COUNCIL REPORT - PROPOSED STREETS BYLAW NO. 980, 2019

BACKGROUND:

At the September 2019 Committee of the Whole meeting, the proposed Streets Bylaw was presented and the following motion made at that meeting was supported at the September 17, 2019 Council meeting:

THAT the “residential parking permit zone” provision not be included in draft Streets Bylaw No. 980, 2019;

AND THAT a provision be made to permit the use of skateboards, push scooters, strider bikes, rollerskates, and in-line skates on sidewalks in draft Streets Bylaw No. 980, 2019;

AND THAT the boulevard parking provisions proposed in draft Streets Bylaw No. 980, 2019 regarding:

• minimum shoulder width of 2.5m;
• minimum clearance of 6.0m on the roadway; and
• maximum encroachment into a roadway 30cm be utilized;

AND THAT the Town’s current Bylaw Enforcement Policy be followed with respect to existing non-permitted boulevard encroachments/improvements;

AND THAT proposed Streets Bylaw No. 980, 2019 be forwarded to the Community Development Advisory Committee for information;

AND FURTHER THAT a public information open house be held on Monday, October 7, 2019. (C-123-19)

Since the September Committee of the Whole meeting, the draft Streets Bylaw has been considered by the Community Development Advisory Committee (CDAC) and was the subject of a public open house on Monday, October 7.

CDAC provided the following recommendation that Council supported at its October 15, 2019 Council meeting:

THAT coincident with the adoption of the Streets Bylaw No. 980, 2019, there be educational materials developed and distributed that highlight the various aspects of the bylaw – such as alternative modes of transportation, parking regulations and the types of permits available – and that such information also note the benefits of the Bylaw. (C-130-19)

The open house on October 7, 2019 attracted seventeen attendees who reviewed the presentation boards provided and discussed various aspects of the proposed bylaw with staff and the Mayor who was in attendance. Good feedback and questions were generated.

DISCUSSION:

Since the September Committee of the Whole meeting, several changes have been made to the draft Bylaw. The attached annotated bylaw (see Attachment “A”) shows the changes in red and a description as to the rationale for the change in blue font. Attachment “B” is the unmarked version of the draft Bylaw.

Of note, the draft Bylaw now contains additional illustrations in the definition section and a new definition for “Alternative Transportation Mode” has been added to reflect the September 2019 Committee of the Whole discussion.

Following up on a June 2019 Council discussion regarding parking in the Chilco/Nursery Hill area, the “Residential Parking Only Zones” provision – where these exist in the municipality (not just this one neighbourhood) – has been refined to allow parking within a 250 metre radius from one’s parcel frontage.

To clarify a question that arose at the October 7 open house, in areas of high maintenance, such as Helmcken Road and parts of Island Highway, the Town will continue to maintain the strip of grass directly adjacent to the Roadway – the separated Boulevard – but the owner of a parcel adjacent to a Boulevard – the strip between the Sidewalk and the private property line – becomes the responsibility of the owner to maintain. In many instances this maintenance activity is already occurring.

Educational/Promotional Materials

Coincident with adoption, staff are developing materials in various formats covering various aspects of the bylaw. Distribution will be through the Town’s website, social media, newsletters, a newspaper advertisement, and potentially a press release.

Enforcement

As discussed at the September 2019 Committee of the Whole meeting, enforcement will continue in keeping with the Town’s Bylaw Enforcement Policy (see Attachment “C”).

Other Bylaws – New and Amendments

As noted in the September 2019 CoW report, there are several other bylaws required to be amended. Specifically, the following existing bylaws are proposed to be amended to reflect the new Streets Bylaw:

• Municipal Ticket Information Bylaw No. 643, 2007 (see Attachment “D”);
• Fees and Charges Bylaw No. 958, 2016 (see Attachment “E”);
• Parks and Public Places Bylaw No. 986, 2018 (see Attachment “F”); and
• Noise Control Bylaw No. 523, 2003 (see Attachment “G”).

As well, a new bylaw (Firearms and Bow Use Bylaw No. 1032, 2019) is required to be developed to account for the loss of the firearms provision in Streets and Traffic Bylaw No. 609 that is to be repealed (see Attachment “H”). Readings for this new bylaw will be proposed once West Shore RCMP has provided feedback on the draft.

CONCLUSION:

In conclusion, the proposed Streets Bylaw No. 980, 2019 provides a modernization and simplification to the existing Streets and Traffic Bylaw No. 609. The proposed Bylaw includes provisions that facilitate property owners’ requests for items like driveway crossings and boulevard improvements while at the same time balancing the need for public safety.

It should be noted that some of the provisions in Bylaw No. 980 may be directional in nature and difficult to ticket under (for example, the suggestion to plant drought-tolerant vegetation in a boulevard improvement project). However, it is anticipated that a common-sense approach – the approach already followed by the Town’s Bylaw Enforcement Officer – will be applied in enforcement matters and some of the provisions will be instructional and guiding to members of the public.

RECOMMENDATION:

THAT the October 31, 2019 report prepared by the Development and Asset Technologist and the Corporate Officer entitled “Proposed Streets Bylaw No. 980, 2019” be received.

SUBMITTED BY: M. Gill, Development and Asset Technologist

SUBMITTED BY: S. Jones, Corporate Officer

REVIEWED BY: K. Anema, Chief Administrative Officer