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HomeMy WebLinkAbout2008-11-03 Adopted Committee of the Whole Minutes.pdfNovember 3, 2008 1:00 p.m. Council Chamber PRESENT Elected Officials Mayor G. Robson Councillor E. Daykin Councillor J. Dueck Councillor A. Hogarth Councillor L. King Councillor C. Speirs Councillor K. Stewart District of Maple Ridge COMMITTEE OF THE WHOLE MEETING MINUTES Appointed Staff J. Rule, Chief Administrative Officer M. Murray, General Manager of Community Development, Parks and Recreation Services P. Gill, General Manager Corporate and Financial Services F. Quinn, General Manager Public Works and Development Services J. Pickering, Director of Planning C. Marlo, Manager of Legislative Services A. Gaunt, Confidential Secretary Other Staff as Required R. Acharya, Planner Note: The agenda was amended to include the following item: 1181 St. Patrick's Church Development Variance Permit Note: Item 1181 was dealt with prior to Item 1. 1. DELEGATIONS/STAFF PRESENTATIONS -Nil 2. PUBLIC WORKS AND DEVELOPMENT SERVICES Note: The following items have been numbered to correspond with the Council Agenda: Committee of the Whol e Minutes November 3, 2008 Page 2 of 7 Note: Councillor Hogarth left the meeting. 1101 RZ/017 /08, 12038 Edge Street, 22554, 22566 Brown Avenue, RS-1 to CD-1-00 Staff report dated October 27, 2008 recommending that Maple Ridge Zone Amending Bylaw No. 6626-2008 to permit a residential dormitory for future conversion into an assisted seniors living facility be given first reading and forwarded to Public Hearing. The Planner gave a Power Point presentation providing the following information: • Application Information • Subject Map • Neighbourhood Context • OCP Context • Site Characteristics • Preliminary Design Plans The Director of Planning advised that the Planning Department is not aware of any discussions between the applicant and educational institutions other than School District No. 42. The Planner advised that the underground parking proposed for the development will include a bicycle storage facility. Chris Chung, Applicant Representative Mr. Chung provided clarification on the age of the students to be attending the proposed facility, the strategy around the number of adults on staff and the provision of facilities for bicycles. He advised that he is not aware of conversations between the applicant and other educational facilities. RECOMMENDATION That the staff report be forwarded to the Council Meeting of November 4, 2008. Committee of the Whole Minutes November 3, 2008 Page 3 of 7 1102 RZ/095/06, 12636 228 Street, First Extension Staff report dated October 23, 2008 recommending that a one year extension be granted for rezoning application RZ/095/06 to permit a 5 lot subdivision under the RS-1b (One Family Urban [Medium Density] Residential) zone. RECOMMENDATION That the staff report be forwarded to the Council Meeting of November 4, 2008. 1103 RZ/066/05, 23929 and 23943 130 Avenue, First Extension Staff report dated October 27, 2008 recommending that a one year extension be granted for rezoning application RZ/066/05 to permit a 11 lot subdivision with 10 single family lots and 1 duplex lot. Note: Mayor Robson left the meeting at 1:33 p.m. RECOMMENDATION That the staff report be forwarded to the Council Meeting of November 4, 2008. 1104 Excess Capacity/Extended Services Agreement LC 130/08, 232 Street and Silver Valley Road Staff report dated October 24, 2008 recommending that Latecomer Charges be imposed and that the Corporate Officer be authorized to sign and seal Latecomer Agreement LC 130/08. RECOMMENDATION That the staff report be forwarded to the Council Meeting of November 4, 2008. Committee of the Whole Minutes November 3, 2008 Page 4 of 7 1105 Santa Claus Parade and Christmas Festival in the Park Staff report dated October 24, 2008 recommending that the use of municipal streets be authorized for the annual Santa Clause Parade and Christmas Festival in the Park on Saturday, December 6, 2008. RECOMMENDATION That the staff report be forwarded to the Council Meeting of November 4, 2008. 3. FINANCIAL AND CORPORATE SERVICES (including Fire and Police) 1131 Disbursements for the month ended September 30, 2008 Staff report dated October 14, 2008 recommending that disbursements for September 2008 be approved. RECOMMENDATION That the staff report be forwarded to the Council Meeting of November 4, 2008. 4. COMMUN/1Y DEVELOPMENT AND RECREATION SERVICES -Nil 5. CORRESPONDENCE -Nil 6. OTHER ISSUES 1181 St. Patrick's Church Development Variance Permit Councillor Stewart spoke to the concerns of the parishioners of St. Patrick's Church around a development variance permit for their church. The General Manager, Public Works and Development Services provided background on the issue and the Corporate Officer provided an explanation of procedures to be followed with an application for a development variance permit. Committee of the Whole Minutes November 3, 2008 Page 5 of 7 The Director of Planning provided a general description of a covenant. She clarified that covenants are legal agreements which require consent from both parties. Councillor Stewart read Motion No. R/08-C-155 released from the November 3, 2008 Closed Council meeting which directed staff to meet with the appropriate representatives of the parish of St. Patrick's Church at their earliest convenience to discuss the matter of the development variance permit issues raised by the parish and bring back a report to Council as soon as possible. He clarified the position of Council on the matter. Note: Councillor Hogarth returned to the meeting. 7. ADJOURNMENT -1:35 p.m. 8 . COMMUNITY FORUM Note: Mayor Robson returned to the meeting. Mike McLaughlin Mr. McLaughlin provided a history of his family's involvement and contributions of land to the District of Maple Ridge. He expressed that he did not wish to see the District take any more land from St. Patrick's Church through the development variance process. Father Au Father Au provided background on his communications with District staff and clarified the Church's position on the issue. He expressed that the parish should not be bound to give up land in the future through a covenant and that what was being asked for by the District through the development variance permit process was unfair and illegal. Polly Sheppard Ms. Sheppard quoted a letter from the District indicating that the engineering department is prepared to support a development variance permit to waive off site servicing improvements. She questioned why the situation has not been resolved 1 ½ years after this letter was issued. Graham Mowatt Mr. Mowatt stated that he did not feel St. Patrick's Church should have to give up land through a covenant as the church was not building a bigger school. He expressed concern that should a covenant be put in place and then acted on in the future it will be detrimental to the church. Committee of the Whole Minutes November 3, 2008 Page 6 of 7 Mark Prinster Mr. Prinster spoke to an impass between the District and the church around land owned by the church which it did not wish to give up through a covenant. He expressed concern that the District wished to take the frontage of the property to put aside for unspecified future use through a covenant. Tracy Francis Ms. Francis expressed concern that the road in front of the church property will be put through in the near future due to the speed of development in the area. She also expressed concern that despite the large amount of fundraising done by the Church, the monies raised will not cover half the cost of the land the District is asking for through the variance permit. Developers rather than the Church will benefit should the proposed covenant be enacted in the future. Tammy Diniz Ms. Diniz inquired about two other properties on 121st Avenue across from the church which have been developed and asked if the developers had to give up land for development of the road. She also asked if the properties were given a development variance permit and stated that what was applied to those properties would have set a precedent and should be applied to the St. Patrick's property as well. The General Manager, Public Works and Development Services advised that this information will be provided at the meeting between District staff and representatives from St. Patrick's Church. He clarified that Council has not discussed this application since September 2007. He also explained that District staff were moving forward on the basis that both parties were in agreement with the covenant. He expressed that as Council has not discussed the issue since September 2007, the concerns brought forward came as a surprise to both District staff and Council. He reiterated that staff has received direction from Council to meet with St. Patrick's Church representatives at their earliest convenience and report back to Council. Aaron Carver Mr. Carver questioned why a variance permit is required. He quoted sections of the Local Government Act and the Community Charter and expressed that he did not see any authority within these Acts giving a municipality authority to require road dedication. He asked for clarification as to which municipal bylaw and which provincial statue would give the authority to impose such a requirement. The General Manager, Public Works and Development Services advised that Mr. Carver's questions are legal questions and would have to be referred to legal counsel. Committee of the Whol e Minutes November 3, 2008 Page 7 of 7 Erika Fabro Miss Fabro spoke to her concerns with the overcrowding of classrooms at St. Patrick's. She asked that a building permit be issued to help with this and stated th t she felt it unfair that the District was taking land from the church . . Stewart, Acting Mayor Presiding Member of the Committee