Municipality of North Cowichan
Regular Council
AGENDA

Wednesday, June 07, 2023 at 4:00 P.m. - 7:00 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 2774 309 8939, and then enter the meeting password 1111.

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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 30 minutes of the scheduled time for the meeting, the meeting is adjourned until the next scheduled meeting.

2.

RESOLUTION TO CLOSE THE MEETING TO THE PUBLIC

A resolution of Council must be passed during the open portion of the meeting stating the basis under the Community Charter in which the public shall be excluded.

• Recommendation:

  THAT Council close the meeting at ____ p.m. to the public on the basis of the following section of the Community Charter:

  • 90(1)(b) personal information about an identifiable individual who is being considered for a municipal award or honour, or who has offered to provide a gift to the municipality on condition of anonymity.

3.

CLOSED SESSION [4:00 - 5:00PM]

Any matters that must or may be closed to the public in accordance with section 90 of the Community Charter shall appear here.

3.1

Approval of in-camera meeting agenda

3.2

Adoption of in-camera meeting minutes

3.3

In-camera meeting items

3.3.1

Closed under section 90(1)(b) – award of municipal honour

3.4

Rise and Report

4.

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.

4.1

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. 

4.1.1

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 meeting held May 17, 2023.

4.1.2

Accessibility Advisory Committee Electronic Participation

Purpose: To authorize the Accessibility Advisory Committee to conduct their meetings electronically.

• Recommendation:

  THAT Council direct that the next meeting of the Accessibility Advisory Committee be conducted by means of electronic or other communication facilities.

4.1.3

Cowichan Green Community Re: Request for letter of support for the Local Food Infrastructure Grant

Purpose: To receive the June 1, 2023 email from Cowichan Green Community requesting a letter of support from Council to include with their grant application to the Agriculture and Agri-Food Canada for the Local Food Infrastructure Fund for the purchase of a tractor and additional agriculture-related equipment for the property located at 3421 Beverly Street.

• Recommendation:

  THAT Council authorize the Mayor to provide a letter of support to the Cowichan Green Community in support of their project at 3421 Beverly Street.

4.2

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. 

4.2.1

Ministry of Water, Land and Resource Stewardship Re: Cowichan Estuary Environmental Management Plan

Purpose: To receive the May 8, 2023, letter from the Honourable Nathan Cullen, Minister, Water, Land and Resource Stewardship in response to Mayor Douglas’ April 3, 2023, letter regarding some of the current challenges in the Cowichan Estuary and the Mayor’s request to amend the Cowichan Estuary Environmental Management Plan (CEEMP).

• Recommendation:

  THAT Council receive for information the May 8, 2023 letter from the Minister Cullen.

4.2.2

Nehru Manak Re: Landscaping

Purpose: To receive the May 18, 2023, email from Nehru Manak requesting that Council direct staff to include the maintenance of the landscaping along the railway from Beverly Street past James Street as part of their regular operations during the budget process.

• Recommendation:

  THAT Council receive for information the May 18, 2023 email from Nehru Manak.

5.

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].

6.

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.

7.

DELEGATIONS

8.

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.

9.

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.

9.1

Zoning Amendment Bylaw No. 3910, for first and second readings

Purpose: To introduce Zoning Amendment Bylaw No. 3910, which proposes to rezone 8025 Berridge Street (Crofton Childcare Centre) and the adjacent streets (Dyke Road and a portion of Berridge Street) from the Rural Residential zone (R1) to the Public Use (PU) zone.

• Recommendation:

  THAT Council:

  1. Give first and second readings to Zoning Amendment Bylaw No. 3910, 2023; and,
  2. Authorize a Public Hearing for Zoning Amendment Bylaw No. 3910, 2023 and notification in accordance with the Local Government Act.

9.2

Zoning Amendment Bylaw No. 3911, 2023, for first and second readings

Purpose: To introduce Zoning Amendment Bylaw No. 3911, 2023, which proposes to amend Zoning Bylaw No. 2950, 1997, to permit a detached accessory dwelling unit (ADU) at 1211 Barnes Road.

• Recommendation:

  THAT Council:

  1. Consider Zoning Amendment Application ZB000189 to permit a 106 m² detached accessory dwelling unit at 1211 Barnes Road despite section 3(a) of Council’s Second Dwelling Rural Lands Policy, that the size of the proposed second dwelling be restricted to 90 m² or less of gross floor area, and make an exception in this circumstance due to the age of the building and that an alteration to the dwelling to comply with the Policy would alter the integrity of the structure;
  2. Give first and second readings to Zoning Amendment Bylaw No. 3911, 2023, to permit a detached accessory dwelling unit with a maximum gross floor area of 106 m² at 1211 Barnes Road; and,
  3. Authorize a Public Hearing for Zoning Amendment Bylaw No. 3911, 2023 and notification in accordance with the Local Government Act.

9.3

Zoning Amendment Bylaw No. 3912, 2023, for first and second readings

Purpose: To introduce Zoning Amendment Bylaw No. 3912, 2023, which proposes to amend Zoning Bylaw No. 2950, 1997, to permit a detached accessory dwelling unit (ADU) at 7325 Osborne Bay Road.

• Recommendation:

  THAT Council deny Zoning Amendment Application ZB000182 to permit a detached accessory residential dwelling at 7325 Osborne Bay Road.

10.

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.

10.1

Development Variance Permit Application for 8100 Bertha Street

Purpose: To consider a development variance permit application to reduce the minimum side yard setback for a hot tub enclosure/storage room from 1.0 metre to 0.24 metres and a storage shed from 1.0 metre to 0.73 metres for purposes of legalizing two existing structures at 8100 Bertha Street.

• Recommendation:

  THAT Council deny Development Variance Permit Application DVP00084 for a variance to Section 58.6 (b) of Zoning Bylaw No. 2950, 1997, to decrease the required side yard setback for (1) a hot tub enclosure/storage room from 1.0 metre to 0.24 metres and (2) a storage shed from 1.0 metre to 0.73 metres at 8100 Bertha Street.

10.2

Development Variance Permit Application for 6125 Lakeview Drive

Purpose: To consider a development variance permit application to reduce the minimum front yard setback for a principal residential dwelling from 5.0 metres to 4.3 metres to facilitate future subdivision at 6125 Lakeview Drive.

• Recommendation:

  THAT Council authorize the issuance of Development Variance Permit DVP00091 and grant a variance to Section 58 (6) (a) of Zoning Bylaw No. 2950, 1997, to reduce the front yard setback for a principal residential dwelling from 5.0 metres to 4.34 metres to facilitate future subdivision at 6125 Lakeview Drive.

10.3

Development Variance Permit applications for 2019/2021 Otter Close and 6467/6469 Marine Crescent

Purpose: To consider two development variance permit applications to decrease the minimum required side yard setbacks for two strata lots at 2019 and 2021 Otter Close and at 6467 and 6469 Marine Crescent to facilitate the creation of separate strata titles for the two existing duplexes.

• Recommendation #1:

  THAT Council authorize issuance of Development Variance Permit DVP00094 and grant a variance to section 56(6)(a) of Zoning Bylaw No. 2950, 1997 by reducing the minimum side yard setbacks from 3.0m to 0.0m for 2019 and 2021 Otter Close (Strata Lot 4 Plan EPS5408); subject to registration of a covenant on each new strata lot limiting the density to one dwelling unit.

• Recommendation #2:

  THAT Council authorize issuance of Development Variance Permit DVP00095 and grant a variance to section 56(6)(a) of Zoning Bylaw No. 2950, 1997 by reducing the minimum side yard setbacks from 3.0m to 0.0m for 6467 and 6469 Marine Crescent (Strata Lot 13 Plan ESP54080); subject to registration of a covenant on each new strata lot limiting the density to one dwelling unit.

10.4

Parking restrictions and towing along Croft Street and Duncan Street

Purpose: To address the recreational vehicles (RV) violating parking violations on Croft Street in Chemainus and on Duncan Street in the South End.

• Recommendation #1:

  THAT Council authorize the Director of Engineering to install signage at Croft Street in Chemainus (between Mill Street and Alder Street) that:

  1. Restricts the parking of vehicles over 5,500 kilograms and trailers to no more than 2 hours; and,
  2. Advises the public that vehicles or trailers violating the parking restrictions will be towed and how to recover their vehicle or trailer.
• Recommendation #2:

  THAT Council authorize the Director of Engineering to install signage at Duncan Street in the South End (between University Way and James Street) that:

  1. Restricts the parking of vehicles over 5,500 kilograms and trailers to no more than 2 hours; and,
  2. Advises the public that vehicles or trailers violating the parking restrictions will be towed and how to recover their vehicle or trailer.
• Recommendation #3:

  THAT Council authorize staff to enter into an agreement with at least one towing company and to set out the terms and conditions for the towing, impounding, and return/disposal of recreational vehicles.

• Recommendation #4:

  THAT Council direct staff to draft:

  1. Towing Bylaw to regulate the towing and storage of illegally or improperly parked vehicles and chattel; and,
  2. an amendment to the Fees and Charges Bylaw to include updated towing-related charges.

10.5

2022 Statement of Financial Information

Purpose: To present the 2022 Statement of Financial Information for approval by Council.

• Recommendation:

  THAT Council approve the 2022 Statement of Financial Information.

11.

NOTICES 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.

11.1

Safe Public Places Bylaw

Purpose: So that Councillor Manhas may introduce the following motion which Council will consider at the June 21, 2023, regular Council meeting:

“WHEREAS the federal and provincial governments have decriminalized the use of and possession of certain drugs for personal use;

AND WHEREAS such use of drugs is occurring in public places within North Cowichan;

AND WHEREAS many of these public places that are being used are on or near schoolgrounds, playgrounds, parks and shopping areas;

AND WHEREAS the children and citizens of North Cowichan are vulnerable to these unsafe conditions taking place on or near these public places;

NOW THEREFORE Council directs staff to:

1. Review what other communities are doing to protect their children and citizens from exposure to drug use in public places, such as Campbell River, Nanaimo and Kamloops;
2. Engage whatever other agencies necessary to ensure that North Cowichan’s children and citizens remain safe while using public places and free from exposure to drug use; and,
3. Draft a Safe Public Places Bylaw restricting drug use in certain public places within North Cowichan’s municipal boundaries.”

12.

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.

13.

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.

14.

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.

15.

ADJOURNMENT

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