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| R1. | Report from the Development Services Division Re: Application No. 03-H-16RS (13271 Simpson Road/PID: 008-903-603)
| Recommendation |
That it be recommended to the Board:
1. That 1st and 2nd readings of “CVRD Bylaw No. 4194 – Electoral Area H – North Oyster/Diamond Official Community Plan Amendment Bylaw (13271 Simpson Road), 2018”, be rescinded.
2. That “CVRD Bylaw No. 4194 – Electoral Area H – North Oyster/Diamond Official Community Plan Amendment Bylaw (13271 Simpson Road), 2018”, be revised as set out in CVRD Bylaw No. 4194 attached as Attachment A to this report dated November 23, 2023.
3. That CVRD Bylaw No. 4194, as revised this day, be referred to the Board for consideration of 1st and 2nd readings.
4. That 2nd reading of “CVRD Bylaw No. 4195 – Electoral Area H – North Oyster/Diamond Zoning Amendment Bylaw (13271 Simpson Road), 2018”, be rescinded.
5. That “CVRD Bylaw No. 4195 – Electoral Area H – North Oyster/Diamond Zoning Amendment Bylaw (13271 Simpson Road), 2018”, be revised as set out in CVRD Bylaw No. 4195 attached as Attachment B to this report dated November 23, 2023.
6. That CVRD Bylaw No. 4195, as revised this day, be referred to the Board for consideration of 2nd reading.
7. That the applicants provide to the CVRD the following additional information at its expense for review by staff within 120 calendar days and consideration by the Board prior to a public hearing being scheduled for CVRD Bylaw No. 4194 and CVRD Bylaw No. 4195:
a. An updated Environmental Management Plan (EMP) prepared by an appropriate professional, which shall include information on how the EMP addresses the protection of the Cassidy Aquifer, and updated spill response procedures, specifically addressing the scenario of contamination of the groundwater.
b. A Stormwater Management Plan (SWMP) prepared by an appropriate professional, which includes a stormwater management system designed to supplement works already constructed and to retain all precipitation on-site. The plan shall specify the design standard (10-year occurrence interval recommended) of the proposed system. The plan shall also include a maintenance and monitoring plan for the proposed system, with a requirement for regular maintenance intervals, and each maintenance event (typically a clearing of the oils from oil-water separators) to be reported to the CVRD within 30 calendar days.
c. A Conditions and Impact Assessment prepared by a Qualified Environmental Professional (QEP) to assess and determine if any streams (as defined by the Riparian Areas Protection Regulation) or environmentally sensitive areas are on, or adjacent to, the subject property and to determine any corresponding watercourse and/or environmentally sensitive area setbacks.
d. A Fire Protection Report prepared by an appropriate professional that addresses the impact of the development on the subject property on fire services, which shall include the installation of firefighting water tank(s) with a minimum total capacity of 66,000 gallons with a fire hydrant or other appropriate connection for fire protection and a system designed for the catchment to be able to handle fire suppression activities.
8. That a revised draft covenant in favour of the CVRD be agreed to in writing by the applicants and the landowners within 180 calendar days that addresses the following, to be registered on the subject property if the CVRD adopts CVRD Bylaw No. 4194 and CVRD Bylaw No. 4195:
a. The establishment of an area on the subject property at the entrance of the subject property for after-hours scrap metal drop-offs from the public. This area shall be fully enclosed and screened with a 1.8-metre high solid fence.
b. Existing groundwater monitoring wells BH15-03 and BH15-01 be tested by the applicant at least every 12 months, with annual reporting to the CVRD.
c. The securing of the proposed works and measures in the plans and reports required to be provided by the applicant to the CVRD as set out above, including the installation and maintenance of any works and monitoring, testing and reporting requirements, as applicable.
9. That all costs associated with the preparation and registration of the covenant be borne by the applicant and paid to the CVRD if the CVRD adopts CVRD Bylaw No. 4194 and CVRD Bylaw No. 4195. |
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| R2. | Report from the Strategic Initiatives Division Re: Agricultural Policy and Planning
Delegation: Ione Smith, Upland Agricultural Consulting Ltd., Re: Presenting the Report from the Regional Agriculture Meeting and Recommendations for Next Steps
| Recommendation |
For direction. |
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| R3. | Report from the Development Services Division Re: Application No. SA21B10 (2006 Renfrew Road/PID: 003-924-637)
| Recommendation |
That it be recommended to the Board that proposed Lots A and B in Subdivision Application No. SA21B10 (2006 Renfrew Road, PID: 003-924-637) be exempted from the minimum parcel frontage requirement in accordance with Section 512 of the Local Government Act. |
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| R4. | Report from the Development Services Division Re: Application No. RZ21A02 (Holker Place/PID: 002-062-364)
| Recommendation |
That it be recommended to the Board for Application No. RZ21A02 (Holker Place/ PID: 002-062-364):
1. That an Official Community Plan Amendment Bylaw be forwarded to the Board for consideration of 1st reading to:
a. Re-designate the property from Rural Residential (RR) to Industrial; and
b. Update Schedule U Development Permit Area Maps to apply the following Development Permit Areas to the subject property: DPA 12 Industrial Development and DPA 13 Energy and Water Conservation; Greenhouse Gas Emissions Reductions.
2. That a Zoning Amendment Bylaw to the CVRD Development Permit Exemptions and Guidelines Bylaw No. 4485 be forwarded to the Board for consideration of 1st reading to introduce additional DPA 12 and DPA 13 guidelines.
3. That a draft Zoning Amendment Bylaw to the South Cowichan Zoning Bylaw No. 3520 be forwarded to the Board for consideration of 1st reading, to create a light industrial zone for the subject property; and
4. That prior to consideration of 2nd reading of the proposed amendment bylaws, the applicants, at their sole expense, be asked to provide to the CVRD the following additional information:
a. A geotechnical assessment by a qualified geotechnical engineer that identifies a safe buildable area for each proposed strata lot as well as the common property access route;
b. Proof of sewer, water and drainage servicing capability on the subject property for the proposed light industrial uses, including water licensing authorization for the use of surface and/or groundwater;
c. Testing of fill to establish a baseline for the property (regarding possible level of contamination); and
d. An environmental inventory/impact assessment report from a qualified professional relating to the impact of development on the natural environment and compliance with the Provincial Riparian Areas Protection Regulation (RAPR). |
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| R5. | Report from the Development Services Division Re: Application No. RZ23E01 (Appaloosa Way, PID 009-845-119, PID: 009-849-637, and PID: 009-849-581)
| Recommendation |
That it be recommended to the Board:
1. That the following information be provided to support Application No. RZ23E01 (Appaloosa Way, PID 009-845-119, PID: 009-849-637 and PID: 009-849-581):
a. A revised subdivision plan to demonstrate substantial compliance with DPA 1 (Riparian Protection), DPA 2 (Sensitive Ecosystem Protection) and DPA 4 (Aquifer Protection) design guidelines, including:
i. Modifications to minimize crossings of riparian areas and maximize the distance between roads and riparian areas.
ii. Modifications to minimize the number of proposed non-contiguous lots bisected by riparian areas.
iii. A revised map clearly differentiating TLC covenanted areas, P-2 Zoned Areas, Natural Boundaries of watercourses, Streamside Protection and Enhancement Areas (SPEAs), stream crossings, and proposed road networks.
iv. Setback information related to wells and septic discharge areas as set out in Island Health’s Subdivisions Standards;
v. Confirmation from a qualified BC Land Surveyor (ABCLS) of the minimum lot sizes (1 ha) after removal of the SPEAs associated with wetlands, watercourses and streams;
b. Confirmation from a qualified environmental professional (QEP) that:
i. The revised subdivision plan would have no adverse effect on the natural features, functions and conditions that support fish life processes in the 30 m riparian assessment area (where a non-contiguous lot (bisected by riparian areas) is unavoidable, recommendations from a QEP shall be provided to ensure that the development will not harm natural features, functions and conditions in the riparian assessment area).
ii. The revised subdivision plan will have no adverse effect on Western Toad Habitat.
c. Conceptual site plans showing building envelopes within allowable footprints, driveway access, sewerage & water infrastructure, and parking areas.
d. Details on proposed parkland dedication areas, including topographic and environmental constraints for the 2.8 ha of P-2 Zoned lands that are not within the covenant area.
e. Trail construction standards and locations within the proposed development to provide connectivity between subdivision blocks and the proposed park.
2. That following receipt of the information, Application No. RZ23E01 (Appaloosa Way, PID 009-845-119, PID: 009-849-637, and PID: 009-849-581), be referred to the following external agencies and First Nations:
a. Cowichan Tribes;
b. Lake Cowichan First Nation;
c. Penelakut Tribe;
d. Halalt First Nation;
e. Lyackson First Nation;
f. Stz'uminus First Nation;
g. Ministry of Transportation & Infrastructure;
h. Ministry of Forests;
i. Ministry of Environment and Climate Change Strategy;
j. Electoral Area E – Parks Advisory Commission (PAC);
k. Ministry of Water, Land and Resource Stewardship;
l. BC Hydro;
m. Electoral Area E – Advisory Planning Commission (APC); and
n. The Land Conservancy. |
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| R6. | Report from the Development Services Division Re: Proposed Bylaw No. 4539 to Amend Section 5.18(m) of Electoral Area B – Shawnigan Lake Zoning Bylaw No. 985
| Recommendation |
That it be recommended to the Board:
1. That CVRD Bylaw No. 4539 – Area B – Shawnigan Lake Zoning Amendment Bylaw (Suite Covenant Amendment), 2023, be forwarded to the Board for consideration of 1st and 2nd reading.
2. That public notice be undertaken in accordance with the Local Government Act and CVRD Bylaw No. 4483 – Development Application Procedures Bylaw, 2023. |
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| R7. | Report from the Development Services Division Re: Development Applications Procedures Bylaw Amendment Bylaw No. 4529
| Recommendation |
That it be recommended to the Board that Development Applications Procedures Bylaw Amendment Bylaw No. 4529, 2023, be forwarded to the Board for consideration of three readings and adoption. |
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| R8. | Report from the Utilities Division Re: Amend Bylaw No. 3711 Mill Springs Sewer System Establishment
| Recommendation |
That it be recommended to the Board:
1. That CVRD Bylaw No. 3711 (Mill Springs Sewer Service Establishment Bylaw, 2013) be amended to include the properties described in the Mill Springs Sewer System Service Area Certificates of Sufficiency dated November 3, 6 and 7, 2023.
2. That the amendment to Bylaw No. 3711 be forward to the Board for consideration of three readings and upon execution of the Mill Springs Extension Agreement and payment of the capacity connection fees, for adoption. |
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| R9. | Report from the Recycling & Waste Management Division Re: Amendment Bylaw No. 4527 – Curbside Collection Fee Adjustment
| Recommendation |
That it be recommended to the Board that “CVRD Bylaw No. 4527 - Garbage and/or Recyclable Materials Collection Amendment Bylaw, 2023”, be forwarded to the Board for consideration of three readings and adoption. |
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| R10. | Report from the Inspection & Enforcement Division Re: Building Permit Fees
| Recommendation |
For information. |
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| R11. | Report from the Inspection & Enforcement Division Re: Zero Carbon Step Code
| Recommendation |
That it be recommended to the Board that the CVRD remain consistent with provincial timelines and enforce the Zero Carbon Step Code as each phase is incorporated into the BC Building Code. |
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| R12. | Report from the Inspection & Enforcement Division Re: CVRD Fireworks Sale and Discharge Regulation Bylaw No. 4514, 2023
| Recommendation |
That it be recommended to the Board that CVRD Bylaw No. 4514 – Fireworks Sale and Discharge Regulation Bylaw, 2023, be considered for three readings and adoption. |
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| R13. | Report from the Strategic Initiatives Division Re: Complete Communities Grant Request for Resolution
| Recommendation |
That it be recommended to the Board:
1. That the CVRD apply for a grant from the Union of BC Municipalities to develop a Complete Community Assessment for all CVRD electoral areas as outlined in this staff report dated November 23, 2023, to the December 6, 2023, Electoral Area Services Committee; and
2. That the 2024 budget for function 325 (Community Planning) be amended, subject to grant approval to:
a. Increase grants by $150,000;
b. Increase expense (Strategic Initiatives – Consultants) by $75,000; and
c. Increase expense (Strategic Initiatives – Public Engagement) by $75,000. |
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| R14. | Report from the Strategic Initiatives Division Re: Bill 44 Housing Statutes (Residential Development) Amendment Act, 2023; Bill 46 Housing Statutes (Development Financing) Amendment Act; and Bill 47 Housing Statutes (Transit-Oriented Areas) Amendment Act
| Recommendation |
For information. |
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| R15. | Report from the Finance Division Re: Growing Communities Funds Projects
| Recommendation |
That it be recommended to the Board on December 13, 2023, that the Growing Community Funds be allocated to the Cowichan Community Centre roof replacement and the Stocking Lake Dam replacement as follows:
a. $1.299 million for the Cowichan Community Centre roof replacement;
b. $2.6 million for the Stocking Lake Dam replacement;
c. $50,000 to Initiate an Indigenous relations framework; and
d. $50,000 to upgrade Cowichan Community Centre. |
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