HomeMy WebLinkAbout2010-09-14 Council Meeting Agenda and Reports.pdfDistrict of Maple Ridge
COUNCIL MEETING AGENDA
September 14, 2010
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 Duane Goerzen, Maple Ridge Community 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 August 31, 2010
502 Minutes of the Development Agreements Committee Meetings of
September 1 and 3(2), 2010.
600 PRESENTATIONS AT THE REQUEST OF COUNCIL
Page 1
Council Meeting Agenda
September 14, 2010
Council Chamber
Page 2 of 5
700 DELEGATIONS
701 Emerald Pig Society, Bard on the Bandstand 2010
- Sharon Malone
800 UNFINISHED BUSINESS
900 CORRESPONDENCE
1000 BYLAWS
Bylaws for Final Reading
1001 Maple Ridge Taxi Regulation Amending Bylaw No. 6754-2010
To clarify the permit application process
Final reading
COMMITTEE REPORTS AND RECOMMENDATIONS
1100 COMMITTEE OF THE WHOLE
1100 Minutes - August 30, 2010
The following issues were presented at an earlier Committee 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/067/10, 23851 Kanaka Creek Road and 11089 240 Street, RS-3 to R-
1 a nd R-2
Staff report dated September 7, 2010 recommending that Maple Ridge
Zone Amending Bylaw No. 6758-2010 to allow for future subdivision be
given first reading and that the applicant provide further information as
described in Schedule (A-H) of the Development Procedures Bylaw No.
5879-1999
Council Meeting Agenda
September 14, 2010
Council Chamber
Page 3 of 5
1102 RZ/040/09, 24554 102 Avenue, 10175, 10125, 10075, 10025 248
Street, First Extension
Staff report dated September 8, 2010 recommending that a one year
extension be granted for rezoning application RZ/040/09 to permit 112
residential lots under the R.-1 (Residential District), RS-1b (One Family
Urban [Medium Density] Residential) zone.
1103 RZ/096/06, 11774 and 11756 236 Street, Final One Year Extension
Staff report dated September 2, 2010 recommending that a final one year
extension be granted for rezoning application RZ/096/06 to permit 11
single family lots under the R-3 (Special Amenity Residential District) and R-
1 (Residential District) zones and 1 duplex lot under the RT-1(Two Family
Urban Residential) zone.
1104 TransLink MRN Minor Capital Program Agreement 0911-1101
Staff report dated September 3, 2010 recommending that the Corporate
Officer be authorized to sign and execute Major Road Network Minor
Capital Program Agreement No. 0911-1101 for installation of a new traffic
signal and road alignment improvements at the intersection of 216 Street
and 128 Avenue.
1105 Maple Ridge Kennel Regulation Bylaw No. 6036-2002 Amendment and
Maple Ridge Zoning Bylaw No. 3510-1985 Text Amendment for Kennel
Regulations
Staff report dated August 31, 2010 recommending that Maple Ridge
Kennel Regulation Amending Bylaw No. 6755-2010 to update the
definition of `dog' and provide more specific interior and exterior pen
requirements be given first, second and third readings and that Maple
Ridge Zone Amending Bylaw No. 6757-2010 to amend the definition of
`dog' to be consistent with the Kennel Regulation Bylaw be given first and
second readings and be forwarded to Public Hearing.
Financial and Corporate Services (including Fire and Police]
1131 Bylaw for Dedication of Property at 22109 119 Avenue as Park
Staff report dated September 7, 2010 recommending that Maple Ridge
Park Dedication Bylaw No. 6753-2010 be given first, second and third
readings.
Council Meeting Agenda
September 14, 2010
Council Chamber
Page 4 of 5
1132 2011 Permissive Tax Exemptions
Staff report dated September 8, 2010 recommending that Maple Ridge Tax
Exemption Bylaw No. 6759-2010 be given first, second and third readings.
Community Development and Recreation Service
1151 Albion Water Spray Park Contract Award
Staff report dated August 31, 2010 recommending that the contract for the
provision of a water spray park at Albion Park be awarded to Habitat
Systems Inc.
1152 Maple Ridge Pitt Meadows Arts Council Fee for Service Agreement
1181
Staff report dated September 8, 2010 recommending that the Corporate
Officer be authorized to execute the amended 2009 to 2011 Maple Ridge
Pitt Meadows Arts Council Fee for Service Agreement.
Correspondence
Other Committee Issues
1200 STAFF REPORTS
1300 RELEASE OF ITEMS FROM CLOSED COUNCIL
From the Closed Council Meeting of August 30, 2010
• Potential Disposition of Property at 22109 119 Avenue
For information only
1400 MAYOR'S REPORT
1500 COUNCILLORS' REPORTS
1600 OTHER MATTERS DEEMED EXPEDIENT
Council Meeting Agenda
September 14, 2010
Council Chamber
Page 5 of 5
1700 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETING
1800 QUESTIONS FROM THE PUBLIC
1900 ADJOURNMENT
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.
Each person will be permitted 2 minutes 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.
Council reserves the right to defer responding to a question in order to obtain the
information required to provide a complete and accurate response.
Other opportunities are available to address Council including public hearings,
delegations and community forum. The public may also make their views known to
Council by writing or via email and by attending open houses, workshops and
information meetings. Serving on an Advisory Committee is an excellent way to
have a voice in the future of this community.
For more information on these opportunities contact:
Clerk's Department at 604-463-5221 or clerks@mapleridp-e.ca.
Mayor and Council at mavorandcouncil@maoleridge.ca.
Checked by
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CORPORATION OF THE DISTRICT OF MAPLE RIDGE
DEVELOPMENT AGREEMENTS COMMITTEE
MINUTES
September 1, 2010
Mayor's Office
PRESENT:
Ernie Daykin, Mayor
Chairman
J.L. (Jim) Rule, Chief Administrative Officer
Member
1. CONCORDIA HOMES
LEGAL:
LOCATION:
OWNER:
REQUIRED AGREEMENTS:
Amanda Allen, Recording Secretary
Lot 7, Section 16, Township 12, New Westminster
District, Plan BCP42841
11200 236 Street
Concordia Homes
Covenant - Sump Pump
THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING
DOCUMENT AS IT RELATES TO CONCORDIA HOMES.
Chair
CARRIED
lam._
J.L. (Jin� Rule, Chief Administrative Officer
Member
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CORPORATION OF
THE DISTRICT OF
• . MAPLE RIDGE
LICENSES, PERMITS & BYLAWS DEPT.
DATE: Aug 27, 2010 FILE: Untitled BY: CB
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
DEVELOPMENT AGREEMENTS COMMITTEE
MINUTES
September 3, 2010
Mayor's Office
PRESENT:
Ernie Daykin, Mayor
Chairman
J.L. (Jim) Rule, Chief Administrative Officer
Member
1. SD/090/08
LEGAL:
LOCATION:
OWNER:
REQUIRED AGREEMENTS:
Amanda Allen, Recording Secretary
Lot 51, Section 20, Township 12, New Westminster
District, Plan 40879
22846 128 Avenue
it•7..Ta11e.='
Subdivision Servicing Agreement;
Statutory Right -of -Way (Drainage);
Covenants: Geotechnical; Infiltration
THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING
DOCUMENTS AS THEY RELATE TO SD/090/08.
CARRIED
J.L. (J'' ) Rule, Chief Administrative Officer
Member
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CORPORATION OF
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District Of ', fi ^ �b�ll� I � __ _I I ( PLANNING DEPARTMENT
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DATE: Oct 3, 2008 FILE: SD/090/08 BY: PC
River — �., a • i
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
DEVELOPMENT AGREEMENTS COMMITTEE
MINUTES
September 3, 2010
Mayor's Office
PRESENT:
Ernie Daykin, Mayor
Chairman
J.L. (Jim) Rule, Chief Administrative Officer
Member
Amanda Allen, Recording Secretary
1. SD/085/09
LEGAL: Lots 1 & 2, Section 32, Township 12, New Westminster
District, Plan BCP43237
LOCATION: 22920 & 22890 Gilbert Drive
OWNER: Insignia Homes Silver Valley Ltd.
REQUIRED AGREEMENTS: Covenants: Storm Detention; Geotech; No Build
Discharges: Geotech Covenant BB340081; Statutory
Right -of -Way BB142775
Subdivision Plans; Party Wall Easement; Exterior Finish
Easement; Statutory Right -of -Way (Drainage); Perimeter
Drains Easement; Cross Access Easement
THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING
DOCUMENTS AS THEY RELATE TO SD/085/09.
ErE�e"Daykin, ayor
Chair
CARRIED
J.L. (Jim) ule, Chief Administrative Officer
Member
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�- - -- -A1 DATE: Jun 14, 2010 FILE:SD/085/09 BY: PC
+`FTAIER
DISTRICT OF MAPLE RIDGE
BYLAW NO. 6754 - 2010
A Bylaw to further amend Maple Ridge Taxi Regulation Bylaw No. 6409-2006 and
amendments thereto.
WHEREAS it is deemed expedient to further amend Maple Ridge Taxi Regulation Bylaw No.
6409-2006 as amended;
NOW THEREFORE, the Council of the District of Maple Ridge enacts as follows:
1. This Bylaw shall be cited for all purposes as "Maple Ridge Taxi Regulation Amending
Bylaw No. 6754 - 2010".
2, "Maple Ridge Taxi Regulation Bylaw No. 6409-2006" as amended is further
amended as follows:
(a) By deleting point 6.3 in it's entirety and replacing it with "6.3 - Every Applicant
for a Chauffeur's Permit shall disclose whether the Applicant has ever been
denied or refused a Chauffeur's Permit and must not make any false statement
or declaration in an application for a Chauffer's permit under this bylaw."
(b) By deleting point 6.6 in it's entirety and replacing it with "6.6 In the event of a
refusal to issue, suspension or cancellation of a Chauffer's Permit by the Chief
of Police, the Applicant or permit holder may appeal to the Council within 30
calendar days of such refusal, suspension or cancellation. The Applicant or
permit holder shall be given an opportunity to appear before Council as per
Section 36 of the Motor Vehicle Act to show cause why the Applicant or permit
holder should be issued a Chauffeur's Permit or why the Chauffeur's Permit
should not be suspended or cancelled. Council may confirm; reverse; or vary
the refusal, suspension or cancellation and in doing so may impose terms and
conditions.
(c) By adding point "6.11 Chauffer's Permits shall be issued and valid for a period
of 12 months for a new or renewal application"
(d) By adding point "6.12 Notwithstanding subsection 6.11, the Chief of Police
may issue a Chauffeur's Permit on a probationary basis for any period less than
that provided for subsection 6.11 where the Chief of Police considers it to be in
the public interest"
1001
(e) By adding point "6.13 (a) Every re -applicant for a Chauffeur's Permit shall
make application to the Chief of Police who may grant, suspend or refuse to
grant a permit. (b) Re -application for a Chauffeur's Permit may not be made
within 12 months of refusal, suspension or cancellation of the Chief of Police or
upon appeal as confirmed, reversed or varied by Council"
READ A FIRST TIME this
READ A SECOND TIME this
READ A THIRD TIME this
day of
day of
day of
RECONSIDERED AND ADOPTED this
PRESIDING MEMBER
2010.
2010.
2010.
day of 2010.
CORPORATE OFFICER
Deep Roots
Greater Heights
TO:
FROM:
DISTRICT OF MAPLE RIDGE
His Worship Mayor Ernie Daykin DATE: September 7, 2010
and Members of Council FILE NO: RZ/067/10
Chief Administrative Officer ATTN: C of W
SUBJECT: First Reading
Maple Ridge Zone Amending Bylaw No. 6758-2010
23851 Kanaka Creek Road
11089 240 Street
EXECUTIVE SUMMARY:
An application has been received to rezone the subject property from RS-3 (One Family Rural
Residential) to R-1 (Residential District) and R-2 (Urban Residential District) in accordance with the
plan attached at Appendix C. The current application is the first phase in a larger development of the
surrounding area. A new zone, R-2 (Urban Residential District), has been prepared to bridge the
existing lot size gap between the existing R-1 Zone (Residential District) and the R-3 Zone (Special
Amenity Residential District). The introduction of this new zone, with a minimum lot size of 315m2
(3400ft2), will enhance housing options throughout the District.
To proceed further with this application additional information is required as outlined below.
RECOMMENDATIONS:
In respect of Section 879 of the Local Government Act, requirement for consultation during the
development or amendment of an Official Community Plan, Council must consider whether
consultation is required with specifically:
a. The Board of the Regional District in which the area covered by the plan is located, in the
case of a Municipal Official Community Plan;
b. The Board of any Regional District that is adjacent to the area covered by the plan;
c. The Council of any municipality that is adjacent to the area covered by the plan;
d. First Nations;
e. School District Boards, greater boards and improvements district boards; and
f. The Provincial and Federal Governments and their agencies.
and in that regard it is recommended that no additional consultation be required in respect of this
matter beyond the early posting of the proposed Official Community Plan amendments on the
District's website, together with an invitation to the public to comment, and;
That Zone Amending Bylaw No. 6758-2010 be given First Reading, and;
That the applicant provide further information as described on Schedule (A - H) of the Development
Procedures Bylaw No. 5879 - 1999.
1101
DISCUSSION:
a) Background Context:
Applicant:
Owner:
Legal Description:
OCP:
Existing:
Zoning:
Existing:
Proposed:
Surrounding Uses
North: Use:
Zone:
Designation
Jorden Cook Associates
John D Wynnyk
Steve W Wynnyk
Lot: 2, Plan: 3173
Lot: 3, Plan: 3173
Lot: 8, D.L.: 404, Plan: 809
Low/Medium Density Residential, Conservation
RS-3 (One Family Rural Residential)
R-1(Residential District), R-2 (Urban Residential District)
Conservation and Single Family Residential
CD-1-93 (Comprehensive Development Zone)
Conservation and Urban Residential
South: Use: Park and Single Family Residential
Zone: RS-3 (One Family Rural Residential)
Designation: Kanaka Creek Regional Park and Urban
Residential
East: Use: Single Family Residential
Zone: RS-3 (One Family Rural Residential)
Designation: Urban Residential
West: Use:
Zone:
Designation
Existing Use of Property:
Proposed Use of Property:
Site Area:
Access:
Servicing requirement:
b) Site Characteristics:
Conservation and Single Family Residential
CD-1-93 (Comprehensive Development Zone)
Conservation and Urban Residential
Single Family/Agriculture
Single Family Residential
4.482 HA (11 Acres)
110th Avenue and Kanaka Creek Road
Urban Standard
The subject property is approximately 4.5 hectares in size and is bound by Rainbow Creek to the
West, Kanaka Creek Regional Park to the Southwest and Urban designated properties currently
being farmed to the Southeast, East and to the North. Directly West of Rainbow Creek is an urban
residential subdivision.
WA
The property is characterised by undulating fields sloping East to West to Rainbow Creek along the
western portion of the site. The current application includes 1 parcel of land that is part of the overall
"Wynnyk Farm", which is comprised of 4 parcels in total.
Project Description:
The current application proposes to rezone the subject property from RS-3 (One Family Rural
Residential) to R-1 (Residential District) and R-2 (Urban Residential District). The applicant also
proposes to dedicate 22.5 metres along Rainbow Creek as Parkland for stream habitat protection as
per the policies of the Official Community Plan.
The current proposal provides motor vehicle access off 110t" Avenue and Kanaka Creek Road. The
applicant has provided a preliminary sketch plan showing a future vehicular connection from the
existing 110t" Avenue to 240t" Street. Appendix D shows the proposed future road network to
service the adjacent properties. As the attached plans demonstrate, development of the subject
property must be undertaken in a manner that takes account of the potential future development of
the surrounding properties. The current development application must, therefore, provide detailed
plans outlining the potential future development of those adjoining lands, including subdivision
concept plans and details of the proposed transportation network. A transportation study will be
required from a qualified professional engineer.
At this time the current application has been assessed to determine its compliance with the Official
Community Plan and provide a land use assessment only. Detailed review and comments will need
to be made once full application packages have been received. A more detailed analysis and a
further report will be required prior to second reading. Such assessment may impact proposed lot
boundaries and yields, Official Community Plan designations and Bylaw particulars, and may require
application for further development permits.
c) Planning Analysis:
Official Community Plan:
The Official Community Plan designates the subject property 71% Urban Residential and 29%
Conservation. The proposed Rezoning to R-1 (Residential District) and R-2 (Urban Residential
District) is in accordance with the subject property's designation as "Urban Residential" in the
Official Community Plan. An amendment to the OCP's Zoning Matrix will be required to include the
proposed new R-2 (Urban Residential District) Zone.
The OCP currently proposes a 30 metre setback from Rainbow Creek. The applicant is proposing a
22.5 metre setback from said creek with compensation measures to be implemented on or off site
for the loss of habitat. Additional details pertaining to the required compensation will be forthcoming
from the applicant and will be reviewed for compliance to District Policies between First and Second
Reading. The Conservation designated area is to be dedicated Park for the protection and
enhancement of Rainbow Creek. The applicant proposes to dedicate 22.5 metres for Park land, a
reduction of 7.5 metres from the OCP designation of 30 metre setback from Rainbow Creek. This
will require an amendment to the OCP.
The current application is subject to a Watercourse Protection and Natural Features Development
Permit.
-3-
Zoning Bylaw:
The current application proposes to rezone the property located at 23851 Kanaka Creek Road
and 11089 240 Street from RS-3 (One Family Rural Residential) to R-1 (Residential District), R-2
(Urban Residential District) to permit subdivision into Urban Residential lots of various sizes.
Any variations from the requirements of the proposed zone will require a Development Variance
Permit application.
Development Permits:
Pursuant to Section 8.9 of the Official Community Plan, a Watercourse Protection Development
Permit application is required for all developments and building permits within 50 metres of the top
of bank of all watercourses and wetlands. The purpose of the Watercourse Protection Development
Permit is to ensure the preservation, protection, restoration and enhancement of watercourse and
riparian areas.
Pursuant to Section 8.10 of the Official Community Plan, a Natural Features Development Permit
application is required for all development and subdivision activity for;
• All areas designated Conservation on Schedule "B" or all areas within 50 metres of an
area designated Conservation on Schedule "B";
• All lands with an average natural slope of greater than 15 percent;
• All floodplain areas and forest lands identified on Natural Features Schedule "C"
to ensure the preservation, protection, restoration and enhancement of watercourse and riparian
a reas.
Development Information Meetin :
A Development Information Meeting is required for this application. Prior to Second Reading the
applicant is required to host a Development Information Meeting in accordance with Council Policy
6.20.
d) Interdepartmental Implications:
In order to advance the current application, after First Reading, comments and input, will be sought
from the various internal departments and external agencies listed below:
a)
Engineering Department;
b)
Operations Department;
c)
Environment Department;
d)
Fire Department;
e)
Parks Department;
f)
School District;
g)
Ministry of Environment; and
h)
Metro Vancouver.
The above list is intended to be indicative only and it may become necessary, as the application
progresses, to liaise with agencies and/or departments not listed above.
M
This application has not been forwarded to the Engineering Department for comments at this time;
therefore, an evaluation of servicing requirements has not been undertaken. We anticipate that this
evaluation will take place between 1st and 2nd Reading.
e) Development Applications:
In order for this application to proceed the following information must be provided, as required by
Development Procedural Bylaw No. 5879 - 1999 as amended:
1. An Official Community Plan Application (Schedule A);
2. A complete Rezoning Application (Schedule B or Schedule C);
3. Watercourse Protection Development Permit Application (Schedule F);
4. Natural Features Development Permit Application (Schedule G);
5. Subdivision Application, as per attached requirements.
The above list is intended to be indicative only, other applications may be necessary as the
assessment of the proposal progresses.
CONCLUSION:
The applicant and District staff have worked on the current application to produce a viable
development concept for the subject property. The applicant has provided the District with an
Application Summary Document, a Geotechnical Report and an Environmental Report to assist in
development discussions. The Application Summary Document outlines the proposed development
concepts and aligns those with the policies of the Official Community Plan.
The development proposal is not in compliance with the Official Community Plan and conservation
boundary; however, we anticipate the applicant will provide further justification to support an Official
Community Plan amendment to reduce the Conservation Designation along Kanaka Creek from 30
metres to 22.5 metres. It is, therefore, recommended that Council grant First Reading subject to
additional information being provided and assessed prior to Second Reading.
In respect of Section 879 of the Local Government Act for consultation during an Official Community
Plan amendment, it is recommended that no additional consultation is required beyond the early
posting of the proposed OCP amendments on the District's website, together with an invitation to the
public to comment. It is, therefore recommended that Council not require any additional
consultation.
The proposed layout has not been reviewed in relation to the relevant bylaws and regulations
governing subdivision applications. Any subdivision layout provided is strictly preliminary and must
be approved by the District of Maple Ridge's Approving Officer.
�'11111111
Prepared by: Sarah Atkinson
Planning Technician
�t�.r�r� ' MCP, MCIP
of Plannino
Approved b+ Frank Quinn, MBA, P.Eng
GM: Public Worms & Development Services
Concurrence:[ J. L. (Jim) Rule
Chief Administrative Officer
SA/dp j
The following appendices are attached hereto:
Appendix A - Subject Map
Appendix B - Zone Amending Bylaw 6758-2010
Appendix C - Proposed Zoning Map
Appendix D - Development Context
WON
_m
I
Subje4t Properties
Appendix A
I
C-It��f Pitt 23851 Kanaka Cr Rd
Meac(ows-- 11089 - 240 St
U) 84156-0000-8
CORPORATION OF
THE DISTRICT OF
sMAPLE RIDGE
lid=
District of F_ Langley PLANNING DEPARTMENT
SCALE 1:5,000
DATE: Aug 6,2010 RZ/067/10 BY: JV
-IT?ASER R,-
Appendix B
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6758 -2010
A Bylaw to amend 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. 6758 - 2010."
2. That PART 3 BASIC PROVISIONS, SECTION 302 ZONES (1) is amended by inserting
the following between "R-1 Residential District" and "R-3 Special Amenity Residential
District"
R-2 Urban Residential District
3. Amend Schedule "D" Minimum Lot Area and Dimensions by the addition of the
following;
"R-2 see section 60113"
after
"R-1 12m 24m 371m2"
4. Amend PART 6 RESIDENTIAL ZONES, SECTION 601, ONE FAMILY AND TWO FAMILY
RESIDENTIAL ZONES (R-1, RS-1, RS-1a, RS-1b, SRS, RS-1c, RS-1d, RS-2, RS-3, RT-1,
RE) by the deletion of the section in its entirety and replacement with the following:
601 ONE FAMILY AND TWO FAMILY RESIDENTIAL ZONES (R-1, R-2, R-3 RS-1, RS-1a,
RS-1b, SRS, RS-1c, RS-1d, RS-2, RS-3, RT-1, RE, CD-1-93)"
A. PERMITTED USES OF LAND, BUILDINGS AND STRUCTURES
Subject to the regulations of Section 401, 402 and 601B, the following uses and
no others shall be permitted in the zone indicated:
USE
ZONE IN WHICH USE IS PERMITTED
R-1
R-2
R-3
RS-1
RS-1a
RS-1b
RS-1c
RS-1d
RS-2
RS-3
RT-1
SRS
RE
GD-1-
93
Agriculture
One Family
Residential
'/
J
J
J
J
J
J
J
J
J
J
J
J
J
Two Family
Residential
Boarding
/
,/
,/
,�
,/
J
J
,/
,/
J
J
J
./
Accessory
Residential
J
J
J
./
J
./
J
J
J
J
./
J
J
Accessory
Home
J
J
J
Vol'
J
J
,/
J
,/
J
J
Occupation
Accessory Off -
Street Parking
J
J
J
J
J
J
f
J
J
J
J
J
Accessory
Employee
Residential
Accessory
Produce Sales
Elderly Citizens
Residential
'/
Temporary
Residential
(subject to
J
,/
J
J
J
v
J
,/
,/
,/
J
J
,/
Section 402)
Rental Stable
J
Temporary
Tourist
J
J
./
J
J
,/
J
J
J
v
Accomodation
Secondary
Suite
J
J
J
J
J
J
./
J
Residential
Hobby Kennel
J
Neighbourhood
Daycare
'/
J
J
J
J
J
J
J
J
Detached
Garden Suite
J
J
J
f
f
J
J
Use (subject to
Section 402)
5. That PART 6 RESIDENTIAL ZONES is amended by inserting the following after Section
601A "CD-1-93 Amenity Residential District".
601B R-2 Urban Residential District
A. PERMITTED USES
Subject to the regulations of Section 401 and Section 601, the following uses and no others shall
be permitted in the R-2 zone.
1. One Family Residential (limited to one per lot)
2. Boarding Use (Sec. 401 & 601)
3. Accessory Residential Use
4. Accessory Home Occupation Use (Sec. 401)
5. Accessory Off Street Parking Use
6. Temporary Residential Use (subject to Section 402)
B. DENSITY
1. All buildings and structures shall not exceed a lot coverage of 50%;
2. Buildings and structures for Accessory Residential Use shall not exceed a lot coverage of
12%
C. AREA AND DIMENSIONS
1. Lot Area
a) No person shall create a lot which is less than 315 m2 in area.
2. Lot Dimensions
a) Width:
With lane access:
No person shall create an interior lot which is less than 9.2 metres in width
measured at a distance of 7.5 metres from the front property line.
No person shall create an exterior lot which borders either a street or lane on 2
sides, one of which is a side lot line which is less than 13.2m in width measured
at a distance of 7.5 metres from the front property line.
ii Without lane access:
No person shall create an interior lot which is less than 10.5 m in width
measured at a distance 7.5 metres from the front property line.
No person shall create an exterior lot which borders either a street or lane on 2
sides, one of which is a side lot line which is less than 13.5 metres in width
measured at a distance of 7.5 metres from the front property line.
b) Depth:
No person shall create a lot which is less than 27 metres in depth.
D. YARD REQUIREMENTS
a) Regulations for the size, shape and siting of buildings and structures shall be:
1. For lots with a rear lane, shall be sited not less than:
a) 3.0 metres from the front lot line;
b) 13.0 metres from the rear lot line;
c) 1.2 metres from the interior lot line;
d) 3.0 metres from an exterior side lot line;
2. For lots with no rear lane, shall be sited not less than:
a) 3.0 metres from the front lot line except that the distance to the garage shall
not be less than 5.5 metres;
b) 8.0 metres from the rear lot line;
c) 1.2 metres from the interior lot line;
d) 3.0 metres from the exterior lot line.
b) Buildings and Structures for Accessory Residential Use and Accessory Off -Street Parking
Use shall be sited not less than:
i) 1.0 metres from the rear lot line;
ii) 0.45 metres from an interior side lot line provided that a minimum setback of 2 m is
maintained for the other side yard;
iii) 2.0 metres from an exterior side yard;
iv) 11.0 metres from a front lot line;
v) 4.5 metres from a principal use measured from the face of any chimney, bay
window, hutch or nook permitted elsewhere in this bylaw.
�Wlh:llllr
1. All buildings and structures for one family residential use shall not exceed a height of
9.75 metres nor 2 storeys in height.
2. All buildings used for accessory residential use and/or accessory off street parking use
shall not exceed a height of 4.9 metres.
F. OTHER REGULATIONS:
1. Access
Vehicular access for lots backing on a Municipal lane will be restricted to the lane.
G. Off Street Parking spaces shall be provided in accordance with "Maple Ridge Off Street
Parking and Loading Bylaw No. 4350 - 1990."
H. A residential use shall be permitted only if the site is serviced to the standard set out in Maple
Ridge Subdivision and Development Servicing Bylaw No. 4800 - 1993 as amended.
6. Those parcels or tracts of land and outlined in heavy black line are hereby rezoned as
shown on Map No. 1491, a copy of which is attached hereto and forms part of this
bylaw.
Parcel "A" (Reference Plan 5527) Lot 8, District Lots 404 and 408, Group 1, New
Westminster District, Plan 809
Lot 2, District Lots 404 and 408, Group 1, New Westminster District, Plan 3173
Lot 3, District Lot 408, Group 1, New Westminster District, Plan 3173
Maple Ridge Zoning Bylaw No. 3510 -1985 as amended and Map "A" attached
thereto are hereby amended accordingly.
READ a first time the day of , A.D. 20.
PUBLIC HEARING held the day of , A.D. 20 .
READ a second time the day of , A.D. 20 .
READ a third time the day of , A.D. 20 .
RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 20 .
PRESIDING MEMBER
CORPORATE OFFICER
RP 1387
RP 1387
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LMP 44353 5
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PARK
LMP 24722
P 3173
2
3
P 3173
1
MAPLE RIDGE ZONE AMENDING
Bylaw No. 6758-2010
Map No. 1491
From: RS-3 (One Family Rural Residential)
To: R-1 (Residential District)
® R-2 (Urban Residential District)
R
a C
EP 15665 P 19825
D
P 19825
A
RP 5527
Pt. 8
P 809
N
SCALE 1.3,500
Hc'
Figure 5 —Proposed Zoning
SOURCE: DISTRICT OF MAPLE RIDGE AND JORDEN COOK ASSOCIATES
Appendix C
-,�
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Figure 10 — Development Context
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SOURCE. JORDEN COOK ASSOCIATES
Appendix D
Jorden Cook Associates J210366 Rezoning_OCPArnend.App 2010Aug10 16
DISTRICT OF MAPLE RIDGE
Deep Roots
Greater Heights
TO: His Worship Mayor Ernie Daykin DATE: September 8, 2010
and Members of Council FILE NO: RZ/040/09
FROM: Chief Administrative Officer ATTN: C of W
SUBJECT: Rezoning - First Extension
Maple Ridge Official Community Plan Amending Bylaw No. 6674-2009 and
Maple Ridge Zone Amending Bylaw No.6675-2009
24554102 Avenue, 10175, 10125, 10075, and 10025 248 Street
EXECUTIVE SUMMARY:
The applicant for the above noted file has applied for an extension to this rezoning application under
Maple Ridge Development Procedures Bylaw No. 5879-1999. This application is to permit 112
residential lots under the R-1 (Residential District), and RS-1b (One Family Urban (Medium Density)
Residential) zone.
RECOMMENDATION:
That a one year extension be granted for rezoning application RZ/040/09 and that the following
conditions be addressed prior to consideration of final reading:
Approval from the Metro Vancouver Regional District Board to amend the Regional
Context Statement of the Official Community Plan;
ii. Approval from the Ministry of Transportation;
iii. Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt
of the deposit of security as outlined in the Agreement, which includes a contribution
to the future upgrading of 248th Street;
iv. Amendment to Schedule "B" & "C" of the Official Community Plan;
V. Registration of a detailed geotechnical report addressing the suitability of the site for
the 112 lot subdivision as a Restrictive Covenant;
vi. Road dedication as required;
vii. An Amenity Restrictive Covenant protecting the landscape buffer and confirmation in
writing from the property owner that a Local Service Agreement will be provided at the
subdivision stage for the longterm maintenance of the buffer area;
viii. Approval of the Greater Vancouver Sewerage and Drainage District to amend the
Fraser Sewer Area boundary;
ix. A landscape plan prepared by a Landscape Architect detailing the landscape buffer
must be submitted including the security to do the works;
X. Park dedication as detailed on Appendix D, and including the property located at
24554 102 Avenue known as the Lower Jackson Farm, including construction of
walkways and equestrian trail;
xi. A disclosure statement must be submitted by a Professional Engineer advising
whether there is any evidence of underground fuel storage tanks. If there is evidence,
a site profile pursuant to the Waste Management Act must be provided in accordance
with the regulations.
DISCUSSION:
a) Background Context:
Applicant: Damax Consultants Ltd.
Owner: 666921 B C LTD & 0710696 B C LTD
Legal Description: Lots 1-4 Section: 3, Township: 12, Plan:BCP41515
Zoning:
Existing: Urban Reserve (Upper Jackson) , Agricultural (Lower
Jackson)
Proposed: Urban Residential
Existing: RS-3 (One Family Rural Residential) Lower Jackson,
A-1 (Small Holding Agricultural) Upper Jackson;
Proposed: R-1(Residential District), RS-1b (One Family Urban
(Medium Density) Residential) - Upper Jackson
Surrounding Uses - (Upper Jackson)
North: Use:
Urban Residential (large lots) and gravel extraction
Zone:
SRS (Special Urban Residential) and RS-3 (One Family
Rural Residential)
Designation
Low Med Residential (Albion Area Plan)
South: Use:
Rural Residential
Zone:
RS-3 (One Family Rural Residential)
Designation:
Urban Reserve (Thornhill)
East: Use:
Rural Residential and ALR
Zone:
A-2 Upland Agriculture and RS-3 (One Family Rural
Residential)
Designation:
Urban Reserve (Thornhill) and Agricultural
West: Use:
Rural Residential and Gravel Extraction
Zone:
RS-3 One Family Rural Residential
Designation:
Agricultural (Agricultural Land Reserve) and
Low/Medium Residential
-2-
Existing Use of Property:
Proposed Use of Property:
Site Area:
Access:
Servicing:
Companion Applications:
b) Project Description:
Vacant- Lower Jackson, 4 lot Subdivision - Upper
Jackson
Urban - Upper Jackson, Park - Lower Jackson
8.96 HA (Upper Jackson) and 15.06 HA (Lower
Jackson)
Jackson Road
Full urban services required (Upper Jackson)
SD/040/09
The development plans for the Upper Jackson farm property are for 112 residential lots of a single
family nature and a variety of lot sizes, as follows:
• 9 RS-1(b) (One Family Urban (Medium Density) Residential) lots with minimum lot sizes of
690 m2,
• 29 R-1(Residential District) lots with minimum lot sizes of 430 m2,
• 74 R-1(Residential District) lots with minimum lot sizes of 371 m2.
The following dates outline Council's consideration of the application and Bylaws 6674-2009 and
6675-2009:
- The First Reading report (see attached) was considered on July 28, 2009;
- First Reading was granted July 28, 2009
- Public Hearing was held September 25, 2009;
- Second and Third reading was granted on September 22, 2009.
Application Progress:
The applicant has completed most of the terms and conditions to be met prior to final reading of the
Zone Amending Bylaw. This application involved amendments to the Regional Context Statement of
the Official Community Plan, and to the Fraser Sewer Area boundary. Both of these amendments
required regional government approvals, through the Metro Vancouver Regional District and through
the Greater Vancouver Sewerage and Drainage District. These approvals were time consuming to
obtain. The applicant is now pursuing completion of the remaining requirements for Final Approval.
It is understood that these requirements will be finalized by the end of September.
Alternatives:
Council may choose one of the following alternatives:
1. grant the request for extension;
2. deny the request for extension; or
3. repeal third reading of the bylaw and refer the bylaw to Public Hearing.
-3-
CONCLUSION:
The applicant has been actively pursuing the completion of this rezoning application and has applied
for a one year extension. It is anticipated that within the next few months final consideration will be
applied for.
'D i#dA
Prepared by: Diana Hall
Planner _
ved by` JatmP' erir ; WCPWCIP
Dire T'Planningr--,
174-�'LL
Approved by:; Frank Quinn, MBA, P.Eng
GM: Public Works &Development Services
Concurrence: J.L. (Jim) Rule
Chief Administrative Officer
The following apiiendices are attached hereto:
Appendix A - Subject Map
Appendix B - First Reading Report
-4-
Appendix B
=-py�
DISTRICT OF MAPLE RIDGE
Deep Roots
Greater Heights
TO: His Worship Mayor Ernie Daykin DATE: July 15, 2009
and Members of Council FILE NO: RZ/040/09
FROM: Chief Administrative Officer ATTN: C of W
SUBJECT: First Reading
Maple Ridge Official Community Plan Amending Bylaw No. 6674-2009 and
Maple Ridge Zone Amending Bylaw No.6675-2009
24554 102 Avenue (Lower Jackson Farm) & (Lot A LMP 42378 at 100
Avenue & 248 Street - Upper Jackson Farm
EXECUTIVE SUMMARY:
This application involves two properties. One of the properties (Lot A LMP 42378 at 100 Avenue &
248 Street - Upper Jackson Farm) is proposed to develop to an urban standard, in an area
designated Urban Reserve under the Official Community Plan. In exchange for advancing
development the property owner has proposed to dedicate the other subject property 24554 102
Avenue (Lower Jackson Farm) to the municipality as parkland.
A staff report considered by Council on April 14, 2009 dated April 1, 2009 detailed the necessary
steps required to advance urban development on the Upper Jackson Farm portion and the
implications of doing so. Advancement of this application requires amendments to the District's
Regional Context Statement, the Official Community Plan, the Zoning Bylaw as well as road servicing
variances and the issuance of a Natural Features Development Permit.
Following the review of the report at the April 14, 2009 Council meeting, the following resolution was
passed:
That staff be directed to bring back a zone amending bylaw which will designate the Upper
Jackson Farm as Urban Residential in exchange for the dedication of the Lower Jackson Farm to
the District of Maple Ridge as per the applicant's proposal at the April 6, 2009 Committee of the
Whole Meeting.
RECOMMENDATIONS:
In accordance with the April 14, 2009 Council resolution;
1. That Maple Ridge Official Community Plan Amending Bylaw No. 6674-2009 be given first
reading and be forwarded to Public Hearing of September 15, 2009:
2. That in accordance with Section 879 of the Local Government Act opportunity for early and
on- going consultation has been provided by way of posting Official Community Plan Amending
Bylaw No. 6674-2009 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. 6674-2009 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. 6674-
2009 is consistent with the Capital Expenditure Plan and Waste Management Plan;
5. That Zone Amending Bylaw No. 6675-2009 be given first reading and be forwarded to
Public Hearing of September 15, 2009; and
6. That the following terms and conditions be met prior to final reading.
Approval from the Metro Vancouver Regional District Board to amend the Regional
Context Statement of the Official Community Plan;
ii. Approval from the Ministry of Transportation;
iii. Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and
receipt of the deposit of security as outlined in the Agreement, which includes a
contribution to the future upgrading of 248th Street;
iv. Amendment to Schedule "B" & "C" of the Official Community Plan;
V. Registration of a detailed geotechnical report addressing the suitability of the site
for the 112 lot subdivision as a Restrictive Covenant;
vi. Road dedication as required;
vii. An Amenity Restrictive Covenant protecting the landscape buffer and confirmation
in writing from the property owner that a Local Service Agreement will be provided
at the subdivision stage for the long term maintenance of the buffer area;
viii. Approval of the Greater Vancouver Sewerage and Drainage District to amend the
Fraser Sewer Area boundary;
ix. A landscape plan prepared by a Landscape Architect detailing the landscape buffer
must be submitted including the security to do the works;
X. Park dedication as detailed on Appendix D, and including the property located at
24554 102 Avenue known as the Lower Jackson Farm, including construction of
walkways and equestrian trail;
A. A disclosure statement must be submitted by a Professional Engineer advising
whether there is any evidence of underground fuel storage tanks. If there is
WAN
evidence, a site profile pursuant to the Waste Management Act must be provided in
accordance with the regulations.
xii. Pursuant to the Contaminated Site Regulations of the Environmental Management
Act, the subdivider will provide a Site Profile for the subject lands.
DISCUSSION:
a) Background Context:
Applicant:
Owner:
Legal Description:
OCP:
Existing:
Proposed:
Zoning:
Damax Consultants Ltd.
666921 B C LTD & 0710696 B C LTD
Section: 3, Township: 12, Plan: EP12314, Lot: A,
Section: 3, Township: 12, Plan: LMP42378
Urban Reserve (Upper Jackson) , Agricultural (Lower
Jackson)
Urban Residential
Existing: RS-3 (One Family Rural Residential) Lower Jackson,
A-1 (Small Holding Agricultural) Upper Jackson;
Proposed: R-1 (Residential District), RS-1b (One Family Urban
(Medium Density) Residential) - Upper Jackson
Surrounding Uses - (Upper Jackson)
North:
Use:
Urban Residential (large lots) and gravel extraction
Zone:
SRS (Special Urban Residential) and RS-3 (One
Family Rural Residential)
Designation
Low Med Residential (Albion Area Plan)
South:
Use:
Rural Residential
Zone:
RS-3 (One Family Rural Residential)
Designation:
Urban Reserve (Thornhill)
East:
Use:
Rural Residential and ALR
Zone:
A-2 Upland Agriculture and RS-3 (One Family Rural
Residential)
Designation:
Urban Reserve (Thornhill) and Agricultural
West:
Use:
Rural Residential and Gravel Extraction
Zone:
RS-3 One Family Rural Residential
Designation:
Agricultural (Agricultural Land Reserve) and
Low/Medium Residential
Existing Use of Property:
Vacant- Lower Jackson, 4 lot Subdivision - Upper
Jackson
3-
Proposed Use of Property:
Site Area:
Access:
Servicing:
Companion Applications:
b) Project Description:
Urban - Upper Jackson, Park - Lower Jackson
8.96 HA (Upper Jackson) and 15.06 HA (Lower
Jackson)
Jackson Road
Full urban services required (Upper Jackson)
SD/040/09
This subject property is within the Thornhill Urban Reserve and is adjacent to a variety of land
designations, including Agricultural, Urban Reserve, and the Albion Area Plan designations. The
development plans for the Upper Jackson farm property are for 112 residential lots of a single family
nature and a variety of lot sizes, as follows:
• 9 RS-1(b) (One Family Urban (Medium Density) Residential) lots with minimum lot sizes of
690 m2,
• 29 R-1(Residential District) lots with minimum lot sizes of 430 m2,
• 74 R-1(Residential District) lots with minimum lot sizes of 371 m2.
The homes will be inward facing as the perimeter of the subject property will be buffered by a
minimum 4.0 meter wide dedicated landscape strip and a minimum 11 metre wide landscaped
buffer which will be protected by restrictive covenant. A storm water detention pond which is
intended to service the residential lots on the upper portion of the property will be permanently
located on the Lower Jackson Farm portion. The Lower Jackson Farm portion is intended to be in
public ownership as a park as part of this proposal but there are currently no formal plans in place
for the development of the site as a park.
c) Planning Analysis:
As mentioned previously, the scope of amendments required to facilitate this development were
presented to Council in a report dated April 1, 2009. The following is meant as a synopsis of those
comments.
Official Community Plan:
Official Community Plan: The property known as the Upper Jackson Farm is currently designated as
Urban Reserve while the Lower Jackson Farm is designated as Agriculture. In order to rezone the
Upper Jackson Farm property for urban development, an amendment to the Official Community Plan
is required, as the Official Community Plan outlines a series of reports that are required before
development of the Urban Reserve would proceed. At this time, the Lower Jackson Farm property is
not the subject of an Official Community Plan amendment but an amendment to designate the
property as park will be required if the application proceeds.
The applicant has provided consultant's reports including an arborist's report, a traffic overview, a
geotechnical report (assessing a previous 4 lot subdivision), groundwater impact assessment, sewer
4-
capacity report, and correspondence with the Agricultural Land Commission that outlines the
buffering provisions of this proposal.
Neighbourhood compatibility. Policy 3-21 of the Official Community Plan as it applies to this
proposal was presented to Council in the report dated April 1, 2009. The report noted that site
context of agriculture, large lot single family, rural residential, and gravel extraction appeared to
present transitional difficulties that should be reviewed further.
In part, this transition is being addressed by the buffer proposed to surround the subject property
(Upper Jackson Farm) and the fact that the properties are oriented internally, not outwardly on 100th
Avenue or 248th Street. These features, combined with traffic circulation with one access and
egress from Jackson Road, may lessen impacts on the adjacent properties and land uses.
Regional Context Statement: Since the Regional Context Statement has embedded the triggers and
milestones stated in the Urban Reserve section of the Official Community Plan, any urban form of
development proposed on the Upper Jackson parcel will require an amendment to the District's
adopted Regional Context Statement. This is achieved by the approval of the Metro Vancouver
Regional Board. Council is aware that the Regional Growth Strategy is under review and is expected
to be adopted within a year. Once adopted, member municipalities will be required to review and
submit revised Regional Context Statements. This application to the Regional Board may occur in
advance of this process and, as such, it is unclear as to how it will be received by the Metro
Vancouver Board. Council has the option of forwarding this application on its own merits or
including it in the District's revised Regional Context Statement.
Zoning Bylaw:
The proposed zones for the Upper Jackson Farm parcel are R-1 (Residential District) and RS-1b (One
Family Urban (Medium Density) Residential). The land use designation that aligns with these zones
is Urban Residential which is the subject of the amendment as proposed by the applicant.
Development Permits:
The Upper Jackson Farm property (24554 102 Avenue) was recently subdivided into 4 lots in
accordance with its current RS-3 (One Family Rural Residential) zoning. A watercourse protection
development permit was registered with this subdivision (SD/073/08) and will remain pertinent. A
Natural Features Development Permit will also be required to address issues of slope stability.
Development Variance Permits:
The applicant is proposing a number of variances to the Subdivision and Development Services
Bylaw No. 4800-1993 to reduce road widths similar to those found in Silver Valley. This issue will be
explored further and reported to Council in a future report prior to subdivision approval.
-5-
Develo ment Information Me tin
A development information meeting was held on July 14, 2009. Approximately 50 local residents
and interested parties attended and spoke with the applicant and the consultant team for the
project. Appendix E contains a summary of the comments received by the proponents and copies of
the information sheets provided by the public.
d) Citizen/Customer Implications:
Both of the subject properties have figured prominently in the community's recent history. The
Lower Jackson farm property has been considered by some members of the community as
appropriate for parks acquisition. It has been the subject of much public debate and review by both
local and regional government but remains in private ownership.
The Upper Jackson Farm property (24554 102 Avenue) is part of the Thornhill Urban Reserve and
was the subject of considerable community discussion during the Public Hearing for the Official
Community Plan, which was adopted on November 14, 2006. This application, which advances the
urban development on this specific property, may raise concerns among some members of the
community. It must, however, be understood that the policies for future development in the balance
of the Thornhill Urban Reserve area will continue to apply, and only due to the unique circumstances
of this proposal, are being set aside in this instance.
e) Interdepartmental Implications:
En ineerin De artment:
The Engineering Department has reviewed the development proposal and note that, at the rezoning
stage, sanitary sewer and water services as well as sidewalks and street lighting must be extended
to the site. The sanitary sewer system must be evaluated and if capacity improvements are
necessary, this improvement must be included in the rezoning development agreement.
Recognizing that this site is proposed to be zoned for urban development, adjacent streets must
also be improved to an urban standard. The rezoning development agreement will provide details
and required security to achieve these improvements.
Portions of the adjacent property have slopes ranging from 50% to 80%. Prior to final consideration
of the zone amending bylaw, a detailed geotechnical report is recommended. The report should
confirm that any geotechnical issues are addressed.
It is anticipated that the internal road and right-of-way design, storm water discharge from the site,
and the intersection design at 100 Avenue and Jackson Road will be investigated further at the
subdivision stage.
IVE
Parks & Leisure Services Department:
The District's Parks and Leisure Services department has noted that the Parks, Recreation and
Culture Master Plan is currently under review and is expected to be completed by the fall of 2009.
To date, much of the consultation is completed and the goal of the community has been to maintain
the active parkland standard the District currently has. This goal is also consistent with recent
surveys where citizens have consistently identified that parks and open space is one of the most
valued assets in the District.
While there have been many suggestions as to potential uses of the property as a park, a formal
park planning process would need to proceed to determine the appropriate recreational uses for the
site.
Fire De artment:
The Fire Department has requested that standard road widths be provided to facilitate the
necessary movement of emergency vehicles.
Building De rtment:
The Building Department noted that the Zoning Bylaw criteria for a minimum 7.5 metre separation
between driveway and road intersections has not been met with this proposal. Prior to subdivision
occurring, a comprehensive lot grading plan will be required showing the locations of required
retaining walls. This information will determine the number of lots that can be created. There is
potential that the number of lots currently being proposed may not be achievable.
f) Intergovernmental Issues:
Advancing urban development on the Upper Jackson Farm property will require both an amendment
to the District's Regional Context Statement as well as an amendment to the Fraser Sewer Area to
include this site. Approvals from the Metro Vancouver Board are required for the first amendment
and from the Greater Vancouver Sewerage and Drainage District Board for the second. Both must
be forwarded from the District of Maple Ridge.
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, from Urban Reserve to Urban
Residential, was referred to School District No. 42 for comment and will be forwarded to the
Kwantlen First Nation for comment prior to Public Hearing. 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, and agencies of the Federal and
Provincial Governments.
orm
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.
g) Environmental Implications:
A watercourse protection development permit was registered on the Upper Jackson Farm site which
will remain valid with this application. The existence of slopes greater than 15 % on the site will
trigger the need for a Natural Features Development Permit.
CONCLUSION:
Council directed that this application for development in the Thornhill Urban Reserve be advanced in
exchange for the acquisition of the Lower Jackson farm property for park purposes. This proposal, if
successful, will introduce urban uses into the Urban Reserve as a separate consideration from other
properties with the same designation. In return, the applicant is proposing to place the Lower
Jackson Farm property in public ownership. As noted in the report, additional information will be
required to complete the application. The implications and requirements for this proposal were
outlined in a report reviewed by Council on April 14, 2009.
Prepared by: Dian all
Planner
�pprove Y. ne P' CID, MCIP
Director of Planning
Approved'by: Frank Quinn, MBA, P.Eng
GM: Public Works & Development Services
Concurren e: J. L. (J e
W Chief Administrative Officer
The following appendices are attached hereto:
Appendix A - Subject Map
Appendix B - OCP Amending Bylaw 6674- 2009
Appendix C - Zone Amending Bylaw 6675- 2009
Appendix D - Site Plan
Appendix E - Minutes from Applicant's July 14th 2009 Public Information Meeting
-8-
,APPENDIX B
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6674-2009.
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 Schedule "A" to 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 Ridge Official Community Plan Amending
Bylaw No. 6674-2009."
2. Those parcels or tracts of land and premises known and described as:
Lot 1, Section 3, Township 12, Plan BCP 41515 and
Lot 2, Section 3, Township 12, Plan BCP 41515 and
Lot 3, Section 3, Township 12, Plan BCP 41515 and
Lot 4, Section 3, Township 12, Plan BCP 41515 and
Park, Section 3, Township 12, Plan BCP 33649
and outlined in heavy black line on Map No. 777, a copy of which is attached hereto and
forms part of this bylaw, is hereby redesignated to Urban Residential, Conservation and Park.
3. Schedule "C" is hereby amended for that parcel or tract of land and premises known and
described as:
Park, Section 3, Township 12, Plan BCP 33649
and outlined in heavy black line on Map No. 778, a copy of which is attached hereto and
forms part of this Bylaw, is hereby amended by adding Conservation.
4. Maple Ridge Official Community Plan Bylaw No.6425-2006 as amended is hereby amended
accordingly.
READ A FIRST TIME the day of , A.D. 2009.
PUBLIC HEARING HELD the
READ A SECOND TIME the
day of , A.D. 2009.
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
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PURPOSE: TO ADD TO CONSERVATION
44
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APPENDIX C
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6675-2009
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. 6675-2009."
2. That parcel of land and premises known and described as:
Lot 1, Section 3, Township 12, Plan BCP 41515 and
Lot 2, Section 3, Township 12, Plan BCP 41515 and
Lot 3, Section 3, Township 12, Plan BCP 41515 and
Lot 4, Section 3, Township 12, Plan BCP 41515
and outlined in heavy black line on Map No.1456 a copy of which is attached hereto
and forms part of this Bylaw, is hereby rezoned to R-1(Residential District), RS-1b
(One Family Urban (Medium Density) Residential) and P-1(Park and School).
3. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached
thereto are hereby amended accordingly.
READ a first time the day of , A.D. 2009.
PUBLIC HEARING held the day of , A.D. 2009.
READ a second time the day of , A.D. 200.
READ a third time the day of , A.D. 200.
APPROVED by the Minister of Transportation this day of , A.D. 200.
RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 200.
PRESIDING MEMBER CORPORATE OFFICER
9'I////�J�Y/WrmF",
MAPLE RIDGE
British COI,;JT.bia
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DISTRICT OF MAPLE RIDGE
Deep Roots
Greater Heights
TO: His Worship Mayor Ernie Daykin DATE:
and Members of Council FILE NO:
FROM: Chief Administrative Officer ATTN:
SUBJECT: Rezoning - Second Extension
11774 and 11756 236 ST
EXECUTIVE SUMMARY:
September 02, 2010
RZ/096/06
C of W
Council granted a one year extension to the above noted application on September 30, 2009. The
applicant has now applied for a final one year extension under Maple Ridge Development
Procedures Bylaw No. 5879-1999. This application is to permit the development of approximately
11 single family lots under the R-3 (Special Amenity Residential District) and R-1 (Residential
District) zones, and 1 duplex lot under the RT-1 (Two Family Urban Residential) zone.
RECOMMENDATION:
That a final one year extension be granted for rezoning application RZ/096/06 and that the
following conditions be addressed prior to consideration of final reading:
a. Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and
receipt of the deposit of security as outlined in the Agreement;
b. Amendment to Schedule "B" & "C" of the Official Community Plan;
C. Registration of a geotechnical report as a Restrictive Covenant which addresses the
suitability of the site for the proposed development;
d. Road dedication as required;
e. Removal of the existing buildings;
f. A Restrictive Covenant for the duplex design must be registered at the Land Title
Office;
g. Park dedication as required.
DISCUSSION:
a) Background Context:
Applicant: WAYNE BISSKY
Owner: HOWARD M KOSAKA
JODY A JOHNSON
Legal Description: Lots 55 and 56, Section 16, Township 12, NWD Plan:
26073
OCP:
Existing: Urban Residential and Conservation
Proposed: Urban Residential and Conservation
Zoning:
Existing:
RS-3 (One Family Rural Residential)
Proposed:
R-3 (Special Amenity Residential District), R-1
(Residential District), and RT-1 (Two Family Urban
Residential
Surrounding Uses:
North:
Use:
Single Family Residential
Zone:
RS-1b (One Family Urban (Medium Density)
Residential)
Designation
Urban Residential and Conservation
South:
Use:
Currently: Single Family Residential;
Proposed: Single Family Residential and Park
Zone:
Currently: RS-3 (One Family Rural Residential);
Proposed: R-3 (Special Amenity Residential
District) and RS-1d (One Family Urban (Half Acre)
Residential
Designation:
Urban Residential and Conservation
East:
Use:
Single Family Residential
Zone:
CD-1-93 and RS-1b (One Family Urban (Medium
Density) Residential)
Designation:
Urban Residential and Conservation
West:
Use:
Townhouses
Zone:
RM-1 (Townhouse Residential)
Designation:
Urban Residential
Existing Use of Property:
Single Family Residential
Proposed Use of Property:
Single Family Residential and Two Family Residential
Site Area:
1.294 HA (3.19 acres)
Access:
236 Street and 118 Avenue
Servicing:
Full Urban
Companion Applications:
SD/096/06
This application is to permit the development of approximately 11 single family lots under the R-3
(Special Amenity Residential District) and R-1 (Residential District) zones, and 1 duplex lot under the
RT-1 (Two Family Urban Residential) zone.
A requirement of the development process is approval of an Intensive Residential Development
Permit to ensure the form and character of the R-3 (Special Amenity Residential District) zoned
buildings at the Building Permit stage.
0
The following dates outline Council's consideration of the application and Bylaw/s 6601-2008 and
6600-2008:
- The First Reading report (see attached) was considered on August 26, 2008;
- First Reading was granted August 26, 2008;
- Public Hearing was held September 16, 2008;
- Second and Third reading was granted on September 30, 2008;
- First extension was granted September 30, 2009.
Application Progress:
The project has been delayed due to financial difficulties associated with the economic slowdown.
The applicant has completed most of the terms and conditions to be met prior to final reading of the
Zone Amending Bylaw.
Alternatives:
Council may choose one of the following alternatives:
1. grant the request for extension;
2. deny the request for extension; or
3. repeal third reading of the bylaw and refer the bylaw to Public Hearing.
CKO IK4I IOUP
The applicant has been actively pursuing the completion of this rezoning application and has applied
for a one year extension. It is anticipated that within the next few months final consideration will be
applied for.
Prepared by: Ann Edw ds, CPT
Senior Pla ni Technician
Appr ved by:.
Dir tvr lanni
Approved byl Frank Quinn
CP, M.C.I.P
rks development Services
Concurrence: L. (Jim) Rule
Chief Administrative Officer
AE/
The following appendices are attached hereto:
Appendix A - First Reading Report
-3-
Arfend;')r i
DISTRICT OF MAPLE RIDGE
Veep Roots
Greater Heights
TO: His Worship Mayor Gordon Robson DATE: August 5, 2008
and Members of Council FILE NO: RZ/096/06
FROM: Chief Administrative Officer ATTN: C of W
SUBJECT: First Reading
Maple Ridge Official Community Plan Amending Bylaw No. 6600-2008 and
Maple Ridge Zone Amending Bylaw No. 6601-2008
11774 and 11756 236 Street
EXECUTIVE SUMMARY:
An application has been received to amend the Official Community Plan to increase the designated
Conservation area and to rezone the subject property from RS-3 (One Family Rural Residential) to
R-3 (Special Amenity Residential District), R-1 (Residential District), and RT-1 (Two Family Urban
Residential). This application is to support a 12 lot subdivision.
RECOMMENDATIONS:
1. That Maple Ridge Official Community Plan Amending Bylaw No. 6600-2008 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 by way of posting Official Community Plan Amending
Bylaw No. 6600-2008 on the municipal website, 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. 6600-2008 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. 6600-
2008 is consistent with the Capital Expenditure Plan and Waste Management Plan;
5. That Zone Amending Bylaw No. 6601-2008 be given first reading and be forwarded to
Public Hearing; and
6. That the following terms and conditions be met prior to final reading.
a. Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and
receipt of the deposit of security as outlined in the Agreement;
b. Amendment to Schedule "B" & "C" of the Official Community Plan;
C. Registration of a geotechnical report as a Restrictive Covenant which addresses the
suitability of the site for the proposed development;
d. Road dedication as required;
e. Removal of the existing buildings;
f. A Restrictive Covenant for the duplex design must be registered at the Land Title
Office;
g. Park dedication as required.
DISCUSSION:
a) Background Context:
Applicant: Wayne Bissky
Owner: Howard M Kosaka
Legal Description: Lot: 55, Section: 16, Township: 12, Plan: 26073 and
Lot: 56, Section: 16, Township: 12, Plan: 26073
A
Existing:
Urban Residential and Conservation
Proposed:
Urban Residential and Conservation
Zoning:
Existing:
RS-3 (One Family Rural Residential)
Proposed:
R-3 (Special Amenity Residential District), R-1
(Residential District), and RT-1 (Two Family Urban
Residential
Surrounding Uses
North:
Use:
Single Family Residential
Zone:
RS-1b (One Family Urban (Medium Density)
Residential)
Designation
Urban Residential and Conservation
South:
Use:
Currently: Single Family Residential;
Proposed: Single Family Residential and Park
Zone:
Currently: RS-3 (One Family Rural Residential);
Proposed: R-3 (Special Amenity Residential
District)
Designation:
Urban Residential and Conservation
East:
Use:
Single Family Residential
Zone:
CD-1-93 and RS-1b (One Family Urban (Medium
Density) Residential)
Designation:
Urban Residential and Conservation
West:
Use:
Townhouses
Zone:
RM-1(Townhouse Residential)
Designation:
Urban Residential
-2-
Existing Use of Property:
Single Family Residential
Proposed Use of Property:
Single Family Residential and Two Family Residential
Site Area:
1.294 HA (3.19 acres)
Access:
236 Street and 118 Avenue
Servicing:
Full Urban
Companion Applications:
SD/096/06
b) Project Description:
Application RZ/096/06 proposes to amend the Official Community Plan and proposes to rezone the
property located at 11774 and 11756 236 ST. The Official Community Plan amendment will
increase the designated conservation area to protect Cottonwood Creek. The rezoning will rezone
the subject property from RS-3 (One Family Rural Residential) to R-3 (Special Amenity Residential
District,
R-1 (Residential District), and RT-1 (Two Family Urban Residential). This. application is to support a
12 lot subdivision. The proposed size of each lot is not less than 2990 mZ (0.738 acres)
Road dedication will be provided along 236 Street. A large portion of the middle of the subject
property will be dedicated as park for geotechnical reasons and for the protection of Cottonwood
Creek. The applicant has submitted a geotechnical report, which states that "the land is safe for
geotechnical support of the proposed building foundations and backyards..."
c) Planning Analysis:
Official Community Plan:
The subject property is designated Urban Residential and 236 Street and 118 Avenue are identified
as major corridor. According to the zoning matrix, this designation supports the R-3 (Special Amenity
Residential District, R-1(Residential District), and RT-1 (Two Family Urban Residential) zones.
3-20 Major Corridor Residential Infill developments must be designed to be compatible with
the surrounding neighbourhood and will be evaluated against the following criteria:
(a) building forms such as single detached dwellings, duplexes, triplexes, fourplexes,
townhouses, apartments, and small lot intensive residential development subject to
Policy 3-21
(b) maximum building height of two and one-half storeys with an emphasis on ground
oriented units for all developments except for apartments.
The proposed R-3 (Special Amenity Residential District) zone has a maximum height of
9.75 metres and 2 storey in height. The proposed R-1 (Residential District) zone has a
maximum height of 9.5 metres. The proposed RT-1 (Two Family Urban Residential) zone
has a maximum height of 9,35 metres for a Two Family Residential Use. Those
properties zoned R-3 (Special Amenity District) will also be subject to an Intensive
Residential Development Permit to ensure a vibrant street presence.
-3-
(c) a maximum height of four storeys for apartments
This is not applicable as the proposal is for single family lots.
(d) adherence to Development Permit Guidelines for multi -family and intensive residential
development as outlined in Chapter 8 of the Official Community Plan.
The proposed R-3 (Special Amenity Residential District) lots fronting 236 Street will
require an Intensive Residential Development and should comply with the applicable
Guidelines.
3-21 All Neighbourhood and Major Corridor Residential infill development will respect and
reinforce the physical patterns and characteristics of established neighbourhoods, with
particular attention to:
(a) the ability of the existing infrastructure to support the new development
The proposed lots will be serviced by municipal services.
(b) the compatibility of the site design, setbacks and lot configuration with the existing
pattern of development in the area.
The proposal is consistent with the pattern of development in the surrounding area. The
proposed R-1 (Residential District) and RT-1 (Two Family Urban Residential) lots front
118 Avenue, which face the larger single family lots to the north. The proposed higher
density R-3 (Special Amenity Residential District) lots front 236 Street and face
townhouses.
(c) the compatibility between building massing and the type of dwelling units in the
proposed development and the surrounding residential properties.
The single family residential and two family residential lots in the proposed subdivision
are compatible with the surrounding single family residential and multi -family residential
lots in the surrounding area.
(d) the location, orientation, and visual impact of vehicle access/egress in relation to:
i. adjacent developments
ii. the street
iii. the pedestrian environment
The applicant will be required to plant street trees and as part of the Intensive
Residential Development Permit the applicant will provide a conceptual landscaping plan
for the proposed lots fronting. 236 Street, which will help to minimize the impact of
vehicle access/egress.
4-
(e) Minimizing adverse parking and traffic impacts on the existing neighbourhood
Each proposed lot will be required to provide two off-street parking spaces.
(f) A gradual transition of scale and density through the design of building mass and form,
such as:
i. Reduction in building heights at the edges of a development,
ii. Location of lower density components towards the perimeters of a site; and
iii. Concentration of density to the centre of a development or towards a non-residential
boundary
The proposed subdivision is consistent with the density in the surrounding
neighbourhood and the proposal has a smaller scale than the existing townhouses to the
west.
(g) retention and preservation of significant trees, other natural vegetation, and
environmental features.
The centre portion of the subject property will be dedicated as park to protect the ravine
and Cottonwood Creek.
(h) maintaining adequate light, view and privacy for residents on adjacent properties or in
adjacent neighbourhoods;
The proposed subdivision is for single family dwellings and duplex; therefore, there
should be minimal impacts on light, view, and privacy.
(i) Conservation of special landscapes such as gardens, or built -form features, including
heritage buildings, that contribute to the unique character of the neighbourhood.
This is not applicable as there are no special landscapes or built -form features.
Zoning Bylaw:
The proposed 12 lot subdivision layout is compatible with the surrounding area and complies with
the minimum lot width, lot depth, and lot area requirements of the proposed R-3 (Special Amenity
Residential Distrcit, R-1(Residential District), and RT-1(Two Family Urban Residential).
Development Permits:
The proposed lots fronting 236 Street are proposed to be zoned R-3 (Special Amenity Residential
District); therefore, these lots will be subject to an Intensive Residential Development Permit. The
purpose of the Intensive Residential Development Permit is to provide a greater emphasis on high
standards in aesthetics and quality of the building environment while protection important qualities
of the natural environment.
WE
Cottonwood Creek runs through the centre of the property; therefore, the property is subject to a
Watercourse Protection Development Permit. Dedication of the centre portion of the subject
property will be required to protect this watercourse.
d) Interdepartmental Implications:
Engineering Department:
The Engineering Department has reviewed the application and has provided the following
comments:
1. Remove existing curb letdown and reconstruct curb on south side of 118 Avenue, 55
metres west of 236B Street,
2. Concrete sidewalk and boulevard construction is required along the south side of 118
Avenue, from 60 metres east of 236 Street to the crosswalk at the west side of 236E
Street.
3. There is a need for 1.9 metres of road dedication along the 236 Street front plus a 3
metre by 3 metre corner truncation at the intersection.
4. At the subdivision stage a Development Variance Permit will be required to retain the
existing aboveground utility company plant along the east side of 236 Street fronting
the site.
5. To provide access and service connections to the proposed Lot 12 at the subdivision
stage it will be necessary to remove part of an existing retaining wall and to construct a
new wall that will support the 118 Avenue road and the lot driveway.
6. The sanitary sewer and storm sewer connections for the duplex on Lot 12 exists on
118 Avenue. The storm sewer is shallower than the sanitary sewer so this will
increase the elevation of the building footing.
e) School District Comments:
A referral has been sent to the School District for comments. Any comments will be provided prior to
the Public Hearing.
f) Intergovernmental Issues:
Local Government Act:
An amendment to the Official Community Plan requires the local government to consult with any
affected parties and to adopt related bylaws in compliance with the procedures outlined in Section
882 of the Act. The amendment required for this application, to increase the Conservation boundary
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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.
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.
g) Environmental Implications:
There is a large ravine that runs through the middle of the property and Cottonwood Creek runs
through this portion of land. Therefore, to protect these areas, the applicant will be required to
dedicate this portion of land to the District.
CONCLUSION:
The proposed R-3 (Special Amenity Residential District), R-1 (Residential District), and RT-1 (Two
Family Urban Residential) zones conforms to the land use designation in the Official Community
Plan. It is therefore recommended that application RZ/096/06 be favourably considered and that
Maple Ridge Official Community Plan Amending Bylaw No. 6600-2008 (Appendix B) and Maple
Ridge Zone Amending Bylaw No. 6601-2008 (Appendix C) be read a first time and be forwarded to
Public Hearing.
Preps by: 'Adi Leung
Planting Technician
.A0proved-6y: '\e Pick i I P, MCI
or of Planning
Approved by� Frank Quinn, MBAaP.En,,,--
GM: Pu�c Worksevelo ment Services
ConcurrenceV
J. L. (Jim) Rule
Chief Administrative Officer
The following appendices are attached hereto:
Appendix A - Subject Map
Appendix B - OCP Amending Bylaw 6600-2008
Appendix C - Zone Amending Bylaw 6601-2008
Appendix D - Proposed Subdivision Layout
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SCALE 1:2,500
r DATE: Oct 6, 2006 FILE: RZ/096/06 BY: PC
Append ;x 6
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6600-2008
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 Schedules "B" & "C" to 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 Ridge Official Community Plan Amending
Bylaw No. 6600-2008
2. Schedule "B" is hereby amended for those parcels or tracts of land and premises known and
described as:
Lot 55 Section 16 Township 12 Plan 26073 New Westminster District
And Lot 56 Section 16 Township 12 Plan 26073 New Westminster District
And outlined in heavy black line are hereby amended as shown on Map No. 761, a
copy of which is attached hereto and forms part of this bylaw
3. Schedule "C" is hereby amended for that parcel or tract of land and premises known and
described as:
Lot 55 Section 16 Township 12 Plan 26073 New Westminster District
And Lot 56 Section 16 Township 12 Plan 26073 New Westminster District
and outlined in heavy black, are hereby amended by adding and removing Conservation as
shown on Map No. 762 a copy of which is attached hereto and forms part of this bylaw
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
READ A SECOND TIME the
day of , A.D. 200.
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
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MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING
Bylaw No. 6600-2008
Map No. 761
From: Conservation and Residential
To: Residential and Conservation(shown hatched)
MAPLE
1:2500
MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING
Bylaw No. 6600-2008
Map No. 762
PURPOSE: TO
[] TO
ADD TO CONSERVATION ON SCHEDULE C
REMOVE FROM CONSERVATION ON SCHEDULE C
1 :2500
4pp 64d;,� 6
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO.6601-2008
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. 6601-2008."
2. Those parcels or tracts of land and premises known and described as:
Lot 55 Section 16 Township 12 Plan 26073 New Westminster District
And Lot 56 Section 16 Township 12 Plan 26073 New Westminster District
and outlined in heavy black line are hereby rezoned as shown on Map No. 1434 a
copy of which is attached hereto and forms part of this bylaw
3. Maple Ridge Zoning Bylaw No. 3510 -1985 as amended and Map "A" attached
thereto are hereby amended accordingly.
READ a first time the day of , A.D. 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
MAHLL RIDGE ZONE AMENDING
Bylaw No. 6601 —2008
Map No. 1434
From: RS-3(One Family Rural
R-1 (Residential District)
To:
Residential)
® RT-1 (Two Family Urban Residential)
R-3(Special Amenity Residential District)
1:2500
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GE
yMAPLE RID District of Maple Ridge
Deep Roots
Greater Heights
TO: His Worship Mayor Ernie Daykin DATE: September 3, 2010
and Members of Council FILE NO: E02-036-007
FROM: Chief Administrative Officer ATTN: C of W
SUBJECT: TransLink MRN Minor Capital Program Agreement 0911-1101
EXECUTIVE SUMMARY:
As a TransLink member, the District is eligible for funding for capital improvements to the Major
Road Network (MRN) under the Minor Capital Program. These funds are based on a cost share basis
for applicable components, and where they are defined, the contributions are included in the
District's Financial Plan.
As part of the 2009 Business Planning process, Council approved the project to upgrade the
intersection of 216 Street at 128 Avenue by installing a new traffic signal and constructing minor
road alignment improvements.
As the project lies within the MRN, TransLink has reviewed the staff application and approved cost -
sharing of the project. The 2010 Business Plan identifies and includes TransLink's share of the
project funding.
Construction is underway and is expected to be completed in early October.
To formalize the transfer of funds, agreements between the District and TransLink are required.
Attached for Council's authorization to execute is the cost -share agreement.
RECOMMENDATIONS:
THAT the Corporate Officer be authorized to sign and execute MRN Minor Capital Program
Agreement No. 0911-1101, as attached to the staff report dated September 3, 2010.
DISCUSSION:
a) Background Context:
The Capital Works Program includes the installation of a new traffic signal and road alignment
improvements at the intersection at 216 Street and 128 Avenue. The budget for this project
included TransLink funding which was approved by Council in 2009 during the Business
Planning process. The identified TransLink contribution towards the project is up to
$286,700.00.
1104
b) Intergovernmental Relations/Partnerships:
Council has directed that the District develop and maintain strong positive working relationships
with TransLink and other governmental agencies. This agreement is consistent with Council's
direction and reinforces the relationship with TransLink.
c) Citizen/Customer Implications:
The installation of a traffic signal and road alignment improvements will improve road safety for
all users.
d) Interdepartmental Implications:
The Engineering, Finance and Operations Department collaborate in the administration of
TransLink agreements.
e) Financial Implications:
The current Financial Plan includes TransLink funding and the agreement will formalize the
transfer of the funds.
f) Policy Implications:
The recommendation is in accordance with the approved Business Plan and Council budget and
the District's membership in TransLink.
CONCLUSION:
The project was approved by Council as part of the annual business planning process and the design
has commenced. TransLink has prepared the funding agreement and execution of the agreement
would allow staff to arrange for the transfer of funds from TransLink. Council approval to execute the
agreement is recommended.
Prepared by: - An
06w Wood, PhD., PEng.
r61pal Fniinee
Financial re �hompson, CGA
Concurrence: Manager of Financial Planning
Approved by Frank Quinn, MBA, PEng.
General Manag . P blic Works and Development Services
/l
Concurrence J.L. (Jim) Rule
Chief Administrative Officer
AW/mi
2009 MRN Minor Capital Program
Agreement No. 0911-1101
2009 MRN Minor Capital Program
AGREEMENT
Agreement No. 0911-1101
THIS AGREEMENT made the day of , 20
BETWEEN:
AND:
South Coast British Columbia Transportation Authority, having an office at
1600 - 4720 Kingsway, Burnaby, BC, V5H 4N2
("TransLink")
OF THE FIRST PART
The District of Maple Ridge having an office at 11995 Haney Place, Maple Ridge, BC
V2X 6A9
(the "Municipality")
The parties hereby agree as follows:
1.0 Definitions
OF THE SECOND PART
1.1 In this Agreement, the following terms will have the following meanings:
"Eligible Costs" will mean direct capital costs, properly and reasonably incurred and paid
solely and specifically in relation to the Project, as described in the Major Road Network
(MRN) Minor Capital Program Description and Guidelines issued by TransLink, as
amended from time to time. Such costs would usually be capitalised in the financial
records of the Municipality;
"Project" will mean intersection improvements at 216 Street and 128 Avenue, as
described in Schedule "A";
"Work" will mean everything to be provided and performed by the Municipality in
relation to the Project.
2.0 SCBCTA Act
2.1 The Municipality acknowledges that TransLink may, by bylaw, establish standards for all
or any part of the major road network, including the Project (once added to the MRN, if
South Coast British Columbia Transportation Authority Page 1 of 9
2009 MRN Minor Capital Program
Agreement No. 0911-1101
not currently part of the network), in accordance with the South Coast British Columbia
Transportation Authority Act (the "Act").
3.0 Project
3.1 The Municipality represents and warrants that:
3.1.1 it has the capacity and authority to enter into this Agreement;
3.1.2 this Agreement is valid and binding on the Municipality;
3.1.3 it has the skills and experience necessary to cam, out the Project: and
3.1.4 it has developed and approved the Project requirements and budget set out in
Schedule "A" in a professional, competent and diligent manner.
3.2 The Municipality will undertake and complete the Project, at its expense:
3.2.1 in accordance with the requirements set out in Schedule "A" for the Project;
3.2.2 by December 31, 2010 or such later date as requested by the Municipality and
agreed to in writing by TransLink;
3.2.3 in a professional, competent, timely and diligent manner, in accordance with
acceptable industry standards; and
3.2.4 in compliance with all applicable laws, statutes, regulations, by-laws, and
directions of all governmental and statutory authorities issued under lawful
authority.
3.3 The Project will be considered complete when:
3.3.1 the Work is ready for use, or is being used, for its intended purpose; and
3.3.2 the total value of all incomplete, defective and deficient Work does not exceed
3% of the maximum Project budget set out in Schedule "A".
3.4 Any requests from the Municipality for a material change in the Project scope of work, or
an increase in the maximum Project budget, or an extension to the deadline for
completion stipulated in s. 3.2.2, must be submitted in writing to TransLink's Manager,
Roads and Bridges. No changes in the scope of work, maximum Project budget, or
deadline for completion will be effective unless and until approved in writing by
TransLink, in its sole and absolute discretion.
3.5 The Municipality confirms that:
3.5.1 the Municipality has developed and approved the Project requirements and budget
set out in Schedule "A";
South Coast British Columbia Transportation Authority Page 2 of 9
2009 MRN Minor Capital Program
Agreement No. 0911-1101
3.5.2 the Municipality will be responsible for completing the Project in accordance with
this Agreement;
3.5.3 notwithstanding anything contained in this Agreement. TransLink will not be
responsible in any way for:
3.5.3.1 any deficiency or defect in the Project design, specifications,
requirements or budget;
3.5.3.2 any deficiency or defect in the Work or completion of the Project; or
3.5.3.3 any costs of completing the Project in excess of the Project budget set
out in Schedule "A".
3.5.4 TransLink will have the right to advertise or promote its participation in the
Project. TransLink's participation in the Project may be advertised or promoted
in any media format including, and without limiting the generality of the
foregoing: signs at the Project; print, radio and television advertisements; and,
electronic advertising on the World Wide Web. The Municipality retains the right
to approve of the location of signs at the Project and the content of advertisements
or promotions, such approval not to be unreasonably withheld.
3.5.5 The Municipality will contact TransLink's Roads and Bridges department staff
when preparing press releases, preparing for the release of any public information,
or organizing public events, to ensure that TransLink has an opportunity to
provide input prior to the release of information. The Municipality will, in all its
publications, news releases, public communications and presentations regarding
the Project, acknowledge TransLink's role in funding the Project. The
Municipality will provide TransLink Roads and Bridges staff with milestone
information that may be used to promote the Project and the MRN Minor Capital
Program. The Municipality will provide TransLink, through Roads and Bridges
department staff, with at least 14 days' notice of any proposed public
announcement or ceremony related to the Project.
4.0 TransLink Contribution.
4.1 For the Project, TransLink will reimburse the Municipality, for actual Eligible Costs
incurred in connection with the Project, up to the lesser of (a) $286,700.00 (b) 50% of
[actual Eligible Costs less contributions from provincial and federal governments or
agencies], within 30 days after completion of the Project (as defined in s. 3.3) and receipt
of the following:
4.1.1 a written certificate, executed by the Municipality's City Engineer (or equivalent)
that the Project has been completed in accordance with s. 3, and meets or exceeds
engineering specifications and standards set out in Schedule "A", if any, and those
engineering specifications and standards established by the Municipality for the
Project or for similar projects; and
South Coast British Columbia Transportation Authority Page 3 of 9
2009 MRN Minor Capital Program
Agreement No. 0911-1101
4.1.2 a Project cost statement, certified by the Municipality's Chief Financial Officer
(or equivalent), which must include the total amount of Eligible Costs, the total
amount of provincial and federal contributions to the Project (if any), and the
following statement:
"I certify that the Eligible Costs as stated have been incurred by the Municipality,
are attributable to this Project, are correct, and are net of the Municipal GV
rebate. "
4.2 The Project budget specified in Schedule "A" will be inclusive of all applicable taxes.
4.3 All Eligible Costs submitted to TransLink for reimbursement under s. 4.1 must be
substantiated by supporting documentation. Any undocumented costs will not be
reimbursed by TransLink.
5.0 Records and Audit
5.1 The Municipality will maintain accurate and complete records in relation to all Project
costs, including, without limitation, supporting documentation of all Eligible Costs and
other expenditures related to the Project, from the date of this Agreement until two years
after the Municipality receives payment of TransLink's contribution to the Project.
5.2 TransLink will have the right to enter upon the Municipality's premises for the purpose
of auditing Project costs at any time during normal business hours. Without limiting the
generality of the foregoing, TransLink will have the right to inspect and copy any records
relating to Project costs, including any supporting documentation.
6.0 Indemnity and Release
6.1 The Municipality will indemnify and save harmless TransLink, its subsidiaries, and their
directors, officers, employees and agents, (collectively the "Indemnified Parties") from
and against any and all losses, claims, complaints (including, without limitation,
complaints pursuant to human rights legislation), damages, actions, causes of action,
fines, penalties, costs and expenses (including, without limitation, actual legal fees and
disbursements) the Indemnified Parties may sustain, incur, suffer or be put to any time,
either before or after the expiration or termination of this Agreement, arising out of, or in
connection with the Project or the Work, including, without limitation:
6.1.1 any breach of this Agreement or anything done or omitted to be done, whether
negligently or otherwise, by the Municipality or any councillor, officer, employee,
agent, contractor or subcontractor of the Municipality pursuant to this Agreement;
6.1.2 the design, engineering, construction, operation, maintenance or rehabilitation of
the Project or the Work, whether negligent or otherwise; or
6.1.3 any contravention or alleged contravention of applicable laws, statutes,
regulations, by-laws, or directions of governmental or statutory authorities issued
South Coast British Columbia Transportation Authority Page 4 of 9
2009 MRN Minor Capital Program Agreement No. 0911-1101
under lawful authority, including, without limitation, those related to the
environment, environmental protection and contaminated sites;
6.1.4 the use and occupation of the Project lands, whether negligent or otherwise; or
6.1.5 any review, inspection, audit, approval, acceptance or payment by TransLink in
relation to the design, engineering, construction, operation, maintenance or
rehabilitation of the Project or the Work;
whether or not such losses, claims complaints, damages, actions, causes of action, fines,
penalties, costs or expenses relate to the acts or omissions, whether negligent or
otherwise, of the Indemnified Parties.
6.2 In addition to the foregoing, and notwithstanding any other term or provision herein
contained, the Municipality, for and on behalf of itself, its councillors, officers,
employees, agents, contractors and subcontractors, hereby unconditionally, absolutely
and irrevocably releases and forever discharges the Indemnified Parties from any and all
losses, liabilities or damages, at law or in equity and whether direct, indirect or
consequential, which relate to, arise out of, or are in any way connected with the design,
engineering, construction, operation, maintenance or rehabilitation of the Project or the
Work, whether caused by, or arising through the negligence of the Indemnified Parties.
6.3 The Municipality acknowledges that the indemnity under s. 6.1 and the release under
s. 6.2 will not be affected in any way by the provisions of s. 2.
7.0 Insurance
7.1 The Municipality will, at its own expense, provide and maintain insurance with insurers
licensed in British Columbia with coverage of a type, and in amounts, that any similar
business, acting reasonable, would procure for a project of the scope, size and exposure
of this Project, during the term of this Agreement and for any subsequent ongoing
operation, maintenance and rehabilitation of the resulting infrastructure.
7.2 The Municipality shall require and ensure that each contractor and sub -contractor
involved in the Project maintains insurance comparable to those required in s. 7.1.
8.0 Operation, Maintenance and Rehabilitation
8.1 The parties confirm that, once the Project is completed, the Municipality will, at its cost,
operate, maintain and rehabilitate the Work, for the duration of its design life, in good
condition and in good working order as part of its public works maintenance program.
8.2 The Municipality will ensure that the Work is operated, maintained, and rehabilitated in
compliance with all applicable laws, statutes, regulations, by-laws, and directions of all
governmental and statutory authorities issues under lawful authority, including, without
limitation, any standards established by TransLink for the Work under the Act.
South Coast British Columbia Transportation Authority Page 5 of 9
2009 MRN Minor Capital Program
Agreement No. 0911-1101
9.0 Default and Termination
9.1 If TransLink alleges the Municipality to be in default hereunder and gives written notice
thereof stipulating the default, and if such default continues for more than 30 days after
the delivery of such written notice, and the Municipality has not cured the default or
resolved the allegation, TransLink may elect to terminate this Agreement effective
forthwith on the giving of further notice.
10.0 Dispute Resolution
10.1 Any dispute or controversy occurring between the parties hereto relating to the
interpretation or implementation of any of the provisions of this Agreement will be
resolved by arbitration, conducted by one arbitrator. The parties will agree on the
arbitrator or, failing agreement, the arbitrator will be appointed in accordance with the
rules of the British Columbia International Commercial Arbitration Centre. Any
arbitration will be held in the City of Vancouver and conducted pursuant to the rules of
procedure of the British Columbia International Commercial Arbitration Centre and the
British Columbia Commercial Arbitration Act.
11.0 General
11.1 All notices, demands, claims or other communications required or permitted hereunder
will be in writing and may be delivered prepaid, sent by facsimile or sent by prepaid first
class mail. Any notice delivered will be deemed to have been given or received at the
time of delivery to the address of the recipient as set out below. Any notice delivered by
facsimile will be deemed to be delivered on the next day following the date of
transmission thereof. Any notice mailed as aforesaid will be deemed to have been given
and received on the fourth day following the date of its mailing. Any notice will be
addressed as follows:
To: TransLink
1600 — 4720 Kingsway
Burnaby, BC, V51-1 4N2
Attention: Manager, Roads and Bridges
Facsimile No.: (604) 453-4600
To: District of Maple Ridge
1995 Haney Place
Maple Ridge, BC, V2X 6A9
Attention: Mr. Andrew Wood, PEng
Municipal Engineer
Facsimile No.: (604) 467-7425
South Coast British Columbia Transportation Authority Page 6 of 9
2009 MRN Minor Capital Program
Agreement No. 0911-1101
11.2 This Agreement will be governed by and construed in accordance with the laws of British
Columbia and the laws of Canada. The parties consent to the exclusive jurisdiction of the
courts of the Province of British Columbia.
11.3 If any terms, covenant, or condition contained in this Agreement or the application
thereof to any person or circumstance will to any extent be invalid or unenforceable, the
remainder of this Agreement or the application of that term, covenant, or condition to
persons or circumstances, other than those concerning which it is held invalid or
unenforceable, will not be affected thereby and each term, covenant, and condition of this
Agreement will be separately valid and enforceable to the fullest extent permitted by law.
11.4 Time will be of the essence under this Agreement.
11.5 The provisions contained in this Agreement constitute the entire agreement between the
parties and supersede all previous communications, representations, expectations,
understandings and agreements, whether written or unwritten, between the parties with
respect to the subject matter of this Agreement.
11.6 The Municipality may not assign this Agreement without the prior written consent of
TransLink, such consent not to be unreasonably withheld.
11.7 This Agreement may be executed in counterpart and such counterparts together will
constitute a single instrument. Any party may deliver an executed copy of this
Agreement by facsimile or electronic transmission (including transmission by uploading
to a website (designated in writing by TransLink from time to time) and email
notification (to an email address designated in writing by the receiving party) that
uploading has occurred), which will for all purposes be deemed to be as effective as an
originally executed and delivered copy hereof.
South Coast British Columbia Transportation Authority Page 7 of 9
2009 MRN Minor Capital Program
Agreement No. 0911-1101
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first
above written.
SOUTH COAST BRITISH COLUMBIA TRANSPORTATION AUTHORITY
(Authorized Signatory)
Name. Title (Please print
DISTRICT OF MAPLE RIDGE
(Authorized Signatory)
Name, Title (Please print)
(Authorized Signatory)
Name, Title (Please print)
South Coast British Columbia Transportation Authority Page 8 of 9
2009 MRN Minor Capital Program Agreement No. 0911-1101
Schedule "A"
Municipal Project Application
South Coast British Columbia Transportation Authority Page 9 of 9
Deep Roots
Greater Heights
TO:
I9;kill l
District of Maple Ridge
His Worship Mayor Ernie Daykin
and Members of Council
Chief Administrative Officer
DATE: August 31, 2010
FILE NO:
ATTN: cow
SUBJECT: Maple Ridge Kennel Regulation Bylaw No. 6036-2002 Amendment &
Maple Ridge Zoning Bylaw No. 3510-1985 Text Amendment for Kennel
Regulations
EXECUTIVE SUMMARY:
The District of Maple Ridge Kennel Regulation Bylaw No. 6036-2002 requires updating to amend the
definition of `dog' and to provide more specific interior and exterior pen requirements. Kennel
Bylaws from neighbouring municipalities have been reviewed and drawing from those Bylaws, this
report recommends that Maple Ridge Kennel Regulation Bylaw No. 6036-2002 be amended. The
District of Maple Ridge Zoning Bylaw No. 3510-1985 also requires an amendment to the definition
of "dog" to be consistent with the Kennel Regulation Bylaw.
RECOMMENDATIONS:
That Maple Ridge Kennel Regulation Amending Bylaw No. 6755-2010 be given first, second and
third readings.
That Maple Ridge Zone Amending Bylaw No. 6757-2010 be given first and second reading and be
forwarded to Public Hearing.
DISCUSSION:
Maple Ridge Kennel Regulation Bylaw No. 6036-2002 regulates commercial and hobby kennels. A
review of neighbouring municipal kennel bylaws concluded that the Maple Ridge bylaw should be
updated to:
• amend the definition of "dog by removing the reference to the age
• establish requirements for the keeping of dogs in exterior pens
• establish requirements for the keeping of dogs in interior pens
The accompanying Kennel Regulation Bylaw amendment is intended to address these issues and
align Maple Ridge's process more closely with other Metro Vancouver Municipalities.
Kennel Bylaws of nearby municipalities were reviewed and highlights of these Bylaws are included in
Appendix 1 to this report:
• Abbotsford 0 Langley (Township)
• Burnaby • Pitt Meadows
• Langley (City) • Surrey
Page 1 of 4
1105
Maple Ridge Zoning Bylaw No. 3510-1985 regulates property use and provides numerous specific
definitions, one of which is the definition of "dog". Both the Kennel Regulation Bylaw and the Zoning
Bylaw define "dog" as meaning `an animal of the canine species over the age of 4 months.' These
Bylaws currently permit a commercial kennel operator to keep fifty (50) dogs and an unlimited
number of dogs under the age of 4 months. The proposed text amendments will limit the number of
dogs on one site to a maximum of fifty (50), regardless of the dogs' age.
The proposed Bylaw amendments will restrict owners or occupiers of properties, who repetitively
participate in the unauthorized breeding of dogs and consistently fail to meet the commercial kennel
requirements, to a maximum of 3 dogs per lot regardless of the age of the dogs. Furthermore, there
are specific regulations concerning both interior and exterior pens that are addressed in the
proposed amendments to the Kennel Regulation Bylaw.
PROPOSED AMENDMENTS TO BYLAW:
Based on the above review it is proposed that the Maple Ridge Kennel Regulation Bylaw and the
Maple Ridge Zoning Bylaw be amended.
It is recommended, after discussion with District Solicitors and to be consistent with other
municipalities, the District's definition of "dog" be amended to identify a dog as an animal of the
canine species only and to remove all references to the age of the animal. This will limit the number
of animals kept at any one kennel location as well as address the current problems with backyard
breeding in Maple Ridge. Since the current Kennel Regulation Bylaw, by definition, does not limit
the number of dogs under the age of 4 months and the Zoning Bylaw has the same definition of
"dog" as the Kennel Regulation Bylaw, in order to restrict the maximum number of dogs to fifty (50)
dogs per property, the proposed amendments are required. More specifically, without amending the
current definition of "dog" to specify that a "puppy", under 4 months of age, is in fact a " dog", a
commercial kennel can have a maximum of fifty (50) dogs over the age of 4 months and an
unlimited number of dogs under the age of 4 months.
In addition, the Kennel bylaw does not specify requirements for outside pens. Through consultation
with neighbouring municipalities, several new sections to the Kennel Regulation Bylaw are proposed
that will provide regulations for exterior pen conditions. In addition, the current "interior" pen
regulations do not require these areas to have any type of air exchange system. Therefore, more
specific requirements for interior pens are also proposed.
OFFICIAL COMMUNITY PLAN:
The proposed text amendment to the Zoning Bylaw does not impact the Official Community Plan.
DESIRED OUTCOME(S):
The desired outcome of these bylaw amendments is to better control the number of dogs kept and to
improve the general operation standards of kennel operations throughout the District.
CITIZEN/CUSTOMER IMPLICATIONS:
Opportunities for citizen input will be provided through the required Public Hearing for the Zoning
Bylaw amendment portion of the proposed amendments set out in this report.
The impact of the proposed amendments overall will be in creating clarity with respect to the
maximum number of dogs permitted to be kept on any one property in relation to a kennel operation.
Page 2 of 4
Furthermore the proposed amendments will provide higher standards for pen, run and kennel
conditions.
CONCLUSIONS:
It is recommended that Bylaw No.6757-2010 be given First and Second Readings and forwarded to
Public Reading. Furthermore, it is recommended that Maple Ridge Kennel Regulation Bylaw No.
6036-2002 be given ,First, Second and Third Readings.
Prepared by.`-Pz Hp)ftzki
,,Director: Licenses, Permits and Bylaws
Approved by Frank Quinn
General Manager: P 1c arks and Development Services
Concurrence: J.L/(Jim) Rule
C of Administrative Officer
LH/jd
Attachments
Page 3 of 4
APPENDIX 1
Abbotsford:
No dog definition in kennel bylaw
Dog definition in the Dog Licence bylaw means an animal of the canine species over the age
of 4 months, including male, neutered male, female and spayed female
Hobby kennel states not more than 10 dogs over the age of 6 months. Dog kennel states
where 4 or more dogs are kept for any purpose (refer to business licence bylaw - fee $120
for no specific classification)
Burnaby:
Dog definition in Animal Control bylaw means any dog male or female of any age
Dog definition in Kennel bylaw means any dog male or female of any age
No more than 30 dogs to be boarded at any time
No more than 2 dogs per dwelling unit in Animal Control bylaw
Langley (City):
Dog definition in the Animal Control Bylaw means an animal of the canine species,
irrespective of age or sex
Maximum 2 dogs per lot
Do not allow commercial kennels
Doggy daycare in commercial setting - cannot have overnight stay
Langley (Township):
Dog means an animal of the canine species irrespective of sex or age as referenced in their
Animal Control bylaw No 4440-2005. This bylaw contains dog, large animal and kennel
regulations in one document
Maximum 2 dogs per parcel of land or RU zoning or RU-2 two dogs per registered dwelling (ie
mobile home, duplex, etc)
Commercial kennel - no restriction limit (all dogs must have adequate space and brought
indoors in the evening)
Pitt Meadows:
Dog means any member of the canine species over the age of 6 months, but specifically
excludes Seeing Eye Dogs or Personal Assistant Dogs. This bylaw contains dog, large animal
and kennel regulations in one document
Maximum 50 dogs in a kennel.
No specification for puppies
No more than 4 dogs at a residence
Surrey:
Dog definition in the Dog Responsibility bylaw means an animal of canine species
irrespective of sex or age
No dog definition in the Pound Bylaw which is specific to animals other than dogs
No dog definition in the Kennel Bylaw
Otherwise maximum 2 dogs per civic address
Page 4of4
DISTRICT OF MAPLE RIDGE
BYLAW NO.6757-2010
A Bylaw to amend the text of Maple Ridge 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 Council of the District of Maple Ridge enacts as follows:
1) This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6757-2010
2) Part 2 INTERPRETATION is amended as follows:
i) In the definition of DOG, remove the punctuation and words ", over the age
of four months."
3) Maple Ridge Zone Bylaw No. 3510-1985 is hereby amended accordingly.
READ A FIRST TIME this day of .2010
PUBLIC HEARING held day of 2010
READ A SECOND TIME this day of
2010
READ A THIRD TIME this day of .2010
RECONSIDERED AND FINALLY ADOPTED, the day of 2010
PRESIDING MEMBER
CORPORATE OFFICER
BYLAW NO. 6755 - 2010
A Bylaw to amend Maple Ridge Kennel Regulation Bylaw No. 6036-2002
WHEREAS it is deemed expedient to amend Maple Ridge Kennel Regulation Bylaw No. 6036-
2002;
NOW THEREFORE the Council of the District of Maple Ridge enacts as follows:
1. This bylaw shall be cited for all purposes as "Maple Ridge Kennel Regulation Amending
Bylaw No. 6755-2010"
2. Maple Ridge Kennel Regulation Bylaw No. 6036-2002 is amended by:
a) Under definitions, in the definition of DOG, remove the puncutation and words
over the age of four months."
b) Under General Regulations:
delete section 4 in its entirety and replace it with "4. No person or
persons shall own, keep, harbour or have in their possession more than
three (3) dogs per lot as defined in the Maple Ridge Zoning Bylaw No.
3510-1985, unless a licence or permit has first been obtained pursuant
to this Bylaw."
ll. add "5. (i) utilize an air exchange unit designed by a registered
professional to control seasonal temperature fluctuations and be capable
of maintaining a temperature - within each kennel - that does not exceed
27 degrees centigrade. This system is also to have measures installed
that will assist in the control and extraction of air born viruses, bacteria
and moulds"
III. add "5. 0) ensure that all buildings and structures be constructed to
prevent the escape of any dog being kept".
IV. add "7. (a) The outside perimeters of all areas of a Kennel where animals
are kept shall be enclosed by a solid fence at least 1.83 metres in height,
constructed of wood, masonry, stone or concrete.
V. add "7. (b) All pens, runs and exercise yards used in connection with a
licenced kennel shall not be less than 18.58 sq metres which shall be
completely fenced and have floor constructed of concrete and having a
fall of 2 (two) percent for the whole floor"
VI. add "7. (b)(i) All pens must be constructed so as to prevent the escape of
any animals being kept therein"
VII. add "7. (b)(ii)) contain suitable bedding material on which the animals
being kept therein may sleep or rest"
Vill. add "7. (b)(iii) be kept in a clean, sanitary and well -ventilated condition,
free of any offensive odours"
IX. add "7. (b)(iv) contain facilities whereby every animal kept therein has
access to potable water for drinking"
X. add "7. (b)(v) be kept free of infestation by fleas, lice or other insects"
XI. add "7. (b)(vi) be kept free of manure, urine and other excrement, which
shall be disposed of in a manner acceptable to the Waste Management
Branch of the Ministry of Environment"
c) Under COMMERCIAL KENNELS delete section 26 in its entirety and replace it with
"26. Exterior walls and all ceilings shall contain at least 8 cm of insulation for
soundproofing purposes"
READ A FIRST TIME this day of 2010.
READ A SECOND TIME this day of 2010.
READ A THIRD TIME this day of
RECONSIDERED AND ADOPTED this
.2010.
day of 2010.
CORPORATE OFFICER
{
Deep Roots
Grsefer Heights
T0:
SU BJ ECT:
District of Maple Ridge
His Worship Mayor Ernie Daykin
and Members of Council
Chief Administrative Officer
DATE: September 7, 2010
FILE NO:
ATTN: C.O.W.
Bylaw for Dedication of Property at 22109 119 Avenue as Park
EXECUTIVE SUMMARY:
Mrs. Jennie Raymond, the previous owner of the subject property, recently passed away and, in her
will, she generously bequeathed the property to the District for use as a park. At a Special Closed
meeting on July 27, 2010, Council passed the following resolution:
"That staff be directed to prepare a Park Dedication Bylaw for the property at 22109 119
Avenue, in Maple Ridge, B.C., for consideration by Council at the first opportunity following
transfer of the property to the District of Maple Ridge."
The property has now been transferred to the District and staff has prepared the attached Park
Dedication bylaw for Council consideration.
RECOMMENDATION(S):
That Maple Ridge Park Dedication By-law No. 6753 - 2010 be read a first, second and third time.
DISCUSSION:
a) Background Context:
Section 30 of the Community Charter states that Council may, by bylaw, dedicate as park
real property owned by the municipality.
The subject property, along with three properties to the north, is already designated as Park
in the Official Community Plan. The additional step to dedicate the property as Park, through
a bylaw, serves to respect the wishes of Mrs. Raymond by ensuring the property can only be
used as a public park. Any bylaw to remove this dedication may only be adopted with the
approval of the electors.
/.7
Prepared by: Ron Riach
Property & Risk Manager
Approve"y: ell S►idift
Gen anager - Community Development, Parks & Recreation
J
Concurren . J.L. (Jim) Rule
Chief Administrative Officer
1131
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6753-2010
A Bylaw to designate a property as Park.
WHEREAS Council considers that the property described in this Bylaw has value as a public park and
that its designation is desirable for the protection of the property for park use;
NOW THEREFORE, the Council of the District of Maple Ridge enacts as follows:
1. This Bylaw may be cited as "Maple Ridge Park Designation Bylaw No. 6753-2010".
2. That parcel or tract of land known and described as:
Lot 6 District Lot 397 Group 1 New Westminster District Plan 8728
Parcel Identifier: 011-339-730
Civic Address - 22109 119 Avenue, Maple Ridge, B.C.
and outlined in heavy black line on Map 1489, a copy of which is attached hereto
and forms part of this By-law, is hereby designated as park under Section 30 of the
Community Charter.
3. The primary reason for designation of the property as park is to respect the wishes of the late
Jennie Mary Elizabeth Raymond who, in her will, bequeathed the property to the Corporation
of the District of Maple Ridge for use as a park.
READ a first time the day of 2010
READ a second time the day of 2010
READ a third time the day of 2010
RECONSIDERED AND ADOPTED the day of 2010
PRESIDING MEMBER
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MAPLE RIDGE
Deep Roots
Greater Heights
TO:
FROM:
SUBJECT:
District of Maple Ridge
His Worship Mayor Ernie Daykin DATE:
and Members of Council FILE NO:
Chief Administrative Officer
2011 Permissive Tax Exemptions
EXECUTIVE SUMMARY:
September 8, 2010
ATTN: Committee of the Whole
The Community Charter provides Council with statutory powers to exempt certain types of properties from
municipal property taxation. Maple Ridge has clearly defined Council Policies to assist staff in evaluating and
recommending these property tax exemptions. The policies are based on the fundamental principle that the
Municipality will not grant property tax exemptions to organizations providing services on a private or for profit
basis, or where the service is the responsibility of senior governments. These policies have been reviewed by
Councils over the past several years, most recently in 2008.
All applicants that were approved for a permissive tax exemption for the 2010 taxation year are being
recommended for a 2011 permissive tax exemption. A new application for exemption is also being
recommended for the property leased by the Cornerstone Neighbourhood Fellowship Baptist Church at the old
Whonnock School site.
There are three additional new applications for 2011. The Royal Canadian Legion - Maple Ridge Branch #88
has applied for an exemption of a 50% portion of their lounge and office building. Previous requests for
permissive exemption from the Legion have been denied. The Ridge Meadows Hospice Society has submitted
two applications for permissive tax exemption for their main location on McIntosh Ave and the thrift store on
224th Street. The recommendation is to deny these grants and forward their requests to be considered for
Community Grants in the first quarter of 2011.
In accordance with the Community Charter and Council Policies 5.16 to 5.23, the properties listed in Bylaw No.
6759 - 2010 are recommended for property tax exemption for the 2011 taxation year.
RECOMMENDATION:
That "Maple Ridge Tax Exemption Bylaw 6759 - 2010" be read a first, second and third time.
DISCUSSION:
a) Background Context:
The Community Charter provides for a general exemption from taxation over which Council does not
have any legislative powers or authority. This includes properties such as schools, public hospitals,
buildings set apart for public worship and provincial and municipally owned public buildings and land.
B.C. Assessment determines which properties qualify for statutory exemption according to the
Community Charter.
Churches and Private Schools receive these automatic exemptions, over which Council has no control.
However, the statutory exemption only provides for the church or school building and the land on which
it stands, leaving any remaining land and improvements as taxable. In 1985 Council adopted a bylaw
which grants automatic permissive exemptions for these properties. Church properties receive
Page 1 of 4 1132
permissive exemption for an additional church. hall and the entire parcel of land, to a maximum of
2.0335 hectares (5 acres). Buildings other than the church and church hall are subject to taxation.
Private Schools receive permissive exemption for additional improvements and the entire parcel of land
not included in the statutory exemption.
The Community Charter also provides Council with statutory powers to exempt other certain properties
from municipal taxation. For example, these can be land and improvements that are used by not for
profit organizations that are deemed to contribute to the well being of the community or private
institutions licensed under other legislation such as the Hospital Act, Community Care Facility Act or
parts of the School Act.
Permissive exemptions can also be granted by Council for heritage properties and portions of a property
used for municipal purposes (e.g. parts of Planet Ice, the curling rink and the Ridge Meadows Senior
Society).
Council has adopted policies with respect to the granting of property tax exemptions. The policies are
intended to prevent the downloading/off loading of services that are the responsibility of senior
governments and to ensure local residents are not subsidizing residents from other municipalities. They
also establish that where a permissive tax exemption is granted that all residents of Maple Ridge have
access to the service provided and make certain that the property tax exemption does not provide for an
unfair competitive advantage. The services provided by the organization are to be an extension of
Municipal services and programs and fall under the responsibility of local government.
A Tax Exemption Bylaw adopted by Council specifically applies to the "General, Debt & Library" and "Fire
Services Improvement" levies on the Property Tax Notice. However at this time, the School Act and the
Hospital District Act also provide for exemptions from other taxing authorities for properties included in
the bylaw.
The proposed taxation exemption bylaw must be publicly posted and included in a newspaper prior to its
adoption. The notice will include a description of each property and the estimated tax exemption for
2011 plus the following two years. The District's Annual Report also includes information on the
permissive exemptions granted.
b) Desired Outcome:
Council must adopt the Tax Exemption Bylaw on or before October 31, 2010 to exempt properties from
municipal property taxation for 2011.
c) Strategic Alignment:
The sources of municipal revenue are limited and therefore, the District supports institutions,
organizations and the community at large to enhance the quality of life to its residents. The granting of
property tax exemptions to those applicants meeting the criteria of the policies are strategically aligned
with:
(i) Financial Management - cost effective and efficient delivery of services
(ii) Community Relations - recognize and support the important contribution of volunteers and not for
profit groups that provide services in Maple Ridge
(iii) Safe & Livable Community - in partnership with community groups, assist in the provision of
leisure and cultural services to ensure access by all citizens
d) Citizen/Customer Implications:
Permissive exemptions are designed to support those services that complement District programs.
Inadequate funding from senior governments sometimes results in agencies turning to local government
Page 2 of 4
for assistance. The sources of municipal funding are limited and providing exemptions to those groups
that fall under the responsibility of senior governments is not feasible.
All applicants that were approved for a permissive tax exemption for the 2010 taxation year are being
recommended for a 2011 permissive tax exemption. There is one new application being recommended
for 2011 and that is for the Albion Fellowship Baptist Church operating as the CornerStone
Neighbourhood Fellowship Baptist Church located at 9975 - 272 Street (the old Whonnock School site).
This property is not owned by the church, but the portion they are using would be eligible for exemption
under the Community Charter and would be consistent with Tax Exemption Policy 5.20 - Churches.
An application from the Royal Canadian Legion - Maple Ridge Branch #88 for an exemption of at least
50% of their property at 12101 - 224th St is not being recommended for a permissive tax exemption.
While the Legion is a non-profit organization, most of this building is considered a commercial operation
which would not be eligible for exemption. A small part of this building is a multi -function room that is
used for Legion activities as well as being made available to community groups. This room could be
considered under Tax Exemption Policy 5.18 - Community Halls for a 2011 estimated tax value of
$4,100, however the large multi -function area at 12148 - 224th which is owned by the District and
leased to the Ridge Meadows Seniors Society has already been designated as the `community hall' in
this area.
Two applications received from the Ridge Meadows Hospice Society for exemption of their leased
facilities at 22326A McIntosh Avenue (office & programs) and 12011 - 224th Street (thrift store) are not
being recommended for a permissive tax exemption. The Society is a not for profit organization offering
hospice programs for residents of Maple Ridge and Pitt Meadows. The thrift store was opened in April
2010 to provide a new source of income to support the Society. The programs provided by the Hospice
Society are invaluable to those in need, however this type of program is not considered to meet the
requirements of the District's Tax Exemption policies which requires us to consider if the programs are
an extension of municipal services and should be funded at the municipal level of government. Ridge
Meadows Hospice Society receives partial funding from Fraser Health and Community Gaming grants.
The Royal Canadian Legion - Maple Ridge Branch #88 and Ridge Meadows Hospice Society applications
will be forwarded for consideration in the 2011 Community Grant program.
e) Interdepartmental Implications:
District Departments have close associations with these organizations that provide service and support
to many community groups that in turn help build and shape our community. A denial of a permissive
tax exemption can have a negative impact on their operation.
f) Business Plan/Financial Implications:
Based on the 2010 assessed values, and using the estimated tax increase for 2011 from the financial
plan, the estimated amount attributable to the 2011 proposed tax exemptions for the Municipal portion
of taxes is $428,050. The total tax revenue estimate in the financial plan is $57,305,657, putting the
proposed exemptions at less than 1% of that total.
g) Policy Implications:
The applicants recommended for exemption are in accordance with the adopted policies.
Page 3 of 4
h) Alternatives:
Granting tax exemptions leads to a tax shift to other classes, most notably the Residential Class. An
option for Council is to provide a financial grant to assist those organizations providing community
services that Council wishes to support. Grants are an annual budget decision and are limited to one
year. Council has used this option from time to time. Providing grants does not relieve senior levels of
government from their responsibility to the community. Therefore, the potential for downloading costs to
the Municipality is somewhat reduced.
CONCLUSIONS:
In reviewing the requests for permissive exemptions, Council Members should ensure:
1. The use is consistent with Municipal policies, plans, bylaws, codes and regulations. This will ensure the
goals, policies, and general operating principles of the Municipality as a whole are reflected in the
organizations that receive Municipal support.
2. Exemptions are not given to services that are otherwise provided on a private, for profit basis. This
would provide an unfair competitive advantage.
3. The services provided by the organization should be an extension of Municipal services and programs
and must fall under the responsibility of local government. Senior government program costs must not
be transferred to property taxpayers, as this would represent double taxation and an inequitable tax
burden.
4. Primarily Maple Ridge residents should use the services and the organization's regulations must allow
all Maple Ridge residents to participate.
S. The taxation burden resulting from the exemption must be a justifiable expense to the taxpayers of the
Municipality. The sources of Municipal revenue are limited and request for exemption must be
considered in concert with other needs of the Municipality.
Additional details on the applications are available from the Finance Department.
Prepared by: Kathleen Gormley
Manager of Business Systems
Approved by: I Gill, BBA, CGA
GM - Corp. & Fin. Seph6es
ft-
Concurrence: JL (Jim) Rule
'Chief Administrative Officer
:kg
Page 4 of 4
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6759 - 2010
A Bylaw to exempt from taxation, certain properties within
the District of Maple Ridge
WHEREAS, pursuant to provisions of the Community Charter, S.B.C., 2003, Chapter 26, a
Municipal Council may exempt certain land and improvements from taxation, where, in the
opinion of the Municipal Council, the use of the land and improvements qualifies for
exemption;
AND WHEREAS, the Municipal Council deems it expedient to exempt certain land and
improvements;
NOW THEREFORE, the Council of the District of Maple Ridge enacts as follows:
1. This Bylaw shall be cited for all purposes as "Maple Ridge Tax Exemption Bylaw No.
6759 - 2010".
2. That in accordance with Section 224(2)(i) of the Community Charter, the following
lands and improvements owned or held by an athletic or service club or association
and used principally as a public park or recreation ground or for public athletic or
recreational purposes be exempt from taxation:
(a) Owned by the Ruskin Community Hall
Roll No.: 94856-0000-8 28395 96th Avenue
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
321,200
3,675 3,854
4,016
(b) Owned by the Girl Guides of Canada
Roll No.: 05322-0300-1 26521 Ferguson Avenue
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
548,000
6,269
6,575
6,852
(c) Owned by the Scout Properties (B.C./Yukon) Ltd.
Roll No.: 05299-0100-0 27660 Dewdney Trunk Road
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
1,132,000
12,950
13,582
14,153
(d) Portion of Land and Improvements owned by the Corporation of the District of
Maple Ridge
Leased to: Ridge Meadows Senior Society
Roll No.: 52700-0001-0 12148 224th Street
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
3,482,000
42,911
45,004
46,897
(e) Owned by the Fraternal Order of Eagles, Maple Ridge Aerie #2831
Roll No.: 73878-0300-6 23461 132nd Avenue
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
468,000
5,354
5,615
5,851
3. That in accordance with Section 224(2)(i) of the Community Charter, the following
lands and improvements owned or held by an athletic or service club or association
and used principally as a public park or recreation ground or for public athletic or
recreational purposes be exempt from taxation; and in accordance with Section
225(2)(e) of the Community Charter, the following land and improvements that are
eligible golf course property, being land maintained as a golf course be exempt from
taxation:
(a) Owned by the Corporation of the District of Maple Ridge
Leased to: Maple Ridge Golf Course Ltd. (Public Golf Course)
Roll No.: 21238-1001-1 20818 Golf Lane
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
2,453,600
28,278
29,657
30,904
4. That in accordance with Section 224(2)(a) of the Community Charter, the following land
and improvements that are owned by a charitable, philanthropic, or other not for profit
corporation, and the council consider are used for the same purpose be exempt from
taxation:
(a) Owned by the Maple Ridge Search and Rescue Society
Roll No.: 84120-0005-0 23598 105th Avenue
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
606,000
7,468
7,832
8,162
5. That in accordance with Section 224(2)(d) of the Community Charter, the interest in
land and improvements of municipal buildings of a non-profit organization specified
by the council that the non-profit organization uses or occupies as a licensee or
tenant of the municipality, shall be exempt from taxation:
SA
(a) Owned by the Corporation of the District of Maple Ridge
Leased to: The Society for the Prevention of Cruelty to Animals
Roll No.: 84292-0257-0 10235 Jackson Road
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
267,700
3,299
3,460
3,606
(b) Owned by the Corporation of the District of Maple Ridge
Leased to: Katie's Place
Roll No.: 84292-0100-0 10255 Jackson Road
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
143,200
1,765
1,851
1,929
(c) Owned by the Greater Vancouver Sewerage and Drainage District
Leased to: Ridge Meadows Recycling Society
Roll. No.: 84112-0001-0 10092 236th Street
2010 Exempt
_ Estimated Estimated
Estimated
Assessed Value
2011 2012
2013
Exemption Exemption
Exemption
890,000
10,968
11,503
11,987
6. That in accordance with Section 224(2)(f) of the Community Charter, in relation to
property that is exempt under section 22O(1)(h) [buildings for public worship], the
following land and improvements, that have been deemed as necessary to the
building set apart for public worship, be exempt from taxation:
E'
U.
Owned by Wildwood Fellowship Church
Roll No.: 05071-0100-5 10810 272nd Street
Exempt 2010
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
204,600
2,341
2,455
2,558
Owned by I-t. Hammond united unurch
Roll No.: 10622-0100-0 11391 Dartford Street
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
107,300
1,228
1,287
1,342
- 3 -
(c) Owned by Christian & Missionary Alliance - Canadian Pacific District
Roll No.: 20804-0401-1 20399 Dewdney Trunk Road
2010 Exempt Estimated
Estimated
Estimated
Assessed Value 2011
2012
2013
Exemption
Exemption
Exemption
418,300
4,786
5,019
5,230
(d) Owned by the St. Pauls Evangelical Lutheran Church of Haney B.C.
Roll No.: 20861-0100-4 12145 Laity Street
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
333,000
3,810
3,995
4,164
(e) Owned by the St. John the Divine Anglican Church
Roll No.: 20920-0100-1 21299 River Road
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
409,700
4,687
4,916
5,123
(f) Owned by Roman Catholic Archbishop of Vancouver Church
Roll No.: 21140-0400-1 20285 Dewdney Trunk Road
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
672,000
7,688
8,063
8,402
(g) Owned by the Christian Reformed Church of Maple Ridge B.C.
Roll No.: 21142-3300-3 20245 Dewdney Trunk Road
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
392,200
4,487
4,706
4,904
(h) Owned by the Burnett Fellowship Baptist Church
Roll No.: 21190-0001-0 20639 123rd Avenue
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
278,100
3,182
3,337
3,477
1L'
Owned by the President of the Lethbridge Stake (Mormon Church)
Roll No.: 21255-0201-X 11750 207th Street
U)
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
362,500
4,147
4,349
4,532
Owned by the Trustees of the Maple Ridge East Congregation of Jehovah's
Roll No.: 21335-2200-2 11770 West Street
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
466,100
5,332 1 5,592
5,828
(k) Owned by First Church Christ Scientist
Roll No.: 31678-0000-8 11916 222nd Street
2010 Exempt i Estimated
Estimated
Estimated
Assessed Value 2011
2012
2013
Exemption
Exemption
Exemption
169,600
1,940 2,035
2,121
Owned by The Church of the Nazarene
Roll No.: 41990-0000-8 21467 Dewdney Trunk Road
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
384,053
4,394
4,608
4,802
(m) Owned by the High Way Church
Roll No.: 42162-0000-X 21746 Lougheed Highway
(n)
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
458,100
5,241
5,496
5,728
Owned by the Trustees of the Congregation of the Haney Presbyterian Church
Roll No.: 42176-0000-8 11858 216th Street
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
510,800
5,844
6,129
6,387
-5-
(o) Owned by the Trustees of St. Andrews Congregation of the United Church of
Canada
Roll No.: 42249-0100-6
22165 Dewdney Trunk Road
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
514,500
5,886
6,173
6,433
(p) Owned by M.R. Baptist Church
Roll No.: 42331-0100-1 22155 Lougheed Highway
M
(r)
(s)
(t)
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
3,657,000
41,837
43,878
45,723
Owned by the Trustees of Webster's Corner United Church
Roll No.: 63029-0100-5 25102 Dewdney Trunk Road
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
212,600
2,432
2,551
2,658
Owned by Pentecostal Assemblies of Canada
Roll No.: 63163-2300-2 11756 232nd Street
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
785,000
8,981
9,419
9,815
Owned by Lord Bishop of New Westminster (St. John Evangelical)
Roll No.: 94720-0001-0 27123 River Road
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
462,800
5,295
5,553
5,786
Owned by the United Church of Canada
Roll No.: 94717-0000-0 27079 River Road
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
116,600
1,334
1,399
1,458
(u) Owned by Whonnock United Church
Roll No.: 94719-0000-1 27091 River Road
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
307,600
3,519
3,691
3,846
(v) Owned by Trustees of the Congregation of Whonnock United Church
Roll No.: 94741-0200-4 272nd Street
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
64,100
733
769
801
(w) Owned by Ruskin Gospel Church
Roll No.: 94803-0100-3 28304 96th Avenue
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
252,600
2,890
3,031
3,158
(x) Owned by Roman Catholic Archbishop of Vancouver
Roll No.: 52788-0000-8 22561 121st Avenue
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
264,700
3,028
3,176
3,310
(y) Owned by The B.C. Conference of the Mennonite Brethren Churches Inc.
Roll No.: 20762-0305-0 20450 Dewdney Trunk Road
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
1,909,000
21,840
22,905
23,868
(z) Owned by The Parish of St. George, Maple Ridge
Roll No.: 63157-2001-1 23500 Dewdney Trunk Road
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
319,200
3,652
3,830
3,991
-7-
(aa) Owned by Generations Christian Fellowship and Colleen Findlay Foundation
Roll No.: 21034-0000-8 11601 Laity Street
2010 Exempt
Estimated
Estimated Estimated
Assessed Value
2011
2012 2013
Exemption
Exemption Exemption
832,000
9,518
9,983 10,402
(bb) Owned by Apostles of Infinite Love, Canada
Roll No.: 94906-0000-3 27289 96th Avenue
2010 Exempt Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013 1
Exemption
Exemption
Exemption
213,000
2,437
j 2,556
2,663
(cc) Owned by Timberline Ranch
Roll No.: 52982-0000-X 22351 144th Avenue
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
26,700
305
320
334
7. That in accordance with Section 224(2)(g) of the Community Charter, land or
improvements used or occupied by a religious organization, as tenant or licensee, for
the purpose of public worship or for the purposes of a hall that the council considers
is necessary to land or improvements so used or occupied, be exempt from taxation:
(a) Leased by Maple Ridge Vineyard Christian Fellowship
Roll No.: 31594-0000-1 22336 Dewdney Trunk Road
2010 Exempt Estimated
Estimated
Estimated
Assessed Value 2011
2012
2013
Exemption
Exemption
Exemption
515,000
5,891
6,179
6,439
(b) Leased by Cornerstone Neighbourhood Fellowship Baptist Church
Roll No.: 94940-0100-X 9975 272nd Street
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
420,000
4,805
5,039
5,251
8. That in accordance with Section 224(2)(h) of the Community Charter, in relation to
property that is exempt under section 220(1)(1) [private schools], any area of land
surrounding the exempt building shall be exempt from taxation:
(a) Owned by Haney - Pitt Meadows Christian School Association
Roll No.: 20806-0400-0 12140 203rd Street
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
466,400
5,748 =
6,028
6,282
(b) Owned by Meadowridge School Society
Roll No.: 63414-0002-0 12224 240th Street
2010 Exempt
Estimated Estimated
Estimated
Assessed Value
2011 2012
2013
Exemption Exemption
Exemption
929,000
11,449
12,007
12,512
(c) Owned by Roman Catholic Archbishop of Vancouver
Roll No.: 52788-0000-8 22561 121st Avenue
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
249,000
3,069
3,218
3,354
9. That in accordance with Section 225(2)(b) of the Community Charter the following
Heritage lands and improvements shall be exempt from taxation:
(a) Owned by the Corporation of the District of Maple Ridge
Leased to: The Maple Ridge Historical Society (Haney House)
Roll No.: 31790-0000-4 11612 224th Street
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
477,000
1,959
2,055
2,141
(b) Owned by the Corporation of the District of Maple Ridge
Leased to: The Maple Ridge Historical Society (Haney Brick Yard Office & Haney
Brick Yard House)
Roll No.: 31962-0502-3 22520 116th Avenue
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
609,000 17,505
7,871
8,202
sE
(c) Owned by the Corporation of the District of Maple Ridge
Leased to: The Maple Ridge Historical Society (St. Andrew's United Church)
Roll No.: 31428-0000-1 22279 116th Avenue
2010 Exempt
Estimated i Estimated
Estimated
Assessed Value
2011 2012
2013
Exemption Exemption
Exemption
175,000
2,157
2,262
2,357
(d) Owned by the Corporation of the District of Maple Ridge
Leased to: Fraser Information Society (Old Japanese School House)
Roll No.: 31492-0000-3 11739 2231d Street
2010 Exempt
Estimated Estimated
Estimated
Assessed Value
2011 2012
2013
Exemption Exemption
Exemption
226,200
2,788
2,924 3,047
(e) Owned by Prince David Temple Society (Masonic Lodge)
Roll No.: 31429-0100-0 22272 116th Avenue
2010 Exempt
Estimated Estimated
Estimated
Assessed Value
2011 2012
2013
Exemption Exemption
Exemption
330,300
4,071
4,269
4,449
10. That in accordance with Section 224(2)(c) of the Community Charter, "land or
improvements that the council considers would otherwise qualify for exemption under
section 220 [general statutory exemptions] were it not for a second use", the council
may, by the adoption of a by-law, determine the proportions of the land and
improvements that are to be exempt and taxable; and Section 224(2)(i) of the
Community Charter, land or improvements owned or held by an athletic or service
club or association and used principally as a public park or recreation ground or for
public athletic or recreational purposes, shall be exempt from taxation as by the
proportions set in accordance with Section 224(2)(c) of the Community Charter.
(a) Land and Improvements owned by the Corporation of the District of Maple
Ridge, Herein called Cam Neely Arena, shall be exempted from 90% of taxation
Roll No.: 84120-0002-0 23588 105th Avenue
2010 Exempt
Estimated
Estimated
Estimated
Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
3,621,000
44,624
46,801
48,769
(b) Land and Improvements owned by the Corporation of the District of Maple
Ridge, Herein called The Golden Ears Winter Club, shall be exempted from 95%
of taxation
Roll No.: 84120-0004-0 23588 105th Avenue
2010 Exempt
Estimated
Estimated
Estimated
i Assessed Value
2011
2012
2013
Exemption
Exemption
Exemption
3,104,000
38,253
40,119
41,806
Included within each of the exemptions 10(a) and 10(b) is a proportionate share
(based on the square footage areas of Cam Neely Arena, The Golden Ears Winter
Club, and the remainder of the building) of all entrances, lobbies, change rooms,
stairs, elevators, hallways, foyers and other common use areas of the lands and
improvements.
11. The exemption from taxation as herein before noted applies for the year 2011.
12. The exemptions granted by this bylaw are without prejudice to any claim for
entitlement to exemption based on any other provisions of the Community Charter or
any other legislation.
READ a FIRST TIME the day of , 2010.
READ a SECOND TIME the day of . 2010.
READ a THIRD TIME the day of '2010.
RECONSIDERED AND ADOPTED the day of .2010.
PRESIDING MEMBER
CORPORATE OFFICER
-11-
Deep Roots
Greater Heights
TO:
FROM:
SUBJECT:
District of Maple Ridge
His Worship Mayor Ernie Daykin
and Members of Council
Chief Administrative Officer
Albion Water Spray Park Contract Award
EXECUTIVE SUMMARY:
DATE: August 31, 2010
FILE NO:
ATTN: C.O.W.
A request for proposals for a water spray park at Albion Park was issued June 24, 2010. Three
proposals were received, one was accepted as complete, the other proposals were considered as
non -compliant, since required documents were not provided. As the contract exceeds $150,000
Council authorization is required before a contract can be awarded as per the Purchasing Policy.
Based on a review of the accepted compliant proposal it is recommended that a contract be
awarded to Habitat Systems Inc. for $287,500 plus HST.
RECOMMENDATION:
That staff be authorized to enter into an agreement with Habitat Systems Inc. for the provision of a
water spray park for $287,500.00 plus HST.
DISCUSSION:
a) Background Context:
The Albion Park Master Plan was completed in 2004 following a public consultation process.
One of the amenities identified as desirable to include in this park was a water spray play area.
The water spray park is to be located in the vicinity of the existing picnic shelter, washroom and
playground area east of the play field.
The proposal covers 417 sq. metres of existing open space with an asphalt surface which
includes a perimeter walkway and 286 sq. metres of spray area. Within the spray area play
elements are provided for family and toddler play incorporating a variety of water effects from,
mists, dumping water buckets, foaming geysers to jet streams, and projection sprays.
The design of the drainage system for the spray park is to include the capability for the storage of
surface run off for use as irrigation water on the adjacent play field. The system will also allow
for excess surface runoff to discharge into the adjacent watercourse similar to the management
of urban storm water elsewhere in the District.
b) Business Plan/Financial Implications:
The 2010 Capital budget identifies $388,500 for the Albion Spray Park. This budget also
includes the estimated cost to bring services (water and electrical) to the site, and habitat
mitigation works associated with construction and discharge of surface run off.
Page 1 of 2 1151
CONCLUSIONS:
As the proposal received is in compliance with the proposal request, and the value of the proposal is
consistent with the identified budget, it is recommended that a contract be awarded to Habitat
Systems Inc.
Prepared by: Bruce McLeod, MBCSLA
Manager of Parks and Open Space
zo�
Approved by. Kelly ft
Gen rat Whager Community Development
Parks and Recreation ,-%
Page 2of2
Deep Roots
Greater Heigfv( z
TO:
FROM:
SUBJECT:
District of Maple Ridge
His Worship Mayor Ernie Daykin
and Members of Council
Chief Administrative Officer
DATE: September 8, 2010
FILE NO:
ATTN: C.O.W.
MAPLE RIDGE PITT MEADOWS ARTS COUNCIL FEE FOR SERVICE AGREEMENT
EXECUTIVE SUMMARY:
The attached fee for service agreement is an amendment to the 2009 agreement between the
Maple Ridge and Pitt Meadows Parks & Leisure Services Commission and the Maple Ridge Pitt
Meadows Arts Council (MRPMAC). Staff has met with the MRPMAC Board to review the existing
agreements and have made the necessary changes to the attached fee for service agreement. The
Maple Ridge and Pitt Meadows Parks Commission reviewed the agreement at their meeting of July 8,
2010 and are recommending approval.
RECOMMENDATION:
That the Corporate Officer be authorized to execute the amended Maple Ridge Pitt Meadows Arts
Council Fee for Service Agreement 2009 to 2011.
7��dl��ri7►A
a) Background Context:
MRPMAC has provided excellent service to the citizens of Maple Ridge and Pitt Meadows for
many years. They have done an excellent job in managing the Maple Ridge Arts Centre Theater
as well as providing arts and crafts programs in many locations throughout Maple Ridge and Pitt
Meadows. The Maple Ridge Pitt Meadows Arts Council has met or exceeded all the obligations
under their current fee for service agreement and facility lease with the Commission and the
District of Maple Ridge.
The key change to the agreement was to clarify for the Arts Council auditors the intent and
purpose of the operating reserve and equipment replacement reserve funds as well as
renaming these surplus reserves in the agreement to reflect account cost centre references
used by the Arts Council in their financial reporting systems.
b) Desired Outcome:
One of the objectives is to promote independence and a sense of responsibility for the delivery
of leisure services by community groups. The work of the Maple Ridge Pitt Meadows Arts
Council is reflective of this goal.
c) Strategic Alignments:
Providing cultural opportunities for citizens is part of creating safe and livable communities.
Page 1 of 2 1152
d) Citizen/Customer Implications:
The Maple Ridge Pitt Meadows Arts Council has provided excellent service to the citizens of
Maple Ridge and Pitt Meadows for a number of years and has done an excellent job in
managing the Maple Ridge Arts Centre and Theater and the Art Gallery.
e) Policy Implications:
This agreement is consistent with, and meets all the obligations under the Commission's
policies on insurance coverage; partnership agreements, leases and fee for service proposals.
CONCLUSIONS:
The amendment to the agreement will assist the Maple Ridge Pitt Meadows Arts Council by
responding to a request from their auditors for greater clarity around how to manage year-end
surpluses.
:ShelleyJorde, Recreation Manager,
I
Community Connections
- < ,, , �, 4
Approv f y: Kel 5 , General Manager,
CoAaMdnity Development, Parks & Recreation
4�
Concurrence' J.L. (Jim) Rule
Chief Administrative Officer
SJ:ik
Page 2 of 2
ARTS CENTRE AND CULTURAL SERVICES OPERATING AGREEMENT
THIS AGREEMENT made as of the 1st day of January, 2009
BETWEEN:
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")
h_1►113
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")
AND:
OF THE SECOND PART
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, Maple Ridge Arts Centre and Theatre
(the "Arts Centre") for such purposes;
C. The Commission is prepared to pay the Society for providing the Services and for operating
the Arts Centre;
C:\Users\ingridk\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\PRXGTFPI\ACT_Operating_Agreement_Amend_2010 (2).doc
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 three years commencing the 1st day of January 2009, for a base rent of Eighty
Thousand Dollars ($80,000.00) plus HST 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 II 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) Fourty-Eight Thousand, Two Hundred and Fourty-Two ($48,242.00) on the first day of
each month commencing on January 1, 2009. Fifty Thousand, One Hundred and
Seventy -Two Dollars ($50,172.00) on the first day of each month commencing on
January 1, 2010. Fifty -Two Thousand, One Hundred and Seventy -Nine Dollars
($52,179.00) commencing on the first day of each month on January 1, 2011.
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(b) all Service Fees shall be subject to 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
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 "Arts and Recreation Guide"
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; and to do its utmost to promote and publicise the
arts services through the distribution of the said brochure and any other means
available.
(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
(e) to provide access to the Pitt Meadows Family Recreation Centre and the South
Bonson Community Centre at no cost and 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 Agreement as
Schedule B, and in accordance with any other conditions and terms of reference determined
by the Commission from time -to -time.
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Services
8. 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;
(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
of member 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 coordinate 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; Commission recognizes that funding beyond the agreement is
required to provide all services;
(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 Arts and Recreation Guide (meeting all deadlines established by the
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Commission for the production of said brochure) in addition to utilizing other
appropriate advertising methods;
(g) to acknowledge the Commission's, the District of Maple Ridge and the City of Pitt
Meadow's support of the Society and its activities in all applicable 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 Participation 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 computerized registration system
by the deadline dates established by the Commission's representative;
Q) 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, interior painting, 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,
with a lifecycle of beyond five years and exterior glass, repainting and replacement of
exterior signage and floor replacements 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 Arts 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:
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(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 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.
(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 -Pitt Meadows) for use of the Arts Centre on an as available basis.
Business Plan, Financial Statements, Arts Centre Equipment Reserve and Operating Reserve and
Capital Improvement Fee
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 by
the Commission and the Councils of the District and Pitt Meadows;
(b) an audited financial statement each October 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.
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(c) Annual surpluses form part of the accumulated surplus (AS) for use by the Arts
council as an operating reserve as follows:
i) Arts Council capital assets or capital improvement funds do not form part of
the AS;
ii) until the amount in the accumulated surplus reaches $100,000.00, all
annual surpluses shall be recorded as unrestricted net assets and remain the
property of the Arts Council;
iii) in any year that the amount in accumulated surplus is below $100,000.00,
the annual surpluses in that year shall be applied firstly to accumulated
surpluses sufficient only to restore a minimum balance of $100,000.00.
When, and in any year, the amount in accumulated surpluses 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
iv) where the accumulated surpluses exceed $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.
(d) the Society may establish a Capital Improvement Fund (CIF), whereby a per ticket fee
is charged to patrons to be used for the sole purpose of capital improvements to the
facility. This fund shall be restricted for said purpose in the society's books.
(i) monies received or fundraised by the Society for the purposes of program delivery
remain the asset of the Society.
(ii) monies received, donated or fundraised for the purposes of capital expenditure or
improvement shall be deposited in the ACER fund with the District or expensed by
towards capital items to be purchased.
(iii) capital equipment that becomes part of the infrastructure of the facility
fundraised for by the Arts Council becomes the property of the DMR.
(iv) equipment purchased through grants applied for by the Arts Council remain the
property of the Arts Council and will become part of Schedule D.
(e) expenditures from ACER shall only be for Arts Centre equipment and or mutually
agreed upon capital improvements, and shall be made by the Arts Council following
the DMR Purchasing Policy and reimbursed by the DMR upon provision of receipt.
(f) if any equipment previously purchased with ACER funds is sold by the Arts Council,
the proceeds will be re -deposited in the ACER fund.
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Society's Covenants
10. The Society must
(a) save harmless and indemnify the Commission, the District and the City 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 City 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;
(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;
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(f) maintain an open membership which will ensure all citizens of the District and City of
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, 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 January, 2009, and shall expire and cease
to be binding on the parties on December 31, 2011 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;
(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.
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(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 December 31, 2011,
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 ensure to the benefit of and be binding upon the parties hereto
and their respective successors and assigns.
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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:
C/S
Authorized Signatory )
}
Authorized Signatory
The Corporate Seal of THE MAPLE RIDGE )
PITT MEADOWS ARTS COUNCIL was hereunto
affixed in the presence of: )
Authorized Signatory } C/S
}
Authorized Signatory
The Corporate Seal of THE CORPORATION OF )
THE DISTRICT OF MAPLE RIDGE was
hereunto affixed in the presence of: )
Authorized Signatory } C/S
Authorized Signatory
)
)
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Schedule "A"
LEASE
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Schedule "B"
ARTS CENTRE BUSINESS ADVISORY COMMITTEE
TERMS OF REFERENCE
(a) The Committee will provide advice to the Society on matters referred to it by the
Society and the Commission.
(b) The Committee will meet with the Society's Board of Directors a minimum of two
times per year to review and provide advice on business matters related to the
operation of the Arts Centre. Such matters may include but shall not be limited to the
following:
- resource development and sponsorship
- tourism and other economic development opportunities
- business and financial planning
- general business practices
(c) Committee membership will be established by the Commission in consultation with
the Society and the Maple Ridge and Pitt Meadows Chamber of Commerce who shall
nominate two members to the Committee. Committee members may not serve for
more than six consecutive years.
(d) The Committee shall be made up of no fewer than three and no more than five
appointees who shall be appointed as soon as possible at the beginning of each year
and in any case no later than the end of March.
(e) The Committee shall select its own chair at its first meeting each year.
(f) The Commission's staff liaison to the Society the Executive Director of the Society
and at least two members of the Society's Board of Directors shall attend all
Committee meetings to provide information and receive feedback and advice from
the Committee.
(g) The Society will provide support to the Committee, preparing agenda and minutes in
cooperation with the Committee Chair.
(h) The Committee will provide a brief written report to the Commission each year as part
of Society's annual report identifying the matters considered by the Committee and
the advice given.
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Schedule "C"
BUSINESS PLAN 2008
[Note Date Change]
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Schedule "D"
LIST OF EQUIPMENT OWNED BY THE SOCIETY
[2005 List - available on request]
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Schedule "E"
COMMISSION REQUIREMENTS FOR GROUPS WITH WHOM THE COMMISSION ENTERS INTO A
FEE FOR SERVICE AGREEMENT
1. That the group maintain its status as a registered Society in good standing with the Provincial
Registrar of Companies.
2. That the purposes of the Society listed in its Constitution encompass the service for which
the agreement is being entered into.
3. That the Society dissolution clause in its Constitution identify that the assets of the Society
shall go to a local organisation with similar purposes or to the appropriate local government
authority (the District of Maple Ridge) upon dissolution of the Society.
4. That the Society's Bylaws provide for any resident of Maple Ridge or Pitt Meadows of the
appropriate age to become voting members of the organisation at a reasonable annual cost.
5. That the Society's Bylaws provide for regular (annual) elections to the Board of Directors from
the Membership (terms should be alternated between positions on the Board where the term
of membership on the Board is longer than one year). The by laws should also provide for a
maximum number of terms a member may serve on the Board before stepping down for at
least one term.
6. That an audited financial statement be presented to the Commission on an annual basis if
the fee for service is for an amount over $75,000 annually. If the fee for service is for a
smaller amount a statement must be presented which is subject to audit at the discretion
and expense of the Commission.
7. That a detailed annual report of the services provided to the community by the Society be
provided to the Commission.
8. That the books and records of the Society are available to the Commission or its
representatives for inspection at any time upon 24 hours notice having been provided
requesting such notice.
9. That any changes to the Constitution or Bylaws of the Society be provided to the Commission
in advance of such changes being brought forward to the membership for consideration and
adoption.
10. That the Society prepares and presents a five year financial plan for its operations to the
Commission on an annual basis.
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