1) Development Variance Permits Approved
After fulfilling the mandatory notice requirements and providing an opportunity for input from the public, Council approved the issuance of Development Variance Permits (DVP) #188, #189, #190 and #193.
DVP #188 varies the minimum rear yard setback for a secondary detached dwelling unit including a detached garage only, along a portion of the west property line from 6.0 metres to 1.5 metres at 441 9th Avenue.
DVP #189 varies the minimum side yard setback along the west property line to facilitate the construction of a proposed attached carport on the east side of the single family dwelling at 73 Ridgemont Drive.
DVP #190 varies the minimum rear yard setback from 6.0 metres to 1.83 metres along a portion of the east property line at the lane to enable the construction of a secondary detached dwelling unit including a detached garage with a second storey stairway and sundeck at 1042 11th Avenue.
DVP #193 legalizes the siting of the existing single family dwelling to facilitate the rezoning of the subject lot from R1 – Single Family Residential to R1B – Single Detached Plus Residential at 441 9th Avenue.
2) Zoning Bylaw Amendments Adopted
After holding public hearings on June 30th for Zoning Amendment Bylaws No. 2068 and No. 2074 and after receiving approval from the Ministry of Transportation, both bylaws were adopted by Council.
Bylaw No. 2068 rezones the property located at 1042 11th Avenue from R1-Single Family Residential to R1B-Single Detached Plus Residential. The Bylaw change will allow a secondary dwelling unit to be constructed on the property.
Bylaw No. 2074 rezones the property located at 441 9th Avenue from R1-Single Family Residential to R1B-Single Detached Plus Residential. The Bylaw change will allow a secondary dwelling unit to be constructed on the property.
3) Land Use Bylaws Proceeding
Official Community Plan (OCP) Bylaw No. 2063 and Zoning Amendment Bylaw No. 2064 both received first and second reading and will now be sent out to numerous agencies and adjacent property owners for comment on the proposed Bylaw amendments, prior to the required statutory public hearing on the matter.
The proposed Bylaws apply to a 49 hectare parcel located south of Mt. Fernie Park Road and Anderson Road and east of Mt. Fernie Provincial Park that was recently annexed into the City of Fernie. The parcel has interim Regional District of East Kootenay zoning of RR-60 – Rural Resource which permits “single family dwelling”, “two family dwelling” and “agricultural use” among other uses.
The OCP Bylaw is proposed to be amended by designating the area of the subject parcel that is planned for residential development as “Residential Mixed Density” and the area that is to be retained as open space or conservation area as “Natural Open Space”.
Zoning Bylaw No. 1750 is proposed to be amended by inserting a “Comprehensive Development Four Zone,” the purpose of which is to provide for the development of the residential units that include one or more land use designations and dedication of a significant natural open space or conservation area based on a comprehensive development plan. The proposed housing diversity is consistent with a “Housing” objective in the OCP which encourages a spectrum of residential dwelling types, locations and densities.
4) Pesticide Bylaw To Be Prepared
After seeing a presentation from Julia O’Shannassy from the Integrated Pest Management Task Force earlier in the day, Council also received a presentation from Ms. Patti Moore and Ms. Theresa Hermary from the Canadian Cancer Society on the use and effect of pesticides. The presentation explained what pesticides are, what health risks they pose to humans, animals and the environment, the role of government in regulating pesticide use and pesticide use in the City of Fernie.
Both groups offered their support and urged Council to adopt a Bylaw that would prohibit the use of cosmetic pesticides under most circumstances. Ms. Moore stated that public education and a Bylaw are more effective than education alone. City staff has been directed to prepare a Bylaw so that it can be implemented no later than January 1, 2009.
5) Regional Woodstove Exchange Program Approved
The Regional District of East Kootenay in partnership with Wildsight is applying to the Ministry of Environment for a regional level woodstove exchange program and asked for an indication of the City of Fernie’s interest in participating in the program. Council endorsed participation in the program which is proposed to run between September, 2008 and August, 2009.
If the program proceeds, a $100 cash incentive from the City of Fernie for each stove exchanged would be added to the Ministry’s $250 incentive. Council would also defray the $40 solid fuel burning appliance inspection fee for up to 20 stoves for a maximum commitment of $2800. By replacing old, uncertified stoves with alternate fuel heat sources or new, EPA certified wood burning appliances, appliances can be up to one-third more efficient and emissions can be reduced by up to 70%. The exchange of woodstoves is expected to improve air quality, human health and reduce the emission of greenhouse gases in Fernie.
6) New Bylaw Officer Appointed
Mr. Ryan Borjemsky was appointed by Council resolution as the City of Fernie Bylaw Enforcement Officer. In order to be able to enforce bylaws via municipal ticket informations and perform other bylaw enforcement activities, Council appointed Mr. Borjemsky pursuant to the Police Act which enables a Bylaw Enforcement Officer to enforce certain Provincial Statutes as well as local bylaws. He is experienced in providing Bylaw Services and is very excited to join the City of Fernie, effective July 16, 2008.
7) TransRockies Private Event Supported
The Fernie TransRockies Society (multi-day mountain bike race) has applied to the Liquor Control and Licensing Branch (LCLB) for a Private Special Occasion Licence to hold a post-race private event on August 16, 2008 on private land. LCLB regulations only permit alcohol to be served until 10:00 p.m. for a special occasion unless the applicant submits an Application for Special Occasion Licence Policy Exemption to extend the hours for the event. In this case, the applicant wishes to serve liquor until 1:00 a.m. on the evening of their planned event but in order to do so, it must have support from the local government. Council unanimously added its support for the event to that already provided by the Elk Valley RCMP.
8) New Election Bylaw Proceeding
Council gave first, second and third reading to a proposed new Election Procedures and Regulation Bylaw. The main changes in the new Bylaw are that it will allow all electors to participate in advance voting, it eliminates use of the provincial voter’s list by requiring voting day registration only, and it will provide the opportunity for snowbirds and other electors who will be absent or who may have difficulty getting to a voting place, the opportunity to vote by mail ballot.
Voting day registration only requires everyone who wishes to vote to produce two pieces of identification even if they are well known by election officials, whereas identification was not required when using the provincial voters list. The requirement to produce two pieces of identification and what type of identification will be accepted, will be well advertised in advance of the election.
Some of the changes to the Bylaw are being made as a result of recent changes made by the provincial government to the Local Government Act which broaden the opportunities for electors to vote in local government elections. Local government elections are held every three years. The next local government election will occur on Saturday, November 15, 2008.
9) New Windrow Assistance Policy
City staff has been directed to draft a policy for Council’s review regarding windrow clearing service provision criteria that would allow all seniors to receive the service in addition to people with disabilities who request and require the service. Councillors Giuliano, Burke and Young will work with the Director of Operations on developing this policy.
10) Purchase of BC Hydro Building Finalized
The conditions precedent to the City purchasing the downtown hydro building have been fulfilled or waived and the agreement is now final. The Heritage Hydro building on Victoria Avenue is slated to provide a permanent home for the museum and a downtown visitor information centre, to be operated by the Fernie and District Historical Society.
The second floor of the building is expected to be rented at market value to a commercial tenant, the proceeds from which would help with operating costs of the building. The City will take possession of the building on September 15th.