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HomeMy WebLinkAbout1999-03-29 Adopted Committee of the Whole Minutes.pdf) March 29, 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. Stewart 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 Manager 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 Brock McDonald, Dir. of Community Serv. and Business Relations D. Vezina, By-law Enforcement Officer, M. Rossi, Planner J. Scherban, Director of Development Engineering, P. Gill, Director of Corporate Planning and Protective Services Peter Grootendorst, Dane Spence, Howard Exner, Fire Department The meeting was chaired by Acting Mayor King. 1. DELEGATIONS 1.1 By-law Enforcement Office/Business Licencing -Update The Director of Community Services and Business Relations reviewed and distributed copies of a report containing information on 1998 and 1999 Business Licence Statistics, 1999 Business Licence initiatives, By-law Statistics and a Parking Enforcement Summary. He highlighted the following statistics: • 2199 licence renewals were mailed out at the end of November, 1998 and 1270 reminder notices were sent out on February 10, 1999. As of March 16, 1999 payment Committee of the Whole Minutes March 29, 1999 Page 2 has been received as follows -store front businesses -91 %; home based businesses -65% • With respect to the 1999 Business Licence Initiatives, the NAICS Code system has been completed. The business licence directory is close to completion. • Parking tickets issued in 1998 -4108; Revenue collected -$47,248.82. D. Vezina, By-law Enforcement Officer, elaborated on the 1997 and 1998 by-law statistics contained in the report. She noted that noisy dog complaints were down in 1998 due to the Department's new system which involves contacting the owner first to ask for their co-operation. She further noted that in the case of domestic garbage infractions, the volume per complaint is up and that there have been cases where up to 100 bags of garbage were found in one yard. On question, she clarified that the Department works closely with the Health Unit with respect to serious infractions regarding domestic garbage, etc. Councillor Gordon referred to renewal of home occupation licences and suggested that if that is not already the case, the renewal forms include a section where the home owner can advise the District if they have discontinued their business. Acting Mayor King questioned if there is a penalty for late payment of business licences or any incentive to pay on time. The Director offered to look into the issues raised by Councillor Gordon and Acting Mayor King. Councillor Levens and Councillor Clements asked if there is a pro-rated business licence fee for seasonal businesses, short term ventures, craft shows or one time events. The Director of Community Services and Business Relations noted that the only discounted rate at present is that if a business licence is taken out in August, the applicant is charged for half a year. He is checking to see what other Municipalities do with respect to seasonal operations, etc. Councillor Baker suggested that business licences can be claimed as an expense and that people should just pay the going rate. • The delegation left at this point in the meeting. 1.2 Fire Department -Update ) Committee of the Whole Minutes March 29, 1999 Page 3 The following Fire Department staff were in attendance for this item -Peter Grootendorst, Manager of Operations; and Howard Exner, Training and Public Education Officer. The Manager of Operations advised that the Fire Department has been very busy the last three months due to inclement weather, several very serious motor vehicle accidents, structure fires, etc. He highlighted several issues that the Fire Department has been involved in which are summarized as follows: • Fire Department Quarterly Newsletter. This will improve the exchange of information between the Fire Halls and will inform the RCMP, Search and Rescue and neighboring Fire Departments of current events in the Fire Department. • Updating of Map Books The map books are divided into grids and identify specific areas of the Municipality. When the Fire Department receives an emergency call, their computer and dispatch systems automatically match the address with a grid number in the map books and shows the location of fire hydrants, etc. The Engineering Department has provided a new digital format this year which will permit timely revisions and enable the Fir~ Department to maintain the most current maps available. • Y2K Computer Review An inventory has been created and all but two areas, which will be updated, are compliant • Development of a Pre-plan for Flooding • Fire Hall No. 2 Status The tender for Fire Hall No. 2 has been awarded and a new training room and expanded truck bay area will be completed in three months. • 25 Year Lo7Jg Service Awards -nine members were presented with their awards by the Municipal Council and they wish to thank Council for their kind words. The Training and Public Education Officer explained the Passport Accountability system He advised that one of the Department's main priorities when attending a fire is the safety of the firefighters. The Passport Accountability system allows the Fire Department to locate any fire fighter at any time should something happen catastrophically. The Committee of the Whole Minutes March 29, 1999 • Page 4 Passport Accountability system involves the members placing their tag on a board at the scene as well as other measures and the system is working well. He further noted that 15 new recruits have been selected from 80 applicants to begin fire fighter training at the beginning of April. Acting Mayor King commended the Fire Department staff for the highly efficient way in which they manage the Fire Department. 2. PUBLIC WORKS AND DEVELOPMENT SERVICES 2.l Latecomer Agreement LC/64/99-243A Street and J00B Avenue-(SD/31/97) Reference was made to the staff report dated March 2, 1999 recommending that the above noted agreement be executed. RECOMMENDATION That with respect to the subdivision of lands involved in SD 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 land being subdivided,. and 2. That the Latecomer charges be imposed for such excess or extended services on the parcels and in the amounts a set out in the staff report dated March 2, 1999 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 ALR/3/98-13175-232 Street Reference was made to the staff report dated March 15, 1999 recommending that the subject application to permit a non-farm use within the Agricultural Land Reserve (ALR) be authorized to proceed to the Agricultural Land Commission. Note: This application was deferred from the March 1, 1999 meeting at the request of the applicant. (The February 17, 1997 staff report submitted to that meeting was subsequently reviewed in consultation with the applicant and the spreadsheet of proposed uses was revised and attached to the March 15, 1999 report). Committee of the Whole Minutes March 29, 1999 Page 5 Mr. Barry Sky, the applicant, came forward and advised that he wished to make the following comments on behalf of the property owner prior to the Committee considering the recommendation. The applicants agree with the recommendation, however, there are a number of requested uses that staff does not support and the applicants are requesting Council's support for all of the uses. The staff report of February 17, 1999 addresses the issue of their past application and Council of the day supported the uses. The applicants feel that a mistake occurred at the Agricultural Land Commission (ALC) and have confirmed that with ALC staff. The important factor is that the applicant was denied an opportunity to appear at an ALC meeting after requesting to be able to do so. Mr. Sky further explained that if this application progresses, and assuming that Council supports the recommendations and the ALC concurs, their objective is to rezone the site to a CD (Comprehensive Development) zone which will invoke a Public Hearing. The applicants believe that the proposed uses will stand the test of a Public Hearing. Mr. Sky also advised that when the original stable/arena was applied for in 1994, approval was received from the ALC which stated that the ALC allows the applicant to use the property for an equestrian centre and "other uses associated with the operation". The applicants believe that the requested uses conform to what an equestrian centre is all about. Mr. Sky noted that the Timberline Ranch operation, which is smaller and zoned for . Institutional use, allows uses not requested by the subject application. There is one element of comparison; Timberline Ranch is an exact replica of the subject arena, however, they have classrooms for religious instruction. That building is used for many purposes by 200 to 300 people as an assembly use. The applicants ask that Council give consideration to the requested uses in the same manner as Timberline Ranch as many of the assembly uses they are requesting will occur in exactly the same type of building. Mr. Sky also referred to the Maple Ridge Equestrian Centre, which has been in the Agricultural Land Reserve (ALR) since 1974, and noted that the uses of that facility are governed by a Land Use Contract (LUC). The LUC simply states "to allow the operation of an equestrian centre" with no further definition, as does the related By-law No. 2225- 1974 adopted on September 3, 1974. The By-law and LUC were executed after the ALR designation was put in place. The riding centre became subject to ALR regulations. The LUC was modified in 1982 and 1983 to allow additional uses. Mr. Sky stated that the uses they are requesting are currently taking place at the Maple Ridge Equestrian Centre, with the exception of the pub, but they want to operate all the other aspects and have the ability to respond to the needs of the various horse sports. He cannot understand why one facility is allowed to operate under the broad definition of "equestrian centre" and why they must seek approval for a CD zone thereby defining Committee of the Whole Minutes March 29, 1999 Page 6 every possible present and future use. Even if they overcome all the hurdles, they will still be subject to the continuing interpretation of the CD zone. He added that the Maple Ridge Equestrian Centre works well, common sense has prevailed and the operation has grown and they would like to receive the same treatment. On question from Councillor Stewart, the Director of Current Planning confirmed that if the applicants received a positive response from the Agricultural Land Commission (ALC), they would still have to come back to Council with an application to rezone the property to a CD zone within the ALR and there would be a public information meeting and a Public Hearing required. Councillor Stewart posed the question as to whether, at the end of the day, Council would consider all the input from the proponents, the public and the ALC and decide what the permitted uses would be. The Director of Current Planning responded that this is an unusual cases as the ALC is also involved in making some decisions on the uses. That is where the extra step is being taken. Councillor Stewart asked, at the end of the day, if it will be the ALC who will define the uses of this property or if it will be Council under the CD Zone. The Director of Current Planning responded that at the end of the day it will ultimately be Council's decision whether to permit a CD Zone for this project, however, if Council chose to add uses to the CD Zone that were not compatible with non-farm use provisions, they would not be permitted at the site because they would not have ALC approval. Acting Mayor King noted that the ALC jurisdiction supersedes that of the District in some cases. Councillor Stewart noted that it is a dual jurisdiction; the ALC would allow the uses but they would have to be sanctioned by Council. Councillor Baker stated that the delegation has raised an important point; he questioned if this property was previously sanctioned by Council to be a riding centre, noting that this is simply a question of land use. If the equestrian centre is permitted to be there, then the uses on that land come under the question of the Public Hearing process. He objected to all the concerns raised in the 1996 report being put into the new report. It seems to him that we are saying yes to lots of things that would cause concerns in isolation and yet we already have an equestrian centre in place. This is a business proposition to do a job on a piece of land within this Municipality. ) Committee of the Whole Minutes March 29, 1999 Page 7 He added that in view of the information Council has received, this matter should be referred back to staff to provide a proper recommendation that Council can forward to the ALC so they can make their decision first and Council can make their decision second. Acting Mayor King advised that staff makes recommendations in compliance with adopted policies. The Director of Current Planning advised that the properties are presently zoned RS-3 and RS-2. They have to be rezoned to permit an equestrian centre. As a prelude to that zoning application, this ALR application has come forward. The use matrix was established working with the applicant and is related to his business plan. Staff has recommended support for some of the uses. Generally speaking, some of these uses are attached to an equestrian centre and some of the uses are not considered by staff to be related directly to an equestrian use of the property. The application has come forward because a similar application came forward in 1996 but was not presented to the ALC by staff. The applicant wants a chance to present the entire package to the ALC and staff feels that it is appropriate for him to have a second hearing before the ALC with Council having input into it. The Mayor questioned if the proposed uses will meet parking standards and building codes. The Director of Current Planning advised that part of staffs concerns relate to assembly type uses that have occurred outside the by-law which are also of concern to the Fire Department. It is premature for the site to be used in that manner until it is properly zoned. Those issues would form part of a staff recommendation at the zoning stage but staff will have better guidance if they know what the Commission and Council are willing to support. Staff can then govern themselves accordingly in terms of building code regulations, etc. On question from Councillor Clements, the Director of Current Planning advised that a Land Use Contract is a form of zoning, however, they have been discontinued and the CD Zone is now the closest equivalent. Councillor Gordon stated that she has questions she needs clarified before the application is voted on at the Council Meeting. She referred to the entertainment use and noted that a large event, i.e. a big musical performance, could cause parking problems in the area. • ' the Director of Current Planning responded that parking is a concern of staff as there is no overflow parking area and a large musical performance with absolutely no boundaries would present a problem in terms on-street parking. Staff recommends that an entertainment use at the site be related to an equestrian use. He further clarified that if a large assembly use in a building poses a fire hazard, the Municipality can take remedial action. Committee of the Whole Minutes March 29, 1999 Page 8 Councillor Levens noted that this application has been discussed since 1996 and she is in favour of letting it go to the Agricultural Land first and then Council can discuss the uses. Acting Mayor King suggested that Council simply attach the Minutes of this discussion to the application and send it forward and the ALC will know where Council is coming from. The Director of Current Planning advised that one of the initiatives of this meeting was to clarify the matrix of uses. He realizes that there may not be approval of uses by the entire Committee. The issue of sending this application to the ALC with support or without support is important to the applicant. Acting Mayor King added that the question is whether the Committee supports the matrix of uses in their current form or in some other form. Councillor Stewart proposed the following amended recommendation which received the concurrence of the Committee: AMENDED RECOMMENDATION That Application ALR/3/98 (property at 13175 -232 Street) be authorized to proceed to the Agricultural Land Commission recommending that it stay within the Agricultural Land Reserve under the Comprehensive Development (CD) Zone to achieve an equestrian centre with the appropriate conditions to be laid out by· Council at the rezoning stage. Councillor Levens asked if the two pages in the staff report showing the uses and proposed uses will be forwarded to the ALC with the application. She does not want them to be included. The Director of Current Planning responded that the ALC normally asks for the complete package and a Council resolution. Councillor Baker asked why the two pages have to be submitted, noting that the ALC already turned the application down once because of the documents that were submitted. The Chief Administrative Officer advised that if an application is forwarded to the ALC without staff advice, they will write back to the District for it and there will be a delay in the application process. The Director of Current Planning noted that Council will be sending a message to the ALC through their resolution. ) Committee of the Whole Minutes March 29, 1999 • Page 9 2.3 RZ/75/89 -22777 Selkirk Avenue -(Valley Fair Mall) -Request for One Year Extension -(Rescind By-laws 4401 and 4402-1990) Reference was made to the staff report dated March 16, 1999 recommending that a request for a one year extension of the subject application to permit an expansion of the Valley Fair Mall not be granted, on the rationale that redevelopment of the Valley Fair Mall should be evaluated within the context of development plans for the core area and the transportation network, and that By-laws No. 4401-1990 and 4402-1990 be rescinded. The Director of Current Planning displayed an overhead map of the site and noted that the application to create an Overwaitea (now Save-on) store and a two tier parking structure is 10 years old. In evaluating the request for an extension, staff feels that there are other issues that have arisen since then such as the development of the downtown core and a transportation plan for the core. Staff feels that it is more appropriate to bring together a new application rather than continue a ten year old application when there is new information regarding those two initiatives. Mr. Peter Kudumae, a representative of the applicant, advised that he only received details of this report on Friday at 4:00 p.m. and has not been able to prepare a presentation. He advised that he has been holding discussions during the past several months with Save-on regarding renewing the original proposal. Their business has grown as have the business in the rest of the shopping centre. They were just in the process of moving ahead on this project again. He has had indications from the Mayor and others that it is desirable for them to expand and strengthen the shopping centre. The applicants are now in a position where the economies are coming to a point where they can do that. They are asking for an extension so that there are not any further undue delays in getting this project moving. Acting Mayor King asked if the applicants want to proceed with the same design they submitted 10 years ago. Mr. Kudumae advised that the old plan anticipated that the current Save-one store would remain for other uses. It will now be eliminated as a new store will be constructed, and a new parking lot will be constructed at the location of the old store. This plan will eliminate the need for the new parking area that was proposed. Councillor Stewart noted that there are six outstanding conditions to be fulfilled by the applicant and questioned how many have been completed. The Director of Current Planning advised that all six conditions are still outstanding at this time. Staff has yet to look at the new developll,lent proposal referred to by Mr. Kudumae and would have to consider issues such as the new Ministry of Transportation and Highways (MOTH) parking standards. The Mayor stated that he has talked to Mr. Bucci of Bucci Investments, the owners of the mall, about the new plans. He would like to know what Mr. Bucci's commitment is to the District before proceeding further. Committee of the Whole Minutes March 29, 1999 Page 10 Mr. Kudumae advised that their position has been that before making their approach to the District to proceed, they should have all their ducks in a row with respect to financing, etc. 95% of their issues have been resolved. They are working out details of the lease conditions that would apply. When all is in order, they will come to Council with a complete scheme so that Council can make a final decision. The Mayor expressed concern that if the applicants are granted a one year extension, they will not take any action for another year, noting that Council wants to proceed with the town core project. Mr. Kudumae stated that they are within two or three weeks of being ready. The Committee agreed to the following recommendation: RECOMMENDATION That the request for a one year extension of RZ/75/89 (22777 Selkirk Avenue - Valley Fair Mall) be deferred to the April 19, 1999 Committee of the Whole Meeting. Acting Mayor King asked that the following action be taken: ACTION REQUIRED -that the issue of the new MOTH parking standards be placed on a Council Staff Agenda for discussion. 2.4 RZ/35/94-23089 Lougheed Highway RS-3 to RM-I -(Rescind By-law 5152-1994) Reference was made to the staff report dated March 15, 1999 recommending that a one year extension of the subject application to permit approximately 37 townhouse units not be granted, on the rationale that any development for the site should be reconsidered within the context ,of an OCP amendment and the current plans of the Ministry of Transportation and Highways for the area, and that By-law No. 5152-1994 be rescinded. Note: Due to time constraints involving another commitment, the Committee agreed to the following action being taken: ACTION REQUIRED -that this item be deferred to the April 19, 1999 Committee of the Whole Meeting. 2.5 RZ/38/94-11383-232 Street-RS-3 to RM-I (Rescind By-law 5153-1994) Committee of the Whole Minutes March 29, 1999 Page 11 2.6 Reference was made to the staff report dated March 15, 1999 recommending that a one year extension to the subject application to permit approximately 119 townhouse units not be granted, on the rationale that any development for the site should be reconsidered within the context of an OCP amendment and the current plans of the Ministry of Transportation and Highways for the area, and that By-law No. 5153-1994 be rescinded. Note: Due to time constraints involving another commitment, the Committee agreed to the following action being taken: ACTION REQUIRED -That this item be deferred to the Committee of the Whole Meeting of April 19, 1999. RZ/39/94 -11300 Block West Side of 232 Street -RS-3 to RM-1 -(Rescind By-law 5151-1994) Reference was made to the staff report dated March 15, 1999 recommending that a one year extension to the subject application to permit approximately 34 townhouse units not be granted, on the rationale that any development for the site should be reconsidered within the context of an OCP amendment and the current plans of the Ministry of Transportation and Highways for the area, and that By-law No. 5151-1994 be rescinded. Note: Due to time constraints involving another commitment, the Committee agreed to the following action being taken: ACTION REQUIRED -That this item be deferred to the Committee of the Whole Meeting of April 19, 1999. 2.7 RZ/20/93 -22136 and 22150 Dewdney Trunk Road -RS-1 to RM-2 -Request for a One Year Extension Reference was made to the staff report dated February 19, 1999 recommending that a one year extension be granted to the subject application to permit a four storey 46 unit apartment building. Note: Due to time constraints involving another commitment, the Committee agreed to the following action being taken: ACTION REQUIRED -That this item be deferred to the Committee of the Whole Meeting of April 19, 1999. Committee of the Whole Minutes March 29, 1999 Page 12 2.8 Off Street Parking-Pay in Lieu 1/98 -22347 Lougheed Highway Reference was made to the staff report dated March 16, 1999 acknowledging election by the applicant for a pay-in-lieu proposal for 3 parking spaces totalling $37,500. Note: Due to time constraints the Committee did not act on the following recommendation and agreed to forward it directly to the April 13, 1999 Council Meeting: -RECOMMENDATION That with respect to the Off Street Parking and Loading By-law No. 4350-1990 as amended, be it resolved that the election by the applicant for the development at 22347 Lougheed Highway for a pay in lieu of three spaces totalling $37,500.00 is hereby acknowledged. 2.9 Local Improvements -Borrowing Certificate Reference was made to the staff report dated March 9, 1999 in support of the following recommendation contained therein: Note: Due to time constraints the Committee did not act on the recommendation and agreed to forward it directly to the April 13, 1999 Council Meeting: RECOMMENDATION That the report of the Municipal Clerk dated March 9, 1999 with respect to a Borrowing Certificate for 1999 be received for information purposes; and further that the Municipal Clerk be authorized to apply to the Inspector of Municipalities for a Borrowing Certificate pursuant to Section 635 (4) of the Municipal Act for anticipated local improvement projects; said Borrowing Certificate to be in the amount of $750,000.00. 2.10 Review of Fees and Charges -Engineering Operations Reference was made to the staff report dated March 1, 1999 recommending by-law revisions with respect to the actual costs versus the approved fees. Note: Due to time constraints the Committee did not act on the following rncommendation and agreed to forward it directly to the April 13, 1999 Council Meeting: \ J Committee of the Whole Minutes March 29, 1999 Page 13 RECOMMENDATION That with respect to the staff report dated March 1, 1999 entitled Review of Fees and Charges, be it resolved: 1. That Schedule "C" to Maple Ridge Waterworks Regulation By-law No .. 2675- 1979 as amended be further amended by: i) Deleting $950.00 under item 1 -20 mm connection -and replacing it with $1,050.00; ii) Deleting $160.00 under Item 2 (a) and replacing it with $170.00; and 2. That Appendix "A" to Maple Ridge -Drainage Facilities Control By-law No. 5680-1969 as amended be further amended by: Access Culverts i) Deleting $1250.00 under item i) -7.5 m access culvert -and replacing it with $1350.00. 2.11 Albion Guide Plan -Staff Presentation ACTION REQUIRED -that the subject item be deferred to the April 19, 1999 Committee of the Whole Meeting due to time constraints. 3. FINANCIAL AND CORPORATE SERVICES (including Fire and Police) 3.1 Inclusion of property located at 12953 Alouette Road into Sewer Area "A" -By-law No. 5779-1999 Reference was made to the staff report dated March 16, 1999 recommending that the subject by-law be granted three readings. Note: Due to time constraints the Committee did not act on the following recommendation and agreed to forward it directly to the April 13, 1999 Council Meeting: RECOMMENDATION Committee of the Whole Minutes March 29, 1999 . Page 14 That the report dated March 16, 1999 be received, noting that it is reported therein that the petition to include property located at 12953 Alouette Road into Sewer Area "A" is sufficient and valid; and further that Maple Ridge Sewer Area "A" Sewerage Works Construction and Loan Authorization Amending By-law No. 5779-1999 be read a first and second time and that rules of order be waived and that Maple Ridge Sewer Area "A" Sewerage Works Construction and Loan Authorization Amending By-law No. 5779-1999 be read a third time. 4. COMMUNITY DEVELOPMENT AND RECREATION SERVICES 4.1 Whonnock Neighbourhood Park -Whonnock Community Association Request for Inclusion in Budget Reference was made to the staff report dated March 16, 1999 in support of the following recommendation contained therein: Note: Due to time constraints the Committee did not act on the recommendation and agreed to forward it directly to the April 13, 1999 Council Meeting: RECOMMENDATION That a decision on whether or not to incorporate the Whonnock Neighbourhood Park adjacent to the new Whonnock Elementary School in the Municipality's long term capital program be deferred pending completion of a review of the overall park system in the Parks, Recreation and Cultural Plan to be undertaken later this year. 5. OTHER ISSUES 5.1 Quick Access Pre-Fire Plan The Manager of Community Fire Safety and the Director of Corporate Planning and Protective Services were in attendance to present this item. Due to time constraints, the Committee asked that the following action be taken: ACTION REQUIRED -that the subject matter be submitted directly to the April 13, 1999 Council Meeting. ) Committee of the Whole Minutes March 29, 1999 Page 15 6. ADJOURNMENT 3:50 p.m. /sk