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Home My WebLink About2015-09-29 Council Meeting Agenda and Reports.pdfCity of Maple Ridge COUNCIL MEETING AGENDA September 29, 2015 7:00 p.m. Council Chamber Note: This Agenda is also posted on the City’s 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 INTRODUCTION OF ADDITIONAL AGENDA ITEMS 300 APPROVAL OF THE AGENDA 400 ADOPTION AND RECEIPT OF MINUTES 401 Minutes of the Regular Council Meeting of September 8, 2015 402 Minutes to the Public Hearing of September 15, 2015 403 Minutes of the Development Agreements Committee Meetings of September 9 and 16, 2015 500 PRESENTATIONS AT THE REQUEST OF COUNCIL 600 DELEGATIONS 601 The ACT Arts Centre Maple Ridge Pitt Meadows Arts Council • Lindy Sisson, Executive and Artistic Director 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. The meeting is live streamed and recorded by the City of Maple Ridge and filmed by Shaw Communications Inc. Page 1 Council Meeting Agenda September 29, 2015 Council Chamber Page 2 of 8 602 Security Services in the Downtown Core • B. Patel, Recreation Coordinator – Core Area 700 UNFINISHED BUSINESS 800 CORRESPONDENCE 900 BYLAWS Note: Items 901 to 902 are from the September 15, 2015 Public Hearing Bylaws for Third Reading 901 2014-014-RZ, 13316 235 Street Maple Ridge Zone Amending Bylaw No. 7071-2014 To rezone from RS-3 (One Family Rural Residential) to R-1 (Residential District) and RS-1b (One Family Urban [Medium Density] Residential) to permit subdivision into 13 lots Third reading 902 2015-212-RZ Maple Ridge Zone Amending Bylaw No. 7162-2015 To amend the Maple Ridge Zoning bylaw to prohibit the sale of liquor and wine in grocery stores Third reading Bylaws for Final Reading 903 2014-001-RZ, 23753 and 23771 130 Avenue Staff report dated September 29, 2015 recommending final reading 903.1 Maple Ridge Official Community Plan Amending Bylaw No. 7122-2014 To amend the ‘Silver Valley Area Plan Figure 2 – Land Use Plan’ from Low Density Residential, Open Space, Neighbourhood Park, Medium/High Density Residential and Conservation to Medium Density Residential and Neighbourhood Park and to amend ‘Silver Valley Area Plan Figure 4 – Trails/Open Space’ to remove from Conservation, Neighbourhood Park and Open Space; and, to add to Secondary Trails and Neighbourhood Park Final reading Council Meeting Agenda September 29, 2015 Council Chamber Page 3 of 8 903.2 Maple Ridge Zone Amending Bylaw No. 7062-2014 To rezone from RS-2 (One Family Suburban Residential) R-2 (Urban Residential District) and P-1 (Park and School) to permit a future subdivision of 19 single family lots and a neighbourhood park Final reading 904 Maple Ridge Tax Exemption Bylaw No. 7170-2015 To exempt certain types of properties from municipal property taxation in 2016 Final reading 905 Maple Ridge Council Procedures Amending Bylaw No. 7174-2015 To permit the Mayor to designate a Councillor to serve as Acting Mayor, who shall be referred to as the Deputy Mayor, to fulfill the responsibilities of the Mayor in their absence and to permit the Mayor to appoint Council members, on a rotating basis, to act as the presiding member at Committee of the Whole meetings Final reading COMMITTEE REPORTS AND RECOMMENDATIONS 1100 COMMITTEE OF THE WHOLE 1100 Minutes – September 14, 2015 Public Works and Development Services 1101 2015-213-AL, 25425 and 25465 Hilland Avenue Staff report dated September 14, 2015 recommending that Application 2015-213-AL involving 2 properties within the Agricultural Land Reserve and requesting subdivision (lot line adjustment) to allow a westerly parcel of the property to access a portion of the easterly property be authorized to proceed to the Agricultural Land Commission. The following issues were presented at an earlier Committee of the Whole meeting with the recommendations being brought to this meeting for City 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 September 29, 2015 Council Chamber Page 4 of 8 1102 2015-200-RZ, 21010 119 Avenue, RS-1 to R-1 Staff report dated September 14, 2015 recommending that Maple Ridge Zone Amending Bylaw No. 7168-2015 to rezone from RS-1 (One Family Urban Residential) to R-1 (Residential District) to permit subdivision into 2 single family residential lots and that the application provide further information required as described on Schedule B of the Development Procedures Bylaw No. 5879-1999, along with the information required for a Subdivision application. 1103 2015-201-RZ, 22830 Nelson Court, R-1 to R-2 Staff report dated September 14, 2015 recommending that Maple Ridge Zone Amending Bylaw No. 7163-2015 to rezone from R-1 (Residential District) to R-2 (Urban Residential District) to permit a subdivision of approximately 25 lots be given first reading and that the applicant provide further information as described on Schedule B and J of the Development Procedures Bylaw No. 5879-1999, along with the information required for a Subdivision application. 1104 2014-019-RZ, 24815 & 24837 Dewdney Trunk Road; 12040 248 Street, RS-1 to C-2 Staff report dated September 14, 2015 recommending that Maple Ridge Official Community Plan Amending Bylaw No. 7171-2015 to designate a portion of property from Estate Suburban Residential to Commercial be given first and second reading and be forwarded to Public Hearing, that second reading of Maple Ridge Zone Amending Bylaw No. 7070-2014 be rescinded and that Maple Ridge Zone Amending Bylaw No. 7070-2014 as amended to rezone from RS-1 (One Family Urban Residential) to C-2 (Community Commercial) to permit construction of 2 commercial buildings be given second reading and be forwarded to Public Hearing. 1105 2014-054-RZ, 23627 and 23598 Dogwood Avenue, Addendum to Second Reading Report dated July 28, 2015 Staff report dated September 14, 2015 recommending that the “Addendum to Second Reading Report” dated September 14, 2015 providing updated information on Application No. 2014-054-RZ and including a revised subdivision layout be received for information. Council Meeting Agenda September 29, 2015 Council Chamber Page 5 of 8 1106 2012-034-RZ, 12101 208 Street, First One Year Extension Staff report dated September 14, 2015 recommending that a one year extension be granted for rezoning application 2012-034-RZ to permit 8 townhouse units under the RM-1 (Townhouse Residential) zone. 1107 2013-080-RZ, 24086 104 Avenue, First One Year Extension Staff report dated September 14, 2015 recommending that a one year extension be granted for rezoning application 2013-080-RZ to permit 18 townhouse units under the RM-1 (Townhouse Residential) zone. 1108 2015-041-DVP, 20070 113B Avenue Staff report dated September 14, 2015 recommending that the Corporate Officer be authorized to sign and seal 2015-041-DVP to allow for an increase in maximum retaining wall height, a reduction in the exterior side yard setbacks and a reduction in the minimum landscape strip along the front and exterior side lot lines. 1109 2015-041-DP, 20070 113B Avenue Staff report dated September 14, 2015 recommending that the Corporate Officer be authorized to sign and seal 2015-041-DP to permit a two-storey industrial office building under the M-3 (Business Park) zone for a freight- broker business, with a small amount of warehouse space. 1110 2015-081-DVP, 22464 Lougheed Highway Staff report dated September 14, 2015 recommending that the Corporate Officer be authorized to sign and seal 2015-081-DVP to allow for a reduction in the minimum height requirement of a new commercial building from three storeys to one storey. 1111 2015-081-DP, 22464 Lougheed Highway Staff report dated September 14, 2015 recommending that the Corporate Officer be authorized to sign and seal 2015-061-DP to permit construction of a commercial building under the C-3 (Town Centre Commercial) zone. 1112 2015-043-DP, 20159 115A Avenue, Industrial Development Permit Staff report dated September 14, 2015 recommending that the Corporate Officer be authorized to sign and seal 2015-043-DP to permit construction of a single-storey industrial building under the M-3 (Business Park) zone. Council Meeting Agenda September 29, 2015 Council Chamber Page 6 of 8 1113 Excess Capacity/Extended Services Agreement LC 157/14, 24371 112 Avenue Staff report dated September 14, 2015 recommending that the Corporate Officer be authorized to sign and seal Excess Capacity Latecomer Agreement LC 157/14. 1114 Maple Ridge Subdivision and Development Servicing Amending Bylaw No. 7093-2014 Staff report dated September 14, 2015 recommending that Maple Ridge Subdivision and Development Servicing Amending Bylaw No. 7093-2014 to update engineering practices and regulations be given first, second and third readings. Financial and Corporate Services (including Fire and Police) 1131 City-Owned Town Centre Lands – Purchase and Sale Agreement Staff report dated September 14, 2015 recommending that staff be directed to complete a Purchase and Sale Agreement between the City of Maple Ridge and Falcon Homes Ltd. for the City’s 3.04 acre Town Centre Lands and that the Corporate Officer be authorized to execute the agreement. 1132 Disbursements for the month ended August 31, 2015 Staff report dated September 14, 2015 recommending that the disbursements for the month ended August 31, 2015 be received for information. Community Development and Recreation Service 1151 Correspondence 1171 Council Meeting Agenda September 29, 2015 Council Chamber Page 7 of 8 Other Committee Issues 1181 1200 STAFF REPORTS 1201 License to Occupy Notice – Temporary Homeless Shelter Staff report dated September 29, 2015 recommending the completion of a License to Occupy between the City of Maple Ridge and RainCity Housing and Support Society for the temporary homeless shelter located at 22239 Lougheed Highway and that the Corporate Officer be authorized to grant the Licence following completion of the requisite Notice of Assistance period. 1300 RELEASE OF ITEMS FROM CLOSED COUNCIL 1400 OTHER MATTERS DEEMED EXPEDIENT 1500 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETING 1600 QUESTIONS FROM THE PUBLIC Council Meeting Agenda September 29, 2015 Council Chamber Page 8 of 8 1700 ADJOURNMENT Checked by:________________ Date: ________________ 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. City of Maple Ridge COUNCIL MEETING MINUTES September 8, 2015 The Minutes of the City Council Meeting held on September 8, 2015 at 7:00 p.m. in the Council Chamber of the City Hall, 11995 Haney Place, Maple Ridge, British Columbia for the purpose of transacting regular City business. PRESENT Elected Officials Appointed Staff Mayor N. Read K. Swift, Acting Chief Administrative Officer/General Councillor C. Bell Manager of Community Development, Parks and Councillor K. Duncan Parks and Recreation Services Councillor B. Masse P. Gill, General Manager Corporate and Financial Services Councillor G. Robson C. Carter, Acting General Manager of Public Works and Councillor T. Shymkiw Development Councillor C. Speirs D. Denton, Acting Corporate Officer A. Gaunt, Confidential Secretary Other staff as required R. Carmichael, Director of Engineering Operations H. Exner, Deputy Fire Chief Superintendent D. Fleugel, Ridge Meadows RCMP Note: These Minutes are also posted on the City’s Web Site at www.mapleridge.ca The meeting was filmed by Shaw Communications Inc. and live streamed and recorded by the City of Maple Ridge 100 CALL TO ORDER 200 INTRODUCTION OF ADDITIONAL AGENDA ITEMS 300 APPROVAL OF THE AGENDA The agenda was approved with the addition of Item 601 401 Council Minutes September 8, 2015 Page 2 of 19 400 ADOPTION AND RECEIPT OF MINUTES 401 Minutes of the Regular Council Meeting of July 28, 2015 R/2015-348 It was moved and seconded That the minutes of the Regular Council Meeting of July 28, 2015 be adopted as circulated. CARRIED 402 Minutes of the Development Agreements Committee Meeting of July 29, 2015 and August 5, 12, 19 and 26, 2015 R/2015-349 It was moved and seconded That the minutes of the Development Agreements Committee Meeting of July 29, 2015 and August 5, 12, 19 and 26, 2015 be received. CARRIED 500 PRESENTATIONS AT THE REQUEST OF COUNCIL 501 Needle Distribution Program - Fraser Health Authority •Dr. Marcus Lem, Medical Health Officer, Fraser Health Authority •Erin Gibson, Fraser Health Harm Reduction Coordinator Dr. Lem and Ms. Gibson gave a PowerPoint presentation providing information on the Fraser Health Authority’s Harm Reduction program including a definition for harm reduction, a review of the guiding principles of the program and highlights of the needle distribution program. 502 August 29, 2015 Wind Event Update Presentation by R. Carmichael, Director of Engineering Operations and H. Exner, Deputy Fire Chief The Director of Engineering Operations and the Deputy Fire Chief gave a PowerPoint presentation providing information on the wind storm on August 29, 2015 including damage done by the storm throughout the community and the response on the part of the Fire Department, Public Works and the RCMP. Council Minutes September 8, 2015 Page 3 of 19 600 DELEGATIONS 601 Blanket BC Society Presentation •Gregory Ould, Executive Director Mr. Ould gave a PowerPoint presentation providing information on the Blanket BC Society. He outlined the history of the society, the work being done currently and the successes of past years. He invited Mayor and Council to a “Decade of Warmth” celebration in New Westminster. 700 UNFINISHED BUSINESS – Nil 800 CORRESPONDENCE – Nil 900 BYLAWS Bylaws for Final Reading 901 2012-047-RZ, 22577, 22569, 22557 Royal Crescent and 11771 226 Street Staff report dated September 8, 2015 recommending final reading 901.1 Maple Ridge Zone Amending Bylaw No. 6967-2013 To permit a site specific text amendment for floor space ratio Final reading R/2015-350 It was moved and seconded That Bylaw No. 6967-2013 be adopted. CARRIED 901.2 Maple Ridge Zone Amending Bylaw No. 6927-2012 To rezone from RS-1 (One Family Urban Residential) to RM-2 (Medium Density Apartment Residential) to permit the future construction of a five storey, 48 unit apartment building Final reading R/2015-351 It was moved and seconded That Bylaw No. 6927-2012 be adopted. CARRIED Council Minutes September 8, 2015 Page 4 of 19 902 2013-113-RZ, 21530 Donovan Avenue Maple Ridge Zone Amending Bylaw No. 7050-2013 Staff report dated September 8, 2015 recommending final reading To rezone from RS-1 (One Family Urban Residential) to RS-1b (One Family Urban [Medium Density] Residential) to permit subdivision into 2 single family residential lots Final reading R/2015-352 It was moved and seconded That Bylaw No. 7050-2013 be adopted. CARRIED 903 2014-016-RZ, 23908 and 23920 Dewdney Trunk Road Maple Ridge Zone Amending Bylaw No. 7083-2014 Staff report dated September 8, 2015 recommending final reading To rezone from RS-1b (One Family Urban [Medium Density] Residential) and RS-3 (One Family Rural Residential) to R-2 (Urban Residential District) to permit subdivision into 12 single family residential lots Final reading R/2015-353 It was moved and seconded That Bylaw No. 7083-2014 be adopted. CARRIED 904 2015-158-RZ, 23980 Kanaka Way Maple Ridge Zone Amending Bylaw No. 7155-2015 Staff report dated September 8, 2015 recommending final reading Site specific Zoning Bylaw text amendment to add a Child Care Centre (daycare) at 23980 Kanaka Way as a use to the C-1 Neighbourhood Commercial Zone Final reading R/2015-354 It was moved and seconded That Bylaw No. 7155-2015 be adopted. CARRIED Council Minutes September 8, 2015 Page 5 of 19 COMMITTEE REPORTS AND RECOMMENDATIONS 1100 COMMITTEE OF THE WHOLE Minutes – August 31, 2015 R/2015-355 It was moved and seconded That the minutes of the Committee of the Whole Meeting of August 31, 2015 be received. CARRIED Public Works and Development Services 1101 2015-160-RZ, Bylaw Amendment, Residential Building Height Staff report dated August 31, 2015 recommending that Maple Ridge Zone Amending Bylaw No. 7165-2015 to create a unified maximum building height of 11.0 m for principal dwellings in single family and in low rise multi-family zones be given first and second reading and forwarded to Public Hearing. R/2015-356 It was moved and seconded That Bylaw No. 7165-2015 be given first and second reading and be forwarded to Public Hearing. CARRIED 1102 2014-070-RZ, 10470 245B Street and 24589 104 Avenue, RS-2 to RS-1b Staff report dated August 31, 2015 recommending that Maple Ridge Zone Amending Bylaw No. 7157-2015 to rezone from RS-2 (One Family Suburban Residential) to RS-1b (One Family Urban [Medium Density] Residential) to permit a subdivision of approximately 16 lots be given first reading and that the applicant provide further information as described on Schedules A, B, and F of the Development Procedures Bylaw No. 5879- 1999, along with the information required for a Subdivision application. R/2015-357 It was moved and seconded In respect of Section 879 of the Local Government Act, requirement for consultation during the development or amendment of an Official Community Plan, Council must consider whether consultation is required with specifically: Council Minutes September 8, 2015 Page 6 of 19 i.The Board of the Regional District in which the area covered by the plan is located, in the case of a Municipal Official Community Plan; ii.The Board of any Regional District that is adjacent to the area covered by the plan; iii.The Council of any municipality that is adjacent to the area covered by the plan; iv.First Nations; v.School District Boards, greater boards and improvements district boards; and vi.The Provincial and Federal Governments and their agencies. and in that regard it is recommended that no additional consultation be required in respect of this matter beyond the early posting of the proposed Official Community Plan amendments on the City’s website, together with an invitation to the public to comment, and; That Bylaw No. 7157-2015 be given first reading; and That the applicant provide further information as described on Schedules A, B, and F of the Development Procedures Bylaw No. 5879–1999, along with the information required for a Subdivision application. R/2015-358 It was moved and seconded That the motion for first reading of Maple Ridge Zone Amending Bylaw No. 7157-2015 be deferred to a meeting following a Council discussion on amenity contributions. MOTION TO DEFER CARRIED Councillor Robson, Councillor Speirs - OPPOSED Note: Mayor Read excused herself from discussion of Item 1103 at 8:50 p.m. as she lives in the vicinity of the property. Councillor Duncan acted as Chair. 1103 2013-086-RZ, 23262 Silver Valley Road, 13738, 13702 and 13660 232 Street, RS-3 to RS-1, RS-1b, R-1, R-3, RST-SV, C-5 and P-1 Staff report dated August 31, 2015 recommending that Maple Ridge Official Community Plan Amending Bylaw No. 7160-2015 to revise land use designation boundaries and an equestrian trail location be given first and second reading and be forwarded to Public Hearing and that Maple Ridge Zone Amending Bylaw No. 7023-2013 to rezone from RS-3 (One Family Rural Residential) to RS-1 (One Family Urban Residential), RS-1b (One Family Urban [Medium Density] Residential), R-1 (Residential District), R-3 (Special Amenity Residential District), RST-SV (Street Townhouse – Silver Valley), C-5 (Village Centre Commercial) and P-1 (Park and School) be given second reading and be forwarded to Public Hearing. Council Minutes September 8, 2015 Page 7 of 19 R/2015-359 It was moved and seconded 1)That, in accordance with Section 879 of the Local Government Act, opportunity for early and on-going consultation has been provided byway of posting Bylaw No. 7160-2015 on the municipal website andrequiring that the applicant host a Development Information Meeting(DIM), and Council considers it unnecessary to provide any furtherconsultation opportunities, except by way of holding a Public Hearingon the bylaw;2)That Bylaw No. 7160-2015 be considered in conjunction with theCapital Expenditure Plan and Waste Management Plan;3)That it be confirmed that Bylaw No. 7160-2015 is consistent with theCapital Expenditure Plan and Waste Management Plan;4)That Bylaw No. 7160-2015 be given first and second readings and beforwarded to Public Hearing;5)That Bylaw No. 7023-2013 be amended as identified in the staffreport dated August 31, 2015, be given second reading, and beforwarded to Public Hearing;6)That the following terms and conditions be met prior to final reading:i)Registration of a Rezoning Servicing Agreement as a RestrictiveCovenant and receipt of the deposit of a security, as outlined inthe Agreement;ii)Amendment to Official Community Plan Schedule “A”, Chapter10.3, Part VI, A – Silver Valley, Figure 2 - Land Use Plan, Figure 3A- Blaney Hamlet, and Figure 4 - Trails / Open Space,iii)Road dedication on 232 Street and Silver Valley Road asrequired;iv)Park dedication as required, including construction of multi-purpose trails; and removal of all debris and garbage from parkland;v)Purchase of the land identified for future neighbourhood park bythe City of Maple Ridge;vi)Consolidation of the subject properties;vii)Registration of a Restrictive Covenant for the geotechnicalreport, which addresses the suitability of the subject propertiesfor the proposed development and confirms that the slope failurearea has been remediated;viii)Removal of existing buildings;ix)Approval from the Ministry of Forest, Lands and NaturalResources for in-stream works on the site;x)In addition to the site profile, a disclosure statement must besubmitted by a Professional Engineer advising whether there isany evidence of underground fuel storage tanks on the subjectproperties. If so, a Stage 1 Site Investigation Report is required toensure that the subject property is not a contaminated site. Council Minutes September 8, 2015 Page 8 of 19 R/2015-360 It was moved and seconded That Application 2013-086-RZ be deferred to allow staff to engage in a discussion with the applicant on additional rental accommodation and a permanent daycare use requirement. MOTION TO DEFER CARRIED Councillor Masse, Councillor Speirs - OPPOSED Note: Mayor Read returned to the meeting at 9:09 p.m. 1104 2014-110-RZ, 11716 Burnett Street, RS-1 to R-1 Staff report dated August 31, 2015 recommending that Maple Ridge Zone Amending Bylaw No. 7123-2014 to rezone from RS-1 (One Family Urban Residential) to R-1 (Residential District) to permit a subdivision of approximately three single family lots be given second reading and be forwarded to Public Hearing. R/2015-361 It was moved and seconded 1)That Bylaw No. 7123-2014 be given second reading, and be forwarded to Public Hearing; 2)That the following terms and conditions be met prior to final reading: i)Registration of a Restrictive Covenant for the Stormwater Management Plan; ii)Removal of existing building/s (through demolition permit); iii)If the Director of Waste Management from the Ministry of Environment determines that a site investigation is required based on the submitted Site Profile, a rezoning, development, or development variance permit cannot be approved until a release is obtained for the subject property; iv)In addition to the site profile, a disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks on the subject property. If so, a Stage 1 Site Investigation Report is required to ensure that the subject property is not a contaminated site. CARRIED 1105 2011-082-DVP, 10150 and 10190 Jackson Road Staff report dated August 31, 2015 recommending that the Corporate Officer be authorized to sign and seal 2011-082-DVP to increase the maximum permitted R-1 zone building height and to reduce the R-1 zone rear yard setback for lots 29-39. Council Minutes September 8, 2015 Page 9 of 19 The Acting Corporate Officer advised that one piece of correspondence pertaining to the application was received. R/2015-362 It was moved and seconded That the Corporate Officer be authorized to sign and seal application 2011- 082-DVP respecting property located at 10150 and 10190 Jackson Road. CARRIED 1106 2012-047-DVP, 2012-047-DP, 22577, 22569 and 22557 Royal Crescent, 11771 226 Street Staff report dated August 31, 2015 recommending that the Corporate Officer be authorized to sign and seal 2012-047-DVP to reduce front yard setbacks, to reduce interior yard setbacks and to increase maximum height and that the Corporate Officer be authorized to sign and seal 2012-047-DP to permit construction of a 48 unit apartment building in the RM-2 (Medium Density Apartment Residential) zone. R/2015-363 It was moved and seconded 1)That the Corporate Officer be authorized to sign and seal 2012-047- DVP respecting properties located at 22577, 22569, and 22557 Royal Crescent; and 11771 226 Street; and further, 2)That the Corporate Officer be authorized to sign and seal 2012-047-DP respecting properties located at 22577, 22569, and 22557 Royal Crescent; and 11771 226 Street. CARRIED 1107 2015-158-DVP, 23980 Kanaka Way Staff report dated August 31, 2015 recommending that the Corporate Officer be authorized to sign and seal 2015-158-DVP to reduce the parking requirement for the Child Care Centre and to reduce the parking requirement for commercial uses. R/2015-364 It was moved and seconded That the Corporate Officer be authorized to sign and seal 2015-158-DVP respecting property located at 23980 Kanaka Way. CARRIED Council Minutes September 8, 2015 Page 10 of 19 Note: Councillor Shymkiw excused himself from discussion of Items 1108 and 1109 at 9:21 p.m. as he has a property in the area. 1108 2013-082-DVP, 13260 236 Street Staff report dated August 31, 2015 recommending that the Corporate Officer be authorized to sign and seal 2013-082-DVP to increase maximum building height, to increase maximum retaining wall heights and to reduce minimum setbacks to the property line. R/2015-365 It was moved and seconded That the Corporate Officer be authorized to sign and seal 2013-082-DVP respecting property located at 13260 236 Street. CARRIED 1109 2013-082-DP, 13260 236 Street Staff report dated August 31, 2015 recommending that the Corporate Officer be authorized to sign and seal 2013-082-DP to permit development of a 61 unit townhouse project. R/2015-366 It was moved and seconded That the Corporate Officer be authorized to sign and seal 2013-082-DP respecting property located at 13260 236 Street. CARRIED Note: Councillor Shymkiw returned to the meeting at 9:25 p.m. 1110 2015-257-SD, 12016 York Street, Stata Conversion Staff report dated August 31, 2015 recommending that the issuance of a Certificate of Approval for strata conversion of residential townhouse buildings located at 12016 York Street be approved and that the Corporate Officer be authorized to sign the Certificate of Approval. R/2015-367 It was moved and seconded That the issuance of a Certificate of Approval for the strata conversion of the residential townhouse buildings located at 12016 York Street in accordance with Section 242 of the Strata Property Act be approved; and Council Minutes September 8, 2015 Page 11 of 19 That the Corporate Officer be authorized to sign the Certificate of Approval. CARRIED 1111 2011-095-SD, 2% Money in Lieu of Parkland Dedication, 11219 243 Street Staff report dated August 31, 2015 recommending that the owner of the subject property pay an amount that is not less than $30,000.00 R/2015-368 It was moved and seconded That pursuant to Local Government Act, Section 941, regarding 2% Parkland Dedication or payment in lieu, be it resolved that the owner of land proposed for subdivision at 11219 243 Street, under application 2011-095-SD, shall pay to the City of Maple Ridge an amount that is not less than $30,000.00. CARRIED 1112 2013-103-SD, 5% Money in Lieu of Parkland Dedication, 12366 Laity Street Staff report dated August 31, 2015 recommending that the owner of the subject property pay an amount that is not less than $37,500.00. R/2015-369 It was moved and seconded That pursuant to Local Government Act, Section 941, regarding 5% Parkland Dedication or payment in lieu, be it resolved that the owner of land proposed for subdivision at 12366 Laity Street, under application 2013-103-SD, shall pay to the City of Maple Ridge an amount that is not less than $37,500.00. CARRIED Financial and Corporate Services (including Fire and Police) 1131 Disbursements for the month ended July 31, 2015 Staff report dated August 31, 2015 recommending that the disbursements for the month ended July 31, 2015 be received for information. Council Minutes September 8, 2015 Page 12 of 19 R/2015-370 It was moved and seconded That the disbursements as listed below for the month ended July 31, 2015 be received for information: General $32,722,315. Payroll $ 1,798,214. Purchase Card $ 99,001. $ 34,619,530. CARRIED 1132 2015 Council Expenses Staff report dated August 31, 2015 providing updated Council expenses recorded to the end of July for 2015. For information only No motion required 1133 2016-2020 Financial Planning Guidelines Staff report dated August 31, 2015 recommending that staff be directed to prepare the 2016-2020 Financial Plan, incorporating the Financial Plan Guidelines. The General Manager of Corporate and Financial Services provided a PowerPoint presentation outlining the purpose of the financial plan guidelines; R/2015-371 It was moved and seconded That staff be directed to prepare the 2016-2020 Financial Plan incorporating the Financial Plan Guidelines as itemized in section d) of the August 31, 2015 staff report titled, “2016 – 2020 Financial Plan Guidelines”. CARRIED Council Minutes September 8, 2015 Page 13 of 19 1134 2016 Permissive Tax Exemptions Staff report dated August 31, 2015 recommending that Maple Ridge Tax Exemption Bylaw No. 7170-2015 be given first, second and third readings. R/2015-372 It was moved and seconded That Bylaw No. 7170-2015 be given first, second and third readings. CARRIED Councillor Robson - OPPOSED 1135 Assurance Requirements – Downtown Parking Society Staff report dated August 31, 2015 recommending that the agreement with the Downtown Parking Society be amended to require a financial statement audit once every five years with assurance achieved in intervening years either through the work of City staff or through a review engagement, as recommended by the Audit & Finance Committee. R/2015-373 It was moved and seconded That the agreement with the Downtown Parking Society be amended to require a financial statement audit once every five years with assurance achieved in intervening years either through the work of City staff or through a review engagement, as required by the Audit & Finance Committee. CARRIED 1136 Partnering Agreements, Employment Land Investment Incentive Program and Town Centre Investment Incentive Program Staff report dated August 31, 2015 recommending that the Corporate Officer be authorized to execute Partnering Agreements with Meridian Acquisitions Ltd. under building permit number 15-107398 and Anmore Holdings Inc. under building permit number 15-111021. R/2015-374 It was moved and seconded That the Corporate Officer be authorized to execute Partnering Agreements to: 1.Meridian Acquisitions Ltd. under building permit number 15-107398 in the amount of $5,539.35; and, 2.Anmore Holdings Inc. under building permit number 15-111021 in the amount of $8,610.29. CARRIED Council Minutes September 8, 2015 Page 14 of 19 Community Development and Recreation Service – Nil Correspondence – Nil Other Committee Issues – Nil 1200 STAFF REPORTS – Nil 1300 RELEASE OF ITEMS FROM CLOSED COUNCIL From the August 12, 2015 Special Closed Council Meeting •02.02 Homeless Shelter Update and Options From the August 14, 2015 Special Closed Council Meeting •02.01 Lease of 22239 Lougheed Highway From the August 31, 2015 Closed Council Meeting •04.04 City-Owned Town Centre Lands – Approval of Purchase and Sale Agreement For information only No motion required 1400 OTHER MATTERS DEEMED EXPEDIENT 1401 Rescheduling of the September 22, 2015 Council Meeting Discussion on rescheduling of the September 22, 2015 Council Meeting to September 29, 2015 R/2015-375 It was moved and seconded That the September 22, 2015 Council meeting be rescheduled to September 29, 2015. CARRIED 1500 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETINGS – Nil Council Minutes September 8, 2015 Page 15 of 19 1600 QUESTIONS FROM THE PUBLIC Jen Watts Ms. Watts referred to an article in a local newspaper suggesting a community forum on the proposed temporary shelter and asked that if the public requested an open town hall meeting on the temporary shelter, whether such a request could be accommodated, when this would happen and what such a forum would look like. Mayor Read advised that the announcement of an official shelter provider is the jurisdiction of BC Housing and that the service provider will engage the surrounding neighbourhood to discuss issues related to the temporary shelter. Ms. Watts asked whether the forum will be open to all, with questions directed to the service provider. Mayor Read advised that this would be an opportunity for the public to ask questions. Danielle Rose Ms. Rose stated her questions were directed at the Fraser Health representatives. She expressed concern over the large amount of needles being found throughout the community and the amount of time it took to have a needle picked up once it was reported by using a phone number posted on the Resilience Initiative website. Ms. Rose feels there is not enough harm reduction in areas where children play. She asked if Fraser Health will balance the harm reduction with the health concerns of the community and families. Rhonda Murray Ms. Murray asked for clarification on whether or not a public forum was announced or held in regard to the establishment of low barrier housing in a building to be leased to the City prior to Council voting on the issue. She expressed concern with the change to the flavour of the community and asked whether Council had voted on the issue without public consultation. Ms. Murray asked for confirmation that a public forum will be held once a service provider is in place and questioned whether Council is aware that almost every business in the downtown area is opposed to this being put into their business district. She also asked that as BC Housing has a contract with Salvation Army whether they will have two contracts in Maple Ridge. Mayor Read provided an explanation on why a public forum was not held pertaining to the location of the temporary shelter. She explained that a public hearing is held when a property goes through a rezoning process, however, the property did not need to be rezoned as the existing zoning permitted this use in that space. Mayor Read provided clarification on the topic of the public forum. She advised on steps to be taken by the service provider to mitigate impact and to address any concerns, including those of surrounding businesses and residents in the neighbourhood. She responded to the concerns of downtown businesses and advised on the BC Housing contracts. Council Minutes September 8, 2015 Page 16 of 19 Melissa Crich Ms. Crich referenced a newspaper article pertaining to a public forum and a statement that there will be a forum at the end of six months about continuing the shelter or location. She requested clarification on that statement. She asked whether the community will be consulted in a forum or through a committee of peers should the use of the shelter continue and how the public would find out about such a process should it occur. Ms. Critch asked whether the public can expect consultation on anything coming forward once the temporary shelter closed. She expressed concern with the current temporary shelter not being required to go through a rezoning process and asked whether such a scenario could occur again. Ms. Crich referred to funding of $370,000 and asked if there is accountability for the spending of that funding which the public can view. Mayor Read provided clarification on the forum and advised on future plans of the Resilience Initiative and Council. She also advised on public consultation should there be need for a new supportive housing complex or a new shelter and outlined the process which will be followed should an application be required to go through rezoning in order to allow construction of a new building or conversion of an existing one. She advised that public consultation will be an expectation should the rezoning of a property or building be required, however, she stipulated that discussion needs to be held with BC Housing on any plans for the future. The Mayor advised on the approved funding envelope for $370,000. Note: Councillor Robson left the meeting at 9:53 p.m. Alison Ailles Ms. Ailles commented that needles are considered hazardous waste and questioned Fraser Health’s version of harm reduction. She advised that she has looked at the site of ‘who to call’ for needle pickup. She expressed concern over the length of time it took to have a needle picked up as per a previous speaker’s comments and asked what a reasonable response time for retrieval would be. She asked responses also be made available after hours and on weekends. The Acting Chief Administrative Officer advised on work to be done to provide more information on the time taken to retrieve needles and to streamline the process originally implemented in order to improve response time. Councillor Bell asked what School District No. 42 and the schools are doing to participate and where their accountability was. The Acting Chief Administrative Officer advised that the School District has information posted on its website pertaining to discarded needles. Councillor Bell requested that a report be provided detailing how the School District and the schools are contributing. Mayor Read advised that school principals do sweep school grounds. Council Minutes September 8, 2015 Page 17 of 19 Karen Leo Ms. Leo commented that she did not feel it is the School District’s responsibility to pick up dirty needles. She addressed her question to the RCMP representatives. She referred to well-known drug houses and asked what information or proof is required and what citizens can do to help the RCMP shut down and eliminate such houses from the community. Superintendent Fleugel addressed Ms. Leo’s questions and outlined what citizens can do to assist the RCMP in closing down drug houses and dealing with suspicious activity in a neighbourhood. Ricki Funk Ms. Funk addressed her question to the RCMP representative. She asked why persons continue to be allowed to live in or return to residences which have been busted by police, even if they are renters. Superintendent Fleugel advised that tenancy eviction, though recommended to a landlord by police, is not within police control. He also advised on the process which persons arrested for an offense go through in the court system. Ronald Rogers Mr. Rogers expressed concern about a house across the street from his building and the amount of illegal activity going on in and around that house. He asked what type of evidence the RCMP needs from neighbours to have this house closed down and what the RCMP and the Bylaws Department can do. Superintendent Fleugel addressed the question. He advised that he will meet with the resident following the meeting to further address concerns and that an officer will follow up with the resident as well. Riekie Armstrong Ms. Armstrong expressed concern with the harm reduction program and asked why a needle which has been thrown away by a drug user is considered harmless to residents. She asked why a drug user cannot use a needle for a second time as it is considered harmful, yet is not considered harmful when on the ground. She suggested asking for a deposit for needles and providing a dollar for each needle returned. Ms. Armstrong spoke against the temporary shelter. Robin Wehmet Ms. Wehmet asked how residents can be assured there will not be another tent city once the temporary shelter is open. She commented that the shelter will only have 40 beds and that there are more than 40 people living in the existing camp. She asked what will be done with campers who are not willing to leave and whether smaller tents cities which are being established will be dispersed as well. She asked how this will be done. Mayor Read spoke to the shift in the dynamic of the camp on Cliff Avenue in the last month and expressed Council’s concern over flow of other persons replacing those Council Minutes September 8, 2015 Page 18 of 19 moving into housing. She advised that 30 persons from the camp have been moved into supportive housing and outlined what is being done to work through the issue of persons coming into the community to replace the core group of campers who have now been housed. She stated that persons who are not willing to leave to move into shelter provided will be dispersed by an injunction. She also advised on actions which will be and have been taken to deal with smaller tent cities. Ms. Wehmet requested clarification on the low barrier aspect of the new shelter. She asked why it will be classified as low barrier and how that will work. She wondered whether individuals accessing the shelter will carry on with street activities as they do currently. She expressed concern that things were not changing when compared to what is happening currently. Mayor Read provided clarification on why a low barrier format for a temporary shelter was chosen. Ricki Funk Ms. Funk asked why the public cannot get clarification from Mayor and Council as to which service provider will be running the temporary shelter, as this information has been posted over social media. The Mayor provided an explanation on why information pertaining to a service provider for the temporary shelter has not been provided by the City. She explained that it is the responsibility of BC Housing to announce a service provider once a final agreement is in place. Jen Watts Ms. Watts asked how much has been spent on emergency calls to Cliff Avenue and other well-known camps around the community on such things as the RCMP and ambulance. Mayor Read advised that currently there is no accurate picture on funds spent. Superintendent Fleugel outlined funding for the RCMP and budget allocations. He advised that an estimate on spending by the RCMP on Cliff Avenue can be provided. Debra Brookes Ms. Brookes expressed concern that residents were not consulted on the low barrier housing due to rezoning not being a requirement. She asked whether residents will be able to vote or if some sort of referendum will be held should another shelter be put in place in Maple Ridge after six months. Ms. Brookes asked whehter Council can say no to the Provincial and Federal Governments should constituents say no. Mayor Read indicated that this will be a future discussion for Council. She outlined the process which will be looked at during that discussion. Council Minutes September 8, 2015 Page 19 of 19 Rhonda Murray Ms. Murray expressed that residents can appreciate problems with mental illness and drug addictions. She questioned whether this is a provincial responsibility rather than a municipal one. Her main concerns are that the temporary shelter was designated, and will be opened, without public consultation, the negative impacts on the downtown area of Maple Ridge and the movement of more persons onto Cliff Avenue to replace people who have been provided with housing. Ms. Murray also expressed concern that the open and transparent government mandate in terms of the location of the temporary shelter was not adhered to and that this type of facility will not be closed after six months. Mayor Read addressed the question of open and transparent government. She explained Council’s need to move quickly on the issue in order to find a location which fit BC Housing specifications. She acknowledged that this issue has been downloaded onto the City and advised on work being done to work with the Provincial and Federal Governments to resolve the issue. She advised that mitigation strategies will be in place to control impact on the neighbourhood and that these strategies will be followed up on by Council. Matthew Bosco Mr. Bosco addressed his question to the representatives of Fraser Health. He referred to a bucket he had presented to the representatives containing drug use material he found on school grounds. He expressed concern over used needles being compared to rusty nails by the Fraser Health representative. He asked for a plan to clean up needles. Dr. Lem, Fraser Health, addressed concerns expressed by the public and Council. Mayor Read expressed her concerns to Fraser Health about the large number of drug use related materials such as used needles being found in the community and the need to deal with the issue moving forward. 1700 ADJOURNMENT – 10:48 p.m. _______________________________ N. Read, Mayor Certified Correct ___________________________________ D. Denton, Acting Corporate Officer City of Maple Ridge PUBLIC HEARING September 15, 2015 The Minutes of the Public Hearing held in the Council Chamber of City Hall, 11995 Haney Place, Maple Ridge, British Columbia on September 15, 2015 at 7:00 p.m. PRESENT Elected Officials Appointed Staff Mayor N. Read K. Swift, Acting Chief Administrative Officer Councillor C. Bell F. Quinn, General Manager of Public Works and Councillor K. Duncan Development Councillor B. Masse C. Carter, Director of Planning Councillor G Robson D. Denton, Acting Corporate Officer Councillor T. Shymkiw A. Gaunt, Confidential Secretary Councillor C. Speirs C. Goddard, Manager of Development and Environmental Services A. Kopystynski, Planner 2 Mayor Read called the meeting to order. The Manager of Legislative Services explained the procedure and rules of order of the Public Hearing and advised that the bylaws will be considered further at the next Council Meeting on September 29, 2015. The Mayor then called upon the Manager of Development and Environmental Services to present the following items on the agenda: Note: Councillor Shymkiw excused himself for discussion of Item 1 at 7:04 p.m. as he has a property in the immediate area. 1)2014-014-RZ Maple Ridge Zone Amending Bylaw No. 7071-2014 Legal:Lot 3, Section 28, Township 12, NWD Plan 3007 Location: 13316 235 Street From:RS-3 (One Family Rural Residential) 402 Public Hearing Minutes September 15, 2015 Page 2 of 6 To: R-1 (Residential District) and RS-1b (One Family Urban (Medium Density) Residential) Purpose: To permit a subdivision into 13 lots. The Acting Corporate Officer advised that no correspondence was received on this item. The Manager of Development and Environmental Services provided a PowerPoint presentation which included the following: •Application Information •Subject Map •Official Community Plan Context •Neighbourhood Context •Site Characteristics •Development Proposal •Proposed Subdivision Plan •Terms and Conditions John Sellers Mr. Sellers identified the location of his property. He expressed concern with the retention of specific trees on the property damaged as a result of the recent wind storm. He asked about a bank on the properties to the north and at the end of his area which runs to a flat area he believes to be a drainage area. He expressed concern with what will be done with the bank due to extensive water runoff when the house next to his was being built. Don Bowins – DK Bowins & Associates Inc. Mr. Bowins advised on the tree retention plan and the stormwater management and drainage plans for the proposed development. Susan Chambers Ms. Chambers asked about the siting of two rows of buildings proposed. She expressed concern with the impact of the view from her residence as a result of the height of the proposed buildings and the grading of the site. She would like to see the large trees on the site retained. Don Bowins – DK Bowins & Associates Inc. Mr. Bowins provided clarification on the site lines of the property and advised that views from neighbouring houses will not be impacted. He also advised that trees which have been identified as dangerous trees by an arborist will be removed and replanting will be done. Note: Councillor Shymkiw returned to the meeting at 1:14 p.m. Public Hearing Minutes September 15, 2015 Page 3 of 6 2) 2015-212-RZ Maple Ridge Zone Amending Bylaw No. 7161-2015 Purpose: To amend the Maple Ridge Zoning bylaw to prohibit the sale of liquor and wine in grocery stores by adding the following under Part 4, GENERAL REGULATIONS, Section 401(3); g) The sale in or from a grocery store, or in or from a store located in a grocery store, of beer, cider, wine or spirits, or any other product intended for human consumption, that contains more than 1% alcohol by volume, except a product produced primarily for cooking purposes The Acting Corporate Officer advised that correspondence in support of the application was from Mike Olson, Overwaitea Food Group, Save On Foods. The Planner provided a PowerPoint presentation which included the following: • Background • Alternatives and Decision • Location Map • Recommendation Vance Campbell Mr. Campbell read from a prepared statement. On behalf of the BC Wine Institute and the wineries the Institute represents he spoke in opposition to the proposed bylaw. He outlined reasons why the industry he represents supports the sale of BC wines in grocery stores. Mike Olson – Vice President, Overwaitea Food Group Mr. Olsen spoke in opposition to the proposed bylaw and outlined the views of the Overwaitea Food Group as to why the sale of BCVQA wines should be allowed in grocery stores. Harvey Gigun Mr. Gigun spoke against the proposed bylaw. He expressed that public feedback to the Provincial Government indicated support for convenient access to alcohol, particularly in grocery stores and that the implementation of a one km rule will be contrary to this. He asked that Council vote against the proposed bylaw. Mr. Gigun provided his presentation to the Acting Corporate Officer. Public Hearing Minutes September 15, 2015 Page 4 of 6 Brad MacKenzie Mr. MacKenzie spoke in favour of wine in local grocery stores and is opposed to the one km rule proposed in the bylaw. Larisa Waddell Ms. Waddell spoke to the number of liquor stores already found in the community and expressed that she did not feel Maple Ridge required more locations where alcohol can be purchased. She expressed concern with the potential of easy access to liquor in grocery stores and that persons selling liquor in grocery stores will not be educated as to the process of obtaining identification. Jeff Guignard - ABLE BC Mr. Guignard identified ABLE BC as an advocate for the private liquor industry. He did not feel that wine should be represented as an agricultural product and expressed concern over the negative impact on the private liquor industry should grocery stores be allowed to sell wine. He also expressed concern with the sale of wine moving from an age controlled environment to one that is not controlled. He asked that the same restrictions be put in place for grocery stores as those for private and public liquor stores Yvan Charette Mr. Charette identified himself as the operator of the Haney Hotel. He requested that the bylaw proposing a one km rule be imposed in order to create a fair playing field for all. He expressed concern with the negative impact of the sale of wine in grocery stores on his livelihood. He stated that his main concern is having all on an equal playing field and felt that the one km rule will allow for that. He reiterated his request that the bylaw be implemented. Paul Flett Mr. Flett identified himself as the owner of the Foxes Reach Pub and Liquor Store and spoke against the bylaw. He expressed concern that grocery stores will be provided with blanket allowances to sell liquor and do not consider wine a controlled substance. He questioned why the rezoning process is not being used to regulate the proposed sale of wine in grocery stores in that a rezoning request will go through a Public Hearing. Mr. Flett stated that a level playing field is in the best interest of all. Joe Tarnowski Mr. Tarnowski identified himself as an owner of a liquor store in Maple Ridge and spoke in opposition to the bylaw. He outlined his concerns with the shortcomings of the Provincial liquor reform policies and the impact on private liquor stores should grocery stores be allowed to sell wine. He spoke to possible issues with NAFTA and challenges in other countries in which grocery stores are requesting the sale of all alcohol products. He expressed concern with the manner in which Bill 22 licenses were provided by the Liquor Control Board and indicated that he felt this was not a level playing field in that this was done in favour of grocery stores. Public Hearing Minutes September 15, 2015 Page 5 of 6 Cherie Delaney Ms. Delaney is opposed to the bylaw. She expressed the need to keep the sale of alcohol out of grocery stores and that there are already many ways to purchase wine in Maple Ridge. She supports a zoning bylaw amendment to prohibit alcohol sales in all grocery stores. Mike Olson Mr. Olson provided clarification on licenses available and the Bill 22 licenses. Clarence Campbell Mr. Campbell responded to the contention that minors will be able to purchase and steal wine from Save On Food stores. He provided an example of a new store in Surrey and indicated that this store has not had any issues with minors due to the security on site. He outlined controls in place and indicated these will be the same as those for prescription and cigarette sales. Mr. Campbell felt there are differences between sales of alcohol in liquor stores and sales of wine in grocery stores. He also spoke to the questions around licenses, NAFTA and other trade agreements. Paul Flett Mr. Flett echoed his previous statement that this is a zoning issue and should be debated at a Public Hearing. He contended that the store in Surrey has had issues. Larissa Waddell Ms. Waddell expressed that BCVQA wines can already be purchased and that people are knowledgeable about the wines. Joe Tarnowski Mr. Tarnowski expressed his concern with the grandfathering of licenses and Bill 22 licenses. He advised that questions related to the number of licenses available have not been answered by Provincial representatives. Mike MacKenzie Mr, MacKanzie expressed that he is opposed to any government control which tells him where he can buy wine or beer. Yvan Charette Mr. Charette reiterated his request for a level playing field. He stated that in terms of convenience, there are currently liquor stores beside grocery stores in many instances in Maple Ridge. Mr. Charette expressed concern that big business is driving this decision and that without help from local Council, his business is at risk. Brock Rogers Mr. Rogers identified himself as the owner of three liquor stores in town. He spoke in favour of the one km rule. Public Hearing Minutes September 15, 2015 Page 6 of 6 Kimberly McGregor Ms. McGregor expressed concern with the potential ease of access to alcohol in grocery stores. She urged Council to make it difficult for minors to access alcohol. 3.ADJOURNMENT – 8:05 p.m. _______________________________ N. Read, Mayor Certified Correct ___________________________________ D. Denton, Acting Corporate Officer CITY OF MAPLE RIDGE BYLAW NO. 7071-2014 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 City of Maple Ridge, enacts as follows: 1.This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7071-2014." 2.That parcel or tract of land and premises known and described as: Lot 3 Section 28 Township 12 New Westminster District Plan 3007 Except: Reference Plan 15218, Plans 66891, LMP46668, LMP47584, BCP10664, BCP42355, EPP9001, AND EPP23139. and outlined in heavy black line on Map No. 1615 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to R-1 (Residential District), and RS-1b (One Family Urban (Medium Density) 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 22nd day of April, 2014. READ a second time the 14th day of July, 2015. PUBLIC HEARING held the 15th day of September, 2015. READ a third time the day of , 20 ADOPTED the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER 901 133221324323412234 5 5234102340723415 2344 4 2346223417 2348023476 13406 2 3 5 7 5 13350 13366 2 3 5 8 1 2359713343 13371 13340 236052361113376 23658234062341323486 13319 13375 13395 2351313412 13312 2358913319 13339 13367 2362923630236382340813408 13285 23 4 4 7 23 4 3 0 234142341113301 13305 13335 13336/40 13370 2355013327 13373 235572357023574235822358513359 13363 13326 13260 13382 2362313332 13202 13210 23465 23480 2347913360 13400 2354513321 13339 13363 13332 13360 13245 13346 1335623605 236392363523375234162345 623 420 23430 234212346913365 13357 2355113305 13318 13283 13351 23613236212361723629236502364523646 13291 23468 13313 13325 2350013409 13418 13390 13313 13317 13345 13349 13346 13356 13227 13277 132952359313315 13331 13375 13312 13350 23 4 2 523405 23450 23426 2349213309 13355 13380 13309 13331 13353 2 3 5 6 3 13322 13328 13289 13325 13355 13380 236462364023637234182346113345 13385 13350 13335 13341 13367 13336 13340 13215 13335 13347 13379 13320 13332 13336 23643B A L S A M S T . CROSS RD. LARCH AVE.BALSAM ST.236 ST.133 AVE.LARCH AVE.133A AVE.235A ST.235 ST.236 ST.42 26 38 33 32 37 3 6 2 18 25 22 13 15 6 8EPP 2313911 EPP 12189LMP 4340521 17 5 1219 16 P 13167 28 Rem A 4 5 32 9EPP 2313911 23 22 EPP 1248114 4EPP 90017 13 10 4 20 1 36 45 37 24 BCP 10664 34 29 PARK LMP 52145LMP 521454 RP 15218 8 LMP 50571*6 7 14 2 6 4 24 19 26 17 11 EPP 231399 27 21 16 7 6 LMP 5 2 3 3 7 15 23 BCP 315540 1 25 31 27 2 1 31 4 *PP159 Rem 3 33 1 5 35 29 28 20 12 5 8 18 17 13 9 22 24 2 30 31 9 BCP 42355 30 8 7 LMP 47584*2 16 9 24 21 3 10 P 47603 4 19 18 14 23 24 PARK 35 10BCP 10664PARK 3 7 PP X4138 38 4 7 1 8 7 P 3742220 2 12 23 15 LMP 50153 BCP 10664 27 28 P 13167 39 26 29 PARK P 24142 6 17 BCS 577 P 3007 1 3 5 15 P 40978 EPP 12481 6 10 3 3 39 26 30 21EPP 1248116 EPP 1218920 15 5 6 14 41 22 3 P 40978 LMP 52145 LMP 50153 30 P 37422 5 2 4 5 10 8 25 19 1 1 2 22 P 47603 3 16 14 11 EPP 23135EPP 12482EPP 9002RW 66892EPP 23135 EPP 12484EPP 12484EPP 12484 EPP 12484EPP 12483BCP 52028 EPP 9002 EPP 12484 LMP 35465LMP50241 EPP 23135 LMP 35465LMP 52146 EPP 9002 BCP 29630EPP 12483EPP 12482 EPP 12482 L M P 5 2 3 3 9 BCP44421 EPP 12482 E P P 1 2 1 9 0 BCP 29631 LMP 52146EPP 33955´ SCALE 1:2,500 MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From: To: RS-3 (One Family Rural Residential) R-1 (Residential District)RS-1b (One Family Urban (Medium Density) Residential) 7071-20141615 CITY OF MAPLE RIDGE BYLAW NO. 7162 -2015 A Bylaw to prohibit liquor sales in grocery stores ___________________________________________________________ WHEREAS it is deemed expedient to amend Maple Ridge Bylaw No. 3510-1985; NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows: Citation 1.This Bylaw may be cited as “Maple Ridge Zone Amending Bylaw No. 7162-2015.” Amendments 2.Maple Ridge Zoning Bylaw No. 3510-1985 is amended by adding the following under Part 4, GENERAL REGULATIONS, Section 401(3): (g) The sale in or from a grocery store, or in or from a store located in a grocery store, of beer, cider, wine or spirits, or any other product intended for human consumption, that contains more than 1% alcohol by volume, except a product produced primarily for cooking purposes. READ a first time the 31st day of August, 2015. READ a second time the 31st day of August, 2015. PUBLIC HEARING held the 15th day of September, 2015. READ a third time the day of 2015. ADOPTED the day of 2015. PRESIDING MEMBER CORPORATE OFFICER 902 City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: September 29, 2015 and Members of Council FILE NO: 2014-001-RZ FROM: Chief Administrative Officer MEETING: COUNCIL SUBJECT: Final Reading Official Community Plan Amending Bylaw No. 7122-2014 Zone Amending Bylaw No. 7062-2014 23753 and 23771 130 Avenue EXECUTIVE SUMMARY: Bylaws 7122-2014 and 7062-2014 have been considered by Council and at Public Hearing and subsequently were granted third reading. The applicant has requested that final reading be granted. The purpose of the rezoning is to permit subdivision into 19 single family lots not less than 315 m2 (3,390 ft2) in area; and a neighbourhood park. This application received first reading for Zone Amending Bylaw No. 7062-2014 on March 11, 2014. Council granted first and second reading for Official Community Plan Amending Bylaw No. 7122- 2014 and second reading for Zone Amending Bylaw No. 7062-2014 on December 9, 2014. This application was presented at Public Hearing on January 20, 2015, and Council granted third reading on January 27, 2015. RECOMMENDATIONS: That Official Community Plan Amending Bylaw No. 7122-2014 be adopted; and That Zone Amending Bylaw No. 7062-2014 be adopted. DISCUSSION: a)Background Context: Council considered this rezoning application at a Public Hearing held on January 20, 2015. On January 27, 2015, Council granted third reading to Official Community Plan Amending Bylaw No. 7122-2014 and Zone Amending Bylaw No. 7062-2014 with the stipulation that the following conditions be addressed: i.Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of a security, as outlined in the Agreement; ii.Amendment to Official Community Plan Schedule “A”, Chapter 10.3, Part VI, A – Silver Valley, Figure 2 - Land Use Plan, and Figure 4 - Trails / Open Space; iii.Park dedication for neighbourhood park and conservation purposes, including construction of service road/trail; iv. Consolidation of the development site; v.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; vi. Removal of the existing buildings; 903 - 2 - vii. An Engineer’s certification that adequate water quantity for domestic and fire protection purposes can be provided; and viii. A disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks on the subject properties. If so, a Stage 1 Site Investigation Report is required to ensure that the subject property is not a contaminated site. The following applies to the above: 1. A Rezoning Servicing Agreement has been registered at the Land Title Office, and the security amount outlined in the agreement has been provided. 2. The necessary OCP Amending Bylaw and associated schedules will be approved with final reading of Bylaw 7122-2014. 3. A park dedication plan has been registered at the Land Title Office and the required service road/trail has been constructed by the applicant. 4. The two subject properties have been consolidated into one property. 5. A Geotechnical Restrictive Covenant has been registered at the Land Title Office. 6. The existing home will be retained until subdivision approval. Removal of the existing home will be a condition of subdivision approval. 7. An Engineer’s certification from Kerr Wood Leidal Associates Ltd. confirming that there is adequate water quantity for domestic and fire protection purposes has been provided. 8. A disclosure statement confirming that there is no evidence of underground fuel storage tanks has been provided. CONCLUSION: As the applicant has met Council’s conditions, it is recommended that final reading be given to Official Community Plan Amending Bylaw No. 7122-2014 and Zone Amending Bylaw No. 7062- 2014. “Original signed by Amelia Bowden”________________ Prepared by: Amelia Bowden 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 Kelly Swift”_______________________ Concurrence: Kelly Swift Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Official Community Plan Amending Bylaw No. 7122-2014 Appendix C – Zone Amending Bylaw No. 7062-2014 Appendix D – Subdivision Plan City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Jan 10, 2014 FILE:2014-001-RZ BY: PC CORPORATION OFTHE DISTRICT OFMAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTIES ´ Scale: 1:2,000 23753/71 130 AVENUE APPENDIX A CITY OF MAPLE RIDGE BYLAW NO. 7122-2014 A Bylaw to amend the Official Community Plan Bylaw No. 7060-2014 ______________________________________________ WHEREAS Section 882 of the Local Government Act provides that the Council may revise the Official Community Plan; AND WHEREAS it is deemed desirable to amend Schedule "A", Chapter 10.3, Part VI, A – Silver Valley, Figure 2 - Land Use Plan, and Figure 4 - Trails / Open Space NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows: 1.This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending Bylaw No. 7122-2014." 2.Figure 2 - Land Use Plan is hereby amended for those parcels or tracts of land and premises known and described as: Lot 1 Section 28 Township 12 New Westminster District Plan 12420 Lot 2 Section 28 Township 12 New Westminster District Plan 12420 and outlined in heavy black line on Map No. 900, a copy of which is attached hereto and forms part of this Bylaw, is hereby re-designated to Medium Density Residential, Conservation, and Neighbourhood Park. 3.Figure 4 - Trails / Open Space is hereby amended for those parcels or tracts of land and premises known and described as: Lot 1 Section 28 Township 12 New Westminster District Plan 12420 Lot 2 Section 28 Township 12 New Westminster District Plan 12420 and outlined in heavy black line on Map No. 901, a copy of which is attached hereto and forms part of this bylaw, are hereby amended by removing Conservation and Open Space 4. Maple Ridge Official Community Plan Bylaw No.7060-2014 is hereby amended accordingly. READ A FIRST TIME the 9th day of December, 2014. READ A SECOND TIME the 9th day of December, 2014. PUBLIC HEARING HELD the 20th day of January, 2015. READ A THIRD TIME the 27th day of January, 2015. ADOPTED the day of , 20 . _____________________________________ _____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX B 903.1 23788238302364713085 2383113086 238652387923740/237502377113060 238712371713006 13020 13040 2367913055 237332384323859 2388223664/7062375313025 2385023653236892384023861237 ST.FERN C R E S C E N T 130 AVE.129 AVE.238 ST.3 Rem 16 2 53 52 A P 2637 P 12420 P 43375 P 46207 4 5 P 2637 50 P 39085 PARK 33 58 55 B 1 5 P 136341 Rem 3 P 2637 P 16555P 16555W 1/2 15 P 534823 EPP 18791 54 C P 7417 6 EP 13725 44 34 P 6426132 7 A 4 P 7739 P 2637 4 E 1/2 15 *PP158P 64261EPP 21932 31 P 7 3 4 7 P 39085 2 56 3P 64261P 64261P 12420 PARK EPP 18791 35 51 4 57 (P 7417)EP 67619RP 64262EP 78615FERN CRESCENT ´ SCALE 1:2,500 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No. Map No. Purpose:From: To: To Amend Silver Valley Area Plan Figure 2 (Land Use Plan)Low Density Residential, Open Space, Neighbourhood Park,Medium/High Density Residential and ConservationMedium Density Residential Neighbourhood Park 7122-2014900 Urban Area Boundary Urban Area Boundary 23788238302364713085 2383113086 238652387923740/237502377113060 238712371713006 13020 13040 2367913055 237332384323859 2388223664/7062375313025 2385023653236892384023861237 ST.FERN C R E S C E N T 130 AVE.129 AVE.238 ST.3 Rem 16 2 53 52 A P 2637 P 12420 P 43375 P 46207 4 5 P 2637 50 P 39085 PARK 33 58 55 B 1 5 P 136341 Rem 3 P 2637 P 16555P 16555W 1/2 15 P 534823 EPP 18791 54 C P 7417 6 EP 13725 44 34 P 6426132 7 A 4 P 7739 P 2637 4 E 1/2 15 *PP158P 64261EPP 21932 31 P 7 3 4 7 P 39085 2 56 3P 64261P 64261P 12420 PARK EPP 18791 35 51 4 57 (P 7417)EP 67619RP 64262EP 78615FERN CRESCENT ´ SCALE 1:2,500 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No. Map No. Purpose:To Amend Silver Valley Area Plan Figure 4 (Trails/Open Space) as shown: 7122-2014901 Urban Area Boundary Urban Area Boundary To Remove from ConservationTo Remove from Neighbourhood Park To Add to Secondary TrailsTo Remove from Open SpaceTo Add to Neighbourhood Park CITY OF MAPLE RIDGE BYLAW NO. 7062-2014 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 City of Maple Ridge enacts as follows: 1.This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7062-2014." 2.Those parcels or tracts of land and premises known and described as: Lot 1 Section 28 Township 12 New Westminster District Plan 12420 Lot 2 Section 28 Township 12 New Westminster District Plan 12420 and outlined in heavy black line on Map No. 1610 a copy of which is attached hereto and forms part of this Bylaw, are hereby rezoned to R-2 (Urban Residential District) and P-1 (Park and School). 3.Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the 11th day of March, 2014. READ a second time the 9th day of December, 2014. PUBLIC HEARING held the 20th day of January, 2015. READ a third time the 27th day of January, 2015. ADOPTED the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX C 903.2 23788238302364713085 2383113086 238652387923740/237502377113060 238712371713006 13020 13040 2367913055 237332384323859 2388223664/7062375313025 2385023653236892384023861237 ST.FERN C R E S C E N T 130 AVE.129 AVE.238 ST.3 Rem 16 2 53 52 A P 2637 P 12420 P 43375 P 46207 4 5 P 2637 50 P 39085 PARK 33 58 55 B 1 5 P 136341 Rem 3 P 2637 P 16555P 16555W 1/2 15 P 534823 EPP 18791 54 C P 7417 6 EP 13725 44 34 P 6426132 7 A 4 P 7739 P 2637 4 E 1/2 15 *PP158P 64261EPP 21932 31 P 7 3 4 7 P 39085 2 56 3P 64261P 64261P 12420 PARK EPP 18791 35 51 4 57 (P 7417)EP 67619RP 64262EP 78615FERN CRESCENT ´ SCALE 1:2,500 MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From: To: RS-2 (One Family Suburban Residential) R-2 (Urban Residential District)P-1 (Park and School) 7062-20141610 Urban Area Boundary Urban Area Boundary APPENDIX D WHEREAS, pursuant to provisions of the Community Charter, S.B.C., 2003, Chapter 26, a Municipal Council may exempt certain land and improvements from taxation, where, in the opinion of the Municipal Council, the use of the land and improvements qualifies for exemption; AND WHEREAS, the Municipal Council deems it expedient to exempt certain land and improvements; NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows: 1 . This Bylaw shall be cited for all purposes as “Maple Ridge Tax Exemption Bylaw No. 7170-2015”. 2 . 2015 Exempt Assessed Value Estimated 2016 Exemption Estimated 2017 Exemption Estimated 2018 Exemption a)Owned By: Ruskin Community Hall Folio: 94856-0000-8 311,500 4,226 4,360 4,497 Address: 28395 96 Avenue b)Owned By: Girl Guides of Canada Folio: 05322-0300-1 600,500 8,148 8,404 8,669 Address: 26521 Ferguson Avenue c) Owned By: Scout Properties (BC/Yukon) Ltd Folio: 05299-0100-0 1,207,000 16,377 16,892 17,425 Address: 27660 Dewdney Trunk Road d) Portion of Land and Improvements owned by the City of Maple Ridge Leased to: Ridge Meadows Seniors Society Folio: 52700-0001-0 3,701,000 46,971 48,450 49,977 Address: 12148 224 Street e) Owned By: Fraternal Order of Eagles, Maple Ridge Aerie #2831 Folio: 73878-0300-6 564,100 7,654 7,895 8,144 Address: 23461 132 Avenue CITY OF MAPLE RIDGE BYLAW NO. 7170-2015 A Bylaw to exempt from taxation, certain properties within the City of Maple Ridge That in accordance with Section 224(2)(i) of the Community Charter, the following lands and improvements owned or held by an athletic or service club or association and used principally as a public park or recreation ground or for public athletic or recreational purposes be exempt from taxation: 1 of 8 904 3 . 2015 Exempt Assessed Value Estimated 2016 Exemption Estimated 2017 Exemption Estimated 2018 Exemption a)Owned By: City of Maple Ridge Leased to: Maple Ridge Golf Course Ltd. (Public Golf Course) Folio: 21238-1001-1 2,257,600 29,930 30,874 31,846 Address: 20818 Golf Lane 4 . 2015 Exempt Assessed Value Estimated 2016 Exemption Estimated 2017 Exemption Estimated 2018 Exemption a)Owned by: City of Maple Ridge Occupied by: Maple Ridge Search & Rescue Society Folio: 84120-0005-0 581,000 7,374 7,606 7,846 Address: 23598 105 Avenue 5 . 2015 Exempt Assessed Value Estimated 2016 Exemption Estimated 2017 Exemption Estimated 2018 Exemption a)Owned By: City of Maple Ridge Leased to: The Society for the Prevention of Cruelty to Animals Folio: 84292-0257-0 2,667,000 33,848 34,914 36,014 Address: 10235 Jackson Road That in accordance with Section 224(2)(i) of the Community Charter, the following lands and improvements owned or held by an athletic or service club or association and used prinicipally as a public park or recreation ground or for public athletic or recreational purposes be exempt from taxation; and in accordance with Section 225(2)(e) of the Community Charter, the following land and improvements that are eligible golf course property, being land maintained as a golf course be exempt from taxation: That in accordance with Section 224(2)(a) of the Community Charter, the following land and improvements that are owned or held by a chartible, philanthropic, or other not for profit corporaton, and the council considers are used for the same purpose be exempt from taxation: That in accordance with Section 224(2)(d) of the Community Charter, the interest in land and improvements owned by a public or local authority that are being used by a corporation or organization that would be eligible for exemption if the land and improvements were owned by that corporation or organization, shall be exempt from taxation: 2 of 8 b)Owned By: City of Maple Ridge Leased to: Katie's Place Folio: 84292-0100-0 209,400 2,658 2,741 2,828 Address: 10255 Jackson Road c) Owned By: Greater Vancouver Sewerage and Drainage District Leased to: Ridge Meadows Recycling Society Folio: 84112-0001-0 1,390,000 17,641 18,197 18,770 Address: 10092 236 Street d)Owned By: City of Maple Ridge Leased to: Maple Ridge Pitt Meadows Arts Council Folio: 31711-1000-0 11,404,000 144,732 149,291 153,994 Address: 11944 Haney Place e)Owned By: City of Maple Ridge Leased to: Alouette Home Start Society Folio: 42274-0000-4 383,000 1,766 1,822 1,879 Address: 11932 221 Street 6 . 2015 Exempt Assessed Value Estimated 2016 Exemption Estimated 2017 Exemption Estimated 2018 Exemption a)Owned By: Wildwood Fellowship Church Folio: 05071-0100-5 239,600 3,251 3,353 3,459 Address: 10810 272 Street b)Owned By: Pt. Hammond United Church Folio: 10622-0100-0 141,300 1,917 1,978 2,040 Address: 11391 Dartford Street c) Owned By: Christian and Missionary Alliance- Canadian Pacific District Folio: 20804-0401-1 401,400 5,446 5,618 5,795 Address: 20399 Dewdney Trunk Road d) Owned By: St.Paul's Evangelical Lutheran Church of Haney BC Folio: 20861-0100-4 368,100 4,994 5,152 5,314 Address: 12145 Laity Street e)Owned By: St.John the Divine Anglican Church Folio: 20920-0100-1 395,800 5,370 5,539 5,714 Address: 21299 River Road That in accordance with Section 224(2)(f) of the Community Charter, in relation to property that is exempt under section 220(1)(h) [buildings for public worship], the following land and improvements, that have been deemed as necessary to the building set apart for public worship, be exempt from taxation: 3 of 8 f) Owned By: Roman Catholic Archbishop of Vancouver Church Folio: 21140-0400-1 642,000 8,711 8,985 9,268 Address: 20285 Dewdney Trunk Road g) Owned By: Christian Reformed Church of Maple Ridge BC Folio: 21142-3300-3 378,300 5,133 5,294 5,461 Address: 20245 Dewdney Trunk Road h)Owned By: Burnett Fellowship Baptist Church Folio: 21190-0001-0 306,200 4,155 4,285 4,420 Address: 20639 123 Avenue i) Owned By: President of the Lethbridge Stake (Mormon Church) Folio: 21255-0201-X 399,700 5,423 5,594 5,770 Address: 11750 207 Street j) Owned By: Trustees of the Maple Ridge East Congregation of Jehovah's Folio: 21335-2200-2 406,200 5,511 5,685 5,864 Address: 11770 West Street k)Owned By: The Church of the Nazarene Folio: 41990-0000-8 441,053 5,984 6,173 6,367 Address: 21467 Dewdney Trunk Road l)Owned By: High Way Church Folio: 42162-0000-X 491,200 6,665 6,875 7,091 Address: 21746 Lougheed Highway m) Owned By: Trustees of the Congregation of the Haney Presbyterian Church Folio: 42176-0000-8 548,900 7,447 7,682 7,924 Address: 11858 216 Street n) Owned By: Trustees of St. Andrews Congregation of the United Church of Canada Folio: 42249-0100-6 1,762,400 23,912 24,666 25,443 Address: 22165 Dewdney Trunk Road o)Owned By: MR Baptist Church Folio: 42331-0100-1 5,040,700 68,392 70,547 72,769 Address: 22155 Lougheed Highway p) Owned By: Trustees of Webster's Corner United Church Folio: 63029-0100-5 247,600 3,359 3,465 3,574 Address: 25102 Dewdney Trunk Road q)Owned By: Pentecostal Assemblies of Canada Folio: 63163-2300-2 734,000 9,959 10,273 10,596 Address: 11756 232 Street 4 of 8 r) Owned By: Lord Bishop of New Wesminster (St.John Evangelical) Folio: 94720-0001-0 426,600 5,788 5,970 6,159 Address: 27123 River Road s)Owned By: Ruskin Gospel Church Folio: 94803-0100-3 255,600 3,468 3,577 3,690 Address: 28304 96 Avenue t) Owned By: Roman Catholic Archbishop of Vancouver Folio: 52788-0000-8 273,700 3,714 3,831 3,951 Address: 22561 121 Avenue u) Owned By: The BC Conference of the Mennonite Brethren Churches Inc. Folio: 20762-0305-0 3,011,000 40,853 42,140 43,468 Address: 20450 Dewdney Trunk Road v)Owned By: The Parish of St. George, Maple Ridge Folio: 63157-2001-1 336,300 4,563 4,707 4,855 Address: 23500 Dewdney Trunk Road w) Owned By: Generations Christian Fellowship and Colleen Findlay Foundation Folio: 21034-0000-8 894,000 12,130 12,512 12,906 Address: 11601 Laity Street x)Owned By: Apostles of Infinite Love, Canada Folio: 94906-0000-3 216,000 2,931 3,023 3,118 Address: 27289 96 Avenue y)Owned By: Timberline Ranch Folio: 52982-0000-X 24,500 332 343 354 Address: 22351 144 Avenue z) Owned By: Governing Council of the Salvation Army in Canada Folio: 42345-0200-0 365,000 4,952 5,108 5,269 Address: 22188 Lougheed Highway 7 . 2015 Exempt Assessed Value Estimated 2016 Exemption Estimated 2017 Exemption Estimated 2018 Exemption a) Leased By: Maple Ridge Vineyard Christian Fellowship Folio: 31594-0000-1 548,900 5,971 6,158 6,353 Address: 22336 Dewdney Trunk Road That in accordance with Section 224(2)(g) of the Community Charter, land or improvements used or occupied by a religious organization, as tenant or licensee, for the purpose of public worship or for the purposes of a hall that the council considers necessary to land or improvements so used or occupied, be exempt from taxation: 5 of 8 b)Leased By: NorthRidge Church Folio: 63220-0000-0 828,000 10,508 10,839 11,181 Address: 22899 Dewdney Trunk Road 8 . 2015 Exempt Assessed Value Estimated 2016 Exemption Estimated 2017 Exemption Estimated 2018 Exemption a) Owned By: Haney-Pitt Meadows Christian School Association Folio: 20806-0302-0 395,400 5,018 5,176 5,339 Address: 12140 203 Street b)Owned By: Meadowridge School Society Folio: 63414-0003-0 896,000 11,371 11,730 12,099 Address: 12224 240 Street c) Owned By: Roman Catholic Archbishop of Vancouver Folio: 52788-0000-8 258,000 3,274 3,378 3,484 Address: 22561 121 Avenue 9 . 2015 Exempt Assessed Value Estimated 2016 Exemption Estimated 2017 Exemption Estimated 2018 Exemption a)Owned By: City of Maple Ridge Leased to: The Maple Ridge Historical Society (Haney House) Folio: 31790-0000-4 453,000 2,089 2,155 2,223 Address: 11612 224 Street b)Owned By: City of Maple Ridge Leased to: The Maple Ridge Historical Society (Haney Brick Yard Office and Haney Brick Yard House) Folio: 31962-0502-3 533,000 6,765 6,978 7,197 Address: 22520 116 Avenue c)Owned By: City of Maple Ridge Leased to: The Maple Ridge Historical Society (St. Andrew's United Church) Folio: 31428-0000-1 236,000 2,995 3,090 3,187 Address: 22279 116 Avenue That in accordance with Section 224(2)(h) of the Community Charter, in relation to property that is exempt under section 220(1)(l) [private schools], and area of land surrounding the exempt building shall be exempt from taxation: That in accordance with Section 225(2)(b) of the Community Charter the following heritage lands and improvements shall be exempt from taxation: 6 of 8 d)Owned By: City of Maple Ridge Leased to: Fraser Information Society (Old Japanese School House) Folio: 31492-0000-3 298,900 3,793 3,913 4,036 Address: 11739 223 Street e) Owned By: Prince David Temple Society (Masonic Lodge) Folio: 31429-0100-0 453,500 6,153 6,347 6,547 Address: 22272 116 Avenue 10 . 2015 Exempt Assessed Value Estimated 2016 Exemption Estimated 2017 Exemption Estimated 2018 Exemption a) Land and Improvements owned by the City of Maple Ridge, herein called Cam Neely Arena, shall be exempted from 90% of taxation Folio: 84120-0002-0 3,787,200 48,065 49,579 51,141 Address: 23448 105 Avenue b) Land and Improvements owned by the City of Maple Ridge, herein called the Golden Ears Winter Club, shall be exempted from 95% of taxation Folio: 84120-0004-0 2,781,410 35,300 36,412 37,559 Address: 23588 105 Avenue 11 .The exemptions from taxation as herein before noted applies for the year 2016. 12 .The exemptions granted by this bylaw are without prejudice to any claim for entitlement to exemption based on any other provisions of the Community Charter or any other legislation. That in accordance with Section 224(2)(c) of the Community Charter, “land or improvements that the council considers would otherwise qualify for exemption under section 220 [general statutory exemptions] were it not for a secondary use", the council may, by the adoption of a bylaw, determine the proportions of the land and improvements that are to be exempt and taxable; and Section 224(2)(i) of the Community Charter, land or improvements owned or held by an athletic or service club or association and used principally as a public park or recreation ground or for public athletic or recreational purposes, shall be exempt from taxation as by the proportions set in accordance with Section 224(2)(c) of the Community Charter: Included within each of the exemptions 10(a) and 10(b) is a proportionate share (based on the square footage areas of Cam Neely Arena, The Golden Ears Winter Club, and the remainder of the building) of all entrances, lobbies, change rooms, stairs, elevators, hallways, foyers and other common use areas of the lands and improvements 7 of 8 READ a FIRST TIME the 8th day of September, 2015. READ a SECOND TIME the 8th day of September, 2015. READ a THIRD TIME the 8th day of September, 2015. ADOPTED the _________ day of ___________, 2015. PRESIDING MEMBER CORPORATE OFFICER 8 of 8 CITY OF MAPLE RIDGE BYLAW NO. 7174-2015 A Bylaw to amend Maple Ridge Council Procedures Bylaw No. 6472-2007 ______________________________________________________________________________ WHEREAS, it is deemed expedient to amend Maple Ridge Council Procedures Bylaw No. 6472-2007as amended; NOW THEREFORE, the Council of the City of Maple Ridge enacts as follows: 1.This Bylaw may be cited as "Maple Ridge Council Procedure Amending Bylaw No. 7174-2015.” 2.That Maple Ridge Council Procedure Bylaw No. 6472-2007, be amended as follows: a)That Part 9 – Designation of Member to Act in Place of Mayor, be amended by: i)Deleting Section 24 in its entirety and replacing with the following: “24. a) The Mayor must, designate a Councillor to serve as the Acting Mayor, who shall be referred to as the Deputy Mayor, to act in place of the Mayor, when the Mayor is absent, or otherwise unable to act, or when the office of the Mayor is vacant. b)The Deputy Mayor must fulfill the responsibilities of the Mayor in his or her absence. ii)Deleting Section 25 in its entirety and replacing with the following: “25. The Mayor may, at any time, rescind a member’s designation as Deputy Mayor and appoint another Council member to serve as Deputy Mayor” iii)Deleting Section 26 in its entirety and replacing with the following: “26. The Mayor shall preside at Council meetings and if the Mayor is absent, the Acting Mayor is to act in place of the Mayor and shall preside at the meeting, and if both the Mayor and Acting Mayor are absent from a council meeting, the members present must choose a member to preside.” 905 b)That Part 20 – Committee of the Whole, Standing & Select Committees, be amended by: i)Deleting Section 66 in its entirety and replacing with the following: “66. The Mayor is the presiding member of the Committee of the Whole. On or before January 1 of the year, the Mayor will from amongst its members, designate for defined periods of that year, members to serve on a rotating basis as the member responsible for acting as the presiding member.” READ a first time the 14th day of September, 2015 READ a second time the 14th day of September, 2015 READ a third time the 14th day of September, 2015 ADOPTED the day of , 2015 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER City of Maple Ridge COMMITTEE OF THE WHOLE MEETING MINUTES September 14, 2015 1:00 p.m. Council Chamber PRESENT Elected Officials Appointed Staff Mayor N. Read K. Swift, Acting Chief Administrative Officer/General Councillor C. Bell Manager of Community Development, Parks Councillor K. Duncan and Recreation Services Councillor B. Masse F. Quinn, General Manager Public Works and Development Councillor G. Robson Services Councillor T. Shymkiw C. Carter, Director of Planning Councillor C. Speirs D. Denton, Acting Corporate Officer A. Gaunt, Confidential Secretary Other Staff as Required C. Goddard, Manager of Development and Environmental Services D. Hall, Planner 2 M. Baski, Planner 1 A. Kopystynski, Planner 2 D. Pollock, Municipal Engineer R. Rutledge, Manager of Revenue and Collections 1.DELEGATIONS/STAFF PRESENTATIONS 1.1 Overview of the Property Tax Collection Period 2015 •S. Rutledge, Manager of Revenue and Collections The Manager of Revenue and Collections gave a PowerPoint presentation providing an overview of the 2015 property taxation collection peak period. 2.PUBLIC WORKS AND DEVELOPMENT SERVICES Note: The following items have been numbered to correspond with the Council Agenda: 1100 Committee of the Whole Minutes September 14, 2015 Page 2 of 9 1101 2015-213-AL, 25425 and 25465 Hilland Avenue Staff report dated September 14, 2015 recommending that Application 2015- 213-AL involving 2 properties within the Agricultural Land Reserve and requesting subdivision (lot line adjustment) to allow a westerly parcel of the property to access a portion of the easterly property be authorized to proceed to the Agricultural Land Commission. D. Hall, Planner gave a Power Point presentation providing the following information: • Application Information • Subject Map • Official Community Plan Context • Neighbourhood Context • Site Characteristics • Development Proposal • Site Context Map • Subdivision Sketch • Recommendation David Koehn - Applicant Mr. Koehn provided clarification on his request for a lot line adjustment. RECOMMENDATION That the staff report be forwarded to the Council Meeting of September 29, 2015. 1102 2015-200-RZ, 21010 119 Avenue, RS-1 to R-1 Staff report dated September 14, 2015 recommending that Maple Ridge Zone Amending Bylaw No. 7168-2015 to rezone from RS-1 (One Family Urban Residential) to R-1 (Residential District) to permit subdivision into 2 single family residential lots and that the application provide further information required as described on Schedule B of the Development Procedures Bylaw No. 5879-1999, along with the information required for a Subdivision application. The Manager of Development and Environmental Services gave a Power Point presentation providing the following information: • Application Information • Subject Map Committee of the Whole Minutes September 14, 2015 Page 3 of 9 • Neighbourhood Context • Official Community Plan Context • Site Characteristics • Development Proposal RECOMMENDATION That the staff report be forwarded to the Council Meeting of September 29, 2015. 1103 2015-201-RZ, 22830 Nelson Court, R-1 to R-2 Staff report dated September 14, 2015 recommending that Maple Ridge Zone Amending Bylaw No. 7163-2015 to rezone from R-1 (Residential District) to R-2 (Urban Residential District) to permit a subdivision of approximately 25 lots be given first reading and that the applicant provide further information as described on Schedule B and J of the Development Procedures Bylaw No. 5879-1999, along with the information required for a Subdivision application. The Manager of Development and Environmental Services gave a Power Point presentation providing the following information: • Application Information • Subject Map • Neighbourhood Context • Official Community Plan Context • Site Characteristics • Proposed Site Plan • Development Proposal • Proposed Subdivision Plan • Recommendation RECOMMENDATION That the staff report be forwarded to the Council Meeting of September 29, 2015. 1104 2014-019-RZ, 24815 & 24837 Dewdney Trunk Road; 12040 248 Street, RS-1 to C-2 Staff report dated September 14, 2015 recommending that Maple Ridge Official Community Plan Amending Bylaw No. 7171-2015 to designate a portion of property from Estate Suburban Residential to Commercial be given first and second reading and be forwarded to Public Hearing, that second Committee of the Whole Minutes September 14, 2015 Page 4 of 9 reading of Maple Ridge Zone Amending Bylaw No. 7070-2014 be rescinded and that Maple Ridge Zone Amending Bylaw No. 7070-2014 as amended to rezone from RS-1 (One Family Urban Residential) to C-2 (Community Commercial) to permit construction of 2 commercial buildings be given second reading and be forwarded to Public Hearing. The Manager of Development and Environmental Services gave a Power Point presentation providing the following information: • Application Information • Subject Map • Official Community Plan Context • Neighbourhood Context • Site Characteristics • Development Proposal The Manager of Community Services provided further information on the basis for the new designation and resulting Official Community Plan text changes and amendments. The Manager of Development and Environmental Services continued with the PowerPoint presentation providing the following information: • Development Site Rendering • Proposed Site Plan • Building Elevation Plans • Landscape Plan • Recommendations RECOMMENDATION That the staff report be forwarded to the Council Meeting of September 29, 2015. 1105 2014-054-RZ, 23627 and 23598 Dogwood Avenue, Addendum to Second Reading Report dated July 28, 2015 Staff report dated September 14, 2015 recommending that the “Addendum to Second Reading Report” dated September 14, 2015 providing updated information on Application No. 2014-054-RZ and including a revised subdivision layout be received for information. Committee of the Whole Minutes September 14, 2015 Page 5 of 9 The Manager of Development and Environmental Services advised that this item was deferred until final reading of the tree management bylaw. He advised that the applicant expressed concern over the decision to defer the item and decided to modify their proposal by reducing the number of lots from 14 to 12. He gave a Power Point presentation providing the following information: • Development Proposal • Application History • Revised Subdivision Plan • Recommendation David Laird – Applicant Representative Mr. Laird provided clarification on issues raised at Public Hearing particularly around the protection of trees on the site. RECOMMENDATION That the staff report be forwarded to the Council Meeting of September 29, 2015. 1106 2012-034-RZ, 12101 208 Street, First One Year Extension Staff report dated September 14, 2015 recommending that a one year extension be granted for rezoning application 2012-034-RZ to permit 8 townhouse units under the RM-1 (Townhouse Residential) zone. RECOMMENDATION That the staff report be forwarded to the Council Meeting of September 29, 2015. 1107 2013-080-RZ, 24086 104 Avenue, First One Year Extension Staff report dated September 14, 2015 recommending that a one year extension be granted for rezoning application 2013-080-RZ to permit 18 townhouse units under the RM-1 (Townhouse Residential) zone. RECOMMENDATION That the staff report be forwarded to the Council Meeting of September 29, 2015. Committee of the Whole Minutes September 14, 2015 Page 6 of 9 1108 2015-041-DVP, 20070 113B Avenue Staff report dated September 14, 2015 recommending that the Corporate Officer be authorized to sign and seal 2015-041-DVP to allow for an increase in maximum retaining wall height, a reduction in the exterior side yard setbacks and a reduction in the minimum landscape strip along the front and exterior side lot lines. M. Baski, Planner, gave a Power Point presentation providing the following information: • Application Information • Subject Map • Neighbourhood Context • Official Community Plan Context • Site Characteristics • Development Proposal • Proposed Retaining Wall Height Variance • Proposed Side Yard Variance • Proposed Landscape Strip Variance She provided clarification on access to the property. Ken Fawcett – Applicant Representative Mr. Fawcett advised on access in and out of the property. RECOMMENDATION That the staff report be forwarded to the Council Meeting of September 29, 2015. 1109 2015-041-DP, 20070 113B Avenue Staff report dated September 14, 2015 recommending that the Corporate Officer be authorized to sign and seal 2015-041-DP to permit a two-storey industrial office building under the M-3 (Business Park) zone for a freight- broker business, with a small amount of warehouse space. RECOMMENDATION That the staff report be forwarded to the Council Meeting of September 29, 2015. Committee of the Whole Minutes September 14, 2015 Page 7 of 9 1110 2015-081-DVP, 22464 Lougheed Highway Staff report dated September 14, 2015 recommending that the Corporate Officer be authorized to sign and seal 2015-081-DVP to allow for a reduction in the minimum height requirement of a new commercial building from three storeys to one storey. The Manager of Development and Environmental Services provided clarification on the reduction in the minimum height requirement of the building. RECOMMENDATION That the staff report be forwarded to the Council Meeting of September 29, 2015. Councillor Robson - OPPOSED 1111 2015-081-DP, 22464 Lougheed Highway Staff report dated September 14, 2015 recommending that the Corporate Officer be authorized to sign and seal 2015-061-DP to permit construction of a commercial building under the C-3 (Town Centre Commercial) zone. The Manager of Development and Environmental Services gave a Power Point presentation providing the following information: • Application Information • Subject Map • Official Community Plan Context • Neighbourhood Context • Site Characteristics • Development Proposal • Proposed Site Plan Note: Councillor Robson left the meeting at 2:10 p.m. RECOMMENDATION That the staff report be forwarded to the Council Meeting of September 29, 2015. Committee of the Whole Minutes September 14, 2015 Page 8 of 9 1112 2015-043-DP, 20159 115A Avenue, Industrial Development Permit Staff report dated September 14, 2015 recommending that the Corporate Officer be authorized to sign and seal 2015-043-DP to permit construction of a single-storey industrial building under the M-3 (Business Park) zone. RECOMMENDATION That the staff report be forwarded to the Council Meeting of September 29, 2015. Note: Councillor Robson returned to the meeting at 2:12 p.m. 1113 Excess Capacity/Extended Services Agreement LC 157/14, 24371 112 Avenue Staff report dated September 14, 2015 recommending that the Corporate Officer be authorized to sign and seal Excess Capacity Latecomer Agreement LC 157/14. The Municipal Engineer provided clarification on latecomer agreements. He gave a PowerPoint presentation providing information on the following: • Direct Benefit • Albion Area Plan – example as template moving forward • Current Latecomer process RECOMMENDATION That the staff report be forwarded to the Council Meeting of September 29, 2015. 1114 Maple Ridge Subdivision and Development Servicing Amending Bylaw No. 7093-2014 Staff report dated September 14, 2015 recommending that Maple Ridge Subdivision and Development Servicing Amending Bylaw No. 7093-2014 to update engineering practices and regulations be given first, second and third readings. RECOMMENDATION That the staff report be forwarded to the Council Meeting of September 29, 2015. Committee of the Whole Minutes September 14, 2015 Page 9 of 9 3. FINANCIAL AND CORPORATE SERVICES (including Fire and Police) 1131 City-Owned Town Centre Lands – Purchase and Sale Agreement Staff report dated September 14, 2015 recommending that staff be directed to complete a Purchase and Sale Agreement between the City of Maple Ridge and Falcon Homes Ltd. for the City’s 3.04 acre Town Centre Lands and that the Corporate Officer be authorized to execute the agreement. RECOMMENDATION That the staff report be forwarded to the Council Meeting of September 29, 2015. 1132 Disbursements for the month ended August 31, 2015 Staff report dated September 14, 2015 recommending that the disbursements for the month ended August 31, 2015 be received for information. RECOMMENDATION That the staff report be forwarded to the Council Meeting of September 29, 2015. 4. COMMUNITY DEVELOPMENT AND RECREATION SERVICES - Nil 5. CORRESPONDENCE – Nil 6. OTHER ISSUES – Nil 7. ADJOURNMENT – 2:14 p.m. 8. COMMUNITY FORUM – Nil ___________________________________ K. Duncan, Acting Mayor Presiding Member of the Committee City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: September 14, 2015 and Members of Council FILE NO: 2015-213-AL FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Application for subdivision / lot line adjustment in the Agricultural Land Reserve 25425 and 25465 Hilland Avenue EXECUTIVE SUMMARY: An application has been received under Section 21 (2) of the Agricultural Land Commission Act for subdivision (lot line adjustment) involving 2 properties, of approximately 1.21 hectares (3.0 acres) and 2.37 hectares (6 acres). Both parcels are within the Agricultural Land Reserve. No new parcels will be created with this proposal. The Applicant’s submission conforms with the application requirements of the Agricultural Land Commission. The reason for this request is for the westerly parcel (25425 Hilland Ave.) to be able to access a portion of the easterly property (25465 Hilland Ave.) that is currently isolated due to topography. RECOMMENDATION: That application 2015-213-AL be authorized to proceed to the Agricultural Land Commission. DISCUSSION: a)Background Context: Applicant: David C Koehn Owner: David C Koehn, Julia E Koehn Legal Description: Lot: 24, Section: 23, Township: 12, Plan: NWP42322 OCP : Existing: Agricultural Proposed: No Change Zoning: Existing: RS-3 (One Family Rural Residential) Proposed: No Change Surrounding Uses North: Use: Farm Use Zone: RS-3 (One Family Rural Residential) Designation Agricultural South: Use: 2 properties, Rural Residential and Congregate Care Zone: RS-3 One Family Rural Residential and P-2 Institutional Designation: Agricultural 1101 - 2 - East: Use: Rural Residential Zone: RS-3 (One Family Rural Residential) Designation: Agricultural West: Use: Rural Residential Zone: RS-3 (One Family Rural Residential) Designation: Agricultural Existing Use of Property: Hobby Farming Proposed Use of Property: no change Site Area: 2.37 hectares (6 acres) Access: Hilland Avenue Servicing: Community water, septic b)Project Description: This application proposes an eastward lot line adjustment of two properties in the vicinity of Hilland Avenue and 252nd Street. Currently, the property furthest west (25425 Hilland Ave.) has a site area of 2.4 hectares (5.9 acres) and the eastern property (25465 Hilland Ave.) comprises a site area of 1.21 hectares (3.0 acres). Should this lot line adjustment be approved, the resulting properties would be 2.6 hectares (6.3 acres) on the west side, and 1.0 hectares (2.5 acres) on the east side. No additional parcel would be created, and the resulting parcels will comply with the requirements of the RS-3 (One Family Rural Residential) Zone where community water is provided. This application is for the approval of the Agricultural Land Commission. If approved, the property owners will have to proceed with a formal application for subdivision (lot line adjustment) through the City of Maple Ridge. c)Planning Analysis: Official Community Plan Development applications within the Agricultural Land Reserve are guided by the Official Community Plan. While lot line adjustments are not specifically referred to within the agricultural policies of the Official Community Plan, they are considered to be a form of subdivision. Policy 6-12 states the following about subdivision on agricultural land: Maple Ridge will protect the productivity of its agricultural land by: … d)discouraging the subdivision of agricultural land into smaller parcels, except where positive benefits to agriculture can be demonstrated. … Agricultural Plan The Agricultural Plan notes challenges with farming smaller agricultural properties and recommends retention of lots 2 acres or larger in the Agricultural Land Reserve. Research provided by the Ministry of Agriculture in their most recent inventory work validates this concern1. Conclusions drawn from this region wide information have been summarized by Metro Vancouver, as follows: 1 Maple Ridge was a project partner for the Ministry of Agriculture inventory work in 2011 - 3 - Evidence exists that small parcels are less likely to be farmed and therefore further subdivision of parcels in the ALR is not warranted and will only encourage more non-farm use of ALR land. Currently 75% of the parcels less than 2 ha (5 acres) are not farmed. The average size of parcels not used for farming is 3 ha (7.4 acres), while the average size of parcels used for farming is 7 ha (17 acres).2 Based on Ministry data, the table below demonstrates the connection between parcel size and farming activity. Figure 1 Source: Metro Vancouver, Farming in Metro Vancouver, Metro Facts in Focus | Policy Backgrounder, 2014 This application proposes to take lot area from a small property to make another parcel larger. In light of data provided by the Ministry of Agriculture, the creation of a larger and a smaller lot appears to increase agricultural potential more than equalizing the lot area of both lots would. In addition, due to existing slopes on the subject properties, the proposed lot line adjustment may make an isolated portion of the eastern subject property accessible to the western property. On this basis, this application is supportable. d)Intergovernmental Issues: Agricultural Land Commission. As no additional parcels are proposed to be created, the applicants initially sought to clarify whether provisions in Part 5 of the Agricultural Land Reserve Use, Subdivision And Procedure Regulation, would apply. This section outlines conditions under which the Approving Officer could permit a lot line adjustment without first requiring the approval of the Agricultural Land Commission. 2 Metro Vancouver, Farming in Metro Vancouver, Metro Facts in Focus | Policy Backgrounder, 2014 - 4 - These conditions are listed below: No more than 4 parcels involved in the development proposal, with minimum parcel sizes of 1 hectare (2.5 acres), and; o no increase in the number of parcels; o improved agricultural potential with adjusted lot lines (as determined by the approving officer); o no resulting parcel to be less than 1 ha; Upon further investigation of the subject properties, the approving officer was not able to establish reasonable justification that such a lot line shift would improve the agricultural capability of the subject properties. It should be noted that the applicant has diverse small scale agriculture on his property, but does not at present have assessed farm status. Without a defensible rationale, the Approving Officer could not approve an application for subdivision without the application first proceeding to the Agricultural Land Commission. For this reason, the property owner is required to apply first to the Commission. e)Interdepartmental Implications: Should this application to the Agricultural Land Commission be successful, the applicants will have to proceed with an application for subdivision examination / lot line adjustment, where it will be referred to the Engineering Department for their consideration. Demonstration of adequate capability for on-site sewage disposal, and water, (as well as watercourse protection) will be a requirement prior to allowing the lot line adjustment to be completed. However, for the purpose of this application, the lot geometry is supportable contingent upon demonstration of adequate site servicing capacity (septic disposal systems) for each lot. f)Environmental Implications: A watercourse traverses the site, and there are steep slopes on both sites. These features will require survey and groundtruthing by a qualified professional. In addition, they will need to be protected from development by restrictive covenants registered on title. This will be addressed by the Approving Officer at the subdivision stage. g)Alternatives: As with other applications to the Agricultural Land Commission, Council has the option to deny forwarding this application. Should Council choose this option, the application will be considered denied. CONCLUSION: As no additional properties are proposed to be created, and the resulting new parcels will comply with the requirements of the RS-3 One Family Rural Residential Zone, it is recommended that this application be permitted to proceed to the Agricultural Land Commission. It should also be noted that the agricultural potential of this property may be enhanced with the lot line adjustment. Due to the location of steep slopes, the existing property lines effectively isolate a portion of the eastern property. This lot line adjustment may make this portion more accessible for farming. In addition, - 5 - based on regional research on the topic, there appears to be some justification to create a larger parcel from a smaller parcel in order to maximize agricultural potential. “Original signed by Chuck Goddard” for _______________________________________________ Prepared by: Diana Hall, MA, (Planning) MCIP, RPP Planner 2 “Original signed by Christine Carter” _____________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Christine Carter” for _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services “Original signed by Kelly Swift” _______________________________________________ Concurrence: Kelly Swift Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Ortho Map Appendix C – Slope Analysis Appendix D – Subdivision Sketch prepared by Applicant. DATE: Aug 28, 2015 2015-213-AL BY: JV PLANNING DEPARTMENT SUBJECT PROPERTIES ´ Scale: 1:2,500 25425/25465 Hilland Ave 2011 Image Legend \\Wetlands GPS Creek Centrelines Streams & Rivers (Topographic) Feature Type Indefinite Creek Centreline Ditch Centreline River Centreline Rivers & Lakes (Topographic) Feature Type Canal Flooded Land Lake/Reservoir Marsh River APPENDIX A DATE: Aug 28, 2015 2015-213-AL BY: JV PLANNING DEPARTMENT SUBJECT PROPERTIES City of Maple Ridge´ Scale: 1:2,534 25425/25465 Hilland Ave 2011 Image Legend \\Wetlands GPS Creek Centrelines Streams & Rivers (Topographic) Feature Type Indefinite Creek Centreline Ditch Centreline River Centreline Rivers & Lakes (Topographic) Feature Type Canal Flooded Land Lake/Reservoir Marsh River APPENDIX B DATE: Sep 8, 2015 FILE: Untitled BY: RS PLANNING DEPARTMENT 8381 87 79 87 79 8187 8383828486 88 828688 888488 8 2848585 80 80 80 City of Maple Ridge The City of Maple Ridge makes no guarantee regarding the accuracy or present status of the information shown on this map.´ Scale: 1:907 25425 Hilland Ave. Site Context Map Legend !(Ponds \\Wetlands Rivers & Lakes (Topographic) Flooded Land Marsh 26 - 30 Canal Lake/Reservoir River Slope (2014 LiDAR) 30+ APPENDIX C APPENDIX D City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: September 14, 2015 and Members of Council FILE NO: 2015-200-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: First Reading Maple Ridge Zone Amending Bylaw No. 7168-2015 21010 119 Avenue EXECUTIVE SUMMARY: An application has been received to rezone the subject property located at 21010 119 Avenue, from RS-1 (One Family Urban Residential) to R-1 (Residential District), to permit future subdivision into 2 (two) single family residential lots. To proceed further with this application additional information is required as outlined below. RECOMMENDATIONS: That Zone Amending Bylaw No. 7168-2015 be given first reading; and That the applicant provides further information required as described on Schedule B of the Development Procedures Bylaw No. 5879-1999, along with the information required for a Subdivision application. DISCUSSION: a)Background Context: Applicant: Kambiz Parvizi Owner: Kambiz Parvizi Legal Description: D.L. 249, Plan LMP24454 OCP: Urban Residential Zoning: Existing: RS-1 (One Family Urban Residential) Proposed: R-1 (Residential District) Surrounding Uses: North: Use: Single Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Urban Residential South: Use: Single Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Urban Residential 1102 - 2 - East: Use: Single Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Urban Residential West: Use: Single Family Residential Zone: CS-3 (Recreation Commercial) Designation: Urban Residential Site Area: 0.101 HA. (0.25 acres) Access: currently 119 Ave, proposed 210 Street Servicing requirement: Urban Standard b)Site Characteristics: The subject property is approximately 0.25 acres (1,010 m2) in size and is bound by single family residential properties to the north, east and south, and a recreation/commercial property to the west (Ridge Meadows Inn & Trailer Park). There are no known streams or slopes on the property. A single family home is located on the property, which is proposed to be demolished as a condition of rezoning. c)Project Description: The current application proposes to rezone the subject property from RS-1 (One Family Urban Residential) to R-1 (Residential District), to permit future subdivision into 2 (two) single family residential lots. The existing single family home on the property would encroach significantly into the required rear yard setback of the proposed R-1 lots, and thus will be demolished. Access will be off of 210 Street. At this time the current application has been assessed to determine its compliance with the Official Community Plan (OCP) and provide a land use assessment only. Detailed review and comments will need to be made once full application packages have been received. A more detailed analysis and a further report will be required prior to second reading. Such assessment may impact proposed lot boundaries and yields, OCP designations and Bylaw particulars, and may require application for further development permits. d)Planning Analysis: Official Community Plan (OCP): The subject property is designated Urban Residential in the OCP, and is subject to the Major Corridor infill policies as stated in chapter 3.1.4. These policies require that development be compatible with the surrounding neighbourhood, with particular attention given to site design, setbacks and lot configuration; respecting and reinforcing the existing pattern and characteristics of established neighbourhoods in the area. The proposed rezoning to R-1 (Residential District) is in conformance with the Urban Residential designation and infill policies. - 3 - Zoning Bylaw: The current application proposes to rezone the property located at 21010 119 Avenue from RS-1 (One Family Urban Residential) to R-1 (Residential District) to permit future subdivision into 2 (two) single family residential lots. The minimum lot size for the current RS-1 (One Family Urban Residential) zone is 668m2. The minimum lot size for the proposed R-1 (Residential District) zone is 371 m2 with the actual proposed lots being significantly larger at 502 m2 each (See Appendix D). The subject property is 1,010m2 and meets the lot area and dimensions of both zones. Any variations from the requirements of the proposed zone will require a Development Variance Permit application. e)Interdepartmental Implications: In order to advance the current application, after first reading, comments and input, will be sought from the various internal departments and external agencies listed below: a)Engineering Department; b)Building Department; c)Operations Department; d)School District; e)Ministry of Transportation and Infrastructure; and f)Canada Post. The above list is intended to be indicative only and it may become necessary, as the application progresses, to liaise with agencies and/or departments not listed above. This application has not been forwarded to the Engineering Department for comments at this time; therefore, an evaluation of servicing requirements has not been undertaken. For instance, road dedication on 119 Avenue could be required. This evaluation will take place between first and second reading. f)Development Applications: In order for this application to proceed the following information must be provided, as required by Development Procedures Bylaw No. 5879–1999 as amended: 1.A complete Rezoning Application; and 2.A complete Subdivision Application. The above list is intended to be indicative only, other applications may be necessary as the assessment of the proposal progresses. - 4 - CONCLUSION: The development proposal is in compliance with the OCP, therefore, it is recommended that Council grant first reading subject to additional information being provided and assessed prior to second reading. The proposed layout has not been reviewed in relation to the relevant bylaws and regulations governing subdivision applications. Any subdivision layout provided is strictly preliminary and must be approved by the City of Maple Ridge’s Approving Officer. “Original signed by Therese Melser” _______________________________________________ Prepared by: Therese Melser Planning Technician “Original signed by Christine Carter” _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Christine Carter” for _______________________________________________ Approved by: Frank Quinn, MBA, P. Eng GM: Public Works & Development Services “Original signed by Kelly Swift” _______________________________________________ Concurrence: Kelly Swift Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Ortho Map Appendix C - Zone Amending Bylaw No. 7168-2015 Appendix D – Proposed Subdivision Plan City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Jul 6, 20152015-200-RZ BY: JV PLANNING DEPARTMENT210421186020994 210492093220940 21077209692 0 9 3 8 210692106411999 2101020941 2094621033210182100121071210182102711955 21028210192108121039209452104320966210462096120979210082093511990 21022209632102811991 11950 210052106621074210142105720958210022105420943 210302098020944 2105921034210172095111981 210472093811951 2102511875 21054SUBJECT PROPERTY 119 Ave 210 StLougheed Hwy ´ Scale: 1:1,500 21010-119 Ave APPENDIX A DATE: Jul 6, 2015 2015-200-RZ BY: JV PLANNING DEPARTMENT SUBJECT PROPERTY 119 Ave 210 StLougheed Hwy City of Maple Ridge´ Scale: 1:1,500 21010-119 AveLegend \\Wetlands GPS Creek Centrelines Streams & Rivers (Topographic) Feature Type Indefinite Creek Centreline Ditch Centreline River Centreline Rivers & Lakes (Topographic) Feature Type Canal Flooded Land Lake/Reservoir Marsh River 2011 Photography APPENDIX B CITY OF MAPLE RIDGE BYLAW NO. 7168-2015 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 City of Maple Ridge enacts as follows: 1.This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7168-2015." 2.That parcel or tract of land and premises known and described as: Parcel 1 District Lot 249 Group 1 New Westminster District Plan LMP24454 and outlined in heavy black line on Map No. 1643 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to R-1 (Residential District). 3.Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the day of , 20 READ a second time the day of , 20 PUBLIC HEARING held the day of , 20 READ a third time the day of , 20 APPROVED by the Ministry of Transportation and Infrastructure this day of , 20 ADOPTED, the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX C 209142093020927209352094420944 2095820960209762096611998 2102821033210582092120930209452094620969209862100221014210302101821005210272103921057210922109620926209212093720938210282101721049210662106920925209352093120941 20963209942097911991 11999 21054210742108621081210862109320918209282093211955 11860 210522111820922209362 0 9 3 8 11981 2101021008210182102221025210812103021077210872092020940 209512098011875 11951 11990 21001210082104821034210462106821054210722105921080210712109820917209242094320938 209502096111950 210192104321047210422106421076210 ST.LOUGHEED HIGHWAY COOK AVE.210 ST.PL.210 ST.ROSEWOOD 73 Pcl. 103 P 58243 59 92 94 186223 226 LMP 24454292 LMP 24088 268 P 59887 373 239 297 4 Rem A 376 1 P 58243 P 66450 72 71 P 58243 E 90 89 P 44780NWS 3406P 11423P 44780277 P 47687 374 266 2 P 58243 37 58 70 61 53 F P 25337 21 P 43748290 A 276P 45659 293 371 238 296 282 RP 9592 P 44780 74 49 D P 47543 51 69 93 229 227 LMP 18841 271 232 237 278 372 P 62587 1 280 P 66487 300 244 P 8794 57 56 67 62 68 P 58243P 58981 Pcl. 1 274 231 3 P 44780 265 E 85' P 19850 P 63287 LMS 1289 1P 44780275 269P 44780 235 P 45659 P 44780 281 507 P 45659 267 242 298 508 65 55 50 95 P 58981 96 LMP 11054 222 Rem 3230 228 225Rem 224234 291 233 P 447802 295 240 P 75992 301 Rem NWS 355 P 5824366 54 60 91 LMS 2494221 1 Rem P 44780236 294 LMS 3869 279 241 P 44780 243 299 P 48175 RW 34023RW 58245 EP 58496 LMP 24089 LTO T86328 RW 58244 RW 44781RW 15888 COOK AVE. 119 AVE. ´ SCALE 1:2,000 MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From: To: RS-1 (One Family Urban Residential) R-1 (Residential District) 7168-20151643 APPENDIX D City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: September 14, 2015 and Members of Council FILE NO: 2015-201-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: First Reading Maple Ridge Zone Amending Bylaw No. 7163-2015 22830 Nelson Court EXECUTIVE SUMMARY: An application has been received to rezone a portion of the subject property from R-1 (Residential District) to R-2 (Urban Residential District) (Appendix A) to permit approximately 12 lots. This property was part of an earlier rezoning application, and will result in an increase of 2 lots from the previous subdivision proposal. To proceed further with this application additional information is required as outlined below. RECOMMENDATIONS: That Zone Amending Bylaw No. 7163-2015 be given first reading; and That the applicant provide further information as described on Schedule B and J of the Development Procedures Bylaw No. 5879–1999, along with the information required for a Subdivision application. DISCUSSION: a)Background Context: Applicant: Damax Consultants Ltd Owner: Insignia Homes Silvervalley 2 Ltd Legal Description: Lot A, Section 29, Township 12, NWD Plan EPP27906 except Plans EPP39985, EPP32166 and EPP52568 OCP: Existing: Eco Clusters Zoning: Existing: R-1 (Residential District) Proposed: R-2 (Urban Residential District), R-1 (Residential District) Surrounding Uses: North: Use: Neighbourhood Park (Nelson) Zone: P-1 (Park and School) Designation: Neighbourhood Park South: Use: Park Zone: RS-3 (Rural Residential Designation: Conservation 1103 - 2 - East: Use: Park, Single Family Residential Zone: RS-3 (Rural Residential, R-1 (Residential District) Designation: Conservation, Eco-Clusters West: Use: Park, Vacant Zone: RS-3 (Rural Residential Designation: Conservation Existing Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential Site Area: 1.4 hectares (3.46 acres) Access: Nelson Court Servicing requirement: Urban Standard b)Site Characteristics: The subject property at 22830 Nelson Court (Appendix A) is 1.4 ha (3.46 acres) in size and is the third phase of the Nelson Peak eco-cluster development in Silver Valley by Portrait Homes that was originally 9.9 ha in size. It is located at the end of the Nelson Court cul-de-sac to the west of Nelson Peak Drive and south of 136 Street. The site is almost completely surrounded by park land that was dedicated at the rezoning stage for the overall Nelson Peak project (Appendix B). The subdivision plan has just recently been approved and construction is expected to start soon. A neighbourhood park site is located at the end of the cul-de-sac which will be developed by the Parks department in the future. c)Project Description: Rezoning application 2015-201-RZ has been received to rezone a portion of the subject property from R-1 (Residential District) to R-2 (Urban Residential District) (Appendix C). The Nelson Peak site is an eco-clusters development that received final zoning approval on April 8, 2014 with three single family zones (R-1, R-3, and RS-1b), the street townhouse zone (RST), and P-1 for the neighbourhood park. The site is being developed in three subdivision phases, with construction of the second phase to start soon. The developer has found that the larger homes on larger lots are not as desirable to purchasers and has requested that a portion of the third phase of the development be rezoned to R-2 (Urban Residential District) to provide smaller more saleable homes. The area to be rezoned will result in the addition of two lots to the third phase subdivision plan, as shown on Appendix D. At this time the current application has been assessed to determine its compliance with the Official Community Plan (OCP) and provide a land use assessment only. Detailed review and comments will need to be made once full application packages have been received. A more detailed analysis and a further report will be required prior to Second Reading. Such assessment may impact proposed lot boundaries and yields, OCP designations and Bylaw particulars, and may require application for further development permits. d)Planning Analysis: Official Community Plan: The development site is designated Eco-Clusters within the Blaney Hamlet of the Silver Valley Area Plan. The proposed rezoning is consistent with the OCP designation. With the original rezoning application for this site (RZ/013/10) all areas required for the protection of watercourses and steep - 3 - slopes were designated as Conservation and were dedicated as Park. This application will n ot change the boundaries of the park areas. The overall density for the Nelson Peaks subdivision is 8.4 units per gross hectare. This is well within the area plans’ target densities for eco -cluster of 5 – 15 units per hectare. Zoning Bylaw: The current application proposes to rezone a portion of the property located at 22830 Nelson Court from R-1 (Residential District) to R-2 (Urban Residential District) to permit approximately 12 lots in the portion to be rezoned to R-2 (Urban Residential District). This is an increase of 2 lots from the previous subdivision proposal. The remaining land within this application will retain the R-1 (Residential District) zone. If approved, a total of 25 lots are proposed. (Appendix D) The minimum lot size for the current R-1 zone is 371m2, and the minimum lot size for the proposed R-2 zone is 315m2. Any variations from the requirements of the proposed zone will require a Development Variance Permit application. Development Permits: Pursuant to Section 8.12 of the OCP, a Wildfire Development Permit application is required for all development and subdivision activity identified in wildfire risk areas. The purpose of the Wildfire Development Permit is for the protection of life and property in designated areas that could be at risk for wildland fire; and where this risk may be reasonably abated through implementation of appropriate precautionary measures. The subject property is located within the Wildfire Development Permit Area, identified on Map 1 in Section 8.12 of the Official Community Plan. Prior to second reading a Registered Professional Forester’s Report will be required to determine wildfire mitigation requirements. Advisory Design Panel: A Form and Character Development Permit is not required because this is a single family project, therefore this application does not need to be reviewed by the Advisory Design Panel. Development Information Meeting: A Development Information Meeting is not required for this application because not more than 25 lots are proposed, and the land use is consistent with the OCP designation. e) Interdepartmental Implications: In order to advance the current application, after First Reading, comments and input, will be sought from the various internal departments and external agencies listed below: a) Engineering Department; b) Operations Department; c) Fire Department; d) Canada Post; e) School District. The above list is intended to be indicative only and it may become necessary, as the application progresses, to liaise with agencies and/or departments not listed above. - 4 - This application has not been forwarded to the Engineering Department for comments at this time; therefore, an evaluation of servicing requirements has not been undertaken. We anticipate that this evaluation will take place between First and Second Reading. f)Development Applications: In order for this application to proceed the following information must be provided, as required by Development Procedures Bylaw No. 5879–1999 as amended: 1.A complete Rezoning Application (Schedule B); 2.A Wildfire Development Permit Application (Schedule J); 3.A Subdivision Application. The above list is intended to be indicative only, other applications may be necessary as the assessment of the proposal progresses. CONCLUSION: The development proposal is in compliance with the OCP, therefore, it is recommended that Council grant first reading, subject to additional information being provided and assessed prior to second reading. The proposed layout has not been reviewed in relation to the relevant bylaws and regulations governing subdivision applications. Any subdivision layout provided is strictly preliminary and must be approved by the City of Maple Ridge’s Approving Officer. “Original signed by Chuck Goddard” for _______________________________________________ Prepared by: Ann Edwards, CPT Senior Planning Technician “Original signed by Christine Carter” _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Christine Carter” _______________________________________________ Approved by: Frank Quinn, MBA, P. Eng GM: Public Works & Development Services “Original signed by Kelly Swift” _______________________________________________ Concurrence: Kelly Swift Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – 2011 Ortho Map Appendix C – Zone Amending Bylaw No. 7163-2015 Appendix D – Proposed Subdivision Plan DATE: Aug 28, 2015 FILE: 2015-201-RZ BY: PC PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:2,500 22830 NELSON COURTLegend !(Ponds \\Wetlands GPS Creek Centrelines Streams & Rivers (Topographic) Feature Type Indefinite Creek Centreline Ditch Centreline River Centreline Rivers & Lakes (Topographic) Feature Type Lake/Reservoir APPENDIX A City of PittMeadows District of Langley District of MissionFRASER R. ^ DATE: Aug 28, 2015 FILE: 2015-201-RZ BY: PC PLANNING DEPARTMENT SUBJECT PROPERTY City of Maple Ridge´ Scale: 1:2,500 22830 NELSON COURT (2011 photography) APPENDIX B CITY OF MAPLE RIDGE BYLAW NO. 7163-2015 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 City of Maple Ridge enacts as follows: 1.This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7163-2015." 2.That parcel or tract of land and premises known and described as: Lot A Section 29 Township 12 New Westminster District Plan EPP27906 Except Plans EPP39985 EPP32166 and EPP52568 and outlined in heavy black line on Map No. 1642 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to R-2 (Urban Residential District). 3.Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the day of , 20 READ a second time the day of , 20 PUBLIC HEARING held the day of , 20 READ a third time the day of , 20 ADOPTED, the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX C 13603 228301356022870 135422295213557 13569 1355622996 13525 13579229761359022972228161359313517 135861358813550 13566 2291013573 1350313585 2297513572 13613 2282813533 13541 1354613537 13582229781 3 4 6 8 13602 13556 2296222960 13485 13495 2296922982229902298113608 22808228221357513501 13509 1357622902 2293013563 13531 13475 1357813612 13604 13601 13585135821353613580135302291813545 22956 1351922802228361358113589228501357022966 13511 13525 2296613465 13562 13568227B ST.229 LOOP136 AVE.NELSON PEAK DR . 4 3EPP 32166 45 EPP 3216610 14 20 26 29 28 78 62 BCP 27885 BCP 49303 1 BCP 4730517 Rem A 9 15 EPP 32166 33 21 19 18 BCP 48906 14 36 25 23 19 60BCP 51504 11 PARK 4 7 PARK 17 13 32 Rem A 18 27 73 1 5 8 PARK PARK 22 23 25 35 22 12 2 2 6 EPP 27906 12 30 27 16 15 PARK 64 3 EPP 39985 EPP 39985 BCP 27885 EPP 3216624 34 17 BCP 4930375 74 63 28 72 59 10 9 1 11 16 31 79 77 EPP 32166 61 26 58 9 16 Rem A 24 20 21 13BCP 49303 65 29 E P P 3 3 3 6 7 BCP 48909BCP 47309 BCP 27887 BCP 51506BCP 47311EPP 33367EPP 3 3 3 6 6BCP 47311 EPP 39564 EPP 35484BCP 51506BCP 47312EPP 35219 EPP 35197E P P 3 4 9 6 1BCP 47313EPP 37737 E P P 3 8 9 7 3 B C P 4 9 3 0 5 BCP 4 9 3 0 6 EPP 27908 EPP 34960136 AVE. ´ SCALE 1:2,500 MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From: To: R-1 (Residential District) R-2 (Urban Residential District) 7163-20151642 - 1 - City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: September 14, 2015 and Members of Council FILE NO: 2014-019-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: First and Second Reading Official Community Plan Amending Bylaw No. 7171-2015 Second Reading Zone Amending Bylaw No. 7070-2014 24815 & 24837 Dewdney Trunk Road; 12040 248 Street EXECUTIVE SUMMARY: An application has been received to rezone the subject property, located at 24815 Dewdney Trunk Road, from RS-1 (One Family Urban Residential) to C-2 (Community Commercial), to permit the construction of two commercial buildings with six (6) ground level commercial units and two (2) rental residential units on a second floor (see Appendix F). The applicant has recently purchased the adjacent property to the east, located at 24837 Dewdney Trunk Road, and will be including approximately 130 m² of the western portion of the additional property into the commercial development to improve its functionality. Council granted first reading to Zone Amending Bylaw No. 7070-2014 and Official Community Plan (OCP) Bylaw No. 7086-2014 on May 27, 2014 and second reading to Zone Amending Bylaw No. 7070-2014 and OCP Bylaw No. 7086-2014 on July 28, 2015. The addition of the western 130 m² portion of 24837 Dewdney Trunk Road will require that second reading to Zone Amending Bylaw No. 7070-2014 be rescinded, amended and granted second reading to rezone the subject properties from RS-1 (One Family Urban Residential) to C-2 (Community Commercial). A new OCP Amending Bylaw No. 7171-2015 will be required for the land use designation change to the portion of the property located at 24837 Dewdney Trunk Road from Estate Suburban Residential to Commercial, as outlined in the ‘Recommendation’ section. No changes are required to the existing OCP Amending Bylaw No. 7086-2014 (see Appendix D). Summary of Bylaw changes: Zone Amending Bylaw No. 7070-2014: rescind second reading and amend to include 130 m² of the western portion of 24837 Dewdney Trunk Road; New OCP Amending Bylaw No. 7171-2015: first and second reading; and Existing OCP Amending Bylaw No. 7086-2014: no changes. The minimum lot size for the current RS-1 (One Family Urban Residential) zone is 668 m2. Note that Zone Amending Bylaw No. 7070-2014 has been amended since it received first reading on May 27, 2014 to exclude the property located at 12040 248 Street from the current application to the C-2 (Community Commercial) zone. The Commercial and Industrial Strategy prepared by GP Rollo and Associates discusses commercial nodes located in various locations of the City. Through a development enquiry on the subject site, GP Rollo and Associates was asked to prepare a comparison on the viability of a commercial node at 248 Street and Dewdney Trunk Road and the impacts it may have on the historic commercial node 1104 - 2 - located at 256 Street and Dewdney Trunk Road in Webster’s Corner. That addendum to the Commercial and Industrial Strategy was presented to Council in September 2013, and indicates that a commercial node at 248 Street and Dewdney Trunk Road would be viable based on its location and inclusion in the Greater Vancouver Fraser Sewer Area. The addendum has been included as an attachment to this report as Appendix J. The creation of a new Village Commercial category in the OCP will provide a greater level of commercial opportunities in key locations within the City. The intent of the Village Commercial category is to serve as an intermediary scale between the Community Commercial Nodes and Neighbourhood Commercial Centres, incorporating limited components of each category. RECOMMENDATIONS: 1) That, in accordance with Section 879 of the Local Government Act, opportunity for early and on-going consultation has been provided by way of posting Official Community Plan Amending Bylaw No. 7171-2015 on the municipal website, and Council considers it unnecessary to provide any further consultation opportunities, except by way of holding a Public Hearing on the bylaw; 2) That Official Community Plan Amending Bylaw No. 7171-2015 be considered in conjunction with the Capital Expenditure Plan and Waste Management Plan; 3) That it be confirmed that Official Community Plan Amending Bylaw No. 7171-2015 is consistent with the Capital Expenditure Plan and Waste Management Plan; 4) That Maple Ridge Official Community Plan Amending Bylaw No. 7171-2015 be given first and second reading and be forwarded to Public Hearing, along with companion Official Community Plan Amending Bylaw No. 7086-2014; 5) That second reading to Maple Ridge Zone Amending Bylaw No. 7070-2014 be rescinded, amended and granted second reading as identified in the staff report dated July 20, 2015 and September 14, 2015, and be forwarded to Public Hearing; 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) Road dedication as required; iii) Consolidation of the subject properties; iv) Registration of a Reciprocal Cross Access Easement Agreement with 12040 248 Street; v) Registration of a Restrictive Covenant for protecting of the required Residential and Visitor Parking; vi) Registration of a Restrictive Covenant for Stormwater Management; vii) Registration of a Housing Agreement in accordance with Section 905 of the Local Government Act and a Restrictive Covenant stating that the second floor of Building 2 will be restricted to residential rental unit use only; and - 3 - viii) In addition to the site profile, a disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks on the subject property. If so, a Stage 1 Site Investigation Report is required to ensure that the subject property is not a contaminated site. DISCUSSION: 1) Background Context: Applicant: Rudy Di Giovanni Owner: 0981077 BC Ltd. Legal Description: Lot 22 Section 23 Township 12 NWD Plan 15267 Lot 21 Section 23 Township 12 NWD Plan 15267 OCP: Existing: Commercial (Neighbourhood), Estate Suburban Residential Proposed: Commercial - with the creation of a new Village Commercial category Zoning: Existing: RS-1 (One Family Urban Residential) Proposed: C-2 (Community Commercial) Surrounding Uses: North: Use: Office (Albion FC) Zone: CS-1 (Service Commercial) Designation: Commercial South: Use: Single-Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Estate Suburban Residential East: Use: Single-Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Estate Suburban Residential West: Use: High School (Garibaldi Secondary) Zone: P-1 (Park and School) Designation: Institutional Existing Use of Property: Vacant Proposed Use of Property: Commercial Site Area: Rezoning: 0.208 ha (0.51 acres) OCP: 0.378 ha (0.93 acres) Access: 248 Street; Dewdney Trunk Road Servicing: Urban 2) Background: The current application is proposing to rezone the subject property, located at 24815 Dewdney Trunk Road, from RS-1 (One Family Urban Residential) to C-2 (Community Commercial) to permit the construction of two commercial buildings with six (6) commercial units on the ground floor and two - 4 - (2) rental residential units on a second floor. The applicant has recently purchased the property directly east, located at 24837 Dewdney Trunk Road , and will be rezoning approximately 130 m² of the western portion of the property from RS-1 (One Family Urban Residential) to C-2 (Community Commercial), an area equivalent to 3.05 m (10 ft.) X 43 m (140 ft.). The remaining portion of 24837 will retain the existing house and keep its designation of Estate Suburban Residential, as well as, the existing zoning of RS-1 (One Family Urban Residential). At a later date the owner intends to rezone the lot north of the subject properties, located at 12040 248 Street, from CS-1 (Service Commercial) to C-2 (Community Commercial) to align zones with the southern lot. The application at first reading included both properties located at 12040 248 Street and 24815 Dewdney Trunk Road to be rezoned; however, now the lot at 24815 Dewdney Trunk Road and 130m² of 24837 Dewdney Trunk Road will proceed to C-2 (Community Commercial) at this time. It is the applicant’s intention to assess the needs of the surrounding area with the current application and then develop the northern lot based on future needs. The OCP amendment to the proposed Village Commercial however, will establish a new Village Commercial node that will include both the southern and northern properties. 3) Project Description: Form and Character: The proposed development will contain two commercial buildings with a total of six (6) commercial units on the ground floor and two (2) rental residential units on a second floor. Proposed Building 1 is a single storey structure that will contain one commercial unit. The total area of Building 1 is approximately 180 m² (1,936 ft²), which the applicant is intending to lease to a food tenant. Building 2 will consist of five commercial units on the ground floor and two rental residential units above on the second floor. A housing agreement will be put in place to keep the residential units as rental space only and a Restrictive Covenant will be registered on title for residential parking. The floor space for the commercial component of Building 2 is approximately 473 m² (5,094 ft²) and the floor space of the two residential units on the second floor combined is approximately 247 m² (2,656 ft²). Building materials will consist of hardie board painted in the traditional colours of yellow, red, blue and green. A charcoal metal roof will be used for both buildings; goose-neck lighting to accentuate signage; black framed aluminum cased windows; and black metal awnings covering the outer windows. Circulation and Parking: Access to the subject property is proposed from 248 Street, as well as a second proposed access in the form of a right-in-only, westbound, from Dewdney Trunk Road. The required amount of parking for the development site is 24 stalls, however, 38 stalls are being provided, including 2 for the residential units, 2 small car, 1 for persons with disabilities and 1 designated for a loading bay. Part of the property to the north will be used as additional parking with access to this site provided through a Cross Access Easement Agreement (see Appendix F). Pedestrian connectivity is provided throughout the development via raised stamped concrete crossings and various access points from both frontages. Landscaping: Landscaping will occur along the two property frontages of Dewdney Trunk Road and 248 Street. The existing cedar trees will remain along the eastern property boundary, along with additional cedar hedges and a cedar fence to separate the neighbouring properties. An outdoor patio is proposed on Building 1, along with a cedar pergola. Outdoor amenity space with land scaping and bench seating is to be located on the interior portion of the development, in order to deter students from the schools congregating in front of proposed Building 1 (see Appendix H). - 5 - 4) Planning Analysis: i) Official Community Plan: The development site is located at the intersection of Dewdney Trunk Road and 248 Street and is outside of the Urban Area Boundary identified on Schedule “B” of the Official Community Plan. The current commercial classification for this location is Neighb ourhood Commercial, as outlined in Section 6.3.6 of the Official Community Plan (Bylaw No. 7060- 2014). The current land use designation of the western portion of 24837 Dewdney Trunk Road is Estate Suburban Residential, to be re-designated to Commercial. A new commercial category of ‘Village Commercial’ is being proposed through this development application, supported by the recommendations of the Commercial and Industrial Strategy. GP Rollo and Associates were asked to evaluate the viability of an expansion to the Neighbourhood Commercial Node at the intersection of Dewdney Trunk Road and 248 Street, including the impact it could have on the Historic Commercial Node of Webster’s Corners located at Dewdney Trunk Road and 256 Street. The addendum to the Strategy was presented to Council in September 2013, and indicates that a Commercial Node at 248 Street and Dewdney Trunk Road would be viable based on:  its strategic location in east Maple Ridge to capture increased commercial demand as the population grows; and  its inclusion in the Greater Vancouver Fraser Sewer Area. The addendum to the Strategy has been included in Appendix J to this report. Proposed Village Commercial Policies Issues:  Population growth in east Maple Ridge and in existing developed areas has created a need for Village Commercial Nodes outside of the Urban Area Boundary.  Village Commercial Nodes are comprised of commercial developments that typically serve more than one neighbourhood and provide a range of daily convenience shopping and limited community retail opportunities. Commercial space within the Village Commercial Node is typically less than 2,400m2 (25,833 ft2) in area.  Property designated commercial at 248 Street and Dewdney Trunk Road is within the Metro Vancouver Fraser Sewer Area and for that reason is suitable for Village Commercial development. Objective:  To facilitate Village Commercial Nodes at key locations throughout the City which provide a mix of daily convenience shopping and limited community retail opportunities. - 6 - Policies:  Maple Ridge will encourage the development of Village Commercial Nodes that serve a variety of daily convenience and commercial shopping needs within close proximity to established and/or emerging neighbourhoods.  The Village Commercial Node is located outside the Urban Area Boundary but is within the Metro Vancouver Fraser Sewer Area. Similar properties located at other key intersections may also be suitable for Village Commercial development.  The establishment of Village Commercial Nodes will serve as an intermediary scale between the Community Commercial and Neighbourhood Commercial nodes that incorporates limited components of each category. As such, they are typically less than 2,400m2 (25,833 ft2) in area.  Commercial developments proposed as part of a Village Commercial Node will be considered subject to satisfying Zoning Bylaw and Parking Bylaw requirements, site access, traffic, must be designed to be compatible with the surrounding area and will be evaluated against the following: o adherence to additional design criteria as detailed in the Section 8 Development Permit Area Guidelines section of the Official Community Plan; o commercial building(s) along the street frontage in the Village Commercial Nodes will typically fall within 25 m of the intersection; o the ability of the existing infrastructure to support the new development. In addition to the new Commercial category, a number of other amendments to the OCP are required as part of the OCP Amending Bylaw No. 7086 -2014 in order to align the ‘Village Commercial Node’ policies within the overall commercial framework. These changes include:  Adding ‘Village Commercial Node’ in Section 6.3.1 policy 6-22 as a permitted commercial area outside of the Urban Area Boundary;  Adding ‘Village Commercial Node’ in Section 6.3.2 Commercial Designations as item ‘c)’ following Community Commercial Node;  Deleting the following sentence from the Issues section of the Neighbourhood Commercial Centres: ‘Property designated at 248th Street and Dewdney Trunk Road is within the Metro Vancouver Fraser Sewer Area and for that reason is suitable for neighbourhood commercial development.’; and  Adding ‘Village Commercial Node’ to Appendix D, Figure 2 at the intersection of 248th Street and Dewdney Trunk Road. Metro Vancouver Regional Growth Strategy: Rural Rural areas are intended to protect the existing character of rural communities, landscapes and environmental qualities. Land uses include low density residential development, small scale commercial, industrial, and institutional uses, and agricultural uses that do not require the provision of urban services such as sewer or transit. Rural areas are not intended as future urban development areas, and generally will not have access to regional sewer services. - 7 -  The subject properties are currently designated Rural in the Metro Vancouver Regional Growth Strategy, which allows for small scale commercial uses. This area is also within the Fraser Sewer Area. No changes are required to the Metro Vancouver Regional Growth Strategy. ii) Zoning Bylaw: The current application proposes to rezone the properties, located at 24815 Dewdney Trunk Road and a portion of 24837 Dewdney Trunk Road, from RS-1 (One Family Urban Residential) to C-2 (Community Commercial) to permit the construction of two commercial buildings with six (6) commercial units at ground level and two (2) residential units on a second floor. The proposed development would align with the proposed new ‘Village Commercial Node’ category that recommends a maximum of 2,400 m2 (25,833 ft2) of commercial floor space be permitted in this location. The applicant has requested a variance to increase the height of the buildings to enable the two rental residential units on the second floor, and to reduce the exterior and rear setback requirements. It is important to note that Zone Amending Bylaw No. 7070-2014 has been amended since it received first reading on May 27, 2014 to exclude the property located at 12040 248 Street from the current application to the C-2 (Community Commercial) zone. The applicant has also requested to add a 130 m² portion of 24837 Dewdney Trunk Road into the commercial development. iii) Proposed Variances: A Development Variance Permit application has been received for this project and involves the following relaxations:  Maple Ridge Zoning Bylaw No. 3510-1985, Part 7, Section 702, Community Commercial, 6 a: To increase the maximum building height from 7.5 metres (25 ft.) to 10.4 metres (34 ft.).  Maple Ridge Zoning Bylaw No. 3510-1985, Part 7, Section 702, Community Commercial, 7 b: To reduce the minimum rear yard setback from 6 metres (20 ft.) to 1.7 metres (6 ft.).  Maple Ridge Zoning Bylaw No. 3510-1985, Part 7, Section 702, Community Commercial, 7 c: To reduce the minimum exterior yard setback from 3 metres (10 ft.) to 1.9 metres (6 ft.). The requested variances to the C-2 (Community Commercial) zone will be the subject of a future Council report. iv) Development Permits: Pursuant to Section 8.5 of the Official Community Plan, a Commercial Development Permit application is required to address the current proposal’s compatibility with adjacent development, and to enhance the unique character of the community in accordance with the following key 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; - 8 - 2. Encourage a pedestrian scale through providing outdoor amenities, minimizing the visual impact of parking areas, creating landmarks and visual interest along street fronts; 3. Promote sustainable development with multimodal transportation circulation, and low impact building design; 4. Respect the need for private areas in mixed use development and adjacent residential areas; and 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. v) Advisory Design Panel: The Advisory Design Panel reviewed the form and character of the proposed commercial development and the landscaping plans at a meeting held June 9, 2015. The ADP concerns have been addressed and are reflected in the current plans. The Advisory Design Panel resolution and responses from the project architect are included as Appendix I. vi) Development Information Meeting: A Development Information Meeting was held at Blue Mountain Elementary on July 6, 2015. Four people attended the meeting. A summary of the main comments and discussions with the attendees was provided by the applicant and include the following main points:  Concern about garbage from the development being deposited on Smith Street by local students.  Concern of traffic noise coming in and out of the development and the location of entrance into the site.  Concern that the pedestrian crossing at 248 Street and Smith Avenue is going to be relocated to the south side of the intersection from the existing north side.  Concern about site improvements and drainage. The following are provided in response to the issues raised by the public:  Site maintenance would be done on a regular basis, and would exten d to cover the street.  Noise from traffic and parking lot will be buffered, as well as existing traffic noise will be further reduced by the location of the proposed buildings along the east property line (current development) and north property line (future development). Commercial entrance is proposed off 248 Street, and not Smith Ave.  Having the sidewalk on the north side of the intersection allows it to line up with the sidewalk. One local resident had petitioned the City 20 years ago to have it changed to its current location.  Street upgrades, including sidewalks will be provided on all frontages. Stormwater Management is required for the site, and drainage will be directed south. - 9 - 5) Interdepartmental Implications: Engineering Department: The Engineering Department has determined that upgrades are required for curb and gutter, road widening on all frontages, possible sanitary sewer and water service upgrades, sidewalks on all frontages, existing drainage ditches to be eliminated, and street lighting and street trees required. A Traffic Impact Study has been submitted by Creative Transportation Solutions Ltd. (CTS). The Engineering Department has provided feedback on the report, and is working with the applicant and CTS to determine the feasibility of traffic patterns and access to the development site. 6) School District No. 42 Comments: The School District has noted that the subject properties fall within the Blue Mountain Elementary and Garibaldi Secondary school catchments. For the 2014-15 school year, Blue Mountain Elementary is at 65% utilization. In terms of secondary school enrollment capacity, for the 2014- 2015 school year, the student enrolment at Garibaldi Secondary is at 63% utilization, including 290 out-of-catchment students. Therefore, there is available elementary and secondary school capacity for the proposed development. 7) Intergovernmental Issues: Local Government Act: An amendment to the OCP requires the local government to consult with any affected parties and to adopt related bylaws in compliance with the procedures outlined in Section 882 of the Local Government Act. The amendment required for this application, the creation of a new Village Commercial category, was discussed as part of the preparation of the Commercial and Industrial Strategy. It has been determined that no additional consultation beyond existing procedures is required, including referrals to the Board of the Regional District, the Council of an adjacent municipality, First Nations, the School District or agencies of the Federal and Provincial Governments. The amendment has been reviewed with the Financial Plan/Capital Plan and the Waste Management Plan of the Greater Vancouver Regional District and determined to have no impact. 8) Citizen Implications: A Development Information Meeting was held on July 6, 2015. The results of the concerns expressed at that meeting are discussed above. The Public Hearing will provide an additional venue for citizens to express their concern or support of the development. CONCLUSION: The subject application will permit construction of six commercial units and two rental residential units in two buildings. The applicant has requested that an additional 130 m² of the western portion of 24837 Dewdney Trunk Road be included in the commercial development. A new commercial land use type is proposed for the intersection of 248 Street and Dewdney Trunk Road. The creation of a new Village Commercial category in the OCP will provide a greater level of commercial opportunities in key locations within the City. The intent of the Village Commercial category is to serve as an - 10 - intermediary scale between the Community Commercial Nodes and Neighbourhood Commercial Centres, incorporating limited components of each category. It is recommended that first and second reading be given to OCP Amending Bylaw No. 7171 -2015, that second reading be rescinded and amended for Zone Amending Bylaw No. 7070-2014 to include the portion of 24837 Dewdney Trunk Road, and that application 2014-019-RZ be forwarded to Public Hearing. “Original signed by Adam Rieu” _______________________________________________ Co-Prepared by: Adam Rieu Planning Technician “Original signed by Jim Charlebois” _______________________________________________ Co-Prepared by: Jim Charlebois, MURP, RPP, MCIP Manager of Community Planning “Original signed by Christine Carter” _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Christine Carter” for _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services “Original signed by Kelly Swift” _______________________________________________ Concurrence: Kelly Swift Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – 2011 Ortho Map Appendix C – OCP Amending Bylaw No. 7171-2015 Appendix D – OCP Amending Bylaw No. 7086-2014 Appendix E – Zone Amending Bylaw No. 7070-2014 Appendix F – Site Plan Appendix G – Building Elevation Plans Appendix H – Landscape Plan Appendix I – Advisory Design Panel Comments and Responses Appendix J – Potential for Community Serving Commercial at 248 and Dewdney Trunk Road, GP Rollo and Associates, August 19, 2013 City of PittMeadows District of Langley District of MissionFRASER R. ^ DATE: Sep 3, 2015 FILE: 2014-019-RZ BY: PC PLANNING DEPARTMENT 2 4 8 A S T .248 ST.248 ST.SMITH AVE.249 ST.238341196124789 12071 119551195424865119 4 3 12067 2487312098 2488312104 119 3 1 11919 12082 24815247962486511981 24850120821194024821248512487024893119262488824852248352484012 0 7 5 12076 12072 12040 2483712062 2489612068 2486011953 11966 2487712 0 8 5 24883´ Scale: 1:1,500 24815, 24837 DEWDNEY TRUNK &12040 248 STREET DEWDNEY TRUNK RD SUBJECT PROPERTIES 248 STAPPENDIX A City of PittMeadows District of Langley District of MissionFRASER R. ^ DATE: Sep 3, 2015 FILE: 2014-019-RZ BY: PC PLANNING DEPARTMENT 2 4 8 A S T .248 ST.248 ST.SMITH AVE.249 ST.2383411961 12071 24789119542486512067 2487312098 11955119 4 3 119 3 1 2488311919 12104 12082 11981 24815247961208224865248502482124851248931194024888248522487011926248352484012072 12040 12 0 7 5 2483712076 12068 248602488311953 12062 248962487711966 12 0 8 5 City of Maple Ridge´ Scale: 1:1,500 24815, 24837 DEWDNEY TRUNK &12040 248 STREET(2011 IMAGERY) DEWDNEY TRUNK RD SUBJECT PROPERTIES 248 STAPPENDIX B CITY OF MAPLE RIDGE BYLAW NO. 7171-2015 A Bylaw to amend the Official Community Plan Bylaw No. 7060-2014 _______________________________________________________________________________ WHEREAS Section 882 of the Local Government Act provides that the Council may revise the Official Community Plan; AND WHEREAS it is deemed expedient to amend Schedule "B" to the Official Community Plan; NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows: 1.This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending Bylaw No. 7171-2015." 2.That parcel or tract of land and premises known and described as: Lot 21 Section 23 Township 12 New Westminster District Plan15267 and outlined in heavy black line on Map No. 915, a copy of which is attached hereto and forms part of this Bylaw, is hereby redesignated to Commercial. 3.Maple Ridge Official Community Plan Bylaw No. 7060-2014 is hereby amended accordingly. READ A FIRST TIME the day of , 20 . READ A SECOND TIME the day of , 20 . PUBLIC HEARING HELD the day of , 20 . READ A THIRD TIME the day of , 20 . ADOPTED, the day of , 20 . ______________________________ ______________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX C 11961 12067 11953 248132482524849248401195411945 11981 248811192624789119662481524865 24873248701204024821 248522485024883248832479612062 23834119 4 3 119 3 12486524860 1195511916 2483724835248372485111919 2488824861248732487711940248A S T .248 ST.249 ST.3 1 47 20 25 10 27 3 P 23760P 152673 17 N 120' 30P 71405 5 33 19 28 4 46 29 22 23 LMP 842724 9 31 34 P 29467 P 240392 of 1P 6316 P 15267 2 P 71405 17 21 35 26 1 1 4 28 P 714058 32 18 EP 71406 EP 73318RW 22043 EP 71406 DEWDNEY TRUNK RD. ´ SCALE 1:1,500 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No. Map No. From: To: Estate Suburban Residential Commercial 7171-2015915 CITY OF MAPLE RIDGE BYLAW NO. 7086-2014 A Bylaw to amend the Official Community Plan Bylaw No. 7060-2014 _______________________________________ WHEREAS Section 882 of the Local Government Act provides that the Council may revise the Official Community Plan; AND WHEREAS it is deemed desirable to amend Schedule "A" to the Official Community Plan; NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows: 1.This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending Bylaw No. 7086-2014. 2.That Chapter 6 Employment Section 6.3.1 policy 6-22 is amended by adding ‘Village Commercial Node’ preceding ‘Rural Commercial’. 3.That Chapter 6 Employment Section 6.3.2 Commercial Designations is amended by adding ‘c) Village Commercial Node’ following b) Community Commercial Node and renumbering the remainder of the list accordingly. 4.That Chapter 6 Employment is amended by adding the following as Section 6.3.6 and renumbering the remainder of the Sections and policies accordingly: ‘6.3.6 Village Commercial Node Issues: Population growth in east Maple Ridge and in existing developed areas may create a need for Village Commercial Nodes outside of the Urban Area Boundary. Village Commercial Nodes are comprised of commercial developments that typically serve more than one neighbourhood and provide a range of daily convenience shopping and limited community retail opportunities. Commercial space within the Village Commercial Node is typically less than 2,400m2 (25,833 ft2) in area. Properties designated Commercial at the intersection of 248 Street and Dewdney Trunk Road is within the Metro Vancouver Fraser Sewer Area and for that reason is suitable for village commercial development. APPENDIX D Objective:  To facilitate Village Commercial Nodes at key locations throughout the City to provide a mix of daily convenience shopping and limited community retail opportunities. Policies: 6-30 Maple Ridge will encourage the development of Village Commercial Nodes that serve a variety of daily convenience and commercial shopping needs within close proximity to established and/or emerging neighbourhoods. 6-31 The Village Commercial Node is located outside the Urban Area Boundary but is within the Metro Vancouver Fraser Sewer Area. Similar properties located at other key intersections may also be suitable for village commercial development. 6-32 The establishment of Village Commercial Nodes will serve as an intermediary scale between the Community Commercial Nodes and Neighbourhood Commercial Centres and incorporates limited components of each category. As such, they are typically less than 2,400m2 (25,833 ft2) in area. 6-33 Commercial developments proposed as part of a Village Commercial Node will be considered subject to satisfying Zoning Bylaw and Parking Bylaw requirements, site access, traffic, must be designed to be compatible with the surrounding area and will be evaluated against the following: i. adherence to additional design criteria as detailed in the Section 8 Development Permit Area Guidelines section of the Official Community Plan; ii. commercial building(s) along the street frontage, within 25 m of the intersection; iii. the ability of the existing infrastructure to support the new development.’ 5. That the following sentence be deleted from the Issues section of the Neighbourhood Commercial Centres: ‘Property designated Commercial at 248 Street and Dewdney Trunk Road is within the Metro Vancouver Fraser Sewer Area and for that reason is suitable for neighbourhood commercial development.’ 6. That Appendix E (in the OCP) Figure 2 ‘Community Commercial, Village Commercial and Historic Commercial Centres’ is amended by deleting, in its entirety, and replacing it with Map 1 attached hereto and forming part of the Bylaw . 7. Maple Ridge Official Community Plan Bylaw No.7060-2014 as amended is hereby amended accordingly. READ A FIRST TIME the 27th day of May, 2014. READ A SECOND TIME the 28th day of July, 2015. PUBLIC HEARING HELD the day of , 20 . READ A THIRD TIME the day of , 20 . ADOPTED the day of , 20 . ___________________________________ _____________________________ PRESIDING MEMBER CORPORATE OFFICER ´JULY 14, 2015 Figure 2.COMMUNITY COMMERCIAL NODES, VILLAGE COMMERCIAL NODES AND HISTORIC COMMERCIAL CENTRESCORPORATION OFTHE DISTRICT OFPLANNING DEPARTMENTCity ofPitt MeadowsDistrict of MissionFras er RiverWhonnockWhonnockCrDEWDNEY TRUNK RD240 ST248 ST252 ST256 ST112 AVE104 AVE124 AVE100 AVE102 AVEGRANT AVE256 ST272 ST276 ST280 ST104 AVE108 AVE96 AVE264 ST112 AVEMCNUTT RD264 ST124 AVE128 AVE128 AVE130 AVEALOUETTE RD132 AVE136 AVE132 AVE216 STABERNETHY WAY232 STCEDAR WAYPARK LANELOUGHEED HWY216 STLakeKanakaCreekN o r t h AlouetteRiverA lo uetteRiver116 AVE277 STBELL AVE268 STFERGUSONAVE116 AVEMARC RD224 STLAITY ST110 AVE144 AVECOMMUNITY COMMERCIAL NODES (SUBJECT TO SECTION 6.3.5)Adopted Feb 11, 2014Bylaw No. 7060-2014MAPLE RIDGE^_^_^_^_^_^_^_^_!(!(!(!(HISTORIC COMMERCIAL CENTRES (SUBJECT TO SECTION 6.3.8) URBAN AREA BOUNDARYNot To Scale")VILLAGE COMMERCIAL NODES (SUBJECT TO SECTION 6.3.6)") CITY OF MAPLE RIDGE BYLAW NO. 7070-2014 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 City of Maple Ridge enacts as follows: 1.This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7070-2014." 2.That parcel or tract of land and premises known and described as: Lot 22 Section 23 Township 12 New Westminster District Plan 15267 Lot 21 Section 23 Township 12 New Westminster District Plan 15267 and outlined in heavy black line on Map No. 1614 a copy of which is attached hereto and forms part of this Bylaw, are hereby rezoned to C-2 (Community Commercial). 3.Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the 27th day of May, 2014. READ a second time the 28th day of July, 2015. RESCINDED, amended and read a second time the day of , 20 . PUBLIC HEARING held the day of , 20 READ a third time the day of , 20 ADOPTED, the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX E 2471011961 11929 12104 12067 11888 11955 1196524920 1207324915 2494711953 2481312082 24825248492484024836119542489724910249021189524907 249301196024926120612467924750 11945 11981 248082488424881248662487811926 2488811950 249442478911966 2481512071 24865248732487011880 1189424877 2492712069 1204024821 24820248142481912 0 7 5 24852248501208212076 248722488324883248872489511885 2493224625247961206224805 23834119 4 3 119 3 1248652486024854 248631195511916 24893248981197524907 249222494012072 12098 248372483512 0 8 5 248482483724835248602485111919 24888249092491612079 11970 11937 2482624827248612484612068 2487324877119402489624910249212491224940CRAWFORD ST.249A ST.2 4 8 A S T . SMITH AVE.248 ST.248 ST.119 AVE. 121 AVE. 119 AVE.249 ST.249A ST.249A ST.3 1 47 20 20 LMP 8427 20 25 10 4 27 2 P 7140516 P 71554 LMP 1245213A 4 50 3 P 23760P 152673 17 8 11 18 17 14 12 33 P 6316 3 6 N 120' 30P 71405 5 7 P 7140518 33 19 LMP 1245211 1 3 32 P 15267 3 4 9 8 4 7 28 4 46 48 29 22 23 LMP 84276 24 9 16 3 LMP 842712 10 6 P 15267 15 26P 1526731 19 34 13 P 7140529 10 2 31 LMP 2710 21 LMP 12452 12 5 P 53014 P 29467 P 240392 of 1P 6316 49 P 15267 2 17 P 17924 15 P 71405P 152675 9 1 30 2 2 17 5 27 18 21 35 26*PP1021 1 14 4 28 1 13 30 P 17924 19 P 714058 5 17 32 18 E 1/2 449 7 10 LMP 12454EP 71406 LMP12453 LMP 8428 EP 73318 LMP 12453EP 71406EP 71406 LMP 2711 EP 71406 RW 22043 EP 71406EP 71406 DEWDNEY TRUNK ROAD ´ SCALE 1:2,500 MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From: To: RS-1 (One Family Urban Residential) C-2 (Community Commercial) 7070-20141614 APPENDIX F APPENDIX G APPENDIX H [1] ADVISORY DESIGN PANEL COMMENTS AND RESPONSES That the following concerns be addressed and digital versions of revised drawings and memo be submitted to Planning staff; and further that Planning staff forward this on to the Advisory Design Panel for information: Consider a stronger connection between Building 1 and Dewdney Trunk Road . Response: Sidewalk with stamped concrete banding extended to Dewdney Trunk. Consider gating the rear walkway for Building 2. Response: Two 5' cedar gate with lattice at either end but not blocking off mechanical/electrical room. Consider identification marker for pedestrian entry and clearly marking one way entry with signage. Response: Banded sidewalk and additional landscaping for pedestrian entry off 248th. One way entry sign designated on plan. Consider enhancing the pedestrian connection between Building 1 and 248 th with additional architectural / landscape accents and /or structures. Response: Banded sidewalk added out to 248th. Consider a higher level of detail for hard surfaces on all hardscaping and extend to the municipal sidewalk and the corner of Dewdney Trunk and 248 th. Response: All connecting sidewalks with stamp concrete banding. Store fronts with stamped concrete pad at each entry. Increase the cedar hedge height to six feet. Response: Cedar hedge height increased to 6 feet. Consider refining the design by simplifying the architectural expression. Response: Flat canopies over flat roof areas of building only, and sloped canopies over sloped roof areas. Building 2 elevation simplified and symmetrical by redesigning of centre unit storefront. Drive through should be excluded from this application and warrants further consideration for suitability on the impact of the pedestrian experience. Response: Drive thru eliminated. Consider adding landscaping (ie overhead trellis) to add further definition to patio space adjacent to Dewdney Trunk Road. Response: Pergola and low level trellis added. Ultimate design to depend on tenants corporate requirements. Provide an updated rendering to reflect the updated elevations submitted with further details on façade treatments. Response: Rendering updated as required. Endorse the metal roof detailing. Response: Metal roofs will be constructed for both Building 1 and Building 2. APPENDIX I [2]  Provide additional let downs to sidewalks. Response: Let downs provided for as required.  Use the overall building design façade treatment to complement the garbage enclosure. Response: Open black tubular metal truss with metal roof proposed over garbage enclosures as per owners design. Slope roof pitch to match buildi ng 1.  Relocate the loading area to rear parking lot. Response: Loading area relocated to center of rear parking area to allow for ease of maneuvering.  Provide mechanical unit screening. Response: Screening provided by lower center roofs height and building parapet walls. Additional mechanical unit screening to be provided if required.  Consider adding a window to master bedroom in Building 2. Response: Window added to the east side of residential unit doors to roof top patio area.  Consider a stronger statement to provide more emphasis on the entry to the residential units. Response: French glass doors added for each residential unit.  Provide clearly defined resident parking including the use of signs, surface treatment and landscaping. Response: Residential parking designated through signage and paint marking.  Consider further detailing pedestrian crosswalk within parking lot to interconnect Buildings 1 and 2 and ensure future connection to the northern expansion. Response: Interconnection provided for between buildings and newly created interior amenity space.  Consider providing public amenity space at the corner of Dewdney Trunk Road and 248 th. Response: Amenity space will not be provided for in front of Building 1 in orde r to discourage neighbouring students from the high school from congregating in front of the building and littering area with cigarette butts. Amenity space with landscaping and benches has been designed within the interior of the complex between Building 1 and Building 2 along the inter- building sidewalk connections. APPENDIX J - 1 - City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: September 14, 2015 and Members of Council FILE NO: 2014-054-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Addendum to Second Reading Report Official Community Plan Amending Bylaw No. 7152-2015 and Zone Amending Bylaw No. 7103 – 2014 23627 and 23598 Dogwood Avenue EXECUTIVE SUMMARY: This Zoning Bylaw text amendment application for the subject properties, located at 23627 and 23598 Dogwood Avenue, is to allow a density bonus for smaller lot dimensions and area consistent with the RS-1c (One Family Urban (Low Density) Residential) in the RS-2 (One Family Suburban Residential) zone (see Appendix A). Council granted first reading to Zone Amending Bylaw No. 7103–2014 on September 9, 2014. First and second readings for Official Community Plan Amending Bylaw No. 7152-2015 and second reading for Zone Amending Bylaw No. 7103 – 2014 were granted on June 23, 2015. The application was subsequently presented at a Public Hearing held on July 21, 2015. Third reading was deferred on July 28, 2015 with the following Council resolution: That the motion be deferred to a meeting following the final reading of the tree management bylaw. Since deferral of the project, the applicant has expressed concern to staff regarding the uncertainty of the timeline for when the application will be able to be considered by Council. In light of this, and feedback received at the July 28, 2015 Council meeting, the applicant has revised the development proposal. The revised subdivision layout is now for 12 single family lots, a reduction in two lots from the original proposal. The Local Government Act includes the following provision, which allows Council to adopt, defeat, or alter and adopt a bylaw following Public Hearing under certain conditions. Procedure after a public hearing 894 (1) After a public hearing, the council or board may, without further notice or hearing, (a) adopt or defeat the bylaw, or (b) alter and then adopt the bylaw, provided that the alteration does not (i) alter the use, (ii) increase the density, or (iii) without the owner's consent, decrease the density of any area from that originally specified in the bylaw. This report is provided for information purposes and includes a revised subdivision plan. 1105 - 2 - RECOMMENDATION: That the “Addendum to Second Reading Report” dated September 14, 2015 be received as information. DISCUSSION: 1) Revised Information: Since deferral of the application on July 28, 2015, the applicant has notified staff that they wish to revise the subdivision layout from 14 to 12 single family lots (see Appendix C) and have the item reconsidered by Council. The owner has proposed and consents to the decrease in density from the original proposal. 2) Options: A) Status Quo: This addendum report is provided to Council for information purposes, and includes a revised subdivision layout. Council has the option to continue to defer the application until the T ree Management Bylaw is approved, as originally stated in the July 28, 2015 resolution. B) Favourable Support: A second option for Council consideration is to support the revised subdivision layout with a lower lot yield. If Council is satisfied with the reduced density, Council has the option to grant third reading to the amending bylaws. Should Council wish to proceed with this application, the recommended terms and conditions for final reading are as follows: 1) 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 Official Community Plan Schedules "B" and “C”; iii) Road dedication on Dogwood Avenue as required; iv) Park dedication as required, including portions to be transferred back to the Crown as necessary; construction of walkways and a maintenance access road; and removal of all debris and garbage from park land; v) Consolidation of the subject properties; vi) Registration of a Restrictive Covenant for the geotechnical report, which addresses the suitability of the subject properties for the proposed development; vii) Registration of a Tree Protection Covenant at the Land Title Office; viii) Removal of the existing buildings; - 3 - ix)In addition to the Site Profile, a disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storag e tanks on the subject properties. If so, a Stage 1 Site Investigation Report is required to ensure that the subject properties are not a contaminated site; and x)A subdivision layout with no more than 12 single family lots. The final condition has been added to the original 9 terms and conditions to ensure that the revised subdivision layout is used instead of the original subdivision layout showing 14 single family lots. C)Denial: The last option for Council is to deny the application in its entirety. The applicant could pursue a subdivision application under the current RS-2 (One Family Suburban Residential) zone provisions, which has a minimum lot area of 0.4 hectares (1 acre). CONCLUSION: A revised subdivision layout was provided by the applicant on September 8, 2015, with a reduction in the lot yield from 14 to 12 single family lots. This report is provided for information purposes and outlines the three options for consideration. Section 894 of the Local Government Act allows Council to adopt, defeat, or alter and adopt a bylaw following Public Hearing provided that the use is not altered, the density is not increased, and the owner is aware of any decreases in density. “Original signed by Amelia Bowden” ____________________________________________ Prepared by: Amelia Bowden Planning Technician “Original signed by Christine Carter” _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Christine Carter” for _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services “Original signed by Kelly Swift” _______________________________________________ Concurrence: Kelly Swift Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Ortho Map Appendix C – Revised Subdivision Plan Appendix D – Second Reading Report dated June 15, 2015 City of PittMeadows District of Langley District of MissionFRASER R. ^ DATE: Jun 16, 2014 FILE: 2014-054-RZ BY: PC CORPORATION OF THE DISTRICT OF MAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTIES ´ Scale: 1:2,500 23598 & 23627 DOGWOOD AVENUE 128 AVE FERN CR APPENDIX A City of PittMeadows District of Langley District of MissionFRASER R. ^ DATE: Jun 16, 2014 FILE: 2014-054-RZ BY: PC CORPORATION OF THE DISTRICT OF MAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTIES District of Maple Ridge´ Scale: 1:2,500 23598 & 23627 DOGWOOD AVENUE 128 AVE FERN CR 2011 photography APPENDIX B APPENDIX C - 1 - City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: June 15, 2015 and Members of Council FILE NO: 2014-054-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: First and Second Reading Official Community Plan Amending Bylaw No. 7152-2015 and Second Reading Zone Amending Bylaw No. 7103 - 2014 23627 and 23598 Dogwood Avenue EXECUTIVE SUMMARY: An application has been received for a Zoning Bylaw text amendment for the subject properties, located at 23627 and 23598 Dogwood Avenue. The site specific text amendment is to allow a density bonus for smaller lot dimensions and area consistent with the RS-1c (One Family Urban (Low Density) Residential) in the RS-2 (One Family Suburban Residential) zone (see Appendix A). The text amendment will permit a future subdivision into approximately 14 single family lots in exchange for dedication of 25% of the developable lot area for conservation of the subject properties’ significant and unique tree stands based on a density bonus framework. The subject application is supported from a policy perspective because the housing form and suburban zone align with the Estate Suburban Residential land use designation; and proposed lots can be serviced by sanitary sewer due to the subject properties’ location in the Fraser Sewer Area. The OCP also includes Policy 2-9, which allows Council to consider density bonuses and amenity contributions for OCP and zone amending applications to help provide a variety of amenities and facilities throughout the community. The additional park land dedication will ensure the long term preservation of significant stands of trees, which is identified as a community benefit. This application requires an amendment to the OCP to designate portions of the development site as Conservation and Forest. Council granted first reading to Zone Amending Bylaw No. 7103–2014 and considered the early consultation requirements for the Official Community Plan (OCP) amendment on September 9, 2014. The minimum lot size for the current RS-2 (One Family Suburban Residential) zone is 4,000 m2 (1 acre). RECOMMENDATIONS: 1)That, in accordance with Section 879 of the Local Government Act, opportunity for early and on- going consultation has been provided by way of posting Official Community Plan Amending Bylaw No. 7152-2015 on the municipal website and requiring that the applicant host a Development Information Meeting (DIM), and Council considers it unnecessary to provide any further consultation opportunities, except by way of holding a Public Hearing on the bylaw; 2)That Official Community Plan Amending Bylaw No. 7152-2015 be considered in conjunction with the Capital Expenditure Plan and Waste Management Plan; APPENDIX D - 2 - 3) That it be confirmed that Official Community Plan Amending Bylaw No. 7152-2015 is consistent with the Capital Expenditure Plan and Waste Management Plan; 4) That Official Community Plan Amending Bylaw No. 7152-2015 be given first and second readings and be forwarded to Public Hearing; 5) That Zone Amending Bylaw No. 7103 – 2014 be amended as described in this report dated June 15, 2015, be given second reading, and be forwarded to Public Hearing; 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 Official Community Plan Schedules "B" and “C”; iii) Road dedication on Dogwood Avenue as required; iv) Park dedication as required, including portions to be transferred back to the Crown as necessary; construction of walkways and a maintenance access road; and removal of all debris and garbage from park land; v) Consolidation of the subject properties; vi) Registration of a Restrictive Covenant for the geotechnical report, which addresses the suitability of the subject properties for the proposed development; vii) Registration of a Tree Protection Covenant at the Land Title Office; viii) Removal of the existing buildings; and ix) In addition to the Site Profile, a disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks on the subject properties. If so, a Stage 1 Site Investigation Report is required to ensure that the subject properties are not a contaminated site. DISCUSSION: 1) Background Context: Applicant: Damax Consultants Ltd. Owner: AFN Enterprises Inc. Legal Descriptions: Parcel One (Exp. Plan 8154) of Parcel “B” (Reference Plan 8155) of the Southeast Quarter of Section 28, TWP 12 NWD; Lot 1 Except: Firstly: Part on Plan 7806, Secondly: Part Subdivided by Plan 38973, Section 28 TWP 12 NWD Plan 1105 OCP: Existing: Estate Suburban Residential Proposed: Estate Suburban Residential, Conservation, Forest - 3 - Zoning: Existing: RS-2 (One Family Suburban Residential) Proposed: RS-2 (One Family Suburban Residential), with a site specific Zoning Bylaw text amendment Surrounding Uses: North: Use: Single Family Residential Zone: RS-2 (One Family Suburban Residential) Designation: Estate Suburban Residential South: Use: Single Family Residential Zone: RS-2 (One Family Suburban Residential) Designation: Estate Suburban Residential East: Use: Single Family Residential Zone: RS-2 (One Family Suburban Residential) Designation: Estate Suburban Residential West: Use: Single Family Residential Zone: RS-2 (One Family Suburban Residential) Designation: Estate Suburban Residential Existing Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential Site Area: 3.3 ha (8.2 acres) Access: Dogwood Avenue Servicing requirement: Urban Standard 2) Background: In 2014, DAMAX Consultants Ltd. approached the City of Maple Ridge with a proposal to develop the subject properties, located at 23627 and 23598 Dogwood Avenue, to the RS-1C (One Family Urban (Low Density) Residential) zone standard. The subject properties have a combined land area of approximately 3.3 ha (8.2 acres), including some riparian setback lands along the South Alouette River. Under the current Estate Suburban Residential land use designation, and the current RS-2 (One Family Suburban Residential) zone, subdivision into approximately seven (7) one acre lots serviced by municipal water and sanitary sewer is possible without a rezoning process. The subject properties are characterized by significant stands of trees comprising primarily of Western Hemlock, Western Red Cedar and Douglas Fir trees, which are scattered throughout the property located at 23627 Dogwood Avenue as well as portions of the property to the west. Maple Ridge’s Tree Protection Bylaw regulates tree cutting within 15 metre riparian areas and steep slopes in rural areas, therefore the bylaw would offer little protection for most of the trees on the subject properties. Rather than a conventional one acre lot subdivision plan, the applicant is proposing a more unique approach to the development of the subject properties. The applicant proposes to dedicate a minimum of 25% of the developable lot area to the City for tree protection purposes in order to ensure the long term preservation of the existing significant stands of trees. In exchange for the tree protection dedication, the applicant is seeking a density bonus for reduced lot sizes of 1,200 m2 - 4 - (12,917 ft2) to 1,598 m2 (17,200 ft2). These lots conform to the RS-1c (One Family Urban (Low Density) Residential) zone, and the submitted subdivision plan is for 14 single family lots. In order to achieve the development as proposed, a site specific Zoning Bylaw text amendment is required to the RS-2 (One Family Suburban Residential) zone. This text amendment will allow for the reduced lot area, in exchange for dedication of 25% of the developable lot area for conservation of the site’s significant and unique tree stands within a density bonus framework. 3) Project Description: The applicant proposes to subdivide the subject properties into 14 single family lots. The lots will be accessed via a new local road running north-south. Dogwood Avenue will be extended to a local urban standard from the western property line to the new north-south road. To the east of the new road, a 4 m (13 ft) vehicle access lane will be constructed to facilitate maintenance of a new stormwater outfall. The new local road has been designed to maintain a large isolated stand of mature trees through the creation of a 1,158 m2 (12, 464 ft2) ‘parkette’ within the road allowance. The ‘parkette’ feature is land in excess of the road allowance requirement; however, a Development Variance Permit is required for the width of the carriageway around the ‘parkette’. Similar road designs have been used in Silver Valley Eco-Cluster developments, and in Albion. The proposed road will loop around this stand of trees so that they can be preserved in their natural state. In addition, the applicant proposes to dedicate 6,601.1 m2 (71,054 ft2) of developable land along the eastern property line for preservation of mature trees. These combined areas are equivalent to 25% of the development site area, which does not include Environmentally Sensitive Areas (ESA) that are undevelopable. A pedestrian trail will be constructed through the dedicated park land to the river and will connect to the vehicle access road. As this area has not been identified as part of the trail network, ongoing maintenance for the trail, as well as the ‘parkette’, will be funded through a Local Area Service Bylaw for the benefitting 14 lots created through subdivision. On the north-east corner of the development site, approximately 2,106 m2 (22,669 ft2) of environmentally sensitive land within 30 metres of the South Alouette River top of bank will be dedicated as park for conservation purposes (see Appendix D). Additional private property beyond the high water mark will be returned to Crown prior to final rezoning consideration. Nine tree protection restrictive covenant areas will also be used to ensure protection of significant stands of trees on private property, predominantly on the eastern property located at 23627 Dogwood Avenue. 4) Planning Analysis: i) Regional Growth Strategy: Metro Vancouver’s Regional Growth Strategy includes six land use designations and sets an Urban Containment Boundary. The subject properties are designated General Urban in the Regional Growth Strategy and are located within the Urban Containment Boundary. The General Urban designation indicates that the subject properties can be serviced with sanitary sewer without requiring approval from the Greater Vancouver Sewerage and Drainage District, as they are within the Fraser Sewer Area. Consequently, this regional designation gives Council some flexibility to direct land uses on Estate Suburban Residential designated lands, as no regional approvals are required in order for this - 5 - application to proceed as proposed. Although the subject properties are not considered available for urban levels of development under OCP policies, Council may consider using density bonusing to achieve specific community benefits as outlined in Policy 6-62. ii) Official Community Plan: The subject properties are currently designated Estate Suburban Residential. Properties designated Estate Suburban Residential in the OCP are outside of the City of Maple Ridge Urban Area Boundary, but are within the Metro Vancouver Urban Containment Boundary. While the City’s Urban Area Boundary aligns with the Silver Valley Planning Area, the Regional Urban Containment Boundary includes the Estate Suburban Residential designated lands directly south of Silver Valley. In total, there are approximately 207 hectares (512 acres) of Estate Suburban Residential designated land within the Regional Urban Containment Boundary not included in the City’s Urban Area Boundary. The Estate Suburban Residential designation also aligns with land that is serviceable by the regional sanitary service within the Fraser Sewer Area and municipal water, which allows greater opportunity for modest densification than for Suburban Residential designated lands, which is serviceable by a private sanitary septic only. The following OCP policies guide the form and density supported in the Estate Suburban Residential land use designation: Policy 3-14 Urban-level residential densities will not be supported in areas designated Estate Suburban Residential Policy 3-15 Maple Ridge will support single detached and two-family residential housing in Estate Suburban Residential areas. The Estate Suburban Residential land use designation is characterised generally by 0.4 hectare lots. The proposed text amendment will result in a higher residential density than permitted in the current land use designation; however, it is noted that lots smaller than 0.4 hectares (1 acre) are already found in the Estate Suburban Residential land use designation. The existing range of lot sizes is reflected in the language of Policy 3-15 above. The single detached form and RS-1c (One Family Urban (Low Density) Residential) zone proposed by the applicant meet the intent of the above mentioned policies. Furthermore, the OCP also includes the following policy, which allows Council to consider a density bonus approach as proposed in this application: Policy 2-9 Density Bonuses and Amenity Contributions may be considered at Council’s discretion for all Official Community Plan and Zoning Bylaw amending applications to help provide a variety of amenities and facilities throughout the municipality. The proposed density bonus structure used to accommodate the RS-1c (One Family Urban (Low Density) Residential) zone will not require an OCP amendment; rather a Zoning Bylaw text amendment will be established to create the density bonus framework. This approach is similar to the Albion Area Community Amenity Program, with one significant difference. Whereas a density bonus contribution is required for all developments taking advantage of the density bonus program in Albion, this application will be providing additional parkland dedication for tree protection rather than a cash contribution. As a result, a reserve fund is not required as no cash amenity is being provided. An OCP amendment will be required to re-designate a portion of the subject properties to Conservation for the riparian setback area of the South Alouette River. The nature of this amendment is consistent with how other Environmentally Sensitive Areas are designated through the rezoning process, and is independent to the density bonus land dedication. Lands dedicated for tree - 6 - conservation as a density bonus will be designated Forest. The Forest designation is described in the OCP as a designation for the protection and maintenance of the ecological diversity and integrity of forested land within the City. The preservation of forested lands is recognized as both environmentally and economically beneficial to the community, as outlined in the following OCP policy: Policy 5-13 Maple Ridge will promote the retention of urban and mature trees and of natural forests and woodland areas, and ensure that additional trees and plant material are provided as part of all development proposals. To enhance the ecological integrity of the City, the use of native trees, plants and naturescape principles will also be encouraged. In summary, the subject application is supported from a policy perspective for several important reasons. First, the housing form and suburban zone align with the Estate Suburban Residential land use designation and can be serviced by sanitary sewer due to the subject properties’ location in the Fraser Sewer Area. Second, Policy 2-9 allows Council to consider a density bonus approach. Third, the proposed development will ensure long term protection of significant stands of mature second growth trees in dedicated parkland in alignment with Policy 5-13 of the OCP. This protection would not be provided under the Maple Ridge Tree Protection Bylaw, and many of the trees are located within developable land that is not within an environmentally sensitive area subject to an environmental development permit. iii) Zoning Bylaw: The minimum lot size for the current RS-2 (One Family Suburban Residential) zone is 4,000 m2. The applicant is proposing to dedicate an additional 25% of developable land in exchange for smaller lot dimensions and area consistent with the RS-1c (One Family Urban (Low Density) Residential) zone. A site specific text amendment will be used to permit a minimum lot area range of 1,200 m2 (12,917 ft2) to 1,598 m2 (17,200 ft2), a minimum lot width of 24 m and a minimum lot depth of 36 m, all within the current RS-2 (One Family Suburban Residential) zone. This is a similar zoning approach as the Community Amenity Program in the Albion Area, where a per lot density bonus charge allows a smaller lot area and dimensions in a larger residential zone in exchange for an amenity cash contribution. iv) Proposed Variances: A Development Variance Permit application has been received for this project and involves the following relaxations: 1. Subdivision and Development Servicing Bylaw No. 4800-1993, Schedule A, to waive conversion of the overhead utility wiring to underground wiring. 2. Subdivision and Development Servicing Bylaw No. 4800-1993, Schedule A, to waive constructing Dogwood Avenue east of the entrance to the subdivision. 3. Subdivision and Development Servicing Bylaw No. 4800-1993, Schedule C, Section 3.5 Roads, SD-R1 Urban Local Street to reduce the road carriageway around the ‘parkette’ from 8.6 m (28.2 ft) to 7.3 m (24 ft). - 7 - 4. Maple Ridge Zoning Bylaw No. 3510-1985, to reduce the exterior side yard setback for proposed lots 1 and 14 from 9 m (29.5 ft) to 6 m (19.7 ft). The requested variances to the Subdivision and Development Servicing Bylaw No. 4800-1993 and the Maple Ridge Zoning Bylaw No. 3510 -1985 have been reviewed by staff and will be the subject of a future Council report. v) Development Permits: Pursuant to Section 8.9 of the OCP, a Watercourse Protection Development Permit application is required for all developments and building permits within 50 metres of the top of bank of all watercourses and wetlands. The purpose of the Watercourse Protection Development Permit is to ensure the preservation, protection, restoration and enhancement of watercourse and riparian areas. Pursuant to Section 8.10 of the OCP, a Natural Features Development Permit application is required for all development and subdivision activity or building permits for:  All areas designated Conservation on Schedule “B” or all areas within 50 metres of an area designated Conservation on Schedule “B”, or on Figures 2, 3 and 4 in the Silver Valley Area Plan;  All lands with an average natural slope of greater than 15 percent;  All floodplain areas and forest lands identified on Schedule “C” to ensure the preservation, protection, restoration and enhancement of the natural environment and for development that is protected from hazardous conditions. vi) Development Information Meeting: A Development Information Meeting was held at Yennadon Elementary School on March 12, 2015. Approximately 16 local area residents attended the meeting. A summary of the main comments and discussions with the attendees was provided by the applicant and include the following main points:  Increased traffic due to 14 new homes  Truck traffic during construction stage of development; and  Effects of development on wildlife. The following are provided by the applicant in response to the issues raised by the public:  New homes will generate more vehicle trips on Dogwood Avenue. The subdivision is designed to allow for a future road connection to 128 Avenue;  The engineering servicing work including road construction will be fairly limited in scope, and is expected to take place over a 10 week time period; and  Approximately 2.3 acres of park land is proposed to be dedicated as part of this development application. The preservation of significant stands of trees will protect wildlife habitat. 5) Environmental Implications: The subject properties are located adjacent to the South Alouette River, therefore a Watercourse Protection Development Permit is required. The applicant has submitted an Environmental Assessment Report, prepared by Phoenix Environmental Services Ltd., dated October 2014. The - 8 - Environmental Assessment states that the Alouette River is a permanent, fish-bearing watercourse that is a tributary of the Pitt River which subsequently drains into the Fraser River. The watercourse supports chinook salmon, coho salmon, chum salmon, sockeye salmon, and steelhead trout among other fish species. The river banks at the subject properties are approximately five metres in height and steep, with extensive residential disturbance along the riparian zone. The report notes that despite this, the area offers very good spawning and fish rearing habitat. Due to the South Alouette River’s classification as a permanent, fish-bearing watercourse, a 30 m (98 ft) setback from the top of bank is required under the Streamside Protection Regulations (SPR) in order to protect the riparian area. The riparian area setback on the south side of the river bordering the subject properties will therefore be dedicated as park for conservation purposes. Because a portion of the land extends under the South Alouette River, the applicant’s surveyor is aware of the process established by the Surveyor General for transfer of land back to the Crown. In addition to the riparian setback area to the South Alouette River, the Environmental Assessment further notes two vegetation areas on the subject properties. Approximately 70% of the subject properties are characterized by the Qualified Environmental Professional as Mature Mixed Forest Vegetation, with the remainder of the site comprised of Disturbed Vegetation Type. The report describes the Mature Mixed Forest as a second growth forest with approximately 85-90% closed canopy with veteran trees, meaning trees greater than 100 years old and/or trees with diametres greater than 100 cm (39 in). Land that is proposed to be dedicated to the City as park will be subject to enhancement and replanting where invasive plants or buildings were noted by Phoenix Environmental Services Ltd. The Qualified Environmental Professional has indicated that there are three types of invasive plant species on the subject properties that will require removal, treatment, and management as a requirement of the Watercourse Protection Development Permit. These include Japanese Knotweed along the banks of the South Alouette River, English Ivy on several mature trees, and blackberry bushes throughout the proposed park area. Additionally, portions of three small cabins on the properties located within future park areas will be removed, and their building footprints re-planted. The applicant has also submitted an Arborist Report prepared by Michael J. Mills Consulting dated October 2014. Following a site visit, the Certified Arborist reports that there are a total of 462 trees identified on the tree survey plan. The dominant tree species are Western Red Cedar, Douglas Fir, and Western Hemlock. Deciduous species are comprised primarily of Cottonwood, Alder and Big Leaf Maple. Of the 462 trees identified on the appended tree survey, 327 trees have been identified for preservation. i) Proposed Tree Management Bylaw: The proposed density bonus of additional park dedication in exchange for smaller lot sizes is supportable because it results in a stronger level of tree protection than the current or proposed tree bylaws provide. Under either bylaw, trees within Environmentally Sensitive Areas would be preserved because of the watercourse protection requirements. Through the current environmental development permit guidelines and the proposed Tree Management Bylaw, the applicant’s arborist report needs to identify tree retention opportunities within the developable portion of the site as part of their efforts to demonstrate low impact development practices. The old Tree Protection Bylaw 5896-2000 and the current interim Tree Protection Amending Bylaw 7134-2015 do not include any verbage that speaks to tree retention measures on development sites. The proposed Tree Management Bylaw 7133-2015 does not restrict the removal of trees for development purposes outside of Environmentally Sensitive Areas, although there is a minimum number of trees per acre that would need to either be retained, replanted, or compensated for with a cash-in-lieu - 9 - contribution. There is also a requirement for the arborist to include recommendations for retention of significant trees where possible on new developments. In the case of the subject application, larger healthy trees on site within the developable area are proposed to be retained which is the preferred option from a tree management perspective, and the retained forest area is also proposed to be dedicated as park. This will ensure long term preservation of these stands compared to if the trees remained on private property. 6) Interdepartmental Implications: i) Engineering Department: The Engineering Department has reviewed the proposed development and has advised that all required services do not exist; therefore a rezoning servicing agreement is required. Dogwood Avenue is currently not constructed to an urban local standard along the subject properties’ frontage. As part of the servicing upgrades, the applicant will be required to build Dogwood Avenue from the western property line of 23598 Dogwood Avenue, to the intersection of the new local road. To the east of the new local road, the Dogwood Avenue road right-of-way will not be constructed to a local urban standard, which will require approval of a Development Variance Permit. Instead, the applicant will be responsible for building a 4 m (13 ft) access road to allow service vehicles to reach the new storm outfall at the South Alouette River. This access road will also function as a pedestrian trail, and will connect with a new trail that will run the length of the entire park area. The access route will be designed to preserve existing trees located in the road right-of-way. Some additional road dedication will be required to connect the existing Dogwood Avenue road right-of-way to the river. The Engineering Department has further advised that this location may serve as a future bridge crossing for the South Alouette River, should the Transportation Plan deem this location as a desired route along the South Alouette River. At a later date, the access road may be upgraded and a bridge constructed to provide a secondary access point across the South Alouette River primarily for emergency vehicles and pedestrians. Lastly, the Engineering Department has noted that a Development Variance Permit will also be required for the road carriageway width around the proposed ‘parkette’ in the new local road right-of- way. On-street parking along the ‘parkette’ will be restricted to compensate for the narrower pavement width. A similar road design has been used in two recent development applications in the Albion and Silver Valley neighbourhoods. The variance request to waive conversion of the overhead utility wiring to underground wiring is supported in Council Policy 9.05, as the existing overhead utility system on Dogwood Avenue is noted on the poli cy’s map for retention. ii) Parks & Leisure Services Department: The Parks & Leisure Services Department has commented that the proposed trail network through the dedicated park area is not identified in the Parks Master Plan as a future trail location in Maple Ridge. As a result, ongoing maintenance of the trail is required to be funded through a Local Area Service Bylaw from the 14 benefitting properties. This bylaw must be approved prior to subdivision approval. iii) Licenses, Permits and Bylaws Department: The Licenses, Permits and Bylaws Department notes that the north-east portion of the subject properties is in the localized South Alouette River floodplain. The applicant has submitted a Geotechnical Assessment Report from Braun Geotechnical Ltd. dated November 2014, which - 10 - includes a review of 1991 provincial floodplain mapping and modelling carried out by Northwest Hydraulic Consultants in 2011. The report findings state that the South Alouette River occupies an oversized channel, such that warmer wetter winters or increased frequency of short-duration high intensity rainfall events are not considered likely to significantly impact the risk of 200 year flooding at the study site. A flood construction level of 20.5 m (67.3 ft) is considered appropriate for development. iv) Fire Department: The Fire Department has reviewed the development application and has noted that on-street parking will need to be restricted around the ‘parkette’ in the new local road to ensure that there is adeq uate width for emergency access vehicles. Signage indicating no parking areas is also required. 7) School District No. 42 Comments: Pursuant to Section 881 of the Local Government Act, consultation with School District No. 42 is required when preparing or amending the OCP. A referral was sent to School District No. 42 on February 24, 2015. The School District has noted that the subject properties fall within the Yennadon Elementary and Garibaldi Secondary school catchments. For the 2014-15 school year, Yennadon Elementary is at 103% utilization, which includes 133 out-of-catchment students. Although Yennadon Elementary is fully utilized, Harry Hooge and Alouette elementary schools in the central Maple Ridge area can accommodate the student population from the proposed development. Harry Hooge Elementary school is below the walk limit of 4 – 4.8 km, while Alouette Elementary is at the high end of the walk limit. In terms of secondary school enrollment capacity, for the 2014-2015 school year, the student enrolment at Garibaldi Secondary is at 63% utilization, including 290 out-of-catchment students. Therefore, there is available secondary school capacity for the proposed development. 8) Intergovernmental Issues: i) Local Government Act: An amendment to the OCP requires the local government to consult with any affected parties, and to adopt related bylaws in compliance with the procedures outlined in Section 882 of the Local Government Act. The amendment required for this application, from Estate Suburban Residential to Estate Suburban Residential, Conservation and Forest, is considered to be minor in nature. It has been determined that no additional consultation beyond existing procedures and School District 42 is required. Referrals to the Board of the Regional District, the Council of an adjacent municipality, First Nations, or agencies of the Federal and Provincial Governments were not required. Section 904 of the Local Government Act permits the establishment of different density regulations for a zone, subject to certain conditions being met. Those conditions can be related to the conservation or provision of the number, kind, and extent of amenities. The proposed density bonus framework has been reviewed by the City’s solicitor and is felt to meet the intent of this provision of the Local Government Act. The amendment has been reviewed with the Financial Plan/Capital Plan and the Waste Management Plan of the Greater Vancouver Regional District and determined to have no impact. - 11 - CONCLUSION: OCP Policies 2-9 and 5-13 support the use of a density bonus framework in exchange for the protection of ecological diversity and the provision of a variety of amenities within the municipality. Given that there are significant stands of trees on the subject properties that would be lost if the lands were to be developed in a conventional manner, the applicant is pursuing the use of a density bonus framework, which permits the clustering of development in areas of that site that are less sensitive. In exchange for smaller lots and greater numbers of lots, the applicant will dedicate a minimum of 25% of the developable land area to the City in order to preserve the unique natural amenity and area character that the existing trees provide. This proposal is supportable, as it is both sensitive to the environment and to the character of the neighbourhood, and is in compliance with the density bonus policies of the OCP. The subject application is supported for two important reasons. First, the subject properties are serviceable by sanitary sewer due to their location in the Fraser Sewer Area and the Metro Vancouver Urban Containment Boundary. Second, the proposed development will ensure long term protection of significant stands of mature second growth trees in dedicated parkland. It is recommended that first and second reading be given to OCP Amending Bylaw No. 7152-2015, that second reading be given to Zone Amending Bylaw No. 7103 - 2014, and that application 2014- 054-RZ be forwarded to Public Hearing. “Original signed by Amelia Bowden” _______________________________________________ Prepared by: Amelia Bowden 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 Kelly Swift” _______________________________________________ Concurrence: Kelly Swift Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B –OCP Amending Bylaw No. 7152-2015 Appendix C –Zone Amending Bylaw No. 7103 - 2014 Appendix D –Subdivision Plan City of PittMeadows District of Langley District of MissionFRASER R. ^ DATE: Jun 16, 2014 FILE: 2014-054-RZ BY: PC CORPORATION OF THE DISTRICT OF MAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTIES ´ Scale: 1:2,500 23598 & 23627 DOGWOOD AVENUE 128 AVE FERN CR CITY OF MAPLE RIDGE BYLAW NO. 7152-2015 A Bylaw to amend the Official Community Plan Bylaw No. 7060-2014 _______________________________________ 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 City of Maple Ridge, enacts as follows: 1.This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending Bylaw No. 7152-2015 2.Schedule "B" is hereby amended for that parcel or tract of land and premises known and described as: Parcel “One” (Explanatory Plan 8154) of Parcel “B” (Reference Plan 8155) of the South East Quarter Section 28 Township 12 New Westminster District Lot 1 Except: Firstly: Part on Plan 7806 Secondly: Part Subdivided by Plan 38973; Section 28 Township 12 New Westminster District Plan 1105 and outlined in heavy black line on Map No. 904, a copy of which is attached hereto and forms part of this Bylaw, is hereby amended as shown. 3.Schedule “C” is hereby amended for that parcel or tract of land and premises known and described as: Parcel “One” (Explanatory Plan 8154) of Parcel “B” (Reference Plan 8155) of the South East Quarter Section 28 Township 12 New Westminster District Lot 1 Except: Firstly: Part on Plan 7806 Secondly: Part Subdivided by Plan 38973; Section 28 Township 12 New Westminster District Plan 1105 and outlined in heavy black line on Map No. 905, a copy of which is attached hereto and forms part of this Bylaw, is hereby amended by adding Conservation and Forest. 4.Maple Ridge Official Community Plan Bylaw No. 7060-2014 is hereby amended accordingly. READ A FIRST TIME the day of , 20 . READ A SECOND TIME the day of , 20 . PUBLIC HEARING HELD the day of , 20 . READ A THIRD TIME the day of , 20 . ADOPTED, the day of ,20 . ___________________________________ _____________________________ PRESIDING MEMBER CORPORATE OFFICER 23463/652362723685236942345212835 23496235322356523681234832355313034 2344712870 2361223444236692366223679234612344812865 12895 235242349023505235252357523611/192364723653236892347123497235982364123647234 B ST.DOGW O O D A V E . 128 CR E S C E N T A Rem 11 P 77771 24 F RP 1309542 1 RP 15169P 6734 3 2 P 7806P 17199 P 50674 P 2637 P 19475P 11117P 6735 4 P 38973 Rem 1 P 46567P 635483 A E EP 8154 2 38 PARK2 4 A D P 1105 4 P 6438 P 46567 1 3 P 20363 5 P 77771P 11075B 37 Rem 16 P 6734 A P 1719 9 Pcl. 1 A 41 P 50674 2 P 6438 1 3 P 6438 EP 77772 EP 67619BCP 44989 LMP 29631 FERN CRESCENT ´ SCALE 1:2,500 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No. Map No. From: To: Estate Suburban Residential Conservation Forest 7152-2015904 Urban Area Boundary Urban Area Boundary 23463/652362723685236942345212835 23496235322356523681234832355313034 2344712870 2361223444236692366223679234612344812865 12895 235242349023505235252357523611/192364723653236892347123497235982364123647234 B ST.DOGW O O D A V E . 128 CR E S C E N T A Rem 11 P 77771 24 F RP 1309542 1 RP 15169P 6734 3 2 P 7806P 17199 P 50674 P 2637 P 19475P 11117P 6735 4 P 38973 Rem 1 P 46567P 635483 A E EP 8154 2 38 PARK2 4 A D P 1105 4 P 6438 P 46567 1 3 P 20363 5 P 77771P 11075B 37 Rem 16 P 6734 A P 1719 9 Pcl. 1 A 41 P 50674 2 P 6438 1 3 P 6438 EP 77772 EP 67619BCP 44989 LMP 29631 FERN CRESCENT ´ SCALE 1:2,500 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No. Map No. Purpose: To Add to Conservation and Forest on Schedule C as shown 7152-2015905 Conservation Forest Urban Area Boundary Urban Area Boundary CITY OF MAPLE RIDGE BYLAW NO. 7103 - 2014 A Bylaw to amend the text of Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended. ___________________________________________________________ WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended; NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows: 1.This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7103 - 2014." 2.Section 601 ONE FAMILY AND TWO FAMILY RESIDENTIAL ZONES (R-1, R-2, R-3, RS-1, RS-1a, RS-1b, SRS, RS-1c, RS-1d, RS-2, RS-3, RT-1, RE, CD-1-93) Subsection C. REGULATION FOR THE SIZE, SHAPE AND SITING OF BUILDINGS AND STRUCTURES of Maple Ridge Zoning Bylaw No. 3510 – 1985 is amended by adding the following as item 18: “(18) DENSITY BONUS REGULATIONS (a) A Density Bonus is permitted on the parcels or tracts of land and premises known and described as: 23598 Dogwood Avenue, Lot 1 Except: Firstly: Part on Plan 7806, Secondly: Part Subdivided by Plan 38973, Section 28 TWP 12 NWD Plan 1105 AND 23627 Dogwood Avenue, Parcel One (Exp. Plan 8154) of Parcel “B” (Reference Plan 8155) of the Southeast Quarter of Section 28, TWP 12 NWD, provided that the owner dedicates park land for the purpose of tree preservation, exclusive of Environmentally Sensitive Area lands and park dedication required by Local Government Act Section 941 Provision of Park Land. (b)+ The base density is a minimum subdivision lot area of 4,000 m 2, minimum subdivision lot width of 36 metres, and minimum subdivision lot depth of 60 metres. A Density Bonus is an option in the RS-2 zone as follows: (i) The owner must dedicate as park land at least 7,759 m2 in any subdivision containing one or more lots with an area of less than 4,000 m 2, as a condition of subdivision approval by the Approving Officer, such area to be acceptable to the Approving Officer for the purpose of preserving mature trees on the parent parcel. (ii) The maximum density bonus is: A) Minimum lot area of 1,200 m2 B) Minimum lot width of 24 m C) Minimum lot depth of 36 m 3.Zoning requirements for the RS-1c zone shall apply and supersede the zoning requirements for the RS-2 zone for any subdivision approved pursuant to this item 18.” READ a first time the 9th day of September, 2014. READ a second time the day of , 20 PUBLIC HEARING held the day of , 20 READ a third time the day of , 20 ADOPTED, the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER - 1 - City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: September 14, 2015 and Members of Council FILE NO: 2012-034-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Rezoning – First Extension Official Community Plan Amending Bylaw No. 6920-2012 and Zone Amending Bylaw No. 6921-2012 12101 208 Street EXECUTIVE SUMMARY: The applicant for the subject property, located at 12101 208 Street (see Appendices A and B), has applied for an extension to this rezoning application under the Development Procedures Bylaw No. 5879-1999. This application is to permit 8 townhouse units under the RM-1 (Townhouse Residential) zone (see Appendix C). RECOMMENDATION: That a one year extension be granted for rezoning application 2012-034-RZ and that the following conditions be addressed prior to consideration of final reading: i.Approval from the Ministry of Transportation and Infrastructure; ii.Approval from Fortis BC for visitor parking stalls located within Right-of Way; iii.Amendment to Official Community Plan Schedules "B" and “C”; iv.Road dedication as required; v.Removal of the existing buildings; vi.Park dedication as required; vii.A letter assuring that removal of all debris and garbage from park land has occurred; viii.Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of a security, as outlined in the Agreement; ix.Registration of a geotechnical report as a Restrictive Covenant which addresses the suitability of the subject property for the proposed development; x.Registration of a Restrictive Covenant for the Visitor Parking; xi.Registration of a Restrictive Covenant for Tree Protection; xii.Registration of a Restrictive Covenant for the Stormwater Management Plan; and 1106 - 2 - xiii. In addition to the Site Profile, a disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks on the subject property. If so, a Stage 1 Site Inve stigation Report is required to ensure that the subject property is not a contaminated site. DISCUSSION: a) Background Context: Applicant: Bissky Architecture and Urban Design Inc. Owner: 0929304 B.C. Ltd. Legal Description: Lot 6, District Lots 241 and 242, Group 1, NWD Plan 24517 OCP: Existing: Urban Residential, Conservation Zoning: Existing: RS-3 (One Family Rural Residential) Proposed: RM-1 (Townhouse Residential) Surrounding Uses: North: Use: Park, Single Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Conservation, Urban Residential South: Use: Townhouse, Single Family Residential Zone: RM-1 (Townhouse Residential), RS-1 (One Family Urban Residential) Designation: Conservation, Urban Residential East: Use: Townhouse Zone: RM-1 (Townhouse Residential) Designation: Conservation, Urban Residential West: Use: Single Family Residential Zone: RS-1b (One Family Urban (Medium Density) Residential) Designation: Urban Residential Existing Use of Property: Single Family Residential Proposed Use of Property: Townhouse Site Area: 0.64 ha (1.6 acres) Access: 208 Street Servicing requirement: Full Urban Standard Companion Applications: 2012-034-DP/VP and 2013-104-DP This application is to permit 8 townhouse units under the RM-1 (Townhouse Residential) zone. The following dates outline Council’s consideration of Official Community Plan Amending Bylaw No. 6920-2012 and Zone Amending Bylaw No. 6921-2012:  First reading was granted May 22, 2012  Second reading was granted on August 26, 2014  Public Hearing was held September 16, 2014  Third reading was granted September 30, 2014 - 3 - b) Application Progress: The applicant has been working on completing the terms and conditions to be met prior to final reading of the Zone Amending Bylaw and Official Community Plan Amending Bylaw. The major outstanding item is approval from Fortis BC for having parking stalls within the Right-of-Way. c) Alternatives: Council may choose one of the following alternatives: 1. Grant the request for extension; 2. Deny the request for extension; or 3. Repeal third reading of the bylaws and refer the bylaws to Public Hearing. CONCLUSION: The applicant has been actively pursuing the completion of this rezoning application and has app lied for a one year extension. It is recommended that a one year extension be granted. “Original signed by Michelle Baski” _______________________________________________ Prepared by: Michelle Baski, AScT, MA Planner 1 “Original signed by Christine Carter” _______________________________________________ Approved by: Christine Carter, M.PL, MCIP Director of Planning “Original signed by Christine Carter” for _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services “Original signed by Kelly Swift” _______________________________________________ Concurrence: Kelly Swift Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – 2011 Ortho Map Appendix C – Second Reading Report City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Nov 1, 2013 2013-104-DP BY: JV CORPORATION OFTHE DISTRICT OFMAPLE RIDGE FIN A N C E D E P A RT M E N T20685206682067420677 12131 12200 12146 12044 12220 20841208842066020691206 7 220673 12025 12075 12194 12020 207962080412080 12163 2082012174 12186 2083220695 12111 12206 12060 12187 12217 20844208802066412145 12193 12209 12114 12134 12170 12182 12070 12025 12034206752066920676 12157 12199 2070912158 12037 12014 2082512196 2085612122 12015 12053 12065 12079 12101 12024 12050 12072 12108 2066520685206992070112203 12119 12098 12045 12209 208352 0 6 6 8 2068612169 12179 2070512210 12088 2079012088 12201 20868120A AVE.207A S T.208 ST.120B AVE.207A S T.P 7297816 23 30 335 16 15 13 7 1 P 86477 7 15 23 4 7 20 26 51 P 24517P 23063LMP 4151 LMP 4151 4 2 32 12 9 13 1 LMS 4312NWS 25666 19 LMP 31287 P 24517 9 8 P 19087P 190873 9 LMS 4067A P 45046 47 LMS 5 PARK 8 22P 72978 NWS 2686 24 13 P 73290P 7329025 17 12 336 P 18811 5 P 23063LMS 753 3 2 10 8P 7329010 P 7329021 P 73290 29 P 73290P 54659 P 65204 11 10 Rem 2 PARK 6 8 1 2 21 25 P 72978 11 3 22 NWS 2582 28 P 73290P 5347512 111 68 P 86477 P 70271 14 27 26 12 15 5 24 18 27 Rem 13P 245177 LMP 3909314 4 22 P 63453P 19087W 1/2 1 9 P 7297811 14 P 73290P 73290BCS 1311 6 228 69 21 PARK 6 1 Subject Property ´ Scale: 1:2,000 12101-208 St APPENDIX A City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Nov 1, 2013 2012-034-DP BY: JV CORPORATION OFTHE DISTRICT OFMAPLE RIDGE FIN A N C E D E P A RT M E N T20685206682067420677 12131 12200 12146 12044 12220 20841208842066020691206 7 220673 12025 12075 12194 12020 207962080412080 12163 2082012174 12186 2083220695 12111 12206 12060 12187 12217 20844208802066412145 12193 12209 12114 12134 12170 12182 12070 12025 12034206752066920676 12157 12199 2070912158 12037 12014 2082512196 2085612122 12015 12053 12065 12079 12101 12024 12050 12072 12108 2066520685206992070112203 12119 12098 12045 12209 208352 0 6 6 8 2068612169 12179 2070512210 12088 2079012088 12201 20868120A AVE.207A S T.208 ST.120B AVE.207A S T.P 7297816 23 30 335 16 15 13 7 1 P 86477 7 15 23 4 7 20 26 51 P 24517P 23063LMP 4151 LMP 4151 4 2 32 12 9 13 1 LMS 4312NWS 25666 19 LMP 31287 P 24517 9 8 P 19087P 190873 9 LMS 4067A P 45046 47 LMS 5 PARK 8 22P 72978 NWS 2686 24 13 P 73290P 7329025 17 12 336 P 18811 5 P 23063LMS 753 3 2 10 8P 7329010 P 7329021 P 73290 29 P 73290P 54659 P 65204 11 10 Rem 2 PARK 6 8 1 2 21 25 P 72978 11 3 22 NWS 2582 28 P 73290P 5347512 111 68 P 86477 P 70271 14 27 26 12 15 5 24 18 27 Rem 13P 245177 LMP 3909314 4 22 P 63453P 19087W 1/2 1 9 P 7297811 14 P 73290P 73290BCS 1311 6 228 69 21 PARK 6 1 District of Maple Ridge´ Scale: 1:2,000 12101-208 St (2011 photography) APPENDIX B District of Maple Ridge TO: His Worship Mayor Ernie Daykin MMEETING DDATE: August 25, 2014 and Members of Council FFILE NO: 2012-034-RZ FROM: Chief Administrative Officer MMEETING: C of W SUBJECT: FFirst and Second Reading Maple Ridge Official Community Plan Amending Bylaw No. 6920 – 2012 Second Reading Maple Ridge Zone Amending Bylaw No. 6921 – 2012 112101 208 Street EXECUTIVE SUMMARY: An application has been received to rezone the subject property, located at 12101 208 Street, from RS-3 (One Family Rural Residential) to RM-1 (Townhouse Residential), to permit the future construction of 8 townhouse units. The proposed RM-1 (Townhouse Residential) zoning complies with the policies of the Official Community Plan (OCP); however, an OCP amendment is required to adjust the area designated Conservation around the watercourses. This application received first reading for Zone Amending Bylaw No. 6921 – 2012 on May 22, 2012. RECOMMENDATIONS: 1.That in accordance with Section 879 of the Local Government Act opportunity for early and on-going consultation has been provided by way of posting Official Community Plan Amending Bylaw No. 6920 – 2012 on the municipal website, and Council considers it unnecessary to provide any further consultation opportunities, except by way of holding a Public Hearing on the bylaw; 2.That Maple Ridge Official Community Plan Amending Bylaw No. 6920 – 2012 be considered in conjunction with the Capital Expenditure Plan and Waste Management Plan; 3.That it be confirmed that Maple Ridge Official Community Plan Amending Bylaw No. 6920 – 2012 is consistent with the Capital Expenditure Plan and Waste Management Plan; 4.That Maple Ridge Official Community Plan Amending Bylaw No. 6920 – 2012 be given first and second readings and be forwarded to Public Hearing; 5.That Maple Ridge Zone Amending Bylaw No. 6921 – 2012 be amended as identified in the staff report dated August 25, 2014, bbe given second reading, and be forwarded to Public Hearing; and APPENDIX C - 2 - 66. That the following terms and conditions be met prior to final reading: i. Approval from the Ministry of Transportation and Infrastructure; ii. Approval from Fortis BC for visitor parking stalls located within Right-of Way; iii. Amendment to Official Community Plan Schedules "B" and “C”; iv. Road dedication as required; v. Removal of the existing buildings; vi. Park dedication as required; vii. A letter assuring that removal of all debris and garbage from park land has occurred; viii. Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of a security, as outlined in the Agreement; ix. Registration of a geotechnical report as a Restrictive Covenant which addresses the suitability of the subject property for the proposed development; x. Registration of a Restrictive Covenant for the Visitor Parking; xi. Registration of a Restrictive Covenant for Tree Protection; xii. Registration of a Restrictive Covenant for the Stormwater Management Plan; and xiii. In addition to the Site Profile, a disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks on the subject property. If so, a Stage 1 Site Investigation Report is required to ensure that the subject property is not a contaminated site. DISCUSSION: a) Background Context: Applicant: Bissky Architecture and Urban Design Inc. Owner: 0929304 B.C. Ltd. Legal Description: Lot 6, District Lots 241 and 242, Group 1, NWD Plan 24517 OCP: Existing: Urban Residential, Conservation Zoning: Existing: RS-3 (One Family Rural Residential) Proposed: RM-1 (Townhouse Residential) - 3 - Surrounding Uses: North: Use: Park, Single Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Conservation, Urban Residential South: Use: Townhouse, Single Family Residential Zone: RM-1 (Townhouse Residential), RS-1 (One Family Urban Residential) Designation: Conservation, Urban Residential East: Use: Townhouse Zone: RM-1 (Townhouse Residential) Designation: Conservation, Urban Residential West: Use: Single Family Residential Zone: RS-1b (One Family Urban (Medium Density) Residential) Designation: Urban Residential Existing Use of Property: Single Family Residential Proposed Use of Property: Townhouse Site Area: 0.64 ha (1.6 acres) Access: 208 Street Servicing requirement: Full Urban Standard Companion Applications: 2012-034-DP/VP and 2013-104-DP bb) Project Description: The subject property is located on the west side of the cul-de-sac of 208 Street, north of Dewdney Trunk Road (see Appendix A). The property slopes down from a level area by the street to creeks on three sides. The sloped areas of the site have a significant number of trees. The applicant is proposing a townhouse development on the relatively level area of the subject property with an on-site strata road from the cul-de-sac. Eight townhouse units are proposed in four duplex-style buildings. Road dedication would be required to complete the cul-de-sac bulb. The balance of the site would be dedicated as Conservation for protection of the environmentally sensitive areas. Applications accompanying this rezoning application include a Watercourse Protection and Natural Features Development Permit application, a Multi-Family Development Permit application, and a Development Variance Permit application. c) Planning Analysis: i. Official Community Plan: The subject property is designated Urban Residential – Neighbourhood Residential category in the OCP. Single detached dwellings will remain the predominant housing form within neighbourhoods; however, other housing forms are possible, subject to compliance with the Neighbourhood Residential Infill policies. This proposed rezoning to RM-1 (Townhouse Residential) and townhouse development consisting of four duplex buildings is in compliance with the Zoning Matrix in Appendix - 4 - C of the OCP; however, an OCP amendment is required to adjust the area designated Conservation around the watercourses (see Appendix B). ii. Zoning Bylaw: The subject property is proposed to be rezoned from RS-3 (One Family Rural Residential) to RM-1 (Townhouse Residential) to permit the development of 8 townhouse units (see Appendix C). A preliminary review of the plans indicates that the proposal generally complies with the Zoning Bylaw; however, several variances will be requested, as outlined below. Map No. 1568, attached to the bylaw has been amended from when it was first presented at first reading, to reflect the area that is being dedicated as Conservation. iii. Proposed Variances: A Development Variance Permit application has been received for this project and involves the following variances (see Appendix D): 1. To vary the minimum front yard setback from 7.5 m to 1.4 m; 2. To vary the minimum rear yard setback from 7.5 m to 5.8 m; 3. To vary the minimum interior yard setback (south) from 4.5 m to 0 m; 4. To vary the minimum interior yard setback (north) from 4.5 m to 1.8 m; 5. To vary the maximum retaining wall height to be greater than 1.2 m; and 6. To vary the maximum building height from 10.5 m nor 2.5 storeys to 10.6 m and 3 storeys for Buildings 1 and 2; to 11.0 m and 3 storeys for Building 3; and to 11.5 m and 3 storeys for Building 4. The requested variances to the RM-1 (Townhouse Residential) zone will be the subject of a future report to Council. iv. Off-Street Parking and Loading Bylaw: The Off-Street Parking and Loading Bylaw No. 4350 – 1990 requires 2 parking spaces per unit and 0.2 spaces per unit to be provided as visitor parking spaces, which for 8 units, amounts to a total of 16 residential parking spaces and 2 visitor parking spaces. Tandem garages are provided for each of the units, providing the required 16 residential parking spaces. The aprons for the units range from approximately 2 m to 4 m and are not long enough to accommodate a small vehicle. Two visitor parking spaces are provided. It should be noted that this development application was received in 2012, prior to the direction to review tandem parking in multi-family developments. v. Development Permits: Pursuant to Section 8.7 of the OCP, a Multi-Family Development Permit application is required to ensure the current proposal enhances existing neighbourhoods with compatible housing styles that meet diverse needs, and minimize potential conflicts with neighbouring land uses. Accordingly, prior to final zoning approval, the Development Permit must be reviewed and approved. An application for the Development Permit has been received. Adherence of this project to the guidelines will be the subject of a future report to Council. Pursuant to Sections 8.9 and 8.10 of the OCP, a Watercourse Protection and Natural Features Development Permit application has been received to ensure the preservation and protection of the natural environment of McKenney Creek, its tributaries, and the adjacent slopes. The developer will - 5 - provide restoration, enhancement and replanting works as required, and a security will be taken as a condition of the issuance of the Development Permit to ensure that the Development Permit Area guidelines are met. Prior to final zoning approval, the Development Permit must be reviewed and approved. vvi. Advisory Design Panel: The Advisory Design Panel (ADP) reviewed the form and character of the proposed development and the landscaping plans at a meeting held on June 10, 2014. Following presentations by the project Architect and Landscape Architect, the ADP made the following resolutions: x Consider a more substantial entry in the building units. x Consider a quality material for the soffits. x Consider a common refuse area on the east of visitor parking stall number 2. x Consider more interest on the staircase down to the common activity area and consider accessibility. x Consider a natural seating area for interest in the common activity area that may include rocks or logs. x Consider more interest in the retaining wall by stepping the retaining wall and softening the façade. The ADP concerns have been addressed and are reflected in the current plans (see Appendices E and F). A detailed description of how these items were incorporated into the final design will be the subject of a future report to Council. d) Environmental Implications: The Environmental Impact Assessment Report has been reviewed, including the Habitat Enhancement Strategy, the Tree Evaluation Report, the Geotechnical Report, and the Stormwater Management plan. The geotechnical consultant is to coordinate their recommendations with the environmental consultant, civil engineer, and arborist to ensure the environmental objectives are achieved. Restoration measures with a cost estimate and security deposit are required, including a five-year maintenance period. e) Traffic Impact: As the subject property is located within 800 m of the Lougheed Highway, a referral has been sent to the Ministry of Transportation and Infrastructure. Ministry approval of the Zone Amending Bylaw No. 6921 – 2012 will be required as a condition of final reading. At this time, the Ministry has granted preliminary approval of the development application. - 6 - ff) Outside Agencies A Statutory Right-of-Way for a Fortis BC gas pipeline is located across the south portion of the subject property. Approval from Fortis BC will be required for the two visitor parking stalls located within the Statutory Right-of-Way area. A referral was sent to Fortis BC on June 19, 2014. g) Interdepartmental Implications: i. Engineering Department: The Engineering Department has identified that all the services required in support of this development do not yet exist. It will be necessary for the owner to enter into a Rezoning Servicing Agreement and provide the securities to do the required work in that Agreement. Required servicing include: x Dedicating and constructing the remainder of the cul-de-sac at the end of 208 Street, complete with a roll-over curb and catch-basin; x Upgrading the existing sanitary sewer service connection; x Ensuring the storm service connection fronting the subject property is of adequate capacity; x Providing street trees where possible; x Removing existing overhead services; and x Providing an adequately-sized water service connection. ii. Parks Planning and Development: The Parks Planning and Development Section has reviewed the development application and supports the park dedication for watercourse protection purposes. iii. Fire Department: The Fire Department has identified that all onsite carriageways must be a minimum width of 6 m and rated to their specifications, which were provided to the developer. Signage indicating that the lanes are fire lanes and that no parking is permitted within the lanes is required. A unit directional addressing sign, which is visible day and night, is to be permanently mounted at the main entrance. The cul-de-sac will be required to have “No Parking” signs installed prior to occupancy. iv. Licences, Permits and Bylaws Department: The Licences, Permits and Bylaws Department has reviewed the development application and has provided comments related to Building Code requirements which have been provided to the developer. These comments will be reviewed again at the Building Permit stage. h) School District Comments: Pursuant to Section 881 of the Local Government Act, consultation with School District No. 42 is required at the time of preparing or amending the OCP. A referral was sent to School District No. 42 on August 11, 2014. - 7 - ii) Intergovernmental Issues: i. Local Government Act: An amendment to the OCP requires the local government to consult with any affected parties and to adopt related bylaws in compliance with the procedures outlined in Section 879 of the Local Government Act. The amendment required for this application, to designate additional area around the watercourse as Conservation, is considered to be minor in nature. It has been determined that no additional consultation beyond existing procedures is required, including referrals to the Board of the Regional District, the Council of an adjacent municipality, First Nations, the School District or agencies of the Federal and Provincial Governments. The amendment has been reviewed with the Financial Plan/Capital Plan and the Waste Management Plan of the Greater Vancouver Regional District and determined to have no impact. CONCLUSION: It is recommended that first and second reading be given to Maple Ridge Official Community Plan Amending Bylaw No. 6920 – 2012, that second reading be given to Maple Ridge Zone Amending Bylaw No. 6921 - 2012, and that application 2012-034-RZ be forwarded to Public Hearing. “Original signed by Michelle Baski”_________________ Prepared by: Michelle Baski, AScT Planning Technician “Original signed by Christine Carter”___________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Christine Carter”_____________for_____ Approved by: Frank Quinn, MBA, P.Eng. GM: Public Works & Development Services “Original signed by J.L. (Jim) Rule”______________________ Concurrence: J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – OCP Amending Bylaw No. 6920 – 2012 Appendix C – Zone Amending Bylaw No. 6921 – 2012 Appendix D – Site Plan Appendix E – Building Elevations Appendix F – Landscaping Plans City of Pitt Meadows District of Langley District of MissionFRASER R. ^ DATE: Nov 1, 2013 2012-034-DP BY: JV CORPORATION OF THE DISTRICT OF MAPLE RIDGE FINANCE DEPARTMENT0685206682067420677 12131 12200 12146 12044 2084120884206602069120 6 7 220673 12025 12075 12194 12020 207962080412080 12163 2082012174 12186 2083220695 12111 12206 12060 12187 12217 20844208802066412145 12193 12209 12114 12134 12170 12182 12070 12025 120342066920676 12157 12199 2070912158 12037 12014 082512196 2085612122 12015 12053 12065 12079 12101 12024 12050 12072 12108 20665685 206992070112203 12119 12098 12045 12209 20835206682068612169 12179 2070512210 12088 2079012088 12201 20868E.207A ST.208 ST.120B AVE.207A ST.P 7297816 23 30 335 16 15 13 7 1 5 23 4 7 20 26 51 P 24517P 23063LMP 4151 LMP 4151 4 2 32 12 9 13 1 LMS 4312NWS 25666 19 LMP 31287 P 24517 9 8 P 19087P 19083 9 LMS 4067 A P 45046 47 LMS 5 8 22978 WS 2686 24 13 P 73290P 7329025 17 12 336 P 18811 5 P 23063LMS 753 3 2 10 8P 7329010 P 7329021 P 73290 29 P 73290P 54659 P 65204 11 10 Rem 2 PA RK 6 8 1 2 25 P 72978 11 3 22 NWS 2582 28 P 73290P 53475111 68 P 86 0271 14 26 12 15 5 24 18 27 Rem 13P 245177 LMP 3909314 4 22 P 63453P 190879 P 7297811 14 P 73290P 73290BCS 1311 6 228 69 21 PA RK 6 1 Subject Property ´ Scale: 1:2,000 12101-208 St CCORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6920 – 2012 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, EENACTS AS FOLLOWS: 1. This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending Bylaw No. 6920 – 2012 2. Schedule "B" is hereby amended for that parcel or tract of land and premises known and described as: Lot 6 District Lots 241 and 242 Group 1 New Westminster District Plan 24517 and outlined in heavy black line on Map No. 830, a copy of which is attached hereto and forms part of this Bylaw, is hereby amended by adding Conservation. 3. Schedule “C” is hereby amended for that parcel or tract of land and premises known and described as: Lot 6 District Lots 241 and 242 Group 1 New Westminster District Plan 24517 and outlined in heavy black line on Map No. 885, a copy of which is attached hereto and forms part of this Bylaw, is hereby amended by adding Conservation. 4. Maple Ridge Official Community Plan Bylaw No. 6425 – 2006 is hereby amended accordingly. READ A FIRST TIME the day of , 2014. READ A SECOND TIME the day of , 2014. PUBLIC HEARING HELD the day of , 2014. READ A THIRD TIME the day of , 2014. RECONSIDERED AND FINALLY ADOPTED , the day of , 2014. ___________________________________ _____________________________ PRESIDING MEMBER CORPORATE OFFICER 20 6 7 220673 2070112025 12020 12024 12050 12187 206642066812193 12119 12194 12088 12065 12034 12186 208442088420695 20677 12131 12145 12169 12209 12122 12170 2079612037 12079 12108 2085612053 12060 12196 2083212199 2070512203 12206 12182 12098 2079012201 2067485 20676 12157 12070 12101 12044 12163 2083520868206692069912075 12158 12134 12146 2080412209 12174 2068612179 12111 2070912200 12114 12210 12045 12072 12080 12088 2082020880207A ST.208 ST..207A ST.120B AVE. 10 12 8 11 13 15 NWS 25665 27 P 54659 335 P 24517PARKP 5347515 69 P 864 9P 729783 10 23 P 24517 11 7 7 P 23063P 230635P 63453271 2 P 732909029 26 LMP 31287 9 228 8 P 8 P 7297824 P 7329025 19 NWS 2582 17 LMS 4067 A P 45046 47 LMS 753 LMP 4151 2 P 2 11 316 22 P 73290451716 4 6 68 21 1 978 14 26 32 P 732909P 7329014 16 2 4 P 73290 28 30 6 LMP 39093P18811 5 22 PARKP 190874 25 WS 2686 23 P 7329024 21 20 12 10 336 14 9 111LMS 1 3 6 72978 13 12 7 18 P 732908 P 190873 LMP 4151SKILLEN ST.WICKLUND AVE. ´ Bylaw No. Map No. From: To: Urban Residential Conservation 6920-2012 830 1:2,000 Urban Area Boundary MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING 20 6 7 220673 2070112025 12020 12024 12050 12187 206642066812193 12119 12194 12088 12065 12034 12186 208442088420695 20677 12131 12145 12169 12209 12122 12170 2079612037 12079 12108 2085612053 12060 12196 2083212199 2070512203 12206 12182 12098 2079012201 2067485 20676 12157 12070 12101 12044 12163 2083520868206692069912075 12158 12134 12146 2080412209 12174 2068612179 12111 2070912200 12114 12210 12045 12072 12080 12088 2082020880207A ST.208 ST..207A ST.120B AVE. 10 12 8 11 13 15 NWS 25665 27 P 54659 335 P 24517PARKP 5347515 69 P 864 9P 729783 10 23 P 24517 11 7 7 P 23063P 230635P 63453271 2 P 732909029 26 LMP 31287 9 228 8 P 8 P 7297824 P 7329025 19 NWS 2582 17 LMS 4067 A P 45046 47 LMS 753 LMP 4151 2 P 2 11 316 22 P 73290451716 4 6 68 21 1 978 14 26 32 P 732909P 7329014 16 2 4 P 73290 28 30 6 LMP 39093P18811 5 22 PARKP 190874 25 WS 2686 23 P 7329024 21 20 12 10 336 14 9 111LMS 1 3 6 72978 13 12 7 18 P 732908 P 190873 LMP 4151SKILLEN ST.WICKLUND AVE. ´ Bylaw No. Map No. Purpose:To Add to Conservation on Schedule C 6920-2012 885 1:2,000 Urban Area Boundary MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING CCORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6921 – 2012 A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 - 1985 as amended ___________________________________________________________ WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 – 1985 as amended; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, EENACTS AS FOLLOWS: 1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6921 – 2012." 2. That parcel or tract of land and premises known and described as: Lot 6 District Lots 241 and 242 Group 1 New Westminster District Plan 24517 and outlined in heavy black line on Map No. 1568, a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to RM-1 (Townhouse Residential). 3. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the 22nd day of May, 2012. READ a second time the day of , 2014. PUBLIC HEARING held the day of , 2014. READ a third time the day of , 2014. APPROVED by the Minister of Transportation this day of , 2014. RECONSIDERED AND FINALLY ADOPTED, the day of , 2014. _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER 20 6 7 220673 2070112025 12020 12024 12050 12187 206642066812193 12119 12194 12088 12065 12034 12186 208442088420695 20677 12131 12145 12169 12209 12122 12170 2079612037 12079 12108 2085612053 12060 12196 2083212199 2070512203 12206 12182 12098 2079012201 2067485 20676 12157 12070 12101 12044 12163 2083520868206692069912075 12158 12134 12146 2080412209 12174 2068612179 12111 2070912200 12114 12210 12045 12072 12080 12088 2082020880207A ST.208 ST..207A ST.120B AVE. 10 12 8 11 13 15 NWS 25665 27 P 54659 335 P 24517PARKP 5347515 69 P 864 9P 729783 10 23 P 24517 11 7 7 P 23063P 230635P 63453271 2 P 732909029 26 LMP 31287 9 228 8 P 8 P 7297824 P 7329025 19 NWS 2582 17 LMS 4067 A P 45046 47 LMS 753 LMP 4151 2 P 2 11 316 22 P 73290451716 4 6 68 21 1 978 14 26 32 P 732909P 7329014 16 2 4 P 73290 28 30 6 LMP 39093P18811 5 22 PARKP 190874 25 WS 2686 23 P 7329024 21 20 12 10 336 14 9 111LMS 1 3 6 72978 13 12 7 18 P 732908 P 190873 LMP 4151 LMP 5263 EP 88 RW 22EP 73291RW 22050 LMP 4152 RW 18394 EP 46757 LMP 5047RW 72980EP 78607 LMP 12 EP 73292EP 72979 EP 73291 LMP 1286LMP 88221RW 86795LMP 39094EP 723523LM EP BCP 52097292907492EP 73291EP 73292LMP 4231SKILLEN ST.WICKLUND AVE. ´ SCALE 1:2,000 MAPLE RIDGE ZONE AMENDING Bylaw No. Map No. From: To: RS-3 (One Family Rural Residential) RM-1 (Townhouse Residential) 6921-2012 1568 - 1 - City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: September 14, 2015 and Members of Council FILE NO: 2013-080-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Rezoning – First Extension Zone Amending Bylaw No.7027-2013 24086 104 Avenue EXECUTIVE SUMMARY: The applicant for the subject property, located at 24086 104 Avenue, has applied for an extension to rezoning application 2013-080-RZ under Maple Ridge Development Procedures Bylaw No. 5879- 1999. This application is to permit 18 townhouse units under the RM-1 (Townhouse Residential) zone. The proposed RM-1 (Townhouse Residential) zoning complies with the Official Community Plan. RECOMMENDATION: That a one year extension be granted for rezoning application 2013-080-RZ, and that the following conditions be addressed prior to consideration of 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.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; iii.Registration of a Cross Access Easement Agreement at the Land Title Office; iv.Registration of a Restrictive Covenant at the Land Title Office protecting the Visitor Parking v.Removal of the existing buildings; vi.A disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks. 1107 - 2 - DISCUSSION: a) Background Context: Applicant: Homestead Developments Ltd. Owner: Homestead Developments Ltd. Legal Description: Lot 7, Section 3, Township 12, Plan: NWP11176 OCP: Existing: Medium Density Residential Zoning: Existing: RS-3 (One Family Rural Residential) Proposed: RM-1 (Townhouse Residential) Surrounding Uses: North: Use: Residential Zone: RS-2 (One Family Suburban Residential) and RS-3 (One Family Rural Residential) Designation: Medium Density Residential South: Use: Residential Zone: RS-3 (One Family Rural Residential), RS-2 (One Family Suburban Residential) Designation: Medium Density Residential East: Use: Residential Zone: RS-3 (One Family Rural Residential) Designation: Medium Density Residential West: Use: Residential Zone: RS-2 (One Family Suburban Residential) Designation: Medium Density Residential Existing Use of Property: Single Family Residential Proposed Use of Property: Multi-Family Residential Site Area: 0.4 hectares (1.0 acre) Servicing requirement: Urban Standard This application is to permit 18 townhouse units. The following dates outline Council’s consideration of the application and Bylaw 7027-2013:  First reading was considered and granted on September 24, 2013;  Second reading was considered and granted on July 22, 2014;  Public Hearing was held September 16, 2014; and  Third reading was granted on September 30, 2014. - 3 - Application Progress: Since third reading was granted on September 30, 2014, the subject property has been sold to a new owner. The applicant’s lawyer has prepared most of the legal documents required prior to final reading; however, the rezoning servicing agreement is not yet finalized. The applicant is also in the process of demolishing the existing single family house. It is anticipated that the applicant will be completing the terms and conditions of the application this year. Alternatives: Council may choose one of the following alternatives: 1.Grant the request for extension; 2.Deny the request for extension; or 3.Repeal third reading of the bylaw and refer the bylaw to Public Hearing. CONCLUSION: The applicant has been actively pursuing the completion of this rezoning application and has applied for a one year extension to rezoning application 2013-080-RZ under Maple Ridge Development Procedures Bylaw No. 5879-1999. This application is to permit 18 townhouse units under the RM-1 (Townhouse Residential) zone. It is recommended that a one year extension to rezoning application 2013-080-RZ be granted. “Original signed by Amelia Bowden” _______________________________________________ Prepared by: Amelia Bowden Planning Technician “Original signed by Christine Carter” _______________________________________________ Approved by: Christine Carter, M.PL, MCIP Director of Planning “Original signed by Christine Carter” for _______________________________________________ Approved by: Frank Quinn, MBA, P. Eng GM: Public Works & Development Services “Original signed by Kelly Swift” _______________________________________________ Concurrence: Kelly Swift Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map & Ortho Map Appendix B – Second Reading Report City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Aug 9, 2013 2013-080-RZ BY: JV 24086-104th Ave CORPORATION OFTHE DISTRICT OFMAPLE RIDGE PLANNING DEPARTMENT 10310 10322 10352 10325 10331 2416410307 2409310316 10332 10346 10386 10420 1034324028 24027241562402210337 10355 2406110328 10358 103362406010349 2410810340 10319 2408610366 10313 103 AVE.240A ST.104 AVE. 10 1718 PARK K 3 A P 22743 45 8 13 P 11176 BCP 36407 7 PARK LMP 48057 19 P 20434 3 6 7 11 15 P 14750 P 14750 4 1 14 Rem D Rem 7 BP 13554 4 2 BCP 36407A P 9393 BCP 3139 BCP 1010 9 P 21769 12 16 NWP7139 P 13554 8 B A PARK Subject Property ´ Scale: 1:1,500 APPENDIX A City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Sep 24, 2013 FILE: 2013-080-RZ BY: PC CORPORATION OF THE DISTRICT OF MAPLE RIDGE FINANCE DEPARTMENT SUBJECT PROPERTY District of Maple Ridge´ Scale: 1:1,500 24086 104 AVENUE SKRWRJUDSK\ APPENDIX B District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: July 21, 2014 and Members of Council FILE NO: 2013-080-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Second Reading Maple Ridge Zone Amending Bylaw No.7027-2013 24086 104 Avenue EXECUTIVE SUMMARY: An application has been received to rezone the subject property from RS-3 (One Family Rural Residential) to RM-1 (Townhouse Residential), to permit a future development of 18 townhouse units. The proposed RM-1 (Townhouse Residential) zoning complies with the Official Community Plan. This application is in compliance with the Official Community Plan. This application received first reading for Zone Amending Bylaw No. 7027-2013 on September 23, 2013. RECOMMENDATIONS: 1.That Maple Ridge Zone Amending Bylaw No. 7027-2013 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.Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of a security, as outlined in the Agreement; ii.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; iii.Registration of a Cross Access Easement Agreement at the Land Title Office; iv. Registration of a Restrictive Covenant at the Land Title Office protecting the Visitor Parking v.Removal of the existing building s; vi. A disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks. APPENDIX C - 2 - DISCUSSION: a) Background Context: Applicant: Tejinder Saluja Owner: Tejinder Saluja Legal Description: Lot 7, Section 3, Township 12, Plan: NWP11176 OCP: Existing: Medium Density Residential Zoning: Existing: RS-3 (One Family Rural Residential) Proposed: RM-1 (Townhouse Residential) Surrounding Uses: North: Use: Residential Zone: RS-2 (One Family Suburban Residential) and RS-3 (One Family Rural Residential) Designation: Medium Density Residential South: Use: Residential Zone: RS-3 (One Family Rural Residential), RS-2 (One Family Suburban Residential) Designation: Medium Density Residential East: Use: Residential Zone: RS-3 (One Family Rural Residential) Designation: Medium Density Residential West: Use: Residential Zone: RS-2 (One Family Suburban Residential) Designation: Medium Density Residential Existing Use of Property: Single Family Residential Proposed Use of Property: Multi-Family Residential Site Area: 0.4 hectares (1.0 acre) Servicing requirement: Urban Standard b) Project Description: The proposed townhouse development is comprised of three buildings: one at the northern end of the property, one on the west side, and one on the east side. The northern building contains four units, while the east and west buildings each propose seven units, for a total of 18 units. Eleven of the units contain four bedrooms, and the remaining units have three bedrooms. There are a total of six different floor plans available. The units range in size from 129 m 2 (1390 ft2) for the three bedroom units up to 141 m2 (1520 ft2) for the larger four bedroom units. The vehicle access point is located on 104 Avenue and will be shared with the townhouse development to the east. A cross - 3 - access easement is required to allow residents of both developments to enter and exit across the adjacent property. All 18 units have been designed with a double car parking arrangement, additionally, building one on the east side includes driveway aprons with sufficient parking width and depth for two additional vehicles per unit. The buildings are three storeys in height. Three visitor parking spaces are located close to the entry point into the development. c) Planning Analysis: Official Community Plan: The subject property is located within the Albion Area Plan, and is subject to the regulations as outlined in the Official Community Plan. The Area Plan designation for the subject property is Medium Density Residential, which allows for a range of housing styles and densities, including townhouses. The proposed rezoning to RM-1 (Townhouse Residential) is in compliance with the regulations of the Official Community Plan. Zoning Bylaw: The current application proposes to rezone the property located at 24086 104 Avenue from RS-3 (One Family Rural Residential) to RM-1 (Townhouse Residential) to permit the construction of 18 residential townhouse units. The applicant has requested a variance to increase the height of the proposed building and reduce the front yard setback. Proposed Variances: A Development Variance Permit application has been received for this project and involves the following relaxations: 1. Maple Ridge Zoning Bylaw No. 3510 -1985, Part 6, Section 602, 6a), to reduce the front yard setback from 7.5 to 4.5 metres; 2. Maple Ridge Zoning Bylaw No. 3510 -1985, Part 6, Section 602,7a), to increase the height from 10.5 metres and 2.5 storeys to 11 metres and 3 storeys. 3. Maple Ridge Off-Street Parking And Loading Bylaw No. 4350-1990. ‘Schedule A’ 1c), to reduce the required number of visitor parking spaces from 4 to 3. The requested variances are supported by the Planning Department, and will be the subject of a future report to Council. Off-Street Parking and Loading Bylaw: The proposed development has 18 townhouse units, each requiring two parking spaces per dwelling unit, and 0.2 visitor parking spaces per unit according to the Maple Ridge Off-Street Parking and Loading Bylaw No. 4350-1990. Therefore, 36 off-street parking spaces and four visitor spaces are required. All of the 18 townhouse units have a double car garage, and building 1 on the east side has driveway aprons of sufficient width and depth that can accommodate an additional two parking spaces. The applicant has requested a variance for the visitor parking space requirement from four to three visitor parking spaces. - 4 - Development Permits: Pursuant to Section 8.7 of the Official Community Plan, a Multi-Family Development Permit application is required to ensure the current proposal enhances existing neighbourhoods with compatible housing styles that meet diverse needs, and minimize potential conflicts with neighbouring land uses. Advisory Design Panel: The Advisory Design Panel reviewed the form and character of the proposed townhouse development and the landscaping plans at a meeting held December 10, 2013. Following presentations by the project Architect and Landscape Architect, the Advisory Design Panel resolved that: The application be supported and the following concerns be addressed as the design develops and submitted to Planning staff for follow-up:  Confirm FSR calculations to determine if more space can be allotted for building entries.  Provide architectural treatment and possible glass panels on garage doors and entry doors.  Look at reducing building overhang on visitor parking.  Consider contrasting surface treatment at building entries.  Consider more robust landscape treatment at main vehicle entry.  Look into providing pedestrian connection to adjacent site.  Consider reducing setback along east property line and provide sidewalk in front of building 2.  Provide pedestrian connection to 104th.  Consider alternate border/fence treatment along east property line with a lower profile.  Consider adjusting landscape alignment of retaining walls with a clear integration along adjacent property.  Consider relocation entry gate to child play area so as not to interfere with parking.  Consider increasing child play area with a possible reduction to the patio.  Consider entry element to amenity area.  Provide combined site sections through both the development sites. The Advisory Design Panel concerns have been addressed and the architectural plans have been revised. d) Interdepartmental Implications: Engineering Department: The Engineering Department has reviewed the development proposal and has determined that servicing upgrades are required along 104 Avenue, therefore a Rezoning Servicing Agreement is required prior to final approval of the rezoning application. - 5 - Fire Department: The Fire Department has reviewed the strata road circulation pattern in terms of emergency access and fire truck turning radii, and is satisfied with the development proposal. Detailed fire requirements will be provided through the Building Permit application process. CONCLUSION: The proposed application is in compliance with the Official Community Plan. It is recommended that second reading be given to Maple Ridge Zone Amending Bylaw No. 7027-2013, and that application 2013-080-RZ be forwarded to Public Hearing. “Original signed by Amelia Bowden” ___________________________________________ Prepared by: Amelia Bowden Planning Technician “Original signed by Chuck Goddard” for _______________________________________________ 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 Jim Rule” _______________________________________________ Concurrence: J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Zone Amending Bylaw No. 7027-2013 Appendix C – Site Plan Appendix D – Building Elevation Plans Appendix E– Landscape Plans City of PittMeadows District of Langley District of MissionFRASER R. ^ DATE: Aug 9, 2013 2013-080-RZ BY: JV 24086-104th Ave CORPORATION OF THE DISTRICT OF MAPLE RIDGE PLANNING DEPARTMENT 10310 10322 10352 10325 10331 2416410307 2409310316 10332 10346 10386 10420 1034324028 24027241562402210337 10355 2406110328 10358 103362406010349 2410810340 10319 2408610366 10313 103 AVE.240A ST.104 AVE. 10 17 18 PARK K 3 A P 22743 4 5 8 13 P 11176 BCP 36407 7 PARK LMP 48057 19 P 20434 3 6 7 11 15 P 14750 P 14750 4 1 14 Rem D Rem 7 B P 13554 4 2 BCP 36407A P 9393 BCP 3139 BCP 1010 9 P 21769 12 16 NWP7139 P 13554 8 B A PARK Subject Property ´ Scale: 1:1,500 CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 7027-2013 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. 7027-2013." 2.That parcel or tract of land and premises known and described as: Lot 7 Section 3 Township 12 New Westminster District Plan 11176 and outlined in heavy black line on Map No. 1596 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to RM-1 (Townhouse Residential). 3.Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the 24th day of September, 2013. READ a second time the day of , 20 PUBLIC HEARING held the day of , 20 READ a third time the day of , 20 RECONSIDERED AND FINALLY ADOPTED, the day of , 20 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER 10337 10310 10322 10352 10325 10331 2416410291 10307 240932417210316 10332 10346 10386 10420 1034324028 2402724156241762402210337 10355 24061241772413710389 10328 10358 1033624060 2417810349 2410810340 10456 10319 240862417010366 10313 24171240 ST.103 AVE.241B ST.240A ST.104 AVE. 10 17 18 PARK K 3 P 10921 A P 22743 4 5 8 Rem 1 13 P 11176 LMP 51757 BCP 36407 7 PARK LMP 48057 19 P 20434 P 1486423 C 3 6 7 11 15 P 14750 P 14750 4 PARK 24 1 P 8149 14 Rem D Rem 7 B P 13554 9 4 1 2 BCP 36407A P 10921 18 P 9393 BCP 3139 BCP 14595 BCP 1010 2 21 9 P 21769 12 16 NWP7139 P 13554 8 45 17 22 B A PARKBCP 36408BCP 36409 EP 51519´ SCALE 1:2,000 MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From: To: RS-3 (One Family Rural Residential) RM-1 (Townhouse Residential) 7027-20131596 INTEGRA ARCHITECTURE INC.416 WEST PENDER STREETVANCOUVER, BC V6B 1T5T 604.688.4220 F 604.688.4270info@integra-arch.comwww.integra-arch.com⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿Copyright reserved. This drawing and design is and at alltimes remains the exclusive property of INTEGRAARCHITECTURE INC. and cannot be used without theArchitect's consent.[ T I T L E ][ P R O J E C T ][ D A T E ][ S C A L E ][ I S S U E ][ D R A W I N G ][ P R O J E C T ][ C L I E N T ][ A R C H I T E C T S E A L ]Tejinder Saluja24086 104th Avenue12297July 2, 2014-TownhomeDevelopment1:200A-1.000SITE PLANMaple Ridge, BC4.506.407.504.504.506.1013.4114.336.106.4129.3610.877.324.7351.3116.36 9.30 5.187.589.3014.339.306.144.7351.3115.75 9.30 5.797.618.066.116.574.734.735.185.7910.876.10R 10.82R 10.8258.21 m2DG. 24.9181'-9"DG. 24.3079'-9"DG. 26.7187'-8"DG. 27.6190'-7"DG. 27.8091'-2"DG. 27.3589'-2"DG. 25.8184'-8"DG. 27.0888'-10"DG. 26.8888'-2"DG. 25.9885'-3"DG. 26.9888'-6"DG. 26.4386'-9"DG. 25.5383'-9"6m SETBACK4.5m SETBACKPROPERTY LINE7.5m SETBACKPROPERTY LINE4.5m SETBACK4.5m SETBACKPROPERTY LINEDG. 26.7287'-8"23.6023.9224.2424.5524.8725.1925.5125.8326.1526.4726.7927.1127.4324.14(future CL grade)24.33(future 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INVERTASPHALTDRIVEWAYcn30.48rb30.48chk25.40chkchk30.49chk25253030353535 30DDCC DDBBBBAAAAA2A2A1A1A1A1A1B2B2B1B1B1B1B1C2 C1 C1 C20° 06' 09"46.643m9° 07' 27"86.870mV1V4V5V7V6V9V8V11V10V13V12V15V14V17V16OUTDOORAMENITY SPACEEL. 24.3027.08X TW 31.25BW 30.35X TW 25.60BW 24.60X TW 29.95BW 28.95X TW 29.85BW 28.75RAINGARDENX TW 24.80BW 23.65X TW 24.00BW 22.8023.1522.02X TW 25.20BW 24.1525.5025.7525.10X TW 24.40BW 23.3524.70X TW 24.00BW 22.8024.3024.3024.3023.7524.97X TW 22.85BW 22.09TW 24.00 xBW 22.80TW 23.25 xBW 22.0524.3025.6525.9024.6928.6328.9829.9530.9131.2731.2731.27X TW 30.90BW 29.95X TW 24.00BW 22.80MSC541600P 30.3529.3028.2527.3326.9825.9626.2327.43MSC541600P MAILV2 V34.5%1%9%7.5%BUILDING 1 85'-6" 84'-10"25.8694'-5" 86'-8" 86'-0"26.2195'-7" 87'-10" 87'-2"26.5798'-9" 89'-0" 88'-4"26.92101'-11" 90'-2" 89'-6"27.28103'-1" 90'-2" 89'-6"27.28103'-1"90'-2" 89'-6"27.28103'-1" 85'-0" 84'-4"25.7081'-0" 89'-8" 89'-0"27.1385'-8" 89'-8" 89'-0"27.1385'-8" 89'-8" 89'-0"27.1385'-8" 88'-6" 87'-10"26.7784'-6" 87'-4" 86'-8"26.4283'-4" 86'-2" 85'-6"26.0682'-2"BUILDING 378'-8"80'-6"82'-8"82'-0"24.9984'-6"83'-10"25.5582'-4"86'-4"85'-8"26.1184'-2"88'-2"87'-6"26.67N ColourManufacturerColour to match...Reference No. ElementsColourManufacturerColour to match...Reference No. ElementsINTEGRA ARCHITECTURE INC.416 WEST PENDER STREETVANCOUVER, BC V6B 1T5T 604.688.4220 F 604.688.4270info@integra-arch.comwww.integra-arch.com⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿Copyright reserved. This drawing and design is and at alltimes remains the exclusive property of INTEGRAARCHITECTURE INC. and cannot be used without theArchitect's consent.[ T I T L E ][ P R O J E C T ][ D A T E ][ S C A L E ][ I S S U E ][ D R A W I N G ][ P R O J E C T ][ C L I E N T ][ A R C H I T E C T S E A L ]EGHJKLFMDCBATejinder Saluja24086 104th Avenue12297Nov. 15, 20135TownhomeDevelopment1:100A-2.013BUILDING 1ELEVATIONSMaple Ridge, BCBUILDING 1 - EAST ELEVATION3NKEY PLAN312104 A V E N U EBUILDING 1 - SOUTH ELEVATION2BUILDING 1 - NORTH ELEVATION41BUILDING 1 - WEST ELEVATIONMATERIAL & COLOUR LEGEND (BROWN SCHEME)52112-30Stone BrownVinyl WindowsBenjamin MooreBenjamin MooreBenjamin MooreSupermelPower CoatingsWhiteGentek AluminumColoursMakin Metals LtdPrepainted FlashingSlateStandard ColourCharcoalHS 410- 943SRideau BrownAluminum picket railingWood trim, wood columns, fascia,floor edge, louversEntry doors to suitesFlashings at balcony edge,roof edgeWindow/ door trims, garage doorWindows2134-20Midsummer NightOC- 47AshwoodGutters, downspoutsAmarrStratford CollectionGarage doorsSandstoneWhiteDark BrownLight BeigeDark BrownBlackDark GreyDark GreyLight BrownPabcoLaminated Asphalt Shinglesat Sloped RoofsPremier 30Weathered WoodBlack/GreyLinenGentek Vinyl Board & Batten Siding3rd floor exterior wallsLight BeigePebble KakiGentek Vinyl Siding 1st, 2nd, & 3rd floorexterior wallsLight BrownBenjamin MooreCC-510BuckhornHardi Shingles @walls, gable ends & columnsDark Brown ColourManufacturerColour to match...Reference No. ElementsColourManufacturerColour to match...Reference No. ElementsSage2054-10Bavarian Forest2139-30SharkskinGreyINTEGRA ARCHITECTURE INC.416 WEST PENDER STREETVANCOUVER, BC V6B 1T5T 604.688.4220 F 604.688.4270info@integra-arch.comwww.integra-arch.com⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿Copyright reserved. This drawing and design is and at alltimes remains the exclusive property of INTEGRAARCHITECTURE INC. and cannot be used without theArchitect's consent.[ T I T L E ][ P R O J E C T ][ D A T E ][ S C A L E ][ I S S U E ][ D R A W I N G ][ P R O J E C T ][ C L I E N T ][ A R C H I T E C T S E A L ]9.301.222.723.022.46EGHJKLFMDCBATejinder Saluja24086 104th Avenue12297Nov. 15, 20135TownhomeDevelopmentA-2.023BUILDING 2ELEVATIONSMaple Ridge, BCNKEY PLAN312104 A V E N U E1:100BUILDING 2 - WEST ELEVATION3BUILDING 2 - NORTH ELEVATION24BUILDING 2 - SOUTH ELEVATIONUNIT B2CDFGJKLE1BUILDING 2 - EAST ELEVATIONMATERIAL & COLOUR LEGEND (GREEN SCHEME)52112-30Stone BrownVinyl WindowsBenjamin MooreBenjamin MooreBenjamin MooreSupermelPower CoatingsWhiteGentek AluminumColoursMakin Metals LtdPrepainted FlashingSlateStandard ColourCharcoalHS 410- 943SRideau BrownAluminum picket railingWood trim, wood columns, fascia,floor edge, louversEntry doors to suitesFlashings at balcony edge,roof edgeWindow/ door trims, garage doorWindowsOC- 47AshwoodGutters, downspoutsAmarrStratford CollectionGarage doorsWhiteDark BrownLight BeigeDark GreenBlackDark GreyDark GreyGreyPabco Laminated Asphalt Shinglesat Sloped RoofsPremier 30Weathered WoodBlack/GreyLinenGentek Vinyl Board & Batten Siding3rd floor exterior wallsLight BeigeGentek Vinyl Siding 1st, 2nd, & 3rd floorexterior wallsLight GreenBenjamin Moore Hardi Shingles @walls, gable ends & columnsDark Green ColourManufacturerColour to match...Reference No. ElementsColourManufacturerColour to match...Reference No. ElementsSage2054-10Bavarian Forest2139-30SharkskinGreyINTEGRA ARCHITECTURE INC.416 WEST PENDER STREETVANCOUVER, BC V6B 1T5T 604.688.4220 F 604.688.4270info@integra-arch.comwww.integra-arch.com⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿⠿Copyright reserved. This drawing and design is and at alltimes remains the exclusive property of INTEGRAARCHITECTURE INC. and cannot be used without theArchitect's consent.[ T I T L E ][ P R O J E C T ][ D A T E ][ S C A L E ][ I S S U E ][ D R A W I N G ][ P R O J E C T ][ C L I E N T ][ A R C H I T E C T S E A L ]9.30EGHJKLFMDCBATejinder Saluja24086 104th Avenue12297Nov. 15, 20135TownhomeDevelopmentA-2.033BUILDING 3ELEVATIONSMaple Ridge, BCNKEY PLAN312104 A V E N U E1:100BUILDING 3 - NORTH ELEVATION (104th AVENUE)34BUILDING 3 - WEST ELEVATIONCDEFGHJKLMUNIT C2North Property Line1BUILDING 3 - SOUTH ELEVATIONBUILDING 3 - EAST ELEVATION2MATERIAL & COLOUR LEGEND (GREEN SCHEME)52112-30Stone BrownVinyl WindowsBenjamin MooreBenjamin MooreBenjamin MooreSupermelPower CoatingsWhiteGentek AluminumColoursMakin Metals LtdPrepainted FlashingSlateStandard ColourCharcoalHS 410- 943SRideau BrownAluminum picket railingWood trim, wood columns, fascia,floor edge, louversEntry doors to suitesFlashings at balcony edge,roof edgeWindow/ door trims, garage doorWindowsOC- 47AshwoodGutters, downspoutsAmarrStratford CollectionGarage doorsWhiteDark BrownLight BeigeDark GreenBlackDark GreyDark GreyGreyPabcoLaminated Asphalt Shinglesat Sloped RoofsPremier 30Weathered WoodBlack/GreyLinenGentek Vinyl Board & Batten Siding3rd floor exterior wallsLight BeigeGentek Vinyl Siding 1st, 2nd, & 3rd floorexterior wallsLight GreenBenjamin MooreHardi Shingles @walls, gable ends & columnsDark Green City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: September 14, 2015 and Members of Council FILE NO: 2015-041-DVP FROM: Chief Administrative Officer MEETING: CoW SUBJECT: Development Variance Permit 20070 113B Avenue EXECUTIVE SUMMARY: Development Variance Permit application 2015-041-DVP has been received in conjunction with a Development Permit application to permit an industrial office building with a small amount of warehouse space in the M-3 (Business Park) zone. The requested variances are to: 1.Increase the maximum retaining wall height; 2.Reduce the exterior side yard setback; and 3.Reduce the minimum landscape strip required along the front and exterior side lot lines. It is recommended that Development Variance Permit 2015-041-DVP be approved. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal 2015-041-DVP respecting property located at 20070 113B AVenue. DISCUSSION: a)Background Context Applicant: Spire Development, Kent Fawcett Owner: MCF Holdings Ltd. Inc. No. BC1021706 Legal Description: Lot 9, District Lot 280, Group 1, New Westminster District Plan 86659, Except Plan BCP45137 OCP: Existing: Industrial Proposed: Industrial Zoning: Existing: M-3 (Business Park) Proposed: M-3 (Business Park) Surrounding Uses: North: Use: Industrial Zone: M-3 (Business Park) Designation: Industrial South: Use: Vacant (Greater Vancouver Transportation Authority ROW) Zone: M-3 (Business Park) Designation: Industrial East: Use: Industrial Zone: M-3 (Business Park) Designation: Industrial 1108 - 2 - West: Use: Golden Ears Way Off-Ramp Zone: M-3 (Business Park) Designation: Industrial Existing Use of Property: Vacant Proposed Use of Property: Industrial Site Area: 2,040m2 (0.5 acre) Access: 113B Avenue Servicing: Urban Servicing Companion Application: 2015-041-DP b) Project Description: This application is for an Industrial Development Permit for the subject property, located at 20070 113B Avenue, to permit the construction of an industrial office building with a small amount of warehouse space in the M-3 (Business Park) zone. The subject property is undeveloped, relatively flat and is located on the south side of 113B Avenue (see Appendices A and B). The property is a remnant parcel that resulted after construction of the Golden Ears Bridge. The subject property is surrounded by industrial development to the north and east, backs onto the vacant Greater Vancouver Transport Authority Right-of-Way to the south, and Golden Ears Way off-ramp to the west. c) Variance Analysis: The Zoning Bylaw establishes general minimum and maximum regulations for industrial development. A Development Variance Permit allows Council some flexibility in the approval process. The requested variances and rationale for support are described below: 1. Maple Ridge Zoning Bylaw No. 3510-1985, Part 4, Section 403, 8) Maximum Retaining Wall Height: To increase the maximum exposed height of a retaining wall from 1.2m (4 ft.) to 2.01m (6.6 ft.). There is a significant change in grade on the southern end of the subject property. A retaining wall is required for pre-loading the property for development and is proposed to remain in place with the development. 2. Maple Ridge Zoning Bylaw No. 3510-1985, Part 8, Section 803, 6) SITING d): To reduce the minimum setback from an exterior side lot line from 4.5m (14.8 ft.) to 1.5m (4.9 ft.). The subject property is a remnant parcel that was created after the construction of the Golden Ears Bridge. The setback variance is requested in order to achieve a feasible industrial development and have the appropriate access and parking onsite. 3. Maple Ridge Zoning Bylaw No. 3510-1985, Part 8, Section 803, 8) OTHER REGULATIONS e): To reduce the minimum continuous 3m (9.8 ft.) landscape strip along the front lot lines and along the exterior side lot line of a corner lot to 0.5m (1.6 ft.) at the narrowest points along the front and exterior lot lines. - 3 - As described above, the subject property is a remnant parcel with limited area. Requiring a 3m (9.8 ft.) landscape strip along the front and exterior lot lines would significantly reduce t he floor area and parking space for the development. The reduction in the landscaping requirement is supportable as there is landscaping provided offsite along both property lines and landscaping is provided onsite along both property lines, just not as a continuous 3m (9.8 ft.) strip. The landscaping strip ranges from 0.5m (1.6 ft.) to 5m (16 ft.) along the front and exterior property lines. It should be noted that in the traffic study provided, it was recommended that an obstruction-free sight triangle must be maintained in order not to obscure visibility. d) Citizen/Customer Implications: In accordance with the Development Procedures Bylaw No. 5879-1999, notice of Council consideration of a resolution to issue a Development Variance Permit was mailed to all owners or tenants in occupation of all parcels, any parts of which are adjacent to the property that is subject to the permit. CONCLUSION: The proposed variances to increase the maximum allowable retaining wall height, reduce the exterior side yard setback, and reduce the minimum landscape strip required along the front and exterior side lot lines are supportable because the subject property is a remnant parcel restricted by the construction of the Golden Ears Bridge. In order to achieve a feasible industrial development at this location, it is reasonable to allow some relaxations to the Zoning Bylaw. It is therefore recommended that this application be favourably considered and the Corporate Officer be authorized to sign and seal Development Variance Permit 2015-041-DVP. “Original signed by Michelle Baski” _______________________________________________ Prepared by: Michelle Baski, AScT, MA Planner 1 “Original signed by Christine Carter” _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Christine Carter” for _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng. GM: Public Works & Development Services “Original signed by Kelly Swift” _______________________________________________ Concurrence: Kelly Swift Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – 2011 Ortho Map Appendix C – Plans Indicating Proposed Variances DATE: Mar 2, 2015 FILE: 2015-041-VP BY: PC CITY OF MAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:2,000 20070 113B AVENUEKINGSTON STGOLDEN EARS WAYLegend Streams & Rivers (Topographic) Feature Type Indefinite Creek Centreline Ditch Centreline River Centreline Rivers & Lakes (Topographic) Feature Type Canal Flooded Land Lake/Reservoir Marsh River Major Rivers & Lakes APPENDIX A City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Mar 2, 2015 FILE: 2015-041-VP BY: PC CITY OF MAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTY District of Maple Ridge´ Scale: 1:2,000 20070 113B AVENUEKINGSTON STGOLDEN EARS WAY3KRWRJUDSK\ APPENDIX B APPENDIX C City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: September 14, 2015 and Members of Council FILE NO: 2015-041-DP FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Development Permit 20070 113B Avenue EXECUTIVE SUMMARY: An Industrial Development Permit application has been received for the subject property, located at 20070 113B Avenue. The development proposal is for a two-storey industrial office building under the M-3 (Business Park) zone, for a freight-broker business, with a small amount of warehouse space. The plans for the development are consistent with the policies of the Official Community Plan (OCP) and comply with the provisions of the Zoning Bylaw No. 3510-1985 and the Off-Street Parking and Loading Bylaw No. 4350-1990. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal 2015-041-DP respecting property located at 20070 113B Avenue. DISCUSSION: a)Background Context: Applicant: Spire Development, Kent Fawcett Owner: MCF Holdings Ltd. Inc. No. BC1021706 Legal Description: Lot 9, District Lot 280, Group 1, New Westminster District Plan 86659, Except Plan BCP45137 OCP: Existing: Industrial Proposed: Industrial Zoning: Existing: M-3 (Business Park) Proposed: M-3 (Business Park) Surrounding Uses: North: Use: Industrial Zone: M-3 (Business Park) Designation: Industrial South: Use: Vacant (Greater Vancouver Transportation Authority ROW) Zone: M-3 (Business Park) Designation: Industrial East: Use: Industrial Zone: M-3 (Business Park) Designation: Industrial West: Use: Golden Ears Way Off-Ramp Zone: M-3 (Business Park) Designation: Industrial 1109 2 Existing Use of Property: Vacant Proposed Use of Property: Industrial Site Area: 2,040m2 (0.5 acre) Access: 113B Avenue Servicing: Urban Servicing Companion Application: 2015-041-VP b) Project Description: This application is for an Industrial Development Permit for the subject property, located at 20070 113B Avenue, to permit the construction of an industrial office building with a small amount of warehouse space in the M-3 (Business Park) zone. The subject property is undeveloped, relatively flat and is located on the south side of 113B Avenue (see Appendices A and B). The subject property is surrounded by industrial development to the north and east, backs onto the vacant Greater Vancouver Transport Authority Right-of-Way to the south, and Golden Ears Way off-ramp to the west. c) Planning Analysis: Official Community Plan The development proposal is subject to section 8.6 of the OCP for Industrial Development Permit Area Guidelines. The purpose of the Industrial Development Permit Area Guidelines is to promote development that meets the needs of industry, through attractive design that is compatible with adjacent development. The key concepts are described below, followed by the architect’s response as to how they are being addressed. 1. Provide a street presence with entrances and architectural interest in building designs fronting public streets. “Consideration is given to having the owner occupied office building present to the streets with the parking placed internally in the site, behind the building, to maintain a visual interest along the public streets and approach from the exit ramp of the highway.” 2. Loading facilities should be located away from public streets and into the rear or the interior of a site. “The loading area is located by the main site access point due to maneuverability restriction, with the warehouse overhead door located internally on the east side so as not to disrupt an aesthetically pleasing street frontage. The loading area will be used infrequently, given the office use.” 3. Outdoor storage and less attractive structures such as accessory buildings should be screened with fencing or landscape. “The garbage and recycling areas are located within the proposed building. No outdoor storage is provided.” 4. The transportation needs of diverse users should be accommodated through amenities such as bicycle facilities, and accessible design for the mobility impaired. “Bicycle racks are provided and accessibility for the mobility impaired is being addressed by providing a handicap stall close to the entrance with an automatic door opener push button for the main entry doors, as well as main level accessible shower and washroom.” 3 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. “This contemporary two-storey, tilt-up, concrete construction is for office use, thoughtfully articulated in different volumes, recessed planes on the facades and canopies to create a visual interest. The building’s design with expansive glazing and the bold sloped roof element act as a welcoming element on the approach from the exit ramp of the highway.” Zoning Bylaw A Development Variance Permit application has been received for this project and involves the following variances: 1. To increase the maximum retainting wall height; 2. To reduce the minimum side yard setback; and 3. To reduce the minimum continuous landscape strip along the front and exterior side lot lines. The requested variances to the M-3 (Business Park) zone are discussed in a separate report to Council. Off-Street Parking The Off-Street Parking and Loading Bylaw No. 4350–1990 requires that the M-3 (Business Park) zone provide 1 parking space per 40m² (430 ft²) of gross floor area for office use and 1 parking space per 186m² (2,002ft²) of gross floor area for warehouse use. The total gross floor area of office space is proposed to be 932.5m² (10,037ft²), requiring 23 parking spaces. The total gross floor area of warehouse space is proposed to be 97.1m² (1,045ft²), requiring 0.5 parking spaces, for a total of 24 required parking spaces. The applicant is providing 24 parking spaces. One of the spaces is sized for parking for persons with disabilities, and two of the spaces are sized for small car parking. A bike rack is provided (see Appendix C). d) Advisory Design Panel: The application was reviewed by the Advisory Design Panel on May 12, 2015. The Panel does not require the project to come back for review, but would like the following resolutions to be addressed with Planning Staff. The applicant’s responses to the resolutions are provided below. i. Consider expanding the footprint of the bio-swale to accommodate a rain garden. “Hub Engineering Inc. have reviewed the stormwater drainage calculations regarding the drainage area entering the bioswale, voids and storage volume of the bioswale and the dissipation rate of the bioswale into the subsurface soils. The proposed bioswale has the capacity to absorb up to one inch of rainfall runoff over a 24 hour period which is considered a significant rainfall event and accounts for 85-90% of the rainfall events. Increasing the bioswale area further would be over-designed and is not going to be that more beneficial to the project as the efficiency of the bioswale is currently sized to accommodate the majority of rainfall events before overflowing. During the heavy rainfall event when it does overflow, it overflows to the underground perforated drainage pipe which in return infiltrates into the subsurface soils before being released from the site.” 4 ii. Consider an 8cm or greater caliper tree as the “feature tree” in the front of the site. “Feature tree increased to 8cm from 7cm initially and reviewed by the traffic consultant with regards to the sight angle.” iii. Consider installing a wheelchair-friendly picnic table in the employee outdoor amenity area. “This has been provided.” iv. Provide a design detail in the plans showing roof-top mechanical screening and any screening of at-grade utility metres/connections. “This has been provided.” v. Include a let-down at the plaza entry area to increase accessibility. “This has been provided.” vi. Enhance the hardscape detail in the surfacing treatment for a wider walkway along the building by adding some decorative surface treatment in place of wheel-stops. “This has been provided.” vii. Consider extending the retaining wall eastward to the east property line and adding architectural detailing to the south exposed face. “The retaining wall has been extended to the east property line. We will be considering a split face or patterned face retaining wall blocks with planted vines all along.” viii. Consider relocating the southern catch basin. “Hub Engineering Inc. considered the comment and advised that relocating the catch basin further south is not recommended. The ADP comment was that the site slopes north to south and the low point of the site is at the south end. The southern end of the site will actually be a level platform with localized low points to drain the proposed pavement. Moving the catch basin further south is not the balanced low point location. It would also be best to avoid having the catch basin located with the wheelchair accessible parking stall.” ix. Consider further strengthening the design of the entrance area, including a wider red band element forming part of the entry canopy. “We feel that making the canopy thicker will not improve the design. Given the size of the building and the already proposed projection of the canopy, including the highlight in red colour, we think that we have achieved a canopy design balanced in proportion and integrated with the rest of the building, which announces adequately the entrance.” e) Environmental Implications: The subject property is within the floodplain and a restrictive covenant specifying the minimum construction elevation is registered on Title. This restrictive covenant will need to be updated at the Building Permit stage to reflect the current flood construction levels. A stormwater management plan has been provided and is in compliance with the Watercourse Protection Bylaw No. 6410-2006. f) Intergovernmental Issues: A Traffic Study was requested for a safety analysis of the proposed access point, a fire and emergency access review, and a safety review for the overall site design. Based on the findings of the Traffic Study, the access to the subject property will be limited to right-in/right-out only, and an obstruction-free sight triangle must be maintained. The Traffic Study and site plan were provided to 5 Translink for review, as the Golden Ears off-ramp is a Translink network element. Translink has provided preliminary approval of the development plans. A retaining wall is proposed within a Greater Vancouver Water District (Metro Vancouver) statutory right-of-way, in order to retain soils for the proposed pre-load period, and then to remain as a permanent grade separator once the building is complete. Metro Vancouver has provided approval of the development plans. g) Financial Implications: In accordance with Council’s Landscape Security Policy, a refundable security equivalent to 100% of the estimated landscape cost will be provided to ensure satisfactory provision of landscaping in accordance with the terms and conditions of the Development Permit. Based on an estimated landscape cost of $18,285.00, the security will be $18,285.00. CONCLUSION: As the development proposal complies with the guidelines for the Industrial Development Permit Area for form and character, it is recommended that 2015-041-DP be given favourable consideration. “Original signed by Michelle Baski” _______________________________________________ Prepared by: Michelle Baski, AScT, MA Planner 1 “Original signed by Christine Carter” _____________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Christine Carter” for _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng. GM: Public Works & Development Services “Original signed by Kelly Swift” _______________________________________________ Concurrence: Kelly Swift Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – 2011 Ortho Map Appendix C – Site Plan, Elevations and Landscape Plan DATE: Mar 2, 2015 FILE: 2015-041-VP BY: PC CITY OF MAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:2,000 20070 113B AVENUEKINGSTON STGOLDEN EARS WAYLegend Streams & Rivers (Topographic) Feature Type Indefinite Creek Centreline Ditch Centreline River Centreline Rivers & Lakes (Topographic) Feature Type Canal Flooded Land Lake/Reservoir Marsh River Major Rivers & Lakes APPENDIX A City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Mar 2, 2015 FILE: 2015-041-VP BY: PC CITY OF MAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTY District of Maple Ridge´ Scale: 1:2,000 20070 113B AVENUEKINGSTON STGOLDEN EARS WAY3KRWRJUDSK\ APPENDIX B APPENDIX C BOARDROOMLOUNGELUNCH RMKITCHENETTEMEETING RMMANAGER OFFICEENTRY/ RECEPTIONVESTIBULESTG/SUPPLIESCLOSETFLEX SPACE / FUTUREACCOUNTING/ ADMINWAREHOUSEEXIT STAIR#1EXIT STAIR#2UPUPGARBAGE/RECYCLING(97 SF/9.0 SM)MALE WRFEMALE WRUNIV. WR & SHOWERJANITOR/ STG RMMECH. RMREPROMANAGER OFFICE4.1 SM MIN.(44.1 SF)O/H DOOR 9'x9' 5.50M5.26m5.41m5.28m5.39m6.05m5.54m5.20m5.48mLSCROSSWALKBIKE LANECONC S/W CONC BARRIERSHIGHWAY EXIT RAMPBOT OF SLOPETOP OF SLOPESRW PLAN 87419 GASHEDGEDRIVEWAY MAPLE SRW PLAN BCP32419 HIGH PRESSUREWATER LINE WARNING SIGN FOR BOT OF SLOPEBOT O F SL O P E TREE ¯:2X0.20 BIRCH WHITE SOLID LINE CROSSWALK LSTOP OF SLOPETREE¯:0.20113B AVENUE PMT INDUSTRIAL OFFICEBUILDINGDRAWING TITLE :DESCRIPTIONDATENo.LANDSCAPE PLANFEB 13/15PLOT:1:200SCALE:SHEET:L-1PROJECT TITLE :DRAWING STATUS:ISSUES:REV:LANDSCAPE ARCHITECT12ISSUED FOR ADPApr 23'1520070 113B AVENUE,MAPLE RIDGE, B.C.3456400 - 8085 North Fraser WayBurnaby, B.C. V5J 5M8778ISSUED FOR DPMay 28'15REISSUED FOR DPAug 24'15REISSUED FOR DP (columar trees at srow per metro vanc)Sept 01'15CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCJJJJJJCCCCCCCCCCCCCJCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCECCCCCCECCCCCECCCCEJJACCAAJAAJIIIJICCCCIIIEEEJEJJJACCCAAAAAACCCCECCIICIICCCCCCCCCCCCCCCCCCEECCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCJJJJJJJJJJJJJJJJJJJJJJJJCCCCCCCCCCCCCCCCACCCCCCCCCCCCCCCCCACCCCCCCCCCCCCCCCCCACCCJCCCCCCCJCCJCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCPPPPPCCCPPPPCCCCCCCCCCCCCCPMTCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCJJJJCJCCJJCCCCCCCCCCCCCCCCAAAAAAAACCCCCCCCAAAACCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCAAAAAAAAACCCAAAAAACCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCJJJJCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCJJJJP OFPTOPOCCCCCCJCJJJJJCCJJJJBOOTTTOBOBBOPEOTOTTF SLOPFFSSSBBOOTTBCCBBOOCCOOTOTCCCCCCTTTOCCOCCCCCCCOFCFCCCCCCCCSCCCCCCCCCCCPCCPEEOFSLOPEOOFFSSSLLOOPPEECCCCCCCCCCCCCCCCCCCCCCCCCCCJCBIOSWALEPARKING BIOSWALE TYPICAL SECTIONPPLANT LISTSSYMBOLQQTY.BBOTANICAL NAMECCOMMON NAMESSIZETTrees 1Fagus sylvatica 'Purpurea'Copper Beech Var.8cm cal. / 2m stnd1 Prunus serrulata 'Pink Perfection'Flowering Cherry Var.6cm cal. / 1.8m stnd2Fagus sylvantica 'dawickii'Columnar Beech Var. 6cm cal. / 1.8m stndSShrubs / Vines4 Azalea japonica 'Coral Bells'Japanese Azalea#3 pot7 Pennisetum alopecurioidesFountain Grass#2 pot46 Lonicera pileata Evergreen Honeysuckle #2 pot88 Nandina 'Fire Power'Heavenly Bamboo Var (low)#3 pot9 Parthenocissus T. Veitchii Boston Ivy#2 pot6 Rhododendron 'Unique'Rhododendron (medium var.)#3 pot6Rosa meidiland 'Carefree Delight' Hardy French Rose#3 pot3Pieris japonica 'Temple Bells'Japanese Andromeda#3 pot16 Taxus media 'Hicksii' Yew Hedge1.2m ht / clipped top & sidesBBioswale9Andropogon gerardiiBig Blue Stem#2 pot198 Carex (3 var's)Carex Var's#1 pot9Elymus hystrixBottle Brush Grass (Rye)#1 pot9 Iris versicolor Blue Flag Iris#2 pot34 Juncus effusus Common ('Soft') Rush#2 PotNNotes:Speciﬁcations as per the most recent issue of the 'BC Landscape Standards' and LandSpace 'Spec Notes'.JIECAPNORTHSIGNATURE FEATURETREE (High Clearance)EXISTING CONIFERTREES (To Confirm)PAVERSBIKE RACK (4)(See Detail)TABLE & SEATSINCLUDES H/C(See Detail)SWALE (Dashed)SIGHT TRIANGLEPROPOSED BUILDINGOFFICEGAS LIGHTSTANDARDBIOSWALE (Dashed) WITHRAINGARDEN1 Min Loc ForWheel ChairRETAINING WALLSee Arch. (TOW 5.45m)VINES(Attached To Wall)COLUMNAR NARROW TREESBIKE RACKModel: "Advantage Ribbon Series"(Or Approved Equivalent -Color TBD)TABLE & SEATSModel: FRANCE ANDREW"Modern Series M16-T534"C/W Seat Backs & Up ToSeven Seats AvailableAND 1 Min Wheel Chair Loc. (Or Approved Equivalent - Color TBD)BIOSWALE PLANTSJuncus effusus / Common ('Soft') RushCarex Varieties / SedgesAndropogon gerardii / Big Blue StemIris versicolor / Blue Flag IrisElymus hystrix / Bottle Brush Grass (Rye)FEATURE BEECH TREELeaf Close-upNANDINA 'FIRE POWER' City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: September 14, 2015 and Members of Council FILE NO: 2015-081-DVP FROM: Chief Administrative Officer MEETING: COW SUBJECT: Development Variance Permit 22464 Lougheed Highway EXECUTIVE SUMMARY: Development Variance Permit application 2015-081-DVP has been received in conjunction with a Development Permit application to construct a new commercial building. The requested variance is to reduce the minimum height requirement from three storeys to one storey. It is recommended that Development Variance Permit 2015-081-DVP be approved. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal 2015-081-DVP respecting property located at 22464 Lougheed Highway. DISCUSSION: a)Background Context Applicant: Harj Enterprises Owner: 931919 BC Ltd. Legal Description: Lot 1 District Lot 398 Group 1 New Westminster District Plan 6645 OCP: Existing: Town Centre Commercial Proposed: Town Centre Commercial Zoning: Existing: C-3 (Town Centre Commercial) Proposed: C-3 (Town Centre Commercial) Surrounding Uses North: Use: Commercial (Haney Place Mall) Zone: C-3 (Town Centre Commercial) Designation: Town Centre Commercial South: Use: Vacant Zone: C-3 (Town Centre Commercial) Designation: Town Centre Commercial East: Use: Commercial (Restaurant) Zone: CD-2-85 (Town Centre Commercial (Comprehensive Development)) Designation: Town Centre Commercial 1110 - 2 - West: Use: Commercial (Restaurants) Zone: C-3 (Town Centre Commercial) Designation: Town Centre Commercial Existing Use of Property: Commercial (Nail Salon) Proposed Use of Property: Commercial (Restaurant) Site Area: 234 m2 (2519 ft²) Access: Rear Lane and Lougheed Highway Servicing: Urban Concurrent Application: 2015-081-DP b) Project Description: The subject property is approximately 234 m² (2519 ft²) in size and is bounded by commercial developments (restaurants) to the east and west, a lane and vacant lot to the south , and Lougheed Highway to the north (see Appendices A and B). Access to parking will be provided from the rear lane, while access to the development is from Lougheed Highway. The applicant proposes to construct a new commercial building, which will be occupied by a franchised restaurant, “Freshii”. A new building will replace the existing structure and will consist of brick cladding, split-face concrete and cedar panel siding. The building will front Lougheed Highway and is situated near the front property line to provide a continuous storefront with the neighbouring businesses. Outside seating will be provided at the front, along with a tempered glass awning (see Appendix C). Street level windows will open up and add natural light to the space. c) Variance Analysis: Zoning Bylaw 3510-1985 establishes general minimum and maximum regulations for commercial development. A Development Variance Permit allows Council some flexibility in the approval process. The requested variance and rationale for support are described below: 1. Zoning Bylaw No. 3510-1985, Part 7, Section 703, Town Centre Commercial, 6) BUILDING HEIGHTS: To reduce the minimum building height within Town Centre Area for properties identified on Schedule “H” from 3 storeys to 1 storey. The decrease in height is supportable due to the limited size of the subject property (234 m²); therefore, limiting the amount of available off-street parking. The parking requirements could not be met with a structure greater than 1 storey. The proposed new building will be limited to 1 storey; however, the front façade will resemble a 2 storey structure (see Appendix D). This 2 storey appearance will allow for a uniform look along this portion of Lougheed Highway, as no buildings adjacent to the subject property meet the minimum 3 storey requirement for height. d) Citizen/Customer Implications: In accordance with the Development Procedures Bylaw No. 5879-1999, notice of Council consideration of a resolution to issue a Development Variance Permit was mailed to all owners or tenants in occupation of all parcels, any parts of which are adjacent to the property that is subject to the permit. - 3 - CONCLUSION: The proposed variance to reduce the minimum building height from 3 storeys to 1 storey is supported due to the limited size of the subject property, which limits the amount of available off- street parking. It is therefore recommended that this application be favourably considered and the Corporate Officer be authorized to sign and seal Development Variance Permit 2015-081-DVP. “Original signed by Adam Rieu” _______________________________________________ Prepared by: Adam Rieu Planning Technician “Original signed by Christine Carter” _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Christine Carter” for _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services “Original signed by Kelly Swift” _______________________________________________ Concurrence: Kelly Swift Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – 2011 Ortho Map Appendix C – Site Plan Appendix D – Elevation Plans City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Mar 31, 2015 FILE: 2015-081-DP BY: PC CITY OF MAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTY 224 ST´ Scale: 1:1,500 22464 LOUGHEED HWY APPENDIX A City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Mar 31, 2015 FILE: 2015-081-DP BY: PC CITY OF MAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTY 224 STDistrict of Maple Ridge´ Scale: 1:1,500 22464 LOUGHEED HWY 3KRWRJUDSK\ APPENDIX B APPENDIX C Reduced height from 3 storeys to 1 storeyFront facade to appear as 2 storeysAPPENDIX D Reduced height from 3 storeys to 1 storeyFront facade to appear as 2 storeys City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: September 14, 2015 and Members of Council FILE NO: 2015-081-DP FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Development Permit 22464 Lougheed Highway EXECUTIVE SUMMARY: A Development Permit application has been received for the above-noted property to permit the construction of a new commercial building under the existing C-3 (Town Centre Commercial) zone. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal 2015-081-DP respecting property located at 22464 Lougheed Highway. DISCUSSION: a)Background Context: Applicant: Harj Enterprises Owner: 931919 BC Ltd. Legal Description: Lot 1 District Lot 398 Group 1 New Westminster District Plan 6645 OCP: Existing: Town Centre Commercial Proposed: Town Centre Commercial Zoning: Existing: C-3 (Town Centre Commercial) Proposed: C-3 (Town Centre Commercial) Surrounding Uses North: Use: Commercial (Haney Place Mall) Zone: C-3 (Town Centre Commercial) Designation: Town Centre Commercial South: Use: Vacant Zone: C-3 (Town Centre Commercial) Designation: Town Centre Commercial East: Use: Commercial (Restaurant) Zone: CD-2-85 (Town Centre Commercial (Comprehensive Development)) Designation: Town Centre Commercial West: Use: Commercial (Restaurants) Zone: C-3 (Town Centre Commercial) Designation: Town Centre Commercial 1111 - 2 - Existing Use of Property: Nail Salon Proposed Use of Property: Restaurant Site Area: 234 m2 (2519 ft²) Access: Rear Lane and Lougheed Highway Servicing: Urban b) Project Description: The subject property, located at 22464 Lougheed Highway, is approximately 234 m² (2519 ft²) in size and is bounded by commercial developments (restaurants) to the east and west, a lane and vacant lot to the south, and Lougheed Highway to the north (see Appendices A and B). Access to parking will be provided from the rear lane, while access to the development is from Lougheed Highway. The applicant proposes to construct a new commercial building, which will be occupied by a franchised restaurant, “Freshii”. A new building will replace the existing structure and will consist of brick cladding, split-face concrete and cedar panel siding. The building will front Lougheed Highway and is situated near the front property line to provide a continuous storefront with the neighbouring businesses. Outside seating will be provided, along with a tempered glass awning. Street level windows will open up to give the building a feeling of openness, and will add natural light to the space (see Appendix C). The applicant is proposing a mural on the east facing wall as a permanent art piece. At this point, there is not a specific artist or design; however, it is the applicant’s intention to work with local youth artists to come up with a proposal that is appropriate for the space. The proposed new building will be limited to 1 storey; however, the front façade will resemble a 2 storey structure (see Appendix D). This 2 storey appearance will allow for a uniform look along this portion of Lougheed Highway, as no buildings adjacent to the subject property meet the minimum 3 storey requirement for height. c) Planning Analysis: In accordance with the Official Community Plan (OCP) Section 8.11, a Town Centre South of Lougheed (SOLO) Development Permit is required for this application. The key development permit guidelines for the SOLO Precinct of the Town Centre are listed below, with rationale for how the guidelines are being met: 1. Develop a diverse shopping, employment and residential district. The new development will create employment opportunities in the Town Centre, and provide a healthy fast-food option for the surrounding area. 2. Create pedestrian-oriented streetscapes. The outdoor patio will create an interactive space between the building and the sidewalk. The building is situated to the front of the property, with parking to the rear. 3. Enhance the quality, character and vibrancy of SOLO The proposal for a new restaurant, “Freshii”, to the Town Centre will provide a healthy eating alternative, whose aim is to offer fresh and nutritious meal choices. The building - 3 - style consists of traditional brick with a mix of cedar siding and modern concrete that will add an aesthetically pleasing element to the surrounding neighbourhood. 4. Maintain cohesive building styles. Brick is a traditional building material; combined with cedar siding, split-faced concrete and seagull lighting that will provide a mix of both traditional and modern elements. The proposed height of the building is one storey, but will appear as a two storey structure with the front façade being higher than the rear of the building to maintain consistency with the surrounding neighbourhood. 5. Capitalize on important views. Due to the nature of this development, this key guideline has been identified as not applicable to the project. 6. Provide public outdoor space. The key guideline is not reflected in the development application due to the scale of the project; however, the applicant intends to work with local youth artists to create a mural on the outside east facing wall. This mural will be visible when looking westward from Lougheed Highway. 7. Provide climate appropriate landscaping and green features. The development site is limited in size; however, the applicant proposes to add landscaping features to the front of the property, within the patio area, in the form of concrete planter boxes. There will also be a continuous row of hedging along the eastern boundary at the rear of the property to create a natural barrier with the adjacent property. 8. Maintain street interconnectivity. An outdoor eating space, located at the front of the property, with a covered glass awning, helps to create an interactive streetscape. Large windows that open up, located at the front of the building, will allow visibility and natural light to enter the space, further creating an open feel to the storefront and maintaining a connection to the outside. d) Advisory Design Panel: This application was presented to the Advisory Design Panel on June 9, 2015 and the Panel resolved that the applicant address the following concerns and return to the Advisory Design Panel:  Provide further refinements with supporting architectural details such as café style windows that open to the street, a canopy, enhanced brick façade and signage design on building frontage. Consider recessing the building on the lot and providing a small seating area in the front of the building.  Consider expanding landscaping between loading area and property line; use different types of plantings to add interest.  Consider levelling the roof at the back of the building to incorporate the electrical room into the design of the building. - 4 -  Consider reversing location of parking space and loading bay to provide more space for landscaping and garbage enclosure.  Work with City staff to further refine design for east side façade mural. The applicant revised their drawings accordingly and the application was presented a second time to the Advisory Design Panel on July 14, 2015. The Advisory Design Panel resolved that the applicant work with Planning Staff and address the following resolutions. The applicant’s response to the resolutions are included below:  Confirm the cornice is within the property line on the east side. o The cornice has been adjusted to keep within the property line at all sides.  Provide further details on profile of canopy and confirm canopy is within City bylaws for covering sidewalk. Confine the canopy within the concrete pilasters. o Bylaw compliance has been confirmed. See plans, sections and elevations for the canopy.  Consider consistency between front and rear façade materials. o We have changed the infill material at the upper part of the rear façade to wood siding, to match the front.  Consider additional architectural feature on rear upper façade. o A new ladder from low roof to high adds shadow lines and detail to this area. In addition, the horizontal wood siding now matches the inset siding at the front and northeast side of the upper façade, unifying that part of the building.  Consider formalizing the mural on the east façade with context for art a nd provide further details on installation. o The mural will be painted directly on the wall surface. The drawings show a rectangular area for it, as we don’t know what the artist will do yet; but the painting could take any shape and area along that wall. Exact details remain to be determined as we work with the artists to develop this installation.  Consider additional landscape details for planter boxes in front and rear areas. o Two concrete planters are called out in the elevations. New plant specs can be found on the site plan and sheet L-1.  Provide additional landscape in rear planter. o A yew hedge has been specified for the rear planter, on advice of our landscape designer. Yews will create a dense, drought tolerant hedge that provides good screening and enhances the adjacent space. New plant specs can be found on the site plan and sheet L-1.  Consider additional window features on frontage. o The windows on the front will have classic, white painted trim and traditional details. We do not think that awnings are suitable on these windows, as they face north. These windows will bring even daylighting into the building interior, but this will be most effective if we can keep the windows’ full surface area clear.  Provide additional details for frontage hardscape pavers. o Mutual Materials’ Roman Clay pavers in Mauna Loa have been selected for the hardscape. This is noted on the elevations / materials sheet A3.1.  Provide additional detail of garbage area and ensure materials are consistent with building façade. o The garbage enclosure will be white painted wood to match the building trim. - 5 - e) Financial Implications: In accordance with Council’s Landscape Security Policy, a refundable security equivalent to 100% of the estimated landscape cost will be provided to ensure satisfactory provision of landscaping in accordance with the terms and conditions of the Development Permit. Based on an estimated landscape cost of $2,835.00, the security will be $2,835.00. CONCLUSION: This development application is for a new commercial building in the South of Lougheed precinct of the Town Centre. Staff have reviewed the proposal’s compliance with the Town Centre Development Permit Guidelines of the OCP for form and character, and it is recommended that the Corporate Officer be authorized to sign and seal Development Permit 2015-081-DP respecting property located at 22464 Lougheed Highway. “Original signed by Adam Rieu” _______________________________________________ Prepared by: Adam Rieu Planning Technician “Original signed by Christine Carter” _____________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Christine Carter” for _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services “Original signed by Kelly Swift” _______________________________________________ Concurrence: Kelly Swift Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – 2011 Ortho Map Appendix C – Site Plan Appendix D – Elevation Plans Appendix E – Landscaping Plans City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Mar 31, 2015 FILE: 2015-081-DP BY: PC CITY OF MAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTY 224 ST´ Scale: 1:1,500 22464 LOUGHEED HWY APPENDIX A City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Mar 31, 2015 FILE: 2015-081-DP BY: PC CITY OF MAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTY 224 STDistrict of Maple Ridge´ Scale: 1:1,500 22464 LOUGHEED HWY 3KRWRJUDSK\ APPENDIX B APPENDIX C APPENDIX D !..1+- );< <0>-&)6+7=>-: '-*???,76707-,-;1/6+755)14:A)6,76707-,-;1/6+75!"(#%#$#&%01;84)61;)6,)<)44<15-;?144:-5)16<0--@+4=;1>-8:78-:<A7.<0-4)6,;+)8-,-;1/6-:)6,+7667<*-=;-,7::-8:7,=+-,?1<07=<?:1<<-6+76;-6<':1<<-6,15-6;176;;0)440)>-8:-+-,-6+-7>-:;+)4-,,15-6;176;76<:)+<7:;;0)44>-:1.A)6,*-:-;876;1*4-.7:)44,15-6;176;)6,+76,1<176;76<0-27*)6,<01;7..1+-;0)44*-16.7:5-,7.)6A>):1)<176;.:75<0-,15-6;176;)6,+76,1<176;;07?676<0-,:)?16/;:)?16/%1<4-"4)6<16/:)?16/$+)4- )<-=4A <0 :)?6A#A)676707-%)@=;@-,1),,1- *6*"-661;-<=5;-<)+-=5 /)487<-:/-61)+7:,1.741) /)487<@ #7;-5):16=;7..1+16)41; /)487<#7;-5):16=;7..1+16)41; /)487<"-661;-<=5;-<)+-=5 /)487<-:/-61)+7:,1.741) /)487<@ %)@=;@-,1),,1-(-?,,1-*6*-:/-61)+7:,1.741)"1/$9=-)3 /)487< "-661;-<=5;-<)+-=57=6<)16:);; /)487< #7;-5):16=;7..1+16)41;#7;-5):A /)487<APPENDIX E City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: September 14, 2015 and Members of Council FILE NO: 2015-043-DP FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Industrial Development Permit 20159 115A Avenue EXECUTIVE SUMMARY: An Industrial Development Permit application has been received for the subject property, located at 20159 115A Avenue. The proposal is for a single-storey industrial building under the M-3 (Business Park) zone. The plans for the development are consistent with the policies of the Official Community Plan and comply with the provisions of the Zoning Bylaw No. 3510-1985 and the Off-Street Parking and Loading Bylaw No. 4350-1990. RECOMMENDATION: That the Corporate Officer be authorized to sign and seal 2015-043-DP respecting property located at 20159 115A Avenue. DISCUSSION: a)Background Context: Applicant: Krahn Engineering Ltd., Cheryl Bijl Owner: M.D.Z. Holdings Ltd. Inc. No.BC0296121 Legal Description: Lot 15, District Lot 280, Group 1, New Westminster District Plan 86659 OCP: Existing: Industrial Proposed: Industrial Zoning: Existing: M-3 (Business Park) Proposed: M-3 (Business Park) Surrounding Uses North: Use: Industrial Zone: M-3 (Business Park) Designation: Industrial South: Use: Industrial Zone: M-3 (Business Park) Designation: Industrial East: Use: Industrial Zone: M-3 (Business Park) Designation: Industrial West: Use: Industrial Zone: M-3 (Business Park) Designation: Industrial 1112 - 2 - Existing Use of Property: Vacant Proposed Use of Property: Industrial Site Area: 4,452 m2 (1 acre) Access: 115A Avenue Servicing: Urban Servicing b) Project Description: This application is for an Industrial Development Permit for the subject property, located at 20159 115A Avenue, to permit the construction of an industrial development in the M-3 (Business Park) zone (see Appendices A and B). The subject property is located on the north side of 115A Avenue, at the north end of 201A Street, is relatively flat and surrounded by industrial development. c) Planning Analysis: Industrial Development Permit Area The purpose of the Industrial Development Permit is to promote development that meets the needs of industry through attractive design that is compatible with adjacent development. The key concepts are as follows: 1. Provide a street presence with entrances and architectural interest in building designs fronting public streets.  “The narrow end of the building fronts the street, so the entrance has been provided at the street-facing corner of the building to provide maximum interest. Articulation through parapet steps and color is also provided wherever practical, and the street-facing elevation sees the majority of glazing.” 2. Loading facilities should be located away from public streets and into the rear or the interior of a site.  “All loading stalls have been set back as far from the street as possible, on the parking lot side wall of the building, while still providing loading stalls for each potential tenant space.” 3. Outdoor storage and less attractive structures such as accessory buildings should be screened with fencing or landscape.  “Outdoor storage is provided to the north of the building, therefore the storage area is screened from the street by the building itself.” 4. The transportation needs of diverse users should be accommodated through amenities such as bicycle facilities, and accessible design for the mobility impaired.  “Vehicle parking is provided in accordance with the Off-Street Parking and Loading Bylaw, and includes parking for people with disabilities. Bicycle facilities are intended to be provided within each unit.” 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 is in keeping with existing buildings along 115A Avenue in its style, features, materials and proportions. Building articulation along the street face mimics and blends with other similar buildings in the area.” - 3 - d) Advisory Design Panel: The application was reviewed by the Advisory Design Panel on July 14, 2015. The Panel did not require the project to come back for review, but requested that the following resolutions be addressed with Planning Staff. The applicant’s responses to the resolutions are provided below. i. Consider a corner massing element on the south west corner. “Massing element is considered and introduced to the south-west corner of the building.” ii. Consider a stronger colour element on the building. “Revised colour pattern is considered and introduced.” iii. Consider west façade entries with design elements that may include canopies and spaces for signage for each unit. “West elevation has been revised to add cover/accents to the door entrances.” iv. Consider providing a continuous pedestrian corridor along the west façade that matches hard scape surfacing of entry ways. “A consistent site surface for pedestrian traffic is provided along the west face of the building.” v. Consider providing an outdoor amenity space. “A parking stall has been relocated to accommodate an amenity area at the north end of the property.” vi. Portray an accurate image of the art work on the south façade. “The proposed artwork image has been removed to facilitate a better massing element.” vii. Consider additional architectural features on south façade (Consider modifying design of windows on south elevation.) “The south elevation has been modified with different windows.” viii. Provide additional detailing for rear and east fencing. “Fence details have been provided.” ix. Provide additional security for rear access path. “The fence extent is more clearly defined on the drawings. The intent of the fencing is not to provide a secure area, as much as to inconvenience access to this area. Fence will have a locked pedestrian gate at either end of the building, with no key access required to get out of the space, but a key will be required to access the area form the exterior of the building.” x. Provide additional detail for standalone sign to ensure sign does not conflict with art work. In addition to confirming consistency of materials between building and sign. “Free-standing sign is not able to be provided to the site with the extents required for the rain garden area at the front of the building and pedestrian access from main sidewalk. As such, reference to this sign is removed.” xi. Provide further design refinement of outdoor storage area (screening, buffering of storage, fencing details). “Outdoor storage area is intended only for temporary staging for loading purposes. Primary screening to street side is provided by the building itself. Screening to adjacent industrial property is not required.” - 4 - xii. Show bollards on elevations for overhead doors. “Bollards are now shown on the plans.” xiii. Show further information on retaining wall details. “Retaining walls are now shown on the plans.” xiv. Preference for providing accessible pathway connection between sidewalk and building. “Accessible pathway is not able to be provided from the main sidewalk and building because of the grade difference and area required for rain gardens. Accessible parking is provided onsite and should be sufficient to address barrier-free requirements.” xv. Consider providing exterior lighting on artwork “Artwork has been removed.” e) Environmental Implications: The property is within the floodplain and a restrictive covenant specifying the minimum construction elevation is registered on Title. This restrictive covenant will need to be updated at the Building Permit stage to reflect the current flood construction levels. f) Financial Implications: In accordance with Council’s Landscape Security Policy, a refundable security equivalent to 100% of the estimated landscape cost will be provided to ensure satisfactory provision of landscaping in accordance with the terms and conditions of the Development Permit. Based on an estimated landscape cost of $22,938.00, the security will be $22,938.00. CONCLUSION: As the development proposal complies with the guidelines for the Industrial Development Permit Area for form and character, it is recommended that 2015-043-DP be given favourable consideration. “Original signed by Michelle Baski”_____________ Prepared by: Michelle Baski, AScT, MA Planner 1 “Original signed by Christine Carter”____________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Christine Carter” for Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services “Original signed by Kelly Swift”_____________________ Concurrence: Kelly Swift Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – 2011 Ortho Photo Appendix C – Site Plan, Elevations and Landscape Plan DATE: Mar 3, 2015 FILE: 2015-043-DP BY: PC CITY OF MAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:2,000 20159 115A AVENUE Legend Streams & Rivers (Topographic) Feature Type Indefinite Creek Centreline Ditch Centreline River Centreline Rivers & Lakes (Topographic)Feature Type Canal Flooded Land Lake/Reservoir Marsh River Major Rivers & Lakes APPENDIX A City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Mar 3, 2015 FILE: 2015-043-DP BY: PC CITY OF MAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTY District of Maple Ridge´ Scale: 1:2,000 20159 115A AVENUE 3KRWRJUDSK\ APPENDIX B APPENDIX C City of Maple Ridge TO:Her Worship Mayor Nicole Read MEETING DATE:September 14, 2015 and Members of Council FILE NO:11-5245-20-1206 FROM:Chief Administrative Officer 06-2240-20 MEETING:C of W SUBJECT:Excess Capacity/Extended Services Agreement LC 157/14 EXECUTIVE SUMMARY: The Albion Area is identified in the Official Community Plan (OCP) as a Growth Area in the City and development has been proceeding since the mid 1990’s. Development has largely unfolded in accordance with the OCP with some changes occurring in areas as more detailed ground-truthing is undertaken.It was noted however that proposed developments on 112 Avenue east of 240 Street would represent considerable servicing challenges as a result of the significant costs to extend the underground servicing from 240 Street to the proposed developments given that a number of properties on 112 Avenue have limited development potential. Several approaches were considered to support the extension of the infrastructure from the current limits on 240 Street including a Local Area Service (LAS); a Development Works Agreement (DWA), under Section 937.1 of the Local Government Act (LGA); and a so-called Development Cost Charge (DCC) Front-end Agreement as well as Latecomer Agreements.The traditional approach, where services are provided as development occurs in a systematic manner is a challenge in North Albion given the multiple property owners and limited development potential on some lots.In reviewing the different approaches,it was deemed essential that the financial risks associated with development investment would not be borne by taxpayers. The standard Latecomer Agreement applies where a developer builds infrastructure (road, water, sanitary sewer or storm sewer)fronting properties other than his own and in turn the City imposes a charge on adjacent owners who benefit from the infrastructure extension.The monies collected would then be forwarded to the original developer.An Area Latecomer Agreement may typically also be considered for infrastructure such as pump stations, reservoirs or where there are properties with large conservation areas where development may not proceed or development potential is limited. When discussed by Council in early 2013,staff were directed to evaluate the feasibility of an Area Latecomer Agreement for the now-constructed Montgomery Acres (Subdivision SD 091/10) development on 112 Avenue that had to extend services approximately 1.2 kilometres east from existing mains on 240 Street. It was thought that a template could be developed for consideration in subsequent projects but having undertaken extensive analysis and considering various scenarios it has been determined that future potential Area Latecomer Agreements would be considered on a case-by-case basis. The water and sewer main infrastructure extended along 112 Avenue to the Montgomery Acres development at 24371 112 Avenue are considered to be excess or extended servicing in accordance with the Local Government Act. The extended servicing benefits adjacent properties that could be developed as a result of the services having been installed. Latecomer Agreement LC 157/14 provides the City’s assessment of the attribution of the costs of the excess or extended servicing to the benefiting lands.The body of this report provides a summary of the approach that was used to develop the Area Latecomer Agreement for this project.1113 RECOMMENDATION: That with respect to the subdivision of lands involved in subdivision SD 091/10 located at 24371 112 Avenue, be it resolved: 1.That the cost to provide the excess or extended services is, in whole or in part, excessive to the municipality and that the cost to provide these services shall be paid by the owners of the land being subdivided, and 2.That Latecomer Charges be imposed for such excess or extended services on the parcels in the amounts as set out in the staff report dated September 14, 2015;and 3.That the Corporate Officer be authorized to sign and seal Excess Capacity Latecomer Agreement LC 157/14 with the Subdivider of the said lands; and further 4.That staff be directed to develop a Latecomer Policy. DISCUSSION: a)Background Context: The North Albion Area east of 240 Street is a designated growth area within the urban boundary. This was reaffirmed in 2006 with the incorporation of the Albion Area Plan into the OCP Bylaw. Development has been proceeding in the area since the mid 1990 ’s and has largely unfolded in accordance with the OCP with some changes occurring in response to ground-truthing. As land is developed,the developers are responsible for the construction costs associated with the provision of water, sewer and drainage utilities to service the proposed subdivision or development as well as providing any additional capacity for any adjacent lands serviced by the works. Typically,the costs associated with providing additional capacity are recovered by the developer through transferring the costs to benefitting property via latecomer agreements. The current latecomer practice,as set out in a Memorandum to Council permits developers to only recover costs incurred for the additional capacity associated with subdivision and development applications and not rezoning.This practice possess several challenges for the development of North Albion as the natural features and topography result in the balance of works being completed at the rezoning phase of a project, and precludes the ability to recover costs.This reduces the opportunity for strong business cases for the development of individual parcels and necessitates either waiting for a larger project to complete the utility work, assemble parcels of land or enter into private agreements between owners. In addition to excluding rezoning works, sections of infrastructure in North Albi on provide no direct benefit to the adjacent lands and therefore have no cost recovery for the original developer. To address this concern,an Area Latecomer concept has been prepared which distributes the construction costs for infrastructure that has no direct benefit to adjacent lands to all the properties that receive an indirect benefit. Indirect benefits are identified as infrastructure that supports the implementation of the OCP and has no direct benefit for an individual lot, for instance pump stations, water reservoirs,storm water detention facilities and infrastructure extensions through conservation areas. The City was approached by a developer to consider providing latecomer agreements for the extensive works that would be required to service all of North Albion.The property in question,24371 112 Avenue represented a large pocket of developable land and required the sanitary sewer main to be extended 1.2 km as well as the existing water main being upgraded.It was recognized that these service upgrades would benefit many properties in the area and work towards achieving the goals of the OCP. The City’s legal counsel advised that under the Local Government Act the works could be applied to a latecomer agreement and further consideration would also be given by Council to using this project as a test case to update the existing latecomer practice. Through a review of the servicing works required to develop the Albion Area Plan,discussion with other municipalities and City legal counsel, the following two principles were followed in the preparation of the test Area Latecomer Agreement and for consideration of inclusion into the development of the contemplated latecomer policy: 1.Inclusion of rezoning works 2.Inclusion of area benefits. Rezoning works include municipal service upgrades which are in support of a concurrent subdivision or development application by the same applicant. The distribution of the construction cost will be determined based upon the benefitting properties fronting development potential as determined by the City. Area works apply to upgrades to a municipal service which has no direct benefit to a single parcel of land.The distribution of the construction cost will be determined based upon the benefiting properties full development potential as determined by the City. The attached map identifies 24371 112 Avenue,the land involved in the subdivision as well as properties that will benefit from the excess or extended services and land to which the developer provided services via a private agreement. The cost breakdown for each excess or extended service is shown on attached Schedule A. Upon acceptance of Excess Capacity Latecomer Agreement LC 157/14 and the principles for an Area Latecomer Agreement,staff will develop a new Latecomer Policy for Council’s consideration to replace the current practices document. b)Strategic Alignment: Administration of excess or extended services legislation complies with the Smart Managed Growth element of the Corporate Strategic Plan. The administration procedure supports the requirement for a developer to construct municipal infrastructure in support of land development and recognizes that the infrastructure may provide benefit to other land. c)Policy Implications: Part 26, Division 11, of the Local Government Act provides that where a developer pays all or part of the cost of excess or extended services, the municipality shall determine the proportion of the cost of the service which constitutes excess or extended service and determine the proportion of the cost of the service to be attributed to parcels of land which the municipality considers will benefit from the service. Latecomer Agreement LC 157/14 will provide such determination for Subdivision SD 091/10. CONCLUSION: Based upon the services required to support the proposed subdivision,the existing latecomer practice has been reviewed and two changes have been proposed. The first is to include rezoning work, and the second is to assess certain aspects of projects as an area benefit. Both concepts are supported by the Local Government Act and provide a fair distribution of development costs to the properties involved. Further, the services in support of the subdivision of 24371 112 Avenue form the test case for the proposed changes.As the services benefit adjacent lands,it is appropriate to impose Latecomer Charges on the benefitting lands.Latecomer Agreement LC 157/14 summarizes the municipality’s determination of benefitting lands and cost attribution and also establishes the term over which such Latecomer Charges will be applied. “Original signed by Stephen Judd” Prepared by:Stephen Judd, PEng. Manager of Infrastructure Development “Original signed by David Pollock” Reviewed by:David Pollock, PEng. Municipal Engineer “Original signed by Christine Carter” for Approved by:Frank Quinn, MBA, PEng. GM: Public Works & Development Services “Original signed by Kelly Swift” Concurrence:Kelly Swift Acting Chief Administrative Officer TG/mc Page 1 Schedule A TYPE OF EXCESS OR EXTENDED SERVICE 1.EXTENDED NOMINAL SERVICE SERVICE # BENEFITTING LOTS COST OF BENEFIT COST PER LOT BENEFIT ATTRIBUTED BY PROPERTY EXCLUDING SUBDIVISION Sanitary Sewer On 112 Avenue 5 $120,980.00 $24,196.00 Lot 1,, NWP 3452 RN 84497-0000-0 2 x $24,196.00 Lot 9, NWP 809 RN 84330-0000-7 3 x $24,196.00 Sanitary Sewer On 112 Avenue 15 $206,925.00 $13,795.00 Parcel A (RP13033), RN 84485-0100-7 2 x $13,795.00 Lot 18, NWP 50696 RN 84485-1000-8 4 x $13,795.00 Lot 1, NWP 68166 RN 84484-0400-0 2 x $13,795.00 Lot 2, NWP 68166 RN 84484-0500-0 1 x $13,795.00 Lot 10, NWP 809 RN 84332-0600-X 1 x $13,795.00 Lot 45, NWP 43601 RN 84333-0700-9 2 x $13,795.00 Lot 11, NWP 809 RN 84333-0800-2 2 x $13,795.00 Parcel A (Ex. Plan 15693) RN 84333-0100-7 1 x $13,795.00 Page 2 SERVICE # BENEFITTING LOTS COST OF BENEFIT COST PER LOT BENEFIT ATTRIBUTED BY PROPERTY EXCLUDING SUBDIVISION Sanitary Sewer On 112 Avenue 19 $125,685.00 $6,615.00 Lot 2, NWP 77744 RN 84483-0300-3 2 x $6,615.00 Lot B, NWP 23217 RN 84481-0200-9 3 x $6,615.00 Lot A, NWP 7408 RN 84334-0000-9 7 x $6,615.00 Lot 3, NWP 61001 RN 84349-5400-2 1 x $6,615.00 Water Main On 112 Avenue 5 $38,000.00 $7,600.00 Lot 1,, NWP 3452 RN 84497-0000-0 1 x $7,600.00 Lot 9, NWP 809 RN 84330-0000-7 2 x $7,600.00 Water Main On 112 Avenue 15 $62,160.00 $4,144.00 Parcel A (RP13033), RN 84485-0100-7 1 x $4,144.00 Lot 18, NWP 50696 RN 84485-1000-8 4 x $4,144.00 Lot 1, NWP 68166 RN 84484-0400-0 1 x $4,144.00 Lot 45, NWP 43601 RN 84333-0700-9 1 x $4,144.00 Lot 11, NWP 809 RN 84333-0800-2 1 x $4,144.00 Parcel A (Ex. Plan 15693) RN 84333-0100-7 1 x $4,144.00 Page 3 2.EXTENDED OVERSIZED SERVICE SERVICE # BENEFITTING LOTS COST OF BENEFIT COST PER LOT BENEFIT ATTRIBUTED BY PROPERTY EXCLUDING SUBDIVISION Water Main On 112 Avenue 19 $48,165.00 $2,535.00 Lot 2, NWP 77744 RN 84483-0300-3 1 x $2,535.00 Lot B, NWP 23217 RN 84481-0200-9 2 x $2,535.00 Lot A, NWP 7408 RN 84334-0000-9 6 x $2,535.00 SERVICE # BENEFITTING LOTS COST OF BENEFIT COST PER LOT BENEFIT ATTRIBUTED BY PROPERTY EXCLUDING SUBDIVISION Sanitary Sewer On 112 Avenue 1 $1,677.00 $1,677.00 Parcel A (RP13033), RN 84485-0100-7 1 x $1,677.00 1 $8,944.00 $8,944.00 Lot 18, NWP 50696 RN 84485-1000-8 1 x $8,944.00 1 $1,118.00 $1,118.00 Lot 17, NWP 50696 RN 84485-0900-6 1 x $1,118.00 1 $3,913.00 $3,913.00 Lot 1, NWP 68166 RN 84484-0400-0 1 x $3,913.00 1 $2,236.00 $2,236.00 Lot 2, NWP 68166 RN 84484-0500-0 1 x $2,236.00 1 $13,975.00 $13,975.00 Lot 10, NWP 809 RN 84332-0600-X 1 x $13,975.00 1 $5,590.00 $5,590.00 Lot 45, NWP 43601 RN 84333-0700-9 1 x $5,590.00 Page 4 SERVICE # BENEFITTING LOTS COST OF BENEFIT COST PER LOT BENEFIT ATTRIBUTED BY PROPERTY EXCLUDING SUBDIVISION Sanitary Sewer (Continued) 1 $1,118.00 $1,118.00 Lot 11, NWP 809 RN 84333-0800-2 1 x $1,118.00 1 $559.00 $559.00 Parcel A (Ex. Plan 15693) RN 84333-0100-7 1 x $559.00 1 $2,535.00 $2,535.00 Lot 1, NWP 77744 RN 84483-0200-2 1 x $2,535.00 1 $7,605.00 $7,605.00 Lot 2, NWP 77744 RN 84483-0300-3 1 x $7,605.00 1 $5,070.00 $5,070.00 Lot B, NWP 23217 RN 84481-0200-9 1 x $5,070.00 1 $10,140.00 $10,140.00 Lot C, NWP 23217 RN 84481-0300-2 1 x $10,140.00 1 $10,985.00 $10,985.00 Lot A, NWP 7408 RN 84334-0000-9 1 x $10,985.00 1 $845.00 $845.00 Lot 3,NWP 61001 RN 84349-5400-2 1 x $845.00 Water Main On 112 Avenue 1 $420.00 $420.00 Parcel A (RP13033), RN 84485-0100-7 1 x $420.00 1 $2,240.00 $2,240.00 Lot 18, NWP 50696 RN 84485-1000-8 1 x $2,240.00 1 $280.00 $280.00 Lot 17, NWP 50696 RN 84485-0900-6 1 x $280.00 1 $980.00 $980.00 Lot 1, NWP 68166 RN 84484-0400-0 1 x $980.00 Page 5 SERVICE # BENEFITTING LOTS COST OF BENEFIT COST PER LOT BENEFIT ATTRIBUTED BY PROPERTY EXCLUDING SUBDIVISION Water Main (Continued) 1 $560.00 $560.00 Lot 2, NWP 68166 RN 84484-0500-0 1 x $560.00 1 $3,500.00 $3,500.00 Lot 10, NWP 809 RN 84332-0600-X 1 x $3,500.00 1 $1,680.00 $1,680.00 Lot 45, NWP 43601 RN 84333-0700-9 1 x $1,680.00 1 $280.00 $280.00 Lot 11, NWP 809 RN 84333-0800-2 1 x $280.00 1 $140.00 $140.00 Parcel A (Ex. Plan 15693) RN 84333-0100-7 1 x $140.00 1 $798.00 $798.00 Lot 1, NWP 77744 RN 84483-0200-2 1 x $798.00 1 $2,394.00 $2,394.00 Lot 2, NWP 77744 RN 84483-0300-3 1 x $2,394.00 1 $1,596.00 $1,596.00 Lot B, NWP 23217 RN 84481-0200-9 1 x $1,596.00 1 $3,192.00 $3,192.00 Lot C, NWP 23217 RN 84481-0300-2 1 x $3,192.00 1 $3,458.00 $3,458.00 Lot A, NWP 7408 RN 84334-0000-9 1 x $3,458.00 1 $266 $266 Lot 3, NWP 61001 RN 84349-5400-2 1 x $266.00 Page 6 A total of all of the aforementioned services for each property is as follows: Lot 1, Sec. 15, TP 12, NWP 3452 RN 84497-0000-0 $55,992.00 Lot 9, Sec 10, TP 12, NWP 809 RN 84330-0000-7 $87,788.00 Parcel A (RP13033), Sec 15, TP 12, NWP 7709 RN 84485-0100-7 $33,831.00 Lot 18, Sec 15, TP 12, NWP 50696 RN 84485-1000-8 $82,940.00 Lot 17, Sec 15, TP 12, NWP 50696 RN 84485-0900-6 $1,398.00 Lot 1, Sec 15, TP 12, NWP 68166 RN 84484-0400-0 $36,627.00 Lot 2, Sec 15, TP 12, NWP 68166 RN 84484-0500-0 $16,591.00 Lot 10,Sec 10, TP 12, NWP 809 RN 84332-0600-X $31,270.00 Lot 45, Sec. 10, TP 12, NWP 43601 RN 84333-0700-9 $39,004.00 Lot 11, Sec. 10, TP 12, NWP 809 RN 84333-0800-2 $33,132.00 Parcel A (Ex. Plan 15693), Portion of Lot 11, Sec. 10, TP 12, NWP 809 RN 84333-0100-7 $18,638.00 Lot 1, Sec. 15, TP 12, NWP 77744 RN 84483-0200-2 $3,333.00 Lot 2, Sec 15, TP 12, NWP 77744 RN 84483-0300-3 $25,764.00 Lot B, Sec 15, TP 12, NWP 23217 RN 84481-0200-9 $31,581.00 Lot C, Sec. 15, TP 12, NWP 23217 RN 84481-0300-2 $13,332.00 Lot A, Sec 10, TP 12, NWP 7408 RN 84334-0000-9 $75,958 Lot 3, Sec 10, TP 12, NWP 61001 RN 84349-5400-2 $7,726.00 Page 1 of 6 EXCESS CAPACITY LATECOMER AGREEMENT LC 157/14 -- SD/91/10 THIS AGREEMENT made the day of , 2015 BETWEEN: Cipe Homes Inc . 20050 Stewart Crescent, Suite 201 Maple Ridge, BC V2X 0T4 (Hereinafter called the “Subdivider”) OF THE FIRST PART AND: THE CITY OF MAPLE RIDGE, a Municipal Corporation under the “Municipal Act”, having its offices at 11995 Haney Place, in the City of Maple Ridge, in the Province of British Columbia (Hereinafter called the “Municipality”) OF THE SECOND PART WHEREAS: A. The Subdivider has developed certain lands and premises located within the City of Maple Ridge, in the Province of British Columbia, and more particularly known and described as: Lot 1, Section 15, Township 12, NWD Plan 7709 (Hereinafter called the “said lands”); B. In order to facilitate the approval of the subdivision of the said lands, the Subdivider has constructed and installed the water mains and sanitary sewer shown on the design prepared by Damax Consultants Ltd., Job number E-10-461, Sheets 1 to 31 of 32, stamped “Reviewed as Noted” by the Municipality August 10, 2012, Municipal Project No 5245-20-1206. (Hereinafter called the “Extended Services”); C. The extended services have been provided with a capacity to service the said lands and other than the said lands; D. The Municipality considers its cost to provide the Extended Services to be excessive; Page 2 of 6 E. The Subdivider has provided the Extended Services in the Amount of $787,178.00. F. The Municipality has determined that Lot 1, Sec. 15, TP 12, NWP 3452 Lot 9, Sec 10, TP 12, NWP 809 Parcel A (RP13033), Sec 15, TP 12, NWP 7709 Lot 18, Sec 15, TP 12, NWP 50696 Lot 17, Sec 15, TP 12, NWP 50696 Lot 1, Sec 15, TP 12, NWP 68166 Lot 2, Sec 15, TP 12, NWP 68166 Lot 10, Sec.10, TP 12, NWP 809 Lot 45, Sec. 10, TP 12, NWP 43601 Lot 11, Sec. 10, TP 12, NWP 809 Parcel A (Ex. Plan 15693), Portion of Lot 11, Sec. 10, TP 12, NWP 809 Lot 1, Sec. 15, TP 12, NWP 77744 Lot 2, Sec. 15, TP 12, NWP 77744 Lot B, Sec. 15, TP 12, NWP 23217 Lot C, Sec. 15, TP 12, NWP 23217 Lot A Sec. 10, TP 12, NWP 7408 Lot 3 Sec. 10, TP 12, NWP 61001 (the “Benefitting Lands”) will benefit from the Extended Services; G. The Municipality has imposed as a condition of the owner of the Benefitting Lands connecting to or using the Extended Services, a charge (the “Latecomer Charge”) on the Benefitting Lands in the following amounts: Lot 1, Sec. 15, TP 12, NWP 3452 RN 84497-0000-0  $24,196.00 per lot to a maximum of $48,392.00 for direct connection to the sanitary sewer  $7,600.00 for a direct connection to the water main Lot 9, Sec 10, TP 12, NWP 809 RN 84330-0000-7  $24,196.00 per lot to a maximum of $72,588.00 for direct connection to the sanitary sewer  $7,600.00 per lot to a maximum of $15,200.00 for direct connection to the water main Page 3 of 6 Parcel A (RP13033), Sec 15, TP 12, NWP 7709 RN 84485-0100-7  $13,795.00 per lot to a maximum of $27,590.00 for direct connection to the sanitary sewer  $1,677.00 for use of the municipal sanitary sewer system  $4,144.00 for direct connection to the water main  $420.00 for use of the municipal water system Lot 18, Sec 15, TP 12, NWP 50696 RN 84485-1000-8  $13,795.00 per lot to a maximum of $55,180.00 for direct connection to the sanitary sewer  $8,944.00 for use of the municipal sanitary sewer system  $4,144.00 per lot to a maximum of $16,576.00 for direct connection to the water main  $2,240.00 for use of the municipal water system Lot 17, Sec 15, TP 12, NWP 50696 RN 84485-0900-6  $1,118.00 for use of the municipal sanitary sewer system  $280.00 for use of the municipal water system Lot 1, Sec 15, TP 12, NWP 68166 RN 84484-0400-0  $13,795.00 per lot to a maximum of $27,590.00 for direct connection to the sanitary sewer  $3,913.00 for use of the municipal sanitary sewer system  $4,144.00 for direct connection to the water main  $980.00 for use of the municipal water system Lot 2, Sec 15, TP 12, NWP 68166 RN 84484-0500-0  $13,795.00 for direct connection to the sanitary sewer  $2,236.00 for use of the municipal sanitary sewer system  $560.00 for use of the municipal water system Lot 10, Sec 10, TP 12, NWP 809 RN 84332-0600-X  $13,795.00 for direct connection to the sanitary sewer  $13,975.00 for use of the municipal sanitary sewer system  $3,500.00 for use of the municipal water system Page 4 of 6 Lot 45, Sec. 10, TP 12, NWP 43601 RN 84333-0700-9  $13,795.00 per lot to a maximum of $27,590.00 for direct connection to the sanitary sewer  $5,590.00 for use of the municipal sanitary sewer system  $4,144.00 for direct connection to the water main  $1,680.00 for use of the municipal water system Lot 11, Sec. 10, TP 12, NWP 809 RN 84333-0800-2  $13,795.00 per lot to a maximum of $27,222.00 for direct connection to the sanitary sewer  $1,118.00 for use of the municipal sanitary sewer system  $4,144.00 for direct connection to the water main  $280.00 for use of the municipal water system Parcel A (Ex. Plan 15693), Portion of Lot 11, Sec. 10, TP 12, NWP 809 RN 84333-0100-7  $13,795.00 for direct connection to the sanitary sewer  $559.00 for use of the municipal sanitary sewer system  $4,144.00 for direct connection to the water main  $140.00 for use of the municipal water system Lot 1, Sec. 15, TP 12, NWP 77744 RN 84483-0200-2  $2,535.00 for use of the municipal sanitary sewer system  $798.00 for use of the municipal water system Lot 2, Sec 15, TP 12, NWP 77744 RN 84483-0300-3  $6,615.00 per lot to a maximum of $13,230.00 for direct connection to the sanitary sewer  $7,605.00 for use of the municipal sanitary sewer system  $2,535.00 for direct connection to the water main  $2,394.00 for use of the municipal water system Lot B, Sec 15, TP 12, NWP 23217 RN 84481-0200-9  $6,615.00 per lot to a maximum of $19,845.00 for direct connection to the sanitary sewer  $5,070.00 for use of the municipal sanitary sewer system  $2,535.00 per lot to a maximum of $5,070.00 for direct connection to the water main  $1,596.00 for use of the municipal water system Page 5 of 6 Lot C, Sec. 15, TP 12, NWP 23217 RN 84481-0300-2  $10,140.00 for use of the municipal sanitary sewer system  $3,192.00 for use of the municipal water system Lot A, Sec 10, TP 12, NWP 7408 RN 84334-0000-9  $6,615.00 per lot to a maximum of $46,305.00 for direct connection to the sanitary sewer  $10,985.00 for use of the municipal sanitary sewer system  $2,535.00 per lot to a maximum of $15,210.00 for direct connection to the water main  $3,458.00 for use of the municipal water system Lot 3, Sec 10, TP 12, NWP 61001 RN 84349-5400-2  $6,615.00 for direct connection to the sanitary sewer  $845.00 for use of the municipal sanitary sewer system  $266.00 for use of the municipal water system plus interest calculated annually from the date of completion of the Extended Services as certified by the General Manager – Public Works & Development Services of the Municipality (the “Completion Date”) to the date of connection of the Benefitting Lands to the Extended Services; H. The Latecomer Charge when paid by the owner of the Benefitting Lands and collected by the Municipality shall pursuant to Section 939 (7) of the Local Government Act R.S.B.C. 1996, c.323 be paid to the Subdivider as provided for in this Agreement. NOW THEREFORE AS AUTHORIZED BY Section 939 (9) of the Local Government Act R.S.B.C 1996, c. 323, the parties hereto agree as follows: 1. The Latecomer Charge, if paid by the owner of the Benefitting Lands and collected by the Municipality within fifteen (15) years of the Completion Date shall be paid to the Subdivider and in such case payment will be made within 30 days of the next June 30th or December 31st that follows the date on which the Latecomer Charge was collected by the Municipality. 2. This Agreement shall expire and shall be of no further force and effect for any purpose on the earlier of the payment of the Latecomer Charge by the Municipality to the Subdivider, or fifteen (15) years from the Completion Date, and thereafter the Municipality shall be forever fully released and wholly discharged from any and all Page 6 of 6 liability and obligations herein, or howsoever arising pertaining to the Latecomer Charge, and whether arising before or after the expiry of this Agreement. 3. The Subdivider represents and warrants to the Municipality that the Subdivider has not received, claimed, demanded or collected money or any other consideration from the owner of the Benefitting Lands for the provision, or expectation of the provision of the Extended Services, other than as contemplated and as provided for herein; and further represents and warrants that he has not entered into any agreement with the owner of the Benefitting Lands for consideration in any way related to or connected directly or indirectly with the provision of the Extended Services. The representations and warranties of the Subdivider herein shall, notwithstanding paragraph 2 of this Agreement, survive the expiry of this Agreement. 4. The Subdivider (if more than one corporate body or person) hereby agrees that the Municipality shall remit the Latecomer Charge to each corporate body or person in equal shares. 5. If the Subdivider is a sole corporate body or person, the Municipality shall remit the Latecomer Charge to the said sole corporate body or person, with a copy to the following (name and address of director of corporate body, accountant, lawyer, etc.): 6. In the event that the Subdivider is not the owner of the said lands, the owner shall hereby grant, assign, transfer and set over unto the Subdivider, his heirs and assigns, all rights, title and interest under this Agreement. IN WITNESS WHEREOF the parties hereto have hereunto affixed their respective Corporate Seals, attested by the hands of their respective officers duly authorized in that behalf, the day and year first above written. SUBDIVIDER Subdivider - Authorized Signatory Subdivider - Authorized Signatory CITY OF MAPLE RIDGE Corporate Officer - Authorized Signatory City of Maple Ridge TO:Her Worship Mayor Nicole Read MEETING DATE:September 14, 2015 and Members of Council FILE NO:11-5220-02 FROM:Chief Administrative Officer MEETING:C of W SUBJECT:Maple Ridge Subdivision and Development Servicing Amending Bylaw 7093- 2014 EXECUTIVE SUMMARY: Section 938 of the Local Government Act enables the City to regulate the requirements for the provision of engineering works and services in conjunction with the subdivision and development of land.On that basis,the City established the Maple Ridge Subdivision and Development Servicing Bylaw 4800-1993 to identify the level of servicing based upon zoning, the standard road right-of-way widths, design criteria and the standard drawings and specifications. As part of the Subdivision and Servicing Bylaw,the City’s Standard Drawings and Specifications direct how the engineering works and services are to be designed and constructed. This document was adopted in 1995 and requires updating to be in line with current engineering practices and regulations. In the interim,the Engineering Department has implemented the Master Municipal Construction Documents (MMCD) for use on capital projects and has worked closely with professional engineers and the development community to ensure that the proposed design criteria, specifications and standard drawings meet the City’s needs and reflects industry best practices and regulations. The purpose of this report is to amend Maple Ridge Subdivision and Development Servicing Bylaw 4800-1993 and this includes clarification of definitions,an update to the Standard Drawings and Specifications and the reorganization of the schedules appended to the existing bylaw. RECOMMENDATION: THAT Maple Ridge Subdivision and Development Servicing Amending Bylaw 7093 -2014,be given first, second and third readings. DISCUSSION: a)Background Context: Section 938 of the Local Government Act enables the City to regulate the requirements for the provision of engineering works and services in conjunction with the subdivision and development of land.The Engineering Department utilizes the Subdivision and Development Servicing Bylaw to establish the level of services required, identify any servicing deficiencies and provide guidance on how to design and construct the necessary service improvements to support the development. 1114 A full update of the existing Standard Drawings and Specifications is required to bring the documents in line with current engineering practices and regulations as the existing Design Criteria was not formally incorporated into the bylaw and the Standard Drawings and Specifications were last amended in 1995. In the interim the Engineering Department has implemented MMCD for use on capital projects that has formed the foundation for the update to the Design Criteria Manual,Supplementary Specification and Supplementary Standard Detail Drawings.The Engineering Department has since worked closely with professional engineering consultants to develop the proposed Design Criteria Manual,Supplementary Specifications and Supplementary Standard Detail Drawings in order to meet the City’s needs and reflect industry best practices and regulations. The bylaw amendments include clarification to definitions to reflect the Local Government Act, inclusion of the Design Criteria Manual,an update to the Supplementary Specifications and Supplementary Standard Detail Drawings, and the order of the schedules was also reviewed and changed to better reflect the development process. Existing Bylaw Schedules Engineering requirements for the development process is regulated by Bylaw 4800-1993. The existing schedules establish the level of servicing,infrastructure design criteria and the construction standards in Maple Ridge.Schedule A “Services and Utilities”identifies the municipal services required for each zone;Schedule B “Road Right-of-Way Widths”identifies the road right-of way widths;Schedule C “Standard Drawings and Specifications”,was prepared in 1995 and is used by consulting engineers to prepare the detailed design submission for review and acceptance by the City and ultimately guide the construction and inspection of the municipal works required to address the servicing deficiencies;Schedule D “Existing Urban Area” is a map that identifies the area which is exempt from providing underground wiring. Proposed Bylaw Revision/Amendments A number of updates are proposed to amend the existing bylaw to better reflect current engineering standards and best management practices. Each of the proposed amendments has been identified in the attached Amending Bylaw No 7093-2014. These amendments have been developed over a period of time through working with consulting engineers on development projects, and were more recently peer reviewed by an external consultant who has also worked closely on the development of the MMCD design and contract documents. A final draft document was circulated to engineering consultants that undertake a number of projects in the City for comments, and subsequent consideration in the document.The revisions are as follows: First, amend the Definition of Development,to read as follows: Development means the improvement of land through subdivision or building permit which may require the installation of “works” and “Services”. This change is supported through the Local Government Act Division 11, Section 938(6) where a local government may require that the owner of the land provide works and services, in accordance with the standards established in a bylaw, on a highway immediately adjacent to the site being subdivided or developed, up to the centre line of the highway as a condition of either a subdivision or building permit. Secondly, amend Schedule B “Road Right-of-Way Widths”to include the addition of road classifications with bike lanes, medians and the Silver Valley road standards identified in the Official Community Plan (OCP). No changes to the right-of-way widths were made with the exception of collector routes that require bike lanes which increased from 20m to 24m.The amended Schedule B is included in the attached amending bylaw. Thirdly, delete the existing Schedule C “Standard Drawings and Specifications” and replace with three separate documents including Schedule D “Design Criteria Manual”;Schedule E “Supplementary Specifications”;and Schedule F “Supplementary Standard Detail Drawings”. The three new schedules are described below and have been incorporated into the “City of Maple Ridge Design and Construction Documents”and are appended to this report. The Design Criteria Manual is used by consultants to provide the minimum engineering requirements for designing infrastructure in support of the development of land in the City. The Supplementary Specifications state the standards to which infrastructure is to be constructed. The MMCD specifications identify general conditions that apply to the majority of BC municipalities,such as material compaction.Supplementary Specifications are modifications made to MMCD that are unique to the City. The Supplementary Specifications have been developed by both the Engineering and Operations Departments to identify all the necessary modifications required to meet City standards and construction practices. The Supplementary Standard Detail Drawings are referenced in engineering designs by consultants and contractors to provide the configuration of municipal servicing being designed. To meet the requirements of the City the Supplementary Standard Detail Drawings provide guidance to specific cross-sectional layouts, for instance the Silver Valley Streetscapes. The City of Maple Ridge Design and Construction Documents was prepared through working closely with professional consulting engineers to ensure that the proposed design criteria meet the current City needs and reflects industry best practices and regulations. The use of MMCD for capital projects formed the foundation for this document and has been reviewed by external consultants for consistency with MMCD.The Design and Construction Document will be updated by the Engineering Department on a regular basis to remain current with standard practices and best management principles. b)Strategic Alignment: Updating the bylaw schedules is in accordance with the Local Government Act and is necessary to provide clear and current direction to the design and implementation of municipal infrastructure through development. c)Citizen/Customer Implications: The bylaw update improves the direction provided to professional engineers and contractors for the design and construction of municipal infrastructure. d)Interdepartmental Implications: The consistency of designs and construction specifications will reduce the potential for field issues that arise during the construction process. e)Alternatives: The alternative is to not adopt the updates to the Maple Ridge Subdivision and Development Servicing bylaw 4800-1993 and continue using the existing bylaw. Without the adoption of current design guidelines, specifications and detailed design drawings it can be challenging to provide clear and consistent direction to engineers with regards to the design requirements necessary to meet the City needs. CONCLUSIONS: Schedule C of the Maple Ridge Subdivision and Development Servicing bylaw 4800-1993 was adopted in 1995 and requires updating to be in line with current engineering practices and regulations.The updates identified have been developed by City staff over a period of time and have been peer reviewed for comment by legal counsel,an independent third party consultant,as well as consulting engineers that undertake multiple projects in the City. Adoption of the amended bylaw will improve both the direction provided to consulting engineers during the design phase as well as the consistency of construction expectations placed upon contactors. It is anticipated that any minor revisions will be brought to Council as text amendments as required. The criteria will be modified on a continuous basis to remain current and to address any unique servicing issue to Maple Ridge with annual updates to Council as necessary. “Original signed by Stephen Judd” _______________________________________ Prepared by:Stephen Judd, PEng. Manager of Infrastructure Development “Original signed by David Pollock” _______________________________________ Reviewed by:David Pollock, PEng. Municipal Engineer “Original signed by Christine Carter” for _______________________________________ Approved by:Frank Quinn, MBA, PEng. GM: Public Works & Development Services “Original signed by Kelly Swift” _______________________________________ Concurrence:Kelly Swift Acting Chief Administrative Officer SJ:mi Att. CITY OF MAPLE RIDGE BYLAW NO.7093-2014 A Bylaw to further amend Maple Ridge Subdivision and Development Servicing Bylaw 4800-1993 WHEREAS it is deemed expedient to amend the Maple Ridge Subdivision and Development Servicing Bylaw 4800-1993 to update Schedule C to better reflect current Engineering Standards and the Platinum MMCD documents used for City Capital Designs;and NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows: 1.This Bylaw shall be cited for all purposes as “Maple Ridge Subdivision and Development Servicing Amending Bylaw 7093-2014”. 2.Maple Ridge Subdivision and Development Servicing Bylaw 4800-1993 be further amended by: a)Replacing any reference to the “District of Maple Ridge” with “City of Maple Ridge” b)In Part 1: General, Section B Definitions,delete and replace the following definition: Development –means the improvement of land through subdivision or building permit which may require the installation of “Works” and “Services”. c)In Part II:Application Procedure, Section B:Application For Preliminary Approval, delete 2 (b)(vi) in its entirety and replace with the following: (vi)Accurate location of all existing buildings, structures and services within the proposed subdivision. d)In Part IV: General Requirements, Section B: Highways,delete Sub-Section 3 in its entirety and replace with the following: 3. Where lands are being improved for Commercial, Industrial, Institutional or Multi-Residential use the Street or Streets fronting the development site must be designed and constructed to collector street standards as set out in Schedule D “Design Criteria Manual”, Schedule E “Supplementary Specifications and Schedule F “Supplementary Standard Detail Drawings”. e)In Part IV: General Requirements, Section B: Highways, delete Sub-Section 4 in its entirety and replace with the following: 4. Where the standard of surfacing, curbing, drainage,or other works identified in Schedule A on existing highways within or immediately adjacent to a proposed subdivision or development is less than that prescribed by this Bylaw APPENDIX A for the existing zone, they shall be improved by the applicant to the standard prescribed in this Bylaw. f)In Part IV: General Requirements, Section D:Construction Standards,delete Section D in its entirety and replace with the following: D.Design and Construction Standards All design and construction required under this bylaw shall be performed in accordance with the standards set out in Schedule D “Design Criteria Manual”, Schedule E “Supplementary Specifications” and Schedule F “Supplementary Standard Detail Drawings”as amended from time to time;as well as the MMCD Volume II. Platinum Edition (2009)Master Municipal Specification and Detailed Design Drawings together with all supplementaries as approved by MMCD. The Schedules shall govern and take precedence in the following order with the servicing agreement taking precedence over all other documents : i)Servicing Agreement, including all Schedules ii)Design Criteria Manual iii)Supplementary Standard Detail Drawings iv)Standard Detail Drawings* v)Supplementary Specifications vi)Specifications* NOTE: The Documents noted with “*” are contained in the Master Municipal Construction Documents –Volume II, Platinum Edition (2009) together with the updates. g)In Schedule A “Services and Utilities”, delete Note 3 in its entirety and replace with the following: Note 3 Parcels created abutting highway rights-of-way serviceable by an existing above ground utility system may be exempted from the requirement to provide underground wiring. This exemption shall not apply when road upgrading of the fronting street to an urban standard as part of the subdivision or development. h)In Schedule A “Services and Utilities”, delete Note 5 in its entirety and replace with the following: Note 5 Parcels abutting highway rights-of-way serviced by an existing above ground utility system are exempted from the requirement to convert the existing utility system to underground wiring on the abutting highway, provided that the parcel is located within the area identified as the Existing Urban Area as shown on the attached map labeled Schedule “B” and the parcel is serviced by an underground dip connection. i)Delete Schedule B, as amended,in its entirety and replace with Schedule B “Existing Urban Area”, attached hereto. j)Delete Schedule C in its entirety and replace with Schedule C “Required Right-of-Way Widths”, attached hereto. k)Delete Schedule D in its entirety and replace with Schedule D “Design Criteria Manual”,attached hereto. l)Add Schedule E “Supplementary Specifications”,attached hereto. m)Add Schedule F “Supplementary Standard Detail Drawings”,attached hereto. READ a first time the day of , 20 . READ a second time the day of ,20 . READ a third time the day of ,20 . ADOPTED the day of ,20 . ________________________________________________________ PRESIDING MEMBER CORPORATE OFFICER Attachments:Schedules B, C, D,E & F Maple Ridge Subdivision and Development Servicing Bylaw Schedule “B” Existing Urban Area Maple Ridge Subdivision and Development Servicing Bylaw Schedule “C” Required Right-of-Way Widths Highway Classification Minimum Width (Note 1)Minimum R-O-W Radius 1.Arterial Street Undivided Without Bike Lane 26m Undivided With Bike Lane 26m Divided Design Specific Silver Valley 20m 2.Collector Street Without Bike Lane 20m With Bike Lane 24m Silver Valley 20m 3.Through Local Street Rural standard 20m Urban standard 18m Silver Valley 1 13m Silver Valley 2 16m Silver Valley 3 18m 4.Limited Local Street Rural standard 20m 15.5m Urban standard 15m 14m 5.Lane Standard 7.5m Silver Valley 6m Note 1 Notwithstanding the right-of-way width specified, when the Approving Officer determines that due to terrain and/or soil conditions a roadway having a width of 8m cannot be adequately supported, protected and drained, the right-of-way requirement shall be determined by the width of the cross section of the road plus 3m from the top of the cutbank or the toe of slope. Where a highway right-of-way width is less than the required minimum provided for in this Schedule, the Approving Officer may approve the subdivision where he is satisfied that: (a)all required services can be provided within a smaller right-of-way; and (b)the required right-of-way width may be satisfied in the future by obtaining the dedication of necessary lands from other lands abutting the right -of-way upon later subdivision;or (c)the lands to be subdivided already abut on an open and traveled highway the width and capacity of which, although not meeting the standard herein, need not be increased to service either the subdivision to be approved or foreseeable potential subdivision of other lands also abutting the said highway. Maple Ridge Subdivision and Development Servicing Bylaw Schedule “D” Design Criteria Manual The Design Criteria Manual is available on the City Website or for a charge from the Engineering Department and forms Part 1 of the City of Maple Ridge Design and Construction Documents. Link to Appendix B Schedule D, E and F Maple Ridge Subdivision and Development Servicing Bylaw Schedule “E” Supplementary Specifications The Supplementary Specifications are available on the City Website or for a charge from the Engineering Department and forms Part 2 of the City of Maple Ridge Design and Construction Documents. Link to Appendix B Schedule D, E and F Maple Ridge Subdivision and Development Servicing Bylaw Schedule “F” Supplementary Standard Detail Drawings The Supplementary Standard Detail Drawings are available Online or for a charge from the Engineering Department and forms Part 4 of the City of Maple Ridge Design and Construction Documents. Link to Appendix B Schedule D, E and F City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: September 14, 2015 and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: COW SUBJECT: City-Owned Town Centre Lands – Purchase and Sale Agreement EXECUTIVE SUMMARY: The purpose of this report is to notify Council of the completion of the notification process for disposal of municipally-owned land as required under Sections 26 and 94 of the Community Charter and to seek Council’s approval to complete the Purchase and Sale Agreement for the sale of the City of Maple Ridge’s 3.04 acre Town Centre Lands. On December 15, 2010, the City of Maple Ridge completed the purchase of 14 properties located between Haney Place Mall and ValleyFair Mall - a development site that encompassed 3.04 acres. The City’s cost for the property including acquisition costs, demolition of the existing homes and preliminary environmental remediation amounted to about $4 million dollars. In October 2014, a Request for Proposals was released and in April of 2015, Council directed staff to proceed with discussions and negotiations with the lead proponent, Falcon Homes. The Business Terms and Conditions reached with Falcon were approved by Council on July 20, 2015. Council approved the Purchase and Sale Agreement on August 31, 2015 and Public Notice of Disposition was inserted into the Maple Ridge News on September 4, 2015 and September 9, 2015 fulfilling the two-week notice period. RECOMMENDATION(S): Whereas the notification process for the disposal of municipally owned land has been completed, that staff be directed to complete the Purchase and Sale Agreement between the City of Maple Ridge and Falcon Homes Ltd. for the City’s 3.04 acre Town Centre Lands reflecting the business terms as approved by Council on August 31, 2015; and further That the Corporate Officer be authorized to execute the Agreement. DISCUSSION: a)Background Context: On December 15, 2010, the City of Maple Ridge completed the purchase of 14 properties located between Haney Place Mall and ValleyFair Mall - a development site encompassing 3.04 acres which cost the City about $4 million dollars. Staff prepared and released a Request for Proposals (RFP) on October 6, 2014, which closed on January 16, 2015. In April of 2015, staff presented an overview of the RFP submissions for 1 | Page1131 Council’s consideration and identified Falcon Homes as the primary proponent. From this presentation, Council directed staff to “enter into discussions and negotiations with the lead proponent (Falcon Homes) with a view to arriving at a mutual understanding of the key business points to be included in a formal Letter of Intent and that staff report back to Council on the outcome of that process.” The key business terms that staff arrived at were approved by Council on July 20, 2015. The business terms for the Town Centre Lands were incorporated into a formal Purchase and Sale Agreement (PSA) which was subsequently approved on August 31, 2015. On this date, staff were also directed to initiate and complete the notification process for disposal of municipally-owned land as required under Sections 26 and 94 of the Community Charter. Newspaper advertisements were posted in the Maple Ridge News on September 4, 2015 and September 9, 2015 which fulfilled the requisite two-week notice period. A copy of the advertisement is included as Appendix A. No correspondence was received by the City as related to the Disposition Notice. The final requirement to complete the sale of the City’s Town Centre Lands is signature of the Purchase and Sale Agreement dated August 27, 2015. This Agreement is included as Appendix B. b)Desired Outcome The desired outcome is for completion of the Purchase and Sale Agreement such that the purchaser can commence the planning and permitting process for the first phase of the development. c)Citizen/Customer Implications: City-owned land is an asset of the taxpayers of Maple Ridge. Proactive utilization of this asset will positively enhance the community as a whole, influencing the creation of special neighbourhoods, generating new jobs, greater tax revenues, supporting complementary businesses, and producing greater overall awareness of the community as a whole. While the City’s initial clean-up of the development site was viewed as very positive step for the community at large, there is the potential to develop something unique that blends in with, and supports, the surrounding neighborhood. As such, careful consideration was exercised to ensure that the final Purchase and Sale Agreement as negotiated with Falcon Homes will lead to a final development that is befitting the site’s true potential. d)Interdepartmental Implications: This initiative will continue to require cooperation and direct collaboration among Planning, Engineering, Parks and Leisure Services, Financing, Property & Risk Management and Economic Development as well as the City’s Corporate Management Team. e)Business Plan/Financial Implications: There will be direct business plan implications for the 2016 – 2020 planning cycles for the departments involved and it should be expected that the proposed development will consume staff resources from within each department. f)Policy Implications: While this particular development site falls within the well-defined and articulated Town Centre Area Plan, it is possible that certain parcels contained within the site may be subject to either re-zoning or Official Community Plan amendments. Alternatives: Council may wish to defer completion of the Purchase and Sale Agreement of the City-owned Town Centre Lands to a later date. 2 | Page CONCLUSIONS: Given the quality of the Falcon Homes RFP submission, coupled with the close alignment of the City’s development objectives with the negotiated business terms, the recommendation is to complete the attached Purchase and Sale Agreement. “Original signed by Darrell Denton”____________________ Prepared by: Darrell Denton Property and Property Manager “Original signed by Christine Carter” for_________________ Approved by: Frank Quinn, MBA, P. Eng General Manager, Public Works and Development Services “Original signed by Paul Gill” Approved by: Paul Gill, BBA, CGA General Manager: Corporate & Financial Services “Original signed by Kelly Swift” Concurrence: Kelly Swift General Manager: Community Development, Parks & Recreation Services Acting Chief Administrative Officer Appendix A: Maple Ridge News - Notice of Disposition - September 4, 2015 Appendix B: Purchase and Sale Agreement dated August 27, 2015 between the City of Maple Ridge and Falcon Homes Ltd. 3 | Page Appendix A: – Maple Ridge News - Notice of Disposition - September 4, 2015 4 | Page Q:\00039\0714\Agr-Psa-Falcon-Cr-V4 Final.Docx Aug 27, 2015 12:55 PM/CR PURCHASE AND SALE AGREEMENT THIS AGREEMENT dated for reference August 27, 2015 is BETWEEN: THE CORPORATION OF THE CITY OF MAPLE RIDGE, 11995 Haney Place, Maple Ridge, BC V2X 6A9 (the “City”) AND: FALCON HOMES LTD. a company incorporated in British Columbia under No. BC0868845, and having a registered office at 22311 – 119th Avenue, Maple Ridge, BC V2X 2Z2 (the “Developer”) In consideration of the promises exchanged below and other good and valuable consideration the receipt and sufficiency of which the City and Developer each acknowledge, the City and the Developer agree as follows: ARTICLE 1 - DEFINITIONS 1.1 Definitions – In this Agreement, in addition to any terms defined elsewhere in this Agreement: (a) “Business Day” means a day other than a Saturday, Sunday or statutory holiday in British Columbia. (b) “City’s Solicitors” means Young, Anderson. (c) “Completion” means completion of the transfer of a Phase of the Lands to the Developer in accordance with Article 4. (d) “Completion Date” means the date for completion of the transfer to the Developer of fee simple title to the lands in a Phase, determined in accordance with Article 2. (e) “Conditions Precedent” means the conditions precedent under Article 3. (f) “Contaminants” means (i) as defined in the Environmental Management Act: any biomedical waste, contamination, contaminant, effluent, pollution, recyclable material, refuse, hazardous waste or waste; 2 Q:\00039\0714\Agr-Psa-Falcon-Cr-V4 Final.Docx Aug 27, 2015 12:55 PM/CR (ii) matter of any kind which is or may be harmful to human safety or health or to the environment; or (iii) matter of any kind the storage, manufacture, disposal, emission, discharge, treatment, generation, use, transport, release, remediation, mitigation or removal of which is now or is at any time required, prohibited, controlled, regulated or licensed under any Environmental Laws. (g) “Day” means ordinary calendar day, provided that if the calculation of time produces a day is not a Business Day then the next following Business Day will be the calculated day. (h) “Deposit” means the sum of $1,000,000. (i) “Developer’s Solicitors” means Vernon & Thompson Law Group. (j) “Environmental Law” means any past, present or future common law or principle, enactment, statute, regulation, order, bylaw or permit, and any requirement, standard or guideline, of any Governmental Authority having jurisdiction, relating to the environment, environmental protection, pollution or public or occupational safety or health. (k) “Governmental Authority” means any federal, provincial, municipal, regional or local government or government authority, domestic or foreign, and includes any department, commission, bureau, board, administrative agency or regulatory body of any of the foregoing. (l) “GST” means any tax levied under Part IX of the Excise Tax Act (Canada) as the same may be amended or replaced from time to time, including for certainty, goods and services tax or the harmonized sales tax, as applicable. (m) “GST Certificate” means the certificate referred to in section 6.2. (n) “Lands” means all of the following properties in the City of Maple Ridge, and all improvements thereto, legally described as follows: PID: 009-280-618 Lot “A” District Lot 401 Group 1 NWD Plan 22418 PID: 009-280-642 Lot “B” District Lot 401 Group 1 NWD Plan 22418 PID: 009-280-685 Lot “C” District Lot 401 Group 1 NWD Plan 22418 3 Q:\00039\0714\Agr-Psa-Falcon-Cr-V4 Final.Docx Aug 27, 2015 12:55 PM/CR (the above three lots together hereinafter called “Phase 1 Lands”) PID: 011-418-796 Lot 5 District Lot 401 Group 1 NWD Plan 9236 PID: 011-418-800 Lot 6 District Lot 401 Group 1 NWD Plan 9236 (the above two lots together hereinafter called “Phase 2 Lands”) PID: 011-381-612 Lot 17 District Lot 401 Group 1 NWD Plan 9190 PID: 011-381-663 Lot 18 District Lot 401 Group 1 NWD Plan 9190 PID: 011-281-671 Lot 19 District Lot 401 Group 1 NWD Plan 9190 (the above three lots together hereinafter called “Phase 3 Lands”) PID: 011-381-604 Lot 15 District Lot 401 Group 1 NWD Plan 9190 PID: 002-605-708 Lot 16 District Lot 401 Group 1 NWD Plan 9190 (the above two lots together hereinafter called “Phase 4 Lands”) PID: 003-047-024 Lot 13 Parcel “D” District Lot 401 Group 1 NWD Plan 7997 PID: 011-298-235 Lot 14 Parcel “D” District Lot 401 Group 1 NWD Plan 7997 PID: 005-171-563 Lot 15 District Lot 401 Group 1 NWD Plan 7997 PID: 005-113-121 Lot 16 District Lot 401 Group 1 NWD Plan 7997 (the above four lots together hereinafter called “Phase 5 Lands”). 4 Q:\00039\0714\Agr-Psa-Falcon-Cr-V4 Final.Docx Aug 27, 2015 12:55 PM/CR (o) “LTO” means the appropriate land title office. (p) “Permitted Encumbrances” means the reservations and exceptions contained in the original grant from Crown, any liens, charges and encumbrances described in Schedule A, and any charges and encumbrances to be registered pursuant to this Agreement. (q) “Phase” means any of the five groups of lots comprising the Lands, as listed in the definition of “Lands” above, to be purchased by the Developer in accordance with the timeline contained in Article 2. (r) “Proposed Development” means the proposed development of the Lands by the Developer as described in Schedule B. (s) “Purchase Price” means the purchase price for each Phase in the amount identified in section 2.8, which purchase price does not include GST. (t) “Re-Purchase Option” means the agreement, in the form attached as Schedule C, to be entered into by the City and the Developer with respect to each Phase providing the City with an option to purchase the lands in that Phase exercisable by the City if the Developer does not commence development of the Phase in accordance with the Re-Purchase Option. (u) “Transfer” means a transfer or transfers in registrable form transferring the estate in fee simple of the lands in a Phase to the Developer. ARTICLE 2 - SALE OF LAND 2.1 Purchase and Sale of Lands – The Developer will purchase from the City, and the City will sell to the Developer, all of the Lands, free and clear of all liens, charges and encumbrances, except for the Permitted Encumbrances, in a series of five separate Completions, on the terms and conditions of this Agreement. 2.2 Re-Purchase Options - Concurrently with the Completion of the transfer to the Developer of fee simple title to the lands in each Phase, the Developer and the City will enter into, and the Developer will cause the Re-Purchase Option with respect to the lands in that Phase to be registered in the LTO. 2.3 Completion Date for Phase 1 Lands – The Completion Date for the transfer of the Phase 1 Lands to the Developer will be the day that is 21 Days following the issuance of a building permit for the Phase 1 Lands to the Developer, but may not be later than March 1, 2017. 2.4 Completion Date for Phase 2 Lands - The Completion Date for the transfer of the Phase 2 Lands will be the day that is 21 Days following the issuance of a building permit for the Phase 2 Lands to the Developer but may not be later than January 31, 2018. 5 Q:\00039\0714\Agr-Psa-Falcon-Cr-V4 Final.Docx Aug 27, 2015 12:55 PM/CR 2.5 Completion Date for Phase 3 Lands - The Completion Date for the transfer of the Phase 3 Lands will be the day that is 21 Days following the issuance of a building permit for the Phase 3 Lands to the Developer, but may not be later than October 31, 2018. 2.6 Completion Date for Phase 4 Lands - The Completion Date for the transfer of the Phase 4 Lands will be the day that is 21 Days following the issuance of a building permit for the Phase 4 Lands to the Developer, but may not be later than July 30, 2019. 2.7 Completion Date for Phase 5 Lands - The Completion Date for the transfer of the Phase 5 Lands will be the day that is 21 Days following the issuance of a building permit for the Phase 5 Lands to the Developer, but may not be later than April 30, 2020. 2.8 Purchase Price – The Developer and the City agree that Purchase Price for the Lands shall be as follows: (a) Phase 1 Lands $1,500,000.00 (b) Phase 2 Lands $1,500,000.00 (c) Phase 3 Lands: $1,500,000.00 (d) Phase 4 Lands $1,500,000.00 (e) Phase 5 Lands $1,000,000.00 all excluding GST, PROVIDED HOWEVER that if the Completion Date for either of the last two Phases will take place after August 1, 2019, the Purchase Price for those last two Phases will be determined by the appraisal mechanism determined pursuant to section 2.9. If either of the last two Phases to complete are appraised using the mechanism below, the Developer understands that the City will need to give public notice of disposition showing the revised purchase price. 2.9 Appraisal for Late Completion - The City, if it wishes to use the appraisal method of valuing either or both of the last two Phases to complete, as the case may be, as described in section 2.8, will be responsible for obtaining an appraisal of that Phase at the appropriate time by an appraiser chosen by the City, having at least 5 years real estate appraisal experience in the Lower Mainland and with the Appraisal Institute of Canada AACI designation, the American Institute of Real Estate MAI designation, or the Real Estate Institute of British Columbia (RBC) designation. The City is responsible for half the cost of the appraisal and the Developer is responsible for half the cost of the appraisal. The appraiser’s estimate of the market value of that Phase, will be final and conclusive, and cannot be challenged by either the City or the Developer. The appraisal shall be based on the following: 6 Q:\00039\0714\Agr-Psa-Falcon-Cr-V4 Final.Docx Aug 27, 2015 12:55 PM/CR (a) The purpose of the appraisal shall be to estimate the market value of the Lands as at the date of the fulfilment of the developer’s condition precedent in section 3.1; (b) Market value shall be defined as the highest price in terms of money which that Phase, as the case may be should bring in a competitive and open market under all conditions requisite to a fair sale and the buyer and seller each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus; (c) The highest and best use of that Phase is as a multi-family development, as described in the developer’s condition precedent in section 3.1without reference to the development on the remainder of the Lands; (d) It shall be assumed by the appraiser that there are no hidden conditions that would render that Phase more or less valuable; and (e) The appraisal price may not be less than the stipulated applicable purchase price for that Phase in section 2.8, as the case may be. The parties agree that the calculation of purchase price for that Phase is reasonable having regard to the City’s statutorily mandated obligation to receive fair market value for municipal real property. 2.10 Payment of Purchase Price - The parties agree that, subject to the Purchase Price adjustments provided for in this agreement, the Purchase Price must be paid by the Developer s follows: (a) by payment of the Deposit forthwith upon execution of this agreement by the Purchaser to be held by the Developer’s Solicitors in trust, with the City and the Developer agreeing that: (i) upon Completion, the Deposit must be credited on account of the Purchase Price for Completion of each Phase as follows: (1) $200,000 for the Phase 1 Lands; (2) $200,000 for the Phase 2 Lands; (3) $200,000 for the Phase 3 Lands; (4) $200,000 for the Phase 4 Lands; and (5) $200,000 for the Phase 5 Lands; 7 Q:\00039\0714\Agr-Psa-Falcon-Cr-V4 Final.Docx Aug 27, 2015 12:55 PM/CR (ii) the Deposit, or any remainder of the Deposit, must be paid to the City if the Developer is in default of its obligation to Complete the purchase of the subsequent Phase(s) under this agreement and that default is not waived in writing by the City, and such payment will constitute liquidated damages and preclude the City from exercising any other legal remedies available to it, the parties agreeing that the Deposit constitutes a genuine pre-estimate of the City’s damages, (iii) the Deposit, or any remainder of the Deposit, must be repaid to the Developer if the City is in default of its obligation to complete the sale of the Land under this agreement and that default is not waived in writing by the Developer; and (b) by payment to the Vendor on the Completion Date of the balance of the Purchase Price for each Phase as adjusted pursuant to section 4.3. 2.11 Right to extend if building permit delayed - If any building permit has been applied for by the Developer but has not been issued by any of the ultimate deadlines for completion of a Phase contained in any of sections 2.3 through 2.7, the Developer will be entitled to and may by written notice to the City elect to either: (a) extend the deadline for completion of that Phase for a period of not more than ninety (90) days to allow for the City to issue the required building permit; or (b) terminate this Agreement with respect to that Phase, in which event the Deposit for that Phase, plus accrued interest thereon, shall be forthwith returned to the Purchaser without set-off or deduction and neither the City nor the Developer will have any rights, duties, obligations or liabilities arising out of or in connection with that Phase or the transaction for that Phase as contemplated herein save and except for the obligations of the Developer pursuant to section 5.4. ARTICLE 3 - CONDITIONS PRECEDENT 3.1 Developer’s Conditions Precedent – The Developer’s obligation to complete the transactions contemplated by this Agreement is subject to the satisfaction of the following condition precedent, which is for sole the benefit of the Developer and may be waived by the Developer at any time at its sole discretion: (a) On or before 21 Days before the Completion Date for a Phase, the Developer has obtained a rezoning of the lands within that Phase to a mixed-use zoning under Zoning Bylaw No. 3510 of the City of Maple Ridge, as amended, in compliance with both the City’s Official Community Plan and the City’s Town Centre Area Plan, that permits the construction of the Proposed Development. 8 Q:\00039\0714\Agr-Psa-Falcon-Cr-V4 Final.Docx Aug 27, 2015 12:55 PM/CR In consideration of $10.00 non-refundable paid by the Developer to the City and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the City, the City agrees not to revoke its acceptance of this Agreement while it remains subject to the conditions precedent under this section. If the Developer does not give the City notice of its satisfaction or waiver of any of the conditions precedent under this section within the time provided herein, this Agreement will automatically terminate. 3.2 Termination of Agreement – If any of the Conditions Precedent is not satisfied or, if permitted, waived in accordance with this Article within the applicable time provided for herein, this Agreement shall automatically terminate and the parties will have no further obligations under this Agreement except pursuant to section 5.4, which shall survive such termination. ARTICLE 4 - COMPLETION 4.1 General - This Article sets out the terms and conditions applicable to the Completion of the transfer to the Developer of fee simple title to all lands in each Phase. Terms defined in this Agreement are used in this Article in reference to the applicable lands in each Phase being transferred, where applicable, in any given case. 4.2 Title and Possession – On the Completion Date, the City will: (a) convey the estate in fee simple of the lands in each Phase to the Developer free and clear of all liens, charges and encumbrances except for the Permitted Encumbrances; and (b) give vacant possession of the lands in each Phase to the Developer, subject only to the Permitted Encumbrances. 4.3 Adjustments & Payment – All adjustments in respect of each Phase, both incoming and outgoing, usually the subject of adjustments between a vendor and a purchaser in connection with the purchase and sale of land will be made up to and including the applicable Completion Date. The party owing payment to the other pursuant to the statement of adjustments with respect to the transfer of a Phase will pay that amount by delivering a cheque for same to the other party on the Completion Date. Since the Developer will not pay property taxes on the Phase in the year of acquisition, the Developer agrees that it will pay, as an addition to the Purchase Price, an amount equal to the taxes that would be apportioned to a purchaser if the Lands in the Phase were not tax exempt as a contribution to that year’s property taxes. 4.4 Closing Documents – 9 Q:\00039\0714\Agr-Psa-Falcon-Cr-V4 Final.Docx Aug 27, 2015 12:55 PM/CR (a) No later than 5 Days before the Completion Date, the Developer will cause the Developer’s Solicitors to deliver to the City’s Solicitors: (i) the Transfer, to be approved and executed by the City; (ii) 2 copies of the City’s Statement of Adjustments, to be approved and executed by the City; and (iii) the GST Certificate, each duly executed by the Developer, as applicable. (b) Before the Completion Date, the City will cause the City’s Solicitors to deliver to the Developer’s Solicitors, the Transfer and the Re-Purchase Option, each duly executed on behalf of the City. 4.5 Completion – On or before the Completion Date: (a) forthwith after receipt by the Developer’s Solicitors of such payment and of the applicable documents Purchase Option from the City’s Solicitors under section 4.4(b), the Developer will cause the Developer’s Solicitors to apply to the LTO to, as applicable, deposit and register the Transfer and Re-Purchase Option in the LTO, as an all or nothing concurrent application; and (b) upon the Developer’s Solicitors being satisfied after application to the LTO for to deposit and register the Transfer and Re-Purchase Option, in the LTO that there are no transfers, liens, charges or encumbrances, other than the Transfer and the Permitted Encumbrances, registered or pending registration against title to the lands in that Phase, the Developer will cause the Developer’s Solicitors to deliver to the City’s Solicitors a certified solicitor’s trust cheque for the adjusted Purchase Price for that Phase. The parties agree that all requirements of this section are concurrent requirements and that nothing will be Completed on the Completion Date until everything required to be done by this section is done. 4.6 Risk – Each Phase is at the City’s risk until application is made to register the Transfer in the LTO, and is thereafter at the Developer’s risk. ARTICLE 5 - REPRESENTATIONS, WARRANTIES AND RELATED MATTERS 5.1 Developer’s Representations and Warranties – The Developer hereby represents and warrants to the City that the following are true, and covenants with the City that the following will be true for each Phase on its corresponding Completion Date: 10 Q:\00039\0714\Agr-Psa-Falcon-Cr-V4 Final.Docx Aug 27, 2015 12:55 PM/CR (a) the Developer is a company formed and existing under the laws of Canada or a Province of Canada and duly qualified to purchase and own the Lands and the Developer has full power, authority and capacity to enter into this Agreement and carry out the transactions contemplated herein; (b) there is no action or proceeding pending, or to the Developer’s knowledge threatened, against the Developer before any court, arbiter, arbitration panel, administrative tribunal or agency which, if decided adversely to the Developer, might materially affect the Developer’s ability to perform its obligations hereunder; (c) neither the Developer entering into this Agreement nor the performance of its terms will result in the breach of or constitute a default under any term or provision of any indenture, mortgage, deed of trust or other agreement to which the Developer is bound or subject; (d) the Developer has taken all necessary or desirable actions, steps and other proceedings to approve and authorize, validly and effectively, the entering into, execution, delivery and performance of this Agreement; and (e) the Developer is registered under the Excise Tax Act (Canada) for the purposes of GST and the Developer’s registration number is 83457 7462 RT0001. 5.2 Acknowledgments and Agreements by Developer – The Developer acknowledges and agrees that: (a) the City sells and the Developer purchases the Lands on an “as is” basis and condition; (b) the City has not made any representations, warranties or agreements as to the condition or quality of the Land, including as to: (i) the subsurface nature or condition of the Land (including soil type, hydrology and geotechnical quality or stability); (ii) the environmental condition of the Land (including regarding Contaminants in, on, under or migrating to or from the Land) or regarding the compliance of the Land, or past or present activities on it, with any Environment Laws; (iii) the suitability of the Lands for the Developer’s intended use for, or development of, the Lands; or (iv) access to or from the Lands; (c) it is the sole responsibility of the Developer to satisfy itself with respect to: 11 Q:\00039\0714\Agr-Psa-Falcon-Cr-V4 Final.Docx Aug 27, 2015 12:55 PM/CR (i) the environmental condition of the Land (including regarding Contaminants in, on or under or migrating to or from the Land); (ii) regarding the compliance of the Land or past or present activities on it, with any Environmental Laws, including by conducting any reports, tests, investigations, studies, audits and other enquiries that the Developer, in its sole discretion, considers prudent; (d) effective from and after Completion of the transfer of each Phase, the Developer: (i) assumes and is solely responsible for, and releases the City (and its elected and appointed officials, employees, contractors and agents) from and against, any and all actions, causes of action, liabilities, demands, claims, losses, damages, costs (including remediation costs (as defined in the Environmental Management Act (British Columbia)), the costs of complying with any Environmental Laws and any consultant and legal fees, costs and disbursements), expenses, fines and penalties whether occurring, incurred, accrued or caused before, on or after Completion, which the Developer or any other person has or may have arising out of or in any way related to or in connection with the Phase, including the presence of Contaminants in, on, under or migrating to or from the Phase, and any mandatory or voluntary remediation, mitigation or removal of any Contaminants; and (ii) will indemnify and save harmless the City (and its elected and appointed officials, employees, contractors and agents) from and against, any and all actions, causes of action, liabilities, demands, claims, losses, damages, costs (including remediation costs (as defined in the Environmental Management Act (British Columbia)), the costs of complying with any Environmental Laws and any consultant and legal fees, costs and disbursements), expenses, fines and penalties whether occurring, incurred, accrued or caused before, on or after Completion, which the City, or its elected or appointed officials, employees, contractors or agents, or any third party, may suffer, incur, be subject to or liable for, whether brought against anyone or more of them by the Developer or any other person, or any government authority or agency, arising out of or in any way related to or in connection with the Phase, including the presence of Contaminants in, on, under or migrating to or from the Phase, and any mandatory or voluntary remediation, mitigation or removal of any Contaminants; (e) without limiting section 5.2(d), for the purposes of allocation of remediation costs pursuant to the Environmental Management Act (British Columbia), after Completion of the transfer of each Phase the Developer will be, as between the 12 Q:\00039\0714\Agr-Psa-Falcon-Cr-V4 Final.Docx Aug 27, 2015 12:55 PM/CR City and the Developer, solely responsible for the costs of any mandatory or voluntary remediation of the Phase under that Act and this binds the Developer with respect to any allocation of remediation costs, as defined by that Act, by any procedure under that Act; (f) the City has not made any representations, warranties or agreements with the Developer as to whether any GST is payable by the Developer in respect of the sale of the Lands to the Developer; and (g) the Developer hereby acknowledges that the laneway through the Proposed Development between 226 Street and 227 Street will be maintained as a perpetual east-west public pedestrian and vehicle access. 5.3 Site Profile – The Developer hereby waives delivery by the City to the Developer of a site profile (as defined in the Environmental Management Act (British Columbia)) with respect to the Land. 5.4 Access – The Developer, its agents and employees have a licence, exercisable on 24 hours prior written notice to the City, but subject to the rights of any occupants of the Land and compliance with such rights, to enter upon the Land from time to time prior to the Completion Date, at the Developer’s sole risk and expense, for the purpose of making inspections, surveys, tests and studies of the Land. The Developer agrees to: (a) release and indemnify, and hold harmless, the City from and against any and all actions, causes of actions, liability, demands, losses, costs and expenses (including legal fees and disbursements) which the City or any third party may suffer, incur, be subject to or liable for, arising out of or in any way related to or in connection with the exercise by the Developer of its rights under this section; and (b) leave the Land in the same condition as that in which the Developer found the Land, including by removing any equipment, refuse or other matter brought onto the Land by the Developer or its agents or contractors. ARTICLE 6 - MISCELLANEOUS 6.1 Fees and Taxes – The Developer will pay, as and when due and payable: (a) the costs of all studies, investigations and reports required by the City or any Governmental Authority in connection with the planning, rezoning and subdivision approvals for the Proposed Development; (b) all fees and charges associated with the planning, rezoning and subdivision approvals for the Proposed Development; 13 Q:\00039\0714\Agr-Psa-Falcon-Cr-V4 Final.Docx Aug 27, 2015 12:55 PM/CR (c) the costs of addressing and satisfying any other conditions and requirements as may be necessary to enable the Proposed Development to proceed as contemplated; (d) any property transfer tax payable under the Property Transfer Tax Act (British Columbia) with respect to the purchase of the Lands hereunder; (e) LTO fees in connection with the registration or deposit with the LTO of any document to be registered pursuant to the terms of this Agreement; (f) its own legal fees and disbursements; and (g) any GST payable in respect of the sale to the Developer of the Lands hereunder, with the Developer and the City agreeing that the consideration payable by the Developer to the City does not include GST. 6.2 GST Certificate – On or before each Completion Date, the Developer will provide the City with a certificate (the “GST Certificate”), executed by the Developer, stating that the Developer is registered with Canada Revenue Agency or any successor thereto for the purposes of GST and setting out its GST registration number. On each Completion Date, the Developer shall self-assess the GST exigible on the consideration payable by the Purchase to the City for the applicable Phase, as the case may be, and account directly to the Canada Revenue Agency therefor on a timely basis. The Developer shall indemnify and save harmless the City from and against any and all claims, demands, actions or causes of action and all losses, costs, liabilities and expenses that may be suffered or incurred by the City in respect of any GST payable in respect of the sale of the Lands hereunder. 6.3 Currency – All dollar amounts referred to in this Agreement are Canadian dollars. 6.4 Preparation of Documents and Clearing Title – The Developer will at its expense prepare all necessary conveyancing documentation. At its expense, the City will clear title to the lands in each Phase, subject only to the Permitted Encumbrances. 6.5 Further Assurances - Each of the parties will at all times execute and deliver at the request of the other all such further documents, deeds and instruments, and do and perform such other acts, as may be reasonably necessary to give full effect to the intent and meaning of this Agreement. 6.6 Notice - Any demand or notice which may be given pursuant to this Agreement will be in writing and delivered, faxed, sent by e-mail or sent by postage prepaid mail and addressed to the applicable party as follows: to the City: 14 Q:\00039\0714\Agr-Psa-Falcon-Cr-V4 Final.Docx Aug 27, 2015 12:55 PM/CR The Corporation of the City of Maple Ridge 11995 Haney Place Maple Ridge, B.C. V2X 6A9 Fax Number: 604. 467. 7329 Email Address: ddenton@mapleridge.ca Attention: Property & Risk Manager to the Developer: Falcon Homes Ltd. 22311 - 119 Avenue Maple Ridge, BC V2X 2Z2 Fax Number: 604-961-0006 Email Address: fred@falconhomes.com Attention: Fred Formosa or at such other address as either party may specify by notice in writing to the other. The time of giving and receiving any such notice will be deemed to be on the day of delivery or receipt if delivered or sent by fax or email, or on the third Business Day after the day of mailing thereof if sent by mail. In the event of any disruption of mail services, all notices will be delivered or sent by fax or email rather than mailed. 6.7 No Effect on Powers – For clarity, this Agreement does not: (a) affect or limit the discretion, rights, duties or powers of the City or the approving officer for the City under the common law or any statute, bylaw or other enactment nor does this Agreement create 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 Land; or (c) relieve the Developer from complying with any common law or any statute, regulation, bylaw or other enactment. 6.8 Time of Essence - Time is of essence of this Agreement and the transaction for which it provides. 6.9 Tender - Any tender of documents or money may be made upon the parties at their respective addresses set out in this Agreement or upon their respective solicitors. 6.10 Change of Solicitors – A party may change its solicitor by providing notice to the other party. 15 Q:\00039\0714\Agr-Psa-Falcon-Cr-V4 Final.Docx Aug 27, 2015 12:55 PM/CR 6.11 No Other Agreements - This Agreement (including, for clarity, the agreements to be executed pursuant to this Agreement) is the entire agreement between the parties regarding its subject matter and it terminates and supersedes all prior representations, warranties, promises and agreements regarding its subject matter. 6.12 Assignment – The Developer may only assign this Agreement, or the benefit hereof, to a company, partnership or joint venture of the Owner, with the prior written consent of the City, which may not be unreasonably withheld. 6.13 Benefit - This Agreement enures to the benefit of and is binding upon the parties and their respective heirs, executors, administrators, successors and assigns. 6.14 Schedules – The following Schedules to this Agreement form an integral part of this Agreement: Schedule A – Permitted Encumbrances Schedule B – Proposed Development Schedule C – Re-Purchase Option 6.15 Modification - This Agreement may not be modified except by agreement in writing signed by the parties. The parties may agree to change the completion dates for the Phases, thereby changing the order of transfer of the Phases, by written agreement. 6.16 Interpretation - Wherever the singular or neuter is used in this Agreement, it will include the plural, the feminine, the masculine or body corporate where the context requires. 6.17 Governing Law – This Agreement will be governed by and construed in accordance with the laws of British Columbia. 6.18 No Real Estate Agent – The Developer represents and warrants to the City that no real estate agent or other agent has assisted the Developer, or in any way directly or indirectly participated, in the making of this Agreement and that no real estate agent or other agent is entitled to any commission or other remuneration in any way in connection with this Agreement or the sale and purchase of the Lands between the City and the Developer, and the Developer agrees to indemnify and hold the City harmless from and against any such commission or remuneration, and any action, cause of action or liability relating thereto. 16 Q:\00039\0714\Agr-Psa-Falcon-Cr-V4 Final.Docx Aug 27, 2015 12:55 PM/CR 6.19 Non-Merger – None of the provisions of this Agreement will merge on Completion of the transfer of any or all of the Lands. As evidence of their agreement to be bound by the terms and conditions of this Agreement, the parties have executed this Agreement below: FALCON HOMES LTD. by its authorized signatories: Name: Name: Date: _________________________ THE CORPORATION OF THE CITY OF MAPLE RIDGE by its authorized signatories: Mayor: Clerk: Date: _________________________ 17 Q:\00039\0714\Agr-Psa-Falcon-Cr-V4 Final.Docx Aug 27, 2015 12:55 PM/CR Schedule A Permitted Encumbrances PIDs: 009-280-618, 009-280-642, 009-280-685 (Phase 1 Lands) None PIDs: 011-418-796, 011-418-800 (Phase 2 Lands) None PIDs: 011-381-612, 011-381-663, 011-381-671 (Phase 3 Lands) Undersurface Rights AB81529 PIDs: 011-381-604, 002-605-708 (Phase 4 Lands) Undersurface Rights AB81529 Undersurface Rights Y170450 PIDs: 003-047-024, 011-298-235, 005-171-563, 005-113-121 (Phase 5 Lands) None 18 Q:\00039\0714\Agr-Psa-Falcon-Cr-V4 Final.Docx Aug 27, 2015 12:55 PM/CR Schedule B – Proposed Development The Proposed Development will include a total of five buildings, each 5 to6 stories in height with a total finished floor area of approximately 296,000 ft.² including 26,000 ft.² of commercial space. The residential portion of the Proposed Development will comprise approximately 300 - 1, 2 and 3 bedroom units averaging 900 ft.² per unit. The Proposed Development will comply with the Official Community Plan and the Town Centre Area Plan as enacted as of the date of this Agreement. The Proposed Development will use sustainable building practices and be constructed to meet the standards known as LEED Bronze for multi-family development. The Proposed Development will include composting facilities and infrastructure for future alternative energy sources. The Proposed Development will incorporate adaptive housing units to accommodate aging in place. Developer will explore options with the City for partnering with leading housing agencies to provide affordable and/or rental housing options within each Phase. The Proposed Development will include prominent, accessible commercial space measured at a minimum of 700 ft.² to be transferred to the City for community use for nominal fee. Developer will work with City to explore the potential to secure a post-secondary education tenant for the Proposed Development. Page 23 Q:\00039\0714\Sch C-Cr-Option To Purchase Template-V3 Final.Docx Aug 27, 2015 1:28 PM/CR Schedule “C” TERMS OF INSTRUMENT – PART 2 OPTION TO PURCHASE THIS AGREEMENT dated for reference ___________ is BETWEEN: [insert owner name] [insert owner address] (the “Owner”) AND: THE CORPORATION OF THE CITY OF MAPLE RIDGE, 11995 Haney Place, Maple Ridge, BC V2X 6A9 (the “City”) WHEREAS: A. The Owner is the registered owner in fee simple of those properties located at __________________________ Road, Maple Ridge, B.C. and legally described as: Parcel Identifier: ________, Lot _______, Plan ________ (collectively, the “Land”); B. The City transferred the Land to the Owner on the basis that the Owner would construct a mixed-use development on the Land (the “Development”) in a timely manner; C. The City also transferred the Land to the Owner on the basis that the Owner must grant the City this Option to Purchase the Land, which Option could be exercised by the City should the Owner fail to substantially commence the Development, as outlined below; NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration of the transfer of the Land from the City to the Owner, the premises and promises contained in this Agreement, the payment of $10.00 by the City to the Owner, and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged by the parties), the parties covenant and agree as follows: Page 24 Q:\00039\0714\Sch C-Cr-Option To Purchase Template-V3 Final.Docx Aug 27, 2015 1:28 PM/CR ARTICLE 1 INTERPRETATION 1.1 Definitions – In this Agreement, in addition to the words defined herein, the following terms shall have the meanings set out below: (a) “Agreement” means this agreement and any amendments or modifications of it; (b) “Appraised Value” means an appraisal, commissioned and paid for by the City, for the value of the Land, prepared by an appraiser having at least 5 years real estate appraisal experience in the Lower Mainland and with the Appraisal Institute of Canada AACI designation, the American Institute of Real Estate MAI designation, or the Real Estate Institute of British Columbia (RBC) designation, based on the following: (i) The purpose of the appraisal shall be to estimate the market value of the Land as at the date of exercise of the Option; (ii) Market value shall be defined as the highest price in terms of money which the Land, as the case may be should bring in a competitive and open market under all conditions requisite to a fair sale and the buyer and seller each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus; (iii) The highest and best use of the Land is as a multi-family development consistent with the current zoning of the Land as of the date of the exercise of the Option; and (iv) It shall be assumed by the appraiser that there are no hidden conditions that would render the Land more or less valuable; (c) “Business Day” means a day other than a Saturday, Sunday or statutory holiday in B.C.; (d) “Person” is to be broadly interpreted and includes an individual, a corporation, a partnership, a trust, an unincorporated organization, the government of a country or any political subdivision thereof, or any agency or department of any such government; (e) “Purchase Price” means the lower of: (i) the Appraised Value, and (ii) the unadjusted purchase price that the Owner (or original Owner) paid to acquire the Land from the City. Page 25 Q:\00039\0714\Sch C-Cr-Option To Purchase Template-V3 Final.Docx Aug 27, 2015 1:28 PM/CR ARTICLE 2 GRANT OF OPTION TO ACQUIRE LAND 2.1 Option – The Owner hereby grants to the City, under seal, and for the consideration recited above, the sole and exclusive option (the “Option”), irrevocable within the time for exercise by the City herein limited, to acquire the Land for the Purchase Price, which Purchase Price does not include GST and other taxes. ARTICLE 3 EXERCISE OF OPTION 3.1 Exercise of Option – The City may exercise the Option if the Owner has not obtained all necessary municipal development and building permits for the Development and if the Owner has not completed construction and obtained a satisfactory inspection of the foundation of the Development (including any underground parking) within two (2) years of the date on which the City transferred the Land to the Owner. 3.2 Exercise of Option – The Option may be exercised by the City at any time during the period commencing on ______________[two years after land transferred], 201__ and ending at midnight on December 31, 2024 by the City giving written notice to the Owner (in the manner required for the giving of notices herein). 3.3 Expiry of Option – If the Option is not exercised within the time and the manner herein set forth, the Option will be null and void and no longer binding upon the parties hereto. 3.4 Non-Exercise of Option – The parties acknowledge that the City may elect not to exercise the Option for any reason. ARTICLE 4 COMPLETION 4.1 Binding Contract – If the Option is exercised in the manner herein provided, this Agreement will become a binding contract of purchase and sale of the Land on the terms and conditions of this Agreement. 4.2 Completion Date – The purchase and sale of the Land will be completed upon the terms herein contained on the date (the “Completion Date”) chosen by the City, provided that the Completion Date must not be more than 180 days after the date on which the City exercises the Option. 4.3 Possession – Upon deposit of the Transfer, the City will have vacant possession of the Land and the Owner must transfer the Land to the City free of all liens, interests, charges and encumbrances except the following: Page 26 Q:\00039\0714\Sch C-Cr-Option To Purchase Template-V3 Final.Docx Aug 27, 2015 1:28 PM/CR (a) ________________ (b) ________________ (the “Permitted Encumbrances”). 4.4 Non-Permitted Encumbrances - If the title to the Land is subject to an encumbrance that is not a Permitted Encumbrance and the Owner refuses to remove it, the City may (but is not obliged to) complete the purchase of the Land but in that case, the City may deduct the cost of removal from the Purchase Price. 4.5 Adjustments – There will be no adjustments to the Purchase Price. 4.6 Risk – The Land will be at the Owner’s risk until the deposit of the Transfer in the Land Title Office and, subject to section 6.2, thereafter at the City’s risk. 4.7 Site Profile – The City waives any right it may have to receive, under the Environmental Management Act, a site profile of the Land. ARTICLE 5 CLOSING PROCEDURE 5.1 GST Certificate – On or before the Completion Date, the City will sign and deliver to the Owner or its solicitors a GST certificate confirming the City will remit directly any and all GST payable in respect of the transfer of the Land. 5.2 Residency Declaration - Before the Completion Date, the City will cause to be delivered to the Owner, or its solicitors, a residency declaration confirming the Owner is not a non- resident of Canada, and the Owner must execute the declaration and deliver it to the City, or its solicitors, no later than the day before the Completion Date. 5.3 Transfer – Before the Completion Date, the City will cause to be delivered to the Owner, or its solicitors, one or more Form A Transfers of the Land (or whichever form is then in use) (collectively, the “Transfer”) and the Owner must execute the Transfer in registrable form and deliver it to the City, or its solicitors, on appropriate undertakings, no later than the day before the Completion Date. 5.4 Closing Procedure – The transfer of the Land by the Owner to the City will be completed in accordance with the following procedure: (a) after receipt of the executed Transfer, the City, at its own cost, will cause the City’s solicitors to apply to register the Transfer in the Land Title Office on the Completion Date; (b) following the application referred to in subsection (a) and upon receipt by the City’s solicitors of a satisfactory title search of the Land showing only the Transfer as a Page 27 Q:\00039\0714\Sch C-Cr-Option To Purchase Template-V3 Final.Docx Aug 27, 2015 1:28 PM/CR pending charge, and indicating that in the usual course of Land Title Office routine, the City will be the registered owner of the Land subject only to the Permitted Encumbrances, the City will deliver or the City will cause the City’s solicitors to deliver to the Owner or to the Owner’s solicitors a cheque for the Purchase Price (subject to sections 4.4 and 6.3(d)). ARTICLE 6 OWNER’S COVENANTS, REPRESENTATIONS, AND WARRANTIES 6.1 Owner’s Covenants – The Owner covenants and agrees that it will: (a) whether or not the City has exercised the Option, permit the City and the City’s employees, engineers, agents, surveyors and advisors to carry out such inspections, tests, studies, surveys and other investigations of the Land as the City may desire and will provide reasonable cooperation and assistance to the City and its consultants in conducting such investigations; (b) whether or not the City has exercised the Option, cooperate with the City and its consultants in allowing the City, at the City’s sole cost and expense, to conduct environmental tests or audits of the Land and provide to the City or its consultants all information in its possession or control or to its knowledge relating to those areas; (c) maintain in force insurance covering loss or damage to the Land and covering public liability, in both cases against such risks and to such limits as are in accordance with prudent business practice and suitable to the Land; and (d) preserve the Land intact as would a prudent owner during the term of this Agreement. 6.2 Owner’s Indemnity – The Owner agrees to indemnify and save harmless the City and its elected officials, officers, employees, agents and others from all losses, actions, demands, claims, expenses, remediation costs, and harm of any kind which the City or its elected officials, officers, employees, agents or others may directly or indirectly suffer, whether before or after the Completion Date, in relation to environmental contamination of or from the Land. This indemnity survives the Completion Date. 6.3 No Encumbrances – The Owner shall not grant or register or permit any new encumbrances of any kind on the Land which affect or may affect the Land or the City’s acquisition of the Land unless the Owner has obtained the prior written consent of the City to such encumbrance, which consent may be unreasonably withheld. Notwithstanding the foregoing, the Owner may grant a mortgage over the Land with the prior written consent of the City provided that: Page 28 Q:\00039\0714\Sch C-Cr-Option To Purchase Template-V3 Final.Docx Aug 27, 2015 1:28 PM/CR (a) the mortgage amount, including possible accrued interest, penalties and other charges, cannot exceed the Purchase Price; (b) the mortgagee executes a postponement agreement to this Agreement (if required by the City); (c) the mortgagee provides a legal commitment to the City, in a form satisfactory to the City, that if the City exercises the Option, the mortgagee will not dispute the rights of the City to registration of the Transfer free of the mortgage pursuant to section 242 of the Land Title Act; and (d) if the City exercises the Option, the City may pay all or part of the Purchase Price to the mortgagee in order to obtain a discharge of the mortgage. ARTICLE 7 GENERAL 7.1 Time – Time will be of the essence of this Agreement and will remain of the essence notwithstanding the extension of any of the dates hereunder. 7.2 Extension – Save and except for lack of funds or events giving rise thereto, if the Owner is delayed from completing construction and obtaining a satisfactory inspection of the foundation of the Development as required by section 3.1 due to fire, flood or an act of God, or any other event beyond the control of the Owner (including for clarity, a delay by a government authority, including the City, in issuing any permit, license, authorization or approval, but not including financial difficulty of the Owner), the Owner and the City may agree to an extension to the applicable deadline in section 3.1 of this Agreement of up to 6 months. 7.3 Entire Agreement – This Agreement sets forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings among the parties with respect to the matters herein, and there are no oral or written agreements, promises, warranties, terms, conditions, representations or collateral agreement whatsoever, express or implied, other than those contained in this Agreement. 7.4 Amendment – This Agreement may be altered or amended only by an agreement in writing signed by the parties hereto. 7.5 Notices – Any notice or other writing required or permitted to be given under this Agreement or for the purposes of this Agreement to any party shall be sufficiently given if delivered by hand, or if sent by prepaid courier or if transmitted by facsimile to such party or if sent by prepaid registered mail: (a) in the case of a notice to the City, at: Page 29 Q:\00039\0714\Sch C-Cr-Option To Purchase Template-V3 Final.Docx Aug 27, 2015 1:28 PM/CR The Corporation of the City of Maple Ridge 11995 Haney Place Maple Ridge, B.C. V2X 6A9 Email Address: denton@mapleridge.ca Attention: Property & Risk Manager (b) in the case of a notice to the Owner, the address of the Owner as shown on the title to the Land or if the Owner is a corporation, to the registered address for the corporation as shown on a B.C. Company Summary from Corporate Registry, or at such other address or addresses as the party to whom such notice or other writing is to be given shall have last notified the party giving the same in the manner provided in this section. Any notice or other writing delivered by hand or delivered by prepaid courier shall be deemed to have been given and received on the day it is so delivered. Any notice or other writing transmitted by facsimile shall be deemed to have been given and received on the day it is so transmitted. Any notice or other writing sent by prepaid registered mail shall be deemed to have been given and received on the third day after mailing, whether or not acknowledgement of receipt is signed. 7.6 Attornment – Each of the parties attorns to the exclusive jurisdiction of the courts of the Province of British Columbia. 7.7 Enurement – This Agreement shall enure to the benefit of and be binding on the parties hereto and their respective successors and assigns. 7.8 Further Assurances – Each of the parties hereto shall, with reasonable diligence, do all such things and provide all such reasonable assurances and assistance as may be required to give effect to this Agreement and each such party shall provide such further documents or instruments required by any other party as may reasonably be necessary or desirable to give effect to the terms and purpose of this Agreement and carry out its provisions. 7.9 Governing Law – This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada as applicable. 7.10 No Public Law Duty – Whenever in this Agreement the City is required or entitled by the terms hereof to exercise any discretion in the granting of consent or approval, or is entitled to make any determination, take any action or exercise any contractual right or remedy, the City may do so in accordance with the contractual provisions of this Agreement and no public law duty, whether arising from the principles of procedural fairness or the rules of natural justice or otherwise, shall have any application. Page 30 Q:\00039\0714\Sch C-Cr-Option To Purchase Template-V3 Final.Docx Aug 27, 2015 1:28 PM/CR 7.11 Waiver – No supplement, modification, waiver or termination of this Agreement shall be binding unless executed in writing by the party to be bound thereby. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provisions (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. 7.12 Statute References – Any reference in this Agreement to any statute or any section thereof shall, unless otherwise expressly stated, be deemed to be a reference to such statute or section as amended, restated or re-enacted from time to time. 7.13 Period Terminating on a Non-Business Day – Should the period of time permitted under this Agreement to perform any obligation or take any action, including the delivery of a notice, terminate, or any action or thing occur or be scheduled to occur, on a day other than a Business Day, then such period shall be extended to the next following Business Day. 7.14 Headings – The headings appearing in this Agreement have been inserted for reference and as a matter of convenience and in no way define, limit or enlarge the scope or meaning of this Agreement or any provision thereof. 7.15 Illegality, Invalidity, Etc. – In the event that one or more provisions, or any portion thereof, of this Agreement or any agreement, document or other instrument required to be delivered hereunder or pursuant hereto should be illegal, invalid or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions hereof or thereof, or any remaining portion thereof, shall not be affected or impaired thereby. 7.16 Registration – The Owner agrees to do everything necessary, at the Owner’s expense, to ensure that this Agreement is registered against title to the Land with priority over all financial charges, liens and encumbrances registered, or the registration of which is pending, at the time of application for registration of each charge. 7.17 Deed and Contract – By executing and delivering this Agreement each of the parties intends to create both a contract and a deed executed and delivered under seal. 7.18 Joint and Several – Where the Owner consists of more than one Person, all covenants made by the Owner shall be construed as being several as well as joint. 7.19 No Compensation – The Owner shall not be entitled to any further compensation or payment for the transfer of the Land, whether or not there are servicing works or other improvements made to the Land or structures constructed on the Land, or for any injurious affection or disturbances resulting therefrom. Without limitation, the Owner shall not be entitled to and agrees not to seek compensation for business losses, loss of profit, loss of market value, relocation costs or other consequential loss by reason of the transfer of the Page 31 Q:\00039\0714\Sch C-Cr-Option To Purchase Template-V3 Final.Docx Aug 27, 2015 1:28 PM/CR Land under this Agreement. 7.20 No Effect on Laws or Powers – This Agreement does not: (a) affect or restrict the City’s ability to acquire any land or interest in land by expropriation or other legal means of acquisition; (b) affect or restrict the discretion, rights, duties or powers of the City under any enactment (as defined in the Interpretation Act) or at common law; or (c) relieve the Owner from complying with any enactment or the common law. 7.21 Interpretation – (a) Wherever the singular or masculine or neuter is used in this Agreement, the same shall be construed as meaning the plural, the feminine or body corporate where the context or the parties so require. (b) The word “including” when following any general statement or term shall not be construed to limit the general statement or term to the specific items set forth following the general statement or term (or to similar terms) whether or not non- limiting language (such as “without limitation”) is used, but rather shall be construed to permit the general statement or term to refer to all other items that could reasonably fall within its broadest possible scope. As evidence of their agreement to be bound by the terms of this instrument, the parties each have executed and delivered this Agreement under seal by executing Part 1 of the Land Title Act Form C to which this Agreement is attached and which forms part of this Agreement. END OF DOCUMENT CityCityCityCity of Maple Ridgeof Maple Ridgeof Maple Ridgeof Maple Ridge TO:TO:TO:TO: Her Worship Mayor Nicole Read DATE:DATE:DATE:DATE: September 14, 2015 and Members of Council Committee of the Whole FROM:FROM:FROM:FROM: Chief Administrative Officer SUBJECTSUBJECTSUBJECTSUBJECT: Disbursements for the month ended August 31, 2015 EXECUTIVE EXECUTIVE EXECUTIVE EXECUTIVE SUMMARY:SUMMARY:SUMMARY:SUMMARY: The disbursements summary for the past period is attached for information. All voucher payments are approved by the Mayor or Acting Mayor and a Finance Manager. Council authorizes the disbursements listing through Council resolution. Expenditure details are available by request through the Finance Department. RECOMMENDATION:RECOMMENDATION:RECOMMENDATION:RECOMMENDATION: That the That the That the That the disbursements as listed below for the month ended disbursements as listed below for the month ended disbursements as listed below for the month ended disbursements as listed below for the month ended AugustAugustAugustAugust 31313131, 2015, 2015, 2015, 2015 bebebebe received for received for received for received for information only.information only.information only.information only. GENERALGENERALGENERALGENERAL $$$$ 13,122,42113,122,42113,122,42113,122,421 PAPAPAPAYROLLYROLLYROLLYROLL $$$$ 1,789,7541,789,7541,789,7541,789,754 PURCHASE CARDPURCHASE CARDPURCHASE CARDPURCHASE CARD $$$$ 72,27072,27072,27072,270 $$$$ 14,984,44514,984,44514,984,44514,984,445 DISCUSSION:DISCUSSION:DISCUSSION:DISCUSSION: a)a)a)a) Background Context:Background Context:Background Context:Background Context: The adoption of the Five Year Consolidated Financial Plan has appropriated funds and provided authorization for expenditures to deliver municipal services. The disbursements are for expenditures that are provided in the financial plan. b)b)b)b) Community Communications:Community Communications:Community Communications:Community Communications: The citizens of Maple Ridge are informed on a routine monthly basis of financial disbursements. 1132 c)c)c)c) Business Plan / Financial Implications:Business Plan / Financial Implications:Business Plan / Financial Implications:Business Plan / Financial Implications: Highlights of larger items included in Financial Plan or Council Resolution •Blue Pine Enterprises Ltd. – Whonnock Lake Park enhancement $ 223,977 •G.V. Water District – water consumption May 6 – Jun 2/15 $ 588,555 •Imperial Paving – 2015 paving program $ 748,070 •King Hoe Excavating Ltd. – 128 Ave road & drainage (210 – 216) $ 521,578 •McEachern Harris & Watkins In Trust – land acquisition Chatwin Ave $ 1,301,652 •Receiver General – three payroll remittances in August $ 1,054,059 • Ridge Meadows Recycling Society – Monthly contract for recycling $ 187,464 •The municipality acts as the collection agency for other levels of government or agencies. The following collections were remitted in August. 1. G.V. Sewerage & Drainage – 2015 collections $ 5,505,613 d)d)d)d) Policy Implications:Policy Implications:Policy Implications:Policy Implications: Corporate governance practice includes reporting the disbursements to Council monthly. CONCLUSIONS:CONCLUSIONS:CONCLUSIONS:CONCLUSIONS: The disbursements for the month ended August 31, 2015 have been reviewed and are in order. ______________________________________________ Prepared by: G’Ann RyggG’Ann RyggG’Ann RyggG’Ann Rygg Accounting Clerk IIAccounting Clerk IIAccounting Clerk IIAccounting Clerk II _______________________________________________ Approved by: Trevor Trevor Trevor Trevor Thompson, Thompson, Thompson, Thompson, BBA, BBA, BBA, BBA, CPA, CPA, CPA, CPA, CGACGACGACGA Manager of Financial PlanningManager of Financial PlanningManager of Financial PlanningManager of Financial Planning _______________________________________________ Approved by: Paul Gill, BBA, Paul Gill, BBA, Paul Gill, BBA, Paul Gill, BBA, CPA, CPA, CPA, CPA, CGACGACGACGA GM GM GM GM –––– Corporate & Financial ServicesCorporate & Financial ServicesCorporate & Financial ServicesCorporate & Financial Services _______________________________________________ Concurrence: Kelly SwiftKelly SwiftKelly SwiftKelly Swift Acting Acting Acting Acting Chief Administrative OfficerChief Administrative OfficerChief Administrative OfficerChief Administrative Officer gmr VENDOR NAMEVENDOR NAMEVENDOR NAMEVENDOR NAME DESCRIPTION OF PAYMENTDESCRIPTION OF PAYMENTDESCRIPTION OF PAYMENTDESCRIPTION OF PAYMENT AMOUNTAMOUNTAMOUNTAMOUNT 0946235 BC Ltd Roadside mowing 16,853 Aplin & Martin Consultants Ltd Downtown improvements Lougheed Hwy (224 St - 226 St)18,979 BC Hydro Electricity 148,401 BC SPCA Contract payment Jul & Aug 56,460 Blue Pine Enterprises Ltd Whonnock Lake Park enhancement project 223,977 Bruce Carscadden Architect Inc Washroom building at Albion Sports Complex Spray Park 18,455 CUPE Local 622 Dues - pay periods 15/16 & 15/17 27,144 Canstar Restorations Fairgrounds washroom 8,174 Fairgrounds barn 12,669 20,843 Chevron Canada Ltd Gasoline & diesel fuel 59,122 Coquitlam Ridge Constructors Bridge barrier & railing replacement - S.Alouette & Millionaire Crk 145,562 Corix Water Products Waterworks supplies 21,621 Dams Ford Lincoln Sales Ltd 2015 Ford super duty F-350 truck 59,664 2016 Ford super duty F-550 truck 74,016 133,680 Davies Park Executive Search CAO recruitment 17,051 Dell Canada Inc Citrix server hardware 19,118 Dhaliwal, Rajjvinder Security refund 19,632 Gotraffic Management Inc Traffic control 18,045 Gr Vanc Sewerage & Drainage 2015 requisition 5,505,613 Transfer station waste disposal 30 5,505,643 Graham Hoffart Mathiasen Archt Firehall #1 expansion 23,284 Firehall #3 seismic assessment & architectural services 6,614 Firehall #4 architectural services 525 30,423 Greater Vanc Water District Water consumption May 6 - Jun 2/15 588,555 Water sample analysis 875 589,430 Guillevin International Inc Firefighter equipment 1,673 Firefighter protective wear 1,893 Firefighters turnout gear 74,762 Operations electrical supplies 954 Reservoir maintenance 5,615 84,897 Hallmark Facility Services Inc Janitorial services & supplies: Firehalls 4,462 Library 4,200 City Hall 3,360 Golden Ears Winter Club 2,015 Operations 3,990 Randy Herman Building 1,208 RCMP 7,560 South Bonson Community Centre 2,415 Pitt Meadows Day 634 Hammond & Harris outdoor pool washrooms 315 30,159 Imperial Paving 2015 paving program 748,070 Innervisions Recovery Society Security refund 25,000 Jacks Automotive & Welding Fire Dept equipment repairs 26,757 Kerr Wood Leidal Associates Abernethy/224 PRV chamber site plan 754 North slope interceptor alignment option 4,339 System assessement & review 2,520 Water modelling 1,129 128 St water sourcing review 4,049 130 Ave water sourcing review 3,782 16,573 CITY OF MAPLE RIDGECITY OF MAPLE RIDGECITY OF MAPLE RIDGECITY OF MAPLE RIDGE MONTHLY DISBURSEMENTS - AUGUST 2015MONTHLY DISBURSEMENTS - AUGUST 2015MONTHLY DISBURSEMENTS - AUGUST 2015MONTHLY DISBURSEMENTS - AUGUST 2015 VENDOR NAMEVENDOR NAMEVENDOR NAMEVENDOR NAME DESCRIPTION OF PAYMENTDESCRIPTION OF PAYMENTDESCRIPTION OF PAYMENTDESCRIPTION OF PAYMENT AMOUNTAMOUNTAMOUNTAMOUNT King Hoe Excavating Ltd 128 Ave road & drainage improvements (210 St - 216 St)521,578 Lafarge Canada Inc Roadworks material 51,949 Letts Environmental Consultant Dike inspections 3,873 Gravel pit 610 Instream works sites 3,610 124th Ave meth lab dump site 8,888 16,981 Manulife Financial Employer/employee remittance 150,235 Maple Ridge & PM Arts Council Arts Centre contract payment 52,057 Program revenue Jul 10,785 62,842 Maple Ridge Chrysler 1972 Ltd 2015 Dodge Ram 1500 truck 24,199 McEachern Harris & Watkins InTrust Land acquisition - 20100 Blk Chatwin Ave 1,301,652 Medical Services Plan Employee medical & health premiums 39,483 Municipal Insurance Assoc Insurance deductibles 18,322 Municipal Pension Plan BC Employer/employee remittance 458,360 Open Storage Solutions Inc Storage system for desktop computers 69,003 Tape cartridges 706 69,709 Progressive Waste Solutions Inc Waste disposal May & Jun 20,917 Receiver General For Canada Employer/Employee remittance PP15/15, PP15/16 & PP15/17 1,054,059 RG Arenas (Maple Ridge) Ltd Ice rental July 56,895 Curling rink operating expenses May & Jun 3,998 Onsite supervision of curling rink Jun & Jul 6,838 67,731 Ricoh Canada Inc Photocopier quarterly contract 15,509 Ridge Meadows Recycling Society Monthly contract for recycling 187,464 Weekly recycling 376 Toilet rebate program 292 Roadside waste removal 68 188,200 Rollins Machinery Ltd Bear proof double refuse containers 22,547 Sandpiper Contracting Ltd Sewage system rehabilitation 19,989 T & T Demolition Ltd Hazardous material abatement & demolition of three houses 50,231 The Hackett Group Canada, Inc Hyperion software consulting 33,823 Urban Systems 123 Ave traffic calming 9,983 River Road traffic calming 6,152 16,135 Warrington PCI Management Advance for Tower common costs plus expenses 62,970 Westridge Security Ltd Security: Cliff Avenue 7,525 Safe walk program 156 Town Core Jun & Jul 10,664 18,345 Disbursements In Excess $15,000 12,307,66112,307,66112,307,66112,307,661 Disbursements Under $15,000 814,760814,760814,760814,760 Total Payee Disbursements 13,122,42113,122,42113,122,42113,122,421 Payroll PP15/16 & PP15/17 1,789,7541,789,7541,789,7541,789,754 Purchase Cards - Payment 72,27072,27072,27072,270 Total Disbursements August 2015 14,984,44514,984,44514,984,44514,984,445 City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: September 29, 2015 and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: Council SUBJECT: License to Occupy Notice – Temporary Homeless Shelter EXECUTIVE SUMMARY: Council’s approval is required to grant a License to Occupy to RainCity Housing and Support Society for the City-leased property located at 22239 Lougheed Highway for use as a temporary homeless shelter. The License to Occupy details the roles and responsibilities of the shelter provider and outlines the terms of the business relationship between the City and RainCity Housing. RECOMMENDATIONS: That staff be directed to complete the License to Occupy between the City of Maple Ridge and RainCity Housing and Support Society as related to the temporary homeless shelter to be located at 22239 Lougheed Highway; and further That the Corporate Officer be authorized to grant the License following completion of the requisite Notice of Assistance period. DISCUSSION: a)Background Context: In October, 2015, the City of Maple Ridge will open a temporary homeless shelter at 22239 Lougheed Highway. The City is responsible for the capital costs including leasing costs and tenant improvements of the shelter and BC Housing is responsible for the operating costs including those of the shelter operator, RainCity Housing. The City will be paying rent in the amount of $46,917.60 for the eight-month term. In accordance with Section 24 of the Community Charter, the City must give notice that it will be providing this assistance. The Notice of Assistance will be advertised in the Maple Ridge News on September 25 and September 30, 2015. In addition, the City is providing tenant improvements to the property, currently estimated at $120,000.00 to enable the temporary winter shelter to safely and effectively operate. 1 | Page 1201 CONCLUSIONS: The recommendation is to grant the License to Occupy to RainCity Housing for the property located at 22239 Lougheed Highway for the purpose of a temporary homeless shelter. “Original signed by Paul Gill” for______________________ Prepared by: Darrell Denton Property and Risk Manager “Original signed by Frank Quinn”_______________________ Approved by: Frank Quinn, MBA, P. Eng General Manager, Public Works and Development Services “Original signed by Paul Gill” Approved by: Paul Gill, BBA, CGA General Manager: Corporate & Financial Services “Original signed by Kelly Swift” Concurrence: Kelly Swift General Manager: Community Development, Parks & Recreation Services Acting Chief Administrative Officer Appendix A: Maple Ridge News – Public Notice of Assistance 2 | Page Appendix A: – Maple Ridge News – Public Notice of Assistance 3 | Page LICENCE-TO-OCCUPY City of Maple Ridge and Raincity Housing and Support Services Society Attachment to Item 1201 LICENCE-TO-OCCUPY THIS AGREEMENT dated for reference September 25th, 2015 is BETWEEN: THE CORPORATION OF THE CITY OF MAPLE RIDGE, a municipality under the laws of the Province of British Columbia having its offices at 11995 Haney Place, Maple Ridge BC V2X 6A9 (hereinafter called the "City") AND: RAINCITY HOUSING AND SUPPORT SOCIETY (S-0026721), a society under the Society Act, having its offices at 616 Powell Street, Vancouver, BC V6A 1H4 (hereinafter called the "Licensee") WHEREAS: A. By way of a lease (the “Head Lease”) between Alfred James Williams (the “Head Landlord”) and the City, the Head Landlord leased to the City those lands at 22239 Lougheed Hwy, Maple Ridge, legally described as PID: 024- 272-299, Parcel 1, DL 398, Group 1 NWD Plan LMP3971 (the “Lands”), and the Head Lease is attached hereto as Schedule “A”; B. The City has agreed to grant to the Licensee a licence to occupy the Lands for the operation of a temporary winter shelter (the “Shelter”) for a term of six months, subject to the terms and conditions in this Agreement; NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of a grant of license from the City to the Lessee to occupy the Lands and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the parties covenant and agree each with the other as follows: 1. This Agreement commences on the 1st day of October, 2015 and terminates on the 31st day of March, 2016 (the “Term”) with no option to renew. 2. The Licensee shall pay to the City a licence fee of $10.00 for the Term. 3. The parties will be reasonable at all times in exercising their rights, forming their contractual opinions and performing their duties under this Licence. 4. As a condition of the grant of license for the Lands, the Licensee covenants and agrees with the City that the Licensee shall: (a) during the entire Term, at its sole cost and expense, carry and provide the following insurance with an insurance company satisfactory to the City: (i) Public liability insurance applying to all operations of the Licensee and which shall include Bodily Injury and Property Damage Liability, Personal Injury Liability, Products Liability, Contractual Liability, Occurrence Property Damage, Tenants Fire Legal Liability with respect to the occupancy by the Licensee of the demised existing buildings. Such policy shall be written with limits of not less than Five Million Dollars ($5,000,000.00) per occurrence (or such higher limits as the City may require from time to time) and shall include a Cross Liability Clause indicating the City of Maple Ridge. The Licensee shall furnish proof to the City of the existence of such required Liability Insurance; (b) except as provided in paragraph 5, perform all of the City’s covenants and other obligations reserved and contained in the Head Lease, as if they formed part of this Agreement; (c) not use the Lands for any purposes other than the operation of the Shelter unless approved in writing by the City; (d) the Licensee hereby releases, indemnifies and saves harmless the City, its elected and appointed officials, officers, employees, agents and others for whom the City is responsible, from and against all liability, actions, causes of action, claims, damages, expenses, costs or losses, suffered or incurred by the City arising out of or in any way connected with the existence of the License herein granted or the performance or breach of any of the terms of this License or any term of the Head Lease other than rent under the head lease by the Licensee; (e) permit representatives of the City and BC Housing Management Commission to enter the Lands at all reasonable times to inspect the premises; (f) use the existing buildings, including the washroom building, and the Lands in an orderly manner and keep and maintain the same in a clean, sanitary and attractive condition at all times to the satisfaction and approval of the City's representative; (g) not use the Lands in a manner that will cause nuisance, damage or disturbance to the occupiers or owners of the adjoining lands and properties; (h) not remove any goods, chattels, and fixtures from the existing buildings or the Lands; (i) not destroy, alter or build additions to the existing buildings, or to erect signs, fences or other fixtures on the existing buildings without the written consent of the City's representative; (j) notify the City of any damage to or defect in the heating and air conditioning apparatus, water pipes, telephone lines, gas pipes, electric lights or other wires; and (k) abide by and comply with all lawful rules, regulations and bylaws of the City and other governing bodies in any manner affecting the Lands as a result of this Agreement. GENERAL CONDITIONS 4. The Licensee acknowledges and agrees that the City has given no representations or warranties with respect to the Lands. 5. The City shall be financially responsible for all rent due to the Head Landlord under the Head Lease and general costs associated with the Lands including heating, lighting, electricity, taxes, property insurance, landscaping, interior maintenance, and the Licensee’s fixtures and alterations for the Lands. 6. The Licensee shall have neither the responsibility nor the right to make major structural repairs to the existing buildings. If such repairs are required the City may choose to, but will not be obligated to, carry them out. 7. The City shall not be responsible to the Licensee for any defect in or change of conditions affecting the existing buildings, nor for any damage or injury to the existing buildings, to the Licensee or employees of the Licensee, or to merchandise, goods, chattels, machinery or equipment contained therein howsoever caused. 8. If the Licensee does not fully and promptly observe and perform all of the covenants, provisos and conditions in this Licence contained, whether positive or negative, or if the Licensee shall suffer or permit the Lands to be charged with any encumbrance, or the Lands are unoccupied and unused by the Licensee for a period of three months, or are not, in the opinion of the City, being used or operated in a manner deemed by the City to be satisfactory, the City shall, at its option, give notice in writing to the Licensee setting forth the reason or reasons for the notice and a deadline by which the situation shall be remedied by the Licensee, and the Licensee shall make all reasonable efforts to remedy the situation outlined in the notice by that deadline. 9. If and whenever under this Agreement: (a) The Licensee fails to perform any one or more of its covenants or other obligations; or (b) any insurance policy insuring the Lands or the City is cancelled, revoked or refused by reason of the Licensee’s use or occupation of the Lands; and such default is not cured or remedied as provided for in the Head Lease or this Agreement, then the City will have all of the rights, remedies and indemnities against the Licensee that are available to the Head Landlord under the Head Lease for a breach of the obligations of the City thereunder. The City will have the right, but not the obligation, to take remedial steps to cure any default by the Licensee under this Agreement. 10. Within seven (7) days of termination or expiration of this Agreement, the Licensee shall remove its belongings, including all furnishings, equipment, etc., from the Lands and peaceably surrender to the City the Lands. Any belongings not removed by the Licensee within the time limit provided, shall be absolutely forfeited to and become the property of the City and the City may, at its sole option, retain the belongings or it may remove and dispose of them. The cost of removal and disposal of any belongings shall be charged to the Licensee, and shall be paid by the Licensee to the City forthwith. 11. All notices, claims and communications required or permitted to be given shall be: (a) in writing and shall be sufficiently given if personally delivered to a responsible officer of the party hereto to whom it is addressed or mailed by prepaid post: (i) in the case of City of Maple Ridge, to Darrell Denton, Property Manager, City of Maple Ridge, 11995 Haney Place, Maple Ridge, B.C. V2X 6A9; and (ii) in the case of the Licensee to the Operations Manager, George Simpson, RainCity Housing and Support Society, 616 Powell Street, Vancouver, BC V6A 1H4 or at such other addresses as the parties may from time to time advise the other party hereto in writing. The date of receipt of any notice shall be deemed to be the date of delivery of such notice if served personally, or if mailed as aforesaid on the fifth (5th) day following the date of such mailing. (b) In the event of a disruption in postal service, the notice referred to in paragraph 12(a) shall be hand delivered and it shall be considered to have been received on the date of such delivery. 12. Nothing in this Agreement affects the right of the City to exercise its powers within its jurisdiction. 13. The Licensee shall not assign this Agreement in whole or in part. 14. Time is of the essence of this Agreement. IN WITNESS WHEREOF of the parties hereto have executed this Agreement as of the day and year first above written. THE CORPORATION OF THE CITY OF MAPLE RIDGE by its authorized signatory: RAINCITY HOUSING AND SUPPORT SOCIETY by its authorized signatory: __________________________ Corporate Clerk Date:_________________________ __________________________ George Simpson Operations Manager Date:_________________________ City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: September 29, 2015 and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: Council SUBJECT: Memorandum of Understanding with BC Housing EXECUTIVE SUMMARY: Council’s approval is requested to enter into a Memorandum of Understanding (MOU) with BC Housing for the operation of a temporary winter shelter. The attached MOU will provide additional context for the operation of the shelter by outlining the roles and responsibilities for both the City and BC Housing. The attached MOU defines BC Housings responsibility to fund shelter operations and the City’s responsibility to fund the lease and capital improvments. Council previously approved a lease for the premises on which the Interim Shelter will operate. RECOMMENDATION: That the Corporate Officer be authorized to execute the Memorandum of Understanding between the City of Maple Ridge and BC Housing for the operation of the temporary homeless shelter to be located at 22239 Lougheed Highway. DISCUSSION: a)Background Context: In response to an immediate crisis created by the Cliff Avenue encampment, the City of Maple Ridge and BC Housing have agreed to open a temporary winter shelter at 22239 Lougheed Highway to increase our community’s capacity to shelter people who are are currently unsheltered and living in unsafe conditions, in particular, those who are camping on Cliff Avenue. This temporary service will aid in the orderly and lawful decampment of the Cliff Avenue camp by providing reasonable shelter options. The shelter will operate for six months and will provide services and supports to individuals currently living on the streets primarily those living in the Cliff Avenue encampment. A Licence to Occupy between the City and the operator that BC Housing has entered into an agreement with (Rain City Housing and Support Services) is also under consideration at this meeting. b)Desired Outcome(s): That the Memorandum of Understanding regarding the opening and operation of the temporary winter shelter be approved. 1202 c)Strategic Alignment (as appropriate): There is currently not enough shelter capacity in the community to accommodate the people living in the Cliff Avenue encampment. The temporary shelter aligns with Council’s Strategic Direction of a Safe and Livable Community by providing a reasonable shelter option for individuals in this circumstance. In the most recent update report from the Maple Ridge Resilienace Initiative, there were 35-45 people residing at the Cliff Avenue encampment. d)Citizen/Customer Implications: The opening of the shelter will provide an option for those living in the encampment to access appropriate services and supports. It will also support and help facilitate an orderly and lawful decampment process. In addition, the return of Cliff Avenue to its intended use will provide a great deal of relief to residents and businesses located near the encampment. CONCLUSIONS: The recommendation is that the City enter into a Memorandum of Understanding between BC Housing and the City of Maple Ridge for the purpose of the temporary winter shelter located at 22239 Lougheed Highway. “Original signed by Shawn Matthewson”________________ Prepared by: Shawn Matthewson, Social Planning Analyst “Original signed by Frank Quinn”______________________ Approved by: Frank Quinn, MBA, P. Eng. General Manager, Public Works and Development Services “Original signed by Paul Gill” for_______________________ Approved by: Paul Gill, CGA General Manager, Corporate & Financial Services “Original signed by Kelly Swift”_________________________ Concurrence: Kelly Swift General Manager, Community Development, Parks & Recreation Services Acting Chief Administrative Officer Appendix A: Memorandum of Understanding Memorandum of Understanding between BC Housing Management Commission (BC Housing) and the City of Maple Ridge (the City) regarding the development and operation of a temporary winter shelter for 2015-2016 Introduction This Memorandum of Understanding (MOU) sets out the understanding between BC Housing and the City for the funding, development and operation of a temporary winter shelter (the Shelter) in the city of Maple Ridge, with an opening date no earlier than October 1, 2015 and closing on March 30, 2016. Objective The objective of this MOU is to provide safe, secure, temporary shelter and supports to homeless people in the City through the winter season, primarily for those residing at the Cliff Avenue camp and who do not access existing services. The added shelter capacity will augment the existing options for the City’s homeless and at risk of homelessness population. Temporary Winter Shelter Capacity The parties intend that there will be 40 shelter beds at the Shelter, which will be located at 22239 Lougheed Hwy, Maple Ridge, legally described as PID: 024-272-299, Parcel 1, DL 398, Group 1 NWD Plan LMP39714. The Shelter will be operated by RainCity Housing and Support Society S-26721, or another not-for-profit group selected by BC Housing (the Provider). The Shelter will be operated 24 hours per day, 7 days per week by the Provider. Services provided to Shelter occupants will include accommodation, meals, non-clinical supports, and connection to health and community based services. Eligible Occupants People who are currently homeless, unsafely housed or at immediate risk of homelessness will be eligible to occupy these Shelter beds. Priority will be given to those homeless people currently located at Cliff Avenue. Individuals whose behaviours represent a significant risk to the safety and security of Shelter occupants or staff, as determined at the sole discretion of the Provider, will not be eligible. Fraser Health Authority The Shelter occupants will have access to clinical services provided by Fraser Health and their contractors in the community e.g. local health clinics, detox and treatment, and in some cases through outreach to the occupants in the Shelter. BC Housing BC Housing will provide operating funding directly to the Provider for the Shelter. This funding is being made available for 6 months of operating costs related to 24 hours per day, 7 days per week operations commencing in October 2015. The eligible operating costs include staffing for the provision of accommodation and the delivery of non- clinical support services including connecting occupants to health and social services as well as a daily meal program (2 hot meals per day). Funding is also eligible to provide intake assessments, ongoing engagement and case planning to support occupants’ transition to longer term housing. BC Housing funding is not eligible for any capital costs or operating costs related to the building, including but not limited to, capital improvements, lease costs, appliances and equipment, utilities, fees or taxes. Operating Agreement. BC Housing will enter into an Operating Agreement with the Provider related to the accommodation and support services funded by BC Housing. APPENDIX A Shelter Provider The Provider will nominate a representative to participate in the Shelter development process. The Provider will give direction to the City on Shelter design requirements, including but not limited to, safety and security features, laundry and meal program requirements. The Provider will be responsible for the Shelter occupant intake process and will make best efforts to ensure that potential occupants’ behaviours will not pose undue risk to other Shelter occupants or staff. The Provider will maintain up-to-date records of Shelter occupants, including where they were staying previously, length of stay and where they go upon leaving the Shelter. The Provider will be the principle contact for residents and business owners in the vicinity of the Shelter, and will provide a 24 hour, 7 days per week contact number that neighbours and others can access if they wish to report concerns regarding the Shelter or activities in the neighbourhood. The Provider will be responsible to maintain the immediate vicinity of the exterior of the Shelter free of litter and well maintained. The Provider will take reasonable steps to mitigate negative effects on the community surrounding the Shelter caused by Shelter operations and its occupants. Partners The City, through its task force known as the Maple Ridge Resilience Initiative, will provide supports and resources to Shelter occupants which may or may not be funded by BC Housing pursuant to other agreements. The City, through its partners in addressing homelessness, will endeavour to work with Shelter occupants to connect them to health services, access to social services, access to Income Assistance, and access to addictions services. The City will work closely with the Provider to ensure each Shelter occupant is offered appropriate support services. The City Consultation. The City understands the need for public consultation in regard to its strategies to address homelessness and the need for the Shelter. The City will continue to engage the public and key stakeholders with a focus on recent research related to the specific needs of homeless individuals particularly as it relates to the high incidence of mental health, addictions, and other health issues in the homeless population. The City will coordinate and lead a local public notification process that will be completed prior to the opening of the Shelter. The City will also coordinate and host an open house prior to the opening of the Shelter, so neighbours and local businesses can meet the Provider, learn about the Shelter and occupants, and exchange contact information. The Provider, BC Housing and the Maple Ridge RCMP will attend these events. City staff and council members will communicate with neighbouring businesses immediately following the opening of the Shelter to answer questions and provide information about the Shelter. Invitations from established organizations such as business improvement associations, resident associations, and other key stakeholders, asking the City, BC Housing or the Provider to attend one of their regularly scheduled meetings will be accommodated to the extent that the schedule allows. Capital Improvements. The City will be responsible for coordinating, executing and funding all capital improvements required to enable the Provider to safely and effectively operate the Shelter. The City wil l incorporate all reasonable requests by the Provider for the Shelter design and systems that are consistent with best practices. Environmental. The City will undertake environmental assessments of the Shelter site to determine if there are any hazardous materials e.g. asbestos that need to be removed. The City will pay the costs to remove any hazardous materials. City Approvals. The City will ensure that all City approval processes will be expeditiously processed to enable the Shelter occupancy by October 8, 2015, with a preferred date of October 1, 2015. The parties recognize that good communication, prompt responses, and complete documentation will be essential to achieve this schedule. Sustainability. The City and BC Housing are committed to achieving high environmental standards and minimizing greenhouse gas emissions. The City will ensure that all construction material, equipment and processes used to prepare the site for use as a Shelter meet this commitment. Lease. The City will secure the Shelter site by executing a lease with the site owner, and, as lessee of the Shelter site, will grant a license of occupation to the Provider for a nominal prepaid rent. The City will pay all utilities, insurance, fees, including but not limited to any building and development fees, and taxes. BC Housing will be responsible for commercial general liability, “all-risks” building and contents insurance associated with the operation of the Shelter. Roles and Responsibilities Communications. All major communications activities and materials related to the execution of this MOU, the development and the operation of the Shelter, will be mutually approved by the B.C. government, through BC Housing, and the City. BC Housing. BC Housing will provide operating funding as noted in this MOU, subject to the conditions noted herein being met to the satisfaction of BC Housing. This funding is available solely for the purpose of providing the Shelter and services as described in this MOU for the winter of 2015-2016. City of Maple Ridge. The City is responsible for regulating development in the City, and for securing the lease for the Shelter. The City’s lease interests and regulatory roles are separate and independent, and where relevant to this MOU, are specifically identified. Effect of Memorandum of Understanding For clarity, this MOU sets out the basic, present understandings and goals between the City and BC Housing, however this MOU is non-binding only and does not create any binding legal obligations between the City and BC Housing. This MOU is not intended to create a relationship of partnership, joint venture or agency between the City and BC Housing. for for BC HOUSING MANAGEMENT COMMISSION THE CORPORATION OF THE CITY OF MAPLE RIDGE _______________________ ____________________________ Craig Crawford Name: Vice President, Operations Corporate Officer of the City of Maple Ridge _______________________ ____________________________ Date Signed Date Signed