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MUNICIPALITY of North Agenda COWICHAN Meeting Regular Council File: 0570-50 Date Wednesday, August 15, 2007 Time 2:00 p.m. Place Municipal Hall - Council Chambers Page 1. Call to Order 2. Approval of Agenda Recommendation: that Council approve the agenda as circulated. 3. Adoption of Minutes 9-20 Recommendation: that Council adopt the minutes of the Regular Council meeting held on July 18, 2007, and the minutes of the Special Council meeting held on August 1, 2007. 4. Introduction of Late Items Recommendation: that Council approve the addition of late items to the agenda. 5. Public Meetings and Hearings 21-23 5.1 Development Variance Permit (6567 Norcross Road) Recommendation: that Council issue a development variance permit to Lorne and Phyllis Nikirk for 6567 Norcross Road (Folio 5526-000), to vary section 52(5) of the Zoning Bylaw to increase the maximum permitted lot coverage from 10% (327.8 square metres) to 17.5% (573.6 square metres), to permit the construction of a single-family dwelling unit, deck and shop. 25-26 5.2 Development Variance Permit (6047 Kaspa Road) Recommendation: that Council issue a development variance permit to Lee and Luigi Mansueti for 6047 Kaspa Road (Folio 8036-046), to vary section 57.1(7)(a) of the Zoning Bylaw to increase the maximum permitted height for principal buildings from 9.0 metres to 10.17 metres to legalize the height of the existing house. 27-30 5.3 Development Permit (9666 Chemainus Road) Recommendation: that Council issue a development permit to Ukee Holding Inc. for 9666 Chemainus Road (Folio 15579-000), for a 50-seat restaurant and retail store, and that the development permit vary section 21(4) of the Zoning Bylaw to reduce the minimum required parking stalls from 18 to 6. Page 1 of 200 August 15, 2007 North Cowichan Regular Council Agenda Page 5. Public Meetings and Hearings 31-33 5.4 Temporary Commercial Use Permit (6759 Considine Avenue) Recommendation: that Council issue a temporary commercial use permit to GOMI Investments Ltd. for 6759 Considine Avenue (Folio: 24014-000), to allow the applicant to use the property to operate a film studio for a two-year period, subject to the conditions set out in the revised Schedule No. 1, attached to the Planner's July 30, 2007 report. 35-38 5.5 Rezoning (6387 Green Road) Recommendation: that Council read a third time Bylaw No. 3305, being the "Zoning Amendment Bylaw (No. 7 - Green Road), 2007." 6. Presentations and Delegations 6.1 Maple Bay Fire Hall Drawings (Joan Gutensohn) 7. Staff Reports 39-40 7.1 Licence of Occupation - Mount Prevost Bypass Road Recommendation: that Council approve a 3-year licence of occupation for TimberWest Forest Company to access its private holdings over Bypass Road on Mount Prevost, subject to the conditions set out in the Municipal Forester's August 1, 2007, report. 41-42 7.2 Mount Prevost Use Recommendation: that Council permit Mount Prevost Middle School to use municipal forest reserve roads on Mount Prevost on Friday, October 5, 2007 for its annual Prevost-a-thon foot race, subject to the conditions set out in the Municipal Forester's July 12, 2007, report. 43-44 7.3 Zoning Amendment (1988 Maple Bay Road and 5855 Church Road) Recommendation: that Council accept the applicant's proposal to register a "no build" restrictive covenant on the property titles of 1988 Maple Bay Road and 5855 Church Road (Folios: 325-000, 603-500) to require bonding for road upgrades to Crescent Road to the satisfaction of the Municipality, and that the bond be held for a maximum period of 5-years. 7.4 Award of Tender - Survey Vehicle Recommendation: that Council accept the tender dated 2007, from in the amount of $ , plus GST, for a hatchback station wagan. 7.5 Award of Tender - Pickup Truck Recommendation: that Council accept the tender dated 2007, from , in the amount of $ for an extended cab, -2wheel drive pickup truck. 7.6 Award of Tender - Donnay Drive Extension Recommendation: that Council accept the tender dated , 2007, from , in the amount of , to undertake the construction of the Donnay Drive extension to Tzouhalem Road. Page 2 of 200 August 15, 2007 North Cowichan Regular Council Agenda Page 8. Correspondence 45 8.1 M & M Meat Shops - National Family Dinner Night 47-50 8.2 Vancouver Island Recreational Corridor Society - Le VI-athon Project 51-56 8.3 BC Minister of Small Business and Revenue - Single Business Licence Initiative 57-60 8.4 BC SPCA - Regulation of Exotic Animals 61-65 8.5 Smart Growth BC - A Legal Review of the Question of 'Community Need' Recommendation: that Council refer the correspondence from SmartGrowthBC regarding Farmland Protection and Community Need, to the Agricultural Advisory and Technical Planning Committees for review. 67 8.6 The Village of Port Clements - Eye Exam Coverage under BC Medical 69 8.7 Cowichan Valley Soccer Association - Proposed Somenos Road Playing Fields 71-75 8.8 Homeowner Protection Office - Proposed 'Homeowner Protection Act' Changes 77 8.9 Yolanda Hailey - Request to Amend Bylaw 2856 79-80 8.10 Minister of Economic Development - BC/Alberta Trade, Investment & Labour Mobility Agreement 9. Committee Reports 9.1. Advisory Planning Commission 81-86 9.1.1 Minutes - June 22 and July 27 Recommendation: (Review Minutes) 9.2. Agricultural Advisory Committee 87-93 9.2.1 Minutes - July 10 and August 7 Recommendation: (Review Minutes) 9.3. Environmental Advisory Committee 95-98 9.3.1 Minutes - July 12 Recommendation: (Review Minutes) 9.4. Public Works Committee 99-101 9.4.1 Minutes - August 8 Recommendation: (Review Minutes) Page 3 of 200 August 15, 2007 North Cowichan Regular Council Agenda Page 9.4. Public Works Committee 9.4.2 South End Sewer Inclusion (3393 Cowichan Lake Road) Recommendation: that Council include 3393 Cowichan Lake Road (Folio: 5986-000) within the South End sewer area subject to the property owner signing a local area service agreement. 9.4.3 Replacement Recycling Bag Charge Recommendation: that Council direct staff to draft a bylaw to require payment of $1.00 per replacement recycling bag, used for the curbside recycling program, effective October 1, 2007. 9.4.4 Joint Utilites Sewer Outfall Repairs Recommendation: that Council authorize repairs to the Joint Utilites Board (JUB) Cowichan River sewer outfall (either Option 1 costing approximately $130,050 or Option 2 costing approximately $57,500) with funding from the JUB reserve fund. 9.4.5 Maple Bay Marina Wastewater Treatment Plant Recommendation: that Council direct staff to negotiate an agreement with the Maple Bay Marina, subject to Council's approval, to transfer the ownership and operation of the proposed Maple Bay Marina wastewater treatment plant to North Cowichan. 9.4.6 Little Mountain Road Encroachment Recommendation: that Council authorize the Mayor and Director of Administration to sign an encroachment agreement with Mr. Delahunt to permit a private waterline to remain in the Municipal road right-of-way fronting 8179 Little Mountain Road (Folio: 12272-000). 9.5. Technical Planning Committee 103-105 9.5.1 Minutes - July 24 Recommendation: (Review Minutes) 9.5.2 ALR Subdivision (6822 Westcott Road) Recommendation: that Council forward to the Agricultural Land Commission the subdivision application from Island Ice Ltd., of 6288 Westcott Road (Folio: 6164-000), without recommendation. 9.5.3 Development Variance Permit (6753 Somenos Road) Recommendation: that Council give notice that it intends to issue a development variance permit to Antho Santarossa and Barbara Coakley for 6753 Somenos Road (Folio: 6470-000), to vary section 56(7) of the Zoning Bylaw to increase the maximum permitted height for a principal building from 9.0 metres to 10.82 metres on the south side and 10.21 metres on the north side. 9.5.4 Development Variance Permit (1158 Maple Bay Road) Recommendation: that Council give notice that it intends to issue a development variance permit to Richard and Helga Knight for 1158 Maple Bay Road (Folio 9247-000), to vary section 56(6)(a) of the Zoning Bylaw to reduce the minimum permitted setback for a principal building from 3.0 Page 4 of 200 August 15, 2007 North Cowichan Regular Council Agenda Page 9.5. Technical Planning Committee metres to 1.4 metres. 9.5.5 Rezoning Application (7619 Richards Trail) Recommendation: that Council direct staff to draft a bylaw to amend the Zoning Bylaw to rezone 7619 Richards Trail (Folio 6350-000), owned by Geoff and Marie Martin, from Agricultural Zone (A1) to Rural Zone (A2). 9.5.6 Non-Farm Use Application (2591 Beverly Street) Recommendation: [Pending the Aug 14 TPC mtg] that Council advise the Agricultural Land Commission that it supports the application from Grande Developments Ltd., on behalf of Fun Pacific Golf Centre, for non-farm use for 2591 Beverly Street (Folio: 1242-000). 9.5.7 Non-Farm use Application (7380 Trans Canada Hwy) Recommendation: [Pending the Aug 14 TPC mtg] that Council advise the Agricultural Land Commission that it supports the application from FOCUS, on behalf of Kao Farms Inc., for non-farm use for 7380 Trans Canada Highway (Folio: 5099-000). 9.5.8 Exclusion Application (3037 River Road) Recommendation: [Pending the Aug 14 TPC mtg] that Council forward to the Agricultural Land Commission the exclusion application from FOCUS, on behalf of Fred and Carol Demchuk, including all public comments, for 3037 River Road (Folio: 15282-101), recommending that it conduct a review of the Agricultural Land Reserve's designation of the area surrounding the subject property with respect to soil capability and the surrounding urban interface, as proposed in North Cowichan’s Official Community Plan.
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