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HomeMy WebLinkAbout2013-04-16 Public Hearing Meeting Agenda and Reports.pdfDistrict of Maple Ridge PUBLIC HEARING April 16, 2013 DISTRICT OF MAPLE RIDGE NOTICE OF PUBLIC HEARING TAKE NOTICE THAT a Public Hearing will be held in the Council Chamber of the Municipal Hall, 11995 Haney Place, Maple Ridge, North-East corner entrance, at 7:00 p.m., Tuesday, April 16, 2013 to consider the following bylaws: 1a) 2012-047-RZ MAPLE RIDGE ZONE AMENDING BYLAW NO. 6927-2012 LEGAL: Lot 9, District Lot 401, Group 1, New Westminster District, Plan 4769 Parcel A (Explanatory Plan 8125) Lot 8, District Lot 401, Group 1, New Westminster District, Plan 4769 Lot D, District Lot 401, Group 1, New Westminster District, Plan 21162 Lot 8 Except Parcel “A” (Explanatory Plan 8125 District Lot 401, Group 1, New Westminster District, Plan 4769 LOCATION: 22577, 22569, 22557 Royal Crescent & 11771 - 226 Street FROM: RS-1 (One Family Urban Residential) TO: RM-2 (Medium Density Apartment Residential) PURPOSE: To permit the future construction of a five storey, 48 unit apartment building. 1b) 2012-047-RZ MAPLE RIDGE ZONE AMENDING BYLAW NO. 6967-2013 LEGAL: Lot 9, District Lot 401, Group 1, New Westminster District, Plan 4769 Parcel A (Explanatory Plan 8125) Lot 8, District Lot 401, Group 1, New Westminster District, Plan 4769 Lot D, District Lot 401, Group 1, New Westminster District, Plan 21162 Lot 8 Except Parcel “A” (Explanatory Plan 8125 District Lot 401, Group 1, New Westminster District, Plan 4769 LOCATION: 22577, 22569, 22557 Royal Crescent & 11771 - 226 Street PART 6, RESIDENTIAL ZONES, SECTION 604, RM-2 MEDIUM DENSITY APARTMENT RESIDENTIAL DISTRICT is amended as follows: i. SECTION 5, Density, is amended by adding the following after 5 (e): f) The maximum floor space ratio shall be 1.89 at the following locations: 22577 Royal Crescent Parcel A (Explanatory Plan 8125) Lot 8, District Lot 401, Group 1, New Westminster District Plan 4769 22569 Royal Crescent Lot 9, District Lot 401, Group 1, New Westminster District, Plan 4769 22557 Royal Crescent Lot D, District Lot 401, Group 1, New Westminster District, Plan 21162 11771 226 Street Lot 8 Except Parcel “A” ( Explanatory Plan 8125) District Lot 401, Group 1, New Westminster District, Plan 4769 2)MAPLE RIDGE ZONE AMENDING BYLAW NO. 6971-2013 PURPOSE: To amend the Zoning bylaw to establish zoning regulations for the commercial production of medical marihuana as authorized under Federal legislation. To establish the definition of the commercial production of medical marihuana as authorized under Federal legislation, with all associated uses, to be directed into Agricultural Zones with prescribed setback requirements from property lines/schools and residential structures. AND FURTHER TAKE NOTICE that a copy of the aforesaid bylaws and copies of staff reports and other information considered by Council relevant to the matters contained in the bylaws will also be available for public inspection at the Municipal Hall, Planning Department counter, between 8:00 a.m. and 4:00 p.m. from April 5 to April 16, 2013, Saturdays, Sundays and Statutory Holidays excepted. Some of this information will also be posted on the District website www.mapleridge.ca on the Mayor & Council/Council Meetings page. ALL PERSONS who deem themselves affected by any of these bylaws shall be afforded a reasonable opportunity to be heard at the Public Hearing before Council on the matters contained in the bylaws or by making a written submission to the attention of the Manager of Legislative Services or by sending an e-mail to the Clerk’s Department at clerks@mapleridge.ca , by 4:00 p.m., April 16, 2013. All written submissions and e-mails will become part of the public record. Dated this 5th day of April, 2013. Ceri Marlo Manager of Legislative Services DEVELOPMENT APPLICATION CHECKLIST FOR FILE 2012-047-RZ File Manager: Amelia Bowden Official Community Plan or Zoning Bylaw Amendments: RECEIVED NOT REQUIRED 1.A completed Application Form (Schedule “A” – Development Procedures Bylaw No. 5879-1999) 2.An application fee, payable to the District of Maple Ridge, in accordance with Development Application Fee Bylaw no. 5949-2001. 3.A Certificate of Title and Consent Form if the applicant is different from the owner shown on the Certificate of Title. 4. A legal survey of the property(ies) 5. Subdivision plan layout 6. Neighbourhood context plan 7. Lot grading plan 8. Landscape plan*+ 9.Preliminary architectural plans including site plan, building elevations, accessory off-street parking and general bylaw compliance reconciliation*+. *These items may not be required for single-family residential applications + These items may be required for two-family residential applications, as outlined in Council Policy No. 6.01 Additional reports provided: Geotechnical Report Stage 1 Investigation 1. District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: March 4, 2013 and Members of Council FILE NO: 2012-047-RZ FROM: Chief Administrative Officer MEETING: C of W SUBJECT: First and Second Reading Maple Ridge Zone Amending Bylaw No. 6967-2012 Second Reading Maple Ridge Zone Amending Bylaw No.6927-2012 22577, 22569 , 22557 Royal Crescent and 11771 226 Street EXECUTIVE SUMMARY: An application has been received to rezone the subject properties located in the South of Lougheed Precinct of the Town Centre Area, from RS-1 (One Family Urban Residential) to RM-2 (Medium Density Apartment Residential) to permit future construction of a five storey, 48 unit apartment building. Maple Ridge Zone Amending Bylaw No. 6927-2012 was granted First Reading on May 22, 2012 to rezone the properties to RM-2 (Medium Density Apartment Residential). A second bylaw is now also required for a site specific text amendment to adjust the maximum density. This application is in compliance with the Official Community Plan. RECOMMENDATIONS: 1.That Maple Ridge Zone Amending Bylaw No. 6967- 2012 be given first and second reading and be forwarded to Public Hearing; and 2.That Zone Amending Bylaw No. 6927-2012 be given second Reading and be forwarded to Public Hearing; and 3.That the following terms and conditions be met prior to final reading: i.Approval from the Ministry of Transportation and Infrastructure; ii.Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of a security, as outlined in the Agreement; iii.Road dedication as required; iv. Consolidation of the development site; v.Registration of a Restrictive Covenant at the Land Title Office protecting the Visitor Parking; - 2 - vi. Removal of the existing buildings; and, vii. A disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks. If there is evidence, a site profile pursuant to the Waste Management Act must be provided in accordance with the regulations. DISCUSSION: a) Background Context: Applicant: 625536 B.C. LTD. Mohinder Gosal Owners: Gurbhawan and Karminder Grewal Gurjeet Johal Mukhpal and Iqbal Sangha Simranjeet Sekhon Legal Descriptions: Lot 9, D.L.:401, Group 1, NWD Plan 4769 Parcel A (Explanatory Plan 8125) Lot 8, D.L 401, Group 1, NWD Plan 4769 Lot D, D.L. 401, Group 1, NWD Plan 21162 Lot 8 Except Parcel “A” ( Explanatory Plan 8125) D.L 401, Group 1, NWD Plan 4769 OCP: Existing: Low-Rise Apartment Zoning: Existing: RS-1 (One Family Urban Residential) Proposed: RM-2 (Medium Density Apartment Residential) Surrounding Uses: North: Use: Commercial Zone: C-3 (Town Centre Commercial) Designation: Town Centre Commercial South: Use: Multi-Family Residential, Single Family Residential Zone: RS-1 (One Family Urban Residential), RM-3 (High Density Apartment), Designation: Ground Oriented Multi-Family - 3 - East: Use: Congregate Care (Residential) Zone: LUC (Land Use Contract) Designation: Low-Rise Apartment West: Use: Multi-Family Residential Zone: RM-2 (Medium Density Apartment) Designation: Low-Rise Apartment Existing Use of Property: Vacant Proposed Use of Property: Multi-Family Residential Site Area: 0.28 HA (0.7 acres) Access: Royal Crescent Lane Servicing requirement: Urban Standard b) Project Description: The applicant proposes to rezone the subject sites to allow for future construction of a five storey wood frame apartment building with underground parking. Parking will be accessed via the existing lane to the north of the site. There are a total of 48 units ranging is size from 83.5 – 139m2 (899 – 1,497ft2). The majority of dwelling units will have two bedrooms, with five one bedroom units. An indoor amenity room is provided on the ground floor, and a children’s play area is located in the north-east corner of the property. In addition to the outdoor play structure, the project Landscape Architect has incorporated seating within the landscape areas for residents to sit and enjoy the gardens on site. First floor units are designed to be ground-oriented, with outside locking doors that provide direct access to the street. The building materials will include brick veneer at the lower levels, cement panel cladding on the higher storeys, and vertical wood beams to tie the two materials in visually. The design character of this development will inform future projects in the neighbourhood. A shadow analysis was prepared by the project Architect, demonstrating the location of shadow impacts. The project has been reviewed by the Advisory Design Panel. The development site is located in the South of Lougheed Precinct of the Town Centre, and is therefore within Sub Area 1 of the Town Centre Area Incentive Program. The proposed project meets the conditions to be included in the incentive program. c) Planning Analysis: Official Community Plan: The subject properties are designated Low-Rise Apartment in the South of Lougheed Precinct, and are subject to the policies of the Town Centre Area Plan. The Low-Rise Apartment designation is intended for development in a three to five storey apartment form where units are accessed from an internal corridor and residential parking is provided underground. The Development Permit Guidelines note that residential land use form and design should - 4 - accommodate ground-oriented units with direct entrances and connection to the sidewalk. In addition, ground-oriented units provide for a pedestrian-oriented sidewalk, and are desirable for families and accessibility. The proposed development and the application for RM-2 (Medium Density Apartment Residential) zoning is consistent with this designation. Zoning Bylaw: The current application proposes to rezone the properties located at 22577, 22569, and 22557 Royal Crescent and 11771 226 Street from RS-1 (One Family Urban Residential) to RM-2 (Medium Density Apartment Residential) to permit construction of a five storey 48 unit apartment building. A site specific text amendment is also required to change the existing Floor Space Ratio (FSR) for the RM-2 (Medium Density Apartment Residential) zone from 1.8 to 1.89. This project aligns with the proposed changes to the RM-2 (Medium Density Apartment Residential) zone in the draft Zoning Bylaw. The draft zone includes an increase in height to align with the Town Centre Area Plan and an increase in density to reflect one additional storey. The proposed development aligns with these future changes. Proposed Variances: A Development Variance Permit application has been received for this project and involves the following relaxations: 1. Maple Ridge Zoning Bylaw No 3510 -1985, Part 6, Section 604, 6.3.a), to reduce the front yard setback from 7.5 to 5.6 metres; 2. Maple Ridge Zoning Bylaw No 3510 -1985, Part 6, Section 604, 6.3.a), to reduce the exterior yard setback from 7.5 to 3.32 metres; 3. Maple Ridge Zoning Bylaw No 3510 -1985, Part 6, Section 604, 6.3.a), to reduce the rear yard setback from 7.5 to 5.48 metres; 4. Maple Ridge Zoning Bylaw No 3510 -1985, Part 6, Section 604, 7, to increase the maximum height from 4 to 5 storeys. The requested variances to the RM-2 (Medium Density Apartment Residential) zone are supported by the Planning Department and will be the subject of a future Council report. Off-Street Parking and Loading Bylaw: The proposed project is in compliance with the Off-Street Parking and Loading Bylaw. In total, 55 residential parking spots and 5 visitor parking spots have been provided underground based on the reduced Town Centre Area parking requirements of one space per one bedroom unit, 1.1 spaces per two bedroom unit and 0.1 spaces per unit for visitor parking. Additionally, the applicant has provided long-term and short-term bicycle parking as required in the Town Centre Area section of the Off-Street Parking and Loading Bylaw. Based on the size of the proposed development, 14 short-term and 12 long-term bicycle parking spaces are required. Space for 16 bicycles to lock up at bike racks will be provided at the building’s front entrance, as reflected in the site and landscape plans which will satisfy the short-term - 5 - requirements. A bicycle storage room has also been provided in the underground parking area for long term bicycle parking in excess of the 12 required spaces. Development Permits: Pursuant to Section 8.11 of the Official Community Plan, the applicant has submitted a Town Centre Area – South of Lougheed (SOLO) Development Permit application to ensure the current proposal complies with key guideline concepts as outlined below:  Develop a diverse shopping, employment and residential district, The proposed higher density infill development will enhance the SOLO residential district adjacent to the shopping and employment uses on Lougheed Highway by providing an opportunity for a mixed demographic.  Create pedestrian-oriented streetscapes; The proposed project seeks to enhance the pedestrian realm with strong visual orientation from within the building and permeable visibility through landscaping to the street.  Enhance the quality, character and vibrancy of SOLO; The proposed project is designed to bring new vitality to the area with an increase in the number of residents and establish a precedent for future development.  Maintain cohesive building styles; The proposed building is consistent with similar scale buildings to the south, and will help shape a precedent for future development.  Capitalize on important views; The east/west longitudinal orientation of the proposed building allows for maximizing the number of units at the upper levels to maximize views north for mountain views and south for river views, while not affecting existing adjacent buildings’ views.  Provide public outdoor space; Given the residential nature of the proposed development, provided outdoor space is private. A children’s play area, seating, and landscaping is provided on site.  Provide climate appropriate landscaping and green features; and, The internal climate will be moderated to a degree at lower levels through shade and wind permeability of plant materials. Internal climate at the underground parking level is proposed to be moderated by landscaping over parking structure.  Maintain street interconnectivity. Access to the underground parking facility is from the rear lane to maintain a continuous sidewalk along Royal Crescent. - 6 - Advisory Design Panel: The Advisory Design Panel reviewed the form and character of the proposed apartment building development and the landscaping plans at a meeting held September 11, 2012. Following presentations by the project Architect and Landscape Architect, the Advisory Design Panel made the following resolution that: The following concerns be addressed and digital versions of revised drawings and memo be submitted to Planning staff; and further that Planning staff forward this on to the Advisory Design Panel for information.  Consider providing day light to the living room of unit B5 (SW corner)  Consider the use, color and organization of materials and details  Consider simplifying the roof line  Provide a drop in the slab outside the building to accommodate proper planting  depth  Consider changing the river rock area at the ramp to a planted area (green)  Consider providing a lattice or trellis screen to the ramp  Consider matching the color of the battens to the siding  Consider the use of panel siding as opposed to beveled siding  Consider the use of brick or concrete (instead of stone) on the landscape wall  Consider matching the design of the landscape fence with balcony railings  Consider the design of the lobby elevation to create more of a residential feeling  Provide interphone and door for visitor parking  Provide detailed trellis design  Provide details of the garbage enclosure at the lane  Locate the garbage area closer to the ramp or the security gate  Consider providing an elevator lobby access from the north side of underground  parking area  Provide a properly rendered 3D depiction of the site showing the final colors and  details to include the landscaped walls and trellis’ 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. Development Information Meeting: A Development Information Meeting was held at the Fraserview Community Hall on September 10, 2012. Following this meeting, staff were made aware that non-resident owners within 50 metres of the development site were not directly notified by mail. The applicant agreed to host a second development information meeting, and invitation letters were sent to all non-resident owners as well as occupants living within 50 metres of the development site. The second meeting was held at the Maple Ridge Leisure Centre Preschool Room on November 15, 2012. Two people attended the September meeting and six people attended the November 2012 - 7 - meeting. A summary of the comments and discussions with the attendees was provided by the applicant and include the following: 1. Traffic volume increases, traffic safety, traffic calming measures, lane traffic 2. On-street parking, adequate parking standards 3. Height and Massing 4. Form of Ownership (renters vs. owners) 5. Impact on Drainage 6. Excavation/Construction The following are provided in response to the issues raised by the public: 1. Road improvements on Royal Crescent will be required as part of the rezoning process. 2. Two additional underground parking spaces were added to the project. The provided parking meets the Off-Street Parking and Loading Bylaw. 3. The height of the proposed building is consistent with the South of Lougheed Development Permit Guidelines and a variance for building height is supported by the Planning Department. 4. The proposed development is anticipated to be individual strata units. 5. Provision for stormwater will be addressed through servicing drawings prior to Building Permit issuance. 6. The developer will be responsible for maintaining a safe site during construction. d) Traffic Impact: As the subject sites are located within 800 metres of the Lougheed Highway, a referral has been sent to the Ministry of Transportation and Infrastructure. Ministry approval of the Maple Ridge 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. e) Interdepartmental Implications: Engineering Department: The Engineering Department has reviewed the proposed development and has noted that road dedication will be required along the property frontage on Royal Crescent as well as along the rear lane. The project Engineer will be responsible for determining the necessary upgrades required for sanitary, storm, and water requirements of this development, which will be secured through a Rezoning Servicing Agreement. Upgrading of the road frontage and lane to an urban standard will also be required. Parks & Leisure Services Department: The Parks and Leisure Services Department have identified that after the subdivision is completed they will be responsible for maintaining the street trees. In the case of this project it is estimated that there will be an additional eleven trees. The Manager of Parks & Open Space has advised that the maintenance requirement of $25.00 per new tree will increase their budget requirements by $275.00. - 8 - CONCLUSION: As this project is compatible with the Town Centre Area Plan in the Official Community Plan, It is recommended that first and second reading be given to Maple Ridge Zone Amending Bylaw No. 6967-2012, that second reading be given to Maple Ridge Zone Amending Bylaw No. 6927-2012, and that application 2012-047-RZ be forwarded to Public Hearing. “original signed by Amelia Bowden”________________ Prepared by: Amelia Bowden Planning Technician “original signed by Christine Carter”___________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “original signed by Frank Quinn”______________________ Approved by: Frank Quinn, MBA, P.Eng GM: Public Works & Development Services “original signed by J.L. (Jim) Rule”_____________________ Concurrence: J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B - Maple Ridge Zone Amending Bylaw 6927-2012 Appendix C – Maple Ridge Zone Amending Bylaw 6967 - 2012 Appendix D – Building Rendering Appendix E - Site Plan Appendix F – Building Elevation Plans Appendix G – Shadow Analysis Appendix H – Landscape Plans City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Apr 25, 2012 FILE: 2012-047-RZ BY: PC 22557/69/77 ROYAL CRESCENT &11771 226 STREET CORPORATION OFTHE DISTRICT OFMAPLE RIDGE PLANNING DEPARTMENT 11715 11735 22516225692257011771 11698 2 2 5 3 3 225752259611698 226122263911767 11692 11724 05/07/09 22527225292253422538/4222535/3722544/462255022554/5822581226112261511771 11742 22541225572260222624/26226252263362/64/66 2253522565225372258011837 11778 226212264122528/302255611711 2250422503 225222254822535225882257711834 2263211760 22564/68226 ST.SELKIRK AVE.225 ST.LOUGHEED HWY.LOUGHEED H I G H W A Y LANE SELKIRK AVE. ROYAL CRES.ROYAL CRES. P 8641 3 21 A 12 A P 18056P 63225 Rem. 58 2 12 P 1009122 9 8 P 18056 22 BCP 44924 P 70416 P 48518 P 77953 1 18 2 Plan 4834 P 654524 A E P 4769 10 7 13 Rem. 1 Rem. 23 P 4769 6 P 70416 E D EP 8215REM. 15 19 19 P 21162 79 6 PARK *PP085P 8615 A1 14 13 20 W 3 5 P 4834 BCP 8886 P 9819EP 1197016 1 P 12503 1 2 15 1 P 4769 P 4769 P 8615 C 7 P 476911 PARK P 8615P 13017 LMS 715 P 9372 1 NWS 2316 70 1 W P 8615 BCP 22107 14 2 BCP 4492420 SUBJECT PROPERTIES ´ SCALE 1:1,500 APPENDIX A CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6927-2012 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 Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: 1.This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No. 6927-2012." 2.Those parcels or tracts of land and premises known and described as: Lot 8 Except: Parcel “A” (Explanatory Plan 8215); District Lot 401 Group 1 New Westminster District Plan 4769 Parcel “A” (Explanatory Plan 8215) Lot 8 District Lot 401 Group 1 New Westminster District Plan 4769 Lot 9 District Lot 401 Group 1 New Westminster District Plan 4769 Lot “D” District Lot 401 Group 1 New Westminster District Plan 21162 and outlined in heavy black line on Map No. 1571 a copy of which is attached hereto and forms part of this Bylaw, are hereby rezoned to RM-2 (Medium Density Apartment 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 22 day of May , A.D. 2012 . READ a second time the day of , A.D. 20 . PUBLIC HEARING held the day of , A.D. 20 . READ a third time the day of , A.D. 20 . APPROVED by the Minister of Transportation this day of , A.D. 20 . RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 20 . _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX B 11759/61 2246111667 11715 11735 2251611900 22525 22529 225692257011771 11857 2246622471/8511698 22531 2 2 5 3 3 225752259611698 226122263911889 11844 11771 1168822464 11767 11656 11692 11724 05/07/09 22527225292253422538/4222535/3722544/462255022554/58225812261122615226472266111695 11850 2249011697 11771 11742 22515 22527 225412255722532 2260211862 22624/2622625226332269211770 11681 11683 62/64/66 11668 11686 22535225652253022537 2258011837 11778 2262122641227102247111825 22528/3022521 22522 225242255611675 11711 2250411662 11674 22503 2252222523 2254822535225882257711834 2263211869 11876 11685 Zellers 2245611760 11680 Haney Place Mall 22526 2252822564/6811858 NORTH AVENUE 226 ST.SELKIRK AVE.225 ST.SELKIRK AVE. LOUGHEED HWY.227 STREET225 ST.226 ST.118 A AVE. LOUGHEED HIGHWAY LANE SELKIRK AVE. LANE 227 STREETFRASER ST.BRICKWOOD CLOSEROYAL CRES.ROYAL CRES. 5 BCS 1620'1' E 106' P 8641 3 16 18 21 A 12 A P 1805617 *LMP 21534 3 D P 5 414 P 4202*LMP38099Pcl EP 8383 Rem 3 6 3 P 63225 Rem. 58 2 14 12 28 P 1009122 9 8 P 18056 22 P 9190 BCP 44924 A 1 Rem.P 8658C RP 68557CP 5194 9 B N 1/2 2Rem P 8641P 43090P 414907 P 70416P 48518 P 77953 15 1 18 2 Plan 4834 P 6545227 4 A E P 4769 10 7 13 Rem. 1 Rem. 23 5 6 PARK PARK A 7 1 93 4 P 4769 6 P 70416 E D EP 8215REM. 15 BCP 44924P 6524P 9800 6 P 8181 P 19374 1 19 19 P 21162 79 24 6 15 PARK *PP085P 8615 18 A B 2 P 1244510 3Rem.of 3 3 92 1 14 P 65997 13 13 26 20 W 3 25 5 P 4834 BCP 8886 P 9819EP 1197016 1 P 12503 1 P 12445P 9800 P 24524 8 2 15 1 P 4769 P 4769 P 8615 C 7 P 476923 11 PARK P 8615P 13017 16 21 19 NWS 2977LMP 19737BCP 22107 RW 79939 EP 1 04 5 9 1 P 19374P 6645P 71022'A' 2 LMS 715 P 9372 5 1 17 NWS 2316 70 1 W P 8615 BCP 22107 14 EPP 12098B 2 BCP 4492420 P 76002P 9236BCP 44924LMP 19737LMP 9820 LMP 12816 EP 64018 RW 61238 RW 61238 EP 63801 BCP44925RW 7 7 6 4 1 BC P 9285EP 70417BCP 9286EPP 14312BCP44926 LMP 9307 EP 70417 BCP 9286LMP 46994RP 63699LMP 31454&LMP 51165 (EASE.) E P 70417 EP 65137 ´SCALE 1:2,500 MAPLE RIDGE ZONE AMENDING Bylaw No. Map No. From: To: RS-1 (One Family Urban Residential) RM-2 (Medium Density Apartment Residential) 6927-20121571 CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO.6967-2012 A Bylaw to amend the text of Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended. ___________________________________________________________ WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: 1.This Bylaw may be cited as "Maple Ridge Zone Amending Bylaw No.6967-2012." 2.PART 6, RESIDENTIAL ZONES, SECTION 604, RM-2 MEDIUM DENSITY APARTMENT RESIDENTIAL DISTRICT is amended as follows: i.SECTION 5, Density, is amended by adding the following after 5 (e): f) The maximum floor space ratio shall be 1.89 at the following locations: 22577 Royal Crescent Parcel A (Explanatory Plan 8125) Lot 8, District Lot 401, Group 1, NWD Plan 4769 22569 Royal Crescent Lot 9, District Lot 401, Group 1, NWD Plan 4769 22557 Royal Crescent Lot D, District Lot 401, Group 1, NWD Plan 21162 11771 226 Street Lot 8 Except Parcel “A” ( Explanatory Plan 8125) District Lot 401, Group 1, NWD Plan 4769 3.Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended is hereby amended accordingly. READ a first time the day of , A.D. 200 . READ a second time the day of , A.D. 200 . PUBLIC HEARING held the day of , A.D. 200 . READ a third time the day of , A.D. 200 . APPROVED by the Minister of Transportation and Highways this day of , A.D. 20 . RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 20 . _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER APPENDIX C APPENDIX D 197'-5 1/2"191'-11 1/2"90'-0"14'-9 1/4" [4.50m]28'-0" [8.53m](SETBACK)2'-9 1/2" [0.85m]2'-9 1/2" [0.85m]5'-6"14'-9 1/4" [4.50 m]19'-8 1/4" [6.00m]18'-4 1/2" [5.60m]CA4.0114'-5 3/4" [4.41m](SETBACK)31'-0 1/2"31'-0 1/2"36'-6 1/2"17'-11 3/4" [5.48m]20'-9" [6.33m]14'-9 1/2" [4.51m]10'-10 3/4" [3.32 m](SETBACK)3'-10 1/2" [1.18m]SETBACKSETBACKSETBACK MAILROOMOFFICEUPINDOOR AMENITY1,037 SFLOBBYCORRIDORUNIT B21,093 SFLIVING11'-6"x14'-0"DINING11'-6"x11'-7"BED8'-0"x13'-8"MASTER BED11'-10"x16'-6"W.I.C.8'-0"x6'-6"ENSUITE8'-0"x8'-0"BATH5'-0"x9'-5"KITCHEN8'-0"x9'-4"LANEROYAL CRESCENT40.3741.1041.4041.3741.4041.5741.35 41.2740.86 40.8140.6841.1441.2140.21m82.25mUNIT B41,337 SFLIVING14'-9"x14'-0"DINING12'-9"x9'-0"KITCHEN10'-3"x8'-0"ENSUITE8'-0"x8'-9"MASTER BED15'-8"x12'-1"LAUND.5'-0"x10'-9"BATH5'-0"x7'-0"W.I.C.9'-6"x5'-0"DEN9'-0"x9-0"BED10'-0"x11'-2"UNIT B31,229 SFBATH 5'-0"x8'-0"ENSUITE9'-0"x8'-0"W.I.C.9'-0"x7'-0"LIVING12'-0"x14'-0"DINING12'-0"x9'-10"KITCHEN8'-0"x9'-0"LAUND/STORAGE7'-8"x9'-0"BED9'-0"x10'-5"MASTER BED10'-0"x15'-7"DEN10'-0"x8'-0"ELEV.ELEV.UNIT A1899SFBED.10'-7"x13'-5"BATH8'-0x5'-0"KITCHEN8'-0"x9'-8"DEN9'-7"x7'-11"LIVING11'-3"x13'-6"DINING8'-0"x10'-7"UNIT B51,497 SFMASTER BED14'-0"x11'-6"W.I.C.7'-5"x8'-1"ENSUITE8'-0"x8'-3"STORAGE6'-3"x4'-0"DEN8'-5"x8'-0"KITCHEN8'-10"x7'-11"DINING11'-11 " x 1 4 ' - 6 "LIVING11'-11"x15'-6"ENSUITE8'-0"x8'-0"W.I.C.6'-3"x8'-0"LAUNDRY7'-5"x3'-1"MASTER BED15'-10"x11'-7"BATH5'-0"x8'-3"UNIT B1,062 SFBED.9'-0x13'-0"MASTER BED.11'-7"x15'-0"W.I.C.8'-6"x6'-4"ENSUITE8'-6"x8'-0"BATH7'-6"x5'-0"KITCHEN8'-5"x9'-4"LIVING11'-0"x17'-6"DINING8'-5"x5'-4"DEN7'-6"x5'-11"UNIT B1,062 SFBED.9'-0x13'-0"MASTER BED.11'-7"x15'-0"W.I.C.8'-6"x6'-4"ENSUITE8'-6"x8'-0"BATH7'-6"x5'-0"KITCHEN8'-5"x9'-4"LIVING11'-0"x17'-6"DINING8'-5"x5'-4"DEN7'-6"x5'-11"UNIT B1,062 SFBED.9'-0x13'-0"MASTER BED.11'-7"x15'-0"W.I.C.8'-6"x6'-4"ENSUITE8'-6"x8'-0"BATH7'-6"x5'-0"KITCHEN8'-5"x9'-4"LIVING11'-0"x17'-6"DINING8'-5"x5'-4"DEN7'-6"x5'-11"136810131415ABCDE2457911121415ABCDE2'-3 1/2" [0.70m](SETBACK)LINE OFWALL ABOVESETBACK10% RAMP DNRAMP UPRAMP UPP. EL.=40.86mP.EL.=134.06'P. EL.=38.70mP.EL.=126.97'AT DRIVEWAY RAMPPATIOPATIOPATIOPATIOPATIOPATIOPATIOPATIOPATIOPATIOPATIOQUIC K R E S P O N S E SPRINKLER HEADS ATWINDOW OPENINGQUICK RESPONSESPRINKLER HEADSAT WINDOWOPENINGSEL.41.65m (TOP OF PAVERS)EL.41.10m (TOP OF PAVERS)EL.41.43m (TOP OF LANDING)EL.41.32m (TOP OF LANDING)EL.41.10m (TOP OF PAVERS)EL.41.65m (TOP OF PAVERS)EL.41.65m (TOP OF PAVERS)EL.41.65m (TOP OF PAVERS)EL.41.65m (TOP OF PAVERS)EL.41.65m (TOP OF PAVERS)EL.41.65m (TOP OF PAVERS)EL.41.65m (TOP OF PAVERS)EL.41.65m (TOP OF PAVERS)EL.41.65m (TOP OF PAVERS)EL.41.65m (TOP OF PAVERS)EL.41.65m (TOP OF PAVERS)EL.41.65m (TOP OF PAVERS)EL.41.65m (TOP OF PAVERS) EL.41.65m (TOP OF PAVERS) EL.41.65m (TOP OF PAVERS) EL.41.05m (TOP OF WALL) EL.41.05m (TOP OF WALL) EL.41.05m (TOP OF WALL) EL.41.45m (TOP OF WALL) EL.41.45m (TOP OF WALL)EL.41.45m (TOP OF WALL)EL.41.65m (TOP OF WALL)EL.41.45m (TOP OF WALL)EL.41.65m (TOP OF WALL)EL.41.65m (TOP OF WALL)EL.41.65m (TOP OF WALL)EL.41.55m (TOP OF PAVERS) EL.40.70m (TOP OF CONC.)EL.41.55m (TOP OF CONC.)EL.41.15m (TOP OF PAVERS)EL.41.45m (TOP OF WALL)EL.41.70m (TOP OF PAVERS)EL.41.50m (TOP OFWALKWAY)EL.41.05m (TOP OF WALKWAY)EL.41.45m (FIN GRADE)EL.41.35m (FIN GRADE)QUICK RESPONSESPRINKLER HEADS ATDOOR OPENINGEL.41.05m (TOP OF WALL)EL.41.05m (TOP OF WALL) EL.41.05m (TOP OF WALL)PATIO0.85m ROAD DEDICATION0.85m ROAD DEDICATION0.70m ROAD DEDICATIONPARKING REQUIREMENTSREQUIREDPROPOSEDRESIDENTIAL52.3 STALLS RESIDENTIAL 55 STALLSVISITOR4.8 STALLSVISITOR5 STALLSTOTAL57.1 STALLS TOTAL60 STALLSSYNOPSISZONING PROPOSED ZONING: RM-2CIVIC ADDRESS22557, 22569, 22577 ROYAL CREST.LEGAL DESCRIPTIONLOT 8 EXCEPT:PARCEL "A", PARCEL "A" (EXPLANATORY PLAN 8215) LOT 8, ANDSITE AREAGROSS SITE AREA =2,832.26 SM (30,486.15 SF)DENSITYPERMITTEDPROVIDED1.85,084.07 SM / 2,688.67 SM = 1.89SITE COVERAGEGROSS SITE COVERAGE = (1,414.45 SM./2,832.26 SM.)=0.499SETBACKS (APARTMENT)REQUIREDFRONT YARD4.5M3.32 M (COLUMN FACE TO ROAD DEDICATIOWEST SIDE YARD 7.5 M8.50 MREAR YARD6.0 M5.48 M (BUILDING FACE TO LANE DEDICATIOREQUIREDPROVIDEDLOT 9 DISTRICT LOT 401 GROUP 1 NEW WESTMINSTER DISTRICT PLAN 4769LOT "D" DISTRICT LOT 401 GROUP 1 NEW WESTMINSTER DISTRICT PLAN 2116211771 226 STREET, MAPLE RIDGE B.C.BUILDING AREAGROUND FLOOR BUILDING AREA =1,182.01 SM (12,723 SF)LEVEL 2 TO LEVEL 5 BUILDING AREA =12,942 SF x 4= 4,809.41 SM (51,768 SF)BICYCLE PARKING REQUIREMENTSREQUIREDPROPOSEDSHORT TERM14.41 PER 4 UNITS=48/4=12TOTAL26.4TOTAL 2743 (2 BEDRM)x1.1 CARS=47.3 CARS 5 (1 BEDRM)x1.0 CAR= 5 CARS TOTAL BUILDING AREA =5,993.18 SM (64,510 SF)0.283226 Ha (0.699867 acres)48 UNITS/ 0.268867 Ha= 179 UHa48 UNITS/ 0.66438 Acres=72 UPA48 (1 BEDRM)x0.1 CAR= 4.8 CARS6 SPACE EVERY 20 UNITS=48/20x6=14.4LONG TERM12REQUIRED (20%)PROVIDED 20.2% 537.73 SM (2,688.67 SMx20%) (544.3 SM/2,688.67 SM=20.2%) UNIT TYPESNO. OF UNITS SM / UNIT SF / UNIT TOTAL SM TOTAL SFUNIT B3 - 2 BDRM+DEN5 114.181,229570.90 6,145UNIT B4 - 2 BDRM+DEN5 124.211,337621.05 6,685TOTAL48UNIT B - 2 BDRM+DEN19 98.661,0621,874.54 20,1785,084.07 SM 54,725 SFF.A.R.UNIT A1 - 1 BDRM+DEN5 83.52899417.60 4,495UNIT B5 - 2 BDRM+DEN5 139.081,497695.40 7,485 UNIT B2 - 2 BDRM5 101.541,093507.70 5,465INDOOR AMENITYPROVIDED=96.3 SM (1,037 SF)PARKING AREAPARKING AREA =2,189.17 SM (23,564 SF)UNIT B1 - 2 BDRM+FLEX499.221,068396.88 4,27254,725 SF / 28,940.6 SF = 1.89NET SITE AREA =2,688.67 SM (28,940.63 SF)0.268867 Ha (0.66438 acres)NET SITE COVERAGE = (1,414.45 SM./2,688.67 SM.)=0.526OPEN SPACE(NET SITE AREA)(NET SITE AREA)(GROSS SITE AREA)PERMITTEDPROVIDED1.85,084.07 SM / 2,832.26 SM = 1.8048 UNITS/ 0.283226 Ha= 170 UHa48 UNITS/ 0.699867 Acres=69 UPA54,725 SF / 30,486.15 SF = 1.80 4.41 M (COLUMN FACE TO LANE DEDICATIOAnkenman Associates Architects Inc.12321 Beecher St., Crescent Beach, BC V4A 3A7 604.536.1600JAN 11, 2013PROPOSED RESIDENTIAL DEV. FOR22557, 22569, 22577 ROYAL CREST. ANDSCALE: 1/16"=1'-0"SITE PLAN1203A1.111771 226 STREET MAPLE RIDGE, B.C.MAPLE RIDGE MEADOWS MANAGEMENT INC.1A1.1SCALE: 1/16" = 1'-0"SITE PLANREV. DATEDESCRIPTIONBY1 JULY 27, 2012 ISSUED FOR REVIEWCYW2 AUG. 21, 2012 ISSUED FOR ADPCYW3 DEC 12, 2012 RE-ISSUED FOR DPCYW4 JAN 11, 2013 RE-ISSUED FOR DPCYWAPPENDIX E EX. GRADE AT ⅊TOP OF CONC. SLAB ATEDGE PARKADE ADJACENTTO ⅊ (EL. 40.56m)13EX. GRADE AT ⅊TOP OF CONC. SLAB ATEDGE PARKADE ADJACENTTO ⅊ (EL. 40.56m)213723684569101112ELEVATION KEY NOTES:WOOD COLUMNS ON BRICK BASE1BUILT-UP WOOD FASCIA2CEMENTITIOUS CLADDING PANEL43 1/2" WIDE WOOD BATTENSINSTALLED HORIZONTALLY ANDVERTICALLY5PRECAST CONCRETE SILL6PRECAST CONCRETE LINTEL7PRE-FINISHED METAL CAP FLASHING8PRE-FINISHED VINYL DOORS ANDWINDOWS C/W DOUBLE GLAZINGAND LOW 'E' COATING3PRE-FINISHED METAL RAILING C/WTEMPERED GLAZING9BRICK VENEER10PRECAST CONCRETE CAP11DECORATIVE WOOD TRELLIS1213CONCRETE PEDESTAL BASE C/WSAND BLASTED FINISHAnkenman Associates Architects Inc.12321 Beecher St., Crescent Beach, BC V4A 3A7 604.536.1600JAN 11 2013PROPOSED RESIDENTIAL DEV. FOR22557, 22569, 22577 ROYAL CREST. ANDSCALE: 3/32"=1'-0"ELEVATIONS1203A3.111771 - 226 STREET MAPLE RIDGE, B.C.MAPLE RIDGE MEADOWS MANAGEMENT INC.1A3.1SCALE: 3/32" = 1'-0"SOUTH/ FRONT ELEVATION2A3.1SCALE: 3/32" = 1'-0"EAST/ FRONT ELEVATIONREV. DATEDESCRIPTIONBY1 JULY 27, 2012 ISSUED FOR REVIEWCYW2 AUG. 21, 2012 ISSUED FOR ADPCYW3 DEC 12, 2012 RE-ISSUED FOR DPCYW4 JAN 11, 2013 RE-ISSUED FOR DPCYWAPPENDIX F EX. GRADE AT ⅊TOP OF CONC. SLAB ATEDGE PARKADE ADJACENTTO ⅊ (EL. 40.56m)1040.81mEX. GRADE AT ⅊21378569410111213ELEVATION KEY NOTES:WOOD COLUMNS ON BRICK BASE1BUILT-UP WOOD FASCIA2CEMENTITIOUS CLADDING PANEL43 1/2" WIDE WOOD BATTENSINSTALLED HORIZONTALLY ANDVERTICALLY5PRECAST CONCRETE SILL6PRECAST CONCRETE LINTEL7PRE-FINISHED METAL CAP FLASHING8PRE-FINISHED VINYL DOORS ANDWINDOWS C/W DOUBLE GLAZINGAND LOW 'E' COATING3PRE-FINISHED METAL RAILING C/WTEMPERED GLAZING9BRICK VENEER10PRECAST CONCRETE CAP11DECORATIVE WOOD TRELLIS1213CONCRETE PEDESTAL BASE C/WSAND BLASTED FINISH8x8 WOOD POST SECUREDTO CONC. RET. WALL (O/SFACES ALIGNED WITH BRICKCOLUMNS OPPOSITE)3x12 WOOD BEAM BOTHSIDES OF 8X8 WOOD POSTS8x8 KNEE BRACE SECUREDTO 8X8 POST ANDCONTINOUS BETWEEN3X12BEAMS3'-10"3'-0"10'-10"3'-0"10'-10"3'-0"8'-4"3'-0"3'-10"3X12 WOOD PURLINSSPANNING WIDTH OFACCESS RAMP4X4 CROSS PURLINS(9 TOTAL AT EACHSECTION OF SPANNING3X12'S)8x8 WOOD POST SECUREDTO CONC. RET. WALL (O/SFACES ALIGNED WITH BRICKCOLUMNS OPPOSITE)10'-6"EQ2'-2"2'-2"2'-2"EQ2'-10"2'-10"ALUMINUM FENCE(REFER TO LNDSCP. DWGS)TOP OF CONC. WALLEX. GRADE AT ⅊LINE OF ACCESS RAMPAnkenman Associates Architects Inc.12321 Beecher St., Crescent Beach, BC V4A 3A7 604.536.1600JAN 11 2013PROPOSED RESIDENTIAL DEV. FOR22557, 22569, 22577 ROYAL CREST. ANDSCALE: 3/32"=1'-0"ELEVATIONS1203A3.211771 - 226 STREET MAPLE RIDGE, B.C.MAPLE RIDGE MEADOWS MANAGEMENT INC.1A3.2SCALE: 3/32" = 1'-0"NORTH/ REAR ELEVATION2A3.2SCALE: 3/32" = 1'-0"WEST/ SIDE ELEVATIONREV. DATE DESCRIPTION BY1 JULY 27, 2012 ISSUED FOR REVIEW CYW2 AUG. 21, 2012 ISSUED FOR ADP CYW3 DEC 12, 2012 RE-ISSUED FOR DP CYW4 JAN 11, 2013 RE-ISSUED FOR DP CYW3A3.2SCALE: 3/16" = 1'-0"TRELLIS AT PARKADE ENTRY APPENDIX G 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:New Westminster, BCFax: 604-553-0045V3M 3L7Tel: 604-553-0044220 - 26 Lorne MewsAPPENDIX H 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:New Westminster, BCFax: 604-553-0045V3M 3L7Tel: 604-553-0044220 - 26 Lorne Mews 2. 1 District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: March 4, 2013 and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: C of W SUBJECT: Proposed Bylaw Amendments to direct the use of Medical Marihuana Production First and Second Reading Zone Amending Bylaw No. 6971-2013 EXECUTIVE SUMMARY: This report introduces a Zoning Bylaw amendment to establish zoning regulations for the commercial production of medical marihuana as authorized under Federal legislation. It summarizes the rationale for this approach and the steps taken in affirming Council direction for this process. To advance this matter further, a report was presented at the November 19, 2012 Council Workshop that outlined a rationale for restricting this use to agricultural zones. The report was then forwarded to the Council meeting of November 27, 2012, where Council passed the following resolution: That staff be directed to work with legal counsel to prepare Zoning and other bylaw amendments as needed to establish the production of medical marihuana (as authorized under the Marihuana Medical Access Regulations) as a permitted use in agricultural zones only, in suitably designed and serviced structures, subject to siting and setback restrictions. Council raised additional concerns requiring separation between this use and schools. This issue will be explored further in the body of this report. It is important to note that Federal Marihuana Regulation is changing rapidly. It is expected that the current system of existing personal use licences and designated person licences will be phased out by April 14, 2014. In its place, new Federal licences are anticipated, geared to larger scale production facilities capable of meeting the needs of greater numbers of prescription users. As an interim measure, in anticipation of being granted a commercial licence, interested parties may engage in research and development activities. This research and development phase is intended to improve quality and efficiency in the production process and requires approval from Health Canada in order to proceed. To regulate this use, it is recommended that Council proceed with the Zoning Bylaw amendment as proposed. This is a timely matter, as recent history has revealed the potential adverse health and safety, social, environmental and law-enforcement implications of marihuana production in the community. However, if this use is directed into appropriate zones, with the requirement of appropriate security measures, these impacts may be minimized. 2 RECOMMENDATION: That Zone Amending Bylaw No. 6971-2013, to establish the regulations for the commercial production of medical marihuana, be given First and Second Readings and be forwarded to Public Hearing. DISCUSSION: a) Background Context: Information in the November 19, 2012 Council Workshop report may be summarized as follows:  In 1997, the use of medical marihuana became accepted as necessary for medical treatment for those with legitimate need, although it remained illegal to distribute marihuana.  In 2001, the Marihuana Medical Access Regulations were adopted by the Federal Government, based on the understanding that it could ease symptoms related to terminal illness or chronic conditions, and provided a means of access for those afflicted.  In 2003, under the authority of Health Canada, dried product or seeds became available to those authorized to obtain them. That plan remains largely intact to this day.  As of December 2011, there were 3600 people within British Columbia authorized to possess medical marihuana. About 1200 people are licensed to grow the product. Many of those licensed to possess medical marihuana also grow it within their homes. In practice, allowing this use in residential areas and other population serving areas is associated with numerous issues, including;  the need for appropriate communication channels between growers, building officials, and law enforcement officers.  potential fire, electrical and safety code violations leading to health and safety concerns  potential increased risk of electrical fires damaging adjacent properties or businesses sharing a common wall.  combined impacts of home invasions, organized crime infiltrating legal operations, poor accountability with those licensed to grow, and significant potential for diversion of legal product to the illegal market.  carbon monoxide is commonly a high risk in non professional grow operations which is a undetectable but serious health risk.  current practices often lead to the generation of large amounts of often improperly handled waste. The November 19, 2012 report also acknowledged that changes were being proposed for Federal legislation regarding this use:  Health Canada, the licensing authority for medical marihuana, was revising its program for regulating licensed producers and is introducing additional compliance standards related to public health, best management practices, and accountability. 3  Licensed producers would have to demonstrate compliance with requirements for product quality, personnel, record-keeping, safety and security, disposal and reporting.  The existing system of individual growers and licenses would likely be phased out in favour of new Federal legislation in 2014. New Federal Legislation On December 16, 2012, the Federal Minister of Health released a press release proposing a new program, called Marihuana for Medical Purposes Regulations (MMPR). The objective of the new program is to redress problems incurred by the current Marihuana Medical Access Program, and to establish a regulated commercial market of licensed producers responsible for the production and distribution of medical marihuana. Extensive security and quality control requirements are to be established, such as:  Employment of a quality assurance person with appropriate training, experience and technical knowledge to improve marihuana quality;  Indoor production site in a non-residential structure to maximize security and minimize risks to human health and safety;  Extensive security measures such as; o restricted-access areas, which would include all areas where a licensed activity is conducted; o controlled access to the production site with 24/7 visual monitoring systems and an intrusion detection system to detect unauthorized access; o valid security clearance for staff, issued by the Federal Minister of Health; and, o full disclosure of operation to the local police force, local fire authority and local government. Prospective producers will not become licensed until the proposed Marihuana for Medical Purposes Regulations come into effect. However, they have the option to become authorized to conduct research and development activities with marihuana, including testing marihuana plant materials and growing conditions. Engaging in research and development activities could assist potential licensed producers in obtaining a licence once Federal regulations are adopted. These proposed regulations will change the way Canadians access marihuana for medical purposes, but will not be finalized until the proposed Marihuana for Medical Purposes Regulations (MMPR) come into force (expected in spring 2013). It is expected that for a short time, there will be some overlap between the emerging Marihuana for Medical Purposes Regulations (MMPR) program and the Marihuana Medical Access Program (MMAP) which will end on March 31, 2014. Legislative changes and technological advances will assist in alleviating some of the problems associated with the current situation. Health Canada regulations will increase the potential for improved management practices and better regulation of the industry. Technological advances will favour strategic capital investment to create energy efficient production in secure buildings. b) Desired Outcome: The challenge for the District of Maple Ridge is to manage risks by directing this land use into an appropriate zone in a purpose built structure. The District also must recognize the issue of personal access and supply to medical marihuana as authorized under the Marihuana Medical Access Regulations. A further challenge is to prepare for the changes in Federal legislation under the new Marihuana for Medical Purposes Regulations (MMPR). 4 A proposed Zoning Bylaw amendment for this purpose is timely, as the District has the option of directing this use into areas that will cause the least amount of negative impact. In a recent bulletin published by Young Anderson, the following statement was made: Municipalities should expect that business enterprises will be aggressive in establishing these uses, given the significant demand for the product, the scarcity of legal supply that can be expected when existing personal-use licenses are phased out, and the financial advantages that will accrue to early entrants into the industry1. Due to odor, indoor air quality impacts, and fire and safety concerns, it is recommended that residential and commercial zones and other population serving areas not be considered for the commercial production of marihuana as authorized under Federal legislation. Industrial zones may be considered suitable, however, the challenges associated with this use include maintaining air quality in multi-tenanted structures. In addition, industrial sites may be less suitable for processing the significant amount of organic waste produced as part of the operation. On this basis, the recommendation is to direct the commercial production of medical marihuana as authorized under Federal legislation into agricultural zones, within purpose built structures and with siting regulations from property lines and residential uses. It should also be pointed out that future trends in greenhouse production indicate capital intensive investments specifically designed to create a controlled environment conducive to predictable plant growth. With the use of energy efficient LED lighting, unpredictable but formerly essential elements such as weather will not be required with this process. Purpose built structures, if constructed for marihuana production, could also be used for other horticultural products. By directing these uses in agricultural areas, a wider range of potential horticultural uses is possible. The lifecycle of such a structure and the value of this asset could be thereby extended if a license to grow medical marihuana was discontinued2. c) Strategic Alignment The District acknowledges through its Corporate Strategic Plan the responsibility and jurisdiction for many decisions that support sustainability and minimize global impacts in managing land use, water, and waste. One of the major contributing factors to achieving sustainability in Maple Ridge is addressing climate change. To address climate change, Maple Ridge is seeking to reduce greenhouse gas emissions both in corporate operations and in the community. These reductions are part of the District’s commitment to becoming carbon neutral and reducing the District’s carbon footprint. The Maple Ridge Official Community Plan contains policies with a similar goal, as follows: 5 - 43 The District of Maple Ridge will use an integrated approach to reduce and mitigate the effects of climate change through the following; g) encouraging low impact development measures where possible. 5 - 45 The District of Maple Ridge has a goal to reduce community greenhouse gas emissions by 33% below 2007 levels by 2020 and 80% by 2050. Significant environmental impacts are associated with current practices and production techniques for medical marihuana, including greenhouse gas emissions. It is therefore consistent with the 1 Young Anderson, Barristers and Solicitors, Client Bulletin “Changes in Federal Marihuana Regulation” January 16, 2013, p 3. 2 Current land values would likely make it economically feasible for a wider range of horticultural products to be produced in greenhouse structures on agricultural land as opposed to industrial land. 5 District’s strategic direction that the commercial production of medical marihuana as authorized under Federal legislation be directed into areas that are suitable for all stages of its productive cycle, including the management of organic wastes. In this instance, the most suitable location is within an agricultural zone. d) Citizen/Customer Implications: This Zoning Bylaw amendment is intended to meet the needs of Maple Ridge residents. Those with demonstrated need require a reliable source of medical marihuana. The District has a responsibility to ensure that its structures intended for human habitation are safe for the use intended. By establishing a separation between this use and residential structures, the District will be reducing the risks of secondary impacts on residential users. These impacts include air quality impacts, increased risk of fire, and potential theft and violence. At the Council meeting of November 27, 2012, Council indicated that a separation requirement be made between this proposed use and school sites within the District. Section 53 of the Marihuana Medical Access Regulations provides that the holder of a licence issued under the Regulations shall not produce marihuana outdoors if the production site is adjacent to a school, public playground, day care facility or other public place frequented mainly by persons under 18 years of age. The proposed Marihuana for Medical Purposes Regulations does not address the issue presumably because the Regulations only permit the production of medical marihuana indoors. There are currently three agriculturally zoned sites in close proximity to schools (attached as Appendix B), but aside from these exceptions, there is generally significant separation between zones which permit schools and properties with agricultural zoning. Recognizing the proposed changes in Federal legislation and in order to minimize the potential for conflicts between the use and children under the age of 18 in attendance at a school, a minimum distance separation requirement is recommended. e) Interdepartmental Implications: As the municipal implications of anticipated changes to Federal legislation become clearer, other Maple Ridge bylaws, such as the Business Licensing and Regulation Bylaw may require further review in order to adapt to these changes. In advance of a formal Council direction for the commercial production of medical marihuana as authorized under the Marihuana Medical Access Regulations, the Building Department has developed guidelines aimed at protecting residential users from some of the deleterious effects of these operations. The Building Department confirms that as a condition of issuance of a building permit, adequate ventilation must be provided in all facilities that produce medical marihuana. These ventilation requirements must meet Workers Compensation Benefit guidelines. Policy Implications: By recognizing the commercial production of medical marihuana as authorized under Federal legislation as an agricultural use, and by this use into agricultural zones, the District is ensuring a consistent direction with its Official Community Plan and its Agricultural Plan. 6 Official Community Plan. Policy 6-9 of the Official Community Plan states the following: Maple Ridge supports the policies and regulations of the Agricultural Land Commission Act and the Farm practices Protection Act in its land uses and will review its bylaws affecting farmland and farm operations for consistency with these provincial acts regulations, and guidelines. As this use is permitted within the Agricultural Land Reserve, and is recognized as a farm use, it is consistent with the direction of the Official Community Plan and with the mandate of the Agricultural Land Commission to allow this use on agricultural land. Agricultural Plan The Maple Ridge Agricultural Plan notes that there is limited diversity in our agricultural sector. As stated in Goal 8 of the Plan: Pursuing diversity in local agriculture is a way of ensuring that agricultural land use is capable of adaptive response to, and recovery from, challenges to food security, and other amenities valued by society. More diversity creates more ability for successful response and promotes resiliency in agricultural land use. Diversified agricultural activity (equestrian, agro- tourism) will protect the land base through active use, create demand for services and workers, and support the infrastructure also required for food production. While limited, the potential benefits that could arise from directing this use on agricultural land include the increased incentive for private investment in improvements on agricultural properties. The life cycle of a “cutting edge” compact facility could be extended to other agricultural uses, including food production. There would also be greater potential for other complementary uses on the same site, such as composting. Proposed Zoning Bylaw Amendments A recommended approach is to recognize the commercial production of medical marihuana as authorized under Federal legislation and establish standards for its siting in the Zoning Bylaw. If this use is to be included in the Zoning Bylaw, the following amendments are proposed: Part 2 Interpretation - Definitions: Medical marihuana is an agricultural use but due to the impacts it has in proximity to residential areas and other population serving areas, it is recommended that it be defined specifically. This proposed bylaw amendment provides an opportunity to establish regulations in the Zoning bylaw specifically for this use, as follows: Medical Marihuana, Commercial Production means the use of premises for the cultivation, processing, testing, packaging and shipping of marihuana used for medical purposes as authorized under the Controlled Drugs and Substances Act (Canada) or any regulations made pursuant to that Act, and includes the sale of marihuana used for medical purposes only to customers who are not present on the premises. Part 4 General Regulations: Section 401 of the Zoning Bylaw prohibits uses of Land, Buildings and Structures. It is recommended that a subsection be added to make it clear that the commercial cultivation, processing, testing, packaging, shipping and sale of marihuana for medical purposes is only permitted in the agricultural zones and is not permitted in any other zone. 7 Part 5 Agricultural Zones: Section 503 of the Zoning Bylaw establishes siting requirements for permitted uses use in agricultural zones. The Bylaw has established siting requirements for mushroom growing and the keeping of swine that exceed other siting requirements in the Bylaw and are considered suitable for the commercial production of medical marihuana as authorized under Federal legislation. Recognizing the proposed changes in Federal legislation and in order to minimize the potential for land use conflicts between the use and schools, Zone Amending Bylaw 6971-2013 includes the requirement that the commercial production of medical marihuana shall not be located within 200 metres of an elementary or secondary school. The recommended siting requirements for the commercial production of medial marihuana are as follows: “503(7) Buildings and structures for Medical Marihuana, Commercial Production as authorized under Federal legislation: (a) shall be sited not less than: (i) 60 metres from front and exterior side lot lines; (ii) 30 metres from rear and interior side lot lines; (iii) 30 metres from all wells and streams; (iv) 30 metres from all buildings used for one family residential use, accessory employee residential use or temporary residential use. (b) shall be located not less than 200 metres from an elementary or secondary school, measured from the nearest point of the lot line of the Medical Marihuana, Commercial Production use to the nearest point of the lot line of the elementary or secondary school.” Alternatives: The recommended approach is to amend the Zoning Bylaw to permit the commercial production of medical marihuana as authorized under Federal legislation in the agricultural zones. This approach is consistent with Council direction given on November 27, 2012. A municipality may, however, have the right to prohibit the commercial production of medical marihuana: Whether municipalities are required to accommodate commercial marihuana production under the proposed new federal scheme is a different question. As a general proposition, it is not necessary for a local government to permit every conceivable land use in its zoning regulations. If patients with marihuana prescriptions are able to fill the prescription by registered mail or bonded courier, or by dealing with a licenced producer / supplier in a neighbouring municipality, they might be considered to have reasonable access to the drug such that a local prohibition of this use would not be a contravention of the Charter3. Based on this information, Council may have the option of prohibiting this use but further review is advised. 3 Young Anderson, Barristers and Solicitors, Client Bulletin “Changes in Federal Marihuana Regulation” January 16, 2013, p 2. 8 CONCLUSION: Local governments have the power and the responsibility to direct suitable locations for the commercial production of medical marihuana as authorized under Federal legislation, based on sound planning rationale. For the District of Maple Ridge, Council direction has been to permit this use to take place in agricultural zones. The proposed Zoning Bylaw amendment aims to meet current and future needs and challenges, and minimize the social, economic, and environmental impacts within the community. The recommendation is to give Bylaw No. 6971-2013 First Reading and Second Reading and forward to Public Hearing. "Original signed by Diana Hall" _______________________________________________ Prepared by: Diana Hall, MCIP, RPP Planner II "Original signed by Christine Carter" _______________________________________________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning "Original signed by Frank Quinn" _______________________________________________ Approved by: Frank Quinn, MBA, P. Eng GM: Public Works & Development Services "Original signed by J.L. (Jim) Rule" _______________________________________________ Concurrence: J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A: Zoning Text amendment 6971-2013 Appendix B: Agricultural Zoned properties in close proximity to schools. Appendix C: Young Anderson, Barristers and Solicitors, Client Bulletin “Changes in Federal Marihuana Regulation” January 16, 2013 CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6971-2013 A Bylaw to amend the text of Maple Ridge Zoning Bylaw No. 3510 - 1985 ___________________________________________________________ WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: 1.This Bylaw may be cited as “Maple Ridge Zone Amending Bylaw No. 6971-2013” 2.Maple Ridge Zoning Bylaw No. 3510 – 1985 is hereby amended as follows: a)PART 2 INTERPRETATION, is amended by the addition of the following definition in correct alphabetical order: “Medical Marihuana, Commercial Production means the use of premises for the commercial cultivation, processing, testing, packaging and shipping of marihuana used for medical purposes as authorized under the Controlled Drugs and Substances Act (Canada) or any regulations made pursuant to that Act, and includes the sale of marihuana used for medical purposes only to customers who are not present on the premises.” b)PART 4, GENERAL REGULATIONS, Section 401, USES OF LAND, BUILDINGS AND STRUCTURES is amended by the addition of the following prohibited use as subsection (3)(e): “commercial cultivation, processing, testing, packaging, shipping and sale of marihuana, except as specifically permitted in the A-1, A-2, A-3, A-4, and A-5 zones.” c)PART 5, AGRICULTURAL ZONES, Section 501, PERMITTED USES OF LAND, BUILDINGS AND STRUCTURES IN THE AGRICULTURAL ZONES is amended by the addition of the following permitted use after Detached Garden Suite Use: “(16) Medical Marihuana, Commercial Production” d)PART 5, AGRICULTURAL ZONES, Section 503, SITING OF BUILDINGS AND STRUCTURES IN AGRICULTURAL ZONES is amended by the addition of a new subsection (7) as follows: “(7) Buildings and structures for Medical Marihuana, Commercial Production as authorized under Federal legislation: (a) shall be sited not less than: (i) 60 metres from front and exterior side lot lines; (ii) 30 metres from rear and interior side lot lines; (iii) 30 metres from all wells and streams; (iv) 30 metres from all buildings used for one family residential use, accessory employee residential use or temporary residential use. APPENDIX A (b) Shall be located not less than 200 metres from an elementary or secondary school, measured from the nearest point of the lot line of the Medical Marihuana, Commercial Production use to the nearest point of the lot line of the elementary or secondary school.” READ a first time the day of 2013 READ a second time the day of 2013 PUBLIC HEARING held the day of 2013 READ a third time the day of 2013 RECONSIDERED AND FINALLY ADOPTED, the day of 2013 _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER City of PittMeadows District ofLangley District of MissionFRASER R.DATE: Feb 1, 2013FILE: SchoolSitesALR_Letter BY: DT School Sites and Agricultural Zones CORPORATION OFTHE DISTRICT OFMAPLE RIDGE PLANNING DEPARTMENT 121 AVE LANE240 ST243 ST238B ST241 ST124 AVE 240 ST124 AVE 125 AVE ABERNETHY WAY 238A ST238B ST240 ST241 ST120A LANE 124 AVE 240 ST120B AVE 120B AVE LANE 239B ST240 ST240 STMeadowridge A-4 The Corporation of the District of Maple Ridgemakes no guarantee regarding the accuracyor present status of the information shown onthis map. ´ Scale: 1:5,000 100m APPENDIX B City of PittMeadows District ofLangley District of MissionFRASER R.DATE: Jan 30, 2013FILE: SchoolSitesALR_Letter BY: DT School Sites and Agricultural Zones CORPORATION OFTHE DISTRICT OFMAPLE RIDGE PLANNING DEPARTMENT MEADOW PL SKILLEN STWICKLUND AVE NORFOLK PL123 AVE 124 AVE 125 AVE 123 AVE MCTAVI SH PLFOREST PLDAWSON PL208 ST209 ST212 ST123B AVE 209 ST210 ST123 AVE MCCALLUM CRT WICKLUND AVE ALPINE CRES 210 ST122 AVE STONEHOUSE AVE FABER CRES208 STSKILLEN ST211 STSCHMIDT CRESMEADOW BROOK PL212 STSKILLEN STBLANSHARD STDOUGLAS AVE 122 AVE LANE 123 AVE Westview Secondary Laity View Elementary A-2 A-2 The Corporation of the District of Maple Ridgemakes no guarantee regarding the accuracyor present status of the information shown onthis map. ´ Scale: 1:5,000 City of PittMeadows District ofLangley District of MissionFRASER R.DATE: Feb 1, 2013FILE: SchoolSitesALR_Letter BY: DT School Sites and Agricultural Zones CORPORATION OFTHE DISTRICT OFMAPLE RIDGE PLANNING DEPARTMENT232 ST232 ST128 AVE 126 AVE 128 AVE 129 AVE 1 3 0 A V E DOGWOOD AVE 128 AVE234B ST231 ST232 ST128 AVE 235 ST232 STDOGWOOD AVE CALVIN CRES 235 STYennadon Elementary A-1 The Corporation of the District of Maple Ridgemakes no guarantee regarding the accuracyor present status of the information shown onthis map. ´ Scale: 1:5,000 45m JANUARY 16, 2013 CLIENT BULLETIN Changes in Federal Marihuana Regulation Late in 2012 the federal Minister of Health announced pending changes in federal policy regarding the production of marihuana for medicinal purposes. Essentially, the government is proposing to abandon the “personal use license” approach that has led to the establishment of thousands of individual “grow-ops” around the country, and the related “designated person licenses”, in favour of the licensing of more centralized, commercial-scale indoor marihuana production facilities. The government would close its marihuana production facility in Saskatchewan and get out of the business of marihuana sales, existing personal use licences and designated person licences (under which non-patients were allowed to grow marihuana to meet someone else’s medical needs) would expire on April 1, 2014, and new licence applications under the existing regulations would not be accepted after September 30, 2013. While the government is not changing the basic rule that possession and use of marihuana for medicinal purposes requires a prescription, it is proposing to eliminate the closed list of categories of conditions or symptoms for which marihuana may be prescribed, leaving this up to the patient’s physician to determine. Persons for whom the use of marihuana has been prescribed for medicinal purposes would be able to purchase the drug in dried form from licensed suppliers in person, or by registered mail or bonded courier. If the take-up of personal use licences is any indication – the number of licensees increased nationally from 477 in 2002 to about 25,000 in 2012 - we should expect that there will be a high degree of interest in commercial marihuana production. These changes have important implications for Canadian municipalities, which were heavily involved in efforts to have the federal government re-assess the existing regulatory scheme. Some B.C. municipalities have amended their zoning regulations to prohibit marihuana production by holders of personal use or designated person licences – a prohibition that engages Charter of Rights and Freedoms issues – while others have attempted to expressly accommodate such production as a use accessory to residential uses where required for medical purposes, while prohibiting production facilities (such as marihuana dispensaries and so-called “compassion clubs”) having a larger scale or lacking a federal licence. Many municipalities have adopted bylaws that address the remediation of residential premises that have been damaged by marijuana production activities, many of which are suspected of operating under the cover of federal personal-use or designated-person licences, and attempt to recover municipal bylaw enforcement and policing costs as well. All of these approaches will have to be carefully reconsidered in view of the proposed changes in federal law. APPENDIX C 2 Under the new federal scheme, we believe that federally licensed marihuana producers would have to comply with all applicable provincial and municipal regulations, including building and zoning bylaws. In regard to zoning, this will immediately raise questions as to whether this land use – which is essentially a horticultural use with onerous security requirements – is permitted by existing commercial, industrial or agricultural zoning regulations; if so, whether the use should continue to be permitted given the particular land use impacts associated with the production of a federally controlled substance (which might be different from those associated with the production of other plant-based medical products like ginseng); and if not, whether and where the use might be suitable in the municipality or rural area in question. (Ordinarily a commercial drug production use of this type would not fit within the regulations applicable to residential zones.) Relevant considerations will include whether existing zoning already permits the commercial production of drugs or controlled substances other than marihuana (usually this would be a manufacturing use), and whether there is anything different about marihuana production that warrants different zoning treatment; whether the federal government’s security requirements for these facilities can be accommodated given building form and character requirements (for example the government requires physical barriers such as fencing); and whether requirements for air filtration systems and an uninterruptible supply of power for on-site security systems (which will necessitate the installation and use of on-site generators) can be accommodated without creating a local nuisance. The case law on the Controlled Drugs and Substances Act has established that individuals who need marihuana for medical purposes have a right to reasonable access to a legal source of marihuana under the Canadian Charter of Rights and Freedoms, and the proposed changes to federal regulations are an attempt on the part of Health Canada to accommodate this right. Municipalities are also subject to the Charter, and we have in the past suggested that local zoning regulations that prohibit the growing of medical marihuana under a personal use licence may be unconstitutional. Whether municipalities are required to accommodate commercial marihuana production under the proposed new federal scheme is a different question. As a general proposition, it is not necessary for a local government to permit every conceivable land use in its zoning regulations. If patients with marihuana prescriptions are able to fill the prescription by registered mail or bonded courier, or by dealing with a licenced producer/supplier in a neighbouring municipality, they might be considered to have reasonable access to the drug such that a local prohibition of this use would not be a contravention of the Charter. The proposed federal regulations would not permit marihuana production in residential dwellings, and would permit only indoor marihuana production and storage. Applicants for federal licences (which would be good for three years, and renewable) would be obliged to give notice of their application to the local police force, local fire authority and local government. The proposed regulations do not require applicants to make any representation to Health Canada as to whether marihuana production and storage are permitted under local zoning regulations, or expressly require or allow Health Canada to refuse to approve a licence application if it would not comply with local zoning, but local governments should obviously advise Health Canada as to any zoning issues as soon as they receive notice of a licence application from the applicant (providing a copy of that advice to the applicant). Our review of the proposed regulation suggests that Health Canada will have discretion not to approve a licence if the appropriate local zoning is not in place. 3 In the event that a federal licence is issued notwithstanding that the use is not permitted by the applicable zoning regulations, we see no reason that the zoning regulations would not be enforceable should the licence holder undertake the use. Health Canada’s regulatory impact analysis statement for the proposed regulations states that “the proposed [Marihuana for Medical Purposes Regulation] would enable an entirely new industry to be created in Canada”. Some B.C. municipalities have already received inquiries from entrepreneurs inquiring as to whether and where commercial marihuana production would be permitted by existing zoning regulations. Municipalities should expect that business enterprises will be aggressive in establishing these uses, given the significant demand for the product, the scarcity of legal supply that can be expected when existing personal-use licenses are phased out, and the financial advantages that will accrue to early entrants into the industry. Some municipalities may see these changes as opening opportunities for economic development and the creation of long-term local employment, while others may see the social, environmental and law- enforcement implications of marihuana production in local commercial-scale facilities as something to be avoided. Local governments should also be considering the effect of the expiry of existing personal-use and designated-person licences, including whether the continuation of marihuana production in previously licensed premises would constitute an offence under local bylaws, whether police forces will be enforcing the Controlled Drugs and Substances Act in relation to such premises, or whether the local government will be left to consider on its own whether to attempt to enforce local bylaws in relation to such activities. The new federal regulations and related material, including draft building and production security requirements for marihuana production facilities, can be reviewed on the Health Canada website at http://www.hc-sc.gc.ca/ahc-asc/media/nr-cp/_2012/2012-193-eng.php Bill Buholzer Alyssa Bradley