Regional District CAO responds to developer’s lawsuit

Regional District CAO responds to developer’s lawsuit

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Regional District CAO responds to developer’s lawsuit

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Comox Valley Regional District Chief Administrative Officers Russell Dyson issued a statement today, Dec. 27, in response to a petition by 3L Developments Inc. to Supreme Court of British Columbia

Earlier this year, the CVRD board rejected an application by 3L to amend the Regional Growth Strategy to allow a large subdivision in the Puntledge Triangle. The development company then challenged that decision in a court filing, just days before the Oct. 20 municipal elections.

Today, Dyson issued the following statement:

“On October 17, 2018, 3L Developments Inc. filed a petition with the Supreme Court of British Columbia seeking court orders to set aside the Comox Valley Regional District’s (CVRD) denial of the 3L’s application to amend the Regional Growth Strategy (RGS).

“Our lawyer has advised us to limit our comments on this matter while it is before the court, but we do want to make it clear that the CVRD considered 3L’s application to amend the RGS in a fair, open and transparent process. We followed all requirements set out in Provincial legislation, CVRD bylaws and policies and met the Court’s expectations from previous decisions regarding 3L’s proposal.

“Amending the RGS is a serious undertaking.

“The RGS is a regional planning framework that guides growth and development and protects the environment, health and livability in the CVRD for all citizens.

“We fully consulted with the public and 3L during this process. We kept 3L informed and respected their interest, processing their application in a timely manner.

“The documents below are the same as those filed to the Supreme Court of British Columbia on December 21, 2018 and be found on our website at www.comoxvalleyrd.ca/3l

“· Response to Petition – filed

“· Affidavit #1 of James Andrew Warren – filed

“· Affidavit #2 of James Andrew Warren – filed

“· Affidavit of Russell Dyson – filed

“· Affidavit of Alana Mullaly – filed

“· Affidavit of Edwin Grieve – filed

“· Affidavit of Curtis Scoville – filed”

 

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Here’s the latest Comox Valley local government election results

Mayor Bob Wells and all Courtenay incumbent councillors have been re-elected. Evan Jolicoeur has also been elected. Manno Theos has lost his seat.

Jonathan Kerr, Jenn Meilleur, Steve Blacklock, Chris Haslett, Ken Grant and Maureen Swift have been elected in Comox.

Vickey Brown has been elected mayor in Cumberland, defeating long-time mayor and councillor Leslie Baird.

Voting down -20.6% in Courtenay, -22.3% in Comox and -50.9% in Cumberland.

Full results with Electoral Areas A, B and C, school board and Islands Trust results in the morning.

Daniel Arbour in Area A and Edwin Grieve in Area C won by wide margins. Richard Hardy defeated Arzeena Hamir by 23 votes.

Shannon Aldinger topped the polls in races for SD71 school trustees.

Click the headline on this page for complete results and voter turnout.

Random thoughts about yesterday’s municipal elections

Random thoughts about yesterday’s municipal elections

The anti-tax wave turned into a progressive tsunami in Courtenay; Long undercuts Jangula; 48% of Cumberland voters cast a ballot and a woman of color will contribute her world view to the regional district

 

This article was updated Oct. 30 to correct information about the Area C election and previously to correct the vote totals on the Cumberland referendum

As the Comox Valley awoke this morning, stumbled into the kitchen and stared vacantly out the window at a spectacular sunny late October day, were people thinking about the whirlwind six-week election campaign that ended last night?

Or were they still stoned from too much Legalization Day celebrations? Hung over from too much Election Night joy? Or, just seeing a yard full of maple leaves begging to be raked up?

Well, over here on Nob Hill, at the international headquarters of the Decafnation, we were thinking about what voters were thinking. What the election results mean, and what they don’t mean.

We did notice that of the 22 mayors, councillors and regional directors elected yesterday, Decafnation recommended 18 of them.

But in our own decaffeinated stupor this fine morning, these random thoughts passed through …

— Did Harold Long split the non-progressive vote and derail incumbent Larry Jangula’s bid for re-election? Jangula finished second to mayor-elect Bob Wells by 438 votes. Harold Long got 1,165 votes.

Long and Jangula feuded over a pact that Long says the pair made four years ago. Long would support Jangula in 2014 if Jangula supported Long in 2018. Long says Jangula reneged on the deal and Long ran anyway.

FURTHER READING: Detailed election results here

— The Comox Valley Taxpayers Alliance tried to rally the fiscal conservative vote, but did it actually show up? The CVTA endorsed six candidates for council and Jangula for mayor. Mano Theos was their only candidate to make the cut.

But looking at the mayor’s race, Jangula and Long captured 3,677 votes, more than Wells and Erik Eriksson, who received 3,597. A mere 80-vote differential.

On the other hand, Courtenay voters — where the CVTA exclusively focused their “taxes are too high!” message — elected a nearly unanimous progressive council. Theos is going to feel a little lonely for the next four years.

So, what to conclude? Jangula probably had individual popular support. Long cost him the election. But overall the efforts of the CVTA, despite all the money they spent on full-page advertising, didn’t make a difference. It may even have triggered a counterproductive effect by rallying progressive voters.

— We were surprised that Cumberland Mayor Leslie Baird’s opponent got even 229 votes.

— It’s a cliche, we know, but every vote does count. Incumbent Roger Kishi missed re-election by 2 votes. And the Comox Valley lost an important voice of diversity.

— We don’t think there’s a provision for recounts in municipal elections. Why not?

— Which community had the highest voter turnout and which was the worst? It was no contest. Cumberland had a 48.0 percent turnout the highest in the region. The Comox Valley’s worst was the rural electoral areas at 28.7 percent.

Courtenay had a 37.1 percent turnout and Comox had 40.4 percent. Campbell River did the worst of all at 25.4 percent. Qualicum was the best regionally with 58.9 percent. Parksville had 43.5 percent and Nanaimo did well at 40.3 percent.

— How did mayors fare compared to their elected councillors? Cumberland Mayor Leslie Baird got 83.25 percent of the vote, the highest of any Comox Valley candidate. No village councillors got a higher percentage, but Vickey Brown topped the polls with 63.6 percent.

Mayor-Elect Bob Wells got 40.56 percent of the vote, and five councillors grabbed a higher percentage of the vote. Will Cole-Hamilton topped the city polls with 48.6 percent.

Comox Mayor-Elect Russ Arnott received 61.8 percent of the vote. Two of his council members got more, including Alex Bissinger who topped the polls with 63.9 percent.

— In a move that will benefit the entire Comox Valley, Cumberland voters gave their Village Council approval to borrow up to $4.4 million to upgrade its wastewater treatment plant by a substantial margin: 1,011 to 316.

Voters really had no choice because the village has to upgrade its operations for face potential fines from the Ministry of Environment for being out of compliance with provincial standards. But the strong “yes” vote gives the village extra leverage in obtaining grant external funding and lowering the amount it has to borrow.

— Courtenay voters also approved a non-binding request for City Council to undertake a study of Valley-wide governance reforms all the way up to amalgamation. It will be interesting how this study evolves, if at all, because Cumberland and Comox haven’t expressed interest. The vote was 4,734 yes to 1,494 no.

— Vickey Brown, who stepped down as a school trustee to run in the Cumberland municipal election, topped the polls, besting re-elected incumbent Jesse Ketler by 44 votes. Brown previously sought a council seat in the 1990s and lost by just 10 votes.

— Erik Eriksson was the first Comox Valley candidate to announce his campaign. Just over a year ago, incumbent councillor Eriksson said he was running for mayor, a move criticized by some as starting the campaign too early. But it did force other mayoral hopefuls David Frisch — who later dropped out to re-run for council — and Bob Wells to announce their intentions just four months later.

Eriksson finished last in the four-way race for mayor. Was it because he announced so early? Did he ruffle too many feathers with his council colleagues by refusing to abide the chamber convention of referring to each other as “Councillor Hillian,” etc., and using just their first names?

Or did he lose progressive supporters by voting with Jangula, Theos and Ken Grant on 3L Developments proposed amendment to the Regional Growth Strategy? While the optics of Eriksson’s action may have cost him support from anti-amendment voters, he did it to continue the consultation process, including a public hearing.

Eriksson’s fears materialized when 3L filed a multi-faceted lawsuit just three days before the Oct. 20 election, essentially alleging that the Comox Valley Regional District didn’t give their proposal fair consideration.

— It’s interesting that voters convincingly supported Edwin Grieve in Area C, despite being banned from 3L discussions at the CVRD board table because of a settlement agreement of a Human Rights Tribunal complaint made by a 3L executive. Voters gave Grieve a vote of confidence.

— For the first time, a woman of color will represent a CVRD rural electoral area. Arzeena Hamir, who defeated incumbent Rod Nichol in Area B, was born in Tanzania, East Africa, moved to BC in 1973, served as a CUSO volunteer in Thailand, where she’s fluent in the language, and spent time in India doing field research for a Masters degree in sustainable agriculture that she earned from the University of London, England.

— Finally, more than half of the Comox Valley school district board of trustees were elected by acclamation (four out of seven). Why is there so little interest in the school board?  (Full disclosure, Decafnation did not profile school trustee candidates or survey them on education issues. Nor were we able to profile every mayoral and council candidate.)

 

Elected officials separate themselves on the difficult decisions

Elected officials separate themselves on the difficult decisions

The mundane decisions that comprise most of an elected official’s term in office reveal little about their values or principles. It’s the pressure-cooker moments that reveal a person’s true colors

 

Not everyone possesses the characteristics to become widely regarded as an effective elected official. Although, surely, every incumbent or candidate believes they do.

The problem is defining those treasured human qualities. We all have our political perspectives; what we’re in favor of, what we’re against; what we want more of, what we want less.

In a community as philosophically diverse as the Comox Valley, only a saint could distill our collective community values down to a few purely non-political human virtues.

And so, like art, the public just knows a ‘good’ councillor, mayor or school trustee when they see one.

 

But the occasions to ‘see’ the defining aspects of elected officials occur infrequently in local government. We usually learn nothing about elected officials when they decide issues of minor consequence: which streets to pave or whether to support a festival.

It’s when the polarizing, highly controversial issues arise that elected officials reveal themselves. Will they be like firemen or law enforcement officers who run toward the trouble to help people, or will they retreat? When panic and anxiety strike, will they refuse to succumb and, like the pilot Scully, cooly and calmly steer us to safety?

It’s in the pressure-cooker of those difficult moments that we really see a person’s true colors.

This week’s Comox Valley Regional District board meeting thrust 10 Comox Valley elected officials into a high-stress and fast-moving situation. Did it provide the public with moments of clarity about the directors at the table?

At stake was a critical point in the decade-long controversy over amending the Regional Growth Strategy for the benefit of a single developer, and the crux came in the final weeks of an hotly-contested election campaign.

RELATED STORY: With much drama, CVRD denies 3L Developments

Three candidates for the mayor of Courtenay sat at the table, and all but three of the 10 directors who would ultimately vote in this charged atmosphere were running for election.

The 3L Developments’ application was ready for first reading. Directors had reports from its Technical Advisory and Steering committees and a staff recommendation to deny the application, which was considered before first reading occurred. They could choose to either move it along and continue public consultations through first, second and third readings, or deny it based on the consultations they had already completed. By a 6-4 vote, those chose the latter.

So, how did our elected officials conduct themselves at this meeting? Here’s a director-by-director accounting from our notebook. You be the judge.

Larry Jangula

The incumbent City of Courtenay mayor began by questioning the accuracy of the committees’ assessment of available housing in order to suggest 3L’s 1,000-plus houses were needed. He said the demand for housing was greater than staff had predicted, and that he had seen on social media “somewhere” that more than 6,000 people were currently seeking rentals in the Valley. Later on, he suggested a petition signed by about 1,500 people opposed to 3L Developments wasn’t representative of public opinion. He suggested we “petition all the people in the regional district.”

Erik Eriksson

The Courtenay councillor running for mayor stuck to a single message throughout the entire proceedings. He said the CVRD was “not complying” with the court order to fully consider 3L’s application if it voted to deny the application before it went to first reading. He wanted to postpone a vote or extend 3L’s application and continue the consultation process and hold a public hearing. He said to decide 3L’s fate now was “disingenuous.”

Eriksson said it also created a personally awkward situation. He said every director has friends who are either for or against the 3L development. “We’re being asked which group of our friends to make happy.” And, he said because the vote was coming during an election campaign, directors were likely to decide on the basis of “what would get us the most votes.”

Before the vote, Eriksson said “This is wrong. It’s not honorable.” He positioned himself with Larry Jangula, Ken Grant and Mano Theos on this issue.

Bob Wells

The Courtenay councillor running for mayor questioned a 3L spokesperson about their conversations with the K’omoks First Nation, which the company had mischaracterized and later apologized. After a presentation by a 3L spokesperson, Wells expressed concern that the debate had turned toward criticism of the Regional Growth Strategy, which resulted from a long community-wide process.

Wells said the staff had done a good job of presenting the facts in a clear way. And in response to certain directors, Wells said both 3L and the CVRD directors knew from a flow chart they had all seen at the beginning of the application review process that “the application could be denied at first reading. Unless someone was not paying attention.”

Prior to casting his vote, Wells said many of the arguments heard at the meeting had focused on issues beyond the single application that was before them, and pertained more to a review of the RGS that should take place in a less high-stakes environment. He said his gut was telling him that a future and fulsome discussion was needed on how the RGS was structured, but that it was a separate issue from the 3L application.

Ken Grant

The incumbent Comox Councillor seeking re-election said it was unfortunate that first reading came up during an election cycle, and he alluded to “a lot of misinformation” on social media. He said if the board didn’t postpone the vote before first reading it would have only given “lip service” to the idea of adequate consultation. He said the CVRD was setting itself up for another court action by 3L.

Mano Theos

The incumbent Courtenay councillor seeking re-election said directors had to do “what’s best” for the community. But he added, “We don’t know what’s best.” He said directors would get more benefit from postponing the vote and gathering more information because “clarity is so critical.”

Gwyn Sproule

The incumbent Cumberland councillor seeking re-election noted 3L’s flip-flop on timing. Sproule noted that 3L had asked for an expedited process. But now, she said, in hindsight, they aren’t so happy and wanted more time.

Rod Nichol

The incumbent Area B director seeking re-election said 3L couldn’t claim their application had received an unfair process. He had kept an open mind, but had made a decision “at this meeting,” and he said it’s time to “get it done.”

Curtis Scoville

Scoville is an alternate director for Area C and, like Barbara Price of Comox and Bruce Joliffe of Area A, he is not seeking election to any public office this year. He was the first director to separate first reading of 3L’s application to amend the RGS from any potential desire to review and update the RGS, which he noted was a much more complex and public process.

He acknowledged the application process can be frustrating, “especially when you have money on the line.” He said no directors want to ignore 3L’s promise of a large park at Stotan Falls, but “it would be nice not to have to decide the issue on that basis.” Scoville praised the thoroughness of the committee reports and said postponing first reading to gather more info by “piggy-backing” on a private owners’ studies was not a good idea.

Scoville said he thought postponing first reading would be a waste of time and money for all concerned “just to come to the same result.” He said it’s better to say no now, “and take it on the chin.”

 

Regional District CAO responds to developer’s lawsuit

With much drama, CVRD denies 3L Developments

With tension thick in the boardroom, with accusations of lies and corruption, slander flying back and forth, and despite 3L Developments’ last-minute tactic through Mano Theos to salvage their Riverwood subdivision, the application to amend the Regional Growth Strategy failed on a 6-4 vote

 

Tomorrow: In moments of high drama, directors reveal themselves

It took a dramatic three-hour board meeting fraught with accusations of lies, corruption and slander, unruly citizens standing and shouting from the gallery, several points of order and a last-minute, desperate power play, but the Comox Valley Regional District finally denied, with a 6-4 vote, an application by 3L Developments to amend the Regional Growth Strategy in their favor.

The tension was already thick in the cramped CVRD boardroom when Kathleen Pitt stepped to the podium to speak in favor of the 3L application, and then her animosity toward the board took the atmosphere to a whole other level.

Pitt attacked the board for fumbling 3L’s bid to build about 1,000 houses in the Puntledge River triangle, near Stotan Falls, suggesting there were “back room deals” and said directors told “lies” and insinuated widespread “corruption” at the CVRD.

When Pitt referenced a human rights violation by a director not at the board table, Cumberland Director Gwyn Sproule called for a “point of order,” suggesting the comments crossed over into slander. Area A Director and Board Chair Bruce Joliffe paused the meeting and Pitt eventually apologized.

But the dramatics were just getting underway.

Speaking against the 3L application, Lisa Christensen accused 3L of bullying and other nefarious tactics to force the CVRD into approving their Riverwood subdivision. That caused a man in the gallery to stand, point at the speaker and shout, “This isn’t slander?”

Joliffe stopped the meeting again to tell everyone to “calm down.” The man grabbed his coat and left the room, and not long after that Pitt also left with other 3L supporters.

The board eventually got down to business and the gallery quieted down, temporarily.

On the table were reports from the CVRD Technical Advisory Committee and the 3L Steering Committee that both recommended the board deny the 3L application at first reading. You can read the reports here or here.

But 3L had also asked the board to postpone first reading and extend the timeframe for considering their application by around six months. Company spokesperson Mark Holland said the company had applied in 2014 when certain studies on traffic and environmental concerns weren’t required as they are in 2017. 3L has not completed these studies.

That’s when Alternate Area C Director Curtis Scoville brought a sharp focus to the board discussion.

Scoville said it sounded like the board was discussing two separate issues: one, the application by 3L to amend the RGS to create a new settlement node; and, two, a desire by some directors to review and update the RGS.

“Shouldn’t we treat these two separately?” he asked.

Alana Mullaly, the CVRD’s Manager of Planning Services, responded that the key difference between Scoville’s two issues was that an RGS document would be reviewed when the board felt key principles were no longer valid, that it’s goals weren’t current or that the community no longer shared a value expressed in the RGS.

But, she said, the CVRD’s Regional Growth Strategy is the only RGS in the province that allows applications for amendment from a private third party, such as 3L. In the other regional districts, only a member municipality — for example, Comox, Cumberland or Courtenay — could apply to amend an RGS.

Comox Director Barbara Price then made a motion to approve the staff recommendation to deny the 3L application.

But before the board finishing discussing the motion and called for a vote, Courtenay Director Mano Theos suddenly announced he had “new information from the applicant.”

That surprised everyone because it was the first indication from Theos that he had such information. He was seated directly in front of the 3L owner and representatives, about three feet away.

Theos asked the board to allow 3L spokesperson Mark Holland, a Vancouver urban planner hired by the company just days before the meeting, to speak.

Holland told the board that if it proceeded to a vote on first reading, as per Price’s motion, without first considering 3L’s request for a postponement and extension, then 3L would withdraw its application entirely. He said the company didn’t want to be judged on 2017 requirements when they had applied in 2014.

The gallery, which by that time comprised mostly 3L opponents, rose back to life with rumblings of delight: “Perfect, withdraw,” and “exactly what we want.”

After much more discussion, Erik Eriksson voted with Larry Jangula, Mano Theos and Ken Grant to oppose the motion, but the six other directors voted in favor.

3L Developments can still reapply to amend the RGS, but they have a narrow window to do so.

The CVRD is itself in the process of amending the Regional Growth Strategy to no longer allow private party applications to amend the document. That will bring the Valley’s RGS in line with the province’s other regional districts.

That amendment could pass as early as next month.

 

Common sense prevails at CVRD over amending the RGS

Common sense prevails at CVRD over amending the RGS

An overwhelming majority of directors defeated a motion to consider an amendment to the Regional Growth Strategy via the”minor process” to enable 3L Developments 740-house community near Stotan Falls. But this is still an early round in the 11-year saga

 

NOTE: this story was updated July 26 to report that 3L Development has decided to proceed with its request for an amendment to the RGS despite the CVRD board deciding it would only do so via the standard amendment process, and to correct the vote total as 7-3 against. 

Common sense prevailed at the Comox Valley Regional District board meeting yesterday, July 24, as directors voted 7-3 to reject considering a proposed amendment to the Regional Growth Strategy via an expedited process.

Only Courtenay Mayor Larry Jangula, Courtenay Councillor Mano Theos and Comox Councillor Ken Grant voted in favor. The vote required a two-thirds majority for passage, so it failed overwhelmingly.

The CVRD did, however, vote unanimously to initiate the amendment process, which 3L Developments requested as a first step in a long process to build a 740-house new community near Stotan Falls.

3L spokesperson Kabel Atwall has said repeatedly that the company would only proceed via the minor amendment process, but it announced on July 25 that it would continue with its application via the standard process, which involves consultations with neighboring regional districts as well as local governments and the public.

3L said after the meeting it would make an announcement this morning, July 25.

The two votes yesterday, were narrowly focused on whether to consider amending the RGS at all, and, if so, whether it qualified as a minor or standard process by the rules the directors themselves have written into the bylaw.

It was not a vote on the merits of the proposed development, known as Riverwood.

That point seemed to escape directors Larry Jangula and Mano Theos who argued in favor of going the minor process based on a shortage of available building lots, job creation and 3L Developments offer to donate land for a public park surrounding the popular Stotan Falls swimming area.

“Think of the jobs and housing we’ll lose if we shoot this down,” Jangula said.

Area B Director Rod Nichol, who voted against the minor process, set Jangula straight.

“We’re not here to shoot it down,” Nichol said. “We’re deciding to go minor or standard.”

Grant at least kept his comments in support of the minor process on topic.

But it wasn’t only Jangula and Theos who didn’t understand the question before the board, all seven of the pro-development speakers also argued based on housing shortages and a desire for a public park, not whether the 3L application met the minor process criteria.

Only long-time Comox Valley realtor Dale McCartney even mentioned the minor versus standard amendment process question. He dismissed the standard process because he said the decision should be made solely within the Comox Valley.

How we got here

3L Developments first proposed a new, self-contained community on 550 acres between the Browns and Puntledge rivers in 2007. The CVRD rejected it  while developing its Regional Growth Strategy, but was later told by the BC Supreme Court to give the proposal a fuller consideration.

Because the Riverwood community isn’t included in the Regional Growth Strategy, 3L applied to have the RGS amended.

The CVRD is the only regional district in the province to allow developers or other private parties to apply for RGS amendments. In all other regional districts, only another government entity can apply to amend the RGS.

The CVRD passed first reading of its own amendment to the RGS at yesterday’s meeting to change that element of its growth bylaw, which will bring the Comox Valley in line with the rest of British Columbia.

At two previous Committee of the Whole meetings, which are not full-board meetings, a majority of directors first rejected recommending the minor process on July 10, then voted in favor of recommending it to the full board at a second meeting on July 17.

Yesterday was the first time the full board had considered the amendment issue.

Courtenay Councillor Bob Wells, Nichol and Area A Director Bruce Jolliffe changed their votes from pro-minor on July 17 to against it yesterday and swung the majority toward a standard process.

Wells, Nichol and Jolliffe probably heard from constituents aghast at how they could ignore clearly written criteria for a minor process, none of which the 3L Development proposal meets.

Their votes also rankled Mayor Jangula, who told radio station 98.9 The Goat, that he found it “amazing” the directors would change their vote due to “I think, the psychological pressure of all the opposed people.”

Jangula reportedly said he didn’t consider that good leadership. By “that,” he seemed to refer to listening to other points of view.

Record number of delegations

At the top of yesterday’s meeting, the board agreed to hear more than its usual number of delegations, including several that had applied to speak after the deadline.

Seven of those spoke in favor of the minor process by way of supporting the Riverwood development, and the five who were opposed stayed mostly on topic.

Diana Schroeder, a 10-year Valley resident asked for clarification of the issues before the board. She asked if the question was whether to allow the development or to accept the park land. She was told no, the question is about the process.

“Oh,” she said, “because I was confused. All the previous speakers were talking about parks.”

Kabel Atwall, speaking for 3L Developments, not as a delegation, said it’s been 11 years and many confusing missteps, which concerned him because “it’s our side that has to point them out.” He said without an amendment to the RGS, 3L would not offer up land for a Stotan Falls park. He said Riverwood would address the Valley’s housing shortage. He read a letter of support from Central Builders Home Hardware.

Atwall claimed the company will make a $780 million capital investment in Riverwood. If they develop 1,000 lots, that’s an investment of $780,000 per lot before house construction and operating profit.

D. Eliason, who owns a home improvement company, said his family was “pigeon-holed to a lot in Crown Isle” when he moved here because there wasn’t anything else available. If Riverwood was available, he would have preferred it. He praised the parkland offer and asked the board to expedite the process.

Greg Hart, the managing broker of Royal LePage, said the Valley has had a critical shortage of houses on the market since 2016.

“If you want to talk affordable housing, we to talk about supply,” he said. “Because local people can’t afford them”

Hart said the Valley “needs product on the market.”

Dale McCartney said there was no such thing as urban sprawl in the Comox Valley.

Ken and Gladys Schmidt, who live near the Riverwood site, says the Stotan Falls area is a parking nightmare now, with garbage strewn around and toilet paper hanging from trees. A developed park with parking lots and sanitation would improve that.

N. Strussi, who described himself as a sportsman, offered directors a tour of the area he has roamed since he was a kid. He wondered why we have to have so much bureaucracy.

P. Walker, a retired airline pilot, complained about how the CVRD handled his own small land development project south of the Trent River. He called 3L founder David Dutcyvich “a visionary” who is handing the CVRD a complete package. He urged the board to fast track the proposal before there’s a “ferris wheel” on the property.

L. Wilson has lived in the area for 45 years and called herself an avid hunter and outdoors person. She said a park near Stotan Falls would provide sanctuary for wildlife, such as deer, that are being driven into cities by diminishing habitat.

“People love to see deer in their yards,” she said.

Diana Schroeder was the first of several speakers to address the issue before the board. She said there was no “wiggle room” in the criteria for a minor amendment to the RGS. To consider the 3L proposal via the minor process “mocks the intent of the Regional Growth Strategy.”

She raised questions about water, fire protection, public transit, compatibility with Courtenay’s Urban Forest Strategy, and other topics.

“These are questions that can only be answered by the standard amendment process,” she said. “And it should take time. The 3L proposal will change the Comox Valley forever.”

D. Bostock suggested the rural Official Community Plan offers other means of preserving land for a park at Stotan Falls. She called the Browns River watershed critical, and, with the Puntledge, provides a natural urban containment, which preserves the rural character surrounding our cities. She disputed 3L’s claims of job creation, saying they can only transfer density from other existing settlement areas, which would then lose construction jobs.

Grant Gordon said the old north Island regional district was divided into two, creating the CVRD, because Courtenay, Comox and Campbell River didn’t like north Island directors interfering with their planning. He said the compromise was the Regional Growth Strategy to sustain our rural areas. He said all the pro-3L speakers were out of order because they didn’t address the issues at hand, and he claimed the municipal directors have too much power over Area A, B and C directors.

Lisa Christianson said she opposes developments that skirt proper procedures for expediency. Since Riverwood would have a major impact on the Valley, she said there’s no way it should qualify for a minor process. She questioned a concern of some directors to get the amendment process completed by the Oct. 20 municipal elections. She was confident that new directors will be competent to deal with the issue.

Wendy Morin, who has lived her entire 55 years in the Valley, said while she’s sympathetic to the affordable housing argument, she said it’s “unfathomable” that the 3L application could fit the minor process criteria. She noted the staff report that said the current settlement areas are not close to capacity and she worried about issues such as water consumption and the city’s Urban Forest Strategy.

What’s next

The CVRD will immediately notify neighboring regional districts in Nanaimo, Powell River and Strancona of an upcoming RGS amendment proposal for their comment.

CVRD staff will begin working on a consultation plan and time frame for the board to review at its August meeting.