CVRDAGENDAMINUTES.COMOXVALLEYRD.CA
     
ELECTORAL AREAS SERVICES COMMITTEE

Monday, May 6, 2024
Minutes of the meeting of the Electoral Areas Services Committee held on May 6, 2024 in the Civic Room of the Comox Valley Regional District offices located at 770 Harmston Avenue, Courtenay, BC commencing at 10:00 am.
 
 
MINUTES
     
 
Present:
Chair:E. GrievePuntledge/Black Creek (Area C)
Vice-Chair:R. HardyLazo North (Area B)
Director:D. ArbourBaynes Sound-Denman/Hornby Islands (Area A)
Staff:J. Warren Chief Administrative Officer
 L. WiwcharukChief Financial Officer
 A. MullalyGeneral Manager of Planning and Development
 M. RuttenGeneral Manager of Engineering Services
 D. DeMarzoGeneral Manager of Community Services
 J. MartensGeneral Manager of Corporate Services
 L. DennisManager of Legislative Services
 A. BaldwinLegislative Services Assistant
 
   
ATTENDANCE:
Director Cole-Hamilton, Chair of the Comox Valley Regional District Board, was in attendance for a portion of the meeting.

Director Rice was in attendance to vote on a matter relevant to the Strathcona Regional District Electoral Area D.
 
 
RECOGNITION OF TRADITIONAL TERRITORIES:
The Chair acknowledged that the meeting was being held on the unceded traditional territory of the K'ómoks First Nation.
 
 
UNFINISHED BUSINESS:
DELEGATION FOLLOW-UP - SEWER EXTENSION SOUTH LWMP ADDENDUM
 
 
J. Warren, Chief Administrative Officer, provided a verbal update on the follow-up with the delegation from April 8, 2024 by Steven Jones, regarding suggested changes to the Sewer Extension South LWMP Addendum.
 
 
RESOLUTIONS STATUS REPORT:
D. Arbour/R. Hardy: THAT the Electoral Areas Services Committee resolutions status report dated May, 2024 be received. [Item
208Carried
 
REPORTS:
ADVISORY PLANNING COMMISSION MINUTES
 
 
D. Arbour/R. Hardy: THAT the following items be received:

- Minutes of the Agricultural Advisory Planning Commission meeting dated March 14, 2024; and [Item
 
 
- Minutes of the Area B Advisory Planning Commission meeting dated March 18, 2024 be received. [Item
208Carried
 
PROPOSED AMENDMENT TO BYLAW NO. 695 - NORTHERN FIRE SERVICE AREAS ADMINISTRATION
 
 
Note: Director Rice, as the director for Electoral Area D, participated and voted on this matter as a participant to the service.
 
 
D. Arbour/R. Hardy: THAT the report dated April 25, 2024 regarding an administrative amendment to Bylaw No. 695 to bring it into compliance with the BC Structure Fire fighter Minimum Training Standards be received. [Item
209Carried
 
D. DeMarzo, General Manager of Community Services, provided an overview of the report regarding an administrative amendment to Bylaw No. 695 to bring it into compliance with the BC Structure Fire fighter Minimum Training Standards.
 
 
J. Rice/R. Hardy: THAT Bylaw No. 695 being the “Northern Fire Service Areas Administration Bylaw No. 695, 2022” be amended as outlined in Appendix A of the staff report dated April 25, 2024, and be read for first, second and third readings concurrently.
209Carried
 
D. Arbour/R. Hardy: THAT the agenda be varied to bring forward agenda item E.4 (Agricultural Land Reserve Non-Farm Use 8150 Island Highway / 2040 Dzini Road).
208Carried
 
AGRICULTURAL LAND RESERVE NON-FARM USE - 8150 ISLAND HIGHWAY / 2040 DZINI ROAD
 
 
D. Arbour/R. Hardy: THAT the report dated April 25, 2024 regarding an Agricultural Land Reserve application to allow a slaughter establishment whose capacity may be used for animals not raised on the same property be received. [Item
208 and 213Carried
 
J. MacLean, Senior Planner, provided an overview of the report regarding an Agricultural Land Reserve application to allow a slaughter establishment whose capacity may be used for animals not raised on the same property.

George Wiebe, applicant, was in attendance.
 
 
D. Arbour/R. Hardy: THAT the Agricultural Land Commission be advised that the Comox Valley Regional District supports Agricultural Land Reserve application ALR 5C 23 (Sturdi Construction Ltd.) concerning Lot 4, Block 29, Comox District, Plan 5224, except those parts in Plans 13319, 40101 and VIP78957 (8150 Island Highway / 2040 Dzini Road);

AND FINALLY THAT the application ALR 5C 23 (Sturdi Construction Ltd.) regarding non-farm use within the Agricultural Land Reserve be forwarded to the Agricultural Land Commission for final consideration.
208 and 213Carried
 
Chair Grieve vacated the chair in order to speak to rezoning (0942492 B.C. Ltd.) "400 Saratoga". Vice-Chair Hardy assumed the chair at 10:18 am.
 
 
REZONING (0942492 B.C. LTD.) “400 SARATOGA PROPERTIES”
 
 
D. Arbour/R. Hardy: THAT the report dated May 2, 2024 regarding a proposed zoning amendment, including its associated replacement of a Master Development Agreement and creation of a new local service area be received. [Item
208 and 213Carried
 
J. MacLean, Senior Planner, provided an overview of the report regarding a proposed zoning amendment, including its associated replacement of a Master Development Agreement and creation of a new local service area.

Kevin Brooks, McElhanney, agent, and Marshall Goossen, applicant, were in attendance.
 
 
D. Arbour/R. Hardy: THAT the application to rezone Lot A, Block 29, Comox District, Plan 3865, except parts in various plans, PID 003-887-651 (Unaddressed lot off Mclarey Ave) and Lot C, Block 29, Comox District, Plan 11527, PID 005-053-170 (8840 Island Hwy N) which would have enabled subdivision and development to create up to 544 dwelling units, be denied.
208 and 213CarriedNAY: E. Grieve
 
Director Rice left the meeting at 11:09 am.

The committee recessed at 11:09 am and reconvened at 11:16 am.

Chair Grieve resumed the role of presiding member at 11:16 am.
 
 
RESIDENTIAL DENSITY IN EXCEPTION ZONES
 
 
D. Arbour/R. Hardy: THAT the report dated May 1, 2024 regarding initiating a zoning amendment affecting several lots to bring them into compliance with recent housing-related changes to the Local Government Act (LGA) be received. [Item
208 and 213Carried
 
J. MacLean, Senior Planner, provided an overview of the report regarding initiating a zoning amendment affecting several lots to bring them into compliance with recent housing related changes to the Local Government Act.
 
 
R. Hardy/E. Grieve: THAT Bylaw No. 828, being the “Rural Comox Valley Zoning Bylaw No. 520, 2019, Amendment No. 17”, (attached as Appendix A to the staff report dated May 1, 2024) which amends Part 1300 (Exceptions to Zone Designations) to permit the residential density required by the Local Government Act, be given first, second, and third readings concurrently.
208 and 213CarriedNAY: D. Arbour
 
MT. WASHINGTON SHORT-TERM RENTAL ACCOMMODATION SERVICE ZONING AMENDMENT
 
 
D. Arbour/R. Hardy: THAT the report dated May 2, 2024 regarding amendments to Bylaw No. 520, being the “Rural Comox Valley Zoning Bylaw, No. 520, 2019” related to Mt. Washington short-term rental accommodation service be received. [Item
208 and 213Carried
 
S. Pawluk, Planner II, provided an overview of the report regarding amendments to Bylaw No. 520, being the “Rural Comox Valley Zoning Bylaw, No. 520, 2019” related to Mt. Washington short-term rental accommodation service.
 
 
D. Arbour/R. Hardy: THAT the agency referral list outlined in Appendix A of staff report dated May 2, 2024 be endorsed and that staff be directed to start the external agency referral process as part of a proposed amendment (RZ 1C 24) of Bylaw No. 520, being the “Rural Comox Valley Zoning Bylaw, No. 520, 2019”, being an amendment to the Mt. Washington Comprehensive Development Zone (MTW-CD) that adds “Mt. Washington short-term rental accommodation service” as a principal use in the Resort Accommodation (RA) and Resort Facilities (RF) Districts in the Mt. Washington Comprehensive Development Zone (MTW-CD) zone, adds “Residential use” as a permitted accessory use in the RA and RF Districts, amends the “tourist accommodation” definition, and removes “hostel”, “lodge” and “resort condominium” from the RF District;

AND FURTHER THAT First Nations be consulted in accordance with the referral management program dated September 25, 2012.
208 and 213Carried
 
INVASIVE PLANT SPECIES MANAGEMENT
 
 
E. Grieve/R. Hardy: THAT the report dated April 11, 2024 regarding invasive species management in the electoral areas be received. [Item
209Carried
 
M. Hart, Parks Planner, presented an overview of the report regarding invasive species management in the electoral areas. [Item
 
 
PROPOSED ELECTORAL AREAS WEED CONTROL BYLAW NO. 764
 
 
D. Arbour/R. Hardy: THAT the report dated April 11, 2024 regarding updates to Bylaw No. 764 being “Comox Valley Regional District Weed Control Regulation Bylaw No. 764, 2024” be received. [Item
209Carried
 
M. Hart, Parks Planner, presented information regarding updates to Bylaw No. 764 being “Comox Valley Regional District Weed Control Regulation Bylaw No. 764, 2024”. [Item
 
 
D. Arbour/R. Hardy: THAT Bylaw No. 764 being “Comox Valley Regional District Weed Control Regulation Bylaw No. 764, 2024”, as attached to the staff report dated April 11, 2024, be given first, second, and third readings concurrently.
209Carried
 
D. Arbour/R. Hardy: THAT staff prepare the necessary amendments for the following bylaws to reflect the new weed control bylaw as outlined in the staff report dated April 11, 2024:
• Bylaw No. 104 being “Comox Valley Regional District Municipal Ticket Information Bylaw No. 104, 2010”;
• Bylaw No. 679 being “Comox Valley Regional District Bylaw Adjudication Ticketing Bylaw No. 679, 2021”.
209Carried
 
PROPOSED AMENDMENTS - ELECTORAL AREAS PARKS REGULATIONS BYLAW
 
 
D. Arbour/R. Hardy: THAT the report dated April 30, 2024 regarding amendments to the electoral areas parks regulations bylaw be received. [Item
209Carried
 
M. Hart, Parks Planner, provided information regarding amendments to the electoral areas parks regulations bylaw.
 
 
D. Arbour/R. Hardy: THAT the 27.3 hectares (19.56 acres) of land which is legally described as Lot 7 and 8, Block 29, Comox District, Plan 9836 (PID: 005-400-422 and 005-400-279) and acquired as park be added to Bylaw No. 103 being “Electoral Areas Parks Regulations Bylaw No. 103, 2010”;

AND FURTHER THAT this park be referred to as Conservation Area 9836 until a final name is determined;

AND FINALLY THAT the Comox Valley Regional District including park naming as part of a request to discuss parks management planning with Chief and Council at a future meeting.
209Carried
 
D. Arbour/R. Hardy: THAT the 12.77 hectares (33.55 acres) of land which is legally described as RRW (Condensory Extension Road dedication) and RRW (Sturgess Road dedication), Plan VIP205RW over which the Comox Valley Regional District was awarded a 30-year Licence of Occupation to operate as a trail be added to Bylaw No. 103 being “Electoral Areas Parks Regulations Bylaw No. 103, 2010” as part of the One Spot Trail.
209Carried
 
D. Arbour/R. Hardy: THAT Schedule A of Bylaw No. 103 being “Electoral Areas Parks Regulations Bylaw No. 103, 2010” be amended to include Wildwood Marsh conservation area which was acquired as a park in 2004.
209Carried
 
D. Arbour/R. Hardy: THAT Schedule B(2) of Bylaw No. 103 being “Electoral Areas Parks Regulations Bylaw No. 103, 2010” be amended to include Conservation Area 9836.
209Carried
 
The committee recessed at 12:03 pm and reconvened 12:29 pm.
 
 
OPERATIONAL UPDATE – COMMUNITY PARKS
 
 
D. Arbour/R. Hardy: THAT the report dated April 25, 2024 regarding the status of ongoing community parks projects be received. [Item
209Carried
 
M. Harrison, Manager of Parks, presented information regarding the status of ongoing community parks projects. [Item
 
 
ROYSTON SEASIDE TRAIL VIEWING PLATFORM OPTIONS
 
 
D. Arbour/R. Hardy: THAT the report dated April 25, 2024 regarding the Royston Seaside Trail viewing platform be received. [Item
209Carried
 
M. Harrison, Manager of Parks, presented information regarding the Royston Seaside Trail viewing platform. [Item
 
 
D. Arbour/R. Hardy: THAT the matter regarding the Royston Seaside Trail viewing platform be referred to staff to work towards community engagement in Royston around the future of the viewing platform, a boat launch and connectivity/active transportation amenities.
209Carried
 
DENMAN OUTDOOR SHELTER FUNDING
 
 
D. Arbour/R. Hardy: THAT the report dated May 1, 2024 regarding additional funding of $20,000 to Denman Island Community Education Society to help complete phase 1 of the Denman outdoor covered shelter project be received. [Item
208Carried
 
D. DeMarzo, General Manager of Community Services, provided an overview of the report regarding additional funding of $20,000 to Denman Island Community Education Society to help complete phase 1 of the Denman outdoor covered shelter project.
 
 
R. Hardy/D. Arbour: THAT the 2024-2028 financial plan for function 675, Denman Island Community Facilities Service, be amended to include an operating grant to the Denman Island Community Education Society in the amount of $20,000 to support the completion of phase 1 of the outdoor covered shelter project, with funding coming from COVID-19 Safe Restart Grant.
207Carried
 
INCLUDE SEAL BAY PARK IN THE GREATER MERVILLE FIRE PROTECTION SERVICE AREA
 
 
D. Arbour/R. Hardy: THAT the report dated May 2, 2024 regarding direction to include Seal Bay Park in the Merville Fire Protection Area be received. [Item
209Carried
 
B. Green, Regional Rural Fire Chief, provided an overview of the report regarding direction to include Seal Bay Park in the Merville Fire Protection Area.
 
 
D. Arbour/R. Hardy: THAT staff prepare an amendment to Bylaw No. 484 being “Merville Fire Protection Service Establishment Bylaw No. 484, 2017” to include Seal Bay Nature Park and Forest in the Greater Merville Fire Protection Service Area, as outlined in the staff report dated May 2, 2024, for the board’s consideration of first, second, and third readings;

AND FURTHER THAT participating area approval for the amending bylaw be authorized to be given by electoral area director consent pursuant to section 347 of the Local Government Act;

AND FINALLY THAT the amendment to Bylaw No. 484 be subsequently forwarded to the Inspector of Municipalities for approval.
209Carried
 
D. Arbour/R. Hardy: THAT an annual contribution in the amount of $5,000 from the Baynes Sound, Area B and C Parks and Greenways Service, Function 621, to the Greater Merville Fire Protection Area service, Function 237, commence in 2025 to support fire protection services for Seal Bay Nature Park.
209Carried
 
IN-CAMERA:
D. Arbour/R. Hardy: THAT the committee adjourn to an in-camera session pursuant to the following sub-section of section 90 of the Community Charter:

90(1)(i) The receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
208Carried
 
Time: 1:17 pm.
 
 
RISE AND REPORT:
The committee rose from its in-camera session at 2:07 pm and reported the following:

 
 
"THAT the Board clarify that its resolution passed on March 12, 2024 in support of the floodplain exemption application FR 6A 23 (7866 Ships Point Road (Thwaites- Hobley)) is based on the typical approvals under S. 524(7)(b) of the Local Government Act, including reliance on third party qualified professionals, and not on its own determination under LGA s.524(7)(a) that the exemption is consistent with Provincial Guidelines;

AND FURTHER THAT a section 219 covenant that would indemnify the Comox Valley Regional District be prepared in the normal course in reliance of an approval based on s.524(7)(b) of the Local Government Act , and only if the author of the Base Geotechnical Inc. report, or Peer Review, confirms that the recommendations are consistent with Provincial Guidelines and provides the unqualified statement that the “land may used safely for the use intended”;

AND FURTHER THAT the Applicant be provided with an opportunity, if requested, to address this matter prior to consideration and confirmation by the Board."
 
 
TERMINATION:
D. Arbour/R. Hardy: THAT the meeting terminate.
208Carried
 
Time: 2:07 pm.
 
 
 Confirmed by:


____________________________________
Edwin Grieve
Chair
 
Certified Correct:


____________________________________
Lisa Dennis
Manager of Legislative Services
 
Recorded By:



____________________________________
Antoinette Baldwin
Legislative Services Assistant

These minutes were received by the Comox Valley Regional District Board on the ______ day of ______________, 20___.


Meeting Web Page