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HomeMy WebLinkAbout1999-07-05 Adopted Committee of the Whole Minutes.pdfJuly 5, 1999 12:30 p.m. Council Chamber PRESENT: Elected Officials Councillor K. Stewart; Acting Mayor Councillor T. Baker Councillor J. Clements Councillor C. Gordon Councillor L. King Councillor B. Levens Excused Mayor C. Durksen Corporation of the District of Maple Ridge COMMITTEE OF THE WHOLE MEETING MINUTES Appointed Staff M. W. Murray, General Manager of Community Development Parks and Recreation Services J. R. McBride, Municipal Clerk F. Quinn, Municipal Engineer, Acting General Manager of Public Works and Development Services T. Fryer, Director of Current Planning S. Karasz~ Confidential Secretary Other Staff as Required C. Carter, Planner K. Grout, Manager of Environmental Affairs • The meeting was chaired by Acting Mayor K. Stewart 1. DELEGATIONS/STAFF PRESENTATIONS 1.1 ALR/27/99 -11416 -240 Street -Mr. Keith Koelling, applicant (Note: the above noted application was considered at the June 14, 1999 Committee of the Whole Meeting and the June 22, 1999 Council Meeting and deferred pending the completion of the Agricultural Land Reserve policies). Mr. Koelling was not in attendance and the Municipal Clerk advised that he will contact him to reschedule. 1.2 Subdivision Application SD/35/97 (12128 Laity Street Ms. Helen Ferris was in attendance in support of her letter of June 21, 1999 appealing directly to Council with respect to the refusal of staff to waive certain servicing requirements for the above noted subdivision; namely, widening to construct curb, gutter and concrete sidewalks along 121 Avenue and underground services and street trees on the Laity Street frontage. She clarified that she is asking for the requirements to be waived under the regulations related to Council's infill policy and not via a Development Variance Permit. Committee of the Whole Minutes July 5, 1999 Page 2 Ms. Ferris displayed an overhead map of the site and a copy of a report related to another subdivision regarding Council's policy with respect to infill development in established neighbourhoods. She feels that her subdivision meets the following requirements of the infill policy: ( e) existing infrastructure is capable of supporting the new development; and ( f) existing street standards should be considered in determining neighbourhood character. She indicated p.ow her subdivision fits into the well established neighbourhood. She noted that there is no potential for further subdivision east on 121 Avenue beyond the said property and that the construction of the said works on 121 Avenue would be completely out of character with the rest of 121 Avenue. Councillor Gordon questioned if there is an application before Council on this mater. The Director of Current Planning advised that there is a question in Ms. Ferris' mind whether an application is necessary for a Development Variance Permit (DVP) for the servicing standards. There is no DVP application before staff right now or before Council. Ms. Ferris believes there should not be one and she is citing a section of the Official Community Plan dealing with infill policy and Council's recognition of infill development in existing communities. He further clarified that the District has a servicing agreement with Ms. Ferris which she has entered into as part of the subdivision but she would rather not provide all the services required on 121 Avenue. The subclivision has been completed and signed off. He also confirmed that a DVP approved by Council is the only means staff has to waive the requirements for the said services. Staff does not have the authority to waive the requirements of the Subdivision and Servicing By-law; Council must do so under the authority of a DVP. • Acting Mayor Stewart noted that Ms. Ferris has two options, namely (1) comply with the terms of the servicing agreement, or (2) apply for a DVP. Councillor King asked if the applicant was aware of the requirements prior to making application for a subdivision. Ms. Ferris responded that she looked at a similar infill situation in her block where these requirements were not mandatory. She was not aware that these requirements were policy before she entered into an agreement with the District. Councillor Baker stated that it appears that Council only has partial information on this matter. He feels that Council needs a report from staff on the process that has taken place from beginning to end and recommendations for a solution. Councillor King agreed that a report is needed. She further noted that there may be a valid argument to forego the services from an environmental point of view, etc. however, there needs to be a mechanism and policy to do that legally. It cannot be something Council does for one person and not others; it is important to have a level playing field. \ ) Committee of the Whole Minutes July 5, 1999 Page 3 The Municipal Engineer advised that staff can bring back a report on the process that has taken place to date, the standards that are being requested and suggestions as to how this matter can be resolved. ACTION REQUIRED -that staff bring forward a report to the July 19, 1999 Committee of the Whole Meeting providing the requested information as noted above. 2. PUBLIC WORKS AND DEVELOPMENT SERVICES 2.1 Ridge Meadows Association for Community Living -Request to Use Municipal Streets for their Legendary Run and Carnival on July 11, 1999 Reference was made to the staff report dated June 17, 1999 recommending approval of the subject request. The Committee agreed to the following recommendation: RECOMMENDATION That the Ridge Meadows Association for Community Living be authorized to use Municipal streets for their Legendary Run and Carnival on Sunday, July 11, 1999 provided the conditions outlined in the staff report dated June 17, 1999 are met. 2.2 Soil Conservation Act Exemption -13511-224 Street Reference was made to the staff report dated June 14, 1999 recommending that the subject application be approved. Councillor King advised that she has a number of concerns regarding this item and Item 2.2. She noted that the report states that a study is needed with respect to the hydrological impacts of people filling in the low-lying areas adjacent to the North Alouette River. She wants assurance that if Items 2.1 and 2.2 are allowed to proceed, it will not result in undue damage to the river or surrounding properties. The Acting Mayor advised that he had a discussion with the General Manager of Public Works and Development Services last week and it is his understanding that Council is only exempting the applicants from the fee and t.hat approval for the fill comes under the jurisdiction of the Agricultural Land Commission (ALC). The Manager of Environmental Affairs advised that approval is first required from the ALC when dealing with ALR lands and the District is essentially the final approving authority. There has been a concern with respect to impending flooding throughout the District and people are responsible to protect their property. Staff is acting out of that concern. Staff does not feel that the District has the right to refuse these exemptions which have been issued by the ALC, however, they wanted Council to be aware that there is a need for a study with respect to the low-lying areas adjacent to the river. Staff felt it was important to raise that issue as these applications come forward. Committee of the Whole Minutes July 5, 1999 Page 4 Acting Mayor Stewart noted that these lands are in the floodplain and when anyone carries out floodproofing work in their land, they divert the water onto adjacent lands. This raises the question of liability. This is a complicated matter. Councillor Gordon stated that she does not support either of the applications as she is uncomfortable with the implications. Also, she doe not feel that the works being undertaken are necessarily related to floodproofing of the properties. The Manager of Environmental Affairs clarified that the ALC determines if the property is eligible for an exemption and under what category. Also, the involvement of two different legislative agencies is a conundrum. If the fill is placed before an exemption is applied for, the District cannot require that the fill be removed but has to determine how best to manage the situation. The District serves as an agent for the ALC's legislation. She added that if Council wishes to have more background, she can incorporate that into a report. Councillor King asked for clarification of the District's authority vis-a-vis the ALC. She reiterated her concern that there has been no comprehensive study done for dealing· with the hydrological impact; Council is dealing with more than just approving an exemption from the fee. She feels that this matter should be deferred. A further report from staff is needed. She further suggested asking the Union of British Columbia Municipalities (U.B.C.M.) to address the issue of overlapping jurisdictions. Councillor Levens noted that in the case of Item 2.2, the fill was placed prior to the property owner applying for an exemption. and suggested that staff ask the ALC for their rationale in approving the exemption. Council may need a legal opinion as to what they can and cannot do. She further noted that in the case of Item 2.3, the property owners want to put in clay which will worsen the drainage on adjacent properties. Councillor Clements expressed concern regarding the potential for liability to the District in the event there is a conflict between Provincial and Municipal jurisdictions. Acting Mayor Stewart stated that he believes that Council's only duty is to make a decision on the exemption of the fee; he does not feel that the District has any legislative authority with respect to fill on ALR lands and it is solely the jurisdiction of the ALC. He would like that point clarified. • ACTION REQUIRED -that Items 2.2 and 2.3 be deferred pending a report from staff on the issues and concerns that have been raised by the Committee as noted above. 2.3 Soil Conservation Act Exemption -13473 -224 Street Reference was made to the staff report dated June 14, 1999 recommending that the subject application be approved. See Item 2.2. Committee of the Whole Minutes July 5, 1999 Page 5 2.4 Development Cost Charge Payback-22320 Brown Avenue-By-law No. 5817-1999 Reference was made to the staff report dated May 25, 1999 and the Committee agreed to the following recommendation contained therein: RECOMMENDATION That having completed construction of roadworks on Garden Street, south of Brown Avenue, the developer be compensated in the amount of $5,131.57 from the Highway Account of the Development Cost charge Reserve Fund; and further that Maple Ridge Development Cost Charge Reserve Fund Expenditure By-law No. 5817-1999 be read a first and second time and that rules of order be waived and Maple Ridge Development Cost Charge Reserve Fund Expenditure By-law No. 5817-1999 be read a third time. 2.5 Acquisition of Parkland -11287 Creekside Street-By-law No. 5826-1999 Reference was made to the staff report dated June 21, 1999 recommending that By-law No. 5826-1999 be granted three readings and that By-law 5479-1996 dated October 21, 1996 quoting an old legal description be rescinded. Councillor Gordon noted that there is no map in the Agenda package. The Director of Current Planning identified the subject site and surrounding area on an overhead map. The Committee agreed to the following recommendation: RECOMMENDATION That Maple Ridge Park Land Reserve Fund Expenditure By-law No. 5826-1999 be read a first and second time and that rules of order be waived and Maple Ridge Park Land Reserve Fund Expenditure By-law No. 5826-1999 be read a third time; and further that the three readings granted to Maple Ridge Park Land Reserve Fund Expenditure By-law No. 5479-1996 on October 21, 1996 be rescinded. 2.6 Road Exchange -12078, 12092 Fraser Street and 22480 -121 Avenue -By-law No. 5819-1999 Reference was made to the staff report dated June 10, 1999 and the Committee agreed to the following recommendation contained therein: RECOMMENDATION That Maple Ridge 12078-12092 Fraser Street and 22480 -121 Avenue Road Exchange By-law No. 5819-1999 be read a first and second time and that rules of Committee of the Whole Minutes July 5, 1999 Page 6 order be waived and Maple Ridge 12078-12092 Fraser Street and 22480 -121 Avenue Road Exchange By-law No. 5819-1999 be read a third time; and that the Municipal Clerk be hereby instructed to prepare the necessary road exchange by-law and advertise same. 2.7 SD/30/99 -12520, 12500 -227 Street and the lot South -5% Parkland Dedication Policy Reference was made to the staff report dated June 14, 1999 and the Committee agreed to the following recommendation contained therein: RECOMMENDATION That pursuant to Council's policy regarding 5% parkland dedication or payment of money in lieu thereof, be it resolved that the owner of land the subject of SD/30/99 (12520, 12500 -227 Street and the lot south) shall dedicate land for parkland dedication as shown on the attached drawing. 2.8 DP/23/99-10862, 10884 and 10936-240 Street Reference was made to the staff report dated June 11, 1999 recommending that the subject permit application to allow works within a habitat protection area in support of a development proposal be executed. Councillor King asked for clarification as to whether the application will be subject to the new Development Permit Area XXX regulations which have not yet been approved. The Director of Current Planning clarified that the application is subject to the rules and regulations of the existing Development Permit XXX. Councillor Gordon stated that it is not clear from the map where the Conservation area is and she would like further clarification of that issue prior to the July 13, 1999 Council Meeting. The Committee agreed to the following recommendation: RECOMMENDATION That the Municipal Clerk be authorized to sign and seal DP/23/99 respecting property located at 10862, 10884 and 10936 -240 Street. 2.9 DP/31/98-21618 and 21620 Dewdney Trunk Road Reference was made to the staff report dated June 24, 1999 recommending that the subject permit application to allow the construction of a gasoline bar/convenience store be ex:ecuted. ....... -' Committee of the Whole Minutes July 5, 1999 Page 7 On question from Councillor King, the Director of Current Planning advised that in this case the recommendations from Advisory Design Panel will be incorporated into the building and landscape design plans. Councillor Gordon questioned what can be done to ensure that the landscaping is maintained once it is put in place. The Director of Current Planning advised that it is up to the property owner to maintain the landscaping. The applicant was in attendance and advised that the proponents have received awards in other Municipality for their landscaping and assured the Committee that it will be maintained. The Committee concurred with the following recommendation: RECOMMENDATION That the Municipal Clerk be authorized to sign and seal DP/31/98 respecting property located at 21618 and 21620 Dewdney Trunk Road. Note: The Committee dealt with Item 2.15 at this point in the meeting as follows: 2.15 Secondary Suites -Changes -Verbal Update from the Planner C. Carter, Planner was in attendance for this item. She explained that with Council's indulgence, staff would like to proceed with by-law amendments to enable property owners to accommodate relatives but not require them to register that type of accommodation as secondary suites. She noted that the District's current Temporary Residential Use (Compassionate) By-law provides for the care of an invalid who requires nursing care but does not apply to people providing accommodation for relatives who are not invalids but want to live with family members for safety or financial reasons. Another concern about the temporary residential use by-law is that the property owner must post a $200 bond yet the are not charging rent. Councillor King noted that this is work in progress and Council wanted to provide an update in a public forum as they have received many calls from home owners who have relatives residing with them. Several members of Council spoke in support of the proposed by-law amendments, noting that the new regulations would be helpful in keeping families together and assisting one another. Acting Mayor Stewart advised that a Public Hearing would be required on the changes to the by-law. The Committee concurred with the following recommendation: RECOMMENDATION Be it resolved: Committee of the Whole Minutes July 5, 1999 Page 8 1. That the existing "Temporary Residential" Use provision in the Zoning By-law be reviewed; 2. That a "Temporary Special Needs" Use By-law be created to allow for accommodation based on special need; and 3. That the draft by-law be referred to the District Solicitor for review. Note: The meeting temporarily adjourned at this point to enable several members of Council to attend a funeral and reconvened at 3:30 p.m. 2.10 DP/29/99 -20592 Lougheed Highway Reference was made to the staff report dated June 24, 1999 recommending that the subject permit application for external renovations to a Chevron Canada building in an existing Development Permit area be executed. Councillor Gordon asked for further details of the proposed landscaping and buffering provisions, noting that the site is adjacent to a townhouse area. She referred to a recent Public Hearing at which time there was considerable concern expressed regarding a similar situation and questioned if sufficient noise abatement measures have been taken in this case. The Director of Current Planning displayed an overhead map of the site and identified the proposed fence and landscaped areas. He clarified that a car wash is not part of the plan. Councillor Clements noted that it is an existing facility which has co-existed for quite some time with the adjacent residential area. The Committee agreed to the following recommendation: RECOMMENDATION That the Municipal Clerk be authorized to sign and seal DP/29/99 respecting property located at 20592 Lougheed Highway. 2.11 DP/40/99-12530-241 Street-12530-241 Street Reference was made to the staff report dated June 24, 1999 recommending that the subject permit to establish residential building setbacks on eight bare land strata lots be executed. RECOMMENDATION That the Municipal Clerk be authorized to sign and seal DP/40/99 respecting property located at 12530 -241 Street. Committee of the Whole Minutes July 5, 1999 Page 9 2.12 RZ/33/99-12689 -22 7B Street-RS-2 to R-1 Reference was made to the staff report dated June 14, 1999 recommending that the subject application to permit subdivision into one additional parcel be forwarded to Public Hearing subject to the conditions specified in the report. RECOMMENDATION That application RZ/33/99 (12689 -227B Street) to rezone property described in the staff report dated June 14, 1999 from RS-1 (One Family Urban Residential) to R-1 (Residential District) be forwarded to Public Hearing, noting that the conditions to be met prior to Public Hearing and prior to final consideration of the Zone Amending By-law are detailed in that report. 2.13 RZ/5/98-11485 and 11497-236 Street-RS-3 to RM-1 Reference was made to the staff report dated June 7, 1999 recommending that the subject application to development a townhouse project be denied based on the reasons detailed in the said report. RECOMMENDATION That Application RZ/5/98 (for property located at 11485 and 11497 -236 Street) be denied. 2.15 Development Permit Area XXX Note: This item was withdrawn from the Agenda. · 2.16 Road Exchange-Chigwell Street-By-law No. 5827-1999 Reference was made to the staff report dated June 22, 1999 recommending that Maple Ridge Chigwell Street -Hammond Properties Exchange By-law No. 5827-1999 be granted three readings. The General Manager of Community Development, Parks and Recreation Services explained that the by-law will permit required land assembly prior to the sale of several lots in the Hammond area. Councillor Baker expressed his objection to the illegible map attached to the by-law and asked that a better map be provided at the Council Meeting. The Municipal Clerk explained that the map is an extract of a very large map that ultimately will be registered at the Land Titles Office. The Committee agreed to the following recommendation: Committee of the Whole Minutes July 5, 1999 Page 10 RECOMMENDATION That Maple Ridge Chigwell Street -Hammond Properties Exchange By-law No. 5827-1999 be read a first and second time and that rules of order be waived and Maple Ridge Chigwell Street -Hammond Properties Exchange By-law No. 5827- 1999 be read a third time; and that the Municipal Clerk is hereby instructed to advertise same in accordance with Municipal Act requirements. 2.17 Latecomer Agreement -LC/68/99-125 Avenue and 202 Street-SD/14198 Reference was made to the staff report dated June 10, 1999 recommending that the subject agreement be executed. The Committee concurred with the following recommendation: RECOMMENDATION That with respect to the subdivision of lands involved in SD/14/98 at 125 Avenue and 202 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 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 iil the staff report dated June 10, 1999 and 3. That the Mayor and Clerk be authorized to sign and seal a "Latecomer Agreement" with the subdivider of the said lands. 2.18 Latecomer Agreement-LC/67/99-125 Avenue and 202A Street -SD/58/92 Reference was made to the staff report dated June 10, 1999 recommending that the subject agreement be executed. The Committee concurred with the following recommendation: RECOMMENDATION That with respect to the subdivision of lands involved in SD/158/92 at 125 Avenue and 202A 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 land being subdivided, and Committee of the Whole Minutes July 5, 1999 Page 11 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 June 14, 1999 and 3. That the Mayor and Clerk be authorized to sign and seal a "Latecomer Agreement" with the subdivider of the said lands. 2.19 1999 Capital _Projects -Maple Ridge Development Cost Charge Reserve Fund Expenditure By-law 5808-1999 Reference was made to the staff report dated June 9, 1999 and the Committee concurred with the following recommendation contained therein: RECOMMENDATION That Maple Ridge Development Cost Charge Reserve Fund Expenditure By-law No. 5808-1999 be read a first and second time and that rules of order be waived and Maple Ridge Development Cost Charge Reserve Fund Expenditure By-law No. 5808-1999 be read a third time. 3. FINANCIAL AND CORPORATE SERVICES (including Fire and Police) 3.1 Special Occasion Licence -Port Hammond Community Association -Hammond Days -August 6, 7 and 8, 1999 Reference was .made to the staff report dated June 23, 1999 recommending approval of the above noted request for a beer garden. The Committee agreed to the following recommendation:: RECOMMENDATION That the application from the Port Hammond Community Association by way of a letter dated June 22, 1999 for a Special Occasion Licence to hold a Beer Garden at the Hammond Community Centre as part of the Annual Port Hammond Days celebrations be approved as follows: August 8, 1999 Sunday 12:00 noon to 6:00 p.m. and further, that the use of the Hammond Community Centre (Municipal property) for this special occasion licence be authorized. 3.2 Maple Ridge Short Term Capital Loan Amending By-law No. 5820-1999 Reference was made to the staff report dated June 10, 1999 recommending that the subject by-law to authorize borrowing of $2 million for the acquisition of seniors residential housing units be granted three readings. Committee of the Whole Minutes July 5, 1999 Page 12 RECOMMENDATION That Maple Ridge Short Term Capital Loan Amending By-law No. 5820-1999 be read a first and second time and that rules of order be waived and Maple Ridge Short Term Capital Loan Amending By-law No. 5820-1999 be read a third time. 3.3 1998 Annual Budget Amending By-law Reference was. made to the staff report dated June 14, 1999 recommending that Maple Ridge Annual Budget (year end) Amending By-law No. 5829-1999 be granted three readings. The Committee agreed to the following recommendation: RECOMMENDATION That Maple Ridge Annual Budget (Year End) Amending By-law No. 5829-1999 be read a first and second time and that rules of order be waived and Maple Ridge Annual Budget (Year End) Amending By-law No. 5829-1999 be read a third time. Additional Agenda Item: 3.4 Clean up of Property at 12003 Edge Street Reference was made to the staff report dated July 5, 1999, which was circulated separately from the agenda, recommending that the District engage a contractor for the purpose of cleaning up the subject property,. The Committee concurred with the following recommendation: RECOMMENDATION That with respect to the property located at 12003 Edge Street and earlier unsuccessful attempts to effect clean-up, be it resolved that the Community and Business relations Office be authorized to engage a contractor or the District of Maple Ridge Public Works Department for the purpose of cleaning up the garbage and miscellaneous items, and further that the cost of the clean-up efforts shall be invoiced to the registered owner of the subject property, and in the event that the registered owner fails to pay the costs on or be fore December 31, 1999, said costs are to be added to and form part of the taxes payable on the property. 4. COMMUNITY DEVELOPMENT AND RECREATION SERVICES 4.1 Facility Rental Rates -Amending By-law No. 5822-1999 ) _) Committee of the Whole Minutes July 5, 1999 Page 13 Reference was made to the staff report dated June 14, 1999 recommending that the subject by-law to amend fee schedules be granted three readings. Councillor Gordon requested that brief explanation of the amendments be provided at the Council Meeting. RECOMMENDATION That the facility rental rates and implementation timing described in the staff report dated June 14., 1999 be adopted; and further that Maple Ridge Parks and Recreation Fees and Charges Amending By-law No 5822-1999 be read a first and second time and that rules of order be waived and Maple Ridge Parks and Recreation Fees and Charges Amending By-law No 5822- 1999 be read a third time. 4.2 Public Parks Liquor Consumption Amending By-law No. 5821-1999 Reference was made to the staff report dated June 14, 1999 recommending that the subject by-law be granted three readings. RECOMMENDATION 4.3 That Maple Ridge Public Parks Liquor Consumption Amending By-law No. 5821- 1999 be read a first and second time and that rules of order be waived and Maple Ridge Public Parks Liquor Consumption Amending By-law No. 5821-1999 be read a third time. Parks and Leisure Services Minutes of Open Meeting of May, 1999 Reference was made to the staff report dated June 11, 1999 and Minutes attached thereto and the Committee concurred with the following recommendation: RECOMMENDATION 4.4 That the Minutes of the open meeting of the Parks and Leisure Services Commission of May 19, 1999 be received for information. Note: Councillor King excused herself from the Council Chamber prior to Item 4.4 being placed on· the floor with the explanation that she is emplqyed by the School District. Cottonwood School and Park Site -Phase 1 -Funding Reference was made to the staff report dated June 29, 1999 and the Committee concurred with the following recommendation contained therein: Committee of the Whole Minutes July 5, 1999 Page 14 RECOMMENDATION That the funding for the first phase of development of North Cottonwood Park in the amount of $238,000 for the 2000 capital budget be approved and that the Municipality issue an irrevocable letter of credit in favour of School District No. 42 in that amount, noting that the School District will cover the cost in 1999 providing it is repaid by the Municipality in 2000. Note: Councillor King returned to the Council Chamber at this point in the meeting. 5. OTHERISSUES Nil 6. ADJOURNMENT 4:00 p.m. 7 Acti Presiding Member of the Committee /sk