Agenda COWICHAN
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.
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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.
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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)
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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
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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.
9.5.9 Non-Farm Use Application (6507 North Road) Recommendation: [Pending the Aug 14 TPC mtg] that Council advise the Agricultural Land Commission that it supports the application from Kaihui Construction Ltd. for non-farm use for 6507 North Road (Folio: 5043-200).
10. Other Reports 107-125 10.1 Minutes - July 11 Cowichan Valley Regional District Recommendation: (Review Minutes)
11. Bylaws 127 11.1 Bylaw No. 3286 Recommendation: that Council read a third time Bylaw No. 3286, being the "Official Community Plan Amendment (No. 2 - Rural) Bylaw, 2007."
Recommendation: that Council adopt Bylaw No. 3286, being the "Official Community Plan Amendment (No. 2 - Rural) Bylaw, 2007."
129-130 11.2 Bylaw No. 3287 Recommendation: that Council read a third time Bylaw No. 3287 being the "Zoning Amendment (No. 1 - Rural) Bylaw, 2007."
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11. Bylaws 131-132 11.3 Bylaw No. 3288 Recommendation: that Council adopt Bylaw No. 3288, being the "Zoning Amendment Bylaw (No. 2 - Maple Bay/Church Roads), 2007."
133-134 11.4 Bylaw No. 3295 Recommendation: that Council read a third time Bylaw No. 3295, being the "Zoning Amendment Bylaw (No. 4 - Mays Road), 2007."
Recommendation: that Council adopt Bylaw No. 3295, being the "Zoning Amendment Bylaw (No. 4 - Mays Road), 2007."
135-136 11.5 Bylaw No. 3296 Recommendation: that Council read a third time Bylaw No. 3296, being the "Zoning Amendment Bylaw (No. 5 - Gibbins Road), 2007."
Recommendation: that Council adopt Bylaw No. 3296, being the "Zoning Amendment Bylaw (No. 5 - Gibbins Road), 2007."
137-142 11.6 Bylaw No. 3297 Recommendation: that Council adopt Bylaw No. 3297, being the "Delegation of Authority Bylaw, 2007."
143-166 11.7 Bylaw No. 3300 Recommendation: that Council adopt Bylaw No. 3300, being the "Municipal Ticket Information System Bylaw, 2007."
167-176 11.8 Bylaw No. 3302 Recommendation: that Council read a third time Bylaw No. 3302, being the "Zoning Amendment Bylaw (No. 6 - Seniors Housing), 2007."
177-178 11.9 Bylaw No. 3303 Recommendation: that Council give 3 readings to Bylaw No. 3303, being the Parcel Tax (Tom Windsor Road Local Area Water Service) Bylaw, 2007."
179 11.10 Bylaw No. 3304 Recommendation: that Council read a second time Bylaw No. 3304, being the "Official Community Plan Amendment (No. 3 - Road Removal) Bylaw, 2007."
181-183 11.11 Bylaw No. 3306 Recommendation: that Council give 3 readings to Bylaw No. 3306, being the Fees & Charges Amendment Bylaw (No. 3), 2007."
12. New Business
13. Question Period
14. Committee of the Whole 14.1 Committee of the Whole Recommendation: that Council resolve into Committee of the Whole.
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14. Committee of the Whole 185-186 14.2 Minutes - July 18 Recommendation: that Council adopt the minutes of the July 18, 2007, Committee of the Whole meeting.
14.3 Cowichan Place Master Plan Recommendation:
187-189 14.4 Development of Timbercrest Estates Lot B…Plan VIP64741 Recommendation:
191-200 14.5 Regional Police Model Recommendation:
15. Closed Session 15.1 Motion to close meeting to the public Recommendation: that Council close the remainder of the meeting to the public to consider matters under section 90 (1)(a), (f), (g), and (i) of the Community Charter.
16. Adjournment
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MUNICIPALITY of North Minutes COWICHAN
Meeting Regular Council Meeting File: 0570-50
Date Wednesday, July 18, 2007
Time 2:00 p.m.
Place Municipal Hall - Council Chambers
Members Present Mayor J. Lefebure; Councillors M. Hailey, R. Hartmann, A. Murray; G. Ridgway and G. Seymour (comprising a quorum)
Members Absent Councillor D. Haywood
Staff Present J. Dias, Chief Administrative Officer (CAO); M. Ruttan, Director of Administration; J. MacKay, Director of Engineering & Operations; C. Hall, Director of Planning; E. Mansueti, Parks & Recreation Director
Agenda Council approved the agenda, as amended to delete item 9.5.15, being Used Truck Purchase.
Minutes Council adopted the minutes of the June 20, 2007 Regular Council meeting, and the minutes of the Special Council meetings held on June 25 and July 11, 2007.
Late Items Council approved the addition of the following late items to the agenda: 14.11 2 New Chemainus Mural Designs 15.3.9 Potential Litigation - s.90(1)(g) of the Community Charter 15.3.10 Municipal Property Security - s.90(1)(d) of the Community Charter 15.3.11 Land Disposition and Acquisition - s.90(1)(e) of the Community Charter 15.3.12 Interjurisdictional Matter
Public Meetings
Development Mayor Lefebure invited public input on whether Council should issue a Variance Permit - Development Variance Permit to Peter and Jen de Verteuil for 6579 Norcross 6579 Norcross Road Road following an introduction by the Director of Planning, advice that no correspondence was received from the public on this proposed permit, and invitation to the applicant to address Council.
It was moved, seconded and carried, that Council issue a Development Variance Permit to Peter and Jen de Verteuil for 6579 Norcross Road (Folio: 5540-000) , to vary section 52.6(a) of the Zoning Bylaw to reduce the minimum required side yard setback from 3.0 metres to 2.1 metres to accommodate the addition to the single-family dwelling as shown on Schedule 2 of the May 29, 2007 Planner’s report. (File: 3080-20 07.08)
Development Mayor Lefebure invited public input on whether Council should issue a Variance Permit - Development Variance Permit to Glen Posey for 2352 Arnhem Road following an 2352 Arnhem Road introduction by the Director of Planning, advice that no correspondence was
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received from the public on this proposed permit, and invitation to the applicant to address Council.
It was moved, seconded and carried, that Council issue a Development Variance permit to Glen Posey for 2352 Arnhem Road (Folio: 1562-000) to vary section 57(6)(a) of the Zoning Bylaw to reduce the minimum required rear yard setback from 8.0 metres to 6.13 metres for the existing single-family dwelling, as shown on the “Plan of Proposed Subdivision” attached as Schedule 1 to the Planner’s Report, dated June 1, 2007. (File: 3080-20 07.09)
Presentations
Environmental The Mayor congratulated the 11 winners of the 8 th annual Environmental Poster Contest Education Program’s ‘Friends of the Environment’ poster contest. Heidi Calder, environmental summer student, presented information about reducing waste by recycling and composting and alternatives to backyard burning to 42 classrooms between kindergarten to grade 7. Students were asked to create posters about composting and reducing backyard burning. Posters were judged on their clear environmental message, originality and artistic design. Each winner received a certificate, recycled aluminum can airplane, and bag of assorted treats. (File: 5280- 01)
School Community Susan Plester, of Quest Consulting Services, and Jessica Gemella, of Gemella Connections Project Design, reviewed the three phases of the School Community Connections Project, and presented recommendations for priority projects, future project phases, and next steps. Council also received the Parks and Recreation Director’s July 11, 2007 report on this matter. Mayor Lefebure thanked Susan Plester and Jessica Gemella for their presentation.
It was moved, seconded and carried, that Council receive the June 2007 ‘School Community Connections: Alexander and Quamichan Schools Stage II Report’, and make it publicly available. (File: 6680-20 SCCP)
Staff Reports
Subdivision Process It was moved, seconded and carried, that Council receive the Director of (3685 River Road) Planning's June 13, 2007 report regarding subdivision of 3685 River Road (Folio: 15257-000), and direct staff to: 1) investigate ground conditions for septic service, 2) resolve access and water service standards, 3) obtain an appraisal based on fee simple lot and consolidated lots, and 4) allocate funds from any sale in accordance with the acquisition formula. (File: 3320-20 00.05)
Island Soaring It was moved, seconded and carried, that Council approve a 3-year Licence of Society Occupation for the Island Soaring Society to use the Mount Prevost Forest Reserve for hang gliding and paragliding, subject to the conditions set out in the Forester's July 9, 2007 report. (File: 8920-90 ISS)
Fuller Lake Arena It was moved, seconded and carried, that Council direct staff to draft a bylaw to Fees amend the Fees and Charges Bylaw to increase the Fuller Lake Arena rental
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fees, as shown on the Deputy Parks and Recreation Director's July 11, 2007 report. (File: 1810-01)
Award of Tender - It was moved, seconded and carried, that Council accept the July 12, 2007 Chemainus River tender from Pacific Industrial & Marine Ltd., in the amount of $80,998, plus GST, Bridge to replace the Chemainus River bridge deck. (File: 5401-20 CHE)
Community Tourism It was moved, seconded and carried, that Council direct staff to develop a list of Program programs and projects that meet the primary goals of the Community Tourism Program, and that the list be presented to Council in the fall of 2007 for its consideration when preparing the 2008 budget. (File: 0250-20 UBCM)
Correspondence
Crofton Community It was moved, seconded and carried, that Council refer the June 20, 2007 letter from the Crofton Community Centre Society, regarding the Official Community Plan, to the Technical Planning Committee for its review. (File: 6480-20)
Green Roofs It was moved, seconded and carried, that Council refer the June 25, 2007 letter from the Homeowner Protection Officer regarding green roofs, to the Chief Building Inspector for his comments to the Technical Planning Committee. (File: 0250-01)
Stoney Hill Survey It was moved, seconded and carried, that Council refer the June 26, 2007 letter and survey from Stoney Hill Property owners to the Technical Planning Committee for its review. (File: 8920-80 TZO/ 6480-20)
Green Power It was moved, seconded and carried, that Council refer the June 27, 2007 letter from Run of River Power Inc., regarding its green power facility, to the Environmental Advisory Committee for its informaiton. (File:5280-01)
Chemainus Valley It was moved, seconded and carried, that Council renew its Licence of Cultural Arts Society Occupation with the Chemainus Valley Cultural Arts Society for use of the Waterwheel Park Bandshell in Chemainus, for a further 3-year term. (File: 0890-20 WAT)
Book Rate Petition It was moved, seconded and carried, that Council write to its member of Parliament to urge support for Bill C-458 to protect Canadian libraries’ access to concessionary postal rates for library material. (File: 7960-20)
Received and Filed Council received and filed the following items of correspondence: 1) Official Opposition - TILMA Agreement 2) Association of BC Forest Professionals - 2008 Forest Capital of BC 3) Vancouver Island Regional Library - Annual Report/Financial Statements 4) Union of BC Municipalities - Community Tourism Funding Phase 2
Committee Reports
BC Forest Discovery It was moved, seconded and carried, that Council direct staff to draft a bylaw to Centre - Grant amend the Financial Plan to grant $10,000 to the BC Forest Discovery Centre
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from the Forest Legacy Fund to help replace the main exhibit hall roof. (File: 1850- 20.07)
BC Forest Discovery It was moved, seconded and carried, that Council consider the request from the Funding BC Forest Discovery Centre for a $15,000 grant, for a redevelopment planning process, once the second phase of the Community Tourism Program Funding is announced. (File: 0250-20 UBCM)
Councillor Hartmann left the Council Chambers at 3:10 p.m.
Donation - Cowichan It was moved, seconded and carried, that Council donate an E.J. Hughes framed Musical Society poster to the Cowichan Musical Society for its annual fundraising auction. (File: 1850-20.07)
Donation - Spinal It was moved, seconded and carried, that Council donate an E.J. Hughes framed Cord Society poster to the Spinal Cord Society for the silent auction at its annual Rodney Stanes Memorial Tournament. (File: 1850-20.07)
Municipal Policing It was moved, seconded and carried, that Council approve, in principle, the 2008/2009 RCMP municipal policing resource budget of $3,581,069, based on a detachment strength of 30 members. (File: 7610-01)
Councillor Hartmann returned to the Council Chambers at 3:12 p.m.
South End Water It was moved, seconded and carried, that Council include 3640 Cleve Road Inclusion (3640 (Folio: 00186-000) within the South End water area subject to the owner: Cleve Road) 1) signing a local area service agreement; 2) using water for residential domestic use only; 3) contributing an equal share of the Castley Road watermain extension cost (approximate cost is $6,859); 4) providing a private easement for water over Lot 1…Plan 8211 in favour of 3640 Cleve Road; 5) constructing a separate water service over Lot 1…Plan 8211 to 3640 Cleve Road at the owner’s expense; 6) paying $2,257 for a 1" diameter metered connection; and 7) paying $1,476 for South End water equivalent development cost charges. (File: 5630-40)
Boundary Expansion It was moved, seconded and carried, that Council consider the requested boundary expansion of 19 lots north of Dogwood Road after residents have provided an indication of support from individual affected property owners and an independent estimate of the costs to connect these lots to the Chemainus sewer area. (File: 5350-30)
Chemainus Sewer It was moved, seconded and carried, that Council include 10097 Chemainus Inclusion (10097 Road (Folio: 15531-005) within the Chemainus Sewer Area subject to the owner: Chemainus Road) 1) signing a local area service agreement; 2) paying $2,092 for a 4" diameter sewer connection; 3) paying $649 for Chemainus sewer equivalent development cost charges; 4) paying $1,118.87, plus 7% interest since January 2, 2001 for Dogwood Grove sewer pump station latecomer charges to Dogwood Grove Estates
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Ltd. and paying $352.92, plus 7% interest since January 2, 2001 to North Cowichan; 5) registering a private easement for sewer in favour of 10097 Chemainus Road over Lot A…Plan VIP80399; 6) constructing the sewer service in the easement over Lot A…Plan VIP80399 at the owner’s expense. (File: 5350-30)
Pedestrian Crossing It was moved, seconded and carried, that Council ask the police to monitor the 30 km/hr speed zone on Gibbins Road in the vicinity of the crosswalk at Wilson Avenue. (File: 3900-50 DEL)
Holmes Creek Log It was moved, seconded and carried, that Council direct staff to seek Jam government approvals for North Cowichan to remove the log jam on Holmes Creek, upstream from the Mary Street culvert. (File: 5225-20)
Lakes/Tzouhalem It was moved, seconded and carried, that Council forward the Boulevard Roads Intersection Transportation Group’s July 4, 2007 report on the Lakes Road and Tzouhalem Road intersection right turn lane to the Ministry of Transportation, and ask that the Ministry meet with North Cowichan and the City of Duncan to discuss funding options for this project so that it can proceed in 2008. (File: 5400-20 TZO)
Conversion to It was moved, seconded and carried, that Council provide staff with budget Biodiesel direction to convert North Cowichan’s vehicle fleet to biodiesel in 2008. (File: 1130- 01 OPER)
Crofton Lake It was moved, seconded and carried, that Council authorize a test release of water from Crofton Lake in August 2007, as requested by Fisheries and Oceans Canada to improve fish habitat, subject to Fisheries and Oceans Canada: 1) undertaking a test flow release starting at 200 gpm and being raised to 450 gpm, subject to no negative impacts on farmers downstream, and subject to North Cowichan being able to deliver a flow of 450 gpm through the Richards Creek discharge pipe; and 2) assisting with funding a monitor that will monitor the impact of the flow release, review beaver activity, and be in contact with Richards Creek farmers during the August trial. (File: 5225-95 CRO)
Cedar Street It was moved, seconded and carried, that Council direct staff to seek approval Seawall from the Department of Fisheries and Oceans Canada to build a seawall at the end of Cedar Street and should approval be granted, contract Richard Lamb to build it according to his July 10, 2007 proposal. (File: 5400-20 CED)
Teresan Gas Lines It was moved, seconded and carried, that Council continue to support the Association of Vancouver Island Coastal Communities’ resolution asking the Province to amend the Gas Safety Regulation to require gas utility companies to attend onsite to mark buried line locations in connection with excavation work. (File: 5500-40 GAS)
Chemainus Road It was moved, seconded and carried, that Council remind staff driving on Traffic Chemainus Road through the Halalt Reserve to slow down and observe traffic signs in respect of the community. (File: 5400-20 CHE)
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South End Sewer It was moved, seconded and carried, that Council include 1683 Maple Bay Road Inclusion (1683 (Folio: 08977-002) within the South End Sewer Area subject to the owner: Maple Bay Road) 1) signing a local area service agreement; 2) paying $2,092 for a sewer connection; 3) paying $2,239 for the South End sewer equivalent development cost charges; 4) installing a pump, at the owner’s expense, to pump sewer to the Maple Bay Road connection; and 5) obtaining a plumbing permit for the sewer connection on his property. (File: 5355-30)
Encroachment It was moved, seconded and carried, that Council authorize the Mayor and Agreement (943 Director of Administration to sign an encroachment agreement to authorize the Arbutus Avenue) owner to repair and maintain the existing driveway to 943 Arbutus Avenue, as per the recommendations of Levelton Consulting’s July 3, 2007 letter. (File: 5400- 20 ARB)
Rezoning (6387 It was moved, seconded and carried, that Council direct staff to draft a bylaw to Green Road) amend the Zoning Bylaw to reclassify 6387 Green Road (Folio: 5090-000) from Residential Rural zone (R1) to Residential Multi-Family Apartment zone (R8) to facilitate the construction of a 3-storey, 36 unit seniors condominium; and further, that Council advise the applicant that it will require the applicant to register against the subject property title a restrictive covenant to prohibit development until such time as road, water and sewer service across the E & N rail line have been resolved, or constructed to the satisfaction of North Cowichan and Southern Rail BC. (File: 3360-20 07.02)
Development It was moved, seconded and carried, that Council give notice that it intends to Variance Permit issue a Development Variance Permit to Lee and Luigi Mansueti for 6047 Kaspa (6047 Kaspa Road) 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 (29.53 feet) to 10.17 metres (33.37 feet), to permit an existing dwelling. (File: 3080- 20 07.11)
Development Permit It was moved, seconded and carried, that Council give voluntary notice that it (9666 Chemainus intends to issue a Development Permit to Ukee Holdings Inc. for 9666 Road) 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. (File: 3060-20 07.08)
Development It was moved, seconded and carried, that Council give notice that it intends to Variance Permit issue a Development Variance Permit to Lorne and Phyllis Nikirk for 6567 (6567 Norcross Rd) 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 dwelling unit, deck and shop. (File: 3080-20 07.10)
Temporary It was moved, seconded and carried, that Council give notice that it intends to Commercial Permit issue a Temporary Commercial Use Permit to Gomi Investments Ltd. for 6759 Considine Avenue (Folio: 24014-000), to permit a film studio to operate for a 2-
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year period, subject to the requirements generally detailed in Schedule No. 1, attached to the June 21, 2007 Planner's report. (File: 4520-35 07.03)
Development Permit It was moved, seconded and carried, that Council approve a Development Amendment Permit Amendment to Brian Kapuscinski, on behalf of 0729913 B.C. Ltd., for 2753 Mt. Sicker Road (Folio: 12393-000), to vary Section 14 of the Zoning Bylaw to permit an under slab elevation of 11.0 metres, geodetic elevation being 0.3 metres below the 200 year flood plain elevation; subject to registration of a covenant: a) confirming that no part of the ground floor will be used for residential purposes, b) ensuring that the Municipality is not liable for any flood damage that may occur as a result of a building permit being issued, c) confirming from a Geotechnical Engineer that the land may be safely used for the intended purposes, and d) submitting a spill contingency plan acceptable to the Director of Engineering and Operations. (File: 3060-20 06.13)
Bylaws
Bylaw No. 3288 It was moved, seconded and carried, that Council read a third time Bylaw No. 3288, being the "Zoning Amendment Bylaw (No. 2 - Maple Bay/Church Roads), 2007." (File: 3360-20 06.20)
Councillor Ridgway announced that as he did not attend the public hearing, he could not participate in this debate, or vote. He left the meeting at 3:45 p.m.
Bylaw No. 3291 It was moved, seconded and carried, that Council adopt, Bylaw No. 3291, being the “Street Name Change Bylaw, 2007.” (File: 3900-01)
Bylaw No. 3292 It was moved, seconded and carried, that Council read a third time Bylaw No. 3292, being the "Zoning Amendment Bylaw (No. 3 - Cook Street), 2007." (File: 3360-20 07.01)
Bylaw No. 3292 It was moved, seconded and carried, that Council adopt Bylaw No. 3292, being the "Zoning Amendment Bylaw (No. 3 - Cook Street), 2007." (File: 3360-20 07.01)
Bylaw No. 3297 It was moved, seconded and carried, that Council read a second and third time Bylaw No. 3297, being the “Delegation of Authority Bylaw, 2007.” (File: 3900-50 DEL)
Bylaw No. 3299 It was moved, seconded and carried, that Council adopt, Bylaw No. 3299, being the “Waterworks Bylaw Amendment, 2007.” (File: 3900-50 WAT)
Bylaw No. 3300 It was moved, seconded and carried, that Council read a first, second and third time Bylaw No. 3300, being the “Municipal Ticket Information System Bylaw, 2007." (File: 3900-50 MTI)
Bylaw No. 3302 It was moved, seconded and carried, that Council read a first, second and third time Bylaw No. 3302, being the "Zoning Amendment Bylaw (No. 6 - Seniors
Page 7 of 9
Page 15 of 200 Minutes - July 18 and August 1
Wednesday, July 18, 2007 Regular Council Meeting Minutes
Housing), 2007"; and further, that Council waive the public hearing requirement, as the proposed bylaw is consistent with the Official Community Plan. (File: 3900- 01)
Bylaw No. 3304 It was moved, seconded and carried, that Council read a first time Bylaw No. 3304, being the "Official Community Plan Amendment (No. 3 - Road Removal) Bylaw, 2007".
It was moved, seconded and carried, that Council: 1) consider Bylaw 3304 to be consistent with the financial plan and applicable waste management plan; 2) determine that given the minor nature of the amendment and its limited impact, consultation under Section 879(2) of the Local Government Act be done by letter to the School District, Agricultural Land Commission and Cowichan Tribes; and 3) direct staff to hold an information session to give the public opportunity to review and comment on the amendment prior to the public hearing. (File: 3380- 20 07.01)
Bylaw No. 3305 It was moved, seconded and carried, that Council give first and second readings to Bylaw No. 3305, being the "Zoning Amendment Bylaw (No. 7 - Green Road), 2007.” (File: 3360-20 07.02)
Committee of the It was moved, seconded and carried, that Council resolve into a Committee of Whole the Whole meeting (4:00 p.m.). The Committee rose and reported on the following items at 5:40 p.m.:
Aquatic Centre It was moved, seconded and carried, that Council endorse the 'Leaving a Landscaping Legacy' landscape design theme for the new Aquatic Centre, as presented by Gemella Design. (File: 0760-20 AC)
Duncan Curling Club It was moved, seconded and carried, that Council direct staff to prepare a report on the costs to remove brush from the Municipal land behind the Duncan Curling Club. (File: 7400-20)
June 21 Public It was moved, seconded and carried, that Council receive and file the Director of Hearing Administration’s June 21, 2007 public hearing report, and direct staff to place Bylaws 3286, 3287, 3295 and 3296 on the August 15, 2007 Regular Council meeting agenda for further consideration. (File: 3360-20)
Maple Bay Fire Hall It was moved, seconded and carried, that Council commit to replacing the Maple Roof Repair Bay Fire Hall roof if there is no other suitable repair method. (File: 0750-01)
OCP Review It was moved, seconded and carried, that Council: Process 1) approve the scope of work proposed in the Director of Planning’s July 12, 2007 report to undertake the Official Community Plan review; 2) direct staff to initiate the process with timing as follows: (a) limited elements of Phase I only in 2007 (except for those areas where the Advisory Planning Commission and others have expressed an interest in proceeding independent of substantial staff support),
Page 8 of 9
Page 16 of 200 Minutes - July 18 and August 1
Regular Council Meeting Minutes Wednesday, July 18, 2007
(b) continuation of Phase I and Phase II in 2008, following completion of the Echo Heights and James Street projects, (c) completion of Phase III anticipated by the summer of 2009; and 3) authorize use of the current Official Community Plan review budget for 2007 to also include any surplus in staff salary accounts, and direct staff to prepare an updated budget estimate for 2008 by December, 2007. (File: 6480- 20)
Somenos Marsh It was moved, seconded and carried, that Council direct staff to draft a bylaw to Open Air Classroom amend the Financial Plan to grant $20,000 to the Somenos Marsh Wildlife Society towards its open air classroom project, from the Forest Legacy Fund. (File: 0250-20 SMW)
Chemainus Murals It was moved, seconded and carried, that Council endorse the 2 new mural designs proposed for Chemainus. (File: 6800-20 MURAL)
Closed Session The Committee closed the meeting to the public at 5:40 p.m. to consider matters under section 90(1)(a), (d), (e), (g) and (i) of the Community Charter , and rose without reporting at 7:10 p.m.
Adjournment The meeting ended at 7:10 p.m.
Certified correct
M.O. Ruttan, Director of Administration J.W. Lefebure, Mayor
Page 9 of 9
Page 17 of 200 Page 18 of 200 Minutes - July 18 and August 1
MUNICIPALITY of North Minutes COWICHAN
Meeting Special Council Meeting File: 0570-50
Date Wednesday, August 1, 2007
Time 9:00 a.m.
Place Municipal Hall - Large Committee Room
Members Present R. Hartmann, Deputy Mayor; Councillors M. Hailey, D. Haywood, A. Murray, G. Ridgway, and G. Seymour
Members Absent Mayor J. Lefebure
Staff Present M. Ruttan, Director of Administration; and G. Flower, Deputy Clerk
Agenda Council approved the agenda as amended.
Late Items Council approved the addition of the following late items to the agenda: 3. Ralph Dill Beer Garden - Cowichan Sportsplex 4. Land Disposition and Acquisition - s. 90(1)(e) of the Community Charter
Business
Bylaw 3302 - Council was advised of the requirement to publish a notice in the local papers Seniors Housing that a public hearing has been waived prior to a bylaw receiving third reading.
It was moved, seconded and carried, that Council rescind third reading of Bylaw No. 3302, being the “Zoning Amendment Bylaw (No. 6 - Seniors Housing), 2007" (File: 3380-20 06.05)
Temporary Council reviewed the Planner’s July 30, 2007 report regarding the revised Commercial (6759 conditions of the Temporary Commercial Use Permit application from Gomi Considine) Investments Ltd., of 6759 Considine Avenue.
Councillor Hailey entered the meeting at 9:05 a.m.
It was moved, seconded and carried, that Council endorse the revised Schedule No. 1, attached to the Planner’s July 30, 2007 report, outlining conditions of the Temporary Commercial Use Permit to Gomi Investments Ltd. for 6759 Considine Avenue. (File: 4520-35 07.03)
Beer Garden The Director of Administration explained that Ralph Dill has asked Council to reconsider its decision that any Ron Dill Memorial Ball Tournament on municipal land must be run by a bonafide local service club. Mr. Dill is scheduled to hold a tournament at the Cowichan Sportsplex during the B.C. Day long weekend. Mr. Dill has provided evidence that he has run beer gardens for the past several years in a safe and responsible manner.
Page 1 of 2
Page 19 of 200 Minutes - July 18 and August 1
Wednesday, August 1, 2007 Special Council Meeting Minutes
The RCMP has advised that it has no objections or concerns approving a licence for Mr. Dill given his performance the past few years, and will closely monitor any new licence.
It was moved, seconded and carried, that Council approve the use of municipal land (Cowichan Sportsplex) for a special occasion liquor licence (beer garden), issued by the RCMP to Ralph Dill, in conjunction with the Ron Dill Memorial Ball Tournament, August 4 to 6, 2007.
Closed Session The Committee closed the meeting to the public at 9:20 a.m. to consider a matter under section 90(1)(e) of the Community Charter, and rose without reporting at 9:25 a.m.
Adjournment The meeting ended at 9:25 a.m.
Certified correct
M.O. Ruttan, Director of Administration R. Hartmann, Deputy Mayor
Page 2 of 2
Page 20 of 200 Development Variance Permit (6567 Norcross Road)
MUNICIPALITY of /VO/l/7 Notice COWICHAN
Date August 15, 2007 File: 3080-20 07.10 Folio: 5526-000 Time 2:00 p.m.
Place Council Chambers
Meeting Development Variance Permit - Norcross6567 Road
The North Cowichan Council gives notice that it proposes to pass a resolution to issue a development variance permit to Lome and Phylllis Nikirk, for 6567 Norcross Road (Lot A, Section 4 & 5, Range 6, Somenos District, Plan 3102, Except Plan 25979), shown outlined in bold on the map below, at its August 15, 2007, regular meeting. The meeting starts at 2:00 p.m., in the Council Chambers of the Municipal Hall, located at 7030 Trans Canada Highway, Duncan, BC. The purpose of the proposed permit is 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). The applicant intends to build a single-family dwelling unit, deck, and shop.
Subject Property
200 FOOT RADIUS
Properties within the 200 foot radius line of the subject property are required to receive a copy of this notice.
If you believe your interests are affected by the proposed development variance permit, you may express your views at the Council meeting. If you cannot attend the meeting, please mail or fax your comments to Council at the address and fax number shown below, or ansend e-mail to [email protected], before 4:00 p.m., August 14, 2007. If you have questions or wish to see a copy of the proposed permit, you may contact the Planning Department, Municipal Hall, at the address shown below, Monday to Friday (except statutory holidays), between 8:00 a.m. and 4:00 p.m., from July 30, 2007 until 2:00 p.m., August 15, 2007. The Municipal Office will be closed on the August 6, 2007, statutory holiday.
Mark Ruttan, Director of Administration
7030 Trans Canada Highway, Box 278, Duncan, BC 3X4V9L Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca
Page 21 of 200 Development Variance Permit (6567 Norcross Road)
Municipality of North Cowichan
7030 Trans Canada Highway, Box 278 Duncan, BC V9L 3X4
Tel 250 7463100 Fax250 746 3133 www.northcowichan.bc.ca Development Variance Permit (07.10)
To: Lome & Phyllis Nikirk
Subject Property: 6567 Norcross Road (Folio No. 5526.000)
1. This permit is issued subject to compliance with all the District of North Cowichan bylaws that apply to this permit.
2. This permit applies to the lands described below, and any buildings, structures, and other development thereon (hereinafter called the Lands).
Lot A, Sections 4 & 5, Range 6, Somenos District, Plan 3102 Except Plan 25979
3. Pursuant to Section 922 of the Local Government Act (RSBC 1996, c. 323), this permit varies Section 52(5) of the Zoning Bylaw, to increase the maximum lot coverage from 10% (327.8 m2) to 17.5% (573.6 m2) to permit the construction of a dwelling unit, deck and shop in accordance with:
Schedule 1 Site Plan
4. This permit is not a building permit.
5. This permit was approved on (date of Council approval), and issued on (date permit completed).
6. This permit will lapse two years from the date of issuance if the permit holder does not substantially start construction with respect to which this permit was issued.
The Corporation of the District of North Cowichan
Designated Municipal Officer (Imprint of Official Seal)
3080 203080 07_10 PERMIT.wpd
Page 22 of 200 Development Variance Permit (6567 Norcross Road)
Schedule No. 1 Site Plan
7030 Trans Canada Highway, Box 278, Duncan, BC 3X4V9L Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca
Page 23 of 200 Page 24 of 200 Development Variance Permit (6047 Kaspa Road)
MUNICIPALITY of /VO/Tf7 Notice COWICHAN
Date August 15, 2007 File: 3080-20 07.11 Folio: 8036-046 Time 2:00 p.m.
Place Council Chambers
Meeting Development Variance Permit - 6047 Kaspa Road
The North Cowichan Council gives notice that it proposes to pass a resolution to Issue a development variance permit to Leeand Luigi Mansueti, for Kaspa6047 Road (Lot 1, Section 1, Range 3, Comiaken District, Plan VIP78156), shown outlined in bold on the map below, at its August 15, 2007, regular meeting. The meeting starts at 2:00 p.m., in the Council Chambers of the Municipal Hall, located at 7030 Trans Canada Highway, Duncan, BC. The purpose of the proposed permit is to vary section 57.1(7)(a) of the Zoning Bylaw to increase the maximum permitted height for principle buildings, from 9.0 metres to 10.17 metres. The applicant intends to legalize the height of the existing house.
200 FOOT RADIUS-^
Properties within the 200 foot radius line of the subject property are required to receive a copy of this notice.
If you believe your interests are affected by the proposed development variance permit, you may express your views at the Council meeting. If you cannot attend the meeting, please mail or fax your comments to Council at the address and fax number shown below, or send an e-mail to [email protected], before 4:00 p.m., August 14, 2007. If you have questions or wish to see a copy of the proposed permit, you may contact the Planning Department, Municipal Hall, at the address shown below, Monday to Friday (except statutory holidays), between a.m.8:00 and 4:00 p.m., from July 30, 2007, until 2:00 p.m., August 15, 2007. The Municipal office will be closed on the August 6, 2007, statutory holiday.
Mark Ruttan, Director of Administration
7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca
Page 25 of 200 Development Variance Permit (6047 Kaspa Road)
Municipality of North Cowichan
7030 Trans Canada Highway, Box 278 Duncan, BC V9L3X4
Tel 250 746 3100 Fax 250746 3133 www.northcowichan.bc.ca Development Variance Permit (07.11)
To: Lee & Luigi Mansueti
Subject Property: 6047 Kaspa Road (Folio No. 8036.046)
1. This permit is issued subject to compliance with all the District of North Cowichan bylaws that apply to this permit.
2. This permit applies to the lands described below, and any buildings, structures, and other development thereon (hereinafter called the Lands).
Lot 1, Section 1, Range 3, Comiaken District, Plan VIP78156
3. Pursuant to Section 922 of the Local Government Act (RSBC 1996, c. 323), this permit varies Section 57.1(7)(a) of the Zoning Bylaw to increase the maximum height for principle buildings from 9.0 metres (29.53 feet) to 10.17 metres (33.37 feet) to permit the existing house in accordance with Schedules A, B, C and D.
4. This permit is not a building permit.
5. This permit was approved on (date of Council approval), and issued on (date permit completed).
6. This permit will lapse two years from the date of issuance if thepermit holder does not substantially start construction with respect to which this permit was issued.
The Corporation of the District of North Cowichan
Designated Municipal Officer (Imprint of Official Seal)
3080 20 07_11 Permit.wpd
Page 26 of 200 Development Permit (9666 Chemainus Road)
MUNICIPALITY of NOflU Notice COWICHAN
File: 3060-20 07.08 Date August 15, 2007 Folio: 15579.000
Time 2:00 p.m.
Place Council Chambers
Meeting Development Permit - 9666 Chemainus Road
The North Cowichan Council gives notice that it will consider a development permit application from Ukee Holdings Inc., for 9666 Chemainus Road (Lot 4, Section 16, Range 5, Chemainus District, Plan 5881), shown outlined in bold on the map below, at its August 15, 2007, regular meeting. The meeting starts at 2:00 p.m., in the Council Chambers of the Municipal Hall, located at 7030 Trans Canada Highway, Duncan, BC. The applicant intends to re-develop the subject property to accommodate a 50-seat restaurant and retail store. The development permit will vary section 21(4) of the Zoning Bylaw to reduce the minimum required parking spaces from 18 to 6.
Subject Property
200 Foot Radius
Properties within the 200 foot radius line of the subject property are required to receive a copy of this notice.
If you believe your interests are affected by the proposed development permit, you may express your views at the Council meeting. If you cannot attend the meeting, please mail or fax your comments to Council at the address and fax number shown below, or send an e-mail to [email protected], before 4:00 p.m., August 14, 2007. If you have questions or wish to see a copy of the proposed permit, you may contact the Planning Department, Municipal Hall, at the address shown below, Monday to Friday (except statutory holidays), between 8:00 a.m. and 4:00 p.m., from July 31, 2007, until 2:00 p.m., August 15, 2007. The Municipal Hall will be closed on the August 6, 2007 statutory holiday.
Mark Ruttan, Director of Administration
7030 Trans Canada Highway, Box 278, Duncan, BC 3X4V9L Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca
Page 27 of 200 Development Permit (9666 Chemainus Road)
Municipality of North Cowichan
7030 Trans Canada Highway, Box 278 North Cowichan, BC V9L3X4
Tel 250 746 3100 Fax 250746 3133 www.northcowichan.bc.ca
Development Permit (07.08)
To: Ukee Holdings Inc., Inc. No. BC0753258
Subject Property: 9666 Chemainus Road (Folio No. 15579-000)
1. This permit is issued subject to compliance with all the District of North Cowichan bylaws that apply to this permit.
2. This permit applies to the lands described below, and any buildings, structures, and other development thereon (hereinafter called the Lands).
PID: 000-116-076, Lot 4, Section 16, Range 5, Chemainus District, Plan 5881
3. The Lands shall be developed in strict accordance with the following: Schedule 1 Site Plan Schedule 2 Building Layout and Elevations
Pursuant to Section 920 of the Local Government Act, this permit varies Section 21.(4) of the Zoning Bylaw to reduce the minimum required parking stalls from 18 to 6 to permit the redevelopment of the subject property.
4. This permit is not a building permit.
5. This permit was approved on (Date of Council Approval), and issued on (DATE PERMIT ISSUED).
6. This permit will lapse two years from the date of issuance if the permit holder does not substantially start construction with respect to which this permit was issued.
Designated Municipal Officer (Imprint of Official Seal)
Enclosure
3060-20 07.08_permit.wpd
Page 28 of 200 Development Permit (9666 Chemainus Road)
Page 3
Schedule No. 1 Site Plan
staff report Jun18 07 9666Chemainus Rd.wpd 7030 Trans Canvas^ Migttooey, Box 278, Dumsn, 3C V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca
Page 29 of 200 Development Permit (9666 Chemainus Road)
Page 4
Schedule No. 2 Building Layout and Elevations
T!T-7T« f
|
staff report Jun18 07 9666Chemalnus Rd.wpd 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca
Page 30 of 200 Temporary Commercial Use Permit (6759 Considine Avenue)
Temporary Commercial Use Permit Notice is given that the North Cowichan Council proposes to pass a resolution to issue a temporary commercial use permit to GOMI Investments Ltd., for 6759 Considine Avenue (Lots 1 to 10, Block 2, Section 7, Range 5, Comiaken District, Plan 729 - Folio 24014.000), at its August 15,2007, regular meeting. The meeting starts at 2:00 p.m., in the Council Chambers of the North Cowichan Municipal Hall, located at 7030 Trans Canada Highway, Duncan, BC. The purpose of the proposed permit is to allow the applicant to use the property to operate a film studio for a two-year period, subject to conditions set out in Schedule 1 of the proposed permit. Film studio is not a permitted use in the Public Use Zone (PU).
CLOSED ROAD 67T LOT 1 •id Subiectt EL03K 2 Propert} FLAN 29 6752 6759
MANUEY STREET
6741
If you believe your interests are affected by the temporary commercial use permit, you may express your views at the Council meeting. If you cannot attend the meeting, please mail or fax your comments to Council at the address and fax number shown below, or send an e-mail to [email protected], before 4:00 p.m., August 14,2007. If you have questions or wish to see a copy of the proposed permit, you may contact the Planning Department, Municipal Hall, at the address shown below, Monday to Friday {excluding statutory holidays), between 8:00 a.m. and 4:00 p.m., from August 1 until 2:00 p.m., August 15, 2007. The Municipal Hall will be closed on the August 6, 2007, statutory holiday.
Mark Ruttan. Director of Administration
7030 Trans Canada Hwy MUNICIPALITY of Box 278, BC,Duncan V9L 3X4 COWICHAN Ph: 250-746-3100 Fax: 250-746-3133 www.northcowichan. be. ca
Page 31 of 200 Temporary Commercial Use Permit (6759 Considine Avenue)
Municipality of North Cowichan
7030 Trans Canada Highway, Box 278 North Cowichan, BC V9L3X4
Tel 250 746 3100 Fax 250746 3133 www.northcovvichan.bc.ca
Temporary Commercial Use Permit (07.03)
To: Gomi Investments Ltd.
Subject Property: 6759 Considine, Maple Bay School Progfrty {Folio No: 24014-000)
1. This permit is issued subject to compliance with all tp District #i||Jorth Cowichan bylaws that apply to this permit. Jp ,|>
2. This permit applies to the lands described below, arii||ny buildings, structures, and other development thereon (hereinafter called the Lands). ^tata**. %
Lot 1-10, Block 2, Plan 729, Section 7, Rangl|ftomiaken District, PlD:008-585-008
3. Pursuant to Section 921 of the Loca^oveMnffliffict (RSBC 1996, c. 323), this permit authorizes the applicant to operate a film studio fof^tw^eafperiod subject to the requirements detailed in Revised Schedule No. 1.
This permit is not a building .^r
4. This permit was approved on (Dail^jpbouncil Approval) and issued on {Date Permit Issued).
5. This permit will lapse two years from the date of issuance.
Mark Ruttan, Director of Administration Enclosure
4520-35 07.03_Use Permit.wpd
Page 32 of 200 Temporary Commercial Use Permit (6759 Considine Avenue)
Page 3
Revised Schedule No. 1 T em po ra ry UseTemporary Permit Conditions 6759 Considine Avenue
Operating Requirements 1. Hours of operation shall be limited to between 6:00 am and 10:00 pm. 2. The maximum size of vehicles permitted shall be a5 ton truck. 3. New exterior lighting shall be low-level and associated with the entrance way/sign. 4. Outside filming shall be limited to between 8:00 am and dusk.
Site Works and Development 5. No additional permanent building or structures are to be constructed on the property except where associated with the waste water treatment system. Any temporary structures shall have prior approval of Council prior to construction. 6. A waste water treatment system shall be installed on the subject property by December 31, 2007 at a location approved by the Municipality. 7. No other site works are permitted except as necessary for the maintenance and upkeep of existing buildings and facilities (including driveways, utilities, etc) except as byapproved the Municipality. 8. No tree removal is permitted without prior approval from the Municipality and a report prepared by a professional arborist may be required. 9. Any landscaping over and above replanting trees that have been removed requires approval from the Municipality. 10. The 10 individual lots shall be consolidated into one lot by December 31, 2007. 11. The location and type of signage requires prior approval from the Municipality.
revised staff report Maple Bay Film Studio July30 O7.wpd 7030 Trans Canada Highway, Box 278, Duncan, BC V9L3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca
Page 33 of 200 Page 34 of 200 Rezoning (6387 Green Road)
MUNICIPALITY of North COWICHAN Public Hearing Notice The North Cowichan Council will hold a public hearing on Wednesday, August 15, 2007, at 2:00 p.m., in the Council Chambers of the Municipal Hall, 7030 Trans Canada Highway, Duncan, BC. The purpose of the public hearing is to allow Council to receive public input on an amendment to “Zoning Bylaw 1996”, No. 2950. Bylaw 3305 proposes to amend “Zoning Bylaw 1996”, No. 2950, by reclassifying 6387 Green Road (Parcel B, Section 2, Range 5, Somenos District, Plan DD44318I Except Plan 15559, 904 BL), from Residential Rural Zone (R1) to Residential Multi-Family Apartment Zone (R8). The permitted uses in the R8 zone are: Apartment, Limited Home-based Business, Single-Family Dwelling. The applicant intends to build a 3-storey, 36-unit seniors housing apartment complex. The applicant will be required to obtain a development permit to address form and character, including building siting, architectural design, recreation area design, landscaping, and
protection measures for Averill Creek. If you believe your interests are affected by the proposed zoning amendment bylaw, you may express your views to Council at the public hearing. If you cannot attend the hearing, you may write to Council at the address or fax number shown below, or send an e-mail to [email protected], before 4:00 p.m., August 14, 2007. Your submission will become part of the public record. If you have any questions or want to inspect copies of the proposed bylaw and related information, please contact the Planning Department, Municipal Hall, 7030 Trans Canada Highway, Duncan, BC, Monday to Friday (excluding statutory holidays), between 8:00 a.m. and 4:00 p.m., from July 30, 2007, until 2:00 p.m., August 15, 2007. The Municipal Hall will be closed on the August 6 statutory holiday.
Mark Ruttan, Director of Administration
7030 Trans Canada Hwy Box 278, Duncan, BC V9L 3X4 Ph: 250-746-3100 Fax: 250-746-3133 www.northcowichan.bc.ca
Page 35 of 200 Page 36 of 200 Rezoning (6387 Green Road)
BYLAW NO. 3305 Zoning Amendment Bylaw (No. 7 - Green Road), 2007
The council of The Corporation of the District of North Cowichan, in open meeting assembled, enacts as follows: 1 “Zoning Bylaw 1997”, is amended by re-classifying 6387 Green Road (Parcel B (DD44318I) of Section 2, Range 5, Somenos District, Except Part in Plan 15559 and Except Part in Plan 904BL - Folio 5090-000), shown outlined in bold on Schedule “A”, attached to and forming part of this bylaw, from Residential Rural zone (R1) to Residential Multi-Family Apartment zone (R8).
Bylaw readings First reading...... July 18, 2007 Second reading ...... July 18, 2007 Public hearing ...... , 2007 Third reading...... , 2007 Ministry of Transportation Approval ...... , 2007 Adopted ...... , 2007
______M.O. Ruttan, Director of Administration J.W. Lefebure, Mayor
This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan.
Page 37 of 200 Rezoning (6387 Green Road)
Schedule “A”
– 2 –
Page 38 of 200 Licence of Occupation - Mount Prevost Bypass Road
MUNICIPALITY of /V 0/771 Report cowichan
Date August 1, 2007 File 8920-90 TW
To Mayor and Council
From Darrell Frank, RPF, Municipal Forester Endorsed by
Subject Licence of Occupation - Bypass Road
Background TimberWest Forest Company has requested access to its Mount Prevost holdings via North Cowichan's, Mount Prevost Block, ByPass Road. The access would be for timber harvesting and various silviculture activities. Council has previously allowed TimberWest to construct access totheir property with a new road connecting to ByPass Road. Access would allow them to remove an estimated 20,000 cubic metres of TimberWest wood. TimberWest did not remove any of this wood last winter as originally planned due to road construction delays.
Recommendation The Forestry Department would support this request, subject to the following:
1. TimberWest maintain the approved roads during the coarse of this agreement to their current standards or better, as deemed by North Cowichan's Forestry Department.
2. Ensure its log haulers not use thier "jake" brakes within one kilometer of theresidents at the bottom of Mount Prevost.
3. Enter into a Licence of Occupation with North Cowichan to cover this use for athree-year term.
Darrell Frank, RPF Munic ipal ForesterMunicipal
DJF/rp
G:\ForssftSec\DsrreliFrank\clifaugOi.. OJini.TW.LOO_ByPass Rd.wpd 7030 Trans Canada Highway, Box 278 North Cowichan, BC, V9L3X4 Ph Fax250-746-3100 250-746-3133 www.northcowichan.bc.ca
Page 39 of 200 Licence of Occupation - Mount Prevost Bypass Road
TimberWest
TimberWest Forest Company #3 4890 Rutherford Road Phone 250 729-3700 South Island Operations Nanaimo. 8 C. V9T AZA Fax 250 729-3730
Municipality of North Cowichan 7030 Trans Canada Highway Box 278 North Cowichan, B.C. V9L 3X4 July 11, 2007 Attn: Mr. Darrell Frank Municipal Forester
Re: Licence of Occupation - By-Pass Road (Your File NO.: 8920-90 TW)
TimberWest would like to enter into a Licence of Occupation with the Municipality of North Cowichan for the long term use of By-Pass Road to service TimberWest's private properties on the southeast portion of Mount Prevost.
By-Pass Road was recently constructed as a forestry haul road through Municipal Forest Reserve lands. TimberWest would use By-Pass Road for forestry activities which include crew transportation, equipment moves, timber harvesting, log hauling, silviculture and re-forestation operations.
TimberWest has worked cooperatively with North Cowichan's Forestry Department during the construction of By-Pass Road and wishes to continue to foster that relationship.
If you have any questions or require any additional information, please contact the undersigned at 250-246-0425.
Sincerely yours,
TimberWest
"IMBERWEST FOREST COMPANY
rrray Brandon Engineer South Island Operations
cc: Steve Lorimer, TWFC Don Holmes, TWFC James Luxmoore, TWFC
TimberWest Forest Company, a partnership of TimberWest Forest Corp. and TimberWest Holdings Ltd. TW FCCI 3100
Page 40 of 200 Mount Prevost Use
MUNICIPALITY of Report cowichan
Date July 12,2007 File 8920-90 CVSD
To Mayor and Council
From Darrell Frank, RPF, Municipal Forester Endorsed by
Subject Request to Use Mount Prevost for a Walk/Run Prevost-a-thon
Purpose
The Forestry Department would support the annual event use of theForestMunicipal Reserve. The Forestry Department would recommend this use of the Forest Reserve for Friday, October 5, 2007.
Recommendation The undersigned would recommend that Council approve future use by Mount Prevost Middle School for their annual Prevost-a-thon subject to the following:
1. Mount Prevost Middle School staff and volunteers will have appropriate first aid equipment and an emergency plan in case of injuries.
2. The event will take place in fire season, and vehicles accessing Mount Prevost be equipped with fire extinguishers, hand fire tools, andtwo-way radios or cell phones.
3. There will be no smoking in the woods as a precaution for fire season.
4. North Cowichan be recognized for its contribution of the use of the Municipal Forest Reserve lands for this event.
5. Use of the area be coordinated through theMunicipal Forester.
6. The use of Municipal public roads be coordinated through Public Works
7. Be aware this event may be cancelled or delayed due to extreme fire hazard conditions.
8. Be aware there may be active logging activities on the mountain during this event, including logging trucks. Please make all participants, organizers, support staff and volunteers aware of these activities and the dangers involved with logging equipment and trucks,
Darrell Frank, RPF Municipal Forester
DJF/rp
pc Wayne Gourlay Operations Manager
G:\Forest\Sc-c\usir8iiFrankWjuIl2 07/rp Prevosi-a-lhan.'.vpd 7030 Trans Canada Highway, Box 278 North Cowichan, BC, V9L3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca
Page 41 of 200 Mount Prevost Use
COWICHAN VALLEY
Mount Prevost Middle School SCHOOL DISTRICT
RECEIVED July 6, 2007
JUL 1 0 2007
DISTRICT OF .NORTH COWICHAN Mr. Mark Ruttan Municipal Clerk The Corporation of the District of North Cowichan 7030 Trans Canada Hwy. P.O. Box278 Duncan, B. C. V9L 3X4
Dear Mark
We would liketo request the permission of the Municipality to use Municipal lands to hold ourannual Prevostathon walk/run over Mount Prevost. The date that we have tentatively planned forthe event is Friday, October 5, 2007, weather permitting.
This event has taken place annually for well over 25 years with the permission of the District of North Cowichan and has proven to be a very valuable spirit builder for our students and staff. With your continued support we look forward to continuing with this tradition.
Sincerely,
Scott MacLeod Principal
Mount Prevost Middle School a 6177 Somenos Road a Duncan, B.C. V9L4E7 a Tel: (250) 746-7187 a Fax: (250) 746-8715
Page 42 of 200 Zoning Amendment (1988 Maple Bay Road and 5855 Church Road)
MUNICIPALITY of /VO/l/7 Report COWICHAN
Daterw AugustAnniict 1,20071 onm ^ ^ wumFile & ^3360-20 06.20
To Council
From Brigid Reynolds, Planner Endorsed by subject Zoning Amendment for 1988 Maple Bay Rd & 5855 Church Rd.
Purpose To update Council regarding the proposed road upgrades for Cresent Road that have been required as part of this zoning amendment application and if satisfactory, to grant final approval of the zoning amendment bylaw.
Background As Council is aware, a public hearing was held to amend the zoning for the subject properties from R1 to R6 to permit a proposed 35-unit town house development. At its July 18, 2007 regular meeting Council granted 3rd reading for the zoning amendment bylaw. As part of the zoning amendment and in lieu of frontage upgrades to Maple Bay Road, Crescent Road was proposed to be upgraded. As a result of concerns expressed by residents on Crescent Road regarding proposed road upgrades, Council members did a site visit to consider the issues.
Following the site visit Council indicated that it may be possible to widen only a portion of Crescent Rd, i.e. from the access onto Maple Bay Road to the rear service driveway for Cowichan Lodge. Staff have indicated however that it may be prudent to have a contingency should the road widening be deemed to be necessary once the development is constructed and the road is being more heavily used.
In order for Council to consider granting final reading of the zoning amendment bylaw, the applicant has provided a notarized letter of undertaking. The letter of undertaking states that should Council grant final approval of the bylaw a no build covenant will be registered on the subject property until such time that the road upgrades are undertaken and/or bonding in the amount of 125% of the cost of road upgrades will be submitted and all to the satisfaction of the Municipality. The bond is proposed to be held for a period of five years from the date the development permit is issued.
Discussion The developer has indicated his willingness register a no build covenant until such a time that bonding has been secured for any future road improvements and that the bonding be held for a period of five years as this should provide a reasonable time frame to confirm whether the road upgrades will be necessary. When considemg whether to accept this proposal, Council should recall that no frontage upgrades were required for Maple Bay Road as would be the usual case.
Granting final reading enables the developer to undertake the next steps in the development process including undertaking detailed engineering works for the road upgrades to determine the bond amount and to make a development permit application.
Recommendation 1 To accept the applicant's proposal to register a no build covenant on the title of the subject property requiring that the road upgrades to Crescent Road be bonded to the satisfaction of the Municipality
staff report 31 July 07 Maple Glen final reading.wpd 7030 Trans Canada Highway, Box 278, Duncan, BC V9L3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca
Page 43 of 200 Zoning Amendment (1988 Maple Bay Road and 5855 Church Road)
Page 2
and that said bond be held for a maximum period of 5 years. 2. To grant final reading for Bylaw No. 3288 being the Zoning Amendment Bylaw (No. 2 - Maple Bay/Church Roads), 2007.
Brigid Reynolds Planner
staff report. July_07_31 Maple Glen final reading.wpd 7030 Trans Canada Highway, Box 278, Duncan, BC V9L3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca
Page 44 of 200 M & M Meat Shops - National Family Dinner Night
LE5 ALIMENTS RECEIVED
JUL 30 2007
DISTRICT OF MEAT SHOPS NORTH COWICHAN July 20, 2007
Mayor Jon Lefebure North Cowichan, British Columbia:, Box 278 7030 Trans Canada Highway North Cowichan, ON V9L3X4
Dear Mr. Mayor,
On Thursday, September 20, 2007, M&M Meat Shops, Canada's largest retail chain of specialty frozen foods, is encouraging families coast-to-coast to enjoy a meal together in celebration of the third annual National Family Dinner Night.
Family experts and researchers confirm that one of the most valuable gifts parents can give their children is time spent together as a family. Taking this advice, M&M Meat Shops successfully launched National Family Dinner Night two years ago and have encouraged thousands of families to sit down and have dinner together. Through these efforts, M&M strengthened communities and raised more than $52,000 for the Crohn's and Colitis Foundation of Canada (CCFC). This year M&M is hoping to bring even more families across the country together at mealtime.
Last year's program received the support of community leaders from coast-to-coast including the Prime Minister, Premiers and many Mayors of Canada's largest and smallest cities. We would be most honoured if you, as a leader in the community, would provide a letter of support for this community-based initiative and, if possible, formally proclaim September 20, 2007 as National Family Dinner Night. We would truly love to hear your own memories about your family dinners growing up and what getting together for a family meal means to you.
M&M Meat Shops will be asking families to register their participation in National DinnerFamily Night on the website: www.nationalfamilydinnerniqht.com as of August 1, 2007. For every person that registers, M&M will donate $1 to the CCFC.
Of course, we also hope that you will enjoy a family dinner on September 20, 2007, and register your participation in National Family Dinner Night at www.nationalfamilvdinnerniQht.com.
We thank you in advance for your consideration. We will follow up with your office in the next few days. In the meantime, if you have any questions, please do not hesitate to call me at (519) 895-2580 ext. 384.
Thank you for your consideration. Yours truly,
Alison Gelata Public Relations Specialist M&M MEAT SHOPS
640 Trillium Drive, P.O. Box 2488, Station C, Kitchener, Ontario, Canada, N2H 6M3 Tel: (519) 895-1075, Fax: (519) 895-0762, www.mmmeatshops.com
Page 45 of 200 Page 46 of 200 Vancouver Island Recreational Corridor Society - Le VI-athon...
VANCOUVER ISLAND RECREATIONAL DISTRICT OF CORRIDOR SOCIETY NORTH COWICHAN a registered non profil socieiy
July 25, 2007
Mayor and Council of North Cowichan Box 278, Duncan, BC. V9L 3X4
Greetings to the Mayor and Council of North Cowichan Municipality,
I have enclosed with this letter a more complete and detailed description of the Vancouver Island Recreational Society's aims and means, but here I would simply ask that you consider endorsing the following resolution:
"The Mayor and Council of North Cowichan Municipality support the goals of the Vancouver Island Recreational Corridor Society, those being, 'To establish, operate and maintain a continuous, flexible corridor of responsible recreational access over the whole length of Vancouver Island'."
Further, though separately, I would ask for their support for the Le Vl-athon '08 (the Vancouver Island -athon) winch is intended to initiate the establishment of the V.I. R. C. I have also included a brief description of Le Vl-athon and refer you to my info package of May 2007 regarding that event.
Respectfully,
erry Reed Exec Dir of V.I.R.C. Society Co-coordinator, Le Vl-athon project
PO Box134 Stn A, Nanaimo, BC V9R 5K4
Page 47 of 200 Vancouver Island Recreational Corridor Society - Le VI-athon...
V.I.R.C. SOCIETY'S GOAL
TO ESTABLISH, OPERATE AND MAINTAIN A PERMANANT, FLEXIBLE CORRIDOR OF CONTINUOUS, RESPONSIBLE, RECREATIONAL ACCESS FOR FIVE MAJOR RECREATIONAL GROUPS OVER THE WHOLE LENGTH OF VANCOUVER ISLAND.
WE WILL ACCOMPLISH THAT GOAL BY:
ESTABLISHING ONGOING WORKING PARTNERSHIPS WITH ISLAND FIRST NATIONS GROUPS, FOREST LAND TENURE HOLDERS AND LAND OWNERS, RECREATIONAL GROUPS AND PROVINCIAL, REGIONAL AND LOCAL GOVERNING BODIES AND REGULATORY AGENCIES.
BY ESTABLISHING AN ISLAND WIDE ORGANIZATION COMPOSED OF VIRC AREA COUNCILS UNDER THE DIRECTION OF ACENTRAL VIRC SECRETRIAT AND GUIDED BY AN ADVISORY COUNCIL COMPOSED OF REPRESENTATIVES OF ALL MAJOR ISLAND STAKEHOLDERS
Page 48 of 200 Vancouver Island Recreational Corridor Society - Le VI-athon...
Le Vl-athon will establish the Vancouver Island Recreational Corridor
Le Vl-athon (the Vancouver Island -athon) is amonster of a trek over a monster of an Island.
It Will: Showcase the proposed V. I. R. C. route and build support for its establishment.
It Will: Raise funds for the V. I. R.C. Society, help complete the North Coast Trail and support spinal cord research through the Rick Hansen Man in Motion Foundation.
It Will: Directly involve thirteen Island communities and all six Island Regional Districts.
It Will: Demonstrate that Island recreational groups (running clubs, biking clubs, horse riding clubs and paddling clubs) can work together to stage an annual four-day event willthat show the world what the Island's back country has to offer.
It Will: Offer an opportunity for Island businesses and communities to help build a spectacular, lasting recreational tourism venue.
Page 49 of 200 Vancouver Island Recreational Corridor Society - Le VI-athon...
HORSERIOERS
0
END OF OAY THREE McLean's Mill
Le Vl-athon will set up the VI Recreational Corridor.
What will you do to establish "Continuous, Responsible, Recreational Access" over the whole length of Vancouver Island??
PO Box 134, Station A Nanaimo, BC V9R 5K4 Ph/Fx (250) 245-4179 e-mail reedi37(5)shaw.ca
Page 50 of 200 BC Minister of Small Business and Revenue - Single Business ...
BRITISH NORtm^JS1* Of COLUMBIA ^^SltLCOWjg^
The Best Place on Earth
July 26, 2007 169822
His Worship Mayor Jon Lefebure and Councillors District ofNorth Cowichan Box 278 Duncan, British Columbia V9L 3X4
Dear Mayor Lefebure and Councillors:
We are writing to provide you with further information regarding the Single Business Licence, following upon our letter of May 23, 2007. It is our intention to work in partnership with all municipalities to develop a business licence process benefiting both small businesses and municipalities, making it easier to do business in British Columbia and beof economic benefit to all regions.
We have embarked upon a consultation process, including to date, over a dozen consultations with local government management associations, Union of British Columbia Municipalities (UBCM) area associations, the British Columbia Chamber of Commerce and other key partners. onBased these meetings, we have developed a draft proposal for how the single business licence may work for both small business and local government partners.
We have also brought together the Single Business Licence Advisory Group, comprised of representatives from the UBCM Executive, the Small Business Roundtable, the BC Chamber of Commerce, the Canadian Federation of Independent Business, the Economic Development Association of BC and former city administrators.
On July 191 , the Ministry of Small Business and Revenue met with the UBCM Executive and Community Economic Development Committee to discuss the draft model and hear their concerns. We have agreed to ongoing engagement with the Executive on the initiative and have also been given the opportunity to present the draft model at the UBCM Convention in September.
We recognize municipalities are eager to get more information about this initiative. The Advisory Group has met twice, and at the most recent meeting agreed the draft Single Business Licence model should be circulated for discussion. A summary of the draft proposed Single Business Licence model is attached for your information.
Page 51 of 200 BC Minister of Small Business and Revenue - Single Business ...
All of the discussions related to the model are based on the following principles:
• municipalities will retain their authority over business licensing and the existing linkages between licence issuances and other municipal processes will be maintained; • businesses will continue to adhere to the ofbylaws the communities in which they operate; and • the province will not receive any revenue from this initiative and our goal is to develop a model that is revenue neutral for both municipalities and business.
We strongly believe the Single Business Licence Initiative will preserve municipalities' capacity to regulate business activity within their jurisdictions, white enhancing economic development and reducing regulatory burden for citizens, taxpayers and businesses.
We look forward to further discussions and consultations with you on this initiative, to develop a successful model for everyone.
Yours truly,
^y
Rick Thorpe Ida Chong Minister of Small Business and Revenue Minister of Community Services
cc: Honourable Gordon Campbell Premier
Brenda Binnie, President Union of British Columbia Municipalities
Page 52 of 200 BC Minister of Small Business and Revenue - Single Business ...
Single Business Licence A Draft Model Based on Preliminary Consultations
This is a draft model for further discussion and refinement.
1. Principles
All oF the discussions related to the proposed Single Business Licence model are based on the following principles:
* consultation will take place to ensure all parties are in agreement with the model before proceeding toward implementation; 9 municipalities will retain their authority over business licensing and the existing linkages between licence issuances and other municipal processes will be maintained; * businesses will continue to adhere to the bylaws of the communities in which they operate; * the province will notreceive any revenue from this initiative and the goal is to develop a model that is revenue neutral for both municipalities and business.
2. Purpose and Vision
Six regions in the province have already established intermunicipai business licensing schemes: the Capital Regional District; the Cowichan Valley; North and West Vancouver; Trail and surrounding communities; Comox/Courtenay; and, the North Okanagan. These schemes are viewed as being successfulvery by both business and local government.
The October 2006 Report of the Task Force on Community Opportunities identified that the current regulatory environment can be particularly burdensome for businesses operating in multiple jurisdictions, and urged communities across the province to commit to the expansion of region-wide, intermunicipai business licensing schemes.
In a 2005 survey conducted by the Canadian Federation of Independent Business (CFIB), one in four small business owners in British Columbia identified the business licence as being the most onerous administrative task they face. TheCFIB also provides anecdotal reports of businesses turning down work in other areas due to the difficulty in obtaining additional business licences.
The 2006 Small Business Report to Government noted that small business wants government, at all levels, to continue government regulatory reform, identifying and focusing the regulatory reform agenda on issues that are a considerable burden to small business, such as obtaining licences and permits.
Recognizing the success of the current intermunicipai schemes and building on the recommendations from the Task Force Report, at the UBCM Convention in October 2006, the Premier of British Columbia challenged the Union of British Columbia Municipalities and local governments to establish a single municipal business licence.
A Single Business Licence will provide the following benefits for municipalities: streamlined business licensing process; access to comprehensive data on businesses in their area; and, enhanced economic activity within their boundaries. Business will benefit byhaving access to a one-stop business licensing process; easier access to new business opportunities; and, a reduced administrative burden.
Draft-July 24, 2007 Page 1 of 4
Page 53 of 200 BC Minister of Small Business and Revenue - Single Business ...
3. Draft Model for Discussion
A. Definitions
"Single Business Licence" (SBL) - means a business licence that allows the licencee to operate in numerous municipalities. To obtain an SBL, the business must be operated under the same name, the same business number, have the same owner(s), and be of the same business type in all locations.
"Mobile business" - means a business that operates in more than one municipality without an associated storefront (e.g. tradesperson, building contractors).
"Principal municipality" - if the business only has one location or is mobile, means the municipality where a business is located; if the business has multiple locations, business must designate one municipality in which there is a storefront as the principal municipality.
B. General Terms
1. Authority to Operate - For each physical location or each area of operation, a business would not be authorized to operate until the respective municipality has granted the required approvals specific to each location. For new locations or change of address, the business would contact the locating municipality to obtain necessary permits, * licences, verifications of planning, building, health, fire, police, trade qualifications, engineering, bylaws etc.
2.Transfer of Licence - Every SBL would be considered a personal licence to the Licencee and would not be transferable to any other person.
3.Term of Licence / Refunds - Businesses could have the option of choosing a one-year or three-year business licence. Fees would reflect the chosen term of the licence valid from the date of purchase/application. Businesses would not be eligible for business licence fee refunds.
4.Eligible Business Types - All businesses may apply for a SBL with the exception of certain business types. The following business types are suggested for exclusion: escort agencies; massage parlours; pawn brokers; casinos; community gaming centres; vehicles for hire (taxis). These business types would be required to apply for a business licence in each municipality in which they operate, for each premises they operate. The list of excluded business types may be reviewed by UBCM on an annual basis.
5.Fees and Revenue - The following system for fees and revenue is proposed:
o Businesses with one location only would pay the business licence fee as determined by their principal municipality (no change from current process). o Businesses with multiple locations would pay the municipal business licence feeset by the principal municipality plus a SBL fee per additional physical location. This SBL fee would go to the respective municipality where physical location was based. o Municipalities could individually determine their SBL fee for physical locations. o Municipalities would retain the principal municipal fees that they receive. o A mobile business with one location would pay the business licence fee set by their principal municipality plus the SBL fee of $X. The revenue model for the mobile business SBL fee is yet to be determined.
Draft - July 24, 2007 Page 2 of 4
Page 54 of 200 BC Minister of Small Business and Revenue - Single Business ...
The following table presents the same information as above:
Single Business Licence
Principal location Multi-location Mobile Business with only one Business with multiple Business that travels to location obtains licence from locations obtains licence from provide goods or services principal municipality. Pays principal municipality, listing obtains licence from principal principal fee. all locations. Pays principal municipality and has option to fee plus SBL fee for other upgrade to SBL to work Principal municipality retains locations. throughout BC. Pays principal fee. fee plus SBL mobile fee. Each municipality individually No change from current determines their SBL fee. Principal municipality retains process. principal fee. SBL fee is Principal municipality retains shared among municipalities. principal fee. SBL fees go to respective municipalities.
6.Enforcement - Municipalities would have the authority to suspend or revoke any SBL from a business who is in non-compliance with local bylaws, for the location in non- compliance only, even if issued by another municipality. Due process to be followed as per local municipal bylaws. Municipalities would also have the authority to issue fines to businesses who were in non-compliance with local bylaws or who failed to have a valid business licence.
7.Monitoring - Municipalities enter the baseline information about businesses into a central database (e.g. name of business, business number, address(es) of business, type of business, date SBL issued etc.). All municipalities have access to this database. The database provides the ability to send an alert to other municipalities if a SBL is amended, suspended or revoked.
C. Draft Single Business Licence Procedures
Applications
o A business applies for a business licence in the municipality in which they are physically located ("principal municipality"). 9 On the application form, businesses indicate if they want to operate in one municipality, or to operate in multiple municipalities. • Businesses with several locations in several municipalities would designate one site as their principal location. They would applythen for a SBL in the principal municipality, listing all physical locations on the application form. • Mobile businesses would apply for a SBL in the municipality in which they are physically located. On approval by the municipality, they would be authorized to operate anywhere in the province (subject to municipal bylaws). • Out-of-province businesses (with no physical premises in any municipality) who plan to operate in several municipalities would apply for a SBL in one of the municipalities in which they operate. • Businesses based in an electoral area (outside municipal boundaries) who plan to operate in several municipalities would apply for a SBL in one of the municipalities in which they operate.
Draft - July 24, 2007 Page 3 of 4
Page 55 of 200 BC Minister of Small Business and Revenue - Single Business ...
« The SBL would not be a separate licence - it would essentially be an enhanced business licence. Only one application form would be used with an option for the business to select the SBL designation. Only one licence would be issued - it would indicate if the SBL designation was selected. • Businesses would retain the ability to apply for separate business licences for each of their locations (instead of applying for the SBL) if they wished.
Applications for New Locations
o Businesses with an existing SBL that want to expand their operation to a new location would file an amendment to the original business licence with either the principal municipality or new municipality. • The amendment form would indicate the location of new premises and the business would pay the additional fee. • The municipality would update the central database, thereby triggering an amendment alert (potentially via email or other mechanism) to the municipality where new location is based municipality").("locating • Once the status of a new location was changed from "pending" to "approved", an automatic communication (via e-mail, fax or letter) would be issued to the business advising them of the approval.
Change of Address
• If any locations of a business are moving, the business would file an amendment to the Single Business Licence with the either the principal or locating municipality for a $X fee that would be retained by the municipality as an administration fee. • The municipality would update the central database, thereby triggering an amendment alert to the locating municipality (if needed).
D. Example Scenarios
« Clothing retail store in City of Nanaimo wants to open a second store also in Nanaimo: would require amendment to a SBL from City of Nanaimo for new location. • Coffee shop has three locations in two municipalities: designate one location as their principal location and apply for a SBL in that municipality (list all locations on application form). • Plumbing business has a shop in City of Vancouver and acrossoperates Lower Mainland: Acquires a business licence and mobile SBL from the City of Vancouver, allowing them to operate anywhere in BC. • That same business now wants to set up a shop in City of Kelowna: they would file a SBL amendment with Vancouver or Kelowna. Address of second location entered into database, which triggers an alert to the City of Kelowna. • Electrician from Calgary wants to do work in City of Prince George: acquires SBL from City of Prince George — can now work anywhere in BC. • Caterer operating from rural home (in an electoral area) wants to deliver food in ofCity Nelson: acquires business licence from City of Nelson. No change from current process. • Same business now wants to deliver food in City of Castlegar as well: they would upgrade to a mobile SBL, allowing them to operate anywhere in BC.
Draft - July 24, 2007 Page 4 of 4
Page 56 of 200 BC SPCA - Regulation of Exotic Animals
RECEIVED
1 2007
BCSPCA Administration Centre T 604.68l.727i F 60^.681.7022 1245 East 7th Avenue I.8OO.665.IB6S Vancouver BC V5T1R1 www.spca.bc.ca BCSPCA
July 305 2007
Dear Mayor and Council,
Re: Regulation of Exotic Animals
On May 15, 2007, the City of Vancouver passed a motion to forward a resolution (attached) to the September UBCM convention requesting that the provincial government regulate the possession of exotic wildlife in the revision of the BC Wildlife Actwhich is already in process. We would like to request your support for this resolution and offer our ., assistance in providing more information on thesubject to Mayor and Council and specifically the TJBCM convention delegate.
Under the current Wildlife Act, exotic wild animals such as tigers, lions, primates, crocodiles, and venomous snakes are considered as domestic animals in BC. Thus there is no legislative authority to regulate or monitor their activities which may risk public health and safety. The recent mauling death of a Mile100 House woman by a privately-owned tiger is an example of the tragic consequences of the lack of regulations for exotic wild animals. It was only a few years earlier that tlie owner had moved out of another community that changed their by laws to prohibit tigers and other exotics. ' i i Although several municipalities have by-laws to prevent the possession of exotic animals, the patchwork of individual and diverse by-laws still allows owners to move from one .. - . community to another, never having to register tlie potentially dangerous animals. Thus, there is no uniform provincial approach to address the many of the health, animal welfare, and environmental issues presented by tlie exotic species pet trade which has exploded in tlie past 20 years throughout North America with' captive breeding techniques and such marketing tools as the internet. I 1
There are many concerns regarding the keeping of captive-bred and wild-caught exotic pets, including:
• They may carry transmittable diseases (rabies, herpes, salmonella, monkey pox, SARS); • They can pose asafety threat because some retain their defensive instincts and predatory nature; ;
SPEAKING FOR ANIMALS British Columbia Society for the Prevention of Cruelty to Animals
Page 57 of 200 BC SPCA - Regulation of Exotic Animals
• Many wild species are negatively impacted in their native country as populations decline dramatically as a result of exportation; • Many animals suffer and die during capture and import/export; • Generally owners are uninformed as to the adequate welfare needs of the animals; • The exotic animals may live long lives and out-live their owners; • They may be abandoned because they have lost their novelty appeal or become too big, difficult, expensive or problematic to care for, and lastly; • They may be released into the wild and consequently assuffer a result because they lack the physicalthe and behavioural attributes necessary for survival in their foreign habitats, or thrive resulting in the disappearance of native wildlife.
In April 2007, the Ministry of Environment announced a review of its Wildlife Act - the first such review in 26 years. The BC SPCA provided a detailed submission to the process f www.spca.bc.ca/WildlifeAct/'), and specified how effective exotic pet regulations can be achieved ausing provincial approach under the new legislation changes. A new definition of "wildlife" would ensure that all speciesexotic currently present or that may be imported into BC in future, are regulated and there is the legal authority to prohibit, limit transfer and/or confiscate such species if they have the potential to threaten public safety or transmit disease. A list of exotic species that should be prohibited for private possession, breeding, and trafficking was ^ presented, and conditions for care standards and possession by accredited education or breeding facilities ora current owner were suggested.
The BC SPCA's call for the regulation of exotic wildlife under the Wildlife Act has been endorsed by: Critter Care Wildlife Society Mountainaire Avian Rescue Sierra Legal Vancouver Humane Society Wildlife Rehabilitators Network of BC Wildlife Rescue Association of BC Zoocheck Canada
We thank you for your consideration of this issue and we would ask if you could please let us know by email ([email protected]) if you intend to support the UBCM resolution, as we will be acknowledging these municipalities and other endorsers on the BC SPCA website. We will be in touch shortly to follow-up on our request.
Sincerely,
Craig Daniell Chief Executive Officer
Page 58 of 200 BC SPCA - Regulation of Exotic Animals
LATE DISTRIBUTION FOR COUNCIL - MAY 15, 2007
MOTION ON NOTICE
3. Exotic Animal Amendments to Wildlife Act (VanRIMS No. 01 -5500-20)
At the Regular Council meeting following the Standing Committee on Transportation and Traffic meeting on May 15, 2007, Councillor Capri submitted the following Motion. Councillor Stevenson called Notice under Section 5.4(c) of the Procedure By-law.
MOVER: Councillor Capri SECONDER: Councillor Lee
WHEREAS many BC municipalities, including Vancouver, have enacted by-laws prohibiting the sale and ownership of exotic animals for reasons of public safety, health and animal welfare, there is no harmonized province- wide approach;
WHEREAS the Wildlife Act does not recognize exotic animals as "wildlife" and thusprovides inadequate legislative authority for government to regulate;
AND WHEREAS the Ministry of Environment is currently considering amendments to the Wildlife Act to address the issue of alien and exotic species:
THEREFORE BE IT RESOLVED THAT the Union of BC Municipalities request that when making amendments to the Wildlife Act, the Ministry of Environment specifically regulate the keeping and sale of exotic animals in BC by including a list of exotics animals that are prohibited for keeping or sale in BC;
AND BE IT FURTHER RESOLVED THAT this resolution be forwarded to other UBCM member municipalities and be forwarded to UBCM convention in September for endorsement.
notice
*****
Page 59 of 200 BC SPCA - Regulation of Exotic Animals
APPENDIX A PAGE 1 OF 1
Supplementary Material
The issue of exotic/wild animals in captivity warranted investigation because of ongoing pressure by the public, animal advocate groups and animal-related professional organizations that have raised concerns about the lack of regulations. Municipalities have often used the term exotic or wild animal in by-laws adopted to protect the welfare of such animals in captivity as well as public safety and health. As definitions of exotic, wild, prohibited and dangerous animals differ from one regulatory document toanother, there is no harmonized list of which species are not appropriate for possession or sale. The Wildlife Act currently provides no direction for municipalities and some municipalities have no authority under their community charters. There is an opportunity for municipalities to work in partnership with the Ministry of Environment to ensure that uniform rules are effectively enforced.
Exotic/wild animals are obtained through an extensive network of pet stores, amateur owners, professional breeders and dealers that use advertising, personal contact, speciality magazines and the Internet to sell their product. Although many exotic/wild animals are bred in captivity, others are removed from their wild habitats in countries such as Asia, Africa, Latin America and Australia and either imported directly to Canada or re-exported from suppliers in the US. The following are thekey arguments in favour of a ban. Exotic/wild animals: • areby threatened trade, • suffer during import/export, • pose safety threat because some retain their defensive instincts and predatory nature, • may carry transmittable diseases (i.e. salmonella), • owners are uninformed, • live long lives and out-live their owners, • may be abandoned because they have lost their novelty appeal or become too big, difficult, expensive or problematic to care for, and • may be released into the wild and co nsequently suffer as a result because they lack the physical and behavioural attributes necessary for survival in their foreign habitats.
Page 60 of 200 Smart Growth BC - A Legal Review of the Question of 'Communi...
-»
Mayor and Council DlSTRlC'lSfflprtGrOWtliBC District of North Cowichan pTH CQwTCHANj Box 278 Duncan, BC V9L 3X4
To Whom It May Concern:
Re: The Agricultural Land Reserve: A Legal Review of the Question of "Community Need"
We are writing to you today to provide you with information regarding a report that we released in April 2007 -A Legal Review of the Question of "Community Need." The report was written for Smart Growth BC by land use lawyer Deborah Curran. Ms.Curran examined the Agricultural Land Commission's recent (since 2002) attention to the criteria of "regional responsiveness" and "community need" when considering applications for exclusion of farmland from the Agricultural Land Reserve (ALR). The results of the report indicate that any reference to "community need" with regard to ALR exclusion applications is contrary to the legislated authority of the Agricultural Land Commission (ALC) and the governing Agricultural Land Commission Act. The only criteria that may be legally considered is the suitability of the land for farming, based on scientific and mapping analyses. For communities with ALR land within its boundaries this report has important legal implications for elected officials when considering applications that use the "community need" argument for changes to the ALR for exclusion or non-farm use. The report may also affect the criteria that Agricultural Land Commissioners use to make final decisions regarding ALR removal and non-farm use applications. We have included a copy of the executive summary of the report for your information and urge you to download the complete report from our website (www.smartgrowth.bc.ca).
Smart Growth BC is a non-governmental non-profit organization with a mandate to support citizens, community organizations and local governments in their efforts to create more livable communities throughout British Columbia. One of our guiding principles is to protect and enhance the ALR to ensure the viability of the agricultural industry and ensure the food security of BC residents both now and in the future. 2005,Since we have hosted "Farmland Forever" workshops in Comox, Port Kells, Pemberton, and Kelowna to highlight planning and policy tools available for local and regional governments who are striving to grow their communities without compromising the ALR. We have also published a State of the ALR report, Smart Growth BC's Position on the ALR, and a Citizen's Guide to Protecting Farmland in BC, all of which are available on our website.
A renewed commitment to our ALR is not only essential to the future of ourfood security and BC's vibrant agricultural industry, but also to the protection of community character across British Columbia. Accommodating population and economic growth without expanding our settlement areas onto farmland is a challenge for BC communities to embrace. Smart Growth BC is one of many organizations thatoffer awealth of resources and support in meeting this challenge.
For more information on successful smart growth strategies, to share your successes with others across theprovince, or to have a Smart Growth BC workshop held in your community, please visit our website at www.snicirtgrowth.bc.ca or contact us at 604-915-5234.
Sincerely,
Cheeying Ho Executive Director
Creating more livable communities I 314, 402 West Pender Street, Vancouver, B.C. V6B 1T6
T 604.915.5234 F 604.915.5236 W www.smartgrowth.bc.ca
Page 61 of 200 Smart Growth BC - A Legal Review of the Question of 'Communi...
a?s Agriculturalg Land
i Keview or nity
Prepared For:
rtGrowthBC
#314-402 West Pender St. Vancouver, B.C. V6B 1T6
Prepared By: Deborah Curran Lawyer
April 4, 2007
Funded by:
West Coast Environmental Law
Page 62 of 200 Smart Growth BC - A Legal Review of the Question of 'Communi...
Table of Contents
Report Summary i
1. Introduction: The Context 1 1.1 Agricultural Land in British Columbia 1 1.2 The Agricultural Land Reserve 3 1.3 Effect of the Agricultural Land Reserve 5
2. History of the Farmland Protection Purpose of the Agricultural Land Reserve 7 2.1 The Agricultural Land Commission Act and Commission 7 2.2 Section 6: Purpose of Preserving Farmland 9 2.3 Judicial Comment 12 2.4 Commission's Comment , 14
3. History of the Community Need Criteria 15 3.1 No Community Need Criteria Pre-2002 ..15 3.2 Recent Service Plans Consider Community Need Criteria 15 3.3 Decisions Based on Community Need Criteria 17 3.4 Legality of Community Need Criteria 18
4. Conclusion 21
Appendix A: Summary of References to Community Need 23 1. Annual Reports 2000-20005 23 2. Annual Service Plans 29
Appendix B: Summary of Recent Decisions Considering Community Need 35
Appendix C: Bibliography 38
Smart Growth BC - The Agricultural Land Reserve and the Question of Community Need April 4, 2007
Page 63 of 200 Smart Growth BC - A Legal Review of the Question of 'Communi...
Report Summary
The purpose of this report is to examine the Agricultural Land Commission's ("the Commission") recent attention to the concepts of "regional responsiveness" and "community need" in light of its mandate to preserve agricultural land as set out in the Agricultural Land Commission Act (the "Act").
In British Columbia less than 5% of the land base is suitable for growing a range of agricultural crops. Of this, much of the prime farmland (less than 1% of the land base) is largely concentrated in the most urbanized areas where population growth and pressure to convert farmland to urban uses is highest. This situation motivated the provincial government to establish an agricultural zone, the Agricultural Land Reserve ("ALR") in 1973.
The ALR program is based on a number of principles. It is in the provincial interest, and the provincial government is best able, to steward the long-term food system needs of the citizens of British Columbia. The ALR andprogram the Commission's role is for the principle purpose of preserving the non-renewable farmland base. The purpose is to preserve the ability of the land and the farm community in the ALR to produce food, not to balance competing landuses orto negotiate the use of farmland for non-farm uses. The ALR is a provincial land use zone that emphasizes agricultural uses. Designation of farmland in the ALR is based on the objective biophysical factors of soil and climate suitability for agriculture.
Given these principles, itis important to note that the Commission works with local governments to ensure that plans and bylaws are consistent with the zone, and that urban growth is directed away from the zone, in recognition that the ALR is not a land reserve for future urban uses. In the context of North American regional development, the ALR has protected farmland and contained urban areas more rigorously than provincial, state and local government efforts in most other jurisdictions. Since its inception, all provincial governments in B.C. haveendorsed the ALR regime.
However, the Commission's consideration of community need is neither an express power nor an implied power authorized by the Act, and it is inconsistent with principles of administrative law. It is also inconsistent with the Commission's long standing position and approach to decision-making for preserving agricultural land. The courts have affirmed the validity of the ALR regime, and have refused to adopt tests or criteria for Commission decision-making that do not derive from the purposes contained in section 6 of the Act, namely to preserve agricultural land.
The provincial government itself has exercised a balancing of community needs in the ALR regime in a number of ways. It recently introduced a broader range of allowable land uses in the ALR and expanded local government's role through regulation, and, in doing so, balanced community interests with farmland preservation. It has also exercised a balancing of community needs through section 13 of the Act where a
Smart Growth BC - Farmland Protection and Community Need April 4, 2007 i
Page 64 of 200 Smart Growth BC - A Legal Review of the Question of 'Communi...
facilitator may consider social, economic, environmental and heritage factors when making a recommendation on an application to the Commission. No such authority has been accorded to the Commission in section 6 of the Act. The analysis in this report of the Act, judicial comment about the ALR regime, Commission decisions prior to 2002, and recent changes in regulation show that the Commission's consideration of community needs is contrary to its legislated authority.
In the 30 year history of the ALR, the focgscurrent on community need is a recent occurrence that was first considered at the time of the Core Review process in 2002 and introduced through the Commission's Service Plan performance measures and targets in 2002. The Service Plans can be considered policy documents that provide general guidance but do not limit the Commission's decision-making authority. Contrary to section 6 of the Act, Service Plans contemplate that exclusions of suitable ALR will be compensated by a 'net benefit' to agriculture or by satisfying a community need through planning, and that minimizing the amount of land removed from the ALR for community need is not required. They also establish targets for the percentage of decisions where community need is a factor.
In conclusion, the incompatibility of preserving agricultural land and attending to community need leaves British Columbian's with two choices: (1) reaffirmthe provincial priority to preserve farmland by removing from the Service Plans statements about decisions based on community need; or (2) amend 6section of the Act to expand the purposes of the Commission and ALR inthat recognition there is no longer a provincial priority for preserving agricultural land. The former choice will seethe continuation of the province's effective farmland preservation program. The latter choice will transform the ALR to an urban reserve and see the gradual conversion of farmland to non-farm uses in many areas of the province. This choice will have fundamental implications for regional sustainability - economic, environmental and social - and in particular food security.
For a copy of the complete report please visit:
http: //www.smartgrowth.bc.ca - a link to the report is on the front page of the website.
Alternatively, for a direct link to the PDF please go to:
http: // www.smartgrowth. be .ca/Portals/O/Downloads/Communitv _need_and_the_ALR_legaLreview.pdf
Smart Growth BC - Farmland Protection and Community Need April 4, 2007
Page 65 of 200 Page 66 of 200 The Village of Port Clements - Eye Exam Coverage under BC Me...
T-L wi ~ r P.O. Box 198 The Village Of Fbrt Clements, B.C. PORT CLEMENTS Fax: (230)557-4568 E-mail: [email protected]
July 24, 2007
Resolution for the Inclusion of Routine Eye Examinations under the British Columbia Medical Services Plan
THE VILLAGE OFPORT CLEMENTS COUNCIL 2007 UBCM Resolution Submission
WHEREAS; the British Columbia Optometrists Association has determined and published case studies identifying that many serious conditions, including diabetes, high blood pressure, and brain tumors, can be detected during a routine eye exam.
AND WHEREAS; The Village of Port Clements Council thatrecognizes preventive measures and early detection of serious medical conditions is critical to the good health of British Columbia citizens and the reduction of health costs.
THEREFORE; BE IT RESOLVED that the Union of British Columbia Municipalities forward a recommendation to the Ministry of Health that regularly scheduled routine eye examinations be covered under the British Columbia Medical Services Plan.
Cory Delves Mayor
Page 67 of 200 Page 68 of 200 Cowichan Valley Soccer Association - Proposed Somenos Road P...
RECEIVE
JUL 1 7 2007
THE DISTRICT OF COWICHAN VALLEY SOCCER ASSOCIATION™ COW1CHAN ♦ ♦♦ PO Box 708 ♦Duncan, BC, V9L 3Y1 ♦Canada
Mayor and Council July 6, 2007 District of the Municipality Of North Cowichan
Members of the Cowichan Valley Soccer Association executive have reviewed the most recent plans for the new playing fields on Somenos Road. We are delighted with theinclusion of two full sized soccer fields in the design. The fields will be a welcome and handy addition. We have a registration of approximately 1400 youth and 150 adult players divided into 80 house league teams and 40 inter teams.club Presently we use Mt. Prevost School, McAdam Park, Rotary Park, Francis Kelsy High School, Kerry Park Recreation Center and the Chesterfield complex to supplement the club fields at Sherman Road. The new fields will help to consolidate game planning, field marking and the distribution of equipment. They will also provide more practice area in the early part of the season while light prevails. We are extremely pleased to have been included in the layout of this park and thank council and staff for this consideration. One suggestion that we hope will be considered is the inclusion of change rooms. Change wouldrooms make this new park available for any type of event.
Bruce Ovans Equipment and Fields Manager Cowichan Valley Soccer Association
Page 69 of 200 Page 70 of 200 Homeowner Protection Office - Proposed 'Homeowner Protection...
July 9, 2007 1 7 2007
JHE DISTRICT OF Mayors and Members of Council NORTH COWICHAN Homeowner District of North Cowichan Protection Office 7030 Trans Canada Hwy Duncan BC V9L 3X4
Dear Mayors and Members of Council:
Re: Important changes to the Homeowner Protection Act
I am writing to advise you about important forthcoming changes to the Homeowner Protection Act that will strengthen protection for new homebuyers and raise the bar of professionalism in the residential construction sector, providing consistency and improving the quality of construction in British Columbia.
In brief, the amendments: • Provide a framework to strengthen licensing requirements for residential builders; • Require anyone wishing to build a home under the owner-builder exemption to meet more stringent criteria and pay a fee; • Strengthen enforcement provisions, including compliance orders and penalties; • Permit the Homeowner Protection Office (HPO) to provide more information on builders and homes on the public registry; and • Provide an internal review and independent appeal process for both licensed builders and owner-builders.
The amendments are the result of18 months of consultation by the HPO with industry groups, local government, consumers and members of the public. The residential construction industry and consumer groups have welcomed the changes which will help the homebuilding industry to serve its customers better and give homebuyers the confidence they need.
The Act will be brought into force by means of a regulation which is currently being drafted. When the regulation is approved, we will provide more detailed information to you including specific provisions and the date that the Act and new regulation will come into force.
The amended Act continues to rely on the cooperation and support provided by local governments through building permit processes where these exist. One of ourkey aims in introducing these new consumer protection measures is to limit any negative impact on our local government partners.
/2
PO Box 11132 Royal Centre 604646 7050 telephone 1800 407 7757 Suite 2270-1055 W Georgia St 604646 7051 facsimile [email protected] email Vancouver BC V6E 3P3 www.hpo.bc.ca website
Page 71 of 200 Homeowner Protection Office - Proposed 'Homeowner Protection...
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We will make every effort to keep you and your staff informed of these throughchanges letters, our Building BC newsletter and via our HPO website. Attached is a Questions and Answers document with more details about the changes.
If you anyhave further questions about the Homeoumer Protection Amendment Act please contact me at (604) 646-7056, email: [email protected], or toll-free at 1-800-407-7757.
Yours truly,
Ken Cameron Chief Executive Officer
Attachment Questions & Answers - About the Homeowner Protection Act Important Information for Local Government and Building Officials
Page 72 of 200 Homeowner Protection Office - Proposed 'Homeowner Protection...
QUESTIONS & ANSWERS About the Homeowner Protection Amendment Act
IMPORTANT INFORMATION FOR LOCAL GOVERNMENT AND BULDING OFFICIALS
Q: What is the new Homeowner Protection Amendment Ac& A: The amendments to the Homeowner Protection Actput in place stronger protection for new homebuyers. In brief, the amendments strengthen licensing requirements for residential builders; require anyone wishing to build a home under the owner builder exemption to meet more stringent criteria; strengthen enforcement provisions, including compliance orders and penalties; permit the Homeowner Protection Office (HPO) to provide more information on thepublic registry; and provide an internal review and independent appeal process for both licensed builders and owner builders. These changes ensure that homeowner protection legislation in British Columbia is both strong and fair.
The Homeowner Protection Amendment Act has a dual benefit. It will simultaneously increase consumer protection for buyers of new homes and help raise the bar of professionalism in the residential construction sector, providing consistency and improving the quality of construction in B.C.
Q: Why are more stringent measures required to protect new homebuyers? A: Some builders were using the owner builder exemption to compete unfairly with licensed residential builders by avoiding licensing and home warranty insurance requirements. This practice has eroded consumer protection and created unfairness in the industry. The amendments will ensure that only individuals who intend to build homes for their own personal use are issued an owner builder exemption. Individuals who abuse the exemption by building and selling shortly after will be restricted. These changes will increase protection for homebuyers and provide a stronger licensing program for residential builders.
Q: How will the HPO address this abuse? A: The Act provides the Homeowner Protection Office with the compliance tools necessary to improve its regulatory role in the residential construction industry. These include compliance orders and administrative monetary penalties.
Q: What will the new Homeowner Protection Amendment Act require owner builders to do? A: This legislation will require anyone wishing to build their own home under an owner builder exemption to meet specific criteria, obtain an authorization from the HPO and to pay a fee to cover administration and compliance costs associated with the owner builder authorization.
PO Box 11132 Royal Centre 604 646 7050 telephone [email protected] email Suite 2270-1055 W Georgia St 604 646 7051 facsimile www.hpo.bc.ca website Vancouver BC V6E 3P3 1 800 4077757 toll-five
Page 73 of 200 Homeowner Protection Office - Proposed 'Homeowner Protection...
Q: How will the new Homeowner Protection Amendment Acttighten eligibility requirements for owner builder authorization? A: The Homeowner Protection Amendment Acttightens eligibility requirements for the owner builder authorization by setting restrictions on sale, strengthening personal-use requirements and increasing waiting periods for repeat owner builders. The Registrar will have some discretion to waive certain requirements of an owner builder authorization in cases of personal hardship.
Q: How will the Homeowner Protection Office enforce the Ac& Ai The amendments provide authority for: 1) The use of administrative monetary penalties and compliance orders in enforcing the Act. 2) An internal review process and external appeal mechanism for decisions of the Registrar, including administrative penalties, owner builder authorizations and builder licences; and stronger authority for the Registrar to deny, suspend, cancel or impose conditions to a residential builder licence.
Q: How will these changes affect local government building officials? A: Not much at all. There will be a new Owner Builder Authorization form that owner builders will have to submit in support of the building permit application. This new form will replace the existing Owner Builder Declaration form. Hie HPO will ensure that building department staff receive sample copies of the new form before the new requirements come into force. Other than that, not much will change from the local government's point of view. Building officials will continue to review the document, enter building permit information on the form and return it to the HPO.
Q: What is the biggest difference that building officials will notice at their municipal building counters? A: The look of the form that owner builders will provide to confirm they have received authorization will change. The new Owner Builder Authorization form will be a more simplified, single copy, letter-sized document. Owner builder information will be collected and entered up front by the HPO and the authorization will be printed by the HPO with all of the information on it. The municipality will no longer have to review the form for completeness, only to ensure that the information provided by the HPO corresponds with the building permit information.
Q: Can building officials at local government building counters expect a negative reaction from owner-builders? A: While there is broad acceptance of these changes from both the residential construction industry and consumer groups, building officials may encounter some resistance from owner builders who will now be required to obtain an authorization from the HPO and to pay a fee to cover administration and compliance costs associated with the owner builder authorization. The HPO is making every effort to inform potential owner builders of the new requirements before they are brought into force. The processing time required to obtain owner-builder authorization from the HPO is not expected to be longer than the current process. The HPO's toll-free 1- 800-407-7757 information line is always available for those with questions or complaints.
Page 74 of 200 Homeowner Protection Office - Proposed 'Homeowner Protection...
Q: How will owner builders apply for authorization? A: A user-friendly application process will be available online at www.hpo.bc.ca. For applicants who are not Internet users, a paper process will also be in place.
Q: Will false owner builders be able to change the form in order to "transfer" it to someone else or to another property? A: No. The form will be pre-printed and anv. alteration will invalidate the form.
Q: What are the main benefits of the new Homeowner Protection Amendment Ac& A: Stronger, more effective and efficient consumer protection.
More effective because: 1) It protects consumers better by: • Increasing consumer protection for buyers of new homes and helping to raise the bar of professionalism in the residential construction sector.
• Enhancing disclosure requirements for the sale of owner-built homes. More buyers will be aware that they are buying an owner-built home without home warranty insurance.
• Authorizing the HPO to post additional information on licensed builders, owner builders and new homes on the public registry, which will inresult better-informed purchasing decisions.
• Ensuring that the HPO can introduce morelicensing stringent requirements over time to raise the bar of professionalism in the residential construction sector.
2) It enhances enforcement by: • Addressing abuse of the owner builder exemption from licensing and warranty insurance requirements.
• Helping to level the playing-field for licensed builders.
• Putting an end to the licensed builder subsidy of owner builder administration and compliance.
• Providing additional compliance tools to the HPO that can be used for licensed builders as well as owner builders. This will allow the HPO to respond more quickly to violations of the Homeowner Protection Act.
• Enhancing the Registrar's ability to regulate licensees.
More efficient by: • Allowing the HPO to authorize owner builder exemptions and charge a fee for the service.
• Providing some flexibility in the Registrar's authorization of owner builder exemptions if there are extenuating circumstances for genuine owner builders.
• Establishing an appeals mechanism for licensing and owner builder authorization decisions.
More information about the Homeowner Protection Amendment Act i% available from the What's New section of the HPO website at www.hpo.bc.ca
Page 75 of 200 Page 76 of 200 Yolanda Hailey - Request to Amend Bylaw 2856
August 8,2007
Attention: Mayor Jon Lefebure & North Cowichan Council
I would like to request the following modifications to By-law #2856 Section 46
Replace the words "Farm animals" to the words "Live stock", which is the norm for most Municipalities in BC.
I would also like to suggest including the words: "with the exception of any miniature horse which shall not exceed a height of thirty-eight (38) inches in accordance with the American Miniature Horse Association's regulations for Class B horses, which are treated as household pets". They should therefore be listed under the category of small animals, the same as dogs.
The following is the definition of Livestock and Pets quoted from an online dictionary;
"Livestock" animals kept for sale: animals, raised for food orother products, or kept for use, especially farm animals such as meat and dairy cattle, pigs, and poultry
"Pets" an animal kept for companionship, interest, or amusement
Miniature horses can be trained to live in a house the same as a dog. They produce no more excrement than a Doberman or Great Dane. They arethe same size and weight as a large dog.
According to, "The official website of Miniature Horses BC, miniature horses are "ideal pets for young children, adults, senior citizens and the handicapped."
West Vancouver, a densely populated, upscale community, under By-law #2539 sect 21- 109 recognizes miniature horses as a pet that can be kept in a single family dwelling, (attached)
This bylaw modification will also address potential liabilities concerning individuals with physical and emotional disabilities who may require the services of unconventional animals. Miniature horses are becoming thepreferred seeing eye assistants for sight impaired people. They live longer, are known for their mild mannerism, easy to train and can becan house trained. (Refer to guidehorse.org)
It also addresses the confusion of the definition of the term "pet".
In conclusion, please review the attached material regarding how other jurisdictions have dealt with thisissue.
Thank you for your consideration into this matter.
olanda Hailey 1885 Sandra Place Duncan, BC V9L 5A4
Page 77 of 200 Page 78 of 200 Minister of Economic Development - BC/Alberta Trade, Investm...
BRITISH Columbia AUG - 8 200? Best Place on Earth
August 1,2007 Ref: 69859
Dear Mayor and Council/Chair and Board Members:
As you know, the British Columbia-Alberta Trade, Investment and Labour Mobility Agreement (TILMA) entered into force on April 1, 2007. The TILMA requires consultations and negotiations to extend coverage to the broader public sector, including local governments by April 1, 2009.
Over the past few months, there uas been incorrect information spread by groups that have traditionally opposed initiatives to create open and competitive markets. The Agreement's critics, for example, claim local governments will lose control of local decision-making power, the ability to make by-law, and face added legal fees and non- compliance penalties by the province. While most local governments correctly disbelieve these claims, there is always the chance that misinformation will lead to a certain amount of misunderstanding.
In previous correspondence, I have provided factual information and invited you to contact me with any questions or comments. The invitation to consult on any measure or how it might apply to local governments remains open at your convenience. In the meantime, the Ministry of Economic Development is working with the UBCM to finalize a formal consultation agreement on TILMA. I have formally welcomed the UBCM's participation in the TILMA negotiation process and this will provide an additional opportunity for local governments to give their input and expertise into this Agreement so its benefits can be maximized.
Ministry officials are willing to speak with, or to meet with, any council/board wishing to seek information and provide input into the negotiations to extend the TILMA to local governments. Such discussions would provide an opportunity to present a thorough and accurate overview of TILMA, explain and consult on appropriate procurement levels, and provide an opportunity to discuss any required specialexclusions, provisions, and transitional provisions.
Ministry of Mailing Address: Location: Economic Development Minister PO Box 9046 Sin Prov Govt Parliament Buildings. Victoria and Minister Responsible Victorin BC V8W 9E2 website: www.gov.bcca/ecdev for the Asia Pacific Initiative Telephone 250 356-7411 and tile Olympics Facsimile: 250 356-6376
Page 79 of 200 Minister of Economic Development - BC/Alberta Trade, Investm...
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If you or council/board wish to speak with, or coordinate a meeting with Ministry officials, please contact Guy Gensey by telephone at 250-952-0453 or by email at [email protected]
Electronic copies of the TILMA and a range of relevant information are available on our website at www.gov.bc.ca/ecdev
I look forward to successful implementation of this important initiative, and to its benefits to all communities in British Columbia.
Yours truly,
Colin Hansen Minister
cc: Honourable Gordon Campbell Premier of the Province of British Columbia
Honourable Ida Chong Minister of Community Services
Ms. Brenda Binnie President Union of British Columbia Municipalities
Page 80 of 200 Minutes - June 22 and July 27
MUNICIPALITY of North Minutes COWICHAN
Meeting Advisory Planning Commission
Date June 22, 2007
Time 12 Noon
Place Large Committee Room
Members Present Kevin Bavaro, Chair; Giles Villeneuve; Harvey Elbe
Staff Present Brigid Reynolds, Planner; Matthew Fitzgerald, Planning Student
Agenda The Commission adopted the agenda, as amended, to include: Item 3.2., Trans Canada Highway Proposed Assesment discussion paper prepared by Hiram Beaubier, Item 3.3., a presentation regarding Carbon Footprint by Dr. Dave Preikshot and, Item 4.1 Committee Request.
Minutes The Commission adopted the minutes of the meeting held June 8, 2007.
The committee reviewed the minutes of the Technical Planning Committee meetings held June 12 and June 19, 2007.
Business:
Indicator/Benchmark Planning Student, Matthew Fitzgerald reviewed the list of indicators that has been compiled. This list combines indicators that the Advisory Planning Commission (APC) previously identified, as well as some new indicators for each goal area of the Official Community Plan (OCP). Indicators were selected based on their applicability to the OCP goals and objectives and on the accessibility of data required to review and monitor each indicator. The focus of the discussion was to get agreement on the indicators and to determine if any had been left out or required revisions.
The indicators that were discussed in greater detail are as follows: 1. Has there been a change in the proportion of forest land designated in the municipality? This indicator should be broadened to address urban forests and trees in the urban areas as well.
2. What proportion of residential growth has occurred in the growth centres, urban expansion areas and rural areas? The type of residential development should be defined, i.e. single family, multi- family, duplex, etc.
3. Have housing choices changed? This indicator should be reworded so the question is consistent with the explanation, i.e. supply versus demand.
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June 8, 2007 Advisory Planning Commission Minutes
4. How many new business licenses have been issued? This indicator should include the values of each business license.
5. How have health services within the municipality changed? This indicator should be recognized as being more of a regional function. Additional information sought from the Vancouver Island Health Authority (VIHA) may include per person availability for health care services, and numbers of specialists available in the area. This indicator should be broadened or separated out to consider crime/safety related issues such as statistics related to motor vehicle accidents, personal crime, etc.
Staff will review and revise the indicators report accordingly.
Trans Canada Hiram Beaubier prepared an outline to guide the APC’s review of the Trans Highway Proposed Canada Highway corridor as part of the OCP review. The committee members Assessment supported the outline and recommended that the review begin.
Committee members also liked the format and Kevin Bavaro used the same format for the outline regarding Natural Capacity that will be forwarded to all members for the next meeting.
Carbon Footprint Dr. Dave Preikshot gave a brief presentation on some of the tools available on the internet to measure the carbon footprint of a development. The committee discussed the merits of these tools and considered their relevance for the Design Awards program.
New Business:
Committee Request Committee members requested a copy of the presentation made by Geoff Miller regarding the proposed regional agricultural plan, as well as information on recent Agricultural Land Commission decisions, Stats Canada figures on agriculture production and upcoming agricultural events.
Adjournment The meeting ended at 1:45 p.m.
Next Meeting The next meeting will be held on July 27, 2007.
Certified correct
Signature of recording secretary Chair or presiding member
Page 2 of 2
Page 82 of 200 Minutes - June 22 and July 27
MUNICIPALITY of North Minutes COWICHAN
Meeting Advisory Planning Commission
Date July 27, 2007
Time 12 Noon
Place Large Committee Room
Members Present Hiram Beaubier, Chair; Kevin Bavaro, Gilles Villeneuve, Harvey Elbe, Councillor George Seymour, Mayor Jon Lefebure (ex-officio)
Members Absent With Notice: Carol Donnelly
Staff Present Chris Hall, Director of Planning; Brigid Reynolds, Planner
Agenda The Commission adopted the agenda, as amended, to include: Item 2.2. - Follow-up hand outs from the Agricultural Advisory Committee Item 3.1(a) - Official Community Plan review process/timing update Item 3.5(a) - New members Item 3.5(b) - Advisory Planning Commission web link
Minutes The Commission adopted the minutes of the meeting held June 22, 2007.
The Commission reviewed and discussed the minutes of the Technical Planning Committee meetings held June 19, 2007 and July 10, 2007, and the minutes of the Agricultural Advisory Committee meeting held July 10, 2007.
Business:
Indicator/ The Director of Planning reviewed the list of proposed indicators indicating that Benchmark they need to be more quantitative, as qualitative indicators are more difficult to assess and compare over time. As well, it was discussed that some of the data will form a baseline while some can be more comparative to past years, given the type of the data sources. The following summarizes the discussion:
Indicator 1.5 - Water Water meter data will provide consumption patterns including losses and numbers of connections.
Indicator 2.1 - Environment Include waste diversion and recycling data, as well as air quality data from the Province.
Indicator 3.2) -Housing Use census data to compare statistics between 2001 and 2006, and check with Social Planning and Vancouver Island Health Authority for information on assisted living statistics.
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July 27, 2007 Advisory Planning Commission Minutes
Indicator 3.3 - Economic Prosperity Check with the Economical Development Committee for job start data. The business license forms could be revised to gather additional data that could be used in the future, (ie) City of Victoria.
Indicator 3.5) - Infrastructure Check with the Engineering Department for capital expenditure details and whether the work is being done in rural or urban areas.
Indicator 3.6 - Health and Safety This data tends to be at a more regional level. As well as, the Vancouver Island Health Authority and RCMP, the Social Planning Council may have data.
Indicator 5.1 - Planning Practices Number of public events and corresponding development plan approval, etc, number of delegations to Council.
Goal 4 does not have an indicator and it would be helpful to identify one
Commission members are requested to review the report and send comments to staff as soon as possible, particularly with regard to gaps.
Official Community The Director of Planning stated that the Official Community Plan Review Outline Plan Review was discussed by the Committee of the Whole at its last meeting on July 18, Process Update 2007. The Committee of the Whole agreed with the scope of the review and recognized that it was unlikely that the process would be completed before November 2008. There are a couple of projects that need to be finished before moving ahead with the Official Community Plan review. This would push the Official Community Plan review process back by approximately six months to conclude in approximately Summer 2008.
A revised budget will be presented to Council in December. The assessments that Advisory Planning Commission members are working on should continue. Comments were expressed about keeping up the momentum, and that the revised timeline needs to consider the election process.
At the next meeting, the Official Community Plan process and revised timelines will be discussed.
Trans Canada Hiram Beaubier presented the proposed methodology and what resources he Highway Proposed has reviewed thus far. The review will consider development that has occurred Assessment adjacent to the Trans Canada Highway as well as land that is currently under/undeveloped, and show the potential for change and the implications with regard to aesthetics, access/egress, etc.
The Director of Planning indicated there may be some funds available for a more in depth review of industrial/commercial lands.
There may be examples from other jurisdictions that could apply here (ie) Toronto’s Gardiner Expressway. Also, traffic flows and how that fits should be reviewed. It would also be valuable to speak to the Ministry of Transportation as
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July 27, 2007 Advisory Planning Commission Minutes
to how they feel the Trans Canada Highway functions.
Natural Kevin Bavaro introduced the outline he prepared. This issue is multi-faceted and Capacity water was identified as being a key issue and how it might restrict growth in the Assessment Municipality.
There is a lot of information available, provincially, but some of the issues may not see a resolution as part of this exercise and may require further action/study following adoption of the Official Community Plan.
A definition of ‘natural capacity’ would be useful. Identify all components of ‘natural capacity’ and highlight those that apply directly to the Municipality. Information sources for this subject may include the ‘Natural Step’ and the ‘Ecological Footprint’
Greenhouse Gilles Villeneuve presented his outline for this subject indicating that while this is Gas/Climate a new subject area it may tie to existing work. There are likely examples from Change other jurisdictions, as well as Provincial initiatives that can be reviewed for this assessment. There appears to be some overlap between this subject area and ‘natural capacity’
The focus could be tightened up so that it relates to land use patterns, transportation, growth boundaries, etc. This subject area may be considered as the ‘lens’ through which we review the Official Community Plan and its policies.
Other Municipal Committees may be doing work on some of these issues and they should be tapped into. Committee members working on the issues should contact the Chairs of each of the Committees to discuss how they can work collaboratively on some of the issues. Staff will forward contact information.
Advisory Planning The Advisory Planning Commission previously set the deadline for final Commission Awards submissions for the end of August. Commission members were encouraged to seek possible nominations for their categories. Staff will also inform other Committee Chairs of the program.
Membership Council appointed David Hladik and Randy Noble to the Advisory Planning Commission at its July 18, 2007 regular meeting. Unfortunately, Randy Noble is unable to make the meeting time and cannot sit on the Commission. Council will select a new member.
Harvey Elbe indicated that due to his schedule and his term ending in November, the next meeting will be his last.
Web Base Link Planner Reynolds indicated that in the Fall, a web based portal will be established for the Advisory Planning Commission to access agenda/minutes, reports and other Municipal documents that may be useful throughout the Official Community Plan review.
Adjournment The meeting ended at 2:10 p.m.
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July 27, 2007 Advisory Planning Commission Minutes
Next Meeting The next meeting will be held on August 24, 2007.
Certified correct
Signature of recording secretary Chair or presiding member
Page 4 of 4
Page 86 of 200 Minutes - July 10 and August 7
MUNICIPALITY of North Minutes COWICHAN
Meeting Agricultural Advisory Committee
Date July 10, 2007
Time 8:30 a.m.
Place Large Committee Room
Members Present Councillor George Seymour, Chair; David Groves; Glenn Matthews; Blaine Hardie; Chris Groenendyk; Julie Keenan; Roger Dosman; (comprising a quorum)
Staff Present Geoff Millar, Cowichan Valley Regional District; Chris Hall, Alyssa Meiner and Brigid Reynolds, District of North Cowichan
Agenda The Committee adopted the agenda.
Minutes The Committee adopted the minutes of the meeting held May 29, 2007.
The Committee reviewed the minutes of the Advisory Planning Commission meetings held May 25 and June 8, 2007 and the minutes of the Technical Planning Committee meetings held May 23, June 12 and June 19, 2007.
The minutes of the Advisory Planning Commission identified the proposed outline for the OCP review and Chris Hall indicated that input will be sought from the AAC throughout the review process.
Business:
ALR Subdivision Chris Hall gave a brief summary of the application to subdivide a 12.59 ha lot (6822 Westcott Rd) into 2 lots (4.3 ha and 8.37 ha in size) in order to establish a separate lot for the existing ice business. Director of Planning, Hall stated that the application has to do with the subdivision of land and is not related to the non-conforming use of the ice plant. Comments received from both Wayne Haddow and Ian Woike were that they do not support the proposed subdivision.
The Committee challenged the proposal noting that: • the industrial land use on agricultural land has developed and grown without any prior approvals and supporting the subdivision reinforces unapproved activity • the creation of a smaller lot could be used in the future to argue for exclusion due to limited agricultural capabilities • Municipal policies do not support the subdivision of land • it is unclear how the subdivision would benefit agriculture The Committee requested that staff report back on the non-conforming activities on the property.
Recommendation : that the Agricultural Land Reserve subdivision application for
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May 29, 2007 Agricultural Advisory Committee Minutes
6822 Westcott Road (Folio: 6164.000) be denied and not be forwarded to the Agricultural Land Commission. (File: 3025-20 07.02)
Soil Bylaw Alyssa Meiner, legal researcher for the Municipality introduced a draft soil bylaw for the Committee’s review.
Comments received from the Committee include the following: • the bylaw should include protection of the marine and fresh water environments • rather than a flat load limit exemption of 200m 3 it could be tied to the size of the parcel • section 7(1) Permit Conditions - requiring the cultivatable layer of soil to salvage and resued on the subject property for lands in the Agricultural Land Reserve should apply to all properties.
Regional Geoff Millar gave an update on the proposed Regional Agricultural Plan Agricultural indicating that the Economic Development Commission (EDC) is requesting Plan more specific direction from the CVRD Board with regard to a project advisory committee and it’s make up. This committee is proposed to be made up of representatives from a wide range of agricultural stakeholder groups.
Draft terms of reference for the Plan would be developed by the EDC using Best Practices from other jurisdictions and would be refined by the proposed project advisory committee.
The Regional Board will consider the proposed process in August, after which the EDC is hoping to move forward on the proposal.
Water Management The Committee expressed interest in working on this issue. The Chair offered to meet with staff to identify various issues that might focus the discussion more. Committee members agreed to participate in an informal discussion on this issue outside of the regular meeting.
Regarding the Cowichan Basin Water Management Plan Committee, members requested for a future meeting that someone from the Management Plan Steering Committee give a brief presentation on the Plan. Staff were requested to provide copies for members.
Initial comments regarding water management and agricultural issues include: • an inventory of the supply and demand of the Municipal water system should be conducted and should include current usage in the summer and winter. If possible, this inventory should identify the usage by type, i.e agriculture versus domestic uses • this inventory would form the necessary baseline data • this issue needs to be considered in relation to future development in the Municipality and the region • access to water by agriculture is closely tide to food security • whether the Prairie Farm Rehabilitation Administration (PFRA) might be a source of funding for studies or a community water system, for example
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Agricultural Advisory Committee Minutes
Improving Long Committee members suggested that the Municipality might be consider selling Term Agricultural some of its forestry land to be used for food production. Land Potential
Adjournment The meeting ended at 10:30 a.m.
Next Meeting The next meeting will be held on September 18, 2007 at 8:30 a.m.
Certified correct
Signature of recording secretary Chair or presiding member
Page 3 of 3
Page 89 of 200 Page 90 of 200 Minutes - July 10 and August 7
MUNICIPALITY of North Minutes COWICHAN
Meeting Agricultural Advisory Committee
Date August 7, 2007
Time 8:30 a.m.
Place Large Committee Room
Members Present Councillor George Seymour, Chair; Ian Woike; Blaine Hardie; Glenn Matthews; Chris Groenendyk; Julie Keenan; David Wiebe; Roger Dosman; David Wiebe
Members Absent With Notice: Geoff Millar, Cowichan Valley Regional District; David Groves
Staff Present Chris Hall, Director of Planning; Wayne Haddow, District Agriculturist; and Jennifer Arthur, Summer Student
Agenda The Committee adopted the agenda, as amended, tabling Item 3.1.5 to its next meeting, to allow the applicant to attend, and to add Item 3.2 - Cowichan Basin Water Management Plan Review
Minutes The Committee adopted the minutes of the meeting held July 10, 2007.
The Committee reviewed the minutes of the Advisory Planning Commission meeting held June 22, 2007, and the Technical Planning Committee meeting held July 10, 2007.
Business:
Fred Oud, Cam Fred Oud, Cam Drew and Dick Wright were present with regard to the Cowichan Drew, Dick Wright Exhibition application for 7380 Trans Canada Highway. Non Farm Use (7380 Trans The Director of Planning reviewed the July 26, 2007 staff report for a Non Farm Canada Highway) Use application for 7380 Trans Canada Highway (Folio: 5099.000) . The Committee questioned whether the whole site was needed for the Exhibition and designated for non farm use. Representatives indicated that the need for the additional land is intended to address parking needs during the Fair period. It is anticipated that it will be used for farm purpose outside of the Fall Fair period.
Suggestions were made regarding options for transit or shuttle service. While organizers will be evaluating all means for discouraging cars on site, the experience indicates that most visitors will want to bring their vehicles.
One Committee member related his personal experience in trying to farm the land noting the poor soils, rockiness and lack of moisture as severe limitations.
The delegation reaffirmed their commitment to agriculture and seeking ways of expanding the profile of the industry through the exhibition's activities including the possibility of seeking agricultural research partners.
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The delegation also described their unsuccessful attempts at securing the Crown Land adjacent to the subject property that is not in the ALR.
Recommendation: that the Agricultural Advisory Committee advise the Technical Planning Committee that it supports the proposal for a Non Farm Use application at 7380 Trans Canada Highway (Folio: 5099.000) for the following reasons: • the exhibition has an agricultural focus and mission which this site will allow to continue and expand • the area that will be developed has been alienated by the former use • the prospect of a fuller use of the property for research and agricultural development would benefit the industry generally in the Valley (File: 3025-20 07.07)
Ross Blackwell, Ross Blackwell and Dick Wright of Focus Corporation were present to represent Dick Wright their client and owner of 3037 River Road on their Agricultural Land Reserve Exclusion Exclusion application. Application (3037 River Road) The Director of Planning reviewed the July 30 staff report which outlined the overlap between the Agricultural Land Reserve boundary and the growth centre boundary. It was noted that the Commission did exclude property opposite the site (Campground) in 2001-2002. The Committee considered the site's situation near an operating farm (Plester), abutting Artisan Village site, and housing to the east. Ross Blackwell reviewed the agricultural rating of the property. He indicated that the Commission has typically consider classes 1 -4 as reasonable soils for farming. Much of this site is rated class 5. The best pocket of land is in an area where the applicant wishes to provide a heritage fruit tree orchard and community garden. This area would provide a buffer along with the creek to the Plester Farm.
Committee members questioned what assurances there would be that the farm operation would not be constrained due to nearby residents. The Right to Farm legislation, Zoning and the Agricultural Land Reserve provide the assurance. Dick Wright noted that in some situations, a covenant is registered on the developed lands that acknowledges the presence of agriculture in the area. In essence, the covenant precludes any meaningful resident objection in the future.
The Chair indicated that the upcoming Official Community Plan may provide a basis for consideration of the Agricultural Land Reserve and boundary growth centre.
Members generally felt that there was merit in reviewing boundaries of the Agricultural Land Reserve in the area but to not specifically focus on this parcel in isolation of the smaller properties to the east and south west of the site.
Recommendation : that the Agricultural Advisory Committee advise the Technical Planning Committee that the Agricultural Land Commission be requested to conduct an assessment of the Agricultural Land Reserve designation of the area surrounding the subject property to confirm soil capability and assess surrounding urban interface as proposed in North Cowichan's Official Community Plan.
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Ming Hui, Sieg Ming Hui, Owner and Sieg Toews, Architect were in attendance to address their Toews Agricultural Land Reserve Non Farm Use application to construct a hotel and Non Farm Use conference centre at 6507 North Road (Folio: 5043.200) . The Director of Planning Application (6507 reviewed the July 30, 2007 staff report. He reviewed the key areas of focus: North Road) the impact of agricultural capability of the site, implications on surrounding agricultural lands, and the broader community implications.
The Committee reviewed the site details noting that the project was to be located above the existing parking area. The driving range will be slightly reconfigured to be incorporated into the development. Members questioned whether 200 rooms was sufficient capacity. The applicant indicated that they were comfortable that it was an appropriate size given their market research. It was suggested that there should be consideration of how the project would provide a net benefit to agriculture in the area. Members acknowledged the tourism appeal of the Valley is largely based on rural agriculture. Promotion of agriculture as part of the packaging of the development was seen to be beneficial. Committee members were generally supportive of the application .
Recommendation : that the Agricultural Advisory Committee advise the Technical Planning Committee that the application be referred to the Agricultural Land Commission to review the basis for the limiting covenant provisions and assess the potential impact of the project on the Agricultural Land Reserve lands, including potential measure to provide a net benefit to agriculture. (File: 3025-20 07.06)
Non Farm Use The Committee reviewed the July 24, 2007 staff report and recommendation for Application (2591 a non farm use application at 2591 Beverly Street (Folio: 1242.000) . Staff confirmed Beverly Street ) that the proposed addition is intended to provide added living accommodation but not an increase in units.
Staff confirmed that the Agricultural Land Commission had denied the previous application for a RV park at the end of the driving range.
Recommendation : that the Agricultural Advisory Committee advise the Technical Planning Committee that it has no objection to the proposed residential addition at 2591 Beverly Street (Folio: 1242.000) .
Cowichan Basin Blaine Hardie advised that the Cowichan Agricultural Society had invited the Water Management Cowichan Valley Regional District staff to a breakfast meeting on September 5, Plan Review 2007 to review the Cowichan Basin Water Management Plan. Copies of the plan were distributed to members.
Adjournment The meeting ended at 10:35 a.m.
Next Meeting The next meeting will be held on September 18, 2007.
Certified correct
Signature of recording secretary Chair or presiding member
Page 3 of 3
Page 93 of 200 Page 94 of 200 Minutes - July 12
MUNICIPALITY of North Minutes COWICHAN
Meeting Environmental Advisory Committee
Date July 12, 2007
Time 4:30 p.m.
Place Large Committee Room
Members Present Mayor Jon Lefebure, Chair, Lynn Petrie, David Preikshot, Wanda Miller, Harry Williams (comprising a quorum)
Members Absent Mark Holford, Peter Nix, Derrick Hill
Staff Present Clay Reitsma, Assistant Municipal Engineer
Previous Minutes The Committee adopted the minutes of the April 12, 2007 meeting.
Agenda The Committee adopted the agenda.
Open Burning Prior to the delegation presentations, Mayor Lefebure presented a report Staff Report written by the Assistant Municipal Engineer, dated April 10, 2007, which summarizes issues raised by residents regarding the ban on open burning in residential areas. The report also includes additional commentary from staff on some issues that should be addressed prior to implementing an open burning ban.
Delegation:
Burning Ban Jim and Dorothy Whitthome presented their concerns regarding Council's intention to implement a year-round open burning ban starting in 2008. The Whitthome's have a large 7.5 acre lot with approximately 150 trees and large quantities of broom. The Whittome's believe that, based on the quantity of debris that would have to be removed each year, the cost to do so would be too much to bear. They commented further that moving the material from the far reaches of their lot to the curbside, should a curbside collection program be implemented, would be difficult. They said that they are responsible burners. Their fires burn hot and very little smoke is generated. Because the burn is so hot, the piles of debris are fully burned within a day. They questioned the assertion that allowing burning in April and October presents a health problem, particularly if the burning is done properly and under the right atmospheric conditions. They explained that the benefits of allowing residents to burn such debris in a controlled fashion outweighs the costs of not doing so by increasing the risk of a wildfire occurring due to large quantities of dry debris remaining on the ground over the summer.
The Whitthomes further commented that other municipalities have already looked into banning open burning and have decided against it. For example, Comox is applying an open burning ban to properties that are 0.5 acres or less. Sooke tried implementing a curb-side pickup program, but found that it was too costly and stopped.
After the Whittome's presentation, the Chair opened the floor to discussion on the matter. The following comments and concerns were raised by those attending the meeting: Page 1 of 4
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Thursday, July 12, 2007 Environmental Advisory Committee Minutes
1) One resident said that he is doing the Municipality a service by removing broom within a Municipal right-of-way and burning it. For that reason, he felt that the Municipality should continue to permit him to burn. 2) If the issue is related to air quality and health, how is the Municipality going to deal with burning in the rural urban fringe area where a small residential property prohibited from burning resides next to a large agricultural or residential property that is permitted to burn? 3) Some residents stated that the quantity of debris generated on their lot each year makes it difficult to haul it to Bing's Creek. The green house gas emissions generated from hauling debris to Bing's Creek offsets any benefits of not burning the debris. 4) Many residents questioned if the air quality in the Cowichan Valley was degraded enough to cause health problems. 5) Some residents said that through a petitioning process they carried out, they felt that the public was not in support of such a ban. 6) Even if a curbside pickup program would address the problem, the haulers have commercial plates and would have to pay to take the debris to Bing's Creek. The haulers would then have to pass this charge onto residents. 7) One cannot take branches more than 3" in diameter to Bing's Creek. Residents will have to pay for chipping larger debris. 8) Passing a bylaw to ban burning will discourage the planting of trees and may even contribute to the cutting down of trees, to reduce the amount of debris each year that residents must deal with. Many felt the Municipality should be encouraging residents to grow more trees, not cut them down. 9) Some residents expressed concern about how land clearing debris and slash from Municipal forestry operations was going to be dealt with.
After hearing the concerns of residents, the following key points were raised by those arguing for consideration of a burning ban:
1) The Committee acknowledged that, in general, the air quality in the valley is good. The issue of open burning and particulates is more related to localized issues where excessive quantities of smoke are drifting onto adjacent properties. 2) The Mayor questioned the accuracy of petitions and pointed out that letters written to Mayor and Council are a better indicator of public support or opposition. The Mayor receives approximately 20 letters or phone calls per year about excessive smoke from burning; many of them stating that it is affecting their health. The Mayor also stated that the Bylaw Enforcement Officer receives many more complaints, although the Mayor was not able to provide the numbers at this time. 3) Regarding the burning of slash on forestry land, the Municipality is looking at ways to manage this. It is possible that Catalyst may be willing to take the material for use in their boilers, which have scrubbers on their discharge to remove particulates. 4) Efforts should be made to, at the very least, avoid burning and keep the material on the land and allow it to break down naturally. It was pointed out that this may not be possible for smaller lots, but should be doable for larger lots, where most of the problems lie in relation to how to dispose of the material due to the large quantities and hauling difficulties.
The following ideas were discussed as to how to address the issue of open burning rather than imposing the proposed ban: Page 2 of 4
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Environmental Advisory Committee Minutes Thursday, July 12, 2007
1) A properly managed fire should not generate excessive quantities of smoke. Provide more public education on how to burn properly. 2) Crack down on people not burning properly. 3) Implement a permitting system. This would ensure that the Municipality knows where burning is taking place and can inspect those burns, if necessary, to ensure that they are being done correctly. Those who are not burning properly can be educated on how to do so. If they continue to burn irresponsibly, then they can be denied a permit and fined if they are caught burning without a permit. This would target the irresponsible burners rather than those who are burning responsibly, which is what an outright ban would do. 4) Rather than limiting burning to two months of the year, extend the period where burning can occur, but only allow burning on certain days. This would provide more flexibility and may reduce the instantaneous particulate load by spreading the burning out over a longer window of time.
The Chair thanked all parties for bringing their concerns to the Committee. The Chair advised that the points presented today would be considered further.
Information Items:
Received and Filed The Committee received and filed:
1) Climate Change 2007: The Physical Science Basis 2) The Global Climate Crisis: Seeking Solutions that Work 3) Mercury Contamination from Compact Fluorescent Light Bulbs 4) Giving Up on Two Degrees: An Understandable Explanation of CO2 Levels and Temperature Rise 5) Debris Accumulation at Decommissioned Crofton Yard and Garden Organics Drop-Off Site 6) Fuel Economy: Why You Are Not Getting the MPG You Expect 7) Proposed Burning Ban Letters from: - Jim and Dorothy Whittome - George and Jenette Croy - Jim and Julie Roome
Mercury Contamination David Preikshot reviewed the article and questioned its accuracy. This from Compact conclusion was based on other articles that the author has written in the Fluorescent Light Bulbs past.
Business:
Local Climate Change The Committee deferred this item to the next meeting. Initiatives
New Business:
Open Burning The Committee reviewed the report written by the Assistant Municipal Staff Report Engineer, dated April 10, 2007, in advance of agenda item 3.1.
In addition, the Committee was asked to consider the statements made by those in attendance and the contents of the said staff report. The Assistant Page 3 of 4
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Thursday, July 12, 2007 Environmental Advisory Committee Minutes
Engineer will forward copies of the said report to all committee members along with reports on the Crofton Yard and Garden Waste Pilot Project. The Committee Members were asked to review the staff report and be prepared to come to the next meeting with ideas on how to reduce the impacts of open burning in light of the comments received to date and in light of the concerns expressed in the staff report.
Adjournment The meeting ended at 6:30 p.m.
Next Meeting The next meeting will be held at the call of the Chair.
Signature of Chair or presiding member Signature of Recording Secretary
Page 4 of 4
Page 98 of 200 Minutes - August 8
MUNICIPALITY of North Minutes COWICHAN
Meeting Public Works Committee
Date August 8, 2007
Time 12:00 p.m.
Place Large Committee Room
Members Present Councillor Glen Ridgway (chair); Councillor Anne Murray (comprising a quorum)
Staff Present John MacKay, Director of Engineering and Operations; Tom Todd, Deputy Operations Manager; Mark Ruttan, Director of Administration
Also Present Councillor Dave Haywood; Councillor George Seymour; Councillor Melissa Hailey
Absent Councillor Ruth Hartmann; Jim Dias, Chief Administrative Officer; Wayne Gourlay, Operations Manager
Agenda The Committee adopted the agenda.
Minutes The Committee adopted the minutes of the meeting held July 11, 2007.
Business:
Adopt a Highway The Committee requested that a press release and on-site photo opportunity be Program arranged for September 2007 to kick-off this program with the Duncan Rotary Club who have adopted Drinkwater Road. (File 5360-01)
Cowichan Lake The Committee reviewed Lois Fenna’s request to add bicycle lanes on Road Walkway Cowichan Lake Road, between Tansor Road and Payne Road. The Committee Request noted that this project was not within its 5-year plan, but would give it consideration in the future should upgrading be planned for this section of Cowichan Lake Road. (File 5400-20 COW)
Deer Sign Request The Committee reviewed Eileen Richardson’s request to install deer crossing signs in the vicinity of 9456 Chemainus Road. The Committee did not support this request as the section of road is straight, visibility is good and the speed limit is 50 km/hr. The Committee also noted that North Cowichan has only posted deer warning signs at three locations: Osborne Bay Road, Herd Road and Maple Bay Road. All three roads have a 60 km/hr speed limit. (File 5460-50)
Water Management The Committee reviewed for information the minutes from the May 29, 2007 Agricultural Advisory Committee concerning water management. (File 5600-01)
South End Sewer The Committee reviewed the request from Joe Grazer to include 3393 Inclusion Cowichan Lake Road within the South End sewer system. Mr. Grazer’s lot was previously serviced with sewer when an adjacent subdivision was developed, but has never connected.
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August 8, 2007 Public Works Committee Minutes
Recommended Resolution: that Council include 3393 Cowichan Lake Road (Folio: 5986-000) within the South End sewer system subject to execution of a sewer inclusion agreement. (File 5355-30)
Victoria Road Traffic The Committee reviewed a letter from Mark Kiemele requesting traffic calming Calming on Victoria Road. The Committee noted a traffic calming study was undertaken on Victoria Road in February 2006 and that construction of sidewalk is planned in 2008, 2009 and 2010 from Chemainus Road to north of Garner Street. The Committee supported review of Mr. Kiemele’s suggestions when a design for Victoria Road upgrading is prepared. (File 5400-20 VICT / 5400-85 TC)
Recycling Bag The Director of Engineering and Operations noted that supply of recycling bags Charge is no longer the responsibility of the recycling contractor effective June 2007 and that North Cowichan is now responsible to supply them at its cost to residents. Approximately 1,500 bags were handed out last year at a cost of about $1.05 per bag. The Committee recommended that to encourage residents to use cans to store their recyclables instead of a bag, North Cowichan should continue to provide free recycling labels for cans, but start charging for bags.
Recommended Resolution: that Council amend Garbage and Recycling Bylaw 3207 to require payment of $1.00 per replaced yellow recycling bag used for the curbside recycling program effective September 1, 2007. (File 5360-50)
Recycling and The Committee reviewed recycling and garbage collection statistics for the Garbage Statistics years 2000 to 2006. The Committee noted the recycling rate has increased from 19.49% to 31.5%. (File 5360-50 / 5360-01)
Metered Water Use The Committee reviewed Heather Dubay’s request to charge for all metered water used rather than having a 7,000 gallon per month allowance for a flat rate charge. Given that Council undertook a major review of water rates and use in 2005, this request was not supported. (File 5600-01)
Quamichan Creek The Committee reviewed for information various emails concerning a beaver Beaver Dam dam on Quamichan Lake and efforts of area farmers to remove the dam. The Committee noted this subject will be discussed at the August 29, 2007 Quamichan Lake Stewardship Committee. (File 5225-95 QUA)
Joint Utilities Board The Committee reviewed the Engineer’s report concerning 2006 winter damage Outfall Repair to the Joint Utilities Board (JUB) outfall within the Cowichan River and the need to undertake repairs in August and September 2007 within the “Fisheries window”. The JUB reserve fund presently at $565,000 would be used to fund this unbudgeted project.
Recommended Resolution: that Council authorize repairs to the JUB Cowichan River outfall (either Option 1 costing approximately $130,050 or Option 2 costing approximately $57,500) with funding to come from the JUB reserve fund. (File 5355-70 OPER)
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Public Works Committee Minutes August 8, 2007
Maple Bay Marina The Committee reviewed the Director of Engineering and Operation’s August 3, Wastewater 2007 report and Creative Engineering Services July 25, 2007 letter concerning Treatment Plant the Maple Bay Marina wastewater treatment plant and the Marina’s proposal to transfer ownership to North Cowichan.
Recommended Resolution: that Council direct staff to negotiate with the Maple Bay Marina to prepare an agreement for Council approval for the assumption of ownership and operation of the proposed new Maple Bay Marina wastewater treatment plant. (File 9236-100)
New Business:
James Street The Committee agreed to expend $18,000 from the Operations Budget to replace Sidewalk the existing sidewalk on James Street fronting the new pool. (File 5400-20 JAM)
Waterline The Committee reviewed Mr. Delahunt’s request for an encroachment Encroachment agreement to authorize his private water service to cross Little Mountain Road. Agreement Recommended Resolution: that Council authorize the Mayor and Director of Administration to sign an encroachment agreement for 8179 Little Mountain Road (Folio: 12272-000) to permit a private water service to cross the roadway. (File 5620-01)
Closed Session The Committee closed the meeting to the public to consider items under Section 90(1)(f) of the Community Charter at 1:20 pm.
Adjournment The meeting ended at 1:30 pm.
Next Meeting The next meeting will be held on September 12, 2007 at 12:00 noon.
Certified correct
Signature of recording secretary Chair or presiding member
Page 3 of 3
Page 101 of 200 Page 102 of 200 Minutes - July 24
MUNICIPALITY of North Minutes COWICHAN
Meeting Technical Planning Committee
Date July 24, 2007
Time 3:00 p.m.
Place Council Chambers
Members Present Mayor Jon Lefebure, Acting Chair (ex-officio); Councillor Ruth Hartmann; Councillor Melissa Hailey (comprising a quorum)
Members Absent With Notice: Councillor George Seymour
Staff Present Chris Hall, Director of Planning; Peter Nilsen, Assistant Municipal Engineer; Jim Dias, Chief Administrative Officer; Matthew Fitzgerald, Planning Student
Agenda The Committee adopted the agenda.
Minutes The Committee adopted the minutes of the meeting held July 10, 2007.
The Committee reviewed the minutes of the Advisory Planning Commission held July 10, 2007.
Presentations:
Agricultural Land Paul Diment and Peter Harris of Island Ice Ltd. presented their proposal to Reserve Subdivision subdivide land in the Agricultural Land Reserve to enable the former owners of (Paul Diment and the property to acquire a 8.37 hectare portion, leaving the balance of 4.3 Peter Harris - 6822 hectares under the ownership of Island Ice Ltd. Mr. Diment reviewed the history Westcott Road) of the property and outlined the uses on the Ice Plant property. He advised that for much of the year one of the barns is used for seedling storage, and provided the Committee with a list of clients for the seedlings. The Director of Planning reviewed his July 17, 2007 staff report and outlined the concerns and recommendation of the Agricultural Advisory Committee that the application not proceed to the Agricultural Land Commission.
The Committee members commented on the need for some acknowledgment of the economic benefit of the Ice Plant facility and their effort to maximize the use of the barns for agricultural/forestry (seedlings) use. Members also identified a potential for better use to be made of the balance of the property than is the current case.
Recommended Resolution: that Council forward the application from Island Ice Ltd. to subdivide 6288 Wescott Road (Folio: 6164-000) within the Agricultural Land Reserve, to the Agricultural Land Commission without recommendation. (File: 3025-20 07.02)
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July 24, 2007 Technical Planning Committee Minutes
Development Antho Santarossa presented a proposal to vary the height of a new single family Variance Permit residence for 6753 Somenos Road (Folio: 6470-000). Mr. Santarossa explained the (Antho Santarossa - flooding problems on the property. The Committee reviewed the July 24, 2007 6753 Somenos) staff report.
Recommended Resolution: 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)(a) 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. (File: 3080-20 07.13)
Development Richard Knight presented a proposal to vary the sideyard setback at 1158 Maple Variance Permit Bay Road (Folio: 9247-000) to permit a garage. He explained the topographic (Richard Knight - complication of the property. There is limited ability to site a garage where it is 1158 Maple Bay possible to turn vehicles around on site without having to back onto Maple Bay Road) Road. The Committee reviewed the July 24, 2007 staff report.
Recommended Resolution: that Council give notice that it intends to issue a development variance permit to Richard and Helga Knight for 1158 Maple Bay Road (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 metres to 1.4 metres. (File: 3080-20 07.12)
Business:
Rezoning (7619 The Committee reviewed the application of Mr. and Mrs. Martin to rezone 7619 Richards Trail) Richards Trail (Folio: 6350-000) from A1 to A2 to permit a two lot subdivision. The committee reviewed the July 24, 2007 staff report, noting that the property’s A1 zoning is a result of it being formerly part of the farm across from Richards Trail, which is in the Agricultural Land Reserve. The subject property is not in the Agricultural Land Reserve, and the surrounding zoning on the east side of the road is zoned A2. The Committee noted that current density provisions would not change with the proposal. Currently, the owners would be permitted two residences. The applicants are willing to register a covenant to limit the number of residences on each of the two lots to one.
Recommended Resolution: that Council direct staff to draft a bylaw to amend the Zoning Bylaw to rezone 7619 Richard’s Trail (Folio: 6350-000), owned by Geoff and Marie Martin, from Agricultural Zone (A1) to Rural Zone (A2). (File: 3360-20 07.07)
Planner’s Verbal The Committee discussed Council’s request for staged improvements to Updates Crescent Road, as part of the 5855 Church Road rezoning. It was explained that the developer must undertake significant detailed design work to calculate costs for the project so the developer would like to ensure that the bylaw is adopted first. Staff recommended that should Council adopt the bylaw, the developer be required to register a “no build” covenant against the property to be removed once construction and financing details for the road have been concluded.
The Committee directed staff to prepare a report for Council members to
Page 2 of 3
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Technical Planning Committee Minutes July 24, 2007
consider when the bylaw is before them for adoption.
Adjournment The meeting ended at 3:50 p.m.
Next Meeting The next meeting will be held on August 14, 2007.
Certified correct
Signature of recording secretary Chair or presiding member
Page 3 of 3
Page 105 of 200 Page 106 of 200 Minutes - July 11 Cowichan Valley Regional District
Minutes of the regular meeting of the Board of the Covviehan Valley Regional District held in the Board Room, 175 Ingrain Street, Duncan, BC, on Wednesday, July 11, 2007 at 6:00 pm.
PRESENT: Vice Chair J. Lefebure Directors J. Allan, K. Cossey, M. Dorcy, L. Duncan, G. Giles, B. Hodson, R. Hutchins, P. Kent, M. Marcotte, G. Ridgway, G. Seymour, M. Tansley and M. Walker Alternate Directors P. Foster and A. Murray
ALSO Frank Raimondo, Administrator PRESENT: Kathleen Harrison, Deputy Corporate Secretary Kate Miller, Environment Manager
ABSENT: Directors W.J. andPeake G. Ridgway
APPROVAL OF It was moved and seconded that agenda be approved. AGENDA (07-426) MOTION CARRIED
ADOPTION OF It was moved and seconded that the minutes of the regular MINUTES Board meeting of June 13, 2007 be adopted. (07-427) MOTION CARRIED
(07-428) It was moved and seconded that the minutes oftheSpecial Board meeting of June 27, 2007 be adopted.
MOTION CARRIED
BUSINESS ARISING No business arising OUT OF MINUTES
CORRESPONDENCE The following correspondence under the date indicated was considered.
Cl Chief Harvey Alphonse, Cowichan Tribes, dated July 11, 2007 re: Cherokee Land Inv. Ltd. and Village at Paldi Ent. Ltd.
(07-429) It was moved and seconded that the correspondence from Chief Harvey Alphonse, Cowichan Tribes, dated July 11, 2007, be referred to staff for information.
Opposed: Director Duncan
MOTION CARRIED
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REPORT OF THE The Administrator reported on behalf of the Chair the following CHAIRPERSON appointments to the Regional Parks and Trails Committee
Regional Board Directors: Director Giles Director Allan Director Dorey Director Hutchins Director Lefebure
Public Representatives: Don Barrie Brent Heath John Scull
REPORTS
CR1 Report and recommendations of the Regional Services Committee Regional Services meeting of June 27, 2007, listing five items, were considered: Committee
(07-430) It was moved and seconded:
1. That the CVRD Board forward letters to the Premier and Ministers of: Transportation; Finance; Tourism, Sports and the Arts; and Community Services, expressing its concern regarding ferry rate increases and support of the Ferry Advisory Committee Chairs recommendations.
2. That CVRD Security Issuing bylaw No. 2982 be forwarded to the Board for consideration of three readings and adoption.
3. That the CVRD support the Town of Ladysmith in its application for funding under the Canada-British Columbia Municipal-Rural Infrastructure Fund for the Chemainus Road Upgrade project, and further, that a letter supporting this application be forwarded to the Town of Ladysmith.
5. That the CVRD proceed with a Request for Proposals for - Phase I of the Kinsol Trestle Restoration/Conservation Feasibility Study.
MOTION CARRIED
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Alternate FosterDirector presented a petition from Lake residents and conespondence from the Town of Lake Cowichan dated July 11, 2007 re: Cowichan Basin Water Management Plan to the Vice Chair.
(07-431) 4. That the Cowichan Basin Water Management Plan be referred to the September Board meeting.
Opposed: Alternate Director Murray
MOTION CARRIED
CR2 Report and recommendations of theElectoral Area Services Electoral Area Services Committee meeting of July 3, 2007 listing 12 items, were considered:
(07-432) It was moved and seconded:
1. That the newly constructed trail located alongside Aros Road in Cobble Hill be named Hammond Way; and further, that the trail currently named Patsy Granfield Memorial Trail be renamed to Granfield Way.
2. That the tender bid received from Warm Valley Contracting in the amount of $153,175.75, including applicable taxes, be approved for ofconstruction the Glenora Staging Area Caretaker Residence in Electoral Area E.
3. That the proposed gifting of approximately 136 acres (54.5 hectares) of lands to the CVRD for nature park purposes, encompassing portions of both Section 5, Range 6, Sahtlam Land District along with a portion of Section 6 and 7, Range 7 Sahtlam District, be approved, inclusive of a conservation covenant registered on title in favour of The Land Conservancy of BC, which limits the use of the lands for nature park purposes and also permits the Regional District to hold the lands as an undeveloped "park reserve" within the Electoral Area E and F community park functions until such time additional funds are determined available by the Board to complete and implement a park management plan for the lands.
5. That the resignation of Sebrina Benson from the Area C Advisory Planning Commission be accepted, and that a letter of appreciation be forwarded to Ms. Benson.
MOTION CARRIED
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CVRD BOARD iVliNUTKS-.KiLV 11,2007 4Page
(07-433) It was moved and seconded:
4. That the methodology for receipt of funds derived from the sale of lots transferred in fee simple to the CVRD as outlined in proposed Bylaw No. 2909 (Carom a i Sales) be as follows: • Funds derived from the first lot acquired and subsequently sold under direction of the Board he allocated to the Sahtlam Fire Protection Service Area statutory reserve fund, and, • Funds derived from the second and all additional lots acquired and subsequently sold under direction of the Board be allocated equally between the Electoral Area E Community Parks statutory reserve fund and the Electoral Area F Community Parks statutory reserve fund. And furthermore, that expenditure of funds derived through the sale of such lots be limited to within the broader Sahtlam community of Electoral Areas E and F.
Opposed: Director Duncan
MOTION CARRIED
(07-434) It was moved and seconded:
7. That the development application review procedures specified in Bylaw No. 2255 be modified for Rczoning Application No. 4-B-RS (Ted Stevens) to require a public meeting prior to ofreview the application by government agencies and the Area B Advisory Planning Commission; and further that all Electoral Area Directors be encouraged to attend the public meeting.
8. That Development Permit No.Application 1-G-07DP be approved once the zoning amendment Bylaw No. 2975 to allow mini-storage and outdoor storage has been adopted and that the Planning Division be authorized to issue a Development Permit to Wayne Murphy on behalf of Dave Mohr with respect to Lot 16, District Lot 72, Oyster Land District, Plan 8793 Except that Part in Plan 895 RVV that would allow two new mini-storage buildings to be developed in accordance with the Commercial Development Permit Guidelines of Official Community Plan Bylaw No. 2500
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9. That Development Variance Permit Application No. 1-A- 07DVP (Houston Sign Ltd.) to vary the permitted size of the sign by 1.9 m2 and theheight by 1.88 in to allow a 3.0 m2 sign 3.66 m high be approved subject to a) internal backlighting being reduced to 60% of normal standard and b) a timer is installed to turn off the signat 10:00
pm.
10. That Development Variance Permit Application No. 3-D- 07DVP be approved and that the Planning Division be authorized to issue a Development Variance Permit to Filipa and Steven Pleva with respect to Lot 3, Section 5, Range 4, Cowichan District, Plan 19262 that would continuously vary Section 8.2(b)(3) of Zoning Bylaw No. 1015 by 2.0 metres and 0.8 metres from the 2.2 metre required interior side parcel line setback to allow the existing dwelling to remain 0.2 metres and 1.4 metres from the proposed interior side parcel line.
12. That in accordance with Section 53 of the Liquor Control and Licensing Regulation, the Cowichan Valley Regional District recommend approval of the Patron Participation Entertainment Endorsement application for the Yellow Point Lodge and respond in thefollowing manner to points (a) through (d) that must be addressed: (a) The potential for noise if the application is approved. A. Virtually nil. (b) The impact on the community if the application is approved. A. Virtually nil. (c) Whether the amendment may result in the establishment being operated in a manner that is contrary to its primary purpose. A. The amendment will enhance the quality of the patrons stay at the Yellow Point Lodge. (d) The views of resident if the license amendment may affect nearby resident. A. The views of residents were not gathered through any formal public process because the activity proposed and the location of the site in question do not warrant time and money spentbeing on such a process.
MOTION CARRIED
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((17-435) It was moved and seconded:
6. That ALR Application No. 1-B-07ALR submitted by Mark Johnston, made pursuant to the Agricultural Land Commission Act to: 1. exclude 4.87 ha. (12 ac.) of land from the ALR to permit the development of22 residential lots; 2. include 13.3 ha. (32.8 ac.) of improved agricultural land in the ALR; and 3. permit a non-farm recreational use ofa proposed 8.9 ha.(22 ac) man-made lake, be forward to the Agricultural Land Commission without recommendation.
Opposed: Directors Marcolte, Duncan, Dorey, Cossey, Hodson. Giles and Allan
MOTION DEFEATED
(07-436) It was moved and seconded:
That ALR Application No. 1-B-07ALR submitted by Mark J o hn st on onJohnston behalf of Teresa Erband 0746199 BC Ltd. for Lot A, District Lots 2 & 3, Malahat District, Plan 12399, and District Lot 2, Malahat District, Except Part in Plan 12399, made pursuant to the Agricultural Land Commission Act to:
1. exclude a 4.87 ha portion of land from the Agricultural Land Reserve (ALR) to permit the development of 22 residential lots 2. permit a non-farm recreational use of a proposed S.9 h;i man-made lake be denied pursuant to Sections 25(3) and 30(4) of(he Agricultural Land Commission Act and these applications not be forwarded to the Agricultural Land Commission;
AND FURTHER, that the proposal to include 13.3 ha of land into the ALR be left up to the applicant to pursue if desired, and that the Agricultural Land Commission be advised in writing that the CVRD firmly opposes any attempt at creating a man- made lake on the subject property, as it is a Non-Farm Use under the Agricultural Land Commission Act, and the recreational use of that proposed lake would be inconsistent with the property's Primary Agricultural (A-l) zoning;
AND FURTHER, that Official Community Plan and Zoning Amendment No. 4-B-04RS submitted by Mark Johnstonon
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behalf of Teresa Erb and 0746199 BC Ltd. to permit the creation of approximately 92 residential lots on Lot A, District Lots 2&3, Malahat District, Plan 12399, and District Lot 2, Malahat District, Except Part in Plan 12399, be denied because they arenot consistent with the Shawnigan Lake Official Community Plan (CVRD Bylaw No. 1010).
Opposed: Director Walker
MOTION CARRIED
6:55 pm Director Duncan left the Board room.
(07-437) (Amendedfrom the original Committee recommendation):
11. 1. That Rezoning Application No. 1-A-07RS (Brentwood College Inc) to amend Electoral Area A - Mill Bay/ Malahat Zoning Bylaw No. 2000 to rezone 0.38 hectares of That Part of Section 2, Range 9, Shawnigan District, Shown as Closed Road on Plan VIP80579 and Lot A, Sections 2 & 3, Range 9, Shawnigan District Plan VIP79998, from R-3A (Urban Residential - Limited Height) to P-l (Parks and Institutional) be approved subject to receipt of the following prior to a public notification process: • Archaeological Assessment of the 0.38 hectare portion of land located at the southern portion of the property to the CVRD as per the Board resolution passed on May 9, 2007; and • Draft covenant restricting construction of any buildings on the 9 metre strip located on the south-east corner of the subject property except for the footprint of the proposed dining hall and patio. 2. That proposed Zoning Amendment Bylaw No. 2985 be forwarded to the Board for consideration of first and second reading, and that the public hearing be waived and a public notice process occur in its place. 3. That Application No. 1-A-07RS be referred to the Vancouver Island Health Authority, Ministry of Transportation, Ministry of Environment, Cowichan Tribes, Malahat First Nation, Hurqumi'num Treaty Group, Tsartlip First Nation, School District No. 79, Mill Bay Volunteer Fire Department, and Mill Bay Waterworks.
MOTION CARRIED
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7:00 pm Director Duncan returned to the Board room.
Report and recommendations of the Electoral Area Services (Rural Issues) Committee meeting of July 9, 2007 listing 9 items, were considered:
(07-438) It was moved and seconded:
1. That: 1. The maximum requisition limit for the annual financial contribution to the Cobble Hill Historical Society be increased from $8,500 to $15,000. 2. "CVRD Bylaw No. 2951 - Cobble Hill Historical Society Annual Contribution Service Establishment Bylaw, 2007", be forwarded to the Board for consideration of first three readings, and following provincial and voter approval, be considered for adoption. 3. Voter approval to establish the Cobble Hill Historical Society Annual Contribution Service be obtained through an alternative approval process.
2. That a joint technical and public committee, comprised of the following members, be struck for the South Sector Liquid Waste Management Plan Amendment No. 1: 1. Electoral Area A, B and C Directors; 2. Two CVRD staff representatives, one from Development Services and one from Engineering Services; 3. Federal and Provincial government agency represen tatives; 4. Two representatives from the Mill Bay Sewer Alliance, plus their project manager Brent Taylor as a non- voting member; and 5. The following five public representatives: 1) Ron Cyca 4) Gerald Farrow 2) Mike Renning 5) Francis Hugo 3) Bob Lye
5. That: 1) CVRD Board Resolution No. 07-064-2 be amended to delete all references to rezoning; and 2) Service establishment bylaws be prepared for the Arbutus Mountain Estates water,sewer, drainage and streetlighting systems and forwarded to the Board for three readings, and following Provincial approval, proceed to adoption; and further
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3) Staff prepare a Parcel Tax Roll Bylaw, a Management Bylaw and a Capital Reserve Fund Establishment Bylaw for each of the Arbutus Mountain Estates sewer, water, drainage and streetlighting systems, to be forwarded to the Board for consideration of three readings and adoption.
6. That: 1) The 2007-09 Community Works Fund allocation be reserved for the following projects: • Sevenwater and wastewater projects from Engineering Services (1. Lambourn Estates sewer and water upgrades, 2. Kerry Village sewage treatment plant upgrade, 3. Sutton Creek upgrade, 4. Shawnigan Lake weir fish ladder, 5. Saltair water system reservoir and Knudson Road watermain upgrade, 6. Dogwood Ridge water system, 7. Shawnigan Beach Estates sewer I&I) all to be cost-shared on a 2/3rd basis except for Shawnigan fish ladder at 100%. This represents a total of $1,351,000. • North Oyster fireball sustainability elements for a cost of $348,500. • Elsie Miles school retrofit (energy efficiency) for an estimated cost of $100,000; and 2) The Cowichan Biodiesel Co-op project be given consideration and preliminary approval by the CVRD Board. Final approval will be contingent on acceptance by the UBCM's Partnership Committee, and finalizing partnership details with the Engineering Department. Engineering will need to assess the priority of this project in relation to the water and wastewater projects in order to find the necessary CWF dollars, and 3) The Community Works Fund project approvals be revisited in the fall and periodically thereafter to reassess project priorities and cost estimates.
8. That a letter of support be sent to: Mr. K. Sak, Area Representative Sports Fishery Advisory Board 6035 Mary Street, Duncan. B.C. V9L 2G5 supporting pink salmon sport fishing close to theshoreline in Cowichan Bay.
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9. That a recommendation be forwarded to the Regional Services Committee to re-establish the Central Sector Liquid Waste Management Plan function in 2008.
MOTION CARRIED
(07-439) (Amended from the original Committee recommendation):
It was moved and seconded:
3. That no Joint Utilities Board capacity units be transferred from the Eagle Heights Sewer System to the Cowichan Bay Sewer System, and that it be recommended to the Joint Utilities Board that a review of a Joint Utilities Board lagoon expansion be done in conjunction or immediately following a revision of the Cowichan Bay Official Settlement Plan.
MOTION CARRIED
(07-440) (Further amended from the amended motion):
It was moved and seconded that no Joint Utilities Board capacity units be transferred from the Eagle Heights Sewer System to the Cowichan Bay Sewer System, and that it be recommended to the Joint Utilities Board that a review of a Joint Utilities Board lagoon expansion be done in conjunction with a revision of the Cowichan Bay Official Settlement Plan.
MOTION CARRIED
(07-441) (Amendedfrom the original Committee recommendation):
4. That funding for the Cowichan Bay Official Settlement Plan be included in the Provisional budget as a priority.
MOTION CARRIED
(07-442) (Amended from the original Committee recommendation):
It was moved and seconded:
7. That the Electoral Area G grant in aid be withdrawn and that thefollowing grants in aid be approved: Electoral Area B CV Jolly Dragon Senior's Society S500.00
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Electoral Area D Cowichan Bay Improvement District Art Walk $500.00
Opposed: Director Dorey
MOTION CARRIED
CR3 Report and recommendation of the Cowichan Centre Commission Cowichan Centre meeting of June 15, 2007, listing one item, was considered: Commission
(07-443) It was moved and seconded:
1. That a Reserve Fund Expenditure bylaw be prepared for withdrawal of funds not exceeding $65,600 from the Cowichan Centre Reserve Fund to finance the purchase of flooring for the Centre Human Potential Wing hallway, a Centre 26 ft. Scissor Lift, Social Lounge seat renovations and a Cowichan Theatre Fly System upgrade; and further, that the bylaw be forwarded to the Board for consideration of three readings and adoption.
MOTION CARRIED
STAFF REPORTS
SRI Staff report from the Deputy Corporate Secretary dated June 29, 2007 re: Kinsol Trestle Restoration, Operation and Maintenance Service Establishment was considered for information.
SR2 Staff Report from the Deputy Corporate Secretary dated July 3, 2007 re: Bylaw No. 2550 - A Bylaw to Change the Name of the Cowichan Lake Arena Capital Project Reserve Fund to the Cowichan Lake Recreation Reserve Fund; and Bylaw No. 2991 - A Bylaw to Transfer the Balance of Funds from the Industrial Park Function Reserve to the Cowichan Lake Recreation Reserve was considered for information.
SR3 Staff Report from the Deputy Manager, Development Services, dated July 3, 2007, re: Zoning Amendment Bylaw No. 2975 (Mini- Storage use - Area G).
(07-444) It was moved and seconded that Zoning Amendment Bylaw No. 2975 be forwarded to the Board for consideration of third reading at the July 11, 2007 Board meeting.
MOTION CARRIED
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SR4 Staff Report from the Manager Development Services, dated July 3, 2007, re: Development Variance Permit Application No. 7-B- 06DVP.
(07-445) It was moved and seconded that this bematter referred to a future meeting until such time as further clarification is received from the applicant.
MOTION CARRIED
SR5 Staff Report from the Deputy Corporate Secretary dated July 5, 2007, re: South Cowichan Community Policing Annual Contribution Service - Notice of Alternative Approval Process and Elector Response Form.
(07-446) It was moved and seconded that the Notice of Alternative Approval Process and the Elector Response Form for Bylaw No. 2932 be approved.
MOTION CARRIED
SR6 Staff Report from the Short Range Planner dated June 26, 2007, re: Relaxation of SPEA in Support of and Application for a Development Permit Pursuant to the RAR - Requirements.
(07-447) It was moved and seconded that:
Option C.) That the request for the Letter of Flex be accommodated for the infringing portion of the building as well as the porch aerial trespass. That the proponents be obligated to remove all other structures from the SPEA, and further, that the proponents provide the CVRD with a plan to restore the remaining portion of the SPEA as well as to add aequal amount of riparian area in compensation for the trespass.
And further that: That application number 01-1-07 DP RAR (Gaudreau) be approved subject to the following conditions:
• Acceptance of the RAR report by approving agencies, • Removal of all garbage, waste oil storage and storage sheds to areas outside of the SPEA, • Restoration and remediation of the non flex portion of the SPEA be undertaken. • Additional inclusion of riparian area to ensure that the total SPEA for Coonskin Creek is maintained after "bending".
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All measures to protect the SPEA outlined in the RAR report # 476 be met, That a landscaping bond of ($22,850) based on 200% of the value of the approved restoration and replanting plan prepared by a Qualified Environmental Professional be placed on the site. 75% of the bond to be returned on completion of planting and restoration. The remainder to be returned after the monitoring period of two years and viability of landscaping to ensure the successful restoration and enhancement proposed by the QEP is accomplished. A post construction and monitoring report be provided to the approving agencies and CVRD on completion of project and annually for the next two years. A Covenant on the modified SPEA be registered on title.
MOTION CARRIED
PUBLIC HEARINGS
PHI Public Hearing Report and Minutes re: Official Community Plan Amendment Bylaw No. 2953 and Zoning Amendment Bylaw No. 2954 applicable to Electoral Area B - Shawnigan Lake (Shaw/Witt/Arndt), were considered:
(07-448) It was moved and seconded that the Official Community Plan Amendment Bylaw No. 2953 and Zoning Amendment Bylaw No. 2954 applicable to Electoral Area B - Shawnigan Lake (ShawAVitt/Arndt), be received.
MOTION CARRIED
BYLAWS
Bl It was moved and seconded that "CVRD Bylaw No. 2550 - (07-449) Cowichan Lake Arena Capital Project Reserve Fund Amendment (Name Change) Bylaw, 2007, be granted 1st, 2nd and 3 rd reading.
MOTION CARRIED
Bl It was moved and seconded that "CVRD Bylaw No. 2550 - (07-450) CowichanLake Arena Capital Project Reserve Fund Amendment (Name Change) Bylaw, 2007, be adopted.
MOTION CARRIED
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B2 It was moved and seconded that "CVRD Bylaw No. 2798 - Area (07-451) H - North Oyster/Diamond Zoning Amendment (Density Averaging Repeal) Bylaw, 2006", be adopted.
MOTION CARRIED
B3 and B4 It was moved and seconded that "CVRD Bylaw No. 2912 - Area (07-452) E_ Cowichan Koksilah Official Community Plan Amendment Bylaw (The Village At Paldi; Cherokee Land Investments), 2007", and "CVRD Bylaw No. 2913 - Area F - Cowichan Lake South/Skutz Falls Zoning Amendment Bylaw (The Village At Paldi; Cherokee Land Investments), 2007", be referred to the Electoral Services Committee as soon as practicable prior to the next Board meeting.
MOTION CARRIED
B5 It was moved and seconded that "CVRD Bylaw No. 2951 - (07-453) Cobble Hill Historical Society Annual Contribution Service Establishment Bylaw, 2007", be granted 1st, 2nd and 3rd reading.
MOTION CARRIED.
B6 It was moved and seconded that "CVRD Bylaw No. 2953 - Area (07-454) B - Shawnigan Lake Official Community Plan Amendment Bylaw (Shaw/Witt/Arndt), 2007", be granted 3rd reading.
MOTION CARRIED
B6 It was moved and seconded that "CVRD Bylaw No. 2953 - Area (07-455) B - Shawnigan Lake Official Community Plan Amendment Bylaw (Shaw/Witt/Arndt), 2007", be adopted.
MOTION CARRIED
B7 It was moved and seconded that "CVRD Bylaw No. 2954 - Area (07-456) B - Shawnigan Lake Zoning Amendment Bylaw (Shaw/ Witt/Arndt) 2007", be granted 3rd reading.
MOTION CARRIED
B7 It was moved and seconded that "CVRD Bylaw No. 2954 - Area (07-457) B - Shawnigan Lake Zoning Amendment Bylaw (Shaw/ Witt/Arndt) 2007", be adopted.
MOTION CARRIED
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B8 It was moved and seconded that "CVRD Bylaw No. 2955 - (07-458) Bayview Estates Sewer System Amendment Bylaw, 2007", be adopted.
MOTION CARRIED
B9 It was moved and seconded that "CVRD Bylaw No. 2956 - (07-459) Bayview Estates Sewer System Management Amendment Bylaw, 2007", be granted 1st, 2nd and 3rd reading.
MOTION CARRIED
B9 It was moved and seconded that "CVRD Bylaw No. 2956 - (07-460) Bayview Estates Sewer System Management Amendment Bylaw, 2007", be adopted.
MOTION CARRIED
BIO It was moved and seconded that "CVRD Bylaw No. 2957 - (07-461) Bayview Estates Sewer System Parcel Tax Roll Amendment Bylaw 2007", be granted 1st, 2nd and 3rd reading.
MOTION CARRIED
BIO It was moved and seconded that "CVRD Bylaw No. 2957 - (07-462) Bayview Estates Sewer System Parcel Tax Roll Amendment Bylaw 2007", be adopted.
MOTION CARRIED
Bll It was moved and seconded that "CVRD Bylaw No. 2958 - (07-463) Bayview Estates Sewer System Capital Reserve Fund Amendment Bylaw, 2007", be granted 1st, 2nd, and 3rd reading.
MOTION CARRIED
Bll It was moved and seconded that "CVRD Bylaw No. 2958 - (07-464) Bayview Estates Sewer System Capital Reserve Fund Amendment Bylaw, 2007", be adopted.
MOTION CARRIED
B12 It was moved and seconded that "CVRD Bylaw No. 2959 - (07-465) Bayview Estates Drainage Service Amendment Bylaw, 2007", be adopted.
MOTION CARRIED
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B13 It was moved and seconded that "CVRD Bylaw No. 2960 - (07-466) Bayview Estates Drainage System Management Amendment Bylaw, 2007", begranted 1st, 2nd and 3rd reading.
MOTION CARRIED
B13 It was moved and seconded that "CVRD Bylaw No. 2960 - (07-467) Bayview Estates Drainage System Management Amendment Bylaw, 2007", be adopted.
MOTION CARRIED
B14 It was moved and seconded that "CVRD Bylaw No. 2961 - (07-468) Bayview Estates Drainage System Capital Reserve Fund Amendment Bylaw, 2007", be granted 1st, 2nd and 3rd reading.
MOTION CARRIED
B14 It was moved and seconded that "CVRD Bylaw No. 2961 - (07-469) Bayview Estates Drainage System Capital Reserve Fund Amendment Bylaw, 2007", be adopted.
MOTION CARRIED
B15 It was moved and seconded that "CVRD Bylaw No. 2962 - (07-470) Bayview Estates Street Lighting Service Amendment Bylaw, 2007", be adopted.
MOTION CARRIED
B16 It was moved and seconded that "CVRD Bylaw No. 2963 - (07-471) Bayview Estates Street Lighting CapitalService Reserve Fund Amendment Bylaw, 2007", be granted 1st, 2ntf and 3rd reading
MOTION CARRIED
B16 It was moved and seconded that "CVRD Bylaw No. 2963 - (07-472) Bayview Estates Street Lighting CapitalService Reserve Fund Amendment Bylaw, 2007", be adopted.
MOTION CARRIED
B17 It was moved and seconded that "CVRD Bylaw No. 2968 - Area (07-473) D - Cowichan Bay Zoning Amendment (1-1 Zone Update) Bylaw, 2007", be granted 1st and 2nd reading.
MOTION CARRIED
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B18 It was moved and seconded that "CVRD Bylaw No. 2975 - Area (07-474) G - Saltair/Gulf Islands Zoning Amendment Bylaw (Mini- Storage/Mohr), 2007", be granted 3rd reading.
MOTION CARRIED
B19 It was moved and seconded that "CVRD Bylaw No. 2976 - Area (07-475) A - Mill Bay/Malahat Official Community Plan Amendment Bylaw (Spectacle Lake Developments/Boas), be2007", granted 1st and 2nd reading.
MOTION CARRIED
B20 It was moved and seconded that "CVRD Bylaw No. 2977 - Area (07-476) A - Mill Bay/Malahat Zoning Amendment Bylaw (Spectacle Lake Developments/Boas), 2007", be granted 1st and 2nd reading.
MOTION CARRIED
B21 It was moved and seconded that "CVRD Bylaw No. 2982 - (07-477) Security Issuing (Loan Authorization Bylaw No. 2786 and Loan Authorization Bylaw No. 2828) Bylaw, 2007", be granted 1st, 2nd and 3rd reading.
MOTION CARRIED
B21 It was moved and seconded that "CVRD Bylaw No. 2982 - (07-478) Security Issuing (Loan Authorization Bylaw No. 2786 and Loan Authorization Bylaw No. 2828) Bylaw, 2007", be adopted.
MOTION CARRIED
B22 It was moved and seconded that "CVRD Bylaw No. 2985 - Area (07-479) A - Mill Bay/Malahat Zoning Amendment Bylaw (Brentwood College Association Inc.), 2007", be granted 1st and 2nd reading.
MOTION CARRIED
B23 It was moved and seconded that "CVRD Bylaw No. 2986 - (07-480) Cowichan Community Centre Capital Project Reserve Fund Expenditure Bylaw, 2007", be granted 1st, 2nd and 3rd reading.
MOTION CARRIED
Page 123 of 200 Minutes - July 11 Cowichan Valley Regional District
CVRD Board Minutes-July 11,2007 Page 18
B23 It was moved and seconded that "CVRD Bylaw No. 2986 - (07-481) Cowichan Community Centre Capital Project Reserve Fund Expenditure Bylaw, 2007", be adopted.
MOTION CARRIED
B24 It was moved and seconded that "CVRD Bylaw No. 2991 - (07-482) Industrial Park Function Reserve Fund Transfer Bylaw, 2007", be granted 1st, 2nd and 3rd reading.
MOTION CARRIED
B24 It was moved and seconded that "CVRD Bylaw No. 2991 - (07-483) Industrial Park Function Reserve Fund Transfer Bylaw, 2007", be adopted.
MOTION CARRIED
B25 It was moved and seconded that "CVRD Bylaw No. 2992 - (07-484) Kinsol Trestle Restoration Service Establishment Bylaw, 2007", be granted 1st, 2nd and 3rd reading.
Opposed: Directors Hodson, Cossey, Dorey, Tansley, Seymour, Lefebure, Marcotte, Duncan and Alternate Director Murray
MOTION DEFEATED
B26 It was moved and seconded that "CVRD Bylaw No. 2993 - (07-485) Regional Park Reserve Expenditure Bylaw, 2007", be granted 1st, 2nd and 3rd reading.
Opposed: Alternate Director Murray
MOTION CARRIED
B26 It was moved and seconded that "CVRD Bylaw No. 2993 - (07-486) Regional Park Reserve Expenditure Bylaw, 2007", be adopted.
MOTION CARRIED
RESOLUTIONS No resolutions
UNFINISHED No unfinished business BUSINESS
NEW BUSINESS No new business
Page 124 of 200 Minutes - July 11 Cowichan Valley Regional District
CVRD Board Minutes-July 11,2007 Page 19
RESOLVED INTO It was moved and seconded that the meeting be closed to the CLOSED SESSION public in accordance with the Community Charter Part 4, 8:27 pm Division 3, Section 90, Subsection (1) (a). (07-487) MOTION CARRIED
RISE FROM It was moved and seconded that the Board rise with report. CLOSED SESSION 8:46 pm MOTION CARRIED (07-491)
CLOSED SESSION REPORT
CSSR1 It was moved and seconded that the following appointments to (07-490) the Environment Commission be approved for a term to expire December 31,2008:
J. Francis Hugo Brandy Gallagher Clare Frater Roger Dean Wiles Brian Roberts Jessica Rogers John T. Wilson Chris Wood Donna Morton Roger Hunter Peter Keber Jon Lefebure Director Loren Duncan Director Rob Hutchins
MOTION CARRIED
ADJOURNMENT It was moved and seconded that the meeting be adjourned. (07-492) MOTION CARRIED
The meeting adjourned at 8:56 pm
Certified Correct:
Vice Chair Corporate Secretary
Dated:
Page 125 of 200 Page 126 of 200 Bylaw No. 3286
BYLAW NO. 3286 Official Community Plan Amendment (No. 2 - Rural) Bylaw, 2007 The council of The Corporation of the District of North Cowichan, in open meeting assembled, enacts as follows: (1) This bylaw amends “Official Community Plan Bylaw 2002", No. 3130, by adding the following to section two, subsection 7.1 [Encouraging Complete Communities (Goal 3)] < Despite the previous bullet, Council may consider rezoning applications in rural areas to allow additional residential parcels when: • the applicant can demonstrate how a limited amount of residential development will produce, complement and expand rural economic development activity, preserve natural area for public use, and incorporate provisions for the long term security of the land (i.e., Agricultural Land Reserve designation, covenants on use); • rural viewscapes from public areas are maintained; • any adjacent agricultural or resource uses (i.e. forestry, gravel removal) are appropriately buffered; • the development does not impose unreasonable added cost on municipal infrastructure or servicing; and • where property is in the Agricultural Land Reserve, the Commission has determined that the land is unsuitable for agriculture and has approved subdivision or exclusion. In evaluating proposals for new rural residential lots created in this manner, Council will seek to ensure that rural residential increases do not proportionally exceed the residential increase in growth centres. Bylaw readings First reading ...... March 7, 2007 Second reading ...... June 6, 2007 Public hearing ...... June 21, 2007 Third reading ...... , 2007 Adopted ...... , 2007
______Mark O. Ruttan, Director of Administration Jon W. Lefebure, Mayor
This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan.
Page 127 of 200 Page 128 of 200 Bylaw No. 3287
BYLAW NO. 3287 Zoning Amendment (No. 1 - Rural) Bylaw, 2007
The council of The Corporation of the District of North Cowichan, in open meeting assembled, enacts as follows: 1 “Zoning Bylaw 1997" No. 2950, is amended (a) in section 52(1) by adding “Accessory Dwelling Unit” before “Agriculture” ; (b) in section 52(4)(a)(i) by adding the following sentence: If constructed as a separate structure, the second unit shall be an accessory dwelling unit. ; and (c) in Schedule “C” by reclassifying those properties on the west side of the Trans Canada Highway, shown outlined in bold, and hatched and cross-hatched on Schedule “A”, attached to and forming part of this bylaw, from Rural Zone (A2) and Public Use Zone (PU), respectively, to Rural Resources Zone (A4).
Bylaw readings First reading ...... April 4, 2007 Second reading ...... April 4, 2007 Rescind Second reading and Read as Amended ...... June 20, 2007 Public hearing ...... June 21, 2007 Third reading ...... , 2007 Approved by the Minister of Transportation ...... , 2007 Adopted ...... , 2007
______Mark O. Ruttan, Director of Administration Jon W. Lefebure, Mayor
This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan.
Page 129 of 200 Bylaw No. 3287
SCHEDULE “A”
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Page 130 of 200 Bylaw No. 3288
BYLAW NO. 3288 Zoning Amendment Bylaw (No. 2 - Maple Bay/Church Roads), 2007
The council of The Corporation of the District of North Cowichan, in open meeting assembled, enacts as follows: 1 “Zoning Bylaw 1997”, No. 2950, is amended by re-classifying a portion of 1988 Maple Bay Road (part of Lot 1, Section 18, Range 1, Cowichan District, Plan 2763, except part shown outlined in red and marked F on Plan 397 BL and except parts in Plans 6121, 30922 and VIP62048 - Folio 325-000) and 5855 Church Road (Lot A, Section 18, Range 1, Cowichan District, Plan 30922 - Folio 603-500), both shown outlined in bold on Schedule “A”, attached to and forming part of this bylaw, from Residential Restricted zone (R2) to Residential Townhouse zone (R6).
First reading...... February 21, 2007 Second reading ...... February 21, 2007 Public hearing ...... May 31, 2007 Third reading...... July 18, 2007 Adopted ...... , 2007
______M.O. Ruttan, Director of Administration J. W. Lefebure, Mayor
This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan.
Page 131 of 200 Bylaw No. 3288
SCHEDULE “A”
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Page 132 of 200 Bylaw No. 3295
BYLAW NO. 3295 Zoning Amendment Bylaw (No. 4 - Mays Road), 2007
The council of The Corporation of the District of North Cowichan, in open meeting assembled, enacts as follows: 1 “Zoning Bylaw 1997", No. 2950, is amended by re-classifying 7479 Mays Road (Lot 2, Section 13, Range 6, Somenos District, Plan 41382, Except Plan 43971, VIP52756 and VIP58502 - Folio 5171-025), shown outlined in bold on Schedule “A”, attached to and forming part of this bylaw, from Agricultural zone (A1) to Rural zone (A2).
First reading ...... June 6, 2007 Second reading ...... June 6, 2007 Public Hearing ...... June 21, 2007 Third reading ...... , 2007 Adoption ...... , 2007
______M. O. Ruttan, Director of Administration J. W. Lefebure, Mayor
This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan.
Page 133 of 200 Bylaw No. 3295
SCHEDULE “A”
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Page 134 of 200 Bylaw No. 3296
BYLAW NO. 3296 Zoning Amendment Bylaw (No. 5 - Gibbins Road), 2007
The council of The Corporation of the District of North Cowichan, in open meeting assembled, enacts as follows: 1 “Zoning Bylaw 1997", No. 2950, is amended by re-classifying 3355 Gibbins Road (Lot 1, Sections 17 and 18, Ranges 3 and 4, Quamichan District, Plan 14766 - Folio 1584-000), shown outlined in bold on Schedule “A”, attached to and forming part of this bylaw, from Rural zone (A2) to Agricultural zone (A1) and Rural Restricted zone (A3).
First reading ...... June 6, 2007 Second reading ...... June 6, 2007 Public Hearing ...... June 21, 2007 Third reading ...... , 2007 Adoption ...... , 2007
______M. O. Ruttan, Director of Administration J. W. Lefebure, Mayor
This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan.
Page 135 of 200 Bylaw No. 3296
SCHEDULE “A”
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Page 136 of 200 Bylaw No. 3297
BYLAW NO. 3297
Delegation of Authority Bylaw, 2007
Adopted…, 2007
WHEREAS Part 5, Division 6 of the Community Charter empowers a municipal council, by bylaw, to delegate its powers, duties and functions, including those specifically established by an enactment, to the extent provided;
AND WHEREAS Council considers that there are a number of circumstances where such delegation would foster good government;
NOW THEREFORE, the Council of the Corporation of the District of North Cowichan, in open meeting assembled, enacts as follows:
Definitions
1 In this Bylaw:
“Approving Officer” means the municipal officer assigned responsibility to administer the subdivision bylaw;
“Chief Administrative Officer” means the municipal officer appointed under section 147 [chief administrative officer] of the Community Charter ;
“Chief Building Inspector” means the municipal position assigned responsibility to administer Part 3, Division 8 [Building Regulation] of the Community Charter ;
“Corporate Officer” means the municipal officer assigned the responsibility of corporate administration under section 148 [corporate officer] of the Community Charter ;
“Council” means the Council of the Corporation of the District of North Cowichan;
“Director of Finance” means the municipal officer appointed under section 149 [financial officer] of the Community Charter .
This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan .
Page 137 of 200 Bylaw No. 3297
“Local Assistant to the Fire Commissioner” means the person appointed as such under the Fire Services Act ;
“Municipal Forester” means the person appointed by Council to manage North Cowichan’s municipal forest reserves.
Scope of bylaw
2 For clarity, unless a power, duty or function of Council has been expressly delegated by this bylaw or another municipal bylaw, all of the powers, duties and functions of Council remain with Council.
Delegation to persons holding position
3 Where this bylaw delegates a power, duty or function to a named position, the delegation of the power, duty or function is to the person who holds the position and to any person who is the deputy or assistant of that person.
No sub-delegation
4 For clarity, a person to whom a power, duty or function has been delegated under this bylaw has no authority to further delegate to another person any power, duty or function that has been delegated by this bylaw.
Land use approvals delegation
5 (1) Council delegates to the Chief Administrative Officer all of the powers, duties and functions of Council in respect of
(a) development permits under sections 920 [development permits] and 925 [requirement for security] of the Local Government Act where no variances of municipal bylaws are involved, and
(b) temporary industrial use permits for rock crushing or screening under section 921 [temporary commercial and industrial permits] of the Local Government Act, where the crushed or screened rock is to remain on site.
(2) Council delegates to the Chief Administrative Officer the power to require security under section 925 [requirement for security] of the Local Government Act , for the purposes set out in that section, in the amount of 100% of the estimated costs, as determined by a qualified professional, or another person accepted by the District.
Land use approvals reconsideration
6 (1) An owner of property that is dissatisfied with the decision made under section 5 is entitled to have the decision reconsidered by Council in accordance with this section.
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Page 138 of 200 Bylaw No. 3297
(2) An owner who wishes to have Council reconsider a decision must apply in writing to Council within 30 days after the decision has been communicated in writing to the owner, setting out
(a) the name of the delegate who made the decision, the date of the decision, and the nature of the decision,
(b) reasons why the owner wishes Council to reconsider the decision,
(c) the new decision the owner requests Council to make, with brief reasons to support the new decision, and
(d) a copy of any materials that the owner considers relevant to the reconsideration.
(3) Council must reconsider the decision at a regular meeting of Council held within thirty days after the date on which the application is delivered to the Corporate Officer.
(4) The Corporate Officer must
(a) place each reconsideration application on the agenda of a regular meeting of Council in accordance with subsection (3),
(b) give notice of each reconsideration by Council in accordance with any notice requirements in respect of the original application, and
(c) before each reconsideration by Council, deliver to each Council member a copy of the materials that were considered by the delegate in making the decision that is to be reconsidered.
(5) In reconsidering a decision, Council must consider the material that was considered by the delegate in making the decision.
(6) At a reconsideration of a decision, the owner and any other person who is interested in the decision are entitled to be heard by Council.
(7) Council is entitled to adjourn a reconsideration of a decision.
(8) After having reconsidered a decision, Council may either confirm the decision or may set aside the decision and substitute the decision of Council.
Strata conversions
7 Council delegates to the Chief Administrative Officer the power to approve a strata subdivision conversion application for a two-family residential dwelling if
Page 3 of 6
Page 139 of 200 Bylaw No. 3297
(a) the property complies with bylaw No. 2850, being the “Zoning Bylaw 2005", or receives a variance from Council or the Board of Variance,
(b) the Chief Building Inspector determines that the dwelling complies with the Building Code , and all other applicable codes, standards, and enactments, and
(c) every required servicing upgrade is completed.
Parcel frontage
8 Council delegates to the Approving Officer the power to exempt a parcel from the statutory minimum frontage required under section 944(1) [parcel frontage on highway] of the Local Government Act .
Release of charges
9 Council delegates to the Mayor and Corporate Officer the power to release, on the approving officer’s recommendation, obsolete charges from land titles registered in the Victoria Land Title Office.
Municipal street use
10 Council delegates to the Chief Administrative Officer the power to approve applications for temporary private uses of municipal streets which include, but are not limited to, parades, walk-a-thons, fundraisers, and races.
Park use
11 Council delegates to the Chief Administrative Officer the power to approve special events on land reserved, dedicated, or held for park purposes, so long as the special event is consistent with zoning and restrictions on title, if any.
Outdoor burning ban
12 (1) Council delegates to the Local Assistant to the Fire Commissioner the power to ban outdoor burning in all, or part of, the North Cowichan, for as many as 30 days if a fire hazard exists.
(2) If the Local Assistant to the Fire Commissioner acts under the previous subsection he or she must notify the public.
Forest reserve closure
13 (1) Council delegates to the Municipal Forester the power to close or limit the use for as many as 30 days of all or part of the Municipal Forest Reserve, established under bylaw No. 335, being the “Reforestation Bylaw 1946”, or lands managed for forestry purposes (a) to protect the forest from a danger of fire or another danger,
Page 4 of 6
Page 140 of 200 Bylaw No. 3297
(b) during active forestry operations, or
(c) to protect the public from danger.
(2) If the Municipal Forester acts under subsection (1), he or she must notify the public.
Agreements
14 (1) Council delegates to the Corporate Officer the power to sign berthage agreements on behalf of North Cowichan.
(2) Council delegates to the Mayor and Corporate Officer the power to amend or extend agreements previously approved and authorized by Council.
Purchasing decisions and agreements
15 Council delegates to its municipal officers the power to make purchase decisions and sign agreements for budgeted goods and services.
Notices
16 (1) Council delegates to the Corporate Officer the duty to give notices required under the following provisions of the Community Charter :
(a) section 26(1) [notice of proposed property disposition];
(b) section 40(3) [notice of permanent closure and removal of highway dedication];
(c) section 59(3) [notice of business regulation bylaw];
(d) section 99(3) [notice of meeting to consider annual municipal report].
(2) Council delegates to the Technical Planning Committee the duty to give notices under the following sections of the Local Government Act :
(a) section 921(4) [temporary commercial and industrial permits];
(b) section 922(4) [development variance permits].
Forms
17 Council delegates to its officers responsible for administering bylaws, the power to prescribe forms required by bylaw. Reports
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Page 141 of 200 Bylaw No. 3297
18 Council delegates to the Director of Finance the duty to prepare the report required by section 168 [reporting of council remuneration, expenses and contracts] of the Community Charter.
Audit Committee
19 Council delegates its powers, duties and functions under section 170 [Audit Committee] of the Community Charter to the Administration and Finance Committee.
Freedom of Information
20 This bylaw amends section 3.1 of bylaw No. 2617, being the “Freedom of Information Bylaw 1994”, by striking out the word “Council” and substituting the words “Chief Administrative Officer”.
Sheep compensation claims
21 Council delegates to the Chief Administrative Officer the power to settle claims submitted under Bylaw No. 1828, being the “Sheep Owners Compensation Bylaw 1979".
Repeal
22 This bylaw repeals bylaw 3103, being the “Delegation bylaw 2001", and all amendments to it.
Bylaw readings
First Reading ...... June 20, 2007 Second Reading ...... July 18, 2007 Third Reading ...... July 18, 2007 Adopted ...... , 2007
M.O. Ruttan, Director of Administration J.W. Lefebure, Mayor
Page 6 of 6
Page 142 of 200 Bylaw No. 3300
BYLAW NO. 3300 Municipal Ticket Information System Bylaw, 2007 Adopted on…, 2007. WHEREAS the Community Charter authorizes Council, by bylaw, to (a) designate those bylaws which may be used as a means of a ticket, (b) designate as bylaw enforcement officers those persons who come within a class prescribed by regulation for that purpose, (c) designate an offence against a bylaw by means of any word or expression on a ticket, and (d) set a fine not exceeding an amount set by regulation for contravention of a designated bylaw; NOW THEREFORE, council of The Corporation of the District of North Cowichan, in open meeting assembled, enacts as follows: 1 The bylaws listed in Column 1 of Schedule “A” of this bylaw may be enforced by means of a ticket in the form prescribed by regulation under the Community Charter. 2 The persons who act in the positions listed in Column 2 of Schedule “A” to this bylaw are designated as bylaw enforcement officers for the purpose of enforcing the bylaws listed in Column 1 of Schedule “A” opposite the respective positions. 3 The words or expressions appearing in Column 1 of Schedule “B” of this bylaw designate the offence committed under the bylaw section number appearing in Column 2 of Schedule “B” opposite the respective words or expressions. 4 The amounts appearing in Column 3 of Schedule “B” of this bylaw are the fines for contravention of the bylaw offences set out in Column 1 of Schedule “B” of this bylaw. 5 Schedules “A” and “B” attached to this bylaw are part of this bylaw. 6 This bylaw repeals bylaw No. 2858, “Ticket Information Utilization Bylaw 1996”, and all amendments to it. 7 If any provision of this bylaw is found invalid by a court of competent jurisdiction, the provision must be severed so that the remainder of this bylaw remains valid.
This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan.
Page 143 of 200 Bylaw No. 3300
Bylaw readings First reading ...... July 18, 2007 Second reading ...... July 18, 2007 Third reading ...... July 18, 2007
______M. O. Ruttan, Director of Administration J. W. Lefebure, Mayor
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Page 144 of 200 Bylaw No. 3300
SCHEDULE “A”
Designated Bylaw Designated Bylaw Enforcement Of ficers Animal Control Bylaw 1995, No. 2856 Bylaw Enforcement Officer, Animal Control Officer, Poundkeeper, and RCMP Blasting Bylaw 2006, No. 3255 Bylaw Enforcement Officer, and Director of Engineering & Operations Building Bylaw 2003, No. 3172 Bylaw Enforcement Officer and Building Inspector Business Licence Bylaw 2002, No. 3153 Bylaw Enforcement Officer, Licencing Inspector, and Building Inspector Fire Protection Bylaw 2005, No. 3237 Bylaw Enforcement Officer, Local Assistants to the Fire Commissioner, and Municipal Forester Fireworks Bylaw 1974, No. 1579 RCMP, Bylaw Enforcement Officer, and Clerk Float Home Standards Bylaw 1999, No. 3015 Bylaw Enforcement Officer, and Building Inspector Highway Use Bylaw 1988, No. 2261 Bylaw Enforcement Officer, RCMP, Animal Control Officer, and Commercial Transport Inspection Officer Noise Bylaw 1995, No. 2857 RCMP, Bylaw Enforcement Officer, and Animal Control Officer Nuisance (Controlled Substance) Bylaw 2006, RCMP, Bylaw Enforcement Officer, Building No. 3246 Inspector Park Regulation Bylaw 1995, No. 2835 RCMP and Bylaw Enforcement Officer Sign Regulation Bylaw 2002, No. 3152 Bylaw Enforcement Officer, Building Inspector, and Clerk Traffic Bylaw 1988, No. 2276 Bylaw Enforcement Officer and RCMP Untidy and Unsightly Premises Bylaw 1991, Bylaw Enforcement Officer No. 2590 Waterworks Bylaw 1995, No. 2839 Bylaw Enforcement Officer and Building Inspector Zoning Bylaw 1997, No. 2950 Bylaw Enforcement Officer, Licencing Inspector, and Building Inspector
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Page 145 of 200 Bylaw No. 3300
SCHEDULE “B”
Part 1 - Animal Control Bylaw 1995, No. 2856
Of fence Section Fine No Dog Licence 4 $ 100.00 Licence Tag Not Affixed 12 50.00 No Kennel Licence 15 100.00 Kennel Too Close to Property Line 19 100.00 Animal at Large 21 100.00 Dog Not Leashed 23 50.00 Dog Harassing or Molesting Person or Animal 24 200.00 Vicious Dog Not Muzzled 25 200.00 Vicious Dog Not Leashed 25 200.00 Vicious Dog Not Securely Confined 26 200.00 Fail to Dispose of Dog Excrement 28 25.00 Refuse to Allow Inspection 39 200.00 Refuse to Deliver Dog 40(1) 100.00 Interfere with Poundkeeper/Animal Control Officer 44 200.00 Unlawful Keeping of Animals 46 100.00 Fail to Setback Structure or Enclosure 47 100.00 Unlawful Animal Exhibition 50 100.00
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Page 146 of 200 Bylaw No. 3300
SCHEDULE “B”
Part 2 - Blasting Bylaw 2006, No. 3255
Of fence Section Fine No Permit 1 $ 100.00 Blast after 6:00 p.m. but before 7:00 a.m. 3(4)(a) 100.00 Blasting on Sunday 3(4)(b) 100.00 Fail to Abide Conditions of Blasting Near School 3(4)(c) 200.00 Blast when Conditions Prohibit Blasting 3(4)(d) 100.00 Fail to Abide Conditions of Blasting Permit 3(4)(e) 100.00 Fail to Arrange Pre-blast Inspection 3(5)(a) 100.00 Fail to Provide Inspection Report when Requested 3(5)(b) 100.00 Fail to Provide Seismic Monitoring 3(5)(c) 100.00 Fail to Give Notice of Exceeding Maximum Ground Vibration 3(5)(d) 100.00 Fail to Keep Accurate Records 3(5)(e) 100.00 Fail to Make Records Available 3(5)(f) 100.00 Exceed Maximum Ground Vibration 3(6) 100.00 Fail to Return Cancelled Permit 3(8) 100.00 Fail to Give Notice of Blast within 300 Metres of House 4(1)(a) 100.00 Fail to Take Necessary Precautions to Protect Property 4(1)(b) 100.00 Fail to Warn of Blast Near Public Thoroughfare 4(2) 100.00 Blast within 300 Metres of Hospital Without Giving 24hrs Notice 4(3) 100.00 Interfere with Director of Operations 4(4) 100.00
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Page 147 of 200 Bylaw No. 3300
SCHEDULE “B”
Part 3 - Building Bylaw 2003, No. 3172
Of fence Section Fine No Building Permit 6(a) $ 100.00 Fail to Abide Work Stop Order 6(b) 200.00 Submit False Permit Application Information 6(c) 200.00 Interfere with Building Inspectors Duties 6(d) 200.00 Work Contrary to Plans 6(e) 100.00 Tamper with Notice, Permit or Certificate 6(f) 100.00 No Occupancy Permit 6(g)(i) 100.00 Occupancy Contrary to Permit or Notice 6(g)(iii) 100.00 Fail to Post Permit 14(4)(a) 50.00 No Occupancy Certificate 14(4)(b) 100.00 Fail to Post Address 14(4)(c) 50.00 Fail to Furnish Sewer Hookup Information 14(4)(e) 50.00 Fail to Obtain Survey of Non-Encroachment 14(5) 100.00 No Building Inspection 15(3) 100.00 No Moving Permit 17(1), (4) 100.00 No Demolition Permit 18(1) 100.00 No Fireplace or Chimney Permit 19(1) 100.00
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Page 148 of 200 Bylaw No. 3300
SCHEDULE “B”
Part 4 - Business Licence Bylaw 2002, No. 3153
Of fence Section Fine No Business Licence 2(1)(a) $ 100.00 Carrying on Business Without Licence for Each Location 2(1)(b) 100.00 Fail to Post Business Licence 3(a) 50.00 Fail to Notify Change of Mailing Address/Business Name 3(b) 50.00 Fail to Comply with Terms and Conditions of Licence 3(c) 50.00 Change Business Location Without Transfer 4(2) 50.00 Refuse to Allow Inspection 11(2) 200.00 Remove Suspension Notice 9(2) 100.00
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Page 149 of 200 Bylaw No. 3300
SCHEDULE “B”
Part 5 - Fire Protection Bylaw, 2005, No. 3237
Of fence Section Fine Allow Fire Hazard 2(1) $ 150.00 Fail to Clean Chimney When Required 2(2) 150.00 Accumulate Combustible Waste 2(3) 150.00 Block Aisle, Passage or Stairway 2(4) 50.00 Flammable Substances in Vacant Building 2(5)(a) 100.00 Unsecured Vacant Building 2(5)(b) 100.00 Unsecured Fire Damaged Building 2(6)(b) 100.00 Fail to Clean-up Debris When Required 2(7) 150.00 Fail to Eliminate Fire Hazard 2(9) 200.00 Fail to Obey Order to Assist 3(2) 100.00 Fail to Comply with Evacuation Order 3(7) 100.00 Obstruct Fire Services Personnel 3(10) 150.00 Obstruct Access to Fire Hydrant 3(12) 100.00 Enter Restricted Area 3(8) 100.00 Open Fire Hydrant 3(11) 100.00 Noncompliant Recreational Fire Pit 12 50.00 Unlawful Incineration 7(1) 100.00 Unsupervised Outdoor Fire 9 150.00 Unlawful Burning 11(1), 12 200.00 Illegal Burning to Clear, Till, or Grade Land 11(2) 200.00 Burn Prohibited Materials 11(3) 200.00
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Page 150 of 200 Bylaw No. 3300
SCHEDULE “B”
Part 6 - Fireworks Bylaw 1974, No. 1579
Of fence Section Fine Sell Fireworks 2(a) $ 100.00 Unlawfully Possess Fireworks 2(b) 100.00 Unlawfully Discharge Fireworks 2(b) 100.00
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Page 151 of 200 Bylaw No. 3300
SCHEDULE “B”
Part 7 - Float Home Standards Bylaw 1999, No. 3015
Of fence Section Fine No Building Permit 5 $ 100.00 Building Permit Not Posted 6 50.00 Flotation System Design not Certified 8 100.00 Pumps not in Working Order 9 100.00 No Sounding Pipes in Each Compartment 9 100.00 Inadequate Design for Local Conditions 11 100.00 Insufficient Flotation System 12, 14 100.00 Insufficient Flotation System Stability 13 100.00 Superstructure not Compliant with BC Building Code 15 100.00 Electrical Work not Compliant with BC Electrical Safety Act 16 100.00 Gas Work not Compliant with BC Gas Safety Act 17 100.00 Unlawful Gas-Powered Lighting, Heating or Cooking Systems 18 100.00 No Gas Detector, Audio-Visual Alarm, or Shut-off Valve 19 100.00 Unapproved Water Source 20 100.00 Plumbing not Compliant with BC Plumbing Code 21 100.00 Unapproved Sewage Disposal System 22, 49 100.00 No Safety Equipment 23 100.00 No Portable Fire Extinguisher at Entrance 24 100.00 Improperly Placed Fire Extinguisher 25 100.00 Insufficient Fire Protection 26 100.00 Smoke Detectors or Alarms not Compliant with BC Building Code 27 100.00 Insufficient Moorage Lines 28 100.00 Obstructed Access to Shore 30 100.00 Pier or Walkway Less Than 1.5 Metres in Width 31 100.00 Walkway not Equipped with Non-slip Surface 32 100.00 No Handrails on Inclined Walkways or Ramps 33 100.00
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Page 152 of 200 Bylaw No. 3300
SCHEDULE “B”
Part 7 - Float Home Standards Bylaw 1999, No. 3015
Of fence Section Fine No Construction Permit 34 100.00 No Site or Development Plan 35 100.00 Fail to Submit Site Plans for Approval 37 100.00 No Authorization for Changes in Site Plan 38 100.00 Inaccurate or Insufficient Record Keeping 39 100.00 Register not Available During Office Hours 40 100.00 Insufficient Distance Between Float Homes 43 100.00 Insufficient Open Water Access 45, 46 100.00 Insufficient Access to Float Home 47 100.00 Sewage or Oil Discharged into Water 51 200.00 Notice of Sewage Discharge Prohibition Not Posted 51 100.00 No Sewer Pump-out System Available 52 100.00 Sewer Pump-out System Unavailable when Marina Open 53 100.00 Improper Placement of Sewer Laterals 54 100.00 No Fire Safety Plan 56 200.00 Fail to Keep Marina Clean 59 100.00 Fail to Maintain Fire Fighting Equipment 60, 61, 62, 63 100.00 Fail to Keep Marina Free of Obstructions 64 100.00 Insufficient Lighting 65 100.00 Refuse to Assist in Pre-Fire Planning 66 100.00 No Fire Extinguishers at Designated Areas 67, 68 100.00 Improperly Installed Standpipe System 69 100.00 No Fire Standpipe Systems in Required Areas 70, 71, 72 100.00 Improperly Installed Hydrant or Water Supply 73 100.00 No Emergency Phone Available 75 100.00
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Page 153 of 200 Bylaw No. 3300
SCHEDULE “B”
Part 8 - Highway Use Bylaw 1988, No. 2261
Of fence Section Fine Obstruct or Foul Highway 3(1) $ 100.00 Fail to Remove Material from Highway 3(2), (3) 100.00 Park Vehicle for Upkeep on Highway 3(4) 50.00 Damage Highway through Release of Effluent 3(5) 100.00 Drag Logs or Timber over Highway 3(6) 100.00 Drive on Highway or Boulevard with Spiked Tires 3(7) 50.00 No Construction Permit 4 100.00 Fail to Comply with Construction Permit 5(b) 100.00 No Highway Access Permit 6(1) 100.00 Unauthorized Interference with Traffic 9 100.00 Place Merchandise on Highway Without Permit 10 100.00 Animal at large on Highway 11(1) 100.00 Un-permitted Animal on Sidewalk 11(2) 100.00 Animal Tethered on Highway 11(3) 100.00 Fail to Obey “No Heavy Truck Route” Restriction 13(1) 100.00 Fail to Remove Snow or Ice from Sidewalk 14 50.00 Fail to Comply with Order of Traffic Control Officer 16 150.00
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Page 154 of 200 Bylaw No. 3300
SCHEDULE “B”
Part 9 - Noise Bylaw 1995, No. 2857
Of fence Section Fine Noise which Disturbs 2 $ 100.00 Animal Noise which Disturbs 3(1) 100.00 Stereo Equipment Noise which Disturbs 3(2) 100.00 Musical Instrument Noise which Disturbs 3(2) 100.00 Engine/Motor Vehicle Noise which Disturbs 3(3) 100.00 Construction Noise which Disturbs 3(4) 100.00 Demolition Noise which Disturbs 3(4) 100.00 Loudspeaker Noise which Disturbs 3(5) 100.00
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Page 155 of 200 Bylaw No. 3300
SCHEDULE “B”
Part 10 - Nuisance (Controlled Substance) Bylaw 2006, No. 3246
Of fence Section Fine Disconnect Meter 2(a) $ 100.00 Divert Water Distribution System 2(b) 100.00 Unlawful use of Exhaust Vents 2(c) 100.00 Install Unauthorized Lighting 2(d) 100.00 Unlawful Storage or Use of Dangerous Goods 2(e) 250.00 Obstruct Exit or Remove Fire Stopping 2(f) 250.00 Unlawful Alteration of Building 2(g) 100.00 Cause or Allow Building to House Amphetamines 2(h) 100.00 Cause or Allow Growth of Mould or Fungus 3(a) 100.00 Cause or Allow Accumulation of Pesticides or Chemicals 3(b) 100.00 Cause or Allow Noxious or Offensive Trade 4 100.00 Fail to Comply with Order to Remove or Reduce Fire Hazard 5(2) 250.00 Fail to Inspect Premises 6(a) 100.00 Fail to Report Contravention 6(b)(i) 250.00 Fail to Take Compliance Action 6(b)(ii) 250.00 Fail to Remove or Clean Carpets and Curtains 8(1)(a) 100.00 Fail to Clean Walls and Ceilings 8(1)(b) 100.00 Fail to Clean Countertops and Cabinets 8(1)(c) 100.00 Fail to Clean Ducts 8(1)(d) 100.00 Occupy Prior to Safety Inspection 8(2)(e) 250.00 Occupy Prior to Completing Remedial Action 8(2)(g) 250.00 Occupy Prior to Paying fees and Service Costs 8(2)(h) 250.00 Occupy without Permit 8(2)(i) 250.00 Occupy Against Posted Notice 8(2)(j) 250.00 Fail to Provide Certification 9(1) 100.00 Fail to Obtain Certification within 60 days 9(2) 100.00
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Page 156 of 200 Bylaw No. 3300
SCHEDULE “B”
Part 10 - Nuisance (Controlled Substance) Bylaw 2006, No. 3246
Of fence Section Fine Fail to Notify Prospective Tenants of Prior Grow Op 10(2) 250.00 Interfere with an Inspection 12(2) 250.00 Interfere or Obstruct Inspector from Posting Notice 12(4) 250.00
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Page 157 of 200 Bylaw No. 3300
SCHEDULE “B”
Part 11 - Park Regulation Bylaw 1995, No. 2835
Of fence Section Fine Overnight Camping 2 $ 200.00 In Park when Closed 2 200.00
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Page 158 of 200 Bylaw No. 3300
SCHEDULE “B”
Part 12 - Sign Regulation Bylaw 2002, No. 3152
Of fence Section Fine No Sign Permit 2(1) $ 100.00 Posting Political Poster or Bill Without Paying Deposit 6 50.00 Sign in Poor Repair 8 50.00 Sign on a public right-of-way 5(1)(d) 50.00
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Page 159 of 200 Bylaw No. 3300
SCHEDULE “B”
Part 13 - Traffic Bylaw 1988, No. 2276
Of fence Section Fine Stop or Park Over-length Vehicle in Lane 7(1)(a) $ 50.00 Stop or Park Over-length Vehicle in Angle Parking Zone 7(1)(b) 50.00 Park Over-weight Vehicle on Highway 7(2) 50.00 Park Trailer on Highway more than 2 Hours 7(3) 50.00 Park within 6 metres of Intersection 8(1) 50.00 Park within 2 metres of Intersecting Lane 8(2) 50.00 Park Obstructing Roadway 8(3) 50.00 Unauthorized Angle Parking on Highway 8(4) 50.00 Park on Highway more than 24 hours 8(5) 50.00 Park Obstructing Exit of Parked Vehicle 8(6) 50.00 Stop or Park on Boulevard or Boulevard Crossing 9(1) 50.00 Stop or Park within 2 metres of Private Road 9(2) 50.00 Stop or Park within 2 metres of Driveway 9(2) 50.00 Stop or Park within 2 metres of Sidewalk Crossing 9(2) 50.00 Park Next to Curb Painted Yellow or Red 9(3) 50.00 Park in Bus Stop Zone 9(3) 50.00 Park Next to Line on Road with No Curb 9(3) 50.00 Park Next to White Walking Lane Line 9(3) 50.00 Park in Fire Zone 9(4) 50.00 Park in Restricted Zone Longer than Permitted 9(5) 50.00 Fail to Reduce Speed to Avoid Splashing Pedestrian 12 50.00 Jaywalking 11(1) 50.00 Fail to Step Out of Roadway for Emergency Vehicle 11(2) 50.00 Leave Bicycle on Highway, Sidewalk, or Walkway 13(1) 50.00 Fail to Park Bicycle in Designated Area 13(2) 50.00 Place Traffic Sign on Highway 14(1) 50.00
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Page 160 of 200 Bylaw No. 3300
SCHEDULE “B”
Part 13 - Traffic Bylaw 1988, No. 2276
Of fence Section Fine Place Traffic Sign in view of Highway 14(1) 50.00 Interfere with Traffic Control Device 14(2) 100.00 Damage Traffic Control Device 14(2) 200.00 Remove Traffic Control Device 14(2) 200.00
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Page 161 of 200 Bylaw No. 3300
SCHEDULE “B”
Part 14 - Untidy and Unsightly Premises Bylaw 1991, No. 2590
Of fence Section Fine Accumulate Rubbish on Premises 2 $ 100.00 Deposit Rubbish 3 100.00 Unsightly Property 4 100.00 Place Graffiti 5 100.00 Accumulate Brush or Noxious Weeds 6 100.00
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Page 162 of 200 Bylaw No. 3300
SCHEDULE “B”
Part 15 - Waterworks Bylaw 1995, No. 2839
Of fence Section Fine Refuse to Allow Inspection 8 $ 150.00 Use of Unapproved Apparatus 10 50.00 Fail to Maintain Apparatus 11(1), (2) 50.00 Fail to Provide Backflow Prevention 11(3) 50.00 Interfere with Waterworks System 12(1) 100.00 Unlawful Entry to Watershed 13 50.00 Obstruct Access to Hydrant 14(1) 100.00 Obstruct Access to Fixture other than Hydrant 14(1) 50.00 Turn On Service Unlawfully 18(2) 50.00 Turn Off Service Unlawfully 18(3) 50.00 Use Hydrant Without Permit 20(1) 50.00 Use Standpipe Without Permit 20(1) 50.00 Connect to Main Without Consent 32 100.00 Use Material with Excessive Lead Content 33 50.00 Tamper with Meter 41(1) 100.00 Use Excessive Quantity of Water 47(1) 50.00 Improper Disposal of Water 47(2) 50.00 Increase Amount of Water Entitlement 47(3) 50.00 Use Water from Service Which Bypasses Meter 47(4) 50.00 Supply Water to Other Premises 47(5) 50.00 Use Water to Wash Street 49 50.00 Violate Water Use Restrictions: Stage One 50 75.00 Violate Water Use Restrictions: Stage Two 51 150.00 Violate Water Use Restrictions: Stage Three 52 225.00
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Page 163 of 200 Bylaw No. 3300
SCHEDULE “B”
Part 16 - Zoning Bylaw 1997, No. 2950
Of fence Section Fine Unlawful Setback 13(1)(a-c), 51(6)(a-f), 52(6)(a-e), $ 100.00 53(6)(a-d), 54(5)(a-b), 55(6)(a-c), 56(6)(a-b), 56(6.1), 57(6)(a-b), 57(6.1), 57.1(6)(a-b), 58(6)(a-b), 58(6.1), 58.1(8)(a-b), 59(6)(a-b), 59(6.1), 60(6)(a-b), 61(6)(a-b), 61(6.1), 62(6)(a-b), 62.1(6)(a-b), 63(6)(a-b), 67(5)(a-b), 67.1(7)(a-b), 68(7)(a-b), 69(5)(a-b), 70(5)(a-d), 71(5)(a-b), 72(7)(a-b), 73(6)(a-b), 74(6)(a-b), 75(10), 76(5)(a-c), 77(5)(a- d), 78(3)(a-b), 79(2)(a-b), 80(2)(a-c), 80.2(7) Insufficient Building Elevation 14 100.00 Unlawful Siting Of Accessory Building 16 100.00 Unlawful Off-Street Parking 18, 19, 20.1, 21, 23, 80.2(9) 100.00 Visitor Parking Sign not Posted 20 50.00 Undersize Parking Space 24 100.00 Unlawful Off-Street Loading Space 26, 27, 28 100.00 No Garbage Container on Site 29 100.00 Fail to Comply with Home Based Business 30(1-9), 31(1-3), 32(1-3) 100.00 Regulations Unlawful Building Projection 33, 35(1), 35(2) 100.00 Unlawful Location of Swimming Pool 34 100.00 Unlawful Visual Obstruction of Intersection 36 100.00 Fail to Enclose Swimming Pool 38 100.00 Fail to Provide Required Landscaped Screen 39(1-3) 100.00 Fail to Maintain Required Landscaped 39(1-3) 100.00 Screen Unlawful Vehicle Storage 40 100.00 Unlawful Aircraft Landing Strip 41 100.00
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Page 164 of 200 Bylaw No. 3300
SCHEDULE “B”
Part 16 - Zoning Bylaw 1997, No. 2950
Of fence Section Fine Unlawful Use 51(1), 52(1), 53(1), 54(1), 55(1), 56(1), 100.00 57(1), 57.1(1), 58(1), 58.1(1), 59(1), 60(1), 61(1), 62(1), 62.1(1), 63(1), 64(1), 65(1), 66(1), 67(1), 67.1(1), 68(1), 69(1), 70(1), 71(1), 72(1), 73(1), 74(1), 75(1), 76(1), 77(1), 78(1), 79(1), 80(1) More than 6 sleeping units in a Bed & 51(8)(a), 52(8)(a), 53(8)(d), 55(8)(d), 100.00 Breakfast 56(8)(d) Exceed Maximum Density of Use 51(4)(a)(i-iii), 52(4)(a)(i-iii), 53(4)(a- 100.00 b), 55(4)(a-b), 56(4)(a-b), 57(4)(a), 57.1(4)(a-b), 58(4)(a-d), 58.1(6)(a-b), 59(4)(a), 60(4)(a), 61(4)(a), 62(4)(a)(c), 62.1(4), 67.1(6)(a), 68(4)(a), 72(4)(a-b), 80.2(2), 80.2(4) Exceed Maximum Building Height 51(7)(a-b), 52(7)(a-b), 53(7)(a-b), 100.00 54(6)(a-b), 55(7)(a-b), 56(7)(a-b), 57(7)(a-b), 57.1(7)(a-b), 58(7)(a-b), 58.1(7), 59(7)(a-b), 60(8)(a-b), 61(7)(a-b), 62(7)(a-b), 62.1(7), 63(7)(a-b), 65(5)(a), 66(6), 67(6), 67.1(8), 68(8)(a-b), 69(6)(a-b), 70(6)(a-b), 71(6)(a-b), 72(8)(a-b), 73(7)(a-b), 74(7)(a-b), 75(9), 78(4)(a- b), 80(3)(a), 80.2(8) Exceed Maximum Lot Coverage 51(5), 52(5), 53(5), 54(4), 55(5), 56(5), 100.00 57(5), 57.1(5), 58(5), 58.1(7) 59(5), 60(9)(a-b), 61(5), 62(5), 62.1(5), 63(5), 66(4)(a-b), 67(4), 67.1(5)(a-b), 68(6), 69(4), 70(4), 71(4), 72(6), 73(4), 74(4), 75(4), 76(4), 77(4), 78(2), 65(3)(a), 80.2(6) Fail to Abide Conditions of Use 51(8)(b), 52(8)(b), 53(8)(e-f), 100.00 55(8)(a-c)(e), 56(8)(g-h), 57.1(8)(a-b), 58(8)(e)(g-i), (9), 58.1(8)(a-e), 61(11)(e), 62(11)(e), 62.1(11)(a-f), 63(12)(e), 63(2)(a-f), 65(4), 66(5)(a), 67(7)(a), 73(8), 75(6-8)
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Page 165 of 200 Bylaw No. 3300
SCHEDULE “B”
Part 16 - Zoning Bylaw 1997, No. 2950
Of fence Section Fine Overheight Fence 56(8)(a-c), 57(8)(a-c), 58(8)(a-c), 100.00 59(8)(a-c), 61(11)(a-c), 62(11)(a-c), 63(12)(a-c), 80.2(11) Exceed Maximum Floor Space Ratio 58(4)(b), 62(4)(b), 63(4)(a), 73(5), 100.00 74(5) More than 3 Sleeping Units in a Bed & 58(8)(d) 100.00 Breakfast Exceed Driveway Width 58(9) 100.00 No Buffer Between Mobile Home Pads 60(5) 100.00 Insufficient Yard Size 60(7) 100.00 Fail To Provide Required Recreation Area 60(10)(a), 61(10)(a-c), 62(10)(a-c), 100.00 62.1(10)(a-c), 63(11)(a-c) Insufficient Building Separation 61(8)(a-c), 62.(8)(a-c), 62.1(8)(a-b), 100.00 63(8)(a-c) Fail To Provide Required Landscaped Open 61(9), 62(9), 62.1(9), 63(10) 100.00 Space Fail To Adequately Screen Garbage 61(11)(d), 62(11)(d), 63(12)(d) 100.00 Receptacles Exceed Maximum Gross Floor Area 63(9), 67.1(9)(a), 68(5), 72(5), 75(5) 100.00 Exceed Maximum Residential Use 67.1(4) 100.00 Exceed Maximum Storage Area 12(4) 100.00
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Page 166 of 200 Bylaw No. 3302
BYLAW NO. 3302 Zoning Amendment Bylaw (No. 6 - Seniors Housing), 2007
Adopted on ..., 2007 The council of The Corporation of the District of North Cowichan, in open meeting assembled, enacts as follows: 1 Section 12 [ definitions] of bylaw No. 2950, “Zoning Bylaw 1997”, is amended (a) by repealing subsection (.5), (b) by adding the following after subsection (9): (9.5) “assisted living” means housing and care that is registered pursuant to the Community Care and Assisted Living Act , which provides a lockable room, separate common areas for dining and socializing, the provision of meals, housekeeping and personal care services as defined in that Act , and its amendments., (c) by repealing subsections (13) and (14), (d) by adding the following after subsection (25): (25.5) “community care facility” means any facility that provides accommodation and continuous professional care that is defined and licensed under the Community Care and Assisted Living Act , and its amendments ., (e) by adding the following after subsection (26): (26.5) “congregate housing” means a residential multiple-family building which incorporates Assisted Living, Supportive Housing or Community Care Facility units for more than ten residents, including resident staff, and includes a private lockable room, separate common areas for dining and socializing, the provision of meals, and housekeeping and may be a registered or licensed facility pursuant to the Community Care and Assisted Living Act , and its amendments.,
This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan.
Page 167 of 200 Bylaw No. 3302
(f) by repealing subsection (35) and substituting the following: (35) “family” means one or more persons related through marriage or common law, blood relationship, legal adoption, or legal guardianship, or a maximum of 5 unrelated persons occupying a single-family unit provided it is not an Assisted Living, Supportive Housing or Community Care Facility., and (g) by adding the following after subsection (122): (122.5)“supportive housing” means the use of a building designed to accommodate residents as they age and includes a private lockable room, separate common areas for dining and socializing, the provision of meals, and housekeeping, but does not include a Community Care Facility. 2 Section 21 is amended by repealing subsection (1) and substituting the following:
Apartment 1.5 spaces per dwelling unit plus 15% of the total number of units designated as visitors’ parking
Assisted Living, Supportive 1 space per 3 resident rooms plus the single-family requirements Housing, and Community Care Facilities with a maximum of 10 residents
Bed and Breakfast 1 space per guest room plus the single-family requirements
Boarding and Rooming House 1 space per boarder plus the single-family requirements
Accessory Dwelling Unit 2 spaces
Congregate Housing 1 space per 3 resident rooms plus 15% of the total number of rooms designated as visitor and staff parking
Two-Family Dwelling 4 spaces
Home-based Business 1 space per 46 m 2 (495.16 sq. ft.) gross floor area plus the single-family requirements
Mobile Home on Lot 2 spaces
Mobile Home in Park 1.5 spaces
Mobile Home Office in Park 3 spaces
Single-Family Dwelling 2 spaces
Temporary Trailer 2 spaces
Townhouse 2 spaces per dwelling unit plus 15% of the total number of units designated as visitors’ parking
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Page 168 of 200 Bylaw No. 3302
3 Section 48 [permitted in all zones] is amended by adding the following: (5) Community Care Facility for (a) a day care for no more than 8 persons, or (b) a residence for no more than 10 persons, not more than 6 of whom are persons in care, and licensed pursuant to the Community Care and Assisted Living Act , and its amendments .
4 Section 51 [agricultural zone (A1)] is amended (d) by repealing subsection (1) and substituting the following: (1) The permitted uses for the A1 zone are as follows: Agriculture Agricultural Storage Assisted Living Bed and Breakfast Campground Community Care Facility Feedlot Forestry Use Fur Farm Greenhouse Home-based Business Kennel Large Animal Hospital Manufactured Home Mobile Home Mushroom Farm Piggery Poultry Farm Riding Stable Single-Family Dwelling Slaughterhouse
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Page 169 of 200 Bylaw No. 3302
Supportive Housing
Temporary Trailer (subject to “Temporary Trailer Permit Bylaw 1976", No. 1685 ) Two-Family Dwelling, and
(b) by adding the following to subsection (8): (c) Assisted Living, Supportive Housing, and Community Care Facilities may be permitted provided that (i) the number of residents does not exceed ten, including resident staff, (ii) the use is within a single family dwelling unit only, which for clarity does not include a two-family dwelling, (iii) approval from the Agricultural Land Commission is obtained, where the property is within the Agricultural Land Reserve, (iv) valid health permits for septic systems or on-site wastewater treatment systems are obtained, and (v) each single family dwelling unit may contain this use where the property is two hectares (4.94 acres) or greater and has two single- family dwelling units.
5 Section 52 [rural zone (A2)] is amended (a) by repealing subsection (1) and substituting the following: (1) The permitted uses for the A2 zone are as follows: Accessory Dwelling Unit 1 Agriculture Agricultural Storage Assisted Living Bed and Breakfast Campground Community Care Facility Forestry Use Greenhouse Home-based Business
1 See proposed bylaw No. 3287, “Zoning Amendment No.1 - Rural, 2007”.
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Page 170 of 200 Bylaw No. 3302
Kennel Manufactured Home Mobile Home Riding Stable Single-Family Dwelling Supportive Housing
Temporary Trailer (subject to “Temporary Trailer Permit Bylaw 1976", No. 1685 ) Two-Family Dwelling, and
(b) by adding the following to subsection (8): (c) Assisted Living, Supportive Housing, and Community Care Facilities may be permitted provided that (i) the number of residents does not exceed ten, including resident staff, (ii) the use is within a single family dwelling unit only, which for clarity does not include a two-family dwelling, (iii) approval from the Agricultural Land Commission is obtained, where the property is within the Agricultural Land Reserve, (iv) valid health permits for septic systems or on-site wastewater treatment systems are obtained, and (v) each single family dwelling unit may contain this use where the property is two hectares (4.94 acres) or greater and has two single- family dwelling units.
6 Section 53 [rural restricted zone (A3)] is amended (a) by repealing subsection (1) and substituting the following: (1) The permitted uses for the A3 zone are as follows: Agriculture Agricultural Storage Assisted Living Bed and Breakfast Community Care Facility Greenhouse Home-based Business
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Page 171 of 200 Bylaw No. 3302
Manufactured Home Single-Family Dwelling Supportive Housing
Temporary Trailer (subject to “Temporary Trailer Permit Bylaw 1976", No. 1685 ) Two-Family Dwelling, and
b) by adding the following to subsection (8): (g) Assisted Living, Supportive Housing, and Community Care Facilities may be permitted provided that (i) the number of residents does not exceed ten, including resident staff, (ii) the use is within a single family dwelling unit only, which for clarity does not include a two-family dwelling, (iii) approval from the Agricultural Land Commission is obtained, where the property is within the Agricultural Land Reserve, and (iv) valid health permits for septic systems or on-site wastewater treatment systems are obtained.
7 Section 55 [rural residential zone (A5)] is amended (a) by repealing subsection (1) and substituting the following: (1) The permitted uses for the A5 zone are as follows: Assisted Living Bed and Breakfast Community Care Facility Home-based Business Manufactured Home Single-Family Dwelling Supportive Housing
Temporary Trailer (subject to “Temporary Trailer Permit Bylaw 1976", No. 1685 ) Two-Family Dwelling, and
(b) by adding the following to subsection (8): (f) Assisted Living, Supportive Housing, and Community Care Facilities may be permitted provided that
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Page 172 of 200 Bylaw No. 3302
(i) the number of residents does not exceed ten, including resident staff, (ii) the use is within a single family dwelling unit only, which for clarity does not include a two-family dwelling, (iii) approval from the Agricultural Land Commission is obtained, where the property is within the Agricultural Land Reserve, (iv) valid health permits for septic systems or on-site wastewater treatment systems are obtained.
8 Section 56 [residential rural zone (R1)] is amended (a) by repealing subsection (1) and substituting the following: (1) The permitted uses for the R1 zone are as follows: Agriculture Assisted Living Bed and Breakfast Community Care Facility Home-based Business Manufactured Home Single-Family Dwelling Supportive Housing
Temporary Trailer (subject to “Temporary Trailer Permit Bylaw 1976", No. 1685 ) Two-Family Dwelling, and
(b) by removing subsection (8)(f) and substituting the following: (f) Assisted Living, Supportive Housing, and Community Care Facilities may be permitted provided that (i) the number of residents does not exceed ten, including resident staff, (ii) the use is within a single family dwelling unit only, (iii) valid health permits for septic systems or on-site wastewater treatment systems are obtained, where no municipal sewer is available.
9 Section 57 [residential restricted zone (R2)] is amended (a) by repealing subsection (1) and substituting the following:
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Page 173 of 200 Bylaw No. 3302
(1) The permitted uses for the R2 zone are as follows: Assisted Living Community Care Facility Home-based Business Single-Family Dwelling Supportive Housing, and
(b) by adding the following to subsection (8): (c) Assisted Living, Supportive Housing, and Community Care Facilities may be permitted provided that (i) the number of residents does not exceed three, and (ii) the use is within a single family dwelling unit only.
10 Section 57.1 [residential restricted properties zone (R2-A)] is amended (a) by repealing subsection (1) and substituting the following: (1) The permitted uses for the R2-A zone are as follows: Assisted Living Community Care Facility Home-based Business Single-Family Dwelling Supportive Housing, and
(b) by adding the following to subsection (8): (c) Assisted Living, Supportive Housing, and Community Care Facilities may be permitted provided that (i) the number of residents does not exceed three, and (ii) the use is within a single family dwelling unit only.
11 Section 58 [residential one and two family zone (R3)] is amended (a) by repealing subsection (1) and substituting the following: (1) The permitted uses for the R3 zone are as follows: Agriculture
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Page 174 of 200 Bylaw No. 3302
Assisted Living Bed and Breakfast Community Care Facility Home-based Business Secondary Suite Single-Family Dwelling Supportive Housing Two-Family Dwelling, and
(b) by adding the following to subsection (8): (j) Assisted Living, Supportive Housing, and Community Care Facilities may be permitted provided that (i) the number of residents does not exceed three, and (ii) the use is within a single family dwelling unit only, which for clarity does not include a two-family dwelling.
12 Section 62 [residential multi-family zone (R7)] is amended by adding the following to subsection (1): Congregate Housing
13 Section 63 [residential multi-family apartment zone (R8)] is amended by adding the following to subsection (1): Congregate Housing
14 Section 78 [private institutional zone (P1)] is amended (a) by adding the following to subsection (1): Congregate Housing, and (b) by adding the following after subsection (4): Conditions of Use (5) For Congregate Housing use, the provisions for apartment use established in the R7 or R8 zones shall apply.
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Page 175 of 200 Bylaw No. 3302
Bylaw readings
First reading ...... July 18, 2007 Second reading ...... July 18, 2007 Public Hearing Waived ...... July 18, 2007 Third reading ...... , 2007 Approved by Ministry of Transportation ...... , 2007 Adopted ...... , 2007
______Mark O. Ruttan, Director of Administration Jon W. Lefebure, Mayor
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Page 176 of 200 Bylaw No. 3303
BYLAW NO. 3303 Parcel Tax (Tom Windsor Road Local Area Water Service) Bylaw, 2007
WHEREAS Council has established a local area service to extend the municipal water main on Tom Windosr Road by “Local Area Service (Tom Windsor Road Water Main Extension) Bylaw, 2006, No. 3279"; AND WHEREAS section 216 of the Community Charter authorizes Council, by bylaw, to impose a parcel tax to provide all or part of the funding for a local area service; AND WHEREAS section 202 of the Community Charter authorizes Council, by bylaw, to direct the preparation of a parcel tax roll for the purposes of imposing a parcel tax; NOW THEREFORE the council of The Corporation of the District of North Cowichan, in open meeting assembled, enacts as follows: 1 A parcel tax is hereby imposed to fund 90% of the costs of the local area service established by “Local Area Service (Tom Windsor Road Water Main Extension) Bylaw 2006", No. 3279 (the “Local Area Service”). 2 The parcel tax for the Local Area Service is imposed for the years 2008 through 2022, for a total of 15 years. 3 Council hereby directs the Collector to prepare a parcel tax roll (the “Parcel Tax Roll”) for the purposes of imposing the parcel tax for the Local Area Service. 4 The parcel tax for the Local Area Service will be imposed on the basis of a single amount for each parcel on the Parcel Tax Roll. 5 The amount of the parcel tax for the Local Area Service to be paid for each parcel on the Parcel Tax Roll is in accordance with Schedule “A”, attached to and forming part of this bylaw. 6 The parcel tax will be waived or reduced if the owner or a previous owner has by September 30, 2007 (a) provided all or part of the service at the owner’s expense, or (b) already paid towards the cost of the service in accordance with Item (4) on Schedule “A”.
First reading ...... , 2007 Second reading ...... , 2007 Third reading ...... , 2007 Adoption ...... , 2007
______Mark O. Ruttan, Director of Administration Jon W. Lefebure, Mayor
This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan.
Page 177 of 200 Bylaw No. 3303
Schedule “A” of Bylaw 3303
Parcel Tax
(1) Total cost of the Local Area Service $ 85,336.00 Municipality’s share (10%) 8,534.00 Owners’ share (90%) $ 76,802.00
(2) The owners’ share will be borrowed from the Local Improvement Fund, as established by Bylaw 770, being the “Local Improvement Fund Bylaw, 1959”, and repaid over 15 years together with interest at 7 per cent per annum, in accordance with the following schedule:
Year Payment Interest @ 7% Principal Balance
2008 8,296.80 4,054.14 4,242.66 72,559.34 2009 8,296.80 5,079.15 3,217.65 69,341.69 2010 8,296.80 4,853.92 3,442.88 65,898.81 2011 8,296.80 4,612.92 3,683.88 62,214.93 2012 8,296.80 4,355.05 3,941.75 58,273.18 2013 8,296.80 4,079.12 4,217.68 54,055.50 2014 8,296.80 3,783.89 4,512.91 49,542.59 2015 8,296.80 3,467.98 4,828.82 44,713.77 2016 8,296.80 3,129.96 5,166.84 39,546.93 2017 8,296.80 2,768.29 5,528.51 34,018.42 2018 8,296.80 2,381.29 5,915.51 28,102.91 2019 8,296.80 1,967.20 6,329.60 21,773.31 2020 8,296.80 1,524.13 6,772.67 15,000.64 2021 8,296.80 1,050.04 7,246.76 7,753.88 2022 8,296.80 542.77 7,754.03 -0.15
(3) The annual payment of $8296.80 will be assessed to each parcel on the Parcel Tax Roll as the parcel tax for the Local Area Service in an amount equal to $1659.36 per annum [or in an amount equal to $ 8296.80 divided by the number of taxable properties in the Local Area Service].
(4) An owner may pay the owner’s share of the total cost of the Local Area Service in the amount of $15,360.00, before September 30, 2007 .
Page 178 of 200 Bylaw No. 3304
BYLAW NO. 3304 Official Community Plan Amendment (No. 3 - Road Removal) Bylaw, 2007
The council of The Corporation of the District of North Cowichan, in open meeting assembled, enacts as follows: 1 (1) This bylaw amends “Official Community Plan Bylaw 2002", No. 3130, by deleting section 4.2 of Appendix E to remove the requirement for the provision of a future road connection from Averill Drive to Somenos Road.
Bylaw readings First reading ...... July 18, 2007 Second reading ...... , 2007 Public Hearing ...... , 2007 Third reading ...... , 2007 Adopted ...... , 2007
______Mark O. Ruttan, Director of Administration Jon W. Lefebure, Mayor
This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan.
Page 179 of 200 Page 180 of 200 Bylaw No. 3306
Bylaw No. 3306
Fees & Charges Amendment Bylaw (No. 3), 2007
Adopted on
The council of The Corporation of the District of North Cowichan, in open meeting assembled, enacts as follows:
1 "Fees and Charges Bylaw 1994", No. 2714, is amended
(a) by repealing section 8, on Schedule "A " and substituting the following:
8. Fuller Lake Arena
(1) Public Ice Skating (admissions per person):
(a) Ice Skate Rentals $1.25
(b) Ice Skate Sharpening $4.00
(c) Laces $2.75
(d) Children (12 and under) $2.50
(e) Students $3.25
(f) Adults $4.25
(g) Parent and Tot Session (per twosome) $4.25
(h) Family (up to 5 people with at least one adult) $9.50
(i) Seniors $3.50
(j) Adult Drop-In Hockey $4.75
(2) Private Ice Rental (All rates on per hour basis):
(a) Exhibition Hockey Games with Admission
(includes cashier) $169.12
(b) Adult Recreation Hockey:
(i) Prime Time $131.68
(ii) Mid-Week Daytime $87.41
This bylaw is printed by authority of the council of The Coiporation of the District of North Cowichan.
Page 181 of 200 Bylaw No. 3306
(iii) Non-Prime Time (after 11:00 p.m.) $116.53
(c) Minor Hockey, Figure Skating, Girls Hockey Schools,Youth Groups, etc.:
(i) Minor Hockey, Figure Skating, Girls
Hoc key/ Out sid e ofHockey/Outside Area $67.14/$85.46
(ii) Schools, Youth Groups/Outside of Area
(skate rental extra) $67.14/$85.46
(iii) Skating Parties (prime time) $131.68
(iv) Schools Operated by Figure Skating or
Minor Hockey to Raise Funds Negotiable
(v) Schools Operated for Commercial Gain $79.28
(vi) Non-Prime Time (prior to 8:00 a.m.) $58.27
(3) Dry Floor Rentals:
(a) Ball/Roller Hockey or Other Recreational Events:
(i) Youth/Outside of Area $37.29/$49.94
(ii) Adult/Outside of Area $49.94/$67.15
(iii) Junior A, Junior B and Intermediate Lacrosse S75.74
(iv) Commercial Shows and Special Events $739.90
(v) Service Group Fundraiser $369.95
(vi) Licensed Event - Surcharge $105.70
(4) Room Rentals:
(a) Upper or "C" Meeting Room:
(i) 3 Hour $31.71
(ii) Vi Day $47.57
(iii) Full Day $88.26
(iv) 3 Hour Commercial $47.57
(v) XA Day Commercial $71.88
(vi) Full Day Commercial $119.44
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Page 182 of 200 Bylaw No. 3306
(b) "A" and "B" Meeting Rooms: (i) 3 Hour $47.57 (ii) !/aday $71-88 (iii) Full Day $88.26 (iv) 3 Hour Commercial $71.88
(v) Vi Day Commercial $119.44
(vi) Full Day Commercial $180.22
(c) "A", "B", and "C" Meeting Rooms:
(i) 3 Hour $59.19
(ii) fc Day $107.29
(iii) Full Day $150.09
(iv) 3 Hour Commercial $88.26
(v) l/2 Day Commercial $144.28
(vi) Full Day Commercial $210.87
Bylaw readings
First reading Second reading Third reading
M.O. Ruttan, Director of Administration J.W. Lefebure, Mayor
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Page 183 of 200 Page 184 of 200 Minutes - July 18
MUNICIPALITY of North Minutes COWICHAN
Meeting Committee of the Whole
Date Wednesday, July 18, 2007
Time 4:00 p.m.
Place Municipal Hall - Large Committee Room
Members Present Mayor J. Lefebure; Councillors M. Hailey, R. Hartmann, A. Murray, Glen Ridgway, and G. Seymour (comprising a quorum)
Members Absent Councillor D. Haywood
Staff Present J. Dias, Chief Administrative Officer (CAO); M. Ruttan, Director of Administration; J. MacKay, Director of Engineering & Operations; C. Hall, Director of Planning; E. Mansueti, Parks and Recreation Director
Minutes The Committee adopted the minutes of the meeting held June 20, 2007, Committee of the Whole meeting.
Business:
Aquatic Centre The Committee reviewed the Parks and Recreation Director’s July 12, 2007 Landscaping report regarding a landscape design theme for the new Aquatic Centre.
Recommended Resolution: that Council endorse the 'Leaving a Legacy' landscape design theme for the new Aquatic Centre, as presented by Gemella Design. (File: 0760-20 AC)
Nuisance (Controlled The Committee reviewed the Legal Researcher’s July 3, 2007 report regarding Substance) Bylaw feedback received from various BC municipalities and options regarding Bylaw 3246 requiring owners to inspect their rental properties every 2-months.
It was moved, seconded and defeated , that Council draft a bylaw to remove the requirement for mandatory inspections of residential premises. (File: 3900-50GROW)
Duncan Curling Club The Committee reviewed the June 25, 2007 letter and photographs from the Vandalism Duncan Curling Club regarding ongoing vandalism of the Club’s building and property on Sherman Road. The Committee noted that the Municipality has been trying to find time to do a joint planning exercise to develop the area. Club representatives described the extent of the vandalism and trespass problems they are facing, and their intention to remove the trees this fall.
Recommended Resolution: that Council direct staff to prepare a report on the costs to remove brush from the Municipal land behind the Duncan Curling Club. (File: 7400-20) June 21 Public The Committee reviewed the Director of Administration’s June 21, 2007, report Hearing on the June 21, 2007 public hearing, regarding proposed Bylaws 3286, 3287, 3295 and 3296. The report contained staff’s summaries of the proposed rezonings, presentations by the applicants, and comments from the public.
Recommended Resolution: that Council receive and file the Director of Administration’s June 21, 2007 public hearing report, and direct staff to place
Page 1 of 2
Page 185 of 200 Minutes - July 18
Wednesday, July 18, 2007 Committee of the Whole Minutes
Bylaws 3286, 3287, 3295 and 3296 on the August 15, 2007 Regular Council meeting agenda for further consideration. (File: 3360-20)
Maple Bay Fire Hall The CAO informed the Committee that the Maple Bay Fire Hall roof needs Roof Repair repair prior to its sale. The Chief Building Inspector will be receiving an updated cost estimate from the roofing consultant.
Recommended Resolution: that Council commit to replacing the Maple Bay Fire Hall roof if there is no other suitable repair method. (File: 0750-01)
OCP Review The Committee reviewed the Director of Planning’s July 12, 2007 report Process providing a draft outline, schedule and budget for a review of the Official Community Plan.
Recommended Resolution: that Council: 1) approve the scope of work proposed in the Director of Planning’s July 12, 2007 report to undertake the Official Community Plan review; 2) direct staff to initiate the process with timing as follows: (a) limited elements of Phase I only in 2007 (except for those areas where the Advisory Planning Commission and others have expressed an interest in proceeding independent of substantial staff support), (b) continuation of Phase I and Phase II in 2008, following completion of the Echo Heights and James Street projects, (c) completion of Phase III anticipated by the summer of 2009; and 3) authorize use of the current Official Community Plan review budget for 2007 to also include any surplus in staff salary accounts, and direct staff to prepare an updated budget estimate for 2008 by December, 2007. (File: 6480- 20) Sani Dump The Committee received for information a copy of the July 10, 2007 letter from the City of Duncan regarding its proposal for a free-use sani dump at the Duncan Chamber’s proposed Visitor Info Centre. (File: 6800-01)
Somenos Open Air The Committee discussed the Somenos Marsh Wildlife Society’s June 19, 2007 Classroom Grant request for funding for its open air classroom project.
Recommended Resolution: that Council direct staff to draft a bylaw to amend the Financial Plan to grant $20,000 to the Somenos Marsh Wildlife Society towards its open air classroom project, from the Forest Legacy Fund. (File: 0250-20 SMW) New Business
Chemainus Murals The Committee reviewed concept drawings of 2 murals proposed for Chemainus.
Recommended Resolution: that Council endorse the 2 new mural designs proposed for Chemainus. (File: 6800-20 MURAL)
Adjournment The Committee rose and reported at 5:40 p.m.
Certified correct
M.O. Ruttan, Director of Administration J.W. Lefebure, Mayor
Page 2 of 2
Page 186 of 200 Development of Timbercrest Estates Lot B…Plan VIP64741
rIcTived Creative Engineering Services 5872 Sycamore St 2 k 2007 Duncan BC MEMBER V9L3E4 Phone / fax (250)748-4876 [email protected]
July 19,2007 Our File 30025
Cowichan Tribes 5760 Allenby Road Duncan, BC V9L 5J1
Attn: Chief Harvey Alphonse
Dear Sir:
RE: LOT B, PLAN VIP 64741 - TIMBERCREST
Thank you for allowing the Owner, George Schmidt of Timbercrest Estates and me attend vour Council meeting last week. Mr. Schmidt feels that the meeting was constructive ™dtoks forward to work,ng together in reaching a common ground regarding development of ^^^V^ We stated at the meeting that we would like to work with the Cowichan Tribes to aqree to a olan that will protect the historic sites located on the property while still allowing a portion oSte to be developed for single family housing generally as shown on the attached plan The dan s a reduced copy of the one you received toprior your Council meeting. P d
To confirm the discussion at the meeting, Timbercrest requests Cowichan Tribes suDoort of Hip development proposed. Your support is deemed important toprior reinstating the ezoninq S HreLth^Were ,PUt °n h°ld 3 feW yearS a9°- Since then- Timbercrest has worked with vour staff and other Consultants to investigate the site. Based upon ground penetrating radar and L^T SytheXC,aVatin9 SKeGt areaS' ™>ercrest P*P*Bd the latest tLxiSZ*™ avoids all the known archaeological sites by aexcluding large area of about 3.5 acres We understood from the meeting that the important points were the use of the
small
Timbercrest is open to discussing options for the undeveloped land with yourselves and the Municipal.*, and ,s prepared to register a no development oncovenant the land unTa final decision can be made bu expects that the no development covenant stays registered One X ^ "Ss:::;sthe site al a L ^Ss
. T.mbercrest is willing to work with you to establish a suitable setback from the flings '
ltrtribesjul19_07.doc 1 12
Page 187 of 200 Development of Timbercrest Estates Lot B…Plan VIP64741
Creative Engineering Services 5872 Sycamore St Duncan BC V9L 3E4 Phone / fax (250)748-4876 [email protected]
Timbercrest would appreciate your response to this request at your earliest opportunity so that negotiations for land use and protection of the historic site can be finalized. In the meantime if vou have any questions, please call George Schmidt at 748-3232 or myself at the numbers shown in the letterhead.
Yours Very Truly, Creative Engineering Services
David Conway PEng
end cc Timbercrest Estates Limited Attn: G. Schmidt Municipality of North Cowichan Attn: Jim Dias, Administrator
C:\Creative Engineering\current filesYTimbercresUltr tribes jul19_07.doc 2/2
Page 188 of 200 Development ofTimbercrestEstatesLotB
CONCEPTUALPLAN OF PART OF
//, .Sis\
REMAINDERLOT B, SECTION 20,
RANGE7, PLAN VIP64741.
OUAUICHANDISTRICT.
REMAINDER
PLANVIP65722 … Plan VIP64741 Page 189of 200
PlAIIVll'6i?22
FOCUS
Ttmtwrcrost EtUtwUd
KtM.SEC NUN 19 RANGE7
coo: Page 190 of 200 Regional Police Model
ISLAND DISTRICT Cowichan Valley Regional District
Regional Policing 2007-05-23
Page 191 of 200 Regional Police Model
DISTRICT COMMANDER
Regional Commander
Ops Manager Admin. Manager
Administration
Ladysmith Victim Services
sup part provided to units
Ladysmith
" operationally oriented"
Kuper/Thetis Islands
Lake Cowichan operationally oriented"
Shawnigan Lake
" operationally oriented" Specialized Units - Administration
Specialized Units - G1S, Drags, MCU, Targe: Teams, Bike/Boat Patrols, Crime Analyst, etc. Administration - Strategic Plan, Q& A. V. Nations, Environmental Scan, other admin, N. Cowichan/Duncan functions asyet to be determined. " operationally oriented"
Chemainus Cst.
Page 192 of 200 Regional Police Model
- RCMP.
ROYAL CANADIAN MOUNTED POLICE
CVRD Regional Police Model
Regional Command Team
• Comprised of Detachment Commanders and Regional Commander o South Island Traffic Services o Support Units
Detachment Locations
• All Communities maintain detachments • Locations of new building TBD
Detachment Hours
• Unchanged
Support Staff
• No moves required • Activities streamlined • Maintain frontline detachment support
Supervision
• Provided by detachment commanders o Relieved of significant administration with "Strategic Non commissioned Officer" • Potential of Area field Officers in future
24 Hour Policing
• Coverage remains • Coordinated response
Chemainus
• Future storefront • Potential for other units o Islands o Forensic Identification Services, etc. • Community Constable Concept
Page 193 of 200 Regional Police Model
- RCMP.
ROYAL CANADIAN MOUNTED POLICE
Specialized Units/ Provincial Units
• Specialized unites centred in the region o General Investigation Unit o Forensic Identification Section o Police Dog Services
Community Liaison/ Partnership
• Dedicated Detachment Commanders • Regional Commanders • Annual Regional Command Team meetings
Page 194 of 200 Regional Police Model
How We Got Here
> Initial Consultation
> Current strengths, weaknesses, opportunities
> Blue sky model development > Model Refinement
> Employee, Detachment Commander, and CVRD Advisory Board
> 12 models evaluated
> One recommended model result > Activity-Based Research
> Employee and Detachment Commander Research
> Upper Fraser Valley Review
Page 195 of 200 Regional Police Model
The Results
> A new "made in the CVRD" Regional Model for Policing (View Model)
> An adaptable police service, which will meet the demands of the today's and the future's challenges
Page 196 of 200 Regional Police Model
Benefits of the CVRD Regional Policing Model > Better coordinated policing within CVRD
> Regional Command Team > Better intelligence sharing > More effective use of resources
> Frontline > Administration > Operations support > Capital Equipment > More effective human resources development
> Mentoring > Experiential learning
> Succession Planning
Page 197 of 200 Regional Police Model
CVRD
Benefits of the CVRD Regional Policing Model > More Flexible Policing Response
> CVRD project teams
> Proactive activities > Future Innovation - Crime Reduction, Prisoner Handling, Mobile Bike Patrol
> Community and Partner Alignment
> Aligned with CVRD community services
> Emergency Planning
> Court System > Financial Planning > Buildings
Page 198 of 200 Regional Police Model
CVRD
Benefits of the CVRD Regional Policing Model > Employee Benefits
> Transfer Opportunities
> Future Innovation
> Crime Reduction
> Future initiatives
> Operational Focus Leadership
> Reduction of leadership administration > Greater Supervision > Greater community connection > Greater operational leadership
Page 199 of 200 Regional Police Model
Where do we go from here?
> Model Approval
> CVRD Board of Directors Approval > RCMP Division Management Committee Approval
> Implementation
> RCMP Driven - Reports to CVRD Advisory Group > Phased approach through 2007-2008
> Funding and Governance Development
> As Directed by CVRD with RCMP Participation
6
Page 200 of 200