HomeMy WebLinkAbout2017-06-20 Public Hearing Agenda and Reports.pdf
City of Maple Ridge
PUBLIC
HEARING
June 20, 2017
CITY OF MAPLE RIDGE
PUBLIC HEARING
AGENDA
1) 2017-115-RZ
10181 247 Street
Lot 1, Section 3, Township 12, New Westminster District, Plan EPP68470
Maple Ridge Zone Amending Bylaw No. 7321-2017
To rezone from R-1 (Residential District) to RS-1b (One Family Urban [Medium Density]
Residential) to rectify the split-zoning that currently applies to the subject property. This is
not creating a new lot.
2) 2016-008-RZ
11016, 11032 and 11038 240th Street
Lot 5, Section 10, Township 12, New Westminster District, Plan 17613;
South Half Lot 4, Section 10, Township 12, New Westminster Plan 17613;
North Half Lot 4, Section 10, Township 12, New Westminster Plan 17613.
Maple Ridge Official Community Plan Amending Bylaw No. 7326-2017
To amend Albion Area Plan Schedule 1 from Low/Medium Density Residential to
Conservation and Medium Density Residential.
To add to Conservation on Schedule C.
Maple Ridge Zone Amending Bylaw No. 7218-2016
To rezone from RS-3 (One Family Rural Residential) to RM-1 (Townhouse Residential) to
permit the future development of 15 townhouse units.
Maple Ridge Zone Amending Bylaw No. 7219-2016
To rezone from RS-3 (One Family Rural Residential) to R-3 (Special Amenity Residential
District) for a future 8 lot subdivision.
PUBLIC HEARING AGENDA
June 20, 2017
7:00 p.m.
Council Chambers, 1st Floor, City Hall
The purpose of the Public Hearing is to allow all persons who deem themselves affected by any
of these bylaws a reasonable opportunity to be heard before Council on the matters contained
in the bylaws. Persons wishing to speak for or against a bylaw will be given opportunities. You
will be asked to give your name and address. Please note that all written submissions provided
in response to this consultation including names and addresses will become part of the public
record which includes the submissions being made available for public inspection. Further
consideration of bylaws on this agenda will be at the next regular Council meeting.
The meeting is recorded by the City of Maple Ridge.
Public Hearing Meeting Agenda
June 20, 2017 Council Chamber
Page 2 of 3
3) 2016-464-RZ
20185 and 20199 McIvor Avenue
Lot 102, District Lot 263, Group 1, New Westminster District, Plan 50054
Lot 40, District Lot 263, Group 1, New Westminster District, Plan BCP30587
Maple Ridge Official Community Plan Amending Bylaw No. 7333-2017
To amend Schedule “B” of the Official Community Plan from Agricultural to Urban
Residential.
To amend the Urban Area Boundary.
Maple Ridge Zone Amending Bylaw No. 7308-2017
To rezone from RS-1 (One Family Urban Residential) to RS-1b (One Family Urban
[Medium Density] Residential) for a future 9 lot subdivision.
4) 2015-297-RZ
23025, 23054, 23060, 23070, 23075, 23089 and 23095 Lougheed Highway and
11305, 11383, 11428 and 11438 232 Street
Lot 31 District Lots 402 and 403 Group 1 New Westminster District Plan 61595;
Lot 32 District Lots 402 and 403 Group 1 New Westminster District Plan 61595;
Lot 27 Except: Part on Statutory Right of Way Plan 71204; District Lot 403 Group 1 New
Westminster District Plan 44493;
Lot 28 Except Part in Highway Plan 71204, District Lot 403 Group 1 New Westminster
District Plan 44493;
Lot 29, Except: Part on Statutory Right Of Way Plan 71204, District Lot 403 Group 1 New
Westminster District Plan 44493;
Lot 3 Section 16 Township 12 New Westminster District Plan 17222;
Parcel "M" (Reference Plan 681) District Lot 403 Group 1 New Westminster District;
Parcel "One" (Explanatory Plan 8328) of Parcel "J" (Reference Plan 3829) Except: Part on
Statutory Right of Way Plan 71204; District Lots 402 And 403 Group 1 New Westminster
District;
Parcel "D" (Reference Plan 1017) South West Quarter Section 16 Township 12 New
Westminster District;
Parcel "L" (Reference Plan 3957) of Parcel "J" (Reference Plan 3829), Except: Firstly :
Part on Statutory Right of Way Plan 4834; Secondly: Part Lying South of Road Shown on
Statutory Right of Way Plan 4834; Thirdly : Part on Statutory Right of Way Plan 71204;
District Lots 402 and 403 Group 1 New Westminster District;
Part (.015 Acres Plan 3041) of Parcel J (Reference Plan 3829) District Lot 403 Group 1
New Westminster District.
Maple Ridge Official Community Plan Amending Bylaw No. 7331-2017
To amend Schedule “B” of the Official Community Plan from Conservation and Urban
Residential to Urban Residential, Commercial, Conservation and Park.
To Amend Schedule “C” of the Official Community Plan to remove from Conservation and
to add to Conservation.
Public Hearing Meeting Agenda
June 20, 2017 Council Chamber
Page 3 of 3
Maple Ridge Zone Amending Bylaw No. 7183-2015
To rezone from RS-3 (One Family Rural Residential) to R-2 (Urban Residential District),
RM-1 (Townhouse Residential), C-1 (Neighbourhood Commercial) and P-1 (Park and
School) to permit future subdivision of approximately 89 R-2 lots and 262 townhouse
units.
AND
PART 7 COMMERCIAL ZONES, SECTION 701, SUB-SECTIONS 1 AND 8 NEIGHBOURHOOD
COMMERCIAL C-1 is amended by adding additional site specific uses and regulations to
accommodate development as proposed in Bylaw No. 7183-2015.
5) 2017-231-RZ
Maple Ridge Zone Amending Bylaw No. 7339-2017
To amend Part 2 Interpretation, Part 4 General Regulations, Part 6 Residential Zones and
Part 9 Institutional Zones of the Maple Ridge Zoning Bylaw No. 3510 – 1985 to regulate
supportive recovery homes and other care facility uses throughout the City.
The Bylaw defines a number of care facility uses which includes: “Assisted Living
Residence”, “Community Care Facility”, “Supportive Recovery Home” and “Transitional
Housing” and amends the existing definitions of “Elderly Citizen Residential”, “Family”
and “Private Hospital” to align with the newly defined care facility uses. The Bylaw
permits care facility uses in the RS-1, RS-1a, RS-1b, RS-1c, RS-1d, RS-2, and RS-3 zones,
but only on properties with a minimum lot area of 557 square metres (approx. 5,995
square feet) and where such care facility uses contain 10 or fewer residents and staff
combined. The Bylaw prescribes that care facility uses where the combined number of
residents and staff exceed 10 are to be located on properties in the P-2 Institutional
zone.
The Bylaw establishes a set of general regulations for care facility uses with 10 or fewer
residents and staff in the permitted residential zones: being contained in a single family
residential dwelling; satisfying minimum setbacks from other care facility uses, schools,
child care centres, and family day cares; requiring notification or approval from the
applicable Health Authority; cannot be on the same property as a secondary suite use,
detached garden suite use, boarding use, or temporary residential use; cannot be strata-
titled; cannot be on a property in a floodplain; and requiring that a Housing Agreement
with the City be completed. A Housing Agreement template has been prepared to
demonstrate what an Agreement might include, such as: a set of definitions; the
obligations of the owner; the requirements of the care facility use; the conditions of
residency; the obligations of the operator; and other miscellaneous provisions. NOTE: The
Housing Agreement does not form part of Maple Ridge Zone Amending Bylaw No. 7339-
2017.
CITY OF MAPLE RIDGE
NOTICE OF PUBLIC HEARING
TAKE NOTICE THAT a Public Hearing will be held in the Council Chamber of the City Hall, 11995
Haney Place, Maple Ridge, North-East corner entrance, at 7:00 pm., Tuesday, June 20, 2017 to
consider the following bylaws:
1) 2017-115-RZ
10181 247 Street
Lot 1, Section 3, Township 12, New Westminster District, Plan EPP68470
Maple Ridge Zone Amending Bylaw No. 7321-2017
To rezone from R-1 (Residential District) to RS-1b (One Family Urban [Medium Density]
Residential) to rectify the split-zoning that currently applies to the subject property.
This is not creating a new lot.
2) 2016-008-RZ
11016, 11032 and 11038 240th Street
Lot 5, Section 10, Township 12, New Westminster District, Plan 17613;
South Half Lot 4, Section 10, Township 12, New Westminster Plan 17613;
North Half Lot 4, Section 10, Township 12, New Westminster Plan 17613.
Maple Ridge Official Community Plan Amending Bylaw No. 7326-2017
To amend Albion Area Plan Schedule 1, as shown on Map No. 939, from Low/Medium
Density Residential to Conservation and Medium Density Residential .
To add to Conservation on Schedule C, as shown on Map No. 940.
Map No. 939 Map No. 940
Maple Ridge Zone Amending Bylaw No. 7218-2016
To rezone from RS-3 (One Family Rural Residential) to RM-1 (Townhouse Residential) to
permit the future development of 15 townhouse units.
Maple Ridge Zone Amending Bylaw No. 7219-2016
To rezone from RS-3 (One Family Rural Residential) to R-3 (Special Amenity Residential
District) for a future 8 lot subdivision.
3) 2016-464-RZ
20185 and 20199 McIvor Avenue
Lot 102, District Lot 263, Group 1, New Westminster District, Plan 50054
Lot 40, District Lot 263, Group 1, New Westminster District, Plan BCP30587
Maple Ridge Official Community Plan Amending Bylaw No. 7333-2017
To amend Schedule “B” of the Official Community Plan, as shown on Map No. 945,
from Agricultural to Urban Residential.
To amend the Urban Area Boundary, as shown on Map No. 944.
Map No. 944 Map No. 945
Maple Ridge Zone Amending Bylaw No. 7308-2017
To rezone from RS-1 (One Family Urban Residential) to RS-1b (One Family Urban
[Medium Density] Residential) for a future 9 lot subdivision.
4) 2015-297-RZ
23025, 23054, 23060, 23070, 23075, 23089 and 23095 Lougheed Highway and
11305, 11383, 11428 and 11438 232 Street
Lot 31 District Lots 402 and 403 Group 1 New Westminster District Plan 61595;
Lot 32 District Lots 402 and 403 Group 1 New Westminster District Plan 61595;
Lot 27 Except: Part on Statutory Right of Way Plan 71204; District Lot 403 Group 1 New
Westminster District Plan 44493;
Lot 28 Except Part in Highway Plan 71204, District Lot 403 Group 1 New Westminster
District Plan 44493;
Lot 29, Except: Part on Statutory Right Of Way Plan 71204, District Lot 403 Group 1 New
Westminster District Plan 44493;
Lot 3 Section 16 Township 12 New Westminster District Plan 17222;
Parcel "M" (Reference Plan 681) District Lot 403 Group 1 New Westminster District;
Parcel "One" (Explanatory Plan 8328) of Parcel "J" (Reference Plan 3829) Except: Part on
Statutory Right of Way Plan 71204; District Lots 402 And 403 Group 1 New Westminster
District;
Parcel "D" (Reference Plan 1017) South West Quarter Section 16 Township 12 New
Westminster District;
Parcel "L" (Reference Plan 3957) of Parcel "J" (Reference Plan 3829), Except: Firstly :
Part on Statutory Right of Way Plan 4834; Secondly: Part Lying South of Road Shown on
Statutory Right of Way Plan 4834; Thirdly : Part on Statutory Right of Way Plan 71204;
District Lots 402 and 403 Group 1 New Westminster District;
Part (.015 Acres Plan 3041) of Parcel J (Reference Plan 3829) District Lot 403 Group 1
New Westminster District.
Maple Ridge Official Community Plan Amending Bylaw No. 7331-2017
To amend Schedule “B” of the Official Community Plan, as shown on Map No. 942, from
Conservation and Urban Residential to Urban Residential , Commercial ,
Conservation and Park .
To amend Schedule “C” of the Official Community Plan, as shown on Map No. 943,
to remove from Conservation and to add to Conservation .
Map No. 942 Map No. 943
Maple Ridge Zone Amending Bylaw No. 7183-2015
To rezone from RS-3 (One Family Rural Residential) to
R-2 (Urban Residential District) , RM-1 (Townhouse Residential) ,
C-1 (Neighbourhood Commercial) and P-1 (Park and School) to permit
future subdivision of approximately 89 R-2 lots and 262 townhouse units.
AND
PART 7 COMMERCIAL ZONES, SECTION 701, SUB-SECTIONS 1 AND 8 NEIGHBOURHOOD
COMMERCIAL C-1 is amended by adding additional site specific uses and regulations to
accommodate development as proposed in Bylaw No. 7183-2015.
5) 2017-231-RZ
Maple Ridge Zone Amending Bylaw No. 7339-2017
To amend Part 2 Interpretation, Part 4 General Regulations, Part 6 Residential Zones and
Part 9 Institutional Zones of the Maple Ridge Zoning Bylaw No. 3510 – 1985 to regulate
supportive recovery homes and other care facility uses throughout the City.
The Bylaw defines a number of care facility uses which includes: “Assisted Living
Residence”, “Community Care Facility”, “Supportive Recovery Home” and “Transitional
Housing” and amends the existing definitions of “Elderly Citizen Residential”, “Family”
and “Private Hospital” to align with the newly defined care facility uses. The Bylaw
permits care facility uses in the RS-1, RS-1a, RS-1b, RS-1c, RS-1d, RS-2, and RS-3 zones,
but only on properties with a minimum lot area of 557 square metres (approx. 5,995
square feet) and where such care facility uses contain 10 or fewer residents and staff
combined. The Bylaw prescribes that care facility uses where the combined number of
residents and staff exceed 10 are to be located on properties in the P-2 Institutional
zone.
The Bylaw establishes a set of general regulations for care facility uses with 10 or fewer
residents and staff in the permitted residential zones: being contained in a single family
residential dwelling; satisfying minimum setbacks from other care facility uses, schools,
child care centres, and family day cares; requiring notification or approval from the
applicable Health Authority; cannot be on the same property as a secondary suite use,
detached garden suite use, boarding use, or temporary residential use; cannot be strata-
titled; cannot be on a property in a floodplain; and requiring that a Housing Agreement
with the City be completed. A Housing Agreement template has been prepared to
demonstrate what an Agreement might include, such as: a set of definitions; the
obligations of the owner; the requirements of the care facility use; the conditions of
residency; the obligations of the operator; and other miscellaneous provisions. NOTE: The
Housing Agreement does not form part of Maple Ridge Zone Amending Bylaw No. 7339-
2017.
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 Planning Department Counter of City Hall, between 8:00 am
and 4:00 pm from June 8, 2017 to June 20, 2017, Saturdays, Sundays and Statutory Holidays
excepted. You can view the entire Public Hearing Agenda complete with staff reports relating to the
items on the City website at www.mapleridge.ca/640 .
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 pm, June 20, 2017.
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 June, 2017.
Darrell Denton, Acting Corporate Officer
DEVELOPMENT APPLICATION CHECKLIST
FOR FILE 2017-115-RZ
File Manager: Michelle Baski
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 City 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.
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: May 9, 2017
and Members of Council FILE NO: 2017-115-RZ
FROM: Chief Administrative Officer MEETING: Council
SUBJECT: First and Second Reading
Zone Amending Bylaw No. 7321-2017
10181 247 Street
EXECUTIVE SUMMARY:
An application has been received to rezone the subject property, located at 10181 247 Street, from
RS-1b (One Family Urban (Medium Density) Residential) and R-1 (Residential District) to RS-1b (One
Family Urban (Medium Density) Residential). This rezoning application is to rectify the split-zoning
that currently applies to the subject property and it is not creating a new lot. The split-zoning
occurred as a result of a change to the subdivision plan after the Zoning Bylaw had gone to Public
Hearing, revising the lot layout and making one larger lot rather than two smaller lots of two different
zones, as originally proposed.
This application is in compliance with the Official Community Plan and all of the rezoning conditions
were applied at the time of the original rezoning application, 2011-082-RZ, which received final
reading on July 28, 2015.
RECOMMENDATION:
That Zone Amending Bylaw No. 7321-2017 be given first and second reading and be forwarded to
Public Hearing.
DISCUSSION:
a) Background Context:
Applicant: D. Laird, Aplin & Martin Consultants
Legal Description: Lot 1, Section 3, Township 12, New Westminster District Plan
EPP68470
OCP:
Existing: Urban Residential, Low/Medium Density Residential and
Medium Density Residential
Proposed: Urban Residential, Low/Medium Density Residential and
Medium Density Residential
Zoning:
Existing: RS-1b (One Family Urban (Medium Density) Residential), and
R-1 (Residential District)
Proposed: RS-1b (One Family Urban (Medium Density) Residential)
- 2 -
Surrounding Uses:
North: Use: Park
Zone: P-1 (Park and School) and M-2 (General Industrial)
Designation: Park and Conservation
South: Use: Vacant
Zone: R-1 (Residential District)
Designation: Medium Density Residential and Urban Residential
East: Use: Vacant
Zone: R-1 (Residential District) and RS-1b (One Family
Urban (Medium Density) Residential
Designation: Urban Residential
West: Use: Park
Zone: R-1 (Residential District) and RS-3 (One Family
Rural Residential)
Designation: Medium Density Residential and Conservation
Existing Use of Property: Vacant
Proposed Use of Property: Single Family Lot
Site Area: 0.114 ha (0.3 acres)
Access: 247 Street
Servicing requirement: Urban Standard
b) Project Description:
The subject property, located at 10181 247 Street, is an existing vacant lot that was created under a
previous rezoning and subdivision application, 2011-082-RZ and 2016-382-SD (see Appendices A
and B). This rezoning application is to rectify the split-zoning on the lot, as the subdivision plan was
revised after the Zone Amending Bylaw had gone to Public Hearing, changing the lot layout.
c) Planning Analysis:
Official Community Plan:
The subject property is located partially within the Albion Area Plan and therefore is designated as
Low/Medium Density Residential, Medium Density Residential, and Urban Residential. The RS-1b
(One Family Urban (Medium Density) Residential) zone is compatible with the Low-Medium Density
and Urban Residential designations, however the Medium Density Residential designation would
typically have a higher density single family zone or townhouse multi-family zone associated with it.
The RS-1b (One Family Urban (Medium Density) Residential) zone is consistent with the adjacent RS-
1b (One Family Urban (Medium Density) Residential) lots that were created in the original rezoning
and subdivision application at the north end of the development, and east of the subject property.
Smaller R-1 (Residential District) sized lots were created internal to, and south of, the RS-1b (One
Family Urban (Medium Density) Residential) lots.
Zoning Bylaw:
The current application proposes to rezone the subject property from RS-1b (One Family Urban
(Medium Density) Residential) and R-1 (Residential District) to RS-1b (One Family Urban (Medium
Density) Residential). The subject property is currently split-zoned, and amending it to be fully RS-1b
(One Family Urban (Medium Density) Residential) would ensure that setbacks for the home are
consistent with that zone.
- 3 -
Development Permits:
A Natural Features Development Permit was approved with the original Rezoning and Subdivision
applications, under 2012-009-DP.
Development Information Meeting:
A Development Information Meeting was not required as there are no new dwelling units proposed.
Advisory Design Panel:
A Form and Character Development Permit is not required and therefore this application does not
need to be reviewed by the Advisory Design Panel.
d) Interdepartmental Implications:
Engineering Department
The lot is fully serviced and no additional works are required for this application. All issues regarding
geotechnical considerations, stormwater management, and lot grading were addressed at the
subdivision stage, under application 2016-382-SD.
CONCLUSION:
It is recommended that first and second reading be given to Zone Amending Bylaw No. 7321-2017,
and that application 2017-115-RZ be forwarded to Public Hearing.
“Original signed by Michelle Baski”
_______________________________________________
Prepared by: Michelle Baski, AScT, MA
Planner 1
“Original signed by Christine Carter”
_______________________________________________
Approved by: Christine Carter, M.PL, MCIP, RPP
Director of Planning
“Original signed by Frank Quinn”
_______________________________________________
Approved by: Frank Quinn, MBA, P. Eng.
GM: Public Works & Development Services
“Original signed by E.C. Swabey”
_______________________________________________
Concurrence: E.C. Swabey
Chief Administrative Officer
The following appendices are attached hereto:
Appendix A – Subject Map
Appendix B – Ortho Map
Appendix C – Zone Amending Bylaw No. 7321-2017
DATE: Mar 29, 2017FILE: 2017-115-RZ BY: LM
PLANNING DEPARTMENT
SUBJECT PROPERTY
´
Scale: 1:1,500
10181 - 247 ST
Legend
Stream
City of PittMeadows
District ofLangley District of MissionFRASER R.
^
DATE: Mar 29, 2017FILE: 2017-115-RZ.mxd BY: LM
PLANNING DEPARTMENT
SUBJECT PROPERTY
´
Scale: 1:1,500
10181 - 247 ST
Aerial Imagery from the Spring of 2016
CITY OF MAPLE RIDGE
BYLAW NO. 7321-2017
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. 7321-2017."
2. That parcel or tract of land and premises known and described as:
Lot 1 Section 3 Township 12 New Westminster District Plan EPP68470
and outlined in heavy black line on Map No. 1709 a copy of which is attached hereto
and forms part of this Bylaw, is hereby rezoned to RS-1b (One Family Urban (Medium
Density) Residential).
3. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached
thereto are hereby amended accordingly.
READ a first time the 9th day of May, 2017.
READ a second time the 9th day of May, 2017.
PUBLIC HEARING held the day of , 20
READ a third time the day of , 20
ADOPTED the day of , 20
_____________________________ ____________________________
PRESIDING MEMBER CORPORATE OFFICER
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´SCALE 1:2,500
MAPLE RIDGE ZONE AMENDINGBylaw No. Map No.From:
To:
R-1 (Residential District)
RS-1b (One Family Urban (Medium Density) Residential)
7321-20171709
DEVELOPMENT APPLICATION CHECKLIST
FOR FILE 2016-008-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 City 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:
Arborist Report
Geotechnical Report by Valley Geotechnical
2.
- 1 -
-+-
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: May 9, 2017
and Members of Council FILE NO: 2016-008-RZ
FROM: Chief Administrative Officer MEETING: Council
SUBJECT: First and Second Reading
Official Community Plan Amending Bylaw No. 7326-2017
Second Reading
Zone Amending Bylaw No. 7218-2016
Zone Amending Bylaw No. 7219-2016
11016, 11032, and 11038 240 Street
EXECUTIVE SUMMARY:
An application has been received to rezone the subject properties located at 11016, 11032 and
11038 240 Street from RS-3 (One Family Rural Residential) to R-3 (Special Amenity Residential
District) and RM-1 (Townhouse Residential), to permit a future subdivision of approximately 8 single
family lots and a 15 unit townhouse development. Council granted first reading to the Zone
Amending Bylaw No. 7218-2016 and 7219-2016 on April 12, 2016.
This application requires an amendment to the Official Community Plan (OCP) to re-designate the
land use from Low/Medium Density Residential and Conservation to Medium Density Residential
and Conservation. An amendment to the OCP is also required to amend the Conservation boundary.
Pursuant to Council policy, this application is subject to the Community Amenity Contribution
Program at a rate of $4,100.00 per townhouse dwelling unit and $5,100.00 per single family lot, for
an estimated amount of $102,300.00. Furthermore the subject properties are within Albion Area
Plan and the applicant is requesting to apply the Density bonus for all dwellings, for an additional
estimated amount of $71,300.00.
RECOMMENDATIONS:
1) That, in accordance with Section 475 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. 7326-2017 on the municipal website and requiring that the applicant host a
Development Information Meeting (DIM), and Council considers it unnecessary to provide any
further consultation opportunities, except by way of holding a Public Hearing on the bylaw;
2) That Official Community Plan Amending Bylaw No. 7326-2017 be given first and second
readings and be forwarded to Public Hearing;
3) That Zone Amending Bylaw No. 7218-2016 be given second reading, and be forwarded to Public
Hearing;
- 2 -
4) That Zone Amending Bylaw 7219-2016 be given second reading, and be forwarded to Public
Hearing;
5) 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 "A", Chapter 10.2 Albion Area Plan,
Schedule 1: Albion Area Plan, and Schedule “C” for conservation areas
iii) Road dedication on 240 Street and 110 Avenue, as required;
iv) Park dedication as required, including the possibility of construction of walkways, and multi-
purpose trails; and removal of all debris and garbage from park land;
v) Consolidation of the subject properties;
vi) Registration of a Restrictive Covenant for the Geotechnical Report, which addresses the
suitability of the subject properties for the proposed development;
vii) Registration of a Restrictive Covenant for the protection of the Environmentally Sensitive
areas (wetlands) on the subject properties;
viii) Registration of a Restrictive Covenant for protecting the Visitor Parking;
ix) Registration of a Restrictive Covenant for Tree Protection;
x) Registration of a Restrictive Covenant for Stormwater Management;
xi) Removal of existing buildings;
xii) In addition to the site profile, a disclosure statement must be submitted by a Professional
Engineer advising whether there is any evidence of underground fuel storage tanks on the
subject properties. If so, a Stage 1 Site Investigation Report is required to ensure that the
subject property is not a contaminated site.
xiii) That a voluntary contribution, in the amount of $4,100.00 per townhouse dwelling unit and
$5,100.00 per single family lot be provided in keeping with the Council Policy with regard to
Community Amenity Contributions.
xiv) That a contribution in the amount of $3,100.00 per multifamily unit and Single Family
dwelling be paid for obtaining a higher density with regard to the Density Bonus framework
established in the Albion Area Plan, estimated to be $71,300.00.
DISCUSSION:
1) Background Context:
Applicant: Greenwood Properties Ltd.
- 3 -
Legal Description: Lot 5, Section 10, Township 12, New Westminster Plan 17613
South Half Lot 4, Section 10, Township 12, New Westminster
Plan 17613
North Half Lot 4, Section 10, Township 12, New Westminster
Plan 17613
OCP:
Existing: Low/Medium Density Residential and Conservation
Proposed: Medium Density Residential and Conservation
Zoning:
Existing: RS-3 (One Family Rural Residential)
Proposed: R-3 (Special Amenity Residential District), and
RM-1 (Townhouse Residential)
Surrounding Uses:
North: Use: Single Family Residential
Zone: RS-3 (One Family Rural Residential)
Designation: Low/Medium Density Residential and Conservation
South: Use: Single Family Residential
Zone: R-3 (Special Amenity Residential District)
Designation: Low/Medium Density Residential
East: Use: Single Family Residential
Zone: RS-3 (One Family Rural Residential)
Designation: Low/Medium Density Residential and Conservation
West: Use: Single Family Residential
Zone: RS-3 (One Family Rural Residential)
Designation: Urban Residential
Existing Use of Property: Single Family Residential
Site Area: 0.808 ha. in total (2 acres)
Access: lane access off of 110 Avenue
Servicing requirement: Urban Standard
2) Background:
The subject properties, located at 11016, 11032, and 11038 240 Street, are approximately 2 acres
in total. The properties are generally flat, and are currently bounded by a single family residential
property to the north, east, and south, with 240 Street to the west and 110 Avenue to the south.
Seigel Creek is located on the adjacent site to the east, and protection and enhancement of the
environmentally sensitive areas around the creek are therefore required on the subject properties.
(See Appendices A and B).
3) Project Description:
The current application proposes to rezone the three subject properties from RS-3 (One Family Rural
Residential) to R-3 (Special Amenity Residential District) and RM-1 (Townhouse Residential), to
permit future subdivision into 8 R-3 zoned single family lots, not less than 285.93 m2, and a 15 unit
townhouse development. Access for all lots is proposed to be from a new lane created off of 110
Avenue. No driveway accesses are permitted on to 240 Street as it is an arterial road where
alternative access (i.e. a new lane) is available. The lane access is proposed to be a 9m thoroughfare
from 110 Avenue into the townhouse site, to comply with the Building Code and Fire Code
requirements for direct Fire Department vehicle access.
- 4 -
4) Planning Analysis:
i) Official Community Plan:
The subject properties are located within the Albion Area Plan boundary and are currently designated
Low/Medium Density Residential and Conservation, allowing for One Family Urban Residential zones
such as RS-1 (One Family Urban Residential), RS-1b (One Family Urban (Medium Density)
Residential), R-1 (Residential District) and the Duplex zone RT-1. For the proposed development, an
OCP amendment is required to re-designate the subject properties to Medium Density Residential
and amend the Conservation area to allow the proposed R-3 (Special Amenity Residential District)
and RM-1 (Townhouse Residential) zoning. Areas will be dedicated and covenanted as compensation
for the required setback from Siegel Creek. The proposed OCP amendment can be supported
because the properties are located on 240 Street which is identified as a Major Corridor. The area is
under development with higher density proposals; properties further to the north and north-east,
along the corner of 112th and 240 Street, are developing into multi family RM-1 townhouse sites,
and properties to the south are already developed into single family R-3 lots. The proposed density is
therefore consistent with the surrounding developing neighbourhood.
The applicant also intends to take advantage of the Albion Area Plan Community Amenity Program,
increasing the floor space ratio from 0.6 to 0.75 within the proposed RM-1 (Townhouse Residential)
portion of the development, as well as for the R-3 zoned Single Family lots on 240 Street. Policy 10-6
outlines the parameters for allowing an amenity contribution through a Density Bonus in the Albion
Area Plan and will apply to the density bonus proposed for both the R-3 and RM-1 zoned portions of
the site. Furthermore, policy 10-7 allows for a CAC to be charged on the R-3 zoned lots due to the
OCP amendment application.
’10-6 Where a Density Bonus option is utilized in a multi-family development and the base
density is exceeded, an Amenity Contribution is to be applied to all the dwelling units on the
site’
’10-7 Maple Ridge Council may consider Density Bonuses as part of the development review
process for Albion Area Plan amendment applications seeking a land use designation
change that would permit a higher density than currently permitted’
Community Amenity Contribution Program:
On April 11, 2016, Council adopted the Community Amenity Contribution Program (CAC) policy, which
permits amenity contributions for residential development throughout most of Maple Ridge,
including the Albion Area. The CAC contribution rate is $5,100.00 per single family lot created and
$4,100.00 per townhouse dwelling unit, for a total estimated contribution of $102.300,00.
The Albion Area Plan Community Amenity Contribution Program will result in an additional density
bonus contribution of $3,100.00 density bonus rate for the 23 dwellings proposed, for a total
estimated contribution of $71,300.00.
ii) Zoning Bylaw:
The current application proposes to rezone the subject properties from RS-3 (One Family Rural
Residential) to R-3 (Special Amenity Residential District), and RM-1 (Townhouse Residential) to
permit future subdivision into 8 single family lots, not less than 285.93 m2, and a 15 unit townhouse
development. Two separate Zone Amending Bylaws are being proposed, Bylaw # 7219-2016 for 8
R-3 zoned lots and Bylaw # 7218-2016 for 15 RM-1 zoned townhouses. Two separate zoning bylaws
- 5 -
will provide greater flexibility for the applicant in moving forward with one or both of the uses of the
project.
iii) Off-Street Parking And Loading Bylaw:
The proposed single family lots will provide for double car garages, with the exception of lots 1 and 2
which will have double parking pads on site, to accommodate the required of two parking spaces on
site. The townhouse development will consist of eight double car- and seven tandem parking
garages, plus 3 visitor parking spots, which is in compliance with the Off Street Parking and Loading
Bylaw.
iv) Proposed Variances:
A Development Variance Permit application has been received for this project and involves the
following relaxations (see Appendix E):
Maple Ridge Zoning Bylaw No. 3510 -1985, section 602 RM-1 Townhouse Residential
District, to reduce:
A. the height restrictions for buildings from 11m to 11.3m;
B. the front setback from 7.5m to 6m; and
C. the rear setback from 7.5m to 7.05m.
The requested variances will be the subject of a future Council report.
v) Development Permits:
Pursuant to Section 8.7 of the OCP, a Multi-Family Development Permit application is required for
the townhouse development, to ensure the current proposal enhances existing neighbourhoods with
compatible housing styles that meet diverse needs, and minimize potential conflicts with
neighbouring land uses.
Pursuant to Section 8.8 of the OCP, an Intensive Residential Development Permit application is
required for the single family lots, to ensure the current proposal provides emphasis on high
standards in aesthetics and quality of the built environment, while protecting important qualities of
the natural environment.
Pursuant to Section 8.9 of the OCP, a Watercourse Protection Development Permit application is
required for all developments and building permits within 50 metres of the top of bank of all
watercourses and wetlands. The purpose of the Watercourse Protection Development Permit is to
ensure the preservation, protection, restoration and enhancement of watercourse and riparian
areas.
Pursuant to Section 8.10 of the OCP, a Natural Features Development Permit application is required
for all development and subdivision activity or building permits for:
All areas designated Conservation on Schedule “B” or all areas within 50 metres of an
area designated Conservation on Schedule “B”, or on Figures 2, 3 and 4 in the Silver
Valley Area Plan;
All lands with an average natural slope of greater than 15 percent;
All floodplain areas and forest lands identified on Schedule “C”
- 6 -
to ensure the preservation, protection, restoration and enhancement of the natural
environment and for development that is protected from hazardous conditions.
vi) Advisory Design Panel:
The Advisory Design Panel (ADP) reviewed the form and character of the proposed development and
the landscaping plans at a meeting held on January 11, 2017. (see Appendices E, F and G)
Following presentations by the project Architect and Landscape Architect, the ADP made the
following resolution:
That the application be supported and the following concerns be addressed as the design
develops and be submitted to Planning staff for follow-up.
01. Provide 8 inch pipe for culvert instead of 6 inch.
02. Provide planting instead of sod on slope of the bio-swale.
03. Consider extending bio-swale to 240th Street along the single family residential.
04. Consider linking the trail to the mailbox area.
05. Provide a barrier between visitor-parking and play area.
06. Provide feature paving at pathway entrances between the buildings.
07. Show location of fire hydrants.
08. Ensure utilities located onsite are properly landscaped and screened.
09. Provide minimum 8 x 8 posts instead of 6 x 6 for the public pergola.
10. Provide different surface texture at the lane entry between building 1 and 3.
11. Provide hardie siding in lieu of vinyl.
12. Consider maintaining a strong brick base at the corner to delineate a façade.
13. Consider more residential scale bollard.
14. Provide a covered landscape structure or treatment for mailbox area.
15. Match material and style between the developments for the fences and arbors.
16. Specify material for arbors and pergola.
17. Provide detail for garbage and barbeque area.
18. Provide more details in regards to the location of the garden shed shown on landscape
details.
The ADP concerns have been addressed and are reflected in the current plans. A detailed
description of how these items were incorporated into the final design will be included in a future
development permit report to Council.
vii) Development Information Meeting:
A Development Information Meeting was held at Thomas Haney Secondary on February 9, 2017.
Two 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:
‘No parking on 240 Street or 110 Avenue since it is already hard to get out of street’
- 7 -
The following is provided in response to the issues raised by the public:
The applicant is providing off street parking spots in accordance with the Off Street
Parking and Loading Bylaw. For this application, there will be no parking spots added on
240 Street or 110 Avenue.
viii) Parkland Requirement:
As there are more than two additional lots proposed to be created, the developer will be required to
comply with the park dedication requirements of Section 510 of the Local Government Act prior to
subdivision approval.
For this project, there is sufficient land that is proposed to be dedicated as park on the subject
properties and this land will be required to be dedicated as a condition of Final Reading.
5) Environmental Implications:
It has been determined that a 30m setback is required from top of bank next to Siegel Creek. Given
the limited area at the site, a reduced setback has been negotiated to accommodate a suitable
development and environmental enhancement. Compensation proposed is in line with past practices
and consists of watercourse area enhancement, protection and park dedication.
6) School District No. 42 Comments:
Pursuant to Section 476 of the Local Government Act, consultation with School District No. 42 is
required at the time of preparing or amending the OCP. A referral was emailed to School District No.
42 and no feedback has been provided yet. The subject properties are within Albion Area, in which a
new school site has been allocated.
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 477 of the Local
Government Act. The amendment required for this application, is considered to be minor in nature.
It has been determined that no additional consultation beyond existing procedures is required,
including referrals to the Board of the Regional District, the Council of an adjacent municipality, First
Nations, the School District or agencies of the Federal and Provincial Governments.
The amendment has been reviewed with the Financial Plan/Capital Plan and the Waste
Management Plan of the Greater Vancouver Regional District and determined to have no
impact.
- 8 -
CONCLUSION:
It is recommended that first and second reading be given to OCP Amending Bylaw No. 7326-2017,
that second reading be given to Zone Amending Bylaw No. 7218-2016 and 7219-2016, and that
application 2016-008-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 E.C. Swabey”
_______________________________________________
Concurrence: E.C. Swabey
Chief Administrative Officer
The following appendices are attached hereto:
Appendix A – Subject Map
Appendix B – Ortho Map
Appendix C – OCP Amending Bylaw No. 7326-2017
Appendix D – Zone Amending Bylaw No. 7218-2016 and 7219-2016
Appendix E – Site Plan
Appendix F – Building Elevation Plans
Appendix G – Landscape Plan
DATE: Jan 22, 2016FILE: 2016-008-RZ BY: PC
PLANNING DEPARTMENT
SUBJECT PROPERTIES
´
Scale: 1:2,500
11016/32/38 240 STREET
110 AVE
Legend
Stream
Ditch Centreline
Edge of River
Indefinite Creek
River Centreline
Lake or Reservoir
River
Major Rivers & Lakes
City of PittMeadows
District ofLangley District of MissionFRASER R.
^
DATE: Jan 22, 2016FILE: 2016-008-RZ BY: PC
PLANNING DEPARTMENT
SUBJECT PROPERTIES
´
Scale: 1:2,500
11016/32/38 240 STREET
Aerial Imagery from the Spring of 2011
110 AVE
CITY OF MAPLE RIDGE
BYLAW NO. 7326-2017
A Bylaw to amend the Official Community Plan Bylaw No. 7060-2014
___________________________________________________________________________________
WHEREAS Section 477 of the Local Government Act provides that the Council may revise the Official
Community Plan;
AND WHEREAS it is deemed expedient to amend Schedules "A" & "C" to the Official Community Plan;
NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows:
1. This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending
Bylaw No. 7326-2017."
2. Schedule "A", Chapter 10.2 Albion Area Plan, Schedule 1: Albion Area Plan and “Figure 1:
Northeast Albion” is/are hereby amended for that parcel or tract of land and premises
known and described as:
North Half Lot 4 Section 10 Township 12 New Westminster District Plan17613
South Half Lot 4 Section 10 Township 12 New Westminster District Plan17613
Lot 5 Section 10 Township 12 New Westminster District Plan17613
and outlined in heavy black line on Map No. 939, a copy of which is attached hereto and
forms part of this bylaw, are hereby designated as shown.
3. Schedule “C” is hereby amended for that parcel or tract of land and premises known and
described as:
North Half Lot 4 Section 10 Township 12 New Westminster District Plan17613
South Half Lot 4 Section 10 Township 12 New Westminster District Plan17613
Lot 5 Section 10 Township 12 New Westminster District Plan17613
and outlined in heavy black line on Map No. 940, a copy of which is attached hereto and
forms part of this Bylaw, is hereby amended by adjusting Conservation boundary.
4. Maple Ridge Official Community Plan Bylaw No.7060-2014 is hereby amended accordingly.
READ a first time the 9th day of May, 2017.
READ a second time the 9th day of May, 2017.
PUBLIC HEARING held the day of , 20 .
READ a third time the day of , 20 .
ADOPTED the day of , 20 .
_____________________________________ _____________________________
PRESIDING MEMBER CORPORATE OFFICER
109A AVE.241 ST.239 ST.109 AVE.240 ST.239A ST.1097110924
24
0
7
8
11107
2402724088240221096311125
10984
11101 11105
11080
11115
11052
11117
10980 10976
10956
24084
11121
240162403711108
24045
11126
2406910987
11119
11016
11111
11106
241152401411062
10916
11107
10992
2402610995
24067
11089
10964
10940
10972 241251097911103
2409811110
11038
11116
11118/54
11113
11109
10996
11124
11032
10988
10948
10932
11113
24104240192403811118
11102
10968
11117
24072
11120
10908
11102
24055
11127
11112
11129
LMP 44106
LMP 48333EPP 35597BCP 50703 EPP 40843EPP 45971EPP 40844
LMP 54441110 AVE.
´SCALE 1:2,500
MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No. Map No. Purpose:From: To:
To Amend Albion Area Plan Schedule 1Low/Medium Density ResidentialConservationMedium Density Residential
7326-2017939
109A AVE.241 ST.239 ST.109 AVE.240 ST.239AST.1097110924
24
0
7
8
11107
2402724088240221096311125
10984
11101 11105
11080
11115
11052
11117
10980 10976
10956
2408411121
240162403711108
24045
11126
2406910987
11119
11016
11111
11106
241152401411062
10916
11107
10992
2402610995
24067
11089
10964
10940
10972 241251097911103
2409811110
11038
11116
11118/54
11113
11109
10996
11124
11032
10988
10948
10932
11113
24104240192403811118
11102
10968
11117
24072
11120
10908
11102
24055
11127
11112
11129
LMP 44106
LMP 48333
BCP 50703 EPP 40843EPP 40844
LMP 54441EPP 45971EPP 35597110 AVE.
´SCALE 1:2,500
MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No. Map No. Purpose:
7326-2017940To add to Conservation on Schedule C
CITY OF MAPLE RIDGE
BYLAW NO. 7218-2016
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. 7218-2016."
2. Those parcel (s) or tract (s) of land and premises known and described as:
North Half Lot 4 Section 10 Township 12 New Westminster District Plan17613
South Half Lot 4 Section 10 Township 12 New Westminster District Plan17613
Lot 5 Section 10 Township 12 New Westminster District Plan17613
and outlined in heavy black line on Map No. 1660 a copy of which is attached hereto and
forms part of this Bylaw, are hereby rezoned to RM-1 (Townhouse Residential).
3. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are
hereby amended accordingly.
READ a first time the 12th day of April, 2016.
READ a second time the 9th day of May, 2017.
PUBLIC HEARING held the day of , 20
READ a third time the day of , 20
ADOPTED the day of , 20
_____________________________ ____________________________
PRESIDING MEMBER CORPORATE OFFICER
109A AVE.241 ST.239 ST.109 AVE.240 ST.239A ST.1097110924
24
0
7
8
11107
2402724088240221096311125
10984
11101 11105
11080
11115
11052
11117
10980 10976
10956
2408411121
240162403711108
24045
11126
2406910987
11119
11016
11111
11106
241152401411062
10916
11107
10992
2402610995
24067
11089
10964
10940
10972 241251097911103
2409811110
11038
11116
11118/54
11113
11109
10996
11124
11032
10988
10948
10932
11113
24104240192403811118
11102
10968
11117
24072
11120
10908
11102
24055
11127
11112
11129
LMP 44106
LMP 48333EPP 35597BCP 50703 EPP 40843EPP 45971EPP 40844
LMP 54441110 AVE.
´SCALE 1:2,500
MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From:
To:
RS-3 (One Family Rural Residential)
RM-1 (Townhouse Residential)
7218-20161660
CITY OF MAPLE RIDGE
BYLAW NO. 7219-2016
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. 7219-2016."
2. Those parcel (s) or tract (s) of land and premises known and described as:
North Half Lot 4 Section 10 Township 12 New Westminster District Plan17613
South Half Lot 4 Section 10 Township 12 New Westminster District Plan17613
Lot 5 Section 10 Township 12 New Westminster District Plan17613
and outlined in heavy black line on Map No. 1661 a copy of which is attached hereto and
forms part of this Bylaw, are hereby rezoned to R-3 (Special Amenity 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 12th day of April, 2016.
READ a second time the 9th day of May, 2017.
PUBLIC HEARING held the day of , 20
READ a third time the day of , 20
ADOPTED the day of , 20
_____________________________ ____________________________
PRESIDING MEMBER CORPORATE OFFICER
11113
11124 11119 11120
10980
11118/54
24045
10987
2408810992 241042412511111
11126
11105
11121
11080
1097924
0
7
8 2406911107
11112
11107 11109
11016
2401610963240
8
4 2411511117
11108
11118 11125
10956
11032
10968
11106
11129
10916
10924
10940
10964
10996
11052
24026240721097110995
10984
11101 11102 11102
11089
11113
10948
2403811115
11127
11110
11116
10932
11062
240192403724067 2409811103
11117
10908
10972
10988
11038
24014240272402224055
10976239 ST.240 ST.109 AVE.241 ST.109A AVE.239A ST.47
1
11
2
13
21
BCP 46902EPP 3252048
2
4
6
2 26 25
S 150' of 1
17
P 17613
13
PARK
14 15
46
57
41
4
5
9
10
N 1/2 of 4
21PARK23
19
P 809
45
40 7
3
12
P 17613
22
PARK
22
P 54889
36
26
65
Pt. 8
60
58
4243
39
6
3
14
27
BCP 50702EPP 32519
61
47
49
3
5EPP 3252028
24 LMP 5444018
LMP 44105
15 23
63
LMP 44105
1
7
S 1/2 of 4
5
29 LMP 43228
Rem 1
11
20
64 59
3
44
LMP 544408
27
P 17613
16
6
12 LMP 54440EPP 40844 EPP 32519BCP 50703
LMP 44106EPP 45971EPP 35597LMP 48333EPP 40843LMP 54441110 AVE.
´SCALE 1:2,500
MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From:
To:
RS-3 (One Family Rural Residential)
R-3 (Special Amenity Residential District)
7219-20161661
CHK'D:DRAWN:DESIGN:SCALE:DATE:M2LA PROJECT NUMBER:DRAWING TITLE:PROJECT:DRAWING NUMBER:REVISION DESCRIPTIONNO. DATE DR.property of M2 Landscape Architects and may not bereproduced or used for other projects without their permission.c Copyright reserved. This drawing and design is theSEAL:Tel: 604.553.0044New Westminster, British Columbia#220 - 26 Lorne MewsV3M 3L7Fax: 604.553.0045Email: office@m2la.com110 AVE & 240 STLONDON PACIFICTOWNHOUSEDEVELOPMENT
DEVELOPMENT APPLICATION CHECKLIST
FOR FILE 2016-464-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 City 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.
- 1 -
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: May 23, 2017
and Members of Council FILE NO: 2016-464-RZ
FROM: Chief Administrative Officer MEETING: Council
SUBJECT: First and Second Reading
Official Community Plan Amending Bylaw No. 7333-2017 and
Second Reading
Zone Amending Bylaw No. 7308-2017
20199 and 20185 McIvor Avenue
EXECUTIVE SUMMARY:
An application has been received to rezone the subject property, located at 20199 McIvor Avenue,
from RS-1 (One Family Urban Residential) to RS-1b (One Family Urban (Medium Density)
Residential). The second property, located at 20185 McIvor Avenue, is currently and will remain
zoned RS-1b (One Family Urban (Medium Density) Residential). Together, the two subject properties
will permit subdivision into approximately nine RS-1b (One Family Urban (Medium Density)
Residential) zoned lots. The property located at 20199 McIvor Avenue was excluded from the
Agricultural Land Reserve (ALR) in 2003; however, it is currently designated Agricultural on Schedule
B of the Official Community Plan (OCP), and will require an amendment to:
Include the subject property, located at 20199 McIvor Avenue, within the Urban Area
Boundary; and
Change the land use designation from Agricultural to Urban Residential.
Council granted first reading to Zone Amending Bylaw No. 7308-2017 on February 14, 2017.
Pursuant with Council resolution, the application is subject to the Community Amenity Contribution
(CAC) Program at a rate of $5,100 per lot, for an estimated amount of $45,900.00.
There is not sufficient suitable land for park dedication on the subject site and it is recommended
that Council require the developer to pay to the City an amount that equals 5% of the market value of
the land required for parkland purposes, as determined by an independent appraisal.
RECOMMENDATIONS:
1) That, in accordance with Section 475 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. 7333-2017 on the municipal website and requiring that the applicant host a
Development Information Meeting (DIM), and Council considers it unnecessary to provide any
further consultation opportunities, except by way of holding a Public Hearing on the bylaw;
2) That Official Community Plan Amending Bylaw No. 7333-2017 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. 7333-2017 is consistent
with the Capital Expenditure Plan and Waste Management Plan;
- 2 -
4) That Official Community Plan Amending Bylaw No. 7333-2017 be given first and second
readings and be forwarded to Public Hearing;
5) That Zone Amending Bylaw No. 7308-2017 be given second reading, and be forwarded to Public
Hearing;
6) That Council require, as a condition of subdivision approval, the developer to pay to the City an
amount that equals 5% of the market value of the land, as determined by an independent
appraisal, in lieu of parkland dedication in accordance with Section 510 of the Local
Government Act; and,
7) That the following terms and conditions be met prior to final reading:
i) Amendment to Official Community Plan Schedule "B";
ii) Consolidation of the subject properties;
iii) Registration of a Restrictive Covenant for the Geotechnical Report and Floodplain Report,
which addresses the suitability of the subject properties for the proposed development;
iv) Registration of a Restrictive Covenant for Stormwater Management;
v) Removal of existing buildings;
vi) In addition to the site profile, a disclosure statement must be submitted by a Professional
Engineer advising whether there is any evidence of underground fuel storage tanks on the
subject properties. If so, a Stage 1 Site Investigation Report is required to ensure that the
subject property is not a contaminated site; and
vii) That a voluntary contribution, in the amount of $45,900.00 be provided in keeping with the
Council Policy with regard to Community Amenity Contributions.
DISCUSSION:
1) Background Context:
Applicant: Platinum Projects Ltd.
Legal Descriptions: Lot 102 District Lot 263 Group 1 New Westminster District Plan
50054
Lot 40 District Lot 263 Group 1 New Westminster District Plan
BCP30587
OCP:
Existing: Agricultural, Urban Residential
Proposed: Urban Residential
Zoning:
Existing: RS-1b (One Family Urban (Medium Density) Residential) and
RS-1 (One Family Urban Residential)
Proposed: RS-1b (One Family Urban (Medium Density) Residential)
- 3 -
Surrounding Uses:
North: Use: Agriculture
Zone: RS-3 (One Family Rural Residential)
Designation: Agricultural
South: Use: Single Family Residential
Zone: RS-1b (One Family Urban (Medium Density) Residential)
Designation: Urban Residential
East: Use: Single Family Residential
Zone: RS-1 (One Family Urban Residential)
Designation: Urban Residential
West: Use: Single Family Residential
Zone: RS-1b (One Family Urban (Medium Density) Residential)
Designation: Urban Residential
Existing Use of Property: Vacant and Single Family Residential
Proposed Use of Property: Single Family Residential
Site Area: 0.54 ha (1.33 acres)
Access: McIvor Avenue and 201 Street
Servicing requirement: Urban Standard
2) Background:
The subject properties are a combined area of 0.54 ha (1.33 acres) in size and are bound by
residential properties to the west, south and east, and Agricultural land to the north (see Appendices
A & B). The subject properties are relatively flat with some trees located near the McIvor Street
frontage, and along the east and west property boundaries. There is an existing house at 20199
McIvor Avenue that will require removal as part of final rezoning conditions. The second property at
20185 McIvor Avenue is currently vacant.
3) Project Description:
The applicant proposes to rezone the property located at 20199 McIvor Avenue, from RS-1 (One
Family Urban Residential) to RS-1b (One Family Urban (Medium Density) Residential). The second
property, located at 20185 McIvor Avenue, is already zoned RS-1b (One Family Urban (Medium
Density) Residential), and will also form part of this rezoning application, to permit future subdivision
into approximately nine single family residential lots.
The Agricultural Land Commission (ALC) excluded the property located at 20199 McIvor Avenue in
2003 from the ALR. In addition, this property is designated “General Urban” in the Metro Vancouver
Regional Growth Strategy; therefore, Regional approvals are not required. The surrounding context
of the subject properties to the west, south and east are considered Urban Residential in the OCP.
The applicant intends to develop the subject properties in accordance with the Urban Residential
designation. Lands to the north, designated Agricultural, are currently being farmed for pasture
grass and hay. An agricultural buffer, in the form of a 1.2m high cast in place concrete retaining wall
will be provided between the proposed residential development to the south, and the agricultural
lands to the north.
- 4 -
4) Planning Analysis:
Official Community Plan:
One of the subject properties, located at 20199 McIvor Avenue, is currently designated Agricultural;
however, the property was excluded from the ALR in 2003. The adopted Metro Vancouver Regional
Growth Strategy identifies the subject property as ‘General Urban’ and has been placed within the
Region’s Urban Containment Boundary. The subject property is also within the Greater Vancouver
Sewerage and Drainage District’s Fraser Sewer Area, and is permitted to be serviced with the
municipal sanitary sewer; therefore, no Regional approvals are required.
The following OCP amendments are required to align the subject property with the Metro Vancouver
Regional Growth Strategy:
To include the subject property, located at 20199 McIvor Avenue, in the Urban Area
Boundary; and
To change the designation from Agricultural to Urban Residential (See Appendix C).
The property located at 20185 McIvor Avenue is currently designated Urban Residential in the OCP.
The current zone of RS-1b (One Family Urban (Medium Density) Residential) aligns with this
designation and the property will be combined with 20199 McIvor Avenue for future subdivision into
nine single family residential lots.
Zoning Bylaw:
The current application proposes to rezone the property located at 20199 McIvor Avenue from RS-1
(One Family Urban Residential) to RS-1b (One Family Urban (Medium Density) Residential) (see
Appendix D). The property located at 20185 McIvor Avenue is already zoned RS-1b (One Family
Urban (Medium Density) Residential), and will form part of the subject application. The combined
properties will then permit future subdivision into nine single family residential lots.
The minimum lot size for the current RS-1 (One Family Urban Residential) zone is 668 m2 (7,191 ft²),
and the minimum lot size for the proposed RS-1b (One Family Urban (Medium Density) Residential)
zone is 557 m2 (5,996 ft²).
Advisory Design Panel:
A Form and Character Development Permit is not required and therefore this application does not
need to be reviewed by the Advisory Design Panel.
Development Information Meeting:
A Development Information Meeting was held at Laity View Elementary on May 4, 2017. Seven
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:
The subject property will require fill, with concern from adjacent neighbours on how drainage
will impact their properties.
Questions regarding retaining wall height on the north and east property boundaries.
Concern over the type of fencing to be installed, specifically on the retaining wall.
Questions regarding siting of homes to rear property lines.
- 5 -
The following are provided in response to the issues raised by the public:
All drainage from the subject property will be directed to the Municipal storm system; each
lot will have its own catch basin.
The retaining wall height will not exceed 1.2 m and will consist of cast-in-place concrete.
Chain link fence will be located on top of the proposed retaining wall, with landscaping on
the residential side of the fence (proposed lot 1, north property boundary). Builder / future
homeowners will determine the type of fencing to be installed on adjacent lots, at a later
date.
Minimum rear setback for the RS-1b (One Family Urban (Medium Density) Residential) zone
is 6m (20ft.).
Parkland Requirement:
As there are more than two additional lots proposed to be created, the developer will be required to
comply with the park dedication requirements of Section 510 of the Local Government Act prior to
subdivision approval.
For this project, there is no suitable land for park dedication on the subject properties and it is
therefore recommended that Council require the developer to to pay to the City an amount that
equals the market value of 5% of the land required for parkland purposes. The amount payable to
the City in lieu of park dedication must be derived by an independent appraisal at the developer’s
expense. Council consideration of the cash-in-lieu amount will be the subject of a future Council
report.
5) Agricultural Impact:
An Agricultural Impact Assessment, prepared by Madrone Environmental Services Ltd., was prepared
as part of the development application. The report indicates that the proposed retaining wall, fence
and landscaping will be an effective and practical buffer between the current agricultural use and
the proposed residential use. It was determined that a retaining wall is the preferred buffer option,
compared to the vegetated slope that is currently used west of the development site.
6) School District No. 42 Comments:
The School District has noted that the subject properties fall within the Fairview Elementary and
Westview Secondary school catchments. Actual numbers for the 2016-17 school year indicate that
Fairview Elementary is at 64% utilization, with 279 students. For secondary school enrollment
capacity, actual numbers for the 2016-17 school year indicate that Westview Secondary is at 54%
utilization, with 765 students. Therefore, there is available elementary and secondary school
capacity for the proposed development.
7) Intergovernmental Issues:
i) Local Government Act:
An amendment to the OCP requires the local government to consult with any affected parties and to
adopt related bylaws in compliance with the procedures outlined in Section 477 of the Local
Government Act. The amendment required for this application, to change the designation from
Agricultural to Urban Residential, is considered to be minor in nature as the subject property has
previously been excluded from the ALR and is designated ‘General Urban’ in the Metro Vancouver
Regional Growth 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
- 6 -
adjacent municipality, First Nations, the School District or agencies of the Federal and Provincial
Governments.
CONCLUSION:
The development proposal will require an OCP amendment, from Agricultural to Urban Residential,
for the property located at 20199 McIvor Avenue, to align with the Metro Vancouver Regional Growth
Strategy, and to align with the ALC’s decision to exclude the property from the ALR. The proposed
zoning to the RS-1b (One Family Urban (Medium Density) Residential) zone complies with the Urban
Residential designation, and fits with the surrounding neighbourhood.
It is recommended that first and second reading be given to OCP Amending Bylaw No. 7333-2017,
that second reading be given to Zone Amending Bylaw No. 7308-2017, and that application 2016-
464-RZ be forwarded to Public Hearing.
It is further recommended that Council require, as a condition of subdivision approval, the developer
to pay to the City an amount that equals 5% of the market value of the land, as determined by an
independent appraisal, in lieu of parkland dedication.
“Original signed by Adam Rieu”
_______________________________________________
Prepared by: Adam Rieu
Planning Technician
“Original signed by Christine Carter” _______________________________________________
Approved by: Christine Carter, M.PL, MCIP, RPP
Director of Planning
“Original signed by Frank Quinn”
_______________________________________________
Approved by: Frank Quinn, MBA, P.Eng
GM: Public Works & Development Services
“Original signed by E.C. Swabey”
_______________________________________________
Concurrence: E.C. Swabey
Chief Administrative Officer
The following appendices are attached hereto:
Appendix A – Subject Map
Appendix B – Ortho Map
Appendix C – OCP Amending Bylaw No. 7333-2017
Appendix D – Zone Amending Bylaw No. 7308-2017
Appendix E – Proposed Subdivision Plan
DATE: Dec 16, 20162016-464-RZ BY: JV
PLANNING DEPARTMENT
SUBJECT PROPERTIES
´
Scale: 1:2,500
20185 & 20199 McIvor AveLegend
Stream
Indefinite Creek
River
Major Rivers & Lakes
DATE: Dec 16, 20162016-464-RZ BY: JV
PLANNING DEPARTMENT
SUBJECT PROPERTIES
´
Scale: 1:2,500
20185 & 20199 McIvor Ave
Aerial Imagery from the Spring of 2011
Legend
Stream
Indefinite Creek
River
Major Rivers & Lakes
CITY OF MAPLE RIDGE
BYLAW NO. 7333-2017
A Bylaw to amend the Official Community Plan Bylaw No. 7060-2014
_______________________________________________________________________________
WHEREAS Section 477 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. 7333-2017."
2. Schedule "B" is hereby amended for that parcel or tract of land and premises known and
described as:
Lot 102 District Lot 263 Group 1 New Westminster District Plan 50054
and outlined in heavy black line on Map No. 944, a copy of which is attached hereto and
forms part of this Bylaw, by amending the Urban Area Boundary as shown.
3. Schedule "B" is hereby amended for that parcel or tract of land and premises known and
described as:
Lot 102 District Lot 263 Group 1 New Westminster District Plan 50054
and outlined in heavy black line on Map No. 945, a copy of which is attached hereto and
forms part of this Bylaw, is hereby amended by re-designating to “Urban Residential” as
shown.
4. Maple Ridge Official Community Plan Bylaw No. 7060-2014 is hereby amended accordingly.
READ a first time the 23rd day of May, 2017.
READ a second time the 23rd day of May, 2017.
PUBLIC HEARING held the day of , 20
READ a third time the day of , 20
ADOPTED, the day of , 20 .
______________________________ ______________________________
PRESIDING MEMBER CORPORATE OFFICER
McIVOR AVE.
124 AVE.202A ST.202 ST.1
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EPP 55982BCP 46775P 21483LMP 41518
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BCP 30587
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BCP 24827
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P 20395EPP 58146
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LMP 41518P 42230
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BCP 30587
´SCALE 1:2,500
MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No. Map No.
Purpose:To Amend the Urban Area Boundary as shown
7333-2017944
Existing Urban Area Boundary
Urban Area BoundaryTo Be Removed
Proposed Urban Area Boundary
McIVOR AVE.
124 AVE.202A ST.202 ST.1
2
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A
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DAVENP
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BCP 30587
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BCP 24827
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P 20395EPP 58146
P 38722
LMP 41518P 42230
P 38722
BCP 30587
´SCALE 1:2,500
MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No. Map No. From:
To:
Agricultural
Urban Residential
7333-2017945
Urban Area Boundary
Urban Area Boundary
CITY OF MAPLE RIDGE
BYLAW NO. 7308-2017
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. 7308-2017."
2. Those parcel (s) or tract (s) of land and premises known and described as:
Lot 102 District Lot 263 Group 1 New Westminster District Plan 50054
and outlined in heavy black line on Map No. 1701 a copy of which is attached hereto
and forms part of this Bylaw, are hereby rezoned to RS-1b (One Family Urban
(Medium Density) Residential).
3. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached
thereto are hereby amended accordingly.
READ a first time the 14th day of February, 2017.
READ a second time the 23rd day of May, 2017.
PUBLIC HEARING held the day of , 20
READ a third time the day of , 20
ADOPTED the day of , 20
_____________________________ ____________________________
PRESIDING MEMBER CORPORATE OFFICER
EPP 66754EPP 58037BCP 30586EP 55731
LMP 41519 LMP 39380BCP 30
5
8
6
RW 50055 RW 62664BCP 30586LMP 41519BCP 30586BCP 30586 LMP 39379EPP 57021RW 62664EP 42229
BCP 30586
BCP 30586RW 62664McIVOR AVE.
124 AVE.202A ST.202 ST.1
2
5
A
V
E
.201 ST.ALLISON ST.125 AVE
DAVENP
O
RT
DR.
POWELL AVE.
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8
5
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5
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12407
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2028812402
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1
2
4
6
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2
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6
0
124
6
7
2019912398
12391
124
7
3
20205 20251124
7
0
EPP 66754EPP 58037BCP 30586EP 55731
LMP 41519 LMP 39380BCP 30
5
8
6
RW 50055 RW 62664BCP 30586LMP 41519BCP 30586BCP 30586 LMP 39379EPP 57021RW 62664EP 42229
BCP 30586
BCP 30586RW 62664´SCALE 1:2,500
MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From:
To:
RS-1 (One Family Urban Residential)
RS-1b (One Family Urban (Medium Density) Residential
7308-20171701
Urban Area Boundary
Urban Area Boundary
DEVELOPMENT APPLICATION CHECKLIST
FOR FILE 2015-297-RZ
File Manager: Adrian Kopystynski MCIP, RPP, MCAHP
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 City 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. Conceptual Development 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*+. For Phase 1 only
*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.
- 1 -
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: May 23, 2017
and Members of Council FILE NO: 2015-297-RZ
FROM: Chief Administrative Officer MEETING: Council
SUBJECT: First and Second Reading
Official Community Plan Amending Bylaw No. 7331-2017 and
First Reading
Housing Agreement Bylaw No. 7332-2017
Second Reading
Zone Amending Bylaw No. 7183-2015
23025, 23054, 23060, 23070, 23075, 23089 and 23095 Lougheed Highway and
11305, 11383, 11428 and 11438 232 Street
EXECUTIVE SUMMARY:
An application has been received to rezone the subject properties located at 23025, 23054, 23060,
23070, 23075, 23089 and 23095 Lougheed Highway and 11305, 11383, 11428 and 11438 232
Street (Appendix A and Appendix B) from RS-3 (One Family Rural Residential) to R-2 (Urban
Residential District), RM-1 (Townhouse Residentia and C-1 (Neighourhood Commercial), to permit a
future subdivision of approximately 89 R-2 lots, 262 townhouse units, a one acre active park,
conservation areas, and construction of a mixed-use commercial residential building consisting of
about 929 square metres of retail space and a minimum of 24 rental apartment units. There will be
no tandem parking in this project.
There is also a site specific C-1 Zone text amendment to combine the C-1 and C-5 permitted uses,
including the provision of at least 24 rental apartment units, a third of which would be adaptive
dwelling units secured through a Housing Agreement. The Zone amending bylaw requires the existing
zoning to be amended as follows:
Adding a site specific text amendment to the C-1 Zone to list the following as Additional Principal
Uses:
i. Apartment Use
ii. Assembly, including daycare;
iii. Civic;
iv. Financial Services;
v. Indoor Commercial Recreation;
vi. Business Services;
vii. Professional Services;
viii. Coffee Shops;
ix. Liquor Primary Establishments; and
x. Retail Sales excluding Highway Commercial Use.
Adjust the zone boundaries in the schedule attached to the Zone Amending Bylaw
accommodating road and parkland modifications;
Change the former Interpretive Centre on the east side of Lougheed Highway to a townhouse
pocket to be zoned RM-1 (Townhouse Residential). A child play area in the single family
residential pocket along 232 Street is being introduced in place of the Interpretive Centre; and
To change the lot coverage, siting, height and gross floor area regulations.
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Council granted first reading to Zone Amending Bylaw No. 7183-2015 (Appendix D) and considered
the early consultation requirements for the Official Community Plan (OCP) amendment on November
24, 2015.
Official Community Plan Amending Bylaw No. 7331-2017 (Appendix C) provides for OCP text
amendments and designation boundary changes.
Section 6.3.6 Neighbourhood Commercial Centres in the Official Community Plan is proposed to be
amended to identify the portion of the site proposed to be zoned C-1 as a Neighbourhood
Commercial Centre.
Schedules B and C of the Official Community Plan (OCP) need to be amended. With these following
amendments, this application will be in compliance with the OCP:
Schedule B of the OCP requires two amendments. Firstly, redesignating the portion of the site
for the proposed neighbourhood commercial centre and rental housing development from Urban
Residential to Commercial. Secondly, redesignating the portion of the site for the central park
from Urban Residential to Park.
Schedule C of the OCP needs the have the Conservation designation boundaries adjusted for
ground-truthing.
Pursuant to Council policy, this application is subject to the Community Amenity Contribution
Program as follows:
$4,100.00 per townhouse dwelling unit: 262 times $4,100 = $1,074,200.00; and
$5,100.00 per single family lot: 88 times $5,100 = $448,800.00.
It is estimated that the total voluntary Community Amenity Contribution amount will be
$1,523,000.00. This will be collected as a condition of rezoning. And that a further voluntary
$1,000.000.00 Community Amenity Contribution will be made. The total voluntary contribution is
now $2,530,000.00 and will be collected prior to final reading. In addition a voluntary park
improvement contribution of $150,000.00 will be made. Based on the development proposal, it is
estimated that the applicant will also be required to pay development Cost Charges in excess of $5
million.
Rental and Adaptive Housing is being proposed and secured through 23070 Lougheed Highway
Housing Agreement Bylaw No. 7332-2017 (Appendix E).
The applicant has also offered to provide a minimum of 24 rental apartment units in the mixed-use
building, above the first floor commercial units. The mix will be 42% (a minimum of 10 units) one
bedroom units, 25% (minimum 6 units) two bedroom units and a minimum of 33% (minimum 8
units) of three bedroom units. Of these, a minimum of one-third (8 units) will be designed to permit
aging-in-place, being designed to meet SaferHome Standards (Appendix A attached to the bylaw in
Appendix E) and in accordance with Section 3.8.5 Adaptive Dwelling Units of the British Columbia
Building Code. And that 2 fast charging electrical vehicle outlets will be provide for public access. A
security is to be collected to insure these units are provided.
RECOMMENDATIONS:
1) That, in accordance with Section 475 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. 7331-2017 on the municipal website and requiring that the applicant host a
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Development Information Meeting (DIM), and Council considers it unnecessary to provide any
further consultation opportunities, except by way of holding a Public Hearing on the bylaw;
2) That Official Community Plan Amending Bylaw No. 7331-2017 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. 7331-2017 is consistent
with the Capital Expenditure Plan and Waste Management Plan;
4) That Official Community Plan Amending Bylaw No. 7331-2017 be given first and second
readings and be forwarded to Public Hearing;
5) That Zone Amending Bylaw No. 7183-2015 be amended as identified in the staff report dated
(May 23, 2017), be given second reading as amended, and be forwarded to Public Hearing;
6) That 23070 Lougheed Highway Housing Agreement Bylaw No. 7332-2017 be given first reading;
7) Collecting a security for the provision of rental housing in accordance with the agreement to be
entered into under 23070 Lougheed Highway Housing Agreement Bylaw No. 7332-2017;
8) 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) Approval from the Ministry of Transportation and Infrastructure;
iii) Amendment to Official Community Plan Schedules "B" and “C”
iv) Road dedication on Lougheed Highway, Haney Bypass and 232 Street as required;
v) Park dedication as required, including construction of walkways, multi-purpose trails, plaza
and public art space and emergency access roads; and removal of all debris and garbage
from park land;
vi) Acquisition of the 1 acre central park to the City;
vii) Voluntary park improvement contribution of $150,000.00 for the central park;
viii) Two (2) fast charging electrical vehicle outlets;
ix) Consolidation of the subject properties along the proposed zone boundaries;
x) Registration of a Restrictive Covenant for the Geotechnical Report, which addresses the
suitability of the subject properties for the proposed development;
xi) Registration of a Restrictive Covenant for the protection of the Environmentally Sensitive
areas (wetlands) on the subject properties;
xii) Registration of a “No Build” Restrictive Covenant, substantially in the form of the draft
attached as Appendix F, for the multi-residential and commercial / rental apartment
portions of the subject site. It will restrict development until future subdivision or
development permits are issued by Council that comply with Supplementary Design
Guidelines (Schedule “A” attached to the “No-Build” Covenant in Appendix F). This
covenant is to require the single residential and townhouse units be prewired for electric
vehicle slow charging and one publically accessible fast charge electric vehicle charging
station associated with the mixed-use Commercial / Rental Apartment site;
xiii) Registration of a Statutory Right-of-Way plan and agreement, including saving harmless the
City, over the townhouse and commercial / apartment sites where public pathways,
walkways or other interconnections throughout the site and into the Kanaka Regional Park
are proposed;
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xiv) Registration of a Reciprocal Cross Access Easement Agreement between the two
townhouse lots south of the Lougheed Highway, as may be necessary;
xv) Registration of a Restrictive Covenant for protecting the Visitor Parking;
xvi) Registration of a Restrictive Covenant for Stormwater Management;
xvii) Registration of a Housing Agreement in accordance with Section 483 of the Local
Government Act and a Restrictive Covenant stating that a minimum of 24 dwelling units will
be restricted to rental units;
xviii) Registration of a Restrictive Covenant stating that a minimum of one third of the dwelling
units subject to the Housing Agreement will be designed and build to comply with
SaferHome Standards, (see Schedule A attached to the bylaw in Appendix E), and in
accordance with Section 3.8.5 Adaptive Dwelling Units of the British Columbia Building
Code;
xix) Security for the apartment units to be provided in accordance with the Housing Agreement;
xx) Removal of existing building/s;
xxi) In addition to the site profile, a disclosure statement must be submitted by a Professional
Engineer advising whether there is any evidence of underground fuel storage tanks on the
subject properties. If so, a Stage 1 Site Investigation Report is required to ensure that the
subject property is not a contaminated site;
xxii) That a voluntary contribution, in the amount of $1,523,000.00 to be provided in keeping
with the Council Policy with regard to Community Amenity Contributions; and
xxiii) A further voluntary Community Amenity contribution, in the amount of $1,000,000.00.
DISCUSSION:
1) Background Context:
Applicant: Polygon Development 309 Ltd. T. Maginnis Cocivera
Owner: BC Transportation Financing Authority
Legal Description: (see Appended to report)
OCP:
Existing: Urban Residential, Conservation
Proposed: Urban Residential, Commercial and Conservation
Zoning:
Existing: RS-3 (One Family Rural Residential)
Proposed: R-2 (Urban Residential District), RM-1 (Townhouse Residential),
C-1 (Neighbourhood Commercial) with Site Specific text amendment to add
more permitted uses and change other regulations as described in this
report.
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Surrounding Uses:
Portion of site north of Lougheed Highway:
North: Use: Telosky Park, Thomas Haney Centre, Thomas Haney Secondary
and Maple Ridge Lawn Bowling Facility;
Zone: CD-1-89 (Assembly, Civic, Park & School);
Designation: Institutional;
East: Use: Townhouses and vacant (forested);
Zone: RM-1 (Townhouse Residential) and
RS-3 (One Family Rural Residential);
Designation: Urban Residential and Conservation;
South: Use: Townhouses;
Zone: RM-1 (Townhouse Residential);
Designation: Urban Residential;
Portion of site south of Lougheed Highway:
Northwest: Use: Residential and Bare Land Strata Residential;
Zone: R-1 (Residential District) and RM-1 (Townhouse Residential);
Designation: Urban Residential;
Southwest: Use: Across Haney Bypass:
CP Rail rail line, Kanaka Creek Regional Park;
Zone: RS-3 (One Family Rural Residential);
Designation: Park, Urban Residential and Conservation;
East: Use: Townhouse and Rural Residential;
Zone: RM-1 (Townhouse Residential) and RS-3 (One Family Rural
Residential);
Designation: Urban Residential and Conservation;
Existing Use of Property: Vacant with treed ravine areas
Proposed Use of Property: Residential and Commercial
Site Area:
Access: 232 Street, Lougheed Highway and new cul-de-sac street south off
of Lougheed Highway. Emergency and future restricted access to
Haney Bypass after upgrading is authorized and undertaken by the
Ministry of Transportation and Infrastructure.
Servicing: Urban or Rural Standard
Previous Applications: 2014-120-RZ (denied at first reading)
Companion Applications: 2015-297-DP (Phase one Townhousing (112 units))
2016-279-DP and 2016-280-DP (combined natural features and
watercourse protection development permit applications)
2) Background:
Originally, the subject lands (Appendix A) were to be part of a proposed north-south transportation
corridor, feeding into a new link across the Fraser River referred to as the “Cottonwood Crossing.”
However, after the alignment at 200 Street was selected and the Golden Ears Bridge was built, the
lands became surplus and are being disposed of by the Province.
In 2015, the lands were subject to an earlier development application by a different developer
(Qualico Developments Inc.) that was similar in nature consisting of: townhomes; street townhomes;
single family lots and a large commercial uses. However, this application was denied by Council. The
reasons for denial were that no rental housing was proposed and the commercial building was
deemed to be excessive in size, thus being unsupportable in three respects: (1) contrary to OCP
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Policy 6-32 for size; (2) not aligning with the Maple Ridge Commercial and Industrial Strategy; and (3)
the potential negative impacts on the Town Centre Area by its close proximity and wide range of uses
being proposed.
The current applicants (Polygon and Morningstar), have tailored their application to address the
concerns raised by Council with the earlier proposal. This includes: proposing rental market housing,
developing a comprehensive plan to help establish a “sense of place” for the new community,
providing public art, and adhered to Policy 6-32 while asked for a limited expansion of the permitted
uses that are appropriate to a neighbourhood level and that do not negatively impact the Town
Centre Area or its commercial viability.
Council granted first reading to the Polygon/Morningstar proposal on November 24, 2015. A full
application with supporting documentation having been submitted, reviewed and found to be
generally in compliance with OCP policies by City Departments; therefore, this application is being
brought forward to Council to grant second reading, advance the application to Public Hearing and
subsequently setting terms and conditions to be fulfilled prior to adoption.
Zone Amending Bylaw No. 7183-2015 (Appendix D) has been changed since first reading to reflect
the detailed submission from the applicant. The maps attached to Bylaw No. 7183-2015 had the
boundaries for the portions of the lands being zoned adjusted for the reconfigured central park and
ground truthing. The additional site specific permitted uses and regulations for siting and floor area
were also added to Bylaw No. 7183-2015.
OCP Amending Bylaw No. 7331-2017 (Appendix C) accompanies this application to designate the
portion of the subject site for Neighbourhood Commercial Centre, in support of the 929 square
metre commercial mixed use building and adjusting the Conservation designation boundaries for
ground-truthing.
23070 Lougheed Highway Housing Agreement Bylaw No. 7332-2017 (Appendix E) also accompanies
this project to authorize the City to enter into a Rental Housing Agreement for not less than 24
apartment units. These units would be situated above the commercial level of the proposed mixed
use commercial/residential building.
Council will have the opportunity to review and approve the design of this commercial mixed use
building as part of a future development permit application.
3) Project Description:
Overview:
The lands subject to this rezoning application were part of Ministry of Highways properties once
slated to accommodate the alignment of the “Cottonwood Connector” through East Maple Ridge.
The connector is no longer to be constructed; therefore, the site is being sold by the Province.
The development site (Appendix A) consists of two disconnected sites made up of 11 lots – eight (8)
lots to the north and three (3) lots to the south of Lougheed Highway. The areas are approximately:
Area in Hectares Area in Acres
Total Site 21.1 52.21
North Portion 9.7 24.0
South Portion 11.4 28.2
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The development concept plan (Appendix G) partitions the subject site into the following Areas:
Area Proposed Use
Southern Portion
A 28 lot single residential subdivision
B 112 Townhouse Phase 1
C Mixed-use Commercial / Rental Apartments (24 dwellings)
D Central Park Area (about 1 acres)
E 130 Townhouse Phase 1
F ESA Area
G ESA Area
Northern Portion
H 61 lot single residential subdivision
I 20 Townhouse included in Phase 1
J ESA Area
K ESA Area
L ESA Area
South Portion: The land is vacant, mainly cleared and generally slopes to the southeast (towards
Morely Creek on adjacent lands) and the south west (towards Roslyn Creek which flows through the
site in the west). There are three (3) steep slope areas:
• Bisecting the site diagonally from the northwest to southeast near the Haney Bypass;
• Running north to south behind the residential lots fronting Olund Crescent and 231 Street near
Lougheed Highway; and
• Running north to south along the eastern side of the site associated with Morely Creek. The
southern portion of the creek was piped along the lot line shared between the development
site and the townhouse project to the east as well as under the Haney Bypass.
There is an existing R-1 (Residential District) and RM-1 (Townhouse Residential) bare land strata
neighbourhood to the west, and two RS-3 (One Family Rural Residential) lots and a RM-1 townhouse
complex to the east.
North Portion: This is made up of two areas, which are separated by 232 Street. The North Portion is
covered with trees, has steep slopes and Morley Creek flows south and is piped under the Lougheed
Highway. The lots in the southern part are vacant with clearings, possibly one former house site near
232 Street. The lands slope from the middle of the site east to 232 Street and west towards the
creek and rising up to the fields associated with Telosky Park and Thomas Haney Centre.
There is an existing townhouse complex to the south and the Telosky Park /Thomas Haney Senior
Secondary and associated recreational uses to the north.
Across 232 Street are two lots characterized by steep slopes and ravines containing Salamander
Creek and its tributaries. Consequently, these lands will retain their existing RS-3 (One Family Rural
Residential) zoning and will be designated Conservation and dedicated to the City as conservation
lands. Townhouse facing Cottonwood Drive is located to the east of this pocket.
Proposed phasing: The entire site is proposed to be rezoned at one time and developed at stages.
Based on the information available at the time this report was written, the phasing is as follows:
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Phase 1: This phase includes the two single residential subdivisions (Area A with 89 R-2 lots),
the 112 townhouse units on the south side of the Lougheed Highway (Area B) and 20
Townhouse units (Area I) on the north side of the Lougheed Highway. The applicant
anticipates development of Phase 1 to commence in October 2017;
Phase 2: This phase includes the 130 Townhouse (Area E) proposed in the central and lower
portion of the site that abuts the Haney Bypass and the Commercial / Apartment building
(Area C) with a minimum of 24 rental apartments. This phase is proposed to commence in
November 2019.
4) Planning Analysis:
i) Official Community Plan:
The development site is currently designated a combination of Urban Residential and Conservation.
With respect to the residential component, the subject site is designated Urban Residential – Major
Corridor in the OCP. This designation provides for a range of residential uses, including ground
oriented housing forms such as single detached dwellings, garden suites, duplexes, triplexes, four
plexes, townhouses, apartments or intensive small lot residential subject to compliance with the infill
and compatibility policies. The proposed residential uses (R-2 (Urban Residential District) and RM-1
(Townhouse Residential) zones) are in compliance with the OCP.
The identification of undevelopable areas to be retained as conservation has been established by
ground truthing, with compensation areas for allowable encroachments. As a result of this, the
Conservation Designation boundaries will need to be adjusted in the OCP.
For the commercial component, OCP Amending Bylaw No. 7331-2017 is to re-designate the portion
of the site for the proposed commercial mixed use building for the proposed C-1 (Neighbourhood
Commercial) Zone. Policy 6.3.6 is also being amended to identify this site as a Neighbourhood
Commercial Centre.
The following is a summary of OCP Policies and brief staff comments as related to the mixed use
commercial / multi-family residential component of this project:
OCP Policy Staff Comment
6 - 30 Maple Ridge will encourage the development of
Neighbourhood Commercial Centres within walking
distance of neighbourhoods to service the daily
convenience shopping and service needs of residents in
the local neighbourhood.
The proposed mixed use
commercial / residential
building is compliant with this
size restriction and its location
is within walking distance of
residents residing nearby or
who will reside after the site
develops.
6 - 32 Total commercial space in a Neighbourhood Commercial
centre is typically less than 930 square metres (10,000
square feet) in area.
3 - 32 Maple Ridge supports the provision of affordable, rental
and special needs housing throughout the District. Where
appropriate, the provision of affordable, rental, and special
needs housing will be a component of area plans.
This proposal will by
constructing at least 24 rental
apartments secured by a
housing agreement
The proposed re-designation to permit a neighbourhood commercial building with rental housing
complies with Policies 3-32 encouraging rental housing be built in the City, Policy 6-30 to
accommodate daily shopping needs within walking distance of a neighbourhood and Policy 6-32 with
respect to allowable size.
- 9 -
With respect to the parkland and trail system forming an integral part of this development, the
following policies apply:
OCP Policies:
4 - 8 Maple Ridge will ensure that parks, leisure and cultural facilities and services are provided for
in the changing and growing community in accordance with the Maple Ridge/Pitt Meadows Parks,
Recreation and Culture Master Plan, taking into account the joint delivery of services in Maple Ridge
and Pitt Meadows.
Staff comment: Assuming a average household size of 3.1 persons for the 374 dwelling units to be
constructed, this development may generate as many as 1,200 residents. There is a need to have
sufficient parkland to accommodate the active park activities for this new community. The
approximately one acre park is therefore justified.
4 - 9 Maple Ridge will partner with Regional and Provincial agencies, and neighbouring municipalities
to advance the implementation of the Regional Recreation Greenway Network, embedded within the
Metro Vancouver Regional Growth Strategy.
Staff Comment: The Regional Plan proposes a grade separated overpass of the Haney Bypass and
CP Rail right of way between the subject site and the future extension of Kanaka Creek Regional
Park along the Fraser Waterfront. The location of this north landing of this pedestrian overpass is
reflected in the concept plan for the Phase 2 townhouse development in accordance with this policy.
4 - 10 Maple Ridge recognizes that access to parks and green spaces greatly enhances community
health and individual quality of life, and will continue to maintain and enhance the large network of
trails and green space.
Staff Comment: Conservation areas are proposed to be dedicated as part of subdivision, and a trail
network built as part of development permit conditions as part of this project, in accordance with this
policy.
Housing Action Plan:
The proposal closely aligns to the intent of the Maple Ridge Housing Action Plan. The project will
result in a range of housing and includes a minimum of 24 rental housing units, with approximately a
6% portions being Adaptive Housing to accommodate gaining in place. There are no affordable units
proposed. This housing will be secured by way of a Housing Agreement in accordance with the
Housing Action Plan.
Parks Master Plan Policies:
The following policies apply from the Parks Master Plan:
Parkland Supply
Ensure that all residents have access to community and neighbourhood parks within a 10
minute and 5 minute walk, respectively.
Ensure that there is an adequate supply of each type of parkland to meet needs.
Staff Comment: The size and location of the Central Park and the Tot Lot are in compliance with
this policy.
- 10 -
Trails and Greenways
Increase the number of different types of trails to accommodate more use, provide
transportation alternatives, and to increase interconnectivity.
Staff Comment: The proposed pedestrian trail system is in compliance with this policy.
Park Design and Development
Design parks to be safe and with opportunities for a wide variety of activities, age groups, and
ability levels, keeping current with trends.
Staff Comment: The applicant has submitted a conceptual park rendering (Appendix K) showing
opportunities to configure various active recreational components.
ii) Zoning Bylaw:
Details of Proposed Rezoning:
The site is proposed to be rezoned from RS-3 (One Family Rural Residential) to R-2 (Urban
Residential District), RM-1 Townhouse Residential and C-1 Neighbourhood Commercial Zones and
site specific text amendments associated with the C-1 Zone (see Appendix C).
R-2 Zoned Areas:
A total of approximately 88 R-2 lots in two pockets are being proposed. The Zoning Bylaw requires
R-2 lots to have a minimum lot size of 315 square metres, a minimum depth of 27 metres and a
minimum width of 10.5 metres for an interior lot and 13.5 metres for an exterior lot.
The eastern pocket (Area H) consists of approximately 60 R-2 lots (minimum lot size of 315 square
metres) with an area set aside for a tot lot. A road from 232 Street west to a proposed new
signalized intersection with Lougheed Highway is being accommodated by this subdivision (Appendix
H). There will be some stabilization work on a portion in the northeast corner of the site that will not
be developed.
The western pocket (Area B) consists of approximately 28 R-2 lots (minimum lot size of 315 square
metres). This will complete the existing subdivision by looping 230th Street through to 113th Avenue
(Appendix I).
The layouts provided are preliminary. They appear to meet the R-2 area and dimension requirements;
however, the layout may change and the number of resulting lots may be reduced due to adjustment
for environmental reasons. The layouts have not been reviewed for acceptance by the Approving
Officer or the Engineering Department; therefore the final lot yields may change. The building
envelope to accommodate the Morningstar lots may also require minor setback variances and some
lots may require minor variances to minimum width or depth for infill in the western pocket. A
Development Variance Permit report will be forwarded to Council describing any variance being
requested at the same time as the final reading report concerning the rezoning.
RM-1 Zoned Areas:
A total of approximately 262 Townhouses in two phases are being proposed. One of the phases
spans both sides of Lougheed Highway and the other will be south of Lougheed Highway.
A development permit application accompanies this rezoning application for the first phase
townhouse pocket. The proposed form, character, design and landscaping are described in more
detail in a subsequent section of this report. This initial townhouse phase will consist of
approximately 112 townhouse units and stretch from the ravine on the north side of Lougheed
Highway, across the highway and southward to the ridge bisecting the site north of the Haney
Bypass.
- 11 -
This following table contains some of the particulars for each of the proposed townhouse phases:
Townhouse Phase Lot B and I Lot E
Number of Units 131 130
Floor Space Ratio Up to 0.6
(currently proposes as 0.57)
Up to 0.6
(currently proposes as 0.48
The boundaries between the areas proposed to be rezoned to RM-1 and being retained in
Conservation may be subject to minor adjustments due to additional ground-truthing information. As
is demonstrated in the table, both phases have a Floor Space Ratio (FRS) less than the maximum
permitted for the RM-1 Zone. Therefore, if the area being rezoned to RM-1 zone is decreased, the
currently proposed densities are less then the zone maximum and can accommodate a marginal
decrease in site area. Alternatively, the number of units or the floor area of units may be decreased
so density is not increased or exceeds the 0.6 FSR permitted in the RM-1 Zone.
A Common Facility called “The Clubhouse” (Appendix J) is proposed to be built as part of Lot E, in the
vicinity of the mixed use commercial / rental apartment phase. It will have a floor area of
approximately 560 square metres and will feature a great room, fitness studio, pool, hot tub and
resident manager dwelling.
C-1 Zoned Area:
A mixed use commercial / rental apartment building is proposed on an approximately 0.24 hectare
portion of the site fronting on the south side of Lougheed Highway. Parking will be underground. A
single level of commercial area not greater than approximately 1,039 square metres is proposed in
accordance with OCP Policy 6-32. Two floors of residential floor space up to 2,186 square metres,
consisting of a minimum of 24 apartment units is proposed. The mix of units is as follows:
42% (a minimum of 10 units) one bedroom units;
25% (minimum 6 units) two bedroom units; and
33% (minimum 8 units) of three bedroom units.
Of these, a minimum of one-third (8 units) will be designed to permit aging-in-place, being designed
to meet SaferHome Standards (Appendix A attached to the bylaw in Appendix E) and Adaptive Unit
Building Code requirements.
The rental apartments, the mix and the provision of some adaptive units will be subject to a Housing
Agreement (Appendix E) with a performance security.
This portion of the development will be in a future phase following rezoning. It is not being
accompanied with a Development Permit application at this time. Based on the conceptual plan,
some variances will be required, such as relaxing the height restriction. A development permit for the
detailed design and development variance permit application will be forwarded for Council approval
in the future.
P-1 Zoned Lands:
Two areas are being zoned P-1:
A Central Park in the Sothern Portion of the subject site, consisting of approximately 0.4 hectare
(1 acre), will be developed with a contribution from the developer for active recreational use
(Appendix K); and the applicant has requested that some DCC forgiveness be applied in
exchange for the park;
A Tot Lot in the Northern Portion of the subject site as shown in Appendix L.
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Remaining Areas:
The remaining lands (Areas F, G, J, K and L) will be active or passive parkland as follows:
There will be two active areas. In the southern portion will be a central active park with an area of
approximately 4,096.9 square metres. In the northern portion will be a tot lot.
The remainder of the site, approximately 8 hectares (20 acres) or 37% of the subject site will be
dedicated as passive open space, predominantly designated Conservation.
Site Specific Text Amendment:
The applicant has requested site specific changes to the Neighbourhood Commercial C-1 Zone
provisions.
Changes to the Use Provisions:
The applicant has requested that Principal and Accessory uses be expanded to resemble the C-5
Village Centre Zone Commercial Use established for use in the Albion Plan Area. The uses in that
zone very closely align with the applicant’s desire to achieve the following:
to keep the commercial centre under the 929 square metres maximum size as required in OCP
Policy 6-32 for Neighbourhood Commercial Centres;
not to have the size and types of uses detract from the commercial viability of the Town Centre
Area; and
to develop a village-like commercial centre and focus that is well integrated and interconnected
with the surrounding residential community being developed.
The proposed uses to be added on a site specific basis, are checked off and highlighted in the below:
Currently Uses permitted in
the C-1 Neighourhood
Commercial Zone
Proposed site specific uses to be
added from the C-5 Village
Commercial Zone
Key:
Already permitted in C-1
Add
Do Not Add
Proposed site specific
uses requested by
the applicant and to
accommodate rental
and adaptive housing
convenience store;
restaurant;
personal services;
personal repair services;
Convenience store
Restaurants
Personal Services
Personal Repair Services
Assembly;
civic;
financial services;
indoor commercial recreation;
business services;
professional services;
retail sales excluding highway
commercial use;
Liquor Primary Establishment;
recycling depot;
Licensee Retail Store
Apartment
At the applicant’s request, a recycling depot is not included because the applicant is concerned that
too many truck movements and odours may be associated with this use.
- 13 -
Changes to Other Provisions:
The applicant has requested the following regulations be amended for the Commercial Mixed
Use/Residential building:
Regulation Current Proposed
Lot coverage maximum 40% maximum 50%
Height maximum 7.5 metres maximum 12.0 metres and
maximum 3 storeys
Siting
7.5 metres front;
6.0 metres rear;
3.0 metres interior;
7.5 metres exterior
3.0 metres from all lot lines
Gross Floor Area
Commercial maximum:
279 square metres
Total: 3,350 square metres
Commercial maximum:
1,093 square metres
Apartment use Language from proposed
new zoning bylaw applied
These site specific amendments are justified because:
This provides sufficient floor area to accommodate the envisioned range in rental unit sizes;
Parking being underground permits a larger floor plate with sufficient land area for landscaping
and extension of commercial activates such as a restaurant or coffee shop into the out of doors.
The building height and closer proximity to the streets contributes to the goal of Place-making,
gives a stronger pedestrian environment along the abutting streets and supports this mixed-use
building become a village landmark for the surrounding community and along the Lougheed
Highway corridor.
The setback along the eastern edge of the proposed building site may be increased due to
geotechnical and environmental setbacks. This will be reviewed as part of a future development
permit applicant for the mixed-use building and brought forward to Council at a future date.
Housing Agreement:
In conjunction with the proposal to redesignate about 0.21 Hectares (0.53 Acres) to Commercial to
allow for a Neighborhood Commercial Centre, the applicant has offered to provide a minimum of 24
rental housing units in a mixed use commercial / residential building.
23070 Lougheed Highway Housing Agreement Bylaw No. 7332-2017 is attached in draft form
(Appendix E). It is still undergoing legal review with the applicant and is expected to be in final form
in the near future. The draft agreement attached needs to be adopted by bylaw, but is not subject to
a Public Hearing. The draft agreement will contain the following provisions:
A minimum of 24 rental housing units, with a mix of 1, 2 and 3 bedrooms noted in the previous
section of this report;
These rental units are to be built and maintained in perpetuity;
A minimum of one third of these rental dwelling units will be designed and built as adaptive
housing to permit aging in place, subject to SaferHome Standards, (Appendix A attached to the
bylaw in Appendix E), and in accordance with Section 3.8.5 Adaptive Dwelling Units of the BC
Building Code; and
- 14 -
Given there is no development permit and the development of this phase is in the future, a
security deposit to be agreed upon is to be collected and held by the City for the rental
apartment units until they are built.
“No-Build” Covenant:
Rezoning applications for multi-residential and commercial projects are accompanied by a
development permit application that is processed in parallel with a rezoning. This permits Council, as
well as residents attending Public Hearing, to better visualize a development proposal. The no build
covenant is not adopted by bylaw and is simply a charge on future property titles. It is not subject to
a Public Hearing and is currently being reviewed by the City solicitor and may be altered prior to
registration.
Build out for this development is proposed over a period of about two years; however, the applicant
is requesting that the entire site be rezoning with a development permit for the first townhouse
phase, but not for the latter rezoned townhouse phase or the mixed use commercial / rental
apartment building phase. To accommodate this approach, a “no build covenant” (Appendix F) is
proposed to be registered on the entire site providing the following:
Detailed Conceptual Plan: A detailed concept plan has been developed by the applicant for the
entire site. It identifies the proposed internal and public road systems, a conceptual plan for
each phase of the development is developed, it establishes the number of units or lots in each
phase, has developed an active and passive parkland plan with trails interconnecting the entire
development and connecting to adjacent areas.
Conceptual Trail Network Plan: A trail system is proposed to provide interconnection through the
site, including nature walks and convenient pedestrian access to the Central Park and
commercial centre. This plan will help to guide the interconnections as the site is developed over
time.
Supplementary Design Guidelines: The Development Permit Guidelines in the OCP guide
developers and Architects in proposing buildings and structures that reflect the form and
character of design envisioned by Council to be built in the community. However, to achieve the
comprehensively planned community and to coordinate the form and character of each phase of
this project, the applicant has proposed Supplementary Design Guidelines (Schedule “A”
contained in Appendix F) be established.
These Supplementary Design Guidelines embody the applicant’s objective of incorporating the
principle of “place making”, public art, aging in place and sustainability to guide overall site
development. These guidelines include:
Developing the site in a way that respects the natural terrain and protects the environmentally
sensitive areas, creating a community with “doors on the streets”, pedestrian friendly, and safe
(CEPTD);
A hierarchy of interconnected open spaces, including an active central park;
Architectural character, form and massing establishing distinct and identifiable communities
while maintaining a harmony tying together the overall project and a strong relationship to the
natural environment;
Enhancing the overall character of the development through appropriate landscaping, provision
of amenities, including public art, and emphasis on sustainable practices, including energy
efficiency and stormwater management practices related infiltration and improving water quality.
Noise Mitigation Measures: The “Guidelines for New Development in Proximity to Railway
Operations” prepared by the Federation of Canadian Municipalities and the Railway Association
of Canada apply to the site as described in a later section. One or more clauses will establish the
consultant assessments to accompany subsequent development permit application for
- 15 -
landscaping, design and construction requirements to mitigate potential noise and vibration
impacts on for people living in proposed units most affected by train operations.
The above restrictions and requirements are proposed to be nested into a “No Build” Covenant. It
will not allow any development on the site unless the following additional applications are received
for the other phases:
Two Single Residential Pockets: The single residential subdivisions applications are made and
the Approving Officer is satisfied that matters contained the “No-Build” Covenant as it may
pertain to the development are satisfied;
Second Townhouse Phase: A Development Permit application is made and approved by Council
for the second townhouse phase that complies with the development concept and proposed trail
system, the Supplementary Design Guidelines, Section 8.7 Multi-Family Development Permit
Area Guidelines and noise mitigation as may apply for that development proposal;
Mixed-use Commercial / Rental Apartment Building: A Development Permit application is made
and approved by Council for the mixed-use commercial / rental apartment building phase that
complies with the development concept and proposed trail system, the Supplementary Design
Guidelines, Section 8.5 Commercial Development Permit Area Guidelines and noise mitigation
as may apply for that development proposal.
Noise Impacts:
The site is subject to the “Guidelines for New Development in Proximity to Railway Operations”
prepared by the Federation of Canadian Municipalities and the Railway Association of Canada. A
preliminary assessment by the developer concluded mitigation measures would include:
A minimum 30 metre setback, an earthen berm with a 3.0 metre high acoustic fence on top,
foundation isolation and mass materials for building facades or equivalent alternatives. The
developer further comments that the tracks are not directly adjacent to the site, but south of the
Haney Bypass. In a portion of the site, is elevated creating a natural bank shielding the site from
the rail line below. However, there is no earthen bank with fence along the CP Rail line corridor.
Units close to the Haney Bypass will be designed with non habitable spaces (e.g. laundry rooms)
toward the tracks and habitable rooms away from the tracks.
Double glazed windows incorporating acoustic seals will be used and some windows will be
inoperative.
Dense materials that absorb sound will be used in the construction and building face.
Foundations for units in the southern part of the subject site will incorporate measures to reduce
the transmission of vibration through the ground due to passing trains.
Archeological Review:
The applicant has supplied the City with an Archeological Impact Assessment, which was prepared
by the Katzie Development Corporation-Archaeology for the Ministry of Transportation and
Infrastructure and provided to the applicant. The report concludes:
No further archaeological studies are required for the Cottonwood Lands; and
If archeological remains are encountered, all work on the site must stop and the Archaeological
Branch must be contacted immediately.
Community Amenity Contributions:
This application is subject to Council’s policy respecting the voluntary Community Amenity
Contributions. All the single residential lots and the townhouse units are subject to this policy. Rental
housing secured by Housing agreement are exempted under the Policy.
- 16 -
Pursuant to Council policy, this application is subject to the Community Amenity Contribution
Program as follows:
$4,100.00 per townhouse dwelling unit: 262 times $4,100 = $1,074,200.00; and
$5,100.00 per single family lot: 88 times $5,100 = $448,800.00.
It is estimated that the total voluntary Community Amenity Contribution amount to be collected as a
condition of rezoning will be $1,523,000.00. A further voluntary community amenity contribution of
$1,000,000.00 is being offered voluntarily by the applicant. A voluntary park improvement
contribution of $150,000.00 for the central park is also being provided by the applicant.
iii) Proposed Variances:
A Development Variance Permit application will be required for the current and future phases of this
project. The following is a preliminary list of necessary relaxations:
Single Residential Subdivision: For some of the R-2 lots, the rear lot setback would be reduced
from 7.5 metres to 6 metres to accommodate the developers stand yard depth. Relaxation of the
height is being requested to permit a variety of roof forms and for more flexibility in dealing with
sloping sites.
Townhouses: For the RM-1 zoned portions of the site, the rear lot setback would be reduced from
7.5 metres to 6 metres to accommodate the developers standard yard depth. Relaxation of the
height is being requested to 13 metres and 3 storeys, to permit a variety of roof forms and for
more flexibility in dealing with sloping sites, not require the window view arc requirement and
reducing the minimum useable open space by about half in lieu of the amount of natural open
space (about 20 acres), which is undevelopable and set aside.
Mixed Use Building: The portion of the site for C-1 zoning requires two variances. One is to allow
the second and third floors to have the same plate size as the first floor. This change is being
proposed in the new Zoning Bylaw. The second is to set the parking requirement commensurate
with rental housing parking demand. The Off Street Parking and Loading Bylaw will need to be
varied to apply a parking requirement of one space per apartment unit as has been done for other
C-1 Zone rental apartment developments in the City.
The required variances for the first Townhouse phase is being processed together with the rezoning
and will be the subject of a future Council report.
iv) Development Permits:
Pursuant to Sections 8.7 and 8.5 of the OCP, Multi-Family Development Permit application for each
townhouse phase and a Commercial Development Permit application for the mixed use component
is required to address the current proposal’s compatibility with adjacent development, to enhance
the unique character of the community and minimize potential conflicts with neighbouring land uses.
Appendix M contains Architectural and landscaping plans for the first phase townhouse
development.
Pursuant to Section 8.9 of the OCP, a combined Natural Features / Watercourse Protection
Development Permit application is required to ensure the preservation, protection, restoration and
enhancement of watercourse and riparian areas for all development and subdivision activity or
building permits for:
All areas designated Conservation on Schedule “B”;
All lands with an average natural slope of greater than 15 percent;
All floodplain areas and forest lands identified on Schedule “C”
- 17 -
The necessary applications have been made and are undergoing staff review. Development permit
2016-279-DP for the northern portion of the site and 2016-280-DP for the southern portion of the
site will be considered and issued in accordance with the delegated authority granted by Council to
the Director of Planning before final reading is considered.
V) Advisory Design Panel:
The Advisory Design Panel (ADP) reviewed the conceptual plan for the overall development and the
form and character and the landscaping plans of the proposed first phase Townhouse at a meeting
held on February 15, 2017.
The conceptual site plan for the development was, at the time a work in progress respecting the
configuration of the central active park. The Architect presented the first Townhouse phase adjusted
for the modified park, which was not yet reflected in the plans circulated to the members of the ADP.
Following presentations by the project Architect and Landscape Architect, the ADP made the
following resolution that:
Given that the presentation materials differ from the submission made for ADP review, that the
proposal be re-submitted and presented at a future Advisory Design Panel meeting with the following
concerns addressed:
1. Provide dimensional material in lieu of vinyl.
2. Provide further articulation on the rear elevation.
3. Consider more uniform composition of glazing.
4. Show more details and locations how the building responds to grade change.
5. Provide details and sections of tiered retaining wall including landscape treatment.
6. Provide details for acoustic and landscape treatment along Lougheed Highway. Consider
acoustic fence.
7. Provide landscape treatments and planting in detail.
8. Provide legend or schedule of hard scape treatment.
9. Use native trees and plants near the conservation area and forest edge.
10. Show the overall layout of the park in relation to the building layout adjacent to Lot D.
11. Provide more details regarding public art and place making.
A resubmission will be required in the near future. These and subsequent ADP concerns will be fully
addressed and reflected in the final plans. A detailed description of how these items were
incorporated into the final design will be included in a future development permit report for the
phase 1 townhouse development to Council.
vi) Development Information Meeting:
A Development Information Meeting was held at Thomas Haney Secondary on April 12, 2017.
Twenty-Two (22) people attended the meeting. The applicant advised the following:
The meeting was well attended by both neighbours and citizens of Maple Ridge at large. There is
considerable interest in the project, given its size and prominent location. Overall the attendees
expressed support for the scheme, with many welcoming the addition of 350 reasonably priced new
homes, the protection of wildlife corridors and the traffic lights on Lougheed to slow the traffic
coming down the hill. Neighbours directly adjacent are also looking forward to the new storm water
control measures we will install, that will prevent water running into their yards. For neighbours who
- 18 -
had concerns, the main ones had to do with 1) traffic within the single family neighbourhood and on
232 St., 2) the preservation of forested areas, and 3) geotechnical stability.
The applicant proposes to address the above stated concern as follows:
1. The traffic issue is resolved by not having road connections to Harrison Rd. This will prevent any
multifamily traffic from entering the single family neighbourhood. The small amount of traffic
generated by the 29 single family homes is not going to create traffic congestion according to the
Traffic Study.
2. The developer is preserving over 20 acres of forested land in four areas. Additionally, vegetation
on the steeply sloping portions of the two southern townhouse pockets is being preserved.
3. The Geotechnical Report will address slope stability in detail. Retaining walls are proposed along
the property lines with the single family area to the west in the south portion of the project, which
will be designed and assured by the Geotechnical Engineer.
vii) Parkland Requirement:
The Parks, Recreation and Culture Department has identified need for a 0.4 hectare (one acre)
active park in the Southern Portion of the site and a Tot Lot in the Northern Portion of the site to
anticipate the recreational needs of residents and provide safe child play areas.
The developer will be required to comply with the park dedication requirements of Section 510 of the
Local Government Act prior to subdivision approval.
For this project, there is sufficient land that is proposed to be dedicated as park on the subject
properties and this land will be required to be dedicated as a condition of Final Reading.
5) Environmental Implications:
Significant information and review has been conducted by the applicants QEP and the City’s
environmental review staff to determine the appropriate ESA boundaries on the site. Over 20 acres
of environmentally sensitive land will be dedicated to the City for long term preservation.
Enhancement and restoration work, including a new trail system, will be carried out where necessary
in this land. The final boundaries of the ESA lands will be fine tuned after third reading as part of
the subdivision process. Should the developable areas of the site be reduced, some density
adjustments may be required. The reduction of density after third reading does not invalidate a
public hearing.
6) Traffic Impact:
As the subject properties are located on a provincial highway (Haney Bypass) and a referral to the
Ministry of Transportation and Infrastructure is necessary to review access, traffic circulation and the
parking areas.
Ministry approval of the Zone Amending Bylaw will be required as a condition of final reading. At this
time, the Ministry has granted preliminary approval of the development application.
7) Interdepartmental Implications:
i) Engineering Department:
The Engineering Department has identified that all the services required in support of this
development application do not yet exist to the various sites. It will therefore be necessary for the
- 19 -
owner to enter into a Rezoning Servicing Agreement and post securities to do the work identified in
that agreement prior to final reading. Comments provided by the Engineering Department include:
1. The construction of a connecting road to a collector standard from 232 Street to Lougheed
Highway with the installation of a traffic signal at the Lougheed Highway location. This road will
include concrete curbs and sidewalks, street lighting and street trees on both sides of the road
and bicycle facilities, and will allow for some on-street parking.
2. The construction of a municipal road to the townhouse development from Lougheed Highway
with the installation of a traffic signal on Lougheed Highway at this location. This road will be
constructed to a collector standard and include concrete curbs and sidewalks, street lighting and
street trees on both sides of the road, bicycle facilities and will allow for on-street parking. It is
recommended that parking be time-limited due to the park and commercial uses.
3. A Stormwater Management plan is required. It must be demonstrated if the watercourse and/or
facilities are adequate to support the drainage from these sites and other tributary drainage, and
to determine that no adverse impact on adjacent properties will occur.
4. Road improvements are required along Lougheed Highway which includes ensuring a separated
bike lane can be accommodated on both sides of the road.
5. Road improvements including road re-profiling along 232 Street. A concrete curb and sidewalk,
bicycle facility, street lights and street trees will also be required.
6. Road improvements may be required along the Haney Bypass and are subject to the Ministry of
Transportation and Infrastructure approval.
7. Road dedication is required along 232 Street to provide for a 26m right-of-way. The proposed
municipal roads will be dedicated to a 20m right-of-way as required for collector roads. Corner
truncations will also be required.
8. A servicing design is needed and will be required to comply with Municipal standards. The
design will include all services need to serve the proposed townhouse sites and the two new
municipal roads. Roads and services required for the two single family developments will be
provided at the subdivision stage
9. Servicing security will be required for the construction of a half cul-de-sac across the park
frontage for the internal municipal road for the single family development between 232 Street
and the Lougheed Highway. The design and construction of the full cul-de-sac will be done at the
subdivision stage.
10. Water, storm sewer and sanitary sewer mains will be assessed for condition and capacity and
will be upgraded if required.
In addition to the items above, the Engineering Department has received a Traffic Impact Study in
support of the development. The Study indicates:
1. That the Haney Bypass/Lougheed Highway intersection is currently operation at a poor Level Of
Service (LoS) for westbound traffic. This intersection will continue to operate this way even with
the 4-laning of the Bypass and that a grade separated interchange may be required to alleviate
the congestion at this intersection.
2. There is no capacity on the Haney Bypass to accommodate vehicles directly from this site until 4
travel lanes are constructed.
3. The construction of a connecting road from 232 Street to Lougheed Highway is expected to
address the illegal u-turns currently occurring on Kanaka Way as vehicles will now be able to
access 232 Street from Lougheed Highway.
ii) Parks Recreation and Culture Department:
Parkland needs for this development have been identified by Parks Recreation and Culture as
follows:
- 20 -
Due to the potential population being generated by this development, an active park space is
required on the Southern Portion of the site. A Central Park of approximately 0.4 hectare (one
acre) is being provided and improved by the developer to provide for the active park and
recreational needs of area residence (Appendix K).
Due to its isolation from the main site, a Tot Lot is required to be provided and improved by the
developer. The Tot Lot is being provided (Appendix L) as part of the 60 lot R-2 residential
subdivision on Lot H of the project.
An integrated pedestrian network consisting of nature and other trails interconnecting the site
and to adjacent developed lands, the municipal sidewalk system and new crosswalks for safe
connections across Lougheed Highway.
iii) License, Permits and Bylaws Department:
The Building Department has no comments at this time. The Geotechnical Report will be registered
on title and the grading plan will be assessed more closely at the subdivision stage for the single
residential subdivision and at the building permit stage for subsequent phases.
iv) Fire Department:
The Fire Department has been in conversation and review with the applicant over the details of the
access and roads widths that will service this new community. All dwelling and buildings will be
sprinklered and provided with access routes that meet the Fire Department’s requirements. Further
review will occur at the Building Permit stage.
8) School District No. 42 Comments:
Pursuant to Section 476 of the Local Government Act, consultation with School District No. 42 is
required at the time of preparing or amending the OCP. The following comments were received from
School District No. 42 on February 16, 2016 in response to the City’s referral:
The proposed amendment to the Official Community Plan would affect the student population for
the catchment area currently serviced by Golden Ears Elementary and Thomas Haney Secondary
School.
Golden Ears Elementary has an operating capacity of 526 students. For the 2015-16 school year
the student enrolment is 465 students (88.4% utilization) including 151 students from out of
catchment; and
Thomas Haney Secondary has an operating capacity of 1,200 students. For the 2015-16 school
year the student enrolment is 1,129 students (94.1% utilization) including 682 students from
out of catchment.
9) Intergovernmental Issues:
i) Local Government Act:
An amendment to the OCP requires the local government to consult with any affected parties and to
adopt related bylaws in compliance with the procedures outlined in Section 477 of the Local
Government Act. The amendment required for this application involving establishing a Commercial
for a Neighbourhood Commercial Centre and adjusting Conservation designation for ground-truthing,
is considered to be minor in nature. It has been determined that no additional consultation beyond
existing procedures is required, including referrals to the Board of the Regional District, the Council
of an adjacent municipality, First Nations, the School District or agencies of the Federal and
Provincial Governments.
- 21 -
The amendment has been reviewed with the Financial Plan/Capital Plan and the Waste
Management Plan of the Greater Vancouver Regional District and determined to have no impact.
CONCLUSION:
This development represents a significant addition to the City and will provide a significant number
of benefits. Some of these benefits include: at least 24 rental apartment units under a Housing
Agreement; a new neighbourhood park, significant CAC contributions, play field improvements; public
art; electrical charging stations; 20 acres of enhanced conservation land; about 350 new homes; a
new street light, walking trails, street upgrades in the area and a neighbourhood commercial centre.
Therefore, it is recommended that first and second reading be given to OCP Amending Bylaw No.
7331-2017, and Housing Agreement Bylaw No. 7332-2017, as well as second reading be given to
Zone Amending Bylaw No. 7183-2015, and that application 2015-297-RZ be forwarded to 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 E.C. Swabey”
_______________________________________________
Concurrence: E.C. Swabey
Chief Administrative Officer
The following appendices are attached hereto:
Appendix A – Subject Map
Appendix B – Ortho Map
Appendix C – OCP Amending Bylaw No. 7331-2017
Appendix D – Zone Amending Bylaw No. 7183-2015
Appendix E – 23070 Lougheed Highway Housing Agreement Bylaw No. 7332-2017
Appendix F – Draft No-Built Covenant
Appendix G – Conceptual Development Plan
Appendix H – Subdivision Plan for Area H
Appendix I – Subdivision Plan for Area A
Appendix J – Amenity Building
Appendix K – Central Park
Appendix L - Tot Lot
Appendix M – Architectural and Landscaping plans for first Phase Townhouse Project
- 22 -
Legal Descriptions
Lot 31 District Lots 402 and 403 Group 1 New Westminster District Plan 61595 (002-818-451)
Lot 32 District Lots 402 and 403 Group 1 New Westminster District Plan 61595 (002-818-477)
Lot 27 Except: Part on Statutory Right of Way Plan 71204; District Lot 403 Group 1 New
Westminster District Plan 44493 (007-476-621)
Lot 28 Except Part in Highway Plan 71204, District Lot 403 Group 1 New Westminster
District Plan 44493 (007-476-647)
Lot 29, Except: Part on Statutory Right Of Way Plan 71204, District Lot 403 Group 1 New
Westminster District Plan 44493 (007-476-655)
Lot 3 Section 16 Township 12 New Westminster District Plan 17222 (010-263-071)
Parcel "M" (Reference Plan 681) District Lot 403 Group 1 New Westminster District (012-
943-908)
Parcel "One" (Explanatory Plan 8328) of Parcel "J" (Reference Plan 3829) Except: Part on
Statutory Right of Way Plan 71204; District Lots 402 And 403 Group 1 New Westminster
District (012-944-157)
Parcel "D" (Reference Plan 1017) South West Quarter Section 16 Township 12 New
Westminster District (013-301-080)
Parcel "L" (Reference Plan 3957) of Parcel "J" (Reference Plan 3829), Except: Firstly : Part on
Statutory Right of Way Plan 4834; Secondly: Part Lying South of Road Shown on Statutory
Right of Way Plan 4834; Thirdly : Part on Statutory Right of Way Plan 71204; District Lots
402 and 403 Group 1 New Westminster District (014-508-397)
Part (.015 Acres Plan 3041) of Parcel J (Reference Plan 3829) District Lot 403 Group 1 New
Westminster District (023-360-488)
DATE: Oct 8, 2015FILE: 2015-297-RZ BY: PC
PLANNING DEPARTMENT´
Scale: 1:5,000
BC TRANSPORTATION PROPERTIESLegend
Stream
Ditch Centreline
Edge of River
Edge of Marsh
Indefinite Creek
River Centreline
Lake or Reservoir
Marsh
River
Major Rivers & Lakes
City of PittMeadows
District ofLangley District of MissionFRASER R.
^
DATE: Oct 8, 2015FILE: 2015-297-RZ BY: PC
PLANNING DEPARTMENT
City of Maple Ridge´
Scale: 1:5,000
BC TRANSPORTATION PROPERTIES(2011 IMAGERY)
CITY OF MAPLE RIDGE
BYLAW NO. 7331-2017
A Bylaw to amend the Official Community Plan Bylaw No. 7060-2014
_______________________________________________________________________________
WHEREAS Section 477 of the Local Government Act provides that the Council may revise the
Official Community Plan;
AND WHEREAS it is deemed expedient to amend Schedules "B" & "C" to the Official Community Plan;
NOW THEREFORE, the Municipal Council of the City of Maple Ridge, enacts as follows:
1. This Bylaw may be cited for all purposes as "Maple Ridge Official Community Plan Amending
Bylaw No. 7331-2017.
2. That Chapter 6 Employment Section 6.3.6 Neighbourhood Commercial Centres Designations
is amended by adding the following sentence at the end of the first point under Issues:
The property designated on the south side of the Lougheed Highway between 116 Avenue
and the Haney Bypass/Kanaka Way is suitable for development as a neighbourhood
commercial centre with rental housing.
3. Schedule "B" is hereby amended for that parcel or tract of land and premises known and
described as:
Lot 31 District Lots 402 and 403 Group 1 New Westminster District Plan 61595
(002-818-451);
Lot 32 District Lots 402 and 403 Group 1 New Westminster District Plan 61595;
(002-818-477); and
Parcel "L" (Reference Plan 3957) of Parcel "J" (Reference Plan 3829), Except: Firstly :
Part on Statutory Right of Way Plan 4834; Secondly: Part Lying South of Road Shown
on Statutory Right of Way Plan 4834; Thirdly : Part on Statutory Right of Way Plan
71204; District Lots 402 and 403 Group 1 New Westminster District (014-508-397)
and on Map No. 942, a copy of which is attached hereto and forms part of this Bylaw, is
hereby designated/amended as shown.
4. Schedule “C” is hereby amended for that parcel or tract of land and premises known and
described as:
Lot 31 District Lots 402 and 403 Group 1 New Westminster District Plan 61595
(002-818-451)
Lot 32 District Lots 402 and 403 Group 1 New Westminster District Plan 61595
(002-818-477)
Lot 27 Except: Part on Statutory Right of Way Plan 71204; District Lot 403 Group 1
New Westminster District Plan 44493 (007-476-621)
Lot 28 Except Part in Highway Plan 71204, District Lot 403 Group 1 New
Westminster District Plan 44493 (007-476-647)
Lot 29, Except: Part on Statutory Right Of Way Plan 71204, District Lot 403 Group 1
New Westminster District Plan 44493 (007-476-655)
Lot 3 Section 16 Township 12 New Westminster District Plan 17222 (010-263-071)
Parcel "M" (Reference Plan 681) District Lot 403 Group 1 New Westminster District
(012-943-908)
Parcel "One" (Explanatory Plan 8328) of Parcel "J" (Reference Plan 3829) Except:
Part on Statutory Right of Way Plan 71204; District Lots 402 And 403 Group 1 New
Westminster District (012-944-157)
Parcel "D" (Reference Plan 1017) South West Quarter Section 16 Township 12 New
Westminster District (013-301-080)
Parcel "L" (Reference Plan 3957) of Parcel "J" (Reference Plan 3829), Except: Firstly :
Part on Statutory Right of Way Plan 4834; Secondly: Part Lying South of Road Shown
on Statutory Right of Way Plan 4834; Thirdly : Part on Statutory Right of Way Plan
71204; District Lots 402 and 403 Group 1 New Westminster District (014-508-397)
and
Part (.015 Acres Plan 3041) of Parcel J (Reference Plan 3829) District Lot 403
Group 1 New Westminster District (023-360-488)
and outlined in heavy black line on Map No. 943, a copy of which is attached hereto and
forms part of this Bylaw, is hereby amended by adding and removing Conservation as shown.
4. Maple Ridge Official Community Plan Bylaw No. 7060-2014 is hereby amended accordingly.
READ a first time the 23rd day of May, 2017.
READ a second time the 23rd day of May, 2017.
PUBLIC HEARING held the day of , 20
READ a third time the day of , 20
ADOPTED the day of ,20 .
___________________________________ _____________________________
PRESIDING MEMBER CORPORATE OFFICER
TELOSKY AVE.
O
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233A ST.A
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TEL
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A
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.COTTONWO OD DR.232 ST.11
3
113 AVE.HARRISON ST.KANAKA WAY232 ST.114A AVE.
CRES
116 AVE.
113 AVE.
PL.
LO
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ROADGILLI
S228 ST.230 ST.BURNETT ST.COTTONWO OD DR.HARRISON ST.FISHER ST.114A AV
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´SCALE 1:6,000
MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No. Map No. From:
To:
Conservation and Urban Residential
7331-2017942
Urban ResidentialCommercial ConservationPark
TELOSKY AVE.
O
L
U
N
D
233A ST.A
V
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TEL
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K
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A
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.COTTONWO OD DR.232 ST.11
3
113 AVE.HARRISON ST.KANAKA WAY232 ST.114A AVE.
CRES
116 AVE.
113 AVE.
PL.
LO
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S228 ST.230 ST.BURNETT ST.COTTONWO OD DR.HARRISON ST.FISHER ST.114A
A
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S
S 232 ST.LO
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´SCALE 1:6,000
MAPLE RIDGE OFFICIAL COMMUNITY PLAN AMENDINGBylaw No. 7331-2017Map No. 943Purpose: To Amend Schedule C as shown
To Remove from Conservation To Add To Conservation
CITY OF MAPLE RIDGE
BYLAW NO. 7183-2015
A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 - 1985 as amended
______________________________________________________________________________
WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510-1985 as amended;
NOW THEREFORE, the Municipal Council of the City of Maple Ridge enacts as follows:
1. This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 7183-2015."
2. PART 7 COMMERCIAL ZONES, SECTION 701 NEIGHBOURHOOD COMMERCIAL: C-1, SUB-
SECTION 1. PERMITTED PRINCIPAL USES is amended by adding the new clause i) as follows:
i) The following uses are permitted specific to the area outlined in heavy black line on
Schedule “A” a copy of which is attached hereto and forms part of this Bylaw:
i. Apartment Use;
ii. Assembly, including Daycare;
iii. Business Services;
iv. Civic;
v. Financial Services;
vi. Indoor Commercial Recreation;
vii. Liquor Primary Establishments;
viii. Professional Services; and
ix. Retail Sales, excluding Highway Commercial Use.
3. PART 7 COMMERCIAL ZONES, SECTION 701 NEIGHBOURHOOD COMMERCIAL: C-1, SUB-
SECTION 8. OTHER REGULATIONS is amended by adding the new Section following section
numbered sequentially as follows:
Notwithstanding the regulations contained in this part, the area outlined in heavy
black line on Schedule “A” a copy of which is attached hereto and forms part of this
Bylaw, the following regulations apply:
i. Lot coverage of all buildings and structures shall not exceed 50%;
ii. No building or structure shall exceed a height of 12.0 metres or 3 storeys;
iii. Subject to Section 403 (7) Visual Clearance at Intersections, no building or
structure hall be sited less than 3.0 metres from any lot line;
iv. The gross floor area of:
(a) all principal buildings and structures together shall not exceed 3,350 square
metres; and
(b) all ground floor commercial uses shall not exceed 1,093 square metres;
v. Apartment residential use:
(c) shall be limited exclusively to the storeys above the first storey;
(d) shall be the only use in a storey so used;
(e) shall be located within a building above all storeys which are used for a non-
residential principal use;
(f) shall have separate and independent access;
(g) shall provide indoor amenity space in the amount of 3.0 square metres per
unit; and
2
(h) may have associated non-habitable spaces, including lobbies, meeting
rooms, amenity areas, bicycle and other storage areas, on the first storey or
underground.
4. Those parcel (s) or tract (s) of land and premises known and described as:
Lot 31 District Lots 402 and 403 Group 1 New Westminster District Plan 61595
(002-818-451)
Lot 32 District Lots 402 and 403 Group 1 New Westminster District Plan 61595
(002-818-477)
Lot 27 Except: Part on Statutory Right of Way Plan 71204; District Lot 403 Group 1
New Westminster District Plan 44493 (007-476-621)
Lot 28 Except Part in Highway Plan 71204, District Lot 403 Group 1 New
Westminster District Plan 44493 (007-476-647)
Lot 29, Except: Part on Statutory Right Of Way Plan 71204, District Lot 403 Group 1
New Westminster District Plan 44493 (007-476-655)
Lot 3 Section 16 Township 12 New Westminster District Plan 17222 (010-263-071)
Parcel "M" (Reference Plan 681) District Lot 403 Group 1 New Westminster District
(012-943-908)
Parcel "One" (Explanatory Plan 8328) of Parcel "J" (Reference Plan 3829) Except:
Part on Statutory Right of Way Plan 71204; District Lots 402 And 403 Group 1 New
Westminster District (012-944-157)
Parcel "D" (Reference Plan 1017) South West Quarter Section 16 Township 12 New
Westminster District (013-301-080)
Parcel "L" (Reference Plan 3957) of Parcel "J" (Reference Plan 3829), Except: Firstly :
Part on Statutory Right of Way Plan 4834; Secondly: Part Lying South of Road Shown
on Statutory Right of Way Plan 4834; Thirdly : Part on Statutory Right of Way Plan
71204; District Lots 402 and 403 Group 1 New Westminster District (014-508-397)
Part (.015 Acres Plan 3041) of Parcel J (Reference Plan 3829) District Lot 403 Group
1 New Westminster District (023-360-488)
and outlined in heavy black line on Map No. 1649 a copy of which is attached hereto and
forms part of this Bylaw, are hereby rezoned to R-2 (Urban Residential District), RM-1
(Townhouse Residential), P-1 (Park & School) and C-1 (Neighbourhhood Commercial); and
3
5. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are
hereby amended accordingly.
READ a first time the 24th day of November, 2015.
READ a second time the 23rd day of May, 2017.
PUBLIC HEARING held the day of , 20
READ a third time the day of , 20
APPROVED by the Ministry of Transportation and Infrastructure this day of
, 20
ADOPTED the day of , 20
_____________________________ ____________________________
PRESIDING MEMBER CORPORATE OFFICER
DATE: May 10, 2017Shcedule A BY: DT
PLANNING DEPARTMENT
TELOSKY AVE.OLUN
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Scale: 1:3,500
Bylaw No. 7183-2015Schedule "A"
C-1 (Neighbourhood Commercial)
TELOSKY AVE.
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233A ST.A
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TEL
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CRES
116 AVE.
113 AVE.
PL.
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232 ST.LO
UGH
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HANEY
B
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P
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S
S
KANAKA WAY
´SCALE 1:6,000
MAPLE RIDGE ZONE AMENDINGBylaw No. Map No. From:
To:
RS-3 (One Family Rural Residential)
RM-1 (Townhouse Residential) R-2 (Urban Residential District)
7183-20151649
C-1 (Neighbourhood Commercial)P-1 (Park and School)
CITY OF MAPLE RIDGE
BYLAW NO. 7332-2017
A Bylaw to authorize the City of Maple Ridge to enter into a Housing Agreement for
23070 Lougheed Highway
WHEREAS, pursuant to Section 483 of the Local Government Act, R.S.B.C 1996, c. 323, as
amended, Council may, by bylaw, enter into a housing agreement under that Section;
AND WHEREAS, Council and Polygon Development 309 Ltd. wish to enter into a housing
agreement for the subject property at about 23070 Lougheed Highway;
NOW THEREFORE, the Municipal Council of the City of Maple Ridge, in open meeting
assembled, ENACTS AS FOLLOWS:
1.This Bylaw may be cited as “23070 Lougheed Highway Housing Agreement Bylaw No.
7332-2017”.
2.By this Bylaw Council authorizes the City to enter into a housing agreement with
Polygon Development 309 Ltd. in respect to the following land:
Lot 31 District Lots 402 and 403 Group 1 New Westminster District Plan 61595 (002-
818-451);
Lot 32 District Lots 402 and 403 Group 1 New Westminster District Plan 61595; (002-
818-477); and
Parcel "L" (Reference Plan 3957) of Parcel "J" (Reference Plan 3829), Except: Firstly :
Part on Statutory Right of Way Plan 4834; Secondly: Part Lying South of Road Shown
on Statutory Right of Way Plan 4834; Thirdly : Part on Statutory Right of Way Plan
71204; District Lots 402 and 403 Group 1 New Westminster District (014-508-397)
3.The Mayor and Corporate Officer are authorized to execute the housing agreement and
all incidental instruments on behalf of the City of Maple Ridge.
4.Schedule “1”, attached to this Bylaw, is incorporated into and forms part of this
Bylaw.
APPENDIX E
5. This bylaw shall take effect as of the date of adoption hereof.
READ a first time the ___ day of ____________, 20__.
READ a second time the ___ day of ____________, 20__.
READ a third time the ___ day of ____________, 20__.
ADOPTED the ___ day of __________, 20__.
-
_____________________________ ____________________________
PRESIDING MEMBER CORPORATE OFFICER
Schedule “1”
2015 - 297 – RZ Rental and Adaptive Units Only [Housing Agreement] THIS AGREEMENT dated for reference the ____ day of ______, 2017
BETWEEN:
LAWYER TO PROVIDE
(hereinafter called the "Covenantor") OF THE FIRST PART AND:
THE CITY OF MAPLE RIDGE, a Municipal Corporation under the Local Government Act,
Chapter 290 of the Revised Statutes of British Columbia, 1979, having its municipal offices at 11995 Haney Place, in the City of Maple Ridge, in the Province of British Columbia (V2X 6A9)
(hereinafter called the "City")
OF THE SECOND PART WHEREAS:
A. The Covenantor is the registered owner of or has an equity of redemption in certain lands situate in the City of Maple Ridge in the Province of British Columbia, and more
particularly known and described as:
LAWYER TO PROVIDE
(hereinafter called the "Lands")
B. The City wishes to provide a range of housing options within its jurisdiction.
C. The Covenantor proposes to provide a minimum of 24 apartment dwelling units as rental housing, of which a minimum of one-third will also be adaptive housing for aging in place in accordance with the SaferHome Standards, attached as Schedule A, and in
accordance with Section 3.8.5 Adaptive Dwelling Units of the British Columbia Building
Code, as amended.
D. The Covenantor and the City wish to enter into this Agreement to restrict the use of housing units to be constructed on the Lands, on the terms and conditions of this Agreement, to have effect as both a covenant under section 219 of the Land Title Act and a housing agreement under section 483 of the Local Government Act.
E. The City has adopted a bylaw under Section 483 of the Local Government Act to authorize this Agreement as a housing agreement.
NOW THEREFORE in consideration of the premises and the covenants herein
contained, the payment of the sum of One Dollar ($1.00) paid by the City to the Covenantor, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree, pursuant to section 905 of the Local
Government Act and section 219 of the Land Title Act (British Columbia) as follows:
Definitions
1. In this Agreement:
(a) “Dwelling Units” means all residential dwelling units located or to be located on the Lands whether those dwelling units are lots or parcels, or parts or portions
thereof, into which ownership or right of possession or occupation of the Lands may be subdivided (hereinafter defined) and includes single family detached dwellings, duplexes, townhouses, auxiliary residential dwelling units, rental
apartments and strata lots in a building strata plan;
(b) “Lands” means the land described in Item 2 of the General Instrument - Part 1 and any part, including a building or a portion of a building, into which said land
is subdivided;
(c) “Subdivide” means to divide, apportion, consolidate or subdivide the Land, or the ownership or right to possession or occupation of the Land into two or more
lots, parcels, parts, portions or shares, whether by plan, descriptive words or otherwise, under the Land Title Act, or otherwise, and includes the creation, conversion, organization or development of “cooperative units” or “shared
interest in land” as defined in the Real Estate Act;
(d) “Adaptive Housing” means dwelling units designed and built in compliance with the SaferHome Standards, attached as Schedule A, and in accordance with
Section 3.8.5 Adaptive Dwelling Units of the British Columbia Building Code.
Use and Occupancy Restrictions
2. All Dwelling Units on the Lands, shall only be used to provide rental accommodation and shall remain as rental accommodation in perpetuity.
3. All Dwelling Units on the Lands, shall be rented only on a month to month basis or under a residential tenancy agreement having a fixed term not exceeding three years, including any rights of renewal. 4. No Dwelling Unit may be occupied except by an individual who occupies pursuant to a rental agreement established in section 3.
Adaptive Housing Units
5. A minimum of one third (1/3) of all the Dwelling Units on the Lands shall be designed as adaptive dwelling units in compliance with the SaferHome Standards, attached as Schedule A, and in accordance with Section 3.8.5 Adaptive Dwelling Units of the British Columbia Building Code.
Unit Mix
6. The following mix of units shall to be provided:
(a) 42% (a minimum of 10 units) one bedroom units; (b) 25% (minimum 6 units) two bedroom units; and (c) 33% (minimum 8 units) of three bedroom units. 7. Minor adjustment to the mix may be requested in writing and approved by the Director of
Planning or their delegate Subdivision Restrictions 8. The Lands shall not be Subdivided, except by means of a strata plan under the Strata Property Act that includes all of the Dwelling Units within a single strata lot.
Notice to Buyers
9. The Covenantor will provide notice of this Agreement to any person or persons intending to purchase a Dwelling Unit prior to any person entering into an agreement of purchase and sale, agreement for sale, or option or similar right to purchase. Strata Bylaws 10. The initial bylaws of the strata corporation formed upon the subdivision of the Lands under the Strata Property Act shall not prevent, restrict or abridge any of the Rental Dwelling Units on the Lands from being used as rental accommodation. 11. This Agreement shall be binding upon all strata corporations. Any strata corporation bylaw or rule which prevents, restricts or abridges the right to use any of the Dwelling Units as rental accommodations shall have no force or effect.
12. The Owner Developer or the Strata Corporation shall not pass any bylaw or establish a rule preventing, restricting or abridging any of the Rental Dwelling Units on the Lands from being used as rental accommodation.
Voting
13. No Strata Unit owner, nor any tenant or mortgagee thereof, shall vote for any strata
corporation bylaw purporting to prevent, restrict or abridge any of the Rental Dwelling Units on the Lands from being used as rental accommodation.
Specific Performance 14. The Covenantor agrees that because of the public interest in ensuring that all of the
matters described in this Agreement are complied with, the public interest strongly favours the award of a prohibitory or mandatory injunction, or an order for specific performance or other specific relief, by the Supreme Court of British Columbia at the instance of the City, in the event of an actual or threatened breach of this Agreement.
Notice of Housing Agreement
8. For clarity, the Covenantor acknowledges and agrees that: (a) this Agreement constitutes both a covenant under section 219 of the Land Title
Act and a housing agreement entered into under section 905 of the Local
Government Act;
(b) the City is required to file a notice of housing agreement in the Land Title Office
against title to the Lands; and (c) once such a notice is filed, this Agreement binds all persons who acquire an interest in the Lands as a housing agreement under section 905 of the Local
Government Act.
No Obligation to Enforce
9. The rights given to the City by this Agreement are permissive only and nothing in this Agreement imposes any legal duty of any kind on the City to anyone, or obliges the City to enforce this Agreement, to perform any act or to incur any expense in respect of this Agreement.
No Effect on Laws or Powers
10. This Agreement does not: (a) affect or limit the discretion, rights duties or powers of the City or the approving officer for the City under the common law or any statute, bylaw or other enactment nor does this Agreement date or give rise to, nor do the parties intend
this Agreement to create, any implied obligations concerning such discretionary rights, duties or powers; (b) affect or limit the common law or any statute, bylaw or other enactment
applying to the Lands; or (c) relieve the owner from complying with any common law or any statute, regulation, bylaw or other enactment.
Indemnity 11. The Covenantor hereby releases the City, and indemnifies and saves the City harmless,
from and against any and all actions, causes of actions, suits, claims (including claims for injurious affection), cost (including legal fees and disbursements), expenses, debts, demands, losses (including economic loss) and liabilities of whatsoever kind arising out
of or in any way due or relating to the granting or existence of this Agreement, the restrictions or obligations contained in this Agreement or the performance or non-performance by the Covenantor of this Agreement that the City is or may become liable for, incur or suffer.
Priority
12. The Covenantor will do everything necessary, at the Covenantor’s expense, to ensure that this Agreement is registered against title to the Lands in priority to all liens, charges and encumbrances registered or pending registration against title to the Lands, save and except those specifically approved in writing by the City and those in favour of the City.
Waiver
13. An alleged waiver of any breach of this Agreement is effective only if it is an express waiver in writing of the breach. A waiver of a breach of this Agreement does not operate as a wavier of any other breach of this Agreement.
Interpretation
14. In this Agreement: (a) reference to the singular includes a reference to the plural, and vice versa,
unless the context requires otherwise; (b) reference to a particular numbered section or article, or to a particular lettered Schedule, is a reference to the correspondingly numbered or lettered article,
section or Schedule of this Agreement; (c) article and section headings have been inserted for ease of reference only and are not to be used in interpreting this Agreement; (d) the word “enactment” has the meaning given to it in the Interpretation Act (British Columbia) on the reference date of this Agreement;
(e) reference to any enactment is a reference to that enactment as consolidated, revised, amended, re-enacted or replace, unless otherwise expressly provided; (f) reference to “party” or the “parties” is a reference to a party, or the parties, to this
Agreement and their respective successors, assigns, trustees, administrators and receivers; (g) time is of the essence; and
(h) reference to a “day”, “month” or “year” is a reference to a calendar day, calendar month, or calendar year unless otherwise expressly provided. Further Acts
15. The Covenantor will do everything reasonably necessary to give effect to the intent of this Agreement, including execution of further instruments.
Severance 16. If any part of this Agreement is held to be invalid, illegal or unenforceable by a court
having the jurisdiction to do so, that part is to be considered to have been severed from the rest of this Agreement and the rest of this Agreement remains in force unaffected by that holding or by the severance of that part.
No Other Agreements 17. This Agreement is the entire agreement between the parties regarding its subject and it
terminates and supersedes all other agreements and arrangements regarding its subject.
Enurement
18. This Agreement binds the parties to it and their respective successors, heirs, executors and administrators.
Deed and Contract
19. By executing and delivering this Agreement each of the parties intends to create both a contract and a deed executed and delivered under seal.
______________________
. by its authorized signatories
________________________________ ________________________________
THE CORPORATE SEAL OF THE CORPORATION OF THE CITY OF MAPLE RIDGE was hereto affixed in the presence of:
________________________________ MAYOR
________________________________ CORPORATE OFFICER
In Amanda
Schedule “A”
The SAFERhome Standards Criteria For Multi-Family Attached 1. All exterior thresholds are flush.
2. Interior thresholds meet minimal code constraints.
3. Bath and shower controls off set from centre, roughly 1/2 way between the historic centre location and the outside edge of the shower or tub enclosure.
4. Pressure/temperature control valves on all shower faucets .
5. 2"x12" block lumber in all washroom tub, shower, and toilet locations.
6. Waste pipes brought in at 12-14" to the centre of the pipe from floor level.
7. Cabinets underneath sinks easily removable.
8. Doors a minimum of 34" wide but should ideally be 36".
9. Hallways and stairways a minimum of 40" wide but should ideally be 42" wide, passage ways and pinch points like doors should be 36".
10. Light switches 42" to the centre of the electrical box from the finished floor.
11. Receptacles 18" to the centre of the electrical box from the finished floor.
12. Electrical receptacles placed as follows:
- Beside windows, especially where draperies or blinds may be installed.
- Top and bottom of stairways
- Beside the toilet
- Above external doors (outside and inside) - On front face of kitchen counter
- At Node Zero Location (the communications control centre for smart home options) where all the house wiring meets in one place.
13. Larger grey electrical boxes utilized .
14. Four-plex receptacles in master bedroom, home office.
15. Level 5 (4 pair) telephone pre-wire to all areas returning to one central area (Node Zero).
16. RG-6 coaxial cable runs returning to one central area (Node Zero).
17. All low-voltage runs returning to one central area (Node Zero).
18. Walls at the top of stairs reinforced with 2"x12" at 36" to centre.
19. Either: allowance made for elevator in stacked closets or make the staircase 42" wide.
Source: saferhome_manual_final_2009-11-12
TERMS OF INSTRUMENT – PART 2
SECTION 219 COVENANT – NO BUILD
2015-297-RZ
THIS AGREEMENT dated for reference the ______ day of __________, 2017 is
BETWEEN:
POLYGON DEVELOPMENT 309 LTD.
900 – 1333 West Broadway Vancouver, British Columbia, V6C 3R8
(the “Covenantor”)
AND:
CITY OF MAPLE RIDGE
11995 Haney Place
Maple Ridge, British Columbia, V2X 6A9
(the “City”)
WHEREAS:
A.The Covenantor is the registered owner in fee simple of certain lands in the Cityof Maple Ridge, British Columbia which are legally described in Item 2 of the
Land Title Act (British Columbia) Form C to which these terms are attached and
which forms part of this Agreement (the “Lands”).
B.The Covenantor is the registered owner in fee simple of certain lands in the City
of Maple Ridge, British Columbia which are legally described as:
PID: NPA
Lot A District Lots 402 and 403 Group 1 New Westminster District
Plan EPP________;
PID: NPA
Lot B District Lots 402 and 403 Group 1 New Westminster DistrictPlan EPP________;
PID: NPA
Lot C District Lots 402 and 403 Group 1 New Westminster District
Plan EPP________;
PID: NPALot H District Lots 402 and 403 Group 1 New Westminster District
Plan EPP________; and
APPENDIX F
PID: NPA Lot I District Lots 402 and 403 Group 1 New Westminster District Plan EPP________,
(the “Adjacent Lands”)
C. The Covenantor wishes to construct certain a number residential and mixed use
developments on the Lands and the Adjacent Lands which developments will be constructed in two phases.
D. The developments on the Lands will be the second phase of the overall
development and will be designed generally in accordance with the
supplementary design guidelines (the “Design Guidelines”) attached as
Schedule “A” hereto.
E. Section 219 of the Land Title Act provides, inter alia, that a covenant, whether of
a negative or positive nature, may be registered as a charge against the title to
the land, in favour of the municipality or the Crown, and that the covenant is
enforceable against the Covenantor and the successors in title of the
Covenantor.
F. A covenant under Section 219 of the Land Title Act may include provisions in
respect of the use of land, the use of a building on or to be erected on lands; that
land is to be built on in accordance with the covenant, is not to be built on except
in accordance with that covenant or is not to be built on; that land is not to be
subdivided unless in accordance with the covenant or is not to be subdivided.
G. The Covenantor agrees to the restrictions in the use of the Lands on the terms and conditions herein provided for.
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT pursuant to Section 219
of the Land Title Act, and in consideration of the premises, the mutual covenants and
agreements contained herein and other good and valuable consideration and the sum
of One Dollar ($1.00) now paid by the City to the Covenantor (the receipt and sufficiency whereof is hereby acknowledged), the parties hereto covenant and agree
that the Lands shall not be used or built on except in accordance with this Covenant as
follows:
1. THE COVENANTOR COVENANTS AND AGREES with the City that:
a) the Design Guidelines set out the conceptual layout and phasing of all
development on the Lands and the Adjacent Lands;
b) no construction of, additions to or alterations in any manner to any building(s), structure(s) or dwelling(s) shall be permitted other than that
approved in writing by the City, whether such building(s), structure(s) or
dwelling(s) are sited on the Lands at the time of entering into this
Agreement or proposed as new building(s), structure(s) or dwelling(s) after
the time of entering into this Agreement until such time as the City has issued a development permit for the Lands; and
c) the Covenantor shall not sell, transfer, convey, assign or lease any part of
its interest in the Lands or any portion thereof until the Covenantor
provides notice (whether written or otherwise) to each prospective purchaser, purchaser or lessee thereof, as the case may be, of the terms and conditions herein provided for.
2. IT IS MUTUALLY UNDERSTOOD, agreed and declared by and between the
parties hereto that: a) nothing contained or implied herein shall in any way restrict or abrogate
and shall not be deemed to restrict or abrogate, the rights and powers of
the City in the exercise of its functions under any public and private
statutes, by-laws, orders and regulations, in its absolute discretion, and in
accordance with its lawful powers and duties;
b) the burden of the covenants herein provided for shall run with the Lands
and will be personal and binding upon the Covenantor during the
Covenantor’s seisen of or ownership of any interest in the Lands;
c) notwithstanding anything to the contrary, the Covenantor shall not be
liable under any breach of any covenants and agreements contained
herein after the Covenantor ceases to have any further interest in the
Lands;
d) the Covenantor will deliver, after execution hereof, this Agreement to the
City in a form acceptable as a Section 219 Covenant and concurrently
such instruments of priority as may be necessary to give this Agreement
priority over all financial charges and encumbrances which may have
been registered against the title to the Lands at the time of submitting this Agreement for registration in the applicable Land Title Office, save and
except those specifically approved in writing by the City or in favour of the
City;
e) the fee simple estate in and to the Lands will not pass or vest in the City under or by virtue of these presents and the Covenantor may fully use and
enjoy the Lands except only for the requirements provided for in this
Agreement;
f) the Covenantor and its successors and assigns shall at all times indemnify and save harmless the City from and against all claims, demands, actions,
suits, loss, costs, fines, penalties, charges, damages and expenses
including legal fees and litigation expenses whatsoever which the City
may incur, suffer or be put to arising out of or in connection with any
breach of any covenant or agreement on the part of the Covenantor
contained in this Agreement; g) the covenants and agreements on the part of the Covenantor and herein
provided for have been made by the Covenantor as contractual
obligations as well as having been made pursuant to Section 219 and as
such will be binding on the Covenantor; h) nothing herein provided for shall be deemed to constitute waivers of any
lawful requirements with which the Covenantor would otherwise be
obligated to comply with;
i) no amendment of, addition to, or discharge of this Agreement shall be binding upon the parties hereto unless it is in writing and executed by the
parties hereto;
j) if any provision provided for in this Agreement is for any reason held to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision of this Agreement which
shall be construed as if such invalid, illegal, or unenforceable provisions
had never been contained therein and such other provisions shall be
enforceable to the fullest extent permitted by law;
k) the City, in addition to its rights under this Agreement or at law, will be
entitled to all equitable remedies, including specific performance,
injunction and/or declaratory relief, to enforce its rights under this
Agreement;
l) the Covenantor shall pay for the preparation and registration, if applicable,
of this Agreement together with any concurrent instruments of priority as
herein provided for and any amendment, addition or discharge thereof;
m) wherever the singular, masculine or neuter is used herein, the same shall be construed as meaning the plural, feminine or the body corporate or
politic according to the context in which it is used;
n) the parties hereto shall do and cause to be done all things and execute
and cause to be executed all documents which may be necessary to give proper effect to the intention of this Agreement;
o) this Agreement shall enure to the benefit of and be binding upon the
Covenantor, the City and their respective successors and assigns; and
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the
day, month and year first above written.
Schedule “A”
Design Guidelines
Updated May 5 2017 SUPPLEMENTARY DESIGN GUIDELINES
Introduction
The goal of this master-planned community (See Figure 1 subject map) is to create a
vibrant, legible, complete village with a variety of housing choices, an active and safe
pedestrian realm, a suite of amenities, and a neighbourhood commercial facility.
Towards that end, these design guidelines are focused on creating a harmonious whole
of the three townhome communities and one mixed-use building making up the village.
The development concept these guidelines support is shown in the Figure 2. At the time
of rezoning, the site was subject to concurrent Development Permit approval for the
initial townhouse phase on Lots B+I. The subsequent townhouse phase on Lot E and
the commercial village on Lot C would be subject to subsequent Development Permit
applications.
The purpose of these supplementary guidelines is as follows:
1. To govern the subsequent townhouse and commercial phases to insure the
comprehensive nature of the design intent, layout and pedestrian connectivity is
achieved; and
2. To supplement and augment the guidelines governing the development of both
townhouse and the commercial phase with the applicable Development Permit
Area Guidelines contained in the Maple Ridge Official Community Plan:
a. 8.5 Commercial Development Permit Area Guidelines for the commercial
phase; and
b. 8.7 Multi-Family Development Permit Area Guidelines for the townhouse
phases.
The review process for Multiple Residential and Commercial Development Permits
includes submission to the Advisory Design Panel (ADP). The submission of each
phase for ADP review is to include an assessment against these Supplementary
Guidelines to insure the overall concept as well as the Guidelines contained herein are
carried through, coordinated and achieved in each phase.
This project is proposed to be developed over a period of time. The Director of Planning
or their designate may upon written request consider minor changes to these guidelines
consistent with the objects of the proposed master planned community and better
attainment of the guidelines contained herein.
1.0 Site plan
1.1 Follow Natural Topography
1.1.1 The site features a spectacular natural landform – a promontory
jutting from NW to SE towards the Fraser River.
1.1.2 This dramatic feature is to be celebrated, not destroyed, and sites
will be planned to avoid large-scale regrading.
1.1.3 Some regrading is unavoidable, but in general cutting and filling is to
be kept to the minimum necessary to make a site viable.
1.2 Doors on the Street
1.2.1 Frontages along the Municipal Road will have front yards with doors
opening to the street, where grading permits.
1.2.2 Appropriate unit types for this condition will feature inhabited space
on the level with the front door, not just garage.
1.3 Pedestrian Byways
1.3.1 Each site is to be planned with pedestrian and cycle permeability in
mind, substantially in accordance with Figure 2.
1.3.2 Pathways and trails should criss-cross each site as much as
possible, linking constructed and natural features together into a
comprehensive network.
1.3.3 The pedestrian and cycle path network is to be developed in lieu of
sidewalks on the strata roads
1.4 Crime Prevention Through Environmental Design (CPTED)
1.4.1 Residential units will be configured to ensure maximum “eyes on the
street”.
1.4.2 Formal landscaped areas will be provided with sufficient illumination
(natural landscaped areas will not be bound by this requirement to
avoid despoiling their natural beauty).
1.4.3 Open spaces will be designed to avoid dark spots and concealed
areas.
1.5 Common Amenity Building
1.5.1 An amenity clubhouse containing a fitness studio, great room,
multipurpose room and two (2) guest suites will be constructed on
Lot E in the second phase of the project, as shown in Figure 2.
2.0 Open Space
2.1 Hierarchy of Open Spaces
2.1.1 Three orders of open space will be incorporated into the plan:
community-wide parks, central greens, and planted mews
2.2 First Order: Public Parks
2.2.1 The Active Public Park on Lot D and the “Tot Lot” on Lot H are for
the enjoyment of the general public.
2.3 Second Order: Central Greens located near the entries on Lots B+E.
2.3.1 Central Greens are smaller and more intimate and contain
functionality important for the day-to-day life of each community –
mail kiosks, visitor parking, etc.
2.4 Third Order: Planted Mews
2.4.1 Planted mews are to be deployed where topography permits, and
create linear green spaces lined on either side with front yards and
main entries to homes .
2.5 Nature trails
2.5.1 A series of nature trails through the adjacent ESA’s will be
incorporated into the overall site plan.
2.5.2 Onsite connections to the nature trails shall be provided that link
them seamlessly into the pedestrian realm of each project.
2.5.3 The conceptual trail system is shown in Figure 3.
2.6 Interconnectivity
2.6.1 Further to guideline 1.3 above, the onsite pedestrian byways and
nature trail system are meant to create a comprehensive,
interconnected network through the site, across Lougheed Highway
and to the adjacent neighourhoods and school facilities.
2.6.2 At the SE of the site, a Right of Way has been provided for the
future construction of a pedestrian and cycle flyover of the Haney
Bypass, providing access to Kanaka Park and the Fraser River. At
such time as it is built, this shall be integrated seamlessly into the
public nature trail system.
2.7 Common Amenity Outdoor Space
2.7.1 The Clubhouse from guideline 1.5 above, will have an outdoor
component consisting of a pool and hot tub, an outdoor seating
terrace and a barbecue.
2.8 Commercial/Rental Building Amenity Space
2.8.1 A south-facing plaza will be provided that offers outdoor seating,
which can be used in conjunction with a restaurant or café.
3.0 Architectural Character
3.1 Styles
3.1.1 The overall character of the development is to be “Craftsman,”
employing cedar (or cementitious) shingles as the principal material.
3.1.2 Each community is to have a distinctive variation of this style, with
elements of Arts and Crafts, Heritage Farmhouse, Queen Anne and
Contemporary Tudor all being acceptable influences.
3.2 Materials
3.2.1 The main materials for all the communities will be shingles and
cementitious board.
3.2.2 Other acceptable materials include: vinyl, wood, brick, stucco and
cultured stone
3.3 Colours
3.3.1 Each community will have a restrained colour palette in earth tones,
with punches of brighter colours for emphasis.
3.4 Common Amenity Building
3.4.1 The common amenity building will utilize a similar architectural style
as the townhomes, so as to bear a familial resemblance to them.
3.5 Commercial/Rental Building
3.5.1 The commercial/rental building will also be built in a similar style so
that the whole complex hangs together. However, the style needs to
be adapted to support the commercial usage.
3.5.2 In particular, the commercial/rental building and clubhouse will be
designed so as to be legible as a village core precinct at the entry to
the project.
4.0 Form and Massing
4.1 Forms Appropriate for Natural Topography
4.1.1 The topography shall determine the type of unit plan, rather than the
other way around.
4.1.2 Homes with raised back yards will be used on steep slopes with a
roadway on the low side.
4.1.3 Downhill homes with parking on the second level will be used on
steep slopes with a roadway on the uphill side.
4.1.4 Various types of homes may be deployed on more modest slopes
4.2 Measures to Minimize Mass
4.2.1 Along the interface with single family neighbourhoods, strategies
should be deployed to minimize the three-storey building mass
including: raised yards, end elevations facing single family, and low
slope roofs.
4.3 Roof slopes
4.3.1 All buildings will have sloping roofs to ensure harmony of forms; no
flat roofs will be incorporated on the main roofs, but can be used on
bays.
4.3.2 Roof slopes are to be between 3:12 and 8:12.
4.4 Roof overhangs
4.4.1 All two and three storey walls will have a minimum roof overhang of
2 ft (24”).
4.5 Front porches
4.5.1 Where homes have front yards, front porches will be incorporated to
ensure opportunities for neighbourly interaction.
4.6 Commercial/Rental Building and Common Amenity Building
4.6.1 These two buildings will be three storeys and designed in harmony
with one another so as create a legible village core.
5.0 Landscape Character
5.1 Monument Signs
5.1.1 Monument signs in stone or brick will be near the entry of each
project and will announce the project’s name and address.
5.1.2 These monuments may include such other elements as: lighting,
water features, trellises, seating areas and plantings.
5.2 Paving and Hardscape
5.2.1 Paving and hardscape shall be used to reinforce the architectural
design themes.
5.2.2 A variety of paving types, including unit pavers, cast-in place
concrete, and asphalt are acceptable.
5.2.3 Gravel and crusher dust are not acceptable paving materials in
onsite applications, but may be used on the nature trail system,
where appropriate.
5.3 Plantings and Softscape
5.3.1 In general, plantings should focus on native species, particularly
drought tolerant species.
5.3.2 In ornamental planting areas, introduced species are acceptable to
meet particular aesthetic goals
5.3.3 Plantings fronting the ESA’s, along with any habitat compensation
plantings, are to be 100% native species.
5.4 Playgrounds
5.4.1 In providing playgrounds for the community, various ages of children
must be considered, from toddlers to teenagers
5.4.2 Playgrounds should focus on natural play opportunities, including
logs and boulders for climbing and jumping.
5.5 Public Art
5.5.1 Near the main entry road to the project, a small plaza will be created
with hard and soft landscaping, seating, and a prominent piece of
public art.
5.5.2 The plaza will be covered by a public Right of Way to ensure access
by all and will be a feature that welcomes all to the community.
6.0 Sustainability
6.1 Rain gardens
6.1.1 Rain gardens, incorporating rocks and plantings, shall be provided in
appropriate locations to make a feature of the detention requirement
of Maple Ridge’s three tiered Storm Water Management scheme.
6.2 Bio Swales
6.2.1 Swales, both rocky and planted, shall be provided in appropriate
locations, both to conduct runoff water to the rain gardens, and also
to provide some detention capacity.
6.3 Retained trees
6.3.1 Specimen trees in key locations shall be retained to help preserve
the natural features of the site
6.4 Biodiversity
6.4.1 The various elements of plantings, rain gardens and bio swales shall
be deployed to enhance the biodiversity of the overall site and of
each project.
6.5 Electric Vehicle Charging
6.5.1 One (1) Electric Vehicle charging receptacle will be provided per
townhome, located in the garage.
6.5.2 Two (2) High Speed Electric Vehicle Chargers will be provided at the
Rental Commercial Building.
6.6 Water Efficiency
6.6.1 All homes will be provided with low-flow fixtures for water efficiency.
7.0 Other Design Matters
7.1 Rail Noise and Vibration
7.1.1 The recommendations of the “Guidelines for New Development in
Proximity to Railway Operations” prepared by the Federation of
Canadian Municipalities and the Railway Association of Canada will
be applied to this site.
7.2 Regional Park Connection
7.2.1 The final site plan and trail network plan for the development will
accommodate a future grade separated connection to regional park
lands south of the development site.
Figure 1
Figure 2
APPENDIX G
APPENDIX H
APPENDIX I
APPENDIX J
APPENDIX K
APPENDIX L
APPENDIX M
DEVELOPMENT APPLICATION CHECKLIST
FOR FILE 2017-231-RZ
File Manager: Siobhan Murphy
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 City 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:
5.
1
City of Maple Ridge
TO: Her Worship Mayor Nicole Read MEETING DATE: June 6, 2017
and Members of Council
FROM: Chief Administrative Officer MEETING: Council Workshop
SUBJECT: First and Second Reading
Maple Ridge Zone Amending Bylaw No. 7339--2017
To regulate Supportive Recovery Homes and other similar care facilities
EXECUTIVE SUMMARY:
The following report presents Zoning Bylaw amendments to regulate care facilities in the City,
including unregulated, unlicensed or unregistered Supportive Recovery Homes and other similar
facilities. These bylaw amendments reflect what can be regulated within municipal jurisdiction,
recognizing that there are some care facilities that are exempt from zoning and/or are regulated by
other levels of government. The draft Zoning Bylaw amendment requires that an operator enter into
a Housing Agreement with the City. The Housing agreement articulates the City’s expectations
regarding the operation of such centres, and will specify requirements such as the number of
residents, exit strategies and maintenance. A template Housing Agreement is attached as
information, but doesn’t form part of the amending Bylaw.
RECOMMENDATION:
That Zone Amending Bylaw No. 7339--2017 be given First and Second Reading and be
forwarded to Public Hearing.
BACKGROUND:
At a regularly scheduled Council Workshop on April 24, 2017, Council passed the following
resolution:
R/2017-135: that Staff be directed to prepare bylaw amendments and a Housing
Agreement template to regulate Supportive Recovery Homes and other similar facilities as
identified in Option 1: Creation of Regulations for uses with a maximum of 10 residents in
the Policy and Regulations section of the report, entitled “Options for Regulating Supportive
Recovery Homes, Transitional Housing, Assisted Living Residences and Community Care
Facilities”, dated April 24, 2017.
DISCUSSION:
Based on Council direction, staff has prepared a Zoning Bylaw amendment to allow up to 10
residents in Single Family zones, subject to compliance with bylaw requirements and the registration
of a Housing Agreement and Business Licence. If supported by Council, supportive housing-type
uses would fall into two categories: those with 10 or less residents would be permitted in Residential
zones, and those with 11 or more residents would be permitted in Institutional zones. The bylaw
also includes amendments to require certain Institutional uses to enter into a Housing Agreement. It
is noted that licensed Community Care Facilities with up to 6 residents are exempt from zoning and
that facilities that are provincially owned and operated are also exempt from these regulations.
2
Staff has prepared the Zoning Bylaw amendments to regulate care facilities in the City, as well as a
template for a Housing Agreement to specifically regulate unregulated, unlicenced or unregistered
Supportive Recovery Homes and other similar facilities. These items can be summarized as follows:
1. Amendment to the Definition section of the Zoning Bylaw (Part 2 Interpretation) including:
Amending the definition of Family to specify that the definition does not apply to Assisted Living
Residences, Community Care Facilities, Supportive Recovery Homes, and Transitional Housing as
follows:
o FAMILY: means the persons sharing a household, consisting of: (a) two or more persons
related by blood, marriage, adoption, or foster parenthood; or (b) three or fewer unrelated
persons and does not include Assisted Living Residences, Community Care Facilities,
Supportive Recovery Homes, and Transitional Housing.
Amending the definition of the Elderly Citizens Residential (RE) zone to include Assisted Living
Residence as follows:
o ELDERLY CITIZENS RESIDENTIAL: means a use specifically providing for the residential
accommodation of elderly persons and includes Assisted Living Residences.
New definitions for Assisted Living Residences, Community Care Facilities, Supportive Recovery
Homes, and Transitional Housing which are as follows:
o ASSISTED LIVING RESIDENCE: means a facility that provides up to 2 prescribed services as
defined by the Community Care and Assisted Living Act, to 3 or more persons who are not
related by blood or marriage who can live independently but require a supportive
environment due to physical and functional health challenges and may also include
hospitality services and personal care services. Assisted Living Residences must be
registered with the provincial government’s Assisted Living Registrar and are subject to the
Community Care and Assisted Living Act.
o COMMUNITY CARE FACILITY: means a facility that provides 3 or more prescribed services as
defined by the Community Care and Assisted Living Act, to 3 or more persons who are not
related by blood or marriage for the purpose of providing care and may also include
hospitality services and personal care services. Community Care Facilities must be licensed
by the applicable regional health authority and are subject to the Community Care and
Assisted Living Act. It is noted that Section 20 of the Community care and Assisted
Living Act exempts those facilities that are licensed as a residence that have no more
than six persons in care.
o SUPPORTIVE RECOVERY HOME: means a facility that provides a supportive and structured
environment including housekeeping services and up to 2 prescribed services for individuals
recovering from drug and alcohol addiction.
o TRANSITIONAL HOUSING: means a facility that provides housing for persons in transition
from short-term emergency housing to permanent housing.
Revised definition for Private Hospital to clarify that include Assisted Living Residences,
Supportive Recovery Homes and Transitional Housing are permitted uses as follows:
o PRIVATE HOSPITAL: use means a use providing for the care of the sick, injured, or aged other
than in a public hospital; includes private hospitals, convalescent homes, nursing homes,
hospices, palliative care units, community care facilities, assisted living residences,
supportive recovery homes, and transitional housing multi-level care facilities, congregate
care facilities and adult daycare centres,.
2. Adding a category to the Residential Matrix Permitted Uses in Part 6, Section 601 allowing
Supportive Recovery Homes, Transitional Housing, Assisted Living Residences, and Community
Care Facilities* with 10 residents, on all lots 557m2 (RS-1b) or greater, subject to satisfying
prescribed criteria;
* Licenced Community Care Facilities may have up to 6 residents and are exempt from zoning
3
3. Adding to Part 4 General Regulations, Section 402 regulations for where Supportive Recovery
Homes, Transitional Housing, Assisted Living Residences, and Community Care Facilities* with
10 residents are permitted in Residential zones, including criteria of a Housing Agreement, and
satisfying the following requirements;
Shall have a maximum of 10 residents including staff;
Shall be contained within the same building as the One Family Residential Use;
Be not less than 250m from other Supportive Recovery Homes, Transitional Housing,
Assisted Living Residences, or Community Care Facility, a school both public or private, child
care centres and a family daycare;
Shall not be permitted where there is a Secondary Suite, Detached Garden Suite, Boarding
Use or Temporary Residential Use on the lot;
Will require proof of notification or approval from the applicable Health Authority or to the
appropriate authority if located on a lot which is not serviced by municipal sewer;
Shall not be strata-titled;
Shall not be permitted on property situated within a floodplain;
Shall not be permitted unless permitted by the provisions of section 601 A. of the Zoning
Bylaw; and
Shall be permitted on the condition that the operator enters into a Housing Agreement with
the Corporation of the City of Maple Ridge under Section 483 of the Local Government Act,
which must be executed and delivered to the Municipality including all appendices prior to
the issuance of any building permit for the land in relation to which the use is permitted.
4. The Housing Agreement shall include, but not be limited to:
the maximum number of residents that shall be permitted to reside within the Housing
Facility at any one time shall be ten (10) people, including staff if the facility is located in a
Residential zone. If the facility is located in an Institutional zone the maximum number of
residents that shall be permitted shall be greater than ten (10) people, including staff.
An exit plan for residents who are evicted or who complete the program must be filed with
the City. The exit plan shall include a provision for those clients that are evicted, that any
funding provided to the Supportive Recovery Home will be held in trust, and the organization
will provide a prorated amount at the time of departure to the person evicted or money
returned to the individual or organization.
Adhere to municipal noise bylaw standards;
Staffed 24 hours per day;
A current roster of all Operators, residents and staff must be maintained on site and
available to the City and/or the City of Maple Ridge RCMP detachment;
No alcohol or illicit drugs are permitted on the premises in those facilities that are providing
drug and alcohol treatment and counselling;
Property owner approval of the facility;
Neighbourhood Consultation Meetings;
o Neighbourhood meetings are required for each new home;
o Notification of neighbours (100m radius mail out within the Urban Area Boundary (UAB),
500m radius mail out outside of the UAB at the Operator’s expense)
o Information is to be provided to the City of Maple Ridge
Property and Housing Standards;
o Property maintenance and parking standards must be met;
o Annual fire inspections shall be performed;
o Annual building inspections shall be performed;
o Shall have no exterior signage; and
4
The Bylaw also introduces amendments to regulate the care of greater than 10 residents in care in
Institutional Zones including:
5. Adding to Part 4 General Regulations, Section 402 Regulations for Permitted Uses of Land,
Buildings & Structures, where Assisted Living Residences are permitted in Institutional zones and
satisfy the following requirements:
Shall have more than ten residents including staff;
Shall be permitted on the condition that the operator enters into a Housing Agreement with
the Corporation of the City of Maple Ridge under Section 483 of the Local Government Act,
which must be executed and delivered to the Municipality including all appendices prior to
the issuance of any building permit for the land in relation to which the use is permitted
require proof of notification or approval from the applicable Health Authority or to the
appropriate authority if located on a lot which is not serviced by municipal sewer;
Shall not be strata-titled; and
Shall not be permitted on property situated within a floodplain
6. Where permitted in either a Residential or Institutional zone, a Community Care Facility will be
subject to the following provisions:
A facility containing six or less residents in care, excluding staff, is exempt from zoning;
A facility containing 7 but a maximum of 10 residents including staff is permitted in
Residential zones;
A facility containing more than 10 residents is permitted in Institutional zones.
Shall be permitted on the condition that the operator enters into a Housing Agreement with
the Corporation of the City of Maple Ridge under Section 483 of the Local Government Act,
which must be executed and delivered to the Municipality including all appendices prior to
the issuance of any building permit for the land in relation to which the use is permitted
Be licenced as per the Community Care and Assisted Living Act
Shall not be strata-titled; and
Shall not be permitted on property situated within a floodplain.
The draft bylaw amendments and housing agreement template provide a regulatory framework that
limits the size of some facilities including Supportive Recovery Homes, Transitional Housing and
Assisted Living Residences containing a total of 10 residents, including clients and employees in
residential zones. Licensed Community Care Facilities with no more than six people in care are
exempt from zoning. Assisted Living Residences and licensed Community Care facilities containing
greater than ten people in care must be located in an institutional zone†. Together this provides an
ability to meet the need for care facilities in the City of Maple Ridge.
For clarity, they will also be subject to the City’s Bylaw enforcement if operations are in violation of
the City’s various bylaws and the proposed Housing Agreement terms and conditions and can be
closed if warranted.
It is also noted that the Housing Agreement does not form part of the Zoning Bylaw Amending Bylaw
and can be changed in the future.
This approach is consistent with neighbouring municipalities to regulate Supportive Recovery Homes,
Transitional Housing and Assisted Living Residences. The proposed amending Bylaws and Housing
Agreement template have also been reviewed by the City’s legal counsel.
A draft Zoning Bylaw amendment Bylaw is attached as Appendix A. A template for the Housing
Agreement containing draft terms and conditions language has been provided and is attached as
Appendix B.
† Assisted Living Uses are also permitted in Elderly Citizens Residential (RE) zones, and some Comprehensive
Development (CD) zones.
5
INTERDEPARTMENTAL CONSIDERATIONS:
Should Council approve the proposed Zoning Bylaw amendments and the draft Housing Agreement,
the Licences, Permits and Bylaws Department will develop an amending bylaw for the Business
Licencing and Regulating Bylaw to regulate Supportive Recovery Homes and other similar care
facilities to align with the proposed Zoning Bylaw amendments.
NEXT STEPS:
With regards to those existing, unregulated, unlicensed, unregistered Supportive Recovery Homes,
Transitional Housing and Assisted Living Residences, the use is considered a legal non-conforming
use and the use may continue. However, the City can require existing facilities to enter into a
Housing Agreement as confirmed by the City’s legal counsel. It is noted that for an existing facility,
the siting requirements may be non-conforming, but the operating requirements in the Housing
Agreement would apply. New care facilities that are applying for a business licence would be
required to enter into a Housing Agreement and meet all of the Zoning Bylaw criteria to be in
compliance.
CONCLUSION:
The draft bylaw provides a framework for regulating care facilities with up to 10 residents in
residential areas, including the requirement to enter into a Housing Agreement and obtain a
business licence. It is believed that the Bylaw will improve the operation of facilities, clarify
municipal expectations, and provide City Bylaws’ staff with a mechanism to enforce should facilities
not perform at a standard acceptable level of operation.
“Original signed by Siobhan Murphy”
_______________________________________________
Prepared by: Siobhan Murphy, MCIP, RPP
Planner II
“Original signed by Christine Carter”
_______________________________________________
Approved by: Christine Carter, MPL, 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 E.C. Swabey”
_______________________________________________
Concurrence: E.C. Swabey
Chief Administrative Officer
Appendix A – Zoning Bylaw Amendment for Supportive Recovery Homes, Transitional Housing, Assisted Living
Residences and Community Care Facilities
Appendix B – Housing Agreement Template
CITY OF MAPLE RIDGE
BYLAW NO. 7339-2017
A Bylaw to amend 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. 7339-2017."
2. That Part 2 INTERPRETATION is amended by inserting the following between “ASSEMBLY
USE” and “AUTOMOBILE ACCESSORY”:
Assisted Living Residence: means a facility that provides up to 2 prescribed services as
defined by the Community Care and Assisted Living Act, to 3 or more persons who are not
related by blood or marriage who can live independently but require a supportive
environment due to physical and functional health challenges and may also include
hospitality services and personal care services. Assisted Living Residences must be
registered with the provincial government’s Assisted Living Registrar and are subject to the
Community Care and Assisted Living Act.
3. That Part 2 INTERPRETATION is amended by inserting the following between “COMMON
ACTIVITY AREA” and “COMMUNITY GAMING FACILITY”:
Community Care Facility: means a facility that provides 3 or more prescribed services as
defined by the Community Care and Assisted Living Act, to 3 or more persons who are not
related by blood or marriage for the purpose of providing care and may also include
hospitality services and personal care services. Community Care Facilities must be licensed
by the applicable regional health authority and are subject to the Community Care and
Assisted Living Act. It is noted that Section 20 of the Community Care and Assisted Living Act
exempts from zoning those facilities that are licensed as a residence that have no more than
six persons in care.
4. That Part 2 INTERPRETATION is amended by inserting the following between “STRUCTURE”
and “TEMPORARY RESIDENTIAL”:
Supportive Recovery Home: means a facility that provides a supportive and structured
environment including housekeeping services and up to 2 prescribed services for individuals
recovering from drug and alcohol addiction.
5. That Part 2 INTERPRETATION is amended by inserting the following between “TOWNHOUSE(S)”
and “TWO-FAMILY RESIDENTIAL”:
Transitional Housing: means a facility that provides housing for persons in transition from
short-term emergency housing to permanent housing.
6. THAT PART 2 INTERPRETATION the definition of “ELDERLY CARE RESIDENTIAL:” is amended
by adding the words identified in bold text:
ELDERLY CITIZENS RESIDENTIAL: means a use specifically providing for the residential
accommodation of elderly persons and includes Assisted Living Residences.
7. THAT PART 2 INTERPRETATION the definition of “FAMILY” is amended by adding the words
identified in bold text:
Family: means the persons sharing a household, consisting of: (a) two or more persons
related by blood, marriage, adoption, or foster parenthood; or (b) three or fewer unrelated
persons and does not include Assisted Living Residences, Community Care Facilities,
Supportive Recovery Homes, and Transitional Housing.
8. THAT PART 2 INTERPRETATION the definition of “PRIVATE HOSPITAL” is amended by adding
the words identified in bold text:
PRIVATE HOSPITAL - means a use providing for the care of the sick, injured, or aged other
than in a public hospital; includes private hospitals, convalescent homes, nursing homes,
hospices, palliative care units, community care facilities, assisted living residences,
supportive recovery homes, transitional housing, multi-level care facilities, congregate care
facilities and adult daycare centres.
9. That PART 4 GENERAL REGULATIONS, SECTION 402 REGULATIONS FOR PERMITTED USES
OF LAND, BUILDINGS & STRUCTURES is amended by addition the following section:
(16) Assisted Living Residences, Community Care Facilities, Supportive Recovery Homes
and Transitional Housing
i. Where permitted in Residential zones, a Supportive Recovery Home, Transitional
Housing, Assisted Living Residence or Community Care Facility with 10 or fewer
residents in care is subject to the following provisions:
a) Shall have a maximum of 10 residents including staff;
b) Shall be contained within the same building as the One Family Residential Use;
c) Be not less than 250m from other Supportive Recovery Homes, Transitional
Housing, Assisted Living Residences, or Community Care Facilities, a school both
public or private, child care centres and a family day care;
d) Shall not be permitted where there is a Secondary Suite, Detached Garden Suite,
Boarding Use or Temporary Residential Use on the lot;
e) Will require proof of notification or approval from the applicable Health Authority
or to the appropriate authority if located on a lot which is not serviced by
municipal sewer;
f) Shall not be strata-titled;
g) Shall not be permitted on property situated within a floodplain;
h) Shall not be permitted unless permitted by the provisions of section 601 A. of the
Zoning Bylaw; and
i) Shall be permitted on the condition that the operator enters into a Housing
Agreement with the Corporation of the City of Maple Ridge under Section 483 of
the Local Government Act, which must be executed and delivered to the
Municipality including all appendices prior to the issuance of any building permit
for the land in relation to which the use is permitted.
ii. Where permitted, an Assisted Living Residence with greater than 10 residents in care
is subject to the following provisions:
a) Shall be permitted on the condition that the operator enters into a Housing
Agreement with the Corporation of the City of Maple Ridge under Section 483 of
the Local Government Act, which must be executed and delivered to the
Municipality including all appendices prior to the issuance of any building permit
for the land in relation to which the use is permitted.
b) require proof of notification or approval from the applicable Health Authority or to
the appropriate authority if located on a lot which is not serviced by municipal
sewer;
c) Shall not be strata-titled; and
d) Shall not be permitted on property situated within a floodplain
iii. Where permitted , a Community Care Facility with greater than 10 residents in care is
subject to the following provisions:
a) Shall be permitted on the condition that the operator enters into a Housing
Agreement with the Corporation of the City of Maple Ridge under Section 483 of
the Local Government Act, which must be executed and delivered to the
Municipality including all appendices prior to the issuance of any building permit
for the land in relation to which the use is permitted
b) Be licenced as per the Community Care and Assisted Living Act
c) Shall not be strata-titled; and
d) Shall not be permitted on property situated within a floodplain.
10. That PART 6 RESIDENTIAL ZONES SECTION 601 A. PERMITTED USES OF LAND, BUILDINGS AND
STRUCTURES is amended by inserting the following uses after “Medical Marihuana,
Commercial Production” and permitted in the RS-1, RS-1a,RS-1b, RS-1c, RS-1d, RS-2, RS-3:
Supportive Recovery Homes, Transitional Housing, Assisted Living Residences, and
Community Care Facilities
11. That PART 9 INSTITUTIONAL ZONES SECTION 902 is amended by inserting the following in
correct numerical order:
5) Private Hospital Use
Pursuant with Section 402 (16) those facilities providing drug and alcohol treatment and
counselling to residents shall enter into a Housing Agreement.
12. Maple Ridge Zoning Bylaw No. 3510 – 1985 is amended accordingly.
READ a first time the 6th day of June, 2017
READ a second time the 6th day of June, 2017
PUBLIC HEARING held the day of , 20
READ a third time the day of , 20
ADOPTED, the day of , 20
_____________________________ ____________________________
PRESIDING MEMBER CORPORATE OFFICER
HOUSING AGREEMENT No. <>
THIS AGREEMENT is dated for reference the _____ day of _________________, 20<>;
BETWEEN:
CITY OF MAPLE RIDGE
11995 Haney Place
Maple Ridge, British Columbia
V2X 2A9
(the “City")
OF THE FIRST PART
AND:
<>(Bold and use Uppercase)
<>
<>
<>
(the “Operator”)
OF THE SECOND PART
AND
<>(Bold and use Uppercase)
<>
<>
<>
(the “Owner”)
OF THE THIRD PART
WHEREAS:
A. The Operator proposes to provide a <Supportive Recovery Home><Transitional
Housing><Assisted Living Residence><Community Care Facility>, as defined herein, within
the Housing Facility, as defined herein, in accordance with the requirements of this
Agreement and the City’s Zoning Bylaw.
B. The Operator, the Owner and the City each agree that the Operator and the personal
behaviour of residents of the Housing Facility must be regulated and supervised so as to
ensure the protection, convenience and safety of other residents of the Housing Facility and
of residents and users of all neighbouring properties, streets and public places.
[2]
C. The Operator, the Owner and the City have reached agreement as to certain reasonable and
necessary measures to be undertaken by the Operator in the management and operation of
the Housing Facility and now wish to enter into this Agreement in order to ensure
compatibility between the use of the Housing Facility and that of the immediately adjoining
neighbourhood.
D. The Owner is the registered owner of those Lands defined herein.
E. The City adopted Bylaw No. <> pursuant to Section 483 of the Local Government Act
authorizing the City to enter into this Housing Agreement with the Owner on the terms and
conditions contained herein.
F. Covenants and agreements herein made by the Operator in favour of the City and in favour of
the Owner constitute a separate and binding agreement and are not part of the Housing
Agreement between the Owner and the City.
THIS HOUSING AGREEMENT is evidence that in consideration of the mutual promises contained in it,
and in consideration of the payment of TEN ($10.00) DOLLARS by each of the Owner and the City
from one to the other (the receipt and sufficiency of which is acknowledged by each party), both of
whom covenant and agree with each other as follows, both as a Housing Agreement under Section
483 of the Local Government Act and as a contract and a deed under seal between the parties; and
the covenants and agreements of the Operator made herein to the City and to the Owner are binding
as a contract between them.
1. Interpretation
1.1 In this Agreement the following definitions apply:
“Agreement” means this Housing Agreement and all covenants and agreements of the
Operator as specified in the Operator’s Agreement with the Owner.
“Assisted Living Residence” means a facility that provides up to 2 prescribed services as
defined by the Community Care and Assisted Living Act, to 3 or more persons who are not
related by blood or marriage who can live independently but require a supportive
environment due to physical and functional health challenges and may also include
hospitality services and personal care services. Assisted Living Residences must be
registered with the provincial government’s Assisted Living Registrar and are subject to the
Community Care and Assisted Living Act.
“Drug and Alcohol Treatment and Counselling” means a facility that provides treatment of
drug addiction, alcoholism and associated disorders.
“Drugs” means any controlled substance regulated under the Controlled Substance Act of
Canada and includes, without limitation, the non-prescription use of marijuana or other mind
altering drugs.
“Housing Facility” means the Lands and the improvements located on the Lands wherein the
Operator intends to carry out, provide and manage a <Supportive Recovery
Home><Transitional Housing><Assisted Living Residence>, under the terms and conditions
of this Housing Agreement and the City’s Zoning Bylaw.
[3]
“Lands” means Parcel Identifier: <>
<>; and known municipality as <>(address).
“Operator’s Agreement” means a written agreement between the Owner and the Operator, in
a form satisfactory to the City, regarding the management and operating procedure of a
Housing Facility and the contractual promises imposed on the Owner by the City to cause the
Operator to comply with any terms required by the City.
“Resident” means a person residing in the Housing Facility.
“Resident Contract” means a written agreement between the Operator and each resident of
the Housing Facility, in a form satisfactory to the City and in accordance with Section 4 of this
Agreement, establishing the conditions of residency.
“Supportive Recovery Home” means a facility that provides a supportive and structured
environment including housekeeping services and up to 2 prescribed services for individuals
recovering from drug and alcohol addiction.
“Transitional Housing” means a facility that provides housing for persons in transition from
short-term emergency housing to permanent housing.
2. Obligations of the Owner
2.1 The Owner covenants and agrees with the City:
(a) that the Lands and the Housing Facility shall only be used in compliance with the
terms, conditions, requirements and restrictions of this Agreement;
(b) to take all reasonable measures to require the Operator to operate the Housing
Facility in compliance with the terms, conditions, requirements and restrictions of
this Agreement;
(c) that the obligations and responsibilities of the Operator under this Agreement
relating to the operation of the Housing Facility also bind the Owner in the operation
of the Housing Facility; and
(d) that the Owner enter into an Operator’s Agreement with the Operator to use, occupy,
provide, and operate the Housing Facility, and the Operating Agreement will contain a
binding provision to terminate the Operator’s use, occupancy, provision, and
operation of the Housing Facility which the Owner must invoke and enforce upon 60
days written notice given by the by the City to the Owner.
3. Requirements of the Housing Facility
3.1 The Operator covenants and agrees with the Owner, and the Owner covenants with the City,
to ensure that:
(a) the maximum number of residents that shall be permitted to reside within the
Housing Facility at any one time shall be ten (10) people, including staff if the facility
is located in a Residential zone. If the facility is located in an Institutional zone the
maximum number of residents that shall be permitted shall be greater than ten (10)
people, including staff.
[4]
(b) the composition of the residents of the Housing Facility, by gender and age group,
shall be <>male <>female and over <>years of age.
(c) the design and construction of the Housing Facility shall implement the Crime
Prevention through Environmental Design (CPTED) criteria for residential housing to
the satisfaction of the City and, for this purpose, the Operator shall, at the design
stage and from time to time thereafter, consult with officials of the City regarding the
implementation of such criteria. At a minimum, exterior security lighting and fencing
of rear yards is required.
(d) the interior and exterior of the Housing Facility are kept well maintained in a neat,
tidy and clean condition and comply with the City’s Standard of Maintenance Bylaw.
(e) the exterior doors and windows to the Housing Facility are closed and locked when
occupants of the residential premises are absent from the Housing Facility.
(f) all personal belongings, furniture, goods, materials, supplies or other things are only
stored within properly designated storage areas located within the interior of the
Housing Facility. For greater certainty, nothing may be stored or allowed to
accumulate around the exterior of the Housing Facility.
(g) all barbecues and other outdoor activities are carried out in a safe and considerate
manner and that the exterior of the Housing Facility is maintained in a neat and tidy
condition. Barbecues shall be kept a minimum of 0.6 metres away from any building
when in use.
(h) the Housing Facility is, at all times, in compliance with the health, life safety and fire
protection requirements of the British Columbia Building Code and Fire Code and the
City’s Fire Services Bylaw and complete annual inspections.
4. Conditions of Residency
4.1 The Operator covenants and agrees with the Owner, and the Owner covenants with the City,
to ensure that:
(a) the Operator, prior to permitting occupation of each residential premise within the
Housing Facility, ensure that each resident enters into a Resident Contract with the
Operator regulating the personal behaviour and responsibilities of the resident while
residing at the Housing Facility. The form of Resident Contact must be in a form
satisfactory to the City, and, without limiting the generality of the foregoing, shall
provide that every resident, as a condition of residency:
1. must be considerate of other residents, employees and staff of the Housing
Facility and of neighbouring premises and residents;
2. must respect the prescribed visiting hours restrictions and ensure that visitors
are only present on the Housing Facility premises between the hours of 9:00
a.m.10:00 p.m., daily;
3. must ensure that any person invited onto the premises of the Housing Facility
by the resident does not engage in any criminal conduct or activity. Proof of
[5]
such violation will not require criminal conviction but will be determined by a
preponderance of evidence;
4. must agree that information relating to any incident of criminal or unlawful
conduct which is investigated by the City Maple Ridge RCMP detachment may
be disclosed to officials of the City in accordance with the requirements of the
Freedom of Information and Protection of Privacy Act;
5. shall ensure that they and any persons invited onto the premises of the
Housing Facility by the resident, do not engage in any conduct or behaviour
which unreasonably disturbs or harasses other residents of the Housing Facility
or persons in the neighbourhood and must maintain quiet between the hours of
10:00 p.m. and 8:00 a.m., daily.
b) Notwithstanding the above requirements, the following shall apply to those
facilities providing drug and alcohol treatment and counselling:
1. may not possess, hold, store, trade, barter, sell, buy or use any alcohol or Drugs
anywhere within or on the premises of the Housing Facility;
2. must agree to voluntarily allow random urinalysis or other drug testing to be
carried out by or on behalf of the Operator while residing at the Housing Facility;
3. must acknowledge and agree that if he or she is discovered in the possession of,
consuming or under the influence of alcohol or Drugs, either on or off the
premises of the Housing Facility, they may be discharged from the Housing
Facility;
4. will be subject to specified curfew times having regard to the work schedules of
the resident;
5. must not carry out or be involved in any criminal activities, either on or off the
Housing Facility premises, while in residence;
6. must be in a work training program, employed, enrolled in school, actively
searching for work, or engaged in recovery activities in accordance with a
documented recovery program; and
7. must agree to allow a criminal record check to be conducted prior to their
acceptance as a resident of the Housing Facility and to additional background
reference checks, from time to time during residency, at the discretion of the
Operator, the City, and Ridge Meadows RCMP detachment, and such checks
must not reveal any evidence of violent offences, sexual offences or outstanding
warrants.
5. Obligations of the Operator to Both the Owner and the City
5.1 The Operator covenants and agrees with the Owner, and the Owner covenants with the City,
to ensure that:
[6]
(a) the Operator shall, at all times, be responsible for the proper management and
operation of the Housing Facility and shall provide 24 hour, seven (7) day a week
supervision of the Housing Facility when occupied by any resident.
(b) the Operator and all employees of the Operator engaged to work in the Housing
Facility must agree to allow a criminal record check to be conducted and to any
additional background reference checks including a vulnerable sector check, at the
discretion of the City and Ridge Meadows RCMP detachment, as requested from time
to time but no less than every two years. Neither the Operator nor any employee of
the Housing Facility shall have a criminal record of violent or sexual offences
committed.
(c) the Operator is either a non-profit organization or alternatively is a for-profit entity
and, in either case, a business licence is required and has been obtained and will be
renewed annually.
(d) employees of the Operator must staff the premises 24 hours a day.
(e) the Operator shall hold a Neighbourhood Consultation Meeting prior to applying for a
business licence and at least once a year, or as required by the City or the Owner,
providing written public notification of neighbours (100m radius mail out within the
Urban Area Boundary (UAB), 500m radius mail out outside of the UAB at the
Operator's expense) of the Housing Facility and provides to the City accurate minutes
of such meeting.
(f) the Owner and the Operator, when requested and at the discretion of the City, shall
attend and participate in all neighbourhood meetings scheduled by the City.
(g) the Operator shall be responsible for enforcing the conditions of residency contained
in each Resident Contract and shall evict and discharge any resident who violates
the conditions of residency contained in the Resident Contract, and the Owner must
ensure that the Operator does so if the City requires a particular resident or residents
to be evicted.
(h) no Drugs or alcohol shall be permitted in, on or about the premises of a Housing
Facility that provides drug and alcohol treatment and counselling, and must ensure
that the Operator imposes a “zero tolerance” policy regarding the possession or use
of Drugs or alcohol by residents of the Housing Facility.
(i) the Operator shall not allow the display or permit the display of any exterior sign or
any interior sign which is visible from outside of the Housing Facility premises.
(j) the Operator shall maintain an up-to-date registry, including date of birth, of all
residents and employees of the Housing Facility; and shall be available for viewing on
demand. In addition, the Operator shall immediately disclose this up-to-date registry
to the City and/or City of Maple Ridge Police Department upon request, and provide
the Ridge Meadows RCMP detachment and City of Maple Ridge Fire Rescue Service
and other emergency services with a current 24 hour, seven (7) day a week
emergency contact telephone number.
(k) neither this Agreement nor any right hereunder to provide the Housing Facility may be
assigned or transferred by the Operator to any other person or party, in whole or in
[7]
part without 60 days clear written notice to the City and to the Owner, whom may or
may not consent to such assignment or transfer. If the Operator gives the required
notice and makes such assignment, or transfers, sells or otherwise disposes of the
Operator’s company, business or non-profit organization to another party, or ceases
to operate the Housing Facility, this Agreement shall immediately terminate, unless
the Owner and the City both agree to accept the assignee or transferee on the terms
herein.
(l) the Operator shall prepare, obtain approval by the City of Maple Ridge Fire Rescue
Services and implement a fire safety plan, that in addition to the requirements of the
BC Building Code and the Fire Code, includes, at a minimum, requirements that
interconnected smoke alarms be installed in all bedrooms and that emergency
lighting be installed and will complete annual inspections to confirm.
(m) the Operator shall not demand or request a security deposit from any resident of the
Housing Facility.
(n) the Operator shall submit to the City the exit plan, in a form satisfactory to the City
and as requested by the City, for any resident discharged from the Housing Facility. A
minimum requirement of the exit plan is that the City and the Ridge Meadows RCMP
detachment be notified in writing immediately. The exit plan shall include the
provision for those clients that are evicted, that the funding provided by the Province
to the Operator will be held in trust, and the Operator shall provide a pro-rated
amount to the person evicted at the time of departure of such person. If the funding
is provided by an individual to an Operator, those funds will be held in trust and a
prorated amount will be given back to the individual at the time of the person’s
eviction. In addition, if eviction is warranted, the Operator will ensure the former
client is provided with transportation to a confirmed, alternate safe accommodation.
(o) the Operator shall provide a minimum of two meals a day to residents.
(p) the Operator shall submit to the City written approval on a case by case basis from
the Provincial Ministry of Children and Family Development prior to any children,
under nineteen (19) years of age, visiting overnight at the Housing Facility, and must
be in compliance with the Child, Family and Community Service Act.
6. Termination
6.1 The City may, on 30 days prior written notice to the Owner, terminate this Agreement where:
(a) the Operator fails to comply with, satisfactorily perform or meet any of the terms,
conditions or requirements of this Housing Agreement and fails to remedy such non-
compliance or unsatisfactory performance when and as requested to do so by the
City;
(b) the Operator, at any time, ceases to provide the Housing Facility, or carries out,
permits or causes to be carried out, any detox or other health service requiring
Provincial licensing or any short-term emergency housing use or other similar use
within the Housing Facility which is not authorized by the City’s Zoning Bylaw;
[8]
(c) the goods and chattels of the Operator are at any time seized or taken in execution or
attachment or the Operator makes an assignment for the benefit of creditors or
becomes bankrupt or insolvent or makes a proposal to creditors; or
(d) the Owner fails to require the Operator to do or cause to be done anything that the
City requires the Owner to compel the Operator to do pursuant to this agreement.
6.2 Any party may terminate this Agreement on 30 days written notice to the other party.
6.3 Upon the expiry or earlier termination of this Agreement, the Housing Facility shall no longer
constitute a permitted use under the provisions of the City’s Zoning Bylaw and shall
thereupon cease.
6.4 Should the Lands cease being used as a Housing Facility, the City, will execute a registrable
discharge of this Agreement or file the appropriate notice in the Land Title Office, upon:
(a) receipt of same from the Owner; and
(b) confirmation, to the satisfaction of the City that the Lands are no longer being used
as a Housing Facility.
7. Indemnity
7.1 The Owner and the Operator, each on their own behalf, releases, indemnifies and saves
harmless the City, its elected officials, officers, employees, servants, agents, successors and
assigns from and against any and all liabilities, actions, causes of action whether in contract
or in tort, claims, damages, expenses, costs, debts, demands, or losses suffered or incurred
by the City, at any time, either before or after the expiration or termination of this Agreement
by the City, arising or resulting from the performance or non-performance of the terms and
conditions of this Agreement by the Operator, its employees, volunteers or agents.
8. Miscellaneous
8.1 Time - Time will be of the essence of this Agreement and will remain of the essence
notwithstanding the extension of any of the dates under this Agreement.
8.2 Waiver - No failure or delay on the part of either party in exercising any right, power or
privilege under this Agreement shall operate as a waiver thereof, nor will any single or partial
exercise of any right, power or privilege preclude any other or further exercise thereof or the
exercise of any other right, power or privilege. Except as may be limited in this Agreement,
any party may, in its sole discretion, exercise any and all rights, powers, remedies and
recourses available to it under this Agreement or any other remedy available to it and such
rights, powers, remedies and recourses may be exercised concurrently or individually without
the necessity of making any election.
8.3 Release - The Owner hereby releases and forever discharges the City, its elected officials,
officers, employees, servants and agents, successors and assigns from and against all
claims, demands, damages, actions or causes of actions, losses suffered or costs or
expenses incurred, by reason of or arising in any way from the existence or enforcement of
this Agreement or out of any advice or direction respecting the ownership, lease, operation or
[9]
management of the Facility which has been or hereafter may be given to the Owner by all or
any of them.
8.4 Entire Agreement - This Agreement and the agreements, instruments and other documents
entered into under this Agreement set forth the entire agreement and understanding of the
parties with respect to the subject matter of this Agreement and supersede all prior
agreements and understandings among the parties with respect to the matters herein and
there are no oral or written agreements, promises, warranties, terms, conditions,
representations or collateral agreements, express or implied, other than those contained in
this Agreement.
8.5 No Severability - It is the intent of the parties that in case any one or more of the provisions
contained in this Agreement shall be held to be invalid or unenforceable in any respect, such
invalidity or unenforceability shall affect the other provisions of this Agreement and this
Agreement shall thereupon terminate.
8.6 Amendment - This Agreement may be altered or amended only by an agreement in writing
signed by the parties and by the filing of a notice of amendment in the Land Title Office.
8.7 Further Assurances - Each of the parties shall at all times and from time to time and upon
reasonable request do, execute and deliver all further assurances, acts and documents for
the purpose of evidencing and giving full force and effect to the covenants, agreements and
provisions in this Agreement.
[10]
8.8 Notices - Any demand or notice which may be given under this Agreement shall be in writing
and delivered or faxed addressed to the parties as follows:
The City:
City of Maple Ridge
11995 Haney Place
Maple Ridge, British Columbia
V2X 6A9
Attention: Frank Quinn, General Manager, Public Works and Development
Services (or designate)
The Operator:
<>
<>
<>
<>
Attention: <>
The Owner:
<>
<>
<>
<>
Attention: <>
or at such other address as any party may specify in writing to the other. The time of giving
and receiving any such notice shall be deemed to be on the day of delivery or transmittal.
8.9 This Agreement shall be governed and construed in accordance with the laws of the Province
of British Columbia.
9. Specific Performance
9.1 The Owner agrees that because of the public interest in ensuring that all of the matters
described in this Agreement are complied with, the public interest strongly favours the award
of a prohibitory or mandatory injunction, or an order for specific performance or other
specific relief, by the Supreme Court of British Columbia at the instance of the City, in the
event of an actual or threatened breach of this Agreement.
[11]
10. Notice of Housing Agreement
10.1 For clarity, the Owner acknowledges and agrees that:
(a) this Agreement constitutes a Housing Agreement entered into under section 483 of
the Local Government Act;
(b) the City is required to file a notice of this Housing Agreement and any amendment of
this Housing Agreement in the Land Title Office against title to the Land; and
(c) once such a notice is filed, this Agreement binds all persons who acquire an interest
in the Land as a Housing Agreement under section 483 of the Local Government Act.
(d) wherever in this Agreement the Owner is required by the City by the terms hereof to
compel the Operator to perform its contractual promises, the Owner shall ensure that
in its agreement with the Operator it may so compel the Operator to act as required
by the City and, for clarity it is agreed by the Operator that any such requirement
imposed on the Owner by the City to cause the Operator to comply with any term
hereof will be binding on the Operator.
11. AUTHORIZING BYLAW ADOPTED BY Maple Ridge City Council on the <> day of <>, 20<>.
THE TERMS AND CONDITIONS UPON WHICH THIS HOUSING AGREEMENT IS ISSUED ARE HEREBY
ACKNOWLEDGED BY:
The OPERATOR, <>(Society or Company Name),
by its authorized signatories:
_______________________________
Print Name:
_______________________________
Print Name:
The OWNER, <>(Owner Names or Company Name):
_______________________________
<> (use UPPERCASE)
_______________________________
<> (use UPPERCASE)
THIS HOUSING AGREEMENT IS ISSUED this day of , 20<>
[12]
CITY OF MAPLE RIDGE )
by its authorized signatories: )
)
)
_______________________________ )
Mayor, Nicole Read ) C/S
)
)
_______________________________ )
City Clerk, Laurie Darcus )