July 6, 2009 Council Meeting Minutes
Minutes of a Regular Council Meeting held in the City Hall Council Chambers, Courtenay B.C., on Monday, July 6, 2009 at 4:00 p.m.
Attending:
Mayor: G. T. Phelps
Councillors: L. V. Jangula
R-R. Leonard
J. M. Presley
M. Theos
Staff: S. Gray, Administrator
J. Ward, Manager of Corporate Administration
K. Lagan, Director of Operational Services
R. Wiwchar, Director of Community Services
T. Manthey, Director of Financial Services
P. Crawford, Director of Planning Services
The meeting was called to order at 4:00 p.m.
1.00 MINUTES
Moved by Presley and seconded by Jangula that the minutes of the Regular Council meeting held June 15, 2009 and the Committee of the Whole meeting held June 29, 2009 be adopted.
Carried
3.00 DELEGATIONS
1. Aniel Datoo and Douglas Hillian, Community Justice Centre
Aniel Datoo and Douglas Hillian reviewed the request by the Community Justice Centre for the City of Courtenay to sign the Critical Incident Response Protocol.
2. Jay Crowder, DVP 0903 – 907 4th Street
Jay Crowder reviewed that he was available for questions regarding the application for Development Variance Permit No. 0903 to permit the raising of a single residential dwelling with non-conforming siting.
3. Bob Stuve – DP with Variances – 170 Centennial Drive
Bob Stuve reviewed that he was available for questions regarding the application for Development Permit with Variances No. 0904 for the construction of a 21-unit townhouse complex at 170 Centennial Drive.
4. Hal Martyn – Zoning Amendment and DVP – 2300 20th Street
Hal Martyn reviewed the application for a Zoning Amendment and Development Permit to allow for a 6 lot subdivision at 2300 20th Street.
5. Scott Butler – DP Application 0902 – Holiday Inn Express
Scott Butler reviewed the application for Development Permit No. 0902 to allow an internally lit sign for the Holiday Inn Express located at 2200 Cliffe Avenue.
4.00 COMMITTEE/STAFF REPORTS
Olympic Torch Relay Provincial Funding
Moved by Presley and seconded by Leonard that the City make application for funding for the Olympic Torch Relay Community Grant Program.
Carried
Critical Incident Response Protocol
Moved by Presley and seconded by Theos that the report from the Administrator regarding the Comox Valley Critical Incident Response Protocol be received for information.
Carried
Moved by Theos and seconded by Leonard that the City sign the Comox Valley Critical Incident Response Protocol.
Defeated with Councillors Leonard and Theos in favour.
Application for DVP 0903 - 907 4th street
Moved by Presley and seconded by Leonard that notice be given to the adjacent property owners of proposed Development Variance Permit No. 0903 as outlined below, and that the application be returned to Council on July 20, 2009; and
That subject to public input, 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:
(a) The variances are to accommodate the raising of an existing single residential dwelling with non-conforming siting;
(b) Development must be in conformance with the plans and elevations contained in Attachment No. 2;
(c) 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
Application for Development Permit with Variances 170 Centennial Drive
Moved by Presley and seconded by Theos that notice be given to the adjacent property owners of the proposed Development Permit with Variances as outlined below and that the application be returned to Council at a meeting on July 20th, 2009; and
That subject to public input, and 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.
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
Amendment to Zoning Bylaw and Development Variance Permit 0901 – 2300 20th street
Moved by Theos and seconded by Jangula
1. That Council receive the application by Hal Martyn, R.F. Binnie and Associates (Gerry Larson Associates Ltd.) to amend Zoning Bylaw No. 2500, 2007 for the property legally described as 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, as shown in bold outline on Attachment No. 2;
2. That Bylaw No. 2575, (Zoning Amendment Bylaw No. 2575, 2009), to amend the Residential One D Zone (R-1D) to include “secondary suites” as a permitted use, and to rezone from Residential Two A Zone (R-2A) to Residential One D Zone (R-1D) the property legally described as 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, as shown in bold outline on Attachment No. 2 proceed to First and Second Reading;
3. That Council direct staff to schedule and advertise a statutory public hearing with respect to Zoning Amendment Bylaw No. 2575, 2009 on July 20, 2009 at 5:00 p.m. in City Hall Council Chambers;
4. That prior to consideration of adoption of Zoning Amendment Bylaw No. 2575, 2009, the applicant pay an amenity contribution in the amount of $1,000 per lot with area under 650 m2, and $1,500 per lot with area between 651 m2 and 800 m2 or at the applicant’s expense, that a Section 219 Covenant be executed by the applicant and the City and registered on title, for payment of the amenity contribution at time of subdivision;
5. That Council authorize the signatories of the City to execute the Section 219 Development Covenant.
6. That notice be given to the adjacent property owners of proposed Development Variance Permit No. 0901 as outlined below, and that the application be returned to Council on July 20, 2009;
7. That subject to public input, and 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
Development Permit Application Holiday Inn Express
Moved by Jangula and seconded by Presley that Development Permit No. 0915, to allow construction of an internally illuminated 3.35m high sign, 3.86 m² in area per side on the property legally described as Lot 1, Section 66, Comox District Plan VIP83758 (2200 Cliffe Avenue), as shown on the plans and elevations contained in Attachment No. 2, be denied.
Defeated with Councillor Leonard and Mayor Phelps in favour.
Moved by Theos and seconded by Jangula that Development Permit No. 0915, to allow construction of an internally illuminated 3.35m high sign, 3.86 m² in area per side on the property legally described as Lot 1, Section 66, Comox District Plan VIP83758 (2200 Cliffe Avenue), as shown on the plans and elevations contained in Attachment No. 2, be approved.
Carried with Councillor Leonard opposed.
Application for Development Variance Permit 0904 – 1891 Piercy Avenue
Moved by Presley and seconded by Leonard that notice be given to the adjacent property owners of the proposed Development Variance Permit No. 0904 as outlined below, and that the application be returned to Council on July 20, 2009; and
That subject to public input, 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
Water Regulations and Rates Amendment Bylaw 2584
Moved by Leonard and seconded by Presley that “Water Regulations and Rates Amendment Bylaw No. 2584, 2009” proceed to first, second and third reading.
Carried
Strata Conversion 2209 Willemar Ave Habitat for Humanity
Moved by Jangula and seconded by Presley that Council approve the application for the strata conversion of 2209 Willemar Avenue which is an existing duplex; and
That the Mayor and Manager of Corporate Administration be authorized to sign the Strata Plan.
Carried
5.00 REPORTS AND CORRESPONDENCE FOR INFORMATION
Heritage Committee Minutes
Moved by Theos and seconded by Presley that the Heritage Committee meeting minutes of May 27 and June 10, 2009 be received for information.
Carried
Moved by Leonard and seconded by Jangula that Council lobby the Comox Valley MLA to communicate with the Heritage Branch regarding the importance of the City funding application for the second phase of the City Heritage Register.
Carried
9.00 NEW BUSINESS
Mayor Open Door Session
Mayor Phelps reviewed that he will be initiating public open door sessions with the Mayor from 9:00 a.m. to noon twice per month. More information to come.
BC Hydro re kayaks
Moved by Presley and seconded by Jangula that Council request that a BC Hydro representative attend a future Council meeting to discuss the issue of water supply and increased river flows for recreational use such as kayaks.
Carried
10.00 BYLAWS
Bylaw No. 2575
Moved by Theos and seconded by Presley that “Zoning Amendment Bylaw No. 2575, 2009” pass first and second reading.
Carried
Bylaw No. 2584
Moved by Leonard and seconded by Presley that “Water Regulations and Rates Amendment Bylaw No. 2584, 2009” pass first second and third reading.
Carried
11.00 COUNCIL MEMBER ROUNDTABLE
Mayor Phelps reviewed his attendance at the following events:
Ø July 1st celebrations. Mayor Phelps congratulated Councillor Jangula and the July 1st Committee for the excellent celebration.
Ø Meeting with RCMP Vancouver Island Chief Superintendent Randy Wilson
Councillor Theos outlined his attendance at the following events:
Ø July 1st celebrations
Ø Grand Opening of the Seniors’ Fit Park
Councillor Jangula outlined his attendance at the July 1st celebrations. Councillor Jangula expressed his appreciation to Tillie Manthey, Randy Wiwchar and City staff for their excellent efforts regarding July 1st. He also thanked Mayor and Council members for attending.
Councillor Presley outlined his attendance at the July 1st celebrations.
Councillor Leonard outlined her attendance at the following events:
Ø Aboriginal Day
Ø July 1st celebrations
12.00 ADJOURNMENT
.01
Moved by Presley and seconded by Jangula that the meeting now adjourn at 6:00 p.m.
Carried
CERTIFIED CORRECT
Manager of Corporate Administration
Adopted this 20th day of July, 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