By Colleen Dane - Comox Valley Record
Original article here.

The public will have another chance to weigh in on the Trilogy project in Cumberland.

After months of behind-the-scenes work on bylaws and legal agreements regarding the development, 13 bylaws were given second reading by council Monday — 11 of them taken back from third reading to make amendments.

“I think we’ve done pretty well and we definitely have the lawyers onside now,” said Cumberland Mayor Fred Bates following the completion of a 280-page agenda.

The first major change introduced was the switch from a Comprehensive Development Agreement to a covenant that will be registered on title for the property.

Legal counsel advised the village in January that a covenant was more appropriate for this stage of the development, after council had supported a CDA last fall.

“The legal people advised us that the Comprehensive Development Agreement was too detailed for this time,” said Bates, explaining that they had originally gone with a CDA because it better reflected language in the Official Community Plan.

The new covenant, which was approved in principle by council Monday, says no further subdivision (aside from some initial large-scale ones) will be allowed until development plans are further laid out, and no development will be allowed until areas are full serviced. The amenity contribution of $4.5 million laid out in the CDA is now a financial contribution schedule in the covenant.

The document also lays out Trilogy’s responsibilities regarding replacement of the BMX track and planning for Village Park, as well as requirements around hooking up to municipal services when available and which reports are required before construction can begin.

Council also rescinded some conditions it had laid out for the project and exempted the Trilogy lands from a private/public water and sewerage systems policy. Those items are addressed now in the covenant, said staff.

Council took back third reading on the 11 zoning amendment bylaws for the properties, approved minor changes and then gave them second reading again. The changes in large part reflected the new covenant, clarified maps and did not affect the density or uses proposed in the bylaws.

One change that raised concern was in a rezoning from rural one to residential/greenway. Council was advised it could not blanket the area with both designations and needed to remove the greenway title. They’ll rely on development permits to protect sensitive areas there, said planner Judy Walker.

Coun. Kate Greening opposed all of the bylaws, saying they went against the OCP.

“I just think it doesn’t fit with the overall vision that the village’s had for a long time,” she said. Coun. Gwyn Sproule, who’s consistently voted against Trilogy, was absent from the meeting. Coun. Bronco Moncrief and Coun. Leslie Baird voted in favour.

Council put off setting a public information or hearing date, saying there were technical issues that needed to be sorted out. Bates explained that verbal commitments needed to be legally agreed upon — and hoped it would be completed soon.