HomeMy WebLinkAbout2015-04-21 Public Hearing Meeting Agenda and Reports.pdf
City of Maple Ridge
PUBLIC
HEARING
April 21, 2015
CITY 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, April 21, 2015
to consider the following bylaws:
1) 2013-113-RZ
MAPLE RIDGE ZONE AMENDING BYLAW NO. 7050-2013
LEGAL: Lot 5, District Lot 247, Group 1, New Westminster District Plan 8981
LOCATION 21530 Donovan Avenue
FROM: RS-1 (One Family Urban Residential)
TO: RS-1b (One Family Urban (Medium Density) Residential)
PURPOSE. To permit future subdivision into two single family residential lots.
2) 2014-096-RZ
LEGAL: Lot 1, Except Part Dedicated Road on Plan 83787, Section 21, Township 12,
New Westminster District, Plan 72342
LOCATION: 12250 237 Street
PURPOSE To release Restrictive Covenant AD080315 from the title of the property
located at 12250 237 Street. The Covenant restricts the use of the land to
one Single Family dwelling and Agricultural uses, including buildings and
structures accessory to Agricultural use. The property is designated 100%
Agricultural in the Official Community Plan, is zoned A-2 (Upland Agricultural),
and is located within the Agricultural Land Reserve (ALR). There is no intent
to remove the property from the ALR or to rezone it.
3a) RZ/115/10
MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING BYLAW NO. 6940-2012
LEGAL: Lot A, Except: Firstly: Part Highway on Plan 22870 and Secondly: Part
Highway on Plan 25492, District Lot 275, Group 1, New Westminster District,
Plan 9085
LOCATION: 23213 Lougheed Highway
PURPOSE: To amend Schedule “B” of the Official Community Plan, as shown on
Map No. 841
FROM: Agriculture
TO: Commercial and Conservation
AND
PURPOSE: To add as conservation to Schedule “C” of the Official Community Plan, as
shown on Map No. 842
Map No. 841 Map No. 842
3b) RZ/115/10
MAPLE RIDGE ZONE AMENDING BYLAW NO. 6834-2011
LEGAL: Lot A, Except: Firstly: Part Highway on Plan 22870 and Secondly: Part
Highway on Plan 25492, District Lot 275, Group 1, New Westminster District,
Plan 9085
LOCATION 23213 Lougheed Highway
FROM: M-2 (General Industrial)
TO: CS-1 (Service Commercial)
PURPOSE To align the zone with the existing commercial business.
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 April 9, 2015 to April 21, 2015, Saturdays, Sundays and Statutory Holidays
excepted. Some of this information will also be posted on the City website www.mapleridge.ca on
the Your Government /Meet Your Council/Council Meetings 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., April 21, 2015.
Please note that all written submissions provided in response to this consultation will become part of
the public record which includes the submissions being made available for public inspection.
Dated this 9th day of April, 2015.
Ceri Marlo
Manager of Legislative Services
DEVELOPMENT APPLICATION CHECKLIST
FOR FILE 2013-113-RZ
File Manager: Adam Rieu
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 provided:
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: March 16, 2015
and Members of Council FILE NO: 2013-113-RZ
FROM: Chief Administrative Officer MEETING: C of W
SUBJECT: Second Reading
Maple Ridge Zone Amending Bylaw No.7050-2013
21530 Donovan Avenue
EXECUTIVE SUMMARY:
An application has been received to rezone the subject property, located at 21530 Donovan Avenue,
from RS-1 (One Family Urban Residential) to RS-1b (One Family Urban (Medium Density)
Residential), to permit future subdivision into two single family residential lots. Council granted first
reading to Zone Amending Bylaw No. 7050-2013 on January 28, 2014.
This application is in compliance with the Official Community Plan (OCP).
RECOMMENDATIONS:
1. That Maple Ridge Zone Amending Bylaw No. 7050-2013 be given second reading; and be
forwarded to Public Hearing;
2. That the following terms and conditions be met prior to final reading:
i. Approval from the Ministry of Transportation and Infrastructure;
ii. Registration of a Restrictive Covenant to preserve and enhance the area around
McKenney Creek; and
iii. In addition to the Site Profile, a disclosure statement must be submitted by a
Professional Engineer advising whether there is any evidence of underground fuel
storage tanks on the subject property. If so, a Stage 1 Site Investigation Report is
required to ensure that the subject property is not a contaminated site.
DISCUSSION:
a) Background Context:
Applicant: ABM Engineering Services
Owner: Bhupinder Johar
Legal Description: Lot 5, District Lot 247, Group 1, NWD Plan 8981
- 2 -
OCP:
Existing: Urban Residential
Proposed: Urban Residential
Zoning:
Existing: RS-1 (One Family Urban Residential)
Proposed: RS-1b (One Family Urban (Medium Density) Residential)
Surrounding Uses
North: Use: Single Family Residential
Zone: RS-1b (One Family Urban (Medium Density) Residential)
Designation: Urban Residential
South: Use: Single Family Residential
Zone: R-1 (Residential District)
Designation: Urban Residential
East: Use: Single Family Residential
Zone: R-1 (Residential District)
Designation: Urban Residential
West: Use: Single Family Residential
Zone: RS-1b (One Family Urban (Medium Density) Residential)
Designation: Urban Residential
Existing Use of Property: Single Family Residential
Proposed Use of Property: Single Family Residential
Site Area: 0.13 ha (0.32 acres)
Access: Donovan Avenue
Servicing: Urban
Companion Applications: 2013-113-SD/DP
b) Project Description:
The subject property is located on the south side of Donovan Avenue, and is approximately 0.13 ha
(0.32 acres) in size. The subject property is bound by single family residential properties to the east,
west, and south, with Donovan Avenue to the north (see Appendix A). The headwaters of McKenney
Creek are located in the southwest corner of the subject property; therefore, a restrictive covenant
for the watercourse protection is required. The applicant is proposing to rezone the subject property
from RS-1 (One Family Urban Residential) to RS-1b (One Family Urban (Medium Density) Residential)
to allow future subdivision into two single family residential lots.
c) Planning Analysis:
Official Community Plan:
The development site is located within the Urban Area and is designated Urban Residential –
Neighbourhood Residential. Single detached dwellings are to remain the predominant housing form
within neighborhoods, but other housing forms are possible, subject to compliance with the
Neighbourhood Residential infill policies. This two lot subdivision for single family residential homes
is compatible with the OCP designation and the Neighbourhood Residential infill policies.
- 3 -
Zoning Bylaw:
The current application proposes to rezone the subject property from RS-1 (One Family Urban
Residential) to RS-1b (One Family Urban (Medium Density) Residential) (see Appendix B) to permit
future subdivision into two single family residential lots (see Appendix C). The minimum lot size for
the current RS-1 (One Family Urban Residential) zone is 668 m² (7090 ft²), and the minimum lot
size for the proposed RS-1b (One Family Urban (Medium Density) Residential) zone is 557 m² (5995
ft²). The new lots are proposed to be approximately 650 m² (6996 ft²). No variance to the RS-1b
(One Family Urban (Medium Density) Residential) zone have been proposed at this time.
Development Permits:
Pursuant to Section 8.9 of the OCP, a Watercourse Protection Development Permit application has
been received to ensure the preservation, protection, restoration and enhancement of watercourse
and riparian areas. The developer has provided an Environmental Assessment, Habitat Balance
Report and a Habitat Rehabilitation Plan. A security deposit was provided as a condition of issuing
the Development Permit to ensure that the Development Permit Area guidelines are met.
Advisory Design Panel:
A Form and Character Development Permit is not required and therefore this application does not
need to be reviewed by the Advisory Design Panel.
Development Information Meeting:
A Development Information Meeting was not required for this development as it did not require an
OCP amendment and there is less than 25 dwelling units proposed, as per Council Policy 6.20 for
Development Information Meetings.
d) Environmental Implications:
The subject property is located near the headwaters of a tributary that flows into McKenney Creek.
McKenney Creek has a 15 m (49 ft.) setback for the majority of the watercourse based on
Streamside Protection Regulations (SPR). The SPR provides for flexibility and takes into
consideration a number of criteria including context. In this particular case, there are adjacent
properties that, historically, were granted setbacks between 5 m (16 ft.) and 15 m (49 ft.) back from
top of bank by senior environmental agencies. Based on the SPR guidelines, a narrower setback of
7.5 m (25 ft.) across the southern portion of the site is supportable. This setback extends across
both proposed lots and results in a net gain of habitat area which equates to 66 m² (710 ft²), above
what the normal requirements would be if 15 m (49 ft.) were to be applied on site. In the absence
of the reduced setback, the entire south-west side of the site would be unusable.
In addition, the Environmental Assessment Report, Habitat Balance Report, Habitat Rehabilitation
Plan and Stormwater Management Plan have been reviewed. Restoration measures with a cost
estimate and security deposit are required, including a three-year maintenance plan, as well as a
Restrictive Covenant to protect the headwater area around McKenney Creek.
The subject property is located within the Fraser River Escarpment area, where stormwater must be
directed to Municipal storm sewer, as per Council Policy 6.23 - Control of Surficial and Groundwater
- 4 -
Discharge in the Area Bounded by 207 Street, 124 Avenue, 224 Street and the Crest of the Fraser
River Escarpment.
e) Traffic Impact:
The subject property is located within 800 m of a controlled intersection of a Provincial Highway,
therefore a referral was sent to the Ministry of Transportation and Infrastructure. Zone Amending
Bylaw No. 7050-2013 was granted Preliminary Approval on July 16, 2014, for one year, pursuant to
Section 52(3)(a) of the Transportation Act.
f) Interdepartmental Implications:
Engineering Department:
A Rezoning Servicing Agreement is not required for this rezoning application, as there are no works
or services required for the rezoning. All deficient services will be provided through a Subdivision
Servicing Agreement at the time of subdivision.
CONCLUSION:
As this application is in compliance with the OCP, it is recommended that second reading be given to
Maple Ridge Zone Amending Bylaw No. 7050-2013 and that application 2013-113-RZ be forwarded
to Public Hearing.
“Original signed by Chuck Goddard” for
_______________________________________________
Prepared by: Adam Rieu
Planning Technician
“Original signed by Christine Carter”
_______________________________________________
Approved by: Christine Carter, M.PL, MCIP, RPP
Director of Planning
“Original signed by Frank Quinn”
_______________________________________________
Approved by: Frank Quinn, MBA, P.Eng
GM: Public Works & Development Services
“Original signed by Jim Rule”
_______________________________________________
Concurrence: J. L. (Jim) Rule
Chief Administrative Officer
The following appendices are attached hereto:
Appendix A – Subject Map
Appendix B – Zone Amending Bylaw No. 7050-2013
Appendix C – Subdivision Plan
City of PittMeadows
District ofLangley District of MissionFRASER R.
^
DATE: Dec 3, 2013 FILE: 2013-113-RZ BY: PC
CORPORATION OFTHE DISTRICT OFMAPLE RIDGE
PLANNING DEPARTMENT
SUBJECT PROPERTY
´
Scale: 1:1,500
21530 DONOVAN AVENUE
CITY OF MAPLE RIDGE
BYLAW NO. 7050-2013
A Bylaw to amend Map "A" forming part
of Zoning Bylaw No. 3510 - 1985 as amended
___________________________________________________________
WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 -
1985 as amended;
NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows:
1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7050-2013."
2. That parcel or tract of land and premises known and described as:
Lot 5 District Lot 247 Group 1 New Westminster District Plan 8981
and outlined in heavy black line on Map No.1604 a copy of which is attached hereto
and forms part of this Bylaw, is 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 28th day of January, 2014.
READ a second time the 24th day of March, 2015.
PUBLIC HEARING held the day of , 20
READ a third time the day of , 20
APPROVED by the Ministry of Transportation and Infrastructure this day of
, 20
ADOPTED, the day of , 20
_____________________________ ____________________________
PRESIDING MEMBER CORPORATE OFFICER
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´
SCALE 1:1,500
MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From:
To:
RS-1 (One Family Urban Residential)
RS-1b (One Family Urban (Medium Density) Residential)
7050-20131604
DEVELOPMENT APPLICATION CHECKLIST
FOR FILE 2014-096-RZ
File Manager: Ann Edwards
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) Legal Plan in File
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 provided:
Copy of Covenant AD080315 – to be removed
- 1 -
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: March 16, 2015
and Members of Council FILE NO: 2014-096-RZ
FROM: Chief Administrative Officer MEETING: C of W
SUBJECT: Application to release Restrictive Covenant AD080315 from the property title
12250 237 Street
EXECUTIVE SUMMARY:
An application has been received to release Restrictive Covenant AD080315 from the title of the
property located at 12250 237 Street (Appendix A). The property is designated 100% Agricultural in
the Official Community Plan (OCP) and is zoned A-2 (Upland Agricultural) which is consistent with that
land use designation. The property is located within the Agricultural Land Reserve (ALR) and there is
no intent to remove the property from the ALR or to rezone it. The rezoning application file number
has been assigned for convenience in documenting the application.
The Restrictive Covenant (Appendix B) was registered on the property restricting the use of the land
to one Single Family dwelling and Agricultural uses, including buildings and structures accessory to
Agricultural use. The requirement for a restrictive covenant was included in the application to rezone
the land in 1989 when the property was rezoned to A-2. As the conditions of the Restrictive
Covenant align with the requirements of the A-2 zoning and the Agricultural land use designation, it
appears redundant for the covenant to be registered on the property title.
It is recommended that Council consider the request to release the covenant and to hold a Public
Hearing to provide an opportunity for the public to comment.
RECOMMENDATION:
1. That the request to release Restrictive Covenant AD080315 as a charge against the property
be considered; and further
2. That the request be forwarded to Public Hearing.
DISCUSSION:
1) Background Context:
Applicant: Meadowland Industries
Owners: John M Telep
Robert P Telep
Donna J Herman
Legal Description: Lot 1 except part dedicated road on Plan 83787, Section 21, Township 12,
NWD Plan 72342
- 2 -
OCP:
Existing: Agricultural
Proposed: Agricultural
Zoning:
Existing: A-2 (Upland Agricultural)
Proposed: A-2 (Upland Agricultural)
Surrounding Uses:
North: Use: Rural Residential
Zone: RS-3 (One Family Rural Residential)
Designation: Agricultural
South: Use: Vacant
Zone: RS-3 (One Family Rural Residential)
Designation: Agricultural
East: Use: Rural Residential
Zone: RS-3 (One Family Rural Residential), RS-1b (One Family
Urban (Medium Density) Residential
Designation: Agricultural, Urban Residential
West: Use: Residential
Zone: RS-3 (One Family Rural Residential)
Designation: Agricultural
Existing Use of Property: Residential, Agricultural
Proposed Use of Property: Residential, Agricultural
Site Area: 3.88 hectares (9.58 acres)
Access: 237 Street
Servicing: Rural Standard
2) Background:
In July 1986 this property was transferred into the ownership of the District of Maple Ridge for
the purpose of a future Works Yard site. Subsequently the District decided to locate the Works
Yard on its present location on Dewdney Trunk Road. The 237 Street property then became
excess to the District’s needs. The District agreed to transfer this property to the Telep family
as partial compensation for the expropriation of the Telep’s land for the Thomas Haney School
site. A condition of the transfer of the property was that the Telep family grant this restrictive
covenant to the District.
In 1989 rezoning application RZ/055/89 was opened by the District to amend the OCP
designation from Institutional to Agricultural and to rezone the property from P-6 (Civic
Institutional) to A-2 (Upland Agricultural). The requirement for a restrictive covenant was
included in the application to rezone the land. The property was in the Agricultural Land
Reserve at the time, and the intent of the application was to align the OCP land use
designation and the zoning with the ALR.
- 3 -
A Public Hearing was held to provide the public with an opportunity to comment on the
proposed amendments to the OCP and rezoning bylaws, and the bylaws were subsequently
adopted by Council on December 20, 1989. Restrictive Covenant (AD080315) was registered
on the property restricting the use of the land to one Single Family dwelling and Agricultural
uses, including buildings and structures accessory to Agricultural use.
3) Application Description:
The applicant has requested that the Restrictive Covenant AD080315 be released from the
property title as it appears to be redundant. The property is designated 100% Agricultural in
the OCP and it is zoned A-2 (Upland Agricultural) which is consistent with that land use
designation. The property is located within the Agricultural Land Reserve (ALR) and there is no
intent to remove the property from the ALR.
4) Planning Analysis:
The Restrictive Covenant includes the following clauses referring to the use of the land:
The Owners and the District agreed and do agree that it is a condition of the transfer of
the Lands from the District to the Owners that the Owners grant this Covenant to the
District.
The Owners hereby covenant, promise and agree pursuant to Section 215 of the Land
Title Act, R.S.B.C 1979, c. 219 and amendments thereto, it being the intention of the
Owners that the covenants herein contained shall be annexed to and run with the Lands,
that the Lands shall not be used for any use except agricultural use.
For the purposes of this Restrictive Covenant, “agricultural use” shall include the
construction of one single family dwelling on the Lands together with all such other
buildings and structures as are customarily incidental to and exclusively devoted to
agricultural uses on land.
In 1989 the rezoning of the property to A-2 (Upland Agricultural) was approved. The permitted
uses of the property are identified in the Maple Ridge Zoning Bylaw No. 3510 – 1985, Part 5
(Agricultural Zones), Section 501, Permitted Uses of Land, Buildings and Structures in the
Agricultural Zones, and include One Family Residential and Agricultural uses.
The term “Agricultural” is defined in the Zoning Bylaw as:
a use providing for the growing, rearing, producing and harvesting of agricultural
products; includes the preliminary grading of such products for shipment, and
specifically includes mushroom growing, horses, livestock, swine, fur bearing
animals, poultry, pigeons, doves, bees, or other animals or birds; excludes all
manufacturing and any processing not specifically included. Where lands that
are zoned to permit an agricultural use are located within the Agricultural Land
Reserve, the activities designated as farm use by the Agricultural Land
Commission will also be included.
The property is designated Agricultural in the OCP and it is located within the ALR. There have
been no applications to remove the property from the ALR. As the conditions of the Restrictive
Covenant align with the requirements of the A-2 zoning and the Agricultural land use
designation, it appears redundant for covenant to be registered on the property title.
- 4 -
The rezoning application RZ/055/89 included a Public Hearing to provide the public with an
opportunity to comment on the proposed rezoning bylaw. Therefore, it would be in the public
interest for current Council to hold a Public Hearing in consideration of releasing the Restrictive
Covenant.
5) Intergovernmental Issues:
i) Agricultural Land Commission
The request to release the restrictive covenant was referred to the Agricultural Land
Commission (ALC). The ALC records indicate that the property has been within the ALR
since the early 1970’s when the ALC was enacted. The following response was received on
January 19, 2015:
The ALC would have no objections to the release of the Covenant. The land
owners should be made aware that the release of this Covenant in no way
suggests a change in the use of the land. The property remains in the ALR
and subject to the Agricultural Land Commission Act and Agricultural Land
Reserve Use, Subdivision and Procedure Regulation.
CONCLUSION:
It is recommended that Council consider the request to release the covenant and to hold a Public
Hearing to provide an opportunity for the public to comment.
“Original signed by Ann Edwards”
_______________________________________________
Prepared by: Ann Edwards, CPT
Senior Planning Technician
“Original signed by Christine Carter”
_______________________________________________
Approved by: Christine Carter, M.PL, MCIP, RPP
Director of Planning
“Original signed by Frank Quinn”
_______________________________________________
Approved by: Frank Quinn, MBA, P.Eng
GM: Public Works & Development Services
“Original signed by Jim Rule”
_______________________________________________
Concurrence: J. L. (Jim) Rule
Chief Administrative Officer
The following appendices are attached hereto:
Appendix A – Subject Map
Appendix B – Restrictive Covenant AD080315
City of PittMeadows
District ofLangley District of MissionFRASER R.
^
DATE: Oct 7, 2014 FILE: 2014-096-RZ BY: PC
CITY OF MAPLE RIDGE
PLANNING DEPARTMENT
SUBJECT PROPERTY
´
Scale: 1:2,500
12250 237 STREET
DEVELOPMENT APPLICATION CHECKLIST
FOR FILE RZ/115/10
File Manager: Amelia Bowden
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 provided:
Soil Management and Remediation Report
Geotechnical Report
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: March 2, 2015
and Members of Council FILE NO: RZ/115/10
FROM: Chief Administrative Officer MEETING: C of W
SUBJECT: First and Second Reading
Maple Ridge Official Community Plan Amending Bylaw No. 6940-2012 and
Second Reading
Maple Ridge Zone Amending Bylaw No. 6834-2011
23213 Lougheed Highway
EXECUTIVE SUMMARY:
An application has been received to rezone the subject property, located at 23213 Lougheed
Highway, from M-2 (General Industrial) to CS-1 (Service Commercial) to align the zone with the
existing commercial business. The subject property has historically been a legal non-conforming
use, and this application is intended to legitimize the zoning. This application also requires an
amendment to the Official Community Plan (OCP) to re-designate the land use from Agricultural to
Commercial and Conservation. On June 23, 2011, Council gave first reading to Zone Amending
Bylaw No. 6834-2011. Since that time, the property owner was focused on completing the building
permit work authorized by the Board of Variance. As that work has been completed, the property
owner is now proceeding with the subject application.
RECOMMENDATIONS:
1. That in accordance with Section 879 of the Local Government Act opportunity for early and
on-going consultation has been provided by way of posting Official Community Plan Amending
Bylaw No. 6940-2012 on the municipal website, and Council considers it unnecessary to
provide any further consultation opportunities, except by way of holding a Public Hearing on
the bylaw;
2. That Maple Ridge Official Community Plan Amending Bylaw No. 6940-2012 be considered in
conjunction with the Capital Expenditure Plan and Waste Management Plan;
3. That it be confirmed that Maple Ridge Official Community Plan Amending Bylaw No. 6940-
2012 is consistent with the Capital Expenditure Plan and Waste Management Plan;
4. That Maple Ridge Official Community Plan Amending Bylaw No. 6940-2012 be given first
and second reading and be forwarded to Public Hearing;
5. That Zone Amending Bylaw No. 6834-2011 be given second reading and be forwarded to
Public Hearing; and
- 2 -
6. That the following terms and conditions be met prior to final reading:
i. Approval from the Ministry of Transportation and Infrastructure;
ii. Amendment to Schedule "B" & “C” of the Official Community Plan;
iii. Registration of a geotechnical report as a Restrictive Covenant which addresses the
suitability of the site for the proposed development;
iv. An access agreement and survey plan and must be registered at the Land Title
Office for Spencer Creek and the existing pump station;
v. Registration of a building design scheme as a Restrictive Covenant at the Land Title
Office;
vi. Park dedication as required; and
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.
DISCUSSION:
a) Background Context:
Applicant: Don Bowins
Owner: Vaughn Wyant Investments Ltd.
Legal Description: Lot A Except Firstly Part Highway on Plan 22870 and Secondly
Part Highway on Plan 25492; District Lot 275, Group 1, NWD
Plan 9085
OCP:
Existing: Agricultural
Proposed: Commercial and Conservation
Zoning:
Existing: M-2 (General Industrial)
Proposed: CS-1 (Service Commercial)
Surrounding Uses:
North: Use: Regional Park
Zone: RS-3 (One Family Rural Residential)
Designation: Park
South: Use: Vacant
Zone: RS-3 (One Family Rural Residential)
Designation: Agricultural
- 3 -
East: Use: Municipal Park
Zone: RS-3 (One Family Rural Residential)
Designation: Parks Within the ALR
West: Use: Regional Park
Zone: M-2 (General Industrial)
Designation: Park
Existing Use of Property: Car Dealership
Proposed Use of Property: Car Dealership
Site Area: 1.3 hectares (3.2 acres)
Access: Tamarack Lane
Servicing requirement: Urban Standard
b) Project History:
The subject property has been used historically as a car dealership, which is a legal non-conforming
use under the current M-2 (General Industrial) zone. Located in the Albion Flats, the property was
included in the Agricultural Land Reserve (ALR) in 1972 and was removed from the ALR in 1986.
While the property was excluded from the ALR, the City was unable to change the Agricultural land
use designation because the subject property was designated Green Zone in Metro Vancouver’s
Livable Region Strategic Plan (LRSP). In 2008, a LRSP amendment to remove the property from the
Green Zone was approved by the Regional Board and the property owner expressed the intent to
rezone the property to the CS-1 (Service Commercial) zone, rectifying the car dealership use.
In 2010 the applicant applied to rezone the property. The car dealership at the time was
Chrysler/Dodge/Jeep, and the owner was pursuing the acquisition of a Hyundai dealership
franchise. The change to Hyundai required building improvements to match the new corporate
brand in its building design and colour palette.
Given the compressed timeline the owner had to acquire the Hyundai dealership, a parallel process
was pursued with the Board of Variance. In January 2011, the Board of Variance granted the
property owner approval under Section 911(5) and 901(2) of the Local Government Act for an
addition to the legal non-conforming car dealership on the subject property. Given that the age of
the existing building was nearing the end of its lifespan, the property owner planned to remove some
no longer needed accessory buildings, construct a new dealership building, and then remove the old
principal building. Because the floor space of the new building was equivalent to the existing
buildings, the Board of Variance granted the authority to proceed. Through this process, the
property owner was able to commence construction of the new building while maintaining operation
in the existing building; and the original building was demolished once the new building became
operational in November 2012.
Under the existing legal non-conforming use, the Local Government Act stipulates that a legally non-
conforming property is legally entitled to continue the use in perpetuity provided the use is not
discontinued for a continuous period of six months. The Local Government Act further restricts any
structural alterations to the building unless authorized by a Board of Variance ruling; as such
activities are viewed as extending the lifetime of the non-conforming use. Throughout the parallel
- 4 -
process with the Board of Variance it was understood that the applicant would complete the
rezoning application.
c) Planning Analysis:
Agricultural Land Commission Act:
The subject property was included in the ALR in 1972, and excluded in 1986. A car dealership use
was in operation on the subject property prior to inclusion in the ALR, and since that time has
operated as a legal non-conforming use in the M-2 (General Industrial) zone.
Regional Growth Strategy:
The subject property is designated General Urban in the Regional Growth Strategy. Additionally, the
property is within the Regional Urban Containment Boundary and the Fraser Sewerage Area;
therefore no regional approvals are required for this application. The regional land designation was
changed from Agricultural to Urban in 2008 as a result of a City-sought amendment to the LRSP. As
a result, Council now has the opportunity to bring the use into conformity, and a rezoning application
may now proceed.
Official Community Plan:
The subject property is currently designated Agricultural, and requires an amendment to the OCP to
re-designate the land use to Commercial and Conservation. This amendment is supportable, as the
property is within the Urban Area Boundary and the rezoning application is intended to reflect the
historic land use and facilitate the proposed commercial zoning of the property. The amendment will
also ensure that issues of non-conformance will be resolved. The requested OCP amendment
should therefore be considered a housekeeping amendment and is supportable on this basis.
Zoning Bylaw:
The property is currently zoned M-2 (General Industrial), which does not allow a car dealership as a
permitted use. The applicant proposes to rezone the subject property to CS-1 (Service Commercial)
in order to legitimize the historic non-conforming car dealership use on the property. The subject
property meets the CS-1 (Service Commercial) zoning provisions, therefore no variances to the
Zoning Bylaw are anticipated.
Proposed Variance:
The applicant has requested a variance to the Subdivision and Development Services Bylaw No.
4800-1993 to provide an alternative servicing standard that would not require improvement on the
south side of Tamarack Lane, which would require modification to the Dyking District 13 dyke by
widening the crest and filling in the roadside ditch. As a requirement of the building permit, the
applicant has provided in-trust funds for upgrades to the north side of Tamarack Lane including
road widening, curb and gutter, sidewalk, street lighting and storm drainage works on the north side.
This will provide the urban road improvements and pedestrian facilities appropriate for the CS-1
(Service Commercial) zone. The requested variance will be the subject of a future report to Council.
- 5 -
Development Permits:
Pursuant to Sections 8.9 and 8.10 of the OCP, a Watercourse Protection Development Permit is
required for all developments within 50 metres of the top of bank of watercourses and wetlands;
and a Natural Features Development Permit is required for all development in floodplain areas. The
requirements of this permit are outlined in the environmental section below.
Advisory Design Panel:
The Advisory Design Panel reviewed the form and character of the proposed commercial building
and the landscaping plans at a meeting held June 12, 2012. Comments and suggestions for
change were provided by the Advisory Design Panel members, and these design suggestions were
incorporated into the final building and landscape plans.
d) Interdepartmental Implications:
Engineering Department:
As a building permit has been completed in advance of the conclusion of the rezoning application,
the property owner has provided monies in trust equivalent to road widening, concrete curb and
gutter, sidewalk, street lighting and storm drainage works on Tamarack Lane; which would have
otherwise been secured for through a Rezoning Servicing Agreement. A Rezoning Servicing
Agreement will therefore not be required for this application.
Operations Department:
The Operations Department has reviewed the development of the subject property, and has advised
that two access agreements are required to formalize access to a municipal pump station at the
corner of Tamarack Lane and Lougheed Highway; as well as along Spencer Creek to facilitate
occasional dredging as a flood control measure for Albion Flats.
Environmental:
Environmental staff have reviewed the proposed development; and the habitat protection covenant
area, park dedication area, and stormwater management initiatives have been determined to be
suitable. The applicant proposes to enhance and replant all four property lines and register a
habitat protection covenant to ensure the planting is maintained within the green spaces along the
south, west and north property lines. A park dedication area along the east property line will be
replanted and the planted vegetation will be monitored and maintained over a five year period.
e) Intergovernmental Issues:
Local Government Act:
An amendment to the OCP requires the local government to consult with any affected parties and to
adopt related bylaws in compliance with the procedures outlined in Section 882 of the Act. The
amendment required for this application, from Agricultural to Commercial and Conservation, is
considered to be minor in nature as the purpose of the re-designation is to reflect the regional land
use designation and legitimize a historic use. 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.
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The amendment has been reviewed with the Financial Plan/Capital Plan and the Waste
Management Plan of the Greater Vancouver Regional District and determined to have no impact.
CONCLUSION:
The Metro Vancouver Regional District re-designated this property to Urban in 2008. Therefore, the
intent of this application is to bring the property’s zone and designation into compliance with its
existing use. As a result, this project is to rezone the subject property from M-2 (General Industrial)
to CS-1 (Service Commercial). An OCP amendment is required to re-designate the land use to
Commercial and Conservation. It is recommended that Official Community Plan Amending Bylaw
No. 6940-2012 be given first and second reading and forwarded to Public Hearing; and further that
Maple Ridge Zone Amending Bylaw No. 6834-2011 be given second reading and forwarded to
Public Hearing.
“Original signed by Amelia Bowden”
_______________________________________________
Prepared by: Amelia Bowden
Planning Technician
“Original signed by Christine Carter”
_______________________________________________
Approved by: Christine Carter, M.PL, MCIP
Director of Planning
“Original signed by Frank Quinn”
_______________________________________________
Approved by: Frank Quinn, MBA, P.Eng
GM: Public Works & Development Services
“Original signed by Jim Rule”
_______________________________________________
Concurrence: J. L. (Jim) Rule
Chief Administrative Officer
The following appendices are attached hereto:
Appendix A – Subject Map
Appendix B – Maple Ridge Official Community Plan Amending Bylaw 6940-2012
Appendix C – Maple Ridge Zone Amending Bylaw 6834-2011
Appendix D – Site Plan
DATE: Feb 19, 2015 FILE: RZ/115/10 BY: PC
CITY OF MAPLE RIDGE
PLANNING DEPARTMENT
PIA
SUBJECT PROPERTY
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Scale: 1:2,500
23213 LOUGHEED HWYLegend
\\Wetlands
GPS Creek CentrelinesStreams & Rivers (Topographic)Feature Type
Indefinite Creek Centreline
Ditch Centreline
River Centreline
Rivers & Lakes (Topographic)Feature Type
Canal
Flooded Land
Lake/Reservoir
Marsh
River
Major Rivers & Lakes
CITY OF MAPLE RIDGE
BYLAW NO. 6940-2012
A Bylaw to amend the Official Community Plan
_______________________________________
WHEREAS Section 882 of the Local Government Act provides that the Council may revise the
Official Community Plan;
AND WHEREAS it is deemed desirable to amend Schedules "B" & "C" to the Official Community Plan;
NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows:
1. This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending
Bylaw No. 6940-2012
2. Schedule "B" is hereby amended for that parcel or tract of land and premises known and
described as:
Lot “A” Except: Firstly: Part Highway on Plan 22870 and Secondly: Part Highway on Plan
25492, District Lot 275 Group 1 New Westminster District Plan 9085
and outlined in heavy black line on Map No. 841, a copy of which is attached hereto and
forms part of this Bylaw, is hereby re-designated as shown.
3. Schedule “C” is hereby amended for that parcel or tract of land and premises known and
described as:
Lot “A” Except: Firstly: Part Highway on Plan 22870 and Secondly: Part Highway on Plan
25492, District Lot 275 Group 1 New Westminster District Plan 9085
and outlined in heavy black line on Map No. 842, a copy of which is attached hereto and
forms part of this Bylaw, is hereby amended by adding Conservation as shown.
4. Maple Ridge Official Community Plan Bylaw No.6425-2006 is hereby amended accordingly.
READ A FIRST TIME the 10th day of March, 2015.
READ A SECOND TIME the 10th day of March, 2015.
PUBLIC HEARING HELD the day of ,20 .
READ A THIRD TIME the day of ,20 .
ADOPTED the day of ,20 .
___________________________________ _____________________________
PRESIDING MEMBER CORPORATE OFFICER
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MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No.Map No. From:
To:
6940-2012841Agriculture
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URBAN AREA BOUNDARY
Urban Area Boundary
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MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No.Map No.
PURPOSE:
6940-2012842
TO ADD AS CONSERVATION TO SCHEDULE C
URBAN AREA BOUNDARY
Urban Area Boundary
CITY OF MAPLE RIDGE
BYLAW NO. 6834-2011
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 City of Maple Ridge enacts as follows:
1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6834-2011."
2. That parcel or tract of land and premises known and described as:
Lot: A Except: Firstly: Part Highway on Plan 22870 and Secondly: Part Highway on Plan
25492; , D.L.: 275, Group 1, NWD Plan: 9085
and outlined in heavy black line on Map No. 1525 a copy of which is attached
hereto and forms part of this Bylaw, is hereby rezoned to CS-1 (Service Commercial).
3. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached
thereto are hereby amended accordingly.
READ a first time the 28th day of June, A.D. 2011.
READ a second time the 10th day of March, 2015.
PUBLIC HEARING held the day of ,20 .
READ a third time the day of ,20 .
APPROVED by the Minister of Transportation this day of ,20 .
ADOPTED the day of ,20 .
_____________________________ ____________________________
PRESIDING MEMBER CORPORATE OFFICER
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MAPLE RIDGE ZONE AMENDINGBylaw No.Map No. From:
To:
6834-20111525M-2 (General Industrial)
CS-1 (Service Commercial)