| Public Hearing Minutes This event starts on Feb 28, 2011 and Runs through Feb 28, 2011 |
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Minutes of the Public Hearing held Monday, February 28th, 2011, at 7:05 p.m. at the District Office, 7192 Lantzville Road – 2nd Floor, Lantzville, BC PRESENT: Council: Mayor Haime Councillor B. Dempsey Councillor W. Griffey Councillor D. Haime Councillor R. Negrave Councillor D. Parkhurst Staff: Twyla Graff, Chief Administrative Officer Jedha Holmes, Deputy Director of Financial Services Donna Smith, Deputy Director of Corporate Administration Fred Spears, Director, Public Works Absent: Councillor J. Bratkowski Gallery: 65 OPENING REMARKS: Mayor Haime welcomed those present and stated that the purpose of tonight’s hearing was to hear representations from individuals regarding “District of Lantzville Zoning Bylaw No. 60, 2005, Amendment Bylaw No. 60.22, 2011” and is being held pursuant to sections 890, 891 and 892 of the Local Government Act. ADJOURNMENT: Mayor Haime stated that the capacity of the Council Chamber is 50 persons, therefore due to the number of attendees this evening the Public Hearing is adjourned to 7:00 p.m. on Monday, March 21st, 2011 at Costin Hall, 7232 Lantzville Road, Lantzville, BC. Members of the Public asked: · Can Council still receive submissions regarding the bylaw? Members of Council advised they could receive them up to the time of the Public Hearing on March 21st, 2011. · What is the capacity of Costin Hall? Members of Council advised approximately 300. · How many copies of submissions are required for Council? Members of Council advised that 1 submission was suffice as it would be copied and distributed to Council. The Public Hearing was adjourned at 7:07 p.m. and will reconvene at 7:00 p.m. on Monday, March 21st, 2011 at Costin Hall, 7232 Lantzville Road, Lantzville, BC. Minutes of the Reconvened Public Hearing held Monday, March 21st, 2011, at 7:05 p.m. at Costin Hall, 7232 Lantzville Road, Lantzville, BC PRESENT: Council: Mayor Haime Councillor J. Bratkowski Councillor B. Dempsey Councillor W. Griffey Councillor D. Haime Councillor D. Parkhurst Staff: Twyla Graff, Chief Administrative Officer Donna Smith, Deputy Director of Corporate Administration Fred Spears, Director, Public Works Absent: Councillor R. Negrave Gallery: 150 OPENING REMARKS: Mayor Haime welcomed those present and stated that the purpose of tonight’s hearing was to hear representations from individuals regarding “District of Lantzville Zoning Bylaw No. 60, 2005, Amendment Bylaw No. 60.22, 2011” and is being held pursuant to sections 890, 891 and 892 of the Local Government Act. This Hearing is reconvened from the Hearing adjourned on February 28th, 2011. He outlined the conduct of the Hearing and that everyone in attendance should be treated with dignity and respect. Mayor Haime advised that Amendment Bylaw No. 60.22, 2011 was given first and second readings by Council on February 14. Notifications, pursuant to the Local Government Act were by newspaper in two consecutive editions of the News Bulletin on Tuesday, February 22 and Thursday, February 24. As this amendment deals with all properties within the District of Lantzville and not one specific property, the newspaper notifications were sufficient to meet the requirements under the Act. Additionally, since the original Public Hearing scheduled for February 28 was adjourned and publicly announced that it would reconvene on this date and time, as well as the change in location there was not a requirement to re-advertise, although the amended notice was placed on the District’s website and Bulletin Board. Mayor Haime stated that Council is considering amending “District of Lantzville Zoning Bylaw No. 60, 2005” and, if adopted, would amend the “District of Lantzville Zoning Bylaw No. 60, 2005” as follows: Schedule 'A' of "District of Lantzville Zoning Bylaw No. 60, 2005", is hereby amended as follows: 1. PART 2 INTERPRETATION Section 2.1 Definitions is hereby amended by adding a new definition for ‘temporary use permit’ immediately following the definition for ‘swine’ as follows: temporary use permit means a permit issued to allow a use not permitted in a zone; this permit may specify conditions under which the temporary use may be carried out and may allow the construction of buildings or structures for which the permit is issued. 2. PART 3 LAND USE REGULATIONS, Section 3.3 General Regulations is hereby amended by adding point No. 12 entitled Temporary Use Permits immediately following point No. 11 ‘Home Based Business’ as follows: 12. Temporary Use Permits 1. Temporary Use Permits may be considered in any zone. 2. The conditions under which the temporary use may be carried out may be specified as part of the issuance of the Permit. 3. Buildings or structures relating to the Temporary Use Permit may be constructed. Mayor Haime opened the presentation portion of the Public Hearing regarding Temporary Use Permits (TUPs) by inviting anyone who had signed up on the speaker’s list to step forward and begin their presentation. Brian Blood, 7075 Caillet Road, Lantzville, stated that: · He is in favour of TUPs and encourages Council to proceed with the bylaw amendment since Council may, in the future, consider legalizing auxiliary suites and TUPs will assist people as they bring their suites into conformity with health and safety regulations. · He would be surprised if TUPs are used for agricultural issues more than once or twice. Glenda Allard Barr, 6860 Wayne Place, Lantzville, stated that: · She feels TUPs are an inappropriate way to deal with agriculture. · She had planned to speak to Council regarding urban agriculture in November however held off because she thought Council would begin a public process in January regarding the issue. · We should spend time changing our bylaws to deal with food security. · She belongs to the Friends of Urban Agriculture in Lantzville. · She hopes we can get on with dealing with urban agriculture and temporary use is not the way. · This is an opportunity for Lantzville to show the world the way to proceed on this issue. Marjorie Stewart, 7516C Lantzville Road, Lantzville, stated that: · There are emotions flaring on this issue and it is important to treat each other with respect and we need to find common ground. · She is not in favour of TUPs for urban agriculture because it is not a temporary issue. · She has lived in Lantzville for 40 years and loves it because it is not Fairwinds, the City of Nanaimo or the City of Parksville. · She loves that the Lantzville Market is open 363 days a year and encouraged people to shop there. A farmer’s market in Lantzville would not affect the Market. · Some actions of Council have been inadvertently divisive in the community as our bylaws are too punitive. There are other ways to deal with health and environment and the Province is the body to deal with those issues. · The Friends of Urban Agriculture in Lantzville believe in the rights and interests of neighbours. · Urban agriculture cannot be thrown into the same hopper as TUPs without knowing what regulations would be placed on the TUP. The $1,150 application fee is outrageous. · Change is inevitable, including urban agriculture. TUPs are not a good solution as we need a bylaw made in Lantzville. Hermine Hicks, 216 View Street, Nanaimo, stated that: · The issue of urban agriculture should not be lumped in with other items. · She has been gardening since she was 3 years old. · It is not easy or profitable to be an urban farmer. · The $1,150 application fee for a TUP is terrible. If TUPs go ahead in Lantzville, it will also happen in Nanaimo. · In Canada we do not have many resources and it would be wonderful to sell our own food. · In the 1980s, the ferry strike showed us that within a very short time we were out of food on the Island and we should encourage people to grow food. Adrian de Jong, 216 View Street, Nanaimo, stated that: · He does not believe in reinventing the wheel – lots of communities have already walked the line regarding urban agriculture. · The worst thing is a temporary use of anything. Anyone in business is in it for a lifetime. Growing a farm is a lifetime commitment not temporary. · Council should see what other communities have done regarding agriculture, legalizing suites, etc. Ursula Vaira, read a submission on behalf of Gordon May, 7727 Lantzville Road: · He is unable to attend the Public Hearing this evening. · He is in favour of using residential land for food production. · He is against charging Dirk Becker and Nicole Shaw for a TUP application fee as the dollar amount isn’t reflective of anyone trying to make a living in agriculture. Ursula Vaira, 7727 Lantzville Road, Lantzville, stated that: · She is not sure that TUPs are the way to go due to the application fee and their temporary nature. · We need to be proactive and feels that the community and Council can work together toward common goals. · Dirk and Nicole were voted the 20 most influential people in Nanaimo. · She would like Lantzville’s leaders to be the most progressive in BC. · Since the previous Public Hearing was adjourned we have seen food prices rise as well as issues regarding contaminated eggs. · Council needs to lead us into the future. Andrew Mostad, 7556 Lantzville Road, Lantzville, stated that: · He is in favour of the idea of TUPs to allow Council to deal with things they have not been able to do in the past. · TUPs are not a long-term solution for urban agriculture. · Council should spend time creating a new bylaw to allow urban agriculture. · He would have expected something more concrete by now as it has been over 4 months that this issue has been before Council. Jack Roberts, 7084 Caillet Road, Lantzville, stated that: · It is a difficult situation to balance bylaws and TUPs. · Lantzville is a semi-rural community and he would like to see us stay that way. · Our bylaws need to be made uniquely for Lantzville. We can look at what other places have done and craft it for us. · TUPs are a concern and can be an area open to interpretation and cause problems. · Council needs to take a close look and see what can be done as this is an opportunity for us to come up with something that will work. Stephen Fisher-Bradley, 2667 Fourth Avenue, Port Alberni, stated that: · He is representing the Women’s Food and Water Network who are working towards food and water security on Vancouver Island. · They are gravely concerned about urban agriculture and hope for a progressive and realistic result. · Every municipality should promote everyone growing as much food as they want to grow and the only thing we are worrying about is that money is changing hands. The money will stay in Lantzville. · A TUP is something that solves a problem and we need to talk about the problem to come to a solution. · The only concern regarding food production on any lot is if it gets to a big scale with lots of traffic and that could be dealt with when a bylaw is crafted. · Council needs to amend the Zoning Bylaw to permit urban agriculture. Albert Stewart, 7516C Lantzville Road, Lantzville, stated that: · He does not believe TUPs will provide a solution to the problem that most people in attendance this evening are concerned about. · At the November 22, 2010 Council meeting he requested that Council begin a review to improve the Zoning Bylaw and that an extension be given to Compassion Farms for their bylaw enforcement issue. He was pleased to hear that an extension was granted. · It has been 4 months since his request for a bylaw review. · We can use the expertise of other districts to create our own bylaw. · He hopes this issue can be settled prior to the municipal election. · Reading some of the e-mails regarding this issue, there has been disrespectful correspondence and he would like to see respectful discussions rather than controversy. · He requests Council to take steps to review the bylaw as TUPs are irrelevant to this issue. · This issue could be resolved in a few months. John St. John, 606 Doehle Avenue, Parksville, stated that: · He supports urban farming and growing food. · Politics should not interfere with our God-given right to grow. · This issue is to do with large corporations and not about urban farmers. Jennifer Millbank, 7937 Northwind Drive, Lantzville, stated that: · She is a Lantzville resident, a gardener, a lawyer and a member of Friends of Urban Agriculture in Lantzville. · She is against the TUP amendments. · Council is considering changing the Zoning Bylaw to create a general mechanism for uses on properties not permitted by zoning. This was brought about by Council to deal with urban farming. · To have an urban agriculture use on property not zoned for that would require a zoning change, the same process as with a TUP. Both would also require a public hearing. · Issuing a TUP for any use is a ‘yes’ or ‘no’ discretion. · A Zoning Bylaw amendment creates a right for citizens of the community. · Agriculture requires long-term commitment to land. We need to encourage growing food in our community. · This is an election year and Council has had this on their “to do” list since September when the original bylaw enforcement issue came about. · It is not complicated to do this bylaw change as a bylaw change would be simpler than the TUP process. · It is important to note that this is a presumption of a bylaw infraction. · Council is not the judge, jury and executioner of the use of property and this is evidence of a regulatory procedure out of control. · Council has no obligation to enforce alleged bylaw infractions. Most property owners are probably infracting bylaws in some way. · TUPs are a waste of time, this Public Hearing is a waste of time and we need an urban agriculture bylaw. Howie Thomas, 7581 Harby Road, Lantzville, stated that: · TUPs may be useful in some cases but not entwined with growing food and agriculture. · He just moved to Lantzville from Nanoose and purchased ALR land. · He doesn’t understand how people can afford to grow on agriculturally zoned land as it is very expensive and unattainable for most. · He is not a farmer but people in the community have offered to help him grow on his land. · The TUP application fee is expensive for urban farmers but may be okay for other uses. · If someone gets a TUP that permits structures, once the TUP expires do they then have to remove the structures? Dharma Sheherazade, 3018 Ross Road, Nanaimo, stated that: · She owns a small business that uses organic vegetables for sale and consumption. · If she does not have organic vegetables she doesn’t have a business. · It is extremely difficult to find organic vegetables on the Island and to get them from Australia means they would have no life left. · TUPs affect not only the business who gets the permit, but those businesses that depend on them. · Organic food is expensive and a TUP is expensive. People will not be able to afford either. Lloyd Erickson, 6671 Harwood Drive, Lantzville, stated that: · The purpose of this Public Hearing is to provide feedback to Council regarding amending the Zoning Bylaw to allow TUPs. · Lantzville’s OCP states in part in its Vision and Context section that “Lantzville will protect and strengthen the community’s rural character”. He submits that Council has failed to embrace the nature of Lantzville’s ‘rural character’ which applies not only to the land but also to the residents who live here. · It is our nature as ‘rural characters’ that we want less regulation. Instead of adding a new regulation and legal process why can’t the word ‘agriculture’ be removed from uses not allowed. · The issue of urban agriculture arose because of a complaint about a quantity of organic matter on the boulevard that needed to be removed. · The Zoning Bylaw should be amended to include a definition for the word ‘agriculture’ and how to define ‘home business’. · Council wants to add TUPs to the Zoning Bylaw as an interim measure to deal with a bylaw enforcement issue in order to conduct an extremely comprehensive process to examine the District’s existing policies and procedures for dealing with urban agriculture. · Would tinkering with the bylaw solve the actual issues raised in the original complaint? · The issue has become how Council deals with issues. There are many soft ways of Council officially dealing with bylaw issues such as grandfather clauses or determining the non-compliance is not significant or they can table indefinitely a motion to deal with it. Council could also choose to take a strong arm approach. · Is it in the best interest of the residents of Lantzville to go to court to determine whether a person can grow vegetables in their yard? If there is no complaint, there is no issue. Jim Beaman, 7122 Lantzville Road, Lantzville, stated that: · He has lived in Lantzville for 25 years. · He is not in favour of TUPs and does not understand why Council doesn’t amend the Zoning Bylaw to allow urban farming. Chad Henderson, 212 – 347 Seventh Street, Nanaimo, stated that: · He owns the Green Store in Nanaimo and when he and his partner were deciding on whether to sell produce in their store, they decided on local organic which is in short supply on the Island. · As a business person, a TUP does not do anything for him as it is at the whim of Council and doesn’t offer stability to businesses or farmers. · It is a waste of money to hold this Public Hearing with its associated costs. · TUPs are not the solution for farms and are at the power of the political system. · He is frustrated and upset because last year he was told that Council understood the concerns regarding urban farming and yet it has been many months and Council has not proceeded with amending the bylaw. · There is no organized group arranging people’s responses. · Council is struggling with this issue and they can learn from other communities what works and does not work. · BC is watching Lantzville to see what we do. · We need to move to the bylaw stage and deal with the issue. Lynn Burrows, 15 – 9 Buttertubs Drive, Nanaimo, stated that: · She has over 20 years farming experience and is a member of the Vancouver Island Economic Alliance VI Sustainability Strategy Committee. · She attended last month’s Public Hearing regarding TUPs and hopes that Council will amend Schedule A, Part 3 - Land Use Regulations in the Zoning Bylaw. · Council was concerned about toxic chemicals used by people and she stated that most residents growing food do not use toxic chemicals. · Regarding water use concerns, people on the Island are concerned as it pertains to conservation and security. There are methods to grow using less water than residents who water their lawns or fill their swimming pools. · Regarding increased traffic concerns, people who farm today are working hard to minimize driving. · She encourages Council to consider issues and concerns raised by residents and there are many residents who are able to provide assistance in drafting a bylaw. · She asked that Council consider changing Schedule A, Part 3 - Land Use Regulations in the Zoning Bylaw to permit urban farming. Michael Gelebracht, 3448 Salisbury Way, Victoria, stated that: · The best time to plant a tree is now. · TUPs don’t honour orchards. · He grew up in Lantzville and we need incentives to bring our families home to a lively community. · Our TUP on the planet will soon expire. Nicole Shaw, 7560 Fernmar Road, Lantzville, stated that: · TUPs are not appropriate for urban agriculture. · In the fall she asked Council to look at changes to the Zoning Bylaw to address urban farming and sent information to assist them in this regard. She has not heard much more from Council regarding this. · She requested the public input process begin and wants to see us get somewhere soon. Jack Anderson, 1653 Cedar Road, Nanaimo, stated that: · He is a sustainability planner and green planner and formerly worked for the Regional District of Nanaimo as a planner. · Bylaws are necessary for the health and safety of residents but we need to also look at other planning processes. · TUPs are inappropriate for farming due to their nature and cost. · We have food, water and compassion as basic human rights. · TUPs are not the answer – here it is a temporary solution to a perceived problem. · The owners of the property on Fernmar Road could be raising pigs and cows as permitted in the Zoning Bylaw. · Urban farming is a legal non-conforming issue, not a bylaw infraction. · The answer is not a TUP, it is the rewriting of the Zoning Bylaw. · We have the right to grow and share food in our communities. Dirk Becker, 7560 Fernmar Road, Lantzville, stated that: · He thanked everyone for following their hearts and minds this evening. All of us are intelligent and emotional beings. · Regarding TUPs, imagine you received a letter saying remove your piles of dirt and cease all agricultural activity. Their life has been turned upside down in the past 5 months. · He feels that common sense will prevail on this issue. · Imagine you can get a TUP with terms and conditions to get permission to do what you have already been doing, for example growing food for hundreds of people. They have spent 10 years getting the soil on their property to where it is and both he and Nicole each make only $10,000/year so it is not a profitable business. George Hill, 167 Salish Way, Nanaimo, stated that: · There is confusion regarding the right to have a backyard garden and how it compares to running a business. · A business is different than a garden for your own use. · Dirk Becker and Nicole Shaw use great methods to grow their food and building soil takes a long time. · He would like Council to allow them to run a business from their property. Carl Westby, 8038 Southwind Drive, Lantzville, stated that: · He is in favour of TUPs in some cases such as auxiliary suites but it is not a proper use for urban farming. · The Home Based Business regulations should be amended. · He has concerns about potential traffic problems and the uncertainty of where the manure for the soil is coming from. · He has been growing a garden for 32 years and hasn’t had any difficulty with Council so to allow one property to proceed, why do we have bylaws in the first place. They should apply for a rezoning. · There has been lots of press condemning Lantzville residents and he finds it offensive when people say that we are against urban gardening when most of us have our own gardens. Mark Wilson, 7241 Lantzville Road, Lantzville, stated that: · He is against TUPs since “temporary” gives a lack of commitment to both parties. · Who decides on the term of TUPs and what is the process to renew? · The cost of placing temporary buildings as required for use with a TUP would be large and, using a bakery as an example, would include more power and larger gas lines into buildings. · He suggests rewriting the current bylaws . · Temporary bylaws create few friends and many enemies. Miriam Hill, 167 Salish Way, Nanaimo, stated that: · She empathizes with Council in making this decision. · The average person thinks organic produce locally grown is just marginally better than non-organic food. There are numerous studies showing that there is a huge benefit to eating organic food. · We need to make it easy to invest in urban farming and a temporary use does not work. Suzana Michaelis, 212 – 347 Seventh Street, Nanaimo, stated that: · She loves farmers markets and TUPs will kill those markets. · We all want to be able to buy and sell from each other in our communities and communicate with each other rather than be regulation driven. · TUPs don’t tie with agriculture in any form as it is not a temporary thing, it is permanent. · TUPs don’t work for long-term sustainability and won’t foster emergency preparedness or allow people to eat more economically. Karen Moe, 1701 Powell Street, East Vancouver, stated that: · Her parents live in Lantzville. · The TUP process has brought enlightened ideas on local and global food production. · Where is the opposition to the growing of food in the community? · Perhaps some sort of referendum question should be put forward so that democracy can be served. Mayor Haime advised that all speakers listed on the speaker’s list had spoken and invited anyone else who wished to speak for the first time to step forward and begin their presentation. Dave Scott, 6898 Harwood Drive, Lantzville, stated that: · Urban agriculture should be a separate issue for the entire community to provide input. · He is in favour of TUPs as bylaws don’t always cover every eventuality. · TUPs go through a process just like rezonings and require a Public Hearing. · TUPs can apply to a multiple use of items. Inga, 3165 King Richard Drive, Nanaimo, stated that: · Comments regarding TUPs have been excellent. · People get ill and die without organic food and we shouldn’t cause the death of people. · We must grow our own food for ourselves and others. David Weston, 301 – 347 Seventh Street, Nanaimo, stated that: · He lives in a community housing complex and they grow their own food. · We live in a rapidly changing world and at the moment we have democracy. In a community in Brazil, the residents make decisions on the budget and the politicians go along with those decisions. George Foster, 7162 Lantzville Road, Lantzville, stated that: · How do other communities handle the issue of urban agriculture? · He can’t see anything wrong with someone running a business from their home. Andrew Roberts, 7035 Peterson Road, Lantzville, stated that: · You can’t spell “stupid” without “tup”. Sherry Berry, 7692 Vandenhoek Road, Lantzville, stated that: · She believes in democracy. · We need to look at amending the Zoning Bylaw, not TUPs. · The disaster in Japan could happen to us and we would need local farms to provide our food. · The City of Vancouver encourages community gardens and Lantzville should look at how others address this issue. Mayor Haime invited anyone who wished to speak for a second time to step forward and begin their presentation. Adrian de Jong, 216 View Street, Nanaimo, stated that: · A TUP written into the Zoning Bylaw empowers Council to choose something temporary or give power to create a temporary situation. · He has yet to find someone who wants to put up a temporary business. · If someone has the power to take away a TUP then what has he invested. · Agriculture should be a right. In Holland a farm was considered to be ¼ acre. · This issue was blown out of proportion because someone with 2 acres grew a farm. · They can’t live on a temporary basis, just like a business can’t and if we won’t build a community with a sustainable future it will lead to death. Hermine Hicks, 216 View Street, Nanaimo, stated that: · The City of Vancouver allows gardens to grow on boulevards and they don’t have TUPs. · We need to think about allowing everyone to grow whatever they want, wherever they want. John Halliwell, 7186 Lancrest Terrace, Lantzville, stated that: · It all comes down to the main issue – Council is trying to address a bylaw issue. · He has been growing food for years. The people on Fernmar Road are growing commercial food in a residential area. Maybe that should be done on farm land. · Regarding election comments made this evening, his records show many of the speakers were from outside Lantzville. Albert Stewart, 7516C Lantzville Road, Lantzville, stated that: · He would like to see agriculture regulated and allowed to make money. Mayor Haime asked if there were any more comments or submissions. Mayor Haime asked for a third and final time if there were any further comments or submissions on “District of Lantzville Zoning Bylaw No. 60, 2005, Amendment Bylaw No. 60.22, 2011”. Hearing none, the public hearing was declared closed at 9:04 p.m. Certified Correct: CAO/Director of Corporate Administration Confirmed this 28th day of March, 2011. Mayor |
| Event Name: Public Hearing Minutes | Event Category: Public Hearing |
Last Modified: Dec 9, 2009
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District of Lantzville
District of Lantzville
