Regular Council - 04 Jun 2019

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


Regular Council Meeting

Tuesday, May 21, 2019 @2:00 PM


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


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


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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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


• Participated in Mayday Float and Parade b) Councillor Lynne Frizzle


• Evergreen Acres Block Party

• Participated in Mayday Float c) Councillor Bill Haring

• Special Council Meeting d) Councillor Lyle Mackenzie


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• 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


• 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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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


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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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


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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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


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.



22. SPECIAL BUSINESS (IN CAMERA)


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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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


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


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


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


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:

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May 29, 2019 Page 7 of 7


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

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Site Plan submitted by Applicant

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Planning Services

COUNCIL REPORT


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


CAO

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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

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May 30, 2019 Page 3 of 7


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

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May 30, 2019 Page 4 of 7


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

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May 30, 2019 Page 5 of 7


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

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May 30, 2019 Page 6 of 7


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.

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https://www.alc.gov.bc.ca/assets/alc/assets/legislation-and-regulation/information-bulletins/information_bulletin_5_residences_in_the_alr.pdf

https://www.alc.gov.bc.ca/assets/alc/assets/legislation-and-regulation/information-bulletins/information_bulletin_5_residences_in_the_alr.pdf

May 30, 2019 Page 7 of 7


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

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From: Joanna Hurst <[email protected]> Sent: Thursday, May 30, 2019 10:20 AM To: Leslie Groulx <[email protected]> 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

[email protected]

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.

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mailto:[email protected]

http://www.yellowheadcs.ca/

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.

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MINUTES


Economic Development Committee of the Whole Meeting

Tuesday, May 21, 2019 @1:00 PM


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.


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

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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

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- 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 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 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 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 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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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.



A comment was made that Fridays are not convenient for people to get together due to holiday schedules.


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

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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


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 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.

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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

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Development Services

COUNCIL REPORT


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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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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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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.

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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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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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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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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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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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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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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Regular Council - 04 Jun 2019

Documents

Transcript of Regular Council - 04 Jun 2019