HomeMy WebLinkAbout2012-12-11 Council Meeting Agenda and Reports.pdf
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District of Maple Ridge
COUNCIL MEETING AGENDA
December 11, 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 27, 2012
502 Minutes of the Development Agreements Committee Meetings of
November 21 and 27, 2012
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
December 11, 2012
Council Chamber
Page 2 of 6
600 PRESENTATIONS AT THE REQUEST OF COUNCIL
601 2013-2017 Proposed Financial Plan
- P. Gill, General Manager of Corporate and Financial Services
700 DELEGATIONS
800 UNFINISHED BUSINESS
900 CORRESPONDENCE
1000 BYLAWS
Note: Items 1001 to 1002 are from the Public Hearing of December 11, 2012
Bylaws for Third Reading
1001 2011-097-RZ, 12025 203rd Street and 20337 Dewdney Trunk Road
Maple Ridge Zone Amending Bylaw No. 6852-2011
To rezone from RS-1 (One Family Urban Residential) to RM-2 (Medium
Density Apartment Residential) to permit the future construction of a four-
storey apartment building with 22 units and an underground parkade
Third reading
1002 RZ/013/10, 22875 132 Avenue, property east of 22875 132 Avenue,
22942 and 22850 136 Avenue
1002.1 Maple Ridge Official Community Plan Amending Bylaw 6724-2010
To amend conservation boundaries, add a neighbourhood park and
relocate an equestrian trail
Third reading
1002.2 Maple Ridge Zone Amending Bylaw No. 6725-2010
To rezone 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 the future subdivision of 76 lots in two phases for the
development of single family residential, street townhouse, one agricultural
lot and a neighbourhood park
Third reading
Council Meeting Agenda
December 11, 2012
Council Chamber
Page 3 of 6
Bylaws for Final Reading
1003 RZ/044/09, 11213 and 11247 240 Street
11213 and 11247 240th Street Housing Agreement Bylaw No. 6954-2012
To authorize the District of Maple Ridge to enter into a housing agreement
with Gold Leaf Enterprises Ltd. for property at 11213 and 11247 240
Street to allow apartment as a principal use on condition that all of the
proposed 16 residential units remain as rental housing
Final reading
1004 RZ/044/09, 11213, 11247, 11299, 11333 and 11263 240 Street
Staff report dated December 11, 2012 recommending final reading
1004.1 Maple Ridge Official Community Plan Amending Bylaw No. 6684-2009
To change the commercial designation and to define the conservation
boundary of Rainbow Creek
Final reading
1004.2 Maple Ridge Zone Amending Bylaw No. 6685-2009
To rezone from RS-3 (One Family Rural Residential) to RM-1 (Townhouse
Residential) to permit development of 167 townhouses
1004.3 Maple Ridge Zone Amending Bylaw No. 6696-2009
To rezone from RS-3 (One Family Rural Residential) to C-1 (Neighbourhood
Commercial) to permit a commercial/mixed use building
1005 Maple Ridge Intermunicipal Business Licence Bylaw No. 6957-2012
To enter into an Intermunicipal Business Licence Scheme to permit certain
categories of businesses to operate across municipal jurisidictions within
the Fraser Valley region while minimizing the need to obtain a separate
Municipal Business Licence in each jurisdiction
Final reading
1006 Maple Ridge Vacant/Abandoned Building Bylaw No. 6958-2012
To control the condition of vacant/abandoned buildings to reduce risk
Final reading
COMMITTEE REPORTS AND RECOMMENDATIONS
1100 COMMITTEE OF THE WHOLE
1100 Minutes – December 3, 2012
Council Meeting Agenda
December 11, 2012
Council Chamber
Page 4 of 6
Public Works and Development Services
1101 DVP/DP/045/09, 11213 and 11247 240 Street
Staff report dated December 3, 2012 recommending that the Corporate
Officer be authorized to sign and seal DVP/045/09 to vary setbacks and
building heights and that the Corporate Officer be authorized to sign and
seal DP/045/09 to permit construction of a mixed use building.
1102 DVP/DP/046/09, 11213, 11247, 11263, 11299 and 11333 240 Street
Staff report dated December 3, 2012 recommending that the Corporate
Officer be authorized to sign and seal DVP/046/09 for setback and height
variances and that the Corporate Officer be authorized to sign and seal
DP/046/09 to permit construction of a phased strata development for 165
townhouse units.
1103 DVP/091/10, 24371 and 24417 112 Avenue
Staff report dated December 3, 2012 recommending that the Corporate
Officer be authorized to sign and seal DVP/091/10 to vary building height
for the R-1 and RS-1b zoned buildings.
Financial and Corporate Services (including Fire and Police)
1131 Adjustments to the 2012 Collector’s Roll
Staff report dated December 3, 2012 submitting information on changes to
the 2012 Collector’s Roll through the issuance of Supplementary Roll 09.
Community Development and Recreation Service
1151
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
December 11, 2012
Council Chamber
Page 5 of 6
Correspondence
1171
Other Committee Issues
1181
1200 STAFF REPORTS
1201 2013 Acting Mayor, Committee and Commission Appointments
Staff report dated December 11, 2012 recommending that the Acting
Mayor schedule and appointments to Government agencies, advisory
and/or legislated committees, special committees, community groups and
organizations and standing committees be approved.
1300 RELEASE OF ITEMS FROM CLOSED COUNCIL
1400 MAYOR’S REPORT
1500 COUNCILLORS’ REPORTS
1600 OTHER MATTERS DEEMED EXPEDIENT
1700 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETING
1800 QUESTIONS FROM THE PUBLIC
Council Meeting Agenda
December 11, 2012
Council Chamber
Page 6 of 6
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 27, 2012
The Minutes of the Municipal Council Meeting held on November 27, 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
Mayor Daykin welcomed and introduced Ms. Karina LeBlanc, goalkeeper
for the Women’s Canadian National Soccer Team and a former resident of
Maple Ridge.
Ms. LeBlanc spoke to the importance of a community in an athlete’s life
and to the people in the community of Maple Ridge who have made a
difference in her life especially her parents and teachers. She thanked all
for the support shown her as well as the Canadian Women’s soccer team
throughout the year and particularly during the Olympics.
501
Council Minutes
November 27, 2012
Page 2 of 20
300 INTRODUCTION OF ADDITIONAL AGENDA ITEMS
Addition of Item 803 Amenity Zoning and consideration of Item 1006
following Item 702
400 APPROVAL OF THE AGENDA
The agenda was approved as amended
500 ADOPTION AND RECEIPT OF MINUTES
501 Minutes of the Regular Council Meeting of November 13, 2012
R/2012-508 501
Minutes
Regular Council It was moved and seconded
November 13, 2012
That the minutes of the Regular Council Meeting of November
13, 2012 be adopted as circulated
CARRIED
502 Minutes of the Public Hearing of November 20, 2012
R/2012-509 502
Minutes
Public Hearing It was moved and seconded
November 20, 2012
That the minutes of the Public Hearing of November 20, 2012
be adopted as circulated.
CARRIED
503 Minutes of the Development Agreements Committee Meetings of
November 9(2), and 15, 2012
R/2012-510 503
Minutes
Development Agmt It was moved and seconded
Committee
That the minutes of the Development Agreements Committee
Meetings of November 9(2) and 15, 2012 be received.
CARRIED
Council Minutes
November 27, 2012
Page 3 of 20
600 PRESENTATIONS AT THE REQUEST OF COUNCIL
601 State of the District Address
Mayor Daykin provided an update on work done at the District from
December 2011 to November 2012.
700 DELEGATIONS
701 Operation Red Nose
• Emma Broadfoot, Promotions Coordinator
Ms. Broadfoot introduced “Rudy”, the mascot for Operation Red Nose. She
gave a PowerPoint presentation outlining the services of Operation Red
Nose. She encouraged residents to volunteer and advised that forms for
those wishing to volunteer can be dropped off at Maple Ridge Towing.
702 Savannah and Serval Society of BC
Ms. Chris Kemp of the Savannah and Serval Society of BC gave a
PowerPoint presentation which provided details of the history, background
and traits of the domesticated serval cat. Ms. Kemp asked that servals be
considered exempt under Bylaw No. 6908-2012.
Note: Item 1006 was dealt with following Item 702
800 UNFINISHED BUSINESS
801 Town Centre Properties
Consideration of motion put forward by Councillor Ashlie at the November
13, 2012 Council Meeting
Councillor Ashlie spoke to the resolution. She outlined the history and
outcome of the downtown incentive program and put forward that the same
strategy could be used in other areas of Maple Ridge.
R/2012-511
Town Centre
Properties It was moved and seconded
Resolution
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
Council Minutes
November 27, 2012
Page 4 of 20
development within the Town Centre Plan and significant area
plans, such as Albion Flats.
CARRIED
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.
R/2012-512
Medical Marihuana
Prepare zoning and It was moved and seconded
other bylaw
amendments
That staff be directed to work with legal counsel to prepare
Zoning and other bylaw amendments as needed to establish
the commercial 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.
CARRIED
Note: Item 803 was forwarded from the November 26, 2012 Special Council
Workshop Meeting
803 Amenity Zoning Resolution Recommendation
R/2012-513
Amenity Zoning
It was moved and seconded
1. That the report prepared by City Spaces Consulting
entitled Amenity Zoning: Analysis and Options be received;
and
2. That the area within the Albion Area Plan boundaries be
used as a pilot project for amenity zoning in the District;
and
Council Minutes
November 27, 2012
Page 5 of 20
3. That the staff be directed to report back on a list of
potential amenities within the Albion Area Plan boundaries
and the appropriate mechanisms for achieving those
amenities; and further
4. That the process identified to conclude the
implementation of amenity zoning in the Albion Area be
approved.
CARRIED
900 CORRESPONDENCE – Nil
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
R/2012-514
2011-084-RZ
BL No. 6875-2011 It was moved and seconded
Third reading
That Bylaw No. 6875-2011 be given third reading.
CARRIED
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), R-2 (Urban Residential
District) & C-1 (Neighborhood Commercial) to permit subdivision into 24
RST lots, 39 single family lots and1 commercial lot
Third reading
Council Minutes
November 27, 2012
Page 6 of 20
R/2012-515
2011-084-RZ
BL No. 6853-2011 It was moved and seconded
Third reading
That Bylaw No. 6853-2011 be given third reading.
CARRIED
1001.3 Maple Ridge Zone Amending Bylaw No. 6947-2012
To amend the C-1 zone to allow apartment use
Third reading
R/2012-516
2011-084-RZ
BL No. 6947-2012 It was moved and seconded
Third reading
That Bylaw No. 6947-2012 be given third reading.
CARRIED
Note: Councillor Hogarth excused himself from the discussion of Item 1002 at
8:40 p.m. as in his role as property manager he is involved in a dispute with
the tenant on the property.
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 Turnock/
Morse Residence and the construction of an apartment building
Third reading
The Director of Planning provided details on the tax exemption.
R/2012-517
2011-089-RZ
BL No. 6913-2012 It was moved and seconded
Third reading
That Bylaw No. 6913-2012 be given third reading.
CARRIED
Council Minutes
November 27, 2012
Page 7 of 20
Note: Councillor Hogarth returned to the meeting at 8:44 p.m.
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
R/2012-518
RZ/033/08
BL No. 6621-2008 It was moved and seconded
Third reading
That Bylaw No. 6621-2008 be given third reading.
CARRIED
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
R/2012-519
2012-017-RZ
BL No. 6909-2012 It was moved and seconded
Third reading
That Bylaw No. 6909-2012 be given third reading.
CARRIED
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
R/2012-520
2011-055-RZ
BL No. 6832-2011 It was moved and seconded
Final reading
That Bylaw No. 6832-2011 be adopted.
CARRIED
Council Minutes
November 27, 2012
Page 8 of 20
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
R/2012-521
2011-055-RZ
BL No. 6833-2011 It was moved and seconded
Final reading
That Bylaw No. 6833-2011 be adopted.
CARRIED
Note: Item 1006 was dealt with prior to Item 1001
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
The Director of Licences, Permits and Bylaws provided clarification on the
District of Maple Ridge’s Animal Control and Licencing Bylaw in terms of the
definition of domestic cat in the bylaw. She outlined the work done
pertaining to the classification of the serval cat in the bylaw. She indicated
there is a time factor involved in the necessity of passing Bylaw No. 6908-
2012. She recommended that Council could consider non-enforcement on
the keeping of serval cats in Maple Ridge.
R/2012-522 1006.1
BL No. 6908-2012
Final reading It was moved and seconded
That Bylaw No. 6908-2012 be adopted.
CARRIED
R/2012-523 1006.2
Serval Cats
Non-Enforcement It was moved and seconded
Order
That an Order of Non-Enforcement on the keeping of serval
cats in Maple Ridge be endorsed until such time as staff can
report back to Council on the ramifications of designating them
as domestic cats under the Animal Control Bylaw.
CARRIED
Council Minutes
November 27, 2012
Page 9 of 20
R/2012-524 1006.3
Dogs near
Playgrounds It was moved and seconded
Forward to MR&PM
P&LSC
That the Maple Ridge/Pitt Meadows Parks and Leisure
Services Commission discuss the section of the Animal Bylaw
provision that prohibits dogs within a 5 m limit near a
playground or field at its next scheduled meeting.
CARRIED
COMMITTEE REPORTS AND RECOMMENDATIONS
1100 COMMITTEE OF THE WHOLE
Minutes – November 19, 2012
R/2012-525
Minutes
COW It was moved and seconded
November 19, 2012
That the minutes of the Committee of the Whole Meeting of
November 19, 2012 be received.
CARRIED
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.
R/2012-526
2012-091-RZ
BL No. 6949-2012 It was moved and seconded
First reading
That Zone Amending Bylaw No. 6949-2012 be given first
reading; and
Council Minutes
November 27, 2012
Page 10 of 20
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.
CARRIED
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.
R/2012-527
RZ/013/10
BL No. 6724-2010 It was moved and seconded
First, second, PH
BL No. 6725-2010
Second, PH
1. That 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 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 Bylaw No. 6724 - 2010 be considered in conjunction
with the Capital Expenditure Plan and Waste Management
Plan;
4. That it be confirmed that Bylaw No. 6724 - 2010 is
consistent with the Capital Expenditure Plan and Waste
Management Plan;
Council Minutes
November 27, 2012
Page 11 of 20
5. That 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.
CARRIED
Council Minutes
November 27, 2012
Page 12 of 20
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.
R/2012-528
2011-097-RZ
BL No. 6852-2011 It was moved and seconded
Second reading
Forward to PH
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;
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;
Council Minutes
November 27, 2012
Page 13 of 20
ix. Pursuant to the Contaminated Site Regulations of
the Environmental Management Act, the property
owner will provide a Site Profile for the subject lands.
CARRIED
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.
R/2012-529
RZ/044/09
BL No. 6954-2012 It was moved and seconded
Three readings
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 240 Street Housing Agreement
Bylaw No. 6954-2012 be given first, second and third
reading.
CARRIED
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.
R/2012-530
2011-015-RZ
BL No. 6953-2012 It was moved and seconded
Three readings
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
Council Minutes
November 27, 2012
Page 14 of 20
2. That 11959 203 Street Housing Agreement Bylaw No.
6953-2012 be given first, second and third reading.
CARRIED
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.
R/2012-531
2011-055-DVP
Sign and seal It was moved and seconded
That the Corporate Officer be authorized to sign and seal
2011-055-DVP respecting property located at 11461 and
11475 236 Street.
CARRIED
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.
R/2012-532
2011-055-DP
Sign and seal It was moved and seconded
That the Corporate Officer be authorized to sign and seal
2011-055-DP respecting property located at 11461 and
11475 236 Street
CARRIED
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 Minutes
November 27, 2012
Page 15 of 20
R/2012-533
Fraser Sewer Area
Include 24426 It was moved and seconded
102 Avenue
That the Greater Vancouver Sewerage and Drainage District
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 the staff report dated November 19, 2012.
CARRIED
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.
R/2012-534
Disbursements
October 2012 It was moved and seconded
That the disbursements as listed below for the month ended
October 31, 2012 be approved:
General $11,437,935.
Payroll $ 1,704,227.
Purchase Card $ 116,364.
$ 13,258,526.
CARRIED
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.
Council Minutes
November 27, 2012
Page 16 of 20
R/2012-535
BL No. 6958-2012
Three readings It was moved and seconded
That Bylaw No. 6958-2012 be given first, second and third
readings.
R/2012-536
BL No. 6958-2012
Deferral It was moved and seconded
DEFEATED
That Bylaw No. 6958-2012 be deferred.
AMENDMENT DEFEATED
Mayor Daykin, Councillor Ashlie, Councillor Dueck, Councillor
Masse, Councillor Morden - OPPOSED
MOTION CARRIED
Councillor Hogarth, Councillor Bell - OPPOSED
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.
The General Manager of Community Development, Parks and Recreation
Services provided clarification on the process undertaken to request
further feedback from participants in the downtown engagement process.
R/2012-537
Downtown Update
It was moved and seconded
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.
CARRIED
Council Minutes
November 27, 2012
Page 17 of 20
Correspondence – Nil
Other Committee Issues – Nil
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.
R/2012-538
BL No. 6957-2012
Three readings It was moved and seconded
That Bylaw No. 6957-2012 be given first, second and third
readings.
CARRIED
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.
R/2012-539
Policy 4.09
Policy 4.10 It was moved and seconded
Rescind
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.
CARRIED
Council Minutes
November 27, 2012
Page 18 of 20
1300 RELEASE OF ITEMS FROM CLOSED COUNCIL
From the November 19, 2012 Closed Council Meeting
• Bylaw Dispute Adjudication System – release of staff report
excluding legal opinion
For information only
No motion required
Note: Item 1400 was dealt with following Item 1500
1400 MAYOR’S REPORT
1500 COUNCILLORS’ REPORTS
Councillor Hogarth
Councillor Hogarth attended a meeting of the Maple Ridge and Pitt
Meadows Municipal Advisory Committee on Accessibility Issues.
Councillor Dueck
No report
Councillor Ashlie
Councillor Ashlie acknowledged November 20, 2012 as International
Children’s Day. She attended the announcement of a bylaw in regard to
liquor establishments displaying tags indicating that there should be no
liquor consumption on the premises for women who are pregnant.
Councillor Morden
Councillor Morden attended the first annual Chamber of Commerce
Business Summit, a Holistic Homelessness meeting, meetings of the Maple
Ridge-Pitt Meadows Bicycle Advisory Committee and the Youth Centre
Society. He also attended the Dhawali Festival of Lights celebration.
Councillor Masse
Councillor Masse requested that Mayor Daykin advise when the public
consultation process pertaining to transit service changes will be hosted by
TransLink. He encouraged residents to attend.
Mayor Daykin advised that the TransLink public meeting is scheduled for
December 6, 2012 from 4:00 p.m. to 7:00 p.m. at the ACT
Council Minutes
November 27, 2012
Page 19 of 20
Councillor Bell
Councillor Bell attended a meeting of the Ridge Meadows Recycling Society
Committee. She advised that the Christmas Haven event is scheduled for
December 24 and that a donation box will be at the Maple Ridge Leisure
Centre as of December 1. She attended the launching of the “Be
Someone” campaign in memory of Amanda Todd.
Mayor Daykin also attended the “Be Someone” campaign launch in
memory of Amanda Todd and advised that he would like to enlist the help
of a champion to further this cause in Maple Ridge.
1600 OTHER MATTERS DEEMED EXPEDIENT – Nil
1700 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETINGS
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
Councillor Morden advised that this motion was put forward to address the
safety risk to personnel who attend licenced medical marihuana production
facilities.
1800 QUESTIONS FROM THE PUBLIC
Lauren MacKenzie
Ms. MacKenzie asked whether servals have been a problem in Maple
Ridge and what and who is driving the schedule attached to the bylaw. She
requested that Council consider servals exempt and reconsider should
problems arise.
Harout Kabakian
Mr. Kabakian stated that the street he resides on does not have street
lights or sidewalks. He asked why he was told by the Engineering
Department that should he wish a streetlight installed, he will have to pay
for one. He asked why he would be required to pay. He also asked what
was being done about the Salvation Army building and the issues there.
Council Minutes
November 27, 2012
Page 20 of 20
Rick White
Mr. White asked how the SPCA has dealt with loose servals in the past. He
asked if the Savannah and Serval Cat Society could be part of a
presentation in the future if the SPCA won’t deal with the cats. He stated
there are 25 other jurisdictions where the SPCA does deal with them.
1900 ADJOURNMENT - 10:12 p.m.
_______________________________
E. Daykin, Mayor
Certified Correct
___________________________________
C. Marlo, Corporate Officer
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 27th day of November, 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
1001
12099
2032512111
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12110IRVING ST.DEWDNEY TRUNK ROAD
203 ST.20
4
B ST.
119 AVE.
P 75684
P 76062 A
BEPP 20037
1
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P 83237
RP 17121
Rem 1
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P 12828BCP 163172 P 1861245
B
17
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2
RW 21843
RW 18394
LMP 34018LMP 27218LMP 38261 (lease)LP 77624LMP 40540 (lease)LMP 34018LMP 1279
RW 61705 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)
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.
1002.1
4. Maple Ridge Official Community Plan Bylaw No.6425-2006 is hereby amended accordingly.
READ A FIRST TIME the 27th day of November, A.D. 2012.
READ A SECOND TIME the 27th day of November, A.D. 2012.
PUBLIC HEARING HELD the day of , A.D. 20 .
READ A THIRD TIME the day of , A.D. 20 .
RECONSIDERED AND FINALLY ADOPTED , the day of , A.D. 20 .
______________________________ ______________________________
PRESIDING MEMBER CORPORATE OFFICER
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
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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.
READ a second time the 27th day of November, A.D. 2012.
PUBLIC HEARING held 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
1002.2
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)
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 240th 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 27th day of November, A.D. 2012.
READ a second time the 27th day of November, A.D. 2012.
READ a third time the 27th day of November, A.D. 2012.
RECONSIDERED AND FINALLY ADOPTED, the day of A.D. 2012.
_____________________________ ____________________________
PRESIDING MEMBER CORPORATE OFFICER
1003
- 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
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.
- 2 -
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.
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
- 3 -
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.
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
- 4 -
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;
(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
- 5 -
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: December 11, 2012
and Members of Council FILE NO: RZ/044/09
FROM: Chief Administrative Officer MEETING: COUNCIL
SUBJECT: Final Reading:
Official Community Plan Amending Bylaw No. 6684-2009
Zone Amending Bylaw No. 6685-2009
Zone Amending Bylaw No. 6696-2009
11213, 11247, 11299, 11333 and 11263 240 Street
EXECUTIVE SUMMARY:
Bylaws 6684-2009 and 6685-2009 have been considered by Council and at Public Hearing and
subsequently were granted Third Reading and two extensions as permitted under Maple Ridge
Development Procedures Bylaw No. 5879-1999.
This application is to rezone the subject properties (Appendix A) from RS-3 (One Family Rural
Residential) to C-1 (Neighbourhood Commercial) zone and RM-1 (Townhouse Residential) zone, to
permit the construction of a Commercial/Mixed Use building and 167 townhouses. 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. On November 27, 2012,
Council gave three readings to the Housing Agreement Bylaw No. 6954-2012. Council will be
considering this bylaw for the Final Reading at the December 11, 2012 Council meeting along with
the Development Permit and Variance Permit reports (DP and VP/045/09 and DP and VP/046/09)
to support this development.
This application requires an Official Community Plan amendment to Schedule “B” and “C” to change
the commercial designation and to define the conservation boundary of Rainbow Creek.
RECOMMENDATION:
That Official Community Plan Amending Bylaw No. 6684-2009 be adopted; and
That Zone Amending Bylaw No. 6685-2009 be adopted; and
That Zone Amending Bylaw No. 6696-2009 be adopted.
DISCUSSION:
a) Background Context:
Council considered this rezoning application at a Public Hearing held on December 15, 2009. On
December 15, 2009 Council granted Third Reading to Maple Ridge Official Community Plan
1004
- 2 -
Amending Bylaw No. 6684-2009 and Maple Ridge Zone Amending Bylaw No. 6685-2009 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 security as outlined in the Agreement;
ii. Amendment to Schedule “B” & “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. Registration of a “Housing Agreement” stating that the apartment units above the
commercial building will be restricted to residential rental units;
v. Registration of a Restrictive Covenant protecting the parking dedicated to the
residential rental units;
vi. Registration of a Restrictive Covenant for the habitat protection areas outside the
dedicated park area;
vii. A Statutory right of way plan and agreement for municipal services must be
registered at the Land Title Office;
viii. A Statutory right of way plan and agreement for the multi-purpose trial on strata
property must be registered at the Land Title Office;
ix. Road dedication as required;
x. Park dedication as required;
xi. Consolidation of the development site;
xii. Removal of the existing buildings;
xiii. Registration of a Restrictive Covenant protecting the Visitor parking on the
townhouse strata lot.
The following applies to the above:
Items i, iii, iv, v, vi, viii, ix, x, xi and xiii will be executed as per the Letter of Undertaking from the
developer’s lawyer, Buckley Hogan Law Office.
Item vii above is no longer required as per confirmation from the Engineering Department.
Item ii above will be completed after Council approval.
Item xii above has been completed as the properties are vacant.
b) Additional Information:
Due to changes in the market conditions, Council granted two extensions to this application in
December 2010 and 2011. This development is proposed in four phases and the developer feels
positive about the market. This development is anticipated to implement off-site upgrades fronting
240th Street and 112th Avenue as well as the traffic signal upgrades. It is anticipated that approval of
this proposal will trigger proceeding of some other proposals in the vicinity waiting for this to happen.
It is also the first Housing Agreement project to ensure quality rental options for our citizens.
- 3 -
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. 6684-2009 and Maple Ridge Zone
Amending Bylaw No. 6685-2009.
“Original signed by Rasika Acharya” __
Prepared by: Rasika Acharya, B-Arch, M-Tech, UDC, 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
Appendix B – Official Community Plan Amending Bylaw No. 6684-2009
Appendix C – Zone Amending Bylaw No. 6685-2009 and 6696-2009
City of PittMeadows
District ofLangley District of MissionFRASER R.
^
DATE: Dec 6, 2012 RZ/045/09 BY: DT
11213/11247/11263/11299/11333
240 St
CORPORATION OF
THE DISTRICT OF
MAPLE RIDGE
PLANNING DEPARTMENT
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Subject Properties
´
Scale: 1:2,500
Appendix A
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO.6684-2009
A Bylaw to amend the Official Community Plan
_______________________________________
WHEREAS Section 882 of the Local Government Act provides that the Council may revise the
Official Community Plan;
AND WHEREAS it is deemed desirable to amend 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. 6684-2009
2. Schedule "B" is hereby amended for that parcel or tract of land and premises known and
described as:
Lot: 5, Section: 16, Township: 12, NWD Plan: 26163; PID: 002-328-569
And Lot: 6, Section: 16, Township: 12, NWD Plan: 26163; PID: 008-272-123
And Parcel B, Part S 1/2 of S 1/2 of SE 1/4, Section: 16, Township: 12, NWD Plan: RP3659;
PID: 013-300-962
And Parcel B, Part N 1/2 of S 1/2 of SE 1/4; Section: 16, Township: 12; NWD Plan: RP3659;
PID: 013-300-971
And Parcel B, Part N 1/2 of SE 1/4, REF PL 3659; Section: 16, Township: 12;
PID: 013-300-946
and outlined in heavy black line on Map No. 779, a copy of which is attached hereto and
forms part of this bylaw are hereby redesignated as shown.
3. Schedule “C” is hereby amended for that parcel or tract of land and premises known and
described as:
Lot: 5, Section: 16, Township: 12, Plan: 26163; PID: 002-328-569
And Lot: 6, Section: 16, Township: 12, Plan: 26163; PID: 008-272-123
And Parcel B, Part S 1/2 of S 1/2 of SE 1/4, Section: 16, Township: 12, Plan: RP3659;
PID: 013-300-962
And Parcel B, Part N 1/2 of S 1/2 of SE 1/4; Section: 16, Township: 12; Plan: RP3659;
PID: 013-300-971
And Parcel B, Part N 1/2 of SE 1/4, REF PL 3659; Section: 16, Township: 12;
PID: 013-300-946
1004.1
and outlined in heavy black line on Map No.780, a copy of which is attached hereto and
forms part of this Bylaw, are hereby amended by adding Conservation.
4. Maple Ridge Official Community Plan Bylaw No.6425-2006 is hereby amended accordingly.
READ A FIRST TIME the 24th day of November, A.D. 2009.
PUBLIC HEARING HELD the 15th day of December, A.D. 2009.
READ A SECOND TIME the 15th day of December, A.D. 2009.
READ A THIRD TIME the 15th day of December, A.D. 2009.
RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 200 .
___________________________________ _____________________________
MAYOR CORPORATE OFFICER
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6685-2009
A Bylaw to amend Map A forming part
of Zoning Bylaw No. 3510 - 1985 as amended.
___________________________________________________________
WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 -
1985 as amended;
NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple
Ridge, in open meeting assembled, ENACTS AS FOLLOWS:
1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6685-2009."
2. Those parcels or tracts of land and premises known and described as:
Lot: 5, Section: 16, Township: 12, NWD Plan: 26163; PID: 002-328-569
And Lot: 6, Section: 16, Township: 12, NWD Plan: 26163; PID: 008-272-123
And Parcel B, Part S 1/2 of S 1/2 of SE 1/4, Section: 16, Township: 12, NWD Plan: RP3659;
PID: 013-300-962
And Parcel B, Part N 1/2 of S 1/2 of SE 1/4; Section: 16, Township: 12; NWD Plan: RP3659;
PID: 013-300-971
And Parcel B, Part N 1/2 of SE 1/4, REF PL 3659; Section: 16, Township: 12; NWD Plan:
RP3659; PID: 013-300-946
and outlined in heavy black line on Map No. 1460, 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 24th day of November, A.D. 2009.
PUBLIC HEARING held the 15th day of December, A.D. 2009.
READ a second time the 15th day of December, A.D. 2009.
READ a third time the 15th day of December, A.D. 2009.
RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 2010.
_____________________________ ____________________________
PRESIDING MEMBER CORPORATE OFFICER
1004.2
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6696-2009
A Bylaw to amend the text in the C-1 (Neighborhood Commercial) applicable
to the subject site (legal description below) 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. 6696-2009."
2. That PART 7 – COMMERCIAL ZONES, 701 NEIGHBOURHOOD COMMERCIAL: C-1(1)
Permitted Principal Uses, is amended by the addition of e) as stated below:
e) apartment use is permitted specific to the following site: part of Lot 5; Section 16; TP
12; NWD Plan 26163; PID: 002-328-569 as shown in Map No. 1463 attached.
3. That PART 7 – COMMERCIAL ZONES, 701 NEIGHBOURHOOD COMMERCIAL: C-1 (8)
OTHER REGULATIONS b) shall be deleted and replaced by the following:
b) (i) The gross floor area of all permitted principal uses shall not in the aggregate exceed 279 m2.
(ii) The gross floor area of all permitted principal uses shall not in the aggregate exceed 2100
m2 on Lot 5; Section 16; TP 12; NWD Plan 26163; PID: 002-328-569. Gross Floor Area
of the ground floor commercial uses shall not exceed a total of 960 m2.
4. That PART 7 – COMMERCIAL ZONES, 701 NEIGHBOURHOOD COMMERCIAL: C-1 (8)
OTHER REGULATIONS, is amended by the addition of clause f):
f) An apartment use at Lot 5; Section 16; TP 12; NWD Plan 26163; PID: 002-328-569:
(i) shall be limited exclusively to storeys above the first storey of a building;
(ii) shall be the only use in a storey so used;
(iii) shall be located within a building above a permitted commercial use;
5. Those parcels or tracts of land and premises known and described as:
Eastern part of Lot 5; Section 16; TP 12, NWD Plan 26163; PID: 002-328-569 and outlined in heavy
black line on Map No. 1463, a copy of which is attached hereto and forms part of this Bylaw, are
hereby rezoned to C-1 (Neighbourhood Commercial).
6. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map “A”
attached thereto are hereby amended accordingly.
1004.3
7. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended is hereby amended,
applicable to lands none other than described above, accordingly:
READ a first time the 24th day of November, A.D. 2009.
PUBLIC HEARING held the 15th day of December, A.D. 2009.
READ a second time the 15th day of December, A.D. 2009.
READ a third time the 15th day of December, A.D. 2009.
RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 2010.
_____________________________ ____________________________
PRESIDING MEMBER CORPORATE OFFICER
District of Maple Ridge
Maple Ridge
Intermunicipal Business Licence Scheme
Bylaw No. 6957-2012
Effective Date: January 1, 2013
1005
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 27th day of November, 2012.
READ A SECOND TIME this 27th day of November, 2012.
READ A THIRD TIME this 27th day of November, 2012.
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%
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 sta rting
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;
1006
"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 27th day of November, 212.
READ a second time the 27th day of November, 2012.
READ a third time the 27th day of November, 2012.
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
COMMITTEE OF THE WHOLE MEETING
MINUTES
December 3, 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 B. Masse Services
Councillor M. Morden C. Carter, Director of Planning
C. Marlo, Manager of Legislative Services
Other Staff as Required
S. Blue, Manager Strategic Economic Initiatives
P. Grootendorst, Fire Chief/Director – Operations
D. Spence, Fire Chief/Director - Safety
C. Goddard, Manager of Development and Environment
Services
R. Acharya, Planner
1. DELEGATIONS/STAFF PRE SENTATIONS
1.1 Maple Ridge Economic Advisory Commission Update
• Sandy Blue, Manager Strategic Economic Initiatives
The Manager Strategic Economic Initiatives gave a PowerPoint presentation
which provided an economic review carried out by the Economic Advisory
Commission. She outlined the mandate of the commission, its priorities and
projects it has completed and is working on for 2013. She circulated a report
to Council.
1100
Committee of the Whole Minutes
December 3, 2012
Page 2 of 4
1.2 Fire Department Update
• Fire Chief Peter Grootendorst
The Fire Chief gave a PowerPoint presentation providing a financial overview
of the Fire Department, outlining operational areas and performance
indicators and speaking to efficiency and effectiveness achievements. He
also spoke to issues which are emerging in the community.
2. PUBLIC WORKS AND DEVELOPMENT SERVICES
Note: The following items have been numbered to correspond with the Council
Agenda:
1101 DVP/DP/045/09, 11213 and 11247 240 Street
Staff report dated December 3, 2012 recommending that the Corporate
Officer be authorized to sign and seal DVP/045/09 to vary setbacks and
building heights and that the Corporate Officer be authorized to sign and seal
DP/045/09 to permit construction of a mixed use building.
The Planner gave a Power Point presentation providing the following
information:
• Application Information
• Neighbourhood Context
• OCP Context
• Site Characteristics
• Proposed Site Plan
• Proposed Elevations
• Proposed Landscape Plan
RECOMMENDATION
That the staff report be forwarded to the Council Meeting of December 11,
2012.
1102 DVP/DP/046/09, 11213, 11247, 11263, 11299 and 11333 240 Street
Staff report dated December 3, 2012 recommending that the Corporate
Officer be authorized to sign and seal DVP/046/09 for setback and height
variances and that the Corporate Officer be authorized to sign and seal
DP/046/09 to permit construction of a phased strata development for 165
townhouse units.
Committee of the Whole Minutes
December 3, 2012
Page 3 of 4
The Planner gave a Power Point presentation providing the following
information:
• Application Information
• Neighbourhood Context
• OCP Context
• Site Characteristics
• Proposed Site Plan
• Proposed Phasing Plan
• Proposed Site Sections
• Proposed Materials and Colour Schemes
• Proposed Landscape Plan
She advised that an error in the report will be corrected prior to the December
11, 2012 Council Meeting
Brian Shigetomi - Atelier Pacific Architectural Inc.
Mr. Shigetomi gave a PowerPoint presentation which provided additional
details of the development plans for the proposed application.
RECOMMENDATION
That the staff report be forwarded to the Council Meeting of December 11,
2012.
Note: Councillor Morden left the meeting at 3:00 p.m.
1103 DVP/091/10, 24371 and 24417 112 Avenue
Staff report dated December 3, 2012 recommending that the Corporate
Officer be authorized to sign and seal DVP/091/10 to vary building height for
the R-1 and RS-1b zoned buildings.
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 Design Plans
• Park Dedication Plan
Committee of the Whole Minutes
December 3, 2012
Page 4 of 4
RECOMMENDATION
That the staff report be forwarded to the Council Meeting of December 11,
2012.
3. FINANCIAL AND CORPORATE SERVICES (including Fire and Police)
1131 Adjustments to the 2012 Collector’s Roll
Staff report dated December 3, 2012 submitting information on changes to
the 2012 Collector’s Roll through the issuance of Supplementary Roll 09.
RECOMMENDATION
That the staff report be forwarded to the Council Meeting of December 11,
2012.
4. COMMUNITY DEVELOPMENT AND RECREATION SERVICES – Nil
5. CORRESPONDENCE – Nil
6. OTHER ISSUES – Nil
7. ADJOURNMENT – 3:10 p.m.
8. COMMUNITY FORUM
___________________________________
J. Dueck, Acting Mayor
Presiding Member of the Committee
District of Maple Ridge
TO: His Worship Mayor Ernie Daykin MEETING DATE: December 03, 2012
and Members of Council FILE NO: DP & DVP/045/09
FROM: Chief Administrative Officer MEETING: C of W
SUBJECT: Development Permit and Development Variance Permit
11213 and 11247 240 Street - Mixed Use Commercial Rental Building
EXECUTIVE SUMMARY:
Development Permit and Development Variance Permit applications have been received for the
above noted properties to permit the construction of a mixed use building with retail commercial
units on ground floor and rental housing units above. The development site will be subject to
Commercial Development Permit Guidelines to address the form and character of the
development as described in this report.
This proposal is part of the overall re-development of five legal lots in the north-west corner of
240th Street and 112th Avenue. A separate Development Permit and Development Variance
Permit report has been prepared for convenience: one accompanying report detailing the 167
townhouse portion of the site and this report detailing the mixed-use commercial/rental
(residential) portion of the project
On December 15, 2009, Council granted Third Reading to a zoning amendment bylaw for both
(file RZ/044/09) components of this project. Council also granted two extensions to the
applicant in December 2010 and 2011. It is anticipated that the Final Reading report will be
considered by Council at the December 11, 2012 Council meeting along with this report.
This report discusses the form and character of the mixed-use building with main floor retail
commercial units and rental housing units above. Some setback and height variances are being
sought as described in this report.
RECOMMENDATION:
That the Corporate Officer be authorized to sign and seal DVP/045/09 respecting property located
at 11213 and 11247 240 Street; and further
That the Corporate Officer be authorized to sign and seal DP/045/09 respecting property located at
11213 and 11247 240 Street.
DISCUSSION:
a) Background Context:
Applicant: Brian Shigetomi of Atelier Pacific Arch. Inc
Owner: Gold Leaf Enterprises Ltd
1101
- 2 -
Legal Description: 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
OCP:
Existing: Neighbourhood Commercial and Conservation
Proposed: Neighbourhood Commercial and Conservation
Zoning:
Existing: RS-3 (One Family Rural Residential)
Proposed: C-1 (Neighbourhood Commercial)
Surrounding Uses
North: Use: Single Family Residential
Zone: RS-3 (One Family Rural Residential)
Designation: 74% Commercial and 26% Conservation
South: Use: Single Family Residential and 112th Avenue
Zone: RS-3 (One Family Rural Residential)
Designation: Commercial, Residential & Conservation
East: Use: Single Family Residential and 240th Street
Zone: RS-3 (One Family Rural Residential) and
CD-1- 93 (Comprehensive Development)
Designation: Low and Medium Density Residential &
Conservation
West: Use: Single Family Residential
Zone: RS-3 (One Family Rural Residential) and RS-1b (One
Family Urban Residential- Medium Density)
Designation: Park and Conservation (Future Fire Hall).
Existing Use of Property: Vacant
Proposed Use of Property: Retail commercial with residential rental apartment
units above.
Site Area: 1.18 acres
Access: 240th Street and 112th Avenue
Servicing: Full Urban
Companion Applications: RZ/044/09; SD/044/09; DP/044/09 (WPDP);
DP/046/09 (townhouses) and VP/046/09
(townhouses).
b) Site and Project Description:
The subject site (Appendix A) consists of 5 legal lots that are being consolidated and subdivided to
separate the two land uses proposed. In general, the topography of the site slopes from north to
south with a slight plateau at the northeast corner. Rainbow Creek, a tributary of Kanaka Creek,
flows westerly towards the Fraser River. Site slopes are generally mild except for the western fringe
near the creek. Slopes ranging from 20-35% along the western boundary along the Rainbow Creek
- 3 -
are being protected through dedication. The west side of the site also contains relatively dense
deciduous and coniferous trees within the streamside setback area that will be protected through
park dedication. This proposal will also facilitate the development of a multi-purpose trail that
promises to be a good pedestrian north-south linkage for this neighbourhood.
The project consists of two components: A mixed use commercial building with 16 residential rental
units on the upper floor in the C-1 (Neighbourhood Commercial) zone and a phased strata
development of 167 townhouse units in the RM-1 (Townhouse Residential) zone. The total proposed
commercial lot area is 1.18 acres which is 7.97% of the total consolidated gross lot area. The total
proposed townhouse lot area is 9.28 acres, which is 62.7% of the total consolidated gross lot area.
The environmentally sensitive area of 3.96 acres (26.76% of the total consolidated gross lot area)
around Rainbow Creek, along the western boundaries, is being protected via dedication to the
District as “park” for conservation purpose.
The proposed site plan (Appendix B) shows two vehicular accesses to the mixed-use building site;
one from 112th Avenue and the other from 240th Street. To enhance the overall pedestrian
connectivity to the subject site, five pedestrian accesses, two from 112th Avenue, two from 240th
Street and one from the proposed townhouse development on the north of this building are
proposed along with special gateway entrance statements.
The proposed mixed-use development accommodates 11 retail-commercial units (of varying sizes
from 660 ft2 to 1360 ft2) on the main floor facing both 240th Street and 112th Avenue. Commercial
and residential parking is proposed behind the building. On the upper floor, 16 rental apartment
units each with one or two bedrooms (varying sizes between 460 ft2 to 860 ft2 each) have been
proposed, along with common amenity room for all residents. All the commercial retail units have a
separate direct access from the covered breezeway (Appendix B). Parking for both the uses is within
the same parking lot but rental unit parking is clearly marked on site and secured through a
restrictive covenant to ensure it is devoted to these residents.
The proposed multi-purpose trail along the western property line will enhance pedestrian connectivity
from 112th Avenue to 240th, and serve as community asset to this entire area.
c) Planning Analysis:
In the Official Community Plan, 240th Street is identified as a major corridor. The Official
Community Plan supports a variety of housing forms and encourages mixed-use developments
where appropriate. Policy 3-20 states that “Major Corridor Residential” developments must be
designed to be compatible with the surrounding area; be a maximum of 2.1/2 stories with an
emphasis on ground-oriented units (except for apartments); and adhere to the applicable
Development Permit Guidelines.
The proposed form and character of the mixed-use building is subject to the following Key Guideline
concepts of Commercial Development Permit Guidelines:
1. Avoid conflicts with adjacent uses through sound attenuation, appropriate lighting,
landscaping, traffic calming and the transition of building massing to fit with adjacent
development.
Landscape buffering along with appropriate lighting between the uses has been proposed to improve
sound attenuation (Appendix E). The offsite upgrades including sidewalk, curb, gutter, street trees
and improved street lights are meant to serve as traffic calming measures and enhance pedestrian
- 4 -
connectivity. The proposed height of 11.0 metres fits well with the massing of the townhouse units
on the west and north of this building.
2. Encourage a pedestrian scale through providing outdoor amenities, minimizing the visual
impact of parking areas, creating landmarks and visual interest along street fronts.
The proposed site plan (Appendix B) shows two vehicular accesses to the mixed-use building site;
one from 112th Avenue and the other from 240th Street. In addition to these five pedestrian
accesses, two from 112th Avenue, two from 240th Street and one from the proposed townhouse
development on the north of this building are proposed to enhance the overall pedestrian
connectivity. The corner retail unit 107 has been chamfered and designed such that it could easily
accommodate a corner café with outdoor seating that can serve as a local land mark for the
residents.
The required parking for both, the retail commercial uses and the rental units above is proposed
behind the building to reduce the visual impact of parking (Appendix B). The proposed covered
breezeway, stone veneer cladding on column bases and the entrance archway, decorative paving at
the site access points, covered concrete walkway serving the retail units and the landscaping and
signage facing 240th Street and 112th Avenue, are all efforts to create an inviting pedestrian scale
and streetscape that enhancea visual interest from both the streets.
3. Promote sustainable development with multimodal transportation circulation, and low
impact building design.
The offsite upgrades including sidewalk, curb, gutter, street trees and street lights (LED) are
anticipated to contribute towards enhancing both the vehicular and pedestrian circulation in the
area. Pedestrian connectivity is also enhanced through the walkway connection from the proposed
townhouse site on the north of this building. The proposed multi-purpose trail along the western
property line will enhance pedestrian connectivity from 112th Avenue to 240th, and serve as
community asset to this entire area.
4. Respect the need for private areas in mixed use development and adjacent residential
areas.
The proposed covered breezeway and two staircase wells between units 101, 102 and units 110,
111 serve as separate entry points for the rental residential units above (Appendix B). All the
commercial retail units have a separate direct access from the covered breezeway and two staircase
wells. Separate site access is proposed to the townhouse lot on the north of this building. Adequate
landscape buffering has been proposed to respect private areas of the adjacent townhouse strata
lot.
5. The form and treatment of new buildings should reflect the desired character and pattern
of development in the area by incorporating appropriate architectural styles, features,
materials, proportions and building articulation.
The proposed building materials such as painted hardie-board siding, stone veneer cladding,
painted wood brackets and fascia, aluminum louvers, vinyl shingle siding, pre-finished vinyl louvers
and asphalt shingle roofing, reflect the existing architectural style and desired character within the
vicinity. The townhouse units proposed on the west and north of this building are complimentary in
form and character to this mixed-use building.
- 5 -
Zoning Bylaw:
The proposed C-1 (Neighbourhood Commercial zone) is intended to provide for small scale
retailing and commodities of a convenience nature and related uses for household or personal
needs within urban residential neighbouhoods. The proposed zone allows one family residential
use only, however, the 16 rental residential units proposed on the upper floor have been
negotiated with the developer to create quality rental housing options for an area that has had
none in the past. A Housing Agreement along with a Restrictive Covenant for these units will
ensure that they remain rental in perpetuity. Council has given Third Reading to a site-specific
text amendment to the proposed zone, to allow the 16 rental units as a principal use not
exceeding a gross floor area of 2100 m2 in this building. This site-specific text amendment also
restricts the ground floor commercial uses to a gross floor area of 960 m 2 . The Final Reading
report is anticipated to be considered by Council along with this report at the Decemeber 11,
2012 Council meeting.
The proposed zone requires the front and exterior side yard setbacks to be 7.5 meters; the rear
setback to be 6.0 meters and the interior side yard setback to be 3.0 meters from the property line.
Some front, exterior side yard setback and building height variances to the C-1 zone (Neighborhood
Commercial) are being requested as stated below.
d) Variances to the Zoning Bylaw:
The applicant is seeking the following variances:
i) Part 7, Section 701(7) (a) of the C-1 (Neighbourhood Commercial zone) of the Zoning
Bylaw, to vary the front yard setback (facing 112th Avenue) from 7.5 metres to 4.5 metres;
ii) Part 7, Section 701(7) (d) of the C-1 (Neighbourhood Commercial zone) of the Zoning
Bylaw, to vary the exterior side yard setback (facing 240th Street) from 7.5 metres
to 4.5 metres;
iii) Part 7, Section 701(6) of the C-1 (Neighbourhood Commercial zone) of the Zoning Bylaw,
to vary the maximum height of the building from 7.5 metres to 11.0 metres to
accommodate the rental units.
The setback variances proposed facing 240th Street and 112th Avenue are with an intention of
offering a better street presence for the units and enhancing the urban streetscape. They are not
anticipated to negatively impact any neigbours. The height variance is related to the site-specific
text amendment to support 16 rental residential units as the principal use in the proposed zone.
These cannot be achieved within the permitted 7.5 metres height and require a minimum of 11.0
metres height to enhance the livability of these rental units. This height is complimentary to the
proposed height of the townhouses on the west and north of this building.
Off-Street Parking and Loading Bylaw:
As per the Maple Ridge Off-street Parking and Loading Bylaw No. 4350-1990, the C-1
(Neighbourhood Commercial zone) requires one parking space per 30m2 of the gross floor area of
the commercial component. Based on this ratio, the required 32 spaces for the commercial use
have been proposed at grade behind the building (Appendix B).
The parking requirement for the rental apartment use permitted in the proposed zone through a
site-specific text amendment, is comparable to a ratio of 1.0 space per unit as required in the C-2
(Community Commercial zone), along with 0.2 space per unit visitor parking, giving a total
- 6 -
required 28 spaces (24 for residents and 4 for visitors). The proposal shows a total of 32 spaces
proposed which exceed the required in the proposed zone. Since all the parking spaces (for the
retail commercial and rental units) are proposed at grade, behind the building, a Restrictive
Covenant to secure the parking spaces devoted to the rental residents is being registered on title,
as a condition of Final Reading.
e) Advisory Design Panel:
On September 8, 2009 the Advisory Design Panel reviewed the proposal and commended the
applicant for its extremely high quality presentation, completeness and quality of materials
proposed. The panel recommended that the following concerns be addressed by the applicant as
the design develops and submit to planning staff:
Address boardwalk safety issues in relation to slipping on rain snow and ice;
Consider continuity of pedestrian parkways from the residential areas to the commercial
area;
Consider the façade detailing to ensure materials return at corners and terminate
purposefully;
Consider how access is provided to private rear yards for maintenance and improvements;
Encourage the development of interpretive signage in public areas and recommendations’
for strata bylaw guidelines.
The above listed resolution items refer to both the components (mixed-use building and townhouses)
of the proposal. The project architect has addressed these issues to the satisfaction of the panel.
f) Interdepartmental Issues:
Engineering Department:
The Engineering Department have reviewed the proposal and confirmed that all the deficient off-site
services will be provided through the Rezoning Servicing Agreement. A refundable security of
$2,963,980.00 and a non-refundable inspection fee of $203,156.00 has been paid by the
owner/developer, for the anticipated off-site upgrades.
Parks & Leisure Services Department:
The Parks & Leisure Services Department have identified that after the Development Permit is
completed they will be responsible for maintaining the street trees. The Manager of Parks & Open
Space has advised that the maintenance requirement of $25.00 per new tree will increase their
budget requirements.
Fire Department:
The Fire Department has reviewed the proposal and comments have been provided to the applicant.
The applicant has ensured that all these will be addressed through the Building Permit drawings.
Building Department:
The Building Department has reviewed the proposal and comments have been provided to the
applicant. The applicant has ensured that all these will be addressed through the Building Permit
drawings to comply with the code requirements.
- 7 -
g) Citizen/Customer Implications:
The mail-outs to inform residents of the proposed variances were mailed 10 days prior to the
anticipated Council Meeting date. Concerned residents in the neighbourhood have had the
opportunity to voice their opinions.
h) Environmental Implications:
The consolidated subject site supporting both the components (mixed-use and townhouse units) is
impacted by Rainbow Creek that runs north-south along the western edges. Rainbow Creek is a
tributary of Kanaka Creek, which flows westerly towards the Fraser River. The west side of the site
also contains relatively dense deciduous and coniferous trees that are also being protected through
dedication. The proposed development is within 50.0 metres of the top of bank of the Rainbow
Creek, triggering a Watercourse Protection Development Permit approval. Through this permit
substantial clean-up and enhancement works are anticipated along with a five-year maintenance
period and securities to ensure that the proposed environmental works will be implemented. The
environmentally sensitive area (3.96 acres or 26.76% of the total consolidated gross lot area) is
being dedicated as “Park” for conservation purposes, as a condition of Final Reading of rezoning. A
refundable security of $104,265.00 for the enhancement works including a five year maintenance
period has been paid by the owner/developer.
i) 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 by Van Der Zalm Landscape Architects, dated February 23, 2012, the security of
$177,911.84, has been paid by the owner/developer.
There will be 9 trees added to the municipal street tree inventory on completion of this project. The
costs associated with maintaining these trees i.e. $225.00, based on $25 per new tree, will need to
be included in a subsequent operating budget.
j) Alternatives:
Council has given Third Reading to the rezoning application and will be reviewing the Final Reading
Report for RZ/044/09 at the December 11, 2012 Council Meeting. The developer has paid all the
required securities in support of the off- site servicing upgrades. The owner’s solicitor has submitted
a “Letter of Undertaking” to execute all the legal documents in the Land Title Office. Not approving
this proposal would result in the subject site remaining vacant. Council approval is required for the
Commercial Development Permit Area as presented in this report prior to a Building Permit being
issued.
- 8 -
CONCLUSION:
The proposal is a pedestrian-friendly urban solution including dedicated park area, multi-purpose
trail connection from 112th Avenue to 240th street, considerable off-site upgrades at this intersection
and enhancement works proposed around the Rainbow Creek. Through the requirement of rental
residential units in the mixed-use building, the proposal promises to add quality rental housing
option for residents. The commercial retail units are anticipated to offer a variety of commercial uses
for all the residents of this neighbourhood and the proposed building complies with the Commercial
Development Permit Guidelines as described in this report. The proposed variances are not
anticipated to negatively impact neighbouring lots. It is anticipated that the Final Reading report will
be considered along with this Development Permit and Development Variance Permit report at the
Council meeting of December 11, 2012. It is recommended that DP/045/09 and DVP/045/09
respecting property located at 11213 and 11247 240 Street, be approved.
“original signed by Rasika Acharya”
_______________________________________________
Prepared by: Rasika Acharya, B-Arch, M-Tech, UDC, LEED® AP, MCIP, RPP
Planner
“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 – Proposed Site Plan
Appendix C – Proposed Roof Plan
Appendix D – Proposed Building Elevations & Sections
Appendix E – Proposed Landscape Plan & details
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
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Subject Properties
´
Scale: 1:2,500
APPENDIX A
District of Maple Ridge
TO: His Worship Mayor Ernie Daykin MEETING DATE: December 3, 2012
and Members of Council FILE NO: DP/DVP/046/09
FROM: Chief Administrative Officer MEETING: C of W
SUBJECT: Development Permit and Development Variance Permit
11213, 11247, 11263, 11299 and 11333 240 Street
EXECUTIVE SUMMARY:
Development Permit and Development Variance Permit applications have been received for the
above noted properties to permit the construction of a phased strata development for 167
townhouse units in the RM-1 (Townhouse Residential) zone. This development is proposed in four
phases. The development site for proposed townhouse units will be subject to Multi-Family
Development Permit Guidelines to address the form and character of the development as described
in this report.
This proposal is part of the overall re-development of five legal lots in the north-west corner of 240th
Street and 112th Avenue at the western edge of the Urban Area boundary. Along with the proposed
167 townhouse units is a corner mixed use building with retail commercial units on ground floor and
rental housing units above (DP/045/09). A separate Development Permit and Development
Variance Permit report is being considered by Council for this mixed-use building, which is subject to
a Commercial Development Permit approval. On December 15, 2009, Council granted Third
Reading to the whole proposal (RZ/044/09) to support both the components of this project. Due to
changes in the market conditions, Council also granted two extensions to the applicant in December
2010 and 2011. It is anticipated that the Final Reading report will be considered by Council at the
December 11, 2012 Council meeting along with this report.
This report discusses the form and character of the 167 townhouse units. Some setback and height
variances are being sought as described in this report.
RECOMMENDATION:
That the Corporate Officer be authorized to sign and seal DVP/04 6/09 respecting property located
at 11213, 11247, 11263, 11299 and 11333 240 Street; and further
That the Corporate Officer be authorized to sign and seal DP/046/09 respecting property located at
11213, 11247, 11263, 11299 and 11333 240 Street.
DISCUSSION:
a) Background Context:
Applicant: Atelier Pacific Arch. Inc
Owner: Gold Leaf Enterprises Ltd
1102
- 2 -
Legal Description: Lot: 5, Section: 16, TP: 12, NWD Plan: 26163;
PID: 002-328-569
Lot: 6, Section: 16, TP: 12, MWD Plan: 26163;
PID: 008-272-123
Parcel B, Part S 1/2 of S 1/2 of SE 1/4, Section: 16,
Township: 12, NWD Plan: RP3659; PID: 013-300-962
Parcel B, Part N 1/2 of S 1/2 of SE 1/4; Section: 16,
Township: 12; NWD Plan: RP3659; PID: 013-300-971
Parcel B, Part N 1/2 of SE 1/4, REF PL 3659.
Section: 16, TP: 12; NWD Plan: RP3659;
PID: 013-300-946
OCP:
Existing: Neighbourhood Commercial and Conservation
Proposed: Neighbourhood Commercial and Conservation
Zoning:
Existing: RS-3 (One Family Rural Residential)
Proposed: C-1 (Neighbourhood Commercial)
Surrounding Uses
North: Use: Single Family Residential
Zone: RS-3 (One Family Rural Residential)
Designation: 74% Commercial and 26% Conservation
South: Use: Single Family Residential and 112th Avenue
Zone: RS-3 (One Family Rural Residential)
Designation: Commercial, Residential & Conservation
East: Use: Single Family Residential and 240th Street
Zone: RS-3 (One Family Rural Residential) and
CD-1-93 (Comprehensive Development)
Designation: Low and Medium Density Residential and
Conservation
West: Use: Single Family Residential
Zone: RS-3 (One Family Rural Residential) and
RS-1b (One Family Urban Residential- Medium
Density)
Designation: Park and Conservation (Future Fire Hall).
Existing Use of Property: Vacant
Proposed Use of Property: Multi-Family Residential (167 townhouses)
Site Area: 3.756 hectares (9.28 acres)
Access: 240th Street and 112th Avenue
Servicing: Full Urban Standard
Companion Applications: RZ/044/09; SD/044/09; DP/044/09 (WPDP);
DP/045/09 (mixed-use building) and DVP/045/09
(mixed-use building).
- 3 -
b) Site and Project Description:
The subject site (Appendix A) consists of 5 legal lots that are being consolidated and subdivided to
separate the two land uses proposed. In general, the topography of the site slopes from north to
south with a slight plateau at the northeast corner. Rainbow Creek, a tributary of Kanaka Creek,
flows westerly towards the Fraser River. The western boundary of the site along Rainbow Creek is
riparian area and thus will be protected through dedication. This proposal will also facilitate the
development of a multi-purpose trail that promises to be a good pedestrian north-south linkage for
this neighbourhood.
The proposal consists of 167 units on 9.28 acres, which is 62.7% of the total consolidated gross lot
area. The environmentally sensitive area of 3.96 acres (26.76% of the total consolidated gross lot
area) around Rainbow Creek is being protected via dedication to the District as “park” for
conservation purpose. The proposed Site Plan (Appendix B) shows two vehicular accesses, one from
112th Avenue closer to the multi-purpose trail and one from 240th Street closer to the northern end
of subject sites; two pedestrian accesses from 112th Avenue and two from 240th Street.
The proposed development accommodates a strata complex of 2 ½ & 3 storey townhouses ranging
in size from 140 sq. m. (1500 ft2 ) to 188 sq. m. (2030 ft2) in the RM-1 (Townhouse Residential)
zone. The units are arranged in clusters of two to six units with a direct at grade access and a
garage off a strata road. Seven different designs of townhouse have been proposed (Appendix B). A
combination of three color schemes has been proposed to create variation. The townhouse clusters
have hipped roofs accented by gable dormers and are designed to front or have the appearance of
fronting onto a public road through direct pedestrian access from the sidewalk. All the 167 units
have their own parking garage, either tandem or two-car garage, giving a total of 334 residential
parking spaces proposed as required. In addition to this, 40 visitor parking stalls are well distributed
as shown on the Site Plan (33 spaces are required) and two handicapped parking spaces have also
been proposed. The common useable space proposed is 8,250 m2 in two locations (Appendix E) and
common activity area proposed is 4,900 m2 which exceeds the requirement in the proposed zone.
Proposed building materials include: vinyl and shingle siding, cultured stone veneer at specific
locations, stained & sealed wood posts, knee brackets, wrought iron brackets, stamped concrete
patios, wood decks, stain wood fences and asphalt shingle roofing. Outdoor amenity areas as well
as a system of linear parkettes/ greenways are inter-woven into the townhouse clusters providing
alternative pedestrian connections throughout the site. Entry features at the perimeter and transition
corner treatment are proposed to foster a “sense of place”.
c) Planning Analysis:
In the Official Community Plan, 240th Street is identified as a major corridor. The Official Community
Plan supports a variety of housing forms and encourages mixed-use developments where
appropriate. Policy 3-20 states that “Major Corridor Residential” developments must be designed to
be compatible with the surrounding; be a maximum of 2 ½ storey with an emphasis on ground-
oriented units (except for apartments) and adhere to the applicable Development Permit Guidelines.
The proposed form and character of the townhouse units is subject to the following Key Guideline
concepts of the Multi-Family Development Permit Guidelines:
1. New development into established areas should respect private spaces, and incorporate
local neighborhood elements in building form, height, architectural features and massing.
- 4 -
The architectural elements, form and materials proposed such as cultured stone veneer, stained &
sealed wood posts, knee and wrought iron brackets, stamped concrete patios, wood decks, stain
wood fences, asphalt shingle roofing, vinyl and shingle siding, are compatible to the surrounding
residential development in the area.
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.
This area predominantly has single family residential use in the vicinity, so there are no higher
density forms around. The proposed townhouse clusters have hipped roofs accented by gable
dormers and are designed to front or have the appearance of fronting onto a public road through
direct pedestrian access from the sidewalk. This ground-oriented housing form serves as a good
transition to the surrounding single family development on the north, east and so uth. On the west is
a significant environmental buffer due to lands that will be dedicated around the Rainbow Creek.
3. Large scale developments should be clustered and given architectural separation to foster a
sense of community, and improve visual attractiveness.
This is a fairly large scale development. The proposed 167 unit townhouse development is designed
in 35 blocks (of 2 to 6 units each) which are inter-woven by pedestrian walkways and green
landscaped areas to create public, private and semi-private recreational areas. Each unit has its own
garage, which is either tandem or two car garage. Visual attractiveness is enhanced with native
landscaping in green pockets throughout the site and decorative accent paving at intersections of
the strata road (Appendix B). The common useable open space is divided into two areas to better
serve all the units
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.
Attractive streetscapes have been proposed with various blocks of townhouse units that a re linked
with pedestrian walkways and semi-private open spaces. Pedestrian circulation is enhanced through
out the site with walkways and from the units facing 240 th street and 112th Avenue which have a
direct pedestrian access on to the streets. Each tow nhouse unit has its’ own tandem or two car
garage accessed from the strata road. The visitor parking spaces are well distributed throughout the
site (Appendix B). Adequate lighting and landscaping is proposed to create a well articulated
streetscape. The proposed multi-purpose trail along the western property line will enhance
pedestrian connectivity from 112th Avenue to 240th, and serve this entire area.
Zoning Bylaw:
The proposed RM-1 zone (Townhouse Residential District) is intended for low to medium density
townhouses and multi family residential buildings. A maximum density of 0.6 times the net lot area
(plus an additional 50 m2 per unit basement area) is permitted in this zone. A density of 0.6 times
the consolidated lot area (excluding parking and basement area of 50 m2 per unit) is proposed,
giving a total of 22559.90 m2 for the 167 townhouse units proposed. The permitted maximum lot
coverage for this zone is 40% of the net lot area and the proposed lot coverage is 28%. A common
- 5 -
activity area of 3500 m2 is proposed and a usable open space of 7520 m2 is proposed, which
exceed the required ratios in the proposed zone.
Some setback and height variances are being sought as described below.
d) Variances to the Zoning Bylaw:
The applicant is seeking the following variances:
i) Part 6, Section 602(6) (a) of the RM-1 zone (Townhouse Residential District) of the Zoning
Bylaw, to vary the front yard setback (facing 112th Avenue) from 7.5 metres to 4.5 metres for
Blocks 6,7 and 8;
ii) Part 6, Section 602(6) (a) of the RM-1 zone (Townhouse Residential District) of the Zoning
Bylaw, to vary the front yard setback (facing 112th Avenue) for the staircase block of Block 8
from 7.5 metres to 3.5metres;
iii) Part 6, Section 602(6) (a) of the RM-1 zone (Townhouse Residential District) of the Zoning
Bylaw, to vary the exterior side yard setback (facing 240th Street) for Block 35 from
7.5metres to 4.9 metres;
iv) Part 6, Section 602(6) (b) of the RM-1 zone (Townhouse Residential District) of the Zoning
Bylaw, to vary the interior side yard setback for Blocks 21 from 6.0 metres to 5.1 metres on
the north west corner and for Block 32 from 6.0 metres to 5.5 metres on the north-west
corner;
v) Part 6, Section 602(6) (a) of the RM-1 zone (Townhouse Residential District) of the Zoning
Bylaw, to vary the exterior side yard setback (facing 240th Street) for Block 1 from 7.5 metres
to 4.2 metres;
vi) Part 6, Section 602(6) (a) of the RM-1 zone (Townhouse Residential District) of the Zoning
Bylaw, to vary the exterior side yard setback (facing 240th Street) for Block 2 from 7.5 metres
to 4.5 metres;
vii) Part 6, Section 602(6) (a) of the RM-1 zone (Townhouse Residential District) of the Zoning
Bylaw, to vary the exterior side yard setback (facing 240th Street) for Block 3 from 7.5 metres
to 5.5 metres;
viii) Part 6, Section 602(6) (a) of the RM-1 zone (Townhouse Residential District) of the Zoning
Bylaw, to vary the exterior side yard setback (facing 240th Street) for Block 4 from 7.5 metres
to 5.9 metres;
ix) Part 6, Section 602(6) (a) of the RM-1 zone (Townhouse Residential District) of the Zoning
Bylaw, to vary the exterior side yard setback (facing 240th Street) for Block 5 from 7.5 metres
to 6.8 metres;
x) Part 6, Section 602(7)(a) of the RM-1 zone (Townhouse Residential District) of the Zoning
Bylaw, to vary the maximum height from 10.5 metres to 11.0 metres and to vary 2 ½ stories
to 3 stories for Blocks 1, 2, 3, 4, 5 (all facing 240th street); Blocks 8, 13,14 (all facing the
dedicated park area) and Blocks 10, 11 and 12 (north of Blocks 6 and 7).
The setback variances proposed facing 240th Street and 112th Avenue are with an intention of
offering a better street presence for the units and enhancing the urban streetscape. They are not
anticipated to negatively impact any neigbours. There are currently no immediate neighbours to this
site. These relaxations are consistent with others granted to similar projects in the proposed zone.
For the blocks along the western property boundary, the environmental conservation lands serve as
a good buffer. The height and storey variances are considered to be minor in nature and are not
anticipated to negatively impact any neigbours.
- 6 -
Off-Street Parking and Loading Bylaw:
As per the Maple Ridge Off-Street Parking and Loading Bylaw No. 4350-1990, the RM-1 zone
(Townhouse Residential District) requires two parking spaces per unit for residents plus 0.2 spaces
per unit for visitors, requiring a total of 368 on-site parking spaces (334 spaces for residents and 33
for the visitors). All the 167 units have their own parking garage either in tandem or two-car garage
arrangement. The visitor parking spaces are distributed throughout the site. The proposal is in
compliance of this requirement as shown on the proposed site plan (Appendix B).
e) Advisory Design Panel:
On September 8, 2009 the Advisory Design Panel reviewed the proposal and commended the
applicant for its extremely high quality presentation, completeness and quality of materials
proposed. The panel recommended that the following concerns be addressed by the applicant as
the design develops and submit to planning staff:
Address boardwalk safety issues in relation to slipping on rain snow and ice;
Consider continuity of pedestrian parkways from the residential areas to the commercial
area;
Consider the façade detailing to ensure materials return at corners and terminate
purposefully;
Consider how access is provided to private rear yards for maintenance and improvements;
Encourage the development of interpretive signage in public areas and recommendations’
for strata bylaw guidelines.
The above listed resolution items refer to both the components (mixed-use building and townhouses)
of the proposal. The project architect has addressed these issues to the satisfaction of the panel.
f) Interdepartmental Issues:
Engineering Department:
The Engineering Department have reviewed the proposal and confirmed that all the deficient off-site
services will be provided through the Rezoning Servicing Agreement. A refundable security of
$ 2,963,980.00 and a non-refundable inspection fee of $203,156.00 has been paid by the
owner/developer, for the off-site upgrades.
Parks & Leisure Services Department:
The Parks & Leisure Services Department have identified that after the development is built they will
be responsible for maintaining the street trees. The Manager of Parks & Open Space has advised
that the maintenance requirement of $25.00 per new tree will increase their budget requirements.
The proposed multi-purpose trail along the western park boundary is mostly within the dedicated
area, except for two locations where it meanders into the strata lot. This multi-purpose pedestrian
trail is meant for public use and will be built by the developer and maintained by the District, once
completed, except for the portions that are on the strata lot.
Fire Department:
The Fire Department has reviewed the proposal and comments have been provided to the applicant.
The applicant has ensured that all these will be addressed through the Building Permit drawings.
- 7 -
Building Department:
The Building Department has reviewed the proposal and comments have been provided to the
applicant. The applicant has ensured that all these will be addressed through the Building Permit
drawings to comply with the code requirements.
g) Citizen/Customer Implications:
The mail-outs to inform residents of the proposed variances were mailed 10 days prior to the
anticipated Council Meeting date. Concerned residents in the neighbourhood have had the
opportunity to voice their opinions.
h) Environmental Implications:
The site is impacted by Rainbow Creek that runs north-south along the western edges. Rainbow
Creek is a tributary of Kanaka Creek, which flows westerly towards the Fraser River. The west side of
the site also contains relatively dense deciduous and coniferous trees that are also being protected
through dedication. The proposed development is within 50.0 metres of the top of bank of the
Rainbow Creek, triggering a Watercourse Protection Development Permit approval. Through this
permit substantial clean-up and enhancement works are anticipated along with a five-year
maintenance period and securities to ensure that the proposed environmental works will be
implemented. The environmentally sensitive area (3.96 acres or 26.76% of the total consolidated
gross lot area) is being dedicated as “Park” for conservation purposes, as a condition of Final
Reading of rezoning. A refundable security of $104,265.00 for the enhancement works including a
five year maintenance period has been paid by the owner/developer.
i) 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 by Van Der Zalm Landscape Architects, dated February 23, 2012, the refundable
security of $1,082,264.82 has been paid by the owner/developer.
There will be roughly 24 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.
j) Alternatives:
Council has given Third Reading to the rezoning application and will be reviewing the Final Reading
Report for RZ/044/09 at the December 11, 2012 Council Meeting. The developer has paid all the
required securities in support of the off- site servicing upgrades. The owner’s solicitor has submitted
a “Letter of Undertaking” to execute all the legal documents in the Land Title Office. Not approving
this proposal would result in the subject site remaining vacant. Council approval is required for the
Commercial Development Permit Area as presented in this report prior to a Building Permit being
issued.
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CONCLUSION:
The proposal is a pedestrian-friendly urban solution including dedicated park area, multi-purpose
trail connection from 112th Avenue to 240th street, considerable off-site upgrades at this intersection
and enhancement works proposed around the Rainbow Creek. The proposed townhouses comply
with the Multi-Family Development Permit Guidelines as described in this report. The proposed
variances are not anticipated to negatively impact neighbours. It is anticipated that the Final
Reading report will be considered along with this Development Permit and Development Variance
Permit report at the Council meeting of December 11, 2012. It is recommended that DP/046/09
and DVP/046/09 respecting property located at 11213, 11247, 11263, 11299 and 11333 240
Street, be approved.
“original signed by Rasika Acharya”_______________
Prepared by: Rasika Acharya, B-Arch, M-Tech, UDC, 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
Appendix B – Proposed Site Plan and Phasing Plan
Appendix C – Proposed Site Sections
Appendix D – Proposed Building Elevations & Sections
Appendix E – Proposed Landscape Plan & details
City of Pitt
Meadows
District of
Langley District of MissionFRASER R.
^
DATE: Nov 28, 2012 FILE: DP/046/09 BY: PC
11213/47/63/99 & 11333 240 STREET
CORPORATION OF
THE DISTRICT OF
MAPLE RIDGE
PLANNING DEPARTMENT
SUBJECT PROPERTIES
´
Scale: 1:3,000
APPENDIX A
District of Maple Ridge
TO: His Worship Mayor Ernie Daykin MEETING DATE: December 3, 2012
and Members of Council FILE NO: DVP/091/10
FROM: Chief Administrative Officer MEETING: CoW
SUBJECT: Development Variance Permit
24371 and 24417 112 Avenue
EXECUTIVE SUMMARY:
A Development Variance Permit application has been received in support of the Subdivision
Application SD-091-10 for the above noted properties in the Albion Area Plan to permit a maximum
building height of 11 metres for R-1 (Residential District) and RS-1b (One Family Urban (Medium
Density) Residential) zoned buildings.
RECOMMENDATION:
That the Corporate Officer be authorized to sign and seal DVP/091/10 respecting properties located
at 24371 112 Avenue and 24417 112 Avenue.
DISCUSSION:
a) Background Context
Applicant: Damax Consultants Ltd (Dave Laird)
Owner: CIPE Homes Inc.
Legal Description: Lot 1, Section 15, Township 12, Plan 7709
Lot A, Section 15, Township 12, Plan 22387; and
OCP:
Existing: Low/Medium Density Residential
Proposed: Low/Medium Density Residential
Zoning:
Existing: RS-3 (One Family Rural Residential)
Proposed: R-1 (Residential District)
RS-1b (One Family Urban (Medium Density)
Residential)
Surrounding Uses:
North: Use: Single Family Rural Residential
Zone: RS-3 (One Family Rural Residential)
Designation Agricultural
South: Use: 112 Avenue, beyond which is Single Family Rural
Residential
Zone: RS-3 (One Family Rural Residential)
Designation: Low/Medium Density Residential, Conservation
1103
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East: Use: Single Family Rural Residential
Zone: RS-3 (One Family Rural Residential)
Designation: Low/Medium Density Residential, Conservation
West: Use: Single Family Rural Residential
Zone: RS-3 (One Family Rural Residential)
Designation: Low/Medium Density Residential, Conservation
Existing Use of Property: Single Family Rural Residential, Agricultural
Proposed Use of Property: Single Family Urban Residential
Site Area: 3.76 Hectares (9.29 Acres)
Access: 112 Avenue
Servicing requirement: Urban
Requested Variance: To vary the Maple Ridge Zoning Bylaw maximum height
requirement from 9.0 metres to 11.0 metres for the R-1
(Residential District) and from 9.5 metres to 11.0 metres the
RS-1b One Family Urban (Medium Density) Residential zoned
lots.
b) Project Description:
The current prososal seeks to rezone the subject properties from RS-3 (One Family Rural Residential)
to RS-1b (Urban Residential District) Zone and R-1 (Residential District) Zone to permit subdivision
into 84 residential properties. Also proposed is an amendment to the Official Community Plan, which
would permit insertion of the R-1 (Residential District) zone into the Albion Area Plan Zoning Matrix,
under the Residential Low-Medium Density land use designation.
c) Planning Analysis:
The property is designated Low-Medium Density Residential in the Albion Area Plan. The proposed
rezoning to R-1 (Residential District) zone is not currently permitted as the zone is not listed within
the Zoning Matrix located in Section 10.2.7 of the Official Community Plan. In order to permit a
rezoning to R-1 (Residential District) for this property, an amendment to the Official Community Plan
is required.
An Official Community Plan amendment is also required for conservation area boundary adjustments
based on detailed ground truthing of the subject property. Schedule “A” of Section 10.2.1, Land Use
Designations, Al bion Area Plan Map must be amended to re-designate a portion of the properties
from “Low Medium Density Residential” to “Conservation”. Schedule “C” Natural Features must also
be amended to add “Conservation”.
The Zoning Bylaw establishes general minimum and maximum regulations for single family
development. A Development Variance Permit allows Council some flexibility in the approval
process. Such flexibility can allow an applicant to sensitively fit a project to a challenging site.
- 3 -
The applicant’s reasons for the requested height variance include:
The requested variance will enable the use of higher pitched roof lines which is
appropriate in the style of architecture proposed for this subdivision;
The variance will eliminate the need to artificially manipulate the grades at the building
corners; and
The R-1 and RS-1b lots will have a building height consistent with similar houses located
within Albion Area Plan, which have a maximum building height variance to 11.0m.
d) Citizen/Customer Implications:
As this application is the first property in the area to be developed into an urban neighbourhood, the
implications on the existing surrounding homes will be minimal. These homes have significant side-
yard setbacks from the property lines thereby minimizing the overshadowing effect from the new
homes.
CONCLUSIONS:
The proposed building height variance is consistent with building heights for most new development
in the Albion Area Plan. It is therefore recommended that this application be favourably considered
and the Corporate Officer be authorized to sign and seal Development Variance Permit DVP/091/10.
“original signed by Ingrid Milne”________________
Prepared by: Ingrid Milne
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 – Typical building elevations R-1 lots
Appendix C – Typical building elevations RS-1b lots
City of Pitt
Meadows
District of
Langley District of MissionFRASER R.
^
DATE: Jun 27, 2012 FILE: VP/091/10 BY: PC
24371/24417 112 AVENUE
CORPORATION OF
THE DISTRICT OF
MAPLE RIDGE
PLANNING DEPARTMENT 2448711282
11235
11291
2436424417244192437124341244422429624295243 B ST.112 AVE.243 B ST.112 AVE.
1 2
1
A
P 77744 P 7709
1
P 68166
A
C
P 286323
3
2
P 6452
1
P 22387
B
P 68166
P 77744
P 23217
P 23217
P 61001
\\
SUBJECT PROPERTIES
´
SCALE 1:2,500
APPENDIX A
APPENDIX B
APPENDIX C
District of Maple Ridge
TO: His Worship Mayor Ernie Daykin DATE: Dec. 03, 2012
and Members of Council FILE NO: T21-212-003
FROM: Chief Administrative Officer ATTN: C.O.W.
SUBJECT: Adjustments to 2012 Collector’s Roll
EXECUTIVE SUMMARY:
BC Assessment has revised the assessed value for the 2012 Collector’s Roll through the issuance of
Supplementary Roll 09. The Collector is required to make all the necessary changes to the
municipal tax roll records and reports these adjustments to Council.
RECOMMENDATION(S):
The report dated Dec. 03, 2012 is submitted for information.
DISCUSSION:
a) Background Context:
Two folios were adjusted in total:
The owner of a commercial strata property located in the Maple Ridge Industrial Park was
reclassified from Class 6 (Business) to Class 5 (Light Industry) which had no effect on the municipal
portion of taxes but afforded him the benefit of the Provincial Industrial Property Tax credit.
The owners of a senior housing facility appealed their assessment and it was determined that rental
revenues used to calculate building values were overstated. That, as well as a review of the condition
of the buildings, resulted in a decrease of the assessed value of improvements.
(Municipal tax revenue changes: Decrease in Class 1 (Residential) $11,265)
b) Business Plan/Financial Implications:
There is a total decrease of $ 11,265 in municipal tax revenue.
1131
CONCLUSIONS:
Appeals of 2012 assessed values settled by the Property Assessment Appeal Board of British
Columbia resulted in a decrease of $2,755,000 to the Residential assessment base.
This report dated Dec. 03, 2012 is submitted for information and is available to the public.
“Original signed by Silvia Rutledge”___________
Prepared by: Silvia Rutledge
Manager, Revenue & Collections
“Original signed by Paul Gill” ______________
Approved by: Paul Gill, B.B.A.; C.G.A.
General Manager: Corporate & Financial Services
“Original signed by J.L. (Jim) Rule ________
Concurrence: J.L. (Jim) Rule
Chief Administrative Officer
District of Maple Ridge
TO: His Worship Mayor Ernie Daykin DATE: December 11, 2012
and Members of Council FILE NO: 0530-01
FROM: Chief Administrative Officer ATTN: Council Meeting
SUBJECT: 2013 Acting Mayor, Committee & Commission Appointments
EXECUTIVE SUMMARY:
The attached list of appointments has been reviewed by the Mayor and is now presented to Council
for consideration.
RECOMMENDATION:
That the Acting Mayor schedule and appointments to Government Agencies, Advisory and/or
Legislated Committees, Special Committees, Community Groups and Organizations and Standing
Committees as attached to the staff report dated December 11, 2013 be approved.
DISCUSSION:
Council is required under its Procedure Bylaw to appoint from amongst its members, for defined
periods of the year, members to serve on a rotating basis as the Acting Mayor. The current Acting
Mayor schedule concludes on November 30, 2012. Appointments to Committees and Commissions
are traditionally reviewed annually. Respecting this tradition, the attached list provides the proposed
2013 appointments.
“Original signed by Ceri Marlo”___________________
Prepared by: Ceri Marlo
Manager of Legislative Services
“Original signed by Paul Gill” _________________
Approved by: Paul Gill, B.B.A., C.G.A., F.R.M.
General Manager: Corporate & Financial Services
“Original signed by J.L. (Jim) Rule ____________
Concurrence: J.L. (Jim) Rule
Chief Administrative Officer
/cm
1201
District of Maple Ridge
Committee & Commission Appointments for 2013
Government Agencies 2013 Appointments
Fraser Basin Council Councillor Hogarth
Fraser Valley Regional Library Councillor Bell
Alternate: Mayor Daykin
Metro Vancouver Board
Mayor Daykin
Alternate: Councillor Dueck
Metro Vancouver Mayors’ Committee Mayor Daykin
Advisory and/or Legislated Committees
Advisory Committee on Accessibility
Issues Councillor Hogarth
Agricultural Advisory Committee Councillor Masse
Councillor Ashlie
Bicycle Advisory Committee Councillor Morden
Community Heritage Commission Councillor Morden
Alternate: Councillor Masse
Economic Advisory Commission
Mayor Daykin
Councillor Hogarth
Councillor Dueck
Parks & Leisure Services Commission
Mayor Daykin
Councillor Bell
Councillor Hogarth
Alternate: Councillor Dueck
Public Art Steering Committee Councillor Dueck
Social Planning Advisory Committee Councillor Ashlie
Councillor Masse
Maple Ridge & Pitt Meadows Policing
Task Force
Mayor Daykin
Councillor Dueck
Special Committees
Parcel Tax Review Panel (formerly Court of Revision
or Frontage Tax)
Mayor Daykin
Councillor Morden
Councillor Dueck
Development Agreements Committee Mayor Daykin
Acting Mayor
Emergency Operations Centre Acting Mayor
Pitt Meadows Airport Society Councillor Morden
Committee and Commission Appointments 2013
Page 2
Community Groups & Organizations/Liaisons
Alouette River Management Society Councillor Ashlie
Chamber of Commerce Councillor Hogarth
Alternate: Councillor Masse
Fraser Health Authority Councillor Ashlie
Fraser Regional Correctional Centre Mayor Daykin
Councillor Hogarth
Ridge Meadows Seniors Society Councillor Ashlie
Alternate: Councillor Morden
Ridge Meadows Arts Council Councillor Dueck
Alternate: Councillor Bell
Ridge Meadows Recycling Society Councillor Bell
Ridge Meadows Youth Council Councillor Morden
Ridge Meadows Youth Justice Advocacy Association Mayor Daykin
Alternate: Councillor Dueck
Standing Committees
Committee of the Whole All Members of Council
Chaired by the Acting Mayor
Audit Committee
Mayor Daykin
Councillor Masse
Councillor Bell
Councillor Morden
2013 Acting Mayor Appointments
December 2012 to January 2013 Councillor Dueck
February to March 2013 Councillor Ashlie
April to May 2013 Councillor Bell
June to July 2013 Councillor Masse
August to September 2013 Councillor Hogarth
October to November 2013 Councillor Morden