May 14, 2018 - Minutes

Place:

Council Chambers
Richmond City Hall

Present:

Mayor Malcolm D. Brodie
Councillor Chak Au
Councillor Derek Dang
Councillor Carol Day
Councillor Ken Johnston
Councillor Alexa Loo
Councillor Bill McNulty
Councillor Linda McPhail
Councillor Harold Steves

Corporate Officer – David Weber

Call to Order:

Mayor Brodie called the meeting to order at 7:00 p.m.

RES NO.

ITEM

MINUTES

R18/9-1

1.

It was moved and seconded

That the minutes of the Regular Council meeting held on April 23, 2018, be adopted as circulated.

CARRIED

AGENDA ADDITIONS & DELETION

R18/9-2

It was moved and seconded

That the Agenda be varied to consider Bylaws for Adoption prior to Committee of the Whole.

CARRIED

BYLAWS FOR ADOPTION

R18/9-3

It was moved and seconded

That the following bylaws be adopted:

Annual Property Tax Rates (2018) Bylaw No. 9835

Development Cost Charges Imposition Bylaw No. 9499, Amendment Bylaw No. 9844

Richmond Zoning Bylaw No. 8500, Amendment Bylaw No. 9698

CARRIED

COMMITTEE OF THE WHOLE

R18/9-4

2.

It was moved and seconded

That Council resolve into Committee of the Whole to hear delegations on agenda items (7:02 p.m.).

CARRIED

3.

Delegations from the floor on Agenda items

Item No. 20 – Response to Referral: Additional Dwellings for Farm Workers and Direction on Limiting Residential Development in the AG1 Zone for Properties that are 0.2 Ha (0.5 Acres) or Larger

Brad Dore, 9051 Blundell Road, presented examples of agricultural lots in Richmond and spoke on the proposed regulations.  He was of the opinion that the size of the farm home plate does not affect the active farming area; however he expressed concern that proposed setbacks may negatively impact the on-site circulation.

John Baines, 11620 No. 4 Road, spoke in favour of endorsing Provincial guidelines for residential dwellings on agricultural land, and expressed concern that allowing large homes on farmland may encourage real estate speculation and therefore negatively affect farming activity.

Doug Kavanagh, Richmond resident, wished to see current regulations maintained and expressed concern with regard to misinformation in the community.  Also, he was of the opinion that enforcement of current bylaws is required to address any illegal activities that may take place on agricultural land.

Michelle Li, Richmond resident, spoke on the proposed regulations and expressed concern with regard to the different regulations that apply to dwellings on residential and agricultural zones.  Also, she commented on the liveability of a modest sized home and the potential loss of farmland if the farm home plate were to be expanded.

Niti Sharma, 11380 Kingfisher Drive, expressed concern with regard to the potential real estate speculation and loss of agricultural land stemming from the development of large dwellings on agricultural land.  Also, she expressed that the development of modest sized homes should be encouraged and that any proposed secondary dwelling on agricultural land be considered through the rezoning process.

Marie Murtagh, 4771 Dumont Street, spoke against the development of large dwellings on agricultural land and expressed concern about the potential real estate speculation and loss of agricultural land.

Michael Isinger, 8711 Fairfax Crescent, spoke in favour of endorsing Provincial regulations for residential dwellings on agricultural land and expressed concern on the potential loss of agricultural land.

With the aid of a translator, Amy Sang, 16200 Westminster Highway, expressed support for retaining the current regulations. She noted that a large dwelling is required on her property to accommodate extended family and farm workers.

With the aid of a PowerPoint presentation (copy on file, City Clerk’s Office), Judie Schneider, Richmond resident, spoke in favour of endorsing Provincial guidelines for residential dwellings on agricultural land, noting that property owners have the option to seek a variance if a larger dwelling is needed.  Also, she expressed concern with regard to potential increased real estate speculation, particularly as it relates to the loss of agricultural land.

With the aid of a translator, Huaijun Chen, Richmond resident, spoke in favour of retaining current regulations and promoting farmers’ interests and agricultural activities.

Jack Travato, 6331 Constable Drive, expressed concern with regard to the potential real estate speculation of agricultural land and in particular as it relates to food security.  Also, he commented on the City’s consultation process and encouraged that agricultural land be protected.

John Roston, 12262 Ewen Avenue, commented on farming opportunities for young farmers and the short-term nature of some farm leases.  Also, he spoke in favour of limiting large dwellings on agricultural land, adding that property owners have the option to seek a variance if a larger dwelling is needed.

Glen Anderson, 10071 Dyke Road, commented on farm leases and supporting farming activities in the city.  He expressed concern with regard to the potential real estate speculation and loss of agricultural land stemming from the development of large dwellings on agricultural land.

Peter Dhillon, Richmond resident, spoke in favour of retaining the current regulations and commented on investing in farming technology to improve farming capacity and efficiency.

Laura Gillanders, Richmond resident, commented on small scale farming and expressed concern with regard to the potential real estate speculation and the loss of agricultural land stemming from the development of large dwellings on such lands.

Jim Wright, 8300 Osgood Drive, expressed concern with regard to real estate speculation of agricultural land.  He spoke in favour of limiting the size of dwellings on agricultural land, adding that property owners have the option to seek a variance if a larger dwelling is needed.

Allan McBurney, 7171 Bridge Street, commented on the assessment of agricultural land and expressed support to retain existing regulations.  He was of the opinion that further limitations on the size of dwellings on agricultural land could negatively affect the economic viability of farms.

Natasha Maraski, 8460 Granville Avenue, expressed concern with regard to the potential real estate speculation of agricultural land and illegal activity that may take place on such lands.  She commented on small farm operations and taxation of agricultural land.  Also, Ms. Maraski was of the opinion that foreign ownership of land contributes to speculative real estate activity.

Laura Stapleton, 3851 Blundell Road, spoke against permitting large dwellings on agricultural land and expressed concern with regard to the potential real estate speculation of such lands.

Paulo Leung, 9211 No. 3 Road, spoke in favour of retaining existing regulations and was of the opinion that reducing the allowable size of dwellings on agricultural land may not curb speculative real estate activity.

Michael Wolfe, 9731 Odlin Road, commented on food security and expressed support for measures that (i) encourage development of modest sized homes on agricultural land, (ii) include the septic field within the farm home plate, and (iii) implement a rezoning process for secondary dwellings.

Item No. 19 - Cannabis Bylaw Framework and Regulation of Agricultural Structures, and Item No. 20 – Response to Referral: Additional Dwellings for Farm Workers and Direction on Limiting Residential Development in the AG1 Zone for Properties that are 0.2 Ha (0.5 Acres) or Larger

Todd May, representing the Agricultural Advisory Committee (AAC) and the Richmond Farmers’ Institute, expressed concern with regard to the proposed regulations on the size of agricultural structures and the City’s lack of consultation with the AAC on the matter.  He noted that restrictions to accessory buildings such as barns may negatively impact the viability of farms.  Mr. May then expressed support to retain existing regulations on the size of dwellings on agricultural land and was of the opinion that other factors such as infrastructure and accessibility can affect a farm’s viability.

Item No. 20 – Response to Referral: Additional Dwellings for Farm Workers and Direction on Limiting Residential Development in the AG1 Zone for Properties that are 0.2 Ha (0.5 Acres) or Larger

Gary Berar, 9571 No. 6 Road, spoke in favour of retaining existing regulations and expressed concern on the circulation of misinformation in the community.  Also, he was of the opinion that real estate speculation occurs for all types of properties and that the proposed regulations may negatively affect a farm’s economic viability.

Dale Badh, 2831 Westminster Highway, commented on (i) support for farmers, (ii) property assessment values compared to market values of agricultural land, and (iii) the taxation of agricultural land.

Humraj Kallu spoke in favour of retaining existing regulations and was of the opinion that further limitations on the size of dwellings on agricultural land may create economic uncertainty for farmers.  Also, he commented on farming costs and noted that permitting a secondary dwelling on agricultural land benefits farm employees.

Ben Dhiman, 9360 Sidaway Road, commented on young farmers in the city and expressed support to retain the existing regulations.  He was of the opinion that further restrictions on the size of dwellings on agricultural land may negatively affect the economic viability of farms.  Also, he suggested that the City examine subdivision initiatives as reported in an article titled “Delta family finds creative housing solutions for two generations” from the May 4, 2018 edition of the Vancouver Sun (attached to and forming part of these minutes as Schedule 1).

Roland Hoegler, Richmond resident, commented on the history of the Agricultural Land Reserve and taxation of agricultural land.  He expressed concern with regard to the on-going consideration of issues related to dwelling size on agricultural land and spoke on market values of agricultural land.

Kelly Greene, Richmond resident, expressed concern with regard to food security and the potential real estate speculation of agricultural land stemming from the development of large dwellings on such lands.  Also, she commented on sustainable business models for farming, noting that property owners have the option to seek a variance if a larger dwelling is needed.

Eddie Tan, Richmond resident, commented on (i) the costs of farming, (ii) support for local farms, (iii) land values in the city, and (iv) local stores sourcing produce locally.

Peng Ding, 6331 Buswell Street, spoke on the rising costs of farming and expressed concern that further reduction of the maximum dwelling size on agricultural land may negatively impact a farm’s economic viability.

Tristan Tian, 4199 Magellan Place, commented on the costs of operating a farm, noting that larger dwellings and secondary dwellings may be required to accommodate extended family and farm employees.

Jeff Jiang, 3550 West 35^th Avenue, Vancouver, stated that a large dwelling may be required to accommodate extended family and farm employees.  He suggested that the City implement additional contribution requirements for farm developments that could be allocated for amenities and infrastructure in the city.

Doug Wright, 11540 No. 3 Road, spoke in favour of retaining current regulations and allowing home owners to determine the most suitable site for their septic field.  He added that permitting a secondary dwelling would allow extended family to reside on site and increase the viability of the farm. Also, he noted that the proposed restrictions on the size the accessory agricultural structures may negatively affect farm operations.

Laura Leah Shaw, 12331 No. 3 Road, spoke on the preservation of agricultural land and its importance for food security. Also, she commented on new farmers’ accessibility to agricultural land and suggested that the City implement requirements for longer-term farm leases.

Amar Singh, Richmond resident, expressed support for the farming community and encouraged the City to consider feedback from farmers. He added that he is in favour of retaining the current regulations and that a large dwelling on agricultural land accommodates extended family.

Jora Bhullar, 6660 Sidaway Road, expressed support for retaining the existing regulations, noting that more time is required to evaluate their effectiveness. He added that since the adoption of the current regulations, the average size of dwellings on agricultural land has decreased and that enforcement of current bylaws is required to address any illegal activities that may take place on agricultural land.

Dustin Innes, XXXX, expressed concern that the proposed regulations may affect housing affordability and encouraged the City to support farmers.

R18/9-5

4.

It was moved and seconded

That Committee rise and report (10:47 p.m.).

CARRIED

CONSENT AGENDA

R18/9-6

5.

It was moved and seconded

That Items No. 6 through No. 17 be adopted by general consent.

CARRIED

6.

COMMITTEE MINUTES

That the minutes of:

(1)

the Parks, Recreation and Cultural Services Committee meeting held on April 24, 2018;

(2)

the General Purposes Committee meetings held on April 23, 2018 and May 7, 2018;

(3)

the Finance Committee meeting held on May 7, 2018; and

(4)

the Planning Committee meeting held on May 8, 2018;

be received for information.

ADOPTED ON CONSENT

7.

Minoru Centre for Active Living Inaugural Artist-in-Residence Project
(File Ref. No. 11-7000-09-20-204) (REDMS No. 5764707; 5692126)

That the concept proposal for the Minoru Centre for Active Living inaugural artist-in-residence project by artist Sylvia Grace Borda, as presented in the report titled “Minoru Centre for Active Living Inaugural Artist-in-Residence Project,” dated April 4, 2018, from the Director, Arts, Culture and Heritage Services, be endorsed.

ADOPTED ON CONSENT

8.

Arts Update 2017
(File Ref. No. 11-7000-01) (REDMS No. 5791094)

(1)

That the staff report titled, “Arts Update 2017,” dated April 5, 2018, from the Director, Arts, Culture and Heritage Services, be received for information;

(2)

That the Arts Update 2017 be circulated to the Community Partners and Funders for their information;

(3)

That the staff report titled “Arts update 2017” be forwarded to the next Council/School Board Liaison Committee for information; and

(4)

That the Arts Update 2017 video be shown at the next Council meeting.

ADOPTED ON CONSENT

9.

Hosting the 2020 55+ BC Games
(File Ref. No. 11-7400-20-BCGA1) (REDMS No. 5802061 v. 10; 5807751)

(1)

That Richmond Sports Council’s bid to host the 2020 55+ BC Games be endorsed;

(2)

That $60,000 from the Council Community Initiatives Account and a minimum of $55,000 of in-kind services be committed to host the 2020 55+ BC Games should Richmond be awarded the event as detailed in the staff report, “Hosting the 2020 55+ BC Games,” dated April 13, 2018 from the General Manager, Community Services; and

(3)

That the Five Year Financial Plan (2018-2022) be amended accordingly.

ADOPTED ON CONSENT

10.

Draft Community Wellness Strategy 2018–2023 
(File Ref. No. 01-0370-20-002) (REDMS No. 5784755 v. 9; 5792997 v. 2)

(1)

That the Draft Community Wellness Strategy 2018-2023, included as Attachment 1 of the staff report titled “Draft Community Wellness Strategy 2018-2023,” dated April 5, 2018, from the General Manager, Community Services, be adopted for the purpose of seeking stakeholder and public validation of the strategy; and

(2)

That the Final Community Wellness Strategy 2018-2023, including the results of the stakeholder and public validation, be reported back to the Parks, Recreation and Cultural Services Committee.

ADOPTED ON CONSENT

11.

HousEkeeping Amendments for Traffic Bylaw No. 5870; Parking (Off Street) Regulation Bylaw No. 7403; Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122 and Consolidated Fees Bylaw No. 8636
(File Ref. No.12-8060-20-009786/9787/9827/9829) (REDMS No. 5743877 v. 3; 5717774; 5713129; 5713137; 5716063)

That the following bylaws be introduced and given first, second and third readings:

(1)

Traffic Bylaw No. 5870, Amendment Bylaw 9786;

(2)

Parking (Off-Street) Regulation Bylaw No. 7403, Amendment Bylaw No. 9787;

(3)

Consolidated Fees Bylaw No. 8636, Amendment Bylaw No. 9827; and

(4)

Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122, Amendment Bylaw No. 9829.

ADOPTED ON CONSENT

12.

2017 City Consolidated Financial Statements
(File Ref. No. 03-1200-02) (REDMS No. 5804460; 5827301; 5693593)

That the City’s audited consolidated financial statements for the year ended December 31, 2017 be approved.

ADOPTED ON CONSENT

13.

Housing Agreement Bylaw No. 9854 to Permit the City of Richmond to Secure Affordable Housing Units at 8511 Capstan Way and 3360 No. 3 Road (Concord Pacific) 
(File Ref. No. 12-8060-20-009854) (REDMS No. 5750265 v. 2; 5784969)

That Housing Agreement (8511 Capstan Way and 3360 No.3 Road) Bylaw No. 9854 be introduced and given first, second and third readings to permit the City to enter into a Housing Agreement substantially in the form attached hereto, in accordance with the requirements of section 483 of the Local Government Act, to secure the Affordable Housing Units required by the Rezoning Application RZ 17-769242.

ADOPTED ON CONSENT

14.

Application by the Richmond Hospital/Healthcare Auxiliary for a Heritage Alteration Permit at 3711 and 3731 Chatham Street 
(File Ref. No. HA18-818536) (REDMS No. 5816205)

That a Heritage Alteration Permit, which would permit the construction of a new concrete foundation for the protected heritage building at 3711 and 3731 Chatham Street, be issued.

ADOPTED ON CONSENT

15.

Application by Oris Developments (Hamilton) Corp. for Rezoning at 23200 Gilley Road (Parcel 1 Hamilton Village) from “Community Commercial (CC)” Zone to “Residential / Limited Commercial (ZMU35) – Neighbourhood Village Centre (Hamilton)” Zone 
(File Ref. No. 12-8060-20-009764; RZ 16-754305) (REDMS No. 5811449 v. 3; 5787888; 5788221)

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9764, to create the “Residential / Limited Commercial (ZMU35) – Neighbourhood Village Centre (Hamilton)” zone, and to rezone 23200 Gilley Road from “Community Commercial (CC)” to “Residential / Limited Commercial (ZMU35) – Neighbourhood Village Centre (Hamilton)”, be introduced and given first reading.

ADOPTED ON CONSENT

16.

Application by Bene Richmond Development Ltd. for Rezoning at 6560, 6600, 6640 and 6700 No. 3 Road from "Downtown Commercial (CDT1)" to "High Density Mixed Use (ZMU36) – Brighouse Village (City Centre)" 
(File Ref. No. 12-8060-20-009855; RZ 15-694855) (REDMS No. 5794819; 5801777; 5800979; 5788219)

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9855, to create the “High Density Mixed Use (ZMU36) – Brighouse Village (City Centre)” zone, and to rezone 6560, 6600, 6640 and 6700 No. 3 Road from “Downtown Commercial (CDT1)” to “High Density Mixed Use (ZMU36) – Brighouse Village (City Centre)”, be introduced and given first reading.

ADOPTED ON CONSENT

17.

Secondary Suites in Duplexes 
(File Ref. No. 12-8060-20-009865; 08-4100-01) (REDMS No. 5627478 v. 2; 5678222; 5807390; 5806977)

(1)

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9865, to allow secondary suites as a permitted use in standard two-unit dwelling (duplex) zones, be introduced and given first reading;

(2)

That Richmond Official Community Plan Bylaw 9000, Amendment Bylaw 9864, to allow secondary suites as a permitted use in arterial road duplexes, be introduced and given first reading;

(3)

That Richmond Official Community Plan Bylaw 9000, Amendment Bylaw 9864, having been considered in conjunction with:

(a)

the City’s Financial Plan and Capital Program; and

(b)

the Greater Vancouver Regional District Solid Waste and Liquid Waste Management Plans;

is hereby found to be consistent with the said programs and plans, in accordance with Section 477(3)(a) of the Local Government Act;

(4)

That Richmond Official Community Plan Bylaw 9000, Amendment Bylaw 9864, having been considered in accordance with Section 475 of the Local Government Act  and the City’s Official Community Plan Bylaw Preparation Consultation Policy 5043, is found not to require further consultation;

(5)

That upon submission of a Building Permit application for construction of a secondary suite in a two-unit dwelling (duplex), staff is authorized to discharge any restrictive covenants on title limiting the use of the property to a maximum of two dwelling units; and

(6)

That Council Policy 5042 “Rezoning Applications for Two-Family Housing Districts – Involving Existing Non-Conforming Two-family Dwellings” adopted March 29, 2005, be amended to remove the requirement for the registration of a legal agreement limiting the use of the property to a maximum of two dwelling units.

ADOPTED ON CONSENT

R18/9-7

It was moved and seconded

That the Council meeting of May 14, 2018 proceed past 11:00 p.m.

CARRIED

NON-CONSENT AGENDA ITEMS

PARKS, RECREATION AND CULTURAL SERVICES COMMITTEE –
Councillor Harold Steves, Chair

18.

Gilbert Road Greenway Public Art Concept 
(File Ref. No. 11-7000-09-20-225) (REDMS No. 5754558)

R18/9-8

It was moved and seconded

That the concept proposal and installation for the Gilbert Road Greenway public artwork “Wind Flowers” by the artist team Atelier Anonymous, as presented in the report titled “Gilbert Road Greenway Public Art Concept,” dated April 4, 2018, from the Director, Arts, Culture and Heritage Services, be endorsed.

The question on the motion was not called as discussion ensued with regard to the design and cost of the proposed artwork.

The question on the motion was then called and it was CARRIED with Cllrs. Au, Day and Steves opposed.

GENERAL PURPOSES COMMITTEE –
Mayor Malcolm D. Brodie, Chair

19.

Cannabis Bylaw Framework and Regulation of Agricultural Structures 
(File Ref. No. 08-4430-03-10; 12-8060-20-009861) (REDMS No. 5773205 v. 8; 5751212; 5772552; 5792017; 5757245)

R18/9-9

It was moved and seconded

(1)

To implement the City’s framework to regulate cannabis retailing, medical and non-medical (recreational) cannabis production, cannabis research and development and cannabis distribution in advance of the Federal legalization of cannabis:

(a)

That Official Community Plan (OCP) Bylaw 9000, Amendment Bylaw 9837, to revise and update the City’s land use regulations and strategic management of cannabis related activities city-wide in Section 3.6.5 to Schedule 1 of the OCP, be introduced and given first reading;

(b)

That Bylaw 9837, having been considered in conjunction with:

(i)

the City’s Financial Plan and Capital Program; and

(ii)

the Greater Vancouver Regional District Solid Waste and Liquid Waste and Management Plans;

is hereby found to be consistent with the said programs and plans, in accordance with Section 477(3)(a) of the Local Government Act;

(c)

That Bylaw 9837, having been considered in accordance with OCP Bylaw Preparation Consultation Policy 5043, is hereby found not to require further consultation;

(d)

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9838, proposing revisions to existing medical cannabis related regulations, new regulations for non-medical cannabis activities and other changes for cannabis related activities, be introduced and given first reading; and

(e)

That Consolidated Fees Bylaw 8636, Amendment Bylaw 9840, to add development application fees specific to cannabis related land use proposals, be introduced and given first reading;

(2)

That the costs and resources arising from the municipal response to the Federal legalization of cannabis contained in the report, dated April 18, 2018 from the Manager, Policy Planning and Manager, Community Bylaws and Licensing, be received for information and that staff be directed to pursue all Federal and Provincial cannabis related funding resources available and update Council as needed;

(3)

To protect the long-term viability of soil-based agriculture:

(a)

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9861, to regulate large agricultural buildings and greenhouses, be introduced and given first reading;

(b)

Whereas Section 463 of the Local Government Act allows the withholding of building permits that conflict with bylaws in preparation;

Whereas Council has granted first reading to a bylaw to preserve high-quality agricultural soils, through the regulation of construction methods for agricultural buildings and greenhouses;

Therefore be it resolved that staff bring all building permit applications for agricultural buildings and greenhouses in the Agriculture (AG1) zone, received more than 7 days after the date of first reading, forward to Council to determine whether such applications are in conflict with the proposed bylaw to preserve high-quality agricultural soils, through the regulation of construction methods for agricultural buildings and greenhouses; and

(c)

That a letter be sent to the Premier of BC, the BC Minister of Agriculture, and the BC Minister of Finance, with copies to all Richmond Members of the Legislative Assembly, the Leader of the Third Party, the Leader of the Official Opposition, and the Chair of the BC Agricultural Land Commission requesting that the province impose a temporary moratorium on the use of lands in the Agricultural Land Reserve for cannabis production;

(4)

That a letter be sent to the Federal Minister of Health, Premier, Solicitor General, BC Minister of Health, BC Minister of Agriculture, and  BC Minister of Finance, with copies to local Members of Parliament, Leaders of the Opposition Parties,  Leader of the 3rd Party, and local MLAs, urging the need to define cannabis related revenues for the City; and

(5)

That the staff report be forwarded to the Agricultural Advisory Committee for their input prior to the June Public Hearing.

The question on the motion was not called as discussion ensued with regard to (i) the City’s regulations that limit the retail sale and production of cannabis, (ii) the potential conversion of greenhouses for cannabis production, (iii) consultation with the Agricultural Advisory Committee (AAC) and other stakeholders regarding the use of accessory buildings on farmland, (iv) the proposed restrictions on accessory building size that may negatively impact a farm’s economic viability, and (v) the timely introduction of regulations in order to respond to senior levels of governments’ legislation on cannabis.

As a result of the discussion, staff were directed to consult with the AAC, other stakeholders and experts in the field of construction on the proposed agricultural building regulations.

In reply to queries from Committee, staff noted that should the proposed regulations proceed to first reading, staff would consult with the AAC and review the proposed regulations prior to their consideration at the Public Hearing scheduled for June 18, 2018.

As a result of the discussion, the following referral motion was introduced:

R18/9-10

It was moved and seconded

That Part (3) which reads as follows:

“(3)

To protect the long-term viability of soil-based agriculture:

(a)

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9861, to regulate large agricultural buildings and greenhouses, be introduced and given first reading;

(b)

Whereas Section 463 of the Local Government Act allows the withholding of building permits that conflict with bylaws in preparation;

Whereas Council has granted first reading to a bylaw to preserve high-quality agricultural soils, through the regulation of construction methods for agricultural buildings and greenhouses;

Therefore be it resolved that staff bring all building permit applications for agricultural buildings and greenhouses in the Agriculture (AG1) zone, received more than 7 days after the date of first reading, forward to Council to determine whether such applications are in conflict with the proposed bylaw to preserve high-quality agricultural soils, through the regulation of construction methods for agricultural buildings and greenhouses; and

(c)

That a letter be sent to the Premier of BC, the BC Minister of Agriculture, and the BC Minister of Finance, with copies to all Richmond Members of the Legislative Assembly, the Leader of the Third Party, the Leader of the Official Opposition, and the Chair of the BC Agricultural Land Commission requesting that the province impose a temporary moratorium on the use of lands in the Agricultural Land Reserve for cannabis production;”

`

be referred to staff to report back prior to the Public Hearing scheduled for June 18, 2018.

CARRIED
Opposed: Cllr. Day

The question on the main motion, which now reads:

(1)

To implement the City’s framework to regulate cannabis retailing, medical and non-medical (recreational) cannabis production, cannabis research and development and cannabis distribution in advance of the Federal legalization of cannabis:

(a)

That Official Community Plan (OCP) Bylaw 9000, Amendment Bylaw 9837, to revise and update the City’s land use regulations and strategic management of cannabis related activities city-wide in Section 3.6.5 to Schedule 1 of the OCP, be introduced and given first reading;

(b)

That Bylaw 9837, having been considered in conjunction with:

(iii)

the City’s Financial Plan and Capital Program; and

(iv)

the Greater Vancouver Regional District Solid Waste and Liquid Waste and Management Plans;

is hereby found to be consistent with the said programs and plans, in accordance with Section 477(3)(a) of the Local Government Act;

(c)

That Bylaw 9837, having been considered in accordance with OCP Bylaw Preparation Consultation Policy 5043, is hereby found not to require further consultation;

(d)

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9838, proposing revisions to existing medical cannabis related regulations, new regulations for non-medical cannabis activities and other changes for cannabis related activities, be introduced and given first reading; and

(e)

That Consolidated Fees Bylaw 8636, Amendment Bylaw 9840, to add development application fees specific to cannabis related land use proposals, be introduced and given first reading;

(2)

That the costs and resources arising from the municipal response to the Federal legalization of cannabis contained in the report, dated April 18, 2018 from the Manager, Policy Planning and Manager, Community Bylaws and Licensing, be received for information and that staff be directed to pursue all Federal and Provincial cannabis related funding resources available and update Council as needed;

(3)

[Referred back]

(4)

That a letter be sent to the Federal Minister of Health, Premier, Solicitor General, BC Minister of Health, BC Minister of Agriculture, and  BC Minister of Finance, with copies to local Members of Parliament, Leaders of the Opposition Parties,  Leader of the 3rd Party, and local MLAs, urging the need to define cannabis related revenues for the City; and

(5)

That the staff report be forwarded to the Agricultural Advisory Committee for their input prior to the June Public Hearing.

was then called and it was CARRIED.

20.

Response to Referral: Additional Dwellings for Farm Workers and Direction on Limiting Residential Development in the AG1 Zone for Properties that are 0.2 ha (0.5 acres) or Larger 
(File Ref. No. 08-4057-10; 084430-03-07; 12-8060-20-009848/9869/9870) (REDMS No. 5801334 v. 5; 5839434; 5840192; 5839803; 5838497; 5818289; 5818337; 5766488; 5770355; 5762445)

Materials regarding home size on agricultural land were distributed (attached to and forming part of these minutes as Schedule 2).

R18/9-11

It was moved and seconded

(1)

That the staff report titled “Response to Referral: Additional Dwellings for Farm Workers and Direction on Limiting Residential Development in the AG1 Zone for Properties that are 0.2 ha (0.5 acres) or Larger” dated May 2, 2018 from the Manager, Policy Planning, and the staff report titled “Agriculturally Zoned Land: Summary of Public Consultation on Limiting Residential Development in the AG1 Zone for Properties that are 0.2 ha (0.5 acres) or Larger” dated March 13, 2018 from the Manager of Policy Planning (Attachment 6) be received for information;

(2)

That staff be directed to prepare a bylaw for the May 14, 2018 Regular Council Meeting based on Option 5A for revising the limits to residential development in the Agriculture (AG1) zone, with septic field outside the farm home plate in the report “Agriculturally Zoned Land: Summary of Public Consultation on Limiting Residential Development in the AG1 Zone for Properties that are 0.2 ha (0.5 acres) or Larger” dated March 13, 2018 from the Manager, Policy Planning;

(3)

That Official Community Plan Bylaw 9000, Amendment 9869, to amend the 2041 Official Community Plan policy to require an application for more than one (1) additional dwelling unit on agriculturally zoned land to go through a rezoning process, be introduced and given first reading; and that Richmond Zoning Bylaw 8500, Amendment Bylaw 9870, to allow one (1) additional dwelling in the Agriculture (AG1) zone with septic field outside the additional farm home plate, be introduced and given first reading;

(4)

That a letter be sent to the Premier of BC, the BC Minister of Agriculture, and the BC Minister of Finance, with copies to all Richmond Members of the Legislative Assembly, the Leader of the Third Party, the Leader of the Official Opposition, and the Chair of the BC Agricultural Land Commission requesting that the Province review their policies on foreign ownership, taxation, providing greater financial incentives for farmers, and strengthening the Agricultural Land Commission’s enforcement actions for non-farm uses;

(5)

Whereas Section 463 of the Local Government Act allows the withholding of building permits that conflict with bylaws in preparation; and

Whereas Council has directed staff to further review options on reducing house size and farm home plate area, determining septic field location in relation to the farm home plate, and establishing a house footprint regulation for all lots in the AG1 Zone on lots larger than 0.2 ha (0.5 acres):

Therefore be it resolved that staff bring forward all building permit applications for residential development in the Agriculture (AG1) zone on properties 0.2 ha (0.5 acres) or larger, received more than 7 days after the passage of this resolution, to determine whether such applications are in conflict with the proposed bylaw to limit house size, farm home plate area, septic field location in relation to the farm home plate, and house footprint for properties zoned AG1 that are 0.2 ha (0.5 acres) or larger; and

(6)

That the staff report and above recommendations be forwarded to the Agricultural Advisory Committee for their input prior to the June Public Hearing.

The question on the motion was not called as discussion ensued with regard to (i) the current regulations related to dwellings on agricultural land, (ii) the use of a secondary dwelling in generational farms, (iii) a review of farm dwelling size regulations in other municipalities, (iv) the incorporation of Provincial guidelines on dwellings on agricultural land into the proposed regulations, (v) food security and the preservation of agricultural land, and (vi) the effect of the current regulations on the average size of dwellings on agricultural land.

There was agreement to consider Parts (1), (2), (3), (4), (5), and (6) separately.

The question on Part (2) of Resolution R18/9-11 was then called and it was DEFEATED.

The following motion was then introduced:

R18/9-12

It was moved and seconded

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9848, including appropriate amendments, be introduced and given first reading, in order to revise the limits to residential development in the Agriculture (AG1) zone, with septic field outside the farm home plate in accordance with Option (1) in the report “Agriculturally Zoned Land: Summary of Public Consultation on Limiting Residential Development in the AG1 Zone for Properties that are 0.2 ha (0.5 acres) or Larger” dated March 13, 2018 from the Manager, Policy Planning, which limits house size to 500m² and a 60% maximum house foot print in accordance with Ministry of Agriculture guidelines.

The question on the motion was not called as discussion ensued with regard to potential measures that may curb real estate speculation on farmland and instead encourage farming.

The question on Resolution R18/9-12 was then called and it was DEFEATED with Cllrs. Au, Dang, Johnston, Loo, McPhail and McNulty opposed.

The question on Part (1) of Resolution R18/9-11 was then called and it was CARRIED.

Discussion then ensued with regard to adjusting the proposed regulations to include non-contiguous provisions for secondary dwellings on farmland.

As a result, the following amendment motion to Part (3) was introduced:

R18/9-13

It was moved and seconded

That Official Community Plan Bylaw 9000, Amendment 9869, to amend the 2041 Official Community Plan policy to require an application for more than one (1) additional non-contiguous dwelling unit with a home plate which is not contiguous to the main dwelling home plate on agriculturally zoned land to go through a rezoning process, be introduced and given first reading; and that Richmond Zoning Bylaw 8500, Amendment Bylaw 9870, to allow one (1) additional dwelling in the Agriculture (AG1) zone with septic field outside the additional farm home plate, be introduced and given first reading.

CARRIED
Opposed: Mayor Brodie
Cllrs. Day
Steves

The question on Part (3) of Resolution R18/9-11, as amended, was then called and it was CARRIED with Mayor Brodie and Cllrs. Day and Steves opposed.

R18/9-14

It was moved and seconded

That Part (4) be amended to request that the Province review their policies on house size.

CARRIED

The question on Part (4) of Resolution R18/9-11, as amended, which now reads:

(4)

That a letter be sent to the Premier of BC, the BC Minister of Agriculture, and the BC Minister of Finance, with copies to all Richmond Members of the Legislative Assembly, the Leader of the Third Party, the Leader of the Official Opposition, and the Chair of the BC Agricultural Land Commission requesting that the Province review their policies on house size, foreign ownership, taxation, providing greater financial incentives for farmers, and strengthening the Agricultural Land Commission’s enforcement actions for non-farm uses;

was then called and it was CARRIED.

Mayor Brodie noted that since the motion to consider Part (2) of Resolution R18/9-11 was DEFEATED, consideration of Part (5) of Resolution R18/9-11 was no longer required.

The question on Part (6) of Resolution R18/9-11 was then called and it was CARRIED.

COMMUNITY SERVICES DIVISION

21.

Garden City Lands Project Tipping Fees Revenues – Update 
(File Ref. No. 06-2345-20-GCIT1) (REDMS No. 5781999 v. 7; 5348746; 5569401; 5790429; 5753254; 5348746; 5754728; 5787328; 5784805; 5474546; 5784808; 5784034; 5558017; 5554086; 5550066; 5595695; 5599772; 5695380; 5695383; )

R18/9-15

It was moved and seconded

(1)

That the Chief Administrative Officer and General Manager, Community Services be authorized to enter into soil deposit agreements with private contractors for placement of soil required for the development and completion of the area currently licensed to Kwantlen Polytechnic University on the Garden City Lands (the “Lands”) as detailed in the staff report  titled “Garden City Lands Project Importation Fees Revenues - Update,” dated April 20, 2018 from the General Manager, Community Services and provided the following:

(a)

That the protocols and quality control measures developed by the City and approved by the Agricultural Land Commission be implemented including testing at the source site, placement of top soil over subsoil and screening before placement on the lands to ensure that only the highest quality, uncontaminated material suitable for soil-based agricultural production be placed on the Lands;

(b)

That the soil is sourced, to the greatest extent possible, from Richmond, Delta and Surrey; and:

(c)

That importation fees charged to suppliers closely reflect current market values and are regularly updated;

(2)

That all net revenues generated through tipping fees on the Lands be reinvested into the Lands for future project costs that are not eligible for Development Cost Charge funding, as detailed in the staff report titled “Garden City Lands Project Importation Fees Revenues - Update,” dated April 20, 2018 from the General Manager, Community Services; and

(3)

That staff work with Kwantlen Polytechnic University and others to explore alternate farming methods such as paludiculture and windrows for future farming on the Garden City Lands.

The question on the motion was not called as discussion ensued with regard to alternative systems of planting such as those that utilize top soil or less fill.

Images depicting alternative farming methods were distributed (attached to and forming part of these minutes as Schedule 3).

In reply to queries from Council, staff noted that the exploration of alternate farming methods does not affect the overall Garden City Lands Master Plan.

The question on the motion was then called and it was CARRIED.

PUBLIC ANNOUNCEMENTS

Mayor Brodie announced that the name “Lynas Lane” has been selected for the extension of the north-south road connecting Granville Avenue to Lynnwood Drive and the name “Lynnwood Drive” has been selected for the new road extensions that will connect the existing sections of Lynnwood Drive.

Mayor Brodie noted a Special Council meeting has been scheduled on Thursday, May 17, 2018 at 7:00 p.m. on the proposed modular supportive housing project at 7300 Elmbridge Way.

BYLAWS FOR ADOPTION

Please see Page 2 for action on this matter.

DEVELOPMENT PERMIT PANEL

R18/9-16

22.

It was moved and seconded

(1)

That the minutes of the Development Permit Panel meeting held on April 25, 2018, and the Chair’s report for the Development Permit Panel meetings held on January 17, 2018 and January 31, 2018, be received for information; and

(2)

That the recommendation of the Panel to authorize the issuance of a Development Permit (DP 17-774155) for the property at 11991 Steveston Highway be endorsed, and the Permit so issued.

CARRIED

ADJOURNMENT

R18/

It was moved and seconded

That the meeting adjourn (12:26 a.m.).

CARRIED

Certified a true and correct copy of the Minutes of the Regular meeting of the Council of the City of Richmond held on Monday, May 14, 2018.

_________________________________

_________________________________

Mayor (Malcolm D. Brodie)

Corporate Officer (David Weber)