THE CORPORATION OF THE CITY OF FERNIE

Transcription

1 THE CORPORATION OF THE CITY OF FERNIE Minutes of a Regular Meeting of Council held at 7:00 PM on September 08, 2014 in the Council Chamber at City Hall, 501-3rd Avenue, Fernie, BC. Elected Officials Mayor M. Giuliano Councillor R. Macnair Councillor D. McSkimming Councillor W. Ripley Councillor J. Warshawsky Appointed Staff J. Hendricks, Chief Administrative Officer T. Holt, Director of Financial and Computer Services <7:25-8:30pm> B. Lennox, Director of Planning M. Martineau, Director of Corporate Administration Services T. Ruiter, Director of Fire & Emergency Services CALL TO ORDER Mayor Giuliano called the meeting to order at 7:00pm APPROVAL OF AGENDA AND LATE ITEMS 2.1 Social Policy Framework The Social Policy Framework presented by the Board Voice at the Committee of the Whole meeting was added to the agenda as item 10.2 under Reports of Committee, Committee of the Whole and Commissions. Moved by Councillor Warshawsky Seconded by Councillor Macnair THAT Council adds the Social Policy Framework presented by the Board Voice to the agenda as item 10.2 under Reports of Committee, Committee of the Whole and Commissions; AND THAT the agenda be adopted as amended. ADOPTION OF MINUTES R The minutes of the Regular Meeting of Council held on August 25, 2014 were adopted Moved by Councillor McSkimming Seconded by Councillor Warshawsky THAT Council adopts the minutes of the Regular Meeting of Council held on August 25, 2014 as presented. PUBLIC AND OTHER HEARINGS, AND CONSIDERATION OF THIRD READING OR ADOPTION OF BYLAWS AND ISSUANCE OF PERMITS WHERE APPLICABLE AFTER EACH HEARING 5.1 Zoning Bylaw No. 1750, Amendment Bylaw No. 168, Bylaw No. 2252, 2014 Mayor Giuliano convened the Public Hearing at 7:01pm to receive submissions from the public regarding the proposed zoning amendments to Whitetail Drive. Mayor Giuliano read out the Statement of the Chair, a copy of which is attached to and forms part of these minutes. The Director of Planning provided an overview of the application for Zoning Bylaw No. 1750, Amendment Bylaw No. 168, Bylaw No. 2252,

2 Minutes of a Regular Meeting of Council held September 08, 2014 Page and responded to questions of Council. One written submission was received from Geoff and Shauna Bygrave, which the Director of Planning read out, a copy of which is attached to and forms part of these minutes. The applicant, Mr. Simon Howse, was in attendance but did not make a presentation to Council. Mr. Howse presented Council with copies of the letters that he had received in support of his application from Kathleen Lohan, Tammy Schmidt, Pat Gilmar, Margaret Bordignon and Marilyn Brock, copies of which are attached to and forms part of these minutes. Mayor Giuliano called three times for submissions from the floor before declaring the first Public Hearing closed at 7:12pm. Moved by Councillor McSkimming Seconded by Councillor Ripley THAT Council gives Zoning Bylaw No. 1750, Amendment Bylaw No. 168, Bylaw No. 2252, 2014 third reading and refer it to the Ministry of Transportation and Infrastructure for approval. STAFF REPORTS 7.1 Fire Rescue Services Month End Report for August Partnering Agreement between the City of Fernie and Shaw Cablesystems Limited 7.3 Downtown Mobile Street Vendors Task Force The Director of Fire and Emergency Services provided an overview on the Rescue Services Month End Report for August 2014 which was received by Council. The Director of Financial & Computer Services provided an overview of his report on the Partnering Agreement between the City of Fernie and Shaw Cablesystems Limited. Moved by Councillor McSkimming Seconded by Councillor Macnair THAT Council authorizes the Mayor and the Clerk to execute a partnering agreement between the City of Fernie and Shaw Cablesystems Limited, for the provision of municipal services, being the provision of a free WiFi cloud in the downtown area and public facilities, for a term of five (5) years. The Director of Corporate Administration Services provided an overview of her report on the Downtown Mobile Street Vendors Task Force. Seconded by Councillor Warshawsky THAT Council adopts the Downtown Mobile Street Vendors Task Force Terms of Reference as presented; AND THAT Council directs staff to advertise for volunteers and contact the Chamber of Commerce for nominations for Council s consideration.

3 Minutes of a Regular Meeting of Council held September 08, 2014 Page Municipal Liquor Licence Policy Municipal Liquor Licence Policy was adopted. The Director of Corporate Administration Services provided an overview of her report. <Terry Holt left the meeting at 7:25pm.> Seconded by Councillor Ripley THAT Council adopts Municipal Liquor Licence Policy as presented; AND THAT Council repeals Liquor Sales After 2:00AM Policy and Special Occasion Liquor Licence Policy. 7.5 DVP-357 (641-7th Avenue) The Director of Planning provided an overview of his report regarding Development Variance Permit No. 357 to vary front yard setbacks for the property located at 641 7th Avenue to facilitate the construction of a three storey commercial/residential building. Moved by Councillor McSkimming Seconded by Councillor Ripley THAT Council approve Development Variance Permit Application No. DVPA-357 and give notice of their intention to consider the issuance of Development Variance Permit No. DVP-357 to Stacey Goldale and Noel Van Oostenbrugge for Lot B, District Lot 4588, Kootenay District, Plan 15706: 1. To vary the minimum front yard setback as set out in Section of Zoning Bylaw No for an metres x metres three-storey building with a proposed commercial use on the first storey and one dwelling unit on the second and third stories from 7.5 metres to 5.2 metres along a portion of the east property line; 2. To vary the maximum step projection into the required front yard setback as set out in section 3.8.4(a) of Zoning Bylaw No for a 1.07 metre x 5.51 metres wheelchair ramp attached to the east side of the metres x metres three-storey building from 1.2 metres to 3.37 metres along a portion of the east property line; 3. To vary the maximum step projection into the required front yard setback as set out in section 3.8.4(a) of Zoning Bylaw No for 1.07 metre x 3.05 metres front entrance steps attached to the east side of the metres x metres three-storey building from 1.2 metres to 3.37 metres along a portion of the east property line; and 4. To vary the maximum eave projection into the required front yard setback as set out in section 3.8.4(b) of Zoning Bylaw No for a 0.61 metre wide eave on the metres x metres threestorey building from 1.0 metres to 2.91 metres along a portion of the east property line.

4 Minutes of a Regular Meeting of Council held September 08, 2014 Page DVP-No. 358 (791-9th Avenue) The Director of Planning provided an overview of his report regarding Development Variance Permit Application No. 358 to legalize the property located at 791-9th Avenue and responded to questions from Council. Seconded by Councillor Ripley THAT Council approve Development Variance Permit Application No. DVPA-358 and give notice of their intention to consider the issuance of Development Variance Permit No. DVP-358 to Michael and Shelley L Estrange for Lot 5, Block 72, District Lot 4588, Kootenay District, Plan 734A: 1. To legalize the siting of the existing 13.1 metres x metres single detached dwelling only by varying the minimum front yard setback as set out in section of Zoning bylaw No. 1750, from 7.5 metres to 4.8 metres along a portion of the east property line; 2. To legalize the maximum eave projection into the required minimum front yard setback as set out in section 3.8.4(b) of Zoning Bylaw No for the existing 0.61 metre wide eave on the 13.1 metres x metres single detached dwelling only, from 1.0 metre to 3.31 metres along a portion of the east property line; 3. To legalize the maximum open porch projection into the required minimum front yard setback as set out in section 3.8.4(c) of Zoning Bylaw No for the existing 3.66 metres x 3.05 metres open porch only, from 1.8 metres to 3.97 metres along a portion of the east property line; 4. To legalize the maximum eave projection into the required minimum front yard setback as set out in section 3.8.4(b) of Zoning Bylaw No for the existing 0.61 metre wide eave on 3.66 metres x 3.05 metres open porch only, from 1.0 metre to 4.58 metres along a portion of the east property line; 5. To vary the minimum front yard setback as set out in Section of Zoning Bylaw No for a 3.29 metres x 9.25 metres attached carport from 7.5 metres to 4.8 metres along a portion of the east property line;. 6. To vary the minimum side yard setback as set out in Section of Zoning Bylaw No for a 3.29 metres x 9.25 metres attached carport from 1.83 metres to 1.3 metres along a portion of the south property line; and 7. To vary the maximum eave projection into the required front yard setback as set out in section 3.8.4(b) of Zoning Bylaw No for a 0.3 metre wide eave on the 3.29 metres x 9.25 metres attached carport from 1.0 metres to 3.0 metres along a portion of the east property line.

5 Minutes of a Regular Meeting of Council held September 08, 2014 Page DVPA-361 (2 Slalom Drive) The Director of Planning provided an overview of his report regarding Development Variance Permit Application No. 361 to vary the minimum front yard setback for the property located at 2 Slalom Drive. Seconded by Councillor Ripley THAT Council approve Development Variance Permit Application No. DVPA-361 and give notice of their intention to consider the issuance of Development Variance Permit No. DVP-361 to Michael and Jane Clark for Lot A, District Lot 4589, Kootenay District, Plan NEP69787: 1. To vary the minimum front yard setback as set out in Section of Zoning Bylaw No for an 8.23 metres x metres manufactured home from 6.0 metres to 4.5 metres along a portion of the west property line; 2. To vary the maximum eave projection into the required front yard setback as set out in section 3.8.4(b) of Zoning Bylaw No for a 0.25 metre wide eave on the 8.23 metres x metres manufactured home from 1.0 metres to 1.85 metres along a portion of the west property line; 3. To vary the minimum side yard setback as set out in Section of Zoning Bylaw No for a 5.55 metres x 9.75 metres detached garage from 4.5 metres to 3.75 metres along a portion of the south property line; 4. To vary the minimum rear yard setback as set out in Section of Zoning Bylaw No for a 5.55 metres x 9.75 metres detached garage from 4.5 metres to 1.5 metres along a portion of the east property line; 5. To vary the maximum eave projection into the required rear yard setback as set out in section 3.8.4(b) of Zoning Bylaw No for a 0.41 metre wide eave on the 5.55 metres x 9.75 metres detached garage from 1.0 metres to 3.41 metres along a portion of the east property line; and 6. To vary the maximum eave projection into the required side yard setback as set out in section 3.8.4(b) of Zoning Bylaw No for a 0.41 metre wide eave on the 5.55 metres x 9.75 metres detached garage from 1.0 metres to 1.16 metres along a portion of the south property line. CORRESPONDENCE 9.1 ALR "Use, Subdivision and Procedure Regulation" Proposed Changes The August 28, 2014 letter to UBCM President and Executive Members from the Professional Agrologists, Registered Professional Planners, and/or consultants regarding concerns with some or all of the proposed changes to the Agricultural Land Reserve (ALR) Use, Subdivision and Procedure Regulation was reviewed.

6 Minutes of a Regular Meeting of Council held September 08, 2014 Page CRT Local Governments Committee The September 2, 2014 letter from the Columbia River Treaty (CRT) Local Governments Committee was received as information. REPORTS OF COMMITTEES, COMMITTEE OF THE WHOLE AND COMMISSIONS 10.1 Emergency Social Services Director (ESSD) The Director of Corporate Administration Services provided an overview of the report from the Emergency Planning Committee on the Emergency Social Services Director (ESSD) Role. Seconded by Councillor Warshawsky THAT Council direct staff to advertise for a community volunteer to serve as the Emergency Social Services Director for the City of Fernie; AND THAT staff be directed to contact those individuals who applied to participate on the Emergency Planning Committee if they would be interested in putting their name(s) forward for consideration Social Policy Framework Council endorsed the Social Policy Framework resolution presented by the Board Voice. Seconded by Councillor Warshawsky WHEREAS every British Columbian depends on social services, health care, justice and education services; AND WHEREAS our communities are partners in the delivery of many of these services and are facing increasingly complex social challenges requiring coordination between multiple social ministries of government, municipalities and the community agencies and organizations that deliver services to the public; THEREFORE BE IT RESOLVED that the City of Fernie call upon the Premier to begin a consultation with British Columbians to initiate the development of a Social Policy Framework that will set out key policy directions, values, priorities, roles and expectations, and guide the creation of public policy to meet our social needs now and into the future. BYLAWS 11.1 Zoning Bylaw No. 1750, Amendment Bylaw No.1750, Bylaw No.2258, 2014 The Director of Planning provided an overview of Zoning Bylaw No. 1750, Amendment Bylaw No.1750, Bylaw No.2258, 2014 for approval of the application, first and second readings, and scheduling of a public hearing. Moved by Councillor McSkimming Seconded by Councillor Warshawsky THAT Council approve the application submitted by Yvonne May and Jake Christiansen of Pinnacle LLC to amend Zoning Bylaw No by rezoning Lot 7, Block 65, District Lot 4588, Kootenay District, Plan 734A from R1 Single Family Residential to R1SL Single Family Residential

7 Minutes of a Regular Meeting of Council held September 08, 2014 Page 7 Small Lot; AND THAT Zoning Bylaw No. 1750, Amendment Bylaw No. 169, Bylaw No. 2258, 2014 be given first and second readings, and that Council schedule a public hearing Zoning Bylaw No. 1750, Amendment Bylaw No. 170, Bylaw No. 2262, 2014 The Director of Planning provided an overview of Zoning Bylaw No. 1750, Amendment Bylaw No.170, Bylaw No. 2262, 2014 for approval of the application, first and second readings, and scheduling of a public hearing. Seconded by Councillor Ripley THAT Council approve the application submitted by Kate Pollock to amend Zoning Bylaw No by rezoning Lot 13, Block 47, District Lot 4588, Kootenay District, Plan 734A from R1 Single Family Residential to R1SL Single Family Residential Small Lot; AND THAT Zoning Bylaw No. 1750, Amendment Bylaw No. 170, Bylaw No. 2262, 2014 be given first and second readings, and that Council schedule a public hearing. INFORMATION ITEMS & UBCM "The Compass" 13.2 Western Financial Group "Shave & Shove Cancer Fundraiser"- Saturday, September 20, B 2nd Avenue The August 27, 2014 and September 3, 2014 Union of British Columbia of Municipalities (UBCM) newsletters "The Compass" were received. The August 26, from Shannon Willford, Branch Manager of Western Financial Group, inviting Council and staff to their "Shave & Shove Cancer Fundraiser" on Saturday, September 20, 2014 was reviewed. REPORTS FROM COUNCIL 14.1 Councillor Warshawsky 14.2 Councillor Macnair Councillor Warshawsky inquired when the next Resort Municipality Initiative (RMI) Advisory Working Group meeting was scheduled and if all members of Council needed to attend the upcoming Town Hall meeting on September 17, 2014 for the West Fernie Boundary Extension. Councillor Macnair acknowledged dedication of the volunteers of the "Dr. Sparling East Park" and congratulated staff, particularly Mr. Mertz for the work put into the area. RESOLUTION TO CLOSE MEETING TO THE PUBLIC 15.4 Section 90(1)(n) discussion whether matter should be closed Seconded by Councillor Warshawsky THAT the meeting be closed to the public pursuant to Section 90(1)(n) of the Community Charter, so that Council may consider whether the next item on the agenda should be considered in closed.

8 Minutes of a Regular Meeting of Council held September 08, 2014 Page 8 Section 90(1)(a) personal information The meeting closed at 8:09pm and then Council returned to the open at 8:18pm. Seconded by Councillor McSkimming THAT the meeting be closed to the public pursuant to Section 90(1)(a) of the Community Charter, as the subject matter being considered at this time relates to personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality. The meeting closed at 8:19pm and then Council returned to the open at 8:30pm. ADJOURN Mayor Giuliano declared the meeting adjourned at 8:30pm. Mayor Giuliano, Chair Michelle Martineau, Director of Corporate Administration Services I hereby certify the foregoing to be the correct Minutes of a Regular Meeting of Council held September 08, 2014

9 STATEMENT TO BE READ BY THE CHAIRPERSON OF A PUBLIC HEARING 2014/09/08 This Public Hearing is being convened pursuant to Sections 890 and 922 of the Local Government Act in order to consider the following proposed Bylaws: 1. Bylaw No. 2252, cited as Zoning Bylaw No. 1750, Amendment Bylaw No. 168, 2014 to receive submissions from the Public regarding the proposed zoning changes to amend the Zoning Bylaw No. 1750, Special Policy Area CD1 Subzones Map for the property located at Whitetail Drive. At this Public Hearing any person present who believes his or her interest in property is affected shall be given an opportunity to be heard on matters contained in the proposed bylaw. No one will be, or should feel, discouraged or prevented from making his or her views known. However, it is important that all who speak at this meeting restrict their remarks to matters contained in the bylaw. Those of you who wish to speak should, at the appropriate time, commence your address to the Council by clearly stating your name and address then you may share your views with Council. Members of Council may, if they so wish; may ask questions of you following your presentation. However, the main function of the Council members this evening is to listen to the views of the public. It is not the function of Council at this Public Hearing to debate the merits of the proposed bylaw with individual citizens. After the Public Hearing is concluded, Council may give further consideration to the proposed bylaw.

10 From: To: Subject: Date: City Hall Michelle Martineau FW: Comments for Sep 8, 2014 public hearing on Zoning Bylaw No. 1750, Amendment Bylaw No.168, Bylaw No. 2252, 2014 Tuesday, September 09, :56:31 PM -----Original Message----- From: G&S Bygrave Sent: Sunday, September 07, :15 PM To: Subject: Comments for Sep 8, 2014 public hearing on Zoning Bylaw No. 1750, Amendment Bylaw No.168, Bylaw No. 2252, 2014 To whom it may concern, I am writing to comment on the proposed zoning change at the end of Whitetail Drive. Our residence at 5D Spruce Place is adjacent to the subject property. The area adjacent to our location is currently zoned as part of Comprehensive Development and planned for Leisure Recreation use. This zoning is consistent with the recent community plan bylaw and it's focus on mitigating negative visual impacts, pedestrian linkages and trail integration. Detailed plans for proposed DR1 zoning are not available but may have negative impacts on adjacent residents. I request the following be included in consideration of this zoning change and future planning: 1) Tree barrier between homes on Spruce Place and the proposed property to maintain current forest view. We enjoy this location as it looks off into the forest, is quiet and peaceful. It feels like more like we live in the forest than in town. 2) Detailed plans for the subject property include public consultation (and hearing if appropriate). 3) Pedestrian and trail access be a high priority, including parks and natural open spaces, and use a significant portion of the subject property. The expectation of current residents is the area to the SE of Castle Mountain Villas would be a golf course some day. Thank you for your consideration. Sincerely, Geoff Bygrave Geoff and Shauna Bygrave 5D Spruce Place Fernie, BC V0B 1M0=

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