Nov 24,2009 Regular Council
Committee of the Whole
Moved, seconded and CARRIED
THAT the Cost Leadership item be deferred to the January 12, 2010 Committee of the Whole meeting.
Moved, seconded and CARRIED
THAT the 2009 annual report of the Environmental Protection Committee be received and that the Environmental Protection Committee be asked to review this report in 2010 and bring forward its annual work plan;
AND THAT members of the 2009 Environmental Protection Committee be thanked, on behalf of the chair and council, for their contribution and dedication to environmental leadership.
Councillor Dilworth thanked Councillor Clay for attending meetings during her recent leave of absence.
Moved, seconded and CARRIED
THAT the Community Care Committee 2009 annual report be received;
AND THAT the Community Care Committee be asked to review this report and bring forward its annual work plan by February 2010.
Moved, seconded and CARRIED
THAT the 2009 annual report of the Parks & Recreation Commission be received.
Public Hearing
1.1 Zoning Bylaw Amendment to the Community Commercial (C3) Zone for 300 Panorama Place
"City of Port Moody Zoning Bylaw 1988, No. 1890,Amendment Bylaw No. 196,2009, No. 2817" a bylaw to facilitate the construction of a mixed use building to permit live-work and child care uses at 300 Panorama Place.
The Director of Planning and Development Services advised of the purpose of the proposed amendment to expand the C3 zone to include childcare and live-work use.
CORRESPONDENCE:
E-Mail: Jack Smith, 87-2000 Panorama Drive, Port Moody dated November 5, 2009
Letter: Jack Smith, 87-2000 Panorama Drive, Port Moody dated November 24, 2009
Letter: Yoo-Young Smith, 87-2000 Panorama Drive, Port Moody dated November 24, 2009
Letter: Kathleen Bartels, 88-2000 Panorama Drive, Port Moody dated November 24, 2009
Letter: Gary Grant, 90-2000 Panorama Drive, Port Moody dated November 23, 2009
Letter: Maximillian Goli, 86-2000 Panorama Drive, Port Moody dated November 24, 2009
Letter: Olga Yarotski, 3-2000 Panorama Drive, Port Moody dated November 24, 2009
Letter: Aileen Goli, 86-2000 Panorama Drive, Port Moody dated November 24, 2009
Letter: Margaret Duncan Grant, 90-2000 Panorama Drive, Port Moody dated November 23, 2009
Letter: Sherry and Christian Jensen, 40 – 2200 Panorama Drive, Port Moody dated November 23, 2009
Letter: Kelly Hawboldt, 110 – 2200 Panorama Drive, Port Moody dated November 24, 2009
PUBLIC REPRESENTATIONS:
Jack Smith, 87-2000 Panorama Drive, Port Moody, spoke in opposition of the proposal expressing concern with the following:
placement of childcare space not suitable;
lack of identified and required outdoor space, and opposition with using public space;
height of rooftop fencing, patio umbrellas, etc. affecting the view of current residents;
noise from childcare facility;
number of proposed parking spaces;
potential financial loss due to disruption of view corridor; and,
the fit of live/work in the neighbourhood.
Deana Grinnell, Manager, Land Development, ParkLane Homes, provided a brief overview of proposal noting the following:
the proposed site will contain 5 live/work units, 1 commercial space;
public consultation feedback indicated that a solely commercial development would not be in keeping with the neighbour’s desire for the area;
feedback from 2009 open house regarding the proposal was attended by 23 residents and only 4 comment cards were received;
detailed building proposal;
15 on-site parking spaces to be included in the proposal;
She provided clarification relative to:
the view study and the views from existing 2nd and 3rd floor homes;
traffic conditions reviewed by 3rd party consultant.
Ms Grinell advised Council that the following colleagues were in attendance to answer any questions:
Joe Palazzo, Development Manager, ParkLane Homes; Peter Joyce, Bunt and Associates; David Stoyko, Sharp and Diamond Landscape Architects; Michael Huggins, Burrowes Huggins Architects; and, Ben Taddei, Chief Operating Officer, ParkLane Homes.
Andrew Barr, representing Kinder Kampus, submitted letters from Kinder Kampus clients supporting the proposal. He noted that the proposed site would be suitable for a new childcare facility especially since the current facility is scheduled to close.
Margaret Duncan Grant, 90-2000 Panorama Drive, Port Moody, spoke in opposition with the proposal noting concerns relative to traffic congestion and parking.
Peter Joyce, Bunt and Associates, advised that, in consultation with the City, he performed the traffic study. He provided clarification relative to the following:
the parking study included an extensive review of existing before and after school activity in the area;
given the size of the proposed development that 6-9 parking spaces would be more than adequate;
that by moving the current cross-walk, and constructing a new raised cross-walk, concerns that Panorama Place would be congested with traffic would be addressed.
Bruce Campeau, 52 Firview Place, Port Moody, spoke in support of the proposal and use of public space for children to play.
Sacha Davenport, 181 Sycamore Drive, Port Moody, spoke in support of the proposal noting the need for a daycare in the area. She spoke in support of a development that would not interfere with resident views and that would give consideration to parking and traffic congestion during childcare peak drop-off/pickup times.
Amy McIntosh, 27 Greenleaf Drive, Port Moody, spoke in support of the proposal and reiterated the need for childcare in the community. She suggested that parking issues in the area could be mitigated if residents used the parking allocated to them.
The Director of Planning and Development Services reiterated that if the text amendment is approved that there will still be two additional processes, the development variance permit and the development authorization (permit), to come forward for approval.
The bylaw presented today is only a text amendment to expand the C3 Zone to allow for a mixed use building and a childcare facility.
Sophia Barr, Director, Kinder Kampus, spoke to clarify playground space and the plan to continue using the current enclosed area and school yard, as well as an area within the proposed development.
Stuart Downey, 91-2000 Panorama Drive, Port Moody, spoke in opposition of the proposal noting concerns with view obstruction, traffic congestion, and noise. He requested that the use of speed bumps in the area, rooftop stairwells and use of glass railings all be reviewed prior to approving the final proposal.
Krista C. Dragan, 121 Aspenwood Drive, Port Moody, spoke in support of the text amendment and the need for childcare in the area, noting the potential financial loss for families losing childcare.
Jack Smith, 87-2000 Panorama Drive, Port Moody, sought clarification relative to the height of the fence required for the childcare facility.
Discussion ensued relative to the overall height of the proposal.
Michael Huggins, Burrowes Huggins Architects, clarified the height of the railing for the residential units and the exemption of the stairwells from height.
Jack Smith spoke further relative to:
whether or not the stairwells were included in the view study;
his conversation with the Licensing Officer;
whether the parking study included parking available at the school and the limitation of evening parking;
the views of Aspenwood and Greenleaf;
spoke in support of Kinder Kampus finding a new location.
Bruce Campeau, 52 Firview Place, Port Moody, provided comments relative to the proposal being traffic neutral.
Deana Grinnell, Manager, Land Development, ParkLane Homes, provided clarification relative to:
there being no preference to having the daycare on the 2nd floor roof noting that should that happen the height would not exceed what is indicated in the proposal;
proposal would not exceed height limit if daycare was to be located on the second floor;
the view study clarifying that the stairwells were included.
Stuart Downey, 91-2000 Panorama Drive, Port Moody, commented that the view study presented previously did show stairwell but did not show angled shots and noted that the view of more residents may be affected.
Moved, seconded and CARRIED
THAT Bylaw No. 2817 be forwarded to the next Council meeting for further consideration.
The Mayor set out the Public Hearing process; the City Clerk advised that all statutory notification requirements had been met and that correspondence received had been circulated.
The Director of Planning and Development Services advised of the purpose of the proposed amendment to amend the commercial mixed use designation, high density mixed use comprehensive development midrise definition, as well as the neighbourhood plan area policies to remove 95 unit per acre limitation with respect to the subject properties.
CORRESPONDENCE:
E-Mail: Hazel Mason, Port Moody, dated November 21, 2009
PUBLIC REPRESENTATIONS
Anita LaPoint, 2617 St. George St., Port Moody, spoke in support of the amendment. She commented on the current untidy state of the site, suggested that the area needs more businesses, and encouraged residents to support the local businesses currently in Moody Centre.
Fred Soofi, property owner St. Johns Street, Port Moody, spoke in support of the amendment noting that by removing the restriction more development opportunities may arise.
Claire Cummings, 2304 – 290 Newport Drive, Port Moody, sought clarification relative to how the proposed amendment would fit into the current zero to no growth plan. She suggested that smaller, more affordable units are needed and enquired as to whether this amendment would set a precedent for other city owned and private lands.
Sacha Davenport, 181 Sycamore Drive, Port Moody, spoke in support of the amendment and sought clarification on how changes to density would affect traffic congestion.
The Director of Planning and Development Services clarified that the floor space ratio remains unchanged with the amendment.
Moved, seconded and CARRIED
THAT Bylaw No. 2823 be forwarded to the next Council meeting for further consideration.
Regular Council Meeting
2. Public Input
Fereshteh Lotfijou, Port Moody, spoke regarding her privacy concerns with the extension of the Westhill Greenway Trail planned for construction behind her home. She requested that staff consider her privacy concerns when planning and constructing the trail.
David Spence, President, Port Moody Foundation, advised that the Foundation recently received approximately $5,500 in funding, which will be used in the community, as well as $10,000 from BMO as part of their contribution to the city’s recreation centre capital campaign.
Ken Shymanski, President and CEO, E-Comm 911 provided a brief update on the activities and results of E-Comm over the past year (and decade). Highlights of his presentation included:
• performance results in 2008;
• call volume and service levels 2008-2009;
• PoMo Fire CAD Events dispatched;
• Radio results;
• future directions radio and dispatch business growth;
• wireless phase II a program to locate cell phone users on all cellular networks;
• 2010 Olympic winter and Paralympic games;
He advised that the program to replace the security key in all emergency response radios is in progress, which when complete will ensure that radio communications will be secure. Council requested an update relative to the issue of cellular coverage in underground parking garages.
Mr. Shymanski advised that the Ministry of Housing is currently reviewing the legislation on this matter, which may provide municipalities the power to enforce bylaws requiring building upgrades or allowances in new construction to address the issue. There was discussion relative to funding received to provide services for the
Olympics. Mr. Shymanski advised that all the funding is in place and that equipment purchased by stakeholders for the Olympics will be kept by the stakeholders.
Jim Millar, Manager/Curator, Port Moody Station Museum, representing the Port Moody Heritage Society updated Council on the Society’s recent activities and funding. Highlights included:
• the appointment of new board members;
• the Ioco Ghost Town Days which attracted over 1,200 visitors to commemorate the Ioco Heritage Conservation area;
• concern with finances over coming years;
• receipt of 3 year direct access funding through 2011;
• provincial cutbacks for heritage, culture and the arts have resulted in delays in seed funding;
• next major capital repair scheduled is the museum roof;
• the uncertainty as to whether the matching seed funds will be available.
Mr. Millar invited Council to visit the new exhibit and advised that the fall kitchen will be modernized to the 1930’s.
Mr. Millar summarized by requesting that Council keep in mind the Society’s financial situation and encourage other levels of government to restore heritage funding to, at least, 2008 levels.
Opportunity for those affected to make representation to Council.
Robert Mrsic, owner, 27 Hickory Drive, provided a brief summary of the work and steps he has completed in an attempt to comply with City regulations. He indicated that he is not confident that he understands what is required for compliance.
The Manager of Building, Bylaws and Licensing advised that the building plans received to date and work completed by the owner are not sufficient, that the deck is in existence without the required structural details and that the property is currently for sale.
Council sought clarification relative to the owner’s understanding of the requirements and noted the potential liability resulting from the sale of the property.
Moved, seconded and CARRIED
THAT the item “Notice Against Land Title That Building Regulations Have Been Contravened – 27 Hickory Drive” be deferred to allow the property owner time to comply with city requirements.
Voting against: Mayor Trasolini and Councillor Clay
Moved, seconded and CARRIED
THAT the property at # 1 - 305 Afton Lane is in contravention of the City’s Building and Plumbing Code Administrative Bylaw No. 2577;
THAT in accordance with the provisions of Section 57 of the Community Charter, the City Clerk file a Notice in the Land Title Office, New Westminster, BC with respect to the aforementioned property stating:
Strata Lot 134, DL 470, Group 1, NWD Strata Plan NW971 (PID 001-608-096);) is in contravention of the City’s Building and Plumbing Code Administration Bylaw No. 2577 Section 10.1
“ No Person shall commence or permit the commencement or continuation of any construction or demolition unless a valid permit has been issued for the work by the Building Official,”;
AND THAT Council has passed a resolution relating to the subject property. Further information respecting it may be obtained at the offices of the Municipality.
4.3 Zoning Bylaw Amendment to the Communicty Commercial (C3) Zone for 300 Panorama Place
“City of Port Moody Zoning Bylaw 1988, No. 1890, Amendment Bylaw No. 196, 2009, No. 2817” a bylaw to facilitate the construction of a mixed use building to permit live-work and child care uses at 300 Panorama Place.
Moved, seconded and CARRIED
THAT Bylaw No. 2817 be now read a third time.
4.4 Official Community Plan Amendment to 2718-2732 St Johns Street and 2713-2725 Clarke Street
“City of Port Moody Official Community Plan, 2000, No. 2465, Amendment Bylaw No. 29, 2009, No. 2823” a bylaw to amend the land use designation and residential density definitions for the subject properties.
Moved, seconded and DEFEATED
THAT Bylaw No. 2823 be now read a third time.
Voting against: Mayor Trasolini and Councillors Clay, Dilworth, Elliott, Nuttall and Rockwell
“City of Port Moody Fees Bylaw, Amendment Bylaw No. 30, No. 2824 “a bylaw to set the fees and charges for 2010.
Moved, seconded
THAT Bylaw No. 2824 be now read a first time.
Questions and discussions relative to fee inconsistencies and rates took place.
Moved, seconded
THAT the bylaw be amended to provide that the fee assigned to item 55 - Automatic Teller Machines be amended to be consistent with item 670 – Vending Machine with a fee of $39.00.
Moved, seconded and CARRIED
THAT the Fees Bylaw be deferred to a future Committee of the Whole meeting.
5.1 Port Moody Arts Centre Society Wearable Art Awards
Council sought clarification as to the time sensitivity of the item and the balance of the Grant account.
Moved, seconded and CARRIED
THAT Council support, in principle, the request from the Wearable Art Awards Committee for an amount up to $3,000 pending the accounting details of the request coming forward to the Finance Committee.
Moved, seconded and DEFEATED
THAT the Community Services – Parks Division report dated November 16, 2009 be received.
Voting against: Mayor Trasolini, and Councillors Clay, Elliott and Nuttall
Moved, seconded and CARRIED
THAT a tree spade contractor be retained to relocate the Red Maple to new location in Old Orchard Park.
Voting against: Councillor Rockwell
5.3 Westhill Greenway Trail - Additional Connection
The Manager of Parks and Environment spoke to the concerns of Ms. Lotfijou, and provided the feedback received from public consultation meeting held Monday, November 23, 2009. Ms. Pavey provided the following information:
• of the 160 household mail out, 16 residents attended the consultation meeting;
• 15 spoke in support of the trail connection, 1 spoke against;
• the trail connection will result in less dumping, assist emergency personnel with access and increase safety;
• the trail will be located approximately 5-20 meters from homes, with staff reviewing privacy concerns when planning the trail.
Moved, seconded and CARRIED
THAT staff proceed with the construction of a path connecting the corner of Washington Drive and Princeton Avenue to the midpoint of the Westhill Greenway Trail subject to a plan that would mitigate the concerns of residents relative to the privacy of their property.
Moved, seconded and CARRIED
THAT staff report back in the next few weeks with the plan to mitigate privacy concerns expressed by residents.
The Manager of Parks and Environment thanked community volunteers who came to support the partnership and advised that the grant application, if approved, would be submitted November 30, 2009.
Moved, seconded and CARRIED
THAT staff be authorized to participate as a partner on a community application to the Environmental Damages Fund (EDF) for the project “What Swims Beneath – Port Moody Arm”.
Moved, seconded and CARRIED
THAT Council appoint Councillor Mike Clay to the Homes for Good Society Board of Directors.
Moved, seconded and CARRIED
THAT the petition to remove cherry trees from the 2500 block of St. Johns Street be received.
7.1 Resolutions from Committee of the Whole
Moved, seconded and CARRIED
THAT the resolutions of the Committee of the Whole meeting of November 24, 2009 be endorsed as above.
8.1 Council Verbal Reports
8.2 Staff Verbal Reports
10 Public Input
- none -