Municipality of North CowichanCommunity Planning Advisory Committee

AGENDA

Monday, March 6, 2017, 1:30 p.m.Municipal Hall - Committee Room

Pages

1. CALL TO ORDER

2. APPROVAL OF AGENDA

Recommendation:That the Committee approve the agenda as circulated [or as amended].

3. ADOPTION OF MINUTES 3 - 5

Recommendation:That the Committee adopt the minutes of the meeting held February 14, 2017.

4. BUSINESS

4.1 Zoning Amendment - Application of Minimum Lot Areas 6 - 12

Purpose: To consider a housekeeping amendment to the text of the ResidentialOne and Two Family (R3) Zone and the Low Density Family ComprehensiveDevelopment (CD5) Zone to clarify when suites and duplexes are allowed.

Recommendation:That the Committee recommend that Council read a first and second timeZoning Amendment Bylaw (No. 3 – Text Amendment), 2017, No. 3647.

4.2 Encroachment Agreement - Cassino Road 13 - 20

Purpose: To consider a request for an encroachment agreement to authorisea fence to be constructed in the Cassino Road right-of-way

Recommendation:That the Committee recommend that Council authorise the Mayor and theCorporate Officer to sign an encroachment agreement with the stratacorporation for Strata Plan EPS1773 to permit a white picket fence (no greaterthan 1.2 m in height) to encroach approximately 1.3 m into the Cassino Roadright-of-way adjacent to strata lots 1 to 12, subject to the planting ofappropriate street trees (min. 6 cm diameter at breast height) within the rearyards of each of Strata Lots 1-12.

4.3 Early Public Consultation on Development Applications

Purpose: To discuss whether to recommend that Council require applicants toconduct public consultations before public hearings for certain types ofdevelopment applications.

4.4 Public Input

Purpose: To discuss whether to routinely add a "Public Input" category to theCommunity Planning Advisory Committee agenda.

5. NEW BUSINESS

6. ADJOURNMENT

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Municipality of North Cowichan

Community Planning Advisory Committee

MINUTES

February 14, 2017, 1:30 p.m.

Municipal Hall - Committee Room

Members Present Councillor Maeve Maguire, Chair

R. Paul Gowland

Bernie Jones

Mona Kaiser

Nicolaas Neisingh

Mayor Jon Lefebure, (ex-officio)

Members Absent James Cosh

Sharon Horsburgh

Staff Present Mark Ruttan, Director of Corporate Services / Deputy CAO

Alyssa Meiner, Deputy Director of Corporate Services

Scott Mack, Director of Development Services

Michael Mark, Manager of Building and Compliance

David Conway, Director of Engineering and Operations

Barbara Thomas, Manager of Engineering – Development and Capital Projects

Kyle Young, Assistant Manager of Planning and Subdivision

Natasha Horsman, Community Planning Coordinator

1. CALL TO ORDER

There being a quorum present, the Chair called the meeting to order at 1:31 p.m.

2. APPROVAL OF AGENDA

It was moved and seconded:

That the Committee approve the agenda as amended to add:

1. 5.1 Elkington Heritage Alteration Permit Update,

2. 5.2 Public Hearing Procedures, and

3. defer item 4.6 Early Public Consultation on Development Applications to the next meeting.

CARRIED

3. ADOPTION OF MINUTES

It was moved and seconded:

That the Committee adopt the minutes of the meeting held December 12, 2016.

CARRIED

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February 6, 2017 - Community Planning Advisory Committee Minutes

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4. BUSINESS

4.1 Zoning Bylaw Amendment - 3191 Sherman Road

The Committee reviewed a timeline of process carried out to-date, and steps required to

proceed, for the affordable housing projects proposed by the Community Land Trust

Foundation of BC (CLT) for 3191 Sherman Road and 9800 Willow Street. The Committee

heard that site rezoning is required for the CLT to obtain grant funding, and a 99-year

lease will need to be entered into by the Municipality, as owner of the sites, with the CLT

as developer and operator of the sites.

The Committee received a summary from staff of the two public meetings held in

January 2017, and heard that a public hearing is scheduled for February 21, 2017. The

Committee identified both sites as being within growth centres and close to amenity

services, and discussed different concerns raised at each of the public meetings

regarding the rezoning applications at each site. The Committee heard that a traffic

study for the Sherman Road site is expected shortly and options are being considered to

address parking and traffic control concerns.

It was moved and seconded:

That the Committee recommend that Council read a third time and adopt Bylaw 3645

"Zoning Amendment Bylaw (No. 4 - Sherman Road), 2017".

CARRIED

4.2 Zoning Amendment Bylaw - 9800 Willow Street

The Committee discussed the project proposed for the Willow Street site and the public

meeting feedback, including a desire have rental suites available to seniors and non-

seniors.

It was moved and seconded:

That the Committee recommend that Council read a third time and adopt Bylaw 3646

"Zoning Amendment Bylaw (No. 5 - Willow Street), 2017".

CARRIED

It was moved and seconded:

That the Committee recommend that Council support broadening the demographics of

potential tenants for the Willow Street project.

CARRIED

4.3 Zoning Bylaw Amendment - 3368 Henry Road

The Committee received a summary from the Assistant Manager of Planning and

Subdivision regarding this application.

It was moved and seconded:

That the Committee recommend that Council read a first and second time "Zoning

Amendment Bylaw (No. 2 – Henry Road), 2017", No. 3644.

CARRIED

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February 6, 2017 - Community Planning Advisory Committee Minutes

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4.4 Zoning Bylaw Amendment - Sycamore Street

The Committee heard from the Community Planning Coordinator.

It was moved and seconded:

That the Committee recommend that Council:

1. read a first and second time "Zoning Amendment Bylaw (No. 15 – Sycamore Street),

2016", No. 3640; and

2. require registration of a restrictive covenant prior to adoption of the Zoning

Amendment Bylaw that sets a minimum front yard and garage setback of 9.0 m.

CARRIED

4.5 Official Community Plan Review

The Committee heard from the Director of Development Services that Council will be

doing a strategic, rather than foundational, review of the Official Community Plan (OCP).

The Committee heard Council is looking at several boundary changes and to clarify some

policies. In the mean time, applications will be processed on the current OCP timeline.

Staff are currently doing a review and later in Spring, Summer and Fall, Council and the

public will be consulted on the draft OCP and Zoning Bylaws, with a Spring 2018 target

for adoption.

4.6 Early Public Consultation on Development Applications

Deferred to next meeting.

4.7 Building Statistics Report

The Committee heard from the Manager of Building and Compliance regarding the Year

End Building Permit Statistics for 2014-2016.

5. NEW BUSINESS

5.1 Elkington Heritage Alteration Permit Update

The Committee received an update on the status of the Elkington house heritage

alteration permit and heard that further information will be provided when available.

5.2 Public Hearing Procedures

The Committee discussed public hearing procedures.

6. ADJOURNMENT

The meeting ended at 4:03 p.m.

________________________________ ________________________________________

Signed by Chair Certified by Recording Secretary

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Residential One and Two-Family Zone (R3)

Permitted Uses

58 (1) The permitted uses for the R3 zone are as follows:

Agriculture

Assisted Living

Bed and Breakfast

Community Care Facility

Home-based Business

Secondary Suite

Single-Family Dwelling

Supportive Housing

Two-Family Dwelling [BL3302]

Minimum Lot Size

(2) No lot shall be created by subdivision unless the area of the proposed lot complies with the

following minimum permitted areas:

(a) Single-family dwelling, 450 m2 (4,844 sq. ft.)

(b) Single-family dwelling with a secondary suite, 650 m2 (7,000 sq. ft.)

(c) Two-family dwelling, 700 m2 (7,535 sq. ft.)

Minimum Frontage

(3) Excepting panhandle lots, no lot shall be created by subdivision unless the minimum frontage of

the proposed lot complies with the following minimum permitted frontage widths:

(a) Single-family dwelling, 15.0 m (49.21')

(b) Single-family dwellings with secondary suite, 18.0 m (59.06')

(c) Two-family dwelling, 23.0 m (75.46') [BL3083]

Density

(4) The maximum permitted density for the R3 zone is as follows:

(a) The number of residential buildings shall not exceed one.

(b) The maximum permitted floor space ratio is 0.5:1.

(c) The number of residential units per building shall not exceed two. For strata

buildings/lots, each strata unit constitutes one residential unit.

(d) Despite the foregoing, the placement of a temporary trailer may also be permitted

subject to “Temporary Trailer Permit Bylaw 1976", No. 1685.

Maximum Lot Coverage

(5) The maximum permitted lot coverage for the R3 zone is as follows:

(a) 30% of the lot area for lots of 650 m2 (7,000 sq. ft.) or larger; and

(b) 35% of the lot area for lots less than 650 m2 (7,000 sq. ft.).

Minimum Setbacks

(6) The minimum permitted setbacks for the R3 zone are as follows:

(a) Principal Buildings

Yard, Front, 5.0 m (16.40')

Yard, Side, 2.0 m (6.56')

Yard, Side when adjacent to a lane or street, 3.0 (9.8')

Yard, Rear, 7.5 m (24.6') [BL3323]

(b) Accessory Buildings and Structures (Excluding Fences)

Yard, Front, 5.0 m (16.40')

Yard, Side, 1.0 m (3.28')

Yard, Rear, 1.5 m (4.92') [BL3323]

APPENDIX #18

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(6.1) The minimum permitted setback from the vehicle entrance of a principal or accessory building to

a public road other than a lane is 5.8 m (19.03'). [BL3150]

Maximum Building Height

(7) The maximum permitted building heights for the R3 zone are as follows:

(a) Principal Building, 9.0 m (29.53')

(b) Accessory Building, 5.0 m (16.40')

Conditions of Use

(8) The conditions of use for the R3 zone are as follows:

(a) No fences over 1.2 m (4.00') in height are permitted in the required yards, front.

(b) No fences over 2.0 m (6.56') in height are permitted in the required yards, side or rear.

(c) In no situation shall a fence be greater than 2.0 m (6.56') in height.

(d) Bed and breakfast uses may have no more than three sleeping units.

(e) Bed and breakfast uses in a single-family dwelling must be an accessory use and shall not

be the principal use.

(f) Agriculture use shall be subject to the “Animal Control Bylaw, 1995", No. 2856.

(g) The following conditions apply to all secondary suites:

(i) Secondary suites must not exceed 40% of the gross floor area of the single-family

dwelling or 83.6 m2 (900 sq. ft.), whichever is less;

(ii) Secondary suites must contain no more than two bedrooms; and

(iii) Notwithstanding section 58 (8), driveway access to a secondary suite must be

shared with access to the single-family dwelling, unless the lot faces two streets,

in which case a secondary suite may have its own access.

(h) For a lot created prior to March 31, 2000, a single-family dwelling, two-family dwelling, or

secondary suite is permitted on any lot. [BL3323, BL3418]

(i) Limited farm sale of agricultural products may be sold directly to the public provided that:

(i) a minimum of 50% of the agricultural products offered for sale are produced on

the land;

(ii) the covered retail sales area does not exceed 100 m² (1076.4 sq. ft.); and

(iii) the retail sales are clearly ancillary to the farm use. [BL3083]

(j) Assisted Living, Supportive Housing, and Community Care Facilities may be permitted

provided that

(i) the number of residents does not exceed three, and

(ii) the use is within a single-family dwelling unit only, which for clarity does not

include a two-family dwelling. [BL3083; BL3302; BL3323; BL3418]

Driveway Width

(9) Individual driveway widths shall not exceed 6.0 m (19.68') of the lot frontage for each dwelling.

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Comprehensive Development Zone - Low Density Family Zone (CD5) [BL3360]

Permitted Uses

80.5 (1) The permitted uses for the CD5 zone are as follows:

Assisted Living

Bed and Breakfast

Community Care Facility

Community Garden

Home-based Business

Modular Home

Secondary Suite

Single-Family Dwelling

Supportive Housing

Two-Family Dwelling

Minimum Lot Size

(2) No lot shall be created by subdivision unless the area of the proposed lot complies with the

following minimum permitted areas:

(a) Single-family dwelling or Modular home, 450 m2 (4,844 sq. ft.)

(b) Single-family dwelling or Modular home with a secondary suite, 650 m2 (7,000 sq. ft.)

(c) Two-family dwelling, 700 m2 (7,535 sq. ft.)

Minimum Frontage

(3) With the exception of panhandle lots, no lot shall be created by subdivision unless the minimum

frontage of the proposed lot complies with the following minimum permitted frontage widths:

(a) Single-family dwelling or Modular home, 15.0 m (49.21')

(b) Single-family dwelling or Modular home with secondary suite, 18.0 m (59.06')

(c) Two-family dwelling or Modular home, 23.0 m (75.46')

Density

(4) The maximum permitted density for the CD5 zone is as follows:

(a) The number of residential buildings per lot shall not exceed one;

(b) The maximum permitted floor space ratio is 0.5:1; and

(c) The number of residential units per building shall not exceed two. For strata

buildings/lots, each strata unit constitutes one residential unit.

Maximum Lot Coverage

(5) The maximum permitted lot coverage for the CD5 zone is as follows:

(a) 30% of the lot area for lots of 650 m2 (7,000 sq. ft.) or larger; and

(b) 35% of the lot area for lots smaller than 650 m2 (7,000 sq. ft.).

Minimum Setbacks

(6) The minimum permitted setbacks for the CD5 zone are as follows:

(a) Principal Buildings

Yard, Front, 5.0 m (16.40')

Yard, Side, 2.0 m (6.56')

Yard, Side when adjacent to a lane or street, 3.0 m (9.84')

Yard, Rear, 7.5 m (24.6')

(b) Accessory Buildings and Structures (Excluding Fences)

Yard, Front, 5.0 m (16.40')

Yard, Side, 1.0 m (3.28')

Yard, Rear, 1.5 m (4.92')

(c) The minimum permitted setback from the vehicle entrance of a principal or accessory

building to a public road other than a lane is 5.8 m (19.03').

APPENDIX #210

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Maximum Building Height

(7) The maximum permitted building heights for the CD5 zone are as follows:

(a) Principal Building, 9.0 m (29.53')

(b) Accessory Building, 5.0 m (16.40')

Conditions of Use

(8) The conditions of use for the CD5 zone are as follows:

(a) Fences must not exceed:

(i) 1.2 m (4.00') in height in a required yard, front, and

(ii) 2.0 m (6.56') in height in a required yard, side or rear.

(b) Bed and breakfast uses shall:

(i) have no more than three sleeping units, and

(ii) be an accessory use only,

(iii) be located in the principal building.

(c) The following conditions apply to all secondary suites:

(i) Secondary suites must not exceed 40% of the gross floor area of the single-family

dwelling, Modular home, or 83.6 m2 (900 sq. ft.), whichever is less;

(ii) Secondary suites shall not contain more than two bedrooms; and

(iii) Driveway access to a secondary suite must be shared with access to the principal

building, unless the lot faces two streets, in which case a secondary suite may

have its own access.

(d) Assisted Living, Supportive Housing, and Community Care Facilities may be permitted

provided that

(i) the number of residents does not exceed three, and

(ii) the use is within a single-family dwelling unit or Modular home only.

Driveway Width

(9) Individual driveway widths shall not exceed 3.0 m (9.80') within the required yard, front of a

principal building, or where it crosses a public sidewalk or trail.

(10) Shared driveway widths shall not exceed 4.5 m (14.76') within the required yard, front of a

principal building and shall not exceed 3.0 m (9.80') where it crosses a public sidewalk or trail.

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APPENDIX #312

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APPENDIX #1 15

APPENDIX #2 16

APPENDIX #317

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APPENDIX #420