DISTRICT OF HIGHLANDS NOTICE OF REGULAR COUNCIL MEETING Monday, March 19, 2012 @ 7pm School House, 1589 Millstream Road A G E N D A 1. APPROVAL OF THE AGENDA 2. PETITIONS AND DELEGATIONS 3. ADOPTION OF MINUTES Adopt a) Public Hearing – March 5, 2012 RECOMMENDED ACTION: Adopt b) Council – March 5, 2012 RECOMMENDED ACTION: Adopt Receive c) Advisory Planning Commission – March 6, 2012 RECOMMENDED ACTION: Receive d) West Shore Parks and Recreation – February 9, 2012 RECOMMENDED ACTION: Receive e) Capital Regional Hospital Board – March 7, 2012 RECOMMENDED ACTION: Receive f) CommunityComm Centre Task Force – March 8, 2012 RECOMMENDED ACTION: Receive 4. REPORTS OF COMMITTEES & COMMISSIONS a) i) Councillor Allen Dobb CRD Arts; Heritage Task Force, Sustainability Strategy Advisory Committee ii) Councillor Diane Gill Community Infrastructure Services Select Committee, CRD Solid Waste Advisory iii) Councillor Sigurd Johannesen Community Centre Task Force; Emergency Planning, Greater Victoria Family Court, Community Policing, JDF Water Commission iv) Councillor Marcie McLean Fiscal Environmental, Inter-municipal Advisory Committee on Disability Issues (IACDI) v) Councillor Karel Roessingh Advisory Planning Commission, Capital Region Emergency Service Telecommunications (CREST), Greater Victoria Public Library Board, Ground Water Task Force vi) Councillor Ken Williams West Shore Parks &Recreation, Community Centre Task Force, CRD Water Commission b) Mayor’s Report 5. RATIFICATION OF COMMITTEE RECOMMENDATIONS a) Committee of the Whole – March 12, 2012 i) RE: PROPOSED COMMUNITY HALL – ARCHITECTURAL SERVICES Recommendations: That the District accept the proposal for Architectural Services from Stantec Architectural Limited. Further that staff arrange a contract for subsequent approval. b) Community Centre Task Force - March 8, 2012 RE: IDENTIFY OPERATING AND MAINTENANCE FUNDING OPTIONS (FOR COMMUNITY HALL) It is ultimately desirable to have a community group manage the facility. However it is likely that at least initially the District provide initial management through District staff and a contract for caretaker services. RE: IDENTIFY POSSIBLE IMPLICATIONS FOR OTHER COMMUNITY LANDS AND FACILITIES AND IDENTIFY IMPLEMENTATION STEPS 1. That design considerations take into account the potential for a future municipal office, west fire hall if/ when necessary as well as a possible works yard and Fire Department practice area. 2. That potential implementation steps include in the following order: a) build community hall b) municipal office design and siting c) west fire hall d) works yard and fire department practice area RECOMMENDATION: That Council receive the Community Centre Task Force recommendations and refer to staff for comments. 6. INTRODUCTION OF LATE ITEMS 7. UNFINISHED BUSINESS a) Memo – L. Beckett, Planner, March 14, 2012 RE: REZONING APPLICATION RZ-01-08 – 889 FINLAYSON ARM ROAD RECOMMENDATION: That Council direct staff to draft a zoning bylaw amendment to accomplish the proposal b) Memo – L. Beckett, Planner, March 12, 2012 RE: REZONING APPLICATION RZ-02-11 – 1150 BEAR MOUNTAIN ROAD RECOMMENDATION: That Council direct staff to draft an intermunicipal agreement bylaw, a Land Title Act section 219 covenant requiring sprinklers, and OCP and zoning bylaw amendments to accomplish the proposal. 8. CORRESPONDENCE a) Member Release – March 1, 2012 RE: 2012 APPLICATION INTAKE – GAS TAX AND INNOVATIONS FUND (1855-17) 9. BYLAWS 10. NEW BUSINESS a) Memo – C. Leek, Building Inspector, February 17, 2012 RE: STOP WORK ORDER – 641 MILLSTREAM LAKE ROAD RECOMMENDATION: That until such time as a valid and subsisting Building Permit(s) for work can be issued, the Corporate Officer of the District of Highlands will file a Notice with the Land Title and Survey Authority of BC stating that a Resolution has been made under Section 57 of the Community Charter by the Council relating to the property legally described as Lot B, Section 32, Highland District, Plan 49463, Parcel Identifier 015-134-121 having a civic address of 641 Millstream Lake Road, and that further information respecting the Resolution may be inspected at the District Office during regular office hours b) Memo – L. Beckett, Planner, March 13, 2012 RE: DEVELOPMENT VARIANCE PERMIT APPLICATION DP-01-12 RECOMMENDATION: That Council ISSUE Development Variance Permit DP-01-12. c) Memo – C. D. Coates, March 2, 2012 RE: GREATER VICTORIA PUBLIC LIBRARY BUDGET RECOMMENDATION: That Council APPROVE the 2012 Library Operating Budget and Five Year Financial Plan. d) Memo – C. D. Coates, March 2, 2012 RE: ENHANCED 911 CALL ANSWER SERVICE RECOMMENDATION: That Council advise the Capital Regional District of its interest to participate in the 911 Call Answer Service. 11. IN CAMERA Motion: That Council move In Camera to discuss items pursuant to the Community Charter, specifically: Section 90 (2) (b) the consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government or the federal government or both (TAC); and Section 90 (1)(a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality. 12. RELEASE OF IN CAMERA RESOLUTIONS 13. ADJOURNMENT DISTRICT OF HIGHLANDS MINUTES OF PUBLIC HEARING Monday, March 5, 2012 at 7:00 p.m. School House, 1589 Millstream Road To Council March 19, 2011 The Purpose of the Meeting is to hold a PUBLIC HEARING for: Bylaw No. 336: “Highlands Zoning Bylaw, 1998, Amendment No. 32, (Public 2 Zone - (Portion of 1786 Millstream Road)) Bylaw No. 336, 2012.” PRESENT: Mayor Jane Mendum Councillors Allen Dobb Diane Gill Sigurd Johannesen Marcie McLean Karel Roessingh Ken Williams IN ATTENDANCE: Chief Administrative Officer Chris Coates Planner Laura Beckett Corporate Officer Tina Neurauter 19 members of the public 1. APPROVAL OF THE AGENDA MOTION: 066 / 2012 MOVED BY: COUNCILLOR JOHANNESEN SECONDED: COUNCILLOR ROESSINGH That the agenda be approved. CARRIED The Public Hearing regarding Bylaw No. 336 is declared open at 7:03pm. The mayor read out the following statement. At a Public Hearing, as required by the Local Government Act, all persons who believe that their interest in property may be affected by the proposed Bylaw shall be afforded a reasonable opportunity to be heard or to present written submissions respecting matters contained in the Bylaw that is the subject of the Public Hearing. This is not a meeting to debate the issues or to state a position on why the Bylaw has been written. Any persons wishing to speak are asked to state their name and address for the record. Minutes of the Special Meeting of Council – March 5, 2012 Public Hearing For Bylaw No. 330 and Bylaw No. 331 – Page 2 Any letters or briefs shall be included in the record of the Public Hearing and will be available to the public for viewing. After all persons who so wish have expressed his or her views, I shall ask three times, “Is there anyone else who wishes to be heard”, and if no further views are forthcoming I shall declare the Public Hearing closed. Anyone wishing to have letters or briefs recorded in the minutes may bring them to the front now or submit them at the time of their presentation. Please also note that the function of council is to listen to the views of the public not to debate the merits of the proposed bylaw. After the conclusion of the public hearing, all members of council are precluded from receiving any further input or submissions. After this public hearing has concluded, Council may, without further notice, give whatever effect Council believes proper to the representations made at this hearing. As a matter of information, the bylaw is on the Regular Council Meeting Agenda for consideration later this evening. Please be reminded that there will be no opportunity to speak to the bylaw at that time. The opportunity to speak is now. If it is required, the public hearing may be adjourned and reconvened without further notice if the time, date and place the meeting will be reconvened is stated to those in attendance at the meeting. The lands that are the subject of the proposed bylaws comprise approximately 4.21 hectares (10.4 acres) and are described as a portion of South ½ of Section 14, Highland District, Except Parcel B (DD 32752I) and Except Parts in Plans 8758, 22965, 40257 and 2812 RW (part of 1786 Millstream Road) 2. BYLAWS a) Bylaw No. 336 Highlands Zoning Bylaw, 1998, Amendment No. 32, (Public 2 Zone -(Portion of 1786 Millstream Road)) Bylaw No. 336, 2012.” Summary of the proposed Zoning Bylaw amendment: General Purpose: Bylaw No. 336 rezones the subject land from Amenity 1 Zone (Am1) to Public 2 Zone (P2), an existing zone in the Highlands Zoning Bylaw that has permitted uses of Assembly, Community Hall, Fire Hall, Municipal Hall, School, Recreation Facility, and Non- motorized outdoor recreation. The total floor area of all buildings on a lot in the P2 zone may not exceed 600 square metres (6,460 square feet). The District of Highlands proposes to build a community hall on the subject land. Mayor Mendum called for comments from the public for the first time. Minutes of the Special Meeting of Council – March 5, 2012 Public Hearing For Bylaw No. 330 and Bylaw No. 331 – Page 3 Bob McMinn, 499 Millstream Lake Road, addressed Council and spoke in favour of Bylaw No. 336. Mr. McMinn believes this is an excellent location for a Community Hall. Mara Dhillon, 3875 Munn Road, addressed Council and spoke in favour of the Bylaw. She believes that the proposal for a Community Hall is a good idea. The Mayor asked a second time if there was anyone else who wishes to be heard. Mr. Rick Lester, 787 Finlayson Arm Road, addressed Council and stated that he was among several residents of lower Finlayson Arm Road who objected to this location (Finlayson Arm Road/ Millstream Road) for a Community Hall as they would be most affected by this development and associated development.