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HomeMy WebLinkAbout2023-10-10 Regular Council Meeting Agenda and Reports.pdfCity of Maple Ridge COUNCIL MEETING AGENDA October 10, 2023 7:00 pm Virtual Online Meeting including Council Chambers The purpose of a Council meeting is to enact powers given to Council using bylaws or resolutions. This is the venue for debate of issues before voting on a bylaw or resolution.The meeting is live streamed and recorded by the City of Maple Ridge. This Agenda is posted on the City’s Public Portal at:  https://mapleridge.primegov.com/public/portal For virtual public participation during Public Question Period register by going to Public Portal at: https://mapleridge.primegov.com/public/portal and clicking on the microphone icon for the select meeting 1.CALL TO ORDER 1.1 Territory Acknowledgement The City of Maple Ridge carries out its business on the traditional and unceded territory of the Katzie (q̓ic̓әy̓) First Nation and the Kwantlen (qʼʷa:n̓ƛʼәn̓) First Nation. 2.AMENDMENTS TO THE AGENDA 3.APPROVAL OF AGENDA 4.ADOPTION OF MINUTES 4.1 Minutes Regular Council – September 26, 2023 5.PRESENTATIONS AT THE REQUEST OF COUNCIL 6.DELEGATIONS 6.1 CEED Centre Society Christian Cowley, Executor Director, to provide a presentation on the Japanese Canadian Legacy Project  7.CONSENT AGENDA RECOMMENDATION: THAT the item contained on the October 10, 2023 Regular Council Consent Agenda be received into the record. 7.1 Development Agreements Committee Minutes ­ September 27, 2023 8.UNFINISHED BUSINESS 9.BYLAWS  9.1 05­1970­04, 2024­2027 Permissive Tax Exemptions RECOMMENDATION: THAT third reading of Maple Ridge Tax Exemption Bylaw No. 7961­2023 be rescinded; and  THAT Maple Ridge Tax Exemption Bylaw No. 7961­2023 be given third reading as amended. 9.2 2023­188­RZ, 21695 River Road, Heritage Tax Exemption  Heritage Tax Exemption Bylaw No. 7949­2023 RECOMMENDATION: THAT Heritage Tax Exemption Bylaw No. 7949­2023 be adopted. 9.3 2023­189­RZ, 23575 124 Avenue, Heritage Designation and Tax Exemption Heritage Tax Exemption Bylaw No. 7948­2023 RECOMMENDATION: THAT Heritage Tax Exemption Bylaw No. 7948­2023 be adopted. 9.4 2023­216­RZ, Delegation Bylaw for Minor Development Variance Permits RECOMMENDATION: THAT Maple Ridge Minor Development Variance Permit Delegation Bylaw No. 7952­2023 be adopted. 9.5 Maple Ridge Freedom of Information and Protection of Privacy Bylaw  RECOMMENDATION: THAT Maple Ridge Freedom of Information and Protection of Privacy Amending Bylaw No. 7959­2023 be adopted. 10. COMMITTEE REPORTS AND RECOMMENDATIONS The items in the “Committee Reports and Recommendations” category are staff reports presented at an earlier Committee of the Whole meeting, typically a week prior, to provide Council with an opportunity to ask staff detailed questions. The items are now before the Regular Council meeting for debate and vote. Both meetings are open to the public. The reports are not reprinted again in hard copy; however, they can be found in the electronic agenda or in the Committee of the Whole agenda package dated accordingly. 10.1 2023­217­RZ, Public Hearing Waiver Procedures Bylaw No. 7954­2023 RECOMMENDATION: That Public Hearing Waiver Procedures Bylaw No. 7954­2023 be given first, second, and third reading. 10.2 2022­292­RZ, 12040 248 Street, Second Reading Zone Amending Bylaw No. 7882­2022, CS­1 to C­2 RECOMMENDATION: 1.   That Zone Amending Bylaw No. 7882­2022 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 deposit of a security, as outlined in the Agreement; ii)   Road dedication on Smith Avenue as required; 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 Stormwater Management; v)  In addition to the Ministry of Environment Site Disclosure Statement, 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. vi) That a voluntary contribution, in the amount of $5,600.00 ($5,600.00/unit), or such rate applicable at third reading of this application, be provided in keeping with the Council Policy 6.31 with regard to Community Amenity Contributions.  10.3 09­4560­20, Ridge Brewing Company Ltd. ­ Change of Hours of Liquor Service RECOMMENDATION: 1. That the application for a change to hours of liquor service, as an amendment to their manufacturing license, by Ridge Brewing Company Ltd. located at #2 ­ 22826 Dewdney Trunk Road, Maple Ridge be supported based on the information contained in the Council report dated October 3, 2023. 2. That a copy of the resolution be forwarded to the Liquor and Cannabis Regulation Branch in accordance with the legislative requirements. 10.4 Maple Ridge Bylaw No. 7972­2023, 9878 285 Street, Driveway Access License Agreement RECOMMENDATION: That Bylaw 7972­2023, a Bylaw to enter into an Access Driveway License Agreement over unopened road allowance beyond the western end cul­de­sac of 98 Avenue, the eastern end of Bell Avenue, to property located at 9878 285 Street, be given first, second and third reading. 11.STAFF REPORTS 12.OTHER MATTERS DEEMED EXPEDIENT 13.PUBLIC QUESTION PERIOD 14.MAYOR AND COUNCILLOR VERBAL REPORTS 15.NOTICES OF MOTION AND MATTERS FOR FUTURE MEETING 16.ADJOURNMENT City of Maple RidgeCOUNCIL MEETING AGENDAOctober 10, 20237:00 pmVirtual Online Meeting including Council ChambersThe purpose of a Council meeting is to enact powers given to Council using bylaws or resolutions. This isthe venue for debate of issues before voting on a bylaw or resolution.The meeting is live streamed andrecorded by the City of Maple Ridge. This Agenda is posted on the City’s Public Portal at: https://mapleridge.primegov.com/public/portalFor virtual public participation during Public Question Period register by going toPublic Portal at: https://mapleridge.primegov.com/public/portal and clicking on themicrophone icon for the select meeting1.CALL TO ORDER1.1 Territory AcknowledgementThe City of Maple Ridge carries out its business on the traditional andunceded territory of the Katzie (q̓ic̓әy̓) First Nation and the Kwantlen(qʼʷa:n̓ƛʼәn̓) First Nation.2.AMENDMENTS TO THE AGENDA3.APPROVAL OF AGENDA4.ADOPTION OF MINUTES 4.1 Minutes Regular Council – September 26, 2023 5.PRESENTATIONS AT THE REQUEST OF COUNCIL 6.DELEGATIONS 6.1 CEED Centre Society Christian Cowley, Executor Director, to provide a presentation on the Japanese Canadian Legacy Project  7.CONSENT AGENDA RECOMMENDATION: THAT the item contained on the October 10, 2023 Regular Council Consent Agenda be received into the record. 7.1 Development Agreements Committee Minutes ­ September 27, 2023 8.UNFINISHED BUSINESS 9.BYLAWS  9.1 05­1970­04, 2024­2027 Permissive Tax Exemptions RECOMMENDATION: THAT third reading of Maple Ridge Tax Exemption Bylaw No. 7961­2023 be rescinded; and  THAT Maple Ridge Tax Exemption Bylaw No. 7961­2023 be given third reading as amended. 9.2 2023­188­RZ, 21695 River Road, Heritage Tax Exemption  Heritage Tax Exemption Bylaw No. 7949­2023 RECOMMENDATION: THAT Heritage Tax Exemption Bylaw No. 7949­2023 be adopted. 9.3 2023­189­RZ, 23575 124 Avenue, Heritage Designation and Tax Exemption Heritage Tax Exemption Bylaw No. 7948­2023 RECOMMENDATION: THAT Heritage Tax Exemption Bylaw No. 7948­2023 be adopted. 9.4 2023­216­RZ, Delegation Bylaw for Minor Development Variance Permits RECOMMENDATION: THAT Maple Ridge Minor Development Variance Permit Delegation Bylaw No. 7952­2023 be adopted. 9.5 Maple Ridge Freedom of Information and Protection of Privacy Bylaw  RECOMMENDATION: THAT Maple Ridge Freedom of Information and Protection of Privacy Amending Bylaw No. 7959­2023 be adopted. 10. COMMITTEE REPORTS AND RECOMMENDATIONS The items in the “Committee Reports and Recommendations” category are staff reports presented at an earlier Committee of the Whole meeting, typically a week prior, to provide Council with an opportunity to ask staff detailed questions. The items are now before the Regular Council meeting for debate and vote. Both meetings are open to the public. The reports are not reprinted again in hard copy; however, they can be found in the electronic agenda or in the Committee of the Whole agenda package dated accordingly. 10.1 2023­217­RZ, Public Hearing Waiver Procedures Bylaw No. 7954­2023 RECOMMENDATION: That Public Hearing Waiver Procedures Bylaw No. 7954­2023 be given first, second, and third reading. 10.2 2022­292­RZ, 12040 248 Street, Second Reading Zone Amending Bylaw No. 7882­2022, CS­1 to C­2 RECOMMENDATION: 1.   That Zone Amending Bylaw No. 7882­2022 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 deposit of a security, as outlined in the Agreement; ii)   Road dedication on Smith Avenue as required; 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 Stormwater Management; v)  In addition to the Ministry of Environment Site Disclosure Statement, 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. vi) That a voluntary contribution, in the amount of $5,600.00 ($5,600.00/unit), or such rate applicable at third reading of this application, be provided in keeping with the Council Policy 6.31 with regard to Community Amenity Contributions.  10.3 09­4560­20, Ridge Brewing Company Ltd. ­ Change of Hours of Liquor Service RECOMMENDATION: 1. That the application for a change to hours of liquor service, as an amendment to their manufacturing license, by Ridge Brewing Company Ltd. located at #2 ­ 22826 Dewdney Trunk Road, Maple Ridge be supported based on the information contained in the Council report dated October 3, 2023. 2. That a copy of the resolution be forwarded to the Liquor and Cannabis Regulation Branch in accordance with the legislative requirements. 10.4 Maple Ridge Bylaw No. 7972­2023, 9878 285 Street, Driveway Access License Agreement RECOMMENDATION: That Bylaw 7972­2023, a Bylaw to enter into an Access Driveway License Agreement over unopened road allowance beyond the western end cul­de­sac of 98 Avenue, the eastern end of Bell Avenue, to property located at 9878 285 Street, be given first, second and third reading. 11.STAFF REPORTS 12.OTHER MATTERS DEEMED EXPEDIENT 13.PUBLIC QUESTION PERIOD 14.MAYOR AND COUNCILLOR VERBAL REPORTS 15.NOTICES OF MOTION AND MATTERS FOR FUTURE MEETING 16.ADJOURNMENT City of Maple RidgeCOUNCIL MEETING AGENDAOctober 10, 20237:00 pmVirtual Online Meeting including Council ChambersThe purpose of a Council meeting is to enact powers given to Council using bylaws or resolutions. This isthe venue for debate of issues before voting on a bylaw or resolution.The meeting is live streamed andrecorded by the City of Maple Ridge. This Agenda is posted on the City’s Public Portal at: https://mapleridge.primegov.com/public/portalFor virtual public participation during Public Question Period register by going toPublic Portal at: https://mapleridge.primegov.com/public/portal and clicking on themicrophone icon for the select meeting1.CALL TO ORDER1.1 Territory AcknowledgementThe City of Maple Ridge carries out its business on the traditional andunceded territory of the Katzie (q̓ic̓әy̓) First Nation and the Kwantlen(qʼʷa:n̓ƛʼәn̓) First Nation.2.AMENDMENTS TO THE AGENDA3.APPROVAL OF AGENDA4.ADOPTION OF MINUTES4.1 MinutesRegular Council – September 26, 20235.PRESENTATIONS AT THE REQUEST OF COUNCIL6.DELEGATIONS6.1 CEED Centre SocietyChristian Cowley, Executor Director, to provide a presentation on the JapaneseCanadian Legacy Project 7.CONSENT AGENDARECOMMENDATION:THAT the item contained on the October 10, 2023 Regular Council ConsentAgenda be received into the record.7.1 Development Agreements Committee Minutes­ September 27, 20238.UNFINISHED BUSINESS9.BYLAWS 9.1 05­1970­04, 2024­2027 Permissive Tax ExemptionsRECOMMENDATION:THAT third reading of Maple Ridge Tax Exemption Bylaw No. 7961­2023 berescinded; and THAT Maple Ridge Tax Exemption Bylaw No. 7961­2023 be given third reading asamended.9.2 2023­188­RZ, 21695 River Road, Heritage Tax Exemption Heritage Tax Exemption Bylaw No. 7949­2023RECOMMENDATION:THAT Heritage Tax Exemption Bylaw No. 7949­2023 be adopted.9.3 2023­189­RZ, 23575 124 Avenue, Heritage Designation and Tax Exemption Heritage Tax Exemption Bylaw No. 7948­2023 RECOMMENDATION: THAT Heritage Tax Exemption Bylaw No. 7948­2023 be adopted. 9.4 2023­216­RZ, Delegation Bylaw for Minor Development Variance Permits RECOMMENDATION: THAT Maple Ridge Minor Development Variance Permit Delegation Bylaw No. 7952­2023 be adopted. 9.5 Maple Ridge Freedom of Information and Protection of Privacy Bylaw  RECOMMENDATION: THAT Maple Ridge Freedom of Information and Protection of Privacy Amending Bylaw No. 7959­2023 be adopted. 10. COMMITTEE REPORTS AND RECOMMENDATIONS The items in the “Committee Reports and Recommendations” category are staff reports presented at an earlier Committee of the Whole meeting, typically a week prior, to provide Council with an opportunity to ask staff detailed questions. The items are now before the Regular Council meeting for debate and vote. Both meetings are open to the public. The reports are not reprinted again in hard copy; however, they can be found in the electronic agenda or in the Committee of the Whole agenda package dated accordingly. 10.1 2023­217­RZ, Public Hearing Waiver Procedures Bylaw No. 7954­2023 RECOMMENDATION: That Public Hearing Waiver Procedures Bylaw No. 7954­2023 be given first, second, and third reading. 10.2 2022­292­RZ, 12040 248 Street, Second Reading Zone Amending Bylaw No. 7882­2022, CS­1 to C­2 RECOMMENDATION: 1.   That Zone Amending Bylaw No. 7882­2022 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 deposit of a security, as outlined in the Agreement; ii)   Road dedication on Smith Avenue as required; 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 Stormwater Management; v)  In addition to the Ministry of Environment Site Disclosure Statement, 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. vi) That a voluntary contribution, in the amount of $5,600.00 ($5,600.00/unit), or such rate applicable at third reading of this application, be provided in keeping with the Council Policy 6.31 with regard to Community Amenity Contributions.  10.3 09­4560­20, Ridge Brewing Company Ltd. ­ Change of Hours of Liquor Service RECOMMENDATION: 1. That the application for a change to hours of liquor service, as an amendment to their manufacturing license, by Ridge Brewing Company Ltd. located at #2 ­ 22826 Dewdney Trunk Road, Maple Ridge be supported based on the information contained in the Council report dated October 3, 2023. 2. That a copy of the resolution be forwarded to the Liquor and Cannabis Regulation Branch in accordance with the legislative requirements. 10.4 Maple Ridge Bylaw No. 7972­2023, 9878 285 Street, Driveway Access License Agreement RECOMMENDATION: That Bylaw 7972­2023, a Bylaw to enter into an Access Driveway License Agreement over unopened road allowance beyond the western end cul­de­sac of 98 Avenue, the eastern end of Bell Avenue, to property located at 9878 285 Street, be given first, second and third reading. 11.STAFF REPORTS 12.OTHER MATTERS DEEMED EXPEDIENT 13.PUBLIC QUESTION PERIOD 14.MAYOR AND COUNCILLOR VERBAL REPORTS 15.NOTICES OF MOTION AND MATTERS FOR FUTURE MEETING 16.ADJOURNMENT City of Maple RidgeCOUNCIL MEETING AGENDAOctober 10, 20237:00 pmVirtual Online Meeting including Council ChambersThe purpose of a Council meeting is to enact powers given to Council using bylaws or resolutions. This isthe venue for debate of issues before voting on a bylaw or resolution.The meeting is live streamed andrecorded by the City of Maple Ridge. This Agenda is posted on the City’s Public Portal at: https://mapleridge.primegov.com/public/portalFor virtual public participation during Public Question Period register by going toPublic Portal at: https://mapleridge.primegov.com/public/portal and clicking on themicrophone icon for the select meeting1.CALL TO ORDER1.1 Territory AcknowledgementThe City of Maple Ridge carries out its business on the traditional andunceded territory of the Katzie (q̓ic̓әy̓) First Nation and the Kwantlen(qʼʷa:n̓ƛʼәn̓) First Nation.2.AMENDMENTS TO THE AGENDA3.APPROVAL OF AGENDA4.ADOPTION OF MINUTES4.1 MinutesRegular Council – September 26, 20235.PRESENTATIONS AT THE REQUEST OF COUNCIL6.DELEGATIONS6.1 CEED Centre SocietyChristian Cowley, Executor Director, to provide a presentation on the JapaneseCanadian Legacy Project 7.CONSENT AGENDARECOMMENDATION:THAT the item contained on the October 10, 2023 Regular Council ConsentAgenda be received into the record.7.1 Development Agreements Committee Minutes­ September 27, 20238.UNFINISHED BUSINESS9.BYLAWS 9.1 05­1970­04, 2024­2027 Permissive Tax ExemptionsRECOMMENDATION:THAT third reading of Maple Ridge Tax Exemption Bylaw No. 7961­2023 berescinded; and THAT Maple Ridge Tax Exemption Bylaw No. 7961­2023 be given third reading asamended.9.2 2023­188­RZ, 21695 River Road, Heritage Tax Exemption Heritage Tax Exemption Bylaw No. 7949­2023RECOMMENDATION:THAT Heritage Tax Exemption Bylaw No. 7949­2023 be adopted.9.3 2023­189­RZ, 23575 124 Avenue, Heritage Designation and Tax ExemptionHeritage Tax Exemption Bylaw No. 7948­2023RECOMMENDATION:THAT Heritage Tax Exemption Bylaw No. 7948­2023 be adopted.9.4 2023­216­RZ, Delegation Bylaw for Minor Development Variance PermitsRECOMMENDATION:THAT Maple Ridge Minor Development Variance Permit Delegation Bylaw No.7952­2023 be adopted.9.5 Maple Ridge Freedom of Information and Protection of Privacy Bylaw RECOMMENDATION:THAT Maple Ridge Freedom of Information and Protection of Privacy AmendingBylaw No. 7959­2023 be adopted.10. COMMITTEE REPORTS AND RECOMMENDATIONSThe items in the “Committee Reports and Recommendations” category are staff reports presented atan earlier Committee of the Whole meeting, typically a week prior, to provide Council with anopportunity to ask staff detailed questions. The items are now before the Regular Council meeting fordebate and vote. Both meetings are open to the public. The reports are not reprinted again in hardcopy; however, they can be found in the electronic agenda or in the Committee of the Whole agendapackage dated accordingly.10.1 2023­217­RZ, Public Hearing Waiver Procedures Bylaw No. 7954­2023RECOMMENDATION:That Public Hearing Waiver Procedures Bylaw No. 7954­2023 be given first,second, and third reading.10.2 2022­292­RZ, 12040 248 Street, Second Reading Zone Amending Bylaw No.7882­2022, CS­1 to C­2RECOMMENDATION:1.   That Zone Amending Bylaw No. 7882­2022 be given second reading, and beforwarded 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 Covenantand receipt of the deposit of a security, as outlined in the Agreement;ii)   Road dedication on Smith Avenue as required;iii)  Registration of a Restrictive Covenant for the Geotechnical Report whichaddresses the suitability of the subject property for the proposed development; iv)  Registration of a Restrictive Covenant for Stormwater Management; v)  In addition to the Ministry of Environment Site Disclosure Statement, 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. vi) That a voluntary contribution, in the amount of $5,600.00 ($5,600.00/unit), or such rate applicable at third reading of this application, be provided in keeping with the Council Policy 6.31 with regard to Community Amenity Contributions.  10.3 09­4560­20, Ridge Brewing Company Ltd. ­ Change of Hours of Liquor Service RECOMMENDATION: 1. That the application for a change to hours of liquor service, as an amendment to their manufacturing license, by Ridge Brewing Company Ltd. located at #2 ­ 22826 Dewdney Trunk Road, Maple Ridge be supported based on the information contained in the Council report dated October 3, 2023. 2. That a copy of the resolution be forwarded to the Liquor and Cannabis Regulation Branch in accordance with the legislative requirements. 10.4 Maple Ridge Bylaw No. 7972­2023, 9878 285 Street, Driveway Access License Agreement RECOMMENDATION: That Bylaw 7972­2023, a Bylaw to enter into an Access Driveway License Agreement over unopened road allowance beyond the western end cul­de­sac of 98 Avenue, the eastern end of Bell Avenue, to property located at 9878 285 Street, be given first, second and third reading. 11.STAFF REPORTS 12.OTHER MATTERS DEEMED EXPEDIENT 13.PUBLIC QUESTION PERIOD 14.MAYOR AND COUNCILLOR VERBAL REPORTS 15.NOTICES OF MOTION AND MATTERS FOR FUTURE MEETING 16.ADJOURNMENT Document: 3511526 City of Maple Ridge Regular Council Meeting Minutes September 26, 2023 The Minutes of the Regular Council Meeting held virtually and hosted in Council Chambers on September 26, 2023, at 7:00 pm at City Hall, 11995 Haney Place, Maple Ridge, BC for the purpose of transacting regular City business. PRESENT Elected Officials Mayor D. Ruimy Councillor O. Dozie Councillor J. Dueck Councillor S. Schiller Councillor J. Tan Councillor A. Yousef Councillor K. Carreras ABSENT Appointed Staff S. Hartman, Chief Administrative Officer S. Labonne, Deputy Chief Administrative Officer A. Nurvo, Deputy Corporate Officer C. Howes, Acting Deputy Corporate Officer Other staff as required M. Adams, Director of Bylaw, Licensing and Community Safety M. Best, Interim Director of Planning C. Bevacqua, Clerk 3 A. Grochowich, Manager of Community Planning J. Kim, Computer Support Specialist Z. Lifshiz, Director of Strategic Development, Communications, and Community Engagement M. McMullen, Manager of Development & Environmental Services K. Neratini, Bylaw Compliance Officer C. Nolan, Deputy Director of Finance P. Purewal, Senior Manager, Corporate Communications and Public Engagement F. Smith, Director of Engineering T. Westover, Director of Economic Development Note: These Minutes and a video of the meeting are posted on the City’s Web Site at https://mapleridge.primegov.com/public/portal 1. CALL TO ORDER – 7:00 pm 1.1 Territory Acknowledgement The Mayor provided the land acknowledgement. The Mayor made a statement regarding the recent tragic death of RCMP Constable Frederick (Rick) O’Brien and requested a moment of silence to honour his memory. 2. AMENDMENTS TO THE AGENDA - Nil 3. APPROVAL OF AGENDA 3.1 Approval of the Agenda R/2023-CM-210 Moved, seconded, and CARRIED Regular Council Meeting Minutes September 26, 2023 Page 2 of 8 Document:3511526 THAT the agenda for the September 26, 2023, Regular Council meeting be approved. 4. ADOPTION OF MINUTES 4.1 Minutes R/2023-CM-211 Moved, seconded, and CARRIED THAT the following minutes be adopted as circulated:  Special Council (to Close) – September 5, 2023  Regular Council – September 5, 2023  Special Council (to Close) – September 12, 2023  Report of Public Hearing– September 12, 2023 5. PRESENTATIONS AT THE REQUEST OF COUNCIL - Nil 6. DELEGATIONS - Nil 7. CONSENT AGENDA R/2023-CM-212 Moved, seconded, and CARRIED THAT the items contained in the September 26, 2023, Regular Council Consent Agenda be received into the record, with the exception of Item 7.4. 7.1 2023 Council Expenses Staff report dated September 26, 2023, listing Council expenses recorded to August 31, 2023. 7.2 Disbursements for the month ended August 31, 2023 Staff report dated September 26, 2023, recommending that the disbursements for the month ended August 31, 2023, be received for information. 7.3 School District 42 – Eligible School Sites Proposal Correspondence from School District 42 dated June 22, 2023. 7.4 City Advertising Overview Staff report dated September 26, 2023 7.5 Development Agreements Committee Minutes • September 7, 2023 • September 13, 2023 7.6 2024 BC Summer Games – Board of Director Appointments The following appointments were released from the Closed Council meeting held on September 5, 2023: • Dr. Alissa Banns, Director of Medical Services • David Rooney, Co­Director of Food Services • Fred Armstrong, Director of Marketing R/2023-CM-213 Moved, seconded, and CARRIED Regular Council Meeting Minutes September 26, 2023 Page 3 of 8 Document:3511526 THAT Item 7.4 contained in the September 26, 2023, Regular Council Consent Agenda be received into the record. 8. UNFINISHED BUSINESS – Nil 9. BYLAWS NOTE: Items 9.1 to 9.5 are from the Public Hearing of September 12, 2023 9.1 2023-188-RZ, 21695 River Road, Heritage Tax Exemption Heritage Tax Exemption Bylaw No. 7949-2023 R/2023-CM-214 Moved, seconded, and CARRIED THAT Heritage Tax Exemption Bylaw No. 7949-2023 be given third reading. 9.2 2023-189-RZ, 23575 124 Avenue, Heritage Designation and Tax Exemption Heritage Tax Exemption Bylaw No. 7948-2023 R/2023-CM-215 Moved, seconded, and CARRIED THAT Heritage Tax Exemption Bylaw No. 7948-2023 be given third reading. 9.3 2021-055-RZ, 25443 Bosonworth Avenue, RS-3 to RS-2 Maple Ridge Zone Amending Bylaw No. 7804-2021 R/2023-CM-216 Moved, seconded, and CARRIED THAT Maple Ridge Zone Amending Bylaw No. 7804-2021 be given third reading. 9.4 2017-432-RZ, 20234 Lorne Avenue, RS-1 to RT-2 Maple Ridge Zone Amending Bylaw No. 7518-2018 R/2023-CM-217 Moved, seconded, and CARRIED THAT Maple Ridge Zone Amending Bylaw No. 7518-2018 be given third reading. 9.5 2021-341-RZ, 22108, 22118, 22126, 22136, 22146, 22154 and 22164 Lougheed Highway, RS-1 to RM-2 Maple Ridge Zone Amending Bylaw No. 7780-2021 R/2023-CM-218 Moved, seconded, and CARRIED THAT Maple Ridge Zone Amending Bylaw No. 7780-2021 be given third reading. 9.6 2023-216-RZ, Delegation Bylaw for Minor Development Variance Permits Regular Council Meeting Minutes September 26, 2023 Page 4 of 8 Document:3511526 Development Variance Permit Delegation Bylaw No. 7952-2023 R/2023-CM-219 Moved, seconded, and CARRIED THAT Maple Ridge Minor Development Variance Permit Delegation Bylaw No. 7952- 2023 be given third reading. 9.7 Extension of Tax Sale Redemption Period Extension of Tax Sale Redemption Bylaw No. 7965-2023 R/2023-CM-220 Moved, seconded, and CARRIED THAT Extension of Tax Sale Redemption Period Bylaw No. 7965-2023 be adopted. 9.8 2020-411-RZ, 21429 121 Avenue, RS-1 to R-1 Maple Ridge Zone Amending Bylaw No. 7689-2020 R/2023-CM-221 Moved, seconded, and CARRIED THAT Maple Ridge Zone Amending Bylaw No. 7689-2020 be given adoption. 10. COMMITTEE REPORTS AND RECOMMENDATIONS 10.1 2021-471-RZ, 22582, 22588, 22596, 22606, and 22610 121 Avenue, RS-1 to RM-3 Staff report dated September 12, 2023, recommending that Zone Amending Bylaw No. 7810-2021, to rezone from RS-1 (Single Detached Residential) to RM-3 (Medium/High Density Apartment Residential) to permit the future construction of a 5-storey apartment building with 87 market strata dwelling units, be given second reading and be forwarded to Public Hearing. R/2023-CW-222 Moved, seconded, and CARRIED 1. THAT Zone Amending Bylaw No. 7810-2021 be given second reading, and be forwarded to Public Hearing; and further 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) Road dedication for the lane as required; iii) Consolidation of the subject properties; iv) Registration of a Restrictive Covenant for the Geotechnical Report, which addresses the suitability of the subject properties for the proposed development; Regular Council Meeting Minutes September 26, 2023 Page 5 of 8 Document:3511526 v) Registration of a Restrictive Covenant for the protection of Visitor Parking; vi) Registration of a Restrictive Covenant for Stormwater Management; vii) Removal of existing buildings; viii) In addition to the Ministry of Environment Site Disclosure Statement, 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. ix) That a voluntary contribution, in the amount of $487,200.00 ($5,600.00 per apartment dwelling unit), or such rate applicable at third reading of this application, be provided in keeping with the Council Policy 6.31 with regard to Community Amenity Contributions. x) That a voluntary contribution, in the amount of $158,500.87 ($161.46 per square metre ($15.00 per square foot) for Floor Space Ratio (FSR) in excess of other density provisions for the RM-3 zone), be provided in keeping with the applicable Density Bonus contribution. xi) That a voluntary contribution, in the amount of $168,000.00 ($8,000,00 per off-street parking space required but not provided), be provided in keeping with the previous rate in the City's Off-Street Parking and Loading Bylaw. The previous cash in-lieu rate is being applied as the zone amending bylaw received first reading prior to the adoption of the bylaw amending the City's Off-Street Parking and Loading Bylaw to have a higher cash in-lieu rate. xii) Confirmation in writing that a voluntary contribution, in the amount of $50,000.00 is being provided to the Ridge Meadows Seniors Society toward the society's new bus service that helps take seniors to medical appointments, shopping, and recreational trips. xiii) Confirmation in writing of a voluntary agreement with the Ridge Meadows Seniors Society to provide a daily hot meal for one year, at the Ridge Meadows Seniors Society's Maple Ridge Seniors Activity Centre, to seniors who purchase a unit in the proposed development. 10.2 2023-016-RZ, 20000 Stewart Crescent, M-3 to CD-2-23 Staff report dated September 12, 2023, recommending that Zone Amending Bylaw No. 7908-2023, to rezone from M-3 (Business Park Industrial) to CD-2-23 (Comprehensive Development Zone), to permit the redevelopment of the existing E-One Moli Energy facility to increase the manufacturing capacity of lithium-ion batteries on the subject site, be given second reading and be forwarded to Public Hearing. R/2023-CW-223 Moved, seconded, and CARRIED 1. That Zone Amending Bylaw No. 7908­2023, as amended, be given second reading, and be forwarded to Public Hearing; Regular Council Meeting Minutes September 26, 2023 Page 6 of 8 Document:3511526 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) Registration of a Restrictive Covenant for the Geotechnical Report and floodplain report, which addresses the suitability of the subject property for the proposed development; (iv) Registration of a Restrictive Covenant for Stormwater Management; (v) Removal of existing building; (vi) If the Director of Waste Management from the Ministry of Environment determines that a site investigation is required based on the submitted Site Disclosure Statement, a rezoning, development, or development variance permit cannot be approved until a release is obtained for the subject property; and (vii) In addition to the Ministry of Environment Site Disclosure Statement, 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. 10.3 2023-059-VP, 28304 96 Avenue, Development Variance Permit Staff report dated September 12, 2023, recommending that the Corporate Officer be authorized to sign and seal 2023-059-VP, to reduce the western Interior Side Lot Line setback from 1.5 m (4.9 ft.) to 1.38 m (4.5 ft.), to allow the encroachment of the existing building into the interior side setback. R/2023-CW-224 Moved, seconded, and CARRIED That the Corporate Officer be authorized to sign and seal the Development Variance Permit 2023­ 059­VP, respecting the property located at 28304 96 Avenue. 10.4 Strategic Transportation Plan Endorsement Staff report dated September 12, 2023, recommending that the Strategic Transportation Plan, prepared by Urban Systems Ltd., be endorsed in principle. R/2023-CW-225 Moved, seconded, and CARRIED THAT the Strategic Transportation Plan, prepared by Urban Systems Ltd., be endorsed in principle. 10.5 05-1970-04, 2024-2027 Permissive Tax Exemption Staff report dated September 12, 2023, recommending that properties listed in Bylaw No. 7961-2023 are recommend for property tax exemption for the 2024-2027 taxation years. Regular Council Meeting Minutes September 26, 2023 Page 7 of 8 Document:3511526 R/2023-CW-226 Moved, seconded, and CARRIED THAT Maple Ridge Tax Exemption Bylaw No. 7961-2023 be given first, second and third readings. 10.6 Maple Ridge Freedom of Information and Protection of Privacy Bylaw Staff report dated September 12, 2023, recommending the recent structural changes have led to the division of the Legal Services Department and the Legislative Services Department necessitates an updated bylaw. Bylaw No. 7959-2023 will provide more delegation authority to the Head in accordance with Section 66 of the Act, clarify fees related to the access of information requests, and further align the Bylaw with the City’s obligations under the Act, be given first and second and third reading. R/2023-CW-227 Moved, seconded, and CARRIED THAT Maple Ridge Freedom of Information and Protection of Privacy Amending Bylaw No. 7959-2023 be given first, second, and third readings. 10.7 Policy Governance Framework – Policy No. 3.09 Staff report dated September 26, 2023, recommending that the amended Policy 3.09 be repealed and replace with the new Policy Governance Framework. R/2023-CW-228 Moved, seconded, and CARRIED THAT the new Policy Governance Framework No. 3.09, as amended, be adopted to replace the current Policy Development and Maintenance Policy No. 3.09 in its entirety. 11. STAFF REPORTS 11.1 2022-014-VP, 20425 Hampton Street, Release Secondary Suite Covenant Staff report dated September 26, 2023, recommending the release of a previous “No Suite Covenant” be signed Corporate Officer. R/2023-CW-229 Moved, seconded, and CARRIED THAT the Corporate Officer be authorized to sign the Release of the “No Suite Covenant” No. CA9983916 and Priority Agreement No. CA9983917 respecting property located at 20425 Hampton Street. 12. OTHER MATTERS DEEMED EXPEDIENT - Nil 13. PUBLIC QUESTION PERIOD One member of the public addressed Council. 14. MAYOR AND COUNCILLORS’ REPORTS Mayor and Council provided an update of community events in which they had participated. 15. NOTICES OF MOTION AND MATTERS FOR FUTURE MEETINGS - Nil Regular Council Meeting Minutes September 26, 2023 Page 8 of 8 Document:3511526 16. ADJOURNMENT – 8:03 pm ________________________ D. Ruimy, Mayor Certified Correct: ____________________________________ C. Howes, Acting Deputy Corporate Officer City of Maple Ridge Bylaw No. 7961-2023 A Bylaw to exempt from property taxation, certain properties within the City of Maple Ridge WHEREAS, pursuant to provisions of the Community Charter, S.B.C., 2003, Chapter 26, a Municipal Council may exempt certain land and improvements from property taxation, where, in the opinion of the Municipal Council, the use of the land and improvements qualifies for an exemption; AND WHEREAS, the Municipal Council deems it expedient to exempt certain land and improvements for the years 2024-2027; NOW THEREFORE, the Municipal Council of the City of Maple Ridge in open meeting assembled, enacts as follows: 1. The properties described on “Schedule A” through “Schedule H”; which are attached to this bylaw, shall be exempt from property taxation for the years 2024-2027 provided that the lands, buildings, or portions of building thereon, continue to be used for the purpose for which tax exemption has been granted. 2. This Bylaw shall be cited for all purposes as Maple Ridge Property Tax Exemption Bylaw No. 7961- 2023.   3. The exemptions granted by this bylaw are without prejudice to any claim for entitlement to exemption based on any other provisions of the Community Charter or any other legislation. READ a FIRST TIME 26th day of September, 2023. READ a SECOND TIME 26th day of September, 2023. READ a THIRD TIME ____________ day of ____________, 2023. RECONSIDERED AND ADOPTED the ____________ day of ____________, 2023. __________________________ __________________________ PRESIDING MEMBER CORPORATE OFFICER City of Maple Ridge Bylaw No. 7961-2023 A Bylaw to exempt from property taxation, certain properties within the City of Maple Ridge “SCHEDULE A” That in accordance with Section 224(2)(i) of the Community Charter, the following lands and improvements owned or held by an athletic or service club or association and used principally as a public park or recreation ground or for public athletic or recreational purposes be exempt from property taxation: Owner/Lessee Name Civic Address Folio Number Legal Description Primary PID Scout Properties (BC/Yukon) Ltd. 27660 Dewdney Trunk Road 05299-0100-0 Lot 1, Sec 17, TWP 15, NWD, PL NWP82116 014-874-229 Girl Guides of Canada 26521 Ferguson Avenue 05322-0300-1 Lot 1, Sec 7, TWP 15, NWD, PL NWP70434 002-388-189 Portion of Land and Improvements owned by the City of Maple Ridge/Leased to: Ridge Meadows Seniors Society 12148 224 Street 52700-0001-1 Lot 2, Sec 20, TWP 12, NWD, PL LMS 4011 024-607-525 Ruskin Community Hall 28395 96 Avenue 94856-0000-8 Lot 1, Sec 4, TWP 15, NWD, PL NWP4048 011-015-322 City of Maple Ridge Bylaw No. 7961-2023 A Bylaw to exempt from property taxation, certain properties within the City of Maple Ridge “SCHEDULE B” That in accordance with Section 224(2)(i) of the Community Charter, the following lands and improvements owned or held by an athletic or service club or association and used principally as a public park or recreation ground or for public athletic or recreational purposes be exempt from municipal property taxation; and in accordance with Section 225(2)(e) of the Community Charter, the following land and improvements that are eligible golf course property, being land maintained as a golf course be exempt from property taxation:   Owner/Lessee Name Civic Address Folio Number Legal Description Primary PID City of Maple Ridge/Leased to: Region View Recreation Services (Public Golf Course) 20818 Golf Lane 21238-1001-1 Lot 1, DL 277, NWD, PL NWP84260 015-947-424 City of Maple Ridge Bylaw No. 7961-2023 A Bylaw to exempt from property taxation, certain properties within the City of Maple Ridge “SCHEDULE C” That in accordance with Section 224(2)(a) of the Community Charter, the following land and improvements that are owned or held by a charitable, philanthropic, or other not for profit corporation, and the council considers are used for the same purpose be exempt from property taxation: Owner/Lessee Name Civic Address Folio Number Legal Description Primary PID City of Maple Ridge/Occupied By: Maple Ridge Search and Rescue Society 23598 Jim Robson Way 84120-0005-0 DL 275, NWD, PL LMP45108 N/A City of Maple Ridge Bylaw No. 7961-2023 A Bylaw to exempt from property taxation, certain properties within the City of Maple Ridge “SCHEDULE D” That in accordance with Section 224(2)(d) of the Community Charter, the interest in land and improvements owned by a public or local authority that are being used by a corporation or organization that would be eligible for exemption if the land and improvements were owned by that corporation or organization, shall be exempt from property taxation: Owner/Lessee Name Civic Address Folio Number Legal Description Primary PID City of Maple Ridge/Leased to: Maple Ridge Pitt Meadows Arts Council 11944 Haney Place 31711-1000-0 N/A N/A Greater Vancouver Sewage & Solid Waste/Leased to: Ridge Meadows Recycling Society 10092 236 Street 84112-0001-0 Lot B, DL 275, NWD, PL NWP7587 011-259-281 City of Maple Ridge/ Leased to: Katie’s Place 10255 Jackson Road 84292-0100-0 Lot 2, Sec 3, TWP 12, NWD, PL NWP38409 N/A City of Maple Ridge/Leased to: BC Society for the Prevention of Cruelty to Animals 10235 Jackson Road 84292-0257-0 Lot A, Sec 3, TWP 12, NWD, PL BCP43808 028-160-100 City of Maple Ridge Bylaw No. 7961-2023 A Bylaw to exempt from property taxation, certain properties within the City of Maple Ridge “SCHEDULE E” That in accordance with Section 224(2)(f) of the Community Charter, in relation to property that is exempt under section 220(1)(h) [buildings for public worship], the following land and improvements, that have been deemed as necessary to the building set apart for public worship and not including any portion of the property used for a commercial purpose, be exempt from property taxation:   Owner/Lessee Name Civic Address Folio Number Legal Description Primary PID Wildwood Fellowship Church 10810 272 Street 05071-0100-5 Lot 1, Sec 8, TWP 15, NWD, PL NWP15658 010-090-797 Ridge Meadows Open Door Church 11391 Dartford St 10622-0100-0 Lot 695, DL 278, NWD, PL NWP114 011-525-606 BC Conference of Mennonite Brethren Churches 20450 Dewdney Trunk Road 20762-0305-0 Lot 1, DL 222, NWD, PL LMP40767 024-380-253 Christian & Missionary Alliance (Canadian Pacific District) 20399 Dewdney Trunk Road 20804-0401-1 Lot 1, DL 241, NWD, PL NWP83237 015-254-399 St. Pauls Evangelical Lutheran Church of Haney BC 12145 Laity Street 20861-0100-4 DL 242, NWD 012-842-320 St. John the Divine Anglican Church 21299 River Road 20920-0100-1 Lot 331, DL 248, NWD, PL NWP65523 003-630-421 Roman Catholic Archbishop of Vancouver Church 20285 Dewdney Trunk Road 21140-0400-1 Lot 1, DL 263, NWD, PL NWP75684 008-434-271 Maple Ridge Christian Reformed Church 20245 Dewdney Trunk Road 21142-3300-3 Lot 33, DL 263, NWD, PL NWP71910 004-613-333 Burnett Fellowship Baptist Church 20639 123 Avenue 21190-0001-0 Lot 1, DL 276, NWD, PL LMP42697 024-551-741 Church of Jesus Christ of Latter Day Saints in Canada 11750 207 Street 21255-0201-X Lot 369, DL 277, NWD, PL NWP54899 005-333-504 Trustees of the Kanaka Creek Congregation of Jehovah's Witnesses 11770 West Street 21335-2200-2 Lot 22, DL 280, NWD, PL NWP67774 000-556-505 Church of the Nazarene Canada Pacific District 21467 Dewdney Trunk Road 41990-0000-8 Lot B, DL 245, NWD, PL NWP9007 011-402-911 High Way Church 21746 Lougheed Highway 42162-0000-X Lot 3, DL 247, NWD, PL NWP6664 011-228-393 Congregation of the Haney Presbyterian Church 11858 216 Street 42176-0000-8 Lot 324, DL 247, NWD, PL NWP64655 003-471-951 Trustees of the Congregation of the Golden Ears United Church 22165 Dewdney Trunk Road 42249-0100-6 Lot C, DL 396, NWD, PL NWP14898 006-588-697 Maple Ridge Baptist Church 22155 Lougheed Highway 42331-0100-1 Lot A, DL 397, NWD, PL NWP67821 000-580-376 Governing Council of the Salvation Army in Canada 22188 Lougheed Highway 42345-0200-0 Lot A, DL 397, NWD, PL NWP68759 000-933-295 City of Maple Ridge Bylaw No. 7961-2023 A Bylaw to exempt from property taxation, certain properties within the City of Maple Ridge “SCHEDULE E” continued   Roman Catholic Archbishop of Vancouver 22561 121 Avenue 52788-0000-8 Lot 24, Sec 20, TWP 12, NWD, PL NWP1161 012-020-389 Cornerstone Neighbourhood Fellowship Baptist Church 25102 Dewdney Trunk Road 63029-0100-5 Lot 5, Sec 14, TWP 12, NWD, PL NWP3275 010-904-140 Parish of St. George (Maple Ridge) 23500 Dewdney Trunk Road 63157-2001-1 Lot A, Sec 16, TWP 12, NWD, PL NWP83835 015-406-661 Christian Life Assembly 11756 232 Street 63163-2300-2 Lot 22, Sec 16, TWP 12, NWD, PL NWP75454 008-243-123 Lord Bishop of New Westminster (St. John Evangelical) 27123 River Road 94720-0001-0 Lot 1, DL 433, NWD, PL LMP28492 023-434-716 Apostles of Infinite Love, Canada 27289 96 Avenue 94906-0000-3 Lot B, Sec 5, TWP 15, NWD, PL NWP11439 008-311-048 Jamia Riyadhul Jannah British Columbia Foundation 27079 River Road 94717-0000-0 DL 433, NWD 012-877-301 City of Maple Ridge Bylaw No. 7961-2023 A Bylaw to exempt from property taxation, certain properties within the City of Maple Ridge “SCHEDULE F” That in accordance with Section 224(2)(g) of the Community Charter, land or improvements used or occupied by a religious organization, as tenant or licensee, for the purpose of public worship or for the purposes of a hall that the council considers necessary to land or improvements so used or occupied, be exempt from property taxation: Owner/Lessee Name Civic Address Folio Number Legal Description Primary PID 474223 BC Ltd/Leased to: Northridge Foursquare Church 11601 Laity Street 21034-0000-8 Lot 381, DL 249, NWD, PL NWP58286 005-703-808 City of Maple Ridge Bylaw No. 7961-2023 A Bylaw to exempt from property taxation, certain properties within the City of Maple Ridge “SCHEDULE G” That in accordance with Section 225(2)(b) of the Community Charter the following heritage lands and improvements shall be exempt from property taxation: Owner/Lessee Name Civic Address Folio Number Legal Description Primary PID City of Maple Ridge/ Leased to: Maple Ridge Historical Society (St.Andrew’s United Church) 22279 116 Avenue 31428-0000-1 Lot 4, DL 398, NWD, PL NWP59018 005-724-431 Prince David Temple Society 22272 116 Avenue 31429-0100-0 Lot 3, DL 398, NWD, PL NWP59018 001-421-336 City of Maple Ridge/Leased to: Fraser Information Society (Old Japanese School House) 11739 223 Street 31492-0000-3 Lot 28, BLK 5, DL 398, NWD, PL NWP155 011-539-348 City of Maple Ridge/Leased to: Maple Ridge Historical Society (Haney House) 11612 224 Street 31790-0000-4 Lot 2, BLK 2, DL 398, NWD, PL NWP155 011-538-449 City of Maple Ridge/Leased to: Maple Ridge Historical Society (Haney Brick Yard Office and Haney Brick Yard House) 22520 116 Avenue 31962-0502-3 Lot 2, DL 401, NWD, PL NWP79665 012-350-371 City of Maple Ridge Bylaw No. 7961-2023 A Bylaw to exempt from property taxation, certain properties within the City of Maple Ridge “SCHEDULE H” That in accordance with Section 224(2)(c) of the Community Charter, “land or improvements that the council considers would otherwise qualify for exemption under section 220 [general statutory exemptions] were it not for a secondary use", the council may, by the adoption of a bylaw, determine the proportions of the land and improvements that are to be exempt and taxable; and Section 224(2)(i) of the Community Charter, land or improvements owned or held by an athletic or service club or association and used principally as a public park or recreation ground or for public athletic or recreational purposes, shall be exempt from property taxation as by the proportions set in accordance with Section 224(2)(c) of the Community Charter: Included within each of the exemptions 9(a) and 9(b) is a proportionate share (based on the square footage areas of Cam Neely Arena, The Golden Ears Winter Club, and the remainder of the building) of all entrances, lobbies, change rooms, stairs, elevators, hallways, foyers and other common use areas of the lands and improvements. Owner/Lessee Name Civic Address Folio Number Legal Description Primary PID Land and Improvements owned by the City of Maple Ridge, herein called Cam Neely Arena, shall be exempted from 90% of taxation 23588 Jim Robson Way 84120-0002-0 DL 275, 405, 406 & 408, NWD, PL LMP45108 024-715-883 Land and Improvements owned by the City of Maple Ridge, herein called the Golden Ears Winter Club, shall be exempted from 95% of taxation 23588 Jim Robson Way 84120-0004-0 DL 275, 405, 406 & 408, NWD, PL LMP45108 N/A City of Maple Ridge ~.-,._____ ___ _ mapleridge.ca TO: His Worship Mayor Dan Ruimy and Members of Council FROM: MEETING DATE: FILE NO: MEETING: September 12, 2023 05-1970-04 cow SUBJECT: Chief Administrative Officer 2024-2027 Permissive Tax Exemptions EXECUTIVE SUMMARY: The Community Charter provides Council with the authority to exempt certain types of properties from municipal property taxation for up to ten years. The bylaw attached to this report authorizes permissive exemptions for four years: 2024 through 2027. Council's policy direction in this area is based on the fundamental principle that the City will not grant property tax exemptions to organizations providing services on a private or for profit basis, or where the service is the responsibility of senior governments. If exemptions were granted in these instances then tax payers would be funding programs that were not intended to be funded by property taxes. This policy framework was reviewed at the July 11, 2023, I I Audit & Finance Committee meeting. No changes to the policy framework were contemplated as a result of the review. Over .the past several years, Council has maintained limited growth in Permissive Tax Exemptions recognizing that any increase in exemptions results in a shift of the tax revenue to be collected from the remaining taxable properties. In accordance with the Community Charter and Council policies 5.16 to 5.23, the properties listed in Bylaw No. 7961-2023 are recommended for property tax exemption for the 2024-2027 taxation years. RECOMMENDATION: That Maple Ridge Tax Exemption Bylaw No. 7961-2023 be given first, second and third readings. DISCUSSION: a) Background Context: The Community Charter provides for a general exemption from taxation over which Council does not have any legislative authority. This includes properties such as schools, public hospitals, buildings set apart for public worship and provincial and municipally held public buildings and land. B.C. Assessment determines which properties qualify for statutory exemption according to the Community Charter. The statutory exemption provided to places of public worship only provides for the building used for worship and the land on which it stands, leaving any remaining land and improvements as taxable. Council policy 5.20 confirms that places of public worship will also receive a permissive tax exemption for an additional hall and the entire parcel of land, to a maximum of 5 acres. Buildings other than those used for worship and the hall are subject to taxation, as are any portions of the property deemed to be used for a commercial purpose, as determined by BC Assessment. The statutory exemption offered to places of public worship is not available for those that lease, rather than own, property; Council's policy framework confirms that a permissive exemption will be provided in this instance. Doc # 3467389 Page 1 of 3 The Community Charter also provides Council with the authority to exempt certain other properties from municipal taxation by adopting a bylaw authorizing permissive tax exemptions for up to ten years. These can be land and improvements that are used by not-for-profit organizations that are deemed to contribute to the well-being of the community or private institutions licensed under other legislation such as the Hospital Act and Community Care Facility Act. The bylaw attached to this report authorizes exemptions for a period of four years. Should there be any changes to the eligibility status of properties following the adoption of bylaw 7961-2023, staff will bring forward an amending bylaw as needed. Permissive exemptions can also be granted by Council for heritage properties and portions of a property used for municipal purposes (e.g. parts of Planet Ice, the curling rink and the Ridge Meadows Seniors Society). Council's policy direction is intended to prevent the downloading of services that are the responsibility of senior governments and to ensure local residents are not subsidizing residents from other municipalities. They also establish that where a permissive tax exemption is granted all residents of Maple Ridge have access to the service provided and make certain that the property tax exemption does not provide for an unfair competitive advantage. The services provided by the organization are to be an extension of Municipal services and programs and fall under the responsibility of local government. A Tax Exemption Bylaw adopted by Council specifically applies to the Municipal tax levies on the Property Tax Notice. At this time, the School Act and the Hospital District Act also provide for exemptions from other taxing authorities for properties included in the bylaw. The Community Charter requires the cpr,tents of the proposed taxation exemption bylaw be publicly posted and included in a newspaper prior to its adoption. The notice will include a description of each property and the estimated tax exemption for 2024 and subsequent three years. Churches that receive a statutory exemption are not included in the notice. The City's Annual Report also includes information on all permissive exemptions granted. b) Desired Outcome: Council must adopt the Tax Exemption Bylaw before October 31, 2023, to exempt properties from municipal property taxation for 2024-2027. c) Citizen/Customer Implications: Permissive exemptions are designed to support those services that complement City programs. Inadequate funding from senior governments sometimes results in agencies turning to local government for assistance. The sources of municipal funding are limited and providing exemptions to those groups that fall under the responsibility of senior governments is not feasible. All applicants that received an exemption for the 2023 taxation year are recommended for a permissive tax exemption for 2024 through 2027. d) Business Plan/Financial Implications: Based on 2023 assessed values and using the estimated tax increase for 2024 from the most recent Financial Overview Report, the estimated amount attributable to all the 2024 proposed tax exemptions for the municipal portion of taxes is $891 thousand. Total exemptions for the proposed 2024-2027 bylaw are estimated at $3.8 million. The 2023-2026 financial plan estimates tax revenue in excess of $113 million for 2024. The proposed exemptions equate to less than 1% of annual tax revenues. Doc # 3467389 Page 2 of 3 e) Policy Implications: The applicants recommended for exemption are aligned with the adopted policies. f) Alternatives: Granting tax exemptions leads to a tax shift to other taxpayers, most notably in the Residential Class. An option for Council is to provide a financial grant to assist those organizations providing community services that Council wishes to support. Grants are an annual budget decision and are limited to one year. Council has used this option from time to time. Providing grants does not relieve senior levels of government from their responsibility to the community. Therefore, the potential for downloading costs to the City is somewhat reduced. CONCLUSIONS: The attached bylaw proposes to provide permissive tax exemptions in alignment with Council's policy framework and will apply for the years 2024 -2027. The bylaw must be adopted before October 31, 2023, in order for BC Assessment to enact its provisions. Any changes to eligible properties will be addressed through a bylaw amendment. Prepared by: Catherine Nolan, CPA, CGA Deputy Director of Finance Approved by: Trev r Thompson, BBA, CPA, CGA Director of Finance Concurrence: ~ Chief Administrative Officer Doc# 3467389 Page 3 of 3 City of Maple Ridge Bylaw No. 7961-2023 A Bylaw to exempt from property taxation, certain properties within the City of Maple Ridge WHEREAS, pursuant to provisions of the Community Charter, S.B.C., 2003, Chapter 26, a Municipal Council may exempt certain land and improvements from property taxation, where, in the opinion of the Municipal Council, the use of the land and improvements qualifies for an exemption; AND WHEREAS, the Municipal Council deems it expedient to exempt certain land and improvements for the years 2024-2027; NOW THEREFORE, the Municipal Council of the City of Maple Ridge in open meeting assembled, enacts as follows: 1. The properties described on "Schedule A" through "Schedule H"; which are attached to this bylaw, shall be exempt from property taxation for the years 2024-2027 provided that the lands, buildings, or portions of building thereon, continue to be used for the purpose for which tax exemption has been granted. 2. This Bylaw shall be cited for all purposes as Maple Ridge Property Tax Exemption Bylaw No. 7961- 2023. 3. The exemptions granted by this bylaw are /without prejudice to any claim for entitlement to exemptiun based on any other provisions of the Community Charter or any other legislation. READ a FIRST TIME _____ day of ____ ~ 2023. READ a SECOND TIME _____ day of _____ , 2023. READ a THIRD TIME _____ day of ____ _, 2023. RECONSIDERED AND ADOPTED the _____ day of ____ _, 2023. PRESIDING MEMBER CORPORATE OFFICER City of Maple Ridge Bylaw No. 7961-2023 A Bylaw to exempt from property taxation, certain properties within the City of Maple Ridge "SCHEDULE A" That in accordance with Section 224(2)(i) of the Community Charter, the following lands and improvements owned or held by an athletic or service club or association and used principally as a public park or recreation ground or for public athletic or recreational purposes be exempt from property taxation: Owner/Lessee Name Civic Address Folio Number Legal Description Primary PID Lot 1, Sec 17, lWP 15, NWD, Scout Properties (BC/Yukon) Ltd. 27660 Dewdney Trunk Road 05299-0100-0 PL NWP82116 014-87 4-229 Lot 1, Sec 7, lWP 15, NWD, Girl Guides of Canada 26521 Ferguson Avenue 05322-0300-1 PL NWP70434 002-388-189 Portion of Land and Improvements owned by the City of Maple Ridge/Leased to: Ridge Meadows Lot 2, Sec 20, lWP 12, NWD, Seniors Society 12148 224 Street 52700-0001-0 PLLMS4011 024-607-525 Lot 3, Sec 28, lWP 12, NWD, Fraternal Order of Eagles 23461132 Avenue 73878-0300-6 PL NWP13167 009-781-455 Lot 1, Sec 4, lWP 15, NWD, Ruskin Community Hall 28395 96 Avenue 94856-0000-8 PL NWP4048 011-015-322 City of Maple Ridge Bylaw No. 7961-2023 A Bylaw to exempt from property taxation, certain properties within the City of Maple Ridge "SCHEDULE B" That in accordance with Section 224(2)(i) of the Community Charter, the following lands and improvements owned or held by an athletic or service club or association and used principally as a public park or recreation ground or for public athletic or recreational purposes be exempt from municipal property taxation; and in accordance with Section 225(2)(e) of the Community Charter, the following land and improvements that are eligible golf course property, being land maintained as a golf course be exempt from property taxation: Owner/Lessee Name Civic Address Folio Number Legal Description Primary PID City of Ma pie Ridge/Leased to: Region View Recreation Services Lot 1, DL 277, NWD, PL (Public Golf Course) 20818 Golf Lane 21238-1001-1 NWP84260 015-94 7-424 City of Maple Ridge Bylaw No. 7961-2023 A Bylaw to exempt from property taxation, certain properties within the City of Maple Ridge "SCHEDULE C" That in accordance with Section 224(2)(a) of the Community Charter, the following land and improvements that are owned or held by a charitable, philanthropic, or other not for profit corporation, and the council considers are used for the same purpose be exempt from property taxation: Owner/Lessee Name Civic Address Folio Number Legal Description Primary PID City of Maple Ridge/Occupied By: Maple Ridge Search and Rescue Society 23598 Jim Robson Way 84120-0005-0 DL 275, NWD, PL LMP45108 N/A City of Maple Ridge Bylaw No. 7961-2023 A Bylaw to exempt from property taxation, certain properties within the City of Maple Ridge "SCH EDU LE D" That in accordance with Section 224(2)(d) of the Community Charter, the interest in land and improvements owned by a public or local authority that are being used by a corporation or organization that would be eligible for exemption if the land and improvements were owned by that corporation or organization, shall be exempt from property taxation: Owner/Lessee Name Civic Address Folio Number Legal Description Primary PIO City of Maple Ridge/Leased to: Maple Ridge Pitt Meadows Arts Council 11944 Haney Place 31711-1000-0 N/A N/A Greater Vancouver Sewage & Solid Lot B, DL 275, NWD, PL Waste/Leased to: Ridge Meadows NWP7587 Recycling Society 10092 236 Street 84112-0001-0 011-259-281 City of Maple Ridge/ Leased to: Lot 2, Sec 3, TWP 12, NWD, Katie's Place 10255 Jackson Road 84292-0100-0 PL NWP38409 N/A City of Maple Ridge/Leased to: BC Lot A, Sec 3, TWP 12, NWD, Society for the Prevention of Cruelty PL BCP43808 to Animals 10235 Jackson Road 84292-0257-0 028-160-100 City of Maple Ridge Bylaw No. 7961-2023 A Bylaw to exempt from property taxation, certain properties within the City of Maple Ridge "SCHEDULE E" That in accordance with Section 224(2)(f) of the Community Charter, in relation to property that is exempt under section 220(1)(h) [buildings for public worship], the following land and improvements, that have been deemed as necessary to the building set apart for public worship and not including any portion of the property used for a commercial purpose, be exempt from property taxation: Owner/Lessee Name Civic Address Folio Number Legal Description Primary PID Lot 1, Sec 8, TWP 15, NWD, Wildwood Fellowship Church 10810 272 Street 05071-0100-5 PL NWP15658 010-090-797 Lot 695, DL 278, NWD, PL Ridge Meadows Open Door Church 11391 Dartford St 10622-0100-0 NWP114 011-525-606 BC Conference of Mennonite Lot 1, DL 222, NWD, PL Brethren Churches 20450 Dewdney Trunk Road 20762-0305-0 LMP40767 024-380-253 Christian & Missionary Alliance Lot 1, DL 241, NWD, PL (Canadian Pacific District) 20399 Dewdney Trunk Road 20804-0401-1 NWP83237 015-254-399 St. Pauls Evangelical Lutheran Church of Haney BC 12145 Laity Street 20861-0100-4 DL242, NWD 012-842-320 , ' Lot 331, DL 248, NWD, PL St. John the Divine Anglican Church 21299 River Road 20920-0100-1 NWP65523 003-630-421 Roman Catholic Archbishop of Lot 1, DL 263, NWD, PL Vancouver Church 20285 Dewdney Trunk Road 21140-0400-1 NWP75684 008-434-271 Maple Ridge Christian Reformed Lot 33, DL 263, NWD, PL Church 20245 Dewdney Trunk Road 21142-3300-3 NWP71910 004-613-333 Lot 1, DL 276, NWD, PL Burnett Fellowship Baptist Church 20639 123 Avenue 21190-0001-0 LMP42697 024-551-741 Church of Jesus Christ of Latter Day Lot 369, DL 277, NWD, PL Saints in Canada 11750 207 Street 21255-0201-X NWP54899 005-333-504 Trustees of the Kanaka Creek Lot 22, DL 280, NWD, PL Congregation of Jehovah's Witnesses 11770 West Street 21335-2200-2 NWP67774 000-556-505 Church of the Nazarene Canada Lot B, DL 245, NWD, PL Pacific District 21467 Dewdney Trunk Road 41990-0000-8 NWP9007 011-402-911 Lot 3, DL 247, NWD, PL High Way Church 21746 Lougheed Highway 42162-0000-X NWP6664 011-228-393 Congregation of the Haney Lot 324, DL 24 7, NWD, PL Presbyterian Church 11858 216 Street 42176-0000-8 NWP64655 003-471-951 Trustees of the Congregation of the Lot C, DL 396, NWD, PL Golden Ears United Church 22165 Dewdney Trunk Road 42249-0100-6 NWP14898 006-588-697 Lot A, DL 397, NWD, PL Maple Ridge Baptist Church 22155 Lougheed Highway 42331-0100-1 NWP67821 000-580-376 Governing Council of the Salvation Lot A, DL 397, NWD, PL Army in Canada 22188 Lougheed Highway 42345-0200-0 NWP68759 000-933-295 City of Maple Ridge Bylaw No. 7961-2023 A Bylaw to exempt from property taxation, certain properties within the City of Maple Ridge "SCHEDULE E" continued Roman Catholic Archbishop of Lot 24, Sec 20, TWP 12, Vancouver 22561121 Avenue 52788-0000-8 NWD, PL NWP1161 012-020-389 Cornerstone Neighbourhood Lot 5, Sec 14, TWP 12, NWD, Fellowship Baptist Church 25102 Dewdney Trunk Road 63029-0100-5 PL NWP3275 010-904-140 Lot A, Sec 16, TWP 12, NWD, Parish of St. George (Maple Ridge) 23500 Dewdney Trunk Road 63157-2001-1 PL NWP83835 015-406-661 Lot 22, Sec 16, TWP 12, Christian Life Assembly 11756 232 Street 63163-2300-2 NWD, PL NWP75454 008-243-123 Lord Bishop of New Westminster (St. Lot 1, DL 433, NWD, PL John Evangelical) 27123 River Road 94720-0001-0 LMP28492 023-434-716 Lot B, Sec 5, TWP 15, NWD, Apostles of Infinite Love, Canada 27289 96 Avenue 94906-0000-3 PL NWP11439 008-311-048 Jamia Riyadhul Jannah British Columbia Foundation 27079 River Road 94 717 -0000-0 DL433, NWD 012-877-301 r I City of Maple Ridge Bylaw No. 7961-2023 A Bylaw to exempt from property taxation, certain properties within the City of Maple Ridge "SCHEDULE F" That in accordance with Section 224(2)(g) of the Community Charter, land or improvements used or occupied by a religious organization, as tenant or licensee, for the purpose of public worship or for the purposes of a hall that the council considers necessary to land or improvements so used or occupied, be exempt from property taxation: Owner/Lessee Name Civic Address Folio Number Legal Description Primary PID 4 7 4223 BC Ltd/Leased to: Lot 381, DL 249, NWD, PL Northridge Foursquare Church 11601 Laity Street 21034-0000-8 NWP58286 005-703-808 City of Maple Ridge Bylaw No. 7961-2023 A Bylaw to exempt from property taxation, certain properties within the City of Maple Ridge "SCH EDU LE G" That in accordance with Section 225(2)(b) of the Community Charter the following heritage lands and improvements shall be exempt from property taxation: Owner/Lessee Name Civic Address Folio Number Legal Description Primary PIO City of Maple Ridge/ Leased to: Maple Ridge Historical Society Lot 4, DL 398, NWD, PL (St.Andrew's United Church) 22279 116 Avenue 31428-0000-1 NWP59018 005-724-431 Lot 3, DL 398, NWD, PL Prince David Temple Society 22272 116 Avenue 31429-0100-0 NWP59018 001-421-336 City of Maple Ridge/Leased to: Fraser Information Society (Old Lot 28, BLK 5, DL 398, NWD, Japanese School House) 11739 223 Street 31492-0000-3 PL NWP155 011-539-348 City of Maple Ridge/Leased to: Maple Ridge Historical Society Lot 2, BLK 2, DL 398, NWD, (Haney House) 11612 224 Street 31790-0000-4 PL NWP155 011-538-449 City of Maple Ridge/Leased to: Maple Ridge Historical Society (Haney Brick Yard Office and Haney Lot 2, DL 401, NWD, PL Brick Yard House) 22520 116 Avenue 31962-0502-3 NWP79665 012-350-371 City of Maple Ridge Bylaw No. 7961-2023 A Bylaw to exempt from property taxation, certain properties within the City of Maple Ridge "SCH EDU LE H" That in accordance with Section 224(2)(c) of the Community Charter, "land or improvements that the council considers would otherwise qualify for exemption under section 220 [general statutory exemptions] were it not for a secondary use'\ the council may, by the adoption of a bylaw, determine the proportions of the land and improvements that are to be exempt and taxable; and Section 224(2)(i) of the Community Charter, land or improvements owned or held by an athletic or service club or association and used principally as a public park or recreation ground or for public athletic or recreational purposes, shall be exempt from property taxation as by the proportions set in accordance with Section 224(2)(c) of the Community Charter: Owner/Lessee Name Civic Address Folio Number Legal Description Primary PID Land and Improvements owned by the City of Maple Ridge, herein called Cam Neely Arena, shall be exempted DL 275, 405, 406 & 408, from 90% of taxation 23588 Jim Robson Way 84120-0002-0 NWD, PL LMP45108 024-715-883 Land and Improvements owned by the City of Maple Ridge, herein called the Golden Ears Winter Club, shall be DL 275, 405, 406 & 408, exempted from 95% of taxation 23588 Jim Robson Way 84120-0004-0 NWD, PL LMP45108 N/A Included within each of the exemptions 9(a) and 9(b) is a proportionate share (based on the square footage areas of Cam Neely Arena, The Golden Ears Winter Club, and the remainder of the building) of all entrances, lobbies, change rooms, stairs, elevators, hallways, foyers and other common use areas of the lands and improvements. CllY OF MAPLE RIDGE BYLAW NO. 7949-2023 A Bylaw to grant a Heritage Tax Exemption under Section 225 of the Community Charter WHEREAS the Municipal Council of the City of Maple Ridge wishes to exercise its discretion under section 225 of the Community Charter to exempt the designated portion of the said real property from municipal property taxation subject to the terms and conditions set out in this Bylaw; AND WHEREAS the City of Maple Ridge has provided notice of a proposed tax exemption bylaw in accordance with section 227 of the Community Charter; NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows: 1. This bylaw may be cited as "Heritage Tax Exemption Bylaw No. 7949-2023". 2. In this Bylaw: a. "Effective Date" means the date of adoption of this Bylaw; b. "Heritage Property" means the real property with civic address 21695 River Road, Maple Ridge, B.C. and legally described as LOT 2 DISTRICT LOT 247 GROUP 1 NEW WESTMINSTER DISTRICT PLAN 77955, as outlined in heavy black line on Map No. 2024 a copy of which is attached hereto and forms part of this Bylaw as Schedule "A"; 3. The City hereby exempts the Heritage Property subject to the bylaw from City property taxation, for ten (10) years commencing on January 1 of the year following the Effective Date, as shown on Map No. 2024, a copy of which is attached hereto and forms part of this Bylaw as Schedule "A". 4. If any condition set out in this Bylaw is not met to the satisfaction of the City, acting reasonably, then the Owners must pay to the City the full amount of all tax exemptions received, plus interest, immediately upon written demand. READ a first time the 11th day of July, 2023 READ a second time the 11th day of July, 2023 PUBLIC HEARING held the 12th day of September, 2023 READ a third time the 26th day of September, 2023 ADOPTED, the day of ,20 PRESIDING MEMBER CORPORATE OFFICER "SCHEDULE A" J MAPLE R·IDGE ZONE AMEND IN G 7 4 -202 2024 Pup e: D r te P pert with Herit e x em lion --lJrb n Area B mdary 6 MAPLE RIDGE ~-----N a,,c V" Cc,..,..-.e,1 mapleridge.ca 1.0 CONTEXT 3433507 Page 1 of 4 1.2 Official Community Plan Policy Alignment The Official Community Plan (OCP) outlines the community's long-term vision to become a more vibrant and prosperous community that offers residents stable and special neighbourhoods, thoughtful development, and respect for the built and natural environment. Chapter 4 of the OCP includes policies regarding heritage conservation in the City. Two policies that are applicable to this application are Policy 4-40 and 4-44: 4 -40 Maple Ridge will encourage the conservation and designation of significant heritage structures, and natural and cultural landscape features in each neighbourhood. 4 -44 Maple Ridge will endeavour to use tools available under Provincial legislation more effectively to strengthen heritage conservation in the District. 1.3 Heritage Plan and Community Heritage Commission The City of Maple Ridge's Heritage Plan was endorsed on December 10, 2013, at the Regular Council meeting. The Heritage Plan provides the City with an effective, sustainable, and realistic strategic plan of action. One of the action items within the Heritage Plan was to undertake a full review of available incentive tools enabled under relevant provincial legislation. The Community Heritage Commission hired Don Luxton and Associates to undertake a Heritage Incentives Review in 2019. The Heritage Incentives Review was presented to Council at the January 28, 2020, Workshop and the review identified that Maple Ridge, like many municipalities across BC, are incentivising the conservation of heritage properties by approving tax exemptions for protected heritage properties. At the June 8, 2023, Community Heritage Commission meeting, the Commission received information regarding the application requesting a tax exemption for the heritage designated property at 21695 River Road and passed the following resolution: That the Community Heritage Commission supports the Heritage Tax Exemption request for the property located at 21695 River Road. 2.0 DISCUSSION: The property located at 21695 River Road was designated as a protected heritage property in 1997 as per Heritage Designation Bylaw No. 5549-1997 (Appendix B). The property was the first non- municipally owned property to request the property be protected through a heritage designation bylaw. The property owners who sought to heritage designate the property in 1997 are the same owners seeking a tax exemption. The current property owners have been maintaining the property's heritage value and character for the past 26 years and are now seeking a tax exemption for the municipal portion of property taxes through Bylaw No. 7949-2023 (Appendix A). The property owners are requesting the tax exemption to assist with the rising cost of maintaining a heritage property while on a fixed income. 2.1 Heritage Significance Summary The property located at 21695 River Road was built for Mr. and Mrs. J. Earl Leslie in 1925-26. The house is a good example of a one-storey Craftsman bungalow and is a valuable record of the urban and social development of the neighbourhood, which was originally a rural area that gradually gave 3433507 Page 2 of 4 way to residential growth in the early years of the twentieth century. As the nearby commercial centres of Port Haney and Hammond developed, this neighbourhood slowly developed between the two as a residential neighbourhood of semi-rural modest family homes. The exiting house is complemented and enhanced by the surrounding homes along this portion of River Road with a similar setback from the road; together they constitute a residential grouping of the post-First World War era. The residence is also valued for its excellent exterior restoration and was the recipient of a local residential heritage award in 2003. Additional details regarding the property's heritage value are outlined in the Statement of Significance (Appendix C). 2.2. Heritage Tax Exemption Bylaw No. 7949-2023 Figure 1: Recent Photo of 21695 River Road Heritage Tax Exemption Bylaw No. 7949-2023 (Appendix A) proposed a tax exemption of the municipal portion of property taxes for ten years. The Bylaw also proposes that if Council were to approve the demolition of the property, the owners at the time shall pay to the City the full amount of tax exemptions received, plus interest, immediately upon written demand. These provisions are common within tax exemption bylaws as it encourages future property owners to work with staff to conserve the heritage value instead of demolishing the property. 3.0 NEXT STEPS Should Council move Heritage Tax Exemption Bylaw No. 7949-2023 forward, the bylaw will move through the heritage tax exemption bylaw adoption process. As part of this process, the bylaw must be heard at a public hearing. Figure 2: Heritage Tax Exemption Bylaw Adoption Process First & Second Reading 4.0 STRATEGIC ALIGNMENT Fostering a sense of belonging by building community pride is identified as a Council priority, under the Engaged, Healthy Community pillar, of the 2023-2026 City of Maple Ridge Strategic Plan. 3433507 Page 3 of 4 Continuing to support tax exemptions for protected heritage properties encourages private property owners to maintain these community heritage resources. Opportunities to reduce climate impact is also identified as a Council priority in the Strategic Plan. Encouraging property owners to expand the lifecycle of a building conserves the embodied energy used to build the building, reduces green houses gases, and significantly reduces building materials ending up in landfill. 5.0 FINANCIAL IMPLICATIONS: Should Council wish to proceed with Heritage Tax Exemption Bylaw No. 7949-2023, the property located at 21695 River Road in Maple Ridge would be exempt from the municipal portion of property taxes for ten years. CONCLUSION: The property located at 21695 River Road was designated as a protected heritage property in 1997 as per Heritage Designation Bylaw No. 5549-1997 (Appendix B). After 26 years of maintaining the heritage property, the same property owners who sought to heritage designate the property in 1997, are seeking a tax exemption for the municipal portion of property taxes in order to assist with the rising cost of maintaining a heritage property while on a fixed income. The property has not received any previous heritage tax exemptions. Traditionally, when a property is seeking to become a protected heritage property in Maple Ridge, either through a Heritage Designation Bylaw or Heritage Revitalization Agreement, a tax exemption for the municipal portion of property taxes is often requested. "Original Signed by Krista Gowan" Prepared by: Krista Gowan, MA, CAHP Planner 2 "Original Signed by Charles R. Goddard" Reviewed by: Charles R. Goddard, BA, MA Director of Planning "Original Signed by Stephane Labonne" for Concurrence: Scott Hartman Chief Administrative Officer The following appendices are attached hereto: Appendix A -Heritage Tax Exemption Bylaw No. 7949-2023 Appendix B -Heritage Designation Bylaw No. 55-49-1997 Appendix C -21695 River Road Statement of Significance Appendix D -Recent Photos of 21695 River Road 3433507 Page 4 of 4 CITY OF MAPLE RIDGE BYLAW NO. 7949-2023 APPENDIX A A Bylaw to grant a Heritage Tax Exemption under Section 225 of the Community Charter WHEREAS the Municipal Council of the City of Maple Ridge wishes to exercise its discretion under section 225 of the Community Charter to exempt the designated portion of the said real property from municipal property taxation subject to the terms and conditions set out in this Bylaw; AND WHEREAS the City of Maple Ridge has provided notice of a proposed tax exemption bylaw in accordance with section 227 of the Community Charter; NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows: 1. This bylaw may be cited as "Heritage Tax Exemption Bylaw No. 7949-2023". 2. In this Bylaw: a. "Effective Date" means the date of adoption of this Bylaw; b. "Heritage Property" means the real property with civic address 21695 River Road, Maple Ridge, B.C. and legally described as LOT 2 DISTRICT LOT 247 GROUP 1 NEW WESTMINSTER DISTRICT PLAN 77955, as outlined in heavy black line on Map No. 2024 a copy of which is attached hereto and forms part of this Bylaw as Schedule "A"; 3. The City hereby exempts the Heritage Property subject to the bylaw from City property taxation, for ten (10) years commencing on January 1 of the year following the Effective Date, as shown on Map No. 2024, a copy of which is attached hereto and forms part of this Bylaw as Schedule "A". 4. If any condition set out in this Bylaw is not met to the satisfaction of the City, acting reasonably, then the Owners must pay to the City the full amount of all tax exemptions received, plus interest, immediately upon written demand. 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 2 P 5046 Rem3 11742 P32876 158 11722 117 AVE. H6BB P 13429 3 11080 LMP 12706 A rraao 11052154 B LMS3673 LMP 2706 146 11714110 1171,8/20 P 3 876 159 ~ ,-,, 160 a, 161 '" ij <!, ~ ~ I-; P 3429 6 t"J, rt.. ! :1; ~ ""' l ~ ~ 42 41 P 1 112 W112 E112 D ID ~ ~ ~ <I;, ~ A "SCHEDULE A" ~ ~ Q_ 278 IIJ 11721> .,.,., :; ({a ,cu ~ 1107,0 ~--~ ~ i ~ .~ ,2'j 79 84 83 87 go 242 P3 510 P 2510 EP 87 43 84 C ~ I<;, ;:;;, 7 '"' l~ 80 Ri'Jr.R RD- I BCP44031 1 2 1 2 P 7 18 IBCP45560 PCL A LMP 1.3219 MAPLE RID,GE ZONE AMENDING Bylaw No. Map No. Purpose: MAPLE RIDG E Uri! ,r Cc•unbl3 7949-2023 2024 To Designate Property with Heritage Tax Exemption --Urban Area Boundary SCALE 1 ::2,000 CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 5549-1997 A bylaw to designate a heritage property APPENDIX B WHEREAS, the Council considers that the property described in this Bylaw has heritage value and heritage character and that its designation is desirable for the conservation of protected heritage property, NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: TITLE 1. This bylaw may be cited as "Maple Ridge Heritage Designation Bylaw No. 5549-1997". INTERPRETATION 2. In this Bylaw, any grammatical form of the term "alter" has the meaning corresponding to the meaning given to that term in s.1002 of the Municipal Act .. DESIGNATION 3. The property in the District of Maple Ridge described as Lot 2, DL 247, Plan 77955 with the civic address of 21695 River Road is designated as protected under Section 1022 of the Municipal Act. EXEMPTIONS FROM PERMIT REQUIREMENT 4. The following types of alterations may be made to the property without the owner obtaining a heritage alteration permit: (a) normal repair and maintenance; (b). interior alterations that do not alter the exterior appearance of the building. 5. For the purposes of s. 4 "normal repair and maintenance" is that repair and maintenance occasioned by ordinary wear and tear and is limited to the replacement of elements of the structure or finishing materials of a building with components that are equivalent to those being replaced in material ·composition, dimensions, colour and quality. COMPENSATION 6. Schedule "A" forms part of this bylaw. Page 2 Bylaw 5549-1997 READ a first time the 25th day of March, A.D. 1997. PUBLIC HEARING held the 15th day of April, A.D. 1997. READ a second time the 22nd day of April, A.D. 1997. RJEAD a third time the 22nd day of April, A.D. 1997. RECONSIDERED AND FINALLY ADOPTED the 27th day of May, A.D. 1997. MAPLE RIDGE COMMUNITY HERITAGE REGISTER Laslle Residence 21695 River Road Protected by Municipal Designation: Bylaw 5549-1997 Neighbourhood: The Ridge DESCRIPTION OF HISTORIC PLACE The Leslie Residence is a one-storey plus basement, finely detailed rectangular plan wood frame Craftsman bungalow located in the historic community of The Ridge. APPENDIX C 35 The building stands on a residential street and is fronted by a generous, mature, hedged garden. HERITAGE VALUE OF HISTORIC PLACE This house is a valuable record of the urban and social development of The Ridge, originally a rural area that gradually gave way to residential growth in the early years of the twentieth century, and became an area where people could build a home in a semi-rural setting. The historic community of The Ridge takes its name from the collection of maple trees that ran for two miles, high above the Fraser River on a ridge between Hammond and Port Haney. The early farming settlers in this area encouraged the incorporation of the District of Maple Ridge in 187 4. As the nearby commercial centres of Port Haney and Hammond developed, ~he Ridge slowly developed between the two as a residential neighbourhood of modest family homes. Built for Mr. and Mrs. J. Earl Leslie by contractors Bill White and Howard Leggatt in 1925-26, this house is valued as a good example of the Craftsman style, demonstrating its development at a local level through regional variations. Though not as ornate as many urban examples of the style, the house displays an adept handling of Craftsman detail and ornamentation. The Craftsman bungalow was often long and narrow, designed to suit the subdivided lots available in urban settings; here the house is designed to be wide and shallow, with a central front entry on the long side, reflective of the larger size of the lots in this semi-rural area. Built on a simple rectangular plan with one-storey massing, the house reflects·the modest scale of 1920s residential development in Maple Ridge. The Leslie Residence is complemented and enhanced by the surrounding homes along this portion of River Road with a similar setback from the road; together they constitute a residential grouping of the post-First World War era. The residence is also valued for its excellent exterior restoration and was the recipient of a local residential heritage award in 2003. Updated November 2008 MAPLE RIDGE COMMUNITY HERITAGE REGISTER 36 CHARACTER-DEFINING ELEMENTS Key elements that define the heritage character of the Leslie Residence include its: " siting and orientation on the lot, set back in line with its neighbours and the street .. location in a semi-rural setting in The Ridge ,. form, scale and massing " side-gable roof with a generously proportioned gable-fronted porch " shallow-pitched roof and deep eaves " Craftsman bungalow design, with symmetrical massing and central entry on the long side of plan " local variation in Craftsman details, structural elements and proportions " expressed structural elem.ents such as rafter tails and brackets .. exterior decorative features such as half-timbering over shingles and the dentil course in the porch gable " large brackets on the porch and side gables " multi-paned double-hung wooden sash windows, Including large front windows with a geometrical muntin pattern " surviving interior features such as wooden floors, decorative mouldings and plate rails, Interior doors and plaster walls Updated November 2008 APPENDIX D PHOTOS OF 21695 RIVER ROAD View of Property Looking North Entrance -looking North East Facade -looking North/West CllY OF MAPLE RIDGE BYLAW NO. 7948-2023 A Bylaw to designate a property as a heritage property under Section 611 of the Local Government Act and to grant a Tax Exemption under Section 225 of the Community Charter WHEREAS the City of Maple Ridge considers that the real property with civic address 23575 124 Avenue, Maple Ridge, B.C., to have heritage value and heritage character and that such real property should be designated as protected heritage property under section 611 of the Local Government Act; AND WHEREAS the Municipal Council of the City of Maple Ridge considers that the nature, extent, and form of conservation necessary to protect the heritage value and heritage character of the said real property is as set out in the Statement of Significance which is attached hereto and forms part of this Bylaw as "Schedule A"; AND WHEREAS the Municipal Council of the City of Maple Ridge wishes to exercise its discretion under section 225 of the Community Charter to exempt the designated portion of the said real property from municipal property taxation subject to the terms and conditions set out in this Bylaw; AND WHEREAS the City of Maple Ridge has provided notice of a proposed tax exemption bylaw in accordance with section 227 of the Community Charter; NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows: Title 1. This bylaw may be cited as "Heritage Designation and Tax Exemption Bylaw No. 7948-2023". Interpretation 2. In this Bylaw: a. the terms "alter" "approval", "heritage alteration permit", "heritage character", "heritage designation by-law", "heritage value", "owner" and "real property" have the meaning given to them in the Local Government Act; b. the terms "pruning" and "damage\ have the meaning given to them in the City of Maple Ridge Tree Protection and Management Bylaw No. 7133-2015, as amended; c. "Effective Date" means the date of adoption of this Bylaw; d. "Heritage Property" means the real property with civic address 23575 124 Avenue, Maple Ridge, B.C. and legally described as PIO 011-953-032 LOT 8 SECTION 21 TWP. 12 NEW WESTMINSTER DISTRICT PLAN 1027, as outlined in heavy black line on Map No. 2023 a copy of which is attached hereto and forms part of this Bylaw as Schedule "B"; e. "Main Residential Building" means the 1968 house with later additions that is described in Statement of Significance which is attached to and forms part of this Bylaw as "Schedule A"; f. "Protected Features" means the features of the Heritage Property described under the heading "Heritage Character-Defining Elements" in the Statement of Significance which is attached to and forms part of this Bylaw as "Schedule A". Heritage Designation 3. Council hereby designates the Heritage Property as protected heritage property under section 611 of the Local Government Act of British Columbia. 4. The heritage value and heritage character of the Heritage Property that is protected by this Bylaw are the buildings and landscape features described under the heading "Heritage Character-Defining Elements" in the Statement of Significance which is attached to and forms part of this Bylaw as "Schedule A". Prohibition 5. Except as expressly permitted by a Heritage Alteration Permit issued by Council, or an authorized delegate of Council, no person shall undertake any of the following actions, nor cause or permit any of the following actions to be undertaken in relation to the Protected Features of the Heritage Property: a. alter the exterior of a building or other structure; b. make a structural change to a building or other structure; c. move a building or other structure; d. alter, remove or take an action that would damage a landscape feature that is a Protected Feature. Exemptions from Approval for Alterations 6. The following types of alterations may be made to the Heritage Property without a heritage alteration permit: a. non-structural renovations or alterations to the interior of a building or other structure that do not alter the Protected Features a building or other structure; and b. non-structural normal repair and maintenance of the Protected Features identified in Schedule "A". 7. For the purpose of Section 6 of this Bylaw, "normal repair and maintenance" means: a. the repair to, including removal and reattachment of existing elements, features, finishing materials or any other components of the Heritage Property in the course of such repairs, such that the heritage value and heritage character of the Heritage Property is not altered, including but not limited to the configuration, design and style of a Protected Feature; b. in the case of a landscape feature, the pruning of trees and other vegetation that does not damage a Protected Feature. Heritage Alteration Permits 8. Where a heritage alteration permit is required under this Bylaw for a proposed action in relation to the Heritage Property, an application shall be made to the City of Maple Ridge Planning Department in the manner and on the form prescribed and the applicant shall pay the fee imposed by the City for such permit. 9. Council, or its delegate, is hereby authorized to: a. issue a heritage alteration permit where the proposed action would be consistent with the heritage protection provided for the Heritage Property under this Bylaw; b. withhold the issue of a heritage alteration permit for an action which would not be consistent with the heritage protection provided for the Heritage Property under this Bylaw as Schedule "B"; c. establish and impose terms, requirements, and conditions on the issue of a heritage alteration permit that are considered to be consistent with the purpose of the heritage protection of the Heritage Property; and d. determine whether the terms, requirements and conditions of a heritage alteration permit have been met. Tax Exemption 10. The City hereby exempts the Heritage Property subject of this bylaw from City property taxation, for ten (10) years commencing on January 1 of the year following the Effective Date, as shown on Map No. 2023, a copy of which is attached hereto and forms part of this Bylaw as Schedule "B". 11. If any condition set out in this Bylaw is not met to the satisfaction of the City, acting reasonably, then the Owners must pay to the City the full amount of all tax exemptions received, plus interest, immediately upon written demand. READ a first time the 11th day of July, 2023 READ a second time 11th day of July, 2023 PUBLIC HEARING held the 12th day of September, 2023 READ a third time the 26th day of September , 2023 ADOPTED, the day of , 20 PRESIDING MEMBER CORPORATE OFFICER "SCHEDULE A" STATEMENT OF SIGNFICANCE HISTORIC NAME: Westacre Farms/Westacres ADDRESS: 23575 124 Avenue DATE OF HOUSE CONSTRUCTION: 1968; Later Additions DESCRIPTION OF HISTORIC PLACE Westacre Farms is an agricultural landscape located in the East Haney neighbourhood of Maple Ridge. The entry is a curving, tree-lined drive that leads to a house and farm compound. To the north of the house, a widening of Coho Creek has resulted in the establishment of a wetland area surrounded by mature native Maple trees. HERITAGE VALUE OF HISTORIC PLACE Westacre Farms is significant for its associations with the early agricultural development of Maple Ridge, which includes the history of Japanese settlement in the area, as well as the property's association with the Maple Ridge Music Society; and for its protected wetland and wildlife habitat. The main house is also a good example of mid-century modern architecture in Maple Ridge. Maple Ridge and Pitt Meadows were once home to a large, vibrant Japanese Canadian population. Immigration from Japan to Canada increased greatly in the first decades of the 1900s, and Japanese settlement in Maple Ridge began with the arrival of Jira Inouye in 1907. These new settlers were mainly farmers, and although they established farms throughout the District, most chose to farm near Haney, in the area north of Dewdney Trunk Road, and many raised strawberries. Anti-Japanese feeling was evident at the time; in 1919 the Agricultural Association barred Japanese from their Directorate, and three years later decided not to solicit any further subscriptions from them. By the time of the 1921 Census of Canada, many second-generation children of Japanese descent had been born in Canada and were considered Canadians. The population of Maple Ridge reached was almost a third Japanese Canadian in the 1930s and formed an important part of the community. The site of Westacre Farm was subdivided in 1908 from a larger property owned by Archibald Baillie; the access road to the south, now 124 Avenue, was called Baillie Road at the time. Yazayemon Tamura owned this property and the adjacent site to the west from 1912 to 1921; in 1921 this twenty-acre parcel was transferred to his brother Jube Tamura; they were both poultry farmers. In 1940, there were 29 Japanese Canadian families engaged in the poultry business in Haney, with a total of 18,800 birds, all of the 'White Leghorn' variety. In 1942, the Japanese Canadian population was forcibly evacuated from the Coast, and their properties were confiscated. The Secretary of State of Canada owned this confiscated property until 1944, when it was transferred to the Director of The Veterans' Land Act. It was then rented out, and in the 1950s was the site of a business that provided therapeutic services for racehorses; a large deep concrete pool still exists where a trainer could exercise the horses while they swam, saving wear and tear on their legs. The curving drive that runs through the site appears to be part of a racetrack. Gordon L. and Anne Margaret Clark acquired this farm property in 1963, and built a new mid-century modern style house in 1968. Doug and Sharon Hanzlick lived in Burnaby, Vancouver and Coquitlam for the first seven years of their marriage, but with a growing family plus numerous pets they began to look for a larger property. Doug Hanzlick was approached by Gordon Clark, who was a business acquaintance, to see if he would be interested in 'trading' their two year-old home for this property in Maple Ridge. The Hanzlicks agreed, and moved into the ranch-style house on the property in August 1970. They expanded the home twice during their nine years of living here; the house has a sweeping view over a small lake on the property, and a party room suitable for large-scale entertaining. Josine and Adriaan Eikelenboom acquired the property in 1979, and were soon hosting musical events in the great room, just as they had done in their native Holland before they came to Maple Ridge; this series of modest house concerts led to the formation of the Maple Ridge Music Society in 1983. For over 40 years, the Maple Ridge Music Society has been hosting chamber style concerts within the larger music room. Over the years, the larger room was transformed into an established music room for the community. With the co-operation of a range of musician institutions in Vancouver, such as the Vancouver Symphony, Vancouver Recital Society, and USC Music School Faculty, the Maple Ridge Music Society became a respected institution itself. Both world-class and local musicians have performed on the property. There is a part of the property where Coho Creek has been enlarged into a pond, now a wetland that is a home to herons, ducks and geese. After the death of her husband in 2001, Josine Eikelenboom committed to protecting the land from future development, and has dedicated ten acres of the northern portion of site through a legal covenant in order to preserve the natural environment. HERITAGE CHARACTER-DEFINING ELEMENTS Key elements that define the heritage character of Westacre Farms include its: • • • • • • • location in East Haney, in an agricultural area; continuous residential and agricultural use; rolling agricultural landscape, with cleared open fields, curved entry drive lined with mature fruit trees and a fence way; the 1968 house with later additions that contributes to the mid-century modern design shown through: • one storey ranch style; • exterior vertical cedar siding; • the low-pitched gable roof that connects with the garage roof to form a butterfly roof; ■ deep overhanging eaves with exposed wood roof beams and wood soffits; • long and narrow window walls, often with a second window above to fit the shape of the roof; ■ recessed entrance with oversized wood door surrounded by floor to ceiling windows; mix of residential and agricultural buildings and uses, such as barns, pool, and detached garden suite; remnants of original plantings from previous house and garden, including cultivated bushes, two Prune Plums, two King apple trees, and heirloom daffodils; and protected wetland pond and natural habitat created by the widening of Coho Creek, surrounded by mature native Maple trees. "SCHEDULE B" - - \ f • I MAPLE RIDGE ZONE AMENDING Byl ~ N . 7 4 -2 23 M N _ 2 2 Pur e: e i n te Herit ge Pr p rty with Herit e x em ti n --Ur n Are B und ry MAPLE RIDGE N •·~ ..... ce-. ..... ~ •• ~ -·· ., .~ ·~ .. ___ ____, mapleridge.ca City of Maple Ridge TO: FROM: SUBJECT: His Worship Mayor Dan Ruimy and Members of Council Chief Administrative Officer First and Second Reading MEETING DATE: July 4, 2023 FILE NO: 2023-189-RZ MEETING: CoW Heritage Designation & Tax Exemption Bylaw No. 7948-2023 23575 124 Avenue EXECUTIVE SUMMARY: The residence located at 23575 124 Ave is an agricultural landscape located in the East Haney neighbourhood of Maple Ridge and has been on the Heritage Register since January 29, 2019. The property is an active farm in the Agricultural Land Reserve and is significant for its associations with the early agricultural development of Maple Ridge as well as early Japanese settlement in the area. The property is also significant for its association with the Maple Ridge Music Society, and for its natural environment. The main house is also a good example of mid-century modern architecture in Maple Ridge. The property owner of 23575 124 Avenue in Maple Ridge has requested that the property be protected by a heritage designation bylaw as per Section 611 of the Local Government Act. When a property becomes a protected heritage property, a tax exemption is typically requested at the same time in order to assist with the maintenance of the property. A ten-year tax exemption on the municipal portion of property taxes has been included within the proposed Heritage Designation Bylaw. Tax exemptions for protected heritage properties are permitted under Section 227 of the Community Charter and have generally been approved in Maple Ridge. This report outlines the property's heritage value and the contents of Heritage Designation and Tax Exemption Bylaw No. 7948-2023. Should Council move forward with Heritage Designation and Tax Exemption Bylaw, the property located at 23575 124 Avenue, would become the 17th protected heritage property in Maple Ridge. RECOMMENDATION: That Heritage Designation and Tax Exemption Bylaw No. 7948-2023 be given first and second reading and forwarded to public hearing. 1.0 BACKGROUND: 1.1 Legislative Framework Local Government Act Section 611 of the Local Government Act enables municipal councils to protect a property from demolition and unsympathetic alterations. This means that heritage designation does not freeze a property in time, but rather manages change to a protected heritage property over time. Any property that has heritage value, as demonstrated through a Statement of Significance, is eligible for heritage designation. 3433515 Page 1 of 6 The legislation does not require the consent of the property owner to heritage designate a property and permits the property owner(s) to seek compensation within one year of heritage designation should the market value of the property decrease solely due the heritage designation. For this application, the property owner has requested the property be designated heritage and has signed a document waiving their ability to seek compensation. This waiver has been used in Maple Ridge when a property is heritage designated and is commonly used by municipalities in BC. Community Charter Section 225 of the Community Charter enables a municipal council, by bylaw, to provide a tax exemption for the municipal portion of property taxes for a protected heritage property. The Community Charter does not limit the tax exemption to a maximum number of years, but instead states that the bylaw itself must identify how many years the tax exemption is for. The tax exemption bylaw can also set out terms and conditions for the property. The Community Charter requires that a heritage tax exemption bylaw be adopted by at least a two- thirds vote of all municipal council members and only after the issue of a public notice in accordance with Section 227 of the Community Charter. 1.2 Standards and Guidelines for the Conservation of Historic Places On March 24, 2009, the City of Maple Ridge adopted using the Parks Canada's "Standards and Guidelines for the Conservation of Historic Places in Canada" (aka Standards and Guidelines) to guide the conservation of heritage resources in Maple Ridge. The Standards and Guidelines is a pan- Canadian benchmark for heritage conservation practice across the country and has been adopted by the Provincial and Federal government. It offers results-oriented guidance for sound decision-making when planning for, intervening on, and using historic places. Ultimately, the conservation principles and guidelines within the document provides a path on how places should be conserved. 1.3 Official Community Plan Heritage Policies The Official Community Plan (OCP) outlines the long-term vision to become a more vibrant and prosperous community that offers residents stable and special neighbourhoods, thoughtful development, and respect for the built and natural environment. The OCP contains a number of relevant policies that relate to heritage conservation, including broad issues surrounding growth and development, recognition, and education. The policies are clear in encouraging the conservation of heritage in Maple Ridge. In Chapter 4, Section 4.3 of the OCP, there are two policies applicable to this application: 4 -40 Maple Ridge will encourage the conservation and designation of significant heritage structures, and natural and cultural landscape features in each neighbourhood. 4 -44 Maple Ridge will endeavour to use tools available under Provincial legislation more effectively to strengthen heritage conservation in the District. Other planning tools will also be utilized where appropriate to establish a comprehensive approach to heritage management in the District. 1.4 Heritage Plan and Community Heritage Commission The City of Maple Ridge's Heritage Plan was endorsed on December 10, 2013, at the Regular Council meeting. The Heritage Plan provides the City with an effective, sustainable, and realistic strategic plan of action. One of the action items within the Heritage Plan was to undertake a full review of available 3433515 Page 2 of 6 incentive tools enabled under relevant provincial legislation. The Community Heritage Commission hired Don Luxton and Associates to undertake a Heritage Incentives Review in 2019. The Heritage Incentives Review was presented to Council at the January 28, 2020 Workshop and the review identified that Maple Ridge, like many municipalities across BC, are incentivising the conservation of heritage properties by approving tax exemptions for protected heritage properties. At the June 8, 2023, Community Heritage Commission meeting, the Commission received information regarding the application requesting heritage designation and a tax exemption for the heritage designated property at 23575 124 Avenue and passed the following resolution: That the Community Heritage Commission supports the Heritage Designation and Tax Exemption request for the property located at 23575124 Avenue. 2.0 DISCUSSION: The property located at 23575 124 Avenue is an agricultural landscape located in the East Haney neighbourhood of Maple Ridge. The property is outside of the Urban Area boundary and is within the Agricultural Land Reserve. The property is an active farm and has farm status. The mid-century modern house is set among a rolling agricultural landscape, with cleared open fields and curved entry drive lined with mature fruit trees and fence way. Coho Creek runs through the property and pools into a larger pond in the middle of the property at the rear of the main house. The northern portion of the site is a protected wetland area through a legal covenant in order to preserve the natural environment. The wetland is a home to herons, ducks and geese. 2.1 Heritage Significance Summary The Statement of Significance (Appendix A, Schedule A) states that the property is significant for its associations with the early agricultural development of Maple Ridge, which includes the history of Japanese settlement in the area. The Statement of Significance also states that the property is significant for its close association with the Maple Ridge Music Society, and for its protected wetland and wildlife habitat. The main house is also a good example of mid-century modern architecture in Maple Ridge. The property located at 23575 124 Avenue is located on the traditional, unceded territory of the Katzie First Nation and the Kwantlen First Nation. The cultural history of this area has changed significantly since the first European colonization. Figure 1: View of property -looking North The history of Japanese settlement in the area begins with Yazayemon Tamura, who purchased the property and some of the surrounding properties in 1912. Yazayemon Tamura sold the property to his brother, Jube Tamura, in 1921, who continued operating a poultry farm until 1942. In 1942, the Canadian Government confiscated the Tamura family's property, as well as other Japanese Canadian families along the Coast. The Secretary State of Canada owned this confiscated property until 1944, when it was transferred to the Director of The Veterans• Land Act. The property was rented out between 3433515 Page 3 of 6 1944 to 1963. During this time, all the original buildings on the property are believed to have been demolished. However, it is believed that remnants of original plantings from previous house and garden remain on the property, including cultivated bushes, two Prune Plums, two King apple trees, and heirloom daffodils. In 1968, the mid-century modern ranch style was built and had several additions over the years that have continued with the mid- century modern style. One of the additions was adding the larger room in the rear of the house that has large, exposed cedar beams, and floor to ceiling windows. This larger room is where the Maple Ridge Music Society was formed, in 1983, and has been hosting chamber style concerts within the larger music room for over 40 years. 2.2 Heritage Designation and Tax Exemption Bylaw No. 7948-2023 Figure 2: Photo of "Great Room" Heritage Designation and Tax Exemption Bylaw No. 7948-2023 protects the property from demolition and unsympathetic alterations by outlining when a Heritage Alteration Permit is and is not required for alterations to the property. A Heritage Alteration Permit does not freeze a property in time, but rather manages change to a protected heritage property. The permit process allows staff and the applicant to work together to find a solution that both protects the heritage value of the property and accomplish the property owners desired changes. The Heritage Procedures Bylaw No. 6951-2012 outlines the Heritage Alteration Permit process, including what should be submitted with an application and a reconsideration process. Proposed alterations are evaluated using Standards and Guidelines for the Conservation of Historic Places. The proposed Bylaw also includes a section regarding tax exemption, which proposes a ten-year tax exemption for the municipal portion of property taxes. Additionally, this section states that if any condition set out in this Bylaw is not met to the satisfaction of the City, acting reasonably, or if a Demolition application is approved by Council, the owners must pay the City the full amount of tax exemptions received, plus interest, immediately upon written demand. These provisions are common within heritage designation and tax exemption bylaws as it encourages future property owners to work with staff to conserve the heritage value instead of demolishing the property. 3.0 NEXT STEPS Should Council move the Heritage Designation and Tax Exemption Bylaw No. 7948-2023 forward, the bylaw will proceed through the bylaw adoption process (Figure 3). Public hearing is included within the bylaw adoption process as required by the Local Government Act and Community Charter. The proposed bylaw will be advertised in the newspaper and public hearing will provide an opportunity for the public to provide comment on the proposed changes. 3433515 Page 4 of 6 Figure 3: Heritage Designation and Tax Exemption Bylaw Process First & Second Reading 4.0 STRATEGIC ALIGNMENT Celebrating community pride and fostering a sense of place is identified as a Council priority, under the Engaged, Heathy Community pillar, of the 2023-2026 City of Maple Ridge Strategic Plan. Designating significant properties across Maple Ridge that represent the community's collective past and heritage aligns with the Engaged, Healthy Community pillar. Opportunities to reduce climate impact is also identified as a Council priority in the Strategic Plan. Conserving heritage buildings supports sustainable and environmentally conscious development as it protects a building's embodied energy as conservation supports reinvestment in existing infrastructure. 5.0 FINANCIAL IMPLICATIONS: Should Council wish to proceed with Heritage Designation and Tax Exemption Bylaw No. 7948-2023, the property located at 235 75 124 Avenue in Maple Ridge would be exempt from the municipal portion of property taxes for ten years. CONCLUSION: The property owner of 235 75 124 Avenue in Maple Ridge has requested that the property be protected by a heritage designation bylaw as per Section 611 of the Local Government Act. A tax exemption has also been requested at the same time in order to assist with the maintenance of the property. A ten- year tax exemption on the municipal portion of property taxes has been included within the proposed Heritage Designation and Tax Exemption Bylaw No. 7948-2023. The property is an agricultural landscape located in the East Haney neighbourhood of Maple Ridge and has been on the Heritage Register since January 29, 2019. The property is significant for its associations with the early agricultural development of Maple Ridge, which includes the history of Japanese settlement in the area. The property is also closely associated with the Maple Ridge Music Society, and for its protected wetland and wildlife habitat. The main house is also a good example of mid-century modern architecture in Maple Ridge. 3433515 Page 5 of 6 Should Council move forward with Heritage Designation and Tax Exemption Bylaw No. 7948-2023, the property located at 23575 124 Avenue, would become the 17th protected heritage property in Maple Ridge. "Original Signed by Krista Gowan" Prepared by: Krista Gowan, MA, CAHP Planner 2 "Original Signed by Charles R. Goddard" Approved by: Charles R. Goddard, BA, MA Director of Planning "Original Signed by Stephane Labonne" for Concurrence: Scott Hartman Chief Administrative Officer The following appendices are attached hereto: Appendix A -Heritage Designation and Tax Exemption Bylaw No. 7948-2023 Appendix B -Recent Photos of 23575 124 Avenue 3433515 Page 6 of 6 CITY OF MAPLE RIDGE BYLAW NO. 7948-2023 APPENDIX A A Bylaw to designate a property as a heritage property under Section 611 of the Local Government Act and to grant a Tax Exemption under Section 225 of the Community Charter WHEREAS the City of Maple Ridge considers that the real property with civic address 23575 124 Avenue, Maple Ridge, B.C., to have heritage value and heritage character and that such real property should be designated as protected heritage property under section 611 of the Local Government Act; AND WHEREAS the Municipal Council of the City of Maple Ridge considers that the nature, extent, and form of conservation necessary to protect the heritage value and heritage character of the said real property is as set out in the Statement of Significance which is attached hereto and forms part of this Bylaw as "Schedule A"; AND WHEREAS the Municipal Council of the City of Maple Ridge wishes to exercise its discretion under section 225 of the Community Charter to exempt the designated portion of the said real property from municipal property taxation subject to the terms and conditions set out in this Bylaw; AND WHEREAS the City of Maple Ridge has provided notice of a proposed tax exemption bylaw in accordance with section 227 of the Community Charter; NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows: Title 1. This bylaw may be cited as "Heritage Designation and Tax Exemption Bylaw No. 7948-2023". Interpretation 2. In this Bylaw: a. the terms "alter" "approval", "heritage alteration permit", "heritage character", "heritage designation by-law", "heritage value", "owner" and "real property" have the meaning given to them in the Local Government Act; b. the terms "pruning" and "damage", have the meaning given to them in the City of Maple Ridge Tree Protection and Management Bylaw No. 7133-2015, as amended; c. "Effective Date" means the date of adoption of this Bylaw; d. "Heritage Property" means the real property with civic address 23575 124 Avenue, Maple Ridge, B.C. and legally described as PIO 011-953-032 LOT 8 SECTION 21 TWP. 12 NEW WESTMINSTER DISTRICT PLAN 1027, as outlined in heavy black line on Map No. 2023 a copy of which is attached hereto and forms part of this Bylaw as Schedule "B"; e. "Main Residential Building" means the 1968 house with later additions that is described in Statement of Significance which is attached to and forms part of this Bylaw as "Schedule A"; f. "Protected Features" means the features of the Heritage Property described under the heading "Heritage Character-Defining Elements" in the Statement of Significance which is attached to and forms part of this Bylaw as "Schedule A". Heritage Designation 3. Council hereby designates the Heritage Property as protected heritage property under section 611 of the Local Government Act of British Columbia. 4. The heritage value and heritage character of the Heritage Property that is protected by this Bylaw are the buildings and landscape features described under the heading "Heritage Character-Defining Elements" in the Statement of Significance which is attached to and forms part of this Bylaw as "Schedule A". Prohibition 5. Except as expressly permitted by a Heritage Alteration Permit issued by Council, or an authorized delegate of Council, no person shall undertake any of the following actions, nor cause or permit any of the following actions to be undertaken in relation to the Protected Features of the Heritage Property: a. alter the exterior of a building or other structure; b. make a structural change to a building or other structure; c. move a building or other structure; d. alter, remove or take an action that would damage a landscape feature that is a Protected Feature. Exemptions from Approval for Alterations 6. The following types of alterations may be made to the Heritage Property without a heritage alteration permit: a. non-structural renovations or alterations to the interior of a building or other structure that do not alter the Protected Features a building or other structure; and b. non-structural normal repair and maintenance of the Protected Features identified in Schedule "A". 7. For the purpose of Section 6 of this Bylaw, "normal repair and maintenance" means: a. the repair to, including removal and reattachment of existing elements, features, finishing materials or any other components of the Heritage Property in the course of such repairs, such that the heritage value and heritage character of the Heritage Property is not altered, including but not limited to the configuration, design and style of a Protected Feature; b. in the case of a landscape feature, the pruning of trees and other vegetation that does not damage a Protected Feature. Heritage Alteration Permits 8. Where a heritage alteration permit is required under this Bylaw for a proposed action in relation to the Heritage Property, an application shall be made to the City of Maple Ridge Planning Department in the manner and on the form prescribed and the applicant shall pay the fee imposed by the City for such permit. 9. Council, or its delegate, is hereby authorized to: a. issue a heritage alteration permit where the proposed action would be consistent with the heritage protection provided for the Heritage Property under this Bylaw; b. withhold the issue of a her1tage alteration permit for an action which would not be consistent with the heritage protection provided for the Heritage Property under this Bylaw as Schedule "B"; c. establish and impose terms, requirements, and conditions on the issue of a heritage alteration permit that are considered to be consistent with the purpose of the heritage protection of the Heritage Property; and d. determine whether the terms, requirements and conditions of a heritage alteration permit have been met. Tax Exemption 10. The City hereby exempts the Heritage Property subject of this bylaw from City property taxation, for ten (10) years commencing on January 1 of the year following the Effective Date, as shown on Map No. 2023, a copy of which is attached hereto and forms part of this Bylaw as Schedule "B". 11. If any condition set out in this Bylaw is not met to the satisfaction of the City, acting reasonably, then the Owners must pay to the City the full amount of all tax exemptions received, plus interest, immediately upon written demand. READ a first time the day of READ a second time the day of PUBLIC HEARING held the day of READ a third time the day of ADOPTED, the day of PRESIDING MEMBER , 20 ,20 ,20 ,20 , 20 CORPORATE OFFICER "SCHEDULE A" STATEMENT OF SIGNFICANCE HISTORIC NAME: Westacre Farms/Westacres ADDRESS: 23575 124 Avenue DATE OF HOUSE CONSTRUCTION: 1968; Later Additions DESCRIPTION OF HISTORIC PLACE Westacre Farms is an agricultural landscape located in the East Haney neighbourhood of Maple Ridge. The entry is a curving, tree-lined drive that leads to a house and farm compound. To the north of the house, a widening of Coho Creek has resulted in the establishment of a wetland area surrounded by mature native Maple trees. HERITAGE VALUE OF HISTORIC PLACE Westacre Farms is significant for its associations with the early agricultural development of Maple Ridge, which includes the history of Japanese settlement in the area, as well as the property's association with the Maple Ridge Music Society; and for its protected wetland and wildlife habitat. The main house is also a good example of mid-century modern architecture in Maple Ridge. Maple Ridge and Pitt Meadows were once home to a large, vibrant Japanese Canadian population. Immigration from Japan to Canada increased greatly in the first decades of the 1900s, and Japanese settlement in Maple Ridge began with the arrival of Jira Inouye in 1907. These new settlers were mainly farmers, and although they established farms throughout the District, most chose to farm near Haney, in the area north of Dewdney Trunk Road, and many raised strawberries. Anti-Japanese feeling was evident at the time; in 1919 the Agricultural Association barred Japanese from their Directorate, and three years later decided not to solicit any further subscriptions from them. By the time of the 1921 Census of Canada, many second-generation children of Japanese descent had been born in Canada and were considered Canadians. The population of Maple Ridge reached was almost a third Japanese Canadian in the 1930s and formed an important part of the community. The site of Westacre Farm was subdivided in 1908 from a larger property owned by Archibald Baillie; the access road to the south, now 124 Avenue, was called Baillie Road at the time. Yazayemon Tamura owned this property and the adjacent site to the west from 1912 to 1921; in 1921 this twenty-acre parcel was transferred to his brother Jube Tamura; they were both poultry farmers. In 1940, there were 29 Japanese Canadian families engaged in the poultry business in Haney, with a total of 18,800 birds, all of the 'White Leghorn' variety. In 1942, the Japanese Canadian population was forcibly evacuated from the Coast, and their properties were confiscated. The Secretary of State of Canada owned this confiscated property until 1944, when it was transferred to the Director of The Veterans' Land Act. It was then rented out, and in the 1950s was the site of a business that provided therapeutic services for racehorses; a large deep concrete pool still exists where a trainer could exercise the horses while they swam, saving wear and tear on their legs. The curving drive that runs through the site appears to be part of a racetrack. Gordon L. and Anne Margaret Clark acquired this farm property in 1963, and built a new mid-century modern style house in 1968. Doug and Sharon Hanzlick lived in Burnaby, Vancouver and Coquitlam for the first seven years of their marriage, but with a growing family plus numerous pets they began to look for a larger property. Doug Hanzlick was approached by Gordon Clark, who was a business acquaintance, to see if he would be interested in 'trading' their two year-old home for this property in Maple Ridge. The Hanzlicks agreed, and moved into the ranch-style house on the property in August 1970. They expanded the home twice during their nine years of living here; the house has a sweeping view over a small lake on the property, and a party room suitable for large-scale entertaining. Josine and Adriaan Eikelenboom acquired the property in 1979, and were soon hosting musical events in the great room, just as they had done in their native Holland before they came to Maple Ridge; this series of modest house concerts led to the formation of the Maple Ridge Music Society in 1983. For over 40 years, the Maple Ridge Music Society has been hosting chamber style concerts within the larger music room. Over the years, the larger room was transformed into an established music room for the community. With the co-operation of a range of musician institutions in Vancouver, such as the Vancouver Symphony, Vancouver Recital Society, and UBC Music School Faculty, the Maple Ridge Music Society became a respected institution itself. Both world-class and local musicians have performed on the property. There is a part of the property where Coho Creek has been enlarged into a pond, now a wetland that is a home to herons, ducks and geese. After the death of her husband in 2001, Josine Eikelenboom committed to protecting the land from future development, and has dedicated ten acres of the northern portion of site through a legal covenant in order to preserve the natural environment. HERITAGE CHARACTER-DEFINING ELEMENTS Key elements that define the heritage character of Westacre Farms include its: • • • • • • • location in East Haney, in an agricultural area; continuous residential and agricultural use; rolling agricultural landscape, with cleared open fields, curved entry drive lined with mature fruit trees and a fence way; the 1968 house with later additions that contributes to the mid-century modern design shown through: ■ one storey ranch style; ■ exterior vertical cedar siding; ■ the low-pitched gable roof that connects with the garage roof to form a butterfly roof; ■ deep overhanging eaves with exposed wood roof beams and wood soffits; ■ long and narrow window walls, often with a second window above to fit the shape of the roof; ■ recessed entrance with oversized wood door surrounded by floor to ceiling windows; mix of residential and agricultural buildings and uses, such as barns, pool, and detached garden suite; remnants of original plantings from previous house and garden, including cultivated bushes, two Prune Plums, two King apple trees, and heirloom daffodils; and protected wetland pond and natural habitat created by the widening of Coho Creek, surrounded by mature native Maple trees. "SCHEDULE B" iii a fi L 11. ~ 11. I I I:! ,. ll PilllZT .,_ Bo -ts 7 ... -9~, ' Pfll!l7 '\.. ... --=~-----------... --.... ! MAPLE RIDGE ZONE AMENDING Bylaw No_ Map No. 7948-202 3 202 3 ,! l •. » I ..... ,. S7 p- llll IIICTfm -- Ptl'.GI 111o. .. 0 p- -t t i 1i Purpose: To Designate as a Heritage Property with Heritage Tax Exemption --Urban Area Boundary Ii MAPLE RIDGE ------N U 11 ,~ ,.,: ur-,Lii J SCALE 1:4.000 APPENDIX 8 PHOTOS OF 23575 124 AVENUE View of Property Looking North Entrance -looking North Front Fagade of 23575 124 Avenue / .......... ._ ..... ; -_,. .. :·-t.v West Fagade of 23575 124 Avenue Rear Fa<;ade of the "Great Room" -looking South Inside the "Great Room" Rear Fagade That Overlooks the Pond -looking South/East . .. • '.·; ·\. ~ ... ,\ __ :-':_"7 :~ ~ .- ii."P.'Mi!~•.Ji Pond Behind the Main House; Connected with Coho Creek -looking West Western Pasture Property Exit -Looking South CITY OF MAPLE RIDGE BYLAW NO. 7952-2023 A Bylaw to establish the City’s criteria and process for delegating Minor Development Variance Permits under the Local Government Act ______________________________________________________________________________ WHEREAS, under Section 498.1 of the Local Government Act, a municipal council is authorized to delegate parts of its powers, duties and functions, including those specifically established by an enactment, to its officers and employees; NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows: 1. Citation This Bylaw shall be cited as "Minor Development Variance Permit Delegation Bylaw No. 7952-2023". 2. Definitions In this Bylaw: “Applicant” means the registered owner of the property that is the subject of an application, or the registered owner’s designate by way of written consent; “City” means the City of Maple Ridge; “Delegated Official” means the City Staff member whom Council delegates its authority to under this Bylaw; “Development Variance Permit” means a permit as defined by Section 498 of the Local Government Act; "Minor Development Variance Permit" means a Development Variance Permit that has been determined to be minor by the Delegated Official in accordance with the criteria set out in this Bylaw; “Notice of Appeal” means a written request submitted to the Corporate Officer for an Appeal; and “Zoning Bylaw” means the current City of Maple Ridge Zoning Bylaw, as amended from time to time. 3. Statute Amendments (a) Any reference made to statutes or legislation refers to the most current version of that statute or legislation, as amended from time to time. 4. Delegated Official (a) Council hereby delegates to the Director of Planning or their designate, the powers of Council to issue a Minor Development Variance Permit and the authority to impose, in accordance with applicable City policies or bylaws, terms and conditions for a Minor Development Variance Permit to: a. ensure public safety, b. improve livability, c. maintain neighbourhood character, d. preserve the natural environment, e. retain heritage character, or f. enhance sustainability. (b) For the purposes of this Bylaw, the Delegated Official is the Director of Planning or their designate. 5. Application Review Procedure (a) The Applicant may submit an application for a Development Variance Permit pursuant to the current Maple Ridge Development Procedures Bylaw, as amended from time to time. (b) Upon receiving a processed application for a Development Variance Permit from the Planning Department, the Delegated Official will consider whether the application could be appropriately addressed through the issuance of a Minor Development Variance Permit. (c) If the application is not appropriate to address through the issuance of a Minor Development Variance Permit, the Delegated Official will refer the application to Council for consideration. 6. Bylaw Criteria for Minor Development Variance Permits An application for a Development Variance Permit may be considered as a Minor Development Variance Permit by the Delegated Official if the requested variance(s) does not contravene British Columbia Building Code or and British Columbia Fire Code and is: (a) For regulations under Maple Ridge Zoning Bylaw No. 7600-2019, as amended from time to time, 1. Principal Buildings and Structures Setbacks i. 15% or less of the front, rear, interior, and exterior lot line setback requirements for Principal Buildings and Structures on lots that have a total lot area of 557.0 square metres or less. ii. 20% or less of the front, rear, interior, and exterior lot line setback requirements for Principal Buildings and Structures on lots that have a total lot area greater than 557.0 square metres. iii. 10% or less of maximum depth from the front lot line for the Farm Home Plate requirements for a Principal Buildings or Structures. iv. 10% or less of the front, rear, interior, and exterior lot line setback requirements for a Kennel Use. 2. Accessory Buildings and Structures Setbacks i. 15% or less of the front, rear, interior, and exterior lot line setback requirements for all Accessory Buildings and Structures, except for the following: ii. 20% or less of the front, rear, and exterior lot line setback requirements for Accessory Buildings and Structures that are for Renewable Energy Device, including heat pumps, air conditioning devices, and similar devices. iii. 15% or less from the nearest projection of the Building Face of the Single Detached Residential Use for a Detached Garden Suites Residential use. 3. Height i. 10% or less of the building height requirements, excluding zones that permit a Single Detached Residential use or a Two-Unit Residential use. ii. 10% or less of the maximum height requirement for Retaining Walls, except when located within the visual clearance area at intersections. iii. 10% or less of the maximum height requirements for fences along the front, rear, interior, and exterior of the property line except when located within the visual clearance area at intersections. (a) For regulations under Maple Ridge Off-Street Parking and Loading Bylaw No: 4350-1990, is: 1. 10% or less of the motor vehicle off street parking space requirements, excluding: i. Areas that permit payment in-lieu; ii. Single Detached Residential uses; iii. Accessory Dwelling Units, such as Secondary Suite Residential or Detached Garden Residential; iv. Two-Unit Residential uses; v. Accessible Off-Street Parking Spaces; and vi. Visitor Parking. 7. Guidelines for Minor Development Variance Permits (a) The Delegated Official must consider the following guidelines in deciding whether to issue a Minor Development Variance Permit: 1. That there is a. no bylaw or nuisance violations open on the property; b. no construction related to the Minor Development Variance Permit application has commenced on the property; 2. That the proposed variance a. aligns with the current Official Community Plan Bylaw, including the Development Permit Area Guidelines; b. does not increase the number of storeys of the building as regulated by the Zoning Bylaw; 3. does not vary Land Use or Density as regulated by the Zoning Bylaw; 4. does not conflict with any statutes, bylaws, orders, legislation, or laws; 5. does not negatively impact neighborhood context; 6. does not impact visual clearance or sight lines at intersections; 7. does not interfere with setbacks from Wells and high-pressure gas right-of-way; 8. does not apply to a property for which a Heritage Revitalization Agreement is in effect; and 9. does not impose any costs on the City. 8. Application Issuance or Referral (a) If the Delegated Official determines that the application satisfies the criteria and guidelines set out in Section 6 and Section 7 of this Bylaw, respectively, the Delegated Official has the authority to issue a Minor Development Variance Permit and may impose any conditions with the Minor Development Variance Permit that the Delegated Official deems appropriate. (b) If the Delegated Official determines not to issue a Minor Development Variance Permit upon considering the criteria set out in Section 6 and Section 7 of this Bylaw, respectively, the Delegated Official may refer the application to Council for consideration. (c) Subject to the Applicant’s right for reconsideration under Section 9 this Bylaw, the decision of the Delegation Official on whether to issue a Minor Development Variance Permit or refer the application to Council is final. 9. Reconsideration Application (a) An Applicant may request that a decision by the Delegated Official under this Bylaw be reconsidered by Council in accordance with this section. (b) An Applicant who wishes to Appeal a decision made by a Delegated Official to Council must submit a Notice of Appeal to the Corporate Officer within the specified time period of the applicable bylaw, or if no period is specified, within 30 Business Days from the date in which the decision is communicated in writing to the Applicant’s address, email address or facsimile number. (c) The Corporate Officer may decline to schedule an Appeal if the Notice of Appeal has not been received within the time period as set out in Section 9(b). (a) The Notice of Appeal must include: 1. the Applicant’s name, address, and a method of contacting the Applicant; 2. a copy of the written decision received by the Applicant, including any supporting materials provided to the Applicant by the Delegated Official; and 3. the Applicant’s grounds for seeking an Appeal, the desired outcome, prior steps taken to resolve the matter, and any other applicable supporting materials. (d) Reconsideration by Council must take place at ta regular Council meeting that occurs after the date on which the Corporate Officer receives the reconsideration application. (e) Prior to the regular Council meeting at which the decision is to be reconsidered, the Corporate Officer must: 1. give notice of a reconsideration application in accordance with any notice requirements applicable to the original Development Variance Permit application; 2. deliver to each member of Council a copy of the materials that were considered by the Delegated Official in making the decision that is to be reconsidered, plus a copy of any additional materials submitted by the owner, the Delegated Official, and any other relevant persons; and 3. deliver to the Applicant a copy of all documents which Council will consider during the reconsideration meeting. 10. Meeting Procedure (a) At the time of reconsideration, the Applicant and any other person who is interested in the decision are entitled to be heard by Council, either directly or through an agent. (b) At the time of reconsideration, the delegate may address Council or respond to its questions. 11. Council Decision (a) After reconsideration, Council may either confirm the decision of the Delegated Official, vary the decision or set aside the decision and substitute a decision of Council. 12. Notice of Council’s Decision (a) The Corporate Officer must deliver written notice to the Applicant of Council’s decision within 30 days of the decision being made. 13. No Further Reconsideration (a) If a matter has been reconsidered and decided by Council under this Bylaw, no person may apply again to Council for reconsideration of the same or substantially the same matter for a minimum of six months from the date in which the application was reconsidered. READ a first time the 5th day of September, 2023. READ a second time the 5th day of September, 2023. READ a third time the 26th day of September, 2023 ADOPTED, the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER TO: FROM: City of Maple Ridge His Worship Mayor Dan Ruimy and Members of Council Chief Administrative Officer MEETING DATE: September 5, 2023 FILE NO: 2023-216-RZ MEETING: CoW SUBJECT: First and Second Reading Maple Ridge Minor Development Variance Permit Delegation Bylaw No. 7952-2023 Delegation Bylaw for Minor Development Variance Permits EXECUTIVE SUMMARY: On February 28, 2023, at Council Workshop, Council received information regarding Provincial Bill 26 and the changes to the Local Government Act and the Community Charter that now allow local governments to adopt bylaws in order to delegate the issuance of minor Development Variance Permits (DVP) to staff. A minor DVP allows a property owner to construct a building or structure that slightly does not meet one or more of the Zoning Bylaw's regulations. A local government, through a bylaw, may also define what is considered to be a 'minor' DVP. The February 28, 2023, Council Workshop report provided a starting point for what may be considered minor for Council consideration, which included reducing sitting requirements for various land uses and building forms as well as a reduction in parking requirements. At the February 28, 2023, Council Workshop meeting, Council passed the following resolution: That staff bring forward a Council delegation bylaw that enables the Director of Planning to approve development variance permits, for minor variances, in accordance with the provisions outlined in the report titled uBiff 26: Local Government Act Updates", dated February 28, 2023. The purpose of this report is to provide an overview of the proposed criteria outlined in Maple Ridge Minor Development Variance Permit Delegation Bylaw No. 7952-2023 (Appendix A) for when a DVP is considered "minor". The criteria for when a DVP is considered minor is largely based off the criteria identified in the February 28, 2023, Council Workshop report. However, changes have been made to reflect Council's comments at the February meeting and to assist staff in processing applications in a more efficient timeline. Ultimately, the criteria proposed for a minor DVP is intended to be relatively unnoticeable by the average user of the site, adjacent sites, and the surrounding public realm. The Maple Ridge Minor Development Variance Permit Delegation Bylaw No. 7952-2023 also provides guidelines that must be considered when deciding if the Director of Planning should issue or deny a minor DVP application. Some of these guidelines include meeting BC Building and Fire Code, aligning with City policies, and not increasing the density of the proposed development. The legislative changes brought into effect through Bill 26 were in recognition that housing affordability and attainability is a significant challenge for the Province. By delegating the issuance of minor DVPs authority to the Director of Planning it enables the City of Maple Ridge to streamline and accelerate development review to approve new housing supply quicker. RECOMMENDATION: That Maple Ridge Minor Development Variance Permit Delegation Bylaw No. 7952-2023 be given first and second reading. DOC# 3492572 Page 1 of 7 1.0 BACKGROUND: Provincial Bill 26-2021 Municipal Affairs Statutes Amendment Act (No. 2), 2021, or referred to as "Bill 26" received Royal Assent on November 25, 2021. Bill 26 updated the Community Charter and the Local Government Act (LGA). The changes permitted a local government to allow for a staff delegate to issue minor Development Variance Permits (DVP) should a bylaw be passed. The bylaw should include criteria that sets out what is considered to be a minor DVP and guidelines to be considered by the delegate when determining to issue the minor DVP. 1.1 Work to Date On February 28, 2023, at Council Workshop, Council was presented with a report that discussed the changes brought forward by Bill 26 and proposed a starting point as to how these changes could be implemented in Maple Ridge. For the topic of delegated authority for minor DVPs, the report proposed the following provisions to be delegated to the Director of Planning: • Reduction of up to 10% of the siting requirements for employment, institutional and mixed-use development forms, providing all building and fire codes are met. • Reduction of up to 10% of the siting requirements for all housing forms, providing all building and fire codes are met, with the exception of the front setback requirement for apartment and townhouse uses which would be up to 60%. • A 60% front setback for townhouse and apartment use has become the new standard for these types of development. • Increase of up to 10% for building height for solely aesthetic elements -projections, form and character -not for additional storeys. • Reduction of up to 15% of the parking requirements for employment, institutional, mixed-use and multi-family developments within the Town Centre and Lougheed Transit Area (once adopted), providing payment in-lieu fees are remitted in accordance with Schedule C of the Maple Ridge Off-Street Parking & Loading Bylaw No. 4350-1990. 1.2 Municipal Scan Update from February 28, 2023, Report The February 28, 2023, Council Workshop report provided a select municipal scan of neighbour municipalities that implemented or were considering implementing new powers enabled by Bill 26. Below is a list of municipalities have passed a bylaw or are considering passing a bylaw to delegate minor Development Variance Permit (DVP) to staff. The list below provides a quick snapshot of what each municipality considers or is considering to be a "minor" DVP. Appendix B provides a more in-depth summary. Adopted Delegated Authority Bylaw for Minor DVPs • City of Burnaby -up to 25% of Zoning Bylaw requirements for setbacks, height, and parking • City of New Westminster -up to the discretion of the Director • City of North Vancouver -up to 25% of Zoning Bylaw requirements for setbacks, height, and parking • District of North Vancouver -up to the discretion of the General Manager • City of Surrey -up to the discretion of the General Manager Considering Adopting a Delegated Authority Bylaw for Minor DVPs • City of Coquitlam -up to 25% of Zoning Bylaw requirements for setbacks, height, and parking DOC# 3492572 Page 2 of 7 Half of the municipalities listed above have or are considering a DVP to be up to 25% of the Zoning Bylaw regulations for setbacks, height, and parking. The other three municipalities leave the definition of what may be considered a minor DVP up to the delegated staff member. The proposed Maple Ridge Minor Development Variance Permit Delegation Bylaw No. 7952-2023 aligns with the up 25% reduction of the Zoning Bylaw regulations for setbacks, height, and parking, but has clear criteria that is Maple Ridge specific for what may be a minor DVP to reduce uncertainty for an applicant. Overall, most of the municipalities listed above have very similar guidelines for what must be considered by the delegate when deciding to issue a minor DVP, such as the application does not vary land use, increase the density, number of storeys of the building, and does not contravene other City policies or bylaws. The proposed Maple Ridge Minor Development Variance Permit Delegation Bylaw No. 7952- 2023 generally aligns with other municipalities guidelines that must be considered by the delegate when determining to issue a minor DVP. 2.0 DISCUSSION: A minor Development Variance Permit (DVP) allows a property owner to construct a building or structure that slightly does not meet one or more of the Zoning Bylaw's regulations. A minor variance is considered small enough thatthe allowance is relatively unnoticeable by the average user of the site, adjacent sites, and the surrounding public realm. Previously, local governments were not permitted to delegate the authority to issue development variance permits to staff. Under the Bill 26 amendments, local governments may delegate issuance authority to staff where the proposed development variance is minor and falls within the following categories: • Zoning bylaws respecting siting, size and dimensions of buildings, structures and permitted uses; • Off-street parking and loading space requirements; • Regulation of signs; • Screening and landscaping to mask or separate uses to preserve, protect, restore and enhance the natural environment; and • Other provisions prescribed by Provincial regulation. The provincial legislation has been left local government to determine what is considered a "minor" development variance permit. 2. 1 Criteria for Minor Development Variance Permit The proposed Maple Ridge Minor Development Variance Permit Delegation Bylaw No. 7952-2023 (Appendix A) outlines criteria for when a Development Variance Permit (DVP) application may be considered 'minor'. This criteria is unique to Maple Ridge and provides applicants and staff with clarity on what may be considered a minor DVP. The proposed bylaw separates the criteria into four categories: • Principal Buildings and Structures Setbacks; • Accessory Buildings and Structures Setbacks; • Height; and • Parking. Should a DVP application not meet the criteria outlined in the proposed bylaw, the application would be forwarded to Council for decision. DOC# 3492572 Page 3 of 7 Principal and Accessory Building and Structures Setback Variance For Principal and Accessory Building and Structures setbacks, the proposed bylaw sets out clear criteria of what may be considered a minor DVP for different types of buildings on different size lots. Overall, the proposed bylaw does not permit a minor DVP to exceed 20% of the Zoning Bylaw's lot line setback regulations and the 20% variance maximum is only for larger residential, commercial, institutional, or industrial lots or for specific uses, such as Renewable Energy Devices. Properties that have a total lot area less than 557m2 may only exceed the Zoning Bylaw's lot line setback regulation up to 15%. For example, the proposed bylaw may permit a RS-1 Single Detached Residential lot to have their front yard setback reduced from 7.5m to 6.0m (20% reduction) through the delegated minor DVP process. However, for small lots, such as the R-1 Single Detached Low Density Urban Residential, could only reduce their front yard setback from 5.5m to 4.4m (15%) as the minimum lot area required in the Zoning Bylaw is less than 557m2• Compared to other municipalities that have passed a bylaw to delegate minor DVPs to staff, such as City of Burnaby and City of North Vancouver, the proposed criteria for a minor DVP will have a smaller impact as the other municipalities either leave it up to staff discretion or up to 25% of the Zoning Bylaws regulations. Height Variance For Height, the proposed criteria allows minor DVPs to exceed up to 10% of the Zoning Bylaws height requirements for all zones (except single detached and duplex uses), retaining walls, and fences. Off-Street Parking Variance For Off-Street Parking, the proposed criteria allows a minor DVP to reduce the number of off-street motor vehicle parking spaces up to 10%, except for: • Areas within the payment in-lieu program; • Accessible parking; • Single detached or duplex residential uses; • Accessory Dwelling Units, such as secondary suites and detached garden suites. The February 28, 2023, Council Workshop report suggested 15% reduction, however, the percentage was changed to reflect Council's comments. 2.2 Guidelines When Considering a Minor Development Variance Permit The proposed Maple Ridge Minor Development Variance Permit Delegation Bylaw No. 7952-2023 also includes guidelines that the Director of Planning must consider when reviewing a DVP application and deciding whether to Issue the permit. The proposed bylaw includes the following guidelines: • • • • • • • • • • • no bylaw or nuisance violations open on the property; no construction related to the Minor Development Variance Permit application has commenced on the property; aligns with the current Official Community Plan Bylaw, including the Development Permit Area Guidelines; does not increase the number of storeys of the building as regulated by the Zoning Bylaw; does not vary Land Use or Density as regulated by the Zoning Bylaw; does not conflict with any statutes, bylaws, orders, legislation, or laws; does not negatively impact neighborhood context; does not impact visual clearance or sight lines at intersections; does not interfere with setbacks from wells and high-pressure gas right-of-way; does not apply to a property for which a Heritage Revitalization Agreement is in effect; and does not impose any costs on the City . DOC# 3492572 Page 4 of 7 Should a DVP application not meet the guidelines outlined in the proposed bylaw, the application may be denied by the Director of Planning within their discretion. The applicant can then request reconsideration, which brings the application forward to Council for decision. 2.3 Reconsideration Requests Similar to the City's other bylaws that permit delegated authority, the proposed bylaw includes reconsideration procedures. An applicant who wishes to have a decision reconsidered by the Council must apply for a reconsideration by delivering written notice of the request to the Corporate Officer within 30 days of the date on which the decision, by the delegate, is communicated in writing to the applicant. The application will then be presented to Council for reconsideration at a future meeting. At this meeting, Council will have the option to confirm the delegates decision, or substitute with Council's own decision, which includes not issuing the permit or requiring terms and conditions. Figure 1 below summarizes the process, and a larger version can be found in Appendix C. Figure 1: DVP Application Process L DVP Application Received ---------Application meets Criteria of Minor DVP Director of Planning Reviews Guidelines Application does NQimeetthe Criteria of Minor DVP Applicant Requests Reconsideration _____ ....., Requires Council Decision Issues a DVP Denies the Application 2.4 Update to Development Variance Fees & Charges Should Council move the proposed Maple Ridge Minor Development Variance Permit Delegation Bylaw No. 7952-2023 forward, the Fees & Charges Bylaw No. 7575-2019 will be amended to introduce a new application type for minor Development Variance Permits (DVPs). This new fee will be introduced with the update to the Fees & Charges Bylaw No. 7575-2019 later this year. 3.0 TIMELINES & NEXT STEPS Should Council move forward with the proposed Maple Ridge Minor Development Variance Permit Delegation Bylaw No. 7952-2023, the bylaw could receive its initial readings at the next Regular Council meeting. DOC# 3492572 Page 5 of 7 Should First and Second Reading be granted, staff will update the bylaw to reflect any Council comments and the bring forward the bylaw for Third, and Final Reading. The bylaw is anticipated to be adopted before the end of the year. A public hearing is not required as the bylaw is not amending the Zoning Bylaw. Figure 2: Bylaw Adoption Process Workshop Feb 28, 2023 1st & 2 nd Reading 3rd, & Final Reading Should the Maple Ridge Minor Development Variance Permit Delegation Bylaw No. 7952-2023 be adopted, the new delegated authority process for development variance permits (DVPs} would apply to applications that have not received First reading. Any application that has received First reading would be subject to a DVP being brought forward to Council for decision. Additionally, should the subject bylaw be adopted, staff would bring forward a report to Council after one year of adoption to provide the opportunity to make changes to the bylaw. 4.0 STRATEGIC ALIGNMENT Delegating authority to staff to issue minor Development Variance Permits aligns with two of the five pillars of the 2023-2026 City of Maple Ridge Strategic Plan. • The proposed bylaw aligns with the "Liveable Community" pillar as the bylaw will streamline and accelerate the development review in order to approve new housing supply quicker. • The proposed bylaw also aligns with the "Governance & Corporate Excellence" pillar as the bylaw will assist in delivering exceptional customer experience across City's development services. 5.0 FINANCIAL IMPLICATIONS: Should Council move the proposed Maple Ridge Minor Development Variance Permit Delegation Bylaw No. 7952-2023 forward, the Fees & Charges Bylaw No.7575-2019 will be amended to introduce a new application type for minor Development Variance Permits (DVPs}. CONCLUSION: Provincial "Bill 26" received Royal Assent on November 25, 2021, and now allows a local government to delegate the issuance of minor Development Variance Permits (DVP} to staff though the passing of a This report provides an overview of the proposed Maple Ridge Minor Development Variance Permit Delegation Bylaw No. 7952-2023. The proposed bylaw includes criteria that sets out what a minor DVP is considered to be fore Maple Ridge and guidelines that must be considered by the Director of Planning when determining to issue the minor DVP. The proposed bylaw also outlines a reconsideration process for applicants. Delegating the issuance of minor DVPs authority to the Director of Planning enables the City of Maple Ridge to streamline and accelerate development review in order to approve new housing supply quicker. *Original Signed by Krista Gowan* Prepared by: Krista Gowan, MA Planner 2 *Original Signed by Charles R. Goddard* Reviewed by: Charles R. Goddard, BA, MA Director of Planning *Original Signed by Scott Hartman* Concurrence: Scott Hartman Chief Administrative Officer The following appendices are attached hereto: Appendix A -Maple Ridge Minor Development Variance Permit Delegation Bylaw No. 7952-2023 Appendix B -Municipal Scan of Municipalities That Implemented or are Considering Delegated Minor DVPs Appendix C -Development Variance Application Process DOC# 3492572 Page 7 of 7 APPENDIX A CITY OF MAPLE RIDGE BYLAW NO. 7952-2023 A Bylaw to establish the City's criteria and process for delegating Minor Development Variance Permits under the Local Government Act WHEREAS, under Section 498.1 of the Local Government Act, a municipal council is authorized to delegate parts of its powers, duties and functions, including those specifically established by an enactment, to its officers and employees; NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows: 1. Citation This Bylaw shall be cited as "Minor Development Variance Permit Delegation Bylaw No. 7952- 202311. 2. Definitions In this Bylaw: "Applicant" means the registered owner of the property that is the subject of an application, or the registered owner's designate by way of written consent; "City" means the City of Maple Ridge; "Delegated Official" means the City Staff member whom Council delegates its authority to under this Bylaw; "Development Variance Permit" means a permit as defined by Section 498 of the Local Government Act; "Minor Development Variance Permit" means a Development Variance Permit that has been determined to be minor by the Delegated Official in accordance with the criteria set out in this Bylaw; "Notice of Appeal" means a written request submitted to the Corporate Officer for an Appeal; and "Zoning Bylaw" means the current City of Maple Ridge Zoning Bylaw, as amended from time to time. 3. Statute Amendments (a) Any reference made to statutes or legislation refers to the most current version of that statute or legislation, as amended from time to time. 4. Delegated Official (a) Council hereby delegates to the Director of Planning or their designate, the powers of Council to issue a Minor Development Variance Permit and the authority to impose, in accordance with applicable City policies or bylaws, terms and conditions for a Minor Development Variance Permit to: a. ensure public safety, b. improve livability, c. maintain neighbourhood character, d. preserve the natural environment, e. retain heritage character, or f. enhance sustainability. (b) For the purposes of this Bylaw, the Delegated Official is the Director of Planning or their designate. 5. Application Review Procedure (a) The Applicant may submit an application for a Development Variance Permit pursuant to the current Maple Ridge Development Procedures Bylaw, as amended from time to time. (b) Upon receiving a processed application for a Development Variance Permit from the Planning Department, the Delegated Official will consider whether the application could be appropriately addressed through the issuance of a Minor Development Variance Permit. (c) If the application is not appropriate to address through the issuance of a Minor Development Variance Permit, the Delegated Official will refer the application to Council for consideration. 6. Bylaw Criteria for Minor Development Variance Permits An application for a Development Variance Permit may be considered as a Minor Development Variance Permit by the Delegated Official if the requested variance(s) does not contravene British Columbia Building Code or and British Columbia Fire Code and is: (a) For regulations under Maple Ridge Zoning Bylaw No. 7600-2019, as amended from time to time, 1. Principal Buildings and Structures Setbacks i. 15% or less of the front, rear, interior, and exterior lot line setback requirements for Principal Buildings and Structures on lots that have a total lot area of 557.0 square metres or less. ii. 20% or less of the front, rear, interior, and exterior lot line setback requirements for Principal Buildings and Structures on lots that have a total lot area greater than 557 .0 square metres. iii. 10% or less of maximum depth from the front lot line for the Farm Home Plate requirements for a Principal Buildings or Structures. iv. 10% or less of the front, rear, interior, and exterior lot line setback requirements for a Kennel Use. 2. Accessory Buildings and Structures Setbacks i. 15% or less of the front, rear, interior, and exterior lot line setback requirements for all Accessory Buildings and Structures, except for the following: ii. 20% or less of the front, rear, and exterior lot line setback requirements for Accessory Buildings and Structures that are for Renewable Energy Device, including heat pumps, air conditioning devices, and similar devices. iii. 15% or less from the nearest projection of the Building Face of the Single Detached Residential Use for a Detached Garden Suites Residential use. 3. Height i. 10% or less of the building height requirements, excluding zones that permit a Single Detached Residential use or a Two-Unit Residential use. ii. 10% or less of the maximum height requirement for Retaining Walls, except when located within the visual clearance area at intersections. iii. 10% or less of the maximum height requirements for fences along the front, rear, interior, and exterior of the property line except when located within the visual clearance area at intersections. (a) For regulations under Maple Ridge Off-Street Parking and Loading Bylaw No: 4350-1990, is: 1. 10% or less of the motor vehicle off street parking space requirements, excluding: i. Areas that permit payment in-lieu; ii. Single Detached Residential uses; iii. Accessory Dwelling Units, such as Secondary Suite Residential or Detached Garden Residential; iv. Two-Unit Residential uses; v. Accessible Off-Street Parking Spaces; and vi. Visitor Parking. 7. Guidelines for Minor Development Variance Permits (a) The Delegated Official must consider the following guidelines in deciding whether to issue a Minor Development Variance Permit: 1. That there is a. no bylaw or nuisance violations open on the property; b. no construction related to the Minor Development Variance Permit application has commenced on the property; 2. That the proposed variance a. aligns with the current Official Community Plan Bylaw, including the Development Permit Area Guidelines; b. does not increase the number of storeys of the building as regulated by the Zoning Bylaw; 3. does not vary Land Use or Density as regulated by the Zoning Bylaw; 4. does not conflict with any statutes, bylaws, orders, legislation, or laws; 5. does not negatively impact neighborhood context; 6. does not impact visual clearance or sight lines at intersections; 7. does not interfere with setbacks from Wells and high-pressure gas right-of-way; 8. does not apply to a property for which a Heritage Revitalization Agreement is in effect; and 9. does not impose any costs on the City. 8. Application Issuance or Referral (a) If the Delegated Official determines that the application satisfies the criteria and guidelines set out in Section 6 and Section 7 of this Bylaw, respectively, the Delegated Official has the authority to issue a Minor Development Variance Permit and may impose any conditions with the Minor Development Variance Permit that the Delegated Official deems appropriate. (b) If the Delegated Official determines not to issue a Minor Development Variance Permit upon considering the criteria set out in Section 6 and Section 7 of this Bylaw, respectively, the Delegated Official may refer the application to Council for consideration. (c) Subject to the Applicant's right for reconsideration under Section 9 this Bylaw, the decision of the Delegation Official on whether to issue a Minor Development Variance Permit or refer the application to Council is final. 9. Reconsideration Application (a) An Applicant may request that a decision by the Delegated Official under this Bylaw be reconsidered by Council in accordance with this section. (b) An Applicant who wishes to Appeal a decision made by a Delegated Official to Council must submit a Notice of Appeal to the Corporate Officer within the specified time period of the applicable bylaw, or if no period is specified, within 30 Business Days from the date in which the decision is communicated in writing to the Applicant's address, email address or facsimile number. (c) The Corporate Officer may decline to schedule an Appeal if the Notice of Appeal has not been received within the time period as set out in Section 9(b). (a) The Notice of Appeal must include: 1. the Applicant's name, address, and a method of contacting the Applicant; 2. a copy of the written decision received by the Applicant, including any supporting materials provided to the Applicant by the Delegated Official; and 3. the Applicant's grounds for seeking an Appeal, the desired outcome, prior steps taken to resolve the matter, and any other applicable supporting materials. (d) Reconsideration by Council must take place at ta regular Council meeting that occurs after the date on which the Corporate Officer receives the reconsideration application. (e) Prior to the regular Council meeting at which the decision is to be reconsidered, the Corporate Officer must: 1. give notice of a reconsideration application in accordance with any notice requirements applicable to the original Development Variance Permit application; 2. deliver to each member of Council a copy of the materials that were considered by the Delegated Official in making the decision that is to be reconsidered, plus a copy of any additional materials submitted by the owner, the Delegated Official, and any other relevant persons; and 3. deliver to the Applicant a copy of all documents which Council will consider during the reconsideration meeting. 10. Meeting Procedure (a) At the time of reconsideration, the Applicant and any other person who is interested in the decision are entitled to be heard by Council, either directly or through an agent. (b) At the time of reconsideration, the delegate may address Council or respond to its questions. 11. Council Decision (a) After reconsideration, Council may either confirm the decision of the Delegated Official, vary the decision or set aside the decision and substitute a decision of Council. 12. Notice of Council's Decision (a) The Corporate Officer must deliver written notice to the Applicant of Council's decision within 30 days of the decision being made. 13. No Further Reconsideration (a) If a matter has been reconsidered and decided by Council under this Bylaw, no person may apply again to Council for reconsideration of the same or substantially the same matter for a minimum of six months from the date in which the application was reconsidered. READ a first time the day of READ a second time the day of READ a third time the day of ADOPTED, the day of PRESIDING MEMBER , 20 ,20 , 20 ,20 CORPORATE OFFICER APPENDIX B Table 1: Municipal Scan of Municipalities That Implemented or are Considering Delegated Minor DVPs City Summary of What May be Considered to be a Minor DVP City of Burnaby City of New Westminster City of North Vancouver District of North Vancouver City of Surrey Setbacks Height Parking Other Variances do not exceed 25% of the applicable requirements of the Zoning Bylaw At the discretion of the Director of Climate Action, Planning and Development 25% or less for building setbacks and separations, lot coverage, open site space, and permeable surfaces; 10% or less for building height 25% or less for minimum parking space provision for vehicles and bicycles At the discretion of the General Manager of Planning, Properties & Permits. At the discretion of the General Manager, Planning & Development Variance is for ten (10) parking spaces or more Generally considering variances to not exceed 25% of the applicable requirements of the Zonin Bylaw None Includes Sign Bylaw Variance Criteria None Includes Sign Bylaw Variance Criteria Figure 1: Development Variance Application Process Issues a DVP L Application meets Criteria of Minor OVP Director of Planning Reviews Guidelines OVP Application Received Denies the Application Refers Application to Council Applicant Requests Reconsideration Application does NOT meet the Criteria of Minor OVP Requires Council Decision APPENDIXC Issues a DVP Denies the Application CITY OF MAPLE RIDGE BYLAW NO. 7959-2023 A Bylaw to establish the administration of the Freedom of Information and Protection of Privacy Act at the City of Maple Ridge. ______________________________________________________________________________ WHEREAS, Section 77 of the Freedom of Information and Protection of Privacy Act, Chapter 165 [RSBC 1996] (the “Act”) requires that a municipality establish, by bylaw, a person or group of persons as the head of the municipality for the purposes of the Act; AND WHEREAS, Section 77 of the Act permits a municipality to set any fees, by bylaw, that the municipality requires to be paid under Section 75 of the Act; NOW THEREFORE, Council of the City of Maple Ridge enacts as follows: 1. Citation This Bylaw may be cited as “Maple Ridge Freedom of Information and Protection of Privacy Act Bylaw No. 7959-2023”. 2. Interpretation For the purposes of this Bylaw: (a) except as otherwise defined in this Bylaw, any words or phrases herein will be construed in accordance with their meanings under the Act or the Interpretation Act, Chapter I-21, [RSC 1985]. (b) headings are for convenience only and are not to be construed as defining, or in any way limiting, the scope or intent of this Bylaw; (c) any references made to a statute or regulation refers to the most current enactment of that statute or regulation in the Province of British Columbia, as amended or replaced from time to time; (d) any references made to a bylaw refers to the most current enactment of that bylaw at the City, as amended or replaced from time to time. 3. Definitions In this Bylaw: “Act” means the Freedom of Information and Protection of Privacy Act, RSBC 1996, Chapter 165. “Applicant” means a person who makes a request for access to information under the Act. “Commercial Applicant” means a person who makes a request for access to information for use pertaining to a trade, business, profession, or other venture for profit. “Corporate Officer” means the City Staff member appointed as the Corporate Officer to carry out duties as defined under section 148 of the Community Charter, or their designate. “Council” means Council of the City of Maple Ridge. “Head” means the City Staff member appointed as the Head of the municipality pursuant to Section 77 of the Act and Section 4(a) of this Bylaw. “FOI Request” means a request for information under Section 5 of the Act. “Records” means “books, documents, maps, drawings, photographs, letters, vouchers, papers and any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means, but does not include a computer program or any other mechanism that produces records. 4. Designation of Head (a) The Corporate Officer is designated as the Head for the purposes of the Act and is bound to uphold the spirit and intent of the Act; (b) The Head may designate any person to assume the Head’s responsibilities in relation to the processing and review of FOI Requests; and (c) For the purposes of the Act, the Head and their designate will act in their respective capacities for all Boards, Commissions and Committees of the City. 5. Powers of the Head (a) Pursuant to Section 66 of the Act, the Head may delegate any of the Head’s duties, powers, or functions under the Act, to any other designated person per the Head’s discretion, except granting that person the power to delegate; and (b) The Head and their designate shall perform their respective roles in accordance with the provisions of the Act. 6. Information Protection (a) The Head and their designate shall protect personal information collected by the City by arranging for reasonable security against risks such as unauthorized access, collection, use, disclosure, or disposal of personal information; and (b) The Head and their designate must refuse to disclose personal information to an Applicant if the disclosure is prohibited or restricted by the Act, or by any other provincial or federal statute. 7. Fees (a) Pursuant to Section 75 [Fees] of the Act, (i) Fees for Applicants will be set by the Head in accordance with the fees set out in Schedule 1 of the Freedom of Information and Protection of Privacy Regulation, B.C. Reg 155/2012; and (ii) Fees for Commercial Applicants will be set at the discretion of the Head and will reflect the actual cost for processing an FOI Request. 8. Inconsistency or Invalidity (a) If any section, subsection, clause, or other part of this Bylaw is for any reason held to be invalid by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Bylaw; and (b) If any section, subsection, clause, or other part of this Bylaw conflicts with, or could be interpreted to conflict with, the Act, then the Act will prevail. 9. Repealed The Maple Ridge Freedom of Information and Protection of Privacy Act Bylaw No. 7415-2017 and all amendments thereto are hereby repealed in their entirety and replaced by the Maple Ridge Freedom of Information and Protection of Privacy Act Bylaw No. 7959-2023. READ a first time the 26th day of September, 2023. READ a second time the 26th day of September, 2023. READ a third time the 26th day of September, 2023. ADOPTED, the ____ day of ____, 2023. _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER TO: FROM: mapleridge.ca His Worship Mayor Dan Ruimy and Members of Council Chief Administrative Officer City of Maple Ridge MEETING DATE: September 12, 2023 FILE NO: 09-3900-02 MEETING: COW SUBJECT: Maple Ridge Freedom of Information and Protection of Privacy Bylaw EXECUTIVE SUMMARY: Section 77 [Power to make bylaws] of the Freedom of Information and Protection of Privacy Act (the "Act"), requires that, by bylaw, a local public body must designate a person or group of persons as the Head of the local public body for the purposes of the Act. The recent structural changes that have led to the division of the Legal Services Department and the Legislative Services Department necessitate an updated bylaw. Bylaw No. 7959-2023 will provide more delegation authority to the Head in accordance with Section 66 of the Act, clarify fees related to access to information requests, and further align the Bylaw with the City's obligations under the Act. RECOMMENDATION: That Maple Ridge Freedom of Information and Protection of Privacy Amending Bylaw No. 7959-2023 be given first, second, and third reading. DISCUSSION: a) Background Context: The Legal and Legislative Services Department recently became two separate departments, the Legal Services Department and Legislative Services Department. Formally changing the Head of FOi function back to the Corporate Officer role brings this Bylaw into alignment with the structural reorganization of the Legislative Services Department. Further updates have also been proposed for this new Bylaw to further align it with the Act. Providing authority for the Head to delegate tasks and responsibilities to other people within the Legislative Services Department is in line with the spirit of Section 66 of the Act and allows for flexibility in case additional staff support is needed for processing FOi requests. The other proposed updates stem from considerations regarding protection of personal information to ensure that the public is aware of the City's obligations in accordance with the Act. This updated section will allow the Head to charge Applicants with the fees that are set out in the Freedom of Information and Protection of Privacy Regulation, and the discretion to charge Commercial Applicants fees that reflect the actual costs of processing access to information requests. Doc # 3443399 Page 1 of 2 b) Citizen/Customer Implications: Should Council approve Bylaw No. 7959-2023, it will provide the Head with greater ability to meet the needs of the public who submit FOi requests and also ensure that the City is meeting its obligations to protect personal information provided by the public. CONCLUSION: Based on the information set out above, it is recommended that Council adopt the proposed amendments to the Maple Ridge Freedom of Information and Protection of Privacy Bylaw. Prepared by: 1;andice Foulkes Concurrence: nte~- Sc~tt Hartman --~ Chief Administrative Officer Attachments: (A) Maple Ridge Freedom of Information and Protection of Privacy Amending Bylaw No.7959-2023 (8) Maple Ridge Freedom of Information and Protection of Privacy Amending Bylaw No.7840-2022 (C) Maple Ridge Freedom of Information and Protection of Privacy Bylaw No.7 415-2017 (Consolidated) Doc # 3443399 · Page 2 of 2 CITY OF MAPLE RIDGE BYLAW NO. 7959-2023 A Bylaw to establish the administration of the Freedom of Information and Protection of Privacy Act at the City of Maple Ridge. WHEREAS, Section 77 of the Freedom of Information and Protection of Privacy Act, Chapter 165 [RSBC 1996] (the "Act") requires that a municipality establish, by bylaw, a person or group of persons as the head of the municipality for the purposes of the Act; AND WHEREAS, Section 77 of the Act permits a municipality to set any fees, by bylaw, that the municipality requires to be paid under Section 75 of the Act; NOW THEREFORE, Council of the City of Maple Ridge enacts as follows: 1. Citation This Bylaw may be cited as "Maple Ridge Freedom of Information and Protection of Privacy Act Bylaw No. 7959-2023". 2. Interpretation For the purposes of this Bylaw: (a) except as otherwise defined in this Bylaw, any words or phrases herein will be construed in accordance with their meanings under the Act or the Interpretation Act, Chapter 1-21, [RSC 1985]. (b) headings are for convenience only and are not to be construed as defining, or in any way limiting, the scope or intent of this Bylaw; (c) any references made to a statute or regulation refers to the most current enactment of that statute or regulation in the Province of British Columbia, as amended or replaced from time to time; (d) any references made to a bylaw refers to the most current enactment of that bylaw at the City, as amended or replaced from time to time. 3. Definitions In th is Bylaw: "Ace means the Freedom of Information and Protection of Privacy Act, RSBC 1996, Chapter 165. "Applicant" means a person who makes a request for access to information under the Act. "Commercial Applicant" means a person who makes a request for access to information for use pertaining to a trade, business, profession, or other venture for profit. "Corporate Officer" means the City Staff member appointed as the Corporate Officer to carry out duties as defined under section 148 of the Community Charter, or their designate. "Council" means Council of the City of Maple Ridge. "Head" means the City Staff member appointed as the Head of the municipality pursuant to Section 77 of the Act and Section 4(a) of this Bylaw. "FOi Request" means a request for information under Section 5 of the Act. "Records" means "books, documents, maps, drawings, photographs, letters, vouchers, papers and any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means, but does not include a computer program or any other mechanism that produces records. 4. Designation of Head (a) The Corporate Officer is designated as the Head for the purposes of the Act and is bound to uphold the spirit and intent of the Act; (b) The Head may designate any person to assume the Head's responsibilities in relation to the processing and review of FOi Requests; and (c) For the purposes of the Act, the Head and their designate will act in their respective capacities for all Boards, Commissions and Committees of the City. 5. Powers of the Head (a) Pursuant to Section 66 of the Act, the Head may delegate any of the Head's duties, powers, or functions under the Act, to any other designated person per the Head's discretion, except granting that person the power to delegate; and (b) The Head and their designate shall perform their respective roles in accordance with the provisions of the Act. 6. Information Protection (a) The Head and their designate shall protect personal information collected by the City by arranging for reasonable security against risks such as unauthorized access, collection, use, disclosure, or disposal of personal information; and (b) The Head and their designate must refuse to disclose personal information to an Applicant if the disclosure is prohibited or restricted by the Act, or by any other provincial or federal statute. 7. Fees (a) Pursuant to Section 75 [Fees] of the Act, (i) Fees for Applicants will be set by the Head in accordance with the fees set out in Schedule 1 of the Freedom of Information and Protection of Privacy Regulation, B.C. Reg 155/2012; and (ii) Fees for Commercial Applicants will be set at the discretion of the Head and will reflect the actual cost for processing an FOi Request. 8. Inconsistency or Invalidity (a) If any section, subsection, clause, or other part of this Bylaw is for any reason held to be invalid by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Bylaw; and (b) If any section, subsection, clause, or other part of this Bylaw conflicts with, or could be interpreted to conflict with, the Act, then the Act will prevail. 9. Repealed The Maple Ridge Freedom of Information and Protection of Privacy Act Bylaw No. 7415-2017 and all amendments thereto are hereby repealed in their entirety and replaced by the Maple Ridge Freedom of Information and Protection of Privacy Act Bylaw No. 7959-2023. READ a first time the day of __ , 2023. READ a second time the __ day of __ , 2023. READ a third time the __ day of __ , 2023. ADOPTED, the __ day of 2023. PRESIDING MEMBER CORPORATE OFFICER CITY OF MAPLE RIDGE BYLAW NO. 7840-2022 A Bylaw to amend Maple Ridge Freedom of Information and Protection of Privacy Bylaw No. 7415-2017 WHEREAS the Council of the City of Maple Ridge deems it expedient to amend Maple Ridge Freedom of Information and Protection of Privacy Bylaw No. 7 415-2017; NOW THEREFORE the Council of the City of Maple Ridge enacts as follows: 1. This Bylaw may be cited as "Maple Ridge Freedom of Information and Protection of Privacy Amending Bylaw No. 7840-2022" 2. Maple Ridge Freedom of Information and Protection of Privacy Bylaw No. 7 415-2017 be amended as follows: (a) That Section 3 "Designated Head and Duty Authorization" be replaced in its entirety with the following: 3.1 The General Counsel/Executive Director of Legal and Legislative Services is designated as the Head for the purposes of Act and is bound to uphold the spirit and intent of the Act. 3.2 In the absence of the General Counsel/Executive Director of Legal and Legislative Services, the Corporate Officer shall act as the Head. 3.3 The Records Management Coordinator is designated as the FOi Coordinator. 3.4 For the purposes of the Act, the Head and the FOi Coordinator shall act in their respective capacities for all Boards, Commissions and Committees of the City. READ a first time the 29th day of March , 2022. READ a second time the 29th day of March, 2022. READ a third time the 29th day of March, 2022. ADOPTED, the 12th day of April, 2022. Jf)J ilk J~~fV CORPORATE OFFICER THE FOLLOWING DOCUMENT HAS BEEN REPRODUCED FOR CONVENIENCE ONLY and is a consolidation of the following: 1. Maple Ridge Freedom of Information and Protection of Privacy Act Bylaw No. 7 415- 2017. 2. Maple Ridge Freedom of Information and Protection of Privacy Act Amending Bylaw No. 7840-2022. Individual copies of any of the above bylaws can be obtained by contacting the Clerk's Department. CITY OF MAPLE RIDGE BYLAW NO. 7 415-2017 A Bylaw for the administration of the Freedom of Information and Protection of Privacy Act WHEREAS, Section 77 the Freedom of Information and Protection of Privacy Act (the Act), Chapter 165 [RSBC 1996], as amended, requires that a municipality by bylaw: (a) must designate a person or group of persons as the head of the municipality for the purposes of the Act; and, (b) may set any fees the municipality requires to be paid for providing the services described in Section 75 of the Act. NOW THEREFORE, the Council of the City of Maple Ridge enacts as follows: 1. Title This Bylaw may be cited as "Maple Ridge Freedom of Information and Protection of Privacy Bylaw No. 7 415-2017 ." 2. Definitions and Interpretation 2.1. The definitions contained in Part I of the Act shall apply to this Bylaw except where the context requires otherwise. 2.2. In th is By-law: 11Act1 means the Freedom of Information and Protection of Privacy Act, RSBC 1996, Chapter 165, as amended. "Applicant" means a person who makes a request for access to a record under the Act. 11Commercial Applicant11 means a person who makes a request for access to a record to obtain information for use in connection with a trade, business, profession or other venture for profit. 11Coordinator11 means the person designated in Section 3(2) of this Bylaw as the Freedom of Information and Privacy Coordinator ("FOi Coordinator"). 11CouncW means the Council of the City of Maple Ridge. -1 Doc #1600525 7840-2022 11Head11 means the person designated under Section 3(1) of this Bylaw as the Head. 11Citi1 means the City of Maple Ridge. 11Request11 means a request under Section 5 of the Act. 11Records II includes book, documents, maps, drawings, photographs, letters, vouchers, papers and any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means, but does not include a computer program or any other mechanism that produces records. 3. Designated Head and Duty Authorization 3.1. The General Counsel/Executive Director of Legal and Legislative Services is designated as the Head for the purpose of Act and is bound to uphold the spirit and intent of the Act. 3.2. In the absence of the General Counsel/Executive Director of Legal and Legislative Services, the Corporate Officer shall act as the Head. 3.3. The Records Management Coordinator is designated as the FOi Coordinator. 3.4. For the purposes of the Act, the Head and the FOi Coordinator shall act in their respective capacities for all Boards, Commissions and Committees of the City. 4. Powers of the Head and FOi Coordinator 4.1. The Head may delegate any of the Head's duties under the Act to the FOi Coordinator. 5. Fees 5.1. Pursuant to Section 75 [Fees] of the Act, an applicant making a request shall pay to the City the fees set out in Section 7 [Fees] of the Freedom of Information and Protection of Privacy Regulation 323/93, as amended, for the following services: (a) locating, retrieving and producing the record; (b) preparing the record for disclosure; (c) shipping and handling the record; and, (d) providing a copy of a record. 6. If any section, subsection, clause or other part of this Bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Bylaw. Doc #1600525 READ a first time the 16th day of October, 2018. READ a second time the 16th day of October, 2018. READ a third time 16th day of October, 2018. ADOPTED the 13th day of November, 2018. -2 - PRESIDING MEMBER CORPORATE OFFICER 3 Doc #1600525 • • • • mapleridge.ca City of Maple Ridge TO: His Worship Mayor Dan Ruimy and Members of Council MEETING DATE: October 3, 2023 FILE NO: 2023-217-RZ FROM: SUBJECT: Chief Administrative Officer MEETING: CoW First, Second, and Third Reading Public Hearing Waiver Procedures Bylaw No. 7954-2023 Criteria for Waiving Public Hearing and Notification Process EXECUTIVE SUMMARY: At the February 28, 2023, Council Workshop, Council received information regarding Provincial Bill 26 and the changes to the Local Government Act and the Community Charter that allow local governments to adopt a bylaw to remove the default requirement for Public Hearing for specific rezoning applications that comply with the Official Community Plan. This legislative change was brought into effect to enable municipalities to streamline and accelerate the development review and approval of new housing supply. A local government, through a bylaw, may create criteria for when select Zone Amending Bylaws do not require Public Hearing by default. The proposed criteria outlined in Public Hearing Waiver Procedures Bylaw No. 7954-2023 provides an overview for when a rezoning application will not require a Public Hearing by default. The criteria for when a Public Hearing is waived by default is largely based off the criteria identified in the February 28, 2023, Council Workshop report. The proposed Public Hearing Waiver Procedures Bylaw No. 7954-2023 also outlines notification requirements for applications that do not require a Public Hearing by default. Should an application meet the proposed criteria and not require a Public Hearing by default, the same notification methods for Public Hearings would be required. Prior to first reading of the bylaw there would be a newspaper ad in the local paper and a mailout to residents within 50m of the application. This permits residents to provide feedback to Council about the proposed development application prior to first reading. Waiving Public Hearing for select development applications enables new applications that are moving through the new streamlined process of a combined first and second reading, to have the opportunity of a further streamlined process. However, the legislation enables Councils to require Public Hearing for any application through the passing of a resolution at the first reading of a bylaw. To help ensure the opportunity of a more streamlined development application process, this report recommends that Public Hearing Waiver Procedures Bylaw No. 7954-2023 be given first, second, and third reading. Any development application that requires an Official Community Plan amendment would not be eligible to have the public hearing waived. RECOMMENDATION: That Public Hearing Waiver Procedures Bylaw No. 7954-2023 be given first, second, and third reading. DOC# 3500665 Page 1 of 6 1.0 BACKGROUND: Provincial Bill 26-2021 Municipal Affairs Statutes Amendment Act (No. 2), 2021, also referred to as "Bill 26" received Royal Assent on November 25, 2021. Bill 26 updated the Community Charter and the Local Government Act (LGA) and now permits a local government to pass a bylaw that automatically waives Public Hearing for select Zone Amending Bylaws without a Council resolution. On February 28, 2023, at Council Workshop, Council was presented with a report that discussed the changes brought forward by Bill 26 and proposed a starting point as to how these changes could be implemented in Maple Ridge. The report proposed the following scenarios for when Public Hearing could be waived as a default: • Within the City's primary growth areas, the following thresholds are proposed: o Any development within the Town Centre Area Plan (TCAP) that complies with the land use designation as Public Hearings within the Town Centre typically receive very little public comment; and o Once adopted, any development within the Lougheed Transit Corridor Area Plan (LTCAP) that complies with the land use designation. • Within Area Plans, other than the TCAP and LTCAP, the following thresholds are proposed: o Townhouse and Apartment developments proposing up to 50 units; o Single Family subdivisions proposing up to 25 lots; and o Infill Housing, such duplex, triplex, and courtyard housing, proposing up to 8 units. • Outside of Area Plans, but within the Urban Area Boundary, the following thresholds are proposed: o Townhouse and Apartment developments proposing up to 25 units; o Single Family subdivisions proposing up to 5 units (not including secondary suites or detached garden suites); and o Infill Housing, such duplex, triplex, and courtyard housing, proposing up to 8 units. • For non-residential land use designations, the following thresholds are proposed: o Any development that proposes an employment use that aligns with the existing commercial or industrial land use designation. o Any development that aligns with the existing institutional land use designation. o Any development that proposes a land use boundary adjustment, limited to the 'conservation' land use, may also be exempt. • Regardless of location, any development application that requires an Official Community Plan amendment would not be eligible to have the Public Hearing waived. • Notwithstanding, the Director of Planning or Council may request a Public Hearing on any application at their discretion. Council would be in receipt of DIM comments to assist with whether or not a Public Hearing would be warranted. 1.3 Municipal Scan Update The February 28, 2023, Council Workshop report provided a select municipal scan of neighbour municipalities that had implemented or were considering implementing new powers enabled by Bill 26. Since then, the following changes have occurred, in the Metro Vancouver region, the City of Surrey has adopted a bylaw to waive Public Hearings for select applications that comply with the Official Community Plan by default. The City of Burnaby is still considering waiving of Public Hearing by default through their Development Approval Review Process (DARP). To date, other municipalities have indicated interest in pursing work related to the Bill 26 Amendments, but do not have publicly available reports. DOC# 3500665 Page 2 of 6 2.0 DISCUSSION: The amendments in Bill 26 allows municipalities to remove the default requirement to hold public hearings for Zone Amending Bylaws that are consistent with the Official Community Plan, providing that notice is given in accordance with the provincial regulation. The provincial legislation has left local governments to determine what Zone Amending Bylaws may be permitted to proceed without a Public Hearing. However, Council still retains the authority to require a Public Hearing for any application. 2. 1 Criteria for Waiving Public Hearing The proposed Public Hearing Waiver Procedures Bylaw No. 7954-2023 (Appendix A) outlines criteria for when a Zone Amending Bylaw may be considered to proceed through the bylaw amendment process without a Public Hearing. The bylaw proposes that a that a Public Hearing is not required for a Zone Amending Bylaw if it is consistent with the Official Community Plan and meets one of the following requirements: 1. The Zone Amending Bylaw applies to lot(s) within the Town Centre Area Plan, 2. The Zone Amending Bylaw applies to lot(s) within an Area Plan, other than the Town Centre Area Plan, and is proposing: a. less than 50 Residential units for Townhouse and Apartment developments; b. less than 25 Residential Units for Single Detached developments (not including secondary suites or detached garden suites); or c. less than 9 Residential units for Duplex, Triplex, Fourplex, and Courtyard developments, 3. The Zone Amending Bylaw applies to lot(s) outside of an Area Plan and is proposing: a. less than 25 Residential units for Townhouse and Apartment developments; b. less than 9 Residential units for Duplex, Triplex, Fourplex, and Courtyard developments; or c. less than 5 Residential units for Single Detached developments (not including secondary suites or detached garden suites), 4. The Zone Amending Bylaw applies to applications seeking a commercial use that aligns with the commercial Official Community Plan land use designation, 5. The Zone Amending Bylaw applies to applications seeking an industrial use that aligns with the industrial Official Community Plan land use designation, 6. The Zone Amending Bylaw applies to applications seeking an institutional use that aligns the institutional Official Community Plan land use designation, 7. The Zone Amending Bylaw applies to lot(s) that require a boundary adjustment, limited to the 'conservation' land use, or 8. is consistent with the existing zoning and lot pattern in the immediately surrounding neighbourhood to the satisfaction of the Director of Planning, or their delegate. Should a Zone Amending Bylaw not meet the criteria outlined in the proposed bylaw, the application would be required to move forward to Public Hearing which would be noted in the staff report. DOC# 3500665 Page 3 of 6 2. 2 Waived Public Hearing Process Should Council adopt the proposed Public Hearing Waiver Procedures Bylaw No. 7954-2023 (Appendix A), Figure 1 outlines what the process would look like should a Zone Amending Bylaw not require a Public Hearing by default. An enlarged version of Figure 1 can be found in Appendix B .. Figure 1: Proposed Waived Public Hearing Process Rezoning Application Received Development ♦ Information Sign Installed . pt & 2nd Reading ~ Not_ice ?1 -► for Council Appl1catmn Consideration l Hearing ► 3rd Reading for Council Consideration i Public .------►-Hearing Held Final Reading for + Council Consideration Under the proposed new process, when a rezoning application has been received, and is deemed to be a complete submission, a Development Information Sign will be installed on the applicable properties in order to inform the public of the general nature of the application. Once the details of the development application are close to being finalized, the applicant is required to notify residents and hold a Development Information Meeting (DIM) in order to gather feedback from residents on the proposed application. The applicant is responsible for advertising the DIM by mailing residents and property owners within 100m of the development site. With the select applications that meet the criteria for Public Hearing to be waived, the City would post information about the development application on a Planning Webpage for residents to view. This web page will have general information and link to the staff report when it becomes available. Prior to first and second reading, the City will follow the same notification process as the Public Hearing process to inform residents about the proposed development. The notice would be in the local newspaper and a letter would be mailed to residents within 50 metres of the properties subject to the application. The letter would provides the following details: • general terms of the rezoning; • the location of the rezoning; • the date of the first reading of the bylaw; • where one can view the zone amending bylaw; and • how feedback can be provided to Council. When a development application comes before Council for first reading, or the combined first and second reading, no action from Council is required to waive Public Hearing for an application that meets the criteria proposed under the proposed Public Hearing Bylaw. However, Council may choose to require Public Hearing, for any application, by passing a motion that the Zone Amending Bylaw be forwarded to Public Hearing when being considered for first, second or the combined first and second reading. Should a Public Hearing be requested by Council, the same Public Hearing notification process would take place, which includes an ad in the newspaper and letter mailed to residents within 50m of the proposed development. DOC# 3500665 Page 4 of 6 Improvements to Notification To help improve and streamline communication with Maple Ridge residents, staff are proposing to update and refresh the local newspaper advertisements and letter to residents. Additionally, a new accessible webpage will also be created on the Planning webpage to help residents find accurate and up-to-date information about in-stream development applications, including links to all associated reports for the application. The newspaper advertisement and letter mailed to residents would direct residents to this new webpage. 3.0 TIMELINES & NEXT STEPS Should Council move forward with the proposed Public Hearing Waiver Procedures Bylaw No. 7954-2023, the bylaw could receive first, second, and third Reading at the next Regular Council meeting. Should three readings of the bylaw be granted, staff will update the bylaw to reflect Council's comments and bring forward the bylaw for final reading. A Public Hearing is not required as the bylaw is not amending the Zoning Bylaw. Figure 2: Bylaw Adoption Process l ;Workshop 1st, 2nd & 3rd Reading Final Reading Feb 28, 2023 J The proposed bylaw adoption process as outlined in Figure 2 above suggests that the bylaw could be adopted and in effect before the end of the year. Should the Public Hearing Waiver Procedures Bylaw No. 7954-2023 be adopted, the new process would apply to applications that have not received first reading. Applications that have no received first reading, would follow the current process and require Public Hearing by default. Additionally, should the subject bylaw be adopted, staff would bring forward a report to Council after one year of adoption, or at the request of Council, to provide the opportunity to make changes to the bylaw. 4.0 ALTERNATIVE RECOMMENDATION: An alternative recommendation has been provided to pause this work until other changes recommended by the Development Services Review have been implemented. This allows applicants and residents time to adjust to the new processes. An alternative recommendation below has been provided offering the work to come back at a later date at the CAO's discretion. That Public Hearing Waiver Procedures Bylaw No. 7954-2023 be brought forward for Council consideration at a later date, the time of which is to be determined at the discretion of the CAO. Should Council pass the alternative recommendation, Council would retain their existing authority to waive Public Hearing for any application that aligns with the City's Official Community Plan on a case-by-case basis. DOC# 3500665 Page 5 of 6 5.0 STRATEGIC ALIGNMENT Waiving Public Hearing on development applications that align with the OCP aligns with two of the five pillars of the 2023-2026 City of Maple Ridge Strategic Plan. • The proposed bylaw aligns with the "Liveable Community" pillar as the bylaw will streamline and accelerate the development review in order to approve new housing supply quicker. • The proposed bylaw also aligns with the "Governance & Corporate Excellence" pillar as the bylaw will assist in delivering exceptional customer experience across City's development services. CONCLUSION: Provincial "Bill 26" received Royal Assent on November 25, 2021, and now allows a local government to create a criteria for when select Zone Amending Bylaw would not require a Public Hearing by default. However, should Council pass a bylaw to waive select Zone Amending Bylaws by default, Council may still choose to require Public Hearing by passing a motion that the Zone Amending Bylaw be forward to Public Hearing. This legislative change was brought into effect to enable municipalities to streamline and accelerate the development review and approval of new housing supply. At the February 28, 2023, Council Workshop meeting, Council directed staff to bring forward a bylaw that permits rezoning applications that are consistent with the Official Community Plan to proceed without a Public Hearing, providing appropriate public notice has been made. The proposed criteria outlined in Public Hearing Waiver Procedures Bylaw No. 7954-2023 for when a rezoning application will not require a Public Hearing by default is largely based off the criteria identified in the February 28, 2023, Council Workshop report. The proposed Public Hearing Waiver Procedures Bylaw No. 7954-2023 also outlines notification requirements for applications that do not require a Public Hearing by default. Should an application meet the proposed criteria and not require a Public Hearing by default, the same notification methods for Public Hearings would be required. Prior to first reading of the bylaw, there would be a newspaper ad in the local paper and a mailout to residents within 50m of the application. This permits residents to provide feedback to Council about the proposed development application prior to first reading. "Original Signed by Krista Gowan" Prepared by: Krista Gowan, MA Planner 2 "Original Signed by Marlene Best" Reviewed by: Marlene Best, RPP, MBA Interim Director of Planning "Original Signed by Scott Hartman" Concurrence: Scott Hartman Chief Administrative Officer The following appendices are attached hereto: Appendix A-Public Hearing Waiver Procedures Bylaw No. 7954-2023 Appendix B -Waived Public Hearing Process Graphic DOC# 3500665 Page 6 of 6 CITY OF MAPLE RIDGE BYLAW NO. 7954-2023 APPENDIX A A Bylaw to establish the City's criteria and process for waiving Public Hearing under the Local Government Act WHEREAS the City of Maple Ridge is required to provide notice of a public hearing pursuant to the Local Government Act, as amended from time to time; WHEREAS the section 498.1 of the Local Government Act authorizes a municipal council to delegate parts of its powers, duties and functions, including those specifically established by an enactment, to its officers and employees; AND WHEREAS the City of Maple Ridge is required to provide notice to the public when public hearing is waived pursuant to the Local Government Act, as amended from time to time; NOW THEREFORE, the Council of the City of Maple Ridge enacts as follows: 1. Citation This Bylaw may be cited as "Public Hearing Waiver Procedures Bylaw No. 7954-2023". 2. Definitions In this Bylaw: "Applicant" means the Owner or the Owner's Agent submitting an Application; "Application" means a written request by an Applicant under the current Development Procedures Bylaw, as amended from time to time; "Council" means the Council of the City of Maple Ridge; "Official Community Plan" means the current City of Maple Ridge Official Community Plan Bylaw, as amended from time to time; "Zoning Bylaw" means the current City of Maple Ridge Zoning Bylaw as amended from time to time. 3. Criteria for Waiving Public Hearing A Public Hearing is not required for a Zoning Bylaw amending application if it is consistent with the Official Community Plan and meets one of the following requirements: (a) within the Town Centre Area Plan, (b) within an Area Plan, other than the Town Centre Area Plan, and is proposing: i. less than 50 Residential units for Townhouse and Apartment developments; ii. less than 25 Residential Units for Single Detached developments (not including secondary suites or detached garden suites); or iii. less than 9 Residential units for Duplex, Triplex, Fourplex, and Courtyard developments, (c) outside of an Area Plan and is proposing: i. less than 25 Residential units for Townhouse and Apartment developments; ii. less than 9 Residential units for Duplex, Triplex, Fourplex, and Courtyard developments; or iii. less than 5 Residential units for Single Detached developments (not including secondary suites or detached garden suites), (d) a commercial use that aligns with the commercial Official Community Plan land use designation, (e) an industrial use that aligns with the industrial Official Community Plan land use designation, (f) an institutional use that aligns with the institutional Official Community Plan use designation, (g) a boundary adjustment, limited to the 'conservation' land use, or (h) is consistent with the existing zoning and lot pattern in the immediately surrounding neighbourhood to the satisfaction of the Director of Planning, or their delegate. 4. Notice Requirement for Waiving Public Hearing If a Public Hearing for a Zoning Bylaw is waived in accordance with Section 3 of this Bylaw: (a) notice of waiving Public Hearing must be provided pursuant to Section 94 of the Community Charter; and (b) a copy of every notice required to be published pursuant to the Local Government Act will be mailed by the City Clerk at least ten (10) days before the date of the first reading of the proposed zoning bylaw to the owners and occupiers of all real property that are one hundred (50) metres or within three lots in all directions, whichever is greater, from all boundaries of the area that is subject to the zoning bylaw. 5. Recommendation for Public Hearing Notwithstanding Section 3 of this Bylaw, nothing precludes the Director of Planning, or their delegate, from recommending Council hold a Public Hearing on any application. 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Co u n c i l I~ I TO: mapleridge.ca City of Maple Ridge His Worship Mayor Dan Ruimy and Members of Council MEETING DATE: FILE NO: FROM: Chief Administrative Officer MEETING: October 3, 2023 2022-292-RZ cow SUBJECT: Second Reading Zone Amending Bylaw No. 7882-2022 12040 248 Street EXECUTIVE SUMMARY: An application has been received to rezone the subject property located at 12040 248 Street from CS-1 (Service Commercial) to C-2 (Community Commercial), to permit the future construction of a two- storey, mixed-use building comprised of four commercial ground-floor units (totaling approximately 372.45 m2 (4,009.02 ft2) and one upper-level residential unit (approximately 97 .27 m2 (1,047.01 ft2). This application is in compliance with the Official Community Plan (OCP). Pursuant to Council Policy 6.31, this application is subject to the Community Amenity Contribution (CAC) Program at a rate of $5,600 per apartment dwelling unit for an estimated total amount of $5,600.00 or such rate applicable at third reading of this application. RECOMMENDATIONS: 1. That Zone Amending Bylaw No. 7882-2022 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 deposit of a security, as outlined in the Agreement; ii) Road dedication on Smith Avenue as required; 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 Stormwater Management; v) In addition to the Ministry of Environment Site Disclosure Statement, 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. vi) That a voluntary contribution, in the amount of $5,600.00 ($5,600.00/unit), or such rate applicable at third reading of this application, be provided in keeping with the Council Policy 6.31 with regard to Community Amenity Contributions. 2022-292-RZ Page 1 of 5 DISCUSSION: 1. Background Context: Applicant: Legal Description: Zoning: Existing: Proposed: Area Plan: OCP Major Corridor: OCP: Existing: Proposed: Surrounding Uses: North: South: East: West: Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing Requirement: Flood Plain: Fraser Sewer Area: 2. Background: 0981077 BC Limited Lot 23 Section 23 Township 12 New Westminster District Plan 15267 CS-1 (Service Commercial) C-2 (Community Commercial) N/A Yes Commerical Commercial Use: Zone: Designation: Use: Zone: Designation: Use: Zone: Designation: Use: Zone: Designation: Residential RS-1 (Single Detached Residential) Estate Suburban Residential Commercial Multi-Use C-2 (Community Commercial) Commercial Residential RS-1 (Single Detached Residential) Eestate Suburuban Residential School P-1 (Park and School) Institutional Commercial CommericaljResidnetial Mixed-Use 0.183 ha ( 0.45 acres) 248 Street and Smith Avenue Urban Standard No Yes The current application is proposing to rezone the subject property, located at 12040 248 Street, from CS-1 (Service Commercial) to C-2 (Community Commercial) to permit the construction of four commercial ground units, and an additional second floor residential unit. This proposal aligns with the first phase of this project located at 12038 248 Street. At the time of application, it was the applicant's intention to assess the needs of the surrounding area and develop the northern lot (12040 248 Street) based on those needs. The 0CP amendment that was done to the 2022-292-RZ Page 2 of 5 proposed Village Commercial node included both the northern and southern properties at the time that it was completed. 3. Project Description: The development proposal is for the rezoning and subsequent development of the lot into a mixed-use commercial and residential building, with four commercial units and one residential unit above (see Appendices A and B). There is a parking lot proposed to be located behind and beside the building, to the south and east. A preliminary review indicates the proposal complies with the density and other regulations of the C-2 (Community Commercial) zone. A Development Variance Permit will be required for the north side of the project, for an Exterior Side Lot Line setback reduction. 4. Planning Analysis: i) Official Community Plan: The development site is located at the intersection of 248 Street and Smith Avenue, and is outside of the Urban Area Boundary identified on Schedule "B" of the Official Community Plan. The site is currently designated Commercial, and is a Village Commercial Node. The Village Commercial Node is within the Fraser Sewer Area and is intended to serve a variety of daily convenience and commercial shopping needs within close proximity to established neighborhoods. The Commercial OCP designation supports the proposed development under the C-2 (Community Commercial) zone. ii) Zoning Bylaw: The current application proposes to rezone the property from CS-1 (Service Commercial) to C-2 (Community Commercial) (see Appendix B) to permit the devleopment of a mixed-use, four unit commercial and one unit residential building (see Appendix D). The minimum lot size for the current CS-1 (Service Commercial) zone is 929.0m2, and the minimum lot size for the proposed C-2 (Community Commercial) zone is 2,500.0m2• There is no density applicable for the C-2 (Community Commercial) zone within Zoning Bylaw No. 7600-2019. The proposed lot size after road dedication for this site is approximately 1, 701.61m2• Any variations from the requirements of the proposed zone will require a Development Variance Permit application. A Development Variance Permit will be required for the north side of the project, for an Exterior Side Lot Line setback reduction. iii) Off-Street Parking and Loading Bylaw: As per Maple Ridge Off Street Parking and Loading Bylaw 4350-1990, this development will be required to meet a minimum of 14 parking spaces for the Commercial use, and two parking spaces for residential use. The applicant has proposed to exceed this number, providing a total of 20 parking spaces. Two of the spaces will be EV capable, one will be accessible, and two will be for small cars. This exceeds the base requirements of the parking bylaw. iv) Proposed Variances: A Development Variance Permit application has been received for this project and involves the following relaxations (see Appendix D): Maple Ridge Zoning Bylaw No. 7600-2019 1) 702. 7.d Exterior side lot line setback reduction from 3.0 meters to 1.5 meters. 2022-292-RZ Page 3 of 5 The requested variances to C-2 (Community Commercial) zone will be the subject of a future Council report. The requested variance is minor in nature and will not negatively impact the surrounding area. v) Development Permits: Pursuant to Section 8.5 of the OCP, a Commercial Development Permit application is required to address the current proposal's compatibility with adjacent development, and to enhance the unique character of the community. vi) Advisory Design Panel: The application was reviewed by the Advisory Design Panel at the July 19, 2023 meeting. A detailed description of the project's form and character will be included in a future Development Permit report to Council. vii) Development Information Meeting: A Development Information Meeting hosted by the applicant was held at Websters Corner School on August 30, 2023. One person attended the meeting. The notification requirements for the Development Information Meeting include a mail-out, newspaper advertisements, and notice on the development signs that provides the contact information for the developer and information on the development. A summary of the main comments and discussions with the attendees at the Development Information Meeting was provided by the applicant and include the following main points: • Great to see form and character being carried over from the first phase of development • Positive reception to the development as a whole There were no negative comments from the public at this meeting. 5. Environmental Implications: At least seven trees must be planted on site to meet City tree canopy standards. These should be included in the landscaping plan and if there is not space for seven trees in the landscaping then cash- in-lieu at a rate of $600.00 per tree will be made by the developer. Stormwater management plans will need to prove out all tiers and be coordinated with landscaping and other plans. 6. i) Interdepartmental Implications: Engineering Department: The Engineering Department has indicated that the following servicing upgrades will be required through the Rezoning Servicing Agreement: • Road dedication as required to meet the design criteria of the Subdivision and Development Bylaw No. 4800-1993. 2022-292-RZ Page 4 of 5 • Utility servicing as required to meet the design criteria of the Subdivision and Development Bylaw No. 4800-1993. • Frontage upgrades to the applicable road standard. ii) Fire Department: There were no issues present from a Fire Department perspective for this project. It is noted that a public fire hydrant will need to be installed in close proximity to the entrance to the development on Smith Avenue. CONCLUSION: It is recommended that second reading be given to Zone Amending Bylaw No. 7882-2022 and that application 2022-292-RZ be forwarded to Public Hearing. "Original Signed by Mark McMullen" for Prepared by: Annie Slater-Kinghorn, BA Planning Technician "Original Signed by Scott Hartman" Concurrence: Scott Hartman Chief Administrative Officer The following appendices are attached hereto: Appendix A -Subject Map Appendix B -Ortho Map Appendix C -Zone Amending Bylaw No. 7882-2022 Appendix D -Site Plan Appendix E -Landscape Plan Appendix F -ADP Design Comments 2022-292-RZ "Original Signed by Marlene Best" Approved by: Marlene Best, RPP, MBA Interim Director of Planning Page 5 of 5 (f ) z} : : > I (' ) G. -- - - - - :) Q,) co ~ i\ J CJ l 0 0 I I I 24 7 5 0 I I I r I \ I I CD I I (C I CD 0 (/ ) :: : s :: l Q. ... . . . . .. . . . . . C. -. CD (') CD I II I I I I I I =: ! : ' ! :: : : y 0) 24 7 9 6 I :: l 0 3 ;: : : : : ; : CD CD :: l ... . 0 ... . . . . <o <o <o <o (C <o -. 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"' 1, . ; ~ : . : : : . . . - - _ _ _ ; t - - - - , · ~ ~ 24 8 9 8 I ~ I 24 8 9 7 24 9 1 0 11 cn l1- - - - - - , - - ~ m ~ 24 9 0 2 124 9 0 9 I I -i I I 24 9 1 ' lj ~ I 24 9 0 7 24 9 1 2 24 8 6 0 LI L L I A NS T - - r- - - - - 1 : I 24 8 6 3 I ,I 24 8 7 7 24 9 1 5 I I 24 9 4 7 • ~ ~ ~m ~ ~ 24 9 2 5 24 9 3 2 24 9 3 1 )> "" ' C "" ' C rr , z 0 >< )> Scale: 1 :2 ,500 APPENDIX B 12040 248 STREET PIO 001-926-802 PLANNING DEPARTMENT mapleridge.ca FILE: 2022-292-RZ DATE: Aug 29, 2022 BY:AH CITY OF MAPLE RIDGE BYLAW NO. 7882-2022 A Bylaw to amend Schedule 'A' Zoning Map forming part of Zoning Bylaw No. 7600-2019 as amended APPENDIXC WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 7600-2019 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. 7882-2022". 2. That parcel or tract of land and premises known and described as: Lot 23 Section 23 Township 12 New Westminster District Plan 15267 and outlined in heavy black line on Map No. 1985, a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to C-2 (Community Commercial). 3. Maple Ridge Zoning Bylaw No. 7600-2019 as amended and Map 'A' attached thereto are hereby amended accordingly. READ a first time the 11th day of October, 2022. READ a second time the PUBLIC HEARING held the READ a third time the ADOPTED the day of PRESIDING MEMBER day of day of day of , 20 ,20 ,20 , 20 CORPORATE OFFICER / ~ <o <o ~ ig ~ (\j (\') co co co co C\I ~ co ~ ~ ~ ~ '" 30 ~ (\j (\j 0 (\j -~ '" '" 'I""" 20 19 18 17 16 n.15 14 13 12 11 10 ~ Q. APPENDIXC -IC t--= p 1'i 924 F 1792~ (J) 12104 co ~ LMP8-' 27 I'-- 50 I'--C\I co ~5 4 'o:::t !)! co 12098 ?. 0 <:;j'o'l., Q. 'I""" 6 ~~ ~ 3 49 ,s-,._,v ~ Q. ..J 12082 12076 12071 --I 48 ~so: LMP 8428 I'--7 ~ 12068 12072 r"\.I 12-061 IS',:>-2 'o:::t ~ I'--co 47 co 9 C\I Q. 12062 LO ~ 8 ..J Q. ~ 46 IO IO 10 (\') <o co co ~ ~ ~ (\j (\j 0 0 IO ~ co co ~ ~ (\j (\j 2_3_ -24 25 -_ ~P.867721 12040 r ,EPP 6772 15267 I i ...... 1 P 15 267 12038 I~ EPRt--~9223 Rem (EPS,p136) 21 20 r--.. .... 0) 1w ~ IO ~ co I \ ~ ~ (\j (\j ~ ' (\j ,- 0 <o N 120' ~ (\j ~ 0) (\') IO r--.. co co ~ ~ of 1 ~ LO ~ (\j (\j 0 (\j P 6316 4 5 'o:::t ;:: 35 P 237 60 Q. 11981 1 ---~ --RW22043 ----- EP 714( 6 3 11961 t--= P 29467 2 (J) 11966 28 I 29 I co p 'V 11953 N 30 17 -~ MAPLE RIDGE ZONE AMENDING Bylaw No. Map No. From: To: MAPLE RIDGE Britis h Columbia 7882-2022 1985 CS-1 (Service Commercial) C-2 (Community Commercial) 140 31 32 1 f::: co ~ " (\j 0 0 <o r--.. co co ~ ~ (\j (\j 26 27 19 18 IO (\') <o r--.. co co ~ ~ (\j ~\ -I 3 ~\ 77. ~\ .9'17 7 u> 2 7.9 ..?7 ---~ 1 11919 33 34 i~ '\ 4 II'. I'--'o:::t co 'q" 12078 ~ C\I ~ LO a. 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MA P L E RID G E , BC GR O S S FL O O R AR E A : LE VEL 1 (O F F I C E , RE T A I L ) = 42 0 9 .38 SF (3 9 1 . 0 6 m2) LE G A L DE S C R I P T I O N : LT 23 ; SE C 23 ; 1W P 12; NW D ; PL NW P 1 5 2 6 7 LE VE L 2 (R E S I D E N T I A L ) = 11 2 8 .3 2 SF (1 0 4 . 8 2 m2) ZO N I N G : EX I S T I N G : CS - 1 PA R KIN G RE Q U I R E D : 1 SP AC E/3 0 m2 OF RE T A I L / O F F I C E PR O P O S E D : C-2 2 SP A C E S / R E S I D E N T I A L UN I T LO T SIZ E : 18 3 1 6 . 4 4 SF (1 7 0 1 . 6 5 m2) 0.4 2 A C R E S CO MBIN E D LO T SIZ E : > 25 0 0 m2 BU I L D I N G CL A S S I F I C A T I O N : MIX E D US E GR O U P C, D, & E, 2 ST O R E Y FA C I N G 2 ST R E E T S BU I L D I N G AR E A = 53 3 7 . 7 SF (4 9 5 . 8 9 m2) SP R I N K L E R LOT CO V E R A G E : YE S , TH R O U G H O U T 70 %A LL O W E D 22 .98 % PR O P O S E D BU I L D I N G HE I G H T : 10 m AL L O W E D 8.0 2 m PR O P O S E D SE T B AC K RE Q U I R E M E N T S : REQ U I R E D PR O V I D E D FR O N T : 3m 3.0 4 m RE AR : Gm 19 .9 8 m IN T E R IO R SID E : Om 14 .4 1 m EXT ER I O R SID E : 3m 1.5m (V A R I A N C E ) 39 1 . 0 6 m2 / 30 m2 = 13 . 0 SP A C E S 1 RE S I D E N T I A L SU I T E = 2 SP A C E S TO T AL RE Q U I R E D = 15 SP ACE S 10 % OF 15 = 1. 5 = 2 SM A LL CA R SP A C E S ALL O W E D PA R K I N G PR O V I D E D : TO T AL SP A C E S PR O V I D E D = 20 RE G U l A R =12 RE S I D E N T / A L = 2 AC C E S S I B L E = l SM A L L CA R = 2 /P L U S 5 EX T R A AS OV E R F L O W ) EV =2 DR A W I N G LIS T GA R I B A L D I CR O S S I N G PH A S E 2 ~ Site Lin e s Arc h ite c t u r e #2 0 0 -23 1 6 0 96 Av e Fo n La n gle y , B.C . Ca nada, VlM 2R 6 Ph: 60 4 - 8 8 1 - 7 1 7 3 Co n t a c t : G o r d Kla s s e n SM I T H ST R E E T LA N D S C A P E Ro r y Da f o e la n d s c a p e Arch i t e c t 11 2 7 8 Elt h a m St r e e t Ma ple Ridg e , B.C . Ca n a d a , V2X 1P 3 Ph : 60 4 - 4 6 0 - 0 6 0 6 Co n t a c t : Ro r y Da f o e ,~-l. ~ -. . C )f 9 ~- , ? ~ h - '""-'0 ,_ , "i ( , . . _ ~ ~ ,r -- -~-;;""',~ ., : , : :C -~J ~ ~ CIV I L D. K. Bo w i n s & As s o c . 985 5 E m i r y S t r ee t Mis s i o n, B.C. Ca n a d a , V4 S 1A 6 Ph : 60 4 - 8 2 6 - 4 3 9 9 Co n t a c t : Do n Bo w i n s, P. En g . '· (_, 't - ; ~t ··•11 _ •,;; ~ • ~ \ 5•· r : =" = '~"'" Ill il r :: ; : Ir : : ~ == = . "i= . = ,.I . ~ . ~ ~· -· PR O P O S E D BU I L D I N G 77 ( ''" o ' o " o l ) ( \. , . , , . 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'" " "" ... -- -~-ooe ' : . 0.- iR EE PLA N11 "1 G DETAIL TR L E ?<.A~Ttl ~G DET ,'..l!.. 8 :, = , ~ ~:! :us 1-~ :s o u Mln!mu m Tm Pla n t l nc Oo■ra n c e s fo r Maple Ridge Stree t Tr1 u (otf .. lte) Trec s .sn o o l d O O pt:mtod am lnim u m d is ta n c e of: • 6.0 mo tr es t,om lu m p ,m nct ot t b 3.0 m e tr lii: S ffom utmty po l e s 2.0 metr ~ fro m sld e w o f k cro s s ings , ea t.Ch ba sin s , ll)' d ron 11 1.2 metr es 1ro m Y O t ¥ e b o l . ,,. rvi cos ,1nanh O l e s • 1.5 me tt os rro m sow , , e , r s a r v l c e s 7.5 m t : t r o s r1o m ~treetCC l ' n f l r s • 2.0 met r e s lloni bu tldln ~ tor co l u m n o r tr f f f o 3.0- 5.0mt1 tre stro m bU l l r l ln«ror1 pma d l n g t n e s Tree s ma y be oklc o d ob o Y e o ut1 tlty DfO V l d e d tne uUlr r y Ms a min imu m 0.9 m c:o v e r. GA R I B A L D I CR O S S I N G PH 2 FO R : GA R I B A L D I JO I N T VE N T U R E 12038 248 Str ee t, Ma ple Rid g e, B.C. LA N D S C A P E IL L U S T R A T I O N S SP E C I F I C A T I O N S DE T A I L S DR A W N R.D. CH E C K E D R.D. SC A L E : as no t e d DA T E : JA N . 19 1 2 3 DR W G . L. 2 of DEVELOPMENT INFORMATION MEETING Garibaldi Crossing Phase 2 Comment Sheet -CL\~ W 'SQo Mo cai(a.,uc SI,. ~ g ,., bQ 15 C ~·1sd mDK ~ (p'c@s.e ~ APPENDIX F • I cis 9f= :M'\Pt~ ± (pd r o Je { GOdswpl (5 <? GvJhl,t OMJ'f'.' Wilb ~Q,bJdwlra( an :kp • G?w, Do,\--,-0 SQ::> " Son icQ.. (2<Dl,JlciOJ:S wuan S~CQ, U-)l¼cu± Q b.uge l m fd: +e "Please note that all comment and attendance sheets produced as a results of this Development Information Meeting wiH be provided to the City of Maple Ridge and form part of the public record that is available for viewing by the public·upon request." -~---~ City of Maple Ridge TO: FROM: mapleridge.ca His Worship Mayor Dan Ruimy and Members of Council Chief Administrative Officer MEETING DATE: October 3, 2023 FILE NO: 09-4560-20 MEETING: CoW SUBJECT: Ridge Brewing Company Ltd. -Change of Hours of Liquor Service EXECUTIVE SUMMARY: The Liquor and Cannabis Regulation Branch (LCRB) received an amendment application from Ridge Brewing Company Ltd. located at #2 -22826 Dewdney Trunk Road to change the hours of service outside the hours currently approved for the Lounge Area. One of the considerations utilized by the LCRB in reviewing an endorsement application to a licence is a resolution from the local government. A number of regulatory criteria must be addressed in the Council resolution as well as comments pertaining to the views expressed by area residents. Council may choose to support the application, not support the application or indicate they do not wish to comment. RECOMMENDATION(S): 1. That the application for a change to hours of liquor service, as an amendment to their manufacturing license, by Ridge Brewing Company Ltd. located at #2 -22826 Dewdney Trunk Road, Maple Ridge be supported based on the information contained in the Council report dated October 3, 2023. 2. That a copy of the resolution be forwarded to the Liquor and Cannabis Regulation Branch in accordance with the legislative requirements. DISCUSSION: a) Background Context: The current owner of Ridge Brewing Company Ltd. through the Liquor and Cannabis Regulation Branch (LCRB) submitted an application for a change to hours of liquor service in the approved lounge area as an amendment to their manufacture licence. The LCRB guidelines request a specific Council resolution commenting on the application in terms of community impacts which may occur as a result of the proposed change to the establishment operations as a result to the proposed change to the licensed brewery license at this particular location. Part of the process requires Council to gather views of the residents who may be affected by the establishment of the liquor primary license in their neighbourhood. Under the current terms and conditions, alcohol sales are permitted Monday to Thursday from 11:00 am to 9:00 pm; Friday and Saturday from 11:00 am to 10:00 pm and Sunday from 11:00 am to 6:00 pm. The proposed hours of liquor sales are Monday to Sunday from 11:00 am to 10:00 pm. Page 1 of 2 In following the public input requirement, the City mailed approximately 480 letters to owners and occupants of property within 200 metres of the subject site with the vast majority of the recipients being Maple Ridge residents and the rest of the property owners showing as registered companies. Of the 480 letters sent to surrounding property owners and occupants there were 3 responses all in support of the proposed application. The Maple Ridge RCMP Detachment was asked for their input on this matter and they have confirmed they do not have any operational issues with this application. The three closest liquor primary licensed premises to the subject property are: • Witchcraft Pub -22648 Dewdney Trunk Road • Maple Meadows Brewing -22775 Dewdney Trunk Road • Chances Maple Ridge -22710 Lougheed Highway b) Intergovernmental Issues: Both local government and the provincial government have an interest in ensuring that liquor regulations are followed and that licensed establishments listen to the needs of the community. c) Citizen/Customer Implications: The review of this application has taken into consideration the potential for concerns from surrounding properties in terms of parking, traffic and noise generation as well as the proximity of schools and similar establishments. d) Interdepartmental Implications: The Bylaw, Licensing & Community Safety Department has coordinated in the review process and solicited input from the public, other municipal departments as well as the RCMP. e) Alternatives: To not approve the application and provide conditions to the approval in the form or recommendations to forward to the LCRB. CONCLUSIONS: That Council pass the necessary resolution supporting the application from Ridge Brewing Company Ltd. based upon the staff findings set out in this report. Prepared by: Michelle Adams Director, Bylaw, Licensing & Community Safety Concurrence: Scott Hartman Chief Administrative Officer Page 2 of 2 ---------City of Maple Ridge TO: FROM: mapleridge.ca His Worship Mayor Dan Ruimy and Members of Council Chief Administrative Officer MEETING DATE: October 3, 2023 FILE NO: 09-3900-03 MEETING: CoW SUBJECT: Maple Ridge Bylaw No. 7972-2023: Driveway Access License Agreement for 9878 285 Street EXECUTIVE SUMMARY: The purpose of this repot is to request Council authorization to enter into a non-exclusive license agreement with the Property Owner of 9878 285 Street, to permit property access through an unimproved unopened road right-of-way established at the rear of the property. Current access to the subject property is provided through an easement across a neighbouring lot; however, given topography constraints to accessing the buildable area of the lot, the Property Owner is requesting alternative access be considered. Staff are supportive of this request and have prepared a license agreement (Schedule A) within Bylaw No. 7972-2023, which the Owner is amenable to for Council's consideration. RECOMMENDATION: That Bylaw 7972-2023, a Bylaw to enter into an Access Driveway License Agreement over unopened road allowance beyond the western end cul-de-sac of 98 Avenue, the eastern end of Bell Avenue, to property located at 9878 285 Street, be given first, second and third reading. DISCUSSION: a) Background Context: The purpose of this report is to request Council authorization to enter into a non-exclusive license agreement with the property owners of 9878 285 Street to permit property access through an unimproved unopened road right-of-way established at the rear of the property. Current access to the subject property is provided through an easement (Attachment B) across a neighbouring lot; however, given topography challenges for accessing the buildable area of the lot, the Property Owner is requesting alternative access be considered. Staff are supportive of this request and have prepared a license agreement (Schedule A) within Bylaw No. 7972-2023, which the Property Owner is amenable to for Council's review. The agreement is non-exclusive and provides provision for neighbours to enter into similar agreements with the City in the future as required. Doc#3541731 Page 1 of 2 Further, at a high level, the agreement requires the Licensee to: • Commission a geotechnical report of the proposed work to the satisfaction of the City • Meet minimum construction standards • Obtain applicable permits (including municipal, provincial and federal) • Maintain the driveway in a safe, good and proper repair and condition • Prohibit storage within the License Area • Prohibit the installation of a gate b) Strategic Alignment: This aligns with Council 's strategic priorities of Livable Community and Governance & Corporate Excellence. c) Business Plan/Financial Implications: The license contains language requiring an annual fee of $200 to cover City costs for yearly administration of the agreement. In addition, the License requires the following securities: • For planning and engineering expenses and disbursements in connection with this Agreement, a deposit of $1,000.00; and • For the estimated expenses of removing the driveway in the Licensed Area, a security in the amount of $5,000.00. d) Alternatives: Should Council decide not to grant a license agreement under Bylaw No. 7972-2023, it may be cost prohibitive for the Property Owner to access the buildable area of the lot; potentially rendering the lot undevelopable under existing market conditions. CONCLUSION: Given topographical constraints, 9878 285 Street is difficult to access from 285 Street through an existing easement. Staff are supportive of providing access through an unimproved unopened road right-of-way established at the rear of the property and have prepared a License Agreement within Bylaw No. 7972-023 as Schedule A for Council's adoption. Forrest Smith, P.Eng. J;/iJt 1;;;;:gWb1v Reviewed by: PatrickHlavac-Winsor, JD, MBA General Counsel ~-, Concurrence: Scott Hartman Chief Administrative Officer Attachments: (A) Bylaw No. 7972-2023 (B) Existing Easement Map Doc#3541731 Page 2 of 2 THE CORPORATION OF THE CITY OF MAPLE RIDGE BYLAW NO. 7972-2023 A Bylaw to enter into a Driveway Access License Agreement over unopened road allowance beyond the western end cul-de-sac of 98 Avenue, the eastern end of Bell Avenue, to property located at 9878 -285 Street. WHEREAS Section 35(1)(a), 35(12), 36(1) and 39(e) of the Community Charter, SBC 2003 c-26, authorizes a City to pass bylaws to regulate and prohibit in relation to all uses of or involving a highway or part of a highway and to enter into a license of occupation; AND WHEREAS the Council of the City of Maple Ridge deems it desirable to enter into an Agreement to license a driveway access over an unopened road allowance owned by the City; NOW THEREFORE the Council of the City of Maple Ridge enacts as follows: 1. THAT the City enters into the Access Driveway License Agreement attached hereto as Schedule 'A' and forming part of this Bylaw. 2.THAT the Mayor of the Council of the City and the Corporate Officer are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required, except where otherwise provided, and the Mayor and Corporate Officer are hereby authorized and directed to execute all necessary documents and to affix the Corporate Seal of the City to such documents. 3.THAT this Bylaw shall come into force and effect on the date of its final passing. READ A FIRST, SECOND, AND THIRD TIME, passed, signed and the Seal of the City affixed hereto, this_ day of ___ 2023 PRESIDING MEMBER CORPORATE OFFICER APPENDIX A Schedule 'A' to Bylaw 7972-2023 DRIVEWAY ACCESS LICENSE -9878 285 Street THIS LICENSE AGREEMENT MADE BETWEEN: THE City of Maple Ridge HANS SCHRANZ and LAILA SCHRANZ -and- (hereinafter called the "City") OF THE FIRST PART (hereinafter called the "Licensee") OF THE SECOND PART WHEREAS the Licensee is the registered owner of the lands and premises more particularly described in Paragraph 1 of Schedule "A" attached hereto (the "Licensee's Lands"); AND WHEREAS the Licensee desires to gain access to the Licensee's Lands via an unopened road allowance under the City's jurisdiction (the "City's Lands") which is described in Paragraph 2 of Schedule "A"; AND WHEREAS the City has agreed to permit the Licensee to construct and maintain such driveway on a portion of the City's Lands in the area described in Paragraph 3 of Schedule "A" (the "Licensed Area") subject to the requirement that the Licensee enter into an agreement with the City; AND WHEREAS direct access to the Licensed Area is from western end cul-de-sac of 98 Avenue or the eastern end of Bell Avenue, to property located at 9878 -285 Street, which is only seasonally maintained by the City; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT IN CONSIDERATION OF THE PREMISES AND THE COVENANTS HEREINAFTER SET FORTH, AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT WHEREOF IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO COVENANT AND AGREE WITH EACH OTHER AS FOLLOWS: 1. DEFINITIONS In this Agreement: (i) "Agreement" means this agreement along with any schedules attached hereto; (ii) "Business Day" means a day, other than a Saturday or Sunday, on which City government offices are open for normal business in British Columbia; (iii) "Crossing Area" means the area beginning at the property line of the Lands at 9878-285 Street directly up to the Crossing Point as outlined on Schedule "A"; (iv) "Crossing Point" means the area at western end cul-de-sac of 98 Avenue or the eastern end of Bell Avenue where the City's maintained roads intersect or meet the Licensed Area more particularly described in the attached Schedule "A"; (v) "Crossings" mean free and uninterrupted access on foot, bicycle or other similar conveyance, baby stroller, wheelchair or motorized scooter or similar conveyances used exclusively by persons with disabilities, with or without vehicles, equipment, materials and supplies, onto and through the Lands in common with the City, at all times hereafter from time to time at Licensee's will and pleasure to enter upon, go, be on, and pass and repass upon, over and across the Lands for the purpose of unobstructed access to and from the Crossing Point, as provided for in this Agreement, in order for the Licensees to access Licensee's Land; (vi) "Designate" means the primary contact person set out in the Notice section for each Party. (vii) "Force Majeure" means a situation beyond the reasonable control of the Parties including but not limited to: any war, riot, pandemic, civil emergency, natural disaster, strike, lockout, inability to procure materials or services, or other industrial disturbance, fire, lightning or floods, in each case which prevents Crossings, delays due to Governmental Authorities or Governmental orders, delays due to adverse weather. (viii) "Licensed Area" means the area more particularly described in Section 3 of Schedule "A"; (ix) "Licensee's Land" means property located at 9878-285 Street, legally described as LOT 24 DISTRICT LOT 440 GROUP 1 NEW WESTMINSTER DISTRICT PLAN 2788, PID 004-400-348. 2. LICENCE 2.1 The City hereby permits and consents to the Licensee to establish and maintain a driveway upon the Licensed Area for the purpose of Crossings, which is more particularly described in Paragraph 3 of Schedule "A" for the purpose of providing access to the lands described in Paragraph 1 of Schedule "A". 2.2 This license is granted for the sole purpose of providing driveway access to the Licensee's Lands for residential use. 3. INDEMNIFICATION FROM LIABILITY AND RELEASE 3.1 The Licensee will indemnify and save harmless the City and any entities affiliated, associated or otherwise related to the City and their respective agents, independent contractors, directors, officers and employees from and against any and all losses, claims, damages, actions, costs and expenses (including reasonable legal fees) that the City, its servants, employees and agents may sustain, incur, suffer or be put to arising: (a) directly in consequence of the permission herein before granted and/or the exercise by the Licensee of such permission and/or the presence of the driveway or in any matter related thereto during the Term of this Agreement, (b) from breach of the obligations of this Agreement by the Licensee, (c) breach of any warranty, representation or covenant herein by the Licensee, or (d) the wilful misconduct, gross negligence or the bad faith actions of the Licensee their sub- contractors, and those for whom they are responsible at law, except to the extent that any such loss or claim is caused or contributed to by the negligence of the City. 3.2 The Licensee hereby releases and forever discharges the City, its officers, servants, officials and agents from any claim, demand, loss, cost, charge or expense which may arise as a result of the City performing any municipal work in or upon the Licensed Area which may damage or interfere with the driveway. 3.3 The Licensee will exercise due diligence and all reasonable care to prevent damage or loss to any structures, buildings, or improvements in Crossing Area. On the occurrence of damage or loss in the course of exercising Crossings through the Crossing Area, the Licensee will immediately take appropriate action to mitigate or prevent further damage or loss and immediately notify the City so the City can provide direction as to remedial measures to be undertaken. The Licensee will comply with any directions given by the City under this subsection in a timely manner. 3.4 It is expressly understood that nothing contained herein shall be construed as imposing upon the other Party, any obligation to indemnify and save harmless the other Party from or against any losses, costs, charges, liabilities, damages or expenses occasioned by or arising directly or indirectly from or out of any negligence of the other Party, its servants, agents, employees, contractors and those for whom they are responsible at law. The provisions of this Section 3 are paramount to any insurance requirements herein and shall survive the Term of this Agreement. 4. TERM, FEE AND PROPERTY TAXES 4.1 Term -This Licence Agreement shall be effective upon the date of execution by the City and shall continue from year to year subject to the termination provisions hereinafter set forth in Section 5. 4.2 Annual Fee -The Licensee shall pay a fee of $200 prior to the execution of this Agreement and each year thereafter on or before July 1. Should such amount remain unpaid on July 2 in each calendar year, the City may add the amount owing to the Tax Roll of the Licensee's Lands. (Note: There shall be no pro-rating of applicable fee.) 4.3 Municipal Taxes -It is a condition of this license agreement that the Licensee shall maintain the property tax account for the Licensee's Lands in good standing. For the purposes of this Agreement "in good standing" shall mean that all property taxes imposed upon the Licensee's Land for the then current tax year shall be paid in full no later than the first Business Day in July of that tax year and if such property taxes are not in good standing the Licensee is deemed to be in default of this Agreement. 5. TERMINATION OF AGREEMENT 5.1 This Agreement may be terminated by the City: (a) upon six (6) months' notice in writing by the City, with or without reason, to the Licensee at the City's sole discretion; or (b) upon default of the Licensee of the terms of this agreement; as a condition precedent to giving such notice of termination the City shall provide written notice of default and the Licensee shall have fifteen (15) days from the date of the notice to remedy the identified default(s) to the satisfaction of the City; where such default has not been remedied the City may, in addition any other remedies, terminate the agreement as of a date specified in writing and require the Licensee to remove the encroachment within a reasonable time and take such measures to restrict use of the Licensed Area as Council determines appropriate. 5.2 This Agreement will automatically terminate: (a) upon the registration of a transfer of the ownership of the Licensed Area from the City to the Licensee; (b) upon the removal of the driveway and the restoration of the Licensed Area to a condition satisfactory to the City. 6. NON-EXCLUSIVE LICENSE AND ACCESS FROM PUBLIC HIGHWAY 6.1 The Licensee acknowledges that this Agreement shall in no way create any interest in land or easement rights. 6.2 The Licensee acknowledges and agrees that the Licensed Area remains a component of an unopened road allowance over which the public is entitled to travel. Accordingly, the license granted herein is non-exclusive and the Licensee may not prohibit or interfere with the public travel along the unopened road allowance. 6.3 The Licensee acknowledges and agrees that: (a) access to the Licensed Area is from the Crossing Point located at western end cul-de- sac of 98 Avenue or the eastern end of Bell Avenue; (b) the Licensed Area does not receive winter maintenance, emergent repairs, or upkeep from the City; (c) members of the public, including the Licensee, are not permitted to undertake any maintenance activities on an open public highway and specifically are not permitted to undertake any maintenance activities ( e.g. snow plowing) of the Crossing Point at western end cul-de-sac of 98 Avenue or the eastern end of Bell Avenue to gain access to the Licensed Area or the Licensee's Land. 7. CONSTRUCT, REPAIR AND REMOVAL 7.1 In consideration of the permission and consent hereby given, the Licensee: (a) shall, at its own expense, obtain a geotechnical report authored by a member in good standing of the Association of Professional Engineers and Geoscientists of British Columbia setting out the soil conditions and any requirements for a driveway or proposed works to be constructed on the Licensed Area supporting the driveway (the "Geotechnical Report"); shall, at its own expense, construct and maintain the driveway within the Licensed Area with a minimum standard width and surface material meeting all municipal, provincial and federal requirements, and Geotechnical Report requirements including review by the City of Maple Ridge Engineering Department and Emergency Services prior to construction; (b) shall not pave or otherwise hard surface the driveway in a manner different than 7.1(b) above; (c) shall, at its own expense, obtain all required governmental approvals for the construction of the driveway, including the submission, review and approval of a work plan for the driveway; (d) shall, at its own expense, keep and maintain the driveway in a safe, good and proper repair and condition; (e) shall not store any chattels (materials, goods, or equipment) on the Licensed Area; (f) shall maintain the interface between the City's road at western end cul-de-sac of 98 Avenue and the eastern end of Bell Avenue and the Licensed Area adhering to all municipal, provincial and federal requirements; (g) shall not erect a gate prohibiting public access to the Licensed Area and shall not prohibit adjoining lands to the Licensee's Land from utilizing the driveway upon the owners of those lands obtaining a license from the City at a future date; (h) shall, upon termination of this Agreement, forthwith remove the driveway and repair any damage caused thereby at the sole expense of the Licensee without being entitled to any compensation whatsoever. 7.2 The Licensee acknowledges that the authorization hereunder applies only to the Licensed Area and it is the Licensee's obligation to ensure that works authorized hereunder do not encroach upon abutting lands. The Licensee shall be responsible for obtaining the assistance of a professional surveyor for such purpose and the cost thereof. 7 .3 In addition to any other remedy at law or hereunder, if the Licensee fails to maintain the Licensed Area in a safe condition, or to repair or remove the driveway as required by this Agreement, the City may alter, repair or remove the same at the expense of the Licensee. The expense thereof shall be final and binding upon the Licensee, and the City may recover the same from the Licensee in any court of competent jurisdiction as a debt due and owing to the City. 7.4 The City may enter upon the Licensed Area at any time to inspect the driveway and carry out repairs and maintenance in the event the Licensor fails to maintain the driveway in a manner that is inconsistent with Subsection 7.1. 8. INSURANCE CERTIFICATE AND POLICY 8.1 Policy of Insurance -The Licensee shall lodge with the City, prior to the execution of the Agreement by the City (and prior to July 1 of each calendar year), an insurance certificate with an Insurance Company satisfactory to the City, and insuring for the joint benefit of the Licensee and the City against any liability that may arise out of authorization granted hereunder or any use of the Licensed Area. 8.2 Comprehensive General Liability -Such policy shall carry limits of liability in the amount to be specified by the City, including: 8.3 8.4 8.5 (a) property insurance, in an amount acceptable to the City acting reasonably, protecting both the Licensee and the City from loss or damage to the Lands; and (b) commercial general liability insurance, in an amount acceptable to the City acting reasonably no less than $5,000,000, in respect of injury to or death of one or more persons and for damage to property, regardless of the number of claims arising as a result of any one occurrence protecting both the Licensee and the City against claims for personal injury, death or property damage or other third party or public liability claims arising from any accident or occurrence upon, in or about the Crossing Area or any portion thereof. The deductible under this coverage will be in an amount acceptable to the City, acting reasonably. The above insurance policies will: (c) be in a form and substance satisfactory to the City, acting reasonably; ( d) exclude any rights of cross claim against the City or any rights of the insurer or insurers, whether by subrogation or otherwise, against the City and against those for whom the City is in law responsible; (e) include the City (including its officers and employees) as an additional insured; (f) contain a provision requiring that at least 30 days written notice be given to the City by the insurer prior to cancellation of or material change to the policy; (g) contain a cross-liability clause; and (h) provide product;completed operation coverage. Certificate of Coverage -Any certificate of coverage filed with the City solicitor shall specifically contain confirmation that the coverage as specified in paragraphs (a), (b), (c), (d) and (e) above is in effect. Confirmation of Premium Payment -The Licensee shall, from time to time as required by the City, provide confirmation that all premiums on such policy or policies of insurance have been paid, and that the insurance is in full force and effect. Claim in Excess of Policy Limits -The issuance of such Policy of Insurance shall not be construed as relieving the Licensee from responsibility for other or larger claims, if any, and for which it may be held responsible. 9. DEPOSITS 9.1 The Licensee shall lodge with the City, as applicable, those cash deposits more particularly described in Schedule "B", prior to the date of execution of this Agreement by the City. 9.2 Without limiting the generality of Section 10, in the event any expenses incurred by the City in the preparation and administration or enforcement of this Agreement, exceeds the deposit, the Licensee shall pay such additional amounts to the City as invoiced. Failure to pay such invoices within the time periods set out in this agreement or in the invoices shall be considered a default of this agreement. 10. EXPENSES TO BE PAID BY THE LICENSEE 10.1 Every provision of this Agreement by which the Licensee is obligated in any way shall be deemed to include the words "at the expense of the Licensee" unless the context otherwise requires. 10.2 The Licensee shall pay such reasonable fees as may be invoiced by the City in connection with all work to be performed as a result of the provisions of this Agreement. 10.3 All expenses for which demand for payment or invoice has been-made by the City, shall bear interest at the rate of 12% per annum commencing 30 days from the date of invoice. 10.4 In the event that the City finds it is necessary to engage the services of engineer or technical personnel not permanently employed by the City to review the plans of the Licensee and/or carry out on-site inspections of the work performed, the City will advise the Licensee accordingly of this need, and the costs of such outside engineers so engaged shall be the responsibility of the Licensee. The City may require a deposit for this purpose. 11. LICENCE NON-TRANSFERABLE The license hereby granted may not be transferred by the Licensee without the prior consent in writing of the City, which may be arbitrarily denied. 12. NOTICE Any notice, report, statement or invoice which will or may be given pursuant to or in addition to this Agreement will be in writing and shall be conclusively deemed to be validly given or delivered to and received by the Parties' Designate as set out below: (a) if hand delivered, including by bonded courier, to a Party at the address specified in this Section, on the date of that personal delivery; or (b) if mailed, on the third Business Day after the mailing of the same by prepaid post to the addresses specified in this Section; or (c) if sent by email as of the time of verified reception to an email address specified in this Section. The onus of proving reception lies with the mailing Party, by copy of an email confirmation to the appropriate email address. To Licensee: HANS SCHRANZ and LAILA SCHRANZ 9878 -285 STREET MAPLE RIDGE, BC V2W 1L2 Email ________ _ To the City: Attention: Forrest Smith 11995 Haney Place, Maple Ridge, BC V2X 6A9 Email fsmith@mapleridge.ca 13. ESTOPPEL OF LICENSEE The Licensee agrees to not call into question directly or indirectly in any proceeding whatsoever, in law or in equity, or before any administrative tribunal, the right of the City to enter into this Agreement and to enforce each and every term, covenant and condition herein contained. This Agreement may be pleaded as an estoppel against the Licensee in any such proceedings. 14. ERECTION OF WARNING SIGNS The Licensee shall erect signs at the approach of the unopened road allowance which read as follows: 'THIS UNOPENED ROAD ALLOWANCE HAS NOT BEEN ASSUMED FOR PUBLIC USE BY THE CITY. IT IS PRIVATELY MAINTAINED FOR ACCESS TO ABUTTING LANDS. MEMBERS OF THE PUBLIC MAY STILL USE THIS UNOPENED ROAD ALLOWANCE, BUT DO SO AT THEIR OWN RISK". 15. TIME OF ESSENCE Time is of the essence in this Agreement and, without limitation, will remain of the essence after any modification or extension of this Agreement, whether or not expressly restated in the document effecting the modification or extension. 16. GOVERNING LAW The validity and interpretation of this Agreement and the legal relations of the Parties will be governed by and construed in accordance with the laws in force from time to time in the Province of British Columbia and the federal laws of Canada applicable therein. 17. ENTIRE AGREEMENT This Agreement (including any modification of it) states and comprises the entire agreement between the Parties in connection with the subject matter of this Agreement and replaces any previous oral or written agreements between the Parties for the rights granted to the Licensee. There are no representations, warranties, terms, conditions, undertakings or collateral agreements express or implied between the Parties other than expressly set forth in this Agreement. 18. FORCE MAJEURE If either Party is prevented from performing any of its obligations under this Agreement, in whole or in part, by reason of Force Majeure, such Party will be excused from performance for so long as and to the extent that Force Majeure will so prevent such performance, provided that such Party uses reasonable efforts to restore its ability to perform its obligations hereunder. Any Party claiming Force Majeure will, with reasonable promptness, give to any other Party notice of the cause of the Force Majeure and its expected duration. 19. INTERPRETATION As used in this Agreement, the gender will include the feminine or masculine gender, and the plural will include the singular wherever appropriate. 2O.COSTS Except as provided in this Agreement, each Party will perform its obligations under this Agreement at its own cost and expense. 21. NO THIRD PARTY BENEFICIARIES Nothing in this Agreement will entitle any person other than the Parties to any claim, cause of action, remedy or other rights of any kind in respect of the subject matter hereof. 22. ASSIGNMENT The Licensee must not assign any of the Licensee's rights or obligations under this Agreement without the City's prior written consent, which may be arbitrarily denied. Upon providing written notice to the Licensee, the City may assign to any person any of the City's rights under this Agreement. 23. INDEPENDENT LEGAL ADVICE The Licensee and the City each agrees that the contents, terms and effect of this Agreement have been explained to them by a lawyer and are fully understood. 24. COUNTERPARTS AND DELIVERY BY FAX This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. The exchange of copies of this Agreement and of signature pages by facsimile or other electronic transmission shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted by facsimile or other electronic transmission shall be deemed to be their original signatures for all purposes. 25. DISPUTES In the event of a dispute arising between the Licensee or City under this Agreement, each Party shall be entitled to give the other Party's Designate written notice, within ten (10) Business Days of that Party's awareness of such a dispute, and the Parties shall use the below process to address disputes: 25.1 Designates for each Party will meet and work to resolve the dispute. If a resolution cannot be reached within ten (10) Business Days, or such time as agreed by both Parties, the dispute will be escalated in accordance with Subsection 25.2 below. 25.2 All disputes arising out of or in connection with this Agreement, or in respect of any defined legal relationship associated herewith or derived therefrom, shall be referred to and finally resolved by arbitration in accordance with the arbitration rules of the ADR Institute of British Columbia. The appointing authority shall be the ADR Institute of British Columbia. The case shall be administered by the ADR Institute of British Columbia in accordance with its arbitration rules. The place of arbitration shall be Vancouver, or, if agreed to between the Parties, any other location in the province of British Columbia. THIS AGREEMENT SHALL enure to the benefit of and be binding upon the parties hereto and their permitted assigns. IN WITNESS WHEREOF the parties hereto have executed and set their hands and seals on This Agreement: By the City on the day of 2023. THE CORPORATION OF THE CITY OF Maple Ridge Per: Per: _______________ _ By the Licensee on the day of '2023. Per: HANS SCHRANZ Per: LAILA SCHRANZ SCHEDULE "A" THIS IS SCHEDULE A TO THE LICENSE AGREEMENT BETWEEN THE CITY OF MAPLE RIDGE AND HANS SCHRANZ and LAILA SCHRANZ 1. Licensee's Lands Legal Description: LOT 24 DISTRICT LOT 440 GROUP 1 NEW WESTMINSTER DISTRICT PLAN 2788 PIO: 004-400-348 2. City's Lands Road Allowance Between the western end cul-de-sac of 98 Avenue, the eastern end of Bell Avenue, to property located at 9878 -285 Street. 3. Licensed Area That portion of the Road Allowance Between the end of western end cul-de-sac of 98 Avenue, abutting the eastern end of Bell Avenue, to property located at 9878 -285 Street as depicted in the shaded area below. •• ~ N s , 2023 SCHEDULE "B" CASH DEPOSITS AND SECURITY THIS IS SCHEDULE B TO THE LICENSE AGREEMENT BETWEEN THE CITY OF MAPLE RIDGE AND HANS SCHRANZ and LAILA SHCRANZ The Licensee shall, on the dates specified herein, lodge with the City, the following described cash deposits and security. 1. TYPE OF SECURITY Any security required to be filed under this Agreement, shall be by Cash or Letter of Credit in the amount or amounts hereinafter set out. 2. DEPOSITS The following deposits are estimates only and are to be paid to the City, as applicable, prior to the execution of this Agreement by the City. In the event that the actual costs incurred by the City exceed the deposits, such excess shall be invoiced to the Licensee and be due and payable 30 days from date of invoice. • For planning and engineering expenses and disbursements in connection with this Agreement, a deposit of $1,000.00; and • For the estimated expenses of removing the driveway in the Licensed Area, a security in the amount of $5,000.00. m ~ C z w a. a. <( FI L E D Nh ' B C P - 4 0 2 2 4 RC . V 0 : 2 0 0 9 - 0 3 - 1 0 PR N T : 2:0 0 9 - 0 4 - 1 6 - 0 8 . 3 5 . 0 6 . 5 1 6 1 5 3 EX P L A N A T O R Y PL A N OF EA S E M E N T OF PA R T OF LO T S 19 TO 26 D. L . 44 0 GP . 1 N. W. D . PL A N 27 8 8 Pu r s u a n t to Se c t i o n 99 ( / ) ( e ) LT . A . Ac c e s s Pu r p o s e s B.C . G . 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