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Alberni-Clayoquot Regional District

BOARD OF DIRECTORS MEETING WEDNESDAY, APRIL 25, 2018, 1:30 pm

Regional District Board Room, 3008 Fifth Avenue, Port Alberni, BC

AGENDA

PAGE # 1. CALL TO ORDER Recognition of Traditional Territories. 2. APPROVAL OF AGENDA

(motion to approve, including late items requires ALL VOTE 2/3 majority vote)

3. DECLARATIONS (conflict of interest or gifts exceeding $250 in value as per section 106 of the

Local Government Act)

4. ADOPTION OF MINUTES (ALL VOTE)

a. Board of Directors Meeting – April 11, 2018

THAT the minutes of the Board of Directors meeting held on April 11, 2018 be adopted.

5. PETITIONS, DELEGATIONS & PRESENTATIONS (10 minute maximum)

a. Operations Commander, Staff Sergeant Terry Smith, Port Alberni Detachment, RCMP regarding the Port Alberni RCMP Quarterly Report for January to March, 2018.

6. CORRESPONDENCE FOR ACTION

(ALL VOTE)

a. UCLUELET SALMON FISHERMEN, CALLING FOR FEDERAL FISHERIES MINISTER TO RELEASE $17 MILLION IN EMERGENCY RELIEF TO COMMUNITIES HIT HARD BY SALMON DEAL WITH U.S.

Ucluelet Salmon Fisherman, April 11, 2018, News Release, News Release Calling Federal Fisheries Minister to Release $17 Million in Compensation from the U.S. Government for Communities Damaged by the Deal made between the Governments of Canada and the US.

Possible Motion:

7-12 13-15 16-17

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ACRD Board Agenda April 25/18

THAT the Alberni-Clayoquot Regional District Board of Directors forward a letter to the Minister of Fisheries supporting the Ucluelet Salmon Fisherman’s request for the $17 Million in U.S. Compensation be Released as Emergency Relief to Communities Hit Hard by the Salmon Catch Reductions.

7. CORRESPONDENCE FOR INFORMATION (ALL VOTE)

a. BC FERRY AUTHORITY Appointments to the BC Ferry Authority Board of Directors b. COLUMBIA SHUSWAP REGIONAL DISTRICT Need for Changes to the Regulations for Class E Licences c. LOCAL GOVERNMENT PROGRAM SERVICES Strategic Wildfire Prevention Initiative – Approval 2018 FireSmart

Planning Activities Grant Approval – Areas E, F, Beaver Creek and Cherry Creek

Strategic Wildfire Prevention Initiative – Approval 2018 FireSmart Planning Activities Grant Approval – B & D, Beaufort and Sproat Lake

d. ISLAND COASTAL ECONOMIC TRUST Working Waterfront Trail, Lookouts Will Bring Visitors to Sayward THAT the Board of Directors receive items a-d for information.

8. REQUEST FOR DECISIONS & BYLAWS

a. REQUEST FOR DECISION Alberni Valley Flying Club Lease – Alberni Valley Airport (ALL VOTE)

THAT the Alberni‐Clayoquot Regional District Board of Directors consent to an assignment of an interest in the Alberni Valley Flying Club Hangar lease at the Alberni Valley Regional Airport, from Harry Sperber to Kenneth John Schuurman, and authorize the CAO and Chair to sign on behalf of the ACRD.

b. REQUEST FOR DECISION

Hangar Lease Lot Renewals – Alberni Valley Regional Airport (ALL VOTE)

THAT the Alberni‐Clayoquot Regional Board of Directors agree to renew the following hangar lease lots at the AVRA:

Lease Lot A ‐ Bowerman Excavating Ltd. commencing May 1, 2018 and ending April 30, 2021 for the annual rate of $3095.54 plus GST and CPI increases.

Lease Lot 7 ‐ Allen Paul commencing May 1, 2018 and ending April 30, 2021 for the annual rate of $1599.75 plus GST and CPI increases.

18 19-26 27-28 29-30 31-32 33 34

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c. REQUEST FOR DECISION Porsche Club Event – Use of Long Beach Airport (ALL VOTE)

THAT the Alberni‐Clayoquot Regional District Board of Directors issue a licence of use to the Vancouver Island Region of the Porsche Club of America to use the north half of Runway 16‐34, Apron #2 and Taxiways A, B and C at the Long Beach Airport on Friday May 25th and Saturday, May 26th, 2018 to conduct Driver Training Sessions and an Autocross Event. d. REQUEST FOR DECISION

Sproat Lake Volunteer Fire Department – Pumper Fire Apparatus RFP (ALL VOTE)

THAT the Alberni‐Clayoquot Regional District Board of Directors award the contract to supply a Pumper Fire Apparatus to the Sproat Lake Volunteer Fire Department to Associated Fire Safety Group in the amount of $590,998.94 plus GST.

9. PLANNING MATTERS 9.1 ELECTORAL AREA DIRECTORS ONLY

a. RA18004, FENTON, 255 BRADY’S BEACH TRAIL (BAMFIELD)

Rezoning Application – Report and Bylaw P1374

THAT Bylaw P1374, Regional District of Alberni-Clayoquot Zoning Atlas Amendment Bylaw be read a first time. THAT the public hearing for Bylaw P1374 be delegated to the Director for Electoral Area ‘A’, the Alternate Director or the Chairperson of the Regional District. THAT the Board of Directors confirm that adoption of Bylaw P1374 is subject to:

Confirmation from a Registered On‐Site Wastewater Practitioner that an on-site sewage disposal system can be designed and installed to meet the sewerage regulations of the proposed development. Review by Environmental Services staff to ensure that the Bamfield Water System can accommodate the additional density on the property. Meeting technical referral agency requirements.

b. TUP18008, HFN LANDS LTD PARTNERSHIP, 390 GRAPPLER ROAD (BAMFIELD)

35-42 43-44 45-52 53-60

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Temporary Use Permit Application – Report

THAT the Regional Board consider issuing Temporary Use Permit TUP18008 subject to neighbouring properties being notified as per Local Government Act s.494. c. DVD18004, CONLEY & BROLEY PROPERTIES INC, 9618 STIRLING ARM CRESCENT (SPROAT LAKE)

Development Variance Application – Memorandum and Permit

THAT the Board of Directors issue development variance permit DVD18004. d. DVD18006, SPILLMAN, 10028 B LAKESHORE ROAD (SPROAT LAKE)

Development Variance Application – Report

THAT the Board of Directors is, at this time, disposed to deny this application. Prior to doing so, the Board wishes to offer the applicants the opportunity to present their own case as to why this matter should not be denied. Note: Should the Board wish to gather more information from neighbours, a resolution to consider issuance of Development Variance Permit DVD18004, subject to neighbouring properties being notified as per Local Government Act s.499, would be appropriate.

e. DVD18007, BAILEY, 10846 TAYLOR ARM DRIVE (SPROAT LAKE) Development Variance Application – Report

THAT the Board of Directors consider issuing development variance permit DVD18007, subject to neighbouring properties being notified as per Local Government Act s.499. f. TUP18005, BROOME, 9290 STIRLING ARM DRIVE (SPROAT LAKE)


THAT the Regional Board consider issuing Temporary Use Permit TUP18005 subject to neighbouring properties being notified as per Local Government Act s.494. g. TUP18002, BAUER/HAWKINS, 2431 OLD NANAIMO HIGHWAY (CHERRY CREEK)


THAT the Regional Board consider issuing Temporary Use Permit TUP18002 subject to neighbouring properties being notified as per Local Government Act s.494.

61-63 64-70 71-86 87-95 96-104

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h. BEAVER CREEK WATER SYSTEM SERVICE AREA DCC BYLAW F1133 (BEAVER CREEK)

Request for Decision THAT the Board of Directors rescind third reading of Bylaw F1133. THAT the Board of Directors amend Bylaw F1133 as presented. THAT Bylaw F1133 be read a third time as amended.

10. REPORTS 10.1 STAFF REPORTS

(ALL VOTE)

a. Meeting Schedule – May 2018 THAT the Board of Directors receives this report.

10.2 COMMITTEE REPORTS 10.3 MEMBER REPORTS

(ALL VOTE)

a. 9-1-1 Corporation – J. McNabb b. Vancouver Island Regional Library - L. Banton c. Central West Coast Forest Society – T. Bennett d. Alberni Valley Chamber of Commerce – Jack McLeman e. Coastal Community Network – T. Bennett/D. St. Jacques f. Island Coastal Economic Trust – J. Jack g. Air Quality Council, Port Alberni – K. Wyton h. West Coast Aquatic Board – T. Bennett/K. Wyton i. Association of Vancouver Island & Coastal Communities – P. Cote j. Beaver Creek Water Advisory Committee – J. McNabb k. West Island Woodlands Advisory Group

Meeting of April 5, 2018

l. Other Reports

105-111 112

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THAT the Board of Directors receives the Member Reports.

11. UNFINISHED BUSINESS 12. LATE BUSINESS

13. QUESTION PERIOD 14. IN CAMERA

(ALL VOTE) Motion to close the meeting to the public as per the Community Charter section: i. 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;

ii. 90 (1) (b) Personal information about an identifiable individual who is being considered for a regional district award or honour, or who has offered to provide a gift to the regional district on condition of anonymity;

iii. 90 (1) (f) Law enforcement, if the regional district considers that disclosure could reasonably be expected to harm the conduct of an investigation under enforcement of an enactment.

15. RECOMMENDATIONS TO THE BOARD FROM IN-CAMERA 16. ADJOURN

(ALL VOTE)

Next Board of Directors Meeting: Wednesday, May 9, 2018, 1:30 pm Regional District Board Room

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MINUTES OF THE BOARD OF DIRECTORS MEETING HELD ON WEDNESDAY, APRIL 11, 2018

Regional District Board Room, 3008 Fifth Avenue, Port Alberni, BC

DIRECTORS Josie Osborne, Vice-Chair, Mayor, District of Tofino

PRESENT: Keith Wyton, Director, Electoral Area “A” (Bamfield)

Mike Kokura, Director, Electoral Area “B” (Beaufort) Tony Bennett, Director, Electoral Area “C” (Long Beach) Penny Cote, Director, Electoral Area “D” (Sproat Lake) John McNabb, Director, Electoral Area “E” (Beaver Creek) Lucas Banton, Director, Electoral Area “F” (Cherry Creek) Jack McLeman, Councillor, City of Port Alberni Mike Ruttan, Mayor, City of Port Alberni Dianne St. Jacques, Mayor, District of Ucluelet (via teleconference)

Alan McCarthy, Member of Legislature, Yuułuʔiłʔath Government Wilfred Cootes, Councillor, Uchucklesaht Tribe Government Kirsten Johnsen, Member of Council, Toquaht Nation

REGRETS: John Jack, Chairperson, Councillor, Huu-ay-aht First Nation

STAFF PRESENT: Douglas Holmes, Chief Administrative Officer

Mike Irg, Manager of Planning and Development Wendy Thomson, Manager of Administrative Services

1. CALL TO ORDER The Vice-Chairperson called the meeting to order at 1:30 pm. The Vice-Chairperson recognized the meeting this afternoon is being held in the Tseshaht First Nation and the Hupacasath First Nation Traditional Territories.

2. APPROVAL OF AGENDA

MOVED: Director McNabb SECONDED: Director Bennett THAT the agenda be approved as circulated.

CARRIED

3. DECLARATIONS

4. ADOPTION OF MINUTES

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ACRD Board Meeting Minutes April 11/18

Page 2

a. Board of Directors Meeting – March 28, 2018

MOVED: Director Cootes SECONDED: Director McNabb

THAT the minutes of the Board of Directors meeting held on March 28, 2018 be adopted.

CARRIED

5. PETITIONS, DELEGATIONS & PRESENTATIONS

a. Dr. Tania Insua, PhD, Ocean Networks Canada & Dr. Tuna Onur, PhD, University of Victoria presentation on latest research on the Tsunami Modelling being done for our Regional District.

Director Johnsen entered the meeting at 1:34 pm.

The delegation presented the tsunami modelling being conducted by Oceans Network Canada in the Alberni-Clayoquot Region. Ocean Networks Canada is funded by the Canada Foundation for Innovation, Government of Canada, University of Victoria, Government of BC, CANARIE, and IBM Canada. Director Ruttan entered the meeting at 1:51 pm.

6. CORRESPONDENCE FOR ACTION

a. Correspondence dated March 26, 2018 from the Alberni Valley Regatta Association requesting a noise exemption for the dates July 13, 14, and 15, 2018 from 9:00 am to 5:00 pm daily.

MOVED: Director Cote SECONDED: Director Banton

THAT the Alberni-Clayoquot Regional District Board of Directors issue the permit for a special event as per Section 7 of the “Sproat Lake Noise Control Bylaw No. R1025, 2013, for July 13, 14, and 15, 2018 from 9:00 am to 5:00 pm daily to the Alberni Valley Regatta Association.

CARRIED

b. Correspondence dated April 5, 2018 from British Columbia Broadband Association inviting a Alberni-Clayoquot Regional District representative to attend the 14th Annual Conference, May 1-2, 2018 in Richmond, BC

MOVED: Director McLeman SECONDED: Director Kokura

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Page 3

THAT the Alberni-Clayoquot Regional District Board of Directors appoint Director Banton to attend the British Columbia Broadband Association 14th Annual Conference May 1-2, 2018 in Richmond, BC.

CARRIED

7. CORRESPONDENCE FOR INFORMATION

a. ALBERNI VALLEY BULLDOGS HOCKEY CLUB Thank you b. LOCAL GOVERNMENT PROGRAM SERVICES Approved Funding for Alberni Valley and Bamfield Emergency Program

Enhancement c. ISLAND COASTAL ECONOMIC TRUST Project Aims to Boost ‘Grown on Vancouver Island’ Sales

MOVED: Director Bennett SECONDED: Director McCarthy

THAT the Board of Directors receive items a-c for information.

CARRIED

8. REQUEST FOR DECISIONS & BYLAWS

a. Request for Decision regarding Finance Warrant No. 587. MOVED: Director Kokura SECONDED: Director Bennett

THAT the Board of Directors approve Finance Warrant Number 587 in the amount of $898,150.29 dated March 31, 2018.

CARRIED

b. Request for Decision regarding Salmon Beach Request for Proposal Recommendations.

MOVED: Director Bennett SECONDED: Director Johnsen

THAT the Alberni-Clayoquot Regional District Board of Directors award the following Salmon Beach services contracts:

1. Equipment and Material Supply contract to Deer Bay Contracting for three {3} years commencing May 1, 2018 and ending April 30, 2021.

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Page 4

2. Solid Waste Hauling contract to Ucluelet Rent-it Centre for three {3} years commencing May 1, 2018 and ending April 30, 2021.

CARRIED

9. PLANNING MATTERS

a. DVD18004, CONLEY & BROLEY PROPERTIES INC, 9618 STIRLING ARM CRES (SPROAT LAKE) Development Variance Application – Report

MOVED: Director Bennett SECONDED: Director Kokura

THAT the Board of Directors consider issuing development variance permit DVD18004, subject to neighbouring properties being notified as per Local Government Act s.499.

CARRIED b. DVF18003, MURRAY, 6390 CHERRY CREEK RD (CHERRY CREEK)

Development Variance Application – Memorandum and Permit MOVED: Director Banton SECONDED: Director Wyton

THAT the Board of Directors issue development variance permit DVF18003

CARRIED

10. REPORTS 10.1 STAFF REPORTS

a. Monthly Activity Report – Planning and Development – April 5, 2018

MOVED: Director Kokura SECONDED: Director Bennett

THAT this report be received.

CARRIED 10.2 COMMITTEE REPORTS 10.3 OTHER REPORTS

a. Vancouver Island Regional Library From the Board Table – March 2018

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Page 5

MOVED: Director McNabb SECONDED: Director Kokura

THAT this report be received.

CARRIED

11. UNFINISHED BUSINESS

12. LATE BUSINESS

13. QUESTION PERIOD

Ms. Rossignol spoke to the Board of Directors concerning a property adjacent to hers that has a grow-op on it. She raised concerns with the noise, smell and dangerous dogs on the property.

14. RECESS

MOVED: Director McNabb SECONDED: Director Cootes THAT the Regular Board of Directors meeting be recessed in order to conduct the Regional Hospital District meeting.

CARRIED

15. RECONVENE

The meeting was recessed at 2:45 pm The meeting was reconvened at 2:59 pm

16. IN-CAMERA

MOVED: Director Bennett SECONDED: Director McLeman

THAT the meeting be closed to the public as per section: i. 90 (1) (c) of the Community Charter: Labour relations or other employee

relations; ii. 90 (1) (a) of the Community Charter: 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;

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Page 6

iii. 90 (1) (j) of the Community Charter: Information that is prohibited, or information that if it were presented in a document would be prohibited, from disclosure under section 21 of the ‘Freedom of Information and Protection of Privacy Act.’

CARRIED The meeting was closed to the public at 3:00 pm. The meeting was re-opened to the public at 3: 29 pm.

17. RECOMMENDATIONS TO THE BOARD FROM IN-CAMERA

The following resolution from the in-camera portion of the meeting was reported out in open meeting:

THAT the Alberni-Clayoquot Regional District Board of Directors enter into an agreement with 10165697 Canada Inc. authorizing a producer to develop a television documentary series in the Regional District territory and film activities of the Regional District’s volunteer fire departments and fire crews during the peak wildfire season (July & August 2018).

18. ADJOURN

MOVED: Director Cote SECONDED: Director Bennett THAT this meeting be adjourned at 3:29 pm

CARRIED Certified Correct: _________________________________ ________________________________ Josie Osborne, Wendy Thomson, Vice-Chairperson Manager of Administrative Services

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PORT ALBERNI RCMP DETACHMENT QUARTERLY REPORT

This report represents the policing activities undertaken by the Port Alberni RCMP Detachment during the first quarter of 2018 (January to March). Included in this report is a comparator to the same time frame during the previous four years.

The following represents some of the calls for services received, investigations undertaken and activities of the RCMP during the quarter.

• Officers received and responded to a total of 2,863 calls for service, 342 of these were in the Alberni-Clayoquot Regional District. Property Crime and Violent Crime are down compared to last year.

• The detachment is continuing to partner with other enforcement agencies; conducting join patrols/enforcement in the ACRD (IRSU, Central Island Traffic, Marine, and Forestry).

Port Alberni RCMP’s 2017/18 Annual Performance Plan Priorities:

• Traffic- Road Safety: Increased enforcement, both tickets and warnings. Reduction of Impaired drivers on the roads through criminal code charges and Immediate Roadside Prohibitions. Joint operations with Island District Traffic Units and Speedwatch.

• Family Violence: Focus on education, awareness and community support to foster a “wrap around” approach of harm reduction. Creating a supportive environment for victims of family violence to come forward.

• Crime Reduction (Property Crimes and Drugs): Identifying and managing prolific

offenders through enhanced enforcement and partnerships with community agencies. The focus will be on drug and property crime offenders.

• Aboriginal Policing: This includes traffic safety and enforcement on the First Nations, greater visibility at community events and meetings and a focus on First Nation Youth through prevention programs and involvement in schools and at youth events.

• Youth: Positive interactions with youth through school and sporting events. Increased, proactive engagement with the youth in our community.

Respectfully submitted, Inspector Brian Hunter Officer in Charge Port Alberni RCMP

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Alberni - Clayoquot Regional District Report

Port Alberni Rural Q1 2018 (January to March)

Calls for Service Q1 2014

Q1 2015

Q1 2016

Q1 2017

Q1 2018

Total Calls for Service 360 299 329 341 342

Occurrences by Crime Type Q1 2014

Q1 2015

Q1 2016

Q1 2017

Q1 2018

Violent Crime 10 6 10 13 10 Property Crime 34 19 30 30 27 Other Criminal Code 9 11 14 10 10 Drug Offences 2 4 2 5 2 Total Criminal Code 55 40 56 58 49 Criminal Traffic 7 7 4 10 4

Violent Crime Q1 2014

Q1 2015

Q1 2016

Q1 2017

Q1 2018

Assaults 4 2 5 6 5 Assault weapon/bod harm 3 1 1 1 0 Harassment 2 1 1 4 0 Robbery 0 0 0 0 0 Sex Offences 0 0 0 0 0 Uttering Threats 1 1 3 1 2 Domestic Violence 4 2 3 5 3

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Property Crime Q1 2014

Q1 2015

Q1 2016

Q1 2017

Q1 2018

Auto Theft 0 1 1 1 2 Bike Theft 0 0 1 0 0 Break and Enter - Business 1 2 2 3 0 Break and Enter - Residence 2 1 1 1 2 Break and Enter - Other 0 0 3 3 4 Mischief to Property 9 8 17 11 7 Theft 5 4 3 6 6 Possess Stolen Property 2 2 0 2 1 Shoplifting 8 1 0 0 0 Theft From Vehicle 2 0 0 3 3 Fraud 1 0 0 0 1

Other Criminal Code Q1 2014

Q1 2015

Q1 2016

Q1 2017

Q1 2018

Cause Disturbance 4 3 4 2 3 Breach of Probation 0 2 3 2 0 Breach of Bail 1 4 1 2 3

Provincial Statutes Q1 2014

Q1 2015

Q1 2016

Q1 2017

Q1 2018

Intoxicated in Public 3 5 2 0 4

Collisions (Incl. Pedestrian) Q1 2014

Q1 2015

Q1 2016

Q1 2017

Q1 2018

Collision - Fatal 0 0 0 0 0 Collision - Injury 9 3 2 8 6 Collision - Damage 17 12 10 14 11

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------------------------ NEWS RELEASE ------------------------ Minister LeBlanc called on to release $17 million in emergency relief to communities hit hard by Harper’s unfair salmon deal with U.S. FOR IMMEDIATE RELEASE: April 11, 2018 UCLUELET, BC -- The Department of Fisheries and Oceans announced that Chinook salmon catches for the West Coast of Vancouver Island have been cut to their lowest level in history as part of a deal that the Harper government brokered to allow U.S. fishermen to catch more salmon in exchange for $30 million in compensation. In 2018, Vancouver Island fishermen will only be permitted to catch 26,200 Chinook salmon, which is less than half of their historic catch. Communities, such as Tofino and Ucluelet, hard-hit by these drastic catch reductions are now calling on federal Fisheries Minister Dominique Leblanc to release $17 million to compensate communities damaged by Harper’s unfair deal. Ottawa initially used $13 million of the U.S. compensation to buy-out Canadian salmon trollers and has so far stalled the remaining $17 million in emergency relief to fishing communities. In stark contrast, Minister Leblanc, who is from New Brunswick, recently announced $280 million for an Atlantic Fisheries Fund to help fishing communities and seafood companies on the East Coast. “Our fishing communities are simply asking the Minister of Fisheries to provide us with the compensation paid by the U.S. government,” said Dianne St. Jacques, Mayor of Ucluelet. “We would use the money to set up our own community-based Pacific Fisheries Fund to help our local fishing industry survive this short-term reduction and build a prosperous future.” “Our communities and fishermen believe that conservation comes first,” said Josie Osborne, Mayor of Tofino. “However, if there is compensation for disproportionately reducing Canadian salmon catches then Ottawa has an obligation to help those fishermen and communities being unfairly hurt by the salmon catch reductions. It’s a simple question of fairness.” For ten years, the commercial Chinook salmon fishermen on the West Coast of Vancouver Island have lost half their catches as a result of a deal brokered by the Harper government under the Canada-U.S. Pacific Salmon Treaty. Instead of compensating the fishermen, Ottawa decided to buy-out their livelihoods, undermining the commercial fishing economy in rural villages such as Ucluelet and Tofino. Despite their limited resources, the local salmon fishermen took Ottawa to court for refusing to provide them with compensation paid by the U.S. government. The fishermen lost the court case. Although the Federal Court justice said the Fisheries Minister may have a moral and ethical imperative to compensate the fishermen, legally the Minister can spend the money as he sees fit. “I’m personally appealing to Minister Leblanc’s sense of fairness and social justice. I’m having my livelihood taken away without any compensation. Minister Leblanc can’t undo Harper’s bad deal, but he can provide us with emergency relief and hope for the future,” said Doug Kimoto, a third-generation salmon fishermen from Ucluelet.

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“Our communities have been petitioning Ottawa to do the right thing with this U.S. compensation fund since day one, but the bureaucrats have stalled and ignored us,” said Tony Bennett, rural director with the Alberni-Clayoquot Regional District. “The Trudeau Government talks about supporting the middle class, but they are allowing our hard-working fishermen to be driven into bankruptcy by an unfair deal. We have even proposed a community-based solution to them.” The fishermen put forward a proposal to have the compensation money taken out of a non-interest-bearing account in Ottawa and placed in trust to a community-based governance board that already exists in the region to manage fisheries. Joyce Murray, a senior B.C. Liberal MP, presented the proposal to the Minister’s staff in Ottawa last September and informed them that it was a responsible document that should be treated seriously. To date the Department of Fisheries and Oceans has chosen to ignore this advice. For more information, contact Ucluelet salmon fishermen: Doug Kimoto at mobile: 250-726-4236 Mike Smith at mobile: 250-726-7776 This email was sent to [email protected]. If you are no longer interested you can unsubscribe instantly: http://ericennotamm.cmail19.com/t/r-u-jytlhuky-jhdikdpr-r/

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OFFICE OF THE CHAIR 500 – 1321 Blanshard Street Victoria, BC V8W 0B7

Tel (250) 978-1502 Fax (250) 380-3958

www.bcferryauthority.com

April 6, 2018 Mr. John Jack, Chair Mr. Bruce Jolliffe, Chair Mr. Bill Veenhof, Chair Alberni-Clayoquot Regional Comox Valley Regional Regional District of Nanaimo District District 6300 Hammond Bay Road 3008 – 5th Avenue 600 Comox Road Nanaimo, BC V9T 6N2 Port Alberni, BC V9Y 2E3 Courtenay, BC V9N 3P6 Mr. Patrick Brabazon, Chair Mr. John MacDonald, Chair Powell River Regional District Strathcona Regional District 202, 4675 Marine Avenue 301, 990 Cedar Street Powell River, BC V8A 2L2 Campbell River, BC V9W 7Z8

APPOINTMENTS TO THE B.C. FERRY AUTHORITY BOARD OF DIRECTORS

I am writing further to my correspondence of July 24, 2017 seeking nominations to the Board of Directors of B.C. Ferry Authority. It is my pleasure to announce that the following nominees have been appointed Directors of B.C. Ferry Authority effective April 1, 2018:

• Shelley Chrest Central Vancouver Island & Northern Georgia Strait Appointment Area Term ending March 31, 2021

• Michael Pucci Northern Coastal & North Island Appointment Area Term ending March 31, 2021

The B.C. Ferry Authority was privileged to receive nominations of a high standard and we extend to you, your Board, administrators, and staff, our thanks for working with us to make our appointment process effective. Sincerely,

Yuri L. Fulmer Chair, Board of Directors B.C. Ferry Authority cc: Ms. Cynthia Lukaitis, Vice President & Corporate Secretary

Ms. Wendy Thomson, Acting Chief Administrative Officer, Alberni-Clayoquot Regional District Mr. Russell Dyson, Chief Administrative Officer, Comox Valley Regional District Ms. Phyllis Carlyle, Chief Administrative Officer, Regional District of Nanaimo Mr. Al Radke, Chief Administrative Officer, Powell River Regional District Mr. Dave Leitch, Chief Administrative Officer, Strathcona Regional District

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rCSRD'COLUMBIA SHUSWAP REGIONAL DISTRICT

COLUMBIA SHUSWAP REGIONAL DISTRICT

PO Box 978, 555 Harbourfront Drive NE, Salmon Arm, BC VIE 4P1

T: 250.832.8194 | F: 250.832.3375 | TF: 1.888.248.2773 | www.csrd.bc.ca

File: 0410-20-06

AGR.Minister(a)CjOV.bc.ca

April 13,2018

The Honourable Lana PophamMinister of AgriculturePO Box 9056 Stn Prov GovtVictoria, BC V8W 9E2

Dear Minister Popham:

At the Regular meeting of the Columbia Shuswap Regional District (CSRD) Board held on March29, 2018, the Board received correspondence from G & K Persson Farms, Golden, BC. A copy ofthe correspondence, including the letter that was sent directly to your office by G & K Persson Farms,is attached for your reference. As you know, currently rural farmers that live within 2 hours of anabattoir must take their livestock to a facility to be slaughtered. The enclosed letters express thatthe costs associated with this is unattainable, the facilities do not have the required capacity, canonly slaughter 4 pigs a day, and the stress put on the animals is impacting the quality of the meat.These letters also outline the issues associated with these actions:

1. Animals suffered undo stress as indicated in the articles cited in the letters - stress can leadto a reduction in quality of meat;

2. Abattoirs do not have the capacity, (human resources), to meet the demand. Some farmersonly option; is to look after their own and of course this is illegal. Farmers don't want to dothis;

3. The pricing structure is 150% higher than on small farms.

The Electoral Area Director for Area A (Rural Golden), Karen Cathcart, asked for Board support toaddress the need for changes to the regulations for Class E Licences. Of note, the Directormentioned that she has spoken to many farmers regarding this issue which is not isolated to the areaof the Columbia Shuswap Regional District, this is a provincial issue.

Upon discussing this matter, the Board adopted a resolution to ask that the Ministry of Agriculturemake a change to the licensing requirements for Class E licences to support rural farmers so thatthey can slaughter their livestock on their farm premises. If the Ministry changed the regulations toallow small rural farmers to have a Class E License for slaughtering their animals, this would makea huge difference for local farmers to operate their farms as they had done for years before. Thischange would also promote gate sales, enhance food security, and promote consumers to buy local.

,...2

ELECTORAL AREASA GOLDEN-COLUMBIAB REVELSTOKE-COLUMBIA

C SOUTH SHUSWAPD FALKLAND-SALMON VALLEY

E SICAMOUS-MALAKWAF NORTH SHUSWAP-SEYMOUR ARM

MUNICIPALITIESGOLDENREVELSTOKE

SALMON ARMSICAMOUS

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Letter to Minister of AgricultureApril13,2018Page Two

We hope that the Ministry of Agriculture is open to considering changes to the Class E licensingrequirements, for the benefit of producers and consumers, and in the promotion of a prosperousagricultural industry.

For your reference and information, we have also included a letter of support from the newly formedGolden Agricultural Society in regards to the request of the Columbia Shuswap Regional District.

Yours truly,COLUMBIA SHUSWAP REGIONAL DISTRICTPer:

Rhona MartinChair

ec Director K. Cathcart, Electoral Area AG & K Persson Farms, Golden, BCGolden Agricultural SocietyBC Regional Districts

Enclosures

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Gary & Karen Persson

G & K Persson Farms

Box 1990Golden BCVOA1HO250-348-2094

native(%uniserve.com

Feb 16,2018

Honourable Lana Popham

Minister of Agriculture

Parliament Buildings

Victoria, BC V8V 1X4

Dear Minister Popham,

Gary and I live on a small acreage just south of Golden BC. We raise 10 or so pigseach year to sell to our local friends and families via Farm Gate Sales. The current

Class "E" Regulations are limiting our ability to raise our pigs on our property and

slaughter them on our property.

In discussion with David Charchuk, a meat industry specialist based out of

Kamloops BC, he advised us to contact you in order to discuss and explore the

possibilities of making some minor changes to the regulatory requirements

regarding the Class "E" meat processing facilities in the Province. David was

instrumental in the design and licensing approval process for our Class "E"

Slaughter and Licensed Cut & Wrap facility, at that time he headed up the meat

inspection team for the Interior Health Authority.

The Class "E" License gives a farmer the ability to slaughter their animals on their

property, take their product to a cut and wrap facility of their choice and then sell

the product via farm gate sales.

The steps in attaining a Class "E" License are as follows:

1 ) farmers have to find out if they are in designated or nondesignated areas withinBC

21

?"-—designated areas within BC mean that a farmer can apply for a Class "E"

License and will be approved.

——nondesignated areas within BC mean that a farmer must complete a Feasibility

Study first to see if they even qualify for a Class "E" License.

This is where the issue lays.

2nd) If a farmer falls within the nondesignated area, they then have to do the

Feasibility Study. The opening sentence within this study says,

"This Class E Feasibility Study has been designed to help you to assess the slaughter services

that are available at provincially licensed Class A, B and C facilities inyour area, and to determine whether they meet your needs. If the slaughter services that you need

are already available through an existing provincially licensed

facility in your area (i.e., within a 2 hour travel time from your farm/property), you are unlikely

to be issued a Class E licence. If a facility is not available, you will be

Considered for a Class E licence".

This opening paragraph is enough to scare most people from even reading on.

M.osi of the profit in raising a few animals is the way of life; knowing that we are

eating animals that are healthy, breathing fresh air, eating good food (no antibiotics

or hormones), and not STRESSED before slaughter.

3rd) If a farmer falls within the 2 hour restriction (from an abattoir), then, NOCLASS "E" LICENSE.If the farmer is outside the 2 hour restriction, then the can apply for the Class "E"

License and will be considered for approval.

We the people of British Columbia are asking to change the wording in this

document and exclude the 2 hour distance within an abattoir. We agree that a Class

"E" License is necessary, but should not have the time restriction.

These are our supportins reasons:

1) The stress of loading, hauling, unloading, and not to mention being in a strangeenvironment until slaughtered. What affect does this have on our meat? The

22

adrenalin in our meat prior to slaughter would be huge. Not to mention the cost of

transportation, once to deliver the carcass to the facility and once to go pick it up.

2) Many of the abattoirs within the province are overloaded and cannot

accommodate the number of animals that need to be slaughtered in their areas. If

Class "E" Licenses were given to local farmers, allowing a farmer to slaughter his

own animals, this would take some of the pressure off of the larger scale, licensed

abattoirs.

3) The expense that incurs by having pork inspected, (by a govn't inspector, at a

licensed abattoir for farm gate sales is a complete waste of govn't (tax payers)

money as farm gate sales is much different then govn't inspected meats at an

abattoir.

4) Carbon Footprint: localized foods, better quality, more nutritious, higher animal

survival rates. By allowing farmers to have farm gate sales we are preserving a

way of life, keeping small agricultural lands productive; therefore, protected and

having a healthier, vigorous enthusiastic rural community that will grow more

produce and build economic development in the Agricultural Sector.

5) Because of todays impersonal high-volume meat producers and exports we need

inspected product; but our society also deserves the right to raise and buy meat not

subjected to the industrial short falls of nutrition and quality.

6) The small farmer would have to build a facility for easy loading and hauling,

with stress of the animal the main concern. The effort of his animal husbandry to

raise a highly nutritious, tasty product will not only be degraded, but may be lost

altogether. In our case, G & K Persson Farms; we raise 10 pigs per year, we can

only cut 2 pigs per day in our licensed cut and wrap facility. It would take us 8

trips to Invennere to deliver and then to pick up our carcasses.

The differences between farm sate and inspected meats.

Farm gate sales: a farmer raises his animal on his own property, slaughters the

animal (stress free) and takes it to a legal cut and wrap, he then brings the product

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home to sell from his farm. Usually this is to family and friends, and within their

own regional district.

Inspected meats: these animals are raised on a farmer's property, then shipped to a

Licensed Abattoir. The animals are then slaughtered (a govn't paid inspector

inspects all animals) and are ready for cut and wrap. These meat products are now

ready to sell retail (health food stores, grocery, restaurants).

There is a need for both types of facilities and Licensing programs within our

province.

In closing, please find attached links for supporting documents.

https://www.atlasobscura.com/articles/why-scared-animals-taste-worse

http://www.fao.ore/docrep/003/x6909e/x6909e04.htm

http://www.sapork.biz/stress-can-affect-meat-quality/

http://animalstudiesrepositor/.org/cgi/viewcontent.cgi?article=1019&context=acw

p faafp (pages 324,5,6 are of most concern)

https://www2.gov.bc.ca/assets/sov/farmine-natural-resources-and-

industry/agriculture-and-seafood/food-safety/meat-

inspection/classefeasibilitystudy.pdf

https://www2.gov.bc.ca/eov/content/industrv/agriculture-seafood/food-

safety/meat-inspection-licensing/designated-areas

http://vancouversun.com/news/local-news/federal-documents-reveal-repeated-cases-of-pigs-dvi ng-en-

route-to-langlev-slaughterhouse

http://vancouversun.com/news/local-news/b-c-slaughterhouse-documents-reveal-inhumane-

treatment-risk-of-contamination

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We have added a brief summary of the attached supporting documents for a quick

reference for yourself.

* stress through transportation, rough handling, fear, fighting and/or botched

stunning reduces the amount of Glycogen in the animal which turns into Lactic

Acid after the animal has blead out. Low levels ofLactic Acid in pigs "Pale Soft

Exudative" (PSE) meat is usually unsellable, and the pork industry loses $275

million/year on meat that has to be discarded. In cattle and sheep "Dark Firm Dry"

(DFD) meat is tough, dry, acidic and dark, and like PSE meat, it has a shorter shelf

life. Enough of the PSE meat is disguised as ground, thus reducing the losses

enough that it is still not a financial benefit for the use of more humane slaughter

arrangements.

Thank you very much for reviewing our letter and documentation. We are looking

forward to a timely response regarding the Class "E" Licensing.

Gary and Karen Persson

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SOCIETY

Letter of Support

January 30 2018

To: Whom it may concern.

Regarding: Letter of support request.

From: Golden Agricultural Society.

The Golden Agricultural Society is a new society that operates in the Golden area and withinColumbia Shuswap Regional District Area A. We are a group of farmers that are workingtogether to try and increase local food production in our region, as well as economicopportunities for local agriculturalists by, engaging in activities that are helping promoteagriculture.

Please be advised that; the Golden Agricultural Society supports our local Columbia ShuswapRegional District area A agricultural community, In their effort to make the class E licensing moreeasily accessible to our local producers.

The Golden Agricultural Society believes, that local producers big or small should be able toobtain a class E license regardless of their property's relative distance to a class A abattoir.The Golden Agricultural Society would support these above mentioned efforts in regards toclass E licensing if; our local producers are willing to invest and operate their facility within alllegislative obligations to class E licensing.

The Golden Agricultural Society believes in, preserving our producers right in order to producetheir own products on their own farms, regardless of their properties relative distance to a classA abattoir. This may be a more feasible option for certain producers management skills andstyles that may not work in conjunction with their local class A abattoir.

The Golden Agricultural Society is in strong support of class A abattoirs as there is a need forthese facilities. The Golden Agricultural Society respects the financial commitment made by theoperators but also; believes that a producer should have a fair chance at the option of being asuccessful applicant for class E licensing if they so wish to do so, in order to have a betterchance at their economic well being for them and their families.

Jesse CourteauPresidentGolden Agricultural Society.

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FOR IMMEDIATE RELEASE

April 17, 2018

WORKING WATERFRONT TRAIL, LOOKOUTS WILL BRING VISITORS TO SAYWARD

COURTENAY – Tourism is evolving, from a passive pursuit where people simply look at attractions, to an active, experiential event where visitors can be immersed in the history and culture of a place.

The Village of Sayward is embarking on a plan to create an experiential tourism asset, giving visitors an insight to the fishing and forestry industries that are the heart of the community’s working waterfront. This project will form part of a growing network of visitor amenities focused on the region’s rich resource sector history.

The project is being funded with $183,000 from the Island Coastal Economic Trust as well as contributions from the BC Rural Dividend Fund and the Village of Sayward.

“This is excellent news for the Village of Sayward,” said Claire Trevena, MLA North Island and Minister of Transportation and Infrastructure. “The new amenities should attract more visitors and businesses into the area.”

The multi-phase Working Waterfront project will create new assets including a trail, gateway, and lookout, and feature historical and cultural information highlighting the community’s history in fishing and forestry.

“The waterfront trail and lookouts will leverage Sayward’s history as a former ‘company town’, and the ongoing activities in forestry and fishing, to attract and educate visitors,” said ICET Chair Phil Kent.

The first phase of the project will see construction of a 1.6km gravel trail; creation of ‘The Gateway’ area that features a defined entry point, way finding signage, and extensive historical and cultural information, as well as parking and landscaping.

One of the highlights of the first phase of the project will be the construction of the ‘Boom Boat Ballet Lookout’. Positioned overlooking the Western Forest Products booming grounds, the lookout will invite visitors to read about the history of forestry in the Sayward Valley and provide them with a front-row view the current operations in front of them – including the intricate dance of the boom boats, known as the ‘Boom Boat Ballet’.

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Located at a natural stopping point for visitors travelling to the North Island and back, the project will attract new visitors and encourage visitors stopping in to stay longer.

“The project is already spurring interest in the expansion of existing hospitality businesses and attracting new service providers, eco-tourism operators and residential development,” said Village of Sayward Mayor John McDonald. “This project will also complement and support new initiatives such as a plan for a First Nations and Fishing interpretive centre, which we are working to develop with the K’omox First Nation as well as community based resource sector partners.”

The project, with a total budget of $367,250, will begin construction this spring, with completion forecast for October 2018.

About the Island Coastal Economic Trust

Created and capitalized by the Province of BC, the Island Coastal Economic Trust has been at the forefront of economic diversification, planning and regional revitalization for the past eleven years.

ICET is independently governed by a Board of Directors and two Regional Advisory Committees which include more than 50 locally elected officials, MLAs and appointees from the Island and Coast. This exceptional team of leaders collaborate to set regional priorities and build vital multi-regional networks.

Through a community centered decision-making process, ICET has approved almost $50 million in funding for over 180 economic infrastructure and economic development readiness projects. These investments have leveraged over $270 million in new investment into the region creating more than 2500 construction phase jobs and 2600 long term permanent jobs.

A full overview of ICET can be found at www.islandcoastaltrust.ca.

-end-

For further information:

Line Robert, CEO Island Coastal Economic Trust Tel. 250-871-7797 (Ext. 227) [email protected]

Mayor Phil Kent, ICET Chair City of Duncan Tel. 250-709-0186 [email protected]

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Members: City of Port Alberni, District of Ucluelet, District of Tofino, Yuułuʔiłʔatḥ Government, Huu‐ay‐aht First Nations, Uchucklesaht Tribe and Toquaht Nation Electoral Areas "A" (Bamfield), "B" (Beaufort), "C" (Long Beach), "D" (Sproat Lake), "E" (Beaver Creek) and "F" (Cherry Creek)

REQUEST FOR DECISION To: Board of Directors From: Janice Hill, Executive Assistant Meeting Date: April 25, 2018 Subject: Alberni Valley Flying Club lease – Alberni Valley Regional Airport Recommendation:

THAT the Alberni‐Clayoquot Regional District Board of Directors consent to an assignment of an interest in the Alberni Valley Flying Club Hangar lease at the Alberni Valley Regional Airport, from Harry Sperber to Kenneth John Schuurman, and authorize the CAO and Chair to sign on behalf of the ACRD.

Summary:

Notary Public, Dorothy Clarkstone, has received a request to transfer an interest in the Alberni Valley Flying Club lease from one individual to a second individual. The terms of the lease are that the Board of Directors must consent to any such assignment before it can be finalized. This has been done numerous times in the past as the lease is held by a group of individuals. Time Requirements – Staff & Elected Officials:

Minimal.

Financial:

N/A

Policy or Legislation:

As per the terms of the lease agreement.

Submitted by: _______________________________________________________ Janice Hill, Executive Assistant Approved by: _______________________________________________________ Douglas Holmes, BBA, CPA, CA, Chief Administrative Officer

3008 Fifth Avenue, Port Alberni, B.C. CANADA V9Y 2E3 Telephone (250) 720‐2700 FAX: (250) 723‐1327

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REQUEST FOR DECISION To: Board of Directors From: Janice Hill, Executive Assistant Meeting Date: April 25, 2018 Subject: Hangar lease lot renewals – Alberni Valley Regional Airport Recommendation:

THAT the Alberni‐Clayoquot Regional Board of Directors agree to renew the following hangar lease lots at the AVRA:

Lease Lot A ‐ Bowerman Excavating Ltd. commencing May 1, 2018 and ending April 30, 2021 for the annual rate of $3095.54 plus GST and CPI increases.

Lease Lot 7 ‐ Allen Paul commencing May 1, 2018 and ending April 30, 2021 for the annual rate of $1599.75 plus GST and CPI increases.

Background:

Lease lot 7 has been leased to Allen Paul since 2012 where he has constructed an aircraft storage hangar. Lease Lot A has been leased to Bowerman Excavating since 2015 where he is currently starting to construct an aircraft storage hangar. Both leaseholders submit their annual rent on time and would prefer longer‐term leases but are willing to renew on 3 years terms as required by the ACRD. The last lease lot market appraisal at the AVRA was completed on November 30, 2015. Staff suggest performing appraisals after the AVRA upgrade components are complete and the business and operating model is established.

Time Requirements – Staff & Elected Officials:

Minimal staff time to prepare lease agreements for renewal.

Financial:

The ACRD will receive an annual lease fee from each of the leaseholders as stated above.



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REQUEST FOR DECISION To: Board of Directors From: Janice Hill, Executive Assistant Meeting Date: April 25, 2018 Subject: Porsche Club Event – Use of Long Beach Airport Recommendation:

THAT the Alberni‐Clayoquot Regional District Board of Directors issue a licence of use to the Vancouver Island Region of the Porsche Club of America to use the north half of Runway 16‐34, Apron #2 and Taxiways A, B and C at the Long Beach Airport on Friday May 25th and Saturday, May 26th, 2018 to conduct Driver Training Sessions and an Autocross Event.

Summary:

The Alberni‐Clayoquot Regional District have received a request from the Vancouver Island Region of the Porsche Club of America are requesting permission to use a portion of the Long Beach Airport for their annual event being held this year on May 25th and 26th. The Porsche Club have been using the airport annually since 2011. The club has purchased comprehensive general liability insurance of $1,000,000.00 for the event and has provided a copy of the certificate to the Regional District. Background:

This will be Vancouver Island Region’s eighth year to hold their event at the Black Rock Oceanfront Resort in Ucluelet. Their goal is to raise funds for two charities, Ucluelet Volunteer Fire Brigade (UVFB) and Cops for Cancer “Tour de Rock”. This event is limited to attendance of 145 members and consists of a number of activities throughout the Ucluelet and Tofino area. . Every year the members come from throughout BC, Alberta, Saskatchewan, Ontario, Washington, Oregon, and California. There are two activities held at the Long Beach Airport. The Autocross event is on Friday, May 25th and the High Performance Driver Education is held on Saturday, May 26th. These two events are conducted by 8 to 10 professional instructors, for all drivers, in coordination with the UVFB and EMS services. Other events that are held one Friday, Saturday and Sunday are Beach BBQ & Fireworks, Pancake Breakfast, Show & Shine, Guided Wild Pacific Trail Discovery Walk, Ukee Walking Poker Rally, Saturday Auction & Banquet, Sunday Parade around Ucluelet and Sunday UVFB Auction & Brunch. Members are encouraged and given information on other local attractions that are available, such as kayaking, whale watching, hiking, surfing etc. Members take the time to travel and explore the local area between Ucluelet, Long Beach and Tofino. On Saturday afternoon the Ukee Poker Rally is to encourage members to explore and walk around the town of Ucluelet to visit local shops, stores and artists while viewing (hopefully purchasing) the local merchandise, collecting poker cards that are turned in at the Saturday Banquet. Tourism Ucluelet is invited to partake in the Thursday evening Welcome Reception. A big part of the weekend is working with the members of UVFB. The Porsche Club supplies the food and the UVFB


35


volunteer their time to cook on the Friday night Beach BBQ and Saturday Pancake Breakfast, and they provide safety for the Beach Fireworks on Friday night. These two events are also open to the local community to join in; there are postings that go up around town to notify. Charity funds are raised by auction items, donations and money put into the UVFB boot for lunches, Beach BBQ and Pancake Breakfast. Money raised for the charities has varied over the past 8 years but is generally close to the same amount. Last year they donated $13,900 to “Tour de Rock” and raised a total of $5,922 to UVFB. Time Requirements – Staff & Elected Officials:

Airport Superintendent, Mark Fortune will be working with the club and will be volunteering his time and be on‐site both days to maintain the safety and continuity of Airport operations. He will also take care of all required safety notifications, including any NOTAMs.

Financial:

Due consideration is deemed to be provided for the use of the airport, therefore no charge is applied.


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1 | P a g e L i c e n c e o f U s e / P o r s c h e C l u b o f A m e r i c a

LICENCE OF USE

THIS AGREEMENT made the ______ day of _______________, 2018 BETWEEN:

REGIONAL DISTRICT OF ALBERNI‐CLAYOQUOT 3008 Fifth Avenue

Port Alberni, BC V9Y 2E3

(Hereinafter called the “Regional District”)

OF THE FIRST PART

AND:

Vancouver Island Region Porsche Club of America

5169 Dunn Place Nanaimo, BC

V9T 6S9 (Hereinafter called the “Licensee”

OF THE SECOND PART

WHEREAS: A. The Regional District is the registered owner of a certain airport facility located within the

Regional District of Alberni‐Clayoquot and legally described as:

District Lots 165 and 168, Clayoquot Land District, also known as part of the Tofino Airport Lands, (the “Airport”)

B. The Licensee wishes to be granted this Licence to use a portion of the Airport for the

purposes of a two day Autocross Event and Driver Training Session (the “Event”) and the Regional District has agreed;

NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the fee paid by the Licensee to the Regional District and in consideration of the Premises and covenants and agreements contained in the Agreement, the Regional District and the Licensee covenant and agree with each other as follows:

37


1.0 DEFINITIONS 1.1 In this Agreement,

(a) “Premises” means the following portions of the Airport,

(i) the North half of Runway 16‐34, Apron #2 and Taxiways A, B and C

(b) “Event Weekend” means:

(i) Friday, May 25th and Saturday, May 26th, 2018;

(c) “Participants” means those persons registered with the Licensee.

2.0 RIGHT TO OCCUPY 2.1 The Regional District, subject to the performance and observance by the Licensee of the

terms, conditions, covenants and agreements contained in this agreement and to earlier termination as provided in this Agreement, grants to the Licensee, a license for the Licensee, its agents, employees, invitees and other persons to use the Premises for the sole purpose of holding the Event on the Event Weekend.

3.0 RESERVATION OF RIGHTS 3.1 The Regional District reserves to itself from the grant and the covenants made by it to

the Licensee under section 2.1 above, the right for the Regional District, its agents, employees and contractors to have full and complete access and use of the Premises and the Airport.

4.0 LICENCE FEE 4.1 Due consideration is deemed to be provided for the use of the area, therefore no charge

is applied.

5.0 CHARGES AND REPAIRS 5.1 Facilities are “as is”. It is understood and agreed that use of this property during the

above‐mentioned period will be free of charge and subject to claim reimbursement from the VI Region Porsche Club of America for damage, which might result from such use of the property.

38


6.0 COVENANTS 6.1 The Regional District will not be liable to the VI Region Porsche Club of America for any

injury, death or property damage to the VI Region, Porsche Club of America, its employees, agents, participants or invitees arising out of or in any way relating to this letter of authorization except where such injury, death or property damage is caused by the willful misconduct, negligent act or omission of the Regional District, its employees or agents.

6.2 The Regional District will not be liable to the VI Region Porsche Club of America for any

direct, indirect, incidental, special or consequential damages or any loss of use, revenue or profit of the VI Region Porsche Club of America arising out of or in any way related to this letter of authorization except where such damages or loss are caused by the willful misconduct, negligent act or omission of the Regional District, its employees or agents.

6.3 Subject to the Crown Proceedings and Liability Act, the VI Region Porsche Club of

America will be responsible for any losses, claims, damages, actions, causes of action, costs and expenses that the Regional District may sustain, incur, suffer or be put to at any time either before or after the expiration or termination of this letter of authorization, where the same or any of them are based upon, arise out of, or occur, directly or indirectly, by reason of the use or occupancy of the Facilities or any act or omission of the VI Region Porsche Club of America or of any agent, employee, or anyone permitted on the premises by the VI Region Porsche Club of America pursuant to this letter of authorization, excepting always liability arising out of the willful or negligent acts or omissions of the Regional District, its employees or agents.

6.4 The VI Region Porsche Club of America will comply with all laws, regulations, bylaws and

other requirements imposed by Federal, Provincial and Municipal authorities.

7.0 INSURANCE 7.1 The VI Region, Porsche Club of America will take out and maintain during the term of

this agreement, a policy of comprehensive general liability insurance not less than $1,000,000.00 for this event and provide a copy of the certificate of liability insurance to the Regional District.

8.0 MISCELLANEOUS 8.1 If the VI Region Porsche Club of America fails to comply with any of the terms of this

letter of authorization, the Regional District may pursue any and all remedies, which it may have against the VI Region Porsche Club of America including, but not limited to, terminating this letter of authorization

39


8.2 All communications, including any notice or cancellation under this letter of authorization which may be, or is required to be, given by either party to the other will be in writing and conclusively deemed validly given or delivered to and received by the addressee if delivered personally, on the date of delivery; if transmitted by facsimile on the date of transmission or, if sent by pre‐paid registered mail, on the fifth business day after mailing the same in British Columbia to the parties at their following addresses:

a) if to the Regional District:

Alberni‐Clayoquot Regional District 3008 5th Ave Port Alberni, British Columbia V9Y 2E3 Attention: Douglas Holmes, Chief Administrative Officer Phone Number: (250) 720‐2705

b) and if to the VI Region, Porsche Club of America:

Vancouver Island Region Porsche Club of America 5169 Dunn Pl. Nanaimo, BC V9T 6S9 Attention: Dan Bourlet Phone Number: (250) 585‐1649

7.3 This licence of use may not be modified or amended except by written instrument executed by both parties.

40

See below

3/21/2018

12837926

PORSCHECLU

PCA Vancouver Island Region

James Renfrew

PO Box 240006 Royal Oak AvenueVictoria, BC V8Z 7E7 Canada

PO Box 6400

Columbia, MD 21045

Porsche Club of America, Inc.

New York Marine and General Ins. Co

ACE American Insurance Company

16608

22667

24 Greenway Plaza, Suite 1100

Houston, TX 77046-2401

Commercial Lines - 888-705-2379 (CA DOI # 0G13561)

Safehold Special Risk, Inc.

Commercial Lines

281-667-0705

1,000,000

5,000,000

X 1,000,00002/01/2018 02/01/2019500,000

A

EXCLUDED

XPK201800009671

5,000,000

Participant Legal Liability 1,000,000X PER EVENT

9,000,000

02/01/2018 02/01/2019A 9,000,000X EX201800000718X

B Participant Accident 02/01/201802/01/2018 02/01/2019N06568695 PCA AD&D $25,000Excess Medical $1,000,000Wkly Indemnity $100

Certificate Holder and the entities listed below are included as additional insureds, but only to the extent that liability arises out of the operations orpremises of the named insured for the following event(s):May 25-26, 2018, Autocross, Drivers Education

Long Beach Airport BC north half runway 16-34, apron #2 taxiways A B and C, Big Beach Ucluelet BC, 1850 Pacific Rim Hwy, Tofino, BC V0R 2Z0 Canada

41


CID: PORSCHECLU SID: 12837926

42


REQUEST FOR DECISION To: Board of Directors From: Janice Hill, Executive Assistant Meeting Date: April 25, 2018 Subject: Sproat Lake Volunteer Fire Department – Pumper Fire Apparatus RFP Recommendation:

THAT the Alberni‐Clayoquot Regional District Board of Directors award the contract to supply a Pumper Fire Apparatus to the Sproat Lake Volunteer Fire Department to Associated Fire Safety Group in the amount of $590,998.94 plus GST.

Summary:

Staff advertised a request for proposals for the construction of a new Pumper Fire Apparatus for the Sproat Lake Volunteer Department (SLVFD). Six proposals were received:

Company Price (plus gst)

Associated Fire Safety $590,998.94

Hubb Fire Engines $591,579.00

Commercial Emergency Equipment $597,999.00

Fort Garry Fire Trucks $613,765.00

Rocky Mountain Phoenix $663.788.00

Safeteck $697,600.00

The SLVFD Apparatus Committee reviewed all proposals and recommend the contract be awarded to Associated Fire Safety. Their proposal was the lowest of the six received and met all the requirements for the new apparatus.

Background:

Fire Underwriters of Canada mandates that fire departments have apparatus that are less than twenty years old, regardless of mileage and use. This new engine will replace Engine 47 in SLVFD’s fleet, which will maintain the fire department’s compliance to the insurance industry.

Time Requirements – Staff & Elected Officials:

Minimal staff time to work with the SLVFD on awarding the contract.

Financial:

The 2018 Sproat Lake Volunteer Fire Department budget includes $500,000 for this purchase. The department is aware that this commitment will require $91,000 to be included in the plan for 2019. The department’s reserve fund is quite depleted but it is a number of years before another truck needs to be purchased. Staff will be working with the department through the asset management program to determine a more complete long‐range capital budget moving forward. Full payment for the apparatus is not required until completion and delivery of the final product, which will be in 2019.


43


Policy or Legislation:

As per ACRD purchasing policy.


44

ALBERNI-CLAYOQUOT REGIONAL DISTRICT 3008 Fifth Avenue, Port Alberni BC, CANADA V9Y 2E3 Telephone (250) 720-2700 Fax (250) 723-1327

RA18004 Members: City of Port Alberni, District of Ucluelet, District of Tofino, Yuułuʔiłʔatḥ Government, Huu-ay-aht First Nations, Uchucklesaht Tribe, Toquaht Nation

Electoral Areas "A" (Bamfield), "B" (Beaufort), "C" (Long Beach), "D" (Sproat Lake), "E" (Beaver Creek) and "F" (Cherry Creek)

Rezoning Application MEETING DATE: April 25, 2018 ACRD FILE NO.: RA18004 APPLICANTS: Wayne, Carol, and Christopher Fenton LEGAL DESCRIPTION: LOT A, SECTION 19, TOWNSHIP 1, BARCLAY DISTRICT, PLAN 50544 LOCATION: 255 Brady’s Beach Trail, Bamfield ELECTORAL AREA: “A” Bamfield Recommendations:

• THAT Bylaw P1374, Regional District of Alberni-Clayoquot Zoning Atlas Amendment Bylaw be read a first time.

• THAT the public hearing for Bylaw P1374 be delegated to the Director for Electoral Area ‘A’, the Alternate Director or the Chairperson of the Regional District.

• THAT the Board of Directors confirm that adoption of Bylaw P1374 is subject to:

a. Confirmation from a Registered On-Site Wastewater Practitioner that an on-site

sewage disposal system can be designed and installed to meet the sewerage regulations of the proposed development.

b. Review by Environmental Services staff to ensure that the Bamfield Water System

can accommodate the additional density on the property.

c. Meeting technical referral agency requirements.

Applicant’s Intention: The property owner has applied to rezone the property from Rural (A2) District to Acreage Residential (RA3) District to facilitate a two lot subdivision consisting of a 0.6 acre new lot and 1 acre remainder lot.

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of 4



Observations: i) Status of Property: The 1.61 acre property is located on the west side of the

Bamfield Inlet and faces west towards Trevor Channel. There is a steep incline running from east to west through most of the property, from Brady’s Beach Trail down to the water. A single family dwelling is currently on the property in the southwest section of the lot. There are single family residences to the east and south of the lot, an undeveloped acreage to the north, and Pacific Ocean to the west.

ii) Services

a. Sewage Disposal: On-site sewage disposal. b. Water Supply: Bamfield Community Water System. c. Fire Protection: Bamfield Volunteer Fire Department d. Access: Access for the property is off Brady’s Beach Trail.

iii) Existing Planning Policies Affecting the Site

a. Agricultural Land Reserve: Not within the Agricultural Land Reserve.

b. Official Community Plan: The Bamfield Official Community Plan designates the property as “Residential Use”. Policies associated with this designation support a range of residential densities based on good planning principles and infrastructure capabilities.

The OCP designates two Development Permit Areas (DPA) that impact development on this property: “Development Permit Area I – Riparian Areas Protection” and “Development Permit Area II – Natural Hazard Areas Protection”. Any future development on the property within these areas would require a development permit, but a development permit is not a condition of this rezoning and will be addressed at the subdivision stage of development. The proposal complies with the policies and objectives of the Bamfield Community Plan.

c. Zoning:

Zoning Bulk and Site Regulations

A2 District (existing) RA3 District (proposed) Minimum Lot Area: 5 acres 25834.23 sq. ft.

Minimum Lot Width: 330 feet 98.425 feet Lot Coverage: - 15%

Minimum Setbacks Front: 50 feet 49.21 feet Rear: 30 feet 32.8 feet Side: 15 feet 16.4 feet

46

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The applicants intend to rezone the property from Rural (A1) District to Acreage Residential (RC) District to allow for a two-lot subdivision creating a 0.6 acre New Lot A and a remainder lot of 1 acre. The remainder lot meets the required width for most of the property except the western third, where the width drops, though the average width of the property as calculated by ACRD staff still exceeds the minimum required for RA3 zoning. The applicants have also expressed interest in purchasing the adjacent road allowance (Bowsprit Road) to the north of the property. If they do acquire this land, a three-lot subdivision may be possible under RA3 zoning regulation. The road allowance is in place to ensure public access to the ocean, and planning staff would not be supportive of any proposal that would restrict or delete this access. The owners may wish to explore options with MoTI for retaining public access if they do acquire the property and wish to further subdivide. As per ACRD Zoning Bylaw s. 5.2(2), where a zoning district boundary follows a road allowance, the centre line of that allowance shall be the zoning district boundary, as shown in the Schedule ‘A’ associated with Bylaw P1374.

The proposal requires a rezoning of the subject property from Rural (A2) District to Acreage Residential (RA3) District in order to accommodate the proposed development.

Comments:

1. Confirmation from a Registered On-Site Wastewater Practitioner that an on-site sewage disposal system can be designed and installed to meet the sewerage regulations of the proposed development will be required prior to rezoning.

2. Review by Environmental Services staff to ensure that the Bamfield Water System can

accommodate the additional density on the property will be required prior to rezoning.

3. Meeting all technical referral agency requirements will be required prior to rezoning. The development proposal requires a zoning amendment for a two-lot subdivision. The applicants intend to sell the proposed New Lot made up of the northern 0.6 acre portion in order to finance property improvements on the remainder lot that they will retain ownership of. The proposal fits with the Bamfield OCP and provides a good opportunity for infill development. Planning staff are supportive of the application and recommend that the Board proceed with first reading of the associated bylaw and delegate the public hearing to the area director or alternate director.

47

of 4



Submitted by: _______________________________________ Peter Thicke Junior Planner Reviewed by: _______________________________________ Mike Irg, MCIP, RPP

Manager of Planning & Development _______________________________________

Douglas Holmes, BBA, CPA, CA Chief Administrative Officer

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SUBJECT PROPERTY

50

REGIONAL DISTRICT OF ALBERNI-CLAYOQUOT

BYLAW NO. P1374

OFFICIAL ZONING ATLAS AMENDMENT NO. 704 A bylaw of the Regional District of Alberni-Clayoquot to amend Bylaw No. 15, being the “Regional District of Alberni-Clayoquot Zoning By-law No. 15, 1971”. WHEREAS the Local Government Act authorizes the Regional Board to amend a zoning bylaw after a public hearing and upon the affirmative vote of the directors in accordance with Sections 464, 465, 470 and 479 of the Local Government Act; AND WHEREAS an application has been made to rezone a property; AND WHEREAS the Board of Directors of the Regional District of Alberni-Clayoquot, in open meeting assembled, enacts the following amendment to the Official Zoning Atlas of the Regional District of Alberni-Clayoquot Zoning By-law No. 15, 1971: 1. TITLE

This bylaw may be cited as the Regional District of Alberni-Clayoquot Zoning Atlas Amendment Bylaw No. P1374.

2. Bylaw No. 15 of the Regional District of Alberni-Clayoquot is hereby amended by rezoning: LOT A, SECTION 19, TOWNSHIP 1, BARCLAY DISTRICT, PLAN 50544 from Rural (A2) District to Acreage Residential (RA3) District as shown on Schedule ‘A’ which is attached to and forms part of this bylaw.

3. This bylaw shall come into force and take effect upon the adoption thereof. Read a first time this day of , Read a second time this day of , Read a third time this day of , Adopted this day of ,

_____________________________________ ____________________________________ Douglas Holmes, BBA, CPA, CA Chair of the Regional Board Chief Administrative Officer

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part of Bylaw P1374

ALBERNI-CLAYOQUOTREGIONAL DISTRICT

0 50m 200m

Legal Description:LOT A, SECTION 19, TOWNSHIP 1, BARCLAY DISTRICT, PLAN 50544

To be rezoned from Rural (A2) District to Acreage Residential (RA3) District.

52

TUP18008 Members: City of Port Alberni, District of Ucluelet, District of Tofino, Yuułuʔiłʔatḥ Government, Huu-ay-aht First Nations, Uchucklesaht Tribe and Toquaht Nation


TEMPORARY USE PERMIT APPLICATION

TO: Regional Board of Directors

MEETING DATE: April 25, 2018

TEMPORARY USE PERMIT APPLICATION #: TUP18008

APPLICANT: HFN Lands Limited Partnership

LEGAL DESCRIPTION: LOT 2, SECTION 20, TOWNSHIP 1, BARCLAY DISTRICT, PLAN 23308 EXCEPT

THAT PART IN PLAN 45519

LOCATION: 390 Grappler Road

ELECTORAL AREA: “A” Bamfield

Applicant’s Intention: To establish and maintain temporary staff accommodations on the subject property.

Recommendation:

That the Regional Board consider issuing Temporary Use Permit TUP18008 subject to neighbouring properties being notified as per Local Government Act s.494.

Procedure:

Prior to the issuance of a Temporary Use Permit, the Board must first pass a resolution to consider issuing the permit. Staff then notify neighbouring property owners and tenants and publish a notice in the newspaper to afford the public an opportunity to make written or verbal submissions to the Board. At the subsequent meeting, the Board issues or denies the Temporary Use Permit.

Observations:

1. Property Description: The subject property is 5.36 acres of forested land sloping from ahigh point in the western portion down towards the eastern lot line adjacent toGrappler Rd. The property is bounded by undeveloped area to the east, Frigate Road to

3008 Fifth Avenue, Port Alberni, B.C. CANADA V9Y 2E3 Telephone (250) 720-2700 FAX: (250) 723-1327

53

| 2



the south, Grappler Road to the west, and a mixed commercial/residential property to the north.

2. Services:

(a) Sewage Disposal: Onsite septic.(b) Water Supply: Bamfield Community Water System.(c) Fire Protection: Bamfield Volunteer Fire Department.(d) Access: Access to the property is off Grappler Rd.

3. Existing Planning Documents Affecting the Site:

A. Agricultural Land Reserve: Not within the ALR.

B. Official Community Plan: The Bamfield Official Community Plan (OCP) designatesthe eastern portion of this property as “Residential Use”. The western portion ofthe property is designated as “Commercial Use”. The submitted drawing fromthe applicant appears to indicate that the proposed development will occur inthe portion of the property designated “Residential Use”.

Section 3.3 of the OCP contains general planning policies that apply to allproperties within the OCP area. Policy 3.3.19 in this section allows the issuing oftemporary use permits at the discretion of the Regional Board of Directors inaccordance with s. 493 of the Local Government Act.

C. Zoning: The property is zoned Rural (A2) District in the region of the propertydesignated “Residential Use”. Temporary staff accommodations are not apermitted use under this zoning.

Under Section 493 of the Local Government Act, the Regional District may issue aTemporary Use Permit, by resolution, in areas designated in an OfficialCommunity Plan. A Temporary Use Permit may do one or more of the following:

i. Allow a use not permitted under the Zoning Bylaw;ii. Specify conditions under which the temporary use may be carried;

iii. Allow and regulate the construction of buildings or structures in respectof the use for which the permit is issued.

Where a temporary use permit is designated in an OCP, the Regional District must give notice to the public in accordance with the requirements of the Act, which includes notifying the neighbouring property owners and tenants, and publishing a notice in the newspaper.

54

| 3



The Temporary Use Permit is valid for up to 3 years and may be renewed by the Regional District once. After this time has expired, the property owner must apply to rezone the property to allow for the continued use or discontinue the specified use.

The ACRD may place conditions on the TUP in order to minimize disturbance to surrounding properties. These conditions may relate to use, disturbances, security, appearance of the property, or other related items.

Temporary Use Permit:

The Temporary Use Permit for LOT 2, SECTION 20, TOWNSHIP 1, BARCLAY DISTRICT, PLAN 23308 EXCEPT THAT PART IN PLAN 45519 may be subject to the following conditions and any others that the ACRD Board of Directors considers appropriate at the time of issuance: 1. This permit is issued for the operation of temporary staff

accommodations on the subject property.

2. The structures allowed under this permit are only those associated with the accommodations, consisting of two sleeping trailers and one washroom trailer.

3. Emergency management and security policies are to be established and

enforced.

4. Contact information for the owner or caretaker and a copy of the TUP must be visible in a public location.

5. This permit is valid for three (3) years from the date of execution.

6. At the time this permit expires, the property owner may apply to the Regional District to have it re-issued for a period of up to three (3) years or return the property to the original use permitted under the current Zoning.

7. If the conditions of this permit are not met or if there is a change of

ownership of the property, the ACRD may rescind or terminate the TUP.

55

| 4



Comments: The issuance of this temporary use permit would allow the applicants to move accommodation and washroom trailers onto the subject property for the purpose of housing workers. These accommodations are required to meet housing needs for the 2018 summer season. Prior to their use as residential accommodations, inspection by an ACRD Building Inspector will be necessary to determine compliance with the BC Building Code. The applicants have indicated that they are installing a sewage system that will be capable of accommodating the proposed accommodations. They have also applied to connect to the Bamfield Community Water System. Confirmation from a Registered Onsite Wastewater Practitioner that a sewage system can be designed and installed to accommodate the proposed development is necessary prior to final approval of the TUP. Review by Environmental Services to ensure that the Bamfield Community Water System can handle the increased demand is also required. The attached images were supplied by the applicant to demonstrate the appearance of the proposed buildings. In an email to staff, the two sleeping trailers were described as 55 feet long and 10.5 feet wide, with the washroom trailer 40 feet long and 10.5 feet wide. The applicants discussed updating the siding on the trailers in order to make them more aesthetically pleasing. Staff encourage them to pursue this as a condition of the TUP. Planning staff are supportive of this application and recommend that the Board consider issuing TUP18008 subject to:

• Neighbouring properties being notified as per Local Government Act s.494; • Confirmation from a Registered Onsite Wastewater Practitioner that an adequate

sewerage system can be designed and installed; • Updated siding on buildings as discussed with applicant; • Submitting a parking layout plan; • Submitting an updated site layout indicating that the trailers will be placed on the A2

portion of the property; • Submitting emergency management and security plans to the ACRD; and • Meeting all technical referral agency requirements.

Submitted by: ________________________________ Peter Thicke Junior Planner

56

| 5



Reviewed by: ________________________________

Mike Irg, MCIP, RPP Manager of Planning & Development ________________________________ Douglas Holmes, BBA, CPA, CA Chief Administrative Officer

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SUBJECT PROPERTY

60

ALBERNI-CLAYOQUOT REGIONAL DISTRICT

3008 Fifth Avenue, Port Alberni, BC, CANADA V9Y 2E3 Telephone (250) 720-2700 Fax (250) 723-1327

DVD18004 Members: City of Port Alberni, District of Ucluelet, District of Tofino, Yuułuʔiłʔatḥ Government, Huu-ay-aht First Nations, Uchucklesaht Tribe, Toquaht Nation


MEMORANDUM

To: ACRD Board of Directors From: Charity Hallberg Dodds Meeting Date: April 25, 2018 Subject: DVD18004 – Braden Conley and Broley Properties Inc, 9618 Stirling Arm Crescent Recommendation THAT the Board of Directors issue development variance permit DVD18004. Background On April 11, 2018 the Board reviewed an application for a development variance permit for LOT 4, SECTION 88, CLAYOQUOT DISTRICT, PLAN 28943. The Board resolved that this application proceed to the next stage of the variance process. This involved notifying all neighbouring property owners and residents within 100 meters of the property, which has been completed. No written correspondence has been received to date. If any objections or responses are received prior to the April 25, 2018 Board meeting, staff will inform the Board. The development variance permit will reduce the required watercourse setback from 100 feet (30.48m) to 50 feet (15.24m) to allow for greater flexibility in the siting of an accessory building and associated accessory dwelling unit on the property. Currently there is a single family dwelling and a small accessory dwelling unit (ADU) on this property. When the owner applies for a building permit for the new ADU, as part of the building permit process staff will ensure that the existing ADU is decommissioned or made uninhabitable prior to an occupancy permit being issued. The ACRD zoning bylaw only permits one ADU per lot. Prepared by: _______________________________________________ Charity Hallberg Dodds, Planning Assistant Reviewed by: ______________________________________________ Mike Irg, MCIP, RPP, Manager of Planning & Development Approved by: ______________________________________________ Douglas Holmes, BBA, CPA, CA, Chief Administrative Officer

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SUBJECT PROPERTY

62




DEVELOPMENT VARIANCE PERMIT NO. DVD18004

Whereas, pursuant to Section 498 of the Local Government Act, a local government may by resolution, on application of a property owner, vary the provisions of a bylaw under Division 5 of Part 14 of the Local Government Act; A Development Variance Permit is hereby issued to: Name: Braden Conley and Broley Properties Inc. Address: 9618 Stirling Arm Crescent With respect to: Legal Description: LOT 4, SECTION 88, CLAYOQUOT DISTRICT, PLAN 28943 PID: 001-455-460 The provisions of the Regional District of Alberni-Clayoquot Bylaw No. 15 are hereby varied as follows: (i) Development variance of Section 6.2(4)(a) to reduce the required watercourse setback from 100 feet

(30.48m) to 50 feet (15.24m) for flexibility in siting and construction of an accessory building and associated accessory dwelling unit.

In accordance with the provision of Section 498 of the Local Government Act, approval of this permit was given by resolution of the Board of the Regional District of Alberni-Clayoquot on , 2018. This permit was issued under the seal of the Regional District of Alberni-Clayoquot on , 2018. Douglas Holmes, BBA, CPA, CA Chair of the Board of Directors Chief Administrative Officer

63




Development Variance Application MEETING DATE: April 25, 2018 ACRD FILE NO.: DVD18006 APPLICANTS: Ken and Connie Spillman LEGAL DESCRIPTION: STRATA LOT 2, DISTRICT 148, ALBERNI DISTRICT, STRATA PLAN 826

TOGETHER WITH AN INTEREST IN THE COMMON PROPERTY IN PROPORTION TO THE UNIT ENTITLEMENT OF THE STRATA LOT AS SHOWN ON FORM 1

LOCATION: 10028B Lakeshore Rd. ELECTORAL AREA: “D” Sproat Lake APPLICANT’S INTENTION: The applicant has applied for a development variance permit to increase the allowable height for an accessory building in an “R” District located 10 feet from a side property line from 15’6” to 22’2”. Recommendation: THAT the Board of Directors is, at this time, disposed to deny this application. Prior to doing so, the Board wishes to offer the applicants the opportunity to present their own case as to why this matter should not be denied. Note: Should the Board wish to gather more information from neighbours, a resolution to consider issuance of Development Variance Permit DVD18004, subject to neighbouring properties being notified as per Local Government Act s.499, would be appropriate. Development Variance DVE18002:

i. Development variance of Section 6.5(1)(e) and 6.5(2)(a) of the ACRD Zoning Bylaw to increase the allowable height for an accessory building in an “R” District located 10 feet from a side property line from 15’6” to 22’2”.

Procedure: Prior to the issuance of a development variance permit, the Board must first pass a resolution to consider issuing the permit. Staff then notifies neighbouring property owners and tenants to afford them the opportunity to make written or verbal submissions to the Board. At the subsequent meeting, the Board issues or denies the development variance permit.

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Observations:

i. Status of Property: The 0.52 acre lot is located in a 5 lot bare land strata development accessed off Lakeshore Road. The strata subdivision was developed in 1980. The property is almost entirely cleared and slopes up slightly from the front (east) to the rear (west) and is surrounded by other residential development. There is currently a single family dwelling on the northern side of the property.

ii. Services a. Sewage Disposal: On-site septic system (common strata sewage system). b. Water Supply: On-site water system (Sproat Lake). c. Fire Protection: Sproat Lake Volunteer Fire Department. d. Access: Access to the property is off Lakeshore Road, via the strata road servicing the

subdivision.

iii. Existing Planning Policies Affecting the Site a. Agricultural Land Reserve: Not within the Agricultural Land Reserve.

b. Official Community Plan: The Sproat Lake Official Community Plan (OCP) designates the

subject property as Residential Use.

There are no Development Permit Areas that impact development on this lot.

The variance complies with the policies and objectives of the Sproat Lake OCP. c. Zoning: The property is zoned Acreage Residential (RA1) District.

Permitted Proposed Accessory building height

with 10’ side yard setback: 15’6” 22’2”

The property owner is applying to increase the allowable height for an accessory building in an “R” District located 10 feet from a side property line from 15’6” to 22’2”. Other than the requested variance, the proposal complies with the requirements of the ACRD Zoning Bylaw. The applicant is applying for a development variance to increase the allowable height of an accessory building approximately 7 feet to comply with the ACRD Zoning Bylaw.

Comments:

The applicant has a building permit application submitted with the ACRD for the accessory building, and under review from ACRD Building Inspectors it was determined that a

65

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development variance permit would be necessary for the construction to proceed as planned. The applicant was reluctant to deviate from the submitted plans and so has chosen to apply for a variance to allow for the increase in height. The applicant has not provided any evidence of necessity for the variance to the ACRD other than the presence of some landscaping that would make an alternate siting difficult. Planning staff are not supportive of the requested permit due to the lack of any compelling reason provided by the applicant for the sizable variance required. If the Board wishes to gather more information from neighbours, a resolution to consider issuance of Development Variance Permit DVD18004, subject to neighbouring properties being notified as per Local Government Act s.499, would be appropriate.

Submitted by: _______________________________________ Peter Thicke Junior Planner Reviewed by: _______________________________________ Mike Irg, MCIP, RPP

Manager of Planning & Development _______________________________________


66

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SUBJECT PROPERTY

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ALBERNI‐CLAYOQUOT REGIONAL DISTRICT 3008 Fifth Avenue, Port Alberni BC, CANADA V9Y 2E3 Telephone (250) 720‐2700 Fax (250) 723‐1327

DVD18007 Members: City of Port Alberni, District of Ucluelet, District of Tofino, Yuułuʔiłʔatḥ Government, Huu‐ay‐aht First Nations, Uchucklesaht Tribe, Toquaht Nation


Development Variance Application MEETING DATE: April 25, 2018 ACRD FILE NO.: DVD18007 APPLICANTS: Norman Bailey (agent Judy Bailey) LEGAL DESCRIPTION: LOT 21, DISTRICT LOT 622, CLAYOQUOT DISTRICT, PLAN 12452 LOCATION: 10846 Taylor Arm Drive ELECTORAL AREA: “D” Sproat Lake APPLICANT’S INTENTION: The applicants intend to complete the construction of a deck attached to the house located at 10846 Taylor Arm Drive. The open‐slat deck would be located 2.3 metres (7.5 feet) from the west side lot line and 3.7 metres (12.1 feet) from the front lot line.

Recommendation: THAT the Board of Directors consider issuing development variance permit DVD18007, subject to neighbouring properties being notified as per Local Government Act s.499. Development Variance DVD18007:

i. Development variance of Section 200 – Schedule II – Bulk and Site Regulations of the ACRD Zoning

Bylaw to reduce the required side yard setback from 9 feet to 7.5 feet and the required front yard setback from 34 feet to 12.1 feet including permitted projections for a deck structure in the Acreage Residential (RA1) District as shown on attached Appendix A.

ii. Development variance of Section 6.2(4)(a) to reduce the required setback from the present natural boundary of a lake from 25 feet to 7.8 feet to allow for a deck structure as shown on attached Appendix A.

Procedure: Prior to the issuance of a development variance permit, the Board must first pass a resolution to consider issuing the permit. Staff then notifies neighbouring property owners and tenants to afford them the opportunity to make written or verbal submissions to the Board. At the subsequent meeting, the Board issues or denies the development variance permit.

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Observations:

i. Status of Property: The 0.49 hectare (1.21 acre) property on Sproat Lake is mostly treed. The property has a gentle downward slope in the north‐south direction from the road to a rock bluff adjacent to the lake where the topography drops substantially into the lake. There is a house located on the south end of the property adjacent to the rock bluff at the lakefront and an accessory building to the north of the house.

ii. Services a. Sewage Disposal: On‐site sewage disposal. b. Water Supply: Individual water intake from the lake. c. Fire Protection: Sproat Lake Volunteer Fire Department. d. Access: There is one driveway access to the property from Taylor Arm Drive.

iii. Existing Planning Policies Affecting the Site

a. Agricultural Land Reserve: Not within the ALR.

b. Official Community Plan: The property is designated “Residential Use” in the Sproat Lake

OCP. This designation provides for residential use. The OCP designates a Development Permit Area that impacts development on this property: “Development Permit Area I – Riparian Areas Protection”. Development Permit Area I – Riparian Areas Protection DPA I includes all lands within 30 metres of a major stream and 15 metres of a minor stream. Sproat Lake is defined as a minor stream for the purposes of the Development Permit Area in the OCP. This designation is used to ensure that the ecological values of sensitive riparian and wetland habitats have been considered prior to development, and that measures will be taken to limit or avoid damage to these ecosystems. The applicants have submitted an environmental assessment prepared by D.R. Clough Consulting dated September 4, 2016. The report notes that two significant trees were removed within the DPA but this was unavoidable as they posed a hazard to the existing house. It is recommended that an arborist be consulted to advise on tree maintenance for the remaining trees within the DPA. The biologist does not recommend planting any trees in the bedrock substrate in the riparian area but does encourage the small native shrubbery along the foreshore and on the bedrock bluff to be maintained. The report provides a DPA Protection Plan to follow during construction which includes no further disturbance of native trees within the DP area, sediment control given the proximity to the lake and prevention of any construction materials or concrete entering the lake. The D.R. Clough Consulting report satisfies the requirements of “DPA I – Riparian Areas Protection” and the development permit would be issued following the issuance of the

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development variance.

c. Zoning: The property is zoned Acreage Residential (RA1) District which permits one single family dwelling and accessory uses.

RA1 District Minimum Setbacks (deck structure including permitted projections)

Required Proposed

Front: 34 feet 12.1 feet

Rear: 24 feet n/a

Side: 9 feet 7.5 feet

The proposed deck replaces an older deck that was demolished in 2016. The new deck has the main supporting structure in place including new concrete footings drilled into the bedrock and new supporting framework. The new deck encompasses a slightly larger footprint to the previous deck on the south side facing the lake. An access ramp has been constructed to provide access into the west side of the house from ground level. The applicants have provided a BCLS survey dated October 16, 2017 which sites the partially‐constructed new deck. The deck is located 2.3 metres (7.5 feet) from the west side lot line and 3.7 metres (12.1 feet) from the front lot line at its closest point. Section 6.13 of the Zoning Bylaw allows for a maximum projection of 6 feet into a required front, rear or side yard setback for open porches. Given the required setbacks in the RA1 District, the minimum setbacks from the edge of the deck structure to the lot lines would be 9 feet from the side yard and 34 feet from the front yard.

Comments: The property owner is applying for the variances to allow a building permit to be issued for the completion of the new deck structure. The new deck replaces an old deck which had a similar footprint but was structurally compromised. The construction was initiated without a building permit and has been halted since 2016. The deck is located 2.4 metres (7.8 feet) from the present natural boundary of the lake at its closest point although the footings are built on the top of a bedrock outcrop. Planning staff recommends that the Board proceed with the neighbour notification process for this variance application, and consider any neighbour input in the decision making process. Submitted by: _______________________________________ Alex Dyer, Planner

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Reviewed by: _______________________________________ Mike Irg, MCIP, RPP

Manager of Planning & Development Approved by: _______________________________________


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Sproat bailey 2016 DRC.docx 1

D. R. Clough Consulting

Fisheries Resource Consultants 6966 Leland Road Lantzville B.C. V0R 2H0 Ph/fax: 1-250-390-2901, email: [email protected] Sep 4 2016 Judy Bailey 4241 Kendall Avenue Port Alberni B.C. V9Y 5H9 259-720-9319 RE: Sproat Lake DPA, Bailey Property Environmental Assessment. Introduction: The builder on behalf of landowner (Bailey) has requested this assessment in order to rebuild deck on the beach frontage. This study looks at the development plans with respect to the foreshore 15m DPA on Sproat Lake within the Alberni-Clayoquot Regional District. Methods: A site inspection of the property was conducted by David Clough, RP Bio and Braden Judson, Fisheries Technician on June 29, 2016. The site was inspected for its ecological features and the deck layout. Site Location: 10846 Taylor Arm Drive, Lot 21, DL 622, Clayoquot District VIP 12452. PID # 004-762-045 Area Description: This is shoreline property looking south onto Sproat Lake from Taylor Arm Drive. The treed lot is gently sloping with a sharp drop at the lake. There is a single driveway on the back side of the lot. The lot has a main residence along the lake frontage and a smaller storage/shop/car park building on the back side. The lake frontage has a ramp to a floating boat dock. The main house sits approximately 6.0 m back from an elevated bedrock outcrop. The rock rises up approximately 2.5 m from the existing water level. The proposed deck area has the main supporting framework and concrete anchors installed. The proposed deck is entirely within the DPA area. The old deck was stripped away , two larger trees within the DPA were removed and construction had been initiated on a new deck; with footings and framework done. DPA Plant Community: The DPA vegetation is located on either side of the previously built house. The east and west sides of the property have stands of predominantly Douglas Fir (Pseudotsuga mensiesii). The house is nested inside this grove of trees. These larger second growth trees shade the house and the lake from the north side. . The immediate foreshore where the deck is proposed has a solitary tree and the stumps of two recently removed trees. These two trees were significant size and would have shaded the foreshore. They were also within 2.0 m of the house and were identified as danger trees to the dwelling. The substrate under the deck area is primarily bare bedrock with no significant plant community. On the rock bluff shore line there are some short shrubs and sapling trees growing from crevices. DPA Area;

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The DPA along Sproat Lake is 15.0m wide from the High Water Mark. The front part of the existing house and all of the proposed deck sit in the DPA area. The HWM was not identified at the time of the survey. DPA Development Plans: The property owner is replacing their front deck. The old deck is gone but the old footprint is still visible. The new deck is slightly longer and wider (see property plan). Some new deck footings have been poured down over the side of the rock bluff overlooking the lake shore. With no property pins observed, it is difficult to say if all these footings are on the property. They must be moved if below the property line HWM. This would reduce the deck length by only a few feet but permit plant growth on the only area remaining. It would also reduce construction concerns as work would be further back from the lake water edge. DPA Enhancement Plans: We encourage the management and preservation of existing trees in the lot as they affect the health of the lake. The property owners have preserved many significant trees on the property and they are high value to the lake environment. Planting trees or shrubs in the bedrock substrate along the deck edges is not likely to be successful and not recommended. The small native shrubbery along the foreshore and on the bedrock bluff should be encouraged and harm avoided. We recommend an arborist be consulted should any other trees be removed in the DPA as they can advise on tree maintenance on issues of removal, maintenance and replacement. DPA Protection Plan: The following advice is recommended for protection during construction by the owner or contractor.

1.) The deck footings must be above the legal High Water Mark 2.) There shall be no disturbance of any other native trees and shrubs in the DPA Area

(unless consulted). 3.) Install a sediment fence to control construction waste given the proximity to the lake to the

shore side. 4.) Construction materials such as pressure treated wood must not enter the lake. 5.) The contractor shall not pour any concrete in the lake or wash tools in the lake. 6.) Construction processes must be contained within the working area and limit the disturbed

area for access with designated fencing/barriers.

Discussion: The proposed Deck plans replace a pre-existing deck with a wider and longer structure. It projects out further towards the lake with new footing placements out a few feet beyond the old deck and are now situated over the bedrock bluff. They may be within the lake HWM. The new location of the front footings must be above the HWM. The adjustment if needed will protect the foreshore from encroachment and lessen the impact on the remaining small shrubbery growing on the bluff. This is an older property with a pre-DPA house situated very close to the lake and within the treed riparian area. As such the owners had to remove the trees that were threatening the house. Given the setting this situation is unavoidable for occupant safety. The owners have preserved many trees on the property on either side of the house which do provide riparian function. It does provide an example of why the new 15m DPA will lessen the danger to new property owners on the lake. Yours Truly,

Dave Clough RPBio

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Figure 1 – Site Location

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Figure 2: Deck Plans (Full Paper Plans to be submitted)

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Figure 3 -Site Photos

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BC 87046

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259

Sl oman

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Rock

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258

Mu d

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FEDERAL

S P R O A T

0 20m 80m

This map depicts subdivision relationship only

and should not be used to establish legal lot

size or dimensions. For accurate lot dimensions

and other relevent information, please see the

registered survey plans.

Contours are 2m derived from TRIM mapping

83

FEDERAL

1074

8AB212212452

232425

EX. 43743

45

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28

12452

36789

1245218

1716

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610

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TAYLOR

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86



TEMPORARY USE PERMIT APPLICATION TO: Regional Board of Directors MEETING DATE: April 25, 2018 TEMPORARY USE PERMIT APPLICATION #: TUP18005 APPLICANT: Bette Broome LEGAL DESCRIPTION: LOT 1, DISTRICT LOT 120, ALBERNI DISTRICT, PLAN VIP81178 LOCATION: 9290 Stirling Arm Dr. ELECTORAL AREA: “D” Sproat Lake Applicant’s Intention: To continue seasonal operation of a short term vacation rental unit located on the bottom floor of the applicant’s three-storey house. Recommendation: That the Regional Board consider issuing Temporary Use Permit TUP18005 subject to neighbouring properties being notified as per Local Government Act s.494. Procedure: Prior to the issuance of a Temporary Use Permit, the Board must first pass a resolution to consider issuing the permit. Staff then notifies neighbouring property owners and tenants, and publishes a notice in the newspaper to afford the public an opportunity to make written or verbal submissions to the Board. At the subsequent meeting, the Board issues or denies the Temporary Use Permit. Observations:

1. Property Description: The subject property is 1.19 forested acres fronting onto Sproat Lake. There is a single family residence on the lot and a private dock. The property slopes from Stirling Arm Drive down towards the lake, with the incline running from northeast to southwest. The property is bounded by residential properties to the east


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and west, Sproat Lake to the south, and Stirling Arm Drive to the north.

2. Services: (a) Sewage Disposal: On - site septic. (b) Water Supply: On - site water (Sproat Lake). (c) Fire Protection: Sproat Lake Volunteer Fire Department. (d) Access: Access to the property is off Stirling Arm Drive.



B. Official Community Plan: The Sproat Lake Official Community Plan (OCP)

designates this property as “Residential Use”. This designation supports the residential use as the primary use of the property.

Section 3.2 of the OCP contains general planning policies that apply to all properties within the OCP area. Policy 3.2.11 in this section allows the issuing of temporary use permits at the discretion of the Regional Board of Directors in accordance with s. 493 of the Local Government Act. The OCP designates a Development Permit Area (DPA) that impacts development on this property: “Development Permit Area I – Riparian Areas Protection”. This DPA extends to areas within 15 metres of Sproat Lake measured from the high water mark, along the western boundary of the subject property. This DPA is intended to minimize negative environmental impacts from development activities. The issuance of this TUP will not trigger DPA requirements. The proposal complies with the policies and objectives of the Sproat Lake OCP. A TUP may be issued to allow the use requested for the subject property.

C. Zoning: The property is zoned Acreage Residential (RA1) District. This zoning

designation does not allow short-term vacation rentals, though accessory dwelling units are permitted on properties greater than 1 acre in size.

Under Section 493 of the Local Government Act, the Regional District may issue a Temporary Use Permit, by resolution, in areas designated in an Official Community Plan. A Temporary Use Permit may do one or more of the following:

i. Allow a use not permitted under the Zoning Bylaw; ii. Specify conditions under which the temporary use may be carried;

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iii. Allow and regulate the construction of buildings or structures in respect of the use for which the permit is issued.

Where a temporary use permit is designated in an OCP, the Regional District must give notice to the public in accordance with the requirements of the Act, which includes notifying the neighbouring property owners and tenants, and publishing a notice in the newspaper. The Temporary Use Permit is valid for up to 3 years and may be renewed by the Regional District once. After this time has expired, the property owner must apply to rezone the property to allow for the continued use or discontinue the specified use. A Short-term Vacation Rentals Temporary Use Permit Policy was adopted by the Board on January 24, 2018, and is attached to this report. This policy specifies regulatory areas, notification requirements, terms and renewals, criteria for evaluation, and conditions that the permit is subject to. For the subject property in the Sproat Lake area of the ACRD, a TUP can be issued for up to 3 years and renewed once as long as the use is seasonal in nature and compatible with the surrounding uses, area, and environment. The submitted application complies with the conditions and requirements set out in the policy. When issuing a TUP, the ACRD may specify conditions that restrict the permit including:

a. The buildings to be used; b. The area of use; c. The hours of use; d. Form and character; e. Environmental protection; f. Site-related restrictions; and g. Any other relevant conditions determined by the ACRD.

Temporary Use Permit:

The Temporary Commercial Use Permit for LOT 1, DISTRICT LOT 120, ALBERNI DISTRICT, PLAN VIP81178 may be subject to the following conditions and any others that the ACRD Board of Directors considers appropriate at the time of issuance: 1. This permit is issued for the operation of a 2 bedroom short-term

vacation rental unit at the subject property.

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2. The rental unit is limited to the ground floor suite of the single family dwelling on the subject property.

3. The rental unit shall not change the residential appearance of the single

family dwelling.

4. The owner or a caretaker must live on-site.

5. Contact information for the owner or caretaker and a copy of the TUP must be visible in a public location.



8. If the conditions of this permit are not met or if there is a change of

ownership of the property, the ACRD may rescind or terminate the TUP.

Comments:

Illegal short-term vacation rentals are a growing concern in the ACRD and planning staff have determined that using a TUP program is the most effective method for bringing these units into compliance at the present time.

The ACRD Board of Directors has adopted a policy that outlines the requirements for short-term vacation rental units on Sproat Lake through the issuance of a Temporary Use Permit. The applicant is applying for a this type of Temporary Use Permit to rent out a two-bedroom suite on the ground floor of a house that can accommodate up to six visitors. The applicant lives on site in the upper floors of the same house. The suite is already existing and has been used for both long-term and short-term rentals.

The applicant has regular (previous 4 years) long-term tenants living in the suite during the fall, winter, and spring months, and during the peak summer months (July and August) the suite has been rented on a short term basis. The issuance of this temporary use permit would bring the summer short-term rental of the property into compliance with the ACRD Zoning Bylaw.

The applicant has include documents detailing sewer system capacity and a home

warranty certificate that appear to satisfy policy conditions. The applicant has been clear about

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the use, scale, and timeframe of her short-term vacation rental business and has applied through the framework established by the ACRD to deal with short-term vacation rental properties. Subject to final approval, an ACRD Building Inspector will need perform a walk-through of the suite to confirm compliance with all policy and safety requirements.

Planning staff are supportive of this application and recommend that the Regional Board consider issuing Temporary Use Permit TUP18005 subject to neighbouring properties being notified as per Local Government Act s.494. Submitted by: ________________________________ Peter Thicke Junior Planner Reviewed by: ________________________________

Mike Irg, MCIP, RPP Manager of Planning & Development ________________________________ Douglas Holmes, BBA, CPA, CA Chief Administrative Officer

91

Bedroom 1 Bedroom 2

Kitchen and Living Room Front view of house. Suite is on ground floor

92

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A

9376

9394

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9120

9138

9108

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92309218

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93169296

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93489334

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SUBJECT PROPERTY

95



TEMPORARY USE PERMIT APPLICATION TO: Regional Board of Directors MEETING DATE: April 25, 2018 TEMPORARY USE PERMIT APPLICATION #: TUP18002 APPLICANT: Richard Bauer/Joe Hawkins LEGAL DESCRIPTION: LOT 3, DISTRICT LOT 135, ALBERNI DISTRICT, PLAN 6543 LOCATION: 2431 Old Nanaimo Highway ELECTORAL AREA: “F” Cherry Creek Applicant’s Intention: The applicant intends to locate and operate a commercial diesel engine repair shop on the subject property, which is currently zoned for residential use. A Temporary Use Permit would allow the temporary legal use of the property for the stated purpose. Recommendation: That the Regional Board consider issuing Temporary Use Permit TUP18002 subject to neighbouring properties being notified as per Local Government Act s.494. Procedure: Prior to the issuance of a Temporary Use Permit, the Board must first pass a resolution to consider issuing the permit. Staff then notifies neighbouring property owners and tenants, and publishes a notice in the newspaper to afford the public an opportunity to make written or verbal submissions to the Board. At the subsequent meeting, the Board issues or denies the Temporary Use Permit. Observations:

1. Property Description: The 1.13 acre lot is flat and treed through the far northern portion of the property. There is a single family dwelling and accessory building already existing on the property along the southern portion facing the Old Nanaimo Highway.


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The area around the house and all of the southern portion of the property has been cleared. To the south, east, and west of the subject property are residential properties, and to the north is undeveloped, treed land.

2. Services:

(a) Sewage Disposal: On-site septic. (b) Water Supply: Cherry Creek Community Water. (c) Fire Protection: Cherry Creek Volunteer Fire Department. (d) Access: Access to the property is off Old Nanaimo Highway.



B. Official Community Plan: The Cherry Creek OCP designates this property as

“Residential Use”. There are no policies that support commercial or industrial uses or Temporary Use Permits on properties with this designation.

There are no Development Permit Areas that impact the property.

C. Zoning: The property is zoned Small Holdings (A1) District. This zoning

designation does not allow the proposed commercial use of a diesel engine repair shop.

Under Section 493 of the Local Government Act, the Regional District may issue a Temporary Use Permit, by resolution, in areas designated in an Official Community Plan. A Temporary Use Permit may do one or more of the following:

i. Allow a use not permitted under the Zoning Bylaw; ii. Specify conditions under which the temporary use may be carried;

iii. Allow and regulate the construction of buildings or structures in respect of the use for which the permit is issued.

Where a temporary use permit is designated in an OCP, the Regional District must give notice to the public in accordance with the requirements of the Act, which includes notifying the neighbouring property owners and tenants, and publishing a notice in the newspaper. The Temporary Use Permit is valid for up to 3 years and may be renewed by the Regional District once. After this time has expired, the property owner must apply to rezone the property to allow for the continued use or discontinue the

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specified use.

A. Temporary Use Permit:

The Temporary Commercial Use Permit for LOT 3, DISTRICT LOT 135, ALBERNI DISTRICT, PLAN 6543 would be subject to the following conditions: 1. This permit is issued for the operation of a commercial diesel engine

repair shop at the subject property.

2. This permit is granted for the sole use of the applicants and is non-transferable.

3. Hours of operation shall be limited to 9:00am to 5:00 pm, Monday to

Friday.



6. Should the conditions of this permit not be met, the permit will be revoked and any related operations must cease immediately.

Comments: The applicant is seeking a TUP in order to legally operate a diesel engine repair shop at the subject property. A TUP can allow a use on a property that is not permitted under the zoning bylaw for a specific period of time. The diesel repair shop is not currently located at the subject property, but granting the TUP would enable its legal operation there. In 2016, the applicant was granted a Temporary Use Permit (TUP) to operate the business on a different property in Cherry Creek. The business is in the process of attempting to move to the subject property, but the applicant does not wish to proceed through the rezoning process due to time constrictions and is requesting a new TUP for the subject property. The business owner (Joe Hawkins) is seeking to purchase the property from the property owner (Richard Bauer) should the Temporary Use Permit be approved. If it is not approved, the business owner will likely look for another location for the business to operate.

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Although the proposed location for the business is surrounded by residential properties, there are other commercial uses in the vicinity further east down Old Nanaimo Highway (refrigeration repair shop and contractor’s marshalling yard). Neighbouring properties have expressed opposition to the granting of the TUP, and ACRD Staff have received an unsolicited letter and petition signed by the owners of many of the neighbouring properties that do not support the application. The letter and petition are attached to this report. Planning staff recommend that the Regional Board move forward with neighbour notification as per Local Government Act s.494 and consider any further input from affected properties in the decision-making process. Submitted by: ________________________________ Peter Thicke Junior Planner Reviewed by: ________________________________

Mike Irg, MCIP, RPP Manager of Planning & Development

________________________________ Douglas Holmes, BBA, CPA, CA Chief Administrative Officer

99

Backyard of the subject property, looking toward Old Rear view of existing house and accessory building.

Nanaimo Hwy. Proposed shop location in foreground.

Front view of subject property. Front view of existing house and neighbouring house.

Looking west along Old Nanaimo Hwy.

100

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LNKETCHAM

OLD NANAIMO HWY

MA

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2402

2431

2420

2460

2440

50305015

2421

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5050

2390

2480

2498

2500

2550

2518

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420

2535

2519

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SUBJECT PROPERTY

104

Members: City of Port Alberni, District of Ucluelet, District of Tofino, Yuułuʔiłʔatḥ Government, Huu-ay-aht First Nations, Uchucklesaht Tribe and Toquaht Nation Electoral Areas "A" (Bamfield), "B" (Beaufort), "C" (Long Beach), "D" (Sproat Lake), "E" (Beaver Creek) and "F" (Cherry Creek)

REQUEST FOR DECISION To: ACRD Board of Directors From: Mike Irg, Manager of Planning and Development Meeting Date: April 25, 2018 Subject: Beaver Creek Water System Service Area DCC Bylaw F1133 Amendments Required by the Inspector of

Municipalities Recommendation:

That the Board of Directors rescind third reading of Bylaw F1133. That the Board of Directors amend Bylaw F1133 as presented. That Bylaw F1133 be read a third time as amended.

Desired Outcome:

To have a fair development cost charges (DCCs) applied to new subdivisions and construction within the Beaver Creek Water Service Area. Summary:

The Inspector of Municipalities requires two changes to Bylaw F1133 before the Bylaw will be approved. Section 3.1 c) is amended by removing “or where the total value of building permits issued for the same parcel of land within in the last two preceding years exceeds $50,000”; Section 3.2 b) is amended by adding “with a construction value in excess of fifty thousand dollars ($50,000): Time Requirements – Staff & Elected Officials:

Staff time is required to review and amend the draft bylaw. Once adopted, administration of the DCC’s will be part of the service and charged prior to subdivision approval or when a building permit is applied for. Bylaw F1133 effective date is 60 days after the date of adoption. If the application meets the criteria set out in section 568 of the LGA, Bylaw F1133 does not apply for 12 months from the date of adoption.

Financial:

DCC’s contribute to the capital infrastructure funds of the Beaver Creek Water Service that result from growth and development within the service area.

Policy or Legislation: DCC’s fall under Part 14 of the Local Government Act and is voted on by the Electoral Area Directors only.


105

Members: City of Port Alberni, District of Ucluelet, District of Tofino, Yuułuʔiłʔatḥ Government, Huu-ay-aht First Nations, Uchucklesaht Tribe and Toquaht Nation Electoral Areas "A" (Bamfield), "B" (Beaufort), "C" (Long Beach), "D" (Sproat Lake), "E" (Beaver Creek) and "F" (Cherry Creek)

Strategic Priorities: This was a project in process in 2017 to be completed in 2018. Submitted by: _______________________________________________________

Mike Irg MCIP, RPP, Manager of Planning and Development Approved by: _______________________________________________________ Douglas Holmes, BBA, CPA, CA, Chief Administrative Officer

106

Regional District of Alberni-Clayoquot

BYLAW NO. F1133

A BYLAW TO IMPOSE DEVELOPMENT COST CHARGES WITHIN THE BEAVER CREEK WATER SYSTEM SERVICE AREA

WHEREAS the Board may, pursuant to the Local Government Act, impose, by bylaw, development cost charges; AND WHEREAS Bylaw No. E1054 being “A bylaw to establish a local service area within a portion of Electoral Area “E” (Beaver Creek) to provide for the supply, conveyance, storage and distribution of water to the Beaver Creek Community” was adopted by the Regional District Board on the 13th day of June 2012; AND WHEREAS the development cost charges imposed by this Bylaw are for the purpose of providing funds to assist the Regional District to pay the capital cost of providing, altering or expanding water facilities to service directly or indirectly, development in respect of which the charges are imposed; AND WHEREAS the Board has considered the following:

a) future land use patterns and development b) the phasing of works c) how development designed to result in a low environmental impact may affect the

capital costs of infrastructure under section 559(2) and (3) of the Local Government Act d) that the costs are not excessive in relation to the capital cost of prevailing standards of

service, e) that the charges will not deter development, discourage the construction of reasonably

priced housing, the provision of reasonably priced serviced land, nor discourage development designed to result in a low environmental impact on the regional district

in the Beaver Creek Water System Service Area; NOW THEREFORE, the Board of Directors of the Regional District of Alberni-Clayoquot in open meeting assembled enacts as follows:

1. INTERPRETATION Definitions:

107

“Dwelling, Single Family” means a detached building or mobile home containing one dwelling unit used or intended for residential use.

“Dwelling Unit” means a self-contained unit consisting of one or more rooms designed occupied or intended for occupancy as a separate household with sleeping, sanitary and cooking facilities. "Gross Floor Area" means the total area of all the floors measured to the extreme outer limits of the building, or to the centre of the firewalls, and areas giving access thereto, such as corridors, hallways, landing, foyers, staircases, and stairwells.

“Service Area” means the service area created under Bylaw No. E1054 being “A bylaw to establish a local service area within a portion of Electoral Area “E” (Beaver Creek) to provide for the supply, conveyance, storage and distribution of water to the Beaver Creek Community” as amended from time to time. "Subdivision" means a subdivision of land under the Land Title Act or the Strata Property Act.

2. APPLICABLE SERVICE AREAS

This Bylaw applies to subdivisions and development in the Beaver Creek Water System Service Area.

3. CHARGES AND PAYMENT 3.1 Every person who obtains, in the service area:

a) approval of a subdivision for any purpose of a parcel of land under the Land Title Act or the Strata Property Act which creates a parcel zoned to permit no more than two dwelling units, or

b) a building permit, authorizing the construction, alteration or extension of a building or structure where the construction value of the work authorized by the permit exceeds fifty thousand dollars ($50,000), authorizing the construction, alteration or extension of a building that will, after the construction, alteration or extension, be put to no other use other than the residential use in the dwelling units contained in the building;

c) a building permit for any new floor area which has a construction value in excess of fifty

thousand dollars ($50,000); shall pay, at the time of the approval of the subdivision or the issuance of the building permit, the applicable development cost charges as set out in Schedule ‘A’ attached to and forming part of this bylaw. 3.2 Despite section 3.1, in the case of a mobile home park, a development cost charge shall be

payable by every person who obtains: a) approval of a subdivision for any purpose of a parcel of land under the Land Title Act or

the Strata Property Act to create a new parcel on which a mobile home is to be located or

108

b) a building permit authorizing the construction, alteration or extension of a building or structure with a construction value in excess of fifty thousand dollars ($50,000).

3.3 A development cost charge payable under this bylaw must be paid in accordance with the Local Government Act.

3.4 In the case of a comprehensive development area consisting of a parcel that has different uses permitted in different parts of a parcel, the development cost charges under this bylaw shall be calculated separately for each part of the comprehensive development designated respectively based on the types of development as described in Schedule A.

4. EXCEPTIONS

Section 3 does not apply to the extent that the payment of a development cost charge is subject to an exception, exemption, waiver or reduction provided for in the Local Government Act or in another enactment.

5. EFFECTIVE DATE

This bylaw will come into full force and effect 60 days from the adoption of the bylaw.

6. SEVERABILITY In the event that any portion of this bylaw is declared invalid it shall be severed and the remainder of the bylaw shall continue in full force and effect.

7. REPEAL This Bylaw repeals Capital Expenditure Bylaw, being Beaver Creek Improvement District Bylaw No. 148

8. CITATION This bylaw may be cited as the “Beaver Creek Water System Service Area Development Cost Charge Bylaw No. F1133, 2017”

Read a first time this 8 day of November, 2017 Read a second time this 8 day of November, 2017 Amended this 14 day of March 2018

Read a third time this 14 day of March 2018 APPROVED BY THE INSPECTOR OF MUNICIPALITIES THIS day of 2018

ADOPTED this day of 2018

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Certified true and correct copy of “A Bylaw to Impose Development Cost Charges for the Beaver Creek Water System Local Service Area Bylaw No. F1133, 2017”

The Corporate seal of the Regional District of Alberni-Clayoquot was hereto affixed in the presence of:

Chief Administrative Officer Chairperson

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Schedule ‘A’

Development cost charges payable under this bylaw are:

Type of Development Upon Subdivision Upon Building Permit

Residential Dwelling, Single Family

$5,023 per parcel created for one dwelling unit

$5,023 per one dwelling unit

Residential Dwelling, Two Family (duplex)

$10,046 per parcel created for two dwelling units

$10,046 per parcel created for two dwelling units

Residential Dwelling, Three Family (triplex)

$15,069 per parcel created for three dwelling units

$15,069 per parcel created for three dwelling units

Residential Dwelling, Four Family (four plex)

$20,092 per parcel created for four dwelling units

$20,092 per parcel created for four dwelling units

Residential Dwelling, Multi Family

$4,186 per dwelling unit permitted to be constructed under zoning; or

$4,186 per dwelling unit permitted to be constructed under zoning; or

Commercial $18.80 per gross floor area, m2

Institutional $23.00 per gross floor area, m2

Industrial $94,188 per ha of gross site area

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Board of Directors Meeting Schedule MAY 2018

DATE MEETING TIME & LOCATION ATTENDEES Wednesday, May 2, 2018

Electoral Area Directors Meeting Alberni Valley & Bamfield Services Committee Meeting

10:00 am – Regional District Board Room 1:30 pm – Regional District Board Room

Committee, Staff Committee, Staff

Wednesday, May 9, 2018

Board of Directors Meeting Regional Hospital District Meeting

1:30 pm – Regional District Board Room Immediately following above

Board, Staff Board, Staff

Wednesday, May 23, 2018

Board of Directors Meeting

1:30 pm – Regional District Board Room

Board, Staff

April 20, 2018

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