MUNICIPALITY of A/O/T/7 Agenda cowichan
Meeting Technical Planning Committee File 0360-20 tpcos
Date December 9,2008 Mark Ruttan
Time 3:00 p.m.
Place Large Committee Room
1 Agenda
2 Minutes 2.1* Adoption of the minutes of the Technical Planning Committee meeting held November 25, 2008 2.2* Review of the revised minutes of the Agricultural Advisory Committee meeting held November 18, 2008 2.3* Review of the minutes of the Advisory Planning Commission meeting held November 28, 2008
3 Business 3.1 Other Reports 3.1.1* November 2008 Building Permit Statistics
3.2 Land Development Applications 3.2.1* Agricultural Land Reserve - Exclusion (2950 Elm Street) File: 3025-20 08.06 Delegation - Chris Clement 3:15p.m. 3.2.2* Development Permit (9579 Trans Canada Highway) File: 3060-20 08.21 Delegation - Paul Minhas 3:30 p.m. 3.2.3* Rezoning (Cowichan Valley Highway) File: 3360-20 08.14 Delegation - Vancouver Island Go Karting Association 3:45 p.m. 3.2.4* Rezoning (6124 Ryall Road) File: 3360-20 08.13 Delegation - Clements Centre Society - Doug Orr 4:00p.m. 3.2.5* Development Variance Permit (3112 Channel Boulevard) File: 3080-20 08.16 Delegation - Mary Dolan 4:15p.m.
3.3 Information/Discussion
3.4 Planners' Verbal Updates
3.5 Referrals to Others
3.6 Correspondence/Information 3.6.1* Correspondence received November 28, 2008 - Hedge Height Restrictions
4 Closed session Section 90(1 )(f) 4:30p.m.
Next Meeting Date: To be determined
* Indicates attached item tpdec09.08agd.wpd 7030 Trans Canada Highway, Box 278, Duncan, BC V9L3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca MUNICIPALITY of Minutes COWICHAN
Meeting Technical Planning Committee
Date November 25, 2008
Time 3:00 p.m.
Place Large Committee Room
Members Present Mayor Jon Lefebure (ex-officio), Chair; Councillor Ruth Hartmann; and Councillor Anne Murray (after 3:20 p.m.) (comprising a quorum)
Members Absent With Notice: Councillor George Seymour Without Notice: Councillor Melissa Hailey
Staff Present Jim Dias, Chief Administrative Officer; Brigid Reynolds, Planner; Bruce Oliphant, Chief Building Inspector and Peter Nilsen, Assistant Engineer
Agenda The Committee approved the agenda as circulated.
Minutes The Committee adopted the minutes of the meeting held October 28, 2008.
The Committee reviewed the minutes of the Agricultural Advisory Committee meeting held November 18, 2008.
The Committee reviewed the minutes of the Advisory Planning Commission meeting held October 24, 2008.
Business:
ALR Subdivision The Committee reviewed the Director of Planning's November 19, 2008 report Application on the Agricultural Land Reserve subdivision proposal from Rijk and Marguerite 3597/3593 Mt. Visscher for 3597 / 3593 Mt. Sicker Road (Folio: 12023-000). Sicker Road Recommended Resolution: that Council forward the application for subdivision of 3597 / 3593 Mt. Sicker Road (Folio: 12023-000) to the Agricultural Land Commission, without recommendation. File: 3025-20 08.05
Development The Committee reviewed the Director of Planning's November 18, 2008 report Variance Permit regarding a development variance permit for 6701 Drummond Drive (Folio: 9148- 6701 Drummond 000). Drive Recommendation: that the Committee give notice that Council intends to issue a development variance permit to vary Section 56(7)(b) of the Zoning Bylaw to increase the maximum height of an accessory building from 5.0 metres (16.4 feet) to 6.18 metres (20.4 feet) to permit the construction of an accessory building as shown on Schedule No. 1 and 2 attached to the Director of Planning's November 18, 2008 report for the property owned by James and Linda Bell, located at 6701 Drummond Drive (Folio: 9148-000) and to schedule a public meeting for December 17, 2008. File: 3080-20 08.14
Page 1 of 2 ITEM 2.1 November 25, 2008 Technical Planning Committee Minutes
Development The Committee reviewed Planner Reynolds' November 18, 2008 report Variance Permit regarding a development variance permit for 6752 Considine Avenue (Folio: 9430- 6752 Considine 000). Avenue Recommendation: that the Committee give notice that Council intends to issue a development variance permit to vary Section 56(7)(b) of the Zoning Bylaw to increase the maximum height of an accessory building from 5.0 metres (16.4 feet) to 6.7 metres (22 feet) to permit the construction of an accessory building as shown on Schedule No. 2 of Planner Reynolds' November 18, 2008 report for the property owned by Daphne Robinson and Jan Lofstrand, located at 6752 Considine Avenue (Folio: 9430-000) and to schedule a public meeting for December 17,2008. File: 3080-20 08.15
Councillor Ruth Hartman left the meeting at 3:25 p.m.
Building Permit The Chief Building Inspector presented his October 2008 report on local Statistics construction activity.
Homelessness Councillor Murray spoke to her report regarding the University of Victoria Conference Housing and Homeless Research report and a recent report completed on housing and homelessness for youth in the Capital Region. She indicated this is an issue that Social Planning Cowichan will continue to work on.
Adjournment The meeting ended at 3:50 p.m.
Next Meeting The next meeting will be held December 9, 2006.
Certified correct
Recording secretary Chair or presiding member
Page 2 of 2 November 18, 2008 Agricultural Advisory CommiUee Minutes
purchase of a small portion of Ihe lot.
CommiUee members highlighted the concern about creating additional parcels and the message that conveys to others who will wanl to do likewise.
Recommendation: that the Agricultural Advisory Committee advise the Technical Planning Committee that it does not support the application to subdivide the property at 3597/3593 Mt. Sicker Road (Folio: 12023-000). File: 3025-20 08.05
ALR Exclusion The Committee reviewed Planner Rogers' October 21, 2008 report on the {2950 Elm Street) Agricultural Land Reserve exclusion application for 2950 Elm Street (Folio: 15052- 010). Planner Rogers reviewed the proposed development along with the site history noting that Ihe Agricultural Land Commission had previously given approval in principle to an exclusion of the land subject to conditions. Since the new proposal was for a different land use mix, the Agricultural Land Commission has required that a new exclusion application be made.
The Committee noted recent Agricultural Land Commission decisions in the area. It also considered Ihe concerns raised from the nearby dairy farm over the influx of homes and potential for complaints regarding the operation from nearby urban residents. The site plan was considered in detail to ascertain whether sufficient buffers were included in the plan. Askew Creek and the adjoining riparian area provide a significant treed buffer along much of the border with the farm. The Committee felt, however, that the area northwest of the riparian zone and in the Agricultural Land Reserve should not be removed.
Recommendation: that the Agricultural Advisory Committee recommend the Technical Planning Committee that the Agricultural Land Reserve exclusion application for 2950 Elm Street (Folio: 12023-000) be forwarded to the Agricultural Land Commission with the recommendation that only that portion of the site southeast of the Askew Creek riparian area be removed from the Agricultural Land Reserve subject to assurance that covenants will be used to notify prospective residents of the nearby agricultural operation and the potential of perceived nuisance. File: 3025-20 08.06
ALR Non-Farm Use The Committee reviewed the Director of Planning's November 10, 2008 report on (1793 Stamps Road)the Non-Farm Use application for 1793 Stamps Road - Sawmill (Folio: 8479-000). The report noted that the application for non-farm use has not yet been made. It was also indicated that the other conditions of the Agricultural Land Commission decision have not been complied with, notably ongoing weekend operation, construction of new buildings without permits, open burning, and the treed buffer that was required was not located the required distance from the property line. It was felt that the BC Assessment Authority should review the uses on the site and re-assess the land not as agriculture but as industry. File: 3025-20 07.05
Information Food Security Meeting Notes /Discussion Beverly Suderman reviewed the notes from the October 2. 2008 Food Security Meeting with the Committee. They will form part of the reference material for inclusion into Official Community Plan policies.
Cowichan Exhibition Agriculture Demonstration Fred Oud provided the Committee with an overview of the progress to date on the
Page 2 of 3 ITEM 2.2 MUNICIPALITY of fVO/T/7 Minutes COWICHAN
Meeting Advisory Planning Commission
Date November 28, 2008
Time 12:15 p.m.
Place Large Committee Room
Members Present Hiram Beaubier, Chair; Gilles Villeneuve, Alison Sherwood, Susan Miller, Dirk Helms and Mayor Jon Lefebure (ex-officio) (comprising a quorum)
Members Absent With Notice: Dave Hladik, Douglas Ormond and Councillor George Seymour (Council Liaison)
Staff Present Brigid Reynolds, Planner; Audrey Rogers, Planner and Beverly Suderman, Planning Assistant
Agenda The Commission approved the agenda with the addition of the following items: Report from the Environmental Advisory Committee's November 13, 2008 meeting
Minutes The Committee adopted the minutes of the meeting held October 24, 2008.
Business:
Design Awards Commission members discussed the 2008 awards program and made the Program following suggestions: • brochures should be included with all building and development permits; the brochure needs to use more broad language with reference to the type of development projects that can be nominated - for example, renovation, redevelopment and innovative projects; • make reference to sustainability; request that Council announce the awards program to give it a higher profile; change the title from 'design' awards to 'community planning or development' awards; send out more press releases that could highlight past winners - Commission members could assist with this; and as this is the 5th year of the program a special award, e.g. sustainability, could be granted.
Staff was requested to take these suggestions and report back to the Commission.
Chair's Report - Hiram Beaubier attended the November 18, 2008 Agricultural Advisory Agricultural Advisory Committee meeting to outline the Official Community Plan review process. He Committee Meeting requested the Agricultural Advisory Committee's assistance with drafting agricultural policy and will meet with the Committee again.
Sustainability - Commission members confirmed that sustainability is a guiding or overarching Guiding Principle principle for this Official Community Plan review and it shall be a common thread
Page 1 of 2 ITEM 2.3 November 28, 2008 Advisory Planning Commission Minutes
woven throughout the document. The principle should be referenced as much as possible throughout the process.
Sustainability - Commission members discussed how to incorporate this principle in the Community community consultation process and had the following suggestions: Consultation education is important to gain a better understanding of common terms; where possible, use concrete and visual examples from North Cowichan and other jurisdictions; include multiple feedback mechanisms; • introduce the concept of 'sustainable community1 and seek support for it; develop a glossary of terms that can grow over time, be used at meetings and be included in the Official Community Plan document; hold open houses prior to the community meetings to allow for more discussion and education; with the changing economic climate consider a workshop/focus group around economic development and invite small business owners, Chambers of Commerce, Community Futures, etc.; • invite the Mayor or Commission Chair to draft regular articles in the newspaper; and ensure principles are prominent throughout the community consultation.
Staff will report back at the next meeting on the community meeting format.
Environmental Sue Miller reported back from the November 13, 2008 Environmental Advisory Advisory Committee meeting stating that a recommendation was made that a tree Commission preservation and promotion strategy be an action item for the Official Community Plan review.
December Meeting The regular December meeting falls on December 26th. It was agreed that a meeting be held on December 19th and that it include a business and social component. The community meeting format will be discussed.
Review TPC Minutes The Commission reviewed and discussed the minutes of the Technical Planning Committee meeting held October 28, 2008.
Review AAC Minutes The Commission reviewed and discussed the minutes of the Agricultural Advisory Committee meeting held October 21, 2008.
Adjournment The meeting ended at 2:00 p.m.
Next Meeting The next meeting will be held on December 19,2008.
Certified correct
Recording secretary Chair or presiding member
Page 2 of 2 ValuacrlStngio Family Dwolllng
Art-a Hijce M3
J_ _B19fl|flcivv!ij.T(*i ^Ng Building Permit Statistics November 2008
Uaxk^ Bruce L Oliphant Chief Building Inspector Single Family Residence Starts November 2008
Bruce L. Oliphant Chief Building Inspection Multi-Family Residential Starts Duplex, Townhouses, Strata's and Apartments November 2008
LJ jlp i ■
Bruce L. Oliphant Chief Building Inspector MUNICIPALITY OF North COWICHAN Report
Dale: December 9, 2008 File Number 3025-20 08.06
To: Technical Planning Committee Folio Number: 15052-010
From: Audrey Rogers, Planner Endorsed By:
Subject: Agricultural Land Reserve Exclusion for a portion of Lot 1 Plan 41882 Section 17 Range 5 Che main us District (PIP 001195930)
Proposal The applicant has applied to remove approximately 8.85 hectares (21.87 acres) of (he 13.174 hectare (32.55 acre) subject parcel from the Agricultural Land Reserve (ALR) to enable a mixed use development. Figure 1 a dark green line highlights ject the subject parcel; the portion of the -Property lo! within the ALR is shown with a lighter green overlay within Ihe dark green outline. t^r Dark Groan Un« Is the subject Policy property; the The subject property lies both wilhin light green the ALR and the Growth Centre overlay are the identified by the Official Community lands In the Plan. Figure 2 shows the area of overlap of the North Cowichan Growth Centre and Agricultural Land Reserve in the Chemainus area. Figure 1: Light (jroan ovwtay within dark 7m property ts proposod removal from ALR. The area of overlap contains thirteen separate lots. Two (including Ihe subject lot) lots contain portions of land in the ALR and portions thai are not in the ALR.
The lands within the ALR designation were included in the Growth Area for the following reasons: 1. Ihe size of a number of the discrete parcels were considered small for agricultural purposes; and^or 2. existing urban development encroaches from the north and east of the area of overlap; and/or 3. Municipal infrastructure, water and sewer, is available (although subject to upgrades); and/or 4. the lands address other municipal interests (eg. Trails, transportation) and/or 5. in Ihe case of Ihe subject property, (he ALC had previously provided approval in principle Figure 2: Area of overlap of Growth Centra (Mat side ol orange lino) and lo the lands being removed from Ihe the ALR Lands ALR.
lof 9 ITEM 3.2.1 MUNICIPALITY OF COWICHAN
Planning Analysis and Considerations Previous Application lo Agricultural Land Commission
In 1989 the Agricultural Land ■*—** t>lU Commission (ALC) provided approval in principle for the exclusion of the ALR component of the property for a different kind of development (hotel and commercial). At Ihe same lime the ALC provided the owner approval for "unrestricted development of the village, while the land in question remains in the ALR, subject lo certain conditions.* The conditions included fencing, and the provision of a 20 metre buffer. The 1988/89 Arlisan Village proposal and conditions are iw! shown on Figure 3: ((
Figure 3: ALC Illustration of Decision Made in 1989
At the March 1,1989 Council meeting the application to rezone part of the lot from A2 to C2 was approved. A portion of the C2 zone lies in the ALR. The permitted uses include "mixed use building," which allows for residential development above the commercial ground floor uses.
Shaded aj£a identifies site re2oned
Figure A: Portion of subject property rezoncri to C2 1989
Exclusion Assessment 2005 and Current Application
In 2005, Ihe owner had an exclusion assessment done by Pottinger Gaherty Environmenlal consullants LTD. (PGL.) PGL considered the following: the 1989 previous approval in principle by the ALC; a 1995 letter from the ALC permilting subdivision of the properly prior to exclusion; and, the 1989 DNC rezone of part of the properly from "agriculture" lo 'urban' and "commercial".
As a result of the noted information they suggest lhal "the site has already received preliminary approval for exclusion and the exclusion process should not require any addilional agricultural work (sile visit, soil survey).*
Since that time a new proposal for thB site has been developed by the current applicant thai involves an intensive residential component.
2 of 9 MUNICIPALITY OF A/Off/? COWICHAN On August 18,2008, the Agricultural Land Commission determined that they needed to see a new application, as "the original decision [from their perspective] did not allow for any residential use."
Geotechnical Site History In 2005, a Preliminary Geotechnical Assessment (PGA) of the site had been performed by C.N. Ryzuk and Associates Ltd. A review of historical air photos revealed that the eastern portion of the site had been cleared prior to the late 1940's/early 1950's, with the possible construction of a small house in the trees at the northeast corner of the site, and the main baseball diamond in the park to the south had also been constructed by that time. Otherwise, there appears to have been little disturbance of the subject property until the gravel pit was developed some time after 1984. By 1998 the pit appears to have been abandoned, and had become partly vegetated. The large gate at the entrance to the proposed Artisans Village had also been constructed by this time. Logging and road construction in the western part of the site appears to have begun after 1998. (PGA, Ryzuk, page 2)
Terrain Attributes PGA's Geotechnical Assessment was made under the assumption that a 15 metre setback would be utilized on either side of Askew Creek; however, this has been defined as 30 metres by "Ecological Assessment Proposed Property Development Artisan Village, Chemainus, BC", Madrone, January 23,2008 The geotechnical assessment performed by Ryzuk is preliminary In nature, they conclude that there are no significant constraints to development, and make the following recommendations that the steep slope not be developed; that the stability of the sides of the gravel pit may be of concern; that a detailed subsurface investigation of the gravel pit be Figure 5: Terrain Attributes (PGA, 2005) done to ensure no 'pocketspockets of organic material or loose/miscellaneous fill" exist; that in the rock outcrop areas blasting may be required for foundations; and finally; and, that a more detailed geotechnical investigation take place once the development concept is prepared. As well as the riparian area under protection the PGA notes that an area north of the "Bedrock Ridge" is undisturbed and supports mature coniferous trees with a salal understorey. The Madrone Ecological Assessment (MEA) indicates that "mature trees and trees displaying evidence of wildlife use In this area should be maintained, to preserve the benefits to wildlife. Scattered mature trees throughout these polygons provide identified benefits to Band-tailed Pigeons (blue listed) for perching and roosting." (MEA, p. Ill) The above noted considerations are expected to be addressed by the development and will become part of the rezoning and development permit review.
3 of 9 MUNICIPALITY OF COWICHAN Current Application Information
The applicant has provided a comprehensive development plan for 80 dwelling units [family Iqcus} the property (that will be made
available at the committee meeting) Hermit Park outlining proposed land uses, 1 TO dwelling units environmental protection measures, condos & mobility, site servicing, and community lownhouses design. The comprehensive 225 seniors A development plan is subject to further 100 care review during rezoning, and Assisted units development permit processes.
The intent of the proposal is to "create a unique mixed-use neighbourhood utilizing open space, quality
architecture, and the site's natural 1,B60m* beauty...safe, pedestrian-oriented r.ommerdal with neighbourhood that provides 21 apartments amenities for both the residents and a hove the larger community." The project is Figure 6: Proposed Land Uses planned to incorporate family housing (80 dwelling units) in the north westerly portion of the site, strata housing (up to 170 condo apartment dwelling units, and 40 townhouse units) east of Askew Creek. Senior's housing {225 independent living units, and 100 care/assisted living units which would alternatively translate into 30 independent living units) on Ihe south and east portion of the site (wesl of the ball park), and a mixed use commercial (1,860 m2) residential {21 units) area at the Elm Street Entrance. This amounts to 566 dwelling units {or 536 dwelling units and 100 care beds.) The development timing will depend on demand and could take many years to be built out.
Public Amenity
Should the exclusion request and subsequent rezoning be approved the development of the property may include some [ype of public amenity. Often, this includes parks, trails or other recreational facilities. The applicant intends to maintain the existing Hermit Trail System as a park - staff has requested that the applicant review the option of designating the Hermit Trail as a heritage resource. In addition to Hermit Trail protection, the applicant has suggested that further trail development occur including pocket parks, seat walls and benches. The developed area will contain small urban plazas, sealing areas and community gardens. Public amenity contributions will be further reviewed during Ihe rezoning of the property should removal occur.
The trails located on (he subject properly would ideally be connected to a north south trail corridor linking CoHonwood Road to Cook Street and Victoria Road. (RRL, 2008) (See Figure 7.)
4 of 9 Figure 7: Proposed Clicmnin North-South Grcenway MUNICIPALITY OF COWICHAN Riparian Area and Stream protection
There are two portions of the site that are proposed to be intensely developed with a stream protection area located in between. The north westerly portion of the site is proposed to be accessed Irom Chapman and the south easterly portion of the site is proposed lo be accessed from Elm Street should Ihe removal be supported.
The stream protection area is significant and amounts to approximately 35 to 40 percent of the overall site area.
In addition lo Ihe results for the Riparian Area Report (RAR), the applicant proposes to retain the 20 meter buffer condition from Ihe 1989 Figure 8: Riparian Area as Defined by Madrono ALC decision.
Transportation
Boulevard Transportation Group was hired by the applicant to review the development and the surrounding road network; in particular, the interseclions of Chapman Road and Victoria Road, Victoria Road and Chemainus Road, and Elm Street and Chemainus Road, A road from Elm Street through the subject property lo River Road will address this project, a proposed housing development south of Ihe subject property, and provide an additional conneclion through to the highway. Along with Ihe road network, staff expect corresponding pedestrian and cycling supported infrastructure in addition to the trail
system. A number of mitigation measures have been recommended for each of Ihe intersections indicated and Engineering staff are reviewing these measures in context of the overall system plan.
Timing of Development
The subject properly is splil zoned Rural Zone (A2) and Commercial General Zone (C2). If the application proceeds and is approved by the Agricultural Land Commission, the property will require rezoning, subject to Council approval, before proposed intensive residenlial development could occur. Development Permits are also required for the proposed development.
Site Development Plan
Site planning will be further reviewed with the applicant should the Agricultural Land Commission {ALC) exclude the site from the ALR.
The following is relevant to this application:
1. An extensive and historically used trail system exists within the site and connects through lo adjacent Irail systems in Askew Park and is considered a major asset to Ihe community.
2. -A road from River Road through the privately owned property immediately south of the subject [ands will be built and staff expect it to be extended through the subject property to Elm Street providing alternative access lo the Trans Canada Highway by way of River Road.
3. The site has easy access lo Municipal water and sewer infrastructure
5 of MUNICIPALITY OF COWICHAN 4. The Elm Street entrance to the site is located approximately 300 metres to downtown Chemainus and therefore supports ready pedestrian access, reducing the need for vehicular transportation trips for those living in the Village. 5. The many amenities of the Chemainus community are readily available from the site Including: schools, hospitals, pharmacies, access to professional services, and retail stores and restaurants.
Community Response: October 23.2007 Applicant Consultation with the Community Attachment 1 contains the meeting notes from the evening meeting held Tuesday October 23,2003 held from 7:00 to 8:30 at the Chemainus Legion. Approximately 14 Issues, concerns, questions were identified. Our records indicate that the public was also given the opportunity to provide feedback to a series of written questions and that approximately 15 chose to do so. Generally questions and/or concerns raised were about water, traffic, green space (retention), smart growth, connections to downtown, sensitive consideration for existing trails, treed areas, watercourse, security and safety, Impacts of the quantity of the new dwelling units, tree protection, storm water management, run-off to Askew Creek. The notes (attached) Indicate a mixed level of support / non-support for the project. Generally the proposed project is addressing most concerns; however, the rezoning and development permit review processes will refine all considerations. Responses to current ALR exclusion application The responses to date from the neighbours Indicate a lack of support to the removal of the subject lands from the ALR.
The critical issues and concerns raised are related to: 1. The concern from the neighbouring farm, where intensive agricultural operations related to dairy farming result in significant odours, is not that there will be residences nearby but that these new residents will not be aware of the potentially Invasive odours and will be complaining both to the municipality and to the farm operation on a regular ongoing basis. The farming neighbour Indicates a need to provide more extensive buffering between farm properties and urban residential development, (see attachment 2, and as per telephone conversation with the author of this report) 2. The need for retaining farmland for food supply, concern about overdevelopment, land sale profits, and collusion amoung owners, (see attachment 3) 3. Preservation of the park-like area (rare beauty) and Hermit Trails Instead of development as another subdivision, and expressed concern about water problems, (see attachment 4)
Conclusion The District of North Cowlchan when determining the Urban Growth boundary for Chemainus took into consideration the original approval in principle from the ALC. In addition, the Commercial General Zone (C2) portion of the site was considered an Important component of the Urban Growth boundary.
The existing Official Community Plan was sent to the Agricultural Land Commission (ALC) for consideration prior to adoption; however, this overlap was not commented on. The long term intent of the lands has been for urban growth in the Chemainus area. The OCP identifies it as an Urban Growth Centre due to its proximity to urban amenities. The community utilizes the extensive trail network and an additional transportation link through this property to River Road Is considered advantageous for the residents of the northerly portion of Chemainus by staff.
Urban Growth Centres have been identified for North Cowichan to prevent urban sprawl in rural areas while anticipating that growth will very likely occur and should be confined to existing infrastructure.
6 of 9 MUNICIPALITY OF COWICHAN The noxious odour issue is concerning; however, the following can be said: currently a number of residential areas north and easl of the farm experience the odours which can be intense at any given lime. Between the original requirement of 20 meters along Ihe west and south borders of Ihe ALR portion of the lands and the area of protection along the creek a significant buffer is being provided between the farm and the residential properlies to the east of Askew Creek.
Community concerns about the level of development should be considered at time of rezoning at which time a better understanding of service levels and infrastructure needs will be available.
Agricultural Advisory Committee (AAC) Comments and Recommendation
The AAC suggested collecting an ongoing levy on the Area {dark green) be retained as ALR developed land lo be provided and SPEA (between orange lines) lo be to the adjacent farm for completely designated ALR additives to be applied to Approximately 5.85 ha (14.5 acres) or manure to help reduce approximately 43% of the site area. odours. The cost of this consideration to the future residents of Ihe development is not known; in addition, the implications for other, similar situations, has not been considered; however, staff suggest that this could be explored further.
Agricultural Advisory Committee recommends that Figure 9: AAC Recommendation Iho Askew Creek SPEA (Hermit Park) and the ALR east of Askew Creek be designated ALR; and (hat, a covenant be placed on Ihe developed land such that the new owners are aware Ihat adjacent farms produce farm related odours, and noise that may impact their quality of life.
Applicant Response to AAC Recommendation
The applicant requests that the buffer requested by the AAC be reduced and (hat the park portion be expanded to include Ehe area shown. The rationale for the expanded park is that portions Reduce AAC of the existing trail lie within this area; recommended buffer expanding the park protects the trails.
The buffer recommended by the ALC Add to park here in 1989 was 20 meters along the wesl (includes existing Irate) side of the properly; the expanded area supported by the Applicant is greater than the original buffer requested by the ALC.
The applicant does not object to placing a covenant on the properly to address the concerns raised by the AAC.
Figure 10: Applicant's suggested response
7 Of 9 MUNICIPALITY OF NOfttl COWICHAN Options
In all of Ihe options listed below staff recommend that a covenant be put in place as per the AAC recommendation.
1. The committee could recommend that Ihe lands not be removed from the ALR; however, this recommendation would pul the committee and Council at odds with previous Council decisions and the Official Community Ptan (OCP) D Should the commiltee and Council determine that this is the best course of action they coutd recommend a revision to the Chemainus Growth Centre boundary, a This decision would likely impact the value of the property to the applicant.
2. The commiltee could recommend removal of all identified ALR lands on the subject property from the ALR except those used as a buffer. This recommendation would reflect the likelihood lhal the lands will never be farmed once removed so there is no need for the lands to be in the ALR □ Should the committee and Council determine this to be the best course ol action; staff recommends thai protection of the buffer, Hermit Trails and SPEA be put in place Staff recommends that the Hermit Trails and SPEA areas be dedicated as Park; and lhat Ihe buffer remain in the ALR. The rationale for this would be: a. lo achieve the goals of the buffer to provide some separation between the intensity of the rural and urban uses, b. to protect the entire Hermit Traits, c. to protect Ihe SPEA. a Staff recommends that the park include the section shown in the Applicants Response.
3. The committee could recommend exclusion of a portion, retention of a portion, and inclusion of the entire SPEA as per the AAC recommendation. (See Figure 9.) u The portion being retained provides a greater buffer adjacent to Ihe productive farm operating to the west □ Incorporating the SPEA lands in Ihe AIR may provide additional layers of protection for the property (especially in conjunction with a Park designation.); however this may be perception more than reality.
4. The commillee could recommend exclusion of a porlion, retention of a portion and inclusion of the entire SPEA as per the Applicants response lo the AAC recommendation. (See Figure 10.) 0 The advantage over the AAC recommendation is that it Includes a portion south easl of the SPEA and protects the full of extent of Ihe existing trails.
Recommendation
That Technical Planning Committee recommend to Council thai the Agricultural Land Reserve exclusion application for Lot 1 Plan 41882 Retain in the ALR Section 17 Range 5 Chemainus
District (PID 001195930) be forwarded Dedicate as Park to the Agricultural Land Commission with the recommendation that Ihe land be excluded pei Option 2.
Figure 11: TPC Recommendation lo Council
8 Of 9 MUNICIPALITY OF COWICHAN Reference Material
Prepared by Owner Pottinger Gaherty. (Letter) Preliminary review to assess potential exclusion from the ALR, December 16, 2005. Ryzuk. Preliminary Geotechnical Assessment of 36-Acre Site Chemainus Road at Elm Street - Chemainus, BC. November 23, 2005 Wilson. Archaeological Overview Assessment, Proposed Chemainus Housing Subdivision "Artisan Village." October 2005. Prepared for and submitted by Applicant Boulevard. Artisan Village, Traffic Impact Study, April 8, 2008 Boulevard et al. Artisan Village - Chemainus BC, Comprehensive Development Plan, updated May 29, 2008. Madrone. Breeding Bird Surveys, Proposed Property Development Artisan Village, Chemainus, BC, June 17, 2008. Madrone. Ecological Assessment, Proposed Property Development Artisan Village, Chemainus, BC, January 23, 2008. Madrone. Nocturnal Owl Survey, Proposed Property Development Artisan Village, Chemainus, BC, June 6, 2008. Prepared for or acquired from the archives of DNC BC Agricultural Land Commission. (Letter) Application #02-J-88-22671. March 31,1989 Dias. (File Note). ALR Exclusion Application - Pacific Rim Artisan Village Foundation (reflecting verbal notification of ALC decision). February 27.1989. District of North Cowichan. (Letter) Application to Rezone:.... Bylaw No. 2409. March 7,1989 District of North Cowichan. Official Community Plan. 2002 Recreation Resources Ltd. (RRL) "Draft" Chemainus Greenway Feasibility Study. Revised February 2008.
v: V
9 of 9 12/19/2007
MEETING NOTES
Project: Artisan Village, Chemainus
Purpose: Public meeting to present preliminary land use and planning concepts for the Artisan Village property to the Chemainus community
Date: Tuesday, October 23,2007
Time: 7:00 pm-8:30 pm
Location: Chemainus Legion
Development Team in Attendance: • Chris Clement, Chris Clement Construction • Dave Conway, Creative Engineering Services • Rob Conway, Land Planning Services • Jerry Ellins, Ellins Architect • Mitchell Jacobson, Boulevard Transportation Group
Issues and comments from Attendees:
Allotment or community gardens should be provided on-site for residents Road access and traffic will be an issue - more information is needed Tree protection measures should be provided Clearing should be done in small phases rather an clearing the entire site at once Housing for younger people should be provided. Don't impose age restrictions that exclude younger residents Has subsidized housing been considered for the site? How will storm water be managed (e.g. cisterns)? How will the project be phased? Can 2 trees per lot/unit be provided? What is the anticipated schedule for phasing the project? Secondary (emergency) access should be provided. Are roads within the development intended to be public or private? Can a trail connection be provided along the edge of the E&N right of way? Microphones should be available for future meetings.
Issues and comments from response sheets (to Nov. 7^
Total response sheets provided to date: 15 12/19/20oV'*;.'* X'"V : '■• > • ' ^
• • •*
Question 1 Did you obtain the information you need to engage in the consultation process about the Artisan Village site? Yes-11 No-4
If not, what additional information should be provided at future events?
• Water sources, storage and sewer • Specific info on easements between existing neighbourhoods and proposed multi-dwelling buildings is needed • Traffic to/from school, ball fields etc taken into account with traffic plan • Energy efficiency, solar, instant-on water heating with water reservoir, heat pumps (not on roofs) • Schedule of future meetings • OK as a start but will need far more detail for effective engagement • Some indication of possible timeline for staged development (groundbreaking to completion) • Market analysis and pre-feasibility of demographic trend - projected demand for different types of units • Assurance that the Chemainus water supply is or will be sufficient for each phase of the development prior to construction completion • Nothing to add • Clearer maps hi smaller, simpler format - one for each person/couple who show up for future events • A microphone for speakers • Changes and new information
Question 2 What type of uses and services would you like to see included as part of the development of the Artisan Village site?
Veggie gardens Fruit trees Put more fish back in Askew Creek Keep (commercial use) to a minimum to complement current "downtown" businesses Looks goodl Green space to Land Conservancy not the Municipality Can some flat area be dedicated to public gardens to be assigned to residents (veggie or flower) especially for apartment residents e.g. allotments • Love the amount of parkland included • Provide more concrete examples of business opportunities 12/19/2007
• Allotments • Consider landscaping a 9-hole pitch and put through the low area fronting the tracks • Make 4-wheel scooters available for use on-site and for provisioning trips to town • As per discussed at tonight's open house • Looks terrific! • I appreciate that you are retaining the idea of mixed-use buildings possibly for artist studio/living situations • Housing for families; subsidized and/or realistically affordable for young families with $10 - 20 an hour jobs • No businesses such as coffee shops which would take away from uptown and downtown core • Need rentals in the form of apartments • Children's playground • Environmentally effective ways of dealing with storm water - - • * as solar
Question 3 Have we identified the key issues you feel needed to be addressed?
Yes -10 Yes (for now) - 2 No Response - 2
Question 4 What are the key issues or concerns you have in considering the future use of the Artisan Village?
• Water • Traffic to Elm or River Road: the later may well be cheaper - the former is so near downtown that walking would do it (no cars needed). • Green space • Minimal impact on new water • Large buildings looming on top of existing properties e.g. Fir and Cedar St. • Water quality and service • Traffic • Thanks for saving the Hermit trail -1 love it • Sidewalks to town • The development should be accomplished with the least impact on wooded areas, trails and watercourse • Give the amount of space earmarked for assisted living and age-in-place potential, security and safety wUl be a major issue • Impact on the town of 300-400 new units of housing • Water supply capability (:■■ 12/19/2007
Traffic patters - Elm St and Chemainus Rd and Victoria and Chemainus Rd Protection of Askew Creek and Hermit's Trail Intersection of River and Chemainus Rds and Front and River Rds They have been addressed Personally, the Askew Creek and trails ending up as a park and the arts component remaining in whatever forms best suit the development and community Types and cost of housing/apts Water supply Traffic and safety for children using ballpark and attending elementary school Losing too many trees Storm water management system Strong concern re: additional water run-off into Askew Creek - have observed creek overrun its bank as it runs through Askew Creek Park- eroding under roots and dropping trees • Water supply in town is already stressed in dry summers • I am very pleased that you seem to have decided to retain a good deal of the trees and shrub cover, rather than make another concrete jungle!
Question 5 Do you have additional comments you would like to share with the development team members?
Keep Chemainus Green More trails to walk on Let's stay small and friendly Please consider the neighbours to these proposed communities Can we have a website and e-mail to direct questions and suggestions? Consider the alder grove in the SW quadrant of the proposed park as a water source/storage. Alders like water. Yes, but they would require more info on the overall development plan I am in favour of the concept as outlined. I also like the timeframe for development I hope that during construction that current area residents are not overwhelmed by noise and dust - perhaps a buffer zone is
necessary As a senior citizen (early 70's) I hope to live long to see this project come to fruition and before Chris becomes a senior citizen Can't wait to see it get started 12/19/2007
Thank you for your presentation. I think you are on the right track and I look forward to seeing the next phase in the development. If I can be of any assistance when you get to the art development and finishing stage, let me know. I think the concept could be advantageous for Chemainus but it greatly depends on the types of housing that will be provided. We need rentals for families and seniors. There is enough senior housing (for now) to purchase. I don't see seniors co-habitating with families with young children and animals - a recipe for never ending complaints. In past years, Askew Creek has overrun and flooded the area next to condo bldg, Creekside Village. These floodings occur during natural runoffs, what kind of flooding would occur if additional water is added from un-natural run-off due to pavement covering natural soil absorption Thank you for your consideration - Excellent presentation! If you have to economize, please don't do so by cutting environmental corners.
Notes taken by R. Conway October 21,2008
Audrey Rogers District of North Cowichan Box 278 Duncan, B.C. V9L3X4
Dear Ms. Rogers,
This letter is in response to the application of Oswald Smith Foundation to remove land at 2950 Elm St., Chemainus., from the ALR.
We own a dairy farm, Chemainus Farms at 3221 River Rd., which is directly west of the subject property and we feel that this land should be left in the ALR for the following reasons. '
Our cattle barns and manure pits are on a hill above the property and the prevailing winds send the odours from these facilities into the lower land below the barns, the Elm St. property. We are not against residential development but because of this property's specific location, 365 days a year the odour settles down into this area and we cannot prevent this from happening.
We have an intensive agricultural operation that operates 24 hours a day, 7 days a week. With 380 milk cows, Chemainus Farms is Vancouver Island's largest dairy operation.
Echo Heights borders our farm on the north side but this area is only susceptible to odours when we spread manure approximately 30-40 days a year. Channel View Estates is also in this area and we try to mitigate the odours as much as possible by not spreading on weekends and holidays. Also, we try to spread when the wind is blowing away from housing and we stop in late afternoon so the odour has time to dissipate before evening when the air pressure drops.
Last year in Alberta there was a big controversy because an 80 cow dairy farm was proposed 2 miles from the nearest town. The Elm St property is within 1200 ft. of our barns and directly downwind.
As a Community Plan initiative it doesn't make sense to develop so close to a dairy farm.
Presently, with the subject property IN the ALR, we have it (subject property), then the railroad tracks, then Chemainus Rd., then Askew Creek Park as a nondeveloped buffer zone between our farm and the town of Chemainus. Presently, in the evening, the odour from the farm can be smelled on Chemainus Rd. by Askew Park. * -. ... t%-. r — v£\ •
We don't want to be the "bad guys" in this scenario. We have been fanning here since 1928 and we live and shop in the community.
Leaving a buffer or portion of the property undeveloped WON'T solve anything. If this development goes ahead, who will deal with the complaints and angry residents? There are thousands of acres of ALR land in the Cowichan Valley that could be developed without conflict
This parcel should not be removed from the ALR.
If this application is approved it will create a problem much worse than the DCT Chambers chipper noise issue in Chemainus.
Sincerely,
Gerry Plester Chemainus Farms Ltd. Box 127 Chemainus, B.C. VOR1K0 Johanna Rcymerirife. P.O. Box 123, Chemainus, BC, VOR1K0 Phone (250) 246-4805 ♦ Fax (250) 246-4912
October 14,2008 RECEIVED
OCT 15 2008 District of North DISTRICT OF >.O.Box278, NORTH COWICHAN Duncan BC V9L 3X4
Dear Audrey,
RE: Notice of exclusion application regarding land m the ALR. 2950 Elm Street, Chemainus BC. Legal: Lot 1, section 17 Range 5. Chemainus District Plan 41882.
This above named property is the "Artisan Village" property in Ghemainus. I hereby highly object to have this taken out of the ALR for the following reasons.
1) We need farmland for our food supply. 2) If this property is allowed to come out of the ALR then there will be a huge development stretching from Elm St. to River Rd, and pretty soon we will have lots of houses and even more people in them, but NO agricultural land to feed them and us. 3) This land was owned by the Smith Foundation, who bought it for about $490,000 from Karl Schutz, and in turn sold it to Chris Clement for $7 million. Nice Profitll They could have sold it to a farmer, but then they would not of made that kind of profit. "The Rich Keep Getting Richer". 4) The Demchuk Property on River Rd, also just taken out of the ALR, is adjacent to the Artisan Village and Carol Demchuk is the daughter of Ken Smith, what does that tell youll It is a classic example of those "in the know" using their power and influence to circumvent the laws of our society of make millions.
Please do not let this property out of the ALRIIl
Johanna Reymerink
cc: Agricultural Land Commission
. C- 4 ' OCT 3 0 2008
DISTRICT Of NORTH CQWj^i
i aba//
0 £^. MUNICIPALITY OF A/0/?/? COWICHAN Report
Date: December 9, 2008 File Number: 3060.20 08.21
To: Technical Planning Committee Folio Number: 16471.000
From: Audrey Rogers, Planner Endorsed By:
Subject: Development Permit for Chemainus Gateway Plaza (Commercial) Lol 1, Seclion 15, Range 3, Chemainus District, Plan 31442 (River Road)
Applicant: Paul Minhas
Purpose To consider an applicalion for Chemainus Gateway Plaza with respect to form and character; and, to consider a variance to the parking requirements.
Site Considerations The property is zoned C3 and is currently undeveloped. The properties immediately abutting it to the east are agriculturally zoned and are located within the Agricultural Land Reserve (ALR). The subject property is not within the ALR. The property is a challenging site to develop due to its shape and because it is bisected by Askew Creek and therefore subject to Provincial riparian area regulations (RAR) that establishes the stream
Figure 1 & 2: Site Plan protection area (see Figure 3).
The site shape dictates the concentration o( development, the location of septic and rainwater management solutions.
Site Access
Access to the site is limited to one location at the south-east comer of the sile to reduce the potential impact of congestion created by right turn traffic onto and from the Trans Canada Highway.
Figure 3: CJcneral Site Planning 1 of 6 ITEM 3.2.2 MUNICIPALITY OF NOfttl COWICHAN
Stream Protection Should Council support (he site landscaping components, and building components used to address form and character of the building and should Council support a parking variance, the Applicant prior to issuing a Development Permit, will resubmit the landscaping of the portion of the site impacted by stream protection and by rainwater management control. Since the site has a number of challenges, if the proposed form and character and parking variance are unacceptable the septic and rainwater management would need to be rethought in conjunction with the building location and design therefore affecting the site landscaping.
Site Engineering
Should Council support Ihe site landscaping components, and building components used to address form and character of the building and should Council support a parking variance, Ihe Applicant will work with our engineering deparlment on the details of the rainwater management syslem, septic, road configuration and dedication and site entrance details at time of building permit.
Building Design
Home Hardware
The applicant's main tenant is Home Hardware (HH) wilh a corporate image that does not conform to the community design guidelines as established by the Official Community Plan in that there is little articulation except at the main entrance, the garden centre and some smaller elements along the rear. The other challenge is the prominence of the red band around the HH portion of the building. The HH is located on the most prominent part of ihe site.
To address this challenge the applicant has attempted to be strategic with their landscaping and have provided somB additional architectural elements to compensate: these include the garden centre on the south fagade, timber detailing at the main entrance, the provision of a sloped roof over the main entrance that carries over the flat roof portion of the building and a trellis that wraps around Ihe front (west) facade through the south facade and to Ihe rear of the building stopping at the garbage containers. Landscaping elements include trees, shrubs, and a rail fence. In addilion, a pylon sign that fits Ihe architectural design by incorporating timber and a rock base reflecting the balance of Ihe site could potentially improve the site expression (see signage expectations below and rendering figure 4.)
4: ,:!■ uj Home Hardware portion of site 2 of 6 MUNICIPALITY OF COWICHAN
The HH contains approximately 925 m2 (10,000 s.f.) of floor space plus 161 m2 (1,730 s.f.) of warehouse space and has the corporate image of a big box store. Deliveries are made to the rear (east side) of the building by way of semi-trucks; the size of these vehicles and their movement characteristics impacts the organization of the site.
Smaller stand-alone buHding
Trass C.trvti H'nhay
Figure 5: Proposed Site Plan
Balance of Buildinq(s) The applicant has considered the design guidelines with respect to the architectural design of the balance of the main building and of the other smaller stand-alone building on the site. These buildings meet the expectations of the guidelines with respect to form and character with the inclusion of sloped roof, timber and rock face elements. The applicant supports the idea of providing a second storey over a portion of the building with the thought that it might make good office space (alternatively, the space might provide for a couple of residential dwelling units.) The stand-alone building is expected to contain a drive-in business (restaurant) and is of similar architecture as the balance of the main building.
3 of 6 MUNICIPALITY OF COWICHAN
Figure 5: Balance of mate building
Signage
The applicant has agreed lo developing a site signage plan. As per Ihe Signage Bylaw each sign cannot be installed wilhoul having been approved by the municipality.
For Ihis project the localion and nature of signage should be coordinated with the overall design and should address the Following goals.
D Since the project is located on the highway, a site pylon sign is appropriate, should contain the projeci name and address, and by way of logos and/or letters indicate the name of the businesses that are located on site.
o The applicant is aware of the OCP goal of reducing the impact of glare and will be working with his tenants to discourage backlit Iluorescent signs and floodlighting signs from below; instead they will consider cut-out letters with a translucent cover in an opaque material backlit with Light Emitting Diodes or consider lighting from above with lutl cutoff lighting fixtures. Generally this kind of lighting is energy efficient and reduces operating costs.
o A pylon sign is visually prominent, as noted in the rendering will have an architectural presence that reflects the overall development, and its rural context. The materials will be indigenous with, for example, a heavy stone base and/or framed with heavy limber.
o Pykm signs should have decorative and scale-appropriate landscaping around Ihe base as shown in the architectural rendering.
D The applicant has indicated that the signage located on the buildings will be coordinated wilh the design of the building and site in terms of localion, scale, materials, finishes and colours. This signage shall be in keeping with the scale of Ihe building by no! detracting from the architecture while being visibly interesting and attractive. Building signage will not be mounted above the main floor or above the building eaveline.
□ Visually interesting and attractive signage that provides essenlial information about the name and general nature of the business while not competing in an inappropriate way with other on- site signage can have a positive impact on the development and its economic success - too many or too big signs simply compete for attention and cancel each other out. The applicant is
4 of 6 MUNICIPALITY OF COWICHAN aware of this and anticipates permitting one sign per business to be mounted over or near the main customer business entrance. One additional letter sign or logo containing the business name may be mounted on a facade visible from a public road if the business occupies a corner of the building.
Site Lighting
The District of North Cowichan continues to move toward a more energy efficient community. In addition, it wishes to respect the rural nature of much of the district. To do so requires sensitive yet appropriate night time site area and building lighting. To achieve this goal the applicant is planning "full cut-off lighting fixtures. To ensure that lighting produced on the site is not visibly glaring to its neighbours and does not trespass beyond its property, lines is part of the goal.
Conclusion on Form and Character The applicant has introduced a number of strategies as outlined above to address the components of the building that are inconsistent with the Official Community Plan. Staff supports what has been proposed.
Regulations The buildings comply with the Zoning Bylaw with the exception of parking.
Parking Variance
Requirements:
Balancing the number of parking with the uses on this site is important since it could impact on-site circulation and congestion and potentially how the highway is accessed.
The District does not have a set of parking requirements specifically for Drive-In Businesses; however, we do have requirements for restaurants and our definition of restaurant includes the phrase with respect to the purchase of food "to be taken to another location for consumption". Some municipalities have a requirement for stack-up stalls, a number of parking stalls per drive-up windows, and an expectation for parking per seating area inside the building. The applicant has not secured a
5 of 6 MUNICIPALITY OF COWICHAN tenant for the proposed stand-alone building. Should a drive-in restaurant locate on site the stacking driveway can accommodate a minimum of 5 automobiles and, based on research, this suggests that one drive-up window could be supported considering the overall parking variance. Assuming that 60% of the stand alone building area will be used for food production, office and storage 91.1 m2 of space is left for seating area. The building code allows 0.95 m2 space per person when table with seating exists so this number was used in the calculation of parking requirements.
Instead of office space the applicant could consider residential units reducing the parking requirement by 2. Staff would support the dwelling unit use since is could potentially provide rental housing that in turn might support the local business.
Depending on the type of business parking requirements can be more or less intense. For example, the patrons of the Home Hardware will likely be on site on a short term basis; in other words, parking turnover should be high with respect to this component of the site. The biggest challenge with respect to having sufficient parking will be the restaurant that chooses to locate at this site. The other concern is the possibility that the other CRUs may also contain eating establishments in which case the parking will be even more deficient.
Some parking management on site should occur. For the facility to operate smoothly some specifically marked parking for each tenant is likely appropriate while the rest is considered joint parking, and staff parking is strategically located and limited to encourage car pooling and cycling.
Recommendation That Technical Planning Committee recommend to Council that consideration be given to the provision of a parking variance of up to 27 stalls for Chemainus Gateway Plaza (Commercial) Lot 1, Section 15, Range 3, Chemainus District, Plan 31442 (River Road).
6 of 6 MUNICIPALITY OF COWICHAN Report
Date: December 9,2008 Fife Number: 3360.20 08.14
To: Technical Planning Committee Folio Number: 5005.005
From: Audrey Rogers, Planner Endorsed By:
Subject: Rezoning a portion of Section 3, Range 1, Somenos District, Portion W 40 acres (PID 009-751-998) from Industrial Heavy Zone (12) to Commercial Rural Recreation Zone (C8
Applicant: Vancouver Island Karling Association
Purpose
To consider rezoning a portion (see figure 2) of the above subject property to accommodate the development of a Go-Karting facility.
Background
The property is owned by the District of North Cowichan and is currently zoned 12. The property is not located in the Agricultural Land Reserve (ALR).
The property is located at the west end of the District of North Cowichan on Highway 18.
The property consists of approximately 18.672 hectares (46.138 acres). The Vancouver Island Karling Association (VIKA) is proposing to purchase and develop approximately 6.07 hectares (15 acres) for a facility for competitive go-kart racing. Figure 1: Sftbjeti Property, zoned 12, subject hi
The 12 zone does not permit this use and a rezoning is required to accommodate Subject the Property Should Council approve the rezoning Ihe parcel win be subdivided into a number of lots thai may be sold or leased, creating one parcel to meet the needs of the VIKA.
Discussion
The Vancouver Island Karting Association has been looking for a site to establish a permanent go-kart track facility in the Cowichan Valley.
_■._-
- .
Figure 2: Portion subject to rezontag
i of 4 ITEM 3.2.3 MUNICIPALITY OF COWICHAN While zoned for Heavy Industrial the property has been managed for forestry by the District of North Cowichan.
The property to the north is also zoned industrial, is owned by Island Timberlands and is used for forestry. To the east is a truck depot and to the west the lands are within the CVRD and are part of the Province's demonstration forest. The lands to the south are Rural (A2) and Rural Restricted (A3) containing rural residential/agricultural uses.
VIKA had a Land Development Plan prepared by Rob Conway, a consulting planner-this plan is attached as Schedule A. In addition, the applicant has provided a rationale and assessment of potential concerns that may be raised by the public. This document is attached as schedule B. In addition, VIKA has submitted two photos of existing facilities for Figure 3: Facility Layout Concept Plan information. Should rezoning be approved prior to construction a development permit is required. The Development Permit will be expected to deal more specifically with buffers, and landscaping.
Site Plan The following is a summary of the VIKA submitted report:
Site Plan
Paved track 8 metres wide and approximately 1,100 metres long with grassed Infield and outfield runoff areas Berms of approximately 10 feet high around the perimeter of the property Inside a buffer of existing trees Kart paddock area or pit spaces for competitors Scoring tower, washrooms, storage, a well, septic field, and concessions Spectator grandstands near the start finish line and in the adjacent top corners Competitor and spectator parking The balance of the property will be green space and camping which will be planted with trees and shrubs for shade and sound mitigation. The perimeter of the property will be fenced on top of the berms and planted with shrubs and trees inside the fence to provide a sound barrier and security The entrance will be gated.
2 of 4 MUNICIPALITY OF A/O/t/? COWICHAN Management of the Facility Vancouver Island Karting Association was incorporated as a society in September 1971. It is a founding member ofBC Kart Club Association and is also a member ofASN Canada FIA which is the governing body for motor racing in Canada. VIKA Is administered by the executive and the membership Is derived from the whole of Vancouver Island; the membership Is drawn from a wide range of occupational backgrounds, from trades, small business owners, and professionals, with many skills. The Club is a not for profit entity and is totally volunteer driven.
Operation of the Facility The main user of the facility will be the Kart Club. Traditionally, the race program would consist of 2 practice weekends, 10 race weekends, and one regional race per year. In addition, individual members would be able to rent the track for a day and driving schools for members would be offered at the beginning of the season. The season was traditionally mid-March to mid-October. Race weekends are 2 day events starting at 9 am and finishing around 5 pm. The racing Is In daylight hours only. This proposed site for the Kart track will enable the Club to expand its traditional program to include some of the following: - A program with the elementary and high schools In the Valley - A program of concession karts available to pre-booked groups More access for the membership to practice time during the week and the off season. - Contemplation of a winter series, a one day event, perhaps of an endurance nature rather than sprint racing. - Although the facility would be available for rent to groups with compatible uses such as mini bikes or to completely non-motorized uses such as dog shows or dog trials, archery events, etc. Safety and Secultv The Club Is governed by National, Provincial, and Club rules First aid Is mandatory at each event; racing or practice and cannot start without first aid personnel being there. Each event Is covered by liability insurance and signing a waiver of liability is mandatory.
Fencing Is required around the track to prevent spectators and animals from accessing the track during a race. The track design must be approved by the ASN Canada FIA and there are strict standards that must be incorporated to ensure the safety of all participants, including those outlined above. A number of fire safety measures are also required.
Noise Assessment BC Kart Club Association Rules state that kart engines cannot exceed 82 decibels measured one metre from the ground and 30 metres perpendicular to the rear axle. These are the most stringent decibel ratings used for karting In Canada. Each kart is equipped with a muffler and many have additional silencers. If a kart does not register at 82 decibels or lower, it is not allowed on the track. The newer generation of kart engines are quieter than ever before.
The design of the track has a major effect on the disbursement of sound. The noise abatement features include a buffer of trees surrounding the property. Berms will be constructed inside the tree buffer and will be fenced and planted with additional trees and shrubs. This means of reducing sound has been very effective at the CARTBC kart track at Chiiliwack where the karts running on the track are barely audible from the far side of the berms.
No specific sound testing Is possible at the site until it is cleared but the Club does have information available from sound testing at the previously proposed site at Shawnigan Lake where it was found that karts and motocross bikes running on the former log sort did not register on the decibel meter at the edge of the property which is no more than a quarter mile away from the log sort. This property Is not heavily treed.
Quesnel and Chiiliwack where the kart tracks are situated far closer to residences than this proposed site have stated that complaints regarding noise were minimal and diminished with the length of time the tracks were in operation.
3 of 4 MUNICIPALITY OF COWICHAN
Options VIKA has outlined a number of ways to address a variety of concerns that neighbouring property owners may have. Covenants to restrict hours of operation, and to ensure that noise levels do not exceed those suggested in their summary that also apply to other facility users will hopefully make the operation more compatible with the rural residential properties to the south and any future development of the area to less intense uses.
1. Technical Planning Committee could request more information
If upon review of the above summary from VIKA and the full reports attached as Schedules A and B to this report TPC finds that additional information is required they may make such a request. 2. Technical Planning Committee could send the request for rezoning through to Council
Recommendation That Technical Planning Committee recommend to Council that consideration be given to requesting staff to draft a bylaw to rezone a portion of Section 3, Range 1, Somenos District, Portion W 40 acres (PID 009-751-998) from Industrial Heavy Zone (12) to Commercial Rural Recreation Zone (C8.) subject to the registration of restrictive 219 covenants on title that would control noise levels and hours of operation.
4 of 4 Vancouver Island Karting Association
Land Development Plan
Prepared by:
Rob Conway Land Planning Services
January, 2008 »■.
A 3Jli 03100
Table of Contents
1.0 Introduction
2.0 Site Description 2.1 Property Location 2.2 Property Description 2.3 Land Use Context
3.0 Land Uses Options 3.1 Current Zoning 3.2 Kart Track Zoning 3.3 Alternative Uses
4.0 Subdivision and Development Concepts 4.1 Road Network 4.2 Heavy Industrial Subdivision Layout 4.3 Combined Heavy Industrial and Kart Track Subdivision Layout 4.4 Phased Subdivision 4.5 Preliminary Kart Track Site Plan
5.0 Subdivision and Land Development Issues 5.1 Site Survey 5.2 Highway Access 5.3 Environmental Assessment 5.4 Site Services 5.5 Wildfire Interface
6.0 Development Approvals 6.1 Official Community Plan and Zoning Bylaw Amendment 6.2 Subdivision 6.3 Development Permits
7.0 Summary
Appendix A -12 Zoning Appendix B-C8 Zoning
Pagei 1.0 Introduction
The Vancouver Island Karting Association is seeking a permanent location to , ■ ■ develop a kart track facility In the Cowjchan Valley, The Association hgs ,.... . approached the District of North Cpvvichan about purchasing a portion of a 46 , acre property on the southern slope of Mount Prevost that is owned by the . District. Prior to considering the request, the Qistrict has asked that a Land Development Plan be prepared to demonstrate where the kart track facility could, be located arid how the remainder of l^ie site rriay be utilized.
The subject property has a number of features that suggest it is well suited for a ; kart track facility. The property has excellent access onto an arterial highway at : a location that is central to the Cipwlchan Valley. It Is also In an industrially-zoned .;'■ area where some noise and other potential nuisances are to be expected, the '■' surrounding area Is relatively rurai and undeveloped, with few residential ' neighbours. The site itself moderately sloped, and could be developed relatively easily for a kart track. ; .
This Land Development Plan Is intended as a preliminary planning document that can guide the future development of the property. The Plan Is intended to identify issues that will need to be addressed.In order to develop it, and to propose some preliminary design concept, to describe how the requirements of the Karting Association can be accommodated while still maintaining the potential to develop the remainder of the property for other users.
This Land Development Plan has the following objectives:
1. To identify a site on the subject property that is suitable for a karting facility and which meets the requirements of the Vancouver Island Karting Association...... ,.:- 2. To prepare a preliminary subdivision.plan for the subject property. ;: 3. To prepare a concept pfan for the proposed karting facility. ^ ; 4. To identify issues associated with the subdivision and development of the subject property. : 5. To outline the anticipated process for land use and development approval..
.Page 2 2.0 Site Description
■ 2.1^ Property Lticidtlon •;■• ■>?«* -W V; v -,- , The subject property1 is located at the WestGrn boundary of the District of North Cowichan on the north side of HigKway 18. The property is accessed from a small road dedication that is directly opposite Mlna Drive!
Figure 1'■- Location and Zonlnp Plan
2:2 Property Description *■.■...•" The property was last logged in 1983 and was mostly replanted in 1990. The site is now mostly forested with maturing second growth trees and under-storey brush. There are informal trails on the property that appear to be used by hikers and equestrians. Overgrown logging roads and what appears to be a former railway bed are also evident on the property. Until recently, the property was within the District of North Cowichan's Municipal Forest Reserve and is presently used by the District as managed forest.
The property slopes moderately towards the north, with grades that range between about 5% and 10%. Some seasonal drainage courses can be seen at
1 West 40 acres of Section 3, Range 1, Somenos District Page 3 >:•. '*■:.■ ■•■■;■ • irier of thep.r'pperty, but there are nbt any obvious creeks or: i
■'■■!\4-{^'"^Vi'.'••■.•'"••'•".'•'■■ •.•'■'•V''. •/;• . .''','■' '''.''I •'. '; ■•"'
Although the legal descrlptlbn of the'property describes it as being 40 acres, the property Is approximately 46 9dres( 18.65 ha.) in area. -
Mthbug^the subject prpperty Is presently gsed as managed forest, it Is zoned for ' HQ0vy Industriafuse 02). A copy of the 12 zoning, Induding a list permitted uses is pfovld^d in Appendix A of this report
v jriiusfrla! (12); the^ pr^per^^thehpn^^bWned by Island Tlmberlands and is - used for forestry. L£nds to the east are used for a truck depot arid repair facility, pole and piling manufacture and other industrial uses. Property to south has a re^idehtiaj'^|dHiiieilfi]Q'ia^tacl' 6rf*l|i- fi»4 iji 'slso.'ixflfi0d;fi6r Indurtrial uto. Lands to ' the e^8t are within the Cowichan Valley Regional District and are part of the Prpyirice's demonstration forest Agricultural and rural residential land uses are ^ Jolted on the isouth side of Highv^y 18; ! > :
.: ..-•'. "i.t'". ' Page 4 3.0 Land Use Options
3;1 Current Zoning : .: ; = ; :? , The current I-2 zoning allows the subject property to be used for a variety of light and heavy industrial uses. Uses permitted on the property include those identified in the Industrial Ught (11) zone and the Industrial Heavy (12) Zone. The following is a list of uses that are presently permitted on the property.
The I-2 zone has a minimum lot size of 1.6 ha. (3.95 ac), and a minimum lot frontage requirement of 90 metres. Setbacks for structures in'the 12 zone are:
Setback from Highway 18 46.Qm;(15Q.9l); Front Yard Setback ':;. 8.0 m. (26.2$) Setback from any other abutting zone ■:•; h 46.0 m. (150.9')
Page.% > As the site abuts 12 zone property on the north, east and south.boundaries, the only setbacks that apply are a 46 metre setback from the forestry lands to the west. An 8 metres front yard setback would also apply from any new road constructed op the site. ;. ,... ( ..
3.2 KartTrack Zoning ,..'..": ,7- the 12 Zone does riot permit recreational facilities, race tracks or other uses that would allow a kart track to be developed on the subject property. A zoning bylaw amendment would therefore be necessary in order to develop the property for the Intended use. ''''.'.
A zoning amendment to allow for a kart track facility on the subject property could be accomplished by amending the current zoning to Include the proposed use, applying the District's Commercial Rural Recreation Zone (C8) or creating a site- specific zone for the property. The preferred zoning approach would be determined through the rezonlng process.
3.3 Alternative Uses^ ; ;• Although the current 12 zone permits a wide range of industrial uses, there may be uses suited to the property that are presently not permitted. Such uses could be considered through a zoning amendment process. A zoning amendment or restrictive covenant could also exclude uses that are presently permitted in the 12 that may be deemed to be inappropriate for the property (e.g. auto wrecking, bulk fuel storage, commercial composting).
. A zoning amendment could also be used to consider smaller lot sizes for the subject property. The 12 zone has a minimum lot size of 1.6 hectares (3.95 acres). A smaller lot size may allow more efficient use of the land, particularly If the property could be serviced with Municipal water or a common water system that would allow more intensive use of the property.
4.0 Subdivision Concepts
4.1 Road Network Access to the site Is largely predetermined, with an existing road access dedication on Highway 18 and an opportunity for a future road connection to Drinkwater Road, Utilizing this existing access location, a schematic road layout for the subject property has been determined based on the following criteria:
• North Cowichan's road standard specifications • A future connection to Drinkwater Road • Access to adjacent lands
The proposed road network shown on Schedule 2 and 3 provides access to the subject property from the road dedication at the Highway 18, opposite Mina Drive. It is expected that the road would initially be extended from Highway 18 to
Page .6 either the north boundary of the subject property or to a temporary turnarouhd south of the northern property boundary. The extension of the road through to Drinkwater Road would likely occur if the Island f irnberlands property to the north develops. Drinkwater Road is presently constructed to the entrance to the Bings Creek Waste Disposal Facility, with a small piece of unconstructed road dedication west of the Bings Creek facility. Completion of the Drinkwater Road extension will require a crossing over Bings Creek.
The proposed road extension anticipates, a 20 metre right-of-way, which is the , District's standard for an industrial road. The road is expected to be constructed in accordance with specification R6, which includes a paved width of 8 metres, 1.8 metre gravel shoulders and open ditches.
ROAD
ft. '
4.2 Heavy Industrial Subdivision Plan Based on the minimum lot area arid frontage requirements of the 12, approximately 8 lots could be created from the subject parcel. Schedule 2 illustrates how the property could be subdivided in order to maximize lot yield. However, since land requirements for Industrial users can vary and values for industrial land are typically determined on a per-hectare basis rather than per-lot, maximizing lot yield does not necessarily make the most efficient use of industrial land. The lot sizes shown on Schedule 2 are larger than the minimum sizes specified by the 12 zone due to frontage constraints. If additional road Is constructed an additional one or two lots may be possible. COWICHAN VAaEY HIGHWAY
500m 100m 200m 300m 400m Schedule 2 - 12 Subdivision Layout 4.3 Combined 12 and Kart Track Subdivision Plan The Karting Association requires approximately 6 hectares (15 ac.) of land for a kart track and associated facilities. The north east corner of the subject property has been Identified as the preferred location for the kart track facility. The proposed lot (Lot 1) is shown on Schedule 3. The advantages of the proposed location are:
• The track is would be a minimum of 200 metres from the closest non- industrially zoned property. • The proposed lot is where the most mature second growth forest on the property is located. Clearing of this portion of the site could allow timber values to be realized with the option of leaving timber on other parts of the site to be harvested at a later date. • The proposed lot could be created without necessarily extending the roadway to the north property boundary.
The suggested layout shown on Schedule 3 would create a 2.9 ha (7.2 ac.) lot directly south of the proposed Kart Track lot and a remainder lot on the west side of the access road of approximately 8.8 ha. (21.7 ac). The remainder lot could be subdivided into four lots based on existing zoning criteria and the proposed road configuration.
4.4 Phased Subdivision The proposed subdivision layouts shown on Schedules 2 and 3 could allow phasing of the subdivision works.
As the extension of the access road from Highway 18 will not likely occur until lands to the north develop, It has been assumed that the primary access to the site would initially only be from Highway 18. In the longer-term, it is anticipated the new road would be extended eastward to connect with Drinkwater Road. A temporary turn-around is therefore proposed in the initial phase of construction. The temporary turn-around shown on Schedules 2 and 3 has been placed In a location that would allow access to the proposed lots. The future extension of the road through the subject property could be secured by either locating the turnaround at the northern property boundary, or dedicating the road allowance beyond the proposed turn-around at the time of subdivision and securing the future construction of the road with a bond or by other means. The extent of road works and security requirements would be determined at the time of subdivision.
The District may wish to subdivide the property in two phases. If a new lot is created for the Karting Association as show on Schedule 3, two lots would be created on the east side of the new road. Lands on the west side of the new road could either be maintained as a single parcel or subdivided for up to four lots. As there is maturing timber on much of this area, the District may wish to hold this parcel until the timber can be economically harvested. The District may also wish to defer subdivision of this part of the property so that the lot sizes and
Page 8 Lot! (Kart Track)
6.1 ha. (15.0 ac.)
Lot2 2.9 ha. (7.2 ac.)
KJOw 200 m 300 m 40dm Schedule 3> Kart Track and 12 Subdivisioir liayoirt protection measures need to be incorporated into the development plans for the site. The District may also wish to undertake an ecological assessment of the v site prior to development to determine if there are any environmentally, sensitive; areas or other ecological features oh the property. ■■■•.
5.4 Site Services ... , f v v ; The subject property is not serviced with Municipal water or sewer and it Is hot * likely that Municipal services will be available in the area in the foreseeable: / future. On-site services will therefore be necessary to accommodate subdivision or development of the property. Individual sewage disposal systems and wells ; are the most likely way the proposed lots would be serviced. A common water. and sewage treatment system may be possible, but are generally discouraged where individual systems are feasible. .
If the lots are to be service with individual sewage disposal systems, each lot will require confirmed sewage treatment sites that are approved by the Health Inspector prior to subdivision. As industrial uses typically do not generate, large sewage flow and the proposed lots are relatively large, it is likely that adequate sewage disposal sites can be Identified for each of the proposed jots.
Where Municipal water is not available, the District's Subdivision Control Bylaw requires that wells be installed on lots less than 4.0 hectares (9.9 ac.) prior to subdivision approval. Minimum requirements for well water quality and quantity are also specified in the Bylaw. Although well water will'likely be sufficient to , accommodate basic water requirements for washrooms and domestic use, a well water source likely will not provide adequate supply for fire fighting purposes.. This could be a constraint for some uses and classes of building that require' water supply and flow rates that can support hydrants, sprinklers or other fire . protection and suppression works. / .. .-..'■;
Storm water from the site should be managed through detention, retention, infiltration and other storm water management measures. Basic provisions for managing storm water will be addressed with the subdivision approval. Specific measures for protecting water quality and managing storm water will likely be deferred to the development permit and building permit review and when , development plans for the proposed lots are available.
5.5 Wildfire Interface As the subject property abuts forestry land on the West boundary, protection ■ measures to minimize wildfire risk should be incorporated Into the development plan. A10 metre fire break along the West property boundary, and other measures recommended in North Cbvrfchari's Gommuhity Wildfire Protection Plan will likely be required as conditions of subdivision. Additional measures that could be employed to reduce y^ldfjre Hs,k ah$ use qf riph-cbmbustlble: . • building materials and storing potehtiaHy flarrimable materials away from the ■■ forest interface boundary.
Page 10 6.0: Development Approvals
6. i Official Community Plan and Zoning Bylaw Amendment ... As the subject property Is presently designated Industrial in the District's Official Community Plan, and karting and similar uses are not permitted by the current 12 Zoning, an OCP and Zoning Bylaw amendment will be necessary before a kart track facility can be developed. The OCP amendment and rezonlng process would allow the public an opportunity to comment on the application. In order for Cbiihdi and thepublic to consider the proposal, detailed information about the proposal should be provided. The following Information Is recommended for the applications:
• A detailed site plan showing where the kart track facility and associated uses would be located (similar to Schedule 4, with more detail added) V A written description regarding the operation and management of the facility. This could include Information about Hours of operation, anticipated events schedules, expected user groups, safety policies and procedures and security measures. • A noise impact assessment that would evaluate potential Impacts on adjacent residents and recommend measures such as berms and other works that may attenuate noise from the facility.
The bylaw amendment process is expected to take between six months and one year. Although the bylaw amendments could proceed prior to the subdivision of the property, It may be difficult to accurately determine the area of the site to be rezori'ed before a subdivision layout approval Is granted. This Issue could be largely addressed by having the preliminary subdivision application and bylaw amendment applications proceed concurrently, so that the subdivision layout can be determined prior to the preparation of the amendment bylaws.
6.2 Subdivision Subdivision of the land is necessary in order for the District of North Cowichan to sell or lease part of the property to the Karting Association or other interested parties. As trie owner of the land, the District would be responsible for constructing road access arid resolving other Issues associated with the subdivision of the property. The subdivision could proceed independent of the bylaw amendment applications. However, as the subdivision would create a lot specifically for the Karting Association, and the Association likely will not wish to purchase the jot if the application Is unsuccessful, the District may wish to defer completion of the subdivision until the bylaw amendment application is resolved and a purchase agreement Is completed. It Is, however, recommended that Preliminary Layout Approval for the subdivision be obtained as early as possible to confirm subdivision requirements. As some of the information required for the subdivision application will also be relevant to the bylaw amendment process,, ideally some or all of the subdivision issues Identified In Section 5 of this report would be addressed prior to submission of the bylaw amendment applications.
Page 11 6.3 Development Permits ^ , North Cowichan's Official Community Plan designates all industrially zoned land as a form and character development permit area- Development within . designated development permit area requires a permit and that that the site layout, building design and landscaping be in accordance with the applicable ; design guidelines. The development permit process allows the District Input into how the subject iand would be developed after It is subdivided, and sold.;
Although the District has a development permit requirement for industrial development, it is not clear if a development permit would be required if the OCP and zoning designation for the proposed kart tra6k lot is changed. Even if the current development permit area applies, the design guidelines for industrial development may not be relevant for the recreational use. The District may wish to consider if site-specific development permit guidelines are should be . implemented with the rezoning, particularly to ensure that noise attention is • considered and addressed with the future development of the site. This may also. help to alleviate potential concerns from local residents should the property be rezoned and sold to the Association.
7.0 Summary . ■-■■■■■■■ : '
The subdivision layout for the subject property is largely determined by the road access to Highway 18 and the future road connection to Drinkwater Road. . . Although the road alignment through the site is largely fixed, lot boundaries Within the proposed subdivision are flexible and can be adjusted to meet the requirements of prospective purchasers. A 6.0 ha (15.0 ac.) lot has been identified north east corner of the site for the Karting Association. The proposed lot can accommodate facilities the Association intends to develop and would allow the remainder of the property to be subdivided into approximately five • additional lots.
In order to confirm subdivision requirements, additional design and assessment work will be necessary. A survey, road and Intersection design, an environmental assessment and investigation to confirm site services are expected. Highway Intersection improvements and road construction as well as other works will be necessary to complete the subdivision. Some of the subdivision works may be phased.
An OCP and Zoning Bylaw amendment will be required in order to develop the karting facility. The bylaw amendment process will require public consultation. Detailed information about the proposal is recommended so that the public and Council can have a good understanding of the proposal. The timing of the subdivision and bylaw amendment applications should be coordinated to ; facilitate the development of the property arid to comply with the objectives and constraints of both the Karting Association atid the District of North Cowichan.
Page 12 ?■ INDIISTRIAL HEAVY ZONE (IJJ)
■ Permitted Uses - .
/ 77. ';' (1) The permitted uses for the 12 zone are as follows: . ; ■■•■..... Ail In(}ustrial,UghtZdne.ai)Pcnnitted Uses , '■' . ''. ^^MWkiSlyd^top^MeWreckingorSalvag.yR,. . ., . •;."..■' Bulk Storage of Flanunable and Conibiisti6le Liquids Boat Terminals and Dock •. !;' °'"'' ' ' blwm ' Commercial Composting ■.; Helicopter Landing Pad -, « . . ■ BtMoo , Municipal/Regional Government Offices , Pier, Wharf, and Related Facility Priwte Airplane Landing Strip • •, . • ■■-■.'" '•■"'" . Railway Yard'.. . • ■ . ..y. ■.;.■; . • ■••-•.- ..' • •'"'■•. ■ Sawmills,Pulpmills,andPlanitigMills.•. ■
TeinporaiyTraUer (subject to 'T'einp^rary.Trailer Permit Bylaw 1976", No, 1685) •-. :". ;.•■•-.;' WoiksYard '■..'.„ ■.;.. .■ • • ......
Minimum Lot Sin . v
(2) - The minimum permitted lot size for the 12 zone is 16,000 in1 (3.95 acres).'•
Minimum Frontage
(3) The minimum permitted frontage for the 12 zone is 90 m (295.271).
Maximum Lot Coverage
(4) ■ .The maximum permitted lot coverage for the 12 zone is 50% of the lot area. . .
Minimum Setbacks
(5) The minimum permitted setbacksifor the 12 zone are as follows:
(a); Principal Buildings
Yard, Front ...... ;...... 8,0 m (26.251); 46 m (150.911) when abutting any Other Zone Yard, Side Onn 46 m (150.91*) when abutting any Other Zone Yard, Rear...... J.;...... :.... 0 m; 46 m (150.91*) when abutting any Other Zone
(b) Accessory Buildings and Structures (Excluding Fences)
Yard, Front 8.0 m(26.25I); 46m (150.91*) when abutting any Other Zone Yard, Side . 0m; 46 m{\SQ.91{) when abutting any Other Zone Yard, Rear 0 nv, 46 m (150.911) when abutting any Other Zone
(c) Despite the foregoing, the minimum permitted setback for any Lot Line which abuts an Arterial Highway is 18^(59.05*).
(d) Slaughterhouses
YanLFront ' 92m(301.841) YanLSide '. 92m(301.84") Yard,Rear...... :. 92m(301.84t)
Page70of82
Appendix A -12 Zone COMMERCIAL RURAL RECREATION ZONE (C8)
Permitted Uses
74. (1) The permitted uses for the C8 zone are as follows:
Accessory Dwelling Unit Amusement Park Archery Range Drive-in Theatre Microsloth Aircraft and Glider Landing Strips Racetrack Recreational Facility Shooting Range
Minimum Lot Size
(2) The minimum permitted lot size for the C8 zone is 4 hectares (9.88 acres).
Minimum Frontage
(3) The minimum permitted frontage for the C8 zone is 150 m (492.131).
Maximum Lot Coverage
(4) Hie maximum permitted lot coverage for the C8 zone is 30% of the lot area.
Maximum Floor Space Ratio of All Buildings and Structures
(5) The maximum permitted floor space ratio for the C8 zone is 05; 1.
Minimum Setbacks
(6) The minimum permitted setbacks for the C8 zone are as follows:
(a) Principal Buildings
Yard. Front 30 m (98.43") Yard, Side 30m(98.43I) Yard! Rear 30ra(98.43")
(b) Accessory Buildings and Structures (Excluding Fences)
Yard,Front 8.Om(26.250 Yard,Side l°m< £12 Yard,Rear.... 54m(16*)
Maximum Building Height
(7) The maximum permitted building heights for the C8 zone are as follows:
(a) Principal Building 12.0 m (39.37")
(b) Accessory Building 12.0 m (39.37")
Page 66 of 82
Appendix B - C8 Zone Appendix B - C8 Zone boundaries can be created to the specifications and requirements of the future occupants.
4.5 Preliminary Kart Track Design The Karting Association has prepared a preliminary track layout and site design for proposed Lot 1. Schedule 4 shows how the kart track would likely fit on the property and where accessory uses such as parking, spectator seating and camping areas would likely be located,
5.0 Subdivision and Land Development Issues
In order to subdivide and develop the property, a number of Issues and technical requirements of development approval will need to be addressed. The following issues are expected to require Investigation and resolution prior to subdivision approval.
5.1 Site Survey . A legal survey of the property is recommended to confirm property boundaries. Accurate topographical Information (1 or 2 metre contours) and a survey of the centre line of the proposed road Is also recommended to confirm the road alignment and to assist with site planning.
5.2 Highway Access As the primary access to the site will be from Highway 18, the Ministry of Transportation will need to review and approve the Intersection design. Ministry approval will also be required for any zoning change on the subject property.
It is anticipated that improvements will be required at Highway 18 to accommodate the new road and intersection. Although both east and west sight distances at the new road Intersection appear to be excellent, this and other design criteria will need to be confirmed. Possible improvements include a deceleration and acceleration lanes on the west-bound side of the highway and a left turn lane into the new road on the east bound side. Widening will likely be necessary to accommodate the additional lanes. In order to determine intersection improvement requirements, a professional engineer with experience in highway design will need to prepare a design in accordance with Ministry of Transportation specifications and confirm requirements with Ministry officials.
5.3 Environmental Assessment The Cowichan Valley Environmental Planning Atlas does not indicate any streams, wetlands or other watercourses on the subject property. There is, however, a low wet area in the south west corner of the site that may be considered a "stream", as defined by the Riparian Area Regulation and the Water Act. An assessment of the property by Qualified Environmental Professional is recommended to determine the status of the drainage course and whether
Page 9 VANCOUVER ISLAND KARTING ASSOCIATION
LAND DEVELOPMENT PLAN
In the Land Development Plan prepared by Rob Conroy dated January 2008, Part 6.1 outlines the items to be addressed in this report, namely:
a) a detailed site plan showing the location of the kart track facilities on the property b) a description of the operation and management of the facility, and c) a noise impact assessment to evaluate the impact on adjacent residents.
Site Plan
The preliminary site plan attached to Ihe Land Development Plan at Appendix B shows the layout of the track, the paddock area, parking and camping areas. The details are as follows: - Paved track 8 metres wide and approximately 1,100 metres long with grassed infield and outfield runoff areas - approximately 60% of the property - Berms of approximately 10 feet high around the perimeter of the property inside a buffer of existing trees - 5% of the property - Kart paddock area or pit spaces for competitors - 10% - Scoring tower, washrooms, storage and concessions - 2% - Spectator grandstands near the start finish line and in the adjacent top corners - Competitor and spectator parking -10% - The balance of the property will be green space and camping which will be planted with trees and shrubs for shade and sound mitigation.
The services that the track will install from the beginning are a well, septic field and a washroom building. Power is not necessary at the beginning but will be added as soon as it can be afforded. The property will be fenced on top of the berms and planted with shrubs and trees inside the fence to provide a sound barrier and security for the property from people driving vehicles into the track from other than the entrance. The entrance will be gated. There is enough parking space inside the facility that there will be no need for anyone to park on the street. The specifics of the layout may vary slightly once the lay of the land is known. The final track design must also meet the specifications of and be approved by the national sanctioning body, ASN Canada FIA, Canada's national sanctioning authority for motorsport appointed by the Federation International de I'Automobile headquartered in Paris. a 3JUQ3HD51
This proposed site for the kart facility is ideal because it is in an industrial area, there are relatively few residences in the area and it is close to the highway thereby reducing traffic impact in neighbourhoods. It is well protected by trees on adjacent properties on both sides of Highway 18.
Management of the Facility
Vancouver Island Karting Association, referred to hereinafter as VIKA or the Club (formerly Capita) Cily Kart Club) was incorporated as a society in September 1971. It is a founding member of BC Kart Club Association and is also a member of ASN Canada FIA which is the governing body for motor racing in Canada. The Club is administered by the executive which is composed of the following positions and the current holders of the offices:
President Dorothy Alexander North Cowichan First Vice-President Steen Carstensen North Cowichan Second Vice-President Ron Irwin North Cowichan Secretary Sandra Pidcock North Cowichan Treasurer Ruth Hawkes Cowichan Bay Race Director James Wilson Langford
The CJub membership is derived from the whole of Vancouver Island with members from Port Aibemi, Port McNeill, Campbell River, Nanaimo, Victoria, Sooke and of course, the Cowichan Vailey. Club membership is drawn from a wide range of occupational backgrounds, from trades, small business owners, and professionals, with the skills required to ably manage ihis facility. The Club is a not for profit entity and is totally volunteer driven.
Operation of the Facility
The mawi user of the facility will be the Kart Club. Tradrfionalfy. the race program would consist of 2 practice weekends, 10 race weekends, and one regional race per year. In addition, individual members would be able to rent the track for a day and driving schools for members would be offered at the beginning of the season. The season was traditionally mid- March to mid-October. Race weekends are 2 day events starling at 9 am and finishing around 5 pm. The racing is in daylight hours only.
This proposed site for the Kart track will enable the Club to expand its traditional program to include some of the following: - A program with the elementary and high schools in the Valley to offer driver education and programs to build karts in shop classes. We feel that this type of program will have valuable benefits for the students in developing driving skills before they are on the road and will help increase the membership of the Club. - A program of concession karts available to pre-booked groups that will allow the broader community to participate on a fun basis without having to invest in the equipment. - More access for the membership to practice time during the week and the off
season. - The Club is also contemplating offering a winter series, a one day event, perhaps of an endurance nature rather than sprint racing.
Although the facility would be available for rent when not in use by the Club, it would only be available to groups with compatible uses such as mini bikes or to completely non- motorized uses such as dog shows or dog trials, archery events, etc. At all times, a Club representative will be on the grounds to ensure that the rental terms, including safety issues, are complied with.
There are several areas in which safety is a concern. First, there is the issue of competitor safety. The Club is governed by National rules, Provincial rules, and Club rules which cover safety equipment such as helmets, gloves, boots and neck braces, and which cover safety on the track such as the flagging system to communicate with the drivers, radio controlled corners to report and assist drivers to avoid unsafe situations on the track, etc. The safety features of the karts themselves are mandated by these sets of rules and karts undergo a technical inspection prior to going on the track. First aid is mandatory at each event; racing or practice cannot start without first aid personnel being there. Each event is covered by liability insurance and signing a waiver of liability is mandatory.
The track design itself contains features that protect the drivers and spectators. On the track, there are run off areas and barriers between opposite flows of traffic. The major corners are staffed and the corner workers are there to ensure drivers and karts that go off the track reach a safe position until the race is complete and to keep the track free of debris that may cause an accident. Fencing is required around the track to prevent spectators and animals from accessing the track during a race. When the track is declared hot (in action), no one other than the race teams and race officials are allowed on the starting grid. Spectator grandstands are provided so that guests have a safe and comfortable viewpoint from which to enjoy the races. The track design must also be approved by the ASN Canada FIA and there are strict standards that must be incorporated to ensure the safety of all participants, including those outlined above In past public hearings regarding the karting program, concerns have been raised about fire and explosions from gas. In the paddock area, each pit is required to have a fire extinguisher, as do the corner workers. Absorption material is always available in the paddock area to soak up minor spills of oil or gas. No open flames are allowed in the pit spaces. There is no central location from which members buy their gas. Each driver brings his own fuel in a proper gas can and uses generally no more than 10 litres per weekend. In the eleven years I have been involved in the sport, I have not heard of a fire in the paddock area or on the track as a result of an accident. The risk of fire spreading to forestry land, as a result of karting, is further minimized by the fact that the paddock, camping and parking areas are set back more than 10 metres from vegetation.
Above all, karting is a family sport and because all participants are aware of the risks involved, everyone looks after each other. Because the Club will own the facility, each member takes pride in maintaining a clean and safe environment to do what they love best - racingl
Security
The facility will be bermed within a treed perimeter and will be fenced on top of the berm and ditched as well if this is necessary to prevent vehicles accessing the property except at the entrance gate. At the top of the track where the pre-grid, the hot pit, and front straight are located, fencing will be installed to prevent unauthorized people and animals from accessing these areas when the track Is active. The entrance will be gated and manned during an event to ensure that spectators are given correct directions for parking and seating and given the basic rules of conduct for the event. During weekend events, many of the racers camp at the track, which provides security through the night. The site will also be monitored by webcam. When buildings are in place on the site, they will be alarmed.
Noise Assessment
BC Kart Club Association Rules state that kart engines cannot exceed 82 decibels measured one metre from the ground and 30 metres perpendicular to the rear axle. These are the most stringent decibel ratings used for karting in Canada. Each kart is equipped with a muffler and many have additional silencers. If a kart does not register at 82 decibels or lower, it is not allowed on the track.. The newer generation of kart engines are quieter than ever before. The design of the track has a major effect on the disbursement of sound. The noise abatement features include a buffer of trees surrounding the property. Berms will be constructed inside the tree buffer and will be fenced and planted with additional trees and shrubs. This means of reducing sound has been very effective at the CARTBC kart track at Chilliwack where the karts running on the track are barely audible from the far side of the berms.
The situation of the proposed track on the entire property, in the north east corner, is adjacent to industrial uses and there is a 2.3 hectare buffer of trees between the end of the property and Highway 18. In addition there is a wide buffer of trees on the south side between Highway 18 and residences on Mina Crescent and Sahtlam Road. There are very few residences in the area that may be impacted by sound from the track. As the subdivision proceeds, the 2.3 hectare lot between the track and the highway will likely have buildings on it that will further deflect the sound. The use of the adjoining properties will remain industrial.
No specific sound testing is possible at the site until it is cleared but the Club does have information available from sound testing at the previously proposed site at Shawnigan Lake where it was found that karts and motocross bikes running on the former log sort did not register on the decibel meter at the edge of the property which is no more than a quarter mile away from the log sort. The property is not heavily treed.
The North Cowichan Parks and Recreation Commission has communicated with the city administrations in both Quesnel and Chilliwack where the kart tracks are situated far closer to residences than this proposed site and were informed that complaints regarding noise were minimal and diminished with the length of time the tracks were in operation.
Summary
This proposed site is very well suited to a kart track as it is in an industrial area and has very few residences in the surrounding area. The site is located close to Highway 1 and is accessed from Highway 18, meaning that traffic will not be an issue to existing neighbourhoods. The noise from the track will meet North Cowichan's bylaws for noise limits for industrially zoned land use. With its proximity to Duncan, the track will generate activity for local businesses. Karting will provide social, educational, and economic benefits to the community. This will be the only facility of its kind on Vancouver Island.
Submitted by,
Dorothy Alexander, President Vancouver Island Karting Association
Pack. MUNICIPALITYofA/O/T/7 Report COWICHAN
Date November14, 200B File:3360-20 08.13
Folfo:5359-005
To TechnicalPlanning Committee
From BrigidReynolds, Planner Endorsedby
Subject ZoningAmendment -Clement Centre Society -Ryall Road:
Purpose
Toconsider amending the zoning from Residential One
andTwo Family (R3) zone to Residential Multi-Family
(R7)zone lo permil four-plex. a
Background
Thesubject property isa 1202 rr>2 (0.29 ac) vacant lot
thaiwas recently created byIhe owners, the Clement
Centre Society(formally the CowichanValley
AssociationforCommunity Living) as a resultof
subdividingthe parent lolinto three strata lots. One of
thestrata lotshas a singlefamily dwelling which isone
ofthe Society's grouphomes and another residence will
beconslructed somelime inIhe future.
Thesubject properly lotjsa level lolwith some hedging and fencing atihe property lines and is surrounded
bysingle family dwellings. Thereare some multi-family townhouse deveiopmenls across Ryall Road and
onSherman Road.
The properlywas purchasedby theClement Centre Society loprovide housing for people with
developmentaldisabilities. TheSociety currently operates 3residential homesin Ihe Municipality aswell
asother programs andservices. TheSociety receives funds from the Federal andProvincial governments
to constructandoperate Msresidential program. Due to a changein philosophy theProvince has
requestedthat the Society create a different housing model. Instead ofconstructing a single family
dwellingforagroup home to house four residents IheSociety isproposing loconstruct a four-plex thatwitl
housefive tosix residents. Thishousing model is intended tocreate the opportunity forresidents tolive
mareindependently ifthey are able.
Discussion
PolicyContext
TheOfficial Community Plan (section 7.2,p. 65) contains a number of policies intended tosupport Ihe
developmentofhousing torcitizens withspecial needs. The policies statethat the Municipality willwork
inpartnership withother government agencies, non-profit organizations, andservice agencies toensure
theprovision ofaffordable housing and that the Municipality shallmaintain a flexible, creative approach
forrezoning applications forIhe provision ofthis type of housing.
'StrataLot2. Section 1,Range 5tSomenos District, StrataPtan VIS6627
7030Trans Carratfa Highway, Box 278, Duncan. BC V9L3X4
Ph250-746-310D Fax250-746-3133 mvw.northcowichan.bc.ca ITEM3.2.4 Page 2
The subject property is located within the South End Growth Area and it is within the growth centres that a variety of housing size, type, tenure, and density is supported. It is close to Sherman Road which has bus routes and a bus stop located at the Sherman/Ryall Road intersection. The Society also has a bus that is used to transport residents to work, training and appointments.
The OCP designates all multi-family zoned property as development permit areas. As the proposal is to develop a four-plex, a development permit will be required prior to the site being developed. The development permit process will address the form and character of the site, including architectural design, the recreation area and landscaping. The applicant has provided a conceptual layout as part of the rezoning application (See Schedule No. 1, Site Plan and Schedule No.2 for Building Elevations).
Zoning Bylaw The proposed zoning is Residential Multi-Family (R7). This zone is being requested in order to achieve the required 4 units which is a floor space ratio of .37:1. The residential units will be 100m2 (1076 ft2) and the gross floor area for the development will be 446m2 (4800 ft2). The unit and floor space ratio density are less than what is permitted in the Zoning Bylaw. Surrounding land uses are generally single family residences. There are also a number of townhouse developments In close proximity, across Ryall Rd, and at Sherman and Truesdale Roads. The look and feel of the development will be as a single family dwelling unit (See Schedule No. 2).
Land Use The proposed land use is consistent with the OCP policies and the proposed R7 zone. The proposed development is to house people with developmental disabilities and the subject property is In close proximity to the new Cowichan Commons mall, public transit routes and other amenities. The residence will have the look and feel of a single family residence as is the case with the existing group home on the neighbouring lot which has been there since 1984.
A section 219 covenant is registered on the title of the property restricting that the land is to be used specifically for people with special needs. The Province would have to give its prior approval if the Society was proposing to house others or to sell the residential units.
The Society is proposing to add fencing and hedging in the areas that don't have it now. Large portions of the yards will be used as a garden for residents of the Society.
This type of housing is in great demand. As citizens with developmental disabilities age so does their familial support network which is resulting in a greater demand for this type of housing. This particular residence will be slightly different in that the ground floor units will provide a 24/7 staffed residential care environment and the second floor will have two units for residents who can live independently.
Recommendation 1 That staff be directed to draft a bylaw to amend the zoning from Residential One and Two Family (R3) to Residential Multi-Family (R7) to facilitate the construction of a 2 storey, four-plex for people with developmental disabilities for the property located at Ryall Road owned by the Clement Centre
2. That Council give first and second reading to the zoning amendment bylaw for the property located at Ryall Road from Residential One and Two Family (R3) to Residential Multi-Family (R7) to facilitate the construction of a 2 storey, four-plex for people with developmental disabilities .
TPC report IQNov 0&'Ctemanl Centre rezona.wpd , — 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowlchan.bc.ca CO
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Schedule No. 2 Building Elevations
TPC report lONov 08 Clement Centre fezone.wpd 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca MUNICIPALITY of NOtlf) Report COWICHAN
Date December 5, 2008 File 3080-2008.16
To Technical Planning Committee
From Beverly A Suderman / Planning Technician Endorsed by subject Development Variance Permit Application - Side Yard Setbacks 3112 Channel Blvd, Chemainus1 Applicant: Ms. Mary Dolan
Purpose The applicant has requested a variance to reduce the side yard setback requirements from 2 m (6.56 ft) to 1.5 m (4.92 ft).
Background Ms. Dolan is proposing to build an addition to her existing 1 V*"\ * I SfEj house at 3112 Channel Blvd. The purpose of the house LAN 4907 McKAY STREET addition is to permit the applicant and her husband to pursue their creative endeavours in a woodworking shop (ground Subject Property: : Channel Blvd. level) and art studio (upper level).
The subject property is zoned R3, and is 1,210 m2 in size. It slopes very steeply at the front down to Victoria Road. Therefore, the house has been constructed in the flatter area towards the back of the property.
Ms. Dolan is proposing that the side yard setback be relaxed from 2 m to 1.2 m in the back corner of the proposed addition. This will result in an encroachment of less than 1 sq m2 (~ 10 sq ft) total into the required side yard. (See attached site plan.) Because of the topography of the lot and the location of the existing house, there is no other real option for them in terms of ability to expand their house.
Discussion The key issue for the Committee to consider is the potential impact on neighbours. A site visit confirms that the impact to the neighbours of this encroachment into the side yard is minimal. The house on the property behind (3116 Channel Blvd) is significantly higher in elevation than the subject property. There may be limited impact on the views to the east from this change to the house, but not from the encroachment into the side yard. The impact, if any, would be due to the addition itself, which is being built to a level which is well within the height restriction of the Zoning Bylaw for a principal dwelling. The addition will be built in such a way as to protect as many trees as possible on the subject property, all of which are taller than the proposed addition, and which are part of the existing view for the neighbouring house.
Construction of the addition into the side yard will bring the Dolan house into closer proximity to the neighbours at 9900 Victoria Road. Again, because of the topography, the ground floor of the Dolan addition will be at the level of the second floor of the neighbouring house. There are no windows in this part of the neighbouring house, so the impact will be minimal. See photo.
1 Lot 1, Section 18, Range 4, Chemainus District, Plan 30251 210 square foot = 0.9290304 square meter
3060-20 08.16 Dolan Staff Report 12-04-OB.doc Page 1/3 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca ITEM 3.2.5 View of the side yard of the Dolan house, and view of neighbouring house at 9900 Victoria Rd. Property line is along the hedge. Proposed addition area Is marked with flagging tape. The house at 3116 Channel Blvd is visible in Ihe background on the right.
Recommendation That Technical Planning Committee give notice that it intends to issue a development variance permit to vary section 58(6)(a) of Zoning Bylaw No. 2950 to reduce the minimum setback from the south side yard from 2.0 m {6.56 ft) to 1.5 m {4.92 ft) to permit the siting of an addition to the principal building as shown on Schedule No. 1, for the properly owned by Mary Dolan, located at 3112 Channel Blvd and legally described as Lot 1, Section 1 a, Range 4, Chemainus District, Plan 30251 and to schedule a public meeting for future Council meeting.
Beverly A Suderman Planning Technician
Paga HI 30B0-20 08.16 12-G3-08.doc 7030 Trans Canada Highway. Box 270. Duncan, BC V9L 3X4 Fh 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca * rt
Schedule 1 The site plan for the ground floor showing the area in the photograph
.»=■-. (previous page). The area highlighted in yellow is the total of the •If-.. encroachment area.
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Page Hi 3060-JPOa.in Dolan Staff Resort 12-04-08.do: 7030 Trans Canada Highway, Box 270. Duncan, BC VOL 3X4 Ph 250-7-16-3100 Fax 250-746-3133 mmnarthcowietian.bc.ca >v t 8 2008
26 November 2008
Municipality of North Cowichan Attn: Mayor and Council 7030 Trans Canada Highway PO Box 278 Duncan, BC V9L 3X4
Re: Hedge Height Restrictions
I have been researching ihe By-Laws for the Municipality of North Cowichan. I understand that there is a height restriction on fences but no height restriction or requirement to keep hedges trimmed. I would like to see a by-law that restricts hedge height to the same as that of fences and for the property owner to keep the hedge trimmed, at least on an annual basis, especially when that hedge borders another property or interferes with the enjoyment of other homeowners of their property.
I live on Chippewa Road; a house below mine on Haida Road has not trimmed the hedges for about two and a half years. It is now at the point that by the spring I will lose a significant part of the view of Quamichan Lake and the valley. The result will be a decrease in the value of my property. I did not know until recently that my former neighbours trimmed the hedge when they did the hedge in their yard. They sold their house about two and a half years ago, which explains why the hedge has not been maintained in the last couple years.
I know that the house is a rental unit. I contacled Rowan Property Management; the person in charge of that property did not seem interested in addressing this issue with the homeowners.
I realize that there are a lot of issues lo consider when drafting and passing a by-law. There are a number of people in the Municipality of North Cowichan that have this same concern.
Please contact me at 250-710-5010 should you have any questions or comments regarding this letter.
Regards,
Colleen Gottsetig, CMA C-
ITEM 3.6.1