You are hereReport from the Bylaw 3441 Public Hearing
Report from the Bylaw 3441 Public Hearing
Report by Mary Beth MacKenzie, Deputy Clerk, April 18, 2011
The Municipal Council held a public hearing in the Council Chambers at 7:00 p.m. on Thursday, April 14, 2011 to receive public input on two rezoning applications.
All members of Council attended the hearing, except Councillor Koury (on leave). In addition, the following staff attended the hearing: D. Devana, Chief Administrative Officer; S. Mack, Director of Planning & Development; B. Reynolds, Planner; and M.B. MacKenzie, Deputy Clerk.
Approximately 47 other persons attended the hearing.
Procedure
Mayor Walker called the public hearing to order at 7:00 p.m. He welcomed the public and explained the purpose of the public hearing. He advised that Council’s policy is to not receive any verbal or written presentations after a public hearing, other than technical information from staff. Mayor Walker explained that the purpose of this policy is to ensure that the public is aware of, and can comment on, all of the public input Council has received.
Bylaw 3441 – Lot B York Road – A2 to R3 Zone
Mayor Walker asked if anyone wanted to submit late petitions or correspondence to Council about this proposed rezoning but no one came forward. Mayor Walker then asked the Planner to introduce the proposal.
Ms. Reynolds introduced the rezoning application, explaining that the proposal is to reclassify to reclassify parts of Lot B…Plan VIP 64741 (Folio 197-156) from Rural Zone (A2) to Residential One and Two Family Zone (R3). The Planner explained that if the rezoning is approved, the applicant intends to create five single-family lots on .6 hectare (1.6 acre). She advised that the balance of the property (2.1 hectares [5.1 acres]) has been transferred to the Provincial Crown to ensure the protection of archeological features found on the property. She further advised that the R3 zone permits the following uses: agriculture, assisted living, bed and breakfast community care facility, home-based business, secondary suite, single-family dwelling, supportive housing, and two-family dwelling.
Mayor Walker then asked for a summary of the written submissions Council received on this proposal. The Deputy Clerk reported that Council received the following 7 written submissions from the public on this proposal prior to the hearing which were copied to all members of Council:
1) March 3, 2009 - Syanne Smith, of the Garry Oak Ecosystems Recovery Team, asking Council to consider the ecological values of this property such as the Garry Oak ecosystem and other conservation values,
2) February 1, 2011 - Chief Lydia Hwitsum, of the Cowichan Tribes, advising Council that it opposes development of the lot on York Road due to its proximity to known archaeological finds, but does not object to development of lots on Timbercrest Drive,
3) April 10, 2011 - Dave Polster, of Polster Environmental Services Ltd., opposing development of the York Road lot due to the area being a traditional village site (read into the record in full),
4) April 13, 2011 - Denny Wagg, of 6041 Hyacinth Place, opposed to the proposed development of the York Road lot due to the Garry Oak ecosystem,
5) April 13, 2011 - Alexandra opposed to the removal of Garry Oak trees on York Road,
6) April 14, 2011 - Eric McLay, Archaeologist, Gabriola Island, confirming that he has been contracted by Timbercrest Estates to complete an archaeological impact assessment study of the two proposed development parcels to protect and conserve its archaeological values, and
7) April 14, 2011 – a submission by the Touchstone Committee questioning the lawful rights of regulation of the subject lands and resources.
The Deputy Clerk pointed out the location of the public information binder and welcomed the public to look through it during the meeting.
Mayor Walker invited the applicant to describe the proposal.
David Conway, agent for the proponent, emphasized that this project is a compromise, and that five acres had been transferred to the Province. He agreed to respond to comments to be raised by residents at the public hearing.
Mayor Walker asked for comments from the public. The following speakers spoke in opposition to the application including Chuck Seymour, Maureen Tommy, Dianne Hinkley, Bernadette Peter, Ruby Peter, Dora Wilson and Larry George, Greg Gerbis; Paul Fletcher; Andres and Judith Henderson, Denny Wagg, Tracy Fleming, Jennifer and Charles Lazenby and their daughter, Judith Henderson, Genevieve Singleton, Jerry Mattu, Rhoda Taylor, Peter Rusland, and two residents of 1241 Maple Bay Road.
The points raised by the persons noted above included:
• Cowichan Tribes is a level of government and should be included in the consultation process, rather than attending a public hearing
• the history of the 2,000 Quamichan people on this property and use of the land for hunting and fishing
• the need to respect First Nations culture and not allow further disturbance of ancestors’ graves on the northern part of the site
• the sadness felt by the First Nations community and its residents to see their ancestors’ graves disturbed
• halting development on the property and covenanting access for protection of this area
• the Heritage Conservation Act and provisions for alteration permits which have not been secured by the developer
• a comment noting that the land transferred to the Province should have been gifted to the Quamichan people
• the long history of applications to develop this property, its removal from the Agricultural Land Reserve, diminished values due to “piece meal development” of the area and a plea to protect what is left
• discovery of the burial site in 1992, the potential that there may be more burial sites in the area, and a plea to listen to the concerns of First Nations
• reference to a staff report from 2003 recommending the protection of the trees on the land and the subsequent removal of all but 2 or 3 Garry oaks
• questions regarding rezoning to R3 in an area that is zoned primarily R2
• the need to protect birds and rare plants on the property, and the upcoming rare plant study which can only be conducted during a short 2-week window in early May and will not be possible if the land is developed
• the Provincial Government’s request for an Archaeological Impact Assessment
• filling of land to meet flood construction levels may contradict the Memorandum of Understanding for flood mitigation between the partners
• the need to protect the last two Garry oaks remaining on the property
• comments that the development’s impermeable surfaces will increase flows to the Somenos Creek system, adding to flood concerns
• comments included in a letter from the Cowichan Valley Naturalists Society noting its opposition to the development due to its proximity to the Somenos Garry Oak Protected Area and a 4,000 year old village site, and the potential to leave a legacy for future generations
• the need to protect the fragile and ecologically sensitive Garry oak ecosystem in the valley which has been reduced to just 5%
• a desire to see the subject lot on York Road also transferred to the Province and/or not developed
• a submission of photographs of the site before and after the Garry oaks were cut, and information that there are already several new Garry oaks growing on the property
• increased traffic from the development may cause more problems at the difficult intersection of Lakes Road and Trillium Way
• the discovery of the pit house feature on the site which may indicate other undiscovered archaeological features in the area
• suggestions that this property is being developed in exchange for sewer units in Cowichan Bay
• frustration over the long history to try and protect this site through discussions with Federal, Provincial and local governments, with each level of government referring the issue to another level of government to deal with
• questions regarding the future of the York Road right-of-way
• question if future landowners will be advised of the archaeological sensitivity on the south-east lots
• a desire to keep the northwest lot as a buffer
• a request to designate this site as a protected heritage site under the Local Government Act
• allowing the developer to develop would be rewarding him for his intentional actions to destroy the Garry oak trees and lower the value of the property
• the urgent need for a tree protection bylaw
In response to Mayor Walker’s invitation for the applicant to discuss the issues raised by the public, Dave Conway noted that the project budget provides for a member of Cowichan Tribes to be included in the archaeological team. He noted that the pit house is located in the area of the property that was transferred to the Province. Construction on site will require raised floors to accommodate 200 year flood levels.
Councillors sought and received technical information from staff and the applicant.
Mayor Walker asked 3 more times if anyone else wished to comment on this bylaw but no one came forward to speak; therefore, Mayor Walker closed the public hearing at 10:26 p.m.
Certified fair and accurate:
M. B. MacKenzie, Deputy Clerk