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HomeMy WebLinkAbout1999-09-20 Adopted Committee of the Whole Minutes.pdfSeptember 20, 1999 12:30 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 J. Hertzog, Acting Municipal Clerk J. Rudolph, General Mariager of Public Works and Development M. W. Murray, General Manager of Community Development, Parks and Recreation Services D. Pollock, Director of Engineering -Projects S. Karasz, Confidential Secretary Other Staff as Required M. Rossi, Planner; C. Carter, Planner B. McDonald, Dir. Community Services and Business Relations The meeting was chaired by Acting Mayor Betty Levens. She advised that the following items have been added to the agenda: Item 2.12 -Albion Guide Plan Item 2.13 -Core Transition Parking Item 2.14 -Review of Building Permits for Leaky Condominiums 1. DELEGATIONS/STAFF PRESENTATIONS -(IO minutes each) I.I Gray Development Ltd. re RZ/35/99-238B Street and Dewdney Trunk Road-RS-3 to CS-1 (See also Item 2.1). Mr. Gordon Klassen, the proponent, was in attendance. He read and submitted a document in support of the above noted application which is summarized as follows: The proposed development is for two separate buildings (1) a convenience store/service station with a residence above and (2) a retail building. ■ The developer has incorporated into the lay-out features to mitigate the impact on the neighbourhood. ■ Rear lane (24.5 feet wide) dedication of 238B Street (north of the site) to "maximum buffer" residences from the site and provide access to the rear of the properties. Committee of the Whole Minutes September 20, 1999 Page 2 • The buildings have architectural forms and components that are residential in scale and appearance. • The materials to be incorporated into the buildings are residential type, e.g. masonry, horizontal siding and wall shingles. • Substantial landscaping to beautify the comer and provide adequate screening from bordering adjacent residents, including street trees. Mr. Klassen advised that the developer has agreed to an egress out onto Dewdney Trunk Road only. The Planning Department has agreed to review it once the gasoline station tenant has been identified. Mr. Klassen advised that a public information meeting on August 24th identified the following three concerns from those present: (a) Access to the site from 238B Street. Concern was raised that 238B Street would become a through road resulting in accidents. (b) Gasoline station on the site . There are too many gasoline stations in the area and there is no need for a further gasoline station. ( c) The drive-through restaurant open 24 hours. The proponents' response to the concerns was as follows: (a) (b) (c) The developer and architect would go back to Municipal staff to review access and try to get an in and out from Dewdney Trunk Road thus limiting access to the site from 238B Street. The developer is willing to look at installing speed bumps at the back lane and entry to the site from 238B Street and at a suitable location north of the site on 238B Street to slow down traffic. The developers would prefer access in and out from Dewdney Trunk Road. Gasoline station on the site. While it was recognized that there were gasoline stations in the area, there is only one other on the north side of Dewdney Trunk Road. The gasoline station has been situated on the site so as to have minimal impact on the neighbours to the north. Market conditions will dictate the requirement for a gasoline station. Drive through restaurant open 24 hours. The developer is willing to limit the hours of operation to something that is reasonable; also again the market conditions will dictate the requirement for a drive-through restaurant. Mr. Klassen advised that the concerns raised at the public information meeting have been discussed with the Planning Department. Planning staff stated that they would support an out only onto Dewdney Trunk Road as the Maple Ridge Engineering staff does not want the intersection of 238B Street and Dewdney Trunk Road being congested with cars turning into the gasoline station. Planning staff did agree to revisit access to the site from Dewdney Trunk Road when a gasoline station operator has been finalized. The developer would be willing to install a stacking lane adjacent to the site to alleviate engineering staffs concerns. Committee of the Whole Minutes September 20, 1999 Page 3 He added that he wants the Committee to be aware of the following • The proponents are keeping the neighbourhood informed and are communicating on a frequent basis through Mrs. Rory Caldwell of 23823 -120B Avenue who is the spokesperson for the neighbourhood. • The commercial development proposed for this site falls within the Official Community Plan (OCP) for the area and the OCP was in place prior to the lots being developed to the north of the site. (presumably the neighbourhood participated in the development of the OCP). • Feedback from the Advisory Design Panel was positive as per the meeting Minutes attached to his report. Mr. Klassen terminated his presentation at this point in the meeting. 2.1 RZ/35/99 -23853 Dewdney Trunk Road -By-laws No. 5843 and 5842-1999 -RS-3 to CS-1-(See also Item 1.1). Reference was made to the staff report dated September 8, 1999 recommending that the subject by-laws, to permit the construction of a gasoline station; convenience store with residence; and a commercial building with drive-through access; be granted first reading. Councillor Gordon advised that Council has asked for a report from staff in order to study the inter-relationship of commercial development with extended hours of operation and adjacent residential _neighbourhoods directly abutting the commercial site. She is unable to support this application until that work has been carried out. She wants to see a policy put in place that can be applied to all commercial applications that would abut residential neighbourhoods. Acting Mayor Levens asked when the staff report referred to by Councillor Gordon will be available. The General Manager of Public Works and Development Services responded that the report is subject to the priorities of the Planning Department's work program and will be completed this fall. Councillor Stewart clarified that the homes adjacent to the site were built after the OCP review in 1995-1996 and therefore those home owners would not have been involved in its development. He questioned if there is a concrete development proposal for this site or if it is simply an application for rezoning in order to sell the site. He is concerned that the property will be rezoned and sold and Council will not know what is going on the site. Mr. Klassen responded that it is the developer's desire to go through with this project. At this point there are no concrete proponents for the gasoline station or retail building. Their goal is to get the property rezoned, continue with the development process and market the site to a company that would be available for this sort of thing. Councillor King advised that she will be voting against this proposal for the reasons mentioned by Councillor Gordon. She noted that there is not an urgent need for another Committee of the Whole Minutes September 20, 1999 Page 4 gasoline station at this point in time. The juxtaposition of a gasoline station and a 24 hour establishment is a serious consideration and she feels that Council should have a policy in place before going ahead with this application. She added that she has the following two questions for tomorrow evening's Council Meeting: 1. What guarantees would Council have that this proposal would actually look like the rendering that is being displayed by the proponent at this meeting? 2. How many gasoline stations are already in place or under construction on that stretch ofDewdney Trunk Road? Councillor Baker questioned what else could go on the site if it is not a gasoline station. Mr. Klassen responded that the developer would have to come back to Council with another proposal. Councillor Baker stated that if the gasoline station does not go on the site due to the concerns of the neighbourhood, and Council does not know what is going there, it places him in a difficult position. He has concerns with the way the application is proceeding. There is no commitment to do what is being promised to the public; there are no assurances being given in that regard. He is concerned that this is just a rezoning to get the property into a different category and price range and that is not Council's goal. There needs to be some real answers at the time of Public Hearing and his decision will be based on the proposal that goes to Public Hearing. Councillor Gordon expressed agreement with Councillor Baker's comments. Councillor Clements stated that he would like to see the staff report regarding commercial uses with extended hours being located next to residential areas. He noted that that is a land use decision, however, it is important to have input from the public and he feels that the application should proceed to Public Hearing for that input. The Committee, with the exception of Councillors King and Gordon, agreed to the following recommendation: RECOMMENDATION That Maple Ridge Zone Amending By-law No. 5842-1999 and Maple Ridge Official Community Plan Amending By-law No. 5843-1999 be read a firsttime. (Councillors King and Gordon Opposed). 2.2 RZ/75/89 -22777 Selkirk Avenue -Request for One Year Extension (Valley Fair Mall Expansion) A staff report dated March 16, 1999 recommending that a one year extension not be granted to the above noted application was deferred to this meeting from the Council Meeting of July 27, 1999 following a decision of Council to grant a 60 day extension. ) Committee of the Whole Minutes September 20, 1999 Page 5 Councillor King advised that she supports the recommendation to deny the extension. The application is 10 years old and she would like to review it. She further noted that circumstances and standards have changed in the last 10 years. She would like to see the applicants bring forward a new application rather than extending the current one. Councillor Gordon expressed agreement with Councillor King's comments. The General Manager of Public Works and Development Services suggested that Council may wish to hear from the Mall owners and that he can schedule them to attend the next Committee of the Whole Meeting if Council wishes. The Chief Administrative Officer advised that this matter was discussed last Friday with the applicants. They are required to purchase Selkirk A venue for market value. They had wanted it at no cost. The District has indicated to them that they have to purchase that land. Further discussion is required with them with respect to the amount of payment. Councillor Stewart questioned if a two week extension would be sufficient. Councillor Baker spoke against denying the extension, noting that negotiations are still going on and should be allowed to continue. He suggested that an extension of 30 days instead of two weeks would be more realistic. Councillor King stated that Council does not have enough information on the impact of the proposal on Selkirk A venue. They need more information in order to evaluate if the application should be extended or ifthere should be a new application. The General Manager of Public Works and Development Services responded that those are relevant comments and if the Committee wishes to defer the application, staff can prepare a report addressing those issues and give an opinion on the need for a new application. Councillor Clements noted that this is an ongoing application and he does not feel that it should be terminated at this stage if a few weeks delay will bring it to fruition. The Committee agreed to a 30 day extension. It was noted that the next Committee of the Whole Meeting following the 30 day extension is November 1, 1999. RECOMMENDATION That with respect to Rezoning Application RZ/75/89 (property at 22777 Selkirk Avenue), that further consideration of the recommendation contained in the report dated March 16, 1999 be deferred to the Committee of the Whole Meeting scheduled for November 1, 1999. ACTION REQUIRED -that the General Manager of Public Works and Development Services prepare a status report on the concerns raised by the Committee this date related to RZ/75/89. 2.3 RZ/17199 -11291 -236 Street By-laws No. 5838 & 5839 -1999. Reference was made to the staff report dated August 20, 1999 and the Committee concurred with the following recommendation contained therein: Committee of the Whole Minutes September 20, 1999 Page 6 RECOMMENDATION That Maple Ridge Zone Amending By-law No. 5838-1999 and Maple Ridge Official Community Plan Amending By-law No. 5839-1999 be read a first time. 2.4 RZ/30/97-23500 Block Larch Avenue -Request for One Year Extension Reference was made to the staff report dated August 30, 1999 recommending that the subject application for 92 lots and one duplex lot be granted a one year extension. Councillor Stewart advised that the application requires a one year extension as it was held up by other agencies. He feels it is onerous for the applicants to now have to pay a fee to apply for an extension because of a delay that occurred due to circumstances beyond their control. The General Manager of Public Works and Development Services noted that the government agencies are not processing applications in a fast mode in areas of sensitivity. They have been working with Municipal staff on storm water management. It is a slow process but some progress is being made. The one year extension provides an opportunity for checks and balances and staff recommends that it be granted. • Twelve months is not an adequate time frame in some cases when other agencies are involved. A sub- committee has been set up to review the Development Procedures By-law and hopefully a solution can be found. The review should be completed shortly. Councillor Clements stated that the intent of that by-law was to deal with inactive applications and not to require applicants to re-apply if they have been held up by a third party. He wants to see a definition of "inactive". Obviously the by-law is flawed and it is incumbent upon Council to review it. 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/30/97 (property in the 23500 Block of Larch Avenue) to permit 92 lots and one duplex lot. 2.5 DP/28/99-12079-12092 Fraser Street and 22480-121 Avenue Reference was made to the staff report dated September 7, 1999 recommending that the subject application to permit a 48 unit four storey apartment building at the southeast comer of Fraser Street and 121 Avenue be executed. Councillor Gordon advised that approval of the Development Permit will allow the social housing project to proceed. RECOMMENDATION ) Committee of the Whole Minutes September 20, 1999 Page 7 That the Municipal Clerk be authorized to sign and seal DP/28/99 respecting property located at 12079 and 12092 Fraser Street and 22480-121 Avenue. 2.6 Temporary Residential Use -Policy Report Reference was made to the staff report dated August 18, 1999 recommending that readings be granted to the appropriate related by-laws regarding the above noted matter. The temporary residential use by-law will provide for the accommodation of a relative, regardless of physical condition, as opposed to a secondary suite use. C. Carter, Planner, provided an overview of the report and the by-laws which are appended to the report. She noted that, as detailed in the report, the proposed requirement for a $2000 bond to be posted to ensure that the unit is removed when no longer occupied has been deleted from the by-law as the Municipality has the option to require that a housing agreement be registered on the title to the property. The Planner further explained that there have since been several revisions to the by-laws and circulated a revised copy of By-law Nos. 5835-1999 and 5836-1999 for Council's consideration. She explained that in By-law No. 5835-1999 the definition of "relative" has been amended to include "one or more full time domestic servants". By-law No. 5 836 is proposed to be amended by adding a one time temporary residential use registration fee in the amount of $75.00. On question from Councillor Stewart, she explained that the lot size requirement for a second temporary dwelling is 0.4 hectares or one acre. Councillor King que~tioned if secondary suites are considered illegal in all homes built since 1994. The Planner advised that if someone has an in-law suite that was constructed since 1994, they can still have them; they just cannot have a secondary suite. Several Councillors commended C. Carter for her perseverance in coming up the secondary suite policy and the revisions related to a temporary residential use to make it work. The Planner advised that she will keep Council updated on this matter and advise if any further amendments are required. The Committee agreed to the by-law amendments and the following recommendation: RECOMMENDATION Be it resolved that: Maple Ridge Zone Amending By-law No. 5835-1999 be read a first time and that it proceed to Public Hearing; That Maple Ridge Building Amending By-law No. 5836-1999 be read a first and second time and that rules of order be waived and that Maple Ridge Building Amending By-law No. 5836-1999 be read a third time. Committee of the Whole Minutes. September 20, 1999 Page 8 That proposed Maple Ridge "Temporary Residential Use Policy" be adopted when final reading is given to the Amending By-laws relating to temporary residential use. 2. 7 SD/12/99 -Development Cost Charge Reduction -240 Street North of 115 Avenue Reference was made to the staff report dated September 3, 1999 in support of the following recommendation contained therein: The Committee agreed to the following recommendation: RECOMMENDATION That with respect to Subdivision 12/99, be it resolved that in view of the necessity for constructing road and drainage works on 240 Street north of 115 Avenue, the road component of the Development Cost Charges payable by the subdivider be reduced by $71,972.00 refleding the cost of the Development Cost Charge works. 2.8 Latecomer Agreement L.C. 65/99-SD/29/97-237 Street and 120B Avenue Reference was made to the staff report dated May 19, 1999 recommending that the subject agreement be executed. The Committee agreed to the following recommendation: RECOMMENDATION That with respect to the subdivision of lands involved in SD/29/97 at 237 Street and 120B Avenue, 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 May 19, 1999 and 3. That the Mayor and Clerk be authorized to sign and seal a "Latecomer Agreement" with the subdivider of the said lands. 2.9 Latecomer Agreement LC. 69/99 -SD/4/96 -114 Avenue and 234A Street Reference was made to the staff report dated July 14, 1999 recommending that the subject agreement be executed. The Committee agreed to the following recommendation Committee of the Whole Minutes September 20, 1999 Page 9 RECOMMENDATION That with respect to the subdivision of lands involved in SD/4/96 at 114A Avenue and 234A Street, be it resolved that: 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 July 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. 2.10 RZ/23/97 -Dedication and Construction of 116 Avenue The General Manager of Public Works and Development Services advised that this item has been withdrawn by the applicant. ) 2.11 Building Department Statistics for August, 1999 Reference was made to the staff report dated September 9, 1999 recommending that the above noted statistics appended thereto be received for information. RECOMMENDATION That the Inspection Services Department Building Statistics for the month of August, 1999 were received for information. Additional Agenda Items 2.12 Albion Guide Plan The Chief Administrative Officer explained that staff received advice from Council to look at the Albion Guide Plan to consider a possible extension of the growth area. The Albion Guide Plan came about as a result of a change dynamics in Albion. More environmental land has been dedicated and there was more sensitive land than was envisioned. There is less density occurring than originally considered appropriate. Services and development are moving east of 240 Street in concert with the Albion Guide Plan. Road improvements are underway, particularly on 240 Street. He referred to a report dated September 1, 1999 regarding the proposed expansion which has been submitted to Council for review and asking that Council provide further direction to staff. Committee of the Whole Minutes September 20, 1999 Page 10 He further noted that there is an active rezoning application that has been deferred on several occasions and the report attempts to address that as well. If it is Council's desire to not extend the Albion Guide Plan, it would be appropriate to instruct that applicant to do something about his case. The. applicant has been given an extension pending this review. He could re-submit the application. If Council wishes to allow the change in the guide plan, it would not change that case itself. There are significant environmental issues that have been discussed with the applicant, such as treatment of the hillside, and those issues would not change upon re-submission of the application. He added that the report is an attempt to look at the Albion Guide plan as a policy issue and the application has some ties to that issue. Councillor King stated that this topic is totally inappropriate for a walk-on to the Committee agenda as it is a huge issue which has implications to the entire Official Community Plan. She is not prepared for intelligent debate at this point. The Acting Mayor noted that the September 1st report is on the Council Staff meeting agenda. It was directed there inadvertently instead of to Committee of the Whole. Councillor Stewart asked for further clarification as to what Council should be directing staff to do. The Chief Administrative Officer explained that when this matter came before Committee of the Whole on April 19, 1999, Council asked staff to bring forward a report on the pros and cons of extending the Albion Guide Plan and that information is contained in the September 1st report. If Council wants to proceed further with the boundary extension review, staff will have to look at the specifics of how big the extension would be and at the specifics of servicing, etc. The Mayor suggested deferring this matter until further discussion has occurred with respect to the regional context plan. He has been advised by the Greater Vancouver Regional District (GVRD) that if Council wants to expand guide plans for urban areas, they have to do it within the context of the regional context plan which is subject to review by the GVRD. Councillor Baker stated that Council has to look at servicing issues to determine if there is sufficient capacity to handle an extension. He also questioned what the required time frame for processing applications would be once they started coming in. He cautioned against sending the wrong message to investors; it would not be appropriate to keep dragging on their applications. That needs to be evaluated. Counci111or Gordon agreed with the comments expressed by Councillor King and advised that she is not prepared to discuss this matter today. She noted that the area is not developing at the rate anticipated and she would like further clarification of why the area would be extended if that is the case. She added that the District is struggling to meet its current servicing commitments and questioned why consideration would be given to expanding the urban area. • Councillor King suggested it would be appropriate to deal with this issue during the Official Community Plan review which will take place in 2001 . ) Committee of the Whole Minutes September 20, 1999 Page 11 ACTION REQUIRED That the matter of the potential extension of the Albion Urban Area be deferred for three months and that staff bring back a report giving details of the servicing implications, etc. related to an extension. 2.13 Core Transition Plan -Parking Provisions 2.14 The Director of Community Services and Business Relations provided information on the proposed relocation of both customer and permit parking stalls which will be eliminated shortly in the current Municipal Hall parking lot during construction of the downtown core project. Construction activity will necessitate closure of the Municipal Hall parking lot. 68 customer stalls will be provided as follows -50 spaces in the north mall lot on Edge Street and 18 spaces in the Health Unit lot. The 64 permit stalls currently in the Municipal Hall lot and the 68 permit stalls currently in the Edge Street lot will be replaced as follows -40 stalls in the Downtown Parking Society on Brown Avenue and 100 stalls in a temporary lot to be developed by Voth Bros. on 226 Street and 119 A venue. The temporary lot will have adequate lighting. ACTION REQUIRED -that the above noted information be placed on the September 21, 1999 Council Agenda as an information item. Review of Building Permit Fee/or Leaky Condominiums Councillor Baker proposed that staff review the building permit fee for leaky condos. He stated that building permits are affected by leaky condos and if there is to be any relief for people with problems this is the only area where it can be done. Councillor King questioned what kind of background information is available on this item. The Chief Administrative Officer noted that there was a discussion about this several years ago and staff had some sense of the number of units that might be affected. Staff can revisit this issue and bring it back to Council. Staff will put together an information package for Council. ACTION REQUIRED-that staff provide a report on building permit fees for leaky condominiums. 3. FINANCIAL AND CORPORATE SERVICES (including Fire and Police) 3.1 1999 Maple Ridge Town Centre Redevelopment Start-up Costs & Payment for the Curling Rink-By-law No. 5837-1999 Reference was made to the staff report dated August 31, 1999 recommending that the subject by-law be granted three readings. The Committee agreed to the following recommendation: Committee of the Whole Minutes September 20, 1999 Page 12 RECOMMENDATION That funding for Municipal start-up costs of the Maple Ridge Town Centre Redevelopment Project of $4,000,000 and payment of $3,000,000 for the curling rink be provided from general revenue and the Capital Works Reserve Fund; and further, that Maple Ridge Capital Works Reserve Furid Expenditure By-law No. 5837-1999 be read a first and second time and that rules of order be waived and that Maple Ridge Capital Works Reserve Fund Expenditure By-law No. 5837-1999 be read a third time. Councillor Gordon asked that the following action be taken: ACTION REQUIRED -that the General Manager of Community Development, Parks and Recreation Services provide a detailed presentation on the by-law at the September 21, 1999 Council Meeting. Councillor Gordon noted that the following issues were recently raised in the local newspaper (1) there will be no hotel built and (2) the office tower will be competing for space with existing office buildings who have vacancies. The Chief Administrative Officer explained that the office tower space will not be configured in a manner that is conducive to small offices but will be 15,000 square feet in size per floor. The project has a marketing plan that looks at a variety of businesses involved in information technology. If the hotel is not built, the developers will have to pay a penalty of $150,000 per year over the life of the agreement. He added that -there are two groups coming into the community next week to discuss the hotel; they were waiting until the development agreement was in place. 4. COMMUNITY DEVELOPMENT AND RECREATION SERVICES 4.1 Parks and Leisure Services Commission Meeting Minutes for July, 1999 Reference was made to the staff report dated September 10, 1999 recommending that the subject Minutes appended thereto be received for information. RECOMMENDATION . That the Minutes of the July, 1999 open meeting of the Parks and Leisure Services Commission be received for information. 5. OTHER ISSUES 5.1 Downtown Maple Ridge Parking Management Strategy-Terms of Reference The General Manager of Public Works and Development Services circulated and reviewed the above noted document. ) Committee of the Whole Minutes September 20, 1999 Page 13 The Mayor noted that the strategy calls for a Committee to be formed consisting of the District of Maple Ridge, the Downtown Parking Society and the Chamber of Commerce. He and several Councillors asked that the Committee be struck as soon as possible. ACTION TAKEN-the report was received for information. 6. ADJOURNMENT 2:20 p.m. Acting Mayor B~Levens Presiding Member of the Committee /sk