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HomeMy WebLinkAbout2011-10-03 Committee of the Whole Meeting Agenda and Reports OPT.pdfDistrict of Maple Ridge COMMITTEE OF THE WHOLE AGENDA October 3, 2011 1:00 P.M. Council Chamber Committee of the Whole is the initial venue for review of issues. No voting takes place on bylaws or resolutions. A decision is made to send an item to Council for debate and vote or to send an item back to staff for more information or clarification before proceeding to Council. Note: If required, there will be a 15-minute break at 3:00 p.m. Chair. Acting Mayor 1. DELEGATIONS/STAFF PRESENTATIONS - (10 minutes each) 1:00 p.m. 1.1 2. PUBLIC WORKS AND DEVELOPMENT SERVICES Note: Owners and/or Agents of Development Applications maybe permitted to speak to their applications with a time limit of 10 minutes. Note: The following items have been numbered to correspond with the Council Agenda: 1101 RZ/024/09, 25467 Bosonworth Avenue, RS-3 to RS-2 Staff report dated October 3, 2011 recommending that Maple Ridge Zone Amending Bylaw No. 6867-2011 to permit subdivision into four lots be given first reading and that the applicant provide further information as described on Schedules A-H of Development Procedures Bylaw No. 5879-1999. Committee of the Whole Agenda October 3, 2011 Page 2 of 4 1102 RZ/075/09, 23553 Larch Avenue, First Extension Staff report dated October 3, 2011 recommending that a one year extension be granted for rezoning application RZ/075/09 to permit future subdivision of 13 single family parcels and 17 multi -family parcels. 1103 DVP/041/06, 24221, 24281, 24361 104 Avenue Staff report dated October 3, 2011 recommending that the Corporate Officer be authorized to sign and seal DVP/041/06 to reduce rear yard setbacks for one family residential use on proposed lots 1-15. 1104 2011-072-DVP, 14205 256 Street Staff report dated October 3, 2011 recommending that the Corporate Officer be authorized to sign and seal 2011-072-DVP to vary the maximum height of 3 retaining walls required to meet post -disaster requirements of the Building Code. 1105 DP/DVP/116/07, 12075 Edge Street Staff report dated October 3, 2011 recommending that the Corporate Officer be authorized to sign and seal DVP/116/07 for variances to front and exterior side yard setbacks and parking stalls and that the Corporate Officer be authorized to sign and seal DP/116/07 to permit construction of a four - storey, wood -frame, 77 unit residential apartment building. 1106 Local Area Service Bylaw No. 6860-2011, Hampstead Enhanced Landscape Maintenance, 13465-13479 229 Loop, 13555-13575 230A Street and 23020 - 135B Avenue Staff report dated October 3, 2011 recommending that a Local Area Service for enhanced landscape maintenance costs be authorized and further that Hampstead Local Area Service Bylaw No. 6860-2011 be given first, second and third readings. 3. FINANCIAL AND CORPORATE SERVICES (including Fire and Police) 1131 Disbursements for the month ended August 31, 2011 Staff report dated October 3, 2011 recommending that the disbursements for the month of August 2011 be approved. Committee of the Whole Agenda October 3, 2011 Page 3 of 4 1132 Development Cost Charges Imposition Amending Bylaw No. 6865-2011 Staff report dated October 3, 2011 recommending that Maple Ridge Development Cost Imposition Amending Bylaw No. 6865-2011 to reflect updates to the capital program be given first, second and third readings. 1133 2012 Permissive Tax Exemptions Staff report dated October 3, 2011 recommending that Maple Ridge Tax Exemption Bylaw No. 6863-2011 to exempt certain types of properties from municipal property taxation be given first, second and third readings. 4. COMMUNITY DEVELOPMENT AND RECREATION SERVICES 1151 Award of Tender, Core Park Construction Staff report dated October 3, 2011 recommending that the contract for the construction of the Core Park site located west of 222 Street and north of Church Avenue be awarded to Marten Timmer Excavating Ltd and that the Corporate Officer be authorized to execute the contract. 1152 Maple Ridge Equestrian Sports Centre License to Occupy Agreement Staff report dated October 3, 2011 recommending that the Manager, Legislative Services be authorized to sign the Maple Ridge Equestrian Sports Centre License to Occupy Agreement 5. CORRESPONDENCE 1171 1181 7. ADJOURNMENT Committee of the Whole Agenda October 3, 2011 Page 4 of 4 COMMUNITY FORUM The Community Forum provides the public with an opportunity to ask questions of Council on items that are of concern to them, with the exception of Public Hearing by-laws that have not yet reached conclusion. Council will not tolerate any derogatory remarks directed at Council or staff members. Each person will be permitted 2 minutes to speak or ask questions (a second opportunity is permitted if no one else is sitting in the chairs in front of the podium). Questions must be directed to the Chair of the meeting and not to the individual members of Council. The total time for this Forum is limited to 15 minutes. If a question cannot be answered, the speaker will be advised when and how a response will be given. Other opportunities are available to address Council including public hearings and delegations. The public may also make their views known to Council by writing or via email and by attending open houses, workshops and information meetings. Serving on an Advisory Committee is an excellent way to have a voice in the future of this community. For more information on these opportunities contact: Clerk's Department at 604-463-5221 or clerks@mapieridge.ca Mayor and Council at mayorandcouncil@mapieridge.ca Checked Date: xoj� Deep Roots Greater Heights TO: FROM: SUBJECT District of Maple Ridge His Worship Mayor Ernie Daykin MEETING DATE: and Members of Council FILE NO: Chief Administrative Officer MEETING: First Reading Maple Ridge Zone Amending Bylaw No. 6867-2011 25467 Bosonworth Avenue EXECUTIVE SUMMARY: October 3, 2011 RZ/024/09 CofW An application has been received to rezone the subject property from RS-3 (One Family Rural Residential) to RS-2 (One Family Suburban Residential). To proceed further with this application additional information is required as outlined below. RECOMMENDATIONS: That Zone Amending Bylaw No. 6867-2011 be given First Reading; and; That the applicant provide further information as described on Schedule (A-H) of the Development Procedures Bylaw No. 5879 - 1999. DISCUSSION: a) Background Context: Applicant: Don Bowins Owner: John H Buckle, Judy L Duncan, Ty N Vong, Nicole J Buckle Legal Description: Lot: 6, Block: 3&4, Section: 14, Township: 12, Plan: 17459 A lia Existing: Suburban Residential Zoning: Existing: RS-3 (One Family Rural Residential) Proposed: RS-2 (One Family Suburban Residential) Surrounding Uses: North: Use: Single Family Residential in the ALR Zone: RS-3 (One Family Rural Residential) Designation Agriculture South: Use: Single Family Strata Zone: RG-2 (Suburban Residential Strata) Designation: Suburban Residential East: Use: Single Family Residential Zone: RS-3 (One Family Rural Residential) Designation: Suburban Residential 1101 West: Use: Zone: Designation Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing requirement: b) Site Characteristics: Single Family Residential RS-3 (One Family Rural Residential) Suburban Residential Single Family Residential Single Family Residential 2.030 HA. (5 acres) Bosonworth Avenue Municipal water and septic field The subject property slopes from Bosonworth Avenue north to the Agricultural Land Reserve along the northern property line. The property is currently serviced by well. The development directly to the south of this property is providing a water connection for this property. The proposed lots will be serviced by the coming municipal water. Road upgrades are also taking place along Bosonworth Avenue to ensure adequate access for the proposed development. Project Description: The applicant proposes to rezone the subject property from RS-3 (One Family Rural Residential) to RS-2 (One Family Suburban Residential) to permit subdivision into four lots. The proposed lots will be serviced by municipal water and onlot septic systems. At this time the current application has been assessed to determine its compliance with the Official Community Plan and provide a land use assessment only. Detailed review and comments will need to be made once full application packages have been received. A more detailed analysis and a further report will be required prior to Second Reading. Such assessment may impact proposed lot boundaries and yields, Official Community Plan designations and Bylaw particulars, and may require application for further development permits. c) Planning Analysis: Zoning Bylaw: The current application proposes to rezone the property located at 25467 Bosonworth Avenue from RS-3 (One Family Rural Residential) to RS-2 (One Family Suburban Residential) to permit subdivision into four lots. Any variations from the requirements of the proposed zone will require a Development Variance Permit application. -2- Development Permits: Pursuant to Section 8.10 of the Official Community Plan, a Natural Features Development Permit application is required for all development and subdivision activity to ensure the preservation, protection, restoration and enhancement for the natural environment and for development that is protected from hazardous conditions for; • All areas designated Conservation on Schedule "B" or all areas within 50 metres of an area designated Conservation on Schedule "B", or on Figures 2, 3 and 4 in the Silver Valley Area Plan; • All lands with an average natural slope of greater than 15 percent; • All floodplain areas and forest lands identified on Natural Features Schedule "C" d) Interdepartmental Implications: In order to advance the current application, after First Reading, comments and input, will be sought from the various internal departments and external agencies listed below: a) Engineering Department; b) Operations Department; c) Fire Department; d) Parks Department; The above list is intended to be indicative only and it may become necessary, as the application progresses, to liaise with agencies and/or departments not listed above. This application has not been forwarded to the Engineering Department for comments at this time; therefore, an evaluation of servicing requirements has not been undertaken. We anticipate that this evaluation will take place between First and Second Reading. e) Development Applications: In order for this application to proceed the following information must be provided, as required by Development Procedures Bylaw No. 5879 - 1999 as amended: 1. A complete Rezoning Application (Schedule B or Schedule C); 2. Watercourse Protection Development Permit Application (Schedule F); 3. Natural Features Development Permit Application (Schedule G); 4. Subdivision Application, as per attached requirements. The above list is intended to be indicative only, other applications may be necessary as the assessment of the proposal progresses. -3- CONCLUSION: The development proposal is in compliance with the Official Community Plan, therefore, it is recommended that Council grant First Reading subject to additional information being provided and assessed prior to Second Reading. It is expected that once complete information is received, Maple Ridge Zone Amending Bylaw No.6867-2011 will be amended and an Official Community Plan Amendment for Conservation boundary adjustment may be required. The proposed layout has not been reviewed in relation to the relevant bylaws and regulations governing subdivision applications. Any subdivision layout provided is strictly preliminary and must be approved by the District of Maple Ridge's Approving Officer. Prepared by: Sarah Atkinson Planning Technician Approve y �— a kering, MCP, MCIP Oiecto-r� of Planning Approved by: Frank Quinn, MB E W: PubIWWorA & 13 velopment Services Concurrence: SA/dp L. (Jim) Rule lief Administrative Officer The following appendices are attached hereto: Appendix A - Subject Map Appendix B - Zone Amending Bylaw No.6867-2011 Appendix C - Site Plan 4. - - - - - -- L� APPENDIX A - - _ 112 N V m N N N P 41743 59 P 34100 28 P 1 -j 1159 7 8 SUBJECT PROPERTY 10 I P 32801 P 35648 P 1 9 5 Rem 25 6 41 N - — - — - — ---- BOSONWORTH AVE. 12 � SL68tNS SL66 SL65 SL64 SL63 SL62 SL61 SL60 SL59SL58 SL57 SL56 SL55 EPS 234 SL54 SL53 SL52 SL51 SL50 SL49 EPS 234 SL48 SL47 SL75 N GODWIN DRIVE N N SL45 TSLT9 SL80� SL34 SL35 SL39 SL40 SL41 SL42 SL43 SL44 SL46 SL38 SL36 SL37 ■ i A SCALE 01 -J I 25467 BOSONWORTH AVENUE iU) 41 CORPORATION OF I i - THE DISTRICT OF MAPLE RIDGE PLANNING DEPARTMENT DATE: Sep 22, 2011 FILE: DP/024/09 BY: PC APPENDIX B CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO.6867-2011 A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 -1985 as amended. WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6867-2011." 2. That parcel or tract of land and premises known and described as: Lot 6 Block 3 & 4 Section 14 Township 12 New Westminster District Plan 17459 and outlined in heavy black line on Map No. 1545 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to RS-2 (One Family Suburban Residential). 3. Maple Ridge Zoning Bylaw No. 3510 -1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the day of , A.D. 20 . READ a second time the day of PUBLIC HEARING held the day of READ a third time the day of RECONSIDERED AND FINALLY ADOPTED, the PRESIDING MEMBER ,A.D. 20 . A.D. 20 . ,A.D. 20 . day of , A.D. 20 . CORPORATE OFFICER MAPLE RIDGE ZONE AMENDING Bylaw No. 6867-2011 Map No. 1545 From: RS-3 (One Family Rural Residential) To: RS-2 (One Family Suburban Residential) �'� N SCALE 1:2,500 APPENDIX C BENCHMARK CONTROL MONUMENT BOH13M LOCATED AT IT; AVENUE AND 805ONWURTH AVENUE ELEVATION• 108.19m (STAN `NADE� E-nSTma m� DITCH PROPOSED C URUTY POLE SIM* SEWER STY FIRE HYDRAN SANITARY SEWFDR SAN RON PIN DAS BASEMENT EI D.K. BOWINS &ASSOCIATES INC. GAS TYATER */w EDGE DF PA) ulHur., ecH. DEwALX 8955 EMIRY STREET. MISSION. B.C. V4S IAB FAX: W4-8264399. FA%:6BF8263318 EMAIL: OSo-Akie(gnn.w.w U 0. TELEPHONE B.Gi SURVEY VON -MMOEE —f} SAN. MSPEC' CAfcM BAD m STREET LIGH' OR VALVE G ¢ No Date Revision BY LATER %A$ — .—.q .M —,v iT IA. Rr ., of D.R. I —NB # ASS .— Inc. — cannot D. -.0. I-M. a r.prnR. -- — —.1- 1-1 aT .— cwn Y. District of Maple Ridge Deep Roots Greater Heights TO: His Worship Mayor Ernie Daykin MEETING DATE: October 3, 2011 and Members of Counc'l FILE NO: RZ/075/09 FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Rezoning - First Extension Maple Ridge Zone Amending Bylaw No.6737 - 2010 23553 Larch Avenue EXECUTIVE SUMMARY: The applicant for the above noted file has applied for an extension to this rezoning application under Maple Ridge Development Procedures Bylaw No. 5879-1999. This application is to rezone the subject property from RS-3 (One Family Rural Residential) to R-1 (Residential District) and RST-SV (Street Townhouse -Silver Valley) to permit a future subdivision of 13 Single Family parcels and 17 Multi -Family parcels (street townhouse units in duplex and triplex forms). RECOMMENDATION: That a one year extension be granted for rezoning application RZ/075/09 and that the following conditions be addressed prior to consideration of final reading: Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of security as outlined in the Agreement; Registration of a Geotechnical Report as a Restrictive Covenant which addresses the suitability of the site for the proposed development; iii. Registration of a Restrictive Covenant for the Duplex Design to regulate the form and character of these units; iv. Road dedication as required; V. Restoration and rebuilding of the existing Equestrian Trail and retaining it for better pedestrian connectivity as a multi -purpose walkway for public; vi. Park dedication or market value of 5% of the land as required, including construction of walkways and/or equestrian trail. vii. Pursuant to the Contaminated Site Regulations of the Environmental Management Act, the subdivider will provide a Site Profile for the subject land. -1- 1102 DISCUSSION: a) Background Context: Applicant: Slade Dyer of Bowins & Dyer Management Inc. Owner: 0782937 BC LTD Legal Description: Parcel "C" (Reference Plan 1804 "A") of the North West Quarter of Section 28 Township 12 New Westminster District, Except: Part on Plan LMP35465; PID: 002-021-315. OCP: Existing: Med/High Density Residential Zoning: Existing: RS-3 (One Family Rural Residential) Proposed: R-1 (Residential District), RST-SV (Street Townhouse -Silver Valley) Surrounding Uses North: Use: Single Family Residential Zone: RS-1b (One Family Urban Residential -Medium Density) and R-1(Residential District) Designation Medium Density Residential and Medium High Density Residential South: Use: Single Family Residential Zone: RS-2 (One Family Suburban Residential) and RS-3 (One Family Rural Residential) Designation: Medium High Density Residential East: Use: Single Family Residential (*proposed Multi -Family Residential RZ/05/08) Zone: R-1(Residential District); RS-2 (One Family Suburban Residential); RS-3 (One Family Rural Residential) *Proposed RM-1(Townhouse Residential) Designation: Medium High Density Residential West: Use: Vacant Zone: RS-3 (one Family Rural Residential) Designation: Medium High Density Residential Existing Use of Property: Vacant Proposed Use of Property: Single Family Residential and Multi -family Residential Site Area: 1.480 HA (3.7acres) Access: 133rd Avenue Extension, Larch Avenue, 236t" Street. Servicing requirement: Full Urban Previous Applications: None This application is to permit a future subdivision of 13 Single Family parcels and 17 Multi -Family parcels (street townhouse units in duplex and triplex forms). WA The following dates outline Council's consideration of the application and Bylaw 6737 - 2010: • First Reading was granted on May 25, 2010. • Second Reading was granted on August 31, 2010. • Public Hearing was held on September 21, 2010. • Third Reading was granted on October 12, 2010. Application Progress: The applicant is working on finalizing the legal documents (items i, ii, iii, iv above) with the solicitor. Item vi (cash in lieu for park dedication) was approved by Council recently. It is anticipated that the remaining items will be executed in the next few months and Final Reading will be requested for Zone Amending Bylaw #6737-2010. Alternatives: Council may choose one of the following alternatives: 1. grant the request for extension; 2. deny the request for extension; or 3. repeal third reading of the bylaw and refer the bylaw to Public Hearing. CONCLUSION: The applicant has been actively pursuing the completion of this rezoning application and has applied for a one year extension. It is anticipated that within the next few months final consideration will be applied for. Prepared by: Rasika Acbbrya, B-Arch, M-Tech, UD, LEEDS AP Planner proved �ti y. ne P'ekering, M , MCIP Diror[ar� Approved by.` Frank Quinn, MBA, n G Public r & De elopment Services Concurrence: J.LI(Jim) Rule CtAef Administrative Officer The following appendices are attached hereto: Appendix A - First Reading Report -3- r� Deep Roots Greater Heights TO: FROM: SUBJECT: DISTRICT OF MAPLE RIDGE His Worship Mayor Ernie Daykin and Members of Council Chief Administrative Officer Second Reading APPENDIX A DATE: August 19, 2010 FILE NO: RZ/075/09 ATTN: C of W Maple Ridge Zone Amending Bylaw No.6737 - 2010 23553 LARCH AVENUE EXECUTIVE SUMMARY: On May 25, 2010 Council gave first reading to rezone the subject property from RS-3 (One Family Rural Residential) to R-1(Residential District) and RST-SV (Street Townhouse -Silver Valley) to permit a future subdivision of 13 Single Family parcels and 17 Multi -Family parcels (street townhouse units in duplex and triplex forms). It was recommended in the 1st reading report dated May 10, 2010, that the applicant provide further information as described on Schedule C, D, E & G of the Development Procedures Bylaw No. 5879 - 1999 prior to being considered for 2nd reading and proceeding to the Public Hearing. The applicant has completed this recommendation, hence this 2"c reading report for Council consideration. The subject property is designated Medium/High Density Residential in the Silver Valley Area Plan. The proposed R-1 (Residential District) and RST-SV (Street Townhouse -Silver Valley) zoning aligns with this land use designation. RECOMMENDATIONS: 1. That Zone Amending Bylaw No. 6737 - 2010 be given second reading and be forwarded to Public Hearing; and 2. That the following terms and conditions be met prior to final reading. Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of security as outlined in the Agreement; Registration of a Geotechnical Report as a Restrictive Covenant which addresses the suitability of the site for the proposed development; iii. Registration of a Restrictive Covenant for the Duplex Design to regulate the form and character of these units; iv. Road dedication as required; V. Restoration and rebuilding of the existing Equestrian Trail and retaining it for better pedestrian connectivity as a multi -purpose walkway for public; vi. Park dedication or market value of 5% of the land as required, including construction of walkways and/or equestrian trail. vii. Pursuant to the Contaminated Site Regulations of the Environmental Management Act, the subdivider will provide a Site Profile for the subject land. DISCUSSION: a) Background Context: Applicant: Slade Dyer of Bowins & Dyer Management Inc. Owner: 0782937 BC LTD Legal Description: Parcel "C" (Reference Plan 1804 "A") of the North West Quarter of Section 28 Township 12 New Westminster District, Except: Parton Plan LMP35465; PID: 002-021-315. OCR Existing: Zoning: Med/High Density Residential Existing: RS-3 (One Family Rural Residential) Proposed: R-1(Residential District), RST-SV (Street Townhouse -Silver Valley) Surrounding Uses North: Use: Single Family Residential Zone: RS-1b (One Family Urban Residential -Medium Density) and R-1(Residential District) Designation Medium Density Residential and Medium High Density Residential South: Use: Single Family Residential Zone: RS-2 (One Family Suburban Residential) and RS-3 (One Family Rural Residential) Designation: Medium High Density Residential East: Use: Single Family Residential (*proposed Multi -Family Residential RZ/05/08) Zone: R-1(Residential District); RS-2 (One Family Suburban Residential); RS-3 (One Family Rural Residential) *Proposed RM-1(Townhouse Residential) -2- Designation: Medium High Density Residential West: Use: Vacant Zone: RS-3 (one Family Rural Residential) Designation: Medium High Density Residential Existing Use of Property: Vacant Proposed Use of Property: Single Family Residential and Multi -family Residential Site Area: 1.480 HA (3.7acres) Access:, 133,11 Avenue Extension, Larch Avenue, 236th Street. Servicing requirement: Full Urban b) Project Description: The subject site consists of a 3.7 acre lot, west of 236th Street in Silver Valley. The applicant is proposing to rezone the subject property located at 23553 Larch Ave from RS-3 (One Family Rural Residential) to R-1 (Residential District) and RST-SV (Street Townhouse -Silver Valley) to permit the future subdivsion of 13 single family lots and 17 street townhouses in duplex and triplex design. An easement and maintenance agreement will be registered on the street townhouse lots at the subdivision stage to ensure that all joint servicing and maintenance issues are addressed prior to occupancy. These street townhouse buildings are designed to have the appearance of a townhouse while also providing a more individualized style for each unit. Concurrent applications include a Subdivision application to create the proposed lots; Development Permit application to regulate form and character of the street townhouse units; Development Variance Permit application for the variance requested and a Natural Features Development Permit to protect, restore and stabilize some portions of the land that have an average natural slope of greater than 15 percent. This year a number of street improvement options involving Larch Avenue and 236th Street were presented at the Council Workshop. This application includes the construction of part of Larch Avenue. Staff is in discussion with the neighbouring property owner to advance the construction of Larch Avenue from 236th Street. c) Planning Analysis: Official Community Plan: The development site is within the Silver Valley Area Plan of the Official Community Plan. The development of Silver Valley is based on principles associated with achieving a complete community with good pedestrian linkages. Within the Silver Valley Area Plan, the subject site falls between Forest Hamlet and River Village. It is designated Medium High Density Residential in the Silver Valley Area Plan. The proposed R-1 (Residential District) and RST-SV (Street Townhouse -Silver Valley) zoning aligns with this land use designation. Zoning Byla : Two zones have been proposed: R-1 (Residential District) for 13 single family lots and RST-SV (Street Townhouse -Silver Valley) for 17 street townhouses. The proposed R-1 (Residential District) zone requires a minimum lot size of 371 m2; a minimum lot width of 12 meters and a minimum lot -3- depth of 24 meters. The proposed 13 single family lots comply with this and range in size from 372 m2 to 607 m2. The minimum lot size, lot depth and lot width for the proposed RST-SV (Street Townhouse -Silver Valley) zone depends on a rear lane access and lot location with respect to a street or lane (interior, exterior or exterior lot on Street corner). All the proposed lots comply with the minimum lot size, lot width and lot depth required for the proposed zone. The proposed RST-SV (Street Townhouse -Silver Valley) zone also specifies that the common walls between units must be adjoined to the full length of the interior side wall of the neighbouring unit. This requires a variance as stated below as some units have been staggered. Variances to the Zoning_L3ylaw: The applicant is seeking the following variance to the RST-SV (Street Townhouse) zone: • Variance to Section 601E (6.0) Setbacks (1) Interior Side: requiring the full length of the interior side wall of the principal dwelling and garage is adjoined to the full length of a neighbouring building. Lot 3, 4, 24, 25 and 26 (Appendix C) require a variance as they do not comply with this requirement due to the staggered common party walls; This will be the subject of a future Council report. Development Permits: Pursuant to Section 8.7 of the Official Community Plan, a Multi -Family Development Permit application is required to ensure the current proposal enhances existing neighbourhoods with compatible housing styles that meet diverse needs, and minimize potential conflicts with neighbouring land uses. A Development Permit application (DP/075/09) has been submitted for the triplex unit on Lot 24 (Appendix C). This will be the subject of a future Council report. Pursuant to Section 8.10 of the Official Community Plan, a Natural Features Development Permit application is required for all development and subdivision activity for; • All areas designated Conservation on Schedule "B" or all areas within 50 meters of an area designated Conservation on Schedule "B"; • All lands with an average natural slope of greater than 15 percent; • All floodplain areas and forest lands identified on Natural Features Schedule "C" According to the District's mapping system, this property has an average natural slope of greater than 15 percent. A Natural Features Development Permit application (DP/058/10) has been submitted for review. Advisory Design Panel: On August 10, 2010 the Advisory Design Panel reviewed the proposal for form and character. There were several concerns, questions and comments raised by the panel due to inconsistency in the architectural drawings presented and unresolved issues about form, design, building code, and on- !L! site storm water management, erosion sediment control and drainage. The panel recommended the following through a resolution: The following concerns be addressed and digital versions of revised drawings & memo be submitted to Planning staff; and further that Planning staff forward this on to the Advisory Design Panel for information. • Revise the drawings to ensure consistency between the renderings and drawings; architectural, landscape and pencil; • Landscaping plan be prepared indicating sidewalks, and street tree locations on Larch Avenue; • Resolve fire separation issues relative to form and character; • Provide a roof plan showing resolution of roof slopes and drainage in relation to form and character; • These comments refer to the triplex plans however should be considered and reviewed in relation to the duplex plans by the applicant. The applicant has not completed the request of the Design Panel; several issues remain to be addressed for the duplex units which will have a Design Covenant and for the triplex unit which will be covered through a Multi -Family Development Permit. This will be the subject of a future report to Council. Dgvelopment Information Meeting: In accordance with Council Policy 6.20 a Development Information Meeting was required for this proposal as more than 21 units/ parcels are proposed. On August 11, 2010 the applicant and his team of consultants held the "Development Information Meeting' at "Maple Ridge Eagles Hall", 23461 Fern Crescent from 6:30 to 8:30 pm. As per Council Policy 6.20, invitations were mailed to qualifying property owners, advertisements were placed in the local paper and a notice was attached to the development sign on site. All the proposed drawings were displayed for all interested residents. This meeting was attended by approximately 16 people who had several comments and concerns. Comments from this meeting were: • Increased traffic on 236th Street and traffic impacts at the intersections of 1331d Avenue and 236th Street; Fern Crescent and 236th Street. This included concerns over sidewalks; • Schools in the Silver Valley area and this development further impacting the school scenario; • A preference to have more park area to accommodate the existing residents; • Storm drainage on 236th Street with respect to previous flooding on the southern property; I&M G Maintaining the Horse Trail on Larch Avenue, during and after construction and a desire to keep it for multi -purpose use as a good access to the Shull Trail as the Greg Moore Trail (north of 233rd Street) is not completed and open to public yet; • Questions related to proposed lot value, unit value, construction timing, future construction of Larch Avenue to the west and site servicing; d) Citizen/Customer Implications: Any neighbourhood concerns about this proposal may be expressed at the Public Hearing. e) Interdepartmental Implications: Engineering Depa_rtrnent: The Engineering Department reviewed the proposal and determined that all the required off -site services do not exist. The deficient services which are required to be provided through a Rezoning Servicing Agreement include the following: road dedication for Larch Avenue, 233rd Street; off -site upgrades like sidewalk, street trees, curb, gutter, etc. The Sanitary and Storm sewer needs to be extended along Larch Avenue to the west of the boundary of the subject site. The municipal water system must be reviewed by the applicant and upgraded if found inadequate for fire flow quantity and pressure required for the proposed density. Building Department: The Building Department reviewed the proposal and has the following comments: • Party walls between units must be constructed as firewalls and meet all the applicable BCBC requirements for firewalls; • Roof overhangs are not permitted to encroach beyond firewalls onto adjacent lots; • Lots 3,4,24,25 and 26 proposing building faces that are offset from the adjacent units must be non-combustible construction with non-combustible cladding due to spatial separation and the zero meter setback; • Lot grading plan must provide retaining wall details for single and tiered walls including construction material specification and typical sections; • Any on -lot storm water management systems must be identified on each lot. These must be resolved before Subdivision approval and the issuance of a Building Permit. Parks & Leisure Services Department_ The Parks & Leisure Services Department have confirmed that the existing Equestrian Trail in the Larch Avenue road right-of-way will no longer be an Equestrian route, however the existing trail shall be retained for better pedestrian connectivity as a walkway. If this existing trail is disturbed due to any servicing works/ upgrades, a new trail for pedestrian use is to be built and restored. s-V The Parks & Leisure Services Department have identified that after the subdivision is completed they will be responsible for maintaining the street trees. In the case of this project it is estimated that there may be an additional 35 trees which is based on the landscape plan dated September 2009 by DMG Landscape Architects; final subdivision design will provide exact numbers. The Manager of Parks & Open Space has advised that the maintenance requirement of $25.00 per new tree will increase their budget requirements by $ 875.00. Fire Department: The Fire Department has reviewed the proposal and has no concerns with it except a reminder that access and visibility of fire hydrants must be maintained especially as the corner lots are best locations for these. f) School District Comments: A referral was sent to the School District Office on July 27, 2010 and no comments were received. g) Canada Post Comments: A referral was sent to the Canada Post Corporation on July 27, 2010. They have requested that a small portion of the 2331d Street road right-of-way be utilized by Canada Post to install Community Mailboxes to effectively supply convenient and safe mail delivery to the citizens of Maple Ridge. They have sent a plan showing the preferred location which is close to Lot 18 (Appendix C). h) Intergovernmental Issues: Local Government Act: An amendment to the Official Community Plan requires the local government to consult with any affected parties and to adopt related bylaws in compliance with the procedures outlined in Section 882 of the Act. There is no amendment to the Official Community Plan for this development proposal. i) Environmental Implications: A Natural Features Development Permit will be required for this proposal as this property has an average natural slope of greater than 15 percent. A Natural Features Development Permit application (DP/058/10) has been submitted for review. Prior to approval of the Natural Features Development Permit the applicant/ developer will post refundable security with the District for any enhancement, slope stabilizing and landscaping works based on a planting plan and cost -estimate by the Environmental Monitor. MAI CONCLUSION: The proposal is in compliance with the Official Community Plan, however requires a Development Variance Permit, Development Permit and a Natural Features Development Permit as described in the report. Several concerns and questions raised by the Advisory Design Panel have to be yet addressed by the applicant and will be noted in a future Development Permit report. Prepared by: Rasika Acharya, B-Arch, M-Tech, LID, LEED® AP Planner Ap over! by: �a-rZe ering, M , MCIP Director of Planning A ng %GM:Public Works & ❑ev, op ent Services Concurrence: J. L. (Jim) Rule Chief/Administrative Officer r� RA / RZ The following appendices are attached hereto: Appendix A - Subject Map Appendix B - Zone Amending Bylaw 6737 - 2010 Appendix C - Proposed Subdivision Sketch and Site Plan Appendix D - Proposed Landscape Plan "-I 16 s3c30 '- ' LMP 4 68 3a2= 13 PAR ' 13c22 + t 3d16 14 t 13as2 BC 2355 17 76 114M' Rem 3 PARK 7 8 '340D P 3007 ,3395 6 28 13395 �agpp PP 7(-0136 0 7 s33B0 29 13375 5 CL R3yd¢ 6 13370 _ _ 23486 13365 4 0 n 5 13360 30 13356 3 a � A. 4 73350 131u 2 scs 577 ZOO-` 2 k3396'44 1 o w r w� 2 ` SUBJECT PROPERTY 4 1371g PA K 3 4 aar3 7330g 9� 153 5 133u5 a s33,n RP 1EID4A RP 15218 r City of Pitt J� Meadows.. j i '► ' fflp :.- ' District of 'r Langley SCALE 1:2.500 - F 1 p3556 ten= 1q r 26 17 7." y,Fy, P71R 16 zi6`'a- 21 j28 15 rQ 'L 22 25 14 9 Rem 2 9 a LMP 354 36 13 3p MME ZT •� �q`� � 0 1 20 10 $� . 21 y 22 ti 23 a 24 s ,SS ° 25 a 4 6} A �9 27 57 a �Y,`� 28 16 M1 ~ � 3j 29 15 2 �ry tip^� 30 14 13 12 23687 4 5 6 7 $ D 1 23691 `s3 23697 I 23553 LARCH AVENUE 1.55 !.� r- _ CORPORATION OF 6 THE DISTRICT OF jg Q, MAPLE RIDGE PLANNING DEPARTMENT BY: PC CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO.6737 - 2010 A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 -1985 as amended. WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: 1. 2 3, This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6737 - 2010." That parcel or tract of land and premises known and described as: Parcel "C" (Reference Plan 1804 "A") of the North West Quarter of Section 28 Township 12 New Westminster District, Except: Part on Plan LMP35465 and outlined in heavy black line on Map No. 1484, a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned as shown. Maple Ridge Zoning Bylaw No. 3510 -1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the 25th day of May, A.D. 2010. PUBLIC HEARING held the day of , A.D. 20 . READ a second time the day of , A.D. 20 . READ a third time the day of , A.D. 20 . RECONSIDERED AND FINALLY ADOPTED, the day of PRESIDING MEMBER ,A.D. 20 . CORPORATE OFFICER 3 133 2 7 2 r33 a � r�r K 3 a ro S� 4 133�3 � 133D8 � ,_LMP 52i46 I I � 5 73305` I 133DI N 6 Iwo a 7 �E LARCHAVE 4 38 r8 P 24142 P 39 13245 %W 11 Z 1AA. 21 P 47603 13260 W P 37 2 a N 35 N P 47 30 31 32 33 IPP159 13227 N 22 A D_ 13215 34 ✓IAPLE RIDGE ZONE AMENDING y,10w 1\1o. 673 lop No. 148L rom, RS-3 (One Fnmily Ri_,r-1 P QIr-1ientinl) R-- 1 (Residential District; ® RST—SV (Street Townhouse — Silver Volley) ti B 25 t 7 �ry 26 � 6 •b 27 ryAti 5 2B fL° y, aJ 293 4 30 a 31 1 17 23087 f 32 23891 23697 33 ! 133 AVE. E3 rn r IL A 20 2'.4 N SCALE 1:2,500 o c R-1 MIN 371m2 LOTS AND RST-SV STREET TOWNHOUSE ZONES 110.35 o. r 10 29.7372m2 L380rn2 oN 31.0 3165 I 380m2 I 9 372m2 n� R N 1 O 29.7 380m2 N "I �I 16 0 31.Q 3165 38Om2 N I I 8 372m2 oN ° N 1 3 o f 29.7 380m2 m I 17 o 430rr2 '- N . 7 o N I 372m2 14 I 13.48 422m2 g4I N NO 1P1 8, 2 g i0 (O I 372rr2 m �° 23 31.8 �N ' 20 21 334m2 f 1 9 249m2 249m2 248 2 5 W 250m2 18 00 :2 607m2 337m2 h. r � 1 Y,'j � t7-7fi N IS a 330m2 ' ,� o 3 �Ln .- 24.66 316m2 r2 330m2 3 872 N 443m2 27.o 28 y' yo 270m2 0 25 26 -6 29 a 11 A 320m2 379m2 - 770 m2 488m2 a N 3 0 m 1 27.0 � Lo 310m2 i tO.D 1Q.L� O LARCH A E SUBDIVISION PLAN SEPT 16 2009 N W E 5 1: 750 t N o � 6Z 9"!l IF• nn +, Ob �V u u N LnE fA •— o Q y 1 i 5 i 7i Y — # J O � W r N U7 6741 i ii a al! _o D'Zl OZII OZ 18� S 1 .'^n 0'01 s! 1 (3 - m � l a + X CD _. .—P Z9. � •.� � O j y ` N c zl tea 0'Z: F'C! b•a ��i8 _ f II' LV 4 ,• ,f •� e°i' �'I rS�` CY6 its .5 3 a czi aZt ozs ezt t58 sv)�' ► + N O E ^^ �� E �� �. Lj or _<<; o> � , o o � �1 �• f 3 - viz 11 o p 1 h U o•zs _ _ 9FVZL O a U W= ow Lnen o W ¢ W z oW U z N o � 0 5 0 IN +tee J� Cal .Q ,- o J Q Z W (n U LLl cr cr J Z i •' � 6 INNI MAPLE RIQGE Bri[i5h C9lUmbiaDISTRICT OF MAPLE RIDGE TO: His Worship Mayor Ernie Daykin MEETING DATE: October 3, 2011 and Members of Council FILE NO: DVP/041/06 FROM: Chief Administrative Officer MEETING: Cow SUBJECT: Development Variance Permit 24221, 24281, 24361104 Avenue EXECUTIVE SUMMARY: A Development Variance Permit application has been received to reduce the rear yard setback for one family residential use from the required 8 metres to 6 metres on proposed lots 1-15. It is recommended that Developmment Variance Permit VP/041/06 be approved. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal DVP/041/06 respecting properties located at 24221 104 Avenue, 24281 104 Avenue and 24361 104 Avenue. DISCUSSION: a) Background Context Applicant: Damax Consulting Owner: Silver Valley Projects Ltd. Legal Description: Lot: 1, Section: 10, Township: 12, Plan: 10921 Lot: 11, Section: 10, Township: 12, Plan: 60927 Lot: 12, Section: 10, Township: 12, Plan: 60927 OCP: Existing: Conservation, Medium Density Residential Proposed: Conservation, Medium Density Residential Zoning: Existing: RS-3 (One Family Rural Residential) Proposed: R-1 (Residential District), RS-1(One Family Urban Residential) Surrounding Uses North: Use: Conservation Zone: RS-1b (One Family Urban (medium density) Residential) Designation Conservation South: Use: Single Family Residential Zone: RS-1b (One Family Urban (medium density) Residential), R-3 (Special Amenity Residential District) Designation: Medium Density Residential East: Use: Single Family Residential Zone: RS-3 (One Family Rural Residential) Designation: Conservation, Medium Density Residential West: Use: Single Family Residential Zone: RS-3 (One Family Rural Residential) Designation: Conservation, Medium Density Residential 1103 Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing: Previous Applications: Requested Variance: b) Project Description: Single Family Residential, Vacant Single Family Residential 5.025 HA (12.4 acres) 104th Avenue, new extension of 244th Street Full Urban RZ/041/06 To reduce rear yard setbacks on proposed lots 1-15 The entire subject property is approximately 5 hectares in size; however, the actual development area covered under this application is approximately 1.94 hectares (4.7 acres) in size. The new residential lots proposed are located at the center parcel abutting 104th Avenue, while accommodating the two existing dwellings on the subject properties; one located on the west property line of the site and the other just east of the newly proposed lots for approximately 36 total lots. There is also an existing lean-to at the approximate center of the subject site on proposed conservation land that will be removed prior to subdivision. The applicant proposes a reduction in the rear yard setback for one family residential use from the required 8 metres to 6 metres. c) Planning Analysis: The reduced setback variance is required to provide a better building envelope for these lots. The variance is supportable because proposed lots 1-15 back onto parkland and so will not have a negative impact on neighbouring properties. d) Alternatives: If the variance is not supported the applicant will be required to comply with the required 8 metre rear yard setback on all proposed lots. CONCLUSION: It is recommended that this application be favourably considered and the Corporate Officer be authorized to sign and seal DVP/041/06. Prepared by. Sarah Atkinson Planr*ng Technician ppro►+ed_by. t J�Ierin­g'h9-CP, MCIP L Approved by Frank Quinn, MBA, P. g { PubWWork Dew pment Services Concurrence. J.IJ (Jim) Role CAW Administrative Officer The following app?fidices are attached hereto: Appendix A - Subject Map Appendix B - Site Plan 2- PARK 138 142 Oyay Qs °h�6 160 �^ BCP8153 APPENDIX A a o-N 137 g�5 143 �p529 �;° 158 '° 155 3 99 100P 2as15 108 q a y 10yy2 144 �o�y 159 PP�� g154 61 tOspS 126 � 145 oy � �8 0507 102 109 y °y by yag 110 Y 146 o6 � P�2 0 153 P 122 � 127 121 O e103 ^y �1471Oyyy 112 NIP �0 152 ra 120 128 129 O 104 oyae . Ad8 �sM1 �p5' 113 148 N a 151 @ 150 SA y98 6G 118 119 'zy 'g h mh �M� �,a° s 0' 105,°hh� � � 114 149 ,16 117 0 $ 130 a osnvt. 106 Zh oh 115 oy r o a131 m 1oh 107 POE BAKER o 136 L7a 135 134 133 132 A 59 PARK P 66 A j I P21 P 60927 0927 P 31591 SUBJECT PROPERTIES 14 15 11 12 10 N n m m o G N N N N N 1 2 3 7 8 9 10 11 w m 2 21 20 19 18 17 16 15 14 13 12 (yy o o a N N N N N N N N N N 103 AAVE. 39 a n N 26 27 28 29 30 31 32 33 34 24 25 BCP 35192 P 41519 PARK District of Vwf Pitt Meadows is yHeno NDistrict of Langley SCALE 1:2,500 7 104 AVE. a w a N > 10390 N M e o a a 1 m a v v N " � � N 35 N 36N 37 38 gg d0 Rem. mT 2 3 d 5 41 BC 1 9 BCP 93 g 10 11 12 13 iA 15 23 22 a37e 6 8 c �n K M o, 21 1 7 7 °�'sg N N N N N o36s 0a5a 8 E 133' B 03SS 103 A AVE. 10350 9 6 29 28 17 20 19342 10 a 10349 10352 10347 0350 10141y 11 w3as 30 27 18 19 a 1m32 0_ 10348 10343 0346 N 12 14� 31 26 19 F17 1w2s 10342 12 < T M33 10338 2 C 1�S N 03340 031a 13 a 2 33 a 24 21 0_ 16 10302 C] 10327 50330 L] 1 325 0328 10313 14 1 34 w 23 0322 15 10321 10324 m 10319 10305 g 1 d �10303 103 AVE. 103 AVE. r-- —f L I I 24221, 24281 & 24361 104 AVENUE i� �Y� I CORPORATION OF THE DISTRICT OF T MAPLE RIDGE r A PLANNING DEPARTMENT DATE: Apr 18, 2008 FILE: VP/041/06 BY: PC River i APPENDIX B JI Cl 40 i District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: SUBJECT: Development Variance Permit 14205 256 Street EXECUTIVE SUMMARY: October 3, 2011 2011-072-DVP Cow A Development Variance Permit application has been received in support of a Building Permit application for a Field Operations Facility for BC Hydro on the above noted property. The applicant has a variance for the maximum height of 3 retaining walls that are required to meet the post - disaster requirements of the Building Code. The variance is supported by the Planning, Engineering and Building Departments. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal 2011-072-DVP respecting property located at 14205 256 Street. U]l,Yfl�b�9[�LA a) Background Context Applicant: Omicron Canada Inc Owner: BC Hydro & Power Authority Legal Description: Lot 7, D.L. 5326, GP 1, NWD Plan LMP41830 OCP: Existing: Industrial Proposed: Industrial Zoning: Existing: M-2 (General Industrial) Proposed: M-2 (General Industrial) Surrounding Uses North: Use: Industrial use and Frodo Creek Zone: M-2 (General Industrial) Designation Industrial South: Use: Mud Creek and Industrial use south of the creek Zone: M-2 (General Industrial) Designation: Industrial 1104 East: Use: Industrial land and Mud Creek Zone: M-2 (General Industrial) Designation: Industrial West: Use: Vacant Zone: A-2 (Upland Agricultural) Designation: Rural Resource Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing: Companion Applications: Requested Variance: Vacant Industrial 3.153 ha (7.8 ac) 256 Street Rural industrial 2011-072-DP (WPDP) • Zoning Bylaw No. 3510 - 1985 Part 4, Section 403 (8) Maximum Retaining Wall Height: to vary the maximum permitted retaining wall height from 1.2m to 3.3m. b) Project Description: The owner, BC Hydro, is proposing to construct a Field Operations Facility on this site which has a very limited developable area. The site is surrounded by watercourses and slopes adjacent to the south, northwest and west property boundaries and a watercourse across the street frontage at 256 Street. The environmental setback requirements on the site reduce the buildable area of the site significantly. In addition, the site was excavated by the previous owner and then filled with material that the geotechnical engineer has determined to be unsuitable for construction. The Building Code requirements are that the building cannot be constructed on piles and must be constructed on material that provides adequate load bearing under both static and earthquake conditions. Allowing the additional retaining wall height will help to mitigate the need for extensive fill on the site to meet the slope stability requirements. c) Planning Analysis: Zoning Bylaw No. 3510-1985 limits the height of retaining walls to 1.2 metres; however, applicant is proposing to construct 3 retaining walls located on the north, east and northwest of the buildable area that will vary in height to a maximum of 3.3m in some sections, as recommended by the geotechnical engineer. d) Citizen Implications: The exposed face of the wall will be internal to the development site and will not be visible from the street. The entire street frontage, except for the driveway, is protected by a habitat protection covenant and the existing vegetation will screen any views of the building and retaining walls from the street. e) Interdepartmental Implications: The Building Department has been working with the Geotechnical Engineer regarding the recommendations contained in his report. The proposed retaining walls were identified to help meet -2- the post -disaster requirements of the Building Code for slope stability. The Building Department supports the height variance. The Engineering Department has determined there would be no impact on the operation of any municipal services or roads, and has no objection to the requested variance. f) Alternatives: If the additional retaining wall height is not permitted then other development options would have to be considered. The lot is already constrained by the environmental protection requirements and the cost to reinstate suitable material would be excessive. A smaller building would not meet the needs for BC Hydro's facility. CONCLUSIONS: It is recommended that this application be favourably considered and the Corporate Officer be authorized to sign and seal Variance Permit 2011-072-VP. Prepared by. Ann Edwards, CPT Senior Planning Technician Appra ed b - Jane eri OP, MCIP Direc of PI nning Approved by Frank Quinn, MBA, P. Gljll- Nibli rks I Concurrence: JYJ(im) Rule f Administrative Officer AE / ment Services The following appendices are attached hereto: Appendix A - Subject Map Appendix B - Site Plan Appendix C - Retaining Wall locations Appendix D - Building Elevation Plan sm - - - APPENDIX A i LMP 411 s BCS 3387 1 t310 i 14301 v1 LMP 41830 5 8 14245 14251) LMP 41830 LMP 41830 7 1420, Subject Property 4 LMP 41830 i 1 4180 BCP 10029 A 141 60 9�> 0 LMP 41830 2 LMP 41830 3 14L114140 1 LMP 41830 1 :; > Ci f Pitt Mea ows .; 1f 14205-256 St -i of CORPORATION OF _-- __ ' _ THE DISTRICT OF MAPLE RIDGE N __ District of I _I � � Langley lr{ J PLANNING DEPARTMENT SCALE 1:2,500 - ` - DATE: Sep 21, 2011 2011-072-VP BY: JV ERASER R. L sO� OI w a BI � I� Gf '�CICGDI=.i Ja'3�dIY 31dVW'133M15 Vi95250it[ v 4 � i AilllDVA SNOIldd3dO - 41313 39ald 31dVVVIM W 9 E i� il! YE i6 7 3 AG G 3 APPENDIX B ! vi FI�I ttr�>Rta>sc } 6 � a�ntt� �ttaaa I- d Min W W' kil]IDVJ SNO1iVN3dO 41313 39(11d 3]dVVV APPENDIX D w 0 u -j ., District of Maple Ridge Deep Roots Greater Height TO: His Worship Mayor Ernie Daykin MEETING DATE: and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: SUBJECT: Development Permit and Development Variance Permit 12075 Edge Street EXECUTIVE SUMMARY: October 3, 2011 DP/DVP/116/07 CofW The applicant proposes construction of a four -storey, wood -frame, 77 unit residential apartment building. The current proposal requires variances to Zoning Bylaw 3510-1985. This application is subject to the Town Centre Development Permit Guidelines as outlined in the 2006 Official Community Plan. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal DVP/116/07 respecting property located at 12075 Edge Street and further; That the Corporate Officer be authorized to sign and seal DP/116/07. DISCUSSION: a) Background Context: Applicant: Maclean Homes Brown Road Ltd Graham Maclean Owner: Upland Project Designs Inc Legal Description: Lot: A, Section: 20, Township: 12, Plan: BCP48855 OCP: Existing: Low Rise Apartment Proposed: Low Rise Apartment Zoning: Existing: RS-1 (One Family Urban Residential) Proposed: RM-2 (Medium Density Apartment Residential) Surrounding Uses North: Use: Single Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Medium and High-rise Apartment South: Use: Commercial Zone: C-3 (Town Centre Commercial) Designation: Town Centre Commercial 1105 East: Use: Two -Family Residential Zone: RT-1(Two Family urban Residential) Designation: Medium and High-rise Apartment West: Use: Zone: Designation Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing: Companion Applications: b) Project Description: Vacant, Single Family Residential, Multi -Family Residential RS-1 (One Family Urban Residential), RM-2 (Medium Density Apartment Residential) Medium and High-rise Apartment Vacant Multi -Family Residential 3504 m2 (0.87 acre) Vehicular access from rear lane, main pedestrian access from corner of Edge Street and Brown Avenue Full Urban RZ/078/09 The site has two street frontages, Edge Street and Brown Avenue with a lane located at the rear (north) of the site. The current application proposes construction of a four storey apartment building containing 77 units. The site is located within the Town Centre Incentive Area. The apartment units range in size and include a mix of studio, one and two bedroom units, with and without dens. The building is a four storey wood frame apartment structure over a one storey concrete basement parking level. An access ramp to the underground resident parking is located at the west side of the building off the lane. The proposed materials for the building are cultured stone at the base of the building with earth tone Hardie Plank siding with timber and cedar shingles as accent materials. This project takes advantage of the lot by featuring a prominent entrance at the corner of Edge Street and Brown Avenue with the rest of the building facing Brown Avenue. The proponent opted to have the highest turret as the feature element at the entranceway to emphasize the corner with a canopy covering the entrance along with lower turrets and balconies along the road frontage. The developer proposes the following variances to Zoning Bylaw 3510-1985; REQUESTED VARIANCES: Front Yard Setback, Exterior Side Yard Setback, Parking Stalls. In an attempt to create a more engaged street frontage and increase the amount of usable open space on the north side of the property, the building is sited slightly southeast on the lot facing Brown Avenue and Edge Street. The development meets the 7.5m rear yard setback to the east and exceeds the 7.5m side yard setback to the north. -2- • Required Front yard (Edge Street) setback - 7.5m o Proposed Front yard setbacks: Corner turret (furthest projection point) - 1.7 m Principal Building face - 4.03 m Roof overhang - 3.12 m • Required Exterior Side (Brown Avenue) setback - 7.5 m o Proposed Side yard setbacks: Corner turret (furthest projection point) - 1.6 m Principal Building face - 5.9 m Roof overhang - 4.7 m Balcony Columns - 3.86 m c) Planning Analysis: The Low -Rise Apartment use is intended for development in a three to five storey apartment form where units are accessed from an internal corridor and residential parking is provided underground. This project meets this criteria as it is four stories in form, units are accessed from an internal corridor on each floor and parking is provided for underground. DEVELOPMENT PERMIT AREA: A North View Town Centre Development Permit is required for all new developments in the area designated Town Centre. The purpose of the Town Centre Development Permit is to foster building design that has a strong urban form, reflective of Maple Ridge's heritage characteristics. The Key Guideline Concepts are as follows: • Promote north and south view as distinctive, highly liveable multi -family neighbourhoods The proposal will provide density to the north view precinct and assist in the creation of a liveable multi -family neighbourhood • Create a pedestrian friendly, ground oriented, multifamily community The proposal is for a ground oriented multi family building designed to promote a pedestrian scale along the street • Maintain cohesive building styles The landscaping and street frontage is designed to be consistent with a proposed development across the road -3- • Capitalize on important views Views are limited from the subject property • Provide private and semi -private green space The development proposes private garden space areas for the residents and landscape along the property line for enhanced streetscape • Provide climate appropriate landscaping and green features The landscaping has taken account of the local flora and has provided climate appropriate plantings • Maintain street interconnectivity Street connectivity is to be maintained d) Advisory Design Panel: On March 11, 2008 the Advisory Design Panel resolved that the current application be supported and a number of minor concerns be addressed. The applicant has now addressed all of ADP's concerns. e) Financial Implications: In accordance with Council's Landscape Security Policy, a refundable security equivalent to 100% of the estimated landscape cost will be provided to ensure satisfactory provision of landscaping in accordance with the terms and conditions of the Development Permit. Based on an estimated landscape cost the security will be $94,042.00 The number of street trees to be installed has not been determined at this stage. The costs associated with maintaining these trees will need to be included in a subsequent operating budget. f) Alternatives: Under Section 919.1(d) of the Local Government Act and Section 8.11 of the Official Community Plan the property has been designated a Development Permit Area with special requirements for Town Centre development. Council approval is required for all development in the Town Centre Development Permit Area prior to a Building Permit being issued. Council can reject the DP on the grounds that they feel the Development Permit Guidelines have not been met. The proposed variances are required in order to proceed with the current development. If Council does not support the variances the applicant must redesign the building. -4- CONCLUSION: As the development proposal complies with the Town Centre Development Permit Area guidelines of the Official Community Plan for form and character and the variances requested are supportable, it is recommended that both DP/116/07 and DVP/116/07 be given favourable consideration. by: Sarah Atkinson Planning Technician f AP? rove . J%n,0'Nckej%0,WP, MCIP Djrb&4wof Pinning Approved t�'y: Frank Quinn, MBA, P.Eng v GM: Public Works & Dev6lapnM*nt Services Concurrence: J. L. Jimj Rule Ch` f Administrative Officer SA/dp The following appendices are attached hereto: Appendix A - Subject Map Appendix B - Site Plan Appendix C - Building Elevations Appendix D - Landscape Plans -5- APPENDIX A E P 61324 I r J � 2063/65 U B �' P 34533 < u- I E 1/2 11 P 7875 6 1 P 1875 7 0, 8 121 AVE. a LO N N A LMP 44378 12080 P 8679 2064 In 15 9 a d m Rem. 302 12129 9 0 >> 10 N > � o � N 17 "I f P 6 SUBJECT PROPERTY r l BCP 48 55 j A 12075 I r� BROWN AVE. ~ w RP 79869 w P1 N N 2080 (0 r- Ln LO N 10 r 11 L N12Ln O N a_ P 841 P 13081 9 8 7 6 12060LO r- /62 N LO C N N r LO CO � 00 LO LO LO O N N N � N N 4 5 6 L 2038 P T081 (P91 *LMI P 45004 co 1200�3 12018 LMP 19460 � COc� P rn 303 A r P 44882 LO N *PP094 N DEWDNEY TRUNK ROAD Cit f Pitt -1 Mea aws 12075 EDGE STREET co CORPORATION OF THE DISTRICT OF 1' MAPLE RIDGE N District of Langley �1 PLANNING DEPARTMENT SCALE 1:1,500' -- - - s -L �}0 FRADATE: Sep 19, 2011 FILE: VP/116/07 BY: PC SEA R. APPENDIX B APPENDIX C lien �d �Ic�and; all I l7�1 L�:YII�7:fry;';srlyll: =AF rj-II"�■1 Ill�,t, ■ ■ate r — ir�. - �P nnic. i:— 7vr ice- xlwlt J�•"�`irrr 1�1 JJ_ sal �1 ■1 �1 - I! `Ins: uanim icnuu f■f�l� III 9e1 i1■1 I ill��i 1 • I��l a i iiiK: 1...IW.• MOO I,1■1 OAI �1� Iri 5r1 �I T � !•� �I h ill li�lllal aai� 1�1 I f•�1,;, 7g1,[II�il1 ;IIl�i it I�a•�; Nll�lll rni iili l +l .. l .1; �I m■Izl+■hI -.Iliw l 1�1I�IIllltlll . aininnun; l,l li ;III�1 III=1 Aillllm m�'�+mimmni': IA I .1;—III itt=1 mr,� �R 1�1I �� PIII •��EI laal pal ice[ 11i7�1 o� �II�I�uI11M��IIOrIWj �M�' II - C-4 � / (. �k \§ � % 0 . w I I : NOU V317ddY dG L WZ '9 AVW (� ( \ \( _ }— - — - — -- — - — ��} �" - — - I TO N District of Maple Ridge Deep Roots Greater Heights TO: His Worship Mayor Ernie Daykin MEETING DATE: October 3, 2011 and Members of Council FILE NO: 2011-052-SD FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Local Area Service Bylaw No. 6860-2011 Hampstead Enhanced Landscape Maintenance 13465-13579 229 Loop, 13555-13575 23OA Street, 23020 -135B Ave. EXECUTIVE SUMMARY: The first phase of a 73 lot Eco-Cluster development (Hampstead) by Portrait Homes has recently been approved for R-1 (Residential District), R-3 (Special Amenity Residential District) and RST (Street Townhouse Residential) lots located southwest of the Blaney Hamlet in the Silver Valley Area. Portrait Homes Hampstead Ltd as owner of all the lots has made a formal petition (Appendix "E"), as per Community Charter, Part 7, Division 5, 211 (1)(a), requesting the District provide a Local Area Service Bylaw specific to those properties to be created by the subdivision. The service is for enhanced landscape maintenance of 3 Parkettes located within the road right-of-ways, a pedestrian trail through park land that connects 2 of the Parkettes, and the road frontages of park lands within the development. The bylaw would require the future property owners of the 73 lots to pay an annual fee as a Local Service Tax for enhanced landscape maintenance areas within the development. RECOMMENDATIONS: That a Local Area Service, as formally petitioned by the property owners of 23000 and 23024 136 Avenue, and as per Community Charter, Part 7, Division 5, 211 (1)(a), be authorized for the enhanced landscape maintenance costs to be levied on the benefitting properties to be created by subdivision of the land; and further That Hampstead Local Area Service Bylaw No. 6860-2011 be given First, Second and Third Readings. DISCUSSION: a) Background Context: This development site is located southwest of the Blaney Hamlet and is designated Eco-Cluster with 67 single family lots and 6 street townhouse units proposed. Within the development, two looped roads are proposed and all units will front onto "Parkettes" and back onto dedicated Park. Parkettes are incorporated into the development plan as the focal point of each Eco-Cluster and they are generally located as a naturalized green space within the road allowance. Roads within 1106 Eco-Clusters are designated as Rural Local Roads in the Silver Valley Area Plan. The road width and on -street parking requirements for this site were carefully considered to meet the site specific conditions, the Silver Valley Area Plan road standards, and the Engineering Department and Fire Department requirements. Development Variance Permit 2011-052-VP was approved by Council on July 26, 2011 for reduced road right-of-way and carriageway widths. The subdivision plan for the first phase of this development was approved in August 2011 for lots 1- 40, and the subdivision application for the second phase is currently being reviewed by the Planning Department (2011-105-SD). The owner of the adjacent property to the east (23050 136 Avenue) has also submitted a subdivision application (2011-106-SD). That property was rezoned with this development (RZ/093/06) and the subdivision has been designed to align with this development and will result in the completion of the Parkettes. A Local Area Service Bylaw will be required for that property with the approval of the subdivision. An Eco-Cluster is defined in the Silver Valley Area Plan as "a group of housing units, condensed within clearly defined limits, surrounded by open space and linked to other parts of the Silver Valley community by a single local road" and includes the following principles: • Condensing housing clusters within clearly defined limits; • Considering a variety of lot sizes and housing types within the overall site density; • Proposing minimal site re -grading; • Incorporating "Parkettes", which serve as green frontage for most units; • Maximizing retention of existing vegetation; • Limiting development to areas where existing grades are less than 20%; • Natural open spaces are connected and continuous, creating wildlife corridors; • Protecting environmentally sensitive areas through public ownership; • Retaining and enhancing unique natural features, such as rocky knolls; • Providing a variety of trails that ensure linkages and connections to surrounding amenities. b) Desired Outcome: The property owners for this development have expressed a desire to establish a Local Area Service for the enhanced landscape areas of the 3 Parkettes located within the road right-of-ways, a pedestrian trail through park land that connects 2 of the Parkettes, and the road frontages of park lands within the development for the 73 benefitting lots that will result from the subdivision. They have made a formal petition, as per Community Charter, Part 7, Division 5, 211 (1)(a), requesting the District provide a Local Area Service Bylaw, specific to those properties to be created by the subdivision. The developer of the site will be responsible for the enhanced landscaped areas installation and maintenance costs, ensuring 100% survival, for the first year after completion of planting. The costs for ongoing maintenance in subsequent years will then be provided by the 73 property owners after subdivision. The cost recovery method would be the collection of 100% of the enhanced landscaping maintenance costs as a Local Service Tax. -2- c) Hampstead Enhanced Landscape Area Requirements: The enhanced landscape maintenance areas include 3 Parkettes located within the road right-of- ways, a pedestrian trail through park land that connects 2 of the Parkettes, and the road frontages of park lands within the development. These areas are identified on the Bylaw Map. The planting concept for the Parkettes is for enhanced natural areas that will be planted with a variety of native trees and shrubs to supplement the existing trees that will be retained within the Parkettes. Post and rail fencing will surround the Parkettes with signs posted to identify the areas as "Environmentally Sensitive" areas. The planting plans for the Enhanced Landscape Planting areas were prepared by Phoenix Environmental Services Ltd and are attached as Appendix "C". The recommended procedures and frequencies for maintenance are Level 3 - Moderate of the BC Landscape Standard. This standard is for a generally neat, moderately groomed appearance, with some tolerance for the effects of `wear and tear', moderate traffic and naturalization processes. The standard includes regular mowing and care of the lawn areas, control of invasive species, pruning, and fertilizing, as required for the planted areas. Phoenix Environmental has provided an estimate for the yearly maintenance of $13,600.00 per year for the first four years and then $7,000.00 per year after that, attached as Appendix "D". It is anticipated that the maintenance costs could be reduced over time as the planted areas naturalize and mature. Therefore, the maintenance costs should be reviewed every year. d) Citizen/Customer Implications: The estimated cost of the petitioned service will be $186.00 for the first four years and then $96.00 after that for each residential lot of the 73 lots in the Hampstead Local Area Service. The Local Area Service bylaw will establish an Annual Charge based on a per lot basis for the 73 lots within the benefitting area. It is anticipated that this charge will start in 2014, after the completion of the one year maintenance period required from the developer. e) Interdepartmental Implications: Operations Department: The enhanced landscaping maintenance requirements for the Parkette areas in this development are in excess of the funded base level of maintenance provided throughout Maple Ridge, and therefore would be unfunded by the District. Costs for maintenance of enhanced landscaping existing in other areas of Silver Valley have been monitored by the Operations Department over time and a Local Area Service Bylaw is being proposed by Operations for ongoing maintenance of those areas. Local Area Service bylaws have already been established in several other areas in the District, including Maple Crest, the Kanaka Business Park, and, most recently, the Formosa Plateau development to the northwest of this development. Finance Department: The Property Tax section of the Finance Department will impose the cost of this service as a levy and place the notation on the tax roll of the benefitting property owners, anticipated to be in 2014. -3- CONCLUSION: It is recommended that the formal petition by the property owners for a Local Area Service be authorized by Council for the enhanced landscape maintenance costs to be levied on the benefitting properties to be created by subdivision of the land; and that First, Second and Third Readings be given to Hampstead Local Area Service Bylaw No. 6860-2011. Preps ed by: Ann Edwards, CPT Senior Rjannirjg Technician e Pi Dinar toafP,Wnni Approved by: Ftank Quinn, MBA, P. g M: P lic W s e opment Services )�� Concurrence: J. L. (Ji ) Rule " Chief Zrninistrative Officer The following appendices are attached hereto: Appendix A - Subject Map Appendix B - Local Area Service Bylaw 6860 - 2011 Appendix C - Landscape Plans for Enhanced Planting areas Appendix D - Cost estimate for yearly maintenance prepared by Phoenix Environmental Appendix E - Petition for LAS -4- .6Loop CORPORATION OF DISTRICT• a ti.THE MAPLE RIDGE PLANNING DEPARTMENT • • r �'.11l? �' SCALE 1:2,500 �� -' t t APPENDIX B it the Reece CORPORATION OF THE DISTRICT OF MAPLE RIDGE LOCAL AREA SERVICE BYLAW NO. 6860-2011 A Bylaw to authorize a municipal service to maintain enhanced landscape areas; to define -the benefitting lands; and to establish that the cost of the municipal service shall be borne by the owners of real property within such defined area. WHEREAS, Council has been petitioned to provide a municipal service pursuant to Division 5, Section 210 of the Community Charter S.B.C. 2003, c.26 (the "Community Charter"); AND WHEREAS the Municipal Clerk has certified that the petition received for the municipal services does constitute a sufficient and valid petition; AND WHEREAS it is deemed expedient to proceed with the works; AND WHEREAS the "Maple Ridge Local Area Service Policy", as amended, provides that the cost of providing a municipal service shall be recoverable from each of the existing parcels of land and all future lots created by subdivision of the parcels, specifically: Lots 1 to 40 Township 12 New Westminster District Plan that will benefit from the service. NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited as "Hampstead" Local Area Service Bylaw No. 6860-2011". 2. The contents of Schedules ""A", "B" and "C" attached hereto are hereby declared to be made an integral part of this Bylaw. 3. The Local Area Service of the District for the benefit of which the enhanced landscape areas are to be maintained as a municipal service are defined as the hatched areas on the attached Schedule "A". 4. The recommended procedures and frequencies for maintenance and Annual Charges are described on the attached Schedule "B". 5. The Enhanced Landscape area planting plans: "Landscape Plan: Parkettes", drawing 2 of 3, revised 31/8/11, by Phoenix Environmental Services Ltd and revised 8/31/11; Development Maintenance Estimate by Phoenix Environmental Services Ltd, dated September 2, 2011; and "Biofiltration/Detention and `Temp' Sediment Control Ponds and Details", drawing 18 of 26, revised 01.04.11, by Damax Consultants are attached as Schedule "C". 6. This bylaw shall take effect as of the date of adoption hereof. READ a first time the day of , A.D. 20 . READ a second time the day of , A.D. 20 . READ a third time the day of , A.D. 20 . RECONSIDERED AND FINALLY ADOPTED, the PRESIDING MEMBER day of ,A.D. 20 . CORPORATE OFFICER N NN T877 F278135" 76N 75 74 7372 80 79 f-P 97AP7 9 PARK 13 12 11 10 14 1 9 15 7 2 PARK 16 6 3 17 5 No 4 10 18 0 ,g5 40 q 19 41p 39 m 20 10 38 42 21 10 0 37 43 22 P 14756 1 36 44 23 4 5 35 24 34 46 2 25 33 47 26 32 48 4.303 ha. 49 27 31 30 PARK 28 29 PARK sn t61 73 7271 70 g7 68 69 P 5116 REM 2 1.992 ha. 17 0.809 ha. 136 AVENUE o N Il N P 43 I I 18 I 0.809 ha. P 4.2567 LMP 9042 MAPLE RIDGE LOCAL AREA SERVICE BYLAW Bylaw No. 6860-2011 Enhanced Landscape Areas 0 Original Lot Boundary Schedule "A" 3.51 ha N SCALE 1:2,500 CORPORATION OF THE DISTRICT OF MAPLE RIDGE LOCAL AREA SERVICE BYLAW NO. 6860 - 2011 SCHEDULE "B" I:yF�e ATI STIN The establishment, maintenance and replacement of Parkette areas, pedestrian trail and grass boulevards for the areas indicated by bold outline on Schedule "A" are to be maintained as per the recommended procedures and frequencies for maintenance "Level 3 - Moderate" of the BC Landscape Standard. (BC Society of Landscape Architects and BC Landscape & Nursery Association). After approximately 4 years, the establishment, maintenance and replacement of Parkette areas as indicated by bold outline on Schedule "A" can be maintained as per the recommended procedures and frequencies for maintenance "Level 5 - Background & Natural Areas" of the BC Landscape Standard, when the Parkette areas are well established and naturalized. The grass boulevards and pedestrian trail are to continue to be maintained at "Level 3 - Moderate". (BC Society of Landscape Architects and BC Landscape & Nursery Association). Annual Charge: The Annual Charge is based on a per lot basis for each of the 73 lots created by the subdivision of: Lots 1 to 40 Section 29 Township 12 New Westminster District Plan of $186.00 starting in 2014 for 4 years, and reduced to $96.00 after 4 years. The charges established under this Bylaw shall be specifically charged against the parcels benefitting from the work, payable by a per lot basis levied year by year. The Annual Charge Adjustment: The annual charge will be reviewed each year by the Operations Department, and adjusted accordingly to reflect any change in maintenance requirements or costs, and to reflect any increase in the Consumer Price Index (CPI) for Vancouver, BC for the immediately preceding year commencing with 2015, as provided by Statistics Canada. J __ — � •.\ ♦��—fin � / B u � E 6 LLJ _ r5 •, "'� .. �: :F a .� = e p p a �� I 1• T: r � S€ B yF a mE vmB & _ — �, Sao - ,, �•'w o �� � �%� zme - � _� � � LL Bali n1i LL J O - E� p a- LLJ $�'� -..� ..t3lA._•r' + %pia. f iriv€m-% Wp Q IN �y �� � a� _ M� • , -� Hew ..r x N 11 I •l am �R�c ••N ! 3III �i� gga. � Igo .--. ., � -' a —_ _ m a , -- _ -• - ro `• F.:+`. •a rt� w ..31, j IN a m' gae n ^ 2 S c E BmEB _ a o 7, Y 1 LJPHOENIX ENVIRONMENTAL SERVICES LTD. 103 —1600 WEST 6" AVE. VANCOUVER, B.C. V6J 1R3 604-689-3888 FAX 689-3880 September 2, 2011 Ann Edwards Senior Planning Technician/File Manager District of Maple Ridge VIA EMAIL Re: Portrait Homes `Hampstead' Development Maintenance Estimate The attached landscape maintenance schedules and estimates are being provided for your review and use in applying the Local Area Service Bylaw No. 6769-20210. 1) Estimate and Scheduling for Parkettes and Ponds Years 2-5, 2) Estimate and Scheduling for Parkettes and Ponds Years 6+ The attached maintenance schedules and cost estimates are based on the BC Landscape Standards for "Level 3 — Moderate" maintenance, which is recommended for areas that require a neat, moderately groomed appearance, but allows for natural processes and some "wear and tear". It is expected that much of the area covered by this estimate will only require this level of maintenance for approximately 5 years. Following the initial establishment and growth period, it is expected that maintenance levels can likely be dropped to "Level 5 — Background & Natural Areas", with the exception of the grass boulevards, and edges along the roads and pathways. Maintenance needs should be re-evaluated at the 5 year mark to verify that the appropriate maintenance level is being achieved and to determine whether the maintenance level can be dropped, as suggested. Please contact me if you have require any additional information or clarification. Sincerely, Phoenix Environmental Services, Ltd. Mega ' urnock, M.Sc., MLA Project Biologist/Landscape Designer Ai SMV=TD. page 1 Q J U c w W � z v � O � � V a� C W cv v o 0 0 0 0 0 0 00 N N W loll %OV VF J y} O O C. Arl O O N V. O O O s)? O O i0 VI. 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O N m .� m N d a- m 111 � � m 7 M L v > 3 m cu `0 m °u° a N m L o Q m V oo u N O m C C L i O E W m m X L — H m O N O O 0 = Q 0.m C E o v es C- w ¢ j m u u Y m •- C C v 0 a a m 00 3 m E N � Y N w C> 3 7 0 Tr v 3 a= m y u m o c ¢ m wm O v 0 � c m C U = OD — �C c o0 0 co G 1 LL 2 0 0 0 0 0 0 0 0 r 0 o e 0 coo 0 NN 0 o^ 0 C I.. in t6 iA Ln O O O O O ❑ O O of Cl O 11 O N O O ^ ri J Q H HT N +h i!} 0 y} N oo ti rl O O m E C C O m O N N 7 E w u O `1 O LnO m A N L Q ❑ V m L 0 O `0 D N m H .o v Y c -o a v 3 o a m m E ° m u aj m c m fl ami > 0 t om`o pp a) L O a o c m C y V Y 3 C O C c> m m uo n L m = L C O 7+ m � E n E ti m `t d Lio ❑ L a N m o a c m Or > - m N L L > (y N Y LaJ Q> m m m > E o E u u. c a r Z vi 9 w C 0 F- O O y c w m d m o E o a ) C aCi G o0 m w e to 04 c c c t m vti c� m 1= 0 2 a In a WPHOENIX r ENVIRONMENTAL SERVICES LTD September 2, 2011 Ann Edwards APPENDIX D o f At Re frf- 103 -1600 WEST 6"AVE. VANCOUVER, B.C. V6J 1R3 604-689-3888 FAX 689-3880 Senior Planning Technician/File Manager District of Maple Ridge VIA EMAIL Re: Portrait Homes `Hampstead' Development Maintenance Estimate The attached landscape maintenance schedules and estimates are being provided for your review and use in applying the Local Area Service Bylaw No. 6769-20210. 1) Estimate and Scheduling for Parkettes and Ponds Years 2-5, 2) Estimate and Scheduling for Parkettes and Ponds Years 6+ The attached maintenance schedules and cost estimates are based on the BC Landscape Standards for "Level 3 — Moderate" maintenance, which is recommended for areas that require a neat, moderately groomed appearance, but allows for natural processes and some "wear and tear". It is expected that much of the area covered by this estimate will only require this level of maintenance for approximately 5 years. Following the initial establishment and growth period, it is expected that maintenance levels can likely be dropped to "Level 5 — Background & Natural Areas", with the exception of the grass boulevards, and edges along the roads and pathways. Maintenance needs should be re-evaluated at the 5 year mark to verify that the appropriate maintenance level is being achieved and to determine whether the maintenance level can be dropped, as suggested. Please contact me if you have require any additional information or clarification. Sincerely, Phoenix Environmental Services, Ltd. Megan-turnock, M.Sc., MLA Project Biologist/Landscape Designer VKESL3D. page 1 3 R 0 H O u C 00 0 0 00 0 0 C N N W In V., V! iA to O O O O 0 O O O -1 N N Ln V� ll� ll� O N ti m ri v w O O p Ln d � m L 7 M v > 3 a w `0EL v V Ol 0 m L p OJ u W y O A o .3 C C r4 L ^ O C N lL L 00 v — OJ p m O O _ cL N C E v p" a,n N o s uV C, m u ° c Q c 0 N 3 0 C m o_— E N > I,f0 f0 4- C —° o v a> V c O N p O o CLa o iv wtw O v a C U ,N W L ou p c G C 1 W 0 0 0 0 0 0 O O o 0 0 d o Ln 0 c 0 0 i!'F iM1 lf} AA Sn O O O O 0 0 O O O O14 O ❑ O N Lm yr Ln cn to Ln .n in. ❑ dV to vs 00 N 00 N ❑ o 0) o C N 6 O > o d N L m N N 6 0 al U L� 3 Y m £ N O 7 c c`o w o L 3 >• Z H m Ol >, 3 Y Er-,Y aj O) On _ OJ L a C 0) C N m 7 a C L c 7 O E u L 3 C C C L L o w . 10 a O a c Q L '' o N L a)C v 3 L a)E O) bo OJ a+ > > 7 C L a y i v o ar is C N- c „❑, O U Ia O aL y O1 N Y y 9 7 p 3 m v j y a, v o`o o -o as c m H .0 v>> v v 7 n a y °❑ Y m 'S o v o O u O O- L 0 0 E H m m ° M Y au C a w= OJ 7 E OJ E c> 'o oa . cm 3 o ar u a O vi o Ol a -6 01 C j V Y C m m O3 a0i v a01i v E o 7 y z ° H -p 'n ¢ m ❑ c i ,a > o E E ; v o d Ia p� z _ v o AD lu j > c0 OS L 7 t0 7 C CO O_ 0. 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O O q O pO O m O In O 11 O N O i.. �i J Q F- vi. %a in Or rl N r1 00 .i O -i O 0 `0 E c C v o 0 O m o Q w o E Ln H C Lo O H N 00 Q O u m L O 0O a C N 3 'm '6 O. 7 O E 'O E ❑ m L C W H O v O `m a T � O c to C C N fl• to N 'O A C 0 a m O O C a o W o c c > m m a`o a O N a C v) C L m C •l C O L > a+ C) Y . E 'O m � E a C O N Ya Ln N C m O C) a d y d m H L O > a '= 3 E Q N y u d Q o m T m Z y s V 0 C e 0 H Ln a w d o V E o O_ C W an d a c u N m u 3 = t omo cL LL Portrai'l Homes September 20, 2011 Mayor and Council District of Maple Ridge 11995 Haney Place Maple Ridge, B.C. V2X 6A9 APPENDIX E RE: PETITION FOR LOCAL AREA SERVICES ("LAS") REGARDING LANDSCAPING MAINTENANCE FOR PROPOSED SUBDIVISION AT 23000 AND 23024 136 AVENUE, MAPLE RIDGE BRITISH COLUMBIA ("HAMPSTEAD") 'To: Mayor and Council; Reference: RZ,/093/06 and 2011/052/SD The subject property is located within an "Eco Cluster" type development site with enhanced landscape park areas. The service is for enhanced landscape maintenance of 3 Parkettes located within the road right-of-ways, a pedestrian trail through park land that connects 2 of the Parkettes, and the road frontages of the park lands within the development. The planting concept for the Parkettes is for enhanced natural areas that will be planted with a variety of native trees and shrubs to supplement the existing trees that will be retained within the Parkettes. 'The estimated annual maintain cost of the park areas within the entire subdivision, for the first five years, is $13,600.00 or approximately $186.00 per lot. After the fifth year, landscape maintenance costs can be reduced to $96.00 per lot, as the vegetation will be established. Cost recovery method for 100% of the annual maintenance cost would be by way of a local services tax within the property tax system. As the petitioner will be paying for the first year of maintenance, cost recover from the homeowners should commence in year two from the date of installation. Portrait Homes Hampstead forwards this petition to the District of Maple Ridge for approval by Mayor and Council. Sincerely yours, Portrait Holes Hampstead Ltd. Hari imin I'rir� t� 1 cc. Ann Edwards, District of Maple Ridge Dave Laird, Damax Consultants Ltd. BEST HOME BUILDER IN BC 2005-2006-2007 -I'll Portrait Homes ltd. 7200 - 6660 Graybar Rd., Richmond, BC V6W IH9 • ph: (604) 270-1889 • fax: (604)270-1841 District of Maple Ridge Deep Roots Greater Heights TO: His Worship Mayor Ernie Daykin DATE: and Members of Council FILE NO: FROM: Chief Administrative Officer SUBJECT: Disbursements for the month ended August 31, 2011 EXECUTIVE SUMMARY: October 3, 2011 Council has authorized all voucher payments to be approved by the Mayor or Acting Mayor and a Finance Manager. Council authorizes the vouchers for the following period through Council resolution. The disbursement summary for the past period is attached for information. Expenditure details are available by request through the Finance Department. RECOMMENDATION: That the "disbursements as listed below for the month ended August 31, 2011 now be approved". GENERAL $ 18,492,123 PAYROLL $ 1,614,122 PURCHASE CARD $ 74,542 $ 20,180,78-7 DISCUSSION: a) Background Context: The adoption of the Five Year Consolidated Financial Plan has appropriated funds and provided authorization for expenditures to deliver municipal services. The disbursements are for expenditures that are provided in the financial plan. b) Community Communications: The citizens of Maple Ridge are informed on a routine monthly basis of financial disbursements. 1131 c) Business Plan / Financial Implications: Highlights of lamer items included in Financial Plan or Council Resolution • Brandt Tractor Ltd. - two 2011 John Deere backhoes w/bucket $ • Double M Excavating Ltd. - sanitary sewer extension to Corrections $ • G.V. Water District - water consumption Jun 1-28/11 $ • Imperial Paving - 2011 annual pavement rehabilitation program $ • Imperial Paving - Alouette Road paving $ • Municipal Pension Plan - three payroll remittances $ • The municipality acts as the collection agency for other levels of agencies. The following collections were remitted in August. 1. BC Assessment Authority $ 2. G.V. Sewerage & Drainage $ 3. G.V. Regional District $ 4. South Coast BC Transportation $ d) Policy Implications: 203,085 863,525 559,438 442,181 204,650 522,131 government or 897,324 5,191,098 921,807 5,623,557 Approval of the disbursements by Council is in keeping with corporate governance practice. CONCLUSIONS: The disbursements for the month ended August 31, 2011 have been reviewed and are in order. Prepared by: G'Ann Rygg Accounting Clerk II 1� - Approved by: T r Thompson, CGA Manager of Financial Planning Approved by: Pau} Gill,'�BA, CGA GM -,Iirporat Fina ial Concurrence: J.L. (Jiml ule ` Chief A inistrative Officer gmr CORPORATION OF THE DISTRICT OF MAPLE RIDGE MONTHLY DISBURSEMENTS - AUGUST 2011 VENDOR NAME DESCRIPTION OF PAYMENT 775983 BC Ltd Roadside mowing AT & H Industries Inc Gravel & dump fees Advanced Drive Systems Inc Sewage system rehabilitation Aecom Canada Ltd MREC feasibility study River Road storm sewer Allstream Annual communications maintenance service agreement Phone system supplies BC Assessment Authority 2011 requisition BC Hydro Electricity Aug BC SPCA Contract August Community Animal Centre development - 50% share BFI Canada Vancouver Waste disposal - June & July Brandt Tractor Ltd Two 2011 John Deere Backhoes w/ cleanup buckets CUPE Local 622 Dues - pay periods 11/15 & 11/16 Chevron Canada Ltd Fuel Sept Columbia Bitulithic Ltd Duraphalt Co -Pilot Industries Gravel & dump fees Directional Mining & Drilling Kanaka Creek watermain @ Lougheed Hwy Double M Excavating Ltd Sanitary sewer extension to Correction Centre Farm Tek Turf Services Inc Sand spread for various parks Golder & Associates River Road drainage improvement Seismic assessement of Albion dyke Gr Vanc Sewerage & Drainage 2011 requisition Transfer station waste disposal Greater Vanc Water District Water consumption Jun 1-28/11 Greater Vancouver Regional Dis 2011 requisition Water sample analysis Guillevin International Inc Fire fighters' equipment Fire fighters' protective wear Leisure Centre maintenance Operations electrical supplies Downtown Road & Utility Rehabilitation SCBA equipment upgrade Imperial Paving 2011 annual pavement rehabilitation program Alouette Road paving Roadworks Jacks Automotive & Welding Fire Dept equipment repairs Manulife Financial Employee benefits premiums Maple Ridge & PM Arts Council Art Centre grant Aug Program revenue Jun & Jul Medical Services Plan Employee medical & health premiums Metro Motors Ltd 2011 Ford F250 Supercab 4WD 2011 Ford F250 Supercab 2WD w/service body MMM Group Limited North Alouette bridge repairs Morrow Bioscience Ltd 2011 West Nile virus program Municipal Pension Plan BC Employee benefits premiums Newlands Lawn & Garden Maint Grass cutting Pacific Ace Sports Surfaces Maintenance at various parks Platinum Enterprises Ltd Security refund Profire Emergency Equipment Self contained breathing apparatus (SCBA) Progressive Contracting Ltd. 240 Street storm & sidewalk improvements 7,621 7,579 16,322 1.518 26,153 3,274 4,346 30,079 5,191,098 587 921,807 700 19,082 1,171 795 331 11,448 9.884 442,161 204,650 4,640 46,393 90.871 33,432 40.899 AMOUNT 27,412 29,150 27,169 15,200 17,840 897,324 108,092 29,427 22,389 203,085 24,229 64,076 21,655 26,132 121,740 863,525 45,342 34,425 5,191, 685 559,438 922,507 42,711 651,471 15,267 122,296 67,264 30,733 74,331 16,509 23,646 522,131 15,159 47,051 100,000 41,315 50,951 Raincity Janitorial Sery Ltd Janitorial services: Firehalls 6,696 Library 5,262 Municipal Hal[ 3,010 Operations 3,030 Randy Herman Building 4,679 RCMP 3,349 Leisure Centre pressure washing 1,681 Whonnock Lake Park pressure washing 933 28,640 Receiver General For Canada Employer/Employee remit PP11/16 & PP11/17 628,412 Ridge Meadows Recycling Society Monthly contract for recycling Aug 92,000 Weekly recycling 383 Litter pick-up contract 1,848 94,231 Rollins Machinery Ltd Bear proof refuse containers 25,351 South Coast BC Transportation 2011 requisition 5,623,557 T & T Demolition Ltd 119th Avenue demolition costs 108,616 Valley Landscaping Ltd Websters Corners Park 49,090 Valley Traffic Systems Inc Traffic control 21,827 Vanderwal Equipment Ltd Ferris mower 24,212 Warrington PCI Management Advance for Tower common costs Aug 60,000 Tower expenses July 14,753 74,753 Young, Anderson - Barristers Professional fees July 15,731 Disbursements In Excess $15,000 17,767,097 Disbursements Under $15,000 725,026 Total Payee Disbursements 18,492,123 Payroll PP11/16 & PP11/17 1,614,122 Purchase Cards - Payment 74,542 Total Disbursements August 2011 20,180,787 GMR \\DOVE\CorpServ\Finance\Accounting\Accounts Payable\AP Disbursements\2011\[Monthly_Council_Report_2011.xisx]AUG'11 Deep Roots Greater Heights TO: FROM: SUBJECT: District of Maple Ridge His Worship Mayor Ernie Daykin and Members of Council Chief Administrative Officer DATE: Oct. 3, 2011 FILE NO: ATTN: C of W Development Cost Charges Imposition Amending Bylaw No. 6865 - 2011 EXECUTIVE SUMMARY: This bylaw amends our Development Cost Charges (DCCs) to reflect updates to the capital program. It is consistent with our Official Community Plan (OCP) and will require an amendment to the Financial Plan. This is a minor amendment and does not revisit development assumptions, policy changes or underlying DCC assumptions which would be considered a major amendment. Several capital projects were approved by Council with direction to include in the next DCC Bylaw amendment. This amendment includes those projects as well as other amendments to the Long Term Capital Program. This amendment is required to formalize the use of DCC funds for the added projects. Rate changes are minimal (between 0 and 2.1%) and because the majority of changes were adopted by Council in public meetings, the suggested extent of stakeholder consultation for this bylaw amendment will be limited to advertisements in the local paper with additional information available upon request. Until recently all DCC rate bylaws have had to be approved by the Ministry. Rates are now permitted to be adjusted as often as annually as long as all the rate increases are less then Vancouver CPI and the bylaw was approved by the Ministry within the last four years. The rate increases are all under CPI and the bylaw was last approved in May of 2010. The rates will be in effect when this bylaw is adopted with the exception of in -stream applications on which the previous rates would be charged. The Local Government Act was amended to allow in - stream building permits the same grace period that subdivision applications enjoyed, twelve months from the time of adoption of the bylaw. RECOMMENDATION(S): That Maple Ridge Development Cost Imposition Amending Bylaw No. 6865-2011 be given first, second and third readings. DISCUSSION: As our community grows, there is an increasing demand for a wide range of infrastructure. There is no direct mechanism to cover costs related to some types of infrastructure, notably public safety 1132 buildings, recreation facilities and libraries. DCCs provide the authority to recover development related costs for roads, sewers, drainage and water works as well as parkland acquisition and park development. DCCs allow the municipality to apportion the costs of certain types of infrastructure among land developers. The DCC rates are the outcome of a complex model involving the planning and costing of future infrastructure projects, and projecting of future development activity. The assumptions used in these models are amended as required to keep pace with changes to the underlying plans. It is a recommended best practice to annually consider if any minor amendments are needed to reflect current construction costs, land values, status of grants and changes due to the annual review of the Financial Plan. The last bylaw, which was a minor amendment, was adopted in early 2010. Development Cost Charges Amendments do no longer require Ministry approval, if they are changed no more frequently than annually and the change in the amount of DCCs does not exceed Vancouver CPI and the Inspector of Municipalities has approved a DCC bylaw within the last four years. This amendment increases individual service type rates between 0% and 2.4%. The total rate increase for any type of development is between 0% and 2.1%. The increase in Vancouver CPI has increased 2.5% since the last amendment. The Local Government Act was amended recently to allow in -stream building permits the same grace period that subdivision applications enjoyed, twelve months from the time of adoption of the bylaw. a) Background Context: The current DCC Bylaw No. 6705-2009 adopted in May of 2010 was the first minor amendment since the last major amendment adopted in early 2008. A commitment was made to more regularly address amendments to ensure that charges reflect current costs and remove the likelihood of larger increases and to provide more rate stability and certainty. We did not expect major changes in costs so to expedite review was limited to project updates. The following projects were added to this bylaw (the amounts are the DCC portion of the project cost): Previously approved by Council Silver Valley Pedestrian & Road Improvements $500,000 Park purchase on 223 Street 300,000 North Alouette Greenway 1,086,000 North Alouette Park Development 147,000 Proposed Long Term Canital Works Program Intersection upgrades 207,000 Park purchase on Fraser River at Albion 900,000 Park Development at 222 St. and Church additional funding 80,000 Storm Management Update 30,000 Raymond Park Development 342,000 Other minor amendments f 143.000� Total $3,449,000 This increase of about $3.5 million brings the total DCC program to $225.5 million. Debt Financing As discussed with Council previously, debt financing can be a useful tool to strategically advance capital projects. Borrowing would allow the District to finance growth related infrastructure projects using DCCs as the source of funding for debt payments. Committing future cash flows, especially ones that are not certain and fluctuate, adds an element of risk that will have to be carefully considered. All borrowings will require the assent of the electorate. The Inspector of Municipalities will only consider approving the inclusion of interest costs in exceptional circumstances, which are fairly narrowly prescribed. With the next major DCC amendment there are several additional factors that will need to be considered. New legislation introduced the exemption for small residential units and the ability to reduce DCCs due to "green" initiatives. The development of an intensive agriculture levy was introduced in the last major amendment but abandoned. b) Desired Outcome: The authority use DCCs funds collected to fund projects added since the last DCC Bylaw amendment. A DCC Bylaw that is consistent with the Official Community Plan and our Financial Plan ensuring the DCC rates are reflective of the costs of the infrastructure and open space needs required to support development. c) Developer/Customer Implications: A comparison between the proposed levies and the levies currently in effect is shown in Attachment "A" A grace period of 12 months has existed for in -stream subdivision applications for quite some time under section 943 of the Local Government Act. Recent changes to the legislation now permit the same grace period for in -stream building permits. For qualifying applications, the levies of the previous bylaw would be charged. d) Business Plan/Financial Implications: The bylaw is consistent with the District's Financial Sustainability Policies and the Financial Plan. e) Policy Implications: The capital works program is the corporate mechanism for identifying and scheduling capital projects consistent with growth strategies, the Official Community Plan and the Financial Plan Bylaw. The Ministry of Community Services publication entitled Development Cost Charge Best Practices Guide (Edition 3) guides the preparation of bylaws based on best practices guidelines, local government policy and current information. f) Alternatives: Leaving the existing bylaw and rates as currently approved would mean that any new projects funded from DCCs would need to find alternative funding sources. This alternative is not recommended. CONCLUSIONS: This minor amendment to the DCC Bylaw is the second minor amendment since the DCC Bylaw was restructured in 2008 to be consistent with the updated OCP. This minor amendment is required to allow the additional projects to be funded by DCCs and the DCCs to be updated accordingly. These changes require the approval of the Inspector of Municipalities before the bylaw can be adopted. Prepared by: Trevor ompson, BBA, CGA Manager of Financial Planning Approved by: Paul Gill, BBA, CGA GM: Corpora -le & F. ancial Services Concurrence: J.L. Jim) Ruie Chief Administrative Officer Y�. Attachment "A" - Current vs. Proposed DCC Levies Proposed Land Use Types Current Levies Levies Change In Levy BL 6705-2009 BL 6865-2011 Growth Area Residential Low Density - Single Family 1 $18,761 $19,099 $ 338 1.8% Residential Low Density -Townhouse 1 $15,539 $15,810 $ 271 1.7% Residential High Density - Apartment 1 $8,884 $9,057 $ 173 1.9% Commercial 2 $31.29 $31.73 $ 0.44 1.4% Commercial - Drainage 3 $22,356 $22,428 $ 72 0.3% Institutional 3 $62,094 $62,794 $ 700 1.1% In -fill Area Residential Low Density - Single Family 1 $16,399 $16,714 $ 315 1.9% Residential Low Density -Townhouse 1 $12,755 $12,993 $ 238 1.9% Residential High Density -Apartment 1 $7,894 $8,047 $ 153 1.9% Commercial 2 $25.00 $25.44 $ 0.44 1.8% Commercial - Drainage 3 $4,005 $4,005 $ - 0.0% Industrial 2 $11.98 $12.14 $ 0.17 1.4% Industrial - Drainage 3 $3,794 $3,794 $ - 0.0% Town Centre Area Commercial 2 $17.98 $17.98 $ 0.0% Commercial - Drainage 3 $4,005 $4,005 $ - 0.0% Rural Residential 1 $8,767 $8,823 $ 56 0.6% Residential (Water) 1 $9,866 $9,923 $ 56 0.6% Commercial 2 $21.02 $21.46 $ 0.44 2.1% Industrial 2 $7.99 $8.16 $ 0.17 2.1% 1. DCC per additional lot being subdivided or unit being built 2. DCC per sq. meter of buildingfloor area 3. DCC per hectare of gross site area DISTRICT OF MAPLE RIDGE BYLAW NO. 6865-2011 A bylaw to amend Maple Ridge Development Cost Charges Imposition Bylaw No. 6462-2007 WHEREAS Council does not consider the charges imposed by this bylaw: a. As excessive in relation to the capital cost of prevailing standards of service; b. Will deter development, or c. Will discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land in the District. NOW THEREFORE, the Council for the District of Maple Ridge enacts as follows: 1. This Bylaw may be cited for all purposes as "Maple Ridge Development Cost Charges Imposition Amending Bylaw No. 6865-2011" 2. Schedules "B", "C", "D" and "E" of Maple Ridge Development Cost Charges Imposition Bylaw No. 6462-2007 be deleted in their entirety and replaced with Schedules "B", "C", "D" and "E" attached hereto and form part of Maple Ridge Development Cost Charges Imposition Amending Bylaw No. 6865-2011. Read a first time this day of 20 . Read a second time this day of 20. Read a third time this day of 20. Approved by the Inspector of Municipalities this day of 20. Adopted this day of 20. PRESIDING MEMBER CORPORATE OFFICER ATTACHMENTS: SCHEDULE "B", SCHEDULE "C", SCHEDULE "D" and SCHEDULE "E" SCHEDULE "B" BYLAW NO. 6462-2007 DEVELOPMENT COST CHARGES - GROWTH AREAS (Map 1) Single Family Dwelling / Duplex DCC per additional lot being Servicing Type subdivided or unit being built Road $10,966 Drainage 1,649 Water 1,715 Sanitary Sewer 151 Open Space 4,618 Total $19,099 Townhouse Servicing Type DCC per additional unit being built Road $7,677 Drainage 1,649 Water 1,715 Sanitary Sewer 151 Open Space 4,618 Total $15,810 Appartment Servicing Type DCC per additional unit being built Road $4,936 Drainage 186 Water 857 Sanitary Sewer 76 Open Space 3,002 Total $9,057 Commercial Servicing Type DCC per sq. meter of building floor area Road $21.46 Water 9.44 Sanitary Sewer 0.83 Open Space 0.00 DCC per hectare of gross site area Drainage $22,428 Institutional Servicing Type DCC per hectare of gross site area Road $31,835 Drainage 14,167 Water 15,432 Sanitary Sewer 1,360 Open Space 0 Total $62,794 SCHEDULE "C" BYLAW NO. 6462-2007 DEVELOPMENT COST CHARGES - INFILL AREAS (Maps 1 & 2) Single Family Dwelling / Duplex DCC per additional lot being Servicing Type subdivided or unit being built Road $12,399 Drainage 396 Water 572 Sanitary Sewer 153 Open Space 3,194 Total $16,714 Townhouse Servicing Type DCC per additional unit being built Road $8,678 Drainage 396 Water 572 Sanitary Sewer 153 Open Space 3,194 Total $12,993 Appartment Servicing Type DCC per additional unit being built Road $5,579 Drainage 29 Water 286 Sanitary Sewer 77 Open Space 2,076 Total $8,047 Commercial Servicing Type DCC per sq. meter of building floor area Road $21.46 Water 3.14 Sanitary Sewer 0.84 Open Space 0.00 DCC per hectare of gross site area Drainage $4,005 Industrial Servicing Type DCC per sq. meter of building floor area Road $8.16 Water 3.15 Sanitary Sewer 0.84 Open Space 0.00 DCC per hectare of gross site area Drainage $3,794 SCHEDULE"D" BYLAW NO.6462-2007 DEVELOPMENT COST CHARGES - RURAL AREAS (Map 1) Single Family Dwelling / Duplex (with water) Servicing Type Road Drainage Water Sanitary Sewer Open Space Total Single Family Dwelling / Duplex (without water) Servicing Type Road Drainage Water Sanitary Sewer Open Space Total DCC per additional lot being subdivided or unit being built $3,775 0 1,099 0 5,048 $9,923 DCC per additional lot being subdivided or unit being built $3,775 0 0 0 5,048 $8,823 Commercial Servicing Type DCC per sq. meter of building floor area Road $21.46 Drainage 0 Water 0 Sanitary Sewer 0 Open Space 0 Total $21.46 Industrial Servicing Type DCC per sq. meter of building floor area Road $8.16 Drainage 0 Water 0 Sanitary Sewer 0 Open Space 0 Tota 1 $8.16 SCHEDULE "E" BYLAW NO. 6462-2007 DEVELOPMENT COST CHARGES - TOWN CENTRE COMMERCIAL AREA (Map 2) Commercial (Town Servicing Type Road Water Sanitary Sewer Open Space Centre) DCC per sq. meter of building floor area $14.00 3.14 0.84 0.00 DCC per hectare of gross site area Drainage $4,005 MAPLERIDGE District of Maple Ridge Deep Roots Greater Heights TO: His Worship Mayor Ernie Daykin DATE: and Members of Council FILE NO: FROM: Chief Administrative Officer ATTN: SUBJECT: 2012 Permissive Tax Exemptions EXECUTIVE SUMMARY: October 3, 2011 Committee of the Whole The Community Charter provides Council with statutory powers to exempt certain types of properties from municipal property taxation. Maple Ridge has clearly defined Council Policies to assist staff in evaluating and recommending these property tax exemptions. The policies are based on the fundamental principle that the Municipality will not grant property tax exemptions to organizations providing services on a private or for profit basis, or where the service is the responsibility of senior governments. These policies have been reviewed by Councils over the past several years, most recently in 2008. All applicants being recommended for a permissive tax exemption in 2012 also received the exemption in 2011. The United Church in Whonnock which has in the past received permissive tax exemptions was sold in 2011 and exemptions will no longer apply to that property. There are no applications for new properties to be considered for the 2012 taxation year. In accordance with the Community Charter and Council Policies 5.16 to 5.23, the properties listed in Bylaw No. 6863 - 2011 are recommended for property tax exemption for the 2012 taxation year. RECOMMENDATION: That "Maple Ridge Tax Exemption Bylaw 6863 - 2011" be read a first, second and third time. a) Background Context: The Community Charter provides for a general exemption from taxation over which Council does not have any legislative powers or authority. This includes properties such as schools, public hospitals, buildings set apart for public worship and provincial and municipally owned public buildings and land. B.C. Assessment determines which properties qualify for statutory exemption according to the Community Charter. Churches and Private Schools receive these automatic exemptions, over which Council has no control. However, the statutory exemption only provides for the church or school building and the land on which it stands, leaving any remaining land and improvements as taxable. In 1985 Council adopted a bylaw which grants automatic permissive exemptions for these properties. Church properties receive permissive exemption for an additional church hall and the entire parcel of land, to a maximum of 2.0335 hectares (5 acres). Buildings other than the church and church hall are subject to taxation. Private Schools receive permissive exemption for additional improvements and the entire parcel of land not included in the statutory exemption. The Community Charter also provides Council with statutory powers to exempt other certain properties from municipal taxation. For example, these can be land and improvements that are used by not for profit organizations that are deemed to contribute to the well being of the community or private Page 1 of 3 1133 institutions licensed under other legislation such as the Hospital Act, Community Care Facility Act or parts of the School Act. Permissive exemptions can also be granted by Council for heritage properties and portions of a property used for municipal purposes (e.g. parts of Planet Ice, the curling rink and the Ridge Meadows Senior Society). Council has adopted policies with respect to the granting of property tax exemptions. The policies are intended to prevent the downloading/off loading of services that are the responsibility of senior governments and to ensure local residents are not subsidizing residents from other municipalities. They also establish that where a permissive tax exemption is granted that all residents of Maple Ridge have access to the service provided and make certain that the property tax exemption does not provide for an unfair competitive advantage. The services provided by the organization are to be an extension of Municipal services and programs and fall under the responsibility of local government. A Tax Exemption Bylaw adopted by Council specifically applies to the "General, Debt & Library" and "Fire Services Improvement" levies on the Property Tax Notice. However at this time, the School Act and the Hospital District Act also provide for exemptions from other taxing authorities for properties included in the bylaw. The proposed taxation exemption bylaw must be publicly posted and included in a newspaper prior to its adoption. The notice will include a description of each property and the estimated tax exemption for 2012 plus the following two years. The District's Annual Report also includes information on the permissive exemptions granted. b) Desired Outcome: Council must adopt the Tax Exemption Bylaw on or before October 31, 2011 to exempt properties from municipal property taxation for 2012. c) Strategic Alignment: The sources of municipal revenue are limited and therefore, the District supports institutions, organizations and the community at large to enhance the quality of life to its residents. The granting of property tax exemptions to those applicants meeting the criteria of the policies are strategically aligned with: (i) Financial Management - cost effective and efficient delivery of services (ii) Community Relations - recognize and support the important contribution of volunteers and not for profit groups that provide services in Maple Ridge (iii) Safe & Livable Community - in partnership with community groups, assist in the provision of leisure and cultural services to ensure access by all citizens d) Citizen/Customer Implications: Permissive exemptions are designed to support those services that complement District programs. Inadequate funding from senior governments sometimes results in agencies turning to local government for assistance. The sources of municipal funding are limited and providing exemptions to those groups that fall under the responsibility of senior governments is not feasible. All applicants requesting a permissive tax exemption for 2012 were also granted the exemption in 2011. The property formerly owned by Whonnock United Church (United Church of Canada) is no longer eligible for exemption and no new applications have been received. Page 2 of 3 e) Business Plan/Financial Implications: Based on the 2011 assessed values, and using the estimated tax increase for 2012 from the financial plan, the estimated amount attributable to the 2012 proposed tax exemptions for the Municipal portion of taxes is $455,542. The total tax revenue estimate in the financial plan is $60,530,172, putting the proposed exemptions at less than 1% of that total. f) Policy Implications: The applicants recommended for exemption are in accordance with the adopted policies. g) Alternatives: Granting tax exemptions leads to a tax shift to other classes, most notably the Residential Class. An option for Council is to provide a financial grant to assist those organizations providing community services that Council wishes to support. Grants are an annual budget decision and are limited to one year. Council has used this option from time to time. Providing grants does not relieve senior levels of government from their responsibility to the community. Therefore, the potential for downloading costs to the Municipality is somewhat reduced. Nisink *i *R6N& l In reviewing the requests for permissive exemptions, Council Members should ensure: The use is consistent with Municipal policies, plans, bylaws, codes and regulations. This will ensure the goals, policies, and general operating principles of the Municipality as a whole are reflected in the organizations that receive Municipal support. Exemptions are not given to services that are otherwise provided on a private, for profit basis. This would provide an unfair competitive advantage. The services provided by the organization should be an extension of Municipal services and programs and must fall under the responsibility of local government. Senior government program costs must not be transferred to property taxpayers, as this would represent double taxation and an inequitable tax burden. Primarily Maple Ridge residents should use the services and the organization's regulations must allow all Maple Ridge residents to participate. The taxation burden resulting from the exemption must be a justifiable expense to the taxpayers of the Municipality. The sources of Municipal revenue are limited and request for exemption must be considered in concert with other needs of the Municipality. Additional details on the applications are available from the Finance Department. Prepared by: Kathleen Gormley Manager of Business Systems Approved by: tea I Gill, B13A, CGA GM - Corp. & Fin. Servic s Concurrence: J.L. Oim) Rule 11 Chief Administrative Officer :kg J Page 3 of 3 CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO.6863-2011 A Bylaw to exempt from taxation, certain properties within the Corporation of the District of Maple Ridge WHEREAS, pursuant to provisions of the Community Charter, S.B.C., 2003, Chapter 26, a Municipal Council may exempt certain land and improvements from taxation, where, in the opinion of the Municipal Council, the use of the land and improvements qualifies for exemption; AND WHEREAS, the Municipal Council deems it expedient to exempt certain land and improvements; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw shall be cited for all purposes as "Maple Ridge Tax Exemption Bylaw No. 6863-2011". 2. That in accordance with Section 224(2)(i) of the Community Charter, the following lands and improvements owned or held by an athletic or service club or association and used principally as a public park or recreation ground or for public athletic or recreational purposes be exempt from taxation: (a) Owned by the Ruskin Community Hall Roll No.: 94856-0000-8 28395 96th Avenue 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 345,200 4,110.75 4,311.75 4,511.97 (b) Owned by the Girl Guides of Canada Roll No.: 05322-0300-1 26521 Ferguson Avenue 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 587,000 6,990.18 1 7,331.97 7,672.44 (c) Owned by the Scout Properties (B.C./Yukon) Ltd. Roll No.: 05299-0100-0 27660 Dewdney Trunk Road 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 1,165,000 13,873.18 14,551.53 15,227.24 (d) Portion of Land and Improvements owned by the Corporation of the District of Maple Ridge Leased to: Ridge Meadows Senior Society Roll No.: 52700-0001-0 12148 224th Street 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 3,482,000 44,305.84 46,472.24 48,630.21 (e) Owned by the Fraternal Order of Eagles, Maple Ridge Aerie #2831 Roll No.: 73878-0300-6 23461 132nd Avenue 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption , Exemption Exemption 488,000 5,811.25 6,095.40 6,378.45 3. That in accordance with Section 224(2)(i) of the Community Charter, the following lands and improvements owned or held by an athletic or service club or association and used principally as a public park or recreation ground or for public athletic or recreational purposes be exempt from taxation; and in accordance with Section 225(2)(e) of the Community Charter, the following land and improvements that are eligible golf course property, being land maintained as a golf course be exempt from taxation: (a) Owned by the Corporation of the District of Maple Ridge Leased to: Maple Ridge Golf Course Ltd. (Public Golf Course) Roll No.: 21238-1001-1 20818 Golf Lane 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 2,257,000 27,034.36 28,356.26 29,673.00 4. That in accordance with Section 224(2)(a) of the Community Charter, the following land and improvements that are owned by a charitable, philanthropic, or other not for profit corporation, and the council consider are used for the same purpose be exempt from taxation: (a) Owned by the Maple Ridge Search and Rescue Society Roll No.: 84120-0005-0 23598 105th Avenue 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 606,000 Exemption 7,710.90 Exemption 8,087.93 Exemption 8,463.50 5. That in accordance with Section 224(2)(d) of the Community Charter, the interest in land and improvements of municipal buildings of a non-profit organization specified -2- by the council that the non-profit organization uses or occupies as a licensee or tenant of the municipality, shall be exempt from taxation: (a) Owned by the Corporation of the District of Maple Ridge Leased to: The Society for the Prevention of Cruelty to Animals Roll No.: 84292-0257-0 10235 Jackson Road 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 679,600 8,647.40 9,070.23 9,491.41 (b) Owned by the Corporation of the District of Maple Ridge Leased to: Katie's Place Roll No.: 84292-0100-0 10255 Jackson Road 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 136,300 1,734.32 1,819.12 1,903.59 (c) Owned by the Greater Vancouver Sewerage and Drainage District Leased to: Ridge Meadows Recycling Society Roll. No.: 84112-0001-0 10092 236t" Street 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 880,000 11,197.34 11,744.85 12,290.23 6. That in accordance with Section 224(2)(f) of the Community Charter, in relation to property that is exempt under section 220(1)(h) [buildings for public worship], the following land and improvements, that have been deemed as necessary to the building set apart for public worship, be exempt from taxation: (a) Owned by Wildwood Fellowship Church Roll No.: 05071-0100-5 10810 272nd Street Exempt 2011 Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 222,600 2,650.79 2,780.40 2,909.51 (b) Owned by Pt. Hammond United Church Roll No.: 10622-0100-0 11391 Dartford Street 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 120,300 1,432.57 1,502.62 1,572.39 -3- (c) Owned by Christian & Missionary Alliance - Canadian Pacific District Roll No.: 20804-0401-1 20399 Dewdney Trunk Road 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 439,300 5,231.32 5,487.11 5,741.91 (d) Owned by the St. Pauls Evangelical Lutheran Church of Haney B.C. Roll No.: 20861-0100-4 12145 Laity Street 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 350,000 4,167.91 4,371.70 4,574.71 (e) Owned by the St. John the Divine Anglican Church Roll No.: 20920-0100-1 21299 River Road 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 404,400 4,815.72 5,051.19 5,285.75 (f) Owned by Roman Catholic Archbishop of Vancouver Church Roll No.: 21140-0400-1 20285 Dewdney Trunk Road 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 666,000 7,930.93 8,318.73 8,705.01 (g) Owned by the Christian Reformed Church of Maple Ridge B.C. Roll No.: 21142-3300-3 20245 Dewdney Trunk Road 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 392,200 4,670.44 4,898.81 5,126.29 (h) Owned by the Burnett Fellowship Baptist Church Roll No.: 21190-0001-0 20639 123rd Avenue 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 291,100 3,466.51 3,636.01 3,804.85 -4- (i) Owned by the President of the Lethbridge Stake (Mormon Church) Roll No.: 21255-0201-X 11750 207th Street 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 380,500 4,531.11 4,752.67 4,973.36 Q) Owned by the Trustees of the Maple Ridge East Congregation of Jehovah's Roll No.: 21335-2200-2 11770 West Street 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 466,100 5,550.46 5,821.86 6,092.20 (k) Owned by First Church Christ Scientist Roll No.: 31678-0000-8 11916 222nd Street 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 181,600 2,162.55 2,268.29 2,373.62 (1) Owned by The Church of the Nazarene Roll No.: 41990-0000-8 21467 Dewdney Trunk Road 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption 5,271.69 Exemption 422,053 5,025.94 5,516.48 (m) Owned by the High Way Church Roll No.: 42162-0000-X 21746 Lougheed Highway 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 458,100 5,455.20 5,721.94 5,987.64 (n) Owned by the Trustees of the Congregation of the Haney Presbyterian Church Roll No.: 42176-0000-8 11858 2161h Street 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 510,800 6,082.76 6,380.19 6,676.46 - 5 - (o) Owned by the Trustees of St. Andrews Congregation of the United Church of Canada Roll No.: 42249-0100-6 22165 Dewdney Trunk Road 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 1,320,500 15,724.92 16,493.82 1 17,259.72 (p) Owned by M.R. Baptist Church Roll No.: 42331-0100-1 22155 Lougheed Highway 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 3,661,700 43,604.65 45,736.77 47,860.59 (q) Owned by the Trustees of Webster's Corner United Church Roll No.: 63029-0100-5 25102 Dewdney Trunk Road 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 232,600 2,769.87 I 2,905.31 3,040.22 (r) Owned by Pentecostal Assemblies of Canada Roll No.: 63163-2300-2 11756 232nd Street 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 789,000 9,395.66 9,855.07 10,312.70 (s) Owned by Lord Bishop of New Westminster (St. John Evangelical) Roll No.: 94720-0001-0 27123 River Road 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 491,500 5,852.93 6,139.12 6,424.20 (t) Owned by Ruskin Gospel Church Roll No.: 94803-0100-3 28304 96th Avenue 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 274,600 3,270.02 3,429.91 3,589.18 a Me (u) Owned by Roman Catholic Archbishop of Vancouver Roll No.: 52788-0000-8 22561 1215t Avenue 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 273,700 3,259.30 3,418.67 3,577.42 (v) Owned by The B.C. Conference of the Mennonite Brethren Churches Inc. Roll No.: 20762-0305-0 20450 Dewdney Trunk Road 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 1,901,000 22,637.70 23,744.60 24,847.20 (w) Owned by The Parish of St. George, Maple Ridge Roll No.: 63157-2001-1 23500 Dewdney Trunk Road 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 336,200 4,003.57 4,199.33 4,394.33 (x) Owned by Generations Christian Fellowship and Colleen Findlay Foundation Roll No.: 21034-0000-8 11601 Laity Street 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 832,000 9,907.71 10,392.17 10,874.73 (y) Owned by Apostles of Infinite Love, Canada Roll No.: 94906-0000-3 27289 96th Avenue 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 231,000 2,750.82 2,885.32 3,019.31 (z) Owned by Timberline Ranch Roll No.: 52982-0000-X 22351 144th Avenue 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 28,700 341.77 358.48 375.13 7. That in accordance with Section 224(2)(g) of the Community Charter, land or improvements used or occupied by a religious organization, as tenant or licensee, for the purpose of public worship or for the purposes of a hall that the council considers is necessary to land or improvements so used or occupied, be exempt from taxation: -7- E M Leased by Maple Ridge Vineyard Christian Fellowship Roll No.: 31594-0000-1 22336 Dewdney Trunk Road 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 172,600 707.21 741.79 776.23 Leased by Cornerstone Neighbourhood Fellowship Baptist Church Roll No.: 94940-0100-X 9975 272nd Street 2011 Exempt Estimated Assessed Value 2012 Exemption 755,000 8,990.77 Estimated Estimated 2013 2014 Exemption Exemption 9,430.39 9,868.30 8. That in accordance with Section 224(2)(h) of the Community Charter, in relation to property that is exempt under section 220(1)(1) [private schools], any area of land surrounding the exempt building shall be exempt from taxation: (a) a (c) Owned by Haney - Pitt Meadows Christian School Association Roll No.: 20806-0400-0 12140 203rd Street 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 490,400 6,239.97 6,545.09 6,849.01 Owned by Meadowridge School Society Roll No.: 63414-0002-0 12224 240th Street 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 929,000 11,820.83 12,398.83 12,974.57 Owned by Roman Catholic Archbishop of Vancouver Roll No.: 52788-0000-8 22561 121s' Avenue 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 258,000 3,282.86 3,443.38 3,603.27 W:2 9. That in accordance with Section 225(2)(b) of the Community Charter the following Heritage lands and improvements shall be exempt from taxation: (a) Owned by the Corporation of the District of Maple Ridge Leased to: The Maple Ridge Historical Society (Haney House) Roll No.: 31790-0000-4 11612 224th Street 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 481,OOU--T 1,970.83 2,067.20 2,163.19 (b) Owned by the Corporation of the District of Maple Ridge Leased to: The Maple Ridge Historical Society (Haney Brick Yard Office & Haney Brick Yard House) Roll No.: 31962-0502-3 22520 116th Avenue 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 603,000 7,672.72 8,047.89 8,421.60 (c) Owned by the Corporation of the District of Maple Ridge Leased to: The Maple Ridge Historical Society (St. Andrew's United Church) Roll No.: 31428-0000-1 22279 116th Avenue 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 175,000 2,226.74 2,335.62 2,444.08 (d) Owned by the Corporation of the District of Maple Ridge Leased to: Fraser Information Society (Old Japanese School House) Roll No.: 31492-0000-3 11739 223rd Street 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 266,600 3,392.29 3,558.16 3,723.38 (e) Owned by Prince David Temple Society (Masonic Lodge) Roll No.: 31429-0100-0 22272 116th Avenue 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 330,300 4,202.82 4,408.32 4,613.03 10. That in accordance with Section 224(2)(c) of the Community Charter, "land or improvements that the council considers would otherwise qualify for exemption under section 220 [general statutory exemptions] were it not for a second use", the council may, by the adoption of a by-law, determine the proportions of the land and -9- improvements that are to be exempt and taxable; and Section 224(2)(i) of the Community Charter, land or improvements owned or held by an athletic or service club or, association and used principally as a public park or recreation ground or for public athletic or recreational purposes, shall be exempt from taxation as by the proportions set in accordance with Section 224(2)(c) of the Community Charter. (a) land and Improvements owned by the Corporation of the District of Maple Ridge, Herein called Cam Neely Arena, shall be exempted from 90% of taxation Roll No.: 84120-0002-0 23588 105th Avenue 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 3,727,800 47,433.46 49,752.79 52,063.10 (b) land and Improvements owned by the Corporation of the District of Maple Ridge, Herein called The Golden Ears Winter Club, shall be exempted from 95% of taxation Roll No.: 84120-0004-0 23588 105th Avenue 2011 Exempt Estimated Estimated Estimated Assessed Value 2012 2013 2014 Exemption Exemption Exemption 3,103,745 39,492.83 41,423.89 43,347.44 Included within each of the exemptions 10(a) and 10(b) is a proportionate share (based on the square footage areas of Cam Neely Arena, The Golden Ears Winter Club, and the remainder of the building) of all entrances, lobbies, change rooms, stairs, elevators, hallways, foyers and other common use areas of the lands and improvements. 11. The exemption from taxation as herein before noted applies for the year 2012 12. The exemptions granted by this bylaw are without prejudice to any claim for entitlement to exemption based on any other provisions of the Community Charter or any other legislation. READ a FIRST TIME the READ a SECOND TIME the day of , 2011. day of 2011. READ a THIRD TIME the day of RECONSIDERED AND ADOPTED the , 2011. day of CORPORATE OFFICER MIIZ Deep Roots Greater Heights TO: FROM: SUBJECT: District of Maple Ridge His Worship Mayor Ernie Daykin MEETING DATE: October 3, 2011 and Members of Council FILE NO: CDPR Admin/0640-20 Chief Administrative Officer MEETING: Committee of the Whole Core Park Construction - Award of Tender EXECUTIVE SUMMARY: Tenders for the construction of the Core Park site located west of 222nd Street and north of Church Avenue were received on September 28, 2011 Six bids in compliance with the tender documents were received. The cost of this project in combination with the expenses to date for the demolition of five residences exceeds the adopted budget. The project is primarily funded through Development Cost Charges (DCC). The DCC Bylaw that is currently being considered includes a budget increase for this project. Award of this tender is recommended. RECOMMENDATION: That the tender contract PL11-47 for the construction of the Core Park site located west of 222 Street and north of Church Avenue be awarded to Marten Timmer Excavating for $267,103.00 plus HST and that the Corporate Officer be authorized to execute the agreement. DISCUSSION: a) Background Context: On June 14, 2011 Council authorized staff to proceed with the preparation of tender documents for the construction of the Core Park site based on the concept plan dated May 3, 2011. Following this authorization Staff have proceeded with the demolition of the five residences on the park site and issued a tender on September 9, 2011 for the Core Park Construction. The demolition work is now substantially complete in preparation for park development. b) Business Plan/Financial Implications: The six compliant bids for Tender PL11-47 ranged from the low bid from Marten Timmer Excavating Ltd. of $267,103.00 to a high bid of $370,979.00. In addition two non -compliant bids were received. The approved budget for the total construction of this park is $310,488. The budget is in the process of being amended to $410,488 and will be sufficient to fund the demolition costs, the award of this tender, and the supply and installation of park amenities, i.e. a drinking fountain, play equipment, benches and outdoor fitness equipment. 1151 Cost Breakdown Consulting/Landscape $18,000 Demolition/Hazard Abatement 57,185 Haz/Mat Consultant 4,240 Construction Tender 267,103 Allowance for Play/Fitness Equip/Amenities 63.960 Total 41 4 Adopted Budget $310,488 Amendment in process 100,000 Anticipated Budget $41 4488 CONCLUSIONS: Staff recommend that the Corporate Officer be authorized to enter into an agreement with Marten Timmer Excavating Ltd. for the construction of Tender PL11-47 at Core Park. 444�1 Prepared by: Bruce McLeod, MBCSLA Manager of Parks and Open Space Approved by., '-David Boag f' i Director of Parks and Facilities Reviewed by: revor ompson Manager of Financial Planning �J Approved by: e Wheeler (acting) General Manager Community Development Parks and Recreation ce: J.L. (Jim) Rule Chief Administrative Officer bmd E Deep Roots Greater Heights TO: FROM: District of Maple Ridge His Worship Mayor Ernie Daykin and Members of Council Chief Administrative Officer MEETING DATE: October 3, 2011 FILE NO: CDPR-Admin/0640-20 MEETING: Committee of the Whole SUBJECT: MAPLE RIDGE EQUESTRIAN SPORTS CENTRE LICENSE TO OCCUPYAGREEMENT EXECUTIVE SUMMARY: See the attached report reviewed by the Maple Ridge and Pitt Meadows Parks & Leisure Services Commission at their meeting on September 8, 2011. RECOMMENDATION: That on the recommendation of the Maple Ridge and Pitt Meadows Parks & Leisure Services Commission, the Manager, Legislative Services be authorized to sign the Maple Ridge Equestrian Sports Centre License to Occupy Agreement. Prepared by: vld Boag, Director, Parks & Facilities Approved by: Sue Wheeler A/General Manager, Community Development Parks & Recreation Approved by: General Manager, Corp a'rate nd Finance I\. � /'/ / Concurrence: J.L. (Jim) Rule Chief Administrative Officer Attachments: MR/PM Parks & Leisure Services Commission Report - 2011-09-08 Maple Ridge Equi-Sports Centre License to Occupy Agreement DBA 1152 1W Maple Ridge and Pitt Meadows Parks & Leisure Services Commission Report REGULAR MEETING ""S & LE..URE SERVICES September 8, 2011 SUBJECT: MAPLE RIDGE EQUESTRIAN SPORTS CENTRE LICENSE TO OCCUPY AGREEMENT EXECUTIVE SUMMARY: Parks staff through discussion with the operator of the Maple Ridge Equi-Sport Centre, have prepared a License to Occupy agreement that will grant the Equi-Sport Centre the right to operate, and manage the license area that contains the horse jumping course north of the Equi-Sport Centre. In retl irn the FnI ii—Spnrt rants will maintain the site and nmviria n financial Cnntrihlitinn to the District of Maple Ridge for the use of District land. It is recommended that the Commission endorse the attached License to Occupy and forward to Maple Ridge Council, RECOMMENDATION: That the Maple Ridge and Pitt Meadows Parks & Leisure Services Commission endorse the License to Occupy and forward to Maple Ridge Council for consideration. DISCUSSION: In 2010 the District of Maple Ridge acquired a 6.3ha parcel of land north of the Maple Ridge Equi- Sport Centre (MRESC). This land had been leased by the previous owner to the MRESC for the operation of a horse jumping course. In the past, this property has supported equestrian activities that have provided active recreational opportunities for the community. Parks staff are proposing a License to Occupy (LOC) agreement that will permit these recreational activities to continue. The LOC agreement is similar to that which was issued to Wildplay Adventures for the use of the former campground site in Maple Ridge Park. This agreement allows the Licensee to construct, improve, and maintain their facilities on the land. The License to Occupy will allow the Licensee the exclusive right to possess and occupy the area, without the transfer of any land or interest in the land to the Licensee. The agreement also provides the Licensee with the non-exclusive right to access and use the License Area, including the Additional Facilities (parking) to ensure continued access by the public. In return for the use of the District's land the Licensee will maintain the property to a standard that will allow equestrian activities to continue on the site, arrange for garbage disposal from the site, maintain insurance on the horse jumping course and provide a basic fee of $10,000 per annum, beginning January 2012. No fee will be applied for 2011 as the uncertainty of a final agreement did cause some impact to booking the field for MRESC events. C:\Users\davidb\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\Tl2YSN4M\MR_Equi_Sports_Centre_License To_Occupy_Agreement.docx #1 CONCLUSIONS: Based on the attached document it is recommended the Commission endorse the License to Occupy and forward to Maple Ridge Council for consideration. Prepared By: Bruce McLeod, MBCSLA Title: Manager, Parks and Open Space Date: 2011-09-08 Approved By: Kelly Swift Title: General Manager, Community Development, Parks and Recreation, Date: 2011-09-08 Attachment: License to Occupy Agreement :BMcL C:\Users\davidb\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\Tl2YSN4M\MR_Equi_Sports_Centre_License_To_Occupy_AgTeement.docx #2 LICENSE TO OCCUPY THIS LICENSE TO OCCUPY dated for reference the 51h day of January, 2012. BETWEEN: 1e1►1 �� DISTRICT OF MAPLE RIDGE 11995 Haney Place Maple Ridge, BC V2X 6A9 MREC HOLDINGS LTD. 21973 132nd Avenue Maple Ridge, BC V4R 2T1 (the "Licensor") (the "Licensee") A. The Licensor owns certain lands situate in the District of Maple Ridge used for park purposes, more particularly described as: PID: 027-025-721 Lot B, Section 30, Township 12, Plan: BCP 29365 ( the "Lands"); and B. The Licensee desires to construct, maintain, operate and use an Equestrian Horse Jumping course over that portion of the Lands (the "License Area") outlined in red on the sketch plan attached hereto as Schedule A. NOW THEREFORE, in consideration of premises and the mutual covenants and conditions set out in this License to Occupy, the Licensor and Licensee agree as follows: 1. DEFINITIONS AND INTERPRETATION 1.1 The terms defined in this clause 1.1, for all purposes of this License to Occupy unless otherwise specifically provided, have the following meanings: (a) "Additional Facilities" means the Licensor's parking facilities located within the License Area. (b) "Basic Fee" as of any particular time means the net basic fee provided for in this License to Occupy as specified in Article 3 of this License to Occupy. C:\Users\davidb\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\Tl2YS N4M\M R EC_Licence_to_OCcupy_Agreement_2012.docx (c) "Commencement Date" means the earlier of (i) the first day of the month in which the Horse Jumping Course is first open to the Licensee's customers or (ii) August 1, 2011. (d) "Horse Jumping Course" is limited to improvements only and includes all structures and buildings constructed upon the License Area by or for the Licensee pursuant to the provisions of this License to Occupy for a horse jumping course together with all ancillary facilities, including without limitation, hard landscaping, monitored pathways, maintenance and security facilities, and all necessary services and ancillary facilities, together with all replacements, alterations, additions, changes, substitutions, improvements, or repairs to them and all other improvements from time to time constructed upon or placed on the License Area, including without -limitation: (i) a "horse jumping course " of multiple elements, for equestrian jump training and competition purposes; (iv) paring area forequestrin cn,akaete and park guests. Notwithstanding anything to the contrary contained in this License to Occupy, the Licensee shall have the right to exclusively possess and occupy the Horse Jumping Course during the Term, provided that this License to .Occupy shall not be construed to grant or transfer any land or interest in land to the Licensee. (e) "Person" or any word or expression descriptive of a person, includes any body corporate and politic, the heirs_ , executors, administrators, or other legal representatives of such person. (f) "Prime Rate" means the annual percentage rate of interest established from time to time by the Royal Bank, Main Branch, Victoria, British Columbia as the base rate that will be used to determine rates of interest charged by it for Canadian dollar loans to customers in Canada and designated by the Royal Bank as the prime rate. (g) "License Fee" means the Basic Fee, and any other amounts payable to the Licensor by the Licensee under this License to Occupy. (h) "Term" means the term as set out in clause 4.1 of this License to Occupy. 1.2 All of the provisions of this License to Occupy will be deemed and construed to be conditions as well as covenants as though the words specifically expressing or importing covenants or con ditiV110 6vere used in eaC11-1 separate clause of this License to Occupy. 1.3 The words "herein", "hereby", "hereunder", and words of similar import refer to this License to Occupy as a whole and not to any particular article, clause, or subclause of the License to Occupy. 1.4 The captions and headings throughout this License to Occupy are for convenience and reference only and the words and phrases used in the captions and headings will in no way be held or deemed to define, limit, describe, explain, modify, amplify, or add to the interpretation, construction, or meaning of any clause or the scope or intent of this License to Occupy, nor in any way affect this License to Occupy. -2- C:\Users\davidbyppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\TI2YSN4M\MREC_Licence_to_Occupy_Agreement_2012.docx 2. GRANT 2.1 Subject to the terms and conditions of this License to Occupy, the Licensor hereby grants the Licensee: (a) the right to construct, improve, repair, maintain, operate, and manage the Horse jumping course in the License Area; (b) the exclusive right to possess and occupy the Horse Jumping Course; and (c) a non-exclusive right to access and use the License Area, including without limitation the Additional Facilities, in connection with the purposes set out in subclause 2.1(a), of liz; 've immediately upon the execution and delivery of this License to Occupy. 3. PAYMENT OF LICENSE FEES 3.1 License Fees. In addition to all other obligations of the Licensee under this License to Occupy, and subject to clause i7.1 of this License to Occupy: (a) In Year One through Year Three of the Term, the Licensee covenants and agrees to pay to the Licensor an. annual License Fee: (i) Basic Fee in the amount of $10,000 per annum, payable in 2 equal installments with the first being on June 30th and the second being on November 30th of each year of this agreement. 3.2 Deposit. The Licensor acknowledges receipt of a deposit of $100.00 which will be applied toward the Basic Fee payment specified in subclause 3.1(a) (i). 3.3 Payments Generally. All payments by the Licensee to the Licensor of whatsoever nature required or contemplated by this License to Occupy will be: (a) paid to the Licensor by the Licensee in lawful currency of Canada; (b) made when due under this License to Occupy, without prior demand and without any set-off, abatement, or deduction whatsoever, at the office of the Licensor or such other place as the Licensor may designate from time to time to the Licensee; (c) applied towards amounts then outstanding under this License to Occupy, in such manner as the Licensor may see fit; and (d) deemed to be License Fees, in partial consideration for which this License to Occupy has been entered into, and will be payable and recoverable as License Fees, such that the Licensor will have all of the rights and remedies against the Licensee for default in making any such payment that may not be expressly designated as license fees, as the Licensor has for default in payment of License Fees. 3.7 Interest on Amounts in Arrears. When the License Fees are in arrears, such amounts will bear interest, including interest on overdue interest, at the Prime Rate per annum plus 3% calculated monthly not in advance from the date due until paid, irrespective of whether or -3- C:\Users\davidb\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0 utlook\Tl2YS N4 M\M R EC_Licence_to_Occupy_Agreement_2012.docx not the Licensor demanded payment. The Licensor will have all the remedies for the collection of such interest, if unpaid after demand, as in the case of License Fees in arrears, but this stipulation for interest will not prejudice or affect any other remedy of the Licensor under this License to Occupy. If a court declares or holds the Prime Rate to be void or unenforceable for any reason including uncertainty, then the rate of interest payable on amounts in arrears under this License to Occupy will be eighteen percent (18%) per annum calculated monthly not in advance from the date due until paid. 3.8 GST/HST. The Licensee agrees to pay to the Licensor at the times required by the applicable legislation all goods and services taxes or harmonized sales taxes payable under the Excise Tax Act (Canada) or such other tax as may be substituted for those taxes from time to time. 4, OPERATIONS AND PRICING 4.1 Term. The Term of this License to Occupy shall be three (3) years from the Commencement Date. Provided that the License default under Occupy, the Licensee vac. riwiuCu uia� the Licensee is ii0t in ueiaui� u�ic�er this License t0 shall have the right to renew the term for three (3) further terms of three (3) years each (each a "Renewal Ter � i "), with i the first Renewal Term to be on exactly the same terms and conditions as for the initial Term, including. without limitation the License Fees, and the second Renewal Term to be on exactly the same terms and conditions as for the initial Term and first Renewal Term except with respect to the Basic Fee which will be negotiated between the parties, but in no event will the Basic Fee for the second Renewal Term be more than seven percent (7%) higher than the initial Term. 4.2 Licensee Responsibilities. The Licensee, shall be the operator of the Horse Jumping Course including but not limited to design, installation, staff training, staff scheduling, demonstrations, supervision, guiding, inspection, and maintenance. 4.3 Hours of Operation. The Horse Jumping Course will be open year-round, where operationally reasonable and where weather permits, with hours of operation reflecting the seasons, public demand and the operational necessities of the Licensee. 4.4 Garbage disposal. The Licensee agrees to empty bear proof garbage barrels placed at the site by the District, for use by park patrons using the trial network adjacent to the site and dispose of the garbage in an appropriate manner. 5. USE OF HORSE JUMPING COURSE 5.1 The Licensee covenants and agrees with the Licensor that neither the License Area nor the Horse Jumping Course, or any part thereof, will be used for any purposes except that of an equestrian centre Horse Jumping Course, together with other facilities ancillary to and connected with the Course. 5.2 The licensor agrees to consult the licensee with regard to any other rental requests that the licensor may receive from time to time, to determine the compatibility of use as well as any potential risk of damage to the Horse Jumping Course or participants. 6. INSURANCE 6.1 Insurance. At all times following the execution and delivery of this License to Occupy until the expiration of the Term, the Licensee will, at its expense, insure and keep insured or -4- C:\Users\davidb\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\Tl2YSN4M\M REC_Licence_to_Occupy_Agreement_2012.docx cause to be insured the Horse Jumping Course with one or more companies entitled to do business in the Province of British Columbia against loss or damage by fire and other perils now or hereafter from time to time included in the commercial building form of insurance coverage applicable to similar properties as the License Area and the Horse Jumping Course and effected in the Province of British Columbia by prudent owners from time to time during the Term, including, without restricting the generality of the foregoing, the hazards of lightning, earthquake, explosion, wind storm, cyclone, tornado, hail, riot, civil commotion, malicious damage, aircraft, smoke, and vehicle damage to the extent that insurance against such risk or perils, or any of them, may be obtained in an amount equal to the full replacement value of the property being insured. 6.2 Commercial General Liability. At all times following the execution and delivery of this License to occupy until the expiration of the Term, the Licensee will at its own expense maintain with one or more companies duly authorized to carry on business within the Province of British Columbia, commercial general liability insurance against claims for personal injury, death, or property damage or loss arising out of the use the Horse Jumping Course, indemnifying and protecting the Licensor and its respective servants and agents and the Licensee to limits approved by the Licensor from time to time, such approval not to be unreasonably withheld, but in no event shall be no less than $5,000,000 per occurrence. 6.3 Identity of Insured and Subrogation. Any and all policies of insurance referred to in the clauses-6.1 and 6.2 will: (a) be written in the name of the Licensee and the Licensor as the insured with loss oavable to the Licensor and the Licensee as their respective interests may appear; (b) contain a cross -liability clause and a waiver of subrogation clause in favour of the Licensor; (c) contain a clause to the effect that any release from liability entered into by the Licensee prior to any loss will not affect the right of the Licensee, the Mortgagee, or the Licensor to recover; (d) contain a provision or bear an endorsement that the insurer will not cancel such policy without first giving the Licensor and the Mortgagee at least 30 days' notice in writing of its intention to cancel; and (e) generally be written on forms and by companies reasonably acceptable to the Licensor. 6.4 Release of Licensor from Liability for Insured -Lass ar Dama e. The Licensee hereby releases the Licensor and its servants, agents, successors, and assigns from any and all liability for loss or damage caused by any of the perils against which the Licensee has insured or pursuant to the terms of this License to Occupy is obligated to insure the Horse Jumping Course, or any part or parts of them, and the Licensee hereby covenants to indemnify and save harmless the Licensor and its respective servants, agents, successors, and assigns from and against all manner of actions, causes of action, suits, damages, loss, costs, claims, and demands of any nature whatsoever relating to such insured loss or damage or loss or damage that the Licensee is obligated to insure, provided that the loss or damage was not caused by the negligent or willful misconduct of the Licensor or its agents or employees. -5- C:\Users\davidb\AppData\Local\Microsoft\Windows\Temporary Internet Files\ContentOutlook\Tl2YSN4M\M R EC_Licence_to_Occupy_Agreement_2012.docx 6.5 Workers' Compensation Coverage. At all times following the execution and delivery of this License to Occupy until the expiration of the Term, the Licensee will at its own expense procure and carry, or cause to be procured and carried and paid for, full workers' compensation coverage in respect of all workers, employees, servants, and others engaged in or upon any work, non-payment of which would create a lien on the Lands or the Horse jumping Course. 6.6 Pa ment of Insurance Premiums. The Licensee will pay or cause to be paid all of the premiums under the policies of insurance referred to herein as they become due and payable; and in default of payment by the Licensee, the Licensor may pay the same and add the amount so paid to the License Fees. 6.7 Copies of Insurance Policies. If requested by the Licensor the Licensee will promptly from time to time deliver or cause to be delivered to the Licensor certified copies of all policies of insurance referred to in this Article 6 and obtained and maintained by the Licensee, accompanied by evidence satisfactory to the Licensor that the premiums on those policies have been paid. 6.8 Insurance May be Maintained by Licensor. The Licensee agrees that should the Licensee at any time during the Term fail to insure or keep insured the Horse Jumping Course against loss or damage by fire and other perils as required under clause 6.1, or fail to maintain insurance against claims for personal injury, death, or property damage or loss as required under clause 6.2, then in any of such events, the Licensor, although not obliged to do so, may obtain and maintain such insurance in such amount or amounts with such deductible amounts and for such period or periods of time as the Licensor deems advisable: and the Licensee will pay to the Licensor as Additional Fees, upon the Licensor obtaining any such insurance and thereafter annually during the Term, within 30 days after receipt of any invoice from the Licensor, such amounts as the Licensor has expended for such insurance. If the Licensor pays for or obtains and maintains any insurance pursuant to this clause, the Licensor will submit to the Licensee annually a statement of the amount or amounts payable by the Licensee under this clause as the cost of such insurance for the next ensuing year, and upon receipt of payment will apply the payment on account of the premiums of such insurance with the loss, if any, thereunder payable to the Licensor, the Licensee, and any Mortgagee as their interests may appear. 7. REPAIRS AND MAINTENANCE 7.1 Licensor Not Obliged to Repair. The Licensor will not be obliged to furnish any services or facilities or to make repairs or alterations in or to the Horse Jumping Course or the Additional Facilities, the Licensee hereby assuming the full and sole responsibility for the condition, operation, repair, maintenance, and management of the Horse Jumping Course and the Additional Facilities; provided, however, the Licensee will not be responsible for any required capital improvements to the Additional Facilities. 7.2 Repair by the Licensee. The Licensee will during the Term, at its cost, by itself or by the use of agents, keep in good order and condition (reasonable wear and tear excepted) the Horse Jumping Course and the Additional Facilities and the appurtenances and equipment attached thereto, both inside and outside, including but not limited to fixtures, walls, foundations, roofs, vaults, elevators (if any) and similar devices, heating and air-conditioning equipment, sidewalks, landscaping, yards and other like areas, water and sewer mains and connections, water, steam, gas, and electric pipes and conduits, and all other fixtures, -s- C:\Users\davidbwppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\Tl2YSN4M\M REC_Licence_to_Occupy_Agreement_2012.docx machinery, and equipment used or required in the operation of the Horse Jumping Course or the Additional Facilities, whether or not enumerated in this License to Occupy, and keep the Horse Jumping Course and Additional Facilities and aforesaid fixtures, appurtenances, and equipment fully usable for all of the purposes for which the Horse Jumping Course and Additional Facilities were erected and constructed and the specified fixtures, appurtenances, and equipment were supplied and installed. Such repairs will be in all respects to the standard at least substantially equal in quality of material and workmanship to the original work and material in the Horse Jumping Course and the Additional Facilities and aforesaid fixtures, appurtenances, and equipment. Notwithstanding the generality of the foregoing, the Licensee will not be responsible for any required capital improvements to the Additional Facilities. 7.3 No Unlawful Purpose. The Licensee will not use or- occupy or permit to be used or occupied the License Area, Horse Jumping Course, Additional Facilities, or any part of them for any illegal or unlawful purpose or in any manner that will result in the cancellation of any insurance, or in the refusal of any insurers generally to issue any insurance as requested. 7.4 Removal of Horse Jumping Course at Termination. At the expiration or other termination of this License to Occupy, the Licensee will, except as may be otherwise expressly provided in this License to Occupy, remove the Horse Jumping Course from the License Area, along with any other temporary or moveable fixtures, appurtenances, and equipment attached thereto, and will restore the License Area to substantially the condition that existed as of the reference date of this License to Occupy. 7.5 License Area Accepted "As Is". The Licensee accepts the License Area (including the Additional Facilities) "as is" knowing the condition of the License Area, and agreeing that the Licensor has made no representation, warranty, or agreement with respect to the License Area, except as may be otherwise expressly provided in this License to Occupy. 7.6 Repairs to the Horse jum.ping Course and Additional Facilities by Licensor. If at any time during the Term the Licensee fails to maintain the Horse Jumping Course, Additional Facilities, or the fixtures, appurtenances, and equipment attached thereto, both inside and outside, in the condition required by the provisions herein, the Licensor through its agents, servants, contractors, and subcontractors may but will not be obliged to enter upon those parts of the Horse Jumping Course and Additional Facilities required for the purpose of making the repairs required herein. The Licensor will make such repairs, only after giving the Licensee 60 days' written notice of its intention so to do, except in the case of an emergency when no notice to the Licensee is required. Any amount paid by the Licensor in making such repairs to the Horse Jumping Course or the Additional Facilities or any part or parts thereof, together with all costs and expenses of the Licensor, will be reimbursed to the Licensor by the Licensee on demand plus a 15% administration flee together with interest at the rate specified herein. 7.7 The licensee shall not remove any trees from the site without the written permission of the licensor, which may only be approved after the Licensors Arborist has deemed a tree to be dead, diseased or dangerous. 8. DAMAGE OR DESTRUCTION 8.1 License Fees Not to Abate. The partial destruction or damage by fire or other casualty of 10% or less of the Horse Jumping Course or the Additional Facilities will not terminate this -7- C:\Users\davidb\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\Tl2YSN4M\M REC_Licence_to_Occupy_Agreement_2012.docx License to Occupy or entitle the Licensee to surrender its rights under this License to Occupy or to demand any abatement or reduction of the License Fees or other charges payable under this License to Occupy, any law or statute now or in the future to the contrary. 8.2 Licensee's Obligations When the Horse Jumping Course Is Damaged or Partially Destroyed. The Licensee covenants and agrees with the Licensor that in the event of damage to or partial destruction of the Horse Jumping Course, the Licensee, subject to the regulations and requirements of the Authority and any other government authority having jurisdiction, will where commercially reasonable and possible in the event of damage to natural features integral to the operation of the Horse Jumping Course, repair, replace, or restore any part of the Horse Jumping Course or Additional Facilities so destroyed. However, the foregoing notwithstanding, where destruction of the natural features integral to the operation of the Horse Jumping Course has occurred and it is not commercially reasonable or possible to repair, replace, or restore all of the damaged portions of the Horse Jumping Course or the Additional Facilities, then either party, at its option, may terminate this License to Occupy. 9. OBSERVANCE OF REGULATIONS 9.1 The Licensee covenants with the Licensor that, notwithstanding any other provision of this License to Occupy to the contrary, throughout the Term the Licensee will comply with all provisions of law, including without limitation municipal, regional, provincial, and federal legislative enactments concerning, without limitation, all environmental, police, fire, and sanitary regulations, zoning and building bylaws, and any municipal, regional, provincial, federal or other government regulations that relate to the construction and erection of the Horse Jumping Course, to the equipment and maintenance of the Horse Jumping Course or the Additional Facilities, to the operation, occupation, and use of the Horse Jumping Course, Additional Facilities, or the License Area to the extent that the Licensee operates, occupies, and uses the Horse Jumping Course, Additional Facilities, or the License Area, and to the making of any repairs, replacements, alterations, additions, changes, substitutions, or improvements of or to the Horse Jumping Course, Additional Facilities, or the License Area or any part of them. 9.2 The Licensor shall be responsible for the provision and posting of all park regulation signs at the site which ay include, but are not limited to litter, dog bylaws and park hours 9.3 The licensee shall be responsible for the provision and posting of all signs required to warn park patrons and equestrians of safe practices and prohibitions at the Horse Jumping Course. 9.4 The above does not preclude the licensee and licensor collaborating on the production of mutually agreeable signs if they so wish. but are not obliged to do so. Signs may include observance of event safety protocols, obeying Field Marshall's instructions and other rules that may be deemed appropriate from time to time. offiTIMMIETIffiro 10.1 Breach. Violation, or Non -Performance of Covenants by _Licensee. The Licensee will indemnify and save harmless the Licensor, its servants, agents, successors, and assigns from any and all manner of actions, causes of action, suits, damages, loss, costs, builders' liens, claims, and demands of any nature whatsoever relating to and arising out of any -s- C:\Users\davidb\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\T12YSN4M\M REC_Licence_to_Occupy_Agreement_2012.docx breach, violation, or non-performance of any covenant, condition, or agreement in this License to Occupy to be fulfilled, kept, observed and performed by the Licensee. 10.2 Iniury. Damage, or Loss of Pro ert . The Licensee will indemnify and save harmless the Licensor from any and all manner of actions, causes of action, suits, damages, loss, costs, claims, and demands of any nature whatsoever relating to and arising directly or indirectly from the Licensee's occupation or use of the License Area, Horse Jumping Course, or Additional Facilities, or the exercise of any contractual rights under this Licence, including without limitation: (a) any injury to person or persons, including death resulting at any time; and (b) any damage to or loss of property; however, no provision of this License to Occupy will require the Licensee to indemnify the Licensor against any actions, causes of actions, suits, claims, or demands for damages arising out of the willful or negligent acts'or omissions of the Licensor, its servants, agents, or contractors, unless the act or omission involves a peril against which the Licensee is obligated to place insurance, in which case the release and indemnity specified herein absolves the Licensor of all liability with respect to the act or omission. 10.3 Indemnification Survives Termination of License to Occu . The obligation of the Licensee to indemnify the Licensor under any provision of this License to Occupy with respect to liability by reason of any matter arising prior to the end of the Term, will survive any termination of this License to Occupy, anything in this License to Occupy to the contrary notwithstanding. 11. ASSIGNMENT 11.1 (a) Except as expressly provided in this Article, the Licensee will not assign this License to Occupy in whole or in part. 12. DEFAULT AND TERMINATION 12.1 If: (a) the Licensee breaches its obligation to pay the License Fees in the amounts and at the times provided in this License to Occupy; (b) the Licensee breaches its obligation to insure and maintain such insurance strictly in accordance with Article 6; (c) the Licensee makes a general assignment for the benefit of creditors, consents to or is adjudicated bankrupt or insolvent, applies, petition or consents to reorganization or readjustment of its indebtedness under the Bankruptcy and Insolvency Act or the Companies Creditors Arrangement Act; (d) a receiver, receiver manager, interim receiver or trustee is appointed of substantially all of the Licensee's property, or of the Horse Jumping Course; -9- C:\Users\davidb\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\Tl2YSN4M\M R EC_Licence_to_Occupy_Agreement_2012.docx (e) the Licensee is struck from the Registrar of Companies in British Columbia, or is wound -up or dissolved voluntarily, or by order or otherwise; (f) the Licensee ceases to operate for a period of sixty days without the written approval of the Licensor; or (g) the Licensee is otherwise in breach of its obligations under this License to Occupy, (each individually, an "Event of Default") and, provided such Event of Default is capable of being cured, the Licensee fails to cure such Event of Default within 30 days of receiving written notice thereof from the Licensor, then the Licensor may terminate this License to Occupy effective immediately without further notice to the Licensee. 13. SURRENDER OF LICENSE AREA i3.i At the expiration or sooner termination of the Term, the Licensee will surrender the License Area to the Licensor in the condition in which it was required to be kept by the Licensee under the provisions of this License to Occupy, except as otherwise expressly provided in this License to Occupy. The Licensee will not be entitled to any compensation from the Licensor for surrendering the License Area as provided. 14. OWNERSHIP OF HORSE JUMPING COURSE 14.1 Licensor's Right to Encumber. The Licensee acknowledges that the Licensor has the right to charge the Lands, or any part of them. by way of easement, right of way, or restrictive covenant in favour of a Crown corporation or agency, a municipality, a regional district, or other government agency or authority. The Licensor covenants and agrees that it will not to register any charge against the Lands or grant any license or contract rights to a third party if such charge or rights would interfere with the Licensee's use of the License Area, horse jumping course, or Additional Facilities as permitted and contemplated in this License to Occupy. 14.2 Ownership of the Horse Jumping_ Course. The Licensor and the Licensee agree that the title to and ownership of the Horse Jumping Course and all alterations, additions, changes, substitutions, or improvements to it will at all times both during and after expiration of the Term and any Renewal Term be vested in the Licensee, notwithstanding any rule or law as to the immediate vesting of the title to and ownership of the Horse Jumping Course in the Licensor as owner of the freehold. The title to and ownership of the Horse Jumping course will not pass to or become vested in the Licensor unless at the expiration of the Term either by forfeiture, default, or lapse of time under the terms of this License to Occupy, the Licensee, with the consent of the Licensor elects to not remove the Horse Jumping Course, in which event the Horse Jumping Course will become the absolute property of the Licensor free of all encumbrances. 15. NOTICE 15.1 All notices, demands, and requests that may be or are required to be given pursuant to this License to Occupy will be in writing and will be sufficiently given if served personally upon the party or an executive officer of the party for whom it is intended or mailed prepaid and registered addressed to the parties at the addresses set out on the title page of this License to Occupy, or such other addresses as the parties may from time to time advise by notice in -10- C:\Users\davidb\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\Tl2YSN4M\M REC_Licence_to_Occupy_Agreement_2012.docx writing. Mortgagees of this License to Occupy will supply their respective mailing addresses to the Licensor and the Licensee. The date of receipt of any such notice, demand, or request will be deemed to be the date of delivery if such notice, demand, or request is served personally or if mailed on the second business day following the date of such mailing, provided however that if mailed, should there be between the time of mailing and the actual receipt of the notice a mail strike, slowdown of postal service, or other labour dispute that affects the delivery of such notice, then such notice will be deemed to be received when actually delivered. 16. ENVIRONMENTAL 16.1 For purposes of this Article: (a) "Environmental Contaminants" means any contaminants, pollutants, hazardous, corrosive or toxic substances, flammable materials, explosive materials, radioactive materials, dangerous goods, microwaves, hazardous waste, urea formaldehyde, asbestos, noxious substances, compounds known as chlorobiphenyls, mould, and any other substance or material the storage, manufacture, disposal, treatment, generation, use, transport, remediation, or release of which into the environment is prohibited, regulated, controlled, or licensed under Environmental Laws; and (b) "Environmental Laws" means any laws, statutes, regulations, orders, bylaws, permits or lawful requirements of any government authority with respect to environmental protection, or regulating, controlling, licensing, or prohibiting Environmental Contaminants. - 16.2 The Licensor represents and warrants to the Licensee, and acknowledges that the Licensee is relying on such representations and warranties in entering into this License to Occupy, that as of the date of this License to Occupy, the Lands are free of Environmental Contaminants, except in amounts which are permissible under Environmental Laws. 16.3 The Licensee covenants and agrees not to bring onto the License Area for any purpose whatsoever any matter considered by the Licensee, acting reasonably, to be an Environmental Contaminant. 17. MISCELLANEOUS 17.1 Licensee's Improvements to Additional Facilities: Right to Set -Off Against License Fees. The Licensor hereby consents to the Licensee performing such improvements to the Additional Facilities as are reasonably required or desirable for the operation of the Horse Jumping Course as contemplated herein. 17.2 Covenant Res ectin Charges, Encumbrances and Licenses. The Licensor covenants with the Licensee that the Licensor has a good and marketable title in fee simple to the Lands and that the Licensor has not at any time prior to the reference date of this License to Occupy made, done, committed, executed, or willfully or knowingly permitted any act, deed, matter, or thing whatsoever whereby the Lands or any part of the Lands are charged or encumbered in title or estate other than the subsisting exceptions and reservations contained in the original grant of the Lands from the Crown and any restrictive covenants and/or easements and/or rights -of -way in favour of the Licensor or other public bodies that may be registered against the Lands. The Licensor also covenants that it has not at any time prior to the reference date of this License to Occupy granted any license or contract rights to -11- C.\Users\davidb\AppRata\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\Tl2YSN4M\M REC_Licence_to_Occupy_Agreement_2012.docx a third party that would interfere with the Licensee's use of the License Area, Horse Jumping Course, or Additional Facilities as permitted and contemplated in this License to Occupy. 17.3 Covenant Respecting Authoritv to License to Occupy. The Licensor covenants with the Licensee that it now has in itself good right, full power, and authority to License to Occupy the Lands to the Licensee in the manner and according to the true intent of this License to Occupy. 17.4 Waiver by Licensor. The failure of the Licensor to insist upon the strict performance of any covenant or agreement of this License to Occupy will not waive such covenant or agreement, and the waiver by the Licensor of any breach of any covenant or agreement of this License to Occupy will not waive such covenant or agreement in respect of any other breach. The receipt and acceptance by the Licensor of License Fees or other moneys due under this License to Occupy with knowledge of any breach of any covenant or agreement by the Licensee will not waive such breach. No waiver by the Licensor will be effective unless made in writing. 1i S. ULIVERAL PROVISIONS 18.1 Time of the Essence. Time is of the essence of this License to Occupy and no extension or variation of this License to occupy shall operate as a waiver of this provision. 18.2 No Modification. This License to Occupy may not be modified or amended except by an instrument in writing of equal formality as this License to Occupy executed by the Licensor and the Licensee or by the successors or assigns of the Licensor and the successnrs or permitted assigns of the Licensee. 18.3 Remedies Cumulative. No reference to or exercise of any specific right or remedy herein shall prejudice or preclude the non -breaching party from any other remedy at law or equity or expressly provided for herein, and the non -breaching party may from time to time exercise any one or more remedies independently or in combination. 18.4 Successors and Assigns. It is agreed that these presents will extend to, be binding upon, and enure to the benefit of the Licensor and the Licensee and the successors and assigns of the Licensor and the successors and permitted assigns of the Licensee. 18.5 Governing Law. This License to Occupy shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein. 18.6 Counterparts. This License to Occupy may be executed in several counterparts, including by facsimile; each of which when executed shall hp cleemed to he an original and ci ink v ci in i counterparts together shall be but one and the same instrument. 18.7 Survival. Any provision of this License to Occupy that explicitly or by implication extends past the expiration or termination of this Agreement shall continue in force notwithstanding the termination or expiry of this Agreement, unless a shorter survival period is specifically set out. 18.8 Further Acts. Each of the parties to this License to Occupy shall, at the request of any other party, execute and deliver any further documents and do all acts and things as that parry may reasonably require in order to carry out the true intent and meaning of this Agreement. -12- C:\Users\davidb\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\Tl2YSN4M\M R EC_Licence_to_Occupy_Agreement_2012.docx IN WITNESS WHEREOF, the Licensor and the Licensee have executed this License to Occupy as of the date first above given. LICENSOR: The Corporate Seal of the DISTRICT OF MAPLE RIDGE was hereunto affixed in the presence of: Mayor: Manager, Legislative Services: LICENSEE: The Corporate Seal of the [MREC Holdings Ltd.] was hereunto affixed in the presence of: Jack Polo, Authorized Signatory C/S C/S -13- C:\Users\davidb\AppData\Local\Microsoft\Windows\Temporary Internet Files\ContentOutlook\Tl2YSN4M\MREC_Licence to_OCcupy_Agreement_2012.docx