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HomeMy WebLinkAbout2013-11-19 Adopted Public Hearing Minutes.pdfDistrict of Maple Ridge PUBLIC HEARING November 19, 2013 The Minutes of the Public Hearing held in the Council Chamber of the Municipal Hall, 11995 Haney Place, Maple Ridge, British Columbia on November 19, 2013 at 7:00 p.m. PRESENT Elected Officials Mayor E. Daykin Councillor C. Ashlie Councillor C. Bell Councillor J. Dueck Councillor A. Hogarth Councillor B. Masse Councillor M. Morden Appointed Staff J. Rule, Chief Administrative Officer F. Quinn, General Manager of Public Works and Development C. Carter, Director of Planning C. Goddard, Manager of Development and Environmental Services C. Marlo, Manager of Legislative Services J. Charlebois, Manager of Community Planning D. Hall, Planner A. Gaunt, Confidential Secretary Mayor Daykin called the meeting to order. The Manager of Legislative Services explained the procedure and rules of order of the Public Hearing and advised that the bylaws will be considered further at the next Council Meeting on November 26, 2013. The Mayor then called upon the Manager of Development and Environmental Services to present the following items on the agenda: 1a) 2013-001-RZ Maple Ridge Official Community Plan Amending Bylaw No. 7031-2013 Legal: Parcel "B" (Explanatory Plan 15665), Lot 8, District Lot 404, Group 1, New Westminster District, Plan 809 Location: 23920 -112 Avenue Purpose: To amend Schedule "B" of the Official Community Plan as shown on Map No 866. From: Low Density Residential To: Conservation Purpose: To amend Schedule "C" of the Official Community Plan as shown on Map. No. 867 to add as Conservation Public Hearing Minutes November 19, 2013 Page 2 of 5 1b) 2013-001-RZ Maple Ridge Zone Amending Bylaw No. 6977-2013 Legal: Location: From To: Purpose: Parcel "B" (Explanatory Plan 15665), Lot 8, District Lot 404, Group 1, New Westminster District, Plan 809 23920 -112 Avenue RS-3 (One Family Rural Residential) R-2 (Urban Residential District) To permit a future subdivision of about 9 single family lots. The Manager of Legislative Services advised that no correspondence was received on this item. The Manager of Development and Environmental Services gave a power point presentation providing the following information: • Application Information • Subject Map • Neighbourhood Context • OCP Context • Site Characteristics • Subdivision Plan • Terms and Conditions Allen Lees Mr. Lees expressed concern over the future protection of the proposed conservation area and the wildlife utilizing the area as other urban sites are developed on each side of the conservation site. Mr. Lees is opposed to the proposed application. He cited sections of the Official Community Plan which are designed to protect rural areas from urban development. He expressed concern over the removal of rural areas such as the proposed site for development as well as the removal of trees on the site. He felt this to be in conflict with the Official Community Plan. The Manager of Development and Environmental Services provided information on the future protection of the conservation area. He advised that the proposed development site is urban designated land, is not in the Agricultural Land Reserve and that the application is in accordance with the Official Community Plan. There being no further comment, the Mayor declared this item dealt with. Public Hearing Minutes November 19, 2013 Page 3 of 5 2) 2013-061-CP Maple Ridge Official Community Plan Amending Bylaw No. 7002-2013 Purpose: The Local Government Act, Part 26, Section 866 requires that where a regional growth strategy is in effect, an Official Community Plan (OCP) must contain a Regional Context Statement that identifies the relationship between the Regional Growth Strategy and the OCP and how, if necessary, the OCP will be made consistent with the Regional Growth Strategy (RGS) over time. The Metro Vancouver Regional Growth Strategy was adopted by the Metro Vancouver Regional Board on July 29, 2011. Each member municipality had until July 29, 2013 to submit their revised regional context statements for acceptance by the Metro Board. The Metro Vancouver Regional Growth Strategy contains five (5) key goals that identify what the role of each member municipality has in helping to achieve the Regional goals. Policy 6.2.6 of the RGS identifies that each municipalities Regional Context Statement is expected to be generally consistent with the RGS goals, strategies and actions and the regional land use designations. The Maple Ridge Regional Context Statement was formally referred to the Board of the Metro Vancouver Regional District on July 25, 2013, following First Reading of Official Community Plan Amending Bylaw No. 7002-2013. On September 27, 2013, the Metro Vancouver Regional Board formally accepted the Regional Context Statement and Council subsequently gave Second Reading to the Bylaw on October 8, 2013 and forwarded the bylaw to the November 19 Public Hearing agenda. The Manager of Legislative Services advised that correspondence on this item was received from the Agricultural Land Commission indicating there is no conflict with their mandate. The Manager of Community Development provided a power point presentation providing the following information: • Legislative Requirements • Regional Context Statement Information • Regional Growth Strategy Background • Review of Council Resolutions and Timelines • Regional Growth Strategy Consultation • ALC Comments re: the Regional Growth Strategy • Map of Regional Land Use Designations • OCP Amending Bylaw Approving Timeline There being no comment, the Mayor declared this item dealt with. Public Hearing Minutes November 19, 2013 Page 4 of 5 3) 2013-07 4-RZ Maple Ridge Zone Amending Bylaw No. 7011-2013 Purpose: To amend the Zoning Bylaw to establish zoning regulations for the commercial production of medical marihuana under the Canadian Marihuana for Medical Purposes Regulations. The Bylaw defines "Medical Marihuana, Commercial Production" as production authorized under the federal legislation. The Bylaw permits this use in the A-1, A-2, A-3, A-4 and A-5 Agricultural Zones, and in the RS-1, RS-2 and RS-3 Residential Zones, but only on lands within the Agricultural Land Reserve. The Bylaw prescribes setbacks for this use from the property boundaries, and also from schools, single-family residences, wells and streams, and from other Medical Marihuana, Commercial Production uses. The Manager of Legislative Services advised that correspondence was received from the Agricultural Land Commission indicating no objection to the proposed bylaw. The Planner gave a power point presentation providing the following information: • Application Information • Proposal for Zoning Bylaw Amendment • Federal and Provincial Context • BC Assessment Authority Clarification of Position on Medical Marihuana • Rationale for the Proposed Bylaw • Proposed Amendments • Recommendation Accompanying First and Second readings • Agricultural Land Commission Referral and Comments John Ricketts Mr. Ricketts advised on a court case going forward challenging the new Federal Government rules pertaining to the cultivation of medical marihuana by individuals for personal use and asked why the District was not waiting for that court case to be resolved prior to proceeding with the bylaw. The Planner advised that Council is aware of the potential legal challenges to the new federal legislation and provided an explanation as to why the bylaw is being brought forward at this time. Allen Lees Mr. Lees expressed concern with the security element required possibly required by large commercial producers of medical marihuana. He asked whether the cost of additional policing for such operations has been considered. Mayor Daykin advised that the District is incurring significant fire and policing costs under the current system and that is it hoped the new program will reduce some of these costs. Public Hearing Minutes November 19, 2013 Page 5 of 5 Mr. Lees asked whether increases will be reflected in the budget should they occur. Betty von Harden berg Ms. Hardenberg read and submitted a prepared statement. She advised on decisions made in other municipalities to deal with medical marihuana operations and expressed concern that the District of Maple Ridge was proposing a bylaw to allow the commercial cultivation of medical marihuana on land in the Agricultural Land Reserve. The Planner advised that the municipality currently has the right to regulate, not prohibit, commercial medical marihuana operations in the agricultural land reserve. James Poelzer, Agrima Botanicals representative Mr. Poetzer spoke to concerns put forward with respect to commercial medical marihuana operations on properties in the Agricultural Land Reserve. He advised that licensed operators will be strictly regulated and that concerns regarding safety, environment, nuisances, smell, noise, pollutants and other issues are addressed by Health Canada. Mr. Poetzer indicated that Agrima Botanicals supports the proposed bylaw. He provided a copy of his statement. There being no further comment, the Mayor declared this item dealt with. Having given all those persons whose interests were deemed affected by the matters contained herein a chance to be heard, the Mayor terminated the Public Hearing at 7:44 p.m. Certified Correct C. Marlo, Corporate Officer