HomeMy WebLinkAbout2008-07-22 Council Meeting Agenda and Reports.pdfDistrict of Maple Ridge
COUNCIL MEETING AGENDA
July 22, 2008
7:00 p.m.
Council Chamber
MEETING DECORUM
Council would like to remind all people present tonight that serious issues are
decided at Council meetings which affect many people's lives. Therefore, we ask that
you act with the appropriate decorum that a Council Meeting deserves. Commentary
and conversations by the public are distracting. Should anyone disrupt the Council
Meeting in any way, the meeting will be stopped and that person's behavior will be
reprimanded.
Note: This Agenda is also posted on the Municipal Web Site at www.mapleridge.ca
The purpose of a Council meeting is to enact powers given to Council by using bylaws
or resolutions. This is the final venue for debate of issues before voting on a bylaw or
resolution.
100 CALL TO ORDER
200 OPENING PRAYERS
Pastor Harry Loewen, East Ridge Fellowship Church
300 INTRODUCTION OF ADDITIONAL AGENDA ITEMS
400 APPROVAL OF THE AGENDA
500 ADOPTION AND RECEIPT OF MINUTES
501 Minutes of the Regular Council Meeting of July 8, 2008
502 Minutes of the Development Agreements Committee Meetings of July 7,
2008
Page 1
Council Meeting Agenda
July 22, 2008
Council Chamber
Page 2of6
600 PRESENTATIONS AT THE REQUEST OF COUNCIL
700 DELEGATIONS
800 UNFINISHED BUSINESS
900 CORRESPONDENCE
1000 BY-LAWS
Bylaws for First, Second and Third Reading
1001 Development Application Fees
Staff report dated July 11, 2008 recommending that Maple Ridge
Development Application Fee Amending Bylaw No. 6592-2008 be given
first, second and third readings.
First, second and third readings
Bylaws for Final Reading
1002 Maple Ridge Rental Premises Standards of Maintenance Bylaw No.
6550-2008
To prescribe standards for the maintenance of residential rental premises.
Final reading
1003 Maple Ridge Ticket Information System Utilization Bylaw No. 6583-2008
To introduce ticket information for certain offences under the new Rental
Premises Standards of Maintenance Bylaw.
Final reading
1004 Maple Ridge Recreation Facility Fees Amending Bylaw No. 6588-2008
To increase all admission and facility rental fees not increased in the
previous bylaw.
Final reading
Council Meeting Agenda
July 22, 2008
Council Chamber
Page 3 of 6
COMMITTEE REPORTS AND RECOMMENDATIONS
1100 COMMITTEE OF THE WHOLE
1100 Minutes - July 7 and 14, 2008
The following issues were presented at an earlier Connnittee of the Whole meeting with
the recommendations being brought to this meeting for Municipal Council consideration
and final approval. The Committee of the Whole meeting is open to the public and is held
in the Council Chamber at 1:00 p.m. on the Monday the week prior to this meeting.
Public Works and Development Services
1101 RZ/093/06, 23024, 23000 and 23050 136 Avenue, RS-3 to R-1, R-3, RS-
1b and RST
Staff report dated July 9, 2008 recommending that Maple Ridge Official
Community Plan Amending Bylaw No. 6580-2008 and Maple Ridge Zone
Amending Bylaw No. 6581-2008 to permit the development of 84 single
family lots and 6 street townhouse units be given first reading and
forwarded to Public Hearing.
1102 DVP/063/06, 13819, 13829, 13833, 13837, 13841, 13851, 13857,
13863 and 13875 232 Street; 23156, 23166, 23176 and 23186
Foreman Drive; and 22925 to 23185 Gilbert Drive
Staff report dated July 7, 2008 recommending that the Corporate Officer be
authorized to sign and seal DVP/063/06 to permit an increase in the
maximum height for buildings in Phases 5 and 5A of the development site.
1103 Award of Contract - Extension of Watermain
Staff report dated July 8, 2008 recommending that Contract E03-010-068
for a 267 Street Watermain south of Dewdney Trunk Road to 118 Avenue
be awarded to Lups Contractors Ltd.
1104 DVP/074/06 and DP/007/05, 24100 block 104 Avenue, Lots 1-34
Staff report dated July 14, 2008 recommending that the Corporate Officer
be authorized to sign and seal DVP/074/06 to vary the maximum building
Height in the R-3 (Special Amenity Residential District) and further that the
Corporate Officer be authorized to sign and seal DP/007/05 for a 34 lot
subdivision.
Council Meeting Agenda
July 22, 2008
Council Chamber
Page 4of6
Financial and Corporate Services (including Fire and Police)
1131 UBCM Emergency Planning Grant Application 2008
Staff report dated July 3, 2008 recommending that the attached 2008
Emergency Planning Grant application for submission to the Union of
British Columbia Municipalities be approved.
1132 2009-2011 Council Indemnity
Staff report dated July 9, 2008 recommending that an increase in
indemnities to Mayor and Councillors, the simplification of the mileage
reimbursement structure and the option of transferring any unused training
fund to an RRSP be approved.
Community Development and Recreation Service
1151 Proposal from ERA Ecosystem Restoration Association
Staff report dated July 4, 2008 recommending that the Corporate Officer be
authorized to execute the attached amendment agreement with ERA
Ecosystem Restoration Associates Inc.
1152 Arts Centre and Cultural Services Operating Agreement and Lease
Staff report dated July 9, 2008 recommending that the Corporate Officer be
authorized to execute the Maple Ridge Arts Centre and Cultural Services
Operating Agreement as attached.
1153 Lapidary Club Lease Renewal
Staff report dated July 9, 2008 recommending that the Corporate Officer be
authorized to execute the attached lease agreement with the Lapidary
Club.
Correspondence
Other Committee Issues
Council Meeting Agenda
July 22, 2008
Council Chamber
Page 5 of 6
1200 STAFF REPORTS
1201 Heritage Day Events - Use of Streets
Staff report dated July 14, 2008 recommending that the use of municipal
streets be authorized for Heritage Day Events on Saturday, August 2, 2008.
1300 RELEASE OF ITEMS FROM CLOSED COUNCIL
District of Maple Ridge/Shaw Municipal Access Agreement
(from the July 7, 2008 Closed Council)
River Road Storm Sewer Right -of -Way Alignment
(from the July 7, 2008 Closed Council)
1400 MAYOR'S REPORT
1500 COUNCILLORS' REPORTS
1600 OTHER MATTERS DEEMED EXPEDIENT
1700 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETING
1800 'QUESTIONS FROM THE PUBLIC
1900 ADJOURNMENT
Council Meeting Agenda
July 22, 2008
Council Chamber
Page 6of6
QUESTION PERIOD
The purpose of the Question Period is to provide 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 which have not yet reached conclusion.
Council will not tolerate any derogatory remarks directed at Council or staff
members.
If a member of the public has a concern related to a Municipal staff member, it
should be brought to the attention of the Mayor and/or Chief Administrative Officer
in a private meeting.
The decision to televise the Question Period is subject to review.
Each person will be permitted 2 minutes only to ask their question (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 individual
members of Council. The total Question Period is limited to 15 minutes.
If a question cannot be answered, it will be responded to at a later date at a
subsequent Council Meeting.
Other opportunities to address Council may be available through the Clerk's
Department who can be contacted at (604) 463-5221.
Checked by
Date: 0$
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
DEVELOPMENT AGREEMENTS COMMITTEE
MINUTES
July 7, 2008
Mayor's Office
PRESENT:
Gordon Robson, Mayor
Chairman
Paul Gill, Acting Chief Administrative Officer
Member Amanda Allen, Recording Secretary
1. DP/011/07
LEGAL: Lot 45, District Lot 397, Group 1; New Westminster
District, Plan 9218
LOCATION: 22190 Cliff Avenue
OWNER: 0759355 B.C. Ltd.
REQUIRED AGREEMENTS: Geotechnical Covenant; Enhancement & Protection
Covenant
THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING
DOCUMENT AS IT RELATES TO DP/011/07.
Gordon Robson, Mayor
Chairman
e
PauT Gill, Acting Chief Administrative Officer
Member
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CORPORATION OF
..,J �THE DISTRICT OF
�/�en J��7''�■�_ MAPLE RIDGE
NIAJT RIDGE PLANNING DEPARTMENT
DATE: Feb 5, 2007 FILE: DP1011107 BY: PC
MAPLE RIDGE
Deep Roots
Greater Heights
TO:
FROM:
SUBJECT:
District of Maple Ridge
His Worship Mayor Gordon Robson
and Members of Council
Chief Administrative Officer
Development Application Fees
DATE: July 11, 2008
ATTN: Council
EXECUTIVE SUMMARY:
As part of an ongoing review of District fees and charges, Council has approved updates to various
bylaws in the past several months, including development cost charges and recreation facility fees.
The next fees due for an update are those related to development applications. This work supports
previous Council direction during the 2008-2012 business planning process that provided approval
for a planning technician funded through fee increases.'
It is proposed that the fees be increased at a rate consistent with the operating cost inflation since
2001, when the rates were last adjusted. A delay in adopting fee increases will cause property
owners to subsidize development services to a higher degree than intended.
RECOMMENDATION:
That Maple Ridge Development Application Fee Amending Bylaw No. 6592-2008 be read. a first,
second and third time.
DISCUSSION:
a) Background Context:
The rates currently being charged for development application services are. those adopted in
2001. Since that time, department operating costs have risen over 21%. This number
excludes the increase in operating costs due to growth -related increases, such as the
addition of staff. Costs that are not recovered through fees, in effect must be recovered
through property taxation.
To illustrate this point, Chart 1 represents 2001 costs as a whole, with 17.5% being funded
through fees and the balance through property taxation. Chart 2 illustrates the impact when
costs are increasing, and revenue collected through fees remains the same: the amount
that must be recovered through property taxation increases.
1001
Chart 1
Property
Taxation
Fooe
Property
Taxation
Chart 2
Fees
After eliminating the impact of cost increases due to growth and revenue increases due to
volume, it is clear that costs recovered through fees were much higher in relation to those
recovered through property taxation in 2001. A delay in adopting fee increases will cause
property owners to subsidize development services to a higher degree than intended.
A comprehensive review was undertaken in order to compare our existing and proposed
rates to those of surrounding municipalities. Difficulties arose in comparing on a fee -by -fee
basis; for example, some municipalities offer a service for a flat rate, and others use a flat
rate with a variable charge per unit. With upwards of 30 different rates for various services,
a fee -by -fee comparison was too cumbersome, and an alternate approach was applied.
Four development scenarios were developed to simulate realistic development applications,
each with their own requirements for services. We requested municipalities to estimate the
cost for all required services, so that a comparison could be achieved. Responses were
received from Coquitlam, Port Moody, Township of Langley, Mission, Abbotsford, Pitt
Meadows, Delta and Chilliwack.
Our existing rates rank us in the mid to low price range for the collection of services among
the nine municipalities. Applying the proposed fee increases would result in a ranking within
the middle third, with Coquitlam, Township of Langley and Port Moody pricing higher in three
scenarios. In the fourth scenario, Langley did not provide a response so the proposed rates
would rank in the top third, with Coquitlam and Port Moody priced higher. Charts that display
the results of the comparison model are attached to this report.
The attached bylaw proposes a rate increase to come into effect November 1, 2008,
providing customers with adequate notice of the change. Additional increases are also
included in the bylaw, at a rate consistent with the union contract wage increase to be
implemented April 1 each year from 2009 through 2011. Such a strategy is used elsewhere
and will ensure fees keep up with inflation. A new fee for landscape design review and
inspection has also been created and is included in the bylaw.
b) Desired Outcome:
Related costs are not fully recovered through development fees; however, there is a need for
the rates to keep pace with cost inflation within the departments.
c) Strategic Alignment:
Financial Sustainability Policy 9.0 addresses the need to review fees and adjust fees
annually. In support of this policy, the bylaw includes rate schedules for 2008 through 2011,
to ensure the fees keep pace with department cost increases. The policy also requires that
2
no less than 3 months notice is given, which is addressed by having the first of the proposed
rates come into effect November 1, 2008.
d) Citizen/Customer Implications:
It is important to note that customers have had the same rates for 7 years. The increases
proposed should be considered within that context. The fee increases to rates will result in a
$1,700 increase per unit in the low-rise apartment building scenario used in the comparison
model, from the existing $8,000 to $9,700, consistent with the 7-year operating cost
inflation. Fees for the high-rise residential scenario fee increases $1,480 per unit; the town-
house scenario fees rise $1,320; and single family unit fees would increase by $987.
e) Business Plan/Financial Implications:
The implication of not passing cost increases on through fees results in a shift of the cost
burden onto property taxation. This funding source is under constant pressure from a variety
of fronts, and addressing fee increases on a regular basis is a sound financial practice.
f) Alternatives:
A variety of alternatives exist, including no increase, or varying the increase rate. The rate
chosen represents the increase in operating costs excluding growth -related additions such as
the addition of staff, and it puts the District's fees in the mid -range when compared with
neighbouring municipalities.
CONCLUSIONS:
When fees do not keep pace with operating cost inflation, the cost burden is shifted to general
revenue and funded by property taxation. It is proposed that the cost inflation experienced over this
7-year period since 2001 be built into the rates, and further, than the bylaw include several annual
increases based upon contract cost increases that will occur through 2011.
Attachments:
Maple Ridge Development Application Fee Amending Bylaw No. 6592-2008
Development Scenario Fee Comparisons
46;; . :i��
Prepay ura Benson, CMA
Manager of Sustainability and Corporate Planning
� \ 4
Approve by: Paul Gill, BBA, CGA
GM - Corporate & Financial Services
Concurrengp: J.L. (Jim) Rule
J{�u �' Chief Administrative Office
$16,000
$14,000
$12,000
$10,000
$8,000
$6,000
$4,000
$2, 000
Development Scenario Fee Comparisons
Scenario #1 - Low -Rise Apartment Building; Planning Fees
$14,653
$10,706
$9 726
$7,754 $8,0
5
$8,034
$5,350
$4,81�
$3, 006
$- .
Chilliwack Delta Pitt Abbotsford Maple Mission Coquitlarn Langley TS Port Moody
Meadows Ridge
$30, 000
$25, 000
$20,000
$15,000
$10,000
$5, 000
Fi
Scenario 92 - High -Rise Residential Tower; Planning Fees
$27,554
I
$17,937
- -- -- $8,484 — $8,399
$7,D 0 $7,262
$5,050 $5,794
$3,128-
N/A
Langley TS Chilliwack Pitt Delta Maple Mission Abbotsford Coquitlam PortMoody
Meadows Ridge
$14, 000
$12,000
$10,000
$8,000
$6, 000
$4, 000
$2,000
$12,000
$10,000
$8,000
$6, 000
$4, 000
$2,000
Development Scenario Fee Comparisons
Scenario #3 - Townhouse Development; Planning Fees
$12,830
$10,645
$9,020
$7,545
$6, 950
$6,2 5 $6,489
$4,233 $4,545 $4,800
)elta Chilliwack Pitt Maple Mission Abbotsford Langley TS Port Moody Coquiflam
Meadows Ridge
Scenario #4 - Single Family Development; Planning Fees
$11,116
!
$9,287
r—
$7,003
$5,642 $5,611
$5,253
$4,6 5 $4,830
$3,985
f
$2,172
i
Chilliwack Delta Maple Pitt Mission Abbotsford Langley TS Port Moody Coquitlam
Ridge Meadows
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6592-2008
A bylaw to amend Maple Ridge Development Application Fee Bylaw No. 5949-2001
WHEREAS, it is deemed expedient to further amend Maple Ridge Development Applications Fee
Bylaw No. 5949-2001 as amended;
NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge enacts as
follows:
1 This bylaw shall be cited for all purposes as "Maple Ridge Development Application Fee
Amending Bylaw No. 6592-2008".
2 Bylaw No. 5949-2001 is hereby amended by deleting Schedule "A" in its entirety and
replacing it with the attached Schedule "A".
READ a first time on the day of
2008
READ a second time on the day of
2008
READ a third time on the day of
2008
RECONSIDERED and ADOPTED this day of
2008
PRESIDING MEMBER
CORPORATE OFFICER
Attachments: Schedule "A"
Schedule "A"
A. REZONING
(a)
to permit single family residential
development
(b)
to permit multi -family residential
development
(c)
to permit commercial, industrial or
institutional development
(d)
to change the text of the Zoning Bylaw:
(i) where not accompanied by an
application to amend the zoning of
land
(e)
to extend an inactive rezoning
application
(f)
to permit a Comprehensive Development
Zone (additional to rezoning)
B. AMENDMENTS TO THE OFFICIAL COMMUNITY
PLAN
(a) where accompanied by an application for
rezoning
(b) where not accompanied by an
application for rezoning
(c) to permit a temporary industrial use
permit/ temporary commercial use
permit
C. DEVELOPMENT PERMITS FOR ONE SINGLE
FAMILY UNIT
(Environmental)
DEVELOPMENT PERMITS FOR ALL OTHER
PURPOSES
MINOR AMENDMENTS TO AN ISSUED
DEVELOPMENT PERMIT
D. DEVELOPMENT VARIANCE PERMITS FOR A
SINGLE FAMILY UNIT
DEVELOPMENT VARIANCE PERMITS FOR ALL
OTHER PURPOSES
E. TEMPORARY COMMERCIAL AND INDUSTRIAL
USE PERMITS
F. Deleted by Bylaw 6059-2002
Nov.1 Apr.1 Apr.1 Apr.1
2008 2009 2010 2011
$2,303.00 $2,383.00 $2,479.00 $2,578.00
$4,206.00 $4,353.00 $4,527.00 $4,708.00
$4,206.00 $4,353.00 $4,527.00 $4,708.00
$1,709.00 $1,769.00 $1,839.00 $1,913.00
$606.00 $627.00 $652.00 $678.00
$1,818.00 $1,882.00 $1,957.00 $2,035.00
$939.00 $972.00 $1,011.00 $1,052.00
$1,709.00 $1,769.00 $1,839.00 $1,913.00
$1,709.00 $1,769.00 $1,839.00 $1,913.00
$618.00 $640.00 $665.00 $692.00
$2,1.82.00 $2,258.00 $2,348.00 $2,442.00
$300.00 $311.00 $323.00 $336.00
$945.00 $978.00 $1,018.00 $1,058.00
$2,182.00 $2,258.00 $2,348.00 $2,442.00
$1,879.00 $1,944.00 $2,022.00 $2,103.00
G. STRATA TITLE CONVERSION $927.00 $960.00 $998.00 $1,038.00
Schedule "A"
Nov.1
Apr.1
Apr.1
Apr.1
2008
2009
2010
2011
H. SUBDIVISIONS
(a)
Subdivision Examination
$970.00
$1,004.00
$1,044.00
$1,085.00
(consolidation/lot line adjustment)
(b)
Subdivision/Bareland Strata Examination
$2,163.00
$2,239.00
$2,329.00
$2,422.00
(2 or more lots)
(c)
Approval Fee - per new lot
$61.00
$63.00
$65.00
$68.00
(d)
Phased Strata Examination
$309.00
$320.00
$333.00
$346.00
(e)
Intent to create a Strata Plan by
$188.00
$194.00
$202.00
$210.00
declaration of Phased Development
(Form E) approval
(f)
Preliminary Subdivision Approval
$309.00
$320.00
$333.00
$346.00
Renewal
I. HERITAGE
ALTERATION PERMITS
$61.00
$63.00
$65.00
$68.00
J. PUBLIC INFORMATION MEETING
K. LAND USE INFORMATION LETTERS
L. ADMINISTRATION CHARGE
N. SOIL PERMIT (see Bylaw No. 4570-1991)
(a) within the Agricultural Land Reserve
(b) outside of the Agricultural Land Reserve
(see Bylaw No. 4570-1991)
(c) security
0. TREE CUTTING PERMIT (see Bylaw 5896-2001)
(a) more than 3 trees on a parcel of one (1)
hectare or less
(b) more than 3 trees on a parcel of one (1)
hectare or more
(c) tree replacement
P. LANDSCAPE DESIGN REVIEW AND
INSPECTION
fees based on 2% of landscaping value
minimum
maximum
$242.00
$251.00
$261.00
$271.00
$121.00
$125.00
$130.00
$136.00
$242.00 $251.00 $261.00 $271.00
$788.00 $815.00 $848.00 $882.00
$667.00 $690.00
$718.00
$746.00
$182.00 $188.00
$196.00
$204.00
(see Bylaw No.
4570-1991)
$182.00 $188.00
$196.00
$204.00
$364.00 $376.00
$391.00
$407.00
$485.00 $502.00 $522.00 $543.00
$250.00 $259.00 $269.00 $280.00
$2,500.00 $2,588.00 $2,691.00 $2,799.00
Corporation of the District of Maple Ridge
Rental Premises Standards of Maintenance Bylaw No. 6550-2008
A bylaw to prescribe standards for the maintenance of rental residential premises.
The Municipal Council of the Corporation of the District of Maple Ridge enacts as follows:
PART 1- TITLE AND INTERPRETATION
:1 - Title
This bylaw may be cited as the Rental Premises Standards of Maintenance Bylaw No. 6550-
2008
2 - Definitions
In this bylaw, the definitions in the Local Government Act, the Community Charter and
Interpretation Act govern, and the following definitions apply:
Bathroom means a room containing at least one toilet and toilet tank and one hand basin,
one bathing fixture, and constructed so that complete privacy is available to the user;
Bedding means sheets, blankets, pillows and pillow cases;
Building means any structure used or intended for supporting or sheltering any use or
occupancy;
Building Official includes the Chief Building Official, Building Inspectors, Gas/Plumbing
Inspectors, Electrical Inspectors, Trades Inspectors, Safety Officers and Plan Checkers
designated by the Building Bylaw of the Corporation of the District of Maple Ridge.
Community Kitchen means a room not part of a dwelling unit or housekeeping unit and
designed or intended for the use of the preparation of food;
Cooking Facility means an approved appliance in or upon which food may be heated;
Dwelling Unit means one or more self-contained rooms provided with sleeping, cooking and
sanitary facilities, intended for domestic use, and used or intended to be used permanently
or semi -permanently as a residence;
Hand Basin means a plumbing fixture primarily intended for the washing of hands, with hot
and cold water connected thereto;
Housekeeping Unit means a sleeping unit containing a sink and cooking facility;
Landlord includes lessor, sublessor„ owner or other person permitting the occupation of
rental premises, and his/her heirs, assigns, personal representatives and successors in title
and a person, other than a tenant occupying the premises, entitled to possession of the
rental premises;
Person includes a corporation, partnership or party, and the personal or other legal
representatives of a person ;
1002
Rental Unit means a residential living accommodation of any kind rented or intended to be
rented to a tenant under a tenancy agreement and includes, without limitation, a dwelling
unit, a sleeping unit or a housekeeping unit.
Rental Premises includes:
(a) a rental unit;
(b) a building or related group of buildings in which one or more rental units are located;
(c) the parcel or parcels of real property on which a building or related group of buildings
containing one or more rental units are located
Repair includes replacing, making additions or alterations or taking action required for the
premises to conform to the standards prescribed by this bylaw;
Sanitary Facilities means any toilet and toilet tank, urinal, bathtub, shower or hand basin;
Sink means a plumbing fixture, primarily intended for the washing of dishes and utensils,
connected to both hot and cold water;
Sleeping Unit means one or more rooms equipped to be used for sleeping and sitting
purposes only, with no cooking or sanitary facilities;
Tenancy Agreement means an agreement, whether written or oral, express or implied, having
a predetermined expiry date or not, between a landlord and tenant respecting possession of
residential premises or occupation of a room or premises in a hotel;
Tenant means a person or persons who have the right of exclusive possession of residential
premises under a tenancy agreement.
PART 2 -ADMINISTRATION AND ENFORCEMENT
3 - Application
This bylaw applies to rental premises in the Corporation of the District of Maple Ridge.
4 - Responsibility for Administration
The Building Official is authorized to administer this bylaw.
5 - Building Official's Right of Entry
The Building Official is authorized, subject to s.16 of the Community Charter, to enter, at all
reasonable times on any property that is subject to this bylaw to ascertain whether the
requirements of this bylaw are met. The Building Official shall, on request, show proper
identification.
6 - Notice to Comply to Bylaw Standards
The Building Official may direct an owner, whose rental premises fails to meet the
requirements of this bylaw, to remedy the non-compliance within the time stated by the
Building Official in a written notice to comply delivered to the owner.
-2-
7 - Penalties
A person who contravenes this bylaw commits an offence and upon summary conviction, is
punishable in accordance with the Offence Act.
8 - Owner's Duties and Obligations
An owner of Rental Premises shall maintain the Rental Premises in accordance with the
standards prescribed in this bylaw.
9 - Severability
In the event that any portion of this bylaw is declared ultra vires by a Court of competent
jurisdiction, then such portion shall be deemed to be severed from the bylaw to that extent
and the remainder of the bylaw shall continue in force and effect.
10 - Compliance With Other Bylaws
Compliance with this bylaw does not excuse an owner or any Person from the requirement to
comply with all other municipal bylaws and regulations.
PART 3 - MAINTENANCE STANDARDS
11- Structural Integrity
Buildings and their structural frame work shall be maintained in good repair and in a manner
that provides sufficient structural integrity so as to safely sustain its own weight and any
additional loads and influences to which it may be subjected through normal use.
12 - Foundations
Foundation walls and concrete slabs on ground shall be maintained in good repair and so as
to control the entrance of moisture.
13 - Exterior Walls
(1) Exterior walls and their components shall be maintained;
(a) in good repair,
(b) weather tight,
(c) free from loose or unsecured objects and materials, and
(d) in a manner so as to prevent or retard deterioration due to weather or
infestations.
(2) Canopies, marquees, awnings, screens, fire escapes, pipes, ducts, air conditioners and all
other similar equipment, attachments, extensions and their supporting members shall be
maintained in good repair, properly and safely anchored and protected against deterioration .
and decay. .
(3) Exterior wall facings, projections, cornices and decorative features shall be maintained in
good repair, and shall be safely and properly anchored.
-3-
(4) Mechanical ventilating systems and their supporting attachments to the Building
Structure shall be maintained in good repair and in a safe mechanical condition.
14 - Exterior Doors and Windows
(1) Exterior doors, and windows, skylights, and hatchways shall be maintained in good repair
and weather tight. in order to prevent leakage of water into the premise.
(2) Openings in exterior walls, other than doors and windows, shall be effectively protected to
prevent the entry of rodents, insects or vermin.
(3) Latching and locking devices on separate entrances to the rental premises, shall be
maintained in good working order. Latching and locking devices on windows shall be
maintained in good working order.
15 - Roofing
(1) The roof, including the flashing, fascia, soffit, and cornice shall be maintained in a
weather -tight condition so as to prevent leakage of water into the rental premises.
16 - Stairs, Balconies and Porches
(1) Stairways, balconies or porches and landings shall be maintained;
(a) in a safe and clean condition,
(b) in good repair, and
(c) free from holes, cracks, excessive wear and warping, and hazardous obstructions.
17 - Basements
(1) Basement floor drains shall be maintained in good condition.
(2) Floors in a basement shall be kept dry and free from major cracks, breaks or similar
conditions which would create an accident or hazard or allow the entrance of water into the
basement.
18 - Floors
(1) Floors shall be maintained in a clean condition, reasonably smooth and level and free of
loose, warped or decayed boards, depressions, protrusions, deterioration or other defects
which may create health, fire or accident hazards.
(2) Where floors are covered, the covering shall be maintained in a safe condition.
(3) Shower room floors, toilet room and bathroom floors shall be covered with moisture
resistant floor finishes, and in such condition as to permit easy cleaning.
19 - Walls and Ceilings
(1) Interior walls and ceilings shall be maintained in good repair and free from holes, or loose
or broken plaster that may create health, fire or accident hazards.
20 -Plumbing and Plumbing Fixtures
(1) All plumbing, including plumbing fixtures, drains, vents, water pipes, toilets and toilet
tanks and connecting lines to the water and sewer system, shall be maintained in good
working order and repair, free from leaks or other defects and protected from freezing.
(2) Every Hand Basin and bathtub, shower and Sink shall have an adequate supply of hot
and cold running water and every toilet and toilet tank shall have an adequate supply of
running water. Hot water shall be supplied at minimum temperature of 45 C (113 F) and a
maximum of 60 C (140 F).
21- Gas Appliances and Systems
(1) All gas systems and appliances shall be maintained in safe working order and repair.
(2) All systems of appliance venting shall be maintained in safe working order so as to
prevent the creation of a health, fire or accident hazard.
22 - Heating Systems
(1) Heating equipment shall be maintained in a safe and good working condition so as to be
capable of safely attaining and maintaining an adequate temperature standard, free from
fire and accident hazards and in all rental premises capable of maintaining every room at a
temperature of 22 C (72 F) measured at a point 1.5 meters (5 feet) from the floor, and in the
centre of the room.
(2) Where heating equipment or part of it or any auxiliary heating system burns solid or liquid
fuel, a place or receptacle for the storage of such fuel shall be provided and safely
maintained in a convenient location and so constructed as to be free from fire or accident
hazards.
23 - Electrical System and Lighting
(1) Electrical wiring and lighting equipment, including circuits, fuses, circuit breakers,
electrical equipment and electrical heating systems shall be maintained in good working
order.
(2) Adequate levels of artificial lighting shall be maintained in good working order in all rental
accommodation.
24 - Ventilation
(1) All systems of ventilation, mechanical or natural shall meet the manufacturers installation
requirements, and be maintained in good working order.
25 - Interior Fire and Health Safety Hazards
(1) Walls, floors and roof constructions, including fire protective closures, sprinkler systems,
including fire alarm, and detection systems and other means of fire protection, shall be
maintained so that they provide the fire resistive properties and protection for which they
were designed.
-5-
26 - Maintenance of Services and Utilities
(1) No owner or anyone acting on the owner's behalf shall disconnect or cause to be
disconnected any service or utility providing light, heat, air conditioning, refrigeration, water
or cooking facilities for any rental premises occupied by a tenant, except for such reasonable
period of time as may be required for the purpose of repairing, replacing or altering the
service or utility, and then only during the reasonable minimum time that the action is
necessary.
(2) Any person liable for any service or utility rates shall be deemed to have caused a
disconnection, shutting off, removal or discontinuance of the service or utility if the person
fails to pay the rates and, as a result of the non-payment, the service or utility is no longer
provided.
PART 4 - EFFECTIVE DATE
26 - Effective Date
This bylaw shall come into effect upon its adoption.
READ a first time on the 711 day of April, 2008.
READ a second on time the 241h day of June, 2008.
READ a third time on the 24th day of June, 2008.
RECONSIDERED and ADOPTED this day of 200.
MAYOR
CORPORATE OFFICER
DISTRICT OF MAPLE RIDGE
BYLAW NO. 6583 - 2008
A Bylaw to further amend Maple Ridge Ticket Information System Utilization
Bylaw No. 4432-1990 and amendments thereto.
WHEREAS the Community Charter empowers Council to, by bylaw, designate those bylaws for
which Municipal Ticket Information may be used as a means of bylaw enforcement;
WHEREAS it is deemed expedient to further amend Maple Ridge Ticket Information System
Utilization Bylaw No 4432-1990 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 shall be cited for all purposes as "Maple Ridge Ticket Information System
Utilization Amending Bylaw No. 6583 - 2008".
2. "Maple Ridge Ticket Information System Utilization Bylaw No. 4432-1990" as
amended is further amended as follows:
(a) By amending Schedule 1 by adding the following:
Designated Bylaws
Rental Premises Standards of
Maintenance Bylaw No.6550-2008
(b) By adding Schedule 27 as follows:
Standards of Maintenance Bylaw
No. 6550-2008
Fail to comply with written notice
Fail to maintain rental premises with
standards prescribed in bylaw
Disconnect service or utility
READ A FIRST TIME this 24th day of June, 2008.
READ A SECOND TIME this 24th day of June, 2008.
READ A THIRD TIME this 24th day of June, 2008.
RECONSIDERED AND ADOPTED this day of
MAYOR
Designated Bylaw Enforcement Officer
Manager of Inspection Services
Building Official
Safety Officer
Director of Licenses, Permits& Bylaws
Bylaw Enforcement Officer
Trades Inspector
Section Fine
6 $250.00
8 $250.00
26 $ 500.00
CORPORATE OFFICER
1003
Corporation of the District of Maple Ridge
Bylaw No. 6588 - 2008
A Bylaw to amend Maple Ridge Recreation Facility Fees
Bylaw No. 4117 - 1988 as amended.
WHEREAS the Council may by bylaw establish and regulate the fixing of fees for admissions and/or
use of sports, recreation and community use facilities;
AND WHEREAS, the Council has imposed fees and now wishes to amend those fees;
NOW THEREFORE, the Council of the District of Maple Ridge enacts as follows:
1. This Bylaw may be cited as "Maple Ridge Recreation Facility Fees Amending Bylaw No. 6588 -
2008".
2. That Maple Ridge Recreation Facility Fees By-law No. 4117 - 1988 as amended, be further
amended by deleting Schedules "A", "C", "D", "F", "H" and "J" in their entirety and replacing
with Schedule "A", "C", "D", "F", "H", "J" as attached hereto, and adding Schedule "M".
3. This Bylaw shall come into force and effect as of September 1, 2008 for Schedules "A", "C",
"D" "F" "H" "J" and "M"
READ a first time the 8t' day of July, 2008.
READ a second time the 8th day of July, 2008.
READ a third time the 8th day of July, 2008.
ADOPTED this day of 2008.
PRESIDING MEMBER
CORPORATE OFFICER
Attachments: Schedules "A", "C", "ID", "F", "H", "J", and "M".
1004
Corporation of the District of Maple Ridge
Bylaw No. 4117 - 1988
SCHEDULE "A"
6588-2008
Arenas
_
Effective September 1, 2008
GST Included
Ice
Ice
Ice
Dry Floor
Planet Ice
Prime
Non -Prime
Early Bird
Mtg Room
Youth/Senior Non Prod
Commercial Use
$122.98
$98.37
$65.86
$9.92
Fundraising
$108.07
$83.48
$52.61
$4.96
Special Event
$98.37
$73.78
$ 67.63
$45.99
$2.48
Regular Use
$86.08
$67.63
$ 67.63
$37.32
$0.00
Adult Non
Profit
Commercial Use
$192.91
$154.33
$68.04
$9.92
Fundraising
$192.91
$154.33
$68.04
$9.92
Special Event
$192.91
$154.33
$ 125.95
$60.86
$4.96
Regular Use
$192.91
$154.33
$ 125.95
$56.38
$0.00
Local, Private or
Political Groups
;
Fundraising
$198.06
$160.09
$98.79
$14.88
Special Event
$190.56
$152.63
$82.33
$12.40
Regular Use
$202.90
$147.37
$65.86
$9.92
Local
Commercial
I
Fundraising
$313.02
$241.62
$105.38
$15.88
Special Event
$260.70
$209.06
$88.91
$13.40
Regular Use
$215.20
$166.10
$72.45
$10.91
Non Resident Groups
Fundraising
$314.87
$251.90
$111.96
$16.87
Special Event
$269.89
$215.91 1
$95.50
$14.39
Regular Use
$221.36
$177.08 1
$79.03
$11.91
Corporation of the District of Maple Ridge
Bylaw No. 4117 - 1988
SCHEDULE "C
Maple Ridge Leisure Centre_ Pool Rates
Effective September 1, 2008
GST Included
Leisure Pool/Competition Pool
Harris Road Pool or Hammond
Pool
Per Lane
Full Pool
Youth/Senior Non Profit
Commercial Use
$11.13
$51.59
Fundraising
$8.12
$35.70
Special Event
$6.60
$27.73
Regular Use
$4.60
$17.82
Adult Non Profit
Commercial Use
$11.13
$51.59
Fundraising
$11.13
$51.59
Special Event
$10.90
$45.59
Regular Use
$9.99
$39.59
Local, Private or Political Groups
Fundraising
$16.68
$77.38
Special Event
$13.90
$64.49
Regular Use
$11.13
$51.59
Local Commercial
Fundraising
$17.81
$82.54
Special Event
$15.03
$69.64
Regular Use
$12.22
$56.75
Non Resident Groups
Fundraising
$18.90
$87.70
Special Event
$16.13
$74.80
Regular Use
$13.35
$61.90
Lifeguard Fees are extra.
Corporation of the District of Maple Ridge
Bylaw No. 4117 - 1988
SCHEDULE °D"
Cwl��wii�44 4 ;*1
Maple Ridge Leisure Centre
Effective September 1, 2008
GST Included
Full Gym
Half Gym
114 Gym (Multi-P)
Preschool
Cap, 1000
Cap. 500
Cap. 80
Cap. 40
Youth/Senior Non Profit
Commercial Use
$71.45
$35.73
$17.86
$8.27
Fundraising
$56.31
$28.16
$14.08
$4.15
Special Event
$48.73
$24.37
$12.18
$2.06
Regular Use
$40.82
$20.41
$10.21
$0.00
Adult Non Profit
Commercial Use
$71.45
$35.73
$17.86
$827
Fundraising
$71.45
$35.73
$17.86
$8.27
Special Event
$65.74
$32.87
$16.43
$4.15
Regular Use
$59.68
$29.84
$14.92
$0.00
Local, Private or Political Groups
Fundraising
$107.17
$53.59
$26.79
$12.41
Special Event
$89.30
$4.4.65
$22.33
$10.33
Regular Use
$71.45
$35.73
$17.86
$8.27
i
Local
Commercial
Fundraising
$114.30
$57.15
$28.58
$13.24
Special Event
$96.45
$48.23
$24.11
$11.16
Regular Use
$78.58
$39.29
$19.65
$9.09
Non Resident Groups
Fundraising
$121.45
$60.73
$30.36
$14.06
Special Event
$103.62
$51.81
$25.91
$11.98
Regular Use
$90.00
$45.00
$22.50
1 $9.92
Corporation of the District of Maple Ridge
Bylaw No. 4117 - 1988
SCHEDULE T"
6588-2008
Maple Ridge Leisure Centre Admission Rates
_ Effective Sept 1, 2008
I �Flexi"
GST Included
single
10 visits
20 visits
1 month
3 months
6 months
1 year
Children
$ 2.70
$ 24.30
$ 43.20
$ 27.00
$ 68.75
$ 129.40
$ 258.75
Youth
$ 3.50
$ 31.50
$ 56.00
$ 34.60
$ 87.50
$ 162.75
1 $ 325.45
Senior
$ 3.50
$ 31.50
$ 56.00
$ 34.60
$ 87.50
$ 162.75
$ 325.45
Adult
$ 5.35
$ 48.20
$ 85.60
$ 53.40
$ 136.20
$ 256.30
$ 512.60
Family
$ 9.40
1 $ 84.60
$ 150.40
$ 93.60
$ 238.60
$ 449.15
$ 898.25
Corporation of the District of Maple Ridge
Bylaw No. 4117 - 1988
SCHEDULE "H°
Drop in Skating Admission Rates
Effective September 1, 2008
Ridge Meadows Arenas and Planet Ice Arena
GST Included
single
Sept 8-Dec 31
Jan 6- Mar 20
Sept 8-March
20
Children
$ 2.20
$ 70.60
$ 44.10
$ 114.70
Youth
$ 2.65
$ 84.00
$ 52.50
$ 136.50
Senior *
$ 2.65
$ 84.00
$ 52.50
$ 136.50
Adult
$ 3.80
$ 121.00
$ 75.66
$ 196.60
Family
$ 6.40
$ 205.00
$ 128.10
$ 333.10
Parent/Tot
$ 3.15
$ 100.80
$ 63.00
$ 163.80
(Adult + child under 3)
Corporation of the District of Maple Ridge
Bylaw No. 4117 - 1988
SCHEDULE "J°
Greg Moore Youth Centre
Effective September 1, 2008
GST Included
Multi -Purpose
Lounge
Inside Active Area
Whole Facility
Youth/Senior Non Profit
j
Commercial Use
$14.25
$19.94
$66.98
$101.17
Fundraising
$7.12
$3.37
$53.50
$64.00
Special Event
$3.56
$0.00
$46.77
$50.33
Regular Use
$0.00
$0.00
$37.95
$37.95
Adult Non Profit
Commercial Use
$14.25
$19.94
$69.20
$103.38
Fundraising
$14.25
$13.74
$69.20
$97.19
Special Event
$9.25
$7.56
$61.89
$78.70
Regular Use
$4.25
$0.00
$57.34
$61.59
j
Local, Private or Political Groups
Fundraising
$21.37
$29.94
$100.47
$151.78
Special Event
$17.81
$24.93
$83.73
$126.47
Regular Use
$14.25
$19.94
$66.98
$101.17
Local
Commercial
Fundraising
$22.80
$31.92
$107.17
$161.89
Special Event
$19.24
$26.93
$90.42
$136.59
Regular Use
$15.67
$21.97
$73.68
$111.32
Non Resident Groups
Fundraising
$24.22
$33.93
$113.86
$172.01
Special Event
$20.66
$28.94
$97.12
$146.72
Regular Use
$17.10
$23.95
$80.37
$121.42
Kitchen Fee
61.94
Corporation of the District of Maple Ridge
Bylaw No. 4117 - IL988
SCHEDEILE "M"
. :: •9:
Outdoor Pool Admissions
Effective Sept 1, 2008
Harris Road Pool & Hammond Pool
GST Included
Single
Season Pass
Children
$ 1.40
$ 33.70
Youth
$ 2.10
$ 37.05
Senior
$ 2.10
$ 37.05
Adult
$ 2.65
$ 41.50
Family
$ 5.35
$ 91.95
Replacement Pass
$5.00
Qeep Rcots
Greater Heights
DISTRICT OF MAPLE RIDGE
TO: His Worship Mayor Gordon Robson DATE: July 9, 2008
and Members of Council FILE NO: RZ/093/06
FROM: Chief Administrative Officer ATfN: C of W
SUBJECT: First Reading
Maple Ridge Official Community Plan Amending
Bylaw No. 6580 - 2008 and
Maple Ridge Zone Amending Bylaw No. 6581- 2008
23024, 23000 and 23050 136 Avenue
EXECUTIVE SUMMARY:
An application has been received to rezone the subject properties from RS-3 (One Family Rural
Residential) to R-1 (Residential District), R-3 (Special Amenity Residential District), RS-1b (One
Family Urban (Medium Density) Residential and RST (Street Townhouse Residential), to permit the
development of 84 single family lots and 6 street townhouse units (duplex -type units). The
proposed RST (Street Townhouse Residential) zone received 31d Reading from Council on October
25, 2007 as part of Rezoning application RZ/070/06 on the adjacent property (Nelson Peaks) to
the west of this site. However, should the Nelson Peaks project not proceed or is delayed, this
application would be stalled awaiting the adoption of the RST (Street Townhouse Residential) zone.
To avoid this potential delay it would be appropriate to proceed with another RST (Street Townhouse
Residential) zone bylaw. Whichever application proceeds to final reading first will adopt the bylaw.
The bylaw that does not complete can simply be closed.
The proposed development is consistent with the Silver Valley Area Plan policies for Eco-cluster
residential development in the Official Community Plan. This application requires an amendment to
the Official Community Plan to adjust the boundaries between Eco-Cluster and Conservation land
uses, and between Eco-Cluster and Low/Medium Density Residential in the northeast corner of the
site. The horse trail is to be relocated to the south end of the site.
The site is bounded by three branches of CattelI 'Brook on the west, south and east sides. Setbacks
from the top -of -bank have been provided and these areas will be dedicated as Park. The applicant
will also be providing Park dedication adjacent to the west side of the site entrance to protect a large
rocky outcropping as well as other areas within the central part of the development. The amount of
Park that will be dedicated for with this development is more than of 33% of the site area. A
Watercourse Protection and Natural Features Development Permit is required for this site.
An equestrian trail is proposed to run east/west through the dedicated park area across the south
end of the site. This trail will connect with new trails in proposed developments to the west and will
connect to the existing trail network at 136 Avenue and Foreman Drive. A portion of this trail will
1101
also serve as an emergency access route providing a secondary exit for emergency purposes only
and will connect with the proposed developments to the west.
RECOMMENDATIONS:
1. That Maple Ridge Official Community Plan Amending Bylaw No. 6580 - 2008 be given first
reading and be forwarded to Public Hearing;
2. That in accordance with Section 879 of the Local Government Act opportunity for early and on
going consultation has been provided byway of posting Official Community Plan Amending
Bylaw No. 6580 - 2008 on the municipal website and requiring that the applicant host a
Development Information Meeting, and Council considers it unnecessary to provide any
further consultation opportunities, except by way of holding a public hearing on the bylaw;
3. That Maple Ridge Official Community Plan Amending Bylaw No. 6580 - 2008 be considered in
conjunction with the Capital Expenditure Plan and Waste Management Plan;
4. That it be confirmed that Maple Ridge Official Community Plan Amending Bylaw No. 6580 -
2008 is consistent with the Capital Expenditure Plan and Waste Management Plan;
5. That Official Community Plan Amending Bylaw No. 6580 - 2008 be given first reading and be
forwarded to Public Hearing;
6. That Zone Amending Bylaw No. 6581- 2008 be given first reading and be forwarded to Public
Hearing; and
7. That the following terms and conditions be met prior to final reading:
a) Department of Fisheries and Oceans approval for instream works and creek crossing in
the southwest corner of the site;
b) Registration of a Rezoning Servicing Agreement including the deposit of security as
outlined in the Agreement;
c) Amendment to Part IV, Figure 2 (Land Use Plan), Figure 3A (Blaney Hamlet Land Use Plan)
and Figure 4 (Trails / Open Space) of the Silver Valley Area Plan of the Official Community
Plan of the Silver Valley Area Plan in the Official Community Plan.
d) Registration of a Section 219 Covenant for a Geotechnical Report that addresses the
suitability of the site for the proposed development;
e) A Statutory Right -of -Way plan and agreement must be registered at the .Land Title Office
for the sanitary sewer system to be built from Foreman Drive and 136 Avenue;
f) Consolidation of the development site;
-2-
g) Park dedication as required;
h) Road dedication for site access purposes as required, including those portions of 136
Avenue and 231 Street south of 136 Avenue that will be located on the property north of
the development site (23103 136 Avenue);
i) Construction of those portions of 136 Avenue and 231 Street south of 136 Avenue that
will be dedicated on the property north of the development site (23103 136 Avenue),
reconstruction of the portion of existing 136 Avenue from development site east to 232
Street to an urban standard, and construction of the emergency access road through the
Park land at the southwest corner of the site.
j) Removal of the existing buildings;
k) A Section 219 Restrictive Covenant for the duplex design must be registered at the Land
Title Office;
1) Pursuant to the Contaminated Site Regulations of the Environmental Management Act,
the Developer will provide a Site Profile for the subject lands.
m) Construction of an equestrian trail through the Park along the south boundary of the site.
n) An Archaeological Impact Assessment for potential archaeological finds on the site is
required and any recommendations or impacts to be addressed.
DISCUSSION:
a) Background Context:
Applicant: Progressive Construction Ltd
Owner: Gezine M Doorman
Progressive Construction Ltd
Legal Description:
N 1292' of Lot B, Sect 29, Tp 12, NWD, Plan 5048;
Lot 1, Sect 29, Tp 12, NWD Plan BCP29524;
Lot 2, Sect 29, Tp 12, NWD, Plan 5116.
OCP:
Existing:
Eco Clusters, Low/Medium Density Residential,
Conservation
Proposed:
Eco Clusters, Low/Medium Density Residential,
Conservation
Zoning:
Existing:
RS-3 (One Family Rural Residential)
Proposed:
R-1 (Residential District) ,
R-3 (Special Amenity Residential District)
- 3 -
RS-1b (One Family Urban (Medium Density)
Residential
RST (Street Townhouse Residential)
Surrounding Uses
North: Use:
Vacant
Zone:
CD-3-98 and A-2
Designation
Eco-Cluster, Low/Medium Density Residential, Low
Density Urban, Conservation
South: Use:
Agriculture, Rural Residential
Zone:
RS-3
Designation:
Agricultural, ALR
East: Use:
Rural Residential
Zone:
RS-3
Designation:
Eco-Cluster, Conservation
West: Use:
Proposed Eco-Cluster Single Family Residential
Zone:
Current: RS-3
Under application for R-1, CD-3-98, RS-1d and RST
(RZ/070/06)
Designation:
Eco-Cluster and Conservation
Existing Use of Property:
One Family Rural Residential
Proposed Use of Property:
Eco-Cluster Single Family Residential and Street
Townhouse Residential
Site Area:
10.13 hectares (25 acres)
Access:
136 Avenue
Servicing:
Full Urban services to be provided.
Companion Applications:
SD/093/06, DP/093/06, VP/093/06
b) Project Description:
The applicant is proposing to rezone the subject site to permit the subdivision and development of
90 Eco-Cluster units, of which 84 are single family lots and 6 are street townhouse units (duplex -
type units). To provide a variety of lot sizes and housing types within the development in accordance
with the Silver Valley Area Plan, the following four zones are proposed:
• R-1(Residential District) to permit the subdivision of 55 lots;
• R-3 (Special Amenity Residential District) to permit the subdivison of 27 lots;
• RS-1b (One Family Urban (Medium Density) Residential) to permit the subdivison
of 2 lots; and
• RST (Street Townhouse Residential) to permit the subdivision of 6 lots.
The proposed RST (Street Townhouse Residential) zone received 31d Reading from Council on
October 25, 2007 as part of Rezoning application RZ/070/06 on the adjacent property to the west
of this site. This applicant is proposing a similar duplex -style form of fee -simple townhouse that will
not be bound together by a strata -title, but instead will be subdivided along the line that extends
through the party -wall and continues to the front and rear lot lines. An easement and maintenance
-4-
agreement will be registered on these lots at subdivision to ensure that all joint servicing and
maintenance issues are addressed prior to occupancy.
Road access to this site will require the dedication and construction of a road on the property north
of this site (23103 136 Avenue) as an extension of 136 Avenue to the intersection with the main
access road into this development. The applicant will also provide improvements to the existing
portion of 136 Avenue east of the development site to 232 Street to meet an urban standard within
the existing road right-of-way. A secondary emergency access road will be constructed to connect
this development with the 2 proposed eco-cluster developments to the west. The right-of-way for the
emergency access road will also incorporate the equestrian trail and sanitary sewer right-of-way in
the southwest corner and will connect to the lower loop road on the site.
The site is bounded by three branches of Cattell Brook on the west, south and east sides. Setbacks
of 30 metres from the tap -of -bank have been provided and these areas will be dedicated as Park.
The applicant will also be providing Park dedication adjacent to the west side of the site entrance to
protect a large rocky outcropping as well as additional areas within the central part of the
development. The amount of Park that will be dedicated with this development is more than 33% of
the site area with an additional 11% for Parkettes. A Watercourse Protection and Natural Features
Development Permit is required.
The residential development proposed for this site is aligned with the Eco-Cluster designation as
defined in the Silver Valley Area Plan.
Running concurrently with this application are a Subdivision application for 90 residential lots; an
Environmental Development Permit for watercourse and natural features protection; and an
Intensive Residential Development Permit for the lots to be zoned R-3 (Special Amenity Residential
District). The applicant has requested a Development Variance Permit for some of the R-1
(Residential District) zoned lots to reduce the rear setback from 8m to 6m and reduce the front
setback from 5.5m to 4m for the building while retaining the 5.5m front setback to the garage, and
to vary the maximum height to 11m for the R-1 (Residential District) and R-3 (Special Amenity
Residential District) zoned lots. A Restrictive Covenant for building design will be required for the
duplex -style street townhouse lots.
c) . Planning Analysis:
Official Community Plan:
This Eco-Cluster development is one of only a few Silver Valley sites to date that has required
rezoning in addition to a subdivision application, as most of the previous Eco-Cluster developments
have occurred on pre -zoned land. This project is consistent with the proposed Eco-Cluster
development on the adjacent site to the west, which received third reading from Council on October
25, 2007.
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;
- 5 -
• 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.
The plan recognizes that the areas designated as Eco-Cluster often have steep slopes and the intent
is to encourage lots that take advantage of areas with slopes less than 20% grade by clustering
development in these areas and leaving the steeper sloped areas in a forested condition. This
development approach requires minimal site re -grading. The Plan vision is for a fairly rural type of
development that is sensitive to all aspects of the environment, including views, watercourses,
environmental features, tree preservation, and connected and continuous natural open spaces.
Parkettes are to be incorporated into the site plan as a frontage focal point for the housing unit
clusters.
The development site is located within the Silver Valley Area Plan, southwest of the Blaney Hamlet,
and is designated Eco-Cluster and Conservation with a small area for Low/Medium Density
Residential in the northeast corner. 84 single family lots and 6 street townhouse units (duplex -type
units) are proposed. Approximately 33% of the site will be dedicated as Park with an additional 11%
for Parkettes. Within the Eco-Cluster three looped roads are proposed and all units will front onto
Parkettes and back onto dedicated Park. A large rocky out -cropping at the north end of the site will
be protected as Park and will require 136 Avenue and 231 Street to be diverted around the area.
The lot layout and road pattern takes into consideration the many large mature trees retained in the
interior of the site in areas dedicated as Park. Natural open spaces are connected and continuous
to provide wildlife corridors in multiple locations through the site. To emphasize the rural
characteristics of this Eco-Cluster development, Park areas are provided on both sides of the
entrance road to this site.
Roads within Eco-Clusters are designated as Rural Local Roads in the Silver Valley Area Plan.
They are rural in character, adapted to the site topography, are relatively narrow, have a sidewalk
on one side and drainage swales where possible, and require pockets of limited parking on
pervious surfaces where possible.
The road width and on -street parking requirements for this site were carefully considered to meet
the specific site conditions, the Silver Valley Area Plan road standards, and the Engineering
Department and Fire Department requirements. Three road types are proposed within this
development: first, an entrance road with a 7.3m paved carriageway with additional 2.1m wide
pocket parking with a pervious surface where appropriate; second, parkette loop roads with a
7.3m paved carriageway that includes parking on one side; and third, a link road between
parkette loops with a 7.3m paved carriageway plus 2.1m wide pocket parking with a pervious
surface. Driveways will be grouped in pairs wherever possible to provide suitable areas for on -
street parking.
An equestrian trail is proposed to run east/west through the dedicated park area across the
south end of the site. The trail will be contiguous with the trail system on proposed developments
to the west, and will connect to the existing trail network at 136 Avenue and Foreman Drive. A
portion of this trail will also serve as an emergency access route providing a secondary exit for
emergency purposes only and will connect with the proposed developments to the west.
Pedestrian trails are proposed that will link green spaces within the development.
Proposed amendment to the Official Community Plan:
Although the proposed development is in compliance with the policies of the Silver Valley Area Plan
of the Official Community Plan, the applicant has requested an OCP amendment to adjust the
boundary between the Eco-Cluster and Conservation land uses in the south and west areas of the
site, and between Eco-Cluster and Low/Medium Density Residential in the northeast corner of the
site. Approximately 17,372m2 will be re -designated from Eco-Cluster to Conservation and 8,140m2
will be re -designated from Conservation to Eco-Cluster for a net gain of 9,232m2 to Conservation.
The details of the boundary adjustment between Eco-Cluster and Conservation are discussed in the
Environmental Implications section below. The location of the horse trail is to be amended to the
park area at the south end of the site. This trail will connect with new trails in proposed
developments to the west which will then connect to the existing trail network at 136 Avenue and
Foreman Drive
Densities:
The applicant has proposed a density of 9 units per hectare, which is within the range set for Eco-
Clusters in the Silver Valley Area Plan (5 - 15 upha). The plan encourages a variety of housing types
within and between Eco-Clusters and the form of development proposed here is 6 units of attached
duplex style housing and 84 single family homes, of which 55 are zoned R-1 (Residential District),
27 are zoned R-3 (Special Amenity Residential District), and 2 are zoned RS-1b (One Family Urban
(Medium Density) Residential, The 6 duplex style homes will be zoned RST (Street Townhouse
Residential) which is a new multi -family zone for street townhouses specific to Eco-Cluster
designated areas in the Silver Valley.
Zoning Bylaw:
There are four zones proposed for this development: R-1 (Residential District);
R-3 (Special Amenity Residential District); RS-1b (One Family Urban (Medium Density) Residential);
and RST (Street Townhouse Residential). The proposed single family lots range from approximately
330 m2 to 660 m2 and the street townhouse lots are 300 m2. In the northeast corner of the site the
developer has applied to the District to close a small portion (277 m2) of the 136 Avenue road right-
of-way that will become redundant with the construction of the new road and are proposing to
incorporate this into a future RS-1b (One Family Urban (Medium Density) Residential zoned lot.
The proposed RST (Street Townhouse Residential) zone received 311 Reading from Council on
October 25, 2007 as part of Rezoning application RZ/070/06 on the adjacent property (Nelson
Peaks) to the west of this site. However, should the Nelson Peaks project not proceed or is delayed,
this application would be stalled awaiting the adoption of the RST (Street Townhouse Residential)
zone. To avoid this potential delay it would be appropriate to proceed with another RST (Street
-7-
Townhouse Residential) zone bylaw. Whichever application proceeds to final reading first will adopt
the bylaw. The bylaw that does not complete can simply be closed.
Draft of Proposed RST (Residential Townhouse Zone):
A new zone is proposed as part of this rezoning application to permit the development of 6 duplex
units. The Silver Valley Plan encourages a variety of housing types throughout Eco-Cluster
developments, but currently Maple Ridge does not have an existing zone that could easily
accommodate this type of development. In order to accommodate and encourage a variety of
housing types in Silver Valley Eco-Clusters, as part of the ongoing implementation of the Silver Valley
Area Plan, the RST (Street Townhouse Residential) zone was drafted and is attached for Council
consideration.
The zone is intended for use in the Eco-Cluster designated areas of Silver Valley Area only. It permits
a fairly large 223 m2 (2400 ft2) unit (excluding basement, garage and accessory building) either in a
duplex, triplex, or fourplex form, which is greater than the anticipated size of attached housing form
within the urban area boundary. Although rear lanes are encouraged in Silver Valley, the topography
can make this type of development difficult and therefore, the zone will allow both rear lane and
non -rear lane access.
The RST (Street Townhouse Residential) zone is intended to permit a "zero lot line" subdivision,
which will result in each owner having no common property between them. For such fee -simple
proposals, an easement will be required on the property titles prior to unit construction. The
easement will deal with issues relating to shared walls and will set out the terms under which each
owner will be required to cooperate.
The building design proposed for the duplexes will be secured through a Restrictive Covenant put on
title prior to subdivision of the individual units. This covenant will also require that the duplex lots
cannot be sold separately until after the duplexes have been fully constructed.
Requested Variances:
The applicant has requested a • number of variances that will be the subject of a future Council
report, but which are common requests in the past in Silver Valley. The relaxations are as follows:
• To reduce the front setback for R-1(Residential District) zoned lots from 5.5m to 4m
for the building while retaining the 5.5m front setback to the garage.
• To reduce the rear setback for R-1 (Residential District) zoned lots from 8m to 6m to
provide opportunity to preserve existing ground cover in the rear gardens.
• To increase the maximum height from 9m to 11m for the R-1(Residential District)
zoned lots and from 9.75m to 11m for the R-3 (Special Amenity Residential District)
zoned lots. This variance is consistent with those approved for the "Silver Ridge"
development to the north of this site for dwellings similar in design.
Development Permits:
An Intensive Residential Development Permit is required for the R-3 (Special Amenity Residential
District) lots to assess the form and character of the proposed dwellings.
- 8 -
A Watercourse Protection and Natural Features Development Permit is required for the preservation,
protection, restoration and enhancement of the natural environment of Cattell Brook and of the
natural features on the site. The details are discussed in the Environmental Implications section
below. A Security will be taken as a condition of the issuance of the Development Permit to ensure
that the Development Permit Area guidelines are met.
Development Information Meeting:
A Development Information Meeting was held on April 7, 2008 and the following excerpts from the
minutes were provided by the applicant:
• In general the reaction to the proposal was positive. Comment sheets were available
but none were completed.
• The majority of the attendees live in the lower ALR lands adjacent to 132 Avenue.
With the recent flooding there concerns that the development of this site would
increase downstream flows. The applicant confirmed that through the use of the 3
tier Best Management Practices drainage systems there would be no impact on the
downstream lands.
• There were general concerns for the affects of increased traffic in the area and
construction traffic during the development stage. The applicant confirmed that the
present roadway (136 Avenue) would be widened eastwards from the site to 232
Street.
• The applicant answered many questions about the proposed sanitary sewer and
confirmed that the sewer would be sized adequately to serve all the upstream
catchment areas.
• Some of the residents inquired about possible archaeological finds. The applicant has
subsequently met with local archaeologist Mike Rousseau who said that the only area
of note might be the southern sloped portion above the ALR lands. An archaeological
impact assessment is being prepared by Golder and Associates.
• It was explained that there will be a horse trail running from east to west along with a
tree buffer and park land along the south property line.
d) Environmental Implications:
The applicant has submitted an Environmental Assessment, a Geotechnical Report and an Arborist
Report for the site. A Watercourse Protection and Natural Features Development Permit is required
for this site. The development area has been logged on multiple occasions and therefore its
vegetation consists mainly of mixed forest and shrubland, although less extensive areas of riparian
mixed forest and rural developed areas are also present. No rare, threatened or endangered plant
species or communities are known to occur in the development area.
-9-
The site is bounded by three branches of Cattell Brook on the west, south and east sides and
setbacks of 30 metres from the top -of -bank have been established. Limited localized
encroachments into the setback areas on the northwest and southwest development edges are
proposed. The resulting loss of riparian habitat will be 104m2; however, this loss will be
compensated for by a total habitat gain of 602m2 outside the 30m setback at other locations along
the watercourse. A wetland area, designated as marginal in the Environmental Assessment, is
located in the southwest corner outside of the 34m setback area and requires an additional setback
of 15m. All the watercourse and wetland protection setback areas will be dedicated as Park.
The southwest corner of the development site is located within the North Alouette River floodplain
and is designated as Conservation in the Silver Valley Area plan. The Environmental Assessment
indicates that the area is flat, with little or no topographical features, and there are no trees of note
in the area. The area is primarily grassland that appears to have previously been pasture. The
applicant is proposing to develop approximately 7,555m2 and will dedicate the environmentally
sensitive area as Park. A minimal amount of fill would be required under the houses, roads and bio-
filtration pond in the parkette to raise the area above the flood plain.
The Arborist's tree retention report identified 77 trees to be retained and protected, 44 trees to be
removed due to poor health and structure and 9 otherwise viable trees to be removed to
accommodate development. Trees located within the deciduous forest stands on the south and
west perimeters will be assessed for risk and structural condition and removed as necessary during
land clearing to avoid conflicts with development. The new forest edge will be inspected for hazard
trees once clearing is completed. The areas containing trees to be retained are within those
portions of the site to be dedicated as Park or will be within the Parkettes. Trees identified by the .
arborist to be removed are proposed to be replaced at 2:1 ratio, or as determined by the Arborist as
suitable for the topography.
A large rocky outcropping adjacent to the west side of the site entrance and within the
unconstructed 136 Avenue road right-of-way at the north end of the development site is identified
as a Natural Feature of the site and offers a panoramic view of the Fraser Valley to the south. The
area on the development site will be dedicated as Park and 136 Avenue and 231 Street will be
diverted around the area. Natural open spaces are connected and continuous to provide wildlife
corridors in multiple locations through the site. To emphasize the rural characteristics of this Eco-
Cluster development, Park areas are provided on both sides of the entrance road to this site.
A conceptual Stormwater Management Plan has been received proposing three naturalized bio-
detention ponds within the parkettes. Roadside bio-swales will be incorporated into the
development where road grades are less than 6%. Individual lot drainage will be to rock pits. An
Erosion and Sediment Control Plan has been submitted showing the site will be cleared in phases as
development progresses.
Ministry of Environment and Department of Fisheries and Oceans approval is required for a crossing
on Cattell Brook in the southwest corner of the site. The crossing is required for the emergency
access road and trail system, and the 5m sanitary sewer right-of-way.
W[1111
e) Interdepartmental Implications:
Engineering Department:
The Engineering Department has identified that all the services required in support of this
development application do not exist to the site. It will therefore be necessary for the owner to enter
into a Rezoning Servicing Agreement and post securities to do the work identified in that agreement
prior to final reading. Comments provided by the Engineering Department include:
• Construction/ reconstruction of 136 Avenue from 232 to 231 Street and construction
of 231 Street into the site is required.
• Construction of sidewalks and the equestrian trail are required.
• A Sanitary Sewer system is required to serve the site and it must be extended from the
pump station at 136 Avenue and Foreman Drive. A 5m right-of-way across the
properties between this site and the pump station is required.
• A Storm sewer system and road drainage facilities are required.
• A Water system on 231 Street from 136 Avenue is required and a water main along
the emergency access road is required.
• Existing buildings on the site are to be removed.
• Consolidation of the site at the zoning stage is required.
• Ministry of Environment and Department of Fisheries and Oceans approval is required
for road and sewer works at the watercourse at the southwest corner of the site.
• Erosion and Sediment control facilities are required during construction.
• The amount of security and related cash payments required for the Rezoning Servicing
Agreement will be determined after the consulting engineer's design has been
received.
Fire Department:
The Fire Department has reviewed the road standards proposed for this Eco-Cluster development
and has identified the following requirements to address emergency access and potential future
wildfire protection:
• Roads with only a single access point have 7.3m of unobstructed carriageway to allow
2 vehicles to pass.
• Cul-de-sacs greater than 180m in length have a secondary access.
• A 6m wide emergency access road with a gravel surface where there is a single access
road into a development.
• Sections of the road with grades of 15% provide intermittent areas of lesser grade to
allow large truck stabilization;
• Appropriate fire hydrant location is to be reviewed;
• Consider designing the first 8m of the emergency access road as a hammerhead
turnaround;
• Final road design and emergency access gate specifications are to be reviewed by the
Fire Department;
• "No Parking" signs are to be posted where required to ensure emergency vehicle
access is not impeded.
- 11 -
Clerks Department:
In the northeast corner of the site the developer has applied to the District to close a small portion
(277 m2) of the 136 Avenue road right-of-way that will become redundant with the construction of
the new road and are proposing to incorporate this into a future RS-1b zoned lot. Staff will be
negotiating with the developer to close and then sell the road to them subject to Council approval of
the sale terms and a Highway Closure & Removal of Highway Dedication Bylaw
The Clerk concurs with the decision to proceed with a second RST (Street Townhouse Residential)
zone bylaw to permit this application to proceed independently.
Parks & Leisure Services Department:
An equestrian trail is proposed to run east/west through the dedicated park area across the south
end of the site. This trail will connect with new trails in proposed developments to the west which
will then connect to the existing trail network at 136 Avenue and Foreman Drive. A portion of this
trail will also serve as an emergency access route providing a secondary exit for emergency
purposes only that will connect with the proposed developments to the west.
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 will be an additional 90 trees, which is based on one tree per lot and the 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
$2250.00.
f) School District:
No comments have been received.
g) Intergovernmental Issues:
Ministry of Tourism, Culture and the Arts, Archaeology Branch:
As a result of comments received at the Development Information Meeting about a potential
archaeological heritage site located on the property, the applicant has submitted a permit
application to the Ministry for an archaeological impact assessment (AIA) and the assessment is
being prepared by Golder and Associates.
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. The amendment required for this application, (insert amendment), is considered to
be minor in nature. It has been determined that no additional consultation beyond existing
procedures is required, including referrals to the Board of the Regional District, the Council of an
adjacent municipality, First Nations; the School District or agencies of the Federal and Provincial
Governments.
-12-
The amendment has been reviewed with the Financial Plan/Capital Plan and the Waste
Management Plan of the Greater Vancouver Regional District and determined to have no impact.
CONCLUSION:
The lot geometry presented for the proposed Eco-Cluster development is aligned with the Silver
Valley Area Plan in that the design has achieved the clustering of units within distinct boundaries, a
rural character with lots facing a parkette or Park, a variation in housing form, innovative stormwater
management, wildlife corridors, and the protection of environmentally sensitive areas resulting in
33% of the site proposed as conservation area. A new zone is accompanying this application to
permit a street oriented fee -simple townhouse form of housing for Eco-cluster developments in the
Silver Valley area and to encourage a greater variation in housing form as envisioned within the Area
Plan.
Therefore, it is recommended that this application and accompanying bylaws proceed to Council for
first reading and forwardingto Public Hearing.
i
Preparedby:' • •
Planning Technician
f Approved by. Jane P; ering, MCP, MCIP
Director of Planning
Frank Quinn, MBA, P_Eng
GM: Public Works & Development Services
r
Concurrerlge: J. L. (Jinn) Rule
Chief Administrative Officer
AE/dp �. `
The following appendices are attached hereto:
Appendix A - Subject Map
Appendix B - OCP Amending Bylaw 6580 - 2008
Appendix C - Zone Amending Bylaw 6581- 2008
Appendix D - Proposed Subdivision
-I3-
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APPENDIX A
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23000/24/50 136 AVENUE
CORPORATION OF
THE DISTRICT OF
nim A
Ea Ld
MAPLE RIDGE
District of
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Langley
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PLANNING DEPARTMENT
SCALE 1:3.000
[t' -
DATE: May 29, 2008 FILE: RZ/093/06 BY: PC
SCHEDULE 6
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6580-2008.
A Bylaw to amend the Official Community Plan
WHEREAS Section 882 of the Local Government Act provides that the Council may revise the
Official Community Plan;
AND WHEREAS it is deemed desirable to amend Section 10.3. Part IV -- Silver Valley Area Plan,
Figures 2, 3A and 4 of the Official Community Plan;
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 for all purposes as "Maple Midge Official Community Plan Amending
Bylaw No. 6580-2008."
2. Figures 2, 3A and 4 are hereby amended for those parcels or tracts of land and
premises known and described as:
Lot 2 Section 29 Township 12 Plan 5116 New Westminster District
And North 1,292 Feet.Lot °B" Section 29 Township 12 Plan 5048 New Westminster
District.
And Lot 1 Section 29 Township 12 Plan BCP 29524 New Westminster District.
and outlined in heavy black line on Map No. 757 , a copy of which is attached hereto and
forms part of this Bylaw, are hereby redesignated as shown.
3. Figure 4 is hereby amended for those parcels or tracts of land and premises known
and described as:
Lot 2 Section 29 Township 12 Plan 5116 New Westminster District
And North 1,292 Feet Lot "B" Section 29 Township 12 Plan 5048 New Westminster
District.
And Lot 1 Section 29 Township 12 Plan BCP 29524 New Westminster District.
and shown in heavy black line on Map No. 758, a copy of which is attached hereto and
forms part of this Bylaw, as added or removed from Horse Trail.
4. Maple Ridge Official Community Plan Bylaw No.6425-2006 is hereby amended accordingly.
READ A FIRST TIME the day of , A.D. 200.
PUBLIC HEARING HELD the day of
READ A SECOND TIME the day of
READ A THIRD TIME the day of
RECONSIDERED AND FINALLY ADOPTED, the
MAYOR
, A.D. 200 .
, A.D. 200.
, A.D. 200.
day of , A.D. 200.
CORPORATE
OFFICER
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LMP 9042
MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING
Bylaw No. 6580--2008
Map No. 757
PURPOSE: TO DESIGNATE AS SHOWN BELOW ON FIGURES 2, 3A & 4 AND TO DELETE
THAT PORTION SHOWN ECO CLUSTER FROM CONSERVATION ON FIGURE 4
0 ECO CLUSTER CONSERVATION ® LOW DENSITY URBAN
MAPLE RIDGE
1:3000
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LMP 9042
MAPLE
RIDGE OFFICIAL
COMMUNITY
PLAN
AMENDING
Bylaw No.
6580-2008
Map No.
758
PURPOSE:
To Amend Figure 4
As
Shown Below
■■■■■ Add Trail
Delete Trail
1:3000
MAPLERIDGE
SCHEDULE C
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6581-2008
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. 6581-2008."
2. That Part 2 Interpretation is amended by inserting the following definition in the
appropriate alphabetical location within the section:
STREET TOWNHOUSE RESIDENTIAL. USE means a residential use consisting of one
dwelling unit vertically attached to one or more dwelling units (i.e. a duplex, triplex, or
fourplex) with each dwelling unit located on a lot abutting a street.
3. That Part 3 Basic Provisions is amended by inserting the following after Section 302,
Zones (1):
RST Street Townhouse Residential
4. That Part 6 Residential Zones is amended by inserting the following after Section
601C and renumbering subsequent sections accordingly:
601D RST Street Townhouse Residential
Intent: The Street Townhouse Residential Zone is intended for use only within the
areas of Silver Valley designated as Eco-Cluster.
1.0 Permitted Uses
Only the following uses shall be permitted in the RST zone:
1. Street Townhouse Residential Use
2. Duplex Use
3. Accessory Boarding Use
4. Accessory Horne Occupation Use
2.0 Conditions of Use
1. A Street Townhouse residential use shall be permitted where no more than four
street townhouse residential units are attached and located on a lot abutting a
public street.
2. Vehicular access for lots backing on a Municipal lane will be restricted to the
lane.
3. All motor vehicle parking areas must be fully enclosed within a garage structure.
3.0 Density
The maximum permitted gross floor area of a unit shall be 223 m2 (2400 s.f.),
specifically excluding basement, garage, and accessory building.
4.0 Lot Coverage
The maximum permitted lot coverage shall be as follows:
Lot Type
Maximum Lot Coverage
Exterior Lot
55%
Interior Lot
65%
Exterior Lot on Street
Corner
45%
Accessory Buildings & Structures:
The maximum lot.coverage for accessory buildings and structures shall be 3%, which
shall form part of the maximum lot coverage for the entire lot. A detached garage is
not considered an accessory building in this zone.
5.0 Height of a Building or Structure
The maximum height of a principal building shall be 3 storeys or 11 metres,
whichever is less.
The maximum height of any accessory building or structure shall be 4,6m
6.0 Setbacks
If building in this zone is next to an existing single-family development, then front
setback must match that of single-family neighbourhood on same side of same
street*.
If building in this zone is not adjacent to single-family development, then buildings
and structures shall be sited in accordance with the following minimum setbacks;
Building or Structure
Front
Rear
Interior
End Lot/
Corner Lot/
Side
Exterior Side
Exterior Side
Principle Building
4m
8m
Om
1.5m
3m
(no lane access)
See #3 below
Garage (no lane
6m
N/A
Om
1.5m
3m
access)
Principle Building
4m
14m
Om
1.5m
3m
(lane access)
Garage (lane
N/A
1.5m
Om
1.5m
3m
access)
Accessory Building
N/A
0.5m
1.5m
1.5m
3m
or Structure
1. Interior Side: 0 metre permitted where listed above, provided that the full length
of the interior side wall of the principle building and/or garage is adjoined to the
full length of the interior side wall of a neighbouring principle building and/or
garage. Where a fee -simple subdivision results in no common property
ownership among the attached units, the property line will run equally distant
through the attached interior walls.
2. On a lot with rear lane access:
a) Each lot shall have useable rear yard private outdoor space with minimum
dimensions of 6.5m x 7.5m that is defined by fences and landscaping.
b) Accessory buildings larger than 5m2 are not permitted in the rear yard private
outdoor space.
c) A minimum 1.5 metre wide walkway must be maintained along the length of
the garage, into the rear laneway. This walkway does not make up any part of
the private outdoor space requirement.
3. On a lot with no lane access, the rear yard setback may be reduced to a minimum
of 6 metres if the rear yard backs onto a greenbelt that is dedicated as
Conservation Area or Park.
4. All accessory buildings and structures must be located in the rear yard.
7.0 Minimum Lot Size
Lot Type
Minimum Lot Area
Minimum Lot Width
Exterior Lot
234m2
9m
Interior Lot
195m2
7.5m
Exterior Lot on Street
Corner
273m2
10.5m
* In a neighbourhood where redevelopment is expected and the current zoning of the single-
family neighbourhood in question is not consistent with the designation in the Official
Community Plan, or the zoning matrix within the Official Community Plan, the front setback
must match that of a zone that would be consistent with the current Official Community
Plan.
8.0 Parking Requirements
To be the same requirements listed in Schedule "A", Under 1.0 b) for one and
two family residential use in the Maple Ridge Off Street Parking and Loading
Bylaw No. 4350-1990.
9.0 Other Regulations
1. A Street Townhouse Residential use shall be permitted only if the site is serviced
to the RT-1 zone standard, excluding road standards, set out in the Maple Ridge
Subdivision Servicing Bylaw No. 4800-1993.
2. A Street Townhouse Residential use shall be permitted only if the site is serviced
to the Eco-Cluster road standards identified within the Silver Valley Area Plan.
5. That Schedule "D" Minimum Lot Area Dimensions is amended by inserting the
following under each heading:
Zone: RST
Minimum Width: See Section 601D, Item 7.0 Minimum Lot Size
Minimum Area: See Section 601D, Item 7.0 Minimum Lot Size
6. Those parcels or tracts of land and premises known and described as:
Lot 2 Section 29 Township 12 Plan 5116 New Westminster District
And North 1,292 Feet Lot "B" Section 29 Township 12 Plan 5048 New Westminster
District.
And Lot 1 Section 29 Township 12 Plan BCP 29524 New Westminster District.
and outlined in heavy black line are hereby rezoned as shown on Map No. 1431, a
copy of which is attached hereto and forms part of this bylaw.
7. 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. 200.
PUBLIC HEARING held the day of , A.D. 200.
READ a second time the day of , A.D. 200.
READ a third time the day of , A.D. 200.
RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 200.
MAYOR CORPORATE OFFICER
59
BD 61 �� ��
0 0.619 ha.
0 136 AVE. o
0
N n
� � h
N N H CP z7885 76
80 79 78 77 7 7 7 72 135 AVE. N
0
N ry N N h
0.
P 4 567
0.
17 18 19
- fl.8fl9 ha. 0.809 ha. 0.809 ha -
a.
P 4 567
BCP 29524
P 14756 1
57 ha P 5116
2 B 2
0
0 2.OA4 hv.
4.303 ha.
0
2
3.51 ha
LMP 9042
MAPLE RIDGE ZONE AMENDING
Bylaw No. 6581-2008
Map No. 1431
From: RS3(One Family Rural Residential)
TO: RS-1 b(One Family Urbon(medium density)Residential) 0 R=1 (Residential District)
R-3((Special Amenity Residential District) ® RST(Street Townhouse Residential)
RIDGEMAPLE
British Columbia
1:3aoo
SCHEDULE D
This drawl g and design N the property of ➢ing Se Vices Ltd, r
and sha not be used, reused or reproduc lhwt the co enl of the soid� !
corrpo WElhanney Consuhing Services Lt x he responsible for ti r
the i proper or unouthodzed use of this di f
r
& i-
Rod_ _
24
10 �''' vy—•r -_
x.x eaues, �•
„ 7b 74 73 7!
� aoneu
2
14 13 12 11
- 1
K
.16
17 s 1 , . �.� \ 6
c a � 1 _
40 1 7
19 e 1
4120 \
S.. 42 —
Z
..25 j 21 47 4 10 9, 4
! I
ti} '6 �\ y ='' 48 I
1 27 31 49 !
28s, 29A ! 11 1i 1 II
} 52
51 1
54
11 1
T' 60 i6tes
m %
�7
�- 61
62 77 73
71710
64 65 69
NOTES:
— PRELIMINARY YOUT 0NL , UBJE TO AQPROVAL.
J0
— AREAS AND D MENSIONS ARE SUBJ T TO DETAILED SURV
RS—lb Zone
AND CALCULATION, AND MAY VARY.
R-1 Zone
— NOT TO BE USED FOR LEGAL TRANSAC716NS-
,h McElhsnney
0 R-3 Zone
McElhanney Consulting Services Ltd.
0 RST Zone (Duplex)
13160-38TH AVENUE PHCNEt694}596A391
SURREY,B.C. FAX(")696-8853
® Park
Rood to be Closed
Scale: 1:1500
Date: July 4, 2008
Job No.: 2112-07260
MAPLE RIDGE
British Columbia
DISTRICT OF MAPLE RIDGE
TO: His Worship Mayor Gordon Robson
and Members of Council
FROM: Chief Administrative Officer
SUBJECT: Variance Permit
DATE: July 7, 2008
FILE NO: VP/063/06
ATTN: Caw
13819, 13829, 13833, 13837, 13841, 13851, 13857, 13863 and 13875 232 ST;
23156, 23166, 23176 and 23186 FOREMAN DR; and 22925 to 23185 GILBERT DR.
EXECUTIVE SUMMARY:
The District has received an application for a Development Variance Permit to permit a height of 11
meters for Phases 5 and 5A of the Portrait Homes subdivision in Silver Valley from the bylaw
requirement established in the CD-3-98 Zone of 9.75 meters. The applicant has requested this
increase in height to provide the flexibility with steeper grades and in order to achieve the design
theme established in Phases 1 to 4 of this large development site.
RECOMMENDATION:
That the Corporate Officer be authorized to sign and seal DVP/063/06 respecting properties
located at:
13819, 13829, 13833, 13837, 13841, 13851, 13857, 13863 and 13875 232 Street;
23156, 23166, 23176 and 23186 Foreman Drive; and 22925 to 23185 Gilbert Drive.
DISCUSSION:
a) Background Context
Applicant: Damax Consultants Ltd
Owner: Insignia Homes Silvervalley Ltd
Legal Description: Lots 1 to 62, Section 32, Township 12, Plan BCP33856
OCP:
Zoning:
Existing: Low/Medium Density Residential, Eco-Clusters,
Medium Density Residential, Medium/High Density
Residential, Conservation
Existing: CD-3-98 (Apartment, Residential, Park and School),
1102
Surrounding Uses
North: Use: Residential
South: Use: Rural Residential
East: Use: Rural Residential
West: Use: Residential
Existing Use of Property:
Proposed Use of Property:
Access:
Servicing:
Previous Applications:
Requested Variance:
b), Project Description:
Vacant
Residential
Gilbert Drive, Foreman Drive
Full Urban
RZ/005/05, SD/063/06, SD/051/08
To vary the maximum height from 9.75m to 11.0m.
The subject property is zoned CD-3-98 (Comprehensive Development) zone which provides for a "one
family residential use" using a number of different residential zones within it, to allow flexibility in
developing a topographically challenged and environmentally sensitive site. These included the R-1
(Residential District), R-3 (Special Amenity Residential District) and RS-1b (One Family Urban (medium
density) Residential) and the RS-1 (One Family urban Residential) zones. These zones have varying
lot sizes and setback regulations, which govern the development on the site. The CD-3-98
(Comprehensive Development) zone however, established a building height for all the zones at 9.75
metres.
This report provides details for a Development Variance Permit for Phases 5 and 5A of the Portrait
Homes subdivision on 232"d Street, north of 1361h Avenue (Appendix B). The variances relate to
building height prescribed in the Zoning Bylaw under the CD-3-98 Zone. The variances are needed to
accommodate the applicant's intended design theme for 9 foot ceilings and roof forms. A similar
request was made and variances granted for the Phase 1 to 4 of this development.
The subdivision of Phase 5 was approved in October 2007 and the Phase 5A subdivision application
requests that a portion of the Phase 5 subdivision be re -configured for lot geometry and road
locations. The applicant has requested that both Phases 5 and 5A be considered at this time for
variances for height prescribed in the CD-3-98 (Comprehensive Development) zone from the
maximum height requirement of 9.75 meters to 11 meters.
c) Planning Analysis:
The Zoning Bylaw establishes general minimum and maximum regulations for single family
development. A Development Variance Permit allows Council some flexibility in the approval process.
Such flexibility can allow an applicant to sensitively fit a project to a challenging site.
-2-
d) Requested Variance to Maple Ridge Zoning Bylaw:
• Section 1033 CD-3-98 D 3 b - Height:
The maximum height shall be varied from 9.75 metres to 11.0 metres for all residential lots in
Phases 5 and 5A as shown on Appendix B.
• Applicants Reasons for the requested height variance:
o A slope analysis has been provided that shows that the slopes range from 10% to 25%
grade (Appendix C). This creates problems when trying to achieve the overall design
theme that Portrait have encouraged with their building types;
o The requested variance relates more to increase in ceiling heights and roof forms and
higher roof pitches rather than increased massing of the actual building.,
o Will eliminate the need to artificially manipulate the grades at the building corners.
o Will eliminate unnecessary retaining walls, driveway and rear garden window wells.
Staff Comments:
The requested variance is supported. The applicant has provided and demonstrated that this
variance will allow them to achieve a high design standard that has been established with the .Phase
1 to 4 developments. We note that:
• the height variance relates more to roof forms and higher roof pitches than increased massing of
the actual building; and
• the steep slopes in these phases make it difficult to achieve the building type as noted above
without artificially regarding and manipulating the site with the use of retaining walls.
For information, building heights for single family development are being reviewed in a larger context
and will be the subject of a future report to Council.
e) Citizen/Customer Implications:
There are no citizen or customer implications with this application. The requested variance will permit
the same housing form that was developed in phase one and two of this subdivision.
f) Alternatives:
If this application was not approved the applicants would have to re-evaluate the development and
explore ways to meet the Zoning Bylaw and consider what compromises would be feasible. Some of
the options may include changing their desired design approach, moving to flatter roof forms,
reviewing their grading plan. Combinations of these options may be needed and depending on the
options chosen may result in other implications for the subdivision such as modifications to the
engineering drawings with regard to service locations, driveway letdowns etc.
-3-
CONCLUSION:
The proposed height variance has been reviewed with respect to the existing phases that have
already been developed and with consideration to site conditions of steep slopes and the developer's
request for steeper roof pitches and higher ceilings to ensure a unified approach to their
development. it is therefore recommended that Council approve Development Variance Permit
VP/063/06.
Prepared by: Ann Edwards, CPT
Plan ni Technician
VAt, Z
A ved ne PickerCIPporer or o ning
Approved b . Frank Quinn, MBA, P.Eng
GM: Public Works & Development Services
Concurrence:' aul ill.
Acting Chief Administrative Officer
AE/dp
The following appendices are attached hereto:
Appendix A:
Subject Map
Appendix B-1:
Phase 5 subdivision
Appendix B-2:
Phase 5A proposed subdivision
Appendix C-1:
typical building elevations R-1 lots
Appendix C-2:
typical building elevations R-3 lots
h
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District Of
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PLANNING DEPARTMENT
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SCALE 1:2,500
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DATE: Jul 7, 2008 FILE: VP1063106 BY: TM
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(p •�1h �N �' -
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r,,ce.oe
Damax Consultants Ltd.
312 - 750 T erminal Ave
Vancouver, B.C. V6A 2M5
el. 224-6827 Fay 689-3:1km
District of Maple Ridge
RIDGEMAPLE
Deep Roots
Greater Heights
TO: His Worship Mayor Gordon Robson DATE: - July 8, 2008
and Members of Council FILE NO: E03-010-068
FROM: Chief Administrative Officer ATTN: C of W
SUBJECT: Award of Contract E03-010-068: 267 Street Watermain South of Dewdney Trunk
Road to 118 Avenue
EXECUTIVE SUMMARY:
The residents on 267 Street south of Dewdney Trunk Road (DTR) to 118 Avenue have filed a valid.
formal petition to extend the watermain on 267 Street through the Local Area Service Program. The
works include installation of 425m of 200mm ductile iron watermain on 267 Street south of DTR to
118 Avenue, complete with two fire hydrants, valves and related ancillary equipment and service
connections to each of the 12 lots fronting the new main.
The project was tendered on June 18, 2008. Although nine contractors responded to the invitation
to bid, the District received only seven tenders. The tender bids ranged from $127,349.51 to
$252,000.00 GST inclusive. The lowest bidder is Lups Contractors Ltd. with a bid of $127,349.51
and the second lowest is Timbro Contracting Ltd. at $164,193.75.
RECOMMENDATIONS:
THAT Contract E03-010-068: 267 Street Watermain South of Dewdney Trunk Road to 118 Avenue,
be awarded to Lups Contractors Ltd. in the amount of $127,349.51; and
THAT the Corporate Officer be authorized to execute the contract.
DISCUSSION:
a) Background Context:
In February 2007, the District received a preliminary.petition signed by 75% of the residents
on 267 Street between 118 Avenue and DTR. In response to this preliminary petition, a cost
estimate to serve 12 parcels on 267 Street and a formal petition were prepared and
circulated to residents.
On November 16, 2007, the formal petition was returned and the formal petition is sufficient
and valid.
Council approval to prepare the bylaw to establish a LAS to extend the watermain and
provide service connections to 12 lots on 267 Street was received on January 22, 2008.
On April 11, 2008, CitiWest Consulting Ltd was awarded the contract to prepare the detailed
design for the watermain.
1103
An Open House.was held on May 22, 2008 to present the final design and confirm with
property owners, the preferred service connection locations.
The project was tendered on June 18, 2008. Although nine contractors responded to the
invitation to bid, only seven contractors submitted bids. The bids have been reviewed and
staff recommend that Lups Contractors Ltd. be awarded the contract for this project.
b) Strategic Alignment:
The Corporate Strategic Plan includes financial management and environment as strategic
focus areas.
The financial management focus area encourages the continuation of a user pay philosophy
and the provision of high quality municipal services to our citizens and customers in a cost
effective and efficient manner. This project meets these objectives.
The environment focus area encourages water management by requiring metered water
service connection and therefore encouraging the conservation of water.
c) Citizen/Customer Implications:
Costs of the water service have been estimated at $251,000, to be shared equally among
the 12 existing homes (the per property cost amounts to $20,916.67). The tender bid is
$127,349.51 but does not include the design fee, watermain tie-in cost and other ancillary
charges. When the final costs are determined, the owners will be offered the option to either
pay the actual `commuted' cost or have the cost placed on the tax roll and amortized over a
period of 15 years at the interest rate set by the MFA and the Finance Department. Since it
is anticipated that funding for this project will be from internal funds set aside for LAS
projects, residents will be able to pay off the outstanding balance anytime during the term
without incurring a penalty.
This service will provide a water system and a connection to the system at the property line.
In order to complete and commission the service, owners will then need to install, at their
cost, a connection from the residence to the water service connection at the property line.
Of the 12 parcels involved in this LAS, approximately 92% are more than 0.8 hectares in
area. Since the OCP designation on 267 Street is Suburban Residential (minimum parcel
size of 0.4 hectares), it is anticipated that some of the parcels within the LAS area may apply
for rezoning and subdivision in the future. The parcel charge is based on one connection per
parcel and does not reflect any future subdivision potential.
d) Interdepartmental Implications:
When the construction of the service is completed, the Finance Department will confirm the
actual costs, impose the final actual costs as a levy and place the notation on the tax roll of
the benefiting property owner.
e) Business Plan/Financial Implications:
Borrowing authority is required to make available sufficient funds to cover the costs of this
LAS through the capital program.
f) Policy Implications:
All the properties identified in this LAS will be included in the Rothsay Service Area. The water
servicing for the area is governed by Maple Ridge Water Service By -Law 6002-2001. All
properties greater than 0.4 hectares must be metered and the cost to install the meter is
borne by the property owner.
CONCLUSION:
The tender price of $127,349.51 including GST by Lups Contractors Ltd. for the 267 Street
watermain extension is the lowest tender price. Council approval to award the work is
recommended.
9
r
Prepared by: ' Maria Guerra, PEng.
Project Engineer
Reviewed by: /TQ�f Fryer,
& Development Engineering
Approved by: frank Quinn, MBA, PEng.
General Manager: Public Works & Development Services
Concurrence A. (Jim) Rule
41 Chief Administrative Officer
1
MG/mg
MAPLE RIDGE
British Columbia
l�
FROM:
SU BJ ECT:
DISTRICT OF MAPLE RIDGE
His Worship Mayor Gordon Robson DATE: July 14, 2008
and Members of Council FILE NO: DVP/074/06 &
DP/007/05
Chief Administrative Officer ATTN: C of W
Development Permit and Development Variance Permit
Lots 1-34, Section 3, Township 12, NWD Plan BCP35192
24100 block 104 Avenue
EXECUTIVE SUMMARY:
An Intensive Residential Development Permit and Development Variance Permit application have
been made for the 34 subject properties.
As the zoning for this proposed development is R-3 (Special Amenity Residential District), the
Intensive Residential Development Permit applies to this proposed development. The Intensive
Residential Development Permit was established to provide a greater emphasis on high standards
in aesthetics and quality of built environment while protecting important qualities of the natural
environment.
Due to topographic challenges, a Development Variance Permit application has been made for the
subject properties to vary the maximum building height in the R-3 (Special Amenity Residential
District) zone from 9.75 metres to 10.5 metres.
RECOMMENDATION:
That the Corporate Officer be authorized to sign and seal DVP/074/06 respecting Lots 1-34,
Section 3, Township 12, NWD Plan BCP35192 and further;
That the Corporate Officer be authorized to sign and seal DP/007/05 respecting Lots 1-34,
Section 3, Township 12, NWD Plan BCP35192.
DISCUSSION:
a) Background Context:
Applicant: The Symphony Development Corporation
Owner: The Symphony Development Corporation
Legal Description: Section: 3, Township: 12, Plan: 7292
Section: 3, Township: 12, Plan: 7292
Lot: 37, Section: NW3, Township: 12, Plan: 41519
1104
101wi
Existing:
Zoning:
Existing:
Surrounding Uses
North: Use:
Zone:
Designation
South: Use:
Zone:
Designation:
East: Use:
Zone:
West:
Designation:
Use:
Zone:
Designation:
Existing Use of Property:
Proposed Use of Property:
Site Area:
Access:
Servicing:
Previous Applications:
b) Project History:
Medium Density Residential, Conservation
R-3 (Special Amenity Residential District)
Single Family Dwelling
RS-2 (One Family Suburban Residential) &
RS-3 (One Family Rural Residential)
Medium Density Residential and Conservation
Conservation and Single Family Dwelling
RS-3 (One Family Rural Residential) and
R-3 (Special Amenity Residential District)
Conservation and Medium Density Residential
Single Family Dwelling
R-3 (Special Amenity Residential District) and
RS-3 (One Family Rural Residential)
Medium Density Residential
Single Family Dwelling
RS-3 (One Family Rural Residential)
Medium Density Residential
Vacant
Single Family Dwellings
Lots range from 280.5 m2 to 294.9 m2
104 Avenue, 242 Street, and 103A Avenue
Full Urban
DP/074/06, VP/007/05, RZ/007/05,
SD/007/05
The subject site was zoned R-3 (Special Amenity Residential District) on October 1.0, 2007. A
Development Permit for Watercourse Protection was approved by the Director of Planning on
January 22, 2008. The subdivision was approved by the Approving Officer on February 16, 2008.
During the initial phases of the project, a rear lane had been proposed. However, due to the
significant enlargement of the environmental dedication on the site, the rear lane was eliminated
and the lots were pushed further north. As such, the proposed house designs have garages facing
the streets, which is consistent with the RS-1b (One Family Urban (medium density) Residential) lots
further east along 104 Avenue.
c) Project Description:
As the lots are zoned R-3, the proposed development is considered Intensive residential and
requires Council's approval of an Intensive Residential Development Permit for form and character
prior to a Building Permit being issued.
-2-
Due to grades, the proposed homes also require a variance to increase the maximum building
height from 9.75 metres to 10.5 metres.
Planning Analysis:
Intensive Residential Development Permit:
The Intensive Residential Development Permit Area was established to provide a greater emphasis
on high standards in aesthetics and quality of the built environment while protecting important
qualities of the natural environment. The key guideline concepts for the development permit area
are as follows:
1. Neighbourhood cohesiveness and connectivity should be maintained through the design of
varied yet compatible buildings, in materials used and in architectural styles, in landscapes and
in recreational areas, and by facilitating a range of transportation choices.
• The proposed development is surrounded by residential uses and is compatible with
other R-3 developments in the area.
• 15 different single family housing designs are proposed. Each is similar in character,
but will be varied through different material and colour options and through
architectural design.
• A street tree plan has been submitted to the District, which meets the District's Street
Trees Guidelines.
2. A vibrant street presence is to be maintained through a variety of housing styles, by maintaining
street parking and by directing garage structures and off-street parking to the rear of a property
accessible by a lane.
• The proposed single family homes front the proposed streets to be constructed and
main entrances are clearly visible and can be directly accessed from the public
sidewalk.
• The applicant does not repeat identical designs within three adjacent properties, which
provides visual variety along streetscapes.
• As this subdivision does not include lanes, the majority of garages are located at the
front of the proposed homes. However, the applicant has made efforts to minimize the
impact of garage doors through the following.
o The corner lots, Lots 11 and 22, have minimized the impact of the garage by
relocating the garage on the exterior side closer to the rear. The garages on
these lots have also been recessed behind the main building fagade.
c Lots 1-5 and 12-21 have garages which enter into the basement level due to
grades; therefore, as stated in the Official Community Plan in section 8.8.2
Guidelines, A. Building Design Massing and Siting, 7(d) the maximum width
limitation for garages need not apply where severe grade limitation allows the
garage to be located within the basement level. These lots are also recessed
behind the main building fagade.
o Where garages exceed the 50% width limitation the applicant has used 2 single
garage doors instead of one large garage door. On lots 23, 25, 27, 31, and 33,
-3-
the entry feature has been brought forward to reduce the dominance of the
garage.
o Landscaping has also been introduced to soften the impact of the garage doors.
Lots 1-5, 11, 12-22 have provided porches to define entry ways and to provide outdoor
living space. The location of the garages for all other lots do not allow for porches;
however, the entry ways have been elevated for definition and decks or patios have
been provided at the rear for outdoor living space.
Development Variance Permit:
In addition to the Development Permit, the applicant has requested a Development Variance Permit
for building height. Due to the grades of the subject property, variances are required to increase the
maximum building height in the R-3 (Special Amenity Residential District) zone. The maximum
height in the R-3 (Special Amenity Residential District) zone is 9.75 m or 2 storeys, whichever is the
lesser of the two. The requested variance is to 10.5 m, a difference of 0.75 m. This will ensure that
sanitary pumps will not be required in the basements of some homes and allows the designer to
create a more attractive housing design.
d) Environmental Implications:
A Watercourse Protection Development Permit was approved by the Director of Planning on January
22, 2008.
e) Citizen/Customer.lmplications:
The developer will not be issued a building permit for show homes or permanent units until a
Development Permit has been approved.
CONCLUSION:
As the development proposal complies with the objectives of the Intensive Residential Development
Permit Area, it is recommended that DVP/074/06 and DP/007/05 be given favourable
consideration.
Preps ed by: dina Le
Planning Technician
Approved f lane Pickering, MCP, MCIP
Di cto of PIa ing
Approved by: Frank Quinn, MBA, P.Eng
G Public Works & Development Services
Concurrence: PaJI Gill
Acting Chief Administrative officer
-4-
AL/d p
The following appendices are attached hereto:
Appendix A: Subject Map
Appendix B: Intensive Residential Development Permit Area Guidelines Checklist
Appendix C: Site Plan
Appendix D: Elevations
Appendix E: Street Tree Plan & general Landscape Plan
-5-
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CORPORATION OF
.N THE DISTRICT OF
io
s" _ • , MAPLE RIDGE
PLANNING DEPARTMENT
DATE: Jul 14, 2008 FILE: Untitled BY: AL
River
Append iX B
Pursuant with Section 8.8 of the Official Community Plan, intensive residential developments will be
aaGe66ed against the following (oral and character guidelines.
This checklist is intended to aid in the review of residential development permits and is to be completed by
the architect of record for the project. It is noted that the project will also be reviewed for consistency with
the guidelines by the Planning Deparunent staff and tfie Advisory Design Panel.
Key Guidelive Concepts
Consistent
Yea No
If No, provide
justification for
inconsistency
I. Neighbourhuod cohesiveness and connectivity should
be maintained through the design of varied yet
compatible buildings, in materials used and in
architectural styles, in landscapes and in recreational
� f
areas, and by facilitating a range of transportation
V
choices.
2. A vibrant street presence is to be maintained through
a variety of housing styles, by maintaining street
parking and by directing garage structures and off -
Street parking to the rear of a property accessible by a
lane.
Guidelines
Consistent
if No, provide
Yes No
justification for
incoaasistency
A. Buildiog Design, Massing and Siting
1. The existing neighbourhood should, where
appropriate, provide a design reference for new
development to reinforce neighbourhood stability.
Unity, symmetry, and proportion should be the
guiding principles of any architectural vernacular,
2. Attention should be paid to general arcbitectural style
and detailing, scale, finishing materials, character and
materials of facades and roof treatment and treatment
of entranceways,
3. Provide visual variety along stteetscapes by varying
individual unit desiam. Avoid significant repetition
either within a ruw of houses, or between adjactmt
ti /
V
rows of houses. Identical designs should not be
repeated within three adjacent properties.
4. Buildings should front abutting streets_ Main
entrances should face the street, be clearly visible,
and be directly accessed from the public sidewalk.
Entrances should reinforce proximity to grade level
and should avoid two -storey features.
S. The use of porches or verandas to define entries and
/
create exterior living space is encouraged.
V
6. Building setbacks from roadways will generally be
Icss than is typical of lower density residential
development. As much as possible, entries and main
living spares should be elevated by approximately 1
meter from the fronting street grade to ensure privacy
v
can be maintained.
7. The presence of garage doors along roadways should
be minimized in order to enhance the pedestrian
experience. Where front facing garage doors are
unavoidable, the impact of garage doors on the public
realm will be mitigated by.
a) designing residential units with enough width to
include attractive entrances and windows
between garagrs;
b) recessing garage doors a minimum of 0.6 metres
(2 it-) behind the main building fagade;
c) providing interior spaces that overlook the street;
d) limiting the width of the garage door to no more
than 50% of the building width, as seen from the
fronting road. Where severe grade limitation
allows the garage to be located within the
basement level, this maximum width limitation
need not apply; and
e) separating and orienting unit entrances to the
street.
8. Buildings should be designed and located on a site to:
a) preserve and incorporate natural features or
views;
b) minimize impacts on natural features and
/
agricultural lands; and
1/
c) accommodate natural grades to ensure minimal
grading is required.
9. Developments adjacent to treed slopes, ravines and
watercourses trust respect natural vegetation, use
natural landscaping to retain soils on the site and may
require additional setbacks as established by agencies
having jurisdiction. Creeks and ravines are
encouraged to be retained in thcir natural state.
Buildings and structures should be integrated into
natural slopes and other significant features.
10. New developments are encouraged to incorporate
Low Impact Development =) techniques into their
site planning. Consider employing techniques such as
rain gardens, vegetated swales, separation of
impervious surfaces, installing below surface
infiltration beds and tree box filters, and redirecting
water from drain pipes into vegetated arras.
-2-
D. Landscaping and Open space
I. Recreation space shotdd be provided within a 2 to 5
minutes walking distance of a residence. This is
equivalent to desirable maximum distance of 240
meters to an absolute maximum of4UU meters.
2. The design of recreational spaces should reflect the
anticipated needs of the residential population and
should have sun exposure year-round.
V
3. Recreation areas should be easily observed by Nearby
residences and should be sited so as to not conflict
_ /
'V
with the enjoyment of private outdoor space.
4. Whenever possible, measures should be takco to
retain existing trees and vegetation on the
development site.
5. Street trees should be required as a component of all
new development.
f
5. Simplicity in landscape materials is desirable and
should be encouraged for screening purposes_
Landscaping should provide definition for pedestrian
corridors, delineate private or semi-privalc space
froth public space, and provide adequate screening
V/
for private outdoor spare. The scale and location of
planting material should be consistent with the scale
massing of adjacent buildings and seek to
complement them.
7. Landscaping should:
a) provide definition for pedestrian corridors;
b) delineate private and semi private space from
public space;
e) provide adequate screening between private
outdoor spaces;
�E
d) present it pleasing street image,
e) provide suitable buffering between public road
and privacy areas;
f) soften the transition between adjacent land uses;
g) provide a buffer between residential and non-
residential land uses; and
h) create interesting views and focal points into and
out of the site.
I. Energy efficiency and conservation should be
considered in the design of landscaped areas and in
the, selection of -plant material. 'Phis can be
accomplished through:
a) The use of native and/or drought resistant
species;
b) designing the landscaping to moderate the effect
of wind;
-3-
c) providing shade in summer,
d) allow daylight into buildings; and
e) allow natural drainage to occur throughout the
site.
C. safety
1. Design developments to maximizx opportunities for
natural surveillance, allowing people to easily view
what is happening around them during the course of
everyday activities. Crime Prevention through
J
Environmental Design principles and techniques are
y
encouraged.
D. Fencing
I. Front and exterior side yard landscape screens or
fences are encouraged as a rmans of defining public
and private space. Notwithstanding the requirements
of the ironing Bylaw, fences in front yards should be
reduced somewhat in height from the maximum
permitted.
2. Fences that are adjacent to a street should be
somewhat transparent (such as a picket type) father
than solid board, and should be in combination with
landscaping along the street edge.
3. Chain link fences are to be avoided, and are
discouraged along street frontages.
4. Any fencing should be provided in combination with
landscaping the street
on side.
F. Vehicle Access, Parking & Circulation
I. On public roads parking is to be accommodated on
streets and to the rear of residences accessed by a
lane, where possible_ Where parking garages are
oriented towards the street, the garage width should
not exceed 50% of the total building width.
2. On private roads, parking is to be accommodated
within garages/carports and driveways or discrete
parking areas. Parking garages should not exceed
50% of the building width nor project forward.
Parking areas should accommodate alternative uses
such as play areas. This is bast achieved with the use
of alternative materials to those used on roadways.
As much as possible visitor parking or common
parking areas should be several small sites rather than
a few larger sites.
3. Public roads and lanes should:
1
a) provide efficient circulation for service vehicles
V
-4-
and enwurage vchicics to maintain appropriate
speed through physical design.
b) provide sufficient access for emergency responsc
vehicles to all buildings an a site.
c) conform to the existing grades as closely as
possible and be aligned to run parallel to natural
contours to ensure minimal disruption of slopes
and vegetation.
d} encourage pedestrian connections to adjacent
properties.
4. Private Roads should provide efficient circulation,
encourage appropriate speed through physical
design, and accommodate pedestrian use through the
use of alternative paving materials, such as patterned
concrete or paving stones, or with grade changes.
5. Parking should he accommodated on -site within
garages or discrete parking areas and to the star of
V
V
residences accessed by a [tine, where possible.
6_ Consider the use of permeable parking pavers or
shallow concrete swales with relied edges as an
alternative treatment for surface drainage,
F. Llghctng
1. Street lighting is required on public streets and should
IJ
be provided for all private streets within a
deve]opment.
2_ Lighting is to be pedestrian focused and as such
should be located at a maximum height of 4 meters
and at lesser intervals than standard davit streetlights.
3. Care should be taken to ensure that lighting does not
pose a nuisance to adjacent residences, pedestrians, or
a /
motorists by way of glare.
v
G. Universally Accessible Design
1. Whenever possible, pedestrian access for all areas of
a site should be designed to be accessible to disabled
persons. Careful consideration should be given to
the proximity of pathways to private space, ensuring
sufficient separation to avoid conflicts.
-5-
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Date:
Architect Name/Company P-J LAli Q
Municipal File No.
Plan Description: 3 `! L-OT SWLF FAMI L-4 sug pfy[3lb0
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OL M
CORPORATION OF THE
DISTRICT OF MAPLE RIDGE
TO: Mayor Robson DATE: July 3, 2008
and Members of Council FILE NO:
FROM: Chief Administrative Officer ATTN: C.O.W.
SUBJECT: UBCM Emergency Planning Grant Application 2008
EXECUTIVE SUMMARY:
The UBCM has provided an opportunity for member municipalities to apply for an Emergency
Planning Grant to improve the preparedness of local communities. The application requires a
resolution from Council approving the application.
RECOMMENDATION(S):
That the 2008 UBCM Emergency Planning Grant application, prepared by the Emergency Coordinator
and attached to the July 2008 report on this subject for submission to the UBCM, be approved and
supported.
DISCUSSION:
a) Background Context:
The District received notification of a UBCM emergency planning grant opportunity. Grant
funds are available to assist municipalities in developing emergency plans to better manage
their local hazards. If grant funds were awarded we would update the Joint Emergency
Evacuation Plan for Maple Ridge and Pitt Meadows to reflect the British Columbia Emergency
Response Management System (BCERMS) and update it to reflect the needs of responders
from both communities. Municipalities are eligible to be funded at 75% of the total program
cost, to a maximum of $5,000. As this is a joint program with Pitt Meadows the maximum
available would be $10,000.
b) Desired Outcome:
To update the Joint Emergency Evacuation Plan
c) Strategic Alignment:
The completion of updating the manual would help accomplish a number of Council's goals
under the strategic focus area of "Safe and Livable Community"
d) Interdepartmental Implications:
The plan is to hire a consultant to review, update and revised the Joint Evacuation Plan.
Therefore there would be minimal participation from other departments.
e) Business Plan/Financial Implications:
1131
Municipalities are eligible at 75% of the total program cost to a maximum funding of $5,000.
f) Alternatives:
If grant funds are not available this particular program will not take place at this time.
CONCLUSIONS:
The Emergency Management Committee recognizes this grant as an opportunity to move the
Emergency Program forward and requests that Council approves the recommendation.
r p red y: Mike Davies
Emergency Coordinator
Concurrence: �-Mike,Murrdy
Geier ana er Park & Leisure
.L. (Jim),Rule
thief Administrative Officer
BM
2
APPLICATION FOR FUNDING
UBCM EMERGENCY PLANNING PROGRAM
EVACUATION MANUAL REVIEW
The District of Maple Ridge and the City of Pitt Meadows have an integrated
emergency preparedness partnership referred to as the Joint Municipal Emergency
Program (JMEP).
This application for funding under the UBCM is submitted on behalf of the District of
Maple Ridge
Mike Davies
Emergency Coordinator
District of Maple Ridge
Phone 604 467 7447
Email: mdavies@ma lerid e.ca
Approximately eight years ago the City of Pitt Meadows and District of Maple Midge
signed an Integrated Emergency Program Agreement and created a Joint Municipal
Emergency Program (JMEP). This agreement was renewed in November of 2007. A
Joint Emergency Management Committee comprised of senior staff and the two
Emergency Program Coordinators from both municipalities govern the JMEP and its
responsibility annually is to develop an integrated emergency program business plan.
During the Freshet of 2007 the Emergency Programs developed extensive Fraser
River Freshet Operational Flood Management Plans. It became evident that the
existing Joint Evacuation Plan that was developed 2005 no longer satisfies the model
set forth in the Operational Flood Management Plan. Therefore a comprehensive
review and update of the plan is needed to integrate it into the JMEP.
The objectives of this project will be to:
• Update the JMEP Evacuation Plan to reflect the needs of Police, Fire,
Public Works and the EOC and to make it more BCERMS friendly.
• Develop an evacuation plan based on the type of threat, population, time,
weather, communications, response resources and capabilities
Develop notification and instructional information for people within the
threatened area to expedite the evacuation of persons from the hazardous
area, control evacuation traffic and provide adequate means to transport
persons without vehicles
The maximum funding available under the UBCM is $5,000.00
The JMEP will identify a consulting firm that can produce the required emergency sub
plan within the available funding. The total program cost is estimated at $15,000.00
with Maple Ridge's share to be $7500.00. Under the program, a local government is
eligible to be funded at 75% of the total program costs.
This funding application is therefore for an amount of: $5,000.00
The municipality's portion of the application is therefore
in the amount of: $2,500.04
Some or this entire amount may be in the form of in -kind contributions as permitted
by the Program and Access Guide.
Cost summary:
Consultant fees and expenses
lw$5,000.00
GST:
Maple Ridge's Share (contribution in-
kind)
$2,500.Q0
Tota 11,
$7,500.gM
A final report in accordance with the Program and Access Guide with a copy of the
developed Evacuation Plan will be submitted on or before February 28, 2009.
Community Emergency Program Review
Page 1 of 6
Ministry of Pudic Suety and Solicitor General
Community Emergency Program Review
How prepared is my community?
Organization: 16istrici of Maple Ridge Document completed
by: JMike Davies
.............................................
Date: July 08
SECTIONQUESTION QUESTION CHOICE POSSIBLE ACTUAL
NO. SCORE SCORE
1
Emergency Program & Legislative
X800
Requirements
ESSENTIAL PROGRAM
1-1
Has the community passed a bylaw(s) authorizing the
45
45
development of an emergency program?
Yes
1_2
Does the bylaw include the authority to appoint an Executive
2�
25
Committee of Council comprised of two or more elected
Yes
officials?
1-3
Has an Executive Committee of Council been appointed?
25
25
Yes
1-4
Does the bylaw include the authority to appoint an
?�
25
Emergency Planning Committee?
Yes
1-5
Has an Emergency Planning Committee been appointed?
25
25
Yes
1-6
Does the bylaw include the authority to appoint an
25
25
Emergency Coordinator?
Yes
1-7
Has an Emergency Coordinator been appointed?
25
25
Yes
1-8
Have the duties of the Emergency coordinator been clearly
25
25
established or set out in the bylaw or plan?
Yes
1-9
Has the coordinator been provided with the appropriate level
25
25
of authority or decision making ability?
Yes
1-10
Does the bylaw allow for the allocation of financial support
- _ - - -- -- -A
25
25
for extraordinary expenses incurred during emergency
Yes
conditions?
ENHANCED PROGRAM
1-11
Does the organization have a clear, written Emergency
Program Overview containing the following five (5) key
elements?
1. Enabling authority, applicable legislation, regulations,
30
30
and industry codes of practice.
Yes
2. Scope, guiding principals, mission statement, goals,
30
30
objectives, strategies, and action plans.
Yes
3. Management policies and procedures.
30
36
Yes
fle://X:17135 Emergency MeasureslArchivesTOCTommunity EP Review Jan 08.htm 03/07/2008
Community Emergency Program Review
Page 2 of 6
4. Key definitions and references to standard operating
31)
30
procedures.
Yes
S. Strategic Plan with a program budget, action plans and
30
30
management and implementation schedules.
Yes
1-12
Do individuals responsible for the Emergency Management
60
60
Program have access to, and understand "key" definitions
Yes
and Standard Operating Procedures used throughout the
program?
1-13
Has council or board committed to providing policy
55
55
guidance and direction to your local emergency
Yes
management organization?
COMPREHENSIVE PROGRAM
1-14
Is the coordinator employed full-time as the coordinator?
265
265
Yes
2
Hazard, Risk and Vulnerability
�00
Analysis
ESSENTIAL PROGRAM
2-1
Has the Emergency Management Committee completed an
135
135
on-line Hazard, Risk and Vulnerability Analysis (HRVA) and
Yes
contacted hazard experts for guidance on ranking hazard
.............
likelhood?
2-2
Have the results of the HRVA been used to improve the
135
135
emergency program?
Yes
ENHANCED PROGRAM
2-2.
Has an HRVA advisory committee been established in the
........
35
35
community that is supported by the Executive Committee?
Yes
2-3
Has an HRVA advisory committee completed a Hazard, Risk
50
50
and Vulnerability Analysis (HRVA) using the HRVA Tool Kit?
Yes
2-4
Have each of the following steps in the HRVA Tool Kit been
completed:
1. Created a workplan and schedule?
20
20
Yes
2. Completed HRVA training of the advisory committee?
....
...... .. ........
20
20
Yes
3. Gathered risk information and hazard maps and
20
20
provided a progress report to the Executive Committee?
Yes
4. Identified existing hazards, vulnerabilities, response
20
20
capability, developed hazard scenarios and provided a
Yes
progress report to the Executive Committee?
5. Addressed the possibility of the simultaneous
...........
20
20
occurrence of different types of emergencies?
Yes
6. Ranked the hazard scenarios, identified possible risk
20
20
reduction measures and provided a progress report to the
Yes
Executive Committee?
7. Evaluated the risk profile, risk reduction measures and
20
20
draft action items; and provided a progress report to the
Yes
Executive Committee?
8. Developed a public consultation plan?
20
20
Yes
9. Finalized action plans for inclusion in the Strategic
20
20
Plan?
Yes
COMPREHENSIVE PROGRAM
2-5
Is the HRVA updated annually and whenever there is a
... -
76-5
265
change in the hazards and risks in the community?
Yes
3
Risk Mitigation
FD_]
Soo
ESSENTIAL PROGRAM
3-1
Are the emergency program elements and scope of the
60
60
program determined by the Hazard, Risk and Vulnerability
Yes
Analysis?
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Community Emergency Program Review
Page 3 of 6
3-2
Have the results of the Hazard, Risk and Vulnerability
71) 70
Analysis been shared with the community to increase
Yes
awareness and preparedness to help with risk reduction?
3-3
Have risk reduction action items been created based upon a
70 70
Hazard, Risk and Vulnerability Analysis?
Yes
3-4
Have steps been taken to remove, reduce in size or eliminate
70 70
hazards such as avoidance through appropriate land use
Yes
practices or designation of dangerous goods routes to
......... ......
segregate the hazard from people, property or environment?
ENHANCED PROGRAM
3-5
Have identified risk reduction action items been 1. prioritized
175 175
based upon the legal requirements, degree of risk control,
Yes
cost and secondary benefits; and 2. formed part of an
implementation schedule?
3-6
Are appropriate building construction standards used and
30 30
structures at risk relocated or retrofitted?
Yes
3-7
Are hazard warning, communication and evacuation
30 30
capability and procedures established?
Yes
3-8
Have controls been implemented to modify the exposure to
30 30
the hazard?
Yes
COMPREHENSIVE PROGRAM
3-9
Does the community have a mitigation strategy in place to
200 200
reduce the risk from identified hazards, and address
Yes Ag
vulnerabilities and HRVA action items including plans for the
preparation for, response to, and recovery from emergencies
and disasters?
3-10
Have protective systems or equipment been acquired or has
6-5 65
redundancy of critical systems been established?
Yes
4
Preparedness
19 800
- Training/Drills/Exercises
ESSENTIAL PROGRAM
4-1
Is annual training conducted for emergency management
- 100 100
staff, emergency social services and other volunteer
Yes
organizations and emergency operations centre staff?
4-2
Is an annual exercise conducted to evaiulate emergency
100 100
response and recovery plans?
Yes
4-3
Does the communty have an emergency preparedness
'70 70
awareness program?
Yes YJ
ENHANCED PROGRAM
4-4
Does an overall training and exercise schedule exist, from
30 30
orientation seminars to full-scale exercises?
Yes
4-5
Do all key members of the emergency management and
55 55
operations staff and volunteers attend regular emergency
Yes
management training/drills, and participate in regular
exercises with agency and business reps, e.g., participation
by industries that manage hazards and businesses that
maintain critical infrastructure?
4-6
Has the setup and operation of the EOC(s) been exercised
30 30
and have provisions been made and responsibility
Yes
established for maintaining the EOC(s) in a state of
readiness?
4-7
Does a system exist for evaluating the effectiveness of
30 30
training, drills, exercises and response to emergencies?
Yes
4-8
Are post -exercise and post -event debrief sessions held?
30 30
Yes
4-9
Have post -exercise and post -event reports been completed
30 30
with follow up actions of lessons learned? .
Yes
4-10
Has the community incorporated changes to the emergency
30 30
program due to recommendations of lessons learned and
Yes
identified through debrief sessions and post -exercise or
post -event reports?
4-11
Has the local executive council been notified of any changes
30 30
to the program as a result of recommendations from debrief
Yes
sessions, post -exercise or post -event reports?
file://X:17135 Emergency Measures\Archives\EOC\Community EP Review Jan 08.htm 03/07/2008
Community Emergency Program Review
COMPREHENSIVE PROGRAM
4-12 Has the community developed a detailed risk -based public
education program as a result of an emergency program Yes
action item? ..................
4-13 Has a community emergency management week been
designated to publicize the emergency program and Yes
5
5-1
5-2
5-3
5-4
5-5
5-6
5-7
5-8
5-9
5-10
5-11
recognize the contribution of volunteers and all partners?
Response Planning
ESSENTIAL PROGRAM
Has the community developed a response plan, approved by
the Executive Committee and Council/Board/Band, to deal Yes
with the immediate and short-term effects of an
emergency/disaster?
Has the community consulted with the Provincial Emergency
Program in plan development? Yes
Through the response planning process, has the community
considered the following:
1. The provision of contact numbers for the Provincial
Emergency Program, to coordinate the response of Yes
provincial assistance if required.
2. Including or liaison with neighbouring first nations
communities. Yes
Has the community entered into mutual aid arrangements
with neighbouring communities, organizations and first Yes
nations for emergency resources or assistance of any kind?
Does the response plan include the following elements:
rM1
1. Contingency plans for potential emergencies and
disasters that could affect the area for which your
Yes
jurisdiction is responsible.
2. Procedures by which emergency plans are to be
----------------- ----- ---- --
implemented.
Yes
3. A clear outline of who is to be called first if an event
exceeds the capability of the first responders to the scene.
Yes
A. A concept of operations or Incident Command System
with a clearly outlined chain of command, and guidelines for
Yes
implementation, direction and control, through all levels of
operation that is consistent with the BCERMS standard.
5. An evacuation policy, procedure and plan.
Yes
6. Procedures to coordinate the provision of Emergency
Social Services (ESS) food, clothing, shelter, transportation
Yes
and medical service to victims of emergency and disasters.
7. Procedures by which physical and financial emergency
- -
resources or assistance may be obtained.
Yes
Has the community approved and set up an Emergency
Operations Centre (EOC)?
Yes
Has the community identified reception centres and
developed a capability to provide emergency social
Yes
services?
ENHANCED PROGRAM
Does the Emergency Operations Centre (EOC) utilize a
concept of operations using the Incident Command System
Yes
and BCERMS structure?
Does the Emergency Operations Centre (EOC) use detailed
standard operating procedures and have arrangements been
Yes
made to provide appropriate specialist and capable auxiliary
staff during an emergency?
Have both an emergency alert and warning plan as well as a
public information plan been prepared?
Yes
Does the community have established reception centres for
evacuated residents and/or to receive residents from a
Yes
neighbouring community impacted by an
emergency/disaster?
Page 4 of 6
135 135
130 130
800
61) 60
10 10
to 10
10 10
10 10
10 10
10 10
10 10
10 10
10 10
50 50
50 50
30 30
30 30
30 30
30
30
file://X:17135 Emergency Measures\Archives\EOClCommunity EP Review Jan 08.htm 03/07/2008
Community Emergency Program Review
Page 5 of 6
5-12
Have provisions been made for emergency power, lighting
30 30
and communications equipment in EOC(s) and all
Yes
designated reception centres?
5-13
Do the designated primary and alternate EOC locations
30 30
provide adequate measures of protection from hazards,
Yes
such as earthquakes, and have provisions been made to
support continuity of operations?
5-14
Has the emergency plan identified who is responsible for
30 30
overall command of emergency and disaster operations in
Yes
the EOC?
5-15
Have provisions been made for the inspection and/or testing
30 30
of critical EOC equipment/facilities on a regular basis?
Yes
5-16
Have provisions been made to control access to the EOC by
? , 25
unauthorized personnel?
Yes
COMPREHENSIVE PROGRAM
5-17
Were opportunities provided for the public to be involved in
65 65
the development of the emergency response plan?
Yes
5-18
Is the primary EOC built to current seismic standards and
65 65
has a secondary/alternate EOC location been established
Yes
should the primary EOC location become unusable?
5-19
Are there secondary/alternate locations for reception centres
65 65
in the event that they become unusable?
Yes
5-20
Has a comprehensive community evacuation plan been
70 70
developed?
Yes
6
Recovery Planning
0 800
ESSENTIAL PROGRAM
6-1
Has the community developed a recovery plan, approved by
150 150
the Executive Committee and Council/Board/Band, to deal
Yes
with the immediate and short-term effects of an
emergency/disaster?
6-2
Does the recovery plan include a procedure to establish
...................---.......-- ---
1.20 120
priorities for restoring essential services provided by the
Yes
community as well as those services not provided by the
community?
ENHANCED PROGRAM
6-3
Has the emergency program identified individuals to act as
265 265
community emergency public information staff?
Yes
COMPREHENSIVE PROGRAM
6-4
Does the recovery plan consider public and private business
265 265
continuity?
Yes
7
Program Evaluation
800
ESSENTIAL PROGRAM
7-1
Does the Management Committee conduct an annual
150 150
evaluation of the local emergency program, using the CEPR
Yes
or similar process, and present its findings to the Executive
Committee and councillboardlband?
7-2
Does the Management Committee prepare an annual report
120 120
to the Executive Committee and councillboard/band on the
Yes
level of emergency training, exercise results and
preparedness for the community?
ENHANCED PROGRAM
7-3
Does the Management Committee conduct an annual review
�65 265
of the Strategic Plan implementation schedule, objectives
Yes
and action plans and report to the Executive Committee and
councillboard/band?
COMPREHENSIVE PROGRAM
7-4
Does the community advertise on a website, in a newsletter
t 15 115
or other means its success in achieving an essential,
Yes
enhanced or comprehensive emergency program?
7-5
Has the local emergency program successfully implemented
150 150
action plans and reduced risk in the community?
Yes
file://X:17135 Emergency MeasureslArchivesTOClCommunity EP Review Jan 08.htm 03/07/2008
Community Emergency Program Review
Page 6 of 6
View Report Choices
Version: October 27, 2005
file://X:17135 Emergency Measures\Archives\EOC\Community EP Review Jan 08.htm 03/07/2008
Deep Roots
Greater Heights
TO:
FROM:
SUBJECT:
District of Maple Ridge
His Worship Mayor Gordon Robson
and Members of Council
Chief Administrative Officer
2009-2011 Council Indemnity
DATE: July 9, 2008
FILE NO:
ATTN: CofW
EXECUTIVE SUMMARY:
Historically, in the last year of its mandate, the sitting Council has established the indemnities and
other benefits that will be afforded the incoming Council. On May 1.2, 2008, Council directed staff to
review the indemnities, mileage reimbursement structure and prevalence of RRSP contributions
afforded to Council in comparison to those provided to Councils in ten comparator communities; and,
to have this work peer reviewed by an expert consultant. The recommendations are for a significant
increase in the indemnities paid to the Mayor and to Councillors, to simplify the mileage
reimbursement structure and to provide Council with the option of using some or all of their training
funds for RRSP contributions.
RECOMMENDATION(S):
1. that Schedule A attached to the staff report dated July 9, 2008 be adopted as the schedule
of indemnities for the Mayor and for Councillors for the years 2009, 2010 and 2011
2. that the structure of the mileage reimbursement for business use of personal vehicles for the
Mayor and for Councillors be amended to $0.00 within Maple Ridge and Pitt Meadows and
$0.52 outside of Maple Ridge and Pitt Meadows and that the rate for travel outside of Maple
Ridge and Pitt Meadows be adjusted in the same manner and at the same time as
adjustments are made to the reimbursement for District staff
3. that annually, the Mayor and Councillors be able to transfer any unused funds from their
individual allocation for training to a personal retirement savings account
DISCUSSION:
a) Background Context:
Over the years sitting Councils have employed a number of different approaches to setting the
indemnities for incoming the incoming Council. In 2002 and again in 2005 the incumbent Councils
directed staff to research the standards in the industry and to make recommendations on
appropriate compensation and benefits. To ensure accuracy and objectivity the Councils also
directed that the staff recommendations be subject to a peer review by consultants with expertise in
the compensation and benefits field. On May 12, 2008 Council directed staff to make
recommendations on:
1. the annual indemnities paid to the Mayor and to Councillors in accordance with the existing
compensation policy (65th percentile of the comparator group)
2. the appropriateness of the current mileage reimbursement structure
3. the prevalence of retirement plan contributions made by the municipality on behalf of the
Mayor and Councillors and,
4. that this work be peer reviewed by an expert in the industry.
1132
The Indemnity for the Mayor and for Councillors
Staff surveyed ten Metro Vancouver and western Fraser Valley communities to determine the
indemnities paid to the Mayor and to Councillors. The results of this survey are provided below:
2008 Mayor
2008 Councillor
Municipality
Compensation
Compensation
Abbotsford
$86,600
$24,167
Burnaby
$92,827
$41,271.
Coquitlam
$104,156
$45,327
Delta
$88,451
$36,295
Langley (Township)
$64,563
$23,196
New Westminster
$81,987
$30,169
North Vancouver (City)
$86,668
$29,980
North Vancouver (District)
$89,972
$35,989
Port Coquitlam
$67,277
$22,257
Richmond
$95,836
$42,525
Maple Ridge
$69,935
$23,671
The survey indicates that Maple Ridge indemnities are significantly behind this comparator group.
Applying the existing methodology to the above data would place the 2008 annual indemnity for the
Mayor at $89,744 and the annual indemnity for each Councillor at $36,249.
The Structure of the Mileage Reimbursement
The same ten communities were surveyed with respect to how they reimburse Council for the use of
their personal vehicles on municipal business. None of the communities pay for mileage within their
community. Eight of the ten communities pay a mileage allowance for travel beyond the municipal
borders and the other two do not pay for mileage unless the travel takes the member of Council
outside the boundaries of Metro Vancouver.
Consequently the recommendation is to abandon the current three tier reimbursement structure and
replace it with the much more common two-tier structure ($0.00 within Maple Ridge and Pitt
Meadows, $0.52 outside of Maple Ridge and Pitt Meadows). This change to the mileage
reimbursement does not impact the existing car allowance provisions for Mayor and Councillors.
The Prevalence of RRSP Contributions
The City of Vancouver currently provides its Council with pension plan contributions and staff is
aware of at least two other municipalities who are researching this option. Council may wish to
consider allowing individual members of Council to use some or all of the annual funding allocated
for training as an RRSP contribution. Currently, the Mayor has a training allocation of $3,500 and
each member of Council has $2,000 available to them annually for training. This would be a way to
recognize and assist those Council members who spend less time on their career to serve on Council
and therefore may compromise their vocational pensions in the process.
Peer Review
Mr. Barry Cook of Western Compensation and Benefits Consultants reviewed the work compiled by
staff and provided a letter supporting the findings. Mr. Cook has decades of experience in the
industry and provided the same service for the District in 2005.
b) Desired Outcome(s):
To ensure the compensation and benefits afforded the Mayor and to Councillors are sufficient so
that financial considerations do not become a barrier that would discourage or eliminate a citizen
from running for municipal Council.
c) Business Plan/Financial Implications:
The incremental cost of the recommendations noted above is approximately $100,000 and will be
provided for in the 2009-2013 Financial Plan.
d) Alternatives:
Council may choose not to accept any or all of the three recommendations and may choose to
amend the existing compensation policy for Council and implement alternate indemnities, mileage
reimbursement structures and not allow the use of training funds for RRSP contributions.
CONCLUSIONS:
The work of Council continues to get more varied, complex and demanding on personal time. Since
the last survey of indemnities paid to comparator Councils in 2005, the level of the indemnities has
increased substantially, presumably, to reflect the demands of the positions. The recommendations
noted above are intended to ensure the indemnity and benefits provided to Maple Ridge Council are
sufficient so that financial considerations do not dissuade anyone from running for elected office in
the community.
Prepared b . ohn Leeburn, BCOM, MBA
Executive Director to the CAO
el) , "
Approved b . Pau Gill, BBA, CGA
GM: F&CS
91-\ L
Concurren e: J.L. (Jim) Rule
Chief Administrative Officer
Schedule A
Indemnity for Mayor and Councillors December 2008 to December 20.11
Mayor
Councillor
Acting Mayor
December 1, 2008to November30, 2009
$89,744
$36,249
A premium of 20% of
Mayor's Indemnity
On December 1, 2009 and again on December 1, 2010, the indemnities will be adjusted by a
formula which gives equal weight to the:
• Change in Metro Vancouver CPI (Consumer Price Index)
• Average annual salary adjustment for the District's CUPF employees for the coming year
• Average annual salary adjustment for the District's IAFF employees for the coming year
Deep Roots
Greater Heights
TO:
FROM:
SUBJECT:
District of Maple Ridge
His Worship Mayor Gordon Robson DATE:
and Members of Council FILE NO:
Chief Administrative Officer ATTN:
Proposal from ERA Ecosystem Restoration Associates
EXECUTIVE SUMMARY.
2008 07 04
Committee of the Whole
Staff received the attached proposal from Ecosystem Restoration Associates earlier in the year
proposing amendments to the previous agreement between the District and ERA. Consideration of
the proposal has been delayed during which time staff have reviewed the subject of carbon offsets.
Essentially ERA would like to
1. extend the term for which the trees planted by ERA would be protected to 100 years from
80 years for the reasons noted and
2. provide the District with the opportunity to purchase ISO verified carbon offsets at
preferred pricing of $6.00 per tonne for a period of five years with an option to do so for
a further five year period.
Both of these amendments would bring the agreement in line with subsequent agreements
negotiated by ERA with other Municipalities.
RECOMMENDATION(S):
That the Corporate Officer be authorized to execute the amendment agreement with ERA Ecosystem
Restoration Associates Inc. attached to the 2008 07 04 report on this subject
DISCUSSION:
a) Background Context: The original agreement with ERA is also attached for Council's
information.
By all accounts the rate of $6 per tonne is a competitive rate and while it is the District's
intent to reduce its energy dependence to levels which would allow the District to sell its own
offsets and not require the purchase of offsets to achieve a zero carbon footprint, that may
yet be required. Since there is no cost for the option it is felt appropriate to take advantage of
the offered contract amendment.
The earlier agreement identifies that the Municipality may remove trees planted under the
program if they become hazardous or if there is a need to locate a transportation corridor
across a planted area. Given this flexibility and since the life expectancy of the species
planted is anticipated to be much longer than 100 years changing the agreement to extend
the term from 80 to 100 years is not anticipated to have any negative consequences. In fact
1151
the change may assist in attracting more investors to the program and result in more trees
being planted.
b) Desired Outcome(s): The desired outcome is to achieve a zero carbon footprint. Purchasing
offsets while planting trees in the District itself is preferred to purchasing offsets for projects
taking place elsewhere if they are required.
c) Strategic Alignment (as appropriate): Sustainability and achieving a zero carbon footprint has
been identified in the District's vision for the future.
d) Business Plan/Financial implications: As noted there is no cost to making the amendment, or
including the option within the agreement. Reviews undertaken by staff to date suggest that
the purchase price of $6.00 per tonne is very competitive and likely to remain so over time.
In any case the option will provide greater flexibility than not having such an option.
CONCLUSIONS:
he District
ERA have offered an amendment to t's current agreement which reflects their obligation in
the initial contract to provide the District with terms equal to or better than the terms they have
proposed is not considered negative
negotiated with other Municipalities. The other change being
since it is not the intent to remove the trees currently
neeing planted Given the speclies involvedy have r100 years felt
full
life expectantcy and/or become hazardous Hany
to be a minimal life span.
Since the amendment will provide the Municipality with more options than those presently available
to it staff E'e of the view that the amendment is beneficial and should be accepted.
Pre red by: Mike MAurray
1 _General Manager: o unity Development, Parks and Recreation
Approved by: Paul Gill, BBA, GA
General Manager Corporate and Financial Services
rConcurren J.L. (Jim) Rule
A Chief Administrative Officer
MWM
THIS AMENDMENT AGREEMENT is made as of FEBRUARY 18, 2008
BETWEEN:
ERA ECOSYSTEM RESTORATION ASSOCIATES INC.
Building 10, Suite 340E
555 Brooksbank Avenue
North Vancouver, B.C.
V7J 3S5
("ERA")
1s1►193
THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE
11995 Haney Place
Maple Ridge, B.C.
V2X 6A9
("Maple Ridge")
WHEREAS:
A. ERA and Maple Ridge entered into a Community Ecosystem
Restoration Initiative Agreement as of February 28, 2006 (the "February
28, 2006 CERI Agreement") and ERA has been carrying ecosystem
restorations within Maple Ridge pursuant to that agreement.
B. Maple Ridge now wishes to have the right to acquire Carbon Rights
from ERA to off set Maple Ridge's GHG foot print in years to come.
C. ERA wishes to amend the definition of Carbon Rights in the
February 28, 2006 CERI Agreement and the term of that agreement so
that they are the same as is provided for in ERA's other CERI contracts
with municipalities in Greater Vancouver.
NOW, THEREFORE, this agreement witnesses that in consideration of the
covenants and agreements hereinafter set forth, the parties agree with
each other as follows:
1
1.01 Commencing February 28, 2008, and continuing for 5 years
thereafter, Maple Ridge will have the option of becoming a
subscriber to ERA's EcoNeutral program by purchasing from ERA
up to 20,000 tonnes of Carbon Rights each year for the price of
$6.00 per tonne of Carbon Rights (`the "Option").
1.02 The Option may only be exercised by Maple Ridge on or before
June 30 of each of the years or the Option will expire for the year for
which such notice was not given.
1.03 The Option may only be exercised by Maple Ridge providing ERA
with a notice in writing (a "Notice") as to how many Carbon Rights it
wishes to purchase during the year for which the Notice is given.
1.04 After receipt of a Notice, ERA will have 90 days to provide Maple
Ridge with a written conveyance of the Carbon Rights referred to in
the Notice, and Maple Ridge will have 30 days after receipt of such
conveyance to pay for the same.
1.05 The Option is not assignable in whole or in part without the express
written consent of ERA.
1.06 At any time during the 120 days preceding February 28, 2013,
Maple Ridge may renew the Option for another 5 years by providing
ERA with written notice of renewal (the" Notice of Renewal"),
provided.that the price of the Carbon Rights which Maple Ridge will
be entitled to purchase pursuant to the renewed Option will be
determined by negotiation between the parties within 30 days of
Maple Ridge providing ERA with the Notice of Renewal or by
arbitration thereafter pursuant to the provisions of Article 29 of the
February 28, 2006 CERI Agreement.
1.07 The definition of "Carbon Rights" in the February 28, 2006 CERI
Agreement is hereby amended to read as follows:
"Carbon Rights" means all rights relating to the carbon sequestered
by Trees planted pursuant to this agreement during the first 100
years of their lifetimes including all rights to apply the long term
benefit of such sequestered carbon to mitigate or neutralize the
residual GHG emissions of companies, organizations or individuals
who become subscribers in ERA's EcoNeutral program".
2
1,08 Article 20.01 of the February 28,2006 CERI Agreement is hereby
amended to read as follows:
"The term of this agreement shall continue until 100 years after the
planting of the Trees unless terminated earlier pursuant to the
provisions of article 20.02 or article 20.03, and after the expiry of the
term all rights relating to the carbon sequestered by the Trees during
their remaining lifetimes shall be the property of Maple Ridge and
Maple Ridge may thereafter make use of the Trees and all such
carbon sequestered by them as Maple Ridge may see fit."
IN WITNESS WHEREOF the parties hereto have entered into this
agreement on the date herein before set out.
The Corporation of the District of Maple Ridge
By: Michael Murray
Title: General Manager, Community Development,
Parks & Recreation Services
ERA Ecosystem Restoration Associates Inc.
By: Bart Simmons
Title: COO and Director
3
FEB-2008 09:45 From: To:61214 467 7393 P.2/3
econeutral*era
ERA Ecosystem Restoration Associates Inc.
Building 10 - Suite 340
North Vancouver, B.C.
V7J 3S5 Canada
Feburary 27, 2008
Mr. Mike Murray
Director, Parks and Leisure Services
District of Maple Ridge
11996 Haney Place
Maple Ridge, BC Canada
V2X 6A9
Dear Mike,
We appreciated your time, and meeting with us earlier this February, so we could update the
status of the Community Ecosystem Restoration Initiative (CERI). CERI of course began
with the District of Maple Ridge, in September 2005. Since that time, CERI has become a
model for community -based climate mitigation programming, and we appreciate that the
cooperation of you and your staff has been integral to the program's success.
You will recall we discussed the "better terms" aspect of our Agreement with the District of
Maple Ridge. The reality is that we have now executed additional agreements with other
jurisdictions, and in the spirit of the Agreement, thought we should perhaps amend the
Maple Ridge agreement to be in alignment with the subsequent agreements.
There are two issues:
1. You will recall that we chose 80 years as the term for which carbon benefits would
be calculated. We called this the "biological life" of the forest, but in reality, this
period falls far short of the period over which benefits will accrue, Coniferous
forests in this region should survive, and provide climate mitigation benefits, for
centuries. However, practicality must be considered, and in our subsequent
agreements, we have used a 100 year term. This may represent a "better term", as it
more accurately reflects the period of ecosystem and climate benefits purveyed to
the community, and the planet, that the District of Maple Ridge is facilitating through
its cooperation, and its Agreement with ERA.
2. The second issue is with respect to an option for the District to buy offsets at
preferred pricing, to offset its own operational footprint. Again, we have discussed
this with you on occasion, but with recent offsetting developments, this term
appears to have come of age. We recently negotiated a term to make available 150
FEB-28-2008 09:45 From:
To:6O4 467 7393 P.3/7
Verified Offsets at a rate of $6,00 per tonne, to assist a municipality in offsetting its
operational footprint. The pricing was valid for 5 years, and 20,000 tonnes per
annum were made available.
If agreeable to DMR, we would undertake to draft and amendment to address these "better
terms" for your, consideration, and our respective legal counsels could work out a suitable
amendment to the February 26, 2006 Agreement.
Please let us know your perspectives on this matter — as always, we would be pleased to
meet with you and your staff if you so wish.
Robert
THIS COMMUNITY ECOSYSTEM RESTORATION INITIATIVE
AGREEMENT is made as of February 28., 2006
BETWEEN:
ERA ECOSYSTEM RESTORATION ASSOCIATES INC.
#1200 — 777 Hornby St.,
Vancouver, B.C.
V6Z 1 S4
("ERA")
AN D:
THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE
11995 Haney Place
Maple Ridge, B.C.
V 2X 6A9
("Maple Ridge")
WHEREAS:
A. Greenhouse gases ("GHG's") emitted to the atmosphere as a
result of human activities trap some of the energy radiating from
the earth thereby increasing the temperature at which the earth
achieves energy balance. This is known as the greenhouse
effect.
B. Human induced global warming and climate change resulting
from an enhanced greenhouse effect is probably the greatest
environmental threat of this century.
C. Companies, organizations and individuals are beginning to
undertake voluntary measures to address their climate change
impacts: firstly by measuring their GHG emissions and assessing
the GHG impacts of their products; secondly by reducing their
GHG emissions wherever possible through the conservation of
energy and use of renewable resources; and thirdly by mitigating
or neutralizing their residual GHG emissions.
D. ERA has developed the Community Ecosystem Restoration
Initiative ("CERI") to assist communities in restoring degraded
lands (including managing irivasive plant species) while providing
a means by which companies, organizations and individuals may
voluntarily mitigate or neutralize their residual GHG emissions by
becoming subscribers to ERA's EcoNeutral program which will
financially support ERA's CERI projects.
E. On October 4, 2004 the Council of Maple Ridge received for
information and endorsed a report prepared by ERA, which is
titled "Survey of Carbon Sequestration Potential in the District of
Maple Ridge" (the "ERA Report"), and authorized Maple Ridge
staff to seek funding to implement the initiatives of the report.
Thereafter, Maple Ridge granted certain rights to ERA, which
were particularized in a February 15, 2005 letter from Maple
Ridge to ERA, pending a formal agreement being entered into
between the parties.
F. The Corporation of the District of Maple Ridge ("Maple Ridge")
now wishes to take advantage of ERA's CERI program by having
ERA undertake a CERI tree planting program in accordance with
the ERA Report in order to return degraded lands within Maple
Ridge to a functional woodland state at little or no cost to Maple
Ridge.as provided for in this agreement.
NOW, THEREFORE, this agreement witnesses that in consideration of the
mutual covenants and agreements hereinafter set forth, the parties agree
with each other as follows:
Interpretive Provisions
1.1 Definitions
For the purposes of this agreement, the following words whenever
used in this agreement, unless there is something in the subject or
context inconsistent herewith, have the following meanings:
(a) "Biomass Waste" means the total mass of organic matter
which ERA removes from the Maple Ridge Lands during the
implementation of this agreement;
3
(b) "Carbon Rights" means all rights relating to the carbon
sequestered by trees planted pursuant to this agreement
during the first 80 years of their lifetimes including all rights to
apply the long term benefit of such sequestered carbon to
mitigate or neutralize the residual GHG emissions of
companies, organizations or individuals who become
subscribers in ERA's EcoNeutral program;
(c) "Independent Assessor' means an accredited forester
employed by Tree Canada Foundation or another accredited
practitioner agreed upon by the parties who shall be retained
for the purpose of assessing whether or not the trees planted
pursuant to this agreement are Well Growing;
(d) "Invasive Plant Species" means trees and other plant species
which were not found on the Maple Ridge Lands in their native
woodland state but have encroached and displaced
indigenous species;
(e) "Steering Committee" means the committee consisting of two
members appointed by each of Maple Ridge and ERA and
such other members as they may agree from time to time;
(f) `Well Growing" means that substantially all of the trees
planted pursuant to this agreement are growing free from
overtopping competing vegetation (approximately 25% higher
than the surrounding plant species).
Gender, Plural and Singular
1.2 In this agreement, the masculine includes both the feminine and
corporate entities and the plural includes the singular and vice versa
and modifications to the provisions of this agreement may be made
accordingly as the context requires.
Captions
1.3 The captions appearing in this agreement have been inserted for
reference and as a matter for convenience only and in no way
define, limit or enlarge the scope of meaning of this agreement or
any provision hereof.
Relationship
1.4 The parties hereto expressly disclaim any intention to carry on
business together or create a partnership or joint venture and
nothing in this agreement shall constitute the parties hereto as
carrying on business together or being partners or joint venturers or
constitute either of the parties hereto as being the agent of the other.
In particular, neither party to this agreement shall have or represent
that it has the authority or power to act for or to undertake or create
any obligation or responsibility, express or implied, on behalf of or in
the name of the other and neither party will represent that it is the
agent or legal representative of the other.
The Project
2.01. During the period June 1, 2006 to May 30, 2010 (the
"Implementation Period"), Maple Ridge shall permit ERA to plant,
and ERA shall plant, at least 300,000 trees (the "Trees") on lands
owned by, or under the jurisdiction of, Maple Ridge (the "Maple
Ridge Lands").
2.02. The Maple Ridge Lands are those identified on Schedule A hereto
which also particularizes the approximate number of Trees which
ERA will plant in each area of the Maple Ridge Lands pursuant to
this agreement.
Z03. During the implementation Period ERA shall plant, and Maple Ridge
shall permit ERA to plant, such additional trees as Maple Ridge may
request and ERA may agree in writing from time to time (the
"Additional Trees"). The provisions of this agreement shall apply
with all necessary changes to all Additional Trees and the carbon
sequestered by them as if they were some of the Trees referred to in
article 2.01 hereof.
2.04. The Trees to be planted by ERA in accordance with Schedule A
shall be selected by ERA and shall be consistent with returning the
Maple Ridge Lands to a functional woodland state, provided that
ERA's selection of the Trees to be planted shall be sensitive to the
surrounding urban environment and such recommendations as the
Steering Committee may make from time to time.
5
2.05. ERA shall be solely responsible for site preparation, planting density,
planting and thinning of the Trees and brushing of all other plant
species on the Maple Ridge Lands until such time as the
Independent Assessor has certified that the Trees are Well Growing.
2.06, Maple Ridge will permit ERA to have access to the Maple Ridge
Lands for the purposes referred to in article 2.05 hereof until such
time as the Independent Assessor has certified that the Trees are
Well Growing.
2.07. Maple Ridge will not be responsible to ensure the continued
existence of the Trees, nor be liable to ERA or any person acquiring
an interest in the Carbon Rights for the destruction, death or removal
of the Trees except for the intentional acts of Maple Ridge and its
employees, agents and contractors in cutting down, damaging or
removing the Trees. In particular, and without limiting the generality
of the foregoing, Maple Ridge will not have any duty to fight fires,
manage or control insect infestation or otherwise take any other
action in respect of any other threat of disease or destruction of the
Trees save and except as Maple Ridge would ordinarily do with
respect to other trees growing on its lands in similar circumstances,
provided that in the event that Trees are damaged or destroyed by
fires, disease or other means ERA shall be entitled to plant an
equivalent number of Replacement Trees on lands awned by Maple
Ridge.
2.08, Maple Ridge shall not permit anyone to cut down, remove or
otherwise damage the Trees without allowing ERA or some one
designated by ERA to plant an equivalent number of replacement
trees (the "Replacement Trees") on lands owned by Maple Ridge,
provided that:
(a) Maple Ridge shall be entitled to remove Trees that become
danger trees and such other Trees as may be recommended
by the Steering Committee for removal from time to time
without having to allow ERA or someone designated by ERA
to plant Replacement Trees for the same;
(b) Maple Ridge shall be entitled to remove up to 50 of the Trees
from time to time to accommodate roadways and other
municipal works without having to allow ERA or someone
designated by ERA to plant Replacement Trees for the same;
2
(c) Maple Ridge shall be entitled to remove more than 50 Trees at
a time when it is convenient, desirable or necessary for the
prosecution of public works on the Maple Ridge Lands or
when Maple Ridge considers it to be in the public interest to
do so, provided that Maple Ridge shall first consult with ERA
through the Steering Committee concerning such removals
and act reasonably concerning the extent of the same, and
Maple Ridge shall allow ERA or someone designated by ERA
to plant an equivalent number of Replacement Trees on lands
owned by Maple Ridge in the event of any such removals.
2.09, The provisions of this agreement shall apply with all necessary
changes to all Replacement Trees and the carbon sequestered by
them as if they were some of the Trees referred to in article 2.1
hereof.
2.10. All Replacement Trees shall be planted at ERA's cost or the cost of
such other party as Maple Ridge and ERA may agree.
2.11. Once the Independent Assessor has certified that the Trees are Well
Growing, Maple Ridge shall continue to permit ERA to have access
to the Maple Ridge Lands to monitor the growth of the Trees and
assess the amount of carbon being sequestered by the Trees from
time to time.
2.12. To the extent that any of the ecosystem restoration work
contemplated by this agreement is to take place on privately owned
lands�it shall be ERA's responsibility to undertake negotiations for
and btain access to all such lands from the owners thereof.,
Steering Committee `7
3.01 Forthwith following execution of this agreement, the parties shall
each appoint two members to the Steering Committee and once
appointed such appointees shall appoint such additional members
as they may agree from time to time for a term of one year each
provided that each such additional member may be reappointed in
the same manner at the expiry of the term of his or her appointment.
3.02 The role of the Steering Committee shall be to make
recommendations to the parties concerning the implementation of
this agreement from time to time, including:
(a) where Additional Trees should be planted on the Maple Ridge
Lands from time to time;
(b) the means by which the residents of Maple Ridge may be
apprised of this agreement and the intent and benefit of
implementing the same,
(c) the prescriptions provided for in Schedule A on a site by site
basis to ensure that this agreement is implemented in a
manner sensitive to the urban environments in the areas
where the prescriptions are being carried out.
3.03 ERA shall follow the recommendations of the Steering Committee
during the implementation of this agreement provided that the
members of the Steering Committee appointed by the parties hereto
unanimously agree with such recommendations.
Permits
4.01 Before beginning preparation of any of the Maple Ridge Lands for
the planting of any of the Trees, ERA shall first obtain, and provide
Maple Ridge with proof that it has obtained, all municipal, provincial
and federal regulatory permits which ERA may require in order to
remove Biomass Waste from the Maple Ridge Lands and plant the
Trees on the Maple Ridge Lands_
Insurance
5.01 Before planting any of the Trees on the Maple Ridge Lands ERA
shall first obtain, and provide Maple Ridge with proof that it has
obtained, third party liability insurance satisfactory to Maple Ridge,
which shall be in the amount of $5 million per occurrence and
provide that Maple Ridge is a named insured with respect to all
activities undertaken by ERA in order to implement this agreement
(the "Insurance")
5.02 Such Insurance shall be renewed annually by ERA for each year
that ERA is planting Trees pursuant to article 6.01 and ERA shall
provide Maple Ridge with evidence that such insurance is in place
within 30 days of each such renewal.
5.03 Before ERA works on the Maple Ridge Lands at times other than
those referred to in article 6.01, ERA shall first obtain third party
liability insurance upon the same terms as the Insurance referred to
in article 5.01, provide Maple Ridge with proof that it has obtained
such insurance and maintain the same in effect for so long as such
work is going on.
Timing
6.01 ERA shall plant up to 40% of the Trees during each of the first three
years commencing June 1, 2006 with the balance of the Trees
remaining to be planted, if any, to be planted within the twelve
months commencing ,June 1, 2010.
-6.02 ERA shall plant the Additional Trees, if any, that are recommended
by the Steering Committee or agreed by the parties from time to
time.
6.03 Within 30 days of.the end of each of the years referred to in article
6.01 ERA shall provide Maple Ridge with a summary report in writing
as to the number and species of Trees planted during the year and
the areas where such planting has been done.
Cost
7.01 ERA shall pay all costs of:
(a) purchasing the Trees for planting on the Maple Ridge Lands;
(b) preparing the Maple Ridge Lands for planting of the Trees
including removal of all Biomass Waste from the Maple Ridge
Lands and disposal of the same;
(c) necessary municipal, provincial and federal regulatory
approvals and permits which may be required for the removal
of Biomass Waste from the Maple Ridge lands and the
planting of Trees on the Maple Ridge Lands;
(d) third party liability insurance satisfactory to Maple Ridge in the
amount of $5 million per occurrence which shall provide that
Maple Ridge is a named insured with respect to all activities
undertaken by ERA in order to implement this agreement;
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(e) planting the Trees on the Maple Ridge Lands;
(f) thinning the Trees and brushing other plant species on the
Maple Ridge Lands until such time as the Independent
Assessor certifies that the Trees are Well Growing;
(g) monitoring the Trees thereafter;
(h) marketing ERA's EcoNeutral program.
Liens
8.01 ERA shall take all reasonable steps to ensure that claims of builder's
lien are not filed against title to any part of the Maple Ridge Lands as
result of the implementation of this agreement.
8.02 ERA shall be solely responsible for all costs associated with making
such court applications and posting such security as may be
required to have all claims of builder's lien registered against title to
any part of the Maple Ridge Lands as a result of the implementation
of this agreement discharged from title to such lands.
8.08 ERA shall indemnify and save harmless Maple Ridge from all costs,
expenses and losses of whatsoever nature or kind that Maple Ridge
incurs with respect to any claim of builders lien filed against title to
any part of the Maple Ridge Lands as a result of the implementation
of this agreement.
Pesticides and Defoliants
9.01 ERA shall not use any pesticides or defoliants when weeding,
thinning, harvesting or brushing the trees and other plant species on
the Maple Ridge Lands.
Ownership
Trees
10.01 Once planted the Trees shall become the property of Maple Ridge
subject only to Article 10.02 hereof.
10
10.02 Maple Ridge hereby assigns, transfers and conveys all Carbon
Rights to ERA, to hold the same absolutely unto ERA and its'
successors and assigns.
Sequestered Carbon
10.03 ERA may assign, transfer or convey some or all of the Carbon
Rights to companies, organizations and individuals wishing to
mitigate or neutralize their residual GHG emissions by becoming
subscribers to ERA's EcoNeutral program, provided that such
subscribers shall not thereby acquire any right to:
(a) harvest or make use of the Trees in any way or have access
to the same;
(b) assign such Carbon Rights to anyone else;
(c) have access to the Maple Ridge Lands; or
(d) acquire any right to make any claim of any kind against Maple
Ridge relating in any way to the Trees or the Carbon Rights .
Form of EcoNeutral Subscription Agreement
10.04 ERA shall ensure that all of its EcoNeutral Subscription Agreements
provide that each subscriber to ERA's EcoNeutral program
specifically releases and gives up all rights to make a claim of any
kind against Maple Ridge relating in any way to the Trees or
becoming a subscriber to ERA's EcoNeutral program or acquiring
any interest in Carbon Rights. ERA's EcoNeetral Subscription
Agreement shall further provide that Maple Ridge shall owe no duty
of care in respect of the Trees or Carbon Rights to any subscriber to
ERA's EcoNeutral program and each subscriber shall specifically
acknowledge the same when signing one of ERA's EcoNeutral
subscription agreements.
Biomass Waste
10.05 All Biomass Waste shall be the property of ERA and ERA may
dispose of the same as it may see fit provided that all such materials
are disposed of in a manner which ensures that such disposal does
not facilitate the propagation of Invasive Plant Species in Maple
Ridge or elsewhere.
Assignment
11.01 ERA may assign, transfer or convey some or all its' rights, benefits
and performance obligations pursuant to this agreement to a
subsidiary corporation controlled by ERA, provided that:
(a) any such assignment, transfer or conveyance shall not relieve
ERA of its' obligations pursuant to this agreement;
(b) the business activities of any such subsidiary corporation shall
be limited to implementing the provisions of this agreement;
and
(c) the assignee agrees in writing with Maple Ridge to be bound
by all of ERA's obligations pursuant to this agreement.
Local Preference
12.01 ERA shall make reasonable efforts to purchase the Trees from coca
suppliers within Maple Ridge, provided that if such local suppliers
are not able to provide ERA with trees of a quality and at a price
acceptable to ERA, ERA may obtain its supply of Trees elsewhere.
12,02 ERA shall make reasonable efforts to hire local residents of Maple
Ridge, including Corrections Canada work crews, to work for ERA
when ERA is implementing this agreement (the" Project"), provided
that:
(a) ERA may obtain workers elsewhere if not satisfied with the
skill or number of local residents of Maple Ridge wishing to
work on the Project;
(b) any Corrections Canada work crews which ERA hires to work
on the Project shall be work crews which are surplus to the
Corrections Canada work crews normally available to Maple
Ridge for maintenance projects related to parks, open spaces
and other areas of Maple Ridge's responsibility.
12
Public Notice
13.01 In the event that ERA hires Corrections Canada work crews for the
Project, all work performed by such Corrections Canada work crews.
shall be performed in accordance with the Protocol Agreement
between the Corrections Branch, Ministry of Public Safety and
Solicitor General, Fraser Regional Correctional Centre, and the
Corporation of the District of Maple Ridge, Maple Ridge -- Pitt
Meadows Parks and Leisure Services (the "Corrections Canada
Protocol Agreement").
13.02 In the event that ERA hires work crews for the Project which are not
Corrections Canada work crews, the provisions of the Corrections
Canada Protocol Agreement with respect to public notification of the
work to be done and the timing of such work shall apply with all
necessary changes.
Exclusive Rights
14.01 For 10 years from the date of this agreement, ERA shall have the
exclusive right to carry out ecosystem restorations for Maple Ridge
whereby rights relating to carbon sequestered by trees planted
within Maple Ridge are assigned, transferred or conveyed to any
party.
Participation in Globe 2006 Conference and World Urban Forum
15.01 ERA and Maple Ridge shall both participate in the Globe 2006
Conference and the World Urban Forum which are scheduled for
Vancouver, British Columbia in March 2006 and June 2006
respectively. In particular, Maple Ridge shall be an exhibiter with
ERA at the Globe 2006 Conference and the World Urban Forum and
assist ERA in explaining the benefits of its CERI program to
participants in these conferences.
Amendment
16.01 This agreement may only be amended by an agreement in writing
duly executed by the parties hereto.
13
Indemnity
17.01 ERA hereby agrees to indemnify and save harmless Maple Ridge
from any and all actions, suits, demands, claims, costs, expenses
and damages of whatsoever nature or kind and by whomsoever
brought or made and howsoever arising from the activities of ERA
and its employees, agents and contractors in the planting, nurturing
and growing of the Trees, the assignment or safe of Carbon Rights
and from the clearing and grooming of the Maple Ridge Lands on
which the Trees are planted.
Better Terms
18.01 If ERA or one of its subsidiaries or affiliates enters into an agreement
with another municipality in the Greater Vancouver Regional District,
or with the Greater Vancouver Regional District, to plant trees and
retain ownership of sequestered carbon on financial terms which are
more favorable to that municipality than the financial terms of this
agreement are to Maple Ridge, Maple Ridge may, through the
Steering Committee, give notice to ERA that it requires this
agreement to be amended by either:
(a) adding such new term to this agreement;
(b) by substituting such new terms for existing terms to be
deleted from this agreement; and
(c) by modifying existing terms of this agreement to include
the substance of the new terms;
and this agreement shall be so amended, provided that in the event
of any disagreement between ERA and Maple Ridge as to how,
pursuant to article 18.01(a), (b) and (c) above, such amendment can
best be accomplished to achieve the. introduction of the new terms
sought by Maple Ridge, the arbitration provisions of this agreement
shall apply.
14
Future Reforestation
19.01 After ERA has earned a reasonable profit from implementing this
agreement including developing and implementing its EcoNeutral
program, ERA shall reinvest an amount equal to 5% of its further net
profits from implementing this agreement towards future CERI
reforestation projects in British Columbia and upon request ERA
shall provide Maple Ridge with reasonable evidence from its
accountants or otherwise to confirm that it has done so.
Termination
20.01 The term of this agreement shall be 80 years unless terminated
earlier pursuant to the provisions of article 20.02 or article 20.03,
and after 80 years all rights relating to the carbon sequestered by
the Trees during their remaining lifetimes shall be the property of
Maple Ridge and Maple Ridge may thereafter make use of the Trees
and all such carbon sequestered by them as Maple Ridge may see
fit.
20.02 Either party may terminate this agreement by notice in writing to the
other in the event that the other is in material breach of any of its
obligations pursuant to this agreement and has not remedied such
breach within 45 days of receiving written. notice to do so from the
party not in breach of this agreement.
20.03 This agreement will automatically terminate on the bankruptcy or
receivership of ERA or the passing of a resolution by ERA for its
winding up or dissolution or upon dissolution of ERA by order of the
Lieutenant -Governor or Council or by an order of a court of
competent jurisdiction.
Effect of Termination
21.01 The termination of this agreement for any reason -will not affect any
property rights already acquired by either party pursuant to this
agreement. In particular, the termination of this agreement will not
affect Maple Ridge's ownership of Trees which ERA has already
planted prior to such termination or ERA's ownership of the Carbon
Rights in relation to such Trees or articles 2.05 to 2.10 inclusive or
articles 8.01 to 8.03 inclusive which shall all continue in effect in
relation to such Trees.
15
General
Time
22.01 Time is of the essence for this agreement.
Notices
23.01 Any notice, payment or other communication required or permitted to
be given or served pursuant to this agreement will be in writing and
will be delivered personally or forwarded by first class mail to the
party concerned addressed to the address first above written or to
such other address as may from time to time be notified in writing by
any of the parties hereto. Any notice, payment or other
communication will have deemed to have been given, if delivered by
hand, on the day delivered, and if mailed, four business days
following the date of posting; provided that if there is at the time of
mailing or within four business days thereof a mail strike, slowdown
or other labour dispute that might affect delivery by mails, then the
notice, payment or other communication will be effective only when
actually delivered.
Severability
24.01 Should any party of this agreement be declared or held to be invalid
for any reason, the invalidity will not affect the validity of the
remainder of this agreement which will continue in full force and
affect and be construed as if this agreement had been executed
without the invalid portion and it is hereby declared that it is the
intention of the parties that this agreement would have been
executed without any reference to any portion that may for any
reason be hereafter declared or held to be invalid.
Further Assurances
20.01 The parties will execute all other documents and instructions and do
all other things necessary to implement and carry out the terms of
this agreement.
Governing Law
26.01 This agreement will be construed and the powers and provisions
herein contained will be administered, exercised and given effect
16
according to the laws of British Columbia and the rights and
obligations of all parties hereunder will be regulated by the laws of
British Columbia.
Entire Agreement
27.01 The provisions of this agreement constitute the entire agreement
between the parties hereto and supersede all previous
communications, representations and agreements, whether verbal or
written, between the parties with respect to the subject matter
hereof.
Enurement
25.01 This agreement will enure to the benefit of and be binding upon the
parties hereto and their respective heirs, executors, administrators,
successors and assigns.
Arbitration
29.01 The parties agree that all disputes between the parties under or in
any way relating to this agreement (a "Disputed Matter"), including,
but not limited to, disputes relating to the execution, delivery, legality,
validity, binding effect, enforceability, existence, performance,
breach, discharge, rescission or termination of this agreement, shall
be submitted to arbitration pursuant to the Commercial Arbitration
Act (British Columbia). The arbitration will be carried out pursuant to
the Rules of Procedure for Domestic Commercial Arbitration of the
British Columbia International Commercial Arbitration Centre
(`BCICAC"), as modified pursuant to the provisions of this
agreement (the "Rules").
29.02 Any party to a Disputed Matter which is to be resolved by arbitration
pursuant to the provisions of this agreement may commence
arbitration by delivering a written notice of commencement of the
arbitration to the other party or parties to the Disputed Matter.
29.03 The arbitration will be carried out by a single arbitrator appointed by
agreement of the parties or, failing agreement on such single
arbitrator within 15 days after delivery of the notice pursuant to
article 29.02, either party to the Disputed Matter may apply to the
BCICAC or to the Court to appoint a single arbitrator.
17
29.04 The parties acknowledge and agree that they have provided for
Disputed Matters to be resolved by arbitration so as to promote their
efficient, expeditious and inexpensive resolution. The parties will act
at all times so as to facilitate, and not frustrate nor delay, such
efficient, expeditious and inexpensive resolution of Disputed Matted.
The arbitrator is authorized and directed to make orders, on his
initiative or upon application of any party to a Disputed Matter, to
ensure that the arbitration proceeds in an efficient, expeditious and
inexpensive manner and, in particular, to enforce strictly the time
limits provided for in the Rules or set by order of the arbitrator,
unless the arbitrator considers, it inappropriate to do so. The parties
acknowledge and agree that it is their intention that arbitration
hearings will commence as soon as possible, but in any event, not
later than 45 days after appointment of the arbitrator, subject to any
order of the arbitrator extending this date. The arbitrator is directed
to make all reasonable efforts to make his award within 30 days
following completion of the arbitration hearing.
29.05 The arbitrator will have, to the fullest extent permitted by law, the
power to grant legal, equitable and other relief, both interim and
final, to the same extent as a judge of the Supreme Court of British
Columbia has in an action before the court.
29.06 The award of the arbitrator will be rendered in writing and will contain
a recital of the facts upon which the award is made and the reasons
for the award.
29.07 The award of the arbitrator with respect to a Disputed Matter will be
.final and binding upon the parties to the arbitration and their
respective successors and assigns, subject to the Commercial
Arbitration Act (British Columbia).
29.08 The arbitrator has jurisdiction to award the costs of the arbitration,
including the fees of the arbitrator, as the arbitrator sees fit. The
costs need not to be on any court approved tariff basis and may be
on a complete indemnity basis and include actual legal and other
professional costs and disbursements incurred. In making an award
of costs, the arbitrator will take into account delays or increased
costs incurred as a result of a party failing to comply with its
obligations according to the terms of this agreement. Prior to the
commencement of the arbitration hearing, each party will deposit in
trust with the arbitrator an equal amount as determined by the
arbitrator to cover the anticipated costs of the arbitration.
29.99 The arbitrator has jurisdiction to direct the payment of interest on any
award made at such rates, for such period and in such manner as
the arbitrator considers appropriate.
IN WITNESS WHEREOF the parties hereto entered into this agreement on
the date herein before set out.
The Corporation of the District of Maple Ridge
y: "dyRobsbn
Title: Mayor
By; Trrf/yer
Title Mio Jerk
ERA Ecosl6teM Vration Associates Inc.
By: Robert F Jrs - -
Title; Directo and President
w �
Deep Roots
Greater Heights
TO:
FROM:
SUBJECT:
District of Maple Ridge
His Worship Mayor Gordon Robson DATE: 2008 07 09
and Members of Council FILE NO:
Chief Administrative Officer ATTN: Committee of the Whole
Arts Centre and Cultural Services Operating Agreement and Lease
EXECUTIVE SUMMARY:
The current operating agreement and lease for the Arts Centre expired at the end of June this year.
Negotiations for the new three year agreements are not complete at this time and are not
anticipated to be finalized until the end of the year.
The current lease agreement ensures that continuing occupancy beyond the end of the current term
requires the Arts Council to continue operations in accordance with the now expired lease. The
obligations spelled out within the lease remain the Arts Council's responsibility.
The Arts Council have requested a formal extension of the current operating agreement until the
end of 2008 including a 3% inflationary increase (previously 2 % which is less than the current CPI)
and transfer of responsibility for the heating, ventilation and air conditioning systems. The cost of
these changes were anticipated and can be covered within the adopted 2008 budget.
A new three year agreement will be negotiated before the end of this year with a start date of
January 2009, which is preferred since it will coincide with the Municipal budget cycle. That will
permit any further requests from the Arts Council to be considered during the next business planning
cycle.
The Parks and Leisure Services Commission have reviewed and concur with the following
recommendation.
RECOMMENDATION(S):
That the Corporate Officer be authorized to execute the Maple Ridge Arts Centre and Cultural Services
Operating Agreement attached to the 2008 07 09 report on this subject.
DISCUSSION:
a) Background Context: As noted above negotiations are continuing on a new three year
agreement which will commence in January of 2009. An interim operating agreement is
required to cover the period from July 15r, 2008 to the end of the year.
b) Desired Outcome(s): The desired outcome is the continuing operation of the Arts Centre and
Theatre to the benefit of the District's citizens' quality of life.
1152
c) Strategic Alignment : Sustainability is a significant theme in the District's strategic plan.
Supporting a not for profit group like the Arts Council in the operation of the Arts Centre and
Theatre benefits the community beyond the services provided but also in terms of the
community development achieved through citizen involvement. This is felt to be a key
element in the social sustainability of the community.
d) Business Plan/Financial Implications: A three percent inflationary amount has been offered
for 2008 and is incorporated into this agreement along with a transfer of the full
responsibility for the HVAC systems in the building. This transfer has been proposed and is
recommended given the age of the building and the need to ensure ongoing preventive
maintenance for systems which are ultimately the responsibility of Maple Ridge to replace.
We are advised additional funding may be requested through the upcoming business
planning process. A full business case will be required to support an increase above inflation.
CONCLUSIONS:
Negotiations for a new Arts Centre lease and Operating Agreement have not been concluded at this
point and are not anticipated to be concluded until following the 2009 business planning process.
The current agreement has expired and it is desirable to ensure the continued operation until a new
agreement can be finalized. The attached agreement is intended to cover the period of July to
December of this year and will incorporate some minor adjustments to the previous agreement
already anticipated in our12OO8 budget.
by: Mike Murray
General Manager: Comm} ity Development, Parks and Recreation
ApproveAy:�'-Paul Gill, BSA, CPA
General Man ag orporate and Financial Services
Concurrence J.L. (Jim) Rule
Chief Administrative Officer
MWM
MAPLE RIDGE ARTS CENTRE AND CULTURAL SERVICES OPERATING AGREEMENT
BETWEEN:
AND:
THIS AGREEMENT made as of the 1st day of July, 2008
THE MAPLE RIDGE AND PITT MEADOWS PARKS AND LEISURE
SERVICES COMMISSION, a Commission established by the Municipalities of
Maple Ridge and Pitt Meadows in accordance with Section 176 of the Local
Government Act, R.S.B.C., 1996, chapter 323 and amendments thereto, having its
offices at 11995 Haney Place, Maple Ridge, B.C. V2X 6G2
(the "Commission")
OF THE FIRST PART
THE MAPLE RIDGE PITT MEADOWS ARTS COUNCIL, a Society duly
incorporated under the Societies Act of the Province of British Columbia, having
an office at 11944 Haney Place, Maple Ridge, B.C.
(the ``Society")
OF THE SECOND PART
AND:
THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE, a District
Municipality incorporated in 1874 under the laws of the Province of British
Columbia, having it offices at 11925 Haney Place, Maple Ridge, B.C. V2X 6G2
(the "District")
WHEREAS:
OF THE THIRD PART
A. The Commission, the Society and the District desire to provide for the co-ordination and
provision of visual and performing arts opportunities for the benefit of the residents of the
District and the City of Pitt Meadows and to provide for the operation of an arts centre in
the District all as particularized in Part II of this Agreement (the "Services");
B. The Society requires premises from which it can operate and provide the services, and the
District is willing to continue to lease to the Society, the Maple Ridge Arts Centre (the
"Arts Centre") for such purposes;
Arts Centre Operating Agreement Extension
N
C. The Commission is prepared to pay the Society for providing the Services and for
operating the Arts Centre;
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual
covenants and agreements herein and of other good or valuable consideration provided for herein
(the receipt and sufficiency whereof is hereby acknowledged by each of the parties), the parties
hereto agree as follows:
PART I LEASE
Grant
1. The District as owner of the Arts Centre will grant a Lease to the Society of the Arts
Centre for a term of six months commencing the I st day of July 2008, for a base rent of
Eighty Thousand Dollars ($80,000.00) per annum payable as provided in the Lease, upon
and subject to all the covenants, terms and conditions set out in Schedule "A" hereto (the
"Lease") and as set out in Part 1 of this Agreement.
Cross Default
2. Without limiting any terms of the Lease, if and whenever the Society is in default of any
of its covenants and agreements in Part 11 or Part III of this Agreement whether to the
District or the Commission, such default may be treated by the District at its sole and
unfettered discretion to be a default by the Society under the Lease, and the District may
exercise all its rights and remedies for default pursuant to the Lease including, without
limitation, termination and re-entry.
License
3. The District grants to the Society a non-exclusive license, appurtenant to the Lease to use
subject to the same terms and conditions (including parking fees) and in common with
other licensees of the District, parking areas designated by the District for staff,
volunteers, and patrons of the Society.
Termination
4. In addition to any terms of the Lease, termination of this Agreement whether by notice,
effluxion of time or by operation of law shall operate as a termination of the Lease.
PART II FEE FOR SERVICES
Service Fees
5. The Commission agrees to pay to the Society the following fees (the "Service Fees") for
provision of the Services:
(a) Forty seven thousand seven hundred and sixteen dollars ($47,716) on the first day
of each month commencing on July 1, 2008, and concluding December 1, 2008
Arts Centre Operating Agreement Extension
all of which Service Fees shall be subject to set off and deduction of any amounts
paid by the Commission under this Agreement on behalf of the Society, and of
any amounts owed by the Society to the Commission.
Conditional Entitlement
6. The obligation of the Commission to pay Service Fees in any year is subject to the
establishment of the Commission's annual budget by the District and the City of Pitt
Meadows. The Commission shall budget for the Service Fees; however, it is understood
and acknowledged that if the Service Fees budgeted by the Commission are reduced, the
Commission and the Society agree to review and proportionally reduce the level of the
Services to be provided by the Society under this Agreement.
Commission's Covenants
7. The Commission agrees:
(a) to assign a staff liaison to the Society who shall attend the meetings of the Board
of Directors of the Society and the general meetings of the Society as a non-
voting observer for the purpose of facilitating communication between the
Commission and the Society,
(b) the staff liaison assigned pursuant to S. 7(a) shall be the manager of this
Agreement on behalf of the Commission;
(c) to provide to the Society advertising space in its "Community Education and
Recreation Brochure" equivalent to the space customarily provided for visual and
performing arts activities in past issues of the Brochure and such other space as
may become available as determined by the Commission;
(d) to accept registrations for the activities described in paragraph 8(a) and in
accordance with the policies and procedures described in paragraph 8(h) and to
remit such registration fees to the Society within one week of the financial
statement for each four week period for the previous month's receipts less any
amounts which. have been pre -authorized by the Society for credit card and debit
card bank charges, office supplies, mailing and copying, and facility rental fees,
such expenses to be itemized and forwarded in written form as an invoice.
(e) to provide access to Municipal Parks and Leisure Services Facilities other than the
Arts Centre in accordance with current booking and scheduling policies and
procedures, and to charge the Society for such use in accordance with the current
fees and charges policy, noting that the Society shall be classified as a non-profit
recreational group warranting the subsidies for facility rental contained in that
policy for such groups.
7A. The Commission may, at its sole discretion, establish, from time -to -time for limited
periods, or at its pleasure, an Arts Centre Business Advisory Committee and may appoint
such members to such Committee as it deems desirable. Any Committee established
under this S. 7A will function in accordance with the terms of reference attached to this
Arts Centre Operating Agreement Extension
M
Agreement as Schedule B, and in accordance with any other conditions and terms of
reference determined by the Commission from time -to -time.
Services
S. The Society covenants and agrees with the Commission and with the District to provide
Services as follows:
(a) to manage and operate the Arts Centre Theatre in accordance with this
Agreement, the Maple Ridge Art Gallery Agreement and the Lease;
(i) to provide an art rental program
(ii) to utilise the Art Gallery and Gallery Shop for their intended purpose as
outlined in the business plan developed for the facility including the
display of visual art, social gatherings, meetings, presentations and visual
art appreciation education events and activities, the sale of art work and
for no other purpose save and except that which may be approved by the
Ridge Meadows Arts Council and the Commission from time to time;
(iii) to provide a minimum of one opportunity per year to local non profit art
group to utilise the gallery for a four week long exhibit ;
(iv) to provide a minimum of one opportunity per year to School District 42 to
host a four week long exhibition of student art and provide ongoing
gallery educational programs in co-operation with the School District;
(v) to provide trained and suitable supervision for the activities described in
this Agreement and thereby to: recruit and train volunteers and paid
contractors to conduct art appreciation programs and support the operation
of the Art Gallery and Shop;
(vi) require all staff, contractors and volunteers working in the Art Gallery and
shop and delivering services in any public location who are in a position
of trust working with vulnerable populations (children, etc.) to undergo a
criminal record check on a bi-annual basis as a condition of engagement;
(b) to coordinate the arts activities functioning primarily within the Commission's
area of jurisdiction, within the limits of available resources by encouraging the
involvement or arts groups in Arts Council meetings, special events and other
activities and by providing training opportunities for the volunteers involved in
managing these groups;
(c) to plan, promote and conduct arts activities for all age groups in similar variety,
quantity, and quality to those provided in communities of similar size in the
Province of British Columbia which provide similar resources for such services as
are included in this Agreement;
Arts Centre Operating Agreement Extension
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(d) to conduct a needs assessment at least once during the three year term of the
Agreement to establish those services related to the arts which are necessary to
enhance the quality of life of area residents, and to prepare recommendations and
implement action plans based on the outcome of the study to the extent possible
given present resources. The needs assessment shall be prepared in a written
report for submission to the Commission and shall include but shall not be limited
to:
(i) an inventory of the arts' related programs and services provided by the
groups and agencies which exist in the community including School
District #42;
(ii) a comparison of the cultural programs and services available to the
residents of other B.C. communities of similar size;
(iii) the results of focus group meetings with activity participants;
(iv) complete evaluation reports on each of the activities for which the Society
is directly responsible based upon participant comments, registration and
attendance; and
(v) random surveys and focus group meetings with the general public as
grants to do such research become available.
(e) to work with agencies, organizations and businesses involved in the delivery of
leisure and educational services to the residents of the community to ensure a
commitment to a collaborative approach to quality programming in providing the
most competent, cost effective delivery system to the community;
(f) to advertise the arts and crafts programs which advertisement must appear in the
Commission's Community Education and Recreation Brochure (meeting all
deadlines established by the Commission for the production of said brochure) in
addition to utilizing other appropriate advertising methods;
(g) to acknowledge the Commission's, the District's and the City of Pitt Meadow's
support of the Society and its activities in all advertisements and publications used
to promote these activities;
(h) to permit subsidized access to programs by individuals referred to the Society by
the Ministry of Social Services and through the Recreation Assistance program
providing sufficient paid registrations are in place to enable the program to run;
(i) to register participants in activities utilizing the computerized registration system
now in place at the Maple Ridge Leisure Centre Offices and the Pitt Meadows
Family Recreation Centre Offices, in accordance with the current Municipal
registration policies which may include but are not limited to a delayed
registration period for non-residents, the acceptance of post-dated cheques and the
acceptance of VISA and Master Card charge cards as a method of payment. The
Society further agrees to input the data necessary for the operation of the
Arts Centre Operating Agreement Extension
2
computerized registration system by the deadline dates established by the
Commission's representative;
{j} to operate the Arts Centre in accordance with an annual business plan prepared by
the Society and approved annually by the Commission.
(k) to maintain the Arts Centre and all of the equipment contained therein in a clean
and safe condition at all times and in good working order save and except normal
wear and tear. The Society shall have exclusive and absolute care, custody and
control of the Arts Centre and the equipment contained therein during the terms of
this agreement, but the equipment shall remain the property of the District of
Maple Ridge with the exception of the Grotrian Steinweg concert grand piano and
those chattels listed on Schedule "D" which are acknowledged to be the property
of the Society. Equipment and facility operating and preventative maintenance,
minor repairs, and equipment replacement shall be the responsibility of the
Society with the exception of the heating, ventilation and air conditioning systems
which shall be the responsibility of the District. Structural facility repairs, roofing
and replacement of heating, plumbing, air conditioning, electrical and ventilating
systems, exterior painting and floor replacements or parts thereof the lifecycle of
which is typically beyond five years shall be funded from the capital reserve
established by the District for that purpose;
(1) to utilize the Arts Centre for its intended purpose as outlined in the business plan
developed for the facility including use of the facility for arts and recreational
activities, social gatherings, meetings and small conferences and for no other
purpose save and except that which may be approved by the Commission from
time to time;
(m) to provide equal opportunity for access to and use of the Arts Centre to all local
organizations whether or not they hold membership in the Arks Council;
(n) to provide trained and suitable supervision for the activities described in this
Agreement, such supervision to include but not be limited to the following
procedures:
(i) recruit and train the staff required to operate the Arts Centre in accordance
with the business plan developed for that facility
(ii) recruit and train volunteers and paid contractors to conduct activity
programs and support operation of the Arts Centre;
(iii) require all staff working in the Arts centre and delivering services in any
public location to undergo a criminal record check on a bi-annual basis as
a condition of employment;
(iv) monitor programs and ensure needs of participants are being met as far as
is practicable within the limits of the available resources; and
(v) monitor Arts Centre use and ensure the needs of facility users are being
met within the limits of available resources as far as is practicable.
Arts Centre Operating Agreement Extension
(o) to publicly advertise any full-time positions the Society intends to fill which are
funded through this Agreement and to engage the services of a professional
recruiting firm to assist in the recruitment of the Society's executive director
should that position become vacant at any time during the term of this Agreement.
(p) to advise the assigned Commission staff liaison of any Society Board and General
meetings so that the liaison may attend as a non -voting member;
(q) to provide training for members of the Board of Directors of the Society to ensure
role clarity and an appreciation of the need for policy development, appropriate
meeting management, appropriate Board/Staff relations, etc.
(r) to participate with the District to negotiate in good faith with School District No.
42 (Maple Ridge) for use of the Arts Centre on an as available basis.
Business Plan and Financial Statements
9. The Society must provide to the Commission
(a) a detailed business plan and a budget each year no later than September 1st, for
the operation of the Arts Centre, and for the delivery of the Services for
consideration and approval by the Commission and the Councils of the District
and City;
(b) an audited financial statement each September and an additional report in March
of each year which contains an indication of the usage of the Arts Centre along
with an indication of the activities offered by the Society and its member groups
during the prior year. Such report shall contain the attendance at the Arts Centre,
the number of program participants and the results of the needs assessment
described in paragraph 8(c). A presentation of said annual report is to be made to
the Commission in April of each year or as soon thereafter as such presentation
can be reasonably scheduled.
(c) the Society may establish an operating reserve fund ("ORF"), and may
accumulate annual surpluses in ORF as follows:
i) until the amount in ORF reaches $100,000.00, all annual surpluses shall be
deposited in ORF;
ii) in any year that the amount in ORF is below $100,000.00, the annual
surpluses in that year shall be applied firstly to ORF sufficient only to
restore a minimum balance of $100,000.00. When, and in any year, the
amount in ORF is $100,000.00 or more, annual surplus up to $30,000.00,
must be deposited with the District of Maple Ridge to be held in an
interest bearing Arts Centre Equipment Reserve ("ACER"); and
iii) where ORF exceeds $100,000.00, and after $30,000.00 of any annual
surplus for that year has been deposited in ACER, the balance of the
annual surplus for that year must be divided equally between the Society
and the Commission to be used for such purposes as each sees fit.
Arts Centre Operating Agreement Extension
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(d) despite S. 9(c), monies received by the Society through fund-raising in excess of
that contemplated to be received from such fund-raising activities as set out in the
Society's annual budget approved by the Commission, shall not form any part of
an annual surplus for the purposes of this S. 9(c).
(e) expenditures from ACER shall only be for Arts Centre equipment, and shall be
made by the District of Maple Ridge with consent of the Society.
Society's Covenants
10. The Society must
(a) save harmless and indemnify the Commission, the District and the District of Pitt
Meadows their officers, employees, contractors and volunteers from and against
any and all claims, suits, liability, demands, actions, proceedings, costs, damages
and expenses whatsoever, by whomsoever brought arising in any way from the
provision of the Services and the .operation of the Arts Centre and from any act,
omission, or default, negligent or intentional, of the Society, its officers, directors,
members, contractors, volunteers or others of the Society in the provision of the
Services, the operation of the Arts Centre, or any activities of the Society arising
from or in any way connected to this Agreement;
(b) obtain and maintain during the term of this Agreement, at the Society's expense,
with such company or companies and on such forms as are acceptable to the
Commission, in the name of the Society, Comprehensive General Liability
insurance coverage including without limiting the foregoing coverage for
premises and operations liability, contingency liability with respect to the
operations of contractors and subcontractors, completed operations liability,
contractual liability and automobile liability for owner, non -owned and hired
units. The limits of liability shall be acceptable to the Commission and shall not
be less than $5,000,000 for each occurrence for bodily injury, including death and
property damage. Each policy shall provide that is may not be cancelled, lapsed
or materially altered without at least 30 days' notice in writing to the Commission
by registered mail, and shall name the Commission, the District and the District of
Pitt Meadows as additional insured parties and shall contain a cross liability
clause so that all insured parties may be insured in the same manner and to the
same extent as if individual policies had been issued to each. In the event such
insurance lapses or is cancelled or any material alterations are made without the
approval of the Commission, the Commission may at its option without notice
forthwith terminate this Agreement or the Commission may, at its option and
without obligation to do so, obtain and maintain such insurance at the expense of
the Society and the . Society herby appoints the Commission as the Society's
lawful attorney to do all things necessary for that purpose;
(c) maintain all risk insurance approved by the Commission upon all chattels and
equipment in the Arts Centre and upon all glass and plate glass in the Arts Centre
against breakage from any cause, all in the names of the Commission and the
Society and all in an amount equal to the full replacement value thereof;
Arts Centre Operating Agreement Extension
0
(d) deliver a copy of each insurance policy required by this Agreement to the
Commission prior to the commencement of this Agreement and deliver evidence
of maintenance of the insurance on request by the Commission;
(e) maintain its status as a Society in good standing with the Registrar of Companies
for the Province of British Columbia and to function in accordance with the
Guidelines For Groups with whom the Commission enters into fee for service
agreements as described in the Commission's policy on such matters which is
attached to and forms Schedule "E" of this Agreement;
(f) maintain an open membership which will ensure all citizens of the District and
Pitt Meadows may become members of the Society;
(g) not amend the Constitution or the bylaws of the Society without first informing
the Commission of the intended amendment;
(h) restrict exclusive bookings of all or any part of the Arts Centre to no more than
two continuous months in duration without written permission of the Commission
having been first obtained, except that the Art Gallery and Gift Shop may be
licensed by the Society to the Maple Ridge Art Gallery Society and a gift shop
business for periods not to exceed the remaining term of the Sublease, it being
understood that the Society shall still be bound to perform all its obligations under
this Agreement and the Lease;
(i) not suffer, permit or allow any unlawful activities or conduct or any nuisance to
exist nor suffer, permit or allow any conduct or activity that is in breach of the
Human Rights Code;
(j) possess, occupy, use and operate the Arts Centre in accordance with all the terms
and conditions of the permitted licenses;
(k) Obtain and keep current all permits and licenses required by law to be obtained to
operate the Arts Centre and to provide the Services.
PART III — GENERAL PROVISIONS
11. The parties agree:
(a) this agreement shall come into effect on July 1, 2008, and shall expire and cease
to be binding on the parties on December 30, 2008 provided that either party may
terminate this Agreement upon giving 180 days notice in writing to all parties of
its intention to do so, at the address or addresses of the parties first above set out
or at such address or addresses as the parties may advise each other in writing
from time to time;
(b) the terms of this Agreement may be reviewed and revised with the mutual consent
of all parties;
Arts Centre Operating Agreement Extension
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(c) neither the Commission nor the District has made any representations, covenants,
warranties, guarantees, promises or agreements (oral or otherwise) with the
Society other than those contained in this Agreement;
(d) nothing contained or implied herein shall prejudice or affect the rights and powers
of the Commission or the District in the exercise of its functions under any public
and private statues, bylaws, orders and regulations, all of which may be fully and
effectively exercised as if this Agreement had not been executed and delivered by
the Society;
(e) wherever the singular or masculine is used herein, the same shall be construed as
meaning the plural, feminine or the body corporate or politic where the context or
the parties so require.
(f) the parties hereto shall do and cause to be done all things and execute and cause to
be executed all documents which may be necessary to give proper effect to the
intention of this Agreement;
(g) nothing herein contained shall be deemed or construed by the parties, nor by any
third party, as creating the relationship of principal and agent or of partnership or
of joint venture between the parties and no acts of the parties hereunder shall be
deemed to constitute the Society as anything other than an independent
contractor;
(h) no subsequent alteration, amendment, change, revision or addition to this
Agreement shall be binding on the parties unless in writing and signed by the
authorized signatories,
(i) no provision herein requiring approval or consent of the Commission or the
District shall be deemed to have been fulfilled or unless written consent or
approval relating to the specific matter has first been obtained. Nor prior consent
or approval and no condoning, excusing or overlooking by the District or
Commission on previous occasions when such consent or approval was required
shall be taken to operate as a waiver of the necessity for such consent or approval
wherever required;
{j) if upon the expiry of the term of this Operating Agreement on June 30, 2008, the
Society continues to occupy and operate the Arts Centre, the Commission may, at
its discretion, continue to pay the Service Fees monthly, and upon acceptance of
the same by the Society each month, this Operating Agreement shall continue to
be binding on the Commission, the District and the Society on a month -to -month
term, and during such overholding, the notice period in S. 11(a) shall be 30 days.
(k) time shall be of the essence under this Agreement; and
(1) this Agreement shall enure to the benefit of and be binding upon the parties hereto
and their respective successors and assigns.
Arts Centre Operating Agreement Extension
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IN WITNESS WHEREOF the parties hereto have hereunto set their respective Corporate Seals,
attested by the hands of their respective officers duly authorized in that behalf, the day -and year
first above written.
The Corporate Seal of THE MAPLE )
RIDGE AND PITT MEADOWS PARKS
AND LEISURE SERVICES )
COMMISSION was hereunto affixed in the
presence of. )
CIS
Authorized Signatory )
Authorized Signatory )
The Corporate Seal of THE RIDGE )
MEADOWS COMMUNITY ARTS
COUNCIL was hereunto affixed in the )
presence of:
CIS
Authorized Signatory
Authorized Signatory )
The Corporate Seal of THE )
CORPORATION OF THE DISTRICT OF
MAPLE RIDGE was hereunto affixed in )
the presence of:
} CIS
Authorized Signatory )
Authorized Signatory )
)
Arts Centre Operating Agreement Extension
A '
Deep Roots
Greater Heights
TO:
FROM:
SUBJECT:
District of Maple Ridge
His Worship Mayor Gordon Robson
and Members of Council
Chief Administrative Officer
LAPIDARY CLUB LEASE RENEWAL
EXECUTIVE SUMMARY:
DATE: 2008 07 09
FILE NO:
ATTN: Committee of the Whole
The Maple Ridge Lapidary Club has requested the renewal of their lease for a further 5 year term.
The Lapidary Club has indicated that they are fully satisfied with the terms and conditions contained
in the previous lease agreement, which have been carried over to the proposed lease agreement
(attached for reference).
The Parks and Leisure Services Commission has reviewed and concurs with the following
recommendation.
RECOMMENDATION(S):
That the Corporate Officer be authorized to sign the lease agreement with the Lapidary Club attached to the
2008 07 09 memorandum on this subject for the term July 15, 2008 to July 14, 2013.
DISCUSSION:
a) Background Context: This report will confirm that the Maple Ridge Lapidary Club has fulfilled
all of their obligations contained in the prior lease from 2002 through 2007 and have kept
the building in a safe and functional condition suitable for this use.
b) Desired Outcome(s): The desired outcome is the continuing operation of the club in this
location which contributes to the variety of opportunities available to citizens for artistic
expression.
c) Strategic Alignment: Providing opportunities for citizens to participate in arts activities is one
way of encouraging creativity in the community. The program is sustainable in that it is
operated by a not for profit community organization.
d) Citizen/Customer Implications: The Lapidary Club will continue to use the premises and
provide valuable artistic opportunities for the citizens of Maple Ridge and Pitt Meadows
through initiatives such as classes, hosting open houses for elementary school fields trips
and community groups such as Cub Scouts, etc,
e) Business Plan/Financial Implications: There are no additional costs associated with the
continued use of the premises by the Club.
1153
a) Policy Implications: The Club continues to meet the requirements for groups utilizing
Municipal resources outlined in the policy document on this subject.
CONCLUSIONS:
The club has been very diligent in the provision of annual reports and community programming in
addition to their hobby activities at the centre. The Lapidary Club Executive Board has also made
considerable efforts to maximize the use of the premises in a safe and efficient manner for these
activities, and provide a valuable community service.
Prepared by: Mike Mdrraf `
General Manager: Gomm ity Development, Parks and Recreation
Approved by: Paul Gill, BBA, CCfA
General Manage orporate and Financial Services
Concurrenc ,� .L. (Jim) Rule
Chief Administrative Officer
MWM
This Lease dated for reference July 15th, 2008, is
BETWEEN:
THE CORPORATION -OF THE DISTRICT OF .MAPLE RIDGE
a municipal corporation, having its place of business at 11995 Haney Place,.
Maple Ridge, British Columbia
(the "Lessor")
AND:
MAPLE RIDE LAPIDARY CLUB, Incorporation No. S30257, a Society duly incorporated .
under'the laws of the Province of British Columbia, and having its registered office situate
at 23740 Fern Crescent, Maple Ridge, British Columbia
(the "Lessee")
GIVEN THAT:
The. Lessor is the registered owner in fee simple of those lands and buildings located at 23470 Fern
Crescent and legally described as:
PID 005-137-071
Lot 44, Section 28, Township 12, NWD, Plan 53482
("Land");
A. The Lessee wishes to lease that building located on the Land shown outlined in heavy black on the
sketch plan attached as Schedule "A' and labelled "garage" ("Premises"), for craft workshop
purposes, and the Lessor wishes to lease the Premises to the Lessee for these purposes on the
terms and conditions set out in this Lease;
.THIS AGREEMENT is evidence that in consideration of the mutual promises contained in this Agreement, .
the receipt and sufficiency of which are acknowledged by the parties, the parties agree as follows:
1. Lease of. Premises - The Lessor hereby leases the Premises to the Lessee (the "Lease"), its
servants; agents, employees and invitees, on the terms and conditions and for the purposes set
out in this Lease.
2. Rent - The Lessee shall pay the Lessor the prepaid rent for the Term of $5.00 (the "Rent"), the
receipt of which is hereby acknowledged by the Lessor.
3. Term - The term of this Lease ("Term") and the rights granted by it shall be •for a period of five (5)
years beginning on July 15, 2008 and terminating on July 14th 2013, subject to earlier termination
pursuant to the terms of this Lease.
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4. Lessee's Covenants The Lessee covenants and agrees with the Lessor as follows:
(a) to use the Premises only as a site far the Lessee's craft workshop activities, in accordance
with the Lessor's policies set out in Schedule ".W and Schedule T%. and for no other
purposes whatsoever;
(b) to at all 'times maintain the Lessee in good standing as a non-profit society whose
membership is open to the public and to'provide the Lessor forthwith with copies of all
changes to the Lessee's Constitution or Bylaws;
(c) to in each year of the Term deliver to the - Lessor copies of the Lessee's financial
statements in respect of the previous year, as soon as such statements have been.
approved.by the Lessee's board ofdirectors and the Lessor will have the option to conduct
a financial audit at the Lessor's, discretion;
(d) to in each year of the Term deliver to the Lessor.a report detailing to the satisfaction of the
.Lessor, the Lessee'sactivities on'the Premises during the previous calendar year, such
report to be delivered no later than February 15t' 1n- each year;
(e) not to make or construct in, on or to the Premises any alterations or other improvements .
(collectively, "Improvements"). without obtaining the Lessor's prior written consent, and to
provide to the Lessor plans showing the design and nature of construction of the proposed
Improvements and their proposed location, and all such Improvements, shall be
constructed in accordance with such plans. and in a good and workmanlike manner, and "
shall thereafter be maintained by and at ,the cast and expense of the Lessee, to the
Lessor's satisfaction;
(f) not to commit, suffer or permit any waste, spoil, destruction, damage or injury to the
Premises or to the surrounding Land;
(g) not to cause, maintain or permit anything that may or become a nuisance or annoyance.
in, on or from the Premises to the owners or occupiers of adjoining lands or to the public,
including by the accumulation of rubbish, or unused personal property of any kind;
(h) to heat the Premises as necessary to prevent damage from frost;
(i) to promptly pay all costs and expenses of any kind whatsoever associated with and
payable in respect of the Premises , including without limitation, all taxes, duties, levies,
charges and assessments, permit and license fees, repair and maintenance costs,
administration and service fees, telephone, electrical, gas, .water, sewage disposal and
other utility charges;
(j) to repair and maintain~ the Premises (including for clarity -all Improvements) in good
condition and repair and a neat, tidy, safe, clean and sanitary condition, including without
limitation all maintenance and repairs (including replacement as •necessary): to the
structural, electrical, plumbing, heating, air conditioning, machinery, equipment, facilities
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and fixtures to a standard befitting public facilities used for a similar purpose, at the
Lessee's sole expense;
(k) not to allow any refuse, debris, garbage, or other- loose or objectionable material to
accumulate or be deposited in, on or from the .Premises but rather to dispose of the same -
regularly and continuously, in order to maintain the Premises in a condition befitting public
facilities used for similar purposes, and to take all reasonable measures to ensure that any
substance discharged, spilled, emitted, released or permitted to escape, seep or leak onto
the land'or into, drains or sewers on or adjacent to the Premises is in compliance with all
applicable laws;
{I) to carry on and conduct its activities in, on and from the Premises in compliance with any
and all applicable statutes, bylaws, regulations and orders, including without limitation by
obtaining all necessary permits and licenses, and not to do or omit to do anything upon or
from the Premises in contravention thereof;
(m) not to display any sign of any kind anywhere outside the Premises, or within the Premises
so as to be visible frorn the outside of the.Premises, without first obtaining the approval of
the Lessor as to design, size. and location, such approval not to be unreasonably withheld;
(n) to maximize the use of the Premises for the Intended purposes ensuring that no request to
Use the Premises by another bona fide non-profit society or the Lessor is refused if the time
and facilities are available for such use;
(o) to observe and cause its employees, invitees and others over whom the Lessee can
reasonably be expected to exercise control to observe the Ruies .and Regulations set out in
Schedule 'C', and such further and. other rules and regulations of the Lessor, acting
reasonably after consultation with the Lessee, and all such rules and regulations shall be
deemed to be incorporated into and form part of this Lease;
(p) not to assign or transfer this Lease or sublet all or any part of the Premises or to part with
possession of the whole_ or any part of the Premises without the prior written consent of the
Lessor, such consent not to be unreasonably withheld so long as the status of the
proposed assignee or sub-lettee or other party is acceptable to the Lessor, but the Lessee
may rent out all or part of the Premises from time to time for periods of time not exceeding
seven (7) consecutive days; and
(q) to promptly discharge any builders' lien which may be filed against the title to the Land
relating to any work or. construction which it undertakes on or to the Premises.
5. Taxation - The Lessee acknowledges and agrees that it is solely responsible for the payment of all
property taxes and assessments levied against the Premises during the Term. The Lessee may in
each year apply to the District of Maple Ridge for an, exemption from taxation in accordance with
the Local Government Act provisions in force from time to time, and may apply for financial
assistance from the District of Maple Ridge. However, the Lessee acknowledges that such grants
and exemptions are within the'sole discretion of the District of Maple Ridge Council and cannot in
any way be guaranteed or relied upon.
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6. -Net Lease - Without limiting any other provisions in this Lease, the Lessee agrees that this Lease
shall I be net to the Lessor and the Lessee shall promptly pay when due its own account and without
any variation, set-off, or deduction all amounts, charges, costs, duties, expenses, fees, levies,
rates, sums and taxes and increases in any way relating to the operation and maintenance of the
Premises.
7.. Maintenance - If. during the Term the. Lessee defaults in its obligations to maintain the Premises
and all Improvements, the Lessor may give written notice specifying the respect in which such
maintenance is deficient, and the Lessee shall, within fifteen (15) days of such notice, remedy the
default specified in the notice and where the Lessee has not commenced, or having commenced,
is not diligently completing the remedying of .such default or if the maintenance is not satisfactory
to the Lessor, the Lessor may enter upon the Premises and perform such maintenance as is in the
Lessor's opinion required, at the sale cost and expense of the Lessee, plus such additional charge
as may then be applicable in accordance with the policies of the Lessor for administration and
overhead, provided that nothing in this section requires the Lessor to perform any maintenance
duringthe Term.
8. Condition at End of Term - Upon the expiration or earlier termination of this Lease, the Lessee
shall leave the Premises in a.clean, neat and sanitary condition satisfactory to the Lessor.
9. If the Lessee fails to leave the Premises in the condition required by this Lease, the Lessor may do
so on behalf of the Lessee and the Lessee shall, on demand, compensate the Lessor for all costs
incurred by the Lessor.
10. All alterations .to or leasehold improvements made., in or upon the Premises after the
commencement of the Term shall immediately upon termination of the Lease become the Lessor's
sole property without any compensation to the Lessee. Except to the extent otherwise expressly
agreed by the Lessor in.writing, no leasehold improvements shall be removed by the Lessee from
the Premises during the Term except that the Lessee may at the end of the Term remove its trade
fixtures. The Lessee shall, in the case of every removal, either during or at the end of the Term,
make. good any damage caused to the Premises by the installation and removal.
11. Acknowledgment and Agreements of the Lessee -The Lessee acknowledges and agrees that:
(a) the Lessor has given no representations or warranties with respect to the Premises,
including without limitation with respect to the suitability of the Premises for the Lessee's
intended use for the Premises;
(b) the Lessee has the power and capacity to enter into and carry out the obligations under
this Lease and has undertaken all necessary corporate approvals to enter into. and carry
out this Lease; and
(c) the Lesseb leases the Premises on an as is, basis and the Lessor has not made any
representations, warranties or agreements as to the condition of the Premises.
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12. Quiet Possession - The Lessor covenants and agrees with the Lessee to permit the Lessee, so long
as the Lessee is not in default of the Lessee's obligations under this Lease, to peaceably possess
and enjoy the Premises for the Term, without interference or disturbance from the Lessor or those
claiming by, from or. under the Lessor except_as expressly provided in this Lease.
13. indemnity -Notwithstanding any other provisions of the Lease, the Lessee shall indemnify and
save harmless the Lessor from any and all liabilities, ' damages, costs,
arising out of. claims, suits or actions
(a) any breach, violation or non-performance of any covenant, condition or -agreement in this
Lease on the part of the Lessee to be fulfilled, kept, observed or performed;'
(b) any damage to property arising out of the Lessee's use and. occupation
and. of the premises;
(c) any injury, to person or persons, including death, occurring in or about the Premises,
and this indemnity shall survive the Term.
14. The Lessee agrees that the Lessor shall not be liable for any bodily injury to or death of, or loss or
damage to any property belonging -to, the Lessee or its employees, invitees, or licensees or any
other person. in, on or about the Premises unless resulting from the actual fault or negligence of
the Lessor, but in no event shall the Lessor be liable:
{a) for any damage caused by steam, water, rain or snow which may leak into, or flow from any
part of the Premises or from the pipes or plumbing works thereof or for any damage .
caused by or attributable to the condition or arrangement of any electric or other wiring; or
(b) for any act or omission on the part of any agent, contractor or person from time to time
employed by the Lessee 4o perform services, supervision or any other work in Premises. or about the
15. Insurance by Lessee -The Lessee shall obtain and maintain for the Term:
(a) a policy of general public liability insurance in an amount of at least $5,000,ob0.00 per
occurrence; and
(b) a policy of insurance in respect of fire and such other perils, including sprinkler leakage as
arefrom time to time defined in a standard commercial all-risk insurance policy covering all
-of the Lessee's trade fixtures and the furniture and equipment and all other contents of the
Premises and plate glass insurance in an amount equal.to the replacement cost thereof,
which insurance shall include the tessor'as an insured. • .
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16. All insurance required to be maintained by the Lessee shall be on terms and with. insurers
satisfactory to the Lessor and shall provide that such insurers shall provide to the Lessor thirty (30)
days prior written notice of cancellation or material alteration of such terms. The Lessee shall
furnish to the Lessor certificates or other evidence acceptable to the Lessor as to the insurance
from time to time required to be effected by the Lessee and its renewal or continuation in force. If
the Lessee shall fall to take out; renew and keep in force such insUrance.the Lessor may do so as
the agent of the Lessee and the Lessee shall repay to the Lessor any amounts paid by the Lessor
as premiums forthwith upon demand.
17. Insurance by Lessor
(a) The Lessor shall insure and keep insured to their full replacement -value, for the Term, all
buildings, structures, fixtures and equipment of the Premises (other than the Lessee's
trade fixtures) against loss or damage by ire and against loss by such other insurable
hazards as it may from time to time reasonably require. Should property be lost or
damaged'due to an insurable hazard, replacement or re -construction of such loss shall be
at the Lessor's -discretion. Should the Lessor chose not to replace or re -construct such loss,
this lease shall immediately terminate upon such destruction.
(b) The Lessee shall not omit or permit upon the Premises anything which would cause the
Lessor's cost of insurance (whether fire or liability) to be increased (and, without waiving
the foregoing prohibition the Lessor may demand, and the Lessee shall pay to the Lessor
upon demand the amount of any such increase of cost caused by anything so done or
omitted to be done) or which shall cause any policy of insurance to. be subject to
cancellation.
18. Lessor's Representative - A member"of the staff of the Ridge Meadows Parks and Leisure Services
Department as designated by the Lessor from time to time shall serve as the Lessor's
Representative for the purposes of this Lease.
19. Additions to Premises - The Lessor may from time to time during the Term add or extend the
Premises and to lease. such extensions or additions to third parties. In exercising such rights, the
Lessor agrees to have prior consultation with the Lessee and to put the Lessee to no unnecessary
inconvenience and not to unreasonably interfere with the Lessee's use of the Premises.
20. .,Holding Over - If at the expiration of the Lease the Lessee shall hold over for any. reason, the
tenancy of the Lessee thereafter shall be from month to month only and shall be subject to all
terms and conditions of this Lease, except as to duration, in, the absence of written agreement
between the Lessor and the Lessee to the contrary.
21. Right of Entry -'The Lessor or its authorized representative may enter the Premises at all
reasonable times for the purposes of inspection of the Premises.
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22.. *.5trlct Performance - The failure of the Lessor to insist in any one or .more cases upon the. strict
Performance of any of the covenants of this Lease or to exercise any option herein contained shall
not. be construed as a waiver or a relinquishment for the future of such covenant or option and the
acceptance of rental by the Lessor with knowledge of the breach by the Lessee of any covenant or
condition of this Lease shall not be deemed a waiver of such breach and, no waiver by the Lessor
Of any provision of this Lease shall be deemed a waiver of such breach and no -waiver by the
Lessor of any provision of this Lease. shall be deemed to have been made unless expressed in
writing and signed by the Lessor.
23. Termination Due to Default - If and whenever:
(a) the Lessee becomes bankrupt or insolvent, .or makes an assignment for the benefit of
creditors, has a receiving order made against it, commences winding up proceedings, or if
the Lessee takes the benefit of any enactment relating to bankruptcy or insolvent debtors; .
(b) the Lessee is in default in the payment of the Rent or any other sum payable under this
Lease and default continues for thirty (3.0) days after the giving of written notice by the
Lessor to the Lessee;
(c) the lessee shall not observe, perform or keep each and every of the covenants,
agreements, stipulations, obligations, conditions and other provisions of this Lease to be
observed, performed and kept by the Lessee, other than the payment of money, and shall
persist in such.default for thirty (30) days after the giving of written notice by the Lessor; or
(d) the Lessee vacates or abandons the Premises, or uses or permits or suffers -the use of the
Premises for any purpose other than the purposes permitted by this Lease, any such
default shall persist for fifteen (15) days after the giving of written notice by the Lessor,
then and in each of such cases at the option of the Lessor, this Lease may be terminated and the
Term shall then immediately become forfeited and void and the Lessee shall immediately cease all
use and occupation of the Premises and shall vacate and deliver up possession of the Premises
and the. Lessor may without notice or any form of legal process and without any adherence to
Public law duties or procedural fairness or the principles of natural justice, forthwith re-enter the
Premises and repossess and enjoy the same.
.24. Distress - If and whenever the Lessee shall be in default of the payment of any money' whether
hereby expressly reserved or'deemed as Rent or any part thereof, the Lessor may without notice or
any form of legal process whatsoever, enter upon the Premises and seize, -remove and sell the
Lessee's goods, chattels and equipment therefrom and seize, remove, and sell any goods, chattels
and equipment at any place to which the Lessee or any other person may have removed them in
the same manner as if they had remained and been distrained upon the Premises,
notwithstanding any rule of law or equity to the contrary,. and the Lessee hereby waives and
renounces the benefit of any present of future statute or law limiting or eliminating the Lessor's
right of distress.
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25.. - Additional 'Rights - In additlon to all rights and remedies of the Lessor'available to it in the event of
any default by the Lessee under this Lease or otherwise, the Lessor:
(a) shall have the right at all times to remedy or attempt to remedy any default of the Lessee,
and in so doing may make any payments -due or•alleged to be due by the Lessee to third
parties' and may enter upon' the Premises, to doany work. or other things therein -and in
such event all expenses of the Lessor in remedying or attempting to remedy such default
shall be payable by the Lessee to the Lessor forthwith upon demand;
-(b) shall have the same rights and remedies in the event of any non-payment by the Lessee of
any amounts payable by the Lessee under any provision of this Lease as the case of a non- .
payment of Rent;
(c) if the Lessee fails to pay any sum promptly when due, shall be -entitled, upon ,demand, to
interest on such amount at the -rate charged and. published from time to time by the main
branch of the Lessor's bank, as its most favourable rate of interest to its most creditworthy
and substantial commercial customers commonly known as its "prime rate", from the date
upon which the same was due until the date of actual payment; and
(d) whenever the Lessor becomes entitled to 're-enter the Premises under any provision of this
Lease, the Lessor in addition to all other rights it may have shah have the right as.agent of
the Lessee to enter the Premises and re -let them -and to receive the rent, and as the agent
of the Lessee to take possessior) of any furniture owned by the Lessee and -to sell the
same at public or private sale without notice and to apply the proceeds and any rent
derived from re -letting the Premises upon account of the rent due and to become due
under this Lease and the Lessee shah be liable to the Lessor for the deficiency, if any.
26.. Rights Non -Exclusive - All rights and remedies of the Lessor are intended to be cumulative and not
alternative, and the express provisions as to certain rights and remedies are not to be interpreted
as excluding any other or additional rights and remedies available to the Lessor -by statute or the
general law.
27. Entire Agreement - The Lessee acknowledges that there are no covenants, representations,
warranties, agreements or conditions expressed. or implied relating to this Lease or the Premises
save as expressly set out in this Lease, and that this Lease is the ..entire agreement between the
parties respecting its subject matter.
28. Governing Law. -This Lease shah be governed by and construed in accordance with the laws of the
Province of British Columbia.
29. Severance - Should any provision or provisions of this Lease be illegal or not enforceable, it or they
shall be considered separate and severable from the Lease and its remaining provisions shall
remain in force and be binding upon the parties hereto as though the said provision or provisions
had never been included.
30. Time of Essence - Time is of the essence of this Lease.
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31. Notice. -'Any notice to be given pursuant to this Lease shall be in writing and shall be sufficiently
given if served personally upon an officer of the party for whom it is intended or mailed by prepaid
registered post and,in the case of the Lessor addressed to:
The Corporation of the District of Maple Ridge
11995 Haney Place,
Maple Ridge, British Columbia V2X 6A9
and. in the case of.the Lessee, addressed to:
The Maple Ridge Lapidary Club
P.O. Box 142
Maple Ridge, British Columbia V2X 7E9
The date of the receipt of such notice shall be deemed conclusively to be the day of service if
such notice is served personally, or if mailed, forty-eight (48) hours after such mailing.
32. Enurement.- This Lease enures to the benefit of and is binding upon the .parties hereto, and their
respective successors and permitted assigns and all words in the neuter shall include the
masculine or the feminine and all words in the singular shall include.the plural when the context so
requires.
33. Reference - Every reference to a party is deemed to include the heirs, executors, administrators,
successors,. assigns, servants, employees, agents, contractors, officers, licensees and invitees of
`'such party wherever the context'so requires or allows.
.10.
IN WITNESS_ WHEREOF the parties hereto have duly executed this Lease on the dates set out below.
THE CORPORATE SEAL OF THE LESSOR.
was hereunto affixed
in the presence of:
Corporate Officer
Date:
THE CORPORATE SEAL OF THE LESSEE
was hereunto affixed
in the presence.of:
Title
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.S B7 °S2'E �p '
Guidelines for Municipal Partnerships
Purposes:
The purpose of these guidelines is to ensure the fair and consistent treatment afproposals received by or initiated Municipality for partnering with "not for profit" groups, agencies, or businesses. Far the . Y by tht;
PartnersMps are identified as those relationships which result in the Municipality entr th pose of these guidelines,
agreement with a "not for profit" community group, an agency, or a busine s fotx the a to a lease or fee for service
service. ng g provision of a community
If municipailty has a legal
obligation
Negotiate Agreement
Establish best terms
Sign and monitor
agreement
Printed on March 28, 2002
Receive Request
If request for Municipal
resources at a net. cost to
Municipality or k it is.
Proposed that the District
initiate a service not
previously provided.
Establish need
Establish'praposed
service is within Municipal
mandate
Ensure no duplication
Prove that Municipal
resources are required
Determine if the proposed
service is a greater priority
than other uMunded
services
Determine if the proposed
Partner has required
qualifications
Determine if a competitive
Process is necessary
Establish agreement
On required terns
including reporting
Sign and monitor
agreement
If simple business
arrangement for use of
surplus Municipal resources.
Tender the opportunity
Seleet propoSW providing
bast return
Negotiate agreement
Establish best terms
Sign and monitor
agreement
Policy 4. l5
Decision Steps:
1, Receive a written request/proposal from a group to partner with the municipality.
2. If the request is for a renewal or formalization of an existing arrangement, review the history of,the
relationship with the municipality to determine any legal obligations the municipality may have as a
result . of previous council decisions. If there are legal obligations, develop the required
documentation to define and implement the agreement.
3. If the request is for a new agreement or relationship not previously entered into by the municipality
for a simple business relationship for use of surplus municipal resources (i.e. such as the rental of.
surplus land for a commercial purpose) which does not require a municipal contribution to meet a
demonstrated community need, then establish fair market value for the resource and provide others
with .a competitive opportunity to use the resource. Once the opportunity has been advertised and
bids have been received on a competitive basis, complete the analysis, selection and final
negotiation. If it is established that a service is viable as an independent business, the municipality
should determine the fair market value of the resources the municipality is being asked to commit
and ensure that this return is achieved. Anything less than fair market value should not be
considered (to ensure other similar businesses -not utilizing municipal resources are not undermined
by unfair competition.)
4.'. If the request is for a contribution of -municipal resources at a net cost to the municipality such as a
lease of land at rates below market value or the delivery of a public service:
a) establish the degree of need in the community for the service. Critical questions to establish need
include determining the number of residents who will benefit directly and indirectly over the time of
the agreement along with any background reports which document the need. If an acceptable level
of need is established, proceed to the next test
b) establish if the proposed service fits within the municipal government mandate. Critical
questions to be asked to establish the appropriateness for municipal involvement include determining
whether there will be an indirect benefit to all residents (regardless of their direct participation) and
whether or not the Municipal Act mandates the municipality to participate in or support the provision .
of the service. Another question related to the appropriateness of municipal, involvement and the
relative priority of providing the requested support is the degree to which the proposed service meets
established municipal goals and objectives. If it is determined that the municipality has a mandate to
become involved, proceed to the next test.
c) establish whether or not other local agencies or. businesses are already successfully meeting the
needs.. If there are qualified agencies or businesses who are -coming close to meeting the need, the
proponent should be asked to explore specific service gaps with them to determine if those needs
which remain unmet can be addressed by the existing group. If so, acknowledge that municipal
resources are not required to meet the need and proceed no further. If no business, agency or group
is qualified or able to meet the need, proceed to the next test. With respect to the required
qualifications, refer to Paragraph (g) below for the list of qualifications for not for profit groups. The
qualifications for commercial businesses include a requirement that the business in question hold a
valid business license, has the verifiable capability to follow through with the work to the required
standard.
d) establish the degree to which municipal support/subsidy is required for the sexvice to be viable
and accessible to the general public. A long-term operational plan and budget (three to five years)
her similar services provided in other communities (including an
supported by comparisons to of
in of, the municipal support provided in those communities) should be obtained to prove the
service would not otherwise be viable and to prove the requirement for: municipal support.. A long-
term budget should also identify the resources typically available through user fees and other sources
of revenue. The municipality should establish the degree of support required to provide. the proposed
service by analyzing the operating budget in detail. For example, if a not for profit group has agreeG
to raise the required funding to build the facility, they require and they agree to cover all the
Printed on March 28, 2002 Policy 4.15
—24-
operating costs, the municipality may determine it is appropriate to contribute the land at little or no.
cost and, possibly, the long-term major mechanical and structural repairs. If it is established the
revenue potential of a required service is extremely limited, the municipality may determine that an
even greater degree of support should be provided (such as. the Maple Ridge Museum.) In these
cases it may well be determined that providing the service through a not for profit organization is
preferable and more cost-effective than providing the service directly through the municipal work
force. Once the required degree of .support is defined (in a municipal -budget if necessary), proceed
to the next test.
e)- establish , that the proposed service is a greater priority than other unfunded services
considered by the municipality. Despite the justification. for supporting a proposed service
sufficient funding may not be available to provide the required level of support. The municipality
should ensure that such requests are considered at the same time as other requests to. ensure that the
available fimding is used to support the :service which is determined to .have the highest priority. A
ranking exercise should be undertaken to establish the relative priority of all requests. If the'
proposed service enjoys a sufficiently high ranking and it is established that the required resources
are available, then proceed to the next test
f) establish that the proponent being considered has the required quaUcations. For example, a
not for profit group should prove that. it is registered and in good -standing with the registrar. The
group should also prove that its constitution and bylaws are acceptable. The conditions of
acceptance should include a requirement that a majority of the group's members are local residents,
that membership is open to all residents of the appropriate age, that the group's Board of Directors is
elected by the members on a regular cycle, that there is a limit one the number of terms a board
.member can serve, that the group's. assets on dissolution will go either to another similar
organization located in the municipality or to the municipality itself, and that the purposes of the
organization as described in its constitution match the contract being entered into with the
municipality. Commercial businesses should only be considered for partnering if they hold a valid
business licence, can demonstrate through references, certification and current or recent performance
and/or credit reviews and/or bonding that they have the capability of carrying out the proposed
contractual obligations. The qualification should be required in advance of the submission of a bid
fora contract. Once a group proves it is qualified, proceed to the next test.
g) establish if a competitive process -is necessary to ensure the most deserving proponent is
awarded the partnership. A competitive process may not be appropriate for not for profits such as
neighbourhood associations wishing to build facilities on municipal land to serve the needs of their
specific neighbourhood populations (since there are no other neighbourhood groups serving their
neighbourhood): Other examples of not for profit groups which should not be required to compete
for a limited resource might include the Historical Society preserving an important heritage building
for a municipal museum, or a new volunteer group established specifically by the municipality to
operate a facility or provide a needed service because a suitable organization did not previously
exist. Examples of proposals which should be made competitive include those in which -the
proponents wish to partner with the municipality in order to meet their specific goals which are
distinct from the municipality's public service goals. For example, a church group wishing to
construct a facility on municipal land with the dual purpose of a church and a public assembly area
when it is not in use as a church, should compete with others for the opportunity to use the municipal
land. They should do so since it is not within the municipal mandate to support church facilities at
anything other than fair market cost. What the municipality will receive in return for use of the
municipal land should be assessed against the fair market rent a land lease would generate. Qualified
commercial groups should compete for opportunities to partner with the municipality, given their
profit motive. Sole source negotiations with potential commercial partners should only take place
where the partner is the only provider of an essential aspect of the service. When this approach is
taken, care must be taken to ensure fair value is achieved by the municipality. A third party
evaluation may be required to establish that "'fair value" has been achieved. Once an appropriate
level of competition has been carried out and a proponent is being considered, proceed to the next
test. .
Printed on March 28, 2002 Policy 4.15
-25-
h) establish agreement on the required terms of the contract All of the standard lease requirements
Y must be . included where leasing is involved, such ' as sufficient insurance coverage naming ' the
municipality as an insured party, re-entry on default, lien protection, inspection, defined uses and.
services, reporting requirements on activities and the provision of independently prepared or audited
annual financial statements to the municipality. The length of term of the agreement and the
conditions under which the agreement can be terminated must. also be established and will vary
depending upon the initial capital investment made by the municipality's partner. A group or
company which raises the majority of the funding to build a facility will require along -term lease or
series of options to renew which total the life expectancy of the building to justify their efforts.
Conversely„ a group which contributes very little capital will not require a.lengthy term to make their
investment of volunteer time worthwhile. All agreements should include reference to a minimum
standard of service which is acceptable to the municipality.
i) Once the required terms are agreed noon, adopt the required bylaws, sign and monitor the
agreement.
Printed on March 28, 2002 Policy 4.15
-26-
13
SCHEDULE V
The Lease made between The Corporation of
The District of Maple Ridge, as Lessor, and
The Maple Ridge Lapidary Club, as Lessee
RULES AND REGULATIONS
The Lessee shall observe the following Rules and Regulations (as amended, modified or supplemented
from time to time by the Lessor after consultation with the Lessee and acting reasonably as provided in
the Lease):
1. The Lessee shall not use or permit the use of the Premises in such manner as to create any
objectionable noises or fumes..
2. The Lessee shall not abuse, misuse or damage the Premises or any of the improvements or
facilities therein, and in particular shall not deposit rubbish in any plumbing apparatus or use it for
other than purposes for which it is intended.
3. The Lessee shall not permit access to main header ducts, janitors and electrical closets and other
necessary means of access to mechanical, electrical and other facilities to be obstructed by the
placement of furniture or otherwise. The Lessee shall not place any additional locks or other
security devices upon any doors of the Premises without immediately notifying the .Lessor and
subject to any conditions imposed by the Lessor for the maintenance of necessary access.
4. The foregoing Rules and Regulations, as from time to time amended, may be waived in whole or in
part with respect to the Premises without waiving them as to future application to the Premises,
and the imposition of such Rules and Regulations shall not create or imply any obligation of the
Lessor to enforce them or create any liability of the Lessor for their non -enforcement.
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MAPLE RIDGE
District of Maple Ridge
British Columbia
Deep Roots
Greater Heights
TO: His Worship Mayor Gordon Robson DATE: July 14, 2008
and Members of Council FILE NO: E01-035-001
FROM: Chief Administrative Officer ATTN: Council
SUBJECT: Ridge Meadows Heritage Day Events
EXECUTIVE SUMMARY:
A request has been received from the Mayor's Heritage Day Society to use Memorial Peace Park for
the Ridge Meadows Heritage Day events on Saturday, August 2, 2008.
Authorization from Council is required in accordance with the "Maple Ridge Highway and Traffic By-
law 3136-1982" to allow the event to occur in Maple Ridge.
RECOMMENDATION:
THAT use of municipal streets be authorized for the Ridge Meadows Heritage Day events on
Saturday August 2, 2008, provided the conditions outlined in Schedule 'A' attached to the staff
report dated July 14, 2008 are met.
DISCUSSION:
a) Background Context:
The Mayor's Heritage Day Society is requesting permission to use municipal streets on
Saturday, August 2, 2008 for the Ridge Meadows Heritage Day Events. The events will take
place in Memorial Peace Park from 10:00 am to 10:00 pm. The following road closures are
required:
• Haney Place road
• Fraser Street, from Haney Place to Dewdney Trunk Road
• At 10:00 pm, Edge Street, McIntosh Avenue and the alley along the north side of
Haney Place Mall from 226 Street to Edge Street. The bus loop will not be affected
by the closure.
b) Strategic Plan:
Permitting of Maple Ridge street events promotes community development and often
highlights Maple Ridge's natural and built features.
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c) Citizen/Customer Implications:
Permission to use municipal streets may cause some delays and inconveniences to other
road users. However, traffic control will be provided by the event organizers. In addition, the
organizers will be distributing an information letter to affected businesses and residents.
d) Interdepartmental Implications:
The road use permit establishes that the event organizer must obtain the approval of RCMP,
for traffic control and must notify the Fire Department and BC Ambulance Services as well as
coordinate with Coast Mountain Bus Company (transit service).
e) Business Plan Implications:
The Business Plan recognizes that the District processes requests for use of municipal
streets as part of its services. The financial impact of the specific road use is limited to staff
processing effort.
f) Policy Implications:
Permission to use municipal streets is grantable under the District's policy practices.
g) Alternatives:
The District could refuse to permit the event to occur. In this event, the organizer would
have to cancel the event.
CONCLUSIONS:
From time to time, the District is requested to allow the use of municipal streets for various events
and activities. Permission is requested for the Ridge Meadows Heritage Day Events and conditions
of Schedule `A' are attached.
Submitted by: Aidf Wood, ,PEng.
m e
Mu icipal En r
Approved by: Frank Quinn, VBA, PEng.
G Public Works & Development Services
r
Concurren J. L.. (Jim))Rule
Chief Administrative Officer
M L/ri
Schedule `A' To Council Memorandum Dated July 1-4, 2008
Ridge Meadows Heritage Day Events
Conditions of Approval
Approval for the event is given on condition that the organizers:
1. provide all necessary traffic controls, parking and emergency access acceptable to the
RCMP, and the Corporation of the District of Maple Ridge (the District);
2. notify local Fire Department, and Ambulance Services of the event;
3. make arrangements with Coast Mountain Bus Company for any required rerouting of buses;
4. advertise the event in a local newspaper and notify all surrounding businesses and residents of
the event (a minimum of one week prior to the event date);
5. notify surrounding businesses of pending road closures, by letter provided by the District of
Maple Ridge on behalf of the organizer;
6. must maintain access for emergency services to the effected areas at all times;
7. hold and save harmless the District from and against all claims, and damages arising out
of or in any way connected with the event;
8. obtain any required permits from Parks & Leisure Services for facility use if required; and
9. obtain and maintain during the term of this event a comprehensive general liability
insurance policy providing coverage of not less than $5,000,000.00, naming the
Corporation of the District of Maple Ridge as an additional named insured and MUST
have the following statement written in the policy:
"Naming the District as an additional insured and providing that the said policy
shall not be cancelled, lapsed or materially altered without 30 days notice in
writing to the District."
Policies without this statement or an altered statement will NOT be accepted. The policy
shall also include a Cross Liability Clause. A copy of such policy shall be delivered to the
Corporate Officer prior to the event; and
10.refurbish all municipal infrastructure to an equal or better condition than that which
existed prior to the event, all within 24 hours of the completed event, to the satisfaction
of the District.
The Corporation of the District of Maple Ridge reserves the right to withdraw permission to use
municipal streets for this and future events should the organizers fail to comply with the above
requirements.
Chief Administrative Officer