Minutes of a Meeting of the Capital Regional District Board - March 13, 2013

Director Hill returned to the meeting at 2:01 pm.

5.5 JUAN DE FUCA LAND USE COMMITTEE – VOTING BLOCK A – February 19, 2013

1. Development Permit and Floodplain Setback Exemption Application – Board Voting Block A - DP-19-12 - Lot 3, Section 9, Otter District, Plan 15583 (Danes – 8603 West Coast Road)

MOVED by Director Hicks, SECONDED by Director Howe, That Foreshore and Marine Shoreline Development Permit DP-19-12 and a floodplain setback exemption for Lot 3, Section 9, Otter District, Plan 15583, be approved subject to the following conditions:

1. That the proposed development comply with the Foreshore and Marine Shoreline Development Permit Guidelines outlined in the Otter Point Official Community Plan, Bylaw No. 3719;
2. That the proposed development comply with the recommendations outlined in the professional engineer's report prepared by Ryzuk Geotechnical Engineering, certified by Bruce Dagg, P.Eng., dated November 30, 2012, (Appendix 2);
3. That the proposed development be sited in conformity with the BC Land Surveyor's Building Locate Certificate, signed by Jordan Elliot Litke, BCLS, dated November 26, 2012 (Appendix 3);
4. That the professional engineer's report certified by Bruce Dagg, P.Eng., dated November 30, 2012, and the BCLS Building Location Certificate, signed by Jordan Elliot Litke, BCLS, dated November 26, 2012, be secured via a restrictive covenant registered on title as part of the building permit process; and
5. That the conditions of the development permit be verified as part of the building permit process. CARRIED

2. Development Variance Permit Application – VAR-05-12 - Lot B (DD.EP307), Section 1, Township 11, Renfrew District, Plan 24755 (Hiles – 6654 Queesto Drive)

MOVED by Director Hicks, SECONDED by Director Blackwell, That Development Variance Permit VAR-05-12 for Lot B (DD.EP307), Section 1, Township 11, Renfrew District, Plan 24755 to vary Port Renfrew Comprehensive Community Development Plan, Bylaw No. 3109, Schedule 'B', Part 4, Section 22.2(g)(i), to reduce the required setback from a front parcel line from 6.0 m to 5.2 m, as shown on the attached site plan, for the purpose of legalizing the siting of an existing single-family dwelling in order to permit a 2-lot subdivision, be approved. CARRIED

Chair Bryson left the meeting at 2:04 pm stating a potential conflict of interest because a family member owns a property that is affected by the proposed zoning amendment. Vice Chair Blackwell assumed the chair.

3. Proposed Bylaw – Proposed Bylaw No. 3759, Juan de Fuca Land Use Bylaw, 1992, Amendment Bylaw No. 107, 2013

MOVED by Director Hicks, SECONDED by Alternate Director Kasper, That proposed Bylaw No. 3759, "Juan de Fuca Land Use Bylaw, 1992, Amendment Bylaw No. 107, 2013", be referred to the appropriate CRD departments and the following agencies for comment:

• BC Hydro
• Cowichan Tribes
• District of Sooke
• Esquimalt Nation
• Fisheries & Oceans Canada
• Halalt First Nation
• Hul'qumi'num Treaty Group
• Lake Cowichan First Nation
• Lyackson First Nation
• Pauquachin First Nation
• Penelakut Tribe
• Private Managed Forest Lands Council
• RCMP
• Scia'new First Nation
• Shirley/Jordan River Advisory Planning Commission
• Shirley Volunteer Fire Department
• Sooke School District #62
• Malahat First Nation
• Ministry of Environment
• Ministry of Forests, Lands & Natural Resource Operations
• Ministry of Transportation & Infrastructure
• Pacheedaht First Nation
• Stz'uminus First Nation
• Te'Mexw Treaty Association
• Tsartlip Indian Band
• Tsawout First Nation
• Tseycum Indian Band
• T'Sou-ke First Nation
• Vancouver Island Health Authority CARRIED

Chair Bryson returned to the meeting at 2:05 pm and assumed the chair.

5.6 JUAN DE FUCA LAND USE COMMITTEE – VOTING BLOCK B – February 19, 2013

1. Proposed Bylaw No. 3720, Comprehensive Community Plan for Willis Point Bylaw No. 1, 2002, Amendment Bylaw No. 1, 2013

MOVED by Director Hicks, SECONDED by Director Mendum, That proposed Bylaw No. 3720 which amends the Comprehensive Community Plan for Willis Point, Bylaw No. 3027, be referred to the appropriate CRD departments and the following agencies for comment:

• BC Hydro
• Cowichan Tribes
• District of Highlands
• District of Central Saanich
• District of Saanich
• Halalt First Nation
• Hul'qumi'num Treaty Group
• Lake Cowichan First Nation
• Lyackson First Nation
• Malahat First Nation
• Ministry of Transportation & Infrastructure
• Pauquachin First Nation
• Penelakut Tribe
• RCMP
• Saanich School District #63
• Stz'uminus First Nation
• Te'Mexw Treaty Association
• Tsartlip Indian Band
• Tsawout First Nation
• Tseycum Indian Band
• Vancouver Island Health Authority
• Willis Point Advisory Planning Commission
• Willis Point Fire Department CARRIED

2. Proposed Bylaw No. 3874, Malahat Land Use Bylaw, 1981, Bylaw No. 980, Amendment No. 143, 2013

MOVED by Director Hicks, SECONDED by Director Mendum,

1. That proposed Bylaw No. 3874 which amends the Langford Electoral Area Zoning Bylaw, 1981, Bylaw No. 980 be referred to the appropriate CRD departments and the following agencies for comment:

• City of Langford
• City of View Royal
• Cowichan Tribes
• Cowichan Valley Regional District
• District of Highlands
• Ministry of Transportation & Infrastructure
• Penelakut Tribe
• RCMP
• Scia'new First Nation
• Halalt First Nation
• Hul'qumi'num Treaty Group
• Lake Cowichan First Nation
• Lyackson First Nation
• Malahat Fire Department
• Malahat First Nation; and
• Sooke School District No. 62
• Stz'uminus First Nation
• Te'Mexw Treaty Association
• T'Sou-ke First Nation
• Vancouver Island Health Authority

2. That in accordance with Section 237.1(2) of the Local Government Act, the Board authorize a public information meeting with respect to Bylaw No. 3874, to be held at a location outside of the Capital Regional District Boundary. CARRIED

5.7 JUAN DE FUCA WATER DISTRIBUTION COMMISSION

1. Amendment to the Development Cost Charges Bylaw for Juan de Fuca Water Distribution

MOVED by Director Hicks, SECONDED by Director Hill, That Bylaw No. 3893 "Development Cost Charges Bylaw (Juan de Fuca Water Distribution), Bylaw No. 1, 2000, Amendment Bylaw No. 6, 2013", be introduced and read a first time and second time. CARRIED

MOVED by Director Hicks, SECONDED by Director Hill, That Bylaw No. 3893 be read a third time. CARRIED

5.8 PLANNING, TRANSPORTATION AND PROTECTIVE SERVICES COMMITTEE – February 27, 2013

1. Otter Point Official Community Plan Update (PPS/JP 2013-01)

MOVED by Director Desjardins, SECONDED by Director Wergeland, That the proposed amendments to the Otter Point OCP as described in Report No. PPS/JP 2013-01 be endorsed on the basis:

1. That the proposed amendment to the settlement areas are in keeping with the over-arching policies of the Regional Growth Strategy pertaining to the Rural/Rural Residential policy area, the Renewable Resource policy area and the Unprotected Green Space policy area; and
2. That the proposed amendment to the water servicing policy provides a policy framework for consideration of future water service extension, subject to Regional Growth Strategy amendments prior to any actual extension, and therefore does not conflict with the current growth strategy. CARRIED

2. Juan de Fuca Electoral Area Regional Growth Strategy Dispute Resolution Process (PPS/JP 2013-02)

MOVED by Director Desjardins, SECONDED by Director Wergeland,

1. That the Juan de Fuca Electoral Area-RGS Consistency Dispute Resolution Process as outlined in Report PPS/JP 2013-02 be adopted, to deal with Regional Growth Strategy consistency disputes with the Juan de Fuca Electoral Area; and
2. That the Terms of Reference for the Development Planning Advisory Committee be amended to accommodate the new consistency dispute resolution process. CARRIED

MOVED by Director Blackwell, SECONDED by Director Seaton, That a letter be written by the Board Chair to the Minister of Community, Sport and Cultural Development requesting the establishment of a Regional Growth land use dispute resolution mechanism for the Juan de Fuca Electoral Area and the Capital Regional District that is similar to the one presently in use between municipalities and the Capital Regional District. CARRIED

5.9 REGIONAL PARKS COMMITTEE – February 20, 2013

1. Bylaw No. 3879, An Amendment of Capital Regional District Parks Regulation Bylaw No. 1; Bylaw No. 3880 An Amendment of Capital Regional District Ticket Authorization Bylaw 1990

MOVED by Director Brice, SECONDED by Director Daly, That Bylaw No. 3879 "Capital Regional District Parks Regulation Bylaw No. 1, 2010, Amendment Bylaw No. 1, 2013" be introduced and read a first time and second time. CARRIED

MOVED by Director Brice, SECONDED by Director Daly, That Bylaw No. 3879 be read a third time. CARRIED

MOVED by Director Brice, SECONDED by Director Daly, That Bylaw No. 3880 "Capital Regional District Ticket Information Authorization Bylaw, 1990, Amendment Bylaw No. 51, 2013" be introduced and read a first time and second time. CARRIED

MOVED by Director Brice, SECONDED by Director Daly, That Bylaw No. 3880 be read a third time. CARRIED

2. Fundraising for Brooks Point Regional Park 2010 Land Acquisition

MOVED by Director Brice, SECONDED by Director Cross, That the report "Fundraising for Brooks Point Regional Park 2010 Land Acquisition" be received for information. CARRIED

3. Ecosystem Offset Business Case Investigation

MOVED by Director Brice, SECONDED by Director Cross, That staff proceed with the development of a Corporate Community Emissions Reduction Project for the greenhouse gas reductions associated with the acquisition, protection and management of select land parcels as shown in Attachment 1 of the staff report. CARRIED

6. ADMINISTRATION REPORTS

6.1 Public Hearing Report on Bylaw No. 3870, "Juan de Fuca Land Use Bylaw, 1992, Amendment Bylaw No. 115, 2013" (Voting Block A)

MOVED by Director Hicks, SECONDED by Director Blackwell, That the attached minutes that form the Report of Public Hearing and which are certified as a fair and accurate summary of the representations that were made at the Public Hearing on March 4, 2013 for Bylaw No. 3870, "Juan de Fuca Land Use Bylaw, 1992, Amendment Bylaw No. 115, 2013", be received. CARRIED

MOVED by Director Hicks, SECONDED by Director Blackwell, That Bylaw No. 3870 be read a third time. CARRIED

6.2 Delegation Bylaw Amendment Bylaw No. 3894 - To Include the Core Area Wastewater Treatment Commission

MOVED by Director Blackwell, SECONDED by Director Brownoff, That Bylaw No. 3894, "Capital Regional District Delegation Bylaw No. 1, 2001, Amendment Bylaw No. 7, 2013", be introduced and read a first time and second time. CARRIED

MOVED by Director Blackwell, SECONDED by Director Brownoff, That Bylaw No. 3894 be read a third time. CARRIED

MOVED by Director Blackwell, SECONDED by Director Brownoff, That Bylaw No. 3894 be adopted. CARRIED

7. BYLAWS

7.1 Bylaw No. 3721, "Official Community Plan for Malahat Bylaw No. 1, 2012" (Voting Block B)

MOVED by Director Hicks, SECONDED by Director Blackwell, That Bylaw No. 3721 be adopted. CARRIED

8. NEW BUSINESS

8.1 Correspondence: Mayor Wendal Milne, District of Sooke re Request for Contribution toward Hosting of Association of Vancouver Island and Coastal Communities 2013 AGM and Convention

Director Cross left the meeting at 2:25 pm stating a conflict of interest as a member of the Association of Vancouver Island and Coastal Communities Board.

MOVED by Director Blackwell, SECONDED by Alternate Director Kasper, That $2,000.00 be approved as a contribution to the District of Sooke toward hosting the Association of Vancouver Island and Coastal Communities 2013 AGM and Convention. CARRIED

Director Cross returned to the meeting at 2:26 pm.

8.2 Bylaw No. 3716, "Comprehensive Community Development Plan for Port Renfrew Bylaw No. 1, 2003, Amendment Bylaw No. 3, 2012" (Voting Block A)

MOVED by Director Hicks, SECONDED by Director Blackwell, That Bylaw No. 3716 be adopted. CARRIED

8.3 Environmental Sustainability Committee – February 27, 2013

1. Update on the Packaging and Printed Paper Extended Producer Responsibility Program (ERM 13-04)

MOVED by Director Jensen, SECONDED by Director Mendum, That the Chair of the Capital Regional District Board write the Minister of Environment stating that removing non-refundable glass from the CRD curbside program would be in direct opposition to the UBCM policy paper which states that existing levels of service be maintained or exceeded for those local governments that have established programs in place. CARRIED

9. MOTION TO CLOSE THE MEETING

MOVED by Director Blackwell, SECONDED by Director Mendum, That the Board close the meeting in accordance with the Community Charter, Part 4, Division 3, 90(1) (a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the regional district or another position appointed by the regional district (items 3.2.2, 3.3.1, 4.1, 5.1); (e) the acquisition, disposition or expropriation of land or improvements (items 3.1.2, 3.2.2, 3.5.1); and (m) a matter that, under another enactment, is such that the public may be excluded from the meeting (Item 3.1.1, 3.4). CARRIED

The Board closed the meeting at 2:28 pm and rose and reported at 3:28 pm.

10. RISE AND REPORT

The Board reported on the following:

• Release of a Request for Qualifications to Design and Construct the McLoughlin Point Wastewater Treatment Plant Project, Core Area Wastewater Treatment Program
• The acquisition of 808 and 836 Viewfield Road as a potential Biosolids Energy Centre Site, Core Area Wastewater Treatment Program
• The signing of a contribution agreement with Pender Islands Conservancy Association (PICA) to retain and protect a parcel of land at Brooks Point Regional Park
• Appointment to the Roundtable on the Environment of Nancy Wilkin, Stephen Brydon, Stephanie Cairns, Jill Doucette, Neville Grigg, Gene Miller and Dale Wall for a two-year term
• Appointment of Ted Robbins as General Manager, CRD Integrated Water Services
• Appointment to the Southern Gulf Islands Community Economic Development Commission of Brian Dearden
• Appointment to the Victoria Family Court and Youth Justice Committee of Geanine Robey, Victoria Restorative Justice Society
• Appointment to the Royal and McPherson Theatres Society Board of Saanich Councillor Paul Gerrard

11. ADJOURNMENT

MOVED by Director Alto, SECONDED by Alternate Director Coleman, That the meeting be adjourned at 3:28 pm. CARRIED