HomeMy WebLinkAbout2012-02-28 Council Meeting Agenda and Reports.pdfDistrict of Maple Ridge
COUNCIL MEETING AGENDA
February 28, 2012
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.mar)leridge.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 February 14, 2012
502 Minutes of the Public Hearing of February 21, 2012
503 Minutes of the Development Agreements Committee Meetings of February
8(2) and 15, 2012
Page 1
Council Meeting Agenda
February 28, 2012
Council Chamber
Page 2of6
600 PRESENTATIONS AT THE REQUEST OF COUNCIL
700 DELEGATIONS
800 UNFINISHED BUSINESS
Note: Item 801 was forwarded from the February 20, 2012 Council Workshop
Meeting
801 Reconsideration of Resolution No. 2012-053 "That Bylaw No. 6897-2012
not be given first reading " adopted at the February 14, 2012 Council
Meeting
Staff report dated February 6, 2012 recommending that Maple Ridge Zone
Amending Bylaw No. 6897-2012 to permit a townhouse development not
be given first reading.
900 CORRESPONDENCE
IF$ZfZ:y All%.
Note: Items 1001 to 1002.3 are from the Public Hearing of February 21, 2012
Bylaws for Third Readings
1001 RZ/065/09, 11613 and 11617 224 Street, 22367 and 22379 116 Avenue,
22344, 22350 and 22352 Callaghan Avenue
1001.1 Maple Ridge Zone Amending Bylaw No. 6791-2011
To rezone from RS-1 (One Family Urban Residential) & C-3 (Town Centre
Commercial) to CRM (Commercial Residential) to permit development of a
hotel comprising of 125 rooms and commercial and restaurant space
Third reading
1001.2 Maple Ridge Zone Amending Bylaw No. 6901-2012
To increase permitted height on the site to accommodate the proposed hotel
design of 21 meters
Third reading
Council Meeting Agenda
February 28, 2012
Council Chamber
Page 3 of 6
1002 RZ/091/10, 24371 and 24417 112 Avenue
1002.1 Maple Ridge Official Community Plan Amending Bylaw No. 6895-2012
To designate from Low/Medium Density Residential to Conservation and to
add to Conservation
Third reading
1002.2 Maple Ridge Official Community Plan Amending Bylaw No. 6898-2012
To amend land use designations
Third reading
1002.3 Maple Ridge Zone Amending Bylaw No. 6855-2011
To rezone from RS-3 (One Family Rural Residential) to R-1 (Residential
District) and RS-1b (One Family Urban [Medium Density] Residential) to
permit subdivision into 84 residential properties
Third reading
Bvlaws for Final Reading
1.003 Maple Ridge Development Cost Charge Reserve Fund Expenditure
Amending Bylaw No. 6904-2012
To authorize the expenditure of funds from the DCC Reserve Fund in
support of capital projects and to refund a developer for Development Cost
Charges collected where the actual number of lots created was one less
than originally paid
Final reading
COMMITTEE REPORTS AND RECOMMENDATIONS
1100 COMMITTEE OF THE WHOLE
1100 Minutes - February 20, 2012
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.
Council Meeting Agenda
February 28, 2012
Council Chamber
Page 4 of 6
Public Works and Development Services
1101 2011-136-RZ, 20724 River Road, RS-1 to R-1
Staff report dated February 20, 2012 recommending that Maple Ridge
Zone Amending Bylaw No. 6896-2012 to allow for future subdivision into
two single-family lots be given first reading and that the applicant provide
further information as described on Schedule B of the Development
Procedures Bylaw No. 5879-1999.
1102 2011-137-RZ, 12257 227 Street, RS-1 to RT-1
Staff report dated February 20, 2012 recommending that Maple Ridge
Zone Amending Bylaw No. 6905-2012 to align the existing RT-2 (Two
Family Urban Residential) zone with proposed changes identified through
the Zoning Bylaw review process and Maple Ridge Zone Amending Bylaw
No. 6885-2011 to allow for future subdivision into two lots to allow for a
duplex development and a single family dwelling be given first reading and
that the applicant provide further information as described on Schedules B
and E of the Development Procedures Bylaw No. 5879-1999, as well as a
Subdivision application.
1103 DP/045/08, 22692 Lougheed Highway and 22710 Lougheed Highway
1131
Staff report dated February 20, 2012 recommending that the Corporate
Officer be authorized to sign and seal DP/045/08 to permit construction of
a community gaming center building.
Financial and Cor orate Services(including Fire and Police
Community Development and Recreation Service
1151 Golden Ears Physio Lease Agreement
Staff report dated February 20, 2012 recommending that the Corporate
Officer be authorized to sign and seal the Golden Ears Physiotherapy Lease
Agreement 2012-2014.
Council Meeting Agenda
February 28, 2012
Council Chamber
Page 5 of 6
Correspondence
1171
Other Committee Issues
1181
1200 STAFF REPORTS
1300 RELEASE OF ITEMS FROM CLOSED COUNCIL
From the Closed Council Meeting of February 20, 2012
• Naming of a park site located at 222 Street and Church Avenue
• Maple Ridge and Pitt Meadows Advisory Committee on Accessibility
Issues Committee Appointments 2012
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 Agenda
February 28, 2012
Council Chamber
Page 6 of 6
1900 ADJOURNMENT
QUESTION PERIOD
The purpose of the Question Period is to provide the public with an opportunity to
ask questions of Council on items that are of concern to them, with the exception of
Public Hearing by-laws which have not yet reached conclusion.
Council will not tolerate any derogatory remarks directed at Council or staff
members.
Each person will be permitted 2 minutes to ask their question (a second
opportunity is permitted if no one else is sitting in the chairs in front of the podium).
Questions must be directed to the Chair of the meeting and not to individual
members of Council. The total Question Period is limited to 15 minutes.
Council reserves the right to defer responding to a question in order to obtain the
information required to provide a complete and accurate response.
Other opportunities are available to address Council including public hearings,
delegations and community forum. The public may also make their views known to
Council by writing or via email and by attending open houses, workshops and
information meetings. Serving on an Advisory Committee is an excellent way to
have a voice in the future of this community.
For more information on these opportunities contact:
Clerk's Department at 604-463-5221 or clerks@mapleridge.ca.
Mayor and Council at ma orandcouncil@ma lerid e.ca.
Checked by
Date: `Z
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
DEVELOPMENT AGREEMENTS COMMITTEE
MINUTES
February 8, 2012
Mayor's Office
PRESENT:
Ernie Daykin, Mayor
Chairman
J.L. (Jim) Rule, Chief Administrative Officer
Member
1. SD/097/10
Amanda Allen, Recording Secretary
LEGAL: Lot 6, Section 19, Township 15, New Westminster
District, Plan 18024;
Lot 7, Section 19, Township 15, New Westminster
District, Plan 18024;
Lot 39, Except on Plan BCP17138, Section 19, Township
15, New Westminster District, Plan 65913; and
Lot 40, Except on Plan BCP5641, Section 19, Township
15, New Westminster District, Plan 65913.
LOCATION: 12137 & 12147 Rothsay Street and 12171 270th Street
and 12150 269 Street
OWNER: Gordon & Tracy Lazarowich, Deborah Snowden,
Kenneth & Leanne Watson, Timothy & Louise Gadsby
REQUIRED AGREEMENTS: Subdivision Servicing Agreement
THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING
DOCUMENT AS IT RELATES TO SD/097/10.
CARRIED
J.L. (J ) Rule, Chief Administrative Officer
Me er
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CORPORATION OF
THE DISTRICT OF
N District of MAPLE RIDGE
Langley a 1 PLANNING DEPARTMENT
SCALE 1:3,000 � �' �a`
DATE: Feb 8, 2012 FILE: SD/097/10 BY: CR
ERASER R,
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
DEVELOPMENT AGREEMENTS COMMITTEE
MINUTES
February 8, 2012
Mayor's Office
PRESENT:
Ernie Daykin, Mayor
Chairman
J.L. (Jim) Rule, Chief Administrative Officer
Member
1. PSOTA, KRYSTAL
LEGAL:
LOCATION:
OWNER:
REQUIRED AGREEMENTS:
Amanda Allen, Recording Secretary
Lot 11, Section 18, Township 15, New Westminster
District, Plan 21387
11924 267 Street
Krystal Psota
Detached Garden Suite Agreement
Detached Garden Suite Parking Agreement
THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING
DOCUMENTS AS THEY RELATE TO KRYSTAL PSOTA.
CARRIED
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
DEVELOPMENT AGREEMENTS COMMITTEE
MINUTES
February 15, 2012
Mayor's Office
PRESENT:
Ernie Daykin, Mayor
Chairman
J.L. (Jim) Rule, Chief Administrative Officer
Member Amanda Allen, Recording Secretary
1. RZ/067/10 & SD/067/10
LEGAL: Lot 1, District Lots 404 and 408, Group 1, New
Westminster District, Plan BCP46902
LOCATION: 23851 Kanaka Creek Road
OWNER: John & Steve Wynnyk
REQUIRED AGREEMENTS: Release of Geotechnical Covenant BR221777
Covenant - Geotechnical
THAT THE MAYOR AND CORPORATE OFFICER BE AUTHORIZED TO SIGN AND SEAL THE PRECEDING
DOCUMENTS AS THEY RELATE TO RZ/067/10 & SD/067/10.
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J.L. (Ji ) Rule, Chi
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APPENDIX A
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Subject Property BCP 46902
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Mea 23851 Kanaka Creek Road
!.U)
i�+ i
o CORPORATION OF
— I i THE DISTRICT OF
�;'` _ l� MAPLE RIDGE
N District of
Langley } PLANNING DEPARTMENT
SCALE 1:2,500
ERASER R. DATE: Feb 10, 2012 VP/067/10 BY: DT
Deep Roots
Greater Heigh_e
TO:
FROM:
SUBJECT:
District of Maple Ridge
His Worship Mayor Ernie Daykin MEETING DATE: February 6, 2012
and Members of Council FILE NO: 2012-004-RZ
Chief Administrative Officer MEETING: C of W
First Reading
Maple Ridge Zone Amending Bylaw No. 6897 - 2012
23791112 Avenue
EXECUTIVE SUMMARY:
An application has been received to rezone the subject property from RS-3 (One Family Rural
Residential) to RM-1 (Townhouse Residential) for a townhouse development. The number of
proposed units has not been provided by the applicant. As the development proposal is not in
compliance with the Official Community Plan and an amendment to such is not supportable under
the OCP Policies, it is recommended that this application be denied.
RECOMMENDATIONS:
That Zone Amending Bylaw No. 6897 - 2012 not be given First Reading;
DISCUSSION:
a) Background Context:
Applicant: Bissky Architecture and Urban Design Inc.
Owner: Maple Industries Ltd
Legal Description: Parcel G (Reference Plan 1387) except: portion on Plan
LMP38552 of the SE 1/4 Section 16, Township: 12, NWD
OCP:
Existing: Urban Residential, Conservation
Zoning:
Existing: RS-3 (One Family Rural Residential)
Proposed: RM-1(Townhouse Residential)
Surrounding Uses:
North: Use: Park
Zone: RS-3 (One Family Rural Residential)
Designation Conservation
South: Use: Unconstructed 112 Avenue right-of-way, Single
Family Residential, Vacant land
Zone: R-3 (Special Amenity Residential District), CD-1-93
(Amenity Residential District), RS-3 (One Family
Rural Residential)
Designation: Urban Residential, Conservation
801
East: Use:
Zone:
Designation
West: Use:
Zone:
Designation
Existing Use of Property:
Proposed Use of Property:
Site Area:
Access:
Servicing requirement:
b) Site Characteristics:.
Project Description:
Single Family Residential
RS-3 (One Family Rural Residential), RS-1b (One
Family Urban (Medium Density) Residential
Park, Urban Residential
Park
RS-3 (One Family Rural Residential)
Conservation
Single Family Residential
Townhouse
5.950 ha. (14.7ac)
112 Avenue
Urban Standard
The subject site is located in the Cottonwood area at the northwest corner of 112 Avenue and a
future continuation of 238 Street. The majority of the site is designated Conservation and a narrow
strip of land on the east side of the lot between the top -of -bank of Horseshoe Creek and the east
property line is designated Urban Residential (refer to Appendix C). To the northeast of the site there
is a single row of RS-1b zoned lots between west side of 238 Street and the top -of -bank of
Horseshoe Creek. It is anticipated that this development pattern will continue south to 112 Avenue.
Single detached dwellings are located south of 112 Avenue. The properties to the north and west of
the site are dedicated park land for Conservation purposes. The future Fire Hall/Park site is located
east of this site.
There is a 6 metre wide road dedication adjacent to the east property line which currently has a
pedestrian trail through it. Additional road dedication would be required to construct 238 Street
through to 112 Avenue. The minimum Local Road width required for single family housing is 18
metres and the minimum Collector Road width required for a multi -family development is 20 metres.
112 Avenue terminates in a cul-de-sac on the south side of the site, and will not be extended to the
west because of the Horseshoe Creek ravine.
The clay slopes in the Cottonwood area are known to have significant slope stability problems, and
evidence of instability has been noted in the area. Both loading and unloading (cutting and filling)
associated with development can cause substantial changes to the stability of these slopes.
Detailed geotechnical and environmental assessments would be required to establish the setback
requirements for geotechnical and watercourse/slope protection. It is not known at this time how
much developable land there is on this site.
The Fire Department is in the process of developing the plans for a new Fire Hall on the site to the
east, 23863 112 Avenue (shown on Appendix A). Therefore, it is not yet known what the site
requirements will be for their site: including site coverage, building locations, environmental
setbacks, and road requirements. The interface with adjacent properties and any implications can
not be determined at this time.
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
-2-
boundaries and yields, Official Community Plan designations and Bylaw particulars, and may require
application for further development permits.
c) Planning Analysis:
Official Community Plan:
The subject site is designated Conservation and Urban Residential. The Urban Residential portion of
the site is categorized as Neighbourhood Residential in the Official Communitiy Plan. 112 Avenue
and 238 Street adjacent to the site are not designated as Major Corridor Roads on Appendix E,
Figure 4, Proposed Major Corridor Network Plan. The Neighbourhood Residential Infill policies, as
outlined in Sections 3-18 and 3-19 of the Official Community Plan, allow for limited infill in the form
of single, detached, duplex or triplex housing forms, where the proposed housing form is consistent
in size, scale and massing to that of the surrounding neighbourhood.
The proposed townhouse development utilizing the RM-1 (Townhouse Residential) zone does not
align with the Urban Residential - Neighbourhood Infill policies, nor the Zoning Matrix in Appendix C
of the Official Communitiy Plan. The proposed townhouse development could only be supportable if
the subject site was located on an existing Major Road Corridor, as identified on Appendix E, Figure
4, Proposed Major Corridor Network Plan, and if it complied with the Compatibility Criteria of Section
3.1.4 of the Official Communitiy Plan.
The above mentioned Residential Infill and Compatibility Criteria are intended to ensure that
development "fits" with the character of an existing neighbourhood. The Plan policies have also
been structured to acknowledge that Major Roads (such as collector and arterial roads) are designed
to accommodate any additional traffic that may result from infill development. Specifically, Policy 3-
21 of the Official Communitiy Plan outlines the characteristices that new infill development must be
able to satisfy. These include the need for compatibility of the site design, setbacks, building
massing, privacy, and minimizing parking and traffic on the existing neighbourhood. The relevant
policies are as follows:
3-21 All Neighbourhood and Major Corridor Residential infill developments will respect and
reinforce the physical patterns and characteristics of established neighbourhoods, with
particular attention to:
a) the ability of the existing infrastructure to support the new development;
b) the compatibility of the site design, setbacks, and lot configuration with the existing
pattern of development in the area;
c) the compatibility between building massing and the type of dwelling units in the
proposed development and the surrounding residential properties;
e) minimizing adverse parking and traffic impacts on the existing neighbourhood;
f) a gradual transition of scale and density through the design of building mass and
form, such as:
i. reduction in building heights at the edges of a development;
ii. location of lower density components towards the perimeters of a site; and
iii. concentration of density to the centre of a development or towards a
non-residential boundary;
gem
g) retention and preservation of significant trees, other natural vegetation, and
environmental features;
The proposed townhouse development is not in compliance with the Official Community Plan policies
and Compatibility Criteria as outlined in Policy 3-21. The subject property is not situated on a Major
Road Corridor (238 Street and 112 Avenue are not identified as major road corridors on Appendix E,
Figure 4, Proposed Major Corridor Network Plan). It is also noted that in the 1996 Cottonwood Land
Use Guide Plan the subject site is identified with the potential for Single Family Residential
development along the east side of the site.
The majority of the site is designated for Conservation and is bounded by park land for the protection
of Horseshoe Creek system and the associated steep slopes on the north and west sides. To the
northeast of the site there is a single row of RS-1b zoned lots between west side of 238 Street and
the top -of -bank for Horseshoe Creek. It is anticipated that this development pattern will continue
south to 112 Avenue. Single detached dwellings are located south of the site, and the future Fire
Hall/Park site is located east of this site.
Zoning Bylaw:
The current application proposes to rezone the property located at 23791 112 Avenue from RS-3
(One Family Rural Residential) to RM-1 (Townhouse Residential) to permit a townhouse
development.
Any variations from the requirements of the proposed zone will require a Development Variance
Permit application.
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.
Pursuant to Section 8.9 of the Official Community Plan, a Watercourse Protection Development
Permit application is required to ensure the preservation, protection, restoration and enhancement
of watercourse and riparian areas.
Pursuant to Section 8.10 of the Official Community Plan, a Natural Features Development Permit
application is required for all development and subdivision activity 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"
to ensure the preservation, protection, restoration and enhancement of watercourse and riparian
areas.
Advisor, Desi n Panel:
A Multi -Family Development Permit would be required and must be reviewed by the Advisory Design
Panel prior to Second Reading.
Development Information Meeting:
A Development Information Meeting would be required for this application. Prior to Second Reading
the applicant is required to host a Development Information Meeting in accordance with Council
Policy 6.20.
d) Interdepartmental Implications:
In order to advance the current application, after First Reading, comments and input would be
sought from the various internal departments and external agencies listed below:
a) Engineering Department;
b) Operations Department;
c) Fire Department;
d) Parks Department;
e) School District;
f) Ministry of Transportation and Infrastructure; and
g) Ministry of Environment
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) Alternatives:
Council can choose one of three options, stated below:
1. Defer Zone Amending Bylaw No. 6897 - 2012;
2. Defeat Zone Amending Bylaw No. 6897 - 2012;
3. Grant First Reading of Zone Amending Bylaw No. 6897 - 2012 and consider the following in
respect of an amendment to the Official Community Plan:
In respect of Section 879 of the Local Government Act, requirement for consultation during the
development or amendment of an Official Community Plan, Council must consider whether
consultation is required with specifically:
i. The Board of the Regional District in which the area covered by the plan is located, in the
case of a Municipal Official Community Plan;
ii. The Board of any Regional District that is adjacent to the area covered by the plan;
iii. The Council of any municipality that is adjacent to the area covered by the plan;
iv. First Nations;
v. School District Boards, greater boards and improvements district boards; and
vi. The Provincial and Federal Governments and their agencies.
&E
and in that regard it is recommended that no additional consultation be required in respect of this
matter beyond the early posting of the proposed Official Community Plan amendments on the
District's website, together with an invitation to the public to comment.
f) Development Applications:
If First Reading is given to Zone Amending Bylaw No. 6897 - 2012, and in order for this application
to proceed to Second Reading, the following development applications must be provided, as required
by Development Procedures Bylaw No. 5879 - 1999 as amended:
1. An Official Community Plan Application (Schedule A);
2. A complete Rezoning Application (Schedule C);
3. A Multi -Family Residential Development Permit Application (Schedule D);
4. A Watercourse Protection Development Permit Application (Schedule F);
5. A Natural Features Development Permit Application (Schedule G); and
6. A Subdivision Application.
The above list is intended to be indicative only, other applications may be necessary as the
assessment of the proposal progresses.
CONCLUSION:
The proposed townhouse development in the RM-1 (Townhouse Residential) zone conflicts with the
neighbouring single family houses and is not supported by the Official Community Plan designation
of Neighbourhood Residential, as outlined in this report. As the development proposal is not in
compliance with the Official Community Plan and an amendment to such is not supportable, it is
recommended that this application be denied.
Prepared by: Ann Edwards, CPT
Senior Planning Technician
Approved by. Christine Carter, M.PL, MCIP
' Director of Planning
Approv dby: Frank Quinn, MBA, P.Eng
&/ GM: Public Works & Development Services
Concurrence: J. L. (Jim) Rule
Chief Administrative Officer
AE/dp
The following appendices are attached hereto:
Appendix A - Subject Map
Appendix B - Zone Amending Bylaw No. 6897 - 2012
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•• OF
CORPORATION
THE DISTRICT OF
RIDGE
MAPLE RIQGEMAPLE
Rrlli511 CalarnhlaPLANNING
SCALE 11
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DEPARTMENT
APPENDIX B
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO.6897-2012
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. 6897-2012."
2. That parcel or tract of land and premises known and described as:
Parcel "G" (Reference Plan 1387) Except: Portion on Plan LMP 38552 of the South
East Quarter Section 16 Township 12 New Westminster District
and outlined in heavy black line on Map No. 1560 a copy of which is attached hereto
and forms part of this Bylaw, is hereby rezoned to RM-1(Townhouse 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 , A.D. 20 .
PUBLIC HEARING held 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 RIDGE ZONE AMENDING
Bylaw No. 6897-2012
Map No. 1560
From: RS-3 (One Family
Rural Residential)
To: RM-1 (Townhouse
Residential)
I
MAPLE R1 )GE
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CORPORATION OF
t5
THE DISTRICT OF
5 MAPLE RIDGE
if I PLANNING DEPARTMENT
��] DATE: Feb 1, 2012 2012-004-RZ BY: DT
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6791- 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. 6791- 2011."
2. Those parcels or tracts of land and premises known and described as:
Lot 22 Except: Parcel "A" (Reference Plan 5374), Block 1 District Lot 398 Group 1 New
Westminster District Plan 155
Parcel "A" (Reference Plan 5374) Lot 22 Block 1 District Lot 398 Group 1 New Westminster
District Plan 155
Parcel "A" (Reference Plan 5978) Lot 23 Block 1 District Lot 398 Group 1 New Westminster
District Plan 155
Lot 23 Except: Parcel "A" (Reference Plan 5978), Block 1, District Lot 398 Group 1 New
Westminster District Plan 155
Lot 24 Block 1 District Lot 398 Group 1 New Westminster District Plan 155
Lot 25 Block 1 District Lot 398 Group 1 New Westminster District Plan 155
East 42 Feet of Lot 26 Block 1 District Lot 398 Group 1 New Westminster District Plan 155
Parcel "131" District Lot 398 Group 1 New Westminster District Explanatory Plan 66980
and outlined in heavy black line on Map No. 1507 a copy of which is attached hereto and
forms part of this Bylaw, are hereby rezoned to CRM (Commercial/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 25th day of January, A.D. 2011.
READ a second time the 24th day of January, A.D. 2012.
PUBLIC HEARING held the day of
READ a third time the day of
APPROVED by the Minister of Transportation this
RECONSIDERED AND FINALLY ADOPTED, the
,A.D. 20 .
,A.D. 20 .
day of A.D. 20 .
day of
,A.D. 20 .
I' '��y1�liLel►� 1�►d:��:7
CORPORATE OFFICER
100101
MAPLE RIDGE ZONE AMENDING
Bylaw No.
Map No.
From:
To:
6791 —201 1
1507
RS-1 (One
C —3 (Town
Family Urban Residential),
Centre Commercial)
CRM (Commercial Residential)
MAPLE RIDGE
8rd:�h rclurn Ciz
N
SCALE 1:2,000
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6901-2012
A Bylaw to amend the text 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. 6901-2012."
2. Maple Ridge Zoning Bylaw No. 3510 - 1985, PART 7, COMMERCIAL ZONES, Section
707 COMM ERCIAL/RESIDENTIAL:CRM, Subsection 6) SIZE OF BUILDINGS AND
STRUCTURES shall be amended by inserting the following clause between clause (a)
and (b) and renumbering the clauses accordingly:
b) "21 metres at the site located north of 116th Avenue, south of Callaghan
Avenue, west of 224th Street, and east of the Haney Bypass".
3. Maple Ridge Zoning Bylaw No. 3510 - 1985 be amended accordingly.
READ a first time the 24th day of January, A.D. 2012.
READ a second time the 24th day of January, A.D. 2012.
PUBLIC HEARING held 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
1001.2
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6895-2012
A Bylaw to amend Schedules "A" & "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 and Schedule A, Section 10.2.1 Albion
Area Plan, Land Use Designations, Albion Area Plan Map, 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. 6895 - 2012.
Schedule "A" Section 10.2.1 Land Use Designations, Albion Area Plan Map is hereby
amended for those parcels or tracts of land and premises known and described as:
Lot 1 Section 15 Township 12 New Westminster District Plan 7709
Lot A Section 15 Township 12 New Westminster District Plan 22387
and outlined in heavy black line on Map No. 827, a copy of which is attached hereto and
forms part of this Bylaw, is hereby amended by redesignating from "Low Medium Density
Residential" to "Conservation."
3. Schedule "C" is hereby amended for those parcels or tracts of land and premises known and
described as:
Lot 1 Section 15 Township 12 New Westminster District Plan 7709
Lot A Section 15 Township 12 New Westminster District Plan 22387
and outlined in heavy black line on Map No. 828, a copy of which is attached hereto and
forms part of this Bylaw, is hereby amended by adding "Conservation"
1002.1
4. Maple Ridge Official Community Plan Bylaw No.6871-2006 is hereby amended accordingly.
READ A FIRST TIME the 24th day of January, A.D. 2012.
READ A SECOND TIME the 24th day of January, A.D. 2012.
PUBLIC HEARING HELD the day of A.D. 20 .
READ A THIRD TIME the day of AD. 20 .
RECONSIDERED AND FINALLY ADOPTED, the day of A.D. 20.
aCiimiv I► esinlcul:imiCv
CORPORATE OFFICER
MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING
Bylaw No
Map No.
Fro m :
To:
6895-2012
827
Low/Medium Density Residentia
Conservation
MAPLE RIDGE
British CuLumbia
N
SCALE 1:3,500
Pd. C
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A �
I
MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING
Bylaw No. 6895-2012
Map No. 828
To Add To Conservation
N
SCALE 1:3,50a
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6898-2012
A Bylaw to amend Schedule "A" 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 "A" to the Official Community Plan;
NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open
meeting assembled, ENACTS AS FOLLOWS:
1. This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending
Bylaw No. 6898-2012."
2. Schedule "A" of the Official Community Plan shall be amended as follows:
Chapter 10, Area Plans, Section 10.2 Albion Area Plan is amended as follows:
1) Sub -Section 10.2.1 land use Designations, A. Residential Designations, item 2
Residential Low -Medium Density is amended by adding the following clause:
" a) notwithstanding the above, a minimum parcel area of "371 m2 (3993 ft2)" is only
permitted for the properties located at Lot A Section 15 Township 12 New
Westminster District Plan 22387 and Lot 1 Section 15 Township 12 New
Westminster District Plan 7709".
2) Sub -Section 10.2.7 Albion Zoning Matrix, Land Use Designation, Residential Low -
Medium Density is amended by adding the following zone into the Zone column: R-1
Residential District, Subject to Policy 10.2.1 A(2)(a).
3. Maple Ridge Official Community Plan Bylaw No.6425-2006 as amended is hereby amended
accordingly.
READ A FIRST TIME the 24th day of January, A.D. 2012.
READ A SECOND TIME the 24th day of January, A.D. 2012.
PUBLIC HEARING HELD the day of , A.D. 20
READ A THIRD TIME the day of , A.D. 20
RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 20
PRESIDING MEMBER
CORPORATE OFFICER .2
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6855-2011
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. 6855-2011."
2. Those parcels or tracts of land and premises known and described as:
Lot A Section15 Township 12 New Westminster District Plan 22387
Lot 1 Section15 Township 12 New Westminster District Plan 7709
and outlined in heavy black line on Map No. 1541 a copy of which is attached hereto
and forms part of this Bylaw, are hereby rezoned to RS-1b (One Family Urban
(Medium Density) Residential), R-1(Residential District).
3. Maple Ridge Zoning Bylaw No. 3510 -1985 as amended and Map "A" attached
thereto are hereby amended accordingly.
READ a first time the 30th day of August, A.D. 2011.
READ a second time the 24th day of January, A.D. 2012.
PUBLIC HEARING held the day of , A.D. 20 .
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
PRESIDING MEMBER
, A.D. 20 .
CORPORATE OFFICER
1002.3
MAPLE RIDGE ZONE AMENDING
Bylaw No. 6855-2011
Map No. 1541
From: RS-3 (One Family Rural Residential)
To: Q R-1 (Residential District)
® RS-1 b (One Family Urban (Medium Density) Residential
MAPLE RIDGE
antish Columbia
N
SCALE 1:3,500
DISTRICT OF MAPLE RIDGE
Bylaw No. 6904-2012
A Bylaw to amend Maple Ridge Development Cost Charge Reserve Fund Expenditure By-law
2718-1979
WHEREAS, development cost charges are collected for the purpose of assisting in the cost of
providing services necessary to support new development;
AND WHEREAS, the service deemed necessary for new development has previously been
established;
AND WHEREAS, it is desirable to complete a portion of the capital projects previously established
as Development Cost Charge items.
NOW THERFORE, The Council of the District of Maple Ridge enacts as follows:
1. This Bylaw may be cited as "Maple Ridge Development Cost Charge Reserve Fund
Expenditure Amending Bylaw No. 6904 - 2012".
2. The sum of $13,066,107 is hereby appropriated from the Development Cost Charge Reserve
Fund By-law No. 2718-1979 as amended, and it is hereby authorized to be used for capital
projects listed in SCHEDULE "A".
3. The sum of $7,722,421 is hereby appropriated from the Development Cost Charge Reserve
Fund By-law No. 2718-1979 as amended, and it is hereby authorized to be used for capital
projects listed in SCHEDULE "B".
4. The sum of $17,938 is hereby appropriated from the Development Cost Charge Reserve
Fund due to the Development Cost Charge over collection of one single family residential unit
refunded to Euro-American Contracting Ltd.
5. Should any of the above noted funding remain unexpended after the expenditures hereby
authorized have been made, any unexpended balance shall be returned to the credit of the
said Reserve Fund.
PRESIDING MEMBER
READ a first time the 141h day of February, 2012.
READ a second time the 14th day of February, 2012.
READ a third time the 14th day of February, 2012.
ADOPTED the day of 20
CORPORATE OFFICER
Attachment: Schedules "A" & "B" 1003
SCHEDULE "A"
Bylaw No. 6904-2012
List of 2011 and prior Capital Projects Identified for Development Cost Charge Funding
Component
LTC
Project Description
Highways
7074
112 Ave (232-240) Final Lift
4209
216 St @ 128 Ave Traffic Signal
2216
232 St (124-128)
8415
232 St Bridge (N Alouette River) Design
8470
Annual Intersection Upgrade
8468
Silver Valley Pedestrian & Road Improv
Park Acquisition
8523
Fraser River Park At Albion
8412
Land Acquisition On 223rd
2304
North Alouette River Greenway Trail
8515
North Alouette Greenway Acquisition
8417
North Alouette Park Acq (GVRD)
2316
Park (221/119) Lot 2
2325
Park (221/119) Lot 3
8414
Whonnock Lake Acquisition
Park Improvement
8193
Albion Park (Spray Park)
7309
Core Park Development
8522
North Alouette Trail Head
8524
Vernon Pedestrian Bridge
Sewage
7521
136 Ave (230-231)
Water
0003
263 St (440 Reservoir - Stage 2)
2223-4
Albion 158 Zone
2309-11
Barnston / MR Pump Station
2220
Dewdney Trunk (260-262) 220M 220mm WM
2312-13
Maple Ridge Main West
Development Cost Charge Authorization Amount $13,066,107
SCHEDULE "B"
Bylaw No. 6409-2012
List of 2012 Capital Projects Identified for Development Cost Charge Funding
Component
LTC
Project Description
Highways
2066
232 St Bridge (N Alouette River) Phase 1
8526
240th-Hill Pedestrian Signal
8527
240th Signal Right Turn To East Bound
Park Acquisition
0627
Silver Valley Neigh Park Acquisition A
1926
Silver Valley Neigh Park Acquisition B
1955
Silver Valley Neigh Park Phase 2
Park Improvement
7305
Park Development (237/136)
Water
3002
136 Ave (236-240)
0082
136 Ave @ 24200 Rock Ridge Res. Phase 2
0016
216 St (124-128)
2314
Maple Ridge Main West
Development Cost Charge Authorization Amount $7,722,421
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. 6896-2012
20724 River Road
EXECUTIVE SUMMARY:
February 20, 2012
2011-136-RZ
CofW
An application has been received to rezone the subject property from RS-1 (One Family Urban
Residential) to R-1 (Residential District). To proceed further with this application additional
information is required as outlined below.
RECOMMENDATIONS:
That Zone Amending Bylaw No. 6896-2012 be given First Reading; and
That the applicant provide further information as described on Schedule B of the Development
Procedures Bylaw No. 5879 - 1999 and a Subdivision application.
DISCUSSION:
a) Background Context:
Applicant:
Owner:
Legal Description:
OCP:
Existing:
Zoning:
Existing:
Proposed:
Surrounding Uses:
North: Use:
Zone:
Designation:
South: Use:
Zone:
Designation:
East: Use:
Zone:
Designation:
Gina Wideen
Gina Wideen
Lot 9, D.L. 277, Group 1, NWD Plan 20332
Urban Residential
RS-1(One Family Urban Residential)
R-1(Residential District)
Single -Family Residential
RS-1(One Family Urban Residential)
Urban Residential
Single -Family Residential
RS-1(One Family Urban Residential)
Urban Residential
Single -Family Residential
RS-1(One Family Urban Residential)
Urban Residential
1101
West: Use: Single -Family Residential
Zone: RS-1(One Family Urban Residential)
Designation: Urban Residential
Existing Use of Property:
Proposed Use of Property:
Site Area:
Access:
Servicing requirement:
b) Site Characteristics:
Single -Family Residential
Single -Family Residential
886 m2
River Road
Urban Standard
The subject site is located in the Fraser Escarpment area in the Hammond neighbourhood along
River Road, a major corridor. The development proposal is subject to Council Policy 6.23, which
requires a storm sewer connection to control surficial and groundwater discharge. The property is
fairly flat with several trees along the property lines. A single family home currently exists on site.
Project Description:
The applicant proposes to rezone the subject site and subdivide into two single-family lots with
access provided from River Road. At this time the current application has been assessed to
determine its compliance with the Official Community Plan and provide a land use assessment only.
Detailed review and comments will need to be made once full application packages have been
received. A more detailed analysis and a further report will be required prior to Second Reading.
Such assessment may impact proposed lot boundaries and yields, Official Community Plan
designations and Bylaw particulars, and may require application for further development permits.
c) Planning Analysis:
Official Community Plan:
The subject site is designated Urban Residential in the Official Community Plan (OCP) which permits
a single detached housing form located within the Urban Area Boundary. The R-1 (Residential
District) zone is in compliance with this designation.
Zoning Bylaw:
The current application proposes to rezone the property located at 20724 River Road from RS-1
(One Family Urban Residential) to R-1(Residential District) to permit future subdivision.
Any variations from the requirements of the proposed zone other than use and density will require a
Development Variance Permit application.
Development Information Meeting:
A Development Information Meeting is required for this application at the direction of the Director of
Planning for this infill project. Prior to Second Reading the applicant is required to host a
Development Information Meeting in accordance with Council Policy 6.20.
d) Interdepartmental Implications:
In order to advance the current application, after First Reading, comments and input will be sought
from the various internal departments and external agencies listed below:
a) Engineering Department;
b) Building Department;
-2-
c) Operations Department;
d) Fire Department; and,
e) Ministry of Transportation and Infrastructure.
The above list is intended to be indicative only and it may become necessary, as the application
progresses, to liaise with agencies and 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. Acomplete Rezoning Application (Schedule B);
2. A Subdivision Application.
The above list is intended to be indicative only, other applications may be necessary as the
assessment of the proposal progresses.
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.
J�&�
Prepared by: Amelia Bowden
Planning Technician
0�Approved by: Christine Carter, M.PL., MCIP
II ,PirectaLqf Planning
Approved b Frank Quinn, MBA, P.Eng.
I.GM: Public WorISs'&-)Development Services
Concurrence: L. (Jim) Rule
Chief Administrative Officer
The following appendices are attached hereto:
Appendix A - Subject Map
Appendix B - Zone Amending Bylaw No. 6896-2012
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-' CORPORATION OF
THE DISTRICT OF
to MAPLE RIDGE
N RIDGE
District of
LangleyBramn PLANNING DEPARTMENT
SCALE 1:1,500 -_
FRasR DATE: Dec 6, 2011 2011-136-RZ BY: JV
Ulaa21►191KI0.1
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO.6896-2012
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. 6896-2012."
2. That parcel or tract of land and premises known and described as:
Lot 9 District Lot 277 Group 1 New Westminster District Plan 20332
and outlined in heavy black line on Map No.1557 a copy of which is attached hereto
and forms part of this Bylaw, is hereby rezoned to R-1(Residential District).
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
APPROVED by the Minister of Transportation this
RECONSIDERED AND FINALLY ADOPTED, the
PRESIDING MEMBER
, A.D. 20 .
,A.D. 20 .
, A.D. 20 .
day of , A.D. 20 .
day of , A.D. 20 .
CORPORATE OFFICER
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MAPLE RIDGE ZONE AMENDING
Bylaw No. 6896-2012
Map No. 1557
From: RS-1 (One Family Urban Residential)
To: R-1 (Residential District)
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MAPLE RID GE N
SCALE 1:1,500
District of Maple Ridge
Deep Roots
Greater Heights
TO: His Worship Mayor Ernie Daykin MEETING DATE: February 20, 2012
and Members of Council FILE NO: 2011-137-RZ
FROM: Chief Administrative Officer MEETING: C of W
SUBJECT: First Reading
Maple Ridge Zone Amending Bylaw No. 6905-2012
Maple Ridge Zone Amending Bylaw No. 6885-2011
12257 227 Street
EXECUTIVE SUMMARY:
An application has been received to rezone the subject property from RS-1 (One Family Urban
Residential) to RT-1(Two Family Urban Residential) and R-1(Residential District). To proceed further
with this application additional information is required as outlined below.
RECOMMENDATIONS:
That Zone Amending Bylaws No. 6905-2012 and No. 6885-2011 be given First Reading; and
That the applicant provide further information as described on Schedules B and E of the
Development Procedures Bylaw No. 5879 - 1999, as well as a Subdivision application.
DISCUSSION:
a) Background Context:
Applicant: Randy Cowling
Owners: Randy and Susan Cowling, and Shawna Beet
Legal Description: Lot 224, Section 20, Township 12, NWD Plan 42134
OCP:
Existing: Single -Family Residential
Proposed: Single -Family Residential
Zoning:
Existing: RS-1(One Family Urban Residential)
Proposed: RT-1(Two Family Urban Residential) and R-1(Residential
District)
Surrounding Uses:
North: Use:
Single Family Dwelling
Zone:
RS-1(One Family Urban Residential)
Designation:
Single Family Residential
South: Use:
Single Family Dwelling
Zone:
RS-1(One Family Urban Residential)
Designation:
Single Family Residential
1102
East: Use:
Zone:
Designation:
West: Use:
Zone:
Designation:
Existing Use of Property:
Proposed Use of Property:
Site Area:
Access:
Servicing requirement:
b) Site Characteristics:
Single Family Dwelling
RS-1(One Family Urban Residential)
Ground -Oriented Multi -Family
Single Family Dwelling
RS-1(One Family Urban Residential)
Single Family Residential
Single Family Dwelling
Single Family Dwelling and Duplex
947 m2
122 Avenue and 227 Street
Full Urban Servicing
The subject property is within the Town Centre area, is relatively flat, and is bounded by single family
residential properties to the north, west, east and south.
Project Description:
An application has been received to rezone the subject property from RS-1 (One Family Urban
Residential) to RT-1 (Two Family Urban Residential) and R-1 (Residential District), to permit future
subdivision into two lots for a duplex development and a single family dwelling.
At this time the current application has been assessed to determine its compliance with the Official
Community Plan and provide a land use assessment only. Detailed review and comments will need
to be made once full application packages have been received. A more detailed analysis and a
further report will be required prior to Second Reading. Such assessment may impact proposed lot
boundaries and yields, Official Community Plan designations and Bylaw particulars, and may require
application for further development permits.
c) Planning Analysis:
Official Community Plan:
The subject property is designated as Single Family Residential in the Town Centre Area Plan, which
provides options for increasing density and choice of housing form, while retaining the single family
character in these established neighbourhood blocks. The RT-1(Two Family Urban Residential) and
R-1(Residential District) zones are compatible zones within the Zoning Matrix for the Single Family
Residential designation within the Town Centre area.
Zoning Bylaw:
The applicant is proposing to rezone the property located at 12257 227 Street from RS-1 (One
Family Urban Residential) to RT-1 (Two Family Urban Residential) and R-1 (Residential District) to
permit future subdivision into two lots to allow for a duplex development and a single family dwelling.
The application does not currently conform to the minimum area and lot depth requirements for the
RT-1 (Two Family Urban Residential) zone. However, through the Zoning Bylaw review process,
changes to the RT-1 (Two Family Urban Residential) zone will be proposed to bring the zone into
alignment with the related policies of the Single Family Residential designation of the Town Centre
-2-
Area Plan. The attached Zone Amending Bylaw No. 6905-2012 aligns the existing RT-1 (Two Family
Urban Residential) zone with the proposed changes identified through the Zoning Bylaw review
process. That review will permit a RT-1 duplex lot to be 557m2 in area. The current lot size standard
is 891m2.
A Development Variance Permit application will be required for the lot depth of the proposed RT-1
(Two Family Urban Residential) zoned lot, as it is proposed to be approximately 25.9 m, and the
required lot depth under the proposed RT-1(Two Family Urban Residential) zone, as per the attached
Bylaw No. 6905-2012, is proposed to be 27 m within the Town Centre area.
Development Permits:
A Development Permit is not required for either of the two lots; however, a Restrictive Covenant will
be required for the design of the duplex development.
d) Interdepartmental Implications:
In order to advance the current application, after First Reading, comments and input will be sought
from the various internal departments listed below:
a)
Engineering Department;
b)
Operations Department;
c)
Building Department; and
d)
Fire 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 Rezoning Application (Schedule B);
2. A Development Variance Permit (Schedule E); and
3. A Subdivision Application.
The above list is intended to be indicative only, other applications may be necessary as the
assessment of the proposal progresses.
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.
-3-
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: Michelle Bast, AScT
Planning Technician
Approved by: Chr!Eoa Carter, MPI, MCIP
/,0177
r
Approved by: ' Frank Quinn, MBA, PEng
GM• Public Works & D elopment Services
Concurrence: J. L., Jim) Rule
Chief Administrative Officer
MB/dp
The following appendices are attached hereto:
Appendix A - Subject Map
Appendix B - Zone Amending Bylaw 6905-2012
Appendix C - Zone Amending Bylaw 6885-2011
Appendix D - Proposed Subdivision Layout
i!
APPENDIX A
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CORPORATION OF
THE DISTRICT OF
N
District of_
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MAPLE RIDGE
MAPLE RIDGE
Langley
LID1.1PLANNING
DEPARTMENT
SCALE 1:1,000
DATE: Dec 7, 2011 2011-137-RZ BY: JV
FRASER R.
APPENDIX B
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO.6905-2012
A Bylaw to amend the text of Maple Ridge Zoning Bylaw No. 3510 -1985 as amended.
WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 -
1985 as amended;
NOW THEREFORE, the 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.6905-2012."
2. Maple Ridge Zoning Bylaw No. 3510 - 1985, PART 6, RESIDENTIAL ZONES, Section
601 C REGULATIONS FOR THE SIZE, SHAPE AND SITING OF BUILDINGS AND
STRUCTURES, (4) Buildings and Structures for Two Family Residential Use in the RT-1
Zone shall be amended by inserting the following clauses after clause (d):
(e) For properties located within the Town Centre area, as identified in Schedule
H, that are either on a corner lot or provided with lane access, the minimum
area, width, and depth of lots created by subdivision shall be:
(i) Minimum lot area: 557 m2
(ii) Minimum lot width: 20 m
(iii) Minimum lot depth: 27 m
(f) Where the principal use is two -unit residential, floor space ratio shall not
exceed 0.7 times the net lot area.
(g) For properties located within the Town Centre area, as identified in Schedule
H, the minimum setbacks for principal buildings and structures shall be:
(i) Front: 5.5 m
(ii) Rear: 7.5 m
(iii) Interior Side: 1.5 m
(iv) Exterior Side: 4.5 m
3. Maple Ridge Zoning Bylaw No. 3510 - 1985, Schedule "D", shall be amended by
adding the following to the "Minimum Area" column of the RT-1 zone, next to 891 m2:
see item 7 below
And inserting the following item after item 6:
7. For properties located within the Town Centre area, as identified in Schedule
H, that are either on a corner lot or provided with lane access, the minimum
area, width, and depth of lots created by subdivision shall be:
(i) Minimum lot area: 557 m2
(ii) Minimum lot width: 20 m
(iii) Minimum lot depth: 27 m
3. Maple Ridge Zoning Bylaw No. 3510 -1985 as amended is hereby amended
accordingly.
READ a first time the day of , A.D. 200.
PUBLIC HEARING held the day of , A.D. 200.
READ a second time the day of , A.D. 200.
READ a third time the day of , A.D. 200.
RECONSIDERED AND FINALLY ADOPTED, the day of
, A.D. 200.
MAYOR CORPORATE OFFICER
APPENDIX C
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO.6885-2011
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. 6885-2011."
2. That parcel or tract of land and premises known and described as:
Lot 224 Section 20 Township 12 New Westminster District Plan 42134
and outlined in heavy black line on Map No. 1553 a copy of which is attached hereto
and forms part of this Bylaw, is hereby rezoned to RT-1(Two Family Urban
Residential) and R-1(Residential District).
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 , A.D. 20 .
PUBLIC HEARING held 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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Map No. 1553
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To: 0 R-1 (Residential District)
® RT-1 (Two Family Urban Residential)
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SCALE 1:1,500
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District of Maple Ridge
Deep Roots
Greater Heights
TO: His Worship Mayor Ernie Daykin MEETING DATE: February 20, 2012
and Members of Council FILE NO: DP/045/08
FROM: Chief Administrative Officer MEETING: C of W
SUBJECT: Development Permit
22692 Lougheed Highway & 22710 Lougheed Highway
EXECUTIVE SUMMARY:
A Town Centre Development Permit has been received for the above noted properties to permit the
construction of a 2557 m2 "Community Gaming Center" building at 22710 Lougheed Highway. The
subject property at 22692 Lougheed Highway retains its historic C-3 Town Centre Zoning. It is this
portion of the property that will be used exclusively for off-street parking. The development site will
be subject to Commercial Development Permit Guidelines to address the form and character of the
proposed development. A Water Course Development Permit has been issued previously which
details the restoration and enhancement of the watercourse on the subject property at 22710
Lougheed Highway.
RECOMMENDATION:
That the Corporate Officer be authorized to sign and seal DP/045/08 respecting property located at
22692 Lougheed Highway & 22710 Lougheed Highway.
BACKGROUND:
Applicant: Chris Dikeakos Architects Inc. Mike Alivojvodic
Owner: 0836906 BC Ltd.
Legal Description: Lot: A, D.L.: 401, Plan: BCP44924 & Lot: B, D.L.: 401, Plan:
BCP449240CP:
OCP:
Existing: Town Centre Commercial
Proposed: No Change
Zoning:
Existing: C-6 (Community Gaming Facility), RS-1 (One Family Urban
Residential), C-3 (Town Centre Commercial)
Proposed: No Change
Surrounding Uses
North: Use: Commercial
Zone: C-3 (Town Centre Commercial) and
CD-1-87 (Comprehensive Development Zone)
Designation: Commercial
South: Use: Residential and Conservation
Zone: RS-1(One Family Urban Residential) and
Park/Conservation
1103
Designation:
Conservation and Residential
East: Use:
Commercial and Residential
Zone:
RS-1 (One Family Urban Residential),
C-3 (Town Centre Commercial)
Designation:
Commercial and Conservation
West: Use:
Commercial and Residential
Zone:
RS-1 (One Family Urban Residential),
C-3 (Town Centre Commercial)
Designation:
Commercial and Conservation
Existing Use of Property:
Proposed Use of Property:
Access:
Servicing:
a) Project Description:
Vacant
Community Gaming Centre
Extended 227th Street
Full urban services
Town Centre Development Permit - South of Lougheed (SOLQ) Precinct
The proposed development is in the South of Lougheed (SOLO) Precinct. The SOLO Precinct is
located immediately south of the Lougheed Highway corridor, from the western Town Centre
boundary to its eastern -most boundary. The area serves as a key transportation and transit corridor
for Maple Ridge, supporting commercial, mixed -use commercial and higher density residential
development along its route.
The project is an integrated mixed -use entertainment and gaming complex consisting of 200 bingo
seats, 150 slots, off-track betting parlour (maximum occupancy at 36) and a 301 m2 (3240 square
foot) flexible space component that combines assembly use and a food & beverage area. Office
support will be provided on the upper floors. A total of 223 surface parking stalls are provided to
the south of the facility, and to the adjacent lot on the west of the property. Landscape treatments
will assist in minimizing the visual intrusion of the parking facilities on nearby streets.
Key Guideline Concepts being met by this development:
1. Develop a diverse shopping, employment and residential district
The new building and landscape treatment will provide a signature element to the southeast
corner of 227th and Lougheed. A combination of modern and west coast architectural
themes featuring earth tones and dramatic use of wood, glass and stained concrete will be
introduced into the area. The entertainment, assembly, and restaurant uses housed in the
facility will help to diversify the existing uses in the Town Centre.
2. Create a pedestrian -oriented streetscapes
Residential development to the south of this project will be enhanced by extending the
pedestrian amenities proposed for this project. To be located at the northeast corner of
22692 Lougheed, the gaming centre provides both architectural and landscape treatments
to enhance the pedestrian experience. The streetscape will be enhanced by an innovative
planting design that combines sidewalk, street trees, a water feature, and creek
enhancements with naturalistic pathways to the south of the site.
-2-
3. Enhance the quality, character and vibrancy of SOLO
An innovative design and earth toned colours will integrate the building with its landscape
design. These elements, including signage, plantings, furniture, and outdoor patios provide
a cohesive design theme that is accessible both to patrons of the facility and to passersby.
4. Maintain cohesive building styles
There is resonance with nearby building forms, character, and height in the area. However,
this development proposal initiates a particularly high quality of design that will set the
standard for adjacent development. Design features include a green roof, and high quality
in finishing materials with prominent use of wood, metal, and glazing.
5. Capitalize on important views
Mountains views have been captured in the building design.
6. Provide public outdoor space
There is a strong reference to public space in the transition from building to street with the
installation of patios, water features, seating and other urban pedestrian amenities. In
addition, a significant portion of the site totaling approximately 0.740 hectares (1.8 acres)
was dedicated as park during the rezoning phase of this proposal.
7. Provide climate appropriate landscaping and green features
Stormwater will be absorbed mainly by the approximately 892 m2 (9600 square foot) green
roof and the rain gardens that are integrated into the surface parking design.
8. Maintain street interconnectivity
The service road to the east of the facility will be used for loading, staff parking, and garbage
pickup. Surface only parking is provided due to geotechnical issues with the site that would
make underground parking or a multi -level parking structure cost prohibitive. This project
will also allow for the extension of 227th Street through the site. This final linkage of the
Downtown to Haney Bypass will gently enhance vehicular and pedestrian connectivity within
the Town Centre.
In addition to the above guidelines being met, the project proposes a public art installation fronting
Lougheed on the west property where the parking lot will be. Several Sustainable Design elements
will be included with this proposal. A stormwater management plan will ensure that run-off will not
exceed the pre development state. Stormwater will also be treated to remove suspended solids and
phosphorus. This function will be achieved through the green roof and site landscaping. A heat
island effect will be minimized through the use of a tree canopy, and a roof structure that combines
a green roof and reflective materials.
Other design elements include:
• Bicycle Storage will be provided for patrons and staff;
• Preferred parking is given for carpools;
• Native plantings with minimal irrigation requirements;
• Waste disposal storage to facilitate recycling;.
• Re -use of materials and use of recycled elements in the construction design; and
• Use of local and regional materials in the building.
-3-
b) Advisory Design Panel:
At the meeting of February 14, 2012, the Advisory Design Panel supported the general concept, but
recommended the following concerns be addressed:
1. Consider enlarging the loading bay and garbage enclosure and confirm that they comply
with the DMR Waste Management Guidelines;
2. Provide details of the garbage enclosure including roof;
3. Consider treatment of the east wall, visible from Lougheed Highway;
4. Consider providing more visibility to the water feature from inside the building;
5. Look at strengthening pedestrian linkages from both the parking lots, particularly the west
parking lot (lot A) to the intersection or pursue a pedestrian controlled crossing/ cross walk;
6. Enhance landscape screening for the south-west corner of the east parking lot;
7. Revise design of the building entry canopy;
8. Provide details of the external lighting for the project; and
9. Consider the addition of climbing vines on the east wall and aquatic plants in the water feature.
Great Canadian Entertainment Centres Limited (the client) has no concerns with the comments and
has revised accordingly..
c) 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 of $212,250.00, the security will be $212,250.00.
d) Engineering Department
The Engineering Department has reviewed this Development Permit in the context of the provisions
set out in the Rezoning Servicing Agreement, and concludes the proposal is consistent with these
provisions.
e) Alternatives:
Council approval is required for all commercial development in the Town Centre Development Permit
Area prior to issuance of a Building Permit. Council can reject Development Permit DP/045/08 on
the grounds that they feel the development permit guidelines have not been met.
ELIE
/-Z
CONCLUSION:
As the development proposal complies with the Town Centre Development Permit Area Guidelines, it
is recommended that DP/045/08 be favorably considered.
0 AC92�
Prepared by: Diana Hall
Planner 2
Approved by. Chri ne Carter, M.PL, MCIP
Dir dor of Planning
Approved by' Frank Quinn, MBA, P. Eng
,, GM: Public Works & Development Services
ce: J. L. (Jim) Rule
Chief Administrative Officer
The following appendices are attached hereto:
Appendix A - Subject Map
Appendix B - Site Plan
Appendix C - Building Elevations
Appendix D - Landscape Plans
-5-
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9
APPENDIX D
Its _
MAPLEi
Deep Roots
Greater Heights
103
FROM:
SUBJECT:
District of Maple Ridge
His Worship Mayor Ernie Daykin MEETING DATE: February 20, 2012
and Members of Council FILE NO: CDPR-0640-30
Chief Administrative Officer MEETING: C.O.W.
GOLDEN EARS PHYSIO LEASE AGREEMENT
EXECUTIVE SUMMARY:
See the attached report to the Maple Ridge and Pitt Meadows Parks & Leisure Services Commission
dated February 9, 2012.
RECOMMENDATION:
That the Corporate Officer be authorized to sign and seal the Golden Ears Physiotherapy Lease Agreement
2012-2014.
Approved by: ei wi
General Manager, Community Development
Parks & Recreation Services
Approved by: Paul Gill
General Manager, Corporate & Financial Services
Attachment - MR -PM Parks & Leisure Services Commission Report of February 9, 2012
dap:ik
1151
Maple Ridge and Pitt Meadows
Parks & Leisure Services Commission Report
REGULAR MEETING
'Awns February 9, 2012
PPARKSISIJRE SERVICES
SUBJECT: GOLDEN EARS PHYSIOTHERAPY LEASE AGREEMENT RENEWAL
EXECUTIVE SUMMARY:
Golden Ears Physiotherapy (GEP) is a lease partner with the District of Maple Ridge. GEP has
expanded their services and has acquired a secondary premise of 1,145 square feet within the
Maple Ridge Leisure Centre increasing the square footage from 690 to 1,835 square feet. The
renewal is for Premise A and the newly acquired Premise B.
RECOMMENDATION:
a) That a recommendation be forwarded to Maple Ridge Council that the Corporate Officer be
authorized to sign and seal the Golden Ears Physiotherapy Lease Agreement 2012-2014.
DISCUSSION:
a) Background Context:
GEP has provided the residents of Maple Ridge with rehabilitation services since 1992. The
Maple Ridge Leisure Centre provides GEP with a satellite location giving clients access to the
amenities available at the Leisure Centre.
A review of market value was conducted in consultation with the Property and Risk Manager for
the District of Maple Ridge. Based on this information, the fees have been amended to achieve
fair market value.
b) Desired Outcome:
To utilize Leisure Centre facilities during lower use times and enhance services available to
patrons and residents.
c) Strategic Alignment:
Alignment with Councils strategic vision is to create a safe and livable community by striving for
enhanced service levels, quality of life and independence by citizens and community
Organizations in the delivery of leisure services and other municipal services through
community development.
d) Citizen/Customer Implications:
e) Business Plan/Financial Implications:
An additional $10,000 in lease revenue over the term of the lease as shown below by square
footage increase:
CURRENT
2011 12012 12013 12014
18.50/sq.ft. I 19.25/sq.ft. I 21.00/sq.ft. I 21.50/sq.ft.
\\m r.corp\docs\CD PR -Ad m i n\01-Ad m i n\0540-Cou nci I -Co m m ittees\20-PLSC\02-Agendas\Regu la r\2012\2012-02-
09\Golden_Ea rs_Physio_Lease.doc #1
CONCLUSIONS:
Staff recommends that this agreement be renewed for a three year term.
Prepared By: Danielle Pope
Title: Manager Business Operations
Approved By: Wendy McCormick
Title: Director Recreation
Approved By: K91 y S%A
Title: dend
Parks &
}tiger, Community Development
reation
\\m r.corp\docs\CDPR-Ad m i n \01-Ad m i n\0540-Co u n ci I-Committees\20-PLSC\02-Age ndas\Regu la r\2012\2012-02-
o9\Golden_Ears_Physio_Lease.doc #2
THIS INDENTURE is made as of the January 13th, 2012 but is actually executed on the day of
, 2012.
IN PURSUANCE OF THE "LAND TRANSFER FORM ACT, PART 2"
BETWEEN
U04 03
DISTRICT OF MAPLE RIDGE a body corporate having its offices at 11995 Haney
Place, Maple Ridge, B.C. V2X 6A9
(hereinafter called the ("Landlord")
OF THE FIRST PART
GOLDEN EARS ORTHOPAEDIC AND SPORTS PHYSIOTHERAPIST
CORPORATION, a company incorporated pursuant -to the laws of
British Columbia having its registered office at 211 - 1015 Austin
Avenue, Coquitlam, B.C. V3K 3N9
(hereinafter called the "Tenant")
OF THE SECOND PART
WITNESSETH that in consideration of the rents, -covenants, conditions, and agreements hereinafter
respectively reserved and contained on the part of the Landlord and the Tenant to be respectively
paid, kept, observed and performed the Landlord and the Tenant covenant and agree each with the
other as follows:
L The Landlord does hereby demise and lease unto the Tenant a portion of the building known
as Maple Ridge Leisure Centre located at Haney Place, Maple Ridge, B.C. (hereinafter called
the "Building') which is situated in the Maple Ridge Town Centre, British Columbia on lands
legally described as"
P.I.D. 001-041-967, District Lots 398 and 401,Group 1,NWD, Plan 60562
Lot 118, except part subdivided by Plan 68843
A) which portion contains 690 square feet more or less, and is shown outlined in
red on the plan attached hereto as Schedule "A" (the "Premises (A)").
B) Which portion contains 1,145 square feet more or less, and is shown outlined in
red on the plan attached hereto as Schedule "A" (the "Premises (B)")
TO HAVE AND TO HOLD "Premises A" from the Commencement Date of Term (as hereinafter
defined) for the term (hereinafter called the "Term") of three years thence ensuing unless
sooner terminated pursuant to the provisions hereof.
TO HAVE AND TO HOLD "Premises B" from the Commencement Date of Term (as hereinafter
defined), for the term (hereinafter called the "Term") of three years thence ensuing unless
sooner terminated pursuant to the provisions hereof.
Feb 02, 2012 4:20 PM/ML
(A) YIELDING AND PAYING THEREFOR during the first year of the premises A Term, Base
Rent of Thirteen Thousand One Hundred and Ten Dollars and Six Cents
($13,110.06) + applicable taxes payable in equal consecutive monthly instalments
of One Thousand Seventy Eight Dollars and Thirteen Cents ($1,078.13) +
applicable taxes each in advance on the first day of each and every month starting
January 1st, 2012 ending June 30th, 2012 and payments of One Thousand One
Hundred and Six Dollars and Eighty Eight Cents ($1,106.88) on the first day of
each and every month starting July 1st, 2012 until December 31st, 2012.
Such rent includes a charge of for the Tenant's share of common area costs
payable in respect of the said lands and the building.
1. See schedule "C" for fee schedule for 2013-2014.
(B) YIELDING AND PAYING THEREFOR during the first year of the premises B Term, Base
Rent of Twenty One Thousand Seven Hundred Fifty Four Dollars and Ninety Eight
Cents ($21,754.98) + applicable taxes payable in equal consecutive monthly
instalments of One Thousand Seven Hundred and Eighty Nine Dollars and Six Cents
($1,789.06) + applicable taxes each in advance on the first day of each and every
month starting February 1st, 2012 ending June 30th, 2012 and payments of One
Thousand Eight Hundred Thirty Six and Seventy Seven Cents ($1,836.77) on the
first day of each and every month starting July 1st, 2012 until December 31st, 2012.
Such rent includes a charge of for the Tenant's share of common area costs
payable in respect of the said lands and the building.
1. See schedule "C" for fee schedule for 2013-2014.
2. For the purposes of this Lease:
(a) "Additional Rent" means all sums, other than rent payable pursuant to Article 2,
payable by the Tenant as determined in accordance with the provisions of this Lease;
(b) "Commencement Date of Term (A) " means January 13, 2012;
(c) "Commencement Date of Term (B) " means January 1, 2012;
(d) "Rental" means the aggregate of the Rent and Additional Rent payable hereunder;
3. The Tenant covenants and agrees with the Landlord:
(a) to pay Rental, together with applicable taxes thereon, without any deduction
therefrom all at the times and in the manner herein provided;
(b) to pay when due every tax, including the percentage of Property Tax based on lease
space, and license fee (including penalties for late payment thereof) in respect of any
and every activity carried on in or upon the Premises or in respect of the occupancy
(b) to pay when due every tax, including the percentage of Property Tax based on lease
space, and license fee (including penalties for late payment thereof) in respect of any
and every activity carried on in or upon the Premises or in respect of the occupancy
or use of the Premises by the Tenant (or by any and every of its sub -tenants) whether
such taxes or licence fees are charged by a municipal, federal or provincial
government or other body and whether the statement or notice of such taxes or
licence fees are rendered to the Landlord or the Tenant;
(c) to pay all taxes, rates, licences or assessments against any improvements, fixtures,
machinery, equipment or like chattels erected or placed upon or affixed to the
Premises by or on behalf of the Tenant or assessed against the activities carried on
by the Tenant therein, whether the statement or notice of such taxes, rates, licences
or assessments is rendered to the Landlord or the Tenant;
(d) to pay all rates, tolls and charges incurred in respect of the Premises for telephone
and any other similar utilities required directly by the Tenant;
(e) that the Tenant shall, at the Tenant's expense, during the Term and any renewal
thereof well and sufficiently repair and replace (excluding all structural repairs and
replacements), maintain and keep. the Premises, and every part thereof and
improvements thereon including the Tenant's leasehold improvements, in good and
substantial repair, when,. where and so often as need shall be, damage by fire and
other risks against which the Landlord is insured excepted, provided however that,
notwithstanding the foregoing exemption:
M the Tenant shall repair and make good any damage caused by the Tenant or
any of its employees, agents, invitees or licences; and
(ii) the Tenant shall use the Landlord's contractors for any repairs or
replacements to the plumbing, electrical, heating, ventilating, air-conditioning
and sewerage systems and other mechanical systems in the Premises; and
And the Landlord may on reasonable notice enter and view the state of repair, and
the Tenant will repair according to notice, except as aforesaid and the Landlord may
enter the Premises using such force as may be necessary without being liable to the
Tenant therefore during any emergency; and that the Tenant will leave the Premises
in good and substantial repair save as aforesaid;
(f) that the Tenant will keep well painted the painted portions of the interior of the
Premises;
(g) that the Tenant will give to the Landlord or its agents prompt notice of any defect in
the water or other pipes or fixtures, heating apparatus, electric or other wires and
mechanical systems and of visual structural defects in the Premises;
(h) that the Tenant will continuously throughout the Term:
M use and occupy the Premises only for the purposes of a Physiotherapy facility.
�1
(ii) ensure client activities are confined to "Premise A" and/or "B" or in booked
space such as the Gymnasium, Boxing Studio and/or Multi -Purpose space.
(iii) attain approval by the Maple Ridge Pitt Meadows Parks and Leisure Services
Director of Recreation or their designate for programming offered in "Premise
A" and/or "Premise B".
(iv) review Maple Ridge Leisure Centre annual shutdown dates and work with
Business Operations Manager to determine a suitable alternative facility at
least 90 days prior to shutdown.
(v) conduct its activities in full compliance with all federal, provincial and
municipal statutes, regulations codes and bylaws; and in accordance with
any published guidelines of the College of Physiotherapists of British
Columbia or its successors.
(vi) ensure that any employee or agent of the Tenant engaged in the business of
providing physiotherapy services will, at all times be licensed by and in good
standing with the College of Physiotherapists of British Columbia if he or she
is providing physiotherapy treatment, be bonded, hold all required licences
and certificates and carry professional liability insurance in the amount of not
less than $5,000,000.00 per occurrence on the same terms and conditions
as in section 9(b) hereof.
(vii) ensure that all of the Tenant's employees or agents will be appropriately
attired when conducting the business of providing physiotherapy services.
(viii) take all steps that a reasonable and prudent operator of a similar type of
business would take to ensure against the spread of communicable
diseases.
(i) that the Tenant shall abide by and comply with all laws, by-laws, rules regulations and
requirements of every federal, provincial, municipal or other authority or any body of
fire insurance underwriters which in any manner now or in the future relates to or
affects the Premises and the use of and/or the activities carried on and conducted
therein;
Q) that the Tenant shall forthwith discharge any liens at any time filed against and keep
the Premises and the said lands free from liens of which the Tenant is the cause of
such filing and in the event that the Tenant fails to do so, the Landlord may, but shall
be under no obligation to pay into Court the amount required to obtain a discharge of
any such lien in the name of the Tenant and any amount so paid together with all
disbursements and taxed costs in respect of such proceedings on a solicitor and
client basis shall be forthwith due and payable by the Tenant to the Landlord as
Additional Rent and the Tenant shall indemnify and save harmless the Landlord from
and against any and all manner of claims for liens for wages or materials or for
damage to persons or property caused during the making of or in connection with any
repairs, or approved alterations, installations and additions which the Tenant shall
malice or cause to be made to the Premises; and shall allow the Landlord to post and
shall keep posted on the Premises any notice that the Landlord may desire to post
under the provisions of the "Builders Lien Act" and/or the "Repairers Lien Act" of
British Columbia as amended or re-enacted from time to time or any successor
legislation thereto;
(k) that the Tenant shall not assign or sublet the Premises in whole or in part.
(1) that the Tenant shall not remove its goods from the Premises except in the usual
course of business;
(m) that the Tenant shall at its expense, provide janitorial services to the Premises
sufficient to keep the Premises tidy and in a clean and sanitary condition and free
from odours rodents, bugs and vermin and shall provide receptacles (in a location to
be approved by the Landlord) for refuse and rubbish of al kinds (including proper
refrigerated areas for perishable rubbish and garbage) and shall attend to the
removal of the same from the Premises at regular intervals and shall not keep or
leave any rubbish of any kind in or near the Premises;
(n) that the Tenant will not carry on nor allow to be carried on, done or maintained on the
Premises any work, activity, business, occupation or thing which may be deemed a
nuisance or which may be offensive or annoying to the Landlord or any other tenant
of the Landlord or any other occupant of lands adjacent to the said lands or be
improper, noisy or contrary to any law or to any municipal bylaw for the time being in
force or by which the Building shall be injured or which may increase the hazard of
fire or liability of any kind or which may increase the premium rate of insurance
against loss by fire or liability upon the Building (and, without waiving the foregoing
prohibition the Landlord may demand, and the Tenant shall pay to the Landlord upon
dernand, the amount of any such increase of cost) or cause the cancellation of or
invalidate any policy of insurance of any kind upon or in respect of the same and the
Tenant shall not bring any explosive or inflammable materials onto the Premises;
(o) that the Tenant will allow prospective tenants to enter and inspect the Premises on
business days during the period of six (6) months prior to the expiration of the Term
and will allow the Landlord during the said period of six (6) months to place on the
Premises a notice advertising that the Premises are for rent or to lease;
(p) that the Tenant shall permit the Landlord and its authorized agents and employees
to show the Premises to prospective purchasers of the said lands during normal
business hours of the Landlord during the Term;
(q) that the Tenant will provide all leasehold improvements as are necessary to conduct
its activities and operations at no cost to the Landlord, including, but not limited to,
signage, flooring, painting, plumbing and plumbing fixtures, electrical consumption
meter, framing and drywall, suspending ceiling, and all cabinetry, provided that the
Landlord must approve the design and quality of the leasehold improvements prior to
construction or installation of the same, and provided that the Tenant will not make
or construct any alterations, additions or improvements in the Premises nor install
any plumbing, piping, wiring or heating apparatus or other mechanical systems
therein without the written approval of the Landlord first had and obtained (and
which approval the Tenant acknowledges the Landlord may arbitrarily withhold) and
at the end or sooner determination of the Term the Tenant will restore the Premises
or any part thereof, to their condition as at the commencement of the Term
reasonable wear and tear only excepted, if called upon to do so by the Landlord, but
otherwise all repairs, alterations, installations and additions made or constructed by
the Tenant upon or in the Premises, except moveable business fixtures brought
thereon by the Tenant, shall be the property of the Landlord and shall be considered
in all respects as part of the Premises;
(r) that the Tenant will not erect or display any signs or nameplates on the outside of the
Building or the Premises or on the said lands without the Landlord's approval thereof
in writing first had and obtained and will remove the same upon the expiration of the
Term making good any damage caused by such removal and the Tenant shall be
responsible for the cost of installing and maintaining all approved signage outside of
the Building;
(s) to observe, obey and conform to and cause its employees, invitees and licencees to
observe, obey and conform to the rules and regulations attached hereto as Schedule
"B" and to all further reasonable rules and regulations from time to time made by
the Landlord with regard to the good reputation, safety, care, cleanliness,
appearance, management, use or occupation of the Building, the Premises or the
said lands and to have an attendant or supervisor present on the Premises at all
times the Premises are in use;
(t) that the Tenant has caused the Premises to be inspected and admits that the same
are at the date first above mentioned in a good and substantial state of repair and
that the same are now clean and in a satisfactory and sanitary condition;
(u) that the Tenant will produce to the Landlord from time to time at the request of the
Landlord satisfactory evidence of the due payment by the Tenant of all payments
required to be made by the Tenant under this Lease;
(v) that the Tenant shall promptly make whole at its sole cost and expense all damaged
glass (including plate glass) in the Premises;
(w) that the Tenant, at the expiration or earlier termination of the Term, will peaceably
surrender and give up possession of the Premises without notice from the Landlord;
(x) that the Landlord shall have the right at any time during the Term to repair or add to
or alter the Building and for that purpose, if necessary, to enter into and upon or
attach scaffolds or other temporary fixtures to the Premises, putting the Tenant to no
unnecessary inconvenience;
(y) that the Tenant shall indemnify and save harmless the Landlord from any and all
liabilities, damages, costs, claims, suits or actions directly or indirectly arising out of
this Lease and, without limiting the generality of the foregoing, arising out of:
4
5.
7
(i) any breach, violation, or non-performance of any covenant, condition or
agreement in this Lease set forth and contained on the part of the Tenant to
be fulfilled, kept observed and performed;
(ii) any damage or injury to property of the Landlord while said property shall be
in or about the Premises, the Building or the said lands; and
(iii) any damage or injury to any property or to any person including death
resulting any time therefrom, occurring in or about the Premises;
Provided that this indemnity shall survive the expiry or sooner determination of the
Term, as to matters which arose prior to such expiration or sooner determination;
(z) than the Tenant shall not cause or suffer or permit any oil or grease or any harmful,
ob_lectionable, dangerous, poisonous, inflammable or explosive matter or substance
to be discharged into the drains or sewers in the Building or on the said lands or
lands adjacent thereto, and will take all reasonable measures for ensuring that any
effluent discharged will not be corrosive, poisonous or otherwise harmful, or cause
obstruction in or around the neighbourhood of the Premises or the Building;
(aa) that the Tenant shall not permit any vehicles belonging to the Tenant or its
employees or persons delivering supplies and goods to the Premises to cause
obstruction on any highways, public places or driveways in the neighbourhood of the
Premises or the Building.
The Landlord covenants and agrees with the Tenant:
(a) that the Tenant and its employees and licensees may use the public washrooms in
the Building;
(b) to maintain the structure of the Building and the surrounding common areas,
including repairs to the roof, outside walls, foundations and paved areas save for
damage caused thereto by the wrongful or negligent acts of the Tenant or its
employees or agents.
(a) If and whenever the Rental hereby reserved or any part thereof shall not be paid on
the day appointed for payment thereof, whether demanded or not, or in case of
breach or non -observance or non-performance of any of the covenants, agreements,
provisos, conditions or rules and regulations on the part of the Tenant to be kept,
observe or performed, or in case the Premises shall be vacated or remain
unoccupied for five (5) days or without the written consent of the Landlord or in case
the Premises shall be used by any person other than the Tenant, or for any other
purpose than that for which the same were let or in case the Term shall be taken in
execution or attachment for any cause whatever, then and in every such case, it shall
be lawful for the Landlord at any time thereafter to enter into and upon the Premises
or any part thereof in the name of the whole the same to have gain, repossess and
enjoy as of its former estate, provided that the Tenant has failed to rectify the alleged
default or defaults after having been given seven (7) days' written notice to do so in
the case of a default in the payment of Rental and after having been given fifteen
(15) days' written notice to do so where the default is a default other than in the
payment of Rental.
(b) The Landlord shall have the right to terminate this Lease if W.R. Macdonald cease to
be a member of the College of Physiotherapists of British Columbia.
(c) the Landlord may from time to time resort to any or all of the rights and remedies
available to it in the event of any default hereunder by the Tenant, either by any
provision hereof or by statute or the general law, all of which rights and remedies are
intended to be cumulative and not alternative and the express provisions hereunder
as to certain rights and remedies are not to be interpreted as excluding any other or
additional rights and remedies available to the Landlord by statute or the general
law.
(d) the Landlord shall have the same rights and remedies in the event of any non-
payment by the Tenant of any Additional Rent payable by the Tenant under any
provision hereof whether or not such amounts are payable directly to the Landlord,
as is the case of a non-payment of rent;
(e) if the Tenant shall fail to pay any Rent from time to time promptly when due, the
Landlord shall be entitled, if it shall demand it, to interest thereon at a rate of five
percent (5%) per annum in excess of the rate of interest published from time to time
by the main branch in Vancouver, British Columbia of the Landlord's bank, as its
most favourable rate of interest to its most creditworthy and substantial commercial
customers commonly known as its Prime Rate, from the date upon which the same
was due until actual payment thereof.
(f) whenever the Landlord becomes entitled to re-enter upon the Premises under any
provision hereof, the Landlord in addition to all other rights it may have shall have the
right as agent of the Tenant to enter the Premises and re -let them and to receive the
rent therefore and as the agent of the Tenant to take possession of any furniture or
other property thereon and to sell the same at public or private sale without notice
and to apply the proceeds thereof and any rent derived from re -letting the Premises
upon account of the Rental due and to become due hereunder and the Tenant shall
be liable to the Landlord for the deficiency if any.
(g) the Tenant waives and renounces the benefit of any present or future statute taking
away or limiting the Landlord's right of distress and covenants and agrees that
notwithstanding any such statute none of the goods and chattels of the Tenant on
the Premises at any time during the Term shall be exempt from levy by distress for
Rental in arrears. The Tenant will not (except in the normal course of business) sell,
dispose or remove any of the fixtures, goods or chattels of the Tenant from or out of
the Premises during the Term without the prior written consent of the Landlord and
the Tenant agrees that it will, at all times, be the owner of its goods and chattels and
will not create any mortgage, conditional sale or other encumbrance of such goods or
chattels. The Tenant further agrees that if it leaves the Premises leaving any rental
unpaid, the Landlord, in addition to any remedy otherwise provided by law, may seize
and sell the goods and chattels of the Tenant at any place to which the Tenant or ay
other person may have removed them, in the same manner as if such goods and
chattels had remained upon the Premises.
6. It is hereby agreed that if the Tenant shall hold over other than by way of renewal after the
expiration of the Term or any renewal thereof and the Landlord shall accept rent, the new
tenancy thereby created shall be a tenancy from month to month and not a tenancy from
year to year, and shall be subject to the covenants and conditions herein contained so far as
the same are applicable to a tenancy from month to month, and the monthly rent payable
under such monthly tenancy shall be one hundred and fifty percent (150%) of one twelfth of
the Rental payable for the last twelve (12) months of the Term.
If the Tenant from time to time fails to observe or perform any of the covenants on its part
herein contained or to make any payments required to be made by it or carry out any repairs
according to notice given by the Landlord, the Landlord may perform such covenants or
make such payments in whole or in part together with interest charged thereon or may enter
and make or cause to be made such repairs, as the case may be, but the giving of any such
notice or the making of any such payment or performing of such covenants or the
undertaking of any such repairs by the Landlord shall not be deemed an acknowledgement
or admission of any liability or responsibility on the part of the Landlord. Any payment so
made and the costs of performing any of such covenants or of any repairs so made or
caused to be made and any damage, loss or expense suffered or incurred by the Landlord
(including all legal fees on a solicitor and client basis) by reason of any failure of the Tenant
to observe and comply with any of the covenants of the Tenant herein contained shall
immediately become payable by the Tenant to the Landlord as Additional Rent.
8. The Landlord and the Tenant covenant and agree:
(a) that the Tenant shall provide at its expense and maintain in force during the Term or
any extension thereof:
(i) public liability insurance in the sum of at least Five Million Dollars
($5,000,000.00) in respect of injury or death to one or more persons or
property damage occurring either in, upon or near the Premises, the Building
or the said lands naming the District of Maple Ridge and the City of Pitt
Meadows, Maple Ridge and Pitt Meadows Parks and Leisure Services
Commission and School District #42 as named insured;
(ii) insurance on all plate glass in the Premises in an amount equal to the full
replacement value thereof; and
(iii) standard fire insurance with extended coverage or additional perils
supplemental contract on the stock -in -trade, furniture, fixtures, improvements
and all other contents of the Premises to the full replacement value thereof
and tenant's fire legal liability insurance in an amount equal to the
replacement value of the Building;
10
(b) that the Tenant shall ensure that all insurance referred to in this Article 9 shall:
(i) be effected with insurers and brokers and upon terms and conditions
satisfactory to the Landlord;
(i i) name the Landlord as an additional insured with the exception of the
insurance policy referred to inclause9(a)(i) hereof which policy shall contain a
cross liability clause in form and content satisfactory to the Landlord and
(iii) provide that such policies shall not be cancelled or materially changed
without thirty (30) days written notice first having been given to the Landlord
by the insurer;
(c) that the Tenant shall deliver certified copies of all insurance policies required to be
taken out by the Tenant hereunder and receipts from premiums paid therefor to the
Landlord on demand;
(d) if during the Term or any renewal or extension thereof, the Premises or the building
shall be destroyed or damaged by fire or the elements, the following shall apply:
(i) if, in the Landlord's reasonable opinion, the Premises shall be so badly
damaged as to be unfit for occupancy as to be incapable, with reasonable
diligence of being repaired and rendered fit for occupation within one
hundred and eight (180) days from the happening of such damage, then the
Term shall cease and be at an end to all intents and purposes from the date
of such damage or destruction and the Tenant shall immediately surrender
the same and yield up possession of the Premises to the Landlord and the
rental hereunder shall be apportioned and paid to the date of such
termination;
(i i) if, in the Landlord's reasonable opinion, the Premises shall be capable, with
reasonable diligence, of being repaired and rendered fit for occupation within
one hundred and eighty (180) days from the happening of such damage as
aforesaid then the Landlord shall repair the same with all reasonable speed,
provided the Landlord shall not be required to repair any improvements or
alterations made to the Premises by or on behalf of the Tenant, which repairs
the Tenant undertakes to diligently commence as soon as possible and
thereafter construct continuously until completion thereof.
9. Provided the same is not due to the negligence of the Landlord, its servants, agents and
employees:
(a) the Landlord, its agents, servants and employees shall not be liable nor responsible
in any way for any injury, loss, damage or expense of any nature whatsoever and due
to any cause or reason that may be suffered or sustained by the Tenant or any
employee, agent, licensee or invitee of the Tenant or any other person who may be
upon the Premises or the Building or the said lands, or for any loss of or damage to
any property belonging to the Tenant or to its employees, agents, licensees or
11
invitees or ay other person while such employees, agents, licensees, invitees, or
persons or property are on the Premises, the Building or the said lands;
(b) under no circumstances shall the Landlord be liable for indirect or consequential
damage or damage for personal discomfort or illness due to any cause or reason
including, but without limiting the generality of the foregoing, the heating or air-
conditioning (if any) of the Premises or the Building or the operation of the plumbing
or other equipment in the Building or in the Premises; and
(c) it is hereby agreed that the Landlord shall not be responsible for any loss, damage or
expense to the Premises or anything therein contained arising from any matter or
thing whatsoever including without limiting the generality of the foregoing, any loss,
damage or expense incurred by any overflow or leakage of water from any part of the
Premises, the Building, the said lands or any adjoining buildings or premises, or
occasioned by the use of water or by the breaking or bursting of any pipes or
plumbing fixtures, or any other manner, or by seepage from adjoining buildings or
premises or by an accident or misadventure to or arising from any electrical wiring
and/or appliances.
10. That no waiver of nor neglect to enforce the right to forfeiture of this Lease nor the right of re-
entry by the Landlord upon breach of any covenants, conditions or agreements herein
contained shall be deemed a waiver by the Landlord of such rights upon subsequent breach
of the same or any other covenant or condition of this Lease.
11. If required by the Landlord so to do, the Tenant shall subordinate this Lease to any
mortgages, including any deed of trust and mortgage and all indentures supplemental
thereto, which now or hereafter during the Term affect or relate to this Lease, the Premises,
or the said lands and to all modifications or renewals thereof. The Tenant agrees to execute
promptly from time to time any assurance which the Landlord may require to confirm this
subordination.
12. If the Tenant hereunder shall be more than one person or entity, the covenants, provisos,
conditions and agreements herein contained on the part of the Tenant herein shall be both
joint and several covenants.
13. That if the Term shall be at any time seized or taken in execution or in attachment by any
creditor of the Tenant or if the Tenant shall go into liquidation or receivership or if the Tenant
shall commence winding -up proceedings whether voluntary or otherwise or if the Tenant shall
make any assignment for the benefit of its creditors, or becoming bankrupt or insolvent shall
take the benefit of any act that may be in force for bankrupt or insolvent debtors, or in case
the Premises shall be used for any purpose other than as provided without first obtaining the
written consent of the Landlord the then current monthly instalment of rental and the next
three (3) months Rental shall immediately become due and payable and the Term shall
immediately become forfeited and void.
14. This Lease shall be construed and governed by the laws of the Province of British Columbia.
All of the provisions of this Lease are to be construed as covenants and agreements as
though the words importing such covenants and agreements were used in each separate
12
paragraph hereof. Should any provisions of this Lease be illegal or not enforceable they shall
be considered separate and severable from this Lease and its remaining provisions shall
remain in force and be binding upon the parties hereto as through the illegal or
unenforceable provisions had never been included.
15. If the Landlord shall sell the said lands, the Landlord shall, as and from the date of such sale,
be relieved of the further observance and performance of all of the covenants and
obligations on its part herein contained.
16. Time shall be of the essence of this Lease.
17. Any notice to be given by the Landlord to the Tenant hereunder shall be well and sufficiently
given if delivered or sent by prepaid registered mail to the Tenant addressed to the Tenant at
the Premises:
and any notice to be given by the Tenant to the Landlord shall be well and sufficiently given if
delivered or sent by prepaid registered mail to the Landlord addressed to the Landlord as follows:
Maple Ridge and Pitt Meadows Parks
& Leisure Services Commission
11925 Haney Place
Maple Ridge, B.C. V2X 2G2
Attention: Business Operations Manager
or to any other address in British Columbia of which the Landlord shall advise the Tenant in writing
and any such notice may be delivered by hand or by prepaid registered mail and shall be deemed to
have been given if delivered, when delivered, and if mailed, on the fourth (4t") business day after the
mailing thereof in any government post office in the Province of British Columbia provided that if
mailed, and after the time of mailing there shall be any slowdown, strike or labour dispute which
might affect the delivery of such notice, then such notice shall only be effective if actually delivered.
18. The Tenant acknowledges that:
(a) there are no covenants, representations, warranties, agreements or conditions
expressed or implied, collateral or otherwise forming part of or in any way affecting or
relating to this Lease save as expressly set out herein and that this Lease constitutes
the entire agreement between the Landlord and the Tenant and may not be modified
except by subsequent agreement in writing executed by the Landlord and the Tenant;
and
(b) the Landlord shall deliver this Lease to the Tenant in registrable form provided that
preparation of all necessary plans and explanatory plans to enable this Lease to be
put into registrable form shall be at the Tenant's expense.
19. This Lease shall enure to the benefit of and be binding upon the parties hereto and their
respective heirs, executors, administrators, personal representatives, successors and
permitted assigns.
13
20. References to the Landlord or the Tenant shall be read with such changes in gender as may
be appropriate, and where appropriate, the singular shall mean the plural and vice -versa.
21. If the Tenant duly and punctually pays the Rental and performs and observes all of the
covenants, terms and conditions of this Lease, the Tenant shall have the option to renew the
Lease for One (1) more three-year term by written notice to the Landlord not earlier than the
end of the second year of the term, and not later than six months prior to expiration of the
Term, and any such renewal shall be on the same covenants, terms and conditions as this
Lease, save and except:
(a) Section 22; and
(b) the Rental, which rent shall be the then fair market rent for the Premises, being the
rent which would be paid therefore as between persons dealing in good faith and
arm's length and if the Landlord and the Tenant have not mutually agreed on the
amount of such rent ninety (90) days prior to the renewal term, such Rental shall be
decided by binding arbitration pursuant to Section 23 hereof, provided that the Base
Rent and the formula for Percentage Rent payable during the renewal term shall not
be less than the Base Rent and formula for Percentage Rent payable during the last
year of the Term hereof.
The Landlord and the Tenant acknowledge and agree that, by this Section 22, the Tenant is
only given the option of renewing the premises (A & B) Term for One (1) three year term, and
at the expiration of the renewal term, there shall be no further rights of renewal.
22. If under the provisions of Section 22 hereof the Landlord and the Tenant have failed to agree
as to such rent payable for the Premises with respect to any renewal term by the date
specified in Article 22, such rent shall be determined by a single arbitrator pursuant to the
provisions of The Commercial Arbitration Act, S.B.C. 1996 and any statutory modification or
re-enactment thereof, or any successor legislation thereto.
23. It is understood and agreed that nothing contained in this Lease nor in any acts of the parties
hereto shall be deemed to create any relationship between the parties hereto other than the
relationship of Landlord and Tenant.
24. The Tenant must not register this Lease pursuant to the Land Title Act, R.S.B.C. 1996 c. 250.
25. The landlord agrees that it will not lease any space in the Maple Ridge Leisure Centre to any
other tenant who will provide comparable physiotherapy services to those offered by the
tenant.
26. The Tenant will pay a reduced admission rate equivalent to the per visit fee of a 20-visit Flexi
pass per client who is admitted to the landlords Fitness Facility, Swimming Pools and
Gymnasium, such sum to be billed monthly in arrears to the Tenant, who shall pay such sum
within Ten (10) days of receipt of such invoice.
27. This contract may be terminated by either party on giving 6 months notice in writing to the
other and, without limiting the generality of the foregoing:
14
(a) the tenant shall vacate the Premises within the notice period, leaving them in the
same condition as recorded on initial tenancy; and
(b) should this contract be terminated for cause the tenant shall vacate the Premises
with 30 days notice, leaving them in the same condition as recorded on initial
tenancy.
IN WITNESS WHEREOF the parties hereto have caused this Lease to be executed the day and year
second above written
The Corporate Seal of DISTRICT OF MAPLE }
RIDGE was hereunto affixed in the presence
of: 7
(Authorized Signatory)
(Authorized Signatory) )
The COMMON SEAL OF GOLDEN EARS )
ORTHOPAEDIC AND SPORTS
PHYSIOTHERAPIST CORPORATION. was )
hereunto affixed in the presence of:
C/S
Authorized Signatory: }
15
Authorized Signatory:
16
SCHEDULE "A"
PREMISES
(SKETCH PLAN/PREMISES OUTLINED IN RED)
Y
• YOU ARE HERE
EXIT
PULL STATION
FIRE EXTINGUISHER
E
rS�EttZc cE^lT;�
N�� s
Upper Floor
W
17
SCHEDULE "B"
(SECTION 4(S))
RULES AND REGULATIONS REFERRED TO IN LEASE
1. The Tenant provides keys to "Premise A" and "Premise B" to the Landlord.
2. Client activities must be confined to "Premise A" and "Premise B" or in booked space such
as the Gymnasium, Boxing Studio and/or Multi -Purpose space.
3. The Tenant shall not perform any acts or carry on any practice, which may injure the
Premises or be a nuisance to others tenants in the Building or to the owners or occupiers of
properties adjacent to the said lands.
4. The Tenant shall not burn any trash or garbage in or about the Building, the Premises or
anywhere within the confines of the said lands.
5. Floors shall not be loaded beyond their respective design loads.
6. All loading and unloading of merchandise, supplies, materials, garbage, refuse and other
chattels shall be made only through or by means of such doorways as the Landlord shall
designate in writing from time to time.
7. The Tenant shall not bring into the Premises or the building any equipment, motor or any
other thing which might damage the Building or the Premises.
8. No animals shall be allowed or Kept in or about the Premises.
g. The Tenant shall not be permitted to use or keep in the Building any gasoline, coal oil,
camphene, burning fluid or other inflammable material.
10. No one shall use the Premises for sleeping quarters.
11. Any hand trucks, carryalls, or similar appliances used in the Building shall be equipped with
rubber tires and such other safeguards as the Landlord may require.
12. The Tenant may book at no charge municipally owned parks for the purpose of said related
business. Booking charges will apply for any usage outside of said related business.
18
SCHEDULE "C"
2012 (Jan-
Jun)
2012 (Jul-
Aug)
2013
2014
Per Sq Foot
(includes
common area
fee)
18.75
19.25
21.00
21.50
Premise A
12,938
13,283
14,490
14,835
Monthly
1,078.13
1,106.88
1,207.50
1,236.25
(Feb -
Jun)
Premise B
21,468.75
22,041.25
24,045.00
24,617.50
Monthly
1,789.06
1,836.77
2,003.75
2,051.46
Total Annual
15,414.06
17,661.88
38,535.00
39,452.50
Total Monthly
1 2,569.01
1 2,943.65
13,211.25
13,287.71