Municipality of North Cowichan Regular Council Agenda
Date: Wednesday, June 5, 2013 Time: 3:00 pm Location: Municipal Hall - Council Chambers
Pages
1. Call to Order
2. Approval of Agenda
3. Adoption of Minutes 6 - 10
Recommendation: that Council adopt the minutes of the May 15, 2013 regular Council meeting.
4. Public Meetings & Hearings
4.1 Development Variance Permit - Westhill Place 11 - 19
Proposed variances to side yard setbacks for an existing garage and deck. Supported by the Community Planning Advisory Committee on May 6, 2013.
Recommendation: that Council issue a development variance permit to Ken Nickell and Leeann Williams, for 3037 / 3047 Westhill Place, that varies section 52 (6) of the Zoning Bylaw to (1) reduce the minimum required side-yard setback for an accessory structure from 3 m to 2.4 m, to accommodate an existing garage, and (2) reduce the minimum required side-yard setback for a dwelling from 3 m to 0 m, to accommodate an existing deck; and further, that the permit include a requirement that the owner construct a solid fence at least 1.52 m in height along the north property line, from a point at least 3 m west of the modular home to a point at least 3 m east of the garage.
Recommendation: that Council direct the owner to of 3037 / 3047 Westhill Place to apply for building permits to regularize 2 existing structures and apply for a business licence to allow an existing automotive repair business.
1 5. Public Input
Brief public input from registered speakers regarding items on this agenda.
6. Reports
6.1 Proposed Road Through Maple Bay Peninsula 20 - 22
Report from Engineer on proposed road network through Maple Bay Peninsula.
Recommendation: that Council further postpone consideration of Bylaws 3499, 3500 and 3501 until ______to provide additional time for staff to explore options for the proposed Maple Bay peninsula local area service road network.
6.2 Anonymous Communications Policy 23 - 24
Proposed policy to not consider anonymous communications to Council.
Recommendation: that Council set policy to not receive or consider anonymous communications due to the inherent pitfalls associated with anonymous communications.
6.3 Maple Mountain Bike Trail 25 - 42
Licence of Occupation for Cowichan Trail Stewardship Society to build and maintain a mountain biking trail on Maple Mountain.
Recommendation: that Council approve, and authorize the Mayor and Corporate Officer to sign, a Licence of Occupation with the Cowichan Trail Stewardship Society to construct and maintain a mountain bike trail on Maple Mountain for a 2-year period.
6.4 Encroachment Agreement - Willow Street 43 - 48
Encroachment agreement for outdoor cafe seating on Willow Street.
Recommendation: that Council approve, and authorize the Mayor and Corporate Officer to sign, an encroachment agreement with the Owl's Nest Bakery Bistro to use a portion of the sidewalk fronting 9752 Willow Street for outdoor café seating.
6.5 Bonsall Creek Watershed Management Plan 49 - 68
Proposed terms of reference for Bonsell Watershed Management Plan.
2 Recommendation: that Council endorse the Watershed Management Plan for the Bonsall Creek Watershed - Draft Request for Proposals, for the purposes of applying for funding from the Investment Agriculture Foundation to develop a Chemainus river Watershed Management Plan.
6.6 Annual Forestry Report 69 - 80
Presentation Forestry Department's 2012 Annual Report.
Recommendation: that Council accept the 2012 Forestry Annual Report as presented.
6.7 Liquor Licence Changes 81 - 100
Proposed changes to Duncan Lanes Bowling Cenre's liquor licences.
Recommendation: that Council decline the opportunity to comment on Duncan Lanes Bowling Centre’s liquor licence changes.
6.8 Environmental Development Permit - Wicks Road 101 - 104
Proposed development permit for 6508 Wicks Road. Supported by the Community Planning Advisory Committee on December 10, 2012. Delayed until riparian assement completed.
Recommendation: that Council issue a development permit to David Malcolm for 6508 Wicks Road that includes a variance to section 56 (7) (b) of the Zoning Bylaw to increase the maximum permitted height of an accessory structure (a four-car garage with storage), from 5 m to 7.47 m; and further that the permit include a requirement that, before applying for a building permit, the owner must pay the cost to modify a right-of-way over the subject property to assume primary responsibility to maintain the drainages ditches and watercourses on the subject property.
7. Bylaws
7.1 "Zoning Amendment Bylaw (No. 2 - Shipping Containers), 2013", Bylaw No. 105 - 106 3511 - Adoption
Bylaw to allow shipping containers in industrial zones.
3 Recommendation: that Council adopt "Zoning Amendment Bylaw (No. 2 - Shipping Containers), 2013", Bylaw No. 3511.
7.2 "Revitalization Tax Exemption Program Bylaw", No. 3488 - Adoption 107 - 121
Bylaw to establish Revitalization Tax Exemption.
Recommendation: that Council adopt "Revitalization Tax Exemption Program Bylaw", No. 3488.
7.3 "Zoning Amendment Bylaw (Timbercrest), 2013", No. 3507 - 3rd Reading 122 - 126
Review public hearing report.
Recommendation: that Council read a third time, "Zoning Amendment Bylaw (Timbercrest), 2013 Bylaw", No. 3507.
7.4 "Municipal Ticket Information System Bylaw", No. 3464 - 3 Readings 127 - 145
Recommendation: that Council read a first, second and third time the “Municipal Ticket Information System Bylaw”, No. 3464.
8. Notices of Motions
9. Review of Committee Minutes 146 - 157
1. Climate Change Advisory - May 8, 2013 2. Economic Development Advisory - May 9, 2013 3. Communications Committee - May 13, 2013 4. Agricultural Advisory - May 21, 2013 5. Parks and Recreation Advisory - May 27, 2013
10. Unfinished and Postponed Business
10.1 "Local Area Service (Maple Bay Peninsula Road Extension) Bylaw", No. 3499 - 158 - 160 Adoption
Postponed from February 6, 2013 Regular Council meeting. See item 7.1 of this agenda for related report.
Recommendation: that Council adopt "Local Area Service (Maple Bay Peninsula Road Extension)
4 Bylaw", No. 3499.
10.2 "Maple Bay Peninsula Roads Loan Authorization Bylaw", No. 3500 - Adoption 161 - 161
Postponed from February 6, 2013 Regular Council meeting. See item 7.1 of this agenda for related report.
Recommendation: that Council adopt "Maple Bay Peninsula Roads Loan Authorization Bylaw", No. 3500.
10.3 "Forest Reserve Withdrawal (Maple Bay Peninsula Road) Bylaw", No. 3501 - 162 - 163 Adoption
Postponed from February 6, 2013 Regular Council meeting. See item 7.1 of this agenda for related report.
Recommendation: that Council adopt "Forest Reserve Withdrawal (Maple Bay Peninsula Road) Bylaw", No. 3501.
11. New Business
12. Question Period
13. Committee Of The Whole
13.1 Volunteer Recognition
13.2 Local Government Terms of Office
13.3 Attendance at BC Economic Summit
14. Closed Session
15. Adjournment
5 Municipality of North Cowichan Regular Council Minutes
Date: May 15, 2013 Time: 3:00 pm Location: Municipal Hall - Council Chambers
Members Present: Mayor Jon Lefebure Councillor John Koury Councillor Barb Lines Councillor Kate Marsh Councillor Al Siebring Councillor Jen Woike (electronically)
Members Absent: Councillor Ruth Hartmann
Staff Present: Dave Devana, Chief Administrative Officer John Mackay, Director of Engineering and Operations Scott Mack, Director of Planning and Development Mark Ruttan, Director of Administration and Deputy CAO Ernie Mansueti, Director of Parks and Recreation Brian Green, Deputy Director of Planning and Development
1. Call to Order
There being a quorum present, Mayor Lefebure called the meeting to order at 3:00 pm.
2. Approval of Agenda
Council approved the agenda as amended to add item 13.1 BC Election, and closed items 3.2 property acquisition, and 3.3 claim settlement.
3. Adoption of Minutes
Council adopted its May 1, 2013 regular meeting and May 7, 2013 Special meeting minutes.
4. Public Meetings & Hearings
4.1. Public Hearing on Zoning Bylaw Amendment
At 3:05 pm, Council received a presentation from staff on "Zoning Amendment Bylaw (No. 2 - Shipping Containers), 2013", No. 3511. This bylaw would allow shipping containers to be used for accessory storage and as a building material in the Industrial Light Zone (I1) and Industrial Heavy Zone (I2). The bylaw would also allow shipping containers to be used as emergency preparedness kiosks in the Private Institutional (PI) and Public Use (PU) Zones.
6 May 15, 2013 - Regular Council Minutes
Council invited late correspondence and public input but none was presented. Council closed the hearing at 3:18 pm.
It was moved and seconded: that Council read a 3rd time "Zoning Amendment Bylaw (No. 2 - Shipping Containers), 2013", No. 3511.
CARRIED
5. Delegations & Presentations
5.1. RCMP Quarterly Report
Council received a presentation from RCMP Inspector Kevin Hewco on his detachments' activities from the past quarter. Following his presentation, Inspector Hewco informed Council he has been promoted to the rank of Superintendent and will be transferred to Penticton this summer. Council thanked him for his exemplary service and wished him well in the future.
6. Public Input
Council received brief public input from registered speakers regarding items on the agenda.
7. Reports
7.1. Annual Municipal Report
It was moved and seconded: that Council (1) make the Annual Municipal Report available for public inspection beginning May 31, 2013, and (2) consider the report along with submissions and questions from the public at the June 19, 2013 Regular Council meeting.
CARRIED
7.2. One Cowichan Proposal on Watershed Regulation
It was moved and seconded: that Council defer a decision to support the One Cowichan proposal until such time as the Cowichan Valley Regional District has completed its governance study on the management of the Cowichan River basin.
CARRIED
7.3. Sewage Lagoons Capacity Study
It was moved and seconded: that Council support the recommendation of the Joint Utilities Board to hire Delcan to undertake a JUB Lagoons Capacity Review, at an approximate cost of $10,000 - $15,000.
CARRIED
Page 2 7 May 15, 2013 - Regular Council Minutes
7.4. Joint Utilities Board 2013 Budget
It was moved and seconded: that Council support the recommendation of the Joint Utilities Board to approve the JUB 2013 Budget.
CARRIED
7.5. Fees and Charges Annual Review
It was moved and seconded: that Council direct staff to draft a bylaw to amend the Fees Bylaw, to increase admission and room rental fees at Fuller Lake Arena and Cowichan Aquatic Centre, effective September 1, 2013, as outlined in the Deputy Parks and Recreation Director's April 23, 2013 report.
CARRIED
It was moved and seconded: that Council direct staff to investigate if a regional pass could be developed for drop-in skating, swimming, and fitness.
CARRIED
7.6. Community For Climate Fair
Councillor Marsh informed Council of plans to hold a "communityforclimate" fair on June 8, 2013 at the Cowichan Campus of the Vancouver Island University.
7.7. Development Permit Amendment - 9765 Chemainus Road
Councillor Koury and Councillor Siebring left the meeting at 4:18 pm.
It was moved and seconded: that Council amend development permit 09.12 for 9765 Chemainus Road to modify the exterior improvement requirements, in accordance with the schedules attached to Planner Reynolds' May 2, 2013 report.
CARRIED
8. Bylaws
8.1. "Consolidation and Revision Authority Bylaw", No. 3514 - Adoption
Councillor Koury returned at 4:22 pm.
It was moved and seconded: that Council adopt "Consolidation and Revision Authority Bylaw", No. 3514.
CARRIED
Page 3 8 May 15, 2013 - Regular Council Minutes
8.2. "Revitalization Tax Exemption Program Bylaw", No. 3488
Councillor Siebring returned at 4:27 pm.
It was moved and seconded: that Council rescind third reading of "Revitalization Tax Exemption Program Bylaw", No. 3488, and read the bylaw a third time as amended to (1) delete section 12 [effective date] to make the bylaw effective the day it is adopted rather than on June 1, 2014, and (2) add the Crofton map to the bylaw schedule.
CARRIED
9. Correspondence
None.
10. Notices of Motions
None.
11. Review of Committee Minutes
11.1. Parks & Recreation Advisory - April 29, 2013
11.2. Joint Utilities Board - May 2, 2013
11.3. Community Planning Advisory - May 6, 2013
12. Unfinished and Postponed Business
None.
13. New Business
13.1. BC Election
Council agreed to send letters to local members of the BC Legislative Assembly congratulating them on their re-election.
14. Question Period
None.
15. Closed Session
Council closed the meeting to the public at 4:47 pm, under the authority of section 90 (1) (a) [committee appointment], (b) [personal information], (e) [land acquisition], (g) [litigation] of the Community Charter. At 6:30 pm, Council rose and reported on the following:
Page 4 9 May 15, 2013 - Regular Council Minutes
15.1. Crofton Ball Field Naming
It was moved and seconded: that Council name a ball field at the Crofton Ball Park “Sonny Collinson Field”.
CARRIED
15.2. Committee Appointments
It was moved and seconded: that Council re-appoint Miles Phillips and David Preikshot to the Climate Change Advisory Committee for a three-year term ending April 30, 2016.
CARRIED
It was moved and seconded: that Council appoint Reed Early to the Climate Change Advisory Committee for a three-year term ending April 30, 2016.
CARRIED
Opposed: Councillor Koury and Councillor Siebring
It was moved and seconded: that Council direct staff to draft a letter for the Mayor's signature thanking Kimberly Speers for serving on the Climate Change Advisory Committee.
CARRIED
It was moved and seconded: that Council appoint Brock McLeod to fill the current vacancy on the Agricultural Advisory Committee for a 3-year term expiring on April 30, 2016.
CARRIED
16. Adjournment
Council adjourned the meeting at 6:15 pm.
______Signed by Mayor (or presiding member)
______Certified by Corporate Officer
Page 5 10 Report
Date April 30, 2013 File: DVP00004 To Council - Regular From Dave Pady, Planner Endorsed:
Subject Development Variance Permit – Side Yard Setback - 3037 Westhill Place Purpose
The purpose of this report is to present a Development Variance Permit application for a side yard setback variance from 3.0m to 2.4m to allow for an existing accessory building/garage and a side yard setback variance from 3.0m to 0m for an existing deck at 3037 Westhill Place.
Background
The subject property has a total area of 2.035 hectares (5.03 acres) and is located at the end of Westhill Place. The property is currently zoned as Rural Zone (A2) and within the ‘rural area’ of the Official Community Plan.
There are two single family dwellings currently on the property, the most recent of which is located at the far eastern end of the property and was constructed in accordance with an issued building permit and completed in 2000.
The second house, located at the western end of the property is a modular home, which was placed on the land under a building permit in 1992. There is a deck that has, at some point, been added onto the (modular home) north side of this house. This deck does not conform to the setback requirements (3.0m) set out in the Zoning Bylaw 2950 and the applicant is seeking a variance to allow the deck to remain, acknowledging that this deck in fact encroaches on to the neighbouring property by approx. 0.2m (8”) and would therefore need to be reduced in size by at least that amount.
In addition, there is an accessory building/garage (approx. 400ft2) that was also constructed on site to the east of the house (modular home) and was built without a building permit. This accessory building does not comply with the Zoning Bylaw setback requirements (3.0m) for a side yard as it is constructed to within 2.4m of the side property line.
The Development Variance Permit application is therefore to request a reduction of the required 3.0m side yard to 2.4m in order to permit an existing accessory building/garage that was constructed without a building permit and a side yard variance from 3.0m to 0m for the existing deck.
Discussion
The workshop/garage on the property was not built with a building permit and is therefore illegal and non-conforming with respect to the north property line. The owner has been using this garage as a home-based business for the purposes of repairing automobiles and, as a result of this activity, the property has amassed various auto parts which have resulted in an unsightly property complaint from a property owner to the north of the subject property.
The property and issues raised in this report were brought to the attention of staff as a result of a complaint from a neighbour regarding the unsightly nature of the property.
11 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca Page 2
Staff has considered the impact of these concerns and the building setbacks in relation to lot lines and requested the property owner submit a Development Variance Permit for a variance to the side yard setback to regularise the illegal non-conforming accessory building and the illegal deck. If the DVP application is approved by Council the owner will then be require to apply for and receive a Building permit for the structure(s) in order to confirm they are constructed to BC Building Code requirements.
During a recent site visit it was noted that the owner has begun to improve the general tidiness of the property by removing materials from around the property.
There are 5 properties that are directly adjacent to the subject property along the north property line and one parcel to the east. The approximate distance from each of these houses to the accessory building is as follows:
a. The house to the east: 123 metres b. The house to the far northwest: 135 metres c. The house directly north: 147 metres d. The house to the northeast: 105 metres e. The house to the far northeast: 218 metres
While these houses are downhill from the subject property, the cleanup of the yard in and around the garage should mitigate concerns from the neighbours, as well removing the portion of the deck which is currently encroaching on to the neighbour’s property. The zoning bylaw requires a 3.0m setback from the side lot line and the applicant is requesting a variance to 2.4m for the accessory building / garage and a 0m setback for the existing deck. This may be considered significant for a side yard in an urban residential area where the setback is meant in part to create a spatial separation between buildings for fire safety. It must, however; be considered much less impactful within the rural context and where the separation between residential buildings is much greater.
Based on the above information, Staff do not consider the reduction in the side yard setback in this case to be a significant concern as there is no directly adjacent impact to neighbouring properties, does not impact the views or ability of neighbours to enjoy their property, and the structures are in keeping with the form & character of other buildings in the community. In order to further mitigate the potential visual and noise impact of the proximity of these two structures on adjoining lands, along with the associated use of the land and storage of materials in this general area, Staff are also recommending that the owner be required to construct a solid fence (min. 1.52m / 5ft. in height) from a point no less than 3.0m west of the existing modular home to a point no less than 3.0m east of the existing accessory building / garage (approx. total length 50m), as a condition of this permit.
Options
Council has the following options:
Approve the variance to the side yard setback from 3 metres to 2.4 metres in order to permit the workshop/garage as an accessory building, and a variance for the deck from the 3.0m to 0m with the condition that a Building Permit must be obtained for the workshop/garage accessory building, based on the application that was submitted;
Approve the permit as per the above with the condition that the owner be required to construct a solid fence (min. 1.52m / 5ft. in height) from a point no less than 3.0m west of the existing modular home to a point no less than 3.0m east of the existing accessory building / garage (approx. total length 50m), as a condition of this permit; or,
12 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca Page 3
Deny the variance request and consider issuance of a Notice on Title, and/or order that the illegal structures be removed from the property or relocated to an alternative location that meets setback requirements and is authorized under Building Permit.
It is Staff’s position that with construction of a fence as per the recommendations outlined above, any potential impact of the setback variance would be virtually eliminated, and would therefore recommend that Council support the variance request subject to the conditions outlined in Point #2 above.
Recommendation
That Council:
1. Issue a Development Variance Permit for a side yard variance from 3.0m to 2.4m for an existing accessory building / garage, and from 3.0m to 0m for the existing deck, subject to the construction of a solid fence, minimum 1.52m (5 ft.) in height from a point no less than 3.0m west of the existing modular home to appoint no less than 3.0m east of the existing accessory building/garage.
2. Following issuance of the DVP, Direct the owner to submit an application for a building permit to regularize the two existing structures.
3. Following issuance of an occupancy permit for the garage, direct the owner to submit an application for a Home Based Business License for the existing Automotive Repair business.
13 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca Page 4
Map 1 – Location Plans
Map 2 – Site Plans
14 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca Page 5
15 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca 16 17 18 19 Report
Date May 14, 2013 File: 5400-65 STO To Council - Regular From David Conway, P.Eng., Manager of Engineering (Development Endorsed: and Capital Projects) Subject Stoney Hill Roads - Update
Purpose The purpose of this report is to update Council on staff progress in reviewing of the Stoney Hill Road project.
Background Municipal Council, at its February 6, 2013 meeting, passed the following motions: “that Council postpone consideration of the main motion (to adopt “Forest Reserve Withdrawal (Maple Bay Peninsula Road) Bylaw” - No. 3501) until June 5, 2013, to provide time for staff to explore alternative options for the Local Area Service roads” and “that Council postpone consideration of “Local Area Service (Maple Bay Peninsula Road Extension) Bylaw” - No. 3499 and “Maple Bay Peninsula Road Loan Authorization Bylaw” - No. 3500 until June 5, 2013.”. Discussion Engineering staff started our review by walking the residents’ proposed road alignment on Friday, April 15, 2013 between Genoa Bay Road and Stoney Hill 200 with Paul Tataryn of Birds Eye Cove Farm. The initial 900 metres of the residents’ proposed route follows the settlement agreement alignment and the route used in the Creative Engineering Services’ design which was completed in April 2011. The route then moves away from the settlement agreement alignment running through fairly pristine ground with considerable rocky topography on its way to link with the existing road and Stoney Hill 200. Staff also reviewed the cost estimate of $2.5M provided by DWB Consulting Services Ltd. and Andrew Forbes and the residents group (“the Forbes estimate”). We found that the cost used for rock excavation at $14/m3 was considerably lower than what we would use for cost estimating for this type of work. The Forbes estimate estimates 23,673m3 of rock blasting at $14/m3 for a cost of $331,442 for Stoney Hill Road. Using a rock blasting rate that we would recommend of $40/m3 minimum, the cost for this work would rise to $946,920, or an additional $615,478 cost to the project for rock excavation. The Forbes estimate broke costs down as follows: Item Description Estimate 1. Survey, design, mob/demob, quality control, environmental management, legal survey and registration of road, construction management and supervision (10% +/-). $228,000 2. Stoney Hill Road* (includes $331,442 for rock blasting) $1,450,401 3. Fairweather East Road $313,818 4. Fairweather West Road $140,764 5. West Shore Road $212,220 6. Bourke Road $95,110
SUB-TOTAL $2,440,313 Contingency $59,687 TOTAL $2,500,000 *Only item 2 - Stoney Hill Road section includes costs for rock blasting. 20 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca Page 2
Given staff’s concern about the Forbes estimate for Stoney Hill Road, we started looking at the option of reverting back to the settlement agreement road alignment in an effort to reduce costs and reduce the amount of land disturbance. We have re-surveyed and estimated the cost to upgrade Stoney Hill Road, combined with the previously completed Creative Engineering Services alignment, between Genoa Bay Road and 100 metres beyond Stoney Hill 200. The estimated cost for this work is $992,000 for approximately 1,440 metres of 8m wide roadway. The cost includes an allowance to chip seal the section of Stoney Hill Road which will have a 15% grade.
We have not had time to estimate the cost to complete the remaining 2,200 metres of Stoney Hill Road, or the other sections of roadway included within the project. We may have to consider narrowing Stoney Hill Road from Stoney Hill 200 to Fairweather Road to bring costs to within the $2.5M budget. This will have the added benefit of reducing the impact on the forest, but will require lowering of the Municipal Road Standard from an 8 metre top to a 6 metre top (an example of a 6 metre wide road is the section of Drinkwater Road west of Somenos Road).
Recommendation that Council further postpone consideration of Bylaws 3499, 3500 and 3501 to provide additional time for staff to explore options for the proposed Maple Bay peninsula local area service road network.
Attachment 1
JPM/vb
21 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca MUNICIPALITY of North Stoney Hill (Maple Bay Peninsula) COWICHAN
0250500125 May 15 2013 Meters
Fairweather Rd Wes Westshore Rd
t
Fa irweather Rd East
Forestry Roads
Birds Eye Cove
Forest Reserve (306.3ha)
Birds
Eye
Cove Existing Road Stoney Hill Rd Improvements
Farm Settlement Agreement Rd (145.7ha)
Sansum Point Park - CVRD (51.8ha)
Stoney Hill 200 A.L.R. Residents (135ha) Petition Rd
Sansum Narrows
Legend
ALR Existing Road Forest Reserve Residents Petition Rd Sansum Point Park - CVRD Fairweather Rd (East/West), Westshore Rd and Peninsula Boundary Parcels Stoney Hill 200 (875.2ha) Birds Eye Cove Farm Settlement Agreement Road BC Hydro Right of Way Stoney Hill Rd Improvements22 Report
Date May 8, 2013 File: 0530-00 To Council - Regular From Mark Ruttan, Director of Administration Endorsed:
Subject Anonymous Communications Policy
Purpose
The purpose of this report is to recommend that Council adopt a policy to not receive or consider anonymous communications.
Background
In the Spring 2013 Edition of the Lidstone & Company Law Letter, there is an article written by Sara Dubinsky, entitled “Anonymous submissions: to consider or not to consider” that recommends that local governments establish a policy to not receive anonymous communications.
Analysis
The article advises that:
“there are pitfalls associated with councils or boards receiving and considering anonymous submissions, particularly in the context of quasi-judicial decision making. Quasi-judicial decisions are decisions involving individual rights and interests, such as an applicant's entitlement to a licence or permit or to an appeal.
Numerous cases have considered whether it is proper for a decision maker to rely on anonymous submissions from third parties, without disclosing the contents of those submissions to the applicant. While the results in the cases vary, the common thread is that any prejudicial information contained in the anonymous submissions must be disclosed to the applicant, such that he or she has the opportunity to address or correct the submissions. Otherwise the applicant's right to procedural fairness may be violated, particularly where the decision maker relies on the anonymous information in coming to a decision.
That said, the requirement is that the decision maker provide notice of the contents and an opportunity to respond - there is no requirement to show an actual copy of the submissions to the applicant, provided that the substance of the allegations contained therein are disclosed.
While these cases arise in the immigration context, the same reasoning may be applied in the context of quasi-judicial decisions made by local governments. For this reason councils and boards must be careful to provide notice and an opportunity to respond to the substance of anonymous submissions to applicants, otherwise they risk their decisions being quashed on judicial review.
23 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca Page 2
Further, as the courts have noted, anonymous communications are inherently suspect and unreliable because they frequently cannot be verified or trusted, and as such they should not be given much weight. There may also be liability concerns, from a defamation standpoint, with further publishing the contents of anonymous communications by disclosing them at a public meeting. For these reasons local governments should consider adopting a policy of not receiving or considering anonymous correspondence.”
Council may not have received much anonymous correspondence in the past, but this will likely increase with the ability to easily create an email address that does not sufficiently identify the sender.
Recommendation that Council set policy to not receive or consider anonymous communications due to the inherent pitfalls associated with anonymous communications.
24 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca Report
Date May 29, 2013 File: 8810-60 HIK To Council From Mark Ruttan, Director of Administration Endorsed:
Subject Licence of Occupation - Maple Mountain
Purpose
The purpose of this report is to recommend that Council grant the Cowichan Trail Stewardship Society a Licence of Occupation to construct and maintain a trail on the Maple Mountain Forest Reserve for a 2- year period.
Background
On May 1, 2013, Council approved “the Cowichan Trail Stewardship Society’s proposal to build and maintain a trail on Maple Mountain as a pilot project, subject to staff approval on trail design details”.
On May 24, 2013, the Municipal Forester made a site visit with the Society’s President, and reviewed conditions and requirements to be included in the licence.
Discussion
The standard Licence of Occupation was modified as follows: section 5 - additional details about new trails and use of the gate key, section 22 - specifications about tree removal, and a schedule 2 was added to outline acceptable trail construction and maintenance standards.
Implications
As the Society will be building and maintaining the trail, there are no significant financial, personnel or environmental implications to Council approving this licence.
Recommendation that Council approve, and authorize the Mayor and Corporate Officer to sign, a Licence of Occupation with the Cowichan Trail Stewardship Society to construct and maintain a mountain bike trail on Maple Mountain for a 2-year period.
Attachment
25 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca
Municipality of North Cowichan Box 278, 7030 Trans Canada Hwy Duncan, BC V9L 3X4 Ph: 250-746-3100 Fax: 250-746-3133 www.northcowichan.ca Licence of Occupation
Definitions
1. In this licence,
(a) North Cowichan means the Corporation of the District of North Cowichan,
(b) The Society means the Cowichan Trail Stewardship Society, c/o 7315 Alberta Place, Duncan BC, V9L 5W8,
(c) land means that part of the North Cowichan Forest Reserve on Maple Mountain,
(d) licensed area means the part of the land outlined on Schedule 1,
(e) permit means an approval, authorization, consent, licence, or permit, issued under the federal Canadian Environmental Protection Act or provincial Environmental Management Act, or other applicable legislation pertaining to the environment, and
(f) hazardous substance means a contaminant, dangerous good, hazardous substance, pollutant, special waste, or toxic substance, or waste, as defined under the federal Canadian Environmental Protection Act or provincial Environmental Management Act, or other applicable legislation pertaining to the environment.
Grant of Licence
2. North Cowichan grants the Society a licence (called the licence) to occupy the licensed area, on the terms below, from June 6, 2013 through June 5, 2015.
Licence Fee and Deposit
3. In consideration for granting the licence, the Society agrees to pay North Cowichan (a) $10.00 (called the licence fee) per year, when this licence is signed.
4. Arrears will bear interest at 1.5 percent per month.
Use of Licensed Area
5. The Society may only use the licensed area for the purpose of trail construction and maintenance, in accordance with Schedule 2 – the “Whistler Trail Standards”. For certainty, new trails are to be approved by North Cowichan’s Council, and the gate key is issued to access the licensed area to construct and maintain trails only. Use of the key for non-permitted purposes may result in termination of the Licence.
6. The Society has inspected the licensed area and acknowledges that it is suitable for this use.
Nature of Licence
7. The Society acknowledges that this agreement grants a licence only. It does not give, and must not be deemed to give, any other interest in the licensed area.
Dealings with Licence
8. The Society may not assign the licence, or sub-licence all or part of the licensed area, without North Cowichan’s prior written consent. North Cowichan may withhold consent without reason.
26 9. Assigning the licence does not release the Society from its obligations under the licence.
10. The Society may not encumber its interest in the licence.
11. The Society may not allow another person except its (a) agents, employees, or guests, and (b) assignees and sub-licensees whom North Cowichan permits, to occupy all or part of the licensed area.
12. The Society must ensure that its assignees and sub-licensees, if any, comply with the terms of the licence.
13. The Society and its agents, employees, assignees, and sub-licensees are not, and must not be deemed to be, agents or employees of North Cowichan.
Reentry into Licensed Area
14. The Society must allow North Cowichan and persons whom North Cowichan authorizes to enter the licensed area at any time on reasonable notice and for any reason.
Maintenance of Licensed Area
15. The Society accepts responsibility for the licensed area’s welfare and agrees to keep the licensed area in good repair.
Repairs to Licensed Area
16. The Society must repair, at its expense, damage to the licensed area that results from the use of the licensed area by the Society or a person whom the Society allows to enter it.
Enactments and Permits
17. The Society must, during the licence, comply with applicable enactments and permits. Without limitation, the Society must comply, during the licence, with applicable enactments and permits relating to (a) building, (b) fire protection and control, and (c) the environment (called environmental laws).
18. The Society must show North Cowichan on demand that the Society’s permits are valid.
Taxes
19. The Society must pay, on time, all taxes imposed during the licence on the Society’s activity, income, and property, and Workers’ Compensation Board assessments.
Liens
20. The Society must promptly remove liens against all or part of the licensed area that arise from work done for, materials supplied to, and obligations incurred by the Society.
Utilities
21. The Society must pay, on time, charges that the Society incurs during the licence for utilities supplied to the land.
L of O - Cowichan Trail - Maple Mtn Page 2 of 17 Box 278, 7030 Trans Canada Highway, Duncan, BC, V9L 3X4 Ph: 250-746-3100 Fax: 250-746-3133 www.northcowichan.ca 27 Changes and Improvements to Licensed Area
22. If a provincial or federal enactment or a change to a provincial or federal enactment requires changing the licensed area or part of the licensed area, then the Society must (a) notify North Cowichan, and (b) change the licensed area or part of the licensed area (as the case may be) at the Society’s expense. Otherwise, the Society may not change or improve the licensed area, or part of the licensed area, without North Cowichan’s prior written consent.
Approval from North Cowichan’s Forestry staff is required to remove trees with a diameter greater than 15cm (6in) at breast height. Falling of trees greater than 15cm diameter must be carried out by a faller with WorkSafe certification.
Nuisances
23. The Society must not do or have done anything in the licensed area that is, in North Cowichan’s opinion, a nuisance.
Environmental Protection
24. The Society must not store or have stored, treat or have treated, or dispose or have disposed, hazardous substances in the licensed area except according to applicable environmental laws.
25. The Society must notify North Cowichan immediately if (a) a hazardous substance is released in the licensed area unless it is released according to applicable environmental laws, (b) a government agency notifies the Society that the Society is not complying with an environmental law, (c) the Society is notified of a third-party claim relating to the environment, or (d) the Society learns that a hazardous substance is present in the licensed area.
26. The Society must investigate, and report, as North Cowichan directs, if North Cowichan reasonably suspects that the Society’s occupation and use of the licensed area might be introducing, or increasing the presence of, hazardous substances in the licensed area.
27. If the Society’s use and occupation of the licensed area introduces, or increases the presence of, hazardous substances in the licensed area, then the Society must undertake remediation (as defined in the Environmental Management Act) at its expense.
Indemnity
28. The Society agrees to indemnify and save harmless North Cowichan from and against any and all claims, losses, damages, demands, causes of action, costs and expenses arising out of or connected directly or indirectly with the Society’s (a) occupation and use of the licensed area, or (b) breaking a term of the licence.
Insurance
29. The Society must take out and maintain during the licence, comprehensive general liability insurance of at least $5,000,000, and, fire suppression liability insurance of $1,000,000, both on terms, and from an insurer, acceptable to North Cowichan.
30. The Society’s comprehensive general liability insurance policies must (a) name North Cowichan as an additional insured, (b) state that they may not be cancelled, allowed to expire, or materially changed, unless the insurer notifies North Cowichan in writing at least 30 days in advance, and (c) state that North Cowichan’s insurance claims must be paid before any other.
31. The Society must supply North Cowichan with proofs of insurance (a) when this licence is signed, (b) on renewal of the licence, and (c) on demand.
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32. The Society releases and forever discharges North Cowichan from any and all claims arising from (a) breach of any provisions of this licence by the Society, (b) the Society’s occupation and use of the licensed area, and (c) North Cowichan exercising its rights under the licence, unless such claims are caused by the wilful misconduct or negligence of North Cowichan.
Curtailment or Temporary Suspension of Use
33. If North Cowichan believes that circumstances beyond North Cowichan’s control require curtailing or temporarily suspending the Society’s use of the licensed area, then the Society must curtail or temporarily suspend (as the case may be) its use of the licensed area as North Cowichan directs.
Default
34. If the Society does not fulfill an obligation under the licence, then North Cowichan may fulfill the obligation for the Society. If North Cowichan incurs costs to fulfill an obligation under the licence that the Society does not fulfill, then North Cowichan may recover its costs of fulfilling the obligation from the Society on demand.
Cancellation or Forfeiture of Licence
35. North Cowichan or the Society may cancel the licence for just cause with at least 60 days’ written notice.
36. If the Society does not fulfill an obligation under the licence, then North Cowichan may, rather than fulfill the obligation for the Society, cancel the licence in writing, effective 60 days after giving notice, unless the Society fulfills the obligation in that time.
37. If a creditor of the Society’s tries to seize the licence, or take the licence in execution or attachment, or (b) the Society becomes bankrupt or insolvent, then the Society forfeits the licence, and improvements to the licensed area, to North Cowichan.
End of Licence
38. The Society must give up possession of the licensed area when the licence ends.
39. When the licence ends, the Society must (a) remove, at its expense, its property from the licensed area, (b) leave the licensed area clean, tidy, and in good repair, and (c) remove, at its expense, improvements to the licensed area as North Cowichan directs.
40. If the Society (a) does not change or improve the licensed area, or part of the licensed area, during the licence without North Cowichan’s prior written consent, (b) removes its property from the licensed area when the licence ends, (c) leaves the licensed area in good repair when the licence ends, and (d) removes improvements to the licensed area as North Cowichan directs when the licence ends, then North Cowichan must refund the Society the deposit without interest. Otherwise, the Society forfeits the deposit to North Cowichan.
Continuation of Licence
41. If the Society continues to occupy the licensed area after June 5, 2015, then the licence continues on the same terms, except that (a) the Society must pay North Cowichan $100 per month in advance for every month or part of a month that the Society continues to occupy the licensed area, and that (b) North Cowichan may cancel the licence in writing anytime.
L of O - Cowichan Trail - Maple Mtn Page 4 of 17 Box 278, 7030 Trans Canada Highway, Duncan, BC, V9L 3X4 Ph: 250-746-3100 Fax: 250-746-3133 www.northcowichan.ca 29 Dispute Resolution
42. North Cowichan and the Society agree to try to resolve disputes that arise from or in connection with this licence as efficiently and cost-effectively as possible.
43. North Cowichan and the Society agree to try to resolve disputes by negotiation. To aid negotiation, North Cowichan and the Society agree to fully and frankly disclose relevant information.
44. North Cowichan and the Society agree that if a dispute is unresolved 30 days after negotiation begins, then they must try to resolve the dispute by negotiation (a) mediated by a neutral person whom the British Columbia International Commercial Arbitration Centre (called B.C.I.C.A.C.) appoints, and (b) administered under B.C.I.C.A.C.’s Mediation Rules.
45. North Cowichan and the Society agree that if a dispute is unresolved 30 days after B.C.I.C.A.C. appoints a mediator, then they must submit the dispute to arbitration administered by B.C.I.C.A.C. The place of arbitration must be North Cowichan.
Freedom of Information
46. The Society acknowledges that the Freedom of Information and Protection of Privacy Act might require disclosing (a) this licence, and (b) records relating to this licence that are in North Cowichan’s custody or under its control.
To show their agreement, the parties have signed this licence on ______, 201__.
Cowichan Trail Stewardship Society: The Corporate Seal of the Corporation Signature(s) of Authorized Signatory(s): of the District of North Cowichan was hereunto affixed in the presence of:
Robin Kenyon, President
Jane Kaiser, Treasurer J.W. Lefebure, Mayor
Signature of Witness M.O. Ruttan, Corporate Officer
Printed Name of Witness
Address of Witness
L of O - Cowichan Trail - Maple Mtn Page 5 of 17 Box 278, 7030 Trans Canada Highway, Duncan, BC, V9L 3X4 Ph: 250-746-3100 Fax: 250-746-3133 www.northcowichan.ca 30 Schedule 1
L of O - Cowichan Trail - Maple Mtn Page 6 of 17 Box 278, 7030 Trans Canada Highway, Duncan, BC, V9L 3X4 Ph: 250-746-3100 Fax: 250-746-3133 www.northcowichan.ca 31 Schedule 2 Trail Construction and Maintenance Standards
L of O - Cowichan Trail - Maple Mtn Page 7 of 17 Box 278, 7030 Trans Canada Highway, Duncan, BC, V9L 3X4 Ph: 250-746-3100 Fax: 250-746-3133 www.northcowichan.ca 32 L of O - Cowichan Trail - Maple Mtn Page 8 of 17 Box 278, 7030 Trans Canada Highway, Duncan, BC, V9L 3X4 Ph: 250-746-3100 Fax: 250-746-3133 www.northcowichan.ca 33
L of O - Cowichan Trail - Maple Mtn Page 9 of 17 Box 278, 7030 Trans Canada Highway, Duncan, BC, V9L 3X4 Ph: 250-746-3100 Fax: 250-746-3133 www.northcowichan.ca 34
L of O - Cowichan Trail - Maple Mtn Page 10 of 17 Box 278, 7030 Trans Canada Highway, Duncan, BC, V9L 3X4 Ph: 250-746-3100 Fax: 250-746-3133 www.northcowichan.ca 35 L of O - Cowichan Trail - Maple Mtn Page 11 of 17 Box 278, 7030 Trans Canada Highway, Duncan, BC, V9L 3X4 Ph: 250-746-3100 Fax: 250-746-3133 www.northcowichan.ca 36
L of O - Cowichan Trail - Maple Mtn Page 12 of 17 Box 278, 7030 Trans Canada Highway, Duncan, BC, V9L 3X4 Ph: 250-746-3100 Fax: 250-746-3133 www.northcowichan.ca 37
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L of O - Cowichan Trail - Maple Mtn Page 15 of 17 Box 278, 7030 Trans Canada Highway, Duncan, BC, V9L 3X4 Ph: 250-746-3100 Fax: 250-746-3133 www.northcowichan.ca 40
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L of O - Cowichan Trail - Maple Mtn Page 17 of 17 Box 278, 7030 Trans Canada Highway, Duncan, BC, V9L 3X4 Ph: 250-746-3100 Fax: 250-746-3133 www.northcowichan.ca 42 Report
Date May 28, 2013 File: 2360-40 LAI To Council From Mark Ruttan, Director of Administration Endorsed:
Subject Encroachment Agreement - 9752 Willow Street
Purpose
The purpose of this report is to recommend that Council grant Owl’s Nest Bakery Bistro an encroachment to use part of the sidewalk fronting 9752 Willow Street in Chemainus for outdoor café seating.
Background
On July 19, 2012, Council granted an encroachment agreement to Little Town Market Co. to allow tables and chairs to be placed within the road right-of-way fronting 9752 Willow Street.
On May 8, 2013, North Cowichan received a request for a similar encroachment from the new tenants of 9752 Willow Street to permit 3 tables and 12 chairs for seasonal outdoor sidewalk café seating.
Discussion
This application is before Council because encroachment agreements are personal and do not run with the land. Engineering Department staff confirm that the minimum required unobstructed sidewalk width can be accommodated. The only change to the agreement is that the encroachment area will accommodate one less table than the previous encroachment.
Implications
There are no envisioned financial, personnel, environmental or social implications to Council approving this agreement for the new owner.
Recommendation that Council approve, and authorize the Mayor and Corporate Officer to sign, an encroachment agreement with the Owl's Nest Bakery Bistro to use a portion of the sidewalk fronting 9752 Willow Street for outdoor café seating.
Attachment
43 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca MUNICIPALITY of North
Encroachment Agreement COWICHAN
This Agreement made this day of , 2013.
BETWEEN: Owl’s Nest Bakery Bistro c/o Jacky Lai, Owner/Operator 9752 Willow Street Chemainus, BC V0R 1K1
(hereinafter called "the Owner")
OF THE FIRST PART: AND: District of North Cowichan Box 278 - 7030 Trans-Canada Highway DUNCAN, BC V9L 3X4
(hereinafter called "the Municipality")
OF THE SECOND PART:
WHEREAS the Owner has requested the Municipality grant permission to construct, use or continue to use the existence of an encroachment appurtenant to the properties shown in Schedule "A" attached herewith, comprising approximately 143.6 m2, to permit 3 tables and 12 chairs to be placed within the road right-of-way fronting 9752 Willow Street, which request the Municipality has agreed to grant, by Council resolution on June 5, 2013, subject to all provisions of Municipal bylaws, and the terms and conditions herein set forth:
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT THE PARTIES AGREE AS FOLLOWS:
1. That, in consideration of the premises and covenants contained herein to be performed and observed by the Owner, the Municipality doth grant the Owner permission to utilize the area outlined on Schedule "A" attached hereto, for the purpose of seasonal outdoor sidewalk café seating for a 5-year term, effective the date signed.
2. It is hereby understood, covenanted and agreed by and between the parties hereto that no provision of these presents and no act or omission or finding of negligence, whether joint or several, as against the Municipality, in favour of any third party, shall operate to relieve, or be deemed to relieve, the Owner in any manner whatsoever from any liability to the Municipality in the premises, or under these presents, or under the provisions of the Local Government Act, and amendments thereto.
3. The Owner covenants and agrees:
(a) to pay the Municipality the TWO HUNDRED DOLLAR ($200) fee upon signing this agreement, as prescribed in the Fees Bylaw;
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(b) to save harmless the Municipality from any and all liability whatsoever arising out of the Owner's encroachment upon, under or over the highways of the Municipality and the Owner's construction of anything upon, under or over the highways or the Owner's maintenance of anything upon, under or over the highways or the Owner's occupation or use of the highways or the ground below or the air above for the purpose of such encroachment. And the Owner doth hereby charge his interest in the lands hereinbefore described in favour of the Municipality for the payment of all sums which may at any time hereafter be payable by the Municipality in respect of any claim, loss, damage or expense of whatsoever kind arising from the construction, maintenance or existence of the said work or from the permission hereby granted, and to answer any indemnity or payment provided in the said by-laws referred to herein, or under the terms of this agreement;
(c) to deposit with the Municipality a policy of public liability insurance in the amount of TWO MILLION DOLLARS ($2,000,000.00), naming the Municipality as an additional insured, in a form and amount acceptable to the Municipality insuring both the Owner and the Municipality against any loss resulting from the occurrences mentioned in (b) above. Cancellation of such insurance will serve to immediately cancel this agreement and any right the Owner derives hereunder. The policy shall provide the Municipality with 30 days written notice prior to any cancellation; and
(d) at all times to observe and perform the provisions of the bylaws of the Municipality. This agreement shall be at all times subject thereto and if the Owner fails to comply with the Municipality's bylaws, following reasonable notice in writing to do so, all rights of the Owner hereunder may be terminated and the Municipality shall be entitled to proceed with the enforcement of any security or indemnity herein provided, or upon any bond or otherwise in satisfaction of any claim, loss or expense of whatsoever kind arising under this agreement, or from the permission hereby granted.
4. It is hereby understood and agreed between the parties hereto that this agreement shall not in any way operate to restrict the right of the Municipality at any time to:
(a) alter the road, sidewalk or boulevard, whether by widening the roadway, sidewalk or boulevard, or by raising or lowering the elevation of the roadway, sidewalk or boulevard abutting or adjoining the lands hereinbefore described, and notwithstanding that the effect of such alteration in width and/or elevation may be to render the said works useless for the purposes of the Owner; and
(b) construct or permit the construction of any form of structure or utility on, over or under any portion of the highway and for such purpose require that the works be removed in part or in whole; and the Owner covenants that, in the event of the Municipality effecting any such alteration as aforesaid in the width and/or elevation of the said roadway, sidewalk and/or boulevard, or in requiring removal of all or part of the works, the Owner will release and forever discharge, and doth hereby release and forever discharge, the Municipality from all manner of claims of any nature whatsoever, which may arise by reason of such alteration in width and/or elevation as aforesaid, or by reason of the discontinuance and removal of the subject of this agreement, as a result of such alteration in width and/or elevation or construction.
5. In particular, but without restricting the generality of the foregoing, it is understood and agreed that:
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(a) this agreement may be revoked at any time by the Municipality.
(b) the Owner will at all times, and at his own expense, keep and maintain the said works in good and sufficient repair and cleanliness to the reasonable satisfaction of the Director of Engineering and Operations.
(c) in the event of the termination of this agreement from any cause whatsoever, the Owner will, at his own expense, and within a period of one month from the date of such termination, or such further or shorter period as may be specified by the Municipal Council, remove any structure or works and fill up any excavation made, constructed or maintained, with respect to such encroachment, and replace and put the sidewalk, street, lane, or other public place, in, under or over such area in the same condition as the adjoining sidewalk, street, lane or other public place to the satisfaction of the Director of Engineering and Operations; and
(d) upon the event of the Owner failing to keep any encroachment or covering thereof in good and sufficient repair, to the reasonable satisfaction of the Director of Engineering and Operations, or failing to remove any structure or works or to fill up any excavation, the Municipality shall make such repairs, including structural changes, when it deems necessary, or remove such structures or works, or fill up such excavation, as the case may require, in the opinion of the Director of Engineering and Operations, and the Owner shall pay the costs of such work to the Municipality forthwith; and in default of payment thereof, the amount of such cost and interest at six percent (6%) per annum may be recovered in any Court of competent jurisdiction, or the same may be recovered in like manner as overdue taxes against the lands to which such area is appurtenant.
6. Time shall be of the essence.
7. This agreement is non-assignable and non-transferable.
8. Words herein importing the singular number or the masculine gender only, shall include more persons, parties or things of the same kind than one, and females as well as males, and the converse, and, unless the context requires a different meaning, words herein shall bear the same meaning as in the Municipal bylaws aforesaid.
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IN WITNESS WHEREOF the Owner and the Municipality have hereunto set their hands and seals the day and year first above written.
Signed, sealed and delivered by the authorized signatories of: Owl’s Nest Bakery Bistro The Corporate Seal of the Corporation of the District of North Cowichan was hereunto affixed in the presence of: Signature of Jacky Lai, Owner/Operator
Signature of Witness Jon Lefebure, Mayor
Printed Name of Witness Mark Ruttan, Corporate Officer
Address of Witness
7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca 47
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7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca 48
Report
Date May 13, 2013 File: SPP000260 To Council - Regular From Audrey Rogers, Planner Endorsed:
Subject Bonsall Creek Watershed Management Plan – DRAFT Terms of Reference
Purpose
The purpose of this report is to seek Council approval for staff to pursue funding from the Investment Agriculture Foundation for the purposes of developing a Bonsall Creek Watershed Management Plan within the Chemainus River Watershed based on an integrative planning and engineering approach as laid out in the Draft Terms of Reference outlined in Appendix 1 of this report.
Background
On July 2011, Council adopted a new Official Community Plan (OCP) that in part includes policy in support of agriculture, economic development, and environmental protection.
In May 2012, the Agricultural Advisory Committee had a workshop where they established their key priorities that were then supported by Council. During the balance of 2012, the Agricultural Advisory Committee (AAC) developed a work and implementation plan on the basis of the key priorities and the plan was supported as a strategic planning document by Council in January 2013.
The first, and most important priority identified by the committee is the production of a water management plan and this report and attached draft Terms of Reference are intended to begin that process. Subject to support from Committee and Council staff will refine a project brief, identify and seek funding from external sources as well as seeking allocation of funds from North Cowichan’s Agriculture Reserve Fund and other sources, and draft a Request for Proposal to appoint an external consultant to prepare the plan.
Discussion
The purpose of the Bonsall Creek Watershed Management Plan (BCWMP) is to undertake an integrated water supply and drainage management plan for the Bonsall Creek Watershed. The plan will consider land uses including existing and increased agricultural use, local jurisdictions and private lands, First Nations, municipal and private forest reserves, recreation and area development within the Bonsall Creek Watershed and the Chemainus River Aquifer. It will give consideration to:
supporting the needs of each stakeholder while considering the full water cycle of the area; how best to secure access to water when or where needed; address negative impacts of drainage; efficient water use; and, improve water quality entering and leaving properties.
The intent is to develop specific actions and implementation strategies including an implementation plan and budget and consultation plan that respect the needs of each stakeholder while considering the environmental policies set out in North Cowichan’s Official Community Plan (OCP).
49 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca Page 2
Further, while the AAC has initiated this process, the committee through their Work and Implementation Plan have clearly expressed the need to ensure that water quality is achieved as it enters individual sites and as it leaves the site – that water is a resource that needs to be used wisely.
The intent of the Terms of Reference is to work within a watershed-based land use planning process to establish a water management plan for one watershed in North Cowichan, the Bonsall Creek watershed. The plan will inform an approach, process and implementation strategies that will address water management issues throughout North Cowichan. The proposed focus on one watershed will allow the plan to delve into watershed specific details, strategies, and design as supported by a water management vision. The Bonsall Creek has been identified as the preferred watershed to study due to its regional significance and importance in relation to potable drinking water, drainage and seasonal flooding of agricultural lands, and large tracts of land within the Municipal Forestry Reserve.
Land uses within the watershed and aquifer boundaries include rural residential, a small fishing industry, agricultural and forestry as well as a limited amount of commercial and industrial lands. The intent of the Bonsall Creek Watershed Management Plan is to create a clear and concise plan which establishes finer grained planning and engineering policies for land use and infrastructure to guide future physical development in the area, improving water quality, access and control, and building on the goals and objectives established in the North Cowichan OCP, Strategic Agricultural Plan (SAP) and the AAC’s Work and Implementation Plan.
Further, a key component of the plan is establishing a common community vision of agriculture, of water quality and the establishment of a consultation plan to support the implementation of the strategies.
In anticipation of increased agricultural production through either the increase in intensity on existing lands or by clearing and placing more lands into agricultural production the outcomes of the plan are intended to include an improved understanding of current and future agricultural needs for groundwater and surface water sources and will help to:
develop a shared vision of agriculture for the study area; enhance agriculture opportunities in the community; improve water quality entering and leaving properties and address drainage issues to lessen the potential for water use conflict; integrate agriculture with other priorities within water planning areas; prepare an agriculture water reserve recommendation; include an implementation plan
To ensure that all issues are well understood and that existing and potential impacts are mitigated an Advisory Working Group (AWG) will be created to manage this project. The AWG will consist of a number of stakeholders from First Nations, the agriculture, forestry, and fishing sectors as well as rural residential and others as appropriate and including representation or technical support where available from governmental and non-governmental agencies as well as key North Cowichan staff. The AWG will act as a sounding board at key stages in the process prior to wider public consultation.
Options
50 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca Page 3
The draft Terms of Reference attached in Appendix 1 of this report will be further reviewed and refined by Parks and Recreation, Municipal Forestry, Engineering, and Planning and Development departments. Once funds have been established in the Agricultural Reserve Fund, and if external sources have committed to providing funding for this purpose the Terms of Reference will be returned to Committee and Council for ratification and issuance, if needed. The budget for the plan is to be established but it is anticipated to be required in two stages as expressed in the Terms of Reference. The first stage will establish the baseline and the second stage will produce the Consultation Plan and the BCWMP; both stages include obtaining public input to be reflected in the results. It is anticipated that each stage will require a budget of $70,000, for an overall project budget of $140,000. The proposed funding strategy would see up to 50% (to a maximum of $70,000) of the funding for the study provided through the Investment Agriculture Foundation of BC (IAF).
Implications
The watershed consists of a number of critical components and land uses that reflect the variety of stakeholders with interest in and influence on water management within North Cowichan: private and municipal forest reserves, agriculture, rural residential, farm market, a small fishing industry, which includes crabs, prawn, long line (halibut), shell fish1 as well as recreational fishing. Further, industrial lands have a significant role to play on lands that abut the watershed and impact Stuart Channel. The Halalt and Penelakut First Nations have water quality issues and flood management challenges. The intent of the plan is to establish forestry and agricultural practices that also reduces the impact on First Nations’ lands as well as improving system hydrology, water balance and water quality.
Recommendation
That Council support the Watershed Management Plan for the Bonsall Creek Watershed – Draft Request for Proposal (as outlined in Appendix 1) for the purposes of applying for funding from the Investment Agriculture Foundation to develop a Chemainus River Watershed Management Plan.
Attachment(s): Bonsall Creek Watershed Management Plan – Draft Terms of Reference
1 Boats moored at Chemainus and Crofton Small Craft Harbours 51 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca
July 15, 2013
DRAFT Request for Proposal to Develop a
WATERSHED MANAGEMENT PLAN FOR THE BONSALL CREEK WATERSHED (OF CHEMAINUS RIVER WATERSHED)
Municipality of North Cowichan Box 278, 7030 Trans Canada Highway Duncan, BC V9L 3X4 Tel: 250-746-3100 Fax: 250-746-3133
52
TABLE OF CONTENTS
PURPOSE ...... 3
INTRODUCTION ...... 3
PROJECT OBJECTIVES ...... 9
REFERENCE DOCUMENTS AND PLANS ...... 10
DESCRIPTION OF WORK ...... 10
METHODOLOGY ...... 12
DELIVERABLES ...... 15
PROJECT SCHEDULE ...... 16
SUBMISSION REQUIREMENTS ...... 16
PROJECT BUDGET ...... 17
LIAISON WITH THE CONSULTANT ...... 17
SUBMISSION OF PROPOSALS ...... 17
53 PURPOSE
The Municipality of North Cowichan requests proposals from qualified consulting teams to undertake an integrated water supply and drainage management plan for the Bonsall Creek Watershed, a sub- watershed within the Chemainus River Watershed. The plan will consider land uses including existing and increased agricultural use, local jurisdictions and private lands, First Nations, municipal and private forest reserves, recreation and area development within the Bonsall Creek Watershed. The primary purpose of the plan is to give consideration to supporting the needs of agriculture while considering the full water cycle of the area, how to best secure access to water when or where needed, address negative impacts of drainage, use water efficiently, and improve water quality entering and leaving properties. The intent is to develop specific actions and implementation strategies including an implementation plan and budget, and performance targets and measures. The plan must respect the needs of each stakeholder while considering the environmental policies set out in North Cowichan’s Official Community Plan (OCP).
INTRODUCTION
North Cowichan The (Municipal) Corporation of the District of North Cowichan is located on Vancouver Island and is located between the Town of Ladysmith to the north and the City of Duncan to the south. It is the largest municipality within the Cowichan Valley Regional District, was incorporated in 1873, is over 20,000 hectares in size and has a population of approximately 30,000 people. Included within North Cowichan’s long term objectives is to manage growth by focusing residential growth in one of three urban containment boundaries (UCBs) that reflect the municipality’s existing urban pockets within a primarily rural municipality. UCBs encourage the concentration of service delivery, and take maximum advantage of existing infrastructure; and further, are intended to prevent sprawl and reduce the pressure on rural lands, environmentally sensitive lands and agricultural lands in particular.
The area has a long tradition of farming dating back to the 1850s. Currently, the Municipality has 1,279 properties in the Agricultural Land Reserve1. This is a reduction from the 1,325 parcels in the ALR that existed at the time the Municipality’s Strategic Agricultural Plan (SAP) was adopted by Council in 2001. In 2001, there were 772 active farms in the Cowichan Valley of which 242 were in North Cowichan. Currently there are approximately 685 farms in the Cowichan Valley of those 3742 are active farms located in North Cowichan. Agriculture forms an important and vital component of our economy and supporting agriculture has been and continues to be a strategic priority. The initiation, committee support for the proposed water management plan comes from the North Cowichan’s Agricultural Advisory Committee.
Agricultural Advisory Committee In 2001, North Cowichan finalized their Strategic Agricultural Plan (SAP). It was initially intended to be supported and implemented by a variety of agricultural non-government organizations but, as time
1 Ministry of Agriculture Review 2012 2 Ministry of Agriculture Review 2012 – preliminary results; does not mean that farm revenues have increased Page | 3 54 went on, farmers and others felt that it was not receiving sufficient focus. As a result Council established by bylaw the Agricultural Advisory Committee in 2005, in part to ensure the implementation of the SAP. Since 2005, the committee has provided input on North Cowichan development applications in the Agricultural Land Reserve and has raised concerns about agricultural issues; however, sufficient resources to address the priorities of SAP were not available. With support from Council and Administration the committee held a workshop in May of 2012 to discuss their role, and priorities as a committee. As a result they established their key priorities, which received approval in principal from Council, and the committee met through the balance of 2012 to develop a work and implementation plan based on their priorities. The AAC's Work and Implementation Plan was approved by Council as a strategic plan in January 2013. The work plan provides more structure to the Strategic Agricultural Plan in order to strengthen the Municipality’s ability to help, through the allocation of appropriate resources, achieve the objectives of the plan, the OCP and support agriculture viability as part of the region’s economic development.
The ACC priorities are as follows: 1) Water Management; 2) Economic Development; 3) Regulatory Barriers; 4) Bylaws Policy and Land Use, and; 5) Agriculture Reserve Fund.
The first priority and the committee’s most important priority, the water management plan, is intended to address the particular needs of agriculture with respect to access to water, drainage and control, water use efficiency, and water quality. In regards to water management, a number of approaches and solutions have been considered and tried in the past with limited success. The ongoing challenges of different jurisdiction and private landowner interests have made it difficult to find long term solutions.
Further to the needs of the agriculture sector, North Cowichan’s Official Community Plan also identifies a number of environmental objectives with respect to water as well as objectives with respect to community consultation on issues that matter to the community at large. Any water management plan must consider a variety of stakeholder needs. The OCP also identifies climate change as a community wide problem that will require mitigation and adaptation strategies. The impacts will result from sea level rise, greater rainfall in winters and longer, hotter and drier summers in the Cowichan Valley3. The Climate Action and Energy Plan and North Cowichan’s Design Guidelines set out expectations with respect to energy and water conservation and the OCP establishes goals to achieve best management practices.
North Cowichan Watersheds Lands in North Cowichan are influenced by 5 watersheds: Cowichan River, Chemainus River, Bonsall Creek, Crofton Lake and Banon Creek. The Bonsall Creek watershed is considered a sub-watershed of the Chemainus River. Within North Cowichan are 6 mountains (Big Sicker, Little Sicker, Mount Richards,
3 Data supplied by Climate Action Initiative, BC Agriculture and Food for the Cowichan Valley, 2013 Page | 4 55 Mount Tzouhalem, Mount Provost, and Maple Mountain), numerous valleys, rivers, creeks, lakes, flood plain areas and just over 53 kilometers of coastline.
The intent of these terms of reference is to work within a sub-watershed-based land use planning process to establish a water management plan for one watershed in North Cowichan, the Bonsall Creek watershed while recognizing its fit within the Chemainus River watershed. The plan will inform an approach, process and implementation strategies that will address water management issues throughout North Cowichan. The proposed focus on one watershed will allow the plan to delve into watershed specific details, strategies, and design as supported by a community based water management vision.
Regional
Watershed Focus of the Bonsall Creek Watershed Management Plan Neighbourhood & Site
Chemainus River Watershed The Chemainus River Watershed is a regional watershed that begins in the Cowichan Valley Regional District at Mount Whymper, north of Youbou and flows east to include Mount Brenton before entering North Cowichan. The Chemainus River Watershed includes a separate smaller watershed the Bonsall Creek Watershed that is entirely within North Cowichan.
Page | 5 56
Page | 6 57 Bonsall Creek Watershed The Bonsall Creek Watershed is approximately 3,595 hectares in size, consists of two major creeks – the Whitehouse Creek (draining the north side of Mt. Sicker), and the Bonsall Creek (draining the north east side of Mr. Prevost and the southeast side of Little Mt. Sicker). Other water courses exist as well with Solly’s Creek that drains Solly’s Lake being of interest to the study area with respect to drainage. For the most part, the mountains are part of North Cowichan’s municipal forest reserve. Between the mountains Bonsall Creek flows through highly productive agricultural land to lower agricultural areas that are seasonally inundated with water. The creek flows through the Halalt and Penelakut reserve lands prior to entering an estuary.
Figure 1: Bonsall Creek Watershed (light grey area)
For the purposes of this plan, a small adjoining area of the Chemainus River watershed is included in the study area because the Chemainus River aquifer overlaps into the Bonsall Creek Watershed. The study area is identified in the following illustration.
Page | 7 58 Figure 2: Study Area – to include Chemainus River Aquifer
The watershed consists of a number of critical components and land uses that reflect the variety of stakeholders with interest in and influence on water management within North Cowichan: private and municipal forest reserves, agriculture including a fish farm, rural residential, farm market, a small fishing industry, which includes crabs, prawn, long line (halibut), shell fish4 as well as recreational fishing. Further, industrial lands have a significant role to play on lands that abut the watershed and impact Stuart Channel.
The land in the eastern part of the watershed contains a significant flood plain area (550 hectares) much of which is either within the Agricultural Land Reserve (ALR) (~427 hectares) or upon which is located the Halalt First Nation (~107 hectares) and Tsussie (Penelakut First Nation)(~15 hectares) reserve land. To address failing septic fields North Cowichan worked with the Penelakut First Nation to install a sewer system connecting Tsussie reserve lands to North Cowichan’s sewage system. The work was completed in 2011.
4 Boats moored at Chemainus and Crofton Small Craft Harbours Page | 8 59 The Halalt have been involved since the early 1990s with North Cowichan’s municipal forester, representatives from the agricultural community, from the Ministry of Agriculture and others to address water challenges on their lands. The Halalt and Tsussie have water quality issues and flood management challenges. The intent of the plan is to establish forestry and agricultural practices that also reduces the impact on Halalt and Tsussie lands as well as improving system hydrology and water quality.
There are approximately 1,360 hectares of land within the study area that are within the Agricultural Land Reserve; 1,218 hectares within the Municipal forest reserve and 242 hectares of privately owned forest lands.
Land Use Inventory In 2012, the Ministry of Agriculture undertook a land use inventory of agricultural uses in the Cowichan Valley, including the Chemainus River watershed area. This data will be made available to help inform the development of the watershed management plan for Bonsall Creek watershed.
Additional Background The consultant will deliver a watershed management plan and a comprehensive implementation strategy, policy and projects including a comprehensive implementation budget. The OCP contains objectives and policies related to agriculture, forestry, mining, and protection of rural land- and sea- scapes, housing and servicing in rural areas, the environment, hazard lands, and archaeology. The plan needs to develop a shared vision that captures all goals within the OCP.
The AAC’s Work and Implementation Plan, Priority 1, contains information with respect to agricultural issues, outcomes and considerations for a plan that supports agriculture. The intent is to enhance agriculture opportunities while reducing as much as possible water use conflicts by integrating agriculture within the priorities of the Plan.
Aquifer In addition to the watershed is the Chemainus River aquifer that is impacted by the land uses, seasonal weather patterns and climate change. Information about the location of the aquifer in the study area will be provided by North Cowichan – the aquifer is included in the study area. As per a study done by the Vancouver Island University, there are significant lands within the Bonsall Creek Watershed that have a high vulnerability rating in that the groundwater system is susceptible to contamination. The intent of these terms of reference is not to include an aquifer study but to utilize the knowledge available to inform the watershed management plan.
PROJECT OBJECTIVES The Plan’s objectives include: The intent of the Bonsall Creek Watershed Management Plan is to create a clear and concise plan that establishes finer grained planning and engineering management policies for land use and infrastructure to guide future physical development in the area, improving water quality,
Page | 9 60 access, and control and building on the goals and objectives established in the North Cowichan OCP, CAEP, SAP and AAC’s Work and Implementation Plan. Developing an understanding around the control of drainage from existing highways, roads, rail and other built development within the watershed. This includes identifying key areas of control and system design that would improve the watershed water balance. Preparing and analyzing legislation related to water and establishing draft bylaws, policies and practices for water management that can be undertaken by the Municipality in support of agriculture. Creatively engaging the stakeholders to create a plan that embodies their vision for water resources. Outcomes must include an improved understanding of current and future agricultural needs for groundwater and surface water sources. Develop a shared vision of agriculture in the community; Enhance agriculture opportunities in the community; Lessen the potential for water use conflict; Integrate agriculture with other priorities within water planning areas; Prepare an agriculture water reserve recommendation; Include an implementation plan
REFERENCE DOCUMENTS AND PLANS The following documents, plans and studies should inform the development of the Bonsall Creek Watershed Management Plan.
North Cowichan Official Community Plan, 2011 North Cowichan Zoning Bylaw #2950, 1997 Municipality of North Cowichan Climate Action and Energy Plan, 2013, Sustainability Solutions Group Cowichan Valley Energy Mapping and Modelling, 2012, Energy Analysis Agriculture Water Demand Model (Province of BC)) Living Water Smart – BC’s Water Plan (Province of BC) British Columbia’s Water Act Modernization (Province of BC) North Cowichan Engineering Standards (Bylaw 1851) North Cowichan Drainage Design Guidelines (2012)
Other plans and studies will be supplied as part of the background review.
DESCRIPTION OF WORK The scope of the work includes preparing a detailed, deliverable Watershed Management Plan for the Bonsall Creek Watershed. Initially the plan will be comprised of a Baseline Report complete with vision and goals to be addressed in Stage 2. Stage 2 will include finalizing a consultation plan for implementation, and preparation of a Watershed Management Plan that will include the objectives, options, actions, policy, performance goals, implementation strategies, implementation budget and site design solutions to address water demand, supply, quality, drainage, and aquifer impacts.
Page | 10 61 The outcome should be a watershed management plan that is: Founded on a robust and credible evidence base; The most appropriate combinations of strategies when considered against reasonable alternatives, deliverables, as well as being flexible; Will have a detailed implementation strategy including a detailed budget and consultation plan; and Able to be monitored over time to ensure progress is being achieved consistent with the Official Community Plan (OCP), Strategic Agriculture Plan (SAP), and Climate Action and Energy Plan (CAEP).
We anticipate that the consultant team will require a combined skill set in land use planning, surface and aquifer water management and quality, land economics, agriculture economics and processes, soils analysis, energy and climate change, and geotechnical / drainage engineering to accomplish the following: Develop an analysis and overview of the trends, challenges and opportunities within the study area. Develop a consultation plan to engage stakeholders including landowners, developers, CVRD, First Nations, agriculture, forestry, fishing and recreations sectors, community groups and residents Review existing Council policies and plans, and work with staff A Plan that is integrated with existing Municipality-wide plans and policies as per the OCP, SAP, and CAEP. A detailed Implementation Strategy which outlines the major projects and initiatives discussed in the Plan, assignment of responsibility for those undertakings (i.e. Municipality, industry/agriculture sector, residents / taxpayers, partnerships, etc.), identifies a proposed timeline for implementation (short-term, medium-term, long-term), and provides implementation budgets and performance monitoring.
Specific elements that require particular attention, informed through the study include (but are not limited to): Outcomes must include an improved understanding of current and future agricultural needs for groundwater and surface water sources. The proposal must identify how the results of the planning process will be used to: enhance agriculture opportunities in the community; recognize, reduce, and develop strategies to address water use conflicts; integrate agriculture with other priorities within water planning areas; prepare an agriculture water reserve recommendation; Other issued which may need to be considered based on the overarching goals of the OCP The Plan must be financially viable for the District of North Cowichan, the stakeholder groups and citizens.
Page | 11 62 METHODOLOGY The following ideas are presented for consideration by the consulting team but do not represent an explicit work program. The project will be accomplished in two major stages that consist of key components. Each key component will have explicit outputs.
Public and Sector Engagement Staff Coordination Team Develop Public Outreach Strategy Establish Advisory Working Group
Water and watershed Issues and Information Gaps Analysis Review existing information on Gather and consolidate public input water issues and identify gaps.
STAGE 1
Respond to Water Issues Prepare water issues and water Gather public input on report, facts reports including a data base performance targets, vision and of information collected goals Agriculture Water Demand Model Set performance targets Develop vision and goals Baseline Review
Prepare the draft Bonsall Creek Watershed Management Plan Develop the objectives, options, Gather and consolidate public input actions, policy, implementation on Consultation Plan and draft strategies, implementation budget Watershed Management Plan and site design solutions to address: Water demand; Water supply; Water quality; STAGE 2 Drainage; Aquifer Impacts Finalize Consultation Plan
Review and approve Bonsall Creek Watershed Management Plan Revise draft Bonsall Creek Submit plan for approval by North Watershed Management Plan Cowichan Council based on public input
Page | 12 63 Stage 1 Coordination and Consultation - Consultant At all stages of the process, the consultants will be reporting to and working with a staff steering group comprised of representatives from Planning & Development, Engineering, Parks and Recreation, and Forestry from the District of North Cowichan. An Advisory Working Group (AWG), comprising of a number of stakeholders from the agriculture, forestry, and fishing sectors and include First Nations, rural residential and others as appropriate and including representation or technical support where available from governmental and non-governmental agencies is proposed and will be established by North Cowichan. The AWG will act as a sounding board at key stages in the process prior to wider public consultation. The consultants will work with staff and the Advisory Working Group to develop a formal consultation plan to ensure meaningful and effective consultation with First Nations, residents of the area, economic sectors, landowners, developers, agencies and other jurisdictions.
North Cowichan & CVRD Outputs: North Cowichan will prepare a package of information to assist the consultant, including but not limited to the following: Official Community Plan (2011) Agriculture Land Use Inventory (2012) Aquifer information for area (CVRD) Watershed boundaries (Forestry, 2003; and, OCP 2011, Map 16 ) Drainage Master Plan (1981) Well Protection Plan (2001) Fish Bearing Water Courses and Habitat data (CVRD) Vancouver Island Resources Aquifer Vulnerability Study (VIU, 2009) Environmental Assessment of the Chemainus River Watershed (2005) Other available background reports, policies, notes related to previous stakeholder initiatives, and strategies as found Establish Advisory Working Group
Baseline Review – Consultant The intent of the baseline review is to prepare a Water and Watershed Issues and Information Gaps Analysis Review existing information on water issues and identify gaps. Prepare an inventory of available information covering hydrometrics, drainage system, assessments (riparian, geotechnical, flooding, wildlife, soils, others), land uses, agriculture, recreation, public access, water quality, mapping, existing drainage plans.
Respond to Water Issues – Consultant Prepare water issues and water facts reports. Provide a data base of information collected. Key Issues: public input consultation
Page | 13 64 Set performance targets based on scenarios that include increasing available land for agricultural purposes as well as scenarios that may result from sector consultation. One of the key outcomes of the planning process is to secure water access for agriculture where determined. To ensure this deliverable this stage 1 report will need to address the following areas: agricultural land currently irrigated, agriculture groundwater use, agricultural licensed withdrawal and storage volumes, and provide background on provincial and federal policies, and water licencing legislation and regulation. Develop vision and goals: public input consultation. Internal Workshop (half day), to review scope, requirements and process: Representatives from Parks and Recreation, Forestry, Engineering, and Planning & Development to be present. Presentation and input to the Advisory Working Group on the key issues to be addressed, refine report and consultation. Product to public for review and comment. Finalize report and respond to input received. Staff to take baseline report in conjunction with consultation plan to Committee and Council for adoption prior to moving forward with Stage 2.
STAGE 2 – DRAFT Bonsall Creek Watershed Management Plan (BCWMP) – Consultant
Consultation Plan – Consultant Finalize the consultation plan The plan is expected to understand the values expressed by the stakeholders and public, to ensure early input is received and responded to with respect, to develop a set of tools and tactics appropriate for stakeholder and public needs, and to clearly identify the roles of Council, committee, staff, stakeholders, and consultant through the plan process. The consultation plan should, at minimum, recognize and conform to any requirements that may be set out in First Nations treaties. The consultation plan should clearly identify proposed communications deliverables that reflects traditional (newspaper, newsletter, media) and web based methods (such as web pages, social networking) Staff to take Consultation Plan to Committee and Council for adoption prior to moving forward with the Watershed Management Plan.
Watershed Management Plan - Consultant A draft BCWMP setting out the proposed land uses, broad development strategy including agriculture build out, seasonality of water supply (full water cycle), soil management, development thresholds, and type, ensuring that energy management and water conservation considerations are integrated into the plan. Identification of precedent examples as appropriate for the Bonsall Creek Watershed Identification of policy, design standards, and servicing upgrades needed to allow the plan to be implemented on a site basis. Demonstrating the plan is viable and robust.
Page | 14 65 One of the key outcomes of the planning process is to secure water access for agriculture. To ensure this deliverable projects will need to address the following areas: increased intensity of agricultural use, land suitability, future irrigated agriculture potential, future potential storage, consideration of provincial and federal policies and establishing agricultural water reserve recommendations. Further planning must include drought and or flood planning considerations. Another key outcome of the planning process is to ensure that appropriate water quality is achieved. Projects must provide an assessment of existing water quality issues, determination of water quality needs for irrigation, livestock and processing and strategies to address gaps in quality for all stakeholders. The development of an implementation plan to address strategies, policies and goals determined through the planning process should be included as an activity. Further the implementation plan should include a methodology to monitor performance of the implementation strategy to ensure that goals are met. The implementation plan should identify lead agencies, resources, timelines, and budgets for implementation and monitoring. Internal Workshop (day), to review scope, requirements and process: Representatives from Parks and Recreation, Forestry, Engineering, and Planning & Development to be present. Refined Consultation Plan Presentation and input to the Advisory Working Group on the recommendations, refine report and consultation Draft Plan Public Input Consultation Finalize BCWMP and respond to input received Staff to take BCWMP to Committee and Council for adoption and implementation.
DELIVERABLES For each of the STAGE documents, including 1) the baseline report, 2) the consultation plan and 3) the watershed management plan, the consulting team will provide the following to the Municipality of North Cowichan: One (1) unbound original hard copy of the final Baseline Report as part of Stage 1 and Consultation Plan and Bonsall Creek Watershed Management Plan as part of Stage 2; both to include supporting materials suitable for duplication including a description of public input received and how the input was addressed by the report. Ten (10) bound original hard copies of the final Baseline Report as part of Stage 1 and Bonsall Creek Watershed Management Plan as part of Stage 2. One (1) electronic copy of each document including all maps and figures in a format acceptable to the Municipality of North Cowichan. Provide a minimum of four (4) summary web pages in HTML format for display on the Municipality of North Cowichan websites. All electronic files will be submitted on a CD or USB memory stick in a format acceptable to the Municipality. Any data, maps, figures, charts, etc. will be in a format acceptable to the Municipality. All originals of maps, plans, drawings, etc. will be the property of the Municipality of North Cowichan.
Page | 15 66 PROJECT SCHEDULE The work should commence upon award of the contract. No fixed timetable has been prepared.
SUBMISSION REQUIREMENTS Proposals must include a breakdown of costs by project component, an indication of consulting team’s experience in undertaking similar projects, a listing of qualifications of the consulting team, at least two applicable references, and a draft project schedule including timelines for background study, public process and Plan development.
Selection Criteria Consulting teams that submit proposals will be evaluated based upon the following selection criteria:
Consulting Team – 20% Proposals must include a listing of the consulting team’s qualifications.
Past Performance – 25% Experience in undertaking similar projects. The project must be coordinated and supervised by a senior consultant with extensive experience working on projects involving multiple stakeholders. A sound knowledge of municipal processes, demonstrated ability to meet deadlines, and effective communication is required. Two applicable references will be supplied.
Methodology & Proposed Schedule 20% The consulting team is expected to have a good understanding of project requirements, and proposals will be clear, concise and consistent. The work plan and schedule should be realistic for completion of all works.
Quality of Consultation 10% The consulting team should have an innovative and creative approach in obtaining detailed and accurate input from stakeholders. The consultation plan should be submitted in detail.
Innovation 10% The consulting team should reinforce the introduction of innovative sustainable techniques and concepts in developing the Plan to meet local and regional interests.
Availability and Cost 15% Proposals must include a breakdown of costs by project component. Number of hours of each person and hourly rate of each person should also be included. The proposal should provide details concerning the recommended schedule and time frames for completing key stages of the work.
Following selection, the consulting team will begin the project immediately, and will carry it through according to the work plan and cost schedule submitted.
Page | 16 67 PROJECT BUDGET The project is anticipated to be completed in two phases.
Phase 1 budget has a maximum allowance of $50,500 available to the consultant to support the project. Funds for water quality testing are separately identified as $19,500 - the sampling is anticipated to be accomplished by volunteers – the funds identified are the cost of courier and testing. The total Phase 1 budget has a maximum allowance of $70,000.
Phase 2 budget has a maximum allowance of $70,000.
The consultant’s submission should provide details as to the estimated cost, activities, hourly rates and expenses.
LIAISON WITH THE CONSULTANT The Deputy Director of Planning & Development (or designate) will be directly responsible for project administration.
Consultants should address all questions regarding application requirements to Brian Green, Deputy Director of Planning & Development, by phone at 250-746-3155, by fax at 250-746-3154, or by email: [email protected].
SUBMISSION OF PROPOSALS Proposals, clearly marked “Bonsall Creek Watershed Management Plan”, are to be submitted by 1 September, 2013, to:
Municipality of North Cowichan Mark Ruttan, Director of Administration Box 278, 7030 Trans Canada Hwy Duncan, BC V9L 3X4 Phone: (250) 746-3100 Fax: (250) 746-3133
Page | 17 68 Report
Date May 30, 2013 File: 8930-20 ANN To Council From Darrel Frank Endorsed:
Subject 2012 Annual Forestry Report
The year 2012 saw positive changes in log prices. As a result of these changes, the Forestry Department generated a small profit of $9,602.
The harvesting program generated $1,141,200 in log sales from 17,142m³ or $66.57/m³. The logging costs were $523,155 or $30.52/m³ with a balance of $36.05/m³ net after direct harvesting costs. Gross margins on the Forestry operation were 28% or $325,019. A total of 42.7 ha was logged, with net volume of 401m³/ha from five cut blocks. Operations took place on Mount Prevost, Mount Sicker, and Richards Mountain.
The Municipal Forestry program manages 25% of the land base of North Cowichan at no cost to the taxpayer. The program is funded by revenues generated from the land base, which includes log sales, land leases, and minor forest products. In 2012, the program donated three logging truckloads of firewood to non-profit groups supporting youth in the Cowichan and Chemainus valleys. The year’s winners were: Maple Bay Rowing Club, New Life Community Baptist Church, and Maple Bay Yacht Club - Junior’s program.
Also funded by the Forestry program were the Forest Legacy Fund Scholarship and Bursaries awards, and the Forest Legacy Fund Value-added Woodworking contest. This year’s Scholarship and Bursary winners were: Grace Peng $1,200. Scholarship Jordanne Jasman-Brooks $600. Bursary Taylor Farrell $600. Bursary
This year’s Value-added Woodworking contest winners were: Dylan Ash $500. Anthony Neufield $250. Chantal Bouchard $200. Ryan Aughey $200.
The Forestry program donated $4,200 to the Halalt First Nation for salmon enhancement work in Bonsall Creek.
The Forestry program generated 9.8 person years of work in 2012, hosted six woods tours, was used for the Cowichan Challenge Triathlon, and used as a backdrop for the Association of BC Forest Professionals recruiting video.
The 2012 Forestry program highlights are attached.
Recommendation
That Council accept the 2012 Forestry Annual Report as presented.
Attachment(s):1 69 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca Municipality of NORTH Report COWICHAN
Date April 9, 2013 File 8930-20 ANN
To Mayor & Council
From Darrell Frank, RPF, Municipal Forester Endorsed by
Subject 2012 Annual Report
Listed below are the 2012 Forestry Program highlights:
HARVESTING:
The 2012 budget was 20,500m³, generating $1,340,000, with logging expenses of $605,000. The actual accomplishment was 17,142m³, generating $1,141,200, with logging costs of $523,155. A total of 42.7 ha were logged, with an average net volume of 401m3/ha from five cut blocks. The average cut block size was 8.0 ha.
Accomplishments: Logging Sales $1,141,200. 17,142m³ $67.01/m³ Direct Logging Costs $523,155. 17,142m³ $30.52/m³
Firewood Permits: Revenue $1,665 Budget - $1,000
The public purchased 43 cords of wood, and Cowichan Valley Alternate School purchased 30 Cords.
Salal Permits: Revenue $350 Budget $1,000
The public purchased 5 permits for salal and one permit for boughs.
PLANTING: Costs - $47,290 Budget - $55,000
Accomplishments: 57.7 hectares were planted with 54,057 seedlings at a cost of $47,290 or $0.92 per seedling.
Initial Planting: 52.0 hectares were planted with 52,967 seedlings. Fill Planting: 5.7 hectares were planted with 1,090 seedlings.
Page 1 70 PLANTING - cont’d:
Species Planted:
Seedlings Percent
Douglas-fir 40,452 75 Western white pine 4,880 9
Western red cedar 5,960 11 Grand fir 2,675 5
Totals 53,967 100
Historical Accomplishment:
The Municipality has planted 1,875,804 seedlings since the start of its intensive silviculture program in 1982, and harvested 1,524 ha.
SURVEYS:
Survival surveys were established in the 2012 plantations to monitor seedling survival rates by our summer student. The 2012 plantations had a survival rate of 91%. The 2011 plantations were re-visited and they had a survival rate of 95% after two growing seasons.
Free-to-grow surveys were carried out on 57.1 ha and declared free growing. Two blocks, encompassing 8.8 hectares, were assessed for number of trees per hectare after treating them for the invasive species, Scotch broom, or potential low seedlings per hectare. Follow up treatments will be carried out on both of these blocks in 2013 by fill planting 8.8 ha.
Root rot surveys were conducted for 35.8 ha (six blocks) at a cost of $2,009. Total cost - $56/ha.
Tree Protection: Costs $15,389 Budget - $45,000
Accomplishments:
Deer repellent was applied to the Douglas-fir and Western red cedar 2012 planting stock prior to planting at a cost of $0.071 per tree. Tree cages were installed on 10.9 ha of seedlings with 4,914 cages at a cost of $1.56/tree. A deer repellent, Plantskydd, was applied with a backpack to a block in Stoney Hill after the cones had been removed, which included 8.2 ha at a cost of $1,038, or $127/ha. Maintenance of cages was done on 39.2 ha, which included straightening cages pushed over by Roosevelt elk, deer, and snow; and removing cones from trees which had grown taller than the cones. Finally, cones which had been removed were recovered for reusing on new trees in the future.
The deer and elk populations are having a significant impact on new seedling growth. Areas located east of the Trans Canada Highway are under increasing pressure from an expanding deer population especially close to urban areas. New conifer plantations may have 100% of the planted trees browsed by deer in their first growing season in the field. The deer browsing sets back tree growth for the first few years.
Page 2 71 Road Construction and Maintenance: Costs $158,895. Budget - $161,000
Road construction, road maintenance, and road deactivation were:
Activity
Major road construction, improvements, and temporary roads 4.4 km Road maintenance post-harvesting cleanup 1.8 km New culverts installed by North Cowichan 9
Quarries: rock developed 1,290 m³ Debuilt roads 0 m
Road grading 7.6 km
Snowplowing 0.6 km Roadside brush cutting for roadside visibility improvements 0 km Gate installation none
The Forestry Department maintains an estimated 170 km of roads in the Municipal Forest Reserve.
SITE PREPARATION: Costs $8,510 Budget - $14,000
Accomplishments: Logging debris areas piled and burned 38.6 ha
Logging debris areas piled in 2012, to be burned in 2013 26.5 ha
Tarping slash piles - 2 blocks 8.0 ha Mulching Scotch broom on Mt. Tzouhalem 1.6 ha
The fall burning program consisted of 135 piles from seven harvesting blocks. Burning results were good. The burning program was focused on cured piles, with logging completed prior to July 1, 2012. Piles were built according to the best management practices of the Southern Vancouver Island Smoke Management Plan. The members of the Committee include the Ministry of Forests, Ministry of Environ- ment, and major licensees operating on Southern Vancouver Island. The group exchange results, infor- mation, and training establishing the best practices for open air burning on forested lands. Burning took place on November 9, 2012.
Burning Costs - $5.26/pile ($2,850)
Estimated cost of chipping this material would have been approximately $54,000.
FIRE PROTECTION: Costs - $4,479 Budget - $12,400
The Municipal Forest Reserve gates were locked from August 9 to October 13, 2012. The year was very quiet, with no forest fires on the Municipal Forest Reserve.
Page 3 72 SECURITY AND VANDALISM: Costs - $13,049 Budget - $15,000
The expenditures were predominantly for blocking 4x4 access to our lands, and re-enforcing gates where vandals were cutting the pins off of gates for access to the Municipal Forest Reserve.
INTEGRATED RESOURCE MANAGEMENT: Costs - $356 Budget - $4,000
Definition - the term is used to describe the management of the Municipal Forest Reserve for other uses including recreation, wildlife, viewscapes, and biodiversity.
All harvesting areas incorporated single and group tree retention. Old growth Douglas-fir, Western white pine, wildlife trees, and 10 dominant and co-dominant trees were retained in all cut blocks.
WATERSHED ANALYSIS - Mount Sicker: Costs - $2,388 Budget - $5,000
Ongoing annual water monitoring has been done since 2003. The sampling has been done to measure the water for turbidity and suspended sediment from creeks which drain through the mid-slopes of the north face of Mount Sicker. The sampling has given us a short term baseline before a mid slope road and harvesting take place.
SILVICULTURE:
Contract crews completed the following:
Accomplishments:
Ha Budget Costs Cost/ha Plantation brushing - mechanical 52.3 28,000 9,873 189. ha Plantation brushing – hand pulling 28.0 5,000 6,567 234. ha Invasive species – Scotch broom 1.3 Invasive species – Tansy Ragwort 26.7 Herbicides gross area 40.2 16,000 14,898 371 ha Deer repellant application on seedlings 1,967 .071 tree White pine pruning 41.1 20,000 3,810 93. ha Tree caging installations (4,914) 10.9 7,627 1.56 tree Tree caging maintenance and cone recovery 50.1 7,761
Page 4 73 SILVICULTURE cont’d:
Plantation Brushing
*Manual Treatment: are carried out as required on a spot basis. The treatments are done where the plantations have been established with evenly distributed potential crop trees. Cutting is done where the competing vegetation will impact the growth of crop trees.
**Herbicide Treatment: is carried out where we have had problems getting a conifer plantation established. Competing vegetation, such as broom, has grown aggressively and spread through the cut block. The herbicide treatments will allow fill planting to get these areas back to restocked and healthy young stands of conifers.
With the addition of this year’s activities, the Municipality has completed the following activities since 1982.
Juvenile Spacing 2,206 Pruning 1,102 White Pine Pruning 853 Plantation Brushing 2,882 Harvesting 1,524
JOB CREATION PROGRAM:
The Municipality was funded by the Provincial Government through ICET (Island Coastal Economic Trust) and the Municipal Reverted Properties Fund. The approximately $86,000 was spent on creating a biking trail from the CVRD’s Osborne Bay Park to the Municipal Forest Reserve, Maple Mountain Block. An estimated 1.7 km was constructed.
COMMUNITY RELATIONS:
North Cowichan hosted six tours of the Municipal Forest Reserve. Other highlights for the year included the use of Mount Tzouhalem for the Cowichan Challenge Triathlon on July 8, 2012, at Fuller Lake/ Cottonwood area. The Municipal Forest Reserve was selected by the Association of BC Forest Professionals to be one of the sites to use as a backdrop for a forest professionals recruiting video.
Donations/Scholarship/Bursaries funded by the Forestry Department: 3 Logging truckloads of firewood $2,100 2 Bursaries @ $600 $1,200 2 Scholarship $2,400 Prizes for the Value-added Woodworking Contest through our local high schools $1,150 Bonsall Creek Salmon Enhancement Work through the Halalt First Nations $4,200
Page 5 74 Please find attached, the following: Appendix A 2012 Harvesting Summary Appendix B 1987 to 2012 Harvesting Appendix C 2012 Direct Employment Created from the Municipal Forest Reserve Appendix D 2012 Tours Appendix E 2012 Revenue and Expenditures
Darrell J. Frank, RPF Municipal Forester
Page 6 75 Page 7 76 Page 8 77 Page 9 78 Page 10 79 Page 11 80 Report
Date May 28, 2013 File: 4320-01 To Council From Mark Ruttan, Director of Administration Endorsed:
Subject Liquor Licence Change – Duncan Lanes Bowling Centre
Purpose
The purpose of this report is to recommend that Council decline comment on Duncan Lanes Bowling Centre’s liquor licence changes.
Background
Duncan Lanes Bowling Centre has requested a change to its current liquor licences in order to comply with present-day liquor licensing requirements. Currently, the Bowling Centre has 2 liquor licences: a “food primary licence” for 50 and a “liquor primary licence” for 30. As suggested by the Liquor Control and Licensing Branch (the Branch), the owners would like to (1) cancel their food primary licence #173767, (2) expand their liquor primary licence #37905 to 127, and (3) permit minors in bowlers’ area (but not the stand-alone lounge). Attached is an explanatory letter from the applicant and supporting materials.
Discussion
The change from a food primary licence to a liquor primary licence is arguably more appropriate for this venue. It will mean that liquor can be served in the concourse area without ordering food. That said, the applicant plans to expand it food offerings through the addition of a new deep fryer and pizza oven.
Also, under the new liquor primary licence, all of its staff will have to be over 19 and have food safe and serving it right accreditation. The applicant advises that it will have 1/5th of its bowling area and adjacent concourse set aside as an alcohol-free area and will maintain its current policy against serving alcohol whenever it has youth leagues, youth tournaments and Special-Olympic leagues playing.
Concerning the expansion of its liquor primary maximum occupancy, the applicant notes that no additional seating is being added. The 127 seats currently exist. In addition, there are 30 seats in the alcohol-free zone for a total occupancy capacity of 157 according to the Chief Building Inspector.
The Branch would like Council to consider passing a resolution commenting on the application. On September 19, 2012, Council passed a resolution advising the Branch that Council does not wish to comment on certain types of liquor licences. Council’s resolution does not cover permanent changes to liquor primary licences. Therefore, Council must first consider if it wants to comment on this specific application. If Council does not wish to comment on this application, it must pass a resolution declining the opportunity to comment. If Council wishes to comment, it must do so on the potential for noise and the impact on the community if the application is approved. If Council decides not to gather residents’ views of residents, it must provide its reasons, otherwise, Council must decide how it will gather residents’ views, gather the views, convey residents’ views to the Branch, comment on residents’ views, and then recommend whether the Branch should approve the application.
81 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca Page 2
Options
Council can 1) Decline the opportunity to comment on this application, or 2) Provide comments and a recommendation to the Branch.
Implications
If Council decides to gather residents’ views it will entail some minor cost and time. The effect of the changes seems to be administrative in nature and should have no impact on nearby residents.
Recommendation
That Council decline the opportunity to comment on Duncan Lanes Bowling Centre’s liquor licence changes.
Attachment(s):
82 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 Report
Date June 5, 2013 File: PL000204 To Council From Dave Pady, Planner Endorsed:
Subject Environmental Development Permit with Height Variance
Purpose
To consider approving an environmental development permit (DPA-3) for the construction of a four-car garage with a height variance of 2.49 meters.
Background
The subject property is zoned as Residential Rural Zone (R1) and covers approximately 0.77 Hectares (1.91 acres). The existing zoning only allows for accessory dwelling to reach a maximum of 5 meters in height. There is a dwelling on site and there are two Statutory Rights-of-Ways (SRW) registered on title. The two SRW’s provide drainage for storm water. The applicant is unable to relocate the garage outside of the DPA-3 environmental buffer because the entire property falls within the 30m assessment area either side of the watercourse. A Riparian Assessment Report (RAR) was submitted by the applicant in support of the application.
Discussion
Purpose of Development Permit Area 3 – Natural Environment (DPA-3) The DPA-3 objectives regarding watercourses are to preserve, restore and protect sensitive riparian and aquatic ecosystems. To work within the boundaries of a DPA-3 the applicant must generally demonstrate one or more of the following: A) Historical subdivision or construction has occurred before the DPA was designated. B) The DPA occupies so much of a pre-existing lot that it makes the lot undevelopable for the use permitted under its existing zoning. C) Because of topographic, natural hazard or other environmental constraints on the lot, there is no acceptable building site outside of the DPA. D) All opportunities to relax other development requirements (ie. setbacks, minimum lot size, parking) have been exhausted.
Applicants Rationale The applicant is proposing a four-car garage to accommodate his personal vehicles and motor home (for which a 3.65 meter ceiling on the ground floor was recommended). The second storey will serve as storage space for the proposed garage.
101 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca Page 2
Riparian Assessment While the proposed building site falls within the DPA-3 as it is located within 30 meters of a watercourse, a riparian assessment was carried out on site to determine the suitability of the proposed building. The site assessment and Riparian Areas Report was completed by Justin Lange, R.P. Bio with Madrone Environmental. Due to the nature and small scale of the watercourse, the results of the report specify a maximum Streamside Protection and Enhancement Area (SPEA) of 5 metres which will ensure a Harmful Alteration, Disruption or Destruction (HADD) will not occur. The proposed accessory building is outside this 5 metre SPEA area. The two watercourses are located adjacent to the south side of the residence, with a small spring-fed stream near the south property line of the property. The ecosystem has been significantly degraded since the initial clearing and draining of the land.
Furthermore, the watercourses are densely populated with invasive species such as Himalayan Blackberry bushes as well as Reed Canary grass. Restoration of the area could improve riparian values and promote continued ecological functions. Restoration would include the removal of invasive plants and subsequent replanting of native woody species such as willow, Red-osier Dogwood and Balsam Poplar to prevent the re-establishment of invasive plants. Installation of deer fencing is required to control deer browsing.
Zoning Bylaw Section 56 (7)(b) of the Zoning Bylaw (No. 2950) states that accessory structures cannot exceed 5 meters in height. The applicant has requested a variance to allow for an accessory structure that is 7.49 meters in height, exceeding the maximum permitted by 2.49 meters.
Statutory Right-of-Way (SRW) Clause 6 of the SRW places restrictions on the planting of trees or other vegetation along the Right-of- Way that could interfere with, or pose a hazard to the works (drainage) in the opinion of The Municipality of North Cowichan. The proposed building location is located 7.1 meters distant of the southern SRW
Implications
The Restoration of the natural riparian vegetation will improve the natural ecological processes associated with the watercourses. It is also in line with goals established in North Cowichan’s Official Community Plan (OCP) including supporting and protecting the ecological functions of watersheds through municipal operations and the development approvals process (2.2.1.3). In light of site constraints, staff support the location and height variance proposed for the accessory structure.
Community Planning Advisory Committee (CPAC) Recommendation:
At their December 10th, 2012 meeting CPAC reviewed Planning Technician Morris’ December 5th, report on a development permit application with a variance application for 6805 Wicks Road. CPAC supported a Development Permit with variances for the property located at 6508 Wicks Road (legally described as Lot 1, Section 4, Range 7, Somenos District, Plan 48609), and associated height variance to allow for a four car garage with storage subject to the applicant adding clause 8 (Schedule No. 2) to Statutory Right-of-Way EC52935 registered on title, at his cost prior to applying for a Building Permit.
102 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca Page 3
This application was initially received April 12, 2012 and was presented to CPAC at their meeting on December 10th, 2012 with the intent to proceed to Council in January. The application was unable to proceed due to complications with the Riparian Areas Assessment submitted to the Ministry of Environment (MOE). The initial assessment was rejected by the MOE due to errors/omissions the methodology and, as such, required the applicant to retain another Qualified Environmental Professional to conduct the assessment and submit a report. The report has been received and the methodology has been followed and is now supported by the MOE.
Recommendation
That Council support the proposed Development Permit with variances for the property located at 6508 Wicks Road (legally described as Lot 1, Section 4, Range 7, Somenos District, Plan 48609), and associated height variance to allow for a four car garage with storage subject to the applicant adding clause 8 (Schedule No. 1) to Statutory Right-of-Way EC52935 registered on title, at his cost prior to applying for a Building Permit.
Attachments:
Schedule No. 1 DP 12.07/PL204 SRW Addendum
Add Clause 8. to Statutory Right-of-Way EC52935
“8. Notwithstanding Clause 4, the Grantor shall be primarily responsible for the maintenance of the works relating to keeping the drainage ditches and watercourses clear of all debris, silt or blockages of any kind. In the event the Grantor does not maintain the Works as required, the Grantee will shall have the right, upon reasonable notice to the Grantor, to enter upon the Statutory Right-of-Way Lands for the purposes of maintaining the Works and in the event that the Grantee so enters the Statutory Right-of-Way lands, the cost of maintaining the Works shall be borne by the Grantor.”
103 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca 104
BYLAW 3511 Zoning Amendment Bylaw (No. 2 – Shipping Containers), 2013
The council of The Corporation of the District of North Cowichan, enacts as follows:
1 Zoning Bylaw, No. 2950, is amended by striking out section 40.1 [Shipping Containers] and substituting the following: 40.1 Shipping containers may be placed on land provided they meet the following requirements:
(a) within the Industrial Light Zone (I1) a maximum of two shipping containers per site are permitted where used for accessory storage;
(b) within the Industrial Heavy Zone (I2) a maximum of one shipping container per every 0.4 hectares (1 acre) of land, up to a maximum of 10 shipping containers, is permitted where used for accessory storage;
(c) where used for accessory storage purposes, placement of a shipping container must meet all accessory building setback requirements, with the exception of shipping containers within the I1 zone, which must either meet the setback requirements for accessory buildings, or be no closer to the front property line than the front wall of any principal building, whichever is greater;
(d) within the Industrial I1 and I2 zones, shipping containers may be used as a building material in the construction of principal or accessory buildings only if a development permit and building permit have been obtained;
(e) a container may be used for the temporary storage of tools and materials during the construction or maintenance of any utility, building or structure for which a required building permit has been obtained and remains active, but the container must be removed prior to issuance of an occupancy permit, and
(f) one container per lot intended for use as an emergency preparedness kiosk shall be permitted in all Private Institutional (PI) and Public Use (PU) zones.
105
READ a first time on April 17, 2013 READ a second time on April 17, 2013 CONSIDERED at a Public Hearing on May 15, 2013 READ a third time on May 15, 2013 APPROVED by Ministry of Transportation and Infrastructure on May 23, 2013 ADOPTED on
M. O. Ruttan, Corporate Officer J.W. Lefebure, Mayor
- 2 - 106
BYLAW 3488 Revitalization Tax Exemption Program Bylaw Contents
Section 1 Definitions 2 Rationale 3 Program establishment 4 Eligible property 5 Extent of tax exemption 6 Amount of tax exemption 7 Term of tax exemption 8 Conditions 9 Recapture 10 Waiver of development costs charges 11 Repeal Schedule 1 – Revitalization Areas Schedule 2 – Excluded Industrial Land Schedule 3 – Revitalization Tax Exemption Agreement
WHEREAS Council may by bylaw establish a revitalization tax exemption program under section 226 [revitalization tax exemption] of the Community Charter;
AND WHEREAS Council wishes to establish a revitalization tax exemption program and has given notice of its intention to adopt this bylaw under section 226 (6) (a) [notice of permissive tax exemptions] of the Community Charter;
AND WHEREAS, pursuant to section 226 (6) (b) [use of permissive tax exemptions] of the Community Charter, Council has considered this bylaw in conjunction with the objectives and policies set out for the use of permissive tax exemptions under Bylaw 3476, being the Financial Plan Bylaw 2012-2016, and determined that this bylaw is compatible with those objective and policies;
AND WHEREAS Council may by bylaw waive or reduce development cost charges for eligible development that is designed to result in low environmental impact under section 933.1 of the Local Government Act;
NOW THEREFORE the council of The Corporation of the District of North Cowichan, enacts as follows:
Definitions
1 (1) In this bylaw:
“assessed value” means the most recent assessed value for a parcel as determined by the BC Assessment Authority;
107 1 “baseline assessment” means the last published assessed value for a parcel’s improvements, prepared by the BC Assessment Authority immediately before the commencement of the eligible development;
“eligible development” means a development in a revitalization area that is
(a) class 1 (residential) with a minimum density of 100 dwelling units per hectare;
(b) class 4 (major industry) or Class 5 (light industry) with improvements worth at least $250,000, or that reduces greenhouse gas emissions by 25%, or
(c) class 6 (business and other);
“greenhouse gas emissions” has the same meaning as defined in the Greenhouse Gas Reduction Targets Act;
“Municipality” means The Corporation of the District of North Cowichan;
“parcel” has the same meaning as defined in the Community Charter and, for the purposes of this bylaw, means the area of a parcel of land situated within a revitalization area;
“revitalization area” means
(a) all class 1 (residential) and class 6 (business and other) lands and improvements shown crosshatched on Schedule 1, attached to and forming part of this bylaw; or
(b) all class 4 (major industry) and class 5 (light industry) lands and improvements within the Municipality, except the area shown crosshatched on Schedule 2, attached to and forming part of this bylaw;
“tax exemption” means a revitalization tax exemption for which a tax exemption certificate has been issued;
“tax exemption certificate” or “certificate” means a revitalization tax exemption certificate issued by the Municipality under this bylaw and the Community Charter, in the form prescribed by the Corporate Officer.
(2) Words defined in the Community Charter and Local Government Act have the same meaning when used in this bylaw unless defined otherwise in this bylaw.
(3) A reference in this bylaw to a “class” is a reference to that class as defined in the Assessment Act.
Rationale
2 (1) The reasons for establishing the revitalization tax exemption program are: (a) slow economic growth, (b) high unemployment, (c) stagnating commercial core areas, and (d) underutilized and vacant industrial land. 108 2 (2) The objectives of the revitalization tax exemption program are to do the following: (a) stimulate the local economy; (b) generate permanent new industrial jobs and part-time construction employment; (c) encourage new commercial and residential mixed use development to locate within existing commercial core areas;
(d) increase the Municipality’s overall tax base over the long term; (e) encourage development of industrial land; (f) encourage low environmental impact development. (3) The revitalization tax exemption program is intended to accomplish the objectives described in subsection 2 by
(a) encouraging investment and development of industrial and commercial land, and (b) simulating the rejuvenation of mixed use commercial areas. Program establishment
3 This bylaw establishes a revitalization tax exemption program to authorize granting tax exemptions in accordance with section 226 of the Community Charter and the terms and conditions prescribed of this bylaw.
Eligible property
4 The kind of property that is eligible for a tax exemption under this bylaw is an eligible development located in a revitalization area.
Extent of tax exemption
5 The extent of tax exemption available under this bylaw applies to the entire property of an eligible development located in a revitalization area.
Amount of tax exemption
6 (1) The amount of the tax exemption for each calendar year, during the period for which the tax exemption certificate is issued, is equal to 100% of the general municipal taxes imposed under section 197 (1) (a) of the Community Charter on that part of the assessed value calculated by deducting the baseline assessment from the current assessed value and multiplying the difference by the current municipal tax rate.
(2) The total tax exemption for all years must not exceed the total cost of improvements or the increase in municipal taxes payable due to the revitalization.
(3) The tax exemption must not include an exemption from any parcel tax, local service tax or business improvement area tax payable in the designated area in which the parcel is located.
Term of tax exemption
7 The maximum term of a tax exemption is 109 3
(a) 10 years for an eligible class 4 (major industry) or class 5 (light industry) development, or
(b) 5 years for an eligible class 1 (residential), class 6 (business and other), or combined development.
Conditions
8 (1) Before the Municipality may issue a tax exemption certificate to the owner of a parcel, the applicant must
(a) deliver to the Municipality a completed application, in the form prescribed by the Corporate Officer, no later than October 15 in the year before the first year for which the exemption is sought, together with the application fee of $200, and
(b) in the case of class 4 (major industry) or class 5 (light industry), provide evidence satisfactory to the Financial Officer that new improvements have been constructed on the parcel that
(i) have an improvement value of $250,000 or greater, or
(ii) have a value of at least $50,000 and have resulted in a 25% reduction of greenhouse gas emissions as compared to greenhouse gas emissions prior to the construction of the new improvements.
(2) Upon approval of the application by the Council, the owner of a parcel must enter into a revitalization tax exemption agreement, in the form substantially shown in Schedule 3, attached to and made part of the bylaw.
Recapture
9 (1) If, pursuant to the terms and conditions specified in the tax exemption certificate, the certificate is cancelled, the owner of the property for which the certificate was issued must remit to the Municipality, no later than 30 days after the date of the cancellation of the certificate, an amount equal to the amount of the tax exemption received after the effective date of the cancellation of the certificate.
(2) If the said amount is not paid within 30 days, any amount unpaid will bear interest at a rate of 1.0% per month, compounded annually.
Waiver of development cost charges
10 Development cost charges for water, sewer and roads are waived for all class 1 (residential), or combined class 1 (residential) and class 6 (business and other), eligible development in a revitalization area.
Repeal
11 (1) This bylaw is repealed effective May 31, 2024.
110 4 (2) This bylaw repeals Bylaw 3463, being the “Industrial Revitalization Tax Exemption Program Bylaw”.
READ a first time on March 20, 2013 READ a second time on March 20, 2013 READ a third time on March 20, 2013 READ a third time, as amended, on April 17, 2013 READ a third time, as amended, on May 15, 2013 ADOPTED on _____, 2013
M. O. Ruttan, Corporate Officer J. W. Lefebure, Mayor
111 5 SCHEDULE 1 REVITALIZATION AREAS CHEMAINUS
112 6
REVITALIZATION AREAS CROFTON
113 7 REVITALIZATION AREAS SOUTH END/UNIVERSITY VILLAGE
114 8 SCHEDULE 2 EXCLUDED INDUSTRIAL LANDS
115 9 SCHEDULE 3 REVITALIZATION TAX EXEMPTION AGREEMENT
THIS AGREEMENT dated for reference the _____ day of ______, 20__ is
BETWEEN:
(the “Owner”)
AND: The Corporation of the District of North Cowichan Box 278 Duncan, BC V9L 3X4 (the “Municipality”)
GIVEN THAT:
A. The Owner is the registered owner in fee simple of lands in the Municipality at [civic address], legally described as [legal description] (the “Parcel”);
B. Council has established a revitalization tax exemption program pursuant to Bylaw 3488, being the Revitalization Tax Exemption Program Bylaw (the “Bylaw”); and
C. The Owner proposes to construct new improvements or alter or renovate existing improvements on the Parcel as described in Appendix “A” attached to and forming part of this agreement (the “Project”) and has applied to the Municipality to take part in the revitalization tax exemption program in respect of the Project and the Municipality has agreed to accept the Project under the program;
THIS AGREEMENT is evidence that in consideration of the promises exchanged below, the Owner and the Municipality covenant and agree each with the other as follows:
1. In this Agreement, the following words have the following meanings:
a. “assessed value” means the most recent assessed value for a parcel as determined by the BC Assessment Authority;
b. “baseline assessment” means the last published assessed value for a parcel’s improvements, prepared by the BC Assessment Authority immediately before the commencement of the eligible development;
c. “project” means a revitalization project on a Parcel involving the construction of a new improvement, alteration or renovation of an existing improvement, which meets the requirements of the Bylaw, and the construction of which is begun after an application for a Tax Exemption has been submitted to, and approved by, Council;
d. “tax exemption” means a revitalization tax exemption for which a tax exemption certificate has been issued;
e. “tax exemption certificate” means a revitalization tax exemption certificate issued by the Municipality under this bylaw and the Community Charter, in the form prescribed by the Corporate Officer.
10 116 The Project
2. The Owner will use its best efforts to ensure that the Project is constructed, maintained, operated and used in a fashion that will be consistent with and will foster the objectives of the revitalization tax exemption program, as outlined in the Bylaw. Without limiting the generality of the foregoing, the Owner covenants to use its best efforts to ensure that the Project will: a. b.
Operation and Maintenance of the Project
3. Throughout the term of this agreement, the Owner must operate, repair, maintain and keep the Project in a state of good repair consistent with that of a prudent and responsible owner.
Revitalization Tax Exemption
4. Subject to fulfillment of conditions set out in this agreement and in the Bylaw, the Municipality must issue a revitalization tax exemption certificate to the British Columbia Assessment Authority entitling the Owner to a property tax exemption in respect of general municipal property taxes due (not including local service tax, parcel tax or business improvement area tax) in relation to improvements on the Parcel (the “Tax Exemption”) for the calendar year(s) set out in this agreement.
Conditions
5. The owner must fulfill the following conditions before the Municipality will issue a Tax Exemption Certificate to the Owner in respect of the Project:
a. The Owner must obtain a building permit from the Municipality for the Project on or before ______, 20 ___ ;
b. The Owner must complete or cause to be completed construction of the Project in a good and workmanlike fashion and in strict compliance with the building permit and any required development permit;
c. the Project must be officially opened and available for use as [describe permitted use] (the “Exempt Use”) and for no other use, on or before ______, 20__.
Calculation of Revitalization Tax Exemption
6. The amount of the Tax Exemption in each year will be equal to that part of the general municipal portion of property taxes calculated by deducting the Baseline Assessment from the current Assessed Value and applying the difference to the current municipal tax rate.
Term of Tax Exemption
7. Provided the requirements of this agreement and the Bylaw are met, the Tax Exemption will be for the taxation years _____ to ____, inclusive.
11 117 Compliance with Laws
8. The Owner must construct the Project and, at all times during the term of the Tax Exemption, use and occupy the Parcel forming part of the Project in compliance with all statutes, laws, regulations, bylaws and orders of any authority having jurisdiction and, without limiting the generality of the foregoing, all federal, provincial, or municipal laws or statutes or bylaws, including all the rules regulations policies guidelines criteria or the like made under or pursuant to any such laws.
Subdivision under Strata Property Act
9. If the Owner deposits a strata plan in the Land Title Office under the Strata Property Act that includes an improvement on the Parcel included in the Project, then the Tax Exemption must be prorated among the strata lots in accordance with the unit entitlement of each strata lot for:
a. the current and each subsequent tax year during the currency of this agreement if the strata plan is accepted for registration at the Land Title Office before May 1; or
b. for the next calendar year and each subsequent tax year during the currency of this agreement if the strata plan is accepted for registration at the Land Title Office after May 1.
Representations and Warranties
10. The Owner represents and warrants to the Municipality that the Owner is the Owner of the Parcel for the purpose of property assessment and taxation.
Cancellation
11. The Municipality may in its sole discretion cancel the Tax Exemption Certificate at any time:
a. on the written request of the Owner; or
b. effective immediately upon delivery of a notice of cancellation to the Owner if at any time a condition in the Tax Exemption Certificate is not met.
12. If such cancellation occurs, the Owner of the Parcel for which the Tax Exemption Certificate was issued must pay to the Municipality within 30 days of cancellation an amount equal to the percentage of the amount of any Tax Exemption equivalent to the percentage of the year remaining from the date of cancellation.
13. If the amount is not paid under section 12, any amount unpaid will bear interest at a rate of 1.0% per month, compounded annually.
No Refund
14. Under no circumstances will the Owner be entitled under the Municipality's revitalization tax exemption program to any cash credit, any carry forward tax exemption credit or any refund for any property taxes that have been paid.
12 118 Notices
15. Any notice or other writing required or permitted to be given hereunder or for the purposes hereof to any party will be sufficiently given if delivered by hand or posted on the Parcel, or if sent by prepaid registered mail (Express Post) or if transmitted by facsimile to such party:
a. in the case of a notice to the Municipality, at: The Corporation of the District of North Cowichan Box 278 Duncan, BC V9L 3X4
b. in the case of a notice to the Owner, at: [insert name and address of owner]
Or at such other address as the party to whom such notice or other writing is to be given shall have last notified the party giving the same.
No Assignment
16. The Owner must not assign its interest in this agreement except to a subsequent owner in fee simple of the Parcel.
Severance
17. If any portion of this agreement is held invalid by a court of competent jurisdiction, the invalid portion must be severed and the decision that it is invalid must not affect the validity of the remainder of this agreement.
Interpretation
18. Wherever the singular or masculine is used in this agreement, the same must be construed as meaning the plural, the feminine or body corporate where the context or the parties thereto so require.
Further Assurances
19. The parties hereto agree to execute and do all such further deeds, acts, things and assurances that may be reasonably required to carry out the intent of this agreement.
Waiver
20. A waiver by the Municipality of a default by the Owner must be in writing and must not be deemed to be a waiver of any subsequent or other default.
Powers Preserved
21. This agreement does not:
a. affect or limit the discretion, rights or powers of the Municipality under any enactment or at common law, including in relation to the use or subdivision of the Parcel;
b. affect or limit any enactment relating to the use or subdivision of the Parcel; or
13 119 c. relieve the Owner from complying with any enactment, including in relation to the use or subdivision of the Parcel, and without limitation does not of itself confer directly or indirectly any exemption or right of set-off from development cost charges, connection charges, application fees, user fees or other rates, levies or charges payable under any bylaw of the Municipality. Reference
22. Every reference to each party is deemed to include the heirs, executors, administrators, personal representatives, successors, assigns, servants, employees, agents, contractors, officers, licensees and invitees of such party, wherever the context so requires or allows.
Enurement
23. This agreement enures to the benefit of and is binding upon the parties hereto and their respective successors and permitted assigns.
IN WITNESS WHEREOF the parties hereto have executed this agreement as of the day and year first above written.
Executed by The Corporation of the District of North Cowichan by its authorized signatories:
______Mayor
______Corporate Officer
Executed by ______by its authorized signatories
______Name:
______Name:
14 120 APPENDIX “A” to Revitalization Tax Exemption Agreement
Map of Affected Parcel
15 121 Report
Date May 10, 2013 File: 3360-20 03.04 Folio: 197-156 To Council - Committee of the Whole From Mark Ruttan, Director of Administration Endorsed:
Subject Public Hearing – Timbercrest Rezoning
Council held a public hearing in the Municipal Hall Council Chambers, at 7 pm on Thursday, May 9, 2013, for the purpose of allowing the public to make representations to Council respecting proposed zoning amendment bylaw 3507, “Zoning Amendment Bylaw (Timbercrest), 2013.”
The following members of Council attended the hearing: Acting Mayor Ruth Hartmann (presiding) Councillor John Koury Councillor Barb Lines (after 8:30 pm) Councillor Kate Marsh Councillor Al Siebring Councillor Jen Woike
The following staff attended the hearing: Dave Devana, Chief Administrative Officer (CAO) Mark Ruttan, Director of Administration/Deputy CAO Scott Mack, Director of Planning and Development Brian Green, Deputy Director of Planning and Development Brigid Reynolds, Planner John Pite, Engineering Assistant
Approximately 20 other persons attended the hearing.
Call to Order
The Acting Mayor called the public hearing to order at approximately 7 pm and welcomed the public.
Explanation of the Public Hearing Process
The Acting Mayor explained that the purpose of the public hearing is to allow Council to receive input from the public before it makes a decision on whether to adopt the proposed zoning amendment bylaw. She advised that it is Council’s policy to not receive any verbal or written presentations after a public hearing other than technical information from staff. In order to provide a reasonable opportunity to be heard, the Acting Mayor set a 5-minute time limit for speakers, and encouraged the public to allow others a first opportunity to speak before addressing Council for a second time.
Acceptance of Petitions and Late Correspondence
The Acting Mayor then invited anyone with petitions or late correspondence regarding the proposal to present them. No late correspondence was presented.
122 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca Page 2
Summary of Correspondence
The Director of Administration advised that the statutory public hearing notice was mailed to surrounding property owners and was advertised in the local newspapers. In response, Council received 2 letters and 2 emails, which were circulated to Council and included in the public information binder. He noted the location of the public information binder for anyone wishing to consult it during the hearing.
Introduction of Bylaw 3507, “Zoning Amendment Bylaw (Timbercrest), 2013”
The Acting Mayor asked staff to introduce the bylaw and provide some background and context.
The Director of Planning and Development introduced the bylaw explaining that: Bylaw 3507 proposes to amend the Zoning Bylaw to reclassify Lot B…Plan VIP64741 from Rural (A2) zone to Residential One and Two Family (R3) zone; the proposed rezoning is consistent with the Official Community Plan and the single-family character of the existing established neighbourhood; the application addresses environmental, flooding, and archaeological issues; the proposed subdivision will provide a trail connection to enhance pedestrian and recreational amenities and secure restoration of the setback area through removal of invasive species and replanting native vegetation; if the rezoning is approved, the applicant intends to subdivide the subject property into 4 residential lots; the permitted uses in the R3 Zone are: Agriculture, Assisted Living, Bed and Breakfast, Community Care Facility, Home-based Business, Secondary Suite, Single-Family Dwelling, Supportive Housing, and Two-Family Dwelling; the property owner proposes to register a restrictive covenant on title, prior to adoption of the bylaw, that 1) restricts the use of the lots to single-family residences only, 2) restores the riparian area, and 3) develops the site as generally outlined in the submitted plan.
He further presented staff’s recommendation, as follows: “that Council support an amendment to the Zoning Bylaw to re-zone Lot B…Plan 64741 from Rural (A2) zone to Residential One and Two Family (R3) zone; subject to registration of a restrictive covenant prior to adoption of the bylaw that: 1. restricts the use of the subject property to single-family residential use only; 2. requires that the subdivision of the lands must be generally consistent with the conceptual lot layout, subject to the discretion and requirements of the Approving Officer; 3. secures the restoration of the riparian area and adjacent park land strip, in accordance with the Timbercrest Restoration, Garry Oak Ecosystem Restoration Strategy, prepared by David Polster, dated February 2013, as a condition of future development and/or subdivision; and, 4. secures the construction of a trail through the subject land to connect with existing trails and sidewalks in the area, at time of future development and/or subdivision.”
Members of Council posed questions and received answers from the Director of Planning.
Presentation by Proponent
The Acting Mayor invited the applicant to come forward. Planning Consultant Gerard LeBlanc spoke on behalf of the applicant. He endorsed the overview of the application given by the Director of Planning and Development and noted that the Archaeological Branch has closed its file on the site at this time. He stated that if artifacts are found during construction, this may require additional assessment and mitigative measures. He then showed a subdivision concept plan based on 20 m SPEA setback which was presented at the open house. 123 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca Page 3
Comments by the Public
The Acting Mayor invited the public to address Council on the proposed bylaw. Council heard from the following members of the public: Greg Gerbis, 2540 Timbercrest Drive; Dinah O’Keefe, 5989 Trillium Way; Ken Harkness, 2524 Timbercrest Drive; Jerry Mattu, 2508 Trillium Terrace; Erin Whiteford, 5989 Trillium Way; Ron Amstutz, 2525 Timbercrest Drive; Ryan Van Jaarsveld, 5996 Trillium Way; Beth Crawford, 2492 Seine Road; Shirley Watson, 2547 Trillium Terrace; Paul Fletcher, 6000 Lakes Road; and Ken McKinnon, 2539 Timbercrest Drive.
The following is a fair reflection of the concerns and comments received from the public: the size of the proposed lots is smaller and inconsistent with the size of the surrounding lots; the Streamside Protection and Enhancement Area should not be reduced from 30 m to 20 m; a strata may fail to restore the common area; the development will produce more noise; the development will negatively impact Somenos Creek; fencing should not be chain link; the development should be delayed until the repercussions of building the dike are known; development will disturb an archaeological-sensitive area; an archaeological monitor should be present when soil is disturbed; a public trail through the site should be preserved; if zoning is rejected, Council should prohibit duplex development; the proposed lots will devalue neighbours’ home values; the development will block views; and the development is within the floodplain.
Concluding Remarks
The Acting Mayor called three times for anyone else wishing to speak further to the proposal. No one came forward. She thanked the public for coming out to present their views, and closed the public hearing at 9 pm.
Certified fair and accurate
______Mark Ruttan, Director of Administration
Recommendation
that Council receive the May 10, 2013 Director of Administration’s report summarizing the nature of the representations made at the public hearing held on May 9, 2013 (for Bylaw 3507 which proposes to rezone Lot B…Plan 64741 from Rural (A2) zone to Residential One and Two Family (R3) zone).
124 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca
BYLAW 3507 Zoning Amendment Bylaw (Timbercrest), 2013
The council of The Corporation of the District of North Cowichan, enacts as follows:
1 Schedule “C” of “Zoning Bylaw 1997”, No. 2950, is amended by re-classifying Lot B, Section 20, Range 7, Quamichan District, Plan VIP64741, except part in Plans VIP88712 and EPP16346; PID: 023-657-472; Folio: 00197-156), shown as “Subject Property” and outlined in bold on the schedule attached to and forming part of this bylaw, from Rural (A2) Zone to Residential One and Two Family (R3) Zone.
READ a first time on March 20, 2013 READ a second time on March 20, 2013 CONSIDERED at a Public Hearing on May 9, 2013 READ a third time on APPROVED by Ministry of Transportation and Infrastructure on ADOPTED on
M. O. Ruttan, Corporate Officer J. W. Lefebure, Mayor
1 125 SCHEDULE
2 126 Report
Date May 27, 2013 File: 3900-50 MTI To Council From Mark Ruttan, Director of Administration Endorsed:
Subject Municipal Ticket Information System Bylaw
Purpose
The purpose of this report is to recommend that Council give three readings to the attached new municipal ticketing bylaw.
Background
The main changes from the previous bylaw are summarized below:
1) Tickets can now be issued for contravening specified provisions of the Commercial Vehicle Licensing Bylaw, Official Community Plan Bylaw, Soil Removal and Deposit Bylaw, and Waste Collection Bylaw.
2) The ability to issue tickets under the Athletic Commission Bylaw has been removed since municipal athletic commissions are being done away with.
3) Tickets can be issued for a number of additional contraventions of the Zoning Bylaw such as: ‘Insufficient Disabled Parking’, ‘Unlawful Shipping Container Use’, and ‘Unlawful Use’ and Unlawful Setback” in comprehensive development zones.
Recommendation that Council read a first, second and third time the “Municipal Ticket Information System Bylaw”, No. 3464.
Attachment
127 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca
BYLAW 3464 Municipal Ticket Information System Bylaw Contents
Section 1 Designated bylaws 2 Designated bylaw enforcement officers 3 Offences 4 Fines 5 Severance 6 Schedules 7 Repeal Schedules 1 and 2
The council of The Corporation of the District of North Cowichan enacts as follows:
Designated bylaws
1 The bylaws listed in Column 1 of Schedule 1 of this bylaw may be enforced by means of a ticket in the form prescribed by regulation under the Community Charter. Designated bylaw enforcement officers 2 The persons who act in the positions listed in Column 2 of Schedule 1 to this bylaw are designated as bylaw enforcement officers for the purpose of enforcing the bylaws listed in Column 1 of Schedule 1 opposite the respective positions. Offences 3 The words or expressions appearing in Column 1 of Schedule 2 of this bylaw designate the offence committed under the bylaw section reference appearing in Column 2 of Schedule 2 opposite the respective words or expressions. Fine amounts 4 The amounts appearing in Column 3 of Schedule 2 of this bylaw are the fines for contravention of the bylaw offences set out in Column 1 of Schedule 2 of this bylaw. Severance 5 If any provision of this bylaw is found invalid by a court of competent jurisdiction, the provision must be severed so that the remainder of this bylaw remains valid. Schedules 6 Schedules 1 and 2 form part of this bylaw. Repeal 7 AMunicipal Ticket Information System Bylaw”, No. 3437, is repealed.
1 128
READ a first time on READ a second time on READ a third time on ADOPTED on
M. O. Ruttan, Corporate Officer J. Lefebure, Mayor
2 129 SCHEDULE 1
Item Column 1 Column 2 Designated Bylaw Designated Bylaw Enforcement Officers 1 Animal Control Bylaw 1995 Animal Control Officer Bylaw Enforcement Officer Poundkeeper RCMP Officer 2 Blasting Bylaw 2006 Bylaw Enforcement Officer Director of Engineering & Operations 3 Building Bylaw 2003 Building Inspector Bylaw Enforcement Officer 4 Business Licence Bylaw 2002 Building Inspector Business Licence Inspector Bylaw Enforcement Officer 5 Commercial Vehicle Licensing Bylaw 1964 Bylaw Enforcement Officer RCMP Officer 6 Fire Protection Bylaw 2008 Bylaw Enforcement Officer Local Assistant to the Fire Commissioner Municipal Forester 7 Fireworks Bylaw 1974 Bylaw Enforcement Officer RCMP Officer 8 Float Home Standards Bylaw 1999 Building Inspector Bylaw Enforcement Officer 9 Forest Use Bylaw 2007 Bylaw Enforcement Officer Municipal Forester 10 Highway Use Bylaw 1988 Animal Control Officer Bylaw Enforcement Officer Commercial Transport Inspection Officer Operations Manager RCMP Officer 11 Noise Bylaw 1995 Animal Control Officer Bylaw Enforcement Officer RCMP Officer 12 Nuisance (Controlled Substance) Bylaw 2006 Building Inspector Bylaw Enforcement Officer RCMP Officer 13 Official Community Plan Bylaw Bylaw Enforcement Officer Director of Parks & Recreation 14 Park Regulation Bylaw Bylaw Enforcement Officer Director of Parks & Recreation RCMP Officer
3 130
Item Column 1 Column 2 Designated Bylaw Designated Bylaw Enforcement Officers 15 Sign Bylaw Building Inspector Bylaw Enforcement Officer 16 Soil Removal and Deposit Bylaw 2009 Bylaw Enforcement Officer Director of Engineering & Operations 17 Traffic Bylaw 1988 Bylaw Enforcement Officer Operations Manager RCMP Officer 18 Untidy and Unsightly Premises Bylaw 1991 Bylaw Enforcement Officer 19 Waste Collection Bylaw Bylaw Enforcement Officer Director of Engineering & Operations Operations Manager 20 Waterworks Bylaw 1995 Building Inspector Bylaw Enforcement Officer Operations Manager 21 Zoning Bylaw 1997 Building Inspector Business Licence Inspector Bylaw Enforcement Officer
4 131
SCHEDULE 2 Section 1 - Animal Control Bylaw 1995 Item Column 1 Column 2 Column 3 Offence Section Fine 1 No Dog Licence 4 $100 2 Licence Tag Not Affixed 12 $50 3 No Kennel Licence 15 $100 4 Kennel Too Close to Property Line 19 $100 5 Animal at Large 21 $100 6 Dog Not Leashed 23 $50 7 Dog Unleashed Outside Designated Area 23.1 (e) $50 8 Dog Unleashed Outside Designated Timeframe 23.1 (f-h) $50 9 Dog Harassing or Molesting Person or Animal 24 $200 10 Vicious Dog Not Muzzled 25 $300 11 Vicious Dog Not Leashed 25 $300 12 Vicious Dog Not Securely Confined 26 $300 13 Fail to Dispose of Dog Excrement 28 $125 14 Refuse to Allow Inspection 39 $200 15 Refuse to Deliver Dog 40(2) $100 16 Interfere with Poundkeeper/Animal Control Officer 44 $200 17 Unlawful Keeping of Animals 46 $200 18 Fail to Setback Structure or Enclosure 47 $100 19 Unlawful Animal Exhibition 50 $100
Section 2 - Blasting Bylaw 2006
Item Column 1 Column 2 Column 3 Offence Section Fine 1 No Permit 1 $100 2 Blast after 6:00 p.m. but before 7:00 a.m. 3(4)(a) $100 3 Blasting on Sunday 3(4)(b) $100 4 Fail to Abide with Conditions of Blasting Near School 3(4)(c) $200 5 Blast when Conditions Prohibit Blasting 3(4)(d) $100 6 Fail to Abide with Conditions of Blasting Permit 3(4)(e) $100 7 Fail to Arrange Pre-blast Inspection 3(5)(a) $100 8 Fail to Provide Inspection Report when Requested 3(5)(b) $100 9 Fail to Provide Seismic Monitoring 3(5)(c) $100 10 Fail to Give Notice of Exceeding Maximum Ground Vibration 3(5)(d) $100 11 Fail to Keep Accurate Records 3(5)(e) $100 12 Fail to Make Records Available 3(5)(f) $100 13 Exceed Maximum Ground Vibration 3(6) $100
5 132 Section 2 - Blasting Bylaw 2006
Item Column 1 Column 2 Column 3 Offence Section Fine 14 Fail to Return Cancelled Permit 3(8) $100 15 Fail to Give Notice of Blast within 300 Metres of House 4(1)(a) $100 16 Fail to Take Necessary Precautions to Protect Property 4(1)(b) $100 17 Fail to Warn of Blast Near Public Thoroughfare 4(2) $100 18 Blast within 300 metres of Hospital without giving 24 hours’ 4(3) $100 Notice 19 Fail to Give Notice of Blast Adjacent to Public Utility 4(4) $100 20 Interfere with Director of Operations 5(2) $100
Section 3 - Building Bylaw 2003
Item Column 1 Column 2 Column 3 Offence Section Fine 1 No Building Permit 6(a) $200 2 Fail to Abide with Work Stop Order 6(b) $200 3 Submit False Permit Application Information 6(c) $200 4 Interfere with Building Inspector’s Duties 6(d) $200 5 Work Contrary to Plans 6(e) $100 6 Tamper with Notice, Permit or Certificate 6(f) $100 7 No Occupancy Permit 6(g)(i) $200 8 Occupancy Contrary to Permit or Notice 6(g)(iii) $100 9 Fail to Post Permit 14(4)(a) $50 10 No Occupancy Certificate 14(4)(b) $100 11 Fail to Post Address 14(4)(c) $50 12 Fail to Furnish Sewer Hookup Information 14(4)(e) $50 13 Fail to Obtain Survey of Non-Encroachment 14(5) $100 14 No Building Inspection 15(3) $100 15 No Moving Permit 17(1), (4) $100 16 No Demolition Permit 18(1) $100 17 No Fireplace or Chimney Permit 19(1) $100
Section 4 - Business Licence Bylaw 2002
Item Column 1 Column 2 Column 3 Offence Section Fine 1 No Business Licence 2(1)(a) $200 2 Carrying on Business Without Licence for Each Location 2(1)(b) $200 3 Fail to Post Business Licence 3(a) $50
6 133 Section 4 - Business Licence Bylaw 2002
Item Column 1 Column 2 Column 3 Offence Section Fine 4 Fail to Notify Change of Mailing Address/Business Name 3(b) $50 5 Fail to Comply with Terms and Conditions of Licence 3(c) $200 6 Change Business Location Without Transfer 4(2) $50 7 Remove Suspension Notice 9(2) $100 8 Refuse to Allow Inspection 11(2) $200
Section 5 - Commercial Vehicle Licensing Bylaw 1964
Item Column 1 Column 2 Column 3 Offence Section Fine 1 Fail to Display Licence 4 $100 2 Operate Without a Licence 5(a) $200
Section 6 - Fire Protection Bylaw 2008
Item Column 1 Column 2 Column 3 Offence Section Fine 1 Allow Fire Hazard 2(1) $150 2 Fail to Clean Chimney When Required 2(2) $150 3 Accumulate Combustible Waste 2(3) $150 4 Block Aisle, Passage or Stairway 2(4) $50 5 Flammable Substances in Vacant Building 2(5)(a) $100 6 Unsecured Vacant Building 2(5)(b) $100 7 Unsecured Fire Damaged Building 2(6)(b) $100 8 Fail to Clean-up Debris When Required 2(7) $150 9 Refuse to Allow Inspection 2(8) $200 10 Fail to Eliminate Fire Hazard 2(9) $200 11 Fail to Obey Order to Assist 3(2) $100 12 Fail to Comply with Evacuation Order 3(7) $100 13 Obstruct Fire Services Personnel 3(10) $150 14 Obstruct Access to Fire Hydrant 3(12) $100 15 Enter Restricted Area 3(8) $100 16 Open Fire Hydrant 3(11) $100 17 Unlawful Incineration 7(1) $100 18 Unsupervised Outdoor Fire 9 $250 19 Unlawful Burning 11(1), 12 $500 20 Illegal Burning to Clear, Till, or Grade Land 11(2) $500 21 Burn Prohibited Materials 11(3) $500
7 134 Section 6 - Fire Protection Bylaw 2008
Item Column 1 Column 2 Column 3 Offence Section Fine 22 Non-compliant Recreational Fire Pit 12 $50
Section 7 - Fireworks Bylaw 1974
Item Column 1 Column 2 Column 3 Offence Section Fine 1 Sell Fireworks 2(a) $100 2 Unlawfully Possess Fireworks 2(b) $200 3 Unlawfully Discharge Fireworks 2(b) $200
Section 8 - Float Home Standards Bylaw 1999
Item Column 1 Column 2 Column 3 Offence Section Fine 1 No Building Permit 5 $100 2 Building Permit Not Posted 6 $50 3 Flotation System Design not Certified 8 $100 4 Pumps not in Working Order 9 $100 5 No Sounding Pipes in Each Compartment 9 $100 6 Inadequate Design for Local Conditions 11 $100 7 Insufficient Flotation System 12, 14 $100 8 Insufficient Flotation System Stability 13 $100 9 Superstructure not Compliant with BC Building Code 15 $100 10 Electrical Work not Compliant with BC Electrical Safety Act 16 $100 11 Gas Work not Compliant with BC Gas Safety Act 17 $100 12 Unlawful Gas-Powered Lighting, Heating or Cooking Systems 18 $100 13 No Gas Detector, Audio-Visual Alarm, or Shut-off Valve 19 $100 14 Unapproved Water Source 20 $100 15 Plumbing not Compliant with BC Plumbing Code 21 $100 16 Unapproved Sewage Disposal System 22, 49 $100 17 No Safety Equipment 23 $100 18 No Portable Fire Extinguisher at Entrance 24 $100 19 Improperly Placed Fire Extinguisher 25 $100 20 Insufficient Fire Protection 26 $100 Smoke Detectors or Alarms not Compliant with BC Building 21 27 $100 Code 22 Insufficient Moorage Lines 28 $100 23 Obstructed Access to Shore 30 $100 24 Pier or Walkway Less Than 1.5 Metres in Width 31 $100
8 135 Section 8 - Float Home Standards Bylaw 1999
Item Column 1 Column 2 Column 3 Offence Section Fine 25 Walkway not Equipped with Non-slip Surface 32 $100 26 No Handrails on Inclined Walkways or Ramps 33 $100 27 No Construction Permit 34 $200 28 No Site Plan or Development Permit 35 $100 29 Fail to Submit Site Plans for Approval 37 $100 30 No Authorization for Changes in Site Plan 38 $100 31 Inaccurate or Insufficient Record Keeping 39 $100 32 Register not Available During Office Hours 40 $100 33 Insufficient Distance Between Float Homes 43 $100 34 Insufficient Open Water Access 45, 46 $100 35 Insufficient Access to Float Home 47 $100 36 Sewage or Oil Discharged into Water 51 $200 37 Notice of Sewage Discharge Prohibition Not Posted 51 $100 38 No Sewer Pump-out System Available 52 $100 39 Sewer Pump-out System Unavailable when Marina Open 53 $100 40 Improper Placement of Sewer Laterals 54 $100 41 No Fire Safety Plan 56 $200 42 Fail to Keep Marina Clean 59 $100 43 Fail to Maintain Fire Fighting Equipment 60, 61, 62, 63 $100 44 Fail to Keep Marina Free of Obstructions 64 $100 45 Insufficient Lighting 65 $100 46 Refuse to Assist in Pre-Fire Planning 66 $100 47 No Fire Extinguishers at Designated Areas 67, 68 $100 48 Improperly Installed Standpipe System 69 $100 49 No Fire Standpipe Systems in Required Areas 70, 71, 72 $100 50 Improperly Installed Hydrant or Water Supply 73 $100 51 No Emergency Phone Available 75 $100
Schedule 9 - Forest Use Bylaw 2007
Item Column 1 Column 2 Column 3 Offence Section Fine 1 Enter Forest when Closed 2(1)(a) $100 2 Litter in Forest 2(1)(b) $200 3 Remove Forest Products without Permit 2(1)(c) $200 4 Operate Vehicle Off Road 2(1)(d) $100 5 Open Fire when Restricted 2(1)(e)(i) $100 6 Open Fire Creating Fire Hazard 2(1)(e)(ii) $100
9 136 Schedule 9 - Forest Use Bylaw 2007
Item Column 1 Column 2 Column 3 Offence Section Fine 7 Enter Active Logging Area 2(1)(f) $100 8 Damage Trees or Streams 2(1)(g) $100 9 Build Unauthorized Trails or Structures 2(1)(h) $100 10 Remove, Destroy, or Deface Signs 2(1)(i) $150 11 Camp when Prohibited 2(1)(j) $100
Section 10 - Highway Use Bylaw 1988
Item Column 1 Column 2 Column 3 Offence Section Fine 1 Obstruct or Foul Highway 3(1) $100 2 Fail to Remove Material from Highway 3(2), (3) $100 3 Park Vehicle for Upkeep on Highway 3(4) $50 4 Damage Highway through Release of Effluent 3(5) $100 5 Drag Logs or Timber over Highway 3(6) $100 6 Drive on Highway or Boulevard with Spiked Tires 3(7) $50 7 No Construction Permit 4 $100 8 Remove Tree from Highway 4 (e) $300 9 Fail to Comply with Construction Permit 5(1)(b) $100 10 No Highway Access Permit 6(1) $100 11 Unauthorized Interference with Traffic 9 $100 12 Place Merchandise on Highway Without Permit 10 $100 13 Animal at large on Highway 11(1) $100 14 Un-permitted Animal on Sidewalk 11(2) $100 15 Animal Tethered on Highway 11(3) $100 16 Fail to Obey ANo Heavy Truck Route@ Restriction 13(1) $100 17 Fail to Remove Snow or Ice from Sidewalk 14 $100 18 Fail to Comply with Order of Traffic Control Officer 16 $150
Section 11 - Noise Bylaw 1995
Item Column 1 Column 2 Column 3 Offence Section Fine 1 Noise which Disturbs 2 $200 2 Animal Noise which Disturbs 3(1) $200 3 Stereo Equipment Noise which Disturbs 3(2) $200 4 Musical Instrument Noise which Disturbs 3(2) $200 5 Engine/Motor Vehicle Noise which Disturbs 3(3) $200 6 Construction Noise which Disturbs 3(4) $200
10 137 Section 11 - Noise Bylaw 1995
Item Column 1 Column 2 Column 3 Offence Section Fine 7 Demolition Noise which Disturbs 3(4) $200 8 Loudspeaker Noise which Disturbs 3(5) $200
Section 12 - Nuisance (Controlled Substance) Bylaw 2006
Item Column 1 Column 2 Column 3 Offence Section Fine 1 Disconnect Meter 2(a) $100 2 Divert Electrical or Water Distribution System 2(b) $100 3 Unlawful use of Exhaust Vents 2(c) $100 4 Install Unauthorized Lighting 2(d) $100 5 Unlawful Storage or Use of Dangerous Goods 2(e) $250 6 Obstruct Exit or Remove Fire Stopping 2(f) $250 7 Unlawful Alteration of Building 2(g) $100 8 Cause or Allow Building to House Amphetamines 2(h) $100 9 Exhaust Hazardous Vapours 2(i) $100 10 Cause or Allow Growth of Mould or Fungus 3(a) $100 11 Cause or Allow Accumulation of Pesticides or Chemicals 3(b) $100 12 Cause or Allow Noxious or Offensive Trade 4 $100 13 Fail to Comply with Order to Remove or Reduce Fire Hazard 5(2) $250 14 Fail to Inspect Premises 6(a) $100 15 Fail to Report Contravention 6(b)(i) $250 16 Fail to Take Compliance Action 6(b)(ii) $250 17 Fail to Remove or Clean Carpets and Curtains 8(1)(a) $100 18 Fail to Clean Walls and Ceilings 8(1)(b) $100 19 Fail to Clean Countertops and Cabinets 8(1)(c) $100 20 Fail to Clean Ducts and Heaters 8(1)(d) $100 21 Occupy Prior to Safety Inspection 8(2)(e) $250 22 Occupy Prior to Completing Remedial Action 8(2)(g) $250 23 Occupy Prior to Paying fees and Service Costs 8(2)(h) $250 24 Occupy without Permit 8(2)(i) $250 25 Occupy Against Posted Notice 8(2)(j) $250 26 Fail to Provide Certification 9(1) $100 27 Fail to Submit Certification within 60 days 9(2) $100 28 Fail to Notify Prospective Tenants of Prior Grow Op 10(2) $250 29 Interfere with an Inspection 12(2) $250 30 Interfere or Obstruct Inspector from Posting Notice 12(4) $250
11 138
Section 13 – Official Community Plan Bylaw
Item Column 1 Column 2 Column 3 Offence Section Fine 1 Development Without Permit Appendix 3 $500
Section 14 – Park Regulation Bylaw
Item Column 1 Column 2 Column 3 Offence Section Fine 2 Overnight Camping 1 $200 3 In Park when Closed 1 $200
Section 15– Sign Bylaw
Item Column 1 Column 2 Column 3 Offence Section Fine 1 No Sign Permit 2(1) $100 2 Posting Political Poster or Bill Without Paying Deposit 8 $100 3 Sign in Poor Repair 11 $100
Section 16 – Soil Removal and Deposit Bylaw 2009
Item Column 1 Column 2 Column 3 Offence Section Fine 1 Remove soil or deposit fill without a permit 15(a) $200 2 Fail to comply with a permit term or condition 15(c) $200 3 Fail to comply with an order or notice given 15(d) $200 4 Refuse or hinder an inspection 15(e) $200
Section 17 - Traffic Bylaw 1988
Item Column 1 Column 2 Column 3 Offence Section Fine 1 Stop or Park Over-length Vehicle in Lane 7(1)(a) $50 2 Stop or Park Over-length Vehicle in Angle Parking Zone 7(1)(b) $50 3 Park Over-weight Vehicle on Highway 7(2) $50 4 Park Trailer on Highway more than 2 Hours 7(3) $50 5 Park within 6 metres of Intersection 8(1) $50 6 Park within 2 metres of Intersecting Lane 8(2) $50 7 Park Obstructing Roadway 8(3) $50 8 Unauthorized Angle Parking on Highway 8(4) $50 9 Park on Highway more than 24 hours 8(5) $50
12 139 Section 17 - Traffic Bylaw 1988
Item Column 1 Column 2 Column 3 Offence Section Fine 10 Park Obstructing Exit of Parked Vehicle 8(6) $50 11 Stop or Park on Boulevard or Boulevard Crossing 9(1) $50 12 Stop or Park within 2 metres of Private Road 9(2) $50 13 Stop or Park within 2 metres of Driveway 9(2) $50 14 Stop or Park within 2 metres of Sidewalk Crossing 9(2) $50 15 Park Next to Curb Painted Yellow or Red 9(3) $50 16 Park in Bus Stop Zone 9(3) $50 17 Park Next to Line on Road with No Curb 9(3) $50 18 Park Next to White Walking Lane Line 9(3) $50 19 Park in Fire Zone 9(4) $50 20 Park in Restricted Zone Longer than Permitted 9(5) $50 21 Fail to Reduce Speed to Avoid Splashing Pedestrian 12 $50 22 Jaywalking 11(1) $50 23 Fail to Step Out of Roadway for Emergency Vehicle 11(2) $50 24 Leave Bicycle on Highway, Sidewalk, or Walkway 13(1) $50 25 Fail to Park Bicycle in Designated Area 13(2) $50 26 Place Traffic Sign on Highway 14(1) $50 27 Place Traffic Sign in View of Highway 14(1) $50 28 Interfere with Traffic Control Device 14(2) $100 29 Damage Traffic Control Device 14(2) $200 30 Remove Traffic Control Device 14(2) $200
Section18 - Untidy and Unsightly Premises Bylaw 1991
Item Column 1 Column 2 Column 3 Offence Section Fine 1 Accumulate Rubbish on Premises 2 $200 2 Deposit Rubbish 3 $200 3 Unsightly Property 4 $200 4 Place Graffiti 5 $200 5 Accumulate Brush or Noxious Weeds 6 $200 6 Fail to Remove Graffiti 7 $200
Section 19 – Waste Collection Bylaw
Item Column 1 Column 2 Column 3 Offence Section Fine 1 Unlawful Garbage Container 3(1) $100 2 Unlawful Kitchen Organics Container 3(2) $100 3 Unlawful Disposal of Recyclables or Kitchen Organics 3(6) $100 4 Unlawful Disposal of Syringes, Sharp Objects, Dusty materials 3(7) $200
13 140 Section 19 – Waste Collection Bylaw
Item Column 1 Column 2 Column 3 Offence Section Fine or Liquids 5 Unlawful Disposal of Explosive Substances 3(8) $300 6 Fail to Drain or Bag Wet Garbage 4(a) $100 7 Fail to Pay Fees 5(b) $100
Section 20 - Waterworks Bylaw 1995
Item Column 1 Column 2 Column 3 Offence Section Fine 1 Refuse to Allow Inspection 8 $150 2 Use of Unapproved Apparatus 10 $50 3 Fail to Maintain Apparatus 11(1), (2) $50 4 Fail to Provide Backflow Prevention 11(3) $50 5 Interfere with Waterworks System 12(1) $200 6 Unlawful Entry to Watershed 13 $100 7 Obstruct Access to Hydrant 14(1) $100 8 Obstruct Access to Fixture other than Hydrant 14(1) $50 9 Turn On Service Unlawfully 18(2) $100 10 Turn Off Service Unlawfully 18(3) $100 11 Use Hydrant Without Permit 20(1) $100 12 Use Standpipe Without Permit 20(1) $100 13 Connect to Main Without Consent 32 $200 14 Use Material with Excessive Lead Content 33 $50 15 Tamper with Meter 41(1) $200 16 Use Excessive Quantity of Water 47(1) $50 17 Improper Disposal of Water 47(2) $50 18 Increase Amount of Water Entitlement 47(3) $50 19 Use Water from Service Which Bypasses Meter 47(4) $200 20 Supply Water to Other Premises 47(5) $50 21 Use Water to Wash Street 49 $50 22 Violate Water Use Restrictions: Stage One 50 $100 23 Violate Water Use Restrictions: Stage Two 51 $200 24 Violate Water Use Restrictions: Stage Three 52 $300
Section 21 - Zoning Bylaw 1997
Item Column 1 Column 2 Column 3 Offence Section Fine 1 Exceed Maximum Storage Area 12(4) $100 2 Unlawful Setback 13(1)(a-c), 51(6)(a- $100 f), 52(6)(a-e), 53(6)
14 141 Section 21 - Zoning Bylaw 1997
Item Column 1 Column 2 Column 3 Offence Section Fine a-d), 54(5)(a-b), 55(6)(a-c), 56(6)(a- b), 56(6.1), 57(6)(a- b), 57(6.1), 57.1(6) a- b), 58(6)(a-b), 58(6.1), 58.1(8)(a-c), 58.2(8)(a-d), 58.2(9)(a-b) 58.2(10) 59(6)(a-b), 59(6.1), 60(6)(a-b), 61(6)(a- b), 61(6.1), 62(6)(a- b), 62.1(6)(a-b), 63(6)(a-b), 67(5)(a- b), 67.1(7)(a-b), 68(7)(a-b), 69(5)(a- b), 70(5)(a-d), 71(5)(a-b), 72(7)(a- b), 73(6)(a-b), 74(6)(a-b), 75(10), 76(5)(a-c), 77(5)(a- d), 78(3)(a-b), 79(2)(a-b), 80(2)(a- c), 80.1(7), 80.2(7)(a- d), 80.4(6)(a-e), 80.5(6)(a-c), 80.6(6) (a-c), 80.7(8) 3 Insufficient Building Elevation 14 $100 4 Unlawful Siting Of Accessory Building 16 $100 5 Unlawful Off-Street Parking 18, 19, 20.1, 21, 23, $100 80.2(9) 6 Visitor Parking Sign not Posted 20 $50 7 Insufficient Disabled Parking 21(8-9) $100 8 Undersize Parking Space 24 $100 9 Unlawful Off-Street Loading Space 26, 27, 28 $100 10 No Garbage Container on Site 29 $100 11 Fail to Comply with Home Based Business Regulations 30(1-4), 31(1-3), $100 32(1-3), 32.1 12 Unlawful Building Projection 33, 35(1), 35(2) $100 13 Unlawful Location of Swimming Pool 34 $100 14 Unlawful Visual Obstruction of Intersection 36 $100 15 Fail to Enclose Swimming Pool 38 $200 16 Fail to Provide Required Landscaped Screen 39(1-3) $100 17 Fail to Maintain Required Landscaped Screen 39(1-3) $100 18 Unlawful Vehicle Storage 40 $100 19 Unlawful Shipping Container Use 40.1 $500 20 Unlawful Aircraft Landing Strip 41 $100
15 142 Section 21 - Zoning Bylaw 1997
Item Column 1 Column 2 Column 3 Offence Section Fine 21 Unlawful Use 51(1), 52(1), 53(1), $500 54(1), 55(1), 56(1), 57(1), 57.1(1), 58(1), 58.1(1), 58.2(1) 59(1), 60(1), 61(1), 62(1), 62.1(1), 63(1), 64(1), 65(1), 66(1), 67(1), 67.1(1), 68(1), 69(1), 70(1), 71(1), 72(1), 73(1), 74(1), 75(1), 76(1), 77(1), 78(1), 79(1), 80(1), 80.1(1),80.2(1), 80.4(1),80.5(1), 80.6(1), 80.7(1) 22 More than 6 sleeping units in a Bed & Breakfast 51(8)(a), 52(8)(a), $100 53(8)(d), 55(8)(d), 56(8)(d), 73(8)(a) 23 Exceed Maximum Density of Use 51(4)(a)(i-iii), $100 52(4)(a)(i-iii), 53(4)(a-b), 55(4)(a- b), 56(4)(a-c), 57(4)(a), 57.1(4)(a- b), 58(4)(a-d), 58.1(6)(a-b), 58.2(5)(a-f), 59(4)(a), 60(4)(a), 61(4)(a-b), 62(4)(a-b), 62.1(4)(a- b), 63(4)(a), 67.1(6)(a), 68(4)(a), 72(4)(a-b), 80.2(2), 80.2(4)(a-c), 80.4(4)(a-b), 80.5(4)(a-c) 24 Exceed Maximum Building Height 51(7)(a-b), 52(7)(a- $100 b), 53(7)(a-b), 54(6)(a-b), 55(7)(a- b), 56(7)(a-b), 57(7)(a-b), 57.1(7)(a- b), 58(7)(a-b), 58.1(7), 58.2(11)(a- d), 59(7)(a-b), 60(8)(a-b), 61(7)(a- b), 62(7)(a-b), 62.1(7)(a-b), 63(7)(a-b), 65(5), 66(6), 67(6), 67.1(8), 68(8)(a-b), 69(6)(a- b), 70(6)(a-b),
16 143 Section 21 - Zoning Bylaw 1997
Item Column 1 Column 2 Column 3 Offence Section Fine 71(6)(a-b), 72(8)(a- b), 73(7)(a-b), 74(7)(a-b), 75(9), 78(4)(a-b), 80(3)(a), 80.1(7), 80.2(8), 80.4(7), 80.5(7) 25 Exceed Maximum Lot Coverage 51(5), 52(5), 53(5), $100 54(4), 55(5), 56(5), 57(5), 57.1(5), 58(5), 58.1(7), 58.2(6), 59(5), 60(9)(a-b), 61(5), 62(5), 62.1(5), 63(5), 65(3)(a), 66(4)(a-b), 67(4), 67.1(5)(a-b), 68(6), 69(4), 70(4), 71(4), 72(6), 73(4), 74(4), 75(4), 76(4), 77(4), 78(2), 80.1(7), 80.2(6) 26 Fail to Abide with Conditions of Use 51(8)(b), 52(8)(b), $100 53(8)(e-f), 55(8)(a- c)(e), 56(8)(g-h), 57(8), 57.1(8)(a-b), 58(8)(e-j), 58.1(8)(a- e), 58.2(13), 61(11)(e), 62(13)(e), 62.1(11)(a-f), 63(12)(d-e), 64(2), 65(4), 66(5)(a), 67(7)(a), 67.1(9), 73(8), 75(6-8) 27 Overheight Fence 53(8)(a-c), 55(8)(a- $100 c), 56(8)(a-c), 57(8)(a-c), 57.1(8)(a- b) 58(8)(a-c), 58.1(8)(a-b), 58.2(13)(e), 59(8)(a- c), 61(11)(a-c), 62(13)(a-c), 62.1(11)(a-c), 63(12)(a-c), 80.1(11- 12), 80.2(11), 80.4(8)(a), 80.5(8)(a) 28 Exceed Maximum Floor Space Ratio 56(4)(c), 57(4)(b), $100 57.1 (4)(b), 58(4)(b), 58.1(6)(b), 58.2(5)(c- d), 61(4)(b), 62(4)(c-
17 144 Section 21 - Zoning Bylaw 1997
Item Column 1 Column 2 Column 3 Offence Section Fine d), 62.1(4)(b), 63(4)(a), 72(5), 73(5), 74(5), 80.1(7), 80.2(4)(c), 80.4(4)(b), 80.5(4)(b) 29 More than 3 Sleeping Units in a Bed & Breakfast 58(8)(d) $100 30 Exceed Driveway Width 58(9) $100 31 No Buffer Between Mobile Home Pads 60(5) $100 32 Insufficient Yard Size 60(7) $100 33 Fail To Provide Required Recreation Area 60(10)(a), 61(10)(a- $100 c), 62(11)(a-c), 62.1(10)(a-c), 63(11)(a-c) 34 Insufficient Building Separation 61(8)(a-c), 62(8)(a- $100 c), 62.1(8)(a-b), 63(8)(a-c) 35 Fail To Provide Required Landscaped Open Space 61(9), 62(10), $100 62.1(9), 63(10) 36 Fail To Adequately Screen Garbage Receptacles 61(11)(d), 62(13)(d), $100 62.1(11)(d), 63(12)(d) 37 Exceed Maximum Gross Floor Area 63(9), 67.1(9)(a), $100 68(5), 72(5), 75(5) 38 Exceed Maximum Residential Use Area 67.1(2) $100 39 Fail to Apply for Development Permit Schedule J Part vi $250
18 145 Municipality of North Cowichan Climate Change Advisory Committee Minutes
Date: May 8, 2013 Time: 4:00 pm Location: Municipal Hall - Committee Room
Members Present: Councillor Kate Marsh, Chair Gail Calderwood Peter Nix Mayor Jon Lefebure (ex-officio)
Members Absent: Sandra McPherson Miles Phillips David Preikshot
Others Present: Clay Reitsma, Manager of Engineering (Infrastructure and Environment) Peter Nilsen, Assistant Municipal Engineer (Environment and Energy) Brigid Reynolds, Planner
1. Call to Order
There being a quorum present, the Chair called the meeting to order at 4:00 pm.
2. Approval of Agenda
The Committee approved the agenda as amended to add item 5.1 - Community Carbon Marketplace (CCM) Initiative.
3. Adoption of Minutes
The Committee adopted its March 28, 2013 meeting minutes.
4. Business
4.1. CAEP Public Event Planning Update and Event Logo Selection
The Committee approved the date, time and venue for the Climate Action and Energy Plan (CAEP) public event as Saturday, June 8, 2013 from 1:00 pm to 4:30 pm, at the Cowichan Campus Vancouver Island University grounds.
The Committee selected two "Community for Climate" logos. One will be used for correspondence, in conjunction with the Municipality's logo, on letterhead paper, and the other logo will be used for posters and T-shirts.
146 May 8, 2013 - Climate Change Advisory Committee
4.2. Review of Committee Agenda Referral Procedure
The Committee reviewed its agenda referral procedure and reminded Committee and staff members that agenda items submitted for consideration are reviewed by the Chair, then logged for further action, if not approved for an upcoming meeting.
5. New Business
5.1. CCM Initiative
The Committee reviewed the May 6, 2013 letter from the Community Carbon Marketplace (CCM) informing North Cowichan of its application for funding with the Island Coastal Economic Trust and requested an expression of interest to participate in its initiative to foster the development of a low carbon economy.
Recommendation: that Council direct staff to provide a report on whether to support the Community Carbon Marketplace proposal.
6. Adjournment
The meeting ended at 5:30 pm.
______Chair
______Recording Secretary
Page 2 147 Municipality of North Cowichan Economic Development Advisory Committee Minutes
Date: May 9, 2013 Time: 12:00 pm Location: Municipal Hall - Committee Room
Members Present: Councillor John Koury (Chair) Councillor Jen Woike David Messier Cathy Robertson Ward Yeager
Members Absent: Christopher Dawes Ronnie Doman
Staff Present: Councillor Kate Marsh Dave Devana, Chief Administrative Officer (CAO) Ruth Paulsen, Acting Executive Assistant
1. Call to Order
There being a quorum present, the Chair called the meeting to order at 12:05 pm
2. Approval of Agenda
The Committee approved the agenda as circulated.
3. Adoption of Minutes
The Committee adopted its February 14, 2013, meeting minutes.
4. Business
4.1. Delegation: Andy Johnston - Averill Creek Vineyard
The Committee heard from Andy Johnston, owner of Averill Creek Vineyard and President of Wine Island Growers' Association (WIGA), along with Dan Cosman, Vintner for Enrico Winery and Unsworth Vineyard. They expressed a desire for the Municipality to be more proactive in promoting North Cowichan as being an enological area. They also asked to have the tax classification for wine producers changed from light industrial to lower the tax burden and subsequently allow new wineries to achieve critical mass.
Mr. Johnston advised that he will provide a brief from the WIGA to staff by the
148 May 9, 2013 - Economic Development Advisory Committee Minutes
end of June with action items it would like the Municipality to support, in an effort to expand the wine industry in the Cowichan Valley.
4.2. Economic Development Strategy Presentation
The Committee received a presentation from the CAO on Municipal initiatives to promote economic development, including its Local Area Plans and Revitalization Tax Exemption Program Bylaw to encourage industrial and town centre developments. He highlighted local government tools and visions for the near future in these revitalization areas.
4.3. Economic Development Next Steps
The Committee discussed the need to market North Cowichan as a desirable area to live and invest. It was noted that a community profile and marketing kit or brochure should be designed. It was agreed that sectoral profiles should be included, such as:
• Agriculture, • Wineries, • Marine-based tourism, • Eco-tourism, and • Residential and Industrial development.
The Committee directed staff to pursue funding to develop a community profile and marketing brochure.
Councillor Woike left the meeting at 2:30 pm.
6. Adjournment
The meeting ended at 2:40 pm.
______Chair
______Recording Secretary
Page 2 149 Municipality of North Cowichan Communications Committee Minutes
Date: May 13, 2013 Time: 3:00 pm Location: Municipal Hall - Committee Room
Members Present: Councillor Barb Lines, Chair Councillor Kate Marsh Councillor Al Siebring Mayor Jon Lefebure (ex-officio)
Staff Present: Councillor John Koury Dave Devana, Chief Administrative Officer (CAO) Mary Beth MacKenzie, Deputy Municipal Clerk Brian Green, Deputy Director of Planning and Development Audrey Rogers, Planner Mia Oldenburg, Planning Student
1. Call to Order
There being a quorum present, the Chair called the meeting to order at 3:00 p.m.
2. Approval of Agenda
The Committee approved the agenda, as amended, to add the following items under New Business: 1. Meeting frequency; 2. "Ideas" section added to future agendas; and 3. Somenos Marsh Wildlife Society letter
3. Adoption of Minutes
The Committee adopted its March 11, 2013, meeting minutes.
4. Business
4.1. Public Engagement
The Deputy Director of Planning and Development presented information on the department's community engagement process which he said will build on the policies in the Official Community Plan.
Discussion ensued regarding the necessity of early and ongoing community consultation and actively seeking to enhance the public engagement process.
150 May 13, 2013 - Communications Committee Minutes
The Committee then reviewed the draft Public Engagement Strategy including the guiding principles and core values of public participation. Staff was asked to amend the core values of public participation by including the need for interactive communication between the Municipality and the public, and refer this matter to the next Committee meeting for further review.
4.2. Work and Implementation Plan
The Committee reviewed the draft Work and Implementation Plan which will help guide the Committee to complete its mandate by the end of 2013.
The Committee supported the Work and Implementation Plan attached to the May 13, 2013 Communications Committee agenda.
4.3. Municipal Speaking Tour
The Committee discussed the need for "speaking tours" which would provide face-to-face communication and allow the public to receive information on community issues and projects and provide input. The Mayor and staff would annually attend local community group meetings (such as the Chambers of Commerce, community associations and Rotary Clubs) and meet with the media to present current issues in the Municipality and answer questions from the public.
Discussion ensued regarding the number of tours that would need to be conducted and which groups should be included in these tours. It was suggested that members of Council could present information to community groups, however, it was determined that since the Mayor is the official spokesperson for the Municipality, having him make the presentations would provide consistent messaging that reflects the decisions of Council.
The CAO noted the need for staff and technical resources to prepare for and assist with speaking tour engagements.
4.4. Advertising
The Committee discussed the possibility of having a "government page" in local newspapers where the City of Duncan, Municipality of North Cowichan and Cowichan Valley Regional District could place notices and other information. Staff noted that further consideration of this would require consultation with the other jurisdictions. Staff also expressed concerns regarding the lack of staff resourses to manage this type of initiative and that advertising on the same page between different regulatory bodies could be confusing to the public. The Committee agreed to consider this further at a later date.
5. New Business
5.1. Meeting Frequency
Page 2 151 May 13, 2013 - Communications Committee Minutes
The Committee agreed to meeting monthly in order to complete the work identified in the Work and Implementation Plan by the end of the year.
5.2. "Ideas" Section for Future Agendas
The Chair requested that an "ideas" section be added under "Business" on all future Committee agendas to allow members to discuss communications ideas.
5.3. Somenos Marsh Wildlife Society
The Committee discussed the May 11, 2013, letter received from the Somenos Marsh Wildlife Society regarding the proposed new police station on Beverly Street and the protection of the Somenos Marsh. Staff plan to arrange a meeting with the Somenos Marsh Wildlife Society to discuss the Somenos Marsh Conservation Area concept, stormwater management, and invasive species removal. It was agreed that further communication on this matter will be guided by the Agricutural Land Commission's decision on the Municipality's land exclusion application.
6. Adjournment
The meeting ended at 5:18 p.m.
______Chair
______Recording Secretary
Page 3 152 Municipality of North Cowichan Agricultural Advisory Committee Minutes
Date: May 21, 2013 Time: 8:30 am Location: Municipal Hall - Committee Room
Members Present: Councillor Jen Woike, Chair Mayor Jon Lefebure (ex-officio) Blaine Hardie Victor Vesely Andy Johnston
Members Absent: Councillor Ruth Hartmann Gerry Plester Brock McLeod
Staff Present: Brian Green, Deputy Director of Planning and Development Audrey Rogers, Planner Nicholas Redpath, Student Planner Ken Horton, Project Engineer
Others Present: Wayne Haddow, Regional Agrologist Tracy Fleming, Referral Coordinator, Cowichan Tribes Lynne Magee, Regional Drinking Water Coordinator, VIHA
1. Call to Order
There being a quorum present, the Chair called the meeting to order at 10:30 am.
2. Approval of Agenda
The Committee approved the agenda as circulated.
3. Adoption of Minutes
The Committee adopted its March 19, 2013 meeting minutes as amended.
4. Business
4.1. Water Management Issues Tour
The Committee participated in a bus tour from 8:30 am to 10:15 am and visited 1) the confluence of Somenos Creek, Quamichan Creek and Cowichan River and 2) Solly’s Creek at Westholme Road. The Committee expressed
153 May 21, 2013 – Agricultural Advisory Committee Minutes
appreciation to Wayne Haddow and Ken Horton for the history and technical explanations of the various issues.
4.2. Proposed Watershed Management Plan - Terms of Reference
The Committee reviewed Planner Rogers' May 13, 2013 report on the Chemainus River Watershed Management Plan - Draft Terms of Reference.
The Committee recognized the larger corporate interest in undergoing a Chemainus River Watershed Management Plan. The Committee expressed concern about taking it on since much of the agricultural needs fall within the smaller Bonsall Creek Watershed. The Committee also expressed concern about the budget expectations and its desire to ensure that they have funds left over for their other priorities.
The Investment Agriculture Foundation funding goals are in support of agriculture and are intended to develop a common understanding among the various stakeholder groups about agriculture, as well as, achieving water quality.
Recommendation: that Council support the Bonsall Creek Watershed Management Plan's draft terms of reference (as generally outlined in Appendix 1 of Planner Rogers' May 13, 2013 report) for North Cowichan's funding application with the Investment Agriculture Foundation, to develop a Bonsall Creek Watershed Management Plan.
4.3. Demonstration Farming at Cowichan Exhibition
The Chair described the work of the Cowichan Exhibition Demonstration Farming Committee. The Committee was established to move forward on demonstration farming projects at the Cowichan Exhibition grounds and requested that members forward ideas to her. Andy Johnston mentioned the opportunity for wineries to be considered.
4.4. KidSport Cowichan
The Chair described an initiative by KidSport Cowichan that includes a “non- motorized” fundraising tour of farm products or wineries. The Committee will be provided more details as they become available, with the intent of involving the Committee in some way.
4.5. Information / Discussion
4.5.1. BC Environmental Farm Plan - Funding Renewed
The Committee reviewed the 2013 / 2014 British Columbia Environmental Farm Plan Program information.
4.5.2. Sunfest - Opportunities for Local Farmers
Page 2 154 May 21, 2013 – Agricultural Advisory Committee Minutes
The Chair described the long term vision of the Sunfest Music Festival to grow as a local foods and music festival with opportunities for farmers to show case local foods and products at each year's event.
4.5.3. Combined Heat and Power Generation at Greenhouses in the ALR
The Committee reviewed correspondence from the Ministry of Agriculture, dated April 10, 2013, regarding combined heat and power generation at greenhouses in the Agricultural Land Reserve.
5. New Business
None
6. Adjournment
The meeting ended at 11:15 am.
______Chair
______Recording Secretary
Page 3 155
Municipality of North Cowichan Parks & Recreation Advisory Committee Minutes
Date: May 27, 2013 Time: 4:00 pm Location: Municipal Hall - Committee Room
Members Present: Councillor Jen Woike, Chair Mayor Jon Lefebure (ex-officio) Deb Melnyk Audrey Park
Members Absent: Michelle Bell, City of Duncan Rick Brant
Staff Present: Ernie Mansueti, Director of Parks and Recreation Don Stewart, Deputy Parks and Recreation Director
1. Call to Order
There being a quorum present, the Chair called the meeting to order at 4.05 p.m.
2. Approval of Agenda
The Committee approved the agenda as circulated.
3. Adoption of Minutes
The Committee adopted its April 29 meeting minutes.
4. Business
4.1. Delegation - Communities in Bloom
The Committee received a delegation from the Chemainus Communities in Bloom. Marion Hawkins and Erica Prince provided an overview of their group “Communities in Bloom”. It is a volunteer-based, non-profit organization committed to fostering civic pride, environmental awareness and municipal beautification through community involvement. The group has created a social atmosphere within their club. The scope of volunteer work they carry out includes: 21 adopt a beds; Ongoing maintenance of the Henry Road traffic circle, Waterwheel Park and hanging baskets at the wharf; Design of the upgrade for Gerry Smith Park; Design and plantings at Askew Creek park and Oak Street Traffic circle; Monthly column in the Chemainus Courier; A blog; and A booth at the Giant Market Day.
Page 1 156
4.2. Delegation - Cowichan Trail Stewards
The Committee received a delegation from the newly-formed Cowichan Trail Stewardship Society which wants to build a well-planned, sustainable, multi-use recreational trail network on Maple Mountain. Initially, the Society would like to enter into a partnership with the Municipality for permission to build and maintain one trail as a pilot project to demonstrate what the Society can accomplish.
The delegation described the need for trail management, the advantages of an authorized trail network from a land management perspective, the potential for the Cowichan Valley to become a recreation tourist destination, the community benefits, and the way in which the society's vision compliments North Cowichan's Official Community Plan and Forest Reserve Mission Statement. The location of the proposed trail, which they have named "Maple Syrup", would start near the telecommunications tower at the top of Maple Mountain and follows an existing rough trail grade down the mountain to forestry road M400, but would be re- routed to avoid private land. They also described how they intend to manage risk and answered questions from the Committee.
The delegation also gave a presentation to the Forest Advisory Committee (FAC) on April 19, 2013. The FAC was in support of the proposal and will be putting forward a resolution to Council.
4.3. Delegation - Sports Tourism (CVRD)
A presentation was given by the Island Savings Centre Manager on Sports Tourism which is one of the fastest growing segments in Canada’s tourism industry with potential economic and social benefits. As interest and participation in sport grows within the leisure industry the desire of people to travel to compete in or to view sporting events has grown significantly.
Recommendation:
that the Committee support the CVRD in making Sports Tourism a priority.
5. New Business
6. Adjournment
The meeting ended at 5:10 p.m.
______Chair
______Recording Secretary
Page 2 157
BYLAW 3499
Local Area Service (Maple Bay Peninsula Road Extension) Bylaw Contents
Section 1 Service 2 Boundaries 3 Cost Recovery 4 Parcel Tax Roll Creation 5 Severability
WHEREAS sections 210 and 211 of the Community Charter authorize Council, by bylaw, to establish a local area service;
AND WHEREAS Council has received a petition to construct gravel roads through the Maple Bay peninsula, as a local area service;
AND WHEREAS pursuant to section 212 of the Community Charter, the corporate officer has determined the sufficiency and validity of a petition to establish a local area service to pay for this work;
NOW THEREFORE the council of The Corporation of the District of North Cowichan enacts as follows:
Service
1 (1) This bylaw establishes a local area service under Part 7, Division 5, of the Community Charter to pay for the costs to design and construct a gravel road network on the Maple Bay peninsula, with a combined length of approximately 7.3 km, to service 73 properties (the ALocal Area Service@).
(2) The gravel road network will include
(a) an 8 m wide road from Genoa Bay Road to Fairweather Road, approximately 3.8 km in length,
(b) a 5 m wide road from Lot 1…Plan EPP18566 to Lot 40…Plan 9224, approximately 1.9 km in length,
This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan. 158 (c) a 5 m wide road from Fairweather Road to Municipal Forest Road SH300, approximately 1 km in length, and
(d) a 5 m wide road from the road described in paragraph (a) above to Lot B…Plan 47301, approximately .6 km in length.
Boundaries
2 The boundaries of the Local Area Service are shown outlined around the hatched area on the Schedule attached to and forming part of this bylaw.
Cost recovery
3 The methods of cost recovery for the Local Area Service are as follows:
(a) $500,000 from municipal land and log sales, and
(b) 100% of the remaining cost from long term borrowing recovered by a local service tax, in the form of a parcel tax imposed by a separate bylaw.
Parcel tax roll creation
4 Following construction of the Local Area Service, the municipal officer assigned responsibility as collector of taxes for The Corporation of the District of North Cowichan must prepare a parcel tax roll, under Section 203 of the Community Charter, on the basis of a single amount for each parcel of land within the Local Area Service.
Severability
5 If any part of this bylaw is, for any reason, held to be invalid by a court of competent jurisdiction, the invalid part of the bylaw must be deemed to be severed and the remainder of the bylaw must remain valid and enforceable in accordance with its terms.
READ a first time on November 7, 2012 READ a second time on November 7, 2012 READ a third time on November 7, 2012 ADOPTED on
M. O. Ruttan, Corporate Officer J. W. Lefebure, Mayor
B 2 B 159 Schedule AA@ to Bylaw 3499 The Local Area Service
B 3 B 160
BYLAW 3500 Maple Bay Peninsula Roads Loan Authorization Bylaw
The council of The Corporation of the District of North Cowichan enacts as follows:
1 This bylaw gives The Corporation of the District of North Cowichan the authority to borrow up to $2,000,000 to fund the construction of approximately 7.3 km of gravel- surfaced roads on the Maple Bay peninsula, generally as described and shown in Bylaw 3499, being the Local Area Service (Maple Bay Peninsula Road Extension) Bylaw”.
2 The maximum term for which debentures may be issued to secure the debt created by this bylaw is 25-years.
READ a first time on November 7, 2012 READ a second time on November 7, 2012 READ a third time on November 7, 2012 Approved by the Inspector of Municipalities on November 28, 2012 ADOPTED on
M. O. Ruttan, Corporate Officer J. W. Lefebure, Mayor
This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan. 161
BYLAW 3501 Forest Reserve Withdrawal (Maple Bay Peninsula Road) Bylaw
WHEREAS the Municipal Council of The Corporation of the District of North Cowichan deems it expedient, pursuant to section 307(2) of the Local Government Act, to withdraw certain lands from the Forest Reserve established by the "Reforestation Bylaw 1946", No. 335;
AND WHEREAS a notice stating the Council's intention to so withdraw the said land from the Forest Reserve as hereinafter described has been published once each week for two consecutive weeks in a newspaper circulating within the Municipality;
AND WHEREAS less than 10% of North Cowichan electors have indicated that Council must obtain the assent of the electors before proceeding to withdraw the said land;
NOW THEREFORE the council of The Corporation of the District of North Cowichan, enacts as follows:
1 The strip of land shown in heavy black on the Schedule attached to and forming part of this bylaw, comprising approximately six hectares, is hereby withdrawn from the said Forest Reserve.
2 The purpose of removing the said lands from the Forest Reserve is to dedicate it for highway purposes.
READ a first time on November 7, 2012 READ a second time on November 7, 2012 READ a third time on November 7, 2012 RECEIVED elector approval via alternative approval process on December 14, 2012 ADOPTED on
M. O. Ruttan, Corporate Officer J. W. Lefebure, Mayor
This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan. 162 Schedule
2 163