Waiver of Public Hearing for Request to Remove Covenant EK061366 on Meadow Vale Drive/Riverside Drive

Council Report

TO: Mayor and Council DATE: June 29, 2017 FROM: J. Chow, Senior Planner MEETING: July 4, 2017

Waiver of Public Hearing for Request to Remove Covenant EK061366 on Meadow Vale Drive/Riverside Drive

RECOMMENDATION:

THAT the June 29, 2017 report from the Senior Planner titled “Waiver of Public Hearing for Request to Remove Covenant EK061366 on Meadow Vale Drive/Riverside Drive” be received;

AND THAT the requirement for a public hearing for the request to remove Covenant EK061366 be waived so that the proposal can be considered at a regular Council meeting with public notice.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS:

I concur with the recommendation.

PURPOSE OF REPORT:

To consider waiving the requirement for a public hearing for a request to remove Covenant EK061366 registered on properties located on Meadow Vale Drive and Riverside Drive.

BACKGROUND:

The subject properties at 1927 Riverside Drive and 2187, 2203, 2215, 2227, 2239, 2251, 2263, 2275, and 2287 Meadow Vale Drive (see Attachment 1) are ten residential parcels with single family dwellings built in the late 1990s. They are located on the west bank of Craigflower Creek, which is within Thetis Lake Regional Park. Covenant EK061366 was established in 1996 as part of the development process and applies to a 7.5 metre wide strip of land parallel to the rear lot lines. In most cases, the covenant areas cover nearly the entire rear yards. The covenant generally states that other than a fence, nothing may be built in the covenant area and that trees, shrubs, ground cover and plant life of a certain size are to be preserved.

On February 7, 2017, Council received a petition signed by owners of the subject properties. This petition requested authorization to remove Covenant EK061366 from the subject properties. At the March 14 2017 Committee of the Whole meeting, the Town agreed to cost share with petitioners a Riparian Areas Assessment in order to understand the implications of removing the covenant. The assessment has been prepared to assist in Council’s consideration of the proposal at an upcoming Council meeting.

DISCUSSION:

The Riparian Area Assessment report identifies that the Streamside Protection and Enhancement Area (SPEA) extends into a number of the subject properties. All of the properties are also included in the Natural Watercourse and Shoreline Area Development Permit Area which establishes guidelines to protect this area and would facilitate development that meets environmental protection objectives. The covenant effectively restricts any use of this area and is inconsistent with contemporary environmental protection practices which facilitate sensitive use and encourage restoration of environmentally important areas.

Covenant EK061366 was enacted at a time before the Natural Watercourse and Shoreline Area Development Permit Area was enacted. The designation of the Development Permit area in the Town’s Official Community Plan Bylaw No. 811, 2011 makes the covenant redundant.

Because the covenant was adopted in conjunction with a zoning bylaw amendment that included a public hearing, the process to release the covenant requires public notice. Since the proposal is in keeping with Official Community Plan, a public hearing can be waived.

If the requirement for public hearing is waived, the proposal can be considered at a regular Council meeting if there is public notification of the meeting and an opportunity for public comment. It would be less formal than a public hearing and would allow for more discussion.

The Development Permit Area identifies certain activities that are exempt from a requirement for a Development Permit including certain landscaping activities and limited building activities. It is likely that any additions to houses or extensive landscaping would trigger the Development Permit Requirements and a DP application would be considered by Council (or the Director of Development Services where this authority has been delegated). For reference, the Development Permit Area Guidelines are attached (Attachment 2).

RECOMMENDATION:

THAT the June 29, 2017 report from the Senior Planner titled “Waiver of Public Hearing for Request to Remove Covenant EK061366 on Meadow Vale Drive/Riverside Drive” be received;

AND THAT the requirement for a public hearing for the request to remove Covenant EK061366 be waived so that the proposal can be considered at a regular Council meeting with public notice.

SUBMITTED BY: J. Chow, MCIP, RPP, Senior Planner

REVIEWED BY: L. Chase, MCIP, RPP, Director of Development Services

ATTACHMENTS:

1. Property Location Map
2. Natural Watercourse and Shoreline Area Development Permit Area Guidelines