HomeMy WebLinkAbout2012-06-19 Public Hearing Meeting Agenda and Reports.pdfDistrict of Maple Ridge
PUBLIC
HEARING
June 19, 2012
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,June 19,
2012 to consider the following bylaws:
1a)MAPLE RIDGE ZONE AMENDING BYLAW NO. 6838-2011
PURPOSE:To Amend the Maple Ridge Zoning Bylaw No. 3510-1985 as follows:
a)PART 2 INTERPRETATION, is amended by the addition of the following definition
in correct alphabetical order:
“Hobby Beekeeping use means the keeping, owning, or maintaining of up to
two (2) bee hives on a residential property occupied by the beekeeper or as
an educational use in an institutional setting”.
b)PART 4, GENERAL REGULATIONS, SECTION 402 REGULATIONS FOR PERMITTED
USES OF LAND, BUILDINGS & STRUCTURES is amended by the addition of the
following subsection in correct numerical order:
(12) Hobby Beekeeping Use
Where permitted a Hobby Beekeeping use is subject to the following provisions:
a)A maximum of two (2) hives per property shall be permitted;
b)Bee Hives for a Hobby Beekeeper use shall be located to the rear of the
principal building on the lot:
c)Hives must:
(i)be raised a minimum of 2.5 metres above grade; or
(ii)be behind a solid fence or hedge a minimum of 2.0 metres in height
located parallel to an adjacent property line and extending a
minimum of 6.0 metres horizontally beyond the hive in either
direction,
(iii)be oriented with the hive entrance facing towards the centre of the
property.
c)PART 6, RESIDENTIAL ZONES, Section 601, Subsection A. PERMITTED USES OF
LAND, BUILDINGS AND STRUCTURES is amended by the addition of the following
after Detached Garden Suite Use
“Hobby Beekeeping Use RS-1 RS-1a RS-1b RS-1c RS-1d RS-2 RS-3 SRS” (subject
to Section 402)
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2)RZ/066/07
MAPLE RIDGE ZONE AMENDING BYLAW NO. 6881-2011
LEGAL:Lot 6, Section 20, Township 15, New Westminster District,Plan 12094
LOCATION:12355 McNutt Road
FROM:RS-3 (One Family Rural Residential)
TO:RS-2 (One Family Suburban Residential)
PURPOSE:To permit future subdivision into two lots.
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3a)2011-065-RZ
MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING BYLAW NO. 6843-2011
LEGAL:Lot A, Section 3, Township 12, New Westminster District,Plan 8296
LOCATION:24426 102 Avenue
PURPOSE:To amend Schedule “B” of the Official Community Plan to include the
property within Urban Area Boundary, to add to the Albion Area Plan,and to
remove the “Starred Property”designation (as shown on Map 811)
PURPOSE:To amend Schedule “B” of the Official Community Plan
(as shown on Map 831)
FROM:Medium Density Residential
TO:Conservation
PURPOSE:To amend Schedule “C” of the Official Community Plan to add to
Conservation (as shown on Map 832)
Map No. 811
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Map No. 831
Map No. 832
5
3b)2011-065-RZ
MAPLE RIDGE ZONE AMENDING BYLAW NO. 6844-2011
LEGAL:Lot A, Section 3, Township 12, New Westminster District,Plan 8296
LOCATION:24426 102 Avenue
FROM:RS-3 (One Family Rural Residential)
TO:R-3 (Special Amenity Residential District)
PURPOSE:To permit the future subdivision of 30 residential lots.
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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 June 7 to June 19,2012,Saturdays, Sundays and Statutory Holidays
excepted. Some of this information will also be posted on the District website www.mapleridge.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@mapleridge.ca ,by 4:00 p.m., June 19, 2012.
All written submissions and e-mails will become part of the public record.
Dated this 7th day of June, 2012.
Ceri Marlo
Manager of Legislative Services
DISTRICT OF Agenda Item: 1101
MAPLE RIDGE Council Meeting of: May 8, 2012
1. That Bylaw No. 6838-2011, to permit hobby beekeeping, be given first and second Reading
and forwarded to Public Hearing; and
2. That Bylaw No. 6839-2011 for the keeping of bees be given first, second, and third Reading.
(to allow hobby beekeeping and to allow for the keeping of bees)
“Ernie Daykin”
CARRIED DEFEATED DEFERRED MAYOR
ACTION NOTICE
TO: __ Chief Administrative Officer
__ Executive Director ___________________________________________________
__ Mgr – Strategic Economic Initiatives ___________________________________________________
__ Mgr – Sustainability & Corp Planning ___________________________________________________
__ Mgr – Communications ___________________________________________________
__ Gen Mgr – Corporate & Financial ___________________________________________________
__ RCMP ___________________________________________________
__ Fire Chief ___________________________________________________
__ Mgr - Accounting ___________________________________________________
__ Chief Information Officer
__ Gen Mgr – Public Works & Development___________________________________________________
_ Dir - Planning _Prepare PH package_________________ _______________
__ Dir - Licenses, Permits & Bylaws ___________________________________________________
__ Municipal Engineer ___________________________________________________
__ 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 ___________________________________________________
Amanda Allen _Notification________________________________________
__ Tracy Camire ___________________________________________________
Amanda Gaunt 3rd reading June 26
__ 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.
May 8, 2012
Date Corporate Officer
1.
"original signed by Ceri Marlo"
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District of Maple Ridge
TO: His Worship Mayor Ernie Daykin MEETING DATE: April 30, 2012
and Members of Council FILE NO:
FROM: Chief Administrative Officer ATTN: CoW
SUBJECT: First and Second Reading
Zone Amending Bylaw No. 6838-2011
First, Second and Third Reading
Hobby Beekeeping Regulation Bylaw No. 6839-2011
EXECUTIVE SUMMARY:
At the September 12, 2011 Council Workshop meeting, Council reviewed proposed zoning bylaw
amendments that recommended permitting Hobby Beekeeping in residential and institutional zones.
At the meeting, Council made the following resolutions:
That School District No. 42 be requested to provide input on the bylaws pertaining to hobby
beekeeping and that feedback be brought back to Council prior to the finalization of the
bylaw amendments.
That the Maple Ridge Agricultural Advisory Committee assemble educational material
pertaining to urban beekeeping to accompany the hobby beekeeping bylaw.
In response, the School District stated the following
The Senior Management Team has met regarding this issue and it was determined that due
to the numerous concerns regarding the health and safety of the students and staff, School
District No. 42 would not be interested in supporting this matter.
On April 2, 2012, concerns were expressed by a Ministry of Environment Conservation Officer during
a presentation to Council about the Wildlife Interface Management Strategy. These concerns
included attracting dangerous wildlife, particularly bears, to properties where beehives were present.
As a result, feedback was obtained from the Ministry of Agriculture to address these concerns.
This memo provides a recommended direction for permitting this use in residential areas. The
suggested approach is to include the amendment prior to completion of the Zoning Bylaw review. A
separate but related regulation bylaw, pertaining to the care of bees, is proposed to proceed
independently, to receive Final Reading concurrently with the Zoning Bylaw amendment.
RECOMMENDATION:
1. That Zone Amending Bylaw No. 6838-2011, to permit hobby beekeeping, be given First and
Second Reading and forwarded to Public Hearing; and
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2. That Maple Ridge Hobby Beekeeping Regulation Bylaw No. 6839-2011 for the keeping of
bees be given First, Second, and Third Reading.
DISCUSSION:
a) Background Context:
In response to a citizens request, Council referred the concept of beekeeping in urban areas to the
Agricultural Advisory Committee. The request along with detailed research materials was reviewed
and discussed by the Agricultural Advisory Committee. The Committee’s review concluded that
beekeeping in urban areas is an acceptable use, and advised Council to proceed with the
preparation of the appropriate bylaws.
b) Discussion:
Literature on the issue tends to support urban beekeeping. It is noted that urban environments with
diverse plant species are particularly well suited to sustaining bee populations, which are becoming
threatened globally. Due to the perceived benefits of beekeeping, and the concerns associated with
their inclusion into denser urban settings, it is recommended that amendments be made to the
Zoning Bylaw that would maximize the benefits of beekeeping and mitigate potential conflicts this
use may have in an urban setting.
Provincial Context - Bee Act
All beekeepers in British Columbia must comply with the Bee Act. Administered by the Ministry of
Agriculture and Lands, the Bee Act promotes disease control in bees. It provides for a system of
registration of beekeepers, authorization of inspectors, and the appointment of qualified persons
(beemasters) to oversee maintaining healthy hives.
Lower Mainland Context
Urban (hobby) beekeeping has been explored and is permitted by other municipalities in the Lower
Mainland, including the City of Burnaby, the City of Vancouver, the City of North Vancouver, the
District of North Vancouver, the City of West Vancouver, and the City of New Westminster. None of
the municipalities polled have expressed any nuisance complaints with this use. The City of New
Westminster has had a bylaw in operation since 2000, and all of the municipalities that
subsequently allowed this use have adopted bylaws based on the New Westminster bylaw, as it
appears to address all potential sources of conflict while providing significant community benefits.1
Generally, the municipal bylaws share the following aspects:
Maximum of two (2) hives per property allowed
Located at the rear of the property
Hives oriented so that the front of the hive faces away from adjacent property dwellings
Locate either 2.5m above the ground or behind a solid fence or hedge a minimum of 1.83m
(6') tall
Minimum parcel sizes or siting requirements that would prohibit this use on parcels of less
than 581 meters2 (6000 feet2)
Beekeepers shall keep the hives well maintained, healthy and reasonably prevent swarming
Provide water for the needs of the apiary
1 The City of Pitt Meadows has also recently allowed beekeeping within urban areas. Their approach differs
from other municipalities in that for residential properties it is based on parcel size, not zoning.
3
The main nuisance complaint around beekeeping is generally associated with bee droppings. This
concern is kept in check by the limit of 2 hives per property. Potential conflicts from bee-human
interactions are minimized by the siting requirements as stated in these bylaws. As noted, these
bylaws are highly successful in all municipalities. It therefore appears appropriate for the District of
Maple Ridge to also consider allowing these uses in urban areas. The proposed bylaw is attached to
this report.
Community Concerns
Although no complaints were noted when municipalities were polled, some concerns around this use
have previously been raised. These concerns included attracting bears, resident concerns about bee
stings, and nuisance effects of abandoned hives. These concerns can be mitigated by the proposed
siting and care requirements as proposed in the Zoning Bylaw amendments and in the proposed
regulation bylaw pertaining to this use. It is noted that most concerns around bee stings stem from a
confusion between honey bees and hornets (wasps). Hornets or wasps are more likely to sting, and
are often a nuisance for those dining outside.
Ministry of Environment
At the April 2, 2012 Council Workshop meeting, Conservation Officer Denny Chrétien presented the
Wildlife Interface Management Strategy, an initiative of the Ministry of Environment.
Officer Chretien spoke to the goal of the Conservation Officer Service in having communities realize
the importance of dealing with human/wildlife conflict and taking ownership in helping to mitigate
negative interactions between humans and wildlife. Section 33.1 of the Wildlife Act was discussed,
which notes that it is a punishable offense to intentionally attract wildlife. Within this context, the
issue of urban beekeeping was raised, and this item was deferred pending further review.
Ministry of Agriculture
The Apiary Specialist of the Ministry of Agriculture commented on the relative risk associated with
attracting bears as a result of the placement of an apiary in an urban setting. In his professional
opinion, the primary cause of bears being attracted to human habitation is due to the availability of
food, particularly non-secured garbage. The Ministry maintains that an apiary is generally not a
primary attractant and may only be subject to bear damage as a secondary food source. It should
be noted that large scale agricultural bee keeping often occurs in areas where bears are present.
Incidents of this nature are few.
Recognizing that municipalities generally lack in-house expertise in beekeeping matters, the Ministry
provides technical and scientific support and advice to all municipalities that permit this use. The
Ministry representative also provided technical advice to the siting of hives, which included directing
the entrance of the honey bee colony towards the center of the property (i.e. away from the property
line. This will ensure that bees exiting the hive, will promptly gain height and establish flight paths
well above the required 2 meter fence/hedge.
Additional comments:
The municipality should consider permitting this use on the rooftops of commercial,
residential or public buildings.
Some high schools in other Metro Vancouver municipalities (Delta, New Westminster) have
established small apiaries as study projects for various disciplines (biology, environmental
studies, economics, etc).
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The siting recommendations have been incorporated into the proposed bylaw. The additional
comments are included here as information. However, they may be a consideration at a later date,
should support for expanding this use be supported within the community.
Official Community Plan
The Maple Ridge Official Community Plan recognizes agriculture as being a viable contributor to local
employment, and has as an objective to promote and support forms of urban agriculture. As a part
of urban agriculture, urban beekeeping is supported by both the Official Community Plan and the
Maple Ridge Agricultural Plan. Urban beekeeping is an important part of urban agriculture, through
pollination of urban fruiting crops. Policy 6-6 of the Official Community Plan states:
Maple Ridge will develop an Agricultural Plan that:
f) promotes urban agriculture
Agricultural Plan
Similar in intent to the Maple Ridge Official Community Plan, Goal 1 f) of the Agricultural Plan states
the following:
f) Identify and promote opportunities for development of urban agriculture
Zoning Bylaw:
Based on the May 25 2010 Council direction to develop proposed bylaw amendments in support of
urban (hobby) beekeeping, the attached bylaws establish appropriate limits, practices and locations
for this use to occur. These amendments are described below.
Part 2 Interpretation - Definitions:
Currently, beekeeping is recognized as an agricultural use and is therefore restricted to those zones
that allow agriculture, which with few exceptions2, would be Rural Residential or Agricultural zones.
A definition of this use will be described as “hobby beekeeping” in order to distinguish it from the
agricultural use. The proposed definition is as follows:
Hobby Beekeeping use means the keeping, owning, or maintaining of up to two (2) bee hives
on a residential property occupied by the beekeeper.
Part 4 General Regulations:
The General Regulations will set limits on the number of hives, and the siting requirements for this
use in urban areas. These recommended requirements may be summarized as follows:
Maximum of two (2) hives per property allowed – this limitation is the standard used by other
Lower Mainland municipalities and has proven to be successful within an urban context.
Located at the rear of the property – this requirement is also typical of other municipalities.
It serves to minimize intrusions into the bee hive area and reduce the visibility of bee hives.
Hives oriented so that the front of the hive faces away from adjacent property dwellings –
this measure helps to avoid interactions between bees and adjacent residents.
Locate either 2.5m above the ground or behind a solid fence or hedge a minimum of 2
meters tall – this measure will assist in discouraging animal intrusions and minimizing
conflicts.
2 Agricultural uses are also permitted in the RS-1 One Family Urban Residential and the RS-2 One Family Suburban
Residential Zones provided the property exceeds 0.4 hectares and is within the Agricultural Land Reserve.
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Part 6 Residential Zones:
In general, the residential zones for this proposed use are those with a minimum parcel size of 557
m2. Restricting the use to larger residential properties is intended to minimize potential conflicts.
This practice is consistent with that of other Lower Mainland municipalities.
It is recommended that this use be limited to the following residential zones:
RS-1 One Family Urban Residential
RS-1a One Family Amenity Residential
RS1b One Family Urban (Medium Density) Residential
RS-1c One Family Urban (Low Density) Residential
RS-1d One Family Urban (Half Acre) Residential
RS-2 One Family Suburban Residential
SRS Special Urban Residential
RS-3 One Family Rural Residential
It is noted that the Agricultural Zones already allow beekeeping as an Agricultural use. It is therefore
not necessary to include beekeeping as a permitted use in these zones. The RS-3 One Family Rural
Residential Zone also allows Agricultural uses, but only on properties of 0.4 hectares (1 acre) or
greater. There are over 800 legally non-conforming RS-3 zoned parcels within the District with a
parcel size of less than 0.4 hectares. To allow for beekeeping in the RS-3 Zone on these smaller
non-conforming lots, it is recommended that this use be extended to this zone.
Regulation Bylaw:
Under Section 8(3)(k) of the Community Charter, the District of Maple Ridge has the right to regulate,
prohibit, and impose the keeping of animals. In keeping with this legislation, the District’s practice
has been to adopt a separate bylaw that specifically refers to this care. As an example, the siting of
kennels is established in the Zoning Bylaw, but standards for the care of dogs is regulated in the
District of Maple Ridge Kennel Regulation Bylaw No. 6036-2002. Similarly, the amendments to the
Zoning Bylaw will allow Hobby Beekeeping as a land use, but the standard of care for bee hives will
be outlined in a separate regulation bylaw, which is appended to this report. The proposed
Regulation Bylaw No. 6839-2011 establishes standards for the care of bees, for the responsibilities
of beekeepers, and for authorizing bylaw enforcement. This regulation bylaw also establishes
penalties for failure to comply.
c) Desired Outcomes:
Introducing this use will assist in meeting the objectives of the Official Community Plan and the
Agricultural Plan in expanding the opportunities for urban agriculture within the community.
d) Citizen/Customer Implications:
The approval process as recommended would provide opportunities for citizen input through the
required Public Hearing for zoning bylaw amendments. The Agricultural Advisory Committee has also
been involved in the review of this work, and concurs with the proposed regulation.
It is noted that at the September 12, 2011 Workshop, Council also requested that the Committee be
involved in assembling educational materials about this use for the benefit of the community. This
process will occur once Bylaw No. 6838-2011 is given First Reading. The materials will be available
at the Planning front counter and on the District website.
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Next Steps / Alternatives:
The general concept of urban beekeeping has been before Council previously. The recommended
approach is to introduce this use as a separate bylaw prior to the Zoning Bylaw review receiving Final
Reading. However, Council may chose instead to direct this use to be simply included as part of the
review.
As the proposed Hobby Beekeeping Regulation Bylaw No. 6839-2011 does not require a Public
Hearing, it is recommended to be forwarded to First, Second, and Third Reading. The Regulation
Bylaw can then be given Final Reading concurrently with the Zoning Bylaw amendment.
CONCLUSION:
Based on the considerations and recommended direction as outlined in this report, it is
recommended that the amendments as described in this report be as a separate bylaw prior to
completion of the Zoning Bylaw review. It is also recommended that the attached regulation bylaw
be given First Reading.
_______________________________________________
Prepared by: Diana Hall
Planner II
_______________________________________________
Approved by: Christine Carter, M.PL, MCIP
Director of Planning
_______________________________________________
Approved by: Frank Quinn, MBA, P. Eng
GM: Public Works & Development Services
_______________________________________________
Concurrence: J. L. (Jim) Rule
Chief Administrative Officer
The following appendices are attached hereto:
Appendix A – Proposed Zone Amending Bylaw No. 6838 - 2011
Appendix B – Proposed Hobby Beekeeping Regulation Bylaw No. 6839-2011
"Original signed by Diana Hall"
"Original signed by Christine Carter"
"Original signed by Frank Quinn"
"Original signed by J.L. (Jim) Rule"
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Appendix A
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6838 - 2011
A Bylaw to amend the text of Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended.
___________________________________________________________
WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as
amended;
NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in
open meeting assembled, ENACTS AS FOLLOWS:
1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6838 – 2011”
2. Maple Ridge Zoning Bylaw No. 3510 – 1985 is hereby amended as follows:
a) PART 2 INTERPRETATION, is amended by the addition of the following definition in correct
alphabetical order:
“Hobby Beekeeping use means the keeping, owning, or maintaining of up to two (2) bee
hives on a residential property occupied by the beekeeper or as an educational use in an
institutional setting”.
b) PART 4, GENERAL REGULATIONS, SECTION 402 REGULATIONS FOR PERMITTED
USES OF LAND, BUILDINGS & STRUCTURES is amended by the addition of the following
subsection in correct numerical order:
“(12) Hobby Beekeeping Use
Where permitted a Hobby Beekeeping use is subject to the following provisions:
a) A maximum of two (2) hives per property shall be permitted;
b) Bee Hives for a Hobby Beekeeper use shall be located to the rear of the principal
building on the lot;
c) Hives must:
(i) be raised a minimum of 2.5 metres above grade; or
(ii) be behind a solid fence or hedge a minimum of 2.0 metres in height located
parallel to an adjacent property line and extending a minimum of 6.0 metres
horizontally beyond the hive in either direction.
(iii) be oriented with the hive entrance facing towards the centre of the property.
c) PART 6, RESIDENTIAL ZONES, Section 601, Subsection A. PERMITTED USES OF LAND,
BUILDINGS AND STRUCTURES is amended by the addition of the following after Detached
Garden Suite Use
“Hobby Beekeeping Use RS-1 RS-1a RS-1b RS-1c RS-1d RS-2 RS-3 SRS”
(subject to Section 402)
READ a first time the day of 2012
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READ a second time the day of 2012
PUBLIC HEARING held the day of 2012
READ a third time the day of 2012
RECONSIDERED AND FINALLY ADOPTED, the day of 2012
_____________________________ ____________________________
PRESIDING MEMBER CORPORATE OFFICER
8th May,
9
Appendix B
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6839-2011
A Bylaw to regulate Hobby Beekeeping
___________________________________________________________________________
WHEREAS under the provisions Section 8(3)(k) of the Community Charter, Council may, by
bylaw regulate, prohibit or impose requirements in relation to animals.
NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in
open meeting assembled, ENACTS AS FOLLOWS:
This by-law may be cited for all purposes as the “Maple Ridge Hobby Beekeeping Regulation Bylaw
No. 6839-2011”.
Definitions
“Apiary” means a place where bees or beehives or beekeeping equipment is kept for the purpose of
Hobby Beekeeping;
“Bee” means the insect Apis mellifera;
“Hive” means beehive equipment inhabited by live bees;
“Hobby Beekeeping” use means the keeping, owning, or maintaining of up to two (2) bee hives on a
residential property occupied by the beekeeper or as an educational use in an institutional setting.
Registration of Apiaries
A person must not keep bees as a Hobby Beekeeper except in an Apiary registered under the Bee
Act, RSBC 1996, Chapter 29 and amendments thereto.
Responsibility
a) Hobby Beekeepers shall deter other animals and protect hives from disturbance by animals
by a suitable method of prevention, including but not limited to adequate fencing or hedging
or motion sensored high-pitched deterrent devices.;
b) Hives shall be located so that the entrance to the hives face away from adjacent property
dwellings.
c) Every Hobby Beekeeper and every person who allows, permits or establishes the keeping of
bees on their property has the duty to maintain, or to take reasonable precautions to prevent
swarming or aggressive behaviour by the bees, and if the bees do swarm or show signs of
aggressive behaviour, to ensure that the bees are requeened.
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Provision of Water
Every Hobby Beekeeper and every person who allows, permits or establishes the keeping of bees
shall ensure that the bees have sufficient water available on the property upon which the Apiary is
located to provide for the needs of the bees.
Enforcement
A Public Health Officer, Bylaw Enforcement Officer, Property Use Inspector, Member of the Royal
Canadian Mounted Police, or other municipal employee, or agent, duly authorized by Council to
enforce municipal bylaws may enter upon any property to inspect and determine whether the
requirements of this bylaw are being me.
Offences and Penalties
Any person who contravenes this bylaw is liable upon summary conviction to a maximum fine of
$10,000.00 and the cost of prosecution. Every day during which there is a contravention of this
bylaw shall constitute a separate offence.
READ a first time the day of 2012
READ a second time the day of 2012
READ a third time the day of 2012
RECONSIDERED AND FINALLY ADOPTED, the day of 2012
_________________________________ ______________________________
PRESIDING MEMBER CORPORATE OFFICER
May,8th
8th May,
May,8th
District of Maple Ridge
TO: His Worship Mayor Ernie Daykin MEETING DATE: April 30, 2012
and Members of Council FILE NO: RZ/066/07
FROM: Chief Administrative Officer MEETING: C of W
SUBJECT: Second Reading
Maple Ridge Zone Amending Bylaw No. 6881-2011
12355 McNutt Road
EXECUTIVE SUMMARY:
An application has been received to rezone the subject property, 12355 McNutt Road, from RS-3
(One Family Rural Residential) to RS-2 (One Family Suburban Residential) for the purpose of future
subdivision into two lots.
RECOMMENDATIONS:
1. That Zone Amending Bylaw No. 6881-2011 be given Second Reading and be forwarded to Public
Hearing; and
2. That the following terms and conditions be met prior to Final Reading:
i. Registration of a Geotechnical Report as a Restrictive Covenant which addresses the
suitability of the site for the proposed development;
ii. Removal of the existing buildings encroaching on proposed properties; and
iii. A disclosure statement must be submitted by a Professional Engineer advising whether
there is any evidence of underground fuel storage tanks.
DISCUSSION:
a) Background Context:
Applicant: Richard Slobodian
Owner: Zygmunt Kozbial
Legal Description: Lot 6, Section 20, Township 15, NWD Plan 12094
OCP:
Existing: Suburban Residential
Zoning:
Existing: RS-3 (One Family Rural Residential)
Proposed: RS-2 (One Family Suburban Residential)
Surrounding Uses:
- 2 -
North: Use: Single Family Residential
Zone: RS-3 (One Family Rural Residential)
Designation: Suburban Residential
South: Use: Single Family Residential
Zone: RS-3 (One Family Rural Residential)
Designation: Suburban Residential
East: Use: Single Family Residential
Zone: RS-3 (One Family Rural Residential)
Designation: Suburban Residential
West: Use: Single Family Residential
Zone: RS-2 (One Family Suburban Residential)
Designation: Suburban Residential
Existing Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
Site Area: 2.39 ha (5.91 acres)
Access: McNutt Road
Servicing requirement: Rural standard
Companion Applications: SD/066/07 and DP/101/10
b) Project Description:
The applicant proposes to rezone the subject property from RS-3 (One Family Rural Residential) to
RS-2 (One Family Suburban Residential) for the purpose of future subdivision into two lots. The
subject property has some steep slopes greater than 25% grade, most of which are located on the
western side of the property. Originally, a three-lot subdivision layout was proposed for this property;
however, access to the third lot on the western side of the property from 272 Street could not be
proven out. Therefore, the applicant revised the application to the current two lot subdivision layout.
A Geotechnical Report and Landslide Assessment, Environmental Assessment, Tree Assessment,
and Septic Feasibility Report were provided in support of this application. Results of these
assessments are summarized in the Environmental Implications section below.
c) Planning Analysis:
Official Community Plan:
The proposed rezoning to RS-2 (One Family Suburban Residential) is in accordance with the
subject property’s designation as Suburban Residential in the Official Community Plan. The
Suburban Residential designation permits single detached and duplex housing in areas
located outside of the Urban Area Boundary that may have water service but which are not
connected to the Municipal sanitary sewer system.
Zoning Bylaw:
The RS-2 (One Family Suburban Residential) zone requires a minimum lot area of 0.40 ha (1
acre), a minimum lot width of 36 m and a minimum lot depth of 60 m. The two proposed
single family lots comply with the above requirements of the Zoning Bylaw as follows:
the area for Lot 1 is proposed to be 1.99 ha (5 acres), and the area for Lot 2 is
proposed to be 0.40 ha (1 acre);
the lot width for Lot 1 is proposed to be approximately 36 m, and the lot width for
Lot 2 is proposed to be approximately 49.9 m; and
- 3 -
the lot depth for Lot 1 is proposed to be approximately 240 m; and the lot depth for
Lot 2 is proposed to be approximately 87 m.
The existing house on Lot 2 meets the required setbacks of the zone. The existing garage on
Lot 1 will be removed.
Development Permits:
Pursuant to Section 8.10 of the Official Community Plan, a Natural Features Development
Permit application is required for all development and subdivision activity for all lands with an
average natural slope of greater than 15% to ensure the preservation, protection, restoration
and enhancement of the natural environment and for development that is protected from
hazardous conditions.
d) Environmental Implications:
A geotechnical report and landslide assessment was prepared by Davies Geotechnical Inc. on the
subject property to review geotechnical conditions to assess the suitability of the site for the
proposed development. The report concludes that the site is safe for the use intended. A
Geotechnical Restrictive Covenant is required as a condition for Final Reading.
Additionally, an environmental assessment was prepared and determined that no watercourses or
other ecologically sensitive areas were observed on the subject property. A tree assessment was also
prepared with the goal of preserving as many of the existing trees as possible at the subdivision
stage. The reports note that the vegetation on the western portion of the property is comprised of a
mixed deciduous and coniferous forest interspersed with more open areas. The vegetation on the
eastern side of the property is comprised of a mix of native and non-native domestic species,
primarily with grasses, blackberry, thimbleberry and small alder saplings. One roadside ditch was
observed adjacent to the east property line that was conveying flows south along the west side of
McNutt Road. Cooper Creek was observed on the adjacent property on the east side of McNutt
Road.
e) Interdepartmental Implications:
Engineering Department:
The Engineering Department has indicated that there are no deficient services which could be
provided by a Rezoning Servicing Agreement. Additional comments from the Engineering
Department will be addressed at the Subdivision stage.
Fire Department:
The Fire Department has noted that the driveway must not have a grade greater than 18%. The
grades for the driveways are proposed to be no greater than 5%.
Parks Department:
The Parks Department has advised that there is a road shoulder trail on McNutt Road that can
be maintained in the road Right-of-Way as a gravel shoulder.
- 4 -
CONCLUSION:
Based on the review of supporting information regarding the proposed rezoning and subdivision
applications, it is recommended that Second Reading be given to Maple Ridge Zone Amending Bylaw
No. 6881-2011.
_______________________________________________
Prepared by: Amelia Bowden
Planning Technician
_______________________________________________
Approved by: Christine Carter, MPL, MCIP
Director of Planning
_______________________________________________
Approved by: Frank Quinn, MBA, PEng
GM: Public Works & Development Services
_______________________________________________
Concurrence: J. L. (Jim) Rule
Chief Administrative Officer
The following appendices are attached hereto:
Appendix A – Subject Map
Appendix B – Zone Amending Bylaw 6881-2011
Appendix C – Proposed Subdivision Plan
"Original signed by Amelia Bowden"
"Original signed by Christine Carter"
"Original signed by Frank Quinn"
"Original signed by J.L. (Jim) Rule"
City of PittMeadows
District ofLangley District of MissionFRASER R.
^
DATE: Apr 25, 2012 FILE: RZ/066/07 BY: PC
12355 MCNUTT ROAD
CORPORATION OFTHE DISTRICT OFMAPLE RIDGE
PLANNING DEPARTMENT
12410
12310
12366
12414
12293
12313
12485
12470
12240
12231
12251 12250
12375
12462
12295
12383
12278 12273
12355
12357
12294 1240612433 McNUTT RD.272 ST.LMP 6073
LMP 20047
1
BCP 38378
28
31
Rem 32
7
P 12094
BCP 38378
29
LMP 15210
Rem A
6
11
LMP 109238
6
9
PARK
PARK
P 34391
LMP 20047
EP 32859
7
BCP 25318
LMP 6073PARK
10
BCP 25318
30
3
LMP 20049
2 3
!(
SUBJECT PROPERTY
´
SCALE 1:2,000
CORPORATION OF THE DISTRICT OF MAPLE RIDGE
BYLAW NO. 6881-2011
A Bylaw to amend Map "A" forming part
of Zoning Bylaw No. 3510 - 1985 as amended.
___________________________________________________________
WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 -
1985 as amended;
NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple
Ridge, in open meeting assembled, ENACTS AS FOLLOWS:
1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6881-2011."
2. That parcel or tract of land and premises known and described as:
Lot 6 Section 20 Township 15 New Westminster District Plan 12094
and outlined in heavy black line on Map No. 1551 a copy of which is attached hereto
and forms part of this Bylaw, is hereby rezoned to RS-2 (One Family Suburban
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 13th day of December, A.D. 2011.
READ a second time the day of , A.D. 20 .
PUBLIC HEARING held the day of , A.D. 20 .
READ a third time the day of , A.D. 20 .
RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 20 .
_____________________________ ____________________________
PRESIDING MEMBER CORPORATE OFFICER
8th May 12
12410
12310
12366
12414
12261
12293
12313
12485
12266
12470
12240
12231
12251 12250
12375
12462
12295
12383
12278 12273
12355
12357
12294 1240612433 McNUTT RD.272 ST.LMP 6073
LMP 20047
1
BCP 38378
28
31
36
LMP 10923Rem 32
7
P 12094
BCP 38378
LMP 6073
LMP 15210
29
Rem A
6
11
BCP 41305
P 12094
Rem 15
LMP 109238
6
9
PARK
PARK 1
8
P 34391
LMP 20047
EP 32859
7
BCP 25318
2
LMP 6073PARK
10
BCP 25318
9
P 57415
30
3
LMP 20049
2 3
41306
LMP 20048
BCP
41307
LMP 19808
BCP 25319
BCP
BCPLMP 6074LMP
LMP 20050
LMP 43621 BCP 10211LMP 10924
LMP 20048 LMP 20048BCP 25320BCP 25319
10924LMP 6080LMP 6069B
C
P 25
3
2
1
41308
B C P 1 5 5 2 6BCP
McNUTT RD.´SCALE 1:2,500
MAPLE RIDGE ZONE AMENDING
Bylaw No.Map No. From:
To:
6881-20111551RS-3 (One Family Rural Residential)
RS-2 (One Family Suburban Residential)