Municipality of North Cowichan
Regular Council
AGENDA

Wednesday, June 19, 2024 at 5:00 P.m. - 8:00 P.m.

Municipal Hall - Council Chambers & Electronically

This meeting which is open to the public, will be conducted in-person in Council Chambers and by video conference using the Cisco Webex platform, and will be streamed live and archived for viewing on demand at www.northcowichan.ca. All representations to Council form part of the public record.

 

Members of the public may attend the Municipal Hall [7030 Trans-Canada Highway] in person, or join the meeting electronically to participate during the 'Public Input' and 'Question Period' portions of the agenda. Please visit northcowichan.ca/virtualmeeting for instructions on how to connect online or you may dial 1.844.426.4405, enter 1# for English, enter the meeting ID 2772 138 0888, and then enter the meeting password 1111.

---

1.

CALL TO ORDER

As soon as there is a quorum present after the time specified for the Council meeting, the Mayor shall call the meeting to order. If there is no quorum of Council present within 15 minutes of the scheduled time for the meeting, the Corporate Officer records the names of the members present and those absent, and adjourns the meeting until the next scheduled meeting.

2.

APPROVAL OF CONSENT AGENDA

To adopt all recommendations appearing on the Consent Agenda in one motion, without discussion or debate. Included are items that are regular, non-controversial, or routine in nature. Any item may be moved out at the request of any Council member for discussion or debate, before the agenda is approved. Items removed from the Consent Agenda will be placed under New Business.

• Recommendation:

  THAT Council approve the Consent Agenda and the recommendations contained therein.

2.1

Items for Decision

All recommendations provided under each of the items listed below will be adopted once the Consent Agenda is approved, unless removed and placed under New Business. 

2.1.1

Council Meeting Minutes for Adoption

Purpose: To consider if there were any errors or omissions prior to adopting the minutes of previous meetings of Council.

• Recommendation:

  THAT Council adopt the minutes of their regular and special meetings held May 15, 2024 and their special meeting held June 4, 2024.

2.1.2

April 23, 2024 Agricultural Advisory Committee

Purpose: To receive for information the draft minutes from the April 23, 2024 Agricultural Advisory Committee and consider the Committee’s recommended actions.

• Recommendation:

  THAT Council

  1. Receives the minutes of the April 23, 2024 Agricultural Advisory Committee meeting;
  2. Directs the mayor to write a letter to the Ministry of Agriculture and Food requesting an Agricultural Land Use Inventory to be carried out in the North Cowichan region as soon as possible.
  3. Accepts the following feedback provided by the Agricultural Advisory Committee on the Richards Creek Ecological Accounting Process report to: 
     1. Consider individual site-specific circumstances, such as soil types, in the methodology. 
     2. Utilize the methods prescribed in the Riparian Areas Protection Regulation to determine appropriate setbacks. 
     3. Request that outreach efforts specifically outline ecosystem services. 

2.1.3

2023 Statement of Financial Information

Purpose: To present the 2023 Statement of Financial Information for approval by Council.

• Recommendation:

  THAT Council approve the 2023 Statement of Financial Information.

2.2

Items for Information

All items listed below will be received for information purposes only once the Consent Agenda is approved, unless removed and placed under New Business where Council may consider taking action. 

2.2.1

Committee of the Whole Meeting Minutes

Purpose: To receive for information the minutes from the June 11, 2024 Committee of the Whole meeting.

• Recommendation:

  THAT Council receive for information the minutes from the June 11, 2024 Committee of the Whole meeting.

2.2.2

Sports Wall of Fame Committee Minutes

Purpose: To receive for information the draft minutes from the May 16, 2024 Sports Wall of Fame Committee meeting.

• Recommendation:

  THAT Council receive for information the draft minutes from the May 16, 2024 Sports Wall of Fame Committee meeting.

2.2.3

Economic Development Committee Minutes

Purpose: To receive for information the draft minutes from the May 31, 2024 Economic Development Committee meeting.

• Recommendation:

  THAT Council receive for information the draft minutes from the May 31, 2024 Economic Development Committee meeting.

2.2.4

Office of the Ombudsperson Quarterly Report (January 1 to March 31, 2024)

Purpose: To receive for information the May 8, 2024 quarterly report from the Office of the Ombudsperson for the first quarter (January 1 to March 31, 2024).

• Recommendation:

  THAT Council receive the May 8, 2024 quarterly report from the Office of the Ombudsperson for information.

2.2.5

Free Transit for BC Youth and Seniors

Purpose: To receive for information the May 15, 2024, email from Nathan on behalf of the Victoria Transit Riders Union, requesting Council’s support for free transit for BC youth and seniors.

• Recommendation:

  THAT Council receive for information, the May 15, 2024, email from the Victoria Riders Union.

2.2.6

Deputy Mayor to represent City of Kamloops

Purpose: To receive for information the May 29, 2024 letter from Deputy Mayor Kelly Hall, City of Kamloops, notifying all Municipal Governments in BC that the Deputy Mayor will represent Kamloops City Council. 

• Recommendation:

  THAT Council receive for information, the May 29, 2024, letter From Deputy Mayor Kelly Hall, City of Kamloops.

2.2.7

Water Use Approvals in North Cowichan

Purpose: To receive for information the May 29, 2024, letter from the Honourable Nathan Cullen, Minister of Water, Land and Resource Stewardship, received in response to North Cowichan’s request for an urgent review and support of Chemainus Wells water licence application.

• Recommendation:

  THAT Council receive for information, the May 29, 2024, letter from the Honourable Nathan Cullen, Minister of Water, Land and Resource Stewardship.

2.2.8

Request for Assistance in Managing Scotch Broom Near Transmission Lines

Purpose: To receive for information the May 23, 2024, letter from Ted Olynyk, from BC Hydro in response to North Cowichan’s request to work together to mitigate scotch broom along BC Hydro transmission lines.

• Recommendation:

  THAT Council receive for information the May 23, 2024, letter from Ted Olynyk, from BC Hydro.

3.

APPROVAL OF REGULAR AGENDA

To consider any items of business not included in the Agenda that are of an urgent nature they must be introduced and approved at the time the agenda is adopted. Matters must be taken up in the order that they are listed unless changed at this time.

• Recommendation:

  THAT the agenda be adopted as circulated [or as amended].

4.

MAYOR'S REPORT

Mayor's opportunity to make announcements and update council and the community on various matters which the mayor has participated in since the last meeting.

5.

PUBLIC MEETINGS

5.1

Annual Municipal Report

Purpose: For Council to consider the 2023 Annual Report in an open public meeting and to receive submissions and questions from the public in accordance with section 99 of the Community Charter.

• Recommendation:

  THAT Council accepts the 2023 Annual Report.

6.

DELEGATIONS

Delegations appear before Council in order to make a presentation, enter a request for action, or bring Council up to date on a project, idea, or concept, or to provide further information on an issue currently before Council for a decision. Delegations are limited to 10 minutes to make their address to Council unless extended by a unanimous vote of all Council members present. A delegation may not address Council on a bylaw for which a public hearing has been held or where a public hearing is required.

7.

PUBLIC INPUT ON AGENDA ITEMS

Public Input is an opportunity for the public to provide their feedback on matters included on the agenda. The maximum number of speakers to be heard during the public input period is limited to five, with a maximum of three minutes allotted to each speaker.  Members of the public attending the meeting in person must register at least 10 minutes prior to the meeting by signing the sheet posted outside of Council Chambers. Members of the public attending electronically must raise their hand once the meeting has been called to order. Please visit northcowichan.ca/virtualmeeting for instructions on how to raise your hand. Speakers are asked to state their name and residential address when commencing their address to Council.

8.

BYLAWS

Bylaws appearing under this section will be listed in order of readings as follows: (a) bylaws for adoption shall appear first, followed by (b) bylaws receiving third reading, then (c) bylaws receiving first and second or first three readings.

8.1

Zoning Amendment Bylaw No. 3913, 2024 [2524 Ashcroft Road] for adoption

Purpose: To consider adoption of Zoning Amendment Bylaw No. 3913, 2024, which received first three readings March 6, 2024 and the 219 covenant has now been registered on title. If adopted, this bylaw will permit a detached accessory dwelling unit at 2524 Ashcroft Road.

• THAT Council adopt Zoning Amendment Bylaw No. 3913, 2024.

8.2

Development Procedures Bylaw No. 3924 for adoption

Purpose: To consider adopting Development Procedures Bylaw No. 3924, 2024 which received third reading as amended May 15, 2024. If adopted this bylaw proposes to establish procedures for the processing of land development applications, including amendments to the Official Community Plan and Zoning Bylaws, Permit applications, and Agricultural Land Commission applications.

• Recommendation:

  THAT Council adopt Development Procedures Bylaw No. 3924, 2024.

8.3

Zoning Amendment Bylaw No. 3934, 2024 [2999 Drinkwater Road] for adoption 

Purpose: To consider adoption of Zoning Amendment Bylaw No. 3934, 2024, which received first three readings on March 6, 2024 and received Ministry of Transportation and Infrastructure approval on March 14, 2024.

• THAT Council adopt Zoning Amendment No. 3934, 2024.

8.4

Fees and Charges Amendment Bylaw No. 3960 for adoption

Purpose: To consider adoption of Fees and Charges Amendment Bylaw No. 3960, 2024 which received first three readings on April 17, 2024.  If adopted this bylaw will modify Development and Permitting fees by adding refunds to incomplete, inactive, and withdrawn applications, and for when an early consideration application is denied. 

• Recommendation:

  THAT Council adopt Fees and Charges Amendment Bylaw No. 3960, 2024.

8.5

Zoning Amendment Bylaw No. 3964 for adoption

Purpose: To consider adoption of Zoning Amendment Bylaw No. 3964, 2024, which received first three readings on June 4, 2024. If adopted, this bylaw ensures North Cowichan complies with the provincial amendments to the Local Government Act (LGA) regarding “Small Scale Multi Units Housing”.

• Recommendation:

  THAT Council adopt Zoning Amendment Bylaw No. 3964, 2024.

8.6

Council and Committee Procedures Bylaw No. 3945 for amendment

To consider modifying the Public and Statutory Hearing meetings provisions of the Council and Committee Procedures Bylaw No. 3945 prior to adoption.

• Recommendation:
  1. THAT Council rescinds third reading of Council and Committee Procedures Bylaw No. 3945, 2024;
  2. THAT Council amends Council and Committee Procedures Bylaw No. 3945, 2024 by:
     1. adding the heading “Statutory Hearing Matters” to item 6.11 [council agenda] following subsection (j) Unfinished and Postponed Business.
     2. adding subsection 4.32 to the Statutory Hearings section as follows:
        “4.32.     Notwithstanding section 4.23 [statutory hearings] Council may consider a Statutory Hearing matter at a regular Council meeting, subject to all conditions under the provincial legislation being met and where such circumstances occur, the matter shall be placed under the “Statutory Hearing Matters” section of the regular Council meeting agenda and consideration of the matter shall be subject to the same process established under subsection 6.12.(d)."
  3. THAT Council gives third reading as amended to Council and Committee Procedures Bylaw No. 3945, 2024.

8.7

Zoning Amendment Bylaw No. 3965, 2024 [6531 Bird's Eye Drive] for first three readings

Purpose:To introduce Zoning Amendment Bylaw No. 3965, 2024, which proposes to amend Zoning Bylaw No. 2950, 1997, to permit a detached accessory dwelling unit at 6531 Bird’s Eye Drive.

• Recommendation:

  THAT Council:

  1. Gives first, second, and third readings to Zoning Amendment Bylaw No. 3965, 2024; and,
  2. Require the registration of a section 219 covenant to restrict the size of an accessory dwelling unit at 6531 Bird’s Eye Drive to 90m² gross floor area prior to Council’s consideration of adoption of Zoning Amendment Bylaw No. 3965, 2024.

9.

REPORTS

This section includes reports from staff requiring a decision of Council and/or staff presentations. Staff reports for information only are placed in the Consent Agenda.

9.1

Climate Change Risk and Vulnerability Assessment Project Update

Purpose: To present the draft Climate Adaptation Strategy for feedback and seek direction on next steps before presenting to Council for adoption. A presentation by staff and Urban Systems Ltd. will be provided.

• Recommendation:

  THAT Council direct staff to:

  1. Forward the draft report to the Environmental Advisory Committee and Agricultural Advisory Committees for feedback, and
  2. Consider revisions based upon feedback received and bring forward the report to a future Council meeting for consideration of adoption.

9.2

Development Permit with Variance Application No. DP000360 for 1935 Maple Bay Road

Purpose: To consider development permit application DP000360, which seeks a variance to Section 56 (7) (b) of Zoning Bylaw No. 2950, 1997, to increase the maximum permitted accessory building height from 5.0 metres to 7.0 metres for an accessory building containing a garage and additional dwelling unit at 1935 Maple Bay Road.

• Recommendation:

  THAT Council:

  1. Grant the variance to Section 56 (7) (b) of Zoning Bylaw 1997, No. 2950, to increase the maximum permitted accessory building height from 5 metres to 7 metres; and,
  2. authorize the issuance of development permit with variance DP000360 to Len Thew to facilitate an accessory building containing a garage and additional dwelling unit at 1935 Maple Bay Road.

9.3

BC Bike Race Event Temporary Use Permit Amendment Application

Purpose: To consider an amendment to the temporary use permit (TUP00028) authorized for 1658 Robert Street and the Crofton Sportsfield Park to allow the BC Bike Race to use the subject lands for a maximum of six consecutive days per calendar year for the remainder of the permit (2024 and 2025).

• Recommendation:

  THAT Council issue Temporary Use Permit Amendment No. TUP00028 to the BC Bike Race to allow overnight parking at 1658 Robert Street and camping at the Crofton Sportsfield Park for a maximum of six consecutive days per calendar year for 2024 and 2025, subject to the applicant obtaining a Special Event Permit issued by the Director of Parks and Recreation each year the event is to be held.

9.4

Genoa Bay Road Slope Stabilization and Road Remediation Project – Request to Increase Budget

Purpose: To provide an update on the Genoa Bay Road Slope Stabilization and Roadway Rehabilitation Project and request an increase to the budget from $1,500,000 to $3,000,000.

• Recommendation:

  That Council:

  1. Approve Option 1 (Two Driving Lanes, Road-Side Barrier) of the Genoa Bay Road Slope Stabilization and Road Remediation Project, as outlined in the June 19, 2024 report from the Manager, Infrastructure.
  2. Approve increasing the Genoa Bay Road Slope Stabilization and Road Remediation Project budget from $1,500,000 to $3,000,000.
  3. Approve the transfer of $1,500,000 of funds to the Genoa Bay Road Slope Stabilization and Road Remediation Project as follows:
     1. $1,000,000 from the Herd Road Bridge Repair Project;
     2. $350,000 from the Kingsview Culverts (Phase 1 and 2) Project;
     3. $50,000 from the Seine Road Culvert Replacement Project; and,
     4. $100,000 from the Unallocated Roads Fund.

9.5

Revised Permissive Tax Exemption Policy

Purpose: To present two revised draft Permissive Tax Exemption Policies for Council’s consideration.

• Recommendation:

  THAT Council approve Draft 2 of the Permissive Tax Exemption Policy as attached to the Director, Financial Services report dated June 19, 2024.

10.

NOTICE OF MOTIONS

This section includes notices of motions submitted by Members of Council for introduction only, discussion and debate of the motion shall occur at a future meeting. Introductory remarks or clarifying questions are not permitted at this time as per Council’s Notice of Motion Policy.

11.

UNFINISHED AND POSTPONED BUSINESS

This section includes matters that have been postponed to a certain time or referred to staff, a committee or some other organization or person, and shall be placed under this section when the matter is returned to Council for consideration.

12.

NEW BUSINESS

This section includes external items that require a decision of Council, items that have been removed from the Consent Agenda, and motions submitted by Council members, where previous notice has been given, for Council consideration.

13.

QUESTION PERIOD

Question Period is an opportunity for the public to ask brief questions regarding the business discussed during the meeting. When invited by the Mayor, members of the public who are attending the meeting in person may step up to the podium to ask their question(s) and members of the public who are attending electronically may raise their hand at this time. Please visit northcowichan.ca/virtualmeeting for instructions on how to raise your hand.

14.

ADJOURNMENT

Once all the business is done and over with, the Mayor may declare the meeting adjourned without requiring a resolution of Council.