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July 21, 2008 Council Meeting Minutes


Minutes of a Regular Council Meeting held in the City Hall Council Chambers, Courtenay B.C., on Monday, July 21, 2008 at 4:00 p.m.
 
Attending:
Mayor:                S. L. Winchester
Councillors: L. V. Jangula
R-R. Leonard
D. S. McRae
G.T. Phelps
J. M. Presley
M. Theos
                                     
Staff:  S. T. Gray, Administrator
S. Karvalics, Executive Assistant
K. Lagan, Director of Operational Services
R. Wiwchar, Director of Community Services
P. Crawford, Director of Planning Services
T. Manthey, Director of Financial Services
N. Henderson, Planner
                                                                                                                       
The meeting was called to order at 4:00 p.m. 
1.00 MINUTES 
 

           Moved by Phelps and seconded by Jangula that the minutes of the Regular Council meeting held July 7, 2008 be adopted.
Carried 

Mayor Winchester approved the addition of two late items.
 
3.00  DELEGATIONS
 
1.         Rob Roycroft, Regional Growth Strategy Project Memorandum of Understanding
 
            Rob Roycroft, Manager of Special Projects and Long Range Planning gave a brief         presentation on the Regional Growth Strategy Project-Memorandum of Understanding on  Interim Management of Planning Development Initiatives between the Village of   Cumberland, the Town of Comox, the City of Courtenay and the Comox Valley Regional   District.
           
order of business
            Moved by Jangula and seconded by Phelps that the order of business be amended to consider the Regional Growth Strategy Project-Memorandum of Understanding.
Carried
 
Regional Growth Strategy Memorandum of Understanding
 
            Moved by McRae and seconded by Jangula that the Regional Growth Strategy Project-Memorandum of Understanding between the Village of Cumberland, the Town of Comox, the City of Courtenay and the Comox Valley Regional District be approved.
Carried Unanimously
 
 
2.         Martin Reader, Volleyball Tournament
 
Martin Reader, professional volleyball player gave an update on the upcoming Lighthouse Beach Bash Volleyball tournament taking place on July 26 and 27 at Standard Park.  Mr. Reader advised that this is a very exciting event and that eight of the best North American teams will be taking part in the tournament. 
 
3.         Bruce Langlands, Rezoning Application, 1941 Tull Avenue
 
Bruce Langlands, applicant for the rezoning application at 1941 Tull Avenue gave Council an update on his application and to answer any questions.
 
4.00  COMMITTEE/STAFF REPORTS
 
Infrastructure Planning Grant E&N Rail-with-Trail
 
            Moved by Leonard and seconded by Phelps that Council support the preparation of a rail-with-trail feasibility study for the E&N Railway Corridor in partnership with the other local and regional government jurisdictions in the Comox Valley.
 
That Council approve the submission of a grant application for $10,000 to the Ministry of Community Services for a feasibility study for constructing a ‘rail-with-trail’ within the E&N railway corridor which extends from the railway terminus at the Puntledge River through to the southern Regional District boundary and the associated community connector routes.
Carried        
                                                                
Zoning Amendment Langlands
 
            Moved by McRae and seconded by Leonard that Council deny the application by Bruce Langlands to rezone from Residential Two Zone (R-2) to Residential One D Zone (R-1D) for the property legally described as Lot G, District Lot 104, Comox District, Plan 21616 (1941 Tull Avenue).
Motion Defeated with Councillor Jangula voting in favour
 
            Moved by Leonard and seconded by Phelps that in advance of any bylaws being brought forward for Council’s consideration, the applicant must make application for a Development Variance Permit to relax the minimum frontage of the R-1D zone from 16.0 metres to 12.7 metres;
 
That in advance of consideration of adoption of bylaws, at the applicant’s expense, a covenant prepared by the City’s lawyer be registered on title, the conditions of which include:
 
a)         In advance of issuance of a building permit, submission of plans to the City’s satisfaction for any new building on either lot, in  accordance with the guidelines contained in Schedule No. 4;
b)         In advance of subdivision, payment of an amenity contribution in the amount of $1,000.
Carried
 
Subdivision Servicing Agree 0800471 BC Ltd
 
            Moved by Theos and seconded by Presley  that Council approve the Subdivision Servicing Agreement for the subdivision of Lot 2, Section 67, Comox District, Plan VIP84915;
 
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
 
5.00  REPORTS AND CORRESPONDENCE FOR INFORMATION
 
Police Report
 
            Moved by Jangula and seconded by Phelps that the Police Report for June 2008 be received for information.
Carried
 
NIC Funding
            Moved by Phelps and seconded by Presley that the response from the Minister of Advanced Education regarding funding for North Island College be received for information.
Carried
 

6.00  RESOLUTIONS OF COUNCIL
 
            Moved by Presley and seconded by Phelps that under the provisions of Section 90(1)(c)(g) of the Community Charter, notice is hereby given that a Special In-Camera meeting closed to the public, will be held July 21, 2008 at the conclusion of the Regular Council Meeting.
Carried
 
7.00  UNFINISHED BUSINESS
 
DVP No. 0810 Monette
 
            Moved by  McRae and seconded by Presley that Development Variance Permit No. 0810, to relax the following provisions of the Residential Two Zone (R-2) of the City of Courtenay Zoning Bylaw No. 2500, 2007:  minimum width of a building envelope for a duplex from 14.0m to 12.25m; the minimum rear yard setback for a principal building from 9.0m to 6.6m; and the minimum front yard setback for the R-2 Zone from 7.5m to 6.6m for the property legally described as Lot 1, Section 79, Comox District, Plan 29442, be issued to Suzanne Monette, subject to the following:
 
1. Outstanding conditions requiring resolution in advance of issuance of  Development Variance Permit No. 0810 as follows:
    (a)    Submission of revised building elevations to the satisfaction of the City.
2. Conditions of Development Variance Permit No. 0810 as follows:
    (a)    Development in accordance with the plan contained in Schedule No. 3, and the elevations contained in Schedule No. 2 (revised as requested by the City);
    (b)    That in advance of the issuance of a building permit, that the applicant and City sign a restrictive covenant restricting removal of,  or damage to, existing mature trees in excess of 0.2m DBH on the   property; notwithstanding the no removal clause, removal may be  permitted where an owner provides the City with a satisfactory report prepared by a certified arborist determining that a tree is hazardous; and where a tree is removed or otherwise dies, the tree  must be replaced with a tree of the size, species and characteristics determined by the City.
 
That Council authorize the signatories of the City to execute the covenant.
Carried
 
DP No. 0703 170 Centennial Dr
 
            Moved by Presley and seconded by McRae that Development Permit with Variances No. 0703 be issued to allow the construction of a 25 unit townhouse complex at 170 Centennial Drive, as illustrated in Schedule Nos. 1-4 including the following variances to Zoning Bylaw 2500, 2007;
 
a) Vary the minimum front yard setback from 7.5m to 4.5m;
b) Vary the minimum south side yard setback from 7.5m to 6.0m;
c) Vary the 7.5 minimum landscaped area adjacent to the east property line (Ryan Road) to 1.9m adjacent to the “Roadway A” turnaround, to 0.9m  adjacent to the “Roadway B” hammerhead turnaround and garbage and   recycling area (as shown on the “Development Variance Areas” plan    contained in Schedule No. 4);
d) Vary the minimum landscape buffer area adjacent to the north property  line (adjacent to the existing single residential dwellings) from 2.0m to 0.6m;
e) Vary the minimum parking spaces from 38 spaces to 35 spaces.
 
That prior to issuance of Development Permit with Variances No. 0703, the following Outstanding Items be provided to the satisfaction of the City:
 
a) Revised site and grading plan reflecting area of proposed turn-arounds;
b) Revised elevation showing windows/window glass in all box windows adjacent to Centennial Drive (rather than utility boxes); relocation of the utility boxes so that they are not prominently visible from the road;
c) Revised landscape plan consistent with the landscape plan contained in  Schedule No. 5, the project site plan, and a revised budget (including cost  for the play structure)-landscape plan to show location and screening of utilities, as well as replacement of Western Red Cedar hedge along the     north property boundary with Emerald Cedar; landscape plan must     specify minimum depth of topsoil or amended organic soil on all     landscaped areas as follows:  shrubs – 450mm; groundcover and grass –     300mm; trees – 300mm around and below the root ball;
d) Detail showing privacy divider between unit doors;
e) Detail for decorative concrete driveway dividers to the City’s satisfaction;
That conditions of Development Permit with Variances No. 0703 be as follows:
a) Submission of a stormwater management plan prepared by a Professional  Engineer in compliance with the City’s stormwater management policies and the City’s Water Balance Model, to the City’s satisfaction;
b) Each Visitor Parking space to be clearly marked in paint as “visitor parking;”
c) 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;

 
d) Minimum depth of topsoil or amended organic soil on all landscaped areas as follows:  shrubs 0 450mm; groundcover and grass – 300mm;  trees - 300mm around and below the root ball;
e) 0.9m high Grey Cultured Rock decorative facing (defined by burgundy trim) along the entire side of all buildings adjacent to the “Ryan Road  property line,” as well as the “Centennial Road property line;”
f)  Building materials and colours for all buildings as specified on Schedule  No. 3, Sheet No. 2;
g) Submission of bonding for landscaping in the amount of 125% of the City  approved cost estimate;
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.
 
Subsidiary Motion
 
            Moved by Phelps and seconded by Presley that the recommendation be referred to the next regular meeting of Council and staff discuss with the applicant making some modifications to the Development Permit application related to the number of units and road egress and access.
Carried
 
9.00  NEW BUSINESS
 
Electric Cars
            Moved by McRae and seconded by Phelps that staff prepare a report to Council on the feasibility of entertaining a bylaw that will allow electric vehicles within the City and  investigate the possibility that future developments include plug in outlets for electric cars.  
Carried
 
6th Street Advance Light
            Kevin Lagan, Director of Operational Services has no update at this time concerning the advance traffic light at 6th and Cliffe Avenue.
 
 Recess
 
            Moved by Phelps and seconded by Presley that the meeting adjourn at 5:00 p.m. to conduct a Public Hearing.
Carried
 
The meeting reconvened at 5:09 p.m.
 
10.00  BYLAWS
 
Bylaw No. 2549 Mail Ballot
            Moved by Jangula and seconded by Presley that “Mail Ballot Authorization and Procedures Bylaw No. 2549, 2008” be finally passed and adopted.
Carried
 

Bylaw No. 2548 Council Remuneration
 
            Moved by Presley and seconded by Phelps that “Council Remuneration Bylaw No. 2548, 2008” be finally passed and adopted.
Carried
 
 
FOR THIRD READING AFTER PUBLIC HEARING
 
Bylaw No. 2546 Zoning amendment
            Moved by McRae and seconded by Jangula that “Zoning Amendment Bylaw No. 2546, 2008” pass third reading.
Carried
 
Bylaw No. 2547 Zoning Amendment
            Moved by Theos and seconded by McRae that “Zoning Amendment Bylaw No. 2547 2008” pass third reading.
Carried
 
11.00  COUNCIL MEMBER ROUNDTABLE
 
Councillor McRae reviewed his attendance at the following events:
Ø      Ross Burchill documentary film
Ø      C.V. Foodbank Christmas in July
Ø      Shelter Point Distillery
Ø      Filberg Centre 20th Anniversary
Ø      Youth Justice Meeting
Ø      C.V. Regional District Committee of the Whole Meeting
Ø      Meeting with Minister Penner
Ø      Affordable Housing Strategy Meeting
 
Councillor Leonard reviewed her attendance at the Filberg Centre 20th Anniversary 
 
Mayor Winchester reviewed her attendance at the following events:
Ø      Filberg Centre 20th Anniversary
Ø      Shelter Point Distillery
Ø      C.V. Regional District Committee of the Whole Meeting
Ø      Meeting with HMCS Lt. Commander Martin Packer
 

12.00   ADJOURNMENT
 
            Moved by Presley and seconded by Phelps that the meeting now adjourn at 5:16 p.m.
Carried     
 
CERTIFIED CORRECT 
                                                                       
Manager of Corporate Administration
 
 
Adopted this 5th day of August, 2008
 
 
                                                                       
Mayor
 
 
 
 

Last Update : Tuesday, September 07, 2010,10:10 AM

 
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