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HomeMy WebLinkAbout1999-11-01 Adopted Committee of the Whole Minutes.pdf) November 1, 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 Manager of Public Works and Development M. W. Murray, General Manager of Community Development, Parks and Recreation Services T. Fryer, Director of Current Planning S. Karasz, Confidential Secretary Other Staff as Required K. Grout, Manager of Environmental Affairs K. Swift, Recreation Co-ordinator M. Davies, Director of Parks and Facilities Prior to the commencement of the meeting, Mayor Durksen issued a press Release to B.C.T.V. on behalf of the Municipal Council and the residents of the community expressing condolences to the family of Greg Moore. A minute of silence was observed in his memory. The Mayor departed at this point in the meeting and Acting Mayor Baker assumed the Chair. 1. DELEGATIONS/STAFF PRESENTATIONS -(10 minutes each) 1.1 Parks and Leisure Services Division -Update on Activities See Item 4.1 for the report/third quarter statistics. Kelli Swift reviewed the above noted statistics. She provided highlights of the comparison summary for 1988-1999 related to participation in the registered programs, drop-in programs, special services, special events, facility usage, etc. which are detailed in the report and explained why attendance was up or down. She also reviewed the Division's programs that are in progress and those that have been completed which are also detailed in the report. Councillor Levens noted that Maple Ridge's 125th Anniversary is missing from the list of special events. Committee of the Whole Minutes November I, 1999 Page 2 1.2 Alderwood Consultants re RZ/56/99-23874 and 23884-118 Avenue- RS-3 to CD-1-93 Linda Rutland-Petch, C. Tech, Alderwood Consultants, read and submitted a letter from Messrs. William Smart and James Williams dated November 1, 1999 which 1s summarized as follows: The two subject properties are owned by Mr. William Smart and Mr. James Williams. In keeping with the development theme in this neighbourhood, the two older homes located on the lots have been demolished and steps are being taken to rezone these two properties and subdivide them into four lots. A portion of each property has been dedicated to a lane which runs east and west. It is proposed that the lots to be developed would be situated between the lane and 118 A venue and, as a result, a relatively small portion of each of the two parent lots would remain on the south side of the lane, adjacent to land owned by Mr. Richard Lam, a developer operating in the area. The issue before Committee is whether to forward the application to Public Hearing and it is the condition with respect to the treatment of the remainders of the two existing parcels that is of concern to the applicants. These are the two portions of land south of the lane. Mr. Lam is the only logical purchaser for their property and both developments depend on a merger of the properties. Mr. Lam has been contacted with a view to having him acquire the applicants' property and has indicated that he did not anticipate paying anywhere near market value. The applicants have reviewed their asking price and feel that the price they seek is perfectly justified. There has been no further response from Mr. Lam. The applicants' concern is if the Municipality requires them to divest themselves of the remainders before zoning approval is granted, they are in a position of having absolutely no equal footing in their commercial transaction with Mr. Lam. They will end up with a significant investment locked in a state oflimbo and be unable to proceed. This will have significant costs. They therefore ask that the Committee remove the condition which would require them to consolidate the lands south of the lane. They are prepared to consolidate the remainders and hold that land in abeyance pending fair market resolution of their issue with Mr. Lam. At the same time, they would be asked to be granted the appropriate approvals to allow them to proceed with the development of the four lots north of the lane. The situation will not resolve itself; Mr. Lam has already serviced the property in a way that clearly anticipates the development of four lots. Note: See Item 2.1 also. 2. PUBLIC WORKS AND DEVELOPMENT SERVICES 2.1 RZ/56/99-23874 and 23884 -118 Avenue-RS-3 to CD-1-93 Reference was made to the staff report dated September 29, 1999 recommending that the subject application to permit subdivision into four lots be forwarded to Public Hearing subject to the conditions specified in the said report. ) Committee of the Whole Minutes November 1, 1999 Page 3 The Director of Current Planning displayed an overhead map and provided details of the proposed subdivision pattern of the properties in question and explained how the subject site will result in the extension of the development presently under construction directly to the east and tie into a new subdivision to the west. He indicated the location of the lane which is currently a statutory right-of-way, noting that this zoning application will formalize it into a dedicated lane. He referred to the presentation by the applicants regarding consolidation requirements (See Item 1.1 ). He noted that the staff recommendation is an attempt to resolve this issue at the zoning stage, however, there appears to be difficulty in getting the parties to come to a mutual agreement. There are alternatives to dealing with the lands that remain, however, Council has had some difficulty in the past regarding left over pieces of land. It will be a dilemma for the Approving Officer to deal with disposal of those lands at the subdivision stage. If it comes to that, and Council resolves that this issue should be dealt with at the subdivision stage, he would suggest that the pieces should only be attached to one of those parcels to increase the possibility of the parties getting together as a business -arrangement to come to a resolution. He emphasized that staff feels it is appropriate to • resolve the consolidation issue at the zoning stage. On question from Councillor Clements, the Director of Current Planning advised that it would be possible to achieve subdivision on the southern portion without acquisition of the remaining lands but it would be in a different form. He cannot give a definitive answer at this point but the yield would probably be affected and they may have to come back to Council for approval of a variance. He does feel it is appropriate for staff and Council to be part of a business deal between the individuals concerned and that they should get their house in order before the application goes forward. The staff recommendation does not stop the subject application from proceeding to Public .Hearing and second and third reading. This discussion could take place at the final approval stage; staff could report back at that time on the applicants' success in dealing with the property to the south as has been done in other cases. • Councillor Stewart stated that he will support the recommendation simply because it will allow the application to carry on. Councillor King stated that she is in favour of leaving in the condition with respect to consolidation. Consideration could then be given to the possibility of removing it or altering it in some way before final reading. She wants to maximize the possibility that the parties will resolve the matter rather than the District having to do it as it is not part of the District's business. Councillor Gordon agreed with Councillor King. Councillor Clements stated that he is prepared to support the recommendation as it will permit the application to proceed to Public Hearing. The application could then be held at second reading predicated on resolution of the problem as there are other avenues that could be considered. Councillor Levens questioned how long the application would be held up if the consolidation issue is not resolved by fourth reading, noting that time is money for a developer. The Director of Current Planning indicated that he did not anticipate that there would be a lengthy delay in the process. The application would likely go to the January Public Hearing and it would be brought back to Council shortly thereafter. Staff could • Committee of the Whole Minutes November 1, 1999 Page 4 report to Council fairly quickly. The parties involved would have time to carry on further discussions in the meantime. The Committee agreed to the following recommendation: RECOMMENDATION That application Ia/56/99 (23874 and 23884 -118 Avenue) to rezone property described in the staff report dated September 29, 1999 from RS-3 (One Family Rural Residential) to CD-1-93 (Amenity 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. 2.2 Soil Conservation Act Exemption -13473 -224 Street (D. Murrell) Reference was made to the staff report dated October 18, 1999 recommending that the subject application for a fill permit under the Soil Conservation Act be granted an exemption subject to certain conditions. Councillor King noted that work of this nature will have implications on surrounding properties. She questioned what chance there is for the District to achieve a plan that will address the drainage needs of the whole North Alouette Floodplain. The drainage problems will likely be exacerbated as development continues on the hillsides above it. One property owner can create problems for another. She questioned what authority the District has and what it can do to be helpful. The Manager of Environmental Affairs advised that under the current legislation, the District is only responsible for determining whether the proposed activity meets the Province's exemption criteria and the District under that legislation has an obligation to consider the exemption in isolation of the consequences to the area. She further noted that the District has received some grant funding to look at a comprehensive study of the area. The study to take a more comprehensive look at drainage will require the participation of Pitt Meadows, Maple Ridge and Provincial agencies. It is also her hope that the newly drafted Soil Deposit Regulation By-law will provide more control for activities in the floodplain, whether the lands are in the Agricultural Land Reserve or not. Councillor Clements advised that he has a concern regarding a potential compromise to the natural drainage occurring in the floodplain. This area floods on a regular basis in the spring and the fall. He understands that the drainage originates in the Malcolm Knapp Research Forest. Also, he does not want to see neighbouring properties compromised by people building dykes. The Manager of Environmental Affairs reiterated that the current Provincial legislation only asks if the property meets the exemption criteria and she agrees that a study is needed. Councillor Gordon stated that both drainage and flooding in this area needs to be addressed on a holistic rather than a piece-meal basis. If floodproofing is put into one area, it will affect the surrounding properties. She will support the application as it I Committee of the Whole Minutes November 1, 1999 Page 5 meets the Pr_ovince's exemption criteria but she hopes that the District will be able to address it from a holistic point of view at some point. Councillor Stewart noted that there has been 500 acres to the north turned into a cranberry bog with significant dyking. There are 140 acres to the west that have been filled. There is a cross-flow between the North and South Alouette Rivers. He added that he wants to be clear regarding the liability issue; he wants to know what the liability would be if Council turned down an application for flood protection that met the exemption criteria and the land subsequently flooded. He also questioned if there has been any discussion with the Inspector of Dykes and the Ministry of Municipal Affairs with respect to the creation of private dykes. The Manager of Environmental Affairs advised that her calls have not been returned. She has spoken to the Agricultural Land Commission and they are strictly in the business of fill activity and seemed unclear with respect to responsibility regarding fill activity. This can be looked at in the full study that is proposed. She added that at present it appears the District would be in a greater position of liability by not dealing with the exemption than by dealing with it. Staff is proposing amendments that will give some control over the floodplain and put the District in a position to better deal with the drainage issues. Councillor Levens asked if the District could send a letter to the Agricultural Land Commission when responding to the exemption application stating that Council is only dealing with the application because it is necessary to do so to avoid being held liable. The Manager of Environmental Affairs responded that those comments could be included. Councillor King added that she feels it would be really helpful for Council to send the application forward in the c:ontext of their discussions in order to encourage the inter- agency partnership needed to do the drainage study properly. The comments should lead to what Council ultimately wants to change. The Committee agreed to the following recommendation: RECOMMENDATION That the application for a fill permit under Permit Regulation Section Z(l)(d)(vii) of the Soil Conservation Act submitted by Ms. D. Murrell for the property at 13473 - 224 Street be granted an exemption provided the placement of fill is carried out in compliance with the relevant provisions of the Maple Ridge Soil Deposit Regulation By-law No. 4569-1991 and subject to provisions of the Soil Conservation Act. 2.3 ALR/6/98 -26171 Dewdney Trunk Road Reference was made to the staff report dated October 14, 1999 recommending that the subject application to subdivide within the Agricultural Land Reserve (ALR) not be authorized to proceed to the Agricultural Land Commission (ALC), noting that Council policy for this area recommends that lands be retained in the ALR. Committee of the Whole Minutes November 1, 1999 Page 6 Councillor Stewart spoke in opposition to the recommendation; it is his recommendation that the application be forwarded to the ALC. He noted that the property was zoned RS-3 prior to the implementation of the ALR and if the property was not in the ALR, the property owner would have the right to come into the Municipality and make an application. Councillor Levens stated that she too feels that the application should go to the ALC to let them make a decision. She noted that there was some question as to whether this property was put into the ALR before or after the Regional District's Public Hearing on the ALR and asked if that issue had ever been resolved. Mr. Slade Dyer, the agent for the applicant, advised that the original plans that were presented at the Dewdney Alouette Regional District's Public Hearing on the ALR did include these lands and lands to the east as well. Councillor Clements advised that he is familiar with the previous applications on this property and he agrees with Councillors Stewart and Levens. He would rather that this application went to the ALC for a decision. Councillor King stated that she supports the staff recommendation as it stands. Council has been following the Rural Plan which led to policies in the Official Community Plan governing subdivision within the ALR. This application makes no reference to clustering and consolidation which is a basis on which current recommendations on applications are made. Since it is in support of the OCP policies, she supports the recommendation. Councillor Gordon also stated that she supports the recommendation as it stands for the same reasons mentioned by Councillor King. In addition, Council just met within the past month with the ALC and she knows that they are not supportive of this application as Council has talked to them about it. This application involves staff time and it seems totally irresponsible to her to send applications to the ALC when Council knows they will not be supported. Councillor Stewart stated that if Council does not let the applications proceed, the fairness of a public process does not take place. He would rather be a little less fiscally responsible if it means that that the citizens of Maple Ridge will have the opportunity of a fair public process. Mr. Dyer advised that for purposes of clarification, Mr. Bromba, the applicant, has owned the property since 1967, seven years prior to the implementation of the ALR. The application is for subdivision within the ALR and not for exclusion. Mr. Bromba wants to subdivide under the existing RS-3 Zone which has been in place since 1961. Mr. Dyer stated that he has reviewed the Agricultural Land Commission's handbook with respect to this application relating to the Agricultural Land Commission Act (Section 22.1) which states that local governments may refuse to authorize a subdivision application of ALR lands if it requires an amendment to the OCP or Zoning By-law in order to proceed. This application does not require those amendments. This application is not contrary to any Municipal plans or by-laws or the Zoning By-law. It is only contrary to the clustering and consolidation concept, however, the land has been reviewed by two consultants and the clustering and consolidation concept does not apply. _) Committee of the Whole Minutes November 1, 1999 Page 7 He further noted that with respect to the policy that net benefits of agriculture be considered, the applicants feel that if the agricultural benefits are to be fairly considered, this should be done by the Provincial agency responsible for the ALR who have the necessary expertise to consider the merits of the agricultural reports the applicants have on the site. He advised that in the absence of the ALC, the applications would not have to come to Council; they could make application to the Approving Officer under the existing zoning. The applicants therefore request that the farming capabilities of the lands be addressed by the ALC and that this application be forwarded to the ALC for consideration. The Committee considered the recommendation in the report that the application not be authorized to proceed to the Agricultural Land Commission and it was defeated. (Councillors King and Gordon voted in favour). The Committee, with the exceptions of Councillors Gordon and King, agreed to the following recommendation: RECOMMENDATION That ALR/6/98 for the property described as Lot 29 except firstly: Part subdivided by Plan 76434; secondly; part subdivided by Plan LMP 6975; Section 24, Township 12, New Westminster District, Plan 26432 and located at 26171 Dewdney Trunk Road be authorized to proceed to the Agricultural Land Commission. (Councillors King and Gordon Opposed) 2.4 Remembrance Day Parade -Request to Use Municipal Streets Reference was made to the staff report dated October 8, 1999 recommending that the subject request be approved subject to the conditions specified in the said report. The Committee agreed to the following recommendation: RECOMMENDATION That the Royal Canadian Legion Maple Ridge Branch 88 be authorized to use Municipal Streets for their Annual Remembrance Day Parade on Thursday, November 11, 1999 provided the conditions outlined in the staff report dated October 8, 1999 are met. 3. FINANCIAL AND CORPORATE SERVICES (including Fire and Police) 3.1 Local Improvement Petition -Sanitary Sewer-124 Avenue-By-law No. 5849-1999 Reference was made to the staff report date October 20, 1999 in support of the following recommendation contained therein with respect to the installation of service connections at 21298 and 21310/ 21314-124 Avenue. Committee of the Whole Minutes November I, 1999 Page 8 The Committee agreed to the following recommendation: RECOMMENDATION That Maple Ridge 124 Avenue Local Improvement Construction By-law No. 5849- 1999 be read a first and second time and that rules of order be waived and Maple Ridge 124 Avenue Local Improvement By-law No. 5849-1999 be read a third time. 4. COMMUNITY DEVELOPMENT AND RECREATION SERVICES Nil 4. l Parks and Leisure Services Division -Third Quarter Statistics Reference was made to the staff report dated October 20, 1999 recommending that the statistics attached thereto be received for information. The Committee agreed to the following recommendation: RECOMMENDATION That the 1999 third quarter statistical report from the Parks and Leisure Services Division be received. 4.2 Parks and Leisure Services Commission Open Meeting Minutes -September 9, 1999 Reference was made to the staff report dated October 20, 1999 recommending. that the subject Minutes attached thereto be received for information. The Committee agreed to the following recommend~tion. RECOMMENDATION That the Minutes of the September 9, 1999 open meeting of the Parks and Leisure Services Commission be received for information. 5. OTHERISSUES Nil 6. ADJOURNMENT 2:50 p.m. Acting Mayor T. Baker Presiding Member of the Committee /sk