NOTICE OF MEETING
ELECTORAL AREAS SERVICES COMMITTEE


Monday, June 14, 2021
Civic Room, 770 Harmston Avenue, Courtenay, BC commencing at 10:00 am.

The chair of the committee will preside over the meeting according to the CVRD procedure bylaw. This meeting may include participation by members of the committee via electronic communication.

In response to the COVID-19 pandemic and in accordance with Ministerial Order 192, public in-person attendance is not permitted. If members of the public wish to provide input, they should contact the Legislative Services Department. Live webcasts and recordings are available at www.comoxvalleyrd.ca/minutes-agendas

In the event of an emergency the public gathering place is the parking lot outside the Civic Room.
 
 
AGENDA
 
    Section Who Votes How Vote Counted
   
A. RECOGNITION OF TRADITIONAL TERRITORIES:
B. DELEGATIONS:
C. MANAGEMENT REPORT:
Electoral Areas Services Committee management report dated June 2021 for receipt. [Item
208All1 person/1 vote
 
D. REPORTS:
1) ADVISORY PLANNING COMMISSION MINUTES
 
The following items are presented for receipt:
208All1 person/1 vote
 
Minutes of the Area C Advisory Planning Commission meeting held May 13, 2021; [Item
 
Minutes of the Area B Advisory Planning Commission meeting held May 18, 2021.; and [Item
 
Minutes of the Agricultural Planning Commission meeting held May 20, 2021. [Item
 
2) ELECTORAL AREA C - DEVELOPMENT VARIANCE PERMIT DV 1C 21 – 6329 EAGLES DRIVE (PARKIN MARINE LTD.)
 
Report dated May 31, 2021 regarding Development Variance Permit DV 1C 21 - 6329 Eagles Drive (Parkin Marine Ltd.), to reduce the rear yard setback for the construction of an addition to an existing dwelling unit, from 7.5 metres to 5.5 metres for the foundation, and from 5.5 metres to 4.5 metres for the eaves for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Correspondence dated June 4, 2021 from Kathrine and David Brown, 6356 Eagles Drive, regarding Development Variance Permit DV 1C 21 - 6329 Eagles Drive (Parkin Marine Ltd.) for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Correspondence dated June 4, 2021 from Peter Doetsch, 1927 Left Road, regarding Development Variance Permit DV 1C 21 - 6329 Eagles Drive (Parkin Marine Ltd.) for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Recommendation:
 
THAT the Comox Valley Regional District Board approve the Development Variance Permit DV 1C 21 (Parkin Marine Ltd.) to reduce the rear yard setback from 7.5 metres to 5.5 metres for the foundation of an addition to an existing dwelling, and from 5.5 metres to 4.5 metres for the eaves, for property described as Lot 29, Block 29, Comox District, Plan 22661, PID 003-284-841 (6329 Eagles Drive);

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute this permit
208 and 213A, B, C1 person/1 vote
 
3) ELECTORAL AREA B - DEVELOPMENT VARIANCE PERMIT DV 4B 21 – 347 BUTCHERS ROAD (GOTTMANN)
 
Report dated May 27, 2021 regarding Development Variance Permit DV 4B 21 - 347 Butchers Road (Gottmann), to reduce the minimum rear yard setback from 7.5 metres to 6.75 metres to allow for the construction of a sundeck for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Correspondence dated June 1, 2021 from Ken and Karen Cochrane, 349 Butchers Road, regarding Development Variance Permit DV 4B 21– 347 Butchers Road (Gottmann) for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Recommendation:
 
THAT the Comox Valley Regional District Board approve the Development Variance Permit DV 4B 21 (Gottmann) to reduce the rear yard setback from 7.5 metres to 6.75 metres to allow the construction of a sundeck on property described as Lot B, District Lot 186, Comox District, Plan 38036, PID 001-004-760 (347 Butchers Road);

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute this permit.
208 and 213A, B, C1 person/1 vote
 
4) ELECTORAL AREA B - DEVELOPMENT VARIANCE PERMIT DV 3B 21 – 1496 JACKSON DRIVE (RICHARDSON)
 
Report dated May 31, 2021 regarding Development Variance Permit DV 3B 21 - 1496 Jackson Drive (Richardson), to reduce the minimum rear yard setback and increase the ground floor area in order to convert an existing accessory building to a carriage house for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Correspondence dated June 2, 2021 from Leonard Alyward and Nancy Ryan, 1490 Jackson Drive, regarding Development Variance Permit DV 3B 21 - 1496 Jackson Drive (Richardson) for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Recommendation:
 
THAT the Comox Valley Regional District Board approve the Development Variance Permit DV 3B 21 (Richardson) to facilitate the proposed conversion of an existing accessory building to carriage house by reducing the minimum rear yard setbacks of the building foundation and eaves from 7.5 metres to 5.7 metres, and from 5.5 metres to 5.2 metres, respectively on property described as Lot 2, District Lot 216, Comox District, Plan 39408, PID 000-647-721 (1496 Jackson Drive);

AND FURTHER THAT the Comox Valley Regional District Board approve the Development Variance Permit DV 3B 21 (Richardson) to facilitate the proposed conversion of an existing accessory building to carriage house by increasing the maximum floor area of ground level of the building from 90.0 square metres to 127.5 square metres on property described as Lot 2, District Lot 216, Comox District, Plan 39408, PID 000-647-721 (1496 Jackson Drive);

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 - DEVELOPMENT PERMIT DP 10C 21 - 1615 SEAVIEW ROAD (FARRER)
 
Report dated June 2, 2021 to consider Development Permit DP 10C 21 - 1615 Seaview Road (Farrer), under the Farmland Protection Guidelines related to the construction of a single detached dwelling for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Recommendation:
 
THAT the Comox Valley Regional District Board approve the Farm Land Protection Development Permit DP 10C 21 (Farrer) on the property described as Lot 14, Section 9, Township 5, Comox District, Plan 9182, PID 005-565-316 (1615 Seaview Road) for the construction of a house setback at least 20 metres setback from the boundary with the neighbouring agricultural property;

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213A, B, C1 person/1 vote
 
6) ELECTORAL AREA B - AGRICULTURAL LAND RESERVE NON-FARM USE - 2274 ANDERTON ROAD (MOONEY)
 
Report dated June 7, 2021 regarding Agricultural Land Reserve Application ALR 1B 21 - 2274 Anderton Road (Mooney), to allow for a slaughter establishment whose capacity may be used for animals not raised on the same property for receipt.
[Item
208 and 213A, B, C1 person/1 vote
 
Recommendation:
 
THAT the Agricultural Land Commission be advised that the Comox Valley Regional District supports Agricultural Land Reserve Non-Farm Use Application ALR 1B 21 (Mooney) concerning a poultry slaughter establishment to be located on Lot 1, District Lot 189, Comox District, Plan 48760, PID 014-374-579 (2274 Anderton Road);

AND FINALLY THAT the application ALR 1B 21 (Mooney) regarding a non-farm use on a property within the Agricultural Land Reserve be forwarded to the Agricultural Land Commission for final consideration.
208 and 213A, B, C1 person/1 vote
 
7) ELECTORAL AREA A - UNION BAY ESTATES, REQUIREMENT FOR PROVISION OF PARK LAND OR PAYMENT FOR PARKS PURPOSES
 
Report dated June 11, 2021 regarding a request by the developers of the Union Bay Estates that the parkland transfer within the Master Development Agreement account for the provision of park land required by Section 510 of the Local Government Act (RSBC, 2015, c. 1) (LGA) for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Recommendation:
 
THAT the Comox Valley Regional District Board deem the 51.3 hectares parkland amenity contribution described in the Union Bay Estates Master Development Agreement (2010 and 2017) to be acceptable to fulfill the requirements under Section 510 for subdivision files 02774 A 18 (subdivision plan dated November 4, 2020) and 02520 A 20 (subdivision plan dated January 4, 2021).
208 and 213A, B, C1 person/1 vote
 
8) ELECTORAL AREA A - SITE SPECIFIC FLOODPLAIN MANAGEMENT BYLAW EXEMPTION - LINCE ROAD (SLATER AND DUTTON)
 
Report dated June 2, 2021 regarding Site Specific Floodplain Management Bylaw Exemption Application FR 1A 21 (Slater and Dutton) and discussions with the applicants regarding the Royston Seaside Trail for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
9) AMENDMENT TO THE RURAL COMOX VALLEY ZONING BYLAW NO. 520, 2019 - PJ 1CV 20
 
Report dated June 2, 2021 regarding comments received from First Nations and external agencies and to recommend first and second reading of the Bylaw No. 602 being the “Rural Comox Valley Zoning Bylaw No. 520, 2019, Amendment No. 3” (PJ 1CV 20) for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Recommendation:
 
THAT the Comox Valley Regional District Board give first and second reading to Bylaw No. 602, being the “Rural Comox Valley Zoning Bylaw No. 520, 2019, Amendment No. 3” (PJ 1CV 20), which amends the Rural Comox Valley Zoning Bylaw by fixing broken map links, correcting errors and eliminating the minimum lot area requirement for keeping of chickens and beekeeping;

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. 602, being the “Rural Comox Valley Zoning Bylaw No. 520, 2019, Amendment No. 3” (PJ 1CV 20).
208 and 213A, B, C1 person/1 vote
 
10) COMOX VALLEY FOOD HUB FEASIBILITY ASSESSMENT - UPDATE
 
Report dated June 3, 2021 regarding an update and draft of the Comox Valley Food Hub Feasibility Assessment for receipt. [Item
208All1 person/1 vote
 
11) COASTAL FLOOD MAPPING PROJECT UPDATE
 
Report dated June 7, 2021 regarding the results of the Coastal Flood Mapping Project and the next steps for coastal flood adaptation planning for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Recommendation:
 
THAT the results of the Comox Valley Regional District (CVRD) Coastal Flood Mapping Project (Final Summary Report) be received for information;

AND FURTHER THAT the CVRD Board direct staff to share the results with the City of Courtenay, Town of Comox, K’ómoks First Nation, Islands Trust, Strathcona Regional District and Department of National Defence;

AND FINALLY THAT the results of the Coastal Flood Mapping Project be used to inform the next phase of work, the Coastal Flood Adaptation Strategy, commencing in spring 2021.
208 and 213A, B, C1 person/1 vote
 
12) ELECTORAL AREA A - REQUEST TO PLACE NOTICE ON TITLE - 7390 COUGAR SMITH ROAD / 7460 ARTELLA DRIVE
 
Report dated May 27, 2021 regarding registration of a notice against the property title for contravention of Comox Valley Regional District bylaws and failing to obtain the required permits and inspections for the construction activity at 7390 Cougar Smith Road / 7460 Artella Drive for receipt. [Item
209A, B, CWeighted
 
Recommendation:
 
THAT pursuant to Section 57 of the Community Charter, the Comox Valley Regional District Board approves filing a notice with the Land Title and Survey Authority of British Columbia against land legally described as Lot 6, District Lot 48, New Castle District, Plan VIP34539, Except Part in Plan VIP56837, PID 000-294-721 (7390 Cougar Smith Road / 7460 Artella Drive) for failure to comply with Building Bylaw No. 142, being the “Comox Valley Regional District Building Bylaw No. 142, 2011”.
209A, B, CWeighted
 
13) ELECTORAL AREA C - REQUEST TO PLACE NOTICE ON TITLE - 8811 OYSTER RIVER WAY / 2180 SCHULZ ROAD
 
Report dated May 27, 2021 regarding registration of a notice against the property title for contravention of Comox Valley Regional District bylaws and failing to obtain the required permits and inspections for the construction activity at 8811 Oyster River Way / 2180 Schulz Road for receipt. [Item
209A, B, CWeighted
 
Recommendation:
 
THAT pursuant to Section 57 of the Community Charter, the Comox Valley Regional District Board approves filing a notice with the Land Title and Survey Authority of British Columbia against land legally described as Lot 2, Block 29, Comox District, Plan VIP57753, PID 018 526 527 (8811 Oyster River Way / 2180 Schulz Road) for failure to comply with Building Bylaw No. 142, being the “Comox Valley Regional District Building Bylaw No. 142, 2011”.
209A, B, CWeighted
 
14) ELECTORAL AREA C - REQUEST TO PLACE NOTICE ON TITLE - 60 SALSBURY ROAD
 
Report dated May 27, 2021 regarding registration of a notice against the property title for contravention of Comox Valley Regional District bylaws and failing to obtain the required permits and inspections for the construction activity at 60 Salsbury Road for receipt. [Item
209A, B, CWeighted
 
Recommendation:
 
THAT pursuant to Section 57 of the Community Charter, the Comox Valley Regional District Board approves filing a notice with the Land Title and Survey Authority of British Columbia against land legally described as Lot 43, District Lot 160, Comox District, Plan 30194, PID 000 548-154 (60 Salsbury Road) for failure to comply with Building Bylaw No. 142, being the “Comox Valley Regional District Building Bylaw No. 142, 2011”.
209A, B, CWeighted
 
15) 2021-2025 FINANCIAL PLAN - BUDGET AMENDMENTS - BAYNES SOUND, AREA B AND AREA C PARKS AND GREENWAYS SERVICE
 
Report dated June 3, 2021 regarding a financial plan amendment under the Baynes Sound portion of Electoral Area A, Area B and Area C Parks and Greenways Service, function 621, to accommodate the higher than anticipated capital cost quote for the Yates to Moore Roads staircase replacement project for receipt. [Item
209A, B, CWeighted
 
Recommendation:
 
THAT the 2021-2025 financial plan and capital expenditure program for the Baynes Sound portion of Electoral Area A, Area B and Area C Parks and Greenways Service, function 621, be amended by increasing land improvement expenditures in 2021 for Goose Spit Greenways annual capital projects, Project No. 1006, by $45,000 to support increased costs for the Yates to Moore Roads staircase replacement project. This is to be funded by a corresponding further contribution from the parks and greenways capital works reserve (855).
209A, B, CWeighted
 
16) UNION BAY IMPROVEMENT DISTRICT CONVERSION BYLAW UPDATES
 
Report dated June 10, 2021 regarding the Union Bay Improvement District conversion process and recommended actions to facilitate the timely transition towards Comox Valley Regional District water supply/distribution and fire protection service delivery for receipt. [Item
208All1 person/1 vote
 
Recommendation#1:
 
THAT quarterly water billing in Union Bay be implemented through an amendment to Bylaw No. 278 being “Water Tolls and Other Charges, 2020”.
208All1 person/1 vote
 
Recommendation #2:
 
THAT Union Bay Improvement District Bylaw No. 285 being “Taxation Bylaw, 2021” be amended to remove of the ten per cent penalty and interest charges on outstanding parcel taxes in alignment with Comox Valley Regional District practices.
208All1 person/1 vote
 
Recommendation #3:
 
THAT the Comox Valley Regional District’s 2022 parcel tax roll review panel process include a commitment to analyze the ‘B Parcels’ issue for the Union Bay water service.
208All1 person/1 vote
 
Recommendation #4:
 
THAT the Comox Valley Regional District update Union Bay Improvement District Bylaw No. 226 being “Water Regulations Bylaw No. 226, 2010” to include a reference to Master Municipal Construction Documents as a standard for infrastructure and development activities for the Union Bay water service.
208All1 person/1 vote
 
Recommendation #5:
 
THAT Bylaw No. 280 being “Comox Valley Regional District Fire Services Administration Bylaw No. 280, 2013” be amended to include the Union Bay Fire Protection Service;

AND FURTHER THAT Union Bay Improvement District Bylaw No. 209 being “Fire Department Establishment and Operations Bylaw, 2007 and all amendments thereto, be repealed.
207All1 person/1 vote
 
17) SARATOGA DRAINAGE PLAN - ECOLOGICAL ACCOUNTING PROCESS
 
Report dated June 8, 2021 regarding an update on implementation of the Saratoga Miracle Beach Master Drainage Plan through application of an ecological accounting process for receipt. [Item
209A, B, CWeighted
 
18) TSOLUM RIVER AGRICULTURAL WATERSHED PLAN PHASE TWO - PROCESS AND NEXT STEPS
 
Report dated June 8, 2021 regarding the proposed process and next steps for the Phase Two Tsolum River Agricultural Watershed Plan for receipt. [Item
208All1 person/1 vote
 
E. NEW BUSINESS:
F. 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 DV 1C 21, 6329 Eagles Drive (Parkin Marine Ltd.)
 
Comments from property owners adjacent to the property pertaining to Development Variance Permit DV 1C 21, 6329 Eagles Drive (Parkin Marine Ltd.) will be posted here prior to the meeting.
 
2) Adjacent property owner comments regarding Development Variance Permit DV 4B 21– 347 Butchers Road (Gottmann)
 
Comments from property owners adjacent to the property pertaining to Development Variance Permit DV 4B 21– 347 Butchers Road (Gottmann) will be posted here prior to the meeting.
 
3) Adjacent property owner comments regarding Development Variance Permit DV 3B 21 – 1496 Jackson Drive (Richardson)
 
Comments from property owners adjacent to the property pertaining to Development Variance Permit DV 3B 21 – 1496 Jackson Drive (Richardson) will be posted here prior to the meeting.
 
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)(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;
90(1)(i) The receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and
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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