Regular Council Meeting June 12, 2018 On-Table Items Item Type Date Item No. Item Name Reason For On-Table Distribution Presentation June 12, 2018 1.1 Introduction of Art at Council Received after agenda publication Presentation June 12, 2018 9.2 Official Community Plan Amendment and Rezoning Received after agenda publication Application 3370 Dewdney Trunk Road Presentation June 12, 2018 9.3 Cannabis Legalization Received after agenda publication Presentation June 12, 2018 9.4 Rezoning Application Received after agenda 50 Electronic Avenue Presentation June 12, 2018 9.5 Exemption and Variance Requests 2221 Clarke Street publication Received after agenda publication Document: 436963
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RC - On-Table - 2018 06 12 Item 1.1 Art at Council June 12, 2018 In celebration of the thriving artistic culture in Port Moody, the Art Walk is making a comeback! The Shuffle Port Moody Art Walk 2018, is a one-night, self-directed event on Friday, June 22 from 5:30-9pm at 13 locations in Port Moody. The Shuffle is coordinated by galleries and artists within the community who have volunteered their time in an effort to create an arts event like the much-loved Art Walk from years gone by. Tonight we have artwork from 3 of the artists participating in The Shuffle. Let s start with Gillian McMillan s ceramic plate titled Pope s Hat, a new work Gillian produced just for the art walk. Next is Catherine Field s acrylic on canvas titled Nature From Near to Far. Catherine s abstract paintings are inspired by her love of traveling, hiking and nature. Lastly is Gay Mitchell s Shaded Bow, originally a watercolour that she photographed and mounted onto metal. Gay s work captures the essence and mystery of place. Experience the creative process in action at private studios, galleries, and even outside on the lawn beside Kyle Centre. There will be live painting, performances, and refreshments, all within walking distance of Gallery Row. Document: 436735
RC - On-Table - 2018 06 12 Item 1.1 Visit the @PortMoodyArtWalk Facebook page for full details. Maps are available at City Hall and various other locations. Please mark your calendars! This is a great opportunity to be inspired by creative talent and support the artistic community of Port Moody! Document: 436735
RC - On-Table - 2018 06 12 Item 1.1 Gillian McMillan Ceramic Pope s Hat 1
RC - On-Table - 2018 06 12 Item 1.1 Catherine Fields Acrylic Nature From Near to Far Gay Mitchell Photograph on Metal Shaded Bow 2
RC - On-Table - 2018 06 12 Item 9.2 3370 Dewdney Trunk Road OCP Amendment and Rezoning Bylaws Council Presentation June 12, 2018 location 1
RC - On-Table - 2018 06 12 Item 9.2 land use policy Official Community Plan Zoning proposed development 229 rental apartments in 6 storey building mix of units sizes with the majority being 2- bed units includes 5, 3-bed units 5 below market units FAR of 2.78 205 underground parking spaces o 182 resident spaces (0.79 spaces/unit) o 23 visitor spaces (0.1 spaces/unit) resident amenity room on-site play area 2
RC - On-Table - 2018 06 12 Item 9.2 parking / TDM measures Zoning Bylaw 1.5 spaces/unit + 0.2 spaces/unit for visitors 389 spaces Proposal 0.79 spaces/unit + 0.1 spaces/unit for visitors 205 spaces 6 month Compass Card 2 nd monthly card for 1 year if parking not required 2 Modo car share spaces Modo membership + $100 credit 350 bike parking spaces extension of multi-use path additional public parking on Viewmount promotional materials cost offsets The applicant has requested that Council consider: waiving site servicing requirements for: o undergrounding hydro lines o pedestrian crossing; o extension of the multi-use path waiving the tree replacement cash-in-lieu requirement considering credits for DCCs prioritizing development and building permit processing maintaining current property taxes until occupancy 3
RC - On-Table - 2018 06 12 Item 9.2 implementation OCP Amendment Bylaw 3138 proposes amendment to building height from 4 to 6 storeys Rezoning Bylaw 3139 creates new CD72 Zone permitted uses development regulations o height 6 storeys o FAR 2.78 o coverage 47% o parking regulations conclusion addresses OCP housing policies relating to the provision of a range of housing forms and tenures, including market and below-market rental housing ideal location for rental housing given proximity to transit services and amenities in keeping with policy on Prioritizing Higher Density Development the parking reduction is supported given proximity to transit overall, staff support the OCP amendment to increase height of building providing the additional density needed for the project and the rezoning of the site 4
RC - On-Table - 2018 06 12 Item 9.3 City of Port Moody The Legalization of Cannabis Bill C-45 Cannabis Act Anticipated in August 2018 o Legalizes the cultivation, processing and retail sales of recreational cannabis. o Restrict youth access to cannabis. o Allow adults to access quality controlled legal cannabis. o Reduce the burden on criminal justice system. o Provide for legal production to reduce illegal activities. o Protect public health through strict requirements for product safety and quality. 1
RC - On-Table - 2018 06 12 Item 9.3 Jurisdictional Responsibilities Federal Medical Cannabis Home Cultivation Provincial Retail Sales Licenses Distribution & Wholesaling Municipal Retail Stores Land Use Bylaws Affected by Cannabis Legalization Smoking Regulation Bylaw No. 2773 Business Licensing and Regulations Bylaw No. 3000 Zoning Bylaw No. 1890 Controlled Substance Property Bylaw No. 2523 Fees Bylaw No. 3113 2
RC - On-Table - 2018 06 12 Item 9.3 Smoking Bylaw No. 2773 Current definition Private Smoking Club: means a premises used solely for the purpose of allowing persons over 19 years of age to smoke non-tobacco products, such as tobacco-free herbal cigarettes or hookah. Recommended definition Private Smoking Club: means a premises used solely for the purpose of allowing persons over 19 years of age to smoke non-tobacco and non-cannabis products, such as tobacco-free herbal cigarettes or hookah. Retail Cannabis Sales in BC Government Operated Cannabis Stores Operated by Liquor Distribution Branch (LDB) Privately-run Retail Cannabis Stores Licenced through Liquor Control and Licensing Branch (LCLB) Wholesale Distribution through LDB Only supplier for both types of stores 3
RC - On-Table - 2018 06 12 Item 9.3 Cannabis Stores in Port Moody? Strictly regulate retail cannabis stores OR Prohibit retail cannabis stores completely Regulating Retail Cannabis Stores Add definition of Retail Cannabis Store to zoning bylaw Exclude the use from current retail zones Each application will require a re-zoning with Public Hearing 4
RC - On-Table - 2018 06 12 Item 9.3 Conditions of Licence Hours of operation Distance from schools and parks Security requirements Quantity of merchandise stored on site Next Steps Draft bylaw amendments for Council consideration prior to summer break Post FAQ s for public on City s website Monitor additional Provincial regulations as they are released and report back when necessary. 5
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RC - On-Table - 2018 06 12 Item 9.4 Rezoning 50 Electronic Avenue Bylaw Introduction June 12, 2018 Location 1
RC - On-Table - 2018 06 12 Item 9.4 Land use policy context OCP Zoning Project overview Mixed Use Building Multi Family Building Landscaped Podium/Amenity SpaceOffice and Residential Units Two six-storey buildings Six storeys; 358 residential units and 1,692m² of commercial space, at a floor area ratio of 2.62; and 598 vehicle parking spaces and 507 bicycle parking spaces; 2
RC - On-Table - 2018 06 12 Item 9.4 Form and Character Implementation Bylaw 3154: Rezoning the property from Comprehensive Development Zone 31 (CD31) to Comprehensive Development Zone 71 (CD73). Next Steps First and Second Reading; Potential Public Hearing date of July 10 th, 2018. 3
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RC - On-Table - 2018 06 12 Item 9.5 2221 Clarke Street Exemption and Variance Requests Regular Council June 12, 2018 The Subject Lot 1
RC - On-Table - 2018 06 12 Item 9.5 Elevations Development Permit Area Requirements Requirement Heritage Alteration Permit DPA 4: Environmentally Sensitive Areas Status The design addresses relevant design guidelines for the Heritage Conservation Area. An environmental report has evaluated the setback to Ottley Creek and outlines the appropriate setback. DPA 5: Hazardous Lands A geotechnical assessment confirmed a flood hazard and provides recommendations for a Flood Exemption. Under current bylaws, permits for DPA 4 and 5 are required for this application. 2
RC - On-Table - 2018 06 12 Item 9.5 Development Permit Exemptions Applicant has stated that, based on the size of the basement addition, this application should be exempt from all DPA requirements. Staff have reviewed this rationale and all specific DPA exemption statements, and have concluded that this project does not qualify for an exemption from the DPAs. Development Permits provide the legislated tool used to review these issues and, through registration on title, inform future owners. Official Community Plan, Excerpts DP Exemptions 3
RC - On-Table - 2018 06 12 Item 9.5 Subdivision and Development Bylaw Requirements The Works and Services Bylaw No. 1789 requires that works and services be updated to current standards. The applicant has stated that the requirements are too onerous and unnecessary, and is seeking a full waiver of servicing requirements. While staff have offered a reduction of the requirements, the current bylaw only offers full waivers of servicing requirements for single and two family dwelling and for projects with a construction value below $50,000. Site Servicing Requirements Requirement Applicant s rationale for variance Staff commentary Remove existing driveway along Clarke Street. Replace existing sidewalk. Replace existing sanitary and water connections. Retain existing driveway as accessible ramp. Retain existing sidewalk. Retain existing services. Mid block accessibility ramps are not typically permitted to support individual businesses, particularly where an accessible parking space is not provided or warranted. The existing sidewalk does not meet the current requirements of Bylaw No. 2831 An assessment would be required to determine whether the existing connections are appropriate for the new commercial designation and to confirm that the existing connections meet the requirements of Bylaw No. 2831 SRW with Metro Vancouver for Ottley Creek channel. The owners would prefer not to have this required as part of the Building Permit application. If not addressed prior to Building Permit approval, there is no guarantee this outstanding issue will be addressed. Metro Vancouver s systems are integrated with the City s storm water system and require proper access and maintenance and provide drainage services for this property and many other properties and streets in the area 4
RC - On-Table - 2018 06 12 Item 9.5 The Building Permit Process A Building Permit for the addition and the change of use is also required. Under current BC Building Code requirements there are additional significant costs to upgrade an existing old single family home to a mixed use commercial building. The City does not have the authority to waive requirements of the Code. Financial Implications Summary of Required Fees Paid Fees Outstanding Fees: Requested to be Waived Outstanding Fees: No Request for Waiver OCP and Rezoning amendments - $6,795 Heritage Alteration Permit - $3070 DPA4 for Environmentally Sensitive Areas - $4,070 DPA5 for Hazardous Areas - $4,070 Development Variance Permit - $2,940 Estimated Servicing Costs - Between $33,000 and $52,000. Port Moody Development Cost Charges - $2,541 Metro Vancouver Development Cost Charge - $961 Community Amenity Contribution - $2,970 Building Permit application fee estimate - $1,786 5
RC - On-Table - 2018 06 12 Item 9.5 Other Options Option A: The outstanding Development Permit requirements be processed after Bylaw adoption. Option B: The outstanding Development Permit requirements be processed without additional fee payments, under the current development applications. Option C: If Council would like to make City-wide provisions for a combined application fee option and/or reduced servicing requirements for minor applications. Backup Slides 6
RC - On-Table - 2018 06 12 Item 9.5 Land use policy context OCP Zoning Project overview Relocate a commercial use in the existing residence. Expand the existing basement by 435ft 2. Total commercial area of 1,186ft 2. No addition to the residential portion of the property. Proposed riparian fencing and landscaping for Ottley Creek. Proposed addition 7
RC - On-Table - 2018 06 12 Item 9.5 OCP Development Permit Requirements The following OCP development permit requirements apply: o Heritage Alteration Permit: Required for additions/ alterations to the exterior of building for all properties located in the Moody Centre Heritage Conservation Area. This replaces the requirement for a Development Permit for Form and Character (Development Permit Area 2: Moody Centre) o Development Permit Area 4: Environmentally Sensitive Areas o Development Permit Area 5: Protection of Development from Hazardous Conditions (areas subject to flooding and debris flow during abnormal storm events) Proposed Site Plan 8
RC - On-Table - 2018 06 12 Item 9.5 Official Community Plan, Excerpts DP Exemptions Official Community Plan Appendix 2 Development Permit Area Guideline Official Community Plan, Excerpts DP Exemptions Official Community Plan Appendix 2 Development Permit Area Guideline 9
RC - On-Table - 2018 06 12 Item 9.5 Official Community Plan, Excerpts DP Exemptions Official Community Plan Appendix 2 Development Permit Area Guideline Images 10
RC - On-Table - 2018 06 12 Item 9.5 Images Images 11
RC - On-Table - 2018 06 12 Item 9.5 Images Development Permit Area Requirements Requirement Heritage Alteration Permit DPA 4: Environmentally Sensitive Areas DPA 5: Hazardous Lands Status Staff support issuance of a minor (staff issued) Heritage Alteration Permit per the OCP and the Heritage Protection Bylaw No. 2489. QEP complete an environmental assessment (EA) of Ottley Creek and surrounding area. Based on the EA, a variance is requested to reduce Zoning Bylaw setback requirements. A Development Variance Permit is required to reduce the setback. Staff are in general agreement with the recommendations of the EA report. Two geotechnical reports have been submitted, which confirm the presence of a flood risk and states that the proposed basement addition is below Flood Construction Level. Staff are in general agreement with the recommendations of the reports. Council resolution for a Flood Exemption is required for construction below an identified flood level. Development Permits for DPA 4 and 5 would outline the requirements, and a notice on title would inform future owners of the requirements for hazardous lands and environmental protection and highlight the studies provided. 12