Post on 25-Apr-2022
AGENDA
District of Clearwater
Regular Council Meeting
Tuesday, June 4, 2019 @ 2:00 PM
Municipal Office- Council Chambers
Page
1. CALL TO ORDER
2. INTRODUCTION OF LATE ITEMS
3. ADOPTION OF AGENDA a) Agenda of June 4, 2019 Regular Council Meeting
Recommendation:
THAT the agenda for the June 4, 2019 Regular Council Meeting be approved as presented.
4. ADOPTION OF MINUTES 7 - 13 a) Minutes of Regular Council Meeting held May 21, 2019
Recommendation:
THAT the minutes of the Regular Council Meeting held May 21, 2019 be adopted.
Regular Council - 21 May 2019 DRAFT Minutes
5. UNFINISHED BUSINESS 14 - 15 a) Grant in Aid Request - Kamloops Disc Golf Club
Recommendation:
THAT Council approve the grant in aid request of $500 to the Kamloops Disc Golf Club for the 2019 Summer Solstice Disc Golf Tournament, to be expended from the 2019 Council Grant-in-Aid budget.
Staff Report Grant in Aid Disc Golflg b) Naloxzone Kits - Verbal Update
6. PUBLIC AND STATUTORY HEARINGS 16 - 29 a) Zoning Amendment Application No. RZ-19-02
Zoning Amendment Bylaw No. 211, 2019
DL 3854, KDYD, EXC 7371 & 13434 - 429 Haywood Road
Staff Report Public Hearing Bylaw 211 3rd reading RZ-19-02 30 - 38 b) Zoning Amendment Bylaw No. 212, 2019
Staff Report Public Hearing 3 Cannabis 2nd dwelling Bees
Public hearing submission Joanna Hurst 5-30-19
7. PRESENTATIONS / COMMUNITY EDUCATIONAL DISCUSSIONS a) Trans Mountain Expansion Project - Jasmine Devick, Community Liaison,
North Thompson
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b) "Better at Home" Program Delivery - Jack Keough, Executive Director,
Yellowhead Community Services and Susan Butcher, Child Care and Infant Development Program Manager
8. DELEGATIONS
9. MAYOR'S REPORT
10. COUNCIL REPORTS a) Councillor Barry Banford b) Councillor Lynne Frizzle c) Councillor Bill Haring d) Councillor Lyle Mackenzie e) Councillor Shelley Sim f) Councillor Lucy Taylor
11. COMMITTEE OF THE WHOLE MINUTES 39 - 42 a) Minutes of Economic Development Committee of the Whole Meeting held May
21, 2019
Recommendation:
THAT the minutes of the Economic Development Committee of the Whole Meeting held May 21, 2019 be received.
Economic Development Committee of the Whole DRAFT Minutes
12. COMMITTEE OF THE WHOLE REPORTS a) Economic Development – Councillor Sim
Next meeting July 9, 2019
Recommendation:
THAT each Councillor, on a bi-monthly rotating basis, prepare an article (up to 350 words relevant to the municipality) that reflects what they love about their community for the Community Newsletter.
Recommendation:
THAT Council direct Administration to work with the Thompson-Nicola Regional District with respect to developing a Housing Needs Report for the District of Clearwater.
Recommendation:
THAT Council direct Administration to move forward with developing a new Community Economic Development Strategic Plan, with the assistance of a facilitator, with funding to be provided from the Economic Development Reserve Fund.
Recommendation:
THAT Council direct staff to correspond with the local Internet Service Providers to understand where they are at with expansion of broadband and cell services; and
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THAT Staff be directed to bring a report to Council on the steps required towards the submission of a funding application for a Connectivity Infrastructure Strategy, to include funding requirements.
Recommendation:
THAT Council direct Administration to include a Futures Game in the Pub Night event scheduled for Small Business Week in October, 2019.
b) Infrastructure – Councillor Banford
Next meeting (earlier in day) August 20, 2019 c) Parks and Recreation – Councillor Frizzle
Next meeting June 18, 2019 d) Finance and Audit – Councillor Taylor
Next meeting December 3, 2019
13. STANDING COMMITTEE REPORTS a) Joint Services Advisory Committee – Councillor Banford
Next meeting July 8, 2019 b) Trails Task Force Committee – Councillor Haring
Next meeting June 11, 2019 c) Junior Council – Councillor Sim
Next meeting TBA d) Forestry Working Group - Councillor Haring
Next meeting (earlier in day)
14. COMMITTEE REPRESENTATION REPORTS a) Tourism Wells Gray – Councillor Mackenzie b) Wells Gray Community Forest Commission – Councillor Taylor
Thompson Rivers University:
Recommendation:
THAT a recommendation be forwarded to Council to provide the $150,000 from the Wells Gray Community Forest Commission funds to Thompson Rivers University in the amount of $150,000 for the Wells Gray Research and Education Centre project; and
THAT a Classroom be named in recognition of the Wells Gray Community Forest Corporation; and
THAT the funds are distributed upon receiving proof of building permit issuance for the modular office building.
Thompson-Nicola Regional District Area A:
Recommendation:
THAT a recommendation be forwarded to Council to provide the $50,000 from the Wells Gray Community Forest Commission funds to the Thompson Nicola Regional District (Area A) in the amount of $50,000 for the Ferry Road Picnic Shelter project; and
THAT the Wells Gray Community Forest logo be included as part of the Kiosk with a statement outlining the benefits of the Community Forest;
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and
THAT the funds are distributed upon receiving a project completion report with corresponding receipts.
Wells Gray Outdoors Club
Recommendation:
THAT a recommendation be forwarded to Council to provide the $44,000 from the Wells Gray Community Forest Commission funds to the Wells Gray Outdoors Club in the amount of $44,000 for the years of 2019 and 2020 for the Mountain Bike Trail Construction project; and
THAT recognition be given to the Wells Gray Community Forest Corporation at the trail head; and
THAT the funds are distributed upon receiving a project completion report to include corresponding receipts.
15. STAFF REPORTS 43 - 46 a) Reginald Small Park Cenotaph Project
Recommendation:
THAT Council waive the purchasing policy and award a contract to On Call Construction for concrete work in the amount of $12,537.37 plus GST, with the funds to be allocated from the 2019 Parks Capital budget.
Staff Report Reginald Small Park Project 47 - 59 b) Development Permit Application No. DP-19-01
Lot 2, District Lot 1680, KDYD, Plan EPP63460
272 Glen Road (Miller)
Recommendation:
THAT Development Permit No. DP-19-01 be issued for the parcel at 272 Glen Road (legally described as Lot 2, District Lot 1680, KDYD, Plan EPP63460.
Staff Report DP-19-01 for 272 Glen Rd
Development Permt for DP-19-01
16. BYLAWS 60 - 65 a) Bylaw No. 201, 2019 - Regulation of Smoking / Vaping in Public Spaces
Recommendation:
THAT District of Clearwater Smoking and Vaping Regulation Bylaw No. 201, 2019 be adopted.
Bylaw No. 201, 2019 Smoking and Vaping Regulation 66 - 68 b) Zoning Amendment Application No. RZ-19-02
Zoning Amendment Bylaw No. 211, 2019
DL 3854, KDYD, EXC 7371 & 13434 - 429 Haywood Road
Recommendation:
THAT Zoning Amendment Bylaw No. 211, 2019 be read a third time.
Bylaw No. 211 2019 - RZ-19-02 429 Haywood Road
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69 - 71 c) Bylaw No. 212, 2019 - Zoning Amendment
Recommendation:
THAT Zoning Amendment Bylaw No. 212, 2019 be read a third time.
Recommendation:
THAT Zoning Amendment Bylaw No. 212, 2019 be adopted.
Bylaw No. 212 - Zoning Amendment for Cannabis Beekeeping 72 - 73 d) Bylaw No. 213, 2019 - Business Licensing and Regulation Amendment
Recommendation:
THAT Business Licensing and Regulation Amendment Bylaw No. 213, 2019 be read a second time.
Recommendation:
THAT Business Licensing and Regulation Amendment Bylaw No. 213, 2019 be read a third time.
Bylaw No. 213 2019 - Business Licence Amendment Bylaw 74 - 75 e) Bylaw No. 214, 2019 - Development Procedures Amendment
Recommendation:
THAT Development Procedures Amendment Bylaw No. 214, 2019 be read a third time.
Bylaw No. 214, 2019 - Amendment to Bylaw 118 re Cannabis 76 - 78 f) Liquor and Cannabis License Referrals Policy No. 1902
Recommendation:
THAT Liquor and Cannabis License Referrals Policy No. 1902 be adopted.
Policy No. 1902 Liquor Cannabis License Referrals
17. CORRESPONDENCE - RESPONSE REQUIRED
18. CORRESPONDENCE - INFORMATION ITEMS 79 a) Access Awareness Day - June 1, 2019
Access Awareness Day - June 1 2019
19. NOTICE OF MOTION
20. OTHER BUSINESS
21. COMMENTS FROM THE PUBLIC a) This is an opportunity for the gallery to ask questions regarding matters
discussed during the current meeting.
22. SPECIAL BUSINESS (IN CAMERA) a) Move In Camera
Recommendation:
THAT the meeting be closed to the public pursuant to Section 90(1)(a) of the Community Charter to discuss matters relating to personal information about an identifiable individual who holds or is being considered for a position
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as an officer, employee or agent of the municipality or another position appointed by the municipality.
23. ADJOURNMENT a) Adjourn Meeting
Next meeting date: June 18, 2019
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MINUTES
District of Clearwater
Regular Council Meeting
Tuesday, May 21, 2019 @2:00 PM
Municipal Office- Council Chambers
COUNCIL PRESENT: Merlin Blackwell, Mayor
Barry Banford, Councillor
Lynne Frizzle, Councillor
Bill Haring, Councillor
Lyle Mackenzie, Councillor
Shelley Sim, Councillor
Lucy Taylor, Councillor
COUNCIL ABSENT:
STAFF: Leslie Groulx, Chief Administrative Officer
Roxanne Shepherd, Director of Finance
Rhonda West, Deputy Corporate Officer
MEDIA & PUBLIC: 5 Public
1. CALL TO ORDER
2. INTRODUCTION OF LATE ITEMS
3. ADOPTION OF AGENDA a) Agenda of May 21, 2019 Regular Council Meeting
RES-127-2019
Moved by Bill Haring, seconded by Lucy Taylor
THAT the agenda for the May 21, 2019 Regular Council Meeting be approved with the following additions:
20. OTHER BUSINESS
a) CSS Girls Soccer
b) Ministry of Transportation and Infrastructure (MOTI)
CARRIED
4. ADOPTION OF MINUTES a) Minutes of Regular Council Meeting held May 7, 2019
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Regular Council - May 21, 2019
RES-128-2019
Moved by Lucy Taylor, seconded by Lyle Mackenzie
THAT the minutes of the Regular Council Meeting held May 7, 2019 be adopted.
CARRIED b) Minutes of Special Council Meeting held May 9, 2019
RES-129-2019
Moved by Barry Banford, seconded by Bill Haring
THAT the minutes of the Special Council Meeting held May 9, 2019 be adopted.
CARRIED
5. UNFINISHED BUSINESS a) Clearwater River Trail MOU and Partnership Agreement
Council noted that a brief to UBCM on trail maintenance would be in order.
RES-130-2019
Moved by Barry Banford, seconded by Bill Haring
THAT further discussion be undertaken to allow for a full understanding of the liability and financial ramifications of entering into a Partnership Agreement with Recreation Sites and Trails BC regarding the Clearwater River Trail.
CARRIED
6. PUBLIC AND STATUTORY HEARINGS
7. PRESENTATIONS - COMMUNITY EDUCATIONAL DISCUSSIONS a) Clearwater Internet - Malcolm Shattock, Director of Operations, Mascon
Malcolm Shattock, Director of Operations, Mascon, provided Council members with background information and investment in Clearwater from 2017 to 2019.
b) Clearwater R.C.M.P. Quarterly Report - Sgt. Grant Simpson
Sgt. Grant Simpson provided the fourth quarterly report covering January - March, 2019.
8. DELEGATIONS a) Kamloops Disc Golf Club - Dennis and Amelia Greffard
Dennis Greffard provided a history of the Kamloops Disc Golf Club and details
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Regular Council - May 21, 2019
regarding the 2019 Solstice event in June, 2019. The club is requesting financial assistance in the amount of $500. As per policy, Administration will prepare a report and recommendation and the matter will come back to Council at the next Regular Council meeting.
9. MAYOR'S REPORT a) Committee Appointments
A draft of the Mayoral appointments to the Committees of the District of Clearwater was presented.
The Mayor reported on the following:
• Attended the hospital tour
• Special Council Meeting
• MLA Meeting
• Trans Mountain Security Meeting
• Agenda setting
• TNRD Meetings
• Participated in Mayday Float and Parade
RES-131-2019
Moved by Lynne Frizzle, seconded by Lyle Mackenzie
THAT Council approves the Mayoral appointments to the Committees of the District of Clearwater (Committees of the Whole, internal and external) for a six (6) month term effective July 1, 2019 to December 31, 2019 as presented.
CARRIED
10. COUNCIL REPORTS a) Councillor Barry Banford
• Special Council Meeting
• Participated in Mayday Float and Parade b) Councillor Lynne Frizzle
• Special Council Meeting
• Evergreen Acres Block Party
• Participated in Mayday Float c) Councillor Bill Haring
• Special Council Meeting d) Councillor Lyle Mackenzie
• Special Council Meeting
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Regular Council - May 21, 2019
• Participated in Mayday Float and Parade e) Councillor Shelley Sim
• Evergreen Acres Block Party
• Junior Council Meeting
RES-132-2019
Moved by Shelley Sim, seconded by Merlin Blackwell
THAT a letter of appreciation be sent to Rotary Club of Clearwater for organizing the 2019 Mayday Parade.
CARRIED f) Councillor Lucy Taylor
• Special Council Meeting
• Participated in Mayday Float and Parade
11. COMMITTEE OF THE WHOLE MINUTES a) Minutes of Finance & Audit Committee of the Whole Meeting held May 7, 2019
RES-133-2019
Moved by Bill Haring, seconded by Lyle Mackenzie
THAT the minutes of the Finance & Audit Committee of the Whole Meeting held May 7, 2019 be received.
CARRIED
12. COMMITTEE OF THE WHOLE REPORTS a) Economic Development – Councillor Sim
Next meeting (earlier in day) July 9, 2019 b) Infrastructure – Councillor Banford
Next meeting June 4, 2019 c) Parks and Recreation – Councillor Frizzle
Next meeting June 18, 2019 d) Finance and Audit – Councillor Taylor
Next meeting December 3, 2019
13. STANDING COMMITTEE REPORTS a) Joint Services Advisory Committee – Councillor Banford
Next meeting July 8, 2019 b) Trails Task Force Committee – Councillor Haring
Next meeting June 11, 2019 c) Junior Council – Councillor Sim
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Regular Council - May 21, 2019
Next meeting TBA d) Forestry Working Group - Councillor Haring
Next meeting June 4, 2019
14. COMMITTEE REPRESENTATION REPORTS a) Tourism Wells Gray – Councillor Mackenzie
Next meeting June 5, 2019 b) Wells Gray Community Forest Commission – Councillor Taylor
Next meeting May 29, 2019
15. STAFF REPORTS a) CAO Report - April, 2019
The CAO Report was reviewed and received for information. b) Mutual Aid Agreements - Blackpool / Vavenby
RES-134-2019
Moved by Lyle Mackenzie, seconded by Shelley Sim
THAT Council approves the District of Clearwater entering into a Fire Protection Mutual Aid Agreement with the Thompson Nicola Regional District who operates the Vavenby Volunteer Fire Department starting 1st day of July 2019 for the term of five (5) years expiring on the 30th day of June, 2024.
CARRIED
RES-135-2019
Moved by Barry Banford, seconded by Bill Haring
THAT Council approves the District of Clearwater entering into a Fire Protection Mutual Aid Agreement with the Thompson Nicola Regional District who operates the Blackpool Volunteer Fire Department starting 1st day of July 2019 for the term of five (5) years expiring on the 30th day of June, 2024.
CARRIED c) Asset Management Strategy
The District of Clearwater embarked on Asset Management programming in 2015 and an update was done in 2018. Council noted that this be a topic taken to UBCM regarding downloading.
RES-136-2019
Moved by Shelley Sim, seconded by Bill Haring
THAT Council adopts the revisions to the Asset Management Strategy dated April, 2019 as presented at the Regular Council meeting held on May 21, 2019.
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Regular Council - May 21, 2019
CARRIED d) 2018 Carbon Neutral Progress Report
For Information Only
16. BYLAWS a) Bylaw 201, 2019 - Regulation of Smoking / Vaping in Public Spaces
RES-137-2019
Moved by Lyle Mackenzie, seconded by Bill Haring
THAT Bylaw 201, 2019 a Bylaw to Regulate Smoking and Vaping in the District of Clearwater be introduced and read a first time.
CARRIED
RES-138-2019
Moved by Lynne Frizzle, seconded by Lucy Taylor
THAT Bylaw 201, 2019 a Bylaw to Regulate Smoking and Vaping in the District of Clearwater be read a second and third time.
CARRIED
17. CORRESPONDENCE - RESPONSE REQUIRED
18. CORRESPONDENCE - INFORMATION ITEMS a) Letter from Ministry of Municipal Affairs and Housing re Affordable Housing
Partnerships b) News Release re Safety of Take-Home Drug Checking Kits
RES-139-2019
Moved by Shelley Sim, seconded by Bill Haring
THAT Council direct Administration to investigate and provide a report on the potential of supplying naloxzone training kits for District staff and municipal contractors that work with the public.
CARRIED c) Invitation from North Thompson Communities Foundation - May 26, 2019
Please inform Deputy Corporate Officer if you will be attending d) Thank You from Dr. Helmcken Memorial Hospital Auxiliary e) Letter from City of Burnaby re Expanding Investment Opportunities f) Thompson-Nicola Regional District Building Inspection Services - April, 2019
19. NOTICE OF MOTION
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Regular Council - May 21, 2019
20. OTHER BUSINESS a) CSS Girls Soccer
Councillor Lucy Taylor declared a pecuniary interest as her daughter is a member of the CSS Girls Soccer team and excused herself from participating or voting in the following Council business item.
The Clearwater Secondary School Girls Soccer team will be competing in Provincials.
RES-140-2019
Moved by Shelley Sim, seconded by Bill Haring
THAT Council provide a grant in aid of $500 to the Clearwater Secondary School Girls Soccer team for travel expenses to attend the 2019 Provincial soccer championship.
CARRIED Councillor Taylor re-joined the meeting.
b) Ministry of Transportation and Infrastructure (MOTI)
A concern was expressed with respect to u-turns being made in the no u-turn zone along Highway 5 across from BuyLow. Administration will follow-up with MOTI and the developers regarding the status of a right-in right-out to BuyLow.
21. COMMENTS FROM THE PUBLIC a) This is an opportunity for the gallery to ask questions regarding matters
discussed during the current meeting.
22. SPECIAL BUSINESS (IN CAMERA)
23. ADJOURNMENT a) Adjourn Meeting
There being no other business, the Regular Council meeting scheduled for Tuesday, May 21, 2019 adjourned at 3:40 p.m.
The next Regular Council Meeting is scheduled for Tuesday, June 4, 2019.
Mayor Corporate Officer
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District of Clearwater
Report to Council
DATE: June 4, 2019 TO: Mayor & Council CC: Leslie Groulx, Chief Administrative Officer FROM: Roxanne Shepherd, Director of Finance SUBJECT: Grant in Aid Request – Kamloops Disc Golf Club
Request for: Direction Decision Information Only
Recommendation:
That Council approve the grant in aid request of $500 to the Kamloops Disc Golf Club for the 2019
Summer Solstice Disc Golf Tournament to be expended from the 2019 Council Grant-In-Aid
budget.
Roxanne Shepherd Director of Finance
Approved for Council Consideration
CAO
Background:
At the May 21, 2019 regular meeting of Council, Mr. Dennis Greffard from the Kamloops Disc Golf Club
presented a request for a $500 grant in aid to support the 2019 Summer Solstice Disc Golf Tournament
to be held at the Wells Gray Golf & RV Resort.
Discussion:
This request would fall under the “Grants-in-Aid” policy 2008-02 which is specific to local clubs, groups,
non-profit organizations and charities. Under the policy, “Where clubs or organizations host conventions
or special events, inviting and/or attracting out of town participants, Council may consider a grant, which
may be monetary or in kind, to assist in the organizing or hosting of the event. Each application will be
“judged on its own merit.” As a non-profit organization hosting a tournament in Clearwater, the request
from The Kamloops Disc Golf Club fits within the Grants-in-Aid policy.
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Staff Report – Grant In Aid Disc Golf Page 2 of 2
Strategic Priorities:
This request fits under two of Council’s 2017 strategic priorities. Economic Development is Priority #4
and Parks & Recreation & Healthy Living are Priority #5.
Financial Impact:
Last year’s event saw 66 players along with families and friends staying in Clearwater for 3-7 days. With
the economic impact calculator, last year’s benefit to the area was approximately $42,000, based on an
average 3 night stay. This year there are 72 seats available and the event is expected to sell out.
Council has a $5,000 grant in aid budget for 2019. There is currently $3,400 remaining in the budget.
Communication to the Public (who need to know?):
Council decisions are posted on the District website, in the What’s Happened column and on Facebook.
Further the Kamloops Disc Golf Club will be notified of the decision and follow up requirements once
approved.
Options:
• Option 1 - That Council approve the request to a grant in aid of $500 to the Kamloops Disc
Golf Club for the 2019 Summer Solstice Disc Golf Tournament to be expended from the
2019 Council Grant-In-Aid budget.
• Option 2 – That Council direct staff to bring back a report with additional options
• Option 3 – That Council direct staff to correspond with the club thanking them for their services to
the community and congratulate them for their initiative in hosting a disc golf tournament.
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Development Services
COUNCIL REPORT
TO: Mayor and Council DATE: May 29, 2019
FROM: A. Krause, Manager of Planning Services
SUBJECT: Zoning Amendment Application No. RZ-19-02 Zoning Amendment Bylaw No. 211, 2019 District lot 3854, KDYD, except Plans 7371 & 13434, PID: 013-216-058 “Property”
429 Haywood Road (Chambers)
RECOMMENDATIONS:
The public hearing input and report be considered and, if no amendments are proposed:
That Zoning Amendment Bylaw No. 211, 2019, be read a third time.
A. KRAUSE, MCIP Manager of Planning Services
Approved for Council Consideration CAO
SUMMARY:
The owners of 429 Haywood Road have applied to
rezone a 7.5 ha portion of the larger 50 ha subject
Property from RL-1: Rural to C-4: Recreational
Commercial to permit traveller accommodation use.
The owners are proposing to construct 10 one
and/or two-bedroom cabins to be used year round
as vacation rentals. In addition (over the longer
term), the applicants wish to construct a small tea
house for guests staying at the cabins. The RL-1
portion of the property will continue to be used for
rural residential.
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May 29, 2019 Page 2 of 7
Subject: Zoning Amendment Application No. RZ-19-02 Amendment Bylaw No. 211, 2019
Staff support the proposed rezoning but recommend that a site-specific amendment be added
limiting traveller accommodation use to a maximum of 15 tourist cabins and allowing for one tea
house in the C-4 portion of the Property. No other principal uses in the C-4 would be permitted, but
accessory uses (accessory buildings, and one caretaker dwelling unit) would still be permitted. This
is to ensure that the scale of development remains in line with the OCP and is appropriate for the
rural setting.
BACKGROUND:
• Location 429 Haywood Road
• Present zoning / use RL-1: Rural
• Proposed zoning / use RL-1: Rural (42 ha) & C-4: Recreational Commercial (7.5 ha)
• OCP Designation Rural Resource
• Lot area 50 ha (122 acres) – 7.5 ha of which are proposed for rezoning
• Application date March 21, 2019
Site Description/History
The Property is located at 429 Haywood Road. It
is 50 ha in area, zoned RL-1: Rural and is largely
vacant. There is one existing residential dwelling
in the southeastern corner of the property. The
southern third of the property is relatively flat. In
the centre of the property is a steeper slope and
then it flattens out into a bench along the northern
boundary. There is a small creek running through
the southwest corner of the land.
Adjacent lots to the south and east are zoned CR-
1: Country Residential with rural residential uses. To the west is RL-1 zoned residential and to the
north is managed community forest and woodlands.
The Property was previously the subject of two subdivision applications. In 1994, a 4-ha lot at the
southern end of the Property was successfully subdivided off. In 2007, another subdivision
application was submitted but was never completed.
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May 29, 2019 Page 3 of 7
Subject: Zoning Amendment Application No. RZ-19-02 Amendment Bylaw No. 211, 2019
Proposed Development / Zoning
The applicants are proposing to rezone a 7.5 ha
(18.5 acres) portion of the larger 50 ha (123 acre)
Property from RL-1 to C-4 to enable traveller
accommodation use in the form of 10 one and/or
two-bedroom cabins. The cabins would be
situated in a wooded area overlooking a lavender
field and would be rented out year-round. In
addition, the owners are proposing (over the long
term) to construct a small tea house where they
could provide refreshments and light snacks to
guests staying at the cabins. Finally, if the
rezoning is approved, the owners propose to
convert the existing dwelling (located on the
portion of the Property proposed for C-4 zoning)
into a cabin for rent and build a new home on the
RL-1 zoned portion of the Property.
PLANNING CONSIDERATIONS:
Official Community Plan (OCP)
The subject Property is designated Rural
Resource in the District of Clearwater OCP. The Rural Resource designation is intended for lands
located outside of the urban core that will preserve large lot rural residential development on the
unserviced periphery of the municipality. The Rural Resource designation does not specifically
mention commercial as an allowable use. However, Policy (i) under the OCP’s Commercial section
5.4 makes an exception for certain types of commercial to be located in areas designated as Rural
Resource (see below).
Policy (i), Commercial Designation:
Despite not being designated Commercial on Land Use Strategy map 1, Council can
consider zoning for localized smaller commercial undertakings – existing or future – in
areas designated Rural Resource. Such cases may not require an OCP amendment;
however, this is provided such commercial use is appropriate to the rural or residential
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May 29, 2019 Page 4 of 7
Subject: Zoning Amendment Application No. RZ-19-02 Amendment Bylaw No. 211, 2019
context and the undertaking does not undermine existing commercial core areas (i.e. draw
customers as a destination retail outlet).
In this case, the applicants feel that their proposal is in line with the OCP in that the proposed use
is reliant on maintaining the rural feel of the Property. They do not believe that it would impact
existing commercial core areas as they intend to market to a specific clientele looking for a different
type of tourist accommodation experience with a higher price point. The proposed use will not
include retail commercial which the OCP directs to existing commercial core areas.
Staff agree that the proposed commercial enterprise (cabin rental) is appropriate for a rural location
and note that there is already a similar commercial enterprise zoned C-4 on Barber Road which
rents out cabins seasonally. Given the scale and type of commercial use (up to 15 rental cabins
and a small tea house), the proposed amendment is considered to be consistent with OCP policy.
Council can require an OCP amendment and additional consultation if it believes that this proposal
is not a “localized smaller commercial undertaking” as described in Policy 5.4(i).
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May 29, 2019 Page 5 of 7
Subject: Zoning Amendment Application No. RZ-19-02 Amendment Bylaw No. 211, 2019
Zoning
The portion of the Property proposed for C-4: Recreational Commercial zoning would meet the
required minimum lot size of 1 ha (2.5 acres) for a lot not serviced by a community water system or
a community sanitary sewer system. The portion of the Property that will remain zoned RL-1 also
meets the minimum lot size of 4 ha.
Under the C-4 zone there is a maximum lot coverage of 40% but no other density limit to the number
of units. As a result, the large area proposed for C-4 could, by zoning, potentially accommodate
upwards of 80 to 100 or more cabins (topography, setbacks and other factors notwithstanding).
Development on that scale would not be considered appropriate in the rural context and would go
against OCP policy – that would be supportable in a commercial area but not a rural neighbourhood.
For that reason, staff are recommending that a site-specific amendment be included which would
limit the number of cabins permitted on the C-4 portion of the lot to no more than 15, and allow for
a tea house. If the owner wishes to expand further in the future, they can apply to Council for
another zoning amendment (and likely OCP amendment) with new public input process.
Utilities
In accordance with Subdivision and Development Servicing Standards Bylaw No. 168, the Property
is located in service level area 3. As the development is located more than 150m from the District’s
sewage collection system, connection to the District’s sanitary sewer system is not required, but
certification from a qualified professional stating that an onsite sewage treatment and disposal
system that fully complies with Provincial standard is feasible is required. The applicant has
provided a letter from a Registered On-site Wastewater Practitioner certifying that the Property is
of sufficient size to accommodate a commercial size wastewater disposal system and a reserve
area for a replacement.
A private water supply system will also be required. The nearest connection to the District water
system is located more than 500m away and it is therefore not feasible to require a connection in
this case.
Riparian Areas Regulation
A small creek running through the southwestern corner of the Property is within Development Permit
(DP) Area 2: Riparian Areas Regulation (RAR) as outlined in Section 7.4 of the OCP. This is not
within the area proposed to be rezoned. A DP is therefore not required as part of this rezoning.
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May 29, 2019 Page 6 of 7
Subject: Zoning Amendment Application No. RZ-19-02 Amendment Bylaw No. 211, 2019
Should the owner wish to develop that portion of the Property in the future, they will be required to
submit a Development Permit Application.
Hazard Lands
According to the OCP Hazard Lands map, there are slopes greater than 30% running through the
center of the Property in an east/west orientation. These lands do not appear to be within the site
proposed for rezoning and development. However, if there is any question as to the safety of the
site proposed for development, the building inspector may require that a geotechnical report from
a professional engineer or geoscientist be submitted prior to building permit approval.
Building
There is one Building Permit on file for an addition to the existing dwelling. This was given final
occupancy. There is no Permit on file for the construction of the original dwelling. The Building
Inspector has no issue with the proposed cabins but has outlined some of the Building Code
requirements for their construction (see referrals section below).
Neighbourhood Notice:
Notice of the proposed zoning amendment was sent on May 13, 2019 to all owners and residents
within 100 metres of the subject Property. Notice was also advertised in the Clearwater Times on
May 23rd and May 30th. To date of this report, one written response has been received and is
attached hereto for Council consideration.
REFERRALS AND LIAISON:
• Ministry of Transportation and Infrastructure (MoTI) has no objections to the proposal but
indicates that, in accordance with section 52 of the Transportation Act, formal bylaw approval
by MoTI is required prior to final adoption.
• Interior Health (IH) has indicated that the proposed accommodation would require a
sustainable sewer system and a safe drinking water supply system. IH further encourages the
expansion of existing larger water systems rather than creating small water systems. Finally, IH
encourages the promotion of healthy lifestyles as part of this development.
• District Public Works has indicated that their interests are unaffected by this proposal.
• District Fire Chief has provided the following comments:
Page 21 of 79
May 29, 2019 Page 7 of 7
Subject: Zoning Amendment Application No. RZ-19-02 Amendment Bylaw No. 211, 2019
o Ensure that the road access serving the proposed cabins is wide enough to support Fire
Apparatus.
o Ensure that an area is available for the staging of emergency operations which can
accommodate the placement and maneuvering of larger vehicles.
o As there is no fire hydrant in the vicinity, water shuttling operations would be necessary
in the event of a fire.
• Building Inspection Services has the following comments:
o Separate TNRD Building permits are required for all new structures on the property
o As the cabins are proposed to be used year-round, they will have to meet all the Building
Code requirements for a Single-Family Dwelling including the energy efficiency, heating
and mechanical ventilation requirements
o Home Warranty (HPO) approval from BC Housing is required for each dwelling (cabin)
or a written exemption from BC Housing may be possible
o Existing house on the property will require full certification from BC Registered
Professionals to meet current BC Code including HPO approval if a valid and completed
TNRD Building Permit is not found on record
o Minimum Spatial Separation is estimated to be at least 5 metres between buildings to
allow for a minimum of 7 percent glazing on exposed building faces
o Full Structural engineering and a report from a Certified Energy Advisor is required for
any log buildings
o Architectural, Structural and/or Geotechnical engineering may be required depending
on building(s) design/construction/materials and the property’s existing
soils/slopes/topography
o Design and approvals for sewage disposal and water supply system(s) for the
development are required to be submitted for building permits
List of Attachments:
• Location Map
• Official Community Plan Designation Map
• Zoning Map
• Aerial Photo
• Site Plan submitted by Applicant
• Letter dated March 08, 2019 from OnCall
• Letter received by email May 25, 2019 from L & G Capostinsky
• Zoning Amendment Bylaw No. 211, 2019
Page 22 of 79
Page 23 of 79
Page 24 of 79
Page 25 of 79
Page 26 of 79
Site Plan submitted by Applicant
Page 27 of 79
Page 28 of 79
Page 29 of 79
Planning Services
COUNCIL REPORT
TO: Mayor and Council DATE: May 30, 2019
FROM: Manager of Planning Services
SUBJECT: Zoning Bylaw Amendment Bylaw No. 212
Amendments to Cannabis, Second Dwelling Regulations, and regulations
pertaining to the keeping of bees.
RECOMMENDATION:
The Public Hearing input and report be considered and, if no amendments are proposed:
1. THAT Zoning Amendment Bylaw 212, 2019 be read a third time.
2. THAT Zoning Amendment Bylaw 212, 2019 be adopted.
3. THAT Business Licensing and Regulation Amendment Bylaw 213, 2019 be read a
second time.
4. THAT Business Licensing and Regulation Amendment Bylaw 213, 2019 be read a third
time.
5. THAT Development Procedures Amendment Bylaw 214, 2019 be read a third time.
6. THAT Liquor and Cannabis License Referrals Policy No. 1902 be adopted.
SUMMARY
This report is further to Council direction on April 2nd to consider minor amendments to Zoning
Bylaw 133 pertaining to cannabis regulation. The proposed amendments will 1) ensure
concordance with federal legislation, 2) improve clarity, 3) add requirements specific to ‘craft’
cannabis production facilities less than 200 metres in area, and 4) permit cannabis retail in the C-
1:General Commercial and MX-1: Riverside Centre Mixed Use zones.
In conjunction with these Cannabis related changes for Council’s consideration are the following:
A. KRAUSE, MCIP Manager of Planning Services
Approved for Council Consideration
CAO
Page 30 of 79
May 30, 2019 Page 2 of 7
Subject: Zoning Amendment Bylaw 212, 2019 (Cannabis, second dwelling, and bee keeping
• Amendments to the District of Clearwater Business Licensing and Regulation Bylaw
No. 124, 2014. Bylaw amendment No. 213, 2019 proposes to update the business license
bylaw to include new definitions pertaining to cannabis retail and production and establish a
license fee pertaining to cannabis retail specifically.
• Amendments to the District of Clearwater Development Procedures Bylaw No. 118,
2014. Bylaw amendment No. 214, 2019 proposes to update the Development Procedures
bylaw to include wording relating to cannabis applications and to establish application fees for
new cannabis licenses and amendments to existing cannabis licenses.
• Establishment of a Liquor and Cannabis License Referral Policy. The proposed policy
would establish procedures and criteria for evaluating any Liquor or Cannabis License
Application that is referred by the Province to the District for consideration. At Council’s
direction, criteria include a limit on the total number of cannabis retail stores in the District and
required distance separation from schools and developed parks.
These proposed changes are discussed in more detail below and the draft documents in their
entirety are attached for consideration.
Bylaw 212 also includes minor amendments to Zoning Bylaw 133 pertaining to the following:
• Additional dwellings - Recent ALC changes which have further restricted the construction
of second dwellings on ALR land. This impacts, among other things, the District’s existing
regulations pertaining to temporary dwellings for caregiving. The minor amendments
proposed are intended to align with new ALC regulations to avoid confusion.
• Bee Keeping - In light of the District of Clearwater receiving Bee City designation, minor
amendments are proposed that are intended to clarify regulations pertaining to the keeping of
bees in residential areas.
1. AMENDMENTS TO CANNABIS REGULATION
Background
In the wake of legalization of recreational cannabis on October 17, 2018 and the rolling out of
federal and provincial regulation, it was expected that Bylaw changes would be necessary. At the
April 2nd Council meeting, the Council was presented with options relating to cannabis regulation
and directed staff to proceed with bylaw amendments.
Discussion
The proposed changes will improve overall clarity and bring the bylaw into concordance with
federal legislation. It further proposes a reduction in the required lot area for “craft” or micro scale
production facilities that are no more than 200 square metres in area. Retail sale of cannabis is
proposed to be permitted within the C-1 and MX-1 zones, hence a coinciding policy has been put
forward for consideration that would establish a standard set of criteria for evaluating all referrals
Page 31 of 79
May 30, 2019 Page 3 of 7
Subject: Zoning Amendment Bylaw 212, 2019 (Cannabis, second dwelling, and bee keeping
received from the Province for retail cannabis licences. The changes are discussed in detail
below.
1.1 IMPROVE CLARITY OF EXISTING REGULATION
The following proposed Bylaw amendments would bring zoning regulations in line with federal
legislation and clarify the Bylaw:
• Update the definition of CANNABIS to reflect the new legislation by replacing the reference
to the Controlled Drugs and Substance Act with the Cannabis Act.
• Reference all forms of cannabis: Amend section 5.23 of the Zoning Bylaw to reference all
forms of cannabis production (both medical and recreational). Conditions currently stipulated
for medical marihuana would then clearly apply to all forms of cannabis production.
• Replace the definition of LICENSED MEDICAL MARIHUANA PRODUCTION FACILITY
with Licensed Cannabis Production Facility to include all cannabis.
1.2 CULTIVATION/PRODUCTION
Existing regulations for cannabis production facilities are oriented toward large-scale production
facilities. However, increasing interest in micro-scale or “craft” facilities has prompted a review of
existing regulation pertaining to cannabis production.
Micro production facilities (<200 square metres in area) require a smaller footprint and are
generally less intensive than macro scale operations. While an 8 hectare (20 acre) minimum may
be reasonable for a large 2000m2 (22,000 ft2) facility, it may be excessive for a 200m2 facility
which is comparable in size to an average single family dwelling. It is therefore reasonable to
reflect those differences by broadening regulation to include parameters specific to micro scale
production. The amendment proposed below is only for micro or “craft” production facilities less
than 200 square metres in total gross area and is intended to provide more production
opportunities around the region while limiting potential nuisance concerns:
• reduce the minimum lot area required for “craft” production facilities (<200 m2) in the RL-1
zone from 8 ha to 4 ha to reflect the minimum parcel area of the zone.
All production facilities larger than 200 square metres will continue to be subject to existing
regulation, that is, a minimum of 8 ha in the RL-1 zones. The required setback for all cannabis
production facilities will remain at 30 metres.
1.3 RETAIL SALE
In June 2018, Council generally and broadly prohibited the retail sale of cannabis in commercial
zones ahead of the provincial and federal changes ensuring that potential sales operations would
not have an argument for legal non-conformity or “grandfathering” afforded under Local
Page 32 of 79
May 30, 2019 Page 4 of 7
Subject: Zoning Amendment Bylaw 212, 2019 (Cannabis, second dwelling, and bee keeping
Government Act s. 528. This meant that someone wishing to establish a cannabis retail sales
outlet is required to apply for rezoning and be approved by Council in order to be lawful in the
District, regardless of the location.
At the April 2nd Council meeting, Council revisited the regulations on retail sales of Cannabis.
With some time having passed since legalization, and a better understanding of the potential
impacts surrounding cannabis retail, it was generally agreed that permitting cannabis retail sales
in certain commercial zones outright would not be unreasonable, nor would it present a high risk.
This is partially due to the fact that Council, through the Provincial Cannabis License Referral
process, will still have the opportunity to review and approve or deny an application regardless of
the zoning, if there were significant concerns about the proposal. At Council’s direction, Bylaw
212 therefore proposes the following:
• allow cannabis retail in the C-1: General Commercial and MX-1: Riverside Centre Mixed
Use zones.
Should the amendment to Bylaw 212 be approved, an applicant wishing to place a cannabis retail
store in an area that is already zoned C-1 or MX-1 will no longer be required to go through the
rezoning process. An applicant wishing to place a cannabis retail store in any other zone could
still apply but would first be required to rezone. In both cases, the applicant would still have to
apply for a License from the province to which the District would be referred.
2.0 LICENSE REFERRAL POLICY
Under the Liquor and Cannabis Regulation Branch, the Province has developed a Cannabis
Licensing Program which is comparable to the liquor licensing program. Under both programs,
the Province must refer the application to local government for comment and recommendation.
To manage referrals and ensure that every application is assessed according to the same set of
criteria, we recommend that Council adopt a Liquor and Cannabis License Referrals Policy. This
policy is not a part of the Bylaw but given it is directly related to the cannabis amendments it is
discussed here. The proposed policy includes the following:
• procedures for notifying the public of the proposed application. As part of the
referral process local government is required to gather the views of residents. The policy
outlines the notification procedure according to the type of application. A Notice of Intent
would be mailed to property owners/occupiers located within 100m distance of the subject
property. This is in keeping with current practice, including notifications for variances,
liquor license applications, and zoning amendments, and is comparable to other local
governments. The Policy also stipulates that referrals would be sent to the RCMP
detachment, fire department, and building inspection services.
• a standard set of criteria reviewing cannabis applications. At Council’s direction, the
policy includes limiting the maximum number of cannabis retail stores in the District at
any given time to 3 and requiring a minimum 150 metre buffer from schools and
Page 33 of 79
May 30, 2019 Page 5 of 7
Subject: Zoning Amendment Bylaw 212, 2019 (Cannabis, second dwelling, and bee keeping
developed parks. The effect of the 150m setback is illustrated in the map below.
Clearwater Shopping Centre and a significant portion of Wells Gray Gateway commercial
area would be precluded from a cannabis retail store based on a 150m policy.
3.0 AMENDMENTS TO BUSINESS LICENCING BYLAW
The District of Clearwater Business Licensing and Regulation Bylaw No. 124, 2014 requires
updates to reflect the above-mentioned amendments. Bylaw Amendment 213, 2019 is therefore
also included for consideration here. The changes include basic updates and additions to the
definitions and wording relating to cannabis. It also proposes adding a new section to the fee
schedule for cannabis retail to add a fee of $1,000 for cannabis retail businesses.
4.0 AMENDMENTS TO DEVELOPMENT PROCEDURES BYLAW
The District of Clearwater Development Procedures Bylaw No. 118, 2014 requires updates to
reflect the above-mentioned amendments as well. Bylaw Amendment 214, 2019 is therefore also
included for consideration here. The changes include basic updates to include wording relating
Page 34 of 79
May 30, 2019 Page 6 of 7
Subject: Zoning Amendment Bylaw 212, 2019 (Cannabis, second dwelling, and bee keeping
to cannabis. It also proposes adding two new sections to the fee schedule for New Cannabis
Retail Licences and Cannabis Licence Amendments. The proposed fees for the applications are
$1500 and $500, respectively.
5.0 AMENDMENTS TO DWELLINGS PER LOT – A RESPONSE TO ALC CHANGES
Background
Recent changes to the ALC Act have resulted in more stringent restrictions on a number of
existing regulations including the size, siting, and use of dwellings in the ALR. With the passing
of Bill 52, effective February 22, 2019, the total floor area of a principal residence on ALR lands
is now capped at 500 square metres. In addition, the placement of more than one dwelling per
parcel (an additional dwelling) on all ALR lands is prohibited.
Under the new regulations, a landowner wishing to build a dwelling over 500 square metres in
total area or a second dwelling on ALR land (including a manufactured home for an infirm family
member or for farm help) must first submit an application to the ALC for a “non-adhering
residential use”. There are some cases in which grandfathering can apply: for example, existing
additional residences that were built in accordance with ALC regulations at the time of
construction may continue to be used. Any proposed alterations or renovations to a grandfathered
dwelling which are not in compliance with new regulation require an application to the ALC.
Furthermore, existing residences that are grandfathered are not permitted to be replaced without
an application and approval. More information on the ALC changes can be found here:
https://www.alc.gov.bc.ca/assets/alc/assets/legislation-and-regulation/information-
bulletins/information_bulletin_5_residences_in_the_alr.pdf.
Discussion
While section 4.4 of the Zoning Bylaw generally states that ALC regulations override any
provisions of the Zoning Bylaw, staff propose one minor amendment to existing regulation on
Temporary Dwellings for Caregivers to make it clear within that section that no more than one
dwelling per parcel is permitted on ALR lands unless expressly approved by the Agricultural Land
Commission.
These changes will not affect any applications currently in process, however they will impact
previously approved additional and temporary dwellings over time as current and future
landowners look to renovate, rebuild, or alter use of their land. With these new requirements, this
will impact the extent of staff time devoted to ALC applications as well as the processing time of
applications.
Finally, please note that with the passing of Bill 52, fees for all ALC applications have increased
to $1500 (up from $900). The District continues to receive $300 of this fee with the rest being
forwarded to the ALC.
Page 35 of 79
May 30, 2019 Page 7 of 7
Subject: Zoning Amendment Bylaw 212, 2019 (Cannabis, second dwelling, and bee keeping
6.0 NEW REGULATIONS ON BEE KEEPING
With the recent designation of the District of Clearwater as a Bee City, it was felt that some clarity
should be given to the regulations surrounding bee keeping in residential zones. Bylaw 212
proposes to include a new section in Zoning Bylaw 133 on bee keeping. The intent is not to
hamper the keeping of bees, but to provide clarity and to ensure that any bee keeping operations
are within reason and minimize any potential conflict among residents. The proposed
amendments would permit bee keeping in all residential zones subject to the following:
• Adherence to the setbacks and other regulations pertaining to bee keeping as set
out in the Animal Control Bylaw. The animal control bylaw requires setback of 5 metres
from any property line and orientation of the hives into the subject lot.
• Limiting the number of hives in the R-1, R-2, and R-3 zones to a maximum of 2 per
lot. These zones tend to have smaller lot sizes and closer neighbours. It is therefore
reasonable to limit the number of hives to 2.
• Limiting the number of hives on lots under 0.6 ha (1.5 acres) in the CR-1 zone to a
maximum of 2 per lot. These zones tend to have smaller lot sizes and closer neighbours.
It is therefore reasonable to limit the number of hives to 2.
Notice of Public Hearing
Notice of the proposed zoning amendment was advertised in the Clearwater Times on May 23rd
and May 30th. To date of this report, one written response has been received and is attached
hereto for Council consideration.
Notice of Amendment to Business Licence Bylaw
Notice of the proposed changes to the Business Licence Bylaw was advertised in the Clearwater
Times on May 23rd, and May 30th, 2019. No public response has been received to date.
ATTACHMENTS
• Zoning Amendment Bylaw No. 212
• Business Licensing and Regulation Bylaw Amendment Bylaw 213, 2019
• Development Procedures Bylaw Amendment Bylaw 214, 2019 • Draft Liquor and Cannabis License Referrals Policy No. 1902
• Written submission dated May 30, 2019 from Joanna Hurst
Page 36 of 79
From: Joanna Hurst <joanna.h@yellowheadcs.ca> Sent: Thursday, May 30, 2019 10:20 AM To: Leslie Groulx <lgroulx@docbc.ca> Subject: Re: Information about proposed changes to Beekeeping Bylaw
Thanks Leslie! I'm not able to make the public hearing in person. Please accept this email as my submission to council regarding the proposed updates to the Beekeeping Bylaw. I have some concerns that a 5 metre setback and 2 hives on any lot up to 1.5 acres is a bit restrictive, especially for larger lots (eg: .5 - 1.5 acres). I have attached the Kamloops Animal Control Bylaw (section 12, page 19) for council to review. I think Kamloops Beekeeping Bylaws could be used as a model for Clearwater as Kamloops is also a Bee City. Please note that they allow more hives with a lesser set back on larger lots but also require Bee Keepers to be proactive with their bees such as providing water source, ensuring clear flight paths and taking steps to prevent swarms. In my opinion, these conditions would reduce conflict and ensure responsible hive management while allowing flexibility to local beekeepers to manage their apiaries. My request is that council consider increasing the amount of hives allowed on larger residential lots with a scale related to lot size similar to that of the Kamloops Bylaw. Thank you for your consideration,
Joanna Hurst
Coordinator - Food Security Program
209 Dutch Lake Road Clearwater BC V0E 1N1
T. 250.674.3530
F. 250.674.3540
joanna.h@yellowheadcs.ca
www.yellowheadcs.ca
“Promoting Healthy Communities, Families, and Individuals Through Counselling, Support and Education”
The information in this Email is confidential and may be legally privileged. It is intended solely for the named recipient. Access to this Email by anyone else is unauthorized. If you are not the intended recipient or the employee or agent responsible for delivering the message to the recipient named, please note that any use, disclosure, copying, distribution of this Email or any action taken or omitted to be taken in reliance on it is prohibited. If you are not the intended recipient, please inform us by returning a copy of the Email with the subject line marked "wrong address" and then deleting the Email, and any attachments and any copies of it.
Page 37 of 79
BYLAW NO. 34-11 PAGE 20
12. BEES (Continued)
(d) Ten (10) beehives/colonies and ten (10) nucleus colonies on parcels equal to or greater than 0.8 ha and less than 2.0 ha.
(e) Unlimited beehives/colonies and nucleus colonies on parcels equal to or
greater than 2.0 ha.
12.3 Every person keeping bees must:
(a) Comply with the Bee Act. (b) Provide a water supply to prevent the bees from seeking water from other
sources, such as neighbourhood birdbaths, pool decks, ponds or other sources of water.
(c) Take all reasonable measures to prevent and manage swarming or
defensive behaviour by the bees." 13. KENNELS FOR BOARDING, BREEDING AND TRAINING OF CATS
AND OTHER ANIMALS
(34-24) 13.1 (a) No person shall use any premises as a kennel for the keeping, training, (34-35) care, breeding, hospitalization or boarding of cats or other animals on any
parcel of land within the City unless the said parcel is specifically permitted by the City of Kamloops Zoning Bylaw.
(34-13) (b) Any person operating a kennel must first obtain a City Business Licence
and satisfy all other City bylaws and provincial regulations applicable to a kennel business.
13.2 Building and Enclosure Construction
Floors of all structures or rooms used to accommodate animals shall be of a sanitary construction, provided with drainage and approved by Health authorities.
14. NOISE CONTROL
(34-25) No person being the owner, tenant or occupier of real property shall harbour or keep any animal or bird which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the surrounding neighbourhood or the public at large.
(34-41) 14.A PROPERTY NUISANCE
No person or owner or occupier of property shall keep, feed, or otherwise attract birds or wild animals on or to a property such that the birds or wild animals cause property nuisance in relation to another property.
Page 38 of 79
MINUTES
District of Clearwater
Economic Development Committee of the Whole Meeting
Tuesday, May 21, 2019 @1:00 PM
Municipal Office- Council Chambers
MEMBERS: Merlin Blackwell, Mayor
Barry Banford, Councillor
Lynne Frizzle, Councillor
Bill Haring, Councillor
Lyle Mackenzie, Councillor
Shelley Sim, Councillor
Lucy Taylor, Councillor
ABSENT:
STAFF: Leslie Groulx, Chief Administrative Officer
Roxanne Shepherd, Director of Finance
Rhonda West, Deputy Corporate Officer
MEDIA & PUBLIC: 2 Public
1. CALL TO ORDER a) Mayor Blackwell called the meeting to order at 1:00 p.m. and handed the Chair
over to Councillor Shelley Sim.
2. INTRODUCTION OF LATE ITEMS
3. ADOPTION OF AGENDA a) Agenda of May 21, 2019 Economic Development Committee of the Whole
Meeting
Moved by Lucy Taylor, seconded by Lyle Mackenzie
THAT the agenda for the May 21, 2019 Economic Development Committee of the Whole Meeting be approved with the following addition:
New Business: 9 e) Community Newsletter
CARRIED
4. ADOPTION OF MINUTES a) Minutes of Economic Development Committee of the Whole Meeting held
Page 39 of 79
Economic Development Committee of the Whole - May 21, 2019
March 5, 2019
Moved by Merlin Blackwell, seconded by Lynne Frizzle
THAT the minutes of the Economic Development Committee of the Whole Meeting held March 5, 2019 be adopted.
CARRIED
5. PRESENTATIONS
6. UNFINISHED BUSINESS a) 4 O'Clock Friday - Business networking
Leslie Groulx, Chief Administrative Officer, provided an update on the upcoming event. Four (4) people have confirmed their attendance. There was consensus that Committee members will share the event via social media.
7. REPORTS a) Business Expansion & Retention Interviews
Leslie Groulx, Chief Administrative Officer, provided an update with respect to the 20 interviews that were conducted with local businesses. The primary issues of note were housing and staffing. Once a few more interviews have been done, Committee members will receive a report summarizing the information.
b) Communication Strategy - Business Sector
Leslie Groulx, Chief Administrative Officer, identifed that while the District has a policy and strategy in place, it is important to have a more identifiable way of communicating so that people understand the source of the information being provided. There was consensus that:
a) an email address specific to economic development for the District be used;
b) Administration contact BuyLow, the library and medical clinic with respect to installing a television that shares community event information.
Moved by Shelley Sim, seconded by Lynne Frizzle
THAT the following resolution be forwarded to Council:
THAT each Councillor, on a bi-monthly rotating basis, prepare an article (up to 350 words relevant to municipality) that reflects what they love about their community for the Community Newsletter.
CARRIED
8. CORRESPONDENCE
9. NEW BUSINESS a) BC Housing Needs Report Requirements
- Current and Projected needs for five years
Page 2 of 4
Page 40 of 79
Economic Development Committee of the Whole - May 21, 2019
- Short Term Rental vs residential
Leslie Groulx, Chief Administrative Officer, provided a summary of zoning requirements to conform to bed and breakfast and short-term rentals/vacation rentals and the provincial requirement for municipalities to prepare a Housing Needs Report by April, 2022.
Moved by Merlin Blackwell, seconded by Bill Haring
THAT the following resolution be forwarded to Council:
THAT Council direct Administration to work with the Thompson-Nicola Regional District with respect to developing a Housing Needs Report for the District of Clearwater.
CARRIED b) Renew Community Economic Development Strategic Plan
Leslie Groulx, Chief Administrative Officer, indicated that activities and objectives outlined in the current Economic Development Strategic Plan are either complete outdated and suggested that a new Community Economic Development Strategic Plan be developed that has a broader scope of input.
Moved by Shelley Sim, seconded by Lynne Frizzle
THAT the following resolution be forwarded to Council:
THAT Council direct Administration to move forward with developing a new Community Economic Development Strategic Plan, with the assistance of a facilitator, with funding to be provided from the Economic Development Reserve Fund.
CARRIED c) Community Connectivity / Technology Assessment
Moved by Merlin Blackwell, seconded by Lynne Frizzle
THAT the following resolution be forwarded to Council:
THAT Council direct staff to correspond with the local Internet Service Providers to understand where they are at with expansion of broadband and cell services; and
THAT Staff be directed to bring a report to Council on the steps required towards the submission of a funding application for a Connectivity Infrastructure Strategy, to include funding requirements.
CARRIED d) Future's Game - Community Economic Simulation Learning Tool
The Futures Game is a medium for capturing public input.
Moved by Shelley Sim, seconded by Merlin Blackwell
THAT the following resolution be forwarded to Council:
THAT Council direct Administration to include a Futures Game in the Pub Night event scheduled for Small Business Week in October, 2019.
Page 3 of 4
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Economic Development Committee of the Whole - May 21, 2019
CARRIED e) Community Newsletter
Committee members discussed creating a community calendar as a tool for connecting people in the community. Administration will review and provide an update.
10. COMMENTS FROM THE PUBLIC a) This is an opportunity for the gallery to ask questions regarding matters
discussed during the current meeting.
A comment was made that Fridays are not convenient for people to get together due to holiday schedules.
11. ADJOURNMENT a) Adjourn Meeting
The next Economic Development Committee of the Whole meeting is scheduled for Tuesday, July 9, 2019.
There being no other business the Economic Development Committee of the Whole meeting adjourned at 1:57 p.m.
Chair Corporate Officer
Page 4 of 4
Page 42 of 79
District of Clearwater
Report to Council
DATE: June 4, 2019 TO: Mayor & Council CC: FROM: Roger Mayer, Facilities, Parks and Recreation Manager SUBJECT: Reginald Small Park Cenotaph Project
Request for: Direction Decision
Recommendation:
THAT Council waive the purchasing policy and award a contract to On Call Construction for
concrete work in the amount of $12,537.37 plus GST, with the funds to be allocated from the 2019
Parks Capital budget.
Roger Mayer Manager of Facilities and Community Parks
Approved for Council Consideration
DOF
Executive Summary:
In order to complete the cenotaph at Reginald Small Park concrete needs to be poured around the cenotaph to allow for placement of the granite benches purchased in 2018 and allow access for persons with mobility issues. Staff is requesting for Council to waive the purchasing policy and award the contract to On Call Construction.
Background:
The funds for the cenotaph project have come through grants and the Royal Canadian Legion fundraising. The money for the concrete work has been transferred to the District of Clearwater. With the construction of Well #3 in 2018 at Reginald Small Park completion of the cenotaph was delayed. Pouring of the concrete pad and installation of the flagpoles will complete this portion of the park.
Discussion:
There are still four components that require work this year to bring this park back to a usable space. It is also important to note that this park is dedicated to the cenotaph and that time is a factor in order to have the park renewed for Remembrance Day service. This project requires the following to complete:
• Stage #1 – pour concrete for cenotaph and install flagpole bases Page 43 of 79
Staff Report – Reginald Small Park Project Page 2 of 3
• Stage #2 – remove pavement
• Stage #3 – top soil and seed in paved area
• Stage #4 – install irrigation system
• Stage #5 – install flagpoles
Staff has received a quote for stage #1 of this project from On Call Construction to supply and install
stamped and dyed concrete around the cenotaph for $12,537.37.
All other stages will be completed with funds from the Capital plan according to the District of Clearwater
purchasing policy.
The District’s purchasing policy requires:
3. Written Request for Quotations (RFQ) or Request for
Proposal (RFP) (Min. of three to be solicited)
*See Exception re: Professional/Consulting Services
Purchase Order, with quotation documentation
$5,001 to $ 50,000
Staff is requesting that the purchasing policy be waived, and the contract awarded to On Call
Construction.
Notes: In April 2019 the District tendered concrete work at the Sportsplex to 5 local contractors and only
On Call responded with a quote.
Strategic Priorities:
Park improvements were identified in the 2016 – 2018 Strategic Plan.
Financial Impact:
There is $6,916 remaining from money budgeted for the new cenotaph included in the 2019 Parks
Capital budget. The Legion is providing a further donation of $9,000 to complete this project, this brings
the total funds available to $15,916. The cenotaph funds were raised through grants and Legion
fundraising. Completion of the concrete work will leave a balance of $3,378 to be used towards purchase
of flagpoles.
Communication to the Public (Who needs to know):
Communicate the decision through the District website, Facebook and District newsletter, communicate
and work with the Legion Cenotaph Committee.
Page 44 of 79
Staff Report – Reginald Small Park Project Page 3 of 3
Options:
• Option #1: Waive the purchasing policy to award the contract to On Call Construction.
• Option #2: Complete a Request for Quote for concrete work (stage 1) and complete that portion
of the project with the successful bidder.
Respectfully submitted,
Roger Mayer, Manager of Facilities and Parks Attachments: Sketch for Reginald Small Park project
Page 45 of 79
Page 46 of 79
Development Services
COUNCIL REPORT
TO: Mayor and Council DATE: May 29, 2019
FROM: A. Krause, Manager of Planning Services
SUBJECT: Development Permit Application No. DP-19-01
Lot 2, District Lot 1680, Plan EPP63460 PID: 029-990-831 272 Glen Road, Clearwater, BC (Miller)
RECOMMENDATION:
That Development Permit No. DP-19-01 be issued for the parcel at 272 Glen Rd. (legally
described as Lot 2, District Lot 1680, KDYD, Plan EPP63460).
A. KRAUSE, MCIP
Manager of Planning Services Approved for
Council Consideration
CAO
SUMMARY:
The owners of land at 272 Glen Road have applied
for a Development Permit pursuant to s.7.3 of the
Clearwater Official Community Plan (OCP) which
establishes the Development Permit Areas (DP) to
control the form and character of commercial
development. The Development Permit Area
applies to all lands located in the Clearwater
Riverside Centre and Wells Gray Gateway where
the use and zoning of the land is commercial, mixed
use, or industrial. This is the first Development
Permit for industrial property in Clearwater.
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May 29, 2019 Page 2 Development Permit Application No. DP-19-01
The applicants are proposing to construct a new
industrial steel building for the maintenance of
their company’s logging equipment. The
proposed building is 4240 square feet in area.
While the majority of the DP guidelines for form
and character do not apply as they were written
primarily with commercial development in mind,
a select few are still pertinent and are discussed
below.
This Development Permit application is for
Council approval of the general development
design and layout. Staff recommend that the
Development Permit be issued as the
design/proposal is consistent with applicable
OCP development permit criteria.
DISCUSSION:
Site Description
The subject property is located on Glen Road just north of the Old North Thompson Highway. It is
accessed off of Glen Road via a panhandle. It is currently vacant. There are several industrial
properties to the west and south. To the north and east are rural residential lands which are largely
forested. There is an embankment that runs along the eastern boundary of the property. The
property is not visible from the Old North Thompson Highway.
Zoning & OCP Considerations
The property is zoned I-2: Light Industrial and is designated Industrial in the Official Community
Plan. It is located within the Clearwater Riverside Centre Development Permit Area.
Building Permit
The applicants applied for a building permit for the proposed building on April 12, 2019. Prior to
issuance of the building permit, the DP must be approved.
Development Permit (DP) Guidelines
The DP guidelines were drafted primarily with commercial development in mind. Industrial
properties on Glen Road were included to ensure Council has an opportunity to review development
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May 29, 2019 Page 3 Development Permit Application No. DP-19-01
proposals prior to construction and where possible, encourage the use of appropriate colours,
materials, and effective site layout. It would be unreasonable (likely impossible) to meet all DP
guidelines as elements such as plaza seating areas, pedestrian sidewalks with benches, seating
areas and bus shelters are not feasible for an industrial use. The following analysis sets out the
OCP excerpts followed by commentary (in italics) of how this development complies with and
encompasses these guidelines:
s.7.3 Guideline (b) Building materials must be durable and able to withstand the local climate.
The use of high quality materials with a natural appearance is an
important concept in creating harmony and character in the commercial
core areas.
✓ The most appropriate materials include local wood, rock and stone;
however, similar materials and colours can be presented at the time of
development permit application.
✓ In general, historical building colours and muted tones that are drawn
from the natural surroundings are appropriate.
Corporate logos are to be incorporated into the natural appearance of
storefronts. The design elements of the rear and sides of buildings must
also be considered.
As this building’s purpose is for industrial use, the use of local
wood/timber, rock and stone is not practical. The proposed steel building
is durable, appropriate for the use intended, and will be able to withstand
the local climate. The applicants intend to side at least a portion of it with
tin. The building will be grey in colour (muted tone) with blue trim.
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May 29, 2019 Page 4 Development Permit Application No. DP-19-01
s.7.3 Guideline (c) Clearwater’s accumulations of snow are to be considered in design and
material selection. All pedestrian and vehicle access points must be
protected from snow shed and ice accumulation.
All doors into the building will be on the ends of the buildings. No doors
will be located on the sides with sloping roof. The doors are primarily
larger garage doors meant for vehicles, not pedestrians.
s.7.3 Guideline (d) Design of developments or redevelopments should consider the design
of adjacent buildings and open space.
The proposed building is located within a primarily industrial area and is
similar to existing industrial buildings on neighbouring properties. The
owners have said they are willing to plant grass, or landscape with other
materials along the edges of the property.
s.7.3 Guideline (f) Buildings should strive to achieve a Leadership in Energy and
Environmental Design (LEED) standard of development if feasible.
This is not feasible/practical for the type of use proposed. The owners
have indicated they will be installing energy efficient LED lightbulbs.
s.7.3 Guideline (i) Building lighting shall be subdued and directed downward and away from
adjacent properties. Front lighting is preferred over other forms of
illumination.
The applicants have stated that lighting will be minimal, and will be placed
on the outside of the building only near the entrances. They will install
lighting that directs downward. Most nearby residences are above the
property and should not be affected by the light.
s.7.3 Guideline (k) Above-ground fuel storage tanks for service stations are not supported;
however, approval of above-ground tanks may be considered on a site-
by-site basis, provided that the location of the tanks is screened by
buildings and landscaping and that adequate traffic circulation can be
maintained.
No fuel storage is planned on-site
s.7.3 Guideline (l) Mechanical equipment and waste containers shall be appropriately
screened using natural products or vegetation and buffered to reduce any
negative visual and acoustical impacts. Bear-proof waste containers are
required.
The waste containers will be at the north end of the building, and will not
be visible from Glen Road. The owners are proposing to fence the waste
container area.
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May 29, 2019 Page 5 Development Permit Application No. DP-19-01
.
s.7.3 Guideline (m) Developments should limit driveways and provide side and rear lot
parking. Shared parking areas with natural landscaping are allowed.
The driveway will be along the panhandle connecting the majority of the
property to Glen Road. The applicants are proposing to have at least 10
parking spaces in the southeast corner of the property.
s.7.3 Guideline (n) Vehicular access and egress to the property shall be minimized (e.g.,
designated entrances or shared-access agreements).
The property is accessed via a panhandle (approximately 20 metres
wide) off of Glen Road. This will be the primary access and egress.
s.7.3 Guideline (p) Developments should provide separation and screening between roads and
parking lots. On-street parking should be maintained on the highway side of
the frontage road.
Parking will be contained on site. The lot is accessed via a panhandle
driveway which provides separation between the road and parking lot.
s.7.3 Guideline (q) Commercial development will take into consideration the visual impact of
surface parking and loading areas on adjacent properties. Vehicle access to
parking and loading areas, and circulation on site should minimize interference
with pedestrian movement.
The industrial site is not intended for public pedestrian circulation. The
main parking will be to the side of the building allowing access away from
the vehicle access driveway.
s.7.3 Guideline (s) Co-ordination and connection of parking lots through mutual access
agreements with adjacent properties is encouraged to ensure street efficiency.
The owners will be utilizing one panhandle access. Shared access is not
feasible between neighbouring lots.
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May 29, 2019 Page 6 Development Permit Application No. DP-19-01
Landscaping
Landscaping requirements include the seeding of steep slopes and planting of deer-resistant
shrubs (ninebark) – this is included as a condition in the Development Permit. In accordance with
s.7.2 of the OCP, the District can require a security deposit in conjunction with permit issuance to
guarantee site and landscaping work is completed as set out in the Development Permit. Given that
the required landscaping for this industrial development is limited, staff suggest that a security is
not necessary in this case.
List of Attachments:
• Location & Zoning Maps
• Site Plan submitted by applicant
• Development Permit DP-19-01
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DISTRICT OF CLEARWATER
DEVELOPMENT PERMIT NO. DP-19-01
Permittee: Kim Lorne Miller & Michelle Lynn Miller Address: 1889 Lost Creek Road Clearwater BC V0E 1N1 1. This Development Permit is issued subject to compliance with all of the bylaws of the
District of Clearwater applicable thereto, except as specifically herein varied or supplemented.
2. This Development Permit applies to and only to those lands within the District of Clearwater described below, and any and all buildings, structures and development thereon:
272 Glen Road Lot 2, District Lot 1680, KDYD, Plan EPP63460 PID: 029-990-831 (the “Land”) 3. Development shall generally meet the site plan as illustrated on Schedule “1”: Site Plan,
attached hereto and forming a part of this Permit. 4. This Development Permit enables development of 1 building on the Land as shown on
Schedule “1”. 5. The form and character of development shall be in accordance with Schedule “2”,
attached hereto and forming a part of this Permit. 6. Landscaping shall be completed to include deer resistant shrubs (ninebark or similar)
and slope seeding/vegetation as shown on Schedule “1”, attached hereto and forming a part of this Permit.
7. Off-street parking shall be provided in accordance with Part 6 of Zoning Bylaw No. 133.
8. All waste containers must be bear proof and appropriately screened to reduce any negative visual impacts.
9. Building lighting shall be subdued and directed downward and away from adjacent properties.
10. Land described herein shall be developed strictly in accordance with the terms, conditions and provisions of this Development Permit and any plans and specifications attached to this Development Permit which shall form a part hereof.
11. If the Permittee does not commence the development permitted by this Development Permit within two (2) years of the date of the authorizing resolution, this Permit shall lapse.
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Development Permit No. DP-19-01 Page 2
12. Any application to amend this Development Permit shall be considered as a new application.
13. This is not a Building Permit.
Authorizing resolution passed by Council this day of , 2019.
Certified Correct:
_______________________ Corporate Officer We, Kim and Michelle Miller, agree to the terms and conditions of Development Permit No.DP-19-01. Kim Miller, Owner Michelle Miller, Owner
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SCHEDULE “1”: Site Plan
This Schedule “1” is incorporated in and forms part of Development Permit No. DP-19-01
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SCHEDULE “2”: Building
This Schedule “2” is incorporated in and forms part of Development Permit No. DP-19-01
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N0 SMOKIOR VAPI
SCHEDULE”A"
Smoking / Vaping Bylaw201 ”No-Smoking” Sign
Bylaw201, 2019
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DISTRICT OF CLEARWATER
BYLAW NO. 211, 2019
A BYLAW TO AMEND “DISTRICT OF CLEARWATER ZONING BYLAW NO. 133”
WHEREAS an application (No. RZ-19-02) for amendment to Zoning Bylaw No. 133 has been made; AND WHEREAS the desirable changes in uses of Land have been considered; AND WHEREAS the zoning amendment conforms to the District of Clearwater Official Community Plan; NOW THEREFORE, Council of the District of Clearwater, in open meeting assembled, enacts as follows: 1. CITATION
1.1 This bylaw may be cited as “District of Clearwater Zoning Bylaw No. 133, Amendment Bylaw No. 211, 2019”.
2. PURPOSE
2.1 The zoning classification on a 7.5 ha portion of land at 429 Haywood Road (legally described as District Lot 3854, KDYD, except Plans 7371 and 13434), as outlined on the map attached hereto as Schedule “1”, is changed from RL-1: Rural to C-4: Recreational Commercial with a site specific amendment.
2.2 The following provision is added to Bylaw No. 133 as s. 9.4.2.1: 9.4.2.1 PERMITTED USES – SITE SPECIFIC In the case of 429 Haywood Road (District Lot 3854, KDYD, except Plans 7371 and
13434) traveller accommodation use limited to a maximum of 15 tourist cabins and one tea house, only, and no other principal uses listed (a) to (k) above are permitted.
2.3 The map attached hereto as Schedule “1” is incorporated in and forms part of
this bylaw. 3. SEVERABILITY
3.1 Each portion or section of this Bylaw is intended to be independent to the extent that a decision of a court of competent jurisdiction that a portion or section is invalid does not affect the validity of any other portion or section, and the invalid portion shall be severed.
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Zoning Bylaw No. 133, Amendment Bylaw No. 211, 2019 Page 2 READ A FIRST TIME this 7th day of May, 2019.
READ A SECOND TIME this 7th day of May, 2019.
PUBLIC HEARING held on the day of , 2019.
READ A THIRD TIME this day of , 2019.
APPROVED BY THE Ministry of Transportation and Infrastructure this day of , 2019
ADOPTED this day of , 2019.
Corporate Officer Mayor Blackwell Certified to be a true and correct copy of Bylaw No. 211, 2019 cited as “District of Clearwater Amendment Bylaw No. 211 as adopted by the Council of the District of Clearwater this day of 2019. ________________________________ Leslie Groulx, Corporate Officer
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SCHEDULE “1”
This Schedule “1” is incorporated in and forms part of Bylaw No. 211, 2019
Certified Correct:
Corporate Officer
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DISTRICT OF CLEARWATER
BYLAW NO. 212, 2019
A BYLAW TO AMEND “DISTRICT OF CLEARWATER ZONING BYLAW NO. 133”
WHEREAS Council has adopted Zoning Bylaw No. 133; AND WHEREAS Council deems it desirable to amend Bylaw No. 133; AND WHEREAS the desirable changes in uses of Land have been considered; AND WHEREAS the amendment conforms to the District of Clearwater Official Community Plan; NOW THEREFORE, Council of the District of Clearwater, in open meeting assembled, enacts as follows: 1. CITATION 1.1 This bylaw may be cited as “District of Clearwater Zoning Bylaw No. 133,
Amendment Bylaw No. 212, 2019”. 2. AMENDMENT Zoning Bylaw 133, 2016 is hereby amended as follows:
2.1 By replacing the definition of “CANNABIS” in Part 2.0 with the following:
CANNABIS means cannabis as defined in the Cannabis Act.
2.2 By replacing the definition of “MEDICAL MARIHUANA PRODUCTION FACILITY: in Part 2.0 with the following:
CANNABIS PRODUCTION FACILITY means the use of land, buildings and structures for the production and processing of cannabis licensed by Health Canada.
2.3 By striking out section 5.23 entirely and inserting the following in its place:
CANNABIS PRODUCTION FACILITIES AND CANNABIS RETAIL
5.23.1 Cannabis production facilities are permitted in the RL-1, I-2 and I-3 zones or lands within the ALR, provided that they meet the following conditions:
a) the facilities must be licensed by Health Canada;
b) the use must be located on a lot having a minimum lot area of 8 hectares (20 acres), except on lands zoned I-2 or I-3 where the minimum lot area shall be 2 hectares (5 acres) and
c) all buildings used for cannabis production must be set back a minimum of 30 metres from all lot lines.
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Zoning Bylaw No. 133, Amendment Bylaw No. 212, 2019 Page 2
5.23.2 Notwithstanding section 5.23.1, where a cannabis production facility is no more than 200 square metres in area, the minimum required lot area in the RL-1 zone is 4 hectares.
5.23.3 Cannabis retail is permitted in the C-1 and MX-1 zones and is prohibited in all other zones including zones which broadly permit retail store or sales, convenience store, or accessory retail use, unless expressly permitted.
Notwithstanding the preceding, all production facilities in the ALR must comply with the provisions of the Agricultural Land Commission Act, the regulations thereto and any Orders of the Commission.
2.4 By inserting the following into section 9.1.2 Permitted Uses and renumbering the remaining permitted uses accordingly:
i) cannabis retail
2.5 By inserting the following into section 9.5.2 Permitted Uses and renumbering the remaining permitted uses accordingly:
p) cannabis retail
2.6 By inserting the following section as 5.24.3:
5.24.3 Despite the preceding, no more than one dwelling per lot is permitted on ALR lands unless expressly approved by the Agricultural Land Commission.
2.7 By inserting the following section as 5.25.4:
5.25.4 Despite the preceding, no more than one dwelling per lot is permitted on ALR lands unless expressly approved by the Agricultural Land Commission.
2.8 By inserting the following section:
5.28 BEE KEEPING
5.28.1 The keeping of bees is permitted in all residential zones and all lands zoned for agricultural use subject to the following conditions:
a) adherence to the setbacks and regulations as set out in the Animal Control Bylaw;
b) lands zoned R-1, R-2, and R-3 are limited to a maximum of 2 hives per lot; and,
c) lands less than 0.6 ha (1.5 acres) in the CR-1 zone are limited to a maximum of 2 hives per lot.
READ A FIRST TIME this 7th day of May, 2019. READ A SECOND TIME this 7th day of May, 2019. PUBLIC HEARING held on day of , 2019. READ A THIRD TIME this day of , 2019. ADOPTED this day of , 2019.
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Zoning Bylaw No. 133, Amendment Bylaw No. 212, 2019 Page 2 Corporate Officer Mayor Blackwell Certified to be a true and correct copy of Bylaw No. 212, 2019 cited as “District of Clearwater Zoning Bylaw No. 133, Amendment Bylaw No. 212, 2019” as adopted by the Council of the District of Clearwater this day of 2019 . _____________________________ Leslie Groulx, Corporate Officer
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DISTRICT OF CLEARWATER
BYLAW NO. 213, 2019
A BYLAW TO AMEND “DISTRICT OF CLEARWATER BUSINESS LICENSING AND REGULATION BYLAW NO. 124, 2014”
WHEREAS section 137 of the Community Charter provides that the power to adopt a bylaw includes the power to amend or repeal it; AND WHEREAS the Council of the District of Clearwater wished to amend District of Clearwater Business Licensing and Regulation Bylaw No. 124, 2014 NOW THEREFORE, Council of the District of Clearwater, in open meeting assembled, enacts as follows: 1. CITATION 1.1 This bylaw may be cited as “District of Clearwater Business Licensing and
Regulation Amendment Bylaw No. 213, 2019”. 2. AMENDMENT
“District of Clearwater Business Licensing and Regulation Bylaw No. 124, 2014” is amended as follows:
2.1 By replacing the definition of “Medical Marihuana Production Facility” in Section
2.1 with the following:
“Cannabis Production Facility” means the use of land, buildings, and structures for the production and testing of cannabis as licensed by Health Canada.
2.2 By adding the following definition in Section 2.1:
“Cannabis Retail” means the sale of cannabis but excludes the sale of cannabis for medical purposes in accordance with federal legislation and regulations.
2.3 Amending SCHEDULE “A” by striking out section 11 entirely and inserting the following in its place:
11. CANNABIS PRODUCTION
FACILITY
Production and testing of cannabis as licensed by Health Canada
$1,000.00
2.4 Amending SCHEDULE “A” by adding the following section:
13. CANNABIS RETAIL As defined in Section 2 $1,000.00
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Zoning Bylaw No. 133, Amendment Bylaw No. 213, 2019 Page 2
READ A FIRST TIME this 7TH day of May, 2019. READ A SECOND TIME this day of , 2019. READ A THIRD TIME this day of , 2019. ADOPTED this day of , 2019. Corporate Officer Mayor Blackwell Certified to be a true and correct copy of Bylaw No. 213, 2019 cited as “District of Clearwater Zoning Bylaw No. 133, Amendment Bylaw No. 213, 2019” as adopted by the Council of the District of Clearwater this day of 2019. _____________________________ Leslie Groulx, Corporate Officer
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DISTRICT OF CLEARWATER
BYLAW NO. 214, 2019
A BYLAW TO AMEND “DISTRICT OF CLEARWATER DEVELOPMENT PROCEDURES BYLAW NO. 118, 2014”
WHEREAS section 137 of the Community Charter provides that the power to adopt a bylaw includes the power to amend or repeal it; AND WHEREAS the Council of the District of Clearwater wishes to amend District of Clearwater Development Procedures Bylaw No. 118, 2014; NOW THEREFORE, Council of the District of Clearwater, in open meeting assembled, enacts as follows: 1. CITATION 1.1 This bylaw may be cited as “District of Clearwater Development Procedures
Amendment Bylaw No. 214, 2019”. 2. AMENDMENT
“District of Clearwater Development Procedures Bylaw No. 118, 2014” is amended as follows:
2.1 By striking out section 3.1 (g) and inserting the following in its place:
(g) under the Liquor Control and Licensing Act and the Cannabis Control and Licensing Act, a request for local government comment pursuant to a licence application.
2.3 Amending SCHEDULE “A” by adding the following fees:
New Cannabis Retail License $1,500
Cannabis License Amendment $500
READ A FIRST TIME this 7th day of May, 2019. READ A SECOND TIME this 7th day of May, 2019. READ A THIRD TIME this day of , 2019. ADOPTED this day of , 2019. Corporate Officer Mayor Blackwell
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District of Clearwater Development Procedures Bylaw No. 118, 2014, Amendment Bylaw No. 214, 2019 Page 2 Certified to be a true and correct copy of Bylaw No. 214, 2019 cited as “District of Clearwater Development Procedures, Amendment Bylaw No. 214, 2019” as adopted by the Council of the District of Clearwater this day of 2019. _____________________________ Leslie Groulx, Corporate Officer
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DISTRICT OF CLEARWATER
COUNCIL POLICY
TITLE: Liquor License Referrals Policy AUTHORITY: Liquor Control and Licensing Act, Liquor Control and Licensing Regulation, Cannabis Control and Licensing Act, Cannabis Licensing Regulation DATE ADOPTED:
NO: 1902 Section: Development Resolution #
POLICY STATEMENT: It is the Policy of the District of Clearwater to have a consistent process for considering liquor and cannabis license applications and requests for endorsements and resolutions to the BC Liquor and Cannabis Regulation Branch (LCRB). PURPOSE: To establish the process and endorsement considerations of applications from/to the Provincial Liquor and Cannabis Regulation Branch. 1.0 LIQUOR AND CANNABIS LICENSE APPLICATION PROCEDURE
1.1 Upon receipt of Notice from LCRB, the District of Clearwater will advise the applicant of application requirements and fees in accordance with Bylaw 118. In the case of liquor license amendments, the applicant must submit the LCRB application form as well as the District of Clearwater Liquor License Application. Once a complete application form and fee have been received, staff will commence application processing.
1.2 Public Notification
To obtain the views of the public for all new Liquor-Primary, Winery license, and Cannabis applications, a public hearing will be held. Notification of the hearing shall be as set out in this Policy.
1.2.1 “Notice of Intent” shall be advertised in two editions of a local newspaper servicing the respective community, stating the following:
a) the name and location of the proposed establishment
b) the date, time, location, and purpose of the hearing
c) details of the proposal including capacity, hours of service, etc.
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Liquor and Cannabis License Referrals Policy No. 1902
Page 2 of 3
1.2.2 “Notice of Intent” shall also be directly mailed to property owners/occupiers within 100 metres of the subject property.
1.2.3 All notices shall allow the option of written comments regarding an application.
1.3 Public Consultation for Proposed Amendments
A formal public hearing is not required for liquor license or cannabis license amendments; however, “Notice of Intent” in conformance with 1.2.2 seeking neighborhood views via written responses is required.
1.4 Referrals
The District of Clearwater will refer all applications as follows:
a) to the local RCMP detachment; b) to the Fire Department; c) to Building Inspection Services for Occupant Load review and further comments
on requirements for patron capacity, structural changes, and for Building Code compliance; and
d) to any other stakeholders deemed advisable by the District of Clearwater.
2.0 CONSIDERATION: 2.1 Criteria for Reviewing Cannabis License Applications 2.1.1 Cannabis Retail Sales:
a) will only be considered in the C-1: General Commercial and MX-1: Riverside
Centre Mixed Use zones and will not be supported in residential zones;
b) will be limited to a maximum of 3 stores within the District at any one time;
and,
c) must be located a minimum of 150m (calculated as a straight line from the
edge of each lot) from schools, and developed parks including:
• Bampton Recreation Trail
• Boat Launch
• Capostinsky Park
• Chad’s Memorial Park
• Dutch Lake Bampton Park
• Dutch Lake Beach Park
• Dutch Lake School Park
• Hospital Recreation Trail
• McMahon Riverside Park
• Park Drive
• Raft River Platform Park
• Reginald Small Park
• Rotary Sports Park
• Weyerhaeuser Pioneer/
Dragon Fly Splash Park
• Wyndhaven Park
2.1.2 Applications may also be assessed according to the following criteria
a) proposed hours of operation;
b) traffic and parking constraints;
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Liquor and Cannabis License Referrals Policy No. 1902
Page 3 of 3
c) Official Community Plan designations;
d) setbacks from property lines; and
e) comments received from the public through the consultation process.
2.2 Report & Resolution
Following public input, Council will consider a staff report and recommendation
incorporating: details of the application; an evaluation of the proposal (based on the criteria
above in the case of cannabis applications); a summary of referral responses and
comments received through public consultation; and a recommendation in respect of
LCRB approval, rejection, or approval subject to conditions.
3.0 APPLICATIONS IN CONJUNCTION WITH REZONING
3.1 Where a Liquor License or Cannabis application is accompanied by a rezoning application, the Public Hearing and notification of nearby property owners associated with the rezoning shall also gather views regarding the proposed liquor or cannabis application license application to enable a shared single process.
3.2 The Notice of Public Hearing and notification shall be in conformance to 1.2 of this policy.
AMENDMENTS:
a) Revisions, amendments or alterations to this policy can only be implemented following consideration and approval by the Council of the District of Clearwater.
AUTHORITY: The Chief Administrative Officer and the District of Clearwater Council are responsible for executing this policy. ________________________ _______________________________ Mayor Merlin Blackwell Leslie Groulx, Chief Administrative Officer Dated:
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