MUNICIPALITY of North Agenda COWICHAN
Meeting Regular Council
Date Wednesday, August 4, 2010
Time 1:30 p.m.
Place Municipal Hall - Council Chambers
Page
1. Approval of Agenda Recommendation: that Council approve the agenda as circulated.
2. Adoption of Minutes Recommendation: that Council adopt the July 21, 2010 Regular Council 7-11 meeting minutes.
3. Addition of Late Items 3.1 Add Late Items Recommendation: that Council add the following late items to the agenda:
4. Public Meetings and Hearings 4.1 Development Variance Permit - 9950 Willow Street 13-19 Recommendation: (following receipt of public input, if any) that Council issue a Development Variance Permit to Debra Manchak for an accessory building, located at 9950 Willow Street (Folio: 15232-000), to: 1. increase the maximum permitted lot coverage from 30% to 32.9%; 2. reduce the minimum permitted side yard setback from 1.0 metres (3.28 feet) to 0.4 metres (1.31 feet); and 3. reduce the minimum permitted setback from a vehicle entrance of an accessory building to a public road from 5.8 metres (19.03 feet) to 1.3 metres (4.27 feet). 4.2 Bylaw No. 3430 - 3rd Reading 21-23 Recommendation: (following receipt of public input, if any) that Council read a third time Bylaw No. 3430, being the "Zoning Amendment Bylaw (No. 7 - Drinkwater Road), 2010".
5. Staff Reports
Page 1 of 148 August 4, 2010 Regular Council Meeting Agenda Page
5. Staff Reports 5.1 Aquatic User Group Fee Review 25-26 Recommendation: that Council direct staff to draft a bylaw to amend the Fees and Charges Bylaw to modify the application of prime time rental periods for aquatic groups, as outlined in the Deputy Parks and Recreations Director's April 13, 2010 report; and further that staff co-ordinate a meeting with representatives from local swim clubs to consider shared rental opportunities. 5.2 North Cowichan Awards Program 27-28 Recommendation: that Council endorse the revisions to the North Cowichan Community Planning Awards (formerly Advisory Planning Commission Awards), as outlined in Planner Reynolds' July 27, 2010 report. 5.3 Tender - Survey Vehicle 29 Recommendation: that Council accept the July 26, 2010 tender from Discovery Honda in the amount of $21,486.08, including applicable taxes and trade-in of a 1995 Chevrolet S10 pick-up truck, for a 2010 Honda Fit. 5.4 Tender - Chemainus & Crofton Biosolids Facilities 31-32 Recommendation: that Council accept the July 26, 2010 tender from D. Robinson Contracting Ltd. in the amount of $4,456,106.00, plus HST, for construction of the Chemainus and Crofton Biosolids Facilities. 5.5 Approving Officer Recommendation: that Council appoint Dave Devana, Chief Administrative Officer, as the Approving Officer. 5.6 Memorial Benches 33 Recommendation: that Council direct staff to amend the Cemetery Bylaw to reflect the following changes to memorial bench fees: 1. Aggregate bench - smooth grey concrete legs, base, back and seat, $914; 2. Aggregate bench - smooth, coloured concrete legs, base, back and seat, $964; and 3. Aggregate bench - concrete legs and base, cedar back and seat, $975. 5.7 Licence of Occupation - Waterwheel Bandshell 35-41 Recommendation: that Council approve and authorize the Mayor and Director of Administration to sign a licence of occupation with the Chemainus Valley Cultural Arts Society to operate the bandshell in Waterwheel Park, from August 1, 2010 to July 31, 2015.
6. Correspondence 6.1 Recreation Infrastructure 43 Recommendation: 6.2 Vancouver Island Economic Alliance - "Link Team" 45 Recommendation: 6.3 Lana Popham, MLA - Importation of Bees 47 Recommendation:
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6. Correspondence 6.4 Receive and File Recommendation: that Council receive and file correspondence not separately dealt with.
7. Committee Reports
7.1. Agricultural Advisory Committee 7.1.1 Minutes - Jul 20 49-51 Recommendation: (Review Minutes) 7.1.2 Agricultural Land Reserve - 3711 Cowichan Lake Road Recommendation: that Council direct the Technical Planning Committee to consider Bishan Judge's application and provide a recommendation to Council on the proposal to subdivide 3711 Cowichan Lake Road (Folio: 06340-000), under the Agricultural Land Commission's homesite severance policy, along with the Agricultural Advisory Committee's recommendation to support this application. 7.1.3 Agricultural Land Reserve - 1246 Bazett Road Recommendation: that Council direct the Technical Planning Committee to review and provide a recommendation to Council on Sue McKitrick and James Halvorson's application to include 1246 Bazett Road (Folio: 08601-000), in the Agricultural Land Reserve.
7.2. Technical Planning Committee 7.2.1 Minutes - Jul 27 53-54 Recommendation: (Review Minutes) 7.2.2 Agricultural Land Reserve - 3711 Cowichan Lake Road Recommendation: that Council forward the application for 3711 Cowichan Lake Road (Folio: 06340-000) to the Agricultural Land Commission (ALC) recommending support under the ALC’s homesite severance policy, subject to staff clarifying the release of the covenant on title restricting the residence to a double wide trailer, and confirming if this type of application requires a zoning amendment prior to subdivision. 7.2.3 Agricultural Land Reserve - 1246 Bazett Road Recommendation: that Council forward the application for 1246 Bazett Road (Folio: 08601-010) to the Agricultural Land Commission recommending support for the inclusion of 0.268 hectares (0.662 acre) of land into the Agriculture Land Reserve.
7.3. Public Works Committee 7.3.1 Minutes - Jul 28 55-56 Recommendation: (Review Minutes)
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7.3. Public Works Committee 7.3.2 Cowichan Valley Trail Crosswalks Recommendation: that Council authorize the installation of crosswalks at the following locations: 1. Cowichan Lake Road, at the E & N right-of-way; 2. Skinner Road, at the Catalyst Paper waterline; 3. Cowichan Lake Road, at the Catalyst Paper waterline; 4. Auchinachie Road, west of the Catalyst Paper waterline; and 5. Drinkwater Road, at the Catalyst Paper waterline. 7.3.3 Noxious Weed Recommendation: that Council ask the Ministry of Agriculture and Lands to consider including hogweed on the BC Noxious Weeds List.
8. Other Reports 8.1 Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional District) 57-76 Recommendation: (Review Minutes)
9. Bylaws 9.1 Bylaw No. 3419 - Adoption 77-78 Recommendation: (if restrictive covenants have been registered) that Council adopt Bylaw No. 3419, being the "Zoning Amendment Bylaw (No. 3 - Woodland Drive), 2010" 9.2 Bylaw No. 3425 - Adoption 79-105 Recommendation: that Council adopt Bylaw No. 3425, being the "Official Community Plan Amendment Bylaw (Chemainus Artisan Village Comprehensive Development Plan), 2010".
Note: requires an affirmative vote of a majority of all Council members 9.3 Bylaw No. 3426 - Adoption 107-119 Recommendation: that Council adopt Bylaw No. 3426, being the "Zoning Amendment Bylaw (No. 5 - Chemainus Artisan Village Comprehensive Development Zone), 2010". 9.4 Bylaw No. 3429 - Adoption 121-130 Recommendation: that Council adopt Bylaw No. 3429, being the "Artisan Village Housing Agreement Bylaw, 2010". 9.5 Bylaw No. 3427 - Adoption 131-132 Recommendation: (if restrictive covenants have been registered) that Council adopt Bylaw No. 3427, being the "Zoning Amendment Bylaw (No. 6 - Cassino Road), 2010".
10. Notice of Motions
11. New Business
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12. Question Period
13. Committee of the Whole 13.1 Move into committee Recommendation: that Council move into Committee of the Whole. 13.2 Regional Board Issues Recommendation: (For Discussion) 13.3 Stonehill Comprehensive Development Plan - 1698 Maple Bay Rd 133-146 Recommendation: that Council direct staff to: 1. continue working on the Comprehensive Development Zone, Comprehensive Development Plan and Housing Agreement bylaws for the Stonehill Development, for future consideration of first and second readings; 2. advise the developer of the requirement to hold an open house prior to the public hearing; and 3. advise the developer of the requirement to commission the sewer and water modeling study prior to consideration of first and second reading of the bylaws. 13.4 Federation of Canadian Municipalities - Municipal Partners 147-148 Recommendation: that Council support Chris Hall's application for a volunteer position with the Federation of Canadian Municipalities' "Municipal Partners for Economic Development" program, subject to no costs being incurred by the Municipality. 13.5 Rise and Report Recommendation: that the Committee rise and report, and that Council adopt the report of the Committee.
14. Closed Session Recommendation: that Council close the meeting to the public to consider matters under section 90(1)(e) and (j) of the Community Charter.
15. Adjournment Recommendation: that the meeting adjourn.
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MUNICIPALITY of North Minutes COWICHAN
Meeting Regular Council
Date Wednesday, July 21, 2010
Time 1:30 p.m.
Place Municipal Hall - Council Chambers
Members Present Mayor Tom Walker Councillor Garrett Elliott Councillor Ruth Hartmann Councillor Dave Haywood Councillor George Seymour Councillor Al Siebring
Members Absent Councillor John Koury
Staff Present Dave Devana, Chief Administrative Officer (CAO) Mark Ruttan, Director of Administration / Deputy CAO John MacKay, Director of Engineering & Operations Audrey Rogers, Planner
Approval of Agenda It was moved, seconded and carried, that Council approve the agenda as circulated.
Adoption of Minutes It was moved, seconded and carried, that Council adopt the July 7, 2010 Regular Council meeting minutes.
Addition of Late It was moved, seconded and carried, that Council add the following Items late items to the New Business section of the agenda: 1. Cowichan Commons Trail; and 2. Fuller Lake Mobile Vending.
Delegations
Social Planning Geri Sera, Affordable Housing Strategy Coordinator for Social Cowichan - Affordable Planning Cowichan, distributed a paper containing Housing Update recommendations for policy on affordable housing. She also discussed likely obstacles and challenges that Council will face as it promotes an affordable housing policy.
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July 21, 2010 Regular Council Meeting Minutes
It was moved, seconded and carried, that Council refer the draft recommendation paper on affordable housing, prepared by Social Planning Cowichan, to the Advisory Planning Commission and the Technical Planning Committee for review and incorporation in the forthcoming new Official Community Plan, as appropriate.
Staff Reports
Tender - Sand & Salt It was moved, seconded and carried, that Council accept the July Spreader 12, 2010 tender from Danco Equipment Inc. in the amount of $19,566.40, including applicable taxes, for a 2010 Monroe 10 cubic yard sand and salt spreader attachment for a tandem axle truck.
Committee Reports
Administration & Finance Committee
Economic Summit It was moved, seconded and carried, that Council authorize the Mayor and Economic Development Committee Chair to attend the 2010 State of the Island Economic Summit in Nanaimo on October 25 and 26, 2010.
Public Works Committee
Chemainus Road It was moved and seconded, that Council direct the Operations Landscaping Department to remove the ties, soil and shrubs in the landscape areas on the east side of Chemainus Road, between Henry Road and Victoria Street, and replace them with pavement to improve safety.
It was moved, seconded and carried, that Council refer the main motion to staff for further review and recommendation back to a subsequent Council meeting.
Emergency Alert It was moved, seconded and carried, that Council authorize an System Upgrade increase in the number of phone lines for the emergency alert system from 5 to 12 lines, at a cost of $2,520, plus an ongoing additional phone line rental cost of $1,680 per year.
Sign Regulation Bylaw It was moved, seconded and carried, that Council direct staff to draft a bylaw to amend the Sign Regulation Bylaw to regulate and impose requirements in relation to signs for attractions and accommodations, in accordance with the Operations Manager’s June 22, 2010 report.
Winery Sign It was moved, seconded and carried, that Council direct staff to install a generic directional sign for 22 Oaks Winery on Herd Road, west of Lakes Road.
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July 21, 2010 Regular Council Meeting Minutes
Chemainus Park It was moved, seconded and carried, that Council advise Holdings Development Chemainus Park Holdings Ltd. that it does not support closure of Access the Island Timberlands’ private haul road at the Trans Canada Highway intersection, as Island Timberlands objects; and further that Council ask Chemainus Park Holdings to investigate a right-in and right-out highway access, and access via Henry Road to the south of its development.
Water and Sewer It was moved, seconded and carried, that Council direct staff to Connection Fees draft a bylaw to amend the Waterworks Bylaw and the Sewer Services Bylaw to increase water and sewer connection fees by 25% in 2010, an additional 25% in 2011, and thereafter adjusted annually to reflect changes in the Consumer Price Index over the previous year.
Trailer Replacement It was moved, seconded and carried, that Council approve the expenditure of $8,500 from the 2010 equipment capital budget to replace the asphalt compactor trailer (unit #305); and direct staff to draft a bylaw to amend the financial plan, if necessary.
Technical Planning Committee
Development Permit- It was moved, seconded and carried, that Council issue a Lot 2, Plan 1265 development permit to Timbercreek Investments Ltd. for a 46 unit Sherman Road townhouse development on Lot 2, Plan 1265, Sherman Road (Folio: 00649-000), that includes the following variances to the Zoning Bylaw (in accordance with Planner Rogers’ July 13, 2010 report): 1. a reduction in spatial separations between building walls with windows; 2. a reduction in the minimum permitted front yard setback; and 3. a reduction in parking requirements.
Bylaws
Bylaw No. 3419 - Council noted the required restrictive covenants relating to Bylaw Adoption No. 3419 (Woodland Drive) have not been registered and referred this item to the next Regular Council meeting for adoption, if the restrictive covenants are registered.
2:30 p.m. Councillor Elliott left the Council meeting.
Bylaw No. 3425 - 3rd It was moved, seconded and carried, that Council read a third time, Reading as amended, Bylaw No. 3425, being the "Official Community Plan Amendment Bylaw (Chemainus Artisan Village Comprehensive Development Plan), 2010". (Motion carried by an affirmative vote of a majority of all Council members, as required by section 882(2)(a)
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July 21, 2010 Regular Council Meeting Minutes
of the Local Government Act).
2:36 p.m. Councillor Elliott returned to the Council meeting.
Bylaw No. 3426 - 3rd It was moved, seconded and carried, that Council read a third time, Reading as amended, Bylaw No. 3426, being the "Zoning Amendment Bylaw (No. 5 - Chemainus Artisan Village Comprehensive Development Zone), 2010".
Bylaw No. 3427 - 3rd It was moved, seconded and carried, that Council read a third time Reading Bylaw No. 3427, being the "Zoning Amendment Bylaw (No. 6 - Cassino Road), 2010".
Bylaw No. 3431 - It was moved, seconded and carried, that Council adopt Bylaw No. Adoption 3431, being the "Parks and Recreation Commission Amendment Bylaw, 2010".
New Business
Cowichan Commons It was moved, seconded and carried, that Council (in conjunction with Trail the City of Duncan), have a detailed engineering design completed for all phases of the Downtown Duncan to Cowichan Commons Trail; and further, that the balance of the Paratransit grant funds be split 60% to North Cowichan to complete construction of Phase 1 (Allington Road to Green Road), and 40% to the City of Duncan to construct Phase 2 (Queens Street to Beverly Street).
Fuller Lake – Mobile It was moved, seconded and carried, that Council authorize Erica Vending Butler to operate a mobile ice-cream vending truck within Fuller Lake Park, until September 15, 2010, subject to the conditions outlined in the Parks and Recreations Director’s July 21, 2010 report.
Committee of the Whole
Move into committee It was moved, seconded and carried, that Council move into Committee of the Whole. (2:50 p.m.)
CVRD Bus Shelter It was moved, seconded and carried, that Council advise the Project Cowichan Valley Regional District that Council supports BC Transit’s recommended standard bus shelter design.
Two-tier Fees - It was moved, seconded and carried, that Council direct staff to Cowichan Aquatic draft a bylaw to amend the Fees and Charges Bylaw to reduce the Centre Cowichan Aquatic Centre fees 50% for people who live outside the regional district; and further, that a letter be sent to the City of Duncan requesting its support for this fee reduction.
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July 21, 2010 Regular Council Meeting Minutes
Rise and Report It was moved, seconded and carried, that the Committee rise and report, and that Council adopt the report of the Committee.
Closed Session It was moved, seconded and carried, that Council close the meeting Motion to close to the public to consider matters under section 90(1)(e) of the meeting to the public Community Charter. (3:30 p.m.)
Adjournment It was moved, seconded and carried, that the meeting adjourn. Adjourn (3:55 pm.)
Minutes certified correct
______Corporate Officer Mayor (or presiding member)
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Minutes - Jul 21 Page 11 of 148 Page 12 of 148 Development Variance Permit - 9950 Willow Street
MUNICIPALITY of /VOAT/? Revised Notice COWICHAN
Date July 21,2010 File: 3080-2010.02 Folio: 15232.000 Place Council Chambers, Municipal Hall
Date & Time August 4, 2010 at 1:30 p.m.
Meeting Development Variance Permit for 9950 Willow Street, Chemainus BC
Notice is given under Section 922(4) of the Local Government Act, that the North Cowichan Council proposes to issue a development variance permit at its regular meeting at 1:30 p.m. on Wednesday, August 4, 2010 at the Municipal Hall, 7030 Trans Canada Highway, Duncan BC. Re-notification is given since incomplete information was provided in the June 23, 2010 notice about the number and extent of the variances proposed.
Purpose of the Permit To vary the following sections of the Zoning Bylaw for an accessory building in the Residential One and Two Family (R3) zone: • Section 58(5)(a) to increase the maximum permitted lot coverage from 30% to 32.9%. • Section 58(6)(b) to reduce the minimum permitted side yard setback from 1.0 metres (3.28 feet) to 0.4 metres (1.31 feet). • Section 58(6.1) to reduce the minimum permitted setback from the vehicle entrance of an accessory building (the garage) to a public road (Willow Street) from 5.8 metres (19.03 feet) to 1.3 metres (4.27 feet).
Subject Property Civic Address: 9950 Willow Street, Chemainus BC Folio: 15232.000 Legal Description: Lot121, Section 18, Range 5, Chemainus District, Plan 303A Parcel Identifier Number: 009-165-690
Owners and occupants of properties within the 200 ft radius line will receive a copy of this notice.
ESPUWADE STREET
Inspection of Permit A copy of the application, draft permit and related documents may be inspected in the Planning Department on weekdays from July 22 to 30, 2010 and August 3, 2010 between the hours of 8:00 a.m. to 4:00 p.m.
Decision The Municipal Council will hear from the public in the Council Chambers on August 4, 2010 at 1:30 p.m. before making a decision on the application. If you believe your interests will be affected by the proposed permit, you may attend and speak on matters pertinent to the permit. You may also provide your written comments to Glenn Morris, Planning Technician, by email to [email protected] or by mail received before 4:00 p.m. on August 3, 2010.
7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca
Development Variance Permit - 9950 Willow Street Page 13 of 148 Development Variance Permit - 9950 Willow Street
Municipality of North Cowichan
7030 Trans Canada Highway, Box 278 Duncan, BC V9L3X4
Tel 250 746 3100 Fax 250 746 3133 Development Variance Permit www.northcowichan.bc.ca (10.02)
To: Debra Elaine Manchak
Subject Property: 9950 Willow Street (Folio No. 15232.000)
1. This permit is issued subject to compliance with all relevjffit North Cowichan bylaws.
2. This permit applies to the lands described below, ings, structures, and other development thereon (hereinafter called the Land
Lot 121, Section 18, Range 5, Chemainus Distri 303A-PID: 009-165-690
3. Pursuant to Section 922 of the Local Goverri^nfj$B%RSBC 1996, c. 323), this permit varies the following sections of the Zoning Bylaw foyan a%j§ssory building in the Residential One and Two Family (R3) zone: jf^ • Section 58(5)(a) by increasing tr^nagpiifi^^rmitted lot coverage from 30% to 32.9%. • Section 58(6)(b) by reducing the mf^um permitted side yard setback from 1.0 metres (3.28 feet) to 0.4 metres (1.31 feet • Section 58(6.1) by reducingfthe min||ium permitted setback from the vehicle entrance of an accessory building (the gaitgej to ajpublic road (Willow Street) from 5.8 metres (19.03 feet) to 1.3 metres (4.27 feet).
Schedule 1 Location Plan Schedule 4 Cross Section A Schedule 2 Floor Plan Schedule 5 Cross Section B Schedule 3 Site Plan
• This permit is not a building permit.
• This permit was approved on date of Council approval and issued on date of issue.
• Pursuant to Section 926(1) of the Local Government Act, this permit lapses on (2 years from date of issue) if the holder of the permit does not substantially start any construction with respect to which this permit is issued.
The Corporation of the District of North Cowichan
Designated Municipal Officer (Imprint of Official Seal)
3060_20 10.02 Permit
Development Variance Permit - 9950 Willow Street Page 14 of 148 Development Variance Permit - 9950 Willow Street
SCHEDULE 1 - LOCATION PLAN
Development Variance Permit - 9950 Willow Street Page 15 of 148 Development Variance Permit - 9950 Willow Street
SCHEDULE 2 - FLOOR PLAN
Development Variance Permit - 9950 Willow Street Page 16 of 148 Development Variance Permit - 9950 Willow Street
1338IS M011IM
p Q W PC u
Development Variance Permit - 9950 Willow Street Page 17 of 148 Development Variance Permit Development VariancePermit - - 9950WillowStreet 9950 WillowStreet Page 18 of148
SCHEDULE4-CROSSSECTIONA Development Variance Permit Development Variance Permit
Area to be Existing Excavated fo Garaae Extension - - 9950 Willow Street 9950 Willow Street Page 19 of 148
SCHEDULE 5 - CROSS SECTION B Page 20 of 148 Bylaw No. 3430 - 3rd Reading &n...
BYLAW NO. 3430 Zoning Amendment Bylaw (No. 7 - Drinkwater Road), 2010
The council of The Corporation of the District of North Cowichan, enacts as follows: 1 Schedule “C” of “Zoning Bylaw 1997", No. 2950, is amended by re-classifying 2941 Drinkwater Road (Lot 3, Section 4, Range 5, Somenos District, Plan 21468; Folio 6109- 000), shown outlined in bold on Schedule “A”, attached to and forming part of this bylaw, from Commercial General Zone (C2) to Commercial Service Zone (C3).
Bylaw readings First reading ...... July 7, 2010 Second reading ...... July 7, 2010 Public hearing ...... August 4, 2010 Third reading ...... , 2010 Ministry of Transportation and Infrastructure ...... , 2010 Adopted ...... ,2010
______M. O. Ruttan, Director of Administration T. A. Walker, Mayor
This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan.
Bylaw No. 3430 - 3rd Reading Page 21 of 148 Bylaw No. 3430 - 3rd Reading &n...
Schedule “A”
– 2 –
Bylaw No. 3430 - 3rd Reading Page 22 of 148 Bylaw No. 3430 - 3rd Reading &n...
Public Hearing Notice North Cowichan Council gives notice, under Section 892 of the Local Government Act, that rt will hold a public hearing on August 4, 2010, at 1:30 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 1997", No. 2950.
Bylaw 3430, "Zoning Amendment Bylaw (No. 7 - Drinkwater Road), 2010) proposes to amend the Zoning Bylaw to reclassify 2941 Drinkwater Road (Lot 3, Section 4, Range 5, Somenos District, Plan 21468 Folio 6109-000), shown as "Subject Property" and outlined in bold on the map below, from Commercial General Zone (C2) to Commerciaf Service Zone (C3). The C3 Zone permits the following uses: All uses permitted in the C2 zone plus Accessory Custom Workshop, Automotive Repair Shop, Bed and Breakfast Home-Based Business. Major Equipment Repair, Market Garden, Motor Vehicle Sales and Rentals Single Family Dwelling (subject to the provision of the R3 zone), Truck Depot, and Warehousing
Subject Property
X
s 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 3, 2010. Your submission will become part of the public record. Copies of the proposed bylaw and related information may be inspected at the North Cowichan Municipal Hall, 7030 Trans Canada Highway Duncan, BC, Monday to Friday from 8;00 a.m. to 4:00 p.m., from July 14, 2010 to 1:30 p.m. August 4 2010 excluding the August 2, 2010 statutory hofiday. Mark Ruttan, Director of Administration 3360-2010.06 MUNICIPALITY of fVOJ^fA 7030 Trans Canada Hwy Box 278, Duncan. BC V9L 3X4 COWICHAN Ph: 250-746-3100 Fax:250-746-3133 www.northcowichan.bcca Bylaw No. 3430 - 3rd Reading Page 23 of 148 Page 24 of 148 Aquatic User Group Fee Review MUNICIPALITY of AfO/Tl? COWICHAN Report Date April 13, 2010 File: 1810-35 To Parks and Recreation Commission From Don Stewart, Deputy Parks and Recreation Director Endorsed by Subject Cowichan Aquatic Centre User Group Rental Periods Purpose To review and recommend on the application of prime and non-prime time rental periods for aquatic user groups at the Cowichan Aquatic Centre. Background Over the course of the past two months we have been in close communication with all three of our primary aquatic user groups (synchronized swimming & two swim clubs) in regards to the difficulty they are having in attracting and retaining memberships. Additionally, the financial instability this has resulted in. Specifically, the prime issues being presented by the clubs are as follows: • Low incoming membership levels attributed to access card requirements • Difficulty in sustaining membership due to low grassroots development • Funding instability and ultimate reduction from Provincial Government in 2010 • Elasticity in their pricing for clients at breaking point currently and unable to sustain a true registration increase to meet true program costs As a result of this, we have met and discussed a variety of solutions that would mutually be beneficial to sustaining their clubs within our facility while not creating undue hardship on the municipality. The key modification being proposed is the modification of prime time hours, which are currently Monday to Friday 3pm to 5am & Saturday or Sunday 12noon to 5am. The proposed modification to this is as follows: Monday to Friday 3pm to 7pm Maximum of 4 lanes (combined) This modification would allow them access to the lower rental rate during their prime rental period while at the same time allowing our programs and services to continue unhampered and or unfairly competed with. In addition, the two swim clubs have been encouraged to work together to create efficiencies and synergies. An example was presented as Saturday and Sunday mornings. Currently, one club rents Saturday and the other Sunday. If they share pool time and possibly resources such as coaching/administration cost savings will be realized by each Club. Financial Implications Difference between the non-prime and prime time rental rates is $2.10 per hour. Per day this would reach a maximum reduction in revenue of $42.00. Over the course of a year this would be estimated to be approximately $2,000. Aquatic User Group Fee Review Page 25 of 148 Aquatic User Group Fee Review Recommendation That Council direct staff to prepare an amendment to Tees and Charges Bylaw, 1994", No. 2714, to modify the application of prime time rental periods for aquatic user groups as identified within this report. In addition, that staff coordinate a meeting for representatives from both swim clubs to look at shared rental opportunities. Aquatic User Group Fee Review Page 26 of 148 North Cowichan Awards Program MUNICIPALITY of /vO/Tf7 Report cowichan Date July 27,2010 File number 3 6760-50 To Council From Brigid Reynolds, Planner Endorsed by Subject Minor Revisions to the APC Community Planning Awards Purpose To endorse revisions to the APC Community Planning Awards program. Background The Advisory Planning Commission initiated the Planning Design Awards in 2005 in an attempt to recognize development projects that make an excellent contribution to the community and which support the goals and objectives of the Official Community Plan. In 2009 the APC renamed the program to the Community Planning Awards to broaden the focus of the program. These current revisions are intended to broaden the program even further to encourage nominations from a wider range of projects and activities occurring in the District. Council at its November 18, 2009 meeting confirmed the process that the APC is to nominate award recipients for Council's approval. Discussion Following the 2009 Community Planning Awards Program commission members discussed the desire to make some changes to the program. The existing categories were deemed to be not broad enough given the types of nominations that were being received in recent years. The evaluation criterion was also broadened to reflect proposed changes to the OCP. The revised categories are as follows • Plans with actions - recognizing efforts that bring community together to develop long term strategies, but only where some of the actions have been undertaken; • Enterprise and innovation - recognizing private or not for profit initiatives related to economic development; • Structures and development - buildings, structures and development projects that embrace sustainability; and • Community spaces - development or improvement of public places for the community to enjoy. The evaluation criteria was previously based on the five OCP goals: preserving the rural setting; working with the environment; encouraging complete communities; building strong neighbourhoods; and ensuring responsive planning and decision making. The Commission elected to continue to use these goals and add the two new goals outlined in the draft OCP: encourage economic opportunity and adjust to climate change recognizing the growing importance of these issues for North Cowichan. Implications The Commission anticipates that the revisions to the Community Planning Awards will encourage nominations for a wider range of innovative project and activities then what has been received in the past. bmr.Council rptjul27_10_revto awards pgm.doc 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca North Cowichan Awards Program Page 27 of 148 North Cowichan Awards Program Page 2 Recommendation To endorse the revisions to the APC Community Planning Awards. 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca North Cowichan Awards Program Page 28 of 148 Tender - Survey Vehicle MUNICIPALITY of A/O/T/7 Report cowichan Date July 29, 2010 File: 1280-20-397 To Council From Wayne Gourlay, Operations Manager Endorsed by Subject Purchase of Survey Vehicle #397 Purpose Recommendation of Tender Approval Analysis Two tenders were received for a Sub Compact Hatchback. Dealership Brand Price including taxes Duncan Hyundai 2011 Hyundai Elantra T $20,759.47 Discovery Honda 2010 Honda Fit $21,486.08 Considerations The Hyundai Elantra is the low tender and has one specification with respect to seating that does not meet the tender. The 2010 Honda Fit meets all the tender specifications, and has superior fuel economy (City 7.1 L/100 km vs. 8.7 L/100 km) over the Hyundai. Over 175,000 km, the fuel savings at today's DNC rate will be $2750. As the capital cost difference is $726.61, the best financial return is based on purchase of the Honda, and it will have less greenhouse impact. Recommendation The Operations Department recommends Council approval of the tender dated July 26, 2010 from Discovery Honda fora 2010 Honda Fit, in the amount of $21,486.08 including trade of a 1995 Chevrolet S10 pickup (Unit #78), and including all taxes. 10_Survey_Vehicle_397 rec.doc 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca Tender - Survey Vehicle Page 29 of 148 Page 30 of 148 Tender - Chemainus & Crofton Biosolids Facilities Tender - Chemainus & Crofton Biosolids Facilities Page 31 of 148 Tender - Chemainus & Crofton Biosolids Facilities Tender - Chemainus & Crofton Biosolids Facilities Page 32 of 148 Memorial Benches MUNICIPALITY of A/O/Tl? Report cowichan Date July 29, 2010 File: 4100-01 5810-50 To Council From Ernie Mansueti, Parks Recreation Director Endorsed by Subject Memorial Benches Purpose To recommend fee changes for cedar-backed and concrete memorial benches. Background The Municipality's memorial bench and picnic table program has been in effect for several years. We currently offer two styles of benches and one concrete picnic table. In a recent price comparison conducted by staff, a local supplier is able to provide concrete benches at a lower fee than cedar-backed benches. Discussion In past, cedar-backed benches were less expensive than concrete benches. The proposed new fees reflect the price increase for cedar-backed benches, and the price decrease for concrete benches. Current Proposed Aggregate bench - smooth grey concrete legs, base, back and seat $975 $914 Aggregate bench - smooth, coloured concrete legs, base, back and seat N/A $964 Aggregate bench - concrete legs and base, cedar back and seat $914 $975 Recommendation That Council direct staff to amend Cemetery Bylaw, 1997, to reflect the following fees changes for memorial benches: Aggregate bench - smooth grey concrete legs, base, back and seat $914 Aggregate bench - smooth, coloured concrete legs, base, back and seat $964 Aggregate bench - concrete legs and base, cedar back and seat $975 emJul29_10rtb memorial benches (2) 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca Memorial Benches Page 33 of 148 Page 34 of 148 Licence of Occupation - Waterwheel Bandshell MUNICIPALITY of A/O/T/7 Report cowichan Date July 29, 2010 File: 2600-20 To Council From Mary Beth MacKenzie, Deputy Clerk Subject Licence of Occupation - Chemainus Valley Cultural Arts Society Purpose To recommend that Council approve a Licence of Occupation with the Chemainus Valley Cultural Arts Society (CVCAS) to operate the bandshell in Waterwheel Park. Background Since 2002, the Chemainus Valley Cultural Arts Society (CVCAS) has operated the bandshell in Waterwheel Park under a Licence of Occupation with the Municipality. Discussion The current Licence of Occupation expires on July 31, 2010. CVCAS has asked for a new Licence of Occupation for five years. The new Licence of Occupation, attached, includes the same terms and conditions as the current Licence, including a five-year renewal option. Recommendation That Council approve and authorize the Mayor and Director of Administration to sign a Licence of Occupation with the Cowichan Valley Cultural Arts Society to operate the bandshell in Waterwheel Park from August 1, 2010 to July 31, 2015, with a five-year renewal option. Mary Beth MacKenzie Deputy Clerk mbmjul28_2010r mbm Licence of Occupation - CVCAS 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca Licence of Occupation - Waterwheel Bandshell Page 35 of 148 Licence of Occupation - Waterwheel Bandshell MUNICIPALITY of A/O/T#7 Licence of Occupation COWICHAN Definitions 1. In this agreement, (a) North Cowichan means the Corporation of the District of North Cowichan, (b) the Society means the Chemainus Valley Cultural Arts Society of Box 124, Chemainus, BC, VOR 1KO, (c) land means Waterwheel Park Bandshell in Chemainus, of 9799 Waterwheel Crescent, Part 1, Plan 47795, Section 17, Range 5, Chemainus District, Folio No. 15054-110, (d) licenced area means the land outlined in Schedule "A", (e) permit means an approval, authorization, consent, licence, or permit, issued under an enactment relating to the environment, (f) and hazardous substance means a contaminant, dangerous good, hazardous substance, pollutant, special waste, or toxic substance, or waste, as defined in an enactment relating to the environment. Grant of Licence 2. North Cowichan grants the Society a licence (called the licence) to occupy the licenced area, on the terms below, from August 1, 2010 to July 31, 2015. Licence Fee and Deposit 3. The Society agrees to pay North Cowichan $10.00 for this licence (called the licence fee), the receipt and sufficiency of which is hereby acknowledged. Use of Licenced Area 4. The Society may use the licenced area for community uses only. 5. The Society has inspected the licenced area and acknowledges that it is suitable. Nature of Licence 6. This licence does not give, and must not be deemed to give, the Society an interest in the licenced area. Dealings with Licence 7. The Society may not assign the licence, or sublicence all or part of the licenced area, without North Cowichan's prior written consent. 8. Assigning the licence does not release the Society from its obligations under the licence. 9. The Society may not allow another person except (a) its agents, employees, and guests and (b) assignees and sublicencees to whom North Cowichan consents, to occupy all or part of the licenced area. 10. The Society must ensure that its assignees and sublicencees comply with the terms of the licence. _J 7030 Trans Canada Highway, Box 278 North Cowichan, B.C., V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca Licence of Occupation - Waterwheel Bandshell Page 36 of 148 Licence of Occupation - Waterwheel Bandshell 11. The Society and its agents, employees, assignees, and sublicencees are not, and must not be deemed to be, agents or employees of North Cowichan. Reentry into Licenced Area 12. The Society must allow North Cowichan and persons whom North Cowichan authorizes to reenter the licenced area at all reasonable times and upon reasonable notice. Maintenance of Licenced Area 13. The Society accepts responsibility for the licenced area's welfare, and agrees to keep the licenced area in a clean and tidy state. Repairs to Licenced Area 14. The Society must repair, at its own expense, damage to the licenced area that results from the use of the licenced area by the Society or a person whom the Society allows to use the licenced area. Enactments and Permits 15. The Society must, during the licence, comply with applicable enactments and permits. Without limitation, the Society must comply, during the licence, with applicable enactments and permits relating to (a) building, (b) fire protection and control, (c) heritage conservation, and (d) the environment (called environmental laws). 16. The Society must show North Cowichan on demand that the Society's permits are valid. Liens 17. The Society must promptly remove liens against all or part of the licenced area that arise from work done for, materials supplied to, and obligations incurred by, the Society. Utilities 18. The Society must pay, on time, charges that it incurs during the licence for utilities supplied to the land. Nuisances 19. The Society must not do or have done anything in the licenced area that is, in North Cowichan's opinion, a nuisance. Environmental Protection 20. The Society must not store or have stored, treat or have treated, or dispose or have disposed, hazardous substances in the licenced area except according to applicable environmental laws. 21. The Society must notify North Cowichan immediately if (a) a hazardous substance is released in the licenced area unless it is released according to applicable environmental laws, (b) a government agency notifies the Society that the Society is not complying with an environmental law, (c) the Society is notified of a third-party claim relating to the environment, or (d) the Society learns that a hazardous substance is present in the licenced area. 22. The Society must investigate, and report, as North Cowichan directs if North Cowichan reasonably suspects that the Society's occupation and use of the licenced area might be introducing, or increasing the presence of, hazardous substances in the licenced area. 7030 Trans Canada Highway, Box 278 North Cowichan, B.C., V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca Licence of Occupation - Waterwheel Bandshell Page 37 of 148 Licence of Occupation - Waterwheel Bandshell 23. If the Society's occupation and use of the licenced area introduces, or increases the presence of, hazardous substances in the licenced area, then the Society must undertake remediation (as defined in the Waste Management Act) at its own expense. Indemnity 24. The Society agrees to indemnify and save harmless North Cowichan against claims arising from the Society's (a) occupation and use of the licenced area, or (b) breaking a term of the licence. Insurance 25. The Society must take out, and maintain during the licence, comprehensive general liability insurance of at least $2,000,000, from an insurer, acceptable to North Cowichan. 26. The Society's comprehensive general liability insurance policy must (a) name North Cowichan as an additional insured, (b) state that it may not be cancelled, allowed to expire, or materially changed, unless the insurer notifies North Cowichan in writing at least 30 days in advance, and (c) state that North Cowichan's insurance claims must be paid before any other. 27. The Society must supply North Cowichan with proof of insurance (a) when this agreement is signed, (b) on renewal, and (c) on demand. Release 28. The Society releases and forever discharges North Cowichan from claims arising from (a) the licence (b) The Society's occupation and use of the licenced area, and (c) North Cowichan's exercising its rights under the licence. Curtailment or Temporary Suspension of Use 29. In the event that circumstances require North Cowichan to curtail or temporarily suspend the Society's use of the licenced area, then the Society must curtail or temporarily suspend (as the case may be) its use of the licenced area as North Cowichan directs. Default 30. If the Society does not fulfill an obligation under the licence, then North Cowichan may fulfill the obligation for the Society. If North Cowichan incurs costs to fulfill an obligation under the licence that the Society does not fulfill, then North Cowichan may recover its costs of fulfilling the obligation from the Society on demand. Cancellation or Forfeiture of Licence 31. North Cowichan or the Society may cancel the licence for just cause with at least six months' written notice. 32. If the Society does not fulfill an obligation under the licence, then North Cowichan may, rather than fulfill the obligation for the Society, cancel the licence in writing, effective 60 days after giving notice, unless the Society fulfills the obligation in that time. 33. If (a) a creditor of the Society tries to seize the licence, or take the licence in execution or attachment, or (b) the Society becomes bankrupt or insolvent, then the Society forfeits the licence to North Cowichan. End of Licence 34. The Society must give up possession of the licenced area when the licence ends. 3 7030 Trans Canada Highway, Box 278 North Cowichan, B.C., V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca Licence of Occupation - Waterwheel Bandshell Page 38 of 148 Licence of Occupation - Waterwheel Bandshell 35. When the licence ends, the Society must (a) remove, at its expense, its property from the licenced area, and leave the licenced area clean, tidy, and in good repair. Renewal 36. Unless there is some reason to revoke the Licence, North Cowichan agrees to offer the Society the right to renew the Licence for a further term of five years. Continuation of Licence 37. If the Society continues to occupy the licenced area after July, 2015, then the licence continues on the same terms. Dispute Resolution 38. North Cowichan and the Society agree to try to resolve disputes that arise from or in connection with this licence as efficiently and cost-effectively as possible. 39. North Cowichan and the Society agree to try to resolve disputes by negotiation. To aid negotiation, North Cowichan and the Society agree to fully and frankly disclose relevant information. 40. North Cowichan and the Society agree that if a dispute is unresolved 30 days after negotiation begins, then they must try to resolve the dispute by negotiation (a) mediated by a neutral person whom the British Columbia International Commercial Arbitration Centre (called B.C.I.CAC.) appoints, and (b) administered under B.C.I.C.A.C.'s Mediation Rules. 41. North Cowichan and the Society agree that if a dispute is unresolved 30 days after B.C.I.C.A.C. appoints a mediator, then they must submit the dispute to arbitration administered by B.C.I.C.A.C. The place of arbitration must be North Cowichan. Freedom of Information 42. The Society acknowledges that the Freedom of Information and Protection of Privacy Act might require disclosing (a) this agreement, and (b) records relating to this agreement that are in North Cowichan's custody or under its control. 7030 Trans Canada Highway, Box 278 North Cowichan, B.C., V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca Licence of Occupation - Waterwheel Bandshell Page 39 of 148 Licence of Occupation - Waterwheel Bandshell To show their agreement, the parties have signed this licence on: .,2010. Chemainus Valley Cultural Arts Society: The Corporate Seal of the Corporation of the District of North Cowichan was hereunto affixed in the presence of: Signature of Authorized Signatory Signature of Authorized Signatory Tom A. Walker, Mayor Signature of Witness MarkO. Ruttan, Director of Administration Printed Name of Witness Address of Witness 7030 Trans Canada Highway, Box 278 North Cowichan, B.C., V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca Licence of Occupation - Waterwheel Bandshell Page 40 of 148 Licence of Occupation - Waterwheel Bandshell Schedule"A" LicencedArea 7030TransCanadaHighway,Box278NorthCowichan,B.C.,V9L3X4 Ph250-746-3100Fax250-746-3133www.northcowichan.bc.ca Licence of Occupation - Waterwheel Bandshell Page 41 of 148 Page 42 of 148 Recreation Infrastructure Activity nnd Culture, BRITISH COLUMBIA RECREATION AND PARKS ASSOCIATION July 15,2010 Mayor & Council District of North Cowichan Box 278 Duncan, BCV9L 3X4 Dear Mayor & Council, I am following up on our July 7, 2009 correspondence requesting from you a letter of support as the BC Recreation and Parks Association (BCRPA) moves forward in addressing the urgent need for recreation infrastructure renewal throughout our province. Last year we released the "A Time for Renewal" report, a culmination of 5 years of research, study and analysis of BC's indoor recreation facilities, which concluded that 68% of the province's infrastructure is over 25 years of age and in urgent need of upgrade or replacement. Its inability to keep up with the demands of a growing population and their changing needs as well as local and provincial environmental stewardship goals is putting healthy communities at risk. Our recreation infrastructure is reaching the crisis point for capital investment. Our advocacy work around this issue continues as we meet with government officials to increase their awareness of the issue and secure their financial commitment and support. Essential to this work is the demonstration of support local governments have for the need to renew and replace these valuable community resources ~ for the benefits they bring to their own communities as well as to the province as a whole - and for the work the BCRPA is doing on behalf of all communities within BC. Now is the time for renewal. Recreation has the capacity to improve the quality of life for all British Columbians. With your help we can ensure our recreation infrastructure remains functional and safe, continuing its role in improving our general health and wellbeing. Please, help us as we work to turn this pressing need into a public policy priority. Your letter will support the urgency and importance of this issue and how it impacts all of us across BC. Thank you for your time and assistance. Please contact me with any questions or comments you may have. I can be reached at [email protected] or 604.629.0965 ext 226. A copy of the "A Time for Renewal" report can be found on our website at www.bcrpa.bc.ca/atimeforrenewal.htm Yours sincerely, R FOE IV ED JUL 1 3 2010 Suzanne Allard Strutt uolKiC Chief Executive Officer NORTkCQWlCHAN Founding Chair, BC Healthy Living Alliance CC . £ M . 101 - 4664 Lougheed Hwy. Burnaby, BC, Canada V5C 5TS Tel: 604.629.0965 Fax:604-629-2651 [email protected] www.bcrpa.bc.ca Recreation Infrastructure Page 43 of 148 Page 44 of 148 Vancouver Island Economic Alliance - "Link Team" □ VANCOUVER ISLAND ECONOMIC ALLIANCE V I EA July 16,2010 Mayor Tom Walker PO Box 278 Duncan, BC V9L 3X4 On behalf of the Vancouver Island Economic Alliance Board of Directors, I would like to take this opportunity to express our sincerest appreciation to you for taking the time to meet with our Link Team in the interview phase of the Linking Island Leaders Project. The Vancouver Island Economic Alliance is committed to developing a regional economic development strategy for Vancouver Island and to do so, we determined that primary research with Island Leaders such as yourself was a critical component of this development. The team has participated in 185 meetings with local government, First Nations, educators, media, industry associations, business and individuals. The team has also attended the BC Rural Summit in Port Hardy BC, The Association of Vancouver Island Coastal Communities Conference and numerous community meetings held around the Island. The data and research collected from these community visits will be compiled into an action oriented report and presented at the 2010 VIEA State of the Island Economic Summit October 25th and 26th in Nanaimo. The report will provide a picture of economic development leadership on Vancouver Island and recommendations for the role that VIEA should play in the future. We look forward to reviewing the recommendations from the Link Project as we continue to develop our work on Vancouver Island. Sincerely, Rick Roberts, Chair Vancouver Island Economic Alliance VIEA Board www.viea.ca Chair Elect: Bill Benoit, Past Chair: Sasha Angus Directors: Ron Arcos, Russ Burke, Iain Cuthbert, Lisa de Leeuw, Colleen Evans, Sandy Herle, Arnold Harasymchuk, Dr. Pedro Marquez, Olaf Nielsen, Marlene Rice, Dan Smith, Dave Willie President: Cori Lynn Germiquet Funded in whole or part through the Canada-British British Coi.umria Columbia Labour Market Development Agreement. 11iellrtiPI.icrnnF.jMih D Vancouver Island Economic Alliance - "Link Team" Page 45 of 148 Page 46 of 148 Lana Popham, MLA - Importation of Bees LANAPOPHAM, M.L.A. Saanich South Constituency Office: 4085 Quadra Street Victoria, B.C. V8X1K5 Telephone: 250 479-4154 Province of Facsimile: 250 479-4176 British Columbia e-mail: [email protected] Legislative Assembly Lana Popham. MLA (Saanich South) July 22, 2010 :-...■ ■■ ■-"'; iRECt ■■ Mayor Tom Walker North Cowichan jUL 1 o 2010 Box 278 North Cowichan, BC | V9L 3X4 DIST7 Dear Mayor Walker, Recently I have spoken out strongly against the lifting of a twenty-two year old ban by the Provincial Government on the importation of bees to Vancouver Island. This decision was not made in consultation with Island beekeepers. It puts bee populations on Vancouver Island at risk of disease, many of which are antibiotic resistant. In addition, it exposes them to insects and pests which are capable of eradicating bee populations, but are not currently found here on the Island. This decision was not made in the best interests of Island beekeepers, nor the public at large. It is my wish that you join me in asking the Provincial Government to reverse this rash betrayal of longstandinf thoughtful public policy. I would like to take a moment to direct your attention to the attached letter sent to the Minister of Agriculture and Lands, Steve Thomson, by the Mayor of Metchosin, John Ranns. I am writing to you today in the hopes that you will lend your voice and that of North Cowichan in support of Vancouver Island beekeepers, and pen a similar letter to Minister Thomson. Please do not hesitate to contact me if you have any questions. Sincerely, Lana Popham, MLA Saanich South Lana Popham, MLA - Importation of Bees Page 47 of 148 Page 48 of 148 Minutes - Jul 20 MUNICIPALITY of North COWICHAN Minutes Meeting Agricultural Advisory Committee Date Tuesday, July 20, 2010 Time 8:30 a.m. Place Municipal Hall - Council Chambers Members Present Blaine Hardie, Chair; Gerry Plester, Johanna Mellor, Neil Wilson, Victor Vesely, Jim Quaife, Geoff Millar, Robert Davison, and Councillor Ruth Hartmann (comprising a quorum) Members Absent With Notice: Marcel Fleurie Also Present Audrey Rogers, Planner; Andy Daniel, Engineering Technician; and Ernie Mansueti, Director of Parks and Recreation Agenda The Committee approved the agenda, as amended. Minutes The Committee adopted the minutes of the meeting held on June 1, 2010. The Committee reviewed the minutes of the Technical Planning Committee meeting held on May 18, June 8 and June 22, 2010. The Committee reviewed the minutes of the Advisory Planning Commission meetings held on May 28 and June 25, 2010. Business Arising: it was noted that a lack of designated staff support for the Committee has meant that some business arising from Committee minutes has not been addressed. Attempts will be made to rectify this issue in the near future. Business: Agricultural Land The Committee reviewed and discussed Planning Technician Morris’ July 13, 2010 Reserve report on a proposed subdivision at 3711 Cowichan Lake Road. The Committee - 3711 Cowichan also heard from the applicant Bishan Judge. The report noted that the Official Lake Road Community Plan and the Strategic Agricultural Plan do not support subdivision of smaller properties from larger parcels; they, instead, promote alternative means of housing. The applicant noted his desire to retire and allow his son to own and operate the farm, and that the severed parcel would allow him to continue to live abutting the farm. The Committee noted that the application is the type of home severance that the Agricultural Land Commission (ALC) policy was likely meant to support. The applicant has lived on the property since approximately 1972; the ownership will transfer to his son who will operate the dairy farm; the property is located to reduce its impact on the operating farm; the applicant will fence only a portion around the house allowing his son to continue to utilize a portion of the severed parcel for the dairy farm; the parent parcel is sufficiently large at 26+ ha (64.25+ ac); the 2.33 ha (5.75 ac) severed parcel size will allow for farming in the future; and the ALC will permit only one severed parcel. Page 1 of 3 Minutes - Jul 20 Page 49 of 148 Minutes - Jul 20 July 20, 2010 Agricultural Advisory Committee Minutes Recommended Resolution: that Council direct the Technical Planning Committee to consider Bishan Judge’s application and provide a recommendation to Council on the proposal to subdivide 3711 Cowichan Lake Road (Folio: 06340-000), under the Agricultural Land Commission’s homesite severance policy, along with the Agricultural Advisory Committee’s recommendation to support this application. It was noted that should the ALC support the severance, the land is subject to a rezoning application to address the size of the parcel created since it will not meet the requirements of the current zone. Agricultural Land The Committee reviewed and discussed Planning Student Farris’ July 14, 2010 Reserve report on a proposed inclusion of 0.268 ha (0.662 ac) of land at 1246 Bazett Road - 1246 Bazett Road in the Agricultural Land Reserve. Recommended Resolution: that Council direct the Technical Planning Committee to review and provide a recommendation to Council on Sue McKitrick and James Halvorson’s application to include 1246 Bazett Road (Folio: 08601-000), in the Agricultural Land Reserve. Establishment of Geoff Millar updated the Committee on the status of the proposed CVRD Agricultural Cowichan Valley Advisory Committee. The committee will be established to help prioritize and Regional District implement the 78 recommendations of the area agricultural plan. The intent is to Agricultural Advisory focus on preserving agriculture rather than reviewing ALR applications. He expects Committee the committee to begin work in the fall with support from CVRD staff, and funded from the economic development budget. The Committee suggested that the terms of reference should contain an expectation that formal representation be requested from North Cowichan’s Agricultural Advisory Committee and that committee minutes be exchanged. Non-Migratory Geoff Millar noted that Judy Stratford from Cowichan Green may come to the Birds Committee with a request for support to obtain funding for a non-migratory bird study. The Committee noted that a motion was forwarded to Council at the last meeting recommending that larger bag limits be permitted. Geoff Millar will circulate the Cowichan Green application through staff to forward to the Committee to review the terms of reference of the proposed study. Somenos Ball Parks and Recreation Director Mansueti addressed a number of questions for the Fields Committee about the removal of top soil, irrigation, and the development of the land that was put into the ALR in exchange for the ball fields, and when these lands would be sold and/or farmed. Mr. Mansueti assured the Committee that the land remains in the ALR. He provided information about the standards needed to maintain the ball fields and the soil and drainage mix to make them work effectively for that purpose. The use of the separately included lands for farming will have to be explored further by staff. Page 2 of 3 Minutes - Jul 20 Page 50 of 148 Minutes - Jul 20 Agricultural Advisory Committee Minutes July 20, 2010 The issue of soil removal was not well understood by the Committee when the application came forward for review; however, Mr. Mansueti assured the Committee that the Agricultural Land Commission members were made aware of the work to be done to the fields to make them work for their stated purpose. Agricultural Land The Committee reviewed and discussed the letter dated May 12, 2010 from the Reserve - 2442 Herd Agricultural Land Commission (ALC) regarding the refusal of the application. The Road ALC indicated the proposal was weighed against the purposes of the Commission as stipulated in Section 6 of the Agricultural Land Commission Act (Act), and that the applicant be advised of the provisions of Section 33 of the Act which provides an applicant with the opportunity to submit a request for reconsideration (Folio: 05162- 000) . Correspondence - The Committee reviewed and discussed the letter dated June 18, 2010 from City of City of Pitt Pitt Meadows regarding secure access to water for agricultural lands. Meadows Recommendation: that the Committee send a letter from the Chair supporting the need for secure, economically viable access to water for agricultural lands. New Business: Burning on The Committee reviewed and discussed Engineering Technician Daniel’s April 19, Agricultural Land 2010 report regarding burning on Agricultural Land Reserve lands and amendments Reserve to the Fire Protection Bylaw. Recommendation: that the Committee advise the Environmental Advisory Committee that it supports amending the Fire Protection Bylaw No. 3340 to remove the exemption on open burning within the Agricultural Land Reserve and defer to existing provincial legislation. ALC Requirements The Committee requests staff to provide information about the Agricultural Land Commission (ALC) expectations with respect to their requirements set out when approvals are granted; such as, requirements with respect to buffers (vegetation removal, potential uses, monitoring, and control). Festivals Cowichan Wine Culinary Festival is scheduled for September 18 to 19, 2010. Harvest Cook Out, at 5855 Clements Street, is scheduled for September 16, 2010. Adjournment The meeting ended at 10:30 a.m. Next Meeting The next meeting will be held on August 17, 2010 at 8:30 a.m. Certified correct Signature of recording secretary Chair or presiding member Page 3 of 3 Minutes - Jul 20 Page 51 of 148 Page 52 of 148 Minutes - Jul 27 MUNICIPALITY of North Minutes COWICHAN Meeting Technical Planning Committee Date Tuesday, July 27, 2010 Time 2:00 p.m. Place Municipal Hall - Large Committee Room Members Present Councillor George Seymour, Chair; and Councillor Al Siebring (comprising a quorum) Members Absent With Notice: Councillor John Koury Staff Present Dave Devana, Chief Administrative Officer (CAO); Brigid Reynolds, Planner; Peter Nilsen, Assistant Municipal Engineer; Bruce Oliphant, Chief Building Inspector; and Kim Farris, planning student. Agenda The Committee approved the agenda, as circulated. Minutes The Committee adopted the minutes of the meeting held on July 13, 2010. The Committee reviewed the minutes of the Agricultural Advisory Committee meeting held on July 20, 2010. Business: Agricultural Land The Committee reviewed Planning Technician Morris’ July 22, 2010 report Reserve (ALR) - regarding the ALR home site severance subdivision application for 3711 3711 Cowichan Lake Cowichan Lake Road (Folio: 06340-000). Staff noted that this application meets the Road requirements of the Agricultural Land Commission (ALC) home site severance policy. It was noted that should the ALC support the severance, the land may be subject to a rezoning application to address the size of the parcel created since it will not meet the current zoning requirements. Recommended Resolution: that Council forward the application for 3711 Cowichan Lake Road (Folio: 06340-000) to the Agricultural Land Commission recommending support under the ALC’s homesite severance policy, subject to staff clarifying the release of the covenant on title restricting the residence to a double wide trailer, and confirming if this type of application requires a zoning amendment prior to subdivision. Agricultural Land The Committee reviewed planning student Farris’ July 22, 2010 report regarding Reserve (ALR) - the ALR inclusion application for 1246 Bazett Road (Folio: 08601-010). Staff noted 1246 Bazett Road that this was a requirement of a subdivision application to create two, R1 sized lots. Recommended Resolution : that Council forward the application for 1246 Bazett Road (Folio: 08601-010) to the Agricultural Land Commission recommending Page 1 of 2 Minutes - Jul 27 Page 53 of 148 Minutes - Jul 27 July 27, 2010 Technical Planning Committee Minutes support for the inclusion of 0.268 hectares (0.662 acre) of land into the Agriculture Land Reserve. Development The Committee reviewed planning student Farris’ July 22, 2010 report regarding Variance Permit - the Development Variance Permit application for 2043 Buckingham Road (Folio: 2043 Buckingham 05873-000) to vary the maximum permitted height of the residence. The Road Committee also discussed the long term implications to agriculture with this type of development (i.e. large footprint and in the centre of the lot). Staff confirmed that there is proposed policy in the draft Official Community Plan. Recommendation: The Committee gives notice that Council intends to issue a Development Variance Permit for 2043 Buckingham Road (Folio: 05873-000) to vary section 51(7)(a) of the Zoning Bylaw to increase the maximum permitted building height from 9.0 metres (29.53 feet) to 10.4 metres (34.12 feet). Adjournment The meeting ended at 2:30 pm. Next Meeting The next meeting will be held on Tuesday, August 10, 2010. Certified correct Signature of recording secretary Chair or presiding member Page 2 of 2 Minutes - Jul 27 Page 54 of 148 Minutes - Jul 28 MUNICIPALITY of North Minutes COWICHAN Meeting Public Works Committee Date Wednesday, July 28, 2010 Time 12:15 p.m. Place Municipal Hall - Large Committee Room Members Present Councillor Ruth Hartmann, Acting Chair; and Councillor John Koury Members Absent Councillor Dave Haywood Also Present Councillor Al Siebring Staff Present John MacKay, Director of Engineering and Operations (Engineer); Wayne Gourlay, Operations Manager; and Clay Reitsma, Assistant Municipal Engineer Agenda The Committee approved the agenda, as amended. Minutes The Committee adopted the minutes of the meeting held on June 30, 2010. Delegation: Mosquito Control John Henigman, of D.G. Regan and Associates, spoke about the West Nile Program Virus monitoring and mosquito annoyance control measures his firm is undertaking on behalf of the Municipality. Business: Cowichan Valley The Committee reviewed the June 29, 2010 request from the Cowichan Valley Trail Crosswalks Regional District for the Municipality to install a number of crosswalks at the Cowichan Valley Trail crossings of Municipal roadways. Recommended Resolution: that Council authorize the installation of crosswalks at the following locations: 1. Cowichan Lake Road, at the E & N right-of-way; 2. Skinner Road, at the Catalyst Paper waterline; 3. Cowichan Lake Road, at the Catalyst Paper waterline; 4. Auchinachie Road, west of the Catalyst Paper waterline; and 5. Drinkwater Road, at the Catalyst Paper waterline. Westridge Road The Committee reviewed the July 14, 2010 request from Lewis Billings, of 6101 Parking Request Westridge Road, requesting approval to create guest parking spaces on the boulevard behind the curb on Westridge Road, at Cowichan Lake Road. The Committee noted that this area is designated as a “no parking” area to relieve congestion at the intersection; therefore, the Committee did not support this request. Page 1 of 2 Minutes - Jul 28 Page 55 of 148 Minutes - Jul 28 July 28, 2010 Public Works Committee Minutes New Business: Noxious Weed Councillor Koury mentioned a recent incident in Ladysmith with hogweed and asked if this weed is on the BC Noxious Weed list. Staff confirmed that hogweed is not on the BC Noxious Weed list. The Committee also noted that the Municipality removed a patch of hogweed on Herd Road, at Norcross Road, and may need to do further removals. Recommended Resolution: that Council ask the Ministry of Agriculture and Lands to consider including hogweed on the BC Noxious Weed List. Closed Session The Committee closed the meeting to the public at 1:35 p.m. to consider matters under section 90(1)(e) of the Community Charter , and rose without reporting at 1:45 p.m. Adjournment The meeting ended at 1:45 p.m. Next Meeting The next meeting is scheduled for Wednesday, September 8, 2010 at 12:15 p.m. Certified correct Signature of recording secretary Chair or presiding member Page 2 of 2 Minutes - Jul 28 Page 56 of 148 Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional Dist... Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional District) Page 57 of 148 Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional Dist... Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional District) Page 58 of 148 Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional Dist... Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional District) Page 59 of 148 Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional Dist... Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional District) Page 60 of 148 Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional Dist... Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional District) Page 61 of 148 Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional Dist... Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional District) Page 62 of 148 Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional Dist... Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional District) Page 63 of 148 Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional Dist... Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional District) Page 64 of 148 Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional Dist... Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional District) Page 65 of 148 Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional Dist... Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional District) Page 66 of 148 Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional Dist... Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional District) Page 67 of 148 Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional Dist... Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional District) Page 68 of 148 Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional Dist... Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional District) Page 69 of 148 Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional Dist... Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional District) Page 70 of 148 Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional Dist... Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional District) Page 71 of 148 Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional Dist... Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional District) Page 72 of 148 Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional Dist... Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional District) Page 73 of 148 Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional Dist... Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional District) Page 74 of 148 Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional Dist... Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional District) Page 75 of 148 Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional Dist... Minutes - Jun 23 & Jul 14 (Cowichan Valley Regional District) Page 76 of 148 Bylaw No. 3419 - Adoption BYLAW NO. 3419 Zoning Amendment Bylaw (No. 3 -Woodland Drive), 2010 The council of The Corporation of the District of North Cowichan enacts as follows: 1 Schedule “C” of “Zoning Bylaw 1997”, No. 2950, is amended by re-classifying 6367 Woodland Drive (Lot 4, Section 3, Range 8, Somenos District, Plan 1883, Except Plan 43487; Folio 5392-000), shown outlined in bold on Schedule “A”, attached to and forming part of this bylaw, from Rural Zone (A2) to Rural Residential Zone (A5). Bylaw readings First reading ...... April 21, 2010 Second reading ...... April 21, 2010 Public hearing ...... June 16, 2010 Third reading ...... June 16, 2010 Adopted ...... , 2010 M. O. Ruttan, Director of Administration T. A. Walker, Mayor This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan. Bylaw No. 3419 - Adoption Page 77 of 148 Bylaw No. 3419 - Adoption Schedule “A” B 2 B Bylaw No. 3419 - Adoption Page 78 of 148 Bylaw No. 3425 - Adoption BYLAW NO. 3425 Official Community Plan Amendment Bylaw (Chemainus Artisan Village Comprehensive Development Plan), 2010 The council of The Corporation of the District of North Cowichan, enacts as follows: 1 This bylaw amends “Official Community Plan Bylaw 2002,” No. 3130, by adding (a) the following to Appendix “E” after “Area Plan 2 – The Cliffs Comprehensive Development Plan”: Area Plan 3 – Chemainus Artisan Village Comprehensive Development Plan , and (b) “Area Plan 3 – Chemainus Artisan Village Comprehensive Development Plan” as shown on Schedule “A”, attached to and forming part of this bylaw, after Area Plan 2, The Cliffs Comprehensive Development Plan. Bylaw readings First reading ...... May 19, 2010 Second reading...... June 2, 2010 Public Hearing ...... June 24, 2010 Third reading, as amended...... July 21, 2010 Adopted ...... , 2010 ______M. O. Ruttan, Director of Administration T. A. Walker, Mayor This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan. Bylaw No. 3425 - Adoption Page 79 of 148 Bylaw No. 3425 - Adoption Schedule “A” to Bylaw 3425 Area Plan 3 – Chemainus Artisan Village Comprehensive Development Plan TABLE OF CONTENTS 1.0 PURPOSE 4 2.0 SETTING, HISTORY, AND VISION 6 3.0 POLICY CONTEXT 7 4.0 SITE PLANNING 8 5.0 PROTECTED AREAS 11 6.0 ARTISAN VILLAGE DESIGN PRINCIPLES 14 Development Vision 15 Transition 15 Internal Streets 17 Public Art 18 Building Design 18 Landscaping 20 7.0 LAND USE 21 General Provisions 21 Affordable Housing 21 Parks and Trails Amenity 22 Land Uses for Area 1 23 Land Uses for Area 2 24 Land Uses for Area 3 25 8.0 DEVELOPMENT APPROVAL PROCESS 26 Zoning Amendments 26 Subdivision & Project Phasing 26 Development Permits 26 APPENDIX 1 - ANTICIPATED PLANT LIST 26 2 of 27 Bylaw No. 3425 - Adoption Page 80 of 148 Bylaw No. 3425 - Adoption Figure 1: Site Context 3 of 27 Bylaw No. 3425 - Adoption Page 81 of 148 Bylaw No. 3425 - Adoption 1.0 Purpose This plan has been prepared in accordance with Section 9.1 of the Municipality of North Cowichan’s Official Community Plan (OCP) and will be used to guide the development of Artisan Village, a mixed-use neighbourhood located in Chemainus. The intent of this Comprehensive Development Plan is to: □ Provide residents, land owners, and Council with assurance about the future development of the lands □ Identify how protected areas will be conserved and enhanced □ identify the parkland, green space, and trail amenities for public use □ Identify how the site will be integrated with the surrounding areas □ Identify future land uses and densities within the development area □ Identify the urban design principles to use during subdivision and development approvals □ Outline an appropriate project phasing 4 of 27 Bylaw No. 3425 - Adoption Page 82 of 148 Bylaw No. 3425 - Adoption Figure 2: Site Context 5 of 27 Bylaw No. 3425 - Adoption Page 83 of 148 Bylaw No. 3425 - Adoption 2.0 Setting, History, and Vision Setting The subject property encompasses about 13.5 hectares (33.5 acres) of undeveloped lands, located to the south west of and near the centre of Chemainus. The E and N Railway right of way flanks the north/eastern property line. Lands to the south, west and southwest are: 1. in the Agricultural Land Reserve adjacent to farmland and, 2. home to the Municipal Ball fields. To the east, the property is bounded by Elm Street, which provides access to a commercial property, the ball fields, a potential skate board park, and St. Joseph’s School. Askew Creek flows north-east through the property; the creek effectively divides the lands into two sections. The Hermit Trails are a significant feature of the site. The high point of the property has views looking north and east over the harbour and to the mainland mountains beyond. History • Native History The Cowichan Valley has been home to the first people for more than 4,500 years. The tribes originally located in villages along the Cowichan and Koksilah Rivers. From their home base they would travel to other sites for access to seasonal resources and for ceremonial uses. An Archaeological Overview Assessment of the property was prepared by I.R. Wilson Consultants Ltd. The findings indicate that no archeological sites are recorded on or near the property, which is well removed from the ocean shoreline. • Chemainus History Mining, fishing and forestry were the original industries that gave work to many immigrants to Canada including those from China, Japan, India, Scotland and Germany. The natural resource industry suffers from economic uncertainties so the people of Chemainus began to look for ways to expand their economic base. The creation of a number of large outdoor wall murals, painted by local artists, that reflect the history of the area, and the construction of a new live theatre, as well as a desire to promote local artists led to the original concept for the site – “Artisans Village”. It was planned as an international campus intended to accommodate artists and artisans from around the Pacific Rim with studio and workspace and a venue to market art. The concept is to continue to recognize the artistic side of Chemainus while at the same time providing a mix of housing. The original metal gates and sculpture will be incorporated into the entry to the Hermit Trails. Vision The vision for Artisan Village is to create a unique mixed-use predominately residential neighbourhood utilizing open space, quality architecture, and the site’s natural beauty. The Proposed Development will create a safe, pedestrian-oriented neighbourhood that provides amenities for both the residents and the larger community. The spirit of the original concept of Artisans Village will be kept alive with the incorporation of a small commercial component that will be integrated with the Chemainus town centre and provide local interest and vitality for the proposed residential development located on either side of the Hermit Park and Askew Creek. 6 of 27 Bylaw No. 3425 - Adoption Page 84 of 148 Bylaw No. 3425 - Adoption 3.0 Policy Context Official Community Plan (2002) The subject property is included in the Chemainus Urban Growth Centre as identified in the Municiaplity’s 2002 Official Community Plan. The purpose of this document is to direct the development of the lands in accordance with Section 9.1 of the Plan. A mix of land uses and housing types are proposed, this Comprehensive Development Plan(CDP) sets out a structure for zoning that is somewhat flexible to address market conditions, local needs and to achieve smart growth principles. In recognition of the new provincial legislation with respect to climate change, the intent is that Artisan Village should develop as a predominantly medium to high density residential area in close proximity to services and amenities of the Chemainus commercial and service core while enjoying the park and trail amenities within and abutting the site. The area will be both distinctive in character, and integrated with the surrounding neighbourhood. The plan establishes minimum and maximum densities, puts emphasis on pedestrian movement and quality urban design, approaches infrastructure and buildings from a sustainable perspective, integrates the development into the community, and preserves ecological systems and open space as parkland and protected area. Figure 3: Site Planning Conceptual 7 of 27 Bylaw No. 3425 - Adoption Page 85 of 148 Bylaw No. 3425 - Adoption 4.0 Site Planning Overall Site Planning An integrated approach to a responsive site development that includes social, environmental, and economic considerations □ Reducing urban sprawl by: o Utilizing a location that is close to the existing Chemainus commercial and service core. o Enhancing access to transit. o Interconnecting to existing and future development including the nearby Chemainus commercial and service core, municipal park, other residential development, and schools. □ Protecting streams, wildlife areas, natural vegetation and open space by o Developing on previously disturbed sites. o Through the retention of the Stream Protection Enhancement Area (SPEA), o Provision of a landscaped Agricultural Land Reserve buffer, o Incorporating recommendations of the Qualified Environmental Professional(s) o Preserving areas for recreation. o Utilizing native plants between buildings, along roads, and parking areas and for restoration purposes. □ Increasing transportation choice and reducing automobile reliance o Supporting convenient alternative transportation choices such as walking, use of scooters and wheelchairs, cycling, and access to public transit and commuter train. o Prioritizing support for alternative forms of transportation with convenient safe sidewalks, trails and cycling lanes while still addressing vehicular movement and parking. o Preparing a complete mobility plan for the site and integrating it with the surrounding areas. □ Contribution to Municipal Road Infrastructure while Working with natural site grades to create visual interest and to protect the natural features of the site. Integrating appropriately with abutting sites and public roads recognizing the need for goods and services movement and addressing active transportation (alternative modes of travel). Designing to accommodate the increased need for capacity created by area development. □ Preparation of a comprehensive rain water management plan □ Achieving system energy and consumption efficiencies o Reduction of water use by using drought resistance and/or native plants o All exterior mounted area, site, street, and building lighting will be non-glare, full cut- off “dark skies” and will be compliant with the Municipality’s requirements 8 of 27 Bylaw No. 3425 - Adoption Page 86 of 148 Bylaw No. 3425 - Adoption o Investigation of alternate energy sources such as geothermal □ Creation of community open spaces for people to meet including small urban plazas in the mixed use area, strategically placed seating areas, a Hermit Trailhead, and community gardens. The frequency of these kinds of spaces will be determined on the basis of good urban design principles and keeping the comfort of seniors in mind. Figure 3: Examples of Boulevard Between Sidewalk and Road ( photos by: Dan Burden 2006 ) 9 of 27 Bylaw No. 3425 - Adoption Page 87 of 148 Bylaw No. 3425 - Adoption Figure 5: Pedestrian Bridge Example (photo by Dan Burden 2009) Figure 4: Community Garden Example (photo by Dan Burden 2009) Figure 6: Hermit Trail 10 of 27 Bylaw No. 3425 - Adoption Page 88 of 148 Bylaw No. 3425 - Adoption 5.0 Protected Areas Askew Creek Askew Creek will be protected with a 30m buffer in accordance with Riparian Area Regulations. Adjacent to the creek there are mature forests that maintain the important biological function of the riparian area adjacent to Askew Creek. Recommendations of the “Ecological Assessment Proposed Property Development Artisan Village, Chemainus, BC”, Madrone, January 23, 2008 (EA_Madrone 2008 ) will be incorporated into site planning, construction management, and development of the site. Hermit Trails Along with Askew Creek, the existing Hermit Trail system is a critical feature and site amenity of value to the whole community of Chemainus. Part of this trail network is in the protected riparian area and part of it lies within the developable area. This latter area will be included in the defined park, be protected along with the SPEA and turned over to the municipality as park Wildlife Trees The location of any decaying and large live wildlife trees outside the SPEA, throughout the polygons will be retained on the basis of input from an Arbourist and a Qualified Environmental Professional (QEP) based on the recommendations of the EA_Madrone 2008 . All site and/or construction works will meet the requirements of the provincial Wildlife Act (Section 34C) and the federal Migratory Birds Convention Act (Section 6). The areas will be checked by a QEP prior to site works or construction being implemented. Agriculture Buffer Figure 7: Protected Areas The agricultural buffer areas will be utilized for passive recreation and community garden uses. In accordance with the request of the Agricultural Advisory Committee, a form of covenant will be placed on title to ensure that future residents are aware of the working farm to the west of the site. A $20,000 contribution in support of agriculture to the Municipality of North Cowichan upon approval of the Comprehensive Development Zone. 11 of 27 Bylaw No. 3425 - Adoption Page 89 of 148 Bylaw No. 3425 - Adoption Figure 11: Askew Creek Figure 8: Chicanes introduced along with rain management techniques Figure 10: Slope Adaptive Design Figure 9: Management technique during construction 12 of 27 Bylaw No. 3425 - Adoption Page 90 of 148 Bylaw No. 3425 - Adoption Development Practices to Protect the Environment Slope Protection and Site Adaptation A key goal of the Plan is protecting the natural environment in the course of land use and development. This requires environmentally responsible development practices and the integration of natural features into development design. Existing terrain and drainage patterns will be maintained as much as possible by adapting the access roads and housing forms and main floor levels to suit the natural contours and existing site grades. Retaining walls will be minimized where possible and should not exceed 1.2m in situations where retaining walls are the only reasonable solution. Another key goal is to integrate or protect unique or special natural features of the site such as landforms, rock outcroppings, mature trees and vegetation, drainage courses, hilltops and ridgelines. By doing so the development should maintain the aesthetic and scenic quality of the site within the community of Chemainus. Site Management Prior to each development, a comprehensive construction management plan will be provided to govern erosion, and sediment control, identification and restriction of construction zones to protect the park, identification of animal movement corridors and bird habitat to be protected and retained, an understanding of how soil will be removed and stored, planning the location of construction materials, construction staging, construction garbage and recycling, phasing of development, and operational issues such as time restrictions, site lighting, and access. Rain Water Management Provision of a comprehensive rain water management plan will be developed for the whole site prior to subdivision. The plan will be used to guide all other site development. The developer will work with the municipality to establish performance targets consistent with Environmental Best Management Practices and implement what can be practically achieved based upon the site terrain and conditions. An inventory of the existing landforms, soils and drainage conditions will be compiled and form the background for the comprehensive rain water management plan; the goal is to have no adverse impact on Askew Creek, adjacent properties or downstream drainage facilities. Figure 13: Heritage Park Figure 12: Cyclist (photo Dan Burden 2006) 13 of 27 Bylaw No. 3425 - Adoption Page 91 of 148 Bylaw No. 3425 - Adoption Figure 15: Chemainus Theatre Festival Figure 14: Parking Pocket (photo courtesy of Dan Burden 2006) 4.0 Artisan Village Design Principles The development promises to achieve smart growth objectives. The challenges created by smart growth development are related to achieving community livability and housing affordability. This section of the plan is intended to address achieving both density and livability. Artisan Village will provide quality urban design, and will provide opportunities for flexible space that can enhance the lifestyle of the future residents while supporting local commercial, and a variety of forms of activity (performance, production, physical, passive). Artisan Village will provide a significant number of dwelling units to the Municipality of North Cowichan in a compact area that has ready access to a variety of services. It has a role to play in sustainable economic development of the Municipality by addressing a number of lifestyle and life stage expectations as well as offering an interesting visitor experience. Chemainus has developed a unique and individual character, celebrating its history, location and its people. By doing so Chemainus has created additional economic diversity to the region by attracting tourists to view its celebratory murals and enjoy the local theatre. Chemainus is characterized by human scale buildings and streets, and has views of Stuart Channel, Thetis and Kuper Islands, and the distant mountains of the mainland. The Artisan Village site embodies physical beauty around Askew Crew and some local history that includes Charlie Abbott’s unique hand on the landscape known as The Hermit Trails. The design of the development will celebrate these facets of Chemainus, keeping the streetscapes at a human scale, providing slope adaptive designs that work with the natural forms of the site, and using local materials, textures and colours on the buildings and in the landscape. 14 of 27 Bylaw No. 3425 - Adoption Page 92 of 148 Bylaw No. 3425 - Adoption Development Vision Figure 16: Development Vision Buildings are to be located on disturbed sites as indicated in Figure 3. The actual building layout is subject to the design and subdivision process taking into consideration the urban and building design concepts outlined in this CDP. Transition Artisan village is close to the commercial centre of Chemainus and the future residents will have ready access to grocers, pharmacists, shops, restaurants and a variety of services including health related services and facilities. Residents of Artisan Village will have ready access to adjoining neighbourhoods, municipal parks and trails, and centralized services by utilizing interconnecting trails, sidewalks and streets. 15 of 27 Bylaw No. 3425 - Adoption Page 93 of 148 Bylaw No. 3425 - Adoption To service lands beyond, registration of a Statutory Right of Way to accommodate a service corridor will be included through the site. Coordination of the entrance to the site on Elm Street with the balance of the existing commercial service areas will take place and involve road works with significantly improved pedestrian, rail, and vehicular connections. The entrance will invite pedestrians into the development via a paved plaza with a water feature. A tree lined boulevard will lead pedestrians through the vibrant commercial area, which will include housing to add variety to living accommodation. Deeper into the site mixed residential, assisted living and potentially long term (complex) care facilities will be developed. Each building will have ready pedestrian access to the woodlands by way of the Hermit Trail system, over Askew Creek and to the multi family site. The Askew Creek Hermit Trail System provides the nucleus for the trail system in this development. Trail connections will radiate out from this network to connect with Elm Street, Victoria Road, Chemainus Greenway, Cowichan Valley Trail, Askew Wilderness Park, to the municipally owned parks, residential on River Road, and schools as well as the central business core. The north entrance of the site will be landscaped and integrated with Chapman Road, Victoria Road, and Chemainus Road. Figure 17: Conceptual Street Cross Section 16 of 27 Bylaw No. 3425 - Adoption Page 94 of 148 Bylaw No. 3425 - Adoption Internal Streets The main streets of Artisan Village will be designed to encourage an open, vibrant, transparent streetscape utilizing safety principles so that users will feel safe and comfortable walking, cycling, or using a scooter. The primary street will eventually run through to River Road, providing alternative access for River Road residents to downtown Chemainus. All private and public streets on the site will address all users of the site, the streets are the main movement corridors that give priority to pedestrians and provide the interconnections to the community at large. They will include deliberate linkage with the trail system. It is the intent to design these streets to ensure that traffic is slow moving. Continuity with the planned trail, bio-swale, road, and sidewalk system from the south through the property is anticipated. The building sites will be oriented (fronting) to the public right of way helping to create people connectivity. To provide pedestrian comfort, buildings and landscaping will be the primary features. Landscaping will be used to provide a buffer between pedestrians and vehicular traffic and between pedestrians and street oriented individual residential front entrances. Cycling will consider both the commuter and the recreational user. Parking, garbage, service entrances, loading areas, and mechanical systems will be placed away from public right of ways, will not be located in front yards, and will be underground. When parking cannot be underground, parking garbage, service entrances, loading areas and mechanical systems will be located to the rear or side of a building, and will be well-landscaped, and if not enclosed in the principal building, will have decorative fencing and be well-landscaped. Parking stall quantities for this site will take into consideration the close proximity to the central business area and not overwhelm the development. To address the impacts of reduced parking, a commitment to addition trails (see Parks and Trails Amenity section under Land Use), connection of trails between and through each individual development, major commitment to active transportation, transit stops, and improved pedestrian connections at Elm Street and Chemainus Road intersection, and, in the future, Chapman, Chemainus, Old Victoria Road. Bicycle will be provided in two forms: 1. for residents and staff; and, 2. for visitors. Where underground parking exists, resident and staff bicycle parking will be provided in secure bicycle rooms or in expanded mesh compounds or a similar appropriate option within or very near the underground parking. Optionally, bicycle parking might be provided in individual unit storage rooms or bicycle lockers near the vehicle parking areas. Where underground parking exists, resident and staff bicycle parking will be provided in secure bicycle rooms or in expanded mesh compounds or similar appropriate option within or very near the underground parking. Optionally, bicycle parking might be provided in individual unit storage rooms or bicycle lockers near the vehicle parking areas. A master signage and wayfinding plan, which will take into consideration the various uses and wayfinding through the site and to the surrounding areas, will be provided. The plan will include details about the location of signs, permitted materials reflecting the “artisan” nature of the community, and will be sized to suit the pedestrian scale of the planned community. No individual pylon signs will be permitted except for residential apartment style buildings. These pylon signs will not exceed 1.2 meters in height and will be designed to suit the “artisan” village nature of the site 17 of 27 Bylaw No. 3425 - Adoption Page 95 of 148 Bylaw No. 3425 - Adoption and will be well landscaped at its base; they will only contain the name of the building and the street address. Public Art Public art on the site will celebrate the historic significance of the Hermit and his trails and Chemainus history and character. Public art will be added to the site to create interest and draw pedestrians through the site. Public art will be provided at the entrance to the Hermit Park, and the entrance to the development at Elm Street. Within a number of small pocket parks created at significant trail, sidewalk, and road intersections throughout the development pedestrian amenity will be built with stone features to echo structures built by the Hermit. The locations for public art Figure 20 : Local Example of Public Figure 20 : Entrance and Street Sketches Figure 20 : Train Shelter will be determined at time of subdivision. Building Design The six over-arching and interrelated principles of building green will be used wherever possible for building placement and construction. These include optimizing the potential of the site while considering solar aspect, location of agricultural lands, minimizing energy usage, conserving and protecting water, utilizing environmentally preferable products where possible, enhancing indoor environmental quality, and optimizing operations and maintenance practices. Buildings will have an enduring quality reflecting the best qualities of the forms and styles of the local and unique area. Architecture will have distinct bottom, middle, and top; will have human scale proportional massing and both horizontal and vertical articulation. The colours, materials, and scale will be contextual (culturally and historically) with the location and function of the building. Along the public right-of-way the buildings will be well fenestrated, animated, and provide a sense of entry. Exterior building finishes are: natural and man made materials such as rock, wood, hardiplank, and fibreglass shingles; vinyl siding will not be used. 18 of 27 Bylaw No. 3425 - Adoption Page 96 of 148 Bylaw No. 3425 - Adoption Building Design will have structures that are slope adaptive and have expressive, sloping roofs that mimic land forms and maintain the slope adaptive nature of the building (for example, cascading roof lines.) Individual dwelling units will front onto public road, strata road, or open space wherever possible and will have individual at grade connections to the fronting road, strata road, or open space. Recognizing that parking typically will be located underground or in the rear, consideration will be given to reducing the front yard setbacks for the ground floor portion of a building to help create an active, vibrant, transparent, safe and comfortable street and to provide for greater flexibility for site design. Site design for the subdivision and each building will take into consideration natural forms, features, solar aspect, and views. The site design will also take into consideration the negative impacts of adjacent rural to reduce potential conflicts – the ALR lands adjacent to the property should not be negatively pressured by new residents due to reasonable farm practices. Figure 21: Photos of Hermit Trail and Fencing Details 19 of 27 Bylaw No. 3425 - Adoption Page 97 of 148 Bylaw No. 3425 - Adoption Landscaping Landscape Character The goal is to conserve and restore the native forest ecosystems. The landscape design will be natural and informal using native species where possible, with drought resistant exotics added in some areas. Cultivated, decorative and non-indigenous planting and lawns will be actively discouraged. Naturalized landscapes will be utilized in the design to reduce water use and enhance wildlife. All plants and planting will be required to meet the current British Columbia Landscape Standard prepared by the British Columbia Society of Landscape Architects and British Columbia Landscape and Nursery Association. Design elements will be based on the Hermit trail details and fencing already on the site, see Figure 23. All exterior lighting will be non-glare, and full cut-off, “dark skies” compliant. Area 1, TOWNHOUSE Area 2, MIXED RESIDENTIAL Area 3, MIXED COMMERCIAL RESIDENTIAL Area 4, PARK (NO BUILD) Area 5, ALR BUFFER (NO BUILD) Figure 22: Areas 1 to 5 20 of 27 Bylaw No. 3425 - Adoption Page 98 of 148 Bylaw No. 3425 - Adoption 7.0 Land use General Provisions Figure 25 shows the general land use and layout for the site. Permitted uses will include multi- family residential in the form of townhouses and apartment condominiums, assisted living and long term seniors’ facilities, and mixed commercial. Approximately 40% of the site is within protected areas. Phasing of the development is expected to begin with Area 1. Build-out will likely take 10 to 15 years. Areas 1, and 2 have both a minimum and maximum density. Area 3 has a mix of commercial and residential uses. Affordable Housing Ten percent (10%) of the developed housing units (not including assisted living or long term care) will be provided for the purpose of affordable housing. The units will be of a variety of tenure types (rental, ownership, families, employee, couples and/or seniors) depending on the nature of each individual development. TRAILS LEGEND TRAILS NOTES 3.0 m wide CVRD trail connection - Trail alignment, baffle requirements, 2.0 m wide trail, where paved with 0.5 meter wide fencing, signage, viewpoints, access, staging 20mm crushed gravel shoulder both sides areas, decks, boardwalks, and footbridges are to be designed, aligned and located in 1.5 m wide trail consultation with a QEP and approved by NC 1.0 m natural, signed hazard risk; Director of Parks and Recreation Bridge - Trail design and location will be designed in consultation with a QEP, CVRD (CVT) and approved by NC Director of Parks and Recreation M - SPEA trails to meet The Stewardship Interconnect 0 3 Series "Access Near Aquatic Areas" Section M to sidewalk 0 through 1 5.0 Design and Construction Standards for development Public Access; note no trees are to be Intent to connect to trail removed to construct path. to Echo Heights Trail Development continues Interconnect to south public sidewalk through development Approx location of ballfield expansion Intent to access ball fields Intent to connect to Intent to connect to trail to 3037 River trail to 3037 River Road Trail Road Trail Figure 23: Trails Proposal 21 of 27 Bylaw No. 3425 - Adoption Page 99 of 148 Bylaw No. 3425 - Adoption Parks and Trails Amenity In addition to provision of the Askew Creek SPEA, and Hermit Trails as park, the developer will extend the existing system of trails throughout the site to link the historic Hermit Trails to Chemainus Town Centre, Askew Wilderness Park, proposed Chemainus Greenway, and the various residential buildings with trails throughout the development. The network of trails (see Figure 25) will be a series of mixed surface trails that will also connect to sidewalks along tree lined streets and will include clearly marked safe road crossings. Small pocket parks with seat walls and benches will be located along the trail system the frequency of which will be determined at subdivision and development permit. The intent of the seating areas is to support the older and very young trail users by allowing for sitting and resting places therefore the frequency will reflect best practice for this purpose. Provision of public parking and access to Hermit Trail Park from the planned public road will be built at the same time as the public road. Phasing and coordination of trail enhancements will be determined during the subdivision process. The Hermit Park and Askew Creek SPEA will be turned over to the Municipality prior to issuing any Development Permits. A 7.5 meter strip of land along the north-east end of the municipal ball parks will be provided to the Municipality of North Cowichan to enhance the ball park. Figure 24: Examples of Form 22 of 27 Bylaw No. 3425 - Adoption Page 100 of 148 Bylaw No. 3425 - Adoption Figure 25 : Steeples Assisted Living, VIHA Land Uses for Area 1 Multi-family Residential The western portion of the Artisan Village site is the closest to schools and is intended for family oriented housing, which would be comprised of town and stacked town houses. The mix is designed to be a combination of “affordable,” “attainable” housing and “medium” family income housing. Various forms of parking include carports, garages, cluster, and on-street parking all following the principles outlined under the Urban Design section of this plan. Access to this part of the property is from Chapman Road. Community Garden and Recreation In addition to the separately identified trails and park, this area will also include for amenities such as community garden, and/or passive recreation areas. The trail system will allow access to the municipal park and St Joseph’s School. Density The minimum density for this area of the site is 25 dwelling units per developable 1 hectare with a maximum density of 50 dwelling units per developable hectare. Estimated Area The developable area of Area 1 is approximately 2.8 hectares. 1 Developable in this case will be the parcels created by subdivision that will not include the SPEA/park areas nor the public right of way. 23 of 27 Bylaw No. 3425 - Adoption Page 101 of 148 Bylaw No. 3425 - Adoption Zoning The zone (based on Residential Ground-Oriented Multi-Family Zone [R7-A]) will primarily include for stacked and row townhouse uses, a minimum density requirement, building front yard setbacks adjustments to provide building location flexibility along public and strata roads, to enhance pedestrian experience, to allow flexibility in the location of parking. Under consideration is a front yard setback for townhouse units of 2.5 m where cars are parked in the rear of the dwelling unit. Land Uses for Area 2 Multi-family Residential The eastern portion of Artisan Village has ready access to the Willow Street commercial and service core that includes retail, grocery, pharmacy, and professional offices. This portion of the site features affordable, and market, mid and high density housing as well as extended care or assisted living seniors’ housing. Housing is comprised primarily of townhouses to a maximum of 2.5 stories, stacked townhouse to a maximum of 3 stories, and apartment buildings to a maximum of three and four stories in height; this housing is designed to appeal to singles and couples looking for an alternative to the single family home. Consideration will be given to building fee- simple townhouses along the public road as an alternative to strata townhouses. Access to this portion of the development is from Elm Street and Chemainus Road. Assisted Living and Long Term Care The seniors’ housing option provides a combination of care/assisted living and independent living choices in apartment style buildings with personal service care, commercial kitchen, dining room, recreation, office, staff support, and medical support. Resident and staff parking will be a combination of clustered, covered, underground and on-street. Buildings and parking will follow the principles outlined under the Urban Design section. Density The minimum density for this area of the site is 30 dwelling units per developable hectare with a maximum density of 100 dwelling units per hectare for apartment dwelling units. Assisted Living Unit, with gross floor area (GFA) of less than 60m 2, will have an equivalency ratio of 2:1 calculated dwelling units per hectare. Complex care unit, with GFA of less than 30 m 2, will have an equivalency ratio of 3:1 calculated dwelling units per hectare. Estimated Developable Area The developable area of Area 2 is approximately 3.5 hectares. Zoning A new zone that takes elements from existing R7-A and Residential Multi-Family Apartment Zone [R8] zones is needed to allow primarily for the minimum and maximum density; consideration for mixed townhouse and apartment complexes; smaller front yard setbacks for town homes (min 2.5 m) where parking is located in the rear, and a maximum building height for the apartments to accommodate 4 stories and minimum roof slopes of 5:12. 24 of 27 Bylaw No. 3425 - Adoption Page 102 of 148 Bylaw No. 3425 - Adoption Figure 26 : Photos of Chemainus Land Uses for Area 3 The entrance to Artisan Village at the far eastern side of the development is envisioned as a small commercial/residential link between the Chemainus commercial and service core and the proposed residential neighbourhoods in the central part of the property. Accessed from Elm Street, the concept is to preferably provide a live/work neighbourhood that has an arts and crafts, or artisan related commercial, office and studio space. A total of approximately 20,000 square feet of main floor commercial space is anticipated. Increases to the commercial space may be considered appropriate upon the completion of a Chemainus wide commercial space needs assessment and/or in conjunction with a Chemainus Neighbourhood Plan. Apartments will be provided over the commercial areas, so that people may live above their businesses or utilized as condos. The design of this area will follow the Urban Design section of this plan. The intent is to continue the “old town” historic character and style. Buildings will be clad with quality materials that reflect the best of Chemainus “main street” character, will allow for weather protection for pedestrians and sidewalk seating. Parking will be close by but away from the storefront entrances, accommodated in open-air clusters and in underground parking garages. In keeping with the heritage style, buildings will be articulated and varied so as to promote a sense of individual shops and a safe comfortable pleasant pedestrian focus. Goods and Services traffic movement will be anticipated throughout the site and taken into consideration when designing the programming of each site. 25 of 27 Bylaw No. 3425 - Adoption Page 103 of 148 Bylaw No. 3425 - Adoption Estimated Developable Area The developable area of Area 3 is approximately 1.25 hectares. Zoning An Artisan Commercial Zone will need to be established to accommodate live work, mix commercial residential uses, control of the type of commercial uses for the specific location and to provide for frontage to allow for eating establishment patio space. 8.0 Development Approval Process Zoning Amendments The property is currently split zoned with the majority being Rural (A2). This Comprehensive Development Plan sets out a number of operating principles; however, it does not specify setbacks, heights, or site coverage and density. Once the OCP amendment has been approved a separate set of regulatory requirements will be worked out for Municipal approval as part of an amendment to the Zoning Bylaw. Subdivision & Project Phasing Subdivision and project phasing will be developed utilizing the planning principles and expectations outlined in this plan. Trails and replanted natural green space will be constructed at each subdivision stage as determined through the subdivision process prior to development permit. Theoretically, each identified Area could be individually phased containing separate development pods. The development of each phase will be subject to market forces. The developer shall undertake to ensure that new property owners are aware of future uses and phases of the project. Development Permits Development Permit applications will be required for each building project, in accordance with the guidelines set out in this document. Phasing The developer intends to develop Area 1 first. This will require a subdivision to create: 1. Hermit Park, 2. a Stream Protection Enhancement Area for Askew Creek, 3. a strip of land to be added to the Municipal Ball Park, 4. a lot for a phased strata development of townhouses, and 5. a remnant lot (Areas 2 and 3). Once approximately 80% of Area 1 has been developed, phased subdivision of the remnant lot will create approximately eight lots in Areas 2 and 3. Development Permits will be required for each Area. 26 of 27 Bylaw No. 3425 - Adoption Page 104 of 148 Bylaw No. 3425 - Adoption Appendix 1 – Anticipated Plant List Deciduous Trees Shrubs/Groundcovers Vine Maple (acer circinatum) Strawberry Tree (arbutus unedo) Big Leaf Maple (acer macrophyllum) Red twigged Dogwood (cornus stolonifera) Red Alder (alnus rubra) Beaked Hazelnut (corylus cornuta) Pacific Dogwood (cornus nuttallii) Salal (gaulteria shallon) Black Hawthorn (cratagus douglasii) Ocean Spray (holodiscus discolor) Pacific Crabapple (malus fusca) Lavender (lavenduala angustifolia) Bitter Cherry (prunus emarginata) Oregon Grape (mahonia nervosa) Cascara (rhamnus persiana) Indian Plum (oemleria cerasiformis) Coniferous Trees Mock orange (philadelphus lewisii) Shore Pine (pinus contorta contorta) Pacific Rhododendron (rhododendron macrophyllum) Scots Pine (pinuys sylvestris) Red-flowering currant (ribes sanguineum) Douglas Fir (psuedotsuga menziesii) Nootka Rose (rosa nutkana) Western Yew (taxus brevifolia) Red Elderberry (sambucus racemosa) Western Red Cedar (thuja plicata excelsa) Evergreen huckleberry (vaccinium ovatum) Western Hemlock (tsuga heterophylla) Red Huckleberry (vaccinium parviflora) Ferns Davids Viburnum (viburnum davidii) Deer fern (blechnum spicant) Grasses/Perennials Sword fern (polystichum munitum) Switch Grass (pannicum virgatum ‘Heavy Metal’) Climbers Fountain Grass (pennisetum alopecuroides) Western honeysuckle (lonicera ciliosa) New Zealand Flax (phormium tenax) Wisteria (wisteria sinensis) Mexican Feather Grass (stipa tenuissima) 27 of 27 Bylaw No. 3425 - Adoption Page 105 of 148 Page 106 of 148 Bylaw No. 3426 - Adoption BYLAW NO. 3426 Zoning Amendment Bylaw (No. 5 - Chemainus Artisan Village Comprehensive Development Zone [CD6]), 2010 Adopted on , 2010 The council of The Corporation of the District of North Cowichan, enacts as follows: 1 This bylaw amends “Zoning Bylaw 1997,” No. 2950, by (a) adding “Chemainus Artisan Village Comprehensive Development Zone (CD6)” to Part 5, Division 2 of the Table of Contents, (b) inserting the following definitions to section 12 [definitions]: 9.1 “artisan studio” means the use of premises for the production, and optional display and sale of, arts and crafts made from materials such as metal, wood, textile, glass, or stone; 14.1 “bicycle parking stall, Class I” means a bicycle space designed to provide readily accessible, secured, protected and enclosed bicycle parking for employees or residents; 14.2 “bicycle parking stall, Class II” means a bicycle space designed to provide secured and weather protected bicycle parking for visitors; 55.1 “hotel small scale” means a hotel with a maximum of ten sleeping units, with or without individual cooking facilities, where each unit is no more than 50 m 2 (538.20 sq. ft.) in floor area, and is accessed from a common internal corridor; 63.5 “live-work studio” means a unit in a multi-storey building with an artisan studio, daycare, personal service, office or professional office on the ground floor with a second floor residential dwelling unit accessed through the commercial premises; 93.1 “personal service” means the use of premises by a barber, aesthetician, manicurist, travel agent, shoe or watch repair person, tailor, dressmaker, or therapeutic, cosmetic or medical massage therapist; 104.1 “recreation facility small scale,” means the use of premises as a facility for indoor racquet courts, swimming pools, hot tubs, saunas, aerobic studios, or weight room; 120.5 “stacked townhouse” means a building containing at least three and not more than eight dwelling units attached by a party wall, where dwelling units may be stacked above one another, where each dwelling unit has direct access to the outdoors at grade and utilizes internal stairs to access the upper units, (c) adding the following to section 43: “Chemainus Artisan Village Comprehensive Development Zone (CD6)”, and This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan. Bylaw No. 3426 - Adoption Page 107 of 148 Bylaw No. 3426 - Adoption (d) adding the following after section 80.5: CHEMAINUS ARTISAN VILLAGE COMPREHENSIVE DEVELOPMENT ZONE (CD6) Permitted Uses 80.6 (1) The permitted uses for Areas 1 to 5 of the CD6 zone, as shown on Schedule “H”, attached to and forming part of this bylaw, are as follows: (a) Area 1 (i) Community Garden (ii) Limited Home-based Business (iii) Stacked Townhouse (iv) Townhouse, (b) Area 2 (i) Apartment (ii) Assisted Living (iii) Community Care Facility (iv) Community Garden (v) Congregate Housing (vi) Limited Home-based Business (vii) Personal Care Use (viii) Stacked Townhouse (ix) Townhouse (c) Area 3 (i) Apartment (ii) Artisan Studio (iii) Daycare (iv) Gallery (v) Hotel Small Scale (vi) Laundromat (vii) Limited Home-based Business (viii) Live-work Studio (ix) Mixed-use Building (x) Museum (xi) Office (above ground floor) (xii) Personal Service (xiii) Professional Office (above ground floor) (xiv) Recreational Facility Small Scale – 2 – Bylaw No. 3426 - Adoption Page 108 of 148 Bylaw No. 3426 - Adoption (xv) Restaurant (xvi) Retail Store (xvii) Stacked Townhouse (xviii) Townhouse (d) Areas 4 and 5 (i) Open Space (ii) Public Use (iii) Trails Density (2) (a) The maximum permitted density for the CD6 zone is as follows: (i) the maximum gross floor area of a laundromat is100 m 2 (1,076.39 sq. ft.) (ii) the maximum gross floor area of a museum is 200 m 2 (2,152.78 sq. ft.) (iii) the maximum gross floor area of a recreation facility small scale is 200 m 2 (2,152.78 sq. ft.) (iv) the maximum gross floor area of a retail store is 200 m 2 (2,152.78 sq. ft.) (b) The minimum and maximum density of residential dwelling units per hectare is as follows: Area 1 Area 2 Area 3 Minimum permitted 25 30 N/A density Maximum permitted 50 100 100 density (c) Despite subsection (b), the density for congregate housing, assisted living and community care facility uses in Area 2 is as follows: (i) three units each smaller than 30 m 2 (322.92 sq. ft.) Is equal to one dwelling unit, (ii) two units each larger than 30 m 2 (322.92 sq. ft) but smaller than 60 m 2 (645.83 sq. ft) is equal to one dwelling unit, and (iii) a unit larger than 60 m 2 (645.83 sq. ft) is equal to one dwelling unit. – 3 – Bylaw No. 3426 - Adoption Page 109 of 148 Bylaw No. 3426 - Adoption Parking (3) (a) Despite Section 21, the uses in the table below have the associated off-street minimum parking requirements in the CD6 zone. Use Minimum Parking Requirements Residential dwelling 0.75 parking space per dwelling unit without bedrooms, and unit, no bedrooms 1.0 designated visitor parking space per 8 dwelling units Residential dwelling 1.0 parking space per dwelling unit with one or two unit, one or two bedrooms, and bedrooms 1.0 designated visitor parking space per 10 dwelling units Residential dwelling 2.0 parking spaces per dwelling unit with three or more unit, three bedrooms bedrooms, and or more 1.0 designated visitor parking space per 15 dwelling units Assisted Living 1.0 parking space per 3 beds, and 1.0 passenger unloading stall per 40 beds or at minimum 1 per building Community Care 1.0 parking space per 4 beds and 1.0 passenger unloading Facility stall per 40 beds or at minimum 1 per building Restaurant 1.0 parking space per 20 m 2 used for customer circulation and seating Retail 1.0 parking space per 46 m 2 or at a minimum 1 space per individual store or shop (b) In addition, all required parking in the CD6 zone must meet the following: (i) the size, quantity and access to parking spaces for seniors and persons with disabilities must meet or exceed the requirement of the B.C. Building Code; (ii) no off-street parking is permitted in the front of apartment buildings in Area 2, and no off-street parking is permitted in the front any building in Area 3; (iii) visitor parking may be located in off-street parking lots, or on street in Area 1 and Area 2; (iv) visitor parking in Area 3 must be located off-street; (v) all required parking spaces must be paved, marked, numbered, curbed, illuminated, and drained to the standard established by the Municipal Engineer; (vi) all parking areas must be screened from all adjacent uses and streets by a landscaped screen not less than 1.5 m – 4 – Bylaw No. 3426 - Adoption Page 110 of 148 Bylaw No. 3426 - Adoption (4.92 ft.) wide; (vii) all required parking areas must group all parking spaces in clusters of a maximum of 8 spaces with landscaping consisting of trees and shrubs between clusters, and such landscaping must be considered as meeting a portion of the required site landscaping requirements; (viii) Sections 17 to 21 apply for all other parking requirements; (ix) where conflicts exist between parking requirements in Section 17 to 21, the requirements set out in this zone prevail. Driveways (4) (a) Driveways must be shared between residential buildings and dwelling units where possible. (b) The minimum permitted setback from a vehicle entrance of a principal or accessory building to a highway or strata road, other than a lane, is 6.0 m (19.69 ft.). Bicycle Parking Minimum Requirements (5) Minimum off-street bicycle parking stall requirements are as follows: Use Class I Class II (resident or staff) (visitor) Multi-family (where parking is 1 space per dwelling unit 1 space per 2.5 in parking lot or underground dwelling units parking) Congregate Housing, Assisted 1 space per 10 residential 1 space per 10 Living units residential units Community Care Facility 1 space per 10 beds 1 space per 20 beds Hotel small scale 1 space per 5 sleeping 1 space per 10 rooms sleeping rooms Live-Work 1 space per each live- 1 space per 3 live- work unit work units Mixed Use Building Per individual use Per individual use Retail, Personal Service, 1 space per 400 m 2 1 space per 100 m 2 Office, Professional Office, (4,305.56 sq. ft.) (1,076.39 sq. ft.) Museum, Laundromat, Artisan (minimum 1 space) Studio, Gallery Restaurants 1 space per 250 m 2 1 space per 100 m 2 (2,690.98 sq. ft.) (1,076.39 sq. ft.) (minimum 1 space) – 5 – Bylaw No. 3426 - Adoption Page 111 of 148 Bylaw No. 3426 - Adoption Use Class I Class II (resident or staff) (visitor) Recreational Facility Small 1 space per 250 m 2 1 space per 25m 2 Scale (2,690.98 sq. ft.) (269.09 sq. ft.) (minimum 1 space) Offices 1 space per 200 m 2 1 space per 100 m 2 (2,152.78 sq. ft.) (1,076.39 sq. ft.) (minimum 1 space) Regulatory Conditions (6) The regulatory conditions in the following table apply to: (a) Area 1 - Multi-Family : Description Townhouse Stacked Townhouse Minimum lot area 1,000 m 2 (10,763.91 ft.) 1,000 m 2 (10,763.91 ft.) Minimum frontage 25.0 m (82.02 ft.) 25.0 m (82.02 ft.) Maximum Lot Coverage 40% 40% Minimum Setbacks: Principal Building - yard, front (without front yard parking) 2.5 m (8.20 ft.) 2.5 m (8.20 ft.) - yard, front (with front yard parking) 6.0 m (19.69 ft.) 6.0 m (19.69 ft.) - yard, side 5.0 m (16.40 ft.) 5.0 m (16.40 ft.) - yard rear 5.0 m (16.40 ft.) 5.0 m (16.40 ft.) - yard, rail right-of-way 15.0 m (49.21 ft.) 15.0 m (49.21 ft.) Accessory Building - yard, front 6.0 m (19.69 ft.) 6.0 m (19.69 ft.) - yard, side 5.0 m (16.40 ft.) 5.0 m (16.40 ft.) - yard, rear 5.0 m (16.40 ft.) 5.0 m (16.40 ft.) - yard, rail right-of-way 5.0 m (16.40 ft.) 5.0 m (16.40 ft.) Maximum Eaveline Height 7.0 m (22.97 ft.) 8.0 m (26.25 ft.) Minimum Roof Slope 5:12 5:12 Maximum Height: Principal Building 9.0 m (29.53 ft.) 10.0 m (32.80 ft.) Accessory Building 5.0 m (16.40 ft.) 5.0 m (16.40 ft.) Maximum Storeys 2.5 storeys 3.5 storeys Minimum Building Separation 4.0 m (13.12 ft.) 4.0 m (13.12 ft.) Minimum Landscaped Open 25% 25% Space – 6 – Bylaw No. 3426 - Adoption Page 112 of 148 Bylaw No. 3426 - Adoption Description Townhouse Stacked Townhouse Minimum Outdoor Private 7.4 m 2 (79.65 sq. ft.) in Ground floor units: 7.4 m 2 Amenity Space per Dwelling area with a minimum (79.65 sq. ft.) in area with Unit horizontal dimension of 3.0 a minimum horizontal m (9.84 ft.) dimension of 3.0 m (9.84 ft.). Above grade units: 4.75 m2 in area with a minimum horizontal dimension of 2.0 m (6.56 ft.). (b) Area 2 - Multi-Family : Description Townhouse Stacked Apartments Townhouse Minimum lot area 1,000 m 2 1,000 m 2 1,000 m 2 (10,763.91 sq. ft.) (10,763.91 sq. ft.) (10,763.91 sq. ft.) Minimum frontage 25.0 m 25.0 m 25.0 m (82.02 ft.) (82.02 ft.) (82.02 ft.) Maximum Lot Coverage 50% 50% 50% Minimum Setbacks: Principal Building - yard, front (without 2.5 m (8.20 ft.) 2.5 m (8.20 ft.) 2.5 m(8.20 ft.) front yard parking) - yard, front (with front yard parking) 6.0 m (19.69 ft.) 6.0 m (19.69.ft.) - yard, side 5.0 m (16.40 ft.) 5.0 m (16.40 ft.) 5.0 m (16.40 ft.) - yard rear 5.0 m (16.40 ft.) 5.0 m (16.40 ft.) 5.0 m (16.40 ft.) - yard, rail right-of- way 15.0 m (49.21 ft.) 15.0m (49.21 ft.) 15.0 m (49.21 ft.) Accessory Building - yard, front 6.0 m (19.69 ft.) 6.0 m (19.69 ft.) 6.0 m (19.69 ft.) - yard, side 5.0 m (16.40 ft.) 5.0 m (16.40 ft.) 1.5 m (4.92 ft.) - yard, rear 5.0 m (16.40 ft.) 5.0 m (16.40 ft.) 1.5 m (4.92 ft.) - yard, rail right-of- way 5.0 m (16.40 ft.) 5.0 m (16.40 ft.) 5.0 m (16.40 ft.) Maximum Eaveline Height 7.0 m (22.97 ft.) 8.0 m (26.25 ft.) 9.0 (29.53 ft.) Minimum Roof Slope 5:12 5:12 5:12 Maximum Height: Principal Building 9.0 m (29.52 ft.) 10.0 m 32.81 ft.) 14.0 m 45.93 ft.) Accessory Building 5.0 m (16.40 ft.) 5.0 m (16.40 ft.) 5.0 m (16.40 ft.) Maximum Storeys 2.5 storeys 3.5 storeys 4.5 storeys – 7 – Bylaw No. 3426 - Adoption Page 113 of 148 Bylaw No. 3426 - Adoption Description Townhouse Stacked Apartments Townhouse Minimum Building 4.0 m (13.12 ft.) 4.0 m (13.12 ft.) 10.0 m 32.81 ft.) Separation Minimum Landscaped Open 25% 25% 25% Space Minimum Outdoor Private 7.4 m 2 (79.65 sq. Ground floor units: Ground floor Amenity Space per Dwelling ft.) in area with a 7.4 m 2 (79.65 sq. units: 7.4 m 2 Unit minimum ft.) in area with a (79.65 sq. ft.) in horizontal minimum horizontal area with a dimension of 3.0 dimension of 3.0 m minimum m (9.84 ft.) (9.84 ft.). horizontal dimension of 3.0 Above grade units: m (9.84 ft.). 4.75 m 2 51.13 sq. ft.) in area with a Above grade minimum horizontal units: 4.75 m 2 dimension of 2.0 m 51.13 sq. ft.) in (6.56 ft.) area with a minimum horizontal dimension of 2.0 m (6.56 ft.) (c) Area 3 - Multi-Family and Commercial : Description Townhouse Stacked Apartment/ Townhouse Mixed Use and/or Commercial Building Minimum lot area 1,000 m 2 1,000 m 2 1,000 m 2 (10,763.91 sq. ft.) (10,763.91 sq. ft.) (10,763.91 sq. ft.) Minimum frontage 25.0 m (82.02 ft.) 25.0 m (82.02 ft.) 25.0 m (82.02 ft.) Maximum Lot Coverage 50% 50% 50% – 8 – Bylaw No. 3426 - Adoption Page 114 of 148 Bylaw No. 3426 - Adoption Description Townhouse Stacked Apartment/ Townhouse Mixed Use and/or Commercial Building Minimum Setbacks: Principal Building - yard, front (without front yard parking) 2.5 m (8.20 ft.) 2.5 m (8.20 ft.) 2.5 m (8.20 ft.) - yard, front (with front yard parking) 6.0 m (19.69 ft.) 6.0 m (19.69 ft.) 6.0 m (19.69 ft.) - yard, side 5.0 m (16.40 ft.) 5.0 m (16.40 ft.) 5.0 m (16.40 ft.) - yard rear 5.0 m (16.40 ft.) 5.0 m (16.40 ft.) 5.0 m (16.40 ft.) - yard, rail right-of- way 15.0 m (49.21 ft.) 15.0 m (49.21 ft.) 15.0 m (49.21 ft.) Accessory Building - yard, front 6.0 m (19.69 ft.) 6.0 m (19.69 ft.) 6.0 m (19.69 ft.) - yard, side 1.5 m (4.92 ft.) 1.5 m (4.92 ft.) 1.5 m (4.92 ft.) - yard, rear 1.5 m (4.92 ft.) 1.5 m (4.92 ft.) 1.5 m (4.92 ft.) - yard, rail right-of- way 5.0 m (16.40 ft.) 5.0 m (16.40 ft.) 5.0 m (16.40 ft.) Maximum Eaveline 7.0 m (22.97 ft.) 8.0 m (26.25 ft.) 8.5 m (27.89 ft.) Height Minimum Height, 9.0 m (29.53 ft.) Principal Building Maximum Height: Principal Building 9.0 m (29.53 ft.) 10.0 m (32.81 ft.) 11.0 m (36.09 ft.) Accessory Building 5.0 m (16.40 ft.) 5.0 m (16.40 ft.) 5.0 m (16.40 ft.) Maximum Storeys 2.5 storeys 3.5 storeys 3.5 storeys Minimum Building 4.0 m (13.12 ft.) 4.0 m (13.12 ft.) 10.0 m (32.81 ft.) Separation Minimum Landscaped 25% 25% 25% Open Space – 9 – Bylaw No. 3426 - Adoption Page 115 of 148 Bylaw No. 3426 - Adoption Description Townhouse Stacked Apartment/ Townhouse Mixed Use and/or Commercial Building Minimum Outdoor 7.4 m 2 (79.65 sq. Ground floor 4.75 m 2 51.13 sq. Private Amenity Space ft.) in area with a units: 7.4 m 2 ft.) in area with a per Dwelling Unit minimum (79.65 sq. ft.) in minimum horizontal area with a horizontal dimension of 2.4 minimum dimension of 2.0 m (7.87 ft.) horizontal m (6.56 ft.). dimension of 3.0 m (9.84 ft.). Above grade units: 4.75 m 2 51.13 sq. ft.) in area with a minimum horizontal dimension of 2.0 m (6.56 ft.). Minimum Building 4.0 m (13.12 ft.) 4.0 m (13.12 ft.) 6.0 m (19.69 ft.) Separation Conditions of Use (7) (a) Area 1 The conditions of use for Area 1 are as follows: (i) the maximum permitted height of all fences is 1.2 m (3.94 ft.) with the exception that individual dwelling unit rear yard privacy fences must not exceed 1.5 m (4.92 ft.) in height. (b) Area 2 The conditions of use for Area 2 is as follows: (i) The maximum permitted height of all fences is 1.2 m (3.94 ft.) with the exception that individual dwelling unit rear yard privacy fences must not exceed 1.5 m (4.92 ft.) in height. (c) Area 3 The conditions of use for Area 3 are as follows: (i) Maximum permitted height of all fences is 1.2 m (3.92 ft.) with the exception that individual dwelling unit rear yard privacy fences must not exceed 1.5 m (4.92 ft.) in height. (ii) Commercial uses that introduce or produce malodorous, toxic or noxious matters, or generate excessive vibration, heat, glare, noise, or radiation or create hazardous – 10 – Bylaw No. 3426 - Adoption Page 116 of 148 Bylaw No. 3426 - Adoption substances are not permitted within 20 m (65.62 ft.) of a residential dwelling unit. (iii) A landscaped area, consisting of trees and shrubs and low fencing, not less than 1.5 m (4.92 ft.) wide must be provided along the entire length of a lot line that abuts a residential use (Area 2). General (8) In the event of conflict between the provisions of Part 1 to 5 of this bylaw and the provisions of this zone, the provisions of the CD6 zone prevail. 2 Schedule "A", attached to and forming part of this bylaw, forms Schedule "H" of "Zoning Bylaw 1997," No. 2950. 3 Schedule “C” of “Zoning Bylaw 1997", No. 2950. is amended by reclassifying: (1) 2950 Elm Street (Legal Description: Lot 1, Section 17, Range 5, Chemainus District, Plan 41882, PID: 001-195-930) shown as “Subject Property,” outlined in bold and dotted on Schedule “B,” attached to and forming part of this bylaw, from Rural Zone (A2) and Commercial General Zone (C2) to Chemainus Artisan Village Comprehensive Development Zone (CD6 ); and (2) 3088 Chapman Road (Legal Description: Amended Parcel B (DD 183414I) of Section 18, Range 5, Chemainus District, Except Part Marked “A” on Plan 441 BL, PID: 009-887-334) shown as “Subject Property,” outlined in bold and cross- hatched on Schedule “B,” attached to and forming part of this bylaw, from Rural Zone (A2) to Chemainus Artisan Village Comprehensive Development Zone (CD6). Bylaw readings First reading ...... May 19, 2010 Second reading ...... June 2, 2010 Public Hearing ...... June 24, 2010 Third reading, as amended ...... July 21, 2010 Adopted ...... , 2010 ______M.O. Ruttan, Director of Administration T. A. Walker, Mayor – 11 – Bylaw No. 3426 - Adoption Page 117 of 148 Bylaw No. 3426 - Adoption Schedule “A” Chemainus Artisan Village Comprehensive Development Zone Map Area 1, TOWNHOUSE Area 2, MIXED RESIDENTIAL Area 3, MIXED COMMERCIAL RESIDENTIAL Area 4, PARK Area 5, ALR BUFFER AREA 1 AREA 2 AREA 3 AREA 4 – 12 – Bylaw No. 3426 - Adoption Page 118 of 148 Bylaw No. 3426 - Adoption Schedule “B” – 13 – Bylaw No. 3426 - Adoption Page 119 of 148 Page 120 of 148 Bylaw No. 3429 - Adoption BYLAW NO. 3429 Artisan Village Housing Agreement Bylaw, 2010 WHEREAS Section 905 of the Local Government Act provides that a local government may enter into a Housing Agreement with an owner which may include terms and conditions agreed to regarding the occupancy of the Rental Housing Units identified in the Agreement; and WHEREAS the Council wishes to enter into such an Agreement with respect to certain Rental Housing Units proposed to be constructed in Chemainus; NOW THEREFORE, the council of The Corporation of the District of North Cowichan enacts as follows: 1 This bylaw authorizes the Mayor and Director of Administration to enter into an Agreement, on behalf of North Cowichan, in substantially the form attached to and made part of this bylaw, which sets out the terms and conditions of the occupancy of the Rental Housing Units identified in the Agreement, with the owner of lands legally described as: (a) 2950 Elm Street, Chemainus, BC Lot 1, Section 17, Range 5, Chemainus District, Plan 41882 PID: 001-195-930, and (b) 3088 Chapman Road, Chemainus, BC Section 18, Range 5, Chemainus District, Plan DD183414I, Parcel B, Plan DD183414I, Except Plan BL441, PID: 009-887-334. Bylaw readings First reading ...... June 16, 2010 Second reading, as amended ...... July 7, 2010 Third reading...... July 7, 2010 Adopted...... , 2010 ______M.O. Ruttan, Director of Administration T.A. Walker, Mayor This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan. Bylaw No. 3429 - Adoption Page 121 of 148 Bylaw No. 3429 - Adoption Schedule AAAA@@@ to Bylaw 3429 HOUSING AGREEMENT (Pursuant to Section 905 of the Local Government Act ) THIS AGREEMENT is dated and made effective the _____ day of _____, 2010. BETWEEN: THE CORPORATION OF THE DISTRICT OF NORTH COWICHAN 7030 Trans Canada Highway, Box 278 Duncan, B.C. V9L 3X4 (the “ District ”) AND CC INVESTMENTS LTD. or NOMINEE Box 78, Stn Main Duncan, B.C. V9L 3X1 (the “ Owner ”) WHEREAS A. Pursuant to section 905 of the Local Government Act the District may, by bylaw, enter into a Housing Agreement with the Owner pertaining to development, management and occupancy of affordable rental housing units, including but not limited to the terms and conditions referred to in section 905 (2) of the Local Government Act . B. The Owner is the registered owner in fee simple of the following lands located in the District of North Cowichan, British Columbia: (a) 2950 Elm Street, Chemainus, BC Lot 1, Section 17, Range 5, Chemainus District, Plan 41882 PID: 001-195-930, and (b) 3088 Chapman Road, Chemainus, BC Section 18, Range 5, Chemainus District, Plan DD183414I, Parcel B, Plan DD183414I, Except Plan BL441, PID: 009-887-334. (the “Lands ”); C. The Owner has made application to the District to: B 2 B Bylaw No. 3429 - Adoption Page 122 of 148 Bylaw No. 3429 - Adoption 1) amend the Official Community Plan of the District to designate the Lands for multi-family residential Dwelling Units, senior care Dwelling Units, and commercial development through Bylaw No. 3425, being the “Official Community Plan Amendment Bylaw (Chemainus Artisan Village Comprehensive Development Plan), 2010” (“ OCP Amending Bylaw ”); and 2) rezone the Lands as set out in Bylaw No. 3426, being the “Zoning Amendment Bylaw (No. 5 - Chemainus Artisan Village Comprehensive Development Zone [CD6]), 2010” (“ Rezoning Bylaw ”). D. The District and the Owner wish to enter into this Agreement as a Housing Agreement, pursuant to section 905 of the Local Government Act RSBC 1996 c. 323, to secure the intention of the Owner to provide affordable rental housing units on the Lands. NOW THIS AGREEMENT WITNESSES that pursuant to section 905 of the Local Government Act and in consideration of the premises and covenants contained in this Agreement, the parties agree with each other as follows: 1.0 DEFINITIONS 1.1 In this Agreement, the following words and terms have the following meanings: (a) “Dwelling Unit” means one or more rooms which constitute a single, self- contained living unit including sanitary facilities, sleeping facilities and one kitchen, and which is used as the residence of only one family; (b) “Rental Housing Unit” means those Dwelling Units described in clauses 2.1 to 2.5 of this Agreement which are made available as affordable rental units; (c) “Project” means development of the Lands as set out herein and referred to in the OCP Amending Bylaw and Rezoning Bylaw. 2.0 RENTAL HOUSING UNITS 2.1 Quantity of Rental Housing Units (a) The quantity of Rental Housing Units created by this Agreement is to be calculated as follows: i. one Rental Housing Unit for every ten Dwelling Units (townhouses and stacked townhouses) constructed on the Lands located in Area 1, as shown in Appendix “A” attached to this Agreement; and ii. one Rental Housing Unit for every ten Dwelling Units (apartments, townhouses and stacked townhouses) that are not developed as assisted living accommodation, community care facilities, or congregate housing located in Area 2, as shown in Appendix “A”. (b) In Area 1 the following must apply: B 3 B Bylaw No. 3429 - Adoption Page 123 of 148 Bylaw No. 3429 - Adoption i. no more than 50% of Rental Housing Units will be one bedroom units; ii. no less than 25% of Rental Housing Units will be two bedroom units; iii. the balance of Rental Housing Units will be units of three bedrooms or more. (c) In Area 2 the following must apply: i. no more than 60% of Rental Housing Units will be one bedroom units; ii. no less than 25% of the Rental Housing Units will be two bedroom units. 2.2 Ownership and Tenure of Rental Housing Units (a) Rental Housing Units are to be residential strata lots that belong to a strata corporation pursuant to the Strata Property Act , SBC 1998 c.43. The Owners of the Rental Housing Units must engage the services of a non-profit housing society (the “Society”) to manage the Rental Housing Units; (b) Rental Housing Units are not to be occupied by owners of any properties within the Project, but only by renters who at the commencement of their tenancy confirm in writing with the Society that they have personal and real property assets worth no more than $55,000 in Canadian funds, adjusted in relation to the Consumer Price Index year over year; (c) Renters of Rental Housing Units are to consist of families, seniors, or single adult persons who at the commencement of their tenancy confirm with the Society, through copies of annual income tax returns filed with the Canada Revenue Agency or otherwise to the satisfaction of the Society, that they earn at, or less than, the average annual income respectively for families, seniors or single adult persons as determined by Census Canada or similar government body; (d) the District must be advised by owners of Rental Housing Units of any change in ownership or management of the said units. 2.3 Rental Rates and Rental Housing Units (a) The rent to be charged each year for each Rental Housing Unit must amount to no more than 30% of the net taxable income for all renters of each Rental Housing Unit for the preceding calendar year, as disclosed to the Society by renters through copies of their personal income tax returns filed with the Canada Revenue Agency, or as otherwise confirmed in writing to the satisfaction of the Society; (b) Minimum rents for one bedroom, two bedroom, or three bedroom Rental Housing Units shall be established by the Owners, in consultation with the Society. (c) The amount of rent for each Rental Housing Unit may or may not include the cost B 4 B Bylaw No. 3429 - Adoption Page 124 of 148 Bylaw No. 3429 - Adoption of heat, hydro, telephone, cable or housekeeping, some or all of which may be provided by the owner of the said unit, and added to the cost of rent at rates comparable to those charged in the District; (d) Rental rates for Rental Housing Units must be posted for public viewing in the Society offices; (e) Rent increases for Rental Housing Units must be governed by provisions of this Agreement, including clause 2.3 (a) herein, and any residential tenancy legislation in effect at the time of any increase; (f) The Society must apply for rent supplements which may become available through public or private sources and for which Rental Housing Units may be eligible, and whenever possible, the Society must identify Rental Housing Units as beneficiaries of such supplements. 2.4 Administration and Maintenance of Rental Housing Units (a) Tenancy requirements may be imposed on renters of Rental Housing Units that are in addition to but do not conflict with provisions of this Agreement and that do not violate provisions of any residential tenancy legislation then in effect; (b) Subject to this Agreement and to any residential tenancy legislation in effect, the owners of Rental Housing Units are to maintain the units in a proper state of repair, and renters are to maintain the units in a clean and tidy condition; (c) The strata corporation of which the Rental Housing Units form part is to maintain the exterior of the said units and the landscaping, driveways, amenities and all common areas of the said units to the same standard as the entire strata area. 2.5 Construction of Rental Housing Units (a) The exterior form and character of Rental Housing Units must match the form and character of other Dwelling Units within the Project. (b) Individual Rental Housing Units are to be identified either on a proposed site plan as part of each development permit application, or at the time of any subdivision of Area 1 or Area 2. (c) For Area 1: i. Before 50% of permitted Dwelling Units are occupied in Area 1, the Owner must build or cause to be built and have ready for occupancy the first 50% of Rental Housing Units described in clause 2.1; ii. Before the final 25% of permitted Dwelling Units are occupied in Area 1, the Owner must build or cause to be built and have ready for occupancy the remaining 50% of Rental Housing Units, as described in clause 2.1. B 5 B Bylaw No. 3429 - Adoption Page 125 of 148 Bylaw No. 3429 - Adoption (d) For Area 2: i. Before 50% of permitted Dwelling Units are occupied in Area 2, the Owner must build or cause to be built and have ready for occupancy the first 50% of Rental Housing Units, as described in clause per 2.1; ii. Before the final 25% of the permitted Dwelling Units are occupied in Area 2, the Owner must build or cause to be built and have ready for occupancy the remaining 50% of Rental Housing Units, as described in clause 2.1. 3.0 FURTHER PROJECT PROVISIONS 3.1 Strata corporation bylaws that pertain to Rental Housing Units are not to be adopted or subject to amendment which conflict with provisions of this Agreement, and in particular which restrict availability of Rental Housing Units under this Agreement, unless the Agreement is amended to provide for this in accordance with section 905(4) of the Local Government Act , 3.2 It is within the sole discretion of the District to consent or not consent to proposed amendments or modifications to this Agreement, and consent may be withheld without providing reasons. 4.0 REMEDY FOR BREACH 4.1 Notwithstanding any other remedy that may be available in law or in equity, if the District believes anyone bound by this Agreement is in breach of any term thereof, the District may serve that person with written notice setting out particulars of the breach, and: (a) the said person must within a reasonable time period specified by the notice, remedy the breach or make arrangements satisfactory by the District to remedy the breach; and (b) if the breach is not remedied as set out in clause 4.1(a) herein, the District is entitled to enter the Lands and remedy the breach at the expense of the person in breach, such expense to include, but not be limited to, all costs incurred by the District for labour, materials, and administration in remedying the breach. 4.2 Notwithstanding clause 4.1 herein, in the event rent is collected for any Rental Housing Unit in excess of that provided for in this Agreement, the excess rent will constitute a debt due and owing in respect of the said rental unit. Upon receipt of written notice from the District, any excess rent must be paid within thirty (30) days to the District, which said amount must be held in trust by the District for the benefit of that person who paid the excess rent. 5.0 NOTICE OF REGISTRATION 5.1 Notice of this Agreement will be registered on title to the Lands at the cost of the Owner, in accordance with section 905 of the Local Government Act , and this Agreement is B 6 B Bylaw No. 3429 - Adoption Page 126 of 148 Bylaw No. 3429 - Adoption binding on the parties to this Agreement, and on all persons who acquire an interest in the Lands after registration of the said notice. 6.0 GENERAL PROVISIONS 6.1 Notice If sent as follows, notice under this Agreement is considered to be received (a) 72 hours after the time of its mailing (by registered mail) or faxing, and (b) on the date of delivery if hand-delivered, To the District: P. O. Box 278, Duncan, B. C. V9L 3X4 To the Owner: P. O. Box 78, Stn Main, Duncan, B. C. V9L 3X1 If a party or person bound by this Agreement identifies alternate contact information in writing to another party, notice is to be given to that alternate address. If normal mail service of facsimile service is interrupted by strike, work slowdown, force majeure, or other cause, (a) notice sent by the impaired service is considered to be received on the date of delivery, and (b) the sending party must use reasonable efforts to ensure prompt receipt of notice by using other uninterrupted services, or by hand-delivering the notice. 6.2 Dispute Resolution (a) If a breach of this Agreement occurs or is threatened, or if there is any disagreement as to the meaning or interpretation of this Agreement, the Owner or the District or a person bound by this Agreement may give notice in writing to the other(s) requiring a meeting within 10 business days following receipt of the said notice; (b) Their must be an attempt to resolve any matter or disagreement, acting reasonably and in good faith, within15 business days of receipt of the said notice; (c) If there is no resolution of the matter or disagreement within the time set out in clause 6.2 (b) herein, then a mutually acceptable person may be appointed to mediate the matter or disagreement, and all involved must act reasonably and in good faith and cooperate with the mediator and with each other to attempt to resolve the matter or disagreement within 20 business days after the mediator is appointed; (d) The process of dispute resolution herein does not affect the right of anyone to pursue other remedies, legal or equitable, which may be available to them, B 7 B Bylaw No. 3429 - Adoption Page 127 of 148 Bylaw No. 3429 - Adoption including enforcement remedies herein, or to apply to a court of competent jurisdiction for relief respecting a breach or threatened breach of this Agreement. 6.3 Indemnity The Owner and all those who are bound by this Agreement must indemnify and save harmless at all times the District, its officers, employees, contractors and agents against any proceeding, claim or demand which may be made by any person pursuant to a breach of this Agreement, or in relation to the obligations required to be performed under this Agreement, unless caused by the negligence or willful misconduct of the District or any of its officers, agents or employees. This indemnity applies to any act or omission occurring while the Owner is Owner of the lands, notwithstanding that the Owner may have ceased to be an Owner of the Lands. 6.4 Time Time is to be the essence of this Agreement 6.5 Binding Effect This Agreement will enure to the benefit of and be binding upon the parties hereto and upon those otherwise bound by this Agreement as well as their respective heirs, administrators, executors, successors, and permitted assigns. In accordance with section 905 of the Local Government Act, and except as otherwise provided herein, this Agreement is binding upon the Owner and anyone who acquires an interest in the Lands for the period of their ownership or interest therein, and in relation to that portion of the Lands to which the ownership or interest applies. 6.6 Waiver A waiver of a failure to perform in accordance with any term or condition of this Agreement is not be construed as a waiver of any future or continuing failure, whether similar or dissimilar. 6.7 Headings The headings in this Agreement are inserted for convenience and reference only and in no way define, limit or enlarge the scope or meaning of this Agreement or any provision thereof. 6.8 Language Wherever the singular, masculine and neuter are used throughout this Agreement, the same is to be construed as meaning the plural or the feminine or the body corporate or politic as the context so requires. B 8 B Bylaw No. 3429 - Adoption Page 128 of 148 Bylaw No. 3429 - Adoption 6.9 Cumulative Remedies No remedy under this Agreement is to be deemed exclusive but will, where possible, be cumulative with all other remedies at law or in equity. 6.10 Entire Agreement This Agreement when executed will set forth the entire Agreement with respect to Rental Housing Units. 6.11 Further Assurances Each of the parties and those bound by this Agreement will do, execute, and deliver, or cause to be done, executed, and delivered all such further acts, documents and things as may be reasonably required from time to time to give effect to this Agreement. 6.12 Amendment This Agreement may be amended from time to time subject to provisions of section 905(4) of the Local Government Act . 6.13 Law Applicable This Agreement is to be construed in accordance with and governed by the laws applicable in the Province of British Columbia. IN WITNESS WHEREOF the parties hereto have set their hands and seals as of the day and year first above written: THE CORPORATION OF THE DISTRICT ) NORTH COWICHAN ) by its authorized signatories: ) ) ) Tom Walker, Mayor ) ) ) Mark Ruttan, Director of Administration ) CC INVESTMENTS LTD. or NOMINEE ) by its authorized signatories: ) ) ) Authorized Signatory ) ) ) Authorized Signatory ) B 9 B Bylaw No. 3429 - Adoption Page 129 of 148 Bylaw No. 3429 - Adoption Appendix “A” Chemainus Artisan Village Comprehensive Development Zone Map Area 1, TOWNHOUSE Area 2, MIXED RESIDENTIAL Area 3, MIXED COMMERCIAL RESIDENTIAL Area 4, PARK Area 5, ALR BUFFER AREA 1 AREA 2 AREA 3 AREA 4 B 10 B Bylaw No. 3429 - Adoption Page 130 of 148 Bylaw No. 3427 - Adoption BYLAW NO. 3427 Zoning Amendment Bylaw (No. 6 - Cassino Road), 2010 The council of The Corporation of the District of North Cowichan enacts as follows: 1 Schedule “C” of “Zoning Bylaw 1997”, No. 2950, is amended by re-classifying Lot 2 on Cassino Road (legally described as: Lot 2, Section 19, Range 4, Quamichan District, Plan 5343, Folio 1040-000), shown as “Subject Property” and outlined in bold on Schedule “A”, attached to and forming part of this bylaw, from Residential One and Two-Family Zone (R3) to Comprehensive Development Zone - Mixed Family Zone (CD4). Bylaw readings First reading ...... May 19, 2010 Second reading ...... May 19, 2010 Public hearing ...... June 16, 2010 Third reading ...... July 21, 2010 Adopted ...... , 2010 ______M.O. Ruttan, Director of Administration T. A. Walker, Mayor This bylaw is printed by authority of the council of The Corporation of the District of North Cowichan. Bylaw No. 3427 - Adoption Page 131 of 148 Bylaw No. 3427 - Adoption Schedule “A” – 2 – Bylaw No. 3427 - Adoption Page 132 of 148 Stonehill Comprehensive Development Plan - 1698 Maple Bay Rd MUNICIPALITY of /VO/T/7 Report cowichan Date July 29 2010 File: File number 3360 20 09.10 To Committee of the Whole From Brigid Reynolds, Planner (v$-- Endorsed by Subject Comprehensive Development Plan and Comprehensive Development Zone - Stonehill, 1698 Maple Bay Road Purpose To provide further direction regarding the Stonehill OCP and Zoning Bylaw amendments and adoption process. Background Staff and the developer gave a brief presentation at the May 18, 2010 Technical Planning Committee meeting of the proposed development. A copy of that report is attached for the Committee's information as Appendix No. 1. Refer to this report for subject property location. The TPC passed the following recommendation: that the Committee direct staff to continue working with the developer to resolve outstanding issues such as small lot coach houses, 6.0 metre wide lanes and affordable housing management structure and to report back to the Committee of the Whole on this proposal; and further, that staff be directed to draft a Comprehensive Development Plan and Comprehensive Development Zone bylaw. The developer and staff have continue to work on the various issues. The small lot coach houses and lanes have been removed from the proposal. The developer has increased the amenity contribution for the affordable housing trust fund to $500 per lot from $200. The housing management structure requires more work by staff and there are implications for other applications. A separate report on this issue will be provided to Council for its consideration. As this is an OCP amendment and the OCP review is underway, prior to advancing the bylaws for Council's consideration staff and the developer want to confirm the process. This report provides updates of this application in the context of the current and draft revised OCP. Discussion Official Community Plan The OCP (p. 51) states that the "Maple Bay Urban Expansion area (UEA) will be included as part of the growth centre through a comprehensive review and amendment. Such review shall determine the amount of development that is possible to accommodate without the completion of Donnay Drive, upgrading Tzouhalem and Trunk Roads, and alternate access to the Trans Canada Highway." There are additional policies regarding phasing developments to accommodate growth in concert with road network improvements and that DCC's for roads will be allocated for improvements along the Maple Bay corridor. bmr_23July_l O_rpt to Cow_Stonehill.doc 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.ca Stonehill Comprehensive Development Plan - 1698 Maple Page 133 of 148 Bay Rd Stonehill Comprehensive Development Plan - 1698 Maple Bay Rd Page 2 This policy relates to including the whole of the Urban Expansion area into the growth centre and this development proposal includes only a portion (i.e. 53 ha). Donnay Drive has now been constructed from Tzouhalem Road through property owned by the Sister's of Saint Ann's to the Eagle Ridge subdivision and this development would see Donnay Drive be constructed through the subject property to the north east boundary of the property. The continuation of Donnay Drive north to Kingsview Drive will not occur until such time that those property owners decide to undertake any development. Upgrading Tzouhalem and Trunk Roads is the responsibility of the Ministry of Transportation and Infrastructure together with Cowichan Tribes and the City of Duncan. While the District may have some involvement with these improvements should they proceed it has is the least influence as to whether or not they occur. The development of an alternate route to the Trans Canada Highway was assessed in 2005 by Urban Systems and the report concluded that there were significant associated costs and impacts making this unfeasible. The DCC projects in the Maple Bay area have been completed. The developer is requesting that the Donnay Drive connection through the subject property be included as a DCC project. This request together with other DCC related bylaw amendments and proposed projects will be presented for Council's consideration in the fall. The OCP (p. 109) also states that "(U)ndeveloped land in growth centres of 4 ha (10 ac) or larger will require a Comprehensive Development Plan prior to development approval." The draft CDP outlines the principles and objectives that will guide the development and cover areas including planning, riparian and environmentally sensitive areas, affordable housing, parks and open space, infrastructure, design guidelines, phasing of park dedication, affordable housing contributions, Donnay Road construction, and the requirement to complete a detailed stormwater management plan and environmental assessment plan. As the Committee is aware the OCP is currently under review including policies regarding growth management. This application was accepted recognizing that the review is underway and at that time staff anticipated that the review would likely be completed before the application got to this point. The applicant has been willing to take the associated risks with this making the application at this time. The draft OCP recognizes smart growth principles and includes policy regarding redesignating UEA lands as growth centre: • any development will be discouraged if it imposes additional capital, operations or maintenance costs on the District; • the design and layout should anticipate future development to more urban densities; • zoning to urban densities may be permitted in expansion areas where there is significant public benefit (e.g. infrastructure improvements, amenity contributions) and that future development options are not negatively compromised. The proposed development incorporates some but not all principles of smart growth. The community is intended to be internally walkable but it contains no commercial uses and therefore will be a car dependent community. The development is also located in the middle of the UEA not directly adjacent to the growth centre. In the future, with the continuation of Donnay Drive and the development of the commercial land on Kingsview Drive there will be closer alternatives for local area residents. 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca Stonehill Comprehensive Development Plan - 1698 Maple Page 134 of 148 Bay Rd Stonehill Comprehensive Development Plan - 1698 Maple Bay Rd Page 3 The proposed development would consistent of a mix of single family residences on small and large lots, some with secondary suites, townhouses, and duplex lots to establish a total of 300 principal dwelling units. Under the existing zones approximately 125 dwelling units would be permitted. The proposed density is low. The density over the whole property is very low 5.7/ha (2.3/ac) and over the developable portion (approximately 27 ha [66 ac]) the density averages 11 dwelling units/ha (4.5 units/ac). By comparison the density for small urban lots (R3S) is 30 units/ha and for townhouse (R6) zone is 25 units/ha. This development is therefore proposing a lower density than what might be anticipated in the draft revised OCP. There is existing sewer and water infrastructure along the Maple Bay corridor to which the development could connect. Capacity issues will be considered as part of the modeling exercise the developer has agreed to commission. This development will also see the continuation of the Donnay Drive connector which will be used by residents of this development thereby not increasing the load on Maple Bay Road. Public Consultation Issues The developer held an open house November 2009 to present the proposal to the public at which approximately 74 residents attended. At that time not all the details of the proposal had been worked out. Of those who submitted comment sheets it was almost evenly split with regard to the proposed land use layout, a small majority did not like the proposed density, and a large majority liked the proposed amount of open space. The following specific issues were identified by the meeting attendees who submitted comments to the developer: • The location of the Donnay Drive connector and impact to residents in the neighbouring subdivision and Cowichan Tribes Increased traffic and only one primary route Concern for water and sewer servicing Concern for the proposed density Protect the pond and other environmental features Likes the amount of parkland/open space More tax revenue The summary of responses and comments are attached in Appendix No. 2 for information. Some of these issues have been addressed or responded to through the developer's supporting background studies and through consultation with District staff. Roads The Donnay Drive route has been established by the District and is shown in the OCP and the developer is incorporating this route as required. The District through different transportation studies anticipate that there is adequate road capacity but has not required the developer to undertake a traffic study. Council could require such a study be completed. Emergency access is proposed to established to Maple Bay Road over the existing access to the subject property. Sewer/Water The developer has agreed to pay for a sewer model and water model analysis to determine the impacts of the proposed development at Stone Hill. However, the developer does not want to proceed with this exercise until there was more comfort that the application would be positively received. Should Council agree to the process as recommended below the developer has indicated he is willing to commission this study. 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca Stonehill Comprehensive Development Plan - 1698 Maple Page 135 of 148 Bay Rd Stonehill Comprehensive Development Plan - 1698 Maple Bay Rd Page 4 Public Consultation Process The developer held a public open house in November as discussed above. Being an OCP amendment there is a statutory requirement to undertake additional public consultation and this open house satisfies this requirement. At the time of application it was anticipated that the OCP review would be further along and this application would be considered in the context of the revised OCP. This is not the case and due to timing and financial commitments the developer would like the bylaws to be considered by Council and if favourable granted 1st and 2nd reading and proceed to public hearing. The developer has agreed that the application not proceed to adoption until after the revised OCP is adopted. Because this application will be proceeding in advance of the completion of the OCP review staff recommend the applicant undertake another public open house. Holding a second open house at this time provides the residents with more information than what was available in November residents should be aware of the scale of the development. This approach is consistent with the application for the Artisan Village development in Chemainus. As was the case with the Artisan Village application staff would be present at the public hearing to record comments and provide a summary to Council prior to the public hearing. The developer has requested that Engineering staff be present to respond to questions related to the construction of Donnay Drive. The applicant would be required to advertise the location and time of the meeting in a local newspaper and the District would post the information on the District's website. In addition, following first reading of the OCP amendment, staff will provide copies of the proposed OCP amendment and associated zoning bylaws to Cowichan Tribes, Properties Ratepayers, Maple Bay Ratepayers, Duncan Chamber of Commerce, Vancouver Island Health Authority, School District 79 Cowichan Valley, Ministry of the Environment, Department of Fisheries and Oceans, and BC Transit with a request to provide feedback prior to the public hearing. Bylaws Staff continue to work on the Comprehensive Development Zone, Comprehensive Development Plan, and the Housing Agreement Bylaws. As this is an OCP amendment and the OCP review is underway, prior to advancing the bylaws for Council's consideration staff and the applicant want to confirm the process. Section 882 (3) of the Local Government Act requires that Council consider the Comprehensive Development Plan in conjunction with (i) its financial plan, and (ii) any waste management plan that is applicable in the District. Staff will provide these details should the application proceed to the bylaw stage. Options 1. Proceed to grant 1st and 2nd reading of the bylaws, require the developer to hold another open house, schedule a public hearing and proceed with adoption of the related bylaws. 2. Proceed to grant 1st and 2nd reading of the bylaws, require the developer to hold another open house, hold a public hearing and proceed with adoption once the OCP has been adopted. 3. Require further studies. 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowlchan.bc.ca Stonehill Comprehensive Development Plan - 1698 Maple Page 136 of 148 Bay Rd Stonehill Comprehensive Development Plan - 1698 Maple Bay Rd Page 5 4. Wait until the OCP has been adopted before considering any of the proposed bylaws. Implications Staff recommend option two. The applicant has undertaken a significant amount of work for this application and would like to proceed to a public hearing to receive a greater level of comfort of the acceptance of the development proposal. The OCP has taken longer and the applicant is unlikely to be able to wait until it's completed before beginning the bylaw adoption process. The subject property is located in the UEA and there is supporting policy to include it within the growth centre. While there are some limitations to the development there are also significant public benefit including the range of housing types, 43% park/open space, extensive public trail networks, affordable housing units (ownership), contribution to an affordable housing fund ($150,000), and building the Donnay Drive connection. Recommendation 1. Direct staff to continue working on the Comprehensive Development Zone, Comprehensive Development Plan, and Housing Agreement bylaws in anticipation of being considered for 1st and 2nd reading. 2. Require the developer to hold an open house prior to a public hearing. 3. Require the developer to commission the sewer and water modeling study prior to consideration of 1st and 2nd reading. 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowjchan.bc.ca Stonehill Comprehensive Development Plan - 1698 Maple Page 137 of 148 Bay Rd Stonehill Comprehensive Development Plan - 1698 Maple Bay Rd APPENDIX NO 1 MUNICIPALITY of Report cowichan Date Mav17 2010 Folio: File number: 9328.000 3360 20 09.10 To Technical Planning Committee From Brigid Reynolds, Planner Endorsed by Subject Comprehensive Development Plan and Comprehensive Development Zone - Stonehill, 1698 Maple Bay Road Purpose To introduce the proposed OCP and Zoning Amendment to establish a CD Plan and CD Zone for the Stone property and to receive feed back on process and some unresolved issues. Background The subject property is located east of Maple Bay Road with Providence Farms to the south, Tzouhalem Environmental Reserve to the east, Coronation Hill single family residential subdivision to the west and larger rural acreages to the north. See Schedule No. 1 for the subject property location. The property has been a large rural acreage that contains a sawmill, horse paddocks, a couple of residences, extensive trails and roads, accessory buildings, streams and ponds, and lots of mature vegetation which include Garry Oak and other sensitive ecosystems. The developer has undertaken various back ground studies in support of the application which include: • Environmental Assessment (original), Madrone Environmental Services, Jan 10, 2006 • Wildland Urban Interface Fire Hazard Assessment, Strathcona Forestry Consulting, Nov 2009 • Riparian Area Assessment Report, Madrone Environmental Services, Dec 9, 2009 • Riparian Area Hazard Tree Assessment, Strathcona Forestry Consulting, Dec 2009 • Geotechnical Review, Levelton Consultants Ltd., Dec 9, 2009 • Ecological Assessment (update), Madrone Environmental, Services Jan 12, 2010 • Archeological Impact Assessment, Madrone Environmental Services, Feb 11, 2010 Staff have been working with the developer to complete a Comprehensive Development Plan and CD Zone however some work remains to be done. The developer has agreed to enter into a development agreement that would be registered on title. Both the CDP and the development agreement identify the various commitments that the developer has agreed to. Discussion Official Community Plan The subject property is located within the designated 'Urban Expansion Area1 pursuant to the Official Community Plan. OCP policies state that the Maple Bay Expansion Area will be included in the growth centre through a comprehensive plan review and amendment. As the District is still in the process of reviewing the OCP the developer is hopeful that the application would go to public hearing and receive 3rd reading and would receive final approval with the adoption of the OCP review subject to Council approval. The developer is hoping to move forward with this application as they have an option on the property which will expire this summer. bmrj 3May_1 OJTPC report_Stonehill1 .doc 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca Stonehill Comprehensive Development Plan - 1698 Maple Page 138 of 148 Bay Rd Stonehill Comprehensive Development Plan - 1698 Maple Bay Rd Page 2 The OCP (p. 109) also states that a development over 4 ha (10 ac) in size requires a comprehensive development plan to be created and adopted as part of the OCP. The draft CDP outlines the principles and objectives that will guide the development and cover areas including planning, riparian and environmentally sensitive areas, affordable housing, parks and open space, infrastructure, and design guidelines. The draft development agreement provides greater detail regarding the phasing of park dedication, affordable housing contributions, Donnay Road construction, and the requirement to complete a detailed stormwater management plan and environmental assessment plan. Portions of the development will be subject to development permit requirements for protection of the natural environment, and form and character of multi-family units. Land Use The proposed development would consistent of a mix of single family residences on small and large lots, single family residences with coach houses on small lots, townhouses, and duplex lots to establish a total of 300 principal residences and additional accessory dwelling units, i.e. coach houses and secondary suites. See Table No. 1 for the proposed uses and densities. See Schedule No. 2 for the proposed site plan. Many of the proposed zones are generally consistent with existing zones in the DNC Zoning Bylaw. Table No. 1: Proposed Use and Density Area1 Use Density Area A large single family dwelling (SFD) lots 850 m2 Area B small SFD lots with or w/o coach 300 m2 without coach house house 400 m2 with coach house Area C mix of townhouses and SFD 1 townhouse/400m2 550 m2 SFD with suite Area D mix of med size SFD and duplex lots 550m2 SFD with suite 800m2 duplex Area E larger townhouses 1 townhouse/500m2 Area F Mix of larger townhouses and med size 1 townhouse/500m2 SFD lots 550m2 SFD with suite Area 1 Parkland adjacent to Providence Farms Area 2 Parkland adjacent to Tzouhalem nature reserve Area 3 Active park The small lot coach house of 400 m2 is a new standard proposed for the District and is approximately 125 m2 smaller than the District's current coach house zone (with no lanes) or 100m2 smaller than DNC's coach house zone (with lane). This proposed standard together with reduced front yard setback of 2 m are of a concern to staff. The developer has requested the opportunity to present this proposal to TPC and Council to receive some feedback, however staff are generally not in support. 1 Refer to Schedule No. 3 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca Stonehill Comprehensive Development Plan - 1698 Maple Page 139 of 148 Bay Rd Stonehill Comprehensive Development Plan - 1698 Maple Bay Rd Page 3 As an amenity contribution the developer has agreed to develop 1 in 10 affordable home ownership units in Area B. In addition, the developer has agreed to provide cash in lieu for a housing trust fund in the amount of $250 for each principle residence. These amenities will be secured with a housing agreement. This amenity is new to the District and the management structure for the '1 in 10' units requires further investigation. The affordable housing proposal is similar to the model found in Langford. Infrastructure Donnay Drive will be the main collector road and access for Stonehill and it will be constructed in phases by the developer. Other road standards will generally be consistent with municipal standards for a 15 m right of way with 9 m wide paved roads. The developer is also proposing 6.0 m wide lanes for the coach house lots in area B. Public Works has expressed concern about servicing these lanes as well as establishing precedents for other areas in the District. The developer has requested an opportunity to present this proposal to TPC and Council to receive some feedback, however staff are generally not in support. The development is anticipated to be serviced by municipal sanitary sewer and water systems. It will be necessary for the developer to request inclusion into the local sewer service area. Both water and sewer service properties along Maple Bay Road and at the Properties. A comprehensive stormwater management plan is required to be completed prior to any development taking place. Parks and Open Space Almost half of the overall site is proposed to be dedicated as parks and trails. Some of the parkland may be dedicated to the municipality or another agency such as BC Parks. There is an existing trail network through the site which will incorporated into the development. Additional trails and pathways or sidewalks will be developed to establish connections between and through each phase of the development to create a comprehensive network for residents of the Stonehill development and the District. Prior to any development a more detailed Parks, Trails and Open Space Plan will be developed. This will guide the future detailed work that will be required as part of each phase of the development. Environmental Management In addition to the two reports provided in support of this application, more detailed environmental assessments will be completed prior to any development to guide how it will proceed. Options 1. To direct staff to continue working with the developer to resolve outstanding issues, i.e. small lot coach house zone, 6.0 m wide lanes, (in consultation with Public Works), and affordable housing management structure. 2. To direct staff to draft a Comprehensive Development Plan and CD Zone bylaw for 1st and 2nd reading. 3. To direct staff to discontinue the application review process until the OCP review is completed. 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca Stonehill Comprehensive Development Plan - 1698 Maple Page 140 of 148 Bay Rd Stonehill Comprehensive Development Plan - 1698 Maple Bay Rd Page 4 Implications The subject property is designated as being within the 'Urban Expansion Area' and requires an OCP amendment. Permitting staff to continue working with the developer to develop the CD Plan and CD Zone and agreeing to the process gives the developer greater certainty to continue The proposed development is expected to take more than 10 years to complete and will potentially add more than 300 principal and accessory dwelling units to the District. The developer will be responsible for constructing over 1 km of Donnay Drive. The amount of park dedication is over 20 ha and includes an extensive network of trails through the whole site. The developer has agreed to provide some affordable homes ownership housing units and cash in lieu for a housing trust fund. This model is new for the District and requires further investigation as to how it might be implemented. As discussed there are a few issues that need to be resolved. Staff will work with the developer on these issues and would bring the draft Comprehensive Development Plan and CD Zone back to TPC to move the process forward, if acceptable. In addition, the draft development agreement and CD Zone still requires a detailed legal review. Recommendation 1. To provide staff with direction regarding the overall development proposal and specifically regarding the proposed small lot coach house zone of 400 m2 sized lots with 2 m front yard setbacks and 6.0 m wide lanes; and 2. To confirm the process for the OCP and zoning amendment. 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca Stonehill Comprehensive Development Plan - 1698 Maple Page 141 of 148 Bay Rd Stonehill Comprehensive Development Plan - 1698 Maple Bay Rd Page5 ScheduleNo.1 SubjectProperty n o A4 WindcrcstHomes contextplan districtofnorthcowfchan Dr-wir^dtt-0121 ID 7030TransCanadaHighway,Box278,Duncan,BC V9L 3X4 Ph250-746-3100Fax250-746-3133www.northcowichan.bc.ca Stonehill Comprehensive Development Plan - 1698 Maple Page 142 of 148 Bay Rd Stonehill ComprehensiveDevelopmentPlan Bay Rd Stonehill Comprehensive Development Plan a -j o o o Q> Q. ■n Q> Q) X X (A o O Q> ^^ *< - - CT> 1698MapleBayRd 1698 Maple CO CD O X M 00 1 CD ° 0) CD Stonehill Project^ ^ 1 iptc Bay, BC Windcrcst Developments 8 *• Community Concept Plan Page 143 of148 00 o M "0 0) CD Stonehill Comprehensive Development Plan - 1698 Maple Bay Rd Page 7 Schedule No. 3 STONEHILL COMPREHENSIVE DEVELOPMENT ZONE (CD ) 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca Stonehill Comprehensive Development Plan - 1698 Maple Page 144 of 148 Bay Rd Stonehill Comprehensive Development Plan - 1698 Maple Bay Rd APPENDIX NO 2 27 questionnaires returned during Open House 10.21.09 Comment Sheet g Application for Stonehill Property The 131 acre proposed development includes approximately 250 single family, cluster and townhome units. The plan includes the preservation of over 40% of the land in open space. A portion of the open space, includ ing the heritage mill site, is proposed to be gifted to Providence Farm. At this preliminary stage of planning, we would like the public's feedback. Do you support the proposed configuration of land uses? No Answer |TJ (48.%) [T| (44%) [CT 2 (7%) Don't know/no opinion Do you support the proposed density? 0(37%) [[1(44%) \Tk(3L7%l , 4(15%) LiJ yes ha^r no L™lvt)ont know/no opinion Do you support 40% of the site being maintained for open space? 13(52%) |JJ( i 1 %) \T\3J%,).... 9 (33%) sJvyes LJV no y w Don t know/no opinion } We appreciate all comments and suggestions. If you have any thoughts you'd like the planning and design team to hear, please comment below and return to us. Optional Name Address Telephone For more information please contact: Email Richard Irwin, Windcrest Homes Ltd. tel (250) 391-9947 fax (250) 391-9938 P.O. Box 47056, 750 Goldstream Ave., Thank you for attending! Victoria, B.C., V9B 5T2 [email protected] Stonehill Comprehensive Development Plan - 1698 Maple Page 145 of 148 Bay Rd Stonehill Comprehensive Development Plan - 1698 Maple Bay Rd Comments: • What will be done with the DCCs generated by this development? Has Tries been consulted regarding traffic access/increase? What is the conclusion of traffic study? What about water supply? School?? Green space (bush) does not qualify as Park, which should be conditional on this development. • Development is going to happen sooner or later. My only concern is traffic and the noise factor. The density on this side of Dun can is getting a bit high. • My only conern is the proximity of the road and the increase of traffic with the noise etc. that brings. • My only concern is the proposed route of Donnay Dr. We would hope to have a green space behind all the homes presently on Whitnery PI. Perhaps a trail allowance. I think you would have a lot less resistance from the neighbourhood if the road did not rn right behind all those homes presently there. • The road should miss the pond. I am concerned about the steep hillsides because the rocks in this area do not seem very solid. • Do not want road to go on north side of pond. Weill effect all homes on Whitney. Put road on south side of pond. • I am not pleased that we could have condos looking down onto my property. I purchased this property several years ago with the neighbors behind me and will not be a happy camper if this changes. • Having 1 road access does not seem practical - as well as how the road would go through (ie would there be any way to move road to impact fewer properties.) Water is another concern along with emergency access/water pressure. Definitely do not want to lose the pond, tree and green space around it. •I believe that Donnay should be built with a buffer for the houses on Whitney Pic. • The pond is very important environmentally. It should not be messed with. Also, the trees keep the hillsides from sliding. I am concerned about the displacement of reg leg frogs and tree frogs. I would like to see the road aside the pond. •I really think that the roadway in from Donnay, Everest logan intersection needs to be throught out a little better and re-routed away from the properties on Whitney PI. • I prefer to see .5 acre or .4 acre properties. Leave buffer between Whitney Pic. and new Donnay Dr. extension. • Have some considertion of the property owners that already own where you want the road to go. Move it so that they still have green space on the other side of their fence - not a road. • More tax dollars. • Looks great, hope it happens - lots of green!! The Providence donation is incredible. • My concerns center around water and sewer services - Extension of Dnnay Rd. - higher traffic flow, impact on environment. • Concerned that proper deep services are in place before proceeding. Concerned with the opening up of more lots before the Cliffs Over Maple Bay is resolved. • All natural areas should be left natural. • The road will be right behind my house - on the fence line. To only have 1 road into a 250 house subdivision is ridiculous. We bought this house because of the green space behind it - We didn't want houses back to back. We are against this. You need more than one access for all of these homes. • Keep the large maple trees on the site. Stonehill Comprehensive Development Plan - 1698 Maple Page 146 of 148 Bay Rd Federation of Canadian Municipalities - Municipal Partners MUNICIPALITY of A/O/T/7 Report cowichan Date July 29, 2010 File: 2600-20 To Council From Mary Beth MacKenzie, Deputy Clerk Subject Federation of Canadian Municipalities - Application to the Municipal Partners for Economic Development Project Purpose To recommend that Council endorse Chris Hall's application to the Federation of Canadian Municipalities (FCM) for a volunteer position in its Municipal Partners for Economic Development program. Background The Federation of Canadian Municipalities recently issued an international call for expressions of interest in its Municipal Partners for Economic Development project. Volunteers are being recruited to assist in the design of economic development programs with local governments in Cambodia, Vietnam, Bolivia, Nicaragua, Burkina Faso, Mail and Tanzania. FCM covers participant travel, accommodation and meal expenses. Discussion In 2006, Chris Hall volunteered for a similar FCM program in Sri Lanka. FCM's Canada / Sri Lanka Municipal Cooperation Program (MCP) was a key component of Canada's post-tsunami assistance in Sri Lanka. Through the sharing of technical expertise between Canadian and Sri Lankan municipal practitioners, and financial support for rebuilding of small-scale infrastructure and replacement of equipment through the Municipal Strategic Fund, MCP contributed to Sri Lanka's national reconstruction and rehabilitation effort. All costs were covered by the Federation of Canadian Municipalities, and his time away from the Municipality was taken as earned vacation time. Mr. Hall is interested in volunteering for FCM's program again this year, but since he is technically on the Municipality's payroll, his application must be endorsed by Council. Program details are still being developed, but it is anticipated that this program will require Mr. Hall's attendance for approximately 20 to 25 days working days between September and December 2010. Recommendation That Council endorse Chris Hall's application for a volunteer position with the Canadian Federation of Municipalities' Municipal Partners for Economic Development program, subject to no costs being incurred by the Municipality. Mary Beth MacKenzie Deputy Clerk FCM - MPED 7030 Trans Canada Highway, Box 278, Duncan, BC V9L 3X4 Ph 250-746-3100 Fax 250-746-3133 www.northcowichan.bc.ca Federation of Canadian Municipalities - Municipal Partners Page 147 of 148 Federation of Canadian Municipalities - Municipal Partners FCM INTERNATIONAL CALL FOR EXPRESSION OF INTEREST PROJECT: Municipal Partners for Economic Development (MPED) FCM is currently recruiting individual volunteers to assist in the design of new country programs in Cambodia, Vietnam, Bolivia, Nicaragua, Burkina Faso, Mali and Tanzania for the Municipal Partners for Economic Development (MPED) program (funding is pending approval). The new initiatives should start around October 2010. The five-year MPED will focus on advancing sustainable and equitable local economic development (LED) in selected countries by assisting local governments to provide more effective LED services that meet the needs of their citizens and the business community. FCM covers participant travel, accommodation and meal expenses through funding from CIDA. EXPERTISE REQUIRED • Local Economic Development Specialists (5) • Association Capacity Building & Intergovernmental Relations Specialists (5) TO APPLY: Interested volunteers should apply through FCM's International database at: http://www.fcm.ca/participation/english/CFEI.asp by Monday, August 7, 2010. For additional information: please contact Jennifer Donnelly, Program Development and Recruitment Coordinator at [email protected] Federation of Canadian Municipalities - Municipal Partners Page 148 of 148