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HomeMy WebLinkAbout1999-01-18 Adopted Committee of the Whole Minutes.pdf) ,J January 18, 1999 2:00 p.m. Council Chamber PRESENT: Elected Officials: Mayor C. Durksen Councillor L. King Councillor B. Levens Councillor K. Stewart Excused due to Illness Councillor T. Baker Councillor J. Clements Councillor C. Gordon Corporation of the District of Maple Ridge COMMITTEE OF THE WHOLE MEETING MINUTES Appointed Staff: Rudolph, General Manager of Public Works and Development Services/ Acting Chief Administrative Officer R. A. Wells, General Mngr of Financial and Corporate Services J. R. McBride, Municipal Clerk M. W. Murray, General Manager of Community Development, Parks and Recreation Services F. Quinn, Municipal Engineer T. Fryer, Director of Current Planning S. Karasz, Confidential Secretary Other Staff as Required K. Grout, Manager of Environmental Affairs 1. DELEGATIONS /STAFF PRESENTATIONS Chair Mayor Vice Chair Acting Mayor 1.1 B. C. Restaurant and Food Services Association (BCRF A) The Municipal Clerk advised that the delegation has withdrawn due to illness and has asked to be re-scheduled to the January 26 1999 Council Meeting. Note: See also Item 3.2 of these Minutes. 2. PUBLIC WORKS AND DEVELOPMENT SERVICES Acting Chair Councillor B. Levens, (Vice Chair) Committee of the Whole Minutes January 18, I 999 Page 2 Note: Owners and/or Agents of Development Applications may be permitted to speak to their applications with a time limit of 10 minutes. 2.1 Latecomer Agreement LC/60/98 -River Road and Steeves Street (SD/21/94) Reference was made to the staff report dated January 4, 1999 and the Committee agreed to the following recommendation: RECOMMENDATION That with respect to the subdivision of lands involved in SD/21/94 at River Road and Steeves Street, be it resolved: 1. That the cost to provide the excess or extended services required for subdivision are in whole or in part, excessive to the Municipality and that the cost to provide these services shall be paid by the owners of the la11d being subdivided, and 2. That the Latecomer charges be imposed for such excess or extended services on the parcels and in the amounts as set out in the staff report dated November 17, 1998,and 3. That the Mayor and Clerk be authorized to sign and seal a "Latecomer Agreement" with the subdivider of the said lands. 2.2 Requests for a One Year Extension of Development Applications under Council Procedures By-law No. 5632-1997: The Director of Current Planning advised that the following Items 2.2.1 to 2.2 .7, inclusive, are requests for extension of inactive rezoning applications following notification to the applicants. There will be further requests for extension coming forward to Committee. The Mayor noted that there were concerns raised by the development community regarding the $500 renewal fee and the one year deadline and suggested that there be further discussion on those items. Councillor King responded that it is common practice to charge a renewal fee in other Municipalities. She noted that a number of applications have environmental concerns and questioned if they will have to meet the standards for the year in which they originally applied or if they will have to meet 1999 standards. The Director of Current Planning confirmed that Committee of the Whole Minutes January 18, 1999 Page 3 they will have to meet 1999 standards and the applicants are well aware of that requirement. The Director of Current Planning referred to earlier concerns that the neighborhood may have changed, or there may have been revisions to the plans, etc. since the initial application was made. Those changes could be substantial enough to require a new public hearing. He will advise Council at the final reading stage of any substantial changes and Council can then determine if the application should receive final reading or go back to Public Hearing. The Committee agreed to the following recommendations contained in Items 2.2.1 to 2.2.7, inclusive: 2.2.1 RZII 7195 -20284 and 20296 Dewdney Trunk Road -RS-2 to CS-1 Reference was made to the staff report dated January 7, 1999 recommending that a one year extension be granted to the above noted application to permit the construction of a commercial-building. RECOMMENDATION That a one year extension be granted to Rezoning Application RZ/17/95 to rezone property at 20284 and 20296 Dewdney Trunk Road from RS-2 to CS-1 to permit the construction of a commercial building. 2.2.2 RZ/26/94 -12283 -224 Street-RS-I to RM-2 Reference was made to the staff report dated January 7, 1999 recommending that a one year extension be granted to the above noted application to permit the construction of a three storey apartment building containing 59 units. RECOMMENDATION That a one year extension be granted to Rezoning Application RZ/26/94 to rezone property at 12283 -224 Street from RS-1 to RM-2 to permit the construction of three storey apartment building containing 59 units. ) 2.2.3 RZ/2/95 -22323 Calligan Avenue -RS-I to C-3 Committee of the Whole Minutes January 18, 1999 Page 4 Reference was made to the staff report dated January 7, 1999 recommending that a one year extension be granted to the subject application to permit the construction of a 2.5 storey commercial building. RECOMMENDATION That a one year extension be granted to Rezoning Application RZ/2/95 to rezone property at 22323 Calligan Avenue from RS-1 to C-3 to permit the construction of a 25 storey commercial building. 2.2.4 RZ/44/96-22631 -119 Avenue-RS-I to C-3 Reference was made to the staff report dated January 4, 1999 recommending that a one year extension be granted to the subject application to permit a commercial/residential complex. RECOMMENDATION That a one year extension be granted to Rezoning Application RZ/44/96 to rezone property at 22631 -119 Avenue from RS-1 to C-3 to permit a commercial residential complex. 2.2.5 RZ/31/93-22621-119 Avenue -RS-I to C-3 Reference was made to the staff report dated January 4, 1999 recommending that a one year extension be granted to the subject application to permit a commercial/residential complex. RECOMMENDATION That a one year extension be granted to Rezoning Application RZ/31/93 to rezone property at 22621 -119 Avenue to rezone property from RS-1 to C-3 to permit a commercial residential complex. 2.2.6 RZ/9/97 -12112 and 12090-227 Street -RS-I to RM-2 Committee of the Whole Minutes January 18, 1999 Page 5 Reference was made to the staff report dated January 4, 1999 recommending that a one year extension be granted to the subject application to permit a 30 unit apartment building. RECOMMENDATION That a one year extension be granted to Rezoning Application RZ/9/97 to rezone property at 12112 and 12090 -227 Street from RS-1 to RM-2 to permit a 30 unit apartment building. 2.2.7 RZ/11/95 -11358-236 Street-RS-3 to CD-1 Reference was made to the staff report dated January 7, 1999 recommending that a one year extension be granted to the subject application to permit subdivision into 47 lots. The Director of Current Planning advised that there is a massive creek through the site and the application is being scrutinized by the Ministry of Environment as it is affected by changes-in MOE policy. There has also been a change in geometry and he will bring that information forward for Council's consideration at the final reading stage. ) RECOMMENDATION That a one year extension be granted to Rezoning Application RZ/11/95 to rezone property at 11358 -236 Street from RS-3 to CD-1 to permit subdivision into 47 lots. 2.3 ALR/6/98 -26171 Dewdney Trunk Road Reference was made to the staff report dated January 7, 1999 recommending that the subject application to subdivide within the Agricultural Land Reserve (ALR) to create 9 lots not be authorized to proceed to the Agricultural Land Commission (ALC). Mr. Slade Dyer, a proponent of the project was in attendance. He stated that although he understands the rationale behind the recommendation, he cannot agree with it. The essence is the issue of agricultural capability. He referred to a report from a consultant, Mr. G. G. Runka, dated March 1, 1994 stating that the property has a questionable agricultural capability due to topography, moisture holding capacity, stoniness, low permeability and drainage limitations. That report is supported by a later report from I. Paton and Associates Ltd. dated June 1, 1998. The reports have never been considered by the Agricultural Land Commission (ALC) and he would like the ALC to assess those reports on their own merits. Committee of the Whole Minutes January 18, 1999 Page 6 He further noted that the Municipality can refuse an application for land use reasons but cannot do so on the basis of agricultural capability which is the responsibility of the ALC. He advised that the property has been zoned RS-3 since 1961 and the applicants are not proposing any change to the zoning or the land use. The applicants agree · that the proposal is contrary to the clustering policy for this area but the zoning takes precedence over that policy. Mr. Dyer added that he feels that it is up the Agricultural Land Commission to make a decision on the agricultural capability of this property and in view of the new information that is available, he respectfully requests that this application be forwarded to the Commission for further consideration. The Mayor voiced his objections to approving any ALR lands that might result in a demand for Municipal services and he feels that Council should deal with the areas that have already been designated for urban development prior to dealing with any new areas. Councillor Stewart stated that he believes that all applications dealing with ALR lands should go to the Commission as the applicants have the right to be heard by the Commissfon. He cautioned, however, that even if the Commission finds that the lands are non-farmable, it does not necessarily mean they will automatically be approved for subdivision. Mr. Dyer stated that he is aware that he would have to make a formal subdivision application. Councillor King stated that she is in favour of the recommendation by staff. She noted that Council policy is that lands in this area be retained in the ALR. Council supported the following recommendation from the Rural Plan Advisory Committee "that the recommendation of the Rural Plan Advisory Committee to permit the use of the clustering and consolidation concept in Sub-area D be approved". The intent of that recommendation was for property owners to get together with others or use their own land in a creative way and there is no intention to do that with this application. Councillor Stewart suggested that the application be further discussed when full Council is in attendance at the January 26th Council Meeting. Also, he would like clarification prior to that date as to whether lands can be subdivided under the RS-3 zoning. The Director of Current Planning advised that if the ALC approved the application, it would then proceed as a normal subdivision application provided it met all the usual requirements, including septic disposal. The Committee agreed to the following action being taken: ) Committee of the Whole Minutes January 18, 1999 Page 7 ACTION REQUIRED -that this application be forwarded to the January 26, 1999 Council Meeting with no recommendation from Committee. Councillor Levens objected to the application going forward with no recommendation as she feels it defeats the purpose of having a Committee of the Whole Meeting. 2.4 DVP/33/98-12525 -208 Street Reference was made to the staff report dated January 6, 1999 in support of the subject application to permit a relaxation in the required rear yard setback from 6 metres to 4.2 metres. The Committee concurred with the following recommendation: RECOMMENDATION 2.5 That the Municipal Clerk be authorized to notify qualifying property owners that approval of DVP/33/98 respecting property located at 12525 -208 Street will be considered by Council at the February 9, 1999 meeting. RZ/8/97-12062 Laity Street-By-laws 5652-1998 and 5653-1998-RS-1 to RM-1 Reference was made to the staff report dated December 23, 1998 recommending that the subject by-laws to permit the construction of 17 townhouse units be read a first time. On question from the Mayor, the Director of Current Planning displayed an overhead map and advised that the proposed development will gain access solely from Laity Street. Staff recommends that the lane be placed as part of the development application to permit people to exit from McIntyre Court. This will resolve the conflict at the intersection. He further noted that the land use issues have not materially changed. The original proposal was for 14 units and the developer is now asking for 17 units. The issue of the through- lane and internal streets has not changed greatly. He would like to see the application carry on to Public Hearing rather than going to another public information meeting. The Planning Department will have the project design available at their counter; the residents of the area will have a chance to view the new plans. RECOMMENDATION That Maple Ridge Zone Amending By-law No. 5652-1998 and Maple Ridge Official Community Plan Amending By-law No. 5653-1998 be read a first time. Committee of the Whole Minutes January 18, 1999 Page 8 2.6 RZ/18198-22800 Block of 116 Avenue -By-laws 5742-1998 and 5743-1998 -RS-1 to RM-1 Reference was made to the staff report dated January 8, 1999 in support of the subject by- laws to create approximately 14 bare land strata lots. The Committee agreed to the following recommendation: RECOMMENDATION That Maple Ridge Zone Amending By-law No. 5742-1998 and Maple Ridge Official Community Plan Amending By-law No. 5743-1998 be read a first time. 2.7 RZ/19/98-22800-113 Avenue-By-laws 5744-1998 and 5745-1998-RS-3 to RM-1 Reference was made to the staff report dated January 8, 1998 recommending that the subject by-l~ws to create approximately 19 bare land strata lots be read a first time. On question from Councillor King, the Director of Current Planning advised that as a condition of this application, 113 Avenue will be constructed from the end of 228 Street to Burnett Street. The Committee agreed to the following recommendation. RECOMMENDATION That Maple Ridge Zone Amending By-law No. 5744-1998 and Maple Ridge Official Community Plan Amending By-law No. 5745-1998 be read a first time. 2.8 Environmental Performance Bonding The Manager of Environmental Affairs reviewed the staff report dated January 7, 1999 recommending that the Environmental Performance Bonding concept contained therein be endorsed and that staff prepare the appropriate by-law amendments. Councillor King stated that environmental bonding is a really important mechanism for the District of Maple Ridge to use. The Manager of Environmental Affairs noted that past difficulties . occurred when concerns fell between the cracks because a multitude of agencies were involved. If the District has to deal with a problem in the end, it will now have funding to do so. This ) Committee of the Whole Minutes January 18, 1999 Page 9 initiative will provide consistency throughout the Municipality. She added that environmental bonding can be incorporated into Development Permits which is the subject ofltem 2.9. Councillor King questioned how long the by-law amendment will take. The Manager of Environmental Affairs advised that staff is aiming for early March of 1999. If it involves Silver Valley, it will move up on the priority list. Councillor King stated that Council wants environmental bonding applied to the whole Municipality and not just Silver Valley. The Committee agreed to the following recommendation: RECOMMENDATION 2.9 That the concept of Environmental Performance Bonding as outlined in the staff report dated January 7, 1999 be endorsed and that staff be instructed to prepare appropriate amendments to the Procedures By-law. • .. Development Permit Areas -Silver Valley Reference was made to the staff report dated January 7, 1999 recommending that the staff prepare a Development Permit (DP) Area to support the Hillside Policies. The Director of Current Planning suggested that this item should have been considered prior to Item 2.8. It is staffs recommendation that the Development Permit Areas in Silver Valley be expanded. He noted that it is in response to concerns raised at Public Hearing. Council has suggested that the Development Permit in Silver Valley may not go far enough so staff is bringing forward a proposal for a DP area for all of Silver Valley. This initiative does focus just on Silver Valley. Councillor Stewart suggested that it be looked at with a view to expanding it beyond Silver Valley. Councillor King asked if she could have clarification with respect to the necessity of having a Development Permit in order to require environmental performance bonding. She referred to new development proposed for the Albion area and noted that it will be mainly single family residential which does not require a Development Permit, however, a large single family residential subdivision could be just as damaging as a multi-family project. Committee of the Whole Minutes January 18, 1999 Page 10 The Director of Current Planning advised that Silver Valley was singled out because of the large level of development activity and it is where the District is seeing the greatest number of concerns. The focus was to get something reasonable for Silver Valley. He further explained that the bonding issue and the DP issue go together; one follows the other. The bonding is the mechanism and means of control while the DP offers a legitimate and legal means to do the bonding. The issue that Council should give some thought to is whether it is a blanket DP for all of Silver Valley or whether it is triggered by the development applications. That is a very important issue. There are some property owners who have limited or no development potential and with a blanket permit, they would be subject to a DP for land clearing, etc. The same regulations would apply to them as to a developer of larger property. The Manager of Environmental Affairs referred to the comments made by the Director of Current Planning regarding a blanket permit and advised that the opportunity does exist to have exemptions from the DP and to look at development in general. It is very ·flexible. Councillor King suggested that Council might need some more information in order to make that·dt::cision. Councillor King asked when the regulations will come back to Council. The Director of Current Planning noted that this item has to go to Public Hearing first. The Committee agreed to the following recommendation contained in their report. RECOMMENDATION That staff be instructed to prepare a Development Permit Area for Council's consideration which would support the Hillside Policies of the Official Community Plan to address erosion and siltation issues associated with land development and include provisions for bonding and clearing limitations. 2.10 RZ/23/96-13819-232 Street-A-2 to CD-3-98-By-laws 5689 and 5690-1998 Reference was made to the staff report dated January 6, 1999 providing a response to concerns raised at the November 17, 1998 Public Hearing regarding the subject application to permit 500 lots. The report was submitted for information. The Committee agreed to the following recommendation: RECOMMENDATION ) Committee of the Whole Minutes January I 8, I 999 Page 11 That the staff report dated January 6, 1999 regarding the concerns raised at the Public Hearing of November 17, 1999 with respect to RZ/23/96 (13819 -232 Street) be received for information. 2 .11 Building Statistics for December, 1998 Reference was made to the staff report recommending that the subject statistics attached thereto be received for information. The Committee agreed to the following recommendation: RECOMMENDATION 2.12 That the Inspection Services Department Building Statistics for the month of December, 1998 be received for information. Petition fin-Traffic Signal-Crosswalk at 232 Street and Abernethy Way Reference was made to the staff report dated January 8, 1999 and the Committee agreed to the following recommendation contained therein: RECOMMENDATION That the staff report entitled Petition for Traffic Signal -Crosswalk at 232 Street and Abernethy Way be received for information. 3. FINANCIAL AND CORPORA TE SERVICES (including Fire and Police) Acting Chair Councillor K. Stewart . (Vice Chair) 3. l Maple Ridge Exotic Animal By-law No. 5755-1999 Reference was made to the staff report dated January 5, 1999 recommending that the subject by-law to prohibit performances involving wild or exotic animals be granted three readings. Councillor Levens questioned if the by-law could include rodeo animals. Councillor King spoke in support of the by-law, noting that it is a good start. She noted that the by-law is in response to complaints that have been made to Council. Committee of the Whole Minutes January 18, 1999 Page 12 Councillor Stewart questioned how the by-law will affect the movie industry, noting that a film that has animals in it quite often shows a disclaimer saying that they were not harmed. He also referred to animals that perform in circuses and zoos and noted that this is the only life they know. He questioned where they will go and what kind of life they will have if they are banned from performing. Ms. Julie Paleron advised that she is opposed to the by-law. She noted that performing animals will go to shooting galleries and to wealthy individuals who will keep them on their land. She is in favour of showing these animals to children and others. She noted that exotic animals are being bred in captivity in the U.S.A. and those businesses are trying to bring them to Canada. She thinks this is wonderful and what needs to be done is to provide more education to people. Some of the performing animals are treated extremely well. She knows a gentleman who owns many different animals and works in the movie industry in the lower mainland. The Mayor noted that there is nothing in the by-law with respect to animals being used in movies. Councillot Stewart advised that there was a reindeer in the local Santa Claus Parade and questioned if the by-law will prohibit from being in next year's parade. He feels that there are many unanswered questions. The General Manager of Financial and Corporate Services advised that the by-law is a result of letters that have been sent to the Municipality. Some of the issues raised need clarification. He did not consider the issue of animals being used in the movie industry. Councillor King suggested that the by-law be deferred and further reviewed; possibly there could be an exemption in the by-law that meets S.P.C.A. standards to ensure that the animal is not harmed. If there are exemptions, they have to be attached to a standard. She further noted that circuses are a 19th century phenomenon dating back to a time when there was no television, etc. Now most circuses with an International reputation, such as the Canadian based Cirque du Soleil, do not use animals. She further noted that exotic animals in the wild are hunted to the point of becoming extinct. Councillor Levens advised that she visited an animal farm in Matsqui containing animals that used to be in the movies and suggested that all Council go out and see it as well as the facility mentioned by Ms. Paleron. ACTION REQUIRED -that By-law No. 5755-19999 be deferred for one month and that staff look into the concerns that have been raised by Committee this date. ) _) Committee of the Whole Minutes January 18, 1999 Page 13 3.2 Liquor Regulations and Policy Review Reference was made to the staff report dated January 11, 1999 The Municipal Clerk advised that the proposed recommendation in the report is twofold; (1) that Council receive the report for information; and (2) that Council provide direction with respect to the request from the Neighbourhood Pub Owners' Association of B. C. for a resolution opposing changes to any proposed regulations to permit restaurants to serve liquor without food. He further advised that the Union of British Columbia Municipalities (U.B.C.M.) met with the consultant last week but he has not heard further with regard to the position they have taken. He also noted that the B.C. Restaurant and Food Services Association (BCRF A) has withdrawn their request to speak to Committee today due to illness and have asked if they can appear at the January 26, 1999 Council Meeting to present their position on the Provincial Review. Councillor Stewart suggested that this matter be deferred as it is his understanding that Provincial regulations are forthcoming. . . It was noted that the review will be completed by the end of January and the consultant's recommendations will be presented to the Province at that time. Councillor King suggested that the BCRF A be scheduled to attend the January 26th Council Meeting and that if they provided a written submission, Council would be in a position to make a decision at the end of the meeting in order to meet the January 31st deadline. ACTION REQUIRED -That the report dated January 11, 1999 from the Municipal Clerk be received for information and that the B.C. Restaurant and Food Services Association be scheduled as a delegation at the January 26, 1999 Council Meeting. The Municipal Clerk advised that in the meantime he will ascertain what the U.B.C.M.'s position is on this matter. 4. COMMUNITY DEVELOPMENT AND RECREATION SERVICES Nil Acting Chair Councillor King. (Vice Chair) Committee of the Whole Minutes January 18, 1999 Page 14 5. OTHER ISSUES Nil 6. ADJOURNMENT 3 :30 p.m.