CVRDAGENDAMINUTES.COMOXVALLEYRD.CA
     
NOTICE OF MEETING
COMOX VALLEY REGIONAL DISTRICT BOARD


Tuesday, May 24, 2022
Civic Room of the regional district offices, 770 Harmston Avenue, Courtenay, BC commencing at 4:00 pm.

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

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. Live webcasts and recordings are available at www.comoxvalleyrd.ca/minutes-agendas

The in-camera session of the board meeting will commence immediately following the open session.

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:
The presiding member will provide the territory acknowledgment and read the following Call to Action from the Truth and Reconciliation Commission of Canada: Calls to Action report.

Call to Action 4 - Child Welfare:

4. We call upon the federal government to enact Aboriginal child-welfare legislation that establishes national standards for Aboriginal child apprehension and custody cases and includes principles that:
i. Affirm the right of Aboriginal governments to establish and maintain their own child-welfare agencies.
ii. Require all child-welfare agencies and courts to take the residential school legacy into account in their decision making.
iii. Establish, as an important priority, a requirement that placements of Aboriginal children into temporary and permanent care be culturally appropriate.

 
B. IN-CAMERA MEETING:
Recommendation:
 
THAT the board adjourn to an in-camera session pursuant to the following sub-section(s) 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;

AND FINALLY THAT the in-camera portion convene immediately following the open portion of the meeting.

208All1 person/1 vote
 
C. ADOPTION OF MINUTES:
Comox Valley Regional District Board minutes dated May 10, 2022 for adoption. [Item
208All1 person/1 vote
 
D. BUSINESS ARISING FROM MINUTES:
E. PETITIONS AND DELEGATIONS:
1) COMOX VALLEY LAND TRUST (CVLT)
 
Pieter Rutgers and Tim Ennis, Comox Valley Land Trust, to present information in support of establishing a Regional Parks Service in the Comox Valley and to provide information regarding successful and collaborative partnerships that CVLT has had with the CVRD in protecting and conserving the natural environment via land acquisition, leases, conservation covenants and land protection priority planning processes. [Item
 
F. REPORTS:
1) ELECTORAL AREAS SERVICES COMMITTEE - MAY 9, 2022
 
Electoral Areas Services Committee minutes dated May 9, 2022 for receipt. [Item
208All1 person/1 vote
 
Recommendation #1
 
THAT staff prepare an amendment to Bylaw No. 102 being the “Electoral Areas Noise Control Regulation Bylaw No. 102, 2010, Amendment No. 2” based on the redline copy attached to the report dated May 6, 2022;

AND FURTHER THAT staff prepare the necessary amendments to Bylaw No. 104 being the “Municipal Ticket Information Bylaw No. 104, 2010” and Bylaw No. 679 being the “Comox Valley Regional District Bylaw Adjudication Ticketing Bylaw No. 679, 2021” to reflect the amendment to the Noise Control Bylaw as outlined in the staff report dated May 6, 2022.
209A, B, CWeighted
 
Recommendation #2
 
THAT the Comox Valley Regional District Board give draft Bylaw No. 656 (Appendix E attached to the staff report dated May 5, 2022), which enables a two lot subdivision at 5254 Langlois Road under Section 514 of the Local Government Act, first and second reading and set a public hearing date.
208 and 213A, B, C1 person/1 vote
 
Recommendation #3
 
THAT the Comox Valley Regional District Board approve Development Variance Permit DV 3C 22 (Kobus/ Fleenor) to reduce the rear yard setback as per the following:

• 7.5 meters to 2.88 meters for the foundation of the existing dwelling;
• 7.5 metres to 1.54 metres for the existing deck/ exterior staircase;
• 7.5 metres to 1.9 metres for the existing eaves/ roof overhang; and,
• 7.5 metres to 6.5 metres for the proposed addition,

on property described as Lot 1, District Lot 160, Comox District, Plan 36716, PID 000-421-812 (3206 Rachel Road);

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213A, B, C1 person/1 vote
 
Recommendation #4
 
THAT the Comox Valley Regional District Board approve the Development Variance Permit DV 2B 22 (Johns/ Marshall) to increase the maximum height for a carriage house from 8.0 metres to 8.34 metres for property described as Lot 3, District Lot 150, Comox District, Plan 31130, PID 001-175-378 (5101 Venture Road);

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213A, B, C1 person/1 vote
 
Recommendation #5
 
THAT the Comox Valley Regional District Board approve the Development Variance Permit DV 3B 22 (Finneron/ Tarala) to increase the maximum height for an accessory building from 7.0 metres to 7.85 metres, to reduce the side yard setback for the same accessory building from 1.75 metres to 1.48 metres for the foundation, and from 0.88 metres to 0.67 metres for the eaves for property described as Lot 2, District Lot 191, Comox District, Plan 31124, PID 001-174-690 (737 Sand Pines Drive);

AND FINALLY THAT the Corporate Legislative Officer be authorized to execute the permit.
208 and 213A, B, C1 person/1 vote
 
Recommendation #6
 
THAT the Comox Valley Regional District Board endorse the agency referral list as outlined in Appendix B of staff report dated April 27, 2022, and direct staff to commence the external agency referral process for property known as That Part of District Lot 100, Comox District, Lying to the North of the Island Highway and to the West of Parcel A (DD 15057N) Except that Part in Plan 20383, PID 009-531-262 (7648 Island Highway), as part of a proposed amendment (RZ 1C 22, Edge Grain Forest Products Ltd.) to Bylaw No. 520, being the “Rural Comox Valley Zoning Bylaw No. 520, 2019”;

AND FINALLY THAT Comox Valley Regional District staff consult with First Nations in accordance with the referrals management program dated September 25, 2012.
208 and 213A, B, C1 person/1 vote
 
Recommendation #7
 
THAT the 2022 Rural Community Grants be awarded for the amounts to the organizations as outlined in the table attached, dated May 9, 2022. [Item
208All1 person/1 vote
 
CAO Recommendation:
 
THAT an early release of funding for the following 2022 Rural Community Grant recipients be authorized:

- Comox Valley Community Health Network
- Upper Island Women of Native Ancestry
- Oyster River Enhancement Society
208All1 person/1 vote
 
Recommendation #8
 
THAT an allocation of $60,000 from the Baynes Sound Community Facilities Support Service, function 672, be committed for distribution to assist Fanny Bay Hall and Union Bay Hall to complete their capital projects requests.
207All1 person/1 vote
 
Recommendation #9
 
THAT an allocation of $45,000 from the Puntledge North Community Facilities Support Service, function 676, be committed for distribution to assist Halbe Hall and Merville Hall to assist in completing their capital projects requests, subject to the associations meeting required approvals.
209B, CWeighted
 
Recommendation #10
 
THAT staff continue to collaborate with Ministry of Health and Island Health to implement septic regulatory changes to ensure on-site septic systems are being properly maintained.
209A, B, CWeighted
 
Recommendation #11
 
THAT staff continue to work with consulting engineers, provincial staff as well as partners and K’ómoks First Nation to refine the Sewer Extension South Project, including specific attention on
• design and costs
• affordability strategies
• approval mechanisms related to the liquid waste management plan process and/or elector approval and
• partner contributions/commitments.
209A, B, CWeighted
 
2) COMOX VALLEY SEWAGE COMMISSION – MAY 10, 2022
 
Sewage Commission minutes dated May 10, 2022 for receipt. [Item
208All1 person/1 vote
 
Recommendation #1
 
THAT the Board consider an amendment to Bylaw No. 2541 being “Comox Valley Sewerage Service Establishment Bylaw No. 2541, 2003” to expand the boundaries and participating areas to include Electoral Area A (Baynes Sound portion) as well as update the apportionment to address the distribution of costs based on flows to the Comox Valley Water Pollution Control Centre;

AND FURTHER THAT participating area approval for the amending bylaw be authorized to be given by director and municipal consent pursuant to Sections 346 and 347 of the Local Government Act.
209Cty, CmxWeighted
 
3) COMOX VALLEY WATER COMMITTEE - MAY 10, 2022
 
Water Committee minutes dated May 10, 2022 for receipt. [Item
208All1 person/1 vote
 
4) COMOX VALLEY RECREATION COMMISSION -MAY 10, 2022
 
Recreation Commission minutes dated May 10, 2022 for receipt. [Item
208All1 person/1 vote
 
5) ELECTORAL AREAS SERVICES COMMITTEE - MAY 16, 2022
 
Electoral Areas Services Committee minutes dated May 16, 2022 for receipt. [Item
208All1 person/1 vote
 
Recommendation #1
 
THAT the Telecommunications and Antenna System Application and Consultation Process policy be adopted by the Comox Valley Regional District (CVRD) Board as a Board Policy and be used to evaluate land use applications that involve the construction of a new telecommunications and antenna system(s), or applications to increase the height of existing towers, whether on private or Crown land;

AND FINALLY THAT the CVRD Board give first, second, and third reading to Bylaw No. 704, being the “Comox Valley Regional District Planning Procedures and Fees Bylaw No. 328, 2014, Amendment No. 4,” which will add information regarding fee payments, radii for neighbourhood notification, and application procedures schedule for proposed developments that involve the construction of a new telecommunications and antenna system(s) or proposals to increase the height of an existing tower;

AND FINALLY THAT the report dated May 5, 2022 be forwarded to the municipalities for their consideration.
208 and 213A, B, C1 person/1 vote
 
Recommendation #2
 
THAT the Comox Valley Regional District CVRD) Board endorse staff to proceed with the Building Inspection Service Project as outlined in the staff report dated May 13, 2022;

AND FURTHER THAT the proposed draft Building Bylaw No. 681 (Appendix A) be introduced to the public for feedback as part of the Building Inspection Service Project engagement plan.
209A, B, CWeighted
 
Recommendation #3
 
THAT the board give first, second and third reading to Bylaw No. 715 being “Union Bay Water Tolls and Other Charges Bylaw 278, 2020, Amendment No. 5” as attached to the staff report dated May 5, 2022.
207All1 person/1 vote
 
Recommendation #4
 
THAT the Comox Valley Regional District (CVRD) apply to the PlanH Healthy Communities Grant Program to support the Hornby Island Housing Network to create a Community Profile document for each of Hornby and Denman Islands subject to:
- providing the CVRD with a draft grant application for approval; AND
- identifying a non-profit organization to oversee the daily management of project finances should the application be successful.
208All1 person/1 vote
 
Recommendation #5
 
THAT the report dated May 2, 2022 regarding automotive service stations in the electoral areas be referred to the CVRD Board and the Comox Valley municipalities for consideration of a regional approach on new gas stations;

AND FURTHER THAT the report be considered for the 2023 zoning bylaw update;

AND FINALLY THAT Director Arbour be appointed for the remainder of the 2018-2022 term on the North American Safe Cities Joint Policy Group, which is working on municipal gas station orientation policies.
208 and 213A, B, C1 person/1 vote
 
6) POVERTY REDUCTION GRANT UPDATE
 
Report dated May 20, 2022 regarding withdrawal of an application to the Union of British Columbia Municipalities (UBCM’s) 2022 Poverty Reduction Planning and Action grant program for receipt. [Item
208 and 212All1 person/1 vote
 
7) GRANT STATUS REPORT - MARCH 31, 2022
 
Report dated May 20, 2022 regarding an update regarding grant applications and the status of approved grants for receipt. [Item
208All1 person/1 vote
 
8) REGIONAL PARKS AND TRAILS SERVICE - SERVICE ESTABLISHMENT
 
Report dated May 17, 2022 regarding support to establish a regional parks and trails service for receipt. [Item
208All1 person/1 vote
 
Recommendation #1:
 
THAT staff be directed to bring forward a service establishment bylaw for the creation of a regional parks and trails service;

AND FURTHER THAT participating area approval for the regional parks and trails service establishment bylaw be authorized to be given by director and municipal council consent pursuant to sections 346 and 347 of the Local Government Act;

AND FINALLY THAT the Regional Park Land Acquisitions Principles, provided in Appendix A to the staff report dated May 17, 2022, be supported.
208All1 person/1 vote
 
Recommendation #2:
 
THAT subject to the adoption of the regional parks and trails service establishment bylaw, a contribution of $275,000 be considered in the 2023 – 2027 financial planning process for the function to support the establishment of the service and replenishment of the Regional Feasibility Study Service, function 150, funds.
208All1 person/1 vote
 
G. BYLAWS AND RESOLUTIONS:
First and second readings
 
1) RECOMMENDATION for Bylaw No. 656 being "Rural Comox Valley Zoning Bylaw No. 520, 2019, Amendment No. 6"
 
THAT Bylaw No.656 being “Rural Comox Valley Zoning Bylaw No. 520, 2019, Amendment No. 6” be given first and second readings concurrently. [Item
208 and 213A, B, CWeighted
 
First, second and third readings
 
2) RECOMMENDATION for Bylaw No. 704 being "Comox Valley Regional District Planning Procedures and Fees Bylaw No. 328, 2014, Amendment No. 4"
 
THAT Bylaw No. 704 being “Comox Valley Regional District Planning Procedures and Fees Bylaw No. 328, 2014, Amendment No. 4 ” be given first and second readings concurrently. [Item
208 and 213A, B, C1 person/1 vote
 
THAT Bylaw No. 704 being "Comox Valley Regional District Planning Procedures and Fees Bylaw No. 328, 2014, Amendment No. 4" be read a third time.
208 and 213A, B, C1 person/1 vote
 
3) RECOMMENDATION for Bylaw No. 714 being "Comox Valley Recreation Commission Bylaw No. 632, 2020, Amendment No. 1"
 
THAT Bylaw No. 714 being “Comox Valley Recreation Commission Bylaw No. 632, 2020, Amendment No. 1” be given first and second readings concurrently. [Item
209AllWeighted
 
THAT Bylaw No. 714 being "Comox Valley Recreation Commission Bylaw No. 632, 2020, Amendment No. 1" be read a third time.
209AllWeighted
 
4) RECOMMENDATION for Bylaw No. 715 being "Union Bay Water Tolls and Other Charges Bylaw 278, 2020, Amendment No. 5"
 
THAT Bylaw No. 715 being “Union Bay Water Tolls and Other Charges Bylaw 278, 2020, Amendment No. 5” be given first and second readings concurrently. [Item
207All1 person/1 vote
 
THAT Bylaw No. 715 being "Union Bay Water Tolls and Other Charges Bylaw 278, 2020, Amendment No. 5" be read a third time.
207All1 person/1 vote
 
5) RECOMMENDATION for Bylaw No. 716 being "Comox Valley Sewage Service Establishment Bylaw No. 2541, 2003, Amendment No. 2"
 
THAT Bylaw No. 716 being “Comox Valley Sewage Service Establishment Bylaw No. 2541, 2003, Amendment No. 2” be given first and second readings concurrently. [Item
208All1 person/1 vote
 
THAT Bylaw No. 716 being "Comox Valley Sewage Service Establishment Bylaw No. 2541, 2003, Amendment No. 2" be read a third time.
208All1 person/1 vote
 
6) RECOMMENDATION for Bylaw No. 718 being "Comox Valley Water Conservation Bylaw 2010, Amendment No. 8"
 
THAT Bylaw No. 718 being “Comox Valley Water Conservation Bylaw 2010, Amendment No. 8” be given first and second readings concurrently. [Item
Bylaw 1783A, B, C, Cty, CmxWeighted
 
THAT Bylaw No. 718 being "Comox Valley Water Conservation Bylaw 2010, Amendment No. 8" be read a third time.
Bylaw 1783A, B, C, Cty, CmxWeighted
 
H. NEW BUSINESS:
1) NEW BUSINESS NOTICE - PUBLIC HEARING FOR BYLAW NO. 656 (RZ 1B 20 – WHYTE)
 
New business notice dated May 17, 2022 regarding Bylaw No. 656, being the “Rural Comox Valley Zoning Bylaw No. 520, 2019, Amendment No. 6” (Whyte) for receipt. [Item
208 and 213A, B, C1 person/1 vote
 
Recommendation:
 
WHEREAS the following bylaw has received first and second readings by the regional district board:

Bylaw No. 656 being “Rural Comox Valley Zoning Bylaw No. 520, 2019, Amendment No. 6” (Whyte);

AND WHEREAS, pursuant to Section 464 (1) of the Local Government Act [RSBC 2015, c.1], it is necessary to hold a public hearing on the aforementioned bylaw;

THEREFORE BE IT RESOLVED THAT:
1. A public hearing will be held on June 22, 2022 at 6:00 pm;
2. The location of the public hearing will be at the Comox Valley Regional District Civic Room, 770 Harmston Avenue, Courtenay, BC;
3. Public input will be accepted through written submissions and in person verbal comments;
4. The holding of the public hearing be delegated to the Directors from Electoral Areas A, B and C with Director ________ designated as the Chair and Directors __________ and ____________ designated as First Vice-Chair and Second Vice-Chair respectively for the public hearing; and
5. At least one (1) of the above-named delegates must be in attendance at the public hearing.”
208 and 213A, B, C1 person/1 vote
 
I. ADDENDUM - UPON APPROVAL OF THE BOARD:
J. MEDIA QUESTIONS:
K. TERMINATION:
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