ELECTORAL AREAS SERVICES COMMITTEE

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Monday, October 16, 2017
Minutes of the meeting of the Electoral Areas Services Committee held on Monday, October 16, 2017 in the boardroom of the Comox Valley Regional District offices located at 550B Comox Road, Courtenay, BC commencing at 10:00 am.
 
 
MINUTES
     
 
Present:
Chair:E. GrievePuntledge/Black Creek (Area 'C')
Vice-Chair:R. NicholLazo North (Area 'B')
Directors:B. JolliffeBaynes Sound-Denman/Hornby Islands (Area 'A')
Staff:B. DunlopCorporate Financial Officer
 A. MacDonaldGeneral Manager of Planning and Development Services
 L. DennisLegislative Services Assistant
 R. DysonChief Administrative Officer
 M. RuttenGeneral Manager of Engineering Services
 J. WarrenGeneral Manager of Corporate Services
 J. MartensManager of Legislative Services
 D. DeMarzoActing General Manager of Community Services
 
   
DELEGATIONS:
FLOODING AT 4800 BLOCK KILMARNOCK DRIVE
 
 
Janet Thomas presented a petition and information regarding flooding along the 4800 block of Kilmarnock Drive and requested a peer review of the report "Stormwater Management Program - Argyle Road Site", submitted in November 2012 as part of the Development Permit DP 6A 12 (34083 Yukon Inc. - Kensington Island Properties). [Item
 
 
R. Nichol/B. Jolliffe: THAT the presentation by Janet Thomas regarding flooding at the 4800 block of Kilmarnock Drive be received.
208Carried
 
MANAGEMENT REPORT:
R. Nichol/B. Jolliffe: THAT the Electoral Areas Services Committee management report dated October 2017 be received. [Item
208Carried
 
REPORTS:
ADVISORY PLANNING COMMISSION MINUTES
 
 
B. Jolliffe/R. Nichol: THAT the following items be received:
 
 
• Minutes of the Area A Advisory Planning Commission meeting held September 25, 2017; [Item
 
 
• Minutes of the Area C Advisory Planning Commission meeting held September 27, 2017. [Item
208Carried
 
ELECTORAL AREA C – DEVELOPMENT VARIANCE PERMIT DV 2C 17 – 7045 RAILWAY AVENUE (LOWE)
 
 
B. Jolliffe/R. Nichol: THAT the report dated October 2, 2017 regarding Development Variance Permit Application DV 2C 17 to increase the maximum height for an accessory building from 6.0 metres to 9.1 metres at 7045 Railway Avenue (Lowe) be received. [Item
208 and 213Carried
 
B. Jolliffe/R. Nichol: THAT the correspondence dated October 6, 2017 from Carol Hilton, 7024 Railway Avenue, regarding DV 2C 17 (7045 Railway Avenue - Lowe) be received. [Item
208 and 213Carried
 
A. Mullaly, Manager of Planning Services, provided an overview of the staff report regarding Development Variance Permit Applicaiton DV 2C 17 for 7045 Railway Avenue (Lowe).
 
 
Heather Lee, applicant, was in attendance at the meeting.
 
 
The chair called for any members of the public that may wish to speak regarding Development Variance Permit Application DV 2C 17. There were no speakers.
 
 
R. Nichol/B. Jolliffe: THAT the board approve the Development Variance Permit DV 2C 17 (Lowe) to increase the height for an accessory building from 6.0 metres to 9.1 metres for a property described as Lot 6, Block 29, Comox District, Plan 28688, PID 001-739-387 (7045 Railway Avenue) with the condition that a visual buffer of coniferous trees along the west property line be maintained for the life of the accessory building;

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213Carried
 
ELECTORAL AREA A– DEVELOPMENT VARIANCE PERMIT DV 3A 17 – 3541 CAMERON ROAD (CAHOON)
 
 
R. Nichol/B. Jolliffe: THAT the report dated October 2, 2017 regarding Development Variance Permit Application DV 3A 17 to allow access to a carriage house via an internal staircase and to allow internal access to the accessory use below at 3541 Cameron Road (Cahoon) be received. [Item
208 and 213Carried
 
A. Mullaly, Manager of Planning Services, provided an overview of the staff report regarding Development Variance Permit Application DV 3A 17 for 3541 Cameron Road (Cahoon).
 
 
Carl Cahoon, applicant, was in attendance at the meeting.
 
 
The chair called for any members of the public that may wish to speak regarding Development Variance Permit Application DV 3A 17. There were no speakers.
 
 
R. Nichol/B. Jolliffe: THAT the board approve the Development Variance Permit DV 3A 17 (Cahoon) to allow access to the carriage house via an internal staircase and to allow internal access to the accessory use below for a property described as Lot 11, Section 28, Township 11, Nelson District, Plan VIP81228, PID 026-732-564 (3541 Cameron Road);

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213Carried
 
ELECTORAL AREA C - ZONING BYLAW AMENDMENT RZ 2C 17 - 3780 COLAKE ROAD (COURTENAY AND DISTRICT FISH AND GAME PROTECTIVE ASSOCIATION)
 
 
B. Jolliffe/R. Nichol: THAT the report dated October 5, 2017 regarding Zoning Bylaw Amendment Application RZ 2C 17 for 3780 Colake Road (Courtenay and District Fish and Game Protective Association) to recommend first and second readings and set a public hearing date be received. [Item
208 and 213Carried
 
A. Mullaly, Manager of Planning Services, provided an overview of the staff report regarding Zoning Bylaw Amendment Application RZ 2C 17 for 3780 Colake Road (Courtenay and District Fish and Game Protective Association).
 
 
Lyndsey Douglas, applicant's representative, was in attendance at the meeting.
 
 
B. Jolliffe/R. Nichol: THAT the board give first and second readings to Bylaw No. 485, Appendix B to staff report dated October 5, 2017, with the change as noted at the October 16, 2017 Electoral Area Services Committee meeting to provide a 15 metre minimum setback for all campsites to watercourses, being the “Comox Valley Zoning Bylaw, 2005, Amendment No. 70”, which rezones Lot 1, Sections 32 and 33, Township 10, Comox District, Plan EPP56506, PID 029-762-103; and Lot 1, Section 33, Township 10, Comox District, Plan VIP78343 except part in Plan EPP56506, PID 026-200-881 (3780 and 3786 Colake Road), from Upland Resource 400ha (UR-400ha) and Water Supply and Resource Area (WS-RA) to Upland Resource 400ha exception 7 (UR-400ha-7) and Water Supply and Resource Area (WS-RA);

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. 485, being the “Comox Valley Zoning Bylaw, 2005, Amendment No. 70” (RZ 2C 17).
208 and 213Carried
 
R. Nichol/B. Jolliffe: THAT prior to a public hearing on Bylaw No. 485, being the “Comox Valley Zoning Bylaw, 2005, Amendment No. 70”, the Courtenay and District Fish and Game Protective Association be required to delineate the triangular portion of Lot 1, Sections 32 and 33, Township 10, Comox District, Plan EPP56506, that is zoned Water Supply and Resource Area (WS-RA) using flagging or similar visual marker in order to prevent inadvertent encroachment.
208 and 213Carried
 
R. Nichol/B. Jolliffe: THAT with respect to Bylaw No. 485 being the “Comox Valley Zoning Bylaw, 2005, Amendment No. 70”, staff be directed to review Section 4 of Schedule A titled ‘Conditions of Use’ and report back to the board on any potential changes.
208 and 213Carried
 
The meeting recessed at 11:14 am and reconvened at 11:19 am.
 
 
ELECTORAL AREA C - ZONING BYLAW AMENDMENT RZ 1C 17 - 8645 ISLAND HIGHWAY (CARR/LEWIS)
 
 
R. Nichol/B. Jolliffe: THAT the report dated October 6, 2017 regarding Zoning Bylaw Amendment Application RZ 1C 17 for 8645 Island Highway (Carr/Lewis) to review the findings of the external agency referral and to recommend first and second readings and set a public hearing date be received. [Item
208 and 213Carried
 
A. Mullaly, Manager of Planning Services, provided an overview of the staff report regarding Zoning Bylaw Amendment Application RZ 1C 17 for 8645 Island Highway (Carr/Lewis).
 
 
Terry Carr, applicant, was in attendance at the meeting.
 
 
R. Nichol/B. Jolliffe: THAT the board give first and second readings to Bylaw No. 488, Appendix A to staff report dated October 6, 2017, being the “Comox Valley Zoning Bylaw, 2005, Amendment No. 71” which rezones the Remainder of Lots 1 and 10, (DD20594N), Block 29, Comox District, Plan 3139, PID 002-039-389 (8645 Island Highway), from Country Residential One (CR-1) to Saratoga Commercial-Industrial (S - CI);

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. 488, being the “Comox Valley Zoning Bylaw, 2005, Amendment No. 71” (RZ 1C 17, Lewis/Carr).
208 and 213Carried
 
ELECTORAL AREA A - FARM LAND PROTECTION DEVEOPMENT PERMIT DP 13A 17 - HYLAND ROAD (GALIK AND HENDERSON/WIND)
 
 
R. Nichol/B. Jolliffe: THAT the report dated October 2, 2017 regarding Farm Land Protection Development Permit Application DP 13A 17 to establish a buffer between a rural residential property and three agricultural properties on Hyland Road (Galik and Henderson/Wind) be received. [Item
208 and 213Carried
 
A. Mullaly, Manager of Planning Services, provided an overview of the staff report regarding DP 13A 17 for Hyland Road (Galik and Henderson/Wind).
 
 
B. Jolliffe/R. Nichol: THAT the board approve the Farm Land Protection Development Permit DP 13A 17 (Galik/Henderson) on the property described as Lot D, Section 33, Township 11, Nelson District, Plan 36103, Except Plan 39329 (Lot D, Plan 36103 Hyland Road) for the subdivision of a residential property adjacent to agriculturally designated properties with the condition that a 15 metre wide vegetative buffer adjacent to the common boundary be maintained and buildings are sited a minimum of 30 metres from the agriculturally designated properties;

AND FURTHER THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213Carried
 
ELECTORAL AREA B - FARM LAND PROTECTION DEVELOPMENT PERMIT DP 16B 17 - WHITAKER ROAD (SALO)
 
 
R. Nichol/B. Jolliffe: THAT the report dated October 3, 2017 regarding Farm Land Development Permit Application DP 16B 17 to establish a buffer between a rural residential property and an agricultural property on Whitaker Road (Salo) be received. [Item
208 and 213Carried
 
A. Mullaly, Manager of Planning Services, provided an overview of the staff report regarding Development Permit Application DP 16B 17 for Whitaker Road (Salo).
 
 
Maria and Dennis Salo, applicants, were in attendance at the meeting.
 
 
B. Jolliffe/R. Nichol: THAT the board approve the Farm Land Protection Development Permit DP 16B 17 (Salo) on the property described as Lot 5, Block 29, Comox District, Plan 25363 (Lot 5, Plan 25363, Whitaker Road) for the construction of a principal dwelling with the condition that the dwelling be setback a minimum of 15 metres from the agriculturally designated property, a fence along the rear property line be maintained and a 3 metre wide vegetative buffer consisting of one row of coniferous trees and two rows of trespass inhibiting shrubs is planted within 4 metres of the rear property line;

AND FURTHER THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213Carried
 
ELECTORAL AREA C - NON FARM USE WITHIN THE AGRICULTURAL LAND RESERVE - 2859 DAVIS ROAD (WILLIAMSON)
 
 
B. Jolliffe/R. Nichol: THAT the report dated October 10, 2017 regarding a recommendation to forward an application to the Agricultural Land Commission (ALC) regarding the placement of a second house on a property as a non-farm use in the Agricultural Land Reserve (ALR) be received. [Item
208 and 213Carried
 
A. Mullaly, Manager of Planning Services, provided an overview of the staff report regarding an application to the Agricultural Land Commission regarding the placement of a second house on a property as a non-farm use in the Agricultural Land Reserve at 2859 Davis Road (Williamson).
 
 
Tasha and Boyd Williamson, applicants, were in attendance at the meeting.
 
 
B. Jolliffe/R. Nichol: THAT the Agricultural Land Commission be advised that the Comox Valley Regional District supports Agricultural Land Reserve application ALR 4C 17 (Williamson) on lands known as Lot 12, District Lot 200, Comox District, Plan 30731 (PID 000-244-392), for the purpose adding a second house to a property;

AND FURTHER THAT the Comox Valley Regional District recommends the Agricultural Land Commission place a condition on the approval that the second dwelling be restricted to use by the owner or a member of the owner's immediate family;

AND FURTHER THAT the Comox Valley Regional District recommends the Agricultural Land Commission consider alternative siting arrangements of the second dwelling so that a second driveway, well, and septic field may not be necessarily required so as to create the least impact on the property’s agricultural potential;

AND FURTHER THAT the Comox Valley Regional District recommends the Agricultural Land Commission register a Section 219 restrictive covenant on title to decommission the second dwelling once it is no longer required for occupancy by the owners or the owners’ immediate family;

AND FINALLY THAT the application be forwarded to the Agricultural Land Commission.
208 and 213Carried
 
MERVILLE AUXILIARY FIRE HALL PROJECT
 
 
B. Jolliffe/R. Nichol: THAT the report dated October 10, 2017 regarding a proposed timeline for the Merville fire protection service be received. [Item
209Carried
 
J. Warren, General Manager of Corporate Services, provided an overview of the staff report regarding a proposed timeline for the Merville fire protection service.
 
 
R. Nichol/B. Jolliffe: THAT the Merville fire protection service auxiliary hall project proceed by:
1. Initiating discussions with the City of Courtenay Fire Department and Oyster River Fire Rescue to consider long-term service arrangements;
2. Establishing the minimum operational requirements for an auxiliary hall;
3. Conducting public engagement to obtain input and feedback on auxiliary hall requirements;

AND FURTHER THAT the 2018-2022 financial plans be developed for the Merville and Tsolum-Farnham fire protection services that consider a January 1, 2019 merger date and auxiliary hall construction process aimed at concluding by December 31, 2019.
209Carried
 
LATE DELEGATION:
 
 
R. Nichol/B. Jolliffe: THAT a late delegation from Leah Weinstein be permitted to address the Electoral Areas Services Committee regarding subdivision of property in Fanny Bay.
208Carried
 
The above resolution received at least 2/3 of the votes cast.
 
 
SUBDIVISION OF PROPERTY IN FANNY BAY
 
 
Leah Weinberg, resident of Fanny Bay, addressed the committee regarding the process of subdividing her family's property in Fanny Bay and requested clarification regarding the Comox Valley Regional District's requirements for rezoning in relation to Section 514 of the Local Government Act, "Subdivision to provide residence for a relative".
 
 
R. Nichol/B. Jolliffe: THAT the delegation from Leah Weinberg regarding subdivision of land in Fanny Bay be received.
208Carried
 
REPORTS CONTINUED:
 
 
FORBIDDEN PLATEAU FIRE SERVICE – LETTER AND SIGNATURES
 
 
R. Nichol/B. Jolliffe: THAT the report dated October 12, 2017 regarding a petition requesting a study for fire protection on Forbidden Plateau Road be received. [Item
208Carried
 
B. Jolliffe/R. Nichol: THAT a feasibility study be conducted to explore options associated with fire protection services on Forbidden Plateau Road, including, but not limited to, impacts to existing and future land use activities, the potential expansion of existing fire protection boundaries, a first responder vehicle located on Forbidden Plateau Road or a volunteer fire department;

AND FURTHER THAT up to $15,000 be committed to this project from the Electoral Area C feasibility study fund.
208Carried
 
COMMUNITY WORKS FUND STATUS REPORT
 
 
B. Jolliffe/R. Nichol: THAT the report dated October 5, 2017 regarding the status of the Community Works Fund (CWF) interim balances in the various electoral area CWF reserves be received. [Item
208Carried
 
NEW BUSINESS:
DELEGATION REGARDING FLOODING AT 4800 BLOCK KILMARNOCK DRIVE
 
 
B. Jolliffe/R. Nichol: THAT staff prepare a report regarding the flooding issues along Kilmarnock Drive, as outlined by the delegation from Janet Thomas on October 16, 2017, with reference to the following requests:
• a peer review of the report "Stormwater Management Plan - Argyle Road Site", dated October 16, 2012 submitted as part of the Development Permit DP 6A 12 (34083 Yukon Inc. - Kensington Island Properties);
• that an assessment of the ditches in the area be completed; and
• that such observations be conducted during the rainy season.
208 and 213Carried
 
IN-CAMERA:
R. Nichol/B. Jolliffe: THAT the committee adjourn to an in-camera session pursuant to the following sub-section of section 90 of the Community Charter:

90(1)(a) Personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the regional district or another position appointed by the regional district.
208Carried
 
Time: 12:30 pm.
 
 
RISE AND REPORT:
The committee rose from its in-camera session at 1:07 pm.
 
 
TERMINATION:
B. Jolliffe/R. Nichol: THAT the meeting terminate.
208Carried
 
Time: 1:07 pm.
 
 
 Confirmed by:


____________________________________
Edwin Grieve
Chair
 
Certified Correct:


____________________________________
Jake Martens
Manager of Legislative Services
 
Recorded By:


____________________________________
Lisa Dennis
Recording Secretary

These minutes were received by the Comox Valley Regional District board on the _________ day of _______, 20___.
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