September 8, 2009 Council Meeting Minutes
Minutes of a Regular Council Meeting held in the City Hall Council Chambers, Courtenay B.C., on Tuesday, September 8, 2009 at 4:00 p.m.
Mayor: G. T. Phelps
Councillors: J. K. Ambler at 4:20 p.m.
L. V. Jangula
J. M. Presley
Staff: R. Wiwchar, Acting Administrator
J. Ward, Manager of Corporate Administration
T. Manthey, Director of Financial Services
P. Crawford, Director of Planning Services
K. Lagan, Director of Operational Services
N. Lamb, Deputy Fire Chief
J. Nelson, Manager of Finance
The meeting was called to order at 4:03 p.m.
Moved by Presley and seconded by Leonard that the minutes of the Regular Council meeting held August 17, 2009 be adopted.
Mayor Phelps presented Jennifer Nelson, Manager of Finance, with a Certificate in Local Government Service Delivery granted by the Province of British Columbia Board of Examiners.
Mayor Phelps announced that John Ward, Manager of Corporate Administration, has been granted the Certified Municipal Clerk (CMC) designation by the International Institute of Municipal Clerks.
1. Gordon Sprott, Island Honda
Gordon Sprott, Harry Whitfield, and Tyler Madsen representing Island Honda, outlined the application for Development Permit No. 0902 and Development Variance Permit No. 0907 to allow for the construction of a commercial building (automobile dealership) located at 1025 and 1065B Comox Road.
4.00 COMMITTEE/STAFF REPORTS
.01 Fire Report 650-20
Moved by Leonard and seconded by Presley that the Fire Report for August 2009 be received for information.
.02 DP no. 0902 DVP no. 0907 Island Honda
Moved by Theos and seconded by Presley
1. That Development Permit No. 0902, for an approximately 2020m2 commercial building located at 1025 and 1065b Comox Road (Lots A and B, both of Section 13 and 14, Comox District, Plan VIP82331), be issued subject to resolution of the outstanding conditions listed in Item #2 of this resolution, and subject to the conditions listed in Item #3 of this resolution.
2. That the following Outstanding Item be resolved in advance of issuance of Development Permit No. 0902:
a) Submission of a monitoring plan prepared by a QEP detailing required site visits to monitor site development, and submission of a planting plan prepared by a QEP for removal of invasive species and re-vegetation of the environmental setback areas to the satisfaction of the City.
3. That conditions of Development Permit No. 0902 be as follows:
a) Development in conformance with the plans and elevations contained in Attachment Nos. 2-4, including landscaping of the City-owned landscape island in accordance with the plan contained in Attachment No. 4;
b) Consolidation of Lot A and Lot B, both of Section 13 and 14, Comox District, Plan VIP82331 in advance of issuance of an occupancy permit;
c) Planting of 30 native trees (5 gallon pot) along the fisheries setback for the slough and Courtenay River generally in the location shown on the plan contained in Attachment No. 4 (tree species to be confirmed by QEP);
d) Signage must be in general conformance with the signage shown on the elevations contained in Attachment No. 3, and may be either halo lit or un-illuminated;
e) Submission of landscape security in the amount of (125% x $94,608.00) $118,260.00;
f) Landscaping must be completed within six months of the date of issuance of the occupancy permit by the City;
g) Compliance with the recommendations contained in the Environmental Impact Assessment dated January 30, 2009 and prepared by Caroline Rutledge, AScT, QEP as contained in the March 12, 2009 letter from Gordon Sprott, Owner’s Agent (as contained in Attachment No. 5);
h) Compliance with the provisions of the environmental monitoring plan and re-vegetation plan prepared by a QEP (as described in Item #2 of this resolution);
i) Submission of a security in the amount of $20,500.00 for environmental monitoring, invasive species removal and re-vegetation;
j) Installation of bird-friendly window treatment consisting of visual markers along the top 6 feet of the east-facing windows (the windows facing Comox Road) as shown in Attachment No. 5, to the satisfaction of a QEP;
k) Installation and use of bird-friendly site lighting as described in the August 20, 2009 letter from RB Engineering contained in Attachment No. 7 (any changes to the proposed lighting must be to the satisfaction of both the project QEP and the City). All building, site and sign lighting must be full cut off, flat lens in conformance with the City’s Dark Skies Policy;
l) In advance of removal of any hazard trees within the riparian setback areas, the owner must submit to the City an application for, and be issued a Tree Cutting Permit. The application for a Tree Cutting Permit must be supported by an assessment of the trees by an ISA Certified Arborist with certification in danger tree assessment and an assessment prepared by a QEP to the satisfaction of the City;
m) Stormwater management and erosion and sediment control in substantial conformance with the Drainage Plan and Sediment and Erosion Control Plan contained in Attachment No. 6;
n) Parking and loading areas must be developed in conformance with Zoning Bylaw No. 2500, 2007, Division 7, Off-Street Parking and Loading Spaced.
4. That subject to public input, Development Variance Permit No. 0907, to vary Zoning Bylaw No. 2500, 2007 Section 8.19.11, the Landscaping and Screening provisions of the C-2 Zone, from 7.5 metres of landscaping inside the property line adjacent to Island Highway to 3.0m of landscaping in the area in front of the existing Island Honda dealership building; and to vary Zoning Bylaw No. 2500, 2007, Section 8.19.11, the Landscaping and Screening provisions of the C-2 Zone from 2.0m in height and width to 1.0m in width for five parking spaces located at the north property line be issued subject to the following condition:
a) Development in conformance with the plans and elevations contained in Attachment Nos. 2-4, including landscaping of the City-owned landscape island in accordance with the plan shown in Attachment No. 4.
Carried with Councillor Jangula opposed
.03 Permissive Exemption Daycares 1960-20 (2010)
Moved by Presley and seconded by Leonard that Council receive the staff report regarding the impact of providing permissive exemption to properties used for children’s daycare for information purposes.
.04 2010 Permissive Exemptions 1960-20(2010)
Moved by Presley and seconded by Leonard that Council consider the proposed list of permissive exemptions from taxation and the proposed respective exemption terms and percentage exemption levels;
That Council direct staff to prepare the 2010 permissive tax exemption bylaws based on the list; and
That statutory notice of the proposed permissive exemption bylaws pursuant to Section 227 of the Community Charter be published for two consecutive weeks prior to final adoption of the bylaws.
The meeting recessed at 4:58 p.m. to conduct the public hearing in relation to Zoning Amendment Bylaw No. 2587, 2009.
The meeting reconvened at 5:21 p.m.
6.00 RESOLUTIONS OF COUNCIL
.01 Incamera mtg
Moved by Presley and seconded by Theos that under the provisions of Section 90(1)(n) of the Community Charter, notice is hereby given that a Special In-Camera meeting closed to the public, will be held September 8, 2009 at the conclusion of the Regular Council meeting.
7.00 UNFINISHED BUSINESS
Mayor Phelps inquired whether there were any members of the public wishing to make a submission regarding Development Variance Permit No. 0906, and there were none.
.01 DVP No. 0906 Kelly 3090-20-0906 3320-20-08573
Moved by Theos and seconded by Presley that Development Variance Permit No. 0906, to relax the following provisions of the City of Courtenay Subdivision Control Bylaw No. 1401 and amendments thereto; Section 23.(f) reversed curves in street alignment shall be separated by tangent lengths from a minimum length of 30.48 metres (100 feet) to 0.0; and Sections 28., 31. & 34., to defer the works and services required for the subdivision; for the property legally described as Lot 2, District Lot 230, Comox District, Plan 7444 Except Part in Plan VIP63753, be issued to John & Katherine Kelly, subject to the following conditions:
(a) That the developer enter into the following agreements with the City prior to subdivision approval:
i) Parkland Agreement for the Remainder of Lot 2, Plan 7444
ii) Encroachment Agreement for existing auxiliary building on proposed road allowance, and
iii) Covenant deferring ‘works and services’ until the development of the Remainder of Lot 2, Plan 7444.
(b) That the developer enter into an easement agreements(s) for the existing services to the house located on proposed Lot 1;
That as provided for in Section 938(6) of the Local Government Act, Council sets aside the requirements of the General Off-site Servicing Requirements Policy No. 3030.00.02 for this subdivision application; and
That the Mayor and Manager of Corporate Administration be authorized to sign all documentation relating to this subdivision.
9.00 NEW BUSINESS
.01 Councillor Theos Universal Water Metering
Moved by Theos and seconded by Jangula that Council forward the following resolution to the Comox Valley Regional District:
That Courtenay Council confirms that it will not participate in the Universal Water Metering Project until the water conservation initiatives, as laid out in the Comox Valley Regional District Draft Water Efficiency Plan, have been implemented and analyzed for effect; and
That Courtenay Council will not provide financing for the Courtenay share of the Universal Water Metering Project as currently provided for in the CVRD 2010 capital works plan; and
That Schedule “A” of the CVRD Bylaw No. 3077 being the “Comox Valley Water Supply System Bulk Water Rates Bylaw No. 2631, 2004 Amendment No. 4”, be revised to eliminate the 2010 increase of $0.06 per cubic metre, which is specifically collected and set aside for the Universal Water Metering Capital Project.
.02 Host Future AVICC Convention 390-20
Moved by Leonard and seconded by Ambler that approval be given for staff to submit an interest for the City to host the 2012 or 2013 AVICC convention.
.01 Bylaw No. 2585 Zoning amend housekeeping
Moved by Presley and seconded by Leonard that “Zoning Amendment Bylaw No. 2585, 2009” be finally passed and adopted.
.02 Bylaw no. 2587 Secondary Suite 6th st east
Moved by Leonard and seconded by Jangula that second reading of “Zoning Amendment Bylaw No. 2587, 2009” be rescinded.
Moved by Leonard and seconded by Theos that “Zoning Amendment Bylaw No. 2587, 2009” be amended with corrected “Attachment A” and pass second reading as amended.
Moved by Leonard and seconded by Ambler that “Zoning Amendment Bylaw No. 2587, 2009” pass third reading.
Carried with Councillor Jangula opposed
11.00 COUNCIL MEMBER ROUNDTABLE
Councillor Jangula reviewed his attendance at the Ocean Waves Square Dance.
Mayor Phelps outlined his attendance at the following events:
- Comox Valley Regional Growth Strategy Session
- 19 Wing Commander Garden Party
- Comox Valley Exhibition
- Harvest the Valley announcement
Moved by Jangula and seconded by Presley that the meeting now adjourn at 5:56 p.m.
Last Update :
Wednesday, January 30, 2013,9:55 AM
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