Municipality of North Cowichan
Regular Council
AGENDA

Wednesday, February 21, 2024 at 5:00 P.m. - 6:00 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 2773 729 1432, 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.

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 special meeting held January 23, 2024 and the regular meeting held February 7, 2024.

2.1.2

Rowing Canada re Request for Grant Funding Support Letter

Purpose: To consider proving Rowing Canada letters of support for their grant applications to PacifiCan Tourism Growth Program and Island Coastal Economic Trust to establish a National Training Centre and new home for Canadian rowing on Quamichan Lake. 

• Recommendation:

  THAT Council authorize the Mayor to sign the draft letters of support provided by Rowing Canada Aviron to submit with their grant funding applications to establish a National Training Centre and a new home for Canadian rowing on Quamichan Lake to:

  1. PacifiCan Tourism Growth Program; and
  2. Island Coastal Economic Trust (ICET) Capital and Innovation Program.

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

City of Port Alberni re Resolutions for Consideration at the AVICC 2024 AGM & Convention

Purpose: To receive for information the January 9, 2024, resolution packages submitted to the Association of Vancouver Island Coastal Communities (AVICC) 2024 AGM & Convention from the City of Port Alberni.

• Recommendation:

  THAT Council receive for information the January 9, 2024, resolution packages from the City of Port Alberni.

2.2.2

Canadian Mental Health Association re The Coldest Night of the Year

Purpose: To receive for information the February 1, 2024, email from the Canadian Mental Health Association sharing information on The Coldest Night of the Year event, an annual fundraiser to support people experiencing hurt, hunger and homelessness.

• Recommendation:

  THAT Council receive for information the February 1, 2024, email from The Canadian Mental Health Association.

2.2.3

City of Campbell River re Community Safety Act and Community Safety Amendment Act

Purpose: To receive for information the February 2, 2024, letter from Kermit Dahl, Mayor of the City of Campbell River, calling for stronger support from the Province to address threats of crime and disorder within local communities.

• Recommendation:

  THAT Council receive for information the February 2, 2024, letter from Kermit Dahl, Mayor of the City of Campbell River.

2.2.4

City of Abbotsford re Request for Support of UBCM Resolution

Purpose: To receive for information the January 31, 2024, letter from Ross Siemens, Mayor of the City of Abbotsford, requesting support of their proposed resolution to the Union of BC Municipalities (UBCM) for additional detox beds to be added to the Fraser Health Region.

• Recommendation:

  THAT Council receive for information the January 31, 2024, letter from Ross Siemens, Mayor of Abbotsford.

2.2.5

Wounded Warrior Run BC re Request for Donation

Purpose: To receive for information the February 13, 2024, letter from Jacqueline Zweng, Director, Wounded Warrior Run BC, inviting Council to meet the team on March 2, 2024 and requesting that Council consider a minimum $2,000 donation towards the 11^th Annual Wounded Warrior Run.

• Recommendation:

  THAT Council receive for information the February 13, 2024, letter from Jacqueline Zweng on behalf of Wounded Warrior Run BC.

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.

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.

5.1

BC Hydro

Purpose: Stephen Watson and Ted Olynyk to address Council on BC Hydro’s future plans for accommodating growth due to the projected increase for electricity demand.

5.2

West Vista Terrace

Purpose: Evan Peterson, from Barefoot Planning & Design, to present an overview of their OCP amendment rationale, an overview of the project, and elaborate on key land use, growth management and planning/design.

6.

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.

7.

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.

7.1

Chemainus Business Improvement Area Bylaw No. 3931, 2023 for adoption

Purpose: To receive the results of the petition against the renewal of the Chemainus Business Improvement Area before considering the adoption of Chemainus Business Improvement Area Bylaw No. 3931, 2023.

• Recommendation:

  THAT Council:

  1. Receive the Certificate of Sufficiency for the establishment of the Chemainus Business Improvement Area as certified by the Deputy Corporate Officer; and,
  2. Adopt Chemainus Business Improvement Area Bylaw No. 3931, 2023.

7.2

Zoning Amendment Bylaw No. 3957 for adoption

Purpose: To consider adoption of Zoning Amendment Bylaw No. 3957, 2024 which will update the off-street loading space requirements.

• Recommendation:

  THAT Council adopt Zoning Amendment Bylaw No. 3957, 2024.

7.3

Fees and Charges Amendment Bylaw No. 3954, and Sewer and Parcel Tax Amendment Bylaw No. 3955 for first three readings

Purpose: To introduce:

1. Fees and Charges Amendment Bylaw No. 3954, 2024, which proposes to increase excess metered water rates, interment fees, and administrative fees, and to update some of the wording in the development application fees section; and,
2. Sewer and Water Parcel Tax Amendment Bylaw No. 3955, 2024, which proposes to increase sewer parcel taxes for Chemainus, Crofton, and South End sewer services and increase water parcel taxes for Chemainus and South End water services.

• Recommendation:

  THAT Council:

  1. Give first, second, and third readings to Fees and Charges Amendment Bylaw No. 3954, 2024; and,
  2. Give first, second, and third readings to Sewer and Water Parcel Tax Amendment Bylaw No. 3955, 2024.

8.

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.

8.1

OCP Amendment Application for 12.5 Ha Area North of Herd Road

Purpose: To consider an application to amend the Official Community Plan (OCP) by expanding the Urban Containment Boundary (UCB) and amending the “Future Growth Area” land use designation to facilitate a 12.5 Ha (31 acre) residential and mixed-use development north of Herd Road in the Bell McKinnon area.

• Recommendation:

  THAT Council:

  1. Deny application OCP00028 to amend Official Community Plan No. 3900, 2022 to expand the Urban Containment Boundary and change the Land Use Designation to facilitate rezoning for the subject property consisting of PIDs: 005-830-061; 005-649-404; 024-188-404; and 024-188-891; and,
  2. Direct staff to issue a refund of $9,750 (50%) of the total application fee.

8.2

Temporary Use Permit for 2876 Fuller Lake Road

Purpose: To consider issuance of Temporary Use Permit TUP00034 to permit “short-term single-day or multi-day events, including exhibitions, shows and sports” at 2876 Fuller Lake Road (Fuller Lake Arena).

• Recommendation:

  THAT Council issue TUP00034, as attached to the Manager of Planning’s February 21, 2024, report, to permit short-term, single-day, or multi-day events to be held at 2876 Fuller Lake Road.

8.3

Development Variance Permit at 3351 Auchinachie Road

Purpose: To consider a Development Variance Permit application to reduce the setbacks for the existing building, deck and heat pump to facilitate a 2-lot subdivision at 3351 Auchinachie Road.

• Recommendation:

  THAT Council authorize issuance of Development Variance Permit DVP00100 and grant variances to the following sections of Zoning Bylaw 1997, No. 2950 for 3351 Auchinachie Road (PID: 001-893-661) in accordance with the Site Plan with Variances dated July 28, 2023 (Attachment 4):

  1. Section 80.24 (5) by reducing the minimum rear-yard setback from 7.5m to 6.32m for an existing principal building, and from 7.5m to 3.84m for an existing deck; and,

  2. Section 35 (3) by reducing the minimum setback from 4.5m to 0.45m for an existing heat pump.

9.

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.

9.1

Proposed Trans-Canada Highway Pedestrian Overpass

Purpose: So that Councillor Justice may introduce the following motions which Council will consider at the March 6, 2024, regular Council meeting:

“WHEREAS it is Council’s goal to implement the active transportation priorities and safety objectives noted in the Official Community Plan and draft Master Transportation Plan;

AND WHEREAS Council wants to ensure a more welcoming, beautiful, pedestrian friendly and business enhancing environment that establishes a greater sense of connectivity between the east and west sides of the Trans-Canada Highway;

NOW THEREFORE be it resolved that the Ministry of Transportation and Infrastructure:

1. be advised that a pedestrian overpass is not supported as the preferred option for pedestrian and cycle crossing of the Trans-Canada Highway near the new high school,
2. be requested to consult with North Cowichan in having Ministry of Transportation and Infrastructure retain the services of an urban design firm to oversee the design of a highway crossing by a progressive transportation engineer that considers an at grade solution, with the goals of:
   1. facilitating a downtown-appropriate active transportation connection between east and west sides of the TCH corridor,
   2. achieving safety and traffic flow objectives,
   3. not adversely impacting local businesses, and
   4. being consistent with community goals of creating aesthetic, vibrant and human-scale ‘complete street’ environments.
3. be requested to reallocate the money that would be used for the construction of an overpass into the at grade intersection solution.
4. be requested to undertake public consultation with an at grade solution for community input.”

 “THAT Council refer the motion regarding the pedestrian overpass to North Cowichan’s regional partners, namely; School District No. 79, City of Duncan, Cowichan Valley Regional District, and Cowichan Tribes.”

10.

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.

11.

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.

12.

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.

13.

ADJOURNMENT

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