Loading...
HomeMy WebLinkAbout2012-11-27 Council Meeting Agenda and Reports.pdfPage 1 District of Maple Ridge COUNCIL MEETING AGENDA November 27, 2012 7:00 p.m. Council Chamber Note: This Agenda is also posted on the Municipal Web Site at www.mapleridge.ca The purpose of a Council meeting is to enact powers given to Council by using bylaws or resolutions. This is the final venue for debate of issues before voting on a bylaw or resolution. 100 CALL TO ORDER 200 MOMENT OF REFLECTION 300 INTRODUCTION OF ADDITIONAL AGENDA ITEMS 400 APPROVAL OF THE AGENDA 500 ADOPTION AND RECEIPT OF MINUTES 501 Minutes of the Regular Council Meeting of November 13, 2012 502 Minutes of the Public Hearing of November 20, 2012 503 Minutes of the Development Agreements Committee Meetings of November 9(2) and 15, 2012 600 PRESENTATIONS AT THE REQUEST OF COUNCIL 601 State of the District Address • Mayor Daykin 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. Council Meeting Agenda November 27, 2012 Council Chamber Page 2 of 8 700 DELEGATIONS 701 Operation Red Nose • Emma Broadfoot, Promotions Coordinator 702 Savannah and Serval Society of BC 800 UNFINISHED BUSINESS 801 Town Centre Properties Consideration of motion put forward by Councillor Ashlie at the November 13, 2012 Council Meeting Note: Item 802 was forwarded from the November 19, 2012 Council Workshop Meeting 802 Medical Marihuana Staff report dated November 19, 2012 recommending that staff be directed to work with legal counsel to prepare Zoning and other bylaw amendments needed to establish the production of medical marihuana as a permitted use in agricultural zones. 900 CORRESPONDENCE 1000 BYLAWS Note: Item 1001 to 1004 are from the Public Hearing of November 20, 2012 Bylaws for Third Reading 1001 2011-084-RZ, 11133 and 11185 240 Street 1001.1 Maple Ridge Official Community Plan Amending Bylaw No. 6875-2011 To amend residential designations, to designate from Urban Residential, Conservation to Conservation and Urban Residential and from Commercial to Urban Residential and to amend the conservation area Third reading Council Meeting Agenda November 27, 2012 Council Chamber Page 3 of 8 1001.2 Maple Ridge Zone Amending Bylaw No. 6853-2011 To rezone from RS-3 (One Family Rural Residential) to RST (Street Townhouse Residential), R-1 (Residential District), -2 (Urban Residential District) & C-1 (Neighborhood Commercial) t permit subdivision into 24 RST lots, 39 single family lots and1 commercial lot Third reading 1001.3 Maple Ridge Zone Amending Bylaw No. 6947-2012 To amend the C-1 zone to allow apartment use Third reading 1002 2011-89-RZ, 22309, 22310 and 22331 St. Anne Avenue Maple Ridge Heritage Designation and Revitalization and Tax Exemption Agreement Bylaw No. 6913-2012 To designate the property as heritage property and to enter into a Heritage Revitalization Agreement which will include conservation of the Turnook/ Morse Residence and the construction of an apartment building Third reading 1003 RZ/033/08, 10366 240 Street Maple Ridge Zone Amending Bylaw No. 6621-2008 To rezone from RS-2 (One Family Suburban Residential) to R-3 (Special Amenity Residential District) to permit future subdivision into 13 single family residential lots Third reading 1004 2012-017-RZ, 11736 and 11750 Burnett Street Maple Ridge Zone Amending Bylaw No. 6909-2012 To rezone from RS-1 (One Family Urban Residential) to R-1 (Residential District) to permit future subdivision into 5 single family lots Third reading Bylaws for Final Reading 1005 2011-055-RZ, 11461 and 11475 236 Street Staff report dated November 27, 2012 recommending final reading 1005.1 Maple Ridge Official Community Plan Amending Bylaw No. 6832-2011 To adjust designated conservation areas Final reading 1005.2 Maple Ridge Zone Amending Bylaw No. 6833-2011 To rezone from RS-3 (One Family Rural Residential) to RM-1 (Townhouse Residential) to permit a townhouse development of approximately 53 units Final reading Council Meeting Agenda November 27, 2012 Council Chamber Page 4 of 8 1006 Maple Ridge Animal Control and Licencing Bylaw No. 6908-2012 To combine three previous bylaws into one single bylaw, to update and simplify language, to add new regulations around the distinction of an Aggressive Dog and a Dangerous Dog, new regulations around Pet Store Operators and to provide reduced dog licence fees for senior citizens over the age of 65 years old Final reading COMMITTEE REPORTS AND RECOMMENDATIONS 1100 COMMITTEE OF THE WHOLE 1100 Minutes – November 19, 2012 Public Works and Development Services 1101 2012-091-RZ, 24285 130 Avenue and 24365 130 Avenue, RS-3 to R-2 Staff report dated November 19, 2012 recommending that Maple Ridge Zone Amending Bylaw No. 6949-2012 to permit future subdivision in an Eco-cluster type development be given first reading and that the applicant provide further information as described in Schedules B, F and G of the Development Procedures Bylaw No. 5879-1999 and a subdivision application. 1102 RZ/013/10, 22875 132 Avenue, property east of 22875 132 Avenue, 22942 and 22850 136 Avenue, RS-3 and CD-3-98 to R-1, RST, R-3, RS-1b and P-1 Staff report dated November 19, 2012 recommending that Maple Ridge Official Community Plan Amending Bylaw No. 6724-2010 to amend conservation boundaries, add a neighbourhood park and relocate an equestrian trail be given first and second reading and be forwarded to Public Hearing and that Maple Ridge Zone Amending Bylaw No. 6725-2010 to permit a future subdivision of 76 lots be given second reading and be forwarded to Public Hearing. 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 November 27, 2012 Council Chamber Page 5 of 8 1103 2011-097-RZ, 12025 203 Street and 20337 Dewdney Trunk Road, RS-1 to RM-2 Staff report dated November 19, 2012 recommending that Maple Ridge Zone Amending Bylaw No. 6852-2011 to permit future construction of a four-storey building with 22 apartments with an underground parkade be given second reading and be forwarded to Public Hearing. 1104 RZ/044/09, 11213 and 11247 240 Street, Housing Agreement Bylaw No. 6954-2012 Staff report dated November 19, 2012 recommending that a Housing Agreement to allow apartment as a principal use on condition that all of the proposed 16 residential units remain as rental housing be authorized and further that 11213 and 11247 240 Street Housing Agreement Bylaw No. 6954-2012 be given first, second and third readings. 1105 2011-015-RZ, 11959 203 Street, Housing Agreement Bylaw No. 6953- 2012 Staff report dated November 19, 2012 recommending that a Housing Agreement to allow apartment as a principal use on condition that all of the proposed 16 residential units remain as rental housing be authorized and further that 11959 203 Street Housing Agreement Bylaw No. 6953-2012 be given first, second and third readings. 1106 2011-055-DVP, 11461 and 11475 236 Street Staff report dated November 19, 2012 recommending that the Corporate Officer be authorized to sign and seal 2011-055-DVP to reduce front yard setbacks, allow for an increase in building height and allow for the retention of an above ground utility company plant across the 236 Street frontage. 1107 2011-055-DP, 11461 and 11475 236 Street Staff report dated November 19, 2012 recommending that the Corporate Officer be authorized to sign and seal 2011-055-DP in support of the construction of 53 townhouses under the RM-1 (Townhouse Residential) zone. 1108 Fraser Sewer Area – Request to include 24426 102 Avenue Staff report dated November 19, 2012 recommending that the Greater Vancouver Sewerage and Drainage District Board of Directors be requested to approved expansion of the Fraser Sewer Area boundary to include property at 24426 102 Avenue. Council Meeting Agenda November 27, 2012 Council Chamber Page 6 of 8 Financial and Corporate Services (including Fire and Police) 1131 Disbursements for the month ended October 31, 2012 Staff report dated November 19, 2012 recommending that the disbursements for the month ended October 31, 2012 be approved. 1132 Vacant/Abandoned Building Bylaw Staff report dated November 19, 2012 recommending that Maple Ridge Vacant/Abandoned Building Bylaw No. 6958-2012 to set out requirements for owners of vacant/abandoned buildings to secure the buildings be given first, second and third readings. Community Development and Recreation Service 1151 Downtown Update Staff report dated November 12, 2012 recommending that the Potential Action Outcomes of the Healthy, Safe and Vibrant Downtown document be endorsed as a first step in the engagement process with downtown business. Correspondence 1171 Other Committee Issues 1181 1200 STAFF REPORTS 1201 Proposed Intermunicipal Business Licence Bylaw No. 6957-2012 Staff report dated November 27, 2012 recommending that Maple Ridge Intermunicipal Business Bylaw No. 6957-2012 be given first, second and third readings. Council Meeting Agenda November 27, 2012 Council Chamber Page 7 of 8 1202 Program and Admission Fee Subsidization Policy 4.09 and Special Service Delivery Policy 4.10 Staff report dated November 27, 2012 recommending that Program and Admission Fee Subsidization Policy 4.09 and Special Service Delivery Policy 4.10 be rescinded. 1300 RELEASE OF ITEMS FROM CLOSED COUNCIL From the November 19, 2012 Closed Council Meeting • Bylaw Dispute Adjudication System – release of staff report only 1400 MAYOR’S REPORT 1500 COUNCILLORS’ REPORTS 1600 OTHER MATTERS DEEMED EXPEDIENT 1700 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETING 1701 Notice of Motion to forward a resolution to the Federation of Canadian Municipalities regarding the release of the locations of licensed medical marihuana producers Notice of motion by Councillor Morden to consider the resolution attached to this agenda at the December 11, 2012 Council Meeting. 1800 QUESTIONS FROM THE PUBLIC Council Meeting Agenda November 27, 2012 Council Chamber Page 8 of 8 1900 ADJOURNMENT CChheecckkeedd bbyy::________________________________ DDaattee:: ________________________________ 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 mayorandcouncil@mapleridge.ca. District of Maple Ridge COUNCIL MEETING November 13, 2012 The Minutes of the Municipal Council Meeting held on November 13, 2012 at 7:00 p.m. in the Council Chamber of the Municipal Hall, 11995 Haney Place, Maple Ridge, British Columbia for the purpose of transacting regular Municipal business. PRESENT Elected Officials Appointed Staff Mayor E. Daykin J. Rule, Chief Administrative Officer Councillor C. Ashlie K. Swift, General Manager of Community Development, Councillor C. Bell Parks and Recreation Services Councillor J. Dueck P. Gill, General Manager Corporate and Financial Services Councillor A. Hogarth F. Quinn, General Manager Public Works and Development Councillor B. Masse Services Councillor M. Morden C. Carter, Director of Planning C. Marlo, Manager of Legislative Services A. Gaunt, Confidential Secretary Other Staff as Required L. Holitzki, Director of Licences, Permits and Bylaws Note: These Minutes are also posted on the Municipal Web Site at www.mapleridge.ca The meeting was filmed by Shaw Communications Inc. 100 CALL TO ORDER 200 MOMENT OF REFLECTION 300 INTRODUCTION OF ADDITIONAL AGENDA ITEMS 400 APPROVAL OF THE AGENDA The agenda was approved as circulated. 501 Council Minutes November 13, 2012 Page 2 of 15 500 ADOPTION AND RECEIPT OF MINUTES 501 Minutes of the Regular Council Meeting of October 23, 2012 R/2012-487 501 Minutes Regular Council It was moved and seconded October 23, 2012 That the minutes of the Regular Council Meeting of October 23, 2012 be adopted as circulated CARRIED 503 Minutes of the Development Agreements Committee Meetings of October 23, 24 and 30, 2012 R/2012-488 503 Minutes Development Agmt It was moved and seconded Committee That the minutes of the Development Agreements Committee Meetings of October 23, 24 and 30, 2012 be received. CARRIED 600 PRESENTATIONS AT THE REQUEST OF COUNCIL – Nil 700 DELEGATIONS 701 Maple Ridge Pitt Meadows Community Services - Story Sharing Contest Awards Presentation - Vicki Kipps, Executive Director Ms. Kipps gave a PowerPoint presentation introducing Maple Ridge Pitt Meadows Community Services and outlining what the organization does. She highlighted the organization’s “Recognizing Community Champions” program and introduced five individuals who had shared their personal story and become recipients of the Story Sharing Contest Award. Council Minutes November 13, 2012 Page 3 of 15 702 CEED Centre Issues - Tyler Ducharme Mr. Ducharme asked questions in relation to issues at the CEED Centre He advised that he will forward the questions to Mayor and Council as well as the General Manager of Community Development, Parks and Recreation Services. 800 UNFINISHED BUSINESS Note: Items 801 to 803 were forwarded from the November 5, 2012 Council Workshop Meeting 801 Proposed Communications Tower Consultation Policy Staff report dated November 5, 2012 recommending that Council direction be provided on the preferred consultation process the District should employ respecting communication towers and whether a second District telecommunications tower is desirable. R/2012-489 801.1 Communications Tower It was moved and seconded Consultation Policy Adopt That the District Consultation Process outlined in Appendix 4 of the staff report titled “Proposed Communications Tower Consultation Policy” dated November 5, 2012 be adopted. CARRIED R/2012-490 801.2 2nd District Communications It was moved and seconded Tower That staff be instructed to develop a business case for consideration of a second District communications tower and report the results of this analysis back to Council with a recommendation. CARRIED Council Minutes November 13, 2012 Page 4 of 15 802 2013 Area Planning Options Staff dated November 5, 2012 recommending that the Albion Flats be reaffirmed as a priority for preparation of an area plan, that the Hammond neighbourhood be identified as the next location for an area plan and that a staff report be prepared outlining the area planning process for Hammond. R/2012-491 2013 Area Planning Options It was moved and seconded That the Albion Flats be reaffirmed as the priority for the preparation of an Area Plan; and That the Hammond neighbourhood be identified as the next location for an Area Plan, based on the criteria established in Council Policy 6.30; and further That staff be directed to prepare a report outlining the area planning process for Hammond following clarification from the Agricultural Land Commission on the ALR exclusion applications for the properties north of 105th Avenue. CARRIED 803 Correspondence re Meningococcal Vaccine Letter dated October 18, 2012 from Jay Gilbert, City Clerk, City of Coquitlam requesting support for a resolution requesting that the Provincial Government reconsider the provision of the necessary MCV4 - Meningococcal Conjugate Vaccine. Councillor Ashlie provided background information on the resolution received from the City of Coquitlam. R/2012-492 City of Coquitlam Resolution It was moved and seconded That the resolution from the City of Coquitlam requesting that the Provincial Government reconsider the provision of the necessary MCV4 – Meningococcal Conjugate Vaccine be supported and that the District of Maple Ridge forward a letter to the Provincial Government. CARRIED Council Minutes November 13, 2012 Page 5 of 15 900 CORRESPONDENCE – Nil 1000 BYLAWS Bylaws for First, Second and Third Reading 1001 Animal Control Bylaw No. 6908-2012 Staff report dated November 13, 2012 recommending that the first, second and third readings of Maple Ridge Animal Control and Licencing Bylaw No. 6908-2012 be rescinded, that the bylaw be amended and that the bylaw as amended be given three readings. R/2012-493 BL No. 6908-2012 Three readings It was moved and seconded That first, second and third readings of Bylaw No. 6908-2012 be rescinded; and That the wording on Schedule B referencing “section 7.2.1(a)”be amended to “section 6.5.1(a); and That the wording on Schedule C referencing “section 7.2”be amended to “section 6.5.1(b), (c) and reference to “section 6.2” be amended to “section 6.1”; and That Schedule E, Section 8.(g) be amended to remove the words “, including Savannahs and Servals”; and further That Bylaw No. 6908-2012 as amended be given first, second and third readings; CARRIED Bylaws for Final Reading 1002 2011-066-RZ, 26777 Dewdney Trunk Road Staff report dated November 13 recommending final reading 1002.1 Maple Ridge Official Community Plan Amending Bylaw No. 6934-2012 To amend a conservation designation Final reading Council Minutes November 13, 2012 Page 6 of 15 R/2012-494 2011-066-RZ BL No. 6934-2012 It was moved and seconded Final reading That Bylaw No. 6934-2012 be adopted. CARRIED 1002.2 Maple Ridge Zone Amending Bylaw No. 6841-2011 To rezone from RS-3 (One Family Rural Residential) to RS-2 (One Family Suburban Residential) to permit the subdivision of two single-family lots Final reading R/2012-495 2011-066-RZ BL No. 6841-2011 It was moved and seconded Final reading That Bylaw No. 6841-2011 be adopted. CARRIED 1003 Maple Ridge Business Licencing and Regulation Bylaw No. 6815-2011 To update and simplify language making content easier to interpret, educate and enforce Final reading Note: Councillor Masse left the meeting at 8:01 p.m. R/2012-496 BL No. 6815-2011 Final reading It was moved and seconded That Bylaw No. 6815-2011 be adopted. CARRIED Note: Councillor Masse returned to the meeting at 8:04 p.m. 1004 Maple Ridge Building Amending Bylaw No. 6950-2012 To update the fee schedules in the existing bylaw Final reading Council Minutes November 13, 2012 Page 7 of 15 R/2012-497 BL No. 6950-2012 Final reading It was moved and seconded That Bylaw No. 6950-2012 be adopted. CARRIED Councillor Morden - OPPOSED COMMITTEE REPORTS AND RECOMMENDATIONS 1100 COMMITTEE OF THE WHOLE Minutes – November 5, 2012 R/2012-498 Minutes COW It was moved and seconded That the minutes of the Committee of the Whole Meeting of November 5, 2012 be received. CARRIED Public Works and Development Services 1101 RZ/108/10, 11718 224 Street and 11731 Fraser Street, Status Report for Rezoning Application at Northumberland Court Staff report dated November 5, 2012 providing an update on the status of the rezoning application process for Northumberland Court and recommending that the report be received for information. R/2012-499 RZ/108/10 Receive for It was moved and seconded Information That the staff report dated November 5, 2012 titled “Status Report for Rezoning Application at Northumberland Court at 11718 224 Street and 11731 Fraser Street” be received as information. CARRIED Council Minutes November 13, 2012 Page 8 of 15 1102 RZ/063/10, 11655 Burnett Street, One Year Extension Staff report dated November 5, 2012 recommending that rezoning application RZ/063/10 to allow construction of a four-storey apartment building with 21 units be granted a one year extension. R/2012-500 RZ/063/10 One Year It was moved and seconded Extension That a one year extension be granted for rezoning application RZ/063/10 and that the following conditions be addressed prior to consideration of Final Reading: i. Approval from the Ministry of Transportation; ii. Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of security as outlined in the Agreement; iii. Amendment to Schedule “C” of the Official Community Plan; iv. Registration of a Geotechnical Report as a Restrictive Covenant which addresses the suitability of the site for the proposed development; v. Road dedication as required; vi. Removal of the existing buildings; vii. Park dedication as required; viii. Registration of a Habitat Protection Restrictive Covenant for environmentally sensitive areas that will be outside the areas dedicated as park; ix. Registration of a Restrictive Covenant protecting the Visitor Parking. CARRIED 1103 2012-103-DVP, 10550 248 Street Staff report dated November 5, 2012 recommending that the Corporate Officer be authorized to sign and seal 2012-103-DVP to vary the maximum height of some retaining walls proposed on site. R/2012-501 2012-103-DVP Sign and seal It was moved and seconded That the Corporate Officer be authorized to sign and seal 2012-103-DVP respecting property located at 10550 248 Street. CARRIED Council Minutes November 13, 2012 Page 9 of 15 1104 2012-087-SP, 25788 98 Avenue Staff report dated November 5, 2012 recommending that Application 2012-087-SP for a Soil Deposit Permit under the Agricultural Land Commission Act for property located at 25788 98 Avenue be forwarded to the Agricultural Land Commission. R/2012-502 2012-087-SP Forward to ALC It was moved and seconded That the application for a Soil Deposit Permit under Section 20(3) of the Agricultural Land Commission Act for the property at 25788 98 Avenue be forwarded to the Agricultural Land Commission . CARRIED Financial and Corporate Services (including Fire and Police) 1131 Adjustments to the 2012 Collector’s Roll Staff report dated November 5, 2012 submitting information on changes to the 2012 Collector’s Roll through the issuance of Supplementary Rolls 06 and 07. For information only No motion required 1132 Adjustments to the 2012 Collector’s Roll Staff report dated November 5, 2012 submitting information on changes to the 2012 Collector’s Roll through the issuance of Supplementary Roll 08. For information only No resolution required Council Minutes November 13, 2012 Page 10 of 15 Community Development and Recreation Service 1151 Maple Ridge Library 2013 Projected Budget Staff report dated November 5, 2012 providing information on the Fraser Valley Regional Library proposed budget for 2013 for the Maple Ridge Library. For information only No resolution required Correspondence – Nil Other Committee Issues – Nil 1200 STAFF REPORTS 1201 Pitt Meadows Airport Society Bylaw Amendments Staff report dated November 13, 2012 recommending that the resolution passed July 24, 2012 to effect changes to the Pitt Meadows Airport Society bylaw be rescinded and an amended resolution be considered. The Manager of Legislative Services reviewed the report. R/2012-503 Airport Society Bylaw amendments It was moved and seconded The Council of the District of Maple Ridge, in open meeting assembled, hereby resolves as follows: 1. That resolution R/2012-369 passed at the Council meeting of July 24, 2012 be rescinded. 2. That the District consents to the bylaws of the Pitt Meadows Airport Society being amended in respect of the number, appointment and term of directors by deleting sections 5.3, 5.7, 6.3 and 6.5 and replacing them with the following sections 5.3, 5.7, 6.3 and 6.5. 5.3 The number of directors of the society shall be nine (9). 5.7 The directors of the society and their terms of office shall be as follows: Council Minutes November 13, 2012 Page 11 of 15 (a) as non-voting directors of the society with the right to participate in meetings of the directors, for an unlimited term: i. the person holding the office of the Mayor of the City of Pitt Meadows from time to time, or his or her designate, which designate may be another member of Council, the Chief Administrative Officer or the Deputy or Acting Chief Administrative Officer; and ii. the person holding the office of the Mayor of the District of Maple Ridge from time to time, or his or her designate, which designate may be another member of Council, the Chief Administrative Officer or the Deputy or Acting Chief Administrative Officer ; (b) as voting directors of the society, with the right to participate in and vote at meetings of the directors: i. Ron Salome for a term to expire at the annual general meeting in 2011; ii. Michael Pierce for a term to expire at the annual general meeting in 2012; iii. Mark Miller for a term to expire at the annual general meeting in 2012; iv. Geoffrey Johnston for a term to expire at the annual general meeting in 2013; v. Ann McAfee for a term to expire at the annual general meeting in 2013; vi. Murray Day for a term to expire at the annual general meeting in 2014; and vii. one additional director appointed under section 5.8 for a term to expire at the annual general meeting in 2014. At the conclusion of their term of office, a director appointed under section 5.7 (b) may be appointed by the members for one further three (3) year term to expire at the applicable annual general meeting with the exception of Michael Pierce who may be appointed for two further three (3) year terms to expire at the applicable annual general meeting. Council Minutes November 13, 2012 Page 12 of 15 5.9 Directors appointed under section 5.8 shall hold office for a three (3) year term commencing on the date of the applicable annual general meeting and may be appointed by the members for one further three (3) year term, to expire at the applicable annual general meeting. No director appointed under sections 5.7(b), with the exception of Michael Pierce, or 5.8 may hold office for more than two (2) consecutive terms. 6.3 The quorum for a meeting of directors shall be five (5) voting directors. 6.5 Any two directors, including both voting and non-voting directors, may convene a meeting of the directors at any time. 3. That the Corporate Officer be authorized to execute, on behalf of the District, all such resolutions and documents of the Pitt Meadows Airport Society that may be necessary to give effect to the above resolution. CARRIED 1300 RELEASE OF ITEMS FROM CLOSED COUNCIL – Nil 1400 MAYOR’S REPORT Mayor Daykin attended the sod turning ceremony for the future community gaming centre and the opening of the Haney Nokai Park. He participated as a presenter to the Phoenix Group, a development, real estate and investment community group and in a tour of the RCMP Depot training facilities in Regina. Mayor Daykin advised that Operation Red Nose was beginning its service for the holiday season in December and encouraged residents to volunteer. 1500 COUNCILLORS’ REPORTS Councillor Ashlie Councillor Ashlie attended the opening of the Haney Nokai Park, the re- opening of the Maple Ridge Seniors’ Home and the sod turning ceremony for the future gaming center. She also attended meetings of the United Way Seniors’ Regional Table Committee and the Substance Misuse Committee as well as a discussion group focusing on the 8 to 12 school curriculum. Council Minutes November 13, 2012 Page 13 of 15 Councillor Dueck Councillor Dueck attended the tour of the RCMP Depot in Regina as well as other community events. Councillor Masse Councillor Masse attended the Remembrance Day ceremonies and participated in a ride along with the RCMP. Councillor Morden Councillor Morden attended openings of the Alouette Heights facility, Haney Nokai Park and the Centre for Growth. He attended the sod turning ceremony for the future gaming centre, the Maple Ridge Seniors’ Village anniversary celebration and a meeting of the Downtown Maple Ridge Business Improvement Association. Councillor Hogarth Councillor Hogarth attended a meeting of the Parks and Leisure Service Joint commission, the opening of the Centre for Growth and the Rotary Men’s Night fundraising event. He encouraged residents to volunteer for Operation Red Nose. Councillor Bell Councillor Bell attended a fundraiser for the CEED Centre, a town hall meeting discussing the proposed pipeline, a discussion hosted by the SPCA pertaining to the cat population. She advised residents that Diwali celebrations will be held at the Maple Ridge Library on November 17. Councillor Bell requested that a discussion pertaining to the length of time to put forward a neighbourhood plan, the number of Municipal planning staff and the consideration of an independent core review be added to the November 26 Council Workshop agenda. Mayor Daykin advised that the topics proposed by Councillor Bell should be discussed at another time. 1600 OTHER MATTERS DEEMED EXPEDIENT – Nil 1700 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETINGS 1701 Notice of Motion Pertaining to Town Centre Properties Notice of motion by Councillor Ashlie to consider the resolution attached to this agenda at the November 27, 2012 Council Meeting Councillor Ashlie spoke to the notice of motion. Council Minutes November 13, 2012 Page 14 of 15 1800 QUESTIONS FROM THE PUBLIC Eric Phillips Mr. Phillips asked whether an area planning committee group consisting of citizens of the Hammond neighbours will be involved in the proposed Hammond area planning. He also asked whether issues that the Hammond area has been dealing with for a number of years will be dealt with during the planning process. Mayor Daykin explained the area planning process and advised that there is considerable public involvement in such a process. Teresa Wheatman Ms. Wheatman spoke to the responsible ownership of pets. She asked that the bylaw pertaining to the ban of serval cats in Maple Ridge be reconsidered and asked if any owners of the cats had pushed the legal limits of responsible pet ownership. Donna Fahrni – Director of Savannah Serval Society Ms. Fahrni spoke to her involvement with serval cats and stated she considers the serval a domestic cat. She asked whether the word ‘domestic’ was looked up in Webster’s dictionary. She advised that people who have servals as pets have cats which have come from many generations of tame parents and that The International Cat Association (“TICA”) recognizes the serval as a foundation cat. Christine Kemp Ms. Kamp asked how the Appendix E of the Animal Control Bylaw will be enforced. She asked that servals and savannahs be allowed under the bylaw. Rick White Mr. White asked whether the discussion of the bylaw could be brought back to Council Workshop. He advised that there are sources other than TICA which list savannahs and servals as domesticated. He referred to a bylaw passed by the City of White Rock. Mr. White asked how the onus can be on owners to prove their servals are domestic and how the group could speak at a Council meeting as a delegation. Mayor Daykin advised that persons wishing to appear as a delegation can apply to do so for the next Council meeting or the next Committee of the Whole Meeting Mr. White provided a petition to the Manager of Legislative Services. Council Minutes November 13, 2012 Page 15 of 15 Doris Savio Ms. Savio wished to make members of Council aware of a proposed 40 m cell tower at 23570 124 Avenue. She wondered if the proposed cell tower policy will be implemented in time to have an affect on this tower. Ron Stolt Mr. Stolt presented a serval cat named “Duma” to Council and provided a background of the origins of the cat. 1900 ADJOURNMENT - 9:12 p.m. _______________________________ E. Daykin, Mayor Certified Correct ___________________________________ C. Marlo, Corporate Officer District of Maple Ridge PUBLIC HEARING November 20, 2012 The Minutes of the Public Hearing held in the Council Chamber of the Municipal Hall, 11995 Haney Place, Maple Ridge, British Columbia on November 20, 2012 at 7:00 p.m. ____________________________________________________________________________ PRESENT Elected Officials Appointed Staff Mayor E. Daykin J. Rule, Chief Administrative Officer Councillor C. Ashlie C. Marlo, Manager of Legislative Services Councillor C. Bell C. Carter, Director of Planning Councillor J. Dueck C. Goddard, Manager of Development and Environmental Councillor M. Morden Services A. Gaunt, Confidential Secretary ABSENT A. Kopystynski, Planner Councillor A. Hogarth Councillor B. Masse ______________________________________________________________________________ Mayor Daykin called the meeting to order. The Manager of Legislative Services explained the procedure and rules of order of the Public Hearing and advised that the bylaws will be considered further at the next Council Meeting on November 27, 2012. The Mayor then called upon Planning staff to present the following items on the agenda: 1a) 2011-084-RZ Maple Ridge Official Community Plan Amending Bylaw No. 6875-2011 Legal: Lots C & D, both of District Lot 404, Group 1, New Westminster District, Plan 19825 Location: 11133 and 11185 240 Street Purpose: To amend Schedule “A” of the Official Community Plan as follows: Appendix C. Zoning, Section 2. Zoning Matrix, OCP Designation / Category, RESIDENTIAL DESIGNATIONS, Major Corridor Residential Category is amended by adding the following in the Zones column: RST (Street Townhouse Residential), provided this zone shall only be permitted for that portion of the property described as 11185 240 502 Public Hearing Minutes May 15, 2012 Page 2 of 7 Street (Lot “C”, District Lot 404, Group 1, New Westminster District, Plan 19825). Purpose: To Amend Schedule “B” of the Official Community Plan From: Urban Residential, Conservation To: Conservation and Urban Residential And From: Commercial To: Urban Residential Purpose: To amend Schedule “C” of the Official Community Plan to add to Conservation and to remove from Conservation. 1b) 2011-084-RZ Maple Ridge Zone Amending Bylaw No. 6853-2011 Legal: Lots C & D, both of District Lot 404, Group 1, New Westminster District, Plan 19825 Location: 11133 and 11185 240 Street From: RS-3 (One Family Rural Residential) To: RST (Street Townhouse Residential), R-1 (Residential District), R-2 (Urban Residential District) & C-1 (Neighborhood Commercial) Purpose: To permit subdivision into 24 RST lots, 39 single family lots and 1 commercial lot 1c) 2011-084-RZ Maple Ridge Zone Amending Bylaw No. 6947-2012 Purpose: PART 7, COMMERCIAL ZONES, SECTION 701, NEIGHBOURHOOD COMMERCIAL; C-1 is amended by adding the following in SUBSECTION 1, PERMITTED PRINCIPAL USES, after “d) personal repair services”: Public Hearing Minutes May 15, 2012 Page 3 of 7 e) Apartment is permitted in the following locations: (1) 11185 240 Street (Lot “C”, District Lot 404, Group 1, New Westminster District, Plan 19825) The Manager of Legislative Services advised that e-mail expressing concern with the application was received and was distributed to Council The Planner gave a PowerPoint presentation providing the following information: • Application Information • Subject Map • Neighbourhood Context • OCP Context • Site Characteristics • Proposed Site Plan • Project Details • Submitted Information David Laird, Project Consultant Mr. Laird advised that there will be an agreement put in place between the applicant and a neighbour to the west with respect to the road. John Wynnyk Mr. Wynnyk asked whether there will be additional parking available on the proposed site. He expressed concern with the number of vehicles using Kanaka Way for overflow parking. The Manager of Development and Environmental Services advised that each lot within the development has two parking space which meets the bylaw, however, there is no additional parking designated within the property as there will be parking on the single family home properties. Mr. Wynnyk reiterated his concern pertaining to overflow parking on Kanaka Way and suggested additional parking on the site be considered. There being no further comment, the Mayor declared this item dealt with. 2) 2011-089-RZ Maple Ridge Heritage Designation and Revitalization and Tax Exemption Agreement Bylaw No. 6913-2012 Legal: Lots 9, 10 & 11, District Lot 398, Block 5, Group 1, New Westminster District, Plan 155 Public Hearing Minutes May 15, 2012 Page 4 of 7 Location: 22309, 22319 and 22331 St. Anne Avenue Purpose: To designate the property as a heritage property under Section 967 of the Local Government Act and to enter into a Heritage Revitalization Agreement under Section 966 of the Local Government Act and to grant a Tax Exemption under Section 225 of the Community Charter that will include Conservation of the Turnook/Morse Residence and the construction of an apartment building. The Manager of Legislative Services advised that correspondence expressing concern with parking, heritage status of the old house and the fencing was received from Don Anderson. The Planner gave a PowerPoint presentation providing the following information: • Application Information • Subject Map • Neighbourhood Context • OCP Context • Site Characteristics • Site Plan • Project Details • Submitted Information Wayne Bissky - Applicant Representative Mr. Bissky advised that the concerns put forward by Mr. Anderson have been addressed by the applicant. There being no further comment, the Mayor declared this item dealt with. 3) RZ/033/08 Maple Ridge Zone Amending Bylaw No. 6621-2008 Legal: Lot A, Section 3, Township 12, New Westminster District, Plan 13554 Location: 10366 240 Street From: RS-2 (One Family Suburban Residential) To: R-3 (Special Amenity Residential District) Purpose: To permit future subdivision into 13 single family residential lots. Public Hearing Minutes May 15, 2012 Page 5 of 7 The Manager of Legislative Services advised that no correspondence was received on Items 3 and 4 The Planner gave a PowerPoint presentation providing the following information: • Application Information • Subject Map • Neighbourhood Context • OCP Context • Site Characteristics • Submitted Information • Project Details There being no comment, the Mayor declared this item dealt with. 4) 2012-017-RZ Maple Ridge Zone Amending Bylaw No. 6909-2012 Legal: North ½ Lot 5 Except: Part Dedicated Road on Plan LMP2414, Section 17, Township 12, New Westminster District, Plan 8881; and Parcel “A” (Explanatory Plan 51052), Lots 107 and 108, Section 17, Township 12, New Westminster District, Plan 42061. Location: 11736 and 11750 Burnett Street From: RS-1 (One Family Urban Residential) To: R-1 (Residential District) Purpose: To permit future subdivision into 5 single family lots. The Manager of Development and Environmental Services gave a PowerPoint presentation providing the following information: • Application Information • Neighbourhood Context • OCP Context • Site Characteristics • Submitted Information • Project Details Public Hearing Minutes May 15, 2012 Page 6 of 7 Allen Lees Mr. Lees is opposed to the application. He expressed concern with the smaller size of the lots and the loss of existing trees upon development of the property. He also expressed concern with the large number of mature trees and shrubs which are being lost due to development in the area. Jessie Joy Lees Miss Lees gave a presentation which highlighted the function of trees in the environment and spoke to the importance of maintaining existing mature trees. Allen Lees Mr. Lees expressed concern that the proposed development is out of character with the neighbourhood. He did not feel that the argument for creating smaller lots as buffers to the town centre and higher density has merit and suggested that a single family format on large lots be adhered to. Richard Burleigh Mr. Burleigh spoke in favour of the application. He advised that the developer plans to replace trees and scrubs. Mr. Burleigh expressed concern that a few of the houses along Burnett have become run down and felt that the proposed new development will revitalize the neighbourhood. Dianna Gilbreath Ms. Gilbreath is in favour of the application. She expressed that she would like to see improvement in the quality of homes on the street and that the proposed application will revitalize the area. David Conner Mr. Conner echoed the comments of the previous two speakers in that many houses on Burnett Street need to be fixed up and that this proposal will liven up the street. Allen Lees Mr. Lees expressed concern with the variance on the proposed lots to make them smaller than allowed in the zoning. He also expressed concern that the property currently proposed as open area will not always be such. Mr. Lees felt that should houses need remodeling or refitting along Burnett Street this can be done in keeping with the context of the neighbourhood. He again expressed opposition to the application due to concerns that the proposed development does not fit with the neighbourhood, sets a precedence for further development, eliminates a sound barrier, affects air quality due to heavier traffic and threatens wildlife. He suggested that perhaps Maple Ridge follow the example of some other cities where developers are required to build around trees. Public Hearing Minutes May 15, 2012 Page 7 of 7 Maggie Koka, Applicant Representative Ms. Koka addressed concerns over the variance. She advised that all proposed lots do meet the minimum area of the zoning bylaw and that the variance is required due to the configuration of the subject site. She also advised that the land to be preserved at the back of the property is to facilitate a future alignment of 229 Street. There being no further comment, the Mayor declared this item dealt with. Having given all those persons whose interests were deemed affected by the matters contained herein a chance to be heard, the Mayor terminated the Public Hearing at 7:55 p.m. ____________________________ E. Daykin, Mayor Certified Correct ______________________________ C. Marlo, Corporate Officer TOWN CENTRE PROPERTIES Recommendation: That staff be requested to review all available strategies at council’s disposal, or design progressive strategies that would enable the district to encourage timely and appropriate development within the Town Centre Plan and significant area plans, such as Albion Flats. Rationale: The district has seen positive outcomes from the Town Centre Incentive Plan and this system of rewarding development activity has been noted as very progressive. However, with the district gaining recognition for its investment potential, we stand a strong chance of being a target for investment that is used solely to broaden an investment portfolio through real estate holdings, which could potentially continue to tie up key real estate locations. Council has already recognized this potential with the 3 acres that we purchased in the Town Centre, and have initiated work to derive an outcome that guarantees timely development activity that will enhance the Town Centre Plan. The Core, with its small geographic make-up, stands to be significantly impacted for years to come, if the proper development/re-development does not take place accordingly throughout. Council’s consideration of strategies to dissuade inactivity on sites, or misplaced development activities may assist us ensuring the most beneficial usage of available lands is met. 801 1 District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: November 19, 2012 and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: Workshop SUBJECT: Medical Marihuana EXECUTIVE SUMMARY: At the Closed Council meeting on June 4, 2012, Council was advised of the legal options for the District as they pertained to medical marihuana. Released from closed, Council directed staff to work with legal counsel to draft the appropriate bylaw amendments (ie. the Zoning Bylaw) with respect to growing medical marihuana in the District. Medical Marihuana is a controlled substance. Available through prescription, its production is controlled by licence through Health Canada. As it is federally regulated under the Marihuana Medical Access Regulations, local governments have limited power to restrict this land use within municipal boundaries. However, local governments do have the power to direct these uses into specific zones, based on proper planning purposes. Staff have worked with legal counsel in reviewing the appropriate bylaw amendments as well as researching related work in other municipalities. The purpose of this report is to outline a recommended land use option for directing the commercial production of medical marihuana as authorized under the Marihuana Medical Access Regulations to take place in agricultural zones only. RECOMMENDATION: That staff be directed to work with legal counsel to prepare Zoning and other bylaw amendments as needed to establish the production of medical marihuana (as authorized under the Marihuana Medical Access Regulations) as a permitted use in agricultural zones only, in suitably designed and serviced structures, subject to siting and setback restrictions. DISCUSSION: a) Background Context: Medical marihuana has a relatively short history in Canada. Its current status has been defined by legal precedents and challenges. In 1997, through a legal challenge, its use became accepted as necessary for medical treatment, and access was recognized as a basic right for those with legitimate need. At this time there were no guidelines on access — it remained illegal to distribute. In 2001, the Marihuana Medical Access Regulations were adopted by the Federal Government. Based on the understanding that it eased the symptoms of terminal illness or chronic conditions, these regulations allowed access to those afflicted. A further ruling in 2003 led to the provision of dried product or seeds to those authorized to obtain them. That plan remains largely intact to this day. In order to receive these products, applicants must make a written request to Health Canada, with support from a medical practitioner. As of December 2011, there were 3600 people within British Columbia who are authorized to possess medical marihuana. About 1200 people are 802 2 licensed to grow the product. Many of those licensed to possess medical marihuana also grow it within their homes. Issues and Concerns: In practice, allowing this use in residential areas is associated with numerous issues, including health and safety concerns and the potential for diversion of legal product to the illegal market. These issues are exacerbated by the often amateur nature of the grower, the clandestine nature of the operation, its vulnerability to theft, and the poor communication channels between growers, building officials, and law enforcement officers. The Maple Ridge Fire Department note that these operations often pose major fire, electrical and life safety code violations, and have experienced many resulting fires. Specific concerns noted by the fire chief are as follows:  From a fire department perspective, marijuana grow operations that are not conducted in a “purpose built” building are an extreme hazard to first responders. The electrical wiring found in grow operations is most often installed without benefit of permit and it does not adhere to electrical safety code standards.  The structural integrity of residential buildings are often modified to accommodate venting and mechanical equipment used for cooling the grow operation. These changes can allow the rapid spread of fire and can cause areas of entrapment for fire fighters inside the structure.  Marijuana grow operatiosn often use propane powered CO 2 generators inside the building to assist in the growing cycle of the plants. The practice of using propane cylinders inside a structure is prohibited by the Gas Safety Code and an extremely dangerous practice.  The other negative aspect of growing marijuana in a residential building is the accumulation of moisture and the resulting mould and mildew that follows. Concerns expressed to the District by the Officer in Charge, Ridge-Meadows RCMP Detachment include: Home Invasions:  Typical to grow operations regardless of whether the resident is licensed to grow;  Often the victims are indeed innocent as the grow had existed prior to the victims moving into the residence;  Danger to residents of the neighbourhood as there are often mistakes made by the suspects in regard to a wrong house or wrong address;  Criminals are indiscriminate, not concerned about who may be harmed, kids, elderly, or others;  Danger to Emergency Services personnel (Police, Fire, B.C. Ambulance Service)  Likely an increase of reported grow rips, which burdens police and prevents them from investigating other offences; Organized Crime:  Increased presence in regard to grow operations as those with a legal certificate to grow are being approached, and some agree, to grow in excess of their legal allotment on behalf of Organized Crime groups; Safety Hazards:  As none of the Medicinal Grows are being inspected, there is likely to be an increase of electrical fires which can cause increased property damage and in the case of 3 warehouse grows, those businesses sharing a common wall may lose their livelihood;  There is nothing in the regulations regarding children as legal growers still have to use the required chemicals and the children are exposed to the dangers of fire and violent home invasions; Insufficient accountability:  The local police are not provided information of how many legal grows are within the boundaries of Maple Ridge and Pitt Meadows. This lack of information creates inefficiencies for the police during investigations and reacting to public safety concerns;  Health Canada has very few inspectors which provides no ability to ensure regulations are being adhered to;  Homeowners are not accountable criminally in the event the marihuana is grown by renters;  Those with certificates to grow have no requirement to account their yield, which could literally be thousands of plants or hundreds of pounds over their allotment;  Police are only allowed to seize the amount over what is being grown by the certificate holder and the grower is allowed to keep their allotment which results in virtually no penalty for growing contrary to the regulations; Human health and property damage are significant risks under the current system. Improperly done electrical retrofits can greatly increase the risk of fires. Improperly stored fertilizers can lead to explosive chemical reactions. A standard practice of indoor horticulture is to artificially elevate carbon dioxide levels in order to expedite plant growth. With medical marihuana, this objective is often achieved by the use of industrial grade propane powered burners. The propane burners inadvertently produce huge quantities of ultrafine combustion particles, water vapor and carbon monoxide. Normal residential ventilation is incapable of handling these contaminants. As a result, carbon monoxide is commonly a high risk in non professional grow operations which is a undetectable but serious health risk1. Odors from these operations are also a nuisance to neighbours. In addition, current practices often lead to the generation of large amounts of often improperly handled waste. The Future of the Industry: Changes to Federal Legislation and Technological Advances Licensing changes: Health Canada, the licensing authority for medical marihuana, is revising its program for regulating licensed producers and is introducing additional compliance standards related to public health, best management practices, and accountability. Licensed producers will have to demonstrate compliance with requirements for product quality, personnel, record-keeping, safety and security, disposal and reporting. These regulations are intended to protect the safety of the products and the security of production sites. These changes will likely lead to the phasing out of the existing system of individual growers and licenses. The anticipated date for the introduction of new Federal legislation is 2014. Technological advances: Technological advances in LEDs (Light Emitting Diodes) have greatly increased production efficiencies of indoor agriculture. These lights are designed to emit only the wavelength of light 1 Burning propane or natural gas to produce CO2 for plant assimilation is normally a good practice if the equipment is installed correctly, but if the appliance is not vented correctly, carbon monoxide can be produced. 4 necessary for photosynthesis to take place with sufficient power to meet plant growth needs. Using significantly less power than previous grow light systems, these lights also do not generate significant heat. As a result, they can be placed as close as 30 cm (one foot) from plants without risk of burning them. This advance allows for considerable space efficiencies, as plants which previously occupied only one level can now be stacked in shelving. As a result, a more compact building footprint is possible. What this means: Legislative changes and technological advances will assist in alleviating some of the problems associated with the current situation. Health Canada regulations will increase the potential for improved management practices and better regulation of the industry. Technological advances will favour strategic capital investment to create energy efficient production in secure buildings. However, the challenges that remain include high levels of organic waste produced, elevated carbon dioxide levels in the indoor environment (with potential combustion emissions and adverse health effects), nuisance effects due to odors, and public safety risks. b) Desired Outcome: The challenge for the District of Maple Ridge is to manage the current and future risks associated with the production of medical marihuana authorized by the Marihuana Medical Access Regulations by directing this land use into an appropriate zone in a purpose built structure. The District also must recognize the issue of personal access and supply to medical marihuana as authorized under the Marihuana Medical Access Regulations. Due to odor, indoor air quality impacts, and fire and safety concerns, it is recommended that residential and commercial zones and other population serving areas not be considered for the commercial production of marihuana as authorized under the Marihuana Medical Access Regulations. Industrial zones may be considered suitable, however, the challenges associated with this use include maintaining air quality in multi-tenanted structures. In addition, industrial sites may be less suitable for processing the significant amount of organic waste produced as part of the operation. Agricultural Land Commission staff confirm that the production of medical marihuana as authorized under the Marihuana Medical Access Regulations (which consumes carbon dioxide) is a permitted use in the Agricultural Land Reserve. In addition, composting facilities (which produce carbon dioxide) are recognized as a permitted use. By combining these two processes on - site, there is significant potential for reducing reliance on fossil fuels as part of the production process. As they may be composted on site, wastes will not have to be transported away, and reduced fuel consumption would result. There would also be potential for innovative processes through the use of anaerobic composting to produce fuel as well as carbon dioxide for the production process2. On this basis, the recommendation is to direct the commercial production of medical marihuana as authorized under the Marihuana Medical Access Regulations into agricultural zones, in the Maple Ridge Zoning Bylaw, in purpose built structures with separation requirements from residential uses. It should also be pointed out that future trends in greenhouse production indicate capital intensive investments specifically designed to create a controlled environment conducive to predictable plant growth. With the use of energy efficient LED lighting, unpredictable but formerly essential elements such as weather will not be required with this process. Purpose built structures, if constructed for 2 In 2007, the Ministry of Agriculture participated in a biogas feasibility study. The study concluded that there was extensive potential for energy recapture of agricultural wastes through anaerobic composting. 5 marihuana production, could also be used for other horticultural products. By directing these uses in agricultural areas, a wider range of potential horticultural uses is made possible. The lifecycle of such a structure and the value of this asset could be thereby extended if a license to grow medical marihuana was discontinued3. c) Strategic Alignment Through its Corporate Strategic Plan, the District recognizes it is responsible for many decisions that influence the community's impact on the planet including managing land use, water, and waste. The District, therefore, has significant jurisdiction over making changes that can support sustainability. One of the major contributing factors to achieving sustainability in Maple Ridge is addressing climate change. To address climate change, Maple Ridge is seeking to reduce greenhouse gas emissions both in corporate operations and in the community. These reductions are part of the District’s commitment to becoming carbon neutral and reducing the District’s carbon footprint. The Maple Ridge Official Community Plan contains policies with a similar goal, as follows: 5 - 43 The District of Maple Ridge will use an integrated approach to reduce and mitigate the effects of climate change through the following; g) encouraging low impact development measures where possible. 5 - 45 The District of Maple Ridge has a goal to reduce community greenhouse gas emissions by 33% below 2007 levels by 2020 and 80% by 2050. It is important to recognize that medical marihuana, in its present and current use, has significant environmental impacts associated with it and is a heavy consumer of energy. It is therefore consistent with the District’s strategic direction that the commercial production of medical marihuana as authorized under the Marihuana Medical Access Regulations be directed into areas that are suitable for all stages of its productive cycle, including the management of organic wastes. In this instance, the most suitable location is within an agricultural zone. d) Citizen/Customer Implications: This Zoning Bylaw recommendation is intended to meet the needs of Maple Ridge residents. Those with demonstrated need require a reliable source of medical marihuana. The District has a responsibility to ensure that its structures intended for human habitation are safe for the use intended. By establishing a separation between this use and residential structures, the District will be reducing the risks of secondary impacts of the commercial production of Marihuana Medical Access Regulations on residential users. These impacts include air quality impacts, increased risk of fire, and potential theft and violence. e) Interdepartmental Implications: The adoption of this proposed Zoning Bylaw amendment may trigger a need to amend other Maple Ridge bylaws, such as the Business Licensing and Regulation Bylaw. In advance of a formal Council direction for the commercial production of medical marihuana as authorized under the Marihuana Medical Access Regulations, the Building Department has developed guidelines aimed at protecting residential users from some of the deleterious effects of these operations. The Building Department confirms that as a condition of permit, adequate 3 Current land values would likely make it economically feasible for a wider range of horticultural products to be produced in greenhouse structures on agricultural land as opposed to industrial land. 6 ventilation must be provided in all facilities that produce medical marihuana. These ventilation requirements must meet Workers Compensation Benefit guidelines. Policy Implications: By recognizing the commercial production of medical marihuana as authorized under the Marihuana Medical Access Regulations as an agricultural use, and by this use into agricultural zones, the District is ensuring a consistent direction with its Official Community Plan and its Agricultural Plan. Official Community Plan. Policy 6-9 of the Official Community Plan states the following: Maple Ridge supports the policies and regulations of the Agricultural Land Commission Act and the Farm practices Protection Act in its land uses and will review its bylaws affecting farmland and farm operations for consistency with these provincial acts regulations, and guidelines. As this use is permitted within the Agricultural Land Reserve, and is recognized as a farm use, it is consistent with the direction of the Official Community Plan and with the mandate of the Agricultural Land Commission to allow this use on agricultural land. Agricultural Plan. The Maple Ridge Agricultural Plan notes that there is limited diversity in our agricultural sector. As stated in Goal 8 of the Plan: Pursuing diversity in local agriculture is a way of ensuring that agricultural land use is capable of adaptive response to, and recovery from, challenges to food security, and other amenities valued by society. More diversity creates more ability for successful response and promotes resiliency in agricultural land use. Diversified agricultural activity (equestrian, agro- tourism) will protect the land base through active use, create demand for services and workers, and support the infrastructure also required for food production. While limited, the potential benefits that could arise from directing this use on agricultural land include the increased incentive for private investment in improvements on agricultural properties. The life cycle of a cutting edge compact facility could be extended to other agricultural uses, including food production. There would also be greater potential for other complementary uses on the same site, such as composting. Zoning Bylaw. A recommended approach is to recognize the commercial production of medical marihuana as authorized under the Marihuana Medical Access Regulations this use and establish standards for its siting in the Zoning Bylaw. If this use is to be included in the Zoning Bylaw, the following amendments are proposed: Part 2 Interpretation - Definitions: Medical marihuana may already be an agricultural use but due to the impacts it has in proximity to residential users, it is recommended that it be defined specifically. This is similar to the direction taken with mushroom growing. This amendment also provides an opportunity to establish regulations in the Zoning bylaw specifically for this use and other permitted agricultural uses, such as composting. Part 5 Agricultural Zones: Section 503 of the Zoning Bylaw establishes siting requirements for permitted uses use in agricultural zones. The siting requirements for mushroom growing or the keeping of swine or poultry for domestic purposes may be summarized as follows: 7 503 (2) Buildings and structures for agricultural use or resource use: (d) that involve mushroom growing or the keeping of swine or poultry for domestic purposes, shall be sited not less than: (i) 60 metres from front and exterior side lot lines; (ii) 30 metres from rear and interior side lot lines; (iii) 30 metres from all wells and streams; (iv) 30 metres from all buildings used for one family residential use, accessory employee residential use or temporary residential use. It is recommended that similar siting requirements apply in agricultural zones for the commercial production of medical marihuana as authorized under the Marihuana Medical Access Regulations. Alternatives: Council may also wish to permit in Industrial zones the commercial production of medical marihuana as authorized under the Marihuana Medical Access Regulations. CONCLUSION: Local governments have the power and the responsibility to, based on sound planning rationale, direct suitable locations for the commercial production of medical marihuana as authorized under the Marihuana Medical Access Regulations. For the District of Maple Ridge, the recommendation is to direct this use to take place in agricultural zones. This recommendation aims to meet current and future needs, address current and future challenges, and minimize the social, economic, and environmental impacts that this use can have within the community. It should be noted that prior to bylaw introduction, further legal review will be provided, and the resulting bylaws may be modified from those suggested in this report. "Original signed by Diana Hall" _______________________________________________ Prepared by: Diana Hall Planner II "Original signed by Christine Carter" _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning "Original signed by Frank Quinn" _______________________________________________ Approved by: Frank Quinn, MBA, P. Eng GM: Public Works & Development Services "Original signed by J.L. (Jim) Rule" _______________________________________________ Concurrence: J. L. (Jim) Rule Chief Administrative Officer CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6875-2011 A Bylaw to amend the Official Community Plan No. 6425-2006 _______________________________________ WHEREAS Section 882 of the Local Government Act provides that the Council may revise the Official Community Plan; AND WHEREAS it is deemed desirable to amend Schedules ”A”, "B" & "C" to the Official Community Plan Bylaw No. 6425-2006; 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. 6875-2011. 2. Schedule “A” of the Official Community Plan shall be amended as follows: Appendix C. Zoning, Section 2. Zoning Matrix, OCP Designation / Category, RESIDENTIAL DESIGNATIONS, Major Corridor Residential Category is amended by adding the following in the Zones column: RST (Street Townhouse Residential), provided this zone shall only be permitted for that portion of the property described as 11185 240 Street (Lot “C” District Lot 404 Group 1 New Westminster District Plan 19825). 3. Schedule "B" is hereby amended for that parcel or tract of land and premises known and described as: Lot “C” District Lot 404 Group 1 New Westminster District Plan 19825 Lot “D” District Lot 404 Group 1 New Westminster District Plan 19825 and outlined in heavy black line on Map No 820, a copy of which is attached hereto and forms part of this Bylaw. 4. Schedule “C” is hereby amended for that parcel or tract of land and premises known and described as: Lot “C” District Lot 404 Group 1 New Westminster District Plan 19825 Lot “D” District Lot 404 Group 1 New Westminster District Plan 19825 1001.1 and outlined in heavy black line on Map No 821, a copy of which is attached hereto and forms part of this Bylaw, is hereby amended by adding and removing Conservation. 5. Maple Ridge Official Community Plan Bylaw No.6425-2006 is hereby amended accordingly. READ A FIRST TIME the 9th day of October, A.D. 2012. READ A SECOND TIME the 9th day of October , A.D. 2012 PUBLIC HEARING HELD the 20th day of November, A.D. 2012. READ A THIRD TIME the day of , A.D. 20 . RECONSIDERED AND FINALLY ADOPTED , the day of , A.D.20 . ___________________________________ _____________________________ MAYOR CORPORATE OFFICER 2 3 8 3 6 1104 8 1 1 0 8 7 11052 23 8 3 3 11043 1105 6 11 0 8 1 11037110992 3 8 3 2 238441105 3 238481104 2 1104 5 1 1 0 7 2 11050 11263 11184 23 8 4 5 11039 11032 11 0 6 6 110 5 3 11133 11213 11247 11080 23 8 3 7 11035 1109411062 1104 7 110 6 5 11036 1 1 0 7 6 1 1 0 9 3 11185 11250 2 3 8 2 6 2 3 8 4 0 110 6 0 2392023985110 5 9 11 0 7 1 11 0 7 5 11118/54KANAKA WAYLANE 240 ST.BUCKERFIELD DR.HARRIS DR.8 PARK PARK 24 2 22 6 13 30 17 19 22 20 3 P 17613 NWP5589 21 10 11 29 27 23 47 P 19825 P 26163 20 LMP 24722 12 17 14 16 BCP 50702 44 B 5 B 18 Pcl. 'P' 15 16 28 21 3 P 22347LMP 24722 C N 1/2 of 4 P 17613LMP 264835 9 PARK 19 BCP 5070245 25 BCP 46902 D 6 P 26163 RP 1224 BCP 5070218 26 46 EP 15665 P 19825 S 150' of 1 Rem 1 2 LMP 30218 RP 75056 LMP 41836BCP 50703 112 AVE.240 ST.´ SCALE 1:2,500 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING Bylaw No.Map No. From: To: 6875-2011820Urban Residential, Conservation Conservation Urban Residential From: To: Commercial Urban Residential 1 1 0 8 7 1109911184 11133 11080110941 1 0 9 3 111852392023985 11118/54 PARK 19 20 P 19825 BCP 50702 B 21 C D EP 15665 P 19825 LMP 30218 RP 75056 LMP 41836BCP 50703 112 AVE.240 ST.´ SCALE 1:1,500 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING Bylaw No.Map No. Purpose: 6875-2011821 To Add To Conservation To Remove From Conservation To Remove FromConservation To Add ToConservation CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6853-2011 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. 6853-2011." 2. Those parcels or tracts of land and premises known and described as: Lot “C” District Lot 404 Group 1 New Westminster District Plan 19825 Lot “D” District Lot 404 Group 1 New Westminster District Plan 19825 and outlined in heavy black line on Map No. 1539 a copy of which is attached hereto and forms part of this Bylaw, are hereby rezoned to RST (Street Townhouse Residential), R-1 (Residential District), R-2 (Urban Residential District), C-1 (Neighbourhood Commercial). 3. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the 30th day of August, A.D. 2011. READ a second time the 9th day of October, A.D. 2012. PUBLIC HEARING held the 20th day of November, A.D. 2012. READ a third time the day of , A.D. 20 . RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 20 . _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER 1001.2 2 3 8 3 6 1104 8 1 1 0 8 7 2 3 8 1 6 23 8 2 9 23 8 3 3 11043 1105 6 11 0 8 1 110992 3 8 3 2 238441105 3 238481104 2 1104 5 1 1 0 7 2 11263 11184 23 8 4 5 11039 11 0 6 6 110 5 3 11133 11213 11247 11080 11300 2 3 8 2 0 23 8 3 7 1109411062 1104 7 110 6 5 1 1 0 7 6 1 1 0 9 3 11185 11250 2 3 8 2 6 2 3 8 4 0 110 6 0 2392023985110 5 9 11 0 7 1 11 0 7 5 11118/54KANAKA WAYLANE 240 ST.BUCKERFIELD DR.7 PARK PARK 24 2 22 6 13 17 19 22 20 S 1/2 of S 1/2 B RP 3659 3 P 17613 NWP5589 23 21 10 11 29 27 23 P 19825 P 26163 20 LMP 24722 12 17 14 16 BCP 50702 B 5 B 18 Pcl. 'P' 15 16 28 21 3 P 22347LMP 24722 C P 17613LMP 264835 PARK 19 BCP 5070245 25 BCP 46902 D 6 P 26163 RP 1224 18 26 46 EP 15665 P 19825 S 150' of 1 Rem 1 2 LMP 26486LMP 30218 RP 75056 LMP 41836BCP 50703 112 AVE.240 ST.´ SCALE 1:2,500 MAPLE RIDGE ZONE AMENDING Bylaw No.Map No. From: To: 6853-20111539RS-3 (One Family Rural Residential) RST (Street Townhouse Residential) R-1 (Residential District)C-1 (Neighborhood Commercial) R-2 (Urban Residential District) CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6947-2012 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. 6947-2012." 2. PART 7, COMMERCIAL ZONES, SECTION 701, NEIGHBOURHHOOD COMMERCIAL: C-1 is amended by adding the following in SUBSECTION 1, PERMITTED PRINCIPAL USES, after “d) personal repair services”: e) Apartment is permitted in the following locations: (1) 11185 240 Street (Lot “C” District Lot 404 Group 1 New Westminster District Plan 19825) 3. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended is hereby amended accordingly. READ a first time the 9th day of October, A.D. 2012. READ a second time the 9th day of October, A.D. 2012. PUBLIC HEARING held the 20th day of November, A.D. 2012. READ a third time the day of , A.D. 20 . RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 20 . _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER 1001.3 CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6913-2012 A Bylaw to designate a property as a heritage property under Section 967 of the Local Government Act and to enter into a Heritage Revitalization Agreement under Section 966 of the Local Government Act and to grant a Tax Exemption under Section 225 of the Community Charter ___________________________________________________________ WHEREAS the Municipal Council of the Corporation of the District of Maple Ridge considers that the property located at 22309 St. Anne Avenue, Maple Ridge, B.C. has heritage value and that certain portions of and buildings on the property should be designated as protected under section 967 of the Local Government Act; AND WHEREAS the District of Maple Ridge and Hiu Yang Lee, Liu-Hsiang Hsieh, and Yu-Lun Chiang wish to enter into a Heritage Revitalization Agreement for the property; AND WHEREAS the Municipal Council of the Corporation of the District of Maple Ridge wishes to exercise its discretion under section 225 of the Community Charter to exempt a portion of the property from municipal property taxation subject to the terms of an exemption agreement; AND WHEREAS the District of Maple Ridge has provided notice of a proposed tax exemption bylaw in accordance with section 227 of the Community Charter; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge enacts as follows: Citation 1.1 This Bylaw may be cited as “Maple Ridge Heritage Designation and Revitalization and Tax Exemption Agreement Bylaw 6913-2012”. Interpretation 2.1 In this Bylaw, the terms “heritage value”, “heritage character” and “alter” have the corresponding meanings given to them in the Local Government Act. Heritage Revitalization and Tax Exemption Agreement 3.1 The District of Maple Ridge enters into a Heritage Revitalization and a Tax Exemption Agreement (the “Agreement”) with the registered owners of the properties located at 22309, 22319, and 22331 St. Anne Avenue, Maple Ridge and legally described as: PID: 011-539-178 Lot 9, Block 5, District Lot 398, Group 1, New Westminster District, Plan 155 PID: 011-539-216 Lot 10, Block 5, District Lot 398, Group 1, New Westminster District, Plan 155 1002 PID: 011-539-259 Lot 11, Block 5, District Lot 398, Group 1, New Westminster District, Plan 155 (the “Property”). 3.2 The Mayor and Corporate Officer are authorized on behalf of the District of Maple Ridge Council to sign and seal the Agreement in the form attached as Appendix “1” to this Bylaw. 3.3 Subject to all of the terms and conditions set out in the Agreement, that portion of the Property on which is located the “Existing Heritage Building”, as described in the Agreement, shall be exempt from District property taxation for a term of five (5) years effective from the date on which the Agreement comes into force. Heritage Designation 4.1 Council hereby designates that portion of the Property containing the “Existing Heritage Building”, as described in the Agreement, as protected heritage property for the purposes of section 967 of the Local Government Act of British Columbia. Exemptions 5.1 The following actions may be undertaken in relation to the Existing Heritage Building without first obtaining a heritage alteration permit from the District: (a) non-structural renovations or alterations to the interior of the building or structure that do not affect any protected interior feature or fixture and do not alter the exterior appearance of the building or structure; and (b) non-structural normal repairs and maintenance that do not alter the exterior appearance of a building or structure. 5.2 For the purpose of section 5.1, “normal repairs” means the repair or replacement of elements, components or finishing materials of a building, structure or protected feature or fixture, with elements, components or finishing materials that are equivalent to those being replaced in terms of heritage character, material composition, colour, dimensions and quality. READ A FIRST TIME this 10th day of April, 2012. READ A SECOND TIME this 9th day of October, 2012 PUBLIC HEARING held this 20th day of November, 2012. READ A THIRD TIME this day of , 2012. ADOPTED this day of , 2012. PRESIDING MEMBER CORPORATE OFFICER APPENDIX “1” – HERITAGE REVITALIZATION AND TAX EXEMPTION AGREEMENT THIS AGREEMENT dated for reference the day of , 2012 is BETWEEN: HIU YANG LEE 4668 Irmin Street Burnaby, B.C. V5J 1X9 LIU-HSIANG HSIEH and YU-LUN CHIANG 24781 Kimola Drive Maple Ridge, B.C. V2W 0A6 (together, the “Owners”) AND: THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE 11995 Haney Place Maple Ridge, British Columbia V2X 6A9 (the “District”) WHEREAS: A. Hiu Yang Lee is the registered owner in fee simple of the land and all improvements located at 22309 St. Anne Avenue, Maple Ridge, B.C. and legally described as: PID: 011-539-178 Lot 9 Block 5 District Lot 398 Group 1 New Westminster District Plan 155 (“Lot 9”); B. Liu-Hsiang Hsieh is the registered owner in fee simple of the land and all improvements located at 22319 St. Anne Avenue, Maple Ridge, B.C. and legally described as: PID: 011-539-216 Lot 10 Block 5 District Lot 398 Group 1 New Westminster District Plan 155 (“Lot 10”); C. Yu-Lun Chiang is the registered owner in fee simple of the land and all improvements located at 22331 St. Anne Avenue, Maple Ridge, B.C. and legally described as: PID: 011-539-259 Lot 11 Block 5 District Lot 398 Group 1 New Westminster District Plan 155 (“Lot 11”); D. Together, Lot 9, Lot 10 and Lot 11 comprise the “Lands”; E. There is one principal building currently situated on Lot 9, as shown labeled on the sketch map attached as Schedule “A” to this Agreement (the “Existing Heritage Building”), and the District and the Owners agree that the Existing Heritage Building has heritage merit and should be conserved; F. The Owners intend to consolidate the Lands to create a single parcel, generally in accordance with the proposed development site plan attached as Schedule “B” (the “Proposed Site Plan”); H. The Owners intend to apply to the District for approval to construct a four-storey apartment building on the Lands, behind the Existing Heritage Building, as shown on the Proposed Site Plan; I. Section 966 of the Local Government Act authorizes a local government to enter into a Heritage Revitalization Agreement with the owner of heritage property, and to allow variations of, and supplements to, the provisions of a bylaw or a permit issued under Part 26 or Part 27 of the Local Government Act; J. Section 225 of the Community Charter authorizes a local government to enter into an agreement with the owner of eligible heritage property that is to be exempt from municipal taxation, respecting the extent of the exemption and the conditions on which it is made; K. The Owners and the District have agreed to enter into this Heritage Revitalization and Tax Exemption Agreement setting out the terms and conditions by which the heritage value of the Existing Heritage Building is to be preserved and protected, in return for specified supplements and variances to District bylaws and the exemption of the Existing Heritage Building from District property taxation for a specified term; THIS AGREEMENT is evidence that in consideration of the sum of ten dollars ($10.00) now paid by each party to the other and for other good and valuable consideration (the receipt of which each party hereby acknowledges) the Owners and the District each covenant with the other as follows: Condition Precedent 1. This Agreement shall be subject to the satisfaction of the following condition precedent on or before the date stipulated: (a) on or before December 15, 2012 a subdivision plan that consolidates the Lands into a single fee-simple parcel has been deposited in the Land Title Office. This condition precedent is for the benefit of both the Owners and the District and it cannot be waived. In this Agreement, the defined term “Lands” shall mean the fee simple parcel into which the Lands are consolidated, unless expressly stated otherwise. The date on which this condition precedent is satisfied is referred to as the “Effective Date”. Conservation of the Existing Heritage Buildings 2. The Owners shall, promptly following the Effective Date, commence and complete the restoration, renovation and conservation of the Existing Heritage Building (the “Work”) in accordance with recommendations set out in the Conservation Plan attached as Schedule “C” to this Agreement (the “Conservation Plan”). 3. Prior to commencement of the Work, the Owners shall obtain from the District all necessary permits and licences, including a heritage alteration permit. 4. The Work shall be done at the Owners’ sole expense in accordance with generally accepted engineering, architectural and heritage conservation practices. If any conflict or ambiguity arises in the interpretation of the Conservation Plan, the parties agree that the conflict or ambiguity shall be resolved in accordance with the Standards and Guidelines for the Conservation of Historic Places in Canada, Second Edition, published by Parks Canada in 2010, or any future update to this edition. 5. The Owners shall, at their sole expense, engage a member of the British Columbia Association of Heritage Professionals, Architectural Institute of British Columbia or the Association of Professional Engineers and Geoscientists of British Columbia (the “Registered Professional”) to oversee the Work and to perform the duties set out in section 6 of this Agreement. 6. The Owners shall cause the Registered Professional to: (a) prior to commencement of the Work, provide to the District an executed and sealed Confirmation of Commitment in the form attached as Schedule “D” to this Agreement; (b) erect on the Lands and keep erected throughout the course of the Work, a sign of sufficient size and visibility to effectively notify contractors and tradespersons entering onto the Lands that the Work involves protected heritage property and is being carried out for heritage conservation purposes; (c) throughout the course of the Work, effectively oversee the work of all contractors and tradespersons and inspect all materials leaving and arriving at the site to ensure that the Work is carried out in accordance with the Conservation Plans; (d) obtain the District’s approval for any changes to the Work, including any amended permits that may be required; (e) upon substantial completion of the Work, provide to the District an executed and sealed Certification of Compliance in the form attached as Schedule “E” to this Agreement; and (f) notify the District within one (1) business day if the Registered Professional’s engagement by the Owners is terminated for any reason. Timing of Restoration 7. The Owners shall commence and complete all actions required for the completion of the Work in accordance with this Agreement within 12 months following the Effective Date. Ongoing Maintenance 8. Following completion of the Work, the Owners shall, in perpetuity, maintain the Existing Heritage Building and the Lands in good repair in accordance with the maintenance standards set out in Maple Ridge Heritage Site Maintenance Standards Bylaw No. 6710- 2009. Damage to or Destruction of Existing Heritage Building 9. If the Existing Heritage Building is damaged, the Owners shall obtain a heritage alteration permit and any other necessary permits and licences and, in a timely manner, shall restore and repair the Existing Heritage Building to the same condition and appearance that existed before the damage occurred. 10. If, in the opinion of the District, the Existing Heritage Building is completely destroyed and the Owners wish to construct a replacement building on the Lands, such replacement building must be constructed in compliance with the District’s Zoning Bylaw, in a style that is acceptable to the District and substantially similar to that of the destroyed Existing Heritage Building, after having obtained a heritage alteration permit and all other necessary permits and licences. 11. The Owners shall use their best efforts to commence and complete any repairs to the Existing Heritage Building, or the construction of any replica or replacement building, with reasonable dispatch. Variations to District’s Zoning and Parking Bylaws 12. District of Maple Ridge Zoning Bylaw No. 3510-1985 (the “Zoning Bylaw”) is varied and supplemented in its application to the Lands and the Existing Heritage Building in the manner and to the extent provided in the table attached as Schedule “F” to this Agreement. 13. District of Maple Ridge Off-Street Parking & Loading Bylaw 4350-1990 (the “Parking Bylaw”), is varied and supplemented in its application to the Lands and the Existing Heritage Building in the manner and to the extent provided in the table attached as Schedule “G” to this Agreement. Heritage Designation 14. The Owners hereby irrevocably agree to the designation of that portion of the Lands containing the Existing Heritage Building as a municipal heritage site in accordance with section 967 of the Local Government Act, and release the District from any obligation to compensate the Owners in any form for any reduction in the market value of the Lands or that portion of the Lands that may result from the designation. Tax Exemption Conditions 15. The District hereby exempts from District property taxation, for five (5) years following the Effective Date, that portion of the Lands on which the Existing Heritage Building is located, as shown on the sketch map attached as Schedule “A”, on the following conditions: (a) all items agreed to within this Agreement must be met; (b) any other fees and charges related to the Lands and the Existing Heritage Building due to the District of Maple Ridge are paid in full; (c) the Owners are not in contravention of any other District of Maple Ridge bylaw. 16. If any condition set out in section 15 above is not met to the satisfaction of the District, acting reasonably, then the Owners must pay to the District the full amount of tax exemptions received, plus interest, immediately upon written demand. Interpretation 17. In this Agreement, “Owners” shall mean the registered owners of the Lands or a subsequent registered owner of the Lands, as the context requires or permits. Conformity with District Bylaws 18. The Owners acknowledge and agree that, except as expressly varied by this Agreement, any development or use of the Lands, including any construction, restoration and repair of the Existing Heritage Building, must comply with all applicable bylaws of the District. Heritage Alteration Permits 19. Following completion of the Work in accordance with this Agreement, the Owners shall not alter the heritage character or the exterior appearance of the Existing Heritage Building, except as permitted by a heritage alteration permit issued by the District. Statutory Authority Retained 20. Nothing in this Agreement shall limit, impair, fetter or derogate from the statutory powers of the District, all of which powers may be exercised by the District from time to time and at any time to the fullest extent that the District is enabled. Indemnity 21. The Owners hereby release, indemnify and save the District, its officers, employees, elected officials, agents and assigns harmless from and against any and all actions, causes of action, losses, damages, costs, claims, debts and demands whatsoever by any person, arising out of or in any way due to the existence or effect of any of the restrictions or requirements in this Agreement, or the breach or non-performance by the Owners of any term or provision of this Agreement, or by reason of any work or action of the Owners in performance of their obligations under this Agreement or by reason of any wrongful act or omission, default, or negligence of the Owners. 22. In no case shall the District be liable or responsible in any way for: (a) any personal injury, death or consequential damage of any nature whatsoever, howsoever caused, that be suffered or sustained by the Owners or by any other person who may be on the Lands; or (b) any loss or damage of any nature whatsoever, howsoever caused to the Lands, or any improvements or personal property thereon belonging to the Owners or to any other person, arising directly or indirectly from compliance with the restrictions and requirements in this Agreement, wrongful or negligent failure or omission to comply with the restrictions and requirements in this Agreement or refusal, omission or failure of the District to enforce or require compliance by the Owners with the restrictions or requirements in this Agreement or with any other term, condition or provision of this Agreement. No Waiver 23. No restrictions, requirements or other provisions of this Agreement shall be deemed to have been waived by the District unless a written waiver signed by an officer of the District has first been obtained, and without limiting the generality of the foregoing, no condoning, excusing or overlooking by the District on previous occasions of any default, nor any previous written waiver, shall be taken to operate as a waiver by the District of any subsequent default or in any way defeat or affect the rights and remedies of the District. Inspection 24. Upon request, the Owners shall advise or cause the Registered Professional to advise the District’s Planning Department of the status of the Work, and, without limiting the District’s power of inspection conferred by statute and in addition to such powers, the District shall be entitled at all reasonable times and from time to time to enter onto the Lands for the purpose of ensuring that the Owners are fully observing and performing all of the restrictions and requirements in this Agreement to be observed and performed by the Owners. Enforcement of Agreement 25. The Owners acknowledge that it is an offence under section 981(1)(c) of the Local Government Act to alter the Lands or the Existing Heritage Building in contravention of this Agreement, punishable by a fine of up to $50,000.00 or imprisonment for a term of up to 2 years, or both. 26. The Owners acknowledge that it is an offence under section 981(1)(b) of the Local Government Act to fail to comply with the requirements and conditions of any heritage alteration permit issued to the Owners pursuant to this Agreement and section 972 of the Local Government Act, punishable in the manner prescribed in the preceding section. 27. The Owners acknowledge that, if the Owners alter the Lands or the Existing Heritage Building in contravention of this Agreement, the District may apply to the B.C. Supreme Court for: (a) an order that the Owners restore the Lands or the Existing Heritage Building to its condition before the contravention; (b) an order that the Owners undertake compensatory conservation work on the Lands or the Existing Heritage Building; (c) an order requiring the Owners to take other measures specified by the Court to ameliorate the effects of the contravention; and (d) an order authorizing the District to perform any and all such work at the expense of the Owners. 28. The Owners acknowledge that, if the District undertakes work to satisfy the terms, requirements or conditions of any heritage alteration permit issued to the Owners pursuant to this Agreement upon the Owners’ failure to do so, the District may add the cost of the work and any incidental expenses to the taxes payable with respect to the Lands, or may recover the cost from any security that the Owners have provided to the District to guarantee the performance of the terms, requirements or conditions of the permit, or both. 29. The Owners acknowledge that the District may file a notice on title to the Lands in the land title office if the terms and conditions of the Agreement have been contravened. 30. The District may notify the Owners in writing of any alleged breach of this Agreement to the Owners shall have the time specified in the notice to remedy the breach. In the event that the Owners fail to remedy the breach within the time specified, the District may enforce this Agreement by: (a) seeking an order for specific performance of this Agreement; (b) any other means specified in this Agreement; or (c) any means specified in the Community Charter or the Local Government Act, and the District’s resort to any remedy for a breach of this Agreement does not limit its right to resort to any other remedy available at law or in equity. Headings 31. The headings in this Agreement are inserted for convenience only and shall not affect the interpretation of this Agreement or any of its provisions. Appendices 32. All schedules to this Agreement are incorporated into and form part of this Agreement. Number and Gender 33. Whenever the singular or masculine or neuter is used in this Agreement, the same shall be construed to mean the plural or feminine or body corporate where the context so requires. Successors Bound 34. All restrictions, rights and liabilities herein imposed upon or given to the respective parties shall extend to and be binding upon their respective heirs, executors, administrators, successors and assigns. Severability 35. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remainder of this Agreement. IN WITNESS WHEREOF the Owners and the District have executed this Agreement on the dates set out below. Signed, Sealed and Delivered by HIU YANG LEE in the presence of: Name Address Occupation ______________________________ Date ) ) ) ) ) ) ) ) ) ) ) ) ) HIU YANG LEE Signed, Sealed and Delivered by LIU-HSIANG HSIEH in the presence of: Name Address Occupation ______________________________ Date ) ) ) ) ) ) ) ) ) ) ) ) ) LIU-HSIANG HSIEH Signed, Sealed and Delivered by YU-LUN CHIANG in the presence of: Name Address Occupation ______________________________ Date ) ) ) ) ) ) ) ) ) ) ) ) ) YU-LIN CHIANG The Corporate Seal of DISTRICT OF MAPLE RIDGE was hereunto affixed in the presence of: Mayor: Corporate Officer: ______________________________ Date ) ) ) ) ) ) ) ) ) ) ) ) C/S SCHEDULE “A” EXISTING HERITAGE BUILDING SCHEDULE “B” PROPOSED SITE PLAN SCHEDULE “C” CONSERVATION PLAN SCHEDULE “D” CONFIRMATION OF COMMITMENT BY REGISTERED PROFESSIONAL This letter must be submitted before issuance of a Heritage Alteration Permit or a building permit. To: THE DISTRICT OF MAPLE RIDGE (the authority having jurisdiction) Re: THE TURNOCK RESIDENCE ___________________________________________________ Address ___________________________________________________ Legal Description The undersigned has retained _____________________________________________ as a coordinating registered professional with experience in heritage conservation to coordinate the design work and field reviews of the registered professionals required1 for this heritage project. The coordinating registered professional shall coordinate the design work and field reviews of the registered professional required for the project in order to ascertain that the design will substantially comply with the Turnock Residence Conservation Plan, the Standards and Guidelines for the Conservation of Historic Places in Canada, the B.C. Building Code, and other applicable enactments respecting safety, not including the construction safety aspects. For this project, field reviews are defined as those reviews of the work: a) at a project site of a development to which a Heritage Alteration Permit relates, and b) at fabrication location where building components are made that will replace deteriorated materials identified as character-defining elements for this project. That a registered professional in his or her professional discretion considers necessary to ascertain whether the work substantially complies in all material respects with the plans and supporting documents prepared by the registered professional and with the Heritage Designation and Revitalization and Tax Exemption Agreement Bylaw No. 6913-2012, for which the Heritage Alteration Permit is issued. The owners and the coordinating registered professional have read the Turnock Residence Conservation Plan and the Standards and Guidelines for the Conservation of Historic Places in Canada. The owners and the coordinating registered professional each acknowledge their responsibility to notify the addressee of this letter of the date the coordinating registered professional ceases to be retained by the owners before the date that the coordinating registered professional ceases to be retained or, if that is not possible, then as soon as possible. The coordinating registered professional acknowledges the responsibility to notify the addressee of this letter of the date a registered professional ceases to be retained before the date the registered professional ceases to be retained or, if that is not possible, then as soon as possible. __________________________________________________________________________________ 1 It is the responsibility of the coordinating registered professional to ascertain which registered professionals are required. The owners and the coordinating registered professional understand that where the coordinating registered professional or a registered professional ceases to be retained at any time during construction, work on the above project will cease until such time as: a) a new coordinating registered professional or registered professional, as the case may be, is retained, and b) a new letter in the form set out in Schedule C in the Heritage Designation and Revitalization and Tax Exemption Agreement Bylaw No. 6913-2012, is completed by the authority having jurisdiction. The undersigned coordinating registered professional certifies that he or she is a registered professional as defined in the British Columbia Building Code, who also has experience with heritage conservation projects and agrees to coordinate the design work and field reviews of the registered professionals required for the project as outlined in the attached plans and specifications. Coordinating Registered Professional Owner _____________________________________ _________________________________________ Name (Please Print) Name (Please Print) _____________________________________ _________________________________________ Address Address _____________________________________ _________________________________________ _____________________________________ _________________________________________ Phone Name of Agent or Signing Office (if applicable) _________________________________________ Date _________________________________________ Owner’s or Owners appointed agent’s signature (if owner is a corporation the signature of a signing officer must be given here. If the signature is that of the agent, a copy of the document that appoints the agent must be attached.) (Professional’s Seal and Signature) _________________________________ Date (if the coordinating registered professional is a member of a firm, please complete the following) I am a member of the firm _________________________________________ and I sign this letter on behalf of the firm. SCHEDULE “E” CERTIFICATION OF COMPLIANCE This letter must be submitted after substantial completion of the project but prior to final inspection by the authority having jurisdiction. TO: THE DISTRICT OF MAPLE RIDGE (the authority having jurisdiction) RE: _____________________________________________ Discipline (e.g. Architectural, Engineering etc.) (Print) _____________________________________________ Name of Project (Print) _____________________________________________ Address of Project (Print) _____________________________________________ Legal Description of Project (Print) (Each registered professional shall complete the following: ____________________________________________ Name (Print) ____________________________ ____________________________________________ Date Address (Print) _____________________________________________ _____________________________________________ Phone I hereby give assurance that: a) I have fulfilled my obligations for field review as outlined in Section 6 of the Heritage Designation and Revitalization and Tax Exemption Agreement Bylaw No. 6913-2012 and the attached Schedule D, Confirmation of Commitment by Owners. b) I am a registered professional as defined in the British Columbia Building Code. (if the registered professional is a member of a firm, complete the following:) I am a member of the firm _______________________________________ and I sign this letter on behalf of the firm. Professional’s Seal and Signature SCHEDULE “F” ZONING BYLAW NO. 3510-1985 VARIANCES AND SUPPLEMENTS PERMITTED THROUGH HERITAGE DESIGNATION AND REVITALIZATION AGREEMENT BYLAW NO. 6913-2012 The variances identified in this Schedule “F” to the Heritage Designation and Revitalization Agreement Bylaw No. 6913-2012 apply to an only to those lands within the District of Maple ridge described below and any and all buildings, structure, and other development thereon: The RM-2 (Medium Density Apartment Residential District) zone regulations shall apply to the Lands identified in the Agreement to which this Schedule is attached, with the following permitted exceptions:  Part 6 Residential Zones, 604:  5) DENSITY 1. The maximum floor space ratio shall be 1.817 except that the following shall not be included as floor area for the purpose of computing the floor space ratio: a) Any portion of a basement or cellar or other common area containing heating, laundry, recreational or storage facilities; b) Amenity areas, swimming pools and open sundecks; c) Any portion of a storey used for mechanical or electrical service room; d) Balconies; e) Common stairwells and common corridors.  6) SITING, shall be amended as follows:  The minimum setbacks from property line, shall be:  3.3m front yard;  4.3m rear yard;  3.0m exterior side yard;  4.1m interior side yard.  8) OTHER REGULATIONS shall be amended to permit assigned parking stalls for the use of residents residing within the heritage house units within the surface parking lot. SCHEDULE “G” OFF-STREET PARKING BYLAW NO. 4350-1990 VARIANCES AND SUPPLEMENTS PERMITTED THROUGH HERITAGE DESIGNATION AND REVITALIZATION AGREEMENT BYLAW NO. 6913-2012 The variances identified in this Schedule “G” to the Heritage Designation and Revitalization Agreement Bylaw No. 6913-2012 apply to an only to those lands within the District of Maple ridge described below and any and all buildings, structure, and other development thereon: The driveway aisle that provides access from laneway into and out of the underground parking is required to be a minimum of 6.0m in width. The minimum number of parking stalls required for the Lands identified in the Agreement to which this Schedule is attached will be 72. At least four of the 72 parking stalls will be retained for the use of visitors. A maximum of 6 stalls are permitted to be designed for small cars (see Off-Street Parking Bylaw Part IV, Off-Street Parking Design, 4.1(a)(i)(b)). 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 . APPROVED by the Minister of Transportation this day of , A.D. 20 . RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 20 . _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6621-2008 A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 - 1985 as amended. ___________________________________________________________ WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6621-2008." 2. That parcel or tract of land and premises known and described as: Lot “A”, Section 3, Township 12, New Westminster District Plan 13554 and outlined in heavy black line on Map No. 1443 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to R-3 (Special Amenity 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 23rd day of November, A.D. 2010. PUBLIC HEARING held the 19th day of April, A.D. 2011. READ a second time the 22nd day of March, A.D. 2011. READ a third time the 26th day of April, A.D. 2011. SECOND AND THIRD READING WERE RECINDED the 23rd day of October, A.D. 2012. RE-READ a second time the 23rd day of October, A.D. 2012. PUBLIC HEARING held the 20th day of November, A.D. 2012. RE-READ a third time the day of , A.D. 20 . RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 20 . _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER 1003 10410 10389 10340 10319 1033724028 24117241202412924156103 2 0 10309 10270 10316 10332 10346 10420 2402210307 2411210428 10380 10406 10328 10358 10386 10313 10349 2406110267 2410324108241072411310370 2396010294 10456 2402710336 2410624108240932411424116241282414410322 2410224104241182412224147103 5 0 10416 2398624110241232412524140241372414110366 10325 10343 2408624109241112412110422 10436 10390 10337 10310 10352 10331 10355 24060241012410524124241322413624133102 B AVE. 103 AVE.240 ST.240 A ST.104 AVE. Rem. Pcl. A 6 8 9 B P 10921 Rem D 43 22 42 37 33 41 2 373 4 2 5 A P 21769 11 12 NWP7139 P 14750 24 27 37 BCP 10009 371 A 28 13 17 P 11176 9 21 LMP 51757 39 38 35 33 43BCP 3139 375 BCP 10009370 P 60014 Rem 1 15 18 PARK B 7 PARK 4 34 BCP 3139 32 P 22743 2 A 6 P 13554 PARK 8 BCP 36407 P 10921 35 4 P 10921 42 3 1 4 P 37992 P 13554 41 40 25 LMP 48057 19 30 PARKBCP 46162376 4 PARK 1 7 P 8149 16 Rem 7 36P 9393 29 31 45 P 20434 3 1 374 LMP 3 5 0 3 0 5 BCP 45800 BCP 8155 BCP 45801 A 3 BCP 3640710 14 P 14750 23 26 28 36 36 34 44 K BCP 1010BCP 10010BCP 36408BCP 36409LMP 39369BCP 1 0 0 1 1 16.5240 ST.104 AVE.SLATFORD PL.´ SCALE 1:2,500 MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From: To: RS-2 (One Family Suburban Residential) R-3 (Special Amenity Residential District) 6621-20081443 CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6909-2012 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. 6909-2012." 2. Those parcels or tracts of land and premises known and described as: Parcel “A” (Explanatory Plan 51052) Lots 107 and 108 Section 17 Township 12 New Westminster District Plan 42061 North Half Lot 5 Except: Part Dedicated Road on Plan LMP2414, Section 17 Township 12 New Westminster District Plan 8881 and outlined in heavy black line on Map No. 1562 a copy of which is attached hereto and forms part of this Bylaw, are 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 10th day of April, A.D. 2012. READ a second time the 23rd day of October, A.D. 2012. PUBLIC HEARING held the 20th day of November, A.D. 2012. READ a third time the day of , A.D. 20 . RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 20 . _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER 1004 228052285611716 11765 11675 2293022940229702299311681 228582285511781 11797 11667 229042290511798 11810 1168022910 11761 2296122962229842299 0 11690 11836 2290011779 11791 11845 11848 11771 2295011780 11830 229752279911695 2283811749 11678 11750 11780 11747 11837 2292911788 11838 229362294211811 2295011790 229832297511661 11761 11775 11790 11816 11809 11826 2292011791 22951229532296311810 2298411669 11736 11824 11671 2292711778 229372293911831 11841 11760 11800 229602297611820 1164 8 - 5 4 11821 11764 11844 11817 11663 229282293511801 11821 2297111770 2299422780/90116 7 022824 11808 11825 11739 11768 11818 11686 2294511781 2294522979228 ST.229 ST.LO U G H E E D H W Y . GILLEY AVE. 117 AVE.229 ST.CLIFF AVE.GILLEY AVE.BURNETT ST.RW 805288 1 P 22876P 51052 Rem. 238 P 40889P 70383 89 4 128 120 135 202 196 *PP089 P 87494P 8312"A" 11 P 12588 P 41319 1 53 105 Rem. A 242 P 71517 2 174 131 197P 49581LMP 34065 (LEASE) LMP 25642 (LEASE)LMS 2390B P 8871 P 6 1 5 2 0 Rem 106 P 59452 104 2 83 87 P 43788A 39 3 1 129 P 43788P 495811 LP 82566 S 1/2 5 2 60' 56 1 2 A 175 137 41 4 Rem. 5 LMP 7787LOT 2 1 P 72307 2 AP 81957 S 1/2 1 55 228 67 172 84 88 90 P 59400123 246 2P 59097 199 LP 76566 214 P 58813 Rem 1 P 12588 N 1/2 5 1 1 E Rem 54 P 57530P 8881P 8881 85 173 245 125 122 121 P 45355 130 132 P 12197N 1/2 1 LMP 11048 P 42061 103 P 41319 239 227 68 108 2 82 81 80 79 86 B 133 6 198 195 P 13497 LOT 1RP 8464P 12197 A Rem. A 1 171 243 244 P 65141 3P 4074991 127 126 124 P 25677LMP 340661 176 40 P 59097P 43788134 136 201 200 194 E P 4 5 3 5 7 RW 48257 LMP 2619 BCP 35669 LMP 49848 RW 73 4 2 4 LMP 2415EP 45356 LMP 7 7 8 9 EP 82 5 6 7 RW N'ly 20 Feet LMP 49849RW 79939LMP 7 7 8 8EP 42071RW 87 4 9 5 LMP 49850 LMP 2414BURNETT ST.´ SCALE 1:2,000 MAPLE RIDGE ZONE AMENDING Bylaw No. 6909-2012Map No. 1562From: RS-1 (One Family Urban Residential) To: R-1 (Residential District) District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: November 27, 2012 and Members of Council FILE NO: 2011-055-RZ FROM: Chief Administrative Officer MEETING: COUNCIL SUBJECT: Final Reading: Official Community Plan Amending Bylaw No. 6832-2011 Zone Amending Bylaw No. 6833-2011 11461 and 11475 236 Street EXECUTIVE SUMMARY: Bylaws 6832-2011 and 6833-2011 have been considered by Council and at Public Hearing and subsequently were granted Third Reading. The applicant has requested that Final Reading be granted. The purpose of the rezoning to RM-1 (Townhouse Residential) is to permit the construction of a townhouse development of 53 units. RECOMMENDATION: That Official Community Plan Amending Bylaw No. 6832-2011 be adopted; and That Zone Amending Bylaw No. 6833-2011 be adopted. DISCUSSION: a) Background Context: Council considered this rezoning application at a Public Hearing held on July 17, 2012. On July 24, 2012 Council granted Third Reading to Maple Ridge Official Community Plan Amending Bylaw No. 6832-2011 and Maple Ridge Zone Amending Bylaw No. 6833-2011 with the stipulation that the following conditions be addressed: i. Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of a security as outlined in the Agreement; ii. Amendment to Schedules “B” and “C” of the Official Community Plan; iii. Registration of a Geotechnical Report as a Restrictive Covenant which addresses the suitability of the site for the proposed development; iv. Road dedication as required; v. Park dedication as required; vi. Consolidation of the development site; vii. Removal of the existing buildings; viii. A disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks. If there is evidence, a site 1005 - 2 - profile pursuant to the Waste Management Act must be provided in accordance with the regulations. ix. Registration of a Restrictive Covenant protecting the Visitor Parking. The following applies to the above: 1. A Rezoning Servicing Agreement has been registered as a Restrictive Covenant and the required security has been provided. 2. Schedules "B" and “C” of the Official Community Plan will be amended with Final Approval of this application. 3. The Geotechnical Report has been registered as a Restrictive Covenant. 4. Road dedication has been provided on 236 Street. 5. Park dedication has been provided at the rear of the property. 6. Consolidation of the development site has been provided. 7. The Applicant has provided confirmation that all buildings and structures have been removed from the property. 8. A Restrictive Covenant has been registered for protection of the Visitor Parking spaces on the site. b) Additional Information: When Council considered this application for Third Reading they expressed concerns regarding the density of the development, the large number of tandem parking spaces, the driveways were too short to allow additional parking, and there were not enough visitor parking spaces on the site. They requested that the developer reconsider the site design to address these concerns during the Development Permit application process. The developer has reviewed the project and included three additional visitor parking spaces on the site, for a total of 14 spaces. They provided the following justification for not providing any other revisions:  The site is located on a local public transportation route allowing the option of some residents to utilize these services;  52% of the overall site area has been dedicated as parkland or road. The remaining area has been further constrained by environmental and geotechnical concerns – all of which have been incorporated into the present design;  The units with tandem parking represent only 45% of the total units on the site. The remaining units all have side by side double garages. Covenants can/will be registered against the titles of the units restricting the use of the tandem garages for the storage of vehicles only. We cannot allow for, nor do we condone, the installation of illegal suites in these spaces;  We have tried, in most cases, to provide a minimum 6 ft long driveway to each unit. This provides for the “parallel parking” of a vehicle in approximately 55% of the driveways on the site. As noted at the Public Hearing the geotechnical restrictions on the site have caused us to “squeeze” the site to ensure the long term stability of the bank to the west; - 3 -  We have reviewed the project both in the light of the discussions at the Public hearing, Council meetings and our own projections for the project and feel that while the density on the site may be slightly higher than the local neighbourhood expected, it is in line with the highest and best use of the property, the project conforms with the intent of the designated zoning and that every effort has been made to satisfy the municipal comments thus far. CONCLUSION: As the applicant has met Council’s conditions, it is recommended that Final Reading be given to Maple Ridge Official Community Plan Amending Bylaw No. 6832-2011 and Maple Ridge Zone Amending Bylaw No. 6833-2011. "Original signed by Ann Edwards" _______________________________________________ Prepared by: Ann Edwards, CPT Senior Planning Technician "Original signed by Christine Carter" _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning "Original signed by Frank Quinn" _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services "Original signed by J.L. (Jim) Rule" _______________________________________________ Concurrence: J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Bylaw No. 6832-2011 Appendix C – Bylaw No. 6833-2011 Appendix D – Site Plan City of Pitt Meadows District of Langley District of MissionFRASER R. ^ DATE: Jun 15, 2012 FILE: 2011-055-RZ BY: PC 11461/75 236 STREET CORPORATION OF THE DISTRICT OF MAPLE RIDGE PLANNING DEPARTMENT 11461 11470 11536 236 0 2 11347 11332 11342 11442 11506236582340811497 11523 11336 2 3 6 0 8 1150223648236411 1 5 1 3 23661234032340711355 11420 2361111375 11421 2 3 6 0 6 2 3 6 1 0 11356 2365111450234192341123 4 3 6 11475 11374 11410 11440 11365 11397 11411 2363111412 11 5 1 0 11440 2 3 4 1 8 11460 1138511501 11386 2 3 6 1 4 1 1 5 2 5 234152 3 4 2 2 11405 11346 11364 11494 11337 11431 11441 11 5 0 9 11366 11422 1 1 5 1 7 1 1 5 2 1 2341223 4 1 6 11535 11575 11354 11384 11398 11430 11496 11498 236282362111505 2363811376 11396 2 3 6 1 2 11 5 1 4 11360 11316 236 0 4 11355 11432236 ST.236 A ST.116 AVE.113 A AVE. 114 A AVE.236 ST.113 A AVE. 114 AVE. PARK EP 16722 6 SL7Pcl. 'A'SL115 2 12 1 3 26 25 20 LMP 50083 31 30 29 8 24 31 32 37 28PARK A 10 7 SL3SL224 5 6 37 36 8 BCP27984LMP 34938 LMP 34938 SL14SL91 19 2 28 LMS 1325 33 29 BCP 9604 LMP 35464 3 SL16SL85 P 21065SL18 SL21SL4 13 11 2 3 27 3 21 4 PARK 34 7 41 30 35 BCS 814 SL19 SL20CPP 21065SL22 SL26 18 15 1 BCP27984LMP 5008323 21 38 7 23 17 9 15 38 40 34 P 7289SL12 SL15 BCS 814P 21065LMS 3308SL5 17 4 22 LMP 11242 5 5 35 16 LMP 50083LMP 34 9 3 8 39 36 SL11SL10SL6SL24 16 14 4 20 18LMP 11242 33 32 6 10 11 PARK SL13SL17 BCS 814SL23 SL25 19 22 6 \\ SUBJECT PROPERTIES ´ SCALE 1:2,500 APPENDIX A CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6832-2011 A Bylaw to amend the Official Community Plan _______________________________________ WHEREAS Section 882 of the Local Government Act provides that the Council may revise the Official Community Plan; AND WHEREAS it is deemed desirable to amend Schedules "B" & "C" to the Official Community Plan; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending Bylaw No. 6832-2011 2. Schedule "B" is hereby amended for that parcel or tract of land and premises known and described as: Parcel “A” (Explanatory Plan 16722) Lot 4 Section 16 Township 12 New Westminster District Plan 7289; Lot 10 Section 16 Township 12 New Westminster District Plan 21065; and outlined in heavy black line on Map No. 810, a copy of which is attached hereto and forms part of this Bylaw, is hereby amended by adding Conservation and area shown hatched is hereby amended by adding Urban Residential. 3. Schedule “C” is hereby amended for that parcel or tract of land and premises known and described as: Parcel “A” (Explanatory Plan 16722) Lot 4 Section 16 Township 12 New Westminster District Plan 7289 Lot 10 Section 16 Township 12 New Westminster District Plan 21065 and outlined in heavy black line on Map No. 836, a copy of which is attached hereto and forms part of this Bylaw, is hereby amended by adding Conservation and area shown hatched is hereby amended by removing from Conservation. 4. Maple Ridge Official Community Plan Bylaw No.6425-2006 is hereby amended accordingly. APPENDIX B 1005.1 2 READ A FIRST TIME the 26th day of June, A.D. 2012. READ A SECOND TIME the 26th day of June, A.D. 2012. PUBLIC HEARING HELD the 17th day of July, A.D. 2012. READ A THIRD TIME the 24th day of July, A.D. 2012. RECONSIDERED AND FINALLY ADOPTED , the day of , A.D. 20 . ___________________________________ _____________________________ MAYOR CORPORATE OFFICER 11497 11374 11420 11347 11342 2366111433 1 1 5 2 5 11530 11575 11494 11375 115022 3 6 1 0 11332 11357 11399 11550 11405 11461 11460 11365 11505 11 5 0 9 2 3 6 0 8 11366 11396 11422 1 1 5 2 1 11367 1 1 5 2 9 1 1 5 3 311537 115 2 611560 11534 11535 11384 11496 11397 114312362111501 2363111356 11376 1143223641 1 1 5 1 7 2 3 6 1 2 11413 11424 11546 11475 11440 11498 11536 11337 11411 11441 11 5 1 0 2 3 6 1 4 11387 1142323671115 1 8 114 5 1 11542 11523 23 6 0 4 11355 11385 2 3 6 0 6 1 1 5 1 3 114 5 7 11346 11354 11364 11398 236 0 2 2361111386 11412 11442 1150611355 11336 11410 11430 11470 11421 2365111345 11335 11377 11443 11 5 1 411541 23681115 2 2 11414 11538 114 A AVE. 116 A V E.CREEKSIDE ST.236 ST.236 A ST.236 B ST.BCP 9604 SL1010 SL19 CP P 21065SL4SL319 15 2 LMP 50083LMS 1325 LMP 11242 18 5 33 7 24 PARK EP 16722SL117 SL51 20 5LMP 11242 25 15 14 1LMP 1124235 36 PARK P 7289 BCS 814 SL9SL8SL18 SL24 SL26SL1 1 12 3 28 25 5 37 34 46LMP 50083SL16 P 21065SL7LMS 3308 SL23 SL21 18 13 14 4 22 22 35 32 16 8 LMP 35464 3 SL17 SL15 SL20 16 BCP279844 7 30 10 PARK SL136 P 21065BCS 814 2 21 4 36 31 17 8 42 43 39 38 9 28 A SL12BCS 814 Pcl. 'A' SL22 SL217 27 19 29 6 23 BCP2798445 40 10 11 26 27 2 29 LMP 1 4 8 7 2 A SL14SL6SL25 11 1 26 24 23 3 21 20 38 LMP 50083 6 8 9 44 41 13 12 BCP 3687236 ST.´ SCALE 1:2,500 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING Bylaw No.Map No. From: To: 6832-2011810Conservation and Urban Residential Urban Residential Conservation 11497 11374 11420 11347 11342 2366111433 1 1 5 2 5 11530 11575 11494 11375 115022 3 6 1 0 11332 11357 11399 11550 11405 11461 11460 11365 11505 11 5 0 9 2 3 6 0 8 11366 11396 11422 1 1 5 2 1 11367 1 1 5 2 9 1 1 5 3 311537 115 2 611560 11534 11535 11384 11496 11397 114312362111501 2363111356 11376 1143223641 1 1 5 1 7 2 3 6 1 2 11413 11424 11546 11475 11440 11498 11536 11337 11411 11441 11 5 1 0 2 3 6 1 4 11387 1142323671115 1 8 114 5 1 11542 11523 23 6 0 4 11355 11385 2 3 6 0 6 1 1 5 1 3 114 5 7 11346 11354 11364 11398 236 0 2 2361111386 11412 11442 1150611355 11336 11410 11430 11470 11421 2365111345 11335 11377 11443 11 5 1 411541 23681115 2 2 11414 11538 114 A AVE. 116 A V E.CREEKSIDE ST.236 ST.236 A ST.236 B ST.BCP 9604 SL1010 SL19 CP P 21065SL4SL319 15 2 LMP 50083LMS 1325 LMP 11242 18 5 33 7 24 PARK EP 16722SL117 SL51 20 5LMP 11242 25 15 14 1LMP 1124235 36 PARK P 7289 BCS 814 SL9SL8SL18 SL24 SL26SL1 1 12 3 28 25 5 37 34 46LMP 50083SL16 P 21065SL7LMS 3308 SL23 SL21 18 13 14 4 22 22 35 32 16 8 LMP 35464 3 SL17 SL15 SL20 16 BCP279844 7 30 10 PARK SL136 P 21065BCS 814 2 21 4 36 31 17 8 42 43 39 38 9 28 A SL12BCS 814 Pcl. 'A' SL22 SL217 27 19 29 6 23 BCP2798445 40 10 11 26 27 2 29 LMP 1 4 8 7 2 A SL14SL6SL25 11 1 26 24 23 3 21 20 38 LMP 50083 6 8 9 44 41 13 12 BCP 3687236 ST.´ SCALE 1:2,500 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING Bylaw No.Map No. Purpose: 6832-2011836 To Remove From Conservation To Add To Conservation CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6833 – 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. 6833-2011." 2. Those parcels or tracts of land and premises known and described as: Parcel “A” (Explanatory Plan 16722) Lot 4 Section 16 Township 12 New Westminster District Plan 7289 Lot 10 Section 16 Township 12 New Westminster District Plan 21065 and outlined in heavy black line on Map No. 1524 a copy of which is attached hereto and forms part of this Bylaw, are 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 28th day of June, A.D. 2011. READ a second time the 26th day of June, A.D. 2012. PUBLIC HEARING held the 17th day of July, A.D. 2012. READ a third time the 24th day of July, A.D. 2012. RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 20 . _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX C 1005.2 11497 11374 11420 11347 11342 2366111433 1 1 5 2 5 11530 11575 11494 11375 115022 3 6 1 0 11332 11357 11399 11550 11405 11461 11460 11365 11505 11 5 0 9 2 3 6 0 8 11366 11396 11422 1 1 5 2 1 11367 1 1 5 2 9 1 1 5 3 311537 115 2 611560 11534 11535 11384 11496 11397 114312362111501 2363111356 11376 1143223641 1 1 5 1 7 2 3 6 1 2 11413 11424 11546 11475 11440 11498 11536 11337 11411 11441 11 5 1 0 2 3 6 1 4 11387 1142323671115 1 8 114 5 1 11542 11523 23 6 0 4 11355 11385 2 3 6 0 6 1 1 5 1 3 114 5 7 11346 11354 11364 11398 236 0 2 2361111386 11412 11442 1150611355 11336 11410 11430 11470 11421 2365111345 11335 11377 11443 11 5 1 411541 23681115 2 2 11414 11538 114 A AVE. 116 A V E.CREEKSIDE ST.236 ST.236 A ST.236 B ST.BCP 9604 SL1010 SL19 CP P 21065SL4SL319 15 2 LMP 50083LMS 1325 LMP 11242 18 5 33 7 24 PARK EP 16722SL117 SL51 20 5LMP 11242 25 15 14 1LMP 1124235 36 PARK P 7289 BCS 814 SL9SL8SL18 SL24 SL26SL1 1 12 3 28 25 5 37 34 46LMP 50083SL16 P 21065SL7LMS 3308 SL23 SL21 18 13 14 4 22 22 35 32 16 8 LMP 35464 3 SL17 SL15 SL20 16 BCP279844 7 30 10 PARK SL136 P 21065BCS 814 2 21 4 36 31 17 8 42 43 39 38 9 28 A SL12BCS 814 Pcl. 'A' SL22 SL217 27 19 29 6 23 BCP2798445 40 10 11 26 27 2 29 LMP 1 4 8 7 2 A SL14SL6SL25 11 1 26 24 23 3 21 20 38 LMP 50083 6 8 9 44 41 13 12 BCP 3687236 ST.´ SCALE 1:2,500 MAPLE RIDGE ZONE AMENDING Bylaw No.Map No. From: To: 6833-20111524RS-3 (One Family Rural Residential) RM-1 (Townhouse Residentiall) District of Maple Ridge Maple Ridge Animal Control and Licencing Bylaw No. 6908-2012 Effective Date: 1006 District of Maple Ridge Animal Control and Licencing Bylaw No. 6908-2012 Table of Contents Part 1 Citation............................................................................................................. 2 Part 2 Severability ...................................................................................................... 2 Part 3 Previous Bylaw Repeal .................................................................................... 2 Part 4 Definitions ........................................................................................................ 3 Part 5 Interpretation ................................................................................................... 8 5.1 Authority of an Animal Control Officer ................................................................ 8 5.2 Animal Control Facility ......................................................................................... 8 5.3 Animal Control Officer Duties ............................................................................. 8 5.4 Exempt Animals ................................................................................................... 9 5.5 Exempt Facilities ................................................................................................. 9 Part 6 Regulations Applicable to the Keeping and Licencing of Dogs ..................... 10 6.1 Number of Dogs Allowed................................................................................... 10 6.2 Licencing ............................................................................................................ 10 6.3 Revocation of a Dog Licence ............................................................................ 11 6.4 Exemption .......................................................................................................... 11 6.5 Dog Walking ....................................................................................................... 12 6.6 Dog in Heat ........................................................................................................ 12 Part 7 Regulations Applicable to All Animals ........................................................... 12 7.1 Running At Large ............................................................................................... 12 7.2 Animal waste ..................................................................................................... 12 7.3 Protection of animals ........................................................................................ 12 7.4 Transportation of animals ................................................................................. 13 7.5 Trapping ............................................................................................................. 13 7.6 Diseased animals .............................................................................................. 14 7.7 Dangerous Animals and Aggressive Dogs ....................................................... 14 7.8 Guard Dogs ........................................................................................................ 15 Animal Control and Licencing Bylaw No. 6908-2012 Part 8 Impoundment ................................................................................................ 16 8.2 Disposal ............................................................................................................. 17 Part 9 Other Animals ................................................................................................ 17 9.1 Prohibited Animals Keeping, Breeding, Sale and Purchase of ...................... 17 Part 10 Cats ................................................................................................................ 18 Part 11 Livestock ........................................................................................................ 18 Part 12 Boarding Kennels .......................................................................................... 19 Part 13 Pet Stores ...................................................................................................... 19 13.1 Duties of a Pet Store Operator - General ......................................................... 19 13.2 Duties of a Pet Store Operator – Segregation of Ill or Injured Animals ......... 21 13.3 Duties of Pet Store Operator – Veterinary Care .............................................. 22 13.4 Duties of Pet Store Operator – Pet Store Register .......................................... 22 13.5 Duties of Pet Store Operator – Information Provided to Purchasers ............ 23 13.6 Duties of Pet Store Operator – Reptiles .......................................................... 24 13.7 Pet Store Operator – Prohibitions .................................................................... 24 Part 14 Offence and Penalty ...................................................................................... 25 Schedule A - Fees & Charges .......................................................................................... 27 Schedule B - Prohibited Areas……………………………………………………………………………..30 Schedule C - Off Leash Areas………………………………………………………………………………31 Schedule D - Application for Release of Aggressive Dog……………………………………….32 Schedule E - Prohibited Animals………………………………………………………………………….34 Animal Control and Licencing Bylaw No. 6908-2012 Animal Control and Licencing Bylaw No. 6908-2012 1 District of Maple Ridge Animal Control and Licencing Bylaw No. 6908-2012 A bylaw to provide for the regulation, keeping, breeding, sale, purchase, displaying and impounding of animals within the municipal boundaries of the District of Maple Ridge under the Community Charter. WHEREAS the Council of The District of Maple Ridge deems it expedient to provide for a bylaw for the provision of services, the regulation, impoundment, display and protection of animals, and the licencing of dogs within the municipal boundaries of the District; And WHEREAS paragraph 8 (3) (k) of the Community Charter, SBC 2003, c. 26 provides general authority to regulate, prohibit and impose requirements by bylaw in relation to animals; And WHEREAS Section 47 of the Community Charter provides that a bylaw passed under section 8 (3) (k) may establish different classes of animals on the basis of sex, age, size or breed. And WHEREAS Section 48 of the Community Charter provides authority for the seizure of animals and related powers; And WHEREAS the Council has received complaints and reports of unprovoked attacks on other Animals and persons by Dangerous or Aggressive Dogs; NOW THEREFORE, the Council of the District of Maple Ridge enacts as follows: Animal Control and Licencing Bylaw No. 6908-2012 2 Part 1 Citation 1.1 This bylaw may be cited as Animal Control and Licencing Bylaw No. 6908-2012. Part 2 Severability 2.1 If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid portion must be severed and the remainder of this bylaw is deemed to have been adopted without the severed section, subsequent, paragraph, subparagraph, clause or phrase. Part 3 Previous Bylaw Repeal 3.1 Maple Ridge Large Animal Pound Bylaw No. 2518-1977; 3.2 Maple Ridge Exotic Animal Bylaw No. 5755-1999; and 3.3 Maple Ridge Dog Pound and Dog Control Bylaw No. 4524-1991, and the following amendment bylaws are hereby repealed: Amendment Bylaw Effective Date Bylaw No. 2766-1980 February 18, 1980 Bylaw No. 3476-1984 November 5, 1984 Bylaw No. 4647-1992 February 3, 1992 Bylaw No. 5050-1994 December 19, 1994 Bylaw No. 5268-1995 May 9, 1995 Bylaw No. 5299-1995 September 26, 1995 Bylaw No. 5468-1996 October 8, 1996 Bylaw No. 5584-1997 July 15, 1997 Bylaw No. 5873-1999 January 25, 2000 Bylaw No. 6004-2001 February 12, 2002 Bylaw No. 6422-2006 November 28, 2006 Bylaw No. 6463-2007 February 13, 2007 Bylaw No. 6582-2008 June 24, 2008 Bylaw No. 6628-2008 November 25, 2008 Bylaw No. 6693-2009 January 12, 2010 Animal Control and Licencing Bylaw No. 6908-2012 3 Part 4 Definitions 4.1 In this bylaw, unless the context otherwise requires, the following words have the following meanings: “Aggressive Dog” means (a) a dog that has attacked, bitten or caused injury to a person or has demonstrated a propensity, tendency or disposition to do so; or (b) a dog that has bitten, killed or caused injury to a domestic animal; or (c) a dog that has aggressively pursued or harassed a person or domestic animal; or (d) a dog with a known propensity to attack or injure a person without provocation; or “Altered” means a female animal that has been spayed or a male animal that has been neutered. “Animal Control Officer” means a Bylaw Enforcement Officer, SPCA Officer, Peace Officer, Police Officer or Pound Keeper. “At Large” means: (a) in a Public Place listed in Schedule B of this bylaw; (b) in a place other than the premises of the Owner while not on a leash and in the immediate and effective control of the Owner; (c) on any property without the consent of the registered owner or occupier of that property; or (d) being in a designated off-leash area, where permitted, but not under the immediate and effective control of the Owner. “Breeding” means the process of mating dogs or animals to produce, by deliberate selection, offspring for the purposes of sale or remuneration. “Captive Bred” means bred in captivity such that both parents were in human care at the time of mating. “Client Dog” means a dog that a Dog Walking Business or Commercial Dog Walker walks for a fee. “Commercial Dog Walker” means a person who owns or is employed by a Dog Walking Business, who walks Client Dogs. Animal Control and Licencing Bylaw No. 6908-2012 4 “Commercial Kennel” means a Kennel limited to the keeping, training, Breeding and Dog Boarding for remuneration or for the purposes of sale, of the number of dogs specified in the licence and not to exceed a density of fifty (50) dogs per site. “Council” means the Council of the District of Maple Ridge. “Dangerous Animal” means an animal: (a) that according to the records of the District, including the SPCA or the Ridge Meadows RCMP has killed or injured a person or Pet, or, without provocation has aggressively pursued or harassed a person; or (b) that to the knowledge of the Owner, has killed or injured a person or Pet, or, without provocation, has aggressively pursued or harassed a person. “Deliver” means to send by regular or registered mail, or to leave with a person, or deposit in a person’s mail box or mail slot at the person’s residence or place of business. “District” means the Corporation of the District of Maple Ridge and the geographical area within the boundaries of the District of Maple Ridge. “Dog Boarding” means to feed, house, and care for a dog for a fee. “Dog Walking Business” means a business that provides a service of walking dogs for a fee. “Enclosure” means a structure at least 1.8 metres (5.9 feet) in height having a solid floor, and wire or steel mesh sides and roof, constructed that it prevents the entry of young children and the escape of a dog, and specifically excludes invisible fencing systems. “Exotic Animal” means an animal as defined in Schedule E of this bylaw. “Guard Dog” means a dog that is specifically trained for or used primarily for the purposes of guarding property, including residential, commercial and industrial property and is registered as a Guard Dog in accordance with this bylaw. “Highway” means every Highway within the meaning of the Transportation Act and amendments thereto; every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles; and every private place or passageway to which the public, for the purpose of parking or servicing of vehicles, has access or is invited; and includes disabled zones and the roadway, shoulder, boulevard, ditch and sidewalk and whatever lands lie between the property lines of the Highway. “Impounded” means seized, delivered, received or taken into the Pound or in the custody of the Animal Control Officer as provided for herein. Animal Control and Licencing Bylaw No. 6908-2012 5 “Inspector” means the Director of Licences, Permits and Bylaws or their designate. “Keep” means the act of having the care, custody, control or possession of an Animal. “Leash” means a chain or other material capable of restraining the animal on which it is being used. “Licence Year” means the period between January 1 and December 31 in any year. “Livestock” includes, but is not limited to: i) a horse, mule, ass, swine, emu, ostrich, llama, alpaca, sheep or goat; ii) domestically reared or kept deer, reindeer, moose, elk, or bison; iii) farm bred fur bearing animals including foxes or mink; iv) animals of the bovine species; v) animals of the avian species including chickens, turkeys, ducks, geese, or pheasants; and vi) all other animals that are kept for agricultural purposes, but does not include Pets. “Medical Health Officer” means a medical health officer designated under section 71 of the Public Health Act. “Muzzle” means a humane fastening or covering device of adequate strength placed over the Dog’s mouth designed to prevent the dog from biting or injuring any person or another animal. “Owner” means a person: i) to whom a licence for a dog has been issued under this bylaw; or ii) who owns, is in possession of, or has the care or control of an animal, temporarily or permanently; or iii) who harbours, shelters, permits or allows an animal to remain n or about that person’s land or premises; or iv) who is the custodial parent or legal guardian of a child under the age of eighteen (18) years who owns, is in possession of, or has the care or control of a dog. “Pet” means a domesticated animal, but does not include Livestock, Poultry, or wildlife as defined under the Wildlife Act. “Picnic Eating Areas and Picnic Shelters” means any area with picnic tables constructed, installed, and maintained by the District. “Playground” means land within the District, or controlled by the District, upon which structures and/or apparatus are placed intended for the use by children including but not limited to swings and slides. “Prohibited Animal” means any animal that is or is deemed to be potentially harmful to humans by nature, aggression, venom, toxins or size and that require specifically Animal Control and Licencing Bylaw No. 6908-2012 6 designed, secure enclosures to ensure Safekeeping including those prohibited listed on Schedule E. “Poultry” means a chicken, turkey, duck, goose, pigeon, swan or peafowl, but excludes birds that are kept inside a home as Pets. “Pound” means any building or enclosure or place established for impounding Animals by the Council under the provisions of this bylaw. “Pound Keeper” means the person or people appointed from time to time by Council, to be Pound Keeper or the authorized agent of any corporation or society with whom the Council has an agreement to act as Pound Keeper, or any other person or persons that Council may authorize to assist the Pound Keeper to enforce this bylaw. “Public Place” includes but is not limited to any Highway, boulevard or park, or other real property owned, held, operated or administered by the District or by a school district located in the District. “Rabbit” means a domestic rabbit. “Safekeeping” means the provision for security in order to prevent any animal from attacking or injuring a person or domesticated animal or Livestock or exposing same to infection or disease. “Senior” means a person aged 65 years or older. “SPCA” means the Maple Ridge branch of the British Columbia Society for the Prevention of Cruelty to Animals. “Sports Field” means land within the District, or controlled by the District, which is designated and used for the playing of a sport including, but not limited to, basement diamonds, field hockey or cricket pitches, rugby, soccer, or football fields. “Swimming Beach” means any beach that is so designated by sign as a beach used for swimming or sunbathing. “Trap” means a device or trap that grips a mammal’s body or body part including, but not limited to, steel-jawed leg hold traps, padded leg hold traps, conibear traps and snares; provided, however that cage and box traps, nets, suitcase-type live beaver traps common mouse and rat traps shall not be considered a trap for the purposes of this Bylaw. “Toxic” means capable of a seriously harmful or fatal reaction in a human adult or child by means of a bite, sting, scratch or physical contract. “Unaltered Animal” means an animal that has not been spayed or neutered. Animal Control and Licencing Bylaw No. 6908-2012 7 “Under Control” means, in respect of any dog, leashed or unleashed, such circumstances where the dog: i) immediately returns when called by the Owner who owns or has care and control of the dog; and ii) is not aggressive towards, harassing or attacking any person, wildlife, other animal or Pet. “Venomous” means possessing venom which is seriously harmful or fatal to a human adult or child. “Wild Animal” means an animal as defined in Schedule E of this bylaw. Animal Control and Licencing Bylaw No. 6908-2012 8 Part 5 Interpretation 5.1 Authority of an Animal Control Officer 5.1.1 An Animal Control Officer may enter, at reasonable times and with reasonable notice, upon any land in the District for the purpose of: (a) ascertaining whether the requirements of this bylaw are being observed; or (b) seizing and impounding animals under this bylaw. 5.1.2 An Animal Control Officers may seize and impound: (a) Unlicensed dogs; (b) animals unlawfully at large on a Highway or in a Public Place, (c) animals straying or trespassing on private property, or (d) animals on unfenced land and not securely tethered or contained. 5.1.3 No person shall: (a) rescue or attempt to rescue any animal in the lawful custody of an Animal Control Officer; (b) directly or indirectly, delay or interfere with an Animal Control Officer issuing a Municipal Ticket Information or Bylaw Notice; (c) refuse to comply with the lawful direction of an Animal Control Officer; or (d) hinder, interfere with or obstruct an Animal Control Officer acting in the course of his duties. 5.2 Animal Control Facility 5.2.1 Council establishes the SPCA building at 10235 Jackson Road, Maple Ridge (District Plan BCP 43808. Lot A, section 3, Township 12) as the District’s Animal Control Facility and appoints the SPCA to operate and maintain the Animal Control Facility. 5.2.2 Council may from time to time appoint a Pound Keeper for temporarily keeping At Large Livestock and other animals. 5.3 Animal Control Officer Duties 5.3.1 The Animal Control Officer shall: Animal Control and Licencing Bylaw No. 6908-2012 9 (a) maintain records of Impounded animals and their disposition; (b) report monthly to the Council, or its designate, on the information maintained in accordance with paragraph (a) of this section and the amount of money collected for poundage fees and proceeds of sales; (c) care for all Impounded animals in accordance with the Animals for Research Act, R.S.O. 1990 c. A. 22, as amended, and the regulations thereunder; (d) collect from the Owner of any Impounded animal, the impound fees and any other fees and charges collected pursuant to the Maple Ridge Fees Imposition Bylaw No. 6748-2010; (e) ensure that every Impounded animal, during its period of detention is supplied with sufficient water and food; (f) ensure any cow or goat is milked at least twice per day; (g) ensure that every Impounded animal suffering an illness or injury receives veterinary care; (h) keep the Pound open for business Monday through Friday from 9:00 am to 6:00 pm, Saturday and Sunday from 9:00 am to 5:00 pm and statutory holidays from 9:00 am to 5:00 pm except in the case of the Livestock Pound Keeper; (i) retain such Dog or large Animal for seventy two (72) hours unless such Dog or Animal is reclaimed in accordance with Part 9 of this Bylaw. 5.4 Exempt Animals 5.4.1 This bylaw does not apply to the following: (a) animals used by government law enforcement agencies; (b) animals being driven or conveyed through and beyond the District; or (c) any animal which is regulated or permitted by a valid and subsisting Federal or Province of British Columbia permit or licence. 5.5 Exempt Facilities 5.5.1 Schedule E does not apply to prevent the keeping or Safekeeping of animals at: (a) the premises of the municipal facility used for keeping Impounded animals; Animal Control and Licencing Bylaw No. 6908-2012 10 (b) the premises of an affiliate or branch of the SPCA; (c) the premises of an accredited veterinary hospital under the care of a licenced veterinarian; (d) the premises of facilities accredited by the Canadian Association of Zoos and Aquariums; or (e) the premises of an establishment licenced pursuant to the Food Safety Act, S.B.C. 2002, c28. Part 6 Regulations Applicable to the Keeping and Licencing of Dogs 6.1 Number of Dogs Allowed 6.1.1 No Owner shall Keep, or permit to be kept, more than three (3) dogs on any parcel except at the Animal Control Facility, or in the lawful and licenced operation of a Pet store, veterinary medical clinic, Pet care establishment, commercial kennel or hobby kennel. 6.2 Licencing 6.2.1 No Owner shall Keep a dog, or permit a dog to be kept, in the District unless a current valid dog licence has been obtained from the District for that dog. 6.2.2 Every Owner of a dog shall in respect of each Licence Year make application to the District for a dog licence on the form provided by the District, and shall pay the fee set out in Schedule “A” as well as all outstanding fines, charges and fees related to the dog. 6.2.3 If a dog is validly licenced outside the District and is moved to the District, the Owner shall produce the existing licence to the District within fourteen (14) days and pay the licence replacement fee set out in Schedule “A”. 6.2.4 If a dog licenced within the District is transferred to a new Owner, the new Owner shall produce the existing licence to the District within fourteen (14) days and pay the licence replacement fee set out in Schedule “A”. 6.2.5 A licence for an Aggressive Dog shall not be issued unless the dog has a microchip or a numeric or alpha-numeric identification tattoo, the details of which must be included in the application for a licence or licence renewal. 6.2.6 Where a licenced dog becomes an Aggressive Dog by operation of this bylaw the Owner shall produce the existing licence to the District within fourteen (14) days and pay the licence replacement fee set out in Schedule “A”. 6.2.7 Every Owner shall ensure that a valid dog licence tag is displayed on the dog at all times by affixing it to the dog’s collar or harness. Animal Control and Licencing Bylaw No. 6908-2012 11 6.2.8 If a dog licence is lost, stolen or otherwise rendered unreadable, the dog Owner shall within fourteen (14) days make application to the District to replace the tag and pay the licence replacement fee set out in Schedule “A”. 6.2.9 Every dog licence issued under this bylaw expires on the thirty first (31) day of December in the year it was issued and is valid only for the dog for which it is issued. 6.2.10 No dog licence shall be issued to or in the name of any person under the age of eighteen (18) years. 6.2.11 Dogs used as a guide animal pursuant to the Guide Animal Act are exempt from the licencing fees. 6.3 Revocation of a Dog Licence 6.3.1 An Inspector may revoke a licence if: (a) an Owner fails to pay any impoundment fees in relation to their dog; (b) an Owner has obtained more Licences than permitted on one lot; (c) a person under the age of eighteen (18) falsely registered a dog in his name; or (d) subsequent to licensing, a dog is found to be or becomes an Aggressive Dog. 6.3.2 A person whose dog licence has been revoked under this bylaw shall be given written notice, delivered to the address indicated on the dog licence application. 6.3.3 Should an Owner whose dog licence is revoked for a reason other than failing to pay any required fees, wish to contest the revocation, that person must within seven (7) days of the date of the notice, inform the District’s Clerk in writing that he or she wishes to appear before Council to contest the revocation. Upon hearing from the Owner, staff and any other affected persons, Council may affirm, vary or revoke the licence revocation. 6.4 Exemption 6.4.1 Section 6.1 and 6.2 do not apply to: (a) A dog established by the Owner to be under the age of four (4) months; and (b) A dog kept at the Animal Control Facility, or in the lawful and licenced operation of a pet store, veterinary medical clinic, or pet care establishment. Animal Control and Licencing Bylaw No. 6908-2012 12 6.5 Dog Walking 6.5.1 No Owner shall: (a) allow a dog to be in a place that is listed in Schedule “B” of this bylaw; (b) fail to keep a dog Under Control in an area listed in Schedule “C” of this bylaw; (c) walk more than three (3) Dogs in any Public Place at any one time. 6.6 Dog in Heat 6.6.1 The Owner of a female Unaltered Dog shall at all times when the dog is in heat either: (a) keep the dog securely confined indoors or within a building or enclosure which will prevent the escape of the dog or the entry of other dogs; or (b) keep the dog securely on a leash while it is being walked off the Owner’s property. Part 7 Regulations Applicable to All Animals 7.1 Running At Large 7.1.1 The Owner of an animal, with the exception of a cat, shall not allow or permit that animal to be At Large. 7.2 Animal waste 7.2.1 Where an Animal deposits excrement on any place, other than the property of the Owner, the Owner shall immediately remove the excrement and dispose of it in a sanitary manner. 7.3 Protection of animals 7.3.2 Every Owner of an animal shall ensure that the animal is provided with: (a) clean, potable drinking water at all times, and suitable food of sufficient quantity and quality to allow for normal growth and the maintenance of normal body weight; (b) clean and disinfected food and water receptacles that are located so as to avoid contamination by excrement; Animal Control and Licencing Bylaw No. 6908-2012 13 (c) the opportunity for periodic exercise sufficient to maintain good health; and (d) necessary veterinary care when the animal exhibits signs of pain or suffering. 7.3.3 No Owner shall Keep an animal outside, unless the animal is provided with a shelter that meets the following requirements: (a) protection from heat, cold and wet that is appropriate for the animal’s weight and type of coat; (b) sufficient space to allow the animal the ability to turn about freely and to easily stand, sit and lie in a normal position, and specifically with a length of at least one half (1 ½) times the length of the animal and a height of at least the animal’s height measured from the ground to the highest point of the animal when standing at a normal position plus ten (10%) percent, and a width of at least the same as the animal’s length; and (c) protection from the direct rays of the sun. 7.3.4 Every Owner of an animal shelter, pen, cage, run area or Poultry pen shall ensure that the area is clean, sanitized, free of vermin, and that all excrement is removed at least once a day. 7.3.5 No Owner shall cause an animal to be hitched, tied or fastened by any rope, chain or cord that is directly tied around the animal’s neck or to a choke or prong collar. 7.4 Transportation of animals 7.4.1 No Owner shall cause or permit an animal to be confined in an enclosed space, including a motor vehicle or boat, unless: (a) fresh air ventilation is provided by a vent or opening at least five hundred (500) cm2 (77.5 in2); and (b) the temperature in the enclosed space does not exceed thirty (30) degrees Celsius. 7.4.2 No Owner shall transport an animal in a vehicle outside of the passenger compartment unless it is confined to a pen or cage, or unless it is secured in a body harness or other manner of fastening to prevent it from jumping or falling off the vehicle or otherwise injuring itself. 7.5 Trapping Animal Control and Licencing Bylaw No. 6908-2012 14 7.5.1 No person shall use a Trap in a Public Place within the boundaries of the District. 7.5.2 No person shall use a Trap on private property within the boundaries of the District, except a person who is engaging in hunting or trapping wildlife in accordance with the Wildlife Act and its regulations 7.5.3 No person shall sell a Trap within the boundaries of the District, except to a person who is engaging in hunting or trapping wildlife in accordance with the Wildlife Act and its regulations. 7.6 Diseased animals 7.6.1 When the Animal Control Officer has reason to believe that an animal is suffering the Animal Control Officer may have the animal examined by a veterinarian and if the examination demonstrates that the animal is suffering he shall order the Owner to have the animal treated or destroyed. 7.6.2 If the Owner fails to comply with the order made by the Animal Control Officer or the treatment provided by the Owner is insufficient to address the animal’s suffering, and the Animal Control Officer considers that the animal’s suffering cannot otherwise reasonably be addressed, he may seize the animal and arrange to have the animal humanely destroyed. 7.7 Dangerous Animals and Aggressive Dogs 7.7.1 Every Owner of a Dangerous Animal or an Aggressive Dog shall at all times keep the animal: (a) Securely confined indoors such that the animal cannot escape; or (b) in an enclosed pen or cage that prevents the entry of young children and prevents the animal from escaping, if the animal is not a dog; or (c) in an enclosure as defined by the bylaw if the animal is a dog or enclosed in accordance with section 8.2 of this bylaw if the dog is a registered Guard Dog; or (d) on a leash or tether no more than 1.5 meters (4.9 feet) in length and made of sturdy material not attached to a retracting mechanism held by and under the immediate control of a competent adult skilled in animal control. 7.7.2 In addition to section 7.1.1 (a) every Owner of an Dangerous Animal or an Aggressive Dog shall ensure that the animal wears a Muzzle while in a Public Place. Animal Control and Licencing Bylaw No. 6908-2012 15 (b) every Owner of an Aggressive Dog shall tattoo or implant an electronic identification microchip in the Animal. A copy of this information contained thereon must be provided to an Animal Control Officer prior to a licence being issued for that Aggressive Dog. (c) every Owner of an Aggressive Dog or Dangerous Dog shall post warning signs which give clear notice of the Dog or Animals presence to anyone visiting the property as follows: i) with lettering stating that a “Dangerous Animal” or Aggressive Dog” on premises”, and the sign shall contain no other “copy” as defined by the Maple Ridge Sign Control Bylaw; ii) the lettering on the signs must be clearly visible from the lesser of the curb line or 15 meters (49.2 feet) away; iii) the signs must be posted in each driveway and entrance to the property and, if other than a single family property, at all exterior doors of the building; and iv) the signs must not be larger 1.5 square meters (4.9 square feet), nor smaller than .75 square meters (2.5 square feet). (d) every Owner of an Aggressive Dog or a Dangerous Animal shall build an enclosure on their property as defined by this bylaw. (e) every Owner of an Aggressive Dog or Dangerous Animal shall notify in writing an Animal Control Officer within three (3) days should the Aggressive Dog or Dangerous Animal die or be moved, sold, gifted, transferred to another person. The Owner remains liable for the actions of the Aggressive Dog or Dangerous Animal until such notice is given. (f) every Owner of an Aggressive Dog or Dangerous Animal shall immediately notify an Animal Control Officer when that Dog is running At Large. 7.8 Guard Dogs 7.8.1 Every Owner of a Guard Dog, which is not confined within a locked building on the property, shall ensure that the outdoor area where the Dog is kept is completely fenced by means of a secure fence, constructed in a manner that will Keep the Dog from escaping, with a minimum height of 1.8 meters (5.9 feet), and with gates in the fence secured against unauthorized entry and prevent the Dog from escaping. 7.8.2 Every Owner of a Guard Dog shall post warning signs which give clear notice of the Dogs presence to anyone visiting the property as follows: Animal Control and Licencing Bylaw No. 6908-2012 16 (a) the lettering in the sign must be clearly visible from the lesser of the curb line or fifty (50) feet away; and (b) the signs must be posted in each driveway or entrance to the property and, if other than a single family property, at all exterior doors of the building. 7.8.3 Before bringing a Guard Dog into or using a Guard Dog in the District, every Owner of a Guard Dog shall register the Dog with the Inspector as a Guard Dog and record with the Inspector: (a) the address where the Dog is usually kept and the address of each parcel that the Dog will be guarding; (b) the approximate hours during which the Dog will be performing guard duties; (c) the age, sex, breed and Dog licence number of the Dog; and (d) the full name, address and telephone number of the Owner and any other individuals who will be responsible for the Dog while it is on guard duty. 7.8.4 Should any of the information provided under section 6.8.3 need to be changed, the Owner shall communicate the change in writing to the Inspector at least twenty-four (24) hours before the change occurs. Part 8 Impoundment 8.1.1 An Animal Control Officer may: (a) alone or with others, seize, impound or detain an Unlicenced Dog; and (b) seize, impound or detain any licenced Dog or other Animal found to be running At Large. 8.1.2 If an Animal is Impounded under this bylaw: (a) the Owner of an Animal that has been Impounded shall recover the Animal from the Animal Control Facility within three (3) days from the time of impoundment; and (b) The Pound Keeper may sell, transfer, or humanely destroy an Animal after seventy two (72) hours from the day of Impoundment. 8.1.3 The Owner of an Aggressive Dog that has been Impounded pursuant to this bylaw may only reclaim the Dog upon application to the Animal Control Officer with the following: Animal Control and Licencing Bylaw No. 6908-2012 17 (a) proof of ownership of the Aggressive Dog; and (b) proof that the Aggressive Dog has been tattooed or can be identified in accordance with section 8.1.2(b) of this bylaw, or that the Owner consents to allow the Animal Control Facility to tattoo the Aggressive Dog; and (c) payment of the fees set out in Schedule “A”; and (d) delivery to the Animal Control Officer of an executed statement in the form prescribed in Schedule “D” of this bylaw. 8.1.4 In addition to the power to seize and detain a Dog under this bylaw, Bylaw Enforcement Officers are designated as Animal Control Officers under section 49 of the Community Charter, and may seize Dangerous Dogs pursuant to those provisions. 8.1.5 Notwithstanding section 9.1.3 of this bylaw, where a Dangerous Dog is seized pursuant to section 49 of the Community Charter or where the District is otherwise making an application under section 49 of the Community Charter for an order for the destruction of a Dangerous Dog, the Animal Control Officer may refuse to release the Dangerous Dog to the Owner in accordance with section 49 of the Community Charter. 8.1.6 The Owner of a Dog seized or Impounded by the District under section 49 of the Community Charter shall pay the impoundment fees prescribed in Schedule “A” in accordance with the number of days the Animal is Impounded, on a weekly basis. 8.2 Disposal 8.2.1 The Animal Control Officer may sell, dispose of or humanely destroy a Dog seized or Impounded under section 49 of the Community Charter for which the impoundment fees are one (1) week overdue. Part 9 Other Animals 9.1 Prohibited Animals Keeping, Breeding, Sale and Purchase of 9.1.1 No Person shall breed, Keep, sell or purchase an Animal in the District: (a) unless permitted under section 5.4 of this bylaw; (b) that is the product of breeding with a wolf, including wolf/Dog cross; or (c) that is an Exotic or Wild Animal unless expressly permitted under Provincial or Federal regulations permitting or licencing. Animal Control and Licencing Bylaw No. 6908-2012 18 9.1.2 No Person shall operate or carry on a circus, public show, exhibition, carnival or performance in which Exotic or Wild Animals accompany or are required to perform tricks, fight or participate in performances for the amusement or entertainment of an audience. 9.1.3 Notwithstanding section 10.1.2, nothing contained in this bylaw shall prohibit or restrict the operation of an aquarium or zoological park as accredited by the Canadian Association of Zoological Parks and Aquariums. 9.1.4 No person shall, breed, sell, transfer or exchange, or offer to breed, sell, transfer or exchange, for any consideration whatsoever in the District, either on a temporary or permanent basis, any endangered Animal or any Prohibited Animal or Dangerous Animal. 9.1.5 For the purpose of section 10.1.1 through 10.1.5. Prohibited Animals include any Animal listed in or falling within those classes of Animals listed in Schedule “E” attached and forming part of this bylaw. Part 10 Cats 10.1.1 No Owner shall Keep or permit to be kept more than six (6) weaned Altered Cats on any one parcel, except at the Animal Control Facility, or in the lawful and licenced operation of a Pet store, veterinary medical clinic, or Pet care establishment. Part 11 Livestock 11.1.1 No Owner shall Keep or permit to be kept Livestock except as permitted under the District’s Zoning Bylaw, as amended. 11.1.2 No Owner shall suffer or permit any Livestock owned by him or in his charge to: (a) stray or trespass on a Highway; (b) stray or trespass in a Public Place; (c) stray of trespass on a private place; or (d) graze on unfenced land, unless they are securely tethered. 11.1.3 Every Owner keeping Livestock shall ensure that: (a) flies and other insects are controlled by good manure management by the use of approved insecticides approved by the Pesticide Branch of the Ministry of Environment Province of British Columbia; Animal Control and Licencing Bylaw No. 6908-2012 19 (b) both the inside and outside of any building, pen, stable, shed or structure housing Livestock is kept clean; and (c) manure does not accumulate on any parcel except in a properly contained manner so that runoff to public watercourses or onto adjacent properties does not occur. Part 12 Boarding Kennels 12.1 No person shall board dogs in the District overnight for a fee except: (a) in the Animal Control Facility established by the District under section 5.4 of this bylaw; (b) in a veterinary medical clinic for the purpose of medical care of treatment; (c) in a Pet store where dogs are for sale; or (d) in a licenced Commercial Kennel. Part 13 Pet Stores 13.1 Duties of a Pet Store Operator - General 13.1.1 Every Pet store operator shall ensure that: (a) no animal be offered for sale or kept in the store unless the Pet Store Owner has well documented information of the name and address of the person or company from whom the animal was acquired; (b) all persons who attend to the care of Animals have the skills, knowledge, ability, training and supplies necessary for the humane care of such Animals; (c) no Animals are handled by members of the public except under supervision of a Pet store employee; (d) there is a documented plan acceptable to the BCSPCA of socializing any puppies or kittens to a home environment if they are not purchased by 12 weeks of age. (e) all Animals are provided with sufficient water, food, shelter, warmth, lighting, cleaning, sanitation, exercise, grooming, veterinary care, and any other care required to maintain the health, safety and well-being of such Animals as prescribed by the SPCA; and Animal Control and Licencing Bylaw No. 6908-2012 20 (f) all Dogs are walked daily. 13.1.2 Every Pet store operators shall ensure that cages or other places where Animals are kept are: (a) maintained in good repair; (b) kept in a clean and sanitary condition; (c) regularly disinfected and free of offensive and disagreeable odours; (d) kept free of all Animal waste, which the Pet store operator must dispose of in an appropriate manner; and (e) well-ventilated. 13.1.3 Every cage in which an Animal is kept shall be: (a) proportionate in size to the size and species of Animal and allow room for the Animal to stand to its full height, turn around with ease, and perform any other normal postural or behavioural movement and cats and dogs should be able to hold their tails erect when in a normal standing position; and (b) primary enclosures should allow animals to see out but should also provide at least some opportunity to avoid visual contact with other animals; and (c) equipped with appropriate containers for food and water. 13.1.4 In addition to the requirements of subsection 13.1.2, every cage in which a Cat or kitten is kept shall: (a) have a floor with an impermeable surface or other such flooring as is approved by the Animal Control Officer; (b) be constructed to support the weight of the Cat or kitten without bending; and (c) have a litter pan made from non-absorbent material or a disposable pan containing sufficient litter. 13.1.5 In addition to the requirements of subsection 13.1.2 and 13.1.3, every cage in which more than one Cat or kitten is kept shall provide an elevated platform, surface or surfaces, of adequate size to hold the occupants. 13.1.6 In addition to the requirements of subsection 13.1.2, every cage in which a Dog or puppy is kept shall: Animal Control and Licencing Bylaw No. 6908-2012 21 (a) have a floor with an impermeable surface or such flooring as is approved by the Animal Control Officer; and (b) be constructed: i) to support the weight of the Dog or puppy without bending; and ii) so that it can be cleaned and sanitized. 13.1.7 Every cage in which Birds are kept shall: (a) be constructed of materials which are impervious to moisture and easy to clean and disinfect; (b) have a removable, impermeable bottom; and (c) be of sufficient size to enable each Bird to fully extend its wings in all directions. 13.1.8 In addition to the requirements of subsection 13.1.7, every cage in which Finches or Canaries are kept shall: (a) contain two (2) perches, mounted so as to encourage flight between each perch; and (b) have adequate space for the Birds to sit comfortably when all Birds are perched at the same time. 13.2 Duties of a Pet Store Operator – Segregation of Ill or Injured Animals 13.2.1 Every Pet store operator shall provide an area for the segregation of Animals which are injured, ill, or in need of special care, treatment or attention, from other Animals in the Pet store. 13.2.2 In addition to the provisions of subsection 13.2.1, every Pet store operator who has an Animal in his care, which is, or appears to be, suffering from a disease transmittable to humans or other Animals, shall: (a) immediately notify the Medical Health Officer; and (b) ensure that such Animal is kept isolated from healthy Animals, until it has been determined by the Medical Health Officer that such Animal is free from the disease in questions. 13.2.3 Where an operator has received notice from the Medical Health Officer in accordance with subsection 13.2.2, that the Animal: Animal Control and Licencing Bylaw No. 6908-2012 22 (a) is diseased, the Pet store operator must not permit such Animal to come into contact with, or be in danger of transmitting the disease to, other Animals; or (b) is suffering from an incurable disease, the Pet store operator must make arrangements to have it immediately destroyed in a manner approved by the Medical Health Officer. 13.3 Duties of Pet Store Operator – Veterinary Care 13.3.1 Every Pet store operator shall: (a) post in a conspicuous place, and make accessible to all employees of the Pet store, the name and telephone number of a veterinarian who may be contacted to provide all necessary services; and (b) ensure that: i) any Animal which is ill or injured is promptly examined and treated by a veterinarian; and ii) any necessary euthanasia and disposal of an Animal is performed by, or under the supervision of, a veterinarian. 13.4 Duties of Pet Store Operator – Pet Store Register 13.4.1 Every Pet store operator shall: (a) Keep and maintain a legible Pet store register in the Pet store, containing a record of all transactions in which Animals have been acquired or disposed of by the Pet store; and (b) provide the Pet store register for the inspection at the request of a Animal Control Officer and provide copies of any entries required by the Animal Control Officer. 13.4.2 Each transaction recorded in the Pet store shall be retained for at least twelve (12) months from the date of the transaction. 13.4.3 The Pet store register required under subsection 13.4.1 shall contain the following information in respect of each Animal acquired by the Pet store operator: (a) the name of the person or company from whom the Animal was acquired; (b) the date of purchase or acquisition; Animal Control and Licencing Bylaw No. 6908-2012 23 (c) a description of the sex and color of the Animal purchased or acquired and, where applicable, the tattoo or microchip or other identifying markings; (d) the date the Animal was sold or otherwise disposed of by the Pet store operator; and (e) where an Animal has been disposed of other than by sale, the method and reason for such disposal. 13.5 Duties of Pet Store Operator – Information Provided to Purchasers 13.5.1 Every Pet store operator shall, at the time an Animal is sold, provide the purchaser with a written record of sale containing the following information: (a) a description of the Animal, including its breed or cross breed, sex, age, color and markings; (b) the date of sale; (c) the name and address of the Pet store; (d) a description of any tattoo; and (e) a record of all vaccinations. 13.5.2 For all Rabbits, Dogs or Cats sold, a Pet store operator shall, in addition to the information required under subsection 13.5.1, provide the purchaser with a certificate, dated and signed by a veterinarian: (a) verifying the health of the Rabbit, Dog or Cat; (b) indicating proof of inoculation and de-worming; and (c) indicating Animal has been Altered. (d) For each sled dog offered for sale, a life cycle plan for each sled dog must be prepared by the Pet Store Operator in accordance with BC Sled Dog Regulations. 13.5.3 Every Pet store operator shall, at the time an Animal is sold, provide the purchaser with written instructions on the proper care and feeding of the Animal, including: (a) appropriate diet, including any special dietary needs; (b) proper handling techniques; Animal Control and Licencing Bylaw No. 6908-2012 24 (c) basic living environment and type of enclosure, if applicable, including appropriate temperature, lighting, humidity control, or other requirements specific to the Animal; (d) exercise needs, if any; and (e) any other care requirements to maintain the health and well-being of the Animal. 13.5.4 For all Reptiles sold, a Pet store operator shall, in addition to the information required under subsections 13.5.1 and 13.5.3 provide the purchaser with written information regarding the risks of contracting salmonella and measures to prevent such contraction. 13.6 Duties of Pet Store Operator – Reptiles 13.6.1 Every Pet store operator shall: (a) place a notice outside of each enclosure holding a Reptile clearly setting out the following information: i) the type of species, identified by both common and scientific (Latin) name, contained in the enclosure; ii) the approximate length the Reptile will reach on maturity, measured from snout to tail; iii) the maximum natural life-span of the Reptile; and (b) post signs in any area where Reptiles are displayed with information regarding the risks of contracting salmonella and measures to prevent such contraction. 13.7 Pet Store Operator – Prohibitions 13.7.1 A Pet store operator shall not: (a) confine incompatible species in the same cage; (b) separate any Animal from its mother prior to it being weaned, except for Birds which have been separated for the purpose of hand feeding; and (c) sell, offer to sell, or display to the public i) any Prohibited Animal; ii) any Reptile which is not Captive Bred; Animal Control and Licencing Bylaw No. 6908-2012 25 iii) any Animal whose color has been altered or enhanced with dye, whether applied externally or by ingestion; iv) any Animal which suffers from or exhibits signs of an infectious disease, a nutritional deficiency, parasitism, fractures or congenital deformities; or v) any Unaltered Animal. Part 14 Offence and Penalty 14.1 Every person who violates a provision of this bylaw, or who consents, allows or permits an act or thing to be done in violation of a provision of this bylaw, or who neglects to or refrains from doing anything required to be done by a provision of this bylaw, is guilty of an offence and is liable to the penalties imposed under this bylaw, and is guilty of a separate offence each day that a violation continues to exist. 14.2 Every person who commits an offence is liable on summary conviction to a fine or to imprisonment, or to both a fine and imprisonment, not exceeding the maximum allowed by the Offence Act. Schedules Schedule A – Annual Dog Licence Fees Schedule B – Prohibited Areas Schedule C - Off Leash Areas Schedule D - Application for Release of Aggressive Dog Schedule E - Prohibited Animals Animal Control and Licencing Bylaw No. 6908-2012 26 READ A FIRST TIME on October 23, 2012 READ A SECOND TIME on October 23, 2012 READ A THIRD TIME on October 23, 2012 ADOPTED by the Council on[Date] PRESIDING MEMBER CORPORATE OFFICER Animal Control and Licencing Bylaw No. 6908-2012 27 Schedule A - Fees & Charges 1. Dog licence fees shall be as follows: Paid BEFORE Jan 31 of the current calendar year Paid AFTER Jan 31 of the current calendar year (a) Unaltered Dog $52.00 $68.00 (b) Unaltered Dog (Seniors Discount) $26.00 $34.00 (c) Altered Dog $25.00 $41.00 (d) Altered Dog (Seniors Discount) $12.50 $20.50 (e) Aggressive Dog $200.00 $270.00 2. A Dog that is licenced under section 1 (a) qualifies for a rebate of $27.00 if a Certificate of Castration/Ovariohysterectomy is provided as proof from a registered veterinarian. Such proof must be provided within the calendar year in which the fees were paid. 3. A Dog purchased or obtained on or after July 1, which is subsequently licenced within thirty (30) days of purchase, may qualify for a licence fee of $12.50 for an Altered Dog and $26.00 for an Unaltered Dog with proof of Castration/Ovariohysterectomy and proof of purchase or proof of when the Dog was acquired. 4. A fee of $5.00 will be charged for: a. replacing a lost Dog tag; b. transferring a Dog licence from one Owner to another; c. transferring a Dog licence from a deceased Dog to a new Dog; and d. transferring a Dog licence from another District to Maple Ridge. Impound fees 1. For a licenced Dog: (a) First Impoundment $50.00 (b) Second Impoundment $75.00 (c) Third Impoundment $150.00 Animal Control and Licencing Bylaw No. 6908-2012 28 Schedule A - Fees & Charges 2. For an Unlicenced Dog: (a) First Impoundment $75.00 (b) Second Impoundment $150.00 (c) Third Impoundment $300.00 3. For each Dangerous or Aggressive Dog: (a) First Impoundment $500.00 (b) Second Impoundment $1000.00 4. For an altered Cat or unaltered Cat $30.00 minimum 5. For any Livestock $50.00 per day, per Animal 6. For any Poultry $10.00 per day, per Animal 7. For any Rabbit $10.00 per day, per Animal Maintenance Fees (Boarding while Impounded) In addition to the impound fees set out above, the Dog Owner shall be charged a maintenance fee of: 1. For each Dog $15.00 per day, after the first day 2. For each Cat $5.00 per day, after the first day 3. For each Poultry $10.00 per day, after the first day 4. For any Rabbit $10.00 per day, after the first day 5. For any Livestock $25.00 per day, after the first day Animal Control and Licencing Bylaw No. 6908-2012 29 Schedule B – Prohibited Areas Pursuant to section 6.5.1(a), Dogs are prohibited in the following areas: 1. In, on, or within 5 meters of: (a) Playgrounds (b) Sports Fields (c) Municipal Golf Courses (d) Tennis or Basketball Courts (e) Wading Pools (f) Recreational Swimming Beaches (g) Food Service Areas or Concessions (h) Picnic Eating Areas and Picnic Shelters (i) Municipal and Public Buildings (including daycares, recreation, and community centres) 2. Haney Wharf Park Animal Control and Licencing Bylaw No. 6908-2012 30 Schedule C - Off Leash Areas Pursuant to section 6.5.1 (b), (c), a Commercial Dog Walker is permitted to walk in the following parks or public trails during the posted park or trail operating hours. Pursuant to section 6.1 a maximum of three (3) Dogs per Owner are permitted off leash and under immediate control of an Owner. 1. Jerry Sulina Park (13200 210 St) 2. Volker Park (21113 123 Ave) 3. Albion Fairground Park (23778 104 Ave) 4. Other areas so designated by the District from time to time provided there is adequate signage stating and designating the area of the “Off Leash Park.” Animal Control and Licencing Bylaw No. 6908-2012 31 Schedule D - Application for Release of Aggressive Dog I,____________________________________________________________________,of (name of Owner) ________________________________________________________________________ ________________________________________________________________________ (address of Owner) In the District of Maple Ridge, British Columbia, hereby apply for the release of a: ________________________________________________________________________ (breed, colour and sex of Dog) Named: ________________________________________________________________________ (given name of Dog) (the “Dog”) which has been Impounded pursuant to the District of Maple Ridge Animal Control and Licencing Bylaw, in force from time to time. 1. I am the Owner of the Dog. 2. I am aware that the Dog is an “Aggressive Dog” within the meaning prescribed by the Bylaw and I am aware of the responsibility and potential liability that rests with me in keeping or harbouring the Dog. 3. In consideration of the release of the Dog to me, I hereby acknowledge, covenant and agree with the District: (a) that I have constructed on the premises where the Dog will be kept an “enclosure” within the meaning prescribed by the Bylaw; (b) that I will at all times when the Dog is not effectively muzzled, on a leash and under the care and control of a person competent to control the Dog indoors or within a securely closed and locked enclosure; (c) that I will save harmless and indemnify the District, its Animal Control Officers and any of its other officers, employees, agents or elected or appointed officials from and against any and all actions, causes of action proceedings, claims, demands, losses, damages, cost of expenses whatsoever and by whomsoever brought relating to the release of the Dog to me or the keeping or harboring of the Dog by me, and without limiting the generality of the foregoing, for any personal injury or death inflicted on any other Animal or any person by the Dog or any damage to property caused by the Dog, and I am aware that if the Dog is ever again to be found At Large or not confined as herein before provided, that the District may Animal Control and Licencing Bylaw No. 6908-2012 32 seize the Dog and I will be liable for costs of impounding and the Dog as an Aggressive Dog under the Bylaw. 4. I submit herewith the sum of $_____________ in payment for all licence and impounding fees payable by me pursuant to the Bylaw. __________________________________ Signature of Owner Animal Control and Licencing Bylaw No. 6908-2012 33 Schedule E - Prohibited Animals 1. All Animals whose importation, possession or sale is prohibited because they are designated as protected or endangered pursuant to an International, Federal, or Provincial law, regulation or agreement. 2. All Venomous or Toxic Animals (which includes retiles and arachnids), regardless of whether the venom glands have been removed. 3. The following Reptiles: (a) All snakes that reach a length of two (2) meters or more on maturity and the following snakes i. amethyst python (Morelia amethistina); ii. burmese python (pyton molarus bivittatus); iii. reticulated python (python reticulates); iv. african rock python (python sebae sebae); v. green anaconda (eunectes murinus); and vi. yellow anaconda (eunectes notaeus) (b) All lizards that reach a length of one (1) meter or more (measured from the snout to tail) on maturity and the following lizards: i. african nile monitor (varanus nilticus); ii. asian water monitor (varanus salvator); iii. papuan monitor (varanus salvadorii); iv. common green iguana (iguana iguana); and v. tatara (spheodonitida) (c) All crocodilians (such as alligators, crocodiles, caimans and ghariel) (d) All aquatic turtles; and (e) All tiger salamanders and axolotyls (mexican salamanders or “walking fish”). 4. All arachnids falling under the conventional classification of “old world”; 5. All bullfrogs; 6. All scorpions, except the pandinus species; 7. All millipedes, centipedes, mantids, stickbugs, and madagascar hissing cockroaches. Animal Control and Licencing Bylaw No. 6908-2012 34 8. The following species: (a) Canidae, (wolves, jackals, foxes and hybrids there of), except the domestic Dog (b) Cetacean, (beluga whale, orca whale, dolphin) (c) Chiroptera, (bats, including flying foxes) (d) Edentates, (anteaters, sloths and armadillos) (e) Elephantidae, (elephants) (f) Erinacidae, except the African pigmy hedgehog (g) Felidae, except the domestic Cat (h) Hyaenidae (hyenas) (i) Lagomorphs (Rabbits, hares and pikas), except the domestic Rabbit (j) Marsupials (kangaroos, opossums and wallabies), except sugar gliders derived from self-sustaining captive populations (k) Mustelidae (mink, skunks, otters, badgers and weasels), except the domestic ferret (l) Pinnipeds, (seals, fur seals and walruses) (m) Primates (gorillas, chimpanzees, lemurs and monkeys) (n) Procyonidea (raccoons, coatimundi and cacomistles) (o) Raptors, diurnal and nocturnal (eagles, hawks, owls, osprey, falcons, kites, vultures and buzzards) (p) Ratites (ostriches, rheas and cassowaries) (q) Rodentia (porcupines and prairie Dogs), except rodents which do not exceed 1,500 grams and are derived from self-sustaining captive populations (r) Ursidae (bears) (s) Viverridae (mongoose, civets and genets) ** the Animals listed in brackets are examples only and do not limit the generality of the listed class of species. District of Maple Ridge COMMITTEE OF THE WHOLE MEETING MINUTES November 19, 2012 1:00 p.m. Council Chamber PRESENT Elected Officials Appointed Staff Mayor E. Daykin J. Rule, Chief Administrative Officer Councillor C. Ashlie K. Swift, General Manager of Community Development, Councillor C. Bell Parks and Recreation Services Councillor J. Dueck P. Gill, General Manager Corporate and Financial Services Councillor A. Hogarth F. Quinn, General Manager Public Works and Development Councillor M. Morden Services C. Carter, Director of Planning ABSENT C. Marlo, Manager of Legislative Services Councillor B. Masse Other Staff as Required C. Goddard, Manager of Development and Environment Services R. Acharya, Planner D. Spence, Fire Chief/Director of Safety M. Van Dop, Acting Assistant Fire Chief F. Armstrong, Manager of Corporate Communications Note: Councillor Dueck was not in attendance at the start of the meeting. She joined the meeting at 2:05 p.m. 1. DELEGATIONS/STAFF PRESENTATIONS 1.1 Communications Department Update The Manager of Corporate Communications gave a PowerPoint presentation outlining the goals of the Communications Department and highlighting projects worked on annually and those planned for 2013. 1100 Committee of the Whole Minutes November 19, 2012 Page 2 of 7 2. PUBLIC WORKS AND DEVELOPMENT SERVICES Note: The following items have been numbered to correspond with the Council Agenda: 1101 2012-091-RZ, 24285 130 Avenue and 24365 130 Avenue, RS-3 to R-2 Staff report dated November 19, 2012 recommending that Maple Ridge Zone Amending Bylaw No. 6949-2012 to permit future subdivision in an Eco-cluster type development be given first reading and that the applicant provide further information as described in Schedules B, F and G of the Development Procedures Bylaw No. 5879-1999 and a subdivision application. The Manager of Development and Environmental Services gave a Power Point presentation providing the following information: • Application Information • Neighbourhood Context • OCP Context • Site Characteristics • Preliminary Site Plan RECOMMENDATION That the staff report be forwarded to the Council Meeting of November 27, 2012. 1102 RZ/013/10, 22875 132 Avenue, property east of 22875 132 Avenue, 22942 and 22850 136 Avenue, RS-3 and CD-3-98 to R-1, RST, R-3, RS-1b and P-1 Staff report dated November 19, 2012 recommending that Maple Ridge Official Community Plan Amending Bylaw No. 6724-2010 to amend conservation boundaries, add a neighbourhood park and relocate an equestrian trail be given first and second reading and be forwarded to Public Hearing and that Maple Ridge Zone Amending Bylaw No. 6725-2010 to permit a future subdivision of 76 lots be given second reading and be forwarded to Public Hearing. The Manager of Development and Environmental Services gave a Power Point presentation providing the following information: • Application Information • Neighbourhood Context Committee of the Whole Minutes November 19, 2012 Page 3 of 7 • OCP Context • Site Characteristics • Eco-cluster Development Plans • Subdivision Plans RECOMMENDATION That the staff report be forwarded to the Council Meeting of November 27, 2012. 1103 2011-097-RZ, 12025 203 Street and 20337 Dewdney Trunk Road, RS-1 to RM-2 Staff report dated November 19, 2012 recommending that Maple Ridge Zone Amending Bylaw No. 6852-2011 to permit future construction of a four-storey building with 22 apartments with an underground parkade be given second reading and be forwarded to Public Hearing. The Manager of Development and Environmental Services gave a Power Point presentation providing the following information: • Application Information • Neighbourhood Context • OCP Context • Site Characteristics • Proposed Site Plan • Proposed Underground Parking Plan • Elevations • Landscape Plan • Proposed Renderings Andrea Scott, Applicant Representative Ms. Scott advised that due to the size of the site and the requirements of parking, the applicant had no alternative other than underground parking. She advised on materials to be used on the proposed buildings. RECOMMENDATION That the staff report be forwarded to the Council Meeting of November 27, 2012. Committee of the Whole Minutes November 19, 2012 Page 4 of 7 1104 RZ/044/09, 11213 and 11247 240 Street, Housing Agreement Bylaw No. 6954-2012 Staff report dated November 19, 2012 recommending that a Housing Agreement to allow apartment as a principal use on condition that all of the proposed 16 residential units remain as rental housing be authorized and further that 11213 and 11247 240 Street Housing Agreement Bylaw No. 6954-2012 be given first, second and third readings. The Planner gave a Power Point presentation providing the following information: • Application Information • Neighbourhood Context • OCP Context • Preliminary Site Plans RECOMMENDATION That the staff report be forwarded to the Council Meeting of November 27, 2012. 1105 2011-015-RZ, 11959 203 Street, Housing Agreement Bylaw No. 6953-2012 Staff report dated November 19, 2012 recommending that a Housing Agreement to allow apartment as a principal use on condition that all of the proposed 16 residential units remain as rental housing be authorized and further that 11959 203 Street Housing Agreement Bylaw No. 6953-2012 be given first, second and third readings. The Manager of Development and Environmental Services gave a Power Point presentation providing the following information: • Application Information • Neighbourhood Context • OCP Context • Preliminary Site Plan RECOMMENDATION That the staff report be forwarded to the Council Meeting of November 27, 2012. Committee of the Whole Minutes November 19, 2012 Page 5 of 7 1106 2011-055-DVP, 11461 and 11475 236 Street Staff report dated November 19, 2012 recommending that the Corporate Officer be authorized to sign and seal 2011-055-DVP to reduce front yard setbacks, allow for an increase in building height and allow for the retention of an above ground utility company plant across the 236 Street frontage. The Manager of Development and Environmental Services gave a Power Point presentation providing the following information: • Application Information • Neighbourhood Context • OCP Context • Site Characteristics • Site Plan • Elevations RECOMMENDATION That the staff report be forwarded to the Council Meeting of November 27, 2012. 1107 2011-055-DP, 11461 and 11475 236 Street Staff report dated November 19, 2012 recommending that the Corporate Officer be authorized to sign and seal 2011-055-DP in support of the construction of 53 townhouses under the RM-1 (Townhouse Residential) zone. The Manager of Development and Environmental Services gave a Power Point presentation providing the following information: • Application Information • Neighbourhood Context • OCP Context • Site Characteristics • Site Plan • Elevations • Landscape Plans RECOMMENDATION That the staff report be forwarded to the Council Meeting of November 27, 2012. Committee of the Whole Minutes November 19, 2012 Page 6 of 7 1108 Fraser Sewer Area – Request to include 24426 102 Avenue Staff report dated November 19, 2012 recommending that the Greater Vancouver Sewerage and Drainage District Board of Directors be requested to approved expansion of the Fraser Sewer Area boundary to include property at 24426 102 Avenue and that the developer be allowed to proceed with final reading without confirmation of inclusion at the developer’s risk. RECOMMENDATION That the staff report be forwarded to the Council Meeting of November 27, 2012. 3. FINANCIAL AND CORPORATE SERVICES (including Fire and Police) 1131 Disbursements for the month ended October 31, 2012 Staff report dated November 19, 2012 recommending that the disbursements for the month ended October 31, 2012 be approved. RECOMMENDATION That the staff report be forwarded to the Council Meeting of November 27, 2012. 1132 Vacant/Abandoned Building Bylaw Staff report dated November 19, 2012 recommending that Maple Ridge Vacant/Abandoned Building Bylaw No. 6958-2012 to set out requirements for owners of vacant/abandoned buildings to secure the buildings be given first, second and third readings. Acting Assistant Fire Chief Van Dop provided an overview the provisions of the bylaw. He advised that the bylaw will be reviewed in one year and will be brought back before Council should changes be recommended. Fire Chief Spence provided clarification on specific issues raised by Council. RECOMMENDATION That the staff report be forwarded to the Council Meeting of November 27, 2012. Committee of the Whole Minutes November 19, 2012 Page 7 of 7 4. COMMUNITY DEVELOPMENT AND RECREATION SERVICES 1151 Downtown Update Staff report dated November 12, 2012 recommending that the Potential Action Outcomes of the Healthy, Safe and Vibrant Downtown document be endorsed as a first step in the engagement process with downtown business. The General Manager of Community Development, Parks and Recreation Services reviewed the report. RECOMMENDATION That the staff report be forwarded to the Council Meeting of November 27, 2012. 5. CORRESPONDENCE – Nil 6. OTHER ISSUES – Nil 7. ADJOURNMENT – 3:00 p.m. 8. COMMUNITY FORUM – Nil ___________________________________ A. Hogarth, Acting Mayor Presiding Member of the Committee District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: November 19, 2012 and Members of Council FILE NO: 2012-091-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: First Reading Maple Ridge Zone Amending Bylaw No. 6949-2012 24285 130 Avenue and 24365 130 Avenue EXECUTIVE SUMMARY: An application has been received to rezone the subject property from RS-3 (One Family Rural Residential) to R-2 (Urban Residential District) in an Eco-Cluster type development. To proceed further with this application, additional information is required as outlined below. 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. RECOMMENDATIONS: That Zone Amending Bylaw No. 6949-2012 be given First Reading; and That the applicant provides further information as described on Schedules B, F and G of the Development Procedures Bylaw No. 5879 – 1999 and a subdivision application and its required supporting documentation. DISCUSSION: a) Background Context: Applicant: Bowings & Dyer Management Inc. Owner: Gordon W Smith, Ann Smith and Ping Tsang Legal Description: Lot: 13, Section: 27, Township: 12, NWD Plan: 2622; and Lot: 14, Section: 27, Township: 12, NWD Plan: 2622 OCP: Existing: Eco-Cluster Zoning: Existing: RS-3 (One Family Rural Residential) Proposed: R-2 (Urban Residential District) 1101 - 2 - Surrounding Uses: North: Use: Vacant Zone: RS-3 (One Family Rural Residential) Designation: Conservation and Eco-Cluster South: Use: Vacant Zone: RS-3 (One Family Rural Residential) Designation: Conservation, Eco-Cluster and Civil Lands East: Use: Vacant Zone: RS-3 (One Family Rural Residential) Designation: Conservation, Eco-Cluster and Open Space West: Use: Single Family Residential, Duplex Zone: RS-3 (One Family Rural Residential) Designation: Conservation and Eco-Cluster Existing Use of Property: Single Family Dwelling and Vacant Proposed Use of Property: Single Family Residential Site Area: 4.34 Hectares Access: Through municipal property off 130th Avenue Servicing requirement: To be provided through rezoning servicing agreement b) Site Characteristics: The site is 4.34 hectares in size and is bound by an unopened 130th Avenue road Right-Of-Way on the south. At present, there is not public access to these properties as 130th Avenue needs to be constructed eastward in order for the development to proceed. As well, 130th Avenue needs to be extended to the northeast through properties owned by the District of Maple Ridge to allow for site access. The development site has steep slopes along its southern and western boundaries and is located in the Horse Hamlet of the Silver Valley Area Plan which forms part of the Official Community Plan. c) Project Description: The applicant has requested to rezone the site from RS-3 (One Family Rural Residential) Zone to R-2 (Urban Residential District) Zone in an Eco-Cluster development site with lots of not less than 315 m2. The western portion of the property would remain in its current zoning of RS-3 (One Family Rural Residential) to respect the conservation boundary of Cordin Creek. The subdivision plan for the remaining developable property has yet to be determined however, it is anticipated there will be single family lots accessed off an internal street pattern from the future 130th Avenue road. At this time, the application has been assessed to determine its compliance with the Official Community Plan and to provide a land use assessment only. Detailed review and comments will need to be made once a complete application package has been received. Such assessment may impact proposed lot boundaries, yields, Official Community Plan designations, Bylaw particulars, and may require additional development permit applications. d) Development Guidelines: While subdivision plans proposals received to date are not consistent with the key design principles for Eco-Cluster developments within the Silver Valley Area Plan, as stated in section 5.4 of the Maple Ridge Official Community Plan Bylaw No. 6425-2006, a subdivision plan with the following principles will need to be developed: - 3 -  Eco-Clusters are intended to provide development opportunities in sparsely developed or rural areas, in a cluster form which supports sensitive implementation, minimal site regrading and tree clearing, and integration of housing into a forest setting;  Eco-Clusters are located in areas where topography is difficult, view impacts need to be minimized, and the existing rural character should be retained;  Development limits for Eco-Clusters are generally defined so as to maximize retention of existing vegetation and to limit the general disturbance of the natural setting. The actual limit of the developable areas is to be determined upon completion of thorough physical inventory of the site. In general, development should be limited to areas where existing grades are less than 20%. Development may occur on steeper grades conditional on sensitive response to site conditions. In no instance will development be permitted when existing grades exceed 30%;  Eco-Clusters are located at the fringes of Hamlets as a transitional form of housing between hamlets and forest;  The focal point of each Eco-Cluster is a small green or parkettes which will serve as frontage for most units in the cluster;  As a means of providing a diversity of housing types, consider integrating duplex/triplex developments that have the appearance of a single larger residence into the Eco-Cluster;  Parkettes are 0.1 hectares (1/8th acre) to 0.2 hectares (1/2 acre) in size and also serve as traffic calming devices. Parkettes are natural in character and are integrated with trail, road and infrastructure systems to expand on varying open space opportunities;  Densities and housing types should be diversified within and between Eco-Clusters;  The densities of Eco-Clusters in the eastern sector should be lower than other Eco- Clusters due to limited access and the requirements for accommodating equestrian activities, i.e. pastures and stables;  An Eco-Cluster includes varying levels of density, ranging from 5 to 15 units per hectare, in the form of single and/or multi-family units, dependent on proximity to Hamlet centres, slope constraints, view impacts, and existing developments; and  Residential areas should be developed in a manner to allow a gradual and natural increase in density over time. e) Planning Analysis: Official Community Plan: The development site is located within the Silver Valley Area Plan and is currently designated Eco- Cluster. The proposed development is consistent with this land use designation. Zoning Bylaw: The current application proposes to rezone the properties located at 24285 130 Avenue and 24365 130 Avenue from RS-3 (One Family Rural Residential) to R-2 (Urban Residential District) to permit single family lots. Any variations from the requirements of the proposed zone will require a Development Variance Permit application. Development Permits: Pursuant to Section 8.10 of the Official Community Plan, a Natural Features Development Permit application is required for all development and subdivision activity to ensure the preservation, protection, restoration and enhancement for the natural environment and for development that is protected from hazardous conditions for: - 4 -  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; and  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. Within the Silver Valley Area Plan, the Conservation areas are shown on Figures 2, 3 and 4. Development Information Meeting: A Development Information Meeting is required for this application. Prior to Second Reading the applicant is required to host a Development Information Meeting in accordance with Council Policy 6.20. f) Interdepartmental Implications: In order to advance the current application, after First Reading, comments and input will be sought from the various internal departments and external agencies listed below: a) Engineering Department; b) Operations Department; c) Fire Department; d) Parks Department; e) School District; f) Utility companies; 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. g) Early and Ongoing Consultation: In respect of Section 879 of the Local Government Act for consultation during an Official Community Plan amendment, it is recommended that no additional consultation is required beyond the early posting of the proposed OCP amendments on the District’s website, together with an invitation to the public to comment. h) Development Applications: In order for this application to proceed the following information must be provided as required by Development Procedures Bylaw No. 5879 – 1999 as amended: 1. A complete Rezoning Application (Schedule B); 2. Watercourse Protection Development Permit Application (Schedule F); 3. Natural Features Development Permit Application (Schedule G); and 4. Subdivision Application. - 5 - 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. It is recommended that Council not require any further additional OCP consultation. It is expected that once complete information is received, Maple Ridge Zone Amending Bylaw No. 3510-1985 will be amended and an Official Community Plan Amendment for Conservation boundary adjustment may be required. The proposed subdivision 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. “Original signed by Ingrid Milne” _______________________________________________ Prepared by: Ingrid Milne Planning Technician "Original signed by Christine Carter" _______________________________________________ Approved by: Christine Carter, M.PL, MCIP Director of Planning "Original signed by Frank Quinn" _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services "Original signed by J.L. (Jim) Rule" _______________________________________________ Concurrence: J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Zone Amending Bylaw 6949-2012 Appendix C – Site Context Plan City of Pitt Meadows District of Langley District of MissionFRASER R. ^ DATE: Nov 15, 2012 2012-091-RZ BY: JV 24285/24365-130 Ave CORPORATION OF THE DISTRICT OF MAPLE RIDGE P L A N NIN G D E P A RT M E N T2415 12436 52415 02407 02428 02408 52428 5 130 A V E . 5 P 2622 4 P 2622 18 14 P 2622 P 2622 12 20 P 2622 19 15 BCP 36495 7 6 21 13 Subject Properties ´ Scale: 1:2,500 APPENDIX A CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6949-2012 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. 6949-2012." 2. Those parcels or tracts of land and premises known and described as: Lot 13 Section 27 Township 12 New Westminster District Plan 2622 Lot 14 Section 27 Township 12 New Westminster District Plan 2622 and outlined in heavy black line on Map No.1578 a copy of which is attached hereto and forms part of this Bylaw, are hereby rezoned to R-2 (Urban 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 , A.D. 20 . _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX B 241512436513139 1314713186 2415013129 2407012974 242802408513157 24285130 AVE.SHOESMITH LOOP132 AVE.SHOESMITH CRES.5 P 2622 4 P 2622 P 11128SL16 P 2622 18 P 2622 22 8 14 P 2622 16 PARK P 2622 12 20 P 2622 19 15 P 2622 17 3 PARK BCP 36495 7 6 2 21 1 BCP 24019 A 13 BCP 24019BCP 37126P 2622 P 2622RW 584 30BCP 24 894 BCP 2 5 4 2 4 RW 584 30 MILL ST.´ SCALE 1:3,500 MAPLE RIDGE ZONE AMENDING Bylaw No. Map No. From: To: RS-3 (One Family Rural Residential) R-2 (Urban Residential District) 6949-20121578 APPENDIX C District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: November 19, 2012 and Members of Council FILE NO: RZ/013/10 FROM: Chief Administrative Officer MEETING: C of W SUBJECT: First and Second Reading Maple Ridge Official Community Plan Amending Bylaw No.6724 - 2010 and Second Reading Maple Ridge Zone Amending Bylaw No.6725 – 2010 22875 132 Avenue, property east of 22875 132 Avenue, 22942, and 22850 136 Avenue EXECUTIVE SUMMARY: An application has been received to rezone the subject property from RS-3 (One Family Rural Residential) and CD-3-98 (Comprehensive Development) to: R-1 (Residential District); R-3 (Special Amenity Residential District); RST (Street Townhouse Residential); RS-1b (One Family Urban (Medium Density) Residential) and P-1 (Park and School) to permit a future subdivision of 76 lots in two phases for the development of single family residential, street townhouse, one agricultural lot and a neighbourhood park. This application requires amendments to the Official Community Plan to amend the Conservation boundaries, to add Neighbourhood Park, and to relocate the Equestrian Trail. RECOMMENDATIONS: 1. That Maple Ridge Official Community Plan Amending Bylaw No. 6724-2010 be given First and Second Readings and be forwarded to Public Hearing; 2. That in accordance with Section 879 of the Local Government Act opportunity for early and on- going consultation has been provided by way of posting Official Community Plan Amending Bylaw No. 6724 - 2010 on the municipal website and requiring that the applicant host a Development Information Meeting, and Council considers it unnecessary to provide any further consultation opportunities, except by way of holding a Public Hearing on the bylaw; 3. That Maple Ridge Official Community Plan Amending Bylaw No . 6724 - 2010 be considered in conjunction with the Capital Expenditure Plan and Waste Management Plan; 4. That it be confirmed that Maple Ridge Official Community Plan Amending Bylaw No. 6724 - 2010 is consistent with the Capital Expenditure Plan and Waste Management Plan; 1102 - 2 - 5. That Zone Amending Bylaw No. 6725 - 2010 be given Second Reading and be forwarded to Public Hearing; and 6. That the following terms and conditions be met prior to Final Reading. i. Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of a security, as outlined in the Agreement; ii. Amendment to Part VI, Figure 2 (Land Use Plan), 3A (Blaney Hamlet) and Figure 4 (Trails / Open Space) of the Silver Valley Area Plan of the Official Community Plan; iii. Road dedication on 132 Avenue, as required; iv. Park dedication as required, including construction of walkways, trails and emergency access road; v. Consolidation of the development site; vi. Registration of a geotechnical report as a Restrictive Covenant at the Land Title Office which addresses the suitability of the site for the proposed development; vii. Department of Fisheries and Oceans approval for in-stream works and creek crossing in the southwest corner of the site , if required; viii. Approval from the appropriate authorities for septic disposal for the agricultural lot; ix. The developer provide a voluntary monetary contribution for the future development of an equestrian trail connection between 132 Avenue and the east/west trail being developed in Blaney Hamlet to the north of the ALR boundary; x. Pursuant to the Contaminated Site Regulations of the Environmental Management Act, the Developer will provide a Site Profile for the subject lands. DISCUSSION: a) Background Context: Applicant: Damax Consultants Ltd (Dave Laird) Owner: Insignia Homes Silvervalley Ltd Legal Description: Lot 2, Section 29, Township 12, NWD, Plan 14756; West 7.8 chains of NE ¼ Section 29, Township 12, except part subdivided by Plan 32932, NWD; and Lots 76 and 80, Section 32, TP 12, NWD, Plan BCP27885. - 3 - OCP: Existing: Eco Cluster, Conservation, Agricultural Proposed: Eco Cluster, Conservation, Agricultural, Neighbourhood Park Zoning: Existing: RS-3 (One Family Rural Residential), CD-3-98 (Comprehensive Development) Proposed: R-1 (Residential District), R-3 (Special Amenity Residential District), RST (Street Townhouse Residential), RS-1b (One Family Urban (Medium Density) Residential) and P-1 (Park and School) Surrounding Uses North: Use: Single Family Residential Zone: CD-3-98 (Comprehensive Development) Designation Eco-Cluster South: Use: Single Family Residential Zone: RS-3 (One Family Rural Residential) Designation: Agricultural East: Use: Single Family Residential, Park Zone: RST (Street Townhouse Residential), RS-3 (One Family Rural Residential) Designation: Eco-Cluster, Conservation West: Use: Vacant, under application for Eco-Cluster development (SD/096/07) Zone: RS-3 (One Family Rural Residential) Designation: Eco-Cluster, Conservation Existing Use of Property: Vacant, previously Single Family Residential Proposed Use of Property: Single-Family Residential, Street Townhouse Residential, Single Family Rural Residential, Agricultural, and Neighbourhood Park Area: 13.9 hectares (34.4 acres) Access: 132 and 136 Avenues Servicing: Urban Standard for Eco-Cluster development, Rural Standard for agricultural lot. Companion Applications: SD/013/10, DP/013/10, VP/013/10, 2012-089-DP, 2011-085-SD Previous Applications: RZ/070/06, SD/070/06 b) Project Description: The area to be developed is bounded by 136 Avenue on the north and has a panhandle to 132 Avenue on the south. The south portion of the site is located and will remain in the Agricultural Land Reserve (ALR) but will be subdivided from the Eco-Cluster development. The northwest corner of the development area contains “Nelson Peak”, a rocky outcropping that will be preserved as a look-out area within a Neighbourhood Park. The topography of the remainder of the site slopes downward from the peak to the north, east and south. The area is mainly treed on the slopes, and tributaries - 4 - of Cattell Brook, including two pond areas, are located along the east portion of the site and across the bottom of the steep slope between the ALR and the Eco-Cluster development. The existing house on the property burned down several years ago, but some outbuildings remain on the agricultural portion of the site, and the original driveway from 132 Avenue will be incorporated into the proposed road and trail network. The property to the east is currently under construction and property to the west is under application for similar Eco-Cluster residential developments. The applicant is proposing to rezone the subject site and subdivide the lands in two phases. The first is a two lot subdivision to separate the ALR lands from the land in the Silver Valley Area Plan. The second to subdivide and develop 75 Eco-Cluster units, of which 63 are single family lots and 12 are street townhouse units (duplex-type units) and a Neighbourhood Park on the lands north of the ALR boundary. The residential development proposed for this site is aligned with the Eco-Cluster designation as defined in the Silver Valley Area Plan. To provide a variety of lot sizes and housing types within the development, and in accordance with the Silver Valley Area Plan, the following four zones are proposed:  R-1 (Residential District) to permit the subdivision of45 lots;  R-3 (Special Amenity Residential District) to permit the subdivision of 17 lots;  RS-1b (One Family Urban (Medium Density) Residential) to permit the subdivision of 1 lot; and  RST (Street Townhouse Residential) to permit the subdivision of 12 lots. The Neighbourhood Park, with an area of 3450m², will be zoned P-1 (Park and School) and the land will be purchased by the District for future development by the Parks Department. The lot to the south, in the ALR portion of the site, will retain its existing RS-3 (One Family Rural Residential) zoning, and will retain the existing access from 132 Avenue via the panhandle. As per the Eco-Cluster guidelines, each lot fronts and backs onto green space and pockets of development are located to protect existing vegetation and provide view corridors. The access for the development is a long cul-de-sac from 136 Avenue. The proposed roads on the site will meet the intent of the Silver Valley Road Classifications for Eco-Cluster developments. They are adapted to the site topography and are more rural in character with a reduced right-of-way, reduced pavement widths, and parking pull-outs where suitable. An emergency access road will be constructed to connect this development with the similar Eco-Cluster developments to the east and west. The right-of-way for the emergency access road will follow a portion of the old driveway, and where it crosses the bottom of the site, it will also incorporate the equestrian trail and sanitary sewer right-of-way. The site is bounded by Cattell Brook on the east and south sides with a pond in the southeast corner, and setbacks of 30 metres have been established from the top-of-bank of these features. Steep slopes surround the developable portion of the site, including the area known as Nelson Peak on the northwest side of the site. The watercourse setback and slope areas will be dedicated as Park. Running concurrently with this application are the two Subdivision applications; an Environmental Development Permit for watercourse and natural features protection; a Multi-Family Residential Development Permit for the two RST (Street Townhouse Residential) four-plex buildings; an Intensive - 5 - Residential Development Permit for the R-3 (Special Amenity Residential District) zoned lots. The applicant has requested a Development Variance Permit for some of the R-1 (Residential District) zoned lots to reduce the rear setback from 8m to 6m, and to vary the maximum height to 11m for the R-1 (Residential District), RS-1b (One Family Urban (Medium Density) Residential), and R-3 (Special Amenity Residential District) zoned lots which will be the subject of a future Council report. A Restrictive Covenant for building design will be required for the two duplex-style street townhouse buildings. Prior to the approval of the subdivision of these lands, a Local Area Servicing (LAS) Bylaw will be prepared for Council approval to ensure the future maintenance of the Parkette areas. This bylaw will be similar to the recently approved LAS bylaws for Hampstead and Formosa Plateau, which are in close proximity to the development. Background: Applications for rezoning and subdividing this site (RZ/070/06 and SD/070/06) were first received from the same applicant in August 2006 with a proposed development plan that was quite similar to the current proposal. That application received Third Reading on October 23, 2007, but subsequently expired in 2009. Discussions continued on developing the site over the next year and various development options were considered. The current proposal includes a larger park area at the highest point of the site, known as Nelson Peak, where the original house on the property was located. It will be developed as a destination lookout area with excellent views, various trail connections, road access at the end of the on-site road, and will protect the natural open space highlighted by the rocky knoll at the top. The area will be designated as Neighbourhood Park. A second subdivision application (2011-085-SD) was received in July 2011 to proceed with a lot line adjustment subdivision for the two large lots (22875 132 Avenue and the property east of 22875 132 Avenue) that will relocate the lot line to follow the ALR boundary, resulting in one lot completely in the ALR and a second lot for the land in the Silver Valley Area Plan. This “Phase One” application is nearing final approval at this time, pending approval from the Agricultural Land Commission (ALC) of covenants to protect the septic field location and the watercourse setbacks. The subdivision application (SD/013/10) received with this rezoning application will proceed when zoning is approved for the 75 Eco-Cluster lots and the Neighbourhood Park. Refer to Appendix “D” to this report for the subdivision plans. c) Planning Analysis: Official Community Plan: This application will require an amendment to the Silver Valley Area Plan of the Official Community Plan to amend the boundaries between Eco-Cluster and Conservation, to add the Neighbourhood Park designation, and to amend the location of the Horse Trail. This Eco-Cluster development is one of only a few Silver Valley sites to date that has required rezoning in addition to a subdivision application, as most of the previous Eco-Cluster developments - 6 - have occurred on pre-zoned land. This project is consistent with the Eco-Cluster development on the adjacent site to the east, the Hampstead site, by the same developer. An Eco-Cluster is defined in the Silver Valley Area Plan as “a group of housing units, condensed within clearly defined limits, surrounded by open space and linked to other parts of the Silver Valley community by a single local road” and includes the following principles:  Condensing housing clusters within clearly defined limits;  Considering a variety of lot sizes and housing types within the overall site density;  Proposing minimal site re-grading;  Incorporating parkettes, which serve as green frontage for most units;  Maximizing retention of existing vegetation;  Limiting development to areas where existing grades are less than 20%;  Natural open spaces are connected and continuous, creating wildlife corridors;  Protecting environmentally sensitive areas through public ownership;  Retaining and enhancing unique natural features, such as rocky knolls;  Providing a variety of trails that ensure linkages and connections to surrounding amenities. The plan recognizes that the areas designated as Eco-Cluster often have steep slopes and the intent is to encourage lots that take advantage of areas with slopes less than 20% grade by clustering development in these areas and leaving the steeper sloped areas in a forested condition. This development approach requires minimal site re-grading. The Plan vision is for a fairly rural type of development that is sensitive to all aspects of the environment, including views, watercourses, environmental features, tree preservation, and connected and continuous natural open spaces. Parkettes are to be incorporated into the road right-of-ways on the site plan as a frontage focal point for the housing unit clusters. This development site straddles the Silver Valley Area Plan and the OCP lands, southwest of the Blaney Hamlet. It is designated Eco-Cluster and Conservation in the Silver Valley Area Plan and Agricultural in the OCP. Approximately 59% of the site (excluding the ALR lands) will be dedicated as Park. Within the Eco-Cluster a long cul-de-sac road is proposed with three Parkettes. All units, except those fronting onto 136 Avenue, will front onto Parkettes and back onto dedicated Park. The large rock out-cropping in the northwest portion of the site will be designated as Neighbourhood Park. The lot layout and road pattern are designed to follow the contours of the land and take into consideration protection of natural features such as rock out-croppings, view corridors and many large mature trees that will be retained on the site in areas dedicated as Park. Natural open spaces are connected and continuous to provide wildlife corridors in multiple locations through the site. To emphasize the rural characteristics of this Eco-Cluster development, Park areas are provided on both sides of the entrance road to this site. Roads within Eco-Clusters are designated as Rural Local Roads in the Silver Valley Area Plan. They are rural in character, adapted to the site topography, are relatively narrow, have a sidewalk on one side and drainage swales where possible, and require pockets of limited parking on pervious surfaces where possible. - 7 - The road width and on-street parking requirements for this site were carefully considered to meet the specific site conditions, the Silver Valley Area Plan road standards, and the Engineering Department and Fire Department requirements. Three road types are proposed within this development: first, an entrance road with a 7.3m paved carriageway with additional 2.1m wide pocket parking with a pervious surface where appropriate; second, parkette loop roads with a 7.3m paved carriageway that includes parking on one side; and third, a link road between parkette loops with a 7.3m paved carriageway plus 2.1m wide pocket parking with a pervious surface. Driveways will be grouped in pairs wherever possible to provide suitable areas for on- street parking. An equestrian trail is proposed to run east/west through the dedicated park area across the south end of the site. The trail will be contiguous with the trail system on proposed developments to the east and west, and will eventually connect to the existing trail network at 136 Avenue and Foreman Drive. A portion of this trail will also serve as an emergency access route providing a secondary exit for emergency purposes only and will connect with the proposed developments to the east and west. Pedestrian trails are proposed between the neighbourhood park, 136 Avenue, and the Nelson Peak road within the development site. Proposed amendment to the Official Community Plan: Although the proposed development is in compliance with the policies of the Silver Valley Area Plan of the Official Community Plan, an amendment is required to adjust the boundaries between the Eco-Cluster and Conservation land uses, and to add the Neighbourhood Park designation for the 3450m² area to be dedicated as park. The details of the boundary adjustment between Eco-Cluster and Conservation are discussed in the Environmental Implications section below. An amendment is also required to relocate the horse trail to the park area at the south end of the site, north of the ALR land. This trail will connect with new trails in proposed developments to the east and west which will then connect to the existing trail network at 136 Avenue and Foreman Drive. Densities: The proposed development site area is approximately 9.9ha (excluding the ALR lands), of which approximately 5.45ha will be dedicated as park. The proposed density of the remaining developable lands is approximately 7.6 units per hectare (before park dedication) or 16.8 units per net hectare, which is slightly more than the range set for Eco-Clusters in the Silver Valley Area Plan (5 – 15 upha). The density of the net lot area is higher due to the large amount of park land proposed for dedication, and in part, as a result of the Neighbourhood Park area being dedicated as park, rather than the large suburban single family lot that was previously proposed for that location. The Silver Valley Area Plan encourages a variety of housing types within and between Eco-Clusters and the form of development proposed here is 6 units of duplex style street townhouses, 8 units of four-plex street townhouses, 45 lots zoned R-1 (Residential District), 17 lots zoned R-3 (Special Amenity Residential District), and 1 lot zoned RS-1b (One Family Urban (Medium Density) Residential. Approximately 59% of the site (excluding the ALR lands) will be dedicated as Park. - 8 - Zoning Bylaw: The current application proposes to rezone the subject property from RS-3 (One Family Rural Residential) and CD-3-98 (Comprehensive Development) to:  R-1 (Residential District);  R-3 (Special Amenity Residential District);  RST (Street Townhouse Residential);  RS-1b (One Family Urban (Medium Density) Residential); and  P-1 (Park and School) to permit a future subdivision of 75 lots for the development of single family residential, street townhouses, and a neighbourhood park. The lot sizes of the single family lots ranges from approximately 317m² to 631m². The variety of housing types and lot sizes complies with the Eco- Cluster land use designation. The agricultural lot will retain its RS-3 (One Family Rural Residential) zoning. When this application received First Reading on March 23, 2010, a text amendment for the new RST (Street Townhouse Residential) zone was included in the Zone Amending Bylaw. This text amendment was also included in two other rezoning applications (RZ/093/06 and RZ/054/02) that were proceeding at the same time. The new RST (Street Townhouse Residential) zone was to be adopted by the first of these applications that received Final Reading, and then would no longer be required by the other two applications. On November 23, 2010, Bylaw No. 6643 – 2009 was approved by Council for RZ/054/02, and therefore approval of the RST (Street Townhouse Residential) zone is no longer required with this bylaw. Bylaw No.6725 – 2010 for this application has been amended to remove the text amendment. Proposed Variances: The applicant has requested a Development Variance Permit (VP/013/10) to reduce the rear setback from 8m to 6m for some of the R-1 (Residential District) zoned lots, and to vary the maximum height to 11m for the R-1 (Residential District), RS-1b (One Family Urban (Medium Density) Residential), and R-3 (Special Amenity Residential District) zoned lots. These variances are common requests in the past for development in Silver Valley, and are consistent with those approved for the “Silver Ridge” development to the north of this site for dwellings similar in design. The requested variances will be the subject of a future Council report. Development Permits: An Intensive Residential Development Permit is required for the R-3 (Special Amenity Residential District) lots to assess the form and character of the proposed dwellings. A Multi-Family Residential Development Permit is required for the RST (Street Townhouse Residential) lots with four-plex buildings. These two development permits are combined in one application (DP/013/10), and will be the subject of a future Council report. - 9 - A Watercourse Protection and Natural Features Development Permit is required for the preservation, protection, restoration and enhancement of the natural environment of Cattell Brook and of the natural features on the site. The details are discussed in the Environmental Implications section below. A Security will be taken as a condition of the issuance of the Development Permit to ensure that the Development Permit Area guidelines are met. Advisory Design Panel: The RST (Street Townhouse Residential) zoned lots with proposed 8 fee simple Street Townhouse units in two four-plex buildings were reviewed by the Advisory Design Panel (ADP) on September 11, 2012. The Advisory Design Panel reviewed the project and provided the following resolution that: The application be supported and the following concerns be addressed as the design develops and be submitted to Planning staff for follow up:  Consider lining up the window bays of each unit;  Consider providing detail for the boulder wall to verify there is no falling hazard;  Consider relocating maintenance access to the gates of the back yards at the edge of the boulder wall;  Consider putting boxwoods at the front of the planters (front yards only);  Consider expanding the use of the cultured stone at the ground floor. The applicant has since submitted revised plans, and these will be reflected in the final plans that will be submitted for the Multi-Family Development Permit. Development Information Meeting: Two Development Information Meetings were held for this project. The first, held on May 25, 2010, was attended by approximately 15 residents and other interested parties and the following excerpts from the minutes were provided by the applicant:  Concerns were expressed about the increase in traffic on 132 Avenue since Silver Valley has been developed. Residents inquired as to when 224 Street and 136 Avenue would be open through to 232 Street.  Concerns were expressed about the increased run-off and flooding from this site. The applicant confirmed that rigorous stormwater management systems will be installed to meet the 100 year rainfalls insuring no negative impacts on the adjacent lands.  Equestrians would like to see a Horse trail from 132 Avenue to connect to the proposed east/west trail system  Residents wanted to know when the ‘tot lot’ would be developed at Gilbert and 230A Street.  Residents were assured that the ALR portion of the site was not going to be developed.  Residents want a school in the area.  Resident inquired about a local shopping area at 132 Avenue and Silver Valley Road. It was determined by the Planning Department that a second Development Information Meeting should be held for this project because of the length of time since the first meeting and because the proposed development had changed. This meeting was held on May 10, 2012 and was attended by - 10 - approximately 20 residents and other interested parties and the following excerpts from the minutes were provided by the applicant:  The new proposal will have a public park at the Nelson lookout.  The applicant confirmed that there will be no vehicle access from 132 Avenue to the development site.  There were concerns raised that the traffic on 132 Avenue has increased considerable since Silver Valley was developed. The residents expect that traffic calming improvements should be installed on 132 Avenue soon. They were advised to contact the District.  There were concerns about increased run-off and flooding from the site. The applicant confirmed that rigorous storm detention/in-ground infiltrating systems will be installed to detain 100 year rainfalls insuring no negative impacts on the lands in the flood plain.  Several residents were very concerned that there are no parks and asked when the existing park near Brighton Townhouse site will be developed and usable by the public.  They were also concerned that there are no schools. The applicant stated he understands the school issue might be resolved soon and the proposed site at 136 Ave/231 Street could be secured for development for that purpose.  Some residents wanted clarification of the location of some of the survey pins on the site.  Equestrians want a trail connection from 132 Avenue to this Development. The applicant’s understanding is that this link maybe provided elsewhere as a condition of future developments. As a condition of rezoning for this Development, Insignia Homes will be contributing funds to the District for that purpose.  Concerns were expressed for lack of parking signs and mailboxes and construction traffic & blasting issues in general in the Silver Ridge area.  There were also concerns for increased traffic within the exiting Portrait Development. David Laird said that discussions were underway to construct the missing 136 Ave link from the east boundary of the Portrait lands through to the newly constructed road at 230A Street (Hampstead Site).  Generally, the majority of the concerns were not directly related to this application and the applicant was asked few questions about the zoning, number of lots or lot types, etc. specific to this development. d) Environmental Implications: The applicant has submitted a Watercourse Protection and Natural Features Development Permit application (2012-089-DP) and has provided an Environmental Assessment, a Geotechnical Report and an Arborist Report for the site. Stormwater/Rainwater Management and Erosion and Sediment Controls plans have been submitted for review. The site is bounded by Cattell Brook on the east and south sides with a pond in the southeast corner, and setbacks of 30 metres have been established from the top-of-bank of these features. Steep slopes surround the developable portion of the site, including the area known as Nelson Peak on the northwest side of the site. Approximately 59% of the developable area of the site (excluding ALR lands) will be dedicated as Park for watercourse setback and slope areas. The ponds in the southeast corner will be expanded, and enhancement and replanting works will be completed. A net gain in riparian area is expected upon completion of the environmental improvements on the site. - 11 - e) Agricultural Impact: With the “Phase One” subdivision application for this project (2011-085-SD), the property will be subdivided along the ALR boundary and the resulting 3.31ha agricultural lot will retain its existing RS-3 (One Family Rural Residential) zoning designation. Agricultural Land Commission (ALC) approval of the subdivision is not required because the new lot line will follow the ALR boundary. But, any restrictive covenants that restrict or prohibit the use of agricultural land for farm purposes have no effect until approved by the ALC. There are four covenants required for approval of this subdivision, as follows: minimum floodplain construction requirements; protection of three tributaries and a pond of Cattell Brook system; protection of the septic field location; and a no-build covenant on the northern lot in the Silver Valley Area plan until services are provided and approval of the future subdivision proposed with application SD/013/10. The watercourse protection and septic field protection covenants have been submitted to the ALC for their review and approval. This subdivision is expected to get final approval and be submitted for registration at the Land Title Office in the near future. There is a significant area of park dedication proposed north of the ALR boundary for protection of the Cattell Brook system and steep slopes that will provide a large buffer area between the agricultural land and the Eco-Cluster development. Therefore, no additional agricultural buffer is required to mitigate any impacts of the agricultural lands on the Eco-Cluster development. A sanitary sewer right-of-way, and all trails and access roads required for the Eco-Cluster development will be located north of the ALR lot. f) Interdepartmental Implications: Engineering Department: The Engineering Department has identified the services required in support of this development application. A Sanitary Pump station was constructed in the southeast corner of the development site with the development to the east (Hampstead) and that will also service this development until a sanitary sewer main connection can be completed through the property to the west to connect to the existing main on 136 Avenue at Foreman Drive. When that connection is completed, the pump station on this site will be removed. It will be necessary for the owner to enter into a Rezoning Servicing Agreement and post securities to do the work identified in that agreement prior to Final Reading. Comments provided by the Engineering Department include:  Construction of emergency accesses, walkways and trails are required;  A sanitary sewer must be constructed from the new on-site road to the sanitary pump station and also along the future alignment to the west where it will remain dry until it is extended through the adjacent property to 136 Avenue, at which time the pump station will be removed.  Construction of storm sewer on the emergency access road/trail to the two new detention/bio filtration ponds;  Construction of a watermain in the emergency access road/trail a the southeast corner; - 12 -  Ministry of Environment and Department of Fisheries and Oceans approval maybe required for works in and around the existing watercourses on the site. Parks & Leisure Services Department: An equestrian trail is proposed to run east/west through the dedicated park area across the south end of the site. This trail will connect with a trail on the development to the east and to a future trail in proposed developments to the west which will then connect to the existing trail network at 136 Avenue and Foreman Drive. A portion of this trail will also serve as an emergency access route providing a secondary exit for emergency purposes only that will connect with the development to the east. The Parks & Leisure Services Department have identified that after the subdivision is completed they will be responsible for maintaining the street trees. In the case of this project it is estimated that there will be an additional 75 trees which is based on one tree per lot. The final subdivision design will provide exact numbers. The Manager of Parks & Open Space has advised that the maintenance requirement of $25.00 per new tree will increase their budget requirements by $1875.00. g) School District Comments: The application was referred to the School District but no comments have been received. h) Intergovernmental Issues: Local Government Act: An amendment to the Official Community Plan requires the local government to consult with any affected parties and to adopt related bylaws in compliance with the procedures outlined in Section 882 of the Act. The amendments required for this application: to adjust the boundaries between the Eco-Cluster and Conservation land uses; to add the Neighbourhood Park designation; and to relocate the equestrian trail are considered to be minor in nature. It has been determined that no additional consultation beyond existing procedures is required, including referrals to the Board of the Regional District, the Council of an adjacent municipality, First Nations, the School District or agencies of the Federal and Provincial Governments. The amendment has been reviewed with the Financial Plan/Capital Plan and the Waste Management Plan of the Greater Vancouver Regional District and determined to have no impact. - 13 - CONCLUSION: It is recommended that First and Second Reading be given to Maple Ridge Official Community Plan Amending Bylaw No. 6724 – 2010, that Second Reading be given to Maple Ridge Zone Amending Bylaw No. 6725 – 2010, and that application RZ/013/10 be forwarded to Public Hearing. "Original signed by Ann Edwards" ___________________________________________ Prepared by: Ann Edwards, CPT Senior Planning Technician "Original signed by Christine Carter" ______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning "Original signed by Frank Quinn" _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services "Original signed by J.L. (Jim) Rule" _______________________________________________ Concurrence: J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – OCP Amending Bylaw Appendix C – Zone Amending Bylaw Appendix D-1 – Overall Subdivision Plan Appendix D-2 – 2 lot Subdivision Plan Appendix D-3 – 75 lot Subdivision Plan Appendix E – Location of Neighbourhood Park City of Pitt Meadows District of Langley District of MissionFRASER R. ^ DATE: Nov 15, 2012 FILE: RZ/013/10 BY: PC 132 AVENUE, 136 AVENUE & NELSON PEAK ROAD CORPORATION OF THE DISTRICT OF MAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTIES ´ Scale: 1:5,000 APPENDIX A CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6724 - 2010 A Bylaw to amend the Official Community Plan _______________________________________ WHEREAS Section 882 of the Local Government Act provides that the Council may revise the Official Community Plan; AND WHEREAS it is deemed desirable to amend Section 10.3. Part VI – Silver Valley Area Plan, Figures 2, 3A and 4 of the Official Community Plan; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending Bylaw No. 6724 - 2010." 2. Figures 2, 3A and 4 are hereby amended for those parcels or tracts of land and premises known and described as: Lot 2 Block 6 Section 29 Township 12 New Westminster District Plan 14756; West 7.8 chains of NE ¼ Section 29 Township 12 except part subdivided by Plan 32932, New Westminster District; Lot 76 Section 32 Township 12 New Westminster District Plan BCP27885 Lot 80 Section 32 Township 12 New Westminster District Plan BCP27885 and outlined in heavy black line on Map No. 792, a copy of which is attached hereto and forms part of this Bylaw, are hereby redesignated as shown. 3. Figure 4 is hereby amended for those parcels or tracts of land and premises known and described as: Lot 2 Block 6 Section 29 Township 12 New Westminster District Plan 14756; West 7.8 chains of NE ¼ Section 29 Township 12 except part subdivided by Plan 32932, New Westminster District; Lot 76 Section 32 Township 12 New Westminster District Plan BCP27885 Lot 80 Section 32 Township 12 New Westminster District Plan BCP27885 and shown in heavy black line on Map No. 844 a copy of which is attached hereto and forms part of this Bylaw, as added or removed from Horse Trail. 4. Maple Ridge Official Community Plan Bylaw No.6425-2006 is hereby amended accordingly. APPENDIX B 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 , A.D. 20 . ______________________________ ______________________________ PRESIDING MEMBER CORPORATE OFFICER Neighbourhood Park 132 AVE. 136 AVE.228 ST.136 AVE. ´ SCALE 1:6,000 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No. Map No. To Designate as shown below on Figures 2 & 3A 6724-2010792 ConservationPurpose: And To Designate as shown below on Figure 4 Eco Cluster Neighbourhood Park Conservation Add Trail22680 (PUMP STATION) 13619 13615 22805227582281313633 22837228492285522850228751366 0 1364 9 229631357322969 13545 13485 13640 13660 13572 229731 3 4 7 8 13542 13550 13500 2308323088231192315413176 2257122566225992267422673226992271513608 13601 13621 13661 13662 22831 228382286222876229021363 1 1365 5 1367 7 1367 9 1368 1 13557 1356322966 13465 13650 13568 13516 13565 23050231031315622536 2257922589226152265022648136 4 5 13611 22696227312273213651 13681 2282013643 228431363 0 1368 0 1364 3 136 6 7 229421356922966 13495 13503 13525 135852298213610 13630 13670 1 3 4 6 8 2299523035230442310923183135272259422691227232273913612 22811228562285022867228681362 0 1362 5 1368 6 136 7 3 2295122956229601353722975 13511 1359013620 1 3 4 7 2 13486 13508 13528 23020231062314113547 2271813612 13616 13611 13671 13 6 9 1 13622 13632 13652 228212284622850228611364 6 229451368 3 2293313475 1358213575 230552306022560225912261713613 2274713604 13613 228451362 6 1363 8 1365 0 1353122976 135782314013653 2259213605 13629 1363 7 13603 13620 13641 13602 2282613603 13623 22816228761366 8 229181363 7 136 6 1 229222295722970229471357913562 13556 13536 231291358922561226792270713631 22761/8913642 228321365 6 229101367 6 229092294813519 13680 2299013492 13555 2302122974231212 4 7 3 A 2 13 12 10 P 85759 Rem 1 1 3 10 43 42 29 30 63 65 49 16 BCP 48906 18 16 26 2 13 S 1/2 A 27 7 39 4BCP 49303PARK 36 BCP 49303 1 *LMP 30466 P 43567 P 22378 A P 11173 Rem 6 P 21068 *PP156 6 13P 20164P 13709 P 9387 BCP 4730516 6 PARK 16 9 Rem W 7.80 CHAINS 20 21 45 40 26 36 79 58 62 56 BCP 3386114 20 27 PARK 26 24 P 5185 BCP 49303 8 10 9 P 5048 30 6 35 PARKBCP 493032 EP 15509P 5116 PARK 2 P 22378 P 7855 EP 15824 P 11173 RP 17234 3 12 8 EP 16495Rem 11 PARK 21 BCP 473055 13 11 8 A 44 28 31 59 BCP 2788568 69 15 21 BCP 49303 73 3 29BCP 338617 8 PARK LMP 9042 15 RP 17267 19 B B 5 P 35419 19 P 9387 BCP 2788514 12 7 BCP 22675 24 41 39 P 32932 35 78 55 54 53 BCP 27885 67 18 BCP 29524 17 14 36 23 22 22 11 5 37 3 1 1 PARK BCP 48906 P 5116 P 38408 11 Rem 9 P 19056 Rem 1 4 P 10341B 4 2 P 10058BCP 46734 BCP 4730520 14 21 P 9387 BCP 47305 2 4 15 17 18 BCP 2788527 80 50 76 19 17 A 15 21 24 20 75 74 72 32 Rem A B P 21219 P 18410 E P 8175 7 5 29 P 11032 17 22 PARK 22 9 9 8 BCP 46734 17 22 23 33 P 14756 77 P 14756 2 25BCP 49303 23 28 2 6 BCP 49303BCP 48907 1 C P 7004 Rem A 5 P 20164 3 8 1 18 14 15 11 19 Rem. 16 B 57 Rem 1 52 51 RP 1563525 12 1 Rem B Rem. 2 Rem. 10 LMP 9042 18 A P 21068 A P 8175 A C 16 7 1 6 BCP 2788525 38 37 34 60 32 61 64 66 19 4 5 31 38 33 34 P 5048 40 P 43567 17 P 24100 P 21219 RP 11765 *PP154 A BCP 45627 BC P 4 7 3 1 0 BCP 322 5 2 BCP 22676 BCP 278 9 5 BCP 29525BCP 47308BCP 47306BCP 4 7 3 0 9 BCP 47310BCP 47307 BCP 49342BCP 48 9 0 9 BC P 4 5 6 2 7 BCP 45626 BCP 47313BCP 27887 BCP 49306 BCP 54 02 BCP 38 7 6 2 BCP 47311BCP 47310BCP 47312BCP 49304 BCP 49304 BCP 42569 BCP 48909BCP 47309BCP 47311BCP 27886 BC P 2 9 5 2 5 BCP 27893BCP 48909 BCP 30 8 7 2 BC P 2 2 6 7 7 BCP 27888 B C P 4 8 9 0 8 BCP 47308 BCP 47309BCP 27889B C P 4 9 3 0 5 BCP 48909RW 755 9 1 132 AVE. 136 AVE.228 ST.136 AVE. ´ SCALE 1:6,000 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No. Map No. To Amend Figure 4 as shown below 6724-2010844 Delete Trail Purpose: CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6725 - 2010 A Bylaw to amend the text and 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. 6725 - 2010." 3. Those parcels or tracts of land and premises known and described as: Lot 76, Section 32, Township 12, Plan BCP27885 New Westminster District Lot 80, Section 32, Township 12, Plan BCP27885 New Westminster District Lot 2, Section 29, Township 12, Plan 14756, New Westminster District and West 7.80 Chains of the North East Quarter, Section 29, Township 12, Except: Part Subdivided by Plan 32932, New Westminster District are hereby rezoned as shown on Map No. 1476, a copy of which is attached hereto and forms part of this bylaw. 4. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the 23rd day of March, A.D. 2010. PUBLIC HEARING held the day of , A.D.2010. READ a second time the day of , A.D. 2010. READ a third time the day of , A.D. 2010. RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 2010. _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX C RST ( Street Townhouse Residential) R-3 (Special Amenity Residential District) RS-1b (One Family Urban (Medium Density) Residential) 132 AVE. 136 AVE.228 ST.136 AVE. ´ SCALE 1:6,000 MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From: To: RS-3 (One Family Rural Residential) and CD-3-98 (Comprehensive Development) 6725-20101476 R-1 (Residential District) P-1 (Park and School) APPENDIX D District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: November 19, 2012 and Members of Council FILE NO: 2011-097-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Second Reading Maple Ridge Zone Amending Bylaw No.6852-2011 12025 203 Street and 20337 Dewdney Trunk Road EXECUTIVE SUMMARY: An application has been received to rezone the subject properties (Appendix A) located in west Maple Ridge, at 20337 Dewdney Trunk Road and 12025 203 Street, from RS-1 (One Family Urban Residential zone) to RM-2 (Medium Density Apartment zone), to permit a future construction of a four-storey building with 22 apartments with an underground parkade. This application is in compliance with the Official Community Plan. On November 8, 2011, Council granted First Reading to this application. RECOMMENDATIONS: 1. That Zone Amending Bylaw No. 6852-2011 be given Second Reading and be forwarded to Public Hearing; and 2. That the following terms and conditions be met prior to Final Reading. i. Approval from the Ministry of Transportation and Infrastructure; ii. Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of a security, as outlined in the Agreement; iii. Road and lane dedication as required; iv. Consolidation of the development site; v. Registration of a consolidated Geotechnical Report as a Restrictive Covenant at the Land Title Office which explicitly states (in accordance with Section 86(1)d of the “Land Title Act”) that the land may be used safely for the use intended; vi. Registration of a Restrictive Covenant at the Land Title Office protecting the Visitor Parking vii. Removal of the existing building; 1103 - 2 - viii. A disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks. If there is evidence, a site profile pursuant to the Waste Management Act must be provided in accordance with the regulations. ix. Pursuant to the Contaminated Site Regulations of the Environmental Management Act, the property owner will provide a Site Profile for the subject lands. DISCUSSION: a) Background Context: Applicant: Andrea Scott, P J Lovick Architect Ltd. Owner: Conecon Holdings Inc. Legal Description: Lot: M, D.L.: 263, Plan: 18612; PID: 003-888-053 and Lot: L, D.L.: 263, Plan: 18612; PID: 004-630-017 OCP: Existing: Major Corridor Residential (Urban Residential) Zoning: Existing: RS-1 (One Family Urban Residential) Proposed: RM-2 (Medium Density Apartment) Surrounding Uses: North: Use: Single Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Major Corridor Residential (Urban Residential) South: Use: Commercial and Dewdney Trunk Road Zone: CS-1 (Service Commercial) Designation: Commercial East: Use: Church and 203rd Street Zone: P-4 (Church Institutional) Designation: Institutional West: Use: Single Family Residential Zone: RS-1b (One Family Urban Residential-Medium Density) Designation: Major Corridor Residential (Urban Residential) Existing Use of Property: Vacant (corner lot) and single family house/rental use (western property) Proposed Use of Property: Multi-Family Residential Use (22 apartments) Site Area: 1849.99 m2 (0.45 acre) - 3 - Access: Dewdney Trunk Road Servicing requirement: Full Urban Standard Companion Applications: 2011-097-DP and DVP b) Project Description: The subject site (Appendix A) consisting of two legal lots, located on the north-western corner of 203rd Street and Dewdney Trunk Road is fairly flat and will need to be consolidated as a condition of Final Reading of rezoning. A four storey wood frame apartment building is proposed with main access from Dewdney Trunk Road, via a proposed 7.5 metre wide lane in the north-south direction (Appendix C). The lane leads into the underground parkade in the north-west corner of the site. On the east of the lane are six visitor parking stalls at grade, while all the 33 residential parking stalls are proposed in the underground parkade. The common usable open space is distributed in the south-east and north-east parts of the site. Pedestrian walkways to enhance street presence are proposed connecting the building to the Dewdney Trunk Road and the corner of 203rd Street. An indoor amenity room is also proposed in the north-west corner. Proposed building materials include: Hardie panel vertical siding; cultured stone; vegetated wall; metal canopies; double glazed windows; metal railing, fencing and gates. The south and east facades being the most prominent, have been articulated with rock columns, 3 colours of Hardie Panel and glazed surface to provide natural light into the building. To control the daylight entering the suites, the south and east facades have exterior metal louvers, as well as, trellis on the top floor and overhanging roofs and canopies. Vegetative wall features are proposed for the southern and western elevations. Sustainable features proposed for this building include the metal louvers and roof overhangs to reduce internal heat gain, as well as, low e-glazing in all the windows, a low albedo light colored roof to reduce heat islanding, low flow fixtures in the suites, as well as ample landscaping around the building to also reduce storm water runoff into the municipal system. The proposed landscaping (Appendix E) is complimentary to the building and the site, designed to enhance the pedestrian experience. Main pedestrian walkway across the south side of the lot connects the building with additional accesses to the individual ground floor units. The landscaping includes a stone wall that wraps 3 sides of the site, with the North side having a concrete wall with a metal fence. c) Planning Analysis: Official Community Plan: The subject sites (Appendix A) are designated “Major Corridor Residential’ within the Urban Residential Designation of the Official Community Plan. Dewdney Trunk Road and 203 Street are both identified as major corridors in Figure 4 of the Official Community Plan. The objective of this designation is to manage residential growth through infill and intensification in a manner that respects neighbourhoods and the existing physical character of the surrounding areas. - 4 - The Major Corridor Residential designation is characterized by the following: a) is not within the Town Centre Area or a neighbourhood with an Area Plan; b) has frontage on an existing Major Road Corridor as identified on figure 4 of the Official Community Plan or has frontage on a road built in whole or part to a collector, arterial, TransLink Major road or Provincial Highway standard; c) may be adjacent to Community Commercial Node or designated Commercial Centre. This proposal complies with a) and b) above as it lies outside the Town Centre Area and outside a neighbourhood with an Area Plan and has frontage on 203 Street which is identified as a Major Road Corridor on figure 4 of the Official Community Plan. The Major Corridor Residential designation supports a variety of ground oriented housing forms such as single detached dwellings, garden suites, duplexes, triplexes, fourplexes, townhouses, apartments or small lot intensive residential, subject to compliance with the Major Corridor Infill policies. The existing area north of the subject site is in transition, with current older single family houses which are anticipated to redevelop to higher density forms in the future. This application is hence dedicating a lane that is anticipated to project northward, along the western property boundaries to serve all the northern properties, when they re-develop. The lane system will, once completed, allow for traffic movement to and from these lands in a comprehensive, organized and safe manner. Zoning Bylaw: The proposed RM-2 zone (Medium Density Apartment) is intended for low low-rise apartment type of housing form that is intended to be a 3 to 5 storey with central access to all the units and underground parking. A maximum density of 1.8 times the net lot area is permitted. This zone requires a minimum Usable Open Space of 20% of the net lot area and a Common Activity Area of 1 m2 per unit. The RM-2 zone (Medium Density Apartment), specifies a 7.5 metre setback from all property boundaries. Maximum permitted height in this zone must not exceed 4 storeys and 15.0 metres. This proposal complies with most of these requirements except for some variances for the building and underground parkade wall setbacks. Proposed Variances to the RM-2 zone Some setback variances for the building facade, from the new western property boundary (after lane dedication) and from the eastern property boundary are required to support this design. In addition to this minor setback variance for the retaining wall of the ramp leading to the underground parkade, along the northern and western boundaries, are also being sought by the applicant. The details of these variances will be discussed in a future Council report. A Development Variance application has been received and is being reviewed. - 5 - Maple Ridge Off-Street Parking & Loading Bylaw #4350-1990: The proposed RM-2 zone (Medium Density Apartment) requires 1.5 spaces per unit for residential parking and 0.2 spaces per unit for visitors, requiring a total of 33 residential stalls and 5 visitor stalls. The proposal complies with the bylaw and shows 33 stalls (including 10% small cars and one handicapped stall) in the underground parkade. In addition to this, six visitor parking stalls (including one small car stall) are proposed at grade, east of the proposed lane (Appendix C). 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. This will be the subject of a future Council report. Advisory Design Panel: On October 9, 2012, this proposal was reviewed by the Advisory Design Panel. The panel was generally in support of the proposed form, character and colours. The following resolution was passed by the panel:  Consider adding windows in the bathrooms located on the west elevation, as well as the green wall;  Consider increasing the depth of the entrance lobby larger;  Consider creating means of better natural lighting in Unit C and Unit C1;  Consider realigning the street trees so they align better with the onsite trees;  Consider relocating the children’s play area right up against the parking amenity and relocating the bench to the other side of the amenity area;  Consider relocating the children’s play area to the north east corner of the site to improve the access to the play area;  Consider extending a view hedge across the transformer;  Consider additional patio trees;  Consider continuing the taxis hedge around all unit frontages and edges of the unit gardens;  Consider a screen along the north elevation around the children’s play;  Provide expansion of sidewalk width at the corner of Dewdney Trunk Road and 203 Street to avoid conflicts between pedestrians and curb let down;  Consider making the opening to the upper floor lobby larger  Review the stone work on the elevation  Review the exit stairs for the parkade  Review the pathway for the west exit (facing north)  Provide separation of the mechanical and electrical rooms  Consider additional trees along the lane frontage which may require shifting of the stairwell and visitor parking to provide room for the additional lane trees - 6 -  Consider pulling the handicapped ramp south from Unit D to provide separation between this access and the units bedrooms  Consider eliminating the trellis vines on the 4th Floor and replace with a more detailed architectural trellis  Provide details of the green wall including access for its maintenance The project architect has completed the revisions to address all the resolution items stated above. These have been forwarded to the panel for review. This will be discussed in a future Development Permit report for Council consideration. Development Information Meeting: A Development Information Meeting was deemed necessary for this proposal as it sits on one of the important intersections within the west Maple Ridge area. On Tuesday, November 06, 2012 the applicant and his consultant team conducted a Development Information Meeting at the Maple Ridge Alliance Church, 20399 Dewdney Trunk Road, from 6:00 to 8:00 pm. An opportunity was given to neighbours or other interested residents to understand the proposal and voice their concerns. This meeting was attended by 8 people from this neighbourhood, including the immediate neighbours on the west and the highlights of this meeting are summarized below:  General consensus of the overall building design, modern look and aesthetics was positive;  There seemed to be positive support to the corner being re-developed and the existing house being demolished and site cleaned to be replaced by an apartment building;  Positive anticipation was seen that the neighbourhood could potentially increase in value with the northern properties in transition (future redevelopment);  A concern was expressed about the existing high traffic at the intersection of 203 rd Street and Dewdney Trunk Road, but the proposed new lane system was perceived positively in helping to alleviate this concern;  The immediate neighbor on the west was interested in some sort of buffer (sand barrier) between the proposed new lane and their property and raised a question about pedestrian traffic in front of the building and the busy corner. d) Interdepartmental Implications: Engineering Department: The Engineering Department reviewed the proposal and determined that all the required off-site services do not exist. The deficient services required will need to be provided through a Rezoning Servicing Agreement. The location and width of the proposed new lane was finalized based on discussions with the Engineering Department staff. Parks & Leisure Services Department: The Parks & Leisure Services Department have identified that after the proposed development is completed they will be responsible for maintaining the street trees. In the case of this project it is - 7 - estimated that there will be 7 additional trees which is based on the landscaping plan attached (Appendix E). The Manager of Parks & Open Space has advised that the maintenance requirement of $25.00 per new tree will increase their budget requirements by $175.00. Fire Department: The Fire Department has reviewed the proposal and the comments have been sent to the applicant, to be included in the Building Permit drawings at a later date. Building Department: The Building Department has reviewed the proposal and their comments have been sent to the project architect. Most of the concerns will be addressed through the Building Permit drawings. For areas where excavation encroaches beyond property lines, encroachment agreements from neighbouring property owners must be in place prior to Building Permit issuance. e) School District Comments: A referral was sent to the School District Office and there was no response received. f) Intergovernmental Issues: Ministry of Transportation & Infrastructure: The subject site is within 800 metres of a controlled intersection of the Lougheed Highway, therefore a referral was sent to the Ministry of Transportation & Infrastructure on September 17, 2012. On October 04, 2012, a preliminary approval for one year, pursuant to Section 52(3) (a) of the Transportation Act, from the Ministry of Transportation & Infrastructure was received. g) Citizen/Customer Implications: The affected parties/citizens have had an opportunity to attend the Development Information Meeting on November 06, 2012. They will also get an opportunity to express any concerns at the Public Hearing. - 8 - CONCLUSION: The development proposal is located at an important intersection in west Maple Ridge area and will serve as a gateway to future development along 203rd Street. The 7.5 meter wide lane will serve as a great traffic-reliever for 203rd Street and this proposal is anticipated to trigger development of this lane to be further expanded as properties to the north re-develop. The proposal complies with the Official Community Plan. It is recommended that Second Reading be given to Maple Ridge Zone Amending Bylaw No. 6852-2011 and that application 2011-097-RZ be forwarded to Public Hearing. "Original signed by Rasika Acharya" _______________________________________________ Prepared by: Rasika Acharya, B-Arch, M-Tech, UD, LEED® AP, MCIP, RPP Planner "Original signed by Charles R. Goddard" _______________________________________________ Approved by: Christine Carter, M.PL, MCIP Director of Planning "Original signed by Frank Quinn" _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services "Original signed by J.L. (Jim) Rule" _______________________________________________ Concurrence: J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Zone Amending Bylaw 6852 - 2011 Appendix C – Proposed Site Plan & Underground parkade plan Appendix D – Proposed Building Elevations Appendix E – Proposed Landscape Plan and details City of Pitt Meadows District of Langley District of MissionFRASER R. ^ DATE: Nov 15, 2012 2011-097-RZ BY: JV 20337 Dewdney Trunk Rd 12025-203 St CORPORATION OF THE DISTRICT OF MAPLE RIDGE P L A N NIN G D E P A RT M E N T20325121112028420319120252032120337120652037020318121052030612092 12110 P 76062 A 1 H C P 18612L J 2 Rem M A 37 B P 33111P 18612LMP 34007 38 P 77583 K Subject Properties ´ Scale: 1:1,000 APPENDIX A CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6852-2011 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. 6852-2011." 2. That/Those parcel (s) or tract (s) of land and premises known and described as: Lot “M” Except Firstly: Part Road on Plan 71641; Secondly: Part Road on Plan 80491; District Lot 263 Group 1 New Westminster District Plan 18612 Lot “L” District Lot 263 Group 1 New Westminster District Plan 18612 and outlined in heavy black line on Map No. 1538 a copy of which is attached hereto and forms part of this Bylaw, are 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 8th day of November, A.D. 2011. READ a second time the day of , A.D. 2012. PUBLIC HEARING held the day of , A.D. 2012. READ a third time the day of , A.D. 2012. APPROVED by the Minister of Transportation this day of , A.D. 20 . RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 20 . _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX B 12099 2032512111 2039812071 202842031912025 2039912096 2032112125 2029812122 12075 12083 1206511961 12119 12135 120792025012091 12095 2033712065 2037012087 12067 1198520318 2028412105 203902028520270202801195920306 12092 12110IRVING ST.DEWDNEY TRUNK ROAD 203 ST.204B ST . 119 AVE. P 75684 P 76062 A BEPP 20037 1 H G P 83237 RP 17121 Rem 1 C P 12828BCP 163172 P 1861245 B 17 14 BCP 30389 P 61704 47 LMP 9825 L J P 41572 1 51 2 LMP 33673Rem M A 44 A 37 44 19 74 7 B 46 LMP 33673P 3311145 P 41572 LMP 34007 18 15P 18612LMP 34007 38 16 50 1 P 77583 P 72496 K P 72496 1 49 48 P 72496 1 C 20 2 RW 21843 RW 18394 LMP 34018LMP 27218LMP 38261 (lease)LP 77624LMP 40540 (lease)LMP 34018LMP 1279 RW 6 1 7 0 5 BCP 11895EP 76063LMP 34008 BCP 25878 (lease)RW 80490RW 80491EP 69207LMP 44481 (lease)LMP 37752 (ease.)LMP 1280 EP 69207 LMP 38298 (lease)LMP 27219LMP 5692 * LMP 34008 LMP 5692EP 23007 LMP 44665 (lease) RW 19482 DEWDNEY TRUNK ROAD ´ SCALE 1:2,000 MAPLE RIDGE ZONE AMENDING Bylaw No.Map No. From: To: 6852-20111538RS-1 (One Family Urban Residential) RM-2 (Medium Density Apartment Residential) District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: November 19, 2012 and Members of Council FILE NO: RZ/044/09 FROM: Chief Administrative Officer MEETING: COW SUBJECT: Housing Agreement Bylaw No. 6954-2012 11213 and 11247 240 Street EXECUTIVE SUMMARY: This application to rezone the properties located at 11213 and 11247 240th Street (Appendix A) from RS-3 (One Family Rural Residential zone) to C-1 (Neighbourhood Commercial zone) to permit construction of a two storey mixed-use building with commercial units on main floor and residential rental apartments above (Appendix C), is currently at Third Reading. A site specific text amendment accompanies the rezoning application to allow apartment as a permitted principle use on condition that all of the proposed 16 residential units remain as rental housing. Therefore, a condition of Final Reading is the registration of a Housing Agreement for rental units. A Housing Agreement Bylaw must be approved by Council under the authority of Section 905 of the Local Government Act, R.S.B.C 1996, c. 323, to authorize this Agreement. RECOMMENDATIONS: 1. That a Housing Agreement, under the provisions of Section 905 of the Local Government Act, R.S.B.C 1996, c. 323 be authorized along with its accompanying covenant; and further 2. That 11213 and 11247 240th Street Housing Agreement Bylaw No. 6954-2012 be given First, Second and Third Readings. DISCUSSION: a) Background Context: The ability for the District to enter into a Housing Agreement with an owner of land is derived from Section 905 of the Local Government Act, R.S.B.C 1996, C. 323, which states: (1) A local government may, by bylaw, enter into a housing agreement under this section. (2) A housing agreement may include terms and conditions agreed to by the local government and the owner regarding the occupancy of the housing units identified in the agreement, including but not limited to terms and conditions respecting one or more of the following: a) the form of tenure of the housing units; b) The availability of these units to classes of persons identified in the agreement; c) The Administration and management of the housing units; and d) Rents and Lease, sale and share prices that may be charged. 1104 - 2 - District’s intention of ensuring that the 16 units on the subject site remain as rental housing options for our citizens, in perpetuity, falls under item 2(a) stated above. Items b-d above are not applicable to this project and do not apply. b) Desired Outcomes: This Housing Agreement will restrict the 16 units proposed on the subject site, as rental units in perpetuity and will run with the land regardless of a change in ownership, and will be enforceable by the District. c) Citizen Implications: This Housing Agreement will help add quality rental housing options for the citizens of Maple Ridge and allow the District to enforce the conditions under Section 905 of the Local Government Act, R.S.B.C 1996, c. 323. CONCLUSION: The proposed 16 rental units range from 794 ft2 to 1672 ft2 in area and would add to quality rental stock in the District, upon completion. The Final Reading on rezoning and the Development Permit reports are anticipated to be considered by Council at the December 11, 2012 Council Meeting, along with the Final Reading of Housing Agreement Bylaw No. 6954 -2012. It is recommended that First, Second and Third Readings be given to 11213 and 11247 240th Street Housing Agreement Bylaw No. 6954 -2012 (Appendix B) in support of the rezoniong application RZ/044/09. "Original signed by Rasika Acharya" _______________________________________________ Prepared by: Rasika Acharya, B-Arch, M-Tech, UD, LEED® AP, MCIP, RPP Planner "Original signed by Christine Carter" _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning "Original signed by Frank Quinn" _______________________________________________ Approved by: Frank Quinn, MBA, P. Eng GM: Public Works & Development Services "Original signed by J.L. (Jim) Rule" _______________________________________________ Concurrence: J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendiz B - Housing Agreement Bylaw No. 6954 -2012 Appendix C –Site Plan showing the mixed-use building City of Pitt Meadows District of Langley District of MissionFRASER R. ^ DATE: Nov 15, 2012 2009-045-RZ BY: JV 11213/11247-240 St CORPORATION OF THE DISTRICT OF MAPLE RIDGE P L A N NIN G D E P A RT M E N T 2 3 8 3 6 11 3 4 0 1 1 0 8 7 2386 8 2387 2 11 299 11 356 11 362 11 303 11 3 4 6 2 3 8 3 3 2384 1 11 3 6 0 2387 8 11 099 11 320 pu mp sta . 11 350 2403 5 11 3 1 2 11 3 3 8 2 3 8 3 2 11 3 7 0 2384 42385 72384 8 2387 9 11 263 11 363 11 310 11 3 5 8 23 8 4 5 11 3 3 0 2385 82389 3 2389 2 2388 2 1113 3 11 213 11 247 11118 / 5 4 1118 4 11 300 11 355 11 363 11 3 5 2 11 3 7 0 2 3 8 2 0 2 3 8 3 7 11 333 11 336 11 315 11 325 11 3 1 8 11 3 2 6 11 3 3 2 11 3 6 6 11 3 5 0 2384 9 1 1 0 9 3 1118 5 11 250 11 328 2 3 8 2 6 2 3 8 4 0 2392 02398 5 11 306 2386 3 2387 1 2388 5 2386 2 2388 42389 9 11 302 11 316 2403 0K A NA K A W AY LA N E 240 A S T.11 3 AV E .238 S T.240 S T. 11 3 A A V E . 24 30 PARK PARK LMP 33797N 1/2 of S 1/2 B N 1/2 B 10 22 6 19 12 17 20 37 S 1/2 of S 1/2 B RP 3659 BCP 15941BCP 22865Rem 1 30 23 21 26 29 P 19825 P 26163 2 BCP 2286523 20 LMP 24722 17 27 22 BCP 50702 14 B 5 3 BCP 20580B 27 24 18 Pcl. 'P' 16 21 PARKRP 3659 RP 6260 P 223471 4 3 9 P 17613 NWP5589 22 LMP 24722 23 28 21 19 11 38 C 5 2 8 6 31 26 29 28 LMP 264835 PARK 19 LMP 3379720 13 15 16 D 6 P 26163 1 25 25 RP 1224 LMP 337 9 7 LMP 337 9 7 18 18 EP 15665 P 19825 RP 3659 4 9 7 8 S 150' of 1 2 BCP 2058021 Subject Properties ´ Scale: 1:2,500 APPENDIX A CORPORATION OF THE DISTRICT OF MAPLE RIDGE Bylaw No.6954 -2012 A Bylaw to authorize the District of Maple Ridge to enter into a Housing Agreement for 11213 and 11247 240 th Street WHEREAS pursuant to Section 905 of the Local Government Act, R.S.B.C 1996, c. 323, as amended, Council may, by bylaw, enter into a housing agreement under that Section; AND WHEREAS Council and MICA Properties Ltd wishes to enter into a housing agreement for the subject property at 11213 and 11247 240th Street; 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 “11213 and 11247 240th Street Housing Agreement Bylaw No. 6954-2012”. 2. By this Bylaw Council authorizes the District to enter into a housing agreement with Gold Leaf Enterprises Ltd, in respect to the following land: Lot: 5, Section: 16, TP: 12, NWD Plan: 26163; PID: 002-328-569; and Lot: 6, Section: 16, TP: 12, MWD Plan: 26163; PID: 008-272-123 3. The Mayor and Corporate Officer are authorized to execute the housing agreement and all incidental instruments on behalf of the District of Maple Ridge. 4. Schedule A, attached to this Bylaw, is incorporated into and forms part of this Bylaw. 5. This bylaw shall take effect as of the date of adoption hereof. READ a first time the day of A.D. 2012. READ a second time the day of A.D. 2012. READ a third time the day of A.D. 2012. RECONSIDERED AND FINALLY ADOPTED, the day of A.D. 2012. _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX B - 1 - SECTION 219 COVENANT AND HOUSING AGREEMENT (RZ/044/09) BETWEEN: GOLD LEAF ENTERPRISESLTD 11133 163A ST SURREY BC V4N 4R8 (hereinafter called the "Covenantor") OF THE FIRST PART AND: THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE , a district municipality incorporated under the Local Government Act, R.S.B.C. 1996, c.323 and having its office at 11995 Haney Place, Maple Ridge, BC V2X 6A9 (hereinafter called the "District") OF THE SECOND PART AND: TD CANADA TRUST (hereinafter called the "Lender") OF THE THIRD PART WHEREAS: A. The Covenantor is the registered owner of or has an equity of redemption in certain lands situate in the Municipality of Maple Ridge in the Province of British Columbia, and more particularly known and described as: Lot: 5, Section: 16, TP: 12, NWD Plan: 26163; PID: 002-328-569; and Lot: 6, Section: 16, TP: 12, MWD Plan: 26163; PID: 008-272-123 (hereinafter called the "Lands"). B. The District wishes to provide a range of housing options within its jurisdiction. C. The Covenantor and the District wish to enter into this Agreement to restrict the use of housing units to be constructed on the Lands, on the terms and conditions of this - 2 - Agreement, to have effect as both a covenant under section 219 of the Land Title Act and a housing agreement under section 905 of the Local Government Act. D. The District has adopted a bylaw under Section 905 of the Local Government Act to authorize this Agreement as a housing agreement. NOW THEREFORE in consideration of the premises and the covenants herein contained, the payment of the sum of One Dollar ($1.00) paid by the District to the Covenantor, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree, pursuant to section 905 of the Local Government Act and section 219 of the Land Title Act (British Columbia) as follows: Definitions 1. In this Agreement: (a) “Dwelling Units” means all residential dwelling units located or to be located on the Lands whether those dwelling units are lots or parcels, or parts or portions thereof, into which ownership or right of possession or occupation of the Lands may be subdivided (hereinafter defined) and includes single family detached dwellings, duplexes, townhouses, auxiliary residential dwelling units, rental apartments and strata lots in a building strata plan; (b) “Lands” means the land described in Item 2 of the General Instrument and any part, including a building or a portion of a building, into which said land is subdivided; (c) “Subdivide” means to divide, apportion, consolidate or subdivide the Land, or the ownership or right to possession or occupation of the Land into two or more lots, parcels, parts, portions or shares, whether by plan, descriptive words or otherwise, under the Land Title Act, or otherwise, and includes the creation, conversion, organization or development of “cooperative units” or “shared interest in land” as defined in the Real Estate Act. Use and Occupancy Restrictions 2. All Dwelling Units on the said lands, shall only be used to provide rental accommodation and shall remain as rental accommodation in perpetuity. 3. All Dwelling Units on the said lands, shall be rented only on a month to month basis or under a residential tenancy agreement having a fixed term not exceeding three years, including any rights of renewal. 4. No Dwelling Unit may be occupied by an individual who occupies pursuant to a rental agreement that meets the requirements of section 3. - 3 - 5. The said lands shall not be Subdivided, except by means of a strata plan under the Strata Property Act that includes all of the Dwelling Units within a single strata lot. Specific Performance 6. The Covenantor agrees that because of the public interest in ensuring that all of the matters described in this Agreement are complied with, the public interest strongly favours the award of a prohibitory or mandatory injunction, or an order for specific performance or other specific relief, by the Supreme Court of British Columbia at the instance of the District, in the event of an actual or threatened breach of this Agreement. Notice of Housing Agreement 4. For clarity, the Covenantor acknowledges and agrees that: (a) this Agreement constitutes both a covenant under section 219 of the Land Title Act and a housing agreement entered into under section 205 of the Local Government Act; (b) the District is required to file a notice of housing agreement in the Land Title Office against title to the Lands; and (c) once such a notice is filed, this Agreement binds all persons who acquire an interest in the Lands as a housing agreement under section 905 of the Local Government Act. No Obligation to Enforce 5. The rights given to the District by this Agreement are permissive only and nothing in this Agreement imposes any legal duty of any kind on the District to anyone, or obliges the District to enforce this Agreement, to perform any act or to incur any expense in respect of this Agreement. No Effect on Laws or Powers 6. This Agreement does not: (a) affect or limit the discretion, rights duties or powers of the District or the approving officer for the District under the common law or any statute, bylaw or other enactment nor does this Agreement date or give rise to, nor do the parties intend this Agreement to create, any implied obligations concerning such discretionary rights, duties or powers; (b) affect or limit the common law or any statute, bylaw or other enactment applying to the Lands; or (c) relieve the owner from complying with any common law or any statute, regulation, bylaw or other enactment. - 4 - Indemnity 7. The Covenantor hereby releases the District, and indemnifies and saves the District harmless, from and against any and all actions, causes of actions, suits, claims (including claims for injurious affection), cost (including legal fees and disbursements), expenses, debts, demands, losses (including economic loss) and liabilities of whatsoever kind arising out of or in any way due or relating to the granting or existence of this Agreement, the restrictions or obligations contained in this Agreement or the performance or non- performance by the Covenantor of this Agreement that the City is or may become liable for, incur or suffer. Priority 8. The Covenantor will do everything necessary, at the Covenantor’s expense, to ensure that this Agreement is registered against title to the Lands in priority to all liens, charges and encumbrances registered or pending registration against title to the Lands, save and except those specifically approved in writing by the District and those in favour of the District. Waiver 9. An alleged waiver of any breach of this Agreement is effective only if it is an express waiver in writing of the breach. A waiver of a breach of this Agreement does not operate as a wavier of any other breach of this Agreement. Interpretation 10. In this Agreement: (a) reference to the singular includes a reference to the plural, and vice versa, unless the context requires otherwise; (b) reference to a particular numbered section or article, or to a particular lettered Schedule, is a reference to the correspondingly numbered or lettered article, section or Schedule of this Agreement; (c) article and section headings have been inserted for ease of reference only and are not to be used in interpreting this Agreement; (d) the word “enactment” has the meaning given to it in the Interpretation Act (British Columbia) on the reference date of this Agreement; (e) reference to any enactment is a reference to that enactment as consolidated, revised, amended, re-enacted or replace, unless otherwise expressly provided; (f) reference to “party” or the “parties” is a reference to a party, or the parties, to this Agreement and their respective successors, assigns, trustees, administrators and receivers; - 5 - (g) time is of the essence; and (h) reference to a “day”, “month” or “year” is a reference to a calendar day, calendar month, or calendar year unless otherwise expressly provided. Further Acts 11. The Covenantor will do everything reasonably necessary to give effect to the intent of this Agreement, including execution of further instruments. Severance 12. If any part of this Agreement is held to be invalid, illegal or unenforceable by a court having the jurisdiction to do so, that part is to be considered to have been severed from the rest of this Agreement and the rest of this Agreement remains in force unaffected by that holding or by the severance of that part. No Other Agreements 13. This Agreement is the entire agreement between the parties regarding its subject and it terminates and supersedes all other agreements and arrangements regarding its subject. Enurement 14. This Agreement binds the parties to it and their respective successors, heirs, executors and administrators. Deed and Contract 15. By executing and delivering this Agreement each of the parties intends to create both a contract and a deed executed and delivered under seal. - 6 - CONSENT The Lender in consideration of the payment of ONE DOLLAR ($1.00) and other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged) hereby consents to the registration of the Covenant herein granted under Section 219 of the Land Title Act, running with the said lands and against the said lands in priority to the Mortgage registered under No. # (the “Lender Documents”) in the same manner and to the same effect as if it had been dated, granted and registered prior to the Lender Document. District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: November 19, 2012 and Members of Council FILE NO: 2011-015-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Housing Agreement Bylaw No. 6953-2012 11959 203 Street EXECUTIVE SUMMARY: This application to rezone the property located at 11959 203 Street from CS-1 (Service Commercial) to C-2 (Community Commercial) to permit construction of a two storey commercial and residential building is currently at Third Reading. A site specific text amendment accompanies the rezoning application to allow apartment as a permitted principle use on condition that all of the apartment residential units remain as rental housing. Therefore, a condition of Final Reading is the registration of a Housing Agreement for rental units. A Housing Agreement Bylaw must be approved by Council under the authority of Section 905 of the Local Government Act, R.S.B.C 1996, c. 323, to authorize this Agreement. RECOMMENDATIONS: 1. That a Housing Agreement, under the provisions of Section 905 of the Local Government Act, R.S.B.C 1996, c. 323 be authorized along with its accompanying covenant; and further 2. That 11959 203 Street Housing Agreement Bylaw No. 6953-2012 be given First, Second and Third Readings. DISCUSSION: a) Background Context: The ability for the District to enter into a Housing Agreement with an owner of land is derived from Section 905 of the Local Government Act, R.S.B.C 1996, C. 323, which states: (1) A local government may, by bylaw, enter into a housing agreement under this section. (2) A housing agreement may include terms and conditions agreed to by the local government and the owner regarding the occupancy of the housing units identified in the agreement, including but not limited to terms and conditions respecting one or more of the following: (a) the form of tenure of the housing units;…. b) Desired Outcomes: This Housing Agreement will restrict the six units as rental units in perpetuity and will run with the land regardless of a change in ownership, and will be enforceable by the District. 1105 - 2 - c) Citizen Implications: This Housing Agreement will increase the rental stock in Maple Ridge and allow the District to enforce the conditions under Section 905 of the Local Government Act, R.S.B.C 1996, c. 323. CONCLUSION: The applicant proposes to maintain in perpetuity 6 residential rental apartment units in exchange for site considerations. The mechanism to do so is a Covenant & Housing Agreement passed by Bylaw under Section 905 of the Local Government Act. The attached Housing Agreement Bylaw is consistent with Council policy, past practice and direction. The bylaw has also been reviewed and approved by the District’s solicitor. Therefore, it is recommended that First, Second and Third Readings be given to Housing Agreement Bylaw No. 6953 -2012. "Original signed by Charles R. Goddard" _______________________________________________ Prepared by: Amelia Bowden Planning Technician "Original signed by Christine Carter" _______________________________________________ Approved by: Christine Carter, M.PL, MCIP Director of Planning "Original signed by Frank Quinn" _______________________________________________ Approved by: Frank Quinn, MBA, P. Eng GM: Public Works & Development Services "Original signed by J.L. (Jim) Rule" _______________________________________________ Concurrence: J. L. (Jim) Rule Chief Administrative Officer AB/dp The following appendices are attached hereto: Appendix A – Subject Map Appendiz B - Housing Agreement Bylaw No. 6953 -2012 Appendix C –Site Plan City of Pitt Meadows District of Langley District of MissionFRASER R. ^ DATE: May 31, 2012 FILE: 2011-015-RZ BY: PC 11959 203 STREET CORPORATION OF THE DISTRICT OF MAPLE RIDGE PLANNING DEPARTMENT202852028411927/3 5 20318203372032111959 12025 202792030611957 11941 11961 11985 2037020390203042031920325203952029920290119 AVE.203 ST.Rem Pcl ONE RP 8346 Pcl. 1 7BCP 16317LMP 33673 LMP 33673 2 B RP 7774 RW 434 3 6 1 BCP 30389 1 P 61704 1 L LMP 34007 EP 11127 Rem 1 LMP 33673A LMP 34007 68 P 48586 P 77583 2 74 8P 12828SUBJECT PROPERTY ´ SCALE 1:1,500 APPENDIX A CORPORATION OF THE DISTRICT OF MAPLE RIDGE Bylaw No. 6953-2012 A Bylaw to authorize the District of Maple Ridge to enter into a Housing Agreement for 11959 203 Street WHEREAS pursuant to Section 905 of the Local Government Act, R.S.B.C 1996, c. 323, as amended, Council may, by bylaw, enter into a housing agreement under that Section; AND WHEREAS Council and MICA Properties Ltd wishes to enter into a housing agreement for the subject property at 11959 203 Street; 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 “11959 203 Street Housing Agreement Bylaw No. 6953- 2012”. 2. By this Bylaw Council authorizes the District to enter into a housing agreement with MICA Properties Ltd, in respect to the following land: Lot 2 District Lot 222 New Westminster District Plan BCP16317 3. The Mayor and Corporate Officer are authorized to execute the housing agreement and all incidental instruments on behalf of the District of Maple Ridge. 4. Schedule A, attached to this Bylaw, is incorporated into and forms part of this Bylaw. 5. This bylaw shall take effect as of the date of adoption hereof. READ a first time the day of A.D. 2012. READ a second time the day of A.D. 2012. READ a third time the day of A.D. 2012. RECONSIDERED AND FINALLY ADOPTED, the day of A.D. 2012. _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX B Schedule “A” to Bylaw 6953-2012 1 SECTION 219 COVENANT AND HOUSING AGREEMENT (2011-015-RZ) BETWEEN: MICA PROPERTIES LTD., (Inc. No. 512738) of 11961 203rd Street, Maple Ridge, BC V2X 4V2 (hereinafter called the "Covenantor") OF THE FIRST PART AND: THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE, a Municipality Corporation under the Local Government Act, having its offices at 11995 Haney Place, Maple Ridge, British Columbia, V2X 6A9 (hereinafter called the "District") OF THE SECOND PART AND: CANADIAN IMPERIAL BANK OF COMMERCE (hereinafter called the "Lender") OF THE THIRD PART WHEREAS: A. The Covenantor is the registered owner of or has an equity of redemption in certain lands situate in the Municipality of Maple Ridge in the Province of British Columbia, and more particularly known and described as: PID: 026-219-271 Lot 2 DL 222 Gp 1 NWD Plan BCP16317 (hereinafter called the "Lands"). B. The District is prepared to allow construction of a second storey for rental housing with a floor space greater than 50% of the ground floor as permitted in the applicable zone. C. The Covenantor and the District wish to enter into this Agreement to restrict the use of housing units to be constructed on the Lands, on the terms and conditions of this Schedule “A” to Bylaw 6953-2012 2 Agreement, to have effect as both a covenant under section 219 of the Land Title Act and a housing agreement under section 905 of the Local Government Act. D. The District has adopted a bylaw under Section 905 of the Local Government Act to authorize this Agreement as a housing agreement. NOW THEREFORE in consideration of the premises and the covenants herein contained, the payment of the sum of One Dollar ($1.00) paid by the District to the Covenantor, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree, pursuant to section 905 of the Local Government Act and section 219 of the Land Title Act (British Columbia) as follows: Definitions 1. In this Agreement: (a) “Dwelling Units” means all residential dwelling units located or to be located on the Lands whether those dwelling units are lots or parcels, or parts or portions thereof, into which ownership or right of possession or occupation of the Lands may be subdivided (hereinafter defined) and includes single family detached dwellings, duplexes, townhouses, auxiliary residential dwelling units, rental apartments and strata lots in a building strata plan; (b) “Lands” means the land described in Item 2 of the General Instrument, including any buildings now or hereafter located on the aforementioned land, and any part or a portion of such land or building into which said land or building is or may at any time be subdivided; (c) “Subdivide” means to divide, apportion, consolidate or subdivide the Lands, or the ownership or right to possession or occupation of the Lands into two or more lots, parcels, parts, portions or shares, whether by plan, descriptive words or otherwise, under the Land Title Act or the Strata Property Act, or otherwise, and includes the creation, conversion, organization or development of “cooperative interest” or “shared interest in land” as defined in the Real Development Marketing Act. Use, Occupancy, Subdivision and No Separate Sale Restrictions 2. All Dwelling Units shall only be used to provide rental accommodation and shall remain as rental accommodation in perpetuity. Schedule “A” to Bylaw 6953-2012 3 3. All Dwelling Units shall be rented only on a month to month basis or under a residential tenancy agreement having a fixed term not exceeding three years, including any rights of renewal. 4. No Dwelling Unit may be occupied except by an individual who occupies pursuant to a rental agreement that meets the requirements of section 3. 5. The Lands shall not be Subdivided, except by means of a strata plan under the Strata Property Act that includes all of the Dwelling Units within a single strata lot. Specific Performance 6. The Covenantor agrees that because of the public interest in ensuring that all of the matters described in this Agreement are complied with, the public interest strongly favours the award of a prohibitory or mandatory injunction, or an order for specific performance or other specific relief, by the Supreme Court of British Columbia at the instance of the District, in the event of an actual or threatened breach of this Agreement. Notice of Housing Agreement 7. For clarity, the Covenantor acknowledges and agrees that: (a) this Agreement constitutes both a covenant under section 219 of the Land Title Act and a housing agreement entered into under section 905 of the Local Government Act; (b) the District is required to file a notice of housing agreement in the Land Title Office against title to the Lands; and (c) once such a notice is filed, this Agreement binds all persons who acquire an interest in the Lands as a housing agreement under section 905 of the Local Government Act. No Obligation to Enforce 8. The rights given to the District by this Agreement are permissive only and nothing in this Agreement imposes any legal duty of any kind on the District to anyone, or obliges the District to enforce this Agreement, to perform any act or to incur any expense in respect of this Agreement. Schedule “A” to Bylaw 6953-2012 4 No Effect on Laws or Powers 9. This Agreement does not: (a) affect or limit the discretion, rights duties or powers of the District or the approving officer for the District under the common law or any statute, bylaw or other enactment nor does this Agreement date or give rise to, nor do the parties intend this Agreement to create, any implied obligations concerning such discretionary rights, duties or powers; (b) affect or limit the common law or any statute, bylaw or other enactment applying to the Lands; or (c) relieve the owner from complying with any common law or any statute, regulation, bylaw or other enactment. Indemnity 10. The Covenantor hereby releases the District, and indemnifies and saves the District harmless, from and against any and all actions, causes of actions, suits, claims (including claims for injurious affection), cost (including legal fees and disbursements), expenses, debts, demands, losses (including economic loss) and liabilities of whatsoever kind arising out of or in any way due or relating to the granting or existence of this Agreement, the restrictions or obligations contained in this Agreement or the performance or non-performance by the Covenantor of this Agreement that the District is or may become liable for, incur or suffer. Priority 11. The Covenantor will do everything necessary, at the Covenantor’s expense, to ensure that this Agreement is registered against title to the Lands in priority to all liens, charges and encumbrances registered or pending registration against title to the Lands, save and except those specifically approved in writing by the District and those in favour of the District. Waiver 12. An alleged waiver of any breach of this Agreement is effective only if it is an express waiver in writing of the breach. A waiver of a breach of this Agreement does not operate as a wavier of any other breach of this Agreement. Schedule “A” to Bylaw 6953-2012 5 Interpretation 13. In this Agreement: (a) reference to the singular includes a reference to the plural, and vice versa, unless the context requires otherwise; (b) reference to a particular numbered section or article, or to a particular lettered Schedule, is a reference to the correspondingly numbered or lettered article, section or Schedule of this Agreement; (c) article and section headings have been inserted for ease of reference only and are not to be used in interpreting this Agreement; (d) the word “enactment” has the meaning given to it in the Interpretation Act (British Columbia) on the reference date of this Agreement; (e) reference to any enactment is a reference to that enactment as consolidated, revised, amended, re-enacted or replace, unless otherwise expressly provided; (f) reference to “party” or the “parties” is a reference to a party, or the parties, to this Agreement and their respective successors, assigns, trustees, administrators and receivers; (g) time is of the essence; and (h) reference to a “day”, “month” or “year” is a reference to a calendar day, calendar month, or calendar year unless otherwise expressly provided. Further Acts 14. The Covenantor will do everything reasonably necessary to give effect to the intent of this Agreement, including execution of further instruments. Severance 15. If any part of this Agreement is held to be invalid, illegal or unenforceable by a court having the jurisdiction to do so, that part is to be considered to have been severed from the rest of this Agreement and the rest of this Agreement remains in force unaffected by that holding or by the severance of that part. Schedule “A” to Bylaw 6953-2012 6 No Other Agreements 16. This Agreement is the entire agreement between the parties regarding its subject and it terminates and supersedes all other agreements and arrangements regarding its subject. Enurement 17. This Agreement binds the parties to it and their respective successors, heirs, executors and administrators. Deed and Contract 18. By executing and delivering this Agreement each of the parties intends to create both a contract and a deed executed and delivered under seal. As evidence of their agreement to be bound by this Agreement, the Covenantor and the District have executed the Land Title Act Form C or D, as the case may be, attached to and forming part of this Agreement. Schedule “A” to Bylaw 6953-2012 7 CONSENT & PRIORITY The Lender in consideration of the payment of ONE DOLLAR ($1.00) and other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged) hereby consents to the registration of the Covenant herein granted under Section 219 of the Land Title Act, running with the said lands and against the said lands and the Lender hereby postpones all of its rights under the Mortgage and Assignment of Rents registered respectively under No. BP66626 and BP66627 (the “Lender Documents”) to those rights of the District under the Covenant herein in the same manner and to the same extent and effect as if the Covenant herein had been dated, granted and registered prior to the Lender Documents. 4321BCDABCD4321AA3002A30021A3001A300227501908022750190806CB12345713 SMALL CAR1110914 SMALL CARRECYCLE& GARBAGEEXISTING TWO STOREY BUILDINGBLDG AREA 296.3 M2LANDSCAPELANDSCAPELANDSCAPEACCESSCONCRETECITYSIDEWALKPAVERSSIDEWALKPAVERSSIDEWALKPAVERSSIDEWALKREVISEDRIGHT OFWAYPAVERSSIDEWALK812345678910SMALL CAR1112 13 14 151716PROPOSEDEASEMENTPROPOSED TWO STOREYMIXED USE BUILDING1.5%DOWN1.5%DOWN1.5%DOWN1.5%DOWNFINISHED FLOOR ELEV. 16 500M1216300AREA 301.29 M216450LOADINGBAY164002%SLOPE163002%SLOPE16400164002%SLOPE2%SLOPE2%SLOPE2%SLOPE550049009802007300150073005500240022904749030049005500290035205500 (TYP)60012880307519090725073005500160017003900390015001500287015003920250012007300TYP25002500250025002500250025002500250025002500250025002500250025006495250025002500250025003002500250025002500250024002400300488059508050150025003700120010073005500EVERGREENLANDSCAPESCREEN386802351524025PROPOSED SITE RECONCILIATION:CIVIC ADDRESS: 11959- 203 STREET, MAPLE RIDGE, BC V2X 4V2LEGAL DESCRIPTION: LOT 2. D.L. 222, PLAN LMP31395ZONE EXISTING: CS1ZONE PROPOSED: C-2LOT AREA:909.98 M2BUILDING AREA: 423.93 M2SITE COVERAGE ALLOWED: 70%SITE COVERAGE PROVIDED: 46.5%FLOOR AREA: COMMERCIAL MAIN LEVEL: 301.29 M2RESIDENTIAL UPPER LEVEL: 414.23 M2TOTAL:715.52 M2PARKING: COMMERCIAL:301.29 M2 ÷ 1 CAR/30 M2= 10.04 SPACESRESIDENTIAL: 6 UNITS X 1.2 CARS/UNIT = 7.2 SPACESTOTAL:= 17.24 SPACESREQUIRED:= 18 SPACESPROVIDED: 2 SMALL SPACES 12 REG. SPACES= 14 SPACES TOTALEXISTING SITE RECONCILIATION:CIVIC ADDRESS: 11961- 203 STREET, MAPLE RIDGE, BC V2X 4V2LEGAL DESCRIPTION:ZONE:C-2LOT AREA:928.88 M2BUILDING AREA: 296.30 M2SITE COVERAGE ALLOWED: 70%SITE COVERAGE PROVIDED: 31.9%FLOOR AREA: COMMERCIAL MAIN LEVEL: 296.30 M2RESIDENTIAL UPPER LEVEL: M2TOTAL: M2PARKING: COMMERCIAL:296.30 M2 ÷ 1 CAR/30 M2= 9.9 SPACESRESIDENTIAL:1 UNIT X 1.2 CARS/UNIT= 1.2 SPACESTOTAL:= 11.1 SPACESREQUIRED:= 12 SPACESPROVIDED: 1 SMALL SPACE 1 HC SPACE 15 REG. SPACES= 17 SPACES TOTALPROPOSED TOTAL PARKING RECONCILIATION:TOTAL PARKING REQUIRED TWO SITES = 18 + 12 = 30 SPACESTOTAL PARKING PROVIDED TWO SITES = 14 + 17 = 31 SPACESRECONCILIATION:PROPOSED BUILDING RECONCILIATIONLOT AREA: 909.98 M2BUILDING AREA: 423.93 M2MAIN LEVEL COMMERCIAL OCCUPANCYSERVICE AREA: 14.91 M2 ( 160.48 SQ. FT)CIRCULATION AREA: 33.15 M2 ( 356.82 SQ. FT.)CRU 101 AREA: 80.60 M2 ( 867.57 SQ. FT.)CRU 102 AREA: 84.85 M2 ( 913.31 SQ. FT.)CRU 103 AREA: 86.63 M2 ( 932.47 SQ. FT.)FLOOR AREA: 301.29 M2 (3,243.05 SQ. FT.)SECOND LEVELRESIDENTIAL OCCUPANCYCIRCULATION AREA: 44.51 M2 ( 479.1 SQ. FT.)UNIT 201 AREA: 63.81 M2 ( 686.8 SQ. FT.)UNIT 202 AREA: 60.18 M2 ( 647.8 SQ. FT.)UNIT 203 AREA: 61.80 M2 ( 665.2 SQ. FT.)UNIT 204 AREA: 59.90 M2 ( 644.7 SQ. FT.)UNIT 205AREA: 59.62 M2 ( 641.7 SQ. FT.)UNIT 206 AREA: 63.33 M2 ( 681.7 SQ. FT.)FLOOR AREA: 413.15 M2 (4,447.1 SQ. FT.)EXISTING BUILDING RECONCILIATION:LOT AREA: 928.88 M2BUILDING AREA: 296.3 M2 (3189.0 SQ.FT.)MAIN LEVEL COMMERCIAL OCCUPANCY (VETERINARY HOSPITAL) 296.3 M2SECOND LEVEL RESIDENTIAL OCCUPANCY (ONECARETAKER SUITE)NOTE:*THIS SITE PLAN IS DRAWN FROM INFORMATION PROVIDED BY SURVEY BY Wade &Associates BC Land Surveyors - FILE NUMBER H0406-01, DATED . ELEVATIONSARE GEODETIC SHOWN IN METERS. LOT DIMENSIONS ARE BASED ON GROUNDSURVEY. BEARINGS ARE ASTRONOMIC AND DERIVED FROM TOPOGRAPHIC PLANOF LOT 2 D.L. 222 GP.1 N.W.D. PLAN BCP16317 B.C.G.S. 92G.028. WHILE AREASONABLE EFFORT HAS BEEN MADE TO VERIFY THIS INFORMATION WE DO NOTCERTIFY IT TO BE CORRECT. ALL RECONCILIATION AREAS AND INFORMATIONSHOULD BE VERIFIED IN THE FIELD PRIOR TO CONSTRUCTION. Fax (604) 581.8148Tel. (604) 581.8128Suite 30010190 152A StreetGRAHAM HOFFART MATHIASEN ARCHITECTSSurrey, B.C. V3R 1J7SITE PLANA005SITE PLAN11:100G:\04-131_sk Kocheff\04-131-A005-SITE PLAN.dwg17 May 2012APPENDIX C District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: November 19, 2012 and Members of Council FILE NO: 2011-055-DVP FROM: Chief Administrative Officer MEETING: CoW SUBJECT: Development Variance Permit 11461 and 11475 236 Street EXECUTIVE SUMMARY: Development Variance Permit application 2011-055-VP has been received in conjunction with applications for Rezoning and Multi-Family Development Permit for a 53 unit townhouse development. The requested variances are to: reduce the front yard setback from a minimum of 7.5 metres to 5.1 metres for the front porch roof overhang with no additional siting exceptions; to allow an increase in building height from 10.5 metres to 11.12 metres for buildings 4 and 6, and from 2 ½ storeys to 3 storeys for buildings 4, 6 and 11; and retention of an above ground utility company plant across the 236 Street frontage. It is recommended that Development Variance Permit 2011-055-VP be approved. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal 2011-055-DVP respecting property located at 11461 and 11475 236 Street. DISCUSSION: a) Background Context Applicant: Focus Architecture Inc. Owner: Wallmark Homes 236 Ltd. Legal Description: Parcel “A” (Ex.P. 16722) Lot 4, Plan 7289 and Lot 10, Plan 21065, both of Section: 16, Township: 12, NWD. OCP: Existing: Urban Residential, Conservation Proposed: Urban Residential, Conservation Zoning: Existing: RS-3 (One Family Rural Residential) Proposed: RM-1 (Townhouse Residential) Surrounding Uses: North: Use: Townhouse Residential, Park Zone: RM-1 (Townhouse Residential), RS-3 (One Family Rural Residential) Designation Urban Residential, Conservation South: Use: Single Family Residential Zone: RS-3 (One Family Rural Residential) Designation: Urban Residential, Conservation 1106 - 2 - East: Use: Single Family Residential Zone: RS-1b (One Family Urban (Medium Density) Residential), CD-1-93 (Amenity Residential District) Designation: Urban Residential West: Use: Vacant Zone: RS-3 (One Family Rural Residential) Designation: Conservation Existing Use of Property: Single Family Residential Proposed Use of Property: Townhouse Residential Site Area: 2.807 ha (6.9 ac). Access: 236 Street Servicing requirement: Full Urban b) Requested Variances: 1. Maple Ridge Zoning Bylaw No. 3510 – 1985 Part 403, (4)(b)1) to vary the 1.25 metre siting exception to the front setback for Buildings 1, 2 and 13 for front porch roofs. The proposed siting exception is 2.4 metres, an increase of 1.15 metres. This will result in a 5.1 metre setback from the front lot line with no additional siting exceptions permitted; 2. Maple Ridge Zoning Bylaw No. 3510 – 1985 Part 6, Section 602, 7.a) to vary the maximum building height from 10.5 metres to 11.12 metres for Buildings 4 and 6, and from 2 ½ stories to 3 storeys for Buildings 4, 6 and 11; 3. Subdivision and Development Services Bylaw No. 4800-1993, Schedule A – Services and Utilities: to waive the requirement for underground wiring on 236 Street to allow the existing above-ground Utility Company plant across the 236 Street frontage to remain. c) Project Description: The development site is located on the west side of 236 Street just north of 114A Avenue, and it is comprised of two large lots with a total area of 2.8 hectares (6.9 acres). The eastern portion of the property has a developable area that is relatively flat. The applicant is proposing a 53 unit townhouse development comprised of 13 buildings. Three buildings front onto 236 Street, three are located in the centre of the strata road loop and the remaining buildings are around the perimeter backing onto the park. The western portion of the property has some steep slopes, some exceeding 25%, and watercourses that are part of the Cottonwood Creek system. The geotechnical and environmental assessments have established the requirements and setbacks for protection of these features and the area will be dedicated as Park. There is an existing strata development to the north, and the property north of that is under application for a townhouse development (RZ/022/10). The property immediately to the south is an existing large singe family residential lot with potential for redevelopment in the future and townhouse developments further south. - 3 - Running concurrently with this variance application are an application for OCP amendment and Rezoning; a Multi-Family Development Permit; and a Watercourse Protection and Natural Features Development Permit. d) Planning Analysis: The Zoning Bylaw establishes general minimum and maximum regulations for residential development. A Development Variance Permit allows Council some flexibility in the approval process. The applicant is requesting a variance to allow an increased siting exception into the front setback for the porches projecting beyond the building face on the 236 Street frontage. Each unit has a covered front porch, patio and stairs to the street which will provide better pedestrian connections to the street and a more urban interface. The main building face of these units is setback 7.6 metres from the front lot line, which complies with the required minimum setback of 7.5 metres. A siting exception of 1.25 metres is allowed for projections, such as a porch, into the front setback, which would result in a setback of 6.25 metres from the front lot line. The proposed porch roofs will be 5.1 metres from the front lot line. This is 1.15 metres more than the permitted siting exception into the front setback. The requested variance is to allow the furthest projection of the building to be 5.1 metres from the front property line, with no additional siting exceptions. A reduced front setback is consistent with most new multi-family developments. The applicant is requesting a maximum building height of 11.12 metres for Buildings 4 and 6, a variance of 0.62 metres; and a maximum of three storeys for buildings 4, 6 and 11. The RM-1 zone allows a maximum building height of 10.5 metres and 2 ½ storeys. All the buildings, except 1, 2 and 13 on 236 Street frontage, are internal to the site and have two storeys fronting the internal strata road and three storeys at the rear. Buildings 1, 2 and 13 have their front yard grades elevated from the street to present no more than 2 ½ storeys to the neighbourhood with extensive landscaping within retaining walls to provide more interest in the streetscape while helping to define both pedestrian and vehicular accesses to the site. Buildings 4, 6 and 11 with the proposed for the height variances are located on the interior of the site and are not expected to have any visual impact on the street. All buildings on the site, with the exception of Buildings 4 and 6 are less than 10.5 metres. The requested variance to increase the building height is slightly (0.12 metres) more than the 11.0 metres height proposed in revisions to the Zoning Bylaw currently underway. The proposed revisions to the Zoning Bylaw also include removing the maximum 2 ½ storey requirement and Building 11 is consistent with this proposed revision. These proposed variances are consistent with many new residential developments. The recommendation to waive the servicing requirement to allow the existing above-ground Utility company plant across the 236 Street frontage to remain is supported by Council Policy 9.05 “Conversion of Existing Overhead Utility Wiring to Underground Wiring”. A copy of Council’s policy is attached as Appendix E. e) Interdepartmental Implications: The Engineering Department supports the variance to allow the existing above-ground utility company plant to remain on 236 Street. - 4 - CONCLUSIONS: The proposed front setback and building height variances are consistent with common building practices and with setbacks and building heights permitted by variance for many new residential developments. The proposal to allow the existing above-ground utility company plant across the 236 Street frontage to remain is supported by Council Policy 9.05. It is therefore recommended that this application be favourably considered and the Corporate Officer be authorized to sign and seal Development Variance Permit 2011-055-VP. "Original signed by Ann Edwards" _______________________________________________ Prepared by: Ann Edwards, CPT Senior Planning Technician "Original signed by Christine Carter" _______________________________________________ Approved by: Christine Carter, M.PL, MCIP Director of Planning "Original signed by Frank Quinn" _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services "Original signed by J.L. (Jim) Rule" _______________________________________________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer AE / The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Site Plan Appendix C – Elevation Plans and Site Plan details for Buildings 1, 2 and 13 Appendix D – Elevation plans for Buildings 4, 6 and 11 Appendix E – Council Policy 9.05 City of Pitt Meadows District of Langley District of MissionFRASER R. ^ DATE: Jun 15, 2012 FILE: 2011-055-RZ BY: PC 11461/75 236 STREET CORPORATION OF THE DISTRICT OF MAPLE RIDGE PLANNING DEPARTMENT 11461 11470 11536 236 0 2 11347 11332 11342 11442 11506236582340811497 11523 11336 2 3 6 0 8 1150223648236411 1 5 1 3 23661234032340711355 11420 2361111375 11421 2 3 6 0 6 2 3 6 1 0 11356 2365111450234192341123 4 3 6 11475 11374 11410 11440 11365 11397 11411 2363111412 11 5 1 0 11440 2 3 4 1 8 11460 1138511501 11386 2 3 6 1 4 1 1 5 2 5 234152 3 4 2 2 11405 11346 11364 11494 11337 11431 11441 11 5 0 9 11366 11422 1 1 5 1 7 1 1 5 2 1 2341223 4 1 6 11535 11575 11354 11384 11398 11430 11496 11498 236282362111505 2363811376 11396 2 3 6 1 2 11 5 1 4 11360 11316 236 0 4 11355 11432236 ST.236 A ST.116 AVE.113 A AVE. 114 A AVE.236 ST.113 A AVE. 114 AVE. PARK EP 16722 6 SL7Pcl. 'A'SL115 2 12 1 3 26 25 20 LMP 50083 31 30 29 8 24 31 32 37 28PARK A 10 7 SL3SL224 5 6 37 36 8 BCP27984LMP 34938 LMP 34938 SL14SL91 19 2 28 LMS 1325 33 29 BCP 9604 LMP 35464 3 SL16SL85 P 21065SL18 SL21SL4 13 11 2 3 27 3 21 4 PARK 34 7 41 30 35 BCS 814 SL19 SL20CPP 21065SL22 SL26 18 15 1 BCP27984LMP 5008323 21 38 7 23 17 9 15 38 40 34 P 7289SL12 SL15 BCS 814P 21065LMS 3308SL5 17 4 22 LMP 11242 5 5 35 16 LMP 50083LMP 34 9 3 8 39 36 SL11SL10SL6SL24 16 14 4 20 18LMP 11242 33 32 6 10 11 PARK SL13SL17 BCS 814SL23 SL25 19 22 6 \\ SUBJECT PROPERTIES ´ SCALE 1:2,500 APPENDIX A Date Printed: 2009-09-23 Page 1 of 2 Policy 9.05 DISTRICT OF MAPLE RIDGE TITLE: CONVERSION OF EXISTING OVERHEAD UTILITY WIRING TO UNDERGROUND WIRING POLICY NO. 9.05 APPROVAL DATE: July 23, 1996 POLICY STATEMENT: Council will support development variance permit applications to waive the requirement of Maple Ridge Subdivision and Development Servicing Bylaw 4800-1993 as amended, to provide underground wiring on highway right of ways serviced by existing overhead utility systems, where the abutting road is required to be upgraded to an urban standard, on the following conditions: 1. The existing overhead utility system is shown on the attached plan, or 2. There is less than a total of 250 metres of contiguous redevelopment potential fronting both sides of the highway right of way designated on the Official Community Plan. Further, in those cases where undergrounding of existing overhead utility lines is required, and a development has less than 250 metres of frontage on the highway right of way, the developer will service his development with underground dips off the overhead line and deposit with the Municipality sufficient funds to achieve the required undergrounding in the future. APPENDIX E Date Printed: 2009-09-23 Page 2 of 2 Policy 9.05 District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: November 19, 2012 and Members of Council FILE NO: 2011-055-DP FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Multi-Family Residential Development Permit 11461 and 11475 236 Street EXECUTIVE SUMMARY: A Multi-Family Development Permit application has been received for the above noted development in support of the construction of 53 townhouse dwellings under the RM-1 (Townhouse Residential) zone. This application is subject to the Multi-Family Development Permit Area Guidelines as outlined in the Official Community Plan. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal 2011-055-DP respecting property located at 11461 and 11475 236 Street. DISCUSSION: a) Background Context: Applicant: Focus Architecture Inc. Owner: Wallmark Homes 236 Ltd Legal Description: Parcel “A” (ex plan 16722), Lot 4, Section 16, Township 12, NWD Plan 7289; and Lot 10, Section 16, Township 12, NWD Plan 21065 OCP: Existing: Urban Residential, Conservation Proposed: Urban Residential, Conservation Zoning: Existing: RS-3 (One Family Rural Residential) Proposed: RM-1 (Townhouse Residential) Surrounding Uses: North: Use: Townhouse Residential, Park Zone: RM-1 (Townhouse Residential), RS-3 (One Family Rural Residential) Designation Urban Residential, Conservation 1107 - 2 - South: Use: Single Family Residential Zone: RS-3 (One Family Rural Residential) Designation: Urban Residential, Conservation East: Use: Single Family Residential Zone: RS-1b (One Family Urban (Medium Density) Residential), CD-1-93 (Amenity Residential District) Designation: Urban Residential West: Use: Vacant Zone: RS-3 (One Family Rural Residential) Designation: Conservation Existing Use of Property: Single Family Residential Proposed Use of Property: Townhouse Residential Site Area: 2.807 ha (6.9 ac). Access: 236 Street Servicing requirement: Urban Standard Companion Applications: 2011-055-RZ, 2011-055-VP, 2011-123-DP(WP/NF) b) Project Description: The development site is located on the west side of 236 Street just north of 114A Avenue. The eastern portion of the property has a developable area that is relatively flat. The western portion of the property has some steep slopes, some exceeding 25%, and watercourses that are part of the Cottonwood Creek system. The geotechnical and environmental assessments have established the requirements and setbacks for protection of these features. There is an existing strata development to the north, and the property north of that is under application for a townhouse development (RZ/022/10). The property to the south of this site is an existing large singe family residential lot with potential for redevelopment in the future. The applicant is proposing to rezone the subject site from RS-3 (One Family Rural Residential) to RM- 1 (Townhouse Residential) to permit a townhouse development of 53 units on the developable portion of the site. The remainder of the site will be dedicated as Park for the protection of the slopes and watercourse areas. The original site is comprised of two large lots with a total area of 2.8 hectares (6.9 acres). After dedication of road and park, the net developable area is 1.37 hectares (3.38 acres). Running concurrently with this application are a Multi-Family Development Permit, a Watercourse Protection and Natural Features Development Permit, and a Development Variance Permit. The townhouse development is comprised of 13 buildings with two to six units per building. There are three buildings fronting 236 Street each with six units that have front porches, patios and stairs to the street. The other buildings are internal to the site with three building in the middle of the strata road loop and the remaining buildings are located around the perimeter of the site. Every unit has two parking spaces, enclosed in either a double garage or tandem garage, and 14 visitor parking spaces are provided. A playground area with a large and small play structure and benches is provided in the middle of the site, and an open area at the rear of the site provides pathways, benches and a small mound with boulders as an informal play area. Walkways are provided within the site, and two bike racks near the mail kiosk are also provided. - 3 - c) Zoning: When Council considered this application for Third Reading they expressed concerns regarding the density of the development, the large number of tandem parking spaces, the driveways were too short to allow additional parking, and there were not enough visitor parking spaces on the site. They requested that the developer reconsider the site design to address these concerns during the Development Permit application process. The developer has reviewed the project and included three additional visitor parking spaces on the site, for a total of 14 spaces. They provided the following justification for not providing any other revisions:  The site is located on a local public transportation route allowing the option of some residents to utilize these services;  52% of the overall site area has been dedicated as parkland or road. The remaining area has been further constrained by environmental and geotechnical concerns – all of which have been incorporated into the present design;  The units with tandem parking represent only 45% of the total units on the site. The remaining units all have side by side double garages. Covenants can/will be registered against the titles of the units restricting the use of the tandem garages for the storage of vehicles only. We cannot allow for, nor do we condone, the installation of illegal suites in these spaces;  We have tried, in most cases, to provide a minimum 6 ft long driveway to each unit. This provides for the “parallel parking” of a vehicle in approximately 55% of the driveways on the site. As noted at the Public Hearing the geotechnical restrictions on the site have caused us to “squeeze” the site to ensure the long term stability of the bank to the west;  We have reviewed the project both in the light of the discussions at the Public hearing, Council meetings and our own projections for the project and feel that while the density on the site may be slightly higher than the local neighbourhood expected, it is in line with the highest and best use of the property, the project conforms with the intent of the designated zoning and that every effort has been made to satisfy the municipal comments thus far. d) Planning Analysis: The proposed RM-1 (Townhouse Residential) zoning is consistent with the Major Corridor Residential Development Policies 3-18, 3-20 and 3-21 for the Urban Residential land use designation in the Official Community Plan. An Official Community Plan amendment is required to adjust the Conservation boundary on the south and west edges of the development area. The Official Community Plan designates the subject site for residential use and the proposed development is subject to the Multi-Family Development Permit Guidelines. The applicable guidelines are noted below with a brief explanation about compliance: Multi-Family Development Permit Guidelines: Applications for Development Permits will be assessed against the following key design concepts as follows: 1. New development into established areas should respect private spaces, and incorporate local neighbourhood elements in building form, height, architectural features and massing. - 4 - The buildings fronting on 236 Street have their front yard grades elevated from the street to present no more than 2 ½ storeys to the neighbourhood and have extensive landscaping within the retaining walls to provide more interest in the streetscape while helping to define both pedestrian and vehicular accesses to the site. Each unit on 236 Street has a front porch, patio and stairs to the street to provide pedestrian connectivity and a street presence for the development. Landscaping and fencing has been provided to ensure privacy between this development and the existing townhouses to the north. 2. Transitional development should be used to bridge areas of low and high densities, through means such as stepped building heights, or low rise ground oriented housing located to the periphery of a higher density developments. Consideration has been given to the transition from single family housing on the east side of 236 Street with extensive landscaping between the sidewalk and the buildings, and providing a maximum of 2 ½ storey elevations at the front of the development. 3. Large scale developments should be clustered and given architectural separation to foster a sense of community, and improve visual attractiveness. The townhouse development is comprised of 13 buildings clustered around an internal road network. The buildings are designed and located to best suit the sloping topography of the site. The buildings are 2½ storey wood-frame structures, with the exception of the three central buildings, each with two to six units per building. Two complimentary colour schemes will provide variety and contrast between buildings within the development. The units on the public streets have a 2 ½ storey street frontage, each with a front entrance to the street. There is a central entry point for vehicles and pedestrians into the site and an internal road network connects all the buildings and provides access to all parking. 4. Pedestrian circulation should be encouraged with attractive streetscapes attained through landscaping, architectural details, appropriate lighting and by directing parking underground where possible or away from public view through screened parking structures or surface parking located to the rear of the property. Walkways are provided within the site with four internal crosswalks at key locations, and two bike racks near the mail kiosk are also provided. A playground area with a large and small play structure and benches is provided in the middle of the site, and an open area at the rear of the site provides informal stepping stone pathways, benches and a small mound with boulders as an informal play area. Each unit is provided with two parking spaces and some units have additional driveway parking space. Fourteen visitor parking spaces are distributed throughout the site. All parking is accessed from the internal strata road. Landscaping of various heights is used to enhance the livability of the site, and will provide privacy between units and screening of parking areas. e) Requested Variances: There are three variances proposed for this development which are discussed in a separate report to Council (2011-055-VP). They are to: reduce the front yard setback from a minimum of 7.5 metres to 5.1 metres for the front porch roof overhang with no additional siting exceptions; to allow an increase in building height from 10.5 metres to 11.12 metres for buildings 4 and 6, and from 2 ½ storeys to 3 storeys for buildings 4, 6 and 11; and retention of an above ground utility company plant across the 236 Street frontage - 5 - f) Advisory Design Panel: This proposal was reviewed by the Advisory Design Panel (ADP) at the meeting of May 8. 2012. All issues have been satisfactorily resolved. The following is the resolution from the May 8. 2012 ADP meeting, with the architect’s solution noted in parenthesis: That the application be supported and the following concerns be addressed as the design develops and submitted to Planning staff for follow up:  Consider a dedicated pedestrian walkway from 236 Street with a pedestrian gate; (The entry has been revised to provide a walkway and gate on the north side of the driveway.)  Realign the northeast portion of the roadway to allow street trees to be planted behind Building 1; (The site constraints for the building and parking requirements did not allow the applicant to alter the road location. Additional landscaping has been added between the driveways of Building 1.)  Look at the cultured stone treatment on the end elevations on Buildings 3, 5, 7 and 12; (Additional cultured stone and architectural details have been added to the exposed building end elevations.)  Consider pedestrian connection to the property to the north; (The applicant was not able to achieve a pedestrian connection because it would require the approval of all the members of the strata development to the north. Several pedestrian connections throughout this site have been provided.)  Consider pedestrian crosswalks at the entry , the child’s play area and pathway to the west; (Pedestrian crosswalks have been provided at four locations to improve safety and provide ‘traffic calming’ on the site.)  Consider carrying the cultured stone columns down to grade on the retaining wall at the entry elevations on 236 Street; (The additional cultured stone has been added.)  Consider relocating the visitor parking further away from Building 6; (The visitor parking locations have been revised around Building 6, and additional spaces have been provided on the site, for a total of 14 visitor parking spaces. Additional landscaping has been provided between the parking areas and the residential units.)  Consider a different gable treatment for Buildings 5, 7 and 12. (The noted gable treatments have been revised satisfactorily.) - 6 - g) Environmental Implications: Pursuant to Sections 8.9 and 8.10 of the Official Community Plan, a Watercourse Protection and Natural Features Development Permit application has been received to ensure the preservation, protection of the natural environment of Cottonwood Creek, its tributaries, and the adjacent slopes. The developer will provide restoration, enhancement and replanting works as required, and a Security will be taken as a condition of the issuance of the Development Permit to ensure that the Development Permit Area guidelines are met. h) 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 $324,259.63, the security will be $324,259.63. There will be 15 trees added to the municipal street tree inventory on completion of this project. The costs associated with maintaining these trees will need to be included in a subsequent operating budget. CONCLUSION: As the development proposal complies with the Multi-Family Development Permit Area Guidelines of the Official Community Plan for form and character, it is recommended that 2011-055-DP be given favourable consideration. “original signed by Ann Edwards”_____________________ Prepared by: Ann Edwards, CPT Senior Planning Technician “original signed by Christine Carter”___________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “original signed by Frank Quinn”______________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services “original signed by J.L. (Jim) Rule”_____________________ Concurrence: J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Architectural Plans Appendix C – Landscape Plans City of Pitt Meadows District of Langley District of MissionFRASER R. ^ DATE: Jun 15, 2012 FILE: 2011-055-RZ BY: PC 11461/75 236 STREET CORPORATION OF THE DISTRICT OF MAPLE RIDGE PLANNING DEPARTMENT 11461 11470 11536 236 0 2 11347 11332 11342 11442 11506236582340811497 11523 11336 2 3 6 0 8 1150223648236411 1 5 1 3 23661234032340711355 11420 2361111375 11421 2 3 6 0 6 2 3 6 1 0 11356 2365111450234192341123 4 3 6 11475 11374 11410 11440 11365 11397 11411 2363111412 11 5 1 0 11440 2 3 4 1 8 11460 1138511501 11386 2 3 6 1 4 1 1 5 2 5 234152 3 4 2 2 11405 11346 11364 11494 11337 11431 11441 11 5 0 9 11366 11422 1 1 5 1 7 1 1 5 2 1 2341223 4 1 6 11535 11575 11354 11384 11398 11430 11496 11498 236282362111505 2363811376 11396 2 3 6 1 2 11 5 1 4 11360 11316 236 0 4 11355 11432236 ST.236 A ST.116 AVE.113 A AVE. 114 A AVE.236 ST.113 A AVE. 114 AVE. PARK EP 16722 6 SL7Pcl. 'A'SL115 2 12 1 3 26 25 20 LMP 50083 31 30 29 8 24 31 32 37 28PARK A 10 7 SL3SL224 5 6 37 36 8 BCP27984LMP 34938 LMP 34938 SL14SL91 19 2 28 LMS 1325 33 29 BCP 9604 LMP 35464 3 SL16SL85 P 21065SL18 SL21SL4 13 11 2 3 27 3 21 4 PARK 34 7 41 30 35 BCS 814 SL19 SL20CPP 21065SL22 SL26 18 15 1 BCP27984LMP 5008323 21 38 7 23 17 9 15 38 40 34 P 7289SL12 SL15 BCS 814P 21065LMS 3308SL5 17 4 22 LMP 11242 5 5 35 16 LMP 50083LMP 34 9 3 8 39 36 SL11SL10SL6SL24 16 14 4 20 18LMP 11242 33 32 6 10 11 PARK SL13SL17 BCS 814SL23 SL25 19 22 6 \\ SUBJECT PROPERTIES ´ SCALE 1:2,500 APPENDIX A District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: November 19, 2012 and Members of Council FILE NO: E04-072-001 FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Fraser Sewer Area –Request to include 24426 102 Avenue EXECUTIVE SUMMARY: Under the recently adopted Regional Growth Strategy (RGS) the property at 24426 102 Avenue (the Property), as shown on the attached map is now included in the Urban Containment Boundary (UCB). The owner has proceeded with a rezoning and subdivision application for a proposed 24 lots. It was noted in the rezoning comments that the property is currently not within the Fraser Sewer Area (FSA) and as a condition of final reading, the property requires inclusion into the FSA. Any extension to the FSA requires approval of the Metro Vancouver Board through a majority vote. This process can take between three to four (3 to 4) months. Amendments to the FSA are first considered by Metro Vancouver’s Waste Committee and if approved, are forwarded to the Board for consideration. Applications for FSA amendments require a Municipal Council resolution to expand the FSA prior to Metro Vancouver’s consideration. As the Property is designated ‘Urban’ in the Livable Region Strategic Plan, extending services to this area is consistent with the Maple Ridge Regional Context Statement and the Livable Region Strategic Plan and District staff is not aware of any current system restrictions that would require immediate upgrades as a result of the proposed subdivision. RECOMMENDATION: THAT the GVS&DD Board of Directors be requested to approve expansion of the Fraser Sewer Area boundary in Maple Ridge to include the property at 24426 102 Avenue identified on the map attached to this report dated November 19, 2012. DISCUSSION: a) Background Context: The District has been working with a landowner and as part of the rezoning and subdivision development application for 24426 102 Avenue and the servicing requirements include the extension of the municipal sanitary sewer. Pursuant to the GVS&DD Act, sanitary sewer systems in the District may only service lands that are within the FSA. The Property is currently not within the FSA and therefore, a condition of final reading requires GVS&DD approval. 1108 Inclusion into the FSA must be requested to the GVS&DD Board by a Council resolution. Extensions to the FSA will only be considered by the GVS&DD if the property is either designated Urban in the RGS or for Rural areas and building footprints where a sanitary sewer is needed to address a public health issue, protect the region’s natural assets, or to service agriculture or agri-industry. Under the Livable Region Strategic Plan, the extension of sanitary sewer service to Urban properties is consistent with District FSA policies and the Official Community Plan Regional Context Statement and as such, it is appropriate to consider the sanitary sewer extension to service the Property. The existing municipal sanitary sewer system has been designed to provide sanitary service to the Albion Area under the OCP Land Use. System upgrades have been identified through servicing studies and included in the District Development Cost Charge (DCC) program. These upgrades are constructed on an as needed basis through development. District staff is not aware of any current system restriction that would require immediate upgrades as a result of proposed subdivision, and the applicant has submitted calculations confirming capacity. The District is in the process of updating the Master Sewer Study and the additional 24 lots will be addressed through any upsizing requirements for the future development of Albion Flats and intensified land use of the South Albion Industrial Park. b) Citizen/Customer Implications: Inclusion of the Property into the FSA will allow the development application to receive final approvals and allow the owner to complete the development. c) Interdepartmental Implications: The inclusion of the Property in the FSA is consistent with the development application and supports the final reading requirements established by the Planning Department. d) Business Plan/Financial Implications: The cost of extending the sanitary sewer infrastructure will be the responsibility of the developer/property owner. The Metro Vancouver charges for the increased flow will be offset by the District utility charges collected through property taxes on each of the additional lots. e) Policy Implications: Extension of the sanitary sewer is consistent with the District Sanitary Sewer Bylaw and FSA policies. f) Alternatives: Not requesting inclusion into the FSA from the GVS&DD would prevent the District from providing a municipal sanitary sewer. Septic systems would be required to service the property and the application would not be able to proceed under the proposed zoning or subdivision agreement. CONCLUSIONS: This application to extend the FSA is consistent with the Urban designation and regional context statement represents a minimal increase to the sanitary flows and does not result in any decrease in the service levels of the existing sanitary sewer system. “Original signed by Stephen Judd” _______________________________________________ Prepared by: Stephen Judd, PEng. Manager of Infrastructure Development “Original signed by David Pollock” _______________________________________________ Reviewed by: David Pollock, PEng. Municipal Engineer “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, PEng. General Manager: Public Works & Development Services “Original signed by J.L. (Jim) Rule” _______________________________________________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer District of Maple RidgeDistrict of Maple RidgeDistrict of Maple RidgeDistrict of Maple Ridge TO:TO:TO:TO: His Worship Mayor Ernie Daykin DATE:DATE:DATE:DATE: November 19, 2012 and Members of Council Committee of the Whole FROM:FROM:FROM:FROM: Chief Administrative Officer SUBJECTSUBJECTSUBJECTSUBJECT: Disbursements for the month ended October 31, 2012 EXECUTIVE EXECUTIVE EXECUTIVE EXECUTIVE SUMMARY:SUMMARY:SUMMARY:SUMMARY: Council has authorized all voucher payments to be approved by the Mayor or Acting Mayor and a Finance Manager. Council authorizes the vouchers for the following period through Council resolution. The disbursement summary for the past period is attached for information. Expenditure details are available by request through the Finance Department. RECOMMENDATION:RECOMMENDATION:RECOMMENDATION:RECOMMENDATION: That the “disbursements as listed below for the month ended That the “disbursements as listed below for the month ended That the “disbursements as listed below for the month ended That the “disbursements as listed below for the month ended October 31October 31October 31October 31, 2012, 2012, 2012, 2012 now be approved”now be approved”now be approved”now be approved”.... GENERALGENERALGENERALGENERAL $$$$ 11,437,93511,437,93511,437,93511,437,935 PAPAPAPAYROLLYROLLYROLLYROLL $$$$ 1,1,1,1,704,227704,227704,227704,227 PURCHASE CARDPURCHASE CARDPURCHASE CARDPURCHASE CARD $$$$ 116,364116,364116,364116,364 $$$$ 13,258,52613,258,52613,258,52613,258,526 DISCUSSION:DISCUSSION:DISCUSSION:DISCUSSION: a)a)a)a) Background Context:Background Context:Background Context:Background Context: The adoption of the Five Year Consolidated Financial Plan has appropriated funds and provided authorization for expenditures to deliver municipal services. The disbursements are for expenditures that are provided in the financial plan. b)b)b)b) Community Communications:Community Communications:Community Communications:Community Communications: The citizens of Maple Ridge are informed on a routine monthly basis of financial disbursements. 1131 c)c)c)c) Business Plan / Financial Implications:Business Plan / Financial Implications:Business Plan / Financial Implications:Business Plan / Financial Implications: Highlights of larger items included in Financial Plan or Council Resolution • Double M Excavating Ltd. – River Road drainage improvements $ 176,893 • Emergency Communications – Dispatch levy – 4th quarter $ 242,800 • G.V. Water District – water consumption Jun 27-Jul 31/12 $ 837,706 • G.V. Regional District – debt payment $ 1,629,633 • Imperial Paving – 122 Avenue road improvements $ 500,514 • Imperial Paving – 2012 Paving Program $ 241,443 • Receiver General – RCMP contract Apr-Jun/12 $ 3,179,145 • Tag Construction Ltd – Abernethy Way intersection improvements $ 284,101 d)d)d)d) Policy Implications:Policy Implications:Policy Implications:Policy Implications: Approval of the disbursements by Council is in keeping with corporate governance practice. CONCLUSIONS:CONCLUSIONS:CONCLUSIONS:CONCLUSIONS: The disbursements for the month ended October 31, 2012 have been reviewed and are in order. ______________________________________________ Prepared by: G’Ann RyggG’Ann RyggG’Ann RyggG’Ann Rygg Accounting Clerk IIAccounting Clerk IIAccounting Clerk IIAccounting Clerk II _______________________________________________ Approved by: Trevor Trevor Trevor Trevor Thompson, Thompson, Thompson, Thompson, BBA, BBA, BBA, BBA, CGACGACGACGA Manager of Financial PlanningManager of Financial PlanningManager of Financial PlanningManager of Financial Planning _______________________________________________ Approved by: Paul Gill, BBA, CGAPaul Gill, BBA, CGAPaul Gill, BBA, CGAPaul Gill, BBA, CGA GM GM GM GM –––– Corporate & Financial ServicesCorporate & Financial ServicesCorporate & Financial ServicesCorporate & Financial Services _______________________________________________ Concurrence: J.L. (Jim) RuleJ.L. (Jim) RuleJ.L. (Jim) RuleJ.L. (Jim) Rule Chief Administrative OfficerChief Administrative OfficerChief Administrative OfficerChief Administrative Officer gmr "Original signed by G'Ann Rygg" "Original signed by Trevor Thompson" "Original signed by Paul Gill" "Original signed by J.L. (Jim) Rule VENDOR NAMEVENDOR NAMEVENDOR NAMEVENDOR NAME DESCRIPTION OF PAYMENTDESCRIPTION OF PAYMENTDESCRIPTION OF PAYMENTDESCRIPTION OF PAYMENT AMOUNTAMOUNTAMOUNTAMOUNT 0724674 BC Ltd Town Centre investment incentive 50,000 0740396 BC Ltd Security refund 97,821 666921 BC Ltd Inspection fee refund 16,403 A T & H Industries Inc Gravel & dump fees 30,349 Aplin & Martin Consultants Ltd 224 Street sanitary replacement 6,980 Dewdney Trunk Road watermain replacement 1,646 122 Avenue multi-use pathway design 29,798 38,424 BC Hydro Electricity 108,034 BC SPCA Contract payment Oct 27,527 BCRS Road Safe Inc Traffic control 33,873 Boileau Electric & Pole Ltd Maintenance: 236 Street pump station 728 256 Street water tower 1,579 3rd floor Tower 1,425 Davit pole repairs 452 Harris Road park 180 Intersection repairs 823 LED repairs 591 Leisure Centre 1,571 Library 582 Municipal Hall 218 Randy Herman Building 295 RCMP 99 Rock Ridge water tower 2,229 Scada system upgrade 9,182 SRT scoreboard 464 Street lights 3,636 24,054 CUPE Local 622 Dues - pay periods 12/20 & 12/21 23,436 Capilano Highway Services Security refund 32,120 Chelsea Park Holdings Ltd Security refund 171,315 Chevron Canada Ltd Gasoline & Diesel fuel 73,530 Columbia Bitulithic Ltd Duraphalt 39,092 Co-Pilot Industries Ltd Gravel & dump fees 44,076 Crown Contracting Limited Pedestrian signal at 240 St. & Hill Ave.10,687 Pedestrian signal at 224 St & 121 Ave 9,686 20,373 Dams Ford Lincoln Sales Ltd Ford F350 truck 42,177 Delcan Corporation 232 Street bridge over North Alouette River 34,161 Double M Excavating Ltd 224 Street bridge over North Alouette River 1,120 River Road drainage improvements 176,893 178,013 Emergency Communications Dispatch levy - 4th quarter 242,800 Flynn Canada Ltd RCMP roof replacement 93,823 Frazer Excavation Ltd Development deficiencies funded from developer securities 79,488 Environmental ditch cleaning 21,258 100,746 Greater Vanc Water District Water consumption Jun 27 - July 31/12 837,706 Greater Vancouver Regional Dis Debt payment 1,629,633 Mosquito control program 2,068 1,631,702 Guest Excavating Company Ltd 248 Street & 124 Avenue 12,577 Truck fill station 4,581 17,158 Hanks Trucking And Bulldozing Trucking & bulldozing at various locations - Aug & Sept 19,757 Imperial Paving 122 Avenue road improvements 500,514 2012 Paving Program 241,443 Roadworks 6,726 748,683 CORPORATION OF THE DISTRICT OF MAPLE RIDGECORPORATION OF THE DISTRICT OF MAPLE RIDGECORPORATION OF THE DISTRICT OF MAPLE RIDGECORPORATION OF THE DISTRICT OF MAPLE RIDGE MONTHLY DISBURSEMENTS - OCTOBER 2012MONTHLY DISBURSEMENTS - OCTOBER 2012MONTHLY DISBURSEMENTS - OCTOBER 2012MONTHLY DISBURSEMENTS - OCTOBER 2012 Manulife Financial Employee benefits premiums 134,406 Maple Ridge & PM Arts Council Arts Centre contract payment Oct 48,007 Program revenue Sept 21,267 Theatre rental & catering 68 69,342 Maple Ridge Historical Society Quarterly contract payment 32,559 Mar-Tech Underground Services Culvert replacement program 118,355 Root cut & clean 566 118,921 McRae'S Septic Tank Service Catch basin program 17,304 Medical Services Plan Employee medical & health premiums 32,992 Municipal Pension Plan BC Employee benefits premiums 365,433 Narland Properties (Haney) Ltd Security refund 59,519 Newlands Lawn & Garden Mainten Grass cutting 17,298 Now Solutions Payroll software annual license 53,844 Pattison Sign Group Score clock at SRT 23,769 Internet connection to Fairground sign 302 24,071 PW Trenchless Construction Inc 256 Street sanitary sewer extension 31,948 224 Street sanitary sewer replacement 13,375 45,323 Raincity Janitorial Serv Ltd Janitorial services: Firehalls 6,637 Library 6,423 Municipal Hall 3,130 Operations 3,150 Randy Herman Building 4,638 RCMP 3,320 South Bonson Community Centre 5,258 Janitorial supplies 1,780 34,336 Receiver General For Canada Employer/Employee remit PP12/20 & PP12/21 556,932 RCMP contract Apr-Jun/12 3,179,145 3,736,077 RG Arenas (Maple Ridge) Ltd Ice rental Aug & Sept 116,641 Curling rink operating expenses Aug 3,078 119,719 Ridge Meadows Seniors Society Quarterly operating grant 48,868 Ridge Meadows Recycling Society Monthly contract for recycling Oct 104,180 Weekly recycling 358 104,538 RJ Construction 3rd floor Tower offices 8,512 Leisure Centre women's shower 16,841 Leisure Centre mens' shower 224 South Bonson Community Centre door repairs 291 25,868 Seal Tec Industries Ltd Routed cracksealing 75,335 Tag Construction Ltd Abernethy Way intersection improvements 284,101 Touchstone Marble & Tile Ltd Leisure Centre pool 46,959 Urban Systems Traffic calming 8,981 Transportation plan update 10,090 19,071 Warrington PCI Management Advance for Tower common costs 90,000 Tower expenses Aug & Sept 4,889 94,889 Westridge Security Ltd Security: Core Park - Jul & Sept 11,582 Municipal Hall 3,149 PM Parks 157 South Bonson Community Centre 1,061 Worksafe 390 16,340 Wilco Civil Inc Deer Fern Park construction 47,153 Cedar Park construction 84,925 132,078 Workers Compensation Board BC Remittance 3rd qtr 2012 94,078 Young, Anderson - Barristers Professional fees Sept 23,993 Disbursements In Excess $15,000 10,604,41210,604,41210,604,41210,604,412 Disbursements Under $15,000 833,523833,523833,523833,523 Total Payee Disbursements 11,437,93511,437,93511,437,93511,437,935 Payroll PP12/20 & PP12/21 1,704,2271,704,2271,704,2271,704,227 Purchase Cards - Payment 116,364116,364116,364116,364 Total Disbursements October 2012 13,258,52613,258,52613,258,52613,258,526 GMR \\mr.corp\docs\Fin\05-Finance\1630-Accts-Payable\01-General\AP Disbursements\2012\[Monthly_Council_Report_2012.xlsx]OCT'12 CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6958–2012 A Bylaw to control the condition of vacant / abandoned buildings so as to reduce the risk these buildings pose WHEREAS, the Community Charter, provides that Council may by bylaw impose requirements in relation to buildings and other structures; AND WHEREAS, vacant/abandoned buildings pose a physical risk to citizens and emergency responders of the District as vacant buildings are often in such a state of disrepair that a fire starting in them is likely to spread rapidly endangering life and property; AND WHEREAS, vacant buildings are frequently found to contain hazardous materials including but not limited to asbestos; AND WHEREAS, vacant/abandoned buildings negatively affect the form and character of the District; NOW THEREFORE, the Council of the District of Maple Ridge enacts as follows: 1. This bylaw may be cited as “Maple Ridge Vacant / Abandoned Building Bylaw No. 6958-2012” DEFINITIONS: 2. In this Bylaw, unless the context otherwise requires: “Building” means a structure whether temporary or permanent, used or built for shelter, accommodation, or enclosure of persons, animals, materials or equipment; “Bylaw Officer” means any person appointed by the Director of Licences, Permits and Bylaws to exercise the powers under this Bylaw; "Building Official" means the Chief Building Official for the District, and every Building Official appointed by the District to inspect Buildings or Structures in respect of building, plumbing, gas or electrical safety standards; “Council” means the Municipal Council of the Corporation of the District of Maple Ridge; "District" means the Corporation of the District of Maple Ridge; "Director" means the Director of Licences, Permits and Bylaws of the District; "Fire Chief" means the person who is head of the Maple Ridge Fire Department and his or her designate; "Inspector" means: (a) the Fire Chief, and applicable designate, to be an officer or employee of Maple Ridge Fire Department; (b) the Chief Building Official for the District, and every Building Official appointed by the District to inspect Buildings or Structures in respect of building, plumbing, gas or electrical standards; (c) a Peace Officer, including a member of the Royal Canadian Mounted Police; (d) the Director of Licences, Permits and Bylaws; (e) a Bylaw Enforcement Officer; “Owner” includes the following: (a) the registered owner of the land on which the building is situated; (b) the owner of a building; (c) the person managing or receiving the rent of the land or the building, or who would receive the rent if the land and building were let, whether on the person’s own account or as agent or trustee or receiver of any other person; (d) a vendor of the building under an agreement for sale who has paid any municipal taxes thereon after the effective date of the agreement; (e) the person for the time being receiving installments of the purchase price if the building were sold under an agreement for the sale; and (f) a lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the building; “Vacant/Abandoned” means any building, unit within a building, portion of a building or structure, that is not occupied and that, by reason of its unfinished or dilapidated, or fire damaged condition, that a fire starting in the building will spread rapidly, endangering life and property and or, is open to the elements or is in a state such that there is no control over unauthorized entry to the building or structure. SECURING OF VACANT/ABANDONED BUILDINGS 3. An owner of any Vacant/Abandoned Building must ensure the premises are made and kept secure against unauthorized entry or occupation at all times. 4. If an Inspector finds that a vacant/abandoned building is not secured against unauthorized entry, then additional measures as outlined below may be required to be implemented on a case by case basis: (a) Affix solid barriers to windows and other points of ingress to preclude entry. Installation of barriers to be in accordance with “Schedule A”. (b) Install continuous security fencing around the perimeter of the building so as to preclude entry. Fencing to be of a minimum 1.8 meters in height and must be maintained effective at all times. (c) Post an onsite security guard and maintain patrols on a frequent basis so as to preclude entry at any and all times. 5. Upon initial identification or complaint that a building within the District is Vacant/Abandoned, the Inspector, may at all reasonable hours attend the property and assess its condition. Upon confirmation of the building(s) are found to be in contravention of this bylaw, the inspector will order the owner to secure the premise within 24 hours as per Section 4 (a)(b) or (c). The inspector will attempt to contact the owner by telephone or in person and written notification will also be sent by registered mail. 6. Where public safety is of paramount concern and the vacant or abandoned building creates an immediate hazard, the Inspector may make arrangements to secure and or make the building secure as per Section 4(a)(b)or (c) as soon as possible, without prior notification of the Owner. All costs associated with securing and or guarding the premise will be invoiced to and are the sole responsibility of the Owner. NON-COMPLIANCE BY OWNER 7. Should the Owner either: a. Fail to secure the building as per written order within the specified time period, or b. Prove to be unable to be contacted phone or in person, The officers may, at his/her discretion procure services to secure the premise as per Section 4(a) (b) or (c). All costs associated with securing and or guarding the premise will be invoiced to and are the sole responsibility of the Owner. FEES FOR RE-INSPECTION OF VACANT/ABANDONDED BUILDING 8. After the vacant/abandoned building has been identified and secured as per Section 4, and upon re-inspection, the building is found to be once again insecure, the Owner shall be subject to a re-inspection fee(s) stipulated in “Schedule B” and must be paid to the District. 9. In addition to the re inspection fee, the Owner must abide by an order the Inspector writes to secure or re-secure the building. Failure to comply may result in action taken in accordance with Section 7. REMOVAL OF VACANT/ABANDONED BUILDINGS 10. Any building found kept in such a condition, or be situated in such a location, so as the safety of the general public is compromised or may become compromised, Council may order the building demolished, foundation removed and property graded so as to remove the hazard. 11. All costs associated with action taken under Section 10 are the sole responsibility of the Owner. APPLICATION FOR RE INSPECTION FEE REDUCTION 12. Any Owner of vacant / abandoned building(s) who has had re-inspection fees assessed against his/her property may apply in writing to the Fire Chief to have the re-inspection fees reduced by 75% provided that any one of following conditions have been met : a. The owner has applied to the District for a building permit to restore the building to a habitable condition within 30 days of the first inspection. The building must be maintained secure, as per Section 4, at all times while the building permit is open and active. b. The owner has applied for a demolition permit from the District within 30 days of the first inspection, and, the building has been demolished, foundation removed and property graded so as to remove the hazard, within 60 days of the first inspection. 13. Any reduction in fees owed applies only to re-inspection fees assessed and not to any costs incurred for the securing, re-securing as per Section 6, or demolition of the building. INVOICING 14. Where a fee is charged to the owner of property, the District will invoice the owner of the property (and notify the owner) for the response service. 15. An administration fee stipulated in “Schedule B” will be added all of the costs associated securing, protecting and or guarding as per Section 4. 16. Any invoice issued under the Bylaw are due and payable within 30 days of issuance. 17. All invoices that remain unpaid as of December 31st in the year in which they were incurred will be added to and form part of the taxes payable on the real property to which services were provided or fees assessed as taxes in arrears. SEVERABILITY 18. If any Section, subsection or clause of this Bylaw is declared or held to be invalid by a court of competent jurisdiction, then that invalid portion shall be severed and the remainder of this Bylaw shall be deemed to have been enacted and adopted without the invalid and severed Section. READ a first time the day of , 20 . READ a second time the day of , 20 . READ a third time the day of , 20 . RECONSIDERED AND ADOPTED on the day of , 20 . PRESIDING MEMBER CORPORATE OFFICER Attachments: Schedule A Schedule B CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6958–2012 SCHEDULE ‘A’ Details on Securing Vacant/Abandoned Buildings 1. DISCONNECT ALL UTILITIES AT THE PROPERTY LINE (a) Request Public Works crew, turn off water at the property line (b) Have the utility company disconnect electricity service at the property line (c) Have the utility company disconnect natural gas service at the property line (d) Disconnect and remove any Liquid Propane Gas and or heating oil tanks. 2. REMOVE ALL FLAMMABLES AND COMBUSTIBLES FROM INSIDE AND OUTSIDE THE BUILDING (a) Remove all upholstered furniture, combustible materials and trash from the building, including the basement and attic. (b) Remove trash and trash containers and combustible furniture from exterior stairwells, porches, fire escapes and outbuildings. (c) Remove shrubbery and vegetation adjacent to building that could support or spread a fire. 3. SECURE THE BUILDING TO PREVENT ENTRY (a) Search the entire building to ensure that it is unoccupied. (b) Openings in the basement, first floor doors and windows and any point of entry accessible from a porch, fire escape or other potential climbing point within 3m of finished grade, must be secured plywood (minimum 12 mm thick) and re-enforced with 2x4s, bolts and screws. (see Section 4) (c) Openings that are at 3m above finished grade which are not accessible from a porch, fire escape, roof, or other climbing point may be secured by the original locking feature of the window or door provided any and all glazing is intact. If the glazing is broken, missing or compromised in any way, or if the opening is without a locking device, plywood barriers must be utilized to secure the opening. Plywood barriers may be secured to window/door frame utilizing screws or lag bolts with a minimum length of 65 mm. 4. BOARDING UP DIRECTIONS (a) Cut plywood (minimum 12 mm thick) to fit over the window and door openings, flush with outside of the frame. (b) Cut the dimensional lumber (2x4) to fit the horizontal dimension of the plywood. You will need two 2x4 interior and exterior braces for each window and three interior and exterior sets for each door. (c) Pre drill 3/8th inch holes in the plywood and the braces. (d) The holes will be placed approximately 1/3 of the length of the brace from each outside edge of the door and window jamb. (e) The two window braces will be placed 1/3 of the distance from the top and the bottom of the window. (f) The three door braces will be placed; one in the center of the doorway, and one half the distance from the center to the top and to the bottom of the doorway. (g) Place the plywood over the exterior opening and secure to the frame. (h) Place the 2x4 braces over the interior and exterior of the door or window. (i) Place the larger washer over the carriage bolt and place the bolt through the holes. (j) Place washer and nut inside and tighten securely. Torque the nut so that it slightly compresses the interior 2x4. (k) After all entrances are secured, the interior worker should exit the building, using a ladder, through a window, if such exists, at least 3m above finished grade. Screw a plywood barrier over the worker's exit utilizing screws at least 65 mm in length and 300mm on center around perimeter of opening. WINDOWS DOORS CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6958–2012 SCHEDULE "B" SCHEDULE OF COSTS FOR RE-INSPECION FEES A. FEE STRUCTURES ASSOCIATED WITH RE-INSPECTION OF VACANT BUILDING(S): Should the building be found to be in non-compliance with Maple Ridge Vacant / Abandoned Building Bylaw No. 6958-2012, after initial notification of owner, the charges are as follows: Step 1 First re-inspection $150.00 Step 2 Second re-inspection $300.00 Step 3 Third re-inspection $600.00 Step 4 Fourth re-inspection $1200.00 Step 5 All subsequent re- inspections $2400.00 B. ADMINISTRATION COSTS An Administration and Overhead charge of 15% will be added to all services and costs incurred under Section 4 and subsequently invoiced to the owner. District of Maple Ridge TO: His Worship Mayor Ernie Daykin DATE: November 12, 2012 and Members of Council FILE NO: CDPR-0640-30 FROM: Chief Administrative Officer ATTN: Committee of the Whole SUBJECT: Downtown Update EXECUTIVE SUMMARY: The Social Planning Advisory Committee under direction of Mayor and Council began an engagement process to gather input from a broad sector of the community on the downtown core. On October 30, 45 people including 27 businesses, 7 social service providers and 10 facilitators engaged in a process to discuss concerns and to make recommendations to increase the health, safety and vibrancy of the downtown core. The business sector was well represented and fully engaged in finding collaborative and positive solutions to the current issues. The facilitated process resulted in the development of a list of priorities and opportunities. The attached report describes the planning for the process as well as the list of priorities and opportunities that resulted from the conversation. From this initial discussion, staff has developed a number of short, mid and long term recommendations which are attached to this report. The Social Planning Advisory Committee accepted the report from Kelly Swift as well as the short, mid and long term recommendations developed by staff. The Social Planning Advisory Committee recognizes that this is an initial discussion and an ongoing and long term process is required to continue to build on this positive and collaborative engagement. RECOMMENDATION: That staff forward the Potential Action Outcomes of the Healthy, Safe and Vibrant Downtown document to Council for endorsement as the first step in the engagement process with downtown business. DISCUSSION: a) Background Context: At Committee of the Whole Workshop on September 10, 2012 Council directed staff to work with the Social Planning Advisory Committee to gather input form a broad sector of the community on the Maple Ridge downtown. Staff from Parks and Leisure Services and staff from Strategic Economic Initiatives met with representatives from the Maple Ridge Chamber of Commerce, the Maple Ridge Downtown Business Improvement Association (DBIA), Maple Ridge Economic Advisory Commission, Maple Ridge Pitt Meadows Katzie Community Network and the RCMP to discuss how to engage a broad sector of the community in a discussion about the downtown. This planning group provided input into formulating the process to engage this diverse sector. 1151 Page 2 Businesses from across Maple Ridge were invited to participate in the process that also included representation from a number of key social service providers. On October 30 a well attended facilitated process resulted in the development of an initial list of priorities and opportunities. The Social Planning Advisory Committee is committed to building on this initial engagement and developing a long term process that will result in healthier, safer and more vibrant downtown core. ____________________________________ _____________________________________ Prepared by: Shawn Matthewson Approved by: Sue Wheeler Coordinator-Social Planning Community Services Director ____________________________________ _____________________________________ Approved by: Kelly Swift Concurrence: J.L. (Jim) Rule General Manager, Community Chief Administrative Officer Development Parks and Recreation /tc \\mr.corp\docs\CA\01-Admin\0550-Council-Mtgs-Public\20-COW\01-Gen\Agendas\2012-11-19_COW\CDPR\Memo_2012-10- 20_Downtown_Meeting_Results.docx 1 M E M O R A N D U M To: Maple Ridge Social Planning Advisory Committee From: Kelly Swift, General Manager Community Development, Parks and Recreation Services Date: November 6, 2012 Subject: Healthy, Safe and Vibrant Downtown At a Committee of the Whole Workshop on September 10, 2012, Council directed staff to work with Maple Ridge Social Planning Advisory Committee (SPAC) to gather input from a broad sector of the community on the Maple Ridge downtown. On Monday, October 17, 2012, the Parks and Leisure Services staff liaison to SPAC and staff from Strategic Economic Initiatives met with representatives from the Maple Ridge Pitt Meadows Chamber of Commerce (Chamber), Maple Ridge Downtown Business Improvement Association (BIA), Maple Ridge Economic Advisory Commission (EAC), Maple Ridge Pitt Meadows Community Services and the Maple Ridge, Pitt Meadows and Katzie Community Network, and the RCMP to discuss how to engage a broad sector of the community in a discussion about the downtown. This planning group provided input that helped to formulate an approach that would be successful at engaging downtown business owners, operators and landlords in a discussion on priority issues and suggestions that would contribute to the health, safety and vibrancy of our downtown. Representatives from each organization contributed suggestions regarding the process, input to the agenda and recommended an approach to distribute the invitations in the downtown area. In the two weeks leading up to the event, the BIA hand delivered invitations to downtown businesses and the Chamber extended invitations to members that would add value to this discussion. This planning committee selected the evening of Tuesday, October 30, 2012 to host the meeting, which was held at the Maple Ridge ACT. A light dinner was provided to enable attendance by people coming directly from their place of business. Sixty-three people registered to attend, and actual attendance was 45 including 27 businesses, 7 social service providers, 10 facilitators who coordinated the discussion tables, and one participant-observer. The format for the evening had three primary components beginning with a presentation, and two group discussions. • The presentation was kicked-off by Sandy Blue, Manager of Strategic Economic Initiatives who described upcoming growth and development in the downtown and attributes that contribute to creating a healthy, safe and vibrant downtown. The second part of the presentation was conducted by Shawn Matthewson, Social Planning Coordinator with DMR and staff liaison to SPAC, Ineke Boekhorst, Executive Director of the BIA and Corporal Dunlop with RCMP Community Policing. This presentation provided an overview of social services that are in place and RCMP \\mr.corp\docs\CA\01-Admin\0550-Council-Mtgs-Public\20-COW\01-Gen\Agendas\2012-11-19_COW\CDPR\Memo_2012-10- 20_Downtown_Meeting_Results.docx 2 statistics on crime trends. The presentations were intended to ensure that all participants had basic information on the downtown and on social services that are currently in place. Both presentations are attached to this report. • In the first discussion, participants at each table (of 8-10 people) were asked to describe their experience in the downtown, what impact activities have had on business in the downtown, and what priorities need our collective action. Following this discussion, each table reported out on their top 2-3 priorities. • In the second discussion, participants at each table were asked to describe a positive experience that they have had in a downtown setting, to describe what had contributed to that experience, and to identify what we can do collectively to create this environment in Maple Ridge downtown. The top suggestions from each table were then reported out to the larger audience and are also listed below as opportunities. The five priorities shown below were a result of the first discussion. During this discussion participants recognized that there are many positive activities currently occurring in the downtown such as festivals, Haney Farmers Market and business contributions, and there was a strong feeling that we should continue to build on and grow that positive activity while focusing on the following priorities: Priorities: 1. Information: • Knowing what services and supports are available and how to access them. • Bylaw enforcement. 2. Engagement: • Increase the number of people engaging in positive activities in the downtown. • Engage youth 19-25. 3. Perception of Safety: • Business owners, staff and customers can feel unsafe. • Combat a negative perception the downtown. 4. Location of social service agencies in the downtown: • Best location? Are highly visible and create an impression for visitors to the downtown. • The Caring Place association with homelessness. People may not be aware of other services. • Drug intervention programs. • Perceived impact of Maple Ridge Treatment Centre. 5. Physical Environment: • Vacant buildings. • People at back of buildings using carports and shelters. \\mr.corp\docs\CA\01-Admin\0550-Council-Mtgs-Public\20-COW\01-Gen\Agendas\2012-11-19_COW\CDPR\Memo_2012-10- 20_Downtown_Meeting_Results.docx 3 • Parking challenges (constraint on business). • Signage for directing people to downtown. • Signage needed for parking. • Appearance/aesthetics. • Safe initiatives changed the look of downtown, e.g. fencing or barricades. • Garbage. • Safety-lighting. The above list of priorities was displayed on a large screen during the second discussion so that participants at the tables could keep the priority areas in mind as they discussed opportunities to improve our downtown. All opportunities that were reported out to the large group are shown below. Opportunities: • Engagement of all sectors • More people being outside lowers perception of crime • More information • Community gardens • Outside engagement • Festivals/Special Events, Farmers Market • Businesses move outside on patios • Public Art • Great personal feelings • Local businesses matching larger businesses • Reciprocating kindness received from local business • Education about personal safety • Get larger businesses involved • Use of social media • Expedite some of the permit processes to address vacancies and open new businesses • Night market • Music, ambience, shopping, food • More people • Increase residential, e.g. Newport Village • A lot of businesses close early - people beget people • Better case management for ill • Crime Free Housing Bill • Evening events in summer- family friendly series • Develop downtown habit • North end of 224th great example • Increase awareness of downtown shopping • Access to services - do businesses know who to ask and what response they will get? • What do I do? Not necessarily connected to resources • Downtown Vancouver during Olympics was walkable, clean, secure • Market type street, e.g. Newport Village • Well lit, no pan handling, lots of people • 224th experience has expanded • Clean, friendly, feeling of safety, updated infrastructure, themes • Need more parking, parks and walking • Parking lots accessible with good lighting from parking • More activities, attractions downtown • Community cares about issues in our community • Continue to collaborate, inclusive, everyone is part of the solution • Vitality and festivals • More public gathering places, expand beautification beyond the current core • Keep walkable approach \\mr.corp\docs\CA\01-Admin\0550-Council-Mtgs-Public\20-COW\01-Gen\Agendas\2012-11-19_COW\CDPR\Memo_2012-10- 20_Downtown_Meeting_Results.docx 4 • Having a visibility of safety, one uniform. Know who is who. Possibly a volunteer youth group that could assist people in downtown • Cheat sheet for business owners - who to contact and when • Branding Maple Ridge businesses - do residents know of the quality of business here in Maple Ridge? • Vacancies available to artists to display or work in, so that spaces do not stay empty and help local artists at the same time The October 30th meeting was successful in engaging a broad sector of the community in an initial discussion on the downtown. There was general recognition that all sectors in the community need to be engaged in working to create a healthy, safe and vibrant downtown in order to be truly successful in achieving this goal. There was also general consensus that many of the items on the opportunities list appeared to be very achievable, and that we have an opportunity to move forward in our goal if everyone takes part. Lastly, it was important to participants that we identify some immediate actions that we can take as a result of the ideas and suggestions that came forward at this meeting, to begin making immediate improvements and to recognize the contributions of the participants that attended the October 30th meeting. With that in mind, it would be most useful if SPAC could identify one or two immediate opportunities in addition to medium or longer term recommendations. Maple Ridge Council looks forward to receiving your report and recommendations to continue to build a healthy, safe and vibrant downtown. The report is anticipated at Committee of the Whole on November 19, 2012. If I can provide any assistance, please give me a call. Sincerely, Kelly Swift Attachments – Copy of PowerPoint Presentations (2) cc: Jesse Sidhu, Executive Director, Maple Ridge Pitt Meadows Chamber of Commerce Ken Holland, President, Maple Ridge Pitt Meadows Chamber of Commerce Ineke Boekhorst, Executive Director, Maple Ridge Downtown Business Improvement Association Phillip Hartwick, President, Maple Ridge Downtown Business Improvement Association Chrislana Gregory, Maple Ridge Economic Advisory Commission Geoff Knutson, Maple Ridge Economic Advisory Commission Vicki Kipps, Executive Director of Maple Ridge-Pitt Meadows Community Services and member of the Maple Ridge, Pitt Meadows and Katzie Community Network Superintendent Dave Walsh, RCMP Inspector Dave Fleugel, RCMP Cpl. Alanna Dunlop, RCMP, Community Policing Sandy Blue, Manager of Strategic Economic Initiatives, District of Maple Ridge Sue Wheeler, Director of Community Services, District of Maple Ridge Shawn Matthewson, Social Planning Coordinator, District of Maple Ridge All Participants from the October 30, 2012 Meeting on the Downtown that provided contact information Potential Action Outcomes of the Healthy, Safe and Vibrant Downtown October 30, 2012 Staff Recommendations: For Committee Discussion Action Outcome Timeline Who Create a Cheat Sheet for Businesses in the Downtown core to use to identify what resources, services and supports are available • Access to information • Increased perception of safety • Immediate • DBIA • SPAC • CN CPTED Review • Increased perception of safety • Improvement of the physical environment • Immediate • RCMP • DBIA • Chamber of Commerce Lighting Audit • Increased perception of safety • Improvement of the physical environment • Aesthetic improvement • Immediate • DMR • DBIA Review Signage • Increased perception of safety • Improvement of the physical environment • Immediate • DMR • DBIA • Chamber CN presentation to the Chamber of Commerce and DBIA • Increased access to information • Engagement • Immediate • CN SPAC Membership Review • Engagement • Increased access to information • Medium term • SPAC Formation of a “Vibrant Communities Task Group” • Touches on all of the priorities • Long term • All Compassionate Communities • Touches on all of the priorities • Long term • SPAC at the lead District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: November 27, 2012 and Members of Council FROM: Chief Administrative Officer MEETING: Council SUBJECT: Proposed Intermunicipal Business Licence Bylaw No. 6957-2012 EXECUTIVE SUMMARY: At the Council Workshop meeting of October 15, 2012, Council authorized staff to proceed with the preparation of an Intermunicipal Business Licence Bylaw enabling the District to participate in a one- year Intermunicipal business Licence pilot project with the City of Langley, Township of Langley, City of Abbotsford, City of Surrey, City of Pitt Meadows, District of Mission, City of Chilliwack and the District of Hope. The proposed Intermunicipal Business Licence Bylaw No. 6957-2012 (attached as Appendix I) outlines the principles and general terms and conditions for the program which includes the categories of eligible business types. This proposed Bylaw was authored with the assistance from the Provincial Government Ministry of Jobs, Tourism and Innovation in conjunction with input from all participating municipalities. For the purpose of the one year pilot project the group has agreed that the eligible business type will be specific to trade contractors or other professionals related to the construction industry that provides a service or product other than from their premises. Given the challenges with the differing regulations surrounding moving businesses in each municipality, it was determined that all participating municipalties share similar regulations with regards to the trade contractor type of businesses and therefore it was agreed to use this business type as part of the pilot project. Further consideration to the inclusion of other mobile business types may be reviewed at the end of the pilot project. Additionally, the Bylaw includes provisions that outline the requirements for the Intermunicipal Business Licence program, to be reviewed and evaluated at the mid-point of the one year pilot in relation to revenue sharing and distribution of funds. Upon completion of this midpoint evaluation, staff will provide Council with a report on how the program is progressing. All participating municipalities will be bringing forward common bylaws for their Councils ’ consideration. Subject to a resolution of all respective Council the implementation date of the Intermunicipal Business Licence Program would be January 1, 2013. RECOMMENDATION(S): 1. That Maple Ridge Intermunicipal Business Licence Bylaw No. 6957-2012 be given first, second and third readings. 1201 2. That Public Notice of the proposed Intermunicipal Business Licence Bylaw No. 6957-2012 be given in accordance with Sections 59(2) and (3) of the Community Charter prior to the adoption of the Bylaw. DISCUSSION: a) Background Context: Under the current District Business Licencing and Regulation Bylaw 6815-2011 a business licence is required for every business carried on in the District which includes any work or service that is performed within the District regardless of whether or not the business is located within the municipality. An Intermunicipal Business Licence Bylaw would enable certain businesses to purchase one business licence in their home municipality allowing them to operate in all participating municipalities. An Intermunicipal Business Licence system requires that a municipal bylaw must be adopted by each participating municipality. The bylaw between the participating municipalities regulates how business licence applications will be reviewed, the types of businesses that would be eligible, the licence fees and how enforcement across jurisdictions would be conducted. Section 14 of the Community Charter states that “two or more municipalities may, by bylaw adopted by the Council of each participating municipality, establish an intermunicipal scheme in relation one or more matters for which they have authority under this Act of the Local Government Act. b) Citizen/Customer Implications: By adopting an Intermunicipal Licence Bylaw along with the other eight participating municipalities the District will be supporting and assisting the development community by easing the burden of the need to obtain numerous business licences in each community but rather just one Intermunicipal Licence that will allow them to work in all nine communities. c) Business Plan/Financial Implications: Although this program is set up for profit sharing amongst all the participating municipalities there is no way, at this time, to determine how many eligible businesses will take advantage of this initiative. The intent of the cost sharing is to try to ensure there is no revenue loss by any participating municipality. CONCLUSIONS: The proposed Intermunicipal Business Licence Bylaw outlines the principles and general terms for the program which includes the categories of eligible business types. This proposed Bylaw was authored with assistance from the Provincial Government’s Ministry of Jobs, Tourism and Innovation in conjunction with input from all participating municipalities. For the purpose of the one year pilot project the group has agreed that the eligible business type will be specific to trade contractors or other professionals related to the construction industry that provides a service or product other than from their premises. Given the challenges with the differing regulations surrounding mobile businesses in each municipality, it is determined that all participating municipalities share similar regulations with regards to the trade contractor type of businesses and therefore it was agreed to use this business type as part of the pilot project. Further consideration to the inclusion of other mobile business types may be reviewed at the end of the pilot project. “Original signed by E.S. (Liz) Holitzki” _______________________________________________ Prepared by: E. S. (Liz) Holitzki Director: Licences, Permits and Bylaws “Original signed by Frank Quinn” __________________________________________ Approved by: Frank Quinn, MBA, P.Eng General Manager, Public Works & Development Services “Original signed by J.L. (Jim) Rule” __________________________________________ Concurrence: J.L. (Jim) Rule Chief Administrative Office LH/jd Appendix I - Intermunicipal Business Licence Scheme Bylaw No. 6957-2012 APPENDIX I District of Maple Ridge Maple Ridge Intermunicipal Business Licence Scheme Bylaw No. 6957-2012 Effective Date: January 1, 2013 District of Maple Ridge Intermunicipal Business Licence Scheme Bylaw No. 6957-2012 Table of Contents Part 1 Citation............................................................................................................. 1 Part 2 Severability ...................................................................................................... 1 Part 3 General Provisions ........................................................................................... 1 Part 4 Definitions ........................................................................................................ 2 Part 5 Specific Regulations ........................................................................................ 3 Schedule A - Intermunicipal Business Licence Fee Sharing Formula ............................ 6 Page 1 of 6 DISTRICT OF MAPLE RIDGE BYLAW NO.6957-2012 A bylaw to enter into an Intermunicipal Business Licence Scheme WHEREAS Fraser Valley municipalities wish to enter into an agreement with one-another to permit certain categories of Businesses to operate across municipal jurisdictions within the Fraser Valley region while minimizing the need to obtain a separate Municipal Business Licence in each jurisdiction; AND WHEREAS each of the undersigned local governments (herein called singularly the Participating Municipality or as a group the “Participating Municipalities”) has adopted this Bylaw; NOW THEREFORE, the Council of the District of Maple Ridge enacts as follows: Part 1 Citation 1.1 This bylaw may be cited for all purposes as “Maple Ridge Intermunicipal Business Licence Bylaw No. 6957-2012”. Part 2 Severability 2.1 If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid portion must be severed and the remainder of this bylaw is deemed to have been adopted without the severed section, subsequent paragraph, subparagraph, clause or phrase. Part 3 General Provisions 3.1 There is hereby established an Intermunicipal Business Licence scheme, pursuant to section 14 of the Community Charter and according to the terms and conditions of this Bylaw. 3.2 The Intermunicipal Business Licence scheme established by this Bylaw would operate for a twelve (12) month term ending December 31, 2013 and will be reviewed six (6) months after the commencement of this bylaw. Page 2 of 6 Part 4 Definitions 4.1 In this bylaw, unless the context otherwise requires, the following words have the following meanings: “Business” has the meaning as defined by the Community Charter. “Community Charter” means the Community Charter, S.BC. 2003, c.26. “Mobile Business” means a trades contractor or other professional (related to the construction industry) that provides a service or product other than from their Premises. “Intermunicipal Business Licence” means a business licence which authorizes a Mobile Business to be carried on within the jurisdictional boundaries of any or all of the Participating Municipalities in accordance with this Bylaw. “Municipal Business Licence” means a licence or permit, other than an Intermunicipal Business Licence, issued by a Participating Municipality that authorizes a Business to be carried on within the jurisdictional boundaries of that Participating Municipality. “Participating Municipality” means those of the following municipalities that have adopted this Bylaw: “Person” has the meaning as defined by the Interpretation Act, S.B.C. 1996, c. 238. “Premises” means a fixed or permanent location where the Person ordinarily carries on Business. “Principal Municipality” means the Participating Municipality where a Business is located or has a Premise. City of Abbotsford District of Maple Ridge City of Chilliwack District of Mission District of Hope City of Pitt Meadows City of Langley City of Surrey Township of Langley Page 3 of 6 Part 5 Specific Regulations 5.1 Subject to sections 5.2 and 5.4, a Person who has obtained an Intermunicipal Business Licence may carry on Business within any Participating Municipality for the term authorized by the Intermunicipal Business Licence without obtaining a Municipal Business Licence in the other Participating Municipalities. 5.2 A Principal Municipality may issue an Intermunicipal Business Licence to an applicant for an Intermunicipal Business Licence provided the applicant is a Mobile Business and meets the requirements of this Bylaw in addition to the requirements of the Municipal Business Licence bylaw of the Principal Municipality. 5.3 Notwithstanding that a Person may hold an Intermunicipal Business Licence that would make it unnecessary to obtain a Municipal Business Licence in other Participating Municipalities, the Person must still comply with all other regulations of any municipal business licence bylaw or regulation in addition to any other bylaws that may apply within any jurisdiction in which the Person carries on Business. 5.4 A Person that operates a Mobile Business may only apply for an Intermunicipal Business Licence from the Participating Municipality in which they maintain a Premise. 5.5 Neither this Bylaw nor the issuance of an Intermunicipal Business Licence eliminates a requirement of a holder of an Intermunicipal Business Licence to obtain a Municipal Business Licence for each Premises that is maintained within the jurisdiction of the Participating Municipality. 5.6 The Intermunicipal Business Licence fee is $250 and is payable to the Principal Municipality. The Intermunicipal Business Licence fee is separate and additional to any Municipal Business Licence fee that may be required. 5.7 Notwithstanding that some Participating Municipalities pro-rate their Municipal Business Licence fee, the Intermunicipal Business Licence fee must not be pro-rated. 5.8 The revenue generated from Intermunicipal Business Licence fees is shared amongst all Participating Municipalities using the revenue sharing formula referred to in Schedule “A” of this Bylaw. 5.9 The Participating Municipalities agree that the revenue sharing formula will be reviewed from time to time, and without limiting the generality of the foregoing, the revenue sharing formula will be reviewed six (6) months after the commencement of this bylaw and at the end of the twelve (12) month term of the Intermunicipal Business Licence scheme established by this Bylaw. The revenue sharing formula will be altered as necessary upon agreement of all Participating Municipalities. 5.10 The revenue generated from Intermunicipal Business Licence fees collected in the period of January 1, 2013 to June 30, 2013 will be distributed by each Participating Municipality to the other Participating Municipalities by August 31, 2013. The revenue generated from Intermunicipal Business Licence fees collected in the period of July 1, 2013 to December 31, 2013 will be distributed by each Participating Municipality to the other Participating Municipalities by February 28, 2014. Page 4 of 6 5.11 The term of the Intermunicipal Business Licence is the same as the term for the Municipal Business Licence issued by the Principal Municipality for that Business category. 5.12 An Intermunicipal Business Licence issued within the twelve (12) month term of the Intermunicipal Business Licence scheme established by this Bylaw shall, until its term expires, remain valid within the jurisdictional boundaries of any or all of the Participating Municipalities. 5.13 Each Participating Municipality shall provide the other Participating Municipalities with information regarding the Intermunicipal Business Licences that it issues by way of regular updates on a shared database that is available to all Participating Municipalities. 5.14 A Participating Municipality may exercise the authority of the Principal Municipality and suspend an Intermunicipal Business Licence in relation to conduct by the holder within the Participating Municipality which would give rise to the power to suspend a business licence under the Community Charter or the Municipal Business Licence bylaw or regulation of the Participating Municipality. The suspension shall be in effect throughout all of the Participating Municipalities and it shall be unlawful for the holder to carry on the Business authorized by the Intermunicipal Business Licence in any Participating Municipality for the period of the suspension. 5.15 If the Council of a Participating Municipality is of the opinion that reasonable cause exists to cancel an Intermunicipal Business Licence issued by another of the Participating Municipalities, then it may by resolution reciting the details of such reasonable cause request the Principal Municipality that issued the licence to consider whether or not the licence should be cancelled pursuant to section 15 or section 60(2) of the Community Charter. 5.16 Any resolution made under section 5.15 of this Bylaw shall be communicated in writing to the Principal Municipality that issued the Intermunicipal Business Licence, together with such documentary evidence of the reasonable cause as may be available, and such Principal Municipality shall as soon thereafter as reasonably possible consider whether the Intermunicipal Business Licence should be cancelled. 5.17 In making any decision as to whether to cancel an Intermunicipal Business Licence under section 5.15 of this Bylaw or section 15 or section 60(2) of the Community Charter, the Principal Municipality shall approach the matter as if the conduct complained of had occurred within its own jurisdictional boundaries. 5.18 The Principal Municipality will retain the authority to hear related reconsiderations or appeals of suspensions and cancellations of Intermunicipal Business Licences. 5.19 Nothing in this Bylaw affects the authority of a Participating Municipality to suspend or cancel any business licence issued by that municipality or to enact regulations in respect of any category of Business under section 15 of the Community Charter. Page 5 of 6 5.20 In the event of an inconsistency between this Bylaw and any other bylaw relating to business licensing of a Participating Municipality, the provisions of this Bylaw shall take precedence. 5.21 This Bylaw shall come into force and take effect on the 1st day of January, 2013. READ A FIRST TIME this day of, 20 . READ A SECOND TIME this day of, 20 . READ A THIRD TIME this day of, 20 . ADOPTED BY COUNCIL this day of, 20 . PRESIDING MEMBER CORPORATE OFFICER Schedules Schedule A – Intermunicipal Business Licence Fee Sharing Formula Page 6 of 6 District of Maple Ridge Bylaw No. 6957–2012 SCHEDULE ‘A’ Intermunicipal Business Licence Fee Sharing Formula The revenue generated from Intermunicipal Business Licence fees is shared based on the following revenue sharing formula: Participating Municipality % share of revenue generated from Intermunicipal Business Licence fees City of Abbotsford 11.53% City of Chilliwack 6.21% District of Hope 0.87% City of Langley 11.75% Township of Langley 12.82% District of Maple Ridge 11.82% District of Mission 10.07% City of Pitt Meadows 1.95% City of Surrey 32.98% Total 100% District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: November 27, 2012 and Members of Council FILE NO: CDPR-0640-30 FROM: Chief Administrative Officer MEETING: Council SUBJECT: Program and Admission Fee Subsidization Policy 4.09 Special Service Delivery Policy 4.10 EXECUTIVE SUMMARY: See the attached report to the Maple Ridge-Pitt Meadows Parks & Leisure Services Commission dated November 8, 2012. RECOMMENDATION: That Program and Admission Fee Subsidization Policy 4.09 dated December 3, 1993 and Special Service Delivery Policy 4.10 dated January 10, 1994 be rescinded. Original signed by Kelly Swift _______________________________________________ Prepared by: Kelly Swift, General Manager, Community Development, Parks & Recreation Services Original signed by J.L. (Jim) Rule _______________________________________________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer :ik Attachment 1202 \\mr.corp\docs\CDPR-Admin\01-Admin\0540-Council-Committees\20-PLSC\02-Agendas\Regular\2012\2012-11- 08\PLSC_Participation_Prog_Pol_Review.doc #1 SUBJECT: Program and Admission Fee Subsidization Policy Recreation Access Policy (Special Service Delivery) EXECUTIVE SUMMARY: Council policies 4.09 and 4.10 have guided staff in the administration of the Participation Program since its inception in 1999. Staff are recommending that these policies be replaced with PLS Commission operational policies (P-044 and P-048) and further, that Commission recommend to Maple Ridge Council that policies 4.09 Program and Admission Fee Subsidization and 4.10 Special Service Delivery be rescinded. RECOMMENDATION: That the Program and Admission Fee Subsidization Policy P-044 and Recreation Access Policy P-048 attached to the staff report dated 2012-11-08 be designated as P&LS Commission operational policies and that they be adopted as amended noting that it will be subject to Maple Ridge Council rescinding Policy 4.09 Program and Admission Fee Subsidization and Policy 4.10 Special Service Delivery and, That the P&LS Commission recommends that Maple Ridge Council rescind Policy 4.09 Program and Admission Fee Subsidization dated December 3, 1993 and Policy 4.10 Special Service Delivery dated January 10, 1994. DISCUSSION: Background Context: Commission recognizes that all citizens have a right to access Parks and Leisure Service programs and facilities. Guided by Council Policies 4.09 and 4.10; the Parks and Leisure Services Participation Program meets this objective by offering reduced admission rates and program fees to Maple Ridge and Pitt Meadows residents who meet eligibility. The program ensures that cost is not a barrier to accessing Parks and Leisure programs and services. Maple Ridge Program and Admission Fee Subsidization Policy No. 4.09 and Special Service Delivery Policy 4.10 are the policies that have guided the Participation Program for a number of years. Staff are recommending that these policies be replaced with PLS Commission operational policies rather than Council policies. This aligns with the authority that Councils have provided to the Commission. The Commission policies have been modified and updated to ensure consistency with the Participation Program and alignment with the current document management procedures. The title of the Special Service Delivery Policy has also been changed to Recreation Access to be consistent with the current program. a) Desired Outcome: To establish Commission policies that guide staff in the administration of The Maple Ridge Pitt Meadows Parks and Leisure Services Participation Program that ensures all citizens have access to Parks & Leisure Services. Maple Ridge and Pitt Meadows Parks & Leisure Services Commission Report REGULAR MEETING November 8, 2012 \\mr.corp\docs\CDPR-Admin\01-Admin\0540-Council-Committees\20-PLSC\02-Agendas\Regular\2012\2012-11- 08\PLSC_Participation_Prog_Pol_Review.doc #2 b) Strategic Alignment: The proposed changes are in line with the 2010 Maple Ridge and Pitt Meadows Parks, Recreation and Culture Master Plan, ensuring a connected, energized and collaborative community and will provide citizens with opportunities to participate in recreational pursuits that are accessible to all. c) Citizen/Customer Implications: Citizens and customers who meet eligibility criteria will continue to have subsidized access to Parks and Leisure Services. d) Business Plan/Financial Implications: Overall, the policies will not have a significant impact on the operating budget as no change in actual practice is anticipated at this time but rather is bringing the policies in alignment with current practices. Reduced rates create the ability for citizens to access services at a reduced cost; the proportion of revenue gained through the subsidy program may not otherwise be realized. e) Policy Implications: The policies have been updated to reflect the recommended changes. CONCLUSIONS: The Participation Program provides considerable value to the citizens of Maple Ridge and Pitt Meadows who otherwise could not participate in positive community leisure and recreation programs and services. Such participation provides a benefit to the overall community. The new Commission policies will ensure that the Participation Program continues to serve those citizens who are challenged with financial barriers. Prepared By: Petra Frederick, Coordinator, Recreation Access Approved By: Wendy McCormick, Director, Recreation Approved By: Kelly Swift General Manager, Community Development Parks & Recreation Services :pf Attachments: DMR Policy 4.09 Program and Admission Fee Subsidization dated December 13, 1993 DMR Policy 4.10 Special Service Delivery dated January 10, 1994 PLS Commission Policy P-044 Program and Admission Fee Subsidization PLS Commission Policy P-048 Recreation Access Date Printed: October 29, 2009 Page 1 of 2 Policy 4.09 DISTRICT OF MAPLE RIDGE TITLE: PROGRAM AND ADMISSION FEE SUBSIDIZATION POLICY NO. 4.09 APPROVAL DATE: December 13, 1993 POLICY STATEMENT: Residents’ access to programs and public recreation facilities will be subsidized within established guidelines at the discretion of the Parks and Recreation management for individuals who cannot financially afford to participate in a recreation service due to admission and program fees. While it is recognized that many people do not have the ability to pay the full fee for programs and services, all participants are required to pay a portion of the fee. PURPOSE: The purpose of this policy is to recognize that all citizens of Maple Ridge have an equal right of access to the public recreational services in their community and to ensure that assistance and support is provided to economically disadvantaged groups, families and individuals who wish to participate in activities and programs at an equal opportunity as those who participate on a paying basis. Subsidies will be provided sufficient to permit access by members of the public with limited financial means to a similar level of service as that enjoyed by those who participate on a full payment basis. DEFINITIONS: This policy is supported by the Special Services Delivery Policy and the Fees and Charges Policy. A Maple Ridge resident or property owner should not be refused admission or registration for recreation activity due to the inability to pay a fee or charge. Systems should be put in place to leisure access to the same level of service for which most residents would be in a position to pay. Decisions to subsidize program and admission fees will be at the discretion of the Parks & Recreation Management. The policy is based on the principle of the rights and responsibility of the individual in making choices for specific areas to apply this subsidy. A personal interview will be conducted to determine the individual's ability to pay. At this interview, questions concerning the individual's financial situation will be raised. Should the individual be referred by Social Services, Mental Health or a community support organization details regarding financial limitations will be waived. Date Printed: October 29, 2009 Page 2 of 2 Policy 4.09 ADMISSION FEE SUBSIDIZATION Approval for partial subsidy of admission fees for residents will be determined by the individual's ability to pay and at the same level for which most residents would be in a position to pay. All tickets are accountable and must be recorded. PROGRAM FEE SUBSIDIZATION Approval for partial subsidy of program fees for residents will be determined providing the program would have sufficient registration to run without the subsidized participant and the program limit has not been exceeded at the time of application. REFERENCE Maple Ridge Parks & Recreation Policy and Procedure Manual Section: Finance File #: FIN-22 (Section: 11.5.3;11.6.4) File #: FIN-23 Section: Office Administration File #: ADM-20 Section: Programs File #: PRO-6 File #: PRO-7 Date Printed: October 30, 2009 Page 1 of 1 Policy 4.10 DISTRICT OF MAPLE RIDGE TITLE: SPECIAL SERVICE DELIVERY POLICY NO. 4.10 APPROVAL DATE: January 10, 1994 POLICY STATEMENT: All citizens should have equal access to engage in quality leisure opportunities in their community and steps will be taken to facilitate such access. PURPOSE: It is the commitment of the Department to ensure that assistance and support is provided to groups or individuals that may have challenges when accessing leisure opportunities. DEFINITIONS: This includes persons with physical, social, mental or emotional disabilities, persons that face cultural and/or language barriers and persons with financial limitations. The Department will work with community agencies and individuals to provide accessible recreational activities. The Special Services position shall ensure opportunities are available for all residents to develop their full potential through chosen leisure experiences. REFERENCE: Maple Ridge Parks & Recreation Policy and Procedure Manual Section: Program Services File #: PRO-7 P044_PLSC_Program_Admission_Fee_Subsidization TITLE: PROGRAM AND ADMISSION FEE SUBSIDIZATION AUTHORITY: PLS Commission EFFECTIVE DATE: 2012-11-08 POLICY NO. P-044 SUPERSEDES: DMR Policy 4.09 Dated 1993-12-03 APPROVAL: __________________________ POLICY STATEMENT: Residents’ access to programs and public recreation facilities will be subsidized within established guidelines at the discretion of the Parks and Recreation management for individuals who cannot financially afford to participate in a recreation service due to admission and program fees. While it is recognized that many people do not have the ability to pay the full fee for programs and services, all participants are required to pay a portion of the fee. PURPOSE: The purpose of this policy is to recognize that all citizens of The District of Maple Ridge and the City of Pitt Meadows have an equal right of access to Parks and Leisure programs and services and to provide assistance and support to ensure economically disadvantaged groups and families have equal access as those who participate on a full payment basis. Subsidies will be provided sufficient to permit access by residents and property owners with limited financial means to a similar level of service as that enjoyed by those who participate on a full payment basis. Decision to subsidize program and admission fees will be at the discretion of the General Manager Community Development Parks and Recreation Services or his/her designate. The policy is based on the principle that each individual has the right and responsibility to make his/her own choice for specific areas to apply this subsidy. DEFINITIONS: Admission Fee Subsidization: Approval for partial subsidy of admission fees for residents will be determined by the individual’s ability to pay and at the same level for which most residents would be in a position to pay. Program Fee Subsidization: Approval for partial subsidy of admission and program fees will be provided, giving the rights and responsibility to the individual to make his/her own choice on specific areas to apply this subsidy if the program limit has not been exceeded at the time of application. P-048_PLSC_Recreation_Access TITLE: RECREATION ACCESS AUTHORITY: PLS Commission EFFECTIVE DATE: 2012-11-08 POLICY NO. P -048 SUPERSEDES: DMR Policy 4.10 Dated January 10, 1994 APPROVAL: POLICY STATEMENT: All citizens should have equal access to engage in quality leisure opportunities in their community and steps will be taken to facilitate such access. PURPOSE: It is the commitment of the Commission to ensure that assistance and support is provided to groups or individuals that may have challenges when accessing leisure opportunities. DEFINITIONS: This includes persons with physical, social, mental or emotional disabilities, persons that face cultural and/or language barriers and persons with financial limitations. The Department will work with community agencies and individuals to provide accessible recreational activities and staff will ensure opportunities are available for all residents to develop their full potential through chosen leisure experiences. NOTICE OF MOTION By Councillor Morden That the following resolution be submitted to the Federation of Canadian Municipalities: Release of Location of Licensed Medical Marihuana Producers WHEREAS there are inherent risks to licensed medical marihuana producers including break-ins and invasions due to the value of marihuana, health issues for all those living or working in locations where marihuana is grown, no regard for life health and safety features installed in buildings as required by building codes, installations of regulated devices by unqualified and uncertified persons, fire, chemical spills, injury to producers or others involved in production from the use of chemicals and fertilizers and their disposition; AND WHEREAS no information of the location of licensed medical marihuana producers is provided to emergency responders and law enforcement putting them at risk when responding to emergency events or investigating complaints at those locations thereby creating barriers to the investigation of suspected grow operations; THEREFORE BE IT RESOLVED THAT the Federation of Canadian Municipalities lobby Health Canada to provide the legal and usual civic address of all production licenses issued under the Medical Marihuana Access Regulations, together with specific details on production quantities, to the jurisdictional local Government for dissemination to emergency responders and law enforcement. 1701