by Marcel Tetrault
Originally published by Comox Valley Echo here.

Friday, July 03, 2009

A sleeping giant has awoken in Cumberland.

Little has been heard about the huge Trilogy development along the Inland Island Highway since November of last year.

That was when, just two days before the municipal election, village council approved third reading of the bylaws that would allow the project to move forward.

On Monday, those bylaws were rescinded, at first glance a step backward for the 300-hectare, 2,000-unit project.

But the move was in fact the result of months of legal wrangling between village and Trilogy lawyers and new bylaws, with the legal concerns addressed, were quickly approved for second reading with only Coun. Kate Greening opposed.

"I just think (the Trilogy proposal) doesn't fit with the overall vision the village has had for a long time," she said. "It doesn't comply with the OCP (official community plan)."

But the other two councillors present, Bronco Moncrief and Leslie Baird, moved each of the new bylaws and essentially approved them on their own, with Coun. Gwyn Sproule, who opposes parts of the project, not present. Mayor Fred Bates typically votes only in the event of a tie.

One of the biggest changes involves the comprehensive development agreement that outlined obligations that had to be met before the project could move forward.

That agreement, like the prior bylaws, has also been rescinded. It was replaced with a covenant that will be registered against the property should the project proceed.

Staff and council said the reasons for the change were essentially legal ones - the covenant was just a different legal tool.

"Some parts of (the CDA) were a bit fuzzy and didn't protect the village enough," said planner Judith Walker.

And Bates told the Echo that the new bylaws, despite the procedural step backwards, were in fact a big move ahead for the project.

"I think it is taking a big step forward," he said. "We've met the legal concerns both parties had. That's a huge step."

And despite the downturn in the housing market, Bates is confident the economy will not stop the development from moving towards getting shovels in the ground.

"Commercial growth has gone on in Courtenay, hotels etcetera," said Bates. "This economic climate has not really retarded commercial growth so much."

Besides about 850,000 square feet of primarily commercial space, the development also proposes somewhere around 1,400 multi-family residential units and another 400 single family homes.

The new covenant includes a provision requiring Trilogy to pay $4.5 million - previously referred to as an amenity payment - to the village as various lots are developed.

The document includes other interesting tidbits, including an acknowledgement by Trilogy that the proposal has incurred "significant" legal and staff costs for the village, development of the lands will "very substantially" increase demand on village infrastructure and increased tax revenue from the development "will not fully compensate" the village for those costs.

The agreement also allows for clearing and excavation of the land before subdivision approvals and outlines the actions that must be taken regarding other contentious issues, such as disruption at Village Park and relocation of the existing BMX track.

It also proposes the donation of one lot to the Comox Valley Economic Development Society for the construction of a "tourism and economic building," the North Island Discovery Centre.

Other substantial changes include exempting Trilogy from the village's resolution on private water and sewer and rescinding a long list of conditions previously imposed on Trilogy.

Staff and council assured residents that the changes to the agreement "do not affect use and density of any of the bylaws."

TRILOGY PUBLIC HEARING POSTPONED

A public hearing for the Trilogy project advertised for Tuesday, July 7 will not take place.

Staff had recommended that date be set but, due to one remaining "legal technicality", the hearing as well as the public information meeting scheduled to occur just prior to it were not approved by council.

The technical issue involves drafting a letter of agreement with respect to whether or not there are any other promises that have been made outside of the new covenant with respect to the project.

"It's language that would protect the village as well as Trilogy," said Cumberland Mayor Fred Bates.

"If a consultant or a staffer promised Trilogy that we'd give them something and that did not form part of council's agreement, then we're saying you can't (hold us) to those kinds of things.

"Obviously ... they want to be very sure ..., before they sign such a document, that they aren't things that we've agreed by resolution to do."

Bates said he hoped the issue could be resolved "in hours, literally."

Staff had originally recommended that an hour-long public information meeting be held immediately prior to the public hearing, but that has also been put off to an unspecified future date.

mtetraultcomoxvalleyecho.com

© Comox Valley Echo 2009