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Home My WebLink About2022-06-14 Council Agenda and Reports.pdfCouncil Meeting Agenda Tuesday, June 14, 2022 Page 2 of 5 701.1 Development Agreements Committee: • May 26, 2022 • May 27, 2022 • June 8, 2022 702 Reports 703 Correspondence 704 Release of Items from Closed Council Status 705 Recommendation to Receive Items on Consent 800 UNFINISHED BUSINESS 801 Draft Regional Growth Strategy Metro 2050 -Letter of Acceptance Staff Report dated June 14, 2022, with a draft, for review by Council, of a Letter of Acceptance to Metro Vancouver accepting the proposed Metro 2050 Regional Growth Strategy. 900 CORRESPONDENCE 1000 BYLAWS 1001 2019-244-RZ, 12155 Edge Street Staff report dated June 14, 2022, recommending that Housing Agreement Bylaw No. 7855-2022 be adopted and that Zone Amending Bylaw No. 7567-2019 be adopted. 1100 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. Planning and Development Services For Adoption Council Meeting Agenda Tuesday, June 14, 2022 Page 3 of 5 1101 2019-055-RZ, 11839 and 11795 267 Street, RS-3 to RS-2 Staff report dated June 7, 2022, recommending that Official Community Plan Amending Bylaw No. 7834-2022 be given first and second reading and forwarded to Public Hearing and that Zone Amending Bylaw No. 7539-2019, as amended, to rezone from RS-3 (Single Detached Rural Residential) to RS-2 (Single Detached Suburban Residential) to permit a future subdivision of approximately fifteen single-family lots, be given second reading and forwarded to Public Hearing. 1102 2022-036-RZ, Zone Amending Bylaw No. 7827-2022 Staff report dated June 7, 2022, recommending that Zone Amending Bylaw No. 7827-2022 to include housekeeping amendments to Maple Ridge Zone Amending Bylaw No. 7600-2019 be given first and second reading and that a Public Hearing be waived in accordance with the Local Government Act Section 464(2). 1103 2020-413-RZ, 10366 240 Street, RS-2 to RM-1 Staff report dated June 7, 2022, recommending that Zone Amending Bylaw No. 7699-2021 to rezone from RS-2 (Single Detached Suburban Residential) to RM-1 (low Density Townhouse Residential), to permit the future construction of approximately 30 townhouse units, be given second reading and forwarded to Public Hearing. 1104 2019-244-DVP/DP, 12155 Edge Street Staff report dated June 7, 2022, recommending that the Corporate Officer be authorized to sign and seal 2019-244-DVP to reduce setbacks for the buildings and projections, front line setback for the parkade, residential and visitor parking stalls along with short term bike parking stalls, and that the Corporate Officer be authorized to sign and seal and 2019-244-DP to permit the construction of a 209 unit apartment building. Engineering Services Corporate Services Parks, Recreation and Culture 1171 Albion Community Centre Childcare Operator Lease Agreement Staff report dated May 17, 2022, recommending that a five (5) year lease be awarded to the YMCA of Great Vancouver, including an option to renew and that the Corporate Officer be authorized to execute the contract. 400 ADOPTION AND RECEIPT OF MINUTES 401 Minutes of Regular and Special Council Meetings City of Maple Ridge COUNCIL MEETING MINUTES May 24, 2022 The Minutes of the City Council Meeting held virtually and hosted in Council Chambers on May 24, 2022 at 7:00 p.m. at City Hall, 11995 Haney Place, Maple Ridge, British Columbia for the purpose of transacting regular City business. PRESENT Elected Officials Mayor M. Morden Councillor J. Dueck Councillor C. Meadus Councillor G. Robson Councillor R. Svendsen Councillor A. Yousef ABSENT Councillor K. Duncan Appointed Staff S. Hartman, Chief Administrative Officer C. Carter, General Manager Planning & Development Services C. Crabtree, General Manager Corporate Services D. Pollock, General Manager Engineering Services P. Hlavac-Winsor, General Counsel and Executive Director, Legislative Services, Acting Corporate Officer A. Nurvo, Deputy Corporate Officer Other Staff as Required C. Goddard, Director of Planning F. Smith, Director of Engineering T. Thompson, Director of Finance D. Pope, Director of Recreation & Community Engagement A. Grochowich, Planner 2 H. Singh, Computer Support Specialist Note: These Minutes are also posted on the City’s Web Site at www.mapleridge.ca Video of the meeting is posted at media.mapleridge.ca/Mediasite/Showcase Note: Councillor Robson participated electronically. 100 CALL TO ORDER 200 AMENDMENTS TO THE AGENDA 300 APPROVAL OF THE AGENDA R/2022-CM-153 It was moved and seconded That the agenda of the Regular Council Meeting of May 24, 2022 be adopted as circulated. 401 Council Meeting Minutes May 24, 2022 Page 2 of 15 CARRIED 400 ADOPTION AND RECEIPT OF MINUTES 401 Minutes of the Regular Council Meeting of May 10, 2022 R/2022-CM-154 It was moved and seconded That the minutes of the Regular Council Meeting of May 10, 2022 be adopted as circulated. CARRIED 500 PRESENTATIONS AT THE REQUEST OF COUNCIL - Nil 600 DELEGATIONS - Nil 700 ITEMS ON CONSENT 701 Minutes 701.1 Meetings of the Development Agreements Committee • May 11, 2022 • May 18, 2022 702 Reports 702.1 Disbursements for the month ended April 30, 2022 702.2 Council Expenses recorded to April 30, 2022 702.3 Festival Grant Program Recommendations – Intake One 2022 703 Correspondence 704 Release of Items from Closed Council Status 705 Recommendation to Receive Items on Consent R/2022-CM-155 It was moved and seconded That items on the Consent Agenda of the May 24, 2022 Council Meeting be received into the record. CARRIED Council Meeting Minutes May 24, 2022 Page 3 of 15 800 UNFINISHED BUSINESS 801 Notice of Motion With the currently prohibitive housing costs and the high rate of inflation, first time home buyers are severely disadvantaged; Recognizing the need to provide creative solutions to the housing crisis facing our residents and continue to grow our local economy; Therefore, to ensure the proper policy framework is in place, be it resolved that Council direct staff to review the housing policy and bring forward amendments to allow a rent-to-own scheme focusing primarily on townhouses and apartments in the City of Maple Ridge. R/2022-CM-156 It was moved and seconded That staff review the housing policy and bring forward recommendations in conjunction with existing work on rental suites so as to determine if rent-to- own schemes are an option in the City of Maple Ridge. CARRIED 900 CORRESPONDENCE - Nil 1000 BYLAWS Note: Items 1001 – 1007 are from the Public Hearing of May 17, 2022 Bylaws for Third Reading 1001 2016-195-CP, Employment Lands: Re-designation of the Yennadon Lands to Industrial (Employment Park Category) 1001.1 Maple Ridge Official Community Plan Amending Bylaw No. 7734-2021 To amend the Official Community Plan Bylaw No. 7060-2014 to: • Introduce a new category “Employment Park”: to the existing Industrial land use designation; • Amend Employment Policy (6044) to reflect the Yennadon Lands Employment Park; • Amend Section 64 to include the employment Park policy; Council Meeting Minutes May 24, 2022 Page 4 of 15 • Introduce the Yennadon Lands Employment Park Development Permit Area Guidelines; and • To amend the Zoning Matrix to include the employment Park Land Use Category and the new M-7 (Employment Park Industrial) zone. Staff provided background on the proposed OCP amendment of the 13 subject properties, addressed questions and concerns raised at the Public Hearing and answered Council questions. Note: Councillor Robson left the meeting at 7:46 p.m. and returned at 7:47 p.m. R/2022-CM-157 It was moved and seconded That Maple Ridge Official Community Plan Amending Bylaw No. 7734-2021 be given third reading. CARRIED 1001.2 Maple Ridge Official Community Plan Amending Bylaw No. 7735-2021 To amend the Urban Area boundary to include the Yennadon lands in their entirety, and to re-designate lands from Agriculture to Industrial and Conservation. R/2022-CM-158 It was moved and seconded That Maple Ridge Official Community Plan Amending Bylaw No. 7735-2021 be given third reading. CARRIED 1001.3 Maple Ridge Official Community Plan Amending Bylaw No. 7838-2022 To re-designate lands from Agricultural to Industrial. R/2022-CM-159 It was moved and seconded That Maple Ridge Official Community Plan Amending Bylaw No. 7838-2022 be given third reading. CARRIED 1002 2020-421-RZ, 12026 Dunbar Street and 22137 Dewdney Trunk Road 1002.1 Maple Ridge Zone Amending Bylaw No. 7690-2020 To rezone the subject properties from RS-1 (Single Detached Residential) to C-3 (Town Centre Commercial). Council Meeting Minutes May 24, 2022 Page 5 of 15 R/2022-CM-160 It was moved and seconded That Maple Ridge Zone Amending Bylaw No. 7690-2020 be given third reading. CARRIED 1003 2018-429-RZ, 11052 240 Street 1003.1 Maple Ridge Official Community Plan Amending Bylaw No. 7514-2018 To re-designate a portion of the subject property from Low/Medium Density Residential to Conservation. R/2022-CM-161 It was moved and seconded That Maple Ridge Official Community Plan Amending Bylaw No. 7514-2018 be given third reading. CARRIED Councillor Yousef opposed 1003.2 Maple Ridge Zone Amending Bylaw No. 7515-2018 To rezone a portion of the subject property from RS-3 (Single Detached Rural Residential) to R-3 (Single Detached (Intensive) Urban Residential). R/2022-CM-162 It was moved and seconded That Maple Ridge Zone Amending Bylaw No. 7515-2018 be given third reading. CARRIED Councillor Yousef opposed 1004 2019-001-RZ, 24440 128 Avenue 1004.1 Maple Ridge Official Community Plan Amending Bylaw No. 7832-2022 To re-designate a portion of the subject property from Suburban Residential to Conservation. R/2022-CM-163 It was moved and seconded That Maple Ridge Official Community Plan Amending Bylaw No. 7832-2022 be given third reading. CARRIED Councillor Robson and Councillor Yousef opposed Council Meeting Minutes May 24, 2022 Page 6 of 15 1004.2 Maple Ridge Zone Amending Bylaw No. 7528-2019 To rezone a portion of the subject property from RS-3 (Single Detached Rural Residential) to RS-2 (Single Detached |Suburban Residential). R/2022-CM-164 It was moved and seconded That Maple Ridge Zone Amending Bylaw No. 7528-2019 be given third reding. CARRIED Councillor Robson and Councillor Yousef opposed 1005 2020-250-RZ, 23939 Fern Crescent 1005.1 Maple Ridge Official Community Plan Amending Bylaw No. 7691-2020 To re-designate a portion of the subject property from Low Density Urban to Conservation. R/2022-CM-165 It was moved and seconded That Maple Ridge Official Community Plan Amending Bylaw No. 7691-2020 be given third reading. CARRIED 1005.2 Maple Ridge Zone Amending Bylaw No. 7692-2020 To rezone a portion of the subject property from RS-2 (Single Detached Suburban Residential) to RS-1b (Single Detached (Medium Density) Residential). R/2022-CM-166 It was moved and seconded That Maple Ridge Zone Amending Bylaw No. 7692-2020 be given third reading. CARRIED 1006 2021-131-RZ, 23103 136 Avenue 1006.1 Maple Ridge Official Community Plan Amending Bylaw No. 7839-2022 R/2022-CM-167 It was moved and seconded That Maple Ridge Official Community Plan Amending Bylaw No. 7839-2022 be given third reading. Council Meeting Minutes May 24, 2022 Page 7 of 15 CARRIED Councillor Robson and Councillor Yousef opposed 1006.2 Maple Ridge Zone Amending Bylaw No. 7725-2021 To rezone a portion of the subject property from A-2 (Upland Agricultural) to R-2 (Single Detached (Medium Density) Urban Residential). R/2022-CM-168 It was moved and seconded That Maple Ridge Zone Amending Bylaw No. 7725-2021 be given third reading. CARRIED Councillor Robson and Councillor Yousef opposed 1007 2021-244-RZ, 13917 & 13992 Silver Valley Road and 13897 & 13960 232 Street 1007.1 Maple Ridge Official Community Plan Amending Bylaw No. 7846-2022 To re-designate portions of the subject properties from Eco cluster to Conservation. R/2022-CM-169 It was moved and seconded That Maple Ridge Official Community Plan Amending Bylaw No. 7846-2022 be given third reading. CARRIED 1007.2 Maple Ridge Zone Amending Bylaw No. 7768-2021 To rezone portions of the subject properties from RS-3 (Single Detached Rural Residential) to R-1 (Single Detached (Low Density) Urban Residential) and R- 2 (Single Detached (Medium Density) Urban Residential). R/2022-CM-170 It was moved and seconded That Maple Ridge Zone Amending Bylaw No. 7768-2021 be given third reading. CARRIED Bylaws for Third Reading and Adoption Note: Item 1008 is from the April 12, 2022 Council Meeting. A Public Hearing was waived in accordance with Section 464(2) of the Local Government Act. Council Meeting Minutes May 24, 2022 Page 8 of 15 1008 2019-402-RZ, 9450 287 Street Staff report dated May 24, 2022, recommending Zone Amending Bylaw No. 7833-2022 be given third reading and be adopted. 1008.1 Maple Ridge Zone Amending Bylaw No. 7833-2022 To discharge the Land Use Contract from the subject property. R/2022-CM-171 It was moved and seconded That Maple Ridge Zone Amending Bylaw No. 7833-2022 be given third reading and be adopted. CARRIED Bylaws for Adoption 1009 Maple Ridge Fees & Charges Amending Bylaw No. 7850-2022 To provide greater clarity to the public on municipal fees and to ensure rate alignment with market levels. R/2022-CM-172 That Maple Ridge Fees & Charges Amending Bylaw No. 7850-2022 be adopted. CARRIED 1010 Maple Ridge Tree Protection & Management Amending Bylaw No. 7851-2022 To update references and public facing documentation. R/2022-CM-173 It was moved and seconded That Maple Ridge Tree Protection & Management Amending Bylaw No. 7851- 2022 be adopted. CARRIED 1100 REPORTS AND RECOMMENDATIONS Planning and Development Services 1101 2020-237-RZ, 11070 Lockwood Street and 24984, 25024 & 25038 112 Avenue, RS-3 to R-1 and RM-1 Staff report dated May 17, 2022, recommending that Zone Amending Bylaw No. 7844-2022 to rezone from RS-3 (Single Detached rural Residential) to R- Council Meeting Minutes May 24, 2022 Page 9 of 15 1 (Single Detached (Low Density) Urban Residential) and RM-1 (Low Density Townhouse Residential) to permit a future subdivision of approximately 38 single-family lot and a 102-townhouse unit development be given first reading and that the applicant provide further information as described in the report. R/2022-CM-174 It was moved and seconded 1. In respect of Section 475 of the Local Government Act, requirement for consultation during the development or amendment of an Official Community Plan, Council must consider whether consultation is required with specifically: i) The Board of the Regional District in which the area covered by the plan is located, in the case of a Municipal Official Community Plan; ii) The Board of any Regional District that is adjacent to the area covered by the plan; iii) The Council of any municipality that is adjacent to the area covered by the plan; iv) First Nations; v) Boards of Education, Greater Boards and Improvements District Boards; and vi) The Provincial and Federal Governments and their agencies; and in that regard it is recommended that no additional consultation be required in respect of this matter beyond the early posting of the proposed Official Community Plan amendments on the City's website, together with an invitation to the public to comment; 2. That Zone Amending Bylaw No. 7844-2022 be given first reading; and further 3. That the applicant provide further information as described on Schedules A, C, D, E, F, G and J of the Development Procedures Bylaw No. 5879- 1999, along with the information required for an Intensive Residential Development Permit and a Subdivision application. CARRIED Councillor Robson opposed 1102 2018-289-RZ, 10309 & 10337 240 Street and 10320 & 10350 Slatford Place Staff report dated May 17, 2022, recommending that Official Community Plan Amending Bylaw No. 7542-2019 be given first and second reading and forwarded to Public Hearing and that Zone amending bylaw No. 5743-2019 as amended, to rezone from RS-3 (Single Detached Rural Residential) and RS-2 (Single Detached Suburban Residential) to RM-1 (Townhouse Residential) to permit a future 102-unit townhouse development be given second reading and forwarded to Public Hearing. R/2022-CM-175 Council Meeting Minutes May 24, 2022 Page 10 of 15 It was moved and seconded 1. That, in accordance with Section 475 of the Local Government Act, opportunity for early and on-going consultation has been provided by way of posting Official Community Plan Amending Bylaw No. 7542-2019 on the municipal website and requiring that the applicant host a Development Information Meeting (DIM), and Council considers it unnecessary to provide any further consultation opportunities, except by way of holding a Public Hearing on the bylaw; 2. That Official Community Plan Amending Bylaw No. 7542-2019 be considered in conjunction with the Capital Expenditure Plan and Waste Management Plan; 3. That it be confirmed that Official Community Plan Amending Bylaw No. 7542-2019 is consistent with the Capital Expenditure Plan and Waste Management Plan; 4. That Official Community Plan Amending Bylaw No. 7542-2019 be given first and second reading and forwarded to Public Hearing; 5. That Zone Amending Bylaw No. 7543-2019 as amended, be given second reading and forwarded to Public Hearing; 6. That the following terms and conditions be met prior to final reading; i) Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of a security, as outlined in the Agreement; ii) Amendment to Official Community Plan Schedules “B” and “C”; iii) Road dedication as required; iv) Park dedication as required, including construction of a multi-purpose trails; and removal of all debris and garbage from park land; v) Consolidation of the subject properties; vi) Registration of a Restrictive Covenant for the Geotechnical Report, which addresses the suitability of the subject properties for the proposed development; vii) Registration of a Restrictive Covenant pertaining to the Fraser River floodplain report, which addresses the suitability of the subject properties for the proposed development; viii) Registration of a Restrictive Covenant for the protection of the Environmentally Sensitive areas (wetlands) on the subject properties; ix) Registration of a Restrictive Covenant for protecting the Visitor Parking; Tree Protection, and Stormwater Management; x) Registration of a Restrictive Covenant for protecting the Visitor Parking; xi) Registration of a Restrictive Covenant for protecting the Tree Protection; xii) Registration of a Restrictive Covenant for protecting the Stormwater Management; xiii) Registration of a Statutory Right-of-Way plan and agreement for a Public Trail; xiv) Removal of existing buildings; Council Meeting Minutes May 24, 2022 Page 11 of 15 xv) 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; and xvi) That a voluntary contribution, in the amount of $418,200 ($4,100 X 102 units) be provided in keeping with the Council Policy 6.31 with regard to Community Amenity Contributions, or at the rate adopted by Council at the time this application receives third reading. CARRIED Councillor Dueck opposed 1103 2018-458-RZ, 11310 Kingston Street, RS-3 to M-3 Staff report dated May 17, 2022, recommending that Zone amending Bylaw No. 7522-2018 to rezone from RS-3 (Single Detached Rural Residential) to M-3 (Business Park Industrial) to permit a future subdivision of approximately seven industrial park lots be given second reading and forwarded to Public Hearing. R/2022-CM-176 It was moved and seconded 1. That Zone Amending Bylaw No. 7522-2018 as amended be given second reading and forwarded to Public Hearing; 2. That Council require, as a condition of subdivision approval, the developer to provide a combination of covenanted and dedicated land, in lieu of parkland dedication, in accordance with Section 510 of the Local Government Act, and waive the requirement to provide additional payment in lieu; and 3. 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 a new road (200A Street) running north/south, parallel to Golden Ears Way, to connect Wharf Street to Kingston Street, as required; iii) Road dedication for a north/south multi-use pathway, as required; iv) Road dedication for a pump station located near the intersection of Hazelwood Street and Wharf Street, as required; v) Registration of a Restrictive Covenant for the Geotechnical and Floodplain Report which addresses the suitability of the subject property for the proposed development; vi) Registration of a Restrictive Covenant for the protection of the Environmentally Sensitive areas on the subject property; Council Meeting Minutes May 24, 2022 Page 12 of 15 vii) Registration of a Statutory Right-of-Way plan and agreement for storm drainage and maintenance access; viii) Registration of a Statutory Right-of-Way plan and agreement for public access to the trail network; ix) Registration of a Restrictive Covenant for Stormwater Management; x) Removal of existing buildings encroaching onto the property; xi) Notification to the Department of Fisheries and Oceans and the Ministry of Environment for in-stream works on the subject property; xii) If the Director of Waste Management from the Ministry of Environment determines that a site investigation is required based on the submitted Site Profile, a rezoning, development, or development variance permit cannot be approved until a release is obtained for the subject property; and xiii) In addition to the Site Profile, a disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks on the subject property. If so, a Stage 1 Site Investigation Report is required to ensure that the subject property is not a contaminated site. CARRIED 1104 2018-489-RZ, 20278 and 20292 Patterson Avenue, RS-1 to MR-2 Staff report dated May 17, 2022, recommending that Zone Amending bylaw No. 7523-2018 to rezone from RS-1 (Single Detached Residential) to RM-2 (Medium Density Residential) to permit a future four-storey apartment building, with approximately 88 units be given second reading and forwarded to Public Hearing. R/2022-CM-177 It was moved and seconded 1. That Zone Amending Bylaw No. 7523-2018 as amended, be given second reading and 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) Approval from the Ministry of Transportation and Infrastructure; iii) Road dedication on Patterson Avenue and 203 Street, as required; iv) Consolidation of the subject properties; v) Registration of a Restrictive Covenant for the Geotechnical Report, which addresses the suitability of the subject properties for the proposed development; vi) Registration of a Restrictive Covenant for the Acoustic Study prepared for the subject properties; vii) Registration of a Restrictive Covenant for Stormwater Management; viii) Registration of a Restrictive Covenant for Visitor Parking; Council Meeting Minutes May 24, 2022 Page 13 of 15 ix) Registration of a Restrictive Covenant for the sanitary and storm pump; x) Removal of existing buildings; xi) The septic systems serving the existing dwellings must be decommissioned and removed, in accordance with Ministry of Health requirements, immediately upon connecting to the municipal Sanitary Sewer; xii) 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 properties; xiii) 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; and xiv) That a voluntary contribution be provided in keeping with the Council Policy with regard to Community Amenity Contributions, at the rate adopted by Council at the time this application receives third reading. CARRIED Councillor Robson opposed 1105 2022-159-RZ, 21973 132 Avenue, Termination and Replacement of Land Use Contract and New Zone CD-1-22 Staff report dated May 17, 2022, recommending that Zone Amending Bylaw No. 7853-2022, to rezone from LUC (Land Use Contract) to a new zone CD-1- 22 (Equestrian Facility and Restaurant), be given first and second reading and forwarded to Public Hearing. R/2022-CM-178 That Zone Amending Bylaw No. 7853-2022 be given first and second reading and forwarded to Public Hearing. CARRIED 1106 2019-244-RZ, 12155 Edge Street, Housing Agreement Bylaw Staff report dated May 17, 2022, recommending that Housing Agreement Bylaw No. 7855-2022, to secure 209 units in the five-storey apartment building as market rental units, be given first, second and third reading. R/2022-CM-179 It was moved and seconded Council Meeting Minutes May 24, 2022 Page 14 of 15 That Housing Agreement Bylaw No. 7855-2022 be given first, second and third readings. CARRIED 1107 2022-014-DVP, 20425 Hampton Street Staff report dated May 17, 2022, recommending that the Corporate Officer be authorized to sign and seal 2022-014-CVP to increase the maximum principal building height and that a restrictive covenant be authorized to be registered on title to prohibit the construction of a Secondary Suite. Note: Councillor Robson left the meeting at 9:03 p.m. and returned at 9:04 p.m. R/2022-CM-180 It was moved and seconded That the Corporate Office be authorized to sign and seal 2022-014-DVP respecting property located at 20425 Hampton Street; and That a restrictive covenant be authorized to be registered on title to prohibit the construction of a Secondary Suite on the property. CARRIED Engineering Services 1131 Regional Public Works Mutual Aid Agreement for Major Emergencies Staff report dated May 17, 2022, recommending that the city enter into the modified Metro Vancouver Regional Public Works Mutual Aid Agreement. R/2022-CM-181 It was moved and seconded That the City enter into the modified Metro Vancouver Regional Public Works Mutual Aid Agreement. CARRIED Corporate Services Parks, Recreation & Culture Administration 1200 STAFF REPORTS - Nil 1300 OTHER MATTERS DEEMED EXPEDIENT - Nil Council Meeting Minutes May 24, 2022 Page 15 of 15 1400 PUBLIC QUESTION PERIOD G. Telford questioned whether it would make more sense for an independent body to review Council behaviour under the Council Conduct Bylaw rather than Council itself. General Counsel and Executive Director, Legislative Services, advised that there is no methodology provided for another body to adjudicate and the Province recommends that local governments pass their own bylaws to deal with these issues. 1500 MAYOR AND COUNCILLORS’ REPORTS Council members provided their reports on activities participated in during the past few weeks. 1600 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETINGS - Nil 1700 ADJOURNMENT – 9:16 p.m. _______________________________ M. Morden, Mayor Certified Correct ___________________________________ P. Hlavac-Winsor, Acting Corporate Officer 402 Report of Public Hearing City of Maple Ridge REPORT OF PUBLIC HEARING May 17, 2022 The report of the Public Hearing held as a virtual meeting hosted in the Council Chambers of City Hall, 11995 Haney Place, Maple Ridge, British Columbia on Tuesday, May 17, 2022 at 7:00 p.m. PRESENT Elected Officials Councillor J. Dueck Councillor C. Meadus Councillor G. Robson Councillor R. Svendsen Councillor A. Yousef Mayor M. Morden ABSENT Councillor K. Duncan Appointed Staff S. Hartman, Chief Administrative Officer C. Carter, General Manager Planning & Development Services C. Crabtree, General Manager Corporate Services D. Pollock, General Manager Engineering Services P. Hlavac-Winsor, General Counsel and Executive Director, Legislative Services, Acting Corporate Officer S. Labonne, General Manager, Parks, Recreation and Culture Other Staff as Required C. Goddard, Director of Planning M. McMullen, Manager of Development & Environmental Services A. Grochowich, Planner 2 Note: Councillor Robson and Councillor Yousef participated electronically. The Mayor chaired the meeting from Council Chambers. The Mayor called the meeting to order at 7:00 p.m. The Acting Corporate Officer explained the procedure and rules of order of the Public Hearing and advised that the bylaws will be considered further at the next Council Meeting on May 24, 2022. The Mayor then called upon Planning Department staff to present the following items on the agenda: 1)2016-195-CP, Employment Lands: Re-designation of the Yennadon Lands to Industrial (Employment Park Category) The subject application is to re-designate the Yennadon Lands for an employment future to increase the City’s supply of employment lands. The Yennadon Lands include 12 subject properties, generally located at 128 Avenue and 232 Street, as shown on the maps within the staff report and bylaws. 1a) Maple Ridge Official Community Plan Amending Bylaw No. 7734-2021 First Reading: May 11, 2022 402 Public Hearing Report May 17, 2022 Page 2 of 12 Second Reading (as amended): March 8, 2022 Purpose: To amend Maple Ridge Zoning Bylaw No. 7060-2014 to: •introduce a new category “Employment Park” to the existing Industrial land use designation; •amend Employment Policy (6-44) to reflect the Yennadon Lands Employment Park; •amend Section 6.4 to include the Employment Park policy; •introduce the Yennadon Lands Employment Park Development Permit Area Guidelines; and •to amend the Zoning Matrix to include the Employment Park Land Use Category and the new M-7 (Employment Park Industrial) zone. 1b) Maple Ridge Official Community Plan Amending Bylaw No. 7735-2021 First Reading: May 11, 2021 Second Reading (as amended): April 12, 2022 Purpose: To amend the Urban Area Boundary to include the Yennadon Lands in their entirety, and to re-designate lands from Agriculture to Industrial and Conservation. 1c) Maple Ridge Official Community Plan Amending Bylaw No. 7838-2022 First Reading: April 12, 2022 Second Reading: April 12, 2022 Purpose: To re-designate lands from Agricultural to Industrial. A. Grochowich gave a detailed presentation providing information on the application. Note: Councillor Yousef joined the meeting at 7:10 p.m. The Acting Corporate Officer advised that this item was posted in the May 6 and May 13 editions of the local newspaper and 174 notices were mailed out in relation to this application and that 21 letters opposing the application were received, one neutral letter was received, and a few letters were received after the cut-off deadline for submissions. The Mayor called for speakers for a first time. Cynthia Mackie C. Mackie advised that she strongly objected to the rezoning due to the wildlife corridor being jeopardized and that the location was not appropriate since this was a residential neighbourhood. She also stated that no signage meant there was a lack of awareness of this proposal in the neighbourhood. Staff provided an overview of the public process. Public Hearing Report May 17, 2022 Page 3 of 12 Robert Dramer R. Dramer advised that his family lives in the neighbourhood and they were objecting due to the loss of habitat disruption of the natural environment and that Council should work instead to conserve biodiversity in this area. Tracey Dempster T. Dempster advised that protection of the natural environment is important for mental health, and that the salmon creek is federally protected and would be threatened from any industrial uses. She urged Council to consider its priorities and preserve this small community and its connection to nature. Dan Wallace D. Wallace expressed concern over traffic impacts and said the roads were already strained and would need to be widened with traffic calming devices added. He suggested there were other areas of the City where the infrastructure was already in place to support industrial uses. Tim Bonner T. Bonner expressed concerns over the interface between industrial and residential uses and that the road infrastructure is not sufficient to be able to handle the volume of traffic. He advised that he was also concerned that there was lots of wildlife currently using this area, and that there would be impacts on property values. Zuzana Vasko Z. Vasko advised that this was an ecologically sensitive wetland area and in danger of potential flooding and that there should be an independent environmental assessment of the properties done. She stated that this area was of extreme value to the lives of the neighbourhood. Darleen Bernard D. Bernard advised that it was important to retain areas where children can play outside, and that people need green space for their mental health. She asked Council to say no to this rezoning due to the wildlife, loss of habitat and traffic concerns. Jordan Mackie J. Mackie advised that the salmon were his main concern, and asked Council to reconsider since this was the last beautiful forest in the middle of town. He also expressed concerns about the lack of signage and the traffic impacts. Andrea Dolan A.Dolan spoke in opposition to the rezoning and expressed concerns over the traffic in the area. Lillian Ireland L. Ireland spoke in opposition and requested that Council reconsider this rezoning, and expressed concern over the impacts on salmon and wildlife habitat. Public Hearing Report May 17, 2022 Page 4 of 12 Soo Wong S. Wong advised that she had submitted a report to the City and requested that Council read it, in particular that the properties were a wetland that should be preserved. Mike Patterson M. Patterson questioned why this property was not designated as ALR lands and used for small farm operations, that the City needs more agricultural land not industrial land. David Beaver D. Beaver stated that the application was continuing despite community feedback in opposition to this proposal. He stated Council was ignoring significant impacts on water tables, traffic that needs to be mitigated, and that this was not a good site for industrial uses. Silver Wallace S. Wallace advised that she works in the industrial park in Pitt Meadows, that it was all asphalt with no green space, and said this would end up the same way. She stated this is a residential area and expressed concerns over transportation and impacts on property values. Note: Councillor Robson left the meeting at 8:06 p.m. and returned at 8:07 p.m. Jody Shibley J. Shibley asked about setbacks from the creeks, the proposed trail right of way and creek crossings. She also questioned whether the City knew how many people worked in other industrial areas and how many of those lived in the City. Staff clarified the setbacks and trail locations and advised that no creek crossings were proposed. Jamie DeAdder J. DeAdder advised that he agreed with the other speakers regarding infrastructure and traffic, and that he has a concern for the animals living and travelling across these lands. He also expressed concerns over noise pollution, access points, lighting and changes to the ecosystem of the area. Justin Bennett J. Bennett advised that the neighbourhood was sending a clear message that this is not the right place for industrial uses, and it would change and damage the nature of the community. The uses would have serious environmental impacts, increased flooding and would be dangerous for children travelling to school in this area. Melissa Webber M. Webber stated that she agreed with the other speakers and that she had submitted an email requesting answers to several questions, including definitions, types of businesses proposed, and who is requesting the rezoning. Public Hearing Report May 17, 2022 Page 5 of 12 Andy Cleven A. Cleven expressed concerns that there had not been proper consultation, that this would change the flavour of the neighbourhood and that no one in this area is in favour of the rezoning. He stated that he has a concern regarding heavy trucks and requested that Council reconsider. Lisa Bennett L. Bennett expressed concerns regarding impacts including flood plain, traffic, safety of students, loss of wetlands and salmon street, and that an alternative would be single family lots similar to those in their neighbourhood. A. Grochowich clarified the type of development proposed to ensure it would be a good neighbour to the residential area to soften the interface, and the General Manager Engineering Services summarized the proposed traffic infrastructure upgrades. The Mayor called for speakers a second time. Jordan Mackie J. Mackie expressed concerns of impacts on the two salmon-bearing waterways with increased risk of flooding and increased traffic. Tim Bonner T. Bonner expressed concerns regarding traffic, interface, lights and safety and stated that the owners of the property would prefer to do a large lot residential rather than industrial development. Darleen Bernard D. Bonner questioned who the investors were and what their money will go towards, and whether any would be used to lessen the impacts on the neighbourhood. Andy Cleven A. Clevan stated that this industrial park is in the wrong place and it needs to be where the major transportation routes are, that the public needs to be asked what they would want for that property, for example a neighbourhood park. Robert Dramer R. Dramer expressed concerns regarding flooding, lack of environmental assessment, loss of forest lands and replacing it with asphalt. Mike Patterson M. Patterson suggested that the property be converted to ALR lands, possibly a community farm or community gardens. Public Hearing Report May 17, 2022 Page 6 of 12 Andrea Dolan A. Dolan expressed concerns regarding traffic bypassing the busy routes and using their local neighbourhood roads. Dan Wallace D. Wallace advised that the infrastructure was not in place to support this, that it would be a loss of valuable parkland, and that Council needs to review where they can put these employment lands. Linda Gardiner L. Gardner stated that she agreed with all of the other speakers, and that the neighbourhood does not want this rezoning, the traffic is already bad, and that there are lots of other suitable areas to put this industrial park rather than ruin a nice residential area. Jordan Mackie J. Mackie advised that widening the roads would just mean loss of more agricultural land, there is already flooding in this area, and he expressed concerns regarding pedestrian safety and requested that Council reconsider. Silver Wallace S. Wallace advised that the area would just end up being an asphalt jungle like the one in Pitt Meadows and that most of the workers would not be local City residents. She also expressed concerns regarding impacts on wildlife and traffic. A. Grochowich reviewed the development proposal, including building heights within the Development Permit areas. Jody Shibley J. Shibley stated that she echoed the sentiments of her neighbours, that the community was not in support, and that this was the wrong area for this project. The increased traffic that was already cutting through the residential areas would be a danger to residents and wildlife, and that there would be impacts on the creeks with increased flooding. Lisa Bennett L. Bennett stated that she was opposed to the rezoning, and suggested that the property be made residential or agricultural. Note: Councillor Robson left the meeting at 9:08 p.m. and returned at 9:09 p.m. The Mayor called for speakers for a third and final time. Public Hearing Report May 17, 2022 Page 7 of 12 Andy Cleven A. Clevan advised that there was no public support for this project and requested that council listen to what the community actually wants on this property. Jordan Mackie J. Mackie advised that he was against this project and that the neighbourhood was not aware of it. He questioned why there was no sign on the property for something so major. Cynthia Mackie C. Mackie advised that she agreed with the comments regarding lack of public awareness and suggested that there should be better public processed to ensure this does not happen again, and that this rezoning does not fit into this neighbourhood. There being no further comment, the Mayor declared this item dealt with. Note: The meeting recessed at 9:14 p.m. and reconvened at 9:25 p.m. 2) 2020-421-RZ, 12026 Dunbar Street and 22137 Dewdney Trunk Road Lot 109 District Lot 396 Group 1 New Westminster District Plan 26368; and Lot 110 District Lot 396 Group 1 New Westminster District Plan 26368 The subject application is to permit the future construction of a six-storey, mixed use, commercial/residential apartment building with approximately 100 residential units and commercial units on the ground floor. 2a) Maple Ridge Zone Amending Bylaw No. 7690-2020 First Reading: January 26, 2021 Second Reading: April 12, 2022 Purpose: To rezone the subject properties from RS-1 (Single Detached Residential) to C-3 (Town Centre Commercial). The Manager of Development & Environmental Services gave a detailed presentation providing information on the application. The Acting Corporate Officer advised that this item was posted in the May 6 and May 13 editions of the local newspaper and 233 notices were mailed out in relation to this application and that 2 letters opposing the application were received in response. The Mayor called for speakers for a first, second and third time. There being no comments, the Mayor declared this item dealt with. 3) 2018-429-RZ, 11052 240 Street Lot 3 Section 10 Township 12 Group 1 New Westminster Land District Plan 17613 Public Hearing Report May 17, 2022 Page 8 of 12 The subject application is to permit a future subdivision of approximately five lots. 3a) Maple Ridge Official Community Plan Amending Bylaw No. 7514-2018 First Reading: April 12, 2022 Second Reading: April 12, 2022 Purpose: To re-designate a portion of the subject property from Low/Medium Density Residential to Conservation. 3b) Maple Ridge Zone Amending Bylaw No. 7515-2018 First Reading: November 27, 2018 Second Reading (as amended): April 12, 2022 Purpose: To rezone a portion of the subject property from RS-3 (Single Detached Rural Residential) to R-3 (Single Detached (Intensive) Urban Residential). The Manager of Development & Environmental Services gave a detailed presentation providing information on the application. The Acting Corporate Officer advised that this item was posted in the May 6 and May 13 editions of the local newspaper and 258 notices were mailed out in relation to this application and that no correspondence regarding the application was received. The Mayor called for speakers for a first time. Kristina Gao K. Gao advised that all new single family homes were being built with suites, resulting in up to 4 vehicles per home and that there was not enough parking available for the existing homes. The Mayor called for speakers for a second time. Kristina Gao K. Gao questioned whether the parking issue had been raised during the application process. Staff advised that two on-site parking spaces were required per lot, and that parking would be required as the projects proceed. The Mayor called for speakers for a third and final time. There being no further comment, the Mayor declared this item dealt with. 4) 2019-001-RZ, 24440 128 Avenue Lot 1 Section 22 Township 12 New Westminster District Plan 23770 The subject application is to permit a future subdivision of six bare-land strata lots. Public Hearing Report May 17, 2022 Page 9 of 12 4a) Maple Ridge Official Community Plan Amending Bylaw No. 7832-2022 First Reading: April 12, 2022 Second Reading: April 12, 2022 Purpose: To re-designate a portion of the subject property from Suburban Residential to Conservation. 4b) Maple Ridge Zone Amending Bylaw No. 7528-2019 First Reading: January 29, 2019 Second Reading: April 12, 2022 Purpose: To rezone a portion of the subject property from RS-3 (Single Detached Rural Residential) to RS-2 (Single Detached Suburban Residential). The Manager of Development & Environmental Services gave a detailed presentation providing information on the application. The Acting Corporate Officer advised that this item was posted in the May 6 and May 13 editions of the local newspaper and 17 notices were mailed out in relation to this application and that 2 letters in opposition were received in response. The Mayor called for speakers for a first, second and third time. There being no comments, the Mayor declared this item dealt with. 5) 2020-250-RZ, 23939 Fern Crescent Lot 45 Section 28 Township 12 New Westminster District Plan 63118 The subject application is to permit a future subdivision of approximately five lots. 5a) Maple Ridge Official Community Plan Amending Bylaw No. 7691-2020 First Reading: April 12, 2022 Second Reading: April 12, 2022 Purpose: To re-designate a portion of the subject property from Low Density Urban to Conservation. 5b) Maple Ridge Zone Amending Bylaw No. 7692-2020 First Reading: January 12, 2021 Second Reading: April 12, 2022 Purpose: To rezone a portion of the subject property from RS-2 (Single Detached Suburban Residential) to RS-1b (Single Detached (Medium Density) Residential). Public Hearing Report May 17, 2022 Page 10 of 12 The Manager of Development & Environmental Services gave a detailed presentation providing information on the application. The Acting Corporate Officer advised that this item was posted in the May 6 and May 13 editions of the local newspaper and 21 notices were mailed out in relation to this application and that 1 letter in opposition was received in response. The Mayor called for speakers for a first time. Troy Seabrook T. Seabrook expressed concerns regarding the boundary between their property and the developer’s property and the loss of privacy in their backyard and requested that the applicant be required by covenant to build a new solid 8-foot-high fence and a row of trees to provide for more privacy. The Mayor requested that Mr. Seabrook contact staff regarding these concerns. The Mayor called for speakers for a second time. Marie Seabrook M. Seabrook expressed concerns regarding loss of privacy on their property and that the developer had advised they have no intention of putting up any new fences. Staff advised that they will review the property boundaries with the surveyors and contact the Mr. and Mrs. Seabrook to discuss their concerns regarding fences and boundaries. The Mayor called for speakers for a third and final time. There being no further comment, the Mayor declared this item dealt with. 6) 2021-131-RZ, 23103 136 Avenue Lot 1 Section 32 Township 12 New Westminster District Plan EPP70286 Except Plan EPP75644 The subject application is to permit a future subdivision of approximately 20 lots. 6a) Maple Ridge Official Community Plan Amending Bylaw No. 7839-2022 First Reading: April 12, 2022 Second Reading: April 12, 2022 Purpose: To re-designate a portion of the subject property from Conservation and Civic to Medium Density Residential. 6b) Maple Ridge Zone Amending Bylaw No. 7725-2021 First Reading: April 13, 2021 Second Reading: April 12, 2022 Purpose: To rezone a portion of the subject property from A-2 (Upland Agricultural) to R-2 (Single Detached (Medium Density) Urban Residential). Public Hearing Report May 17, 2022 Page 11 of 12 The Manager of Development & Environmental Services gave a detailed presentation providing information on the application. The Acting Corporate Officer advised that this item was posted in the May 6 and May 13 editions of the local newspaper and 49 notices were mailed out in relation to this application and that no correspondence was received in response. The Mayor called for speakers for a first, second and third time. There being no comments, the Mayor declared this item dealt with. 7) 2021-244-RZ, 13917 & 13992 Silver Valley Road and 13897 & 13960 232 Street Lot 4 Except: Firstly: Part on Plan with Bylaw filed 34267, Secondly: Part Lying South and East of Road Shown on Plan with Bylaw Files 34267, Thirdly: Part on Plan 26732, Block “C” Section, Section 33, Township 12 New Westminster District Plan 2409; Lot 8 Section 33 Township 12 New Westminster District Plan 13766; Lot 15 Section 33 Township 12 New Westminster District Plan 26732; and Lot 1 Block “C” Section 33 Township 12 New Westminster District Plan 2409 The subject application is to permit a future subdivision of approximately 17 lots. 7a) Maple Ridge Official Community Plan Amending Bylaw No. 7846-2022 First Reading: April 26, 2022 Second Reading: April 26, 2022 Purpose: To re-designate portions of the subject properties from Eco Cluster to Conservation. 7b) Maple Ridge Zone Amending Bylaw No. 7768-2021 First Reading: July 13, 2021 Second Reading (as amended): April 26, 2022 Purpose: To rezone portions of the subject properties from RS-3 (Single Detached Rural Residential) to R-1 (Single Detached (Low Density) Urban Residential) and R-2 (Single Detached (Medium Density) Urban Residential). The Manager of Development & Environmental Services gave a detailed presentation providing information on the application. The Acting Corporate Officer advised that this item was posted in the May 6 and May 13 editions of the local newspaper and 42 notices were mailed out in relation to this application and that no correspondence was received in response. The Mayor called for speakers for a first time. Public Hearing Report May 17, 2022 Page 12 of 12 Kevin Carson K. Carson advised that he was opposed to the application and had several concerns including removal of trees, stripping of the slope and impacts on the salmon stream. He also stated there are already traffic difficulties in the area and this would just make it worse. The Mayor called for speakers for a second time. Kevin Carson K. Carson advised that street parking in this area adds to the traffic issues and makes it dangerous, that the schools are already overcrowded, and that this is the wrong development in the wrong place at the wrong time. The Mayor called for speakers for a third and final time. Kevin Carson K. Carson stated that this is a unique community and that the green space and nature was disappearing, and the development would just lead to wildlife conflicts. Quentin Boulton Q. Boulton spoke on behalf of the applicant and advised that this was Phase 2 of a 3 Phase project and that they have worked closely with staff on this eco cluster development and the joining of all 3 phases. He stated that 31% would be dedicated as park, and that several infrastructure improvements are planned. There being no further comment, the Mayor declared this item dealt with. Having given all those persons whose interests were deemed affected by the matters contained herein a chance to be heard, the Mayor adjourned the Public Hearing at 10:33 p.m. ____________________________ M. Morden, Mayor Certified Correct ______________________________ P. Hlavac-Winsor, Acting Corporate Officer 700 ITEMS ON CONSENT 701 Minutes June 8, 2022 Mayor's Office Cl RCU LA TED TO: Michael Morden, Mayor Chair CITY OF MAPLE RIDGE DEVELOPMENT AGREEMENTS COMMITTEE Scott Hartman, Chief Administrative Officer Member Patrick Hlavac-Winsor, Recording Secretary 1. 2021-454-DP LEGAL: PIO: LOCATION: OWNER: Lot A District Lot 433 New Westminster District Plan 3611 001-105-7 44 21707 River Road Tahir A. Ghuman REQUIRED AGREEMENT: Enhancement and Re-Planting Agreement THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENTS AS THEY RELATE TO 2021-454-DP. CARRIED 2. 5245-20-8570 LEGAL: PIO: LOCATION: OWNER: Lot 721 District Lot 278 New Westminster Land District Plan 114 010-528-181 20622 Lorne Avenue Arashdeep K Chahal, Sukhchain Gill, Sukhwinder K. Hansra REQUIRED AGREEMENT: Building Development Agreement THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENT AS IT RELATES TO 5245-20-8570. CARRIED 701.1 Development Agreements Committee June 8, 2022 3. 2018-430-RZ LEGAL: PIO: LOCATION: OWNER: Lot 1 Section 28 Township 12 New Westminster District Plan EPP113344 031-618-511 23717 Fern Crescent 1281805 B.C. Ltd. REQUIRED AGREEMENT: Statutory Right of Way -Drainage Purposes THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENT AS IT RELATES TO 2018-430-RZ. CARRIED 4. 2017-390-RZ LEGAL: PIO: LOCATION: OWNER: Lot 1 District Lot 403 Group 1 New Westminster District Plan EPP89422 031-179-720 23108 Lougheed Highway Harwest Homes (Maple Ridge) Ltd. REQUIRED AGREEMENT: Visitor Parking Covenant and Discharge of Visitor Parking Covenant THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENTS AS THEY RELATES TO 2017-390-RZ. CARRIED Scott Hartman, Chief Administ Member Officer Page 2 of 2 N Scale: 1 :2,500 I ' ~ I Legend ---Stream ---Ditch Centreline ---Indefinite Creek 1111111 Lake or Reservoir 27107 RIVER ROAD PIO 001-105-744 FILE: 2021-454-DP DATE: May 18, 2022 9649 BY:AH 13104 ._; (/) <O ~ 13084 13034 N Scale: 1 :2,500 Lege_nd -Stream ---Ditch Centreline -Edge of River - -Indefinite Creek -River Centreline -River 13028 13022 13016 13012 13085 13055 13025 I I I I I I I 130AVE. • 23689 & 23717 FERN CRESCENT FILE: 2018-430-RZ DATE: Oct 22, 2018 PLANNING DEPARTMENT British Columoia-----mapleridge.ca BY:RA May 26, 2022 Mayor's Office CIRCULATED TO: Michael Morden, Mayor Chair CITY OF MAPLE RIDGE DEVELOPMENT AGREEMENTS COMMITTEE Scott Hartman, Chief Administrative Officer Member Patrick Hlavac-Winsor, Recording Secretary 1 2022-005-DP LEGAL: PIO: LOCATION: OWNER: Lot 21 Section 32 Township 12 New Westminster District Plan 13709 009-850-635 13704 224 Street Piotr M. Maryniak and Elizbieta T. Maryniak REQUIRED AGREEMENTS: Habitat Protection Covenant & Enhancement and Maintenance Agreement THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENTS AS IT RELATES TO 2022-005-DP. 2 21-105805 LEGAL: PIO: LOCATION: OWNER: CARRIED Lot 4 Section 28 Township 12 New Westminster District Plan EPS3889 030-185-581 4 -23527 Larch Avenue Julian D. Bajamundi and Patricia A. Bajamundi REQUIRED AGREEMENT: Temporary Residential Use THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENT AS IT RELATES TO 21-105805. CARRIED 800 UNFINISHED BUSINESS 801 On May 10, 2022, Maple Ridge Council passed the following resolution to accept Metro 2050 with the understanding that the comments summarized in this letter will be addressed through the Regional Growth Strategy implementation process. R/2022-WS-020 It was moved and seconded That the Corporate Officer be authorized to provide a letter to Metro Vancouver accepting the proposed Metro 2050 Regional Growth Strategy by the July 4, 2022 deadline, that the letter be revised to include comments and concerns raised by Council and staff, and that the draft letter be reviewed at a Council meeting prior to sending. CARRIED Councillor Robson Opposed In general terms, Maple Ridge Council notes procedural challenges with the regional public hearing process and is interested in how the process can be improved in the future. Looking ahead, two key topics that Maple Ridge Council wishes to pursue further at the provincial level are the permitted uses and boundaries of Agricultural Land Reserve land as well as the provision of affordable housing. Maple Ridge Council looks to Metro Vancouver to act in an advocacy capacity to ensure that conversations with the Agricultural Land Commission and the Province continue to address Maple Ridge's concerns on these matters. In summary, Maple Ridge is seeking to 'take its place' in the region, and wants to ensure that Metro 2050 provides flexibility in the realization of the City's future, recognizing Maple Ridge's extensive rural, conservation and recreation, and agricultural land, which provide significant contributions to the region's environmental and urban containment objectives. Additionally, the creation of local jobs and a diversified tax base is a primary goal. City staff are available for any questions or additional discussion regarding the enclosed comments, and we look forward to continued collaboration regarding the Metro 2050 Regional Growth Strategy. Sincerely, Patrick Hlavac-Winsor Corporate Officer Attachment: Certified Maple Ridge Council Workshop Resolution 2022-WS-020 cc: Heather McNell, General Manager, Regional Planning and Housing Services, Metro Vancouver Chris Plagnol, Corporate Officer, Metro Vancouver CITY OF MAPLE RIDGE 11995 Haney Place, Maple Ridge, BC V2X 6A9, Canada I Tel: 604-463-5221 I Fax: 604-467-7329 I mapleridge.ca enquiries@mapleridge.ca 1000 BYLAWS 1001 b. Road dedication on Edge Street as required; Staff Comment: Road dedication is not required. c. Registration of a Restrictive Covenant for the Geotechnical Report which addresses the suitability of the subject property for the proposed development; Staff comment: A Restrictive Covenant for the Geotechnical Report has been received with a Letter of Undertaking to register the Restrictive Covenant at the Land Title Office. d. Registration of a Statutory Right-of-Way plan and agreement for a public walkway to the City's satisfaction; Staff comment: A Statutory Right-of-Way for a Public Walkway has been received with a Letter of Undertaking to register the Statutory Right-of-Way at the Land Title Office. e. Arborist report reviewing the potential of retaining the stand of cedars located on the subject property's northern property line; Staff comment: An Arborist report was prepared detailing the replacement of the existing cedar hedge to the north. f. Registration of a Restrictive Covenant for protecting the Visitor Parking; Tree Protection, Stormwater Management; Staff comment: A Restrictive Covenant for the Storm Water Management and a Restrictive Covenant for Visitor Parking has been received with a Letter of Undertaking to register the restrictive covenant at the Land Title Office. A covenant for the protection of trees was not required. g. Registration of a Housing Agreement in accordance with Section 483 of the Local Government Act and a Restrictive Covenant stating that units will be restricted to residential rental units; and Staff comment: Housing Agreement Bylaw No. 7855-2022 is being considered for adoption in conjunction with Zone Amending Bylaw No. 7567-2019. The applicant's lawyer has provided a Letter of Undertaking to register the Housing Agreement in accordance with Section 483 of the Local Government Act and a Restrictive Covenant stating that units will be restricted to residential rental units, after adoption of the Housing Agreement Bylaw. h. In addition to the site profile, a disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks on the subject property. If so, a Stage 1 Site Investigation Report is required to ensure that the subject property is not a contaminated site. Staff comment: A letter submitted by a Professional Engineer has been provided, advising that there is no evidence of underground fuel storage tanks on the subject property. 2019-244-RZ Page 2 of 3 CONCLUSION: As the applicant has met Council's terms and conditions, it is recommended that final reading be given to Housing Agreement Bylaw No. 7855-2022 and Zone Amending Bylaw No. 7567-2019. "Original signed by Wendy Cooper" Prepared by: Wendy Cooper, M.Sc., MCIP, RPP Planner "Original signed by Charles Goddard" Reviewed by: Charles R. Goddard, BA, MA Director of Planning "Original signed by Christine Carter" Approved by: Christine Carter, M.PL, MCIP, RPP GM Planning & Development Services "Original signed by Scott Hartman" Concurrence: Scott Hartman Chief Administrative Officer The following appendices are attached hereto: Appendix A -Subject Map Appendix B -Housing Agreement Bylaw No. 7855-2022 Appendix C -Zone Amending Bylaw No. 7567-2019 2019-244-RZ Page 3 of 3 CITY OF MAPLE RIDGE BYLAW NO. 7855-2022 APPENDIX B A Bylaw to authorize the City of Maple Ridge to enter into a Housing Agreement for 12155 Edge Street WHEREAS, pursuant to Section 483 of the Local Government Act, R.S.B.C. 1996, c.323, as amended, Council may by bylaw, enter into a housing agreement under that Section; AND WHEREAS, Council and Edge Street Holdings LTD. Wish to enter into a housing agreement for the subject property at 12155 Edge Street; NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows: 1. This Bylaw may be cited as "Housing Agreement Bylaw No. 7855-2022". 2. By this Bylaw Council authorizes the City to enter into a housing agreement Edge Street Holdings LTD. In respect to parcel or tract of land and premises known and described as: Lot 305 Section 20 Township 12 New Westminister District Plan 46852. 3. The Mayor and Corporate Officer are authorized to execute the Housing Agreement and all incidental instrument on behalf of the City of Maple Ridge. 4. "Schedule 1", attached to this Bylaw, is incorporated into and forms part of this Bylaw. 5. This bylaw shall take affect as of the date of adoption hereof. READ a first time the 24th day of May, 2022 READ a second time the 24th day of May, 2022 READ a third time the 24th day of May, 2022 ADOPTED the day of ,20 PRESIDING MEMBER CORPORATE OFFICER TERMS OF INSTRUMENT -PART 2 HOUSING AGREEMENT THIS AGREEMENT, dated for reference the_ day of ___ 2022, BETWEEN: AND: EDGE STREET HOLDINGS LTD. Suite 1212 -450 SW Marine Drive Vancouver, B.C. V5X OC3 (the "Owner") THE CITY OF MAPLE RIDGE 11995 Haney Place Maple Ridge, B.C. V2X 6A9 (the "City") WITNESSES THAT WHEREAS: A. The Owner is the registered owner of the Lands. B. The City is a municipal corporation incorporated pursuant to the Act. SCHEDULE 1 C. As a condition of the Rezoning Bylaw, the Owner has agreed to enter into a housing agreement with the City in accordance with section 483 of the Act. D. Section 483 authorizes the City, by bylaw, to enter into a housing agreement in respect of the form of tenure of housing units, availability of such units to classes of identified person, administration and management of such units and the rent that may be charged for such units. E. Section 219 of the Land Title Act permits registration of a covenant in favour of a municipality in respect of the use of land or the use of a building on or to be erected on land and that land is or is not to be built on except in accordance with this Agreement. NOW THEREFORE in consideration of the sum of Ten Dollars ($10.00) now paid by the City to the Owner and for other good and valuable consideration (the receipt and sufficiency of which the Owner hereby acknowledges), the Owner and the City covenant each with the other as follows: 1. DEFINITIONS a) "Act" means the Local Government Act, RSBC. 2015 c.1 as amended from time to time; b) "Agreement" means this agreement as amended from time to time; c) "Commencement Date" has the meaning set out in section 2.1 herein; d) "Council" means the municipal council for the City; e) "Director of Planning" means the chief administrator of the Department of Planning of the City and his or her successors in function and their respective nominees; f) "Dwelling Unit" means a dwelling unit as defined in the City's Zoning Bylaw No. 7600-2019 as amended from time to time; Terms of Instrument -Part 2, Housing Agreement -PIO: 006-147-828 Lot 305 Section 20 Township 12 New Westminster District Plan 46852 Page 1 of? g) "Lands" means those lands and premises legally described as: PIO: 006-147-828 Lot 305 Section 20 Township 12 New Westminster District Plan 46852; h) "Market Rental Units" means Dwelling Units that are rented to tenants for market rental rates as set by the Owner; i) "Rental Purposes" means an occupancy or intended occupancy which is or would be governed by a tenancy agreement as defined in Section 1 of the Residential Tenancy Act, SBC 2002 c. 78 as amended from time to time between the Owner and the tenant; j) "Rental Units" means the Market Rental Units; k) "Residential Building" means the 5 storey building to be constructed on the Lands to be used for Rental Purposes with 209 Dwelling Units, all of which Dwelling Units will be Market Rental Units; I) "RT Act" means the Residential Tenancy Act, SBC 2002 c. 78; and m) "Rezoning Bylaw" means the rezoning bylaw applicable to the Lands described as "Zone Amending Bylaw No. 7567-2019". 2. TERM 2.1 . This Agreement will commence upon adoption by Council of "Housing Agreement Bylaw No. 7855-2022", (the "Commencement Date") and will continue in perpetuity. 2.2. Notwithstanding the foregoing grant in perpetuity, this Agreement will terminate immediately upon the removal or destruction of the Residential Building provided the Residential Building is not repaired or rebuilt following the destruction thereof. 2.3. Subject to section 7.3, upon termination of this Agreement, this Agreement will be at an end and of no further force and effect. 3. USE OF LANDS 3.1. Pursuant to Section 219 of the Land Title Act, the Owner covenants and agrees with the City that during the term of this Agreement, notwithstanding the Rezoning Bylaw, the Lands shall be used and built on only in strict compliance with the terms and conditions of this Agreement and that: a. the Lands shall not be subdivided or stratified; b. the Residential Building shall be used for Rental Purposes only; and c. no Rental Unit in the Residential Building shall be occupied for any purpose except for Rental Purposes. 3.2. The Owner further covenants and agrees with the City that the Lands and any buildings or structures constructed thereon including the Residential Building shall be developed, built and maintained in accordance with all City bylaws, regulations and guidelines as amended from time to time. 4. TENANCY RESTRICTIONS 4.1. The unit mix for Rental Units in the Residential Building shall be no fewer than 128 one-bedroom units, 41 two-bedroom units and 40 studio units or as otherwise approved in writing by the Director of Planning in his or her discretion. Terms of Instrument -Part 2, Housing Agreement -PIO: 006-147-828 Lot 305 Section 20 Township 12 New Westminster District Plan 46852 Page 2 of 7 5. OWNER'S OBLIGATIONS Without limiting section 3.1 of this Agreement: a. Management and administration: the management, administration, and associated costs with the management and administration of the Rental Units will be borne by the Owner or its designated rental agent, unless otherwise approved by the City in writing; b. Compliance with applicable laws: without restricting the foregoing, the Owner will comply with all applicable provisions of the RT Act and any other provincial or municipal enactments imposing obligations on landlords in relation to residential tenancies; c. Performance: the Owner will perform its obligations under this Agreement diligently and in good faith; and d. Evidence of compliance: provided that the same can be done without breaching the Personal Information Protection Act (as amended from time to time) the Owner will, at Business License renewal or upon request by the City, supply to the City copies of any documentation in possession of the Owner necessary to establish compliance with the Owner's obligations under this Agreement. 6. DEFAULT AND REMEDIES 6.1. The City may, acting reasonably, give to the Owner a written notice (in this section 6.1, the "Notice") requiring the Owner to cure a default under this Agreement within 30 days of receipt of the Notice. The Notice must specify the nature of the default. The Owner must act with diligence to correct the default within the time specified. 6.2. The Owner will pay to the City on demand by the City all the City's costs of exercising its rights or remedies under this Agreement, on a full indemnity basis. 6.3. The Owner acknowledges and agrees that in case of a breach of this Agreement which is not fully remediable by the mere payment of money and promptly so remedied, the harm sustained by the City and to the public interest will be irreparable and not susceptible of adequate monetary compensation. 6.4. Each party to this Agreement, in addition to its rights under this Agreement or at law, will be entitled to all equitable remedies including specific performance, injunction and declaratory relief, or any of them, to enforce its rights under this Agreement. 6.5. The Owner acknowledges and agrees that it is entering into this Agreement to benefit the public interest in providing housing for Rental Purposes, and that the City's rights and remedies under this Agreement are necessary to ensure that this purpose is carried out and that the City's rights and remedies under this Agreement are fair and reasonable and ought not to be construed as a penalty or forfeiture. 6.6. No reference to nor exercise of any specific right or remedy under this Agreement or at law or at equity by any party will prejudice, limit or preclude that party from exercising any other right or remedy. No right or remedy will be exclusive or dependent upon any other right or remedy, but any party, from time to time, may exercise any one or more of such rights or remedies independently, successively, or in combination. The Owner acknowledges that specific performance, injunctive relief (mandatory or otherwise) or other equitable relief may be the only adequate remedy of a default by the Owner under this Agreement. 7. LIABILITY 7.1 Except for the negligence of the City or its employees, agents or contractors, the Owner will indemnify and save harmless each of the City and its elected officials, board members, officers, directors, employees, and agents, and their heirs, executors, administrators, personal representatives, successors and assigns, from and against all claims, demands, actions, loss, damage, costs and liabilities, which all or any of them will or may be liable for or suffer or incur or be put to by reason of or arising out of: a. any act or omission by the Owner, or its officers, directors, employees, agents, contractors, or other persons for whom at law the Owner is responsible; and b. the Owner's ownership, operation, management or financing of the Lands for the provision of housing for Rental Purposes. Terms of Instrument -Part 2, Housing Agreement -PIO: 006-147-828 Lot 305 Section 20 Township 12 New Westminster District Plan 46852 Page 3 of7 8.8 An alleged waiver by a party of any breach by another party of its obligations under this Agreement will be effective only if it is an express waiver of the breach in writing. No waiver of a breach of this Agreement is deemed or construed to be a consent or waiver of any other breach of this Agreement. 8.9. If a Court of competent jurisdiction finds that any part of this Agreement is invalid, illegal, or unenforceable, that part is to be considered to have been severed from the rest of this Agreement and the rest of this Agreement remains in force unaffected by that holding or by the severance of that part. 8.1 O Every obligation of a party which is set out in this Agreement will extend throughout the term of this Agreement and, to the extent that any obligation ought to have been observed or performed prior to or upon the expiry or earlier termination of the term of this Agreement, such obligation will survive the expiry or earlier termination of the term of this Agreement until it has been observed or performed. 8.11 All notices, demands, or requests of any kind, which a party may be required or permitted to serve on another in connection with this Agreement, must be in writing and may be served on the other parties by registered mail, by facsimile or e-mail transmission, or by personal service, to the addresses set out above or such other address or email address provided by either party from time to time. Service of any such notice, demand, or request will be deemed complete, if made by registered mail, 72 hours after the date and hour of mailing, except where there is a postal service disruption during such period, in which case service will be deemed to be complete only upon actual delivery of the notice, demand or request; if made by facsimile or e-mail transmission, on the first business day after the date when the facsimile or e-mail transmission was transmitted; and if made by personal service, upon personal service being effected. Any party, from time to time, by notice in writing served upon the other parties, may designate a different address or different or additional persons to which all notices, demands, or requests are to be addressed. 8.12 Upon request by the City, the Owner will promptly do such acts and execute such documents as may be reasonably necessary, in the opinion of the City, to give effect to this Agreement. 8.13 This Agreement will enure to the benefit of and be binding upon each of the parties and their successors and permitted assigns. 9. INTERPRETATION 9.1. Gender specific terms include both genders and include corporations. Words in the singular include the plural, and words in the plural include the singular. 9.2 The division of this Agreement into sections and the use of headings are for convenience of reference only and are not intended to govern, limit or aid in the construction of any provision. In all cases, the language in this Agreement is to be construed simply according to its fair meaning, and not strictly for or against either party. 9.3. The word "including" when following any general statement or term is not to be construed to limit the general statement or term to the specific items which immediately follow the general statement or term to similar items whether or not words such as "without limitation" or "but not limited to" are used, but rather the general statement or term is to be construed to refer to all other items that could reasonably fall within the broadest possible scope of the general statement or term. 9.4. The words "must" and "will" are to be construed as imperative. 9.5. Any reference in this Agreement to any statute or bylaw includes any subsequent amendment, reenactment, or replacement of that statute or bylaw. 9.6. This is the entire agreement between the City and the Owner concerning its subject, and there are no warranties, representations, conditions or collateral agreements relating to the subject matter of this Agreement, except as included in this Agreement. This Agreement may be amended only by a document executed by the parties to this Agreement and by bylaw, such amendment to be effective only upon adoption by City Council of an amending bylaw to "Housing Agreement Bylaw No. 7855-2022". Terms of Instrument -Part 2, Housing Agreement -PIO: 006-147-828 Lot 305 Section 20 Township 12 New Westminster District Plan 46852 Page 5 of7 9. 7 This Agreement is to be governed by and construed and enforced in accordance with the laws of British Columbia. 9.8 This Agreement can be signed in counterpart. IN WITNESS WHEREOF each of the City and the Owner have executed this Agreement under seal by their duly authorized officers as of the reference date of this Agreement. 10. DEED AND CONTRACT By executing and delivering this Agreement each of the parties intends to create both a contract and a deed executed and delivered under seal. As evidence of their agreement to be bound by this Agreement, the Covenanter and the City have executed the Land Title Act Form C or D, as the case may be, attached to and forming part of this Agreement. EDGE STREET HOLDINGS LTD., By its authorized signatory(s): CITY OF MAPLE RIDGE By its authorized signatory(s): Terms of Instrument -Part 2, Housing Agreement -PIO: 006-147-828 Lot 305 Section 20 Township 12 New Westminster District Plan 46852 Page 6 of? CONSENT & PRIORITY The Lender in consideration of the payment of ONE DOLLAR ($1.00) and other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged) hereby consents to the registration of the Covenant herein granted under Section 219 of the Land Title Act, running with the said lands and against the said lands and the Lender hereby postpones all of its rights under the Mortgage and Assignment of Rents registered respectively under No. and __ (the "Lender Documents") to those rights of the District under the Covenant herein in the same manner and to the same extent and effect as if the Covenant herein had been dated, granted and registered prior to the Lender Documents. Terms of Instrument -Part 2, Housing Agreement -PIO: 006-147-828 Lot 305 Section 20 Township 12 New Westminster District Plan 46852 Page 7 of? CITY OF MAPLE RIDGE BYLAW NO. 7567-2019 APPENDIX C A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 -1985 as amended, and to Discharge certain Land Use Contracts. WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 -1985 as amended; and AND WHEREAS, a land use contract may, under s.546 of the Local Government Act, be discharged by bylaw with the agreement of the local government and the owner of any parcel of land that is described in the bylaw as being covered by the discharge; and AND WHEREAS, the owner of land legally described as; Lot 305 Section 20 Township 12 New Westminster District Plan 46852 has agreed in writing to the discharge of land use contracts charging the parcel; 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 and Land Use Contract Discharge Bylaw No. 7567-2019." 2. That parcel or tract of land and premises known and described as: Lot 305 Section 20 Township 12 New Westminster District Plan 46852 and outlined in heavy black line on Map No. 1804 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to RM-2 (Medium Density Apartment Residential). 3. Maple Ridge Zoning Bylaw No. 3510 -1985 as amended and Map "A" attached thereto are hereby amended accordingly. 4. The Land Use Contract registered on September 2, 1975 and assigned registration number L 7 4462 is discharged from the land described as Lot 305 Section 20 Township 12 New Westminster District Plan 46852 (PID 006-14 7-828). 5. The Land Use Contract modification registered on October 28, 1982 and assigned . registration number U101211 is discharged from the land described as Lot 305 Section 20 Township 12 New Westminster District Plan 46852 (PIO 006-147-828). 6. The Corporate Officer shall register in the Land Title Office a discharge of each of the land use contracts that are subject to this bylaw, together with a certified copy of this bylaw, in accordance with the Land Title Act and Section 546 and 54 7 of the Local Government Act. READ a first time the 23rd day of July, 2019. READ a second time the 10th day of November, 2020. PUBLIC HEARING held the 1st day of December, 2020. READ a third time the 8th day of December, 2020. ADOPTED, the day of , 20 PRESIDING MEMBER CORPORATE OFFICER 1100 COMMITTEE REPORTS AND RECOMMENDATIONS 1101r~•-TO: FROM: maple,idge.ca City of Maple Ridge His Worship Mayor Michael Morden and Members of Council Chief Administrative Officer MEETING DATE: June 7, 2022 FILE NO: 2019-055-RZ MEETING: C o W SUBJECT: First and Second Reading Official Community Plan Amending Bylaw No. 7834-2022 Second Reading Zone Amending Bylaw No. 7539-2019 11839 and 11795 267 Street EXECUTIVE SUMMARY: An application has been received to rezone the subject properties, located at 11839 and 11795 267 Street, from RS-3 (Single Detached Rural Residential) to RS-2 (Single Detached Suburban Residential), to permit a future subdivision of approximately fifteen single-family lots, consisting of three fee simple lots and twelve bare-land strata lots. Council granted first reading to Zone Amending Bylaw No. 7539-2019 on April 9, 2019. The minimum lot size for the proposed zone is 1 acre (0.4 ha). The proposed RS-2 zoning complies with the policies of the Official Community Plan (OCP). However, an amendment to the OCP is required to amend the Park boundary. Pursuant to Council Policy 6.31, this application is subject to the Community Amenity Contribution (CAC) Program and the rates applicable at third reading of this application. RECOMMENDATIONS: 1. That, in accordance with Section 4 75 of the Local Government Act, opportunity for early and on-going consultation has been provided by way of posting Official Community Plan Amending Bylaw No. 7834-2022 on the municipal website, and Council considers it unnecessary to provide any further consultation opportunities, except by way of holding a Public Hearing on the bylaw; 2. That Official Community Plan Amending Bylaw No. 7834-2022 be given first and second reading and forwarded to Public Hearing; 3. That Zone Amending Bylaw No. 7539-2019, as amended, be given second reading and forwarded to Public Hearing; 4. 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 and upgrading to the Rural Local Road standard, on 118 Avenue and 267 Street, as required; 2019-055-RZ Page 1 of 8 iii) Park dedication as required, including construction of walkways; and a letter confirming removal of all debris and garbage from park land; iv) Consolidation of the properties; v) Registration of a Restrictive Covenant for the Geotechnical Report, which addresses the suitability of the subject properties for the proposed development; vi) Registration of a Restrictive Covenant for the protection of an Agricultural Landscape Buffer adjacent to Agricultural Land Reserve lands to the west; vii) Registration of a Statutory Right-of-Way plan for a municipal storm sewer; viii) Registration of a Restrictive Covenant for Tree Protection; ix) Registration of a Restrictive Covenant for Stormwater Management; x) Registration with Fraser Health for septic disposal, and registration of a Restrictive Covenant for the protection of the septic field areas; xi) Registration with the Ministry of Environment Water Protection and Sustainability Branch for water wells; xii) A Professional Engineer's certification that adequate water quantity for domestic and fire protection purposes can be provided; xiii) 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, then a Stage 1 Site Investigation Report is required to ensure that the subject properties are not contaminated sites; and xiv) That a voluntary contribution be provided, in keeping with the Council Policy 6.31 with regard to Community Amenity Contributions. DISCUSSION: 1. Background Context: Applicant: Legal Description: OCP: David Laird, Aplin & Martin Consultants Lot 2 Section 18 Township 15 New Westminster District Plan 7 439; Lot 4 Except: Parcel A (Statutory Right of Way Plan LMP50235) Section 18 Township 15 New Westminster District Plan 5612 Existing: Suburban Residential Suburban Residential Proposed: 2019-055-RZ Page 2 of 8 Within Urban Area Boundary: Area Plan: OCP Major Corridor: Zoning: Existing: Proposed: Surrounding Uses: North: Use: Zone: Designation: South: Use: Zone: Designation: East: Use: Zone: Designation: West: Use: Zone: Designation: Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing: Fraser Sewer Area: Flood Plain: Companion Applications: 2. Background: No No No RS-3 (Single Detached Rural Residential) RS-2 (Single Detached Suburban Residential) Single-Family Residential RS-3 (Single Detached Rural Residential) Suburban Residential Regional Kanaka Creek Park and Single-Family Residential RS-3 (Single Detached Rural Residential) Park and Agricultural and Suburban Residential Single-Family Residential and Park RS-3 (Single Detached Rural Residential) Suburban Residential and Park Vacant land and Single-Family Residential RS-3 (Single Detached Rural Residential) Agricultural and Suburban Residential Single-Family Residential Single-Family Residential 9.0 hectares (22.2 acres) New extension of 118 Avenue to be constructed Rural standard No No 2019-055-SD, 2021-261-DP and 2019-055-DP The application as originally submitted, proposing RS-2 zoning, aligns with the Suburban Residential designation, which at that time has been discussed extensively by Council. Previous Councils have expressed concern about allowing residential development outside of the Urban Area Boundary and have previously denied applications for this purpose. On September 5, 2017, Council reaffirmed the Suburban Residential designation with the following resolution: That no changes be made to the current policies in the Official Community Plan for Estate Suburban Residential and Suburban Residential Land Use Designations, as discussed in the Council report dated September 5, 2017. On this basis, this proposal remains consistent with the OCP, and Council granted first reading to Zone Amending Bylaw No. 7539-2019 on April 9, 2019. The isolation of this site relative to City water and street access has taken time for the project engineer to work through servicing details. 2019-055-RZ Page 3 of 8 3. Project Description: The subject properties, located at 11839 and 11795 267 Street, are designated Suburban Residential. The southwest boundary of the subject properties is adjacent to Agricultural Land Reserve land, and Kanaka Creek Regional Park intersects at the southeast corner. A watercourse traverses the subject properties along the eastern edge and the north portion of the western edge. The subject properties are also within the vicinity of the Whonnock Aquifer. This rezoning application proposes a 15 lot subdivision of RS-2 (Single Detached Suburban Residential) parcels, three of which will be fee simple lots, and 12 will be bare-land strata lots. Each of the two subject properties currently has an existing house, and both dwellings are proposed to be retained with this proposal. The proposed road layout for this development will enable the development potential for adjacent properties that are also designated Suburban Residential. This development proposal is consistent with the Suburban Residential land use designation for the subject properties (see Appendix A). 4. i) Planning Analysis: Official Community Plan: The subject properties are currently designated Suburban Residential. This designation permits single detached and duplex housing in areas outside of the Urban Area Boundary, that may have municipal water service but which are not connected to the municipal sanitary sewer system. For the proposed development an OCP amendment will be required to amend the parkland boundary, to include required dedicated Park (see Appendix C). The designation supports the proposed development under the RS-2 zone. ii) Zoning Bylaw: The current application proposes to rezone the subject properties from RS-3 (Single Detached Rural Residential) to RS-2 (Single Detached Suburban Residential) to permit a subdivision into 15 single-family lots (see Appendix D). Zone Amending Bylaw No. 7539-2019 has been updated to reflect the new Zoning Bylaw No. 7600-2019 iii) Development Permits: Pursuant to Section 8.9 of the OCP, a Watercourse Protection Development Permit application is required for all developments and building permits within 50 metres of the top of bank of all watercourses and wetlands. The purpose of the Watercourse Protection Development Permit is to ensure the preservation, protection, restoration and enhancement of watercourse and riparian areas. Pursuant to Section 8.10 of the OCP, a Natural Features Development Permit application is required for all development and subdivision activity or building permits for: • All areas designated Conservation on Schedule "B" or all areas within 50 metres of an area designated Conservation on Schedule "B", or on Figures 2, 3 and 4 in the Silver Valley Area Plan; • All lands with an average natural slope of greater than 15 percent; and • All floodplain areas and forest lands identified on Schedule "C" 2019-055-RZ Page 4 of 8 to ensure the preservation, protection, restoration and enhancement of the natural environment and for development that is protected from hazardous conditions. Identification of environmentally sensitive areas (watercourse and steep slopes), park dedication and identifying pervious areas and stormwater management has been incorporated into the design (see Appendix F). The Watercourse Protection and Natural Features Development Permit report will be subject of a future report to the Director of Planning iv) Development Information Meeting: In lieu of an in-person Development Information Meeting, a public comment opportunity was presented to the neighbourhood, between December 8 and December 20, 2021. Seven people used to opportunity to provide feedback to the applicant (see Appendix G). A summary of the main comments and discussions with the attendees was provided by the applicant and include the following main points: • Traffic impact to the rural neighbourhood, by new residents driving to/from work; • Light impact by the light fixtures on and in the dwellings; and • Seeking clarification If this development has any impact to the regional park The following responses were provided by the applicant in response to the fore-mentioned issues raised by the public: v) • Not disputing traffic impact. Clarification was provided that the feedback will be forwarded on to Council for further consideration; • Lighting will mostly be centered around the dwelling units on the lots, and a natural buffer will be created towards the park area; and • Clarification was provided on the implemented buffers along the perimeter, and no comments were received after. Parkland Requirement: As there are more than two additional lots proposed to be created, the developer is required to comply with the park dedication requirements of Section 510 of the Local Government Act prior to subdivision approval. For this project, there is sufficient land that is proposed to be dedicated as Park on the subject properties and this land will be required to be dedicated as a condition of final reading. 5. Environmental Implications: A tree protection area will be covenanted along the dedicated Park land on the eastside of the subject properties, with a log rail fence for visual boundary. The tree retention opportunities on proposed lots 5 and 6 will be further investigated, to provide retention recommendations from the project arborist to the healthier trees in this area. Fencing around the tree cluster would be required, including signage. The Qualified Environmental Professional (QEP) needs to provide a final cost estimate, including the invasive management plan and maintenance/monitoring portion for the enhancement and restoration plan. A security deposit is required for these works. 2019-055-RZ Page 5 of 8 This site is located on the Whonnock Aquifer and thus a ground water impact assessment will be required by an engineer at the subdivision stage to ensure protection of existing area wells and ground water. 6. Agricultural Impact: Agricultural lands are adjacent to the west, side of the subject properties. A 15 metre wide buffer zone is provided to the west side of proposed lots 1 to 5 of the bare land strata lots. The buffer is in accordance with best practices on development adjacent to agricultural lands. This vegetated agricultural setback area will be required to be placed into a Restrictive Covenant on the east side, including appropriate fencing and signage for the boundary. 7. Interdepartmental Implications: i) Engineering Department: The Engineering Department has indicated that the following servicing upgrades will be required through the Rezoning Servicing Agreement: ii) a) Road dedication on 267 Street and 118 Avenue as required to meet the design criteria of the Subdivision and Development Servicing Bylaw No. 4800-1993. Dedication for a new road will be a condition of the future subdivision application. b) Utility servicing as required to meet the design criteria of the Subdivision and Development Servicing Bylaw No. 4800-1993 c) Frontage upgrades to the applicable road standard. d) The development will be required to comply with the requirements of the Best Management Practice -Water Service for Large Lot Suburban Residential Development. Parks, Recreation and Culture Department: Environmental setbacks of 15m will be provided adjacent to Kanaka Creek Regional Park. Planting details for the proposed bioswale along the new Warner Way (strata maintained), and along 118 Avenue allow for maintenance by way of flail mowing. This review will take place as part of the Watercourse Protection and Natural Features Development Permit application. A trail connection is required along 118 Avenue for a future connection to trails in Kanaka Creek Regional Park. 8. Intergovernmental Implications: i) Metro Vancouver: Policy 5-7 of the Official Community Plan recognizes the role of senior agencies in managing the City's natural resources, as follows: Maple Ridge will work in co-operation with Regional, Provincial, and Federal authorities and plans that contribute to the management and protection of the District's natural features, and many include but are not limited to the Blue Mountain Provincial Forest Recreation Management Strategy, Blaney Bog Regional Park, the Kanaka Creek Regional Park Management Plan, and the policies and regulations of the Agricultural Land Commission. 2019-055-RZ Page 6 of 8 In order to meet this objective, this development application, adjacent to the Kanaka Creek Regional Park, was referred to the parks planning section of Metro Vancouver prior to second reading. Metro Vancouver staff has provided City staff with the following comments to the proposal, in reference to the adjacent Kanaka Creek Park: ii) 1. East property boundary: The east side of the application borders the new land that Metro Vancouver recently purchased, which is now parkland. We would like to have a pro-active approach regarding potential property encroachment as it is an issue we frequently see in our system. We would like to work with the City and the applicant to find ways to protect that boundary. Here are a few ideas how to discuss further: a. Install a property marker on the ground such as /ow fence (like post and rail fence as shown elsewhere in the plan), confirmed by a survey, along the property line between park and private development. b. Define a building setback for residential development and conduct a hazard tree assessment survey. This would help identify potential hazard trees located on our property and limit risk factor for both. 2. Connectivity: The park management plan identifies a high-level connection around the area in question, north of Kanaka Creek. With the property we recently purchased and this proposed development, we see opportunities to create more trails through the forest and that connects to the park trail network. We would like to work with you and the applicant to find ways to create a pedestrian trail along 118 Street. This new trail would connect in the park through future trails to the west, new property purchased, and to the east, existing park. We hope that this proposed connection to the park's trail system would a/so limit the likelihood of new residents potentially creating their own trails through the park, as Kanaka's creek is a sensitive watershed. 3. South property boundary: Metro Vancouver would like to see stronger protection through a wider setback at the top of bank to further protect Kanaka Creek if possible. Staff Comment: City staff have negotiated a 15 metre setback and tree protection buffer including a low level fence and signage along the southern boundary of the subdivision that abuts the Kanaka Creek Regional Park. No access to the Regional Park has been accommodated by the bare land strata subdivision which will limit negative impacts to the park by the general public. Local Government Act: An amendment to the OCP requires the local government to consult with any affected parties and to adopt related bylaws in compliance with the procedures outlined in Section 477 of the Local Government Act. The amendment for new Park boundary as required for this application, is considered to be minor in nature. It has been determined that no additional consultation beyond existing procedures is required, including referrals to the Board of the Regional District, the Council of an adjacent municipality, First Nations, the School District or agencies of the Federal and Provincial Governments. 2019-055-RZ Page 7 of 8 CONCLUSION: It is recommended that first and second reading be given to Official Community Plan Amending Bylaw No. 7834-2022, that second reading be given to Zone Amending Bylaw No. 7539-2019 as amended, and that application 2019-055-RZ be forwarded to Public Hearing. "Original signed by Charles Goddard" for Prepared by: Therese Melser Planning Technician "Original signed by Charles Goddard" Reviewed by: Charles R. Goddard, BA, MA Director of Planning "Original signed by Christine Carter" Approved by: Christine Carter, M.PL, MCIP, RPP GM Planning & Development Services "Original signed by Christine Carter" for Concurrence: Scott Hartman Chief Administrative Officer The following appendices are attached hereto: Appendix A -Subject Map Appendix B -Ortho Map Appendix C -Official Community Plan Amending Bylaw No. 7834-2022 Appendix D -Zone Amending Bylaw No. 7539-2019 Appendix E -Proposed Subdivision Plan Appendix F -Preliminary Environmental Context Map Appendix G -Development Information Meeting Feedback 2019-055-RZ Page 8 of 8 CITY OF MAPLE RIDGE BYLAW NO. 7539-2019 A Bylaw to amend Schedule "A" Zoning Map forming part of Zoning Bylaw No. 7600-2019 as amended APPENDIX D 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. 7539-2019." 2. Those parcels or tracts of land and premises known and described as: Lot 2 Section 18 Township 15 New Westminster District Plan 7 439; Lot 4 Except: Parcel A (Statutory Right of Way Plan LMP50235) Section 18 Township 15 New Westminster District Plan 5612 and outlined in heavy black line on Map No. 1793, a copy of which is attached hereto and forms part of this Bylaw, are hereby rezoned to RS-2 (Single Detached Suburban Residential). 3. Maple Ridge Zoning Bylaw No. 7600-2019 as amended and Schedule "A" Zoning Map attached thereto are hereby amended accordingly. READ a first time the 9th day of April, 2019. READ a second time as amended 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 PCO RESULTS & ANALYSIS During the comment date range, Aplin Martin received comments from various neighbours regarding the proposed development. A copy of all emails sent in during the Public Comment Opportunity date range and our reply to any inquiries are included in this summary. Should you have any further questions, please contact the undersigned at 604-817-4695 or at dlaird@aplinmartin.com. Yours truly, APLIN & MARTIN CONSULT ANTS LTD David Laird, P. Eng Project Manager DL:CC Enclosures 15-144 -PCO Summary for 11839 & 11795 267th Maple Ridge, BC -City No. 2019 -055 -RZ WWW.APLINMARTIN.COM I 1680-13450102nd AVENUE, SURREY, BC. V3T 5X3 Development Sign Decal Installed November 19, 2021 November 26th and December 3rd Newspaper Ads www.mapleridgenews.com The Maple Ridge Pitt Meadows News Friday, November 26, 2027 A31 Real Estate ! ...... 1 __ Le_ga_l __ l ..... 1 __ Le_ga_l _ ....... l ...... l __ Le_g_al _ __,! ...... 1 __ Le_ga_l _ __.! I ...... __ Le_ga_l _ __.! ...... 1 __ Le_ga_l _ __, Mobile Homes & Parks A-Frame Cabin Kits, $6,750.00, call Archie 604-754-4076 dwellyaframes.ca Tiny House Sale!! Homes ready to deliver starting at: $32,500.00, Contact Archie 604-754-4076 or archie@dwelltech.ca Real Estate Rentals Apt/ Condo for Rent Polo Club Apartments 19071 Ford Rd. Pitt Meadows Clean, Quiet, Well Maintained Bldg. 3 Blocks to W.C. Express • 1 - 2 Bdrm Suites • 3 appl. • Secured Garage Parking • Adult Oriented • Ref's. • Absolutely No Pets 604.465.7221 Ridgewood Place 12161 223 St BRAND NEW 1,2 & 3 Bdrm Condos 4 rent. Free Amenities incl Gym & morel ridqewoodplace.ca 604-861-7541 Rooms for Rent $75 OFF 1sr MONTH Rooms from $485/mo. Fully Furn, weekly maid service, cable TV, private bath, on bus route, 5/min walk to commuter rail. Haney Motor Hotel 22222 Lougheed Hwy., Maple Ridge Inquire in person btwn 9am-Noon or Call 604-467 -3944 Legal Notices Legal Notices WAREHOUSE LIEN Maple Ridge Towing (1981) LTD, 23283 McKay Ave, Maple Ridge BC will auction the following vehicles on December 10, 2021 for non-payment. 2000 Chevrolet Silverado 2500 2007 Honda Accord VIN# 1 GCGC24U3YE241855 VIN# 1HGC M66507A802397 Debtor. Mary Cecelia Morris Debtor. Glendinning-Anlhony Amount Owing: 3,826.72 Janessa 2003 GMC Savana 2500 Amount Owing: 1,898.02 VIN# 1 GTGG25U531199563 2007 Kia Sportage Debtor: Asgard Glass And VIN# KNDJE723977309991 PropertyS Debtor. Shalynn Holdsworth Amount Owing: 7,301.67 Amount Owing: 2,036.29 1979 Kawasaki 2000BMW3Series VIN# KZTOOE000655 VIN# WBAAM3349YKC73544 Debtor. stenback Walter Brent Debtor. William Goddard Amount Owing: 2,577.06 Amount Owing: 2,958.15 2010 Mazda5 2013 Dodge Avenger VIN# JM1CR2W39A0379324 VIN# 1 C3CDZCB6DN759543 Debtor: Benjamin Francis Yuill Debtor: GO Auto Anance Inc Amount Owing: 2,117.69 Amount Owing: 10,415.75 Kids Help Phone Stop Bullies in their Tracks! Legal Notices Legal Notices Legal Notices Legal Notices PUBLIC COMMENT OPPORTUNITY FOR PROPOSED DEVELOPMENT 11839 & 11795 267 STREET, MAPLE RIDGE, BC You are invited to participate in a Public Comment Opportunity where representatives from Aplin Martin will be available by phone and email to provide details on the Rezoning Application 2019-055-RZ. The purpose of the application is to develop 11839 & 11795 267th Street, Maple Ridge, BC into fifteen (15) single family lots (3 Fee Simple and 12 Bareland Strata). The intent of this Public Comment Opportunity is to seek input from the area residents on the proposed amendments and address any questions which may arise. PROPOSED DEVELOPMENT PLAN Your comments and questions are important to us. HOW TO SUBMIT COMMENTS: P: 604-817-4695 E: dlaird@aplinmartin.com Submit your comments between Wednesday, December 8th and Monday, December 20th 2021. FOR MORE INFORMATION: Aplin Martin David Laird, Project Engineer 604-817-4695 dlaird@aplinmartin.com City of Maple Ridge Planning Department 604-467-7341 planning@mapleridge.ca .., APLIN MARTIN ~ ENGINEERNG ARCHITECTURE PLANNING SURVEYING Contact the Canadian Cancer Society for more information: 1.888.939.3333 LOOKING FORA NEW CAREER? CHECK OUT LOCALWORK.CA! A28 Friday, December 3, 2021 The Maple Ridge Pitt Meadows News www.mapleridgenews.com ,___E_m_p_loy_m_e_n_t ___.!! .... _E_m_p_lo_y_m_en_t_ .... Sto:lo Aboriginal Skills & Employment Training (SASET) Employment Assistance services are provided for Indigenous individuals who are under unemployed residing in the service area that extends from Katzie to Boston Bar and 3 FN communities of Samahquam, Skatin and XA'xtsa. Full-time services are provided at Sto:lo Nation on Vedder Road in Chilliwack, at Seabird Island and Sts'ailes First Nation. Part-time services are provided throughout the catchment area, for more information of the services you can access please call 604-858-3691, toll free at 1-888-845-4455 to speak to an employment counselor or visit the SASET website at www.saset.ca for more information. SASET is here to assist you with your employment & training needs. Don't forget to friend us on Facebook at SASET EAS for the latest in job postings and training program information. St6:lo Aboriginal Skills & Employment Training (\, Bldg #5A-7201 Vedder Road, Chilliwack, B.C. Canada V2R 4G5 Tel: (604) 858-3691 or toll-free 1-888-8454455 Fax: (604) 858-3528 E-mail: info@saset.ca Norember 24, 202/ EMPLOYMENT RESOURCE ROOM/RECEPTIONIST (EXTERNAL) Sto:lo Nation requires the services of a qualified administrative Resource Room/Receptionist to fill a vacancy with the Sto:lo Aboriginal Skills & Employment Training (S.A.S.E.T) Department. Pursuallf ro section 41 of rhe BC Human Rights Code, preference may be girerr to applicanrs of Aboriginal ancest~r. Please self-identify on your cover letter or The Resource Room/Receptionist will: a) provide professional courteous reception and resource room greetings referring clients to the employment services as required: b) promote programs and initiatives supported by the Indigenous Skills & Employment Training (ISET) funding agreement; c) provide administrative support to the Outreach Supervisor; d) maintain resource room, classrooms information boards in the employment resource centre and e) maintenance and archival of Employment Resource Centres filing systems. The successful candidate ,viii work out of the Central (Chilliwack) office. OUAI TFICATIONS/REOJ TIREMENTS· • Post-Secondary education and/or equivalent 2 years of trainirrg and experience in administrative support and reception/resource room duties. • Familiarity with the Indigenous Sldlls & Employment Training Contribution Agreement (!SET CA), SASET catchment area, First Nation Community's culture. and working knowledge of First Nations economic, social, and political issues. • Must have strong professional written and verbal communications skills. • Willingness to expand their skills set if required by SASET funded professional development. • Strong computer skills: MS Word, MS Excel, data base and organizational and multi-tasking abilities. • Ability to maintain: a healthy courteous working relationship ,vith staff, community staff, members, and representatives of other organizations: adhere to the confidentiality guidelines of all records, materials and communications concerning clients, staff, SAS ET and Sto:16 Service Agency/Nation. • Successful candidates will be required to prmide the following if screened in for an inteniew: • Must possess and maintain a valid Class 5 BC Drivers' License • Must successfully pass the required pre-employment RCMP Criminal records Check. SAT ARY RANGE• Based on qualifientions and experience. TYPE OF POSITION: Full-time with benefits. subject to 3-month probationary period, successful annual performance evaluations and continued funding. APPLICATIONS DEADLINE: 4:00 pm January 14". 2022 Candidates will be screened according to the qualifications/requirements. Interested candidates are required to submit a resume and covering letter. Please Include position title on subject line. Send to: St6:lo Aboriginal Skills & Employment Training Attention: Director Anna Celesta Bldg, #SA 7201 Vedder Road Chllilwack, BC V2R 4G5 Email: anna.celesla@sasetca For more information about this and other employment opportunities, visit WWW stolonafion.bc ca or www saset ca VVe regret that we will only respond to those applicants chosen for an interview. VVe thank all applicants for their interest Family Announcements Community Announcements In Memoriam Gifts Ridge Meadows Hoipltal Foundation POSoxsooo Maple Ridge, BC V2X 7G5 Tttlephone604.463, 1822 www.rmhfou11d~Uo11.com CHANGING Ll\1£.S AT R,1g-M~&liilill'' fl.v,f~fol !l;ailircH,•Jw lf.!~•rn1•r,lri:11kl!!l!lp1,r llon,t i{mnurandt(jff '',1!l!1,H.,i'1!l l.lmL!I Ueal1lf'oo,L!n,r ,h!JL"" Cards of Thanks PRAYER TO THE HOLY SPIRIT Holy Spirit; You who makes me see everything and who shows me the way to reach my ideal. You who gives me the divine gilt to forgive and forget from all that is done to me and You who are in all instance of my life with me. I, in this short dialogue want to thank you for everything and confirm once more that I never want to be separated from You no matter how great the material desires may be. I want to be with You and my loved ones in your perpetual glory. A person may pray this prayer 3 consecutive days without asking for their wish, after the third day their wish will be granted, no matter how difficult it may be and promise to publish this dialogue as soon as your favour is granted. Amen. 100s of JOB Vacancies www.localwork.ca ..__L_eg_a_l _ __.! I Legal Legal Notices Legal Notices Career Opportunities Multi-axle Lowbed and Sow Bed Operators Mamie Transport Ltd localed in beautiful Chetwynd BC is looking for multi-axle Jowbed and sow bed operators for full time work. High mountain /steep terrain experience a must, clean abstract, ~~i;/iy~~~:y ,!~1~~~~· i~?ti and accommodations available with great compensation & benefits package. 250-788-5261 Now Hiring!!! Cleaning Supervisor Permanent Full Time, Work Detail: 1 am -9am Monday to d[:/~~~r~~t~~~5us sites. For more info email: lnfo@proffleclean.com Legal Notices Farm Workers FARM WORKERS required by OLERA ORGANIC FARMS to start early May, 2022. General Labour. Musi be willing & able to work outside & lift up to 50 pounds. Salary $15.20/hour lo start. oierafarms@shaw.ca Trades, Technical EXCAVATOR OPERATORS REQUIRED With minimum 5 Years experience. Fax: 604-460-7853 Email: wmader@telus.net PIPELAYERS Experienced Pipelayers for Residential Drain Tile & Sewer Connections Required for Job Sites in the Lower Mainland. Fax resume to: 604-460-7853 or email: wrnader@telus.aet Legal Legal Notices PUBLIC COMMENT OPPORTUNITY FOR PROPOSED DEVELOPMENT 11839 & 11795 267 STREET, MAPLE RIDGE, BC You are invited to participate in a representatives from Aplin Martin email to provide details on the Public Comment Opportunity where will be available by phone and Rezoning Application 2019-055-RZ. The purpose of the application is to develop 11839 & 11795 267th Street, Maple Ridge, BC into fifteen (15) single family lots (3 Fee Simple and 12 Bareland Strata). The intent of this Public Comment Opportunity is to seek input from the area residents on the proposed amendments and address any questions which may arise. PROPOSED DEVELOPMENT PLAN Your comments and questions are important to us. HOW TO SUBMIT COMMENTS: P: 604-817-4695 E: dlaird@aplinmartin.com Submit your comments between Wednesday, December 8th and Monday, December 20th 2021. FOR MORE INFORMATION: Aplin Martin David Laird, Project Engineer 604-817-4695 dlaird@aplinmartin.com City of Maple Ridge Planning Department 604-467-7341 planning@mapleridge.ca _. APLIN MARTIN ~ ENGINEERNG ARCH1ECTURE PI..AN~NG SURVEYING Postcard Notification APLIN MARTIN ENGINEERING ARCHITECTURE PLANNING SURVEYING 201 -12448 82 Avenue Surrey BC V3W 3E9 for the Proposed Development at 11839 & 11795 267th Street, Maple Ridge, BC I File No. 2019 -055 -RZ You are invited to participate in Public Comment Opportunity to review and provide comments on the proposed development at 11839 & 11795 267th Street, Maple Ridge. The intent of this opportunity is to seek input from the area residents on the proposed amendments and address any questions which may arise. Wednesday, December 8th -Monday, December 20th David Laird, Project Manager Aplin & Ma1·tin Consultants Ltd dlaird@aplinmartin.com I 604-817-4695 ,., APLIN MARTIN ~ ENGINEERING ARCHITECTURE PLANNING SURVEYING 201 -12448 82 Avenue Surrey BC V3W 3E9 for the Proposed Development at 11839 & 11795 267th Street, Maple Ridge, BC I File No. 2019 -055 -RZ You are invited to participate in Public Comment Opportunity to review and provide comments on the proposed development at 11839 & 11795 267th Street Maple Ridge. The intent of this opportunity is to seek input from the area residents on the proposed amendments and address any questions which may arise. Wednesday, December 8th -Monday, December 20th David Laird, Project Manager Aplin & Martin Consultants Ltd dlaird@aplinmartin.com I 604-817-4695 Current: Suburban Residential Proposed: Suburban Residential Current: RS-3 Proposed: RS-2 Current: 2 Proposed: 15 (3 Fee Simple and 12 Bareland Strata) Current: 95,500 sq. m. (entire subject site) Proposed: minimum 4,000 sq. m. 11839 & 11795 267th Street, Maple Ridge, BC I /. I ."" I I -, Your thoughts are important to us. llf you require additional information or and/or would like to provide your comments, please do not hesitate to contact David Laird at dlaird@aplinmartin.com or 604-817-4695 or the City of Maple Ridge Planning Department at 604-467-7341 or planning@mapleridge.ca. Current: Suburban Residential Proposed: Suburban Residential Current: RS-3 Proposed: RS-2 Current: 2 Proposed: 15 (3 Fee Simple and 12 Bareland Strata) Current: 95,500 sq. m. (entire subject site) Proposed: minimum 4,000 sq. m. 11839 & 11795 267th Street, Maple Ridge, BC : ' ! ' ' ra.u-~,.q ~ Your thoughts are important to us. llf you require additional information or and/or would like to provide your comments, please do not hesitate to contact David Laird at dlaird@aplinmartin.com or 604-817-4695 or the City of Maple Ridge Planning Department at 604-467-7341 or planning@mapleridge.c;:a. Emails from Neighbours and Our Responses. David Laird From: Sent: To: Subject: Thanks for your support. Dave From: Sent: Decernber-19-21 6:57 PM David Laird December-19~2110:21 PM RE: 11839 & 11795 267thStreet, Mc.1ple Ridge, BC To: David Laird <DLaird@aplinmartin.com> Subject: 11839 & 11795 267th Street, Maple Ridge, BC~ I [EXTERNAL] D.e.ar David, Thank you fortaking the time to review my comments regarding the proposed developmentfor 11795 267th Street. My husband·and I have invested countless hours discussing ourdrearns of living in this beautiful area, building and being a part ofthis unique community and raislng, our three young children here .. Growing up surrounded by nature on a sizea_ble piece of land I can se~ fi(st hand the benefit that it had on li,ly upbringing and truly look fon.ivqrd for o.ur kids having.a similar experience. We -often look at t_his raw land and already feel like it's our hom1=. 1. c~n confidently say thatthis new devetop·ment and those thatare comparable would bean asset tothe:city of Maple Ridge and the.families that live here. Best Regards, Bringing you.home 1 David Laird From: Sent: David Laird December-19-2110:16 PM To: Subject: RE: Feedback on 267th street proposed subdivision Thank you David laird, t Project Manager Office: 604-597.,.9058 I Cell: 604-817-4695 1' i I WWW.APUNMARTIN.COM 3862 W14 Ave, Vancouver, BC, V6R 2W9 APLIN M From:' Sent: December-19-216:48 PM To: David Laird <DLaird@apHnmartin.com>· Subject: Feedback on 267th·street proposed subdMsion I [EXTERNAL] Goo.d morning David Thank:YOU for providing us an opportwnity to give some feedback on the proposed subdivision at 267th street Maple Ridge Fite No. 201.9 -055 -RZ I wanted to send .a note that we:are · exoitecil. and have been looking for a subdivision that ·will allow us to have a private one acre estate to raise our young family. We have been looking for a quiet neighbourhood outside of downtown while still being in reach .of city services and shops and feel creating this community in East Maple Ridge will provide just this. We feel this sort of devefopment is essential to attract growing families to the community, as well as giving those of us who have.grown up in Maple Ridge, c1 logical re.ason to stay. As.shown we are highly supportive .ofthis developm·e11t. Thank·you for your consideration 1 David laird From: Sent: To: Cc: Subject: [EXTERNAL] Hi David, December-20-21 2:17 PM David Laird Re proposed development at 11839 & 11795 267th I'm writing in response to your invitation for public comment regarding the above-noted development proposal. I understand you;re laoking primarily for input.from area residents, which I am not, but perhaps my input will still be considered. I live in Port Moody with my husband and 3 small children and we hope to .purchase a lot and move to Warner Way if the development proceeds. One of the two couples spearheading this proJect,the are my:in-laws. Our hope is for them, us, and my sister-in-law and her young family (currently living in Poco)to each purchase lots in this development. We are aware of another young family, including the adult daughter of the other couple involved in this project1 who plan to live there too. We're young professionals who take excellent care of, and pride in, our homes, our·yards.and our environment. ff this development proceedsJ there's n·o doubt it will be a warm, well-kept, family-focused and close-knit community that will serve and represent Maple Ridge well. It's also a once-in-a-lifetime opportunity for our family to all Hve so dose together, in nature, and be able to be integral parts of .each others1 lives. We are realty hopeful and excited about this development and opportunity. Yours truly, 1 David Laird From: Sent: December-14~21.9:45 AM To: ) Daviq Laird Subject: Proposed development at 11839 and 11795 267th street, Maple Ridge To whom it may Concern We are sendingthis email in our support for proposed development at 11839 and 1179$ 267th street, Maple Ridge. Our property is on , Maple Ridge <lnd is ~djacent to the proposed development. Regards Get Outlook for Android i David Laird From: Sent: To: Subject: Thank you Dave -----Original Message-----.From:: Sent: December-18-2111:12 AM David· Laird December-18-21 °11:26 AM RE: 267th Subdivision Comments T_p: David Laird <DLaird@aplinmartin.com> Subject: 267th Subdivision Comments [EXTERNAL] Hello, I am writing to show my support & excitement for the subdivision proposed on 267th in Maple Ridge. I feel th fa subdivision.is .important for east Maple Ridge & am in full support in seeing this development happen. Growing up & living in east Maple Ridge, this is the type of developmentour community needs to continue to attract the type of people who appre~iate & give back to this beautiful area. Kind regards, 1 Laird David Laird From; Sent: .To: December-18~ 2111:24 AM Subject: RE: Public Comment on 2019~055-RZ Thanks Please see my comments below in UPPER CASE Dave David laird, I Project Manager Office: 604:-597-9058 I Cell: 604,.817-4695 I WWW.APUNMARTIN.COM .3862 W 14 Ave, Vancouver, BC, V6R 2W9 /!(.,~~ f.'!?: T{tL, C ... :?:(1) 1r1t:,\..t r~·:rrt .... ;:;n .in•··r, .• -,,.,,.,.-,.,,,,, rft:if ?,:-. ----,-Original Message---From: Sent: D~cemb~r-18-2110:57 AM To: David·Laird<bLaird@aplinmartin.com>; plannfng@mapleridge.ca subject: Public,Comment on 2019-055-RZ [EXTERNAL] This. ?evelopmeritwill doubie the number of residential units on 267 St. Our concerns·are: 1. Will the new units be required to contribute their share .of the funding that was required to install the water line along 267 St? \A/ill the pf:lst qmtributors·get a refund or will the developmentjustfree load on the current re;;idents? I DON'T THINK THE CITYWOULD ORGANISE A REFUND PROGRAM $UTITMIGHT BE WORTH-YOUR WHILE TO CHECKWffH THEM. BECAUSE IT'S A LONG DEAD END PIPE THE DEVELOPMENT WILL BE INSTALLING A FLUSHING SYSTEM WHICH WILL IMPROVE THE QlJAUTYOF YOUR WATER.THE DEVELOPER WILL BE PAYING A YEARLY MAINTENANCE FEE TO THE CITY FOR THIS. 2. Many new residential develbpments1 like that otfthe corner of264 St ahd DTR, have excess lights on during the night. Will-there be:any restrictions 1nthis development to mitigate the effecton wild life. · THERE WILL BE LESS UGHTS THAN A NORMAL SUBDIVISION AS 12 OFTHE LOTS WILL BE BARE LAND STRATA WITH APRIVATE ROAD.MOST OF THE LIGHTINGWILL BE FROM EACH INDIVIDUAL HOUSE. NEARLY-SO%WILL BE PROTECTED AS PARK.OR _COVENANT,THISWILL.LEAVE WILDLIFE CORRfDORS. 1 David Laird From: Sent: To: Subject_ Hi Dave, You1re very welcome. December-09-21 4:58 PM David Laird Re: Dev~lopment proposal 2019~055-RZ; 11839 & 11795 267 St, Maple Ridge Dave, it time to start looking at ALL trips, not just trips commuting to work. About 68% of ALL trips originating in Maple Ridge, end in Maple Ridge. All those trips matter. Many of them are made by those who can1t drive, don'twant to drive or don't need to drive. According to CleanBC R'oad Map to 2030 we need to reduce the kilometers traveled by private motor vehicle (whether fossil fuel powered or electric) by 25% by 2030, Building more subdivisions -such as the one you're proposing is most-certainly not going to help. 1es not just this subdivisjon. lt1s any subdivision like it. I agree with you that it's-unfortunate that many people .leave Maple Ridge to go to work every day, but thafs a different issue, and that has nothing to do with this deve'lopment proposal. · With kind regards, On Thursday1 December 9, 2021, 03:34:34 p;1n. PST1 David Laird <dla..ird@aplinmart.in.com> wrote: Thank you for your .comments. You make some good points. Would it be.ri'ght to point.out ,however,that about 65% of people .Who live in Mapleridge work out side theOity. Not denying that there is -a long distancE; to downtown Mapleridge from this development but do you not think thatthe number of cars from this subdivision pall in comparison to the numb.er -ofcars· thatleave the City everyday 'lo go to work else where .. is that not a much bigger issue? f'm not saying two wrongs make a rig_ht I will pass your comments on to the City at the end of the review period. You will have an opportunity Jaterto express your concerns to Council at the Public Hearing~probably in March next year. Please ·give me a buzz .if you'ct like to t~lk more. OK? Thanks 1 Dave Laird 604 8i 7 4695 David laird1 I Project Manager Office: 604-597-9058 I Cell: 604-817-4695 I WWW.APUNMARTIN.COM 3862 W 14 Ave; Vancouver, BC, V6R 2W9 From: Sent: December..,09-21 2:1 i PM To~ David Laird <DLaird@aplinmartin.com;> Subject; !)~velopmerit proposal 2019-055-RZ; 11839 & 11795 267 St.1 Maple Ridge [ (EXTERNAL] DearMr. Laird, Our community absolutely needs to get serious about reducing its energy use and greenhouse gas emissions. This proposed development is problematic, a.a. as· it relates to transportation. The 15 or 16 suburb.an 1.,acre lots that you propose to.develop.are about 9 kms from downtown Maple Ri_dge (as the crow flies), and the nearest .supermarl<et /s a f> km drive away. There aren1t any other amenities nearby and anywhere that the residents of this swbdivis.ion need to go, they need to drive. Furthermore, whattends to happen with 1 acre !ot subdivisions, much of the area will be cleared of trees and shrubs to make way for expansive ,lawns, which often tend to be-mowed and watered. Trees are carbon sinks and should be preserved as much as possible. Mowing lawns is a wasteful use ofenergy, and watering lawns is aVery wasteful use,of water in periods of drought. We are being told that we .should expectincreasingly ·drier and hotter summers, so this is a bad.idea. 2 This 'is not the right location for a subdivision and I do not support it. With kind regards. Maple Ridge 3 ENGINEERING ARCHITECnJRE PLANNING SURVEYING 1102City of Maple Ridge TO: FROM: SUBJECT: His Worship Mayor Michael Morden and Members of Council Chief Administrative Officer First and Second Reading Zone Amending Bylaw No. 7827-2022 EXECUTIVE SUMMARY: MEETING DATE: FILE NO: ATTN: June 7, 2022 2022-036-RZ cow Zoning Bylaw No. 7600-2019 was adopted by Council on December 8, 2020 and has been well received for its ease of use, clarity and detail by the public and by staff. The Bylaw has been in use for 18 months and, as can be expected for a document of this size and complexity, minor corrections have been identified. These housekeeping amendments required to Zoning Bylaw No. 7600-2019 are provided for Council consideration in Zone Amending Bylaw No. 7827-2022, attached as Appendix A. Text amendments contained within Zone Amending Bylaw No. 7827-2022, which are minor in nature, include clarification to: definitions to provide more clarity and additional detail; the names of three Zones; an exception to Steep Slope requirements; references to the Agricultural Land Reserve regulations; Building Height and Floor Area requirements; the Use of Shipping Containers; restrictions on the use of barbed and razor wire in the Town Centre Area; additional setback requirements; and "Not Applicable" to be replaced with "No requirement in this Zone". In addition, ten recent Zoning Map Amendment Bylaws adopted into the old Zoning Bylaw are included for adoption into Schedule "A" of the new Zoning Bylaw No. 7600-2019. As per the Local Government Act, Section 464(2), when a Zoning Bylaw is consistent with the Official Community Plan, the City may waive the requirement to hold a Public Hearing. When a Public Hearing is waived under Section 464(2), the City must then give notice in accordance with Section 467 of the Local Government Act which requires that the notice states the purpose of the Zoning Bylaw; the lands that are subject of the Bylaw; the place, times and dates where the Bylaw may be inspected; and is published in a newspaper the same as for a Public Hearing. It can be expected that additional changes to the Zoning Bylaw will occur from time to time, as it is used and new situations and needs arise in the course of normal business. RECOMMENDATIONS: 1. That Zone Amending Bylaw No. 7827-2022 be given first and second reading; and further 2. That a Public Hearing for Zone Amending Bylaw No. 7827-2022 be waived in accordance with the Local Government Act Section 464(2). 2022-036-RZ Page 1 of 5 Clause 5 This amendment to Section 402.2 Agricultural Employee Residential clarifies that lots within the Agricultural Land Reserve are subject to the requirements of the Agricultural Land Commission. This requirement is already included in several similar sections of the Bylaw. Clause 6 This amendment to the Section 402.11 Building Height requirement for Detached Garden Suites on large lots (greater than or equal to 0.4 hectares) clarifies that a Detached Garden Suite may also be located on the second storey of a Building above another Use. Clause 7 This amendment to the Section 402.12 Farm Home Plate requirements clarifies that the total Floor Area of all Principal and Accessory Residential Buildings must meet the current requirements of the Agricultural Land Commission. Clause 8 This amendment to the Section 402.25 Shipping Containers requirements includes minor text corrections for clarity, and the insertion of a clause that clarifies that a Shipping Container may be converted to Building or Structure on the condition that it meets BC Building Code and Maple Ridge Building Bylaw requirements. Clause 9 This amendment to the Section 402.27 Temporary Residential requirements clarifies that the total Gross Floor Area of a Temporary Residential Use, when located within the same Building as the Principal Residential Use, can't be more than 40% of the total Gross Floor Area, and when located in a Manufactured Home must be less than the Gross Floor Area of the Principal Residential Use. Clause 10 This amendment to the Section 403.3 Gross Floor Area Exemptions clarifies that Lots within the Agricultural Land Reserve are excluded from the requirement that portions of a Residential Building where the ceiling height exceeds 4.27 metres must calculate the Gross Floor Area of that area of the Building twice. Clause 11 This amendment to Section 405.4 Fence Requirements specifies that, although barbed wire and razor wire are permitted on fences above two metres in Commercial Zones, they are not permitted within the Town Centre Area. Clause 12 This amendment is to Setback requirements that are missing in the A-4 and R-4 Clause, Section 504.7 and Section 604.7, respectively. In the A-4 Zone, setback requirements for siting of Agricultural Buildings is added, consistent with other Agricultural Zones. In the R-4 Zone, a setback between Principal Residential Buildings and Accessory Buildings is added, consistent with other Single Detached Residential Zones. 2022-036-RZ Page 3 of 5 Clause 13 This amendment is a clarification of the Building Height requirements in Section 703.8 of the C-3 Zone. It clarifies that the Port Haney and Fraser River Waterfront (PHFRW) Area is excluded from the requirement that Buildings in Town Centre Area must be a minimum of 11.0 metres in Height. The following clause correctly specifies that Buildings within the PHFRW Area are limited to a height of 11.0 to 15.0 metres. Clause 14 This amendment is to replace 70 instances where "Not Applicable" is used where there are no requirements in the section. Each is replaced with the statement "No _ requirement for this Zone" with the applicable Use inserted in the blank space. Clause 15 When the new Zoning Bylaw No. 7600-2019 was adopted there were several rezoning applications that had already received third reading under the old Zoning Bylaw No. 3510-1985, and those were able to continue to adoption under that Bylaw. CONCLUSION: Since October 2021 ten of those applications have received final adoption for Zoning Map Amendments. They are included here as Maps 1961 to 1970 to amend Schedule "A" -Zoning Map of the new Zoning Bylaw 7600-2019. In some cases, the name of the Zone was changed in the new Zoning Bylaw and that is reflected in the new Rezoning Maps. Text amendments contained within Zone Amending Bylaw No. 7827-2022 include clarification to: definitions to provide more clarity and additional detail; the names of three Zones; an exception to Steep Slope requirements; references to the Agricultural Land Reserve regulations; Building Height and Floor Area requirements; the Use of Shipping Containers; restrictions on the use of barbed and razor wire in the Town Centre Area; additional setback requirements; and "Not Applicable" to be replaced with "No requirement in this Zone". In addition, ten recent Zoning Map Amendment Bylaws adopted into the old Zoning Bylaw are included for adoption into Schedule "A" of the new Zoning Bylaw No. 7600-2019. It is recommended that first and second reading be given to Zone Amending Bylaw No. 7827-2022, and that at a Public Hearing be waived in accordance with the Local Government Act Section 464(2). 2022-036-RZ Page 4 of 5 As per the Local Government Act, Section 464(2), when a Zoning Bylaw is consistent with the Official Community Plan, the City may waive the requirement to hold a Public Hearing. When a Public Hearing is waived under Section 464(2), the City must then give notice in accordance with Section 467 of the Local Government Act which requires that the notice states the purpose of the Zoning Bylaw; the lands that are subject of the Bylaw; the place, times and dates where the Bylaw may be inspected; and is published in a newspaper the same as for a Public Hearing. "Original signed by Charles Goddard" for Prepared by: Ann Edwards, CPT Senior Planning Technician "Original signed by Charles Goddard" Reviewed by: Charles R. Goddard, BA, MA Director of Planning "Original signed by Christine Carter" Approved by: Christine Carter M.PL., MCIP, RPP GM Planning & Development Services "Original signed by Christine Carter" for Concurrence: Scott Hartman Chief Administrative Officer The following appendices are attached hereto: Appendix A -Zone Amending Bylaw No. 7827-2022 Appendix B -Mark-up incorporating Housekeeping Amendments 2022-036-RZ Page 5 of 5 CITY OF MAPLE RIDGE BYLAW NO. 7827-2022 APPENDIX A A Bylaw to amend the text and Schedule "A" of Maple Ridge Zoning Bylaw No. 7600-2019 as amended WHEREAS, it is deemed expedient to amend the 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. 7827-2022". 2. Maple Ridge Zoning Bylaw No. 7600-2019 is hereby amended to revise the following definitions: Part 2 -Interpretations and Definitions, 202 Definitions, 202.1 is amended as follows: a) the definition for "Group Housing Residential" (Residential, Group Housing) is amended by deleting "Group Housing Residential" and replacing it with "Cluster Housing Residential"; b) the definition for "Shipping Container" is amended by deleting "the use of" after "means"; c) the definition for "Townhouse Residential" (Residential, Townhouse) is amended by inserting "or be situated one above the other" after "foundation to roof", and by deleting "Dwelling Units" after "Street Townhouse Residential" and replacing it with "Uses"; d) the definition for "Two-Unit Residential" (Residential, Two-Unit) is amended by inserting "or be situated one above the other" after "common wall"; e) the definition "Used For" is amended by deleting the definition in its entirety. 3. Maple Ridge Zoning Bylaw No. 7600-2019 is hereby amended to revise the names of three Zone Designations: Part 3 -Basic Provisions, 302 Zones, 302.1.1 and Part 6 -Residential Zones, 620, 621 and 624 are amended as follows: a) "RM-4 Medium Density Townhouse Residential" is amended by inserting "and Apartment" after "Townhouse"; b) "RM-5 Low Density Apartment Residential" is amended by inserting "Townhouse and" before "Apartment Residential": and Zone Amending Bylaw No. 7827-2022 Page 1 of 9 "e) the Floor Area of all Principal and Accessory Residential Buildings and Structures shall meet the current requirements of the Agricultural Land Commission Act and its Regulations;" 8. Maple Ridge Zoning Bylaw No. 7600-2019 is hereby amended to clarify that Shipping Containers may be converted for use in the construction of a Building or Structure in accordance with the British Columbia Building Code and Maple Ridge Building Bylaw No. 6925-2012, as amended: a) Part 4 -General Regulations, 402 Regulations for Permitted Uses of Land, Buildings, and Structures, 402.25 Shipping Containers, 402.25.1 is amended by inserting "or intended to be used for" after "used for"; and 402.25.1.a. is amended by inserting ", including a Sales Office," after "Office Use"; b) Part 4 -General Regulations, 402 Regulations for Permitted Uses of Land, Buildings, and Structures, 402.25 Shipping Containers, 402.25.2 is amended by inserting "subject to Section 1 above," after "Where permitted"; 402.25.2.c. is amended by deleting "4.5 metres" and replacing it with "3.5 metres"; and by inserting the following clause as 402.25.3. and renumbering the subsequent clause to 402.25.4: "3. Where permitted, Shipping Container may be converted to a Building or Structure for a permitted Use, subject to the following provisions: a. a Building Permit shall be required; b. shall be in compliance with the requirements of the Zone in which it is located; and c. all construction shall be in accordance with the British Columbia Building Code and the Maple Ridge Building Bylaw No. 6925-2012." 9. Maple Ridge Zoning Bylaw No. 7600-2019 is hereby amended to include maximum Gross Floor Area requirements for Temporary Residential Uses: a) Part 4 -General Regulations, 402 Regulations for Permitted Uses of Land, Buildings, and Structures, 402.27 Temporary Residential, 402.27.1 is amended by inserting the following clause after 402.27.1.b. and renumbering the subsequent clauses: "c. shall not exceed 40% of the total Gross Floor Area of the Building in which it is located;" b) Part 4 -General Regulations, 402 Regulations for Permitted Uses of Land, Buildings, and Structures, 402.27 Temporary Residential, 402.27.2 is amended by deleting the clause in its entirety and replacing it with the following: "2. On a Lot with a Lot Area of 0.4 hectares or greater, a Temporary Residential Use: a. shall be contained within the same Building as the Single Detached Residential Use and the Gross Floor Area shall not exceed 40% of the total Gross Floor Area of the Building in which it is located; or Zone Amending Bylaw No. 7827-2022 Page 3 of 9 b. shall be within a self-contained single-wide Manufactured Home certified under certificate Canadian Standards Association (CSA) Z240MH Series Manufactured Home, but shall not be within a Modular Home; and (i) the Gross Floor Area shall not exceed the Gross Floor Area of the Principal Residential Use; and (ii) shall be sited not less than: (a) from a Front Lot Line (b) from a Rear Lot Line (c) from an Interior Side Lot Line (d) from an Exterior Side Lot Line (e) from a Building used for Single Detached Residential 7.5 metres 7.5 metres 1.5 metres 4.5 metres 6.0 metres" 10. Maple Ridge Zoning Bylaw No. 7600-2019 is hereby amended to clarify a Gross Floor Area exemption for lots located within the Agricultural Land Reserve: Part 4 -General Regulations, 403 Regulations for the Size, Shape and Siting of Buildings and Structures, 403.3 Gross Floor Area Exemptions, 403.3.2. is amended by inserting the following at the end of the clause "Lots located within the Agricultural Land Reserve shall be excluded from this requirement." 11. Maple Ridge Zoning Bylaw No. 7600-2019 is hereby amended to clarify that barbed wire and razor wire are not permitted on Commercial zoned land within the Town Centre Area: a) Part 4 -General Regulations, 405 Landscaping and Fencing Regulations, 405.4 Fence Requirements, 405.4.7 is amended by inserting "wire" after "barbed"; and 405.4.7.a is amended by deleting "and"; b) Part 4 -General Regulations, 405 Landscaping and Fencing Regulations, 405.4 Fence Requirements, 405.4.7.b. is amended by deleting the clause in its entirety and replacing it with: "b. Commercial Zones, where the wire is located on a Fence above a Height of 2.0 metres, but shall not be permitted within the Town Centre Area as identified on Schedule "C" (Town Centre Area Plan) of this Bylaw; and c. Industrial or Institutional Zones, where the wire is located on a Fence above a Height of 2.0 metres." 12. Maple Ridge Zoning Bylaw No. 7600-2019 is hereby amended to revise setback requirements in the A-4 and R-4 zones: a) Part 5 -Agricultural Zones, 504 Zone: A-4 Intensive Greenhouse, 504.7 Setbacks is amended by inserting the following after 504.7.1. and renumbering the subsequent clauses: Zone Amending Bylaw No. 7827-2022 Page 4 of 9 d) Zone Amending Bylaw No. 7362-2017, was adopted on December 14, 2021, as follows: The following parcels or tracts of land and premises known and described as: Lot 1104 District Lots 279 and 281 Group 1 New Westminster District Plan 46939 PID 006-138-438. 11143 Princess Street; and outlined in heavy black line on Map No. 1964, a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to R-1 (Single Detached (Low Density) Urban Residential); e) Zone Amending Bylaw No. 7 483-2018, was adopted on December 14, 2021, as follows: The following parcels or tracts of land and premises known and described as: Lot 5 Section 9 Township 15 New Westminster District Plan 66081 PID 003-7 43-497. 28621104 Avenue; and Lot 13 Section 9 Township 15 New Westminster District Plan 66392 PID 003-765-156. 10455 287 Street; and outlined in heavy black line on Map No. 1965, a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to RS-3 (Single Detached Rural Residential); f) Zone Amending Bylaw No. 7563-2019, was adopted on December 14, 2021, as follows: The following parcels or tracts of land and premises known and described as: Lot 4 District Lot 398 Group 1 New Westminster District Plan 8380 PID 011-308-681. 11907 223 Street; and outlined in heavy black line on Map No. 1966, a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to RM-2 (Medium Density Apartment Residential); g) Zone Amending Bylaw No. 7 463-2018, was adopted on January 25, 2022, as follows: The following parcels or tracts of land and premises known and described as: Lot 5 Section 10 Township 12 New Westminster District Plan 7 480 PID 011-220-473. 24315 110 Avenue; Lot 6 Section 10 Township 12 New Westminster District Plan 7 480 PID 011-220-465. 24331110 Avenue; and outlined in heavy black line on Map No. 1967, a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to RS-1d (Single Detached (Half Acre) Residential); Zone Amending Bylaw No. 7827-2022 Page 7 of 9 h) Zone Amending Bylaw No. 7 484-2018, was adopted on January 25, 2022, as follows: The following parcels or tracts of land and premises known and described as: Lot 1 District Lot 396 New Westminster District Plan 15883 PID 010-157-484. 21963 Dewdney Trunk Road; Lot 2 District Lot 396 New Westminster District Plan 15883 PID 010-157-468. 21963 Dewdney Trunk Road; Lot 3 District Lot 396 New Westminster District Plan 15883 PID 005-171-491. 12029 220 Street; and outlined in heavy black line on Map No. 1968, a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to RM-5 (Low Density Apartment Residential); i) Zone Amending Bylaw No. 7 423-2018, was adopted on January 25, 2022, as follows: The following parcels or tracts of land and premises known and described as: Lot A Section 3 Township 12 New Westminster District Plan 21769 PID 010-522-450. 10386 240 Street; Lot B Section 3 Township 12 New Westminster District Plan 21769 PID 000-842-613. 24022 104 Avenue; Parcel D (Reference Plan 7139) East Half of North West Quarter Section 3 Township 3 New Westminster District PID 013-301-306. 24028 104 Avenue; Lot B Section 3 Township 12 New Westminster District Plan 13554 PID 009-832-955. 24060 104 Avenue; and outlined in heavy black line on Map No. 1969, a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to RM-1 (Low Density Townhouse Residential); j) Zone Amending Bylaw No. 7 495-2018, was adopted on April 12, 2022, as follows: The following parcels or tracts of land and premises known and described as: Lot 66 Section 22 Township 12 New Westminster District Plan 43885 and outlined in heavy black line on Map No. 1970, a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to RS-2 (Single Detached Suburban Residential); 16. Maple Ridge Zoning Bylaw No. 7600-2019 as amended is hereby amended accordingly. Zone Amending Bylaw No. 7827-2022 Page 8 of 9 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 Zone Amending Bylaw No. 7827-2022 ,20 ,20 ,20 ,20 CORPORATE OFFICER Page 9 of 9 1103TO: City of Maple Ridge His Worship Mayor Michael Morden and Members of Council MEETING DATE: FILE NO: FROM: Chief Administrative Officer MEETING: June 7, 2022 2020-413-RZ cow SUBJECT: Second Reading Zone Amending Bylaw No. 7699-2021 10366 240 Street EXECUTIVE SUMMARY: An application has been received to rezone the subject property, located at 10366 240 Street, from RS-2 (Single Detached Suburban Residential) to RM-1 (Low Density Townhouse Residential), to permit the future construction of approximately 30 townhouse units. Council granted first reading to Zone Amending Bylaw No. 7699-2021 on January 26, 2021. The minimum lot size for the RM-1 (Low Density Townhouse Residential) zone is 1,ooom2. This application is in compliance with the Official Community Plan. The application is proposing a density of 0.75 FSR, which is possible by utilizing the Albion Density Bonus provisions of the RM-1 (Low Density Townhouse Residential) zone. The applicant is enabled to increase the FSR from 0.60 to 0.75 in exchange for making a Density Bonus Amenity Contribution in accordance with Section 602 9 (1) of the Zoning Bylaw. This contribution is $3,100 per unit (30 x $3,100 per unit) for a total of $93,000. Pursuant to Council Policy 6.31, this application is subject to the Community Amenity Contribution Program at a rate of $4,100 per townhouse dwelling unit, for an estimated amount of $123,000, or such rate applicable at third reading of this application. RECOMMENDATIONS: 1. That Zone Amending Bylaw No. 7699-2021 be given second reading and 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 240 Street, 240A Street and the Lane 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 the protection of Visitor Parking; v) Registration of a Restrictive Covenant for Stormwater Management with a schedule describing maintenance requirements; 2020-413-RZ Page 1 of 6 vi) Removal of existing buildings; vii) In addition to the site profile, a disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks on the subject property. If so, a Stage 1 Site Investigation Report is required to ensure that the subject property is not a contaminated site. viii) That a voluntary contribution, in the amount of $123,000.00 ($4,100.00 x units}, 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. ix) That a voluntary contribution under the Albion Density Bonus Program, in the amount of $93,000.00 ($3,100.00 x units). DISCUSSION: 1) Background Context: Applicant: Legal Description: OCP: Existing: Proposed: Within Urban Area Boundary: Area Plan: OCP Major Corridor: Zoning: Existing: Proposed: Surrounding Uses: North: Use: Zone: Designation: South: Use: Zone: Designation: East: Use: Zone Designation: West: Use: Zone: Designation: Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing: Fraser Sewer Area: Flood Plain: 2020-413-RZ Kunwar Bir Singh Lot A Section 3 Township 12 Plan NWP13554 Medium Density Residential Medium Density Residential Yes Albion Area Plan Yes RS-2 (Single Detached Suburban Residential) RM-1 (Low Density Townhouse Residential) Vacant Lots RM-1 (Low Density Townhouse Residential) Medium Density Residential Single Family Residential and Multi-Family Residential R-3 (Single Detached (Intensive) Urban Residential and RM-1 (Low Density Townhouse Residential) Medium Density Residential Multi-Family Residential RM-1 (Low Density Townhouse Residential) Medium Density Residential Multi-Family Residential RM-1 (Low Density Townhouse Residential) Urban Residential Vacant Lot Townhouse Development 0.647 ha 240A Street Urban Yes No Page 2 of 6 New Tandem Parking and Zoning Bylaw regulations have been adopted as part of the updated Tandem Parking Policy. The Zone Amending Bylaw and accompanying Policy were adopted June 22, 2021, and the Off-Street Parking Bylaw, specifying new garage dimension requirements was adopted on July 13, 2021. As this application had already received first reading from Council on January 26, 2021, it is being allowed to proceed under the previous regulations, however, a Development Variance Permit is still required. The following variance to the Subdivision and Development Servicing Bylaw No. 4800-1993 is requested: The overhead wiring along 240 Street is to be varied by waving the requirement to convert the existing overhead utilities to underground wiring, in accordance with Council Policy 9.05 -Conversion of Existing Overhead Utility Wiring to Underground Wiring. v) Development Permits: Pursuant to Section 8. 7 of the OCP, a Multi-Family Development Permit application is required to ensure the current proposal enhances existing neighbourhoods with compatible housing styles that meet diverse needs, and minimize potential conflicts with neighbouring land uses. vi) Advisory Design Panel: The application was reviewed by the Advisory Design Panel at a meeting held on January 19, 2022 and their comments and the applicant's responses can be seen in Appendix G. A detailed description of the projects form and character will be included in a future development permit report to Council. vii) Development Information Meeting: Due to the COVID-19 pandemic, it was not possible for the developer to host an in-person Development Information Meeting. In lieu of Development Information Meetings, an interim process has been established to allow for a ten day Public Comment Opportunity. The notification requirements are the same as for the Development Information Meeting and include a mail-out, newspaper advertisements, and notice on the development signs that provides the contact information for the developer and the Public Comment period. The Public Comment Opportunity was held between April 11 and April 20, 2022. The developer received correspondence from three residents. A summary of the Public Comment Opportunity is attached to this report (see Appendix H). 5) Interdepartmental Implications: i) Engineering Department: The Engineering Department requires the following items be addressed: • Road dedication as required to meet the design criteria of the Subdivision & Development Bylaw • Utility servicing as required to meet the design criteria of the Subdivision & Development Bylaw 2020-413-RZ Page 5 of 6 CITY OF MAPLE RIDGE BYLAW NO. 7699-2021 A Bylaw to amend Schedule "A" Zoning Bylaw 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. 7699-2021." 2. That parcel or tract of land and premises known and described as: Lot A, Section 3, Township 12, Plan NWP13554 and outlined in heavy black line on Map No. 1859 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to RM-1 (Low Density Townhouse Residential). 3. Maple Ridge Zoning Bylaw No. 7600-2019 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the 26th day of January, 2021. READ a second time the PUBLIC HEARING held the READ a third time the day of day of day of ,20 -, 20 , 20 APPROVED by the Ministry of Transportation and Infrastructure this day of ,20 ADOPTED, the day of ,20 PRESIDING MEMBER CORPORATE OFFICER The potential solutions to address these concerns could include the following and we will work with the adjacent property owner to come to a compromise. • Adding a cedar hedge along the developments property boundary fence with the existing Willow complex. • Installing a privacy lattice screen along the eastern fence adjacent to unit 11 of the Willow complex • Relocating the 2 proposed liquid Ambers at the eastern end of the projects building 5 (unit 30) to more directly screen unit 11 of the Willow complex and planting one additional tree to increase the privacy. l<unwar Bir Singh Alvair Development Ltd. - 2 - 1104TO: City of Maple Ridge His Worship Mayor Michael Morden and Members of Council MEETING DATE: FILE NO: FROM: Chief Administrative Officer MEETING: June 7, 2022 2019-244-DVP 2019-244-DP cow SUBJECT: Development Variance Permit and Development Permit 12155 Edge Street EXECUTIVE SUMMARY: A Development Permit application has been received for the subject property, located at 12155 Edge Street, for a 209 unit RM-2 (Medium Density Apartment Residential) zoned residential market rental apartment building with parking for 238 vehicles. This application is subject to the Town Centre -North View Precinct Development Permit Area Guidelines, which establish the form and character of development in the Town Centre -North View Precinct. In conjunction with the Town Centre -North View Precinct Development Permit, the applicant has requested several variances to Zoning Bylaw No. 7600-2019 and the Off-Street Parking and Loading Bylaw No. 4350-1990 to facilitate the proposed development as follows: 1. Reduction of the setbacks for the buildings and projections at their closest points to the following lot lines: a. Front -from 7 .5m to 6.65m. b. North Side -from 7.5m to 6.15m. c. South Side -from 7.5m to 5.05m. d. Rear -from 7.5m to 6.85m. 2. Reduction of the front lot line setback for the parkade from 1.50m to O.Om. 3. Reduction of the required residential parking stalls for the two-bedroom units from 46 to 45 parking stalls. 4. Reduction of the required visitor parking stalls from 42 to 21 parking stalls. 5. Reduction of the required short term bike parking stalls from 63 to 20 stalls. Council considered rezoning application 2019-244-RZ and granted first reading for Zone Amending Bylaw No. 7567-2019 on July 23, 2019. Council granted second reading for Zone Amending Bylaw No. 7567-2019 on November 10, 2020. The application was presented at Public Hearing on December 1, 2020, and Council granted third reading on December 8, 2020. Council will be considering final reading for rezoning application 2019-244-RZ and Housing Agreement Bylaw No. 7855-2022 to secure all residential units as market rental units on June 14, 2022. RECOMMENDATIONS: 1. That the Corporate Officer be authorized to sign and seal 2019-244-DVP respecting property located at 12155 Edge Street; and further 2. That the Corporate Officer be authorized to sign and seal 2019-244-DP respecting property located at 12155 Edge Street. 2019-244-VP Page 1 of 9 DISCUSSION: a) Background Context Applicant: Legal Description: OCP: Existing: Proposed: Zoning: Existing: Proposed: Surrounding Uses: North: Use: Zone: Designation: South: Use: Zone: Designation: East: Use: Zone: Designation: West: Use: Zone: Designation: Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing requirement: Concurrent Applications: b) Project Description: Townline Homes Inc. c/o Mr Ross Moore Lot 305 Section 20 Township 12 New Westminster District Plan 46852 Low-Rise Apartment Low-Rise Apartment Land Use Contract L 7 4462 RM-2 (Medium Density Apartment Residential) Apartment CD-1-21 Medium Density Rental Apartment Residential Low-Rise Apartment Vacant Land RS-1 (One Detached Residential) Park Eric Langton Elementary School P-1 (Park and School) Institutional Apartment CD-5-94 (Apartment Use & Elderly Citizens Rec Assoc. Centre) Medium and High-Rise Apartment Vacant Purpose built rental apartments 0.706 ha. (1.72 acres) Edge Street Urban Standard 2019-244-RZ The subject property is located within the Downtown North View Precinct of the Town Centre Area Plan. The subject property is relatively flat with a rental apartment building located to the west and north, Eric Langton Elementary to the east, and a vacant lot to the south. The proposed development contains a total of 209 market rental apartment units that will be secured with Housing Agreement Bylaw No. 7855-2022 which was considered for first, second and third reading at the May 24, 2022 Council Meeting. The total number of parking stalls provided is 238 stalls, requiring some relaxation of the resident parking (1 stall), visitor parking (21 stalls) and bike parking (43 stalls) requirements of the Off Street Parking and Loading Bylaw. These relaxations were noted in detail in the staff report of November 3, 2020 and at the December 1, 2020 Public Hearing. 2019-244-VP Page 2 of 9 3. Maintain cohesive building styles. New development in the North and South View should maintain a cohesive building style. New buildings should have consistent architectural and urban design setbacks, form, mass and height throughout the precinct. There is opportunity in these areas to explore a variety of building forms, including triplexes, fourplexes, row houses and townhouses. Colours should be harmonious, and materials sustainable. All new multi-family and commercial mixed-use buildings should create an attractive appearance to the street. "The building architecture features a colour palette consistent with the west coast modern aesthetic, commonly seen within the City of Maple Ridge and throughout the lower mainland. The building design features the repeated use of wood tones within the soffit and wrapping the level 1 & 2 portico features. The use of the wood tone clad porticos is intended to bring down the building scale at grade and create a consistent rhythm along the public frontages. The colour palette at the upper levels 3-5, uses a mix of whites and greys on the building face to further draw the eye to the wood tone accent features at the balcony & roof soffits." 4. Capitalize on important views. New development should capitalize on important mountain and/or river views. Existing streets and buildings should maintain and enhance these views. "The development as proposed contemplates two linear four-storey buildings orientated east/west, adjoined atop a 1 storey podium. The split between the two four-storey structures allows for a visual break in massing from Edge Street (East) and the Senior's Care Facility (West)." 5. Provide private and semi-private green space. New development should include attractive, private and semi-private green spaces. Front and back courtyards in multi-family developments and outdoor spaces should be designed to incorporate universal accessibility, reduce vandalism, and increase safety. "All ground level homes have access to a private outdoor yard space, while all homes within the above grade levels are provided with outdoor space in the form of balconies at minimum 6ft depths, capable of supporting planter boxes if desired by the resident. The proposal does also contemplate a mix of onsite outdoor common amenity usages including: shared garden plots, a dog run area, outdoor yoga space, outdoor bbq areas and a shared multi-use lawn." 2019-244-VP Page 4 of 9 6. Provide climate appropriate landscaping and green features. New development should provide landscape elements that reinforce the urban character and vibrancy of the Town Centre. Landscape elements should enrich the pedestrian-friendly character of streets in the precinct, moderate the internal building climate, manage stormwater on site, and reference the architectural quality of new buildings. Where feasible, mature trees should be retained, native vegetation should be planted, and green roofs and walls should be considered. "Preference in selecting the planting list was given to native & drought resistant species. The use ,of elevated planters with a mix of leafy trees and hedging will offer shade and aid in shielding the wind specifically on the courtyard and garden suite levels. The onsite storm detention/retention facility is designed for water re-use within the onsite irrigation system and at the shared garden plots. The courtyard level utilizes above grade planters for the demising of private patios and the common amenity space and features a central lawn which will a/so aid on-site rain water retention." 7. Maintain street interconnectivity. New development should maintain street interconnectivity and the traditional use of the lane as a service street and secondary vehicular and pedestrian throughway. Allocated parking areas should not intrude upon the urban, pedestrian-oriented quality of the Town Centre. "The proposal contemplates an upgraded public pathway on the north side of the property. The pathway will have direct connections to the garden level homes abutting along the north building face. The proposal a/so provides for onsite common pathways on the west and south sides of the development which connect directly to the public sidewalk on Edge Street & the future north pathway. The onsite pathways offer residents within the garden level suites on the west and south sides of the development direct, private access from their front yards to the public thoroughfares adjacent." Based on the above review and analysis, the proposed development is in compliance with the Key Guideline Concepts of Town Centre -North View Development Permit. Zoning Bylaw The associated rezoning application proposes to zone the subject property RM-2 (Medium Density Apartment Residential) and terminate the historical Land Use Contract to permit a 209-unit market rental residential apartment complex. The proposal includes variances to the front yard and both side yard setbacks in the RM-2 zone to facilitate architectural design features as well as the underground parking structure. The proposal also proposes reductions to the parking requirements. 2019-244-VP Page 5 of 9 d) Variance Analysis: The Zoning Bylaw No. 7600-2019 establishes general minimum and maximum regulations for single family development. A Development Variance Permit allows Council some flexibility in the approval process. The variances being requested are: 1. Maple Ridge Zoning Bylaw No. 7600-2019, Part 6, Section 618.7, (1) and (2) are by reducing the setbacks and allowing projections as well as underground structure for parking as follows: Detail Zoning Bylaw Proposed Zoning Bylaw Proposed Total Setback to Reduced Permitted Projection Variance Property Line Setback to Siting into Amount (building Property Line Exemption Setback (Total setback) (building Projection setback-Past Siting projection past Exemption) siting exemption) Front (East) Balcony 7.5m 6.65m 1.25m 2.1m 0.85m Face and canopy Rear (West} Balcony 7.5m 6.85m 1.25m 1.9m 0.65m Face Side (North} Balcony 7.5m 6.15m 0.6m 1.95m 1.35m Face Side (South} Balcony Face& 7.5m 5.05m 0.6m 3.05m 2.45m Parkade Overhang Front (East} underground 1.50m O.Om 1.50m 1.50m 1.50m structure parkade The reduction in the setback to the property lines are minor in nature which permit additional architectural features to the proposed buildings. The reduction to the underground parkade structure setback to the front lot line is minor in nature and will aid in facilitating the required parking requirements. 2019-244-VP Page 6 of 9 e) Advisory Design Panel: The Advisory Design Panel (ADP) reviewed the form and character as well as the landscaping plans for the proposed 209-unit apartment development at a meeting held on March 18, 2020 and the following resolution was carried: "That application No. 2019-244-DP be supported and the following concerns be addressed as the design develops and submitted to Planning staff for follow-up: Architectural Comments: • Consider working on the articulation on the south elevation of Building 1 and the north elevation of Building 2 to reduce the length of the elevation. • Consider adding variation to the roofline on the south elevation of Building 1 and the north elevation of Building 2. • Consider adding a variation of textures and colours on the south elevation of Building 1 and the north elevation of Building 2 to reduce the length of the elevation. • Provide more light access through the south elevation. • Add more prominence to the lobby entrances for Building 2 and improve visibility. Landscape Comments: • Review fence and patio wall at public walkway to determine if an alternate material or additional plantings can be added to the walkway at ground level. • Keep materials for all planters consistent around the entire perimeter. • Consider supplementing landscaping along the south property line to provide separation between dog park and fence. • Consider deleting the 4 foot tall picket fence and 6 foot tall metal gates along the Edge Street frontage. • Ensure sufficient bicycle parking. • Provide more natural light to the courtyard. • Review the use of sod lawn in 2nd floor amenity area based on available light levels. • Consider relocation of yoga deck to an area with more privacy. • Consider providing direct access from the business centre to the sidewalk. • Consider the addition of a coffee shop or small retail beside the business centre. • Add more prominence to the lobby entrances for Building 2 and improve visibility. • Consider direct access to park from the development. " The Project Architect and Landscape Architect have responded to each of the resolutions as listed in Appendix G and reflected in the current Plans (see Appendices E and F). Staff can support the development as proposed based on the response to the recommendations of the ADP. 2019-244-VP Page 8 of 9 f) Citizen/Customer Implications: In accordance with the Development Procedures Bylaw No. 5879-1999, notice of Council consideration of a resolution to issue a Development Variance Permit was mailed to all owners or tenants in occupation of all parcels, any parts of which are adjacent to the property that is subject to the permit. CONCLUSION: The proposed variances are supported for the reasons described above, it is therefore recommended that this application be favourably considered and the Corporate Officer be authorized to sign and seal Development Variance Permit 2019-244-DVP. As the development proposal complies with the Town Centre -North View Development Permit Guidelines of the OCP for form and character, it is recommended that this application be favourably considered and the Corporate Officer be authorized to sign and seal Development Permit 2019-244-DP. "Original signed by Wendy Cooper" Prepared by: Wendy Cooper, M.Sc., MCIP, RPP Planner "Original signed by Lisa Zosiak" for Reviewed by: Charles R. Goddard, BA, MA Director of Planning "Original signed by Christine Carter" Approved by: Christine Carter, M.PL, MCIP, RPP GM Planning & Development Services "Original signed by Christine Carter" for Concurrence: Scott Hartman Chief Administrative Officer The following appendices are attached hereto: Appendix A -Subject Map Appendix B -Ortho Map Appendix C -Site Plan Appendix D -Proposed Variances Appendix E -Building Elevations Appendix F -Landscape Plans Appendix G -Advisory Design Panel Minutes Appendix H -Applicant's Response to Advisory Design Panel Comments 2019-244-VP Page 9 of 9 Advisory Design Panel Minutes March 18, 2020 Page 2 of 3 R/2020-010 It was moved and seconded That the Advisory Design Panel support that the Draft Ground-Oriented Infill Residential Housing Development Permit Guidelines be forwarded to Council for consideration. Note: Amanda Grochowich left the meeting. 5.2. Development Permit No: 2019-244-DP The project team provided an overview of the 5 storey, 212 unit, wood frame rental apartment building project and answered questions from the Advisory Design Panel members. R/2020-011 It was moved and seconded CARRIED That application No. 2019-244-DP be supported and the following concerns be addressed as the design develops and submitted to Planning staff for follow-up: Architectural Comments: • Consider working on the articulation on the south elevation of Building 1 and the north elevation of Building 2 to reduce the length of the elevation. • Consider adding variation to the roofline on the south elevation of Building 1 and the north elevation of Building 2. • Consider adding a variation of textures and colours on the south elevation of Building 1 and the north elevation of Building 2 to reduce the length of the elevation. • Provide more light access through the south elevation. • Add more prominence to the lobby entrances for Building 2 and improve visibility. Landscape Comments: • Review fence and patio wall at public walkway to determine if an alternate material or additional plantings can be added to the walkway at ground level. • Keep materials for all planters consistent around the entire perimeter. • Consider supplementing landscaping along the south property line to provide separation between dog park and fence. • Consider deleting the 4 foot tall picket fence and 6 foot tall metal gates along the Edge Street frontage. • Ensure sufficient bicycle parking. • Provide more natural light to the courtyard. • Review the use of sod lawn in 2nd floor amenity area based on available light levels. • Consider relocation of yoga deck to an area with more privacy. • Consider providing direct access from the business centre to the sidewalk. • Consider the addition of a coffee shop or small retail beside the business centre. • Add more prominence to the lobby entrances for Building 2 and improve visibility. • Consider direct access to park from the development. CARRIED OPPOSED: Stephen Heller 5.3. . Development Permit No: 2019-065-DP Advisory Design Panel Minutes March 18, 2020 Page 3 of 3 The staff liaison provided an overview of the revised proposal which was resubmitted for ADP review due to modifications that were outside of the original scope. The project team presented the revised project plans and noted modifications that were made based on the ADP's feedback at the September 18, 2019 meeting. R/2020-012 It was moved and seconded That application 2019-065-DP be supported as presented and the applicant proceed to Council for approval. 6. PROJECTS -Nil 7. CORRESPONDENCE-Nil 8. ADJOURNMENT -6:53 pm. Stephen Heller, Chair /em CARRIED 1171 Child Care Centre Lease Agreement LEASE AGREEMENT THIS LEASE dated the day of 20 is BETWEEN: AND: CITY OF MAPLE RIDGE, a corporate body having its office at 11995 Haney Place, Maple Ridge, B.C. V2X 6A9 (Hereinafter called the "City") YMCA OF GREATER VANCOUVER, having an office address at #10 -620 Royal Avenue, New Westminster, B.C. V2M 1J2 (Hereinafter called the "Lessee") WHEREAS: A. The City is the fee simple owner of that certain building having a municipal address of 24165 104th Ave, Maple Ridge, BC, shown on the sketch plan attached hereto as Schedule "A", and known as the Albion Community Centre and herein referred to as "the Premises". B. The Lessee wishes to lease a portion of the Albion Community Centre from the City in order to operate a child care centre and the City agrees to grant this Lease to the Lessee. C. The portion of the Albion Community Centre herein referred to as the "Lease Area" contains 1726 square feet, as shown outlined in red on Schedule A annexed hereto. D. The portion of the outdoor enclosed play area herein referred to as the "Outdoor Area" contains 1150 square feet, as shown outlined in red on Schedule A annexed hereto. NOW THEREFORE THIS AGREEMENT WITNESSES that, in consideration of the mutual covenants contained in this Agreement and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged by the parties hereto), the City and the Lessee hereby agree as follows. 1. Demise 1.1. The City hereby grants to the Lessee this lease (the "Lease") to use the Lease Area in the Premises for the Purpose of operating a child care centre on the terms and conditions set out in this Lease as well access and exclusive use of the Outdoor Area during the Term, and access and use to four (4) contiguous parking spots in the parking lot of the Premises (to be located in reasonable proximity to the entrance of the Premises, subject to existing requirements for location of handicapped parking spaces and agreements with third parties) during the Term. 1.2. The execution of the Lease by the Lessee constitutes an acknowledgment by the Lessee that it has inspected the Lease Area and the Outdoor Area and is satisfied with the condition of the thereof. 2. Term -The Term of the Lease shall be for a period of 5 years commencing on July 1, 2022 and expiring on June 30, 2027, with an anticipated Possession Date thirty (30) days after the completion of Landlord's Work and Tenant's Work (the "Fixturing Period") described in Schedule "E" and Schedule "F" attached hereto. The Page 1 of22 Lessee shall pay no Minimum Rent or Additional Rent prior to Possession Date, but must carry the required insurance as described in Section 7.5, and all of the City's rules and terms of this Lease will continue to apply. At the commencement of the Term, and prior to the Possession Date, the Lessee and/or Lessee's agents shall be permitted access to the Lease Area at reasonable times, and with notice to the City for the purpose of measuring and/or planning of the Tenant's Work. The Lessee and their contractor may at its sole discretion occupy the Lease Area jointly with the City and City's contractor and agents during the Fixturing Period, in accordance with the provisions crf Schedule "E" and for the purpose of completing Tenant's Work as set out in Schedule ,iF". In the event that Landlord fails to deliver the Lease Area with Landlord's Work complete within thirty (30) days of the commencement of the Term, Lessee will be entitled to two (2) days of free rent for each day of delay accruing thereafter until the actual Possession Date when Lessee is able to occupy Lease Area. 3. Renewal -Upon expiration of the Term, and upon written request from the Lessee the City may at its sole discretion renew or not renew the Term for a further, two (2), five (5) year terms (each a "Renewal Term") on the following conditions: 3.1. Provided the Lessee is not in default of the Lease, the City will provide notice of the option to renew the lease at least ninety (90) days prior to the expiration of the term for the same terms and conditions contained in the Lease except for Minimum Rent and Additional Rent (as the terms are defined below), any right to renew, any fixturing periods, free rent allowances, any requirement of the City to do any landlord's work, or any other tenant inducements. 3.2. The Minimum Rent for the Renewal Term shall be agreed upon between the parties within sixty (60) days of the Renewal Term, and shall be based on the prevailing fair market rent for improved premises of similar size, quality, use and location, in a building of similar size, quality and use in the same city, but in no event shall the Minimum Rent for the Renewal Term be less than the annual Minimum Rent payable in the last year of the Term. 4. Minimum Rent 4.1. In consideration of the Lease granted herein, the Lessee shall pay to the City the sum of the Minimum Rent set forth in, and as set out in, Schedule "C" and Additional Rent described in Section 5 (together the Minimum Rent and the Additional Rent are the "Rent") via electronic funds transfer within fourteen (14) days upon being invoiced by the City at the conclusion of each three-(3) month period in the Term. The Lessee shall remain responsible for all sums payable to the City under this Agreement as they become due. On the first day of each subsequent year of the Term, the Minimum Rent shall be adjusted to increase over the previous year by the greater of: (a) 2% or (b) Consumer Price Index increase over the previous year. In no event shall the Minimum Rent be decreased due to changes in the Consumer Price Index. For purposes hereof "Consumer Price Index" shall mean Statistics Canada, Table 18-10-0005-01 Consumer Price Index, annual average, not seasonally adjusted, "All-Items". 4.2. The Lessee acknowledges and agrees that it is intended that this Lease shall be a completely net Lease to the City except as shall be otherwise provided in the specific provisions contained in this Lease, and that the City shall not be responsible during the Term for any costs, charges, expenses, and outlays of any nature whatsoever associated or arising from the use of the Lease Area, and the Lessee (except as shall be otherwise provided in the specific provisions contained in this Lease) shall pay all charges, impositions, and costs of every nature and kind relating to the Lease Area whether or not referred to herein and whether or not within the contemplation of the City or the Lessee, and the Lessee covenants with the City accordingly. Page 2 of22 5. Additional Rent 5.1. Property Taxes: The Lessee shall pay all realty taxes levied or assessed against the Lease Area calculated on a proportionate share basis on the ratio of (a) leasable area of the Lease Area to (b) total leasable area of the building. 5.2. Operating Costs (CAM): Common Area Maintenance (CAM) costs shall not exceed $1.60 per square foot of the first year of the Term (calculated as $1.60 x 1668 square feet= $2669.00 in the first year of the Term given the available provincial grant for the construction of a facility in use for the Purpose, and following years to be calculated at Pro rata basis after year end true-up to a maximum cost of $5,178.00/year). The City shall at all times maintain the common areas of the Premises in good repair. CAM costs will include: a) Parking b) Water & Sewer c) Hydro & Gas d) Wifi e) Garbage Collection (Exterior bin only) f) Recycling Collection (Exterior bin only) g) Landscaping h) Management Fee i) Snow Removal (Parking lot only) For each subsequent year of the Term, the Lessee's contribution to operating costs shall be the demonstrated actual increase in Common Area Maintenance costs representing the Lessee's proportionate share on a full pro rata basis (leasable area of the Lease Area over total leasable area of the Premises), of the City's normal expenses incurred in operation and maintaining the common areas of the Premises only and shall not exceed $3.00 per square footjyear in any year for the term of the lease to a maximum cost of $5,178.00/year. Such costs shall expressly exclude, without limitation, the following which will be the City's responsibility: original acquisition cost, any costs of a capital nature (including any depreciation or amortization of any such capital costs) including capital taxes; any costs, commissions or expenses of leasing or improving individual premises; any Lessee inducements or improvement or fixturing allowance; interest or other financing charges; reasonable wear and tear to the Lease Area; all fines, suits, claims, demands, actions, costs, charges and expenses of any kind for which City is liable; and structural (including roof and roof membrane) repairs and replacements. CAM is calculated as per the values detailed in the following table. ITEM VALUE Total GLA Area: 12,099 square feet YMCA Daycare 1668 square feet Area YMCA Percentage 14% Area Total Projected $229,232.00 CAM Costs 2022 YMCA CAM Costs Approximately $32,092.00 per annum at (2022) $1.60 per square foot per month -capped in 2022 at $2669 and in subsequent years of the Term at $5,178 by agreement between the parties Page 3 of22 6. Purpose -The Lessee shall use the Lease Area only for operating and providing child care services and for other purposes necessarily incidental thereto, and for no other purposes without the prior written consent of the City, which may be arbitrarily denied by the City. 7. Lessee's Covenants -The Lessee covenants with the City as follows: 7.1. Rent To pay the Rent on the days and in the manner provided herein and to pay all other amounts, charges, costs, and expenses as are required to be paid by the Lessee to the City or to others under this Lease. The Lessee will produce to the City from time to time at the request of the City satisfactory evidence of the due payment by the Lessee of all payments required to be made by the Lessee under this Lease. 7 .2. Taxes and Fees To pay when due every tax and license fee (including penalties for late payment thereof) in respect of any activity carried on in or upon the Premises related to the operation of a child care facility, or in respect of the occupancy or use of the Premises whether such taxes or fees are charged by a municipal, federal or provincial government or other body. And in addition, the Lessee must pay all taxes, rates, rents or assessments against any improvements, fixtures, machinery, equipment or like chattels erected or placed upon or affixed to the Lease Area by or on behalf of the Lessee or assessed against the business carried on by the Lessee therein, whether or not the statement or notice of any such taxes, rates, Leases or assessments are rendered by the City. 7.3., Permitted Use To occupy and use the Lease Area only for the Purpose set out within this Lease and not to use or permit to be used for any other purpose. 7.4. Utilities To pay, as when due, all rates for utilities supplied to or used upon the Lease Area through submetering and not otherwise attributed to the City. 7.5. Insurance To maintain insurance for the Lessee's property and by others for which property the Lessee is responsible located in the City's building, including equipment, and fixtures its leasehold improvements, furnishings and personal effects sufficient to cover, on a replacement cost basis without deduction for depreciation, all such items, and: a) comprehensive form boiler and machinery insurance on a blanket repair and replacement basis with limits for each accident in an amount not less than the full replacement cost of all leasehold improvements and all property in the Lease Area not owned by the City; b) comprehensive general liability insurance in an amount of not less than $5,000,000 per occurrence listing the "City of Maple Ridge" as "additional insured' on the policy, and to provide the City with a copy of the insurance policy; c) legal liability insurance for the full replacement cost of the Lease Area including loss of the use of the Lease Area; d) business interruption insurance for a minimum period of twelve (12) months in an amount that will reimburse the Lessor for Rent and direct or indirect loss of earnings attributable to all perils insured against in this Section 7 .5 or attributable to prevention of access to the Lease Area as a result of any such perils, including extra expense insurance if applicable; and e) Any other form of insurance that the City may reasonably require from time to time in form, amounts and for insurance risks acceptable to the City Page 4 of22 f) Should the Lessee fail to maintain any of the insurance required pursuant to this Section 7.5 and should such default continue for two (2) Business Days after Notice to the Lessee, then in addition to any other rights and remedies, the City may, but shall have no obligation to, elect to obtain the required insurance and the Lessee shall upon demand pay to the City, as Rent, the City's cost of obtaining such insurance. The Lessee agrees not to do, omit to do, or permit to be done or omitted to be done upon the Premises and Lease Area anything which would cause the City's cost of insurance to be increased (and, without waiving the foregoing prohibition, the City may demand, and the Lessee shall pay to the City upon demand, the amount of any such increase of cost caused by anything so done or omitted to be done) or which shall cause any policy of insurance to be subject to cancellation. 7. 6. Inspection That the Lessee has caused the Lease Area to be inspected and admits that the same are at the date first above mentioned in a good and substantial state of repair and that the same are clean and in a satisfactory and sanitary condition. 7. 7. Cleanliness To at all times keep the Lease Area and every part thereof in a clean, healthy, sanitary and tidy condition acceptable to the City and to observe all rules, regulations and directions of any government body or agency, including the City, relating to cleanliness, safety, sanitation, garbage and maintenance of the Lease Area, and not to permit waste, garbage, recycling or objectionable material from the Lease Area to accumulate in or around the Premises. 7.8. Repair and Replace That the Lessee shall, at the Lessee's expense, during the Term and any renewal thereof well and sufficiently repair and replace (excluding all structural repairs, electrical, plumbing, heating, air-conditioning and all other mechanical systems and replacements), maintain, amend and keep the Lease Area, and every part thereof and improvements thereon (including the fixtures) in good and substantial repair, when, where and so often as need shall be, damage by fire and other risks against which the City is insured excepted provided however that, notwithstanding the foregoing: a) the Lessee shall repair and make good any damage caused by the Lessee or any of its employees, agents invitees or Leases; b) the Lessee shall use the City's work request system and contractors for any repairs or replacements to the plumbing, electrical and sewerage systems and other mechanical systems in the Premises; c) the Lessee will monitor access of contractors in the Lease Area during operating hours; and d) the Lessee shall carry out such maintenance in accordance with Schedule G attached hereto. 7.9. Notice To give the City or its agents prompt notice of any defect in the water or other pipes or fixtures, heating apparatus, electric or other wires and mechanical systems, and of visual structural defects in the Premises. 7.10. Compliance The Lessee shall abide by and comply with all laws, by-laws, rules regulations and requirements of every Page 5 of22 federal, provincial, municipal or other authority or any body of fire insurance underwriters which in any manner now or in the future relates to or affects the Premises and the use of and/or the business carried on and conducted therein. 7.11. Assignment The Lessee shall not: a) assign or mortgage this Lease without the prior consent in writing of the City, which may be arbitrarily withheld; or b) sublet the Lease Area or any part thereof or otherwise part with possession, in any manner whatsoever, of the Lease Area or any part thereof, without the prior consent in writing of the City, Any request for such consent shall be in writing and accompanied by details of the proposed assignment or subletting together with all information available to the Lessee and requested by the City as to the responsibility, reputation, financial standing and business of the proposed assignee or sub-Lessee. 7.12. Nuisance That the Lessee will not carry on nor allow to be carried on, done or maintained on the Lease Area any work, business, occupation or thing which may be deemed a nuisance or which may be offensive or annoying to the City or any other Lessee of the City or any other occupant of lands adjacent to the said lands or be improper, noisy or contrary to any law or to any municipal by-law for the time being in force or by which the Premises shall be injured or which may increase the hazard of fire or liability of any kind or which may increase the premium rate of insurance against loss by fire or liability upon the Premises (and, without waiving the foregoing prohibition the City may demand and the Lessee shall pay to the City upon demand, the amount of any such increase of cost) or cause the cancellation of or invalidate any policy of insurance of any kind upon or in respect of the same and the Lessee shall not bring any explosive or inflammable materials onto the Premises. 7.13. Improvements That the Lessee will provide all leasehold improvements as are necessary to operate with the Permitted Use at no cost to the City. The City must approve the design and quality of the leasehold improvements prior to construction or installation of the same, and provided that the Lessee will not make or construct any alterations, additions or improvements in the Lease Area nor install any plumbing, piping, wiring or heating apparatus or other mechanical systems therein without the written permission of the City first had and obtained (and which permission the Lessee acknowledges the City may arbitrarily withhold) and at the end or sooner determination of the Term the Lessee will restore the Lease Area or any part thereof, to their condition as at the commencement of the Term reasonable wear and tear only excepted, if called upon to do so by the City. Any fixtures, whether built or installed in or on the Lease Area during the Term (or any renewal thereof), shall remain in the possession of the City at the end of the Term (or any renewal thereof, and unless agreed otherwise in writing by the parties prior to the fixtures being affixed to the Premises, or if the City requires the Lessee to remove the fixtures at the expiry of the Term (or any renewal thereof), in which case the Lessee shall remove such fixtures at their expense and, in_ such removal, do no damage to the Premises, or shall make good any damage which the Lessee may occasion by such removal, the Lessee hereby grants to the City a security interest in the Lessee's right, title, and interest in all present and after-acquired property of any kind, including property that is now or hereafter affixed or built into the Premises, as security for all present and future obligations of the Lessee to the City under the Lease in accordance with the following: a) This security interest secures a running account and will not be discharged if the Lessee is not indebted to the City at any particular time or times; b) In the event of any default under this Lease, in respect of which the City has given notice to the Page 6 of22 poisonous, inflammable or explosive matter or substance to be discharged into the drains or sewers in the Premises or on the said lands or lands adjacent thereto, and will take all reasonable measures for ensuring that any effluent discharged will not be corrosive, poisonous or otherwise harmful, or cause obstruction, deposit or pollution within the Premises or the said lands. 7.19. Vehicle Obstruction That the Lessee shall not permit any vehicles belonging to the Lessee or its employees or persons delivering supplies and goods to the Premises to cause obstruction on any roads or driveways about the Premises. 8. The City Covenants -The City covenants and agrees with the Lessee 8.1. For quiet enjoyment. 8.2. Structure Maintenance and Repairs To maintain the structure of the Premises and the surrounding common areas, including repairs to the roof, outside walls, foundations and paved areas save for damage caused thereto by the wrongful or negligent acts of the Lessee or its employees or agents. The City shall provide, maintain and keep the Premises in good order to a standard commensurate with the Lessee's licensing requirement for a childcare facility, including meeting the hvac, temperature control and WCB standards/requirements for like facilities. 8.3. Rights The City may from time to time resort to any or all of the rights and remedies available to it in the event of any default hereunder by the Lessee, either by any provision hereof or by statute, at law or equity all of which rights and remedies are intended to be cumulative and not alternative, and the express provisions hereunder as to certain rights and remedies are not to be interpreted as excluding any other or additional rights and remedies available to the City at law or equity. The City shall have the same rights and remedies in the event of any nonpayment by the Lessee of any Additional Rent payable by the Lessee under any provision hereof whether or not such amounts are payable directly to the City, as in the case of a non-payment of Rent. 8.4. Rent If the Lessee shall fail to pay any Rent from time to time promptly when due, the City shall be entitled, if it shall deem it, to interest thereon at a rate of five percent (5%) per annum in excess of the rate of interest published from time to time by the main branch in Vancouver, British Columbia, of the City's bank, as it most favorable rate of interest to its most creditworthy and substantial commercial customers commonly known as its Prime Rate, from the date upon which the same was due until actual payment thereof. 9. Other Covenants -The parties hereto mutually agree as follows: 9 .1. Month to Month It is hereby agreed that if the Lessee shall hold over other than by way of renewal after the expiration of the Term or any renewal thereof and the City shall accept rent, the new tenancy thereby created shall be a tenancy from month to month and not a tenancy from year to year. 9.2. Default by Lessee If the Lessee from time to time fails to observe or perform any of the covenants on its part herein contained Page 8 of22 or to make any payments required to be made by it or carry out any repairs according to notice given by the City, the City may perform such covenants or make such payments in whole or in part together with interest charged thereon or may enter and make or cause to be made such repairs, as the case may be, but the giving of any such notice or the making of any such payment or performing of such covenants or the undertaking of any such repairs by the City shall not be deemed an acknowledgement or admission of any liability or responsibility on the part of the City. Any payment so made and the costs of performing any of such covenants or of any repairs so made or caused to be made and any damage, loss or expense suffered or incurred by the City (including all legal fees on a solicitor and client basis) by reason of any failure of the Lessee to observe and comply with any of the covenants of the Lessee herein contained shall immediately become payable by the Lessee to the City as Additional Rent. 9.3. Damage or Destruction of Demised Premises In the event that the Premises or a portion thereof are damaged or destroyed by fire, an Act of God or any other similar event beyond the control of the City or Lessee, and the Premises or a portion thereof are in the opinion of the City rendered untenantable for its intended purposes, the City may at its option give notice to the Lessee to terminate the Lease, and in such event rent and any charges hereunder shall forthwith become payable up to the date of such damage or destruction, and the City shall not be liable to the Lessee for any damages suffered by the Lessee, including injury, loss of profit, loss of business, or reason that may be suffered or sustained by the Lessee or any employee, agent, Lessee or invitee of the Lessee or any other person who may be upon the Lease Area or the Premises or the said lands, or for any loss of or damage to any property belonging to the Lessee or to its employees, agents, Lessees or invitees or any other person while such employees, agents, Lessees, invitees, or persons or property are on the Lease Area, the Premises or the said lands. Under no circumstances shall the City be liable for indirect or consequential damage or damages for personal discomfort or illness due to any cause or reason including, but without limiting the generality of the foregoing, the heating or air conditioning (if any) of the Lease Area or the Premises or the operation of the plumbing or other equipment in the Premises or in the Lease Area. It is hereby agreed that the City shall not be responsible for any loss, damage or expense to the Lease Area or anything therein contained arising from any matter or thing whatsoever including, without limiting the generality of the foregoing, any loss, damage or expense incurred by any overflow or leakage of water from any part of the Lease Area, the Premises, the said lands or any adjoining buildings or premises, or occasioned by the use of water or by the breaking or bursting of any pipes or plumbing fixtures, or any other manner, or by seepage from adjoining lands or premises or by an accident or misadventure to or arising from any electrical wiring and/or appliances. 9.4. Lessee Joint Responsibility If the Lessee hereunder shall be more than one person or entity, the covenants, provisos, conditions and agreements herein contained on the part of the Lessee herein shall be both joint and several covenants. 9.5. Governing Law This Lease shall be construed and governed by the laws of the Province of British Columbia. All of the provisions of this Lease are to be construed as covenants and agreements as though the words importing such covenants and agreements were used in each separate paragraph hereof. Should any provisions of this Lease be illegal or not enforceable they shall be considered separate and severable from this Lease and its remaining provisions shall remain in force and be binding upon the parties hereto as though the illegal or unenforceable provision had never been included. 9.6. Time Page 9 of22 Time shall be of the essence of this Lease. 9.7. Notice Any notice, demand or request of any kind required to be given to any party must be in writing and may be given to or served on the parties hereto by email: marvin.rogers@gv.ymca.ca (to be provided at time of contract) or by personal service addressed to the party as follows: Qi1Y Parks, Recreation & Culture 11995 Haney Place, Maple Ridge, BC V2X 6A9 Attention: Business Operations Manager Lessee YMCA of Greater Vancouver #10 -620 Royal Avenue, New Westminster BC V3M 1J2 Attention: Marvin Rogers 9.8. Entirety of Agreement All Terms and Conditions will be that as detailed in this Lease, the RFP-PL21-32 documentation, any addenda issued thereto. The contract consists of the following documents and, where there is a conflict between the terms of these documents, the order of precedence will be the following: 1. Child Care Centre Lease Agreement; 2. Award Letter; 3. Addenda to the Request for Proposal RFP-PL22-2; 4. Request for Proposal Document RFP-PL22-2; 5. Proposal submission by the Proponent. Any notice which may or is required to be given under this Agreement shall be in writing and either be hand delivered or sent by email as per 9. 7 Notice. 9.9. Enuring Effect This Lease shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns. 9.10. References References to the City or the Lessee shall be read with such changes in gender as may be appropriate, and, where appropriate, the singular shall mean the plural and vice-versa. Page 10 of22 9.11. Disputes If any dispute shall arise between the parties hereto during the Term or in determining the Rent during the Renewal Term and the parties are unable to resolve the dispute, the parties shall jointly appoint a mutually acceptable mediator. The parties agree to participate in good faith in the mediation process for a period of thirty (30) days following the appointment of the mediator, or such other longer period as the parties may agree. If the parties are not successful in resolving the dispute through mediation, then the dispute shall be settled by a single arbitrator pursuant to the provisions of the of Commercial Arbitration Act, R.S.B.C. 1996, c. 55, as amended (or its successor statute). If the Lessor and Lessee cannot agree within ten (10) days of completion of the thirty (30) day mediation process upon a single arbitrator, then either party may apply to the Supreme Court of British Columbia for the appointment of the arbitrator. The decision of the arbitrator will be final and binding and will not be capable of appeal or judicial review. The costs of the mediation and arbitration will be shared equally between the parties. Costs will not include costs incurred by a party for representation by counsel. 9.12. Relationship It is understood and agreed that nothing contained in this Lease or in any acts of the parties hereto shall be deemed to create any relationship between the parties hereto other than the relationship of City and Lessee. 9.13. Overholding If the Tenant continues to occupy the Premises with the consent of the Landlord after expiry of the Term (or any renewal thereof) without any written agreement except the Lease, the Lessee shall be a monthly Lessee at a Minimum Rent equal to the Minimum Rent charged in the last month of the Term (or any renewal thereof) plus an additional fifty percent (50%) of the Minimum Rent, plus all other monies payable hereunder by the Lessee, and otherwise on the terms and conditions herein set out. 9.14. Indemnification The Lessee shall indemnify and save harmless the City from all liabilities, damages, losses or expenses growing out of: a) any breach by the Lessee of any covenant or condition in this Lease; b) any breach of any contract, lien or mortgage on the Premises or the Lease Area caused by any act or omission of the Lessee; a) any obligation of the Lessee arising or outstanding upon the expiration or earlier termination of this Lease; and b) any claim, expense, loss or demand arising from any bodily injury including death or property damage to the property of any person, firm or corporation occurring in the Lease Area. Such indemnity shall survive the termination of this Lease, anything in this Lease to the contrary notwithstanding. IN WITNESS WHEREOF the parties hereto have caused this Lease to be executed the day and year second above written. Page 11 of22 The Corporate Seal ofThe CITY OF MAPLE RIDGE was hereunto affixed in the presence of: (Authorized Signatory) (Printed Name and Title of Signatory) The COMMON SEAL OF _____ _ was hereunto affixed in the presence of: Authorized Signatory: (Printed Name and Title of Signatory) Authorized Signatory: (Printed Name and Title of Signatory) C/S C/S Page 12 of22 SCHEDULE "A" PREMISES (SKETCH PLAN/LEASE AREA OUTLINED IN RED) Page 13 of22 OUTDOOR AREA Page 14 of22 RFP-PL22-2 Child Care Operator -Albion Community Centre SCHEDULE"D" COMMON AREAS AVAILABLE FOR BOOKING AND USE • Multi-Use 1, 2, & 3 • Great Hall • Social Heart • Amphitheatre • Plaza Subject to alteration by the City and subject to all the City's procedures for booking and use. Page 17 of22 RFP-PL22-2 Child Care Operator -Albion Community Centre Schedule "E" Landlord's Work The following fixtures/equipment will be installed and/or provided by the City at the beginning of the Term: • Toilets, partitions & sinks in washroom in the Lease Area. • Sink and millwork in main space of the Lease Area. • Fencing enclosing the Outdoor Area to a specified height of 46 1/ 4 inches with a gate. • Outdoor Area surface finished with a rubberized concrete membrane suitable as a base for play equipment supplied by the Lessee. • Landlord to supply outdoor storage containers to be kept inside the locked Outdoor Area See Schedule G for Preventative Maintenance and Lifecycle Service Guidelines. Page 18 of22 RFP-PL22-2 Child Care Operator -Albion Community Centre Schedule "F" Tenant's Work See Schedule G for Preventative Maintenance and Lifecycle Service Guidelines. Page 19 of22 RFP-PL22-2 Child Care Operator -Albion Community Centre Schedule G Preventative Maintenance and Lifecycle Service Guidelines. Child Care Facility Preventative Maintenance and Lifecycle Service Guidelines Albion Community Centre Item Description Responsible to Perform the Work 1. Plumbing Systems a Preventative maintenance and repairs to hot water and LANDLORD cold water maintenance b Lifecycle replacement of hot water and cold water LANDLORD systems. c Minor repairs and replacement to fixtures and faucets Lessee including unplue:e:ing toilets and routine repairs. 2. Heating/Cooling Systems -HVAC a Preventative maintenance, inspection and repairs and LANDLORD service to fu mace. b Lifecycle replacement of boiler/furnace. LANDLORD c Maintain, repair and lifecycle for in floor heating (main LANDLORD space only) 3. Roofing-All a Roof inspections (annual) LANDLORD b Gutter and eaves troughs clean outs (annual) LANDLORD c Preventative maintenance and repairs to roof including LANDLORD fixing roof leaks. d Lifecycle replacement of roof and gutters according. LANDLORD 4. Fire Protection and Security Systems a Fire extinguishers in Lease Area: monthly inspection, Lessee repairs, recharging. b Annual inspection and Lifecycle replacement of fire LANDLORD extinguishers. c Smoke detectors: annual inspection, LANDLORD maintenance & repairs. d Lifecycle replacement of smoke detectors LANDLORD e Security system monitoring, inspection, maintenance and LANDLORD repair. If damage caused by Lessee than Lessee would be responsible to pay for the repair. 1 Lifecycle replacement of security system. LANDLORD g Repair and replacement of locks/keypad. If damage caused LANDLORD by Lessee than Lessee would be responsible to pay for the repair. h Rekeying of locks and making extra keys. LANDLORD 5. Lighting Systems exclusive to or within the Lease Area a Bulb/tube replacement for interior lighting. Ballast Lessee/LANDLORD replacement by Landlord. b Cleaning of interior light fixtures. Lessee c If fixtures damage caused by Lessee than Lessee would Lessee be responsible to pay for the repair or replacement. Responsible to Pay for the Work LANDLORD LANDLORD Lessee LANDLORD LANDLORD LANDLORD LANDLORD LANDLORD LANDLORD LANDLORD Lessee LANDLORD LANDLORD LANDLORD LANDLORD LANDLORD LANDLORD Lessee Lessee Lessee Lessee Page 20 of22 RFP-PL22-2 Child Care Operator -Albion Community Centre 6. Electrical Systems a Lifecycle replacement to existing electrical wiring and LANDLORD LANDLORD panels. b Maintenance, repair of wiring, breakers and electrical LANDLORD LANDLORD panels. c .. Repair or replacement of switches, receptacles, covers Lessee Lessee plates. d Additional enhancements to meet Lessee program needs Lessee Lessee including ongoing maintenance of enhancements. 7. Interior Surfaces on Lease Area a Lifecycle Painting of surfaces (walls and ceilings) as LANDLORD LANDLORD determined by Landlord. b Minor painting and repairs to interior walls (eg. chips) Lessee Lessee including colour changes. c Interior repairs as a result of system failures such as roof LANDLORD LANDLORD leaks, exterior walls and foundation leaks and structural damage not caused by Lessee occupation or operations. d Cleaning, maintenance and operational repair of floor Lessee Lessee coverings. e Lifecycle replacement of floor coverings LANDLORD LANDLORD 8. Windows -Interior and Exterior a Breakage and routine repair of interior and exterior LANDLORD LANDLORD windows. If damage caused by Lessee then Lessee would be responsible to pay for the repair. b Lifecycle replacement of exterior windows. LANDLORD LANDLORD c Cleaning of interior and exterior window surfaces Lessee Lessee including blinds and curtains. 9. Doors -Interior and Exterior a Cleaning of interior doors including hardware. Lessee Lessee b Breakage and routine repair caused by Lessee. Lessee Lessee c Lifecycle replacement of exterior and interior doors. LANDLORD LANDLORD 10. Utilities, Phone and Internet a Payment to utilities companies for electric, gas, LANDLORD LANDLORD water and sewer usage for the day to day operations of the building (Landlord to provide 'revenue-grade' submetering to Lease Area when possible, in which event the Lessee shall pay submetered amounts to Landlord on quarterly basis). b Payment of telephone, internet and cable services as Lessee Lessee applicable. 11. Janitorial for Lease Area a Routine janitorial services to maintain and clean the Lessee Lessee Lease Area on day to day basis including special events. b Provision of routine washroom supplies and equipment. Lessee Lessee Page 21 of22 1172 buildings such as the City Hall, community centres, public library, art gallery, museum, fire halls, and the Operations Centre. The Proposed Bylaw further clarifies unacceptable behaviour to support the safe and enjoyable use of public recreation and civic spaces for residents and visitors and a safe workplace for staff. The Proposed Bylaw provides the Chief Administrative Officer (CAO) or their designate with the ability to create rules for behavior and conduct in public places, parks, and recreation facilities. Such rules should be consistent with the Proposed Bylaw or other regulations and establish and enforce the consequences of contravening the rules of behaviour and conduct. Prohibited conduct under the Proposed Bylaw is expanded to include obstruction of free use and enjoyment of a public place, park, or recreation facility and interference, humiliation, or harassment of City staff. Additionally, new prohibitions were added for the use of tobacco, illicit drugs, marijuana, or vaping products within 7 .5 meters of any entrance to a public place, park, sports field, athletic surface, children's playground, or water play-park. The offenses and penalties are updated to recover the costs of prosecution and the potential maximum fine of $10,000, along with the possibility of imprisonment not exceeding three years. Specific changes in the proposed Bylaw include: Formatting, language Part 4.1 Part 7 Part 9.1.8 Part 9.1.17 Part 9.1.18 Part 9.1.19-9.1.22 Doc #3087033 Formatting of the City's Bylaw was changed to be consistent with other City Bylaws as requested by General Counsel and Executive Director, Legislative Service. The language was updated to include gender-neutral references (they/their). The definitions section of the bylaw was expanded to include definitions for Loitering, Off-Site Refuse, and Public Places to clarify each of the regulations contained in the Parks Bylaw. The Definition of "Public Place" is expanded to include all public plazas, public squares, and public buildings, including but not limited to, City Hall, any community center, public library, art gallery, museum, exhibition hall, Fire Hall, the Operations Centre, and any real or personal property or portions thereof owned by the City to which the public is ordinarily invited or permitted to be in or on. It also includes but is not limited to the grounds of public facilities or public buildings, public greenways, and public parkades or parking lots controlled by the City. Position titles are also updated. This section is updated with the Chief Administrative Officer authorized to administer the bylaw and delegate their authority in this regard. This section was included to prohibit various forms of vandalism of signage on City property. These sections were updated to expand prohibited behaviors and conduct to include threatening and dangerous behaviors. These sections were added to address obstruction of the use and enjoyment of a Public Place, Park or Recreation Facility; loitering in same; interference or obstruction to any employee in the performance of their duty in same and include harassing behaviors aimed at City Employees performing their duties. Page 2 of 4 City of Maple Ridge Public Places, Parks and Recreation Facilities Regulation Bylaw No. 7854-2022 Part 1 Part 2 Part 3 Part 4 Part 5 Part 6 Part 7 Part 8 Part 9 Part 10 Part 11 Part 12 Part 13 Part 14 Part 15 Part 16 Part 17 Part 18 Table of Contents Citation __________________________________________________________________________________________________________ 1 Severability ___________________________________________________________________________________________________ .1 Previous Bylaw Repeal ___________________________________________________________________________________ ,1 Definitions ---·------------------------------------------------------------------------------------------------.1 Application _____________________ ···----------········--------------········----·-·····················-···--·-··3 Duty of Administration and Enforcement __ ··-··--··········---------·····-···········---------··3 Delegation of Powers ____ ··-···--·-·--·-···--------------------·-··-···--··-···--····-·····----····------· 4 Park Hours ··-------··-------·--------·········--···········-·········--------------------------····---------···4 General Park and Recreation Facility Prohibitions ..... ----------·············----··-------·_4 Traffic in Parks ···-----------------·····--·-·-----·-·--···--·---········------···-·····-···-··--·····------···6 lmpoundment & Disposal __ ·-··---------------·------------------------·--··-----------------··--··--·--7 Animals in Parks--·----···--··-············--·-·-·····---··-···-------·····---------------·-----------------7 Sports Grounds····-----------------·----····--------------··-·········------···················-····-------··8 Loss of Access Rights-------------------··-------·--···-····-·······----------·······--···----···-------·· 8 Commercial Services and Activities --------------------------···----------------------------·····-·8 Special Event Permits _____ ···--------·-····-------------·---·-········-----····--·--------------··-----···9 Temporary Shelter -Public Places and Parks·--·····------------·-····-····-·-----···---------9 Offences and Penalties --------·····-···--·-··-·-······----·-·····-----------·······--··-----------------10 City of Maple Ridge Public Places, Parks and Recreation Facilities Regulation Bylaw No. 7854-2022 A Bylaw to regulate public buildings, public places, park property and recreational facilities in the City of Maple Ridge WHEREAS subsection 8(3) of the Community Charter authorizes the Council of the City of Maple Ridge to adopt bylaws to regulate, prohibit and impose requirements in relation to municipal services and public places; AND WHEREAS subsection 154(1) of the Community Charter authorizes the Council of the City of Maple Ridge to adopt bylaws to delegate its powers, duties and functions to officers or employees of the City; AND WHEREAS Council deems it necessary and desirable that it exercise these authorities to establish regulations governing the management of Public Places, Parks and Recreation Facilities intended for recreation and community uses and to delegate certain powers to staff regarding the use and conduct therein: NOW THEREFORE, the Council of the City of Maple Ridge enacts as follows: Part I Citation 1.1 This Bylaw may be cited as the Maple Ridge Public Places, Parks and Recreation Facilities Regulation Bylaw No 7854-2022. Part 2 Severability 2.1 If any portion of this Bylaw is held invalid by a Court of competent jurisdiction, then the invalid portion must be severed and the remainder of this Bylaw is deemed to have been adopted without the severed section, subsection, paragraph, subparagraph, clause or phrase. Part 3 Previous Bylaw Repeal 3.1 Parks and Recreation Facilities Regulation Bylaw No. 7085-2014 is repealed in its entirety upon adoption of this Bylaw. Part 4 Definitions 4.1 In this Bylaw: "Ancillary Activity" means any activity that complements or enhances the primary function of a Park or Recreation Facility. "Chattel" means a moveable item of personal property including, without limitation, a vehicle, a leased or rented dumpster or container, merchandise, fuel, wares of any nature, or signage. 1 Chief Administrative Officer" means the person appointed by Council pursuant to section 147 of the Community Charter., or their designate. "City" means the City of Maple Ridge. "Council'' means the elected members of the Municipal Council of the City of Maple Ridge. "Contaminant" means any substance, whether gaseous, liquid or solid, whether dissolved or suspended, that: a) injures or is capable of injuring the health or safety of a person; b) injures or is capable of injuring property or any life form; c) causes or is capable of causing material physical discomfort to a person; or d) damages or is capable of damaging the environment. "Drug Paraphernalia" means any goods, products, equipment, things or materials of any kind primarily used or intended to be primarily used to produce, process, package, store, inject, ingest, inhale or otherwise introduce into the human body a controlled substance as defined in Schedules I, II, or Ill of the Controlled Drugs and Substances Act as may be amended from time to time. "Enforcement Officer" means a Bylaw Compliance Officer, Community Safety Officer, a member of the RCMP, a member of the Maple Ridge Fire Department, a peace officer, and any other person designated to enforce the provisions of this Bylaw by the Chief Administrative Officer. "Natural Park Feature" means a tree, shrub, herb, flower, grass, turf or plant of any kind and all soil, sand, silt, gravel, rock, mineral, wood, fallen timber or other natural material within a Park. "Loiter" means to remain in an area without lawful excuse. "Off-Site Refuse" means all refuse, garbage, food remains and other waste generated by persons while they are not within a Park or Recreation Facility. "On-Site Refuse" means all refuse, garbage, food remains and other waste generated by persons using a Park or Recreation Facility while they are within the Park or Recreation Facility. "Organized Activity" means any activity which is pre-planned, involves a group larger than a single-family unit and which limits general public access to a portion of the Public Place, Park or Recreation Facility or any activity that involves instruction or training. "Organized Sport" means any game or sport which is played by three or more persons who play and/or practice together regularly as a team in a league or association. "Park" means and includes any real or personal property within the City used for public park and recreation purposes and includes all buildings and structures situated thereon and shall include any other parcel of land improved, maintained, developed or administered by the City such as school grounds, pursuant to direction from the Council. 2 "Posted Notice" means a sign or written notice which has been posted or affixed to a wall, post or notice board in a Public Place, Park or Recreation Facility or which has been set out in a brochure or map relating to the Public Place, Park or Recreation Facility. "Public Place" includes all public plazas, public squares and public buildings, including but not limited to City Hall, any community centre, public library, art gallery, museum, exhibition hall, fire hall, City operations yard and any real or personal property or portions thereof owned by the City to which the public is ordinarily invited or permitted to be in or on, and includes but is not limited to, the grounds of public facilities or public buildings, public greenways and public parkades or parking lots controlled by the City. "Recreation Facility" means a building, recreation facility or other land improvement, including, but not limited to, recreation centres, public pools, arenas, sports fields, ball diamonds, gymnasium, and other recreation facilities located in a Park or on any other land which the City owns or controls by means of a lease, licence or other legal instrument, that is intended for athletic, social or recreational use by members of the community. "Special Event" means any event or activity conducted within a Public Place, Park or Recreation Facility which attracts or is intended to attract participants or spectators and, without limiting that definition, includes any Organized Sport, festival, sports event, competition or tournament, group picnic, dog show or other animal event. "Special Event Permit" means a licence issued for the use of a Public Place, Park or Recreation Facility or any portion thereof. "Temporary Shelter" means the use of structures, improvements or overhead shelters,including a tent, lean-to, tarpaulin, plastic, cardboard or other form of shelter. "Trail" means any footpath, pathway, trail or pedestrian access route in a Park or on land owned by the City. "Vehicle" means all conveyances propelled either by motor or muscular power. Part 5 Application 5.1 Every Public Place, Park or Recreation Facility shall be subject to the provisions of this Bylaw and an Enforcement Officer shall be responsible for enforcing its provisions. 5.2 Notwithstanding anything contained in this Bylaw or any other bylaw of the City to the contrary, all officers, officials, employees and agents of the City, while acting in the exercise and within the scope of their duties, shall be exempt from the provisions of this Bylaw. Part 6 Duty of Administration and Enforcement 6.1 The grant of any approval or permission or issuance of any permit is not a representation, warranty or statement of compliance with the Bylaw and the issuance thereof in error is not to give rise to a cause of action. 3 9.1.11 Fail to obey any sign or signal lawfully erected for the control of pedestrian or vehicle traffic; 9.1.12 Distribute any handbills or circulars or post, place or display any placard, notice, paper, advertising device, or publicity matter of any kind without the written consent of the Chief Administrative Officer. 9.1.13 Use or permit the use of any advertising vehicle without the written consent of the Chief Administrative Officer; 9.1.14 Tease, molest, or injure any animal or throw any substance at or near any animal in such a way to cause them alarm or possible injury; 9.1.15 Possess any Drug Paraphernalia; 9.1.16 Offer for sale any article or food, drink, or merchandise or carry on any business unless such person has been licensed to do so by the City and has received written consent of the Chief Administrative Officer; 9.1.17 Use any blasphemous, threatening, obscene or vulgar language; 9.1.18 Conduct oneself in a disorderly, dangerous or offensive manner; 9.1.19 Obstruct the free use and enjoyment of a Public Place, Park or Recreation Facility; 9.1.20 Loiter in a Public Place, Park or Recreation Facility; 9.1.21 Interfere with or obstruct any employee of the City in the performance of their duty at or in relation to a Public Place, Park or Recreation Facility; 9.1.22 Belittle, insult, demean, humiliate or harass any employee of the City in the performance of their duty at or in relation to a Public Place, Park or Recreation Facility; 9.1.23 Expose their genitals except when: 9.1.23.1 in a change room or washroom in a Park or Recreation Facility; or 9.1.23.2 participating in an approved art and drawing program. 9.1.24 Excavate in a Park; 9.1.25 Move or remove any Natural Park Feature; 9.1.26 Hold a procession, march, drill, parade, political or religious gathering or other public meeting except with the written consent of the Chief Administrative Officer; 9.1.27 Operate a mechanically powered boat on any lake, pond or outdoor water facility within the boundaries of any Park unless the written consent of the Chief Administrative Officer has first been obtained; 5 Part 11 lmpoundment and Disposal 11.1 The Chief Administrative Officer or an Enforcement Officer may seize, remove and impound any Chattel located in a Public Place, Park or Recreation Facility in contravention of this Bylaw. 11.2 Where a Chattel is impounded that has, in the opinion of the person exercising the power set out in Section 11.1, a value of less than $500.00, that person may dispose of the Chattel in a manner deemed appropriate by that person. 11.3 Where a Chattel is impounded which has, in the opinion of the person exercising the power set out in Section 11.1, a value over $500.00 that person shall make reasonable attempts to notify the owner of the Chattel. 11.4 Where a Chattel is claimed by the owner, the Chattel shall be released to the owner upon: 11.4.1 the provision of proof of ownership satisfactory to the Chief Administrative Officer; and 11.4.2 the payment of all fees, costs, and expenses incurred by the City for the seizure, removal, impounding and storage of the Chattel as set out in Schedule B of the Maple Ridge Highway and Traffic Bylaw No. 6704-2009. 11.5 Subject to Section 11.6, after the expiration of 31 days from the date of seizure of a Chattel to which Section 11.3 applies and where no person has claimed the Chattel, the Chief Administrative Officer is authorized to sell the Chattel by auction and the proceeds of the sale shall be the property of the City. 11.6 Where, abandoned Chattel is at a Temporary Shelter, comingled with hazards such as toxic substances, needles, waste; or where in the opinion of the Chief Administrative Officer it is impractical to dispose of a Chattel to which section 11.3 applies by public auction, the Chief Administrative Officer may dispose of the Chattel in a manner they deem appropriate. 11.7 Where a Chattel has been disposed of pursuant to Section 11.5 or 11.6 and the sale of the Chattel does not cover all of the fees, costs, and expenses incurred by the City for the seizure, removal, impounding, storage and sale of the Chattel, the City may recover those amounts from the owner of the Chattel in a Court of competent jurisdiction. Part 12 Animals in Parks 12.1 No person shall: 12.1.1 Enter a Park or any area of a Park with an unleashed dog or other animal, unless the Park or area of the Park is designated and posted as an off-leash area; 12.1.2 Permit a dog or other animal to enter a Park or any area of Park where such entry ofthat animal is prohibited and such prohibition is posted; 12.1.3 Permit a dog or other animal on or within five (5) metres of any playing field, sports surface, children1s playground, sports court, tennis court, or water-play park; 12.1.4 Enter a Park with a horse unless the Park is designated and posted by the City as being permitted 7 for the riding of horses; Part 13 Sports Grounds 13.1 No person shall: 13.1.1 Play any game or engage in any Organized Activity or Organized Sport within a Park not designated for that purpose; 13.1.2 Play any game on any tennis court or bowling green unless the person is: 13.1.2.1 wearing light coloured rubber soled shoes with low heels; and 13.1.2.2 is suitably equipped with the normal equipment for such game. 13.1.3 Play on any tennis court or bowling green in contravention of the rules and regulations for that facility. Part 14 Loss of Access Rights 14.1 Where an Enforcement Officer has reasonable grounds to believe that a person, while in a Public Place, Park or Recreation Facility, is in contravention of any provision of this Bylaw, the Enforcement Officer may: 14.1.1 Direct the person to comply with the Bylaw; 14.1.2 Direct the person to leave the Public Place, Park or Recreation Facility; or, 14.1.3 Issue a Banning Order to that person in a form as determined by the City from time to time. 14.2 A person who is directed to leave the Public Place, Park or Recreation Facility or to whom a Banning Order is issued must: 14.2.1 Immediately leave the Public Place, Park or Recreation Facility; and 14.2.2 Refrain from entering the Public Place, Park or Recreation Facility in contravention of the terms of the Banning Order. 14.3 A Banning Order may be revised or rescinded by an Enforcement Officer or the Chief Administrative Officer. Part 15 Commercial Services and Activities 15.1 No person shall conduct any business or commercial activity in a Public Place, Park or Recreation Facility without the written authorization of the Chief Administrative Officer. Part 16 Special Event Permit 16.1 The Chief Administrative Officer is authorized to issue or refuse to issue a Special Event Permit, in the form as determined by the City from time to time, in their sole discretion, upon receipt of the application, applicable fee and information required and may: 16.1.1 Establish terms and conditions for the Permit, and 8 17.3 Any Temporary Shelter found to be placed, secured, erected, used or maintained between the hours of 9:00 am and 7:00 pm on any Public Place or Park within the City shall be unlawful and subject to enforcement, removal, and disposal, including any possessions, Chattels, wastes and other incidental materials located within and around the Temporary Shelter. Part 18 Offences and Penalties 18.1 Every person who contravenes a provision of this Bylaw is guilty of an offence and is liable onsummary conviction to a fine not exceeding $10,000.00 plus the costs of prosecution, or to a term of imprisonment not exceeding three (3) months, or both. 18.2 Each day the offence continues shall be deemed to be a separate offence. READ a first time the day of , 2022. READ a second time the day of , 2022. READ a third time the day of , 2022. ADOPTED the day of , 2022. PRESIDING MEMBER CORPORATE OFFICER 10