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HomeMy WebLinkAbout2022-10-11 Council Meeting Agenda and Reports.pdfCouncil Meeting Agenda Tuesday, October 11 , 2022 Page 2 of 5 701.1 Development Agreements Committee: • September 27, 2022 • October 4, 2022 701.2 Committees and Commissions of Council Meetings Municipal Advisory Committee on Accessibility and Inclusiveness • February 17, 2022 • April 21, 2022 • June 16, 2022 702 Reports 703 Correspondence 704 Release of Items from Closed Council Status 705 Recommendation to Receive Items on Consent 800 UNFINISHED BUSINESS 900 CORRESPONDENCE 1000 BYLAWS For Adoption 1001 Maple Ridge Water Service Amending Bylaw No. 7868-2022 A bylaw to amend language to implement changes to the City's residential water metering strategy. 1002 2020-168-RZ, Alternative Approval Process to Permit a City Sewer Line in Dediated Park Land A bylaw to permit a city sewer line in dedicated park land. 1003 11-52455-20-8512 & 01-0400-60, Alternative Approval Process to Permit an SRW for Metro Vancouver Forcemain in Dedicated Park Land Bylaw A bylaw to permit a statutory right-of-way over dedicated park and dedicated road for Metro Vancouver's forecemain project. 1004 05-1970-04, 2020 -2023 Property Tax Exemption Amendment A bylaw to reflect the removal of Foursquare Gospel Church of Canada along with a name change for Webster's Corner United Church. Council Meeting Agenda Tuesday, October 11, 2022 Page 3 of 5 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 reporls 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 1101 2022-292-RZ, 12040 248 Street, CS-1 to C-2 Staff report dated October 4, 2022, recommending that Zone Amending Bylaw No. 7882-2022, to permit the future construction of a two-storey, mixed use, building, be given first reading and that the applicant provide further information as outlined in the report. 1102 2022-293-RZ, 21511 and 21521 Exeter Avenue, RS-1a to R-4 Staff report dated October 4, 2022, recommending that Zone Amending Bylaw No. 7881-2022, to permit a future subdivision of two lots into three, be given first reading and that the applicant provide further information as outlined in the report. 1103 2020-014-RZ, 12209 Laity Street, RS-1 to R-1 Staff report dated October 4, 2022, recommending that Zone Amending Bylaw No. 7648-2020 as amended, to permit a future two lot subdivision, be given second reading and be forwarded to Public Hearing. 1104 2021-564-DP, 23004 Dewdney Trunk Road, Housing Agreement Bylaw Staff report dated October 4, 2022, recommending that Housing Agreement Discharge Bylaw No. 7876-2022 to discharge Housing Agreement Bylaw No. 7345-2017, and Housing Agreement Bylaw No. 7877-2022 be given first, second and third readings. Engineering Services 1131 Award of Contract ITT-EN22-25, Fern Crescent Multi-Use Path and Roundabout Staff report dated October 4, 2022, recommending that Contract ITT-EN22-25, Fern Crescent Multi-Use Path and Roundabout, be awarded to Arsalan Construction Limited, a construction contingency be approved and that the Financial Plan be amended to increase the project funding, and that the Corporate Officer be authorized to execute the contract. Council Meeting Agenda Tuesday, October 11 , 2022 Page 4 of 5 Corporate Services Parks, Recreation and Culture Other Committee Issues Administration (including Fire and Police) 1300 OTHER MATTERS DEEMED EXPEDIENT 1400 PUBLIC QUESTION PERIOD 1500 MAYOR AND COUNCILLOR REPORTS 1600 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETING Notice of Special Closed Meeting The meeting will be closed to the public pursuant to Sections 90(1) and 90(2) of the Community Charter as the subject matter being considered related to the following: Section 90(1 )(e) Section 90(1 )0) the acquisition, disposition or expropriation of land of improvements, if the council considers that disclosure could reasonably be expected to harm the interests of the municipality; the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; Any other matter that may be brought before the Council that meets the requirements for a meeting closed to the public pursuant to Sections 90(1) and 90(2) of the Community Charter or Freedom of Information and Protection of Privacy Act. 1700 ADJOURNMENT 400 ADOPTION AND RECEIPT OF MINUTES 401 Minutes of Regular and Special Council Meetings City of Maple Ridge COUNCIL MEETING MINUTES September 27, 2022 The Minutes of the City Council Meeting held virtually and hosted in Council Chambers on September 27, 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. Mead us Councillor G. Robson Councillor R. Svendsen Councillor A. Yousef ABSENT Councillor K. Duncan Appointed Staff S.Hartman, Chief Administrative Officer C.Crabtree, General Manager Corporate Services S.Labonne, General Manager Parks, Recreation & Culture D.Pollock, General Manager Engineering Services P.Hlavac-Winsor, Acting Corporate Officer, General Counsel and Executive Director, Legislative Services A.Nurvo, Deputy Corporate Officer Other Staff as Required C.Goddard, Director of Planning K.Gowan, Planner 1 A.Grochowich, Planner 2 M.McMullen, Manager of Development Environmental Services C.Nolan, Deputy Director of Finance T.Westover, Director of Economic Development L.Zosiak, Manager of Community Planning J.Kim, Information Technology 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: The Mayor chaired the meeting from Council Chambers. 100 CALL TO ORDER 200 AMENDMENTS TO THE AGENDA 300 APPROVAL OF THE AGENDA R/2022-CM-285 It was moved and seconded That the agenda of the Regular Council Meeting of September 27, 2022 be amended to remove Item 1005 and be adopted as amended. 401 Council Meeting Minutes September 27, 2022 Page 2 of 15 400 ADOPTION AND RECEIPT OF MINUTES CARRIED UNANIMOUSLY 401 Minutes of the Regular Council Meeting of September 13, 2022 R/2022-CM-286 It was moved and seconded That the minutes of the Regular Council Meeting of September 13, 2022 be adopted as circulated. 500 PRESENTATIONS AT THE REQUEST OF COUNCIL -Nil 600 DELEGATIONS-Nil 700 ITEMS ON CONSENT 701 Minutes 701.1 Development Agreements Committee: • September 8, 2022 • September 14, 2022 • September 20, 2022 701.2 Committees and Commissions of Council Meetings: Advisory Design Panel • June 15, 2022 Community Heritage Commission • January 13, 2022 • March 28, 2022 • May 12, 2022 Public Art Steering Committee • July 7, 2022 Social Policy Advisory Committee • February 2, 2022 • April 6, 2022 • June 1, 2022 702 Reports 702.1 Disbursements for the month ended July 31, 2022 CARRIED UNANIMOUSLY Staff report dated September 27, 2022 titled "Disbursements for the month ended July 31, 2022" recommending receipt. Council Meeting Minutes September 27, 2022 Page 3 of 15 702.2 Disbursements for the month ended August 31, 2022 Staff report dated September 27, 2022 titled "Disbursements for the month ended August 31, 2022" recommending receipt. 702.3 2022 Council Expenses Staff report dated September 27, 2022 providing information on Council expenses recorded to July 31, 2022. 702.4 2022 Council Expenses Staff report dated September 27, 2022 providing information on Council expenses recorded to August 31, 2022. 703 Correspondence 704 Release of Items from Closed Council Status 705 Recommendation to Receive Items on Consent R/2022-CM-287 It was moved and seconded That the items on the Consent Agenda of the September 27, 2022, Council Meeting be received into the record. CARRIED UNANIMOUSLY 800 UNFINISHED BUSINESS -Nil 900 CORRESPONDENCE -Nil 1000 BYLAWS Note: Items 1001-1003 from Public Hearing of September 20, 2022 For Third Reading and Adoption 1001 2019-046-CP, Albion Area Plan Update (North East Albion) Maple Ridge Official Community Plan Amending Bylaw No. 7698-2021 To integrate the North East Albion Concept Plan into the Albion Area Plan. R/2022-CM-288 It was moved and seconded That Maple Ridge Official Community Plan Amending Bylaw No. 7698-2021 be given third reading and be adopted. CARRIED UNANIMOUSLY Council Meeting Minutes September 27, 2022 Page 4 of 15 1002 2022-220-RZ, Secondary Suites and Detached Garden Suites -Gross Floor Area Requirements Maple Ridge Zone Amending Bylaw No. 7857-2022 To remove the maximum and minimum gross floor area requirements for secondary suites; retain the requirement that a secondary suite shall not exceed 40% of the total gross floor area of the building in which is located; and remove the minimum gross floor area requirement for detached garden suites. R/2022-CM-289 It was moved and seconded That Maple Ridge Zone Amending Bylaw No. 7857-2022 be given third reading and be adopted. 1003 2022-126-RZ, Unit A -20757 Lougheed Highway Maple Ridge Zone Amending Bylaw No. 7862-2022 CARRIED UNANIMOUSLY To reduce the required minimum separation distance from any other Cannabis Retail Use from 1,000 m (3,281 ft.) to 580.1 m (1,903 ft.) for the subject property. R/2022-CM-290 It was moved and seconded That Maple Ridge Zone Amending Bylaw No. 7862-2022 be given third reading and be adopted. For Adoption 1004 2020-250-RZ, 23939 Fern Crescent CARRIED Councillor Robson opposed Staff report dated September 27, 2022, recommending Official Community Plan Amending Bylaw No. 7691-2020 and Zone Amending Bylaw No. 7692-2020 to permit the future subdivision of five single-family residential lots for the subject property located at 23939 Fern Crescent. R/2022-CM-291 It was moved and seconded That Official Community Plan Amending Bylaw No. 7691-2020 and Maple Ridge Zone Amending Bylaw No. 7692-2020 be adopted. CARRIED UNANIMOUSLY Council Meeting Minutes September 27, 2022 Page 5 of 15 1005 2020-409-RZ, 11089 240 Street, 11101 239 Street and 11094 Buckerfield Drive** Note: Item 1005 was removed from the agenda.** 1006 2021-062-RZ, 25927 and 25801128 Avenue, Outdoor Commercial Recreation That staff report dated September 27, 2022, recommending Official Community Plan Amending Bylaw No. 7715-2021 and Zone Amending Bylaw No. 7716-2021 to permit the Outdoor Commercial Recreation use of paintball and laser tag at the subject properties, located at 25927 and 25801128 Avenue. R/2022-CM-292 It was moved and seconded That Official Community Plan Amending Bylaw No. 7715-2021 and Maple Ridge Zone Amending Bylaw No. 7716-2021 be adopted. CARRIED Councillor Robson opposed 1007 05-1825-02, Extension of Tax Sale Redemption Period A bylaw to extend the redemption period for a property sold at tax sale. R/2022-CM-293 It was moved and seconded That Maple Ridge Bylaw No. 7884-2022 be adopted. 1100 REPORTS AND RECOMMENDATIONS PLANNING AND DEVELOPMENT SERVICES 1101 2022-024-RZ, 24266 110 Avenue, RS-3 to RS-id CARRIED UNANIMOUSLY Staff report dated September 20, 2022, recommending that Zone Amending Bylaw No. 7880-2022, to rezone from RS-3 (Single Detached Residential) to RS-id (Single Detached (Half Acre) Residential), to permit a future subdivision of approximately nine single-family lots, be given first reading and that the applicant provide further information as described in the report. R/2022-CM-294 It was moved and seconded 1. In respect of Section 4 75 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: Council Meeting Minutes September 27, 2022 Page 6 of 15 i) The Board of the Regional District in which the area covered by the plan is located, in the case of a Municipal Official Community Plan; ii) The Board of any Regional District that is adjacent to the area covered by the plan; iii) The Council of any municipality that is adjacent to the area covered by the plan; iv) First Nations; v) Boards of Education, Greater Boards and Improvements District Boards; and vi) The Provincial and Federal Governments and their agencies. and in that regard it is recommended that no additional consultation be required in respect of this matter beyond the early posting of the proposed Official Community Plan amendments on the City's website, together with an invitation to the public to Comment; and 2. That Zone Amending Bylaw No. 7880-2022 be given first reading; and further 3. That the applicant provide further information as described on Schedules A, B, F and G of the Development Procedures Bylaw No. 5879-1999, along with the information required for a Subdivision application. CARRIED UNANIMOUSLY 1102 2022-250-RZ, 22534, 22548 and 22556 Royal Crescent, RS-1 to RM-2 Staff reported dated September 20, 2022, recommending that Zone Amending Bylaw No. 787 4-2022 to rezone RS-1 (Single Detached Residential) to RM-2 (Medium Density Apartment Residential) to permit the future construction of a six-story apartment building for 98 Senior Housing units with BC Housing be given first reading and that the applicant provide further information as described in the report. R/2022-CM-295 It was moved and seconded 1. In respect of Section 4 75 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; Council Meeting Minutes September 27, 2022 Page 7 of 15 v) Boards of Education, Greater Boards and Improvements District Boards; and vi) The Provincial and Federal Governments and their agencies. and in that regard it is recommended that no additional consultation be required in respect of this matter beyond the early posting of the proposed Official Community Plan amendments on the City's website, together with an invitation to the public to comment; and 2. That Zone Amending Bylaw No. 787 4-2022 be given first reading; and further 3. That the applicant provide further information as described on Schedules A, C, D, E, and G of the Development Procedures Bylaw No. 5879-1999. CARRIED UNANIMOUSLY 1103 2019-138-RZ, 22238, 22242, 22246, and 22286 Selkirk Avenue, 22245, 22251, and 22289 Lougheed Highway, PIO 011-208-775, PIO 011-208-848, and PIO 011-208-856, C-3 and CS-1 to CD-2-22 Staff report dated September 20, 2022, recommending that Official Community Plan Amending Bylaw No. 7878-2022 be given first and second reading and forwarded to Public Hearing, that Zone Amending Bylaw No. 7561-2019 be rescinded, and Zone Amending Bylaw No. 7879-2022, to rezone from C-3 (Town Centre Commercial) and CS-1 (Service Commercial) to CD-2-22 (Comprehensive Development) to permit the future construction of two apartment buildings, be given first and second reading and forwarded to Public Hearing. R/2022-CM-296 It was moved and seconded 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. 7878-2022 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. 7878-2022 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. 7878-2022 is consistent with the Capital Expenditure Plan and Waste Management Plan; 4. That Official Community Plan Amending Bylaw No. 7878-2022 be given first and second reading and be forwarded to Public Hearing; Council Meeting Minutes September 27, 2022 Page 8 of 15 5. That first reading of Zone Amending Bylaw No. 7561-2019 be rescinded; 6. That Zone Amending Bylaw No. 7879-2022 be given first and second reading and be forwarded to Public Hearing; and further 7. 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) Amendment to Official Community Plan Schedule "A", Chapter 10.4 Town Centre Area Plan, Schedule 1 -Town Centre Area Land-Use Designation Map; iv) Road dedication on 223 Street, Selkirk Avenue and the lane as required; v) Road Closure Bylaw for the portion of the lane to be closed, adopted by Council, and sold to the developer under an agreement and executed to the satisfaction of the City's Realty, Engineering and Planning Departments; vi) Consolidation of the subject properties; vii) Removal of existing buildings; viii) Registration of a Restrictive Covenant for the Geotechnical Report, which addresses the suitability of the subject properties for the proposed development; ix) Registration of a Restrictive Covenant for Stormwater Management; x) Registration of a Restrictive Covenant for phasing and servicing to the satisfaction of the City's Engineering and Planning Departments; xi) 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; xii) That a voluntary contribution, in the amount of $1,096,500.00 ($4,300.00/unit), or such rate applicable at third reading of this application, be provided in keeping with the Council Policy 6.31 with regard to Community Amenity Contributions; and xiii) That a voluntary contribution, in the amount of $397,837.44 based on rate of $161.46 per square metre ($15.00 per square foot) for the additional bonus density being sought in accordance with the proposed CD-2-22 zone in Zoning Bylaw No. 7600-2019. CARRIED UNANIMOUSLY Council Meeting Minutes September 27, 2022 Page 9 of 15 1104 2020-177-RZ, 12834 232 Street, RS-2 to CD-3-22 Staff report dated September 20, 2022, recommending that Official Community Plan Amending Bylaw No. 7888-2022 be given first and second reading and forwarded to Public Hearing, that Zone Amending Bylaw No. 7661-2020 be rescinded, and that Zone Amending Bylaw No. 7889-2022, to rezone from RS-2 (One Family Suburban Residential) to CD-3-22 (Comprehensive Development), to permit the future construction of a three-storey, mixed-use building, be given first and second reading and forwarded to Public Hearing. R/2022-CM-297 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. 7888-2022 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. 7888-2022 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. 7888-2022 is consistent with the Capital Expenditure Plan and Waste Management Plan; 4.That Official Community Plan Amending Bylaw No. 7888-2022 be given first and second reading and be forwarded to Public Hearing; 5. That Zone Amending Bylaw No. 7661-2020 be rescinded; 6.That Zone Amending Bylaw No. 7889-2022 be given first and second reading, and be forwarded to Public Hearing; 7. That the following terms and conditions be met prior to final reading: i) Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of a security, as outlined in the Agreement; ii) Amendment to Official Community Plan Schedule "B"; iii) Road dedication on 232 Street as required; iv) Registration of a Restrictive Covenant for the Geotechnical Report, which addresses the suitability of the subject property for the proposed development; v) Registration of a Restrictive Covenant for Stormwater Management; vi) Registration of a Restrictive Covenant for Tree Protection; Council Meeting Minutes September 27, 2022 Page 10 of 15 vii) Registration of a Restrictive Covenant for protection of the daycare space; viii) Registration of a Housing Agreement in accordance with Section 483 of the Local Government Act and a Restrictive Covenant stating that four of the residential units will be restricted to residential rental units; ix) Removal of existing building(s); x) In addition to the Ministry of Environment Site Disclosure Statement, a disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks on the subject property. If so, a Stage 1 Site Investigation Report is required to ensure that the subject property is not a contaminated site. xi) That a voluntary contribution, in the amount of $43,000.00 ($4,300.00/unit), or such rate applicable at third reading of this application, be provided in keeping with the Council Policy 6.31 with regard to Community Amenity Contributions. CARRIED UNANIMOUSLY 1105 2021-393-RZ, 10869 and 10911 248 Street, RS-3 to R-1, R-2 and R-3 That staff report dated September 20, 2022, recommending that Official Community Plan Amending Bylaw No. 7890-2022 be given first and second reading and forwarded to Public Hearing and that Zone Amending Bylaw No. 7811-2021 to rezone from RS-3 (Single Detached Rural Residential) to R-1 (Single Detached (Low Density) Urban Residential), R-2 (Single Detached (Medium Density) Urban Residential), and R-3 (Single Detached (Intensive) Urban Residential) to permit the future construction of approximately 34 lots, be given second reading and forwarded to Public Hearing. R/2022-CM-298 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. 7890-2022 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. 7890-2022 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. 7890-2022 is consistent with the Capital Expenditure Plan and Waste Management Plan; Council Meeting Minutes September 27, 2022 Page 11 of 15 4. That Official Community Plan Amending Bylaw No. 7890-2022 be given first and second reading and be forwarded to Public Hearing; 5. That Zone Amending Bylaw No. 7811-2021 be given second reading as amended, 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 Schedule "A", Chapter 10.2 Albion Area Plan, Schedule 1: Albion Area Plan, Figure 1: Northeast Albion and Schedule "C"; iii) Road dedication including, but not limited to 248 Street as required; iv) Park dedication as required, including construction of trails/equestrian trails and removal of all debris and garbage in addition to habitat improvements within the 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 Statutory Right-of-Way plan and agreement as required; viii) Registration of a Restrictive Covenant to protect future road alignment and subdivision design; ix) Registration of a Restrictive Covenant for Tree Protection; x) Registration of a Restrictive Covenant for Stormwater Management; xi) Removal of existing buildings; xii) 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; xiii) Payment of the Density Bonus provisions of the RS-1b Single Detached (Medium Density) Residential, in the amount of $118,050 ($3,100 x 11 lots and $3,650 x 23 lots); and xiv) That a voluntary contribution, in the amount of $241,400 ($7,100 x 34 lots), 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. CARRIED UNANIMOUSLY 1106 2020-409-DVP, 11089 240 Street, Development Variance Permit Council Meeting Minutes September 27, 2022 Page 12 of 15 Staff report dated September 20, 2022, recommending that the Corporate Officer be authorized to sign and seal 2020-409-DVP, to reduce the front yard setback. R/2022-CM-299 It was moved and seconded That the Corporate Officer be authorized to sign and seal 2020-409-DVP respecting property located at 11089 240 Street. CARRIED UNANIMOUSLY 1107 2020-250-DVP, 23939 Fern Crescent, Development Variance Permit Staff report dated September 20, 2022, recommending that the Corporate Officer be authorized to sign and seal 2020-250-VP to reduce the lot width. R/2022-CM-300 It was moved and seconded That the Corporate Officer be authorized to sign and seal 2020-250-VP respecting property located at 23939 Fern Crescent. CARRIED UNANIMOUSLY 1108 2018-182-RZ, 11040 Cameron Court, Payment in Lieu of Parkland Dedication Staff report dated September 20, 2022, recommending that Council require payment in lieu of parkland dedication for 6 lot subdivision of the property located at 11040 Cameron Court. R/2022-CM-301 It was moved and seconded That pursuant to Local Government Act, Section 510, regarding Parkland Payment in Lieu, be it resolved that the owner of land proposed for subdivision at 11040 Cameron Court, under application 2018-182-RZ, shall pay to the City of Maple Ridge an amount that is not less than $105,250.00. CARRIED UNANIMOUSLY ENGINEER/NG SERVICES 1131 Maple Ridge Water Service Amending Bylaw No. 7868-2022 Staff report dated September 20, 2022, recommending that Maple Ridge Water Service Amending Bylaw No. 7868-2022 be given first, second and third readings. R/2022-CM-302 It was moved and seconded Council Meeting Minutes September 27, 2022 Page 13 of 15 That Maple Ridge Water Service Amending Bylaw No. 7868-2022 be given first, second, and third readings. CARRIED UNANIMOUSLY 1132 2020-168-RZ, Alternative Approval Process to Permit a City Sewer Line in Dedicated Park Land Staff report dated September 20, 2022, recommending that City Sewer Line in Dedicated Park Land Bylaw No. 7867-2022 receive second and third reading. R/2022-CM-303 It was moved and seconded AND WHEREAS Council resolved at its May 10, 2022 meeting that approval of the electors shall be sought through the alternative approval process in relation to City Sewer Line in Dedicated Park Land Bylaw No. 7867-2022; AND WHEREAS at conclusion of the electoral opposition process to City Sewer Line in Dedicated Park Land Bylaw No. 7867-2022 on September 6, 2022, the opposition fell short of the 10% threshold, and, therefore, electoral approval was attained; NOW THEREFORE be it resolved as follows: 1. That City Sewer Line in Dedicated Park Land Bylaw No. 7867-2022 receive second and third reading. CARRIED UNANIMOUSLY 1133 11-52455-20-8512 & 01-0400-60, Alternative Approval Process to Permit an SRW for Metro Vancouver Forcemain in Dedicated Park Land Bylaw Staff report dated September 20, 2022, recommending that Bylaw No. 7841-2022 -Statutory Right of Way Over Dedicated Park and Dedicated Road for Metro Vancouver's Forcemain Project receive second and third reading. R/2022-CM-304 It was moved and seconded AND WHEREAS Council resolved at its June 28, 2022 meeting that approval of the electors shall be sought through the alternative approval process in relation to SRW for Metro Vancouver Forcemain in Dedicated Park Land; AND WHEREAS at conclusion of the electoral opposition process to SRW for Metro Vancouver Forcemain in Dedicated Park Land on September 6, 2022, the opposition fell short of the 10% threshold, and, therefore, electoral approval was attained; NOW THEREFORE be it resolved as follows: Council Meeting Minutes September 27, 2022 Page 14 of 15 1. That Bylaw No. 7841-2022 -Statutory Right of Way Over Dedicated Park and Dedicated Road for Metro Vancouver's Forcemain Project receive second and third reading. CARRIED UNANIMOUSLY CORPORATE SERVICES 1151 05-1970-04, 2020 -2023 Property Tax Exemption Amendment Staff report dated September 20, 2022, recommending that Maple Ridge Property Tax Exemption Amending Bylaw No. 7869-2022, be given first, second and third readings. R/2022-CM-305 It was moved and seconded That Maple Ridge Property Tax Exemption Amending Bylaw No. 7869-2022 be given first, second, and third readings. CARRIED UNANIMOUSLY PARKS. RECREATION, AND CULTURE 1200 STAFF REPORTS -Nil 1300 OTHER MATTERS DEEMED EXPEDIENT -Nil 1400 PUBLIC QUESTION PERIOD No members of the public had any questions or comments for Council. 1500 MAYOR AND COUNCILLORS' REPORTS Mayor and Council summarized recent community events in which they had participated. Mayor Morden presented Councillor Dueck with a framed certificate in recognition of 25 years of public service. 1600 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETINGS -Nil 1700 ADJOURNMENT -7:20 p.m. Council Meeting Minutes September 27, 2022 Page 15 of 15 Certified Correct P. Hlavac-Winsor, Acting Corporate Officer M. Morden, Mayor 402City of Maple Ridge REPORT OF PUBLIC HEARING September 20, 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 September 20, 2022 at 7:00 p.m. PRESENT Elected Officials Councillor J. Dueck Councillor C. Mead us 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 A. Grochowich, Planner 2 K. Gowan, Planner 1 F. Smith, Director of Engineering J. Kim, Computer Support Specialist M. McMullen, Manager of Development and Environmental Services Note: The Mayor chaired the meeting from Council Chambers. Councillor Yousef participated virtually. The Mayor called the meeting to order. The 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 September 27, 2022. The Mayor then called upon Planning Department staff to present the following item on the agenda: 1) 2019-046-CP, Albion Area Plan Update (North East Albion) The subject application is to integrate the North East Albion Concept Plan into the Albion Area Plan within the Official Community Plan. The North East Albion Concept Plan includes new land use designations, policies, maps, and figures. Public Hearing Report September 20, 2022 Page 2 of 3 1a) Maple Ridge Official Community Plan Amending Bylaw No. 7698-2021 First Reading: January 26, 2021 Second Reading as amended: July 26, 2022 Purpose: To integrate the North East Albion Concept Plan into the Albion Area Plan. A. Grochowich, Planner 2, gave a detailed presentation providing information on the application. The Corporate Officer advised this item was posted in the September 9th and 16th editions of the local newspaper and that 2 piece of correspondence was received in response. The Mayor called for speakers three times. There being no comment, the Mayor declared this item dealt with. 2) 2022-220-RZ, Secondary Suites and Detached Garden Suites -Gross Floor Area Requirements The subject application is to remove the current Zoning Bylaw requirements for the Maximum and Minimum Gross Floor Area for Secondary Suites, and the Minimum Gross Floor Area requirement for Detached Garden Suites. 2a) Maple Ridge Zone Amending Bylaw No. 7857-2022 First Reading: July 26, 2022 Second Reading: July 26, 2022 Purpose: To remove the maximum and minimum gross floor area requirements for secondary suites; retain the requirement that a secondary suite shall not exceed 40% of the total gross floor area of the building in which is located; and remove the minimum gross floor area requirement for detached garden suites. K. Gowan, Planner 1, gave a detailed presentation providing information on the application. The Corporate Officer advised this item was posted in the September 9th and 16th editions of the local newspaper. The Mayor called for speakers three times. There being no comment, the Mayor declared this item dealt with. 3) 2022-126-RZ, Unit A -20757 Lougheed Highway Public Hearing Report September 20, 2022 Page 3 of 3 Lot 16 District Lot 250 Group 1 New Westminster District Plan 8735 The subject application is to reduce the required separation distance between approved Cannabis Retail Locations to permit a Non-Medical Cannabis Use at the subject property. 3a) Maple Ridge Zone Amending Bylaw No. 7862-2022 First Reading: July 26, 2022 Second Reading: July 26, 2022 Purpose: To reduce the required minimum separation distance from any other Cannabis Retail Use from 1,000 m (3,281 ft.) to 580.1 m (1,903 ft) for the subject property. C. Goddard, Director of Planning, gave a detailed presentation providing information on the application. The Corporate Officer advised this item was posted in the September 9th and 16th editions of the local newspaper and that 102 notices were mailed out in relation to this application and that 2 pieces of correspondence were received in response. The Mayor called for speakers for a first and second time. M. Clarke expressed concerns regarding an increase in traffic in the area accessing the business, as currently she is concerned with traffic volume and speeding vehicles in the area. She felt there were enough cannabis stores in the area. The Mayor advised that staff would connect with her to address her concerns related to the traffic and speeding in the area. The Mayor called for speakers for a third and final time. 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 7:20 p.m. M. Morden, Mayor Certified Correct P. Hlavac-Winsor, Acting Corporate Officer 700 ITEMS ON CONSENT 701 Minutes 701.1September 27, 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. 2019-064-RZ and 2017-262-RZ LEGAL: PID: LOCATION: OWNER: Lot 32 Section 10 Township 12 New Westminster District Plan 667 48 and Lot 1 Except: Part Subdivided by Plan 667 48, Section 10 Township 12 New Westminster District Plan 610001 002-139-715 and 002-672-987 11045 Cameron Court and 11060 Cameron Court Noura Homes (Cameron Crt) Holdings Inc. REQUIRED AGREEMENTS: Covenant Releases -Detached garden suite THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENTS AS THEY RELATE TO 2019-064-RZ and 2017-262-RZ. 2. 2016-411-RZ/SD LEGAL: PID: LOCATION: OWNER: CARRIED Lot 119 District Lot 242 Group 1 New Westminster District Plan 47383 006-182-976 21188 Wicklund Avenue Anita R. Chowdhury and Tarana Goswami REQUIRED AGREEMENTS: Subdivision Servicing Agreement, Stormwater Management Covenant, and Tree Protection Covenant THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENTS AS THEY RELATE TO 2016-411-RZ/SD. CARRIED October 4, 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. 21-115111-BG LEGAL: PID: LOCATION: OWNER: Lot 51 Section 25 Township 12 New Westminster District Plan BCP42202 028-048-083 13145 Lilley Drive Evergreen Fuels Ltd. REQUIRED AGREEMENTS: Geotechnical Covenant THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENT AS IT RELATES TO 21-115111-BG. 2. 22-102513-BG LEGAL: PID: LOCATION: OWNER: CARRIED Lot 197 District Lot 279 Group 1 New Westminster District Plan 114 002-028-875 20342 Ditton Street Anil Kumar Diwan REQUIRED AGREEMENTS: Flood Protection Covenant THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENT AS IT RELATES TO 22-102513-BG. CARRIED 701.2 Municipal Advisory Committee on Accessibility and Inclusiveness Minutes February 17, 2022 Regular Meeting Page 2 of 3 5. NEW AND UNFINISHED BUSINESS 5.1. Welcome/Member Introductions Committee members introduced themselves. 5.2. Committee Orientation , The Staff Liaison provided a background of the Municipal Advisory Committee on Accessibility and Inclusiveness and the Committee Clerk presented an overview of Committee proceedings. 5.3. MACAI Structure The Staff Liaison provided an update on the future of the Committee following the decision by the City of Pitt Meadows to no longer participate. 5.4 2022 Meeting Schedule The Committee approved the meeting schedule for 2022. R/2022-003 It was moved and seconded That the Committee approve the 2022 meeting schedule as circulated. CARRIED UNANIMOUSLY 5.5 Chair and Vice Chair Selection The selection of the Chair and the Vice Chair was deferred due to lack of interest. 5.6 2022 Work Plan The Staff Liaison provided an update on the 2022 Work Plan. 5. 7 Accessible British Columbia Act -Part 3 -Municipal Requirements The Staff Liaison provided an overview of the implications of the Accessible British Columbia Act for municipalities. 5.8 Accessibility and Inclusiveness Framework Update The Staff Liaison provided an update on the Accessibility and Inclusiveness Framework. 6. LIAISON UPDATES 6.1 Staff Liaison The Staff Liaison provided an update on the following: • New public health orders for recreation facilities and opening up capacity • Albion Community Centre nearing completion Doc#2983076 . Municipal Advisory Committee on Accessibility and Inclusiveness Minutes February 17, 2022 Regular Meeting Page 3 of 3 6.2 Council Liaison -NIL Council Meadus provided an update on the following: • Council Matrix • Involvement of the Committee in Parks, Recreation and Culture projects 7. SUBCOMMITTEE AND TASK FORCE UPDATES 7.1 Age-Friendly Subcommittee The Staff Liaison provided an update on the Age-friendly Subcommittee. D. Mitchell spoke about the activities of the Subcommittee, including providing access to digital devices, and consulting with property managers to improve emergency response procedures. The Staff Liaison spoke about community safety initiatives, emergency preparedness, providing resources for property and strata managers, the entry of the Subcommittee in the inaugural Maple Ridge innovation contest and the Seniors on the Move app. 8. QUESTION PERIOD FOR THE PUBLIC -NIL 9. ROUNDTABLE Committee members discussed issues relating to accessibility and inclusiveness. 10. ADJOURNMENT -6:01 pm Petra Frederick, Acting Chair /mm Doc#2983076 [ City of Maple Ridge Municipal Advisory Committee on Accessibility and Inclusiveness MEETING MINUTES April 21, 2022 Regular Meeting The Minutes of the Regular Meeting of the Municipal Advisory Committee on Accessibility and Inclusiveness (MACAI), held via Zoom teleconference on Thursday, April 21, 2022 at 4:30 pm. COMMITIEE MEMBERS PRESENT Councillor Chelsa Meadus Kim McLennan, Vice Chair Don Mitchell Alex Ward, Chair STAFF PRESENT Petra Frederick Stephane Labonne Tony Cotroneo Mike McLean ABSENT Carolina Echeverri Katie Sullivan 1. CALL TO ORDER -4:32 pm 2. APPROVAL OF THE AGENDA R/2022-MACAl-004 It was moved and seconded Council Liaison, City of Maple Ridge Fraser Health Representative Member at Large Member at Large Staff Liaison, Community Engagement Coordinator General Manager, Parks, Recreation and Culture Manager of Community Engagement Committee Clerk Family Education and Support Centre Representative School District 42 Board Trustee That the agenda for the April 21, 2022 Municipal Advisory Committee on Accessibility and Inclusiveness Regular Meeting be approved with amendment to add Item 4.2, Barbara Morgan, Emergency Program Coordinator. CARRIED UNANIMOUSLY 3. ADOPTION OF MINUTES R/2022-MACAl-005 It was moved and seconded That the minutes of the Municipal Advisory Committee on Accessibility and Inclusiveness Regular Meeting dated February 17, 2022 be adopted. CARRIED UNANIMOUSLY 4. DELEGATIONS 4.1 Parks Department-Parks Development Melissa Coderre, Parks Planning Technician, presented on the Parks Accessibility Minor Improvements Program, an accessibility review of community and city parks focused on Municipal Advisory Committee on Accessibility and Inclusiveness April 21, 2022 Regular Meeting Page 2 of 3 pathways, entrances, and parking. This project is in response to a new deliverable outlined in the City of Maple Ridge 2022 -2026 Business Plan. 4.2 Barbara Morgan -Emergency Program Coordinator 5. NEW AND UNFINISHED BUSINESS 5.1. Welcome of New Committee Member The Municipal Advisory Committee on Accessibility and Inclusiveness welcomed new members. 5.2. Welcome of New General Manager, Parks, Recreation and Culture The Municipal Advisory Committee on Accessibility and Inclusiveness welcomed incoming General Manager of Parks, Recreation and Culture, Stephane Labonne. 5.3. Chair and Vice Chair Selection R/2022-MACAl-006 It was moved and seconded That Alex Ward be elected Chair of the Municipal Advisory Committee on Accessibility and Inclusiveness for 2022. CARRIED UNANIMOUSLY R/2022-MACAl-007 It was moved and seconded That Kim McLennan be elected Vice-Chair of the Municipal Advisory Committee on Accessibility and Inclusiveness for 2022. CARRIED UNANIMOUSLY 5.4. Accessibility and Inclusiveness Framework Update P. Frederick, Staff Liaison, presented an update on the Accessibility and Inclusiveness Framework. 5.5. Dementia Friendly Funding 5.6. Accessibility and Inclusiveness Awards (Discussion) A video with 2021 award recipient was viewed by the Municipal Advisory Committee on Accessibility and Inclusiveness. 6. LIAISON UPDATES 6.1 Staff Liaison The Staff Liaison provided an update on the following: • Rec Centre Reopened • Vaccine Passport Lifted • Facilities 6.2 Council Liaison Municipal Advisory Committee on Accessibility and Inclusiveness April 21, 2022 Regular Meeting Page 3 of 3 Councillor Meadus provided an update on the following: • Rec Funding • Recruitment 7. SUBCOMMITTEE AND TASK FORCE UPDATES 7.1 Age-Friendly Subcommittee The Municipal Advisory Committee on Accessibility and Inclusiveness discussed Senior Tech Buddies. Discussion included the seniors mapping application for the accessing series with multiple languages and videos guides to show how to use the technology. 8. QUESTION PERIOD FOR THE PUBLIC -NIL 9. ROUNDTABLE -NIL 10. ADJOURNMENT -5:49 pm /mm City of Maple Ridge Municipal Advisory Committee on Accessibility and Inclusiveness MEETING MINUTES Thursday, June 16, 2022 Regular Meeting The Minutes of the Regular Meeting of the Municipal Advisory Committee on Accessibility and Inclusiveness (MACAI), held via Zoom teleconference on June 16, 2022 at 4:30 pm. COMMITTEE MEMBERS PRESENT Councillor Chelsa Meadus Don Mitchell Katie Sullivan Kim McLennan, Vice Chair Carolina Echeverri Alex Ward, Chair STAFF PRESENT Tony Cotroneo Patrick Hlavac-Winsor ABSENT Petra Frederick 1. CALL TO ORDER 2. APPROVAL OF THE AGENDA R/2022-MACAl-008 · It was moved and seconded Council Liaison, City of Maple Ridge Member at Large, Maple Ridge School District 42 Board Trustee Fraser Health Representative Family Education and Support Centre Representative Member at Large, Maple Ridge Acting Staff Liaison/Manager of Community Engagement General Counsel and Executive Director, Legislative Service Staff Liaison, Community Engagement Coordinator That the agenda for the June 16, 2022 Municipal Advisory Committee on Accessibility and Inclusiveness Regular Meeting be approved with an amendment to add Item 5.4 correspondence from Terri Peacock. CARRIED UNANIMOUSLY 3. ADOPTION OF MINUTES R/2022-MACAl-009 It was moved and seconded That the minutes of the Municipal Advisory Committee on Accessibility and Inclusiveness Regular Meeting dated April 21, 2021 be adopted. CARRIED UNANIMOUSLY 4. DELEGATIONS 4.1 Local Immigration Partnership Council (overview) -Carolina Echeverri C. Echeverri discussed various resources available for newcomers as well as the website: ridgemeadowsnewcomers.com Doc#2984791 Municipal Advisory Committee on Accessibility and Inclusiveness June 16, 2022 Regular Meeting Page 2 of 3 4.2 PRC Master Plan -Tony Cotroneo T. Cotroneo updated on the PRC Master Plan and website and answered questions from the group about various means the public and Committee can engage during the engagement process. 5. NEW AND UNFINISHED BUSINESS 5.1 Community Based Financial Access Programs -Tony Cotroneo T. Cotroneo spoke to the correspondence received from Terri Peacock and provided information regarding financial access programs. 5.2 Seniors Housing/Homelessness -Councillor Mead us C. Meadus discussed various resources regarding Seniors Housing/Homelessness for the Senior's Housing Table to collate and potentially add to the MRPM Katzie Seniors Network Website. 5.3 Accessibility and Inclusiveness Mini Focus Group -Alex Ward & Tony Cotroneo T. Cotroneo provided information on the Accessibility and Inclusiveness Survey on the City's website. A. Ward provided a basic framework for a web-based low-cost inventory list and recommended the existing City of Maple Ridge web app 'What's Happening Around Me (WHAM)' as a basis for adoption on the City's website. A link to the framework was supplied in hardcopy during the meeting. R/2022-MACAl-010 It was moved and seconded That the Municipal Advisory Committee on Accessibility and Inclusiveness work with City staff to consider adding a comprehensive community low cost inventory list to the 2023 business plan discussions. CARRIED UNANIMOUSLY 5.4 Correspondence Correspondence from Terri Peacock discussed along Item 5.1 6. LIAISON UPDATES 6.1 Staff Liaison T. Cotroneo provided details on the Albion Community Centre opening and ongoing work to revise the off-street parking bylaw to incorporate inclusiveness with a potential delegation from the Planning Department. The committee also discussed rainbow ribbons on City core trees during pride month in July, led by the UPLan (a youth working group of the Youth Planning Table). Doc#2984 791 Municipal Advisory Committee on Accessibility and Inclusiveness June 16, 2022 Regular Meeting Page 3 of 3 R/2022-MACAI-O 11 It was moved and seconded That the Municipal Advisory Committee on Accessibility and Inclusiveness request a special meeting with City staff to provide comments/input on parking bylaw amendments. CARRIED UNANIMOUSLY 6.2 Council Liaison Council Meadus provided an update on UPlan pride walk. 6.3 SD42 Liaison K. Sullivan provided an update on the following: • Pride month details; • Anti-Racism committee -it was encouraging to see anti-racism committee up and running; • The Integrated Child and Youth Team pilot (B.C.'s Integrated Child & Youth Teams -Province of British Columbia (gov.be.ca} is close to being up and running; • Deepening Indigenous Education and Equity report -in November 2020, SD42 started a process surveying stakeholders; 200+ page report is now available on the School District website with 97 recommendations; it is now with staff to develop an action plan. 7. SUBCOMMITTEE AND TASK FORCE UPDATES 7.1 Age-Friendly Subcommittee D. Mitchell provided an update on a mapping program and Plan H -Age Friendly Communities funding proposal. A draft is being worked on for age-friendly homes for City staff's review. 7 .2 Awards Task Group Awards for 2022/2023 to be reviewed by C. Meadus and T. Cotroneo as leads. A. Ward discussed looking at adding/removing categories such as for employers who employ newcomers. 8. QUESTION PERIOD FOR THE PUBLIC -NIL 9. ROUNDTABLE Committee members discussed issues relating to accessibility and inclusiveness. 10. ADJOURNMENT -5:39 p.m. /phw Doc#2984 791 1000 BYLAWS 1001CITY OF MAPLE RIDGE BYLAW NO. 7868-2022 A Bylaw to amend Maple Ridge Water Service Bylaw No. 6002 -2001 WHEREAS it is deemed expedient to amend Maple Ridge Water Service Bylaw No. 6002 -2001; NOW THEREFORE the Municipal Council of the City of Maple Ridge, enacts as follows: 1. This Bylaw may be cited for all purposes as II Maple Ridge Water Service Amending Bylaw No. 7868-2022". 2. Maple Ridge Water Service Bylaw No. 6002 -2001 be amended as follows: a) Replacing 17(b) in its entirety with "all residential properties with existing meters, plus all newly constructed residential dwellings." b) Adding the following subsection to Section 17: (e) all single family residential properties where the service connection has been replaced. 3. That Maple Water Service Bylaw No. 6002-2001 is amended accordingly. READ a first time the 27th day of September, 2022. READ a second time the 27th day of September, 2022. READ a third time the 27th day of September, 2022. ADOPTED the day of PRESIDING MEMBER , 2022 CORPORATE OFFICER 1002CITY OF MAPLE RIDGE BYLAW NO. 7867-2022 A Bylaw to Permit a Sanitary Storm Line in Dedicated Park Dedicated Park Land Bylaw No. 7867-2022 WHEREAS, it is deemed expedient to permit a Sanitary Storm Line in Dedicated Park; NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows: 1. This Bylaw may be cited as Dedicated Park Land Bylaw No. 7867-2022." 2. That parcel or tract of land and premise known and described as: Dedicated Park Section 22 Township 12 Section 33 Township 12 New Westminster District Plan BCP46658 and outlined in heavy black line on Map No. 197 4 a copy of which is attached hereto and forms part of this Bylaw, are hereby permitted to contain a Sanitary Storm Line. READ a first time the 26th day of July, 2022. READ a second time the 27th day of September, 2022. READ a third time the 27th day of September, 2022. Received the APPROVAL OF THE ELECTORS of the City of Maple Ridge this 7th of September , 2022. ADOPTED the day of ,20 PRESIDING MEMBER CORPORATE OFFICER day CITY OF MAPLE RIDGE BYLAW NO. 7841-2022 A bylaw to authorize a Statutory Right of Way Over Dedicated Park and Dedicated Road for Metro Vancouver's Forcemain Project WHEREA S it is deemed desirable and expedient to construct new sewer forcemain servicing the City of Maple Ridge in a Dedicated Park and Dedicated Road; NOW THEREFORE, the Council of the City of Maple Ridge, in open meeting assembled1 enacts as follows: 1.This Bylaw may be cited as the 11 Statutory Right of Way Over Dedicated Park and Dedicated Road Bylaw No. 7841-2022." 2.The City through its Chief Administrative Officer or their designate is hereby empowered and authorized to undertake and carry out or cause to be carried out the construction and routing to permit a Metro Vancouver sanitary forcemain generally in accordance with general plans on file at the municipal office and to do all things necessary in connection therewith and without limiting the generality of the foregoing: (a)To acquire and dispose of all such real property, easements, rights-of-way 1 licenses 1 rights or authorities as may be requisite or desirable for or in connection with the construction and routing of said Metro Vancouver sanitary forcemain. (b)To route the sanitary forcemain in Dedicated Park Land near 1138 Avenue (District Lot 280, Group 1, New Westminster District, Plan 63221) as outlined in heavy black line in the attached Explanatory Plan. Read a first time by the Municipal Council this 26th day of July, 2022. Read a second time by the Municipal Council this 27th day of September, 2022. Read a third time by the Municipal Council this 27th day of September, 2022. Received the APPROVAL OF THE ELECTORS of the City of Maple Ridge this 7th day of September, 2022 Adopted by the Municipal Council this ___ day of ______ , 2022. MIKE MORDEN MAYOR PATRICK HLAVAC-WINSOR ACTING CORPORATE OFFICER 1003 EXPLANATORY PLAN OF STATUTORY RIGHTOF WAY OVER PART OF DEDICATED PARK AND DEDICATED ROAD WITHIN DL 280 GROUP 1 tlEW WESTMINSTER DISTRICT PLAN 63221 a.c.a.c.~~011 F-Cit!EMru:lF.V001V;:,~F-t.f:rC:E: I<EY PUN ,.,.....,,,,,.,.~P"l-h°•--.J L..-dna-4~~~r~-.:r.:-"'.-~-~·rv.11tm, u.J.t::::.,r-.,.__.,_ 11.tl..t •~ lC.-!/lllfU'4_,,,~,:,.;:::,p SCALE l : S00 r,..ow.-.,;..1/Jid._~~r'b;,J,t/t<;a4:,,,Pf"...::A ~ ... ~.c---➔t>..t: 1•-·"' Page 2 t-:i".H ! ~. •I • :;-• ·:, f';) 1004City of Maple Ridge Bylaw No. 7869-2022 A Bylaw to Amend Maple Ridge Property Tax Exemption Bylaw No. 7568-2019 WHEREAS, pursuant to provisions of the Community Charter, S.B.C., 2003, Chapter 26, a Municipal Council may exempt certain land and improvements from property taxation, where, in the opinion of the Municipal Council, the use of the land and improvements qualifies for an exemption; AND WHEREAS, the Municipal Council deems it expedient to exempt certain land and improvements for the years 2020-2023; NOW THEREFORE, the Municipal Council of the City of Maple Ridge in open meeting assembled, enacts as follows; 1. This Bylaw shall be cited for all purposes as Maple Ridge Property Tax Exemption Amending Bylaw No. 7869-2022. 2. Maple Ridge Property Tax Exemption Bylaw No. 7568-2019 is hereby amended accordingly: (a) Schedule E attached hereto is amended by removing Foursquare Gospel Church of Canada from this schedule and changing the name for Trustees of Webster's Corner United Church to Webster's Whonnock United Church. 3. The exemptions granted by this bylaw are without prejudice to any claim for entitlement to exemption based on any other provisions of the Community Charter or any other legislation. READ a FIRST TIME 27th day of September, 2022. READ a SECOND TIME 27th day of September, 2022. READ a THIRD TIME 27th day of September, 2022. RECONSIDERED AND ADOPTED the _____ day of _____ , 2022. PRESIDING MEMBER CORPORATE OFFICER City of Maple Ridge Bylaw No. 7869-2022 A Bylaw to Amend Maple Ridge Property Tax Exemption Bylaw No. 7568-2019 "SCHEDULE E" That in accordance with Section 224(2)(f) of the Community Charter, in relation to property that is exempt under section 220(1)(h) [buildings for public worship], the following land and improvements, that have been deemed as necessary to the building set apart for public worship and not including any portion of the property used for a commercial purpose, be exempt from property taxation: Owner/Lessee Name Civic Address Folio Number Legal Description Primary PID Lot 1, Sec 8, lWP 15, NWD, Wildwood Fellowship Church 10810 272 Street 05071-0100-5 PL NWP15658 010-090-797 Lot 695, DL 278, NWD, PL Ridge Meadows Open Door Church 11391 Dartford St 10622-0100-0 NWP114 011-525-606 B.C. Conference of Mennonite Lot 1, DL 222, NWD, PL Brethren Churches Inc. 20450 Dewdney Trunk Road 20762-0305-0 LMP40767 024-380-253 Christian & Missionary Alliance Lot 1, DL 241, NWD, PL (Canadian Pacific District) 20399 Dewdney Trunk Road 20804-0401-1 NWP83237 015-254-399 St. Pauls Evangelical Lutheran Church of Haney B.C. 12145 Laity Street 20861-0100-4 DL 242, NWD 012-842-320 Lot 331, DL 248, NWD, PL St. John the Divine Anglican Church 21299 River Road 20920-0100-1 NWP65523 003-630-421 Roman Catholic Archbishop of Lot 1, DL 263, NWD, PL Vancouver Church 20285 Dewdney Trunk Road 21140-0400-1 NWP75684 008-434-271 Maple Ridge Christian Reformed Lot 33, DL 263, NWD, PL Church 20245 Dewdney Trunk Road 21142-3300-3 NWP71910 004-613-333 Lot 1, DL 276, NWD, PL Burnett Fellowship Baptist Church 20639 123 Avenue 21190-0001-0 LMP42697 024-551-741 Church of Jesus Christ of Latter Day Lot 369, DL 277, NWD, PL Saints in Canada 11750 207 Street 21255-0201-X NWP54899 005-333-504 Trustees of the Kanaka Creek Lot 22, DL 280, NWD, PL Congregation of Jehovah's Witnesses 11770 West Street 21335-2200-2 NWP67774 000-556-505 Lot B, DL 245, NWD, PL Church of the Nazarene 21467 Dewdney Trunk Road 41990-0000-8 NWP9007 011-402-911 Lot 3, DL 247, NWD, PL High Way Church 217 46 Lougheed Highway 42162-0000-X NWP6664 011-228-393 Congregation of the Haney Lot 324, DL 247, NWD, PL Presbyterian Church 11858 216 Street 42176-0000-8 NWP64655 003-471-951 Trustees of the Congregation of the Lot C, DL 396, NWD, PL Golden Ears United Church 22165 DewdneyTrunk Road 42249-0100-6 NWP14898 006-588-697 Lot A, DL 397, NWD, PL Maple Ridge Baptist Church 22155 Lougheed Highway 42331-0100-1 NWP67821 000-580-376 Governing Council of the Salvation Lot A, DL 397, NWD, PL Army in Canada 22188 Lougheed Highway 42345-0200-0 NWP68759 000-933-295 Roman Catholic Archbishop of Lot 24, Sec 20, lWP 12, Vancouver 22561121 Avenue 52788-0000-8 NWD, PL NWP1161 012-020-389 City of Maple Ridge Bylaw No. 7869-2022 A Bylaw to Amend Maple Ridge Property Tax Exemption Bylaw No. 7568-2019 "SCHEDULE E" continued Lot 5, Sec 14, lWP 12, NWD, Webster's Whonnock United Church 25102 Dewdney Trunk Road 63029-0100-5 PL NWP3275 Lot A, Sec 16, lWP 12, NWD, Parish of St. George (Maple Ridge) 23500 Dewdney Trunk Road 63157-2001-1 PL NWP83835 Lot 22, Sec 16, lWP 12, Christian Life Assembly 11756 232 Street 63163-2300-2 NWD, PL NWP75454 Lord Bishop of New Westminster (St. Lot 1, DL 433, NWD, PL John Evangelical) 27123 River Road 94720-0001-0 LMP28492 Lot B, Sec 5, lWP 15, NWD, Apostles of Infinite Love, Canada 27289 96 Avenue 94906-0000-3 PL NWP11439 Jamia Riyadhul Jannah British Columbia Foundation 27079 River Road 94 717-0000-0 DL433, NWD 010-904-140 015-406-661 008-243-123 023-434-716 008-311-048 012-877-301 1100 COMMITTEE REPORTS AND RECOMMENDATIONS [~ .·· mapleridge.ca City of Maple Ridge TO: His Worship Mayor Michael Morden and Members of Council MEETING DATE: October 4, 2022 FILE NO: 2022-292-RZ FROM: SUBJECT: Chief Administrative Officer First Reading Zone Amending Bylaw No. 7882-2022 12040 248 Street EXECUTIVE SUMMARY: MEETING: C o W An application has been received to rezone the subject property, located at 12040 248 Street, from CS-1 (Service Commercial) to C-2 (Community Commercial), to permit the future construction of a two-storey, mixed-use building comprised of three commercial ground-floor units (totalling approximately 372.45m2 (4,009.02 ft2)), and one upper-level residential unit (approximately 97.27m2 (1,047.01 ft2)). To proceed further with this application, additional information is required as outlined below. Pursuant to Council Policy 6.31, this application is subject to the Community Amenity Contribution (CAC) Program at a rate of $4,300.00 per apartment dwelling unit, for a total estimated amount of $4,300.00, or such rate applicable at third reading of this application. RECOMMENDATIONS: 1. That Zone Amending Bylaw No. 7882-2022 be given first reading; and further 2. That the applicant provide further information as described on Schedule C, D, and E of the Development Procedures Bylaw No. 5879-1999. DISCUSSION: a) Background Context: Applicant: Legal Description: OCP: Existing: Proposed: Within Urban Area Boundary: OCP Major Corridor: Zoning: Existing: Proposed: 2022-292-RZ 0981077 BC LTD Lot 23 Section 23 Township 12 New Westminster District Plan 15267 Commercial Commercial No Yes CS-1 (Service Commercial) C-2 (Community Commercial) Page 1 of 4 1101 Surrounding Uses: North: South: East: West: Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing Requirement: Flood Plain: Fraser Sewer Area: b) Site Characteristics: Use: Residential Zone: RS-1 (Single Detached Residential) Designation: Estate Suburban Residential Use: Commercial Multi-Use Zone: C-2 (Community Commercial) Designation: Commercial Use: Residential Zone: RS-1 (Single Detached Residential) Designation: Estate Suburban Residential Use: School Zone: P-1 (Park and School) Designatlon: Institutional Commercial Commercial/Residential Mixed-Use 0.183 ha (0.45 acres) 248 Street & Smith Avenue Urban Standard No Yes The subject property is located at 12040 248 Street and is sized at 1,701.61m2 after necessary road dedication. The site is relatively flat, with little vegetation. The subject property is bounded by residential uses to the north and east, commercial multi-uses to the south, and institutional school use to the west. c) Project Description: The development proposal is for the rezoning and subsequent development of the lot into a mixed-use commercial and residential building, with three commercial units and one residential unit above (see Appendices A and B). There is a parking lot proposed to be located behind and beside the building, to the south and east. A preliminary review indicates the proposal complies with the density and other regulations of the C-2 (Community Commercial) zone. A Development Variance Permit will be required for the north side of the project, for an Exterior Side Lot Line setback reduction. At this time the current application has been assessed to determine its compliance with the Official Community Plan (OCP) and provide a land use assessment only. Detailed review and comments will need to be made once full application packages have been received. A more detailed analysis and further reports will be required prior to second reading. Such assessment may impact proposed lot boundaries and yields, OCP designations and bylaw particulars, and may require application for further development permits. 2022-292-RZ Page 2 of 4 d) Planning Analysis: Official Community Plan: The development site is located at the intersection of 248 Street and Smith Avenue, and is outside of the Urban Area Boundary identified on Schedule "B" of the Official Community Plan. The site is currently designated Commercial, and is a Village Commercial Node. The Village Commercial Node is within the Fraser Sewer Area and is intended to serve a variety of daily convenience and commercial shopping needs within close proximity to established neighborhoods. The Commercial OCP designation supports the proposed development under the C-2 (Community Commercial) zone. Zoning Bvlaw: The current application proposes to rezone the property from CS-1 (Service Commercial) to C-2 (Community Commercial) (see Appendix C) to permit the devleopment of a mixed-use, three unit commercial and one unit residential building (see Appendix D). The minimum lot size for the current CS-1 (Service Commercial) zone is 929.om2, and the minimum lot size for the proposed C-2 (Community Commercial) zone is 2,500.0m2. There is no density applicable for the C-2 (Community Commercial) zone designated in Zoning Bylaw No. 7600-2019. The proposed lot size after road dedication for this site is 1, 701.61m2. Any variations from the requirements of the proposed zone will require a Development Variance Permit application. A Development Variance Permit will be required for the north side of the project, for an Exterior Side Lot Line setback reduction. Development Permits: Pursuant to Section 8.5 of the OCP, a Commercial Development Permit application is required to address the current proposal's compatibility with adjacent development, and to enhance the unique character of the community. Advisory Design Panel: A Commercial Development Permit is required and must be reviewed by the Advisory Design Panel prior to second reading. Development Information Meeting: A Development Information Meeting is required for this application. Prior to second reading the applicant is required to host a Development Information Meeting in accordance with Council Policy 6.20. e) Interdepartmental Implications: In order to advance the current application, after first reading, comments and input, will be sought from the various internal departments and external agencies listed below: a) Engineering Department; b) Operations Department; c) Fire Department; d) Building Department; and e) Canada Post. 2022-292-RZ Page 3 of 4 The aforementioned list is intended to be indicative only and it may become necessary, as the application progresses, to liaise with agencies and/or departments not listed above. f) Development Applications: In order for this application to proceed the following information must be provided, as required by Development Procedures Bylaw No. 5879-1999 as amended: 1. A complete Rezoning Application (Schedule C); 2. A Commercial Area Development Permit Application (Schedule D); 3. A Development Variance Permit (Schedule E); The above list is intended to be indicative only, other applications may be necessary as the assessment of the proposal progresses. CONCLUSION: The development proposal is in compliance with the OCP, therefore, it is recommended that Council grant first reading subject to additional information being provided and assessed prior to second reading. "Original signed by Annie Slater-Kinghorn" Prepared by: Annie Slater-Kinghorn, BA Planning Technician "Original signed by Christine Carter" Approved by: Christine Carter, M.PL, MCIP, RPP GM Planning & Development Services The following appendices are attached hereto: Appendix A -Subject Map Appendix B -Ortho Map Appendix C -Zone Amending Bylaw No. 7882-2022 Appendix D -Proposed Site Plan 2022-292-RZ "Original signed by Mark McMullen" for Reviewed by: Charles R. Goddard, BA, MA Director of Planning "Original signed by Scott Hartman" Concurrence: Scott Hartman Chief Administrative Officer Page 4 of 4 (/) (1 Cl) ro ~ c.n 0 0 Cl -,, ► ;= --t m m .. .. "' ►O C I',) cc "' "',:., (0 (0 "' "' ' 0 ::0 r--:,N "' ::I c.. CD ::::!! ::J ;::;.: CD () ~ CD CD "" 3 I i ' 0 ;::;.: (") :::r () (1) ::I ,.... ro ::I CD s» "C .. (6" .. i . n s» en ,.... ~ CD Q) 3 r- (1) cc (1) ::s Q. .... -ol'v 0 0~ 00 0 l'v ~ ~ I C0 f;3 en a, -I I ;;o ~m l'v m -I ------- I \ --·----248ST ----.-..... 24808 24820 '"""-..,__ _ ___. ~ 24813 10 LO Jll ~ f--2--48_2_5 ---1 m CRAWFORD ST V 24837 24849 24848 24860 24872 248 ST 249ST 249ST 24750 24796 24834 24625 24789 248ST 248ST 248ST I (/) t I ......__ -~• -C I J , S:, OJ 24814 24819 I ~--~----tti fn ~--~ !---'-'-'=---+----1 ~ 1 > ~ 0 ff (1-' 1-----24'--'0""'26'-lf m<'. f-2"-48;.;;2.;..1 ___ +---1 C 24837 24840 I iii --l i--r,P .1,' Z I 24 "U -:, {\,c,<i' I ~; 24851 2485D ~ ~i-;> -4~ ~ 24836 i C ~m ~ 1----~24~84~6'-I z ;u - ;:,:; 24865 24860 -I -~ ;o ' ,r-< ~ "' 24854 c/• ~ ~ 24873 2487D U11- 24 - 87 - 7-~'------'------1 I 1-------'l-----...;I ,,,. 24866 I I ~j f-----1 1 24883 24888 >, 24878 I 1 248n I l--_;._----11-----...;, <'. 24883 m 249ST 1 24835 LILLIANST -- : 24863 ..... ..... co ~ 24888 24887 I _., ,_:..:.:..:..:..-----1----1 "' 24898 I ; 24897 I <'. l----'-----4--, m f M0,0 i 1-::..::.;..:::..:.: ___ l-__ :_::_~-l\11--~-...,_~....,.._,J 1\~ i si ~ ~ 24920 I I ~I 1 1----.:;;24.;.;9..:.;D2~ '---.1.--...,__.., ~ 24921 24918 ' > 24907 1 J.S '0'6\>-Z: ...,. J.S '0'61'-Z: f U930 : ic:2:..:.49::;:2c:.7----11-----...;~ ;ii ~=~__L-~...I,_.-i"""__,~~ 24912 24915 24925 24940 ~ r i i ~ 1 ;l!l-----'24""~940..., 24947 24926 ~ '-§ _ _,_~_~ _ _,_~-"---lt"'-,v:;· 1-----2_,9_22...; '"====~=========~====::==~===~~=~ .. ~-J_j~L-~2!49~A~S~T:__1 .... u::: __ 1 __ ~~LJfil:~ __ 1 _ __ .... ______ L,. ___ ....JL.,_ _________________________________ ::::::::.:;;;;;;;;;:::::::-_______________ 24_9_32 ___ 2_49-3 1 ____ _ ~ ""C fT1 z 0 >< > Scale: 1 :2,500 APPENDIXB 12040 248 STREET PIO 001-926-802 PLANNING DEPARTMENT _j-FILE: 2022-292-RZ DATE: Aug 29, 2022 mapleridge.ca BY:AH CITY OF MAPLE RIDGE BYLAW NO. 7882-2022 A Bylaw to amend Schedule 'A' Zoning Map forming part of Zoning Bylaw No. 7600-2019 as amended APPENDIXC WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 7600-2019 as amended; NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows: 1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7882-2022". 2. That parcel or tract of land and premises known and described as: Lot 23 Section 23 Township 12 New Westminster District Plan 15267 and outlined in heavy black line on Map No. 1985, a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to C-2 (Community Commercial). 3. Maple Ridge Zoning Bylaw No. 7600-2019 as amended and Map 'A' attached thereto are hereby amended accordingly. READ a first time the day of READ a second time the day of PUBLIC HEARING held the day of READ a third time the day of ADOPTED the day of PRESIDING MEMBER ,20 ,20 ,20 ,20 ,20 CORPORATE OFFICER ~ co co ~ ,,!j ~ ~ 00 0) c:, ~ .,, oO 00 00 oO oO oO 0) oO oO N ~ 'I" "I" "I" "I" "I" "I" "I" 0 "I" ~ "' "' "' 30 "' "' "' "' "' 20 19 18 17 16 ..... 14 13 11 ! a..15 12 10 a.. • ~ en 12104 p 1'i 924 F 1792~ a:, st I"-N LMP 8• 27 50 I"-N (0 ~5 4 'q" S::! co 12098 ~ a ~'b"' a.. ..... 6 ~o "&-"'I) 3 ~ 49 a.. ~ _j I"-12082 12076 (0 12071 LMPf42a N IO 48 ,.:,'11: ..... I"-7 ~ 12068 a.. 12072 "'' IS'-:" 2 'q" 12067 r---------I"-co 47 (0 9 N a.. 12062 IO ~ 8 1 _j a.. I!) I!) 10 .... i;ii 46 .... .,, co oO oO oO "I" ~ ~ ~ "' ~· c:, c:, ~ c:, I!) co "I" oO oO oO oO 'Ii" "I" "I" 24~ "' "' "' -2.3_ -25 26 27 J;P.EJ67721 12040 ~5267 1EPP6772! I .I .,..., P 15 267 12038 I~ EPRr--~9223 Rem 21 20 19 18 (EPs{ !5136) I!) ~ .... ... "' I!) co 0) 1w oO oO ~ "I" I I "I" "' "' ~ -~ co N 120' ;:!; "' 0) I!) .... oO oO ~ "I" of 1 ~ IO "I" "' 0 "' P6316 4 5 ~ 35 I"-P 23'i 60 a.. 11981 1 -------------RW22043 EP 714( 11961 ~ 3 P 29467 2 en 11966 a:, 28 \ 29 \ Pf140 st 30 31 32 11953 N 17 --MAPLE RIDGE ZONE AMENDING Bylaw No. Map No. From: To: MAPLE RIDGE British Columbia 7882-2022 1985 CS-1 (Service Commercial) C-2 (Community Commercial) oO oO ~ "I" "' '-b I -I 3 ~1 ~ -"'.,,: c,, I ~.;> 77. 2 -".;,.,. -----", 6 1 11919 33 34 ii~ 'q" 'q" 12078 N --C. ..... 7<'o;,-.., 3 8 w ~ en 2 a, f-----~ 12070 'q" IO IO lg 1 ;:1 'Ii" 12062 a.. "' SMITH AVE. oO co c:, oO 0) ..... oO oO 0) 'Ii" ~ ~ "' C 28 29 30 31 P15 ~67 17 16 15 ,._ 14 ~ "' 0) c:, oO 0) oO ~ ~ ~ DEWDNEY TRUNK RD. 4 171405 c:, ~ ..... 0) 'Ii" "' ,~ 5 1 2 ~ 0$ ~ \gAO 6 -E~7~18.. 1o 'q" 9 N ..... 1197 7 IO a.. 0 ~ 10 ~ 'q" _j en 11926 ..... 1196 .... a, -~ N SCALE 1 :2,000 ~ 1/e"=l' ! i . i~ ! ui,1rr2-06 Ti,p I Pa~ng !at! "f'x18' SH/Tr-15T'l?cE:.f T1,11lc:111IP rklno5!all 'l' ,e-• l.it,1IT 2fJb l"yplc:1111 Per1:lng 5'!811 '1')(1&° TjjP. 51T1all Car P•""< b'--!l"Xlb'•!-· "'"'"" Oublde>.ru 6' htEh C-edat Lat!!"' Fenu wlO, 6' ~elieir H~9lr,g T,<,e5,~"-A~9"-ll!.~1"1'1t1Go"1Tl.l:'f x1..t1•H'1'9 U::5£it,,ir.;, cru.-.11,~-rrl:'ft!•,::,,,.,~ o::,r:z:: C:.IVIC-"DC)fle55 : t 2D~~ :1♦~ th Strlllc:L M•plc ~d"~• 15.C,. GA~ISAltll C..ROS&lNG PHASE 2 ~ITE PLAN II~ K.ly Ge""Jhty f\!./ C.RE ATIVES A-2 2 ► "'C "'C m z 0 x a [.~1■■ mapleridge.ca City of Maple Ridge ) TO: His Worship Mayor Michael Morden and Members of Council MEETING DATE: October 4, 2022 FILE NO: 2022-293-RZ FROM: SUBJECT: Chief Administrative Officer First Reading Zone Amending Bylaw No. 7881-2022 21511 and 21521 Exeter Avenue EXECUTIVE SUMMARY: MEETING: C o W An application has been received to rezone the subject properties, located at 21511 and 21521 Exeter Avenue, from RS-1a (Single Detached (Amenity) Residential) to R-4 (Single Detached (Infill) Urban Residential), to permit a future subdivision of two lots into three. To proceed further with this application additional information is required as outlined below. Pursuant to Council Policy 6.31, this application is subject to the Community Amenity Contribution (CAC) Program at a rate of $7,100.00 per new lot, for a total estimated amount of $7,100.00 or such rate applicable at third reading of this application. RECOMMENDATIONS: 1. That Zone Amending Bylaw No. 7881-2022 be given first reading; and further 2. That the applicant provides further information as described on Schedule B of the Development Procedures Bylaw No. 5879-1999, along with the information required a Subdivision application. DISCUSSION: a) Background Context: Applicant: Legal Description: OCP: Existing: Proposed: Within Urban Area Boundary: OCP Major Corridor: Zoning: Existing: Proposed: 2022-293-RZ Evertek Engineering Ltd Lot 235 & 236 District Lot 244 New Westminster District Plan 46774 Urban Residential Urban Residential Yes No RS-1a (Single Detached (Amenity) Residential) R-4 (Single Detached (Infill) Urban Residential) Page 1 of 4 1102 Surrounding Uses: North: South: East: West: Existing Use of Properties: Proposed Use of Property: Total Sites Area: Access: Servicing Requirement: Flood Plain: Fraser Sewer Area: b) Site Characteristics: Use: Residential Zone: RS-1b (Single Detached (Medium Density) Residential) Designation: Urban Residential Use: Residential Zone: RS-1a (Single Detached (Amenity) Residential) Designation: Urban Residential Use: Residential Zone: RS-1a (Single Detached (Amenity) Residential) Designation: Urban Residential Use: Residential Zone: RS-1a (Single Detached (Amenity) Residential) Designation: Urban Residential Residential Residential 1,413.5m2 (0.35 acres) Exeter Avenue Urban Standard No Yes The subject properties are at 21511 and 21521 Exeter Avenue and are sized at 683m2 (7,351.75 ft2) and 730.5m2 (7,863.04 ft2 ), respectively. Both sites are relatively flat. There is a cluster of trees in the northwest corner of 21511 Exeter Avenue, as well as a few in the fronting portion of 21521 Exeter Avenue. The subject properties are bounded by single family residential lots on all sides. There is an existing house on each property, which will require removal as a condition of final reading. c) Project Description: The development proposal is for the rezoning and subsequent subdivision of three R-4 lots (see Appendices A and B). A preliminary review indicates the proposal complies with the density and other regulations of the R-4 (Single Detached (Infill) Urban Residential) zone. There are no proposed variances for the site. At this time the current application has been assessed to determine its compliance with the Official Community Plan (OCP) and provide a land use assessment only. Detailed review and comments will need to be made once full application packages have been received. A more detailed analysis and further reports will be required prior to second reading. Such assessment may impact proposed lot boundaries and yields, OCP designations and bylaw particulars, and may require application for further development permits. Any subdivision layout provided is strictly preliminary and could change after servicing details and analysis reports are reviewed. Any subdivision layout provided is strictly preliminary and must be approved by the Approving Officer. 2022-293-RZ Page 2 of 4 d) Planning Analysis: Official Community Plan: The development site is currently designated Urban Residential in the OCP and is subject to the Residential Infill & Compatibility Criteria (3.1.4), sub-section No. 3-21. Please note that the designation permits single-family, duplex and triplex housing forms. This policy provides criteria for compatibility with the surrounding neighbourhood, with particular attention given to site design, setbacks, and lot configuration with the existing pattern of development in the area. It has been concluded that the proposal meets Policy 3-21 and compliments the existing neighbourhood context. The application to rezone the property to the R-4 (Single Detached (Infill) Urban Residential) zone is compliant with the OCP Infill Policies and is supportable. Zoning Bylaw: The current application proposes to rezone the properties from RS-1a (Single Detached (Amenity) Residential) to R-4 (Single Detached (Infill) Urban Residential) (see Appendix C) to create a new lot (see Appendix D). The minimum lot size for the current RS-1a zone is 668.0m2, and the minimum lot size for the proposed R-4 zone is 450.0m2. All three resulting lots will exceed 457 .0 m2 in area. Any variations from the requirements of the proposed zone will require a Development Variance Permit application. Development Information Meeting: A Development Information Meeting is not required for this application. e) Interdepartmental Implications: In order to advance the current application, after first reading, comments and input, will be sought from the various internal departments and external agencies listed below: a) Engineering Department; b) Operations Department; c) Fire Department; d) Building Department; e) School District; and f) Canada Post. The above list is intended to be indicative only and it may become necessary, as the application progresses, to liaise with agencies and/or departments not listed above. This application has not been forwarded to the Engineering Department for comments at this time; therefore, an evaluation of servicing and site access requirements have not been undertaken. This evaluation will take place between first and second reading. 2022-293-RZ Page 3 of 4 f) Development Applications: In order for this application to proceed the following information must be provided, as required by Development Procedures Bylaw No. 5879-1999 as amended: 1. A complete Rezoning Application (Schedule B); 2. A Subdivision Application. The above list is intended to be indicative only, other applications may be necessary as the assessment of the proposal progresses. CONCLUSION: The development proposal is in compliance with the OCP, therefore, it is recommended that Council grant first reading subject to additional information being provided and assessed prior to second reading. "Original signed by Annie Slater-Kinghorn" Prepared by: Annie Slater-Kinghorn, BA Planning Technician "Original signed by Christine Carter" Approved by: Christine Carter, M.PL, MCIP, RPP GM Planning & Development Services The following appendices are attached hereto: Appendix A -Subject Map Appendix B -Ortho Map Appendix C -Zone Amending Bylaw No. 7881-2022 Appendix D -Proposed Site Plan 2022-293-RZ "Original signed by Charles Goddard" Reviewed by: Charles R. Goddard, BA, MA Director of Planning "Original signed by Scott Hartman" Concurrence: Scott Hartman Chief Administrative Officer Page 4 of 4 (J) 0 Q.) co ~ ;..::, CJ1 0 0 0 "Tl )> - -I ~ m .. .. N )> 0 C N CO N NN O'> CD . (.,..) N' 0 :::0 NN N --(/) CD ~ )> I 0 z[> I 3 m "CS c5'" .. a: a: n m )> Q. <" CD )> "'O "'O 0 ~ o" ::J (J) --:::0 N u5 0 0 ""CJ < ""CJ --- 0 s ::r 0 CD ~ > CD ::J CD lJ r )> z z z G) 0 m lJ )> ~ s: m z -I r- (D cc CD :::::s C. ""CJ 0~ .....l. 0 ()1 o.....l. 0) .....l. I -- .....l. ~ .....l. .....l. ()1 •m ~x ~m Qo ni 0 ;a ~ )> ~< .....l.m ()1 z i(, C co m ~ n I\.) ~ "' <o ~ .... w 21472 21486 C) ~471 ~ 21489 ?J u 21488 ':,. W~ "'l, 2tsoe ?!JJi_ 21s22 12449 ~ ~ ~ ~ SPR/N GAV G'> JJ El 21523 ~ z G') ..... ._, l=' ~ .::::. c., ._, ~ ._, (J\ 0 ~ 21480 21486 21492 21500 21510 21520 21530 HOLLY ST m HOLLY ST 1,\. o¾.,. oS "' .... 0) w .;; ~ <::, 216 ST ~ .... C) ~ 0) <o 21590 21598 21591 I~ ~ CJ) 1J ;;o Z 121599 G) )> ~ I I~ ~ ~ ex, i .... 216 ST 21473 21480 \21475 21481 21488 I 21481 ~ 21487 ~ m ?J ~ m .... 0) "' C) 0, "'1-.... ::: - "' 0) ~ 21452 21458 ~ ~ <o __ ...__.....____ ..... "' 0, l:21 501 1~ ~ r Ii -~ ~ -, .... "' "' 0) 0) -"' 0) C) 21511 ~ (J) m C -I '1"'1'1""'--~ ro m c.... :::o m I )> () ~ -I ""'CJ ~ .... "' ~ w "' 0, ~ "' ~ "' ~ 0, 216 ST :::0 0 ""'CJ m ~ iii (J) m 21513 21523 21533 21543 21553 21563 \21573 21583 21593 "' 21550 ~ 21560 21568 21578 21588 21598 216 ST ~ ~~ ~ I ! I ~ I 21,., I I\.)) ~I .) 21605 ~ 121615 :::0 "' 0, ~ "' 21614 ~ ex, ..... "' 0) C) 0) "'I"' 0) 0) C -ex, ex, :::o .. N 21662 21672 21682 21692 Ii .... "-l (,11 ~ I 21687 m 21697 21614 21616 21624 z G'> 1--:-12-=-=16-=--=25:----+1------ll 21632 (') :::0 ~ 1-iz-16-39----1-1 --21-6-40---11 ~',1, ~~ 21651 \.99\.1., ~ ~ c::s ~ ~ " ~'l, ~ Qi ~ .gi '\.i ~ ~ ~ 21654 ..... ~ 21617 m 121631 X m rri I 21643 I ;::o )> ~ 121653 I 21663 21673 ~ .?;,; ~ ~ ~ 21624 21634 21644 21654 21664 21674 21684 21694 21625 21635 21645 .... "-l O'> > I 21655 I < m 21665 21675 21685 21695 21451 121457 21463 21471 21487 21555 -I 21565 :I: ~ r,;2::;-;15::;-75=---__J z 6 t,2;'715;:-;8::-:5--__J z ~ I 21595 m I L70l/l/ "' ~ 0) I I 216ST "' 0) 0, ~ C) --· )> -0 -0 m z 0 X )> Scale: 1 :2,500 APPENDIX 8 21511/ 21 EXETER AVENUE PI D 006-115-276 & 006-115-284 PLANNING DEPARTMENT mapleridge.ca FILE: 2022-293-RZ/SD DATE: Aug 26, 2022 BY:AH CITY OF MAPLE RIDGE BYLAW NO. 7881-2022 A Bylaw to amend Schedule 'A' Zoning Map forming part of Zoning Bylaw No. 7600-2019 as amended APPENDIXC WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 7600-2019 as amended; NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows: 1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7881-2022". 2. Those parcels or tracts of land and premises known and described as: Lot 235 District Lot 244, New Westminster District Plan 4677 4; and Lot 236 District Lot 244, New Westminster District Plan 4677 4 and outlined in heavy black line on Map No. 1984, a copy of which is attached hereto and forms part of this Bylaw, are hereby rezoned to R-4 (Single Detached (Infill) Urban 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 day of READ a second time the day of PUBLIC HEARING held the day of READ a third time the day of ADOPTED the day of PRESIDING MEMBER ,20 ,20 , 20 ,20 ,20 CORPORATE OFFICER ---.---r-------.----,-------,--~-~----~~ THORNTON AVE. co ('J ~ ('J <o (") ~ ('J ('J lO ~ ('J '\ 20 12619 12620 15 39 . __ ,,-~ 0 co <o lO N co co ~ ('J co 0) lO N 27 26 25 24 23 P710% 22 21 19 12615 18 ______ ...,_.._----'-1_;_;_26-'-1-'----11 / 16 ~ i>...ni 0 /~-0 ~ 12616 0 ~ ~ ~ r---"--~ ..... 43 1 7 0.. 40 '\, '\, 41 ('J42 I 12612 2 3 4 LMF 1023 11 f3 ~ (\J P 7 I078 16 12607 I 12 13 14 15 1 8 ~ q) ~ ~ O)<o ~ ~ ~ P 69503 ('J ('J ~ I ~L-_ _,___________ 12 , ... v---~ 4 co co ~ ('J P 7107B 2 1 q 12597 11 I /~ 10 / 0.. 12591 LO P 47_,54 65 164 163 162 EP 47B55--N 161 160 159 158 KETER AVE . *PP115 / p 71078 P 71095 17 P 69fo03 12606 14 15 16 17 18 19 P69503 (") (") (") (") .,.._ <'J (") <'1l0_ <'1~ <o(") 1'-lO 13 ~ lO lO " , ('JN N ~ N ~ N ~---.,,__--L___---L'~"_JL...._ _ _r<'-l~__J..c.--- 126 AVE . ('J 8 ~ ('J 7 6 9 12592 EP 46 775 234 235 I I 236 11 ~ ~ I I~ ~ ..... ('J N I l('J *PP1a'•~----• / EP46775 5 P6%03 ...- 3 ('J <o lO N 12514 2 (") co ~ ('J 20 (") 0) lO N 21 12535 209 12513 7' 0 ~ ~ § 230 1---~o--~a--~o-~l~la--~<o---~l<'J--~I 2 ~ <'J<'-l 0.. 0.. -I< -" 241 ~ ~ 210 12507 ~ ~ ~ I I~ ~ I~ N (\J ~ ('J ('J N roi IN ('J 1 1 N 2 ~ 233 232 231 2 P 58B58 """ _ 229 1 ;::::1 I 2 L __ _Dl __ _j--~--=-r:-1---~I 12507 ful I EP 59733 f 2i67 227 ~ I I t: ~ ---__J ...-3 ~7.s ~ 12503 P 59697 225 ?.;, ('J ~ SCP 43125 BCP 43124 t--- t--- 0.. 12508 ~ 0.. 0.. 242 12502 0) 211 12501 ~ 212 ('J SPRING AVE. 21497 sPR\NG p..\JE.. 224 ·\__ ----; ~ § 215 "-2" ~ 213 ~ ~ ~ ~ 21491 l IJJ 223 ~ Cl) 1-<'-l ___ t-_+-(\J------,------; 1 2 3 ,-,-N N .---___ ,__ ____ _, ~ ~~ ~ co 1---..1..<'J __ __,_<'-l ___ ..1--___ ,____, co (£ _J 216 "-2" 1-E_R_R_Y_Pr-~-A_c_E_~~------,--§-------,!--------~ A '1-:,o'I-['; ! ~22~2471 ~ 12470 0.. N N ('J ('J ro 21i5 ~~ t---00 ~ ID lrj ?? ?1 ?() 19 160 ...-~ ?:.:; ~ 3 MAPLE RIDGE ZONE AMENDING Bylaw No. Map No. From: To: MAPLE RIDGE British Columbia 7881-2022 1984 RS-1a (Single Detached (Amenity) Residential) R-4 (Single Detached (Infill) Urban Residential) 214 12469 ro201 t---9 12463 12618 12608 N l() ci 92 f ('() lO 0.. ~ 12606 N 12516 ~ 82 l() ~ 0.. 70 lO a ~ ('J 8 7 12464 L - 136 PL. 33418 ~ 112444 m 246 D N SCALE 1 :2,000 PROPOSED SUBDIVISION PLAN OF LOTS 235 AND 236 DISTRICT LOT 244 GROUP 1 NEW WESTMINSTER DISTRICT PLAN 46774 CIVIC ADDRESS: 21521 & 21511 Exeter A venue, Maple Ridge P.f.D. 006-115-276 and 006-115-284 SCALE 1 : 250 2.5 0 10 I;;;;;;;;~;;;;;;;;;;~~~---~~ 5 ALL DISTANCES ARE IN METRES LEGEND m2 DENOTES SQUARE METERS Lat dimensions are derived from field survey CERTIFIED CORRECT DA TED THIS 18TH DAY OF JULY, 2022 BCLS © ELEVA TE LAND SURVEYING LTD. 2022 9 7 6 PLAN 69503 PLAN 69503 PLAN 69503 .90" 21' 58" t 12.903 .12.900 1 12.910 ~ ~ ~ ~ ______ tSRWPLA"._46775II: ' ___ _j _______ _ I I ; : 3.oooLJ . : I I . 1 I . 237 234 PROPOSED PROPOSED PROPOSED = PLAN 46774 PLAN 46774 : LOT 1 I k~ I : LOT 2 g~ LOT 3 ~~ ~ ~ 485.1 m 2 I ~ ~ I . : 47_1. 7 m2 ~ ~ 458.0 m2 ~ g b~ bl"'.l . ·1: r• -y ,-I I r• -y " ,/ ""\ .. , • ,/ ""\t"''"\ "-'-_.,'-.., ~-'-....... ., :~1 •• •i/V •tO/ /•t I I -~ : . PLAN 4fi?74 ffO'OSEI/S?W I I ! "t-I ·o; . . ·". I r-,1.500: ·::t: 1.500t-i I : :~ : I I :): - ·. · : 12.944 I I : i2.946 20" 12.946 4?' 85" EXETER AVENUE www.elevatelandsurveylng.com finny@elevatelandsurveylng.com ~ l:Lc:V/~JC: LAND SURVEYING FILE:22-,-1907-PSD 604-385-5571 > -c -c rn z C, X C, TO: City of Maple Ridge His Worship Mayor Michael Morden and Members of Council MEETING DATE: October 4, 2022 FILE NO: 2020-014-RZ FROM: Chief Administrative Officer MEETING: C o W SUBJECT: Second Reading Zone Amending Bylaw No. 7648-2020 12209 Laity Street EXECUTIVE SUMMARY: An application has been received to rezone the subject property located at 12209 Laity Street from RS-1 (Single Detached Residential) to R-1 (Single Detached (Low Density) Urban Residential), to permit a future two lot subdivision. Council granted first reading to Zone Amending Bylaw No. 7648-2020 on July 14, 2020. A minor amendment to Zone Amending Bylaw No. 7648-2020, is required to reflect the current zone names in Zoning Bylaw No. 7600-2019 rather than what was in Zoning Bylaw No. 3510-1985 which has since been repealed and replaced. This application is in compliance with the Official Community Plan (OCP). Pursuant to Council Policy 6.31, this application is subject to the Community Amenity Contribution (CAC) Program at a rate of $7,100.00 per single family lot, for an estimated amount of $7,100.00, or such rate applicable at third reading of this application. RECOMMENDATIONS: 1. That Zone Amending Bylaw No. 7648-2020 as amended, be given second reading, and be forwarded to Public Hearing; and further 2. That the following terms and conditions be met prior to final reading: i) Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of a security, as outlined in the Agreement; ii) Registration of a Restrictive Covenant for Tree Protection; iii) Registration of a Restrictive Covenant for Stormwater Management; iv) Removal of existing building(s); v) In addition to the Ministry of Environment Site Disclosure Statement, a disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks on the subject property. If so, a Stage 1 Site Investigation Report is required to ensure that the subject property is not a contaminated site; and vi) That a contribution, in the amount of $7,100.00, 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. 2020-014-RZ Page 1 of 5 1103 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: Flood Plain: Fraser Sewer Area: Previous OR Companion Applications: 2020-014-RZ Pavan Rakhra Lot 339 District Lot 242 New Westminster District Plan 60659 Urban Residential Urban Residential Yes None Yes RS-1 (Single Detached Residential) R-1 (Single Detached (Low Density) Urban Residential) Residential Single-Family RS-1 (Single Detached Residential) Urban Residential Residential Single-Family RS-1 (Single Detached Residential) Urban Residential Residential Single-Family RS-1 (Single Detached Residential) Urban Residential Residential Single-Family RS-1 (Single Detached Residential) Urban Residential Residential Single-Family Residential Single-Family 915m2 Laity Street Urban or Rural Standard No Yes 2020-014-SD Page 2 of 5 2. Project Description: The current application proposes to rezone the subject property, located at 12209 Laity Street, from RS-1 (Single Detached Residential) to R-1 (Single Detached (Low Density) Urban Residential), in order to create two single family residential lots of approximately 454m2 and 459m2 in area (see Appendices A and B). The two new lots are approximately 39.6 metres in depth and are each 11.58 metres wide. The proposed zone requires a width of 12 metres, therefore a Development Variance Permit application is required. There are three significant trees along the frontage of the proposed development that will be protected by a restrictive covenant. 3. Planning Analysis: i) Official Community Plan: The development site is currently designated Urban Residential. The development site is situated along Laity Street, classified as a major corridor. 0CP policy 3-18 describes the general characteristics for Major Corridor Residential Infill: a) Major Corridor Residential is characterized by the following: i. has frontage on an existing Major Road Corridor as identified on Figure 4 Proposed Major Corridor Network Plan, or has frontage on a road built in whole or part to a collector, arterial, TransUnk Major Road, or Provincial Highway standard; ii. may be adjacent to Community Commercial Node, or designated commercial centre. b) Includes ground-oriented housing forms such as single detached dwellings, garden suites, duplexes, triplexes, fourplexes, courtyard residential developments, townhouses, apartments, or small lot intensive residential, subject to compliance with Major Corridor Residential Infill policies 3-20 and 3-21. These 0CP policies require infill developments to respect and reinforce the physical patterns and characteristics of the neighbourhood. Furthermore, 0CP Policy 3-20 (b) limits the height of dwellings to 2.5 storeys. The Urban Residential designation supports the proposed development under the R-1 zone. ii) Zoning Bylaw: The current application proposes to rezone the subject property from RS-1 (Single Detached Residential) to R-1 (Single Detached (Low Density) Urban Residential) to permit future subdivision into two lots (see Appendix C and D). The subject property is 915m2 in area, and the minimum lot size for the proposed zone is 371m2• The proposal is creating two single-family lots of approximately 454m2 and 459m2 in area, each 11.58m in width. As the proposed zone requires a 12m width, such a variation from the R-1 zone requirements will require a Development Variance Permit application to be approved as a condition of rezoning approval. iii) Off-Street Parking and Loading Bylaw: The proposed development would require a minimum of two parking spaces per dwelling unit. At least one parking space will require roughed-in electrical infrastructure capable of Level 2 electric vehicle charging. Visitor parking will not be required. 2020-014-RZ Page 3 of 5 iv) Proposed Variances: A Development Variance Permit application has been received for this project and involves the following relaxations (see Appendix D): 1) Reducing the road width from 24.0 metres to 18.0 metres; and 2) Reducing the lot width from 12.0 metres to 11.5 metres. Maple Ridge Subdivision and Development Servicing Bylaw No. 4800 -1993 The requested variance to reduce the road standard from 24.0 metres to 18.0 metres will be subject of a future Council Report. Engineering is supportive of reducing the required road width of 24.0 metres as this width is not required for this section of Laity Street. Maple Ridge Zoning Bylaw No. 7600-2019 The requested variances to the R-1 zone will be the subject of a future Council report. v) Advisory Design Panel: A Development Permit is not required; therefore the application will not be reviewed by the Advisory Design Panel. vi) Development Information Meeting: The proposed development is creating two single family residential lots, and therefore a Development Information Meeting is not required for this application. vii) Parkland Requirement: As there are less than three lots being created, the developer will be not be subject to the park dedication requirements of Section 510 of the Local Government Act prior to subdivision approval. 4. Interdepartmental Implications: i) Engineering Department: The Engineering Department has indicated that the following servicing upgrades will be required through the Rezoning Servicing Agreement: • Road dedication as required to meet the design criteria of the Subdivision and Development Bylaw No. 4800-1993; • Utility servicing as required to meet the design criteria of the Subdivision and Development Bylaw No. 4800-1993; and • Frontage upgrades to the applicable road standard; 2020-014-RZ Page 4 of 5 CONCLUSION: It is recommended that second reading as amended, be given to Zone Amending Bylaw No. 7648-2020, and that Development Application No. 2020-014-RZ be forwarded to Public Hearing. "Original signed by Tyson Baker" Prepared by: Tyson Baker, B.PI. Planning Technician "Original signed by Christine Carter" Approved by: Christine Carter, M.PL, MCIP, RPP GM Planning & Development Services The following appendices are attached hereto: Appendix A -Subject Map Appendix B -Ortho Map Appendix C -Zone Amending Bylaw No. 7648-2020 Appendix D -Subdivision Plan 2020-014-RZ "Original signed by Mark McMullen" for Reviewed by: Charles R. Goddard, BA, MA Director of Planning "Original signed by Scott Hartman" Concurrence: Scott Hartman Chief Administrative Officer Page 5 of 5 (/) C"l ti) ' ni ~~ .... .... "' J 21155 21153 'fo <,;, "" ..... 21156 - ~ z ....>. i0 0 0 0 21166 21161 21158 -----211, NORFOLK PL. 21157 21161 ) 21163 21160 21178 21167 21170 ?~ ~ I 21175 21160 21175 21188 c.Y ..... 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N ~ -i N ~ N N N N "' .... 0, 0 N N N '--"' "' 21240 21247 (0 <,;, 0, 0, "' (0 ' ..... ..... -0 "' <O <,;, "' "' ..... :::0 '-- 0 LAITY ST. ------::-'--..... ..... " --0 f--- N ..... N N N N N ..... N m - ..... N N ..... ..... ..... ..... ~ ..... ..... ..... 1:5 N N ::u ..... ..... N 21282 N 0, 0, co (0 ..... <,;, N N N <,;, N 0, -i co co 0, 0, c:, N .... N N <O N -< 0) co .... .... 0 N 21282 T 21292 21290 21298 21297 ~ N 21292 21297 N - 21312 21295 CD 21291 21300 21288 ~ m 21293 21299 21302 21305 21302 2129 21318 0 21301 ~ )> N - 21314 ~ "' 2130 lJ 21290 ~ CD 21310 21311 21309 m 21311 ~ rn ~ r N 21308 N r N ~ 21320 ~ 21320 ~ ~ 21292 I --~ 21321 rn 21319 m ~ )> rn 21328 21321 21322 21328 /1~ 21314 "'C "'C 21328 21323 21327 ""l m ;:;; ~~ ..... z 21330 21321 N N 1 (0 (0 21334 6 0, co 21332 0 21325 21333 >< 21340 21349 fi'1340 21351 21359 I )> 21360 ~-~ - 1 Scale: 1 :2,000 APPENDIX B 12209 LAITY STREET PIO: 002-574-331 FILE: 2020-014-RZ DATE: Jan 23, 2020 PLANNING DEPARTMENT _..! 11111 maple ridge.ca BY:PC CITY OF MAPLE RIDGE BYLAW NO. 7648-2020 APPENDIXC A Bylaw to amend Schedule "A" Zoning Bylaw Map forming part of Zoning Bylaw No. 7600 -2019 as amended 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. 7648-2020." 2. That parcel or tract of land and premises known and described as: Lot 339, District Lot 242, Group 1, New Westminster District Plan 60659 and outlined in heavy black line on Map No. 1840 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). 3. Maple Ridge Zoning Bylaw No. 7600-2019 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the 14th day of July, 2020. 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 CORPORATE OFFICER ,20 86 P 65631 12329 (0 275 ~ --321 12310 1 vU\.IJ~ 320 319 318 317 316 315 ' EP 46260 LMP 35158 LMP 35282 LMP 35019 LMP 35291 Ml <o 0(0 ie ~ <o ('I CO I.{) ~ ~ Cr) 314 12291 ) ~, I.{) ~ ~ (0 ('\j ~ ~ ) ~ ~ ,-~ ~ o ~ N C'\I ~ ~ I ~ A ;;i ('\j Rem 34 ~ 1 2 Rem 4 Rem 5 ~ 3 I :'.2 I 1 2 P 3122~ BCP:,62m P 53~0 ~ ;; N E (1)5 & :s: :3 ~!t> co ...J P 69352 _ _ _ -ii:> ,.... -lli 12277 ~ ~1 EF 73089-... ~ .... EPrass -~ --(j) 2 __J 651 BCF 755!~ 2 ~ P73f394 0.. =~,...IO 1 Jt-P-804_2_4 ___ --1 0) cal 1 2 ~ 3 r--. 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(0 ~ 12128 ...J 0.. ~ ., C\I ~ C\I ~ ~ ~ ~ __J '----L-C\J~_;;_;---~--C\j C'I -L.,__--'-C\j.:L..---C\j--1 121 AVE. ,------r---......,....-------,----, EPP 77610....---,------.----.----.---.._ 126 P47383 ~2116 ~ ~ ~ ~IJ O ('\j M~ "<;j" ~ <O"<;j" ~ ~ ~ 3 (!)(.Q 4 ('\j I') ~ LO ~ ~ E(') E (!)~ ~ ,... ,... 1---12_11_6 __ t'H-+n ___ 12_1_15--;~ & Rem 1 ~ 66 ~ 67 ('168~ 1 ~ 2~ ~~ & ~ w o c-,., C'l 1 2(\j 12101-53 12112 2 f2 5 12111 co .~ p 7499 F 3250!> §::=PP S12~:gt. p 7499 LMP 8262 1------~~-----~~~: W/\ MAPLE RIDGE ZONE AMENDING Bylaw No. Map No. From: To: MAPLE RIDGE British Columbia 7648-2020 1840 RS-1 (Single Detached Residential) R-1 (Single Detached (Low Density) Urban Residential) D N SCALE 1 :2,500 CJ[) 349 350 152 Notes: Storm and Sanitary Pipe Sizes shown are taken from the Asbu17ts as shown on the City of Maple Ridge G!S map. Benchmark Notes: Devotions Are Geodetic Referred to Monument: 85H0741 Monument Elevation:J2.877m Located Al: the centre of the intersection of Wickland Avenue and Laity Street Verical Datum: CVD28GVRD2018 Lot dimensions ore based on plan 60659 and may change with a curren I legal survey. 340 1>{\, ,/ H~ ~ ~ 9".-J6.58 -------l 153 SCALE : 250 15 20 l Storm 11H ~ RfflEJ:.14.(Jf "" (r.,._ll' I I I I I I I I I I ,....., 1i"~ I -.b I Cl) I I=!:: I t:, : -.J I '-' 1"' I I I I I I 11 i: I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I l S/(lml IIH~ Rin 8:JI.!H 25 m I @SanlfaryUH [ Riri &!'.=Jt05 APPENDIX D ® _T_err_a_P_ac_if_ic_ Lond Surve)ing Ltd 22371 St. Anne A,,e,ue, Maple Ridge, 8C P~ooe: 604-463-2509 Fcix: 6();-+63--4501 Client.· MP Pacific Developments Ltd. Project: 12209 Laity Street, Maple Ridge, BC Drawing Tille: Topographic Survey Plan of Lot 339 District Lot 242 Group New Westminster District Plan 60659 Ct:rlilied Crxrect 7/ris f7th Day Of Ja,war_;; 2020 Legend: @ Surwy C011trol Monument ♦ Tre,s, (ffed Al Paint Of fntry Into The Ground) Groond EJeyatJ'on '21 Catch Bash Drtch (Swale) _/,L_ Ed9e Of Asphalt 18> Fve Hydnml ,_ Guy IWo lnspectloo C!lamber 0 lawn Oroin t:(-0 lamp 51t1fldard 0 MOMcle 4 Power Pole Power Pde lt1th Ught IX] Wat&"" Vo/w 'Iii Sig, C Cas Voll'B 1!11 Cos Metr:r Scale: 1: 250 1 Dale: Jon. 17th, 2020 Of File: MR/9-474 TOPO 2 1 1104City of Maple Ridge TO: His Worship Mayor Michael Morden and Members of Council MEETING DATE: October 4, 2022 FILE NO: 2021-564-DP FROM: SUBJECT: Chief Administrative Officer MEETING: C o W First, Second, and Third Reading Housing Agreement Discharge Bylaw No. 7876-2022 Housing Agreement Bylaw No. 7877-2022 23004 Dewdney Trunk Road EXECUTIVE SUMMARY: A Development Permit application has been received for the subject property, located at 23004 Dewdney Trunk Road, for a mixed-use commercial and residential building, with five rental units and five strata units. The previously approved Development Permit application that accompanied the rezoning of the property in 2017 included two rental units, therefore the previous Housing Agreement needs to be discharged and a new Housing Agreement will be registered for the new development with the five rental units. RECOMMENDATIONS: 1. That Housing Agreement Discharge Bylaw No. 7876-2022, to discharge the previous Housing Agreement Bylaw No. 7345-2017, be given first, second, and third reading; and further 2. That Housing Agreement Bylaw No. 7877-2022 be given first, second and third reading. DISCUSSION: a) Background Context: Applicant: Legal Description: OCP: Existing: Proposed: Within Urban Area Boundary: OCP Major Corridor: Zoning: Existing: Proposed: 2021-564-DP P. Smith, Smithcraft Architecture Parcel A (Reference Plan 7941) Lot 1 Except: Part Dedicated Road Plan NWP87590; Section 17, Township 12, New Westminster District Plan 3179 Commercial Commercial Yes Yes C-2 (Community Commercial) C-2 (Community Commercial) Page 1 of 3 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: Floodplain: Fraser Sewer Area: b) Project Description: Commercial (Optometrist, Spa, Office) CD-2-95 (Comprehensive Development) Commercial Single-Family Residential RS-1 (Single Detached Residential) Urban Residential Seniors' Housing RE (Elderly Citizens Residential) Urban Residential Single-Family Residential RS-1 (Single Detached Residential) Urban Residential Vacant Commercial and Residential 892 m2 (0.2 acres) 230 Street Urban Standard No Yes The subject property, located at 23004 Dewdney Trunk Road (see Appendices A and B), was previously rezoned to the C-2 (Community Commercial) zone on November 14, 2017. The approved Development Permit that accompanied the rezoning application consisted of a medical office and pharmacy, with two rental units above (see Appendix C). The rental units were required as a condition of the rezoning to support the Official Community Plan amendment to allow the commercial use at this location. The current Development Permit application (2021-564-DP) is proposing an additional storey, based on the density bonus provisions within Zoning Bylaw No. 7600-2019, which allows a third storey up to a maximum height of 12m (39.4 ft.) for properties located along a Major Corridor. The new development is proposing three commercial units at grade, five rental units on the second storey, and five strata units on the third storey (see Appendix D). c) Planning Analysis: Official Community Plan: The Official Community Plan (OCP) land use designation for the subject property was amended to Commercial with the Rezoning application in 2017. The proposed development is consistent with the land use designation and zone; however the Housing Agreement needs to reflect the correct number of units, increasing from two rental units to five rental units. Zoning Bylaw: The subject property is zoned C-2 (Community Commercial) and the development proposal complies with this zone. 2021-564-DP Page 2 of 3 Housing Agreement Bylaws: Housing Agreement Bylaw No. 7876-2022 (see Appendix E) is required to discharge the current Housing Agreement Bylaw No. 7345-2017 from Title, which references two rental units based on an expired development proposal (2016-352-DP). Housing Agreement Bylaw No. 7877-2022 (see Appendix F) is required to enter into a new Housing Agreement for the five rental units which will be provided with the new development proposal. Development Permits: Pursuant to Section 8.5 of the OCP, a Commercial Development Permit application is required to address the current proposal's compatibility with adjacent development, and to enhance the unique character of the community. This Commercial Development Permit report is anticipated to come to Council at a future date with final reading for the two subject Housing Agreement Bylaws. CONCLUSION: The development proposal is in compliance with the OCP and zoning. The replacement Housing Agreement Bylaw No. 7877-2022 will secure more than the two rental units that were originally contemplated at the time of rezoning, therefore a Public Hearing is not required. It is therefore recommended that Council grant first, second, and third reading to the Housing Agreement Discharge Bylaw No. 7876-2022 and first, second, and third reading to the new Housing Agreement Bylaw No. 7877-2022. "Original signed by Michelle Baski" Prepared by: Michelle Baski, AScT, MA 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 -Ortho Map Appendix C -Second Reading Report for 2016-352-RZ Appendix D -Proposed Site Plan Appendix E -Housing Agreement Discharge Bylaw No. 7876-2022 Appendix F -Housing Agreement Bylaw No. 7877-2022 2021-564-DP Page 3 of 3 ~ MAPLE RIDGE ------British Columbia mapleridge.ca City of Maple Ridge TO: FROM: SUBJECT: Her Worship Mayor Nicole Read and Members of Council Chief Administrative Officer First and Second Reading MEETING DATE: FILE NO: MEETING: June 13, 2017 2016-352-RZ Council Official Community Plan Amending Bylaw No. 7288-2016 and Second Reading Zone Amending Bylaw No. 7289-2016 First, Second, and Third Reading Housing Agreement Bylaw No. 7345-2017 23004 Dewdney Trunk Road EXECUTIVE SUMMARY: APPENDIXC An application has been received to rezone the subject property, located at 23004 Dewdney Trunk Road, from RS-1 (One Family Urban Residential) to C-2 (Community Commercial), to permit a future medical clinic and pharmacy, with two rental units above. Council granted first reading to Zone Amending Bylaw No. 7289-2016 and considered the early consultation requirements for the Official Community Plan (OCP) amendment on October 25, 2016. This application requires an amendment to the Official Community Plan (OCP) to redesignate the land use from Urban Residential to Commercial. Pursuant to Council policy, this application is exempt from the Community Amenity Contribution Program as the development is for commercial purposes, and is providing two rental units which will be secured through a Housing Agreement with the City. RECOMMENDATIONS: 1) That, in accordance with Section 475 of the Local Government Act, opportunity for early and on-going consultation has been provided by way of posting Official Community Plan Amending Bylaw No. 7288-2016 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. 7288-2016 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. 7288-2016 is consistent with the Capital Expenditure Plan and Waste Management Plan; 4) That Official Community Plan Amending Bylaw No. 7288-2016 be given first and second readings and be forwarded to Public Hearing; -1- 5) That Zone Amending Bylaw No. 7289-2016 be given second reading, and be forwarded to Public Hearing; 6) That 23004 Dewdney Trunk Road Housing Agreement Bylaw No. 7345-2017 be given first, second and third readings; and 7) That the following terms and conditions be met prior to final reading: i) Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of a security, as outlined in the Agreement; ii) Amendment to Official Community Plan Schedule "B"; iii) Registration of a Restrictive Covenant for protecting the Visitor Parking; iv) Registration of a Restrictive Covenant for protecting the Stormwater Management Plan; v) Registration of a Housing Agreement in accordance with Section 483 of the Local Government Act and a Restrictive Covenant stating that the two residential units above the commercial ground floor will be restricted to residential rental units; and vi) In addition to the site profile, a disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks on the subject property. If so, a Stage 1 Site Investigation Report is required to ensure that the subject property is not a contaminated site. DISCUSSION: 1) Background Context: Applicant: Legal Description: OCP: Existing: Proposed: Zoning: Existing: Proposed: Surrounding Uses: B. Chadwick Parcel A (Reference Plan 7941) Lot 1, Except: Part Dedicated Road Plan NWP87590, Section 17, Township 12, NWD Plan 3179 Urban Residential Commercial RS-1 (One Family Urban Residential) C-2 (Community Commercial) North: Use: Commercial (Optometrist, Spa, Office) Zone: CD-2-95 (Comprehensive Development) Designation: Commercial South: Use: Single Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Urban Residential East: Use: Seniors' Housing Zone: RE (Elderly Citizens Residential) Designation: Urban Residential - 2 - West: Use: Single Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Urban Residential Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing requirement: Companion Applications: 2} Project Description: Vacant Medical Office, Pharmacy, Two Rental Dwelling Units 892 m2 (0.2 acres) 230 Street Urban Standard 2016-352-DP/DVP The subject property, located at 23004 Dewdney Trunk Road, is relatively flat and is bounded by Dewdney Trunk Road to the north, 230 Street to the west, single family residential to the south, and a seniors' housing development to the east (see Appendices A and B). The applicant has requested to rezone the subject property from RS-1 (One Family Urban Residential) to C-2 (Community Commercial), for the development of a medical office, pharmacy and two rental dwelling units above. Pursuant to Council policy, this application is exempt from the Community Amenity Contribution Program as the development is for commercial purposes, and is providing two rental units which will be secured through a Housing Agreement with the City. 3} Planning Analysis: The subject property is currently designated Urban Residential -Major Corridor. The proposed rezoning to C-2 (Community Commercial) is not a compatible zone for the Urban Residential -Major Corridor designation; therefore, an OCP amendment application is required to re-designate the subject property from Urban Residential to Commercial -General Commercial category (see Appendix C). Although commercial expansion along Dewdney Trunk Road is not taken lightly, this OCP amendment could be supported for a number of reasons. The General Commercial category is consistent with other General Commercial lands that are identified in the OCP, along Dewdney Trunk Road, east of the Town Centre. In keeping with Policy 6-20 of the OCP, the subject property, which is located on the corner of a major corridor, is located such that it has "suitable linkages to other commercial centres and nodes, and residential neighbourhoods. Linkages include an adequate transportation system, which considers transit, trails, bikeways, pedestrian corridors and roadways." Principle 19 of the OCP also states that: "There is value in identifying new lands for commercial and industrial uses to secure locations for future employment that will help to create a balanced community. Citizens prefer locations where commercial and industrial activities 'fit' within the community context." As there are existing commercial developments to the north-east and north-west, the additional commercial development on the subject property would fit with the existing context. The applicant intends to provide two dwelling units above the professional service use as rental housing units in perpetuity, and the owner will enter into a Rental Housing Agreement with the City of Maple Ridge (see Appendix D). This OCP amendment is supported by the Housing Action Plan, Strategy #4 -Create New Rental Housing Opportunities, which includes the following action: - 3 - "Facilitate the development of new rental units above commercial developments or as other forms of secured market rental housing. The widening of the District's (City's) residentia/-over-commercial zoning regulations to more zones, especially for zones that apply to areas of density transition, along with the use of density bonusing, reduction in permit fees, or parking relaxations can be used to encourage this type of investment. The units can be restricted for the purposes of market rental use by way of a housing agreement and covenant on title." OCP policy 3-32 also supports the rental units, as follows: "Maple Ridge supports the provision of affordable, rental and special needs housing throughout the District (City). Where appropriate, the provision of affordable, rental, and special needs housing will be a component of area plans." Additionally, on August 29, 2016, Council directed staff to develop a policy to support rental units above commercial development, and this forms part of the Planning Department's 2017 Work Program. Commercial and Industrial Strategy: The Commercial and Industrial Strategy Report 2012-2042, endorsed by Council in 2014, categorized the subject property geographically with the Town Centre for the purpose of commercial space demand forecasting. This "Town Centre Fringe" area was not expected to be a significant contributor to commercial land supply in the Town Centre. As this development proposes a "mixed use", combining office space development with rental accommodation, the forecasting provided by GP Rollo and Associates for office space developments are pertinent: "The location of office space within mixed-use formats is the most likely means by which additional speculative office space will be added to the Town Centre, given that current and projected office /ease rates are likely insufficient to allow for an economically feasible stand-alone office project (at /east in the near-term)." Additionally, it is noted that "the sectors with the most growth potential in Maple Ridge include: Business Services, Manufacturing, Retail, Education, as we// as Health and Welfare/Public Administration" and one strategy would be to: "Continue to support the Economic Development office and their work to attract entrepreneurs, businesses and employees." The Health and Welfare sector is forecasted to employ 5,100 people by 2041. As the population grows, employment in the Health and Welfare sector will grow. An aging population will also increase jobs in Health and Welfare. Zoning Bylaw: The current application proposes to rezone the subject property from RS-1 (One Family Urban Residential) to C-2 (Community Commercial) (see Appendix E) to permit the development of a medical office, pharmacy and two rental dwelling units above (see Appendix F). Any variations from the requirements of the proposed zone will require a Development Variance Permit application. - 4 - Currently, the C-2 (Community Commercial) zone permits accessory apartment use; however, an apartment is defined in the Zoning Bylaw as "a residential use where the building or buildings on a lot are each used for three or more dwelling units. Apartment building(s) may contain Townhouse dwelling units." By this definition, the two proposed dwelling units could not be considered as "apartment", as it is less than three units. In order to accommodate one or two dwelling units above a commercial development, a text amendment is proposed for the C-2 (Community Commercial) zone to allow for one or two dwelling units as permitted accessory uses (see Appendix E). i} Off-street Parking And Loading Bylaw: The Off-Street Parking and Loading Bylaw requires 1 parking space per 30m2 gross floor area for a retail and/or professional service use; 1 concealed parking space per dwelling unit for the apartment use; and 0.2 concealed parking spaces per dwelling unit to be designated for visitor parking spaces. The gross floor area of the retail and professional service uses is 291m2, requiring 10 parking spaces. The two apartment units require 2 concealed parking spaces for residents and one concealed space for visitors. For this development, 11 parking spaces are provided for the retail and professional service uses, two concealed parking spaces are provided for the residents, and one un-concealed parking space is provided for visitors. A variance is required for the un-concealed visitor parking space, which will be the subject of a future Council report. It should be noted that the main concern expressed at the Development Information Meeting, held on May 24, 2017, was that patients coming to the clinic would be parking along 230 Street and be a nuisance to the residents in the area. The developer explained that the clinic is not intended to be a walk-in clinic, therefore the parking would be regulated by appointment schedules. On-street parking is intended to be for the general public. ii} Proposed Variances: A Development Variance Permit application has been received for this project and involves the following relaxations (see Appendix E): • Zoning Bylaw No. 3510 -1985, Section 403 (4) (e) (i) Where a use on lands designated Commercial abuts a use on lands designated Residential, a landscape screen of a minimum of 2.0m in height and a maximum of 3.6m in height shall be provided along common property lines between the abutting uses. The C-2 (Community Commercial) zone does not have an interior lot line setback requirement; therefore this development is proposed to have a Om setback along the eastern property line. The existing RE (Elderly Citizens Residential) zoned development to the east currently has a cedar hedge along the property line which will serve as a landscape buffer between the proposed development and the property to the east. A 2.0m cedar fence is proposed along the south-eastern and southern property lines, along with landscaping to serve as a landscape screen. • Off-Street Parking and Loading Bylaw No. 4350 -1990, requires 0.2 concealed spaces per dwelling unit designated for visitors. The visitor's parking space for the two residential units is not concealed; however, the parking space will be identified as a parking space for residential use and a restrictive covenant will be registered - 5 - on Title to ensure that the parking space remains a visitor parking space for the residential dwelling units. The requested variances will be the subject of a future report to Council. iii) Development Permits: Pursuant to Section 8.5 of the OCP, a Commercial Development Permit application is required to address the current proposal's ability to foster attractive commercial areas that are compatible with adjacent development and enhance the unique character of the community. Accordingly, prior to final zoning approval, the Development Permit must be reviewed and approved. An application for the Development Permit has been received. Adherence of this project to the guidelines will be the subject of a future report to Council and a security will be taken as a condition of the issuance of the Development Permit to ensure that the Development Permit Area guidelines are met. iv) Advisory Design Panel: The Advisory Design Panel (ADP) reviewed the form and character of the proposed development and the landscaping plans at a meeting held on March 14, 2017 (see Appendices G and H). Following presentations by the project Architect and Landscape Architect, the ADP made the following resolution that the following concerns be addressed and digital versions of revised drawings and memo be submitted to Planning staff; and further that Planning staff forward this on to the Advisory Design Panel for information: 1. Provide a locked garbage enclosure, coordinate appropriately with the architecture of the building. Cannot be a shared space with visitor parking. 2. Enhance the walkway from the parkade to the residential entrance. 3. Direct water to the bioswale from parking lot, walk ways and from the roof. 4. Provide site furniture or landscape structure for seating. 5. Use landscape elements to define pedestrian entrance to the site. 6. Provide large trees to complement the magnolia trees. 7. Provide bike rack. 8. Clarify the locations of the underground tank for grey water from the clinic and retention tank for the site. 9. Provide architectural feature and public art to enhance the truncated corner of the building. 10. Provide a way finding element for pedestrians in the surface treatment and landscaping edges on the site. 11. Provide canopies at the main entrances to the clinic and the pharmacy. 12. Recess the pharmacy doors on Dewdney Trunk Road. 13. Provide access door from garage to the stairs. 14. Express the residential entrances more clearly. 15. Provide skylight above the residential stairwell. 16. Locate skylight at the 90 degree corner at residential level; a minimum 2 feet from the wall. 17. Provide canopies for the residential entrances. 18. Gas meter location to be identified and properly screened. 19. Provide canopy over outdoor patio or terrace. Enhance and provide details of screen and canopy at residential terrace. 20. Provide lighting design for the site and the exterior of the building. -6 - The ADP concerns have been addressed and are reflected in the current plans. A detailed description of how these items were incorporated into the final design will be included in a future development permit report to Council. v) Development Information Meeting: A Development Information Meeting was held at the Maple Ridge Leisure Centre Preschool Room, on May 24, 2017. Three people attended the meeting. A summary of the main comments and discussions with the attendees was provided by the applicant and include the following main points: • Concerns with additional people parking along 230 Street; • Enquired about the landscaping screening along the eastern and southern property lines; and • Concerned about HVAC units taking up a potential parking space. The following are provided in response to the issues raised by the public: • As discussed above in the Off-Street Parking and Loading Bylaw section, the clinic is not intended to be a walk-in clinic, so parking will be somewhat regulated by appointment schedules. Parking along streets is for the general public. • A 2.0m cedar fence in addition to landscaping will be provided along the southern and south-eastern property lines. • The developer had proposed to have the HVAC units along 230 Street, next to the sidewalk. This is not a desirable location from a pedestrian's perspective, so the City had requested for the units to be placed on the roof. The developer was not willing to revise their roof plan to accommodate this; therefore they moved the HVAC units next to the building, which will keep the units away from the pedestrian realm and allow for an additional parking space. 4) Interdepartmental Implications: i) Engineering Department: The Engineering Department has identified that all the services required in support of this development do not yet exist. It will be necessary for the owner to enter into a Rezoning Servicing Agreement and provide the securities to do the required work in that Agreement. Required servicing will include: • Concrete curb and gutter across the site frontage on the east side of 230 Street. • Upgrading of 230 Street to an urban collector standard. • A 1.5m wide concrete sidewalk across the site frontage on the east side of 230 Street. • The existing driveway letdown on Dewdney Trunk Road will need to be removed. • The storm sewer will need to be extended along the 230 Street frontage from the existing main on Dewdney Trunk Road • Onsite storm sewer services to be designed to meet the three-tier criteria for stormwater management, as outlined in the Watercourse Protection Bylaw and the Subdivision and Development Services Bylaw. • A street light design is required for 230 Street. • A street tree design is required for 230 Street and Dewdney Trunk Road. - 7 - • A new water service connection will need to be installed by the City before the road improvement works are constructed on 230 Street. • Asphalt widening along the west side. of 230 Street to allow for a 1.2m wide asphalt walkway and repaint crosswalks. ii) License. Permits and Bylaws Department: The Licences, Permits and Bylaws Department has reviewed the development application and has provided comments related to Building Code requirements which have been provided to the developer. These comments will be reviewed again at the Building Permit stage. iii) Fire Department: The Fire Department has provided comments to the developer regarding fire safety plans, architectural plans, fire alarm information, fire department connection, and address visibility, which will be addressed at the Building Permit stage. 5) School District No. 42 Comments: Pursuant to Section 4 76 of the Local Government Act, consultation with School District No. 42 is required at the time of preparing or amending the OCP. A referral was sent to School District No. 42 on February 28, 2017 and a response was received on March 3, 2017, as follows: "Golden Ears Elementary has an operating capacity of 526 students. For the 2016-17 school year, the student enrolment at Golden Ears Elementary is 484 students (93% utilization) including 154 students from out of catchment. Thomas Haney Secondary School has an operating capacity of 1200 students. For the 2016-17 school year, the student enrolment at Thomas Haney Secondary School is 1098 students (91.5% utilization), including 707 students from out of catchment." As this proposed mixed-use commercial development involves only two residential units, it's not expected to have a significant impact on the School District catchment areas. 6) Intergovernmental Issues: i) Local Government Act: An amendment to the OCP requires the local government to consult with any affected parties and to adopt related bylaws in compliance with the procedures outlined in Section 4 77 of the Local Government Act. The amendment required for this application, to amend the land use designation from Urban Residential to Commercial, is considered to be minor in nature. It has been determined that no additional consultation beyond existing procedures is required, including referrals to the Board of the Regional District, the Council of an adjacent municipality, First Nations, the School District or agencies of the Federal and Provincial Governments. The amendment has been reviewed with the Financial Plan/Capital Plan and the Waste Management Plan of the Greater Vancouver Regional District and determined to have no impact. - 8 - CONCLUSION: It is recommended that first and second reading be given to OCP Amending Bylaw No. 7288-2016, that second reading be given to Zone Amending Bylaw No. 7289-2016, that first, second and third reading be give to the Housing Agreement Bylaw No. 7345-2017, and that application 2016-352-RZ be forwarded to Public Hearing. "Original signed by Michelle Baski" Prepared by: Michelle Baski, AScT, MA Planner 1 "Original signed by Christine Carter" Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning "Original signed by David Pollock" for Approved by: Frank Quinn, MBA, P.Eng. GM: Public Works & Development Services "Original signed by E.C. Swabey" Concurrence: E.C.Swabey Chief Administrative Officer The following appendices are attached hereto: Appendix A -Subject Map Appendix B -Ortho Map Appendix C -OCP Amending Bylaw No. 7288-2016 Appendix D -Housing Agreement Bylaw No. 7345-2017 Appendix E -Zone Amending Bylaw No. 7289-2016 Appendix F -Site Plan Appendix G -Building Elevations Appendix H -Landscape Plan -9- CITY OF MAPLE RIDGE BYLAW NO. 7288-2016 APPENDIXC A Bylaw to amend the Official Community Plan Bylaw No. 7060-2014 WHEREAS Section 4 77 of the Local Government Act provides that the Council may revise the Official Community Plan; AND WHEREAS it is deemed expedient to amend Schedule "B11 to the Official Community Plan; NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows: 1. This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending Bylaw No. 7288-2016." 2. Schedule "B" is hereby amended for that parcel or tract of land and premises known and described as: Parcel A (Reference Plan 7941) Lot 1 Except: Part dedicated Road Plan NWP87590; Section 17 Township 12 New Westminster District Plan 3179 and outlined in heavy black line on Map No. 936, a copy of which is attached hereto and forms part of this Bylaw, is hereby designated/amended as shown. 3. Maple Ridge Official Community Plan Bylaw No. 7060-2014 is hereby amended accordingly. READ a first time the day of READ a second time the day of PUBLIC HEARING held the day of READ a third time the day of ADOPTED, the day of PRESIDING MEMBER ,20. ,20 ,20 , 20 ,20 CORPORATE OFFICER CITY OF MAPLE RIDGE BYLAW NO. 7345 -2017 APPENDIXD A Bylaw to authorize the City of Maple Ridge to enter into a Housing Agreement for 23004 Dewdney Trunk Road WHEREAS pursuant to Section 483 of the Local Government Act, as amended, Council may, by bylaw, enter into a housing agreement under that Section; AND WHEREAS Council and Wasti Holdings Ltd. Inc. No. BC0940933 wish to enter into a housing agreement for the subject property at 23004 Dewdney Trunk Road; NOW THEREFORE, the Municipal Council of the City of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited as "23004 Dewdney Trunk Road Housing Agreement Bylaw No. 7345 -2017". 2. By this Bylaw Council authorizes the City to enter into a housing agreement, with Wasti Holdings Ltd. Inc. No. BC0940933, in respect to the following land: Parcel A (Reference Plan 7941) Lot 1 Except: Part Dedicated Road Plan NWP87590; Section 17, Township 12, New Westminster District Plan 3179 3. The Mayor and Corporate Officer are authorized to execute the housing agreement and all incidental instruments on behalf of the City of Maple Ridge. 4. Schedule A, attached to this Bylaw, is incorporated into and forms part of this Bylaw. 5. This bylaw shall take effect as of the date of adoption hereof. READ a first time the day of , 2017. READ a second time the day of , 2017. READ a third time the day of , 2017. ADOPTED, the day of , 2017. PRESIDING MEMBER CORPORATE OFFICER Schedule A Part of Bylaw No. 7345-2017 Agreement, to have effect as both a covenant under section 219 of the Land Title Act and a housing agreement under section 483 of the Local Government Act. D. The City has adopted a bylaw under section 483 of the Local Government Act to authorize this Agreement as a housing agreement. NOW THEREFORE in consideration of the premises and the covenants herein contained, the payment of the sum of One Dollar ($1.00) paid by the City to the Covenantor, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree, pursuant to section 483 of the Local Government Act and section 219 of the Land Title Act (British Columbia) as follows: Definitions 1. In this Agreement: (a) "Dwelling Units" means all residential dwelling units located or to be located on the Lands whether those dwelling units are lots or parcels, or parts or portions thereof, into which ownership or right of possession or occupation of the Lands may be subdivided (hereinafter defined) and includes single family detached dwellings, duplexes, townhouses, auxiliary residential dwelling units, rental apartments and strata lots in a building strata plan; (b) "Lands" means the land described in Item 2 of the General Instrument, including any buildings now or hereafter located on the aforementioned land, and any pati or a portion of such land or building into which said land or building is or may at any time be subdivided; ( c) "Subdivide" means to divide, apportion, consolidate or subdivide the Lands, or the ownership or right to possession or occupation of the Lands into two or more lots, parcels, parts, portions or shares, whether by plan, descriptive words or otherwise, under the Land Title Act or the Strata Property Act, or otherwise, and includes the creation, conversion, organization or development of "cooperative interest" or "shared interest in land" as defined in the Real Development Marketing Act. Use, Occupancy, Subdivision and No Separate Sale Restrictions 2. All Dwelling Units shall only be used to provide rental accommodation and shall remain as rental accommodation in perpetuity. 3. All Dwelling Units shall be rented only on a month to month basis or under a residential tenancy agreement having a fixed te1m not exceeding three years, including any rights of renewal. 4. No Dwelling Unit may be occupied except by an individual who occupies pursuant to a rental agreement that meets the requirements of section 3. - 2 - Schedule A Part of Bylaw No. 7345-2017 5. The Lands shall not be Subdivided, except by means of a strata plan under the Strata Property Act that includes all of the Dwelling Units within a single strata lot. Specific Performance 6. The Covenantor agrees that because of the public interest in ensuring that all of the matters described in this Agreement are complied with, the public interest strongly favours the award of a prohibitory or mandatory injunction, or an order for specific performance or other specific relief, by the Supreme Court of British Columbia at the instance of the City, in the event of an actual or threatened breach of this Agreement. Notice of Housing Agreement 7. For clarity, the Covenantor acknowledges and agrees that: (a) this Agreement constitutes both a covenant under section 219 of the Land Title Act and a Housing Agreement entered into under section 483 of the Local Government Act; (b) the City is required to file a notice of Housing Agreement in the Land Title Office against title to the Lands; and ( c) once such a notice is filed, this Agreement binds all persons who acquire an interest in the Lands as a Housing Agreement under section 483 of the Local Government Act. No Obligation to Enforce 8. The rights given to the City by this Agreement are permissive only and nothing in this Agreement imposes any legal duty of any kind on the City to anyone, or obliges the City to enforce this Agreement, to perform any act or to incur any expense in respect of this Agreement. No Effect on Laws or Powers 9. This Agreement does not: (a) affect or limit the discretion, rights, duties, or powers of the City or the Approving Officer for the City under the common law or any statute, bylaw, or other enactment, nor does this Agreement date or give rise to, nor do the parties intend this Agreement to create any implied obligations concerning such discretionary rights, duties or powers; (b) affect or limit the common law or any statute, bylaw or other enactment applying to the Lands; or ( c) relieve the owner from complying with any common law or any statute, regulation, bylaw or other enactment. - 3 - Indemnity Schedule A Part of Bylaw No. 7345-2017 10. The Covenantor hereby releases the City, and indemnifies and saves the City harmless, from and against any and all actions, causes of actions, suits, claims (including claims for injurious affection), cost (including legal fees and disbursements), expenses, debts, demands, losses (including economic loss) and liabilities of whatsoever kind arising out of or in any way due or relating to the granting or existence of this Agreement, the restrictions or obligations contained in this Agreement or the perfo1mance or non-performance by the Covenantor of this Agreement that the City is or may become liable for, incur or suffer. Priority 11. The Covenantor will do everything necessary, at the Covenantor's expense, to ensure that this Agreement is registered against title to the Lands in priority to all liens, charges and encumbrances registered or pending registration against title to the Lands, save and except those specifically approved in writing by the City and those in favour of the City. Waiver 12. An alleged waiver of any breach of this Agreement is effective only if it is an express waiver in writing of the breach. A waiver of a breach of this Agreement does not operate as a waiver of any other breach of this Agreement. Interpretation 13. In this Agreement: (a) reference to the singular includes a reference to the plural, and vice versa, unless the context requires otherwise; (b) reference to a particular numbered section or article, or to a particular lettered Schedule, is a reference to the correspondingly numbered or lettered article, section or Schedule of this Agreement; ( c) aiiicle and section headings have been inserted for ease of reference only and are not to be used in interpreting this Agreement; ( d) the word "enactment" has the meaning given to it in the Interpretation Act (British Columbia) on the reference date of this Agreement; ( e) reference to any enactment is a reference to that enactment as consolidated, revised, amended, re-enacted or replace, unless othe1wise expressly provided; (f) reference to "party" or the "parties" is a reference to a party, or the parties, to this Agreement and their respective successors, assigns, trustees, administrators and receivers; -4- (g) time is of the essence; and Schedule A Part of Bylaw No. 7345-2017 (h) reference to a "day", "month" or "year" is a reference to a calendar day, calendar month, or calendar year unless otherwise expressly provided. Further Acts 14. The Covenantor will do everything reasonably necessary to give effect to the intent of this Agreement, including execution of further instruments. Severance 15. If any part of this Agreement is held to be invalid, illegal or unenforceable by a court having the jurisdiction to do so, that part is to be considered to have been severed from the rest of this Agreement and the rest of this Agreement remains in force unaffected by that holding or by the severance of that part. No Other Agreements 16. This Agreement is the entire agreement between the parties regarding its subject and it terminates and supersedes all other agreements and arrangements regarding its subject. Enurement 17. This Agreement binds the parties to it and their respective successors, heirs, executors and administrators. Deed and Contract 18. By executing and delivering this Agreement each of the parties intends to create both a contract and a deed executed and delivered under seal. As evidence of their agreement to be bound by this Agreement, the Covenantor and the City have executed the Land Title Act F01m C or D, as the case may be, attached to and forming part of this Agreement. - 5 - CONSENT & PRIORITY Schedule A Part of Bylaw No. 7345-2017 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. - 6 - CITY OF MAPLE RIDGE BYLAW NO. 7289-2016 APPENDIX E A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 -1985 as amended WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 -1985 as amended; NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows: 1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7289-2016." 2. That PART 7 COMMERCIAL ZONES, 702 COMMUNITY COMMERCIAL: C-2 2) PERMITTED ACCESSORY USES is amended by adding: item e) one or two dwelling units 3. That PART 7 COMMERCIAL ZONES, 702 COMMUNITY COMMERCIAL: C-2 8) OTHER REGULATIONS a) is amended as follows: a) A principal or accessory apartment use or one or two dwelling unit use shall: 4. That parcel or tract of land and premises known and described as: Parcel A (Reference Plan 7941) Lot 1 Except: Part dedicated Road Plan NWP87590; Section 17 Township 12 New Westminster District Plan 3179 and outlined in heavy black line on Map No. 1697 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to C-2 (Community Commercial). 5. Maple Ridge Zoning Bylaw No. 3510 -1985 as amended and Map "N' attached thereto are hereby amended accordingly. READ a first time the 25th day of October, 2016. READ a second time the PUBLIC HEARING held the READ a third time the ADOPTED, the day of PRESIDING MEMBER day of day of day of ,20 ,20 , 20 ,20 CORPORATE OFFICER APPENDIX F PROPOSED NEW COMMERCIAL/RESIDENTIAL BUILDING: 1! MAPLE MEDICAL CENTER AND PHARMACY ~. 23004 DEWDNEY TRUNK RD, MAPLE RIDGE, BC -========================= ...;S_TR...;E;:.::E __ T_A_D_DR...;E;_s_s: _____________ _ SITE PLAN/ROOF PLAN (!) 23004 DEWDNEY TRUNK ROAD MAPLE RIDGE, B.C. LEGAL ADDRESS: SECTION 17, TOWNSHIP 12, PLAN NWP3179 NOTES: 1. LOT AREA: 892.2 SQ. METERS. 2 MAX LOT COVERAGE: 70:C 3. FRONT SETBACK (DEWDNEY TRUNK ROAD) 3 METERS 4. REAR SETBACK 6 METERS 5. EXT SIDE YARD SETBACK: 3 METERS PARKING STALLS ACHIEVED: 10 STALLS FOR FIRST FLOOR USES PLUS 1 VISITOR'S SPACE PLUS 2 CONCEALED PARKING STALLS FOR RESIDENTIAL PLUS 1 STALL FOR DISABLED. BREAKDOWN OF FLOOR AREAS PROVIDED: FIRST FLOOR: DOCTORS CLINIC: RETAIL PHARMACY: LOBBY: GARAGE/SERVICES: TOTAL FLOOR AREA: 1796 S.F. / 166.85 SQ. METER'S" 883 S.F. / 82.03 SQ. METERS 96 S.F. / 8.91 SQ. METER.§_ 578 S.F. / 53.69 SO. METERS 3353 S.F. / 311.5D SO. METERS 257.79 SQ. METERS/30 = 8.59 = 9 PARKING STALLS REO'D SECOND FLOOR: RESIDENTIAL SUITE A: RESIDENTIAL SUITE B: TOTAL. SECOND FLOOR: 1326 S.F. / 123.19 SQ. METERS 1326 S.F. / 123.19 SQ. METERS 2652 S.F. / 246.37 SO.METERS GROSS FLOOR AREA (FIRST AND SECOND): 557.87 SO. METERS PRELIMINARY CODE REVIEW: BCBC 2012 OCCUPANCIES: GROUP D &: E: MEDICAL OFFICES AND PHARMACY. GROUP C: RESIDENTIAL APARTMENTS CLASSIFICATION FOR CONSTRUCTION: 3.22.61 (GROUP D UP TO TWO STORIES SPRINKLERED). SECOND FLOOR SUITE OUTDOOR DECKS, ONE PER SUITE AT 205 S.F. / 19 SQ. 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DAlECWORAWING:ISHEETNo. APR17,2017 DATE OF PRINT: APR17,2017 3.1 CITY OF MAPLE RIDGE BYLAW NO. 7876 -2022 A Bylaw to authorize the City of Maple Ridge to Discharge a Housing Agreement for 23004 Dewdney Trunk Road APPENDIX E WHEREAS, pursuant to Section 483 of the Local Government Act, RSBC 2015, c.1, as amended, Council may, by bylaw, enter into or amend a Housing Agreement under that Section; AND WHEREAS Council and Wasti Holdings Ltd. Inc. No. BC0940933 wish to discharge a Housing Agreement for the subject property at 23004 Dewdney Trunk Road; NOW THEREFORE, the Council of the City of Maple Ridge, enacts as follows: 1. This Bylaw may be cited as "23004 Dewdney Trunk Road .Housing Agreement Discharge Bylaw No. 7876 -2022". 2. By this Bylaw Council authorizes the City to discharge the Housing Agreement Bylaw No. 7345-2017, attached as Schedule 1, with Wasti Holdings Ltd. Inc. No. BC0940933, in respect to the following land: Parcel ·A (Reference Plan 7941) Lot 1 Except: Part Dedicated Road Plan NWP87590; Section 17, Township 12, New Westminster District Plan 3179. 3. The Mayor and Corporate Officer are authorized to discharge the Housing Agreement and all incidental instruments on behalf of the City of Maple Ridge. 4. This Bylaw shall take effect as of the date of adoption hereof. READ a first time the day of READ a second time the day of READ a third time the day of ADOPTED the day of PRESIDING MEMBER ,20 ,20 ,20 ,20 CORPORATE OFFICER CITY OF MAPLE RIDGE BYLAW NO. 7345 -2017 A Bylaw to authorize the City of Maple Ridge to enter into a Housing Agreement for 23004 Dewdney Trunk Road SCHEDULE 1 WHEREAS pursuant to Section 483 of the Local Government Act, as amended, Council may, by bylaw, enter into a housing agreeme~t under that Section; AND WHEREAS Council and Wasti Holdings Ltd. Inc. No. BC0940933 wish to enter into a housing agreement for the subject property at 23004 Dewdney Trunk Road; NOW THEREFORE, the Municipal Council of the City of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited as "23004 Dewdney Trunk Road Housing Agreement Bylaw No. 7345 -2017". 2. By this Bylaw Council authorizes the City to enter into a housing agreement with Wasti Holdings Ltd. Inc. No. BC0940933, in respect to the following land: Parcel A (Reference Plan 7941) Lot 1 Except: Part Dedicated Road Plan NWP87590; Section 17, Township 12, New Westminster District Plan 3179 3. The Mayor and Corporate Officer are authorized to execute the housing agreement and all incidental instruments on behalf of the City of Maple Ridge. 4. Schedule A, attached to this Bylaw, is incorporated into and forms part of this Bylaw. 5. This bylaw shall take effect as of the date of adoption hereof. READ a first time the 13th day of June, 2017. READ a second time the 13th day of June, 2017. READ a third time the 13th day of June, 2017. ADOPTED, the 14th day of November, 2017. PRESIDING MEMBER Schedule A Part of Bylaw No. 7345-2017 HOUSING AGREEMENT (2016-352-RZ) THIS AGREEMENT IS DATED the'~.-' day of SEPTEMBER, 2017. BETWEEN: WASTI HOLDINGS LTD. (Inc. No. BC0940933) of 12932 Alouette Road, Maple Ridge, BC, V 4R 1R8 (hereinafter called the "Covenantor") OF THE FIRST PART AND: THE CITY OF MAPLE RIDGE 11995 Haney Place, Maple Ridge, British Columbia, V2X 6A9 (hereinafter called the "City") OF THE SECOND PART WHEREAS: A. The Covenantor is the registered owner of or has an equity of redemption in certain lands situated in the Municipality of Maple Ridge in the Province of British Columbia, and more particularly known and described as: PID: 007-907-699 PARCEL A (REFERENCE PLAN 7941) LOT 1 EXCEPT: PART DEDICATED ROAD PLAN NWP87590; SECTION 17 TOWNSHIP 12 NEW WESTMINSTER DISTRICT PLAN 3179 (hereinafter called the "Lands"). B. The City is prepared to allow construction of a second storey for rental housing with a gross floor area of 246 m2• C. The Covenantor and the City wish to enter into this Agreement to restrict the use of housing units to be constructed on the Lands, on the terms and conditions of this Agreement, to have effect as both a covenant under section 219 of the Land Title Act and a housing agreement under section 483 of the Local Government Act. D. The City has adopted a bylaw under section 483 of the Local Government Act to authorize this Agreement as a housing agreement. - 1 - Schedule A Part of Bylaw No. 7345-2017 NOW THEREFORE in consideration of the premises and the covenants herein contained, the payment of the sum of One Dollar ($1.00) paid by the City to the Covenantor, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree, pursuant to section 483 of the Local Government Act and section 219 of the Land Title Act (British Columbia) as follows: Definitions 1. In this Agreement (a) "Dwelling Units" means all residential dwelling units located or to be located on the Lands whether those dwelling units are lots or parcels, or parts or portions thereof, into which ownership or right of possession or occupation of the Lands may be subdivided (hereinafter defined) and includes single family detached dwellings, duplexes, townhouses, auxiliary residential dwelling units, rental apartments and strata lots in a building strata plan; (b) "Lands" means the land described in Item 2 of the General Instrument, including any buildings now or hereafter located on the aforementioned land, and any part or a portion of such land or building into which said land or building is or may at any time be subdivided; ( c) "Subdivide" means to divide, apportion, consolidate or subdivide the Lands, or the OYVnership or right to possession or occupation of the Lands into two or more lots, parcels, parts, portions or shares, whether by plan, d~scriptive words or otherwise, under the Land Title Act or the Strata Property Act, or otherwise, and includes the creation, conversion, organization or development of "cooperative interest" or "shared interest in land" as defined in the Real Development Marketing Act. Use, Occupancy, Subdivision and No Separate Sale Restrictions 2. .All Dwelling Units shall only be used to provide rental accommodation and shall remain as rental accommodation in perpetuity. 3. All Dwelling Units shall be rented only on a month to month basis or under a residential tenancy agreement having a fixed term not exceeding three years, including any rights of renewal. 4. No Dwelling Unit may be occupied except by an individual who occupies pursuant to a rental agreement that meets the requirements of section 3. 5. The Lands shall not be Subdivided, except by means of a strata plan under the Strata Property Act that includes all of the Dwelling Units within a single strata lot. -2 - ) Specific Performance Schedule A Part of Bylaw No. 7345-2017 6. The Covenantor agrees that because of the public interest in ensuring that all of the matters described in this Agreement are complied with, the public interest strongly favours the award of a prohibitory or mandatory injunction, or an order for specific performance or other specific relief, by the Supreme Court of British Columbia at the instance of the City, in the event of an actual or threatened breach of this Agreement. Notice of Housing Agreement 7. For clarity, the Covenantor acknowledges and agrees that: (a) this Agreement constitutes both a covenant under section 219 of the Land Title Act and a Housing Agreement entered into under section 483 of the Local Government Act; (b) the City is required to file a notice of Housing Agreement in the Land Title Office against title to the Lands; and ( c) once such a notice is filed, this Agreement binds all persons who acqurre an interest in the Lands as a Housing Agreement under section 483 of the Local Government Act. No Obligation to Enforce 8. The rights given to the City by this Agreement are permissive only and nothing in this Agreement imposes any legal duty of any kind on the City to anyone, or obliges the City to enforce this Agreement, to perform any act or to incur any expense in respect of this Agreement. No Effect on Laws or Powers 9. This Agreement does not: (a) affect or limit the discretion, rights, duties, or powers of the City or the Approving Officer for the City under the common law or any statute, bylaw, or other enactment, nor does this Agreement date or give rise to, nor do the parties intend this Agreement to create any implied obligations concerning such discretionary rights, duties or powers; (b) affect or limit the common law or any statute, bylaw or other enactment applying to the Lands; or ( c) relieve the owner from complying with any common law or any statute, regulation, bylaw or other enactment. -3 - Schedule A Part of Bylaw No. 7345-2017 Indemnity 10. The Covenantor hereby releases the City, and indemnifies and saves the City harmless, from and against any and all actions, causes of actions, suits, claims (including claims for injurious affection), cost (including legal fees and disbursements), expenses, debts, demands, losses (including economic loss) and liabilities of whatsoever kind arising out of or in any way due or relating to the granting or existence of this Agreement, the restrictions or obligations contained in this Agreement or the performance or non-performance by the Covenantor of this Agreement that the City is or may become liable for, incur or suffer. Priority 11. The Covenantor will do everything necessary, at the Covenantor's expense, to ensure that this Agreement is registered against title to the Lands in priority to all liens, charges and encumbrances registered or pending registration against title to the Lands, save and except those specifically approved in writing by the City and those in favour of the City. Waiver 12. An alleged waiver of any breach of this Agreement is effective only if it is an express waiver in writing of the breach. A waiver of a breach of this Agreement does not operate as a waiver of any other breach of this Agreement. Interpretation 13. In this Agreement: (a) reference to the singular includes a reference to the plural, and vice versa, unless the context requires otherwise; (b) reference to a particular numbered section or article, or to a particular lettered Schedule, is a reference to the correspondingly numbered or lettered article, section or Schedule of this Agreement; ( c) article and section headings have been inserted for ease of reference only and are not to be used in interpreting this Agreement; ( d) the word "enactment" has the meaning given to it in the Interpretation Act (British Columbia) on the reference date of this Agreement; ( e) reference to any enactment is a reference to that enactment as consolidated, revised, amended, re-enacted or replace, unless otherwise expressly provided; -4 - Schedule A Part of Bylaw No. 7345-2017 (f) reference to "party" or the "parties" is a reference to a party, or the parties, to this Agreement and their respective successors, assigns, trustees, administrators and receivers; (g) time is of the essence; and (h) reference to a "day", "month" or "year" is a reference to a calendar day, calendar month, or calendar year unless otherwise expressly provided. Further Acts 14. The Covenantor will do everything reasonably necessary to give effect to the intent of this Agreement, including execution of further instruments. Severance 15. If any part of this Agreement is held to be invalid, illegal or unenforceable by a court having the jurisdiction to do so, that part is to be considered to have been severed from the rest of this Agreement and the rest of this Agreement remains in force unaffected by that holding or by the severance of that part. No Other Agreements 16. This Agreement is the entire agreement between the parties regarding its subject and it terminates and supersedes all other agreements and arrangements regarding its subject. Enurement 17. This Agreement binds the parties to it and their respective successors, heirs, executors and administrators. Deed and Contract 18. By executing and delivering this Agreement each of the parties intends to create both a contract and a deed executed and delivered under seal. Dated at Maple Ridge, BC, this J__'2 of ~_ea,.geJL, 201 7 WASTI HOLDINGS LTD. (Inc. No. BC0940933) By its authorized signatory: ~ CITY OF MAP~g~i By~(s): ,,~ ~oe,~ ACTING MAYOR - 5 -// LAURIE DARCUS CORPORATE OFFICER CITY OF MAPLE RIDGE BYLAW NO. 7877-2022 A Bylaw to authorize the City of Maple Ridge to enter into a Housing Agreement for 23004 Dewdney Trunk Road APPENDIX F WHEREAS pursuant to Section 483 of the Local Government Act, RSBC 2015, c.1, as amended, Council may, by bylaw, enter into a Housing Agreement under that Section; AND WHEREAS Council and 1321049 BC LTD wish to enter into a housing agreement for the subject property at 23004 Dewdney Trunk Road; NOW THEREFORE, the Municipal Council of the City of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited as "23004 Dewdney Trunk Road Housing Agreement Bylaw No. 7877-2022". 2. By this Bylaw Council authorizes the City to enter into a Housing Agreement with 1321049 BC LTD, in respect to the following land: Parcel A (Reference Plan 7941) Lot 1 Except: Part Dedicated Road Plan NWP87590; Section 17, Township 12, New Westminster District Plan 3179 3. The Mayor and Corporate Officer are authorized to execute the Housing Agreement and all incidental instruments on behalf of the City of Maple Ridge. 4. Schedule A, attached to this Bylaw, is incorporated into and forms part of this Bylaw. 5. This bylaw shall take effect as of the date of adoption hereof. READ a first time the day of READ a second time the day of READ a third time the day of ADOPTED the day of PRESIDING MEMBER ,20 , 20 ,20 , 20 CORPORATE OFFICER DocuSign Envelope ID: BBD53DC9-0F9A-4DE8-8070-A7 A640EE9F7B TERMS OFINSTRUMEN'f-PART2 RENTAL HOUSING AGREEMENT THIS AGREEMENT, dated for reference the/-6 day of September _2022, BETWEEN: 1321049 BC LTD 2711 Lynbrook Drive Vancouver BC Canada V5S 2C2 AND: (the "Owner") 1lIE 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 A 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 ofa covenant in favour ofa 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; DocuSign Envelope ID: BBD53DC9-0F9A-4DE8-8070-A7 A640EE9F7B g) "Lands" means those lands and premises legally described as: Parcel A (Reference Plan 7941) Lot 1, Except: Part Dedicated Road Plan NWP87590, Section 17, Township 12, NWD Plan 3179 h) "Market Rental Units" means Dwelling Units that are used for rental purposes and 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, between the Owner and the tenant; j) "Rental Units" means the Market Rental Units; k) "Residential Building" means the 3 storey building to be constructed on the Lands to be used for Commercial and Residential purposes, with 10 Dwelling Units, 5 of which will be Rental Units; I) "RT Act" means the Residential Tenancy Act, SBC 2002 c. 78; m) "Strata Property Act" means the Strata Property Act, S.B.C. 1998, c. 43; and n) "Subdivide" means to divide, apportion, consolidate or subdivide the Lands, or the ownership or right to possession or occupation of the Lands, into two or more lots, Strata Lots, parcels, parts, portions or shares, whether by plan, descriptive words or otherwise, under the Land Title Act, R.S.B.C. 1996, Chapter 250, or the Strata Property Act. 2. TERM 2.1 This Agreement will commence upon: a. adoption by Council of "Housing Agreement Bylaw No. 7877-2022; b. execution of this Agreement by the City and the Owner; and c. registration of this Agreement against title to the Lands; (the "Commencement Date"), and will continue in perpetuity. 2.2 Notwithstanding the foregoing grant in perpetuity, this Agreement will terminate upon the removal or destruction of the Residential Building, but only if the Residential Building is not repaired or rebuilt within 24 months following the removal or 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, 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 except as permitted under this Agreement; b. the Residential Building shall at all times contain the minimum number and type of Rental Units required pursuant to section 4 of this Agreement; c. the Owner may deposit a strata plan pursuant to the Strata Property Act that subdivides the Residential Building into strata lots, but only if concurrently with the deposit of the strata plan, the Owner enters into and registers a covenant pursuant to section 219 of the Land Title Act in favour of the City, in a DocuSign Envelope ID: BBD53DC9-0F9A-4DE8-8070-A7 A640EE9F7B form satisfactory to the Director of Planning, under which none of the strata lots comprising the Rental Units may be sold or otherwise transferred separately to different owners, and that provides that each of those strata lots may only be used and occupied as a Rental Unit; and d. for certainty, the Dwelling Units within the third storey may be owner-occupied. 3 .2 The Owner further covenants and agrees with the City that the Lands and any buildings or stmcture constmcted thereon including the Residential Building shall be developed, built and maintained in accordance with all City bylaws, regulations and guidelines as amended from the time to time. 4. MARKET RENTAL UNITS 4.1 The Residential Building must contain a minimum of five Dwelling Units located within the second storey, that shall only be used and occupied as Rental Units. 4.2 The Rental Units shall consist of no fewer than 2 one-bedroom units, 2 two-bedroom units, and 1 three-bedroom unit, unless otherwise approved in writing by the Director of Planning, at his or her discretion. 5. OWNER'S OBLIGATIONS 5 .1 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 Infonnation 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. DocuSign Envelope ID: BBD53DC9-0F9A-4DE8-8070-A7 A640EE9F7B 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 necessazy to ensure that this pmpose 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. 7.2 Except to the extent such advice or direction is given negligently, the Owner hereby releases and forever discharges the City, its elected officials, board members, officers, directors, employees and agents, and its and their heirs, executors, administrators, personal representatives, successors and assigns from and against all claims, demands, damages, actions or causes of action by reason of or arising out of advice or direction respecting the ownership, operation or management of the Lands for the provision of housing for Rental Purposes which has been or hereafter may be given to the Owner by all or any of them. 7.3 The covenants of the Owner set out in sections 7.1 and 7.2 of this Agreement will survive the expiration or the earlier termination of this Agreement and will continue to apply to any breach of the Agreement and to any claims arising under this Agreement during the ownership by the Owner of the Lands. 8. GENERAL PROVISIONS 8.1 The Owner agrees to reimburse the City for all legal costs reasonably incurred by the City for the preparation, execution and registration of this Agreement. The Owner will bear their own costs, legal or otherwise, connected with the preparation, execution or registration of this Agreement. 8.2 Nothing in this Agreement: a. affects or limits any discretion, rights, powers, duties or obligations of the City under any enactment or at common law, including in relation to the use or subdivision ofland; b. affects or limits any enactment relating to the use of the Lands or any condition contained in any approval including any development permit concerning the development of the Lands; or c. relieves the Owner from complying with any enactment, including the City's bylaws in relation to the use of the Lands. DocuSign Envelope ID: BB053DC9-0F9A-4DE8-8070-A7 A640EE9F7B 8.3 The Owner and the City agree that: a. this Agreement is entered into only for the benefit of the City; b. this Agreement is not intended to protect the interests of the Owner, occupier or user of the Lands or any p01tion of it including the Rental Units and the Limited Common Property; and c. without limiting part 2 of this Agreement, the City may at any time execute a release and discharge of this Agreement in respect of the Lands, without liability to anyone for doing so. 8.4 This Agreement burdens and runs with the Lands and any part into which any of them may be subdivided or consolidated, by strata plan or otherwise. All of the covenants and agreements contained in this Agreement are made by the Owner for itself, its successors and assigns, and all persons who acquire an interest in the Lands after the date of this Agreement. Without limiting the generality of the foregoing, the Owner will not be liable for any breach of any covenant, promise or agreement herein in respect of any portion of the Lands sold, assigned, considered or otherwise disposed of, occurring after the Owner has ceased to be the owner of the Lands. 8.5 The covenants and agreements on the pat.t of the Owner in this Agreement have been made by the Owner as contractual obligations as well as being made pursuant to section 483 of the Act and as such will be binding on the Owner. 8.6 The Owner will, at its expense, do or cause to be done all acts reasonably necessary to ensure this Agreement is registered against the title to the Lands, including any amendments to this Agreement as may be required by the Land Title Office or the City to effect such registration. 8.7 The City and the Owner each intend by execution and delivery of this Agreement to create both a contract and a deed under seal. 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. 8.10 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 expny or earlier termination of the term of this Agreement, such obligation will survive the expiry or earlier tennination 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 ~ansmitted; 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, DocuSign Envelope ID: BBD53DC9-0F9A-4DE8-8070-A7 A640EE9F7B 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 1bis 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 co:µshiiction 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 ljmit 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 Agr1t,w:nent and by bylaw, such amendment to be effective only upon adoption by City Council of an amending by~:!W to "Housing Agreement Bylaw No. 7877-2022". 9. 7 This Agreement is to be governed by and constrned and enforced in accordance with the laws of Biitish Columbia. 9 .8 This Agreement can be signed in counterpart. DocuSign Envelope ID: BBD53DC9-0F9A-4DE8-8070-A7 A640EE9F7B 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. Authorized Signatory THE CITY OF MAPLE RIDGE ~DocuSigned by: rc+91 uffl3fflMi4Signatory Authorized Signatory DocuSign Envelope ID: BBD53DC9-0F9A-4DE8-8070-A7 A640EE9F7B CONSENT AND PRIORITY AGREEMENT WHEREAS (the "Chargeholder") is the holder of a Mortgage and an Assignment of Rents (together called the "Charge") encumbering the lands (the "Lands") described in item 2 of the Land Title Act Form C attached hereto, which was registered in the New Westminster Land Title Office under numbers and~~~~~~~ THEREFORE THIS CONSENT AND PRIORITY AGREEMENT IS EVIDENCE THAT IN CONSIDERATION OF $t00 AND OTHER GOOD AND VALUABLE CONSIDERATION PAID BY THE TRANSFEREE TO THE CHARGEHOLDER: 1. The Chargeholder hereby consents to the granting and registration of the Section 219 Covenant attached hereto (the "Covenant") and the Chargeholder hereby agrees that the Covenant shall be binding upon its interest in and to the Lands. 2. The Chargeholder hereby grants to the transferee described in item 6 of the Land Title Act Form C attached hereto priority for the Covenant over the Chargeholder's right, title and interest in and to the Lands, and the Chargeholder does hereby postpone the Charge and all of its right, title and interest thereunder to the Covenant as if the Covenant had been executed, delivered sand registered prior to tl1e execution, delivery and registration of the Charge. IN WITNESS WHEREOF, the Chargeholder has executed and delivered this Consent and Priority Agreement by executing the Land Title Act Form C above which is attached hereto and forms part of this Agreement. DocuSign Envelope ID: BBD53DC9-0F9A-4DE8-8070-A 7 A640EE9F7B CONSENT AND PRIORITY AGREEMENT W H E R E A S (the "Chargeholder") is the holder of a Mortgage and an Assignment of Rents (together called the "Charge") encumbering the lands (the "Lands") described in item 2 of the Land Title Act Form C attached hereto, which was registered in the New Westminster Land Title Office under numbers and ____ _ THEREFORE THIS CONSENT AND PRIORITY AGREEMENT IS EVIDENCE THAT IN CONSIDERATION OF $1.00 AND OTHER GOOD AND VALUABLE CONSIDERATION PAID BY THE TRANSFEREE TO THE CHARGEHOLDER: 1. The Chargeholder hereby consents to the granting and registration of the Section 219 Covenant attached hereto (the "Covenant") and the Chargeholder hereby agrees that the Covenant shall be binding upon its interest in and to the Lands. 2. The Chargeholder hereby grants to the transferee described in item 6 of the Land Title Act Form C attached hereto priority for the Covenant over the Chargeholder's right, title and interest in and to the Lands, and the Chargeholder does hereby postpone tqe Charge and all of its right, title and interest thereunder to the Covenant as if the Covenant had been executed, delivered and registered prior to the execution, delivery and registration of the Charge. IN WITNESS WHEREOF, the Chargeholder has executed and delivered this Consent and Priority Agreement by executing the Land Title Act Form C above which is attached hereto and forms part of this Agreement. 1131 RECOMMENDATION: That Contract ITI-EN22-25, Fern Crescent Multi-Use Path and Roundabout, be awarded to Arsalan Construction Limited in the amount of $5,099,777.00 excluding taxes; That a construction contingency of $510,000.00 be approved to address potential variations in field conditions; That the Financial Plan be amended to increase the project funding by $2,060,262.00 from the Development Cost Charges Fund and $42,046.00 from General Revenue Surplus; and further That the Corporate Officer be authorized to execute the contract. DISCUSSION: a) Background Context: The existing 132 Avenue/Fern Crescent roadway is part of the MRN, providing an important access route from 232 Street to the eastern area of Silver Valley and Golden Ears Provincial Park. The road improvements will help ensure a safe and comfortable multi-modal corridor to meet the needs of the growing community while also improving the functionality and overall safety of a major intersection on this section of road. The scope of the project includes significant pedestrian and cycling upgrades to Silver Valley by constructing a MUP and sidewalk that will complete the gap in facilities along the 132 Avenue/Fern Crescent corridor. The project will also include installation of a roundabout at the Fern Crescent and 236 Street intersection, which will provide improved sight lines and safety for vehicles, pedestrians and cyclists. The MUP will be located adjacent to 132 Avenue/Fern Crescent between 232 and 236 Street following an existing trail through Maple Ridge Park. This will provide a connection between Cross's Cabin's Park, Maple Ridge Park and a nearby dog park that are currently non-contiguous. Another MUP will be located on Balsam Street between Larch Avenue and 132 Avenue/Fern Crescent, which will complete an important connection to the eastern areas of Silver Valley. The MUPs will also include pedestrian-activated crossings at the 132 Avenue/233 Street and 132 Avenue/Balsam Street intersections. The project scope also includes conduits for future fibre optic cable to the City's major water and sewage i nfrastru ctu re. This project is included in the approved 2022 Financial Plan. The procurement process was consistent with the City's Procurement Policy. Tender Evaluation An invitation to Tender was issued on August 16, 2022 and closed on September 13, 2022. Four compliant bids were received and are listed below from lowest to highest price. The lowest bid was submitted by Arsalan Construction Limited. in the amount of $5,099,777.00, excluding taxes. Doc#3188511 Page 2 of 5 Arsalan Construction Limited B&B Contracting (2012) Ltd. Lafarge Canada Inc. Drake Excavating (2016) Ltd. Tender Price (excluding taxes) $5,099,777.00 $5,298,600.00 $5,838,590.00 $6,118,905.00 The range of prices received indicate a competitive environment and a fair market value for the project. The tendering process was compliant with the City's Procurement Policy. Arsalan Construction Limited has previously completed similar work with other municipalities and reference checks confirm they are qualified to complete the work. b) Desired Outcome: The desired outcome is to provide safe multi-modal transportation facilities for residents and regional park users, while improving the functionality and overall safety of the MRN in the City. c) Strategic Alignment: This project supports Council's Strategic Plan to manage municipal infrastructure to accommodate future developments and growth in accordance with the OCP and is aligned with the current Strategic Transportation Plan. d) Citizen/Customer Implications: A public, virtual information session was held on June 29, 2022. Staff made considerable effort to address all comments and developed a design that balances the project objectives. Construction will commence shortly after the project is awarded and is anticipated to be completed within five months. The impact to traffic and residents in the neighbourhood will be minimized as much as possible. 132 Avenue, Fern Crescent and 236 Street will remain open to traffic throughout construction. There will be an approved traffic management plan and traffic control personnel will be provided when required. Work on roadways or interruptions to traffic will be prohibited during peak traffic periods from 6:00 to 9:00 am and 3:00 to 6:00 pm. Single-lane alternating traffic will be maintained at all times unless approved otherwise in the traffic management plan. The general public will be informed of the construction progress through the City's website and social media; residents who live along the construction corridor will be notified by mail of any construction impacts. e) Interdepartmental Implications: The Planning, Engineering Operations, and Parks, Recreation & Culture Department were consulted during the engineering design process to provide input into the design element and ensure interdepartmental coordination. Fibre optic conduit will be installed as part of the project scope. This was identified in consultation with the Information Technology Department. Doc#3188511 Page 3 of 5 f) Business Plan/Financial Implications: The project is funded through a combination of Development Cost Charges (DCCs), Translink Grants and the General Capital Fund. Additional funds are required as noted below. Project Expenditures (Excluding Taxes): Pre-Design Consulting -Aplin & Martin Consultants Ltd. Engineering Design and Construction Support Services -McElhanney Ltd. Construction Contract -Arsalan Construction Limited Contract Contingency 10% Traffic Control Equipment (City supplied) Total Projected Cost Existing Funding Sources: Capital Works Reserve Reserve for Committed Projects Development Cost Charges Translink Grant Total Existing Funding Sources Additional Funding Required: Additional Funding from General Revenue Surplus Additional Funding from Development Cost Charges Total Additional Funding Total Project Funding CONCLUSION: $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 30,000.00 383,752.00 5,099,777.00 510,000.00 20,000.00 6,043,529.00 26,788.00 15,990.00 2,144,444.00 1,754,000.00 3,941,222.00 42,046.00 2,060,262.00 2,102,308.00 6,043,530.00 The existing 132 Avenue/Fern Crescent roadway is part of the Major Road Network (MRN), providing an important access route from 232 Street to Silver Valley east and Golden Ears Provincial Park. The road improvements will help ensure a safe and comfortable multi-modal corridor to meet the needs of the growing community while also improving the functionality and overall safety of a major intersection on this section of road. The scope of the project includes significant pedestrian and cycling upgrades to Silver Valley by constructing a multi-use path (MUP) and sidewalk that will complete the gap in facilities along the 132 Ave/Fern Crescent corridor. The project will also include installation of a roundabout at the Fern Crescent and 236 Street intersection, which will provide improved sight lines and safety for vehicles, pedestrians, and cyclists. This project is included in the approved 2022 Financial Plan, is supported in the current Strategic Transportation Plan and aligns with Council's Strategic Priority to facilitate growth. Doc#3188511 Page 4 of 5