NOTICE OF MEETING
ELECTORAL AREAS SERVICES COMMITTEE


Monday, May 14, 2018
Boardroom, 550B Comox Road, Courtenay, BC commencing at 9:00 am.

The in-camera portion of the meeting will begin at 9:00 am and the open meeting will resume at 10:00 am.

The purpose of this meeting is for committee members to consider the matters included on the agenda below. The chair of the committee will preside over the meeting according to the CVRD procedure bylaw. This meeting is not meant for general public input. If members of the public wish to speak at a meeting, they should contact the CVRD Legislative Services Department to request to appear as a delegation.

In the event of an emergency the public gathering place is the parking lot outside the boardroom.
 
 
AGENDA
 
    Section Who Votes How Vote Counted
   
A. IN-CAMERA:
Recommendation:
 
THAT the committee adjourn to an in-camera session pursuant to the following sub-sections of section 90 of the Community Charter:

90(1)(e) The acquisition, disposition or expropriation of land or improvements, if the committee/board considers that disclosure might reasonably be expected to harm the interests of the municipality;
90(1)(f) Law enforcement, if the committee/board considers that disclosure could reasonably be expected to harm the conduct of an investigation under or enforcement of an enactment; and,
90(1)(i) The receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
208All1 person/1 vote
 
B. RECOGNITION OF TRADITIONAL TERRITORIES:
C. DELEGATIONS:
1) FREEDOM MOBILE WIRELESS SITES
 
Erica Rigik, Freedom Mobile, and Chad Marlatt, Cypress Land Services for Freedom Mobile, to introduce proposed wireless sites within the Comox Valley, including an interest in using two CVRD water towers, and to seek support to progress with staff discussions and next steps. [Item
 
2) COMPOST TOILETS AND GREYWATER PRACTICE
 
Ed Hoeppner to present information regarding a proposal to establish a processing facility for stabilized residuals from composting toilets at the Hornby Island Recycling Depot and to request the allocation of funding to undertake a feasibility study for this purpose. [Item
 
D. MANAGEMENT REPORT:
Electoral Areas Services Committee management report dated May 2018 for receipt. [Item
208All1 person/1 vote
 
E. REPORTS:
1) OYSTER RIVER / SARATOGA BEACH FLOOD RISK ASSESSMENT
 
Report dated May 10, 2018 regarding the Oyster River/Saratoga Beach Flood Risk Assessment Report, a National Disaster Mitigation Program (NDMP) Stream 1 project; and approval to apply for Stream 2 funding through the Union of BC Municipalities - Community Emergency Preparedness Fund (CEPF) and/or the NDMP, for flood mapping of the Oyster River/Saratoga Beach project area for receipt. [Item
207All1 person/1 vote
 
Tamsin Lyle, Ebbwater Consulting, will present information regarding the Flood Risk Assessment of the Oyster River/Saratoga Beach.
 
Recommendation:
 
THAT the board approve an application to be made to the National Disaster Mitigation Program and/or the Union of BC Municipalities Community Emergency Preparedness Fund for Stream 2 funding for flood mapping of the Oyster River/Saratoga Beach project area.
207All1 person/1 vote
 
2) ADVISORY PLANNING COMMISSION MINUTES
 
Minutes of the Electoral Area A Advisory Planning Commission meeting held April 30, 2018 for receipt. [Item
208All1 person/1 vote
 
Meeting notes of the Electoral Area B Advisory Planning Commission meeting held May 3, 2018 (no quorum) for receipt. [Item
208All1 person/1 vote
 
Minutes of the Electoral Area C Advisory Planning Commission meeting held May 2, 2018 for receipt. [Item
208All1 person/1 vote
 
Minutes of the Agricultral Advisory Planning Commission meeting held May 3, 2018 for receipt. [Item
208All1 person/1 vote
 
3) ELECTORAL AREA B - DEVELOPMENT VARIANCE PERMIT DV 1B 18 - 1758 ASTRA ROAD (TOMLINSON / SNOW-TOMLINSON)
 
Report dated May 3, 2018 regarding Development Variance Permit Application DV 1B 18 to reduce a front yard setback from 4.5 metres to 3.0 metres for an accessory building at 1758 Astra Road (Tomlinson / Snow-Tomlinson) for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Correspondence regarding DV 1B 18 for 1758 Astra Road (Tomlinson / Snow-Tomlinson) for receipt:
208 and 213A, B, C1 person/1 vote
 
• Correspondence dated April 28, 2018 from Craig Bassett, 1770 Astra Road. [Item
 
• Correspondence dated April 29, 2018 from Dianne Alsop, 1810 Astra Road. [Item
 
• Correspondence dated April 30, 2018 from Floyd and Sarah Trotter, 1760 Astra Road. [Item
 
• Correspondence dated April 30, 2018 from Yvonne Winram, 1805 Butler Road. [Item
 
• Correspondence dated May 2, 2018 from Lindsey and Arlen Kanary, Astra Road. [Item
 
• Correspondence dated May 3, 2018 from Teresa Cosco, 1774 Astra Road. [Item
 
• Correspondence dated May 3, 2018 from Bruce Hart, 1774 Astra Road. [Item
 
• Correspondence dated May 6, 2018 from Kathy Coulthart-Dewey, 1818 Astra Road. [Item
 
• Correspondence dated May 9, 2018 from Marie Clegg, 1761 Astra Road. [Item
 
• Correspondence dated May 10, 2018 from Valerie Pearson, 1036 Seal Road. [Item
 
Consideration of the addendum will be given regarding adjacent property owner comments relating to DV 1B 18 -1758 Astra Road (Tomlinson / Snow-Tomlinson)
 
Additionally, the Electoral Areas Services Committee will consider any comments or presentations from adjacent property owners in attendance at the meeting.
 
Recommendation:
 
THAT the board deny the Development Variance Permit DV 1B 18 (Tomlinson/Snow-Tomlinson) to decrease the minimum front yard setback from 4.5 metres to 3.0 metres for the construction of an accessory building on a property described as Lot B, District Lot 172, Comox District, Plan 32341, PID 000-103-489 (1758 Astra Road).
208 and 213A, B, C1 person/1 vote
 
4) ELECTORAL AREA A - DEVELOPMENT VARIANCE PERMIT DV 4A 18 - 4324 & 4330 ISLAND HIGHWAY SOUTH (KINGFISHER OCEANSIDE RESORT & SPA LTD.)
 
Report dated May 2, 2018 regarding Development Variance Permit Application DV 4A 18 for an accessory building (i.e. storeage shed) at 4324 & 4330 Island Highway South (Kingfisher Oceanside Resort & Spa Ltd.) for receipt.

[Item
208 and 213A, B, C1 person/1 vote
 
Consideration of the addendum will be given regarding adjacent property owner comments relating to DV 4A 18 - 4324 & 4330 Island Highway South (Kingfisher Oceanside Resort & Spa Ltd.).
 
Additionally, the Electoral Areas Services Committee will consider any comments or presentations from adjacent property owners in attendance at the meeting.
 
Recommendation:
 
THAT the board approve Development Variance Permit DV 4A 18 (Kingfisher Oceanside Resort & Spa Ltd.774) on the property described as Lot B, District Lot 10, Nelson District, Plan VIP66171, PID 023-933-607 (4324 & 4330 Island Highway South) to reduce the minimum side yard (north) setback of the existing accessory building, labeled as “storage shed” on the permit, from 3.5 metres to 1.5 metres;

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213A, B, C1 person/1 vote
 
5) ELECTORAL AREA C -CONVERSION OF OWNERSHIP TO COOPERATIVE INTEREST REQUEST - 8922 & 8926 CLARKSON AVENUE (SEA ESTA PRIVATE RESORT COMPANY)
 
Report dated May 8, 2018 regarding the conversion of ownership of an existing single detached dwelling from fee-simple to cooperative interest at 8922 and 8926 Clarkson Avenue (Sea Esta Private Resort Corporation) for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Recommendation:
 
THAT the board approve the conversion to cooperative interest of the previously occupied single detached dwelling on the property described as Lot 1, District Lot 221, Comox District, and of part of the bed of the Strait of Georgia, Plan 35057, PID 000-318-434 (8922 and 8926 Clarkson Avenue).
208 and 213A, B, C1 person/1 vote
 
6) ELECTORAL AREA B - FARM LAND PROTECTION, COMMERCIAL AND INDUSTRIAL DEVELOPMENT PERMIT AND DEVELOPMENT VARIANCE PERMIT - 1506, 1510, 1516, 1520 RYAN ROAD EAST (BASE MINI STORAGE INC.)
 
Report dated May 3, 2018 regarding Development Variance Permit DV 2B 18 to reduce minimum required side yard setbacks and Development Permit DP 5B 18 regarding the Commercial and Industrial (form and character) and Farm Land Protection Guidelines to develop four mini-storage buildings at 1506, 1510, 1516, 1520 Ryan Road East (Base Mini Storage Inc.) for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Consideration of the addendum will be given regarding adjacent property owner comments relating to DV 2B 18 - 1506, 1510, 1516, 1520 Ryan Road East (Base Mini Storage Inc.).
 
Additionally, the Electoral Areas Services Committee will consider any comments or presentations from adjacent property owners in attendance at the meeting.
 
Recommendation #1:
 
THAT the board approve Development Variance Permit DV 2B 18 (Base Mini Storage Inc.) on the property described as Lot A, District Lot 103, Comox District, Plan 16638, PID 004-004-523 (1506 & 1510 Ryan Road East) to reduce the minimum side yard (east) setback from 7.5 metres to 3.0 metres and to reduce the minimum side yard (west) setback from 7.5 metres to 4.0 metres for the development of mini-storage buildings;

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213A, B, C1 person/1 vote
 
Recommendation #2:
 
THAT the board approve Development Permit DP 5B 18 (Base Mini Storage Inc.) on the properties described as Lot A, District Lot 103, Comox District, Plan 16638, PID 004-004-523, and Parcel A, District Lot 103, Comox District, Plan VIP57436, PID 030-411-742 (1506, 1510, 1516, 1520 Ryan Road East) for the development of four new mini-storage buildings;

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213A, B, C1 person/1 vote
 
7) ELECTORAL AREA A - AMENDMENT - DEVELOPMENT PERMIT DP 14A 17 - 7652 SHIPS POINT ROAD (ADAMS)
 
Report dated May 4, 2018 regarding a request for reconsideration of a CVRD officer’s decision to refuse an amendment to Aquatic and Riparian Habitat, Steep Slopes and Blue Heron Nest Development Permit DP 14A 17 to include a beach access staircase for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Applicant's submission in support of reconsideration of DP 14A 17 - 7652 Ships Point Road (Adams) for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
8) ELECTORAL AREA B - AMENDMENT - FARM LAND PROTECTION DEVELOPMENT PERMIT DP 16B 17 - 6269 WHITAKER ROAD (SALO)
 
Report dated May 3, 2018 regarding an amendment to Farm Land Protection Development Permit DP 16B 17 requesting a reduction to the vegetated buffer requirements for 6269 Whitaker Road (Salo) for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Recommendation:
 
THAT the board approve the amendment to Farm Land Protection Development Permit DP 16B 17 (Salo) on the property described as Lot 5, Block 29, Comox District, Plan 25363, PID 002-906-872 (6269 Whitaker Road) to allow the farmland protection buffer to be one row of coniferous trees, two rows of trespass inhibiting shrubs and maintenance of a fence with the exception of the area behind the septic tanks where no shrubs will be required;

AND FURTHER THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213A, B, C1 person/1 vote
 
9) ZONING BYLAW AMENDMENT TO PROHIBIT NON-MEDICAL CANNABIS RETAIL AND PRODUCTION
 
Report dated May 8, 2018 regarding an amendment to the Zoning Bylaw that would prohibit the production and distribution of non-medical cannabis in anticipation of federal legalization for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Recommendation #1:
 
THAT the board endorse the external agency referral list outlined in Appendix A;

AND THAT the board give first and second readings of Bylaw No. 537, being the “Comox Valley Zoning Bylaw, 2005, Amendment No. 74”, Appendix B attached to staff report dated May 8, 2018, which proposes an amendment to the Zoning Bylaw to address implementation of the legalization of cannabis.
208 and 213A, B, C1 person/1 vote
 
Recommendation #2:
 
THAT staff report back to the Electoral Areas Services Committee with a fulsome analysis of options regarding regulations once the Cannabis Act and related regulations have been approved and made available to the public.
208 and 213A, B, C1 person/1 vote
 
10) ELECTORAL AREA B - REQUEST TO PLACE NOTICE ON TITLE - 2212 COLEMAN ROAD
 
Report dated March 27, 2018 regarding a request to place a Notice on Title for 2212 Coleman Road for failing to obtain the required permits and inspections for the construction of a new dwelling for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Recommendation:
 
THAT pursuant to Section 57 of the Community Charter, the board approves filing a notice with the Land Title and Survey Authority of British Columbia against land legally described as Lot 8, Block 29, Comox District, Plan 2261, PID 000-035-866 (2212 Coleman Road), for failure to comply with Building Bylaw No. 142, being the “Comox Valley Regional District Building Bylaw No. 142, 2011”;

AND FURTHER THAT the board defer this matter to the Agricultural Land Commission (ALC) to conduct their own investigation and take enforcement action if necessary.
208 and 213A, B, C1 person/1 vote
 
11) SOUTH SEWER SELECT COMMITTEE MINUTES
 
Minutes of the South Sewer Select Committee meeting held May 2, 2018 for receipt. [Item
208All1 person/1 vote
 
12) ROYSTON WATER LOCAL SERVICE AREA – WATER CONSERVATION BYLAW UPDATES
 
Report dated May 10, 2018 regarding an update to the water conservation bylaw for the Royston Water Local Service Area (WLSA) for receipt. [Item
207All1 person/1 vote
 
Recommendation #1:
 
THAT Bylaw No.282 being the Royston Improvement District “Water Conservation Bylaw No. 282” be repealed;

AND FURTHER THAT the draft Bylaw No.535 being “Royston Water Conservation Bylaw No.535, 2018”, as attached to the staff report dated May 10, 2018, be adopted.
207All1 person/1 vote
 
Recommendation #2:
 
THAT Bylaw No.104 being “Municipal Ticket Information Bylaw No.104, 2010” be amended to include offences and fines in relation to the Royston Water Conversation Bylaw.
207All1 person/1 vote
 
13) FIRE DEPARTMENT ROAD RESCUE SERVICE- OUTSIDE OF SERVICE AREA
 
Report dated May 8, 2018 regarding road rescue services provided by CVRD fire departments outside of their local service area for receipt. [Item
209A, B, CWeighted
 
F. NEW BUSINESS:
G. ADDENDUM - UPON APPROVAL OF THE COMMITTEE:
Recommendation:
 
THAT the addendum be considered.
208All1 person/1 vote
 
1) Adjacent property owner comments regarding Development Variance Permit Application DV 1B 18 - 1758 Astra Road (Tomlinson/Snow-Tomlinson)
 
Comments from property owners adjacent to the property pertaining to DV 1B 18 - 1758 Astra Road (Tomlinson/Snow-Tomlinson) for receipt.
208 and 213A, B, C1 person/1 vote
 
• Correspondence dated April 25, 2018 from Becky Packer, 1750 Astra Road; [Item
 
• Correspondence dated May 11, 2018 from Beverley York. adjacent neighbour; [Item
 
• Correspondence dated May 11, 2018 from Anne Laughlin, 1759 Astra Road. [Item
 
2) Adjacent property owner comments regarding Development Variance Permit Application DV 4A 18 - 4324 & 4330 Island Highway South (Kingfisher Oceanside Resort & Spa Ltd.)
 
Comments from property owners adjacent to the property pertaining to DV 4A 18 - 4324 & 4330 Island Highway South (Kingfisher Oceanside Resort & Spa Ltd.) will be posted here prior to the meeting.
 
3) Adjacent property owner comments regarding Development Variance Permit Application DV 2B 18 - 1506, 1510, 1516, 1520 Ryan Road East (Base Mini Storage Inc.).
 
Comments from property owners adjacent to the property pertaining to DV 2B 18 - 1506, 1510, 1516, 1520 Ryan Road East (Base Mini Storage Inc.) will be posted here prior to the meeting.
 
H. MEDIA QUESTIONS:
I. TERMINATION:
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