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HomeMy WebLinkAbout1999-02-15 Adopted Committee of the Whole Minutes.pdf) February 15, 1999 2:00 p.m. Council Chamber PRESENT: Elected Officials Mayor C. Durksen Councillor T. Baker Councillor J. Clements Councillor C. Gordon Councillor L. King Councillor B. Levens Councillor K. St~wart Corporation of the District of Maple Ridge COMMITTEE OF THE WHOLE MEETING MINUTES Appointed Staff R. W. Robertson, Chief Administrative Officer R. A. Wells, General Mngr of Financial and Corporate Services J. R. McBride, Municipal Clerk J. Rudolph, General Manager of Public Works and Development M. W. Murray, General Manager of Community Development, Parks and Recreation Services T. Fryer, Director of Current Planning S. Karasz, Confidential Secretary Other staff as Required C. Carter, Long Range Planner B. McDonald, Director of Community Services and Business Relations The Mayor advised that Acting Mayor King will chair the meeting, noting that Council has made a decision that the Acting Mayors will take turnings chairing Committee of the Whole meetings. 1. DELEGATIONS 1.1 227 Street Business Revitalization Committee -Presentation for Street Improvements Mr. Peter Hill advised that he is in attendance representing the business people on 227 Street regarding the Committee's proposal for 227 Street. He referred to the Downtown Core project and suggested that the two projects could go together. It his understanding that there is a Provincial grant available for their Committee's proposal. Mr. Hill introduced Mr. Lewis N. Villegas, B. Arch., to present the Committee's proposal. Mr. Villegas advised that the District can apply for a $100,000 matching grant for "bricks and mortar" work. He advised that the Committee hopes to put together a consensus vision of change for 227 Street that might be built in the short term that would Committee of the Whole Minutes February 15, 1999 Page 2 dovetail with future options that may include a collector function for the street with a vehicular carrying capacity of 30,000 to 40,000 cars per day. He displayed overhead drawings of their proposed initiative to create a "sense of place" which they hope will become a pilot project in partnership with Council and the Ministry of Municipal Affairs. He explained how a "village square" concept would be achieved through the imaginative use of trees, bollards and special pavement. He displayed photographs, etc. of other projects he has been involved in. Mr. Hill added that the Committee would like Council to talk to them so they can get the project rolling following their preliminary approach to Council today. He further advised that a Council resolution is required endorsing the grant application and the application has to be submitted before the deadline which is February 28, 1999. The endorsement can be in the form of a simple letter and the Committee will provide any design work that is needed. Acting Mayor King noted that while she applauds the 227 street merchants for wanting to make the suggested improvements, Council would have to make a decision on any commitment to Municipal resources . . Councillor Clements asked if the grant being offered is a Downtown Revitalization grant. The delegation explained that it is B.C. Neighbourhood Improvement Grant related to the Ministry of Municipal Affairs Infrastructure Implementation Grants program. The Mayor thanked the delegation for their presentation and suggested that they meet further with Planning Department staff who will then submit a report to Council. ACTION REQUIRED -that staff submit a report to Council on the proposal from the 227 Street Business Revitalization Committee. 1.2 Presentations re Maple Ridge Exotic Animal By-law No. 5755-1999 -(see Item 3.2) 1.2.1 The Vancouver Humane Society Ms. Debra Probert distributed photographs showing performing animals confined to filthy cages, etc. She explained the results of her research on the unsatisfactory living conditions of performing animals who are frequently abused and expressed her opposition to keeping them in captivity. She noted that depriving elephants, etc. of their natural habitat drives them insane which leads them to becoming violent and dangerous. She advised that there is no protection for these animals as there are no federal or provincial regulations in place governing exotic animals. Circuses can claim that they are promoting education. She added that Municipal legislation is very important and asked that Maple Ridge join other Municipalities in putting a by-law in place. ) Committee of the Whole Minutes February 15, 1999 Page 3 1.2.2 Rain Forest Reptile Refuge Society, Surrey 1.2.3 Ms. Christine Schramm advised that she has provided a refuge for reptiles since 1986 and invited Council to tour her shelter which is the only one of its kind in North America. There are presently 300 exotic reptiles at her refuge. Most of them ended up there after people bought them and decided they were too expensive or difficult to keep as pets. She explained that some of them, such as a Python or a 200 pound South American alligator, would be dangerous to the public if they escaped. Exotic reptiles also cause problems if they end up in habitats they do not belong in. She noted that many exotic reptiles brought into the country are kept in cages that are too small, etc. and many die before they reach the pet stores. Ms. Schramm asked that Council pass a by-law banning the sale of exotic animals. Francesca Profili, Maple Ridge Ms. Profili submitted a letter to Council dated February, 1999 entitled Maple Ridge Exotic Animal By-law No. 5755-1999 which, in summary, expresses her opposition to the abuse of performing animals and animals kept in captivity for public entertainment and private use as pets. Ms. Profili explains how a wild animal exists with a function in its own ecological niche and maintains an incredibly complex and balanced system that takes care of the health of our planet, etc. Animals are born with a genetic program and here is no way to provide animals in captivity with the things they had in the wild. She noted that there is a need to educate children with respect to animals and show them a different way of thinking. Ms. Profili spoke in support of enacting strong, effective legislation that will truly have an impact with a ripple effect to other jurisdictions around the world. Council has a tremendous power to make a positive, significant difference for people and animals alike. Acting Mayor King advised that the presentations make sense to her and she is in favour of pressing on with the proposed by-law. 2. PUBLIC WORKS AND DEVELOPMENT SERVICES 2.1 ALR/6/98 -26171 Dewdney Trunk Road This item was deferred from the Committee of the Whole Meetings of January 18 and February 1, 1999 and the Council Meeting of January 26, 1999. Reference was made to the staff report dated January 7, 1999 recommending that the subject application to subdivide approximately 9.3 hectares in the ALR into 9 lots not be authorized to proceed to the Agricultural Land Commission. Committee of the Whole Minutes February 15, 1999 Page 4 Councillor Stewart made the following points: These properties were zoned RS-3 prior to the lands being placed in the ALR in 1973. This is an application to subdivide within the ALR. He has some concern with subdivision in that area as well as some concern with the process. The Rural Plan recommends that the area be considered for a consolidation and clustering process which would necessitate putting services into the area that are not presently available, therefore, this application may be premature. He noted that there was an earlier recommendation that these lands be subdivided down to a reasonable agricultural unit. He does not feel two acres qualifies as a farmable unit but it is not up to him to decide nor does the Municipality have a policy in place as to what a farmable agricultural unit is. Also, the Municipality has never changed the RS-3 zoning. Council has looked at many changes to the OCP and basically decided not to permit development on ALR lands but to look to lands outside the ALR boundaries for development. He asked staff to comment on the RS-3 issue as well as Municipal policy with regard to a farmable unit of land and how that reflects on the direction given to the Municipality by the Agricultural Land Commission and the fact that the lands will stay in the ALR. The Genera1 Manager of Public Works and Development Services noted that as Council is aware, staff will be reviewing the existing ALR policies with Council next week. He anticipates considerable discussion on all the ALR issues . The Director of Current Planning displayed an overhead map of the site and surrounding lands. The ALR policy for the area is not to support exclusion from the ALR but to look at individual subdivision applications on their own merits. Council is still looking at the merits of subdivision in the ALR for this land in accordance with adopted Council policy. He referred to the clustering and consolidation recommendation from the Rural Plan Advisory Committee and noted that concept has not been fleshed out with the Agricultural Land Commission. The Commission has said that they want further discussions with Council but that discussion has not taken place. Councillor Gordon stated that she feels that the application is premature as Council needs to do work on the implementation of the Rural Plan. She does not support the subject lands being subdivided She stated that although the site is zoned RS-3, subdivision is not a right; it is a privilege. Council should be looking at these lands and making policy in terms of what they think is best for the community. Council has not yet had that discussion. She feels that the application should be denied or it should come back to Council after that discussion has taken place. The applicant, Mr. Slade Dyer, was in attendance and made the following points: ■ This is not an application for exclusion from the ALR. This is only an application to the Land Commission for approval to subdivide land within the ALR pursuant to the Agricultural Land Commission Act. _,I Committee of the Whole Minutes February 15, 1999 Page 5 • The lot sizes proposed for consideration by the Land Commission are consistent with the lot sizes permitted under the current zoning for this site. • The zoning for this site is RS-3 (One Family Rural Residential) which allows for agricultural uses the same as in the A-2, A-2 and A-3 zones. This site ha been zoned RS-3 since 1961. • For land use purposes, the existing zoning takes precedence over the Official Community Plan or Rural Plan and no rezoning of the site is being proposed. • If this proposal is supported by the Land Commission, a subdivision application would still have to be made to the Municipality to ensure compliance with all other subdivision requirements, including servicing. This development, however, would not have a negative effect on the current infrastructure. • The applicants cannot see any reason that should prohibit this application from being forwarded to the Land Commission. In the absence of the ALR, the Municipal zoning adopted by Council defines what the permitted uses of this site are and the applicants are complying with those conditions. • The ALR question is one of agricultural capability and lot sizes and in the applicants' opinion, this should be addressed by the Agricultural Land Commission for site specific applications such as this one. Therefore, they respectfully request that this application be authorized to proceed to the Land Commission for consideration. Councillor Levens spoke in support of the application proceeding to the Agricultural Land Commission, noting that it was the Commission who put the lands in the ALR and therefore the affected property owners should have the right to make application to the Commission if they want changes. The Mayor noted the need to review the ALR policies. He also spoke in opposition to approving development in new areas until development in the areas designated for urban growth has taken place. Councillor Gordon agreed, noting that it is difficult to find infrastructure funding, etc. for the areas approved for development, let alone new areas. Councillor Baker stated that in fairness to the applicant, he believes this application is premature and it should be deferred until after the review of the ALR policies has taken place. It would not be fair to deny it on the basis of the existing policies if there could be changes to those policies. ACTION REQUIRED -that ALR/6/98 be deferred until after Council has completed its review of the current ALR policies. Committee of the Whole Minutes February 15, 1999 Page 6 2.2 RZ/33/98-21726-J24Avenue-RS-1 to RS-lb -By-law No. 5762-1999 Reference was made to the staff report dated January 21 , 1999 recommending that the subject by-law to create approximately six lots be read a first time. The Committee agreed to the following recommendation: RECOMMENDATION That Maple Ridge Zone Amending By-law No. 5762-1999 be read a first time. 2.3 RZ/22/98 -12169 -228 Street -RS-1 to RM-1 -By-laws No. 5759-19999 and 5760- 1999 Reference was made to the staff report dated January 29, 1999 recommending that the subject by-laws to permit the construction of four self-contained detached residential units be read a first time. The Commrttee agreed to the following recommendation: RECOMMENDATION That Maple Ridge Zone Amending by-law No. 5759-1999 and Maple Ridge Official Community Plan Amending By-law No. 5760-1999 be read first time. 2.4 RZ/4/95 -20141 Telep Avenue-RS-3 to RS-lb-Request/or a One Year Extension Reference was made to the staff report dated January 22 , 1999 and the Committee agreed to the following recommendation: RECOMMENDATION That pursuant to Maple Ridge Development Procedures By-law No. 5632-1997, a one year extension be granted to Rezoning Application RZ/4/95 to rezone property at 20141 Telep Avenue from RS-3 to RS-lb to permit an adjustment in the zoning boundary to permit the creation of one additional lot. 2.5 DVP/34/98-12200 Block o/224 Street Reference was made to the staff report dated February 1, 1999 recommending ( l) that the subject application to permit a variance in the parking requirement from 1.5 stalls per unit ) Committee of the Whole Minutes February 15, 1999 Page 7 to 0.5 stalls per unit be considered at the March 9, 1999 Council Meeting following appropriate notification and (2) that as a condition of the issuance of the permit, a restrictive covenant be registered at the Land Titles office limiting the use to a senior citizens' dwelling. The Director of Current Planning displayed an overhead map of the site and explained that the application was originally for an apartment building. It has now evolved into a congregate care facility and the applicants have requested a reduced parking standard. It is proposed to place a restrictive covenant on the title of the property limiting the age of the residents of the facility to 75 years and older. A Councillor suggested that instead of using the age restriction as a means of reducing the parking standard, that the zoning by-law be amended to include provisions for parking for congregate care facilities. The Director of Current Planning explained that the instead of making the applicants start from the beginning and go through another public hearing, etc. when they changed the focus of their application, staff suggested that they apply for a Development Variance Permit. Councillor Levens questioned if the reduced parking standard would be adequate for staff parking. She also questioned why age is restricted to 75, noting that in some cases people could need congregate care at 45. She suggested that the applicants appear before Council to provide further information. Mr. Jerry Nowee, the proponent of the project, was in attendance and advised that he has managed a number of seniors' housing and congregate care facilities throughout the country over many years. Some Municipalities have a specific by-law for congregate care but Maple Ridge does not have one. The typical age of the residents range from 75 to the 90's. The average age is 82 to 84. He advised that there will be 5 to 6 parking stalls for staff. People providing professional services come to the facility at specific times. The residents typically do not use cars. Councillor Baker questioned if there is any ability to increase parking on the site if the building ceased to be used as a congregate care facility. He is concerned that the building would be left with not enough parking for a different use. The Director of Current Planning responded that it would be virtually impossible to increase the on-site parking. There would be a restrictive covenant on the building so another congregate care facility could move into it. If they wished to remove the restrictive covenant and tum the building into something else, the only recourse would be to have parking on another site. Committee of the Whole Minutes February 15, 1999 Page 8 Mr. Nowee explained that the units are very small and do not have full kitchen facilities . There is a large common area and it would not be very practical for the building to be used for another purpose. Councillor Baker suggested that there could be a constitutional challenge against the age restriction. The Director of Current Planning referred to a case where that happened and offered to bring back further information to Council on the outcome. Councillor Clements noted that it has been his experience with similar facilities that there is never enough visitor parking, noting that people in congregate care in general require considerable family support. Mr. Nowee responded that there will be a total of 64 stalls for residents and staff and also noted that on street parking is permitted on 224 Street. Councillor Levens commented that she feels that there is already too much parking on the streets in Maple Ridge. Councillor Baker asked if Council could be provided with the information they have requested before the application goes to the next Council meeting. The Committee agreed to the following recommendation. RECOMMENDATION That the Municipal Clerk be authorized to notify qualifying property owners that approval of DVP/34/98 respecting property located in the 12200 Block of 224 Street will be considered by Council at the March 9, 1999 meeting; and that as a condition of issuance of this permit, a restrictive covenant will be registered at the Land Titles office limiting the use to a senior citizens' dwelling. Note: Mayor Durksen excused himself from the Council Chamber prior to Item 2.6 being placed on the floor as he is a member of the church involved in the application. 2.6 DVP/35/98-22155 Lougheed Highway Reference was made to the staff report dated February 4, 1999 recommending that the subject application to waive the requirements to upgrade the street frontages be considered at the March 9, 1999 Council meeting following appropriate notification to adjacent property owners. The Committee agreed to the following recommendation: ) ) Committee of the Whole Minutes February 15, 1999 Page 9 RECOMMENDATION That the Municipal Clerk be authorized to notify qualifying property owners that approval of DVP/35/98 respecting property located at 22155 Lougheed Highway will be considered by Council at the Council meeting of March 9, 1999. Note: Mayor Durksen returned to the Council Chamber at this point in the meeting. 2. 7 DP/3/99 -22987 -Dewdney Trunk Road Reference was made to the staff report dated January 29, 1999 recommending that the subject Development Permit to permit a commercial development (Tim Horton's Restaurant with drive-through facility) be executed. Mr. Gord Richards, Urban Design Group, displayed drawings of the proposed facility. He requested that the applicants be exempted from the following two recommendations of the Advisory Design Panel (ADP) (1) The ADP strongly encourages a low profile sign on Dewdrley trunk Road similar to the proposed Chevron sign at 216 Street and Dewdney Trunk Road; and (2) The ADP recommends the retention of the "Chestnut" tree on the east side of the site. Mr. Richards advised that the proponents do not want to lower the sign because it will attract vandalism and the landscape vegetation they plan to put in will block the sign. He further advised that the Hazelnut tree they have been asked to retain is more like a huge bush with about 20 stalks and is beginning to deteriorate as it has a fungus. His landscape architect feels that the tree is nearing the end of its maintainable cycle. He is requesting that Council permit the proponents to replace the tree with a more attractive tree that would grow to the same proportions. Councillor Clements noted that other establishments have installed signs at the height recommended by the ADP and questioned how they avoid vandalism. Mr. Roberts responded that they don't; they continually replace the sign. He also noted that the residents are opposed to the comer treatment as they feel it might attract loiterers. Councillor Clements noted that this will be a 24 hour operation located adjacent to a residential area and questioned if the drive-through restaurant will have outside loudspeakers, noting that some of them can be heard over a block away. Mr. Richards responded that the properties to the west and to the north are designated CS- 1 and will become commercial development. The issue of the loudspeaker was raised by a neighbour to the north and that concern was answered by a representative of Tim Committee of the Whole Minutes February 15, 1999 Page 10 Horton's. They will attempt to operate the volume control in such a way that they will only be dealing with the driver during the audio interchange. Councillor Clements expressed concern with respect to the impact of lighting on the residential area. Mr. Richards advised that issue came up during the public information and Advisory Design Panel meetings. They have agreed to put in low lights illuminating the face of the building. The lighting will be on low poles. Councillor Gordon noted that although the properties referred to by Mr. Richards are designated Commercial for the future, there are people living in residences right beside the proposed Tim Horton's site. There will be activity there late at night. There are already problems with night time drive-throughs. People go there from licenced establishments and do not always behave in the most respectful way in residential neighbourhoods. She feels that Council needs to have a discussion about permitting commercial activity right up against residential areas. Councillor Gordon noted that the proposed restaurant facility is going onto a site that once contained a house that was considered to be of heritage significance and asked if there will be anything on the site to indicate its former heritage characteristics. The applicant advised that the proposed building differs from the standard Tim Horton's design. In terms of the heritage issue, they have taken photographs of the building that was on the site and will put them up in the new building along with a plaque. He further noted that the vegetation on the site is overgrown, deteriorating and flowing over onto Municipal property. Councillor Gordon questioned if there is any guarantee the there will be a plaque and a photo displayed at the new restaurant. Mr. Barj Dahan, the owner of the site, advised that he is a member of this community and owns a number of properties in the area. He has listened to the concerns of this neighbourhood. He offered his personal guarantee and commitment to follow through on the placement of the historical photographs and plaque at the new facility. ACTION REQUIRED -Acting Mayor King asked that a copy of the Minutes of this item be forwarded to the Heritage Advisory Committee. Councillor Levens suggested getting rid of the old tree altogether and putting in some nice landscaping. Councillor Baker proposed an amendment to the recommendation ( seconded by Councillor Levens) that the applicants be permitted to forego the recommendations of the ) _) Committee of the Whole Minutes February 15, 1999 Page 11 Advisory Design Panel to install a low profile sign on Dewdney Trunk Road and to retain the tree on the east side of the site. Councillor Stewart stated that he 1s must support the opm1on and expertise of the Advisory Design Panel. Councillor Gordon stated that she will not support the amendment. Councillor Levens indicated her support of the amendment, noting that the ADP operates in an advisory capacity. She further noted the District has a Sign By-law and if there are concerns, then that by-law should be reviewed, and the ADP should give Council reasons as to why the by-law is wrong. The Committee did not concur with the proposed amendment. The Committee, with the exception of Councillors Baker and Levens, concurred with the following recommendation: RECOMMENDATION 2.8 That the' Municipal Clerk be authorized to sign and seal DP/3/99 respecting property located at 22987 Dewdney Trunk Road subject to compliance with the recommendation of the Advisory Design Panel to incorporate a low profile sign for the project. Secondary Suites -Secondary Suite Policy Report Reference was made to the staff report dated February 4, 1999 providing eight recommendations with respect to secondary suites. Several Councillors spoke of the many hours of discussion and compromise that were required to come up with the recommendations for secondary suites. They highlighted several provisions of the proposed by-law and policies related to enforcement, the option for the residents to request that secondary suites not be allowed in their neighbourhoods, owner occupation, etc. The Committee agreed to the following recommendation: RECOMMENDATION That with respect to secondary suites, be it resolved: 1. That Maple Ridge Zone Amending By-law No. 5680-1998 be read a second and third time; 2. That staff prepare "Schedule "E" Secondary Suite Exclusion Areas for inclusion in Maple Ridge Zoning By-law No. 3510-1985, and Committee of the Whole Minutes February 15, 1999 Page 12 that properties with restrictive covenants stating that the property is for single family residential purposes only be identified on that Schedule; 3. That Maple Ridge Off Street Parking and Loading Amending By-law No. 5681-1998 be read a first and second time and that rules of order be waived and Maple Ridge Off Street Parking and Loading By-law No. 5681-1998 be read a third time. 4. That Maple Ridge Building Amending By-law No. 5682-1998 be read a first and second time and that the rules of order be waived and Maple Ridge Building Amending By-law No. 5682-1998 be read a third time; 5. That Maple Ridge Business Licence Amending By-law No. 5683-1998 be read a first and second time and that rules of order be waived and Maple Ridge Business Licence Amending by-law No. 5683-1998 be read a third time. 6. That the proposed Maple Ridge Secondary Suites Policy be adopted when final reading is given to the amending by-laws related to secondary suites; .. 7. The proposed Maple Ridge Secondary Suites Policy -Guidelines for Exclusions be adopted when final reading is given to the amending by-laws related to secondary suites; and 8. That Council Policy 5.37 By-law Enforcement of Illegal Suites be revised and replaced with the By-law Enforcement of Illegal Suites Policy as identified in the staff report dated February 4, 1999 entitled Secondary Suite Policy Report. The Mayor raised several queries regarding enforcement. The Director of Community Services and Business Relations advised that enforcement will be done upon one complaint but it must be from someone deemed to be directly affected by the secondary suite. He also clarified that infractions presently go through the Provincial courts and not the Municipal Ticketing Information (MTI) system. 2. 9 Building Department Statistics for January, 1999 Reference was made to the above noted statistics. The Committee agreed to the following recommendation: RECOMMENDATION ) Committee of the Whole Minutes February 15, 1999 Page 13 That the Inspection Services Department Building Statistics for the month of January, 1999 be received for information. 3. FINANCIAL AND CORPORATE SERVICES (including Fire and Police) Chair Vice Chair 3.1 Disbursements for the Month ended December 31, 1999 Councillor J. Clements Councillor K. Stewart Reference was made to the staff report dated January 18, 1999 in support of the following recommendation contained therein: The Committee agreed to the following recommendation: RECOMMENDATJON That the Disbursements as listed below for the month ended December 31, 1999 now be approved: General Payroll Total $3,702,631.37 670,934.11 $4,373,565.48 3.2 Wild or Exotic Animals (By-law No. 5755-1999) -See also Item 1.2 This item was deferred from Committee Meeting of January 18, 1999 for further information. Reference was made to the staff report dated January 27, 1999 recommending that Maple Ridge Exotic Animal By-law No. 5755-1999 be granted three readings. Councillor Gordon stated that the by-law prohibits elephants from performing but allows then to walk in a parade. She is opposed to both. Councillor Stewart stated that there is inconsistency in Schedule "A" and Part 4. Deer ad Buffalo should be included. He was also opposed to ferrets being included in the by-law. Committee of the Whole Minutes February 15, 1999 Page 14 Acting Mayor King suggested that the definition of exotic animal be refined. Councillor Levens suggested getting the by-law passed as soon as possible and seeing if it serves the public. Councillor Baker suggested giving the by-law second reading only and sending it out to the public for input. He wants to get the by-law right before passing it. Councillor Clements felt that Item 3 contradicts Item 6. The Director of Community Services and Business Relations clarified that if the Municipality entered into any contractual arrangements prior to the adoption of the by- law, the by-law would not apply to those cases. Councillor Gordon stated that she will support the by-law and hoped that the necessary adjustments can be made prior to third reading. The Committee agreed to the following amended recommendation: AMENDEDRECQMMENDATION That Maple Ridge Exotic Animal By-law No. 5755-1999 be read a first and second time. 4. COMMUNITY DEVELOPMENT AND RECREATION SERVICES -Nil 5. OTHER ISSUES -Nil 6. ADJOURNMENT 4:15 p.m. r of the Committee /sk