July 20,2009 Council Meeting Minutes
Minutes of a Regular Council Meeting held in the City Hall Council Chambers, Courtenay B.C., on Monday, July 20, 2009 at 4:00 p.m.
Attending:
Mayor: G. T. Phelps
Councillors:
J. K. Ambler
L. V. Jangula
R-R. Leonard
J. M. Presley
M. Theos
Staff: S. Gray, Administrator
J. Ward, Manager of Corporate Administration
R. Wiwchar, Director of Community Services
T. Manthey, Director of Financial Services
P. Crawford, Director of Planning Services
D. Bardonnex, Fire Chief
The meeting was called to order at 4:00 p.m.
1.00 MINUTES
.01
Moved by Presley and seconded by Jangula that the minutes of the Regular Council meeting held July 6, 2009 be adopted.
Carried
3.00 DELEGATIONS
1. Stephen Watson, BC Hydro, re: Increased River Flows
Stephen Watson of B.C. Hydro provided an update regarding the Comox Dam facility and operations. He also reviewed issues relating to fish migration, water supply, reservoir levels and recreational opportunities on the Puntledge River.
2. Mike Fournier, Emergency Coordinator re: Emergency Program
Mike Fournier, Comox Valley Emergency Coordinator, provided an update regarding the Comox Valley Emergency Program including the mandate and structure of the organization. He also outlined the volunteer organizations involved in the program, goals for emergency preparedness, staff training and 2009 projects.
3. Don Castledon, Estuary Working Group, re: Courtenay River Estuary
Don Castledon provided an update of the Estuary Working Group and expressed that a collaborative partnership is needed to co-ordinate efforts to protect and restore the Courtenay Estuary.
4.00 COMMITTEE/STAFF REPORTS
Notice on Title 1976 Back Road
Moved by Presley and seconded by Jangula that pursuant to Section 57(3) of the Community Charter, Council direct the Corporate Officer to file a notice in the Land Title Office against the property legally described as Lot 8, Section 9, Plan 47868-PID 012-995-878 located at 1976 Back Road which states:
(a) a resolution relating to the lands has been made under section 57 of the Community Charter, and
(b) further information about it may be inspected at the municipal hall.
Carried
Fire Report
Moved by Theos and seconded by Ambler that the Fire Report for June 2009 be received for information.
Carried
Recess
Moved by Presley and seconded by Theos that the meeting now adjourn at 4:58 p.m. to conduct the Public Hearing in relation to Zoning Amendment Bylaw No. 2575, 2009.
Carried
The meeting reconvened at 5:12 p.m.
Building Activity Report
Moved by Presley and seconded by Jangula that the Building Permit Report for June 2009 be received for information.
Carried
Subdivision Servicing Agreement 2817 Lupton Road
Moved by Theos and seconded by Presley that Council approve the Subdivision Servicing Agreement for the subdivision of Lot A, Section 17, Comox District, Plan 50192;
That the required security be provided to the City prior to subdivision approval; and
That the Mayor and Manager of Corporate Administration be authorized to sign all documentation relating to this development.
Carried
2010/11 RCMP Contract
Moved by Jangula and seconded by Leonard that Council grant “approval in principle” to the 2010/11 Municipal Contract Policing Resource request in the amount of $3,860,205 representing 90% of the contract cost for an established strength of 28.40 members.
Carried
5.00 REPORTS AND CORRESPONDENCE FOR INFORMATION
Heritage Committee Minutes
Moved by Leonard and seconded by Presley that the Heritage Committee meeting minutes of June 24, 2009 be received for information.
Carried
Police Report
Moved by Presley and seconded by Jangula that the Police Report for June 2009 be received for information.
Carried
7.00 UNFINISHED BUSINESS
Mayor Phelps inquired if there were any members of the public wishing to make a submission regarding Development Variance Permit No. 0903 and there were none.
Application for Development Variance Permit No. 0903 - 907 4th street
Moved by Leonard and seconded by Theos that Development Variance Permit No. 0903, to vary Section 8.2.7 (1) of the City of Courtenay Zoning Bylaw No. 2500, 2007 the minimum front yard setback of the Residential Two Zone from 7.5 m to 5.2 m and Section 8.2.7 (3) of the City of Courtenay Zoning Bylaw No. 2500, 2007, the minimum side yard setback of the Residential Two Zone from a total of 4.5 m to a total of 2.9 m (1.24 m east side yard setback, and 1.74 m west side setback) for the property legally described as Lot 2, Block C, District Lot 127, Comox District, Plan 1447 (907 4th Street), be issued to Lindsay Sterk and Nicole Burgess, subject to the following conditions:
1. The variances are to accommodate the raising of an existing single residential dwelling with non-conforming siting;
2. Development must be in conformance with the plans and elevations contained in Attachment No. 2;
3. Retention of existing trees shown on the plan contained in Attachment No. 2. In advance of any development, including site grading or vegetation removal, installation of snow fencing at the dripline of the trees to be preserved; no construction material or waste or temporary soil deposits may be placed, deposited or stored within the dripline of trees to be retained. Removal of trees may be permitted where an owner provides the City with a satisfactory report prepared by a certified arborist determining that the tree is hazardous; and where a tree is removed or otherwise dies; the tree must be replaced by a tree of the size, species and characteristics determined by the City.
Carried
Mayor Phelps inquired if there were any members of the public wishing to make a submission regarding Development Permit with Variances No. 0904 and there were none.
Application for Development Permit with variances - 170 Centennial Drive
Moved by Presley and seconded by Theos that subject to resolution of the Outstanding Items listed in Attachment No. 2 of the July 6, 2009 Planning Report on DP No. 0904 to the satisfaction of the City, Development Permit with Variances No. 0904 be issued to allow the construction of a 21-unit townhouse complex at 170 Centennial Drive, as shown on the plans and elevations contained in Attachment Nos. 3-6 (as revised) including the following variances to Zoning Bylaw No. 2500, 2007;
a) Vary Section 8.15.6 (1), the minimum front yard setback for the MU-3 Zone from 7.5 m to 4.5 m;
b) Vary Section 8.15.6 (3), the minimum side yard setback for the MU-3 Zone from 7.5 m to 5.4 m for the south side yard;
c) Vary Section 8.15.11 (1), the minimum landscaped area adjacent to Ryan Road (the east property line) from 7.5 m to 2.8 m adjacent to the “Roadway A” turnaround, and from 7.5 m to 3.5 m adjacent to the “Roadway B” hammerhead turnaround (as shown on the “Development Variance Areas” plan contained in Attachment No. 5);
d) Vary Section 7.1.8 (2), the minimum width of a parking space for persons with a disability from 4.0 m in width to 2.75 m in width.
2. That conditions of Development Permit with Variances No. 0904 be as follows:
a) Development in conformance with the plans and elevations contained in Attachment Nos. 3-6, revised in accordance with the Outstanding Items contained in Attachment No. 2;
b) In advance of any development, including site grading or vegetation removal, installation of snow fencing at the dripline of any existing tree stand within the Ryan Road ROW that may be impacted by development; no construction material or waste or temporary soil deposits may be placed, deposited or stored within the dripline of trees to be retained;
c) Each Visitor Parking space to be clearly marked in paint as “visitor parking;”
d) Parking space 38 must be marked with the International Symbol of Accessibility;
e) All exterior lighting to be Full Cut Off/Flat Lens luminaries, consistent with City policy # 5240.00.01 - pole lights must be designed to minimize impact on adjacent single residential dwellings; submission of design detail for pole lights to the City’s satisfaction;
f) Submission of bonding for hard and soft landscaping (including playground structure and fencing) in the amount of 125% of the City-approved cost estimate; and
g) That if the permit holder has not substantially commenced any construction to which the permit was issued within twelve (12) months after the date it was issued, the permit lapses.
Carried
Mayor Phelps inquired if there were any members of the public wishing to make a submission regarding Development Variance Permit No. 0901.
1. Hal Martyn, representing the applicant, reviewed the following points:
Ø Lambert Drive was planned to be extended and the developer is required to build the road
Ø Recommendations of the Biologist and DFO regarding setbacks must be followed, and if further requirements are imposed, the property could not be developed
Development Permit No. 0901 - 2300-20th st
Moved by Theos and seconded by Presley that subject to successful adoption of Bylaw No. 2575 (Zoning Amendment Bylaw No. 2575, 2009), Development Variance Permit No. 0901, to vary section 8.1.39 of the City of Courtenay Zoning Bylaw No. 2500, 2007, the minimum lot frontage provisions of the Residential One D Zone (R-1D) from 16.0 metres to 15.2 metres, and to vary Section 6.5.3 of the City of Courtenay Zoning Bylaw No. 2500, 2007, the minimum setback from a watercourse, from 15.0 m from the natural boundary of the watercourse to 9.0 m from the northeast lot line for the property legally Lot 3, District Lot 230, Comox District, Plan 7444 Lying to the North East of a Boundary Parallel to and Perpendicularly Distant 308 Feet from the North East Boundary of Said Lot Except that Part in Plan VIP73473, be issued to Gerry Larson Associates Ltd., Inc. No. 210403 subject to the following conditions:
(a) Frontage Variance is for proposed lots 2 and 3 only;
(b) Development must be in substantial compliance with the proposed plan of subdivision prepared by R.F. Binnie & Associates, dated March 24, 2009 as contained in Attachment No. 2;
(c) Compliance with the recommendations as contained in the June 30, 2009 Riparian Area Regulation Assessment prepared by Jeff Whetter, R.P. Bio., including any amendments, and deposit of $2,415 with the City as security for required environmental monitoring and preparation of a post-development report.
Carried
Mayor Phelps inquired if there were any members of the public wishing to make a submission regarding Development Variance Permit No. 0904 and there were none.
Application for Development Variance Permit No. 0904 – 1891 Piercy Avenue
Moved by Presley and seconded by Theos that Development Variance Permit No. 0904, to relax the following provisions of the Residential Two Zone (R-2) of the City of Courtenay Zoning Bylaw No. 2500, 2007; Section 8.2.6 (2) minimum width of a building envelope for a duplex from 14.0 metres to 13.814 metres for the property legally described as Lot 3, District Lot 104, Comox District, Plan VIP10461, be issued to McQueen Construction Ltd. subject to the following conditions:
(a) That development must be in accordance with the plan contained in Attachment No. 2 and the revised driveway siting plans contained in Attachment No. 3 (as requested by the City of Courtenay).
(b) That in advance of issuance of the building permit, the applicant signs the road dedication document for a 6 metre by 6 metre corner road dedication at the intersection of 19th Street and Piercy Avenue and a 3 metre by 3 metre corner road dedication at the intersection of Piercy Avenue and the lane adjoining the subject property.
Carried
9.00 NEW BUSINESS
Statement of Values
Moved by Jangula and seconded by Ambler that Council endorse the City of Courtenay Statement of Community Values.
Carried with Councillors Leonard and Theos opposed.
Public Forum
Moved by Leonard and seconded by Theos that Courtenay partner in a public forum to celebrate our diversity and to promote the end of racism and discrimination.
Carried
10.00 BYLAWS
Bylaw No. 2575 Zoning Amendment
Moved by Presley and seconded by Ambler that “Zoning Amendment Bylaw No. 2575, 2009” pass third reading.
Carried
Bylaw No. 2584 Water Rates Amendment
Moved by Theos and seconded by Presley that “Water Regulations and Rates Amendment Bylaw No. 2584, 2009” be finally passed and adopted.
Carried
11.00 COUNCIL MEMBER ROUNDTABLE
Councillor Leonard outlined her attendance at the following events:
Ø CV Cycling Task Force meeting
Ø CV Water Supply Commission meeting
Ø CV Regional District
Mayor Phelps reviewed his attendance at the following events:
Ø Community Rally at Sid Williams Theatre along with Councillor Leonard
Ø Blind Golf Tournament at Crown Isle
12.00 ADJOURNMENT
Moved by Jangula and seconded by Presley that the meeting now adjourn at 6:40 p.m.
Carried
CERTIFIED CORRECT
Manager of Corporate Administration
Adopted this 4th day of August, 2009
Mayor
Last Update :
Wednesday, November 18, 2009,8:31 AM
City of Courtenay, 830 Cliffe Avenue, Courtenay, B.C. V9N 2J7 Tel.(250) 334-4441 Fax. (250) 334-4241