REQUEST TO APPEAR AS A DELEGATION - Town of Comox

REGULAR COUNCIL MEETINGAGENDA FOR WEDNESDAY OCTOBER 6, 2021

TOWN OF COMOX1809 Beaufort AvenueComox BC V9M 1R9

Ph: (250) 339-2202Fx: (250) 339-7110

Call to Order: 5:00 p.m.

Meeting Location: Council Chambers, 1801B Beaufort Avenue, Comox

The Town of Comox respectfully acknowledges that we are standing on the Unceded traditional territory of the K’òmoks First Nation.

NOTICE is hereby given that, pursuant to the September 10, 2021 Gatherings and Events Order of the Public Health Officer, Council Chambers is open to members of the public with limited seating capacity. Once all available seating has been filled, members of the public will not be permitted to attend the meeting in person. The meeting will also

be live-streamed on the Town’s YouTube pages.

Questions concerning agenda items can be emailed to [email protected] during each Council meeting. Questions will be read out at the meeting and responses provided. Please include both your name and address for

identification purposes.

1. INTRODUCTION AND APPROVAL OF LATE ITEMS:

2. ADOPTION OF AGENDA:

Adoption of the Agendaa.

3. DELEGATIONS:

Gord Schreiner, Fire Chief: 2021 Provincial Deploymenta.

Haeley Dewhirst (Comox BIA): Upcoming Street Closures - Halloween and TreeLighting

b.(11)

4. ADOPTION OF MINUTES:

That the Minutes of the Regular Meeting of Council, held in Council Chambers on Wednesday September 8, 2021, be Approved.

Regular Council Meeting Minutesa.(12)

That the Minutes of the Public Hearing Meeting, held in Council Chambers on Wednesday September 8, 2021, be Approved.

Public Hearing Meeting Minutesb.(21)

That the Minutes of the Special Meeting of Council, held in Council Chambers on Wednesday September 22, 2021, be Approved.

Special Council Meeting Minutesc.(25)

Page 1 of 5

REGULAR COUNCIL MEETING AGENDA OF WEDNESDAY OCTOBER 6 2021TOWN OF COMOX

5. COUNCIL COMMITTEE MINUTES AND REPORTS: NIL

6. CONSENT AGENDA:

That the Consent Agenda items as follows be received:

1. September 7, 2021 email from Fabian Dawson regarding Comox Twinning with an Italian town.

2. September 7, 2021 email from Justin LeBlanc of Recycling Council of British Columbia requesting that The Town Circle be lit blue and green on Monday, October 18th.

3. September 8, 2021 email from Neil & Carol Garvie suggting garbage pick up every two weeks and recycling pick up every week.

4. September 10, 2021 letter from Jesse Ketler of The Comox Valley Regional Districti regarding an invite to a Regional Water Forum/Session.

5. September 13, 2021 email from Katrina Chen of the Ministry of Children and Family Development regarding the opening of the Childcare BC New Spaces Fund.

7. September 15, 2021 letter from Andrew Hory, Sandra Daniels, James Furney and Rod Sherrell of the Regional District of Mount Waddington challenging local governments to provide donations towards the rebuilding of Lytton.

8. September 20, 2021 email from Kelly Kenney of The City of Langley regarding the appointment of Directors to Regional District Boards.

9. September 17, 2021 email from Vivian Vaillant regarding chickens.

10. September 14, 2021 email from Mary Weiler regarding air quality in the Comox Valley.

11. Letters from members of the Comox Valley United Soccer Club regarding their desire for a new soccer turf field.

Consent Agendaa.(27)ITEM SUMMARY: The consent agenda contains correspondence or other items that may or may not require Council’s attention. The consent agenda is first adopted in its entirety. Should a member wish to discuss any particular item a motion would then be made to move that specific item for discussion.

RECOMMENDATION(S):

7. UNFINISHED BUSINESS:

That Comox Official Community Plan Amendment Bylaw 1976 be given Third Reading.

North East Comox Implementation Bylaws - Third Reading Reporta.

1.

(144)

That Comox Zoning Amendment Bylaw 1983 be given Third Reading.2.

Page 2 of 5


That Comox Third Reading of Drainage Infrastructure Protection Bylaw 1824 be rescinded.

North East Comox Implementation Bylaws - Third Reading Reporta.

3.

(144)

That Comox Drainage Infrastructure Protection Bylaw 1824 be amended as follows:

A. By deleting Erosion and Sediment Control Plan, Section 13(c) and replacing it with the following text:

Emphasize source control as the primary method for dealing with erosion and sediment runoff, by:

(i) incorporating in the ESC Plan construction measures listed in Schedule C to this Bylaw to the extent that is practicable, and including in the ESC Plan an initialed copy of Schedule C to indicate that each erosion and sediment control measure has been considered; and

(ii) utilizing an iterative, adaptive approach to construction management whereby information derived from monitoring of construction impacts and consideration of potential impacts is used to adapt or modify erosion and sediment control measures as construction proceeds; and

B. By adding as Schedule C Recommended Phased Scheduling for Construction Works, the text and table included in Schedule 1 to the October 6, 2021 Planning Report to Mayor and Council on PR 21-1, titled NE Comox Implementation Bylaws, Third Reading Report.

4.

That Comox Drainage Infrastructure Protection Bylaw 1824 be given Third Reading as amended.

5.

That Comox Zoning Amendment Bylaw 1987 with a minimum parcel size of 1,500 m2 be given First and Second Readings.

Rezoning Application RZ 20-4 Urban Agricultureb.

1.

(192)

That a Public Hearing in respect of Comox Zoning Amendment Bylaw 1987 be scheduled for November 3rd, 2021 6:00 pm at d’Esterre House 1801 Beaufort Avenue.and via Zoom conferencing, and the Town publish the requisite notices as required bythe Local Government Act.

2.

That Comox Sign Amendment Bylaw 1988 be given First, Second and Third Readings.

3.

That Comox Building Amendment Bylaw 1989 be given First, Second and Third Readings.

4.

8. SPECIAL REPORTS: NIL

9. BYLAW ADOPTIONS: NIL

Page 3 of 5


10. NEW BUSINESS:

That the Comox Permissive Tax Exemption Bylaw No. 1990, 2021 be given First, Second and Third Readings, subject to any change from the Discussions noted in the October 1, 2021 Report from the Director of Finance titled "2021 Permissive Tax Exemption Bylaw - Establishing 2022 Exemptions".

2021 Permissive Tax Exemption Bylaw – Establishing 2022 Exemptionsa.(213)

That Comox Zoning Amendment Bylaw 1986 be given First and Second Readings.

Rezoning Application: RZ 21-5: Home Occupation Text Amendment (Individual Fitness Training)

b.

1.

(248)

That in accordance with Section 464(2) of the Local Government Act, the requirement to hold a Public Hearing in respect of Comox Zoning Amendment Bylaw 1986 be waived and staff be instructed to publish the requisite notices as required by the Local Government Act.

2.

That the Road Encroachment License Agreement for the existing parklet at Komox Grind be renewed for a term of 3 years, 2022 to 2024, subject to the conditions contained in Schedule 1 of the October 6, 2021, Planning Report on REA 21-2, and provision of proof of renewal of insurance for each applicable year.

Komox Grind Parklet Agreement Renewal for 2022c.(258)

11. NOTICES OF MOTION: NIL

12. CORRESPONDENCE:

Ted Usher (Army Cadet League of Canada) Proclamationa.(261)

Joe Schommer (Comox Valley Airport Commission): Reappointment of Directorsb.(267)

James Warren (CVRD): Transit Exchange and Transit Priority Concepts - Request for endorsement in principle

c.(269)

13. LATE ITEMS:

14. REPORTS FROM MEMBERS OF COUNCIL:

15. MEDIA QUESTION PERIOD:

16. PUBLIC QUESTION PERIOD:

17. RESOLUTION TO GO IN-CAMERA:

18. RISE AND REPORT FROM IN-CAMERA:

Page 4 of 5


CORPORATE OFFICER

ADJOURNMENT

Page 5 of 5

REQUEST TO APPEAR AS A DELEGATION Ph: (250) 339-2202 TTOWN OF COMOX

1809 Beaufort Avenue Comox BC V9M 1R9

Fx: (250) 339-7110

REQUESTS TO APPEAR BEFORE COUNCIL OR THE STRATEGIC PLANNING COMMITTEE MUST BE SUBMITTED NO LATER THAN WEDNESDAY NOON, THE WEEK PRIOR TO THE MEETING.

Name(s) of person(s) speaking:

Organization you are representing:

Primary purpose of Organization: Number of members:

Mailing address:

City: Postal Code:

Contact name: Email:

Phone: Fax:

Subject matter:

Specific request of Council, if any (i.e., letter of support, funding):

Requested meeting and date: AV equipment required:

Date of application: Signature of applicant:(or print name)

Please Note:

1. Regular Council and Strategic Planning Committee Meetings start at 5:00 p.m. Delegations are dealt with atthe beginning of each meeting.

2. Maximum presentation time is 10 minutes including questions, unless previously approved by the Chair.3. Presenters are to address Council or the Strategic Planning Committee, and not the audience.4. All presentation materials/handouts must be submitted no later than Thursday noon, the week prior to the

meeting. If the Friday prior to the meeting is a statutory holiday, then presentation materials must be submittedby Wednesday noon.

5. Please ensure that your cell phone is turned OFF during the meeting.Council and Meetings are public except where permitted to be closed pursuant to the Community Charter. Presentations at Council meetings are video recorded and available on the Town’s website. Personal information you provide on this form is collected pursuant to Section 26 of the Freedom of Information and Protection of Privacy Act, and this form may be published in its entirety with public meeting agendas, which are also posted on the Town website.

RECEIVED

TOWN OF COMOX

Sep. 17, 2021

LOG: REFER: AGENDA:

FILE: ACTION:

21-408

0400-03 MR

RCM06Oct21

--O - Cfile: 0400-03 Copies - Council - JW/SA/LP

Haeley Dewhirst

Comox BIA

Support and avocate for Downtown Businesses

100+

PO Box 1624 RPO Stn A

Comox BC V9M 8A2

Haeley Dewhirst

250 650 2015

[email protected]

Requesting Street Closure for October 30 (Halloween Event) and November 26th (Mayor Tree Lighting)

To support the closure as well as provide barricades

October 6 2021 NO

Sept 17 2021

Haeley Dewhirst

RCM Agenda Oct 6, 2021 Page 11

Minutes of the Regular Council Meeting,held in Council Chambers on Wednesday September 8, 2021

Present:

Absent:

Call to Order:

R. Arnott

There were 0 members of the public in attendance.

The meeting was called to order at 5:00 p.m.

Mayor

Nil

Pursuant to Ministerial Order, the meeting was conducted by electronic means with some or all members ofCouncil participating electronically. Further, in accordance with Ministerial Order, the public was notpermitted to be in attendance. The meeting was also live-streamed on the Town's YouTube pages.

Mayor Arnott acknowledged that the Town of Comox is standing on the Unceded traditional territory of theK'omoks First Nation.

TOWN OF COMOX

Councillors A. Bissinger (electronically), K. Grant, S. McGowan,N. Minions, M. Swift

J. Wall, Chief Administrative OfficerS. Russwurm, Corporate OfficerM. Kamenz, Director of Development ServicesG. Schreiner, Fire Chief (electronically)T. Hagmeier, Recreation DirectorS. Ashfield, Director of Operations

Staff Present:

1. INTRODUCTION AND APPROVAL OF LATE ITEMS: NIL

2. ADOPTION OF AGENDA:

That the September 8, 2021 Regular Council Meeting agenda be adopted as amended.

Adoption of the Agendaa. Adoption of the Agenda

(2021.330) -- CARRIED

3. DELEGATIONS:

Mr. Clausen advise that there are 16 letters on file and four more since he last presented. He advised that two single family homes will not increase the density, that the OCP is 10 years old and this is an infill solution. He suggested that by rezoning, Council can double taxes without additional services.

1153 Tara Roada. Kelly Clausen & J.P. Gagnon (1153 Tara Road)

Ms. Lupton advised that there never was a majority of the neighbourhood in favour. She read out some emails that she had received from the neighbourhood. Ms. Lupton advised that they bought into a planned development that allowed for smaller lots on the waterfront in exchange for five larger lots. She also advised that the Clausens were fully aware of the covenants when they bought Lot 15.

1153 Tara Roadb. Dawn Lupton - Claddagh Estates

Approval PendingREGULAR COUNCIL MEETING OF WEDNESDAY SEPTEMBER 8, 2021 Page 1RCM Agenda Oct 6, 2021 Page 12

TOWN OF COMOX - REGULAR COUNCIL MEETING MINUTES

4. ADOPTION OF MINUTES:

That the Minutes of the Regular Meeting of Council, held in Council Chambers on Wednesday August 11, 2021, be Adopted.

RCM Minutesa. Regular Council Meeting Minutes

(2021.331) -- CARRIED

5. COUNCIL COMMITTEE MINUTES AND REPORTS: NIL

6. CONSENT AGENDA:

That the Consent Agenda items as follows be received:

1. August 11, 2021 letter from Susan Boutilier regarding a petition to stop thetraffic circle at Comox Avenue and Rodello Street.

2. August 16, 2021 email from Susan Ward regarding the parking at Filberg Park.

3. August 10, 2021 email from Chris Smith regarding the bicycle parking and securityin downtown Comox.

4. August 12, 2021 email from Anne Davis regarding Point Holmes.

5. August 19, 2021 eamil from Geoff and Barbara Stagg regarding the Return ItCentre in Comox.

6. August 18, 2021 letter from Brian Frenkel (UBCM) regarding Canada Community-Building Fund/Gas Tax Fund.

7. August 30, 2021 email from Mel McLachlan regarding garbage.

8. August 30, 2021 petition regarding a sidewalk on Aspen Road.

9. Comox Valley Regional Distrcit Board meeting minutes held Tuesday August 10,2021.

1.

Consent Agendaa. Consent Agenda

(2021.332) -- CARRIED

That the August 10, 2021 email from Chris Smith regarding the bicycle parking and security in downtown Comox be removed from the consent agenda for discussion.

2.

(2021.333) -- CARRIED

That the August 19, 2021 eamil from Geoff and Barbara Stagg regarding the Return It Centre in Comox and the August 30, 2021 email from Mel McLachlan regarding garbage be removed from the Consent Agenda for discussion.

3.

(2021.334) -- CARRIED

That the August 30, 2021 petition regarding a sidewalk on Aspen Road be removed from the consent agenda for discussion

4.

(2021.335) -- CARRIED

That the August 11, 2021 letter from Susan Boutilier regarding a petition to stop the traffic circle at Comox Avenue and Rodello Street be removed from the consent agenda for discussion.

5.

(2021.336) -- CARRIED



7. UNFINISHED BUSINESS:

That the Strategic Priorities and Action Items Report for September 8, 2021 be received and filed for information.

Strategic Priorities and Action Items

a. Strategic Priorities and Action Items Report - September 8, 2021

(2021.337) -- CARRIED

That, in accordance with section 475 of the Local Government Act:

1. Notice of proposed OCP Amendment, as contained in Attachment 1 to the July 14, 2021 Planning Introductory Report OCP RZ 20-5 and DP 20-9, be placed on the Town's bulletin board, website, and Facebook and Twitter social media channels, until replaced by a notice of Public Hearing; and

2. The April 21, 2021 Planning Report OCP RZ 20-5 and DP 20-9 and the July 14, 2021 Planning Introductory Report OCP RZ 20-5 and DP 20-9 be posted on the Town’s website.

1153 Tara Road

b. Referred from Aug 11, 2021 RCM: OCP and Rezoning Application OCP RZ 20-5 / Development Permit Application DP 20-9: 1153 Tara Road

(2021.338) -- DEFEATED[Opposed: Councillors KGrant NMinions MSwift]

That Comox Zoning Amendment Bylaw 1950 be Adopted.1.

425 Stewart Street

c. Rezoning Application RZ 19-9 / Development Variance Permit DVP 19-9 (425 Stewart Street)

(2021.339) -- CARRIED

The Development Variance Permit DVP 19-9 be issued subject to the Development Variance Permit Conditions listed in Schedule 1 to the September 8, 2021 Planning Report on DVP 19-9.

2.

(2021.340) -- CARRIED

REGULARLY MOVED AND SECONDED THAT THE MEETING RECESS AT 5.54 P.M. UNTIL AFTER THE PUBLIC HEARING ON OCP AMENDMENT 21-2: IMPLEMENTATION OF NORTHEAST COMOX STORMWATER MANAGEMENT PLAN.

CARRIED

THE MEETING WAS CALLED BACK TO ORDER AT 6:17 P.M.

That the Town of Comox prepare for Council’s consideration the necessary bylaw amendments to permit farmstands based on the survey results summarized in the September 8, 2021 Planning Report on RZ 20-4 and the urban agriculture bylaws adopted by the City of Courtenay.

1.

Urban Agricultured. Rezoning Application RZ 20-4 Urban Agriculture

(2021.341) -- CARRIED



That the Town of Comox prepare for Council’s consideration the necessary bylaw amendments to permit greenhouses in front yards based on the survey results summarized in the September 8, 2021 Planning Report on RZ 20-4 and the urban agriculture bylaws adopted by the City of Courtenay.

2.

Urban Agricultured. Rezoning Application RZ 20-4 Urban Agriculture

(2021.342) -- DEFEATED[Opposed: Mayor Arnott, Councillors KGrant MSwift]

That the Town of Comox prepare for Council’s consideration the necessary bylaw amendments to permit raising of chickens on larger lots based on the survey results summarized in the September 8, 2021 Planning Report on RZ 20-4 and the urban agriculture bylaws adopted by the City of Courtenay.

3.

(2021.343) -- CARRIED[Opposed: Councillors KGrant MSwift]

That Comox Drainage Infrastructure Protection Bylaw 1824 be given third reading.1.

NE Comox Implementatione. North East Comox Implementation Bylaw - Third Reading Report

(2021.344) -- CARRIED

That Comox Highway Use Bylaw 1920 be given third reading.2.(2021.345) -- CARRIED

That Subdivision and Development Servicing Bylaw, Amendment Bylaw No. 1977, 2021 be amended as follows:

a. Adding as Section (4), and renumbering accordingly, the following text: Section 3.3 Definitions is amended by adding the following definition: “Residential Zone” means a zone listed as such in s. 4.1 of Comox Zoning Bylaw 1850 and, for certainty, does not include any multi-family residential zone.

b. Schedule A – New Section 1.5 of Appendix E to Schedule C.1 be amended as follows:

i. By changing the text in Note 6), Table 4 in section 1.5.1.2 from: “Parcels in residential zones are 60% impervious and all other parcels are 90% impervious.” To: “Single Family Land Uses are 60% impervious and all other Land Uses are 90% impervious.”

3.

ii. By replacing Section 1.5.5.1 with the following text: 1.5.5.1 Disconnected Roof Leaders (Standard Drawing SE-3) On parcels in residential zones, roof leaders shall not be connected to the municipal storm service. Roof leaders shall be disconnected and directed via lot grading to an unpaved landscaped area per Standard Drawing SE- 3. Splash pads, drain rock or other similar means to displace energy and eliminate erosion at roof leader outlets must be used. Building lots shall be graded so that each property either drains directly to a municipal / statutory right-of-way or, at most, across one (1) other lot before reaching a municipal / statutory right-of-way. Subdivision lot grading and ultimate lot grading (post-building construction) shall be per the details on Standard Drawing SE– 11 or SE – 12 as applicable. Grading away from buildings shall be as per the latest edition of the British Columbia Building Code with a minimum grade away from buildings of 4% for



1.8 metres or 2% for 4.0 metres.

iii. By changing the text in Table 6 in section 1.5.5.6.3 as follows: a. Changing the Approximate Storage Volume (m3) for Dry Detention Pond #2A from 2700 / (2100) to 2700 / (2700), b. Changing the Approximate Storage Volume (m3) for Dry Detention Pond #4B from 2240 to 2880, c. Changing the Storage Volume per Hectare (m3/ha) for Dry Detention Pont #2A from 450 / (350) to 450 / 450, and d. Changing the Storage Volume per Hectare (m3/ha) for Dry Detention Pont #4BA from 350 to 450. e. Changing the text in Note 1) from: “Single Family Land Use are 60% Impervious and all other Land Uses are 90% Impervious.” To: “Parcels in residential zones are 60% impervious and all other parcels are 90% impervious.”

iv. By replacing Section 1.5.5.6.21 with the following text: 1.5.5.6.21 A minimum of 4 signs shall be installed around the perimeter of dry detention ponds. Signs to be per Standard Drawing SE-13.

v. By replacing Standard Drawing SE-6 with the Standard Drawing SE-6 contained in Attachment 4 of the September 8, 2021 Report to Mayor and Council titled "North East Comox Implementation Bylaw - Third Reading Report".

vi. By replacing Standard Drawing SE-7 with the Standard Drawing SE-7 contained in Attachment 4 of the September 8, 2021 Report to Mayor and Council titled "North East Comox Implementation Bylaw - Third Reading Report".

vii. By replacing Standard Drawing SE-8 with the Standard Drawing SE-8 contained in Attachment 4 of the September 8, 2021 Report to Mayor and Council titled "North East Comox Implementation Bylaw - Third Reading Report".

(2021.346) -- CARRIED

That Subdivision and Development Servicing Bylaw, Amendment Bylaw No. 1977, 2021, as amended, be given third reading.

4.

(2021.347) -- CARRIED

That Comox Runoff Control Bylaw 1919 be given third reading.5.(2021.348) -- CARRIED

That Comox Storm Drain Connection Amendment Bylaw, No. 1921 be amended as follows:

a. By adding the following text to Section (1) alphabetically: “RESIDENTIAL ZONE” means a zone listed as such in s. 4.1 of Comox Zoning Bylaw 1850 and, for certainty, does not include any multi-family residential zone

6.

b. By replacing Section 2(b) with the following text: b) In Northeast Comox on parcels in residential zones, roof leaders installed after the date of adoption of Comox Storm Drain Connection Amendment Bylaw, No. 1921shall not be connected to the common drain but shall be arranged and installed so as to discharge, either directly or indirectly via a



rain barrel or splash pad, to a landscaped area on the parcel permitting the absorption of drainage, as indicated schematically in Schedule ‘C’.

(2021.349) -- CARRIED

That Comox Storm Drain Connection Amendment Bylaw, No. 1921, as amended, be given third reading.

7.

(2021.350) -- CARRIED

That Comox Building Amendment Bylaw 1922 be given third reading.8.(2021.351) -- CARRIED

8. SPECIAL REPORTS: NIL

9. BYLAW ADOPTIONS: NIL

10. NEW BUSINESS:

That pursuant to Section 54(4) of the Local Government Act, Council appoints Shelly Russwurm as Chief Election Officer for conducting the November 27, 2021 Local By-Election with the power to appoint other election officials as required for the administration and conduct of the 2021 Local By-Election; and further, that Council appoints Lia Pesklevits as Deputy Chief Election Officer for the November 27, 2021 Local By-Election.

1.

Election Officials and Procedures

a. Appointment of Election Officers and Varying Election Procedures

(2021.352) -- CARRIED

That in accordance with section 6(2)(a) of the Elections in Special Circumstances (COVID-19) Regulation [Mail ballot voting], Council disapplies section 6(2)(a) and 6(2)(b) of the Comox Election and Assent Voting Bylaw No. 1888, 2018 [restrictions on which electors may vote by mail ballot].

2.

(2021.353) -- CARRIED

That in accordance with sections 7(2)(a) and 7(2)(b) [Requirements before elector may be given a ballot] of the Elections in Special Circumstances (COVID-19) Regulation, Council provides that sections 125(1)(b) and 125(1)(c) [Requirements before elector may be given a ballot] of the Local Government Act be read as though it provides that the person must, as directed by an election official, a. comply with sections 125(1)(b) and 125(1)(c) as written, or b. make an oral declaration of the facts set out in section 125(1)(b) and 125(c), in which case the election official must make a record that the person made an oral declaration and of the facts declared.

3.

(2021.354) -- CARRIED

THAT the street parking area on the north side of Beckton closest to the intersection of Beckton Drive and Silversmith, be increased from approximately 45 feet to approximately 90 feet.

Beckton Avenue Parking

b. Notice of Motion from August 11, 2021 RCM: Beckton Drive Parking - Councillor Bissinger

(2021.355) -- CARRIED

THAT Bylaw No. 1923 ‘A bylaw to regulate the business use of single use plastics’ be defeated at 3rd reading.

1.

Single Use Plasticsc. Single Use Plastics Regulations

(2021.356) -- CARRIED



THAT Bylaw No. 1985 ‘A bylaw to regulate the business use of single use plastics’ be given first reading.

2.

Single Use Plasticsc. Single Use Plastics Regulations

(2021.357) -- CARRIED

THAT Bylaw No. 1985 ‘A bylaw to regulate the business use of single use plastics’ be given second reading.

THAT the main motion be amended to add the text "as amended to include a ban on polystyrene foam service ware containers provided supplementary to customers when purchasing take out food or other purchases."

3.

(2021.358) -- CARRIED

THAT Bylaw No. 1985 ‘A bylaw to regulate the business use of single use plastics’ be given second reading as amended to include a ban on polystyrene foam service ware containers provided supplementary to customers when purchasing take out food or other purchases.

THAT the main motion be further amended to add the text "as well as a ban on single use plastic utensils provided supplementary to customers when purchasing take out food or other other purchases."

4.

(2021.359) -- CARRIED

THAT Bylaw No. 1985 ‘A bylaw to regulate the business use of single use plastics’ be given second reading as amended to include a ban on polystyrene foam service ware containers provided supplementary to customers when purchasing take out food or other purchases as well as a ban on single use plastic utensils provided supplementary to customers when purchasing take out food or other other purchases.

5.

(2021.360) -- CARRIED

THAT the Town of Comox coordinate with other Comox Valley communities to develop similar regulations to be implemented at the same time and any suggested changes be brought to Council for consideration.

6.

(2021.361) -- CARRIED

That, in accordance with covenant CA8281168, Council authorize staff to accept the offer from Highstreet Aspen View Apartments Ltd. and Highstreet Aspen View (2019) Limited Partnership, to purchase for $1,113,660.00 six one-bedroom residential strata lots with parking spaces at 695 Aspen Road.

1.

695 Aspen Roadd. Disposition of Property at 695 Aspen Road

(2021.362) -- CARRIED

That Council authorize staff to assign for $1.00 the accepted offer to purchase the six one bedroom residential strata lots with parking spaces at 695 Aspen Road to M’akola Housing Society Inc. No. S0018870 (M’akola), to operate such strata lots as affordable housing for low and moderate income households, in partnership with British Columbia Housing Management Commission; that Council provide up to $437,211.00 from the Affordable Housing Reserve Fund to M’akola to complete the purchase of the six one-bedroom residential strata lots with parking spaces; and further, that after a term of 40 years the Town would have a buyback option to purchase such strata lots for $1.00 each.

2.

(2021.363) -- CARRIED



That, in accordance with covenant CA8281168, Council authorize staff to accept the offer from Highstreet Aspen View Apartments Ltd. and Highstreet Aspen View (2019) Limited Partnership to purchase for $575,000.00 approximately 190 m2 commercial strata lot with parking spaces and dedicated outdoor area at 695 Aspen Road.

3.

695 Aspen Roadd. Disposition of Property at 695 Aspen Road

(2021.364) -- CARRIED

That Council authorize staff to enter into a 60 year lease agreement with ComoxValley Children’s Day Care Society for the prepaid rent of $10.00 to operate a childcare facility for 28 children within approximately 190 m2 commercial strata lot with parking spaces and dedicated outdoor area at 695 Aspen Road.

4.

(2021.365) -- CARRIED

THAT notice of disposition for Lot 1 District Lot 194 Comox District Plan EPP31743 be made with the intent for sale to K’omoks First Nation.

1.

DL194 Northeast Woodse. DL-194, Northeast Woods, Transfer to Komoks First Nation

(2021.366) -- CARRIED

THAT Council authorizes the sale of Lot 1 District Lot 194 Comox District Plan EPP31743 to K’omoks First Nation for the price of $10.

2.

(2021.367) -- CARRIED

THAT Council authorizes the Town to enter a 99 year lease with K’omoks First Nation for the use of Lot 1 District Lot 194 Comox District Plan EPP31743 as a public park.

3.

(2021.368) -- CARRIED

THAT Council support’s the Town of Comox’s application to the Canada Community Revitalization Fund for the construction of a skate park and;

THAT Council commits to covering any expenses in the construction of the skate park in excess of the amount received by the grant.

1.

CA Community Revitalizationf. Canada Community Revitalization Fund

(2021.369) -- CARRIED

THAT Council support’s the Town of Comox’s application to the Canada Community Revitalization Fund for additional funds for the construction of the Marine Services Building and;

THAT Council commits to covering any expenses in the construction of the Marine Services Building in excess of the amount received by the grant.

2.

(2021.370) -- CARRIED

11. NOTICES OF MOTION: NIL

12. CORRESPONDENCE: NIL

13. LATE ITEMS: NIL

14. REPORTS FROM MEMBERS OF COUNCIL:

Councillor Swift advised that she attended the Regional District board and recreation commission meetings.

a. Councillor Swift



Councillor McGowan advised that she attended:- a Comox Valley Substance Use meeting,- a Comox Valley Social Planning Committee meeting,- a Comox Valley Food Policy Council meeting,- a conference call for elected officials, and- attended a phone meeting with Minister Whiteside.

b. Councillor McGowan

Councillor Grant advised that he attended:- the Comox Valley recreation commission and board meetings,- an infrastructure meeting, and- attended the Party in the Parks event.

c. Councillor Grant

Councillor Minions advised that she:- attended the Party in the Parks event,- attended the Minister's meeting with Councillor McGowan,- met with members of the public regarding chickens, garbage and the Northeast Comox Storm Water Management Plan, and- talked with the executive director of the BIA regarding a plastics bylaw.

d. Councillor Minions

Councillor Bissinger advised that she:- prepared for Community Justice Centre and Nautical Days meetings, and- talked with residents regarding Buena Vista.

e. Councillor Bissinger

Mayor Arnott advised that he:- met with the owner the Recycle Depot along with the CAO,- attended the Town barbeque,- opened the Island Iron outrigger event,- attended the Party in the Park event,- attended Minister's meetings with the Ministers of Education and Transportation, and- met with a resident regarding sidewalk letdowns.

f. Mayor Arnott

17. RESOLUTION TO GO IN-CAMERA: NIL

18. RISE AND REPORT FROM IN-CAMERA: NIL

Adjournment:

Certified correct pursuant to Section 97(1)(b) of the Community Charter.

CARRIED

CORPORATE OFFICER

MAYOR

Regularly moved and seconded that the meeting adjourn at 7:40 p.m.


Town of Comox Approved: Page 1 Public Hearing – Wednesday, September 8, 2021

Public Hearing Meeting Minutes held in Council Chambers on Wednesday September 8, 2021

Present: Mayor R. Arnott Councillors A. Bissinger (electronically), K. Grant, S. McGowan, N. Minions, M. Swift Staff J. Wall, Chief Administrative Officer S. Russwurm, Corporate Officer M. Kamenz, Director of Development Services G. Schreiner, Fire Chief T. Hagmeier, Recreation Director Absent: Nil Call to Order: The Public Hearing Meeting was called to order at 6:00 p.m. There were three members of the public attending electronically. Pursuant to Ministerial Order, the Public Hearing was conducted by electronic means with some or all members of Council participating electronically and the public not permitted to be in attendance. The meeting was conducted through Zoom Video Conferencing and also live-streamed on the Town's YouTube pages.

PUBLIC HEARING STATEMENT

Mayor R. Arnott made the following statement: This Public Hearing is hereby convened pursuant to Section 464 of the Local Government Act for the purpose of hearing representations from those persons who believe that their interest in property is affected by the proposed:

1. North East Comox Storm Water Management Plan: a. OCP Amendment Bylaw 1976 b. Comox Zoning Amendment Bylaw 1983

The proposed bylaws have received first and second readings, but have not passed third reading or been adopted by Council. Notices of this Public Hearing have been published in accordance with the requirements of the Local Government Act. Also, copies of the proposed bylaws, supporting documentation and any submissions to Council received from the public have been available for inspection at comox.ca as required by the Local Government Act. Pursuant to section 13(1) of the Local Government Meetings and Bylaw Process (COVID-19) Order No. 3 and Ministerial Order No. M192/2020, this Public Hearing is being conducted virtually. All persons who believe their interest is affected by the proposed rezoning will be given the opportunity to be heard this evening.



To maintain order and to ensure everyone a reasonable opportunity to be heard, I ask that each person wishing to speak use the “raise your hand” feature within Zoom. For Zoom Meeting Link users, hover over 'Reactions' in the bottom footer of the Zoom screen, click the 'Raise Hand' icon and wait to be asked to speak by the Chair. For Zoom Phone Conferencing users, press *9 and wait to be asked to speak by the Chair. Once called by the Chair, you may unmute yourself (Meeting Link users click the 'Unmute' button in the bottom-left corner of the meeting window and Phone Conferencing users, press *6) and clearly state your full name and address. You may then begin your presentation to Council. Please make your presentation as brief as possible. After all have had an opportunity to be heard, anyone wishing to have further input may once again “raise their hand”. Council will not debate with each other or members of the public. Council will not answer questions; we are here to hear from you. Technical questions may be directed by the Chair to the staff. Everyone will be given a reasonable opportunity to be heard at this meeting. No one will be, or should feel, discouraged or prevented from making his or her views heard. In addition, if you wish to provide a written submission during this Public Hearing, you may do so by sending an email to [email protected]. Note that written submissions must be received before the end of the Public Hearing.

1. Official Community Plan Amendment Bylaw 1976:

Application Summary

a. OCP Amendment Bylaw 1976

In summary, the purpose of the Official Community Plan Amendment Bylaw 1976 is to amend the Development Permit Area #16 to add a preference for east - west road alignments to facilitate passive heating and cooling of buildings.

Map 1



b. Comox Zoning Amendment Bylaw 1983 In summary, the purpose of the Comox Zoning Amendment Bylaw 1983 is to amend ALR buffer specifications for fences and planting material as well as relevant sections for required building setbacks from lot lines shared with the ALR.

Public Hearing Submissions: Mayor Arnott made the following statement: Written – To ensure that written submissions are included in the minutes of the meeting, please ensure that all are submitted via email to [email protected] before the end of the meeting. Verbal – The proposed bylaw is now open for discussion. Speakers: • Gert & Moira Williams of 1271 Knight Road, Comox, expressed concerns with the proposed

development, including a smaller proposed ALR buffer leading to more people walking onto farmland, increase soil loss from wind, increased garbage and dog poop, and stressed farm animals. The also suggested that the ditch on Knight Road will overflow and flood their home, and advised that the overflowing spring helps to irrigate fields in summer months.

• Kyle Herman of 1640 Kingley Court, Comox, expressed opposition to the proposed development, citing concerns with parking and a lack of neighbourhood support for the building of townhomes.

Close of Public Hearing: There being no further speakers, Mayor Arnott made the following statement: I would remind those present that legal considerations prevent the members of Council from considering any representation made after the close of this Public Hearing. Before closing the Public Hearing, I am going to call three times for any further speakers on any of the matters contained in the proposed bylaw. I am going to allow 60 seconds between each call in order to allow those viewing on YouTube to catch up to the opportunity to speak. For the first time, is there anyone who wishes to make any further representation?

Map 2



• Gert & Moira Williams of 1271 Knight Road, Comox, expressed concerns about water on the new lots, advising that the Town will have no control over single family properties. They also advised that the water table will be affected leading to not enough water in the dugout after lands are developed.

There being no further speakers once again, Mayor Arnott continued with the following: For the second time, is there anyone who wishes to make any further representation? For the third time, is there anyone who wishes to make any further representation? There being no speakers, I declare this Public Hearing closed. Adjournment: Regularly moved and seconded that the meeting adjourn at 6:15 p.m. CARRIED Certified correct pursuant to Section 97(1)(b) of the Community Charter.

MAYOR Certified fair and accurate pursuant to Section 890(7) of the Local Government Act.

CORPORATE OFFICER


Minutes of the Special Council Meeting,held in Council Chambers on Wednesday September 22, 2021

Present:

Absent:

Call to Order:

R. Arnott

There were 0 members of the public in attendance.

The meeting was called to order at 5:03 p.m.

Mayor

A. Bissinger

Pursuant to the Gatherings and Events Order of the Public Health Officer, Council Chambers was open to members of the public with limited seating capacity. The meeting was also live-streamed on the Town’s YouTube pages.

Mayor Arnott acknowledged that the Town of Comox is standing on the Unceded traditional territory of the K'omoks First Nation.

TOWN OF COMOX

Councillors K. Grant, S. McGowan,N. Minions (electronically), M. Swift

J. Wall, Chief Administrative OfficerS. Russwurm, Corporate OfficerT. Hagmeier, Recreation DirectorL. Pesklevits, Executive Coordinator

Staff Present:

The Agenda was Adopted.

1. AGENDA ITEM:

That the Public be Excluded from the Special In-Camera session of Council on Wednesday September 22, 2021 pursuant to the following sub-sections of section 90 of the Community Charter:

(1)(a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality;

(1)(c) labour relations or other employee relations; and

(2)(b) the consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party.

Exclude the Publica. Exclude the Public

(2021.371) -- CARRIED

Approval PendingSPECIAL COUNCIL MEETING OF WEDNESDAY SEPTEMBER 22, 2021 Page 1RCM Agenda Oct 6, 2021 Page 25

Adjournment:

Certified correct pursuant to Section 97(1)(b) of the Community Charter.

CARRIED

CORPORATE OFFICER

MAYOR

Regularly moved and seconded that the meeting adjourn at 7:12 p.m.

Approval PendingSPECIAL COUNCIL MEETING OF WEDNESDAY SEPTEMBER 22, 2021 Page 2RCM Agenda Oct 6, 2021 Page 26

From: Fabian Dawson <[email protected]>

Sent: September 7, 2021 8:43 AM

To: Russ Arnott <[email protected]>; Lia Pesklevits <[email protected]>

Subject: Comox twinning

Good morning Mayor, my name is Fabian Dawson and over the years I have been the international

media coordinator for the BC Seafood festival. One suggestion that arose was the potential twinning

of Comox with an Italian seafood town to promote both the Comox Valley and its natural bounty from

the sea. Could you please give the attached letter a read and perhaps we can set up a quick phone call

to discuss next steps, based on your interest.

Fabian Dawson

604‐3125298

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Council Correspondence

ChefGiovanniTrigona7167BridgewoodDr.BurnabyBCCanadaV5A3T5(604)338–2273–[email protected]://www.facebook.com/apcicanadahttps://chefconsultingmultiservices.vistaprintdigital.com/

PresidentofA.P.C.I.ofCanada

BurnabyBC02/07/21To:MayerofComoxBCDearMr.MayorRussArnott,My name is Giovanni Trigona (alias Chef Giovanni); I’m the President of theProfessionalAssociationofItalianChefsinCanada,basedinVancouverBC.Thepurposeofthis letter isthat,since2018 Ihavebeentryingtocreateatwinningbetweenourtwocities,ComoxandTaranto,inPugliaItaly.Inthe2018 Iwas invitedasacelebritychefnexttoour friendChefNathanFong,atComox with the delegation of the Chamber of Commerce in BC, (with Mr AlexMartiniakICC‐BC)andwiththemImeetMr.FabianDawson,and fromthatmomentonIthoughtaboutthiscanbeagreatproject.Aproject that Ihadalsopresented to theHonorableMinisterLanaPopham, inBC,beforeCOVID,andinthesedaystotheCanadianEmbassyinItaly,toEdithSt‐Hilaire,MinisterofEconomicandCommercialAdvisor.

Ihavementioned,also thedesire for this twinning, (Comox/Taranto), foraanotherprojectthatI launched,togetherwiththeProfessionalAssociationofItalianChefs,inItaly andCanada, for the celebrations ofCanadaDay,with Italian chefs,who havecooked live one from Vancouver and the other from Milan, recipes with CanadianproductsandwewillcelebrateBC'sseafood.

Iwantedtoknowiftherearethepossibilitiesto:

1)Discusswithyou,about the"Comox/Taranto twinningproject,andabout this, letme inform you that, theMayorofTaranto(Puglia, Italy)hasalreadybeen informedandisenthusiastic;2)Thepossibilityofhavingyouassponsorsofthetwining,projectaddingtheComoxCityCoatofArmstoours.




Among the latestprojects,wehave signed the collaboration for thepresentationofCanadianproductsinItaly,withtheCanadianEmbassyinRome,andtheA.P.C.I.ItalyandCanada,andonday26wedidalivevideowitharecipevideoandtwochefs,onehere inVancouveranda colleague from Italy. Iwanted toaskyou, in lightof thesefutureprojects,ifwecouldusetheComoxcityemblemasafreesponsor,toestablishafuturecollaboration.For this matter, I would like include in this note, some information related, orpartnership with the Canadian Embassy in Italy and our Association, in Italy andCanada.The show was a cooking show live, from Italy (Milano and Roma) to Canada(Vancouver and Edmonton), with 4 chef, three Canadian ingredients, Sea Scallops,BisonandmapleSyrup,cookedinItalianway,from4chefs,andcreatingthreeplate.NextprojectwillberuninMilanoinOctober,with10/15restaurantsbelongedtoApciChefs,fromNorthtoSouth,thattheywouldcelebratesomeCanadianproductsintheirmenu.ThenintoaMichelinstarsrestaurantinMilano,willbeapressconference,withtheCanadianEmbassyinItaly,press,foodblogger,mediaimportersandexporter,andwewilldineandtalkabouttheCanadianproducts.Ihopetoreadanotefromyouaboutit,inavideoconference,todiscusstheseprojects.Whilewaiting,Igreetyoucordially.ChefGiovanniTrigonaSunday,8August21





1

Town of Comox – Administration

From: Justin LeBlanc <[email protected]>Sent: September 7, 2021 10:06 AMTo: Town of Comox – AdministrationSubject: The Town Circle Lights Display Request—October 18th, 2021

Good morning,

Please see the lighting request below. For more information, or additional details, please be in touch. Thank you in advance for your consideration.

Name of organization: Recycling Council of British Columbia (RCBC) Contact name: Justin LeBlanc Address: Unit 10 – 119 W. Pender Street, Vancouver BC; V6B 1S5 Phone number: 604‐683‐6009, ext. 315 E‐mail: [email protected] Date(s) of event: October 18th–24th, 2021 Date requested for lighting: October 18th, 2021 (or any other time during the week) Description of cause/event: Canada has been celebrating Waste Reduction Week (WRW) since 2001. This national campaign focuses on waste reduction and resource conservation through personal engagement and behaviour change. The program’s educational resources and “take action” messaging empower all Canadians to adopt more environmentally conscious choices. WRW provides information and ideas to reduce waste in all areas of daily living, creating solutions to the many environmental challenges we face including climate change, water pollution, and preservation of natural resources. The Recycling Council of BC, a nonprofit organization, is a provincial partner of WRW and leads the promotional and educational campaign in British Columbia. We would like to request that The Town Circle be lit blue and green on Monday, October 18th to kick off our event and create awareness of our cause. For more information, check out: https://rcbc.ca/events/waste‐reduction‐week.

Is this an annual or one‐time event? This is an annual event, celebrated during the third week of October since 2001. What colour(s) are you requesting the roof light up with? Blue & green. Please provide details of how you will promote your event, and where mention will be made of the lighting of The

Town Circle: We will share across our social media platforms ( 7k followers) and through our e‐mail newsletter to 1050 subscribers, and we will be distributing a media release across the province. The landmark lightings will also be included on both the RCBC website as well as the National Waste Reduction Week in Canada website.

With thanks,

Justin LeBlanc Environmental Advisor Recycling Council of British Columbia T: (604) 683‐6009, ext. 315 E: [email protected] W: www.rcbc.ca

Download the BC Recyclepedia app:

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Subject: FW: Message to Town Council regarding garbage and recycle pickup

From: Neil Garvie <[email protected]>Sent: September 8, 2021 4:12 PMTo: Town of Comox – Administration <[email protected]>Subject: Message to Town Council regarding garbage and recycle pickup

Hello Town Council:We thought we’d let you know that we folks up on Lancaster Way have been finding over the last few years that as wehave become more efficient at gathering cardboard, plastic bottles, tin cans, etc. So we have more and more recyclingand less and less garbage. Presently at our house each week we leave only a bag and a half of garbage for the garbagepickup. While after two weeks our recycle bin (same size) is stuffed to overflowing, with cardboard boxes stacked ontop. Perhaps it’s time to rethink the pickup. E.g. Garbage pickup every two weeks and recycle every week. A thought.Yours sincerely,Neil & Carol Garvie#4 700 Lancaster Way, Comox250 941 [email protected]

RECEIVED

TOWN OF COMOX

Sep 8, 2021

LOG: REFER: AGENDA:

FILE: ACTION:

21-395

5360-02/02 MR

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Office of the Chair 770 Harmston Avenue, Courtenay, BC V9N 0G8 Tel: 250-334-6000 Fax: 250-334-4358 Toll free: 1-800-331-6007 www.comoxvalleyrd.ca

File: 0540.20/COW September 10, 2021

Sent via email only: [email protected] Mayor and Council Town of Comox 1809 Beaufort Avenue Comox BC V9M 1R9 Dear Mayor and Council: Re: Invitation to a Regional Water Forum/Session As Chair of the Comox Valley Regional District (CVRD) Board, your Mayor, Council and senior staff are formally invited to participate in an elected officials’ forum on Tuesday, October 12, 2021 from 2:00 p.m. to approximately 4:30 p.m. The forum will provide an overview of the state of water supply in the Comox Valley, highlighting the challenges and opportunities amid increasing development pressures, new investments in water infrastructure, and severe drought and water scarcity conditions stemming from a changing climate. An agenda will be established closer to the date that is anticipated to include: presentations on local watersheds; the specific issues being faced by community water systems; highlights of actions being undertaken; as well as reviewing the experiences from other jurisdictions. As an elected officials’ forum no decisions are to be made during this public session. The goal of bringing elected officials together is to collectively hear information on a topic of interest and to share perspectives. Due to the ongoing COVID-19 pandemic and public health orders concerning gatherings, attendance will be facilitated via Zoom video conferencing. Please RSVP to Lisa Dennis, Manager of Legislative Services, at [email protected] or via phone 250-334-6052 by Tuesday, October 5, 2021. A Zoom participation link will then be provided via email. I look forward to your participation at this important forum. Sincerely, Jesse Ketler Chair cc: Jordan Wall, Chief Administrative Officer, Town of Comox

RECEIVED

TOWN OF COMOX

Sep 10, 2021

LOG: REFER: AGENDA:

FILE: ACTION:

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Subject: FW: E-mail from the Honourable Katrina Chen, Minister of State for Child Care

From: MCF Info MCF:EX <[email protected]>Sent: September 13, 2021 10:29 AMTo: Town of Comox – Administration <[email protected]>Subject: E mail from the Honourable Katrina Chen, Minister of State for Child Care

VIA E-MAILRef: 263194

His Worship Mayor Russ Arnott and Council Town of Comox E-mail: [email protected] Dear Mayor Arnott and Council: Families throughout British Columbia are looking for access to inclusive, affordable, quality child care. As leaders, I know you are acutely aware of the needs in your community and share our government’s concerns and ambitions of providing access to an inclusive universal system of care. Although we have made significant progress over the last three years with nearly 26,000 new licensed child care spaces approved for funding across Childcare BC’s space-creation initiatives, too many families still struggle to find the care they need in their local communities. With this in mind, I am emailing today to ensure you have received information about the opening of the Childcare BC New Spaces Fund, our province’s largest child care space creation initiative. In the 2021/22 intake for the New Space Fund program, we are focusing our efforts on expanding quality, inclusive, community-based child care in areas with the greatest need in alignment with provincial priorities and commitments under the Canada Wide Early Learning and Child Care Agreement. This means that only School Districts, Indigenous and local governments, not-for-profit organizations, and Indigenous not-for-profit organizations are eligible to apply for up to $3 million in grant funding per project. As an eligible organization, I encourage you to visit Childcare BC to review the New Spaces Fund program guidelines, FAQ, application form, and other resources. Further, I encourage you to seize this opportunity to partner with the Province to help address your community needs and serve families in your community with more affordable, quality child care. Note that the deadline to apply is November 16th, 2021 at 4:30 p.m. PST. Please do not hesitate to contact our Capital Funding program staff at [email protected] or 1 888 338-6622 (option 5) for any additional questions you may have. Thank you for the work you do for families in your community. Sincerely, Katrina Chen Minister of State for Child Care

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TOWN OF COMOX

Sep 13, 2021

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Sent on behalf of the Minister of State by:

This communication and any accompanying document is confidential and is intended solely for the addressed recipient(s). If you received this e-mail message in error, please delete the e-mail and any attachments and contact the Client Relations Branch, Ministry of Children and Family Development at: [email protected].


RECEIVED

TOWN OF COMOX

Sep 15, 2021

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Subject: FW: Clarification of Intent of Correspondence from City of Langley Re: Resolution - Appointment of Directors to Regional District Board

Attachments: Letter_-_Appointment_of_Directors_to_Regional_District_Board.pdf

From: Kelly Kenney <[email protected]>Sent: September 20, 2021 10:07 AMSubject: Clarification of Intent of Correspondence from City of Langley Re: Resolution Appointment of Directors toRegional District Board

Mayor and Council,

Further to my correspondence of September 15, 2021 (attached), conveying Langley City Council’s resolution regardingappointment of Directors to Regional District Board. For clarification, Langley City Council is requesting that BCmunicipal councils also consider sending correspondence to the Ministry of Municipal Affairs to request a broadconsultative process be conducted in partnership with the Union of British Columbia Municipalities, [applicable localgovernment area association], and all local governments in BC to solicit feedback with tangible and objective rationaleto support the amendment to section 19 of the Local Government Act, requested by the Metro Vancouver RegionalDistrict Board of Directors, to require municipal councils to appoint the Mayor, or the Mayor’s designate, as themunicipal director to the regional district board.

Best regards,

KELLY KENNEY CORPORATE OFFICER 20399 Douglas Crescent, Langley BC V3A 4B3 P 604.514.4591 E [email protected]

RECEIVED

TOWN OF COMOX

Sep 20, 2021LOG: REFER: AGENDA:

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File: 0410.03

September 15, 2021

Honourable Josie OsborneMinister of Municipal Affairs

VIA Email: [email protected]

Dear Minister:

Re: Appointment of Directors to Regional District Board

The following resolution was passed by the Metro Vancouver Regional District Board at its July 30, 2021 meeting:

That the MVRD Board request the Ministry of Municipal Affairs to amend the Local Government Act in section 198 [appointment and term of office for municipal directors], as necessary to require municipal councils to appoint the Mayor, or the Mayor’s designate, as the municipal director to the regional district board

Metro Vancouver’s background report to this motion, entitled “Municipal Director Appointment Process”, is attached for reference.

At its September 13, 2021 Regular Council meeting, the Council for the City of Langleypassed the following resolution:

WHEREAS the Local Government Act sets out the procedure for the appointment of directors to the regional district board;

WHEREAS section 198 of the Local Government Act states: After the first appointment under section41 (2) (e) [first board for regional district], each municipal director is to be appointed at pleasure by the council from among its members and that the Local Government Act does not stipulate any criteria in making those appointment decisions;

WHEREAS the appointment of directors to the regional district board under the Municipal Act (now Local Government Act) was changed after 2000 to “at the pleasure of Council” and that there have been no criteria constraining municipal council’s appointment decision since 1965;

WHEREAS the governance structure of regional districts has been lauded as a model structure that provides for “a regional federation of autonomous partners, representing both municipal and non-municipal territory and allows each Regional District to tailor most of its individual functions, both regionally and sub-regionally, to its own evolving needs. The Regional District legislation was designed to promote inter-municipal cooperation, to provide services to non-municipal urban fringe or rural communities, and to stimulate consensus-based planning and co-ordination across regions;”1

WHEREAS regional districts are “part of the municipal system not separate from it. The regional district does not sit over the municipalities with the municipal units serving the region. Rather it is the reverse: the regional district exists to further the interests of its municipal members;”2


Appointment of Directors to Regional District BoardPage 2

Footnotes in Resolution:

1 40 Years: A Regional District Retrospective Summary of Proceedings, Local Government KnowledgePartnership, Ministry of Community & Rural Development, Local Government Management Association ofBritish Columbia, 2009,https://www.uvic.ca/hsd/publicadmin/assets/docs/LGI/RetrospectiveMar2009/Summary.pdf

2 A Primer on Regional Districts in British Columbia, Ministry of Community Services, 2006,https://www.regionaldistrict.com/media/28095/Primer_on_Regional_Districts_in_BC.pdf

WHEREAS the current section 198 of the Local Government Act provides ability, accountability, autonomy, and a democratic process for each municipal council to appoint the director to the regional board that best represents the views of majority of council on regional-scale services matters;

WHEREAS the Metro Vancouver Regional District is a federation of 21 municipalities, one Electoral Area and one Treaty First Nation that collaboratively plans for and delivers regional-scale services;

WHEREAS the Metro Vancouver Regional District Board, at its July 30, 2021 meeting, passed a resolution to request the Ministry of Municipal Affairs to amend the Local Government Act in section 198 [appointment and term of office for municipal directors], as necessary to require municipal councils to appoint the Mayor, or the Mayor’s designate, as the municipal director to the regional district board;

WHEREAS Metro Vancouver Regional District Board has not outlined the impetus and rationale for the proposed amendment to section 198 of the Local Government Act;

WHEREAS the proposed resolution passed by the Metro Vancouver Regional Board to amend the Local Government Act to require municipal councils to appoint the Mayor, or the Mayor’s designate, as the municipal director to the regional district board would affect all regional district boards in BC and that a broad consultation with all local governments in BC is necessary and required to consider this amendment;

THEREFORE, BE IT RESOLVED THAT the Ministry of Municipal Affairs conduct a broad consultative process in partnership with the Union of British Columbia Municipalities, Lower Mainland Local Government Association, and all local governments in BC to solicit feedback with tangible and objective rationale to support the amendment to section 19 of the Local Government Act to require municipal councils to appoint the Mayor, or the Mayor’s designate, as the municipal director to the regional district board; and that this motion be forwarded to Honourable Josie Osborne, Minister of Municipal Affairs, and all municipal councils in BC.

Yours truly,CITY OF LANGLEY

Kelly KenneyCorporate Officer

Cc BC Municipalities

Enclosure


To: MVRD Board of Directors From: Mayors Committee Date: July 9, 2021 Meeting Date: July 30, 2021 Subject: Municipal Director Appointment Process MAYORS COMMITTEE RECOMMENDATION That the MVRD Board request the Ministry of Municipal Affairs to amend the Local Government Act, in section 198 [appointment and term of office for municipal directors], as necessary to require municipal councils to appoint the Mayor, or the Mayor’s designate, as the municipal director to the regional district board. At its July 9, 2021 meeting, the Mayors Committee considered the attached report titled “Municipal Director Appointment Process”, dated June 18, 2021. The committee discussed seeking a statutory amendment to the provisions in the Local Government Act to require the appointment of the Mayor or designate as the municipal director on the regional district board. The Committee subsequently adopted the recommendation as presented above in underline style. This matter is now before the Board for its consideration. Attachment “Municipal Director Appointment Process”, dated June 18, 2021 46632665

Section E 2.1


46272792

To: Mayors Committee From: Chris Plagnol, Corporate Officer Date: June 18, 2021 Meeting Date: July 9, 2021 Subject: Municipal Director Appointment Process RECOMMENDATION That the Mayors Committee receive for information the report dated June 18, 2021, titled “Municipal Director Appointment Process”. EXECUTIVE SUMMARY BC’s regional districts are each governed by a board of directors which is composed of municipal directors, Treaty First Nations directors, and electoral area directors representing their local jurisdictions. As set out in the Local Government Act, the electoral area director is elected to the board, while the other directors are appointed. The decision to appoint rests with the municipal council or the treaty first nation governing body. The Act does not stipulate any criteria in making those appointment decisions, such as the Mayor should be the default appointment. To do so would require a statutory amendment to the Local Government Act. PURPOSE To outline the process and procedures related to the appointment of municipal directors to the Metro Vancouver board. BACKGROUND At its meeting of May 26, 2021, the Mayors Committee discussed the process by which directors, particularly Mayors or their designates, are appointed to the regional district board, and adopted the following resolution:

That the Mayors Committee direct staff to review the process and procedures for Mayor or their designate and Director appointments and report back.

This report provides for the committee’s consideration information on the municipal director appointment process. REGIONAL DISRICT GOVERNANCE The 27 regional districts in BC are modeled as a federation composed of municipalities, electoral areas, and Treaty First Nations, each of which has representation on the regional district board. The board is the governing body of the regional district, and is ultimately responsible for the services provided and the actions taken. This board is composed of one or more directors appointed from each member municipal council and each Treaty First Nation governing body, and of one or more directors elected from each electoral area, based on the population of the jurisdiction represented.

ATTACHMENT


Municipal Director Appointment Process

Mayors Committee Regular Meeting Date: July 9, 2021 Page 2 of 3

Metro Vancouver’s Boards In Metro Vancouver’s case, the MVRD board represents 21 municipalities, one Electoral Area and one Treaty First Nation, composed of 40 directors as follows:

• 38 municipal directors • 1 treaty first nation director • 1 electoral area director

It is important to note that in addition to the MVRD Board, Metro Vancouver is also governed by 3 other boards. The GVS&DD Act provides that the GVS&DD board comprises those persons who are directors for each jurisdiction within the GVS&DD on the MVRD board, together with the electoral area director. The GVWD Act contains a similar provision. Finally, the MVHC Articles of the Company stipulate that the directors for the MVHC board will mirror those appointed to the MVRD board. Appointment Process The Local Government Acts sets out the procedure for the appointment of directors. For municipal directors, section 198 of the Act states:

After the first appointment under section 41 (2) (e) [first board for regional district], each municipal director is to be appointed at pleasure by the council from among its member.

There is a significant phrase in this section and that is that each municipal director is to be appointed at pleasure by the council from among its members. This means that the decision to appoint (or remove) municipal directors rests entirely with the municipal council (as does the appointment of Alternate Directors, which is not addressed in this report). The Act does not stipulate any criteria in making those appointment decisions, such as the Mayor or Mayor’s designate should be the default appointment, followed by councillors. Since 1965, the Municipal Act (now Local Government Act) stipulated that municipal directors were appointed annually (after 2000, this provision was changed to “at the pleasure of council”). And since 1965, there have been no criteria constraining municipal council’s appointment decision. Electoral area directors and treaty first nation directors follow different provisions. The electoral area director is directly elected for a four-year term until the next general local election, as set out in section 199 of the Act. The treaty first nation director is appointed by the nation’s governing body and does not follow the “at pleasure” provision described above, but rather the term is set in accordance with section 254 of the Act. If the MVRD Board wishes to make changes to the appointment process presented above, the next step would be to seek legislative change to the Local Government Act. In this case, the statutory change would affect all regional district boards in BC. The Ministry would have to consider the effect of this more global change, and may restrict this provision to Metro Vancouver only and/or conclude that the same amendment is appropriate for other regional district boards.


Municipal Director Appointment Process

Mayors Committee Regular Meeting Date: July 9, 2021 Page 3 of 3

ALTERNATIVES This is an information report. No alternatives are presented. FINANCIAL IMPLICATIONS Directors appointed to the regional district board are remunerated in accordance with the Remuneration Bylaw. The process to appoint directors to the board does not affect the remuneration budget. CONCLUSION The process to appoint directors (municipal directors, treaty first nation directors, and electoral area directors) to regional district boards is prescribed by the Local Government Act. While the electoral area directors are directly elected to the boards, the municipal directors and treaty first nation directors are appointed by their municipal council and governing body respectively. The Act does not stipulate that the municipal director appointment must be the Mayor or the Mayor’s designate. As such, to introduce any appointment selection criteria for municipal directors would require a statutory amendment. This information is brought forward for the committee’s information. 46272792


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Subject: FW: Chicken Invitation

From: Vivian Vaillant <[email protected]>Sent: Friday, September 17, 2021 9:22 AMTo: council <[email protected]>Subject: Chicken Invitation

Greetings once again Council,

My name is Vivian. I have been in touch once before and had quite a lovely phone chat with Russ about hens and foodsecurity.

I'm writing again because I watched the meeting on September 8, and as much as I'd love to drop the matter and livemy busy life, I heard some things that really bothered me and I just can't let them go. Best to offer my feedback thancontinue to lose sleep.

Councillor Maureen commented about greenhouses that she felt they would too ugly for our neighborhoods. This is avalue statement that places beautification over food security. As council, you all voted unanimously to recognizeclimate change. This should mean that dealing with climate change through policy become a higher value than thesubjective definition of beauty.

Currently we do not produce enough food on the island to feed our population. As disasters continue to occur, foodsecurity is a real response to climate change. We must allow people to begin to reclaim their connection to their foodsources, an art that we have lost over the last few decades. This is important for all citizens, not just those of uspriveleged enough to have "large lots", or the right sun in their backyard for gardening. I understand that this is amassive shift in paradigm for us as a society, but we can no longer afford to choose lawns and picket fences over realclimate action.

Now let's talk again about chickens. I have had legal chickens in three municipalities. I would very much like to havelegal chickens here and don't particularly want to have to sell in Comox and buy in Courtenay to do so. I have five pointsfor you to consider:

1. I know that they can sound very scary, however as I discussed with Russ, bad hen keeping results in dead chickens.The problem literally self monitors. If you keep filthy hens, a desease called Coccidiosis (or one of many others) willsimply kill your hens. While there will be a learning curve, most people will either learn quickly, give up, or suffermassive flock loss.

2. There is a very large and supportive chicken network that is supported by three distinct Facebook groups here on theisland. The groups are Vancouver Island Backyard Chickens, Beginner Chicken Keeping, and Poultry veterinary advice.We don't have a Comox Valley specific group, but we could add one if that helps. There are also course offeringsavailable through Lush Valley and a number of mentors who are available to help with specific chicken questions. Nohen keeper is alone.

3. The concept of "large lots only" isn't particularly fair. While I am priveleged enough to have a large lot, I would beallowed to place my hens within the setbacks. (Presumably 2 meters from the fence) As long as a lot can accommodatethe setbacks on all sides and still have the space required, their lot should be considered large enough. Each henrequires 10 sq feet to be considered free run. (10 times what they get in a farm operation) A 400 square foot run is agenerous amount of space for 6 hens. (4 foot by 10 foot)

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4. I guarantee that chickens are less of a nuisance than already legal cats and dogs. They don't bark and whine. Achicken will never poop on a public sidewalk or in a neighbor garden. They won't fight with other pets. Their food is lesslikely to attract vermon than people who leave high protein cat/dog food outside.

5. Their bedding makes amazing compost. I know this point seems silly, but a second issue for climate change and watersecurity is the run off and creation of chemical fertilizers. Having chickens in a backyard garden closes the loop inpermaculture practice which allows gardeners to stop using these greenhouse gas causing products.

6. To Ken's concern about bilaw calls if people have lived beside each other for 20 years, I'm sure they can work it outover an omelette. Neighbors benefit from hens through the delight of the inevitable generosity of hen keepers. Nofamily I know can actually eat all the eggs they produce and they make lovely gifts.

The last time I wrote, I offered council a tour of existing backyard systems so that you could understand how wemitigate the issues you fear. That offer remains. Several hen keepers are very happy to show you around, possibly evenshare some of their eggs. What we ask is that you not make a rash decision based on fear before giving us theopportunity to address your concerns.

Thanks for reading. I hope I haven't rambled. I think I've written this letter in my sleep every night this week. I lookforward to hearing back from you. The hen keeper tour is standing ready!

Vivian

Life is good.778 992 1232


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Subject: FW: Air Quality Comox Valley

From: Mary Weiler <[email protected]>Sent: Tuesday, September 14, 2021 2:39 PMTo: council <[email protected]>; Russ Arnott <[email protected]>; m swift <[email protected]>; K Grant<[email protected]>; Alex Bissinger <[email protected]>; Stephanie McGowan <[email protected]>;[email protected]; Nicole Minions <[email protected]>; [email protected]; [email protected];[email protected]; [email protected]; [email protected]; [email protected];[email protected]; [email protected]; [email protected];[email protected]; [email protected]; [email protected];[email protected]; Leonard.MLA, Ronna Rae <Ronna [email protected]>; [email protected];[email protected]; [email protected]: Air Quality Comox Valley

Dear Municipal governments, MLA, regional governments, Island healthauthorities, provincial ministers

I am writing in regard to your continued efforts to safeguard our mostvaluable commodity, the air we breathe.

It disturbs me that an industry driven campaign to reverse the ban on wood burning appliances in the Comox Valley hasbeen circulating through social media and has generated misinformation and unnecessary divisiveness.overturntheban.caTheir comments clearly indicate a misunderstanding of temperature inversions, health risks associated with woodsmoke, alternative and cleaner sources of heat and, unfortunately, very little understanding of scientific evidence anddocumented researchsupporting the need to protect our air quality and reverse the causes of harmful air pollution due to wood smoke in theComox Valley in perpetuity.

In light of the pandemic virus that has, and continues to, threaten the respiratory health of global citizens, I am shockedthat having to work together to ensure best practices for clean air locally is even an issue.A reversal of the ban on the single largest cause of harmful air pollution (wood stove smoke) in the Comox Valley wheretemperature inversions are a common phenomenon would be a huge step backward.

In June and July, the wood stove industry, the Hearth, Patio and Barbeque Association (HPBA), presented a “three pillar proposal” to each of our three municipal councils and our regional district board. Six delegates from Canada and the US lobbied for HPBA's approach at each presentation. HPBA's proposal includes developing an industry-funded woodlot (and they are calling for the 'no new installation' bylaws to be revoked to help ensure investment), getting public funding to support rebates for new wood stoves, and doing 'better burning' education. Keep in mind that HPBA made these presentations at the very same time it is supposed to be working collaboratively with the Airshed Roundtable, which it is a member of, and which is in the middle of developing a strategy for reducing wood smoke. Impact of their proposal If implemented, HPBA's proposal will facilitate continued wood burning in our communities for many decades to come. Investing in infrastructure like a woodlot and new stoves is inconsistent with the Roundtable's draft goal of transitioning people away from biomass burning.

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The HPBA presentations were another step in this industry lobby group's ongoing campaign against the local ‘no new installation’ bylaws passed by our municipalities. Since last fall, HPBA has invested thousands of dollars in an extensive ad and lobbying campaign, called “Overturn the Ban”, often using misleading information which annoyed local leaders.

Libby, Montana is often showcased by the wood stove industry as a very successful example of how replacing old stoves with new ones (and educating people about better burning) can make a real

difference. The program cost $2.1 million US and replaced 1200 uncertified stoves.

But if Libby was in Canada, it would still exceed our air quality standards every single year. Is that ‘success’?

May I suggest an educational campaign be launched by our local municipalities and CVRD on your websites and perhapsby mail out to each home in the Comox Valley bringing awareness to the importance of air quality.Although I trust that a majority of local citizens are aware of environmental concerns, there is a flux of new subdivisionsbeing developed bringing more people to the valley. Plus, reaching out to the general population here is an extensionof proactive leadership,forward thinking and informing citizens with knowledge that may help us all make better decisions together.

Here are some basic topics in regard to local air quality that I wouldappreciate being supported and circulated by local governments:

1. Health Concerns:https://breathecleanair.ca/health/

2. What is Temperature Inversion:https://www.bing.com/videos/search?q=weather+inversions+that+trap+woodsmoke+in+valleys&&view=detail&mid=6CE364755BC784B458FE6CE364755BC784B458FE&&FORM=VDRVRV

3. Status of Air Quality Threshold in the Comox Valley:https://www2.gov.bc.ca/assets/gov/environment/air land water/air/reports pub/air zonereports/air_zone_management_response_march_2019.pdf

4. What are the Risks:https://breathecleanair.ca/problem/

5. What are the solutions:https://breathecleanair.ca/3200 rebates in cumberland west courtenay/

I appreciate your time and your effort in ensuring the quality of lifeand health here in the Comox Valley,Mary Weiler


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From: Lia PesklevitsSent: September 5, 2021 6:03 PMTo: Town of Comox – AdministrationSubject: FW: Turf

Follow Up Flag: Follow upFlag Status: Flagged

From: [email protected] <[email protected]>Sent: September 5, 2021 11:34 AMTo: council <[email protected]>Subject: Turf

To Comox Town Council,As a member of the Comox Valley United Soccer Club, I’m writing to you to bring to light thechallenges that our club encounters annually regarding access and priority at our region'srecreational facilities. As you may be aware, CVUSC is one of the largestgrassroots sports’ organizations in the North Island with nearly 1200 members. Ourorganization has invested nearly $1M in local sports infrastructure (with a further $250kplanned), but we struggle in almost every phase of programming to secure the facilities thatwe require for our dedicated players and soccer community.10 years ago, the club had originally planned to build two turf fields with lights at Valley Viewwhich would have met our needs for decades to come but after countless hours of volunteereffort, and public consultation, this proposal was rejected by the City of Courtenay council atthe 11th hour with limited justification given. As such, we had to refocus our efforts on theVanier complex which only succeeded because of money granted to us by the health authoritydue to one of our primary pitches; Queneesh, needing to be removed to build the newhospital. This notwithstanding, our club has contributed approx. $600k into that complex overthe years. Regardless, 10 years later and despite our investment into the community, wecontinue to struggle to gain access to facilities or secure investment from local governmentfor more facilities.Clearly and objectively, our club deserves the same access and investment that other activitiesenjoy, for no other reasons than we are a large grassroots sports organization keeping kidsactive and that we have contributed more than our fair share to local sports infrastructure.With our population growing rapidly and our club seeing record numbers of registrations yearby year, there is a clear need and desire for children to participate in organized sports and I amseeking support from the Town of Comox and asking for you to re prioritize youth sports andconsider construction of more sports facilities. To this last point, the club has outgrown ourcurrent turf field and has been forced to crammore than 100 children into some sessions tosay nothing of our competitive teams that simply cannot gain any more access than theycurrently have as no other facilities exist for them to do so. Thank you immensely in advance

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for your consideration, and I look forward to a cordial and productive discussion with you onthis matter.

Sincerely, Nathalie


To Comox Town Council, As a member of the Comox Valley United SC, I’m writing to you to bring to light the challenges that our club encounters annually regarding access and priority at our region's recreational facilities. As you may be aware, CVUSC is one of the largest grassroots sports organizations in the North Island with nearly 1200 members, but despite this and the fact that our organization has invested nearly $1M in local sports infrastructure (with a further $250k planned), we struggle in almost every phase of programming to secure the facilities that we require. 10 years ago, the club had originally planned to build two turf fields with lights at Valley View which would have met our needs for decades to come but after countless hours of volunteer effort, and public consultation this proposal was rejected by the City of Courtenay council at the 11th hour with limited justification given. As such, we had to refocus our efforts on the Vanier complex which only succeeded because of money granted to us by the health authority due to one of our primary pitches; queneesh, needing to be removed to build the new hospital. This notwithstanding our club has contributed approx. $600k into that complex over the years. Regardless, 10 years later and despite our investment into the community we continue to struggle to gain access to facilities or secure investment from local government for more facilities. Clearly and objectively, our club deserves the same access and investment that other activities enjoy, for no other reasons than we are a large grassroots sports organization keeping kids active and that we have contributed more than our fair share to local sports infrastructure. With our population growing rapidly and our club seeing record numbers of registration year by year, the need for children to play sports is clearly growing and I believe it is high-time that the Town of Comox re-prioritize youth sports and consider construction of more sports facilities. To this last point, the club has outgrown our current turf field and has been forced to cram more than 100 children into some sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so. I look forward to a cordial and productive discussion with you on this matter, Sincerely, Rob Caya

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Subject: FW:

From: Jen Seller Kristmanson <[email protected]>Sent: September 2, 2021 1:29 PMTo: council <[email protected]>Subject:

To Comox Town Council,As a member of the Comox Valley United SC, I’m writing to you to bring to light the challenges that our club encounters annually regarding access and priority at our region's recreational facilities. As you may be aware, CVUSC is one of the largest grassroots sports organizations in the North Island with nearly 1200 members, but despite this and the fact that our organization has invested nearly $1M in local sports infrastructure (with a further $250k planned), we struggle in almost every phase of programming to secure the facilities that we require.

10 years ago, the club had originally planned to build two turf fields with lights at Valley View which would have met our needs for decades to come but after countless hours of volunteer effort, and public consultation this proposal was rejected by the City of Courtenay council at the 11th hour with limited justification given. As such, we had to refocus our efforts on the Vanier complex which only succeeded because of money granted to us by the health authority due to one of our primary pitches; queneesh, needing to be removed to build the new hospital. This notwithstanding our club has contributed approx. $600k into that complex over the years. Regardless, 10 years later and despite our investment into the community we continue to struggle to gain access to facilities or secure investment from local government for more facilities.

Clearly and objectively, our club deserves the same access and investment that other activities enjoy, for no other reasons than we are a large grassroots sports organization keeping kids active and that we have contributed more than our fair share to local sports infrastructure. With our population growing rapidly and our club seeing record numbers of registration year by year, the need for children to play sports is clearly growing and I believe it is high-time that the Town of Comox re-prioritize youth sports and consider construction of more sports facilities. To this last point, the club has outgrown our current turf field and has been forced to cram more than 100 children into some sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so.

I look forward to a cordial and productive discussion with you on this matter,Sincerely,Jennifer Kristmanson250 898 4442

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Subject: FW: Lack of sports facilities in the Valley

From: Claudia Vachon <[email protected]>Sent: September 2, 2021 8:34 AMTo: council <[email protected]>Cc: Stefan Szkwarek <[email protected]>Subject: Lack of sports facilities in the Valley

To Comox Town Council, As a member of the Comox Valley United SC, I’m writing to you to bring to light the challenges that our club encounters annually regarding access and priority at our region's recreational facilities. As you may be aware, CVUSC is one of the largest grassroots sports organizations in the North Island with nearly 1200 members, but despite this and the fact that our organization has invested nearly $1M in local sports infrastructure (with a further $250k planned), we struggle in almost every phase of programming to secure the facilities that we require. 10 years ago, the club had originally planned to build two turf fields with lights at Valley View which would have met our needs for decades to come but after countless hours of volunteer effort, and public consultation this proposal was rejected by the City of Courtenay council at the 11th hour with limited justification given. As such, we had to refocus our efforts on the Vanier complex which only succeeded because of money granted to us by the health authority due to one of our primary pitches; Queneesh, needing to be removed to build the new hospital. This notwithstanding our club has contributed approx. $600k into that complex over the years. Regardless, 10 years later and despite our investment into the community we continue to struggle to gain access to facilities or secure investment from local government for more facilities. Clearly and objectively, our club deserves the same access and investment that other activities enjoy,for no other reasons than we are a large grassroots sports organization keeping kids active and that we have contributed more than our fair share to local sports infrastructure. With our population growing rapidly and our club seeing record numbers of registration year by year, the need for children to play sports is clearly growing and I believe it is high-time that the Town of Comox re-prioritize youth sports and consider construction of more sports facilities. To this last point, the club has outgrown our current turf field and has been forced to cram more than 100 children into some sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so. I look forward to a cordial and productive discussion with you on this matter, Sincerely,Claudia VachonCourtenay, BC

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Subject: FW: Additional Turf Facilities

From: Adam Mooi <[email protected]>Sent: September 2, 2021 9:06 AMTo: council <[email protected]>Cc: Stefan Szkwarek <[email protected]>Subject: Additional Turf Facilities

To Comox Town Council, As a member of the Comox Valley United SC, I’m writing to you to bring to light the challenges that our club encounters annually regarding access and priority at our region's recreational facilities. As you may be aware, CVUSC is one of the largest grassroots sports organizations in the North Island with nearly 1200 members, but despite this and the fact that our organization has invested nearly $1M in local sports infrastructure (with a further $250k planned), we struggle in almost every phase of programming to secure the facilities that we require. 10 years ago, the club had originally planned to build two turf fields with lights at Valley View which would have met our needs for decades to come but after countless hours of volunteer effort, and public consultation this proposal was rejected by the City of Courtenay council at the 11 th hour with limited justification given. As such, we had to refocus our efforts on the Vanier complex which only succeeded because of money granted to us by the health authority due to one of our primary pitches; queneesh, needing to be removed to build the new hospital. This notwithstanding our club has contributed approx. $600k into that complex over the years. Regardless, 10 years later and despite our investment into the community we continue to struggle to gain access to facilities or secure investment from local government for more facilities. Clearly and objectively, our club deserves the same access and investment that other activities enjoy, for no other reasons than we are a large grassroots sports organization keeping kids active and that we have contributed more than our fair share to local sports infrastructure. With our population growing rapidly and our club seeing record numbers of registration year by year, the need for children to play sports is clearly growing and I believe it is high-time that the Town of Comox re-prioritize youth sports and consider construction of more sports facilities. To this last point, the club has outgrown our current turf field and has been forced to cram more than 100 children into some sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so.

I look forward to a cordial and productive discussion with you on this matter. Sincerely, Adam MooiComox Valley United Soccer Club Manager of Soccer Operations & Technical Lead

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Subject: FW: It's time to prioritize youth soccer!

From: myra <[email protected]>Sent: Thursday, September 2, 2021 10:20 PMTo: council <[email protected]>Subject: It's time to prioritize youth soccer!

To Comox Town Council,

As a member of the Comox Valley United SC, I’m writing to you to bring to light the challenges that our club encounters annually regarding access and priority at our region's recreational facilities. As you may be aware, CVUSC is one of the largest grassroots sports organizations in the North Island with nearly 1200 members, but despite this and the fact that our organization has invested nearly $1M in local sports infrastructure (with a further $250k planned), we struggle in almost every phase of programming to secure the facilities that we require.

10 years ago, the club had originally planned to build two turf fields with lights at Valley View which would have met our needs for decades to come but after countless hours of volunteer effort, and public consultation this proposal was rejected by the City of Courtenay council at the 11th hour with limited justification given. As such, we had to refocus our efforts on the Vanier complex which only succeeded because of money granted to us by the health authority due to one of our primary pitches; Queneesh, needing to be removed to build the new hospital. This notwithstanding our club has contributed approx. $600k into that complex over the years. Regardless, 10 years later and despite our investment into the community we continue to struggle to gain access to facilities or secure investment from local government for more facilities.


I look forward to a cordial and productive discussion with you on this matter.

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Sincerely,

Myra Wilson


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Subject: FW: New turf for Comox - it’s time!

From: Lyndsay Van Achte <[email protected]>Sent: Thursday, September 2, 2021 8:51 PMTo: council <[email protected]>Subject: New turf for Comox it’s time!





I look forward to a cordial and productive discussion with you on this matter,

Sincerely,

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From: bobi Lineker <[email protected]> Sent: September 3, 2021 8:47 AM To: council <[email protected]> Subject: lack of facilities




Clearly and objectively, our club deserves the same access and investment that other activities enjoy,for no other reasons than we are a large grassroots sports organization keeping kids active and that we have contributed more than our fair share to local sports infrastructure. With our population growing rapidly and our club seeing record numbers of registration year by year, the need for children to play sports is clearly growing and I believe it is high-time that the Town of Comox re-prioritize

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youth sports and consider construction of more sports facilities. To this last point, the club has outgrown our current turf field and has been forced to cram more than 100 children into some sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so.


Sincerely,

bobi Lineker


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From: Lia PesklevitsSent: September 3, 2021 1:14 PMTo: Town of Comox – AdministrationCc: Shelly Russwurm: Town of ComoxSubject: FW: Soccer Facilities


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From: Cal Bo <[email protected]> Sent: September 3, 2021 11:25 AM To: council <[email protected]> Subject: Soccer Facilities To Comox Town Council, As a member of the Comox Valley United SC, I’m writing to you to bring to light the challenges that our club encounters annually regarding access and priority at our region#39's recreational facilities. As you may be aware, CVUSC is one of the largest grassroots sports organizations in the North Island with nearly 1200 members, but despite this and the fact that our organization has invested nearly $1M in local sports infrastructure (with a further $250k planned), we struggle in almost every phase of programming to secure the facilities that we require. 10 years ago, the club had originally planned to build two turf fields with lights at Valley View which would have met our needs for decades to come but after countless hours of volunteer effort, and public consultation this proposal was rejected by the City of Courtenay council at the 11 th hour with limited justification given. As such, we had to refocus our efforts on the Vanier complex which only succeeded because of money granted to us by the health authority due to one of our primary pitches; queneesh, needing to be removed to build the new hospital. This notwithstanding our club has contributed approx. $600k into that complex over the years. Regardless, 10 years later and despite our investment into the community we continue to struggle to gain access to facilities or secure investment from the local government for more facilities. Clearly and objectively, our club deserves the same access and investment that other activities enjoy, for no other reasons than we are a large grassroots sports organization keeping kids active and that we have contributed more than our fair share to local sports infrastructure. With our population growing rapidly and our club seeing record numbers of registration year by year, the need for children to play sports is clearly growing and I believe it is high‐time that the Town of Comox re‐prioritize youth sports and consider construction of more sports facilities. To this last point, the club has outgrown our current turf field and has been forced to cram more than 100 children into some sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so. I look forward to a cordial and productive discussion with you on this matter. Sincerely,


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From: Remi P. Tran <[email protected]> Sent: September 3, 2021 12:31 PM To: council <[email protected]> Subject: Sports Facilities




Clearly and objectively, our club deserves the same access and investment that other activities enjoy,for no other reasons than we are a large grassroots sports organization keeping kids active and that we have contributed more than our fair share to local sports infrastructure. With our population growing rapidly and our club seeing record numbers of registration year by year, the need for children to play sports is clearly growing and I believe it is high-time that the Town of Comox re-prioritize youth sports and consider construction of more sports facilities. To this last point, the club has outgrown our current turf field and has been forced to cram more than 100 children into some

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sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so. I look forward to a cordial and productive discussion with you on this matter, Sincerely, Remi Tran Financial Advisor Raymond James Ltd. 1-1841 Comox Ave Comox, BC V9M 3M3 Toll free.1-877-334-9294 Ph. 250.334.9294 Fax 250.334.9204 [email protected] www.raymondjames.ca/remitran ____________________________________________________________________________________ This message and any attachments are intended only for the use of the addressee or their authorized representative. It may contain information that is privileged and/or confidential. Any unauthorized dissemination, distribution or copying of this communication or any part thereof, in any form whatsoever is strictly prohibited. If you have received this communication in error, please delete permanently the original e‐mail and attachments, destroy all hard copies that may exist, and notify the sender immediately. Raymond James may monitor and review the content of all email communications. Trade instructions by email or voicemail will not be accepted or acted upon. Please contact us directly by telephone to place trades. Unless otherwise stated, opinions expressed in this email are those of the author and are not endorsed by Raymond James. Raymond James accepts no liability for any errors, omissions, loss or damage arising from the content, transmission or receipt of this email. The designation Raymond James, mentioned in this notice and disclaimer, refers to and include the following divisions and entities: Raymond James Ltd., a member of the Investment Industry Regulatory Organization of Canada (IIROC) and of the Canadian Investor Protection Fund (CIPF); its divisions 3Macs, MacDougall, MacDougall & MacTier and Raymond James Correspondent Services; and its subsidiaries: Raymond James Financial Planning Ltd. registered as a life insurance agency in all provinces except the province of Québec where it is registered as Financial Services Firm with the Autorité des marchés financiers (AMF); Raymond James Investment Counsel Ltd., a firm primarily regulated and governed by the British Columbia Securities Commission but registered and regulated by securities commissions in other Canadian provinces, and also regulated by the U.S. Securities and Exchange Commission; Raymond James Trust (Canada), a trust company regulated by the Office of the Superintendent of Financial Institutions (OSFI); and, Raymond James Trust (Québec) Ltd., a trust company regulated by the AMF. ____________________________________________________________________________________ ____________________________________________________________________________________ Ce message ainsi que le ou les fichiers qui y sont joints sont à l’usage exclusif du destinataire ci‐dessus ou de son mandataire autorisé. Cette communication pourrait contenir de l’information privilégiée et confidentielle. Toute diffusion, distribution ou reproduction non autorisée de cette communication électronique, en tout ou en partie, sous quelque forme que ce soit, est strictement interdite. Si vous avez reçu cette communication et toute pièce jointe par erreur, veuillez les supprimer de façon permanente de vos systèmes, en détruire toute copie et en informer immédiatement l'expéditeur. Raymond James peut surveiller et examiner le contenu de toutes les communications électroniques. Les instructions portant sur des opérations, communiquées par courriel ou dans une boîte vocale, ne seront pas acceptées, ni exécutées. Veuillez communiquer avec nous directement par téléphone pour donner des instructions d’opérations boursières. Sauf indication contraire, les avis exprimés dans le présent courriel sont ceux de l'auteur et ne sont pas approuvés par Raymond James. Raymond James décline toute responsabilité en cas d'erreurs, d'omissions, de pertes ou de dommages découlant du contenu, de la transmission ou de la réception du présent courriel. Le nom Raymond James utilisé dans le présent avis et clause de non responsabilité réfère et comprend les divisions et entités: Raymond James Ltd., une société membre de l’Organisme canadien de réglementation du commerce des valeurs mobilières (OCRCVM) et du Fonds canadien de protection des épargnants (FCPE), ses divisions 3Macs, MacDougall, MacDougall & MacTier et Services de correspondants Raymond James; et ses filiales : Planification financière Raymond James Ltée, société inscrite en tant que société


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d’assurance‐vie en lien avec la vente de produits d’assurance dans toutes les provinces sauf dans la province de Québec où elle est inscrite en tant que Cabinet de services financiers auprès de l’Autorité des marchés financiers (AMF); Conseils en placement Raymond James Ltd., firme principalement réglementée et régie par la Commission des valeurs mobilières de la Colombie‐Britannique mais également soumise à la surveillance et inscrite auprès des Commissions de valeurs mobilières d’autres provinces canadiennes) et est réglementée par la Commission des valeurs mobilières des États‐Unis (SEC); Fiducie Raymond James (Canada), une société de fiducie inscrite auprès du Bureau du surintendant des institutions financières (BSIF); et, Fiducie Raymond James (Québec) Ltée, une société de fiducie inscrite auprès de l’AMF. ____________________________________________________________________________________

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Sincerely, Cheri Tilley Comox Valley United Soccer Club Business Operations Manager

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From: Jason Major <[email protected]>Sent: September 3, 2021 1:09 PMTo: council <[email protected]>Cc: Stefan Szkwarek <[email protected]>Subject: Comox Valley United Soccer Request





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sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so. I look forward to a cordial and productive discussion with you on this matter, Sincerely,

Jason Major


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From: Lia PesklevitsSent: September 3, 2021 2:25 PMTo: Town of Comox – AdministrationSubject: FW: Turf Field in Comox


From: Claire Hughson <[email protected]> Sent: September 3, 2021 1:44 PM To: council <[email protected]> Subject: Turf Field in Comox




Clearly and objectively, our club deserves the same access and investment that other activities enjoy, for no other reasons than we are a large grassroots sports organization keeping kids active and that we have contributed more than our fair share to local sports infrastructure. With our population growing rapidly and our club seeing record numbers of registration year by year, the need for children to play sports is clearly growing and I believe it is high-time that the Town of Comox re-prioritize youth sports and consider construction of more sports facilities. To this last point, the club has outgrown our current

O - cfileCopies - Council- JW/SA/AB/TH/LP


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turf field and has been forced to cram more than 100 children into some sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so. I look forward to a cordial and productive discussion with you on this matter, Sincerely, Claire Hughson


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From: Lia PesklevitsSent: September 3, 2021 2:25 PMTo: Town of Comox – AdministrationSubject: FW: CVUSC Field improvement


From: Nick Gallie <[email protected]>Sent: September 3, 2021 12:43 PMTo: council <[email protected]>Subject: CVUSC Field improvement


As a member of the Comox Valley United SC, I’m writing to you to bring to light the challenges that our club encounters annually regarding access and priority at our region's recreational facilities As you may be aware, CVUSC is one of the largest grassroots sports organizations in the North Island with nearly 1200 members, but despite this and the fact that our organization has invested nearly $1M in local sports infrastructure (with a further $250k planned), we struggle in almost every phase of programming to secure the facilities that we require.


Clearly and objectively, our club deserves the same access and investment that other activities enjoy,for no other reasons than we are a large grassroots sports organization keeping kids active and that we have contributed more than our fair share to local sports infrastructure. With our population growing rapidly and our club seeing record numbers of registration year by year, the need for children to play sports is clearly growing and I believe it is high-time that the Town of Comox re-prioritize youth sports and consider construction of more sports facilities. To this last point, the club has outgrown our current turf field and has been forced to cram more than 100 children into some sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so


Sincerely,

O - CfileCopies - Council- JW/SA/AB/TH/LP

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Sept 3, 2021

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Nick Gallie

Thank you and have a great day.

Virus-free. www.avast.com


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From: Lia PesklevitsSent: September 3, 2021 2:26 PMTo: Town of Comox – AdministrationSubject: FW: CV United Soccer


From: Ali Love <[email protected]>Sent: September 3, 2021 1:46 PMTo: council <[email protected]>Subject: CV United Soccer






RECEIVED

TOWN OF COMOX

Sept 3, 2021

LOG: REFER: AGENDA:

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turf field and has been forced to cram more than 100 children into some sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so.


Sincerely,Jay and Ali Love


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From: Lia PesklevitsSent: September 3, 2021 2:26 PMTo: Town of Comox – AdministrationSubject: FW: Turf field in Comox


From: leah leblond <[email protected]> Sent: September 3, 2021 1:45 PM To: council <[email protected]> Subject: Turf field in Comox




Clearly and objectively, our club deserves the same access and investment that other activities enjoy,for no other reasons than we are a large grassroots sports organization keeping kids active and that we have contributed more than our fair share to local sports infrastructure. With our population growing rapidly and our club seeing record numbers of registration year by year, the need for children to play sports is clearly growing and I believe it is high-time that the Town of Comox re-prioritize youth sports and consider construction of more sports facilities. To this last point, the club has outgrown our current turf field and has been forced to cram more than 100 children into some sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so.


Sincerely,

O - Cfile: 0850-01Copies - Council- JW/SA/AB/TH/LP


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Leah LeBlond CVUSC parent and volunteer coach


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From: Lia PesklevitsSent: September 3, 2021 2:26 PMTo: Town of Comox – AdministrationSubject: FW: Soccer Facilities


From: Ali Pochereva <[email protected]>Sent: September 3, 2021 1:50 PMTo: council <[email protected]>Subject: Soccer Facilities





O - CfileCopies - Council-JW/SA/AB/TH/LP

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TOWN OF COMOX

Sept 3, 2021

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Sincerely,Alison Pochereva


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From: Lia PesklevitsSent: September 3, 2021 2:26 PMTo: Town of Comox – AdministrationSubject: FW: New soccer field please!


From: Jennifer Dilfer <[email protected]>Sent: September 3, 2021 1:54 PMTo: council <[email protected]>Subject: New soccer field please!






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TOWN OF COMOX

Sept 3, 2021

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Sincerely,Jenn Dilfer

Sent from my iPhone


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From: Lia PesklevitsSent: September 3, 2021 2:27 PMTo: Town of Comox – AdministrationSubject: FW: Soccer Facilities


From: Susan Pochereva <[email protected]>Sent: September 3, 2021 1:59 PMTo: council <[email protected]>Subject: Soccer Facilities


As a grandparent of a member of the Comox Valley United SC, I’m writing to you to bring to light the challenges that our club encounters annually regarding access and priority at our region's recreational facilities. As you may be aware, CVUSC is one of the largest grassroots sports organizations in the North Island with nearly 1200 members, but despite this and the fact that our organization has invested nearly $1M in local sports infrastructure (with a further $250k planned), we struggle in almost every phase of programming to secure the facilities that we require.




Sincerely,Sue Pochereva

Sent from my iPad


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TOWN OF COMOX

Sept 3, 2021

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From: Lia PesklevitsSent: September 3, 2021 2:27 PMTo: Town of Comox – AdministrationSubject: FW: Turf Field


From: Stephanie Ibbott <[email protected]>Sent: September 3, 2021 1:59 PMTo: council <[email protected]>Subject: Turf Field





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Sept 3, 2021

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Sincerely,

Stephanie Stella Ibbott


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From: Lia PesklevitsSent: September 3, 2021 2:27 PMTo: Town of Comox – AdministrationSubject: FW: Turf Field for Valley View please!


From: Tara Ludwig <[email protected]> Sent: September 3, 2021 2:02 PM To: council <[email protected]> Subject: Turf Field for Valley View please!







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turf field and has been forced to cram more than 100 children into some sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so. I look forward to a cordial and productive discussion with you on this matter, Sincerely, Tara Ludwig





Clearly and objectively, our club deserves the same access and investment that other activities enjoy, for no other reasons than we are a large grassroots sports organization keeping kids active and that we have contributed more than our fair share to local sports infrastructure. With our population growing rapidly and our club seeing record numbers of registration year by year, the need for children to play sports is clearly growing and Ibelieve it is high-time that the Town of Comox re-prioritize youth sports and consider construction of more sports facilities. To this last point, the club has outgrown our current turf field and has been forced to cram more than 100 children into some sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so.


Sincerely,Shannon Wind


RECEIVED

TOWN OF COMOX

Sept 3, 2021

LOG: REFER: AGENDA:

FILE: ACTION:

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From: Lia PesklevitsSent: September 3, 2021 2:55 PMTo: Town of Comox – AdministrationSubject: FW: Attention


From: Gale Hansen <[email protected]>Sent: September 3, 2021 2:47 PMTo: council <[email protected]>Subject: Attention


As a member of the Comox Valley United SC, I’m writing to you to bring to light the challenges that our club encountersannually regarding access and priority at our region's recreational facilities. As you may be aware, CVUSC is one of thelargest grassroots sports organizations in the North Island with nearly 1200 members, but despite this and the fact thatour organization has invested nearly $1M in local sports infrastructure (with a further $250k planned), we struggle inalmost every phase of programming to secure the facilities that we require.

10 years ago, the club had originally planned to build two turf fields with lights at Valley View which would have met ourneeds for decades to come but after countless hours of volunteer effort, and public consultation this proposal wasrejected by the City of Courtenay council at the 11th hour with limited justification given. As such, we had to refocus ourefforts on the Vanier complex which only succeeded because of money granted to us by the health authority due to oneof our primary pitches; queneesh, needing to be removed to build the new hospital. This notwithstanding our club hascontributed approx. $600k into that complex over the years. Regardless, 10 years later and despite our investment intothe community we continue to struggle to gain access to facilities or secure investment from local government for morefacilities.

Clearly and objectively, our club deserves the same access and investment that other activities enjoy, for no otherreasons than we are a large grassroots sports organization keeping kids active and that we have contributed more thanour fair share to local sports infrastructure. With our population growing rapidly and our club seeing record numbers ofregistration year by year, the need for children to play sports is clearly growing and I believe it is high time that theTown of Comox re prioritize youth sports and consider construction of more sports facilities. To this last point, the clubhas outgrown our current turf field and has been forced to cram more than 100 children into some sessions to saynothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilitiesexist for them to do so.


Sincerely,

Gale Hansen


RECEIVED

TOWN OF COMOX

Sept 3, 2021

LOG: REFER: AGENDA:

FILE: ACTION:

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Get Outlook for Android


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From: Lia PesklevitsSent: September 3, 2021 2:55 PMTo: Town of Comox – AdministrationSubject: FW: Prioritize Youth Sports


From: Kate Banadyga <[email protected]> Sent: September 3, 2021 2:46 PM To: council <[email protected]> Subject: Prioritize Youth Sports


As a member of the Comox Valley United SC, I’m writing to you to bring to light the challenges that our club encounters annually regarding access and priority at our region's recreational facilities. As you may be aware, CVUSC is one of the largest grassroots sports organizations in the North Island with nearly 1,200 members, but despite this and the fact that our organization has invested nearly $1M in local sports infrastructure (with a further $250k planned), we struggle in almost every phase of programming to secure the facilities that we require.





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turf field and has been forced to cram more than 100 children into some sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so. I look forward to a cordial and productive discussion with you on this matter, Sincerely, Kate Banadyga Coach Division Manager Parent


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From: Lia PesklevitsSent: September 3, 2021 6:13 PMTo: Town of Comox – AdministrationSubject: FW: Soccer turf field


From: Derick Jacobson <[email protected]>Sent: September 3, 2021 4:41 PMTo: council <[email protected]>Subject: Soccer turf field




Clearly and objectively, our club deserves the same access and investment that other activities enjoy, for no other reasons than we are a large grassroots sports organization keeping kids active and that we have contributed more than our fair share to local sports infrastructure. With our population growing rapidly and our club seeing record numbers of registration year by year, the need for children to play sports is clearly growing and I believe it is high-time that the Town of Comox re-prioritize youth sports and consider

RECEIVED

TOWN OF COMOX

Sept 3, 2021

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construction of more sports facilities. To this last point, the club has outgrown our current turf field and has been forced to cram more than 100 children into some sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so.


Sincerely,

Derick Jacobson


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From: Lia PesklevitsSent: September 3, 2021 6:13 PMTo: Town of Comox – AdministrationSubject: FW: new soccer turf


From: Marshall . <[email protected]>Sent: September 3, 2021 4:46 PMTo: council <[email protected]>Subject: new soccer turf







RECEIVED

TOWN OF COMOX

Sept 3, 2021

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Sincerely, Dana Marshall

Sent from Mail for Windows


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From: Lia PesklevitsSent: September 3, 2021 6:14 PMTo: Town of Comox – AdministrationSubject: FW: New Turf Field for growing Comox soccer families


From: 4 Guile Kidz <[email protected]>Sent: September 3, 2021 5:15 PMTo: council <[email protected]>Subject: New Turf Field for growing Comox soccer families


As a member of the Comox Valley United SC, I’m writing to you to bring to light the challenges that our club encounters annually regarding access and priority at our regions' recreational facilities. As you may be aware, CVUSC is one of the largest grassroots sports organizations in the North Island with nearly 1200 members, but despite this and the fact that our organization has invested nearly $1M in local sports infrastructure (with a further $250k planned), we struggle in almost every phase of programming to secure the facilities that we require. 10 years ago, the club had originally planned to build two turf fields with lights at Valley View which would have met our needs for decades to come but after countless hours of volunteer effort, and public consultation this proposal was rejected by the City of Courtenay council at the 11th hour with limited justification given. As such, we had to refocus our efforts on the Vanier complex which only succeeded because of money granted to us by the health authority due to one of our primary pitches; queneesh, needing to be removed to build the new hospital. This notwithstanding our club has contributed approx. $600k into that complex over the years. Regardless, 10 years later and despite our investment into the community we continue to struggle to gain access to facilities or secure investment from local government for more facilities. Clearly and objectively, our club deserves the same access and investment that other activities enjoy, for no other reasons than we are a large grassroots sports organization keeping kids active and that we have contributed more than our fair share to local sports infrastructure. With our population growing rapidly and our club seeing record numbers of registration year by year, the need for children to play sports is clearly growing and I believe it is high-time that the Town of Comox re-prioritize youth sports and consider construction of more sports facilities. To this last point, the club has outgrown our current turf field and has been forced to cram more than 100 children into some sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so. I look forward to a cordial and productive discussion with you on this matter, Sincerely, Brandon and Sarah Guile, and 4 soccer kids


RECEIVED

TOWN OF COMOX

Sept 3, 2021

LOG: REFER: AGENDA:

FILE: ACTION:

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From: Lia PesklevitsSent: September 5, 2021 5:52 PMTo: Town of Comox – AdministrationSubject: FW: New facilities


From: Michelle Wiest <[email protected]>Sent: September 3, 2021 3:15 PMTo: council <[email protected]>Subject: New facilities





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Sept 3, 2021

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sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so.


Sincerely,

Michelle Wiest and Darcy Saccucci


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From: Lia PesklevitsSent: September 5, 2021 5:53 PMTo: Town of Comox – AdministrationSubject: FW: Turf fields


From: Jill Kotapski <[email protected]>Sent: September 3, 2021 6:22 PMTo: council <[email protected]>Subject: Turf fields




Clearly and objectively, our club deserves the same access and investment that other activities enjoy, for no other reasons than we are a large grassroots sports organization keeping kids active and that we have contributed more than our fair share to local sports infrastructure. With our population growing rapidly and our club seeing record numbers of registration year by year, the need for children to play sports is clearly growing and I believe it is high-time that the Town of Comox re-prioritize youth sports and consider construction of more sports facilities. To this last point, the club has outgrown our current turf field and has been forced to cram more than 100 children into some sessions to say


RECEIVED

TOWN OF COMOX

Sept 3, 2021

LOG: REFER: AGENDA:

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nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so.


Sincerely,Jill Kotapski

Sent from my iPhone


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From: Lia PesklevitsSent: September 5, 2021 5:53 PMTo: Town of Comox – AdministrationSubject: FW: Soccer facility


From: Dave and Lisa Hyndman/Heron <[email protected]>Sent: September 3, 2021 8:50 PMTo: council <[email protected]>Subject: Soccer facility






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TOWN OF COMOX

Sept 3, 2021

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Sincerely,Lisa Heron(Hyndman family)


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From: Lia PesklevitsSent: September 5, 2021 5:54 PMTo: Town of Comox – AdministrationSubject: FW: Needed Soccer Fields Comox Valley


From: Dawn Anderson <[email protected]>Sent: September 4, 2021 6:11 AMTo: council <[email protected]>Subject: Needed Soccer Fields Comox Valley






Sincerely,The Anderson Family


RECEIVED

TOWN OF COMOX

Sept 6, 2021

LOG: REFER: AGENDA:

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From: Lia PesklevitsSent: September 5, 2021 5:56 PMTo: Town of Comox – AdministrationSubject: FW: New Turf Field


From: Gokhan Avcil <[email protected]>Sent: September 4, 2021 9:15 AMTo: council <[email protected]>Subject: New Turf Field






Sincerely, Gokhan Avcil


RECEIVED

TOWN OF COMOX

Sept 7, 2021

LOG: REFER: AGENDA:

FILE: ACTION:

21-366

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From: Lia PesklevitsSent: September 5, 2021 5:56 PMTo: Town of Comox – AdministrationSubject: FW: CVUSC


From: Eric Helander <[email protected]>Sent: September 4, 2021 9:36 AMTo: council <[email protected]>Subject: CVUSC






Sincerely,Eric Helander


RECEIVED

TOWN OF COMOX

Sept 7, 2021

LOG: REFER: AGENDA:

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From: Lia PesklevitsSent: September 5, 2021 5:57 PMTo: Town of Comox – AdministrationSubject: FW: Recreational Facilities


From: Nicholas Thomas <[email protected]>Sent: September 4, 2021 10:00 AMTo: council <[email protected]>Subject: Recreational Facilities






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TOWN OF COMOX

Sept 7, 2021

LOG: REFER: AGENDA:

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Sincerely,Nicholas Thomas


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From: Lia PesklevitsSent: September 5, 2021 5:57 PMTo: Town of Comox – AdministrationSubject: FW: New Turf Field


From: Chris Durupt <[email protected]>Sent: September 4, 2021 10:24 AMTo: council <[email protected]>Subject: New Turf Field






Sincerely,

Mr. Durupt


RECEIVED

TOWN OF COMOX

Sept 7, 2021

LOG: REFER: AGENDA:

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From: Lia PesklevitsSent: September 5, 2021 5:57 PMTo: Town of Comox – AdministrationSubject: FW: Support for Youth Soccer in the Comox Valley


From: Lisa Souch <[email protected]>Sent: September 4, 2021 10:35 AMTo: council <[email protected]>Subject: Support for Youth Soccer in the Comox Valley





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TOWN OF COMOX

Sept 7, 2021

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Sincerely,Lisa Souch


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From: Lia PesklevitsSent: September 5, 2021 5:58 PMTo: Town of Comox – AdministrationSubject: FW: CVUSC


From: Krystal Howlett <[email protected]>Sent: September 4, 2021 11:50 AMTo: council <[email protected]>Subject: CVUSC






RECEIVED

TOWN OF COMOX

Sept 7, 2021

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Sincerely,

Krystal Howlett

Sent from my iPhone


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From: Lia PesklevitsSent: September 5, 2021 5:58 PMTo: Town of Comox – AdministrationSubject: FW: Access to sport for youth


From: Xavier Raffin <[email protected]>Sent: September 4, 2021 12:32 PMTo: council <[email protected]>Subject: Access to sport for youth






Sincerely,Xavier Raffin1908 Beaufort Avenue, V9M 1R1, Comox, BC


RECEIVED

TOWN OF COMOX

Sept 7, 2021

LOG: REFER: AGENDA:

FILE: ACTION:

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From: Lia PesklevitsSent: September 5, 2021 6:04 PMTo: Town of Comox – AdministrationSubject: FW: Comox Valley Unit SC need for fields


From: Nikki S <[email protected]>Sent: September 5, 2021 1:13 PMTo: council <[email protected]>Subject: Comox Valley Unit SC need for fields



10 years ago, the club had originally planned to build two turf fields with lights at Valley View which would have met our needs for decades to come but after countless hours of volunteer effort, and public consultation this proposal was rejected by the City of Courtenay council at the 11th hour with limited justification given. As such, we had to refocus our efforts on the Vanier complex which only succeeded because of money granted to us by the health authority due to one of our primary pitches; queneesh, needing to be removed to build the new hospital. This notwithstanding our club has contributed approx. $600k into that complex over the years. Regardless, 10 years later and despite our investment into the community we continue to struggle to gain access to facilities or secure investment from the local government for more facilities.



Sincerely,Nicole Slack


RECEIVED

TOWN OF COMOX

Sept 7, 2021

LOG: REFER: AGENDA:

FILE: ACTION:

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Sincerely, Jessica Nikkel


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TOWN OF COMOX

Sept 7, 2021LOG: REFER: AGENDA:

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As a member of the Comox Valley United Soccer Club, I’m writing to you to bring to light thechallenges that our club encounters annually regarding access and priority at our region'srecreational facilities. As you may be aware, CVUSC is one of the largest grassroots sports’organizations in the North Island with nearly 1200 members. Our organization has investednearly $1M in local sports infrastructure (with a further $250k planned), but we struggle inalmost every phase of programming to secure the facilities that we require for our dedicatedplayers and soccer community.

10 years ago, the club had originally planned to build two turf fields with lights at Valley Viewwhich would have met our needs for decades to come but after countless hours ofvolunteer effort, and public consultation, this proposal was rejected by the City of Courtenaycouncil at the 11th hour with limited justification given. As such, we had to refocus ourefforts on the Vanier complex which only succeeded because of money granted to us by thehealth authority due to one of our primary pitches; Queneesh, needing to be removed tobuild the new hospital. This notwithstanding, our club has contributed approx. $600k intothat complex over the years. Regardless, 10 years later and despite our investment into thecommunity, we continue to struggle to gain access to facilities or secure investment fromlocal government for more facilities.

Clearly and objectively, our club deserves the same access and investment that otheractivities enjoy, for no other reasons than we are a large grassroots sports organizationkeeping kids active and that we have contributed more than our fair share to local sportsinfrastructure. With our population growing rapidly and our club seeing record numbers ofregistrations year by year, there is a clear need and desire for children to participate inorganized sports and I am seeking support from the Town of Comox and asking for you tore prioritize youth sports and consider construction of more sports facilities. To this lastpoint, the club has outgrown our current turf field and has been forced to crammore than100 children into some sessions to say nothing of our competitive teams that simply cannotgain any more access than they currently have as no other facilities exist for them to do so.Thank you immensely in advance for your consideration, and I look forward to a cordial andproductive discussion with you on this matter.

Sincerely,

Dr. Colin Bullock

RECEIVED

TOWN OF COMOX

Sept 7, 2021

LOG: REFER: AGENDA:

FILE: ACTION:

21-376

0850-01 MR

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1


From: Lia PesklevitsSent: September 7, 2021 8:46 AMTo: Town of Comox – AdministrationSubject: FW: Comox Valley United SC


From: James Wheeler <[email protected]> Sent: September 6, 2021 1:49 PM To: council <[email protected]> Subject: Comox Valley United SC


Please note, the council's response to the following will be the key factor for my vote in the next Municipal election and all municipal elections going forward.



Clearly and objectively, our club deserves the same access and investment that other activities enjoy, for no other reasons than we are a large grassroots sports organization keeping kids active and that we have contributed more than our fair share to local sports infrastructure. With our population growing rapidly and our club seeing record numbers of registration year by year, the need for children to play sports is clearly growing and I believe it is high‐time that the Town of Comox re‐prioritize youth sports and consider construction of more sports facilities. To this last point, the club has outgrown our current turf field and has been forced to cram more than 100 children into some sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so. I look forward to a cordial and productive discussion with you on this matter,

O - CfileCopies: Council- JW/SA/AB/TH/LP


reception

New Stamp

reception


2

Sincerely,

James Wheeler


1


From: Lia PesklevitsSent: September 7, 2021 8:46 AMTo: Town of Comox – AdministrationSubject: FW: soccer


From: Susie and Debbie <[email protected]> Sent: September 6, 2021 8:18 PM To: council <[email protected]> Subject: FW: soccer








reception

New Stamp

reception


2

Sincerely, Susie Gilson Sent from Mail for Windows


1


From: Lia PesklevitsSent: September 7, 2021 8:46 AMTo: Town of Comox – AdministrationSubject: FW: New Turf Field


From: Gabby Mason <[email protected]> Sent: September 6, 2021 9:44 PM To: council <[email protected]> Subject: New Turf Field






Sincerely,

Gabby Mason



reception

New Stamp

reception


2


1


From: Lia PesklevitsSent: September 7, 2021 9:04 AMTo: Town of Comox – AdministrationSubject: FW: Comox Turf Field


From: colin tinga <[email protected]> Sent: September 7, 2021 8:51 AM To: council <[email protected]> Subject: Comox Turf Field







reception

New Stamp

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2

nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so. I look forward to a cordial and productive discussion with you on this matter, Sincerely, Colin Tinga Sent from my iPhone


1


Subject: FW: Request for Council support & assistance

From: Sparanese, Wayne A AFF:EX <[email protected]>Sent: September 7, 2021 9:13 AMTo: council <[email protected]>Cc: 'Cheri Tilley' <[email protected]>Subject: Request for Council support & assistance

Dear Comox Town Council, As a member of the Comox Valley United Soccer Club (CVUSC), I’m writing to you to bring to light the challenges that our club encounters annually regarding access and priority at our region's recreational facilities. As you may be aware, CVUSC is one of the largest grassroots sports organizations in the North Island with nearly 1,200 members, but despite this and the fact that our organization has invested nearly $1M in local sports infrastructure (with a further $250k planned), we struggle in almost every phase of programming to secure the facilities that we require. 10 years ago, the club had originally planned to build two turf fields with lights at Valley View which would have met our needs for decades to come but after countless hours of volunteer effort, and public consultation, this proposal was rejected by the City of Courtenay council at the 11th hour with limited justification given. As such, we had to refocus our efforts on the Vanier complex which only succeeded because of money granted to us by the health authority due to one of our primary pitches; queneesh, needing to be removed to build the new hospital. This notwithstanding our club has contributed approx. $600k into that complex over the years. Regardless, 10 years later and despite our investment into the community we continue to struggle to gain access to facilities or secure investment from local government for more facilities. Clearly and objectively, our club deserves the same access and investment that other activities enjoy,for no other reasons than we are a large grassroots sports organization keeping kids active and that we have contributed more than our fair share to local sports infrastructure. With our population growing rapidly and our club seeing record numbers of registration year by year, the need for children to play sports is clearly growing and I believe it is high-time that the Town of Comox re-prioritize youth sports and consider construction of more sports facilities. To this last point, the club has outgrown our current turf field and has been forced to cram more than 100 children into some sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so. I look forward to a cordial and productive discussion with you on this matter, Sincerely, Wayne Sparanese Comox resident

Please consider the environment before printing this email.Warning: This email is intended only for the use of the individual or organization to whom it is addressed. It may contain informationthat is privileged or confidential. Any distribution, disclosure, copying, or other use by anyone else is strictly prohibited. If you havereceived this in error, please telephone or e mail the sender immediately and delete the message.

RECEIVED

TOWN OF COMOX

Sep 7, 2021

LOG: REFER: AGENDA:

FILE: ACTION:

21-385

0850-01 MR

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2


To Comox Town Council, As a member of the Comox Valley United SC, I’m writing to you to bring to light the challenges that our club encounters annually regarding access and priority at our region's recreational facilities. As you may be aware, CVUSC is one of the largest grassroots sports organizations in the North Island with nearly 1200 members, but despite this and the fact that our organization has invested nearly $1M in local sports infrastructure (with a further $250k planned), we struggle in almost every phase of programming to secure the facilities that we require. 10 years ago, the club had originally planned to build two turf fields with lights at Valley View which would have met our needs for decades to come but after countless hours of volunteer effort, and public consultation this proposal was rejected by the City of Courtenay council at the 11th hour with limited justification given. As such, we had to refocus our efforts on the Vanier complex which only succeeded because of money granted to us by the health authority due to one of our primary pitches; queneesh, needing to be removed to build the new hospital. This notwithstanding our club has contributed approx. $600k into that complex over the years. Regardless, 10 years later and despite our investment into the community we continue to struggle to gain access to facilities or secure investment from local government for more facilities. Clearly and objectively, our club deserves the same access and investment that other activities enjoy, for no other reasons than we are a large grassroots sports organization keeping kids active and that we have contributed more than our fair share to local sports infrastructure. With our population growing rapidly and our club seeing record numbers of registration year by year, the need for children to play sports is clearly growing and I believe it is high-time that the Town of Comox re-prioritize youth sports and consider construction of more sports facilities. To this last point, the club has outgrown our current turf field and has been forced to cram more than 100 children into some sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so. I look forward to a cordial and productive discussion with you on this matter, Sincerely, Jacquie Kinney

RECEIVED

TOWN OF COMOX

Sep 7, 2021

LOG: REFER: AGENDA:

FILE: ACTION:

21-386

0850-01 MR

RCM06Oct21

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To Comox Town Council, As a member of the Comox Valley United SC, I’m writing to you to bring to light the challenges that our club encounters annually regarding access and priority at our region's recreational facilities. As you may be aware, CVUSC is one of the largest grassroots sports organizations in the North Island with nearly 1200 members, but despite this and the fact that our organization has invested nearly $1M in local sports infrastructure (with a further $250k planned), we struggle in almost every phase of programming to secure the facilities that we require. 10 years ago, the club had originally planned to build two turf fields with lights at Valley View which would have met our needs for decades to come but after countless hours of volunteer effort, and public consultation this proposal was rejected by the City of Courtenay council at the 11th hour with limited justification given. As such, we had to refocus our efforts on the Vanier complex which only succeeded because of money granted to us by the health authority due to one of our primary pitches; queneesh, needing to be removed to build the new hospital. This notwithstanding our club has contributed approx. $600k into that complex over the years. Regardless, 10 years later and despite our investment into the community we continue to struggle to gain access to facilities or secure investment from local government for more facilities. Clearly and objectively, our club deserves the same access and investment that other activities enjoy, for no other reasons than we are a large grassroots sports organization keeping kids active and that we have contributed more than our fair share to local sports infrastructure. With our population growing rapidly and our club seeing record numbers of registration year by year, the need for children to play sports is clearly growing and I believe it is high-time that the Town of Comox re-prioritize youth sports and consider construction of more sports facilities. To this last point, the club has outgrown our current turf field and has been forced to cram more than 100 children into some sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so. I look forward to a cordial and productive discussion with you on this matter, Sincerely, Steven Fyfe

RECEIVED

TOWN OF COMOX

Sep 7, 2021

LOG: REFER: AGENDA:

FILE: ACTION:

21-387

0850-01 MR

RCM06Oct21

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1


Subject: FW: CVUSC turf

From: Isabelle Ferreira <[email protected]>Sent: September 7, 2021 8:50 PMTo: council <[email protected]>Subject: CVUSC turf






RECEIVED

TOWN OF COMOX


FILE: ACTION:

21-388

0850-01 MR

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2

Sincerely,Isabelle piper

Sent from my iPhone


1


Subject: FW: New turf fields

From: Courtney <[email protected]>Sent: September 8, 2021 9:37 AMTo: council <[email protected]>Subject: New turf fields






Sincerely,

RECEIVED

TOWN OF COMOX

Sep 8, 2021

LOG: REFER: AGENDA:

FILE: ACTION:

21-389

0850-01 MR

RCM06Oct21

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2

McKenzie family (3 girls who use the fields multiple times a week)


To Comox Town Council, As a member of the Comox Valley United SC, I’m writing to you to bring to light the challenges that our club encounters annually regarding access and priority at our region's recreational facilities. As you may be aware, CVUSC is one of the largest grassroots sports organizations in the North Island with nearly 1200 members, but despite this and the fact that our organization has invested nearly $1M in local sports infrastructure (with a further $250k planned), we struggle in almost every phase of programming to secure the facilities that we require. 10 years ago, the club had originally planned to build two turf fields with lights at Valley View which would have met our needs for decades to come but after countless hours of volunteer effort, and public consultation this proposal was rejected by the City of Courtenay council at the 11th hour with limited justification given. As such, we had to refocus our efforts on the Vanier complex which only succeeded because of money granted to us by the health authority due to one of our primary pitches; Queneesh School, needing to be removed to build the new hospital. This notwithstanding, our club has contributed approx. $600k into that complex over the years. Regardless, 10 years later and despite our investment into the community we continue to struggle to gain access to facilities or secure investment from local government for more facilities. Clearly and objectively, our club deserves the same access and investment that other activities enjoy, for no other reason than we are a large grassroots sports organization keeping kids active and that we have contributed more than our fair share to local sports infrastructure. With our population growing rapidly and our club seeing record numbers of registration year by year, the need for children to play sports is clearly growing and I believe it is high-time that the Town of Comox re-prioritize youth sports and consider construction of more sports facilities. To this last point, the club has outgrown our current turf field and has been forced to cram more than 100 children into some sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so. I look forward to a cordial and productive discussion with you on this matter, Sincerely, Jim Milina

RECEIVED

TOWN OF COMOX

Sep 9, 2021

LOG: REFER: AGENDA:

FILE: ACTION:

21-391

0850-01 MR

RCM06Oct21

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1


Subject: FW: New turf field for Comox Valley United SC

From: Connor Berry <[email protected]>Sent: September 9, 2021 9:58 AMTo: council <[email protected]>Cc: [email protected]: New turf field for Comox Valley United SC


As a member of the Comox Valley United SC, I’m writing to you to shine a light on the challenges our club encounters annually regarding access and priority at our region's recreational facilities. As you may be aware, CVUSC is one of the largest grassroots sports organizations in the North Island with nearly 1200 members, but despite this and the fact that our organization has invested nearly $1M in local sports infrastructure (with a further $250k planned), we struggle in almost every phase of programming to secure the facilities that we require.




Sincerely,Connor Berry

RECEIVED

TOWN OF COMOX

Sep 9, 2021

LOG: REFER: AGENDA:

FILE: ACTION:

21-392

0850-01 MR

RCM06Oct21

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To Comox Town Council, As a member of the Comox Valley United SC, I’m writing to you to bring to light the challenges that our club encounters annually regarding access and priority at our region's recreational facilities. As you may be aware, CVUSC is one of the largest grassroots sports organizations in the North Island with nearly 1200 members, but despite this and the fact that our organization has invested nearly $1M in local sports infrastructure (with a further $250k planned), we struggle in almost every phase of programming to secure the facilities that we require. 10 years ago, the club had originally planned to build two turf fields with lights at Valley View which would have met our needs for decades to come but after countless hours of volunteer effort, and public consultation this proposal was rejected by the City of Courtenay council at the 11th hour with limited justification given. As such, we had to refocus our efforts on the Vanier complex which only succeeded because of money granted to us by the health authority due to one of our primary pitches; queneesh, needing to be removed to build the new hospital. This notwithstanding our club has contributed approx. $600k into that complex over the years. Regardless, 10 years later and despite our investment into the community we continue to struggle to gain access to facilities or secure investment from local government for more facilities. Clearly and objectively, our club deserves the same access and investment that other activities enjoy, for no other reasons than we are a large grassroots sports organization keeping kids active and that we have contributed more than our fair share to local sports infrastructure. With our population growing rapidly and our club seeing record numbers of registration year by year, the need for children to play sports is clearly growing and I believe it is high-time that the Town of Comox re-prioritize youth sports and consider construction of more sports facilities. To this last point, the club has outgrown our current turf field and has been forced to cram more than 100 children into some sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so. I look forward to a cordial and productive discussion with you on this matter, Sincerely, Naomi Wilson

RECEIVED

TOWN OF COMOX

Sep 9, 2021

LOG: REFER: AGENDA:

FILE: ACTION:

21-396

0850-01 MR

RCM06Oct21

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1


Subject: FW: Campaign for a New Turf Field

From: Alma N. Woods <[email protected]>Sent: September 10, 2021 1:51 PMTo: council <[email protected]>Subject: Campaign for a New Turf Field




Clearly and objectively, our club deserves the same access and investment that other activities enjoy, for no other reasons than we are a large grassroots sports organization keeping kids active and that we have contributed more than our fair share to local sports infrastructure. With our population growing rapidly and our club seeing record numbers of registration year by year, the need for children to play sports is clearly growing and I believe it is high time that the Town of Comox re-prioritize youth sports and consider construction of more sports facilities. To this last point, the club has outgrown our current turf field and has been forced to cram more than 100 children into some sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so.


RECEIVED

TOWN OF COMOX

Sep 10, 2021

LOG: REFER: AGENDA:

FILE: ACTION:

21-397

0850-01 MR

RCM06Oct21

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O - Cfile 0850-01 Copies - council - JW/SA/AB/TH/LP


2

Sincerely,

Alma & Graham Woods


1


Subject: FW: New Turf Field

From: Matthew Cumming <[email protected]>Sent: September 10, 2021 2:30 PMTo: council <[email protected]>Subject: New Turf Field

To Comox Town Council, As a member of the Comox Valley United SC, I’m writing to you to bring to light the challenges that our club encounters annually regarding access and priority at our region's recreational facilities. As you may be aware, CVUSC is one of the largest grassroots sports organizations in the North Island with nearly 1200 members, but despite this and the fact that our organization has invested nearly $1M in local sports infrastructure (with a further $250k planned), we struggle in almost every phase of programming to secure the facilities that we require. 10 years ago, the club had originally planned to build two turf fields with lights at Valley View which would have met our needs for decades to come but after countless hours of volunteer effort, and public consultation this proposal was rejected by the City of Courtenay council at the 11th hour with limited justification given. As such, we had to refocus our efforts on the Vanier complex which only succeeded because of money granted to us by the health authority due to one of our primary pitches; queneesh, needing to be removed to build the new hospital. This notwithstanding our club has contributed approx. $600k into that complex over the years. Regardless, 10 years later and despite our investment into the community we continue to struggle to gain access to facilities or secure investment from local government for more facilities. Clearly and objectively, our club deserves the same access and investment that other activities enjoy,for no other reasons than we are a large grassroots sports organization keeping kids active and that we have contributed more than our fair share to local sports infrastructure. With our population growing rapidly and our club seeing record numbers of registration year by year, the need for children to play sports is clearly growing and I believe it is high-time that the Town of Comox re-prioritize youth sports and consider construction of more sports facilities. To this last point, the club has outgrown our current turf field and has been forced to cram more than 100 children into some sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so. I look forward to a cordial and productive discussion with you on this matter, Sincerely,

Matthew Cumming

RECEIVED

TOWN OF COMOX

Sep 10, 2021

LOG: REFER: AGENDA:

FILE: ACTION:

21-398

0850-01 MR

RCM06Oct21

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1


Subject: FW: Soccer Facilities

From: sacha moore <[email protected]>Sent: September 13, 2021 2:18 PMTo: council <[email protected]>Subject: Soccer Facilities





RECEIVED

TOWN OF COMOX

Sep 13, 2021

LOG: REFER: AGENDA:

FILE: ACTION:

21-403

0850-01 MR

RCM06Oct21

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2


Sincerely,

Sacha Moore


1


Subject: FW:

From: Jasmin Tufnail <[email protected]>Sent: Tuesday, September 14, 2021 10:39 AMTo: council <[email protected]>Subject:

To Comox Town Council, As a member of the Comox Valley United SC, I’m writing to you to bring to light the challenges that our club encounters annually regarding access and priority at our region's recreational facilities. As you may be aware, CVUSC is one of the largest grassroots sports organizations in the North Island with nearly 1200 members, but despite this and the fact that our organization has invested nearly $1M in local sports infrastructure (with a further $250k planned), we struggle in almost every phase of programming to secure the facilities that we require. 10 years ago, the club had originally planned to build two turf fields with lights at Valley View which would have met our needs for decades to come but after countless hours of volunteer effort, and public consultation this proposal was rejected by the City of Courtenay council at the 11th hour with limited justification given. As such, we had to refocus our efforts on the Vanier complex which only succeeded because of money granted to us by the health authority due to one of our primary pitches; queneesh, needing to be removed to build the new hospital. This notwithstanding our club has contributed approx. $600k into that complex over the years. Regardless, 10 years later and despite our investment into the community we continue to struggle to gain access to facilities or secure investment from local government for more facilities. Clearly and objectively, our club deserves the same access and investment that other activities enjoy,for no other reasons than we are a large grassroots sports organization keeping kids active and that we have contributed more than our fair share to local sports infrastructure. With our population growing rapidly and our club seeing record numbers of registration year by year, the need for children to play sports is clearly growing and I believe it is high-time that the Town of Comox re-prioritize youth sports and consider construction of more sports facilities. To this last point, the club has outgrown our current turf field and has been forced to cram more than 100 children into some sessions to say nothing of our competitive teams that simply cannot gain any more access than they currently have as no other facilities exist for them to do so. I look forward to a cordial and productive discussion with you on this matter, Sincerely, Jasmin Tufnail

RECEIVED

TOWN OF COMOX

Sep 14, 2021

LOG: REFER: AGENDA:

FILE: ACTION:

21-411

0850-01 MR

RCM06Oct21

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TOWN OF COMOX STAFF REPORT

REGULAR COUNCIL MEETING Meeting Date: October 6, 2021

TO: Mayor and Council FILES: PR 21-1 / 6520-20/01

FROM: Marvin Kamenz, Director of Development Services Gail Andestad, Planner II Regina Bozerocka, Planner II

DATE: October 6, 2021

SUBJECT: NE Comox Implementation Bylaws, Third Reading Report OCP 21-2 Amendment Bylaw 1976 RZ 21-4 Zoning Amendment Bylaw 1983 Comox Drainage Infrastructure Protection Bylaw 1824

Prepared by: Gail Andestad Planner II

Prepared by: Regina Bozerocka Planner II

Supervisor: Marvin Kamenz Dir. of Development Services

Report Approved:

Jordan Wall, CAO

RECOMMENDATION(S) FROM THE CHIEF ADMINISTRATIVE OFFICER: 1. That Comox Official Community Plan Amendment Bylaw 1976 be given Third Reading

(Attachment 1);

2. That Comox Zoning Amendment Bylaw 1983 be given Third Reading (Attachment 2);

3. That Comox Third Reading of Drainage Infrastructure Protection Bylaw 1824 be rescinded;

4. That Comox Drainage Infrastructure Protection Bylaw 1824 be amended as follows: A. By deleting Erosion and Sediment Control Plan, Section 13(c) and replacing it with the

following text: Emphasize source control as the primary method for dealing with erosion and sediment runoff, by:

(i) incorporating in the ESC Plan construction measures listed in Schedule C to this Bylaw to the extent that is practicable, and including in the ESC Plan an initialed copy of Schedule C to indicate that each erosion and sediment control measure has been considered; and


B. By adding as Schedule C Recommended Phased Scheduling for Construction Works, the text and table included in Schedule 1 to the October 6, 2021 Planning Report to Mayor and Council on PR 21-1, titled NE Comox Implementation Bylaws, Third Reading Report.

5. That Comox Drainage Infrastructure Protection Bylaw 1824 be given Third Reading as

amended (Attachment 3).


Staff Report to Mayor and Council – October 6, 2021 NE Comox SWMP Implementation Bylaws Page 2

U:\Dev App\ 2021\ PR\ PR 21-1 NE Comox Implementation\ Reports\ 9 – 2021-10October-6_RCM_Third Reading OCP 21-2_ALR Buffer_Bylaw 1824

PROPOSAL To advance implementation bylaws of NE Comox Stormwater Management Plan (SWMP). STRATEGIC PLAN LINKAGE This Report addresses the following tasks identified in the 2021 Strategic Priorities Chart for Planning Services: North East Comox Stormwater Management Plan and Council direction to expedite the approval process for 1200 Military Row. BACKGROUND OCP Amendment Bylaw 1976 and Zoning Amendment Bylaw 1983 A virtual Public Hearing in respect of Bylaws 1976 and 1983 (Attachments 1 and 2) was held on September 8th, 2021. A copy of the Local Government Act, Section 465 Public Hearing summary report is contained in the October 6, 2021 Regular Council Meeting Agenda. At the Public Hearing there were 3 attendees, two of whom spoke. One public submission letter received prior to commencement of the Public Hearing was distributed to Council. Concerns raised about NE Comox SWMP Implementation include the following: • Impacts of diverted storm water from roads, buildings and parking lots on existing artesian

wells; • Where will the water be directed if the retention ponds overflow; • Who is responsible for the maintenance of ditches, including Queens Ditch; and • ALR buffer specifications. In regards to the above concerns, o The NE Comox SWMP intention is to design any ponds above water table levels and isolated

from the aquifers. Prior to construction of any ponds, additional investigations will be required as part of detailed design to confirm ground water conditions. SWMP addresses the impact of development and the increased impervious areas on ground water recharge through the provision of exfiltration galleries and the use of amended soils. Appendix G to the report “North East Comox Neighbourhood Storm Water Management Plan – Phase 3 of 3” by McElhanney Consulting Services Ltd. (dated March 1, 2018) includes certification by Cindy Lipp, Registered Professional Biologist that the SWMP will not adversely impact the existing downstream fish habitat or the environmental integrity of Lazo Marsh, and by Bob Hudson, Professional Engineer as to the ability of the SWMP to maintain surface and groundwater flows including groundwater flows and quality to Hilton Springs and Lazo Marsh.

o Under the NE Comox SWMP, the storm water ponds will be designed to retain up to 1 in 100

years storm event water for their respective service areas. The ponds are required to be “dry” based on aeronautical requirements. Larger than 1:100 years storm events will overflow to the Knight Road ditch and ultimately to the sea.


Staff Report to Mayor and Council – October 6, 2021 NE Comox SWMP Implementation Bylaws Page 3


o Under the NE Comox SWMP new drainage conveyance systems are to be designed with underground pipes maintained by the Town. Existing open ditches within the Town boundary are maintained by the Town. Queen’s Ditch is located within the Comox Valley Regional District1. The Department of National Defence (DND) via Statutory Right of Way is responsible for its maintenance and operation.

o The proposed amendment to Zoning Bylaw Screening regulations are not applicable to

agricultural reserve lands, but to the residential and industrial lands that share a boundary with agricultural land reserve. The proposed buffer width and vegetation specifications will increase the industrial buffer width required within NE Comox from 3 metres to 15 to 30 metres and for residential from 0 metres to 15 to 30 metres.

Comox Drainage Infrastructure Protection Bylaw 1824 NE Comox SWMP implementation bylaws that do not require a public notification nor a public hearing; they were given Third Reading on September 8th, 2021. Since that date, staff reviewed the procedures for the implementation of the bylaws. Bylaw 1824 is proposed to be amended to clarify that it is the responsibility of professional engineer to ensure that they have considered standard ESC facilities for the various phases of construction scheduling, from construction access (entrance) to final stabilization. MK/ RB/ GA/ ET Schedule 1 Attachments: 1. Comox Official Community Plan Amendment Bylaw 1976 2. Comox Zoning Amendment Bylaw 1983 3. That Comox Drainage Infrastructure Protection Bylaw 1824

1 Queens Ditch capacity is limited by high tides and storm surges. In response to residents’ concerns of flooding in the lowland areas, the CVRD engaged a Professional Engineer to investigate the viability of a local service area to manage drainage in the Lower Lazo Creek Watershed which includes Queen’s Ditch. Five options were evaluated for improving Queen’s Ditch Drainage including deepening of the ditch, diking and pumping, and managed retreat/wetland restoration. Additional modeling of the managed retreat/wetland restoration option was then undertaken which showed flooding, while reduced, would continue. In addition, a separate report on the liability considerations of establishing a regional district service to control drainage was also prepared. Subsequently at its May 28, 2019 meeting, the CVRD Board resolved “not [to] proceed with further study work to investigate options for the creation of a local service area to upgrade and maintain the Queen’s Ditch drainage system.”


Staff Report to Mayor and Council – October 6, 2021 NE Comox SWMP Implementation Bylaws

Page 4


Schedule 1 TOWN OF COMOX

Drainage Infrastructure Protection Bylaw 1824 SCHEDULE C

Recommended Phased Scheduling for Construction Works (to be initialed by the Designated Professional Engineer)

Initial Construction Activity Scheduling Sequence Construction Access Construction entrance, construction routes, equipment parking and individual lot access areas.

First land-disturbing activity. Stabilize bare areas immediately with gravel pads, gravel staging area, street sweeping, and temporary silt fencing or appropriate ground cover as land disturbances take place.

Sediment Traps and Barriers Sediment traps, silt fences, and check dams and inlet and outlet protection.

Install principal erosion source controls and sediment traps after construction site is accessed. Install additional temporary traps as needed during grading.

Runoff Control Diversions, perimeter ditches or dykes, water bars, outlet protection.

Install key ESC facilities and sediment basins after principal sediment traps and before extensive lot site grading.

Runoff Conveyance Stabilize stream-banks (if applicable), setback areas, tree protection, channels, ditches, inlet and outlet protection, temporary slope drains.

If necessary, stabilize stream-banks and setback areas to protect against construction activities. Install additional principal runoff conveyance systems with runoff control measures if necessary. Install remainder of system after grading.

Land Clearing and Grading Site preparation - cutting, filling and grading, sediment traps, barriers, diversions, drains, surface roughening.

Begin major clearing and grading after principal sediment and runoff control measures are installed. Clear borrow and disposal areas only as needed. Install additional temporary protection measures as grading progresses. Maintain respect for riparian setback areas, environmentally sensitive areas and ESC facilities.

Surface Stabilization Temporary and permanent seeding, mulching, tarping (poly), sodding, rip rap.

Apply temporary or permanent stabilization measures immediately on all disturbed areas (exposed soils) when cutting / filling is delayed or completed within time limits.

Building Construction Buildings, utilities, paving. Install any additional necessary erosion and sedimentation control

practices as work takes place. Maintain all sediment control facilities daily or after each rain event.

Final Stabilization Top-soiling, permanent seeding, riprap, landscape boulevard, restoration, or landscaping requirements.

Last construction phase. Stabilize all disturbed areas except for areas of active construction. Remove and stabilize all temporary control measures. Complete all lot surface treatment and landscaping requirements.




ATTACHMENT 1

Comox Official Community Plan Amendment Bylaw 1976


U:\Dev App\2021\PR\PR 21-1 NE COMOX SWMP IMPLEMENTATION\Bylaws\Bylaw 1976 OCP amendment for DPA16 and road policies\DRAFT Bylaw 1976_OCP Amend DPA16_NE Comox SWMP Implementation.docx

TOWN OF COMOX

BYLAW 1976

A BYLAW TO AMEND COMOX OFFICIAL COMMUNITY PLAN BYLAW 1685

WHEREAS Council has the authority under the provisions of the Local Government Act to amend the Official Community Plan Bylaw; AND WHEREAS Council has considered the amendments in conjunction with its financial plan, any waste management plan that is applicable in the municipality or regional district, and Town of Comox May 2020 Housing Needs Report Data Results including Summary Form; NOW THEREFORE the Council of the Town of Comox, in open meeting assembled, enacts as follows:

1. Title

This Bylaw may be cited for all purposes as “Comox Official Community Plan Amendment Bylaw 1976”.

2. Amendments

(1) Comox Official Community Plan Bylaw 1685, Schedule “A” is hereby amended as

follows:

(a) Adding as Part 2, Section 2.4.1.4(d)(i) the following text: “the precedency of east west road alignment to facilitate the passive heating and cooling of buildings”;

(b) Replacing all references to the text “Comox Development Approval Information

Bylaw No. 1530, 2007” with the following text: “Comox Planning Procedures Bylaw 1780”;

(c) Replacing all references to the text “Energy and Water Conservation and

Reduction of Greenhouse Gas Emissions” in relation to Development Permit Area (DPA) #16 with the following text: “North East Comox”;

(d) Deleting Part 3: Section 3.16 in its entirety;

(e) Adding as Part 3: Section 3.16 the text and figure as shown in SCHEDULE “1”,

which is attached to and forms part of this Bylaw;


Town of Comox Comox Official Community Plan Amendment Bylaw 1976 Page 2 of 7


(f) Deleting Part 5: Maps, DPA #16 – Energy and Water Conservation and Reduction of Greenhouse Gas Emissions;

(g) Adding as Part 5: Maps, DPA #16 – North East Comox the map as shown in

Schedule “2”, which is attached to and forms part of this Bylaw;

(2) Comox Official Community Plan Bylaw 1685 is further amended by making such

consequential changes as are required to reflect the foregoing amendments, including, without limitation, changes in the numbering and order of the sections of the bylaw.

3. Adoption

(1) READ A FIRST time this 14th day of July, 2021

(2) READ A SECOND time this 14th day of July, 2021

(3) ADVERTISED A FIRST time this 25th day of August, 2021

(4) ADVERTISED A SECOND time this 1st day of September, 2021

(5) PUBLIC HEARING HELD this day of , 2021

(6) READ A THIRD time this day of , 2021

(7) ADOPTED this day of , 2021

_______________________________________

Mayor

_______________________________________

Corporate Officer


Town of Comox Comox Official Community Plan Amendment Bylaw 1976 Page 3 of 7


BYLAW 1976

SCHEDULE “1”


Town of Comox Comox Official Community Plan Amendment Bylaw 1976

Page 4 of 7


3.16 Development Permit Area (DPA) #16 North East Comox

3.16.1 Area Affected

DPA #16 – North East Comox applies to all areas, as shown on map DPA #16.

Unless all development, including the alteration of vegetation, is clearly more than 15 metres from the natural boundary of Hilton Springs and the Top of Bank of the conveyance ditch located along the road dedication of Cambridge Road, the proposed location of development relative to these boundaries, as determined by a British Columbia Land Surveyor (BCLS) and incorporated into a BCLS certified site plan, may be required in accordance with Comox Planning Procedures Bylaw 1780.

3.16.2 Purpose

In accordance with sections 488, 489, 490 and 491 of the Local Government Act, the purpose of DPA #16 is to establish objectives:

• For the protection of the natural environment, its ecosystems and biodiversity inrelation to the integrity of the ground water supply for the Lazo Wildlife ManagementArea, Hilton Springs, and adjacent ALR lands to the north; and

• For drainage control on lands downstream and down-slope of the area within DPA#16; and

• To promote water conservation.

3.16.3 Justification

Protecting the integrity of the ground water supply and drainage control for not only the Lazo Wildlife Management Area, Hilton Springs and ALR land is integral to the ecological vitality and the productive capability of these areas, respectively.

3.16.4 Exemptions

A development permit is not required for the following actions: A. Subdivision limited to a lot line adjustment, consolidation, or road or park dedication;



Page 5 of 7


B. Subdivision of land; alteration of land, including vegetation; or construction of,addition to, or alteration of a building or other structure on a parcel within the areashown shaded in Figure 10. Sub-catchment Area; for which a subdivision has beenapproved or a building permit issued in compliance with Town of Comox Subdivisionand Development Servicing Bylaw, 1261, Schedule C.1, Appendix E, Section 1.5North East Comox Special Requirements, as contained in Subdivision andDevelopment Servicing Bylaw, Amendment Bylaw No. 1977, 2021, and anysubsequent amendments thereto;

C. Construction of, addition to, or alteration of a single detached dwelling andaccessory buildings thereto;

D. Construction of, addition to, or alteration of a coach house; andE. Construction of, addition to, or alteration of a multi-family building and accessory

buildings thereto located on Lot 33 District Lot 156 Comox District Plan VIP64775(1260 Noel Avenue).

Figure 10. Sub-catchment Area



Page 6 of 7


3.16.5 Guidelines

Unless exempted under Section 3.16.4, no subdivision of land, alteration of land, including vegetation, or construction of, addition to, or alteration of a building or other structure is to occur unless the applicant first obtains a development permit.

Use of the word “should” in a guideline does not indicate that compliance is at the option of the applicant. Rather compliance to the guideline will be required as a condition of issuance of a development permit unless there are exceptional reasons why the guideline should not be applied to its fullest extent.

Use of the term “encourage” indicates that compliance with the guideline may, at the discretion of the Council, be required as a condition of issuance of a development permit.

1) The quantity and quality of ground water flows to Lazo Marsh, Hilton Springs and ALRlands to the north of Lazo Marsh, east of Pritchard Road and south of Knight Road,should be maintained in relation to existing site conditions.

2) The impact of surface and ground water flows on flood frequency and duration on landsdownstream and down-slope of the area within DPA # 16 for up to and including the 100year storm event should be the same or less than existing site conditions.

3) A 15 metre undisturbed natural state buffer should be provided from the NaturalBoundary of Hilton Springs and the Top of Bank of the conveyance ditch located alongthe road dedication for Cambridge Road.

4) A report by a professional engineer with expertise in geotechnical engineering orhydrology and a professional agrologist may be required in accordance with ComoxPlanning Procedures Bylaw 1780 addressing measures necessary to ensure:

a) the quality and quantity of ground water flows are maintained in relation toexisting site conditions; and

b) the impact of surface and ground water flows on flood frequency and duration onlands downstream and down-slope of the area within DPA # 16 for up to andincluding the 100 year storm event should be the same or less than existing siteconditions.

5) The subdivision of land; alteration of land, including vegetation; or construction of,addition to, or alteration of a building or other structure should be in accordance withany required professional engineer and professional agrologist impact assessmentreport, including any works or protective measures specified.



Page 7 of 7


BYLAW 1976

SCHEDULE “2”




ATTACHMENT 2

That Comox Zoning Amendment Bylaw 1983


U:\Dev App\2021\PR\PR 21-1 NE COMOX SWMP IMPLEMENTATION\Bylaws\Bylaw 1983 Zoning ALR screen\Bylaw 1983 Zoning_Amdt_ALR_Screen_Std_at 3 Read October 6 2021.docx

TOWN OF COMOX

BYLAW 1983

A BYLAW TO AMEND COMOX ZONING BYLAW 1850 WHEREAS Council has the authority under the provisions of the Local Government Act to amend the Zoning Bylaw; NOW THEREFORE the Council of the Town of Comox, in open meeting assembled, enacts as follows: 1. Title

This bylaw may be cited for all purposes as the “Comox Zoning Amendment Bylaw 1983” 2. Amendments

(1) Comox Zoning Bylaw 1850, Section 8 Screening is hereby amended by:

(a) Adding as section 8.3(3):

Accessory structures shall be excluded from the provisions of section 8.13(2)

(b) Replacing section 8.5(2) with the following:

Excluding section 8.13, plant materials shall be installed of such a size as to grow to the minimum dimensions required within two growing seasons.

(c) Replace section 8.13 with the following:

8.13 Parcels Abutting Agricultural Land Reserve (ALR) Where required in Schedule “A”, parcels shall be masked and separated from abutting land within the Agricultural Land Reserve in accordance with the following:


Town of Comox Comox Zoning Amendment Bylaw 1983 Page 2 of 9


(1) Masking (a) Location: Screening shall be located along and within 8.0 metre of lot lines

shared with land within the ALR; (b) Materials: The 8.0 metre strip immediately adjacent to the ALR parcel shall

comprise a double row of deciduous and coniferous trees (or just coniferous), a triple row of trespass inhibiting shrubs, and a single row of screening shrubs in conformance with Appendix B1 and existing trees are to be retained where possible;

(c) Fencing: Notwithstanding fencing requirements in Comox Official Community Plan Bylaw 1685, Development Permit Area DPA#11 Wildlife Corridor, ALR edge fencing shall be a chain link fence 1.73 metres in height along a lot line shared with land within the ALR in accordance the fence standards provided in Appendix B.1;

(d) Height: Tree height at planting shall be not less than 2.0 metres above finished ground level for conifers, and not less than 4.0 centimetre calliper for deciduous trees;

(e) Pot Size: Shrubs pot size at planting shall be not less than size 2 pots; (f) Spacing: Trees shall be spaced a distance of 8m or less; and all shrubs shall

be spaced 1.0 metres apart; with the ultimate result that there is a continuous vegetative cover within 5 to 10 years of growth;

(g) Standards: All landscaping shall be installed and maintained in conformance with the requirements in the British Columbia Society of Landscape Architects (BCSLA) standards. All Masking shall meet plant condition and structure requirements as stated in “BC Landscape Standard” of the BCSLA/British Columbia Landscape and Nursery Association and “Canadian Standards for Nursery Stock” of the Canadian Nursery and Landscape Association.

(h) Soil: Soil shall be a minimum depth of 50 cm around plantings and, where native soils are inadequate quality, soil shall be amended to create a sandy or silty loam and fertilized as needed in accordance with BCLSA standards.

(i) Irrigation: all landscaping for the purpose of Masking shall be irrigated a minimum of 2 years after the planning with an automatic irrigation system; and

(j) Notwithstanding section 8.3(1) driveways and pedestrian walkways shall not be excluded from the provisions of section 8.13 (1).

(2) Separation

(a) Location: (i) where Schedule “A” specifies a 15.0 metre required setback from lot

lines shared with the ALR, landscaping shall be located along and within 7.0 metres of section 8.13(1) Masking; and

(ii) where Schedule “A” specifies a 30.0 metre required setback from lot lines shared with the ALR landscaping shall be located along and within 22.0 metres of section 8.13(1) Masking.




(d) Adding as section 101.9(5) the following:

Notwithstanding section 101.9 (1) through (4), building setback from lot lines shared with the Agricultural Land Reserve shall be not less than 30.0 metres.

(e) Adding as section 101.11(3) the following:

R1.1 zoned parcels abutting land within the Agricultural Land Reserve shown in Appendix B1 map.

(f) Adding as section 108.9 (5) the following:


(g) Adding as section 108.11(3) the following:

R3.2 zoned parcels abutting land within the Agricultural Land Reserve shown in Appendix B1 map.

(h) Adding as section 115.9 (5) the following:


(i) Replace section 115.11 with the following:

Screening The following shall be screened in accordance with Section 8: (1) Above ground utility boxes and utility transformers; and (2) R4.1 zoned parcels abutting land within the Agricultural Land Reserve

shown in Appendix B1 map.

(j) Adding as section 205.9 (5) the following:

Notwithstanding section 205.9 (1) through (4), building setback from lot lines shared with the Agricultural Land Reserve shall not be less than 15.0 metres.

(k) Adding as section 205.11 (5) the following:

RM2.3 zoned parcels abutting land within the Agricultural Land Reserve shown in Appendix B1 map.




(l) Adding as section 502.9 (5) the following:

Notwithstanding section 502.9 (1) through (4), building setback from lot lines shared with the Agricultural Land Reserve shall not be less than 15.0 metres.

(m) Adding as section 502.9 (6) the following:

Notwithstanding section 502.9 (1) through (5), building setback from lot lines shared with the Agricultural Land Reserve shall be not less than 30.0 metres for the following uses: (a) Airline or air cargo operations or the servicing thereof; (b) Bottle depots; (c) Gas bars; (d) Industrial fueling installations; (e) Laundry or dry cleaning; (f) Major vehicle repair; (g) Service Stations; (h) Testing, repair or servicing of aircraft goods, machinery, equipment, tools

or boats; and (g) Truck Terminals.

(n) Adding as section 502.11(3) the following:

I2.1 zoned parcels abutting land within the Agricultural Land Reserve shown in Appendix B1 map.

(o) Adding as section 701.9 (5)

Notwithstanding section 701.9 (1) through (4), building setback from lot lines shared with the Agricultural Land Reserve for permitted uses shall be 30.0 metres.

(p) Adding as Section 701.11(5)

PA1.1 zoned parcels abutting land within the Agricultural Land Reserve shown in Appendix B1 map.

(q) Adding Schedule “1” as “Appendix B1”, which is attached to and forms part of this

Bylaw.




(2) Comox Zoning Bylaw 1850 is hereby further amended by making such consequential changes as are required to reflect the foregoing amendments, including without limitation changes in the numbering and order of the sections of this bylaw.

3. Adoption

(1) READ A FIRST and SECOND time this 16th day of June, 2021

(2) ADVERTISED A FIRST time this 25th day of August, 2021

(3) ADVERTISED A SECOND time this 1st day of September, 2021

(4) PUBLIC HEARING this 8th day of September, 2021

(5) READ A THIRD time this ___ day of ___, 2021

(6) ADOPTED this ___ day of ___, 2021

__________________________________

Mayor

__________________________________ Corporate Officer




BYLAW 1983 Schedule “1”

APPENDIX B1 1. Map: Parcels Abutting Agricultural Land Reserve




APPENDIX B1 2. Table: Shrub and Tree Species for Screening on Parcels Abutting Agricultural Land Reserve.




APPENDIX B1

3. Diagram: Planting Cross-Section for Screening on Parcels Abutting AgriculturalLand Reserve

Source: Madrone Environmental Services Ltd., May 20, 2021; based on the Province of British Columbia’s Guide to Edge Planning




APPENDIX B1 4. Fence Standard for Parcels Abutting Agricultural Land Reserve

(1) Chain-link Fencing to a height of 1.73 metres shall be constructed and meet

the following standards: a. posts securely anchored in the soil using 2,500 PSI concrete extending

from the soil surface to 15 centimetres below the bottom of the post; b. posts spaced no more than 2.5 metres O.C.; c. chain link material minimum 9 gauge wire; d. maximum mesh size 50mm x 50mm; e. made of black powder coated material; f. post caps and extension arms shall be of pressed steel or cast or

malleable iron and galvanized to CSA G164 standard; and g. if top and bottom welded rails are not used, top and bottom tension

wires shall be securely fixed taut and sag-free to terminal posts and any intermediate tensioning post; and the top tension wire shall pass through line post tops.




ATTACHMENT 3

That Comox Drainage Infrastructure Protection Bylaw 1824


THE TOWN OF COMOX

BYLAW 1824

A BYLAW TO PROTECT DRAINAGE INFRASTRUCTURE IN COMOX

WHEREAS, Section 69 of the Community Charter enables Council to regulate in respect of drainage provided by persons other than the municipality in relation to design and installation and require building and structure connection thereto, the maintenance of proper water flow therein and the reclamation or protection of part of the land mass of the municipality from erosion by any cause; NOW THEREFORE, the Council of the Town of Comox in open meeting assembled enacts as follows: TITLE 1. This Bylaw may be cited for all purposes as the “Comox Drainage Infrastructure Protection

Bylaw 1824”. DEFINITIONS 2. In this Bylaw:

Administrator means the person appointed to the position of Chief Administrative Officer by the Council. Applied Science Technologist or Applied Science Technician means a member of the Association of Applied Science Technologists and Technicians of B.C. Approving Officer means the person appointed to that position by the Council Building Inspector means a person appointed to that position by the Council Bylaw Enforcement Officer includes a person appointed to that position by the Council and an employee of the Town of Comox who is a Bylaw Enforcement Officer pursuant to Section 36 of the Police Act. Construction Works includes clearing, site grading, excavation, filling and alteration of land including vegetation; the construction of, addition to, or alteration of buildings, structures, services and other works on land including pavement; and the landscaping of land including ground cover, irrigation systems, exterior lighting, pavement, pavers, brickwork and retaining walls incorporated into the landscaping. Council means the Council of the Town of Comox. Deleterious Substance means soil, silt, gravel, and any other suspended solids including any substance that, if added to any water, would degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered harmful to the operation of the drainage system.


Town of Comox Comox Drainage Infrastructure Protection Bylaw 1824 Page 2

Corporate Officer means the person appointed to that position by the Council. Designated Environmental Monitor means an engineer, registered professional biologist, geoscientist, applied science technologist or applied science technician who is registered and in good standing in British Columbia, is trained in designing and implementing ESC plans, is responsible for inspecting, monitoring and reporting on the ESC facilities constructed and installed pursuant to an ESC plan under this Bylaw and where specified in this Bylaw is responsible for the preparation of ESC plans. Designated Professional Engineer” means a member of the Association of Professional Engineers and Geoscientists of the Province of British Columbia practicing in the consulting engineering industry with a declared area of practice in civil or geotechnical engineering and trained and experienced in designing and overseeing the construction of stormwater management systems who has prepared or been engaged to prepare an ESC plan under this Bylaw. Developer means the owner in fee simple of land or lessee of the owner on which construction works are undertaken and includes the owner’s or lessee’s agent and contractor. Director of Finance means the person appointed to that position by the Council. Drainage System means any Town owned system designed, constructed or installed for the purpose of containing or conveying stormwater to an Outlet Destination, or natural watercourse, whether such system is located on public lands or registered statutory rights-of-way, in place historically, or previously approved by the Town and includes, without limitation, storm sewer mains, ditches, swales, stormwater detention and infiltration systems, and any privately constructed on-site stormwater infiltration systems where provided on private lands as a work required as a condition of subdivision approval or building permit issuance, but does not include ESC facilities on private land. Erosion and Sediment Control Facilities (ESC Facilities) means all works and measures included in an erosion and sediment control plan. Erosion and Sediment Control Plan (ESC Plan) means the specifications, drawings, plans, phased construction schedules and design calculations of a Designated Professional Engineer or Designated Environmental Monitor for works and measures to control and monitor the discharge of any Prohibited Material into the Drainage System, that are prepared in accordance with sections 11(b) and 13 of this bylaw and drafting standards for such plans prescribed by the Municipal Engineer. Excessive Suspended Solids Discharge means an indirect or direct fluid discharge containing total suspended solids exceeding 25 milligrams per liter (mg/l) into any Drainage System, measured at the immediate outlet or point of discharge into the Drainage System. Excessive Turbidity means, in respect of a direct or indirect fluid discharge into any Drainage System, turbidity that exceeds 20 NTU measured at the immediate outlet or point of discharge into the Drainage System. Minor Development means the construction of, addition to or alteration of a maximum of one single- or two-family dwelling, coach house, secondary suite, bed and breakfast accommodation, home occupation, or accessory buildings and structures thereto where Comox Zoning Bylaw 1850 does not permit more than one single- or two-family dwelling on a parcel.



Municipal Engineer means the person appointed to the position of Director of Operations by the Council. Director of Development Services means the person appointed to that position by the Council. NTU means nephelometric turbidity unit as determined by the National Field Manual for the Collection of Water-Quality Data, U.S. Geological Survey, Compiled July 2014. Outlet Destination means the point in a drainage system where stormwater is disposed into surrounding soil. Parcel means any lot, block, or other area in which land is held or into which it is subdivided, but does not include a highway. Prohibited Material means:

(a) any Excessive Suspended Solids Discharge or any discharge of any sediment, earth, construction or excavation wastes, cement, concrete, or other substances which when mixed with water, will constitute Excessive Suspended Solids Discharge;

(b) any Deleterious Substance; and (c) any discharge having Excessive Turbidity.

Superintendent of Public Works means the person appointed to that position by the Council. Registered Professional Biologist means a member of the College of Applied Biology of British Columbia.

Security Deposit means the security deposit to be provided pursuant to section 34 of this Bylaw. Significant Rainfall Event means any precipitation event, which meets or exceeds 10 mm/hour, or 25 mm in any 24-hour period. Stabilized means, in relation to parcel surfaces, vegetated or otherwise managed such that soil at the surface is not susceptible to erosion by wind or water. Stormwater Infiltration System means any portion of the drainage system intended to manage stormwater through the process of infiltration into surrounding soil. Subdivision Services Agreement means an agreement pursuant to S. 509(2) of the Local Government Act,. Town means the Town of Comox. Tree means a tree with a trunk circumference of at least 65 cm measured at 1.5 metres above the tree base.


Town of Comox Comox Drainage Infrastructure Protection Bylaw 1824 Page 4 INTERPRETATION 3. A reference in this Bylaw to any enactment of British Columbia is a reference to the enactment as

amended, revised, consolidatated or replaced from time to time. 4. A reference in this Bylaw to any bylaw, policy or form of the Town is a reference to the bylaw, policy

or form as amended, revised, consolidated or replaced from time to time. APPLICATION 5. This Bylaw shall be applicable to all lands within the Town.

PROHIBITION OF DISCHARGE 6. No person shall cause or permit any Prohibited Material, or substance containing Prohibited

Material to be released, directly or indirectly into the Drainage System. 7. No person shall obstruct or impede the flow or operation of any Drainage System. EXEMPTIONS 8. In an emergency as determined by the Municipal Engineer, all maintenance work on the

Drainage System undertaken by the Town to deal with the emergency is exempt from the provisions of this Bylaw.

9. Despite section 10 or 11 of this Bylaw, the Municipal Engineer may waive the requirement for

either an ESC plan or a Security Deposit or both, should the proposed Construction Works be unlikely to cause or permit any Prohibited Material, or substance containing Prohibited Material to be released, directly or indirectly into the Drainage System taking into account only the following factors:

(a) size and location of the proposed Construction Works with respect to the perimeter

andsensitivity of the parcel on which the Construction Works will take place; (b) the soil conditions on the parcel; (c) existing vegetation and growth on the parcel; and (d) topographical conditions of the parcel pertinent to drainage.

CONSTRUCTION AND DEVELOPMENT 10. A Developer

(a) undertaking Construction Works to provide services required for subdivision approval



including pursuant to S. 506, S. 507 and S. 509 of the Local Government Act; (b) applying for a building permit other than for Minor Development that requires Construction Works

on the Parcel; (c) undertaking to deposit or remove soil on land exceeding a depth of 1.0 metre above or below

existing ground elevations and covering an area exceeding 150 m²; or (d) undertaking to remove ten or more Trees on a parcel exceeding one hectare and one or more of

the following circumstances apply:

(i) the area to be cleared has a slope of greater than 10% measured over any horizontal dimension of the area to be cleared;

(ii) the area to be cleared is in a tree cutting permit area, designated pursuant to Comox

Tree Cutting in Hazardous Areas Bylaw, 1992; or

(iii) more than 35% of the Trees on a parcel are to be removed,

shall submit an application and an ESC plan in conformance with this Bylaw, and obtain a permit under this Bylaw before any other permits, approvals or authorizations necessary for the activities are given or issued. Applications and ESC plans under 10(a) shall be submitted to the Approving Officer as part of the subdivision application engineering design drawings. Applications and ESC plans under 10(b) shall be submitted as part of the building permit application to the Building Inspector. Applications and ESC plans under 10(c) and (d) shall be submitted to the Municipal Engineer.

WRITTEN VERIFICATION 11. Every Developer applying for a building permit for Minor Development that requires

Construction Works on a Parcel (a) except as specified in section 11(b), need not provide an ESC plan but must comply with the

erosion and sediment control requirements for Minor Development as set out in Schedule A for the duration of the Construction Works, and any ESC plan of which the Developer has been provided a copy under section 20(b), until an occupancy permit has been issued and the maintenance of planting and revegetated areas for a minimum 1-year period; and

(b) where any of the following variables apply, must submit as part of the building permit application to the Building Inspector an application and ESC plan complying with Schedule A, this Bylaw and any ESC plan of which the Developer has been provided a copy under section 20(b), prepared by a Designated Environmental Monitor for each Parcel:

(i) Construction Works would occur between October 15 and May 15 inclusive;

(ii) Parcel on which Minor Development would occur has soil types consisting predominantly of clays or fines;

(iii) Parcel on which Minor Development would occur has a proposed disturbed area greater than 1.0 hectare;



(iv) Parcel on which Minor Development would occur has a natural or graded slope greater than 15% percent measured horizontally over any dimension of the Parcel; or

(v) Developer proposes Construction Works on five or more Parcels that abut one another, and for the purpose of this subsection “abut” means sharing a boundary with, or separated by a highway or strata plan access route from and having any portion directly opposite a Parcel that is the subject of the application.

12. All ESC facilities described in an ESC plan required by section 10 or 11(b) must be:

(a) installed, constructed, and operational in accordance with an ESC plan for which a permit has been issued by the Municipal Engineer; and

(b) certified as installed, constructed, and operational by a Designated Environmental Monitor before any Construction Works begin.

EROSION AND SEDIMENT CONTROL PLAN 13. ESC plans for activities enumerated in section 10 must

(a) comply with the stormwater management practices set out in the following guides as amended or replaced from time to time:

(i) Section 3 “Erosion and Sediment Control and Site Development Practices” of

Land Development Guidelines for the Protection of Aquatic Habitat, Fisheries and Oceans, Ministry of Environment, Lands and Parks, May 1992;

(ii) Manual of Control of Erosion and Shallow Slope Movement, Ministry of

Transportation and Highways, August 22, 1997; and (iii) Design for Effective Sediment and Erosion Control on Construction Sites, Jerald S.

Fifield, Ph.D. CPESC, Forester Communications Inc., 2004; (iv) Environmental Guidelines For Urban and Rural Land Development in British

Columbia, 2014 (Ministry of Environment & Ministry of Forests, Lands, and Natural Resource Operations), Appendix B

(b) utilize pervious infiltration areas wherever possible; (c) Emphasize source control as the primary method for dealing with erosion and sediment

runoff, by: (i) incorporating in the ESC Plan construction measures listed in Schedule C to this

Bylaw to the extent that is practicable, and including in the ESC Plan an initialed copy of Schedule C to indicate that each erosion and sediment control measure has been considered; and




(d) Provide primary erosion and sediment source controls including:

(i) sediment control ponds; (ii) outfall mitigation; (iii) temporary fencing to physically delineate clearing boundaries; (iv) perimeter ditches, swales, and interceptor ditches that divert runoff away from cleared

areas during phased development and into staged primary and auxiliary sediment traps or sediment ponds where appropriate, prior to discharge off site;

(v) restriction of vehicle/machinery access to and from a Parcel to gravel access pads, gravel staging areas, or pavement constructed and maintained to minimize soil disturbance and the migration of sediment into the Drainage System including

1. wheel wash facilities during the period from October 15 to May 15, and 2. gravel access pad and staging area of a minimum 4.5 m width and minimum

of 150 mm depth and comprised of 100 mm diameter angular rock; (vi) prevention of concrete truck wash and construction wash of exposed aggregate

surfaces from entering the Drainage System; (vii) sweeping and cleaning specifications for road rights of way, including road pavement,

boulevards, curbs and sidewalks, abutting Parcels being developed, at least once per day and more frequently during rain events, and prohibition of roadway flushing;

(viii) silt fences; (ix) filter fabric donuts inside all road frontage catch basins and lawn basins collecting

runoff from the Parcel; (x) immediate surface protection using polyethylene sheeting or tarps when rain events

are expected, where slopes exceed three metres in height and are steeper than five percent at any point, or where soil types consist predominantly of clays or fines;

(xi) erosion protection for temporary graded areas such as straw, mulch or polyethylene tarps in non-traffic areas and a gravel cap in zones of construction traffic;

(xii) seeding and stabilization with native vegetative species prior to October 15th of all bare and exposed areas that will be left dormant for longer than 30 days;

(xiii) no native or non-native soils stockpiled or unloaded on road rights of way including road pavement, boulevards, curbs andsidewalks or within 2.0 metres of ESC facilities;

(xiv) covering of native or non-native soil stockpiles with weighted polyethylene sheeting; (xv) sediment and stormwater management controls for waters captured within building

foundations, sediment ponds, or when flushing ESC facilities; and (xvi) methodology to verify the operation and acceptable condition of the Drainage System

prior to, and subsequent to, decommissioning of the ESC facilities; (e) include a schedule for the maintenance and final decommissioning of ESC facilities for each

of the phases; (f) include re-vegetation and stabilization measures for restoring disturbed or exposed soil areas

which for Construction Works described in section 10(a) must occur before the Approving Officer approves the subdivision plan where there is no Subdivision Services Agreement, or the Town acknowledges in any manner that the works required by any Subdivision Services Agreement have been satisfactorily provided;

(g) include the maintenance of planting and revegetated areas for a minimum 1-year period;



(h) include the signed and sealed certification of a Designated Professional Engineer that the ESC plan has been prepared in accordance with this Bylaw to prevent any Prohibited Material or substance containing Prohibited Material from being released directly or indirectly into the Drainage System or in any other way impair its operation during Construction Works;

(i) include detailed plans, a phased construction schedule, water sampling schedule for total

suspended solids and turbidity analysis, and design calculations prepared by the Designated Professional Engineer; and

(j) be accompanied by a completed Schedule B.

14. Any modification of an ESC plan for activities enumerated in section 10 must be approved

by the Designated Professional Engineer, who must notify the Municipal Engineer in writing within 24 hours of making a modification and confirm that the ESC plan continues to conform to this Bylaw.

15. An ESC plan for activities enumerated in section 11(b) must be accompanied by a

completed Schedule B signed by the Designated Environmental Monitor.

16. An ESC plan for activities enumerated in section 10 or 11(b) must be accompanied by

(a) written confirmation by the Developer and the Designated Environmental Monitor of the

appointment of the Monitor to perform duties under this Bylaw; and (b) any Security Deposit required by this Bylaw.

17. The Designated Environmental Monitor for activities enumerated in section 10 must

(a) be retained for the duration of the Construction Works until the completion of all

obligations in accordance with section 21;

(b) sample and obtain total suspended solids and turbidity analysis of the water being discharged from the Parcel in accordance with ESC plan specifications;

(c) where there is Excessive Suspended Solids Discharge or Excessive Turbidity, consult

the Designated Professional Engineer and implement corrective measures immediately; (d) advise the Municipal Engineer of exceedance and corrective measures taken within 24

hours of knowledge of excessive suspended solids discharge or excessive turbidity; and (e) certify in writing that all ESC plan requirements have been completed in accordance

with section 21.

18. The Designated Environmental Monitor for activities enumerated in section 11(b) must

(a) be retained for the duration of the Construction Works until an occupancy permit has



been issued. (b) approve any modification of the ESC plan; (c) notify the Municipal Engineer in writing within 24 hours of making a modification; and

(d) certify in writing to the Building Inspector that all ESC plan requirements have been completed including final decommissioning of ESC facilities, proper disposal of any waste materials, and disturbed or exposed soil areas have been re-vegetated and stabilized pursuant to the approved ESC plan excluding the maintenance of planting and revegetated areas for a minimum 1-year period before the Building Inspector issues an occupancy permit.

19. The Designated Environmental Monitor for activities enumerated in section 10 and 11(b)

must

(a) inspect and provide written certification to the Municipal Engineer in relation to activities enumerated in section 10(a), (c) and (d) and the Building Inspector in relation to activities enumerated in section 10(b) and 11(b) that all required ESC facilities have been installed, constructed and are operational in accordance with the ESC plan for which a permit has been issued before any Construction Works begin;

(b) direct the maintenance of ESC facilities and modification or halting of Construction Works as may be required to ensure compliance with the ESC plan and this Bylaw;

(c) undertake onsite inspections at least once a day during construction on any day rain is

anticipated or occurs, and the subsequent day after a Significant Rainfall Event, and a minimum of once a week otherwise;

(d) submit a record of onsite inspections bi-monthly to the Municipal Engineer in relation to activities enumerated in section 10(a), (c) and (d) and to the Building Inspector in relation to activities enumerated in section 10(b) and 11(b);

(e) notify the Municipal Engineer of any onsite or off-site deficiencies or infractions of this bylaw that have not been resolved within 24 hours; and

(f) notify the Municipal Engineer in relation to activities enumerated in section 10(a), (c) and (d) and the Building Inspector in relation to activities enumerated in section 10(b) and 11(b) in writing within 24 hours of any changes with respect to the engagement of the Designated Environmental Monitor by the Developer.

20. The Developer must:

(a) post a waterproof copy of the ESC plan for which a permit has been issued in respect of activities enumerated in section 10 or 11(b) including detailed plans and where applicable phased construction schedule, the emergency contact information for the Parcel owner, the Designated Professional Engineer where applicable, and the Designated Environmental Monitor for the Parcel on a sign in a location visible from outside the Parcel at the main vehicle access point, for the duration of the Construction Works; and (b) provide a copy of the ESC plan to any transferee of any Parcel created by the



subdivision for which the ESC plan was prepared.

21. The ESC facilities required by an ESC plan for which a permit has been issued for activities

enumerated under section 10 shall be installed, constructed, maintained and operated by the Developer performing the Construction Works:

(a) where the ESC plan was submitted in conjunction with an application for subdivision

approval under section 10(a), until (i) the later of the date of Approving Officer approval of the subdivision plan and the

date of fulfillment of the terms of a Subdivision Services Agreement excluding any terms dealing with the correction of defects or deficiencies in the works appearing within the warranty period, and

(ii) the Designated Environmental Monitor has certified in writing to the Municipal Engineer that all ESC plan requirements have been completed including

1. the construction of gravel access pads for each Parcel, 2. final decommissioning of ESC facilities for each of the phases, 3. proper disposal of any waste materials, and 4. disturbed or exposed soil areas have been re-vegetated and stabilized

including the maintenance of planting and revegetated areas for a minimum 1-year period pursuant to the ESC plan for which a permit has been issued.

Municipal Engineer receipt of the Designated Environmental Monitor certification of ESC plan completion excluding the maintenance of planting and revegetated areas for a minimum 1-year period is required before the Approving Officer approves the subdivision plan where there is no Subdivision Services Agreement or the Town acknowledges in any manner that the works required by any Subdivision Services Agreement have been satisfactorily provided;

(b) where the ESC plan was submitted in conjunction with an application for a Building

Permit under section 10(b), until (i) the issuance of an occupancy permit, and

(ii) certification by the Designated Environmental Monitor has been received by the Building Inspector that all ESC plan requirements have been completed including

1. final decommissioning of ESC facilities for each of the phases, 2. proper disposal of any waste materials, and 3. disturbed or exposed soil areas have been re-vegetated and stabilized

including the maintenance of planting and revegetated areas for a minimum 1-year period pursuant to the ESC plan for which a permit has been issued.

Building Inspector receipt of the Designated Environmental Monitor certification of ESC plan completion excluding the maintenance of planting and revegetated areas for a minimum 1-year period is required before Building Inspector issuance of an occupancy permit;

(c) where the ESC plan was submitted prior to the deposition or removal of soil under section

10(c), until certification by the Designated Environmental Monitor has been received by the Municipal Engineer that all Construction Works involving soil removal or soil deposit, or both, have been completed pursuant to the ESC plan for which a permit has been issued including



(i) final decommissioning of ESC facilities for each of the phases, (ii) proper disposal of any waste materials, and

(iii) disturbed or exposed soil areas have been re-vegetated and stabilized including the maintenance of planting and revegetated areas for a minimum 1-year period pursuant to the approved ESC plan.

Municipal Engineer receipt of the Designated Environmental Monitor certification of ESC plan completion excluding the maintenance of planting and revegetated areas for a minimum 1-year period is required.

(d) where the ESC plan was submitted prior to the removal of Trees under section 10(d), until certification by the Designated Environmental Monitor has been received by the Municipal Engineer that all Construction Works involving Tree removal have been fully completed in compliance with the ESC plan for which a permit has been issued including (i) final decommissioning of ESC facilities, for each of the phases,

(ii) proper disposal of any waste materials, and (iii) disturbed or exposed soil areas have been re-vegetated and stabilized including the

maintenance of planting and revegetated areas for a minimum 1-year period pursuant to the approved ESC plan.

Municipal Engineer receipt of the Designated Environmental Monitor certification of ESC plan completion excluding the maintenance of planting and revegetated areas for a minimum 1-year period is required.

22. The ESC facilities required by an ESC plan for which a permit has been issued for activities enumerated under section 11(b) shall be installed, constructed, maintained and operated by the Developer performing the Construction Work until issuance of an occupancy permit and the maintenance of planting and revegetated areas for a minimum 1-year period.

APPLICATION FEES 23. Applications under this bylaw must be accompanied by a non-refundable $500.00 fee. 24. If, upon initial receipt of an application, the Town determines that an application is incomplete, the

application may be returned to the applicant for completion with the balance of the application fee, less $250 for preliminary review. The full application fee will be required to accompany the resubmission of the application.

ADMINISTRATION AND ENFORCEMENT 25. Information submitted for all applications under this Bylaw shall be in the form specified by

the Municipal Engineer and shall include any drawings and specifications required by the Municipal Engineer to enable the Town to evaluate the application in relation to all applicable bylaws, and a completed Schedule B.

26. The Municipal Engineer may prescribe application forms for the purposes of this Bylaw and

in doing so may prescribe different forms for different categories of applications based on the nature or complexity of the proposed development.


Town of Comox Comox Drainage Infrastructure Protection Bylaw 1824 Page 12 27. Excepting statutory notifications, and unless email is specifically excluded, wherever a

notice is required by this Bylaw or permitted in this Bylaw, at the Town’s discretion, delivery of a notice may be by email or postal mail.

28. A notice delivered by the Town, other than a notice required by statute, is deemed to have

been received on the day it is sent by email and on the third day following the day of mailing if sent by postal mail.

29. The Municipal Engineer, Bylaw Enforcement Officer, Director of Development Services, Building Inspector and all Town employees under their direction shall have the right at all reasonable hours and with such notice as is required by the Community Charter to enter upon and inspect any land or premises in the Town to determine if the provisions of this Bylaw are being met.

30. In the event of a breach of the provisions of this Bylaw or works in contravention of an ESC

plan for which a permit has been issued, the Municipal Engineer, Superintendent of Public Works, Bylaw Enforcement Officer, or Building Inspector may post a stop work notice on the sign provided in section 20, and if there is no such sign then anywhere on the Parcel. Upon the posting of such notice all Construction Works other than those specifically exempted in the notice shall cease until the breach or contravention has been remedied, and the Municipal Engineer, Superintendent of Public Works, Bylaw Enforcement Officer, or Building Inspector, has authorized them to recommence.

31. Bylaw Enforcement Officers, Building Inspectors, the Superintendent of Public Works and

the Municipal Engineer are designated to enforce this Bylaw pursuant to Section 264(1)(b) of the Community Charter.

32. Pursuant to section 269(1) of the Community Charter, authorization is hereby delegated to a

Bylaw Enforcement Officer, Administrator or Corporate Officer to refer tickets issued with respect to this bylaw to the Provincial Court for a hearing.

SECURITY DEPOSIT 33. The submission of security in accordance with this Bylaw must be either in cash or by a

clean unconditional and irrevocable letter of credit, which letter of credit shall be issued by a Canadian Chartered Bank or other financial institution satisfactory to the Director of Finance and negotiable at a branch of the bank or other issuer in the Town of Comox or the City of Courtenay. Any letter of credit must be in favour of the Town, must be automatically self-renewing, and shall not expire but shall be maintained throughout the duration of the Construction Works and until

(a) in respect of section 10, completion of all obligations in accordance with section 21 and the completion of a 1-year maintenance period for all plantings and re-vegetated areas; and

(b) in respect of section 11(a) and (b), an occupancy permit has been issued and the completion of a

1-year maintenance period for all plantings and re-vegetated areas.

34. The submission of an ESC plan pursuant to section 10 must be accompanied by a S ecurity



Deposit in the following amount:

(a) in respect of section 10(a), a minimum of $10,000.00, and if more than ten (10) Parcels are to be created, $1,000.00 per Parcel up to a maximum of $100,000.00; however no Security Deposit is required where a security pursuant to a subdivision services agreement is provided, and such agreement expressly provides that the security under it is given for the purposes of this Bylaw;

(b) in respect of section 10(b), 2.5% of the value of the Construction Works disclosed on the

Building Permit application; and

(c) in respect of sections 10(c) and (d) $3,000.00 per Parcel on which soil deposit or removal or tree cutting operations are proposed.

35. The submission of a building permit application in respect of section 11(a) must be

accompanied by a Security Deposit of $3,000.00 per Parcel. 36. The submission of a building permit application in respect of section 11(b) must be

accompanied by a Security Deposit of $10,000.00 per Parcel. In the case of an application in respect of section 11(b)(i), the Security Deposit may be reduced to $3,000.00 per Parcel upon completion of backfilling of foundation excavations to within 0.6 m of the top of the foundation, backfilling of all other excavations on the lot to correspond with adjacent grade, and completion of construction of the building envelope including the installation of roofing, siding and all exterior windows and doors.

37. Any person who provides a Security Deposit to the Town pursuant to this Bylaw may by

written authorization provided to the Town, authorize the Town to return the Security Deposit to a person identified in the authorization, provided that the authorization is accompanied by a current state of title certificate or title search print showing that person as a registered owner of the parcel in respect of which the Security Deposit was provided. No person who is entitled in this manner to receive a returned Security Deposit may authorize the Town to return the Security Deposit to any other person.

38. In the event of a breach of this Bylaw, in addition to a stop work notice (section 30) or

prosecution (section 43), the Town may, but shall not be obligated to, draw down on any letter of credit and use the proceeds to remedy the breach and for such purpose the provision of a Security Deposit hereunder is deemed to include the grant of an unqualified and irrevocable license to the Town to enter onto the land subject of the ESC plan and to do all such work as is necessary to remedy the breach.

39. Any letter of credit or cash held by the Town after

(a) in respect of section 10, completion of all obligations in accordance with section 22 and the completion of a 1-year maintenance period for all plantings and re-vegetated areas; and

(b) in respect of section 11(a) and (b), an occupancy permit has been issued and the completion of a

1-year maintenance period for all plantings and re-vegetated areas

shall be returned less any monies owing the Town arising from actions taken pursuant to 38.



APPLICATION ABANDONMENT, SUSPENSION AND EXTENSION 40. Where additional information has been required after an application has been accepted, the

application will be held for up to 90 days, pending submission of the required information. If the required information has not been submitted by that time, the applicant will be notified that the application is deemed to have been abandoned and the application fee will not be refunded.

41. Prior to the Municipal Engineer issuing a permit under this Bylaw; an applicant may request that

processing of the application be suspended for a period not exceeding 240 days from the date of the request, and, only one suspension of processing will be granted.

42. Upon written request for an extension made prior to the expiry of an applicable period of time

specified in section 40, the Municipal Engineer may extend the period, but not more than two such maximum 90 day extensions may be granted.

OFFENCE

43. Any Developer who:

(a) violates any provision of this Bylaw or neglects or fails to do anything required to be done by this Bylaw; or

(b) causes or permits any other person to violate any provision of this Bylaw or to neglect or

fail to do anything required to be done by this Bylaw with respect to real property of which he or she is the registered owner, occupant, lessee, licensee or contractor

commits an offence under this Bylaw and is subject to the imposition of any and all penalties or remedies available to the Town pursuant Section 44 or 45 of this Bylaw and any other applicable bylaws or legislation.

PENALTY 44. (a) Every person who commits an offence under this Bylaw in addition to being subject to any

remedies specifically provided for in this Bylaw is subject to prosecution in the Provincial Court of British Columbia and upon summary conviction will be subject to a fine of not more than $10,000.00 for each and every offence, provided that at the discretion of the Town a municipal ticket in the form prescribed by B.C. Reg. 425/2003 may be issued by an official mentioned in Section 31 for the offences listed in Column 1 of the Table in Section 45 of this Bylaw corresponding to the bylaw section number listed in Column 2. Where the offence is a continuing one, each day that the offence is continued shall constitute a separate offence.

(b) A person receiving a ticket must either pay the fine prescribed in Column 3 of the Table in

Section 45 in respect of the offence that has been charged or dispute the ticket within 14 days of receipt of the ticket, and if the person receiving the ticket chooses to dispute the ticket, such person must dispute the ticket in writing or in person as provided in Sections 267 (1) (b) and (2) and (3) of the Community Charter.


Town of Comox Comox Drainage Infrastructure Protection Bylaw 1824 Page 15 45.

Column 1 Column 2 Column 3

Offence Bylaw Section Fine Amount

Unlawful discharge of prohibited material 6 $1000.00

Unlawful alteration of drainage system 7 $250.00

Failure to comply with erosion and sediment control requirements

11(a) $250.00

Failure to obtain permit 10 $500.00

Failure to provide ESC Plan with building permit application 11(b) $500.00

Failure to comply with ESC Plan 12(a) $500.00

Failure to provide certification 12(b) $500.00

Unlawful modification of ESC Plan 14 $500.00

Failure to notify of ESC Plan modification 14 $250.00

Failure to retain Designated Environmental Monitor 17(a) $1000.00

Failure to sample and test 17(b) $500.00

Failure to implement corrective actions 17(c) $1000.00

Failure to notify 17(d) $250.00

Failure to provide certification 17(e) $500.00

Failure to retain Designated Environmental Monitor 18(a) $500.00

Unlawful modification of Erosion and Sediment Control Plan 18(b) $500.00

Failure to notify of ESC Plan modification 18(c) $250.00

Failure to submit certification 18(d) $250.00

Failure to provide confirmation of compliance 19(a) $500.00



Column 1 Column 2 Column 3

Offence Bylaw Section Fine Amount

Failure to ensure compliance 19(b) $500.00

Failure to inspect 19(c) $250.00

Failure to submit record of inspections 19(d) $250.00

Failure to notify 19(e) $500.00

Failure to notify 19(f) $250.00

Failure to post ESC Plan 20(a) $250.00

Failure to install, construct, maintain or operate ESC Facilities

21(a) $500.00


21(b) $500.00


21(c) $500.00


21(d) $500.00


22 $500.00

SEVERABILITY 46. If any section or lesser portion of this Bylaw is held invalid, it shall be severed and the

validity of the remaining provisions of this shall not be affected.


Town of Comox Comox Drainage Infrastructure Protection Bylaw 1824 Page 17 ADOPTION

READ A FIRST time this 16th day of June, 2021 READ a SECOND time this 16th day of June, 2021 READ A THIRD time this day of , 2021 ADOPTED this day of , 2021 MAYOR CORPORATE OFFICER



Comox Drainage Infrastructure Protection Bylaw 1824

Schedule A EROSION AND SEDIMENT CONTROL FOR MINOR DEVELOPMENT

Access, Staging Areas, and Soil Protection 1. Excavated/imported soils must not be stockpiled/unloaded on road rights of way, including road

pavement, boulevards, curbs and sidewalks. If soils are stockpiled within the boundary of the Parcel, then the stockpiles shall be covered with polyethylene sheeting and weighted down.

2. All catchbasins within proposed development as well as those immediately downstream as required shall be protected with a catch basin donuts.

3. Stockpiled material (native and non-native soils) must not be placed closer than 2 metres from sediment and erosion control facilities (catch basins, conveyance trenches/ditches, swales or others).

4. Provide access area and a staging area for heavy construction vehicles in the form of a paved driveway or gravel pad (minimum 4.5m wide, minimum 150 mm depth and minimum100 mm diameter angular rock). Pad must be wholly located on the parcel and large enough to cover the staging and cleanup areas where heavy construction vehicle traffic is expected such as lumber trucks, excavators, dump trucks, or pumper trucks.

5. Vehicles/machinery shall not be permitted to park/drive upon boulevard areas (i.e. areas between the curb and sidewalk comprised of soils and/or grass sod).

6. No major grade changes (must be less than 0.5 metres difference from existing grade) and/or re-contouring of landscape exceeding 100 square metres of the entire Parcelare allowed without written permission from the Municipal Engineer.

7. Cover all exposed soils during rain events, when rains are expected, or when a construction area is not being immediately used for more than 3 consecutive days with polyethylene / tarps and weighted down.

8. Stop heavy construction work activity and use of heavy construction vehicles on Parcelduring any precipitation event, which meets or exceeds 10 mm/hour, or 25 mm in any 24-hour period at the discretion of the Designated Environmental Monitor and where the retention of a Designated Environmental Monitor is not required by Comox Drainage Infrastructure Protection Bylaw 1824, the contractor.

Erosion and Sediment Control Measures 8. Management of erosion and sediment on Parcelmust include the following:

• Retain existing vegetation and ground cover where possible. • Install a silt fence on the lowest point of the Parcel abutting a road rights of way and around

disturbed slopes within 50 metres of a watercourse, ditch, or body of water. • Divert runoff away from disturbed areas and road rights of way by use of perimeter ditches

and diversion swales to onsite sediment controls or vegetated areas. • To facilitate velocity reduction / water detention and sediment retention, line all drainage

ditches installed within the boundaries of the Parcel with clean rock or other acceptable and permeable material and cross-berm ditches with check-dams and silt fences at 3 and 5m intervals respectively.

• Collect sediment runoff into on site sediment traps, sediment ponds, or vegetated areas



within the Parcel to take advantage of natural infiltration of soils where appropriate. • Pump waters captured within the building foundation into the excavated sump, or extract

by pumper truck do not discharge onto surrounding exposed soils or road rights of way. • Re-vegetate disturbed areas as soon as practically possible and within 30 days of

completion of construction works. 9. Line cutoff swales, perimeter drains, and the sump with rock; connect a perforated riser pipe

(surrounded with drain rock) within the sump to the lead that discharges to the Drainage System;

Maintenance 10. Sweep pavement within road rights of way (fronting the relevant Parcels) free and clean of

accumulated soils, fines/sediments on a regular basis (at least once a day during rain events). No flushing of these soils on the road rights of way, including road pavement, boulevards, curbs and sidewalks, is permitted.

11. Concrete truck wash and construction wash of exposed aggregate surfaces must not be directed into any drainage system or catch basin.

12. The contractor and/or the Designated Environmental Monitor must inspect the Parcelon a regular basis to ensure all sediment traps, sediment ponds, silt fences, access pads, and any other erosion or sediment control facilities are maintained. The contractor and/or Designated Environmental Monitor must maintain and provide for inspection by the Building Inspector an Inspection Log.

13. Maintain a tidy site during construction. Disposal of waste off-site shall occur on a regular basis. 14. Remove all temporary erosion and sediment control measures and construction materials at the

end of the project. Ensure that the Parcelhas been cleaned up, vegetated, and stabilized after construction works are complete to the satisfaction of the Building Inspector prior to application for occupancy permit.

15. Maintenance of planting and revegetated areas for a minimum 1-year period.



COMOX DRAINAGE INFRASTRUCTURE PROTECTION BYLAW 1824

SCHEDULE B

ACKNOWLEDGEMENTS AND CERTIFICATIONS (to be attached to Erosion and Sediment Control Plan)

_____________________________________________________________________________________

PROPERTY DESCRIPTION

Civic Address: _______________________________________________________________

Legal Description: ____________________________________________________________

Check one √

Type of development Bylaw 1824 Section Number

Parts of this form required

Subdivision 10(a) 1,2(a),3(a),4,5 Building permit – minor development 11(b) 2(b),3(b),4,5 Building permit – other development 10(b) 1,2(a),3(a),4,5 Soil removal or deposit 10(c) 1,2(a),3(a),4,5 Tree cutting 10(d) 1,2(a),3(a),4,5

(“Minor development”: the construction of, addition to or alteration of a maximum of one single- or two-family dwelling, coach house, secondary suite, bed and breakfast accommodation, home occupation, or accessory buildings and structures thereto where Comox Zoning Bylaw 1850 does not permit more than one single- or two-family dwelling on a parcel.)

PART 1: DESIGNATED PROFESSIONAL ENGINEER’S CERTIFICATION

The undersigned member of the Association of Professional Engineers and Geoscientists of British Columbia certifies that the Erosion and Sediment Control Plan to which this certification is attached complies in all respects with Comox Drainage Infrastructure Protection Bylaw 1824 including the external standards referenced in s. 13(a) of the Bylaw.

Name of Engineer or Geoscientist: ____________________________________

Signature: ________________________________________________________

Telephone Contact Number: _________________________________________

Email address: ____________________________________________________

Seal:

PART 2(a): DESIGNATION OF ENVIRONMENTAL MONITOR AND OWNER’S ACKNOWLEDGEMENTS

The undersigned owner of the land described above acknowledges and represents to the Town of Comox that:


Town of Comox Comox Drainage Infrastructure Protection Bylaw 1824 Page 21 1. I have engaged _______________________________________ (the “Designated Environmental Monitor”) to

monitor the work that is the subject of the Erosion and Sediment Control Plan to which this certification is attached, including without limitation to sample and analyse in accordance with the Plan surface water that is being discharged from the land; to deal with any incidents of excess turbidity or suspended solids in accordance with the Bylaw and the Plan including by halting all work until the incident is resolved; to modify the Plan as required and secure the Town’s approval of any such modifications and, the approval of the professional engineer or geoscientist who prepared the Plan; to notify the Municipal Engineer of any onsite or off-site deficiencies or infractions of the Bylaw that have not been resolved in 24 hours; to provide certifications to the Town preceding and following the completion of the work that the work has been performed in accordance with the Plan; and generally to ensure that the work is performed in accordance with Comox Drainage Infrastructure Protection Bylaw 1824;

2. I will not terminate the engagement of the Designated Environmental Monitor before the certifications mentioned above are provided to the Town, without engaging a replacement Designated Environmental Monitor and providing to the Town a replacement for this document with the replacement Designated Environmental Monitor’s acknowledgement of appointment; and

3. The Town may, in the event of any contravention of the Bylaw or failure to comply with and implement the Erosion and Sediment Control Plan, at its discretion issue a Stop Work Order, commence a prosecution, issue a municipal ticket or use security that I have provided to remedy the contravention.

Name of Owner: __________________________________________

Signature of Owner: _______________________________________

Telephone Contact Number: ________________________________

Email address: ___________________________________________

PART 2(b): DESIGNATION OF ENVIRONMENTAL MONITOR AND OWNER’S ACKNOWLEDGEMENTS

The undersigned owner of the land described above acknowledges and represents to the Town of Comox that:

1. I have engaged _______________________________________ (the “Designated Environmental Monitor”) to monitor the work that is the subject of the Erosion and Sediment Control Plan to which this certification is attached, including without limitation to monitor and direct the maintenance of ESC facilities and modification or halting of Construction Works as may be required to ensure compliance with the ESC Plan and the Bylaw; to modify the Plan as required and secure the Town’s approval of any such modifications; to notify the Municipal Engineer of any onsite or off-site deficiencies or infractions of the Bylaw that have not been resolved in 24 hours; to provide certifications to the Town preceding and following the completion of the work that the work has been performed in accordance with the Plan; and generally to ensure that the work is performed in accordance with Comox Drainage Infrastructure Protection Bylaw 1824;

2. I will not terminate the engagement of the Designated Environmental Monitor before the certifications mentioned above are provided to the Town, without engaging a replacement Designated Environmental Monitor and providing to the Town a replacement for this document with the replacement Designated Environmental Monitor’s acknowledgement of appointment; and

3. The Town may, in the event of any contravention of the Bylaw or failure to comply with and implement the Erosion and Sediment Control Plan, at its discretion issue a Stop Work Order, commence a prosecution, issue a municipal ticket or use security that I have provided to remedy the contravention.


Town of Comox Comox Drainage Infrastructure Protection Bylaw 1824 Page 22 Name of Owner: __________________________________________

Signature of Owner: _______________________________________

Telephone Contact Number: ________________________________

Email address: ___________________________________________

PART 3(a): DESIGNATED MONITOR’S CERTIFICATION

The above-named and undersigned Designated Environmental Monitor, being an engineer, registered professional biologist, geoscientist, applied science technologist or applied science technician who is registered and in good standing in British Columbia, is trained in designing and implementing ESC plans, is responsible for inspecting, monitoring and reporting on the ESC facilities constructed and installed pursuant to an ESC plan under the Bylaw, certifies that:

1. the Erosion and Sediment Control Plan to which this certification is attached in my opinion complies in all respects with Comox Drainage Infrastructure Protection Bylaw 1824 including the external standards referenced in s. 13(a) of the Bylaw; and

2. I have been engaged by the above signed owner of the land described above to monitor the work that is the subject of the Erosion and Sediment Control Plan, including without limitation to sample and analyse in accordance with the Plan surface water that is being discharged from the land; to deal with any incidents of excess turbidity or suspended solids in accordance with the Bylaw and the Plan including by halting all work until the incident is resolved; to modify the Plan as required and secure the Town’s approval of any such modifications and, the approval of the professional engineer or geoscientist who prepared the Plan; to notify the Municipal Engineer of any onsite or off-site deficiencies or infractions of the Bylaw that have not been resolved in 24 hours; to provide certifications to the Town preceding and following the completion of the work that the work has been performed in accordance with the Plan; and generally to ensure that the work is performed in accordance with Comox Drainage Infrastructure Protection Bylaw 1824, and I acknowledge my duties to the Town in that regard.

Name of Designated Environmental Monitor: ____________________________________________

Professional Designation: ______________________________________

Telephone Contact Number: ___________________________________

Email address: ______________________________________________

Signature: __________________________________________________

PART 3(b): DESIGNATED ENVIRONMENTAL MONITOR’S CERTIFICATION

The above-named and undersigned Environmental Monitor, being an engineer, registered professional biologist, geoscientist, applied science technologist or applied science technician who is registered and in good standing in British Columbia, is trained in designing and implementing ESC plans, is responsible for the preparation of the ESC plan under the Bylaw and inspecting, monitoring and reporting on the ESC facilities constructed and installed pursuant to the ESC plan under the Bylaw, certifies that:


Town of Comox Comox Drainage Infrastructure Protection Bylaw 1824 Page 23 1. The Erosion and Sediment Control Plan to which this certification is attached in my opinion complies in all

respects with Comox Drainage Infrastructure Protection Bylaw 1824 including Schedule A; and 2. I have been engaged by the above signed owner of the land described above to monitor the work that is the

subject of the Erosion and Sediment Control Plan, including without limitation to monitor and direct the maintenance of ESC facilities and modification or by halting all work as may be required to ensure compliance with the ESC Plan and the Bylaw; to modify the Plan as required and secure the Town’s approval of any such modifications; to notify the Municipal Engineer of any onsite or off-site deficiencies or infractions of the Bylaw that have not been resolved in 24 hours; to provide certifications to the Town preceding and following the completion of the work that the work has been performed in accordance with the Plan; and generally to ensure that the work is performed in accordance with Comox Drainage Infrastructure Protection Bylaw 1824, and I acknowledge my duties to the Town in that regard.

Name of Designated Environmental Monitor: ____________________________________________

Professional Designation: ______________________________________

Telephone Contact Number: ___________________________________

Email address: ______________________________________________

Signature: __________________________________________________

PART 4: PRE-CONSTRUCTION CERTIFICATION OF DESIGNATED ENVIRONMENTAL MONITOR

The undersigned certifies that all pre-construction erosion and sediment control facilities and measures identified in the Erosion and Sediment Control Plan to which this certification is attached have been installed and are operational. I acknowledge that the Town will be relying on this certification in issuing a building permit, tree cutting permit or subdivision approval.

Name of Designated Environmental Monitor: _________________________________________________

Signature: _______________________________________________________

PART 5: POST-CONSTRUCTION CERTIFICATION OF DESIGNATED ENVIRONMENTAL MONITOR

The undersigned certifies that the Erosion and Sediment Control Plan to which this certification is attached has been implemented, that all temporary erosion and sediment control facilities have been decommissioned, that all waste materials have been properly disposed of, and that all exposed soil areas have been stabilized and revegetated including / excluding the maintenance of planting and revegetated areas for a minimum 1 year period, all in accordance with Comox Drainage Infrastructure Protection Bylaw 1824. I acknowledge that the Town will be relying on this certification in determining compliance with the bylaw.

Name of Designated Environmental Monitor: _________________________________________________

Signature: ________________________________________________________



TOWN OF COMOX Drainage Infrastructure Protection Bylaw 1824

SCHEDULE C

Recommended Phased Scheduling for Construction Works (to be initialed by the Designated Professional Engineer)

Initial Construction Activity Scheduling Sequence Construction Access Construction entrance,

construction routes, equipment parking and individual lot access areas.

First land-disturbing activity. Stabilize bare areas immediately with gravel pads, gravel staging area, street sweeping, and temporary silt fencing or appropriate ground cover as land disturbances take place.

Sediment Traps and Barriers Sediment traps, silt fences, and

check dams and inlet and outlet protection.

Install principal erosion source controls and sediment traps after construction site is accessed. Install additional temporary traps as needed during grading.

Runoff Control Diversions, perimeter ditches or

dykes, water bars, outlet protection.

Install key ESC facilities and sediment basins after principal sediment traps and before extensive lot site grading.

Runoff Conveyance Stabilize stream-banks (if

applicable), setback areas, tree protection, channels, ditches, inlet and outlet protection, temporary slope drains.

If necessary, stabilize stream-banks and setback areas to protect against construction activities. Install additional principal runoff conveyance systems with runoff control measures if necessary. Install remainder of system after grading.

Land Clearing and Grading Site preparation - cutting, filling

and grading, sediment traps, barriers, diversions, drains, surface roughening.

Begin major clearing and grading after principal sediment and runoff control measures are installed. Clear borrow and disposal areas only as needed. Install additional temporary protection measures as grading progresses. Maintain respect for riparian setback areas, environmentally sensitive areas and ESC facilities.


Town of Comox Comox Drainage Infrastructure Protection Bylaw 1824 Page 25 Initial Construction Activity Scheduling Sequence ______ Surface Stabilization Temporary and permanent

seeding, mulching, tarping (poly), sodding, rip rap.

Apply temporary or permanent stabilization measures immediately on all disturbed areas (exposed soils) when cutting / filling is delayed or completed within time limits.

______ Building Construction Buildings, utilities, paving. Install any additional necessary erosion and sedimentation

control practices as work takes place. Maintain all sediment control facilities daily or after each rain event.

______ Final Stabilization Top-soiling, permanent seeding,

riprap, landscape boulevard, restoration, or landscaping requirements.

Last construction phase. Stabilize all disturbed areas except for areas of active construction. Remove and stabilize all temporary control measures. Complete all lot surface treatment and landscaping requirements.


U:\Dev App\2020\OCP RZ\RZ 20-4 Urban Agriculture\Report

TOWN OF COMOX STAFF REPORT Meeting Date: October 6, 2021

TO: Mayor and Council FILE: RZ 20-4 / 6520-20/02

FROM: Marvin Kamenz, Director of Development Services Elliot Turnbull, Planner I


SUBJECT: REZONING APPLICATION RZ 20-4 URBAN AGRICULTURE

Prepared by:

Elliot Turnbull, Planner I

Supervisor:

Marvin Kamenz, Director of Devel. Services

Corporate Officer Approved:

Shelly Russwurm, CO

Report Approved:

Jordan Wall, CAO

RECOMMENDATION FROM THE CHIEF ADMINISTRATIVE OFFICER:

1. That Comox Zoning Amendment Bylaw 1987 with a minimum parcel size of 1,500 m2 be given First and Second Reading (Attachment 1);

2. That a Public Hearing in respect of Comox Zoning Amendment Bylaw 1987 be scheduled for November 3rd, 2021 6:00 pm at d’Esterre House 1801 Beaufort Avenue and via Zoom conferencing, and the Town publish the requisite notices as required by the Local Government Act;

3. That Comox Sign Amendment Bylaw 1988 be given First, Second, and Third Reading (Attachment 6); and,

4. That Comox Building Amendment Bylaw 1989 be given First, Second, and Third Reading (Attachment 7).

#1 ALTERNATIVE TO THE RECOMMENDATION (permit hens on parcels >= 650 m2) 1. That Comox Zoning Amendment Bylaw 1987 with a minimum parcel size of 1,500 m2 be

given First Reading; and 2. That a Bylaw Amendment be brought forward for Council consideration to reduce the

minimum parcel size to 650 m2 and to permit a maximum of four hens for parcels greater than or equal to 650 m2 and less than 1,500 m2 with six hens being permitted for parcels greater than or equal to 1,500 m2.

#2 ALTERNATIVE TO THE RECOMMENDATION (permit hens on parcels >= 1000 m2) 1. That Comox Zoning Amendment Bylaw 1987 with a minimum parcel size of 1,500 m2 be

given First Reading; and 2. That a Bylaw Amendment be brought forward for Council consideration to reduce the

minimum parcel size to 1000 m2 and to permit a maximum of four hens for parcels greater than or equal to 1000 m2 and less than 1500 m2 with six hens being permitted for parcels greater than or equal to 1,500 m2.

#3 ALTERNATIVE TO THE RECOMMENDATION (permit hens on parcels >= 2000 m2) 1. That Comox Zoning Amendment Bylaw 1987 with a minimum parcel size of 1500 m2 be

given First Reading; and


Staff Report to Council Page 2


2. That a Bylaw Amendment be brought forward for Council consideration to increase the minimum parcel size to 2000 m2.

PROPOSAL The proposal is to amend Zoning Bylaw 1850 to permit the raising of hens and urban farm stands on certain residential properties within the Town. STRATEGIC PLAN LINKAGE This report addresses the following task identified in the Strategic Plan for Planning Services: Urban Food Production. BACKGROUND An online survey to gather feedback on resident’s views on three main components of Urban Agriculture was conducted between May 18th, 2021, and June 7th, 2021. The results of that survey were summarized in the Planning Report on RZ 20-4 at the September 8th, 2021 Regular Council Meeting. At that meeting, Council adopted the following motions:

That the Town of Comox prepare for Council’s consideration the necessary bylaw amendments to permit farmstands based on the survey results summarized in the September 8, 2021 Planning Report on RZ 20‐4 and the urban agriculture bylaws adopted by the City of Courtenay. That the Town of Comox prepare for Council’s consideration the necessary bylaw amendments to permit raising of chickens on larger lots based on the survey results summarized in the September 8, 2021 Planning Report on RZ 20‐4 and the urban agriculture bylaws adopted by the City of Courtenay.

Between 2009 and 2021, 5 complaints were received by the Town regarding chickens. The complaints were regarding small numbers of chickens on five separate properties due to noise, odours, and chicken coops being too close to a property line. Three of these five complaints were resolved by enforcement of bylaws. In addition, 7 inquiries were received asking if chickens were permitted or not. OCP IMPLICATIONS Agriculture and Aquaculture Policy 2.1.9.3(f): “The Town will encourage urban agriculture including the development of backyard gardens as an accessory use on land zoned for residential use, community gardens and orchards as an accessory use on land zoned for multi-family housing including social housing and on municipal open space, where appropriate.” Residential Objective 2.1.1.2(2): “To maintain attractive and safe residential areas throughout the Town” ZONING IMPLICATIONS Zoning regulations to mitigate the impacts on adjacent parcels include minimum parcel size, maximum areas for produce stands, and minimum setbacks from property lines. Zoning does not provide any regulatory powers in regard to how the activity is operated.




Should raising hens or urban farm stands be a permitted use on specific properties, and certain properties establish this use, the use would be protected under section 528 (Non-Conforming Use) of the Local Government Act. This means that if the Town enacted new bylaws to repeal the permission for hens or produce stands, any existing use of land or a building for those purposes would be allowed to continue as a legal non-conforming use1. Raising Hens Currently, the raising of livestock such as hens is only permitted on Agricultural zoned land. Draft Comox Zoning Amendment Bylaw 1987 (Attachment 1) would permit raising hens on parcels zoned for one single-family dwelling on a parcel with restrictions to aid in addressing potential nuisance issues as identified in the survey. The intensity of a use on a lot, and the size of the lot, are two main components that may contribute to nuisance issues. As such, Draft Bylaw 1987 would limit the maximum number of hens permitted on a parcel to six (in line with the City of Courtenay) and permit the raising of hens only on parcels greater than or equal to 1500 m2 – see map below.

1 Unless:

- the use is discontinued for a period of six months (subject to normal seasonal and agricultural practices) or - More than 75% of the value of the building or structure above its foundation is damaged or destroyed




Should Council wish to adjust the parcel size higher or lower, maps showing single-family zoned parcels with different parcel area options are shown in:

- Attachment 2: Parcel Area greater than or equal to 650 m2 (includes all R1.1 zoned parcels, and some of the larger R1.2, R3.2, R3.4, R3.7, and R4.1 zoned parcels).

- Attachment 3: Lot sizes greater than or equal to 1000 m2 (includes larger R1.1 zoned parcels concentrated in specific areas with a several larger R1.1 zoned parcels within more dense neighbourhoods).

- Attachment 4: Lot sizes greater than or equal to 2,000 m2 (only includes larger R1.1 zoned parcels concentrated in specific neighbourhoods and the large lot zones).

A new definition for Urban Hen Keeping is proposed to be added to the Zoning Bylaw which includes the restriction on lot size and number of hens permitted. The definition is proposed to be added as a permitted use only to zones with a minimum parcel area of 650 m2 given that the small lot zones (e.g. R3.2, R4.1) would be excluded based on the absence of larger parcels in these zones. Listing a use as permitted and then restricting the use such that it is impossible in the zone would cause confusion and frustration among residents of that zone. Property owners




in a zone with Urban Hen Keeping as a permitted use would need to confirm their lot size is large enough to accommodate chickens. The definition for Urban Hen Keeping will also limit the use to single-family dwelling rear yards. In addition to restricting hens to larger parcels only, at least one chicken coop would be required in accordance with the following:

− Gross floor area of chicken coop shall not exceed a maximum of 5.0 square metres2; − Height shall not exceed 2.5 metres; − Located entirely in a rear yard; − Shall not be located within 3.5 metres of a rear lot line or interior side lot line, and 4.0

metres of an exterior lot line; − Shall not be located within 1.0 metres of a principal building or a coach house; and, − Notwithstanding the above, chicken coops and attached runs shall be considered an

accessory building and subject to the accessory building regulations of the zone in which it is located.

While chicken runs are proposed to be limited to rear yards, no restrictions on their size or minimum setbacks are proposed.

Urban Produce Stands Potential neighbourhood impacts of a produce stand depend upon the intensity of the use (e.g. use as a business for livelihood vs. use as a hobby, range of products for sale) as well as size and location of produce stands and parking impacts. To address potential neighbourhood character and parking impacts, a definition of Urban Produce Stand is proposed to be added to the Zoning Bylaw which includes the following:

Urban Produce Stand A structure used for the retail sale of unprocessed plants for human consumption including herbs and fruit, or potted or cut flowers from urban produce production on the same parcel. Urban produce stands shall: (1) be located in a front yard or exterior side yard; (2) not be located closer than 1.0 metres to a front or side lot line; (3) be conducted only by members of a related or unrelated household occupying a single-

family dwelling, secondary suite or coach house on the parcel; (4) not exceed 3.0 m2 in area; (5) not exceed 2.5 metres in height; (6) not exceed one urban produce stand per parcel; and, (7) shall be permitted one sign in conformance with Town of Comox Sign Bylaw No. 1197,

1995.

The definition is drafted to be explicit about what products are permitted to be sold and does not include the sales of processed products such as jams, jellies, honey, or other similar products. These products generally involve components produced off-site and may represent a higher intensity of use (e.g. purchasing fruit for processing and sale at a profit). Consistent with the City of Courtenay, the sale of eggs would not be permitted in an Urban Produce Stand Given the limited time during the year that produce stands would be open and to encourage alternative forms of transportation (i.e. walking and biking), no additional on-site parking

2 5m2 would exceed the minimum recommendation of 0.3 m2 of indoor space per chicken




requirement is proposed. In addition, no prohibition from arterial or collector roads is proposed which may lead to increased bylaw enforcement demand in instances where street parking is not permitted (e.g. bike lanes). The urban produce stand use is proposed to be added as a permitted use in all single-family zoned properties regardless of lot size. SIGN BYLAW IMPLICATIONS An amendment to Town of Comox Sign Bylaw No. 1197, 1995 is also proposed to permit one non-illuminated fascia sign attached to an urban produce stand no larger than 0.18 m2. BUILDING BYLAW IMPLICATIONS An amendment to Comox Building Bylaw 1472 is also proposed to define chicken coops and not require a building permit for chicken coops that are 5 m2 or less in area. BUSINESS LICENSE BYLAW IMPLICATIONS The Business License Bylaw offers municipalities a way to regulate businesses and establish rules that businesses must follow to operate. Should Council wish to regulate how one or more components of urban agriculture are operated as a business, the Business License Bylaw could be amended to require specific business regulations for components of urban agriculture that are operated as a business. Business License Bylaw regulations can only be established if a use is being operated as a business (i.e. for gain or profit) as opposed to a hobby for personal use. For example, the raising of hens could not be regulated by a business license bylaw unless egg or meat sales were permitted. Urban produce stands could be regulated by a business license bylaw. An example of business license conditions on produce stands could include: limiting hours of operation or limiting seasons of operation. Should the Town decide to implement specific business license conditions for urban produce stands, all pre-existing stands would be required to adhere to the conditions. ANIMAL CONTROL BYLAW IMPLICATIONS Animal Control Bylaws offer a mechanism for municipalities to regulate the keeping of animals (including hens) and to define areas where they may be kept. This would allow the Town to regulate how hens are kept on a lot and offer the ability for Bylaw Officers to issue tickets or impound animals should they be kept in contravention of the Bylaw. An example of Animal Control Bylaw regulations on hens could include:

- Establishing a license system for hens; - Establish certain hours that hens must be kept inside a coop (e.g. sunset to sunrise); - Place limits on how much chicken manure may be stored on a lot and in which type of

container; - Require a minimum number of nesting boxes; - Require hen coops to be kept in good repair and sanitary condition free from obnoxious

odours, smells, and vermin; or, - Include instructions on how hen carcasses should be disposed of or how hens should be

euthanized.




The Town currently does not have an Animal Control Bylaw other than Comox Dog Licence and Pound Bylaw 1999. NUISANCE BYLAW IMPLICATIONS Nuisance Bylaws allow for municipalities to regulate:

- nuisances - noise, vibration, odour, dust, illumination or any other matter that is liable to disturb the

quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public; - the emission of smoke, dust, gas, sparks, ash, soot, cinders, fumes or other effluvia that

is liable to foul or contaminate the atmosphere; - refuse, garbage or other material that is noxious, offensive or unwholesome; - the use of waste disposal and recycling services; - the accumulation of water on property; - unsanitary conditions on property; - drains, cesspools, septic tanks and outhouses; - trees, weeds or other growths that council considers should be removed, cut down or

trimmed; - the carrying on of a noxious or offensive business activity; - graffiti and unsightly conditions on property; - indecency and profane, blasphemous or grossly insulting language.

The Town’s ability to enforce its Public Nuisance and Property Maintenance Bylaw may be undermined if certain noises and nuisances are an inherent and unavoidable aspect of a land use that is expressly permitted by the Town’s Zoning Bylaw. In general, even where courts have acknowledged a right to operate potentially nuisance-causing uses, owners and operators have still been required to take all reasonable steps to avoid breaching applicable nuisance regulations. The Town’s Nuisance Bylaw prohibits:

- noxious, offensive, or unwholesome material to accumulate on such real property or in any buildings or structures located on such real property (Section 3(a));

- unsanitary conditions to exist on such real property or in any buildings or structures located on such real property (Section 3(c)); and

- unsightly conditions to exist on such real property or in any buildings or structures located on such real property (Section 3(f)).

GOVERNANCE CONSIDERATIONS Attachment 5 lists the processing steps for Council’s consideration of the Rezoning application. MK/ET Attachments:

1. Comox Zoning Amendment Bylaw 1987 2. Map showing single-family zoned family properties greater than or equal to 750 m2 3. Map showing single-family zoned family properties greater than or equal to 1000 m2 4. Map showing single-family zoned family properties greater than or equal to 2000 m2 5. Processing procedures 6. Comox Sign Amendment Bylaw 1988 7. Comox Building Amendment Bylaw 1989




ATTACHMENT 1

COMOX ZONING AMENDMENT BYLAW 1987


S:\00 Council Agenda Development\02 Reports For Council Agenda- Final Version\2021-10-06 Regular Council Meeting\RZ 20-4 Urban Agriculture\Attachments\DRAFT Comox Zoning Amendment Bylaw 1987.docx

TOWN OF COMOX

BYLAW 1987

A BYLAW TO AMEND COMOX ZONING BYLAW 1850

WHEREAS the Council of the Town of Comox has the authority under the provisions of the Local Government Act to amend the Zoning Bylaw; NOW THEREFORE the Council of the Town of Comox, in open meeting assembled, enacts as follows: 1. Title

This bylaw may be cited for all purposes as “Comox Zoning Amendment Bylaw 1987”. 2. Amendments

1) Comox Zoning Bylaw 1850 is hereby amended as follows:

a) Section 3.2 Definitions is amended by

i) adding the following definitions in alphabetical order:

Urban Hen Keeping The incidental and subordinate use of a parcel, structure, or part thereof for the rearing of hens for egg production for the consumption of members of a related or unrelated household occupying a single-family dwelling, secondary suite or coach house on the parcel. Urban hen keeping shall:

(1) not be permitted on a parcel where the parcel area is less than 1500 m2; (2) not be permitted on a parcel on which a two-family dwelling or campground is

located; (3) be located within a single-family dwelling rear yard; (4) not exceed six hens on a parcel; (5) be conducted only by members of a related or unrelated household occupying a

single-family dwelling, secondary suite, or coach house on the parcel; (6) include the provision of one or more chicken coops; and, (7) not be permitted on a parcel on which more than one single-family dwelling is

located.

Chicken Coop A building or part thereof used for the rearing of hens. Urban Produce Production The incidental and subordinate use of a parcel, structure, or part thereof for the growing and harvesting of plants for human consumption including herbs and fruit, or flowers and their retail sale in a produce stand located on the same parcel as the plants or flowers are grown and harvested. A building or part thereof used for urban produce production shall be located in the rear yard of a single-family dwelling Urban produce production shall:




(1) only be permitted on a parcel provided a single-family dwelling is also located on the parcel;

(2) not be permitted on a parcel on which a two-family dwelling or campground is located; (3) be conducted only by members of a related or unrelated household occupying a single-

family dwelling, secondary suite or coach house on the parcel; and, (4) not be permitted on a parcel on which more than one single-family dwelling is located.

Urban Produce Stand A structure used for the retail sale of unprocessed plants for human consumption including herbs and fruit, or potted or cut flowers from urban produce production on the same parcel. Urban produce stands shall:

(1) be located in a front yard or exterior side yard; (2) not be located closer than 1.0 metres to a front or side lot line; (3) be conducted only by members of a related or unrelated household occupying a

single-family dwelling, secondary suite or coach house on the parcel; (4) not exceed 3.0 m2 in area; (5) not exceed 2.5 metres in height; (6) not exceed one urban produce stand per parcel; and, (7) shall be permitted one sign in conformance with Town of Comox Sign Bylaw No.

1197, 1995.

ii) replacing the definition of Front Yard with the following text:

Front Yard The area of land extending across the full width of a parcel, between a front lot line and the adjoining walls or supporting members of a principal building other than an urban produce stand, or where no principal building exists, a principal use. (See Figure 3-2.)

iii) replacing the definition of Accessory Building with the following text:

Accessory Building A building utilized for an accessory use and subordinate in area and extent to the principal use or coach house served, or a chicken coop.

iv) replacing the definition of Principal Use with the following text:

Principal Use A permitted use for which a parcel is used; does not include an accessory use, coach house, or a chicken coop.

b) Schedule “A” is hereby amended by:

i) adding Urban Hen Keeping to the following sections in alphabetical order: 101.1, 103.1, 104.1, 105.1, 106.1, 109.1, 111.1, 112.1, 805.1, 809.1, 815.1, 818.1,

ii) adding Urban Hen Keeping to section 813.1 in alphabetical order under the heading “In Area A of the CD13 zone, the following uses are permitted and all other uses are prohibited.”

iii) adding Urban Produce Stand and Urban Produce Production to the following sections in alphabetical order: 101.1, 102.1, 103.1, 104.1, 105.1, 106.1, 108.1, 109.1, 110.1, 111.1, 112.1, 113.1, 114.1, 115.1, 116.1, 801.0, 803.1, 805.1, 809.1, 813.1, 814.1, 815.1, 817.1, 818.1, 822.1, 823.1, and 826.1.




iv) adding to the beginning of section 101.10(1), 101.10(6), 103.10(1), 103.10(6), 104.10(1), 104.10(6), 105.10(1), 105.10(5), 106.10(1), 106.10(5), 109.10(1), 109.10(6), 111.10(1), 112.10(1), 805.10(1), 805.10(6), 809.10(1), 813.10(1), 813.10(3), 813.10(6), 815.10(2)(a), 815.10(2)(f), 818.10(1), 818.10(5) the following text:

other than chicken coops,

v) adding as section 101.10(7), 103.10(7), 104.10(7), 105.10(6), 106.10(6), 109.10(7), 111.10(5), 112.10(6), 805.10(7), 809.10(6), 813.10(7), 815.10(2)(g), 818.10(6) the following text:

chicken coops shall:

(a) not exceed 2.5 metres in height;

(b) not exceed 5.0 m2 in gross floor area;

(c) not be located closer than 1.0 metre to a principal building or a coach house;

(d) be located in a rear yard; and,

(e) be excluded from required rear and side setbacks provided that no chicken coop is located closer than 3.5 metres to a rear or interior side lot line and 4.0 metres to a exterior side lot line.

2) Comox Zoning Bylaw 1850 is hereby further amended by making such consequential changes as are required to reflect the foregoing amendments, including without limitation changes in the numbering and order of the sections of this bylaw.

3. Adoption

(1) READ A FIRST AND SECOND time this th day of, 2021 (2) ADVERTISED A FIRST time this day of, 2021 (3) ADVERTISED A SECOND time this day of, 2021 (4) PUBLIC HEARING HELD this day of , 2021 (5) READ A THIRD time this day of, 2021 (6) ADOPTED this day of, 2021

Mayor

Corporate Officer




ATTACHMENT 2

MAP SHOWING SINGLE-FAMILY ZONED FAMILY PROPERTIES GREATER THAN OR EQUAL TO 650 M2

Note: Adoption of this option requires addition of the Urban Hen Keeping permitted use to the R1.2, R3.2, R3.4, R3.7, and R4.1 zones as some lots within those typically smaller lot zones meet the minimum lot size.




ATTACHMENT 3





ATTACHMENT 4





ATTACHMENT 5 PROCESSING PROCEDURES

1. First and Second Reading of proposed Zoning Amendment Bylaw.

2. First, Second, and Third Reading of proposed Sign Amendment Bylaw and Building Amendment Bylaw;

3. Public notification of Public Hearing on proposed Zoning Amendment Bylaw;

4. Public Hearing;

5. Third Reading of proposed Zoning Amendment Bylaw; and

6. Adoption of proposed Zoning, Sign, and Building Amendment Bylaw.




ATTACHMENT 6

COMOX SIGN AMENDMENT BYLAW 1988


U:\Dev App\2020\OCP RZ\RZ 20-4 Urban Agriculture\Bylaw

TOWN OF COMOX

BYLAW 1988

A BYLAW TO AMEND THE TOWN OF COMOX SIGN BYLAW NO. 1197, 1995

The Council of the Town of Comox, in open meeting assembled, enacts as follows: 2. Title

This Bylaw may be cited as the “Comox Sign Amendment Bylaw 1988”.

3. Amendment

1) The Town of Comox Sign Bylaw No. 1197, 1995 is hereby amended by:

A. Adding to Section 2 Definitions the following text in alphabetical order:

“Urban Produce Production” The incidental and subordinate use of a parcel, building, structure, or part thereof for the growing and harvesting of plants for human consumption including herbs and fruit, or flowers and their retail sale in a produce stand located on the same parcel as the plants or flowers are grown and harvested.

“Urban Produce Stand” A structure or building used for the retail sale of unprocessed plants for human consumption including herbs and fruit, or potted or cut flowers from urban produce production on the same parcel.

B. Adding as section 11(d) the following text: “Urban Produce Stand Sign” and renumbering accordingly.

C. Schedule C is hereby amended as follows:

(a) Replace the section Home Occupation Sign with the following text: Home Occupation and Urban Produce Stand Signs For areas that are designated residential on the Official Community Plan only facia signs indicating a home occupation or a farm stand shall be permitted for residential properties (see Facia Signs - Residential Section).

(b) Under the heading Facia Signs (i) replacing section 2(a) with the following text:

a) Facia signs for home occupations are permitted limited to one sign per residence of a maximum size of 0.18 square metres giving


Town of Comox Bylaw 1988 Page 2


the name of the occupant, profession and business hours where such business or profession is carried on within the residence as a home occupation.

(ii) adding as section 2(b) the following text:

b) Facia signs for urban produce stands are permitted in a residential area limited to one non-illuminated sign per urban produce stand of a maximum size of 0.18 square metres and situated wholly upon the urban farm stand to which it refers.

2) The Town of Comox Sign Bylaw No. 1197, 2011 is further amended by making such consequential changes as are required to reflect the foregoing amendments, including without limitation changes in the numbering and order of the sections of this bylaw.

4. Adoption

READ A FIRST, SECOND AND THIRD time this day of , 2021

ADOPTED this day of , 2021

MAYOR CORPORATE OFFICER




ATTACHMENT 7

COMOX BUILDING AMENDMENT BYLAW 1989



TOWN OF COMOX

BYLAW 1989

A BYLAW TO AMEND TOWN OF COMOX BUILDING BYLAW 1472 WHEREAS Council has adopted a Building Bylaw and has the authority under the provisions of the Community Charter to amend the Building Bylaw; NOW THEREFORE the Council of the Town of Comox, in open meeting assembled, enacts as follows: 1. Title

This Bylaw may be cited for all purposes as “Comox Building Amendment Bylaw 1989”.

2. Amendments

“Comox Building Bylaw 1472” is amended as follows:

(1) By inserting the following new definition in section 2(1) in the appropriate alphabetical order:

“Chicken Coop” means a building or part thereof used for the rearing of hens.

(2) By inserting as sub-section 2 in Section 21 the following: “(2) Notwithstanding section 21(1), a building permit shall not be required for a chicken coop 5 square metres or less in building area.

(3) Comox Building Bylaw 1472 is hereby further amended by making such consequential changes as are required to reflect the foregoing amendments, including without limitation changes in the numbering and order of the sections of this bylaw.


Town of Comox Comox Building Amendment Bylaw 1989 Page 2


3. Adoption

(1) READ A FIRST and SECOND time this day of , 2021

(2) READ A THIRD time this day of , 2021

(3) ADOPTED this __day of ____, 2021

______________________ Mayor

______________________ Corporate Officer


TOWN OF COMOX STAFF REPORT

REGULAR COUNCIL MEETING Meeting Date: September 1, 2021

TO: Mayor and Council FILE: 1850-25 / 2022

FROM: Clive Freundlich, Director of Finance DATE: October 1, 2021

SUBJECT: 2021 Permissive Tax Exemption Bylaw – establishing 2022 exemptions

Prepared by:

Clive Freundlich

Supervisor:

Jordan Wall

Financial Approved:

Clive Freundlich, Fin. Director

Report Approved:

Jordan Wall, CAO

RECOMMENDATION(S) FROM THE CHIEF ADMINISTRATIVE OFFICER: That Bylaw No. 1990, A Bylaw to Authorize Permissive Tax Exemptions for 2022 be given First, Second and Third Readings, subject to any change from the Discussions below. DISCUSSION There are two properties on the 2022 Property Tax Exemption list that warrant attention:

1. Dawn to Dawn Action For Homelessness purchased a property on Elm Street for Transitional Housing for individuals at risk of homelessness. Typically, the Province would grant an affordable housing project by a non-profit a Statutory Exemptions. The Town has followed up, granting a permissive exemption for remaining land on the same property. At this time, the Provincial listing of Statutorily Exempted properties does not list this property. However, that could change when the BC Assessment publishes the Completed Roll later in December 2021. It is recommended that this property be granted a full exemption in 2022 and be reviewed again for the 2023 tax year. Appendix 1: Application for 2022 permissive tax exemption.

2. Providence Living Society – 2137 Comox Ave. The BC Assessment Authority has notified the Town that Providence Living Society (formerly St. Joseph's Hospital) will no longer receive the Provincial Statutory Exemption starting in 2022. Providence Living Society is a Long-Term Care Facility, and no longer comes under the Hospital Act. The Ministry of Health Services (Island Health) provides substantial contributions and grants to long-term care facilities to maintain operations and prescribe the rates paid by residents. Monthly long-term care rates are 80% of the residents' after-tax income; minimum and maximum rates apply. More information on Resident rates can be found by googling "Ministry of Health BC long term care." Table 'A' on the next page lists Long-term Care Facilities on Vancouver Island run by non-profits receiving Municipal Permissive Tax Exemptions in 2021 and those that did not.


Staff Report to Mayor and Council – 2021 Permissive Tax Exemption Bylaw – establishing 2022 exemptions Page 2

Table A

BC Assessment Authority lists forty-two (42) long-term care facilities on Vancouver Island (excluding Island Health run facilities). Most of the 42 facilities are commercial businesses that are not eligible for municipal permissive tax exemption. Only thirteen (13) are non-profits, shown in Table A above, with their permissive tax exemption status. Appendix 2: Application and 2021 Financial Statements excerpts. The estimated value to Providence Living Society of granting a permissive tax exemption in 2022 is $175,000 (all taxing authorities included). The Town's share is $78,000 (2021: $70,000).

3. Appendix 3: Permissive Tax Exemptions for 2022

BACKGROUND Council can grant permissive tax exemptions under Section 224 of the Community Charter, which we do by Bylaw annually. Many of our permissive exemptions (like the land around churches and the hospital) go hand in hand with statutory exemptions (that already exempt the churches and hospitals and the land immediately underneath them). Council may provide other exemptions for property owned by non-profit organizations or municipal property occupied by them that together benefits the general public. Occupiers of a crown or municipal property are assessed as if they owned the property freehold. Whether the exemptions are new or unchanged, we need to remember that there is a cost to granting them. The tax we exempt on the properties listed in the Bylaw is made up by all the other Comox taxpayers paying roughly 2.4% more than they otherwise would have paid in tax had no exemptions been granted. The Town must submit its approved Bylaw to BC Assessment Authority no later than October 31, 2021, to be effective in 2022.


Policy '¥.; 0�5 Property Tax Exemption Polit

..lpa e'3 EIVEI: a' ..Y� -�

' �

APPLICATION FOR PERMISSIVE TAX EXEMPTION

TOWN OF COMOX

1809 Beaufort Avenue Ph: (250) 339-2202

Cornox BC V9M 1R9 Fx: (250) 339-7110

MAY 31 2021 -- � -�� <.. ._ l��c:.;o�r--'.I'

Property Address:

Legal Description:

Folio (roll) #: � t7 5 cJ � s

c. '

PID #: o e1 '3 -Staff notes on property (please leave this area blank)

Exemption Requested: (All of property, or part by%, $ Value, or area)

/i-ti Or (1,i,1/JC/1- �'/ Organization's Goals: Describe your organization's goals and how this property is used to meet those goals.

/? Av ✓,•./ c ,/-r-- .:.. .,../ f c 7, ,uv c./ A '1...,c...f' ,,-:� �/t /..rtr .//,h du ... / J

(A/','-' c,, /4, <!' ..? � ?<,., e &<.-7 /4 1 )·;< CJ� h v,-?? e/ef J ;,Ve.I/,

Benefit to Comox: Describe how the principal uses of this property benefits the general public in Comox, and/or special groups of the public. C � ,-;:-,- �✓ ---- I /1 ,/ A C)• �,. C' � t(., '// �/CC.. /1-,,..,r· /JLc,l<Yl-/'/ru,..J.,.. l"'.ri...,,;?c.,,..,/ . ·- ....,._q 0

/2 � ..,,,_ r / A" cf- ,,,,-;?r ,.,,1./ e / w .t;, 'c...� h ..,...,__ 1' e..J /7 c '-' /? t"c &>,,_ c. {...,,-r.., I ( /2, t,,A,, / /4 Y,

Public Participation: Describe the approximate numbers of participants using this property, and the fees or charges to them for doing so.

4 A...-n --1/y ()r ,;;4 'I./(), 0vl-A.. �n t! ,t t, ,;;,-, ✓ ·s

'-';(Jo..y vv4 .. ryuc.A c..�v ,r rl./4-(�/ ar7e� /le.fr. Volunteer Participation: Describe the approximate numbers of volunteers, and the hours they contribute annually to the

activities on this property. 0

0 (./4..-A.. V v f CA /1�-e. �/\-) o(,.j JvGJ'?- /---, �"'- C-<. c. r e,,v-1) ( €,//:c e.,.,.,,';r:

Third Party Use: Describe any significant third parties using this property, explaining who they are, any fees they are charged, and any conditions you impose upon their use of the property.

c... lie--z--r � ut...f' ,'f,

Commercial Activities: Please describe any commercial activities occurring on this property.

Use of Savings: How will your organization use the funds it saves if Council grants the requested exemption?

$ t; vt#cf / t-v, £( C<..1-.0 r ·L,.A -r'::.,_, /,,.,cv,J/;,/'�

A C/r..,(,..[ r>,r s., �""-- �-7" /4r•...._ c- /,-e_, >,Continued over ...

OF COMO)

y

APPENDIX 1


u

Policy CCL- 025 Property Tax Exemption Policy


TOWN OF COMOX


Comox BC V9M 1R9 Fx: (250) 339-7110

(a) Mandatory Attachments and Responses:

(b) Financial Statements: Have you attached Financial Statementsshowing the most recent two financial years, and do you agreethat they can be released to the public upon request?

Site Drawing: Have you attached a site drawing for your property?

Conditions Will your organization abide by the Town's Property Tax Exemption Policy,

and any conditions Council may set in granting an exemption on this property?

Other information: Provide any other relevant information you feel Council should consider.

Cu I.A. ,-v- cJ / , 'J � /l v v, '1,-<� /4-� r vV vi/1.,,IJ �'-"-"'- c 4.,..ic c..GI rS,

Page4

(Yes or No)

Ver.

;vu

Yes�

3?t /4�/21 Signature

Submit Application to:

Town of Comox Attn: Director of Finance 1809 Beaufort Avenue Comox, B.C. V9M 1R9

Deadline for applications is May 31 st of every year, with the exemption applicable to the next year's taxation.

Date


Dawn to Dawn Action on Homelessness Society

Financial statements - March 31, 2021

-----SU MMARV---

Statement of Income

INCOME

Rents collected

BC Housing

Donations

Other

EXPENSE

Clients:

Rent

Property costs

Telephone & Utilities

Other

Wages

Administration

NET INCOME (no COVID)

COVID19

Donations to Jan31

Not spent yet

Food purchases to January 31

Rent assistance to January 31

ASSETS

Cash in bank

Prepaid expenses

Accounts receivable

1 House - net of amortization

4 Condos - net of amortization

BUDGET2021

180,000

166,548

72,000

27,000

445,548

297000

24000

21000

12500

65000

25500

445,000

548

Balance Sheet

5 Containers - net of amortization

LIABILITIES

Regular payables

Deferred revenue

Gaming advances

House donation - net of amortization

Condo grants - net of amortization

Container grants - net of amortization

Property mortgages

CEBA Loan

EQUITY

MAR2021

257,058

170,159

181,375

72,638

681,230

322,028

69,406

22,288

40,519

69,446

26,102

549,789

131,441

32,595

(4,674)

27,921

18,456

9,465

MAR2021

416,545

26,485

77,279

475,200

587,360

73,041

1,655,910

29,611

70,306

25,200

254,360

93,581

764,295

30,000

1,267,353

388,557

1,655,910

Mar2020

208,778

166,548

116,468

23,345

515,139

305,984

35,984

24,819

18,156

65,481

25,347

475,771

39,368

850

850

850

Mar2020

277,643

16,927

45,355

454,142

43,818

837,885

18,960

38,015

7,442

186,142

64,246

265,963

580,768

257,117

837,885


Providence Living The Views at St. Joseph's

May 10, 2021

Mr. Clive Freundlich Director of Finance Town of Comox 1809 Beaufort Avenue Com ox, BC V9M 1 R9

Dear Mr. Freundlich:

RE: Application for Permissive Exemption from Taxation Providence Living Society

MAY 2 f 2fJ2l

Please find enclosed, on behalf of Providence Living, an application for consideration for Permissive Exemption from Taxation for 2021 for the Views at St. Joseph's 2137 Comox Avenue, Comox, British Columbia, Lot 1, Plan 17718, Sections 1 & 2, Comox Land District.

As a not-for-profit Long Term Care service provider providing care to 165 residents, we are challenged to provide high quality care within a conservative fiscal budget. A permissive tax exemption from the Town of Comox will help us maintain our high quality services. As you may be aware, we have leased some areas of our former Acute Care Building to various community not-for-profits and other service providers, like Inglis Tutorial, whose school children participate in intergenerational activities with our residents. A listing of our facility leaseholders is provided in Appendix 1 and a site drawing can be found in Appendix 2. Please note that we are remitting property taxes for Inglis Tutorial to the Town of Comox annually. Our leaseholders play an invaluable role to our residents with services that are aligned to support our frail elderly and our community as a whole.

This past year we have worked closely with the Town of Comox in the development of our new long Term Care Facility with the hope to start construction in the near future. Furthermore, as of April 2021, we are a non-profit organization regulated under the Community Care and Assisted Living Act as we are no longer designated as a Hospital under the Hospital Act. Please note that we have also had a legal name change from Providence Residential and Community Services Society to Providence .Living. Financial statements for the fiscal years 2019 and 2020 are also enclosed for your information.

If you require additional information, please do not hesitate to contact me at 778-431-0257. We look

forward to receiving notification following consideration of this request.

Sincerely yours,

Michael Aikins

Senior Operations Leader

The Views at St. Joseph's

Cc: Katja Waldman, Director of Finance and IT

Attachments

The Views at St. Joseph's

T: 778.431.0280

2137 Comox Avenue

Comox BC V9M 1P2

APPENDIX 2


Providence Living The Views at St. Joseph'$

Appendix 1

Third Party lases ArN Au.xii iary Society for Comnx Va Uey Hea Ith care. -NPO Old Hospita I - Rehab Lin it Th.rift Store CV Community Fou.ndatlon-NPO Old Hospita I -Cancer Care l/oit Office and Fundrai:sjn1 Division of Faml ly Practice -NPO Old Hospital.-Flrst Floor Office Inglis Profe,..iona I Tutoring Old H05pital -Cafett!ria Daycare and Education

l .nglis Professional Tutoring Old Hospinil-Psychiatry-add'ISpace Educ.atlon lnt:lis Professional TuttJ.ring: Old Hosoita I- Psydtiatry-add'I Space Education KomoxGrind ColfeeHut{owneclbyKomo,cGrind) Coffe.,Sales Island Health-laboratory OldHospltal-Lab L•bServices Island Health-Offic"5 38-Wini: 2nd and Third Floor Island Health-Offi.ce.s .33-Wing-Add'I space.2nd Floor lsla.nd Nursing Old Hospital. Fl.rst Flcor NIC Old Hospital - Fi.rst Floor PV Manage:ment Old Hospital,• First Flaor Rainl>owYouth Theatre,-NPO Old Hospital .00<,.rating Room Rotary-NPO Old Hcspital - Buement Total Tata I Facility Sq:u:are. fe-et (Leased, Vacant ilnd Used for Long Term Care:') LaasedSpace as a.pen:1>ntageofTotal FacilityHluilding)Spac1! P.ercentap: allorated to Long Term Ca.re

DlrectTaK-10 Townof·c..n-

Frudom Mobile Rooftop TelusMobili;ty

Rooftop Total

. ···---··--··-··-- ···-········ --·--- ------····--··------• Notes

. . -

i 1) Prope=rty Ta�s submitted by Provide.nee Living to Town of Com�x '. 2)PropertyTaxes remitted directly by company.,

The Views at St. Joseph' s

T: 778-431-0280

2137 Comox Avenue

Comox BC V9M 1P2

Offius Office.s P:rlvata Nursing Se-rvic.u £du-cation

Coaching Servicas Costume Storage, Book Storage

RooltopC..11 Tower RooltopCell Tower RooftopCeU Tower

lease&piryOne 31--Altg-21 30-No-.,,22

31-Aug-23 31-A�23 31,.P,ug-23 31,Mar-23

Undetermine,d

Undetermined

Undetermined

26-Aug-23 30-Apr-23 31-Aug-21 .31-Aug-21

Fiscal Z020/Z021-

leued5pace SqUMe

f<Jouge 4,145 2,000 1,250 3,400

68:ll

1000 150

2,436 8.8604,32.4

6,200 250

4,500 41,672

219,344

8116

Total Annual lease

Payments Notes s 9989.45 s 7,620.0:) s 4,512.50 s 47,602.00 s 7,533.60 s 10,960.00 s 1,800.00 s

$ s

s 19,544.00 s 86,&llO.OS s 4,650.00 s 4, 073.00 s 12,000.00 $ 217,1)84.63

s 12 000.00 2 s 11,820.41 2 s 9,18 6.00 s 33,006.41


Providence Living The Views at St. Joseph's

Appendix 2

NA .

153 ., .

14? ··. 243 :'

l !: : !t":.!:......t:tl.--�-

4Q " ' .

....

. .. · . rt.._.,, . < •• . o'lll' ... -

,_ ___ ..,> 0 ii. j 1Q .. 161 0 1-1-10-· -. ..... 2115 G.. . -- U:1,---......i. (t 112 113 i ..... 0 - .;i---➔

.. � 19.1:=i 1fji8 :E ,�

,, .. 1 ....

_Jl�:�

SUBJECT' PROP·ERTY

The Views at St. Joseph's T: 778-431-0280 2137 Comox Avenue

Comox BC V9M 1P2




TOWN OF COMOX


Comox BC V9M 1R9 Fx: (250) 339-7110

Applicant Organization: Providence Living Society

Address: 2137 Comox Avenue, Comox, BC, V9M1P2

Contact #1 (Michael Aikins, Senior Operations Leader)

Contact #2 (Katja Waldman, Director of Finance)

Property Address: 2137 Comox Avenue, Comox, BC, V9M1P2

Legal Description: Lot 1, Plan 11718, Section 1&2 Comox Land District

Folio (roll) #:1015 PID #:004-008-952 Staff notes on property (please leave this area blank)

Exemption Requested: (All of property, or part by%, $ Value, or area)

All of the property, except leased space as per the attached information.

Organization's Goals: Describe your organization's goals and how this property is used to meet those goals.

Page3

The Views at St. Josephs operates a Not-For-Profit long term care facility, providing senior's long term care services, respite

care, hospice care and an adult day program to meet the needs of the aging Comox Valley demographic.

Benefit to Com ox: Describe how the principal uses of this property benefits the general public in Comox, and/or special groups of the public.

The Views at St. Joseph's provides a 165-bed long term care home for the frail and elderly population as well as an Adult Day Program for six participants five days per week. The Views also provides a four bed Hospice for end-of-life care with support services for families. The Views is a significant employer in Comox and creates sustainable employment opportunities for residents of the Comox Valley. We recently opened 48 temporary long term care beds in the former acute care space. This enabled the Comox Valley Hospital to free up precious space at their site, while enabling 48 more families in the Comox valley to access long term care services. This was also supported through generous donation from the community.

Public Participation: Describe the approximate numbers of participants using this property, and the fees or charges to them for doing so.

165 long term care beds (2020/21) at $1,800/month Average 1400 respite care bed days (2020/21) at $39.61 Average 1200 hospice care bed days (2020/21) at $39.61

Volunteer Participation: Describe the approximate numbers of volunteers, and the hours they contribute annually to the activities on this property.

165 Volunteers provide approximately 11,000 hours per year including 24 community groups.

Third Party Use: Describe any significant third parties using this property, explaining who they are, any fees they are charged, and any conditions you impose upon their use of the property.

Our parking lots have been made available for many community events including Nautical Days, Filberg Festival and more. We grant access to the Red Cross emergency vehicles, and have provided space for many community training events and group programs such as St. John's Ambulance Cadet Frist Aid Competition, CYMC, RCMP training events, and more.

Please see attached a listino of our leaseholders.

Commercial Activities: Please describe any commercial activities occurring on this property.



Page4


Use of Savings: How will your organization use the funds it saves if Council grants the requested exemption?

As a non-profit, available resources are always maximized at the beds side. Any costs saved though a tax exemption would allow

us to invest in quality and safety programs for our residents.

Continued over ...


Policy CCL-025 Property Tax Exemption Policy


TOWN OF COMOX

1809 Beaufort Avenue Ph: (250) 339-2202 Comox BC V9M 1R9 Fx: (250) 339-7110

(a) Mandatory Attachments and Responses:

(b) Financial Statements: Have you attached Financial Statements

showing the most recent two financial years, and do you agree

that they can be released to the public upon request?

Site Drawing: Have you attached a site drawing for your property?

Page5

(Yes or No)

YES

YES

Conditions Will your organization abide by the Town's Property Tax Exemption Policy, YES

and any conditions Council may set in granting an exemption on this property?

Other information: Provide any other relevant infonnation you feel Council should consider.

On June 23, 2020 Providence Residential and Community Care Services Society changed its name to

Providence Living Society. Our society is renewing and enhancing senior's services with a vision to

create a Community of Care in Comox. Currently, Providence Living Society is working to develop a

new Long Term Care Facility based on the concept of a Dementia Village for the Comox Valley. In April

2021, the Minister of Health rescinded Providence Living's "Hospital Act" designation. As of April 2021,

Providence Living will be operating solely under the Community Care and Assisted Living Act.

Signature

Submit Application to:

Town of Comox

Attn: Director of Finance

1809 Beaufort Avenue

Comox, 8.C. V9M 1R9

Michael Alkins, Senior Operations Leader

Name & Position

Deadline for applications is May 31 st of every year, with the exemption applicable to the next year's taxation.

May 11, 2021

Date


1

PROVIDENCE LIVING SOCIETY Statement of Financial Position March 31, 2021, with comparative information for 2020 2021 2020 Financial assets Cash and cash equivalents $ 9,498,637 $ 9,170,912 Accounts receivable (note 2) 744,653 546,553 10,243,290 9,717,465 Financial liabilities Accounts payable (note 3) 524,468 380,251 Accrued wages and benefits 930,785 941,501 Accrued vacation 548,639 444,355 Deferred operating revenue 77,273 26,405 Retirement allowance (note 4) 765,748 779,670 Loan payable (note 6) 336,384 - Deferred capital contributions (note 7) 14,836,179 16,041,670 18,019,476 18,613,852 Net debt (7,776,186) (8,896,387) Non-financial assets Tangible capital assets (note 8) 8,218,856 9,131,989 Inventories held for use 46,272 21,450 Prepaid expenses 50,369 8,585 8,315,497 9,162,024 Accumulated surplus $ 539,311 $ 265,637 Contingencies and commitments (notes 8 and 9) Contractual rights (note 16) Subsequent event (note 19) The accompanying notes are an integral part of these financial statements. Approved on behalf of the board: _________________________ Director Director


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PROVIDENCE LIVING SOCIETY Statement of Operations and Accumulated Surplus Year ended March 31, 2021, with comparative information for 2020 Budget 2021 2020 (note 14) Revenue:

Island Health: Contributions and grants $ 12,393,045 $ 13,227,607 $ 10,716,836 Sales and recoveries 58,600 282,844 356,109

Recoveries from other government reporting entities - 362,562 - Sales and recoveries 740,099 680,093 608,167 Clients and residents 3,606,255 3,351,630 3,137,196 Contributions from Providence

Health Care Society - - 36,588 Donations (note 10(c)) 2,199,160 762,291 3,450,000 Deferred capital contributions

amortization (note 7) 2,067,062 1,764,020 1,929,067 Investment income 25,200 72,983 214,208

21,089,421 20,504,030 20,448,171 Expenses (note 11):

Corporate 2,950,136 1,605,116 782,738 Residential care 18,139,285 18,625,240 15,951,624 21,089,421 20,230,356 16,734,362

Annual surplus before the undernoted - 273,674 3,713,809 Loss on disposal of land (note 8) - - (3,039,609) Loss on restructuring (note 13) - - (418,103) Annual surplus - 273,674 256,097 Accumulated surplus, beginning of year 265,637 265,637 9,540 Accumulated surplus, end of year $ 265,637 $ 539,311 $ 265,637 The accompanying notes are an integral part of these financial statements.


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PROVIDENCE LIVING SOCIETY Notes to Financial Statements Year ended March 31, 2021

5

Providence Living Society (the “Society”) is incorporated under the Societies Act (British Columbia). The Society is a not-for-profit organization and is a registered charity under the Income Tax Act, and as such is exempt from income taxes. On June 23, 2020, the Society’s name was changed from Providence Residential and Community Care Services Society to Providence Living Society. The Society’s focus is on the provision of compassionate and exceptional residential and community care to the senior’s population. On April 1, 2019, the Bishop of Victoria, who operated the St. Joseph’s General Hospital (“SJGH”) in Comox Valley, primarily with funding provided from the Island Health pursuant to a Residential Care Services Agreement (the “Agreement”), assigned its rights and responsibilities under the Agreement, and transferred its lands, buildings, other assets, and employees and contractors to the Society, and the Society assumed all related authorized liabilities. See note 13. Until March 31, 2020, the Society was controlled by Providence Health Care Society (“PHC”), which is a strategic partner with Vancouver Coastal Health Authority (“VCHA”). Effective April 1, 2020, the Society has operated independently from PHC and continues its work as a distinct faith-based, non-profit organization providing compassionate residential and community care to the seniors’ population. In March 2020, the World Health Organization declared a global pandemic related to the disease known as COVID-19 for which the impacts are expected to be far reaching. The healthcare system in BC is continuing to respond to COVID 19 by creating capacity in the system to handle the crisis. The impacts to the Society during the year have been an increase in expenses and revenues related to COVID. The situation is anticipated to continue well into the fiscal 2022 year. Subsequent to year end on April 12, 2021, the Minister of Health rescinded the Society’s designation as a Hospital under the Hospital Act. See note 19.

1. Significant accounting policies:

(a) Basis of accounting:

The financial statements have been prepared by management in accordance with Section 23.1 of the Budget Transparency and Accountability Act of the Province of British Columbia supplemented by Regulations 257/2010 and 198/2011 issued by the Province of British Columbia Treasury Board, referred to as the financial reporting framework (the “framework”).

The Budget Transparency and Accountability Act requires that the financial statements be prepared in accordance with the set of standards and guidelines that comprise generally accepted accounting principles for senior governments in Canada, or if the Treasury Board makes a regulation, the set of standards and guidelines that comprise generally accepted accounting principles for senior governments in Canada as modified by the alternate standard or guideline or part thereof adopted in the regulation.

Regulation 257/2010 requires all tax-payer supported organizations in the Schools, Universities, Colleges and Hospitals sectors to follow Canadian public sector accounting standards (“PSAS”) issued by the Canadian Public Sector Accounting Board (“PSAB”) without any PSAS 4200 series elections available for government not-for-profit organizations.


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17

11. Statement of operations:

The following is a summary of expenses by object: 2021 2020 Compensation and benefits:

Employee wages $ 11,689,115 $ 9,291,268 Employee benefits (includes sick and severance) 3,402,744 2,910,721 Purchased services - personnel 147,374 146,041

Supplies: Drugs and medical gases 313,573 284,825 Medical 226,364 136,903 Printing, stationery and office 18,824 16,484 Food and dietary 479,468 408,059 Laundry and linen 111,290 105,445 Housekeeping 67,514 49,011 Other 43,655 36,242

Equipment and building services: Equipment 49,508 18,784 Building and ground 108,807 107,591 Plant operation (utilities) 505,144 480,209 Maintenance 78,639 65,885

Sundry: Professional fees 547,275 267,886 Travel 4,187 36,481 Communication and data processing 143,770 67,715 Other 179,072 56,002

Amortization of tangible capital assets 1,823,883 1,990,168 Contracted services 290,150 258,642 $ 20,230,356 $ 16,734,362

12. Economic dependence:

A substantial portion of the Society’s revenue is received from Island Health on behalf of services provided for the Provincial Government’s Ministry of Health Services in accordance with the Hospital Act. Accordingly, the Society is economically dependent on Island Health to provide the funding needed to maintain its operations. On February 10, 2020, the Society signed a Project Development Agreement with Island Health to amend its funding arrangement, at a future date yet to be determined, with new funding provisions related to the construction of a new facility at the Comox site.


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18

13. Restructuring of St. Joseph’s General Hospital:

On April 1, 2019, the Bishop of Victoria assigned its rights and responsibilities for St. Joseph’s General Hospital under the funding agreement with Island Health, and the assets, liabilities, contingent liabilities and contractual obligations of St. Joseph’s General Hospital, to the Society. The transfer was undertaken as part of the Society’s residential and community care redevelopment strategy. There was no cash consideration provided by the Society for the transfer, and no restructuring-related costs were incurred.

Following is a reconciliation of the assets and liabilities transferred from SJGH on April 1, 2019 that resulted in the restructuring loss of $418,103 on the statement of operations and accumulated surplus: Amounts transferred to the Society Assets transferred: Cash and cash equivalents $ 5,269,931 Accounts receivable 637,663 Inventory 21,450 Tangible capital assets 10,798,713 Prepaid expenses 8,856 Liabilities transferred: Accounts payable (319,837) Accrued wages and benefits (718,326) Accrued vacation (397,401) Deferred operating revenue (74,477) Retirement allowance (836,235) Deferred capital contributions (14,808,440) Restructuring loss $ (418,103)

The restructuring loss consists of: Accumulated operating deficit $ (84,776) Invested in capital assets 96,218 Unfunded deficit from operations (429,545) $ (418,103)


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15. Financial instruments (continued):

(c) Liquidity risk:

Liquidity risk is the risk that the Society will encounter difficulty in meeting obligations associated with financial liabilities. The Society enters into transactions to purchase goods and services and lease equipment, for which payments are required at various dates. Liquidity risk is measured by reviewing the Society’s future net cash flows for the possibility of a negative net cash flow. Differences do exist in the timing between the receipts of funding and the payment of various expenditures.

16. Contractual rights:

The Society holds contractual rights from agreements that have been entered into with various parties, including Island Health, that provide the Society with future payments.

The estimated contractual rights under these lease agreements, for the period ending March 31, are as follows: 2022 $ 222,766 2023 208,919 2024 60,426 2025 20,806 2026 20,500 Thereafter 237,985 $ 771,402 Island Health has agreed to reimburse the Society for transition costs related to the 2017 transition of acute care services from SJGH to Island Health incurred following the transfer date (October 1, 2017) that have not otherwise been paid for or reimbursed by the Island Health through other funding sources including through the cash reconciliation process. Non-recurring transition costs as well as ongoing maintenance of the vacant facilities and specified negotiated severance and benefits payments will be included in these subsequent costs as outlined in the Asset Transfer Agreement between SJGH and Island Health.


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21

17. Employee, contractor and director remuneration:

The BC Societies Act came into effect on November 28, 2016. The Act has a requirement for the disclosure in the financial statements of the remuneration of directors, employees and contractors for financial statements prepared after November 28, 2016. For employee and contractor remuneration the requirement is to disclose amounts paid to individuals whose remuneration was greater than $75,000

For the fiscal year ending March 31, 2021, the Society paid total remuneration of $1,555,490 to ten employees (2020 - $1,237,352 to ten employees) and $344,683 to four contractors (2020 – nil), each of whom received total annual remuneration of $75,000 or greater. No remuneration was paid to the Board Directors.

18. Comparative information:

Certain comparative information has been reclassified to conform to the presentation adopted in the current year.

19. Subsequent event:

Subsequent to year end on April 12, 2021, the Minister of Health rescinded the Society’s designation as a Hospital under the Hospital Act. Subsequent to April 12, 2021, the Society will operate solely under the Community Care and Assisted Living Act of the Province of British Columbia. Upon ceasing to be designated as a Hospital under the Hospital Act, the Society will no longer be part of the Province of British Columbia government reporting entity and thus will report under a new accounting framework, Canadian Accounting Standards for Not-for-Profit Organizations in Part III of the CPA Canada Handbook, for its March 31, 2022 year end.


freundlich

Highlight

Permissive Property Tax ExemptionsComox Town Council is considering granting

these permissive tax exemptions:

Expected Effect of Exemptions:

Description of Property Description of Exemption 2022 2023 2024

Comox Golf Course 76% of land $ 9,696 $ 9,890 $ 10,088

Filberg Lodge & Park All of land & buildings 81,727 83,361 85,028

Comox Archives & Museum All of land & building 2,671 2,724 2,778

Pearl Ellis Art Gallery All of land & building 2,669 2,722 2,776

Comox Lions Club All of land & building 6,088 6,210 6,334

Unity Comox Valley All of land & building 1,814 1,850 1,887

Tigger Too Day Care Half of land & building 2,064 2,105 2,147

Marine Rescue Station All of float building 252 257 262

Pt. Holmes Boat Launch All of land & structures 12,180 12,424 12,672

United Church All of land 8,787 8,963 9,142

Pentecostal Church All of land 5,505 5,615 5,727

Anglican Church All of land 4,545 4,636 4,729

Bay Community Church All of land 5,021 5,122 5,224

Presbyterian Church All of land 4,842 4,939 5,038

Providence Living Society All of land & building 174,802 178,298 181,864

d'Esterre Seniors Centre All of land & building 21,231 21,656 22,089

Comox Legion All of land & building 15,707 16,021 16,342

Nature Trust of BC All of land 11,916 12,154 12,398

888 (Komox) RCAF Wing Class 8 land & building 3,561 3,632 3,705

Affordable Housing 1582 Balmoral All of land & building 12,489 12,739 12,994

Tennis Clubhouse All of land & building 1,012 1,033 1,054

Dawn to Dawn All of land & building 2,539 2,590 2,642 Estimated total taxes exempted $ 391,118 $ 398,941 $ 406,920

Estimated Town share exempted 201,699$ 205,732$ 209,845$

APPENDIX 3


TOWN OF COMOX

BYLAW NO. 1990

A BYLAW TO AUTHORIZE PERMISSIVE TAX EXEMPTIONS FOR 2022

WHEREAS Section 224 (2) (a) of the Community Charter allows Council to grant permissive exemptions from taxation of land or improvements that are owned by a not-for-profit corporation and that Council considers is used for a purpose that is directly related to the purposes of the corporation; AND WHEREAS Section 224 (2) (f) of the Community Charter allows Council to grant permissive exemptions from taxation of a hall and additional land related to an exempt building or hall set apart for public worship; AND WHEREAS Section 224 (2) (h) of the Community Charter allows Council to grant permissive exemptions from taxation of additional land surrounding an exempt hospital or senior’s home; AND WHEREAS the Town of Comox wishes to grant certain permissive tax exemptions for 2022 within the limitations of the Community Charter; NOW THEREFORE the Town of Comox, in open meeting assembled, enacts as follows: 1. Title

(1) This bylaw may be cited for all purposes as the “Comox Permissive Tax Exemption Bylaw No. 1990, 2021”.

2. Permissive Tax Exemptions Authorized for 2022

(1) The following described properties (shadowed in Schedule “A” which is attached to and forms part of this bylaw) owned by Courtenay Golf Club Ltd. and used for the purpose of a public golf course shall be exempt from property value taxation for the year 2022 to the amount of seventy-six percent (76%) of the value of land for:

Amended Lot 11, Plan 3556 D.D.-22371-N, excepting Plans 4991 and 5368, plus lots 26, 28, 29, 30, 38 and 41 of Plan 104, all in Section 56, Comox Land District.

(2) The following described properties (shadowed in Schedule “B” which is attached to and forms part of this bylaw) owned by the Town of Comox and occupied by the Filberg Heritage Lodge and Park Association for the purpose of maintaining it as a heritage lodge and park, shall be exempt from property value taxation for the year 2022 on all land and improvements for:

Lot A, Plan 32509 and Lot 1, Plan VIP71790, both in District Lot 87, Comox Land District.

(3) The portions of the following described property (shadowed in Schedule “C” which is attached to and forms part of this bylaw) owned by the Town of Comox, and occupied by the Comox Archives and Museum Society (used as a public archives and museum), and by the Pearl Ellis Gallery Association (used as a public art gallery), and by the Comox Valley Lions Club (used as a meeting hall), and by Unity Comox Valley (used as a meeting place), shall be exempt from property value taxation for the year 2022 on all land and improvements for:

Lot A, Plan 31594, Section 56, Comox Land District.


Town of Comox Comox Permissive Tax Exemption Authorized For 2022, Bylaw No. 1990, 2021 Page 2

2. Permissive Tax Exemptions Authorized for 2022 (continued)

(4) The following described property (shadowed in Schedule “D” which is attached to and forms part of this bylaw) owned by the Comox Valley Children’s Day Care Society and used for the purpose of a day care facility and pre-school, shall be exempt from property value taxation for the year 2022 to the extent of one-half (1/2) of the value of land and improvements at:

Lot 1, Plan 22777, Section 70, Comox Land District.

(5) The following described property (identified as “Marine Rescue Station” in Schedule “E” which is attached to and forms part of this bylaw) owned by the Comox Valley Marine Rescue Society, occupying a portion of the Town of Comox Municipal Marina, shall be exempt from property value taxation for the year 2022 on all land and improvements for:

Float Building in District Lot 380, Nanaimo Land District (except Blocks A & B).

(6) The following described property (outlined in bold on Schedule “F” which is attached to and forms part of this bylaw) owned by the Town of Comox and occupied by the Point Holmes Recreation Association for the purpose of providing and maintaining a public boat launch, shall be exempt from property value taxation for the year 2022 on all land and improvements on:

District Lot 459, Nanaimo Land District.

(7) The following described property (shadowed in Schedule “G” which is attached to and forms part of this bylaw) owned by the United Church of Canada and used for the purpose of public worship, shall be exempt from property value taxation for the year 2022 to the extent of all the value of land surrounding the building for public worship, and the value of any hall on:

Lots 75, 76, 77, and 78, Plan 18100, Section 1, Comox Land District.

(8) The following described property (shadowed in Schedule “H” which is attached to and forms part of this bylaw) owned by the Pentecostal Assemblies of Canada and used for the purpose of public worship, shall be exempt from property value taxation for the year 2022 to the extent of all the value of land surrounding the building for public worship, and the value of any hall on:

Lot 1, Plan 34892, Section 70, Comox Land District.

(9) The following described property (shadowed in Schedule “I” which is attached to and forms part of this bylaw) owned by the Anglican Synod of the Diocese of British Columbia and used for the purpose of public worship, shall be exempt from property value taxation for the year 2022 to the extent of all the value of land surrounding the building for public worship, and the value of the hall on:

Lot A, Plan 26068, Section 56, Comox Land District.




(10) The following described property (shadowed in Schedule “J” which is attached to and forms part of this bylaw) owned by Bay Community Church and used for the purpose of public worship, shall be exempt from property value taxation for the year 2022 on the all of the value of the land surrounding the place of public worship, and the value of any hall on:

Lot 2, Plan 45138, D.L. 205, Comox Land District.

(11) The following described property (shadowed in Schedule “K” which is attached to and forms part of this bylaw) owned by the Trustees of the Comox Valley Presbyterian Church and used for the purpose of public worship, shall be exempt from property value taxation for the year 2022 on all of the value of the land surrounding the building for public worship, and the value of any hall on:

Lot A, Plan VIP69225, Section 65, Comox Land District.

(12) The following described property (shadowed in Schedule “L” which is attached to and forms part of this bylaw) owned by the Providence Living Society and used for the operation of a not-for-profit residential care facility shall be exempt from property value taxation for the year 2022 on all of the value of the land and buildings for the use in providing long-term care facility services, except for tenant occupied leased spaces on:

Lot 1, Plan 17718, Sections 1 & 2, Comox Land District, except Plan 18512. excepting areas designated for tenant occupiers.

(13) The following described property (shadowed in Schedule “M” which is attached to and forms part of this bylaw) owned by the Town of Comox and occupied by the Comox Seniors Centre Association and used for the operation of the d’Esterre Seniors Centre shall be exempt from property value taxation for the year 2022 on all of the value of all land and improvements for:

Lot 16, Plan 3923, Section 56, Comox Land District, except plans 13321&17061.

(14) The following described property (shadowed in Schedule “N” which is attached to and forms part of this bylaw) owned by the Royal Canadian Legion Comox Branch 160 and used to serve veterans and their dependants, promote remembrance and act in the service of Canada and Comox, shall be exempt from property value taxation for the year 2022 on all of the value on all land and improvements for:

Lots 6, 7, and 8, Plan 3923, Section 56, Comox Land District.

(15) The following described property (darkened in Schedule “O” which is attached to and forms part of this bylaw) owned by the Nature Trust of B.C. and will be used for recreation, wildlife conservation and public open space purposes shall be exempt from property value taxation for the year 2022 on all of the value of all land for:

Lot 8, Plan 2657, District Lot 87, Comox Land District, except Plans 24797 and 29411.




(16) The following described property (also darkened in Schedule “O” which is attached to and forms part of this bylaw) partially (3/8 interest) owned by the Nature Trust of B.C. and will be used for recreation, wildlife conservation and public open space purposes shall be exempt from property value taxation for the year 2022 on all of the value of all land and improvements for:

Closed Road 40 feet wide on the easterly boundary of Lot 9, Plan 2657, District Lot 87, Comox Land District (PID 006-310-320)

(17) The following described property (darkened in Schedule “P” which is attached to and forms part of this bylaw) partially owned by the Nature Trust of B.C. and will be used for recreation, wildlife conservation and public open space purposes shall be exempt from property value taxation for the year 2022 on all of the value of all land for:

Lot 28, Plan VIP80065, District Lot 244, Comox Land District.

(18) The following described property (darkened in Schedule “Q” which is attached to and forms part of this bylaw) owned by the 888 (Komox) RCAF Wing of the Air Force Association, and used for educational purposes in support of 386 (Komox) Squadron Royal Canadian Air Cadets, shall be exempt from property value taxation for the year 2022 on all of the value of Class 8 (Recreation / Non-Profit) land and improvements for:

Lot A, Plan 50460, District Lot 217, Comox Land District.

(19) The following described property (darkened in Schedule “R” which is attached to and forms part of this bylaw) owned by the Comox Valley Affordable Housing Society, and used for low income rental housing for seniors, shall be exempt from property value taxation for the year 2022 on all of the land:

Lot A, Plan 22917, District Lot 87, Comox Land District.

(20) The following described property (darkened in Schedule “S” which is attached to and forms part of this bylaw) owned by the Town of Comox and occupied by the Comox Valley Tennis Club (used for recreation), shall be exempt from property value taxation for the year 2022 on all land and improvements for:

Lot 9, Block 3, Plan 2696 and Lots 3, Plan 4215 of Section 56, Comox Land District.

(21) The following described property (darkened in Schedule “T” which is attached to and forms part of this bylaw) owned by Dawn to Dawn Action on Homelessness (transitional housing) shall be exempt from property value taxation for the year 2022 on all land and improvements for:

Lot 7, Plan VIP20917, Section 56, Comox Land District,

(22) The following described property (darkened in Schedule “U” which is attached to and forms part of this bylaw) leased and occupied by the Town of Comox (used for office space) from North Nanaimo Rentals Ltd., shall be exempt from property value taxation for the year 2022 on all land and improvements for: Strata Lot 3, 4, and 5; Plan VIS1074, Section 56, Comox Land District,

and, 50% on all land and improvement for: Strata Lot 6; Plan VIS1074, Section 56, Comox Land District.



3. Adoption

READ A FIRST time this 6th day of October , 2021

READ A SECOND time this 6th day of October , 2021

READ A THIRD time this 6th day of October , 2021

ADOPTED this day of , 2021

MAYOR

CORPORATE OFFICER



Comox Permissive Tax Exemption Bylaw, 2021 - Bylaw No. 1990

Schedule “A”

Schedule “B”




Schedule “C”

Schedule “D”




Schedule “E”

Schedule “F”




Schedule “G”

Schedule “H”




Schedule “I”

Schedule “J”




Schedule “K”

Schedule “L”




Schedule “M”

Schedule “N”

Subject Property

Schedule “N”




Schedule “O”

Schedule “P”




Schedule “Q”

Schedule “R”




Schedule “S”

Schedule “T”

Subject Property Folio # 00305.035




Schedule “U”


TOWN OF COMOX STAFF REPORT Meeting Date: October 6th, 2021

TO: Mayor & Council FILE: RZ 21-5 / 3360-20/2021

FROM: Marvin Kamenz, Director of Development Services

Corey Cooper, Planning Technician

DATE: October 6th, 2021

SUBJECT: Rezoning Application: RZ 21-5 Home Occupation Text Amendment (Individual Fitness Training)

Prepared by:

Corey Cooper, Planning Technician

Supervisor:

Marvin Kamenz, Director of Development Services

Financial Approved:

Clive Freundlich, Fin. Director

Report Approved:

Jordan Wall, CAO

RECOMMENDATION(S) FROM THE CHIEF ADMINISTRATIVE OFFICER:

1. That Comox Zoning Amendment Bylaw 1986 be given First and Second Reading (Attachment 3); and

2. That in accordance with Section 464(2) of the Local Government Act, the requirement to hold a Public Hearing in respect of Comox Zoning Amendment Bylaw 1986 be waived and staff be instructed to publish the requisite notices as required by the Local Government Act.1

PROPOSAL The Zoning Bylaw 1850 amendment is to permit individual instruction by a British Columbia Recreation and Parks Association Fitness Professional listed in The Registry of Fitness Professionals. The amendment would be applicable to all properties in Comox where zoning permits a home occupation. The applicant’s submission is contained in Attachment 2.

1 Section 464(2) of the Local Government Act states:

“A local government may waive the holding of a public hearing on a proposed zoning bylaw if: (a) an official community plan is in effect for the area that is subject to the zoning bylaw, and (b) the bylaw is consistent with the official community plan.”

Proposed Bylaw 1986 meets the LGA criteria for the waiving of a public hearing. Waiver of a public hearing requires the issuance of a public notice of waiver.


Staff Report to Council Rezoning Application: RZ 21-5 - Home Occupation Text Amendment (Personal Fitness Training) Page 2

S:\00 Council Agenda Development\02 Reports For Council Agenda- Final Version\2021-10-06 Regular Council Meeting\RZ 21-5 - Individual Fitness Training\1-RCM_1st.2nd_RZ 21-5 - Home Occupation, Personal Training - Oct 6, 2021.docx

STRATEGIC PLAN LINKAGE This report addresses the following task identified in the Strategic Plan for Planning Services:

• Minor Development Applications OCP IMPLICATIONS Applicable OCP objectives and policies focus on ensuring growth is planned and well managed, so as to maintain and enhance the quality of life in Comox in relation to both its residential neighbourhoods and the vitality and sustainability of its commercial areas (Section 2.1.1.2(2) and 2.1.3.3(b) and (d)). ZONING IMPLICATIONS Zoning Bylaw 1850 permits home occupations in the majority of single-family and multi-family zones and are not limited to single dwellings: i.e., are permitted in townhouse and apartment dwellings units. The Zoning Bylaw definition of Home Occupation lists the uses which are permitted as home occupations subject to specific criteria. Bylaw mandated specifications include conducted wholly within a Dwelling Unit, Gross Floor Area not exceeding 30 percent of Dwelling Unit or 40 m2 which ever is greater, conducted only by members of a Related Household, and no Retail (see Attachment 1). Individual instruction in academics, art, crafts, or music is currently permitted as a Home Occupation. It is anticipated that individual fitness training would have similar impacts to this use, which has not been a significant source of complaints to the Town. In the applicant’s submission (Attachment 2), it is noted that “All sessions will be supervised by a certified personal fitness professional, licensed by the BCRPA” (British Columbia Recreation and Parks Association). The BCRPA is a not-for-profit organization partnered with the National Fitness Leadership Association (NFLA) to develop, promote, and implement national standards for fitness professionals in Canada. In this role as the exclusive provincial representative, the BCRPA offers fitness training, mentorship, and registered certifications to its members. Proposed Comox Zoning Amendment Bylaw 1986 as contained in Attachment 3 would add the following bolded text to the existing definition for Home Occupation in Zoning Bylaw 1850:

(7) Individual instruction by a British Columbia Recreation and Parks Association Fitness Professional listed in The Registry of Fitness Professionals;

GOVERNANCE IMPLICATIONS Attachment 4 lists the processing steps for Council’s consideration of the text amendment application.




MK/CC Attachments:

1. Comox Zoning Bylaw 1850: Definition of Home Occupation (Section 3.2) 2. Applicant’s Submission 3. Proposed Zoning Amendment Bylaw 1986 4. Processing Procedures




ATTACHMENT 1 COMOX ZONING BYLAW 1850: DEFINITION OF HOME OCCUPATION (SECTION 3.2)




ATTACHMENT 2

APPLICANT’S SUBMISSION


August 4, 2021

Amended request for a zoning text amendment for:

Street Address: 2171 Cooke Ave Comox BC V9M 1N3

Parcel Identifier: 004-848-543

Legal Description: Lot 11 Section 2 Comox District Plan 12770

Current zoning is R1.1.

We would like to request an amendment to the include a Personal Training Adult Fitness use be included

as an allowable home occupation, under bylaw 1850.

The impetus behind this request is to allow our son to begin to establish a business and an income

stream. Due to a previous head injury, he is unable to drive and has limited ability to get to a local gym,

training facility or other workplace. He is a certified personal trainer. The use of the space in the home

will allow him to schedule clients in a manner that he is physically able to handle.

All sessions will be supervised by a certified personal trainer, licenced by the BCRPA

The personal trainer in this case lives in the house

Client load will be limited to a maximum of 1 (one) instructional client at a time.

Each session is booked by appointment. There are no ‘drop in’ random sessions

Maximum clients in a day will be 12 (twelve).

Currently there are 6 available parking spaces on our driveway for average 4 door sedans. Three full-size

pick-up trucks can fit, though tightly, and the street is wide enough to accommodate parking.

The training space is located in the basement of the home, measuring 33 feet (10 metres) by 17 feet (5.2

meters) for a total of 561 square feet or 52 meters squared. The total developed square footage of the

house, including the garage space is right around 3400 sq feet. The basement area is about 1600 square

feet.

There is a separate entrance to the gym space.

There is a washroom facility available to the gym space.

Waste and recycling management will not be affected and will be handled as part of our regular

curbside program.

Trainer certification is through BCRPA, certification program, certificate number 170666, Connor Sutton,

and is current.




ATTACHMENT 3 COMOX ZONING AMENDMENT BYLAW 1986


U:\Dev App\2021\OCP RZ\RZ 21-5 Home Occupation Text Amendment (Personal Training Adult Fitness)\Bylaw\Amending Bylaw 1986_Zoning Amendment_home occupation.docx

TOWN OF COMOX

BYLAW 1986

A BYLAW TO AMEND COMOX ZONING BYLAW 1850 WHEREAS Council has the authority under the provisions of the Local Government Act to amend the Zoning Bylaw; NOW THEREFORE the Council of the Town of Comox, in open meeting assembled, enacts as follows: 1. Title

This bylaw may be cited for all purposes as the “Comox Zoning Amendment Bylaw 1986” 2. Amendments

1) Comox Zoning Bylaw 1850, Section 3.2 is hereby amended by adding the following text as a permitted home occupation use:

(7) Individual instruction by a British Columbia Recreation and Parks Association Fitness Professional listed in The Registry of Fitness Professionals;

2) Comox Zoning Bylaw 1850 is further amended by making such consequential

changes as are required to reflect the foregoing amendments, including without limitation changes in the numbering and order of the sections of the bylaw.



U:\Dev App\2021\OCP RZ\RZ 21-5 Home Occupation Text Amendment (Personal Training Adult Fitness)\Bylaw\Amending Bylaw 1986_Zoning Amendment_home occupation.docx

3. Adoption

(1) READ A FIRST and SECOND time this th day of , 2021

(2) PUBLIC HEARING waived this th day of , 2021

(3) ADVERTISED A FIRST time this th day of , 2021

(4) ADVERTISED A SECOND time this th day of , 2021

(5) READ A THIRD time this th day of , 2021

(6) ADOPTED this th day of , 2021

__________________________________ Russ Arnott,

Mayor

__________________________________ Shelly Russwurm, Corporate Officer




ATTACHMENT 4 PROCESSING PROCEDURES

1. First and Second Reading of proposed Zoning Amendment Bylaw 1986;

2. Public notification of Waiver of Public Hearing on proposed Zoning Amendment Bylaw 1986;

3. Third Reading of proposed Zoning Amendment Bylaw 1986;

4. Resolution of any outstanding items; and 5. Adoption of Zoning Amendment Bylaw 1986.


TOWN OF COMOX STAFF REPORT Meeting Date: October 6, 2021

TO: Mayor and Council FILE: REA 21-2 / 4360-20/15-01

FROM: Marvin Kamenz, Municipal Planner Regina Bozerocka, Planner II Corey Cooper, Planning Technician


SUBJECT: KOMOX GRIND PARKLET AGREEMENT RENEWAL FOR 2022

Prepared by: Corey Cooper, Planning Technician

Supervisor:

Marvin Kamenz, Director of Development Services

Financial Approved: Clive Freundlich, Fin. Director

Report Approved:

Jordan Wall, CAO

Recommendation: That the Road Encroachment License Agreement for the existing parklet at Komox Grind be renewed for a term of 3 years, 2022 to 2024, subject to the conditions contained in Schedule 1 of the October 6, 2021, Planning Report on REA 21-2, and provision of proof of renewal of insurance for each applicable year. AlternativeRecommendation: That the Road Encroachment License Agreement for the existing parklet at Komox Grind be renewed for a 1-year term, subject to the conditions contained in Schedule 1 of the October 6, 2021, Planning Report on REA 21-2. Background: The Komox Grind parklet opened in May 2015 as a pilot project. The pilot project was well received by the public and achieved its intended goals. It became a year-round permanent program in 2016. Since its inception, there has only been a complaint concerning cleaning of the License Area. In response to this concern, the following clause was added in 2018:

“tomaintain theLicenseAreaand theWorkson theLicenseArea ina safe, clean, tidyandsanitarycondition,includingcleaningbetweendeckboards,andtomakepromptlyallneededrepairs toallWorks,whether for reasonablewearand tearorotherwise,at the costof theLicencee, includingremovalofallworksandcleaningoftheLicenceArearoadpavementasdirectedbyPublicWorksasneededbutno lessthanonceperyear,withpriornotificationofPublicWorksSuperintendent;”

As of September 15, 2021, Public Works has had no concerns regarding the cleaning of the License Area since the addition of this clause. Under the agreement, regardless of term, the Town of Comox maintains the right to the above. The proposed 3 years term would streamline the process for the applicant as well as the Town.


Staff Report to – Mayor and Council Komox Grind Parklet Agreement Renewal For 2022 Page 2

U:\Dev App\2021\REA\REA 21-2 Komox Grind Parklet renewal\Report\REA 21-2_Komox Grind_RCM_Oct.6.2021.docx

Please note that the Town of Comox has major road construction that will affect the parklet and its location beginning in 2023, and that there is no guarantee that a suitable relocation area will be available. The License Agreement includes the following provision, “the Licencee (Komox Grind) understands and agrees that the Licence granted is revocable at the pleasure of the Town, and if it is revoked for any reason whatsoever, the Licencee shall not be entitled to, shall not claim against the Town, or expect any compensation for any reason at all including expenses incurred by the Licencee.” MK/RB/CC Schedule 1: Komox Grind Parklet Conditions of Use cc. Tanya Archambault 3909 Marine Drive, Royston, B.C. V0R 2V0


Staff Report to – Mayor and Council Komox Grind Parklet Agreement Renewal For 2022 Page 3

U:\Dev App\2021\REA\REA 21-2 Komox Grind Parklet renewal\Report\REA 21-2_Komox Grind_RCM_Oct.6.2021.docx

SCHEDULE 1

KOMOX GRIND PARKLET CONDITIONS OF USE

1. The Licencee shall obtain and keep in force comprehensive general liability insurance in the amount of no less than $2,000,000, naming the Town as an additional insured;

2. Parklet’s approximate width perpendicular to the road is 2.25 metres, and length

parallel to the sidewalk is approximately 9.0 metres (including deck and bicycle rack);

3. The Licencee shall provide a minimum of two bike parking stalls within the parklet area;

4. The Licencee shall construct and maintain the parklet in accordance with either of the

following two options: (i) Option A: use of large planters to delineate the boundaries of the parklet;

(ii) Option B: construct a wooden deck at grade with the existing sidewalk, with perimeter railing/landscaping;

5. The Licencee shall ensure there are no obstructions on the sidewalk next to a parklet;

6. The Licencee shall maintain the parklet in safe, clean, tidy and sanitary condition,

including cleaning between deck boards, snow and leaf removal;

7. The Licencee shall provide access for routine and emergency Town infrastructure maintenance; and

8. If the Licencee is not in default under this Agreement at the time of the end of the Term,

then this Licence may be renewed by the Town on an annual application by the Licencee for a subsequent year.


2

RECEIVED

TOWN OF COMOX

Sep. 27, 2021

LOG: REFER: AGENDA:

FILE: ACTION:

21-422

0630-01 File

RCM06Oct21

--

O - Cfile: 0630-01 Copies - Council - JW/LP


3


And Whereas the Canadian Cadet Program involves over 80,000 youth aged twelve to eighteen enrolled in the Sea, Air and Army Cadet funded in part by the Department of National Defence.

And Whereas the Navy League of Canada, the Air Cadet League of Canada and the Army Cadet League of Canada assists the program with fundraising, supporting and establishing local cadets corps in the community.

And Whereas the Comox Valley is proud to be home to 189 (Port Augusta) Royal Canadian Sea Cadets, 386 (Komox) Royal Canadian Air Cadet Squadron, 1726 Canadian Scottish Regiment (Princess Mary’s) Army Cadets, as well as the Regional Gliding School and HMCS Quadra Cadet Training Centre.

And Whereas the Town of Comox Council will support their communities local Sea, Air and Army Cadet Corps by declaring October 4 to 8, 2021 as Cadet Week.


The Cadet Program is a dynamic, funded program for young Canadians aged 12 to 18 across the country who can join the Sea, Army or Air Cadets and participate in exciting and challenging activities that can’t be experienced anywhere else.

The Canadian Cadet Program• Invites all Canadian youth – There are no artificial barriers; all are

accommodated regardless of gender, race, culture, religion, education, socioeconomic status or ability.

• Instill Canadian Military Values – The development of the Cadet Program is guided by the best of Canadian military values and ethics. These values include respecting the dignity of all people, serving Canada before self, and obeying and supporting lawful authorities. Additionally, cadets will gain better appreciation of the specific values of duty, loyalty, integrity, courage, stewardship, and excellence as expected of all Canadian Armed Forces members.

• Develop Citizenship, Leadership, and Fitness – The Cadet program helps participants progressively develop into adults who contribute positively to Canadian society as leaders, while instilling a lifelong appreciation of health and fitness.

• Balance Safety and Challenge – Youth and their parents will have confidence that the activities and events the Cadets deliver are challenging, yet safe. They will also be confident that the adults leading the program are of unquestionably high moral characters and are focused on the development of the Cadets/

• Leave a positive lifelong impact – Whether youth stay with the program for many years or for just a few weeks, it is imperative that they remember the experience positively to help guide their development as productive Canadians.


The Cadet Experience Cadets offers the experience of a peer-led program open to all youth, in a safe, yet challenging environment focusing on a variety of unique and fun activities that build skills they’ll use the rest of their lives and will leave a positive lifelong impact.

The Cadet program aims to make a positive impact on Canadian youth by shaping well-rounded, community-minded future leaders and in promoting a lifetime of physical fitness, volunteerism, and citizenship activities. We strengthen Canadian communities by investing in youth and developing community leaders.

The Sea Cadet Program teaches knowledge and skills about seamanship, sailing, and traditions of the Royal Canadian Navy.

Air Cadets learn about aviation and aerospace technologies, aircrew survival, and of course flying.

The Army Cadet Program focuses on physical activity and the outdoors including expedition, abseiling, hiking and survival.

Cadets also have opportunities to participate in Common Training activities that are open to all three elements, such as Biathlon, Marksmanship and Music.

Cadets generally run activities one night per week, and one weekend per month, with additional opportunities for unique experiences during the summer and throughout the year.

Whilst the Department of National Defence, through the Commander Canadian Cadets and Junior Canadian Rangers Support Group, funds the basic program with staff, uniforms and basic equipment, the Navy League of Canada, the Army Cadet League of Canada and the Air Cadet League of Canada (collectively referred to as the “Cadet Leagues”) provide an essential organizational support structure that enhances the program. The Cadet Leagues are national federally incorporated not-for-profit organizations willing to support Cadets and Cadet Corps and Squadrons in specific key areas.


Cadets in the Comox Valley There are three cadet units in the Comox Valley: 189 Royal Canadian Sea Cadet Corps Port Augusta (established 1902) www.189PortAugusta.ca 386 Royal Canadian Air Cadet Squadron Komox (established 1941) www.386Komox.com 1729 Canadian Scottish Regiment Cadets, Royal Canadian Army Cadet Corps (established circa 1914) www.canadianscottishregiment.ca For more information, visit:

navyleague.ca aircadetleague.com armycadetleague.ca

VIDcadets.ca bc-aircadetleague.com BritishColumbia.armycadetleague.ca


10 September 2021

Distribution List

Dear Mayors, Chair, Councils and Board,

Re: Reappointment of Directors Martin Crilly, Andy Frost, and Wendy Lewis to the CVAC Board

In accordance with the Comox Valley Airport Commission's (CVAC) By law 3.2, the BoardSecretary is to contact you to seek the approval for the renewal of Local GovernmentNominating Entities Directors. Three Directors have terms that expire in 2022 and the Boardwishes to extend their terms. In mid 2022 the CVAC Board will also initiate the process to fillthree local government nominating entity positions which become vacant in 2022 and early2023. These processes take some time and a decision to extend the terms of the three directorsis the first step that ensures Board continuity concurrent with a transition in leadership.

The above named Directors serve as Local Government Nominating Entities nominees to theAirport Commission and as such CVAC is seeking input from all Local Governments on theirreappointment. They have all indicated their desire to continue to serve on the CVAC Board fora subsequent term.

Mr. Crilly joined the CVAC Board in February 2016, has served on the Governance Committee,the Executive Committee, and has been Board Chair since January 2020. He has providedexemplary Board leadership through challenging times related to COVID and led the CEORecruitment conducted in 2019. His background in transportation policy and regulation are avaluable asset to the Board. Mr. Crilly’s current appointment expires in February, 2022; with athree year extension from that date, he will reach the maximum term of nine years in 2025.

Mr. Frost joined in CVAC Board in January 2014. His background in the computer technologyindustry has been valuable to the Board. He has served as Chair of the Audit Committee forseveral years and has been actively involved in a number of Board projects. Mr. Frost’s currentthree year term expires in August, 2022 and a five month extension will result in him serving themaximum of nine years.

Ms. Wendy Lewis joined the Board in April 2019 and has served as Chair of the FinanceCommittee for two years and serves on the Executive Committee. Her experience in finance andaccounting has been valuable to CVAC given the impacts on business operations from COVID.Ms. Lewis’s term current three year term expires in April, 2022 and the intent is to extend theterm three years from that date.

RECEIVED

TOWN OF COMOX

Sep 10, 2021

LOG: REFER: AGENDA:

FILE: ACTION:

21-400

0360-20/CV MR

RCM06Oct21

--

O - Cfile: 0360-20/CVAC Copies - Council - JW/LP


May I request that you signal your concurrence to these reappointments no later thanNovember 1, 2021. In the mean time, if you have any questions about this request or ournomination process as a whole, please contact me at [email protected]

Yours truly,

Joe SchommerCVAC Secretary

Distribution List:Mayor Leslie Baird and Councillors, Village of CumberlandMayor Russ Arnott and Councillors, Town of ComoxMayor Bob Wells and Councillors, City of CourtenayChair Jesse Ketler and Board Members, Comox Valley Regional District

CC: Chair Martin CrillyCEO Mike Atkins


Office of the Chief Administrative Officer 770 Harmston Avenue, Courtenay, BC V9N 0G8 Tel: 250-334-6000 Fax: 250-334-4358 Toll free: 1-800-331-6007 www.comoxvalleyrd.ca

File: 8500-20/CV August 6, 2021

Sent via email only: [email protected] Jordan Wall Chief Administrative Officer Town of Comox 1809 Beaufort Avenue Comox, BC V9M 1R9 Dear Jordan: Re: Request for Endorsement in Principle - Transit Exchange and Transit Priority Concepts Transit infrastructure is a critical component of the Comox Valley Transit System as it supports transit service levels and enhances the customer experience. This year, BC Transit and the Comox Valley Regional District (CVRD) jointly advanced an infrastructure study, led by Urban System, for five transit exchanges as well as transit priority measures that will support the continued expansion and improvement of the regional transit system and to attract ridership and achieve desired mode shifts. The study was completed in collaboration with staff from member municipalities, Ministry of Transportation and Infrastructure, and PWTransit, and identified the preferred location, conceptual design, and approximate cost of the infrastructure improvements. Recently CVRD and BC Transit staff made presentations to your council on the transit infrastructure study and recommended transit infrastructure. To further advance these infrastructure projects, BC Transit is seeking Town of Comox endorsement in principle of the preferred transit exchange and transit priority concepts within your jurisdiction. This will allow BC Transit to pursue senior government funding on behalf of the Comox Valley Regional Transit System. Currently the provincial and federal governments have increased funding available for transit infrastructure projects, which reduces the local government share of capital costs to 20 per cent. The local government project costs would be funded by CVRD through the transit service. This new funding has created an opportunity for BC Transit and the Comox Valley to invest in significant transit infrastructure projects to support improved transit service and resulting mode shifts and greenhouse gas emissions reductions. Please let me know how we can secure this endorsement in principle from your local government in order to pursue senior government funding. If successful in securing funding, further work would take place to collaborate with your staff, refine exchange locations, consult with appropriate stakeholders and undertake detailed design, prior to proceeding through the municipal construction approval process. Sincerely, James Warren Deputy Chief Administrative Officer Enclosure: Link to Transit Infrastructure Study – www.comoxvalleyrd.ca/transitupdates cc: Shelly Russwurm, Corporate Officer, Town of Comox Mike Zbarsky, Manager of Transit and Facilities

RECEIVED

TOWN OF COMOX

August 6, 2021

o - cfile 8500-04 Copies - JW / SA / MK


Documents

REQUEST TO APPEAR AS A DELEGATION - Town of Comox