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HomeMy WebLinkAbout1999-07-19 Adopted Committee of the Whole Minutes.pdfJuly 19, 1999 12:30 p.m. Council Chamber PRESENT- Elected Officials . Councillor K. Stewart, Acting Mayor; Chair Councillor T. Baker Councillor J. Clements Councillor C. Gordon Councillor L. King Councillor B. Levens Excused Mayor C. Durksen Councillor L. King Corporation of the District of Maple Ridge COMMITTEE OF THE WHOLE MEETING MINUTES Appointed Staff R. W. Robertson, Chief Administrative Officer J. R. McBride, Municipal Clerk M. W. Murray, General Manager of Community Development, Parks and Recreation Services F. Quinn, Municipal Engineer M. Rossi, Planner S. Karasz, Confidential Secretary Other Staff as Required B. McDonald, Director of Community Services and Business Relations K. Grout, Manager of Environmental Affairs . l. DELEGATIONS/STAFF PRESENTATIONS -(10 minutes each) 1.1 By-law Enforcement Staff-Update on Activities The Director of Community Services and Business Relations was in attendance. He circulated and provided an update/statistics on secondary suites; business licences (1999 second quarter); parking enforcement-June, 1999; and 1999 by-law complaints. He explained that a total of 485 letters were sent out to property owners with secondary suites. 300 were sent to owners who indicated that they were occupying a home and had other than a non-relative living with them. The letters were sent out on a staggered basis. The letter explained the new by-law and asked people to contact the District. They have two options (1) decommission the suite and (2) register the suite. There have only been 50 responses to date. The advertisement in the newspaper regarding secondary suites indicated that they had until September to register at basically half the fee and it seems that people feel that they have until September to commence the registration process. Staff therefore expects a fairly heavy mid-September registration activity. The Director referred to the 178 exemptions from the additional sewer and water fee that were granted previously because the homeowner indicated they had a relative living in the home with them. At that time, the by-law did not distinguish between family and non-family members. Of the 178 exemptions, 28 have chosen to decommission their suites by removing the second set of cooking facilities. Council is now looking at a Committee of the Whole Minutes July 19, 1999 Page 2 temporary residential use arid depending on what their decision is, staff will get back to those people to let them know what they have to do. He added that 75 property owners who have non-owner occupied suites are being sent letters this week. Those people are not eligible to register the suites because they are non-owner occupied. They are being given 90 days to decommission the suites to allow the tenants an opportunity to make other arrangements. The Residential Tenancy Act requires 30 days notice. A Councillor noted that people might be away during the summer months and not receive their notice right away. She noted that there are potentially 150 families that could be affected and Council does not want to see people out on the street. The Director of Community Services and Business Relations went over the business licence statistics, noting that payment has been received as follows -store front businesses -99%; home based businesses -88%; non-resident -69%. He noted that non-resident cases are difficult to pursue as they move around, go out of business, etc. There have been 437 new licences issued which is up from last year. He reviewed the parking enforcement statistics, noting that the rate of collection is between 60-65%. He referred to the by-law enforcement statistics, noting that noise complaints remain the number one complaint. He explained how abandoned vehicle complaints are handled. He further noted that the District now has a staff member from the Fire Department coming on board to handle after-hours complaints. The Director ended his presentation at this point. ALR/27/99 -11416 -240 Street-Mr. Keith Koelling, Applicant 1.2 The subject application was considered at the June 14, 1999 Committee of the Whole Meeting and the June 22, 1999 Council Meeting at which time Council made a decision to defer the application pending completion of Council's review of the Agricultural Land Reserve policies. Mr. Keith Koelling was in attendance and provided Council with and reviewed a written submission which is summarized as follows: Mr. Koelling asked Council to refer to the maps contained in his report. He indicated the location of the property in question, noting that it is 1.968 hectares (4.89 acres) in size and 61 % of the site is comprised of significantly sloped land, a deep ravine and four converging streams and is unsuitable for soil based crop production. The remaining 39% of the site is 1.91 acres of gently sloped ground and occupied by the house, yard, garage, driveway and septic field. The actual unencumbered land area is 1.46 acres. Mr. Koelling advised that he would like to replace the existing house on the property with more modem living accommodations. He is reluctant to build a new home on ALR encumbered land as it will not appreciate at the same rate as an investment not affected by an ALR designation. • Committee of the Whole Minutes July 19, 1999 Page 3 2. 2.1 He further noted that he is surrounded by lands that are being or have been developed as a residential use and intensive agricultural uses other than soil based crops would create a conflict with those residential areas. He referred to Section 21 (1) of the Agricultural Land Commission Act, noting that it implies that agricultural use restrictions do not apply to land which is less than 2 acres in area and feels that his property should therefore be excluded from the ALR. He further noted that the shallow topsoil depth and underlying clay material is another detrimental limitation to using the subject parcel for commercial crop production. The Acting Mayor asked Mr. Koelling if he is still able to build a home on the land if it remains in the ALR. Mr. Koelling responded that nothing prevents him from doing so but he is concerned about his future investment value. The Acting Mayor explained that recent ALR applications have been deferred by Council as they want to meet with the Agricultural Land Commission (ALC) and revisit some of the policies governing the areas affected by those applications. It has not been easy to schedule a meeting with the ALC. Council is seeking further direction from the Director of Long Range Planning today and he will ask the Director of Long Range Planning to update Mr. Koelling on the direction Council has decided to take respect to the outstanding applications. Mr. Koelling stated that his application is being held up because of the political process. He would ask Council to read it carefully and consider it on its own merits. Mr. Koelling ended his presentation at this point in the meeting. PUBLIC WORKS AND DEVELOPMENT SERVICES RZ/75/89 -22777 Selkirk Avenue -Request for One Year Extension (Valley Fair Mall Expansion This item was deferred from the April 27, 1999 Council Meeting to the Committee of the Whole Meeting of this date. Reference was made to the staff report dated March 16, 1999 recommending that the request for a one year extension of the application not be granted. The Planner explained that a letter was received from the developer last week stating that a tentative agreement has been reached with the Overwaitea Food Group, owners of the Save-on store, subject to the approval of their Board of Directors which they hope to obtain within the next 30 days. They propose an expansion of the store which includes demolishing the Earl Haig property and the closure of Selkirk A venue to accommodate that expansion. Councillor Gordon questioned what Council's options are now with respect to the application. The Planner noted that nothing has changed substantially since the application last appeared before Council. Committee of the Whole Minutes July 19, 1999 Page4 The Chief Administrative Officer noted that the applicant has made significant progress with respect to some of the issues related to the major tenant which were holding up the application. They have made progress in that regard but the actual rezoning application has not progressed over the past few years. They are in a position now where it is important to continue as they have been negotiating in good faith with the tenant. He suggested that Council grant them another 30 day extension. Councillors Levens, Baker and Clements spoke in support of granting a further extension. The Acting Mayor questioned if 30 days would be long enough. The Planner noted that it might be too short. The Committee agreed to the following recommendation: AMENDED RECOMMENDATION That with respect to Rezoning Application R.z/75/89 (property at 22777 Selkirk Avenue) that further consideration of the recommendation contained in the staff report dated March 16, 1999 be deferred to the Committee of the Whole Meeting scheduled for September 20, 1999. 2.2 Development Permit Area XXX -Text Amendment -By-law No. 5815-1999 The Manager of Environmental Affairs reviewed in detail her report dated July 5, 1999 responding to the concerns raised at the June 15, 199 Public Hearing with respect to the subject by-law. She explained that in light of those concerns, staff recommends the following amendments to the by-law and the Performance Security for Environmental Protection Policy that was adopted by Council on May 25, 1999. (The amendments are detailed in the report). Proposed Amendments to DPA XXX • Section E(4) of the Guidelines be amended to require barrier fence installation prior to any construction activity. (changed from prior to land clearing). • Section F be amended to require that security be taken upon issuance of a Development Permit in all cases for those lots adjacent to a water course protection area. The word "may" is to be replaced with the word "shall". • Section G(2) be included to allow for a Development Permit exemption in those instances where a building permit issued for a lot that is of sufficient size to allow for the siting of setback of a building or structure two times the required yard setback in single family residential zones. Proposed Amendments for Environmental Protection Policy The Manager of Environmental Affairs explained that a new section has been included in the policy to clarify that there are two stages to the security provisions to provide continuity between the developer's responsibility and the builder's responsibility which will ensure that there is no gap in the security provisions. If it is felt that further ) _) Committee of the Whole Minutes July 19, 1999 Page 5 amendments are required, staff will report back to Council with any changes that they feel are necessary. Councillors Baker, Gordon, Clements and Levens expressed their support for the proposed amendments, noting that considerable time and care has gone into the by-law and the environmental protection policy to address environmental issues, including extensive consultation with the residents and the development community. The Committee agreed to the following recommendation contained in the report: RECOMMENDATION 2.3 That Maple Ridge Official Community Plan Amending By-law No. 5815-1999 be amended as recommended in the report dated July 15, 1999 from the Manager of Environmental Affairs; and That Maple Ridge Official Community Plan Amending By-law No. 5815-1999 as amended be read a second and third time; and further That the Performance Security for Environmental Protection Policy be amended as recommended in the report dated June 27, 1999 from the Manager of Environmental Affairs. RZ/28/99 -12078, 12092 Fraser Street and 22480-121 Avenue -By-laws 5823 and 5824-1999 Reference was made to the staff report dated June 25, 1999 recommending that the subject by-laws to permit the construction of a 48 unit four storey apartment building be read a first time. Councillor Levens advised that she is personally involved in a leaky condominium situation. She questioned if the District of Maple Ridge is doing anything, or if there is anything they can do, to try and prevent any more leaky condos being built in Maple Ridge. She noted that the following features can be a problem -flat roof, no overhang and a stucco finish. She questioned if there is a checklist for a design before the District agrees to it. - The Chief Administrative Officer noted that the building inspection group has made a number of suggestions for changes to the National Building Code which is undergoing a fairly extensive national review. In the interim, there are changes that are going forward throughout the lower mainland. There are a variety of things being done to hopefully ensure an end to the leaky condo situation. The Municipal Engineer added that the federal government is coming up with new standards to the National Building Code and the Municipalities are reviewing them. Councillor Levens stated that if any designs appear suspicious she wants the District to look at them further before giving approval. Councillor Gordon noted that this application is for a proposed affordable housing project and questioned if there has been any word on the applicants receiving funding approval Committee of the Whole Minutes July 19, 1999 Page 6 for same. The Planner advised that he was told by the architect last week that their application has been approved. Councillor Gordon questioned if there will be a play area provided as there is a lack of park facilities in the area. The Planner advised that there will be a play area in the central courtyard area of the project. The Committee agree to the following recommendation: RECOMMENDATION 2.4 That Maple Ridge Zone Amending By-law No. 5823-1999 and Maple Ridge Official Community Plan Amending By-law No. 5824-1999 be read a first time. RZ/39/99; ALR/39/99 -Northwest Corner of Lougheed Highway and 105 Avenue - RS-3 to CD-4-88-By-law No. 5831-1999 Reference was made to the staff report dated July 6, 199 recommending that the subject application, to permit the placement of a sign,-visible to the Lougheed Highway, identifying facilities and events · at the Municipal Fairgrounds and Planet Ice, be forwarded to Public Hearing and that By-law No. 5831-1999 be read a first time. The Committee agreed to the following recommendation: RECOMMENDATION That application RZ/39/99 (for property located at the northeast corner of Lougheed Highway and 105 Avenue) to rezone property described in the staff report dated July 6, 1999 from RS-3 (One Family Rural Residential) to CD-4-88 (Comprehensive Development) 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 and that the accompanying Official Community Plan Amending By-law be forwarded to the same Public Hearing 2.5 DVP/16/99:-23896 and 23920-118 Avenue Reference was made to the staff report dated June 28, 1999 in support of the recommendation contained therein with respect to the subject application to waive the requirement to place existing utilities underground and reduce the minimum front yard setback from 5.5 to 3 metres. The Committee agreed to the following recommendation: RECOMMENDATION That the Municipal Clerk be authorized to notify qualifying property owners that approval of DVP/16/99 respecting the property located at 23896 and 23920 -118 Avenue will be considered at the August 10, 1999 Council Meeting. _) Committee of the Whole Minutes July 19, 1999 Page 7 2.6 Advisory Design Panel Amending By-law No. 5825-1999 Reference was made to the staff report dated July 8, 1999 recommending that the subject by-law be granted three readings to effect the proposed amendments (1) to set a maximum two year term (with staggering of position) and (2) to make provision for an additional term for a member when there is no interested party available to fill the position. The Committee agreed to the following recommendation: RECOMMENDATION 2.7 That Maple Ridge Advisory Design Panel By-law No. 5825-1999 be read a first and second ·time and that rules of order be waived and Maple Ridge Advisory Design Panel By-law No. 5825-1999 be read a third time. Silver Valley Workshop -Saturday, June 26, 1999 · Reference was made to the staff report dated July 8, 1999 and appended Meeting Notes which was submitted for information purposes. Councillor Gordon asked if any further action will be taken now that the workshop has concluded. • The Chief Administrative Officer referred to the proposed amendments to By-law No. 5815-1999 (Development Permit Area XXX) which were explained by the Manager of Environment Affairs under Item 2.2. Those changes reflect input from the workshop. The storm Water management work that is underway for Silver Valley will also reflect input received at the workshop. In addition, the GVRD is looking at stormwater flows and there will be recommendations forthcoming from that work which Council may wish to look at. The Committee agreed to the following recommendation: RECOMMENDATION That the Meeting Notes from the Silver Valley Workshop held on June 26, 1999 be received for information~ 2.8 RZ/27/96-23689 and 23717 Fern Crescent (Verbal report from Planning regarding the above noted application to rezone from RS-2 to RM-1 to permit 33 townhouse units -deferred at the July 13, 1999 Council Meeting). The Planner advised that when this application was dealt with at Public Hearing, Council had a number of questions regarding the densities proposed for the subject site and in particular the proposal to amend the Official Community Plan (OCP) from Single Family Committee of the Whole Minutes July 19, 1999 Page 8 Residential at 8 units per net hectare to Compact Housing at 30 units per net hectare. The report accompanying the application identified significant physical features on the site that encumbered the property and it was recommended that it would be more appropriate to cluster the housing to make better use of the development options of the site. He displayed a map identifying the physical features of the site, including a creek system and an escarpment which bisect the property. As the map indicates, it would be very difficult to develop the site as a conventional subdivision, particularly with the large lot designation proposed for the area. He displayed and reviewed a site development plan which recogni?:es that difficulty. Staff also took into consideration the proximity of the property to the neighbourhood commercial centre and believe that the higher density is achievable. Councillor Baker stated that it is his understanding that the OCP established a certain density . which he believes was 8 units per net hectare in both the upper and lower portions. When the road was moved, it was changed to 30 units per net hectare which resulted in a lot of flack from people at the Public Hearing. He questioned why the density was changed to 30 units per net hectare instead of 18 which would have been more in line with the density of the adjacent properties. The Planner clarified that the District did not initiate the proposed change in density. This applicant proposed to amend the OCP in that manner and staff reviewed the application and concluded that it could be supported to Public Hearing. He further clarified that questions raised at the Public Hearing regarding drainage did not apply directly to this site but to another dev~lopment upstream. The Municipal Clerk clarified that the application is on the July 27, 1999 Council Agenda for second and third reading, noting that it was deferred pending receipt of further information from staff at today's meeting. The Acing Mayor stated that Council was looking for justification for a higher density and he is not sure Council received that today. It was a verbal report and he trusts that information will be put into a some kind of written form prior to the July 27th Council Meeting. ACTION REQUIRED -that the Planning Department provide a written report addressing the justification for the density change in the matter of the subject application prior to the July 27, 1999 Council Meeting. 2.9 RZ/32193, SD/35/97-12128 Laity Street Reference was made to the staff report dated July 7, 1999 in response to a presentation by Ms. H. Ferris at the July 5, 1999 Committee of the Whole meeting regarding servicing requirements. The report was submitted for information purposes. Councillor Baker indicated that he agrees that the Approving Officer has no authority to reduce the existing road standards in the area, however, he feels that this matter should come back to Council for a decision on whether or not this Council is prepared to look at the existing area and review what the standards should be on the roads in that area. Committee of the Whole Minutes July 19, 1999 Page 9 The Municipal Engineer explained that the proponent is looking for a reduction in the street servicing standards under Policy 25 of the Official Community Plan related to In- fill Housing, however, Policy 25 does not override the by-law requirements. If the proponent wants a reduction, it has to be through a Development Variance Permit (DVP) application. If she makes an application, staff will bring it forward to Council with a report; it is through that process that Council can make a decision. Councillor Baker noted that it will cost money to make a DVP application. The Acting Mayor noted that under the existing regulations, the proponent has two choices (1) comply with the conditions laid out by the Approving Officer or (2) apply for a DVP to reduce the servicing standards. Those two options are detailed in the staff report. Councillor Levens stated that just to receive the report for information does not get the proponent any further than she is right now. She questioned if this property is being treated the same as others on 121 Street. The Municipal Engineer provided information on the servicing level of the surrounding properties and advised that the servicing requirements for this property are not peculiar to others in the area. He offered to meet with Ms. Ferris to discuss the mechanism through which she needs to work as well as the engineering considerations with regard to the District's desire to have a sidewalk and curb and gutter on the streets in question. On question from the Acting Mayor, the Municipal Clerk clarified that the staff report was submitted to Committee for information purposes only and will not go beyond the Committee level as there is no application, recommendation, etc. for Council to make a decision on at the Council Meeting. ACTION TAKEN-the report was received for information. 2.10 DVP/41/99-12199-201BStreet Reference was made to the staff report dated July 13, 1999 recommending that the subject application be considered at the August 10, 1999 Council Staff meeting following appropriate notification to adjacent property owners. The Committee agreed to the following recommendation: RECOMMENDATION That the Municipal Clerk be authorized to notify qualifying property owners that approval of DVP/41/999 respecting the property located at 12199 -201B Street will be considered at the August 10, 1999 Council Meeting. 3. FINANCIAL AND CORPORATE SERVICES (including Fire and Police) Committee of the Whole Minutes July 19, 1999 Page 10 3 .1 British Columbia Paraplegic Association -Request for Door-to-Door Soliciting Reference was made to the staff report dated July 13, 1999 and the Committee agreed to the following recommendation contained therein: RECOMMENDATION That the request from the British Columbia Paraplegic Association for permission to canvass door to door for a product sale fund-raising drive for a three month period commencing July 15, 1999 be approved. 3.2 22357 St. Anne Avenue-Clean-up of Premises Reference was made to the staff report dated July 14, 1999 recommending that the District proceed with clean-up of the above noted premises and that the costs be added to the taxes payable on the property. The Director of Community Services and Business Relations displayed photographs of the site in question. The Committee agreed to the following recommendation: RECOMMENDATION That with respect to the property located at 22357 St. Anne Avenue and earlier unsuccessful attempts to effect clean up, be it resolved that the Community and Business Relations Office be authorized to engage a contractors or the District of Maple Ridge Public Works Department for the purpose of cleaning up the garbage and miscellaneous items, and further that the costs 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 before December 31, 1999, the 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 Trans Canada Trail Relay Proclamation Reference was made to the staff report date July 7, 1999 recommending approval of the above noted proclamation. The Committee agreed to the following recommendation: RECOMMENDATION That Council make the following proclamation at the next regular Council Meeting: Committee of the Whole Minutes July 19, 1999 Page 11 4.2 WHEREAS the Trans Canada Trail is more than a simple pathway on the ground -- it represents the "spirit of our nation" and a realization of a legacy project -a gift to all Canadians and to the world, built by Canadians; and WHEREAS individual Canadians, corporations, volunteers, schools, service clubs, recreation associations and government have united their efforts and worked diligently for over seven years to create a new symbol of Canada; and WHEREAS the Trans Canada Trail will connect Canada from the Arctic to the Pacific to the Atlantic oceans -16,110 kilometers of pathway for walkers, hikers, cyclists, horseback rides, snowmobilers and cross-country skiers -and the Trans Canada Trail will be the longest recreation trail in the world, linking every province and territory; and WHEREAS the Trans Canada Trail -Relay 2000 is a Millennium Project that will excite Canadians about the Trail and draw world-wide attention and Trans Canada Trail -Relay 2000 is based on a relay of participants who will carry ocean water from the three oceans of Canada along the Trail through hundreds of towns and communities along its route; and • WHEREAS the Relay will culminate in the National Capital Region on September 9, 2000; THEREFORE I, Mayor Durksen on behalf of the Maple Ridge Municipal Council, proclaim our participation in the Trans Canada Trail -Relay 2000, and declare it an official Millennium Project. . Parks and Leisure Services Commission Meeting Minutes-June, 1999 Reference was made to the staff report dated July 12, 1999 and the Committee agreed to the following recommendation contained therein: RECOMMENDATION That the Minutes of the June, 1999 open meeting of the Parks and Leisure Services Commission be received for information. 5. OTHER ISSUES Nil 6. ADJOURNMENT 2:15 p.m. A~/ Presiding Member of the Committee /sk