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HomeMy WebLinkAbout2022-10-25 Council Meeting Agenda and Reports.pdfCouncil Meeting Agenda Tuesday, October 25, 2022 Page 2 of 8 701.2 Committees and Commissions of Council Meetings: Advisory Design Panel • July 20, 2022 702 Reports 702.1 2022 Council Expenses Staff report dated October 25, 2022, listing Council expenses recorded to September 30, 2022. 702.2 Disbursements for the month ended September 30, 2022 Staff report dated October 25, 2022, providing information on disbursements for the month ended September 30, 2022. 703 Correspondence 704 Release of Items from Closed Council Status 705 Recommendation to Receive Items on Consent 800 UNFINISHED BUSINESS 900 CORRESPONDENCE 1000 BYLAWS Note: Items 1001 to 1005 are from the Public Hearing of October 18, 2022 For Third Reading 1001 2021-281-RZ, 22936, 22944, 22952, 22964 and 22974 Dewdney Trunk Road The subject application is to permit the rezoning to allow the future construction of a six-storey apartment building with approximately 178 units. 1001.1 Maple Ridge Official Community Plan Amending Bylaw No. 7865-2022 To allow the building height maximum to be increased to six-storeys for the subject properties. 1001.2 Maple Ridge Zone Amending Bylaw No. 7766-2021 To rezone the subject properties from RS-1 (Single Detached Residential) to RM-2 (Medium Density Apartment Residential). 1002 2021-324-RZ, 20660 & 20670 123 Avenue and 20679 Tyner Avenue The subject application is to permit the rezoriing to allow a future bare land strata subdivision of 10 single-family lots. Council Meeting Agenda Tuesday, October 25, 2022 Page 3 of 8 1002.1 Maple Ridge Official Community Plan Amending Bylaw No. 7871-2022 To re-designate portions of the subject properties from Urban Residential to Conservation. 1002.2 Maple Ridge Zone Amending Bylaw No. 7788-2021 To rezone portions of the subject properties from RS-3 (Single Detached Rural Residential) to R-1 (Single Detached (Low Density) Urban Residential). 1003 2019-138-RZ, 22238, 22242, 22246, and 22286 Selkirk Avenue, 22245, 22251, and 22289 Lougheed Highway, PIO 011-208-775, PID 011-208-848, and PID 011-208-856 The subject application is to permit the rezoning to allow the future construction of two six-storey, mixed-use buildings with a total of approximately 3,201 m2 of ground floor commercial space and 255 apartment units. 1003.1 Maple Ridge Official Community Plan Amending Bylaw No. 7878-2022 To re-designate portions of the subject properties from Flexible Mixed-Use to Town Centre Commercial. 1003.2 Maple Ridge Zone Amending Bylaw No. 7879-2022 To introduce the CD-2-22 Comprehensive Development Zone, and to rezone the subject properties from C-3 (Town Centre Commercial) and CS-1 (Service Commercial) to CD-2-22 (Comprehensive Development). 1004 2020-177-RZ, 12834 232 Street The subject application is to permit the rezoning to allow the future construction of a three-storey, mixed-use building with 330m2 of ground floor commercial space and 14 residential units; 4 of the 14 residential units will be secured as rental units. 1004.1 Maple Ridge Official Community Plan Amending Bylaw No. 7888-2022 To re-designate the subject property from Estate Suburban Residential to Commercial. 1004.2 Maple Ridge Zone Amending Bylaw No. 7889-2022 To introduce the CD-3-22 Comprehensive Development Zone, and to rezone the subject property from RS-2 (One Family Suburban Residential) to CD-3-22 (Comprehensive Development). Council Meeting Agenda Tuesday, October 25, 2022 Page 4 of 8 1005 2021-393-RZ, 10869 and 10911 248 Street The subject application is to permit the rezoning to allow the future subdivision of approximately 34 single-family lots. 1005.1 Maple Ridge Official Community Plan Amending Bylaw No. 7890-2022 To re-designate portions of the subject properties from Low Density Residential to Single Family and Conservation. 1005.2 Maple Ridge Zone Amending Bylaw No. 7811-2022 To rezone the subject properties from RS-3 (Single Detached Rural Residential) to RS-1 b (Single Detached (Medium Density) Residential); to permit R-1, R-2 and R-3 sized lots utilizing the Albion Density Bonus; and to amend the Density Bonus for the Albion Area to include R-2 and R-3 zone requirements for RS-1 b zoned lots located within the North East Albion Area. For Third Reading and Adoption 1006 2019-426-RZ,24877,24909,24929,24947,24979,24985,and24989 112 Avenue Staff report dated October 25, 2022, recommending that third reading of Official Community Plan Amending Bylaw No. 7607-2020 be rescinded, and that Official Community Plan Amending Bylaw No. 7607-2020 as amended, be given third reading and adopted and that Zone Amending Bylaw No. 7608-2020 be adopted. For Adoption 1007 2016-411-RZ, 21188 Wicklund Avenue Staff report dated October 25, 2022, recommeding that Zone Amending Bylaw No. 7505-2018, to rezone from RS-1 (Single Detached Residential) to R-4 (Single Detached (Infill) Urban Residential), to permit two single-family residential lots, be adopted. 1008 2020-409-RZ, 11089 240 Street, 11101 239 Street and 11094 Buckerfield Drive Staff report dated October 25, 2022, recommending that Zone Amending Bylaw No. 7701-2021, to permit a 19 lot subdivision of the subject properties located at 11089 240 Street, 11101 239 Street and 11094 Buckerfield Drive, be adopted. 1009 2021-564-DP, 23004 Dewdney Trunk Road, Housing Agreement Bylaw Staff report dated October 25, 2022, recommending that Housing Agreement Discharge Bylaw No. 7876-2022, to discharge the previous Housing Agreement Bylaw No. 7345-2017, and that Housing Agreement Bylaw No. 7877-2022 both be given final readings. 1100 COMMITTEE REPORTS AND RECOMMENDATIONS Council Meeting Agenda Tuesday, October 25, 2022 Page 5 of 8 The items in the "Committee Reports and Recommendations" category are staff reports presented at an earlier Committee of the Whole meeting, typically a week prior, to provide Council with an opportunity to ask staff detailed questions. The items are now before the regular Council Meeting for debate and vote. Both meetings are open to the public. The reports are not reprinted again in hard copy, however; they can be found in the electronic agenda or in the Committee of the Whole agenda package dated accordingly. Planning and Development Services 1101 2022-170-AL, 23154 128 Avenue, Application to Exclude Land from the Agricultural Land Reserve Staff report dated October 18, 2022, recommending that Exclusion Application 2022-170-AL, to remove approximately 1.6 hectares of land from Agricultural Land Reserve, be forward to the Agricultural Land Commission for their review and consideration. 1102 2022-165-RZ, 13872 and 13894 Silver Valley Road, RS-3 to R-2 Staff report dated October 18, 2022, recommending that Zone Amending Bylaw No. 7893-2022, to rezone from RS-3 (Single Detached Rural Residential) to R-2 (Single Detached (Medium Density) Urban Residential), to permit a future subdivision of approximately 14 single-family lots, be given first reading and that the applicant provide further information as described in the report. 1103 2014-040-RZ, 24138 Lougheed Highway, RS-3 to RS-2 Staff report dated October 18, 2022, recommending that Official Community Plan Amending Bylaw No. 7883-2022, be given first and second reading and forwarded to Public Hearing and that Zone Amending Bylaw No. 7221-2016, to rezone from RS-3 (Single Detached Rural Residential) to RS-2 (Single Detached Suburban Residential), to permit a future two lot subdivision, be given second reading as amended and forward to Public Hearing. 1104 2019-426-DP/DVP, 24877, 24909, 24929, 24947, 24979, 24985, and 24989 112 Avenue Staff report dated October 18, 2022, recommending that the Corporate Officer be authorized to sign and seal 2019-426-DVP and 2019-426-DP, to allow the construction of 165 townhouse units, with variances to the driveway apron width, internal finished garage dimensions, percentage of permeable area, front, rear and interior yard setbacks, and attached units in one block. 1105 2021-564-DP, 23004 Dewdney Trunk Road, Development Permit Staff report dated October 18, 2022, recommending that the Corporate Officer be authorized to sign and seal 2021-564-DP, to allow a three-storey mixed-use commercial and residential building, at the property located at 23004 Dewdney Trunk Road. Council Meeting Agenda Tuesday, October 25, 2022 Page 6 of 8 Engineering Services 1131 11-5255-70-156 & 11-5255-70-160, Award of Contract ITT-EN22-32: 236 Street Watermain Replacement and New 132 Avenue and 237A Street Watermain Staff report dated October 18, 2022, recommending that Contract ITT-EN22-32: 236 Watermain Replacement and New 132 Avenue & 237 A Street Watermain be awarded to Cancan Construction Ltd., a contract contingency be approved, the Financial Plan be amended to increase project funding and that the Corporate Officer be authorized to execute the contract. 1132 11-5255-50-118, Award of Contract: ITT-EN22-5: Jim Robson Way Sanitary Sewer Forcemain (Fairgrounds to River Road) Staff report dated October 18, 2022, recommending that Contract ITT-EN22-5: Jim Robson Way Sanitary Sewer Forcemain (Fairgrounds to River Road) be awarded to Clearway Construction, that a contract contingency be approved, that the existing WSP contract be increased, that the Financial Plan be amended to increase the project funding and that the Corporate officer be authorized to execute the contract. 1133 11-5245-20-1185 & 06-2240-20, Latecomer Agreement LC 179/22 Staff report recommending that the Corporate Officer be authorized to sign and seal Latecomer Agreement 179/22 for lands at 10455, 10469 and 10481 2458 Street. 1134 11-5245-20-2015-087 & 06-2240-20, Latecomer Agreement LC 180/22 Staff report recommending that the Corporate Officer be authorized to sign and seal Latecomer Agreement 180/22 for lands at 24683 and 24650 106 Avenue, and 10605 and 10501 Jackson Road. Corporate Services Parks, Recreation and Culture Other Committee Issues Administration (including Fire and Police) 1300 OTHER MATTERS DEEMED EXPEDIENT Council Meeting Agenda Tuesday, October25,2022 Page 7 of 8 1301 Active Transportation Fund (ATF) Grant Agreement -PRFP-1127 Experience the Fraser Multi-Use Pathway for Maple Ridge Staff report dated October 25, 2022, recommending that the Corporate Officer be authorized to execute the Active Transportation Fund Agreement with Infrastructure Canada for the "Experience the Fraser Multi-Use Pathway for Maple Ridge" project. 1400 PUBLIC QUESTION PERIOD 1500 MAYOR AND COUNCILLOR REPORTS 1600 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETING 1700 ADJOURNMENT 400 ADOPTION AND RECEIPT OF MINUTES 401 Minutes of Regular and Special Council Meetings City of Maple Ridge COUNCIL MEETING MINUTES October 11, 2022 The Minutes of the City Council Meeting held virtually and hosted in Council Chambers on October 11, 2022 at 9:00 a.m. at City Hall, 11995 Haney Place, Maple Ridge, British Columbia for the purpose of transacting regular City business. PRESENT Elected Officials Mayor M. Morden Councillor J. Dueck Councillor C. Meadus Councillor G. Robson Councillor R. Svendsen Councillor A. Yousef ABSENT Councillor K. Duncan Appointed Staff S. Hartman, Chief Administrative Officer C. 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 C. Nolan, Deputy Director of Finance F. Smith, Director of Engineering T. Thompson, Director of Finance T. Westover, Director of Economic Development H. Singh, Computer Support Specialist Note: These Minutes are also posted on the City’s Web Site at www.mapleridge.ca Video of the meeting is posted at media.mapleridge.ca/Mediasite/Showcase Note: 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-306 It was moved and seconded That the agenda of the Regular Council Meeting of October 11, 2022 be adopted as circulated. CARRIED UNANIMOUSLY 400 ADOPTION AND RECEIPT OF MINUTES 401 Council Meeting Minutes October 11, 2022 Page 2 of 7 401 Minutes of the Regular Council Meeting of September 27, 2022 R/2022-CM-307 It was moved and seconded That the minutes of the Regular Council Meeting of September 27, 2022 be adopted as circulated. CARRIED UNANIMOUSLY 402 Report of Public Hearing of September 20, 2022 R/2022-CM-308 It was moved and seconded That the report of Public Hearing of September 20, 2022 be adopted as circulated. CARRIED UNANIMOUSLY 500 PRESENTATIONS AT THE REQUEST OF COUNCIL - Nil 600 DELEGATIONS - Nil 700 ITEMS ON CONSENT 701 Minutes 701.1 Meetings of the Development Agreements Committee: • 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 Council Meeting Minutes October 11, 2022 Page 3 of 7 R/2022-CM-309 It was moved and seconded That the items on the Consent Agenda of the October 11, 2022, Council Meeting be received into the record. CARRIED UNANIMOUSLY 800 UNFINISHED BUSINESS - Nil 900 CORRESPONDENCE – Nil 1000 BYLAWS 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. R/2022-CM-310 It was moved and seconded That Maple Ridge Water Service Amending Bylaw No. 7868-2022 be adopted. CARRIED UNANIMOUSLY 1002 2020-168-RZ, Alternative Approval Process to Permit a City Sewer Line in Dedicated Park Land A bylaw to permit a statutory right-of-way over dedicated park and dedicated road for Metro Vancouver’s forcemain project. R/2022-CM-311 It was moved and seconded That Dedicated Park Land Bylaw No. 7867-2022 be adopted. CARRIED UNANIMOUSLY 1003 11-52455-20-B512 & 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. Council Meeting Minutes October 11, 2022 Page 4 of 7 R/2022-CM-312 It was moved and seconded That Statutory Right of Way Over Dedicated Park and Dedicated Road Bylaw No. 7841-2022 be adopted. CARRIED UNANIMOUSLY 1004 05-1970-04, 2020 - 2023 Property Tax Exemption Amendment A bylaw to reflect the removal of Foursquare Gospel Church of Canada and a name change for Webster's Corner United Church. R/2022-CM-313 It was moved and seconded That Maple Ridge Property Tax Exemption Amending Bylaw No. 7869-2022 be adopted. CARRIED UNANIMOUSLY 1100 REPORTS AND RECOMMENDATIONS 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. R/2022-CM-314 It was moved and seconded 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. CARRIED UNANIMOUSLY 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. Council Meeting Minutes October 11, 2022 Page 5 of 7 R/2022-CM-315 It was moved and seconded 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. CARRIED UNANIMOUSLY 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. R/2022-CM-316 It was moved and seconded 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. CARRIED UNANIMOUSLY 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. Council Meeting Minutes October 11, 2022 Page 6 of 7 7345-2017, and Housing Agreement Bylaw No. 7877-2022 be given first, second and third readings. Council expressed concerns regarding parking, density, and proposed pharmacy use. Staff answered questions from Council and advised that the applicant’s representative has agreed to a restriction prohibiting pharmacy use in the commercial space. R/2022-CM-317 It was moved and seconded 1. That Housing 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. CARRIED Councillor Yousef opposed ENGINEERING SERVICES 1131 Award of Contract ITT-EN22-25, Fern Crescent Multi-Use Path and Roundabout Staff report dated October 4, 2022, recommending that Contact 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. R/2022-CM-318 It was moved and seconded 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. CARRIED UNANIMOUSLY Council Meeting Minutes October 11, 2022 Page 7 of 7 1200 STAFF REPORTS – Nil 1300 OTHER MATTERS DEEMED EXPEDIENT – Nil 1400 PUBLIC QUESTION PERIOD No members of the public asked questions or provided comments to Council. 1500 MAYOR AND COUNCILLORS’ REPORTS - Nil 1600 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETINGS – Nil 1601 Notice of Special Closed Meeting R/2022-CM-319 It was moved and seconded 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) 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; Section 90(1)(i) 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. CARRIED UNANIMOUSLY 1700 ADJOURNMENT – 9:25 a.m. _______________________________ M. Morden, Mayor Certified Correct ___________________________________ P. Hlavac-Winsor, Acting Corporate Officer City of Maple Ridge REPORT OF PUBLIC HEARING October 18, 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 October 18, 2022 at 7:00 p.m. PRESENT Elected Officials Mayor M. Morden Councillor J. Dueck Councillor C. Meadus Councillor G. Robson Councillor R. Svendsen ABSENT Councillor K. Duncan Councillor A. Yousef Appointed Staff S. Hartman, Chief Administrative Officer C. Carter, General Manager Planning & Development Services C. Crabtree, General Manager Corporate Services P. Hlavac-Winsor, General Counsel and Executive Director, Legislative Services, Acting Corporate Officer S. Labonne, General Manager, Parks, Recreation and Culture A. Nurvo, Deputy Corporate Officer Other Staff as Required C. Goddard, Director of Planning J.Kim, Information Services M. McMullen, Manager of Development & Environmental Services F. Smith, Director of Engineering T. Westover, Director of Economic Development Note: The Mayor chaired the meeting from Council Chambers. The Mayor called the meeting to order. The Acting Corporate Officer explained the procedure and rules of order of the Public Hearing and advised that the bylaws will be considered further at the next Council Meeting on October 25, 2022. The Mayor then called upon Planning Department staff to present the following items on the agenda: 1)Application 2021-281-RZ 22936, 22944, 22952, 22964 and 22974 Dewdney Trunk Road Lot 218 Section 17 Township 12 New Westminster District Plan 56868; Lot 223 Section 17 Township 12 New Westminster District Plan 57491; Lot 224 Section 17 Township 12 New Westminster District Plan 57491; Lot 230 Section 17 Township 12 New Westminster District Plan 58011; and Lot 231 Section 17 Township 12 New Westminster District Plan 58011 402 Public Hearing Report October 18, 2022 Page 2 of 8 The subject application is to permit the rezoning to allow the future construction of a six-storey apartment building with approximately 178 units. 1a) Maple Ridge Official Community Plan Amending Bylaw No. 7865-2022 First Reading: July 26, 2022 Second Reading: July 26, 2022 Purpose: To allow the building height maximum to be increased to six-storeys for the subject properties. 1b) Maple Ridge Zone Amending Bylaw No. 7766-2021 First Reading: July 27, 2021 Second Reading: July 26, 2022 Purpose: To rezone the subject properties from RS-1 (Single Detached Residential) to RM-2 (Medium Density Apartment Residential). C.Goddard, Director of Planning, gave a detailed presentation providing information on the application. The Acting Corporate Officer advised this item was posted in the October 7th and October 14th editions of the local newspaper and that 64 notices were mailed out in relation to this application and that and that 4 pieces correspondence were received in opposition. The Mayor called for speakers for a first time. Alex Ortega stated that he lived immediately adjacent to the subject property and was opposed to the development and the rezoning, which would result in a 6-storey building next to their house, with no buffer, and reduce privacy and daylight to their property. He also expressed concerns regarding traffic, school system capacity, lack of infrastructure and health care to support this many people moving into this area, and concerns with construction noise. Georgina Nikolopoulos stated that she was strongly opposed to the development, that we needed more infrastructure and health care to support it, and that parking was already an issue in this area. Robert Jeglum stated that he had concerns regarding school capacity, that 4 storeys was a better decision than permitting 6 storeys, and that there should be one level of commercial on the ground floor with residences above. Kenneth Gunn asked questions regarding traffic lights and use of the temporary lane to Dewdney. Staff answered the questions. Mr. Gunn stated that he was concerned Public Hearing Report October 18, 2022 Page 3 of 8 about 300 cars coming in and out without traffic lights at this location and stated that an entrance was required off a side street instead. Craig Speirs questioned the difference in DCCs and CAC payable today and when the new rates were ratified. Staff advised that the difference will be approximately $1m. Mr. Spears requested that this application be deferred until the new Council is in and that Council consider expediting implementation of the new fee structure. The Mayor called for speakers a second time. Alex Ortega stated that he agreed with Mr. Spears comments, and the we need to stop new development until the infrastructure catches up. Robert Jeglum asked questions regarding the back laneway and whether the neighbouring developer and Husky gas station have agreed to permit their property to be used or whether the lane was just proposed. He stated that he was opposed to any variances for parking requirements. Kris Bosley stated that it was difficult to turn west, and that we needed to consider improvements at Burnett with the increased traffic that will result from this development including a cross walk. The Mayor called for speakers for a third and final time. There being no comment, the Mayor declared this item dealt with. 2) Application 2021-324-RZ 20660 & 20670 123 Avenue and 20679 Tyner Avenue Lot F District Lot 241 Group 1 New Westminster District Plan 17056; Lot G Except Part Dedicated Road on Plan LMP7229 District Lot 241 Group 1 New Westminster District Plan 17056; and Lot 14 Except Part in Plan LMP7015 District Lot 241 Group 1 New Westminster District Plan 26346 The subject application is to permit the rezoning to allow a future bare land strata subdivision of 10 single-family lots. 2a) Maple Ridge Official Community Plan Amending Bylaw No. 7871-2022 First Reading: September 13, 2022 Second Reading: September 13, 2022 Purpose: To re-designate portions of the subject properties from Urban Residential to Conservation. 2b) Maple Ridge Zone Amending Bylaw No. 7788-2021 First Reading: September 28, 2021 Second Reading: September 13, 2022 Public Hearing Report October 18, 2022 Page 4 of 8 Purpose: To rezone portions of the subject properties from RS-3 (Single Detached Rural Residential) to R-1 (Single Detached (Low Density) Urban Residential). M. McMullen, Manager of Development & Environmental Services, gave a detailed presentation providing information on the application. The Acting Corporate Officer advised this item was posted in the October 7th and October 14th editions of the local newspaper and that 32 notices were mailed out in relation to this application and that and that no correspondence was received in response. The Mayor called for speakers for a first time. Peter Robinson expressed concerns regarding large trees on his property and the impacts on those trees from the construction and development. He expressed concerns regarding the proposed walkway adjacent to his property and potential negative impacts on the community. Staff answered his questions and advised that an arborist report has been prepared and will be shared. Robinder Singh Heer attempted to join the meeting electronically on several occasions to provide comments but there was no sound. Andrea Drummond advised that the conservation land was not a walkable park because of the steep slope, expressed concerns with maintenance of the park area, and stated that she was opposed to any variances for width of lots. She stated the neighbourhood do not want the trail due to safety concerns. The Mayor called for speakers for a second time. Peter Robinson questioned the proposed storm sewer right of way and how it would connect to his property and stated that he was opposed to the variances to pack in more houses, and that it was a travesty to destroy the existing old growth forest. Eric Mao Fuzhen expressed concerns on the impact on his property, and impacts on wildlife in the area, and stated this is a precious area that should be preserved in its current state. Andrea Drummond stated there was lots of wildlife in this area and requested that Council not approve the variances but preserve the unique character of this property for the community. She was also concerned that the walkway would lead to an encampment. The Mayor called for speakers a third and final time. Public Hearing Report October 18, 2022 Page 5 of 8 Craig Speirs stated that the property was a park-like setting and requested that Council reduce the density which should be built among the existing trees. He expressed a concern that approximately $250,000 would be lost in DCCs and CACs with this development and advised that Council should defer this approval until the new rates are in place. Peter Robinson requested information on the location of the proposed pumphouse. Andrea Drummond requested that Council defer making a decision on this since there is no community plan in place and that the arborist report should be provided to the public. There being no comment, the Mayor declared this item dealt with. 3) Application 2019-138-RZ 22238, 22242, 22246, and 22286 Selkirk Avenue, 22245, 22251, and 22289 Lougheed Highway, PID 011-208-775, PID 011-208-848, and PID 011-208-856 Lots 17, 18, 19, 20, 21, 29, 30, 31, and 32 District Lot 398 Group 1 New Westminster District Plan 6808; and Lot 61 District Lot 398 Group 1 New Westminster District Plan 25783 The subject application is to permit the rezoning to allow the future construction of two six-storey, mixed-use buildings with a total of approximately 3,201m2 of ground floor commercial space and 255 apartment units. 3a) Maple Ridge Official Community Plan Amending Bylaw No. 7878-2022 First Reading: September 27, 2022 Second Reading: September 27, 2022 Purpose: To re-designate portions of the subject properties from Flexible Mixed-Use to Town Centre Commercial. 3b) Maple Ridge Zone Amending Bylaw No. 7879-2022 First Reading: September 27, 2022 Second Reading: September 27, 2022 Purpose: To introduce the CD-2-22 Comprehensive Development Zone, and to rezone the subject properties from C-3 (Town Centre Commercial) and CS-1 (Service Commercial) to CD-2-22 (Comprehensive Development). C. Goddard, Director of Planning, gave a detailed presentation providing information on the application. The Acting Corporate Officer advised this item was posted in the October 7th and October 14th editions of the local newspaper and that 299 notices were mailed out in Public Hearing Report October 18, 2022 Page 6 of 8 relation to this application and that and that no correspondence was received in response. The Mayor called for speakers for a first and second time. Craig Speirs expressed concerns that the City would lose between $3-4m in DCCs and CACs which should be used to provide services and infrastructure to this community, and advised that Council defer this matter and expedite the new fee structure. Alex Ortega stated that the City is allowing too much development and that too many people and too many cars are coming to the City. He stated he is opposed to the development since there is not sufficient infrastructure and services in place. The Mayor called for speakers for a third and final time. There being no comment, the Mayor declared this item dealt with. Note: Councillor Robson left the meeting at 8:35 p.m. 4) Application 2020-177-RZ 12834 232 Street Lot 10 Block 5 Section 28 Township 12 New Westminster District Plan 19347 The subject application is to permit the rezoning to allow the future construction of a three-storey, mixed-use building with 330m2 of ground floor commercial space and 14 residential units; 4 of the 14 residential units will be secured as rental units. 4a) Maple Ridge Official Community Plan Amending Bylaw No. 7888-2022 First Reading: September 27, 2022 Second Reading: September 27, 2022 Purpose: To re-designate the subject property from Estate Suburban Residential to Commercial. 4b) Maple Ridge Zone Amending Bylaw No. 7889-2022 First Reading: September 27, 2022 Second Reading: September 27, 2022 Purpose: To introduce the CD-3-22 Comprehensive Development Zone, and to rezone the subject property from RS-2 (One Family Suburban Residential) to CD-3-22 (Comprehensive Development). M. McMullen, Manager of Development & Environmental Services, gave a detailed presentation providing information on the application. Public Hearing Report October 18, 2022 Page 7 of 8 The Acting Corporate Officer advised this item was posted in the October 7th and October 14th editions of the local newspaper and that 15 notices were mailed out in relation to this application and that and that 2 pieces of correspondence were received in response. The Mayor called for speakers for a first time. Craig Speirs stated that the City is losing money on DCCs and CACs by permitting this development now and acknowledged that this proposal would provide rental accommodation and there was little available in this area. The Mayor called for speakers for a second, third and final time. There being no comment, the Mayor declared this item dealt with. 5) Application 2021-393-RZ 10869 and 10911 248 Street Lot A Section 10 Township 12 New Westminster Plan 21086; and Lot 14 Block E 1/2 Section 10 Township 12 New Westminster Plan 2450 The subject application is to permit the rezoning to allow the future subdivision of approximately 34 single-family lots. 5a) Maple Ridge Official Community Plan Amending Bylaw No. 7890-2022 First Reading: September 27, 2022 Second Reading: September 27, 2022 Purpose: To re-designate portions of the subject properties from Low Density Residential to Single Family and Conservation. 5b) Maple Ridge Zone Amending Bylaw No. 7811-2022 First Reading: December 14, 2021 Second Reading as amended: September 27, 2022 Purpose: To rezone the subject properties from RS-3 (Single Detached Rural Residential) to RS-1b (Single Detached (Medium Density) Residential); to permit R-1, R-2 and R-3 sized lots utilizing the Albion Density Bonus; and to amend the Density Bonus for the Albion Area to include R-2 and R-3 zone requirements for RS-1b zoned lots located within the North East Albion Area. M. McMullen, Manager of Development & Environmental Services, gave a detailed presentation providing information on the application. Public Hearing Report October 18, 2022 Page 8 of 8 The Acting Corporate Officer advised this item was posted in the October 7th and October 14th editions of the local newspaper and that 22 notices were mailed out in relation to this application and that and that no correspondence was received in response. The Mayor called for speakers three times. There being no comment, the Mayor declared this item dealt with. Having given all those persons whose interests were deemed affected by the matters contained herein a chance to be heard, the Mayor adjourned the Public hearing at 8:48 p.m. ____________________________ M. Morden, Mayor Certified Correct ___________________________________ P. Hlavac-Winsor, Acting Corporate Officer 700 ITEMS ON CONSENT 701 Minutes 701.1October 11, 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. 21-117552-BG LEGAL: PID: LOCATION: OWNER: Lot 28 Section 28 Township 12 New Westminster District Plan BCP17359 026-279-959 13491240 Street Laura Kernested and Bradley D. Kernested REQUIRED AGREEMENTS: Temporary Residential Use THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENT AS IT RELATES TO 21-117552-BG. 2. 20-121109-BG LEGAL: PID: LOCATION: OWNER: CARRIED Lot 1 Section 6 Township 15 New Westminster District Plan 17015 010-271-341 10111272 Street Jonathan N. Kick & Katherine J. Labelle REQUIRED AGREEMENTS: Parking Covenant for a Detached Garden Suite THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENT AS IT RELATES TO 20-121109-BG. CARRIED Development Agreements Committee October 11, 2022 3. 2020-409-SD LEGAL: PIO: LOCATION: OWNER: Lot 3 District Lot 404 Group 1 New Westminster District Plan BCP46902 Lot A District Lot 404 Group 1 New Westminster District Plan EPP48959 028-409-990 029-542-081 11089 240 Street, 11101 239 Street and 1094 Buckerfield Drive John D. Wynnyk, Steve W. Wynnyk, Edythe M. Wynnyk, Laura D. Symens, Donna Y. Wynnyk, Colleen S. Wynnyk REQUIRED AGREEMENTS: Rezoning Servicing Agreement, Release of Statutory Right of Way, Application to Deposit Plan, Geotechnical Covenant, Stormwater Management Covenant THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENTS AS THEY RELATES TO 2020-409-SD. 4. 2018-408-SD LEGAL: PIO: LOCATION: OWNER: CARRIED Section 28 Township 12 New Westminster District Plan 2637 Lot 1, 2 And 3 Section 28 Township 12 New Westminster District Plan EPP111834 010-502-386 No PIO 13160 236 Street 1267289 B.C. Ltd. REQUIRED AGREEMENTS: Subdivision Servicing Agreement, Wildfire Protection Covenant, Enhancement & Replanting Agreement and No-Build Subdivision Covenant THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENTS AS THEY RELATE TO 2018-408-SD. 5. 2019-426-RZ LEGAL: CARRIED Lot 1 Section 14 Township 12 New Westminster District Plan 68269 Lot A Section 14 Township 12 New Westminster District Plan 72158 Lot 52 Section 14 Township 12 New Westminster District Plan 36865 Lot 1 Section 14 Township 12 New Westminster District Plan 69242 Lot 1 Section 14 Township 12 New Westminster District Plan 72997 Lot 78 Section 14 Township 12 New Westminster District Plan 69240 Page 2 of 3 October 18, 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. 22-108310-BG LEGAL: PIO: LOCATION: OWNER: Lot 17 Section 28 Township 12 New Westminster District Plan 20636 008-914-451 133 7 6 233 Street Douglas W. Loshny and Tammy L. Loshny REQUIRED AGREEMENTS: Flood Protection Covenant THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENT AS IT RELATES TO 22-108310-BG. 2. 22-108894-BG LEGAL: PIO: LOCATION: OWNER: CARRIED Lot 4 District Lot 247 Group 1 New Westminster District Plan 19902 010-576-967 21508 River Road David Sypniewski and Venesa-Andrea Sypniewski REQUIRED AGREEMENTS: Geotechnical Covenant THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING DOCUMENT AS IT RELATES TO 22-108894-BG. · CARRIED 701.2 Advisory Design Panel Minutes July 20, 2022 Page 2 of 4 R/2022-ADP-034 It was moved and seconded That the Advisory Design Panel has reviewed application 2019-138-DP and recommends that the application be supported and the following concerns be addressed as the design develops and submitted to Planning staff for follow-up. Architectural Comments: • Ensure egress from Phase 1 building to the North is achieved during interim stage between Phase 1 and Phase 2 • Phase 1 courtyard appears to lack access from Building 1, it appears that access to Phase 1 courtyard can only be achieved after completion of Phase 2 courtyard. Perhaps further details for access to courtyard in Phase 1 is warranted. • The two residential entrance ways, at the North and South elevations, suggest to add red material at pedestrian level to better define front doors • Suggest providing access to courtyard from the mid-block Landscape Comments: • Suggest incorporating features into grand stairs to address security concerns (CPTED), i.e., lighting, landscaping, etc. • Ensure adequate tree protection on existing trees along Lougheed • Recommend breaking up monumental stairs with planting incorporated into stairs • Recommend continuation of architectural fagade material or signage/art around the building into courtyard space • Suggest reconfiguration of planters around courtyard stair to 223rd Street to incorporate planting into stair and provide vegetation buffer between building 2 access ramp and residential patios. • Suggest relocation of vegetable garden plots to maximize sun exposure • Suggest studying alternative to checker board to improve programming • Suggest providing landscape courtyard cross sections CARRIED UNANIMOUSLY Note: Meredith Mitchel recused herself from agenda item 6.2 as she is a Landscape Architect for the project. 6.2 Development Permit No: 2020-432-DP/ 12229 & 12211228 Street The Chair welcomed the project team to the meeting and introduced the members of the ADP. The Staff Liaison provided a brief overview of the 17-unit townhouse development. The project team presented the development plans and answered questions from the Panel. R/2022-ADP-035 It was moved and seconded That the Advisory Design Panel has reviewed application 2020-432-DP and recommends that the application be supported and the following concerns be addressed as the design develops and submitted to Planning staff for follow-up. Architectural Comments: • Suggest extending use of wood panels to ground level access of corner units Advisory Design Panel Minutes July 20, 2022 Page 3 of 4 • Ensure driveway widths, turning radiuses and hammerheads allow for appropriate vehicular movement, including garbage trucks • Ensure parking stalls meet the City of Maple Ridge zoning bylaw • Bedroom overhang on second floor over the balconies to consider having architectural elements, i.e., corbel Landscape Comments: • Suggest exploring opportunities to introduce additional permeable paver areas • Suggest providing direct connection from the pedestrian mews to the amenity area CARRIED MEREDITH MITCHELL DID NOT VOTE Note: Meredith Mitchel recused herself from agenda item 6.3 as she is a Landscape Architect for the project. 6.3 Development Permit No: 2021-564-DP/ 23004 Dewdney Trunk Road The Chair welcomed the project team to the meeting and introduced the members of the ADP. The Staff Liaison provided a brief overview of the 3 storey mixed-use commercial and residential building. The project team presented the development plans and answered questions from the Panel. R/2022-ADP-036 It was moved and seconded That the Advisory Design Panel has reviewed application 2021-564-DP and recommends that the application be supported and the following concerns be addressed as the design develops and submitted to Planning staff for follow-up. Architectural Comments: • Garbage area disconnect from building, suggest exploring relocating closer to building for better weather protection • Suggest providing convenience access to stairs from residential lobby • Confirm PMT location over parkade slab with BC Hydro • Consider bedrooms between outdoor amenity area to have window treatments for privacy • Pedestrian level at residential lobby entrance, suggest to have different material or colour to provide easy identification • Suggest darker colour panels on the commercial level of the zero-lot line wall to minimize visual appearance ' Landscape Comments: • Suggest improving street interface by: o Consider additional stair into commercial level on the West side o Consider sitting opportunities at commercial level o Consider introducing a terraced planter along Dewdney Trunk Road to minimize visual appearance of concrete wall • Suggest proving screening between barbeque amenity and cooling units CARRIED UNANIMOUSLY 702 Reports 702.1 Conferences & Community Cell Phones/ Month of Event Reason for expense Seminars Events iPads Totals Dueck, Judy January Portable electronic device charges (e.g. IPad) 5.35 February Portable electronic device charges (e.g. IPad) 5.35 March Portable electronic device charges (e.g. IPad) 5.35 April Portable electronic device charges (e.g. !Pad) 5.35 May Portable electronic device charges (e.g. IPad) 5.35 Rotary Club of Haney -Annual Ladies' Night 129.30 June Portable electronic device charges (e.g. IPad) 5.35 July Portable electronic device charges (e.g. IPad) 5.35 August Portable electronic device charges (e.g. IPad) 5.35 September Portable electronic device charges (e.g. IPad) 5.35 October Hometown Heroes Dinner 60.00 189.30 48.15 237.45 Duncan, Kiersten January Cell phone charges 48.15 Portable electronic device charges (e.g. IPad) 5.35 February Cell phone charges 48.15 Portable electronic device charges (e.g. !Pad) 5.35 March Cell phone charges 48.15 Portable electronic device charges (e.g. IPad) 5.35 April Cell phone charges 48.15 Portable electronic device charges (e.g. IPad) 5.35 May Cell phone charges 48.15 Portable electronic device charges (e.g. IPad) 5.35 June Cell phone charges 48.15 Portable electronic device charges (e.g. !Pad) 5.35 July Cell phone charges 48.15 Portable electronic device charges (e.g. IPad) 5.35 August Cell phone charges 48.15 Portable electronic device charges (e.g. IPad) 5.35 September Cell phone charges 48.15 Portable electronic device charges (e.g. IPad) 5.35 --. 481.50 481.50 2022 Council Expenses Conferences & Community Cell Phones/ Month of Event Reason for expense Seminars Events iPads Totals Meadus, Chelsa January Portable electronic device charges (e.g. !Pad) 5.35 February Portable electronic device charges (e.g. !Pad) 5.35 March Portable electronic device charges (e.g. IPad) 5.35 April Portable electronic device charges (e.g. !Pad) 5.35 May Portable electronic device charges (e.g. !Pad) 5.35 Rotary Club of Haney -Annual Ladies' Night 129.30 June Portable electronic device charges (e.g. IPad) 5.35 July Portable electronic device charges (e.g. !Pad) 5.35 August Portable electronic device charges (e.g. !Pad) 5.35 September Portable electronic device charges (e.g. !Pad) 5.35 129.30 48.15 177.45 Morden, Mike January February March 2021 Business Excellence Awards Gala 115.00 April May Meadow Ridge Rotary Club -Wine Festival 26.90 June July September 2022 Union of BC Municipalities Convention 1,188.28 October Hometown Heroes Dinner 60.00 1,188.28 201.90 1,390.18 Robson, Gordy January Portable electronic device charges (e.g. IPad) 26.75 February Portable electronic device charges (e.g. !Pad) 5.35 March Portable electronic device charges (e.g. !Pad) 5.35 April Portable electronic device charges (e.g. IPad) 26.75 May Portable electronic device charges (e.g. IPad) 5.35 June Portable electronic device charges (e.g. !Pad) 5.35 July Portable electronic device charges (e.g. !Pad) 5.35 August Portable electronic device charges (e.g. !Pad) 5.35 September Portable electronic device charges (e.g. !Pad) 5.35 October Hometown Heroes Dinner 60.00 60.00 90.95 150.95 2022 Council Expenses Conferences & Community Cell Phones/ Month of Event Reason for expense Seminars Events iPads Totals Svendsen, Ryan January Portable electronic device charges (e.g. !Pad) 5.35 February Portable electronic device charges (e.g. !Pad) 5.35 March Portable electronic device charges (e.g. !Pad) 5.35 April Portable electronic device charges (e.g. !Pad) 5.35 May Portable electronic device charges (e.g. IPad) 5.35 June Portable electronic device charges (e.g. IPad) 5.35 July Portable electronic device charges (e.g. IPad) 5.35 August Portable electronic device charges (e.g. IPad) 5.35 September Portable electronic device charges (e.g. !Pad) 5.35 48.15 48.15 Yousef, Ahmed January Portable electronic device charges (e.g. IPad) 5.35 February Portable electronic device charges (e.g. !Pad) 5.35 March Portable electronic device charges (e.g. IPad) 5.35 2021 Business Excellence Awards Gala 115.00 April Portable electronic device charges (e.g. IPad) 5.35 May BC Agriculture in the Classroom Foundation 100.00 Maple Ridge Community Foundation Dinner 133.23 Portable electronic device charges (e.g. IPad) 5.35 June Portable electronic device charges (e.g. !Pad) 5.35 July Portable electronic device charges (e.g. !Pad) 5.35 August Portable electronic device charges (e.g. IPad) 5.35 September Portable electronic device charges (e.g. IPad) 5.35 October Hometown Heroes Dinner 60.00 408.23 48.15 456.38 TOTALS 1,188.28 988.73 765.05 2,942.06 2022 Council Expenses 702.2 CITY OF MAPLE RIDGE MONTHLY DISBURSEMENTS -Sep 2022 VENDOR NAME DESCRIPTION OF PAYMENT AMOUNT 0740396 BC Ltd Security refund 58,319 0946235 BC Ltd Light landscaping & mowing 30,319 0986783 BC Ltd Security refund 35,625 A&A Testing Ltd Storm sewer & sanitary sewer CCTV program 16,003 Aplin & Martin Consultants Ltd 112 Ave Multi use pathway (Design) 41,350 136 Ave lift station redevelopment 2,054 43,403 Atlantic Industries Limited Supply of galvanized & polymer multi-plate arch culvert 97,941 BA Blacktop Pavement rehabilitation program 475,409 Badger Daylighting Lp Hydro-excavation (multiple locations) 43,730 BC Hydro Electricity 171,101 BC SPCA Contract payment 67,848 Bell Mobility Telecommunications 15,168 CDW Canada Inc Software maintenance 16,823 Cobing Building Solutions Building maintenance (various locations) 23,760 CUPE Local 622 Union dues 61,093 Curtis Personalized Health Contracted service provider -fitness classes & programs 28,319 Dentons Canada Lip, In Trust Land acquisition 2,400,000 Double V Construction Ltd Albion Community Centre 91,527 Dougness Holdings Ltd Catch basin cleaning 42,081 Drake Excavating (2016) Ltd 225 St pump station replacement 114,678 236 St pump station replacement 95,098 Port Haney culvert removal 36,540 246,316 Fred Surridge Ltd Waterworks supplies 15,766 Grata Construction Management Ltd Holdback release (Tower renovations 3rd floor) 18,930 Greater Vancouver Regional District MFA debt payments 382,934 Greater Vancouver Sewerage & Drainage Waste discharge industrial treatment fees 15,815 Greater Vancouver Water District Water consumption 1,543,437 Hain, Neil Professional fees 33,600 Hallmark Facility Services Inc Janitorial services & supplies 45,684 Hub Fire Engines & Equipment Equipment maintenance 16,515 lnterprovincial Traffic Services Traffic signal power system upgrades 53,894 ISL Engineering & Land Services Drainage upgrade program 25,997 Evacuation route planning 9,559 Watermain CCTV inspection 7,423 42,979 Jackson Ridge Project Security refund 46,000 Kim, Hyoung Kwon Security refund 44,321 Leaders International Executive Recruitment fees 35,120 Lit Aquatics Ltd Aquatics partner program 24,394 Lordco Pa.rts Ltd Supplies & maintenance for fleet vehicles 19,232 Maple Leaf Disposal Ltd Refuse container and litter collection 22,074 Maple Ridge & PM Arts Council Arts Centre contract (Sep,Oct) 119,644 Program revenue 39,413 159,057 Maple Ridge Chrysler 1972 Ltd 2022 Dodge Ram 1500 75,570 Municipal Pension Plan BC Employer/employee remittance 846,684 Neilson Strategies Inc Professional fees 15,146 New Rhodes Construction Inc Remove, dispose, supply & install new bridge at Westview Park 31,369 Supply & construction of Neighbourhood Park signs 13,386 44,755 North of 49 Ice Sports Services Ltd Contracted service provider -skating lesson programs 16,827 Pine Creek Development Ltd Security refund 92,683 Prime Traffic Solutions Ltd Traffic control 52,400 Province of British Columbia Employer health tax 233,388 Integrated Homicide Investigation Team costs 194,558 427,946 VENDOR NAME Raybern Erectors Ltd Receiver General For Canada Ridge Canoe & Kayak Club Ridge Meadows Seniors Society RTR Terra Contracting Ltd Spartan Controls Ltd Stacey Holloway & Associates Ltd Stantec Consulting Ltd Staples -Corporate Express Canada Stave River Contracting Ltd Stewart Mcdannold Stuart Strata Plan LMS Commercial Streetside Developments (BC) Streetwise Traffic Controllers Suncor Energy Products Targa Contracting Ltd TGK Irrigation Ltd The Get Go Inc Total Power Ltd VDZ+A Consulting Inc Warrington PCI Management Wasti Holdings Ltd Western Compensation & Benefits Consultants Whitestar Property Services Windmill Flooring Disbursements In Excess $15,000 Disbursements Under $15,000 Total Payee Disbursements Payroll Purchase Cards -Payment Total Disbursements Sep 2022 DESCRIPTION OF PAYMENT Removal & installation of fences at various Nieghbourhood Parks Employer/employee remittance Spring/summer course programs -Canoe kids Quarterly operating grant Culvert replacement (112 Ave) Pump station maintenance Professional fees 236 St water pump station replacement Office supplies Replace retaining wall (Maple Ridge Lapidary club) Professional fees Panorama strata fees Security refunds Traffic control Gasoline & diesel fuel Culvert replacement (98 Ave) Whonnock Lake washroom building Traffic detection cameras Generator maintenance Park development (design consulting) Tower common costs (July,Aug,) + Sep,Oct advance payments Security refund Professional fees Parks mowing & trimming+ light landscape Carpeting Finance Department PP22/18 & PP22/19 AMOUNT 35,385 1,354,776 22,948 56,737 59,156 18,340 18,008 54,396 15,343 37,564 19,013 35,691 220,000 34,212 101,154 17,786 24,332 104,250 16,492 16,583 251,999 70,359 18,683 26,782 26,869 10,713,408 986,431 11,699,839 2,346,969 115,255 14,162,063 1000 BYLAWS 1001.1CITY OF MAPLE RIDGE BYLAW NO. 7865-2022 A Bylaw to amend the Official Community Plan WHEREAS the Local Government Act empowers a local government to adopt or amend an Official Community Plan; AND WHEREAS it is deemed desirable to amend Schedule "A" to the Official Community Plan; NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows: 1. This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending Bylaw No. 7865-2022". 2. That Section 3.1 Neighbourhoods & Housing, 3.1.4 Residential Infill and Compatibility Criteria, Apartment policies be amended by adding to the existing policy 3-20(c) the following sentence: The height max be increased to six (6) storeys specific to the following Lots: (i) Lot 230, Section 17, Township 12, New Westminster District Plan 58011 (ii) Lot 231, Section 17, Township 12, New Westminster District Plan 58011 (iii) Lot 223, Section 17, Township 12, New Westminster District Plan 57491 (iv) Lot 224, Section 17, Township 12, New Westminster District Plan 57491 (v) Lot 218, Section 17, Township 12, New Westminster District Plan 56868 3. Maple Ridge Official Community Plan Bylaw No. 7060-2014 as amended is hereby amended accordingly. READ A FIRST TIME the 27th day of July, 2021 . READ A SECOND TIME the 26th day of July 2022. PUBLIC HEARING HELD the 18th day of October, 2022. READ A THIRD TIME the day of ADOPTED, the day of , 200. PRESIDING MEMBER ,200. CORPORATE OFFICER 1001.2CITY OF MAPLE RIDGE BYLAW NO. 7766-2021 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. 7766-2021.11 2. Those parcel (s) or tract (s) of land and premises known and described as: Lot 230, Section 17, Township 12, New Westminster District Plan 58011 Lot 231, Section 17, Township 12, New Westminster District Plan 58011 Lot 223, Section 17, Township 12, New Westminster District Plan 57 491 Lot 224, Section 17, Township 12, New Westminster District Plan 57 491 Lot 218, Section 17, Township 12, New Westminster District Plan 56868 and outlined in heavy black line on Map No. 1892 a copy of which is attached hereto and forms part of this Bylaw, are hereby rezoned to RM-2 (Medium Density Apartment Residential). 3. Maple Ridge Zoning Bylaw No. 7600-2019 as amended and Map 11A11 attached thereto are hereby amended accordingly. READ a first time the 27th day of July, 2021. READ a second time the 26th day of July, 2022. PUBLIC HEARING held the 18th day of October, 2022. READ a third time the day of ,20 APPROVED by the Ministry of Transportation and Infrastructure this day of , 20 ADOPTED, the day of ,20 PRESIDING MEMBER CORPORATE OFFICER 1002.1CITY OF MAPLE RIDGE BYLAW NO. 7871-2022 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 Schedules 11B11 & 11C11 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. 7871-2022 2. Schedule 11B11 is hereby amended for that parcel or tract of land and premises known and described as: Lot F District Lot 241 Group 1 New Westminster District Plan 17056; Lot G Except Part Dedicated Road on Plan LMP7229 District Lot 241 Group 1 New Westminster District Plan 17056; and Lot 14 Except Part in Plan LMP7015 District Lot 241 Group 1 New Westminster District Plan 26346; and outlined in heavy black line on Map No. 1976, a copy of which is attached hereto and forms part of this Bylaw, is hereby designated/amended as shown. 3. Schedule "C" is hereby amended for that parcel or tract of land and premises known and described as: Lot F District Lot 241 Group 1 New Westminster District Plan 17056; Lot G Except Part Dedicated Road on Plan LMP7229 District Lot 241 Group 1 New Westminster District Plan 17056; and Lot 14 Except Part in Plan LMP7015 District Lot 241 Group 1 New Westminster District Plan 26346; and outlined in heavy black line on Map No. 1977, a copy of which is attached hereto and forms part of this Bylaw, is hereby amended by adding Conservation. 4. Maple Ridge Official Community Plan Bylaw No. 7060-2014 is hereby amended accordingly. READ a first time the 13th day of September, 2022 READ a second time the 13th day of September, 2022 PUBLIC HEARING held the 18th day of October, 2022 READ a third time the day of ADOPTED, the day of ,20. PRESIDING MEMBER , 20 CORPORATE OFFICER 1002.2CITY OF MAPLE RIDGE BYLAW NO. 7788-2021 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. 7788-2021.11 2. That parcels of land and premises known and described as: Lot F District Lot 241 Group 1 New Westminster District Plan 17056; Lot G Except Part Dedicated Road on Plan LMP7229 District Lot 241 Group 1 New Westminster District Plan 17056; and Lot 14 Except Part in Plan LMP7015 District Lot 241 Group 1 New Westminster District Plan 26346; and outlined in heavy black line on Map No. 1907 a copy of which is attached hereto and forms part of this Bylaw, are 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 28th day of September, 2021. READ a second time the 13th day of September, 2022 PUBLIC HEARING held the 18th day of October, 2022 READ a third time the day of ,20 APPROVED by the Ministry of Transportation and Infrastructure this day of ,20 ADOPTED, the day of ,20 PRESIDING MEMBER CORPORATE OFFICER 1003.1CITY OF MAPLE RIDGE BYLAW NO. 7878-2022 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 "B" to the Official Community Plan; NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows: 1. This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending Bylaw No. 7878-2022" 2. Schedule "B" is hereby amended for that parcel or tract of land and premises known and described as: Lot 21 District Lot 398 Group 1 New Westminster District Plan 6808 Lot 20 District Lot 398 Group 1 New Westminster District Plan 6808 Lot 19 District Lot 398 Group 1 New Westminster District Plan 6808 Lot 18 District Lot 398 Group 1 New Westminster District Plan 6808; and Lot 17 District Lot 398 Group 1 New Westminster District Plan 6808 and outlined in heavy black line on Map No. 1065, 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 27th day of September, 2022 READ a second time the 27th day of September, 2022 PUBLIC HEARING held the 18th day of October, 2022 READ a third time the day of ADOPTED, the day of , 20 . , 20 PRESIDING MEMBER CORPORATE OFFICER 1003.2 1004.1CITY OF MAPLE RIDGE BYLAW NO. 7888-2022 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 "B" to the Official Community Plan; NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows: 1. This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending Bylaw No. 7888-2022". 2. Schedule "B" is hereby amended for that parcel or tract of land and premises known and described as: Lot 10 Block 5 Section 28 Township 12 New Westminster District Plan 1934 7 and outlined in heavy black line on Map No. 1067, 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 27th day of September, 2022 READ a second time the 27th day of September, 2022 PUBLIC HEARING held the 18th day October, 2022 READ a third time the day of ADOPTED, the day of ,20 , 20 PRESIDING MEMBER CORPORATE OFFICER 1004.2 3. That parcel or tract of land and premises known and described as: Lot 10 Block 5 Section 28 Township 12 New Westminster District Plan 1934 7 and outlined in heavy black line on Map No. 1986 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to CD-3-22 (Comprehensive Development. 4. Maple Ridge Zoning Bylaw No. 7600-2019 as amended and Map 'A' attached thereto are hereby amended accordingly. READ a first time the 27th day of September, 2022 READ a second time the 27th day of September, 2022 PUBLIC HEARING held the 18th day of October, 2022 READ a third time as amended, the ADOPTED the day of PRESIDING MEMBER day of ,20 ,20 CORPORATE OFFICER 1005.1CITY OF MAPLE RIDGE BYLAW NO. 7890-2022 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 Schedules "A" & "C" 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. 7890-2022." 2. Schedule "A", Chapter 10.2 Albion Area Plan, Schedule 1: Albion Area Plan and "Figure 1: Northeast Albion" are hereby amended for that parcel or tract of land and premises known and described as: Lot A Section 10 Township 12 New Westminster District Plan 21086; and Lot 14 Block Ei/2 Section 10 Township 12 New Westminster District Plan 2450 and outlined in heavy black line on Map No. 1068, a copy of which is attached hereto and forms part of this bylaw, are hereby designated as shown. 3. Schedule "C" is hereby amended for that parcel or tract of land and premises known and described as: Lot A Section 10 Township 12 New Westminster District Plan 21086; and Lot 14 Block Ei/2 Section 10 Township 12 New Westminster District Plan 2450 and outlined in heavy black line on Map No. 1069, a copy of which is attached hereto and forms part of this Bylaw, is hereby amended by adding Conservation. 4. Maple Ridge Official Community Plan Bylaw No. 7060-2014 is hereby amended accordingly. READ a first time the 27th day of September, 2022. READ a second time the 27th day of September, 2022. PUBLIC HEARING held the 18th day of October, 2022. READ a third time the day of ADOPTED the day of PRESIDING MEMBER , 20 , 20 CORPORATE OFFICER 1005.2 5. Maple Ridge Zoning Bylaw No. 7600-2019 as amended and Map 'A' attached thereto are hereby amended accordingly. READ a first time the 27th day of September, 2022. READ a second time as amended the 27th day of September, 2022. PUBLIC HEARING held the 18th day of October, 2022. READ a third time the day of ,20 ADOPTED the day of ,20 PRESIDING MEMBER CORPORATE OFFICER 1006TO: FROM: SUBJECT: City of Maple Ridge His Worship Mayor Michael Morden and Members of Council Chief Administrative Officer Third and Final Reading MEETING DATE: FILE NO: MEETING: Official Community Plan Amending Bylaw No. 7607-2020 Final Reading Zone Amending Bylaw No. 7608-2020 October 25, 2022 2019-426-RZ COUNCIL 24877, 24909, 24929, 2494 7, 24979, 24985, and 24989 112 Avenue EXECUTIVE SUMMARY: Official Community Plan Amending Bylaw No. 7607-2020 and Zone Amending Bylaw No. 7608-2020 have been considered by Council and at Public Hearing and subsequently were granted third reading. The bylaws are required to permit the future construction of a 165 unit townhouse development on the subject properties, located at 24877, 24909, 24929, 24947, 24979, 24985, and 24989 112 Avenue (see Appendix A). The applicant has requested that final reading be granted. Official Community Plan Amending Bylaw No. 7607-2020 was to amend the North East Albion Area Plan and Official Community Plan (OCP) Land Use Designation Map from what was previously designated as Low/Medium Residential to Townhouse and Conservation (see Appendix B). This OCP Amending Bylaw had received third reading prior to the North East Albion Area Plan being adopted at the September 27, 2022 Council meeting. Therefore, the bylaw needs to have third reading rescinded to enable amendments to the bylaw to reflect the current designation of Townhouse under the North East Albion Area Plan. The Official Community Plan Amending Bylaw No. 7607-2020 is still required for the Conservation areas and is proposed for third and final reading as amended (see Appendix C). Zone Amending Bylaw No. 7608-2020 (see Appendix D) is to rezone from the RS-3 (Single Detached Rural Residential) zone to the RM-1 (Townhouse Low Density Townhouse Residential) zone. Council granted first reading for Zone Amending Bylaw No. 7608-2020 on March 10, 2020. Council granted first and second reading for Official Community Plan Amending Bylaw No. 7607-2020 and second reading for Zone Amending Bylaw No. 7608-2020 on June 28, 2022. This application was presented at Public Hearing on July 19, 2022, and Council granted third reading on July 26, 2022. The purpose of the rezoning is to permit the construction of a townhouse development consisting of 165 units (see Appendix E). RECOMMENDATIONS: 1. That third reading of Official Community Plan Amending Bylaw No. 7607-2020 be rescinded, and that Official Community Plan Amending Bylaw No. 7607-2020 as amended, be given third reading and adopted; and further 2. That Zone Amending Bylaw No. 7608-2020 be adopted. 2019-426-RZ Page 1 of 4 DISCUSSION: a) Background Context: Council considered this rezoning application at a Public Hearing held on July 19, 2022 and granted third reading on July 26, 2022 to Official Community Plan Amending Bylaw No. 7607-2020 and Zone Amending Bylaw No. 7608-2020. At the Council Meeting on September 27, 2022, Council adopted the North East Albion Area Plan, therefore the re-designation of the land from Low/Medium Residential to Townhouse is no longer required. However the amendment to the Conservation boundary is still required. Official Community Plan Amending Bylaw No. 7607-2020 has been amended accordingly to reflect this change. The following terms and conditions were to be addressed as conditions of 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; Staff comment: A Rezoning Servicing Agreement has been signed and a Letter of Undertaking has been provided assuring that the Agreement will be registered as a Restrictive Covenant with the Land Titles Office. The security deposit has been received. 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"; Staff comment: This amendment will occur with the adoption of the Official Community Plan Amending Bylaw No. 7607-2020. iii) Road dedication on 112 Avenue, as required; Staff comment: A road dedication plan has been provided with a Letter of Undertaking assuring that the plan will be deposited with the Land Titles Office. iv) Park dedication as required, including construction of walkways, multi-purpose trails, or emergency access roads; and removal of all debris and garbage from park land; Staff comment: A park dedication plan has been provided with a Letter of Undertaking assuring that the Staff comment: plan will be deposited with the Land Titles Office. v) Consolidation of the subject properties; Staff comment: A lot consolidation plan has been provided with a Letter of Undertaking assuring that the plan will be deposited with the Land Titles Office. vi) Registration of a Restrictive Covenant for the Geotechnical Report, which addresses the suitability of the subject properties for the proposed development; Staff comment: A Geotechnica/ Restrictive Covenant has been signed and a Letter of Undertaking has been provided assuring that the Agreement will be registered as a Restrictive Covenant with the Land Titles Office. vii) Registration of a Restrictive Covenant for protecting the Visitor Parking; Staff comment: A Visitor Parking Restrictive Covenant has been signed and a Letter of Undertaking has been provided assuring that the Agreement will be registered as a Restrictive Covenant with the Land Titles Office. 2019-426-RZ Page 2 of 4 viii) Registration of a Restrictive Covenant for Stormwater Management; Staff comment: A Stormwater Management Restrictive Covenant has been signed and a Letter of Undertaking has been provided assuring that the Agreement will be registered as a Restrictive Covenant with the Land Titles Office. ix) Removal of existing buildings; Staff comment: Buildings have been demolished. x) Notification to the Department of Fisheries and Oceans and the Ministry of Environment for in-stream works on the site; Staff comment: Notification has been provided. xi) A Professional Engineer's certification that adequate water quantity for domestic and fire protection purposes can be provided; Staff comment: A Professional Engineer's certification has been provided. xii) If the Director of Waste Management from the Ministry of Environment determines that a site investigation is required based on the submitted Site Disclosure Statement, a rezoning, development, or development variance permit cannot be approved until a release is obtained for the subject properties; Staff comment: A Site Investigation was not required. xiii) In addition to the Ministry of Environment Site Disclosure Statement, a disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks on the subject properties. If so, a Stage 1 Site Investigation Report is required to ensure that the subject property is not a contaminated site; Staff comment: A disclosure statement from a Professional Engineer has been provided assuring that there was no evidence of underground storage tanks on the properties. xiv) That a Density Bonus Contribution be provided equivalent to the total number of units times $3,100.00 for a project having floor space ratio greater than 0.6, but less than 0.75; and Staff comment: A Density Bonus Contribution in the amount of $511,500.00 (165 units times $3,100.00 per unit) has been provided. xv) That a voluntary contribution be provided in keeping with the Council Policy 6.31, with regard to Community Amenity Contributions, at the rate applicable at the time this application receives third reading. Staff comment: A Community Amenity Contribution in the amount of $676,500.00 (165 units times $4,100.00 per unit) has been provided. 2019-426-RZ Page 3 of 4 CONCLUSION: As the applicant has met Council's terms and conditions, it is recommended that third and final reading be given to Official Community Plan Amending Bylaw No. 7607-2020 as amended, and final reading be given to Zone Amending Bylaw No. 7608-2020. "Original signed by Mark McMullen" for 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 -Official Community Plan Amending Bylaw No. 7607-2020 Appendix C -Official Community Plan Amending Bylaw No. 7607-2020 as amended Appendix C -Zone Amending Bylaw No. 7608-2020 Appendix D -Site Plan 2019-426-RZ Page 4 of 4 CITY OF MAPLE RIDGE BYLAW NO. 7607-2020 A Bylaw to amend the Official Community Plan Bylaw No. 7060-2014 APPENDIX B WHER_EAS 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 Schedules "A" & "C" 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. 7607-2020." 2. Schedule "A", Chapter 10.2 Albion Area Plan, Schedule 1: Albion Area Plan and "Figure 1: Northeast Albion" are hereby amended for those parcels or tracts of land and premises known and described as: Lot 1 Section 14 Township 12 New Westminster District Plan 68269 Lot A Section 14 Township 12 New Westminster District Plan 72158; Lot 52 Section 14 Township 12 New Westminster District Plan 36865; Lot 1 Section 14 Township 12 New Westminster District Plan 69242; Lot 1 Section 14 Township 12 New Westminster District Plan 72997; Lot 78 Section 14 Township 12 New Westminster District Plan 69240; and Lot 56 Section 14 Township 12 New Westminster District Plan EPP114521 and outlined in heavy black line on Map No. 1014, a copy of which is attached hereto and forms part of this bylaw, are hereby designated as shown. 3. Schedule "C" is hereby amended for those parcels or tracts of land and premises known and described as: Lot 1 Section 14 Township 12 New Westminster District Plan 68269 Lot A Section 14 Township 12 New Westminster District Plan 72158; Lot 52 Section 14 Township 12 New Westminster District Plan 36865; Lot 1 Section 14 Township 12 New Westminster District Plan 69242; Lot 1 Section 14 Township 12 New Westminster District Plan 72997; Lot 78 Section 14 Township 12 New Westminster District Plan 69240; and Lot 56 Section 14 Township 12 New Westminster District Plan EPP114521 and outlined in heavy black line on Map No. 1015, a copy of which is attached hereto and forms part of this Bylaw, is hereby amended by adding Conservation. 4. Maple Ridge Official Community Plan Bylaw No.7060-2014 is hereby amended accordingly. READ a first time the 28th day of June, 2022. READ a second time the 28th day of June 2022. PUBLIC HEARING held the 19th day of July, 2022. READ a third time the 26th day of July, 2022. ADOPTED the day of , 20 . PRESIDING MEMBER CORPORATE OFFICER CITY OF MAPLE RIDGE BYLAW NO. 7607-2020 A Bylaw to amend the Official Community Plan Bylaw No. 7060-2014 APPENDIX C 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 Schedules "A" & "C" 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. 7607-2020." 2. Schedule "A", Chapter 10.2 Albion Area Plan, Schedule 1: Albion Area Plan and "Figure 1: Northeast Albion" are hereby amended for those parcels or tracts of land and premises known and described as: Lot 1 Section 14 Township 12 New Westminster District Plan 68269 Lot A Section 14 Township 12 New Westminster District Plan 72158; Lot 52 Section 14 Township 12 New Westminster District Plan 36865; Lot 1 Section 14 Township 12 New Westminster District Plan 69242; Lot 1 Section 14 Township 12 New Westminster District Plan 72997; Lot 78 Section 14 Township 12 New Westminster District Plan 69240; and Lot 56 Section 14 Township 12 New Westminster District Plan EPP114521 and outlined in heavy black line on Map No. 1014, a copy of which is attached hereto and forms part of this bylaw, are hereby designated as shown. 3. Schedule "C" is hereby amended for those parcels or tracts of land and premises known and described as: Lot 1 Section 14 Township 12 New Westminster District Plan 68269 Lot A Section 14 Township 12 New Westminster District Plan 72158; Lot 52 Section 14 Township 12 New Westminster District Plan 36865; Lot 1 Section 14 Township 12 New Westminster District Plan 69242; Lot 1 Section 14 Township 12 New Westminster District Plan 72997; Lot 78 Section 14 Township 12 New Westminster District Plan 69240; and Lot 56 Section 14 Township 12 New Westminster District Plan EPP114521 and outlined in heavy black line on Map No. 1015, a copy of which is attached hereto and forms part of this Bylaw, is hereby amended by adding Conservation. 4. Maple Ridge Official Community Plan Bylaw No.7060-2014 is hereby amended accordingly. READ a first time the 28th day of June, 2022. READ a second time the 28th day of June 2022. PUBLIC HEARING held the 19th day of July, 2022. READ a third time as amended, the day of ADOPTED the day of ,20 PRESIDING MEMBER , 2022. CORPORATE OFFICER CITY OF MAPLE RIDGE BYLAW NO. 7608-2020 A Bylaw to amend Schedule 'A' Zoning Map forming part of Zoning Bylaw No. 7600-2019, as amended APPENDIX D WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 7600-2019, as amended; NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows: 1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7608-2020." 2. Those parcels or tracts of land and premises known and described as: Lot 1 Section 14 Township 12 New Westminster District Plan 68269 Lot A Section 14 Township 12 New Westminster District Plan 72158; Lot 52 Section 14 Township 12 New Westminster District Plan 36865 Lot 1 Section 14 Township 12 New Westminster District Plan 69242; Lot 1 Section 14 Township 12 New Westminster District Plan 72997; Lot 78 Section 14 Township 12 New Westminster District Plan 69240; and Lot 56 Section 14 Township 12 New Westminster District Plan EPP114521 and outlined in heavy black line on Map No. 1823 a copy of which is attached hereto and forms part of this Bylaw, are hereby rezoned to RM-1 (Low Density Townhouse Residential). 3. That Section 617. 7 Setbacks be amended by adding in Point 3. e. below: 3.e. for an Accessory Structure for an Indoor Amenity Area, the structure shall be set back a minimum of 7 .5m from a Principal Building or Principal Structure, if it is not attached to a Principal Building or Structure. 4. That Section 617.8 Height be amended by adding in Point 4 below and re-numbering in correct sequential order: 4. Building Height for Accessory Buildings and Accessory Structures used for an Indoor Amenity Area shall not exceed 9.5 metres. 5. Maple Ridge Zoning Bylaw No. 7600-2019, as amended, and Map 'A' attached thereto are hereby amended accordingly. READ a first time the 10th day of March, 2020. READ a second time, as amended, the 28th day of June, 2022. PUBLIC HEARING held the 19th day of July, 2022. READ a third time the 26th day of July, 2022. ADOPTED, the day of ,20 PRESIDING MEMBER CORPORATE OFFICER 1007City of Maple Ridge TO: FROM: SUBJECT: His Worship Mayor Michael Morden and Members of Council Chief Administrative Officer Final Reading Zone Amending Bylaw No. 7505-2018 21188 Wicklund Avenue EXECUTIVE SUMMARY: MEETING DATE: FILE NO: MEETING: October 25, 2022 2016-411-RZ COUNCIL Zone Amending Bylaw No. 7505-2018 to rezone the subject property, located at 21188 Wicklund Avenue (see Appendices A and 8), from RS-1 (Single Detached Residential) to R-4 (Single Detached (Infill) Urban Residential) to permit two single-family residential lots (see Appendix C), has been considered by Council and at Public Hearing and subsequently was granted third reading. The applicant has requested that final reading be granted. Council deferred first reading of the subject application at the January 24, 2017 Council meeting. Council further deferred first reading of the subject application on April 11, 2017. Council then granted first reading for Zone Amending Bylaw No. 7505-2018 on December 11, 2018 and second reading on April 14, 2020. This application was presented at Public Hearing on May 19, 2020, and Council granted third reading on May 26, 2020. It is noted the subject application is being processed under the former Zoning Bylaw No. 3510-1985, as the application received third reading prior to the adoption of the current Zoning Bylaw No. 7600-2019 on December 8, 2020. RECOMMENDATION: That Zone Amending Bylaw No. 7505-2018 be adopted. DISCUSSION: a) Background Context: On May 26, 2020 Council granted third reading to Zone Amending Bylaw No. 7505-2018 with the requirement that the following terms and conditions be addressed. 1. Approval from the Ministry of Transportation and Infrastructure; Staff comment: Approval from the Ministry of Transportation and Infrastructure was provided on April 13, 2022. 2. Registration of a Restrictive Covenant for Stormwater Management; Staff comment: A Restrictive Covenant for Stormwater Management has been submitted with a Letter of Undertaking for registration at the Land Titles Office. 2016-411-RZ Page 1 of 2 3. Registration of a Restrictive Covenant for Tree Protection; Staff comment: A Restrictive Covenant for Tree Protection has been submitted with a Letter of Undertaking for registration at the Land Titles Office. 4. Removal of existing buildings; Staff comment: The existing building will remain onsite until such time that building permits for the new residence is retained. A $20,000.00 security bond has been provided to the City by the applicant, which will be returned upon the successful demolition of the existing building on site. 5. In addition to the site profile, a disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks on the subject property. If so, a Stage 1 Site Investigation Report is required to ensure that the subject property is not a contaminated site; Staff comment: A disclosure statement, dated July 10, 2020, indicates that no underground fuel storage tanks exist on the subject property. 6. That a voluntary contribution, in the amount of $5,100.00, be provided in keeping with the Council Policy with regard to Community Amenity Contributions. Staff comment: A voluntary contribution in the amount of $5,100.00 has been provided in keeping with Council Policy 6.31. b) Additional Information: The Director of Planning had previously granted an extension to the subject application to allow more time for completion of the terms and conditions. As outlined above, the terms and conditions of the application have now been satisfied. CONCLUSION: As the applicant has met Council's terms and conditions, it is recommended that final reading be given to Zone Amending Bylaw No. 7505-2018. "Original signed by Adam Rieu" Prepared by: Adam Rieu Planner 1 "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 -Bylaw No. 7505-2018 Appendix C -Subdivision Plan 2016-411-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 2 of 2 CITY OF MAPLE RIDGE BYLAW NO. 7505-2018 APPENDIX 8 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. 7505-2018." 2. That parcel or tract of land and premises known and described as: Lot 119 District Lot 242 Group 1 New Westminster District Plan 4 7383 and outlined in heavy black line on Map No. 1779 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to R-4 (Single Detached (Infill) Urban Residential). 3. Maple Ridge Zoning Bylaw No. 3510 -1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the 11th day of December, 2018. READ a second time the 14th day of April, 2020. PUBLIC HEARING held the 19th day of May, 2020. READ a third time the 26th day of May, 2020. APPROVED by the Ministry of Transportation and Infrastructure this 13th day of April, 2022. ADOPTED, the day of ,20 PRESIDING MEMBER CORPORATE OFFICER SUBDIVISION PLAN OF LOT 119 DISTRICT LOT 242 GROUP 1 NEW WESTMINSTER DISTRICT PLAN 47383 BCGS 92G.027 0 25 50 m !"""""""..----· I The ;ntended plot size of this plan is 560 mm in width by 432 mm in height (C SIZE) when plotted ot o scale of 1: 500 Integrated Survey Area No. 36 , Maple Ridge , NAD83 {CSRS), 4.0.0.BC.1.MVRD Grid bean"ngs ore derived from observations between geodetic control monuments 84H0084 and 88H0087 and are referred to the central meridian of UTM Zone 10N. The UTM coordinates and estimated absolute accuracy achieved are derived from the MASCOT published coordinates and standard deviations for geodetic control monuments 8#10084 and 8BH0087. This plan shows horizontal ground-/eWJ/ diStances unless otherwise specified. To compute grid distances. multiply ground-level distances by the overage combined factor of 0.9996066. The average combined factor hos been determined based on geodetic control monument B#f0084. LEGEND: All Dlstances Are In Metres And Decimals Thereof @ Control Monument Found e Standard Iron Post Found O Standard Iron Post Set NF Denotes No Evidence Found Oatum: NAD83 (CSRS} 4.0.0.BC.1.MVRD UT/.I Zone 10 UTM Northing: 5452360.884 This pion lies within the j.Jrisdiction of the Approving Officer for the City Of Maple Ridge. This plan lies within the Metro Vancouver Regional District. The field survey represented by this plan was c,,mpleted on the 23rd day of August, 2021 --···---' Mike Bememann, BCLS 793 -.. -:(r-r; ;.,,·.,,,,:· UTM Easting: 526504.685 Point combined factor. 0.9996073 Estimated absolute accuracy: +/-0.014 m ~OO!!._ -/o.;~''or ~2.,oj .. - . -.. 118 50 'on 47383 p, Plan 45892 · -·{erro Pacific Land SurveW19. Ltd @/1 7 Pion 19872 8917'11" . i52226. ~~ Oatum: NAD83 (CSRS} 4.0.0.8C.1.MVRD UT/.I Zone 10 UT/.I Northing: 5452362. 779 UT/.I Easting: 526656.840 Point combined factor: 0.9996066 Estimated absolute accuracy: +/-0.014 m · -@..!!_4H0084 -'~176- ~0..;,,.;,,,j. -.. - 8917'08" 8<=> 8977'08" Lowr 8911'08· Wicklund A venue 1$91/UtJ 41.425 NF 82.365 NF NF --13.249 13.249 NF ' " §4){!] pt;(''tj}!,1k;, !!S) Flan 47383 I 6 5 I 120 121 4 / . ., "' ~---....... ~ ~ ~ ~ Plan 19872 Plan 19872 Plan 19872 ~ ~ A ~ ~ 8 ~ ~ Plan 47383 Plan 47383 ~ ~ 484.J m2 484.J m2 NF @ff) fl 8917'23" 8977'23" 8917'23" 13.248 13.248 20.721 NWS336 ,;, .•. ,:.,. ,,· .• , 22371 St. Anne Avenue,' Maple Ridge, BC T:!I: 504-46~-2509 File: MR19-307 SUB Plan EPP91933 ...._, Q) ~ en :S ~ C"! ::;i ,I )> -0 -0 rr, z 0 >< (j 1008TO: FROM: SUBJECT: City of Maple Ridge His Worship Mayor Michael Morden and Members of Council Chief Administrative Officer Final Reading Zone Amending Bylaw No. 7701-2021 MEETING DATE: FILE NO: MEETING: October 25, 2022 2020-409-RZ COUNCIL 11089 240 Street, 11101 239 Street and 11094 Buckerfield Drive EXECUTIVE SUMMARY: Zone Amending Bylaw No. 7701-2021 to permit a 19 lot subdivision of the subject properties located at 11089 240 Street, 11101 239 Street and 11094 Buckerfield Drive (see Appendix A), has been considered by Council and at Public Hearing and subsequently was granted third reading. The applicant has requested that final reading be granted. Zone Amending Bylaw No. 7701-2021 is to rezone from the RS-3 (Single Detached Rural Residential), R-1 (Single Detached (Low Density) Urban Residential) and R-2 (Single Detached (Medium Density) Urban Residential) zones to the R-1 (Single Detached (Low Density) Urban Residential) and R-2 (Single Detached (Medium Density) Urban Residential) zones (see Appendix 8). Council granted first reading for Zone Amending Bylaw No. 7701-2021 on February 9, 2021 and second reading on September 28, 2021 (see Appendices B and C). This application was presented at Public Hearing on October 19, 2021, and Council granted third reading on October 26, 2021. The purpose of the rezoning is to permit the subdivision of 19 lots not less than 315 m2 (see Appendix C). RECOMMENDATION: That Zone Amending Bylaw No. 7701-2021 be adopted. DISCUSSION: a) Background Context: Council considered this rezoning application at a Public Hearing held on October 19, 2021. On October 26, 2021 Council granted third reading to Zone Amending Bylaw No. 7701-2021 with the stipulation that the following terms and conditions be addressed: i) Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of a security, as outlined in the Agreement; Staff comment: A Covenant for the Rezoning Servicing Agreement is being registered as part of the final Subdivision, with a Jetter of undertaking from the applicant's solicitor. 2020-409-RZ Page 1 of 3 ii) Road dedication on Buckerfield Drive and Harris Drive as required; Staff comment: A road dedication plan has been submitted, along with a letter of undertaking from the applicant's solicitor. iii) Registration of a Restrictive Covenant for the Geotechnical Report, which addresses the suitability of the subject properties for the proposed development; Staff comment: A Covenant for the Geotechnical Report has been provided, which is being registered with a letter of undertaking from the applicant's solicitor. iv) Registration of a Restrictive Covenant for slope protection on proposed Lots 1 and 2; Staff comment: Upon further review, the Building Department has determined that a slope protection covenant is no longer required. v) Registration of a Restrictive Covenant for Stormwater Management; Staff comment: A Covenant for the Stormwater Management Plan has been provided, which is being registered with a letter of undertaking from the applicant's solicitor. vi) Discharge of Restrictive Covenant for No Build Area for future subdivision and servicing on the property located at 11101 239 Street; Staff comment: For 11101 239 Street, the No Build Covenant will remain in place until registration of the documents under items i, iii and v is undertaken for the subdivision of this property. vii) Discharge of Statutory Right-of-Way for temporary turnaround over the property located at 11089 240 Street; Staff comment: A Discharge for the Statutory Right-of-Way has been provided, which is being registered with a letter of undertaking from the applicant's solicitor. viii) In addition to the site profile, a disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks on the subject properties. If so, a Stage 1 Site Investigation Report is required to ensure that the subject property is not a contaminated site; and Staff comment: A Phase I Environmental Site Assessment has been provided that confirms that there is no evidence of underground fuel storage tanks on the subject properties. ix) That a voluntary contribution, in the amount of $5,100.00 per lot be provided in keeping with the Council Policy with regard to Community Amenity Contributions. Staff comment: The applicant has paid all applicable Community Amenity Contribution fees, in the amount of $96,900.00. 2020-409-RZ Page 2 of 3 CONCLUSION: As the applicant has met Council's terms and conditions, it is recommended that final reading be given to Zone Amending Bylaw No. 7701-2021. "Original signed by Rene Tardif" Prepared by: Rene Tardif Planner 1 "Original signed by Mark McMullen" for Reviewed by: Charles R. Goddard, BA, MA Director of Planning "Original signed by Christine Carter" Approved by: Christine Carter, M.PL, MCIP, RPP GM Planning & Development Services "Original signed by Scott Hartman" Concurrence: Scott Hartman Chief Administrative Officer The following appendices are attached hereto: Appendix A -Subject Map Appendix B -Zone Amending Bylaw No. 7701-2021 Appendix C -Subdivision Plan 2020-409-RZ Page 3 of 3 CITY OF MAPLE RIDGE BYLAW NO. 7701-2021 A Bylaw to amend Schedule "A" Zoning Bylaw Map forming part of Zoning Bylaw No. 7600-2019 as amended APPENDIX B 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. 7701-2021." 2. Those parcels or tracts of land and premises known and described as: Lot 3 District Lot 404 Group 1 New Westminster District Plan BCP46902 Lot 62 District Lot 404 Group 1 New Westminster District Plan EPP32520 Lot A District Lot 404 Group 1 New Westminster District Plan EPP48959 and outlined in heavy black line on Map No. 1860 a copy of which is attached hereto and forms part of this Bylaw, are hereby rezoned to R-1 (Single Detached (Low Density) Urban Residential) and R-2 (Single Detached (Medium 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 9th day of February, 2021. READ a second time the 28th day of September, 2021. PUBLIC HEARING held the 19th day of October, 2021. READ a third time the 26th day of October, 2021. ADOPTED, the day of , 20 PRESIDING MEMBER CORPORATE OFFICER 1009TO: FROM: SUBJECT: City of Maple Ridge His Worship Mayor Michael Morden and Members of Council Chief Administrative Officer Final Reading MEETING DATE: FILE NO: MEETING: Housing Agreement Discharge Bylaw No. 7876-2022 Housing Agreement Bylaw No. 7877-2022 23004 Dewdney Trunk Road EXECUTIVE SUMMARY: October 25, 2022 2021-564-DP COUNCIL Housing Agreement Discharge Bylaw No. 7876-2022 and Housing Agreement Bylaw No. 7877-2022 were given first, second, and third reading by Council on October 11, 2022. Council expressed a concern around having a pharmacy at the subject property's location, at 23004 Dewdney Trunk Road (see Appendix A), and have therefore requested a restrictive covenant to restrict the commercial use of a pharmacy at this location. The applicant has agreed to registering this covenant on Title. RECOMMENDATIONS: 1. That Housing Agreement Discharge Bylaw No. 7876-2022, to discharge the previous Housing Agreement Bylaw No. 7345-2017, be given final reading; and further 2. That Housing Agreement Bylaw No. 7877-2022 be given final reading. DISCUSSION: a) Background Context: Housing Agreement Discharge Bylaw No. 7876-2022 (see Appendix B) 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 C) is required to enter into a new Housing Agreement for the five rental units which will be provided with the new development proposal. Council considered these bylaws for first, second, and third readings on October 11, 2022 and will be considering the Commercial Development Permit for this development under a separate report. 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 should be noted that a restrictive covenant prohibiting pharmacy use will be registered with the Development Permit as requested by Council. 2021-564-DP Page 1 of 2 Additional Information: Zone Amending Bylaw No. 7790-2021 was adopted on April 26, 2022, which restricted the Pharmacy use to locations outside of the Town Centre area to be a minimum distance of at least 400m away from another pharmacy use. There is not a pharmacy within 400m of the subject property. Council has requested to restrict the pharmacy use at this location through a restrictive covenant. CONCLUSION: As the applicant has agreed to meet Council's condition of restricting the use of a pharmacy, it is recommended that final reading be given to Housing Agreement Discharge Bylaw No. 7876-2022 and 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 -Housing Agreement Discharge Bylaw No. 7876-2022 Appendix C -Housing Agreement Bylaw No. 7877-2022 2021-564-DP Page 2 of 2 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 B 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 11th day of October, 2022. READ a second time the 11th day of October, 2022. READ a third time the 11th day of October, 2022. ADOPTED the day of ,20 PRESIDING MEMBER CORPORATE OFFICER ) ' ) Schedule A Part of Bylaw No. 7345-2017 HOUSING AGREEMENT (2016-3 52-RZ) THIS AGREEMENT IS DATED the '"J..i. day of SEPTEMBER, 2017. BETWEEN: WASTI HOLDINGS LTD. (Inc. No. BC0940933) of 12932 Alouette Road, Maple Ridge, BC, V4R 1R8 (hereinafter called the "Covenantor") OF THE FIRST PART AND: THE CITY OF MAPLE RlDGE 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 PLANNWP87590; 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 constrncted 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 ovvnership 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 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 - 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 Covenant,0r 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__k of ~et1l,g·~, 2017 WASTI HOLDINGS LTD. (Inc. No. BC0940933) By its authorized signatory: / A'il~ A~-,l,) ~C/~ 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 APPENDIXC 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 11th day of October, 2022. READ a second time the 11th day of October, 2022. READ a third time the 11th day of October, 2022. ADOPTED the day of ,20 PRESIDING MEMBER CORPORATE OFFICER DocuSign Envelope ID: BB053DC9-0F9A-4DE8-8f'-"-A7 A640EE9F7B TERMS OF1NSTRiJMENT-PART2 RENTAL HOUSING AGREEMENT THIS AGREEMENT, dated for reference thef-6 day of September _2022, BETWEEN: 1321049 BC LTD 2711 Lynbrook Drive Vancouver BC Canada V5S 2C2 AND: (the "Owner") TBECITYOFMAPLERIDGE 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 fonn of tenure of housing units, availability of such units to classes of identified person, administration and management of such units and the rent that may be charged for such units. E. Section 219 of the Land Title Act permits registration of a covenant in favmrr of a municipality in respect of the use of land or the use of a building on or to be erected on land and that land is or is not to be built on except in accordance with this Agreement. NOW THEREFORE in consideration of the sum of Ten Dollars ($10.00) now paid by the City to the Owner and for other good and valuable consideration (the receipt and sufficiency of which the Owner hereby acknowledges), the Owner and the City covenant each with the other as follows: 1. DEFINITIONS a) "Act" means the Local Government Act, RSBC. 2015 c.1 as amended from time to time; b) "Agreement" means this agreement as amended from time to time; c) "Commencement Date" has the meaning set out in section 2.1 herein; d) "Council" means the municipal council for the City; e) "Director of Planning" means the chief administrator of the Department of Planning of the City and his or her successors in function and their respective nominees; f) "Dwelling Unit" means a dwelling unit as defined in the City's Zoning Bylaw No. 7600-2019 as amended from time to time; DocuSign Envelope ID: BBD53DC9-0F9A-4DE8-~".,..'"'-A7 A640EE9F78 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; 1) "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 tenns and conditions of this Agreement and that: a. the Lands shall not be subdivided except as pennitted 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-4DE8-8''-"'-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 fmther covenants and agrees with the City that the Lands and any buildings or structure constructed 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 Information Protection Act ( as amended from time to time) the Owner will, at Business License renewal or upon request by the City, supply to the City copies of any documentation in possession of the Owner necessary to establish compliance with the Owner's obligations under this Agreement. 6. DEFAULT AND REMEDIES 6.1 The City may, acting reasonably, give to the Owner a written notice (in this section 6.1, the "Notice") requiring the Owner to cure a default under this Agreement within 30 days of receipt of the Notice. The Notice must specify the nature of the default. The Owner must act with diligence to correct the default within the time specified. 6.2 The Owner will pay to the City on demand by the City all the City's costs of exercising its rights or remedies under this Agreement, on a full indemnity basis. 6.3 The Owner aclmowledges 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 hmm 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-4DE8-8r-'A7 A640EE9F7B 6.5 The Owner acknowledges and agrees that it is ente1ing into this Agreement to benefit the public interest in providing housing for Rental Purposes, and that the City's rights and remedies under this Agreement are necessary to ensure that this purpose is carried out and that the City's rights and remedies under this Agreement are fair and reasonable and ought not to be construed as a penalty or forfeiture. 6.6 No reference to nor exercise of any specific right or remedy under this Agreement or at law or at equity by any party will prejudice, limit or preclude that party from exercising any other right or remedy. No right or remedy will be exclusive or dependent upon any other right or remedy, but any party, from time to time, may exercise any one or more of such rights or remedies independently, successively, or in combination. The Owner acknowledges that specific peifonnance, 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 othe1wise, connec~ed 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: BBD53DC9-0F9A-4DE8-8r-"'.A7A640EE9F7B 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 Owne1~ occupier or user of the Lands or any portion 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 part 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 ifit is an express waiver of the breach in writing. No waiver ofa 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 expiry 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 transmitted; and if made by personal service, upon personal service being effected. Any party, from time to time, by notice in writing served upon the other parties, DocuSign Envelope ID: BBD53DC9-0F9A-4DE8-8r'-",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 This Agreement will enure to the benefit of and be binding upon each of the parties and their successors and permitted assigns. 9. INTERPRETATION 9 .1 Gender specific terms include both genders and include corporations. Words in the singular include the plural, and words in the plural include the singular: 9 .2 The division of this Agreement into sections and tht:f use' of headings are for convenience of reference only and are not intended to govern, limit or aid in the co~stfuction 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 Agry,~)Jlent and by bylaw, such amendment to be effective only upon adoption by City Council of an amending byffW to "Housing Agreement Bylaw No. 7877-2022". 9.7 This Agreement is to be governed by and constmed and enforced in accordance with the laws ofB1itish Columbia. 9.8 This Agreement can be signed in counterpmt. DocuSign Envelope ID: BBD53DC9-0F9A-4DE8-8"-"-A7A640EE9F7B 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: r~~ iffli3ffl~1i4mgnatory Authorized Signatory DocuSign Envelope ID: BBD53DC9-0F9A-4DE8-8r-" -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 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 Fo1m C above which is attached hereto and forms part of this Agreement. DocuSign Envelope ID: BBD53DC9-0F9A-4DE8-8r-~ A? A640EE9F7B CONSENT AND PRIORITY AGREEMENT W H E R E A S (the "Chargeholder") is the holder ofa 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 the 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 Fonn C above which is attached hereto and forms part of this. Agreement. 1100 COMMITTEE REPORTS AND RECOMMENDATIONS 1101 East: Use: Zone: Designation: West: Use: Zone: Designation: Vacant RS-2 (Single Detached Suburban Residential) and RS-3 (Single Detached Rural Residential) Agricultural (not in the ALR) Single-Family Residential RS-3 (Single Detached Rural Residential) Agricultural (not in the ALR) Existing Use of Property: Single-Family Residential and Agricultural Single-Family Residential and Agricultural and future Industrial, pending the adoption of the Yennadon Area Plan Proposed Use of Property: Site Area: 1.6 ha (4 acres) 128 Avenue Access: 2. Project Description: The subject application is proposing to remove the subject property, located at 23154 128 Avenue (see Appendices A and B), from the ALR. The subject property is located just west of the intersection of 232 Street and 128 Avenue and is identified as one of thirteen properties that make up the boundaries of the proposed Yennadon Area Plan, also known as the Yennadon Lands (see Appendix C). The subject property is the only remaining parcel of the Yennadon Lands still left within the ALR. The subject property is outside the City's Urban Area Boundary and currently outside of the Regional Metro Vancouver Urban Containment Boundary. Should the subject Exclusion Application be approved through both Council and the Agricultural Land Commission (ALC), it could then align with the other twelve properties within the Yennadon Lands, in terms of the remaining City and Regional level processes and approvals still required as part of the larger Yennadon Area Plan process. The subject property is currently being used for agricultural purposes, including the raising of chickens for egg production, as well as livestock. There is a residential use on the subject property, with the property owners residing at this location for over 45 years. It is noted that a combined Telus, Rogers and Freedom Mobile cellular tower is also located on the subject property. 3. Planning Analysis: i. Remnant Parcels in the Agricultural Land Reserve In 2011, the ALC recognized certain properties within the City as appropriate for exclusion, under ALC Resolution 2635/2011, which are identified as 'remnant parcels' (see Appendix D). The identification of these properties for exclusion stems from the Commission's interest in maintaining an ALR that accurately reflects agricultural capability and suitability of properties contained within it, as well as consideration for those properties that may be identified as unsuitable for agriculture. There were opportunities to exclude these remnant parcels as a larger group application, or on an individual exclusion application basis, with the latter applying to the subject property. 2022-170-AL Page 2 of 5 ii. Processing Applications for Exclusion from the Agricultural Land Reserve On November 10, 2020, a report for processing exclusion applications, titled 'Bill 15 Changes to the Agricultural Land Commissions Act', was received by Council outlining the Local Government's new role in processing applications for exclusion from the ALR (see Appendix E). This new process eliminates the option for landowner Exclusion Applications, and instead, requires the Local Government to assume the role as the applicant. The November 10, 2020 staff report outlined three recommendations for Council consideration that were subsequently moved and seconded, as outlined below: R/2020-442 Moved and Seconded: 1. That staff prepare an amendment to Fees & Charges Bylaw No. 7575-2019 to establish a fee for exclusion applications; and 2. That staff prepare a Council Policy for the Processing of Applications for Exclusion from the Agricultural Land Reserve; and further 3. That as an interim measure until the above noted Council Policy is endorsed, applications for exclusion for remnant parcels, properties within a Council-endorsed area planning process, or other policy-based criteria, will be evaluated and based on merits may be forwarded to the Agricultural Land Commission. As this is the first exclusion application to be received since the recent process changes have been implemented, item 3 above (interim measure) is applicable and will be applied to the subject application, until such time that items 1 and 2 are addressed through a future Council-approved process. It is noted that these items, 1 and 2, are on the workplan, however, the focus to date has been on Council's Strategic Priority Areas. As part of this new exclusion process, and should Council support the subject Exclusion Application at this Committee of the Whole meeting and subsequent Council meeting, the application would then proceed to Public Hearing, followed by consideration at the next available Council meeting. iii. Official Community Plan The concept for the Yennadon Area Plan is to permit future employment uses. The intent for the Yennadon Lands and the surrounding area, is to create a complete neighbourhood where residents and business owners can live, work and play within a short walk or bicycle ride of their residence. The employment area is intended to be smaller and scaled to fit with the surrounding neighbourhood, offering the potential for a variety of smaller-scaled buildings with limited heights and sizes. A copy of the Council report, titled: Employment Lands: Re-designation of the Yennadon Lands to Industrial (Employment Park Category), which received second reading on April 12, 2022, is attached (see Appendix F). 4. Interdepartmental Implications: i. Environment: Records indicate the presenGe of some water features in the area, including headwater features such as ponds, wetlands, and channels that might contribute to the Coho Creek system (see Appendices G and H). Appendices G and H are high level preliminary site context maps that require further field verification from a Qualified Environmental 2022-170-AL Page 3 of 5 Professional with some experience around wetland assessments. A Watercourse Protection Development Permit application would be required for future development of the subject site. It is also noted, from an environmental perspective, that a future Rezoning of this site may require potential dedication of Conservation areas to the City. This may reduce the potential parent parcel size, in terms of developable area. Furthermore, exclusion of the subject property from ALR also indicates future development should be required to coordinate and integrate water protection and management concerns with the larger Yennadon Area Plan, with ongoing discussions about integrated water protection and management concerns on site with the assistance of senior environmental agencies and the City of Maple Ridge. ii. Engineering: Comments on development would be provided at a future Rezoning stage, should the Yennadon Area Plan be adopted. 5. Intergovernmental Implications: i. Metro Vancouver: The subject property is outside of the Region's Urban Containment Boundary (UCB), and as such, will require a land use designation change at the Metro Vancouver level, as part of the larger Yennadon Area Plan process. It is noted that the surrounding properties, including those within the Yennadon lands to the west and south, are already included in the regional UCB. As Metro Vancouver is currently undertaking a review of the Regional Growth Strategy, Metro 2050, any minor amendments will be held until this regional planning process has been complete. Staff review of the Regional Growth Strategy suggest the UCB amendment is in alignment with regional goals. An application is also required by the City to the Greater Vancouver Sewerage & Drainage District Board, as part of the Yennadon Area Plan process, to achieve regional approval to include the Yennadon Lands within the Fraser Sewerage Area. Should the property be excluded from the ALR, the City can proceed with the applicable bylaws through the regional designation process required by Metro Vancouver, in order to facilitate servicing and future employment uses at the subject property. ii. Agricultural Land Commission: Since 2004, the ALC has permitted twelve of the thirteen Yennadon Land properties to be removed from the ALR. This was a voluntary process, so only those property owners that chose to participate went through the exclusion process. The subject property did not go through this exclusion process at that time, and as such, is the subject of the current exclusion application. The subject application must first receive Council approval, at which point the application would be forwarded to the ALC for their required approval process. 6. Alternatives: The recommendation is to forward this application to the ALC for consideration. Should the proposed Exclusion Application not be supported, Council may elect to deny forwarding this application to the ALC, in which case it will be considered closed and the application will not proceed further. 2022-170-AL Page 4 of 5 CONCLUSION: The subject property is one of thirteen parcels within the Yennadon Area Plan and is the last remaining property within the Yennadon Lands still left in the ALR. The subject property has been identified as appropriate for exclusion from the ALR, as per ALC Resolution 2635/2011. Approval of the subject Exclusion Application would allow staff to continue with the regional approvals required at the Metro Vancouver level, for the remaining Yennadon Area Planning process. It is therefore recommended that Council forward the subject application to the ALC for consideration. Prepared by: Adam Rieu Planner 1 "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 uOriginal 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 -Yennadon Area Plan (Yennadon Lands) Properties Appendix D -Remnant Parcels in the ALR Appendix E -Bill 15 Changes to the Agricultural Land Commissions Act, Council Workshop Staff Report dated November 10, 2020 Appendix F -Employment Lands: Re-designation of the Yennadon Lands to Industrial (Employment Park Category), Second Reading Report dated April 5, 2022* *Link to full version of the report Appendix G Yennadon Environment Preliminary Context Map Appendix H -Environmental Sensitive Areas Map 2022-170-AL Page 5 of 5 APPENDIX E 1~•-City of Maple Ridge TO: mapleridge .. ca His Worship Mayor Michael Morden and Members of Council MEETING DATE: November 10, 2020 FROM: Chief Administrative Officer MEETING: Workshop SUBJECT: Bill 15 Changes to the Agricultural Land Commission Act EXECUTIVE SUMMARY: On June 26, 2020 the Ministry of Agriculture introduced changes to properties within the Agricultural Land Reserve (ALR). These legislative changes, known as Bill 15, came into effect on September 30, 2020 and will affect application fees, soil removal, fill placement, and application processes. A number of benefits are proposed for farm operators and for local governments. Farm operators may benefit from reductions in application fees. Local governments may benefit from receiving a greater portion of the application fee as outlined by the Agricultural Land Commission (ALC) fee schedule. Likely the most noteworthy of these changes is the elimination of the option for land owner exclusion applications. This change could involve policy, financial and legal implications for local governments as they consider how to address landowner requests to exclude their land from the ALR. This report will discuss these ALC changes, and the impacts for local governments with land in the ALR. With a specific focus on the City of Maple Ridge context, including its exclusion application history, recommendations are provided for Council consideration. RECOMMENDATION: 1. That staff prepare an amendment to Fees & Charges Bylaw No. 7575-2019 to establish a fee for exclusion applications; and, 2. That staff prepare a Council Policy for the Processing of Applications for Exclusion from the Agricultural land Reserve; and further, 3. That as an interim measure until the above noted Council Policy is endorsed, applications for exclusion for remnant parcels, properties within a Council-endorsed area planning process or other policy based criteria will be evaluated and based on merits may be forwarded to the Agricultural Land Commission. DISCUSSION: a) Background Context: The recent changes to ALC regulations will affect the following: 1. The placement of fill and the removal of soil. 2. The ability to place remediation orders on title. 3. Application fees and the portion received by local governments. 4. Landowner applications for exclusion from the ALR (eliminated). 2588622 Page 1 of 8 These changes are discussed further below: i. The placement of fill and the removal of soil: These regulatory changes specifically pertain to the placement of fill or removal of soil for farm roads. The previous regulations had a threshold fill volume of 50 cubic metres or less, regardless of variables such as farm size or road length. The new regulations recognize these variables by establishing a 50 cubic metre threshold per 100 metres of road length. In addition, asphalt and recycled concrete were prohibited materials for road maintenance. The new regulations allow the use of recycled concrete aggregate and recycled asphalt pavement as fill for roads and parking areas in the ALR, provided that these materials are crushed or screened to be no larger that 1.9 centimeters (0.75 inches) in diameter. ii. The ability to place remediation orders on title. The CEO of the ALC has been given the authority to register a remediation notice on a property's certificate of title as an advisory to potential purchasers. This measure will help to inform prospective purchasers of ALC requirements on specific properties prior to the transfer of title. iii. Application fees and the portion received by local government. The changes in application fees in effect are outlined in Tables 1 and 2 below. Table 1 Previous Fees Fees until September 29, 2020 Local Government ALC portion Total Portion Non-Adhering Residential Use Soil Rem ova I or Fill $300.00 $1,200.00 $1,500.00 Placement Non-Farm Use Subdivision Exclusion No fee will be assigned to Inclusion Applications. The costs for Non-Adhering Residential Use applications are significantly reduced, from $1500.00 to $900.00. In addition, the local government portion of the fee will increase, from 20% to 50%. Although the application fee is reduced, the local government will receive more money, from $300.00 to $450.00. This 50% cost sharing will also apply to Fill, Non-Farm Use, Subdivision, and specific (Prescribed Body) Exclusion applications. In these cases, the fee remains the same, but the local government portion will increase from $300.00 to $750.00. Table 2 New Fees New Rates (in effect Local Government ALC portion Total September 30, 2020) Portion Non-Adhering Residential Use $450.00 $450.00 $900.00 Soil Removal or Fill Placement Non-farm Use $750.00 $750.00 $1,500.00 Subdivision Exclusion (Prescribed Body) Local Govt Initiated Exclusion $750.00 $750.00 2588622 Page 2 of 8 .I iv. landowner applications for exclusion from the ALR (eliminated) As demonstrated by the fee schedules above, these new regulations recognize two types of exclusion applications, including (1) Prescribed Body and (2) Local Government initiated Exclusion applications. Prescribed Body applications are generated from government organizations. These include Regional Health Boards, Educational Bodies, Improvement Districts, BC Transit Corporation, BC Housing Management Commission, BC Hydro and Power Authority, South Coast BC Transportation Authority, BC Transportation Financing Authority, and the Columbia Power Corporation. All other exclusion applications are considered to be Local Government initiated exclusion applications, which, based on application history, would pertain to virtually all exclusion applications processed within the City of Maple Ridge. Both types of applications require notification, a public hearing, and the posting of a sign on the property under application. The Local Government initiated application sends the application and public hearing details directly to the Agricultural Land Commission. The Prescribed Body application submits the application on the ALC portal, but the application is first reviewed by the affected local government, who then pass a resolution about whether or not to forward the application to the ALC. The ALC online portal for submitting exclusion applications has been removed for private landowners as of September 30, 2020. The only option for private landowners to have their land excluded is through the Local Government initiated application process. Under this process, Local Governments (including Maple Ridge) must pay the $750.00 exclusion application fee. No provision yet exists under the ALC Act for application costs (including notification, signage, and processing) to be recovered from the interested landowners. Processing of Applications for Exclusion from the Agricultural Land Reserve Regardless of how local governments review exclusion requests and submit exclusion applications, in the decision making process, the ALC will continue to uphold its mandate to preserve ALR land, and encourage farming of ALR lands. Local Governments will continue to have the authority to determine how exclusion requests are dealt with from private landowners and to make decisions on whether or not to forward the prescribed body exclusion request application to the ALC. The ALC suggests that local governments develop a process for receiving exclusion requests from private landowners. Under the ALC Act, there is no blanket authority to charge fees for any service rendered. However, legal counsel for the City of Maple Ridge confirms that such a fee can be implemented. The ALC identifies three potential options for local governments to consider for ALR exclusion applications: 1. Council could accept all private landowner requests. 2. Council could develop criteria for considering forwarding exclusion applications to the ALC. 3. Council could consider exclusion applications as part of an area planning or Bylaw. Review Process, and prohibit exclusion applications that are outside of the planning area. The ALC also suggested strategies such as grouping several properties into one exclusion application request, and to consider the attributes of each parcel under application (its percentage within the ALR, its location, and its agricultural capability) 2588622 Page 3 of 8 Local Government Initiated Application -Responsibilities The ALC has clarified the new process for exclusion applications. Local Government initiated exclusion applications will proceed in a series of seven steps, outlined by the ALC as follows: 111 STEP 1: Local Government fills out the application. This must be undertaken online through the ALC Application Portal. • STEP 2: Local Government gives notice of the application. Giving notice includes posting a sign that meets ALC guidelines, scheduling a public hearing, advertising the public hearing in two issues of a local newspaper, and notifying affected local or first nations governments. • STEP 3: Local Government holds the public hearing. The public hearing must give all attendees the opportunity to speak. • STEP 4: Local Government passes a resolution on the application. • STEP 5: Local Government submits the application to the ALC. • STEP 6: Local Government pays the $750.00 ALC application fee. • STEP 7: ALC holds the exclusion meeting to consider the application. Many of the steps outlined above are similar to the previous system of landowner applications. What has changed, however, is the responsibility given to local governments in processing these applications, through notification and advertising requirements, in hosting a public hearing, and the payment to the ALC. There are costs associated with these responsibilities. As noted, legal counsel indicates that the City of Maple Ridge could establish an application fee for these services. What is needed is a reasonable estimation of these costs in order to establish a fee schedule. RECOMMENDED ACTIONS: Although many of the application fees described in this report will transfer more funds to local governments, exclusion applications are the exception. Based on charyges to the ALC resulting from Bill 15, staff recommend the adoption of a fee schedule for the processing of landowner exclusion applications. a) Exclusion Application Fees The estimated costs of a Local Government initiated application are as follows: $1200.00 Public notification (includes advertising, staff costs) Posting of sign Staff report (research and preparation) ALCfee (landowner's responsibility) $3000.00 $750.00 Total $4950.00 Based on the above calculations, the estimated municipal costs for each exclusion application would be in the range of $4,950.00. Notification costs that were previously paid for by property owners will now be assumed by the Municipality for the public hearing. For practical considerations, the recommended process is that the landowner pays the cost of signage. It is difficult to assess a cost for posting signs as there is a range of possibilities that can affect signage requirements, such as 2588622 Page 4 of 8 multiple properties under group applications. In addition, there are a few companies that already provide this service to applicants in other development process applications. b) Alternative Action: Status Quo, no new fees: As noted above, the revised process brought on by Bill 15 will result in additional costs to the local government for landowner exclusion applications. In order to recover these costs, it is recommended that staff be directed to prepare an amendment to Fees & Charges Bylaw No. 7575-2019 to establish a fee for exclusion applications. In the absence of a revised fee schedule, these additional costs will covered by general revenues. Without an application fee, there is no financial disincentive for property owners not to seel~ the exclusion of their properties. These applications would in effect be subsidized by Maple Ridge taxpayers. c) Processing of Applications Staff suggest that the proposed application process would proceed in two stages for the City of Maple Ridge. The first step would introduce the application to Council, through the staff report. The second step would be triggered by the Council decision of whether or not to forward the application to the ALC. The expectation is that signs would be posted before the proposal is considered by Council, in order to provide an opportunity for public input. If Council concurs with the recommended process, the applicant will be responsible for the signage portion of the notification. Other notification costs will only be triggered if Council decides to forward the application to the ALC for their consideration. The ALC will require notification, newspaper advertisements, and a public hearing, but those steps in the ALC process need only occur after Council has made a decision to forward the application to the ALC. For this reason, some of these funds could be refunded to the applicant, should Council deny the application from proceeding. Drafting the staff report will require background research and interdepartmental referrals. Maple Ridge policy documents, such as the Official Community Plan, and the Agricultural Plan will be used to establish a policy context for reviewing the application. The Engineering Department will need to assess the logistics of servicing a proposed development that exceeds the infrastructure requirements normally associated with agricultural land. The questions that the staff report will address will include the following: • What is the ALC process required in order to realize the development under application? • What are the community benefits to be attained with the development proposal, and is the exclusion justified, based on community need? • Is there an employment benefit? • How does the proposal align with the strategic direction established for Maple Ridge? • How likely is the application to succeed? The mandates of the ALC and Metro Vancouver, to protect agricultural land, and to meet growth management objectives will also need to be considered in the staff report to Council. Maple Ridge Application History In order to more fully estimate what these changes will mean for individual property owners, it is useful to review the recent history of applications for exclusion in the ALR. It is important to recognize that with few exceptions, the current ALR boundaries are likely to remain. This point was made clear with 2588622 Page 5 of 8 a number of policy documents commissioned by the City of Maple Ridge, including the Commercial and Industrial Strategy, which was endorsed by Council in 2014. The ALC confirmed to the project team that lands in the ALR should not be considered feasible for conversion to industrial uses. However, the ALC has also identified some lands for exclusion. An important dynamic in recent exclusion history is the ALC identified "remnant parcels". In 2011, the Agricultural Land Commission identified certain properties within the City as appropriate for exclusion under ALC Resolution 2635/2011, made on October 27, 2011 (Map is attached as Appendix 8). This resolution invited the City to submit a local government application for exclusion for these remnant areas "identified by the Commission as being unsuitable for agriculture". The identification of these properties for exclusion stems from the Commission's interest in maintaining an Agricultural Land Reserve that accurately reflects agricultural capability and suitability of properties contained within it. Some of the properties identified as remnant parcels are within the Urban Area Boundary and have been developed for urban uses. Other properties are outside of the urban area but are considered unsuitable for agriculture due to site conditions. The expectation of the ALC was that these parcels would be excluded as a group application along with the exclusion of the Albion Flats, but the ALC also supported individual applications. In advance of this group exclusion, several of these properties have been advanced for exclusion as separate applications. Table 3 below summarizes the outcomes of the last five years of exclusion applications in Maple Ridge. Although Council denied some of these applications from being forwarded, the ALC has denied all exclusion applications for parcels that were not remnant parcels, as previously identified. Table 3. Five Year Exclusion Application History Ref# Outcome Application # and Address Remnant Parcel 1. Denied by ALC 2019-183-AL-12176 237 St. No 2. Denied by ALC 2019-072-AL -12225 250 St. No 3. File Closed 2018-502-Al-11761 250 St. No 4. Deferred 2018-323-Al -23623 Jim No Robson Way .. 5. Approved 2018-310-AL-25336 112 Ave . Yes -6. Denied by ALC 2018-209-AL-20370 132 Ave. No 7. Denied by Council 2018-156-AL -22080/18 128 No Ave.flat 149 NWP65767 8. Approved 2018-012-AL -23795 Yes Dewdney Trunk Rd 9. Denied by Council 2018-071-AL-12225 250 St. No 10. Approved 2017-574-AL-12791 232 St. Yes 11. Approved 2017-568-AL -25237 112 Ave. Yes 12. Denied by ALC 2017-198-Al-21587 128 Ave. No, but less than 2 acres 13. Denied by Council 2017-046-AL -12301 237 St. No 14. Denied by Council 2016-456-AL -9881 280 St. No 15. Denied by Council 2016-299-AL -12176 237 St. No 16. Approved by ALC 2016-298-AL -12102 237 St. Yes 17. Denied by Council 2016-082-AL {no civic address) No The only successful applications in recent history have been for remnant properties that were previously indicated for exclusion by the ALC. In addition to the remnant properties, the ALC recognizes 2588622 Page 6 of 8 . -, ·-· ~.-...... ~ .. -.,4...-.-.... •,•: . . ·-.... "\, .... · - . -that the Albion Flats Area Planning process will involve further exclusion applications. As these applications would likely succeed, there is a· need for an interim policy to ensure that the processing of exclusion applications for these previously indicated properties would continue. An alternative approach, to consider each application on its own merits is not recommended due to the limited prospect for success. Summary of Recommendations The above section suggests that exclusion applications are usually denied, unless the property has been previously identified as unsuitable for agriculture by the ALC. Previously, application costs provided a financial disincentive for property owners, as success was unlikely. These new regulations have eliminated these costs and disincentives. In light of these circumstances, the following three recommendations are provided for Council consideration: 1. Develop application fees for reviewing and forwarding exclusion applications, similar to other land development applications, such as rezoning. These fees should be a reasonable reflection of the staff hours and other related costs in application processing. 2. Develop criteria for reviewing requests for exclusion using available resources and expertise to advance this work. The Official Community Plan contain·s policies for agriculture, for employment generating lands, and for growth management which could be used to develop this criteria. The Agricultural Plan outlines supportive agricultural measures, and also refers to compensatory measures to benefit agriculture should conversion of agricultural lands be contemplated. As a knowledgeable citizen's advisory body, the Maple Ridge Agricultural Advisory Committee could assist in reviewing potential criteria for this purpose. In the interim, Council could consider the merits of each application separately. 3. As an interim measure, until the above noted Council Policy is endorsed, applications for exclusion will be evaluated and forwarded for "remnant parcels", for properties within a Council endorsed Area Planning process, or other policy based criteria. The remnant parcels are identified on Appendix B. Council may wish to consider advancing these applications as a group application, and not on a parcel by parcel basis. This approach is recommended as an interim measure in recognition of previous ALC decisions and to ensure that applications being forwarded are supportable and respectful of the Commission's time. As a Council endorsed Area Planning process, it is noted that Albion Flats discussions are ongoing and a Block Exclusion Application for this area could commence outside of the interim policy. Other pertinent Maple Ridge policy documents include the Official Community Plan, the Agricultural Plan, and the Commercial and Industrial Strategy. Subject to Council review, the policies of these documents may form the basis of support for specific development proposals that may justify the removal of lands from the Agricultural Land Reserve. Desired Outcome The goal of this report is to provide for Council consideration a response to ALC changes to the exclusion application process. d} Citizen/Customer Implications The changes to fill and soil removal for road construction within the ALR are directly related to the needs offarming operations. The ability to place notices on title will avoid situations where purchasers of land have unknowingly purchased land with ALC remediation orders. The changes in application fees will cost less for the applicant and/or increase the local government portion of fees. 2588622 Page 7 of 8 The elimination of the ALR exclusion application by land owner option is contentious, and has been criticized by some property owners. However, property owners were previously required first to seek the approval of the local government, which has always had the authority to deny forwarding the application to the ALC. Nevertheless, because more of the exclusion application process is now assumed by local governments, landowners may benefit from a clearer process, with potential applicant cost savings, particularly if consultant services would otherwise have been used to advance the application with the ALC. e) Interdepartmental Implications The exclusion application process now in effect involves additional responsibilities for the local government, through notification requirements, the public hearing process, and the remittances of fees. The Legislative Services Department will likely be required to assume many of these responsibilities, in addition to the Planning Department. f) Financial Implications Some of the changes in application fees will increase the amount of money the City of Maple Ridge receives. The exception is the landowner application fees, which have been eliminated. For this reason, Councfl is advised to consider options for cost recovery by introducing a new application fee for this purpose, as outlined earlier in this report. CONCLUSION: This discussion of the changes to the ALC regulations and fee structure is presented for Council's information. Council's response to the changes in land owner exclusion applications will provide clarity for the community. For this purpose, a recommended process has been identified, and Council approval is requested. "Original signed by Diana Hall" Prepared by: Diana Hall, Planner 2 "Original signed by Adam Rieu" Co-prepared by: Adam Rieu, Planner 1 "Original signed by Chuck 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 Al Horsman" Concurrence: Al Horsman Chief Administrative Officer Attachments: (A) Letter from ALC, dated July 30, 2020 (B) Map of ALC identified remnant parcels 2588622 Page 8 of 8 File: 0280-30 Ref: 192545 July 30, 2020 BRlTISH COLUMBIA --··· ·---~··· ... -·~ APPENDIX A To: All local and treaty First Nation govemments with land in the Agricultural Land Reserve Re: Information update on Order in Council #353/2020 -Amendments to regulations under the Agricultural Land Commission Act regarding application fees, soil removal, and fill placement. Part of Bill 15 -Agricultural Land Commission Amendment Act, 2019 also brought into force by the same Order in Council. G~eetings, The purpose of this letter is to provide additional information about recent regulations that will bring into effect changes to the Agricultural Land Commission Act (ALCA) and its regulations. As part of recent public engagement undertaken by the B.C. Government, many local governments indicated that they would benefit from additional guidance and information from the Ministry of Agriculture on any significant legislative changes. On June 26, 2020, Order in Council No. 353/2020 updated Agricultural Land Reserve (ALR) regulations (see news release at https://news.gov.bc.ca/releases/2020AGRI0026-001178). Effective September 30, 2020, the Order in Council: • amends the Agricultural Land Reserve Use Regulation and the Agricultural Land Reserve General Regulation as they r~late to soil removal, fill placement, and application fees; and, • brings into force a part of the Agricultural Land Commission Amendment Act, 2019 (Bill 15), which amends the ALCA to enable the Agricultural Land Commission (ALC) CEO to file remediation order notes on title. The September 30, 2020 effective date provides time for local governments, the public, other stakeholders, and First Nation governrnents to become familiar with, prepare for, and adapt to those changes. These changes will impact both private and public landowners. The appendix to this letter provides additional information about these changes. If you have any questions regarding these amendments and the revitalization of the ALC and the ALR, please contact Arlene Anderson, Director of Legislation, B.C. Ministry of Agriculture, at Arlene.Anderson@gov.bc.ca. Ministry of Agriculture Office of the Agriculture, Science and Policy Assistant Deputy Minister Division Mailing Address: PO Box 9120 Stn Prov Govt Victoria BC V8W 984 Telephone: 778 974-3844 Facsimile: 250 356-7279 Location: 51h Floor, 545 Superior Street Victoria BC VBV 1T7 . . ./2 Web Address: http://www.gov.bc.ca/agri/ -2-If you have questions about the administration of the ALR, please contact the ALC at ALCBumaby@Victorial.gov.be.ca. Sincerely, Jennifer McGuire Assistant Deputy Minister Appendix (1) cc: Gary Maclsaac, Executive Director Union of BC Municipalities Kim Grout, Chief Executive Officer Agricultural Land Commission Tara Faganello, Assistant Deputy Minister, Local Government Division Ministry of Municipal Affairs and Housing -3-Appendix: Summary of Recent Changes Please note: this information is for guidance purposes only. For more details please see the ALCA, the Agricultural Land Reserve Transitional Regulation, the Agricultural Land Reserve General Regulation, the Agricultural Land Reserve Use Regulation, and information provided by theALC. Application Fees On March 12, 2020, Order in Council (OIC) No.131/2020 was approved by the B.C. Government. This OIC simplifies how application fees are collected by local governments, First Nation governments, and the ALC. Those changes will come into effect September 30, 2020. In response to feedback about application fee amounts, Order in Council No. 353/2020 makes further changes about application fees. It lowers the fee for "non-adhering residential use" applications and it increases the amount of application fees that go to a local or First Nation government when they are required to review an application. For more information about applications that require local or First Nation government review, please see section 34 of the ALCA and section 34.1 of the Agricultural Land Commission Amendment Act, 2019 (Bill 15). Until September 29, 2020 Application fees when local or First Nation government review is required Application type Fee to local or First Fee to ALC Total fee Nation government Non-Adhering Residential Use Soil or Fill Use Non-Faim Use $300 $1200 $1500 Subdivision Exclusion Inclusion $0 $0 $0 As of September 30, 2020 and after Application fees when local or First Nation government review is reauired Application type Fee to local or First Fee to ALC Total fee Nation government Non-Adhering Residential Use $450 $450 $900 Soil or Fill Use Non-Farm Use $750 $750 $1500 Subdivision Exclusion Inclusion $0 $0 $0 On September 30, 2020 and after, fees for "non-adhering residential use" applications will be reduced from $1,500 to $900. Local and First Nation governments will also receive 50 percent of -4-the total application fee when their review is required, receiving $450 for "non-adhering residential use" applications and $7 50 for other types of application. If a landowner applies to a local or First Nation government and the local or First Nation government does not forward the application to the ALC, the applicant only pays the local or First Nation government their po1tion of the application fee ($450 or $750). The applicant will not P!l.Y the 1\1~) p_Qrti9g_gJ th~ ~PPlic..~tj9-~ fe.~-.!?~~~1:1~~!4~ ALC wi!Lf!ot __ r~~i~~ t4~ application. ore No. 353/2020 also changes the amount a local or First Nation government will pay when they initiate some types of application to the ALe. Instead of the current higher fee, local and First Nation govemments will pay $450 for a "non-adhering residential use" application or $750 for most other types of application. The most common local or First Nation government-initiated applications with these lower fees will likely be exclusion applications for land within their jurisdiction and applications for non-farm uses or subdivisions of land the local government owns. Fees for applications that are set out in regulation as those that must be be filed directly with the ALC (transportation and utility use applications) remain at $1500; they are not changed by ore No. 353;2020. Soil Removal and Fill Placement Ole No. 353/2020 will make it easier for farmers on the ALR to maintain and build roads. Annual Farm Road Maintenance For maintenance of existing farm roads, soil removal or fill placement is currently allowed up to a volume of 50m3 per year. If a fanner needs to use more than that amount, they must seek permission by submitting a Notice of Intent or an application to the ALC. Some people with larger parcels expressed that this 50m3 limit unintentionally impacts their farms, and so this OIC increases the amount of soil removal or fill placement for farm road maintenance to 50m3 per 100m of existing road length annually, effective September 30, 2020. To remove soil or place fill for the construction of a new farm road or for maintenance beyond 50m3 per 1 OOm of farm road length, a person can ~onsult the ALC website for more information about seeking permission by submitting a Notice of Intent or application to the ALC. Recycled Concrete Aggregate and Recycled Asphalt Pavement Construction and demolition waste are prohibited fill materials in the ALR. Prohibited fill materials are those: • that a person cannot use for a fill use permitted by regulation (see Agriculturnl Land Reserve Use Regulation section 3 5), and, • that the ALC may not approve to be used as fill if a person applies (see Agricultural Land Reserve Transitional Regulation section 30.1 and Agricultural Land Reserve General Regulation section 23). ~5-OIC No; 353/2020 defines recycled concrete aggregate and recycled asphalt pavement and permits them to be used as fill for roads and parking areas in certain circumstances. Since some farm road maintenance is permitted under the regulations (see Agricultural Land Reserve Use Regulation section 35 [d]), a person will be able to use recycled concrete aggregate or recycled asphalt pavement as fill for farm road maintenance up to the annual permitted amount without submitting a Notice of Intent or an application to the ALC. --· Wlieii a persoii .. appHes fo llie ATCrorpeimis-sioiito .pface 'fi Ir for road construction: .. -·-maintenance, or widening, the ALC will be able to approve the use of recycled concrete aggregate or recycled asphalt pavement as fill. Similarly, when a person applies to the ALC for pennission to place fill for parking area construction or maintenance, the ALC will be able to approve the use of recycled concrete aggregate or recycled asphalt pavement as fill. For the purposes of the ALCA, recycled concrete aggregate and recycled asphalt pavement will be concrete and asphalt from a demolition process that have had other construction debris, like metal rodding, glass, or wood removed from them. Recycled concrete aggregate and recycled asphalt pavement will have to be crushed or screened and not exceed specific dimensions. Recycled concrete aggregate will have to be able to pass through a 1.905 cm screen (the size of 3/4 inch crush) while recycled asphalt pavement particles will be 1.905 cm3 or smaller. The ALC's compliance and enforcement team monitors how ALR land is used and responds to info1mation or concerns they receive, including concerns about illegal fill dumping. People should contact the ALC if they suspect unauthorized land uses like fill dumping on the ALR. More information on the ALC's compliance and enfor.cement program can be found online here: https://www.ale.gov. be.ca/ale/ content/alc-act-alr-regulation/compliance-and-enforcement/about-compliance-and-enforcement. Remediation Order Notes on Title C1mently, a person might purchase ALR land without being aware that there are outstanding remediation orders related to contraventions of the ALCA. OIC No. 353/2020 brings part of the Agricultural Land Commission Amendment Act, 2019 (Bill 15) into force. That part gives the ALC 's CEO the ability to file notices in the land title office about remediation orders that have been issued under the ALCA. The CEO may cancel the remediation order note when they are satisfied that the remediation order has been complied with, or that the remediation order cannot be substantially complied with. If the CEO registers a remediation order note on title, it will provide an avenue for prospective buyers to become aware of outstanding issues with the ALR land. -6-Recent legislative changes: Revitalization of the ALR and the ALC The Agricultural Land Commission Amendment Act, 2019 (Bill 15) continued the B.C. government's commitment to revitalize the ALR and the ALC. The part ofBill 15 that strengthens the independence and governance of the ALC was brought into force on March 12, ---·---20Q0;-Mueh-ofthe remainder-of-Bill-1..$-will:be brought-into-fore€ on September-30, 2020. The changes made by the Agricultural Land Commission Amendment Act, 2018 (Bill 52) and the Agricultural Land Commission Amendment Act, 2019 (Bill 15) build on recommendations of the Minister's Independent Advisory Committee (the Committee) to revitalize the ALR and the ALC, focusing on four targeted areas: • protecting the ALR land base into the future; • preserving the productive capacity of the ALR; • improving governance of the ALR; and, • supporting fanners and ranchers in the ALR. From February 4 to April 30, 2018, the Committee held stakeholder consultation meetings in nine communities across B.C. with representatives from 29 local governments and over 110 individuals representing fanning and ranching associations and other agricultural organizations and stakeholder groups. The Committee also hosted an online public survey, receiving over 2300 completed surveys during that period, as well as ove! 270 written submissions. Feedback collected from this public engagement demonstrated that British Columbians believe the ALR is fundamental to the economic perfo1mance of the province's agriculture sector and to the province's food security. They value the ALR because it ensures viable agricultural land is available, affordable, and in production now and into the future. There is strong support from British Columbians for protecting the ALR. The first stage of legislative changes to revitalize the ALR and the ALC were made by the Agricultural Land Commission Amendment Act, 2018 (Bill 52). The amendments in Bill 52 were brought into force on February 22, 2019, and made changes in three key areas: • Restricting the removal of soil and placement of fill; and, increasing penalties for the dumping of construction debris and other harmful fill in the ALR. • Directly addressing mega-mansions and speculation in the ALR by limiting principal residence size on ALR land and empowering the ALC to approve additional residences if they are necessary for faim use. • Reunifying the ALR as a single zone, ensuring consistent rules with strong protections for all ALR land across the province. These cri#cal amendments were needed immediately to preserve the viability and productive capacity of the ALR through addressing the detrimental nature of mega-mansion builds and the abuse of soil and fill on the ALR. Further, Bill 52 confamed that all land in the ALR is valuable by removing the two-zone approach. It was vital that government eliminate the perception that there is higher and lower priority agricultural land in B.C. -7-Role of the Agricultural Land Commission The ALC is the independent administrative tribunal dedicated to preserving agricultural land and encouraging fanning in B.C. in collaboration with other communities of interest. The ALC administers the ALR in accordance with the ALCA and its regulations. ------·--------······ -·· .. ····-···-··-------·-..................... ·-----.. --·-----····-··· .. . The appointed commissioners review land use plans, create operational policies, and decide land use applications. ALC staff support the commissioners through administration, planning, mapping, and compliance and enforcement of legislation and orders. The ALC and its staff anticipate working with stakeholders throughout implementation of the Bill 15 changes in order to provide operational and administrative guidance. ALC staff will provide local governments with infom1ation updates through the ALC update emails, information bulletins, process guidelines, updates to the ALC website and application Portal, and educational materials with respect to Bill 15. Role of the Ministry of Agriculture The Ministry of Agriculture establishes government's policy and legislative framework for the ALC and the ALR. To encourage farming and promote the development of the industry, the Ministry provides agricultural land use planning support and info1mation material for local and TFN governments across the province through its Strengthening Farming Program and Regional Agrologist network. TO: MAPLE RIDGE Onli~h Columbia mapleridge.ca City of Maple Ridge His Worship Mayor Michael Morden and Members of Council MEETING DATE: FILE NO: APPENDIX F. FROM: Chief Administrative Officer MEETING: April 5, 2022 2016-195-CP cow SUBJECT: Employment Lands: Re-designation of the Yennadon Lands to Industrial (Employment Park Category) Second Reading Official Community Plan Amending Bylaw No. 7734-2021 (Policy); and Official Community Plan Amending Bylaw No. 7735-2021 (Land Use Designation) First and Second Reading Official Community Plan Amending Bylaw No. 783~-2022 (Land Use Designation) EXECUTIVE SUMMARY: The Yennadon Lands were identified as a potential location for future employment uses in the City's Commercial & Industrial Strategy, with the Strategy recommending that planning for the additional supply of employment land should begin now in order to best satisfy future demand in an increasingly competitive region. The Yennadon Lands are comprised of 13 properties. They range in size from 0.5 ha (1.5 acres) to 4 ha (10 acres). The total land area is 25.4 hectares (63 acres), and are generally located at south-west of the intersection of 232 Street and 128 Avenue. At the May 11, 2021 Regular Council Meeting, Council granted first reading to Official Community Plan Amending Bylaw No. 7734-2021 (Appendix A) and Bylaw No. 7735-2021 (Appendix 8), to allow re-designation of the Yennadon Lands for an employment future. Following first reading, internal and external referral processes took place. This report outlines the referral responses received and what changes are proposed to the draft plan, reflecting the referral responses received. The report also outlines the latest information as it relates to regional and provincial processes with Metro Vancouver and the Agricultural Land Commission, respectively. With the information received through the referral process, it has been noted that the development and servicing of the Yennadon Land properties will require a collective approach in order to facilitate future uses that will offer a high employment density. As such, lot consolidation policies are proposed as an amendment to Official Community Plan Amending Bylaw No. 7734-2021. The intent of these policies is to ensure the development of a cohesive road network, servicing access and environmental compensation package, while being able to unlock the maximum employment potential of these lands as flexibly as possible. Additionally, through the referral process, it has become necessary to re-draw the boundaries of the properties associated with Official Community Plan Amending Bylaw No. 7735-2021. Official Community Plan Amending Bylaw No. 7735-2021, as amended, has had two properties removed -the properties known as 12791 232 Street and 23154 128 Avenue. • The property at 23154 128 Avenue has been removed due to the development application (2019-119-RZ) associated with the site moving towards a Commercial future, and its own associated Official Community Plan Amending Bylaw. • The property 23154 128 Avenue will now be captured under Official Community Plan Amending Bylaw No. 7838-2022 (Appendix C) and it is anticipated that the Yennadon Land Employment Park policies and development permit guidelines will apply to the future development of this property. Doc#3034112 Page 1 of 13 As such, it is proposed that Council consider the amended Official Community Plan Amending Bylaw No. 7734-2021 and amended Official Community Plan Amending Bylaw No. 7735-2021 for second reading, and Official Community Plan Amending Bylaw No. 7838-2022 for first and second reading. Should Council direct, Official Community Plan Amending Bylaw No. 7734-2021, as amended, and Bylaw No. 7735-2021, as amended, may be forwarded to an upcoming Council Meeting for consideration of second reading and Official Community Plan Amending Bylaw No. 7838-2022 may be forwarded to an upcoming Council Meeting for consideration of first and.second reading, and then the three bylaws may be forwarded to Public Hearing. RECOMMENDATIONS: 1. That in respect of 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. 7734-2021, Official Community Plan Amending Bylaw No. 7,735-2021, and Official Community Plan Amending Bylaw No. 7838-2022 on the municipal website and the referral process together with an invitation to the public, Metro Vancouver and the Agricultural Land Commission to comment; and Council considers it unnecessary to provide any further consultation opportunities, except by way of holding a Public Hearing on the bylaws; 2. That Official Community Plan Amending Bylaw No. 7734-2021, as amended, be given second reading and forwarded to Public Hearing; 3. That Official Community Plan Amending Bylaw No. 7735-2021, as amended, be given second reading and forwarded to Public Hearing; 4. That Official Community Plan Amending Bylaw No. 7838-2022 be given first and second reading and forwarded to Public Hearing; 5. Subject to third reading of Official Community Plan Amending Bylaw No. 7734-2021, Official Community Plan Amending Bylaw No. 7735-2021 and Official Community Plan Amending Bylaw No. 7838-2022, that staff be directed to include the Type 2 Minor Amendments related to the Yennadon Land Regional Growth Strategy amendment package, that will be forwarded to Metro · Vancouver; and further 6. That the following terms and conditions be met prior to final reading of Official Community Plan Amending Bylaw No. 7838-2022: i. That 23154 128 Avenue be removed from the Agriculture Land Reserve; ii. That the Metro Vancouver Urban Containment Boundary be amended; and iii. That the subject properties are included in the Fraser Sewerage Area and/or request, via Council resolution, for permission to connect to the City of Maple Ridge sewer mains. Doc#3034112 Page 2 of 13 revised and that staff work with the consultant to prepare some preliminary land use concepts for Council to review prior to proceeding with public consultation. At the July 14, 2020 Council Workshop meeting, staff in collaboration with a consultant, presented three preliminary land use concepts for Council to review .. At that meeting, Council directed staff to move forward with a public consultation process, taking into account the public health orders in effect atthe time. At the December 8, 2020 Council workshop meeting, Council endorsed "Concept #2 -Neighbourhood Innovations Village" and directed staff to move forward with an Official Community Plan Amending Bylaw. The concept endorsed by Council at the end of 2020 provided for a 100% employment future for the developable areas of the Yennadon Lands. Based on Council comments, as well as what was heard from the community during the public consultation process, the following elements have been integrated into the policy work, design guidelines, or the land use schedule map associated with the re-designation of the Yennadon Lands towards an employment future: • Suitable Mix of Employment Uses: The employment area will need to have an appropriate mix and size of employment uses to generate suitable levels of job creation, while still affording a sensitive transition to the surrounding residential uses. • Neighbourhood Business Scale and Character: The design of the employment area will be limited to business activities primarily occurring inside a building to contain nuisance noise, odour, and other negative impacts. The building fprm will be more of a residential height and massing in the western area with generous landscape retention and reduced parking if possible. The eastern area may have larger and more conventional light industrial buildings. • Innovative Mixed Uses: The development of this site may include a mix of employment uses. • Environmental Sensitivity: Coho Creek will be protected and enhanced with the appropriate setbacks and a progressive stormwater management system on site. • Trail Network: A comprehensive trail network will connect to the adjoining communities and provide a rich amenity for both the businesses and residents to enjoy, promoting a healthy walking/biking culture. · • Resilience and Adaptability: This employment neighbourhood will be designed and planned so that there is diversity and choice of business parcels and units that may adapt and consolidate or expand over time. • Climate-Change Responsive: The infrastructure and servicing will be designed for increased storm flows and special events, so the neighbourhood has the ability to weather through extreme climatic conditions with additional precautionary measures, including floodways and dry pond areas for emergency stormwater storage. The intent is to create a complete neighbourhood, within the existing residential area, where residents and business owners can live, work and play w.ithin a five to ten-minute walk or bicycle ride of their residence. This employment area should be uniquely smaller and scaled to fit with the surrounding neighbourhood, offering the potential for a variety of smaller scaled buildings with limited building heights and sizes. The natural environmental area of the site will be conserved, as the Coho Creek Conservation Area, with the required 30 metre setback areas to buildings and trails along its edges. The employment area Doc#3034112 Page 4 of 13 will be linked by trails and natural open spaces, which in turn will be connected to the adjoining communities. A natural interconnected pathway and trail system is recommended for the site that connects to the surrounding neighbourhoods. The trails should be slightly elevated to avoid flooding and may require elevated boardwalk sections in some of the riparian areas near the stream, or in particularly low wet areas. A gravel horse trail runs along the south side of 128th Avenue adjoining the site. There are no formal trails through the site. There are plans for a comprehensive bike lane and walking path for both 128th Avenue and 232nd Street in the future, that will incorporate bike lanes and a sidewalk/trail network. Official Community Plan Amending Bylaws No. 7734-2021 and No. 7735-2021 were drafted to integrate the Yennadon Lands Concept Plan into the Official Community Plan. The two bylaws were presented at the May 4, 2021 Committee of the Whole Council Meeting and were subsequently forwarded to the May 11, 2021 Regular Council Meeting for Council consideration of first reading. Official Community Plan Amending Bylaws No. 7734-2021 and No. 7735-2021 were granted first reading at the May 11, 2021 Regular Council Meeting. Following the consideration and granting of first reading to the two Official Community Plan Amending Bylaws, staff initiated the referral and consultation process, set out under Section 475 of the Local Government Act, which was endorsed at the time of first reading. This report highlights and responds to comments received through the referral and consultation process, noting that future site specific development applications will require additional studies, and referrals to outside agencies. 2.0 DISCUSSION: This section will outline the agencies involved in the referral process and the response of each. In addition, modifications to the Official Community Plan Bylaws, including the proposed amendments to the Yennadon Lands policies and Development Permit, will be laid out. 2.1 Yennadon Lands Referral Process As a part of the referral process, staff sent out referral requests to a number of external stakeholders and internal departments for their comments regarding the proposed redesignation of the Yennadon Lands towards an employment future. Returned comments are high-level, as site-specific details will come through the development application process. When development applications come before Council, additional studies typically found through the municipal rezoning process may be required. Such development related studies may include geotechnical assessments, ground-water impact assessments, servicing and infrastructure studies, agricultural impact assessments, environmental impact assessments (where development may encroach into some Environmentally Sensitive Areas), as well as significant tree and habitat balance assessments. Development applicants will be required to rezone (to the proposed new M-7 Employment Park Industrial zone discussed in Section 2.5 below) and obtain a development permit to regulate the form and character of new buildings. 2.1.1 External Stakeholders As per typical municipal referral processes, the following external stakeholders received a referral/ comment request regarding the re-designation of the Yennadon Lands towards an employment future: • Agriculture Land Commission • Metro Vancouver • Ministry of Forests, Lands, Natural Resource Operations and Rural Development • School District No. 42 • TransLink Doc#3034112 Page 5 of 13 While the comments are summarized below, the complete responses are available in Appendix F. Comment requests were also sent to the Katzie and Kwantlen First Nations. Agricultural Land Commission (ALC) The ALC noted that one Yennadon Lands parcel is within the Agricultural Land Reserve (ALR). As such, this ALR parcel is still subject to the ALC Act and its regulations, and ALC staff, at this time, do not support the proposed redesignation of the property from Agricultural to Industrial. The ALC does acknowledge that the City is aware that the remaining ALR parcel will need to go through the ALC exclusion process in order to permit Industrial uses on that site and that should the City choose to forward an exclusion application to the ALC, the ALC will review the merits of the exclusion proposal at that time. The ALC also noted that the Yennadon Lands abut ALR land on the eastern perimeter, across from 232 Street and suggested that City staff should consult the Ministry of Agriculture, Food and Fisheries' Guide to Edge Planning when considering the establishment of a vegetative buffer along the non-ALR / ALR boundary. Following receipt of the ALC's comments, a staff-to-staff meeting was held to gain clarity on the recent changes to the ALR exclusion request process, given the exclusion history associated with the Yennadon Land properties. Specifics related to this process are outlined in Section 5.0, Intergovernmental Implications, below. As well, City staff reassured ALC Staff that the edge planning guidelines have been considered and integrated, as appropriate, within the Yennadon Lands Development Permit Guidelines. Metro Vancouver Metro Vancouver provided comments from staff in the Regional Planning and Housing Services, Water Services, and Parks and Environment Departments. The complete letter is available in Appendix F. Regional Planning staff noted the potential need to redesignate the land regionally, given the proposed land uses under the Industrial designation, as well as the proposed process. Following receipt of Metro Vancouver's comments, a staff-to-staff meeting was held to gain clarity on the timelines associated with the adoption of Metro 2050. Specifics related to this process are outlined in Section 5.0, Intergovernmental Implications, below. Regional Planning staff also noted the need for sensitive industrial development given the surrounding non-industrial land uses, as well as the impacts of urban edge development on agricultural land. Regional Planning staff have also requested that some additional guidelines be incorporated into the Yennadon Lands Development Permit Guidelines. Where feasible, staff have made these amendments (discussed in further detail below). Water Services staff noted the importance of early engagement with Metro Vancouver's Water Services department noting the proximal impacts associated with the development of the Yennadon Lands to Metro Vancouver's mains. City staff will connect with Water Services staff, as appropriate, throughout the redesignation process of the Yennadon Lands and on a site-by-site basis through the future development application process. Parks & Environment staff note that the Concept Plan identifies a trail or multi-use pathway along the 128 Avenue side of the Yennadon Lands that is consistent with the Regional Greenways 2050 plan. Doc#3034112 Page 6 of 13 Ministry of Forests. Lands. Natural Resource Operations and Rural Development <FLNROD) Ministry staff note that the Yennadon Lands require regulation under the Provincial Water Sustainability Act (WSA) in collaboration with City staff, and offered the following guidance for future development within the area, as new development will likely change the water storage and attenuation capacity of the area. The Ministry encourages a holistic review of the site, including both environmental protection planning and integrated stormwater / drainage plans for the area with specific details noted in the latest provincial documents and resources. Ministry staff note the potential flexibility for FLNROD, the City of Maple Ridge and landowners to responsibly manage and integrate development within these areas. The full responses provided by FLNROD is available in Appendix F. City staff note the recent work conducted by the City on the Alouette River Integrated Stormwater Management Plan and provided a reminder that the typical municipal development application process does require stormwater and drainage management plans. The proposed consolidation policy, discussed below, will also assist in strengthening the ability for a development application to flexibly accommodate the provincial regulations. School District No. 42 School District No. 42 noted in their referral response that the proposed redesignation would affect the student population for the catchment areas currently served by Yennadon Elementary and Garibaldi Secondary School. The complete letter is available in Appendix F. City Engineering staff confirm that Yennadon Elementary is located approximately 200m to the east and that traffic volumes at peak school times may be a challenge at the 128 Ave / 232 Street intersection. Currently, some of the. vacant properties within the Yennadon Lands are unofficially used as overflow parking for parents taking their children to school due to the congestion at drop off and pick up times. The City is actively working with the School District to address the congestion issues. Translink Translink staff note that their comments are based on their legislated mandate to review OCP amendments, as well as policy direction outlined in the Regional Transportation Strategy (RTS) and the. Transit-Oriented Communities Design Guidelines. As such, TransLink staff had the following comments: • Noting the infrequency of the bus routes currently servicing the Yennadon Lands, that it would be important for the City to provide safe, accessible, and comfortable active transportation routes from the site to both the Haney Place Bus Exchange as well as the West Coast Express at Port Haney Station; • That TransLink encourages the City to improve the safety of active transportation modes surrounding the site, such as adding signalized crosswalks at key pedestrian crossings, sidewalks on both sides of the roads along 232 Street and 128 Avenue, and improving the existing bus stops on these roads to increase the comfort and attractiveness for transit as a travel option in the area. • Noting that 232 Street is a Major Road Network (MRN), the City would be required to obtain TransLink approval for any new accesses to/from the MRN. • Encourage City staff to incorporate the TDM Guidelines for New Developments in Metro Vancouver and/or develop a TDM Plan for the site. City staff have noted these comments and made the appropriate amendments to policy and development permit guidelines as appropriate. The complete letter is available in Appendix F. Doc#3034112 Page 7 of 13 2.1.2 Internal Stakeholders In addition to the external organizations, referrals are sent to internal departments including Building, Economic Development, Engineering, Environment, Development, Fire, and Parks. The Yennadon Lands were identified as a potential location for future employment uses in the City's Commercial & Industrial Strategy, with the Strategy recommending that planning for the additional supply of employment land should be a high priority in order to best satisfy future demand in an increasingly competitive region. This area aligns with the intent of the current Official Community Plan policies for inclusion as employment lands, as the lands are generally flat, have access to an arterial and collector roadway, and servicing runs adjacent to the properties, as well as the City's recent Economic Development Strategy. It is noted in the Commercial & Industrial Strategy that a mixed employment campus-style business park could be a suitable form of development in this area. The Strategy recommends development with a key focus on restricting heights, while also encouraging building forms and uses that are in keeping with the surrounding residential context. It was originally noted thatthe Yennadon Lands could eventually serve the needs of the technology sector, light manufacturing companies, and professional offices, all of which offer a high employment density. As many City Departments were involved throughout the creation and development of the Yennadon Lands Concept Plan, internal referral comments were few, with the proposed Concept Plan largely reflecting departmental aspirations. Where relevant, internal comments also spoke to relevant external comments, including where possible further regional alignment could take place, such as through economic development and active transportation opportunities. The comments received from the Engineering Department largely pertain to future development application processes, and will be of interest to potential applicants, the referral response is included in Appendix G. 2.2 Yennadon Lands Land Use Designation & OCP Policies In order to implement the Yennadon Lands Concept Plan, Official Community Plan Amending Bylaw No. 7734-2021 (Appendix A, Schedule 1) introduces a new category to the existing Industrial land use designation. Some of the existing policies of Chapter 6 Employment have been updated, where appropriate, but the majority of Official Community Plan Policy Amending Bylaw No. 7734-2021 is proposed to integrate the Industrial Land Use Employment Park Category policies into OCP Chapter 6. The Industrial (Employment Park Category) is intended to help create a more "complete community" by providing a range of employment opportunities where local residents and future business owners can live, work and play within a five to ten minute walk or bicycle ride of their residence. In the past, industrial and commercial/residential areas have not always been good neighbours as industrial uses often bring noise, visual impacts, and large truck traffic to local areas. Therefore, the design of the employment area will be limited to business activities occurring primarily inside a building to contain nuisance noise, odour, and other negative impacts. Development will be directed in a sensitive and scaled manner so that the Employment Park is compatible with the adjoining residential neighbourhood. Through the referral process, it has been noted that the development and servicing of these properties will require a collective approach in order to facilitate future uses that will offer a high employment density. As such, lot consolidation policies are proposed as an amendment to Official Community Plan Amending Bylaw No. 7734-2021. The intent of these policies is to ensure the development of a cohesive road network, servicing access and environmental compensation package, while being able to unlock the employment potential of these lands as flexibly as possible. The following consolidation policy amendments to the Employment Park policies are proposed: Doc#3034112 Page 8 of 13 • That Maple Ridge will require a minimum lot consolidation of 75,000 square meters for employment park development on the eastern portion of the Yennadon Lands (Policy 6-55 b) • That Maple Ridge will require a minimum lot consolidation of 35,000 square meters for employment park development on the western portion of the Yennadon Lands (Policy 6-55 d) The complete set of policies, including proposed amendments, is included in Official Community Plan Amending Bylaw No. 7734-2021, which is attached as Schedule 1 to Appendix A. 2.3 Yennadon Lands Employment Park Development Permit Guidelines In conjunction with the Industrial Land Use (Employment Park Category) policies, specific Development Permit Guidelines (Appendix A, Schedule 2) have been developed for the Yennadon Lands Employment Park, which is proposed for integration into Chapter 8, Development Permit Areas, of the Official Community Plan. The intent of these guidelines is to shape the form of development to reflect Council and community comments, while remaining flexible and open to a range of uses. The Development Permit Guidelines go through general design guidelines, such as site planning essentials, as well as specifics pertaining to site planning, landscaping, access and parking, and building design and massing. Since first reading, a number of amendments have been made to the proposed Development Permit Guidelines: • Update references to reflect the most recent guidelines, standards and bylaws. • Update of some graphics for clarity. • More specific wording relating to Access and Transportation, reflecting comments received through the external stakeholder review process. • More specific wording relating to the opportunity for trails, open space, and active transportation opportunities, reflecting comments received through the internal and external stakeholder review process. • Clarification on possible flexibility as it relates to the stormwater management and drainage strategies for the Yennadon Lands Employment Park. • New guidelines that speak to wildlife and bird friendly designs, as requested by Metro Vancouver. • Clarification regarding green roofs, and the maintenance of, as requested by Metro Vancouver. • Removal of the Live/Work possibility, given the changing market demands, intent to align with future regional land use designations, and Council's desire for no residential use in the area. • Update of the Design Checklist to reflect the proposed amendments. The complete set of Development Permit Guidelines is included in Official Community Plan Amending Bylaw No. 7734-2021 (Policy), which is attached as Schedule 2 to Appendix A. 2.4 Yennadon Lands Employment Park Official Community Plan Land Use Map It is intended, with the Official Community Plan Amending Bylaws that the 'Schedule B' Land Use Map and 'Schedule C' Natural Features Map will be amended to reflect the change in land use and designation. The Yennadon Lands Employment Park designation is proposed to change from 'Agricultural1 to 'Industrial' and 'Conservation1, as identified in the attached land use maps. Since first reading of Official Community Plan Amending Bylaw No. 7735-2021, one of the Yennadon Lands properties have advanced through the development application process towards a Commercial future. As such, amendments to the boundaries of Official Community Plan Amending Bylaw No. 7735-Doc#3034112 Page 9 of 13 providing they align with the endorsed concept and Official Community Plan Amending Bylaw No. 7734-2021 (Policy}, Bylaw No. 7735-2021 and Bylaw No. 7838-2022 (Land Use Designation). When that occurs, through these site-specific development applications, additional studies typically found through the municipal rezoning process may take place. Such studies may include geotechnical assessments, ground-water impact assessments, servicing and infrastructure studies (including drainage plans), agricultural impact assessments, environmental impact assessments (where development may encroach into some Environmentally Sensitive Areas), as well as significant tree and habitat balance assessments. Development applicants will be required to rezone to the proposed new M-7 Employment Park Industrial zone discussed in Section 2.5 above and obtain a development permit to regulate the form and character of new buildings. 3.0 STRATEGIC ALIGNMENT Implementing strategic plans related to local infrastructure and the economy, including the City's commercial and industrial land base, is a Council priority as established under its Growth pillar of the 2019-2022 City of Maple Ridge Strategic Plan. 4.0 POLICY IMPLICATIONS The proposed land use re-designation of the Yennadon Lands to an employment future is supported through the recommendations of the Commercial & Industrial Strategy and the existing industrial policies in the OCP. OCP policies 6-41 and 6-42 speak to identifying additional employment lands within the City and set out compatibility criteria used to determine feasibility of new employment land. Specifically, the subject properties align with the intent of the current OCP policies for inclusion as employment lands, as the lands are generally flat, have access to arterial and collector roadways, and development servicing is located adjacent to the properties. 5.0 INTERGOVERNMENTAL IMPLICATIONS 5.1 Agricultural Land Commission In 2004, the Agric.ultural Land Commission (ALC) permitted 12 of the 13 Yennadon Land properties to be removed from the Agricultural Land Reserve. This was a voluntary process, so only those property owners that chose to participate went through the exclusion process. As such, one property in the northeast corner (23154 128 Avenue) of the Yennadon Lands area will need to go through the ALC exclusion process to permit employment uses on that site. In accordance with the latest provincial changes in Bill 15, the current owner will have to request that the City make this exclusion application on their behalf. Once the property owner requests an exclusion application be made, staff will bring a report before Council requesting permission to send the property to the Agricultural Land Commission to explore the possibility of exclusion. Should the property be excluded from the Agricultural Land Reserve, the City will be able to move Official Community Plan Amending Bylaw No. 7838-2022 through the regional redesignation process required by Metro Vancouver in order to facilitate servicing and future employment uses at this site. 5.2 Metro Vancouver The Regional Growth Strategy (RGS), titled "Metro Vancouver 2040: Shaping Our Future11, manages growth by establishing growth boundaries throughout the region. The Yennadon Lands are largely Doc#3034112 Page 11 of 13 located within the Region's Urban Containment Boundary (see Appendix D) for the Region's Urban Containment Boundary). Staff note that the potential for an adjustment to the City's Urban Area Boundary was contemplated during the previous Regional Growth Strategy review in 2006 and the lands were therefore, designated as General Urban by the Region (i.e. the majority of the Yennadon Lands are within the Region's Urban Containment Boundary). However, two properties in the northeast corner are outside of the Region's Urban Containment Boundary. These properties will require a land use designation change at the Metro Vancouver level, as well as an adjustment to the Urban Containment Boundary to permit employment uses. As Metro Vancouver has been undertaking a review of the Regional Growth Strategy, Metro Vancouver staff have requested that minor amendments to the Regional Plan be held until the regional planning process has been complete. Third reading of the Yennadon Lands bylaws will be used as the spring-board for these future conversations, as Metro Vancouver has indicated support for the City's intent to provide additional employment lands in the region. According to the latest information, Metro Vancouver has recently completed a draft of the updated Regional Growth Strategy, Metro 2050. At time of report writing, Metro 2050 is intended to be presented to the regional board at the end of March, 2022 for consideration of first and second reading. If passed, letters for formal acceptance will be sent out to local governments in early May and Metro Vancouver will require local governments to pass resolutions for approval. These resolutions are due to Metro Vancouver by July, 2022. Should Official Community Plan Amending Bylaws 7734-2021, 7735-2021 and 7838-2022 receive third reading, following a public hearing, staff will move forward with the regional land use redesignation requirements to the appropriate regional growth strategy. An application by the City, to the Greater Vancouver Sewerage & Drainage District Board, is required to achieve regional approval to include the Yennadon Lands within the Fraser Sewerage Area for more intensive employment activities to take place at this site. The intent is to support urban level servicing and an application to the Board will be considered through this process. 6.0 INTERDEPARTMENTAL IMPLICATIONS Community Planning staff have been working collaboratively with our Development & Environment colleagues, as well as with Engineering, Parks, Recreation & Culture, Building and Economic Development staff, on the pursuit of employment opportunities for the Yennadon Lands. It is anticipated that these departments will continue to be involved throughout the Yennadon Lands Employment Park Re-designation process. Additionally, staff from Legislative Services and Communications Departments will continue to provide support with community outreach and communication initiatives. 7 .0 FINANCIAL IMPLICATIONS The ongoing pursuit of employment lands, specifically with the Yennadon Lands Employment Park, is included in the Planning Department 2022 Work Program. CONCLUSION: The Yennadon Lands were identified as a potential location for future employment uses in the City's Commercial & Industrial Strategy. This area aligns with the intent of the current Official Community Doc#3034112 Page 12 of 13 Plan policies for inclusion as employment lands, as the lands are generally flat, have access to an arterial and collector roadway, and servicing runs adjacent to the properties. Official Community Plan Amending Bylaw No. 7734-2021 and Bylaw No. 7735-2021 received first reading on May 11, 2021. Following the internal and external referral process, the amended bylaws are before Council for consideration of second reading. The introduction of Official Community Plan Amending Bylaw No. 7838-2022 is before Council for consideration of first and second reading. These three bylaws propose to re-designate the Yennadon Lands for an Employment Park. Should Council direct, Official Community Plan Amending Bylaw No. 7734-2021, Bylaw No. 7735-2021 and Bylaw 7838-2022 would be forwarded to an upcoming Council Meeting for consideration of second reading and then forwarded to an upcoming public hearing. "Original signed by Amanda Grochowich" Prepared by: Amanda Grochowich, MCIP, RPP Planner 2 "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 Appendix A: Appendix B: Appendix C: Chief Administrative Officer Official Community Plan -Schedule A -Amending Bylaw No. 7734-2021 (as amended) Schedule 1-Chapter 6, 6.4.2 Employment Parks Schedule 2 -Chapter 8, Yennadon Lands Employment Park Development Permit Area Guidelines Official Community Plan -Schedule B -Amending Bylaw No. 7735-2021 (as amended) Schedule 1 & 2 -Urban Area Boundary and Land Use Maps Official Community Plan -Schedule B -Amending Bylaw No. 7838-2022 Schedule 1: Land Use Map Appendix D: Urban Area Boundary and Urban Containment Boundary Map Appendix E: City of Maple Ridge Work-to-Date Appendix F: External Referral Comments Appendix G: Internal Referral Comments Doc#3034112 Page 13 of 13 CITY OF MAPLE RIDGE BYLAW NO. 7734-2021 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 desirable to amend Schedule 11A11 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 Policy Amending Bylaw No. 7734-2021." 2. That the Table of Contents is amended by inserting 6.4.2 Employment Park after 6.4.1 Industrial Lands and renumbering the following sections accordingly. 3. That Chapter 6 Employment, 6.4 Industrial Opportunities, 6.4.1 Industrial Lands, Policy 6-44 is amended by deleting the policy and replacing with the following: "6 -44 The Industrial land use designation is a key component of achieving a compact community. Within the Industrial designation, there are 3 industrial categories, the components of which are highlighted in this chapter: a) Business Park Industrial -lands that are located in the Maple Meadows Industrial Park and Albion Industrial Area. The Business Parks provide for a range of industrial uses and services, with an emphasis on la_ndscaping and design. b) Employment Park Industrial -lands that are located in the Yennadon Lands Employment Park. Employment Park Industrial provides for a range of employment uses close to where people live while reducing possible negative impacts on existing surrounding neighbourhoods. c) General Industrial -lands that are located throughout the community and provide for a range of services and general industrial uses." 4. That Chapter 6 Employment is amended by inserting 6.4.2 Employment Park, a copy of which is attached hereto and forms a part of this bylaw as Schedule 1, following 6.4.1 Industrial Lands and renumbering the remaining sections, policies, and , associated policy references accordingly. 5. That Chapter 8 Development Permit Area Guidelines be amended by inserting the following after "Ground-Oriented Residential Infill" on the Title Page: + Yennadon Lands Employment Park 6. That Chapter 8 Development Permit Area Guidelines, Section 8.2 Application and Intent be amended by inserting the following after 8.2 (9): "10. Yennadon Lands Employment Park pursuant to Section 488 of the Local Government Act to establish guidelines for the form and character of intensive light industrial use and for the protection of natural features and ecologically significant land." 7. That Chapter 8 Development Permit Area Guidelines is amended by inserting the Yennadon Lands Employment Park Development Permit Area Guidelines, a copy of which is attached hereto and forms a part of this bylaw as Schedule 2, following after Section 8.14 Ground Oriented Residential Infill Development Permit Guidelines. 8. That Appendix C Zoning Matrix, Industrial Designations* be amended by inserting the following between "General Industrial Category" and "Business Park Category": Employment Park Category* (Subject to policies in Section 6.4.2) M-7 Employment Park Industrial 9. That Appendix C Zoning Matrix, Industrial Designations*,-Business Park Category be amended by removing the reference to 'Section 6.4.2' and replacing it with 'Section 6.4.3' and that "M-7 Employment Park Industrial" ~e added after "M-3 Business Park". 10. Maple Ridge Official Community Plan Bylaw No. 7060-2014 as amended is hereby amended accordingly. READ a first time the 11th day of May, 2021. READ a second time as amended the day of PUBLIC HEARING held the day of READ a third time the day of ADOPTED, the day of , 202X. PRESIDING MEMBER 202X. , 202X. , 202X. CORPORATE OFFICER 6-54 Maple Ridge will designate the Yennadon Lands, generally located south of 128th Ave and west of 232nd Street, for an Employment Park use. The Yennadon Lands serve growing industries, that include the technology sector, light manufacturing companies, and professional offices, all of which offer a high employment density. 6-55 Maple Ridge will consider an Employment Park development for the Yennadon Lands noting that: a )The eastern portion of the Yennadon Lands Employment Park may have larger and more conventional light industrial buildings; b) Maple Ridge will require a minimum lot consolidation of 75,000 square meters for employment park development on the eastern portion of the Yennadon Lands; c) The western portion of the Yennadon Lands Employment Park will have a building form that is similar to that of a single-detached residential dwelling height and massing with generous landscape retention and reduced parking, where possible; d) Maple Ridge will require a minimum lot consolidation of 35,000 square meters for employment park development on the western portion of the Yennadon Lands; and d) Development must align with the Yennadon Lands Employment Park Development Permit Area Guidelines found in Chapter 8 of the City's Official Community Plan. I ~ -Maple Ridge Official Community Plan Bylaw No. 7060-2014 Chapter 6, Page 26 CITY OF MAPLE RIDGE BYLAW NO. 7735-2021 A Bylaw to amend the Official Community Plan Bylaw No. 7060-2014 APPENDIXB WHEREAS Section 4 77 of the Local Government Act provides that the Council may revise the Official Community Plan; AND WHEREAS it is deemed desirable to amend Schedule "B" and Schedule i,c,, 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. 7735-2021." 2. To amend the Urban Area Boundary, as shown in Schedule 1 Map No. 1037, to include the Yennadon Lands in their entirety. 3. Those parcels or tracts of land and premises known and described as: Parcel A, Lot 8, Plan NWP5467, Section 20, Township 12, New Westminster Land District, REF PL 8148; Lot 7, Plan NWP5467, Section 20, Township 12, Group 1, New Westminster Land District; Lot 6, Plan NWP5467, Section 20, Township 12, Group 1, New Westminster Land District; Lot 5, Plan NWP5467, Section 20, Township 12, Group 1, New Westminster Land District; . Lot 3, Plan NWP5430, Sublot 1, Part NE1/4, Section 20, Township 12, Group 1, New Westminster Land District, Except Plan PARCEL "A" RP22408, P23424; Lot 4, Plan NWP5430, Section 20, Township 12, Group 1, New Westminster Land District, Except Plan 23424, LMP12700; Lot 2, Plan NWP22339, Part NE1/4, Section 20, Township 12, Group 1, New Westminster Land District; Lot 46, Plan NWP31436, Part NE1/4, Section 20, Township 12, Group 1, New Westminster Land District; Lot 55, Plan NWP40879, Part NE1/ 4, Section 20, Township 12, Group 1, New Westminster Land District; Lot 56, Plan NWP40879, Part NE1/4, Section 20, Township 12, Group 1, New Westminster Land District; Parcel B, Lot 8, Plan NWP5467, Section 20, Township 12, New Westminster Land District, (REF PL 13094); and CITY OF MAPLE RIDGE BYLAW NO. 7838-2022 A Bylaw to amend the Official Community Plan Bylaw No. 7060-2014 APPENDIXC WHEREAS Section 477 of the Local Government Act provides that the Council may revise the Official Community Plan; AND WHEREAS it is deemed desirable 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. 7838-2022." 2. Those parcels or tracts of land and premises known and described as: Lot 43, Plan NWP30199, Section 20, Township 12, Group 1, New Westminster Land District and outlined in heavy black line on Map No. 1056, a copy of which is attached hereto as Schedule 1 and forms part of this Bylaw, are hereby re-designated to Industrial {Employment Park Category). 4. Maple Ridge Official Community Plan Bylaw No. 7060-2014 as amended is hereby amended accordingly. READ a first time the day of 2021. READ a second time as amended the PUBLIC HEARING held the day of READ a third time the day of ADOPTED, the day of PRESIDING MEMBER day of , 202X. 202X. , 202X. ,202X. CORPORATE OFFICER TO: City of Maple Ridge His Worship Mayor Michael Morden and Members of Council MEETING DATE: October 18, 2022 FILE NO: 2022-165-RZ FROM: Chief Administrative Officer MEETING: C o W SUBJECT: First Reading Zone Amending Bylaw No. 7893-2022 13872 and 13894 Silver Valley Road EXECUTIVE SUMMARY: An application has been received to rezone the subject properties, located at 13872 and 13894 Silver Valley Road, from RS-3 (Single Detached Rural Residential) to R-2 (Single Detached (Medium Density) Urban Residential), to permit a future subdivision of approximately 14 single-family lots. The proposed development will require minor amendments to the Official Community Plan. The proposed amendments are required to achieve a balance between Open Space/Conservation areas and the Eco Cluster designation. Pursuant to Council Policy 6.31, this application is subject to the Community Amenity Contribution (CAC) Program at a rate of $7,100 per single-family lot, for a total estimated amount of $99,400, or such rate applicable at third reading of this application. To proceed further with this application additional information is required as outlined below. RECOMMENDATIONS: 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; v. Boards of Education, Greater Boards and Improvements District Boards; and vi. The Provincial and Federal Governments and their agencies. and in that regard it is recommended that no additional consultation be required in respect of this matter beyond the early posting of the proposed Official Community Plan amendments on the City's website, together with an invitation to the public to comment; 2. That Zone Amending Bylaw No. 7893-2022 be given first reading; and further 3. That the applicant provide further information as described on Schedules A, B, F, G and J of the Development Procedures Bylaw No. 5879-1999, along with the information required for a Subdivision application. 2022-165-RZ Page 1 of 6 1102 DISCUSSION: a) Background Context: Applicant: Legal Description: OCP: Existing: Proposed: Within Urban Area Boundary: Area Plan: OCP Major Corridor: Zoning: Existing: Proposed: Surrounding Uses: North: South: East: West: Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing Requirement: Flood Plain: Fraser Sewer Area: 2022-165-RZ Noura Homes -Wayne Jackson Lot 16 Section 33 Township 12 New Westminister District Plan 27891 Lot 17 Section 33 Township 12 New Westminister District Plan 27891 Conservation, Eco Clusters, Low Density Urban, Open Space Conservation, Eco Clusters, Open Space Yes Silver Valley Area Plan Yes RS-3 (Single Detached Rural Residential) R-2 (Single Detached (Medium Density) Urban Residential) Use: Zone: Designation: Use: Zone: Designation: Use: Zone: Designation: Use: Zone: Designation: Single-Family Residential RS-3 (Single Detached Rural Residential) Conservation and Eco-Cluster Single-Family Residential RS-3 (Single Detached Rural Residnetial) Conservation, Low Density Urban, Neighourhood Park, Open Space North Alouette River RS-3 (Single Detached Rural Residnetial) Conservation Single-Family Residential and Park RS-1 (Single Detached Residential) and RS-3 (Single Detached Rural Residnetial) Low Density Urban and Open Space Vacant and Single-Family Residential Single-Family Residential 1.73 ha (4.27 acres) Unopened road to the south of the subject properties Urban Standard No Yes Page 2 of 6 b) Site Characteristics: The subject properties are located in Silver Valley, east of Silver Valley Road and west of the North Alouette River. The subject properties rise up from Silver Valley Road creating a plateau for approximately 120m, which then falls steeply towards the North Alouette River. The northern property contains a single-family dwelling structure as well as accessory structures. The southern property is vacant (see Appendices A and B). There is a mixture of coniferous and deciduous trees scattered throughout the subject properties (see Appendices Band E). c) Project Description: The applicant is proposing to rezone the subject property from RS-3 (One Family Rural Residential) to R-2 (Single Detached (Medium Density) Urban Residential), to allow a subdivision of approximately 14 single-family lots with a minimum parcel size of 315m2• A community path is likely to be required along the southern and eastern boundary of the subdivision. 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. Elements to be reviewed by the City include: • environmental report regarding the Alouette River; • arborist report assessing significant stands of trees; • servicing and lot grading plans; • geotechnical report; and • path locations. Assessment of these elements 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. d) Planning Analysis: Official Community Plan: The development site is located within the Silver Valley Area Plan and is currently designated Conservation, Eco Clusters, Low Density Urban, and Open Space. For the proposed development, an OCP amendment will be required to adjust the Open Space, Conservation and Eco Cluster boundaries to achieve a design for the development that is in keeping with the Eco Cluster concept and protecting natural features detailed in the Silver Valley Area Plan. An Eco Cluster is a group of housing units, condensed within clearly defined limits, surrounded by open space and linked to other parts of the Silver Valley community by a single local road. Eco-Clusters are intended to provide development opportunities in sparsely developed or rural areas, in a cluster form which supports sensitive implementation, minimal site re-grading and tree clearing, and integration of housing into a forest setting. 2022-165-RZ Page 3 of 6 The Eco Cluster OCP designation permits various zones and housing types to encourage diversification. Eco-Clusters should include multi-family units as well as single-family lots. The proposed OCP amendment does not increase the density of the proposal. The OCP amendment will facilitate an overall design that supports the Eco Cluster concept. The exact designation boundary amendments have not been determined. These boundaries will be determined once all reviews of the above-noted reports/plans for the project are completed. Zoning Bylaw: The current application proposes to rezone the properties located at 13872 and 13894 Silver Valley Road from RS-3 (Single Detached Rural Residential) to R-2 (Single Detached (Medium Density) Urban Residential) to permit a future development of approximately 14 single-family lots (see Appendix D). The minimum lot size for the current zone RS-3 (Single Detached Rural Residential) is 0.8 ha, where a Community Water System is available. The minimum lot size for the proposed R-2 (Single Detached (Medium Density) Urban Residential) zone is 315m2. Any variations from the requirements of the proposed zone will require a Development Variance Permit application. Development Permits: Pursuant to Section 8.9 of the OCP, a Watercourse Protection Development Permit application is required for all developments and building permits within 50 metres of the top of bank of all watercourses and wetlands. The purpose of the Watercourse Protection Development Permit is to ensure the preservation, protection, restoration and enhancement of watercourse and riparian areas. Pursuant to Section 8.10 of the OCP, a Natural Features Development Permit application is required for all development and subdivision activity or building permits for: • All areas designated Conservation on Schedule "B" or all areas within 50 metres of an area designated Conservation on Schedule "B", or on Figures 2, 3 and 4 in the Silver Valley Area Plan; • All lands with an average natural slope of greater than 15 %; • All floodplain areas and forest lands identified on Natural Features Schedule "C" to ensure the preservation, protection, restoration and enhancement of the natural environment and for development that is protected from hazardous conditions. Pursuant to Section 8.12 of the OCP, a Wildfire Development Permit application is required for all development and subdivision activity identified in wildfire risk areas. The purpose of the Wildfire Development Permit is for the protection of life and property in designated areas that could be at risk for wildland fire; and where this risk may be reasonably abated through implementation of appropriate precautionary measures. Prior to second reading a Registered Professional Forester's Report will be required to determine wildfire mitigation requirements. 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. 2022-165-RZ Page 4 of 6 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) Parks, Recreation and Culture Department; f) School District; g) Utility companies; and h) 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. f) Early and Ongoing Consultation: In respect of Section 4 75 of the Local Government Act for consultation during an OCP amendment, it is recommended that no additional consultation is required beyond the early posting of the proposed OCP amendments on the City's website, together with an invitation to the public to comment. g) Development Applications: In order for this application to proceed the following information must be provided, as required by Development Procedures Bylaw No. 5879-1999 as amended: 1. An OCP Application (Schedule A); 2. A complete Rezoning Application (Schedule B); 3. A Watercourse Protection Development Permit Application (Schedule F); 4. A Natural Features Development Permit Application (Schedule G); 5. A Wildfire Development Permit Application (Schedule J); and 6. A Subdivision Application. The above list is intended to be indicative only, other applications may be necessary as the assessment of the proposal progresses. 2022-165-RZ Page 5 of 6 CONCLUSION: The development proposal is in general compliance with the policies of the OCP; however, land-use designation and boundary adjustments are needed once the full assessment is completed prior to second reading. Justification has been provided to support the OCP amendments; therefore, it is recommended that Council grant first reading, subject to additional information being provided and assessed prior to second reading. The proposed layout has not been reviewed in relation to the relevant bylaws and regulations governing subdivision applications. Any subdivision layout provided is strictly preliminary and must be approved by the Approving Officer. It is expected that once complete information is received, Zone Amending Bylaw No. 7893-2022 will be amended and an OCP Amendment to adjust the Conservation boundary may be required. It is recommended that Council not require any further additional OCP consultation. "Original signed by Wendy Cooper" Prepared by: Wendy Cooper, M.Sc., MCIP,RPP Planner "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. 7893-2022 Appendix D -Proposed Site Plan Appendix E -Environmental Context Map 2022-165-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 6 of 6 CITY OF MAPLE RIDGE BYLAW NO. 7893-2022 A Bylaw to amend Schedule 'A' Zoning Map forming part of Zoning Bylaw No. 7600-2019 as amended APPENDIX C 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. 7893-2022". 2. Those parcels or tracts of land and premises known and described as: Lot 16 Section 33 Township 12 New Westminster District Plan 27891; and Lot 17 Section 33 Township 12 New Westminster District Plan 27891 and outlined in heavy black line on Map No. 1988 a copy of which is attached hereto and forms part of this Bylaw, are hereby rezoned to R-2 (Single Detached (Medium 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 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 GB Road -1.1 Dedication New Area=67.4 m 7 g ~ ~ ~ ~ ~ at/6 ~ <c:i s: :-::-..... % 14.52 0 115 IC)ll'f ~ ~i ESA ~ :2 8 :::: ~ c::i C\j New Area=1586.J mil W/M SRW 29•00 ~ 11 New Area=389.0 mz 29.00 2 New Aretr-319.0 mz 29.00 ~ ~ g ::: ~ Q;) 2D.SO 11.70 11.70 4.50 Som --. 37.30 I I [~ ECO CLUSTER ;J j {ROAD SRW) ; • New Areo=999.2 m 2 1· 1--·-·-··--······-. . -!-··-.. ·--·--··· \ -~ 1 : :·· l trf\o'/· .e>~ cs> i • • l L, '1,.·. ,~·q, ! : , . .,,/ • ~ : 31 l ~-'· ..... ..:....._. ___ 21. ----------· R Road ~ ::: New Area::1893.1 mz 11.70 11.70 ........................................................................ I 11.01 I 11.51 '1!"~3x3 14.20 NewL /~New?,... ~ 8 : ..... ~ New Area= lg :0 315.2 m 2 315.2 mil 411.0 mz ~ 11.01 11.01 14.51 14.20 c:> ..., ~ ~ 18 ) 240.39 -43.29 i:::> "'5 28.76 New Af.j-315.3 m' : __ _,/J . . ........ 600 \ 1---..::.:::26.;.;;;..42_---\~/ 1 • ~ ~ :::: 13 New Areo=:31S.S mz 29.95 ,~ •g L ,~ l :::: PAR~\ 12 z !g New Area=3S0.8 m /:::: 32.57 i 11 Jg New Areo,,::358.S m 7 1:::: 31.85 ! : 10 la New Area=340.5 mil /:::: ;JO.TS I 9 New Area=.JB0.8 m 7 g ~ ~ ~ I ) 92.1 17.21 22.27 ~ .......... __ Temporary Access .J. .. 76.aa-·-....... {Permanent Emergency Access) I Unopene1 3 J / )> "'O -0 ITI z 0 x 0 [ ~.-!~I,, mapleridge.ca City of Maple Ridge TO: FROM: SUBJECT: His Worship Mayor Michael Morden and Members of Council Chief Administrative Officer First and Second Reading MEETING DATE: FILE NO: MEETING: Official Community Plan Amending Bylaw No. 7883-2022 Second Reading Zone Amending Bylaw No. 7221-2016 24138 Lougheed Highway EXECUTIVE SUMMARY: October 18, 2022 2014-040-RZ cow An application has been received to rezone the subject property located at 24138 Lougheed Highway from RS-3 (Single Detached Rural Residential) to RS-2 (Single Detached Suburban Residential), to permit a future two lot subdivision. The minimum lot size for the current RS-3 zone is 8,00om2 (2 acres) and 4,00om2 (1 acre) for the proposed RS-2 zone. Council granted first reading to Zone Amending Bylaw No. 7221-2016 and considered the early consultation requirements for the Official Community Plan amendment on April 23, 2019. First reading of Zone Amending Bylaw No. 7221-2016 was completed under the previous Zoning Bylaw; therefore, minor amendments to the Bylaw are required to update references to the current Zoning Bylaw No. 7600-2019. This application requires an amendment to the Official Community Plan (OCP) to re-designate the land use from Rural Residential to Suburban Residential. Pursuant to Council Policy 6.31, this application is subject to the Community Amenity Contribution (CAC) Program at a rate of $7,100 per single family lot, for an estimated amount of $7,100, or such rate applicable at third reading of this application. RECOMMENDATIONS: 1. That, in accordance with Section 4 75 of the Local Government Act, opportunity for early and on-going consultation has been provided by way of posting Official Community Plan Amending Bylaw No. 7883-2022 on the municipal website, and Council considers it unnecessary to provide any further consultation opportunities, except by way of holding a Public Hearing on the bylaw; 2. That Official Community Plan Amending Bylaw No. 7883-2022 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. 7883-2022 is consistent with the Capital Expenditure Plan and Waste Management Plan; 4. That Official Community Plan Amending Bylaw No. 7883-2022 be given first and second reading and be forwarded to Public Hearing; 2014-040-RZ Page 1 of 6 1103 5. That Zone Amending Bylaw No. 7221-2016 be given second reading as amended, and be forwarded to Public Hearing; and further 6. That the following terms and conditions be met prior to final reading: i. Approval from the Ministry of Transportation and Infrastructure; ii. Amendment to Official Community Plan Schedule 11811; iii. Registration of a Restrictive Covenant for the Geotechnical Report, which addresses the suitability of the subject property for the proposed development; iv. Registration of a No Build / No Disturb Restrictive Covenant for slope protection and geotechnical setbacks; v. Municipal water provision to serve existing residential structure from River Road; vi. Registration with Fraser Health for septic disposal and water quality; and registration of a Restrictive Covenant for the protection of the septic field areas; vii. Decommissioning of existing water well on site; and viii. That a voluntary contribution, in the amount of $7,100.00, or such applicable rate, be provided in keeping with the Council Policy 6.31 with regard to Community Amenity Contributions. DISCUSSION: 1. Background Context: Applicant: Legal Description: OCP: Existing: Proposed: Within Urban Area Boundary: OCP Major Corridor: Zoning: Existing: Proposed: Surrounding Uses: North: Use: Zone: Designation: South: Use: Zone: Designation: 2014-040-RZ Hue I Yun Lot 7 Except: Part in Plan LMP28323; District Lot 407 Group 1 New Westminster District Plan 33984. Rural Residential Suburban Residential No Yes RS-3 (Single Detached Rural Residential) RS-2 (Single Detached Suburban Residential) Rural Residential RS-3 Single Detached Rural Residential Industrial 2 Properties, Residential Use RS-2 Single Detached Suburban Residential and RS-3 Single Detached Rural Residential Industrial and Rural Residential Page 2 of 6 East: West: Use: Zone Designation: Use: Zone: Designation: Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing: Flood Plain: Fraser Sewer Area: 2. Background: Residential RS-2 Single Detached Suburban Residential Rural Residential Residential RS-3 Single Detached Rural Residential Industrial Rural Residential Suburban Residential 0.805 ha (2 acres) Future access will be off River Road cul-de-sac Rural Standard No No This proposal dates to 2014. Initial delays in application processing were due to a number of factors, including changes in the applicants, and required senior agency consent (Ministry of Transportation and Infrastructure). First reading went before Council in 2016 and was deferred, in order to first explore the feasibility of potential industrial uses of the site. A lengthy public process ensued, which included re-designating the site from Suburban Residential to Rural Residential in the Official Community Plan. This re-designation meant that the proposed RS-2 (Single Detached Suburban Residential) zone and two lot subdivision would no longer be permitted, due to inconsistency between this zone and the property's recent land use re-designation to Rural Residential. In February 2019, Council considered the previously deferred rezoning application (2014-040-RZ) that reflected the original proposal for a two lot subdivision of RS-2 parcels on the subject property. The report recommended denial, due to the inconsistency between the proposed RS-2 zone and the revised land use designation. However, Council directed staff to commence bylaw introduction for the proposal, thereby requiring an OCP amendment to change the land use designation back to Suburban Residential. First reading was granted on April 23, 2019, for rezoning the subject property to RS-2 (Single Detached Suburban Residential). 3. Project Description: This application proposes to rezone the subject property from RS-3 (Single Detached Rural Residential) to RS-2 (Single Detached Suburban Residential). The minimum parcel size in the proposed RS-2 zone is 0.4 hectares or 1 acre. The existing residence on the property will remain; however, it will be required to be connected to municipal water as a condition of the proposed RS-2 zoning as required in the Subdivision and Development Servicing Bylaw. In addition, Ministry of Transportation (MOTi) requirements include removing the existing access off Lougheed to create a new access to River Road to serve both proposed lots. An access agreement will be required at the time of subdivision to provide access to both lots (See Appendix E). 2014-040-RZ Page 3 of 6 4. Planning Analysis: i) Official Community Plan: The development site is designated Rural Residential and is outside the Urban Area Boundary. For the proposed development an OCP amendment will be required to re-designate the site to Suburban Residential to allow the proposed RS-2 (Single Detached Suburban Residential) zoning. Although this development proposal is inconsistent with current the land use designation of the subject property, the site context includes a combination of rural and suburban residential uses and zoning. Only one additional lot is possible on the site, and therefore this proposal is consistent with the site context. Furthermore, this proposal is consistent with the previous Suburban Residential designation that applied to the site at the time of the original application. On this basis, this proposal is supportable. ii) Zoning Bylaw: The proposed RS-2 (Single Detached Suburban Residential) zoning has a minimum parcel size of 0.4 hectares or 1 acre. The proposed subdivision is attached as Appendix E and conforms to size and lot geometry requirements. iii) Off-Street Parking and Loading Bylaw: The Off-Street Parking and Loading Bylaw No. 4350-1990 requires that all single detached residential uses have a minimum of two parking spaces per dwelling unit. iv) Development Permits: Pursuant to Section 8.10 of the OCP, a Natural Features Development Permit application is required for all development and subdivision activity or building permits for: • All areas designated Conservation on Schedule "B" or all areas within 50 metres of an area designated Conservation on Schedule "B", or on Figures 2, 3 and 4 in the Silver Valley Area Plan; • All lands with an average natural slope of greater than 15 percent; and • All floodplain areas and forest lands identified on Schedule "C" to ensure the preservation, protection, restoration and enhancement of the natural environment and for development that is protected from hazardous conditions. There is a steep slope on the western portion of the site that will be protected with a slope covenant. 5. Environmental Implications: The applicant has provided an Arboriculture Inventory Report for inclusion with the Tree Retention and Removal Plan in support of this development. 6. Traffic Impact: As the subject property is located within 800 metres of the Lougheed Highway, a referral has been sent to the Ministry of Transportation and Infrastructure. Ministry approval of the Zone Amending 2014-040-RZ Page 4 of 6 Bylaw will be required as a condition of final reading. At this time, the Ministry has indicated that access for both parcels will need to be from River Road. An access easement on proposed Lot 1 will be required to achieve this objective at the time of subdivision. 7. Interdepartmental Implications: i) Engineering Department: ii) The Engineering Department has indicated that all required services are available off-site, and therefore a rezoning servicing agreement is not required. • Road access must be taken off the River Road cul-de-sac for both lots. At the time of subdivision, an access easement against proposed Lot 1 to serve Lot 2. • At the time of subdivision, both proposed lots must access the municipal water system connection on River Road. Fire Department: The required access easement off proposed Lot 1 will need to meet Fire Department requirements for access and egress to both residences. 8. 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, the response is attached as Appendix F. 9. 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, from Rural Residential to Suburban Residential 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. 10. Citizen/Customer Implications: Opportunities for public input will be provided with the required Public Hearing, to take place after second reading is granted by Council. 2014-040-RZ Page 5 of 6 CONCLUSION: It is recommended that first and second reading be given to Official Community Plan Amending Bylaw No. 7883-2022, that second reading as amended be given to Zone Amending Bylaw No. 7221-2016, and that application 2014-040-RZ be forwarded to Public Hearing. "Original signed by Diana Hall" Prepared by: Diana Hall Planner 2 "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 -Official Community Plan Amending Bylaw No. 7883-2022 Appendix D -Zone Amending Bylaw No. 7221-2016 Appendix E -Subdivision Plan Appendix F -School District No. 42 Response 2014-040-RZ Page 6 of 6 CITY OF MAPLE RIDGE BYLAW NO. 7883-2022 A Bylaw to amend the Official Community Plan Bylaw No. 7060-2014 APPENDIXC 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 "B" to the Official Community Plan; NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows: 1. This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending Bylaw No. 7883-2022". 2. Schedule "B11 is hereby amended for that parcel or tract of land and premises known and described as: Lot 7 Except: Part in Plan LMP28323; District Lot 407 Group 1 New Westminster District Plan 33984 and outlined in heavy black line on Map No. 1066, 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 P 48367 Rem 8 Rem 1 Rem.2 P 72047 P 11584 Rem 1 LMP 35728 / Urban Area Boundary P 3767 Rem 16 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING Bylaw No. Map No. From: To: MAPLE RIDGE British Columbia 7883-2022 1066 Rural Residential Suburban Residential Urban Area Boundary ~ N SCALE 1 :2,500 CITY OF MAPLE RIDGE BYLAW NO. 7221-2016 A Bylaw to amend Schedule 'A' Zoning Map forming part of Zoning Bylaw No. 7600-2019 as amended APPENDIX D WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 7600-2019 as amended; NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows: 1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7221-2016." 2. That parcel or tract of land and premises known and described as: Lot 7 Except: Part in Plan LMP28323; District Lot 407 Group 1 New Westminster District Plan 33984 and outlined in heavy black line on Map No. 1663 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to RS-2 (Single Detached Suburban 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 23rd day of April, 2019. READ a second time as amended the PUBLIC HEARING held the READ a third time the day of day of day of ,20 ,20 ,20 APPROVED by the Ministry of Transportation and Infrastructure this day of ,20 ADOPTED, the day of ,20 PRESIDING MEMBER CORPORATE OFFICER P 48367 Rem 8 Rem 1 P 23833 P 33984 Rem 7 Rem. 2 P 72047 MAPLE RIDGE ZONE AMENDING Bylaw No. Map No. From: To: MAPLE RIDGE British Columbia 7221-2016 1663 RS-3 (Single Detached Rural Residential) RS-2 (Single Detached Suburban Residential) Urban Area Boundary LMP 35728 / Urban Area Boundary lrt,z,, so,e f?t-i,, <169;,, P 11584 Rem 1 P 3767 Rem 16 l\ N SCALE 1 :2,500 ® A Plan 22~77 SCALE f 500 0 25 50 m e---.--...-' I <o{.t, ~A ~/eed ~-~,,,,,,.~ Rem 1 Plan 72047 ~;,. e,..... ~ 000' @ Terra Pacific Land Surveying Ltd 22371 Sl Anne Avenue, Maple Ridge, BC Phone: 604-463-2509 Fax: So+-463-4501 Client: Yun Hue IL Project: 24138 Lougheed Highway Maple Ridge, BC Drawing 77tle: Proposed Subdivision Over Lot 7 Except: Part In Plan LMP28323; District Lot 407 Group 1 N WD Plan 33984 File: MRff-672 Proposed Sub Sketch_REV_slope shading Legend: Corlllf•d Corroct This 20th Ooy Of January, 2016 Ground Elevation f-Guy Mn, . Monitoring IY'0/1 ? Power Pale (!l) Gas Marlcttr Mlk• Bomomann. Bct.S > -0 -c rn z 0 )( m TO: FROM: SUBJECT: City of Maple Ridge His Worship Mayor Michael Morden and Members of Council Chief Administrative Officer Development Variance Permit Development Permit MEETING DATE: FILE NO: MEETING: October 18, 2022 2019-426-DVP /DP cow 24877, 24909, 24929, 24947, 24979, 24985, and 24989112 Avenue EXECUTIVE SUMMARY: A Development Permit application has been submitted for the subject properties, located at 24877, 24909, 24929, 2494 7, 24979, 24985, and 24989 112 Avenue. The development proposal is for the construction of 165 townhouse units. This application is subject to the Multi-Family Development Permit Area Guidelines, which establish the form and character of multi-family development, with the intent to enhance the existing neighbourhood with compatible housing styles that meet diverse needs and minimize potential conflicts on neighbouring land uses. In addition to the Multi-Family Development Permit, the applicant has requested several variances to accommodate the proposed development. It should be noted that the application had first reading under the previous Zoning Bylaw No. 3510-1985 and before the Off-Street Parking Bylaw No. 4350-1990 was amended with minimum internal garage dimensions and minimum apron parking dimensions, therefore the application is deemed to be grandfathered and was not required to meet the current regulations based on the detailed design that was required between first and second reading. A summary of the requested variances is provided below: i. Off-Street Parking and Loading Bylaw No. 4350-1990: o To reduce the minimum driveway apron width and internal finished garage dimensions; ii. Zoning Bylaw No. 7600-2019: o To reduce the minimum required percentage of permeable area; o To reduce the minimum front yard setback; o To reduce the minimum rear yard setback; o To reduce the minimum interior yard setback; and o To increase the number of attached units in one block. Council considered rezoning application 2019-426-RZ and granted first reading for Zone Amending Bylaw No. 7608-2020 on March 10, 2020. Council granted first and second reading for Official Community Plan Amending Bylaw No. 7607-2020 and second reading for Zone Amending Bylaw No. 7608-2020 on June 28, 2022. This application was presented at Public Hearing on July 19, 2022, and Council granted third reading on July 26, 2022. Council will be considering final reading for rezoning application 2019-426-RZ on October 25, 2022. 2019-426-DVP /DP Page 1 of 7 1104 RECOMMENDATIONS: 1. That the Corporate Officer be authorized to sign and seal 2019-426-DVP respecting properties located at 24877, 24909, 24929, 24947, 24979, 24985, and 24989 112 Avenue;and 2. That the Corporate Officer be authorized to sign and seal 2019-426-DP respecting properties located at 24877, 24909, 24929, 2494 7, 24979, 24985, and 24989 112 Avenue. DISCUSSION: a) Background Context: Applicant: Legal Descriptions: OCP: Existing: Proposed: Zoning: Existing: Proposed: Surrounding Uses: North: Use: Zone: Designation: South: Use: Zone: Designation: East: Use: Zone: Designation: West: Use: Zone: Designation: Existing Use of Properties: Proposed Use of Properties: Site Area: Access: Servicing requirement: 2019-426-DVP /DP EPIC NE Albion Homes Ltd. Lot 1 Section 14 Township 12 New Westminster District Plan 68269; Lot A Section 14 Township 12 New Westminster District Plan 72158; Lot 52 Section 14 Township 12 New Westminster District Plan 36865; Lot 1 Section 14 Township 12 New Westminster District Plan 69242; Lot 1 Section 14 Township 12 New Westminster District Plan 72997; Lot 78 Section 14 Township 12 New Westminster District Plan 69240; and Lot 56 Section 14 Township 12 New Westminster District Plan EPP114521 Townhouse and Conservation Townhouse and Conservation RS-3 (Single Detached Rural Residential) RM-1 (Low Density Townhouse Residential) Kanaka Creek Regional Park RS-3 (Single Detached Rural Residential) Park and Park within the ALR Single Family Residential RS-3 (Single Detached Rural Residential) Townhouse Conservation and Single Family Residential RS-3 (Single Detached Rural Residential) Conservation and Single Family Single-Family Residential RS-3 (Single Detached Rural Residential) Townhouse Single-Family Residential Multi-Family Residential 3.67 ha (9.1 acres) 112 Avenue Urban Standard Page 2 of 7 b) Project Description: The subject properties are located on the north side of 112 Avenue, at the end of Lockwood Street (see Appendices A and B). The properties are currently vacant, with some steep slopes and a watercourse. The applicant is proposing to rezone the subject properties from the RS-3 (Single Detached Rural Residential) zone to develop approximately 165 townhouse units under the RM-1 (Low Density Townhouse Residential) zone. Out of the 165 units, 34 are four-bedroom units, 80 are three-bedroom units, and 51 are two-bedroom (tandem garage) units. c) Planning Analysis: Official Community Plan The subject properties are located within the North East Albion Area Plan, which was recently adopted at the September 27, 2022, Council meeting, and were recently re-designated as Townhouse and Conservation within the Official Community Plan (OCP). The development is subject to the Key Guidelines and the Design Guidelines of Section 8. 7 Multi-Family Development Permit Area Guidelines. The purpose of a Multi-Family Development Permit is to enhance existing neighbourhoods with compatible housing styles that meet diverse needs and minimize potential conflicts on neighbouring land uses. The Key Guideline Concepts and the Architect's responses are provided below: 1. New development into established areas should respect private spaces, and incorporate local neighbourhood elements in building form, height, architectural features and massing. "Setbacks have been provided with landscaped yards to help with privacy. Buildings have been designed to limit the number of units that would overlook neighbouring residential properties. The form and character of the development is a contemporary take on a farmhouse vernacular, which ties into the character of the neighbourhood." 2. Transitional development should be used to bridge areas of low and high densities, through means such as stepped building heights, or low-rise ground-oriented housing located to the periphery of higher density developments. "The development addresses the sloping site by stepping the buildings as to not overpower neighbouring properties. The 112 Avenue fronting buildings appear as a 2 storey massing to the East of the site and gradually increase to 3 storeys as the buildings move West down the slope of the site. The remainder of the site increases in density to 3 storeys in height. See proposed streetscapes. The new single family development to the East has 3 storey facades transitioning to the town homes on this site." 3. Large scale developments should be clustered and given architectural separation to foster a sense of community, and improve visual attractiveness. "Buildings have been sited to create varied streetscapes with architectural details and colour, as well as providing clusters of buildings on site which allow for pockets of greenery and landscaped spaces." 2019-426-DVP/DP Page 3 of 7 4. Pedestrian circulation should be encouraged with attractive streetscapes attained through landscaping, architectural details, appropriate lighting and by directing parking underground where possible or away from public view through screened parking structures or surface parking located to the rear of the property. "The development provides an attractive streetscape using street fronting buildings with individual unit entries and landscaped front yards. The use of details such as individual front porches, standing seam metal roofs, architectural wood columns and trim will add visual interest to those passing by the site. Parking is located internally on the site, with most parking being located within private garages. The site is surrounded to the north, west and east with a 3m multi-use trail and a pedestrian sidewalk/large boulevard along 112 Avenue." Based on the above information, the proposed development complies with the Key Guideline Concepts of the Multi-Family Development Permit Area Guidelines and can be supported. Zoning Bylaw The application proposes to rezone the subject properties from the RS-3 (Single Detached Rural Residential) zone to develop approximately 165 townhouse units under the RM-1 (Low Density Townhouse Residential) zone (see Appendix C). The RM-1 (Low Density Townhouse Residential) zone allows for a floor space ratio (FSR) of 0.6; however a density bonus up to a maximum of 0.75 may be permitted for a contribution rate of $3,100 per unit up to an FSR of 0.75. This development has a proposed FSR of 0.69, therefore a density bonus contribution will be required in the amount of $511,500.00 as a condition of rezoning. The proposed 165 units are to be developed within 34 blocks and built out over approximately seven phases, with the indoor amenity building being constructed in the fifth phase. An amendment to the RM-1 (Low Density Townhouse Residential) zone has been added to Zone Amending Bylaw No. 7608-2020, to allow for a taller amenity building to provide the required Amenity Area, with appropriate setbacks which are proposed to be 7.5m (24.6 ft.). The Indoor Amenity Building for this development is proposed to be 8.4m (27.6 ft.) in height, with a minimum setback of 7.6m (24.9 ft.) from the nearest townhouse block. Variations from the requirements of the proposed zone require a Development Variance Permit application, as discussed below. Off-Street Parking and Loading Bylaw The Off-Street Parking and Loading Bylaw No. 4350-1990 requires two parking spaces per dwelling unit, plus 0.2 parking spaces per dwelling unit designated for visitor parking. Based on 165 units, 330 parking spaces are required for the residents, with an additional 33 spaces required for visitor parking, and five accessible parking spaces. The development is meeting the parking requirements of the Off-Street Parking and Loading Bylaw, with an additional 17 visitor parking spaces provided, for a total of 50 visitor parking spaces. 2019-426-DVP/DP Page 4 of 7 d) Proposed Variances A Development Variance Permit application has been received for this project and involves several relaxations based on the current bylaws. It should be noted that the application had first reading under the previous Zoning Bylaw No. 3510-1985 and before the Off-Street Parking Bylaw No. 4350-1990 was amended with minimum internal garage dimensions and minimum apron parking dimensions, therefore the application is deemed to be grandfathered and was not required to meet the current regulations based on the detailed design that is required between first and second reading. In order to provide consistency between previous and current regulations, the variances are described below according to the current regulations (see Appendix D): i. Off-Street Parking and Loading Bylaw No. 4350-1990: • Part IV Off-Street Parking Design, 4.1 vii) For Townhouse units with an enclosed single-car parking garage in tandem configuration in the RM-1 zone: o to reduce the minimum driveway apron width from 3.0 m (9.8 ft.) to 2.8 m (9.2 ft.) in width; o to reduce the internal finished garage dimensions from 3.7 m (12.1 ft.) in width to 3.0 m (9.8 ft.) o to reduce the internal finished garage dimensions from 6.7 m (22.0 ft.) in length to 6.2 m (20.3 ft.); • Part IV Off-Street Parking Design, 4.1 viii) a) For Townhouse units with an enclosed double-car parking garage in a side-by-side configuration in the RM-1 zone: o to reduce the internal finished garage dimensions from 6.5 m (21.3 ft.) in width to 5.6 m (18.4 ft.) for A-type units, and to 5.0 m (16.4 ft.) in width for B-type units; o to reduce the internal finished garage dimensions from 6.7 m (22.0 ft.) in length to 5.7 m (18.7 ft.) for A-type units, and to 5.8 m (19.0 ft.) for B-type units. ii. Zoning Bylaw No. 7600-2019: • Part 4 -General Regulations, Section 405 Landscaping and Fencing Regulations o To reduce the minimum required percentage of permeable area for any Residential zoned lot from 40% to 38.4%. • Part 4 -Residential Zones, Section 617 RM-1 Low Density Townhouse Residential o To reduce the minimum front yard setback (112 Avenue) from 7.5 m (24.6 ft.) to 5.03 m (16.5 ft.) to the deck and 4.68 m (15.4 ft.) to the roof overhang, and to 6.0 m (19.7 ft.) to the building face for proposed Blocks 1, 2, 5, 32, 33, and 34; o To reduce the minimum rear yard setback from 7.5 m (24.6 ft.) to: Block Setback to Setback to Deck Setback to Setback to Bay Number Building Face Eaves Window 10 5.00m (16.4 ft.) 4.41m (14.5 ft.) 3.95m (13.0 ft.) 4.61m (15.1 ft.) 11 5.00m (16.4 ft.) NA 4.53m (14.9 ft.) NA 14 5.00m (16.4 m) 4.41m (14.5 ft.) 3.98m (13.1 ft.) 4.93m (16.2 ft.) 15 5.00m (16.4 ft.) 4.43m (14.5 ft.) 4.30m (14.1 ft.) 4.84m (15.9 ft.) 17 3.27m (10.7 ft.) 4.56m (15.0 ft.) 2.31m (7 .6 ft.) 2.98m (9.8 ft.) 23 4.60m (15.1 ft.) 4.84m (15.9 ft.) 3.38m (11.1 ft.) 4.12m (13.5 ft.) 24 5.00m (16.4 ft.) 4.41m (14.5 ft.) 4.32m (14.2 ft.) 4.82m (15.8 ft.) 2019-426-DVP/DP Page 5 of 7 o To reduce the minimum interior yard setback from 7.5 m (24.6 ft.) to: Block Number Setback to Setback to Setback Setback to Bay Windows Building Face Deck to Eaves 25 (west side) 5.00m (16.4 ft.) 4.43m 4.37m 4.83m (15.8 ft.) (14.5 ft.) (14.3 ft.) 26 (west side) 5.00m (16.4 ft.) 4.34m 4.40m NA (14.2 ft.) (14.4 ft.) 29 (west side) 5.00m (16.4 ft.) 4.72m 4.37m NA (15.5 ft.) (14.3 ft.) 30 (west side) 5.00m (16.4 ft.) 5.05m 4.49m NA (16.6 ft.) (14.7 ft.) 31 (west side) 4. 73m (15.5 ft) 3.78m 3.90m 4.50m (14.8 ft.) (12.4 ft.) (12.8 ft.) 7 (east side) 5.00m (16.4 ft.) 4.49m 4.29m 4.81m (15.8 ft.) (14.7 ft.) (14.1 ft.) 9 (east side) 5.00m (16.4 ft.) 4.50m 4.29m 4.82m (15.8 ft.) (14.8 ft.) (14.1 ft.) o To increase the number of attached units in one block from six up to seven attached units for proposed Blocks 1, 5, 20, 32, 33, 34; and up to eight attached units for proposed Block 2. e) Advisory Design Panel: The application was reviewed by the Advisory Design Panel (ADP) at a meeting held on February 16, 2022 and their comments and the applicant's responses can be seen in Appendix E. The ADP's resolutions have been addressed appropriately and are reflected in the current plans (see Appendices F and G). f) Citizen/Customer Implications: The Public Comment Opportunity (PCO) was held between March 5 and March 24, 2022. The required date range was extended to account for the School District's Spring Break, providing an extra week for comment, to allow residents time to respond prior to the Spring Break beginning. A summary of the main comments and discussions with the participants during the PCO was provided by the applicant (see Appendix H). The public also had the opportunity to provide comments at the Public Hearing, held on July 19, 2022. g) Financial Implications: In accordance with Council's Landscape Security Policy, a refundable security equivalent to 100% of the estimated landscape cost will be provided to ensure satisfactory provision of landscaping in accordance with the terms and conditions of the Development Permit. Based on an estimated landscape cost, the security will be $678,438.50. 2019-426-DVP/DP Page 6 of 7 CONCLUSION: As the development proposal complies with the Multi-Family Development Permit Area Guidelines of the Official Community Plan for form and character, it is recommended that 2019-426-DVP and 2019-426-DP be given favourable consideration. "Original signed by Mark McMullen" for 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 -Site Plan Appendix D -Proposed Variances Appendix E -ADP Comments and Applicant Responses Appendix F -Architectural Plans Appendix G -Landscape Plans Appendix H -Public Comment Opportunity Summary 2019-426-DVP /DP Page 7 of 7 ····---·---'i,,£. ,,_,,> .:·,;. ti ::r~~ -_:..\ ---\ \\ APPENDIX C lr---i I ·--~ APPENDIX E The following resolution Was passed regarding 2019-426-DP at the February 16, 2022 Regular Meeting of the Advisory Design Panel (ADP) .. R/2021-020 It was moved and seconded That the Advisory Design Panel has reviewed application 2019-426-DP and recommends that The application be supported and the following concerns be addressed as the design develops and submitted to Planning staff for follow-up: Architectural Comments: 11 Consider including amenity building in phase one; Per our June 12 meeting, the amenity building has been proposed in the 5th phase 11 Consider equal colour distribution throughout the site; Color schemes have been revised and redistributed throughout site 11 Consider increasing front yard setbacks; The setback is still consistent with 6m under the old zoning bylaw (now 4.Sm). See further comments in February 24 email • Consider opportunity for visible pedestrian access in southeast corner; The emergency access material has been modified to emphasize a pedestrian corridor from 112th to the interior of the site • Ensure architectural language is consistent on all four sides of elevations. Elevations have been revised on Buildings with the gambrel roof (B units) per ADP comments Landscape Comments: • Increase 112 Avenue setback areas to improve usability of yard spaces; Same issue as setbacks above. The private outdoor space for the units fronting 112th Avenue is 5 times the bylaw requirement • Consider additional stormvyater management through green infrastructure on the site; In the VDZ drawings, the stormwater management infrastructure has been highlighted. This is the plan that was approved after extensive review with engineering to comply with NE Albion LUP SWM requirements • Consider incorporating additional street trees on the internal road system; Street trees have been added internally between buildings along the roads • Consider providing additional landscaping to screen tandem parking; This is not possible as the C unitsmain floor is cantilevered over top of the single exterior parking stall. • Consider the incorporation of childrens' programming in the space next to the amenity building as well as the distribution of childrens' programming throughout the phasing of the development. To the north of the amenity building, there has been a new children's amenity area added with features including canoe and play houses CARRIED UNANIMOUSLY Thank you for your time, 2 EPIC HOMES March 25, 2022 City of Maple Ridge 11995 Haney Place Maple Ridge, BC V2X 6A9 Attn: Michelle Baski Re: Summary of Public Opportunity Comment Period for 2019-426-RZ APPENDIX.H In conjunction with the above-noted rezoning application and per the amended Public Comment Opportunity-Developer Process guidelines, Epic NE Albion Homes Ltd. held an open comment opportunity period from Monday, March 5 to Thursday, March 24. Per the guidelines, the public comment opportunity was advertised in two consecutive editions of the Maple Ridge News (March 4 & March 11), posted via the onsite signage, and mailers were sent out to all residents within 100m of the development site. For your records, copies of the material above have been attached to this letter. Throughout the public comment opportunity period, Epic Homes received two inquiries directly: 1. On March 10th, a resident emailed asking for a site plan that was clearer than the ad in the paper. A site plan was provided, and the resident did not offer any further comments. 2. On March 14th, a resident phoned requesting information on the OCP amendment. The question was answered when it was confirmed that the OCP amendment on this application was to match the designations and densities approved in the NE Albion Land Use and Servicing Concept Plan. The resident was a resident of Grant Hill and was familiar with the approved NE Albion plan. In addition, the planning department received a letter dated March 21, 2022. A response to those queries would be that the application is consistent with the newly approved NE Albion Official Community Plan Amendment and that City water and sanitary sewers will be provided to the development via future rezoning servicing agreements. Outside of the items above, we did not receive any additional inquiries or comments. Should you have any additional questions or concerns, please do not hesitate to contact the writer directly. I trust the above and enclosed to be in order. Kind Regards, Epic NE Albion Homes Ltd. Ll~ Cole Lambert 201 -20050 Stewart Crescent, Maple Ridge, BC, V2X OJ4 I www.epichomes.info I 604-465-6886 /, . I V'e ~ 't,?e::U)V} iJtJ_? rlPP //(!.tlc/DJJ :ZD;L:j -'Y':Zh R. z PuA J/c__ CDt'Yf rvJ enf ·::r quest/on rh e... w{sa1oM of-t-~ t5 elev e l!J p·m ~vzt. 'it, Th/.5 i~C!.,aJst~V) ~ _.T f :~ ve.vy e/L?e· ~ l'(6-v14-l{rt Cr·~e/,( le.Y) d W «it (2.( [ VV{ {Lre cLf'\ a.(,'.:J' ~ 1,.t: /1/{ C~· _b-e,. c¢:.-C-Y' l5 fC .:c .r olav/1 e:xpe.(!;f:: t~eV' e_ 'is y--Oov11 PcJr :3CJ_,pl-f ~ +c1u""-\15 ax)d .-fl ,'.qjd_3 " WV\Ct&-U)! I( /,trJef]fJ,e,.yz "TD ·fh,~ '--9· e~uJ rt{} e_ ? :~ ~ ·tu he.re.-u.,>[L{ ,t~e,, d~~vt/«:_i~1 L,Uc~fey--<Lvvrt0 {iV'-6~1,_? :1-f ~ ·-, h0 /p_s_s oP frees flc~)"·1trt'-~ ului:a ~l ( m[k_k d ha 11.,:Je &1,.rcol ~J a>r' h eo_J·f-/1 . . 5:, 'fhe. o{e_<!-(SIDV\ ~ c:i/e~ve(o.p North /f(b J,LHJ ;5 0 h D'({:-._S lJ ~-ff'_c{ TO: FROM: SUBJECT: City of Maple Ridge His Worship Mayor Michael Morden and Members of Council Chief Administrative Officer Development Permit 23004 Dewdney Trunk Road EXECUTIVE SUMMARY: MEETING DATE: FILE NO: MEETING: October 18, 2022 2021-564-DP cow A Commercial Development Permit application for form and character has been received for the subject property, located at 23004 Dewdney Trunk Road. This Commercial Development Permit application is to allow a three-storey mixed-use commercial and residential building, with three ground-floor commercial units and two-storeys above with 10 apartment units. The subject property was rezoned to the C-2 (Community Commercial) zone in 2017. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal 2021-564-DP respecting property located at 23004 Dewdney Trunk Road. DISCUSSION: a) Background Context: Applicant: Legal Description: OCP: Existing: Proposed: Zoning: Existing: Proposed: Surrounding Uses: North: Use: Zone: Designation: South: Use: Zone: Designation: East: Use: Zone: Designation: West: Use: Zone: Designation: 2021-564-DP P. Smith Parcel A (Reference Plan 7941) Lot 1, Except: Part Dedicated Road Plan NWP87590, Section 17 Township 12 NWD Plan 3179 Commercial Commercial C-2 (Community Commercial) C-2 (Community Commercial) Commercial (Optometrist, Spa, Office) CD-2-95 (Comprehensive Development) Commercial Single-Family Residential RS-1 (Single Detached Urban Residential) Urban Residential Seniors' Housing RE (Elderly Citizens Residential) Urban Residential Single-Family Residential RS-1 (Single Detached Urban Residential) Urban Residential Page 1 of 6 1105 Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing requirement: a) Project Description: Vacant Three Commercial Units, Ten Apartment Units (five of which will be rental) 892 m2 (0.2 acres) 230 Street Urban Standard 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 subject property was rezoned to the C-2 (Community Commercial) zone on November 14, 2017. At that time, the development proposal was for a two-storey mixed-use building, with two rental units above. The Development Permit that was approved under application 2016-352-DP expired, and a new owner has purchased the property. In addition, Council has since approved the Density Bonus provision along Major Corridors, that allows for an additional storey at this location, with the cash contribution under the current C-2 (Community Commercial) zoning. The applicant is therefore applying for a three-storey mixed use commercial and apartment building, which is permitted under the existing zone. As a condition of the re-designation from Urban Residential to Commercial as part of the rezoning application 2017, two rental units were required to be provided and secured through a Housing Agreement. The development proposal has increased in scale, therefore the applicant is able to provide five rental units on the second storey, and five units which may be strata-titled on the third storey. This change legally requires a bylaw to discharge the existing Housing Agreement for the two rental units on title, and a new Housing Agreement for the five rental units will replace the former agreement. As the minimum number of required rental units is still being met with the change in the proposal does not require it to go back to a Public Hearing. Council received the report for the existing Housing Agreement Discharge Bylaw No. 7876-2022 and for the new Housing Agreement Bylaw No. 7877-2022 at Committee of the Whole on October 4, 2022. Should Council grant first, second, and third readings to these Housing Agreement Bylaws, it is anticipated that final reading to the bylaws will coincide with the approval of this subject Development Permit. b) Planning Analysis: Official Community Plan The subject property is currently designated Commercial in the Official Community Plan (OCP). A Commercial Development Permit is required for all new development on land designated Commercial on Schedule B of the OCP. Section 8.5, Commercial Development Permit Area Guidelines of the OCP aims to regulate the form and character of development located within this area. This development respects the key guideline concepts as outlined in this section, along with the Project Architect's comments: 2021-564-DP Page 2 of 6 1. Avoid conflicts with adjacent uses through sound attenuation, appropriate lighting, landscaping, traffic calming and the transition of building massing to fit with adjacent development. "The building is intended to fit within the zoning which allows increased density and height. only the rooftop exiting and elevator will extend beyond the height allowance and is noted in the drawings, and is a permitted siting exception. Landscaping buffers and extensive planting are used around the property. Car access is located off of 230 Street to the rear of the site to prevent traffic issues on Dewdney Trunk. Sound and visual privacy for the roof decks are provided through the use of landscaping and using the building core to shield the rooftop amenity area from neighbours to mitigate sound and visual overlook. The rooftop amenity is also located away from the building edges as much as possible to prevent overlook issues. The building is also located closer to Dewdney Trunk Road to provide greater separation between the building and the adjacent residential properties to the south of the site. 2. Encourage a pedestrian scale through providing outdoor amenities, minimizing the visual impact of parking areas, creating landmarks and visual interest along street fronts. "The design incorporates a patterned facade to create visual interest with colour added at windows for further interest. High quality materials will be used. Brick will be used at the ground floor and core elements the provide a durable and attractive facade treatment. Parking areas are shielded from view by landscaping." 3. Promote sustainable development with multimodal transportation circulation, and low impact building design. "The building has provided for bicycle parking for the residents and commercial staff in the parkade. The site also allows for easy access to existing public transit on Dewdney Trunk. An area for temporary bicycle parking for 6 bicycles has been provided adjacent to CRU 1 in the east edge of the ground floor." 4. Respect the need for private areas in mixed use development and adjacent residential areas. "The design seeks to mitigate privacy issues by using landscaping to provide visual separation and placing public areas away from edges. The commercial spaces are placed along Dewdney Trunk and 230 Street so that they address the streets where the public will access the commercial units." 5. The form and treatment of new buildings should reflect the desired character and pattern of development in the area by incorporating appropriate architectural styles, features, materials, proportions and building articulation. "This design has sought to create an attractive building with a mix of durable materials which reflect its stature as a gateway building at the eastern end of the Dewdney Trunk downtown. Materials have been chosen to reflect a high standard of finish while providing durability appropriate to the use of the building. The building has been proportioned to meet both the zoning and respond to the local scale so as to not overwhelm the residential buildings in the area but respecting the growing need for density along Dewdney Trunk Road." On the above basis, the proposed project generally complies with the Development Permit Area key guideline concepts. 2021-564-DP Page 3 of 6 Zoning Bylaw: The current application is in compliance with the regulations within the C-2 (Community Commercial) zone, no variances are required. A Density Bonus contribution in the amount of $52,975.00 (based on 328.1m2 at $161.46/m2, or 3,532 ft2 at $15.00/ft2) is required for the third storey, as permitted under the existing C-2 (Community Commercial) zone. Off-Street Parking and Loading Bylaw: The Off-Street Parking and Loading Bylaw requires one parking space per 30m2 gross floor area for a retail and/or professional service use; one 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 188.6m2, requiring seven parking spaces. The ten apartment units require 10 concealed parking spaces for residents and two concealed spaces for visitors. For this development, the required seven parking spaces are provided for the commercial uses at grade, including one accessible space, and 12 parking spaces are provided underground for the residents and visitors. Therefore, the requirements of the Off-Street Parking and Loading Bylaw have been achieved. c) Advisory Design Panel: The Advisory Design Panel (ADP) reviewed the development plans for form and character of the proposed development and the landscaping plans at a meeting held on July 20, 2022. The Panel provided the following resolutions, which have since been resolved, as outlined below by the project architect, and demonstrated on the attached plans (see Appendices C and D): Architectural Comments: 1. Garbage area disconnect from building, suggest exploring relocating closer to building for better weather protection The garbage area has been relocated under the building at the surface parking with internal access for residents. This resulted in the Joss of a parking space but there had been one extra which was no longer needed. A truck tum-around is still provided for 3-point turns, as required. 2. Suggest providing convenience access to stairs from residential lobby We have provided a new vestibule at the exit stairs at the ground floor to allow for stair access internally for residents in the building. This will require fob access for security. 3. Confirm PMT location over parkade slab with BC Hydro We have reached out to two separate Electrical Engineers, and both indicated that BC Hydro allows pull pits and PMT's above parkades. We have attached a cut sheet of a detail similar to what we will be proposing. Therefore, we feel the PMT can remain as placed. 4. Consider bedrooms between outdoor amenity area to have window treatments for privacy Bedrooms at 2nd floor Amenity Deck will have landscape screens and internal window treatments for privacy. Windows will also have tempered glass for increased security. Windows will also have minimum double panel insulated glazing units (JGU's) for sound attenuation. 2021-564-DP Page 4 of 6 5. Pedestrian level at residential lobby entrance, suggest to have different material or colour to provide easy identification Architecturally, we did not want to add a new material at the residential entry at grade. We noted in our presentation that the brick wrapping up the front fa9ade was an acknowledgement that this was the residential entry for the building. What we have provided, is a signage panel which will be backlit and have the address on it. This large lighted panel will adequately indicate the residential entry in our opinion while maintaining the original architectural intent. 6. Suggest darker colour panels on the commercial level of the zero-lot line wall to minimize visual appearance We have added thin brick face sealed to the concrete at the commercial level at the zero-Jot line fa9ade so that the commercial brick pattern wraps the entire building to signify the difference between the commercial and the residential levels. Landscape Comments: 1. Suggest improving street interface by: i. Consider additional stair into commercial level on the West side We have added a 6-foot-wide stair on the west side of the building adjacent to CRU 2 and 3 as requested. ii. Consider sitting opportunities at commercial level We have provided benches at the commercial exterior promenade for the public to sit as requested. iii. Consider introducing a terraced planter along Dewdney Trunk Road to minimize visual appearance of concrete wall A terraced planter has been included at the east end of the planter adjacent to CRU 1 to reduce the visual impact of the retaining wall at this location. 2. Suggest proving screening between barbeque amenity and cooling units Planter with screening plants have been provided between BBQ amenity and cooling units. The ADP concerns have been addressed and are reflected in the current plans. d) Environmental Implications: A stormwater management plan has been provided that meets the City's three-tier requirements outlined in the Design Criteria Manual. 2021-564-DP Page 5 of 6 e) Citizen/Customer Implications: A Development Information Meeting (DIM) was held on September 7, 2022. One resident attended the meeting and one email was received. A summary of the comments received and the applicant's response is attached to this report (see Appendix E). f) Financial Implications: In accordance with Council's Landscape Security Policy, a refundable security equivalent to 100% of the estimated landscape cost will be provided to ensure satisfactory provision of landscaping in accordance with the terms and conditions of the Development Permit. Based on the estimated landscape cost, the security will be $76,194.43. As discussed above, the development is also subject to the Density Bonus contribution under the Zoning Bylaw in the amount of $52,975.00 (based on 328.1m2 at $161.46/m2, or 3,532 ft2 at $15.00/ft2 ) which is required for the third storey. CONCLUSION: As the development proposal complies with the Commercial Development Permit Area Guidelines of the OCP for form and character, it is recommended that 2021-564-DP be given favourable consideration. "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 Photo Appendix C -Architectural Plans Appendix D -Landscape Plans Appendix E -Development Information Meeting Summary 2021-564-DP Page 6 of 6 1131 DISCUSSION: a) Background Context: The City plans to replace 236 Street watermain north of 132 Avenue and install a new feeder watermain on 132 Avenue and 237 A Street. The City retained ISL to complete the engineering design and construction support services. Construction will commence shortly after the project is awarded and is anticipated to be completed by the end of December 2022. The work generally consists of construction of approximately 690m of ductile iron watermain. The work on 236 Street replaces an existing asbestos cement watermain installed in 1969 that is at the end of its service life. The work on 132 Avenue and 237 A Street will provide a new feeder watermain that twins an existing watermain to increase system capacity to support growth, fire flow requirements and improve redundancy. Tender Evaluations An Invitation to Tender for the project was issued on August 23, 2022 and closed on September 15, 2022. Eight bids were received, listed below from lowest to highest price. Cancan Construction Ltd. Jack Cewe Construction Ltd. Clearway Construction Inc. Sandpiper Contracting Blackline Site Works Richco Contracting Ltd. Timbro Contracting (A partnership) Drake Excavating (2016) Ltd. Tender Price (excluding taxes) $ 954,767.85 $ 1,014,193.00 $ 1,040,983.00 $ 1,126,066.00 $ 1,194,495.00 $ 1,224,477.00 $ 1,296,747.27 $ 1,399,000.00 Accordingly, the evaluation team recommends proceeding with the lowest compliant bid from Cancan Construction Ltd. Staff completed reference checks on Cancan Construction Ltd. for similar work with other municipalities and reference checks confirm they are qualified to complete the work. b) Desired Outcome: The desired outcome is to manage the water network through replacement of end-of-life mains. In addition, approximately 570m of new feeder watermain on 132 Avenue and 237A Street will twin an existing watermain along this alignment to increase system capacity to support growth, fire flow requirements and improve redundancy. c) Strategic Alignment: This project supports Council's Strategic Plan to manage municipal infrastructure to provide reliability of service and Council's Strategic Priority to facilitate growth. Doc#3195970 Page 2 of 4 d) Citizen/Customer Implications: Construction will commence shortly after the project is awarded and is anticipated to be completed by the end of December 2022. The impact to traffic and residents in the neighbourhood will be minimized as much as possible. The roadways will remain open to traffic throughout construction. There will be an approved traffic management plan and traffic control personnel will be provided when required. Single-lane alternating traffic will be maintained at all times unless approved otherwise in the traffic management plan. A communications plan will be developed to ensure the general public is informed of the construction progress through the City's website, social media sources and correspondence by mail to residents that live on the corridor. e) Business Plan/Financial Implications: The project is funded through a combination of Development Cost Charges (DCCs) and the Water Capital Fund. Projected Expenditures {Excluding Taxes): Engineering Design and Construction Services (ISL) City of Maple Ridge -Waterworks/Operations (Tie-ins) Construction Contract -Cancon Construction Ltd. Construction Contingency Total Projected Cost Existing Funding Sources: Development Cost Charges (DCC) Water Capital Fund Total Existing Funding Additional Funding Required: Water Capital Fund Total Additional Funding Total Project Funding Doc#3195970 $ 100,235.00 $ 110,000.00 $ 954,767.85 $ 190,000.00 $ 1,355,002.85 $ 519,698.00 $ 645,303.00 $ 1,165,001.00 $ 190,001.85 $ 190,001.85 $ 1,355,002.85 Page 3 of 4 1132 RECOMMENDATION: That Contract ITT-EN22-5: Jim Robson Way Sanitary Sewer Forcemain (Fairgrounds to River Road), be awarded to Clearway Construction Inc. in the amount of $933,888.00 excluding taxes; and That a contract contingency of $140,337.00 be approved to address potential variations in field conditions; and That the existing WSP contract be increased by $97,775.00 to provide construction support services during the construction stage; and That the Financial Plan be amended to increase the project funding by $372,000.00 from the Sewer Revenue Fund and Development Cost Charges; and further That the Corporate Officer be authorized to execute the contract. DISCUSSION: a) Background Context: The City plans to construct a sanitary sewer forcemain on Jim Robson Way to connect the existing Fairgrounds Pump Station to a gravity trunk sewer near the intersection of River Road and McKay Avenue. The City retained WSP Group Canada Ltd. (WSP) to complete the design for this project. The work generally consists of construction of approximately 510m of sanitaryforcemain along Jim Robson Way. The project will require a trenchless crossing for the sanitary forcemain and a communication conduit, for future communications infrastructure, across Lougheed Highway and the Canadian Pacific Railway right-of-way. The project will commence in November 2022 and be completed by the end of January 2023. Tender Process An Invitation to Tender for the project was issued on August 11, 2022 and closed on September 14, 2022. Two bids were received as follows: Clearway Construction Inc. Drake Excavating (2016) Ltd. Tender Price (excluding taxes) $ 933,888.00 $ 1,584,813.00 The range of prices indicates a competitive environment and fair market value for the project. The tendering process was compliant with the City's Procurement Policy. Clearway Construction Inc. has completed similar work and reference checks confirm they are qualified to complete the work. Doc#319894 7 Page 2 of 4 b) Desired Outcome: The desired outcome is to provide a sanitary sewer forcemain from the Fairgrounds Pump Station to a gravity sanitary sewer main located on River Road and McKay Avenue. The connection at River Road and McKay Avenue provides the shortest alignment for discharge of the Fairgrounds Pump Station into the nearest gravity sanitary sewer main. c) Strategic Alignment: This project supports Council's Strategic Plan to manage municipal infrastructure to provide reliability of service and Council's Strategic Priority to facilitate growth. d) Citizen/Customer Implications: Construction will commence shortly after the project is awarded and is anticipated to be complete by the end of January 2023. Single-lane alternating traffic will be in place on Jim Robson Way during construction. There will be no impact to Lougheed Highway and the Canadian Pacific Railway right-of-way during construction as the sanitary sewer forcemain at this location will be installed using trench less construction methods. A communications plan will be developed to ensure the general public is informed of the construction progress through the City's website and social media sources. Residents who live along Jim Robson Way will be notified by mail of any construction or traffic impacts. e) Business Plan/Financial Implications: Due to market conditions, additional funds in the amount of $372,000.00 will be required from the Sewer Revenue Fund and DCCs. Project Expenditures (Excluding Taxes) Construction Support Services -WSP Construction Contract (Clearway) Contract Contingency Total Projected Cost Existing Funding Sources Development Cost Charges (2020/2021) Sewer Revenue Fund (2020/2021) Total Existing Funding Additional Funding Required Development Cost Charges Sewer Revenue Fund Total Additional Funding Total Project Funding Doc#319894 7 $ 97,775.00 $ 933,888.00 $ 140,337.00 $ 1,172,000.00 $ $ $ 334,626.40 465,373.60 800,000.00 $ 149,000.00 $ 223,000.00 $ 372,000.00 $ 1,172,000.00 Page 3 of 4 1133 Schedule A TYPE OF EXCESS OR EXTENDED SERVICE 1. ONSITE SERVICE FOR ADJACENT PROPERTY Service Total Number Tota I Cost Of Cost Per EDU's On of Equivalent Benefit EDU Benefitting Development Property Units (EDU) Sanitary 8 $95,144.00 $11,893.00 2 Sewer 3 Storm 8 $108,600.00 $13,575.00 2 Sewer 3 A total of all of the aforementioned services for each property is as follows: Legal Description Lot 10, Sec 10, TWP 12, NWD Plan 72100 RN 84317-2000-0 Lot 9, Sec 10 & 11, TWP 12, NWD Plan 72100 RN 84317-1900-9 Civic Address 24589 104 Avenue 104 70 2458 Street ATTACHMENT A Benefit Attributed By Property Excluding Subdivision Lot 10, Sec 10, TWP 12, NWD Plan 72100 RN 84317-2000-0 2 X $11,893.00 Lot 9, Sec 10 & 11, TWP 12, NWD Plan 72100 RN 84317-1900-9 3 X $11,893.00 Lot 10, Sec 10, TWP 12, NWD Plan 72100 RN 84317-2000-0 2 X $13,575.00 Lot 9, Sec 10 & 11, TWP 12, NWD Plan 72100 RN 84317-1900-9 3 X $13,575.00 Total Cost $50,936.00 $76,404.00 10445 104 AVE. -6 10582 7 10580 9 10570 8 10558 7 10548 6 10536 5 10526 10512 1 10502 2 10492 3 4 0486 0476 5 ~0466 6 7 0458 10450 8 .., 10585 i ~ 105A 1 8 1 2 3 4 11 10 0 tO "<!-"<I-N 9 10583 o:J N (0 (J") 0 0 ID (0 (0 "<I-"<I-"<I-46 N N 45 44 10579 7 10565 10570 10543 8 10529 10530 10481 . . . ..... 9' .... . . . 10469 10470· · . 10455 .. 10 ... . . &3 . . ID• 10441 "<I-• 'N. Rem N 1/2 of NE 1/4 Section 3 Township 12 N {D "<I-N 43 ATTACHMENT B AVE. o:J "<I-0 {D N t0 (0 (0 "<I-"<I-"<I-N N N 42 41 40 DEVELOPMENT BOUNDARY l>>>>>:<·>>:-:1 BENEFITTING PROPERTIES N~ CITY OF MAPLE RIDGE ENGINEERING A . . . ' DEPARTMENT ~ . EXCESS CAPACITY /EXTENDED SER~CES AGREEMENT LC 179/22 SCALE: N. T.S. DATE: OCT 2022 FILE/DWG No LC179-2022 LATECOMER AGREEMENT LC 179/22 -SD 075/10 ATTACHMENT C THIS AGREEMENT is made the __ day of _______ , 20_ BETWEEN: Brian Ahonen & Janice Ahonen 10455 245B Street Maple Ridge BC V2W 1G5 Gashaw Beza Abebe & Nancy Yvonne Johnson 10469 2458 Street Maple Ridge BC V2W 1G5 (Hereinafter called the "Subdivider") OF THE FIRST PART Rebecca Awram 10481 2458 Street Maple Ridge BC V2W 1G5 AND: City of Maple Ridge WHEREAS: 11995 Haney Place Maple Ridge BC V2X 6A9 (Hereinafter called the "City") OF THE SECOND PART A. The Subdivider has developed certain lands and premises located within the City of Maple Ridge, in the Province of British Columbia, and more particularly known and described as: Lot 2, Except: Part Dedicated Road on Plan EPP 14530, Sec 10 and 11, TP 12, NWD Plan 72100 Lot 3 Except: Part Dedicated Road on Plan EPP 14530, Sec 10 and 11, TP 12, NWD Plan 72100 Lot 4, Except: Part Dedicated Road on Plan EPP 14530, Sec 10 and 11, TP 12, NWD Plan 72100 (Hereinafter called the "said lands"); B. In order to facilitate the approval of the subdivision of the said lands, the Subdivider has constructed and installed the sanitary sewer and storm sewer services shown on the design prepared by DK Bowins & Associates Inc. (Sheets 1 to 14) dated July 2011, reviewed February 15, 2012. (Hereinafter called the "Extended Services"); C. The extended services have been provided with a capacity to service the said lands and other than the said lands; D. The City considers its cost to provide the Extended Services to be excessive; Doc#3197068 Page 1 of 3 E. The Subdivider has provided the Extended Services in the Amount of $203,744.00; F. The City has determined that: Lot 10, Sec 10, TWP 12, NWD Plan 72100 Lot 9, Sec 10 & 11, TWP 12, NWD Plan 72100 (the "8enefitting Lands") will benefit from the Extended Services; G. The City has imposed as a condition of the owner of the 8enefitting Lands connecting to or using the Extended Services, a charge (the "Latecomer Charge") on the 8enefitting Lands in the following amounts: Lot 10, Sec 10, TWP 12, NWD Plan 72100 RN 84317-2000-0 • $11,893.00 for any connection to or use of the sanitary sewer on 2458 Street to a maximum of $23,786.00 • $13,575.00 for any connection to or use of the storm sewer on 2458 Street to a maximum of $27,150.00 Lot 9, Sec 10 & 11, TWP 12, NWD Plan 72100 RN 84317-1900-9 • $11,893.00 for any connection to or use of the sanitary sewer on 2458 Street to a maximum of $35,679.00 • $13,575.00 for any connection to or use of the storm sewer on 2458 Street to a maximum of $40,725.00 plus interest calculated annually from the date of completion of the Extended Services as certified by the General Manager Engineering Services of the City (the "Completion Date") to the date of connection of the 8enefitting Lands to the Extended Services; H. The Latecomer Charge when paid by the owner of the 8enefitting Lands and collected by the City shall pursuant to Section 508 (2) of the Local Government Act R.S.8.C. 2015, c.1 be paid to the Subdivider as provided for in this Agreement. NOW THEREFORE AS AUTHORIZED BY Section 508 (5) of the Local Government Act R.S.8.C 2015, c.1, the parties hereto agree as follows: Doc#3197068 1. The Latecomer Charge, if paid by the owner of the 8enefitting Lands and collected by the City within fifteen (15) years of the Completion Date shall be paid to the Subdivider and in such case payment will be made within 30 days of the next June 30th or December 31st that follows the date on which the Latecomer Charge was collected by the City. 2. This Agreement shall expire and shall be of no further force and effect for any purpose on the earlier of the payment of the Latecomer Charge by the City to the Subdivider, or fifteen (15) years from the Completion Date, and thereafter the City shall be forever fully released and wholly discharged from any and all liability and obligations herein, or howsoever arising pertaining to the Latecomer Charge, and whether arising before or after the expiry of this Agreement. Page 2 of 3 3. The Subdivider represents and warrants to the City that the Subdivider has not received, claimed, demanded or collected money or any other consideration from the owner of the Benefitting Lands for the provision, or expectation of the provision of the Extended Services, other than as contemplated and as provided for herein; and further represents and warrants that he has not entered into any agreement with the owner of the Benefitting Lands for consideration in any way related to or connected directly or indirectly with the provision of the Extended Services. The representations and warranties of the Subdivider herein shall, notwithstanding Item 2 of this Agreement, survive the expiry of this Agreement. 4. The Subdivider (if more than one corporate body or person) hereby agrees that the City shall remit the Latecomer Charge to each corporate body or person in equal shares. 5. If the Subdivider is a sole corporate body or person, the City shall remit the Latecomer Charge to the said sole corporate body or person, with a copy to the following (name and address of director of corporate body, accountant, lawyer, etc.): 6. In the event that the Subdivider is not the owner of the said lands, the owner shall hereby grant, assign, transfer and set over unto the Subdivider, his heirs and assigns, all rights, title and interest under this Agreement. IN WITNESS WHEREOF the parties hereto have hereunto affixed their respective Corporate Seals, attested by the hands of their respective officers duly authorized in that behalf, the day and year first above written. SUBDIVIDER Company: __________ _ Print Name: Print Name: --------------------Subdivider -Authorized Signatory Subdivider -Authorized Signatory Company: __________ _ Print Name: ----------Subdivider -Authorized Signatory CITY OF MAPLE RIDGE Corporate Officer -Authorized Signatory Doc#3197068 Page 3 of 3 1134 Schedule A TYPE OF EXCESS OR EXTENDED SERVICE 1. OVERSIZE ON SITE Service Water Pressure Reducing Valve Station Total Number of Equivalent Development Units (EDU) 62 Tota I Cost Of Cost Per Benefit EDU $122,016.00 $1,968.00 EDU's On Benefitting Property 10 3 5 5 2 2 1 1 2 ATTACHMENT A Benefit Attributed By Property Excluding Subdivision LT 10, SEC 10, TWP 12, NWD, PL NWP72100 RN 84317-2000-0 10 X $1,968.00 LT 9, SEC 10&11, TWP 12, NWD, PL WP72100 RN 84317-1900-9 3 X $1,968.00 LT 8, SEC 10, TWP 12, NWD, PL NWP72100 RN 84317-1800-8 5 X $1,968.00 LT 7, SEC 10&11, TWP 12, NWD PL NWP72100 RN 84317-1700-7 5 X $1,968.00 LT 4, SEC 10, TWP 12, NWD, PL NWP75957 RN 84317-2600-4 2 X $1,968.00 LT 3, SEC 10, TWP 12, NWD, PL NWP75957 RN 84317-2500-3 2 X $1,968.00 LT 10, SEC 10, TWP 12, NWD, PL BCP29521 RN 84317-2310-0 1 X $1,968.00 LT 9, SEC 10, TWP 12, NWD, PL BCP29521 RN 84317-2309-0 1 X $1,968.00 LT 8, SEC 10, TWP 12, NWD, PL BCP29521 RN 84317-2308-0 2 X $1,968.00 Service Total Number Total Cost Of of Equivalent Benefit Development Units (EDU) Cost Per EDU EDU's On Benefitting Property Benefit Attributed By Property Excluding Subdivision 1 LT 1, SEC 10, TWP 12, NWD, PL BCP36044 RN 84317-1501-0 1 X $1,968.00 1 LT 2, SEC 10, TWP 12, NWD, PL BCP36044 RN 84317-1502-0 1 X $1,968.00 1 LT 3, SEC 10, TWP 12, NWD, PL BCP36044 RN 84317-1503-0 1 X $1,968.00 2 LT 4, SEC 10, TWP 12, NWD, PL BCP36044 RN 84317-1504-0 2 X $1,968.00 2 LT 11, SEC 10, TWP 12, NWD, PL EPP16544 RN 84317-0011-0 2 X $1,968.00 2 LT 10, SEC 10, TWP 12, NWD, PL EPP16544 RN 84317-0010-0 2 X $1,968.00 2 LT 9, SEC 10, TWP 12, NWD, PL EPP16544 RN 84317-0009-0 2 X $1,968.00 2 LT 1, SEC 10&11, TWP 12, NWD, PL WP72100 RN 84317-1100-1 2 X $1,968.00 A total of all of the aforementioned services for each property is as follows: Legal Description Civic Address Total Cost LT 10, SEC 10, TWP 12, NWD, 24589 104 Avenue $19,680.00 PL NWP72100 RN 84317-2000-0 LT 9, SEC 10&11, TWP 12, NWD, 104 70 245B Street $5,904.00 PL NWP72100 RN 84317-1900-9 LT 8, SEC 10, TWP 12, NWD, 10530 245B Street $9,840.00 PL NWP72100 RN 84317-1800-8 LT 7, SEC 10&11, TWP 12, NWD, 10570 245B Street $9,840.00 PL NWP72100 RN 84317-1700-7 LT 4, SEC 10, TWP 12, NWD, 10588 245B Street $3,936.00 PL NWP75957 RN 84317-2600-4 LT 3, SEC 10, TWP 12, NWD, 10591245B Street $3,936.00 PL NWP75957 RN 84317-2500-3 LT 10, SEC 10, TWP 12, NWD, 10587 245B Street $1,968.00 PL BCP29521 RN 84317-2310-0 LT 9, SEC 10, TWP 12, NWD, 10585 245B Street $1,968.00 PL BCP29521 RN 84317-2309-0 LT 8, SEC 10, TWP 12, NWD, 10583 245B Street $3,936.00 PL BCP29521 RN 84317-2308-0 LT 1, SEC 10, TWP 12, NWD, 10579 245B Street $1,968.00 PL BCP36044 RN 84317-1501-0 LT 2, SEC 10, TWP 12, NWD, 10565 245B Street $1,968.00 PL BCP36044 RN 84317-1502-0 LT 3, SEC 10, TWP 12, NWD, 10543 245B Street $1,968.00 PL BCP36044 RN 84317-1503-0 LT 4, SEC 10, TWP 12, NWD, 10529 245B Street $3,936.00 PL BCP36044 RN 84317-1504-0 LT 11, SEC 10, TWP 12, NWD, 10481 245B Street $3,936.00 PL EPP16544 RN 84317-0011-0 LT 10, SEC 10, TWP 12, NWD, 10469 245B Street $3,936.00 PL EPP16544 RN 84317-0010-0 LT 9, SEC 10, TWP 12, NWD, 10455 245B Street $3,936.00 PL EPP16544 RN 84317-0009-0 LT 1, SEC 10&11, TWP 12, NWD, 10441 245B Street $3,936.00 PL NWP72100 RN 84317-1100-1 ATTACHMENT B ~ McCLURE DR.~ 1C 0 l'-U) st N r-= (/) LO ~ N PARK 16 10596 .. 3 .. 3 10590 4 10588 0586 5 6 10582 7 10580 ·8 N <D N CO ~ ~ ~ ~ N N N N 45 44 43 42 ·10;i83 .. 9 10570 . · .. ·1· ... · ... · .. -=-----' 10579 8 10558 . . . . . 7. . . ----•• • • ·~ 010'5~5 • · •. · 1os76 · ·. · · ·. · . ·. · . ·. · 7 10548 -----· ·. ·. ·3·.,~43°' · .. · ... ·. · .. ·. · .. ·. · .. · ... ·. 6 . . . . . . 10536 ·4. . · ... 8 .. · ... · ... · .. · 10530. 5 0526 . 1.0529 .~· ..... 10512 U'). . . . . . . . . . . . . . . . . . . ·. · 1~ · ..... ·H5' .. ·. · .. ·. · .. ·. · .. ·. · .. ·. · .. ' , 1p481, . ~ 10502 2 10492 3 . ,N·. ----111---~-~,---i 4 0486 0476 '1.0· · . . ·.' . ·. · . ·~· . ·. · . 5 '1().469. . 48 10466 6 · •. 10470' · . 0458 7 .. '9 .. 10450 8 10455° • . .. 1q .. · .. ·. · .. ·. '.1· ·. · .. ·. · .. ·. · .. ·. · .. ·. · .. ·. · .. ·. · .. 0 <D ~ N . ·~ ... ' , 10441· • ,<t •• Rem N 1/2 of NE 1/4 Section 3 Township 12 DEVELOPMENT BOUNDARY 10435 89 10431 95 LO t0 rn U1 n I'-0 ;::: ;::: N t0 I'-I'-I'-I'-<t st <t st st <t N N N N N N 104 AVE. ~ ~ ~ R R ~ <t <t st st st <t N N N N N N 105 104 103 102 101 00 <D N N t0 I'-" st st N N 99 98 J:,:.:,:.:,:.:,:,:.:,:J BENEFITTING PROPERTIES CITY OF MAPLE RIDGE N ~iii ENGINEERING fl '. ' ' DEPARTMENT ~ • EXCESS CAPACITY/EXTENDED SCALE: N.T.S. DATE: SER~CES AGREEMENT LC 180/22 OCT 2022 FILE/DWG No LC180-2022 LATECOMER AGREEMENT LC 180/22 2015-087-SD ATTACHMENT C THIS AGREEMENT is made the __ day of _______ , 20_ BETWEEN: Cipe Homes Inc. 101-20050 Steward Crescent Maple Ridge BC V2X OT 4 (Hereinafter called the "Subdivider") OF THE FIRST PART AND: City of Maple Ridge WHEREAS: 11995 Haney Place Maple Ridge BC V2X 6A9 (Hereinafter called the "City") OF THE SECOND PART A. The Subdivider has developed certain lands and premises located within the City of Maple Ridge, in the Province of British Columbia, and more particularly known and described as: Lot 83, Plan BCP17976, Section 10, Township 12, New Westminster Land District, Except Plan BCP26096 Lot 84, Plan BCP17976, Section 10, Township 12, New Westminster Land District Lot 148, Plan BCP26096, Section 10, Township 12, New Westminster Land District Lot A, Plan EPP59096, Section 10, Township 12, New Westminster Land District (Hereinafter called the "said lands"); 8. In order to facilitate the approval of the subdivision of the said lands, the Subdivider has constructed a water pressure reducing valve station shown on the design prepared by Aplin & Martin Consultants Ltd. (Sheets 1 to 7) dated October 2016, reviewed October 2019. Project No.16-070. (Hereinafter called the "Extended Services"); C. The extended services have been provided with a capacity to service the said lands and other than the said lands; D. The City considers its cost to provide the Extended Services to be excessive; E. The Subdivider has provided the Extended Services in the Amount of $122,016.00; Doc#3197086 Page.1 of 5 F. The City has determined that: LT 10, SEC 10, TWP 12, NWD PL NWP72100 LT 9, SEC 10&11, TWP 12, NWD PL NWP72100 LT 8, SEC 10, TWP 12, NWD PL NWP72100 LT 7, SEC 10&11, TWP 12, NWD PL NWP72100 LT 4, SEC 10, TWP 12, NWD PL NWP75957 LT 3, SEC 10, TWP 12, NWD PL NWP75957 LT 10, SEC 10, TWP 12, NWD PL BCP29521 LT 9, SEC 10, TWP 12, NWD PL BCP29521 LT 8, SEC 10, TWP 12, NWD PL BCP29521 LT 1, SEC 10, TWP 12, NWD PL BCP36044 LT 2, SEC 10, TWP 12, NWD PL BCP36044 LT 3, SEC 10, TWP 12, NWD PL BCP36044 LT 4, SEC 10, TWP 12, NWD PL BCP36044 LT 11, SEC 10, TWP 12, NWD PL EPP16544 LT 10, SEC 10, TWP 12, NWD PL EPP16544 LT 9, SEC 10, TWP 12, NWD PL EPP16544 LT 1, SEC 10&11, TWP 12, NWD PL NWP72100 (the "Benefitting Lands") will benefit from the Extended Services; G. The City has imposed as a condition of the owner of the Benefitting Lands connecting to or using the Extended Services, a charge (the "Latecomer Charge") on the Benefitting Lands in the following amounts: Doc#3197086 LT 10, SEC 10, TWP 12, NWD PL NWP72100 RN 84317-2000-0 • $1,968.00 per EDU for use of the water system to a maximum of $19,680.00 LT 9, SEC 10&11, TWP 12, NWD PL NWP72100 RN 84317-1900-9 • $1,968.00 per EDU for use of the water system to a maximum of $5,904.00 LT 8, SEC 10, TWP 12, NWD PL NWP72100 RN 84317-1800-8 • $1,968.00 per EDU for use of the water system to a maximum of $9,840.00 LT 7, SEC 10&11, TWP 12, NWD PL NWP72100 RN 84317-1700-7 • $1,968.00 per EDU for use of the water system to a maximum of $9,840.00 LT 4, SEC 10, TWP 12, NWD PL NWP75957 RN 84317-2600-4 • $1,968.00 per EDU for use of the water system to a maximum of $3,936.00 LT 3, SEC 10, TWP 12, NWD PL NWP75957 RN 84317-2500-3 • $1,968.00 per EDU for use of the water system to a maximum of $3,936.00 Page 2 of 5 Doc#3197086 LT 10, SEC 10, TWP 12, NWD PL BCP29521 RN 84317-2310-0 • $1,968.00 per EDU for use of the water system to a maximum of $1,968.00 LT 9, SEC 10, TWP 12, NWD PL BCP29521 RN 84317-2309-0 • $1,968.00 per EDU for use of the water system to a maximum of $1,968.00 LT 8, SEC 10, TWP 12, NWD PL BCP29521 RN 84317-2308-0 • $1,968.00 per EDU for use of the water system to a maximum of $3,936.00 LT 1, SEC 10, TWP 12, NWD PL BCP36044 RN 84317-1501-0 • $1,968.00 per EDU for use of the water system to a maximum of $1,968.00 LT 2, SEC 10, TWP 12, NWD PL BCP36044 RN 84317-1502-0 • $1,968.00 per EDU for use of the water system to a maximum of $1,968.00 LT 3, SEC 10, TWP 12, NWD PL BCP36044 RN 84317-1503-0 • $1,968.00 per EDU for use of the water system to a maximum of $1,968.00 LT 4, SEC 10, TWP 12, NWD PL BCP36044 RN 84317-1504-0 • $1,968.00 per EDU for use of the water system to a maximum of $3,936.00 LT 11, SEC 10, TWP 12, NWD PL EPP16544 RN 84317-0011-0 • $1,968.00 per EDU for use of the water system to a maximum of $3,936.00 LT 10, SEC 10, TWP 12, NWD PL EPP16544 RN 84317-0010-0 • $1,968.00 per EDU for use of the water system to a maximum of $3,936.00 LT 9, SEC 10, TWP 12, NWD PL EPP16544 RN 84317 -0009-0 • $1,968.00 per EDU for use of the water system to a maximum of $3,936.00 LT 1, SEC 10&11, TWP 12, NWD PL NWP72100 RN 84317-1100-1 • $1,968.00 per EDU for use of the water system to a maximum of $3,936.00 plus interest calculated annually from the date of completion of the Extended Services as certified by the General Manager Engineering Services of the City (the "Completion Date") to the date of connection of the Benefitting Lands to the Extended Services; Page 3 of 5 H. The Latecomer Charge when paid by the owner of the Benefitting Lands and collected by the City shall pursuant to Section 508 (2) of the Local Government Act R.S.B.C. 2015, c.1 be paid to the Subdivider as provided for in this Agreement. NOW THEREFORE AS AUTHORIZED BY Section 508 (5) of the Local Government Act R.S.B.C 2015, c.1, the parties hereto agree as follows: Doc#3197086 1. The Latecomer Charge, if paid by the owner of the Benefitting Lands and collected by the City within fifteen (15) years of the Completion Date shall be paid to the Subdivider and in such case payment will be made within 30 days of the next June 30th or December 31st that follows the date on which the Latecomer Charge was collected by the City. 2. This Agreement shall expire and shall be of no further force and effect for any purpose on the earlier of the payment of the Latecomer Charge by the City to the Subdivider, or fifteen (15) years from the Completion Date, and thereafter the City shall be forever fully released and wholly discharged from any and all liability and obligations herein, or howsoever arising pertaining to the Latecomer Charge, and whether arising before or after the expiry of this Agreement. 3. The Subdivider represents and warrants to the City that the Subdivider has not received, claimed, demanded or collected money or any other consideration from the owner of the Benefitting Lands for the provision, or expectation of the provision of the Extended Services, other than as contemplated and as provided for herein; and further represents and warrants that he has not entered into any agreement with the owner of the Benefitting Lands for consideration in any way related to or connected directly or indirectly with the provision of the Extended Services. The representations and warranties of the Subdivider herein shall, notwithstanding Item 2 of this Agreement, survive the expiry of this Agreement. 4. The Subdivider (if more than one corporate body or person) hereby agrees that the City shall remit the Latecomer Charge to each corporate body or person in equal shares. 5. If the Subdivider is a sole corporate body or person, the City shall remit the Latecomer Charge to the said sole corporate body or person, with a copy to the following (name and address of director of corporate body, accountant, lawyer, etc.): 6. In the event that the Subdivider is not the owner of the said lands, the owner shall hereby grant, assign, transfer and set over unto the Subdivider, his heirs and assigns, all rights, title and interest under this Agreement. Page 4 of 5 IN WITNESS WHEREOF the parties hereto have hereunto affixed their respective Corporate Seals, attested by the hands of their respective officers duly authorized in that behalf, the day and year first above written. SUBDIVIDER Company: _________ _ Print Name: ----------Subdivider -Authorized Signatory Company: _________ _ Print Name: ----------Subdivider -Authorized Signatory CITY OF MAPLE RIDGE Corporate Officer -Authorized Signatory Doc#3197086 Page 5 of 5 1300 MATTERS DEEMED EXPEDIENT 1301 The City will work with Metro Vancouver to coordinate design requirements including public engagement, background research and environmental requirements. Once the design is complete, the pathway and pedestrian bridge capital works project would be eligible for future intakes of Infrastructure Canada's Active Transportation Fund. City staff continue to engage with program administrators to facilitate future funding opportunities. b) Desired Outcome: Council authorizes the Corporate Officer or their designate to execute the Active Transportation Fund Agreement, as attached. Once the agreement has been executed, funds will be disbursed to the City. c) Strategic Alignment: The project aligns with objectives noted in Metro Vancouver's Experience the Fraser 'Coast to Canyon' plan and Regional Greenways Plan, the City's Town Centre Area Plan, the Port Haney Area Plan update, and the Official Community Plan. Objectives within these plans include delivering active transportation routes along these foreshore lands and providing interconnected pedestrian and cycling routes. In addition to connecting the Port Haney Wharf with Kanaka Creek Regional Park providing a 1.4km experience along the Fraser River, the proposed pathway delivers on the vision within Maple Ridge's Tourism Strategy of: 'Maple Ridge's remarkable outdoor, rural and cultural experiences offer residents and visitors the opportunity to experience and share stories of our vibrant city centre and agricultural surroundings, set amongst historic rivers and spectacular mountains. Tourism in Maple Ridge contributes to a vibrant, sustainable economy providing opportunities for local employment and entrepreneurship while contributing to the livability and attractiveness of the City for residents.' d) Citizen/Customer Implications: The scope of the design project includes community and stakeholder engagement commencing in late 2022, with design work anticipated to be complete in 2023. The completion of a multi-use pathway along the Fraser River will provide residents and visitors with a spectacular outdoor experience steps from the Town Centre. e) Business Plan/Financial Implications: Funding for the proposed multi-use pathway design project is included in the City's 2022 Capital Program in the amount of $30,000. Once the design is complete, fundingforthe capital construction work will be sought from the Active Transportation Fund. Doc# 3218658 Page 2 of 3