Municipality of North Cowichan
Regular Council
REVISED AGENDA

Wednesday, March 06, 2024 at 4:00 P.m. - 5:00 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 930 8487, 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 sections of the Community Charter.

• 90(1)(e) the acquisition, disposition or expropriation of land or improvements, which the council considers that disclosure could reasonably be expected to harm the interests of the municipality.
• 90(1)(j) information that is prohibited, or information that if it were presented in a document would be prohibited, from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act.

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

3.1.1

Late Items

3.2

Adoption of in-camera meeting minutes

3.3

In-camera meeting items

3.3.1

Closed under section 90(1)(e) Land + Harm: Potential Disposition

3.3.2

Closed under section 90(1)(e) Land + Harm: Lease Negotiations [Late Item]

3.3.3

Closed under section 90(1)(j) FOIPPA s. 21: Confidential Document [Late Item]

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 special and regular meetings held February 21, 2024.

4.1.2

Economic Development Committee Recommendation

Purpose: To receive the draft minutes from the February 23, 2024, Economic Development Committee meeting and to endorse the Committee’s recommendation regarding the Summary of the Circular Economy Accelerator Program.

• Recommendation:

  THAT Council support the continuation of the Circular Economy Accelerator Program and recommend that Council direct staff to:

  1. Provide a Letter of Intent to Synergy Foundation to signal our continued interest in program participation; and,
  2. Allocate $15,000 from the Climate Action and Energy Plan Reserve Fund for the Circular Economy Accelerator Program, to secure space for three North Cowichan businesses in the 2024 cohort and three North Cowichan businesses in the 2025 cohort.

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

EV Island re Neighbourhood Zero Emissions Vehicles

Purpose: To receive for information the February 22, 2024, letter from EV Island requesting a bylaw to support Neighbourhood Zero Emission Vehicles.

• Recommendation:

  That Council receive for information the February 22, 2024, letter from EV Island.

4.2.2

Western Canada, Restaurants Canada re Save BC Restaurants

Purpose: To receive for information the February 16, 2024, letter from Ian Tostenson, President, Western Canada, Restaurants Canada, requesting that Council consider policies that provide rebates, reduce licensing and permitting fees and expedite the approval processes for restaurant and foodservice vendors.

• Recommendation:

  THAT Council receive for information the February 16, 2024, letter from Ian Tostenson, President, Western Canada, Restaurants Canada. 

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

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.

7.1

Cowichan Valley Arts Council

Purpose: Elizabeth Croft, Managing Director, Cowichan Valley Arts Council, to present an overview of their recent activities.

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

Fees and Charges Amendment Bylaw No. 3954, and Sewer and Parcel Tax Amendment Bylaw No. 3955 for adoption

Purpose: To consider adoption of: 

1. Fees and Charges Amendment Bylaw No. 3954, 2024, which if adopted will 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 if adopted will 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. Adopt Fees and Charges Amendment Bylaw No. 3954, 2024; and,
  2. Adopt Sewer and Water Parcel Tax Amendment Bylaw No. 3955, 2024.

9.2

Zoning Amendment Bylaw No. 3913, 2024 for first three readings

Purpose: To introduce Zoning Amendment Bylaw No. 3913, 2024, which proposes to amend Zoning Bylaw No. 2950, 1997, to permit a detached accessory dwelling unit at 2524 Ashcroft Road.

• Recommendation:

  THAT Council deny Zoning Amendment Application ZB000196 to permit a detached accessory residential dwelling at 2524 Ashcroft Road as the property is outside the Urban Containment Boundary and does not meet the criteria set out in the Second Dwelling Rural Lands Policy.

9.3

Zoning Amendment Bylaw No. 3934, 2024 for first, second, and third reading

Purpose: To introduce Zoning Amendment Bylaw No. 3934, 2024, which proposes to amend Zoning Bylaw No. 2950, 1997 to permit a six storey multi-family residential building with approximately 52 units and a public park at 2999 Drinkwater Road. A staff presentation will be provided.

• Recommendation:

  THAT Council:

  1. Give first, second, and third reading to Zoning Amendment No. 3934, 2024; and,
  2. Direct staff to secure a satisfactory Purchase and Sale Agreement for $1,415,000 for 3,994 m² of land for the future Central Paddle Park prior to Council’s consideration of adoption of Bylaw No. 3934.

9.4

Zoning Amendment Bylaw No. 3958, 2024 for first three readings

Purpose: To introduce Zoning Amendment Bylaw No. 3958, which proposes to replace the ‘on-site location for garbage container’ provisions with new ‘on-site garbage, recycling and composting containers and enclosures’.  At the February 7, 2024 regular Council meeting, Council directed that a public hearing not be held per Section 464(2) of the Local Government Act.

(Note: A copy of the staff report and other supplemental documents can be found in the Feb.7/24 Council agenda) 

• Recommendation:

  THAT Council gives first, second and third reading to Zoning Amendment Bylaw No. 3958, 2023.

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

Private Service Water Request – Genoa Bay

Purpose: This report aims to introduce a request from a property owner for the installation and operation of a private water service that crosses and runs within a municipal road dedication. 

• Recommendation:

  THAT Council approve the request to install the private water service within the municipal road dedication from the intersection of Genoa Bay Road and Saltspring Road to 720 Saltspring Road, subject to the following conditions:

  1. The Proponent is responsible for all legal costs associated with the raising title to the impacted area and registration of the easement;
  2. The Proponent must adhere to the alignment of the proposed water service as defined by Engineering staff;
  3. The Proponent must obtain a Highway Construction Permit to carry out the work and all necessary permits from the Vancouver Island Health Authority; and,
  4. The Proponent is required to retain a qualified contractor and assume responsibility for all costs to complete the proposed works.

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.

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.

12.1

OCP Amendment Bylaw Application for 12.5 Ha Area North of Herd Road

Purpose: To consider the 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 that was deferred from the February 21, 2024 regular Council meeting.

• 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.

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.

13.1

Proposed Trans-Canada Highway Pedestrian Overpass

Purpose: For Councillor Justice to move the motions that were introduced at the February 21, 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 this 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.”

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.