NOTICE OF MEETING
ELECTORAL AREAS SERVICES COMMITTEE


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Monday, January 13, 2020
Civic Room, 770 Harmston Avenue, Courtenay, BC commencing 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. RECOGNITION OF TRADITIONAL TERRITORIES:
ELECTION OF CHAIR AND VICE-CHAIR:
The first order of business is the election of the chair and vice-chair. The Corporate Legislative Officer will call the meeting to order and conduct the elections pursuant to the CVRD Board procedure bylaw.
 
B. DELEGATIONS:
C. MANAGEMENT REPORT:
Electoral Areas Services Committee management report dated January 2020 for receipt. [Item
208All1 person/1 vote
 
D. REPORTS:
1) ELECTORAL AREA C - ZONING BYLAW AMENDMENT RZ 2C 19 - OYSTER RIVER WAY (BRAUN)
 
Report dated January 3, 2020 regarding Zoning Bylaw Amendment Application RZ 2C 19 external agency and First Nations referrals for a proposed rezoning to enable a four-lot subdivision at Lot 2, Plan VIP81047, Oyster River Way (Braun) for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Recommendation:
 
THAT the Comox Valley Regional District Board endorse the agency referral list as outlined in Appendix A of staff report dated January 3, 2020, and direct staff to start the external agency referral process for Lot 2, Block 29, Comox District, Plan VIP81047, PID 026-682-311 (Lot 2, Plan VIP81047 Olund Road) as part of a proposed amendment (RZ 2C 19, Braun) of Bylaw No. 520 being the “Rural Comox Valley Zoning Bylaw, No. 520, 2019”;

AND FURTHER THAT Comox Valley Regional District staff consult with First Nations in accordance with the referrals management program dated September 25, 2012;

AND FINALLY THAT the Comox Valley Regional District Board authorize staff to begin discussions on provision of community amenities as per Section 72 “Community Amenity Contributions” of Bylaw No. 337, being the “Rural Comox Valley Official Community Plan Bylaw No. 337, 2014.
208 and 213A, B, C1 person/1 vote
 
2) ELECTORAL AREA C - SITE SPECIFIC FLOODPLAIN SETBACK REDUCTION FR 4C 19 - 9550 SARMMA ROAD (CLEGHORN/GOOSSEN)
 
Report dated December 18, 2019 regarding Site Specific Floodplain Setback Reduction FR 4C 19 to allow construction of a dwelling and accessory buildings at 9550 Sarmma Road (Cleghorn/Goossen) for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Recommendation:
 
THAT the board grant a site specific exemption of the floodplain specifications that reduces floodplain setback from 60 metres to 30 metres for the proposed buildings on Lot 20, Block 29, Comox District, Plan VIP79847, PID 026-477-840 (9550 Sarmma Road);

AND FINALLY THAT, as a condition of the site specific exemption, the Comox Valley Regional District building services department not issue final occupancy for any buildings on the property described as Lot 20, Block 29, Comox District, Plan VIP79847, PID 026-477-840 (9550 Sarmma Road) until the applicants, at their own expense, register a restrictive covenant under Section 219 of the Land Title Act, specifying conditions that would enable the land to be safely used for the use intended according to the terms of the professional engineer’s report by Michael de Hart, P.Eng., and Mark DeGagne, P.Eng., of McElhanney Ltd, dated November 13, 2019, which will form part of the restrictive covenant, as well as an acknowledgement that no Disaster Financial Assistance funding is available for the building or its contents and releasing and indemnifying the Comox Valley Regional District from liability in the event any damage is caused by flooding or erosion.
208 and 213A, B, C1 person/1 vote
 
3) BYLAW UPDATES RELATING TO CANNABIS CULTIVATION, PROCESSING AND SALES
 
Report dated December 18, 2019 regarding comments received from First Nations and external agencies, and to recommend first and second reading of the proposed bylaw and authorize a public hearing for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Recommendation:
 
THAT the board give first and second reading to Bylaw No. 604, being the “Rural Comox Valley Official Community Plan Bylaw No. 337, 2014, Amendment No. 5”, which updates policies relating to cannabis cultivation, processing and sales;

AND FINALLY THAT pursuant to Section 464(1) of the Local Government Act (RSBC, 2015, c.1), the board schedule a public hearing for Bylaw No. 604, being the “Rural Comox Valley Official Community Plan Bylaw No. 337, 2014, Amendment No. 5” (CP 1CV 19).
208 and 213A, B, C1 person/1 vote
 
4) ELECTORAL AREA B - PROPOSED TELECOMMUNICATION TOWER – 1901 LARCH ROAD (FREEDOM MOBILE)
 
Report dated January 7, 2020 regarding a request for concurrence from Freedom Mobile regarding a proposed telecommunication tower for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Recommendation:
 
THAT Innovation, Science and Economic Development Canada be advised that Freedom Mobile and Cypress Land Services have satisfactorily consulted with the Comox Valley Regional District and completed the required public consultation process for the proposed telecommunication tower at 1901 Larch Road and that the Comox Valley Regional District concurs with the proposal.
208 and 213A, B, C1 person/1 vote
 
5) WATER QUALITY TESTING FOR SWIM LOCATIONS
 
Report dated January 7, 2020 regarding the need for continued testing of water quality at swim locations in electoral areas previously monitored by Island Health for receipt. [Item
209A, B, CWeighted
 
6) PROPOSED AMENDMENTS TO THE ELECTORAL AREAS PARK REGULATIONS AND MUNICIPAL TICKETING BYLAW
 
Report dated January 7, 2020 regarding proposed amendments the Electoral Areas Parks Regulations Bylaw No. 103, 2010 and the Comox Valley Regional District Municipal Ticket Information Bylaw No. 104, 2010 to provide updates concerning new parks and greenways, park and trail rules and to make minor adjustments to the park regulations for receipt. [Item
209A, B, CWeighted
 
Recommendation #1:
 
THAT the recently constructed trail along the unopened Eagles Drive road allowance extending from Tasman Road down to the opened portion of Eagles Drive authorized under Ministry of Transportation and Infrastructure permit #2018-05977 be added to Bylaw No. 103;

AND FURTHER THAT this trail be named Eagles Greenway.
209A, B, CWeighted
 
Recommendation #2:
 
THAT the recently acquired Hornby Island boat ramp authorized under Provincial Licence of Occupation # 931917 be added to Bylaw No. 103;

AND FURTHER THAT this park be named Shingle Spit Boat Launch.
209A, B, CWeighted
 
Recommendation #3:
 
THAT Bylaw No. 103 being “Electoral Areas Parks Regulations Bylaw No. 103, 2010” be amended to reflect the following changes as noted in the staff report dated January 7, 2020:
i. regulations related to motorized vehicles in parks;
ii. signature location on research permits;
iii. adding the identified new parks and greenways, maps, designations and other housekeeping revisions.
209A, B, CWeighted
 
Recommendation #4:
 
THAT Bylaw No. 104 being “Municipal Ticket Information Bylaw No. 104, 2010” be amended to update the fines Schedule 1 for Electoral Areas Parks Regulation Bylaw No. 103, as outlined in the staff report dated January 7, 2020.
209A, B, CWeighted
 
E. NEW BUSINESS:
1) BIOSOLIDS
 
Correspondence dated January 6, 2020 from Director Hamir regarding the application of biosolids to public and private lands for receipt. [Item
208All1 person/1 vote
 
Requested action:
 
THAT a report be prepared for a subsequent Electoral Areas Services Committee that describes the regulations and applicable rules and procedures for applying biosolids to public and private lands, both within and outside of the Agricultural Land Reserve, in British Columbia.
208All1 person/1 vote
 
F. ADDENDUM - UPON APPROVAL OF THE COMMITTEE:
G. MEDIA QUESTIONS:
H. IN-CAMERA:
Recommendation:
 
THAT the committee adjourn to an in-camera session pursuant to the following sub-section of section 90 of the Community Charter:

90(1)(k) Negotiations and related discussions respecting the proposed provision of a regional district service that are at their preliminary stages and that, in the view of the committee/board, could reasonably be expected to harm the interests of the regional district if they were held in public.
208All1 person/1 vote
 
I. TERMINATION:
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