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HomeMy WebLinkAbout2010-02-16 Public Hearing Meeting and Reports.pdfDistrict of Maple Ridge PUBLIC HEARING Feb 16, 2010 DISTRICT OF MAPLE RIDGE NOTICE OF PUBLIC HEARING TAKE NOTICE THAT a Public Hearing will be held in the Council Chamber of the Municipal Hall, 11995 Haney Place, Maple Ridge, North-East corner entrance, at 7:00 p.m., Tuesday, February 16, 2010 to consider the following bylaws: 1a) _ RZ/103/08 MAPLE RIDGE HERTIAGE DESIGNATION AND REVITALIZATION AND TAX EXEMPTION AGREEMENT BYLAW NO. 6709-2010 LEGAL: Lot 1, Section 4, Township 15, Plan 13294, New Westminster District LOCATION: 28594 104 Avenue PURPOSE: A bylaw to designate a property as a heritage property under Section 967 of the Local Government Act and to enter into a Heritage Revitalization Agreement under Section 966 of the Local Government Act and to grant a Tax Exemption under Section 225 of the Community Charter. 1b) RZ/103/08 MAPLE RIDGE HERTIAGE SITE MAINTENANCE STANDARDS BYLAW NO. 6710-2009 LEGAL: Lot 1, Section 4, Township 15, Plan 13294, New Westminster District LOCATION: 28594 104 Avenue PURPOSE: A bylaw to establish minimum maintenance standards for protected heritage properties 2) RZ/078/09 MAPLE RIDGE ZONE AMENDING BYLAW NO. 6707-2009 LEGAL: Lots 11, 12, 13, & 14 All of Section 20, Township 12, Plan 8679, New Westminster District LOCATION: 22491, 22505, 22515 & 22525 Brown Avenue FROM: RS-1(One Family Urban Residential) TO: RM-2 (Medium Density Apartment Residential) PURPOSE: To permit the construction of a four -storey, wood -frame, 77 unit residential apartment building. 3a) RZ/022/O9 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING BYLAW NO. 6699-2009 LEGAL: Lots 3 & 4, Section 28, Township 12, Plan 2409, New Westminster District LOCATION: 23300 & 23400 136 Avenue PURPOSE: To amend Figures 2 and 3B of the Official Community Plan (as shown on Map. 787) FROM: Low Density Urban, Open Space and Conservation TO: Conservation =, and Med/High Density Residential AND: To amend Figure 4 of the Official Community Plan (as shown on Map. 788) to add to conservation. Ow Map No. 787 Map No. 788 3b) RZ/022/09 MAPLE RIDGE ZONE AMENDING BYLAW NO. 6700-2009 LEGAL: Lots 3 & 4, Section 28, Township 12, Plan 2409, New Westminster District LOCATION: 23300 & 23400 136 Avenue FROM: RS-3 (One Family Rural Residential) TO: RS-1b (One Family Urban (Medium Density) Residential) PURPOSE: To permit the subdivision of 21 single family lots. 4) RZ/085/08 MAPLE RIDGE ZONE AMENDING BYLAW NO. 6703-2009 LEGAL: Lot 21, Section 28, Township 12, Plan 47603, New Westminster District LOCATION: 13260 236 Street FROM: RS-3 (One Family Rural Residential) and RS-2 (One Family Suburban Residential) TO: RM-1 (Townhouse Residential) PURPOSE: To permit an approximate 51 unit townhouse development. AND FURTHER TAKE NOTICE that a copy of the aforesaid bylaws and copies of staff reports and other information considered by Council relevant to the matters contained in the bylaws will also be available for public inspection at the Municipal Hall, Planning Department counter, between 8:00 a.m. and 4:00 p.m. from February 5 to February 16, 2010, Saturdays, Sundays and Statutory Holidays excepted. Some of this information will also be posted on the District website www.maplerid e.ca on the Mayor and Council/Agendas and Minutes page. ALL PERSONS who deem themselves affected by any of these bylaws shall be afforded a reasonable opportunity to be heard at the Public Hearing before Council on the matters contained in the bylaws or by making a written submission to the attention of the Manager of Legislative Services or by sending an e-mail to the Clerk's Department at clerks@ma lerid e.ca ; by 4:00 p.m., February 16, 2010. All written submissions and e-mails will become part of the public record. Dated this 5th day of February, 2010. Ceri Marlo Manager of Legislative Services DEVELOPMENT APPLICATION CHECKLIST FOR FILE RZ/ 103/08 File Manager: Lisa Zosiak Official Community Plan or Zoning Bylaw Amendments: RECEIVED NOT REQUIRED 1. A completed Application Form ® ❑ (Schedule "A" — Development Procedures Bylaw No. 5879-1999) 2. An application fee, payable to the District of Maple Ridge, in accordance with Development Application Fee Bylaw no. 5949-2001. 3. A Certificate of Title and Consent Form if the applicant is different from the owner shown on the Certificate of Title. 4. A legal survey of the property(ies) ® ❑ 5. Subdivision plan layout ® ❑ 6. Neighbourhood context plan 7. Lot grading plan 8. Landscape plan'+ 9. Preliminary architectural plans including site plan, building elevations, accessory off-street parking and general bylaw compliance reconciliation'+. ' These items may not be required for single-family residential applications + These items may be required for two-family residential applications, as outlined in Council Policy No. 6.01 Additional reports rovided: 1. DISTRICT OF MAPLE RIDGE Agenda Item: 1101.1 Council Meeting of: January 26, 2010 I. That Bylaw No. 6709-2009 be given first reading and be forwarded to Public Hearing; and 2. That the following terms and conditions be met prior to final reading; L Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of security as outlined in the Agreement; ii. Registration of a geotechnical report as a Restrictive Covenant which addresses the suitability of the site for the proposed development; iii. A Statutory right of way plan and agreement must be registered at the Land Title Office for a horse trail that extends east off of 104th Avenue, along the north property line of the site; iv. Construction of the equestrian trail described in Item iii. above; V. Road dedication as required; A. A Landscaping Restrictive Covenant must be registered at the Land Title Office; vii. A disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks. If there is evidence, a site profile pursuant to the Waste Management Act must be provided in accordance with the regulations viii. Pursuant to the Contaminated Site Regulations of the Environmental Management Act, the subdivider will provide a Site Profile for the subject lands. (RZ/103/08, 28594104 Avenue, the Miller Residence - to designate a property as a heritage property under Section 967 of the Local Government Act and to enter into a Heritage Revitalization Agreement under Section 966 of the Local Government Act and to grant a Tax Exemption under Section 225 of the Community Charter) CA IED DEFEATED DEFERRED "Ernie Daykin" MAYOR TO: _Chief Administrative Officer AnQN NOTICF _ Gen Mgr - Corporate & Financial Mgr - Accounting -en Mgr - Public Works & Development Dir- Planning r �� Dir- Licenses, Permits & By-laws _ Municipal Engineer Mgr - Corporate and Development En Gen Mgr - Com. Dev. & Rec. Services Clerk's Section Corporate Officer Property & Risk Manager Diana Dalton Amanda Allen z/ Amanda Gaunt The above decision was made at a meeting of the Municipal Council held on the date noted above and is sent to you for notation and/or such action as maybe required by your Department. January 26 2010� Date Corporate Officer DISTRICT OF MAPLE RIDGE Agenda Item: 1101.2 Council Meeting of: January 26, 2010 That Bylaw No. 6710-2009 be given first reading and be forwarded to Public Hearing. (RZ/103/08, 28594 104 Avenue, the Miller Residence - to establish minimum maintenance standards for protected heritage properties) CA71IED DEFEATED DEFERRED "Ernie Daykin" MAYOR TO: _ Chief Administrative Officer AQIDX NOTICE Executive Director Mgr- Economic Development Mgr - Sustainability & Corp Planning Mgr - Communications _ Gen Mgr - Corporate & Financial RCMP Fire Chief Mgr - Accounting _ Chief Information Officer fGen Mgr - Public Works & Development Dir - Planning Dir - Licenses, Permits & By-laws Municipal Engineer Mgr - Corporate and .Development En Dir - Engineering Operations _ Gen Mgr - Com. Dev. & Rec. Services Dir- Parks & Facilities Dir - Recreation Dir - Community Services Clerk's Section Corporate Officer Property & Risk Manager Lynn Marchand _ Diana Dalton `V Amanda Allen 6i, Tracy Camire c/ Amanda Gaunt r Karen Kaake The above decision was made at a meeting of the Municipal Council held on the date noted above and is sent to you for notation and/or such action as may be required by your Department. Meeting Date Ur Date Corporate Officer DISTRICT OF MAPLE RIDGE Deep Roots Greater Heights TO: His Worship Mayor Ernie Daykin DATE: January 11, 2010 and Members of Council FILE NO: RZ/103/08 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: First Reading Maple Ridge Heritage Designation and Revitalization and Tax Exemption Agreement Bylaw No. 6709-2009 -The Miller Residence at 28594 104 Ave And Heritage Site Maintenance Standards Bylaw No. 6710-2009 EXECUTIVE SUMMARY: An application has been received to enter into a Heritage Revitalization Agreement to conserve the historic site known as the Miller residence. The Agreement will vary or supplement the provisions to the Official Community Plan and Zoning Bylaw in exchange for conservation of this historic site. The site is located in the Ruskin historic community, which has a Rural Residential designation in the Official Community Plan. The applicant is requesting the Heritage Revitalization Agreement to enable the subdivision of the subject site into four lots. The Heritage Revitalization Agreement is a bylaw prepared by the municipal solicitor in consultation with the B.C. Heritage Branch. It will prevail over the Official Community Plan designation and Zoning Bylaw and permit one of the lots to be less than the required minimum lot size of 2.0 hectares. Included in the Heritage Revitalization Agreement Bylaw are a Municipal Heritage Designation and Property Tax Exemption, both of which are proposed for one of the four lots that will retain the majority of the site's heritage value. A proposed Heritage Site Maintenance Standards Bylaw is a second bylaw attached to this Council report. Currently, the District does not have such a bylaw and it is intended to provide protected heritage sites with a standard for maintenance and instructions on when District approval is needed for alterations. RECOMMENDATIONS: 1. That Maple Ridge Heritage Designation and Revitalization and Tax Exemption Agreement Bylaw No. 6709-2009 and Maple Ridge Heritage Site Maintenance Standards Bylaw No. 6710-2009 each be given first reading and be forwarded to Public Hearing; 2. That the following terms and conditions be met prior to final reading. Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of security as outlined in the Agreement; ii. Registration of a geotechnical report as a Restrictive Covenant which addresses the suitability of the site for the proposed development; iii. A Statutory right of way plan and agreement must be registered at the Land Title Office for a horse trail that extends east off of 1041h Ave. along the north property line of the site; iv. Construction of the equestrian trail described in item iii above. V. Road dedication as required; vi. A Landscaping Restrictive Covenant must be registered at the Land Title Office; vii. A disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks. If there is evidence, a site profile pursuant to the Waste Management Act must be provided in accordance with the regulations. viii. Pursuant to the Contaminated Site Regulations of the Environmental Management Act, the subdivider will provide a Site Profile for the subject lands. DISCUSSION: a) Background Context: Applicant: Owner: Legal Description: OCP: Existing: Proposed: Zoning: Existing: Proposed: Surrounding Uses North: Use: Zone: Designation South: Use: Zone: Designation Coldwell Banker Tri-Tel Realty Stan Pavlov Michael R Whieldon Section: 4, Township: 15, Plan: 13294 Rural Residential Rural Residential A-2 (Upland Agricultural) A2 with a Heritage Revitalization Agreement Single -Family Residential Agriculture (Al and A2 Lots) Rural Residential Residential and Agriculture A-2 (Upland Agricultural) Agriculture and Rural Residential -2- East: Use: Zone: Designation: West: Use: Zone: Designation: Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing: Companion Applications: b) Project Description: Langley Indian Reserve No. 2 None None Agriculture A-2 (Upland Agricultural) Agriculture and Rural Residential Single -Family Residential Heritage Revitalization Agreement and Four Lot Subdivision into Single -Family Lots 7.823 HA 1041" Avenue Rural DP/103/08 and SD/103/08 The subject site is the location of two historic places, the Miller residence and the Ball residence (see Appendix B). Both of these buildings are listed in the Maple Ridge Heritage Inventory and the Miller residence is also listed on the Maple Ridge Community Heritage Register. The condition of the two residences differs in that the Miller residence has been fairly well -maintained over the years (although it is due for some maintenance work) and the condition of the Ball residence has deteriorated to the point where only the north facing fapade remains. A small house is located adjacent to the Ball residence fapade, which appears to have been constructed in the 1980's, but it has no heritage value. It is believed that the Ball residence was constructed in 1893 or earlier and had it remained intact, it would be one of the earliest surviving farm houses in Maple Ridge. The Miller residence was constructed in 1932 by Albert Miller who was a master craftsman living in Ruskin. Prior to the construction of the Miller residence, the Ball residence property was 160 acres and used for farming. When Albert Miller purchased the property, it had been subdivided into 130 acres (still much larger than at present) and although farming continued on the land, it is believed that it was for domestic and not commercial purposes. After Albert Miller died, the property was transferred to his heirs and it was subdivided to its current size. At that time the existing landscape, that includes an orchard, was planted and a chicken coop, sheep barn, and storage shed were constructed. Most of the internal and external heritage features of the Miller house and accessory buildings are original and in good condition. In the interior of the house, these features include wood inset and detailing on the walls, floors, and ceiling and double -hung wood sash windows. For the exterior fapade, the original features include the late craftsman design, shingle siding, and the large garage door opening that may have been designed for farm machinery. -3- The Proposal The subject site is designated Rural Residential in the Official Community Plan and zoned A-2 (Upland Agricultural). Under the Rural Residential designation, the applicant has the option to rezone this 7.8 hectare site to RS-3 (One Family Rural Residential). The site does not have access to community water and therefore, according to provisions in the Rural Residential section of the Official Community Plan (Policy 3-7) and the Zoning Bylaw (Schedule D, Item 3), the minimum lot size requirement is 2.0 hectares. This means that if the applicant chose to rezone to RS-3, it would then be possible to subdivide the site into a maximum of three single-family lots. The applicant is proposing to protect the heritage value of the Miller Residence site, in exchange for the potential to subdivide the site into four single family lots, instead of three. A Heritage Revitalization Agreement has the authority to provide this flexibility. Because the site is too small to enable a four lot subdivision under the RS-3 zone, a Heritage Revitalization Agreement is proposed to create a situation where the applicant benefits from the potential for an extra lot and the community benefits through the preservation of a valuable heritage site. The applicant has filed septic system location and details for all four proposed lots with Fraser Health and provided confirmation of this to the District. A report on water well flow quality and quantity has also been completed by the consulting engineer and all four proposed wells passed these tests. Heritage Desi nation and Revitalization and Tax Exemption Agreement Bylaw The subject proposal aims to vary the existing policy requirements related to lot size and expand potential uses for the Miller residence (proposed Lot #2), in exchange for the long-term protection of the Miller residence buildings through a Heritage Revitalization Agreement and Municipal Heritage Designation. The legal authority for a Heritage Revitalization Agreement is in Section 966 of the Local Government Act and is a tool used to supersede the provisions of a municipality's existing land -use bylaws to allow for flexibility in the adaptive use of a heritage site. The Heritage Revitalization Agreement tool has never been utilized in Maple Ridge before, so the subject application will be the first. With input from District staff, the District's solicitors prepared the Heritage Revitalization, Designation, and Tax Exemption Agreement Bylaw. District staff also worked in close consultation with the applicant and representatives from the B.C. Heritage Branch on this application. The Heritage Designation and Revitalization and Tax Exemption Agreement Bylaw is structured so that if a four lot subdivision is not approved for this site, the Agreement becomes null and void and the site will be subject to the existing A-2 (Upland Agricultural) zone. However, if after approval of the Heritage Revitalization Agreement Bylaw the site is then subdivided into four lots the said bylaw will be in effect and it will cover all four lots. Due to the extra density of one single-family lot that is proposed through the Heritage Revitalization Agreement bylaw, the said bylaw is applied to all four proposed lots. However, the Heritage Designation and Tax Exemption portions only affect proposed Lot #2 (the Miller residence). Also, Z'9 because a Heritage Revitalization Agreement bylaw may supersede a Zoning bylaw, all four proposed lots will remain zoned A-2 (Upland Agricultural), but will be subject to the RS-3 (One Family Rural Residential) regulations with some variances to suit the development proposal and, heritage conservation. So, in essence it is a very similar outcome to an actual rezoning application, except that it has the power to vary the use and density of a site. Conservation and Feasibility Plan A thorough analysis of the site's heritage value, current need of maintenance, and future adaptive use was undertaken by professionals with expertise in heritage conservation, architecture, and landscape architecture. The resulting Conservation and Feasibility Study provides a detailed history of the site and identifies the existing features that should be restored and preserved to ensure the most effective protection of the site's heritage value. The Conservation and Feasibility Study is attached as a schedule to the Heritage Revitalization Agreement to serve as a guide for the restoration, protection, and adaptive use of the site, with specifics mostly focused on the heritage value of the Miller Residence. The proposed subdivision lines are based on the recommendations in the Conservation and Feasibility Study. The heritage consultants provided comments on how best to protect the cultivated agricultural landscape that surrounds the Miller residence. This has resulted in Lot #1 being proposed at 1.8 hectares and Lots #2 (the Miller residence), #3, and #4 being proposed at 2.0 hectares each. The Conservation and Feasibility Study also identifies the existing forested area on the entire site as having heritage value and serving as an important backdrop to the Miller residence. A restrictive covenant will be registered on the property title prior to final reading of this bylaw to protect the existing forest area and create a forest buffer around the Miller residence. The restrictive covenant will also require that the cultivated trees and shrubs located on proposed Lot #2 are protected and maintained over the long-term. The Ball residence is identified as a significant site feature in the Conservation and Feasibility Study and it is recommended that it be retained and integrated into new development on proposed Lot #1. However, this has not been made a requirement in the attached Heritage Revitalization and Tax Exemption Agreement Bylaw, as there will be some cost and work related to stabilizing and maintaining the fagade, which will likely not be of any use to the future property owners of proposed Lot #1. Heritage Designation of Miller Residence Site (Proposed Lot #2) As discussed above, a Municipal Heritage Designation is proposed in the Heritage Revitalization, Designation and Tax Exemption Agreement Bylaw for the Miller residence site (proposed Lot #2). Although both the Heritage Revitalization Agreement and the Municipal Heritage Designation provide full legal protection of the site and a Heritage Alteration Permit is required to make alterations in both instances, Section 970 1(a) of the Local Government Act only enables municipally designated sites to follow a Heritage Site Maintenance Standards Bylaw. Such a bylaw sets minimum -5- maintenance standards and identifies what kind of work property owners may undertake without obtaining a Heritage Alteration Permit from the District. Currently, Maple Ridge does not have a Heritage Site Maintenance Standards Bylaw in place and a proposed bylaw is attached to this report for Council consideration. The Heritage Site Maintenance Standards Bylaw is intended to communicate to heritage property owners the minimum expectation of ongoing maintenance of a protected historic site. The Bylaw is also intended to provide notice that a heritage alteration permit is required for building alterations, depending on the extent of work to be done. Upon approval of the Heritage Site Maintenance Standards Bylaw, a copy will be mailed to all property owners of protected historic sites in Maple Ridge. Tax Exemption Bylaw Under Section 225(2)(b) of the Community Charter, a municipality may exempt protected heritage properties from the municipal portion of taxation. It is proposed that upon approval and completion of a four lot subdivision of the subject site, a five year tax exemption would be granted to the Miller Residence site (proposed Lot #2), but is not applicable to the other three lots. The tax exemption of heritage property is not new to the District, with a tax exemption being granted to the former Ruskin School in exchange for protection of the property. The former Ruskin School was granted a one (1) year tax exemption, whereas a much longer exemption is proposed for the Miller residence. The difference between these two historic sites is that the Miller residence currently retains and will continue to retain most of its heritage character - defining elements, whereas, the Ruskin has few of these elements left. The specifics of these differences are as follows: • A heritage consultant was hired by the applicant to obtain a guide that is sensitive to the protection of the Miller residence site's character -defining elements and recommends protecting original elements, such as window casings, the original fapade siding, and the interior wood elements. This guide will be used for all Heritage Alteration Permits required for this site and it has been agreed to in the Heritage Revitalization Agreement that a registered professional monitor alterations to the site to ensure the work complies with federal and provincial heritage conservation standards. • Professional heritage consultants were not utilized for the alterations made to the Ruskin School and significant changes have been made to the exterior fapade and the interior. To date, very little research has been undertaken on the history and character -defining elements of the Ruskin School. The municipal portion of the Ruskin School property taxes that was forfeited by the District in 2002 amounted to $1300. The municipal portion of the 2009 taxes for the Miller residence is currently $750 per year. I� c) Planning Analysis: Official Community Plan: The Official Community Plan contains Rural Residential Policy 3-7 which indicates that where community water is not available and on -site water is provided, the minimum lot size is 2.0 hectares. Of the four proposed lots for the subject site, Lot 1 is proposed to be 1.80 hectares. Because a Heritage Revitalization Agreement has the authority to supersede policies in the Official Community Plan, it is possible to create the proposed smaller lot size without an amendment to the Official Community Plan. The remaining three lots proposed in this Heritage Revitalization Agreement and subsequent subdivision are consistent with the Official Community Plan at 2.0 hectares each. Heritage Management: There are two policies that are supportive of protecting heritage resources through heritage management tools legislated within the Local Government Act. These policies are as follows: 4-43 The development application review process will include an opportunity to evaluate the overall impact of proposed development on the heritage characteristics and context of each historic community or neighbourhood. Conservation guidelines and standards should be prepared to aid in this evaluation and provide a basis from which recommendations can be made to Council. 4-44 Maple Ridge will endeavour to use tools available under Provincial legislation more effectively, to strengthen heritage conservation in the District. Other planning tools will also be utilized where appropriate to establish a comprehensive approach to heritage management in the District. Figure 5 of Appendix E in the Official Community Plan shows a public trail proposed to extend beyond 1041h Avenue into the Langley Indian Reserve No. 2 lands, which is located between the Maple Ridge and Mission municipal boundaries. A letter was sent to the Kwantlen First Nation (who oversees the Langley Reserve lands) in early September, no response has been received to date. District staff will continue to pursue this matter with the Kwantlen First Nation. If approval is received prior to final reading of the subject bylaw, the applicant will be required to construct a horse trail along the public Right -of -Way to the Langley Indian Reserve lands. If approval is not received before final reading, the District will retain the Right -of -Way with the intent of continuing to pursue the matter with the Kwantlen First Nation, but no trail construction will be required at that time. Zoning Bylaw: It is stated in the Heritage Revitalization and Tax Exemption Agreement Bylaw that all four proposed lots will be subject to the requirements under the RS-3 (One Family Rural Residential) zone, with the following exceptions: -7- • the minimum lot size requirement of 2.0 hectares, where no community water is available, be varied to permit a lot size of 1.8 hectares for proposed Lot #1. • the uses permitted for the Miller residence site, proposed Lot #2, be expanded to include an artist studio/gallery, a professional office, and/or a bed and breakfast. The specifics of a Heritage Revitalization Agreement have the power to supersede the Zoning Bylaw, so there is no need for a Development Variance Permit for the subject site. Development Permits: A Natural Features Development Permit is required, due to the significant slopes at the east end of the site that are greater than 25%. Development Information Meeting: A Development Information Meeting was not required, due to the low number of units being proposed and because there are not any Official Community Plan or Zoning Bylaw amendments proposed. d) Citizen/Customer Implications: Community Heritage Commission The application for the Heritage Revitalization Agreement was received in June 2009 and the Community Heritage Commission has been updated on the progress of the proposal since that time. Members of the Commission are supportive of this application. e) Interdepartmental Implications: Engineering Department: The Engineering Department has commented as follows: • There is no community water system servicing this property. One of the proposed lots is less than 2 hectares, but is serviced by an existing well. • A demolition permit is required prior to removing any existing buildings from the site. • There are no projects in this area included in Development Cost Charge Bylaw No. 6462-2007. • An impact analysis on nearby wells may be required. • This application will require Ministry of Health approval in regard to the provision of septic tank and fields for each site and also for the provision of wells for each site. • A horse trail is shown in the Official Community Plan along 104t" Avenue to the Kwantlen First Nation land to the east of the site. Parks & Leisure Services Department: The Official Community Plan identifies a continuation of the horse trail route along the north edge of the site into the Langley Indian Reserve No. 2. A right-of-way for this trail will be secured as a condition of final reading for the Heritage Revitalization and Tax Exemption Bylaw. The applicant will be required to construct the horse trail as part of the site development work. The Parks & Leisure Services Department have identified that after the proposed subdivision is completed they will be responsible for maintaining the street trees. In the case of this project it is estimated that there will be an additional four trees which is based on one tree per lot; final subdivision design will provide exact numbers. The Manager of Parks & Open Space has advised that the maintenance requirement of $25.00 per new tree will increase their budget requirements by $100.00. Licences, Permits & Bylaws Department: The Building Department comments are as follows: • Building will require certification from the Engineer stating the potability of the wells and the ability to meet minimum flow requirements as outlined in the Building Bylaw. • Percolation tests for the septic fields will need to be conducted prior to the issuance of a Preliminary Letter of Approval for subdivision. • Comments are required from the Geotechnical Engineer on the location of the septic fields in relation to the geotechnical setback line for proposed lots 3 and 4. • Confirmation of subsurface conditions from a Geotechnical Engineer to a minimum depth of 4.0 metres is required. • Comments, are required from the Geotechnical Engineer on whether or not additional setbacks are required from a geotechnical setback line (GSL) for the proposed dwelling units. If additional setbacks are required, this should be highlighted on the legal plan registered with the restrictive covenant. • Due to the high water table, slab on grade construction only will be permitted by the Building Department. • A Restrictive Covenant for infiltration will need to be registered as a condition of PLA. The type and design will need to be indicated on the Comprehensive Lot Grading Plan (CLGP) and be sealed by a Professional Engineer. f) Environmental Implications: The site has steep slopes greater than 25% grade at the east end of the site. The proposed subdivision plan shows a line marking the top of the slope and there is a 15 metre forested buffer that will be protected through a covenant. Prior to final reading, the applicant will provide an update to the existing geotechnical report that includes comments on whether or not additional setbacks are required to those proposed on the subdivision plan. MI A stream, known as Painters Brook, has its headwaters south of the subject site. Although it is located outside of the 50 metre development permit area for watercourses, the Engineering and Environment sections will review servicing plans to ensure that no contamination or siltation of the creek occurs. CONCLUSION: The Miller residence site is a heritage gem for Maple Ridge in that so much of its original form and character, both inside and outside the residence, remains intact and in good condition. The proposed adaptive use of the site will enable expanded residential use of the site, a potential for new uses for the existing Miller residence, and ongoing protection of the site's heritage value for the benefit of the current and future residents of Maple Ridge. If approved, the Heritage Revitalization Agreement will be the first one adopted in Maple Ridge. The intent of the Heritage Revitalization Agreement is to enable a creative and unique solution to enable adaptive use of a heritage site, while protecting its heritage character and character defining elements. It is anticipated the District will continue to use this heritage conservation tool to protect more heritage sites as the needs of the Maple Ridge community evolve over the lifespan of its older character buildings. Prepared by.(Asa Z k Plann t7d��- c erlAg; M , MCIP or lann' Z ' Approved by: Frank Quinn, MBA, P.E GM: PWor V �vve 4ent Services Concurrence: J. L (Jim] ule Chief Ad nistrative Officer The following appendices are attached hereto: Appendix A - Subject Map Appendix B - Proposed Subdivision Plan Appendix C - Heritage Designation and Revitalization and Tax Exemption Agreement Bylaw No. 6709-2010 Appendix D - Heritage Site Maintenance Standards Bylaw No. 6710-2010 OF -III N SCALE 1:5,000 City of Pitt District of Langley s I SUBJECT PROPERTY 28594 104 AVENUE .N 16 CORPORATION OF THE DISTRICT OF MAPLE RIDGE mm "Fnmm� PLANNING DEPARTMENT DATE: Jun 1, 200g FILE: DP/103/08 BY: PC LO o Z 'ON RAaasiRd uo/pu/ 1,9/6uo7 4 0 p = �p IR N I i m L8(,7 y ? a j 6 v = e J YO �` N O R I U OON ry h' $ p Ile) cr �� pJ U co N O 12, l'OZ F U sr c C w � O�c J g_ Rf � o ti N I- � �� h " _M V � � p 1 •Y1 � CORPORATION OF THE DISTRICT OF MAPLE RIDGE I:YARIATJA►[aw: ole.]WZ610J, A Bylaw to designate a property as a heritage property under Section 967 of the Local Government Act and to enter into a Heritage Revitalization Agreement under Section 966 of the Local Government Act and to grant a Tax Exemption under Section 225 of the Community Charter WHEREAS the Municipal Council of the Corporation of the District of Maple Ridge considers that the property located at 28594 104th Avenue, Maple Ridge, B.C. has heritage value and that certain portions of and buildings on the property should be designated as protected under section 967 of the Local Government Act; AND WHEREAS the District of Maple Ridge and Michael Whieldon wish to enter into a Heritage Revitalization Agreement for the property; AND WHEREAS the Municipal Council of the Corporation of the District of Maple Ridge wishes to exercise its discretion under section 225 of the Community Charter to exempt a portion of the property from municipal property taxation subject to the terms of an exemption agreement; AND WHEREAS the District of Maple Ridge has provided notice of a proposed tax exemption bylaw in accordance with section 227 of the Community Charter; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge enacts as follows: Citation 1.1 This Bylaw may be cited as "Maple Ridge Heritage Designation and Revitalization and Tax Exemption Agreement Bylaw 6709-2010". Interpretation 2.1 In this Bylaw, the terms "heritage value", "heritage character" and "alter" have the corresponding meanings given to them in the Local Government Act. Heritage Revitalization and Tax Exemption Agreement 3.1 The District of Maple Ridge enters into a Heritage Revitalization and a Tax Exemption Agreement (the "Agreement") with the registered owner of the property located at 28594 104th Avenue, Maple Ridge and legally described as PID: 009-797-530, Lot 1, Section 4, Township 15, New Westminster District, Plan 13294 (the "Property"). 3.2 The Mayor and Corporate Officer are authorized on behalf of the District of Maple Ridge Council to sign and seal the Agreement in the form attached as Appendix "1" to this Bylaw. 3.3 Subject to all of the terms and conditions set out in the Agreement, that portion of the Property described in the Agreement as "Lot 2" shall be exempt from District property taxation for a term of five (5) years effective from the date on which the Agreement comes into force. 2 Heritage Designation 4.1 Council hereby designates those portions of the Property containing the buildings described in the Agreement as the "Existing Heritage Buildings" as protected heritage property for the purposes of section 967 of the Local Government Act of British Columbia. Exemptions 5.1 The following actions may be undertaken in relation to the Property without first obtaining a heritage alteration permit from the District: (a) non-structural renovations or alterations to the interior of a building or structure that do not affect any protected interior feature or fixture and do not alter the exterior appearance of the building or structure; and (b) non-structural normal repairs and maintenance that do not alter the exterior appearance of a building or structure. 5.2 For the purpose of section 5.1, "normal repairs" means the repair or replacement of elements, components or finishing materials of a building, structure or protected feature or fixture, with elements, components or finishing materials that are equivalent to those being replaced in terms of heritage character, material composition, colour, dimensions and quality. READ A FIRST TIME this day of , 2010. READ A SECOND TIME this day of 2010. PUBLIC HEARING held this day of , 2010. READ A THIRD TIME this day of , 2010. ADOPTED this day of , 2010. PRESIDING MEMBER CORPORATE OFFICER APPENDIX "1" - HERITAGE REVITALIZATION AND TAX EXEMPTION AGREEMENT THIS AGREEMENT dated for reference the 12th day of November, 2009 is BETWEEN: MICHAEL REG WHIELDON P.O. Box 3376 Mission, British Columbia V2V 415 (the "Owner") Ud01113 THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE 11995 Haney Place Maple Ridge, British Columbia V2X 6A9 (the "District") WHEREAS: A. The -Owner is the registered owner in fee simple of the land and all improvements located at 28594104th Avenue, Maple Ridge, B.C. and legally described as: PI D: 009-797-530 Lot 1, Section 4, Township 15, New Westminster District, Plan 13294 (the "Land"); B. There are several buildings currently situated on the Land, all of which are labeled on the sketch map attached as Schedule "A" to this Agreement; C. The District and the Owner agree that those existing buildings labeled as "Dwelling", "Chicken Coop", "Shed 2", "Storage Shed", "Sheep Shed", and "Water House" (collectively, the "Existing Heritage Buildings") have heritage value and should be conserved but those buildings labeled as "Original Ball House Fapade", "House Built in 1970", and "Shed 1" (collectively, the "Existing Non -Heritage Buildings") do not have any heritage value and may be demolished; D. The Owner intends to apply to the Approving Officer for the District for approval to subdivide the Land into four parcels generally in accordance with the proposed subdivision plan attached as Schedule "A" to this Agreement (the "Proposed Subdivision Plan"); E. If the Proposed Subdivision Plan is approved, the Existing Heritage Buildings will be situated on that parcel labeled as "Lot 2" on the Proposed Subdivision Plan; Section 966 of the Local Government Act authorizes a local government to enter into a Heritage Revitalization Agreement with the owner of a heritage property, and to allow variations of, and supplements to, the provisions of a bylaw or a permit issued under Part 26 or Part 27 of the Local Government Act; 4 G. Section 225 of the Community Charter authorizes a local government to enter into an agreement with the owner of eligible heritage property that is to be exempt from municipal taxation, respecting the extent of the exemption and the conditions on which it is made; H. The Owner and the District have agreed to enter into this Heritage Revitalization and Tax Exemption Agreement setting out the terms and conditions by which the heritage value of the Land and the Existing Heritage Buildings are to be preserved and protected, in return for specified supplements and variances to District bylaws and the exemption of Lot 2 from District property taxation for a specified term; THIS AGREEMENT is evidence that in consideration of the sum of ten dollars ($10.00) now paid by each party to the other and for other good and valuable consideration (the receipt of which each party hereby acknowledges) the Owner and the District each covenant with the other as follows: Condition Precedent I. This Agreement shall be subject to the satisfaction of the following condition precedent on or before the date stipulated: (a) On or before March 1, 2011 the Approving Officer of the District has approved a subdivision plan in respect of the Land generally in the form of the Proposed Subdivision Plan and that plan has been deposited in the Land Title Office and fee simple title has been raised to each of the four new parcels. This condition precedent is for the benefit of both the Owner and the District and it cannot be waived. Nothing in this Agreement commits the Approving Officer to approve the Proposed Subdivision Plan. In this Agreement, the defined term "Land" shall mean the four individual parcels into which the Land is subdivided, unless expressly stated otherwise. The date on which this condition precedent is satisfied is referred to as the "Effective Date". Conservation of the Existing Heritage Buildings 2, The Owner shall, promptly following the Effective Date, commence and complete the restoration, renovation and conservation of the Existing Heritage Buildings (the "Work") in accordance with approved plans and specifications set out in the Conservation and Feasibility Study attached as Schedule "B" to this Agreement (the "Conservation Plans") and, more particularly, as set out in Stage D: Strategies for Conserving Character Defining Elements of the Conservation Plans and Stage E: Implementation of Heritage Conservation Strategies. 3. Prior to commencement of the Work, the Owner shall obtain from the District all necessary permits and licences, including a heritage alteration permit. 4. The Work shall be done at the Owner's sole expense in accordance with generally accepted engineering and heritage conservation practices. If any conflict or ambiguity arises in the interpretation of Schedule "B", the parties agree that the conflict or ambiguity shall be 5 resolved in accordance with the "Standards and Guidelines for the Conservation of Historic Places in Canada", published by Parks Canada in 2003. 5. The Owner shall, at the Owner's sole expense, engage a member of the Architectural Institute of British Columbia or the Association of Professional Engineers and Geoscientists of British Columbia (the "Registered Professional") to oversee the Work and to perform the duties set out in section 6 of this Agreement. 6. The Owners shall cause the Registered Professional to: (a) prior to commencement of the Work, provide to the District an executed and sealed Confirmation of Commitment in the form attached as Schedule "C" to this Agreement; (b) erect on the Land and keep erected throughout the course of the Work, a sign of sufficient size and visibility to effectively notify contractors and tradespersons entering onto the Land that the Work involves protected heritage property and is being carried out for heritage conservation purposes; (c) throughout the course of the Work, effectively oversee the work of all contractors and tradespersons and inspect all materials leaving and arriving at the site to ensure that the Work is carried out in accordance with the Conservation Plans; (d) obtain the District's approval for any changes to the Work, including any amended permits that may be required; (e) upon substantial completion of the Work, provide to the District an executed and sealed Certification of Compliance in the form attached as Schedule "D" to this Agreement; and (f) notify the District within one (1) business day if the Registered Professional's engagement by the Owner is terminated for any reason. Variations to District's Zoning Bylaw 7. District of Maple Ridge Zoning Bylaw No. 3510, 1985 (the "Zoning Bylaw"), is varied and supplemented in its application to the Land and the Existing Heritage Buildings in the manner and to the extent provided in the table attached as Schedule "E" to this Agreement. Timing of Restoration 8. The Owner shall commence and complete all actions required for the completion of the Work in accordance with this Agreement within 12 months following the Effective Date. Heritage Designation 9. The Owner hereby irrevocably agrees to the designation of those portions of the Land containing the Existing Heritage Buildings as municipal heritage sites in accordance with section 967 of the Local Government Act, and releases the District from any obligation to compensate the Owner in any form for any reduction in the market value of the Land or those portions of the Land that may result from the designation. G Ongoing Maintenance 10. Following completion of the Work, the Owner shall maintain the Existing Heritage Buildings and the Land in good repair in accordance with the maintenance standards set out in Maple ridge Heritage Site Maintenance Standards Bylaw No. 6710-2009. Damage to or Destruction of the Existing Heritage Buildings 11. If one or more of the Existing Heritage Buildings is damaged, the Owner shall obtain a heritage alteration permit and any other necessary permits and licences and, in a timely manner, shall restore and repair the damaged Existing Heritage Building to the same condition and appearance that existed before the damage occurred. 12. If, in the opinion of the District, a Existing Heritage Building is completely destroyed and the Owner wishes to construct a replacement building on the Land, such replacement building must be constructed in compliance with the Zoning Bylaw, in a style that is acceptable to the District and substantially similar to that of the destroyed Existing Heritage Building, after having obtained a heritage alteration permit and all other necessary permits and licences. 13. The Owner shall use its best efforts to commence and complete any repairs to the Existing Heritage Buildings, or the construction of any replica or replacement buildings, with reasonable dispatch. Tax Exemption Conditions 14. The grant of a five (5) year District property tax exemption to the registered owner of that portion of the Land described as "Lot 2" on the Proposed Subdivision Plan, as set out in section 2.3 of Heritage Revitalization Agreement and Tax Exemption Bylaw 6709-2009 pursuant to which the District has entered into this Agreement, is subject to the following conditions: (a) all items agreed to within this bylaw must be met; (b) any other fees and charges related to "Lot 2" due to the District of Maple Ridge are paid in full. (c) the property owner is not in contravention of any other District of Maple Ridge bylaw. 15. If any condition set out in section 14 above is not met to the satisfaction of the District, acting reasonably then the Owner must.pay to the District the full amount of tax exemptions received, plus interest, immediately upon written demand. Interpretation 16. In this Agreement, "Owner" shall mean the registered owner of the Land or a subsequent registered owner of the Land, as the context requires or permits. Conformity with District Bylaws 17. The Owner acknowledges and agrees that, except as expressly varied by this Agreement, any development or use of the Land, including any construction, restoration and repair of the Existing Heritage Buildings, must comply with all applicable bylaws of the District. Heritage Alteration Permits 18. Following completion of the Work in accordance with this Agreement, the Owner shall not alter the heritage character of the Existing Heritage Buildings, except as permitted by a heritage alteration permit issued by the District. Statutory Authority Retained 19. Nothing in this Agreement shall limit, impair, fetter or derogate from the statutory powers of the District, all of which powers may be exercised by the District from time to time and at any time to the fullest extent that the District is enabled. Indemnity 20. The Owner hereby releases, indemnifies and saves the District, its officers, employees, elected officials, agents and assigns harmless from and against any and all actions, causes of action, losses, damages, costs, claims, debts and demands whatsoever by any person, arising out of or in any way due to the existence or effect of any of the restrictions or requirements in this Agreement, or the breach or non-performance by the Owner of any term or provision of this Agreement, or by reason of any work or action of the Owner in performance of its obligations under this Agreement or by reason of any wrongful act or omission, default, or negligence of the Owner. 21. In no case shall the District be liable or responsible in any way for: (a) any personal injury, death or consequential damage of any nature whatsoever, howsoever caused, that be suffered or sustained by the Owner or by any other person who may be on the Land; or (b) any loss or damage of any nature whatsoever, howsoever caused to the Land, or any improvements or personal property thereon belonging to the Owner or to any other person, arising directly or indirectly from compliance with the restrictions and requirements in this Agreement, wrongful or negligent failure or omission to comply with the restrictions and requirements in this Agreement or refusal, omission or failure of the District to enforce or require compliance by the Owner with the restrictions or requirements in this Agreement or with any other term, condition or provision of this Agreement. No Waiver 22. No restrictions, requirements or other provisions of this Agreement shall be deemed to have been waived by the District unless a written waiver signed by an officer of the District has first been obtained, and without limiting the generality of the foregoing, no condoning, excusing or overlooking by the District on previous occasions of any default, nor any previous written waiver, shall be taken to operate as a waiver by the District of any subsequent default or in any way defeat or affect the rights and remedies of the District. Inspection 23. Upon request, the Owner shall advise or cause the Registered Professional to advise the District's Planning Department of the status of the Work, and, without limiting the District's power of inspection conferred by statute and in addition to such powers, the District shall be entitled at all reasonable times and from time to time to enter onto the Land for the purpose of ensuring that the Owner is fully observing and performing all of the restrictions and requirements in this Agreement to be observed and performed by the Owner. Breach of Agreement 24. Without limiting section 15 or any other provision of this Agreement, in the event that the Owner is in breach of any of its obligations under this Agreement, the Owner agrees that the variations to the Zoning Bylaw, as described in Schedule "F", shall be of no further effect, and the otherwise applicable provisions of the Zoning Bylaw respecting the use of the Land, or the provisions of any replacement bylaw, shall apply. Notice 25. The District may notify the Owner in writing of any alleged breach of this Agreement and the Owner shall have thirty (30) days to remedy the breach. In the event of any disagreement by the Owner as to the existence of a breach, the Owner shall immediately notify the District and the matter shall be determined by a panel comprising: (a) the Owner if the Owner is a natural person, or the president of the Owner if the Owner is a corporation or society, or one of the Owners if the Owners are joint tenants or tenants in common; (b) the Mayor of the District; and (c) a third person selected by the other panel members. 26. The panel shall determine its own procedures to resolve this matter, the determination of the panel shall be binding on the parties, .and the Owner and the District shall each bear an equal share of the costs of the third person incurred in the determination of the matter. Headings 27. The headings in this Agreement are inserted for convenience only and shall not affect the interpretation of this Agreement or any of its provisions. Appendices 28. All appendices to this Agreement are incorporated into and form part of this Agreement. Number and Gender 29. Whenever the singular or masculine or neuter is used in this Agreement, the same shall be construed to mean the plural or feminine or body corporate where the context so requires. Successors Bound 30. All restrictions, rights and liabilities herein imposed upon or given to the respective parties shall extend to and be binding upon their respective heirs, executors, administrators, successors and assigns. A Severability 31. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remainder of this Agreement. IN WITNESS WHEREOF the Owner and the District have executed this Agreement on the dates set out below. Signed, Sealed and Delivered by MICHAEL REG WHIELDON in the presence of: Name Ad d ress Occupation Date The Corporate Seal of DISTRICT OF MAPLE RIDGE was hereunto affixed in the presence of: Mayor: Corporate Officer: Date MICHAEL REG WHIELDON C/S � E ti 0 N Y.f o� 12, V'� N 'q ¢m o U !In 0 ftq �V� 5 V a \pw v� o v J z 'ON 9Aaas,98 URPUI 1,9lbUo7 �ti,,�•n�o''t�k ® I� r iv I a �aa4S LaZ I$ a IU n o R J mrt oroa 8 ssrci 8 � � a o 5i nF o °J I E 90 G U � I �K m � L1S1a�j. 00 OF � 8 I U i 008! U� is m R y c v E w w ro N p O. V C � c a N u c c E O. 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V E o° o A • O d O ba C U '0_A .G J 00 O O c y O r D O L �i J i .� 4� �' J Q— F o v v C,aN pOp O O w«Cpx V U N VC 0p0 , -0Cc, a W - O L Y k L C 2 — y p p J r V �- r V L C i J c v p= u 2 C) y N U b t v i '° bA nr. � DC b :X' bA 0.0 Os C ti 0 — 'a n C C 'n p m 0 C E O C ti ro O r O O U O L O O C - c o c o c c c o c° c c u u u 0-6 ^ 0 0 0 c C O '> c C 3 c O 3 c O 3: C 3 c O 3 c O 3 c O •9 �b ib � � R ti r T °u « u 3 u° 0 0 o c c 11i _ r c L c A c c C O a _ O - n a^ o v , n o o u v a c o u —0 a o a o d a c T v .•= va o � . _ > c > c > c U Om O� O O O o O'� O 3 _ o c _ oA c .-• `o b2 - CO C c L� N O v 'bC N O C N L L C S C y •�+ GJ C C L in U C O tp C. w fu• C =. � O cc oA c 7-1 iO I" c O c _ X - O m v v C �' � ` ✓ Cl bA p v � C O L U N QI O C U L e v CJ v - v c O p Y � C a v Y � � v _ ro . - c `ac o d Y — F C C Y C 9 C O O ` G > � o c o c 0 c 0 a°� O O O O C oc O O _ w b u m 5 C c; C C v C C •^ O O O v � rJ z o � u w v m zf c. o c v - o v cc cj j e cj Y c Y t 3 x � v da `w = v c E a a L 9 p p v 02 u c w y o 2 y N c , U a o O Z: N !, (\} 7/] \ \ \ \\\ \ \ ƒ \L \ \\ \}\ 10} \ 6 t \ C 5 �_ \ 5 ( \t/\P \ >7 - \/{ ©{\\\\ ff}±&/ #=z»et Gaz SCHEDULE C CONFIRMATION OF COMMITMENT BY OWNER AND COORDINATING REGISTERED PROFESSIONAL This letter must be submitted before issuance of a Heritage Alteration Permit or a building permit. To: THE DISTRICT OF MAPLE RIDGE (the authority having jurisdiction) Re: THE MILLER RESIDENCE Address Legal Description The undersigned has retained as a coordinating registered professional with experience in heritage conservation to coordinate the design work and field reviews of the registered professionals required' for this heritage project. The coordinating registered professional shall coordinate the design work and field reviews of the registered professional required for the project in order to ascertain that the design will substantially comply with the Miller Property Conservation and Feasibility Study, the Standards and Guidelines for the Conservation of Historic Places in Canada, the B.C. Building Code, and other applicable enactments respecting safety, not including the construction safety aspects. For this project, field reviews are defined as those reviews of the work: a) at a project site of a development to which a Heritage Alteration Permit relates, and b) at fabrication location where building components are made that will.replace deteriorated materials identified as character -defining elements for this project. That a registered professional in his or her professional discretion considers necessary to ascertain whether the work substantially complies in all material respects with the plans and supporting documents prepared by the registered professional and with the Heritage Designation and Revitalization and Tax Exemption Agreement Bylaw No. 6709-2009, for which the Heritage Alteration Permit is issued. The owner and the coordinating registered professional have read the Miller Property Conservation and Feasibility Study and the Standards and Guidelines for the Conservation of Historic Places in Canada. The owner and the coordinating registered professional each acknowledge their responsibility to notify the addressee of this letter of the date the coordinating registered professional ceases to be retained by the owner before the date that the coordinating registered professional ceases to be retained or, if that is not possible, then as soon as possible. The coordinating registered professional acknowledges the responsibility to notify the addressee of this letter of the date a registered professional ceases to be retained before the date the registered professional ceases to be retained or, if that is not possible, then as soon as possible. It is the responsibility of the coordinating registered professional to ascertain which registered professionals are required. The owner and the coordinating registered professional understand that where the coordinating registered professional or a registered professional ceases to be retained at any time during construction, work on the above project will cease until such time as: a) a new coordinating registered professional or registered professional, as the case may be, is retained, and b) a new letter in the form set out in Schedule C in the Heritage Designation and Revitalization and Tax Exemption Agreement Bylaw No. 6709-2009, is filled with the authority having jurisdiction. The undersigned coordinating registered professional certifies that he or she is a registered professional as defined in the British Columbia Building Code, who also has experience with heritage conservation projects and agrees to coordinate the design work and field reviews of the registered professionals required for the project as outlined in the attached plans and specifications. Coordinating Registered Professional Owner Name (Please Print) Address Phone {!*rolessiunal's Seal and Signature} Date Name (Please Print) Address Name of Agent or Signing Office (if applicable) Date Owner's or Owners appointed agent's signature (if owner is a corporation the signature of a signing officer must be given here. If the signature is that of the agent, a copy of the document that appoints the agent must be attached.) (if the coordinating registered professional is a member of a finn, please complete the following) I am a member of the firm and I sign this letter on behalf of the firm. SCHEDULE D CERTIFICATION OF COMPLIANCE This letter must be submitted after substantial completion of the project but prior to final inspection by the authority having jurisdiction. TO: THE DISTRICT OF MAPLE RIDGE (the authority having jurisdiction) RE: Discipline (e.g. Architectural, Engineering etc.) (Print) Name of Project (Print) Address of Project (Print) Legal Description of Project (Print) (Each registered professional shall complete the following: Name (Print) Date Address (Print) Phone I hereby give assurance that: Fraressional's Scal and?ijnnvlm-%t a) I have fulfilled my obligations for field review as outlined in Section 6 of the Heritage Designation and Revitalization and Tax Exemption Agreement Bylaw No. 6709-2009 and the attached Schedule C, Confirmation of Commitment by Owner. b) I am a registered professional as defined in the British Columbia Building Code. (if the registered professional is a member of a firm, complete the following:) I am a member of the firm and I sign this letter on behalf of the firm. SCHEDULE E VARIATIONS TO THE MAPLE RIDGE ZONING BYLAW NO.3510-1985 PERMITTED THROUGH HERITAGE DESIGNATION AND REVITALIZATION AND TAX EXEMPTION AGREEMENT BYLAW NO.6709-2009 The variances identified in this Schedule E to the Heritage Designation and Revitalization and Tax Exemption Agreement Bylaw No. 6709-2009 apply to and only to those lands within the District of Maple Ridge described below and any and all buildings, structures, and other development thereon: PID: 009-797-530 Lot 1, Section 4, Township 15, New Westminster District, Plan 13294 Through the Heritage Revitalization Agreement, the RS-3 (One Family Rural Residential) zone regulations shall apply to the property noted above, with the following exceptions: • Part 6 Residential Zones, 601, A, Permitted Uses of Land, Buildings, and Structures, shall be amended as follows: o The uses for Lot #2 (as shown on the attached plan) will be expanded to include an artist studio/gallery, a professional office, and/or a bed and breakfast. • Schedule "D", item 2, shall be amended as follows: o Where a community water system, as defined in the Zoning Bylaw, is not provided upon subdivision, the minimum lot size for the Lot #1 (as shown on the attached plan) shall be not less than 1.79 hectares. . These variations to the Zoning Bylaw will be permitted upon full execution and subsequent registration in the Land Title Office of the Heritage Designation and Revitalization and Tax Exemption Agreement Bylaw 6709-2009. CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6710 - 2009 A bylaw to establish minimum maintenance standards for protected heritage properties WHEREAS, pursuant to section 970 of the Local Government Act, Council may establish minimum standards for the maintenance of real property that is designated as protected by a heritage designation bylaw, or within a heritage conservation area; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge enacts as follows: Citation 1. This Bylaw may be cited for all purposes as "Maple Ridge Heritage. Maintenance Standards Bylaw No. 6710 - 2009". Definitions 2. In this Bylaw: (a) graffiti has the meaning set out in District of Maple Ridge Regulation of Untidy and Unsightly Premises Bylaw No. 6533, 2007, as amended; (b) heritage alteration permit means a permit issued under section 972 of the Local Government Act (British Columbia); (c) heritage property means real property located in the District of Maple Ridge that is: (i) designated as protected by a heritage designation bylaw; or (ii) within a heritage conservation area, and includes buildings, structures and other improvements affixed to the land; (d) heritage revitalization agreement means an agreement made under section 966 of the Local Government Act (British Columbia). Purpose 3. A heritage property requires a reasonable level of maintenance to be effectively retained. The purpose of these maintenance standards is to ensure that significant deterioration does not jeopardize the life of a building. Owner's Responsibility 4. The maintenance of a heritage property is the responsibility of the owner. The owner may need to obtain a heritage alteration permit, building permit or other approval from the District, depending on the extent and type of maintenance work to be done. Page 1 of 3 Maintenance of Heritage Property 5. Every owner of a heritage property shall maintain the property in good repair. Every owner of heritage property shall preserve all original exterior and interior materials of that property until such time as a material has deteriorated to the point where it can no longer serve its purpose. When replacement of a deteriorated material is necessary, the owner shall replace that material with another material that is the same or very similar to the original material in type, form, texture, size, colour, and method of installation. 6. Upon completion by the owner of any work required in a heritage revitalization agreement, the owner shall maintain that work to the conservation standards set out in the heritage revitalization agreement. Weather and Infestation 7. Every owner of a heritage property shall maintain the property so as to reasonably prevent, or effectively retard, damage from the elements. This includes, but is not limited to, preventing water penetration and, excessive damage to materials from wind, sun and infestations. Exterior Finish Materials 8. Every owner of a heritage property shall maintain every building on the property as necessary to protect exterior finish materials, and shall ensure that new exterior colours and colour placements are in keeping with the period and style of the building. 9. Every owner of a heritage property shall remove graffiti using removal techniques that minimize damage to exterior finish materials. Structural Integrity 10. Every owner of a heritage property shall maintain all buildings located on the property and their structural members in good repair and in a manner that provides sufficient structural integrity so as to sustain safely the weight of the building and any additional loads and influences to which it may be subjected through normal use. Extended Periods of Disuse 11. Any building located on a heritage property that is left unoccupied for 15 to 45 days shall be secured by the owner at all points of entry to minimize the potential for vandalism and theft, and the owner or a person known to the owner shall check on the property at least every 3 days. 12. Any building located on heritage property that is left unoccupied for.46 days or longer shall be secured by the owner at all points of entry and the owner shall post a sign (available free of charge from the District Planning Department) on the property that reads as follows: PROTECTED HERITAGE SITE No Vandalism or Removal of Materials Maximum Individual Penalty: $50,000 and 2 years imprisonment Page 2 of 3 In addition to the above, when a heritage property is left unoccupied for 46 days or longer, the owner shall ensure that all windows are covered to prevent window breakage and other acts of vandalism, to the satisfaction of the Maple Ridge Fire Chief and the Manager of Building Services. Enforcement 13. Failure by an owner to comply with these minimum maintenance standards for heritage properties may result in an application by the District to the Supreme Court of British Columbia for compliance or restoration under Section 979 of the Local Government Act (British Columbia). 14. Every person who violates or contravenes any provision of this bylaw or who suffers, permits or causes any act or thing to be done in contravention of any provision of this bylaw, is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding $2,000. Every day a violation continues is deemed to be a separate offence. Severability 15. If any section of this Bylaw is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the remaining portions of the Bylaw. READ A FIRST TIME this day of 2010. READ A SECOND TIME this day of 2010. READ A THIRD TIME this day of 2010. ADOPTED this day of , 2010. PRESIDING MEMBER CORPORATE OFFICER Page 3 of 3 DEVELOPMENT APPLICATION CHECKLIST FOR FILE RZ/078/09 File Manager: Jen Csikos Official Community Plan or Zoning Bylaw Amendments: RECEIVED NOT REQUIRED 1. A completed Application Form (Schedule W - Development Procedures Bylaw No. 5879-1999) ® ❑ 2. An application fee, payable to the District of Maple Ridge, in accordance with Development Application Fee Bylaw no. 5949-2001. ® El 3. A Certificate of Title and Consent Form if the applicant is different from the owner shown on the Certificate of Title. ❑ 4. A legal survey of the property(ies) 5. Subdivision plan layout ❑ 6. Neighbourhood context plan El 7. Lot grading plan ❑ 8. Landscape plan- ® ❑ 9. Preliminary architectural plans including site plan, building elevations, accessory off-street parking and general bylaw compliance reconciliation'+. These items may not be required for single-family residential applications These items may be required for two-family residential applications, as outlined in Council Policy No. 6.01 DISTRICT OF MAPLE RIDGE Agenda Item: 1101 Council Meeting of: January 12, 2010 1. That Bylaw No. 6707-2009 be given first reading and be forwarded to Public Hearing; and 2. That the following terms and conditions be met prior to final reading: i. Approval from the Ministry of Transportation; ii. Registration of a Rezoning Servicing Agreement including the deposit of security as outlined in the Agreement; iii. Road dedication as required; iv. Consolidation of the development site; V. Removal of the existing buildings; vi. Registration of a Restrictive Covenant protecting the Visitor Parking. (RZ/078/09, 22525, 22515, 22505, 22491 Brown Avenue - to rezone from RS-1 [One Family urban Residential] to RM-2 [Medium Density Apartment Residential] to permit construction of a four -storey, wood frame, 77 unit residential apartment building) CARRIED DEFEATED DEFERRED TO: _ Chief Administrative Officer ACTION NOTICE Executive Director _ Gen Mgr - Corporate & Financial RCMP Fire Chief Mgr - Accounting Chief Information Officer _ Q'en Mgr - Public Works & c_ Dir-Planning Dir - Licenses, Permits & Municipal Engineer — Mgr - Corporate and Development En Dir - Engineering Operations Gen Mgr - Com. Dev. & Rec. Services Dir - Parks & Facilities Dir - Recreation Dir - Community Services "Ernie Daykin" Clerk's Section Corporate Officer Property & Risk Manager Lynn Marchand Tana Dalton Amanda Allen IL _ /Tracy Camire 7( Amanda Gaunt ., Karen Kaake Z MAYOR The above decision was made at a meeting of the Municipal Council held on the date noted above and is sent to YOU for notation and/or such action as may be required by your Department. January 12 2010L'::� Date Corporate Officer DISTRICT OF MAPLE RIDGE Deep Roots Greater Heights TO: His Worship Mayor Ernie Daykin DATE: December 15, 2009 and Members of Council FILE NO: RZ/078/09 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: First Reading Maple Ridge Zone Amending Bylaw No.6707-2009 22525, 22515, 22505, 22491 Brown Avenue EXECUTIVE SUMMARY: An application has been received to rezone the subject property from RS-1 (One Family Urban Residential) to RM-2 (Medium Density Apartment Residential), to permit the construction of a four - storey, wood -frame, 77 unit residential apartment building. This application is in compliance with the Official Community Plan. RECOMMENDATIONS: 1. That Zone Amending Bylaw No. 6707-2009 be given first reading and be forwarded to Public Hearing; and 2. That the following terms and conditions be met prior to final reading. i. Approval from the Ministry of Transportation; ii. Registration of a Rezoning Servicing Agreement including the deposit of security as outlined in the Agreement; iii. Road dedication as required; iv. Consolidation of the development site; v. Removal of the existing buildings; vi. Registration of a Restrictive Covenant protecting the Visitor Parking; DISCUSSION: a) Background Context: Applicant: Maclean Homes -Josh Maclean Owner: MacLean Homes (Brown Road Ltd). Legal Description: Lot: 11, 12, 13, 14 all of Section: 20, Township:.12, Plan: 8679 OCP: Existing: Low Rise Apartment Proposed: Low Rise Apartment Zoning: Existing: RS-1 (One Family Urban Residential) Proposed: RM-2 (Medium Density Apartment Residential) Surrounding Uses North: Use: Single Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Medium and High-rise Apartment South: Use: Commercial Zone: C-3 (Town Centre Commercial) Designation: Town Centre Commercial East: Use: Two -Family Residential Zone: RT-1 (Two Family urban Residential) Designation: Medium and High-rise Apartment West: Use: Vacant, Single Family Residential, Multi -Family Residential Zone: RS-1(One Family Urban Residential), RM-2 (Medium Density Apartment Residential) Designation: Medium and High-rise Apartment Existing Use of Property: Vacant Proposed Use of Property: Multi -Family Residential Site Area: 3504 m2 (0.87 acre) Access: Vehicular access from rear lane, main pedestrian access from corner of Edge Street and Brown Avenue Servicing: Full Urban Companion Applications: DP/116/07, VP/116/07 BACKGROUND: This project was the subject of a previous rezoning application (RZ/116/07). Council considered this rezoning application at a Public Hearing held on June 17, 2008 and granted 2nd and 3rd reading on June 24, 2008 to Maple Ridge Zone Amending Bylaw No. 6544-2008. Development Procedures Bylaw No. 5879-1999 states that rezoning applications will be closed one year following the date of third reading of the Zone Amending Bylaw unless the applicant has received an extension from Council. The proponent was notified about the impending closure and -2- was given the option to extend. No extension request was received, therefore, Zone Amending Bylaw No. 6544-2008 expired and rezoning file RZ/116/07 was closed. With minor amendments to the internal unit structure of the proposed apartment building, RZ/078/09 is a re -application of the same project. b) Project Description: The subject site is currently 4 separate lots, two of which are vacant and two that contain single family dwellings. The site has two street frontages, Edge Street and Brown Avenue with a lane located at the rear (north) of the site. Application RZ/078/09 proposes to rezone the properties located at 22491, 22505, 22515, 22525 Brown Avenue from RS-1 (One Family Urban Residential) to RM-2 (Medium Density Apartment Residential) to permit the construction of a four storey apartment building containing 77 units. The site is located within the Town Centre Area. The apartment units range in size and include a mix of studio, one and two bedroom units, with and without dens. The building is a four storey wood frame apartment structure over a one storey concrete basement parking level. An access ramp to the underground resident parking is located at the west side of the building off the lane. As per the Off -Street Parking and Loading Bylaw No. 4350- 1990, the project requires 86 parking spaces, all of which are supplied in the underground parking garage, including the 8 required visitor parking spaces. The proposed materials for the building are cultured stone at the base of the building with earth tone Hardie Plank siding with timber and cedar shingles as accent materials. This project takes advantage of the lot by featuring a prominent entrance at the corner of Edge Street and Brown Avenue with the rest of the building facing Brown Avenue. The proponent opted to have the highest turret as the feature element at the entranceway to try to emphasize the corner with a canopy covering the entrance along with lower turrets and balconies along the road frontage. Design elements will be discussed in more depth in the Development Permit report. c) Planning Analysis: Official Community Plan: The property is currently designated Low -Rise Apartment of the North View Precinct in the Town Centre Area. Plan in the Official Community Plan. The RM-2 (Medium Density Apartment Residential) zone correlates with this designation. The Low -Rise Apartment use is intended for development in a three to five storey apartment form where units are accessed from an internal corridor and residential parking is provided underground. This project meets this criteria as it is four storeys in form, units are accessed from an internal corridor on each floor and parking is provided for underground. Both Edge Street and Brown Avenue are identified in the Town Centre Area Plan, Figure 1 - Multi - modal Transportation network, as part of the Connective Pedestrian Network. This network is intended to provide pedestrian -friendly linkages outside of the Civic Core and should be designed to enhance the pedestrian experience with separated sidewalks on both sides of the street, street trees and the potential for wayfinding signage. Additionally, Brown Avenue is part of the Bicycle -3- Network. The Bicycle Network may have dedicated bicycle lanes, where feasible, or shared arrow markings in street travel lanes to clearly identify bicycle routes to motorists, cyclists, and pedestrians. The Engineering Department will be reviewing these guidelines with the proponent at the time civil drawings are being finalized. ZoningBylaw: Part 6, Section 604(6)(a) states that all apartment and accessory residential buildings shall be sited not less than 7.5 metres from all property lines. The proposed building as submitted will require the approval of a Development Variance Permit. The development meets the 7.5 m rear yard setback to the east and exceeds the 7.5 m side yard setback to the north. In an attempt to create a more engaged street frontage and increase the amount of usable open space on the north side of the property, the building is sited slightly southeast on the lot facing Brown Avenue and Edge Street. As such, a Development Variance Permit application has been received to vary the exterior side lot line and the front lot line which will be discussed in a future report to Council. Development Permits: As per Section 8.11 of the Official Community Plan, a Town Centre Development Permit is required for all new multi -family residential development in the town centre. The development proposal is located within the North View Precinct of the Town Centre Area Plan. Accordingly, prior to the issuance of a building permit, the Development Permit must be reviewed and approved. An application for the Development Permit has been received and will be the subject of a future Council report. Advisory Design Panel: The proposed project was reviewed by the Advisory Design Panel on March 11, 2008 at which time the Panel supported and commended the applicant on the quality of their presentation along with the sustainability criteria stated in the application and supported the proposed variances. A few suggestions were made to enhance the project which the applicant has received and will respond to in the Development Permit drawings. The Development Permit will be the subject of a future Council Report. Development Information Meetinr : A development information meeting on February 26, 2008 at Willow Manner Care Centre was held by staff from McLean Homes. There were seven people in attendance and 3 completed comment sheets in favour of the project. None were opposed to this development. iE d) Interdepartmental Implications: Engineering Department: The Engineering Department has identified that all of the services required in support of the rezoning do not exist to the site. It will, therefore, be necessary for the applicant to enter into a Rezoning Development Agreement and post the required security to complete the necessary works prior to final reading. CONCLUSION: The proposed apartment building is in compliance with the Town Centre Area Plan of the Official Community Plan. It is therefore recommended that application RZ/078/09 be favourably considered and be given first reading and forwarded to Public Hearing. Prepared by-. J n Cs i kos Oaping Technician Approv-ed-by. a Picken MCP, MCIP ector Jrf Plapping Approved by. �v ank Quinn, MBA, P.Eng M: Public Works & Development Services r Concurrence: J. (Jim) Rule ief Administrative Officer JC/dp The following appendices are attached hereto: Appendix A - Subject Property Appendix B - Zone Amending Bylaw No. 6707-2009 Appendix C - Building Rendering -5- LM P 43240 LMS 4011 Parcel "A" 12148 (ECRA) 305 P 46852 12155 12129 �IPP�id,x � A 1213' NWS 1688 E 1/2 11 P 7875 E P 61324 P 7875 24 6 7 8 b 9 r 0 10 • N N N N N m m P 1161 121 AVE. N N r Cn 121 AU N SUBJECT PROPERTIES (V 0 0 120B0 N N N N A N q N N17 N N19 20 10 N 11 N N 12 N 1 N2 N 3 LMP 34533 P 6 12085 co m N P 843 a P 80 1 LMP 44378 12080 ¢ P 79P 08i P 843 L1,2063/65 B Lu 2064P 34533 a 9 c 15 14 13 12 11 9 8 7 6 5 4 LL In 12060 EL corn N N o N N N N /62 N N N N N 1 N LMP 2358 BROWN AVE. ai BR w c7 RP 79869 w N O00 N N N 4 d 5 6 LOT A 5 j 2033 P I IOBI (P9687) *LMP1821 I o Rem. 302 M P 45004 0o 003 12/09 12018 LMP 19460 P co P 9687 CL Q co 303 A 2 7 e P, P 44882 G N o_ CD *PP094 cm N N N N DEWDNEY TRUNK ROAD 30 998 P 67041 ^ 0 1 ^ rn A EP 11502 a P 60451 N N O N N N N °M 103 N Rem. Rem. CP E a Rem. P 49778 N West 1 P 4076 LMP 46699 Municipal Hall 118 117 3 Rem. BMcI F 11995 P 60562 NWS 2403 Feet 4 MoIfJTOSH 11955/65 � N Feet 407614 w N ¢ A RCMP 2 CD 4 N ¢ tt990 t1696 Z coOP 63 u_ City of Pitt j Meadows -�Ajr l 1 22491, 22505/15/25 BROWN AVENUE o CORPORATION OF 19 THE DISTRICT OF N - MAPLE RIDGE ' District of 1 ' n••n i I PLANNING DEPARTMENT Langley SCALE 1:2,000 `• -�� —Ia '� ; DATE: Nov 24, 2009 FILE: RZ/078/09 BY: PC —� ERASER R. A}fe d%x A CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6707-2009 A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 - 1985 as amended. WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6707-2009." 2. Those parcels or tracts of land and premises known and described as: Lot 11, Section 20, Township 12, New Westminster District Plan 8679 Lot 12, Section 20, Township 12, New Westminster District Plan 8679 Lot 13, Section 20, Township 12, New Westminster District Plan 8679 Lot 14, Section 20, Township 12, New Westminster District Plan 8679 and outlined in heavy black line on Map No. 1468 a copy of which is attached hereto and forms part of this Bylaw, are hereby rezoned to RM-2 (Medium Density Apartment Residential) 3. Maple Ridge Zoning Bylaw No. 3510 -1985 as amended and Map "A" attached thereto are hereby amended accordingly. . READ a first time the day of , A.D. 200. PUBLIC HEARING held the day of , A.D. 200. READ a second time the day of , A.D. 200. READ a third time the day of , A.D. 200. APPROVED by the Minister of Transportation this day of , A.D. 200. RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 200. PRESIDING MEMBER CORPORATE OFFICER 61324 � �i P 87 5 a r i a_i 6 7 g 9 10 121 AVE,CN 10.1 ❑ ry� kZ- tt ry ?2080 20.1 A 17 �18 �19 20 10 11 2 20.1 CD 00P P 8679 12095 8 81 se) LMP 44378 —U 72080 /65 � P 679 P 8081 533 CIO p2064 o 0 15 14 13 12 11 9 8 7 9 a, ❑ n, 12060 N 10 4 hr ry /62 N !O �359 o� BROWN AVE.. RP ?98691-1� o� 30148. (LEASE) ' LP 698i '? `� 4 5 L 0 a_ �, 1.904 ho i2038 p 8081 LP KI Rem. 302 h'i 6.1 P 45004 /�, 201� LMP 19460 P j � 20.1 303 Liig Q0 P 44882 1' co *PP094 a RP 69394 DEWDNEY TRUNK ROAD P 70955 1 20.0 MAPLE RIDGE ZONE AMENDING Bylow No. 6707-2009 Map No. 1468 From: RS-1 (One Family Urban Residential) To: RM-2 (Medium Density impartment) 1:1500 Atli• � �• !'7 .X,:' �i.. �: ;. - •fie. 7 � - ��_. � .� -'tea � � � b, •+� - � f � ^�f �`y-� .. •- _;?: _°� -- a ,� _���'* lei 1-! ---�� -i� •� • ��� ��. + I •� LP Np- r- � I I� `I •,- � lit ��-y J "ki Zvi Jill :�j I•� -- � ` _ ,, •���. 71 4 41 a47�>: DEVELOPMENT APPLICATION CHECKLIST FOR FILE RZ/022/09 File Manager: Rasika Acharya Official Community Plan or Zoning Bylaw Amendments: RECEIVED NOT REQUIRED I. A completed Application Form (Schedule "A" - Development Procedures Bylaw No. 5879-1999) ® ❑ 2. An application fee, payable to the District of Maple Ridge, in accordance with Development Application Fee Bylaw no. 5949-2001. ® ❑ 3. A Certificate of Title and Consent Form if the applicant is different from the owner shown on the Certificate of Title. ® ❑ 4. A legal survey of the property(ies) 5. Subdivision plan layout 6. Neighbourhood Context plan 7. Lot grading plan EJ 8. Landscape plan'+ 9. Preliminary architectural plans including site plan, building elevations, accessory ❑ off-street parking and general bylaw compliance reconciliation'+. These items may not be required for single-family residential applications + These items may be required for two-family residential applications, as outlined in Council Policy No. 6.01 Preliminary Geotechnical Report - Valley Geotechnical Engineering Services Ltd Environmental Assessment - Golder & Associates Arborist Report - Arbotech Consulting Ltd Wild Fire Management Report - Diamond Head Consulting Ltd. J. DISTRICT OF Agenda Iter 1103 MAPLE RIDGE Council Meeting of: January 26, 2010 I. That Bylaw No. 6699-2009 be given first reading and be forwarded to Public Hearing; 2. That in accordance with Section 879 of the Local Government Act opportunity for early and on- going consultation has been provided by way of posting Bylaw No. 6699-2009 on the municipal website and requiring that the applicant host a Development information Meeting, and Council considers it unnecessary to provide any further consultation opportunities, except by way of holding a public hearing on the bylaw; 3. That Bylaw No. 6699-2009 be considered in. conjunction with the Capital Expenditure Plan and Waste Management Plan; 4. That it be confirmed that Bylaw No. 6699-2009 is consistent with the Capital Expenditure Plan and Waste Management Plan; 5. That Bylaw No. 6700-2009 be given first reading and be forwarded to Public Hearing; and 6. That the following terms and conditions be met prior to final reading: L Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of security as outlined in the Agreement; ii. Amendment to Schedule "C" of the Official Community Plan; iii. Amendment to Part VI A of the Silver Valley Figure 2 - Land Use Plan and Part VI A of the Silver Valley Figure 4 - Trails/Open Space Plan and Part VI A of the Silver Valley Figure 5 - Transportation Network Plan; IV. Registration of a Geotechnical Report as a Restrictive Covenant which addresses the suitability of the site for the proposed development; v_ Registration of a Restrictive Covenant which addresses recommendations to mitigate wild fire hazards for the proposed development; vi. Registration of a No-Build/No-Disturb Restrictive Covenant on the rear yards of all the newly created lots, including all the lands on the eastern edge forming part of Lot 21; vii. A Statutory right of way plan and agreement for the Equestrian/Horse Trail must be registered at the Land Title Office; viii. Consolidation of the development site; ix. Road dedication as required; X. Park dedication as required, including construction of walkways and Equestrian/Horse Trail. (RZ/022/09, 23300 and 23400 136 Avenue - to rezone from P,S-3 [One Family Rural Residential] to RS-1b [One Family Urban -Medium Density Residential] to permit the subdivision of 21 single family lots) CAR IED DEFEATED DEFERRED "Ernie Daykin" MAYOR TO: _ Chief Administrative Officer A TI N _ Gen Mgr - Corporate & Financial — 1�en Mgr - Public Works & Development Dir - Planning Dir - Licenses, Permits & By-laws Municipal Engineer _ Gen Mgr - Com. Dev. & Rec. Services Clerk's Section Corporate Officer Property & Risk Manager _ Diana Dalton Amanda Allen Amanda Gaunt The above decision was made at a meeting of the Municipal Council held on the date noted above and is sent to you for notation and/or such action as may be required by your Department. January 26. 2010 Date Corporate Officer Deep Roots DISTRICT OF MAPLE RIDGE Greater Heights TO: His Worship Mayor Ernie Daykin DATE: January 07, 2010 and Members of Council FILE NO: RZ/022/09 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: First Reading Maple Ridge Official Community Plan Amending Bylaw No. 6699-2009 Maple Ridge Zone Amending Bylaw No. 6700-2009 23300 and 23400 136 Avenue EXECUTIVE SUMMARY: An application has been received to rezone the subject property from RS-3 (One Family Rural Residential) to RS-1b (One Family Urban -Medium Density Residential), to permit the subdivision of 21 single family lots. This application requires an Official Community Plan amendment to Schedule "C" to define the conservation boundary of the North Alouette River and an amendment to Figures 2 & 4 of the Silver Valley Land Use Plan to change the designated open space pockets. RECOMMENDATIONS: 1. That Maple Ridge Official Community Plan Amending Bylaw No. 6699-2009 be given first reading and be forwarded to Public Hearing; 2. That in accordance with Section 879 of the Local Government Act opportunity for early and on -going consultation has been provided by way of posting Official Community Plan Amending Bylaw No. 6699-2009 on the municipal website and requiring that the applicant host a Development Information Meeting, and Council considers it unnecessary to provide any further consultation opportunities, except by way of holding a public hearing on the bylaw; 3. That Maple Ridge Official Community Plan Amending Bylaw No. 6699-2009 be considered in conjunction with the Capital Expenditure Plan and Waste Management Plan; 4. That it be confirmed that Maple Ridge Official Community Plan Amending Bylaw No. 6699- 2009 is consistent with the Capital Expenditure Plan and Waste Management Plan; 5. That Zone Amending Bylaw No. 6700-2009 be given first reading and be forwarded to Public Hearing, and 6. That the following terms and conditions be met prior to final reading. i. Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of security as outlined in the Agreement; ii. Amendment to Schedule "C" of the Official Community Plan; iii. Amendment to Part VI A of the Silver Valley Figure 2 Land Use Plan and Part VI A of the Silver Valley Figure 4-Trails/ Open Space Plan and Part VI A of the Silver Valley Figure 5-Transportation network Plan; iv. Registration of a Geotechnical Report as a Restrictive Covenant which addresses the suitability of the site for the proposed development; V. Registration of a Restrictive Covenant which addresses recommendations to mitigate wild fire hazards for the proposed development; vi. Registration of a No -Build/ No -Disturb Restrictive Covenant on the rear yards of all the newly created lots, including all the lands on the eastern edge forming part of Lot 21; vii. A Statutory right of way plan and agreement for the Equestrian/ Horse Trail must be registered at the Land Title Office: viii. Consolidation of the development site; ix. Road dedication as required; X. Park dedication as required, including construction of walkways and Equestrian/ Horse Trail. DISCUSSION: a) Background Context: Applicant: David Laird of Damax Consultants Ltd Owner: Progressive Construction Ltd Legal Description: Lot: 3; Sec: 28; TP: 12; NWD Plan: 2409; PID: 000- 490-911 and Lot: 4; Sec: 28; TP: 12; NWD Plan: 2409; PID:000-490-890 OCP: Existing: Low Density Residential, Conservation and Open Space Proposed: Medium Density Residential Zoning: Existing: RS-3 (One Family Rural Residential) Proposed: RS-1b (One Family Urban Residential -Medium Density) -2- Surrounding Uses North: Use: Road and Single Family Residential Zone: RS-3 (One Family Rural Residential) Designation Low Density Residential, Conservation, Park and Open Space South: Use: Single Family Residential Zone: CD-1-99 (Comprehensive Development) Designation: Low & Medium Density Residential, Conservation and Open Space East: Use: Vacant (District owned lands) Zone: RS-3 (One Family Rural Residential) Designation: Low Density Residential and Open Space West: Use: North Alouette River and Single Family Residential Zone: RS-3 (One Family Rural Residential) Designation: Conservation, Open Space and Eco Clusters Existing Use of Property: Proposed Use of Property: Site Area: Access: Servicing: Companion Applications: b) Site and Project Description: Vacant Single Family Residential 6.087 Hectares (15.04 acres) Balsam Street (to be built with approval of subdivision on the south through SD/001/09) Full Urban SD/022/09 and DP/022/09 (Watercourse Protection Development Permit) The subject site consists of two vacant lots located south of 1361h Avenue in the Silver Valley area and will require consolidation. The North Alouette River flows along the western boundary of the property. In general the site slopes down from east to west with steeper grades on the eastern and western edges of the property. Due to these steep sloped areas the rear yards of all the lots will have a "No -Build & No -Disturb Covenant". 21 single family lots in the RS-1b (One Family Urban Residential -Medium Density) zone have been proposed. Access to the proposed single family subdivision is through Balsam Street to be extended through a subdivision proposed on the south of subject sites, expected to be completed soon. This street generally bisects the property into the eastern upper lots and the western lower lots. The majority of the site has deciduous and coniferous trees and a substantial part (3.66 hectares) is proposed to be dedicated as "Park" to protect these. An unofficially existing Equestrian Trail runs west of the proposed lots 1-9 connecting the property on the south and 136th Avenue on the north. The applicant has agreed to register a Statutory Right - Of -Way document and plan to permit continued use of this trail by the Haney Horsemen, until the park dedication plan has been registered. -3- The applicant has submitted a preliminary Geotechnical Report dated January 30, 2009 by Valley Geotechnical Engineering Services Ltd; an Environmental Assessment Report dated February 26, 2009 by Golder Associates; an Arborist Report dated March 26, 2009 by Arbotech Consulting Ltd; Wild Fire Management Plan reports dated August 26 and November 09, 2009 by Diamond Head Consulting Ltd. The Geotechnical and Environmental setbacks have been established and the reports conclude that the proposed site is.safe for the development of 21 single family lots. c) Planning Analysis: Official Community Plan: The development site is within the Silver Valley Area Plan which forms part of the Official Community Plan. The development of Silver Valley is based on principles associated with achieving a complete community with good pedestrian linkages. Within the Silver Valley Area Plan, the subject site falls outside the Forest Hamlet (east of 236th Street) and is designated "Conservation", "Low Density Residential" and "Open Space". The proposed single family designation lines up with the Official Community Plan designation and the proposal in general must comply with the Silver Valley Area Plan policies. Some of the development principles outlined in the Official Community Plan that support this proposal are stated below: Principle 3.2.2 of the Silver Area Plan states the following: • Plan for a linked park and open space system that responds to recreational needs of the community and visitors; • Maximize the multiple use of trails and greenway corridors by providing for and accommodating all users and patterns of use • Promote patterns and forms of development that allow for retention of existing mature trees and vegetation; • Maintain or improve fish habitat through an adaptive approach to establishing creek buffers; The subject sites have small pockets designated as "Open Space" in the Silver Valley Area Land Use Plan. Open' spaces in the Silver Valley Area Plan are meant to be linked through developments to form a network of greenways throughout Silver Valley. Specific to this site, the open space requirement will be satisfied through a dedication of up to 60% of the land area for park with a multi -purpose trail facilitating pedestrian and equestrian linkage through the site. Part VI A of the Silver Valley Figure 2- Land Use Plan and Part VI A of the Silver Valley Figure 4-Trails/ Open Space Plan will need to be amended to reflect this. Part VI A of the Silver Valley Figure 5-Transportation network Plan will need to be amended to reflect the proposed road network changes. The environmentally sensitive area around North Alouette River will be protected to retain existing mature .vegetated areas and improve habitat through park dedication. An amendment to Schedule "C" of the Official Community Plan is required to define the conservation boundary of the North Alouette River. ME Zoning Bylaw: The RS-1b (One Family Urban Residential - Medium Density) zone requires a minimum lot area of 557 m2; a minimum lot width of 15 metres and a minimum lot depth of 27 metres. The proposed 21 single family lots are greater than 557 m2 and comply with the minimum width and. depth required for each lot. Proposed variances: Any rezoning application is expected to upgrade all off -site servicing including roads. Particular to the location of this site, the 136th Avenue segment north of the subject sites is anticipated to remain an unopened road due to the existing excessive grades. A variance has been proposed to retain 136th Avenue in the current condition. A variance to the front yard setbacks of all the proposed lot has been requested. The required front yard setback for the RS-1b (One Family Urban Residential - Medium Density) zone is 6.0 metres and the proposed setback is 4.0 metres. The setback variance has been requested to allow for a pedestrian -friendly streetscape and to resolve grading concerns in the rear yards. This request will be the subject of a later report. Development Permits: Due to its proximity to the North Alouette River and due to the existing topography, this application will be subject to a Watercourse Protection Development Permit. AdvisoryDesign Panel: This proposal is not required to be reviewed by the Advisory Design Panel. Development Information Meeting: On November 17, 2009 the applicant and team of consultants held the "Development Information Meeting' at the Yennadon Elementary School at 23347 1281h Avenue from 4:45 p.m. to 6:45 p.m. As per Council Policy 6.20, invitations were mailed to qualifying property owners, advertisements were placed in the local paper and a notice was attached to the development sign on site. All the proposed drawings and the Silver Valley Area Plan were displayed for all interested residents. This meeting was attended by approximately 20 people with the following comments: • Representatives from the Haney Horsemen attended the meeting and had questions about the Horse Trail upgrading and connection through this site to 136th Avenue. The applicant confirmed that a Statutory Right -of Way document for the Horse Trail connection will be registered on title as an interim measure until park dedication occurs, as the Horse Trail will be within the dedicated "park" area. The Haney Horsemen are in support of this proposal which will facilitate a well built trail connection through the subject site. -5- • Some questions were raised about tree protection and the applicant explained that only trees within the roadway and developed portions of the lot will be removed and that a substantial portion of the subject site will be dedicated as "park" with re -vegetation and enhancement works. It was suggested by a participant that evergreen trees instead of deciduous trees should be planted along the roadways. The applicant suggested that there could be root damage problems affecting the driveways and sidewalks hence a better solution may be to plant evergreen trees within the newly created lots. • Some residents were concerned with the impact of flooding due to increased run off from this project. The applicant confirmed that each proposed lot will have an Infiltration Covenant registered on title and a Storm Water Management Plan worked out prior to subdivision approval. • Some questions were raised about the connectivity of surrounding lands such as the proposed development on the south and the District -owned lands on the North and East of subject sites and the over-all future traffic generated. • There appeared to be no major objections for the proposal; attendees were pleased to note that this application will provide an Equestrian Trail connection and park area. The meeting ended at the scheduled time. d) Interdepartmental Implications: En ineering Department: The Engineering Department reviewed the proposal and determined that all the required off -site services do not exist. The deficient services which are required to be provided through a Rezoning Servicing Agreement include the following: All off -site upgrades including road upgrades, sidewalk, sanitary sewer, storm sewer, water main, street trees, etc. Road dedication of the triangular road - right -of -way at the southeast corner of the site is required for the 136th connector. Parks & Leisure Services Department: The Parks & Leisure Services Department have identified that after the subdivision is completed they will be responsible for maintaining the street trees. In the case of this project total number of street trees will be estimated at the final subdivision design stage. The Manager of Parks & Open Space has advised that the maintenance requirement of $25.00 per new tree will increase their budget requirements. The Equestrian Trail right-of-way plan has been reviewed by the Parks & Leisure Services Department staff and they support it. Fire Department: Several policies in the Official Community Plan emphasize the importance of maintaining safe and secure communities through fire protection. Policy 4-26 states "Maple Ridge will continue to provide fire protection services to maintain a safe and secure community, in accordance with the Fire Department Master Plan". The details of both the Fire Management System and the Fire Protection Plan were presented to Council in June 2007, and Council adopted the recommendations contained within the plan in principle, pending a detailed implementation plan. Policy 5-18 states "Maple Ridge will review the issues concerning forest fire interface areas, flooding, slope stability and other Ia hazards and will consider developing or revising regulations and guidelines for development within these areas". A report on implementation process is anticipated to be presented to Council for approval in the near future. In the interim, all developments within the wild fire hazard area will be required to implement mitigation measures to minimize fire spread through a restrictive covenant. Policy 5-19 of the Official Community Plan states "The following should be considered in evaluating development to minimize forest interface hazards: a) the siting of development and construction practices that will not contribute to forest fire risk exposure in forest interface areas; b) the selection of appropriate building materials and maintenance practices that will minimize contribution to the spread of fire; c) the use of landscaping that minimizes contribution to the spread of fire". The subject site is identified within the wild fire hazard area and needs to consider mitigation measures to minimize fire spread. Based on the above mentioned Official Community Plan policies a "Wild Fire Management Plan study report" has been submitted for this site. The intent of the report is to assess interface fuels in the wildfire hazard areas; to recommend site -specific fuel treatments and suppression capabilities and to recommend suitable building and landscape materials that will minimize the wildfire hazards. The Fire Department has reviewed the proposal along with the preliminary Wild Fire Management Plan report and recommends that appropriate measures be implemented to reduce wild fire risk. A restrictive covenant will be registered on title as stated under recommended conditions prior to final reading and will deal with siting, building materials and landscaping. e) Intergovernmental Issues: Local Government Act: An amendment to the Official Community Plan requires the local government to consult with any affected parties and to adopt related bylaws in compliance with the procedures outlined in Section 882 of the Act. The amendment required for this application, 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. f) Environmental Implications: Approximately 60% of the land will be dedicated as park for conservation purposes. A Watercourse Protection Development Permit will be required for this proposal which will include enhancement, restoration and re -vegetation work within the setback areas. An "Enhancement and Protection Agreement" outlining refundable securities to complete works and maintenance for 5 years will be registered on title prior to approval of the Watercourse Protection Development Permit. The final subdivision plan will be approved upon registration of ,the Watercourse Protection Development Permit on title. -7- CONCLUSION: The proposal is for a single family neighbourhood surrounded by conservation area and good pedestrian connectivity through the multi -purpose trial. It promises adequate restoration and enhancement works including dedication of 60% of the land as "park" and a north -south Equestrian Trail connection from the property on the south of subject sites. It fits well with the neighbourhood and complies with the policies of the Silver Valley Area Plan of promoting complete neighbourhoods with good pedestrian linkages. It is recommended that this application proceed to Council for First Reading and Public Hearing subject to conditions noted above. Prepared by: Rasika Ac arya, B-Arch, M-Tech, UD, LEED®AP Planner, , Approved . Jan ickerin P, MCIP Dire or Plan g Approved by: Fink Quinn, MBA, P.Eng M. Public Works & Development Services Concurrence: J. L. (Jrn) Rule Chief Administrative Officer RA/dp The following appendices are attached hereto: Appendix A - Subject Map Appendix B - OCP Amending Bylaw 6699-2009 Appendix C - Zone Amending Bylaw 6700-2009 Appendix D - Proposed Subdivision Plan ME Appendix A IT.9 N 200' 9 d P 26077 29 d 4 136 AVE. P 2409 P 2409 3 JJ 4 I SUBJECT PROPERTIES l 26 P 20636 {LMP 45C l PAR N l 23300 & 23400 136 AVENUE 5 LMP 4k I CORPORATION OF N THE DISTRICT OF MAPLE RIDGE PLANNING DEPARTMENT V P/022/09 Appendix B CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6699-2009 A Bylaw to amend the Official Community Plan WHEREAS Section 882 of the Local Government Act provides that the Council may revise the Official Community Plan; AND WHEREAS it is deemed desirable to amend Section 10.3 Part IV - Silver Valley Area Plan, Figures 2, 3B and 4 of the Official Community Plan; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending Bylaw No. 6699-2009 2. Figures 2 and 3B are hereby amended for those parcels or tracts of land and premises known and described as: Lot 3 Section 28 Township 12 Plan 2409 New Westminster District. And Lot 4 Section 28 Township 12 Plan 2409 New Westminster District. and outlined in heavy black _line on Map No. 787, a copy of which is attached hereto and forms part of this Bylaw, are hereby redesignated as shown. 3. Figure 4 is hereby amended for those parcels or tracts of land and premises known and described as: Lot 3 Section 28 Township 12 Plan 2409 New Westminster District. And Lot 4 Section 28 Township 12 Plan 2409 New Westminster District. and outlined in heavy black line on Map No. 788, 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 , A.D. 200 . PUBLIC HEARING HELD the day of , A.D. 200. READ A SECOND TIME the day of , A.D. 200. READ A THIRD TIME the day of , A.D. 200. RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 200. MAYOR CORPORATE OFFICER Appo-1i,r 8 . 200' 9 q, 3 930 he, 0 d ❑. 2.023 he. 2.023 DP 79495 — — 136 AVE. 240 P 9 5 9 Z.9 ha- 2.023 a. 2.023 h u-r d 7PARK 1,720 he, P6077 26 29 ) MAPLE RIDGE OFFICIAL_ COMMUNITY PLAN AMENDING Bylaw No. 6699-2009 Map No. 787 From: Low Density Urban, Open Space and Conservation To: Conservation Med/High Density Residential MAPLE British Columbia 1:2500 A p i?x �3 N 200' 9 T 4 3 .930 hc. p O d a_ 2.023 ha. 2.023 i EP 79495 136 AVE. P 2409 P 2409 � L 2.023 ha. ¢ 5 � 3.921 ha. 2.023 h it7 f000 0_ PA LM 1.720 ha. BCP 42355 PARK P 26077 26 0.619 ha. MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING Bylaw No. 6699-2009 Map No. 788 PURPOSE: TO ADD TO CONSERVATION ON FIGURE 4 1:2500 Appendix C CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6700-2009 A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 -1985 as amended. WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6700-2009." 2. Those parcels or tract s of land and premises known and described as: Lot 3 Section 28 Township 12 Plan 2409 New Westminster District. And Lot 4 Section 28 Township 12 Plan 2409 New Westminster District. and outlined in heavy black line on Map No. 1465 a copy of which is attached hereto and forms part of this Bylaw, are hereby rezoned to RS-1b (One Family Urban (Medium Density) Residential) 3. Maple Ridge Zoning Bylaw No. 3510 -1985 as amended and Map "A" attached thereto are hereby amended accordingly.. READ a first time the day of , A.D. 200. PUBLIC HEARING held the day of , A.D. 200. READ a second time the day of , A.D. 200. READ a third time the day of , A.D. 200. APPROVED by the Minister of Transportation this day of , A.D. 200. RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 200. PRESIDING MEMBER CORPORATE OFFICER A-P.&.dix `c N 200' 9 4 3 .930 ha, O 2.023 ha. 2.023 EP 79495 136 AVE. P 2409 P 2409 3 4 5 3.921 ha. 2.023 ha. 2.023 n u'} Q_ 000 PA tM 1.720 ha. BCP 42355 PARK P 26077 26 0.619 ha. 29. MAPLE RIDGE ZONE AMENDING Bylaw No. 6700-2009 Map No. 1465 From: RS-3(One Family Rural Residential) To: RS-1 b(One Family Urban(medium density) Residential) Q6Q Appendix D Qo 8• F s- .......... r e s pM1 w� y ^� asp - 8 Balsam Street s i lh .'.a .1E _ z k+ � o0 ash e � E o W �3 m z J 0-06tte 0 DEVELOPMENT APPLICATION CHECKLIST FOR FILE RZ/085/08 File Manager: Jen Csikos Official Community Plan or Zoning Bylaw Amendments: RECEIVED NOT REQUIRED 1. A completed Application Form (Schedule "A" - Development Procedures Bylaw No. 5879-1999) 2. An application fee, payable to the District of Maple Ridge, in accordance with Development Application Fee Bylaw no. 5949-2001. 3. A Certificate of Title and Consent Form if the applicant is different from the owner shown on the Certificate of Title. 4. A legal survey of the property(ies) 5. Subdivision plan layout El E 6. Neighbourhood context plan 7. Lot grading plan 8. Landscape plan- 9. Preliminary architectural plans including site plan, building elevations, accessory off-street parking and general bylaw compliance reconciliation'+. These items may not be required for single-family residential applications + These items may be required for two-family residential applications, as outlined in Council Policy No. 6.01 Additional reports rovided: Stage 1: Preliminary Site Investigation DISTRICT OF MAPLE RIDGE Agenda Item: 1102 Council Meeting of: January 26, 2010 1. That Bylaw No. 6703-2009 be given first 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 security as outlined in the Agreement; ii. Registration of a geotechnical report as a Restrictive Covenant which addresses the suitability of the site for the proposed development; Road dedication as required; iv. Removal of the existing buildings and structures; V. Registration of a Restrictive Covenant protecting the Visitor Parking. (RZ/085/08, 13260 236 Street - to rezone from RS-3 [One Family Rural Residential] and RS-2 [One Family Suburban Residential] to RM-1 [Townhouse Residential] to permit a 51 unit townhouse development) CA IED DEFEATED DEFERRED "Ernie Daykin" MAYOR TO: _ Chief Administrative Officer ACTION NOTICE Executive Director _ Gen Mgr - Corporate & Financial RCMP Fire Chief Mgr - Accounting Chief Information Officer _ Gen Mgr - Public Works & Development Dir - Planning Ile Dir-licenses,_Permits,&By-laws Municipal Engineer Mgr - Corporate and Development �n Dir - Engineering Operations _ Gen Mgr - Com. Dev. & Rec. Services Clerk's Section Corporate Officer Property & Risk Manager Lynn Marchand _ Diana Dalton ✓ Amanda Allen _ Tracy Camire Amanda Gaunt Karen Kaake The above decision was made at a meeting of the Municipal Council held on the date noted above and is sent to you -for notation -and/or -such -action as may -be required-by you r-Department.-- January 26 2010 r �� Date Corporate Officer DISTRICT OF MAPLE RIDGE Deep Roots Greater Heights TO: His Worship Mayor Ernie Daykin DATE: January 7, 2010 and Members of Council FILE NO: RZ/085/08 FROM: Chief Administrative Officer ATTN: C of W SUBJECT: First Reading Maple Ridge Zone Amending Bylaw No.6703-2009 13260 236 Street EXECUTIVE SUMMARY:. An application has been received to rezone the subject property from RS-3 (One Family Rural Residential) and RS-2 (One Family Suburban Residential) to RM-1 (Townhouse Residential), to permit an approximate 51 unit townhouse development. This application is in compliance with the Silver Valley Area Plan of the Official Community Plan. RECOMMENDATIONS: 1. That Zone Amending Bylaw No. 6703-2009 be given first 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 security as outlined in the Agreement; ii. Registration of a geotechnical report as a Restrictive Covenant which addresses the suitability of the site for the proposed development; iii. Road dedication as required; iv. Removal of the existing buildings and structures; V. Registration of a Restrictive Covenant protecting the Visitor Parking. DISCUSSION: a) Background Context: Applicant: Owner: Wilson Chang, MAIBC Amarjit S Samra Surinder K Dhanoa, Surinder S Dhillon 1102 Legal Description: Lot: 21, Section: 28, Township: 12, Plan: 47603 OCP: Existing: Medium High Density Residential Zoning: Existing: RS-3 (One Family Rural Residential), RS-2 (One Family Suburban Residential) Proposed: RM-1(Townhouse Residential) Surrounding Uses North: Use: Single Family Residential Zone: R-1(Residential District) Designation Medium / High Density Residential South: Use: Single Family Residential Zone: RS-2 (One Family Suburban Residential) Designation: Medium / High Density Residential East: Use: Single Family Residential Zone: RS-2 (One Family Suburban Residential) RS-3 (One Family Rural Residential) Designation: Medium / High Density Residential West: Use: Single Family Residential Zone: RS-2 (One Family Suburban Residential) RS-3 (One Family Rural Residential) Designation: Medium / High Density Residential Existing Use of Property: Proposed Use of Property: Access: Servicing: Site Area: Companion Applications: b) Project Description: Single Family Residential Multi -Family Residential 236 Street Full Urban 1.221 HA (3 ac) DP/085/08 The site is approximately 3 acres in size. The applicant is requesting to rezone the entire property from RS-3 (One Family Rural Residential) and RS-2 (One Family Suburban Residential) to RM-1 (Townhouse Residential) to permit the development of approximately 51 townhouses. Access to the proposed townhouse site is at the southern end of the site off 236 Street. The access has been designed as a separated double access to ensure that vehicles can enter and exit the complex at the same time without interference from each other. -2- The townhouse complex has been designed with duplex units facing 133 Avenue to respect the single family development across the street. Each street facing unit has a pedestrian pathway from the street to the front door, and garages at the rear, to maintain a consistent streetscape. Housing blocks of 4 face 236 Street, with more dense blocks of 5 units internal to the development. All townhouse units have been designed with a double garage which meets the parking standards of the Maple Ridge Off -Street Parking and Loading Bylaw No. 4350 - 1990. This project is also required to have 11 visitor parking spaces and 12 visitor stalls have been incorporated into the project design. To meet the RM-1 (Townhouse Residential) zoning regulations, the project is also proposing a large common activity area in the centre of the development with children's playground equipment. c) Planning Analysis: Official Community Plan: The development site is within the Silver Valley Area Plan which forms part of the Official Community Plan. The subject property is located just outside of the 400m defined "River Village" hamlet boundary which is intended to be the main Commercial centre in the Silver Valley Plan. The property is designated Conservation and Medium/High Density Residential. The RM-1 (Townhouse Residential) zone positively correlates with this designation. The RM-1 (Townhouse Residential) zone also provides a transition in density between the single family developments to the north, to the more dense developments intended for the hamlet centre. Zoning B law: The proponent will require a development variance permit for the development as proposed. Variances necessary to support the development include a reduction to the required setbacks for the primary building face along the front and exterior side road frontages for consistency with the lots across the street, interior side setback to allow for the exterior patio areas, and to increase the building height allowed under the RM-1 (Townhouse Residential) zone. These variances will be outlined in a future report to Council. Development Permits: This development is subject to a Multi -Family Residential Development Permit as outlined in section 8.7 of the Official Community Plan. Accordingly, prior to the issuance of a building permit, the Development Permit must be reviewed and approved. The purpose of a Multi -Family Residential Development Permit is to enhance existing neighbourhoods with compatible housing styles that meet diverse needs and minimize potential conflicts on neighbouring land uses. An application for the Development Permit has been received. Adherence of this project to the guidelines of this permit will be provided for Council in a future report. -3- Advisory Design Panel: This application was originally presented to ADP at the April 14, 2009 meeting. The applicants at that time had requested a preliminary review by ADP and discussion to guide them towards evolving a more detailed design scheme. The final design was brought back to the Advisory Design Panel at the October 13, 2009 regular meeting at which time the Design Panel supported the application. A few suggestions were made to enhance the project which the applicant has received and will respond to in the Development Permit drawings. The Development Permit will be the subject of a future Council Report. Development Information Meeting: A development information meeting on Wednesday, January 6, 2010 at Yennadon School Library was held by the developer and representatives from the builder. As per Council Policy 6.20, invitations were mailed to qualifying property owners, advertisements were placed in the local paper and a notice was attached to the development sign on site. Twenty-four (24) people signed in on the attendance sheet and four comment sheets. The Development Information Meeting summary provided by the applicant is attached as Appendix D. Additional concerns expressed were: • The address on the sign is incorrect The address on the sign has been confirmed as being correct • There is insufficient off -site services to support further density A rezoning servicing agreement is a requirement of final reading to bring all required off site -services up to current bylaw standards, including curb, gutter, sidewalk and street lighting. • Provision of multi -use trails The OCP outlines that an East-West connection for a multi -use trail is on 132 Avenue, one block south of the proposed project. • Density is too high for neighbourhood The proposed RM-1 (Townhouse Residential) zoning respects the Silver Valley Area plan and provides a transition in density from single family to the north and the hamlet centre to the southwest. d) Interdepartmental Implications: Engineering Department: The Engineering Department has identified that all of the services required in support of the rezoning do not exist to the site. It will, therefore, be necessary for the applicant to enter into a Rezoning Development Agreement and post the required security to complete the necessary works prior to final reading. -4- Parks & Leisure Services Department: The Parks & Leisure Services Department have identified that after the subdivision is completed they will be responsible for maintaining the street trees. In the case of this project it is estimated that there will be additional trees added to the street tree inventory. The Manager of Parks & Open Space has advised that there is maintenance requirement of $25.00 per new tree which will affect their operating budget. Fire Department: The Fire Department has no concerns with this development proposal and is supportive of the separated double access. CONCLUSION: The development proposal is in compliance with the land use designation of the Silver Valley Area Plan. It is therefore recommended that first reading be given Maple Ridge Zone Amending Bylaw no. 6703-2009 and it be forwarded to Public Hearing. Prepared by: J sikos la ning Technician App oved J Pick g, GP, MCIP Director oolan_jng _ Approved by. F nk Quinn, MBA, P.Eng M: Public Works & D pment Services Concurrence: J L. (Jim) Rule hief Administrative Officer JC/dp The following appendices are attached hereto: Appendix A - Subject Map Appendix B - Zone Amending Bylaw 6703-2009 Appendix C - Site Plan Appendix D - Development Information Meeting Summary -5- 6 13390 13360 5 13370 4 13360 3 13350 2 BCS 577 13336/40 �15218 A 12 Appendix A .581° v 19 11 fi ry eb�y 20 10 `.9 ,�y 1 u 15 21 rye. my 22 6 23 9 ry�0 24 18 ry 8 ,y'1 ti 6 13a 111 ry�by 25 ry, ry�R� 7 ry4ti �n$ 4 5 133 ry 7'p �9Y� ` 94T �c A27 y.Qsr�'SR 4 10 133 17 5 ry�RA9 9; ry^rP � � . ^ t B 29 4 7.3131 133 ry 16IS �� Tye 3 g ry 15 ,�'• ,�'� 30 3 Zg741 133 71 14 13 a"$ i 2 31 V736 2 23742 23743 139 a 6 1 2 3 5 6 7 8 9 0 11 23se7 32 2 1 23745 123 ^ 2369i 33 246 23747 5' SUBJECT PROPERTY ? 2�697 1' 3 4 13' RP 1804A j E 133AVE Rem. Pd. C PA 131 5 /3 a N 21 l3 P 925 oo 1a 13245 U 4 38 39 P 47603 m 13F 5 P 409 13: 0 13260 � 23 24 a ` y wC 13: �Y 35 N P 47 03 m 7 . 32 33 13' A a PP159 13227 m 8 CV 22 20 13: n m 13215 9 34 13 PP157 N H N O y9 ;EP 637 m 1 165 1105 137 P2637 E A District of , r-- Pitt Meadows --� _..;�Vv,,,� ; 13260 236 STREET Lb i o CORPORATION OF j o THE DISTRICT OF MAPLE RIDGE N _ _ .. Ate- District Of A, � i _ i -� I 1 PLANNING DEPARTMENT Langley SCALE 1:2,500 DATE: Sep 18, 2008 FILE: RZ/085/08 BY: PC giver � Appendix B CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO.6703-2009 A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 -1985 as amended. WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6703-2009." 2. That parcel or tract of land and premises known and described as: Lot 21 Section 28 Township 12 Plan 47603 New Westminster District. and outlined in heavy black line on Map No. 1467 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to RM-1(Townhouse Residential) 3. Maple Ridge Zoning Bylaw No. 3510 -1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the day of , A.D. 200. PUBLIC HEARING held the day of , A.D. 200. READ a second time the day of , A.D. 200. READ a third time the day of , A.D. 200. RECONSIDERED AND FINALLY ADOPTED, the PRESIDING MEMBER day of , A.D. 200. CORPORATE OFFICER 13375 n y63� 20 4 �6�� 21 ti5 acP i109 9 13360 a122 gP� Z 51�� 8 \ / 3 b° 23 9 69 F �9 7 133502 1 8 �� 8g1 y5 4 b0 BCS 1577 Zj6 �6 spr Z 49 Z'? $ 1 13336/40 13 6� "�f z56 5�� a z�15 4 17 Zi 6g a ry�6 Z51Z 3731 *,6� 16 �66� ti" 1 2 377 3 15 566$ 1 1� 30 3 p3741 4 13� 1� 12 IL 31 p}�3 2 I a g o 1 T 2358r `23 4 2374; 1 2 3 4 6 y 7 y o n 23745 w w b e b w a 2369132 2.i747 N N N N ry h h ry N ry 23G97 1 3 218 RP 1804A Rem. PCi. C A 1.484 ho � N h 21 N 13245 38 39 P 47603 1.222 ha. P 40 78 0.785 ha. 0.785 ha. 73260 35 P 4 603 32 33 V) N 0.429 ha. 13227 10 N *PP159 0.429 ha. cN 22 20 r 13215 o.ao5 ha. 0.405 ho. a 34 N N *PP157 e N h 0.429 ho. N N 133 AVE. PAR K ri I B P 48925 1.214 ho. cD rn M 23 24 a 0.845 ha. 1.205 ha. I. A 0.809 ha. ' y N N h b O n U P 2637 ti N Rem 1 MAPLE RIDGE ZONE AMENDING Bylaw No. 6703-2009 . Map No. 1467 From: RS-3(One Family Rural Residential) and RS-2(One Family Suburban Residential) To: RM-1 (Townhouse Residential) 1:2500 Appendix C r ;�4 E W a W a^ N �p Z ] 33i g U Q LL W O N W ?$oaR d — � W O - 8 W W W cNj Q N 41 i€a i s rGK0 3"IN, 69 ££ � j-mrrrt.TT] VS. 716rn [ �rj r6rar [;yd ors Eor Es axi w9 .� let gg OU L I I E I � o •! 'T ;- .. W14 - n ti Oil N zqi r l 1 gp •I N ` II Y w9� ��' _ J w,- [,9L W0I- E 0� it Eli p j gp I g �ii I I I• y I I � w g ill wso',, was [ c-9f] nsa u [ A-,9f] WBl'tt [,OOI] W94'Of G, ] t I C- q7.1 Oile 9l 17B` [,O6Z] W6f'B9 RZ/085/08 Townhouse Development 13260 236 Street, Maple Ridge Appendix D Wilson Chang Architect Inc. MAIBC architecture + online collaboration To: Planning Department, District of Maple Ridge Re: Development Information Meeting for 13260 236 Street January 7th, 2010 DEVELOPMENT INFORMATION MEETING SUMMARY, RZ/085/08 hypertects.com t 604.630.9488 f 604.630.9487 A development information meeting was held at the Yennadon Elementary, 23347 -128th Avenue, Maple Ridge on Wednesday, January 6, 2010 from 6 pm to 8.30 pm regarding the residential development at 13260 236 St, Maple Ridge, File #: RZ/085/08. The meeting was attended by a group of approximately 30 people of which 24 signed in the attached attendance list. Wilson Chang and Peter Martin from Wilson Chang Architect opened the meeting welcoming the attendees. Wilson encouraged the people to sign in the provided attendance list and fill out the provided comments sheets. Mr. Chang continued with a presentation of the proposed development including project analysis, neighbourhood context, and site planning and building design. After the presentation the attendees were encouraged to express their comments and concerns on the proposed development. One goal is to create a Whistler Village -like townhouse development that people can safely walk within the community. The major comments and concerns: 1. The proposed density is too high. Wilsons Respond: The project follows Maple Ridges Official Community Plan. 2. Existing infrastructure is not enough to support the additional population. Wilsons Respond: The project and its future residence generate more tax dollars for City and therefore provide opportunities for better infrastructure and facilities. 3. Effect to existing lifestyle related to proposed building types, street parking, and crime Wilsons Respond: Through better construction (stone and timber) and planning (park space, separated safe pedestrian access), the project encourages quality density. Density can be a solution to many social issues, the key lies in its quality. Page 01 I Development Information Meeting summary Wilson Chang Architect Inc. MAIBC