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HomeMy WebLinkAbout1999-10-04 Adopted Committee of the Whole Minutes.pdf) I October 4, 1999 12:30 p.m. Council Chamber PRESENT: Elected Officials Mayor C. Durksen Councillor T. Baker Councillor J. Clements Councillor L. King Councillor B. Levens Councillor K. Stewart Excused Councillor C. Gordon Corporation of the District of Maple Ridge COMMITTEE OF THE WHOLE MEETING MINUTES Appointed Staff J. Rudolph, Acting Chief Administrative Officer/ General Manager of Public Works and Development Services J. Hertzog, Acting Municipal Clerk M. W. Murray, General Manager of Community Development, Parks and Recreation Services F. Quinn, Municipal Engineer D. Pollack, Director of Engineering -Projects T. Fryer, Director of Current Planning S. Karasz, Confidential Secretary Other Staff as Required B. McDonald, Dir. Community Services and Business Relations C. Carter, Planner The meeting was chaired by Acting Mayor T. Baker 1. DELEGATIONS/STAFF PRESENTATIONS 12:30 p.m. 1.1 By-law Enforcement -Update on Activities The Director of Community Services and Business Relations circulated and reviewed the following data -Parking Enforcement Summary for August, 1999; 1999 By-law Statistics; Third Quarter Business Licence Statistics; Secondary Suite Update as of September 30, 1999; and a report on the duties of the after-hours By-law Enforcement Officer. 12:40 p.m. 1.2 Greater Vancouver Regional District (GVRD)-Presentation of the Liquid Waste Management Plan (LWMP) Stage 2 The following representatives of the GVRD were in attendance to present the above noted plan -Mr. Ken Cameron, Manager, Policy and Planning Department, and Mr. Fred Neninger. They advised that the GVRD is presenting the Stage 2 Draft L WMP to all its member Municipalities to request endorsement of the plan and the GVRD will finalize Committee of the Whole Minutes October 4, 1999 Page 2 the document based on the input received from the Municipalities and seek GVRD Board approval for submission to the Province in December of 1999. Reference was also made to the staff report dated September 28, 199 providing a synopsis of the benefits of the LWMP and its cost impact on Maple Ridge. Mr. Neninger displayed overheads and explained how the plan will address all forms of liquid waste generated within the GVRD in a manner that enhances environmental quality. The Plan is in response to the new Municipal Sewage Regulation which came into effect under the Provincial Waste Management Act on July 15, 1999. The Liquid Waste Management Plan approach examines the conditions in a Municipality and develops the best option to ensure protection of the waterways, etc. and takes precedence over the Regulation; more stringent or less stringent requirements than identified in the Regulation may be required. The Province can enforce compliance with an approved L WMP and that is the preferred approach the GVRD is following. Councillor King noted that the Plan requires Municipalities to adopt an up-to-date Storm Water By-law and questioned where Maple Ridge stands in comparison to other GVRD Municipalities with respect to storm water management as it relates to the L WMP. Mr. Neninger responded that Maple Ridge is fairly comprehensive in its storm water planning and looks at it from a watershed management perspective. He also noted that Maple Ridge does not have any combined sewage/water systems; some of those systems can be found in other Municipalities and need to be addressed. Councillor Clements referred to the proposal to change the PH balance of the water system to make it less acidic so that it will not leach copper out of household water pipes. He noted that there i~ a cost factor associated with that initiative and questioned if it is necessary as the report states that copper does not have an adverse biological effect. He questioned if that has been proven one way or the other. Mr. Neninger responded that the levels are above those considered safe by the Ministry of Environment in terms of the recommended threshold levels and that the adverse effects are proven in general science. Note: See also Item 2.1. 2. PUBLIC WORKS AND DEVELOPMENT SERVICES 2.1 Liquid Waste Management Plan Reference was made to the staff report dated September 2, 1999 recommending that Council endorse the draft Liquid Waste Management Plan Stage 2 Policies and Commitments dated August 30, 1999 and that the Greater Vancouver Regional District be so advised. The Committee concurred with the recommendation. RECOMMENDATION That the staff report entitled Liquid Waste Management Plan dated September 28, 1999 be received, and further ) Committee of the Whole Minutes October 4, 1999 Page 3 2.2 that the document entitled Liquid Waste Management Plan Stage 2 Policies and Commitments dated August 30, 1999 be endorsed and that the Greater Vancouver Regional District be so advised. SD/14/99-Development Cost Charge Reduction (210 Street and Barker Avenue) Reference was made to the staff report dated September 9, 1999. The Committee concurred with the following recommendation contained therein: RECOMMENDATION That with respect to Subdivision 14/99, be it resolved that in view of the necessity for constructing sidewalk and street light works on 210 Street south of Barker Avenue, the road component of the Development Cost Charges payable by the subdivider be reduced by $5462.00, reflecting the cost of the Development Cost Charge works. 2.3 Secondary Suites By-law -Six 1lf onth Review Reference was made to the staff report dated September 21, 1999 recommending that: (a) Council provide direction to staff regarding existing restrictive covenants on title pertaining to secondary suites and the continued practice of placing restrictive covenants on newly created lots; (b) Staff be directed to prepare an amendment to the Zoning By-law to· delete conditions regarding minimum lot size and the requirement to obtain an annual District of Maple Ridge Trade licence; and to establish provisions to prohibit the construction of a secondary suite within a floodplain and define "cooking facility"; and (c) Staff be directed to prepare an amendment to the Building By-law to extend the reduced secondary suite registration fee of $125 from September 23, 1999 to March 31, 2000. C. Carter, Planner was in attendance for this item and displayed an overhead of the existing regulations contained in the Zoning By-law with respect to secondary suites and the rationale for the amendments proposed thereto which is detailed in the report. She advised that staff is looking for direction from Council with respect to the restrictive covenants and amendments would then be made to the by-law accordingly. Councillor Stewart stated that he believes the covenants are very clear and they should not be removed. The homeowners bought their houses knowing the covenants were in place. He also supports the retention of the owner occupied stipulation for secondary suites, noting that it convinced many people to accept the legalization of secondary suites. Councillor King stated that she is in favour of going forward with proposed recommendations (b and ( c ). With respect to the restrictive covenants, she is in favour of Council adding a recommendation to eliminate them. She noted that while the covenants prohibiting secondary suites have been placed on new homes constructed since 1994, a Committee of the Whole Minutes October 4, 1999 Page 4 great many of them have been built in such a way as to accommodate a suite and the covenants have been disregarded. They actually represent the best stock of habitable suites in Maple Ridge and they are there because there is a need for them. - On question from the Mayor, the Planner clarified that staff recommends in future that instead of placing a restrictive covenant on title to the lot at the time of subdivision, a determination be made at the time of rezoning as to whether suites would be allowed or not. It would become part of the Public Hearing. The District would notify the neighbourhood and the developer would say he wants to proceed with a suite or not and the neighbours' comments would form part of the Public Hearing process. Council would then make a decision. If the existing homes wanted to discharge their covenants, they would have to come to Council as well. Councillor Levens questioned if that process would work, noting that some developers and others have disregarded the restrictive covenants since 1994. Home owners with a restrictive covenant who have an secondary suite in homes built since 1994 are in an illegal position and should be dealt with on that basis. She suggested that the development community needs to build smaller houses that people can afford without having to pay for them by having an illegal suite. Councillor Clements stated that if the restrictive covenants are taken off, there will be a major impact on the School District due to increased enrolment in the schools. That is a ramification that has to be considered and he would like it looked into. Councillor Stewart stated that the rules have been established after much deliberation and he does not want to see the secondary suite policy opened up again. It is his feeling that the process of legalizing secondary suites will lead to more subsidized housing coming into Maple Ridge. _ • Councillor King disagreed with Councillors Clements and Stewart and further debate took place on those issues. Acting Mayor Baker spoke against the removal of the covenants, noting that home owners relied on them to ensure they were buying into a single family residential neighbourhood. Adjustments have been made to the policy to allow a temporary residential use for people to care for their relatives and he has no problem with that. He is in agreement with Items (b) and ( c) in the recommendation. The Committee, with the exception of Councillor King, agreed to the following amended recommendation: • AMENDED RECOMMENDATION That the staff report entitled Secondary Suites By-law -Six Month Review be received and it be resolved that: (a) Restrictive Covenants on title to Single Family Residential properties prohibiting a secondary suite use remain in place and that restrictive covenants continue to be placed on title to all Single Family Residential properties except infill developments on parcels established prior to October, 1994; I Committee of the Whole Minutes October 4, 1999 Page 5 (b) Staff be directed to prepare an amendment to the Zoning By-law to delete conditions regarding minimum lot size and the requirement to obtain an annual District of Maple Ridge trade licence; and to establish provisions to prohibit the construction of a secondary suite within a floodplain and define "cooking facility"; and (c) Staff be directed to prepare an amendment to the Building By-law to extend the reduced secondary suite registration fee of $125 from September 23, 1999 to March 31, 2000. Councillor King opposed, noting she disagrees with Item (a). 2.4 RZ/48/99-23315 Dewdney Trunk Road-C-2 to C-2 Reference was made to the staff report dated September 17, 1999 recommending that the subject application to permit the development of a community commercial shopping mall be denied on the basis it is not consistent with the Official Community Plan policy and Commercial designation for the property. The Director of Current Planning advised that the report has been discussed with the applicants and they are unable to be in attendance to make a presentation to the Committee. The applicants have not been given sufficient notice to prepare a presentation and ask that this application be deferred for two weeks. The Committee agreed to the following action being taken: ACTION REQUIRED: That RZ/48/99 (23315 Dewdney Trunk Road) be deferred to the October 18, 1999 Committee of the Whole Meeting to allow the applicants sufficient time to make a presentation. 2.5 RZ/42199 -21409 Lougheed Highway -CS-2 to CD Reference was made to the staff report dated September 23, 1999 in support of the following recommendation with respect to the subject application to rezone the Alouette Animal Hospital and associated commercial space to provide more flexibility in leasing space. The Committee agreed to the recommendation. RECOMMENDATION That application RZ/42/99 (21409 Lougheed Highway) to rezone property described in the staff report dated September 23, 1999 from CS-1 (Service Commercial) to CD (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. Committee of the Whole Minutes October 4, 1999 Page 6 3. FINANCIAL AND CORPORATE SERVICES (including Fire and Police) Nil 3.1 Clean-up of Property at 20623 Battle Avenue The Director of Community Services and Business Relations circulated a report dated September 30, 1999 in support of the following recommendation contained therein with respect to the above noted property. He displayed photographs indicating the condition of the property. The Committee agreed to the following recommendation. RECOMMENDATION That with respect to the property located at 20623 Battle Avenue 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 property of debris, including weeds, vines, branches and long grass. 3.2 Clean-up of Property at 20631 Battle Avenue The Director of Community Services and Business Relations circulated a report dated September 30, 1999 in support of the following recommendation contained therein with respect to the above noted property. He displayed photographs indicating the condition of the property. The Committee agreed to the following recommendation: RECOMMENDATION That with respect to the property located at 20631 Battle Avenue 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 cutting back and shaping the hedge and removing the branches. 4. COMMUNITY DEVELOPMENT AND RECREATION SERVICES Nil 5. OTHER ISSUES 5.1 Application by the District for Whistle Cessation at Six Crossings in Maple Ridge Reference was made to the letter from the Canadian Pacific Railway dated September 15, 1999: • advising that commuter rail and passenger trains will continue to sound whistles at all crossings; and Committee of the Whole Minutes October 4, 1999 Page 7 • providing recommendations on the six crossings and asking for further comments from the District. Councillor King suggested that the recommendations on the crossings be followed up by staff and that the District continue negotiations with the CPR on the cessation issue. She would also like Council to direct staff to look into the question of liability as noted in the penultimate paragraph of the CPR's letter. The CPR advises that they need to address the type of liability insurance that would be required when there is a whistle cessation for freight but not for commuter trains, or for a night time only ban, and the District does not know what those costs would be. She further commented that the correspondence represents significant progress on this issue. She noted that the CPR advises that commuter rail will not stop whistling but does not feel this is a problem as the commuter trains run in the morning and afternoon and not late at night. It is the freight train whistles in the middle of the night that are most disturbing. She would like to see Council direct staff to continue this more positive dialogue with the railway to see if some changes can be made in that regard.· Councillor Levens referred to Crossing No. 4 (Mile 102.80 Cascade Subdivision -224 Street). The CPR advises that it is within 100 yards of a private crossing for a logging operation. The private crossing is protected with lights, bell and gates but the trucks still tum out and occupy the tracks. The CPR has recently begun whistling at that crossing for safety reasons. Councillor Levens noted that the company probably operates only in the day time and suggested that a heavy gate be installed so that vehicles cannot go across the track at that location during the night which would eliminate the need for whistling during the night. Acting Mayor Baker advised that he is in agreement with carrying on with negotiations to ban the whistles, noting that there are signals and gates at the crossings, and whistling does help the train stop in any case. Councillor Clements noted that there is some suggestion in the letter that there are some crossings with limited visibility and he recommended that issue be looked into. The Committee agreed to the following recommendation: RECOMMENDATION That the letter from the Canadian Pacific Railway dated September 15, 1999 regarding the District's application for whistle cessation at six crossings be received; and further that staff continue to work towards whistle cessation, particularly night time whistling, and investigate the comments and recommendations outlined in the letter with respect to the crossings and liability insurance issues. A brief discussion ensued on the time frame for the staff report and a suggestion was made that it be two weeks. The Acting Chief Administrative Officer noted that it may take longer than two weeks to investigate the comments raised by the Committee, however, staff will provide the Committee with a progress report in two weeks time. Committee of the Whole Minutes October 4, 1999 Page 8 6. ADJOURNMENT I :50 p.m. Councillor T. Baker, Acting Mayor, Presiding Member of the Committee. /sk