HomeMy WebLinkAbout2011-10-11 Council Meeting Agenda and Reports.pdfDistrict of Maple Ridge
COUNCIL MEETING AGENDA
October 11, 2011
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 MOMENT OF REFLECTION
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 September 13, 2011
502 Minutes of the Public Hearing of September 20, 2011
503 Minutes of the Development Agreements Committee Meetings of
September 6, 8(2), 9, 13, 14, 16, 21(2), 23(3) and 27, 2011
Page 1
Council Meeting Agenda
October 11, 2011
Council Chamber
Page 2 of 7
600 PRESENTATIONS AT THE REQUEST OF COUNCIL
601 Acknowledgement of Ms. Jacynthe Gescheke - International Naturally
Autistic People Community Achievement Award Winner
700 DELEGATIONS
701 Waste Reduction Week - Ridge Meadows Recycling Society - L. Koehn
- 2011 "Recycler of the Year" Award
702 Fire Prevention Week Reminders - T. Juurakko, Assistant Fire Chief
703 Shakeout - C. Mario, Manager of Legislative Services and Emergency
Progra m
800 UNFINISHED BUSINESS
Note: Item 801 was forwarded from the September 26, 2011 Council Workshop
Meeting
801 Vacant/Derelict Lots
Discussion of proposed motion submitted by Councillor Ashlie
900 CORRESPONDENCE
1000 BYLAWS
Note: Items 1001 to 1003 are from the Public Hearing of September 20, 2011
Bylaws for Third Readin
1001 RZ/063/10, 11655 Burnett Street
1001.1 Maple Ridge Official Community Plan Amending Bylaw No. 6752-2010
To adjust the conservation boundary
Third reading
Council Meeting Agenda
October 11, 2011
Council Chamber
Page 3 of 7
1001.2 Maple Ridge Zone Amending Bylaw No. 6751-2010
To rezone from RS-1 (One Family Urban Residential) and C-3 (Town Centre
Commercial) to RM-2 (Medium Density Apartment Residential) to permit
the future construction of a four -storey apartment building with 21 units.
Third reading
1002 RZ/079/10, 26610 124 Avenue
1002.1 Maple Ridge Official Community Plan Amending Bylaw No. 6763-2010
To adjust the conservation boundary
Third reading
1002.2 Maple Ridge Zone Amending Bylaw No. 6764-2010
To rezone from RS-3 (One Family Rural Residential) to RS-2 (One Family
Suburban Residential) to permit the future subdivision of 13 single family
parcels not less than 0.40 hectares each
Third reading
1003 2011-057-RZ, 11885, 11873 and 11865 Burnett Street
Maple Ridge Zone Amending Bylaw No. 6831-2011
To rezone from RS-1 (One Family Urban Residential) to RM-2 (Medium
Density Apartment Residential) to permit the future construction of a four -
storey apartment building with 75 units
Third reading
Bylaws for Final Readin
1004 2011-067-RZ, 21755 Lougheed Highway
Maple Ridge Zone Amending Bylaw No. 6847-2011
Staff report dated October 11, 2011 recommending that Maple Ridge Zone
Amending Bylaw No. 6847-2011 to rezone from CS-1 (Service Commercial)
to C-2 (Community Commercial) to permit an expansion of uses in the
existing building be adopted.
Final reading
COMMITTEE REPORTS AND RECOMMENDATIONS
1100 COMMITTEE OF THE WHOLE
1100 Minutes - October 3, 2011
Council Meeting Agenda
October 11, 2011
Council Chamber
Page 4 of 7
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/024/09, 25467 Bosonworth Avenue, RS-3 to RS-2
Staff report dated October 3, 2011 recommending that Maple Ridge Zone
Amending Bylaw No. 6867-2011 to permit subdivision into four lots be
given first reading and that the applicant provide further information as
described on Schedules A-H of Development Procedures Bylaw No. 5879-
1999.
1102 RZ/075/09, 23553 Larch Avenue, First Extension
Staff report dated October 3, 2011 recommending that a one year
extension be granted for rezoning application RZ/075/09 to permit future
subdivision of 13 single family parcels and 17 multi -family parcels.
1103 DVP/041/06, 24221, 24281, 24361 104 Avenue
Staff report dated October 3, 2011 recommending that the Corporate
Officer be authorized to sign and seal DVP/041/06 to reduce rear yard
setbacks for one family residential use on proposed lots 1-15.
1104 2011-072-DVP, 14205 256 Street
Staff report dated October 3, 2011 recommending that the Corporate
Officer be authorized to sign and seal 2011-072-DVP to vary the maximum
height of 3 retaining walls required to meet post -disaster requirements of
the Building Code.
1105 DP/DVP/116/07, 12075 Edge Street
Staff report dated October 3, 2011 recommending that the Corporate
Officer be authorized to sign and seal DVP/116/07 for variances to front
and exterior side yard setbacks and parking stalls and that the Corporate
Officer be authorized to sign and seal DP/116/07 to permit construction of
a four -storey, wood -frame, 77 unit residential apartment building.
Council Meeting Agenda
October 11, 2011
Council Chamber
Page 5 of 7
1106 Local Area Service Bylaw No. 6860-2011, Hampstead Enhanced
Landscape Maintenance, 13465-13479 229 Loop, 13555-13575 230A
Street and 23020 - 135B Avenue
Staff report dated October 3, 2011 recommending that a Local Area
Service for enhanced landscape maintenance costs be authorized and
further that Hampstead Local Area Service Bylaw No. 6860-2011 be given
first, second and third readings.
Financial and Corporate Services (includinO Fire and Police)
1131 Disbursements for the month ended August 31, 2011
Staff report dated October 3, 2011 recommending that the disbursements
for the month of August 2011 be approved.
1132 Development Cost Charges Imposition Amending Bylaw No. 6865-2011
Staff report dated October 3, 2011 recommending that Maple Ridge
Development Cost Imposition Amending Bylaw No. 6865-2011 to reflect
updates to the capital program be given first, second and third readings.
1133 2012 Permissive Tax Exemptions
Staff report dated October 3, 2011 recommending that Maple Ridge Tax
Exemption Bylaw No. 6863-2011 to exempt certain types of properties
from municipal property taxation be given first, second and third readings.
Community Development and Recreation Service
1151 Award of Tender, Core Park Construction
Staff report dated October 3, 2011 recommending that the contract for the
construction of the Core Park site located west of 222 Street and north of
Church Avenue be awarded to Marten Timmer Excavating Ltd and that the
Corporate Officer be authorized to execute the contract.
1152 Maple Ridge Equestrian Sports Centre License to Occupy Agreement
Staff report dated October 3, 2011 recommending that the Manager,
Legislative Services be authorized to sign the Maple Ridge Equestrian
Sports Centre License to Occupy Agreement
Council Meeting Agenda
October 11, 2011
Council Chamber
Page 6 of 7
Correspondence
1171
Other Committee Issues
1181
1200 STAFF REPORTS
1300 RELEASE OF ITEMS FROM CLOSED COUNCIL
1400 MAYOR'S REPORT
1500 COUNCILLORS' REPORTS
1600 OTHER MATTERS DEEMED EXPEDIENT
1700 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETING
1800 QUESTIONS FROM THE PUBLIC
Council Meeting Dda
October 11,2O11
Council Chamber
Page 7 of 7
1900 /4IDOURWfNT
OLIES7k}NPER/O0
The purpose of the Question Period is to provide the public with an opportunity to
ask questions of Council on iterns that are offconcern to them. with the exception of
Public Hearing by-laws which havenot yet reached conclusion,
Council will not tolerate any derogatory :*noorka directed at Council or staff
members.
Each person will be permitted 2 minutes to ash their question (8 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 heahngs,
delegations and community forum. The public may also make their views known to
Council by writing or via email and byattending open h0uses, workshops and
information meetings. Serving on an Advisory Committee is at) excellent way to
have a voice in the future of this community.
For more information on these opportunities contact:
Clerk's Department st8O4'463-5221or
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
DEVELOPMENT AGREEMENTS COMMITTEE
MINUTES
September 6, 2011
Mayor's Office
PRESENT:
Ernie Daykin, Mayor
Chairman
J.L. (Jim) Rule, Chief Administrative Officer
Member
1. SD/O91/1O
LEGAL:
LOCATION:
OWNER:
REQUIRED AGREEMENTS:
Amanda Allen, Recording Secretary
Lot A, Section 10, Township 12, New Westminster
District, Plan 7408
24371 112 Avenue
David & Hazel Motick.
Statutory Right -of -Way Access & Municipal Services
THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING
DOCUMENT AS IT RELATES TO SD/O91/1O.
CARRIED
J.L. (Jim) Rule, Chief Administrative
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DATE: Aug 19, 2011 FILE: SD/091/10 BY: PC
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
DEVELOPMENT AGREEMENTS COMMITTEE
MINUTES
September 8, 2011
Mayor's Office
PRESENT:
Ernie Daykin, Mayor
Chairman
J.L. (Jim) Rule, Chief Administrative Officer
Member
1. LYCAN, RANDALL & ERIN OBERMAN
Amanda Allen, Recording Secretary
LEGAL: Lot 1, Section 16, Township 12, New Westminster
District, Plan 83677
LOCATION: 23995 119B Avenue
OWNER: Randall Lycan & Erin Oberman
REQUIRED AGREEMENTS: Release of Covenant AC304897
THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING
DOCUMENTS AS IT RELATES TO RANDALL LYCAN & ERIN OBERMAN.
Ernie
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CORPORATION OF
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DATE: Sep 8, 2011 FILE: Untitled BY: JV
SCALE 1:1,000
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CORPORATION OF THE DISTRICT OF MAPLE RIDGE
DEVELOPMENT AGREEMENTS COMMITTEE
MINUTES
September 8, 2011
Mayor's Office
PRESENT:
Ernie Daykin, Mayor
Chairman
J.L. (Jim) Rule, Chief Administrative Officer
Member
1. KHATAMI, MOHAMMAD-ALI & BEHJAT BEHESHTIAN
Amanda Allen, Recording Secretary
LEGAL: South West Quarter Section 32, Township 12, Except:
Firstly: Parcel A shown red on Plan in Absolute Fees
Parcel Book Volume 12, Folio 299 No. 5025F; Secondly:
Part Subdivided by Plan 13709; Thirdly: Parcel 25
(Reference Plan 17120); Fourthly: Part Subdivided by
Plan 23511 and Fifthly: Part Subdivided by Plan 70093,
Sixthly: Part Subdivided by Plan 85759; Seventhly: Part of
Plan BCP30872, New Westminster District.
LOCATION: 22679 136 Avenue
OWNER: Mohammad -Ali Khatami & Behjat Beheshtian
REQUIRED AGREEMENTS: Statutory Right -of -Way (Storm)
THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING
DOCUMENTS AS IT RELATES TO MOHAMMAD-ALI KHATAMI & BEHJAT BEHESHTIAN.
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PLANNING DEPARTMENT
DATE: Sep 7, 2011 FILE: Untitled BY: DT
District of
Langley
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
DEVELOPMENT AGREEMENTS COMMITTEE
MINUTES
September 9, 2011
Mayor's Office
PRESENT:
Ernie Daykin, Mayor
Chairman
J.L. (Jim) Rule, Chief Administrative Officer
Member
1. 2011-046-SD
LEGAL:
LOCATION:
OWNER:
Amanda Allen, Recording Secretary
Lot 2, Section 28, Township 12, New Westminster
District, Plan LMP35466
13400 block of 236 Street
Atlantic Pacific Land Corporation
REQUIRED AGREEMENTS: Subdivision Servicing Agreement
Statutory Right -of -Way (Drainage)
Covenants: Storm Detention/Groundwater Infiltration;
Tree Protection; Geotechnical
THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING
DOCUMENTS AS THEY RELATE TO 2011-046-SD.
CARRIED
J.L. (Jifn) Rule, Chief Administrative Officer
Member
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CORPORATION OF
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SCALE 1:2,500
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DATE: May 2, 2011
FILE: 2011-046-SD BY: PC
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
DEVELOPMENT AGREEMENTS COMMITTEE
MINUTES
September 13, 2011
Mayor's Office
PRESENT:
Ernie Daykin, Mayor
Chairman
J.L. (Jim) Rule, Chief Administrative Officer
Member
1. VEENHOF, CORNELIS & DIANNA
LEGAL:
LOCATION:
OWNER:
REQUIRED AGREEMENTS:
Amanda Allen, Recording Secretary
Lot 3, Section 28, Township 12, New Westminster
District, Plan 20363
23452 Dogwood Avenue
Cornelis & Dianna Veenhof
Covenant - Floodplain
THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING
DOCUMENTS AS IT RELATES TO CORNELIS & DIANNA VEENHOF.
CARRIED
J.L. (Jir�Fr) Rule, Chief Administrative Officer
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LICENSES, PERMITS &BYLAWS DEPT.
DATE: Sep 12, 2011 FILE: Untitled BY: JP
SCALE 1:2,500
FAAsER
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
DEVELOPMENT AGREEMENTS COMMITTEE
MINUTES
September 14, 2011
Mayor's Office
PRESENT:
Ernie Daykin, Mayor
Chairman
J.L. (Jim) Rule, Chief Administrative Officer
Member
1. SD/084/10
Amanda Allen, Recording Secretary
LEGAL: Lot 1, Section 10, Township 12, New Westminster
District, Plan 10921, Except Plan BCP48970; and
Lots 11 & 12, Both of Section 10, Township 12, New
Westminster District, Plan 60927, Except Plan BCP48970
LOCATION:
REQUIRED AGREEMENTS
24221, 24281, & 24361 104 Avenue
Silver Valley Project Ltd.
Subdivision Servicing Agreement
Covenants: Geotechnical; Sump Pump;
Statutory Right -of -Way (Drainage)
THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING
DOCUMENTS AS THEY RELATE TO SD/084/10.
CARRIED
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Langley PLANNING DEPARTMENT
SCALE 1:2,500 L
DATE: Sep 23, 2010 FILE:SD/084/10 BY: PC
- =- F19HSER R..µ-..- �1
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
DEVELOPMENT AGREEMENTS COMMITTEE
MINUTES
September 16, 2011
Mayor's Office
•Cwalk"
Ernie Daykin, Mayor
Chairman
J.L. (Jim) Rule, Chief Administrative Officer
Member
1. RZ/107/05 & DP/107/08 & SD/106/10
Amanda Allen, Recording Secretary
LEGAL: Lot B, Section 16, Township 12, New Westminster
District, Plan LMP30235
LOCATION: 11744 236 Street
OWNER: Joseph & Marilyn Portelance and Alan & Evelyn Davies
REQUIRED AGREEMENTS: Geotechnical Covenant
On -Site Stormwater Management Lots 1 - 8
Habitat Protection Covenant - Lot 1
THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING
DOCUMENTS AS THEY RELATE TO RZ/107/05 & DP/107/08 & SD/106/10.
CARRIED
J.L. (Jh) Rule, Chief Administrative Officer
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City of Pitt
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11744-236 St
�r ti "" * CORPORATION OF
THE DISTRICT OF
MAPLE 4'C r_ to RIDGE MAPLE RIDGE
N District of
Langley { y PLANNING DEPARTMENT
SCALE 1:2,500 j
_ DATE: Jul 7, 2009 RZ/107/05 BY: PC
FRASER R.
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
DEVELOPMENT AGREEMENTS COMMITTEE
MINUTES
September 21, 2011
Mayor's Office
PRESENT:
Ernie Daykin, Mayor
Chairman
Frank Quinn, Acting Chief Administrative Officer
Member Amanda Allen, Recording Secretary
1. RZ/031/08
LEGAL: Lots A & B, both of District Lot 401, Group 1, New
Westminster District, Plan EPP12098
LOCATION: 22606, 22612, 22618 119 Avenue & 11876, 11866
226 Street & 22611 Selkirk Avenue
OWNER: Mainstay Holdings Ltd, Stacks & Decker Developments,
Falcon Homes Ltd.
REQUIRED AGREEMENTS: Rezoning Servicing Agreement
Covenants: Visitor Parking; Shared Parking; Geotechnical
THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING
DOCUMENTS AS THEY RELATE TO RZ/031/08 .
CARRIED
Fra k Quinn, Acting Chief Administrative Officer
M mber
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o #!s CORPORATION OF
THE DISTRICT OF
Cam= MAPLE RIDGE
PLANNING DEPARTMENT
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
DEVELOPMENT AGREEMENTS COMMITTEE
MINUTES
September 21, 2011
Mayor's Office
PRESENT:
Ernie Daykin, Mayor
Chairman
Frank Quinn, Acting Chief Administrative Officer
Member
1. RZ/002/08
Amanda Allen, Recording Secretary
LEGAL: Parcel 129, District Lot 398, Group 1, New Westminster
District, Plan 65880
LOCATION: 11580 223 Street
OWNER: Axxia Management & Consulting & Vetta Enterprises
REQUIRED AGREEMENTS: Rezoning Servicing Agreement
THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING
DOCUMENT AS IT RELATES TO RZ/002/08 .
CARRIED
f
Frai . Quinn, Acting Chief Administrative Officer
Member
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CORPORATION OF
Mn THE DISTRICT OF
MAPLE RIDGE
PLANNING DEPARTMENT
DATE: Jan 4, 2008 RZ/002/08 BY: JV
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
DEVELOPMENT AGREEMENTS COMMITTEE
MINUTES
September 23, 2011
Mayor's Office
PRESENT:
Ernie Daykin, Mayor
Chairman
J.L. (Jim) Rule, Chief Administrative Officer
Member
1. DP/067/10
LEGAL:
LOCATION:
OWNER:
REQUIRED AGREEMENTS:
Amanda Allen, Recording Secretary
Lot 1, District Lot 404 & 408, Group 1, New Westminster
District, Plan BCP46902
23851 Kanaka Creek Road
John & Steve Wynnyk
Enhancement & Protection Agreement
THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING
DOCUMENT AS IT RELATES TO DP/067/10.
CARRIED
J.L. (Jim) le, Chief Administrative Officer
Member
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CORPORATION OF
THE DISTRICT OF
District of =� -� -j MAPLE RIDGE
Langley ` 1 {-` ' s PLANNING DEPARTMENT
SCALE 1:3,000 " F
,., DATE: May 6, 2011 FILE: RZ/067/10 BY: PC
FRRSFR c
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
DEVELOPMENT AGREEMENTS COMMITTEE
MINUTES
September 23, 2011
Mayor's Office
PRESENT:
Ernie Daykin, Mayor
Chairman
J.L. (Jim) Rule, Chief Administrative Officer
Member
1. LAMB, ROBERT & ANGELA
LEGAL:
LOCATION:
OWNER:
REQUIRED AGREEMENTS:
Amanda Allen, Recording Secretary
Lot 193, District Lot 247, Group 1, New Westminster
District, Plan 34509
21466 River Road
Robert & Angela Lamb
Geotechnical Covenant
THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING
DOCUMENT AS IT RELATES TO ROBERT & ANGELA LAMB.
CARRIED
J.L. (Jim) uie, Chief Administrative Officer
Member
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CORPORATION OF
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N
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MAPLE RIDGE
Langley
�
PLANNING DEPARTMENT
DATE: Sep 22, 2011 FILE: Untitled BY: JV
SCALE 1:1,500
4'• '�Il_
-
asFa
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
DEVELOPMENT AGREEMENTS COMMITTEE
MINUTES
September 23, 2011
Mayor's Office
PRESENT:
Ernie Daykin, Mayor
Chairman
J.L. (Jim) Rule, Chief Administrative Officer
Member
1. SD/121/08
LEGAL:
LOCAT►ON:
OWNER:
REQUIRED AGREEMENTS:
Amanda Allen, Recording Secretary
Phased Strata Plan of a portion of Lot 4, Section 32,
Township 12, New Westminster District, Plan BCP43237
13819 232 Street
Insignia Homes Brighton Ltd.
Subdivision Plans - Phase 10
THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING
DOCUMENT AS IT RELATES TO SD/121/08.
F ie Daykin, Mayor
Chair
CARRIED
J.L. (Jim) Rule Chief Administrative Officer
Member
1 oat 1.
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13819 232 STREET
CORPORATION OF
THE DISTRICT OF
N1 District of L r Imo, MAPLE RIDGE
Langley I PLANNING DEPARTMENT
SCALE 1:2.500
l RASER (i, DATE: Jun 3, 2010 FILE: SD/112/08 BY: KK
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
DEVELOPMENT AGREEMENTS COMMITTEE
MINUTES
September 27, 2011
Mayor's Office
PRESENT:
Ernie Daykin, Mayor
Chairman
J.L. (Jim) Rule, Chief Administrative Officer
Member
1. INNERVISIONS RECOVERY SOCIETY.
Amanda Allen, Recording Secretary
LEGAL: Lot 1, District Lot 248, Group 1, New Westminster
District, Plan 83870
LOCATION: 11982 Laity Street
OWNER: Innervisions Recovery Society
REQUIRED AGREEMENTS: Building Development Agreement
THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING
DOCUMENT AS IT RELATES TO INNERVISIONS RECOVERY SOCIETY.
CARRIED
ie aykin, Mayor J.L. (Jir.6) Rule, Chief Administrative Officer
hair Member
WIN
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DEVELOPMENT BOUNDARY
N DISTRICT
OF THE
STRICT OF MAPLE RIDGE
• . ENGINEERING
DEPARTMENT
BUILDING DEVELOPMENT AGREEMENT
REM 1, 11982 LAITY STREET
E08-028-223
SCALE:
N.T.S. DATE: JULY 2011 FILE/DWG No BUILD-0015
Council Workshop Recommendation re: Vacant/Derelict Lots
That staff be requested to provide a report for Council's consideration on a potential course
of action in regards to preventing vacant lots or buildings from becoming neglected and
having deleterious effects on the community.
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6752-2010
A Bylaw to amend Schedule "C" forming part of the
Official Community Plan Bylaw No. 6425-2006 as amended
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 "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:
I. This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending
Bylaw No. 6752-2010
3. Schedule "C" is hereby amended for that parcel or tract of land and premises known and
described as:
Lot 10 Section 17 Township 12 New Westminster District Plan 12197
and outlined in heavy black line on Map No. 801, a copy of which is attached hereto and
forms part of this Bylaw, is hereby amended by adjusting Conservation boundary.
4. Maple Ridge Official Community Plan Bylaw No.6425-2006 is hereby amended accordingly.
READ A FIRST TIME the 30th day of August, A.D. 2011.
READ A SECOND TIME the 301h day of August, A.D. 201.
PUBLIC HEARING HELD the 201h day of September, A.D. 2011.
READ A THIRD TIME the day of A.D. 20 .
RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 20.
PRESIDING MEMBER
CORPORATE OFFICER
1001.1
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NWS 3378
MAPLE
RIDGE OFFICIAL COMMUNITY
PLAN AMENDING
Bylaw No.
6752-2010
Map No.
801
From:
C onservation
To:
Low
—Rise Apartment
N
SCALE 1:1,500
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6751- 2010
A Bylaw to amend Map "A" forming part
of Zoning Bylaw No. 3510 - 1985 as amended.
WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 -
1985 as amended;
NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple
Ridge, in open meeting assembled, ENACTS AS FOLLOWS:
1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6751- 2010."
2. That parcel or tract of land and premises known and described as:
Lot 10 Section 17 Township 12 New Westminster District Plan 12197
and outlined in heavy black line on Map No. 1488 a copy of which is attached hereto
and forms part of this Bylaw, is hereby rezoned to RM-2 (Medium Density Apartment
Residential)
3. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached
thereto are hereby amended accordingly.
READ a first time the 31st day of August, A.D. 2010.
READ a second time the 301h day of August, A.D. 2011.
PUBLIC HEARING held the 20th day of September, A.D. 2011.
READ a third time the day of , A.D. 20 .
APPROVED by the Minister of Transportation this day of , A.D. 20 .
RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 20 .
PRESIDING MEMBER CORPORATE OFFICER
1001.2
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MAPLE
RIDGE ZONE
AMENDING
Bylaw No.
6751 --201
0
Map No.
1488
From:
RS-- 1
(One Family
Urban Residential)
C —3
(Town Centre
Commercial)
To:
RM--2
(Medium Density Apartment Residential)
N
SCALE 1:1,500
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6763 - 2010
A Bylaw to amend Schedule "C" forming part of the
Official Community Plan Bylaw No. 6425-2006 as amended
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 "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. 6763 - 2010
2. Schedule "C" is hereby amended for that parcel or tract of land and premises known and
described as:
Lot 9 Section 19 Township 15 New Westminster District Plan 8097
and outlined in heavy black line on Map No. 802, a copy of which is attached hereto and
forms part of this Bylaw, is hereby amended by adding Conservation.
3, Maple Ridge Official Community Plan Bylaw No.6425-2006 is hereby amended accordingly.
READ A FIRST TIME the 301h day of August, A.D. 2011.
READ A SECOND TIME the 30th day of August, A.D. 2011.
PUBLIC HEARING HELD the 20th day of September, A.D. 2011.
READ A THIRD TIME the day of , A.D. 20 .
RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 20.
PRESIDING MEMBER
CORPORATE OFFICER
1002.1
MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING
Bylaw No. 6763-2010
Map No. 802
From: Suburban Residential
To: ® Suburban Residential
C onservation
MAPLE RID
6rI0s11 calumbfa
N
SCALE 1:4,000
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6764 - 2010
A Bylaw to amend Map "A" forming part
of Zoning Bylaw No. 3510 -1985 as amended.
WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 -
1985 as amended;
NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple
Ridge, in open meeting assembled, ENACTS AS FOLLOWS:
1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6764 - 2010."
2. That parcel or tract of land and premises known and described as:
Lot 9 Section 19 Township 15 New Westminster District Plan 8097
and outlined in heavy black line on Map No. 1495 a copy of which is attached hereto
and forms part of this Bylaw, is hereby rezoned to RS-2 (One Family Suburban
Residential).
3. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached
thereto are hereby amended accordingly.
READ a first time the 12th day of October, A.D. 2010.
READ a second time the 3Oth day of August, A.D. 2011
PUBLIC HEARING held the 2Oth day of September, A.D. 2011.
READ a third time the day of A.D. 20 .
RECONSIDERED AND FINALLY ADOPTED, the day of
PRESIDING MEMBER
,A.D. 20 .
CORPORATE OFFICER
1002.2
Bylaw No
Map No.
From:
To
6764-2010
1495
RS-3 (One Family Rural Residential)
RS-2 (One Family Suburban Residential)
MAPLE RIDGE
N
SCALE 1:4,000
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6831- 2011
A Bylaw to amend Map "A" forming part
of Zoning Bylaw No. 3510 -1985 as amended.
WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 -
1985 as amended;
NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple
Ridge, in open meeting assembled, ENACTS AS FOLLOWS:
1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6831- 2011."
2. Those parcels or tracts of land and premises known and described as:
Lot 8 Section 17 Township 12 New Westminster District Plan 22046
Lot 9 Section 17 Township 12, New Westminster District Plan 22046
Lot 10 Section 17 Township 12 New Westminster District Plan 22046
and outlined in heavy black line on Map No. 1523 a copy of which is attached hereto
and forms part of this Bylaw, are hereby rezoned to RM-2 (Medium Density
Apartment Residential).
3. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached
thereto are hereby amended accordingly.
READ a first time the 14th day of June, A.D. 2011.
READ a second time the 3Oth day of August, A.D. 2011.
PUBLIC HEARING held the 2Oth day of September, A.D. 2011.
READ a third time the day of , A.D. 20 .
RECONSIDERED AND FINALLY ADOPTED, the day of
PRESIDING MEMBER
,A.D. 20 .
CORPORATE OFFICER
1003
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MAPLE RIDGE ZONE AMENDING
Bylaw No. 6831 —201 1
Map No. 1523
From: RS-1 (One Family Urban Residential)
To: RM-2 (Medium Density Apartment Residential)
t111
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Deep Roots District of Maple Ridge
Greater Heights
TO: His Worship Mayor Ernie Daykin MEETING DATE: October 11, 2011
and Members of Council FILE NO: 2011-067-RZ
FROM: Chief Administrative Officer MEETING: Council
SUBJECT: Final Reading:
Zone Amending Bylaw No. 6847-2011
21755 Lougheed Highway
EXECUTIVE SUMMARY:
Bylaw 6847-2011 has been considered by Council and at Public Hearing and was subsequently
granted Third Reading. The applicant has requested that Final Reading be granted. The purpose of
the application is to rezone the subject property from CS-1 (Service Commercial) to C-2 (Community
Commercial), to permit an expansion of uses in the existing building. This application is in
compliance with the Official Community Plan.
RECOMMENDATION:
That Zone Amending Bylaw No. 6847-2011 be adopted.
DISCUSSION:
a) Background Context:
Council considered this rezoning application at a Public Hearing held on August 30, 2011. On
August 30, 2011 Council granted Third Reading to Maple Ridge Zone Amending Bylaw No. 6847-
2011 with the stipulation that the following conditions be addressed:
1. Approval from the Ministry of Transportation.
The following -applies to the above:
1. Approval from The Ministry of Transportation has been received.
CONCLUSION:
As the applicant has met Council's conditions, it is recommended that Final Reading be given to
Maple Ridge Zone Amending Bylaw No. 6847-2011.
1004
Prepared by: Sarah Atkinson
Planning Technician
nn
Approved by., Frank Quinn, MBA, P.Eng
,�, GM: Public Works & Development Services
Concurrence: J. L. (Jim) Rule
Chief Administrative Officer
The following appendices are attached hereto:
Appendix A - Subject Map
Appendix B - Zone Amending Bylaw No. 6847-2011
Appendix C - Site Plan
-2-
T
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213
APPENDIX A
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214
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21755 Lougheed Hwy
41 CORPORATION OF
THE DISTRICT OF
- MAPLE RIDGE
PLANNING DEPARTMENT
DATE: Jun 7, 2011 2011-067-RZ BY: JV
I_1„210191/:l:a
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO.6847-2011
A Bylaw to amend Map "A" forming part
of Zoning Bylaw No. 3510 -1985 as amended.
WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 -
1985 as amended;
NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple
Ridge, in open meeting assembled, ENACTS AS FOLLOWS:
1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6847-2011."
2. That parcel or tract of land and premises known and described as:
Lot 192 District Lot 247 Group 1 New Westminster District Plan 35428
and outlined in heavy black line on Map No. 1534 a copy of which is attached hereto
and forms part of this Bylaw, is hereby rezoned to C-2 (Community Commercial).
3. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached
thereto are hereby amended accordingly.
READ a first time the 26th day of July, A.D. 2011.
READ a second time the 26th day of July, A.D. 2011.
PUBLIC HEARING held the 30th day of August, A.D. 2011.
READ a third time the 30th day of August, A.D. 2011.
APPROVED by the Minister of Transportation this 16th day of September, A.D. 2011.
RECONSIDERED AND FINALLY ADOPTED, the day of
1�:���1�I1►IHJi1�►�il:l�:�
,A.D. 20 .
CORPORATE OFFICER
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MAPLE RIDGE ZONE AMENDING
Bylaw No. 6847-2011
Map No. 1534
From: CS-1 (Service Commercial)
To: C —2 (Community Commercial)
N
SCALE 1:2,000
N DIX C
Deep Roots
Greater Heights
TO:
FROM:
SUBJECT
District of Maple Ridge
His Worship Mayor Ernie Daykin MEETING DATE:
and Members of Council FILE NO:
Chief Administrative Officer MEETING:
First Reading
Maple Ridge Zone Amending Bylaw No. 6867-2011
25467 Bosonworth Avenue
EXECUTIVE SUMMARY:
October 3, 2011
RZ/024/09
CofW
An application has been received to rezone the subject property from RS-3 (One Family Rural
Residential) to RS-2 (One Family Suburban Residential). To proceed further with this application
additional information is required as outlined below.
RECOMMENDATIONS:
That Zone Amending Bylaw No. 6867-2011 be given First Reading; and;
That the applicant provide further information as described on Schedule (A-H) of the Development
Procedures Bylaw No. 5879 - 1999.
DISCUSSION:
a) Background Context:
Applicant: Don Bowins
Owner: John H Buckle, Judy L Duncan, Ty N Vong, Nicole J Buckle
Legal Description: Lot: 6, Block: 3&4, Section: 14, Township: 12, Plan: 17459
A
lia
Existing: Suburban Residential
Zoning:
Existing: RS-3 (One Family Rural Residential)
Proposed: RS-2 (One Family Suburban Residential)
Surrounding Uses:
North: Use:
Single Family Residential in the ALR
Zone:
RS-3 (One Family Rural Residential)
Designation
Agriculture
South: Use:
Single Family Strata
Zone:
RG-2 (Suburban Residential Strata)
Designation:
Suburban Residential
East: Use:
Single Family Residential
Zone:
RS-3 (One Family Rural Residential)
Designation:
Suburban Residential
1101
West: Use:
Zone:
Designation
Existing Use of Property:
Proposed Use of Property:
Site Area:
Access:
Servicing requirement:
b) Site Characteristics:
Single Family Residential
RS-3 (One Family Rural Residential)
Suburban Residential
Single Family Residential
Single Family Residential
2.030 HA. (5 acres)
Bosonworth Avenue
Municipal water and septic field
The subject property slopes from Bosonworth Avenue north to the Agricultural Land Reserve along
the northern property line. The property is currently serviced by well. The development directly to
the south of this property is providing a water connection for this property. The proposed lots will be
serviced by the coming municipal water. Road upgrades are also taking place along Bosonworth
Avenue to ensure adequate access for the proposed development.
Project Description:
The applicant proposes to rezone the subject property from RS-3 (One Family Rural Residential) to
RS-2 (One Family Suburban Residential) to permit subdivision into four lots. The proposed lots will
be serviced by municipal water and onlot septic systems.
At this time the current application has been assessed to determine its compliance with the Official
Community Plan and provide a land use assessment only. Detailed review and comments will need
to be made once full application packages have been received. A more detailed analysis and a
further report will be required prior to Second Reading. Such assessment may impact proposed lot
boundaries and yields, Official Community Plan designations and Bylaw particulars, and may require
application for further development permits.
c) Planning Analysis:
Zoning Bylaw:
The current application proposes to rezone the property located at 25467 Bosonworth Avenue from
RS-3 (One Family Rural Residential) to RS-2 (One Family Suburban Residential) to permit subdivision
into four lots.
Any variations from the requirements of the proposed zone will require a Development Variance
Permit application.
-2-
Development Permits:
Pursuant to Section 8.10 of the Official Community Plan, a Natural Features Development Permit
application is required for all development and subdivision activity to ensure the preservation,
protection, restoration and enhancement for the natural environment and for development that is
protected from hazardous conditions for;
• All areas designated Conservation on Schedule "B" or all areas within 50 metres of an
area designated Conservation on Schedule "B", or on Figures 2, 3 and 4 in the Silver
Valley Area Plan;
• All lands with an average natural slope of greater than 15 percent;
• All floodplain areas and forest lands identified on Natural Features Schedule "C"
d) Interdepartmental Implications:
In order to advance the current application, after First Reading, comments and input, will be sought
from the various internal departments and external agencies listed below:
a) Engineering Department;
b) Operations Department;
c) Fire Department;
d) Parks Department;
The above list is intended to be indicative only and it may become necessary, as the application
progresses, to liaise with agencies and/or departments not listed above.
This application has not been forwarded to the Engineering Department for comments at this time;
therefore, an evaluation of servicing requirements has not been undertaken. We anticipate that this
evaluation will take place between First and Second Reading.
e) Development Applications:
In order for this application to proceed the following information must be provided, as required by
Development Procedures Bylaw No. 5879 - 1999 as amended:
1. A complete Rezoning Application (Schedule B or Schedule C);
2. Watercourse Protection Development Permit Application (Schedule F);
3. Natural Features Development Permit Application (Schedule G);
4. Subdivision Application, as per attached requirements.
The above list is intended to be indicative only, other applications may be necessary as the
assessment of the proposal progresses.
-3-
CONCLUSION:
The development proposal is in compliance with the Official Community Plan, therefore, it is
recommended that Council grant First Reading subject to additional information being provided and
assessed prior to Second Reading. It is expected that once complete information is received, Maple
Ridge Zone Amending Bylaw No.6867-2011 will be amended and an Official Community Plan
Amendment for Conservation boundary adjustment may be required.
The proposed layout has not been reviewed in relation to the relevant bylaws and regulations
governing subdivision applications. Any subdivision layout provided is strictly preliminary and must
be approved by the District of Maple Ridge's Approving Officer.
Prepared by: Sarah Atkinson
Planning Technician
Approve y �— a kering, MCP, MCIP
Oiecto-r� of Planning
Approved by: Frank Quinn, MB E
W: PubIWWorA & 13 velopment Services
Concurrence:
SA/dp
L. (Jim) Rule
lief Administrative Officer
The following appendices are attached hereto:
Appendix A - Subject Map
Appendix B - Zone Amending Bylaw No.6867-2011
Appendix C - Site Plan
4.
- - - - - -- L� APPENDIX A
- - _ 112
N V m
N N N
P 41743
59 P 34100
28
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7 8
SUBJECT PROPERTY
10 I
P 32801
P 35648 P 1 9
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12
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SL66
SL65
SL64
SL63
SL62
SL61
SL60
SL59SL58
SL57
SL56
SL55
EPS 234
SL54
SL53
SL52
SL51
SL50
SL49
EPS 234
SL48
SL47
SL75
N
GODWIN DRIVE
N
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SL45
TSLT9 SL80�
SL34
SL35
SL39
SL40
SL41
SL42
SL43
SL44
SL46
SL38
SL36
SL37
■
i
A
SCALE 01
-J
I
25467 BOSONWORTH AVENUE
iU)
41
CORPORATION OF
I i - THE DISTRICT OF
MAPLE RIDGE
PLANNING DEPARTMENT
DATE: Sep 22, 2011 FILE: DP/024/09 BY: PC
APPENDIX B
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO.6867-2011
A Bylaw to amend Map "A" forming part
of Zoning Bylaw No. 3510 -1985 as amended.
WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 -
1985 as amended;
NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple
Ridge, in open meeting assembled, ENACTS AS FOLLOWS:
1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6867-2011."
2. That parcel or tract of land and premises known and described as:
Lot 6 Block 3 & 4 Section 14 Township 12 New Westminster District Plan 17459
and outlined in heavy black line on Map No. 1545 a copy of which is attached hereto
and forms part of this Bylaw, is hereby rezoned to RS-2 (One Family Suburban
Residential).
3. Maple Ridge Zoning Bylaw No. 3510 -1985 as amended and Map "A" attached
thereto are hereby amended accordingly.
READ a first time the day of , A.D. 20 .
READ a second time the day of
PUBLIC HEARING held the day of
READ a third time the day of
RECONSIDERED AND FINALLY ADOPTED, the
PRESIDING MEMBER
,A.D. 20 .
A.D. 20 .
,A.D. 20 .
day of , A.D. 20 .
CORPORATE OFFICER
MAPLE RIDGE ZONE AMENDING
Bylaw No. 6867-2011
Map No. 1545
From: RS-3 (One Family Rural Residential)
To: RS-2 (One Family Suburban Residential)
�'�
N
SCALE 1:2,500
APPENDIX C
BENCHMARK
CONTROL MONUMENT BOH13M
LOCATED AT IT; AVENUE AND 805ONWURTH AVENUE
ELEVATION• 108.19m (STAN `NADE�
E-nSTma m� DITCH
PROPOSED C URUTY POLE
SIM* SEWER STY FIRE HYDRAN
SANITARY SEWFDR SAN RON PIN
DAS BASEMENT EI
D.K. BOWINS &ASSOCIATES INC.
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TYATER */w EDGE DF PA)
ulHur., ecH. DEwALX
8955 EMIRY STREET. MISSION. B.C. V4S IAB
FAX: W4-8264399. FA%:6BF8263318
EMAIL: OSo-Akie(gnn.w.w
U 0. TELEPHONE B.Gi SURVEY VON
-MMOEE —f} SAN. MSPEC'
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OR VALVE G ¢
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Date
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BY
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— .—.q .M —,v iT IA. Rr ., of D.R. I —NB # ASS .— Inc. — cannot D. -.0. I-M. a r.prnR. -- — —.1- 1-1 aT .— cwn Y.
District of Maple Ridge
Deep Roots
Greater Heights
TO: His Worship Mayor Ernie Daykin MEETING DATE: October 3, 2011
and Members of Counc'l FILE NO: RZ/075/09
FROM: Chief Administrative Officer MEETING: C of W
SUBJECT: Rezoning - First Extension
Maple Ridge Zone Amending Bylaw No.6737 - 2010
23553 Larch Avenue
EXECUTIVE SUMMARY:
The applicant for the above noted file has applied for an extension to this rezoning application under
Maple Ridge Development Procedures Bylaw No. 5879-1999. This application is to rezone the
subject property from RS-3 (One Family Rural Residential) to R-1 (Residential District) and RST-SV
(Street Townhouse -Silver Valley) to permit a future subdivision of 13 Single Family parcels and 17
Multi -Family parcels (street townhouse units in duplex and triplex forms).
RECOMMENDATION:
That a one year extension be granted for rezoning application RZ/075/09 and that the following
conditions be addressed prior to consideration of final reading:
Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt
of the deposit of security as outlined in the Agreement;
Registration of a Geotechnical Report as a Restrictive Covenant which addresses the
suitability of the site for the proposed development;
iii. Registration of a Restrictive Covenant for the Duplex Design to regulate the form and
character of these units;
iv. Road dedication as required;
V. Restoration and rebuilding of the existing Equestrian Trail and retaining it for better
pedestrian connectivity as a multi -purpose walkway for public;
vi. Park dedication or market value of 5% of the land as required, including construction
of walkways and/or equestrian trail.
vii. Pursuant to the Contaminated Site Regulations of the Environmental Management Act,
the subdivider will provide a Site Profile for the subject land.
-1-
1102
DISCUSSION:
a) Background Context:
Applicant: Slade Dyer of Bowins & Dyer Management Inc.
Owner: 0782937 BC LTD
Legal Description: Parcel "C" (Reference Plan 1804 "A") of the North West Quarter
of Section 28 Township 12 New Westminster District, Except:
Part on Plan LMP35465; PID: 002-021-315.
OCP:
Existing: Med/High Density Residential
Zoning:
Existing: RS-3 (One Family Rural Residential)
Proposed: R-1 (Residential District),
RST-SV (Street Townhouse -Silver Valley)
Surrounding Uses
North:
Use:
Single Family Residential
Zone:
RS-1b (One Family Urban Residential -Medium Density) and
R-1(Residential District)
Designation
Medium Density Residential and Medium High Density
Residential
South:
Use:
Single Family Residential
Zone:
RS-2 (One Family Suburban Residential) and
RS-3 (One Family Rural Residential)
Designation:
Medium High Density Residential
East:
Use:
Single Family Residential
(*proposed Multi -Family Residential RZ/05/08)
Zone:
R-1(Residential District); RS-2 (One Family Suburban
Residential); RS-3 (One Family Rural Residential)
*Proposed RM-1(Townhouse Residential)
Designation:
Medium High Density Residential
West:
Use:
Vacant
Zone:
RS-3 (one Family Rural Residential)
Designation:
Medium High Density Residential
Existing Use of Property: Vacant
Proposed Use of Property: Single Family Residential and Multi -family Residential
Site Area: 1.480 HA (3.7acres)
Access: 133rd Avenue Extension, Larch Avenue, 236t" Street.
Servicing requirement: Full Urban
Previous Applications: None
This application is to permit a future subdivision of 13 Single Family parcels and 17 Multi -Family
parcels (street townhouse units in duplex and triplex forms).
WA
The following dates outline Council's consideration of the application and Bylaw 6737 - 2010:
• First Reading was granted on May 25, 2010.
• Second Reading was granted on August 31, 2010.
• Public Hearing was held on September 21, 2010.
• Third Reading was granted on October 12, 2010.
Application Progress:
The applicant is working on finalizing the legal documents (items i, ii, iii, iv above) with the solicitor.
Item vi (cash in lieu for park dedication) was approved by Council recently. It is anticipated that the
remaining items will be executed in the next few months and Final Reading will be requested for
Zone Amending Bylaw #6737-2010.
Alternatives:
Council may choose one of the following alternatives:
1. grant the request for extension;
2. deny the request for extension; or
3. repeal third reading of the bylaw and refer the bylaw to Public Hearing.
CONCLUSION:
The applicant has been actively pursuing the completion of this rezoning application and has applied
for a one year extension. It is anticipated that within the next few months final consideration will be
applied for.
Prepared by: Rasika Acbbrya, B-Arch, M-Tech, UD, LEEDS AP
Planner
proved �ti y. ne P'ekering, M , MCIP
Diror[ar�
Approved by.` Frank Quinn, MBA, n
G Public r & De elopment Services
Concurrence: J.LI(Jim) Rule
CtAef Administrative Officer
The following appendices are attached hereto:
Appendix A - First Reading Report
-3-
r�
Deep Roots
Greater Heights
TO:
FROM:
SUBJECT:
DISTRICT OF MAPLE RIDGE
His Worship Mayor Ernie Daykin
and Members of Council
Chief Administrative Officer
Second Reading
APPENDIX A
DATE: August 19, 2010
FILE NO: RZ/075/09
ATTN: C of W
Maple Ridge Zone Amending Bylaw No.6737 - 2010
23553 LARCH AVENUE
EXECUTIVE SUMMARY:
On May 25, 2010 Council gave first reading to rezone the subject property from RS-3 (One Family
Rural Residential) to R-1(Residential District) and RST-SV (Street Townhouse -Silver Valley) to permit
a future subdivision of 13 Single Family parcels and 17 Multi -Family parcels (street townhouse units
in duplex and triplex forms). It was recommended in the 1st reading report dated May 10, 2010,
that the applicant provide further information as described on Schedule C, D, E & G of the
Development Procedures Bylaw No. 5879 - 1999 prior to being considered for 2nd reading and
proceeding to the Public Hearing. The applicant has completed this recommendation, hence this 2"c
reading report for Council consideration.
The subject property is designated Medium/High Density Residential in the Silver Valley Area Plan.
The proposed R-1 (Residential District) and RST-SV (Street Townhouse -Silver Valley) zoning aligns
with this land use designation.
RECOMMENDATIONS:
1. That Zone Amending Bylaw No. 6737 - 2010 be given second reading and be forwarded to
Public Hearing; and
2. That the following terms and conditions be met prior to final reading.
Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and
receipt of the deposit of security as outlined in the Agreement;
Registration of a Geotechnical Report as a Restrictive Covenant which addresses
the suitability of the site for the proposed development;
iii. Registration of a Restrictive Covenant for the Duplex Design to regulate the form
and character of these units;
iv. Road dedication as required;
V. Restoration and rebuilding of the existing Equestrian Trail and retaining it for
better pedestrian connectivity as a multi -purpose walkway for public;
vi. Park dedication or market value of 5% of the land as required, including
construction of walkways and/or equestrian trail.
vii. Pursuant to the Contaminated Site Regulations of the Environmental Management
Act, the subdivider will provide a Site Profile for the subject land.
DISCUSSION:
a) Background Context:
Applicant: Slade Dyer of Bowins & Dyer Management Inc.
Owner: 0782937 BC LTD
Legal Description: Parcel "C" (Reference Plan 1804 "A") of the North West Quarter
of Section 28 Township 12 New Westminster District, Except:
Parton Plan LMP35465; PID: 002-021-315.
OCR
Existing:
Zoning:
Med/High Density Residential
Existing: RS-3 (One Family Rural Residential)
Proposed: R-1(Residential District),
RST-SV (Street Townhouse -Silver Valley)
Surrounding Uses
North: Use: Single Family Residential
Zone: RS-1b (One Family Urban Residential -Medium Density) and
R-1(Residential District)
Designation Medium Density Residential and Medium High Density
Residential
South: Use: Single Family Residential
Zone: RS-2 (One Family Suburban Residential) and
RS-3 (One Family Rural Residential)
Designation: Medium High Density Residential
East: Use: Single Family Residential
(*proposed Multi -Family Residential RZ/05/08)
Zone: R-1(Residential District); RS-2 (One Family Suburban
Residential); RS-3 (One Family Rural Residential)
*Proposed RM-1(Townhouse Residential)
-2-
Designation: Medium High Density Residential
West: Use: Vacant
Zone: RS-3 (one Family Rural Residential)
Designation: Medium High Density Residential
Existing Use of Property: Vacant
Proposed Use of Property: Single Family Residential and Multi -family Residential
Site Area: 1.480 HA (3.7acres)
Access:, 133,11 Avenue Extension, Larch Avenue, 236th Street.
Servicing requirement: Full Urban
b) Project Description:
The subject site consists of a 3.7 acre lot, west of 236th Street in Silver Valley. The applicant is
proposing to rezone the subject property located at 23553 Larch Ave from RS-3 (One Family Rural
Residential) to R-1 (Residential District) and RST-SV (Street Townhouse -Silver Valley) to permit the
future subdivsion of 13 single family lots and 17 street townhouses in duplex and triplex design. An
easement and maintenance agreement will be registered on the street townhouse lots at the
subdivision stage to ensure that all joint servicing and maintenance issues are addressed prior to
occupancy. These street townhouse buildings are designed to have the appearance of a townhouse
while also providing a more individualized style for each unit. Concurrent applications include a
Subdivision application to create the proposed lots; Development Permit application to regulate form
and character of the street townhouse units; Development Variance Permit application for the
variance requested and a Natural Features Development Permit to protect, restore and stabilize
some portions of the land that have an average natural slope of greater than 15 percent.
This year a number of street improvement options involving Larch Avenue and 236th Street were
presented at the Council Workshop. This application includes the construction of part of Larch
Avenue. Staff is in discussion with the neighbouring property owner to advance the construction of
Larch Avenue from 236th Street.
c) Planning Analysis:
Official Community Plan:
The development site is within the Silver Valley Area Plan of the Official Community Plan. The
development of Silver Valley is based on principles associated with achieving a complete community
with good pedestrian linkages. Within the Silver Valley Area Plan, the subject site falls between
Forest Hamlet and River Village. It is designated Medium High Density Residential in the Silver Valley
Area Plan. The proposed R-1 (Residential District) and RST-SV (Street Townhouse -Silver Valley)
zoning aligns with this land use designation.
Zoning Byla :
Two zones have been proposed: R-1 (Residential District) for 13 single family lots and RST-SV
(Street Townhouse -Silver Valley) for 17 street townhouses. The proposed R-1 (Residential District)
zone requires a minimum lot size of 371 m2; a minimum lot width of 12 meters and a minimum lot
-3-
depth of 24 meters. The proposed 13 single family lots comply with this and range in size from 372
m2 to 607 m2.
The minimum lot size, lot depth and lot width for the proposed RST-SV (Street Townhouse -Silver
Valley) zone depends on a rear lane access and lot location with respect to a street or lane (interior,
exterior or exterior lot on Street corner). All the proposed lots comply with the minimum lot size, lot
width and lot depth required for the proposed zone. The proposed RST-SV (Street Townhouse -Silver
Valley) zone also specifies that the common walls between units must be adjoined to the full length
of the interior side wall of the neighbouring unit. This requires a variance as stated below as some
units have been staggered.
Variances to the Zoning_L3ylaw:
The applicant is seeking the following variance to the RST-SV (Street Townhouse) zone:
• Variance to Section 601E (6.0) Setbacks (1) Interior Side: requiring the full length of the
interior side wall of the principal dwelling and garage is adjoined to the full length of a
neighbouring building. Lot 3, 4, 24, 25 and 26 (Appendix C) require a variance as they do not
comply with this requirement due to the staggered common party walls;
This will be the subject of a future Council report.
Development Permits:
Pursuant to Section 8.7 of the Official Community Plan, a Multi -Family Development Permit
application is required to ensure the current proposal enhances existing neighbourhoods with
compatible housing styles that meet diverse needs, and minimize potential conflicts with
neighbouring land uses. A Development Permit application (DP/075/09) has been submitted for the
triplex unit on Lot 24 (Appendix C). This will be the subject of a future Council report.
Pursuant to Section 8.10 of the Official Community Plan, a Natural Features Development Permit
application is required for all development and subdivision activity for;
• All areas designated Conservation on Schedule "B" or all areas within 50 meters of an
area designated Conservation on Schedule "B";
• All lands with an average natural slope of greater than 15 percent;
• All floodplain areas and forest lands identified on Natural Features Schedule "C"
According to the District's mapping system, this property has an average natural slope of greater
than 15 percent. A Natural Features Development Permit application (DP/058/10) has been
submitted for review.
Advisory Design Panel:
On August 10, 2010 the Advisory Design Panel reviewed the proposal for form and character. There
were several concerns, questions and comments raised by the panel due to inconsistency in the
architectural drawings presented and unresolved issues about form, design, building code, and on-
!L!
site storm water management, erosion sediment control and drainage. The panel recommended the
following through a resolution:
The following concerns be addressed and digital versions of revised drawings & memo be submitted
to Planning staff; and further that Planning staff forward this on to the Advisory Design Panel for
information.
• Revise the drawings to ensure consistency between the renderings and drawings;
architectural, landscape and pencil;
• Landscaping plan be prepared indicating sidewalks, and street tree locations on Larch
Avenue;
• Resolve fire separation issues relative to form and character;
• Provide a roof plan showing resolution of roof slopes and drainage in relation to form and
character;
• These comments refer to the triplex plans however should be considered and reviewed in
relation to the duplex plans by the applicant.
The applicant has not completed the request of the Design Panel; several issues remain to be
addressed for the duplex units which will have a Design Covenant and for the triplex unit which will
be covered through a Multi -Family Development Permit. This will be the subject of a future report to
Council.
Dgvelopment Information Meeting:
In accordance with Council Policy 6.20 a Development Information Meeting was required for this
proposal as more than 21 units/ parcels are proposed. On August 11, 2010 the applicant and his
team of consultants held the "Development Information Meeting' at "Maple Ridge Eagles Hall",
23461 Fern Crescent from 6:30 to 8:30 pm. As per Council Policy 6.20, invitations were mailed to
qualifying property owners, advertisements were placed in the local paper and a notice was
attached to the development sign on site. All the proposed drawings were displayed for all interested
residents. This meeting was attended by approximately 16 people who had several comments and
concerns. Comments from this meeting were:
• Increased traffic on 236th Street and traffic impacts at the intersections of 1331d Avenue
and 236th Street; Fern Crescent and 236th Street. This included concerns over sidewalks;
• Schools in the Silver Valley area and this development further impacting the school
scenario;
• A preference to have more park area to accommodate the existing residents;
• Storm drainage on 236th Street with respect to previous flooding on the southern
property;
I&M
G Maintaining the Horse Trail on Larch Avenue, during and after construction and a desire
to keep it for multi -purpose use as a good access to the Shull Trail as the Greg Moore
Trail (north of 233rd Street) is not completed and open to public yet;
• Questions related to proposed lot value, unit value, construction timing, future
construction of Larch Avenue to the west and site servicing;
d) Citizen/Customer Implications:
Any neighbourhood concerns about this proposal may be expressed at the Public Hearing.
e) Interdepartmental Implications:
Engineering Depa_rtrnent:
The Engineering Department reviewed the proposal and determined that all the required off -site
services do not exist. The deficient services which are required to be provided through a Rezoning
Servicing Agreement include the following: road dedication for Larch Avenue, 233rd Street; off -site
upgrades like sidewalk, street trees, curb, gutter, etc. The Sanitary and Storm sewer needs to be
extended along Larch Avenue to the west of the boundary of the subject site. The municipal water
system must be reviewed by the applicant and upgraded if found inadequate for fire flow quantity
and pressure required for the proposed density.
Building Department:
The Building Department reviewed the proposal and has the following comments:
• Party walls between units must be constructed as firewalls and meet all the applicable BCBC
requirements for firewalls;
• Roof overhangs are not permitted to encroach beyond firewalls onto adjacent lots;
• Lots 3,4,24,25 and 26 proposing building faces that are offset from the adjacent units must
be non-combustible construction with non-combustible cladding due to spatial separation
and the zero meter setback;
• Lot grading plan must provide retaining wall details for single and tiered walls including
construction material specification and typical sections;
• Any on -lot storm water management systems must be identified on each lot.
These must be resolved before Subdivision approval and the issuance of a Building Permit.
Parks & Leisure Services Department_
The Parks & Leisure Services Department have confirmed that the existing Equestrian Trail in the
Larch Avenue road right-of-way will no longer be an Equestrian route, however the existing trail
shall be retained for better pedestrian connectivity as a walkway. If this existing trail is disturbed
due to any servicing works/ upgrades, a new trail for pedestrian use is to be built and restored.
s-V
The Parks & Leisure Services Department have identified that after the subdivision is completed
they will be responsible for maintaining the street trees. In the case of this project it is estimated
that there may be an additional 35 trees which is based on the landscape plan dated September
2009 by DMG Landscape Architects; final subdivision design will provide exact numbers. The
Manager of Parks & Open Space has advised that the maintenance requirement of $25.00 per
new tree will increase their budget requirements by $ 875.00.
Fire Department:
The Fire Department has reviewed the proposal and has no concerns with it except a reminder that
access and visibility of fire hydrants must be maintained especially as the corner lots are best
locations for these.
f) School District Comments:
A referral was sent to the School District Office on July 27, 2010 and no comments were received.
g) Canada Post Comments:
A referral was sent to the Canada Post Corporation on July 27, 2010. They have requested that a
small portion of the 2331d Street road right-of-way be utilized by Canada Post to install Community
Mailboxes to effectively supply convenient and safe mail delivery to the citizens of Maple Ridge. They
have sent a plan showing the preferred location which is close to Lot 18 (Appendix C).
h) Intergovernmental Issues:
Local Government Act:
An amendment to the Official Community Plan requires the local government to consult with any
affected parties and to adopt related bylaws in compliance with the procedures outlined in Section
882 of the Act. There is no amendment to the Official Community Plan for this development
proposal.
i) Environmental Implications:
A Natural Features Development Permit will be required for this proposal as this property has an
average natural slope of greater than 15 percent. A Natural Features Development Permit
application (DP/058/10) has been submitted for review. Prior to approval of the Natural Features
Development Permit the applicant/ developer will post refundable security with the District for any
enhancement, slope stabilizing and landscaping works based on a planting plan and cost -estimate
by the Environmental Monitor.
MAI
CONCLUSION:
The proposal is in compliance with the Official Community Plan, however requires a Development
Variance Permit, Development Permit and a Natural Features Development Permit as described in
the report. Several concerns and questions raised by the Advisory Design Panel have to be yet
addressed by the applicant and will be noted in a future Development Permit report.
Prepared by: Rasika Acharya, B-Arch, M-Tech, LID, LEED® AP
Planner
Ap over! by: �a-rZe ering, M , MCIP
Director of Planning
A
ng
%GM:Public Works & ❑ev, op ent Services
Concurrence: J. L. (Jim) Rule
Chief/Administrative Officer
r�
RA / RZ
The following appendices are attached hereto:
Appendix A - Subject Map
Appendix B - Zone Amending Bylaw 6737 - 2010
Appendix C - Proposed Subdivision Sketch and Site Plan
Appendix D - Proposed Landscape Plan
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PLANNING DEPARTMENT
BY: PC
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO.6737 - 2010
A Bylaw to amend Map "A" forming part
of Zoning Bylaw No. 3510 -1985 as amended.
WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 -
1985 as amended;
NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple
Ridge, in open meeting assembled, ENACTS AS FOLLOWS:
1.
2
3,
This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6737 - 2010."
That parcel or tract of land and premises known and described as:
Parcel "C" (Reference Plan 1804 "A") of the North West Quarter of Section 28
Township 12 New Westminster District, Except: Part on Plan LMP35465
and outlined in heavy black line on Map No. 1484, a copy of which is attached hereto
and forms part of this Bylaw, is hereby rezoned as shown.
Maple Ridge Zoning Bylaw No. 3510 -1985 as amended and Map "A" attached
thereto are hereby amended accordingly.
READ a first time the 25th day of May, A.D. 2010.
PUBLIC HEARING held the day of , A.D. 20 .
READ a second time the day of , A.D. 20 .
READ a third time the day of , A.D. 20 .
RECONSIDERED AND FINALLY ADOPTED, the day of
PRESIDING MEMBER
,A.D. 20 .
CORPORATE OFFICER
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MAPLE RIQGE
Bri[i5h C9lUmbiaDISTRICT OF MAPLE RIDGE
TO: His Worship Mayor Ernie Daykin MEETING DATE: October 3, 2011
and Members of Council FILE NO: DVP/041/06
FROM: Chief Administrative Officer MEETING: Cow
SUBJECT: Development Variance Permit
24221, 24281, 24361104 Avenue
EXECUTIVE SUMMARY:
A Development Variance Permit application has been received to reduce the rear yard setback for
one family residential use from the required 8 metres to 6 metres on proposed lots 1-15. It is
recommended that Developmment Variance Permit VP/041/06 be approved.
RECOMMENDATION:
That the Corporate Officer be authorized to sign and seal DVP/041/06 respecting properties located
at 24221 104 Avenue, 24281 104 Avenue and 24361 104 Avenue.
DISCUSSION:
a) Background Context
Applicant:
Damax Consulting
Owner:
Silver Valley Projects Ltd.
Legal Description:
Lot: 1, Section: 10, Township: 12, Plan: 10921
Lot: 11, Section: 10, Township: 12, Plan: 60927
Lot: 12, Section: 10, Township: 12, Plan: 60927
OCP:
Existing:
Conservation, Medium Density Residential
Proposed:
Conservation, Medium Density Residential
Zoning:
Existing:
RS-3 (One Family Rural Residential)
Proposed:
R-1 (Residential District),
RS-1(One Family Urban Residential)
Surrounding Uses
North:
Use:
Conservation
Zone:
RS-1b (One Family Urban (medium density)
Residential)
Designation
Conservation
South:
Use:
Single Family Residential
Zone:
RS-1b (One Family Urban (medium density)
Residential), R-3 (Special Amenity Residential District)
Designation:
Medium Density Residential
East:
Use:
Single Family Residential
Zone:
RS-3 (One Family Rural Residential)
Designation:
Conservation, Medium Density Residential
West:
Use:
Single Family Residential
Zone:
RS-3 (One Family Rural Residential)
Designation:
Conservation, Medium Density Residential
1103
Existing Use of Property:
Proposed Use of Property:
Site Area:
Access:
Servicing:
Previous Applications:
Requested Variance:
b) Project Description:
Single Family Residential, Vacant
Single Family Residential
5.025 HA (12.4 acres)
104th Avenue, new extension of 244th Street
Full Urban
RZ/041/06
To reduce rear yard setbacks on proposed lots 1-15
The entire subject property is approximately 5 hectares in size; however, the actual development
area covered under this application is approximately 1.94 hectares (4.7 acres) in size. The new
residential lots proposed are located at the center parcel abutting 104th Avenue, while
accommodating the two existing dwellings on the subject properties; one located on the west
property line of the site and the other just east of the newly proposed lots for approximately 36 total
lots. There is also an existing lean-to at the approximate center of the subject site on proposed
conservation land that will be removed prior to subdivision.
The applicant proposes a reduction in the rear yard setback for one family residential use from the
required 8 metres to 6 metres.
c) Planning Analysis:
The reduced setback variance is required to provide a better building envelope for these lots. The
variance is supportable because proposed lots 1-15 back onto parkland and so will not have a
negative impact on neighbouring properties.
d) Alternatives:
If the variance is not supported the applicant will be required to comply with the required 8 metre
rear yard setback on all proposed lots.
CONCLUSION:
It is recommended that this application be favourably considered and the Corporate Officer be
authorized to sign and seal DVP/041/06.
Prepared by. Sarah Atkinson
Planr*ng Technician
ppro►+ed_by. t J�Iering'h9-CP, MCIP
L
Approved by Frank Quinn, MBA, P. g
{ PubWWork Dew pment Services
Concurrence. J.IJ (Jim) Role
CAW Administrative Officer
The following app?fidices are attached hereto:
Appendix A - Subject Map
Appendix B - Site Plan
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I 24221, 24281 & 24361 104 AVENUE
i�
�Y� I CORPORATION OF
THE DISTRICT OF
T MAPLE RIDGE
r
A PLANNING DEPARTMENT
DATE: Apr 18, 2008 FILE: VP/041/06 BY: PC
River
i
APPENDIX B
JI
Cl
40
i
District of Maple Ridge
TO: His Worship Mayor Ernie Daykin MEETING DATE:
and Members of Council FILE NO:
FROM: Chief Administrative Officer MEETING:
SUBJECT: Development Variance Permit
14205 256 Street
EXECUTIVE SUMMARY:
October 3, 2011
2011-072-DVP
Cow
A Development Variance Permit application has been received in support of a Building Permit
application for a Field Operations Facility for BC Hydro on the above noted property. The applicant
has a variance for the maximum height of 3 retaining walls that are required to meet the post -
disaster requirements of the Building Code. The variance is supported by the Planning, Engineering
and Building Departments.
RECOMMENDATION:
That the Corporate Officer be authorized to sign and seal 2011-072-DVP respecting property located
at 14205 256 Street.
U]l,Yfl�b�9[�LA
a) Background Context
Applicant: Omicron Canada Inc
Owner: BC Hydro & Power Authority
Legal Description: Lot 7, D.L. 5326, GP 1, NWD Plan LMP41830
OCP:
Existing: Industrial
Proposed: Industrial
Zoning:
Existing: M-2 (General Industrial)
Proposed: M-2 (General Industrial)
Surrounding Uses
North: Use: Industrial use and Frodo Creek
Zone: M-2 (General Industrial)
Designation Industrial
South: Use: Mud Creek and Industrial use south of the creek
Zone: M-2 (General Industrial)
Designation: Industrial
1104
East: Use: Industrial land and Mud Creek
Zone: M-2 (General Industrial)
Designation: Industrial
West: Use: Vacant
Zone: A-2 (Upland Agricultural)
Designation: Rural Resource
Existing Use of Property:
Proposed Use of Property:
Site Area:
Access:
Servicing:
Companion Applications:
Requested Variance:
Vacant
Industrial
3.153 ha (7.8 ac)
256 Street
Rural industrial
2011-072-DP (WPDP)
• Zoning Bylaw No. 3510 - 1985 Part 4, Section 403 (8) Maximum Retaining Wall Height:
to vary the maximum permitted retaining wall height from 1.2m to 3.3m.
b) Project Description:
The owner, BC Hydro, is proposing to construct a Field Operations Facility on this site which has a
very limited developable area. The site is surrounded by watercourses and slopes adjacent to the
south, northwest and west property boundaries and a watercourse across the street frontage at 256
Street. The environmental setback requirements on the site reduce the buildable area of the site
significantly.
In addition, the site was excavated by the previous owner and then filled with material that the
geotechnical engineer has determined to be unsuitable for construction. The Building Code
requirements are that the building cannot be constructed on piles and must be constructed on
material that provides adequate load bearing under both static and earthquake conditions. Allowing
the additional retaining wall height will help to mitigate the need for extensive fill on the site to meet
the slope stability requirements.
c) Planning Analysis:
Zoning Bylaw No. 3510-1985 limits the height of retaining walls to 1.2 metres; however, applicant is
proposing to construct 3 retaining walls located on the north, east and northwest of the buildable
area that will vary in height to a maximum of 3.3m in some sections, as recommended by the
geotechnical engineer.
d) Citizen Implications:
The exposed face of the wall will be internal to the development site and will not be visible from the
street. The entire street frontage, except for the driveway, is protected by a habitat protection
covenant and the existing vegetation will screen any views of the building and retaining walls from
the street.
e) Interdepartmental Implications:
The Building Department has been working with the Geotechnical Engineer regarding the
recommendations contained in his report. The proposed retaining walls were identified to help meet
-2-
the post -disaster requirements of the Building Code for slope stability. The Building Department
supports the height variance.
The Engineering Department has determined there would be no impact on the operation of any
municipal services or roads, and has no objection to the requested variance.
f) Alternatives:
If the additional retaining wall height is not permitted then other development options would have to
be considered. The lot is already constrained by the environmental protection requirements and the
cost to reinstate suitable material would be excessive. A smaller building would not meet the needs
for BC Hydro's facility.
CONCLUSIONS:
It is recommended that this application be favourably considered and the Corporate Officer be
authorized to sign and seal Variance Permit 2011-072-VP.
Prepared by. Ann Edwards, CPT
Senior Planning Technician
Appra ed b - Jane eri OP, MCIP
Direc of PI nning
Approved by Frank Quinn, MBA, P.
Gljll- Nibli rks I
Concurrence: JYJ(im) Rule
f Administrative Officer
AE /
ment Services
The following appendices are attached hereto:
Appendix A - Subject Map
Appendix B - Site Plan
Appendix C - Retaining Wall locations
Appendix D - Building Elevation Plan
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-i of CORPORATION OF
_-- __ ' _ THE DISTRICT OF
MAPLE RIDGE
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District of I _I � �
Langley
lr{ J PLANNING DEPARTMENT
SCALE 1:2,500
- ` - DATE: Sep 21, 2011 2011-072-VP BY: JV
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APPENDIX D
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District of Maple Ridge
Deep Roots
Greater Height
TO: His Worship Mayor Ernie Daykin MEETING DATE:
and Members of Council FILE NO:
FROM: Chief Administrative Officer MEETING:
SUBJECT: Development Permit and Development Variance Permit
12075 Edge Street
EXECUTIVE SUMMARY:
October 3, 2011
DP/DVP/116/07
CofW
The applicant proposes construction of a four -storey, wood -frame, 77 unit residential apartment
building. The current proposal requires variances to Zoning Bylaw 3510-1985. This application is
subject to the Town Centre Development Permit Guidelines as outlined in the 2006 Official
Community Plan.
RECOMMENDATION:
That the Corporate Officer be authorized to sign and seal DVP/116/07 respecting property located
at 12075 Edge Street and further;
That the Corporate Officer be authorized to sign and seal DP/116/07.
DISCUSSION:
a) Background Context:
Applicant: Maclean Homes Brown Road Ltd Graham Maclean
Owner: Upland Project Designs Inc
Legal Description: Lot: A, Section: 20, Township: 12, Plan: BCP48855
OCP:
Existing: Low Rise Apartment
Proposed: Low Rise Apartment
Zoning:
Existing: RS-1 (One Family Urban Residential)
Proposed: RM-2 (Medium Density Apartment Residential)
Surrounding Uses
North: Use:
Single Family Residential
Zone:
RS-1 (One Family Urban Residential)
Designation:
Medium and High-rise Apartment
South: Use:
Commercial
Zone:
C-3 (Town Centre Commercial)
Designation:
Town Centre Commercial
1105
East:
Use: Two -Family Residential
Zone: RT-1(Two Family urban Residential)
Designation: Medium and High-rise Apartment
West: Use:
Zone:
Designation
Existing Use of Property:
Proposed Use of Property:
Site Area:
Access:
Servicing:
Companion Applications:
b) Project Description:
Vacant, Single Family Residential, Multi -Family
Residential
RS-1 (One Family Urban Residential),
RM-2 (Medium Density Apartment Residential)
Medium and High-rise Apartment
Vacant
Multi -Family Residential
3504 m2 (0.87 acre)
Vehicular access from rear lane, main pedestrian access
from corner of Edge Street and Brown Avenue
Full Urban
RZ/078/09
The site has two street frontages, Edge Street and Brown Avenue with a lane located at the rear
(north) of the site. The current application proposes construction of a four storey apartment building
containing 77 units. The site is located within the Town Centre Incentive Area.
The apartment units range in size and include a mix of studio, one and two bedroom units, with and
without dens. The building is a four storey wood frame apartment structure over a one storey
concrete basement parking level. An access ramp to the underground resident parking is located at
the west side of the building off the lane.
The proposed materials for the building are cultured stone at the base of the building with earth tone
Hardie Plank siding with timber and cedar shingles as accent materials. This project takes
advantage of the lot by featuring a prominent entrance at the corner of Edge Street and Brown
Avenue with the rest of the building facing Brown Avenue. The proponent opted to have the highest
turret as the feature element at the entranceway to emphasize the corner with a canopy covering the
entrance along with lower turrets and balconies along the road frontage.
The developer proposes the following variances to Zoning Bylaw 3510-1985;
REQUESTED VARIANCES: Front Yard Setback, Exterior Side Yard Setback, Parking Stalls.
In an attempt to create a more engaged street frontage and increase the amount of usable open
space on the north side of the property, the building is sited slightly southeast on the lot facing
Brown Avenue and Edge Street. The development meets the 7.5m rear yard setback to the east and
exceeds the 7.5m side yard setback to the north.
-2-
• Required Front yard (Edge Street) setback - 7.5m
o Proposed Front yard setbacks:
Corner turret (furthest projection point) - 1.7 m
Principal Building face - 4.03 m
Roof overhang - 3.12 m
• Required Exterior Side (Brown Avenue) setback - 7.5 m
o Proposed Side yard setbacks:
Corner turret (furthest projection point) - 1.6 m
Principal Building face - 5.9 m
Roof overhang - 4.7 m
Balcony Columns - 3.86 m
c) Planning Analysis:
The Low -Rise Apartment use is intended for development in a three to five storey apartment form
where units are accessed from an internal corridor and residential parking is provided underground.
This project meets this criteria as it is four stories in form, units are accessed from an internal
corridor on each floor and parking is provided for underground.
DEVELOPMENT PERMIT AREA:
A North View Town Centre Development Permit is required for all new developments in the area
designated Town Centre. The purpose of the Town Centre Development Permit is to foster building
design that has a strong urban form, reflective of Maple Ridge's heritage characteristics. The Key
Guideline Concepts are as follows:
• Promote north and south view as distinctive, highly liveable multi -family neighbourhoods
The proposal will provide density to the north view precinct and assist in the creation of a liveable
multi -family neighbourhood
• Create a pedestrian friendly, ground oriented, multifamily community
The proposal is for a ground oriented multi family building designed to promote a pedestrian scale
along the street
• Maintain cohesive building styles
The landscaping and street frontage is designed to be consistent with a proposed development
across the road
-3-
• Capitalize on important views
Views are limited from the subject property
• Provide private and semi -private green space
The development proposes private garden space areas for the residents and landscape along the
property line for enhanced streetscape
• Provide climate appropriate landscaping and green features
The landscaping has taken account of the local flora and has provided climate appropriate plantings
• Maintain street interconnectivity
Street connectivity is to be maintained
d) Advisory Design Panel:
On March 11, 2008 the Advisory Design Panel resolved that the current application be supported
and a number of minor concerns be addressed. The applicant has now addressed all of ADP's
concerns.
e) Financial Implications:
In accordance with Council's Landscape Security Policy, a refundable security equivalent to 100% of
the estimated landscape cost will be provided to ensure satisfactory provision of landscaping in
accordance with the terms and conditions of the Development Permit. Based on an estimated
landscape cost the security will be $94,042.00
The number of street trees to be installed has not been determined at this stage. The costs
associated with maintaining these trees will need to be included in a subsequent operating budget.
f) Alternatives:
Under Section 919.1(d) of the Local Government Act and Section 8.11 of the Official Community
Plan the property has been designated a Development Permit Area with special requirements for
Town Centre development. Council approval is required for all development in the Town Centre
Development Permit Area prior to a Building Permit being issued. Council can reject the DP on the
grounds that they feel the Development Permit Guidelines have not been met.
The proposed variances are required in order to proceed with the current development. If Council
does not support the variances the applicant must redesign the building.
-4-
CONCLUSION:
As the development proposal complies with the Town Centre Development Permit Area guidelines of
the Official Community Plan for form and character and the variances requested are supportable, it
is recommended that both DP/116/07 and DVP/116/07 be given favourable consideration.
by: Sarah Atkinson
Planning Technician
f
AP? rove . J%n,0'Nckej%0,WP, MCIP
Djrb&4wof Pinning
Approved t�'y: Frank Quinn, MBA, P.Eng
v GM: Public Works & Dev6lapnM*nt Services
Concurrence: J. L. Jimj Rule
Ch` f Administrative Officer
SA/dp
The following appendices are attached hereto:
Appendix A - Subject Map
Appendix B - Site Plan
Appendix C - Building Elevations
Appendix D - Landscape Plans
-5-
APPENDIX A
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CORPORATION OF
THE DISTRICT OF
1'
MAPLE RIDGE
N District of
Langley �1 PLANNING DEPARTMENT
SCALE 1:1,500' -- - - s -L ��' FRADATE: Sep 19, 2011 FILE: VP/116/07 BY: PC
SEA R.
APPENDIX B
APPENDIX C
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District of Maple Ridge
Deep Roots
Greater Heights
TO: His Worship Mayor Ernie Daykin MEETING DATE: October 3, 2011
and Members of Council FILE NO: 2011-052-SD
FROM: Chief Administrative Officer MEETING: C of W
SUBJECT: Local Area Service Bylaw No. 6860-2011
Hampstead Enhanced Landscape Maintenance
13465-13579 229 Loop, 13555-13575 23OA Street, 23020 -135B Ave.
EXECUTIVE SUMMARY:
The first phase of a 73 lot Eco-Cluster development (Hampstead) by Portrait Homes has recently
been approved for R-1 (Residential District), R-3 (Special Amenity Residential District) and RST
(Street Townhouse Residential) lots located southwest of the Blaney Hamlet in the Silver Valley Area.
Portrait Homes Hampstead Ltd as owner of all the lots has made a formal petition (Appendix "E"), as
per Community Charter, Part 7, Division 5, 211 (1)(a), requesting the District provide a Local Area
Service Bylaw specific to those properties to be created by the subdivision. The service is for
enhanced landscape maintenance of 3 Parkettes located within the road right-of-ways, a pedestrian
trail through park land that connects 2 of the Parkettes, and the road frontages of park lands within
the development. The bylaw would require the future property owners of the 73 lots to pay an
annual fee as a Local Service Tax for enhanced landscape maintenance areas within the
development.
RECOMMENDATIONS:
That a Local Area Service, as formally petitioned by the property owners of 23000 and 23024
136 Avenue, and as per Community Charter, Part 7, Division 5, 211 (1)(a), be authorized for
the enhanced landscape maintenance costs to be levied on the benefitting properties to be
created by subdivision of the land; and further
That Hampstead Local Area Service Bylaw No. 6860-2011 be given First, Second and Third
Readings.
DISCUSSION:
a) Background Context:
This development site is located southwest of the Blaney Hamlet and is designated Eco-Cluster with
67 single family lots and 6 street townhouse units proposed. Within the development, two looped
roads are proposed and all units will front onto "Parkettes" and back onto dedicated Park.
Parkettes are incorporated into the development plan as the focal point of each Eco-Cluster and
they are generally located as a naturalized green space within the road allowance. Roads within
1106
Eco-Clusters are designated as Rural Local Roads in the Silver Valley Area Plan. The road width and
on -street parking requirements for this site were carefully considered to meet the site specific
conditions, the Silver Valley Area Plan road standards, and the Engineering Department and Fire
Department requirements. Development Variance Permit 2011-052-VP was approved by Council on
July 26, 2011 for reduced road right-of-way and carriageway widths.
The subdivision plan for the first phase of this development was approved in August 2011 for lots 1-
40, and the subdivision application for the second phase is currently being reviewed by the Planning
Department (2011-105-SD).
The owner of the adjacent property to the east (23050 136 Avenue) has also submitted a
subdivision application (2011-106-SD). That property was rezoned with this development
(RZ/093/06) and the subdivision has been designed to align with this development and will result in
the completion of the Parkettes. A Local Area Service Bylaw will be required for that property with
the approval of the subdivision.
An Eco-Cluster is defined in the Silver Valley Area Plan as "a group of housing units, condensed
within clearly defined limits, surrounded by open space and linked to other parts of the Silver Valley
community by a single local road" and includes the following principles:
• Condensing housing clusters within clearly defined limits;
• Considering a variety of lot sizes and housing types within the overall site density;
• Proposing minimal site re -grading;
• Incorporating "Parkettes", which serve as green frontage for most units;
• Maximizing retention of existing vegetation;
• Limiting development to areas where existing grades are less than 20%;
• Natural open spaces are connected and continuous, creating wildlife corridors;
• Protecting environmentally sensitive areas through public ownership;
• Retaining and enhancing unique natural features, such as rocky knolls;
• Providing a variety of trails that ensure linkages and connections to surrounding
amenities.
b) Desired Outcome:
The property owners for this development have expressed a desire to establish a Local Area Service
for the enhanced landscape areas of the 3 Parkettes located within the road right-of-ways, a
pedestrian trail through park land that connects 2 of the Parkettes, and the road frontages of park
lands within the development for the 73 benefitting lots that will result from the subdivision. They
have made a formal petition, as per Community Charter, Part 7, Division 5, 211 (1)(a), requesting
the District provide a Local Area Service Bylaw, specific to those properties to be created by the
subdivision.
The developer of the site will be responsible for the enhanced landscaped areas installation and
maintenance costs, ensuring 100% survival, for the first year after completion of planting. The costs
for ongoing maintenance in subsequent years will then be provided by the 73 property owners after
subdivision. The cost recovery method would be the collection of 100% of the enhanced
landscaping maintenance costs as a Local Service Tax.
-2-
c) Hampstead Enhanced Landscape Area Requirements:
The enhanced landscape maintenance areas include 3 Parkettes located within the road right-of-
ways, a pedestrian trail through park land that connects 2 of the Parkettes, and the road frontages
of park lands within the development. These areas are identified on the Bylaw Map.
The planting concept for the Parkettes is for enhanced natural areas that will be planted with a
variety of native trees and shrubs to supplement the existing trees that will be retained within the
Parkettes. Post and rail fencing will surround the Parkettes with signs posted to identify the areas
as "Environmentally Sensitive" areas.
The planting plans for the Enhanced Landscape Planting areas were prepared by Phoenix
Environmental Services Ltd and are attached as Appendix "C". The recommended procedures and
frequencies for maintenance are Level 3 - Moderate of the BC Landscape Standard. This standard
is for a generally neat, moderately groomed appearance, with some tolerance for the effects of
`wear and tear', moderate traffic and naturalization processes. The standard includes regular
mowing and care of the lawn areas, control of invasive species, pruning, and fertilizing, as required
for the planted areas. Phoenix Environmental has provided an estimate for the yearly maintenance
of $13,600.00 per year for the first four years and then $7,000.00 per year after that, attached as
Appendix "D". It is anticipated that the maintenance costs could be reduced over time as the
planted areas naturalize and mature. Therefore, the maintenance costs should be reviewed every
year.
d) Citizen/Customer Implications:
The estimated cost of the petitioned service will be $186.00 for the first four years and then $96.00
after that for each residential lot of the 73 lots in the Hampstead Local Area Service. The Local Area
Service bylaw will establish an Annual Charge based on a per lot basis for the 73 lots within the
benefitting area. It is anticipated that this charge will start in 2014, after the completion of the one
year maintenance period required from the developer.
e) Interdepartmental Implications:
Operations Department:
The enhanced landscaping maintenance requirements for the Parkette areas in this development
are in excess of the funded base level of maintenance provided throughout Maple Ridge, and
therefore would be unfunded by the District. Costs for maintenance of enhanced landscaping
existing in other areas of Silver Valley have been monitored by the Operations Department over time
and a Local Area Service Bylaw is being proposed by Operations for ongoing maintenance of those
areas. Local Area Service bylaws have already been established in several other areas in the
District, including Maple Crest, the Kanaka Business Park, and, most recently, the Formosa Plateau
development to the northwest of this development.
Finance Department:
The Property Tax section of the Finance Department will impose the cost of this service as a levy and
place the notation on the tax roll of the benefitting property owners, anticipated to be in 2014.
-3-
CONCLUSION:
It is recommended that the formal petition by the property owners for a Local Area Service be
authorized by Council for the enhanced landscape maintenance costs to be levied on the benefitting
properties to be created by subdivision of the land; and that First, Second and Third Readings be
given to Hampstead Local Area Service Bylaw No. 6860-2011.
Preps ed by: Ann Edwards, CPT
Senior Rjannirjg Technician
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Approved by: Ftank Quinn, MBA, P. g
M: P lic W s e opment Services )��
Concurrence: J. L. (Ji ) Rule "
Chief Zrninistrative Officer
The following appendices are attached hereto:
Appendix A - Subject Map
Appendix B - Local Area Service Bylaw 6860 - 2011
Appendix C - Landscape Plans for Enhanced Planting areas
Appendix D - Cost estimate for yearly maintenance prepared by Phoenix Environmental
Appendix E - Petition for LAS
-4-
.6Loop
CORPORATION OF
DISTRICT•
a ti.THE
MAPLE RIDGE
PLANNING DEPARTMENT
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SCALE 1:2,500
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APPENDIX B
it the Reece
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
LOCAL AREA SERVICE
BYLAW NO. 6860-2011
A Bylaw to authorize a municipal service to maintain enhanced landscape areas;
to define -the benefitting lands; and to establish that the cost of the municipal service
shall be borne by the owners of real property within such defined area.
WHEREAS, Council has been petitioned to provide a municipal service pursuant to Division
5, Section 210 of the Community Charter S.B.C. 2003, c.26 (the "Community Charter");
AND WHEREAS the Municipal Clerk has certified that the petition received for the municipal
services does constitute a sufficient and valid petition;
AND WHEREAS it is deemed expedient to proceed with the works;
AND WHEREAS the "Maple Ridge Local Area Service Policy", as amended, provides that the
cost of providing a municipal service shall be recoverable from each of the existing parcels
of land and all future lots created by subdivision of the parcels, specifically:
Lots 1 to 40 Township 12 New Westminster District Plan
that will benefit from the service.
NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in
open meeting assembled, ENACTS AS FOLLOWS:
1. This Bylaw may be cited as "Hampstead" Local Area Service Bylaw No. 6860-2011".
2. The contents of Schedules ""A", "B" and "C" attached hereto are hereby declared to
be made an integral part of this Bylaw.
3. The Local Area Service of the District for the benefit of which the enhanced
landscape areas are to be maintained as a municipal service are defined as the
hatched areas on the attached Schedule "A".
4. The recommended procedures and frequencies for maintenance and Annual Charges are
described on the attached Schedule "B".
5. The Enhanced Landscape area planting plans: "Landscape Plan: Parkettes", drawing
2 of 3, revised 31/8/11, by Phoenix Environmental Services Ltd and revised
8/31/11; Development Maintenance Estimate by Phoenix Environmental Services
Ltd, dated September 2, 2011; and "Biofiltration/Detention and `Temp' Sediment
Control Ponds and Details", drawing 18 of 26, revised 01.04.11, by Damax
Consultants are attached as Schedule "C".
6. This bylaw shall take effect as of the date of adoption hereof.
READ a first time the day of , A.D. 20 .
READ a second time the day of , A.D. 20 .
READ a third time the day of , A.D. 20 .
RECONSIDERED AND FINALLY ADOPTED, the
PRESIDING MEMBER
day of
,A.D. 20 .
CORPORATE OFFICER
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P 4.2567
LMP 9042
MAPLE RIDGE LOCAL AREA SERVICE BYLAW
Bylaw No. 6860-2011
Enhanced Landscape Areas
0 Original Lot Boundary
Schedule "A"
3.51 ha
N
SCALE 1:2,500
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
LOCAL AREA SERVICE
BYLAW NO. 6860 - 2011
SCHEDULE "B"
I:yF�e ATI STIN
The establishment, maintenance and replacement of Parkette areas, pedestrian trail and
grass boulevards for the areas indicated by bold outline on Schedule "A" are to be
maintained as per the recommended procedures and frequencies for maintenance "Level 3 -
Moderate" of the BC Landscape Standard. (BC Society of Landscape Architects and BC Landscape &
Nursery Association).
After approximately 4 years, the establishment, maintenance and replacement of Parkette
areas as indicated by bold outline on Schedule "A" can be maintained as per the
recommended procedures and frequencies for maintenance "Level 5 - Background & Natural
Areas" of the BC Landscape Standard, when the Parkette areas are well established and naturalized.
The grass boulevards and pedestrian trail are to continue to be maintained at "Level 3 - Moderate".
(BC Society of Landscape Architects and BC Landscape & Nursery Association).
Annual Charge:
The Annual Charge is based on a per lot basis for each of the 73 lots created by the
subdivision of:
Lots 1 to 40 Section 29 Township 12 New Westminster District Plan
of $186.00 starting in 2014 for 4 years, and reduced to $96.00 after 4 years.
The charges established under this Bylaw shall be specifically charged against the parcels
benefitting from the work, payable by a per lot basis levied year by year.
The Annual Charge Adjustment:
The annual charge will be reviewed each year by the Operations Department, and adjusted
accordingly to reflect any change in maintenance requirements or costs, and to reflect any
increase in the Consumer Price Index (CPI) for Vancouver, BC for the immediately preceding
year commencing with 2015, as provided by Statistics Canada.
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LJPHOENIX
ENVIRONMENTAL SERVICES LTD. 103 —1600 WEST 6" AVE. VANCOUVER, B.C. V6J 1R3 604-689-3888 FAX 689-3880
September 2, 2011
Ann Edwards
Senior Planning Technician/File Manager
District of Maple Ridge
VIA EMAIL
Re: Portrait Homes `Hampstead' Development Maintenance Estimate
The attached landscape maintenance schedules and estimates are being provided for your review
and use in applying the Local Area Service Bylaw No. 6769-20210.
1) Estimate and Scheduling for Parkettes and Ponds Years 2-5,
2) Estimate and Scheduling for Parkettes and Ponds Years 6+
The attached maintenance schedules and cost estimates are based on the BC Landscape
Standards for "Level 3 — Moderate" maintenance, which is recommended for areas that require a
neat, moderately groomed appearance, but allows for natural processes and some "wear and
tear". It is expected that much of the area covered by this estimate will only require this level of
maintenance for approximately 5 years. Following the initial establishment and growth period, it
is expected that maintenance levels can likely be dropped to "Level 5 — Background & Natural
Areas", with the exception of the grass boulevards, and edges along the roads and pathways.
Maintenance needs should be re-evaluated at the 5 year mark to verify that the appropriate
maintenance level is being achieved and to determine whether the maintenance level can be
dropped, as suggested.
Please contact me if you have require any additional information or clarification.
Sincerely,
Phoenix Environmental Services, Ltd.
Mega ' urnock, M.Sc., MLA
Project Biologist/Landscape Designer
Ai SMV=TD. page 1
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WPHOENIX
r ENVIRONMENTAL SERVICES LTD
September 2, 2011
Ann Edwards
APPENDIX D
o f At Re frf-
103 -1600 WEST 6"AVE. VANCOUVER, B.C. V6J 1R3 604-689-3888 FAX 689-3880
Senior Planning Technician/File Manager
District of Maple Ridge
VIA EMAIL
Re: Portrait Homes `Hampstead' Development Maintenance Estimate
The attached landscape maintenance schedules and estimates are being provided for your review
and use in applying the Local Area Service Bylaw No. 6769-20210.
1) Estimate and Scheduling for Parkettes and Ponds Years 2-5,
2) Estimate and Scheduling for Parkettes and Ponds Years 6+
The attached maintenance schedules and cost estimates are based on the BC Landscape
Standards for "Level 3 — Moderate" maintenance, which is recommended for areas that require a
neat, moderately groomed appearance, but allows for natural processes and some "wear and
tear". It is expected that much of the area covered by this estimate will only require this level of
maintenance for approximately 5 years. Following the initial establishment and growth period, it
is expected that maintenance levels can likely be dropped to "Level 5 — Background & Natural
Areas", with the exception of the grass boulevards, and edges along the roads and pathways.
Maintenance needs should be re-evaluated at the 5 year mark to verify that the appropriate
maintenance level is being achieved and to determine whether the maintenance level can be
dropped, as suggested.
Please contact me if you have require any additional information or clarification.
Sincerely,
Phoenix Environmental Services, Ltd.
Megan-turnock, M.Sc., MLA
Project Biologist/Landscape Designer
VKESL3D. page 1
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Portrai'l Homes
September 20, 2011
Mayor and Council
District of Maple Ridge
11995 Haney Place
Maple Ridge, B.C. V2X 6A9
APPENDIX E
RE: PETITION FOR LOCAL AREA SERVICES ("LAS") REGARDING
LANDSCAPING MAINTENANCE FOR PROPOSED SUBDIVISION AT
23000 AND 23024 136 AVENUE, MAPLE RIDGE BRITISH COLUMBIA
("HAMPSTEAD")
'To: Mayor and Council;
Reference: RZ,/093/06 and 2011/052/SD
The subject property is located within an "Eco Cluster" type development site with enhanced
landscape park areas. The service is for enhanced landscape maintenance of 3 Parkettes located
within the road right-of-ways, a pedestrian trail through park land that connects 2 of the
Parkettes, and the road frontages of the park lands within the development. The planting concept
for the Parkettes is for enhanced natural areas that will be planted with a variety of native trees
and shrubs to supplement the existing trees that will be retained within the Parkettes.
'The estimated annual maintain cost of the park areas within the entire subdivision, for the first
five years, is $13,600.00 or approximately $186.00 per lot. After the fifth year, landscape
maintenance costs can be reduced to $96.00 per lot, as the vegetation will be established.
Cost recovery method for 100% of the annual maintenance cost would be by way of a local
services tax within the property tax system. As the petitioner will be paying for the first year of
maintenance, cost recover from the homeowners should commence in year two from the date of
installation.
Portrait Homes Hampstead forwards this petition to the District of Maple Ridge for approval by
Mayor and Council.
Sincerely yours,
Portrait Holes Hampstead Ltd.
Hari imin
I'rir� t� 1
cc. Ann Edwards, District of Maple Ridge
Dave Laird, Damax Consultants Ltd.
BEST HOME BUILDER IN BC 2005-2006-2007 -I'll
Portrait Homes ltd.
7200 - 6660 Graybar Rd., Richmond, BC V6W IH9 • ph: (604) 270-1889 • fax: (604)270-1841
District of Maple Ridge
Deep Roots
Greater Heights
TO: His Worship Mayor Ernie Daykin DATE:
and Members of Council FILE NO:
FROM: Chief Administrative Officer
SUBJECT: Disbursements for the month ended August 31, 2011
EXECUTIVE SUMMARY:
October 3, 2011
Council has authorized all voucher payments to be approved by the Mayor or Acting Mayor and a
Finance Manager. Council authorizes the vouchers for the following period through Council resolution.
The disbursement summary for the past period is attached for information. Expenditure details are
available by request through the Finance Department.
RECOMMENDATION:
That the "disbursements as listed below for the month ended August 31, 2011 now be approved".
GENERAL $ 18,492,123
PAYROLL $ 1,614,122
PURCHASE CARD $ 74,542
$ 20,180,78-7
DISCUSSION:
a) Background Context:
The adoption of the Five Year Consolidated Financial Plan has appropriated funds and
provided authorization for expenditures to deliver municipal services.
The disbursements are for expenditures that are provided in the financial plan.
b) Community Communications:
The citizens of Maple Ridge are informed on a routine monthly basis of financial
disbursements.
1131
c) Business Plan / Financial Implications:
Highlights of lamer items included in Financial Plan or Council Resolution
• Brandt Tractor Ltd. - two 2011 John Deere backhoes w/bucket $
• Double M Excavating Ltd. - sanitary sewer extension to Corrections $
• G.V. Water District - water consumption Jun 1-28/11 $
• Imperial Paving - 2011 annual pavement rehabilitation program $
• Imperial Paving - Alouette Road paving $
• Municipal Pension Plan - three payroll remittances $
• The municipality acts as the collection agency for other levels of
agencies. The following collections were remitted in August.
1. BC Assessment Authority $
2. G.V. Sewerage & Drainage $
3. G.V. Regional District $
4. South Coast BC Transportation $
d) Policy Implications:
203,085
863,525
559,438
442,181
204,650
522,131
government or
897,324
5,191,098
921,807
5,623,557
Approval of the disbursements by Council is in keeping with corporate governance practice.
CONCLUSIONS:
The disbursements for the month ended August 31, 2011 have been reviewed and are in order.
Prepared by: G'Ann Rygg
Accounting Clerk II
1� -
Approved by: T r Thompson, CGA
Manager of Financial Planning
Approved by: Pau} Gill,'�BA, CGA
GM -,Iirporat Fina ial
Concurrence: J.L. (Jiml ule `
Chief A inistrative Officer
gmr
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
MONTHLY DISBURSEMENTS - AUGUST 2011
VENDOR NAME
DESCRIPTION OF PAYMENT
775983 BC Ltd
Roadside mowing
AT & H Industries Inc
Gravel & dump fees
Advanced Drive Systems Inc
Sewage system rehabilitation
Aecom Canada Ltd
MREC feasibility study
River Road storm sewer
Allstream
Annual communications maintenance service agreement
Phone system supplies
BC Assessment Authority
2011 requisition
BC Hydro
Electricity Aug
BC SPCA
Contract August
Community Animal Centre development - 50% share
BFI Canada Vancouver
Waste disposal - June & July
Brandt Tractor Ltd
Two 2011 John Deere Backhoes w/ cleanup buckets
CUPE Local 622
Dues - pay periods 11/15 & 11/16
Chevron Canada Ltd
Fuel Sept
Columbia Bitulithic Ltd
Duraphalt
Co -Pilot Industries
Gravel & dump fees
Directional Mining & Drilling
Kanaka Creek watermain @ Lougheed Hwy
Double M Excavating Ltd
Sanitary sewer extension to Correction Centre
Farm Tek Turf Services Inc
Sand spread for various parks
Golder & Associates
River Road drainage improvement
Seismic assessement of Albion dyke
Gr Vanc Sewerage & Drainage
2011 requisition
Transfer station waste disposal
Greater Vanc Water District
Water consumption Jun 1-28/11
Greater Vancouver Regional Dis
2011 requisition
Water sample analysis
Guillevin International Inc
Fire fighters' equipment
Fire fighters' protective wear
Leisure Centre maintenance
Operations electrical supplies
Downtown Road & Utility Rehabilitation
SCBA equipment upgrade
Imperial Paving
2011 annual pavement rehabilitation program
Alouette Road paving
Roadworks
Jacks Automotive & Welding
Fire Dept equipment repairs
Manulife Financial
Employee benefits premiums
Maple Ridge & PM Arts Council
Art Centre grant Aug
Program revenue Jun & Jul
Medical Services Plan
Employee medical & health premiums
Metro Motors Ltd
2011 Ford F250 Supercab 4WD
2011 Ford F250 Supercab 2WD w/service body
MMM Group Limited
North Alouette bridge repairs
Morrow Bioscience Ltd
2011 West Nile virus program
Municipal Pension Plan BC
Employee benefits premiums
Newlands Lawn & Garden Maint
Grass cutting
Pacific Ace Sports Surfaces
Maintenance at various parks
Platinum Enterprises Ltd
Security refund
Profire Emergency Equipment
Self contained breathing apparatus (SCBA)
Progressive Contracting Ltd.
240 Street storm & sidewalk improvements
7,621
7,579
16,322
1.518
26,153
3,274
4,346
30,079
5,191,098
587
921,807
700
19,082
1,171
795
331
11,448
9.884
442,161
204,650
4,640
46,393
90.871
33,432
40.899
AMOUNT
27,412
29,150
27,169
15,200
17,840
897,324
108,092
29,427
22,389
203,085
24,229
64,076
21,655
26,132
121,740
863,525
45,342
34,425
5,191, 685
559,438
922,507
42,711
651,471
15,267
122,296
67,264
30,733
74,331
16,509
23,646
522,131
15,159
47,051
100,000
41,315
50,951
Raincity Janitorial Sery Ltd
Janitorial services:
Firehalls
6,696
Library
5,262
Municipal Hal[
3,010
Operations
3,030
Randy Herman Building
4,679
RCMP
3,349
Leisure Centre pressure washing
1,681
Whonnock Lake Park pressure washing
933
28,640
Receiver General For Canada
Employer/Employee remit PP11/16 & PP11/17
628,412
Ridge Meadows Recycling Society
Monthly contract for recycling Aug
92,000
Weekly recycling
383
Litter pick-up contract
1,848
94,231
Rollins Machinery Ltd
Bear proof refuse containers
25,351
South Coast BC Transportation
2011 requisition
5,623,557
T & T Demolition Ltd
119th Avenue demolition costs
108,616
Valley Landscaping Ltd
Websters Corners Park
49,090
Valley Traffic Systems Inc
Traffic control
21,827
Vanderwal Equipment Ltd
Ferris mower
24,212
Warrington PCI Management
Advance for Tower common costs Aug
60,000
Tower expenses July
14,753
74,753
Young, Anderson - Barristers
Professional fees July
15,731
Disbursements In Excess $15,000
17,767,097
Disbursements Under $15,000
725,026
Total Payee Disbursements
18,492,123
Payroll
PP11/16 & PP11/17
1,614,122
Purchase Cards - Payment
74,542
Total Disbursements August 2011 20,180,787
GMR
\\DOVE\CorpServ\Finance\Accounting\Accounts Payable\AP Disbursements\2011\[Monthly_Council_Report_2011.xisx]AUG'11
Deep Roots
Greater Heights
TO:
FROM:
SUBJECT:
District of Maple Ridge
His Worship Mayor Ernie Daykin
and Members of Council
Chief Administrative Officer
DATE: Oct. 3, 2011
FILE NO:
ATTN: C of W
Development Cost Charges Imposition Amending Bylaw No. 6865 - 2011
EXECUTIVE SUMMARY:
This bylaw amends our Development Cost Charges (DCCs) to reflect updates to the capital program.
It is consistent with our Official Community Plan (OCP) and will require an amendment to the
Financial Plan. This is a minor amendment and does not revisit development assumptions, policy
changes or underlying DCC assumptions which would be considered a major amendment.
Several capital projects were approved by Council with direction to include in the next DCC Bylaw
amendment. This amendment includes those projects as well as other amendments to the Long
Term Capital Program. This amendment is required to formalize the use of DCC funds for the added
projects.
Rate changes are minimal (between 0 and 2.1%) and because the majority of changes were adopted
by Council in public meetings, the suggested extent of stakeholder consultation for this bylaw
amendment will be limited to advertisements in the local paper with additional information available
upon request.
Until recently all DCC rate bylaws have had to be approved by the Ministry. Rates are now permitted
to be adjusted as often as annually as long as all the rate increases are less then Vancouver CPI and
the bylaw was approved by the Ministry within the last four years. The rate increases are all under
CPI and the bylaw was last approved in May of 2010.
The rates will be in effect when this bylaw is adopted with the exception of in -stream applications on
which the previous rates would be charged. The Local Government Act was amended to allow in -
stream building permits the same grace period that subdivision applications enjoyed, twelve months
from the time of adoption of the bylaw.
RECOMMENDATION(S):
That Maple Ridge Development Cost Imposition Amending Bylaw No. 6865-2011 be given first,
second and third readings.
DISCUSSION:
As our community grows, there is an increasing demand for a wide range of infrastructure. There is
no direct mechanism to cover costs related to some types of infrastructure, notably public safety
1132
buildings, recreation facilities and libraries. DCCs provide the authority to recover development
related costs for roads, sewers, drainage and water works as well as parkland acquisition and park
development. DCCs allow the municipality to apportion the costs of certain types of infrastructure
among land developers.
The DCC rates are the outcome of a complex model involving the planning and costing of future
infrastructure projects, and projecting of future development activity. The assumptions used in
these models are amended as required to keep pace with changes to the underlying plans.
It is a recommended best practice to annually consider if any minor amendments are needed to
reflect current construction costs, land values, status of grants and changes due to the annual
review of the Financial Plan. The last bylaw, which was a minor amendment, was adopted in early
2010.
Development Cost Charges Amendments do no longer require Ministry approval, if they are changed
no more frequently than annually and the change in the amount of DCCs does not exceed Vancouver
CPI and the Inspector of Municipalities has approved a DCC bylaw within the last four years.
This amendment increases individual service type rates between 0% and 2.4%. The total rate
increase for any type of development is between 0% and 2.1%. The increase in Vancouver CPI has
increased 2.5% since the last amendment.
The Local Government Act was amended recently to allow in -stream building permits the same grace
period that subdivision applications enjoyed, twelve months from the time of adoption of the bylaw.
a) Background Context:
The current DCC Bylaw No. 6705-2009 adopted in May of 2010 was the first minor amendment
since the last major amendment adopted in early 2008. A commitment was made to more
regularly address amendments to ensure that charges reflect current costs and remove the
likelihood of larger increases and to provide more rate stability and certainty. We did not expect
major changes in costs so to expedite review was limited to project updates.
The following projects were added to this bylaw (the amounts are the DCC portion of the project
cost):
Previously approved by Council
Silver Valley Pedestrian & Road Improvements
$500,000
Park purchase on 223 Street
300,000
North Alouette Greenway
1,086,000
North Alouette Park Development
147,000
Proposed Long Term Canital Works Program
Intersection upgrades
207,000
Park purchase on Fraser River at Albion
900,000
Park Development at 222 St. and Church additional funding
80,000
Storm Management Update
30,000
Raymond Park Development
342,000
Other minor amendments
f 143.000�
Total
$3,449,000
This increase of about $3.5 million brings the total DCC program to $225.5 million.
Debt Financing
As discussed with Council previously, debt financing can be a useful tool to strategically advance
capital projects. Borrowing would allow the District to finance growth related infrastructure
projects using DCCs as the source of funding for debt payments. Committing future cash flows,
especially ones that are not certain and fluctuate, adds an element of risk that will have to be
carefully considered. All borrowings will require the assent of the electorate. The Inspector of
Municipalities will only consider approving the inclusion of interest costs in exceptional
circumstances, which are fairly narrowly prescribed.
With the next major DCC amendment there are several additional factors that will need to be
considered. New legislation introduced the exemption for small residential units and the ability
to reduce DCCs due to "green" initiatives. The development of an intensive agriculture levy was
introduced in the last major amendment but abandoned.
b) Desired Outcome:
The authority use DCCs funds collected to fund projects added since the last DCC Bylaw
amendment. A DCC Bylaw that is consistent with the Official Community Plan and our Financial
Plan ensuring the DCC rates are reflective of the costs of the infrastructure and open space
needs required to support development.
c) Developer/Customer Implications:
A comparison between the proposed levies and the levies currently in effect is shown in
Attachment "A"
A grace period of 12 months has existed for in -stream subdivision applications for quite some
time under section 943 of the Local Government Act. Recent changes to the legislation now
permit the same grace period for in -stream building permits. For qualifying applications, the
levies of the previous bylaw would be charged.
d) Business Plan/Financial Implications:
The bylaw is consistent with the District's Financial Sustainability Policies and the Financial Plan.
e) Policy Implications:
The capital works program is the corporate mechanism for identifying and scheduling capital
projects consistent with growth strategies, the Official Community Plan and the Financial Plan
Bylaw. The Ministry of Community Services publication entitled Development Cost Charge Best
Practices Guide (Edition 3) guides the preparation of bylaws based on best practices guidelines,
local government policy and current information.
f) Alternatives:
Leaving the existing bylaw and rates as currently approved would mean that any new projects
funded from DCCs would need to find alternative funding sources. This alternative is not
recommended.
CONCLUSIONS:
This minor amendment to the DCC Bylaw is the second minor amendment since the DCC Bylaw was
restructured in 2008 to be consistent with the updated OCP. This minor amendment is required to
allow the additional projects to be funded by DCCs and the DCCs to be updated accordingly. These
changes require the approval of the Inspector of Municipalities before the bylaw can be adopted.
Prepared by: Trevor ompson, BBA, CGA
Manager of Financial Planning
Approved by: Paul Gill, BBA, CGA
GM: Corpora -le & F. ancial Services
Concurrence: J.L. Jim) Ruie
Chief Administrative Officer
Y�.
Attachment "A" - Current vs. Proposed DCC Levies
Proposed
Land Use Types
Current Levies
Levies
Change In Levy
BL 6705-2009
BL 6865-2011
Growth Area
Residential Low Density - Single Family
1
$18,761
$19,099
$ 338 1.8%
Residential Low Density -Townhouse
1
$15,539
$15,810
$ 271 1.7%
Residential High Density - Apartment
1
$8,884
$9,057
$ 173 1.9%
Commercial
2
$31.29
$31.73
$ 0.44 1.4%
Commercial - Drainage
3
$22,356
$22,428
$ 72 0.3%
Institutional
3
$62,094
$62,794
$ 700 1.1%
In -fill Area
Residential Low Density - Single Family
1
$16,399
$16,714
$ 315 1.9%
Residential Low Density -Townhouse
1
$12,755
$12,993
$ 238 1.9%
Residential High Density -Apartment
1
$7,894
$8,047
$ 153 1.9%
Commercial
2
$25.00
$25.44
$ 0.44 1.8%
Commercial - Drainage
3
$4,005
$4,005
$ - 0.0%
Industrial
2
$11.98
$12.14
$ 0.17 1.4%
Industrial - Drainage
3
$3,794
$3,794
$ - 0.0%
Town Centre Area
Commercial
2
$17.98
$17.98
$ 0.0%
Commercial - Drainage
3
$4,005
$4,005
$ - 0.0%
Rural
Residential
1
$8,767
$8,823
$ 56 0.6%
Residential (Water)
1
$9,866
$9,923
$ 56 0.6%
Commercial
2
$21.02
$21.46
$ 0.44 2.1%
Industrial
2
$7.99
$8.16
$ 0.17 2.1%
1. DCC per additional lot being subdivided or unit being built
2. DCC per sq. meter of buildingfloor area
3. DCC per hectare of gross site area
DISTRICT OF MAPLE RIDGE
BYLAW NO. 6865-2011
A bylaw to amend Maple Ridge Development Cost Charges Imposition Bylaw No. 6462-2007
WHEREAS Council does not consider the charges imposed by this bylaw:
a. As excessive in relation to the capital cost of prevailing standards of service;
b. Will deter development, or
c. Will discourage the construction of reasonably priced housing or the provision of
reasonably priced serviced land in the District.
NOW THEREFORE, the Council for the District of Maple Ridge enacts as follows:
1. This Bylaw may be cited for all purposes as "Maple Ridge Development Cost Charges
Imposition Amending Bylaw No. 6865-2011"
2. Schedules "B", "C", "D" and "E" of Maple Ridge Development Cost Charges
Imposition Bylaw No. 6462-2007 be deleted in their entirety and replaced with
Schedules "B", "C", "D" and "E" attached hereto and form part of Maple Ridge
Development Cost Charges Imposition Amending Bylaw No. 6865-2011.
Read a first time this day of 20 .
Read a second time this day of 20.
Read a third time this day of 20.
Approved by the Inspector of Municipalities this day of 20.
Adopted this day of 20.
PRESIDING MEMBER
CORPORATE OFFICER
ATTACHMENTS: SCHEDULE "B", SCHEDULE "C", SCHEDULE "D" and SCHEDULE "E"
SCHEDULE "B"
BYLAW NO. 6462-2007
DEVELOPMENT COST CHARGES - GROWTH AREAS (Map 1)
Single Family Dwelling / Duplex DCC per additional lot being
Servicing Type subdivided or unit being built
Road $10,966
Drainage 1,649
Water 1,715
Sanitary Sewer 151
Open Space 4,618
Total $19,099
Townhouse
Servicing Type
DCC per additional unit being built
Road
$7,677
Drainage
1,649
Water
1,715
Sanitary Sewer
151
Open Space
4,618
Total
$15,810
Appartment
Servicing Type
DCC per additional unit being built
Road
$4,936
Drainage
186
Water
857
Sanitary Sewer
76
Open Space
3,002
Total
$9,057
Commercial
Servicing Type
DCC per sq. meter of building floor area
Road
$21.46
Water
9.44
Sanitary Sewer
0.83
Open Space
0.00
DCC per hectare of gross site area
Drainage
$22,428
Institutional
Servicing Type
DCC per hectare of gross site area
Road
$31,835
Drainage
14,167
Water
15,432
Sanitary Sewer
1,360
Open Space
0
Total
$62,794
SCHEDULE "C"
BYLAW NO. 6462-2007
DEVELOPMENT COST CHARGES - INFILL AREAS (Maps 1 & 2)
Single Family Dwelling / Duplex
DCC per additional lot being
Servicing Type
subdivided or unit being built
Road
$12,399
Drainage
396
Water
572
Sanitary Sewer
153
Open Space
3,194
Total
$16,714
Townhouse
Servicing Type
DCC per additional unit being built
Road
$8,678
Drainage
396
Water
572
Sanitary Sewer
153
Open Space
3,194
Total
$12,993
Appartment
Servicing Type
DCC per additional unit being built
Road
$5,579
Drainage
29
Water
286
Sanitary Sewer
77
Open Space
2,076
Total
$8,047
Commercial
Servicing Type
DCC per sq. meter of building floor area
Road
$21.46
Water
3.14
Sanitary Sewer
0.84
Open Space
0.00
DCC per hectare of gross site area
Drainage
$4,005
Industrial
Servicing Type
DCC per sq. meter of building floor area
Road
$8.16
Water
3.15
Sanitary Sewer
0.84
Open Space
0.00
DCC per hectare of gross site area
Drainage
$3,794
SCHEDULE"D"
BYLAW NO.6462-2007
DEVELOPMENT COST CHARGES - RURAL AREAS (Map 1)
Single Family Dwelling / Duplex (with water)
Servicing Type
Road
Drainage
Water
Sanitary Sewer
Open Space
Total
Single Family Dwelling / Duplex (without water)
Servicing Type
Road
Drainage
Water
Sanitary Sewer
Open Space
Total
DCC per additional lot being
subdivided or unit being built
$3,775
0
1,099
0
5,048
$9,923
DCC per additional lot being
subdivided or unit being built
$3,775
0
0
0
5,048
$8,823
Commercial
Servicing Type
DCC per sq. meter of building floor area
Road
$21.46
Drainage
0
Water
0
Sanitary Sewer
0
Open Space
0
Total
$21.46
Industrial
Servicing Type
DCC per sq. meter of building floor area
Road
$8.16
Drainage
0
Water
0
Sanitary Sewer
0
Open Space
0
Tota 1
$8.16
SCHEDULE "E"
BYLAW NO. 6462-2007
DEVELOPMENT COST CHARGES - TOWN CENTRE COMMERCIAL AREA (Map 2)
Commercial (Town
Servicing Type
Road
Water
Sanitary Sewer
Open Space
Centre)
DCC per sq. meter of building floor area
$14.00
3.14
0.84
0.00
DCC per hectare of gross site area
Drainage $4,005
MAPLERIDGE District of Maple Ridge
Deep Roots
Greater Heights
TO: His Worship Mayor Ernie Daykin DATE:
and Members of Council FILE NO:
FROM: Chief Administrative Officer ATTN:
SUBJECT: 2012 Permissive Tax Exemptions
EXECUTIVE SUMMARY:
October 3, 2011
Committee of the Whole
The Community Charter provides Council with statutory powers to exempt certain types of properties from
municipal property taxation. Maple Ridge has clearly defined Council Policies to assist staff in evaluating and
recommending these property tax exemptions. The policies are based on the fundamental principle that the
Municipality will not grant property tax exemptions to organizations providing services on a private or for profit
basis, or where the service is the responsibility of senior governments. These policies have been reviewed by
Councils over the past several years, most recently in 2008.
All applicants being recommended for a permissive tax exemption in 2012 also received the exemption in 2011.
The United Church in Whonnock which has in the past received permissive tax exemptions was sold in 2011 and
exemptions will no longer apply to that property. There are no applications for new properties to be considered
for the 2012 taxation year.
In accordance with the Community Charter and Council Policies 5.16 to 5.23, the properties listed in Bylaw No.
6863 - 2011 are recommended for property tax exemption for the 2012 taxation year.
RECOMMENDATION:
That "Maple Ridge Tax Exemption Bylaw 6863 - 2011" be read a first, second and third time.
a) Background Context:
The Community Charter provides for a general exemption from taxation over which Council does not
have any legislative powers or authority. This includes properties such as schools, public hospitals,
buildings set apart for public worship and provincial and municipally owned public buildings and land.
B.C. Assessment determines which properties qualify for statutory exemption according to the
Community Charter.
Churches and Private Schools receive these automatic exemptions, over which Council has no control.
However, the statutory exemption only provides for the church or school building and the land on which
it stands, leaving any remaining land and improvements as taxable. In 1985 Council adopted a bylaw
which grants automatic permissive exemptions for these properties. Church properties receive
permissive exemption for an additional church hall and the entire parcel of land, to a maximum of
2.0335 hectares (5 acres). Buildings other than the church and church hall are subject to taxation.
Private Schools receive permissive exemption for additional improvements and the entire parcel of land
not included in the statutory exemption.
The Community Charter also provides Council with statutory powers to exempt other certain properties
from municipal taxation. For example, these can be land and improvements that are used by not for
profit organizations that are deemed to contribute to the well being of the community or private
Page 1 of 3 1133
institutions licensed under other legislation such as the Hospital Act, Community Care Facility Act or
parts of the School Act.
Permissive exemptions can also be granted by Council for heritage properties and portions of a property
used for municipal purposes (e.g. parts of Planet Ice, the curling rink and the Ridge Meadows Senior
Society).
Council has adopted policies with respect to the granting of property tax exemptions. The policies are
intended to prevent the downloading/off loading of services that are the responsibility of senior
governments and to ensure local residents are not subsidizing residents from other municipalities. They
also establish that where a permissive tax exemption is granted that all residents of Maple Ridge have
access to the service provided and make certain that the property tax exemption does not provide for an
unfair competitive advantage. The services provided by the organization are to be an extension of
Municipal services and programs and fall under the responsibility of local government.
A Tax Exemption Bylaw adopted by Council specifically applies to the "General, Debt & Library" and "Fire
Services Improvement" levies on the Property Tax Notice. However at this time, the School Act and the
Hospital District Act also provide for exemptions from other taxing authorities for properties included in
the bylaw.
The proposed taxation exemption bylaw must be publicly posted and included in a newspaper prior to its
adoption. The notice will include a description of each property and the estimated tax exemption for
2012 plus the following two years. The District's Annual Report also includes information on the
permissive exemptions granted.
b) Desired Outcome:
Council must adopt the Tax Exemption Bylaw on or before October 31, 2011 to exempt properties from
municipal property taxation for 2012.
c) Strategic Alignment:
The sources of municipal revenue are limited and therefore, the District supports institutions,
organizations and the community at large to enhance the quality of life to its residents. The granting of
property tax exemptions to those applicants meeting the criteria of the policies are strategically aligned
with:
(i) Financial Management - cost effective and efficient delivery of services
(ii) Community Relations - recognize and support the important contribution of volunteers and not for
profit groups that provide services in Maple Ridge
(iii) Safe & Livable Community - in partnership with community groups, assist in the provision of
leisure and cultural services to ensure access by all citizens
d) Citizen/Customer Implications:
Permissive exemptions are designed to support those services that complement District programs.
Inadequate funding from senior governments sometimes results in agencies turning to local government
for assistance. The sources of municipal funding are limited and providing exemptions to those groups
that fall under the responsibility of senior governments is not feasible.
All applicants requesting a permissive tax exemption for 2012 were also granted the exemption in 2011.
The property formerly owned by Whonnock United Church (United Church of Canada) is no longer eligible
for exemption and no new applications have been received.
Page 2 of 3
e) Business Plan/Financial Implications:
Based on the 2011 assessed values, and using the estimated tax increase for 2012 from the financial
plan, the estimated amount attributable to the 2012 proposed tax exemptions for the Municipal portion
of taxes is $455,542. The total tax revenue estimate in the financial plan is $60,530,172, putting the
proposed exemptions at less than 1% of that total.
f) Policy Implications:
The applicants recommended for exemption are in accordance with the adopted policies.
g) Alternatives:
Granting tax exemptions leads to a tax shift to other classes, most notably the Residential Class. An
option for Council is to provide a financial grant to assist those organizations providing community
services that Council wishes to support. Grants are an annual budget decision and are limited to one
year. Council has used this option from time to time. Providing grants does not relieve senior levels of
government from their responsibility to the community. Therefore, the potential for downloading costs to
the Municipality is somewhat reduced.
Nisink *i *R6N& l
In reviewing the requests for permissive exemptions, Council Members should ensure:
The use is consistent with Municipal policies, plans, bylaws, codes and regulations. This will ensure the
goals, policies, and general operating principles of the Municipality as a whole are reflected in the
organizations that receive Municipal support.
Exemptions are not given to services that are otherwise provided on a private, for profit basis. This
would provide an unfair competitive advantage.
The services provided by the organization should be an extension of Municipal services and programs
and must fall under the responsibility of local government. Senior government program costs must not
be transferred to property taxpayers, as this would represent double taxation and an inequitable tax
burden.
Primarily Maple Ridge residents should use the services and the organization's regulations must allow
all Maple Ridge residents to participate.
The taxation burden resulting from the exemption must be a justifiable expense to the taxpayers of the
Municipality. The sources of Municipal revenue are limited and request for exemption must be
considered in concert with other needs of the Municipality.
Additional details on the applications are available from the Finance Department.
Prepared by: Kathleen Gormley
Manager of Business Systems
Approved by: tea I Gill, B13A, CGA
GM - Corp. & Fin. Servic s
Concurrence: J.L. Oim) Rule 11
Chief Administrative Officer
:kg J
Page 3 of 3
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO.6863-2011
A Bylaw to exempt from taxation, certain properties within
the Corporation of the District of Maple Ridge
WHEREAS, pursuant to provisions of the Community Charter, S.B.C., 2003, Chapter 26, a
Municipal Council may exempt certain land and improvements from taxation, where, in the
opinion of the Municipal Council, the use of the land and improvements qualifies for
exemption;
AND WHEREAS, the Municipal Council deems it expedient to exempt certain land and
improvements;
NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge in
open meeting assembled, ENACTS AS FOLLOWS:
1. This Bylaw shall be cited for all purposes as "Maple Ridge Tax Exemption Bylaw No.
6863-2011".
2. That in accordance with Section 224(2)(i) of the Community Charter, the following
lands and improvements owned or held by an athletic or service club or association
and used principally as a public park or recreation ground or for public athletic or
recreational purposes be exempt from taxation:
(a) Owned by the Ruskin Community Hall
Roll No.: 94856-0000-8 28395 96th Avenue
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
345,200
4,110.75
4,311.75
4,511.97
(b) Owned by the Girl Guides of Canada
Roll No.: 05322-0300-1 26521 Ferguson Avenue
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
587,000
6,990.18
1 7,331.97
7,672.44
(c) Owned by the Scout Properties (B.C./Yukon) Ltd.
Roll No.: 05299-0100-0 27660 Dewdney Trunk Road
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
1,165,000
13,873.18
14,551.53
15,227.24
(d) Portion of Land and Improvements owned by the Corporation of the District of
Maple Ridge
Leased to: Ridge Meadows Senior Society
Roll No.: 52700-0001-0 12148 224th Street
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
3,482,000
44,305.84
46,472.24
48,630.21
(e) Owned by the Fraternal Order of Eagles, Maple Ridge Aerie #2831
Roll No.: 73878-0300-6 23461 132nd Avenue
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
, Exemption
Exemption
488,000
5,811.25
6,095.40
6,378.45
3. That in accordance with Section 224(2)(i) of the Community Charter, the following
lands and improvements owned or held by an athletic or service club or association
and used principally as a public park or recreation ground or for public athletic or
recreational purposes be exempt from taxation; and in accordance with Section
225(2)(e) of the Community Charter, the following land and improvements that are
eligible golf course property, being land maintained as a golf course be exempt from
taxation:
(a) Owned by the Corporation of the District of Maple Ridge
Leased to: Maple Ridge Golf Course Ltd. (Public Golf Course)
Roll No.: 21238-1001-1 20818 Golf Lane
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
2,257,000
27,034.36
28,356.26
29,673.00
4. That in accordance with Section 224(2)(a) of the Community Charter, the following land
and improvements that are owned by a charitable, philanthropic, or other not for profit
corporation, and the council consider are used for the same purpose be exempt from
taxation:
(a) Owned by the Maple Ridge Search and Rescue Society
Roll No.: 84120-0005-0 23598 105th Avenue
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
606,000
Exemption
7,710.90
Exemption
8,087.93
Exemption
8,463.50
5. That in accordance with Section 224(2)(d) of the Community Charter, the interest in
land and improvements of municipal buildings of a non-profit organization specified
-2-
by the council that the non-profit organization uses or occupies as a licensee or
tenant of the municipality, shall be exempt from taxation:
(a) Owned by the Corporation of the District of Maple Ridge
Leased to: The Society for the Prevention of Cruelty to Animals
Roll No.: 84292-0257-0 10235 Jackson Road
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
679,600
8,647.40
9,070.23
9,491.41
(b) Owned by the Corporation of the District of Maple Ridge
Leased to: Katie's Place
Roll No.: 84292-0100-0 10255 Jackson Road
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
136,300
1,734.32
1,819.12
1,903.59
(c) Owned by the Greater Vancouver Sewerage and Drainage District
Leased to: Ridge Meadows Recycling Society
Roll. No.: 84112-0001-0 10092 236t" Street
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
880,000
11,197.34
11,744.85
12,290.23
6. That in accordance with Section 224(2)(f) of the Community Charter, in relation to
property that is exempt under section 220(1)(h) [buildings for public worship], the
following land and improvements, that have been deemed as necessary to the
building set apart for public worship, be exempt from taxation:
(a) Owned by Wildwood Fellowship Church
Roll No.: 05071-0100-5 10810 272nd Street
Exempt 2011
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
222,600
2,650.79
2,780.40
2,909.51
(b) Owned by Pt. Hammond United Church
Roll No.: 10622-0100-0 11391 Dartford Street
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
120,300
1,432.57
1,502.62
1,572.39
-3-
(c) Owned by Christian & Missionary Alliance - Canadian Pacific District
Roll No.: 20804-0401-1 20399 Dewdney Trunk Road
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
439,300
5,231.32
5,487.11
5,741.91
(d) Owned by the St. Pauls Evangelical Lutheran Church of Haney B.C.
Roll No.: 20861-0100-4 12145 Laity Street
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
350,000
4,167.91
4,371.70
4,574.71
(e) Owned by the St. John the Divine Anglican Church
Roll No.: 20920-0100-1 21299 River Road
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
404,400
4,815.72
5,051.19
5,285.75
(f) Owned by Roman Catholic Archbishop of Vancouver Church
Roll No.: 21140-0400-1 20285 Dewdney Trunk Road
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
666,000
7,930.93
8,318.73
8,705.01
(g) Owned by the Christian Reformed Church of Maple Ridge B.C.
Roll No.: 21142-3300-3 20245 Dewdney Trunk Road
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
392,200
4,670.44
4,898.81
5,126.29
(h) Owned by the Burnett Fellowship Baptist Church
Roll No.: 21190-0001-0 20639 123rd Avenue
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
291,100
3,466.51
3,636.01
3,804.85
-4-
(i) Owned by the President of the Lethbridge Stake (Mormon Church)
Roll No.: 21255-0201-X 11750 207th Street
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
380,500
4,531.11
4,752.67
4,973.36
Q) Owned by the Trustees of the Maple Ridge East Congregation of Jehovah's
Roll No.: 21335-2200-2 11770 West Street
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
466,100
5,550.46
5,821.86
6,092.20
(k) Owned by First Church Christ Scientist
Roll No.: 31678-0000-8 11916 222nd Street
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
181,600
2,162.55
2,268.29
2,373.62
(1) Owned by The Church of the Nazarene
Roll No.: 41990-0000-8 21467 Dewdney Trunk Road
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
5,271.69
Exemption
422,053
5,025.94
5,516.48
(m) Owned by the High Way Church
Roll No.: 42162-0000-X 21746 Lougheed Highway
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
458,100
5,455.20
5,721.94
5,987.64
(n) Owned by the Trustees of the Congregation of the Haney Presbyterian Church
Roll No.: 42176-0000-8 11858 2161h Street
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
510,800
6,082.76
6,380.19
6,676.46
- 5 -
(o) Owned by the Trustees of St. Andrews Congregation of the United Church of
Canada
Roll No.: 42249-0100-6 22165 Dewdney Trunk Road
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
1,320,500
15,724.92
16,493.82 1
17,259.72
(p) Owned by M.R. Baptist Church
Roll No.: 42331-0100-1 22155 Lougheed Highway
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
3,661,700
43,604.65
45,736.77
47,860.59
(q) Owned by the Trustees of Webster's Corner United Church
Roll No.: 63029-0100-5 25102 Dewdney Trunk Road
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
232,600
2,769.87
I 2,905.31
3,040.22
(r) Owned by Pentecostal Assemblies of Canada
Roll No.: 63163-2300-2 11756 232nd Street
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
789,000
9,395.66
9,855.07
10,312.70
(s) Owned by Lord Bishop of New Westminster (St. John Evangelical)
Roll No.: 94720-0001-0 27123 River Road
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
491,500
5,852.93
6,139.12
6,424.20
(t) Owned by Ruskin Gospel Church
Roll No.: 94803-0100-3 28304 96th Avenue
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
274,600
3,270.02
3,429.91
3,589.18
a Me
(u) Owned by Roman Catholic Archbishop of Vancouver
Roll No.: 52788-0000-8 22561 1215t Avenue
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
273,700
3,259.30
3,418.67
3,577.42
(v) Owned by The B.C. Conference of the Mennonite Brethren Churches Inc.
Roll No.: 20762-0305-0 20450 Dewdney Trunk Road
2011 Exempt
Estimated Estimated
Estimated
Assessed Value
2012 2013
2014
Exemption Exemption
Exemption
1,901,000
22,637.70
23,744.60
24,847.20
(w) Owned by The Parish of St. George, Maple Ridge
Roll No.: 63157-2001-1 23500 Dewdney Trunk Road
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
336,200
4,003.57
4,199.33
4,394.33
(x) Owned by Generations Christian Fellowship and Colleen Findlay Foundation
Roll No.: 21034-0000-8 11601 Laity Street
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
832,000
9,907.71
10,392.17
10,874.73
(y) Owned by Apostles of Infinite Love, Canada
Roll No.: 94906-0000-3 27289 96th Avenue
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
231,000
2,750.82
2,885.32
3,019.31
(z) Owned by Timberline Ranch
Roll No.: 52982-0000-X 22351 144th Avenue
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
28,700
341.77
358.48
375.13
7. That in accordance with Section 224(2)(g) of the Community Charter, land or
improvements used or occupied by a religious organization, as tenant or licensee, for
the purpose of public worship or for the purposes of a hall that the council considers
is necessary to land or improvements so used or occupied, be exempt from taxation:
-7-
E
M
Leased by Maple Ridge Vineyard Christian Fellowship
Roll No.: 31594-0000-1 22336 Dewdney Trunk Road
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
172,600
707.21
741.79
776.23
Leased by Cornerstone Neighbourhood Fellowship Baptist Church
Roll No.: 94940-0100-X 9975 272nd Street
2011 Exempt
Estimated
Assessed Value
2012
Exemption
755,000
8,990.77
Estimated
Estimated
2013
2014
Exemption
Exemption
9,430.39
9,868.30
8. That in accordance with Section 224(2)(h) of the Community Charter, in relation to
property that is exempt under section 220(1)(1) [private schools], any area of land
surrounding the exempt building shall be exempt from taxation:
(a)
a
(c)
Owned by Haney - Pitt Meadows Christian School Association
Roll No.: 20806-0400-0 12140 203rd Street
2011 Exempt
Estimated
Estimated Estimated
Assessed Value
2012
2013 2014
Exemption
Exemption Exemption
490,400
6,239.97
6,545.09
6,849.01
Owned by Meadowridge School Society
Roll No.: 63414-0002-0 12224 240th Street
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
929,000
11,820.83
12,398.83
12,974.57
Owned by Roman Catholic Archbishop of Vancouver
Roll No.: 52788-0000-8 22561 121s' Avenue
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
258,000
3,282.86
3,443.38
3,603.27
W:2
9. That in accordance with Section 225(2)(b) of the Community Charter the following
Heritage lands and improvements shall be exempt from taxation:
(a) Owned by the Corporation of the District of Maple Ridge
Leased to: The Maple Ridge Historical Society (Haney House)
Roll No.: 31790-0000-4 11612 224th Street
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
481,OOU--T
1,970.83
2,067.20
2,163.19
(b) Owned by the Corporation of the District of Maple Ridge
Leased to: The Maple Ridge Historical Society (Haney Brick Yard Office & Haney
Brick Yard House)
Roll No.: 31962-0502-3 22520 116th Avenue
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
603,000
7,672.72
8,047.89
8,421.60
(c) Owned by the Corporation of the District of Maple Ridge
Leased to: The Maple Ridge Historical Society (St. Andrew's United Church)
Roll No.: 31428-0000-1 22279 116th Avenue
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
175,000
2,226.74
2,335.62
2,444.08
(d) Owned by the Corporation of the District of Maple Ridge
Leased to: Fraser Information Society (Old Japanese School House)
Roll No.: 31492-0000-3 11739 223rd Street
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
266,600
3,392.29
3,558.16
3,723.38
(e) Owned by Prince David Temple Society (Masonic Lodge)
Roll No.: 31429-0100-0 22272 116th Avenue
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
330,300
4,202.82
4,408.32
4,613.03
10. That in accordance with Section 224(2)(c) of the Community Charter, "land or
improvements that the council considers would otherwise qualify for exemption under
section 220 [general statutory exemptions] were it not for a second use", the council
may, by the adoption of a by-law, determine the proportions of the land and
-9-
improvements that are to be exempt and taxable; and Section 224(2)(i) of the
Community Charter, land or improvements owned or held by an athletic or service
club or, association and used principally as a public park or recreation ground or for
public athletic or recreational purposes, shall be exempt from taxation as by the
proportions set in accordance with Section 224(2)(c) of the Community Charter.
(a) land and Improvements owned by the Corporation of the District of Maple
Ridge, Herein called Cam Neely Arena, shall be exempted from 90% of taxation
Roll No.: 84120-0002-0 23588 105th Avenue
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
3,727,800
47,433.46
49,752.79
52,063.10
(b) land and Improvements owned by the Corporation of the District of Maple
Ridge, Herein called The Golden Ears Winter Club, shall be exempted from 95%
of taxation
Roll No.: 84120-0004-0 23588 105th Avenue
2011 Exempt
Estimated
Estimated
Estimated
Assessed Value
2012
2013
2014
Exemption
Exemption
Exemption
3,103,745
39,492.83
41,423.89
43,347.44
Included within each of the exemptions 10(a) and 10(b) is a proportionate share
(based on the square footage areas of Cam Neely Arena, The Golden Ears Winter
Club, and the remainder of the building) of all entrances, lobbies, change rooms,
stairs, elevators, hallways, foyers and other common use areas of the lands and
improvements.
11. The exemption from taxation as herein before noted applies for the year 2012
12. The exemptions granted by this bylaw are without prejudice to any claim for
entitlement to exemption based on any other provisions of the Community Charter or
any other legislation.
READ a FIRST TIME the
READ a SECOND TIME the
day of , 2011.
day of 2011.
READ a THIRD TIME the day of
RECONSIDERED AND ADOPTED the
, 2011.
day of
CORPORATE OFFICER
MIIZ
Deep Roots
Greater Heights
TO:
FROM:
SUBJECT:
District of Maple Ridge
His Worship Mayor Ernie Daykin MEETING DATE: October 3, 2011
and Members of Council FILE NO: CDPR Admin/0640-20
Chief Administrative Officer MEETING: Committee of the Whole
Core Park Construction - Award of Tender
EXECUTIVE SUMMARY:
Tenders for the construction of the Core Park site located west of 222nd Street and north of Church
Avenue were received on September 28, 2011 Six bids in compliance with the tender documents
were received.
The cost of this project in combination with the expenses to date for the demolition of five residences
exceeds the adopted budget. The project is primarily funded through Development Cost Charges
(DCC). The DCC Bylaw that is currently being considered includes a budget increase for this project.
Award of this tender is recommended.
RECOMMENDATION:
That the tender contract PL11-47 for the construction of the Core Park site located west of 222
Street and north of Church Avenue be awarded to Marten Timmer Excavating for $267,103.00 plus
HST and that the Corporate Officer be authorized to execute the agreement.
DISCUSSION:
a) Background Context:
On June 14, 2011 Council authorized staff to proceed with the preparation of tender
documents for the construction of the Core Park site based on the concept plan dated May
3, 2011. Following this authorization Staff have proceeded with the demolition of the five
residences on the park site and issued a tender on September 9, 2011 for the Core Park
Construction. The demolition work is now substantially complete in preparation for park
development.
b) Business Plan/Financial Implications:
The six compliant bids for Tender PL11-47 ranged from the low bid from Marten Timmer
Excavating Ltd. of $267,103.00 to a high bid of $370,979.00. In addition two non -compliant
bids were received.
The approved budget for the total construction of this park is $310,488. The budget is in the
process of being amended to $410,488 and will be sufficient to fund the demolition costs,
the award of this tender, and the supply and installation of park amenities, i.e. a drinking
fountain, play equipment, benches and outdoor fitness equipment.
1151
Cost Breakdown
Consulting/Landscape $18,000
Demolition/Hazard Abatement 57,185
Haz/Mat Consultant 4,240
Construction Tender 267,103
Allowance for Play/Fitness Equip/Amenities 63.960
Total 41 4
Adopted Budget $310,488
Amendment in process 100,000
Anticipated Budget $41 4488
CONCLUSIONS:
Staff recommend that the Corporate Officer be authorized to enter into an agreement with Marten
Timmer Excavating Ltd. for the construction of Tender PL11-47 at Core Park.
444�1
Prepared by: Bruce McLeod, MBCSLA
Manager of Parks and Open Space
Approved by., '-David Boag f' i
Director of Parks and Facilities
Reviewed by: revor ompson
Manager of Financial Planning
�J
Approved by: e Wheeler (acting)
General Manager Community Development
Parks and Recreation
ce: J.L. (Jim) Rule
Chief Administrative Officer
bmd
E
Deep Roots
Greater Heights
TO:
FROM:
District of Maple Ridge
His Worship Mayor Ernie Daykin
and Members of Council
Chief Administrative Officer
MEETING DATE: October 3, 2011
FILE NO: CDPR-Admin/0640-20
MEETING: Committee of the Whole
SUBJECT: MAPLE RIDGE EQUESTRIAN SPORTS CENTRE LICENSE TO OCCUPYAGREEMENT
EXECUTIVE SUMMARY:
See the attached report reviewed by the Maple Ridge and Pitt Meadows Parks & Leisure
Services Commission at their meeting on September 8, 2011.
RECOMMENDATION:
That on the recommendation of the Maple Ridge and Pitt Meadows Parks & Leisure Services Commission,
the Manager, Legislative Services be authorized to sign the Maple Ridge Equestrian Sports Centre License
to Occupy Agreement.
Prepared by: vld Boag,
Director, Parks & Facilities
Approved by: Sue Wheeler
A/General Manager, Community Development
Parks & Recreation
Approved by:
General Manager, Corp a'rate nd Finance
I\. � /'/ /
Concurrence: J.L. (Jim) Rule
Chief Administrative Officer
Attachments:
MR/PM Parks & Leisure Services Commission Report - 2011-09-08
Maple Ridge Equi-Sports Centre License to Occupy Agreement
DBA
1152
1W Maple Ridge and Pitt Meadows
Parks & Leisure Services Commission Report
REGULAR MEETING
""S & LE..URE SERVICES September 8, 2011
SUBJECT: MAPLE RIDGE EQUESTRIAN SPORTS CENTRE LICENSE TO OCCUPY AGREEMENT
EXECUTIVE SUMMARY:
Parks staff through discussion with the operator of the Maple Ridge Equi-Sport Centre, have
prepared a License to Occupy agreement that will grant the Equi-Sport Centre the right to operate,
and manage the license area that contains the horse jumping course north of the Equi-Sport Centre.
In retl irn the FnI ii—Spnrt rants will maintain the site and nmviria n financial Cnntrihlitinn to the
District of Maple Ridge for the use of District land. It is recommended that the Commission endorse
the attached License to Occupy and forward to Maple Ridge Council,
RECOMMENDATION:
That the Maple Ridge and Pitt Meadows Parks & Leisure Services Commission endorse the License to
Occupy and forward to Maple Ridge Council for consideration.
DISCUSSION:
In 2010 the District of Maple Ridge acquired a 6.3ha parcel of land north of the Maple Ridge Equi-
Sport Centre (MRESC). This land had been leased by the previous owner to the MRESC for the
operation of a horse jumping course.
In the past, this property has supported equestrian activities that have provided active recreational
opportunities for the community. Parks staff are proposing a License to Occupy (LOC) agreement that
will permit these recreational activities to continue.
The LOC agreement is similar to that which was issued to Wildplay Adventures for the use of the
former campground site in Maple Ridge Park. This agreement allows the Licensee to construct,
improve, and maintain their facilities on the land. The License to Occupy will allow the Licensee the
exclusive right to possess and occupy the area, without the transfer of any land or interest in the
land to the Licensee.
The agreement also provides the Licensee with the non-exclusive right to access and use the License
Area, including the Additional Facilities (parking) to ensure continued access by the public.
In return for the use of the District's land the Licensee will maintain the property to a standard that
will allow equestrian activities to continue on the site, arrange for garbage disposal from the site,
maintain insurance on the horse jumping course and provide a basic fee of $10,000 per annum,
beginning January 2012. No fee will be applied for 2011 as the uncertainty of a final agreement did
cause some impact to booking the field for MRESC events.
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CONCLUSIONS:
Based on the attached document it is recommended the Commission endorse the License to Occupy
and forward to Maple Ridge Council for consideration.
Prepared By: Bruce McLeod, MBCSLA
Title: Manager, Parks and Open Space
Date: 2011-09-08
Approved By: Kelly Swift
Title: General Manager, Community
Development, Parks and Recreation,
Date: 2011-09-08
Attachment: License to Occupy Agreement
:BMcL
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LICENSE TO OCCUPY
THIS LICENSE TO OCCUPY dated for reference the 51h day of January, 2012.
BETWEEN:
1e1►1 ��
DISTRICT OF MAPLE RIDGE
11995 Haney Place
Maple Ridge, BC V2X 6A9
MREC HOLDINGS LTD.
21973 132nd Avenue
Maple Ridge, BC V4R 2T1
(the "Licensor")
(the "Licensee")
A. The Licensor owns certain lands situate in the District of Maple Ridge used for park
purposes, more particularly described as:
PID: 027-025-721
Lot B, Section 30, Township 12,
Plan: BCP 29365
( the "Lands"); and
B. The Licensee desires to construct, maintain, operate and use an Equestrian Horse Jumping
course over that portion of the Lands (the "License Area") outlined in red on the sketch plan
attached hereto as Schedule A.
NOW THEREFORE, in consideration of premises and the mutual covenants and conditions set out in
this License to Occupy, the Licensor and Licensee agree as follows:
1. DEFINITIONS AND INTERPRETATION
1.1 The terms defined in this clause 1.1, for all purposes of this License to Occupy unless
otherwise specifically provided, have the following meanings:
(a) "Additional Facilities" means the Licensor's parking facilities located within the
License Area.
(b) "Basic Fee" as of any particular time means the net basic fee provided for in this
License to Occupy as specified in Article 3 of this License to Occupy.
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(c) "Commencement Date" means the earlier of (i) the first day of the month in which
the Horse Jumping Course is first open to the Licensee's customers or (ii) August 1,
2011.
(d) "Horse Jumping Course" is limited to improvements only and includes all structures
and buildings constructed upon the License Area by or for the Licensee pursuant to
the provisions of this License to Occupy for a horse jumping course together with all
ancillary facilities, including without limitation, hard landscaping, monitored
pathways, maintenance and security facilities, and all necessary services and
ancillary facilities, together with all replacements, alterations, additions, changes,
substitutions, improvements, or repairs to them and all other improvements from
time to time constructed upon or placed on the License Area, including without
-limitation:
(i) a "horse jumping course " of multiple elements, for equestrian jump training
and competition purposes;
(iv) paring area forequestrin cn,akaete and park guests.
Notwithstanding anything to the contrary contained in this License to Occupy, the
Licensee shall have the right to exclusively possess and occupy the Horse Jumping
Course during the Term, provided that this License to .Occupy shall not be construed
to grant or transfer any land or interest in land to the Licensee.
(e) "Person" or any word or expression descriptive of a person, includes any body
corporate and politic, the heirs_ , executors, administrators, or other legal
representatives of such person.
(f) "Prime Rate" means the annual percentage rate of interest established from time to
time by the Royal Bank, Main Branch, Victoria, British Columbia as the base rate that
will be used to determine rates of interest charged by it for Canadian dollar loans to
customers in Canada and designated by the Royal Bank as the prime rate.
(g) "License Fee" means the Basic Fee, and any other amounts payable to the Licensor
by the Licensee under this License to Occupy.
(h) "Term" means the term as set out in clause 4.1 of this License to Occupy.
1.2 All of the provisions of this License to Occupy will be deemed and construed to be conditions
as well as covenants as though the words specifically expressing or importing covenants or
con ditiV110 6vere used in eaC11-1 separate clause of this License to Occupy.
1.3 The words "herein", "hereby", "hereunder", and words of similar import refer to this License
to Occupy as a whole and not to any particular article, clause, or subclause of the License to
Occupy.
1.4 The captions and headings throughout this License to Occupy are for convenience and
reference only and the words and phrases used in the captions and headings will in no way
be held or deemed to define, limit, describe, explain, modify, amplify, or add to the
interpretation, construction, or meaning of any clause or the scope or intent of this License to
Occupy, nor in any way affect this License to Occupy.
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2. GRANT
2.1 Subject to the terms and conditions of this License to Occupy, the Licensor hereby grants the
Licensee:
(a) the right to construct, improve, repair, maintain, operate, and manage the Horse
jumping course in the License Area;
(b) the exclusive right to possess and occupy the Horse Jumping Course; and
(c) a non-exclusive right to access and use the License Area, including without limitation
the Additional Facilities, in connection with the purposes set out in subclause 2.1(a),
of liz; 've immediately upon the execution and delivery of this License to Occupy.
3. PAYMENT OF LICENSE FEES
3.1 License Fees. In addition to all other obligations of the Licensee under this License to
Occupy, and subject to clause i7.1 of this License to Occupy:
(a) In Year One through Year Three of the Term, the Licensee covenants and agrees to
pay to the Licensor an. annual License Fee:
(i) Basic Fee in the amount of $10,000 per annum, payable in 2 equal
installments with the first being on June 30th and the second being on
November 30th of each year of this agreement.
3.2 Deposit. The Licensor acknowledges receipt of a deposit of $100.00 which will be applied
toward the Basic Fee payment specified in subclause 3.1(a) (i).
3.3 Payments Generally. All payments by the Licensee to the Licensor of whatsoever nature
required or contemplated by this License to Occupy will be:
(a) paid to the Licensor by the Licensee in lawful currency of Canada;
(b) made when due under this License to Occupy, without prior demand and without any
set-off, abatement, or deduction whatsoever, at the office of the Licensor or such
other place as the Licensor may designate from time to time to the Licensee;
(c) applied towards amounts then outstanding under this License to Occupy, in such
manner as the Licensor may see fit; and
(d) deemed to be License Fees, in partial consideration for which this License to Occupy
has been entered into, and will be payable and recoverable as License Fees, such
that the Licensor will have all of the rights and remedies against the Licensee for
default in making any such payment that may not be expressly designated as license
fees, as the Licensor has for default in payment of License Fees.
3.7 Interest on Amounts in Arrears. When the License Fees are in arrears, such amounts will
bear interest, including interest on overdue interest, at the Prime Rate per annum plus 3%
calculated monthly not in advance from the date due until paid, irrespective of whether or
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not the Licensor demanded payment. The Licensor will have all the remedies for the
collection of such interest, if unpaid after demand, as in the case of License Fees in arrears,
but this stipulation for interest will not prejudice or affect any other remedy of the Licensor
under this License to Occupy. If a court declares or holds the Prime Rate to be void or
unenforceable for any reason including uncertainty, then the rate of interest payable on
amounts in arrears under this License to Occupy will be eighteen percent (18%) per annum
calculated monthly not in advance from the date due until paid.
3.8 GST/HST. The Licensee agrees to pay to the Licensor at the times required by the applicable
legislation all goods and services taxes or harmonized sales taxes payable under the Excise
Tax Act (Canada) or such other tax as may be substituted for those taxes from time to time.
4, OPERATIONS AND PRICING
4.1 Term. The Term of this License to Occupy shall be three (3) years from the Commencement
Date.
Provided
that the License default under Occupy, the Licensee
vac. riwiuCu uia� the Licensee is ii0t in ueiaui� u�ic�er this License t0
shall have the right to renew the term for three (3) further terms of three (3) years each (each
a "Renewal Ter � i "), with i the first Renewal Term to be on exactly the same terms and
conditions as for the initial Term, including. without limitation the License Fees, and the
second Renewal Term to be on exactly the same terms and conditions as for the initial Term
and first Renewal Term except with respect to the Basic Fee which will be negotiated
between the parties, but in no event will the Basic Fee for the second Renewal Term be more
than seven percent (7%) higher than the initial Term.
4.2 Licensee Responsibilities. The Licensee, shall be the operator of the Horse Jumping Course
including but not limited to design, installation, staff training, staff scheduling,
demonstrations, supervision, guiding, inspection, and maintenance.
4.3 Hours of Operation. The Horse Jumping Course will be open year-round, where operationally
reasonable and where weather permits, with hours of operation reflecting the seasons,
public demand and the operational necessities of the Licensee.
4.4 Garbage disposal. The Licensee agrees to empty bear proof garbage barrels placed at the
site by the District, for use by park patrons using the trial network adjacent to the site and
dispose of the garbage in an appropriate manner.
5. USE OF HORSE JUMPING COURSE
5.1 The Licensee covenants and agrees with the Licensor that neither the License Area nor the
Horse Jumping Course, or any part thereof, will be used for any purposes except that of an
equestrian centre Horse Jumping Course, together with other facilities ancillary to and
connected with the Course.
5.2 The licensor agrees to consult the licensee with regard to any other rental requests that the
licensor may receive from time to time, to determine the compatibility of use as well as any
potential risk of damage to the Horse Jumping Course or participants.
6. INSURANCE
6.1 Insurance. At all times following the execution and delivery of this License to Occupy until
the expiration of the Term, the Licensee will, at its expense, insure and keep insured or
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cause to be insured the Horse Jumping Course with one or more companies entitled to do
business in the Province of British Columbia against loss or damage by fire and other perils
now or hereafter from time to time included in the commercial building form of insurance
coverage applicable to similar properties as the License Area and the Horse Jumping Course
and effected in the Province of British Columbia by prudent owners from time to time during
the Term, including, without restricting the generality of the foregoing, the hazards of
lightning, earthquake, explosion, wind storm, cyclone, tornado, hail, riot, civil commotion,
malicious damage, aircraft, smoke, and vehicle damage to the extent that insurance against
such risk or perils, or any of them, may be obtained in an amount equal to the full
replacement value of the property being insured.
6.2 Commercial General Liability. At all times following the execution and delivery of this License
to occupy until the expiration of the Term, the Licensee will at its own expense maintain with
one or more companies duly authorized to carry on business within the Province of British
Columbia, commercial general liability insurance against claims for personal injury, death, or
property damage or loss arising out of the use the Horse Jumping Course, indemnifying and
protecting the Licensor and its respective servants and agents and the Licensee to limits
approved by the Licensor from time to time, such approval not to be unreasonably withheld,
but in no event shall be no less than $5,000,000 per occurrence.
6.3 Identity of Insured and Subrogation. Any and all policies of insurance referred to in the
clauses-6.1 and 6.2 will:
(a) be written in the name of the Licensee and the Licensor as the insured with loss
oavable to the Licensor and the Licensee as their respective interests may appear;
(b) contain a cross -liability clause and a waiver of subrogation clause in favour of the
Licensor;
(c) contain a clause to the effect that any release from liability entered into by the
Licensee prior to any loss will not affect the right of the Licensee, the Mortgagee, or
the Licensor to recover;
(d) contain a provision or bear an endorsement that the insurer will not cancel such
policy without first giving the Licensor and the Mortgagee at least 30 days' notice in
writing of its intention to cancel; and
(e) generally be written on forms and by companies reasonably acceptable to the
Licensor.
6.4 Release of Licensor from Liability for Insured -Lass ar Dama e. The Licensee hereby releases
the Licensor and its servants, agents, successors, and assigns from any and all liability for
loss or damage caused by any of the perils against which the Licensee has insured or
pursuant to the terms of this License to Occupy is obligated to insure the Horse Jumping
Course, or any part or parts of them, and the Licensee hereby covenants to indemnify and
save harmless the Licensor and its respective servants, agents, successors, and assigns
from and against all manner of actions, causes of action, suits, damages, loss, costs, claims,
and demands of any nature whatsoever relating to such insured loss or damage or loss or
damage that the Licensee is obligated to insure, provided that the loss or damage was not
caused by the negligent or willful misconduct of the Licensor or its agents or employees.
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6.5 Workers' Compensation Coverage. At all times following the execution and delivery of this
License to Occupy until the expiration of the Term, the Licensee will at its own expense
procure and carry, or cause to be procured and carried and paid for, full workers'
compensation coverage in respect of all workers, employees, servants, and others engaged
in or upon any work, non-payment of which would create a lien on the Lands or the Horse
jumping Course.
6.6 Pa ment of Insurance Premiums. The Licensee will pay or cause to be paid all of the
premiums under the policies of insurance referred to herein as they become due and
payable; and in default of payment by the Licensee, the Licensor may pay the same and add
the amount so paid to the License Fees.
6.7 Copies of Insurance Policies. If requested by the Licensor the Licensee will promptly from
time to time deliver or cause to be delivered to the Licensor certified copies of all policies of
insurance referred to in this Article 6 and obtained and maintained by the Licensee,
accompanied by evidence satisfactory to the Licensor that the premiums on those policies
have been paid.
6.8 Insurance May be Maintained by Licensor. The Licensee agrees that should the Licensee at
any time during the Term fail to insure or keep insured the Horse Jumping Course against
loss or damage by fire and other perils as required under clause 6.1, or fail to maintain
insurance against claims for personal injury, death, or property damage or loss as required
under clause 6.2, then in any of such events, the Licensor, although not obliged to do so,
may obtain and maintain such insurance in such amount or amounts with such deductible
amounts and for such period or periods of time as the Licensor deems advisable: and the
Licensee will pay to the Licensor as Additional Fees, upon the Licensor obtaining any such
insurance and thereafter annually during the Term, within 30 days after receipt of any invoice
from the Licensor, such amounts as the Licensor has expended for such insurance. If the
Licensor pays for or obtains and maintains any insurance pursuant to this clause, the
Licensor will submit to the Licensee annually a statement of the amount or amounts payable
by the Licensee under this clause as the cost of such insurance for the next ensuing year,
and upon receipt of payment will apply the payment on account of the premiums of such
insurance with the loss, if any, thereunder payable to the Licensor, the Licensee, and any
Mortgagee as their interests may appear.
7. REPAIRS AND MAINTENANCE
7.1 Licensor Not Obliged to Repair. The Licensor will not be obliged to furnish any services or
facilities or to make repairs or alterations in or to the Horse Jumping Course or the Additional
Facilities, the Licensee hereby assuming the full and sole responsibility for the condition,
operation, repair, maintenance, and management of the Horse Jumping Course and the
Additional Facilities; provided, however, the Licensee will not be responsible for any required
capital improvements to the Additional Facilities.
7.2 Repair by the Licensee. The Licensee will during the Term, at its cost, by itself or by the use
of agents, keep in good order and condition (reasonable wear and tear excepted) the Horse
Jumping Course and the Additional Facilities and the appurtenances and equipment
attached thereto, both inside and outside, including but not limited to fixtures, walls,
foundations, roofs, vaults, elevators (if any) and similar devices, heating and air-conditioning
equipment, sidewalks, landscaping, yards and other like areas, water and sewer mains and
connections, water, steam, gas, and electric pipes and conduits, and all other fixtures,
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machinery, and equipment used or required in the operation of the Horse Jumping Course or
the Additional Facilities, whether or not enumerated in this License to Occupy, and keep the
Horse Jumping Course and Additional Facilities and aforesaid fixtures, appurtenances, and
equipment fully usable for all of the purposes for which the Horse Jumping Course and
Additional Facilities were erected and constructed and the specified fixtures, appurtenances,
and equipment were supplied and installed. Such repairs will be in all respects to the
standard at least substantially equal in quality of material and workmanship to the original
work and material in the Horse Jumping Course and the Additional Facilities and aforesaid
fixtures, appurtenances, and equipment. Notwithstanding the generality of the foregoing, the
Licensee will not be responsible for any required capital improvements to the Additional
Facilities.
7.3 No Unlawful Purpose. The Licensee will not use or- occupy or permit to be used or occupied
the License Area, Horse Jumping Course, Additional Facilities, or any part of them for any
illegal or unlawful purpose or in any manner that will result in the cancellation of any
insurance, or in the refusal of any insurers generally to issue any insurance as requested.
7.4 Removal of Horse Jumping Course at Termination. At the expiration or other termination of
this License to Occupy, the Licensee will, except as may be otherwise expressly provided in
this License to Occupy, remove the Horse Jumping Course from the License Area, along with
any other temporary or moveable fixtures, appurtenances, and equipment attached thereto,
and will restore the License Area to substantially the condition that existed as of the
reference date of this License to Occupy.
7.5 License Area Accepted "As Is". The Licensee accepts the License Area (including the
Additional Facilities) "as is" knowing the condition of the License Area, and agreeing that the
Licensor has made no representation, warranty, or agreement with respect to the License
Area, except as may be otherwise expressly provided in this License to Occupy.
7.6 Repairs to the Horse jum.ping Course and Additional Facilities by Licensor. If at any time
during the Term the Licensee fails to maintain the Horse Jumping Course, Additional
Facilities, or the fixtures, appurtenances, and equipment attached thereto, both inside and
outside, in the condition required by the provisions herein, the Licensor through its agents,
servants, contractors, and subcontractors may but will not be obliged to enter upon those
parts of the Horse Jumping Course and Additional Facilities required for the purpose of
making the repairs required herein. The Licensor will make such repairs, only after giving the
Licensee 60 days' written notice of its intention so to do, except in the case of an emergency
when no notice to the Licensee is required. Any amount paid by the Licensor in making such
repairs to the Horse Jumping Course or the Additional Facilities or any part or parts thereof,
together with all costs and expenses of the Licensor, will be reimbursed to the Licensor by
the Licensee on demand plus a 15% administration flee together with interest at the rate
specified herein.
7.7 The licensee shall not remove any trees from the site without the written permission of the
licensor, which may only be approved after the Licensors Arborist has deemed a tree to be
dead, diseased or dangerous.
8. DAMAGE OR DESTRUCTION
8.1 License Fees Not to Abate. The partial destruction or damage by fire or other casualty of
10% or less of the Horse Jumping Course or the Additional Facilities will not terminate this
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License to Occupy or entitle the Licensee to surrender its rights under this License to Occupy
or to demand any abatement or reduction of the License Fees or other charges payable
under this License to Occupy, any law or statute now or in the future to the contrary.
8.2 Licensee's Obligations When the Horse Jumping Course Is Damaged or Partially Destroyed.
The Licensee covenants and agrees with the Licensor that in the event of damage to or
partial destruction of the Horse Jumping Course, the Licensee, subject to the regulations and
requirements of the Authority and any other government authority having jurisdiction, will
where commercially reasonable and possible in the event of damage to natural features
integral to the operation of the Horse Jumping Course, repair, replace, or restore any part of
the Horse Jumping Course or Additional Facilities so destroyed. However, the foregoing
notwithstanding, where destruction of the natural features integral to the operation of the
Horse Jumping Course has occurred and it is not commercially reasonable or possible to
repair, replace, or restore all of the damaged portions of the Horse Jumping Course or the
Additional Facilities, then either party, at its option, may terminate this License to Occupy.
9. OBSERVANCE OF REGULATIONS
9.1 The Licensee covenants with the Licensor that, notwithstanding any other provision of this
License to Occupy to the contrary, throughout the Term the Licensee will comply with all
provisions of law, including without limitation municipal, regional, provincial, and federal
legislative enactments concerning, without limitation, all environmental, police, fire, and
sanitary regulations, zoning and building bylaws, and any municipal, regional, provincial,
federal or other government regulations that relate to the construction and erection of the
Horse Jumping Course, to the equipment and maintenance of the Horse Jumping Course or
the Additional Facilities, to the operation, occupation, and use of the Horse Jumping Course,
Additional Facilities, or the License Area to the extent that the Licensee operates, occupies,
and uses the Horse Jumping Course, Additional Facilities, or the License Area, and to the
making of any repairs, replacements, alterations, additions, changes, substitutions, or
improvements of or to the Horse Jumping Course, Additional Facilities, or the License Area or
any part of them.
9.2 The Licensor shall be responsible for the provision and posting of all park regulation signs at
the site which ay include, but are not limited to litter, dog bylaws and park hours
9.3 The licensee shall be responsible for the provision and posting of all signs required to warn
park patrons and equestrians of safe practices and prohibitions at the Horse Jumping
Course.
9.4 The above does not preclude the licensee and licensor collaborating on the production of
mutually agreeable signs if they so wish. but are not obliged to do so. Signs may include
observance of event safety protocols, obeying Field Marshall's instructions and other rules
that may be deemed appropriate from time to time.
offiTIMMIETIffiro
10.1 Breach. Violation, or Non -Performance of Covenants by _Licensee. The Licensee will
indemnify and save harmless the Licensor, its servants, agents, successors, and assigns
from any and all manner of actions, causes of action, suits, damages, loss, costs, builders'
liens, claims, and demands of any nature whatsoever relating to and arising out of any
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breach, violation, or non-performance of any covenant, condition, or agreement in this
License to Occupy to be fulfilled, kept, observed and performed by the Licensee.
10.2 Iniury. Damage, or Loss of Pro ert . The Licensee will indemnify and save harmless the
Licensor from any and all manner of actions, causes of action, suits, damages, loss, costs,
claims, and demands of any nature whatsoever relating to and arising directly or indirectly
from the Licensee's occupation or use of the License Area, Horse Jumping Course, or
Additional Facilities, or the exercise of any contractual rights under this Licence, including
without limitation:
(a) any injury to person or persons, including death resulting at any time; and
(b) any damage to or loss of property;
however, no provision of this License to Occupy will require the Licensee to indemnify the
Licensor against any actions, causes of actions, suits, claims, or demands for damages
arising out of the willful or negligent acts'or omissions of the Licensor, its servants, agents, or
contractors, unless the act or omission involves a peril against which the Licensee is
obligated to place insurance, in which case the release and indemnity specified herein
absolves the Licensor of all liability with respect to the act or omission.
10.3 Indemnification Survives Termination of License to Occu . The obligation of the Licensee to
indemnify the Licensor under any provision of this License to Occupy with respect to liability
by reason of any matter arising prior to the end of the Term, will survive any termination of
this License to Occupy, anything in this License to Occupy to the contrary notwithstanding.
11. ASSIGNMENT
11.1 (a) Except as expressly provided in this Article, the Licensee will not assign this License
to Occupy in whole or in part.
12. DEFAULT AND TERMINATION
12.1 If:
(a) the Licensee breaches its obligation to pay the License Fees in the amounts and at
the times provided in this License to Occupy;
(b) the Licensee breaches its obligation to insure and maintain such insurance strictly in
accordance with Article 6;
(c) the Licensee makes a general assignment for the benefit of creditors, consents to or
is adjudicated bankrupt or insolvent, applies, petition or consents to reorganization
or readjustment of its indebtedness under the Bankruptcy and Insolvency Act or the
Companies Creditors Arrangement Act;
(d) a receiver, receiver manager, interim receiver or trustee is appointed of substantially
all of the Licensee's property, or of the Horse Jumping Course;
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(e) the Licensee is struck from the Registrar of Companies in British Columbia, or is
wound -up or dissolved voluntarily, or by order or otherwise;
(f) the Licensee ceases to operate for a period of sixty days without the written approval
of the Licensor; or
(g) the Licensee is otherwise in breach of its obligations under this License to Occupy,
(each individually, an "Event of Default") and, provided such Event of Default is capable of
being cured, the Licensee fails to cure such Event of Default within 30 days of receiving
written notice thereof from the Licensor, then the Licensor may terminate this License to
Occupy effective immediately without further notice to the Licensee.
13. SURRENDER OF LICENSE AREA
i3.i At the expiration or sooner termination of the Term, the Licensee will surrender the License
Area to the Licensor in the condition in which it was required to be kept by the Licensee
under the provisions of this License to Occupy, except as otherwise expressly provided in this
License to Occupy. The Licensee will not be entitled to any compensation from the Licensor
for surrendering the License Area as provided.
14. OWNERSHIP OF HORSE JUMPING COURSE
14.1 Licensor's Right to Encumber. The Licensee acknowledges that the Licensor has the right to
charge the Lands, or any part of them. by way of easement, right of way, or restrictive
covenant in favour of a Crown corporation or agency, a municipality, a regional district, or
other government agency or authority. The Licensor covenants and agrees that it will not to
register any charge against the Lands or grant any license or contract rights to a third party if
such charge or rights would interfere with the Licensee's use of the License Area, horse
jumping course, or Additional Facilities as permitted and contemplated in this License to
Occupy.
14.2 Ownership of the Horse Jumping_ Course. The Licensor and the Licensee agree that the title
to and ownership of the Horse Jumping Course and all alterations, additions, changes,
substitutions, or improvements to it will at all times both during and after expiration of the
Term and any Renewal Term be vested in the Licensee, notwithstanding any rule or law as to
the immediate vesting of the title to and ownership of the Horse Jumping Course in the
Licensor as owner of the freehold. The title to and ownership of the Horse Jumping course
will not pass to or become vested in the Licensor unless at the expiration of the Term either
by forfeiture, default, or lapse of time under the terms of this License to Occupy, the
Licensee, with the consent of the Licensor elects to not remove the Horse Jumping Course, in
which event the Horse Jumping Course will become the absolute property of the Licensor free
of all encumbrances.
15. NOTICE
15.1 All notices, demands, and requests that may be or are required to be given pursuant to this
License to Occupy will be in writing and will be sufficiently given if served personally upon the
party or an executive officer of the party for whom it is intended or mailed prepaid and
registered addressed to the parties at the addresses set out on the title page of this License
to Occupy, or such other addresses as the parties may from time to time advise by notice in
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writing. Mortgagees of this License to Occupy will supply their respective mailing addresses
to the Licensor and the Licensee. The date of receipt of any such notice, demand, or request
will be deemed to be the date of delivery if such notice, demand, or request is served
personally or if mailed on the second business day following the date of such mailing,
provided however that if mailed, should there be between the time of mailing and the actual
receipt of the notice a mail strike, slowdown of postal service, or other labour dispute that
affects the delivery of such notice, then such notice will be deemed to be received when
actually delivered.
16. ENVIRONMENTAL
16.1 For purposes of this Article:
(a) "Environmental Contaminants" means any contaminants, pollutants, hazardous,
corrosive or toxic substances, flammable materials, explosive materials, radioactive
materials, dangerous goods, microwaves, hazardous waste, urea formaldehyde,
asbestos, noxious substances, compounds known as chlorobiphenyls, mould, and
any other substance or material the storage, manufacture, disposal, treatment,
generation, use, transport, remediation, or release of which into the environment is
prohibited, regulated, controlled, or licensed under Environmental Laws; and
(b) "Environmental Laws" means any laws, statutes, regulations, orders, bylaws, permits
or lawful requirements of any government authority with respect to environmental
protection, or regulating, controlling, licensing, or prohibiting Environmental
Contaminants. -
16.2 The Licensor represents and warrants to the Licensee, and acknowledges that the Licensee
is relying on such representations and warranties in entering into this License to Occupy, that
as of the date of this License to Occupy, the Lands are free of Environmental Contaminants,
except in amounts which are permissible under Environmental Laws.
16.3 The Licensee covenants and agrees not to bring onto the License Area for any purpose
whatsoever any matter considered by the Licensee, acting reasonably, to be an
Environmental Contaminant.
17. MISCELLANEOUS
17.1 Licensee's Improvements to Additional Facilities: Right to Set -Off Against License Fees. The
Licensor hereby consents to the Licensee performing such improvements to the Additional
Facilities as are reasonably required or desirable for the operation of the Horse Jumping
Course as contemplated herein.
17.2 Covenant Res ectin Charges, Encumbrances and Licenses. The Licensor covenants with
the Licensee that the Licensor has a good and marketable title in fee simple to the Lands
and that the Licensor has not at any time prior to the reference date of this License to
Occupy made, done, committed, executed, or willfully or knowingly permitted any act, deed,
matter, or thing whatsoever whereby the Lands or any part of the Lands are charged or
encumbered in title or estate other than the subsisting exceptions and reservations
contained in the original grant of the Lands from the Crown and any restrictive covenants
and/or easements and/or rights -of -way in favour of the Licensor or other public bodies that
may be registered against the Lands. The Licensor also covenants that it has not at any time
prior to the reference date of this License to Occupy granted any license or contract rights to
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a third party that would interfere with the Licensee's use of the License Area, Horse Jumping
Course, or Additional Facilities as permitted and contemplated in this License to Occupy.
17.3 Covenant Respecting Authoritv to License to Occupy. The Licensor covenants with the
Licensee that it now has in itself good right, full power, and authority to License to Occupy
the Lands to the Licensee in the manner and according to the true intent of this License to
Occupy.
17.4 Waiver by Licensor. The failure of the Licensor to insist upon the strict performance of any
covenant or agreement of this License to Occupy will not waive such covenant or agreement,
and the waiver by the Licensor of any breach of any covenant or agreement of this License to
Occupy will not waive such covenant or agreement in respect of any other breach. The
receipt and acceptance by the Licensor of License Fees or other moneys due under this
License to Occupy with knowledge of any breach of any covenant or agreement by the
Licensee will not waive such breach. No waiver by the Licensor will be effective unless made
in writing.
1i S. ULIVERAL PROVISIONS
18.1 Time of the Essence. Time is of the essence of this License to Occupy and no extension or
variation of this License to occupy shall operate as a waiver of this provision.
18.2 No Modification. This License to Occupy may not be modified or amended except by an
instrument in writing of equal formality as this License to Occupy executed by the Licensor
and the Licensee or by the successors or assigns of the Licensor and the successnrs or
permitted assigns of the Licensee.
18.3 Remedies Cumulative. No reference to or exercise of any specific right or remedy herein
shall prejudice or preclude the non -breaching party from any other remedy at law or equity or
expressly provided for herein, and the non -breaching party may from time to time exercise
any one or more remedies independently or in combination.
18.4 Successors and Assigns. It is agreed that these presents will extend to, be binding upon, and
enure to the benefit of the Licensor and the Licensee and the successors and assigns of the
Licensor and the successors and permitted assigns of the Licensee.
18.5 Governing Law. This License to Occupy shall be governed by and interpreted in accordance
with the laws of the Province of British Columbia and the laws of Canada applicable therein.
18.6 Counterparts. This License to Occupy may be executed in several counterparts, including by
facsimile; each of which when executed shall hp cleemed to he an original and ci ink
v ci in i
counterparts together shall be but one and the same instrument.
18.7 Survival. Any provision of this License to Occupy that explicitly or by implication extends past
the expiration or termination of this Agreement shall continue in force notwithstanding the
termination or expiry of this Agreement, unless a shorter survival period is specifically set out.
18.8 Further Acts. Each of the parties to this License to Occupy shall, at the request of any other
party, execute and deliver any further documents and do all acts and things as that parry may
reasonably require in order to carry out the true intent and meaning of this Agreement.
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IN WITNESS WHEREOF, the Licensor and the Licensee have executed this License to Occupy as of
the date first above given.
LICENSOR:
The Corporate Seal of the DISTRICT OF
MAPLE RIDGE was hereunto affixed in the
presence of:
Mayor:
Manager, Legislative Services:
LICENSEE:
The Corporate Seal of the [MREC Holdings
Ltd.] was hereunto affixed in the presence of:
Jack Polo, Authorized Signatory
C/S
C/S
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