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HomeMy WebLinkAbout2015-10-20 Public Hearing Meeting Agenda and Reports.pdf City of Maple Ridge PUBLIC HEARING October 20, 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, October 20, 2015 to consider the following bylaws: 1a) 2014-019-RZ MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING BYLAW NO. 7086-2014 PURPOSE: To amend Schedule “A” of the Official Community Plan PURPOSE: That Chapter 6 Employment Section 6.3.1 policy 6-22 is amended by adding ‘Village Commercial Node’ preceding ‘Rural Commercial’. PURPOSE: That Chapter 6 Employment Section 6.3.2 Commercial Designations is amended by adding ‘c) Village Commercial Node’ following b) Community Commercial Node and renumbering the remainder of the list accordingly PURPOSE: That Chapter 6 Employment is amended by adding the following as Section 6.3.6 and renumbering the remainder of the Sections and Policies accordingly. ‘6.3.6 Village Commercial Node Issues:  Population growth in east Maple Ridge and in existing developed areas may create a need for Village Commercial Nodes outside of the Urban Area Boundary.  Village Commercial Nodes are comprised of commercial developments that typically serve more than one neighbourhood and provide a range of daily convenience shopping and limited community retail opportunities. Commercial space within the Village Commercial Node is typically less than 2,400m2 (25,833 ft2) in area.  Properties designated Commercial at the intersection of 248 Street and Dewdney Trunk Road is within the Metro Vancouver Fraser Sewer Area and for that reason is suitable for village commercial development. Objective:  To facilitate Village Commercial Nodes at key locations throughout the City to provide a mix of daily convenience shopping and limited community retail opportunities. Policies: 6-30 Maple Ridge will encourage the development of Village Commercial Nodes that serve a variety of daily convenience and commercial shopping needs within close proximity to established and/or emerging neighbourhoods. 6-31 The Village Commercial Node is located outside the Urban Area Boundary but is within the Metro Vancouver Fraser Sewer Area. Similar properties located at other key intersections may also be suitable for village commercial development. 6-32 The establishment of Village Commercial Nodes will serve as an intermediary scale between the Community Commercial Nodes and Neighbourhood Commercial Centres and incorporates limited components of each category. As such, they are typically less than 2,400m2 (25,833 ft2) in area. 6-33 Commercial developments proposed as part of a Village Commercial Node will be considered subject to satisfying Zoning Bylaw and Parking Bylaw requirements, site access, traffic, must be designed to be compatible with the surrounding area and will be evaluated against the following: i. adherence to additional design criteria as detailed in the Section 8 Development Permit Area Guidelines section of the Official Community Plan; ii. commercial building(s) along the street frontage, within 25 m of the intersection; iii. the ability of the existing infrastructure to support the new development.’ PURPOSE: That the following sentence be deleted from the Issues section of the Neighbourhood Commercial Centres: ‘Property designated commercial at 248 Street and Dewdney Trunk Road is within the Metro Vancouver Fraser Sewer Area and for that reason is suitable for neighbourhood commercial development.’ PURPOSE: That Appendix E (in the OCP) Figure 2 ‘Community Commercial, Village Commercial and Historic Commercial Centres’ is amended by deleting, in its entirety, and replacing it with Map 1. 1b) 2014-019-RZ MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDING BYLAW NO. 7171-2015 LEGAL: A portion of Lot 21, Section 23, Township 12, New Westminster District, Plan 15267 LOCATION: 24837 Dewdney Trunk Road PURPOSE: To Amend Schedule “B” of the Official Community Plan FROM: Estate Suburban Residential TO: Commercial 1c) 2014-019-RZ MAPLE RIDGE ZONE AMENDING BYLAW NO. 7070-2014 LEGAL: Lot 22 and a portion of Lot 21, both of Section 23, Township 12, New Westminster District, Plan 15267 LOCATION 24815 & 24837 Dewdney Trunk Road FROM: RS-1 (One Family Urban Residential) TO: C-2 (Community Commercial) PURPOSE To permit the construction of two commercial buildings with six ground level commercial units and two rental residential units on a second floor 2) 2014-110-RZ MAPLE RIDGE ZONE AMENDING BYLAW NO. 7123-2014 LEGAL: South ½ Lot 5, Except Part in Plan LMP2415, Section 17, Township 12, New Westminster District, Plan 8881 LOCATION 11716 Burnett Street FROM: RS-1 (One Family Urban Residential) TO: R-1 (Residential District) PURPOSE To permit a future subdivision of approximately 3 single family lots. 3) 2015-160-RZ MAPLE RIDGE ZONE AMENDING BYLAW NO. 7165-2015 PURPOSE: To increase the maximum height of principal dwellings in residential zones to a unified 11.0 metres across all single family zones and in specific multi- family zones. 4) 2015-212-RZ MAPLE RIDGE ZONE AMENDING BYLAW NO. 7162-2015 PURPOSE: To amend the Maple Ridge Zoning bylaw to prohibit the sale of liquor and wine in grocery stores by adding the following under Part 4, GENERAL REGULATIONS, Section 401(3); g) The sale in or from a grocery store, or in or from a store located in a grocery store, of beer, cider, wine or spirits, or any other product intended for human consumption, that contains more than 1% alcohol by volume, except a product produced primarily for cooking purposes 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 October 8, 2015 to October 20, 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., October 20, 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 8th day of October, 2015. Ceri Marlo Manager of Legislative Services DEVELOPMENT APPLICATION CHECKLIST FOR FILE 2014-019-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: 1. - 1 - City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: September 14, 2015 and Members of Council FILE NO: 2014-019-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: First and Second Reading Official Community Plan Amending Bylaw No. 7171-2015 Second Reading Zone Amending Bylaw No. 7070-2014 24815 & 24837 Dewdney Trunk Road; 12040 248 Street EXECUTIVE SUMMARY: An application has been received to rezone the subject property, located at 24815 Dewdney Trunk Road, from RS-1 (One Family Urban Residential) to C-2 (Community Commercial), to permit the construction of two commercial buildings with six (6) ground level commercial units and two (2) rental residential units on a second floor (see Appendix F). The applicant has recently purchased the adjacent property to the east, located at 24837 Dewdney Trunk Road, and will be including approximately 130 m² of the western portion of the additional property into the commercial development to improve its functionality. Council granted first reading to Zone Amending Bylaw No. 7070-2014 and Official Community Plan (OCP) Bylaw No. 7086-2014 on May 27, 2014 and second reading to Zone Amending Bylaw No. 7070-2014 and OCP Bylaw No. 7086-2014 on July 28, 2015. The addition of the western 130 m² portion of 24837 Dewdney Trunk Road will require that second reading to Zone Amending Bylaw No. 7070-2014 be rescinded, amended and granted second reading to rezone the subject properties from RS-1 (One Family Urban Residential) to C-2 (Community Commercial). A new OCP Amending Bylaw No. 7171-2015 will be required for the land use designation change to the portion of the property located at 24837 Dewdney Trunk Road from Estate Suburban Residential to Commercial, as outlined in the ‘Recommendation’ section. No changes are required to the existing OCP Amending Bylaw No. 7086-2014 (see Appendix D). Summary of Bylaw changes:  Zone Amending Bylaw No. 7070-2014: rescind second reading and amend to include 130 m² of the western portion of 24837 Dewdney Trunk Road;  New OCP Amending Bylaw No. 7171-2015: first and second reading; and  Existing OCP Amending Bylaw No. 7086-2014: no changes. The minimum lot size for the current RS-1 (One Family Urban Residential) zone is 668 m2. Note that Zone Amending Bylaw No. 7070-2014 has been amended since it received first reading on May 27, 2014 to exclude the property located at 12040 248 Street from the current application to the C-2 (Community Commercial) zone. The Commercial and Industrial Strategy prepared by GP Rollo and Associates discusses commercial nodes located in various locations of the City. Through a development enquiry on the subject site, GP Rollo and Associates was asked to prepare a comparison on the viability of a commercial node at 248 Street and Dewdney Trunk Road and the impacts it may have on the historic commercial node - 2 - located at 256 Street and Dewdney Trunk Road in Webster’s Corner. That addendum to the Commercial and Industrial Strategy was presented to Council in September 2013, and indicates that a commercial node at 248 Street and Dewdney Trunk Road would be viable based on its location and inclusion in the Greater Vancouver Fraser Sewer Area. The addendum has been included as an attachment to this report as Appendix J. The creation of a new Village Commercial category in the OCP will provide a greater level of commercial opportunities in key locations within the City. The intent of the Village Commercial category is to serve as an intermediary scale between the Community Commercial Nodes and Neighbourhood Commercial Centres, incorporating limited components of each category. RECOMMENDATIONS: 1) That, in accordance with Section 879 of the Local Government Act, opportunity for early and on-going consultation has been provided by way of posting Official Community Plan Amending Bylaw No. 7171-2015 on the municipal website, and Council considers it unnecessary to provide any further consultation opportunities, except by way of holding a Public Hearing on the bylaw; 2) That Official Community Plan Amending Bylaw No. 7171-2015 be considered in conjunction with the Capital Expenditure Plan and Waste Management Plan; 3) That it be confirmed that Official Community Plan Amending Bylaw No. 7171-2015 is consistent with the Capital Expenditure Plan and Waste Management Plan; 4) That Maple Ridge Official Community Plan Amending Bylaw No. 7171-2015 be given first and second reading and be forwarded to Public Hearing, along with companion Official Community Plan Amending Bylaw No. 7086-2014; 5) That second reading to Maple Ridge Zone Amending Bylaw No. 7070-2014 be rescinded, amended and granted second reading as identified in the staff report dated July 20, 2015 and September 14, 2015, and be forwarded to Public Hearing; 6) That the following terms and conditions be met prior to final reading: i) Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of a security, as outlined in the Agreement; ii) Road dedication as required; iii) Consolidation of the subject properties; iv) Registration of a Reciprocal Cross Access Easement Agreement with 12040 248 Street; v) Registration of a Restrictive Covenant for protecting of the required Residential and Visitor Parking; vi) Registration of a Restrictive Covenant for Stormwater Management; vii) Registration of a Housing Agreement in accordance with Section 905 of the Local Government Act and a Restrictive Covenant stating that the second floor of Building 2 will be restricted to residential rental unit use only; and - 3 - viii) In addition to the site profile, a disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks on the subject property. If so, a Stage 1 Site Investigation Report is required to ensure that the subject property is not a contaminated site. DISCUSSION: 1) Background Context: Applicant: Rudy Di Giovanni Owner: 0981077 BC Ltd. Legal Description: Lot 22 Section 23 Township 12 NWD Plan 15267 Lot 21 Section 23 Township 12 NWD Plan 15267 OCP: Existing: Commercial (Neighbourhood), Estate Suburban Residential Proposed: Commercial - with the creation of a new Village Commercial category Zoning: Existing: RS-1 (One Family Urban Residential) Proposed: C-2 (Community Commercial) Surrounding Uses: North: Use: Office (Albion FC) Zone: CS-1 (Service Commercial) Designation: Commercial South: Use: Single-Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Estate Suburban Residential East: Use: Single-Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Estate Suburban Residential West: Use: High School (Garibaldi Secondary) Zone: P-1 (Park and School) Designation: Institutional Existing Use of Property: Vacant Proposed Use of Property: Commercial Site Area: Rezoning: 0.208 ha (0.51 acres) OCP: 0.378 ha (0.93 acres) Access: 248 Street; Dewdney Trunk Road Servicing: Urban 2) Background: The current application is proposing to rezone the subject property, located at 24815 Dewdney Trunk Road, from RS-1 (One Family Urban Residential) to C-2 (Community Commercial) to permit the construction of two commercial buildings with six (6) commercial units on the ground floor and two - 4 - (2) rental residential units on a second floor. The applicant has recently purchased the property directly east, located at 24837 Dewdney Trunk Road, and will be rezoning approximately 130 m² of the western portion of the property from RS-1 (One Family Urban Residential) to C-2 (Community Commercial), an area equivalent to 3.05 m (10 ft.) X 43 m (140 ft.). The remaining portion of 24837 will retain the existing house and keep its designation of Estate Suburban Residential, as well as, the existing zoning of RS-1 (One Family Urban Residential). At a later date the owner intends to rezone the lot north of the subject properties, located at 12040 248 Street, from CS-1 (Service Commercial) to C-2 (Community Commercial) to align zones with the southern lot. The application at first reading included both properties located at 12040 248 Street and 24815 Dewdney Trunk Road to be rezoned; however, now the lot at 24815 Dewdney Trunk Road and 130m² of 24837 Dewdney Trunk Road will proceed to C-2 (Community Commercial) at this time. It is the applicant’s intention to assess the needs of the surrounding area with the current application and then develop the northern lot based on future needs. The OCP amendment to the proposed Village Commercial however, will establish a new Village Commercial node that will include both the southern and northern properties. 3) Project Description: Form and Character: The proposed development will contain two commercial buildings with a total of six (6) commercial units on the ground floor and two (2) rental residential units on a second floor. Proposed Building 1 is a single storey structure that will contain one commercial unit. The total area of Building 1 is approximately 180 m² (1,936 ft²), which the applicant is intending to lease to a food tenant. Building 2 will consist of five commercial units on the ground floor and two rental residential units above on the second floor. A housing agreement will be put in place to keep the residential units as rental space only and a Restrictive Covenant will be registered on title for residential parking. The floor space for the commercial component of Building 2 is approximately 473 m² (5,094 ft²) and the floor space of the two residential units on the second floor combined is approximately 247 m² (2,656 ft²). Building materials will consist of hardie board painted in the traditional colours of yellow, red, blue and green. A charcoal metal roof will be used for both buildings; goose-neck lighting to accentuate signage; black framed aluminum cased windows; and black metal awnings covering the outer windows. Circulation and Parking: Access to the subject property is proposed from 248 Street, as well as a second proposed access in the form of a right-in-only, westbound, from Dewdney Trunk Road. The required amount of parking for the development site is 24 stalls, however, 38 stalls are being provided, including 2 for the residential units, 2 small car, 1 for persons with disabilities and 1 designated for a loading bay. Part of the property to the north will be used as additional parking with access to this site provided through a Cross Access Easement Agreement (see Appendix F). Pedestrian connectivity is provided throughout the development via raised stamped concrete crossings and various access points from both frontages. Landscaping: Landscaping will occur along the two property frontages of Dewdney Trunk Road and 248 Street. The existing cedar trees will remain along the eastern property boundary, along with additional cedar hedges and a cedar fence to separate the neighbouring properties. An outdoor patio is proposed on Building 1, along with a cedar pergola. Outdoor amenity space with landscaping and bench seating is to be located on the interior portion of the development, in order to deter students from the schools congregating in front of proposed Building 1 (see Appendix H). - 5 - 4) Planning Analysis: i) Official Community Plan: The development site is located at the intersection of Dewdney Trunk Road and 248 Street and is outside of the Urban Area Boundary identified on Schedule “B” of the Official Community Plan. The current commercial classification for this location is Neighbourhood Commercial, as outlined in Section 6.3.6 of the Official Community Plan (Bylaw No. 7060- 2014). The current land use designation of the western portion of 24837 Dewdney Trunk Road is Estate Suburban Residential, to be re-designated to Commercial. A new commercial category of ‘Village Commercial’ is being proposed through this development application, supported by the recommendations of the Commercial and Industrial Strategy. GP Rollo and Associates were asked to evaluate the viability of an expansion to the Neighbourhood Commercial Node at the intersection of Dewdney Trunk Road and 248 Street, including the impact it could have on the Historic Commercial Node of Webster’s Corners located at Dewdney Trunk Road and 256 Street. The addendum to the Strategy was presented to Council in September 2013, and indicates that a Commercial Node at 248 Street and Dewdney Trunk Road would be viable based on:  its strategic location in east Maple Ridge to capture increased commercial demand as the population grows; and  its inclusion in the Greater Vancouver Fraser Sewer Area. The addendum to the Strategy has been included in Appendix J to this report. Proposed Village Commercial Policies Issues:  Population growth in east Maple Ridge and in existing developed areas has created a need for Village Commercial Nodes outside of the Urban Area Boundary.  Village Commercial Nodes are comprised of commercial developments that typically serve more than one neighbourhood and provide a range of daily convenience shopping and limited community retail opportunities. Commercial space within the Village Commercial Node is typically less than 2,400m2 (25,833 ft2) in area.  Property designated commercial at 248 Street and Dewdney Trunk Road is within the Metro Vancouver Fraser Sewer Area and for that reason is suitable for Village Commercial development. Objective:  To facilitate Village Commercial Nodes at key locations throughout the City which provide a mix of daily convenience shopping and limited community retail opportunities. - 6 - Policies:  Maple Ridge will encourage the development of Village Commercial Nodes that serve a variety of daily convenience and commercial shopping needs within close proximity to established and/or emerging neighbourhoods.  The Village Commercial Node is located outside the Urban Area Boundary but is within the Metro Vancouver Fraser Sewer Area. Similar properties located at other key intersections may also be suitable for Village Commercial development.  The establishment of Village Commercial Nodes will serve as an intermediary scale between the Community Commercial and Neighbourhood Commercial nodes that incorporates limited components of each category. As such, they are typically less than 2,400m2 (25,833 ft2) in area.  Commercial developments proposed as part of a Village Commercial Node will be considered subject to satisfying Zoning Bylaw and Parking Bylaw requirements, site access, traffic, must be designed to be compatible with the surrounding area and will be evaluated against the following: o adherence to additional design criteria as detailed in the Section 8 Development Permit Area Guidelines section of the Official Community Plan; o commercial building(s) along the street frontage in the Village Commercial Nodes will typically fall within 25 m of the intersection; o the ability of the existing infrastructure to support the new development. In addition to the new Commercial category, a number of other amendments to the OCP are required as part of the OCP Amending Bylaw No. 7086-2014 in order to align the ‘Village Commercial Node’ policies within the overall commercial framework. These changes include:  Adding ‘Village Commercial Node’ in Section 6.3.1 policy 6-22 as a permitted commercial area outside of the Urban Area Boundary;  Adding ‘Village Commercial Node’ in Section 6.3.2 Commercial Designations as item ‘c)’ following Community Commercial Node;  Deleting the following sentence from the Issues section of the Neighbourhood Commercial Centres: ‘Property designated at 248th Street and Dewdney Trunk Road is within the Metro Vancouver Fraser Sewer Area and for that reason is suitable for neighbourhood commercial development.’; and  Adding ‘Village Commercial Node’ to Appendix D, Figure 2 at the intersection of 248th Street and Dewdney Trunk Road. Metro Vancouver Regional Growth Strategy: Rural Rural areas are intended to protect the existing character of rural communities, landscapes and environmental qualities. Land uses include low density residential development, small scale commercial, industrial, and institutional uses, and agricultural uses that do not require the provision of urban services such as sewer or transit. Rural areas are not intended as future urban development areas, and generally will not have access to regional sewer services. - 7 -  The subject properties are currently designated Rural in the Metro Vancouver Regional Growth Strategy, which allows for small scale commercial uses. This area is also within the Fraser Sewer Area. No changes are required to the Metro Vancouver Regional Growth Strategy. ii) Zoning Bylaw: The current application proposes to rezone the properties, located at 24815 Dewdney Trunk Road and a portion of 24837 Dewdney Trunk Road, from RS-1 (One Family Urban Residential) to C-2 (Community Commercial) to permit the construction of two commercial buildings with six (6) commercial units at ground level and two (2) residential units on a second floor. The proposed development would align with the proposed new ‘Village Commercial Node’ category that recommends a maximum of 2,400 m2 (25,833 ft2) of commercial floor space be permitted in this location. The applicant has requested a variance to increase the height of the buildings to enable the two rental residential units on the second floor, and to reduce the exterior and rear setback requirements. It is important to note that Zone Amending Bylaw No. 7070-2014 has been amended since it received first reading on May 27, 2014 to exclude the property located at 12040 248 Street from the current application to the C-2 (Community Commercial) zone. The applicant has also requested to add a 130 m² portion of 24837 Dewdney Trunk Road into the commercial development. iii) Proposed Variances: A Development Variance Permit application has been received for this project and involves the following relaxations:  Maple Ridge Zoning Bylaw No. 3510-1985, Part 7, Section 702, Community Commercial, 6 a: To increase the maximum building height from 7.5 metres (25 ft.) to 10.4 metres (34 ft.).  Maple Ridge Zoning Bylaw No. 3510-1985, Part 7, Section 702, Community Commercial, 7 b: To reduce the minimum rear yard setback from 6 metres (20 ft.) to 1.7 metres (6 ft.).  Maple Ridge Zoning Bylaw No. 3510-1985, Part 7, Section 702, Community Commercial, 7 c: To reduce the minimum exterior yard setback from 3 metres (10 ft.) to 1.9 metres (6 ft.). The requested variances to the C-2 (Community Commercial) zone will be the subject of a future Council report. iv) Development Permits: Pursuant to Section 8.5 of the Official Community Plan, a Commercial Development Permit application is required to address the current proposal’s compatibility with adjacent development, and to enhance the unique character of the community in accordance with the following key development permit guidelines: 1. Avoid conflicts with adjacent uses through sound attenuation, appropriate lighting, landscaping, traffic calming and the transition of building massing to fit with adjacent development; - 8 - 2. Encourage a pedestrian scale through providing outdoor amenities, minimizing the visual impact of parking areas, creating landmarks and visual interest along street fronts; 3. Promote sustainable development with multimodal transportation circulation, and low impact building design; 4. Respect the need for private areas in mixed use development and adjacent residential areas; and 5. The form and treatment of new buildings should reflect the desired character and pattern of development in the area by incorporating appropriate architectural styles, features, materials, proportions and building articulation. v) Advisory Design Panel: The Advisory Design Panel reviewed the form and character of the proposed commercial development and the landscaping plans at a meeting held June 9, 2015. The ADP concerns have been addressed and are reflected in the current plans. The Advisory Design Panel resolution and responses from the project architect are included as Appendix I. vi) Development Information Meeting: A Development Information Meeting was held at Blue Mountain Elementary on July 6, 2015. Four people attended the meeting. A summary of the main comments and discussions with the attendees was provided by the applicant and include the following main points:  Concern about garbage from the development being deposited on Smith Street by local students.  Concern of traffic noise coming in and out of the development and the location of entrance into the site.  Concern that the pedestrian crossing at 248 Street and Smith Avenue is going to be relocated to the south side of the intersection from the existing north side.  Concern about site improvements and drainage. The following are provided in response to the issues raised by the public:  Site maintenance would be done on a regular basis, and would extend to cover the street.  Noise from traffic and parking lot will be buffered, as well as existing traffic noise will be further reduced by the location of the proposed buildings along the east property line (current development) and north property line (future development). Commercial entrance is proposed off 248 Street, and not Smith Ave.  Having the sidewalk on the north side of the intersection allows it to line up with the sidewalk. One local resident had petitioned the City 20 years ago to have it changed to its current location.  Street upgrades, including sidewalks will be provided on all frontages. Stormwater Management is required for the site, and drainage will be directed south. - 9 - 5) Interdepartmental Implications: Engineering Department: The Engineering Department has determined that upgrades are required for curb and gutter, road widening on all frontages, possible sanitary sewer and water service upgrades, sidewalks on all frontages, existing drainage ditches to be eliminated, and street lighting and street trees required. A Traffic Impact Study has been submitted by Creative Transportation Solutions Ltd. (CTS). The Engineering Department has provided feedback on the report, and is working with the applicant and CTS to determine the feasibility of traffic patterns and access to the development site. 6) School District No. 42 Comments: The School District has noted that the subject properties fall within the Blue Mountain Elementary and Garibaldi Secondary school catchments. For the 2014-15 school year, Blue Mountain Elementary is at 65% utilization. In terms of secondary school enrollment capacity, for the 2014- 2015 school year, the student enrolment at Garibaldi Secondary is at 63% utilization, including 290 out-of-catchment students. Therefore, there is available elementary and secondary school capacity for the proposed development. 7) Intergovernmental Issues: Local Government Act: An amendment to the OCP requires the local government to consult with any affected parties and to adopt related bylaws in compliance with the procedures outlined in Section 882 of the Local Government Act. The amendment required for this application, the creation of a new Village Commercial category, was discussed as part of the preparation of the Commercial and Industrial Strategy. It has been determined that no additional consultation beyond existing procedures is required, including referrals to the Board of the Regional District, the Council of an adjacent municipality, First Nations, the School District or agencies of the Federal and Provincial Governments. The amendment has been reviewed with the Financial Plan/Capital Plan and the Waste Management Plan of the Greater Vancouver Regional District and determined to have no impact. 8) Citizen Implications: A Development Information Meeting was held on July 6, 2015. The results of the concerns expressed at that meeting are discussed above. The Public Hearing will provide an additional venue for citizens to express their concern or support of the development. CONCLUSION: The subject application will permit construction of six commercial units and two rental residential units in two buildings. The applicant has requested that an additional 130 m² of the western portion of 24837 Dewdney Trunk Road be included in the commercial development. A new commercial land use type is proposed for the intersection of 248 Street and Dewdney Trunk Road. The creation of a new Village Commercial category in the OCP will provide a greater level of commercial opportunities in key locations within the City. The intent of the Village Commercial category is to serve as an - 10 - intermediary scale between the Community Commercial Nodes and Neighbourhood Commercial Centres, incorporating limited components of each category. It is recommended that first and second reading be given to OCP Amending Bylaw No. 7171-2015, that second reading be rescinded and amended for Zone Amending Bylaw No. 7070-2014 to include the portion of 24837 Dewdney Trunk Road, and that application 2014-019-RZ be forwarded to Public Hearing. “Original signed by Adam Rieu” _______________________________________________ Co-Prepared by: Adam Rieu Planning Technician “Original signed by Jim Charlebois” _______________________________________________ Co-Prepared by: Jim Charlebois, MURP, RPP, MCIP Manager of Community Planning “Original signed by Christine Carter” _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Christine Carter” for _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services “Original signed by Kelly Swift” _______________________________________________ Concurrence: Kelly Swift Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – 2011 Ortho Map Appendix C – OCP Amending Bylaw No. 7171-2015 Appendix D – OCP Amending Bylaw No. 7086-2014 Appendix E – Zone Amending Bylaw No. 7070-2014 Appendix F – Site Plan Appendix G – Building Elevation Plans Appendix H – Landscape Plan Appendix I – Advisory Design Panel Comments and Responses Appendix J – Potential for Community Serving Commercial at 248 and Dewdney Trunk Road, GP Rollo and Associates, August 19, 2013 City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Sep 3, 2015FILE: 2014-019-RZ BY: PC PLANNING DEPARTMENT 24 8 A S T .248 ST.248 ST.SMITH AVE.249 ST.238341196124789 12071 119551195424865119 4 3 12067 2487312098 2488312104 119 3 1 11919 12082 24815247962486511981 24850120821194024821248512487024893119262488824852248352484012 0 7 5 12076 12072 12040 2483712062 2489612068 2486011953 11966 2487712 0 8 5 24883´ Scale: 1:1,500 24815, 24837 DEWDNEY TRUNK &12040 248 STREET DEWDNEY TRUNK RD SUBJECT PROPERTIES 248 ST City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Sep 3, 2015FILE: 2014-019-RZ BY: PC PLANNING DEPARTMENT 24 8 A S T .248 ST.248 ST.SMITH AVE.249 ST.2383411961 12071 24789119542486512067 2487312098 11955119 4 3 119 3 1 2488311919 12104 12082 11981 24815247961208224865248502482124851248931194024888248522487011926248352484012072 12040 12 0 7 5 2483712076 12068 248602488311953 12062 248962487711966 12 0 8 5 City of Maple Ridge´ Scale: 1:1,500 24815, 24837 DEWDNEY TRUNK &12040 248 STREET(2011 IMAGERY) DEWDNEY TRUNK RD SUBJECT PROPERTIES 248 ST CITY OF MAPLE RIDGE BYLAW NO. 7171-2015 A Bylaw to amend the Official Community Plan Bylaw No. 7060-2014 _______________________________________________________________________________ WHEREAS Section 882 of the Local Government Act provides that the Council may revise the Official Community Plan; AND WHEREAS it is deemed expedient to amend Schedule "B" to the Official Community Plan; NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows: 1. This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending Bylaw No. 7171-2015." 2. That parcel or tract of land and premises known and described as: Lot 21 Section 23 Township 12 New Westminster District Plan15267 and outlined in heavy black line on Map No. 915, a copy of which is attached hereto and forms part of this Bylaw, is hereby redesignated to Commercial. 3. Maple Ridge Official Community Plan Bylaw No. 7060-2014 is hereby amended accordingly. READ A FIRST TIME the 29th day of September, 2015. READ A SECOND TIME the 29th day of September, 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 11961 1 2 0 6 7 11953 248132482524849248401195411945 11981 248811192624789119662481524865 24873248701204024821 248522485024883248832479612062 2383411943119312486524860 1195511916 2483724835248372485111919 2488824861248732487711940248A ST.248 ST.249 ST.3 1 47 20 25 10 27 3 P 23760P 152673 17 N 120' 30P 71405 5 33 19 28 4 46 29 22 23 LMP 842724 9 31 34 P 29467 P 240392 of 1P 6316 P 15267 2 P 71405 17 21 35 26 1 1 4 28 P 714058 32 18 EP 71406 EP 73318RW 22043 EP 71406DEWDNEY TRUNK RD. ´ SCALE 1:1,500 MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No. Map No. From: To: Estate Suburban Residential Commercial 7171-2015915 CITY OF MAPLE RIDGE BYLAW NO. 7086-2014 A Bylaw to amend the Official Community Plan Bylaw No. 7060-2014 _______________________________________ WHEREAS Section 882 of the Local Government Act provides that the Council may revise the Official Community Plan; AND WHEREAS it is deemed desirable to amend Schedule "A" to the Official Community Plan; NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows: 1. This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending Bylaw No. 7086-2014. 2. That Chapter 6 Employment Section 6.3.1 policy 6-22 is amended by adding ‘Village Commercial Node’ preceding ‘Rural Commercial’. 3. That Chapter 6 Employment Section 6.3.2 Commercial Designations is amended by adding ‘c) Village Commercial Node’ following b) Community Commercial Node and renumbering the remainder of the list accordingly. 4. That Chapter 6 Employment is amended by adding the following as Section 6.3.6 and renumbering the remainder of the Sections and policies accordingly: ‘6.3.6 Village Commercial Node Issues:  Population growth in east Maple Ridge and in existing developed areas may create a need for Village Commercial Nodes outside of the Urban Area Boundary.  Village Commercial Nodes are comprised of commercial developments that typically serve more than one neighbourhood and provide a range of daily convenience shopping and limited community retail opportunities. Commercial space within the Village Commercial Node is typically less than 2,400m2 (25,833 ft2) in area.  Properties designated Commercial at the intersection of 248 Street and Dewdney Trunk Road is within the Metro Vancouver Fraser Sewer Area and for that reason is suitable for village commercial development. Objective:  To facilitate Village Commercial Nodes at key locations throughout the City to provide a mix of daily convenience shopping and limited community retail opportunities. Policies: 6-30 Maple Ridge will encourage the development of Village Commercial Nodes that serve a variety of daily convenience and commercial shopping needs within close proximity to established and/or emerging neighbourhoods. 6-31 The Village Commercial Node is located outside the Urban Area Boundary but is within the Metro Vancouver Fraser Sewer Area. Similar properties located at other key intersections may also be suitable for village commercial development. 6-32 The establishment of Village Commercial Nodes will serve as an intermediary scale between the Community Commercial Nodes and Neighbourhood Commercial Centres and incorporates limited components of each category. As such, they are typically less than 2,400m2 (25,833 ft2) in area. 6-33 Commercial developments proposed as part of a Village Commercial Node will be considered subject to satisfying Zoning Bylaw and Parking Bylaw requirements, site access, traffic, must be designed to be compatible with the surrounding area and will be evaluated against the following: i. adherence to additional design criteria as detailed in the Section 8 Development Permit Area Guidelines section of the Official Community Plan; ii. commercial building(s) along the street frontage, within 25 m of the intersection; iii. the ability of the existing infrastructure to support the new development.’ 5. That the following sentence be deleted from the Issues section of the Neighbourhood Commercial Centres: ‘Property designated Commercial at 248 Street and Dewdney Trunk Road is within the Metro Vancouver Fraser Sewer Area and for that reason is suitable for neighbourhood commercial development.’ 6. That Appendix E (in the OCP) Figure 2 ‘Community Commercial, Village Commercial and Historic Commercial Centres’ is amended by deleting, in its entirety, and replacing it with Map 1 attached hereto and forming part of the Bylaw . 7. Maple Ridge Official Community Plan Bylaw No.7060-2014 as amended is hereby amended accordingly. READ A FIRST TIME the 27th day of May, 2014. READ A SECOND TIME the 28th day of July, 2015. PUBLIC HEARING HELD the day of , 20 . READ A THIRD TIME the day of , 20 . ADOPTED the day of , 20 . ___________________________________ _____________________________ PRESIDING MEMBER CORPORATE OFFICER ´JULY 14, 2015 Figure 2.COMMUNITY COMMERCIAL NODES, VILLAGE COMMERCIAL NODES AND HISTORIC COMMERCIAL CENTRESCORPORATION OFTHE DISTRICT OFPLANNING DEPARTMENTCity ofPitt MeadowsDistrict of MissionFras er RiverWhonnockWhonnockCrDEWDNEY TRUNK RD240 ST248 ST252 ST256 ST112 AVE104 AVE124 AVE100 AVE102 AVEGRANT AVE256 ST272 ST276 ST280 ST104 AVE108 AVE96 AVE264 ST112 AVEMCNUTT RD264 ST124 AVE128 AVE128 AVE130 AVEALOUETTE RD132 AVE136 AVE132 AVE216 STABERNETHY WAY232 STCEDAR WAYPARK LANELOUGHEED HWY216 STLakeK a nakaCreekN o r t h AlouetteRiverA lo u etteRiver116 AVE277 STBELL AVE268 STFERGUSONAVE116 AVEMARC RD224 STLAITY ST110 AVE144 AVECOMMUNITY COMMERCIAL NODES (SUBJECT TO SECTION 6.3.5)Adopted Feb 11, 2014Bylaw No. 7060-2014MAPLE RIDGE^_^_^_^_^_^_^_^_!(!(!(!(HISTORIC COMMERCIAL CENTRES (SUBJECT TO SECTION 6.3.8) URBAN AREA BOUNDARYNot To Scale")VILLAGE COMMERCIAL NODES (SUBJECT TO SECTION 6.3.6)") CITY OF MAPLE RIDGE BYLAW NO. 7070-2014 A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 - 1985 as amended ___________________________________________________________ WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended; NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows: 1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7070-2014." 2. That parcel or tract of land and premises known and described as: Lot 22 Section 23 Township 12 New Westminster District Plan 15267 Lot 21 Section 23 Township 12 New Westminster District Plan 15267 and outlined in heavy black line on Map No. 1614 a copy of which is attached hereto and forms part of this Bylaw, are hereby rezoned to C-2 (Community Commercial). 3. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the 27th day of May, 2014. READ a second time the 28th day of July, 2015. RESCINDED, amended and re-read a second time the 29th day of September, 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 2471011961 11929 12104 1 2 0 6 7 11888 11955 1196524920 1207324915 2494711953 2481312082 24825248492484024836119542489724910249021189524907 249301196024926120612467924750 11945 11981 248082488424881248662487811926 2488811950 249442478911966 2481512071 24865248732487011880 1189424877 2492712069 1204024821 24820248142481912075 2485224850120821 2 0 7 6 248722488324883248872489511885 2493224625247961206224805 238341194311931248652486024854 248631195511916 24893248981197524907 249222494012072 12098 248372483512085 248482483724835248602485111919 24888249092491612079 11970 11937 248262482724861248461 2 0 6 8 24873248771194 0 2489624910249212491224940CRAWFORD ST.249A ST.24 8 A S T. SMITH AVE.248 ST.248 ST.119 AVE. 121 AVE. 119 AVE.249 ST.249A ST.249A ST.3 1 47 20 20 LMP 8427 20 25 10 4 27 2 P 7140516 P 71554 LMP 1245213A 4 50 3 P 23760P 152673 17 8 11 18 17 14 12 33 P 6316 3 6 N 120' 30P 71405 5 7 P 7140518 33 19 LMP 1245211 1 3 32 P 15267 3 4 9 8 4 7 28 4 46 48 29 22 23 LMP 84276 24 9 16 3 LMP 842712 10 6 P 15267 15 26P 1526731 19 34 13 P 7140529 10 2 31 LMP 2710 21 LMP 12452 12 5 P 53014 P 29467 P 240392 of 1P 6316 49 P 15267 2 17 P 17924 15 P 71405P 152675 9 1 30 2 2 17 5 27 18 21 35 26*PP1021 1 14 4 28 1 13 30 P 17924 19 P 714058 5 17 32 18 E 1/2 449 7 10 LMP 12454EP 71406 LMP12453 LMP 8428 EP 73318 LMP 12453EP 71406EP 71406 LMP 2711 EP 71406 RW 22043 EP 71406EP 71406DEWDNEY TRUNK R OAD ´ SCALE 1:2,500 MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From: To: RS-1 (One Family Urban Residential) C-2 (Community Commercial) 7070-20141614 [1] ADVISORY DESIGN PANEL COMMENTS AND RESPONSES That the following concerns be addressed and digital versions of revised drawings and memo be submitted to Planning staff; and further that Planning staff forward this on to the Advisory Design Panel for information:  Consider a stronger connection between Building 1 and Dewdney Trunk Road. Response: Sidewalk with stamped concrete banding extended to Dewdney Trunk.  Consider gating the rear walkway for Building 2. Response: Two 5' cedar gate with lattice at either end but not blocking off mechanical/electrical room.  Consider identification marker for pedestrian entry and clearly marking one way entry with signage. Response: Banded sidewalk and additional landscaping for pedestrian entry off 248th. One way entry sign designated on plan.  Consider enhancing the pedestrian connection between Building 1 and 248th with additional architectural / landscape accents and /or structures. Response: Banded sidewalk added out to 248th.  Consider a higher level of detail for hard surfaces on all hardscaping and extend to the municipal sidewalk and the corner of Dewdney Trunk and 248th. Response: All connecting sidewalks with stamp concrete banding. Store fronts with stamped concrete pad at each entry.  Increase the cedar hedge height to six feet. Response: Cedar hedge height increased to 6 feet.  Consider refining the design by simplifying the architectural expression. Response: Flat canopies over flat roof areas of building only, and sloped canopies over sloped roof areas. Building 2 elevation simplified and symmetrical by redesigning of centre unit storefront.  Drive through should be excluded from this application and warrants further consideration for suitability on the impact of the pedestrian experience. Response: Drive thru eliminated.  Consider adding landscaping (ie overhead trellis) to add further definition to patio space adjacent to Dewdney Trunk Road. Response: Pergola and low level trellis added. Ultimate design to depend on tenants corporate requirements.  Provide an updated rendering to reflect the updated elevations submitted with further details on façade treatments. Response: Rendering updated as required.  Endorse the metal roof detailing. Response: Metal roofs will be constructed for both Building 1 and Building 2. [2]  Provide additional let downs to sidewalks. Response: Let downs provided for as required.  Use the overall building design façade treatment to complement the garbage enclosure. Response: Open black tubular metal truss with metal roof proposed over garbage enclosures as per owners design. Slope roof pitch to match building 1.  Relocate the loading area to rear parking lot. Response: Loading area relocated to center of rear parking area to allow for ease of maneuvering.  Provide mechanical unit screening. Response: Screening provided by lower center roofs height and building parapet walls. Additional mechanical unit screening to be provided if required.  Consider adding a window to master bedroom in Building 2. Response: Window added to the east side of residential unit doors to roof top patio area.  Consider a stronger statement to provide more emphasis on the entry to the residential units. Response: French glass doors added for each residential unit.  Provide clearly defined resident parking including the use of signs, surface treatment and landscaping. Response: Residential parking designated through signage and paint marking.  Consider further detailing pedestrian crosswalk within parking lot to interconnect Buildings 1 and 2 and ensure future connection to the northern expansion. Response: Interconnection provided for between buildings and newly created interior amenity space.  Consider providing public amenity space at the corner of Dewdney Trunk Road and 248th. Response: Amenity space will not be provided for in front of Building 1 in order to discourage neighbouring students from the high school from congregating in front of the building and littering area with cigarette butts. Amenity space with landscaping and benches has been designed within the interior of the complex between Building 1 and Building 2 along the inter- building sidewalk connections. - 1 - City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: July 20, 2015 and Members of Council FILE NO: 2014-019-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Second Reading Official Community Plan Amending Bylaw No. 7086-2014 Second Reading Zone Amending Bylaw No. 7070-2014 24815 Dewdney Trunk Road EXECUTIVE SUMMARY: An application has been received to rezone the subject property, located at 24815 Dewdney Trunk Road, from RS-1 (One Family Urban Residential) to C-2 (Community Commercial), to permit the construction of two commercial buildings with six ground level commercial units and two rental residential units on a second floor (see Appendix D). Council granted first reading to Zone Amending Bylaw No. 7070-2014 and Official Community Plan (OCP) Bylaw No. 7086-2014 on May 27, 2014. The minimum lot size for the current RS-1 (One Family Urban Residential) zone is 668 m2. Note that Zone Amending Bylaw No. 7070-2014 has been amended since it received first reading on May 27, 2014 to exclude the property located at 12040 248 Street from the current application to the C-2 (Community Commercial) zone. The Commercial and Industrial Strategy prepared by GP Rollo and Associates discusses commercial nodes located in various locations of the City. Through a development enquiry on the subject site, GP Rollo and Associates was asked to prepare a comparison on the viability of a commercial node at 248 Street and Dewdney Trunk Road and the impacts it may have on the historic commercial node located at 256 Street and Dewdney Trunk Road in Webster’s Corner. That addendum to the Commercial and Industrial Strategy was presented to Council in September 2013, and indicates that a commercial node at 248 Street and Dewdney Trunk Road would be viable based on its location and inclusion in the Greater Vancouver Fraser Sewer Area. The addendum has been included as an attachment to this report as Appendix H. The creation of a new Village Commercial category in the OCP will provide a greater level of commercial opportunities in key locations within the City. The intent of the Village Commercial category is to serve as an intermediary scale between the Community Commercial Nodes and Neighbourhood Commercial Centres, incorporating limited components of each category. RECOMMENDATIONS: 1) That, in accordance with Section 879 of the Local Government Act, opportunity for early and on-going consultation has been provided by way of posting Official Community Plan Amending Bylaw No. 7086-2014 on the municipal website and requiring that the applicant host a Development Information Meeting (DIM), and Council considers it unnecessary to provide any further consultation opportunities, except by way of holding a Public Hearing on the bylaw; - 2 - 2) That Official Community Plan Amending Bylaw No. 7086-2014 be considered in conjunction with the Capital Expenditure Plan and Waste Management Plan; 3) That it be confirmed that Official Community Plan Amending Bylaw No. 7086-2014 is consistent with the Capital Expenditure Plan and Waste Management Plan; 4) That Maple Ridge Official Community Plan Amending Bylaw No. 7086-2014 be given second reading and be forwarded to Public Hearing; 5) That Maple Ridge Zone Amending Bylaw No. 7070-2014 be amended as identified in the staff report dated July 20, 2015, be given second reading, and be forwarded to Public Hearing; 6) That the following terms and conditions be met prior to final reading: i) Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of a security, as outlined in the Agreement; ii) Amendment to Official Community Plan Schedule "B"; iii) Road dedication as required; iv) Registration of a Reciprocal Cross Access Easement Agreement; v) Registration of a Restrictive Covenant for protecting the Residential Parking and Visitor Parking; vi) Registration of a Restrictive Covenant for Stormwater Management; vii) Registration of a Housing Agreement in accordance with Section 905 of the Local Government Act and a Restrictive Covenant stating that the second floor of Building 2 will be restricted to residential rental units; viii) In addition to the site profile, a disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks on the subject property. If so, a Stage 1 Site Investigation Report is required to ensure that the subject property is not a contaminated site. DISCUSSION: 1) Background Context: Applicant: Rudy Di Giovanni Owner: 0981077 BC Ltd. Legal Description: Lot 22 Section 23 Township 12 NWD Plan 15267 OCP: Existing: Commercial (Neighbourhood) Proposed: Commercial - with the creation of a new Village Commercial category - 3 - Zoning: Existing: RS-1 (One Family Urban Residential) Proposed: C-2 (Community Commercial) Surrounding Uses: North: Use: Office (Albion FC) Zone: CS-1 (Service Commercial) Designation: Commercial South: Use: Single-Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Estate Suburban Residential East: Use: Single-Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Estate Suburban Residential West: Use: High School (Garibaldi Secondary) Zone: P-1 (Park and School) Designation: Institutional Existing Use of Property: Vacant Proposed Use of Property: Commercial Site Area: 0.195 ha (0.48 acres) Access: 248 Street; Dewdney Trunk Road Servicing: Urban 2) Background: The current application is proposing to rezone the subject property, located at 24815 Dewdney Trunk Road, from RS-1 (One Family Urban Residential) to C-2 (Community Commercial) to permit the construction of two commercial buildings with six commercial units on the ground floor and two rental residential units on a second floor. At a later date the owner intends to rezone the lot north of the subject property, located at 12040 248 Street, from CS-1 (Service Commercial) to C-2 (Community Commercial) to align zones with the southern lot. The application at first reading included both properties to be rezoned; however, just the lot at 24815 Dewdney Trunk Road will proceed to C-2 (Community Commercial) at this time. It is the applicant’s intention to assess the needs of the surrounding area with the current application and then develop the northern lot based on those needs. The OCP amendment to the proposed Village Commercial however, will include both the southern and northern properties. 3) Project Description: Form and Character: The proposed development will contain two commercial buildings with a total of six commercial units on the ground floor and two rental residential units on a second floor. Proposed Building 1 is a single storey structure that will contain one commercial unit. The total area of Building 1 is approximately 160 m² (1,723 ft²), which the applicant is intending to lease to a food tenant. Building 2 will consist of five commercial units on the ground floor and two rental residential units above on the second floor. A housing agreement will be put in place to keep the residential units as rental space only and a Restrictive Covenant will be registered on title for residential parking. The floor space for the commercial component of Building 2 is approximately 413 m² (4,443 ft²) and the floor space of the two residential units on the second floor combined is approximately 219 m² (2,358 ft²). Building materials will consist of hardie board painted in the traditional colours of yellow, - 4 - red, blue and green. A charcoal metal roof will be used for both buildings; goose-neck lighting to accentuate signage; black framed aluminum cased windows; and black metal awnings covering the outer windows. Circulation and Parking: Access to the subject property is proposed from 248 Street, as well as a second proposed access in the form of a right-in-only, westbound, from Dewdney Trunk Road. The required amount of parking for the development site is 24 stalls, however, 39 stalls are being provided, including 2 for the residential units, 2 small car, 1 for persons with disabilities and 1 designated for a loading bay. Part of the property to the north will be used as additional parking with access to the this site provided through a Cross Access Easement Agreement (see Appendix D). Pedestrian connectivity is provided throughout the development via raised stamped concrete crossings and various access points from both frontages. Landscaping: Landscaping will occur along the two property frontages of Dewdney Trunk Road and 248 Street. The existing cedar trees will remain along the eastern property boundary, along with additional cedar hedges and a cedar fence to separate the neighbouring properties. An outdoor patio is proposed on Building 1, along with a cedar pergola. Outdoor amenity space with landscaping and bench seating is to be located on the interior portion of the development, in order to deter students from the schools congregating in front of proposed Building 1 (see Appendix D). 4) Planning Analysis: i) Official Community Plan: The development site is located at the intersection of Dewdney Trunk Road and 248 Street and is outside of the Urban Area Boundary identified on Schedule “B” of the Official Community Plan. The current commercial classification for this location is Neighbourhood Commercial, as outlined in Section 6.3.6 of the Official Community Plan (Bylaw No. 7060- 2014). A new commercial category of ‘Village Commercial’ is being proposed through this development application, supported by the recommendations of the Commercial and Industrial Strategy. GP Rollo and Associates were asked to evaluate the viability of an expansion to the Neighbourhood Commercial Node at the intersection of Dewdney Trunk Road and 248 Street, including the impact it could have on the Historic Commercial Node of Webster’s Corners located at Dewdney Trunk Road and 256 Street. The addendum to the Strategy was presented to Council in September 2013, and indicates that a Commercial Node at 248 Street and Dewdney Trunk Road would be viable based on:  its strategic location in east Maple Ridge to capture increased commercial demand as the population grows; and  its inclusion in the Greater Vancouver Fraser Sewer Area. The addendum to the Strategy has been included in Appendix H to this report. - 5 - Proposed Village Commercial Policies Issues:  Population growth in east Maple Ridge and in existing developed areas has created a need for Village Commercial Nodes outside of the Urban Area Boundary.  Village Commercial Nodes are comprised of commercial developments that typically serve more than one neighbourhood and provide a range of daily convenience shopping and limited community retail opportunities. Commercial space within the Village Commercial Node is typically less than 2,400m2 (25,833 ft2) in area.  Property designated commercial at 248 Street and Dewdney Trunk Road is within the Metro Vancouver Fraser Sewer Area and for that reason is suitable for Village Commercial development. Objective:  To facilitate Village Commercial Nodes at key locations throughout the City which provide a mix of daily convenience shopping and limited community retail opportunities. Policies:  Maple Ridge will encourage the development of Village Commercial Nodes that serve a variety of daily convenience and commercial shopping needs within close proximity to established and/or emerging neighbourhoods.  The Village Commercial Node is located outside the Urban Area Boundary but is within the Metro Vancouver Fraser Sewer Area. Similar properties located at other key intersections may also be suitable for Village Commercial development.  The establishment of Village Commercial Nodes will serve as an intermediary scale between the Community Commercial and Neighbourhood Commercial nodes that incorporates limited components of each category. As such, they are typically less than 2,400m2 (25,833 ft2) in area.  Commercial developments proposed as part of a Village Commercial Node will be considered subject to satisfying Zoning Bylaw and Parking Bylaw requirements, site access, traffic, must be designed to be compatible with the surrounding area and will be evaluated against the following: o adherence to additional design criteria as detailed in the Section 8 Development Permit Area Guidelines section of the Official Community Plan; o commercial building(s) along the street frontage in the Village Commercial Nodes will typically fall within 25 m of the intersection; o the ability of the existing infrastructure to support the new development. In addition to the new policy category, a number of other amendments to the OCP are required as part of the OCP Amending Bylaw No. 7086-2014 in order to align the ‘Village Commercial Node’ policies within the overall commercial framework. These changes include: - 6 -  Adding ‘Village Commercial Node’ in Section 6.3.1 policy 6-22 as a permitted commercial area outside of the Urban Area Boundary;  Adding ‘Village Commercial Node’ in Section 6.3.2 Commercial Designations as item ‘c)’ following Community Commercial Node;  Deleting the following sentence from the Issues section of the Neighbourhood Commercial Centres: ‘Property designated at 248th Street and Dewdney Trunk Road is within the Metro Vancouver Fraser Sewer Area and for that reason is suitable for neighbourhood commercial development.’; and  Adding ‘Village Commercial Node’ to Appendix E, Figure 2 at the intersection of 248th Street and Dewdney Trunk Road. ii) Zoning Bylaw: The current application proposes to rezone the property, located at 24815 Dewdney Trunk Road, from RS-1 (One Family Urban Residential) to C-2 (Community Commercial) to permit the construction of two commercial buildings with six commercial units at ground level and two residentiall units on a second floor. The proposed development would align with the proposed new ‘Village Commercial Node’ category that recommends a maximum of 2,400 m2 (25,833 ft2) of commercial floor space be permitted in this location. The applicant has requested a variance to increase the height of the buildings to enable the two rental residential units on the second floor, and to reduce the exterior and rear setback requirements. It is important to note that Zone Amending Bylaw No. 7070-2014 has been amended since it received first reading on May 27, 2014 to exclude the property located at 12040 248 Street from the current application to the C-2 (Community Commercial) zone. iii) Proposed Variances: A Development Variance Permit application has been received for this project and involves the following relaxations (see Appendix C):  Maple Ridge Zoning Bylaw No. 3510-1985, Part 7, Section 702, Community Commercial, 6 a: To increase the maximum building height from 7.5 metres (25 ft.) to 10.4 metres (34 ft.).  Maple Ridge Zoning Bylaw No. 3510-1985, Part 7, Section 702, Community Commercial, 7 b: To reduce the minimum rear yard setback from 6 metres (20 ft.) to 1.7 metres (6 ft.).  Maple Ridge Zoning Bylaw No. 3510-1985, Part 7, Section 702, Community Commercial, 7 c: To reduce the minimum exterior yard setback from 3 metres (10 ft.) to 1.9 metres (6 ft.). The requested variances to the C-2 (Community Commercial) zone will be the subject of a future Council report. iv) Development Permits: Pursuant to Section 8.5 of the Official Community Plan, a Commercial Development Permit application is required to address the current proposal’s compatibility with adjacent development, and to enhance the unique character of the community in accordance with the following key development permit guidelines: - 7 - 1. Avoid conflicts with adjacent uses through sound attenuation, appropriate lighting, landscaping, traffic calming and the transition of building massing to fit with adjacent development; 2. Encourage a pedestrian scale through providing outdoor amenities, minimizing the visual impact of parking areas, creating landmarks and visual interest along street fronts; 3. Promote sustainable development with multimodal transportation circulation, and low impact building design; 4. Respect the need for private areas in mixed use development and adjacent residential areas; and 5. The form and treatment of new buildings should reflect the desired character and pattern of development in the area by incorporating appropriate architectural styles, features, materials, proportions and building articulation. v) Advisory Design Panel: The Advisory Design Panel reviewed the form and character of the proposed commercial development and the landscaping plans at a meeting held June 9, 2015. The ADP concerns have been addressed and are reflected in the current plans. The Advisory Design Panel resolution and responses from the project architect are included as Appendix G. vi) Development Information Meeting: A Development Information Meeting was held at Blue Mountain Elementary on July 6, 2015. Four people attended the meeting. A summary of the main comments and discussions with the attendees was provided by the applicant and include the following main points:  Concern about garbage from the development being deposited on Smith Street by local students.  Concern of traffic noise coming in and out of the development and the location of entrance into the site.  Concern that the pedestrian crossing at 248 Street and Smith Avenue is going to be relocated to the south side of the intersection from the existing north side.  Concern about site improvements and drainage. The following are provided in response to the issues raised by the public:  Site maintenance would be done on a regular basis, and would extend to cover the street.  Noise from traffic and parking lot will be buffered, as well as existing traffic noise will be further reduced by the location of the proposed buildings along the east property line (current development) and north property line (future development). Commercial entrance is proposed off 248 Street, and not Smith Ave.  Having the sidewalk on the north side of the intersection allows it to line up with the sidewalk. One local resident had petitioned the City 20 years ago to have it changed to its current location.  Street upgrades, including sidewalks will be provided on all frontages. Stormwater Management is required for the site, and drainage will be directed south. - 8 - 5) Interdepartmental Implications: Engineering Department: The Engineering Department has determined that upgrades are required for curb and gutter, road widening on all frontages, possible sanitary sewer and water service upgrades, sidewalks on all frontages, existing drainage ditches to be eliminated, and street lighting and street trees required. A Traffic Impact Study has been submitted by Creative Transportation Solutions Ltd. (CTS). The Engineering Department has provided feedback on the report, and is working with the applicant and CTS to determine the feasibility of traffic patterns and access to the development site. 6) School District No. 42 Comments: The School District has noted that the subject properties fall within the Blue Mountain Elementary and Garibaldi Secondary school catchments. For the 2014-15 school year, Blue Mountain Elementary is at 65% utilization. In terms of secondary school enrollment capacity, for the 2014- 2015 school year, the student enrolment at Garibaldi Secondary is at 63% utilization, including 290 out-of-catchment students. Therefore, there is available elementary and secondary school capacity for the proposed development. 7) Intergovernmental Issues: Local Government Act: An amendment to the OCP requires the local government to consult with any affected parties and to adopt related bylaws in compliance with the procedures outlined in Section 882 of the Local Government Act. The amendment required for this application, the creation of a new Village Commercial category, was discussed as part of the preparation of the Commercial and Industrial Strategy. It has been determined that no additional consultation beyond existing procedures is required, including referrals to the Board of the Regional District, the Council of an adjacent municipality, First Nations, the School District or agencies of the Federal and Provincial Governments. The amendment has been reviewed with the Financial Plan/Capital Plan and the Waste Management Plan of the Greater Vancouver Regional District and determined to have no impact. 8) Citizen Implications: A Development Information Meeting was held on July 6, 2015. The results of the concerns expressed at that meeting are discussed above. The Public Hearing will provide an additional venue for citizens to express their concern or support of the development. - 9 - CONCLUSION: The subject application will permit construction of six commercial units and two rental residential units in two buildings. A new commercial land use type is proposed for the intersection of 248 Street and Dewdney Trunk Road. The creation of a new Village Commercial category in the OCP will provide a greater level of commercial opportunities in key locations within the City. The intent of the Village Commercial category is to serve as an intermediary scale between the Community Commercial Nodes and Neighbourhood Commercial Centres, incorporating limited components of each category. It is recommended that second reading be given to OCP Amending Bylaw No. 7086-2014, that second reading be given to Zone Amending Bylaw No. 7070-2014, and that application 2014-019- RZ be forwarded to Public Hearing. “Original signed by Adam Rieu” _______________________________________________ Co-Prepared by: Adam Rieu Planning Technician “Original signed by Jim Charlebois” _______________________________________________ Co-Prepared by: Jim Charlebois, MURP, RPP, MCIP Manager of Community Planning “Original signed by Christine Carter” _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services “Original signed by Frank Quinn” _______________________________________________ Concurrence: Frank Quinn, MBA, P. Eng Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – OCP Amending Bylaw No. 7086-2014 Appendix C – Zone Amending Bylaw No. 7070-2014 Appendix D – Site Plan Appendix E – Building Elevation Plans Appendix F – Landscape Plan Appendix G – Advisory Design Panel Comments and Responses Appendix H – Potential for Community Serving Commercial at 248 and Dewdney Trunk Road, GP Rollo and Associates, August 19, 2013 Attachments are added to current staff report of September 14, 2015 DEVELOPMENT APPLICATION CHECKLIST FOR FILE 2014-110-RZ File Manager: Therese Melser 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: Stormwater Management Plan (Mainland Engineering, July 2015) Tree Preservation Report (Goode Arboriculture, Mar 2015) Site Servicing Plan (Mainland Engineering) 2. - 1 - City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: August 31, 2015 and Members of Council FILE NO: 2014-110-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Second Reading Zone Amending Bylaw No. 7123-2014 11716 Burnett Street EXECUTIVE SUMMARY: An application has been received to rezone the subject property located at 11716 Burnett Street from RS-1 (One Family Urban Residential) to R-1 (Residential District), to permit a future subdivision of approximately three (3) Single Family lots. Council granted first reading to Zone Amending Bylaw No. 7123-2014 on February 2, 2015. This application is in compliance with the Official Community Plan (OCP). RECOMMENDATIONS: 1) That Maple Ridge Zone Amending Bylaw No. 7123-2014 be given second reading, and be forwarded to Public Hearing; 2) That the following terms and conditions be met prior to final reading: i) Registration of a Restrictive Covenant for the Stormwater Management Plan; ii) Removal of existing building/s (through demolition permit); iii) If the Director of Waste Management from the Ministry of Environment determines that a site investigation is required based on the submitted Site Profile, a rezoning, development, or development variance permit cannot be approved until a release is obtained for the subject property; iv) In addition to the site profile, a disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks on the subject property. If so, a Stage 1 Site Investigation Report is required to ensure that the subject property is not a contaminated site. DISCUSSION: 1) Background Context: Applicant: Dhaliwal Developers Ltd. Owner: Dhaliwal Developers Ltd. - 2 - Legal Description: South ½ Lot 5, Except Plan LMP2415, Section 17, Township 12, NWD Plan 8881 OCP: Existing: Urban Residential Zoning: Existing: RS-1 (One Family Urban Residential) Proposed: R-1 (Residential District) Surrounding Uses: North: Use: Single Family Residential Zone: RS-1 (One Family Urban Residential) under application 2012-017-RZ, rezoning to R-1 Designation: Urban Residential South: Use: Single Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Urban Residential East: Use: Single Family Residential Zone: RS-1 (One Family Urban Residential) Designation: Urban Residential West: Use: Commercial Zone: CS-1 (Service Commercial) Designation: Town Centre Commercial Existing Use of Property: Single Family Residential Proposed Use of Property: Single Family Residential Site Area: 0.149 HA. (0.37 acres) Access: 117 Ave Servicing requirement: Urban Standard 2) Background: This site was the subject of a rezoning and subdivision application in 2010 (RZ/074/10 and SD/074/10) which expired before it was completed. This proposal is identical to the earlier application. 3) Project Description: The application proposes to rezone the subject property from RS-1 (One-Family Urban Residential) to R-1 (Residential District), to permit future subdivision into three (3) Single Family lots. All driveway access is proposed to be off 117 Avenue. The subject property is approximately 1,490 m2 (0.37 acres/16,038 sq.ft.) in size, is generally flat, and is bound by single family properties to the north, east and south, and a commercial property to the west (Pioneer Motor Group, and Mr. Quick Lube) (see Appendix A). One Oak tree is to be retained on site and must have tree protection fencing installed around the dripline of the tree before any construction begins. Furthermore two European Holly trees are to be - 3 - retained, as stated in the Tree Preservation report from Goode Arboriculture Consulting, dated March 11, 2015. As a condition for subdivision, the Tree Preservation report will need to be covenanted to ensure the protection and preservation of these trees on the site. 4) Planning Analysis: i) Official Community Plan (OCP): The development site is designated Urban Residential – Neighbourhood Residential . This designation allows for single detached dwellings and other housing forms, subject to the Neighbourhood Residential Infill policies. The rezoning and subdivision of this property into three Single Family lots and use of the R-1 (Residential District) zone is in compliance with the OCP (see Appendix B). II) ZONING BYLAW: The application proposes to rezone the subject property from RS-1 (One Family Urban Residential) to R-1 (Residential District) to permit future subdivision into three (3) Single Family lots with a minimum area of 466 m2. The adjacent properties are zoned RS-1 (One Family Urban Residential) and CS-1 (Service Commercial). The property to the north (11736 Burnett Street) is in the process of rezoning to R-1 Residential District), plus the block of houses to the east on 117 Avenue are all R-1 (Residential District) zoned, making the proposed zone consistent with the surrounding neighbourhood. The minimum lot size for the proposed R-1 (Residential District) zone is 371 m2. Proposed lot sizes for the application are between 466 m2 and 472 m2.. The proposed widths of the lots are approximately 16 metres, which complies with the minimum lot width in this zone of 12 metres. Any variations from the requirements of the proposed zone will require a Development Variance Permit application. iii) Proposed Variances: A Development Variance Permit application (2014-110-VP) has been received for this project and involves the following relaxation:  Maple Ridge Subdivision and Development Servicing Bylaw No. 4800 -1993, Section IV, E. Highway Right-of-way requirements, as set out in Schedule “B”. The requested variance to support the Burnett Street road right-of-way of less than the Collector standard of 20 metres will be the subject of a future Council report. The application will be supportable as the carriageway on Burnett Street is already constructed to a Collector standard within a 16 metres wide road right-of-way. iv) PARKLAND REQUIREMENT: With fewer than three (3) additional lots to be created, the developer will not be required to dedicate park, as required under Section 941 of the Local Government Act as part of subdivision approval. v) Environmental Requirement: As stated in the Tree Preservation report from Goode Arboriculture Consulting, dated March 11, 2015, one Oak tree plus two European Holly trees are to be retained on site and must have tree protection fencing installed around the dripline of the tree before any construction begins. The Tree Preservation report is to be covenanted as a condition of rezoning. - 4 - 5) Interdepartmental Comments/Implications: i) Engineering Department: There are no services required in support of this rezoning application. All deficient services will be provided for at subdivision. ii) License, Permits and Bylaws Department: A Geotechnical report will be required at the Building Permit stage. The design engineer needs to ensure the minimum 7.5m clearance from intersections for driveways is maintained for the corner lot. 6) School District No. 42 Comments: Pursuant to Section 881 of the Local Government Act, consultation with School District No. 42 is required only at the time of preparing or amending the OCP, therefore a referral was not sent to School District No. 42. The property is in the school catchment area of Golden Ears Elementary and Thomas Haney Secondary. According the Strategic Facilities Review 2014/15 Maple Ridge – Pitt Meadows School District No. 42, Golden Ears Elementary has a capacity of 526 students and a 2013 enrolment of 442 students. Thomas Haney Secondary has a capacity of 1,200 students and a 2014 enrolment of approximately 1,010 students. CONCLUSION: It is recommended that second reading be given to Maple Ridge Zone Amending Bylaw No. 7123- 2014, and that application 2014-110-RZ be forwarded to Public Hearing. “Original signed by Therese Melser” _______________________________________________ Prepared by: Therese Melser Planning Technician “Original signed by Christine Carter” _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services “Original signed by Paul Gill” _______________________________________________ Concurrence: Paul Gill Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Maple Ridge Zone Amending Bylaw No. 7123-2014 Appendix C – Site Plan DATE: Aug 20, 2015FILE: 2014-110-RZ BY: PC PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:2,000 11716 BURNETT STREETGEE STLegend GPS Creek CentrelinesStreams & Rivers (Topographic)Feature Type Indefinite Creek Centreline Ditch Centreline River Centreline City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Aug 20, 2015FILE: 2014-110-RZ BY: PC PLANNING DEPARTMENT SUBJECT PROPERTY City of Maple Ridge´ Scale: 1:2,000 11716 BURNETT STREETGEE ST(2011 photography image) CITY OF MAPLE RIDGE BYLAW NO. 7123-2014 A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 - 1985 as amended ___________________________________________________________ WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended; NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows: 1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7123-2014." 2. That parcel or tract of land and premises known and described as: South Half Lot 5, Except Part in Plan LMP2415, Section 17 Township 12 New Westminster District Plan 8881 and outlined in heavy black line on Map No. 1631 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to R-1 (Residential District). 3. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the 10th day of February, 2015. READ a second time the 8th day of September, 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 11669 2279811633 11775 11781 11644 11750 11816 11809 116632290511739 22910229352294522964229 7 822780/9011761 11716 11780 11817 11675 11788 11818 229282293011791 22950229602290011747 11791 11667 2292911778 11680 2293011781 11811 11770 11780 2297611681 11661 11648-54 11749 11764 11790 11810 22952229622278811678 11690 11736 2290422927229372294211771 11801 229612296311810 22970229752299411695 11646 1167 0 11655 11779 11659 11768 11798 229362294011761 11760 11800 22983229842297522799228382282422856228582285511765 11671 11686 22939229422294522953229502297011632 2280511797 11808 2289022920229512297111790 LO U G H E E D H W Y . GILLEY AVE. 117 AVE.GILLEY AVE.228 ST.CLIFF AVE.229 ST.LMS 2390LP 76566 P 12197 2 ERem P 42061 Rem. A 243 P 70383 84 P 59400P 25677 246 6 1 P 72307 Rem 1 P 51052 P 6 1 5 2 0 2 Rem 106 P 41319 240 228P 57530P 40889P 65141 83 1 B 175 40 P 495812 B N 1/2 5 1 Rem 103 67 108 105 82 1 3P 71517 4 174 LMP 34066P 59097 13 RW 805288 P 121971 P 12316 10 N 1/2 1 A 227 68 104 2 P 8881 86 87 P 4378888 127 125 123 39 2 P 45355 132 4 1830 *PP089 LMP 7787LOT 1 P 87494P 81957P 8312LMP 11048 Rem.60' Rem. 54 238 239 81 241 184 171 172 244 128 126 1P 59097P 43788133 2 P 13497Rem. 5 RP 8464LOT 2 P 12197 LP 82566 S 1/2 1 11 P 16011 P 12588 S 1/2 5 R P 3 1 6 1 A 1 P 88811 85 P 407492 124 182 180 134 5 4 NW EP 12951 P 22876P 8871 RW 799396 E P 59452 242 245 A 2 3 129 130 3 9 1 A P 12588 1 P 41319 53 2 183 173 181 176 131 41 BCP 35669 LMP 49850 RW 87495 E P 4 5 3 5 7 LMP 49848 RW 79939 RW N'ly 20 Feet LMP 49849EP 42071LMP 2415EP 45356 RW 73424LMP 7789 LMP 2619LMP 7788EP 82567LMP 2414RW 48257BURNETT ST.´ SCALE 1:2,000 MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From: To: RS-1 (One Family Urban Residential) R-1 (Residential District) 7123-20141631 DEVELOPMENT APPLICATION CHECKLIST FOR FILE 2015-160-RZ File Manager: Diane Hall 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: 3. City of Maple Ridge TO: Her Worship Mayor Nicole Read DATE: August 31, 2015 and Members of Council FILE NO: 2015-160-RZ FROM: Chief Administrative Officer ATTN: C of W SUBJECT: Proposed Bylaw Amendment Pertaining to Residential Building Height First and Second Reading Bylaw No. 7165-2015 EXECUTIVE SUMMARY: Council has invited staff to bring forward bylaw amendments, such as the height of principal buildings in residential single family and low rise mult-family zones, in advance of adopting the new Zoning Bylaw in its entirety. The reason for bringing such amendments forward is to address timely matters or streamline the development process. This report discusses and proposes bylaw amendments to create a unified maximum building height of principal dwellings in single family and in low rise multi-family zones. The proposed maximum height is 11.0 metres, which is a standard that has been established previously in some of these zones. This amendment is anticipated to expedite the development process by reducing the number of applications for Development Variance Permits for this purpose, allowing for a more efficient utilization of municipal resources. The proposed bylaw amendment is discussed further in this report. RECOMMENDATION: That Maple Ridge Zone Amending Bylaw No. 7165-2015 be given First and Second Reading and be forwarded to Public Hearing. DISCUSSION: a) Project Description: Residential Building Height The proposed Zoning Bylaw amendment is to increase the maximum height of principal dwellings in residential zones to a unified 11.0 metres across all single family zones and in specific multi-family zones. This initiative has been largely driven by numerous development variance permits that have been issued in the last few years. A brief review of these applications reveals that a request for relaxation of building height has occurred in over one third of these applications. In addition, individual members of Council have expressed concern over the frequency of these variance requests, and have suggested that the bylaw be amended to increase maximum height. - 2 - A review of reports for Development Variance Permits reveals that in general, height variance requests are made for the following reasons:  Allows for greater flexibility in options for architectural styles and ceiling heights, especially on properties with complex topography,  Under the current permitted heights in the affected zones, unless a variance is granted, sites with significant slopes increase the difficulty of establishing a consistent building design in larger subdivisions,  Reduces the extent of lot grading and retaining walls needed to achieve a development,  Consistent height regulations across residential zones will help to establish and maintain community character in developing areas. The proposed maximum height of 11.0 metres has been identified as a reasonable compromise for accommodating desirable residential development that is consistent with residential neighbourhood development. An 11.0 metre structure allows for 3 levels of living space. b) Planning Analysis: Proposed Zoning Bylaw text amendment Building Height The following table demonstrates the residential zones that are proposed to be increased to a maximum height of 11.0 metres: Zone Current permitted maximum height Proposed # existing parcels affected RT-1 Two Family Urban Residential 9.5 metres 11.0 metres 83 RS-1b Zone One Family Urban (Medium Density) Residential 9.5 metres 11.0 metres 4994 CD-1-93 Amenity Residential 9.0 metres 11.0 metres 526 CD-1-99 Comprehensive Development 9.5 metres 11.0 metres 109 R-1 Residential District 9.0 metres 11.0 metres 1855 R-2 Urban Residential District 9.75 metres 11.0 metres 108 R-3 Special Amenity Residential District 9.75 metres 11.0 metres 1386 RM-1 Townhouse Residential 10.5 metres 11.0 metres 448 RM-4 Multiple Family Residential District 10.5 metres 11.0 metres 20 RM-5 Low Density Apartment Residential District 10.5 metres 11.0 metres 7 - 3 - The RS-1, RS-1a, RS-1c, RS-1d, RS-2, RS-3, SRS, RST, and RST-SV zones already have an 11.0 metre maximum height in the Zoning Bylaw, and therefore, no changes are required. The RE Elderly Citizen Residential Zone has a maximum height of 12.0 metres. No changes are proposed to this zone. Citizen Implications Under the current zoning bylaw, many residential zones have maximum building heights under the proposed maximum 11.0 metre height. Requested variances are processed through a development variance permit. A neighbour notification process is a required part of the application process. Neighbour concerns are received and provided for Council consideration. A number of these applications have been processed in recent years, and the accompanying public comment has been minor. It is therefore clear that neighbourhood concerns are few and these variances are generally acceptable to the community. In addition, the RS-1, RS-1a, RS-1c, RS-1d, RS-2, RS-3, SRS, RST, and RST-SV zones already have an 11.0 metre maximum height in the Zoning Bylaw. Few concerns have been expressed about this height, so it is reasonable to conclude that it appears to be an acceptable standard within the community. This amendment will only affect new construction. However, infill developments, house additions and renovation projects within established neighbourhoods could be affected. It should also be noted that multi-family development proposals on sloping sites may be challenged in accommodating the 11.0 metre maximum height and as a result may continue to require variances with Council approval. FINANCIAL IMPLICATIONS: The adoption of this proposed bylaw amendment will reduce the number of development variance applications received, and consequently, the revenues from application fees could be affected. However, fewer resources will be required of staff and Council in processing these applications. ALTERNATIVES: This proposed bylaw amendment has been drafted in response to a perceived community need as a result of Council discussion. However, Council may decide to revise this bylaw, or deny the amendment from proceeding further. CONCLUSION: This bylaw amendment, if approved by Council, will assist in expediting the application process for residential development in the affected zones. It should be noted that the most common established urban residential zone is RS-1 One Family Urban Residential which already has a maximum height of 11.0 meters, as do many other residential zones. This proposed amendment will therefore create building height consistency in new construction across new developments and - 4 - established residential neighbourhoods, where infill developments are occurring. On this basis, it is recommended that these proposed amendments receive first and second reading, and be forwarded to public hearing. “Original signed by Diana Hall” _______________________________________________ Prepared by: Diana Hall MA, MCIP, RPP Planner II “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 Paul Gill” _______________________________________________ Concurrence: Paul Gill, CPA, CGA Acting Chief Administrative Officer Appendix A: Maple Ridge Zone Amending Bylaw No. 7165-2015 CITY OF MAPLE RIDGE BYLAW NO 7165-2015 A Bylaw to amend the text of Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended. ___________________________________________________________ WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended; NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows: 1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7165-2015" 2. Maple Ridge Zoning Bylaw No. 3510-1985 is hereby amended as follows: Part 6, Residential Zones, Section 601, One Family and Two FAMILY RESIDENTIAL ZONES (R-1, R-2, R-3, RS-1, RS-1a, RS-1b, SRS, RS-1c, RS-1d, RS-2, RS-3, RT-1, RE, CD-1-93), Subsection C is amended by the following: a) Deleting Clause 4(b) in its entirety and replacing it with ”shall not exceed a height of 11.0 metres.” b) Deleting clause 9(b) in its entirety and replacing it with ”shall not exceed a height of 11.0 metres.” c) Deleting clause 11.0(b) in its entirety and replacing it with ”shall not exceed a height of 11.0 metres.” Part 6, Residential Zones, Section 601A, CD-1-93. Deleting subsection E1 in its entirety and replacing it with “All buildings and structures for one family residential use shall not exceed a height of 11.0 metres”. Part 6, Residential Zones, Section 601B R-2 Urban Residential District is amended by deleting subsection E1 in its entirety and replacing it with “all buildings and structures for one family residential use shall not exceed a height of 11.0 metres”. Part 6, Residential Zones, Section 601C R-3 Urban Amenity Residential District is amended by deleting subsection F1 in its entirety and replacing it with “All buildings and structures for one family residential use shall not exceed a height of 11.0 metres”. Part 6, Residential Zones, Section 602, RM-1 Townhouse Residential District, is amended by deleting clause 7(a) in its entirety and replacing it with “All buildings and structures for two family residential and townhouse use shall not exceed a height of 11.0 metres.” Part 6, Residential Zones, Section 603, RM-4 Townhouse Residential District, is amended by deleting clause 7(a) in its entirety and replacing it with “All apartment and townhouse buildings shall not exceed a height of 11.0 metres.” Part 6, Residential Zones, Section 606, RM-5 Low Density Apartment Residential District, is amended by deleting clause 7(a) in its entirety and replacing it with “ All apartment and townhouse buildings shall not exceed a height of 11.0 metres.” 3. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended is hereby amended accordingly. READ a first time the 8th day of September, 2015. READ a second time the 8th day of September, 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 DEVELOPMENT APPLICATION CHECKLIST FOR FILE 2015-212-RZ File Manager: Adrian Kopystynski 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: 4. City of Maple Ridge TO: Her Worship Mayor Nicole Read MEETING DATE: August 31, 2015 and Members of Council FILE NO: 2015-212-RZ FROM: Chief Administrative Officer MEETING: Workshop SUBJECT: First and Second Reading Maple Ridge Zone Amending Bylaw No. 7162-2015 Zoning Bylaw Text Amendment for a “1 km rule” OR to require site specific text amendments for Wine Stores in Grocery Stores. EXECUTIVE SUMMARY: At a Council Meeting held on July 28, 2015, Council directed staff to prepare a report implementing a minimum 1 kilometre distance rule (the 1-km Rule) through a Zoning Bylaw amendment for all future alcohol beverage retailers in Maple Ridge. Council passed the following resolution: That staff be directed to prepare a report on options for the implementation of a minimum one km distance rule for all future beverage alcohol retailers in Maple Ridge. Through the Council discussion, it was acknowledged that the report would also include the actual bylaw amendments. The report provides for two alternative approaches to achieving the 1 kilometre distance rule. The first prohibits alcohol and wine sales in grocery stores (Appendix G) and the second is a general regulation to establish a 1 kilometre distance rule for all future alcohol beverage retailers in Maple Ridge (Appendix H), along with the rationale for the proposed amendments. A third option (status quo) is also included in the report. RECOMMENDATION: 1. That Council proceed with one of the following: (a) Make no changes and maintain the “status quo” with the Liquor Control Licencing Branch regulating the licensing of liquor sales in grocery stores through their regulations and directives; or (b) Amend the Zoning Bylaw to prohibit liquor sales in all grocery stores, such that a site specific Zoning Bylaw amendment would be required for any grocery store wishing to sell wine or other liquor; or (c) Amend the Zoning Bylaw to prohibit the sale of liquor in grocery stores that are located within 1 kilometre of an existing liquor store. and 2. In conjunction with options (b) or (c), if selected, Council grant version 1 or 2 of Maple Ridge Zone Amending Bylaw No. 7162-2015 first and second reading, and forward the bylaw to the September 15, 2015 Public Hearing. 2 DISCUSSION 1. Background Context Council received a letter dated June 18, 2015 from the Alliance of Beverage Licensees (ABLE BC) (see Appendix A) regarding Bill 22, the new Special Wine Store Licence Auction Act (see Appendix B). The Alliance expressed concern about the impact of wine sales in grocery stores on private liquor stores (referred to as “licensee retail stores” under the Liquor Control and Licensing Act and the Liquor Control and Licensing Regulation). The Alliance noted that licences issued under the new Act “are not subject to the 1 kilometre distance rule” and requested that the City “implement a minimum 1 kilometre distance rule for all future beverage alcohol retailers in Maple Ridge.” In reading this report, these terms are included and are described for convenience as follows:  Liquor (Licensee) Retail Store (LRS) otherwise known as a Private Liquor Store. At this time, no more of these licences are being issued.  BC Liquor Store (BCLS) otherwise known as a Government Liquor Store.  Wine Store (WS) licences are for wine stores including winery-operated stores, independent wine stores (IWS), VQA stores and tourist wine stores. At this time, no more of these licences are being issued.  VQA Store is a wine store owned and operated by the BC Wine Institute.  Special Wine Store licences will be issued through an auction process once Bill 22 Special Wine Store Licence Auction Act is enacted. Also, there are essentially two key points around which much of this report revolves. The first key point is that there are two different legislative changes: (a) the changes to the Liquor Control and Licensing Regulation made by BC Reg 42/2015 on April 1, 2015; and (b) the changes that will be made by the new Act, the Special Wine Store Licence Auction Act, once that Act is brought into force. Both of these legislative changes will allow for liquor sales in grocery stores. The amendments to the Regulation do this by allowing existing wine store licences or licensee retail licences to be changed and to be relocated to within a grocery store. The Special Wine Store Licence Auction Act will also allow wine sales in grocery stores (once it is enacted) by providing for the issuance of a number of new special wine store licences to sell wine in grocery stores. The second key point is that neither of the legislative changes alters the 1 kilometre rule which was, and will continue to be, applicable to licensee retail stores but which was not, and will continue not to be, applicable to wine stores. There are several elements of the ABLE BC letter that may require some clarification. First, as noted above, Bill 22 (the Special Wine Store Licence Auction Act) was enacted on May 14, 2015, but is not yet in force. It is unknown at this time when that Act will be brought into force. Second, while the Special Wine Store Licence Auction Act provides a mechanism by which a limited number of new wine store licences to sell wine in grocery stores will be available through an auction, that Act when enacted will not establish any distance separation rules. Even before the current amendments, wine stores were not subject to a rule requiring them to be located at least 1 kilometre from licensee retail stores. In other words, a wine store could locate next door to a licensee retail store even 3 before Bill 22 was drafted. By contrast, licensee retail stores are subject to a the 1 kilometre separation rule from another licensee retail store and they will remain subject to that rule after the Special Wine Store Licence Auction Act is brought into force. The third thing to note about the ABLE letter is that it does not mention the changes that were made to the Liquor Control and Licensing Regulation by Bill 27 on April 1, 2015. Unlike Bill 22, those regulatory changes are in force, thereby permitting the relocation of existing licensed Wine Stores into grocery stores. In other words, there is no 1-kilometre rule before or after the regulations changed and no provision in Bill 22 once enacted to have a 1-kilometre rule for wine store or special wine store licensees. While the ABLE BC letter does not mention the April 1, 2015 amendments of the Liquor Control and Licensing Regulation, staff assumes that ABLE BC wishes Council to implement a 1 kilometre rule in relation to the relocation of existing wine stores to grocery stores pursuant to those amendments in addition to implementing such a rule in relation to special wine store licences to sell wine in grocery stores under the Special Wine Store Licence Auction Act, once that Act is brought into force. In any event, Council’s resolution of July 28, 2015 directed staff to report on options for implementing a minimum 1 kilometre distance rule that would apply to “all future beverage alcohol retailers in Maple Ridge” This would introduce a restriction that would apply to (a) existing wine stores that wish to relocate to a new location under the Liquor Control and Licensing Regulation; (b) licensee retail stores that wish to relocate to a new location under the Liquor Control and Licensing Regulation; and (c) special wine stores for which new licences are issued once the new Special Wine Store Licence Auction Act is brought into force. The following is further explanation of the regulatory changes that have been made as of April 1, 2015 and of the changes that will be effected by the new Special Wine Store Licence Auction Act once it is brought into force. (a) Old Provincial Regulations Prior to April 1, 2015, the following rules were in place under the Liquor Control and Licensing Regulation: 1. No new licences could be issued for wine stores or licensee retail stores, but existing licences could be amended including for the purpose of allowing the licensee to operate from a different location. 2. Wine store licences could be amended (with approval of the General Manager) to allow relocation of the store to a new location, no matter what distance the new wine store was from another wine store or from a licensee retail store or a government liquor store. 3. Licensee retail store licences could be amended (with approval of the General Manager) to allow relocation of the store to a new location so long as (a) the new location was not within 1 km of another licensee retail store and (b) the new location was not less than 5 km from the location of the old store (if the old store was in another local government’s territorial jurisdiction). 4 4. Wine stores and licensee retail stores could not be located within a building containing another business unless the wine store or licensee retail store had a separate entrance and was separated from other businesses within the building by floor to ceiling walls. 5. Wine stores and licensee retail stores could not appear to be associated with another business. Under the old provincial regulations, existing wine stores could be relocated to any location (no distance separations rules), including locations next to grocery stores or next to licensee retail stores, but could not be located within a grocery store (or within any other store for that matter). Rules 4 and 5 effectively prevented any liquor outlet (whether a wine store or licensee retail store) from locating within another store. Existing licensee retail stores could also be relocated to any location, including locations next to grocery stores or wine stores, subject to the requirement (not applicable to wine store relocations) that the new location was not within 1 kilometre of an existing licensee retail store. Under the old provincial regulations, licensee retail stores (like wine stores) were prevented from being relocated to within any other store, including a grocery store. (b) New Provincial Regulations (i) BC Reg 42/2015 (April 1, 2015) On April 1, 2015, the Province amended the Liquor Control and Licensing Regulation to relax the rules regarding the relocation of existing wine stores and licensee retail stores to allow relocation to within grocery stores. The amendments accomplish this by changing rules 4 and 5 above for grocery stores only. As of April 1, 2015, a wine store licence or a licensee retail store licence can be amended to allow wine stores or licensee retail stores to be located within grocery stores as “stores in stores” or, in the case of certain types of wine store licences, to a “wine on shelf” model. This will be discussed further below. Grocery stores are the only type of store in relation to which the structural and associational rules (rules 4 and 5) of the old provincial regulations have been relaxed by the April 1 amendments. A licensee retail store or a wine store still cannot be located within any other type of store. The relaxation (in relation to grocery stores) of the structural separation rule and the rule prohibiting licensee retail stores or wine stores from appearing to be associated with another store is the main change made by the April 1, 2015 amendments. The April 1, 2015 amendments do not allow the issuance of any new licences: they deal only with licence amendments to allow existing licences to be relocated to new establishments, except to extend the rule so that licensee retail stores are now unable to relocate to within 1 kilometre of another licensee retail store or a government liquor store. The April 1, 2015 amendments also did not change the 1 kilometre distance separation rule. It remains the case that licensee retail store licences cannot be amended to allow relocation to a new location that is within 1 kilometre of another licensee retail store. That remains the case even if the new location is a grocery store. It also remains the case that wine store licences can be amended to allow the wine store to relocate to a new location whether or not that location is within 1 kilometre of another wine store or a licensee retail store. 5 The 5 kilometre rule for the relocation of licensee retail stores was removed by the April 1, 2015 amendments. It is now the case that a licence can be amended to allow a licensee retail store to relocate to another location even if the location of the old store is in another local government jurisdiction and is more than 5 kilometres from the new location. It should be noted that while the 1 kilometre rule for licensee retail stores was not changed by the April 1, 2015 amendments, that rule is not absolute. The General Manager is authorized to grant relief from it under section 14(6) of the Liquor Control and Licensing Regulation. That subsection is as follows: (6) If an application to amend a licence in respect of a licensee retail store to relocate the store does not comply with subsection (5) (a), the general manager may approve that application in one of the following circumstances only: (a) if a licensee proposes to relocate its licensee retail store to a new location that has the same parcel identifier number as the current location, even if the new location is within 1.0 km of another licensee retail store or liquor store or the proposed location of another store; (b) if a licensee proposes to relocate its licensee retail store that is currently within 1.0 km of another licensee retail store or liquor store or the proposed location of another store, and the new location is not closer to the licensee retail store or liquor store or proposed location of another store than the licensee retail store's current location; (c) if a licensee proposes to relocate its licensee retail store and the shortest travelling distance by road between the new location and another licensee retail store or liquor store or the proposed location of another store is 1.0 km or more because of a natural barrier between the new location and the licensee retail store or liquor store or proposed location of another store; (d) if a licensee proposes to relocate its licensee retail store because the licensee retail store was substantially damaged by fire or natural disaster, even if the new location is within 1.0 km of another licensee retail store or liquor store or the proposed location of another store. Section 14(6)(c) has relevance in Maple Ridge, because the Specialty Liquor Store at 160 – 20398 Dewdney Trunk Road could conceivably relocate to within the Safeway at 20201 Lougheed Highway if Council decides not to proceed with a zoning amendment. Specialty Liquor Store at 160 – 20398 Dewdney Trunk Road is currently within 1 kilometre of several other licensee retail stores. If it was relocated to Safeway at 20201 Lougheed Highway, it would be moving to a location that is also within 1 kilometre of those licensee retail stores, but it would be moving further away from them than it was before the move. In those circumstances, the General Manager is authorized to approve the move under s.14(6)(c) despite the new location being within 1 kilometre of a licensee retail store. 6 Following the 2014 Liquor Policy Review undertaken by the Province, the Province published Policy Directive 15-01 (attached as Appendix C) to explain the (then pending) April 1, 2015 regulatory amendments. The Policy Directive describes in the introduction the general key policies reflected in the amendments: The implementation of the Liquor Policy Review (LPR) report recommendations will permit the implementation of liquor sales in grocery stores, effective April 1, 2015. This directive describes the following key policies that will allow liquor and wine sales in grocery stores effective April 1, 2015:  Grocery store eligibility has been defined  Grocery stores may sell liquor either in a store-within-a-store or 100% BC wine on the shelf, but not both at the same location  Licensee Retail Stores (LRS) and BC Liquor Stores (BCLS) may relocate to a store within- a-store grocery store, subject to distance restrictions  The 1 km distance criteria separating LRS’s has been retained and extended to include BCLS’s  The regulation restricting LRS relocation outside its local government/First Nation jurisdiction (i.e. the 5 km rule) has been repealed  The LRS moratorium has been maintained  Wine stores, other than winery-owned and sacramental wine stores, may relocate to grocery stores in either a store-within-a-store model or for the sale of 100% BC wine off store shelves  LRS’s and wine stores owned by or located within eligible grocery stores may cobrand. The Policy Directive describes eligible grocery stores as follows: Eligibility to be eligible for liquor sales, a grocery store must have a minimum of 10,000 square feet of space, including storage space, and must be primarily engaged in retailing a general line of foods including canned, dry and frozen food, fresh fruits and vegetables, fresh and prepared meats, fish and poultry, dairy products, baked products and snack foods, and non-liquor beverages. To maintain eligibility, these conditions must continue to be met, along with the following additional requirements: that the sales revenue from food and non-liquor beverages:  totals at least 70% of non-liquor sales, and  totals at least 50% of all sales, including liquor sales from a retailer located in the grocery store. Convenience stores and multipurpose stores are not eligible. Separate sections are included in the Policy Directive explaining the rules applicable to licensee retail store licensees wishing to relocate to a grocery store and to wine store licensees wishing relocate to a grocery store, in the latter case with an outline of the rules for both the “store in store” model and the “wine on shelf” model. 7 Those sections of the Policy Directive are set out here: Liquor stores within grocery stores The liquor store within the grocery store must be at least 1 km away from any other LRS or BC Liquor Store. Distance is measured from the front door of the other liquor store to the front door of the store within the grocery store, as the crow flies. Liquor stores within grocery stores must be physically separated from the rest of the grocery store with controlled access and separate cash tills within the liquor store. The same shopping cart will be permitted to move between the grocery and liquor stores. The entire perimeter of the licensed area must be identifiable. The majority of the perimeter of the licensed area must be bounded by a fixed and immoveable barrier. For the portion of the perimeter that is not fixed and immovable, the barrier must be sufficient to:  monitor and control entrance to the licensed area,  prevent unaccompanied minors from accessing the area,  secure the retail area when required (i.e. when operating hours for the liquor retail area do not align with grocery store hours), and  identify the main entrance (including what is considered to be the front door) to the licensed area. An eligible grocery store will be able to co-brand with an LRS that is located within the grocery store or with any stand-alone LRS that the eligible grocery store owns, regardless of its location. The grocery store and the associated LRS must be legally affiliated and either the same legal entity or wholly owned subsidiaries of the same legal entity for stand-alone stores. Wine in Store Effective April 1, 2015, wine store licences, other than winery-owned or sacramental wine stores, may be relocated to a grocery store. A wine store licence can relocate within a grocery store, either in a separate store or on shelf. There is no distance restriction between other liquor retail or wine store outlets that prohibits the relocation of a wine store. Wine stores within grocery stores must be physically separated from the rest of the grocery store in the same manner as a liquor store within a grocery store, as described above. The wine store-within-a-store may sell any type of wine that is permitted under the terms and conditions of their licence. For example, an independent wine store can sell any imported or domestic product. A BC VQA store can only sell BC VQA wine. 8 An eligible grocery store will be able to co-brand with a wine store that is located within the grocery store or with any stand-alone wine store that the grocery store owns. The owner of the grocery store and the wine store must be the same legal entity for standalone stores. Wine on Shelf A wine store licence can relocate to a shelf within a grocery store effective April 1, 2015. The wine store licensee must transfer the wine store licence to the grocery store owner. The exception is for BC VQA stores whose licences are held by the BC Wine Institute (BCWI). In that case, the BCWI will continue to hold the licence but must apply to appoint the grocery store as the third party operator. The types of products that may be sold off the shelf will be determined by the type of wine store licence as described below. If the wine store licence allows the sale of only BC VQA wines, then only BC VQA wines can be sold off the shelf. If the wine store licence allows wine to be sold that is made from 100% BC agricultural products, all types of BC wine, including cider, mead and sake, can be sold off the shelf. If the wine store licence allows all types of wine (imported and domestic) to be sold, only 100% BC produced wine (including cider, mead and sake) may be sold off the shelf, and the terms and conditions of the wine store licence will be amended to reflect this restriction. Wine that is sold off the shelf may be purchased at designated tills or regular tills. Regardless of the type of till, the staff making the sale must have Serving it Right certification and be at least 19 years of age. The Policy Directive deals exclusively with the rules applicable to the relocation of existing licences. It does not deal with the new Special Wine Store Licence Auction Act. (ii) Bill 22 (Special Wine Store Licence Auction Act) On May 14, 2015, the Province enacted the Special Wine Store Licence Auction Act. The Act is not yet in force and it is not known when it will be brought into force. When it is brought into force, the Special Wine Store Licence Auction Act (and the yet to be enacted regulations to be made under it) will provide for an auction system by which a limited number of successful bidders will be sold the right to acquire new “special wine store licences” under the Liquor Control and Licensing Act. It is not known how many new licences the Province intends to distribute under this Act. The new licences issued under the Act will allow wine, cider and sake produced from British Columbia products to be sold from approved locations within grocery stores. Like existing wine store licensees who relocate to grocery stores (or to any other location), persons who acquire special wine store licences under the Special Wine Store Licence Auction Act will not be subject to the requirement that the grocery store within which wine, cider and sake is to be sold be located at least 1 kilometre from an existing licensee retail store. 9 Under the Act, “grocery store” is defined as follows: "grocery store" means a store that (a) is primarily engaged in retailing food and non-alcoholic beverages that are specified in the regulations, and (b) has an area of at least 929 square metres; 2. Planning Analysis Location of Existing Liquor Stores and Eligible Grocery Stores: Appendix D shows the locations of existing grocery stores in Maple Ridge that meet the eligibility criteria under the Provincial regulations. It also shows the location of private and government liquor stores (see Appendix E for LCLB category and City Zoning). The proximity of those stores to the eligible grocery stores is shown by a 1 kilometre circle around each grocery store. The following is a list of the eligible grocery stores in Maple Ridge and the private and government liquor stores: Grocery Stores 1. Safeway, located at 20201 Lougheed Highway (Zoned CD-2-98) 2. Overwaitea Foods (Save-on-Foods), located at 20395 Lougheed Highway (C-2) 3. Langley Farmers Market, located at 11935 207 Street (C-2) 4. Extra Foods, located at 22427 Dewdney Trunk Road (C-3) 5. Thrifty Foods, located at 11900 Haney Place (C-3) 6. Overwaitea Foods (Save-on-Foods), located at 22703 Lougheed Highway (C-3) 7. Save-on-Foods (former Cooper’s Foods), located at 23981 Dewdney Trunk Road (C-2) Liquor Stores (Private and Government) A. Specialty Liquor Store, located at 160 20398 - Dewdney Trunk Road (Westgate Mall) B. Maple Ridge Liquor Store, located at 20690 Lougheed Highway (former Buffalo Club) C. Dartford’s Liquor Store, located at 11232 Dartford Street D. The Office Liquor Store, located at 21525 Dewdney Trunk Road E. Firefly Fine Wines and Ales (Maple Ridge) , located at 21755 Lougheed Highway F. Haney Motor Hotel, located at 22222 Lougheed Highway G. Witch of Endor LRS, located at 22648 Dewdney Trunk Road H. Haney (Government Liquor Store #065), located at 300-22709 Lougheed Highway I. Black Sheep Pub Liquor Store, located at 12968 232 Street J. Outpost Liquor Store (The) , located at 23988 Dewdney Trunk Road K. Shake & Shingle Liquor Store, located at 9610 287 Street 10 Zoning Bylaw: Maple Ridge Zoning Bylaw No. 3510-1995 defines the terms “Retail” and “Licensee Retail Store” as follows: RETAIL means a use providing for the sale for final consumption, in contrast to a sale for further sale or processing, and includes accessory manufacturing or assembly of the articles for sale, and excluding adult entertainment and pawnshop use. LICENSEE RETAIL STORE means an establishment with a valid Licensee Retail Store License provided by the Liquor Control and Licensing Branch that is permitted to sell all types of packaged liquor for consumption off the premise. Wine stores engage in retail use falling within the definition of “retail” in the bylaw. Wine stores do not fall within the definition “licensee retail store,” because they are permitted under their licence to sell limited types of packaged liquor. Wine stores are thus currently permitted only in zones in which the use “retail” is allowed. Private liquor stores operate under the provincial regulations pursuant to a licensee retail store licence, a type of licence which is described under the regulations as allowing the sale of all types of packaged liquor (subject to case specific licence limitations). They therefore fit within the definition of “licensee retail store” in the Zoning Bylaw. Accordingly, private liquor stores are currently permitted in those zones in which “licensee retail store” is permitted. The seven eligible grocery stores identified in a previous section are all zoned either COMPREHENSIVE DEVELOPMENT CD-2-98 (permits a grocery store), COMMUNITY COMMERCIAL C-2 and TOWN CENTRE COMMERCIAL: C-3. Are zones in which both “retail” and “licensee retail store” are permitted uses. Other zones where both “retail” and “licensee retail store” are permitted uses include: VILLAGE CENTRE COMMERCIAL C-5, HERITAGE COMMERCIAL H-1, CD-2-85, CD-1-86, CD-1- 87, CD-5-88, CD-6-88, CD-3-92 (permits a grocery store) and the proposed CD-1-13 (located at Brown Avenue and Edge Street currently at 3rd reading). Under the current zoning wine stores or licensee retail stores could both be located within any of the seven grocery stores listed in the previous section. Possible Outcomes if No Zoning Amendment: Wine in Grocery Stores Based on the definition of “eligible grocery store” in the Liquor Control and Licensing Regulation and of “grocery store” in the Special Wine Store Licence Auction Act, certain grocery stores in Maple Ridge would be eligible to have a wine store licence relocated to the store under the Liquor Control and Licensing Regulation as of April 1, 2015 or to have a wine, cider and sake sold in the store pursuant to a special wine store licence issued in respect of its location once the Special Wine Store Licence Auction Act is in force. 11 These grocery stores are as follows: 1. Safeway, located at 20201 Lougheed Highway 2. Overwaitea Foods (Save-on-Foods), located at 20395 Lougheed Highway 3. Langley Farmers Market, located at 11935 207 Street 4. Extra Foods, located at 22427 Dewdney Trunk Road 5. Thrifty Foods, located at 11900 Haney Place 6. Overwaitea Foods (Save-on-Foods), located at 22703 Lougheed Highway 7. Save-on-Foods (former Cooper’s Foods), located at 23981 Dewdney Trunk Road Liquor stores in grocery stores The Liquor Control and Licensing Regulation would prevent any licensee retail store from outside Maple Ridge relocating to any grocery store in Maple Ridge, because the eligible grocery stores are all within 1 kilometre of an existing licensee retail store. However, there appear to be two licensee retail stores in Maple Ridge that could possibly relocate to a Maple Ridge grocery store. The Specialty Liquor Store (Westgate Mall) at 160 – 20398 Dewdney Trunk Road could possibly relocate to Safeway store because it would be moving further away from the other licensee retail stores that are currently within a kilometre from it. The General Manager would have discretion under section 14(6)(c) of the Liquor Control and Licensing Act to approve the move. Second, the General Manager could approve a move by the Outback Liquor Store from its current location at 240th, to Save-on- Foods (former Cooper’s Foods) at 240th Street, because it would not be moving to within a kilometre of another licensee retail store. The Policy Directive augments one aspect of the distance separation rule. Previously exempt, Government liquor stores became subject to the I kilometre separation rule. The following is quoted from the Directive:  Licensee Retail Stores (LRS) and BC Liquor Stores (BCLS) may relocate to a store within- a-store grocery store, subject to distance restrictions  The 1 km distance criteria separating LRS’s has been retained and extended to include BCLS’s The Policy Directive sets out the following: BC Liquor Store Relocations Effective April 1, 2015, the one kilometre rule is extended to BC Liquor Stores, prohibiting them from locating within one kilometre of a LRS and vice versa. There is an exception for BC Liquor Stores that already have store relocations in process. If a BCLS can demonstrate they had valid interest the new location prior to February 27, 2015, they will be exempt from the one kilometre rule. The same exception was applied previously to LRS’s when the distance restriction was implemented. 12 Other Municipalities: LCLB staff has indicated a number of municipalities have been prompted by ABLE BC or generally about the absence of a geographic criteria for the licensing of wine sales in grocery stores. The following are some examples or practices in place in other municipalities: Kamloops A bylaw was taken forward to Public Hearing in Kamloops on July 28, 2015, to amend the General Regulations by adding the following provision: “No retail liquor sales may occur within 1 km of another retail liquor sales use (as measured in a straight line form the primary retail entrance to the primary retail entrance).“ Following the Public Hearing, the amendment was defeated on a tie vote. However, there was a more recent motion to bring the matter back for reconsideration and the decision was made to proceed with the bylaw. Vancouver: The City of Vancouver’s Zoning and Development Bylaw defines a “liquor store” and excludes it from “retail” and “commercial” uses. They also have Liquor Store Guidelines, which limit the number of liquor stores within a Local Shopping Area. The City is currently holding all of their “wine-on-the- shelf” applications until they conduct a formal review of their bylaws later this year or in 2016. Pitt Meadows: Staff was directed by Council to contact the City of Pitt Meadows to determine if they intend to apply the 1 km distance restriction on their alcohol retailers, as Council was concerned about the impact of this on the grocery stores located on the west side of Maple Ridge. Their Staff responded on July 29, 2015, that they are looking into the implications of the new regulations. They have forwarded some questions to the LCLB and are awaiting a response before determining their course of action. Staff will inform Maple Ridge of their correspondence moving forward. Burnaby: The City of Burnaby has broader restrictions in place. Their Zoning Bylaw has restricted private and government stores for a number of years. LRS and BCLS are defined and each is allowed in its own separate zone. For example, their General Commercial District (C3) zone permits a wide range of uses, but not a LRS or BCLS. The C3a zone includes all C3 Zone uses plus a BCLS; the C3h zone allows all C3 zone uses plus a LRS. Therefore, any new or an existing liquor and wine store being transferred to a property not allowing these uses is assessed through rezoning on its own merits. Therefore, the recent change in legislation with the absence of the “1-km Rule” does not change the process and wine stores in grocery stores would require rezoning. 13 Coquitlam: Coquitlam’s Zoning Bylaw prohibits liquor sales in grocery or convenience stores and requires stores permitted to sell liquor to be located a minimum of 300 metres (984 feet) from each other and from schools, parks and places of worship. Coquitlam Council is considering these options for retail sales of wine in grocery stores: • Maintain the current prohibition; • Amend to permit BC wines on the sales by grocery stores; or • Amend to permit BC wines on the sales by grocery stores, but apply the 300 metre (983 foot) or some other separation distance requirement. Surrey: The South Point Save-On-Foods in Surrey become the first grocery store in BC where wine is sold in a grocery store. It is a wine on a shelf model. In this location, a BC Wine Institute VQA Wine licence was transferred to establish a “wine-on-shelf” section in the existing store. The front portion of about three food aisles, closest to the check out and customer service desk, have wines on shelve for sale (Appendix F for photos). City of Surrey staff advised that no regulations to limit wine sales in grocery stores are being contemplated at present. Options: Keep the status quo There are no wine store licences in Maple Ridge at present. If a person wished to relocate a wine store to any location in Maple Ridge before the recent amendments to the provincial regulations, they could have done so as long as the site was zoned for “retail” use and so long as the store operated in accordance with the old provincial regulations. Those regulations did not impose a distance separation rule for wine stores, but until the April 1, 2015 amendments they did effectively prohibit liquor from being sold in grocery stores, because they required all liquor retail outlets to be separated from, and not associated with other stores. Recognizing that the 1 kilometre separation rule that is applicable to licensee retail stores was not applicable to wine stores even under the old provincial regulations, one option for Council is to keep the status quo. This would result in the possibility of wine store licences being relocated to any of the seven eligible grocery stores in Maple Ridge. Implement a rule that would prevent liquor sales in any grocery store that is within 1 kilometre of an existing licensee retail store Staff has identified two options if Council wishes to proceed with a bylaw amendment: (a) Outright prohibition of the sale of liquor in grocery stores. Since all of the grocery stores in Maple Ridge that are eligible for liquor sales under the provincial regime are located within 1 kilometre of an existing liquor store, one option is to simply prohibit liquor sales in grocery stores altogether. This option would extend the prohibition to include future grocery stores that may be located more than 1 kilometre from any liquor store, but if such a grocery store is constructed and an application made to locate a wine store or liquor store in it, Council 14 could deal with such a request by considering a site-specific zoning amendment at that time. The amending bylaw to implement this option is attached as Appendix G. (b) 1 kilometre rule This option would involve prohibiting the sale of liquor in any grocery store that is located within 1 kilometre of any existing liquor store. A bylaw to implement this option is attached as Appendix H. Recommendation regarding bylaw amendment options: If Council wishes to proceed with a zoning amendment, staff recommends option (a), the outright prohibition of liquor sales in grocery stores. That option would achieve the same result as a 1 kilometre rule given that all of the existing eligible grocery stores in Maple Ridge are located within a kilometre of an existing liquor store. It also eliminates the need for owners to look beyond the bylaw (to calculate distances) in order to determine the application of the bylaw in a particular case. CONCLUSION ABLE BC wrote to Council about the potential impact of the “1 km Rule” being absent from the requirements considered by the LCLB in the policy to transfer licenses for wine stores to grocery stores. To apply this rule, Council asked for this report to bring forward options to amend the Zoning Bylaw. Given the “1-km Rule” has not applied to wine store licences in the past, one of the options available to Council is to keep the “status quo” and not proceed with a zoning bylaw amendment. The other option is to proceed with a zoning amendment either (a) to prohibit liquor sales in all grocery stores or (b) to prohibit liquor sales in grocery stores that are within 1 kilometre of a liquor store. Zone amending bylaws for both options are attached for Council’s consideration. 15 If Council wishes to proceed with one of the zoning amendment bylaw options, it may give first and second reading of the applicable bylaw at Workshop and direct staff to forward the bylaw to the September Public Hearing. “Original signed by Adrian Kopystynski” ____________________________________________ Prepared by: Adrian Kopystynski, MCIP, RPP, MCAHP Planner “Original signed by Christine Carter” _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng. GM: Public Works & Development Services “Original signed by Kelly Swift” for _______________________________________________ Concurrence: Paul Gill, Acting Chief Administrative Officer The following appendices are attached hereto: Appendix A – Letter from Alliance of Beverage Licensees (ABLE BC) Appendix B – Bill 22 Appendix C Policy Directive 15-01 Appendix D – Map of Liquor Stores and Eligible Grocery Stores Appendix E – LCLB issued licences Private Liquor Store & BC Liquor Store Locations in Maple Ridge Appendix F – South Surrey Save-on-Foods “Wine on Selves” Appendix G – Zone Amending Bylaw No. 7162-2015 for prohibiting liquor sales in all grocery stores Appendix H – Zone Amending Bylaw No. 7162-2015 for establishing 1 kilometre prohibition Liquor Control and Licensing Branch POLICY DIRECTIVE No: 15 - 01 February 26, 2015 To: All LCLB staff All Industry Associations All Local Government, First Nations, and Police Agencies Re: Liquor Policy Review Recommendations #19 and 20: Phased-in Implementation of Liquor in Grocery stores Introduction The implementation of the Liquor Policy Review (LPR) report recommendations will permit the implementation of liquor sales in grocery stores, effective April 1, 2015. This directive describes the following key policies that will allow liquor and wine sales in grocery stores effective April 1, 2015:  Grocery store eligibility has been defined  Grocery stores may sell liquor either in a store-within-a-store or 100% BC wine on the shelf, but not both at the same location  Licensee Retail Stores (LRS) and BC Liquor Stores (BCLS) may relocate to a store- within-a-store grocery store, subject to distance restrictions  The 1 km distance criteria separating LRS’s has been retained and extended to include BCLS’s  The regulation restricting LRS relocation outside its local government/First Nation jurisdiction (i.e. the 5 km rule) has been repealed  The LRS moratorium has been maintained  Wine stores, other than winery-owned and sacramental wine stores, may relocate to grocery stores in either a store-within-a-store model or for the sale of 100% BC wine off store shelves  LRS’s and wine stores owned by or located within eligible grocery stores may co- brand Statutory Authority and Policy Rationale Government has approved regulations setting out an application lottery procedure for the initial relocation applications. Sections 14.01, 14.02 and 14.03 have been added to the regulations. The new sections of the regulations have been posted to the LCLB website at www.pssg.gov.bc.ca/lclb. Government intends to bring into force the necessary regulations prior to the April 1, 2015 implementation date to allow the movement of liquor and wine into grocery stores. The policy outcomes of these additional regulations are reflected below. The following summarizes changes to the policies and regulations and describes the eligibility criteria, application period, application process, and related procedures. Grocery stores Eligibility To be eligible for liquor sales, a grocery store must have a minimum of 10,000 square feet of space, including storage space, and must be primarily engaged in retailing a general line of foods including canned, dry and frozen food, fresh fruits and vegetables, fresh and prepared meats, fish and poultry, dairy products, baked products and snack foods, and non-liquor beverages. To maintain eligibility, these conditions must continue to be met, along with the following additional requirements: that the sales revenue from food and non-liquor beverages:  totals at least 70% of non-liquor sales, and  totals at least 50% of all sales, including liquor sales from a retailer located in the grocery store.1 Convenience stores and multipurpose stores are not eligible. Liquor stores within grocery stores The liquor store within the grocery store must be at least 1 km away from any other LRS or BC Liquor Store. Distance is measured from the front door of the other liquor store to the front door of the store within the grocery store, as the crow flies. Liquor stores within grocery stores must be physically separated from the rest of the grocery store with controlled access and separate cash tills within the liquor store. The same shopping cart will be permitted to move between the grocery and liquor stores. The entire perimeter of the licensed area must be identifiable. The majority of the perimeter of the licensed area must be bounded by a fixed and immoveable barrier. For the portion of the perimeter that is not fixed and immovable, the barrier must be sufficient to:  monitor and control entrance to the licensed area,  prevent unaccompanied minors from accessing the area,  secure the retail area when required (i.e. when operating hours for the liquor retail area do not align with grocery store hours), and  identify the main entrance (including what is considered to be the front door) to the licensed area. An eligible grocery store will be able to co-brand with an LRS that is located within the grocery store or with any stand-alone LRS that the eligible grocery store owns, regardless of its location. The grocery store and the associated LRS must be legally affiliated and either the same legal entity or wholly owned subsidiaries of the same legal 1 Original wording was revised on March 17th, 2015 to clarify the eligibility requirements for grocery stores. entity for stand-alone stores.2 Wine in Store Effective April 1, 2015, wine store licences, other than winery-owned or sacramental wine stores, may be relocated to a grocery store. A wine store licence can relocate within a grocery store, either in a separate store or on shelf. There is no distance restriction between other liquor retail or wine store outlets that prohibits the relocation of a wine store. Wine stores within grocery stores must be physically separated from the rest of the grocery store in the same manner as a liquor store within a grocery store, as described above. The wine store-within-a-store may sell any type of wine that is permitted under the terms and conditions of their licence. For example, an independent wine store can sell any imported or domestic product. A BC VQA store can only sell BC VQA wine. An eligible grocery store will be able to co-brand with a wine store that is located within the grocery store or with any stand-alone wine store that the grocery store owns. The owner of the grocery store and the wine store must be the same legal entity for stand- alone stores. Wine on Shelf A wine store licence can relocate to a shelf within a grocery store effective April 1, 2015. The wine store licensee must transfer the wine store licence to the grocery store owner. The exception is for BC VQA stores whose licences are held by the BC Wine Institute (BCWI). In that case, the BCWI will continue to hold the licence but must apply to appoint the grocery store as the third party operator. The types of products that may be sold off the shelf will be determined by the type of wine store licence as described below. If the wine store licence allows the sale of only BC VQA wines, then only BC VQA wines can be sold off the shelf. If the wine store licence allows wine to be sold that is made from 100% BC agricultural products, all types of BC wine, including cider, mead and sake, can be sold off the shelf. If the wine store licence allows all types of wine (imported and domestic) to be sold, only 100% BC produced wine (including cider, mead and sake) may be sold off the shelf, and the terms and conditions of the wine store licence will be amended to reflect this restriction. 2 Original wording was revised on May 13, 2015 to clarify the corporate relationship requirement for eligible grocery store to co-brand with stand-alone stores. Wine that is sold off the shelf may be purchased at designated tills or regular tills. Regardless of the type of till, the staff making the sale must have Serving it Right certification and be at least 19 years of age. Floor plans/separation requirements for wine on the shelf The licensee is responsible for determining their product display area and the tasting area, if tastings are offered. The product display area does not need to be bounded and may encompass a variety of shelf configurations such as a small corner of the store, a kiosk, multiple shelves on one or both sides of an aisle, etc. as long as the following conditions are met:  All product to which the public has access must be within one contiguous product display area within the grocery store; separate “wine sections” are not permitted.  The liquor must be able to be secured and inaccessible to the public during the hours that liquor is not available for sale (e.g. when licensed hours do not align with the grocery store’s hours of operation) The licensee may move the product display area within the grocery store without notifying the Branch, as long as it continues to meet the above-noted conditions. Liquor inventory may be securely stored within the non-public areas of the store (i.e. stockroom) or in an approved off-site storage using the form found here: http://www.pssg.gov.bc.ca/lclb/docs-forms/LCLB027.pdf). The licensee must submit a security plan to the LCLB indicating how they will guard against shop-lifting and ensure minors do not access the product on the shelf. One tasting area is permitted. It must be immediately adjacent to the product display area and must be defined by a physical barrier (e.g. ropes and stanchions). Only product sold off the shelves may be offered for tasting. For additional information about tastings, please refer to the guidebook for wine store licensees at http://www.pssg.gov.bc.ca/lclb/docs-forms/guide-winestore.pdf. Liquor Retail Stores LRS distance and relocation criteria Effective April 1, 2015 the restriction that limited LRS relocation to its own local government/First Nation jurisdiction or up to five kilometers if moving outside the jurisdiction will be eliminated. LRS’s can now apply to relocate anywhere in the province. The regulation prohibiting the relocation of a LRS to within one kilometre of another LRS has been maintained. BC Liquor Store Relocations Effective April 1, 2015, the one kilometre rule is extended to BC Liquor Stores, prohibiting them from locating within one kilometre of a LRS and vice versa. There is an exception for BC Liquor Stores that already have store relocations in process. If a BCLS can demonstrate they had valid interest the new location prior to February 27, 2015, they will be exempt from the one kilometre rule. The same exception was applied previously to LRS’s when the distance restriction was implemented. Application Process to relocate liquor stores from February 27 to March 27, 2015 The elimination of the 5 kilometre restriction may create an initial surge of LRS relocation applications. Due to the 1 km rule, it is critical to determine the order of applications. This is because applications assessed first may negatively affect applications assessed later if the proposed sites are within close proximity. To ensure a fair process, Sections 14.01, 14.02 and 14.03 have been added to the regulations. These sections establish a lottery system to determine the order of applications. Relocation Lottery LRS licensees and BC Liquor Stores will have a four week window from February 27 to March 27, 2015 to apply to relocate. All complete applications received during this window will be placed in the lottery with the order of applications determined on April 1, 2015 and then communicated to applicants. Incomplete applications will not be entered into the lottery and will be dealt with after the lottery applications are processed. On Friday 27 February 2015, the Liquor Control and Licensing Branch (LCLB) will no longer accept applications for consideration under the previous rules and procedures. From Friday 27 February until 4:30pm on Friday 27 March 2015, all LRS and BCLS relocation applications received by the LCLB will be set aside to determine eligibility for the lottery. Applicants wishing to be included in the lottery process must download an updated application form package which lays out instructions and criteria for submitting a complete application. Other than for processing payments, the LCLB will not be contacting applicants until after the lottery takes place on April 1, 2015. Only one application may be submitted per LRS licence number or BCLS store number. Once the application package has been submitted, the LCLB will not accept amendments to the application. Applicants have the option of contacting the LCLB to terminate their application if they wish to withdraw and submit a new application package during the lottery window; application fees will not be refunded. If an applicant submits a second application without cancelling the first one, the second application will be returned to the applicant. Any applications received by the LCLB after 4:30pm on Friday 27 March 2015, will be reviewed and considered in the order they are received, but only following all the applications received during the lottery intake period. LCLB staff will determine the applications that are eligible to be placed into the lottery. Eligible and ineligible applicants will be notified regarding their status and any options for going forward, but not prior to the lottery being completed. Eligible applications will have their LRS licence number or BCLS store number entered into the lottery. On April 1, 2015, the LCLB will conduct the lottery to determine the order in which eligible applications will be reviewed and considered for relocation. The procedures for the lottery draw are attached as Appendix A. If an application is unsuccessful because it is within 1 km of another application drawn earlier in the lottery, the application fee will be returned to the unsuccessful applicant. The application fee will not be refundable if the proposed location is within 1 km of a LRS or BCLS whose address was posted on the LCLB website prior to February 27, 2015. Complete Applications Only complete applications will be eligible to be entered into the lottery. To be complete, the application must include: 1. The application form, with all fields completed 2. The application fee of $330 3. Proof of valid interest for the proposed LRS or BC Liquor Store location 4. Scaled site plan of the proposed liquor store site showing all the buildings and entrances of those buildings, including any street names. The location for the front entrance door of the proposed LRS establishment must be identified on the site plan. 5. Photographs showing the proposed site 6. Grocery Store Declaration if the proposed liquor store site is located within a grocery store. Applicants will not be advised if their application is incomplete until after the lottery has been concluded. The application form, application guide, application checklist, grocery store declaration can be found at http://www.pssg.gov.bc.ca/lclb/policy/relocation.htm. The onus is on the applicant to ensure that all requirements set out in the application materials are complete and received at the Liquor Control and Licensing Branch no later than 4.30 p.m. on March 27, 2015. Any application received after that time will not be eligible to be entered into the lottery regardless of the reason. Failure to provide the above documentation will result in an incomplete application with the following consequences:  Incomplete applications will not be reviewed for compliance with the 1 km distance criteria  Incomplete applications will not secure your proposed site or the 1 km radius surrounding it  Incomplete applications will not be put into lottery Structural changes and relocations Structural changes are changes to existing construction, and are defined in detail in section 6.2.1 of the Liquor Licensing Policy Manual. Where an LRS proposes to move to an address at the same site and within the existing building (with the same parcel identifier number) or to a location that is attached to or abutting the existing building, this is considered a structural change application. A structural alteration that meets this criteria is not considered a relocation and is not subject to the 1 km distance restriction. If a LRS or BCLS is attached to or abutting an eligible grocery store, they can apply for a structural alteration to remove the wall to create a store-in-store liquor store. The LRS or BCLC can submit an application for structural change as of February 27, 2015, together with the Grocery Store Declaration. The licensee cannot begin structural alterations until they have received approval in principle from LCLB. The final approval to complete the licensing of the store-within-a store cannot be concluded prior to April 1, 2015 when the prohibition against a LRS co-branding with an eligible grocery store is eliminated. LRS Applications after March 27, 2015 All LRS relocation applications received after 4.30 p.m. on March 27, 2015 will be reviewed in the date order they are received and only after the applications received during the lottery intake period. Further Information Further information regarding liquor control and licensing in British Columbia is available on the Liquor Control and Licensing Branch website at http://www.pssg.govbc.ca/lclb. If you have any questions regarding these changes, please contact the Liquor Control and Licensing Branch toll free in Canada at 1-866-209-2111 or 250 952-5787 if calling within the Victoria area. Original signed by: Douglas Scott Assistant Deputy Minister and General Manager DATE: Aug 10, 2015FILE: GroceryLiquorStores.mxdGrocery and Liquor StoresCity of PittMeadowsDistrict ofLangleyDistrict of MissionFRASER R.^PLANNING DEPARTMENT´KanakaCreekKanakaCreekWhonnockLakeWhonnockCrWhonnockCrNorAlouetteRivAlouette Riv erNorthAlouetteRiver Fraser RiverFraser RiverFraser RiverA louetteRiver203 ST 216 ST124 AVELAITY ST123 AVE224 ST132 AVE128 AVEFERN256 ST248 ST284 ST104 AVE272 ST272 ST112 AVE264 ST100 AVE256 ST240 ST112 AVE232 ST128 AVEGOLDENWAYEARS132 AVEHANEY BYPASS207 ST 210 ST232 ST232 ST228 ST240 ST248 ST104 AVE102 AVE280 ST264 STLOUGHEED HWYDEWDNEY TRUNK RDDEWDNEY TRUNK RDLOUGHEED HWYLOUGHEED HWYGOLDEN EARS WAYCity of Maple RidgeCity of Maple RidgeCity of Pitt MeadowsDistrict of Mission!(!(!(!(!(!(")")")")")")")")")")")!(CKID3AJEBHFG746215The City of Maple Ridge makes no guaranteeregarding the accuracy or present status ofthe information shown on this map.Scale: 1:45,000BY: DTLegend!(Grocery Store and 1 Km Radius")Liquor StoreA - Specialty Liquor Store 160- 20398 DEWDNEY TRUNK RDB - Maple Ridge Liquor Store 20690 LOUGHEED HWYC - Dartford’s Liquor Store 11232 DARTFORD STD - The Office Liquor Store 21525 DEWDNEY TRUNK RDE - Firefly Fine Wines and Ales (Maple Ridge) 21755 LOUGHEED HWYF - Haney Motor Hotel 22222 LOUGHEED HWYG - Witch of Endor LRS 22648 DEWDNEY TRUNK RDH - #065 BC Liqour Store 300-22709 LOUGHEED HWYI - Black Sheep Pub Liquor Store 12968 232 STREETJ - Outpost Liquor Store (The) 23988 DEWDNEY TRUNK ROADK - Shake & Shingle Liquor Store 9610 287 STLiquor StoresGrocery Stores1 - Safeway located at 20201 Lougheed Highway2 - Overwaitea Foods (Save-on-Foods) located at 20395 Lougheed Highway3 - Langley Farmers Market located at 11935 207 Street4 - Extra Foods located at 22427 Dewdney Trunk Road5 - Thrifty Foods located at 11900 Haney Place6 - Overwaitea Foods (Save-on-Foods) located at 22703 Lougheed Highway7 - Save-on-Foods (former Cooper’s Foods) located at 23981 Dewdney Trunk Road 16 APPENDIX E: Private Liquor Store and BC Liquor Store Locations MAP LOCATION NAME ADDRESS CATEGORY ZONING A SPECIALTY LIQUOR STORE 160- 20398 DEWDNEY TRUNK RD Private Liquor Store C-2 B MAPLE RIDGE LIQUOR STORE 20690 LOUGHEED HWY Private Liquor Store C-2 C DARTFORDS LIQUOR STORE 11232 DARTFORD ST Private Liquor Store C-4 D THE OFFICE LIQUOR STORE 21525 DEWDNEY TRUNK RD Private Liquor Store C-4 E FIREFLY FINE WINES AND ALES (MAPLE RIDGE) 21755 LOUGHEED HWY Private Liquor Store C-2 F HANEY MOTOR HOTEL 22222 LOUGHEED HWY Private Liquor Store C-3 G WITCH OF ENDOR LRS 22648 DEWDNEY TRUNK RD Private Liquor Store C-3 H HANEY GLS 065 300 - 22709 LOUGHEED HWY BC Liquor Store C-3 I BLACK SHEEP PUB LIQUOR STORE 12968 232 STREET Private Liquor Store CS-1 J OUTPOST LIQUOR STORE (THE) 23988 DEWDNEY TRUNK ROAD Private Liquor Store CS-1 K SHAKE & SHINGLE LIQUOR STORE 9610 287 ST Private Liquor Store C-4 Source: Liquor Control and Licensing Branch (August 4, 2015) http://www.pssg.gov.bc.ca/lclb/licensed/liquor_retail_location.htm 17 Appendix F South Surrey Save-on-Foods “Wine-on-Shelves” section CITY OF MAPLE RIDGE BYLAW NO. 7162-2015 A Bylaw to prohibit liquor sales in grocery stores ___________________________________________________________ WHEREAS it is deemed expedient to amend Maple Ridge Bylaw No. 3510-1985; NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows: Citation 1. This Bylaw may be cited as “Maple Ridge Zone Amending Bylaw No. 7162-2015.” Amendments 2. Maple Ridge Zoning Bylaw No. 3510-1985 is amended by adding the following under Part 4, GENERAL REGULATIONS, Section 401(3): (g) The sale in or from a grocery store, or in or from a store located in a grocery store, of beer, cider, wine or spirits, or any other product intended for human consumption, that contains more than 1% alcohol by volume, except a product produced primarily for cooking purposes. READ a first time the 31st day of August, 2015. READ a second time the 31st day of August, 2015. PUBLIC HEARING held the 15th day of September, 2015. READ a third time the day of 2015. ADOPTED the day of 2015. PRESIDING MEMBER CORPORATE OFFICER CITY OF MAPLE RIDGE BYLAW NO. XXXX-XXXX A Bylaw to prohibit liquor sales in grocery stores within one kilometre of a liquor store __________________________________________________________________________ WHEREAS it is deemed expedient to amend Maple Ridge Bylaw No. 3510-1985; NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows: Citation 1. This Bylaw may be cited as “Maple Ridge Zone Amending Bylaw No. 7162-2015.” Amendments 1. Maple Ridge Zoning Bylaw No. 3510-1985 is amended by adding the following under Part 4, GENERAL REGULATIONS, Section 401(3): (g) The sale in or from an ineligible grocery store, or in or from a store located in an ineligible grocery store, of beer, cider, wine or spirits, or any other product intended for human consumption, that contains more than 1% alcohol by volume, except a product produced primarily for cooking purposes, and for this purpose “ineligible grocery store” means a grocery store any part of any public entrance to which is located within 1 kilometre, measured in a straight line, from any part of any public entrance to a Licensee Retail Store or government liquor store that is carrying on business when sales referred to in this section commence. READ a first time the day of 2015. READ a second time the day of 2015. PUBLIC HEARING held the day of 2015. READ a third time the day of 2015. ADOPTED, the day of 2015. _______________________________ ________________________ PRESIDING MEMBER CORPORATE OFFICER