CITY OF DUNCAN. Agenda Public Hearing Agenda Meeting Monday, November 5, 6:00 p.m. Council Chambers, City Hall, 200 Craig Street, Duncan, BC

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1 Page 1 of 7 CITY OF DUNCAN Agenda Public Hearing Agenda Meeting Monday, November 5, 6:00 p.m. Council Chambers, City Hall, 200 Craig Street, Duncan, BC Page # 1. Call to Order 2. Explanation of Procedures 3. Explanation of Proposed Amendment 3.1. Zoning Amendment Bylaw No.3073 Proposes to amend Zoning Bylaw 1540, 1988 to allow for the keeping of backyard hens Correspondence - none received 3.3. Presentations or questions from the public 4. Adjournment Public Hearing Agenda Meeting - November 5, 2012

2 Page 2 of 7 CITY OF DUNCAN AMENDMENT BYLAW NO. 3073, 2012 BEING A BYLAW TO AMEND ZONING BYLAW No WHEREAS the Local Government permits municipalities to regulate the use of land, including accessory uses to land; WHEREAS Council of the City of Duncan wishes to permit the keeping of hens as an accessory use in certain residential zones; NOW THEREFORE the Council of the City of Duncan enacts as follows: l. That City of Duncan Zoning Bylaw No. 1540, 1988 be amended as follows: (a) By adding the following to section 3.1 as a definition: "Backyard Hen Enclosure" means the use of land for the keeping of hens. (b) By listing all definitions in Zoning Bylaw No. 1540, 1988 in alphabetical order without numbering. (c) By adding the following as section 5.20: 5.20 Backyard Hen Enclosure In the zones permitted, a Backyard Hen Enclosure must: (a) be an accessory use conducted by a resident of the parcel; (b) consist of at most six (6) hens kept for personal egg consumption; (c) be located in a backyard such that the dwelling unit is between the Backyard Hen Enclosure and the front parcel line; (d) use only a Pen and a Coop as each of those terms are defined by the Animal and Poultry Regulation and Animal Pound Bylaw, and no other structures; (e) have a Coop no larger than 8 square metres in floor area and no higher than 3 metres; (f) have the Coop and the Pen placed at least: Page 1 of 2

3 Page 3 of 7 Zoning Amendment Bylaw (Backyard Chickens) No. 3073, 2012 (i) 2.5 metres from the exterior side parcel line, the interior side parcel line and the rear parcel line; (ii) 17.5 metres from the front parcel line; and (iii) have the Coop and the Pen placed at least 7.5 metres from every road, laneway, and public path. (d) By adding the following as section 7.1(a)(1a): (1a) Backyard Hen Enclosure accessory to a single family residential dwelling; (e) By adding the following as section 7.2(a)(1 a): (1a) Backyard Hen Enclosure accessory to a single family residential dwelling; 2. That this Bylaw may be cited as "Zoning Amendment Bylaw (Backyard Chickens) No. 3073, 2012." READ A FIRST TIME THE 15th DAY OF October, READ A SECOND TIME THE 15th DAY OF October, PUBLIC NOTICE IN ACCORDANCE WITH SECTION 892 OF THE LOCAL GOVERNMENT ACT PUBLISHED IN THE COWICHAN VALLEY CITIZEN THE 31st DAY OF October, 2012, AND THE 2nd DAY OF November, PUBLIC HEARING HELD THE DAY OF, READ A THIRD TIME THE DAY OF,2012. ADOPTED THE DAY OF,2012. Mayor Page 2 of 2

4 Page 4 of 7 CITYof DUNCAN NOTICE OF PUBLIC HEARING Proposed Amendments to City of Duncan Zoning Bylaw, No. 1540,1988 NOTICE IS HEREBY GIVEN that On Monday, November 5, 2012, commencing at 6:00 p.m. in the Council Chambers, Second Floor of City Hall, 200 Craig Street, the Council of the City of Duncan will hold a Public Hearing to allow the public to make verbal or written representation to Council with respect to the following proposed Zoning Bylaw amendment: 1. ZONING AMENDMENT BYLAW (BACKYARD CHICKENS) NO. 3073, 2012 The proposed Bylaw amendment will affect all properties zoned R-1 Zone - Urban Residential and R-2 Zone - Suburban Residential. The general intent of the proposed Bylaw is to permit the keeping of a maximum of six (6) hens on properties zoned for single-family residential use (R-1 or R-2) within the City of Duncan and to regulate the placement of pens and coops for the keeping of hens on those properties. Any consequential amendments to the Bylaws will also be considered at the Public Hearing. At the Public Hearing, all persons who deem themselves affected by the proposed Bylaws shall be afforded an opportunity to be heard before Council on matters contained in the Bylaw. If you cannot attend, please write to City Council at the address or fax number below, or send an to duncan(5)duncan.ca before 4:30 pm, Monday November 5, Submissions will become part of the public record. Copies of the proposed Bylaw may be viewed until November 5th, 2012, at the Administration Office or Development Services Department, City Hall, 200 Craig Street, Duncan from 8:30 a.m. to 4:30 p.m., Monday to Friday on regular working days. If you have any questions, please contact Michelle Geneau, City Planner, at Lynn Ketch Dated the 24th day of October, 2012

5 Cowkhan Valley Citizen Friday, November 2, Wednesday, October 31,2012 j Cowichan Valley Citizen CITYo/DUNCAN NOTICE OF PUBLIC HEARING Proposed Amendments to City of Duncan Zoning Bylaw, No. 1540,1988 NOTICE IS HEREBY GIVEN that on Monday, November 5, 2012, commencing at 6:00 p.m. in the Council Chambers, Second Floor of City Hall, 200 Craig Street, the Council of the City of Duncan will hold a Public Hearing to allow the public to make verbal or written representation to Council with respect to the following proposed Zoning Bylaw amendment: 1. ZONING AMENDMENT BYLAW (BACKYARD CHICKENS) NO. 3073, 2012 The proposed Bylaw amendment will affect ajl properties zoned R-1 Zone - Urban Residential and R-2 Zone - Suburban Residential. The general intent of the proposed Bylaw is to permit the keeping of a maximum of six (6) hens on properties zoned for single-family residential use (R-1 or R-2) within the City of Duncan and to regulate the placement of pens and coops for the keeping of hens on those properties. Any consequential amendments to the Bylaws will also be considered at the Public Hearing. At the Public Hearing, all persons who deem themselves affected by the proposed Bylaws shall be afforded an opportunity to be heard before Council on matters contained in the Bylaw. If you cannot attend, please write to City Council at the address or fax number below, or send an to duncan@duncan.ca before 4:30 pm, Monday November 5, Submissions will become part of the public record. Copies of the proposed Bylaw may be viewed until November 5th, 2012, at the Administration Office or Development Services Department, City Hall, 200 Craig Street, Duncan, BC, V9L 1W3 from 8:30 a.m. to 4:30 p.m., Monday to Friday on regular working days. If you have any questions, please contact Michelle Geneau, City Planner, at Lynn Ketch Dated the 24 th day of October, 2012 CITYqf DUNCAN NOTICE OF PUBLIC HEARING Proposed Amendments to City of Duncan Zoning Bylaw, No. 1540,1988 NOTICE IS HEREBY GIVEN that on Monday, November 5, 2012, commencing at 6:00 p.m. in the Council Chambers, Second Floor of City Hall. 200 Craig Street, the Council of the City of Duncan will hold a Public Hearing to allow the public to make verbal or written representation to Council with respect to the following proposed Zoning Bylaw amendment: 1. ZONING AMENDMENT BYLAW (BACKYARD CHICKENS) NO. 3073,2012 The proposed Bylaw amendment will affect all properties zoned R-1 Zone - Urban Residential and R-2 Zone - Suburban Residential. The general intent of the proposed Bylaw is to permit the keeping of a maximum of six (6) hens on properties zoned for single-family residential use (R-1 or R-2) within the City of Duncan and to regulate the placement of pens and coops for the keeping of hens on those properties. Any consequential amendments to the Bylaws will also be considered at the Public Hearing. At the Public Hearing, all persons who deem themselves affected by the proposed Bylaws shall be afforded an opportunity to be heard before Council on matters contained in the Bylaw. If you cannot attend, please write to City Council at the address or fax number below, or send an to duncan@duncan.ca before 4:30 pm, Monday November 5, Submissions will become part of the public record. Copies of the proposed Bylaw may be viewed until November 5th, 2012, at the Administration Office or Development Services Department, City Hatl, 200 Craig Street, Duncan, BC, V9L 1W3 from 8:30 a.m. to 4:30 p.m., Monday to Friday on regular working days. If you have any questions, please contact Michelle Geneau, City Planner, at Lynn Ketch Dated the 24th day of October, 2012 Page 5 of 7

6 Page 6 of 7 Staff Recommendation Date: October 11, 2012 To: Mayor & Council - October 15,2012 From: Tom Ireland, CAO Re: Zoning Amendment Bylaw (Backyard Chickens) No. 3073, 2012 RECOMMENDATION: That Zoning Amendment Bylaw (Backyard Chickens) No. 3073, 2012 be given first and second reading, and that a Public Hearing be scheduled for November 5,2012. KEY ISSUES AND BACKGROUND: Council has directed that staff prepare for their consideration appropriate Bylaws, or amendments to existing Bylaws, that would permit the keeping of backyard chickens be permitted on certain properties and under certain conditions intended to minimize any possible nuisances that might be associated with these chickens. Council believes that the keeping of backyard chickens is consistent with the Official Community Plan, Neighbourhood Policy of: "Develop acceptable urban farming policies that support small-scale agricultural initiatives while balancing the need for quiet enjoyment for neighbouring residents." The keeping backyard chickens (hens) has been the subject of local public meetings and surveys and the pros and cons have been debated extensively. If backyard chicken are to be permitted on certain properties, they must be sanctioned in the City's Zoning Bylaw as permitted "accessory uses". Furthermore, just as the Zoning Bylaw is the appropriate Bylaw to deal with 'permitted uses', it is also the appropriate Bylaw to deal with the 'siting' of those uses. Thus before we regulate the keeping of chicken in our Animal and Poultry Regulation and Animal Pound Bylaw, we should amend our Zoning Bylaw to make the keeping of chickens a permitted use and to regulate their siting. The regulations contained in Zoning Amendment Bylaw (Backyard Chickens) No. 3073, 2012 and in the amendments to the City's Animal and Poultry Regulation Bylaw also being considered are intended to "balance the need for quiet enjoyment for neighbouring residents" and therefore seem to be an "acceptable urban farming Page 1 of 2

7 Page 7 of 7 Recommendation - Zoning Amendment Bylaw (Backyard Chickens) No. 3073, October 11,2012 policy". Because of the foregoing one might conclude that Zoning Amendment Bylaw (Backyard Chickens) No. 3073, 2012 is consistent with the Official Community Plan and that a Public Hearing could be waived. Nevertheless, the safer course is to hold a Public Hearing. Page 2 of2