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July 19, 2010 Council Meeting Minutes


Minutes of a Regular Council Meeting held in the City Hall Council Chambers, Courtenay B.C., on Monday, July 19, 2010 at 4:00 p.m.
 
Attending:
Mayor:                  G. T. Phelps              
Councillors:           J. K. Ambler
                             D. A. Hillian
                             R-R. Leonard
                             L. V. Jangula
                             J. M. Presley
                             M. Theos
                                     
 Staff:                  S. Gray, Administrator
                            J. Ward, Manager of Corporate Administration
                            P. Crawford, Director of Planning Services
                            T. Manthey, Director of Financial Services
                            G. MacKay, Senior Planner
                            K. MacDonald, Assistant Fire Chief
                                               
The meeting was called to order at 4:02 p.m. 

1.00 MINUTES 
 
          Moved by Presley seconded by Ambler that the minutes of the Regular Council meeting held July 5, 2010 be adopted.
Carried 
4.00  COMMITTEE/STAFF REPORTS
 
Fire Report

            Moved by Leonard and seconded by Presley that the Fire Report for June 2010 be received for information.
Carried
 
Cliffe Ave Land Disposition

          Moved by Theos and seconded by Hillian that subsequent to publication of notice, Council approve the disposition of property 85.1 square metres in size with a value of $21,250.00 legally described as Part of Lot 1, Section 68, Comox District, Plan 15512 as shown outlined in bold black on the reference plan prepared by M.J. Hansen, B.C.L.S. on the 24th day of June, 2010, a reduced copy of which is attached to this report as Schedule “A” to the Ministry of Transportation and Infrastructure in exchange for financial contributions towards the purchase of property to be vested in the name of the City.
Carried
 
Mayor’s Task Force on Bus Shelters update
 
Mayor Phelps reported that information is currently being gathered with plans for an August meeting. Concerns have been raised regarding the current location of the bus terminus.
 
Zoning Amendment 1911 Dogwood Drive

         Moved by Presley and seconded by Hillian that Council consider the application to amend Zoning Bylaw No. 2500, 2007 to rezone from Residential One Zone (R-1) to Residential One S Zone (R-1S) the property legally described as Lot 17, Block 2, Section 68, Comox District, Plan 16252 (1911 Dogwood Drive, the subject property);
That Zoning Amendment Bylaw No. 2627 to rezone from Residential One Zone (R-1) to Residential One S Zone (R-1S) the property legally described as Lot 17, Block 2, Section 68, Comox District, Plan 16252 proceed to 1st and 2nd reading; and
That Council direct staff to schedule and advertise a statutory public hearing with respect to Zoning Amendment Bylaw No. 2627 on August 16, 2010 at 5:00 p.m. in City Hall Council Chambers. 
Carried
 
Development Variance Permit No. 1003 Costco

          Moved by Presley and seconded by Jangula that notice be given to the adjacent property owners of proposed Development Variance Permit No. 1003 as outlined below, and that the application be returned to Council on August 3rd, 2010;
That subject to public input, Development Variance Permit No. 1003, to vary Section 6.4.2 of the City of Courtenay Sign Bylaw No. 2042, 1998, and amendments thereto, be issued, to allow an increase in sign area for fascia signs as follows:
1.   Fascia sign on south side of the proposed building from 9m2 to 25.47m2;
2.  Fascia sign on the south east side (main entrance sign) from 9m2 to 11.61m2;
3.  Fascia sign on the east side of the proposed building from 9m2 to 36.76m2.
On part of Lot 7, Blk 72, Comox District, Plan VIP72302; and Part of Lot A, Blk 72, Comox District; Plan 49168, Except Parts in Plans VIP72303, VIP78220, and as shown on the attached site plan.
Carried with Councillors Hillian and Leonard opposed
 
Costco Noise Attenuation
 
          Moved by Jangula and seconded by Ambler that the report from the Director of Planning Services regarding noise attenuation at the Costco Wholesale site be received for information.
Carried
 
Building Activity Report

          Moved by Theos and seconded by Presley that the Building Permit Report for July 2010 be received for information.
Carried

Access by Easement 2080 Cliffe Ave
 
          Moved by Presley and seconded by Jangula that Council approve Access by Easement for the remainder of Lot 2, Comox District, Plan 15512 at 2080 Cliffe Avenue; and
 
That the Mayor and Manager of Corporate Administration be authorized to sign all documentation relating to this subject.
Carried
 
Closure of Intersection Cummings Rd & Lerwick Rd
 
          Moved by Hillian and seconded by Presley that the intersection of Cummings Road and Lerwick Road be closed to vehicular traffic;
 
That a Development Variance Permit process be initiated to permit Cummings Road to be a cul-de-sac greater than 152.4 metres (500 feet); and
 
That the Mayor and Manager of Corporate Administration be authorized to sign all documentation relating to this subject.
Carried
 
5.00  REPORTS AND CORRESPONDENCE FOR INFORMATION
 
Police Report
  
            Moved by Leonard and seconded by Presley that the Police Report for June 2010 be received for information.
Carried
 
Letter from Minister of Mining
            Moved by Presley and seconded by Ambler that the response from Randy Hawes, Minister of State for Mining regarding the Raven Underground Coal Project be received for information.
Carried
 
 
recess
 
            Moved by Presley and seconded by Hillian that the meeting now recess at 4:58 p.m. to conduct the Public Hearing in relation to Zoning Amendment Bylaw No. 2626, 2010.
Carried
 
The meeting reconvened at 5:04 p.m.
 
6.00  NEW BUSINESS
 
In Camera Meeting 
 
            Moved by Presley and seconded by Theos that under the provisions of Section 90(1)(e)(g)(k) and 90(2)(b) of the Community Charter, notice is hereby given that a Special In-Camera meeting closed to the public, will be held July 19, 2010 at the conclusion of the Regular Council Meeting.
Carried
 
Councillor Hillian Resolution
            Moved by Hillian and seconded by Leonard that
 
WHEREAS a full and informed debate on business that comes before council requires both preparation time and the opportunity for council members to consult with citizens of the community;
 
THEREFORE BE IT RESOLVED that a standing item on the monthly committee of the whole agenda be a staff update on the items of business projected to appear on the Council agenda during the coming month.
Defeated with Councillors Leonard and Hillian in favour
Councillors Ambler, Jangula, Presley, Theos, and Mayor Phelps opposed
  
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. 0926 and there were none.
 
Development Variance Permit No. 0926 1335 cliffe ave - Deines

            Moved by Jangula and seconded by Leonard that  Development Variance Permit No. 0926, to vary the following sections of the City of Courtenay Zoning Bylaw No. 2500, 2007: Section 8.14.1(3) Combined Commercial and Residential Uses, to allow a combined commercial and residential use on the ground floor of a building; and Section 8.14.10(1) Landscaping and Screening from 4.5 m adjacent to a street to  0.0 m adjacent to a street (as shown on the plan contained in Attachment No. 2); be issued to 0845615 B.C. Ltd. (Joy Deines)  subject to the following conditions:
a.       Development in general conformance with the plan contained in Attachment No. 2;
b.      Installation of a parallel parking space 6.5 m x 3.1 m, in accordance with the plan contained in Attachment No. 2, and 
         at the applicant’s expense, development of the City road ROW adjacent to the parallel parking space in accordance
         with the City approved engineered plan;
c.       No removal of, or damage to, the two large oak trees shown on the plan contained in Attachment No. 2;
          notwithstanding the no removal clause, removal or modification may be required by the City to accommodate public
          works or City infrastructure, or 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, location and characteristics determined by the City;
d.      Commercial area is limited to 35 m2 (entirely located on the ground floor) until such time as the applicant has applied
         for and been granted a development permit for sufficient additional on-site parking spaces;
e.       No fascia signage is permitted other than a fascia sign for a home based business; one freestanding sign no larger
         than 1.2 m2 and no greater than 1.8 m in height is permitted, in conformance with the plan and elevation contained in
         Attachment No. 3; and
f.       All building, site and sign lighting must be full cut off, flat lens in accordance with the City’s Dark Skies Policy.  All
        proposed lighting must be approved by the City prior to installation.
       That the following Outstanding Condition be resolved in advance of issuance of Development Variance Permit No.   
       0926:
a.      Submission to City’s satisfaction of an engineered plan for development of the City road ROW adjacent to the parallel
        parking space.
Carried
 
Councillor Presley declared a potential conflict of interest regarding the next item due to a business relationship with Mike Finneron, and vacated Council Chambers at 5:24 p.m.
 
Mayor Phelps inquired whether there were any members of the public wishing to make a submission regarding Development Permit No. 1011 and there were none.
 
Development Permit No. 1011 Finneron
 
            Moved by Hillian and seconded by Ambler that Development Permit with Variances No. 1011 to allow the construction of a freestanding sign on  the property located at 250 Old Island Highway and 620 Highway 19A (Lot 1, Section 16, Comox District, Plan 35432 and Lot 1, Section 16, Comox District, Plan 33272), and to vary Section 6.6.1 of the City of Courtenay Sign Bylaw No. 2042, 1998, the maximum height for a freestanding sign, from 3.5 metres to 4.3 metres be issued to Mike Finneron Pontiac Buick Ltd subject to the following conditions:
a)      Development in conformance with the site plan, landscape plan and elevations contained in Attachment No. 2;
b)      No additional freestanding sign is permitted on either Lot 1, Section 16, Comox District, Plan 35432 and Lot 1, Section 16, Comox District, Plan 33272).
 
That if the permit holder has not substantially commenced construction within twelve (12) months after the date of issuance, the permit lapses.         
Carried
 
Councillor Presley returned to Council Chambers and took his seat at 5:26 p.m.
 
10.00  BYLAWS
 
Bylaw No. 2627

            Moved by Theos and seconded by Ambler that “Zoning Amendment Bylaw No. 2627, 2010” pass first and second reading.
Carried

Bylaw No. 2626 
 
            Moved by Presley and seconded by Leonard that “Zoning Amendment Bylaw No. 2626, 2010” pass third reading.
Carried
 
 
11.00  COUNCIL MEMBER ROUNDTABLE
 
Councillor Leonard reviewed that Thelma Oliver, President of the Sid Williams Theatre Society, passed away on July 8th. Councillor Leonard expressed her condolences on behalf the entire community

Councillor Theos reviewed his attendance at the following events:
- Children’s Variety Radiothon
- VI MusicFest

Councillor Ambler reviewed his attendance at the K'ómoks First Nation RGS meeting, and reviewed the upcoming Comox Valley Art Gallery Display with the Comox Air Force Museum
 
Councillor Jangula reviewed his attendance at Market Days and reviewed the upcoming Graffiti Bash Car Show on July 25th

Councillor Hillian expressed his appreciation to the July 1st Committee regarding the Canada Day celebrations and reviewed his attendance at VI Musicfest
 
Mayor Phelps reviewed his attendance at the following events:
- CVAC Nominating Entities meeting
- K'ómoks First Nation RGS meeting
- RCMP Cops For Cancer promotional event
- Market Day
- Children’s Variety Radiothon
- VI Musicfest
 
Mayor Phelps reviewed an email from Dr. Mandy Ruthnum regarding the current in the Puntledge River, and reminded residents to be extremely cautious given the current flows from the Comox Dam
 
12.00   ADJOURNMENT
            
            Moved by Hillian and seconded by Presley that the meeting now adjourn at 5:38 p.m.
Carried       

CERTIFIED CORRECT 
                                                           
Manager of Corporate Administration
 
 
Adopted this 3rd day of August,  2010
 
                                                                       
Mayor
 
 
 
 
 
 
 
 

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

 
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