REGIONAL DISTRICT OF NANAIMO
REGULAR BOARD MEETING
TUESDAY, FEBRUARY 8, 2000
(immediately following Hospital Board Meeting)
(Nanaimo City Council Chambers)

A G E N D A

PAGES

1. CALL TO ORDER

2. DELEGATIONS

10 Paul Kepka, Brechin Views, re Waiving of Tipping Fees.

10 Gail Beck, Brechin Views, re Waiving of Tipping Fees.

3. BOARD MINUTES

11-17 Minutes of the regular Board meeting held on Tuesday, January 11, 2000.

4. BUSINESS ARISING FROM THE MINUTES

    1. COMMUNICATIONS/CORRESPONDENCE

18 Sandra Keddy, Town of Qualicum Beach, re District 69 Recreation Commission Appointment.

19 Dan Whiting, School District No. 69, re District 69 Recreation Commission Appointment.

20 J. R. McKenna, re Development Permit No. 9919 � Pacific Shores � Area E.

21 Frank Bunting, re Development Permit No. 9914 � Caimmaichella/MacDonnell � 7180 Lantzville Road � Area D.

6. UNFINISHED BUSINESS

For Adoption.

22 Bylaw No. 1197 � Security Issuing Bylaw (City of Nanaimo). (All Directors � Weighted Vote)

23-25 Bylaw No. 500.223 � Whiskey Creek Holdings � Horne Lake & Thorpe Roads - Area H. (All Directors except EA �B� � One Vote)

7.(1) DEVELOPMENT SERVICES STANDING COMMITTEE

26-31 Minutes of the regular Development Services Committee meeting held January 18, 2000. (for information)

UNFINISHED BUSINESS

From the December 14, 1999 Board Meeting:

Development Permit Application No. 9918 �Caillet Street Restaurant/de Beeld � 7143 Caillet Road � Area D. (All Directors except EA �B� � One Vote)

That Development Permit Application No. 9918, to facilitate the conversion of an accessory dwelling to a restaurant addition on the property legally described as Lot 2, District Lot 27G, Wellington District, Plan 36633 be approved with relaxation of the front yard (Caillet Road) setback from 8.0 metres to 0.5 metres and relaxation of the side yard setback (east property line) from 5.0 metres to 0.0 metres to allow for parking spaces.

That the motion with respect to Development Permit Application No. 9918 be subject to a landscape buffer being installed along the east (neighbouring) property line.

Development Permit Application No. 9919 � Pacific Shores Resort � 1600 Strougler Road � Area E. (All Directors except EA �B� � One Vote)

That the variances requested, with the exception of the variance for setback of the off-street parking area, as part of the proposed amendment to the corresponding development permit be approved subject to the conditions attached as Schedule 1, in addition to those conditions set out in the previous staff report.

Development Variance Permit Application No. 9912 � Williams/Morrison � 2086 Rolston Place � Area E. (All Directors except EA �B� � One Vote)

That Development Variance Permit Application No. 9912 to vary the minimum setback requirements of the Residential 1 (RS1) zone from 4.0 metres from the front lot line, 1.4 metres from the side lot line and 3.0 metres from other lot lines to legalize the location of existing retaining walls on the property legally described as Lot 45, District Lot 78, Nanoose District Plan VIP53134, be adopted.

BUILDING INSPECTION

Section 700 Filings. (All Directors � One Vote)

That a notice be filed against the titles of the properties listed, pursuant to Section 700 of the Municipal Act and that if the deficiencies are not rectified within ninety (90) days, legal action will be pursued:

    1. Lot 1, Section 12, Range 2, Cranberry District, Plan 34763, 609 Chapman Road, Electoral Area �C�, owned by Bernard Dodd;
    2. That part of Lot 9, Section 17, Range 1, Cedar District, Plan 8843, Lying to the south of a boundary parallel to and perpendicularly distant 160 feet from the southerly boundary of said Lot 9, except parts in Plans 18064 and 19633, 1568 MacMillan Road, Electoral Area �A�, owned by Shari and Mark Poulsen;
    3. Lot A, Section 14, Range 1, Cedar District, Plan VIP55307, 1885 Starling Road, Electoral Area �A�, owned by Leslie Lindquist;
    4. Lot 111, Section 12, Gabriola Island, Nanaimo District, Plan 23435, 1155 McGillvary Avenue, Electoral Area �B�, owned by Joanne Horton;
    5. Lot 23, Section 21, Gabriola Island, Nanaimo District, Plan 12655, 230 Decourcey Drive, Electoral Area �B�, owned by David Brown;
    6. Lot 1, Section 15, Gabriola Island, Nanaimo District, Plan 25118, 1480 North Road, Electoral Area �B�, owned by Margaret Tait;
    7. Lot 81, District Lot 78, Nanoose District, Plan 15983, 3412 Blueback Drive, Electoral Area �E�, owned by Bruce McOuatt;
    8. Lot 1, Plan 28601, District Lot 10, Nanoose Land District, 1969 Northwest Bay Road, Electoral Area �E�, owned by Serena and Rob Wood
    9. Lot 2, District Lot 88, Nanoose District, Plan 36740, 1084 Ravensbourne Lane, Electoral Area �G�, owned by Debra Larsen, Albert Kiverago and Holiday Holdings Inc.

PLANNING

DEVELOPMENT PERMIT APPLICATION

Application No. 9914 - Ciammaichella/MacDonnell � 7180 Lantzville Road � Area D. (All Directors except EA �B� � One Vote)

Delegations wishing to speak to Application No. 9914.

That the Board resolution of October 12, 1999 denying Development Permit Application 9914 be reconsidered.

That Development Permit 9914 to establish a freestanding sign on the property legally described Lot 7, District Lot 27G, Wellington District, Plan 6757 be approved subject to the conditions outlined in Schedule 1.

 

 

Application No. 9920 � Guy (Pecora Holdings) � 6855 Mart Road � Area D. (All Directors except EA �B� � One Vote)

Delegations wishing to speak to Application No. 9920.

That Development Permit Application No. 9920, to vary the setback to the rear lot line of the Industrial 1 (IN1) zone from 5.0 metres to 0.0 metres to permit the proposed development of an addition on the property legally described as Lot 11, D.L. 44, Plan 15245, Wellington District, be approved as outlined in Alternative No. 1, subject to Schedule 1.

Application No. 9922 � Town of Qualicum Beach � 1000 Ravensbourne Lane � Area G. (All Directors except EA �B� � One Vote)

That Development Permit Application No. 9922, to retroactively approve the removal of trees on the property legally described as Lot 2, District Lot 124, Nanoose District, Plan 42567, be approved.

DEVELOPMENT VARIANCE PERMIT

Application No. 9913 � Demsky � 3225 Decourcey Drive � Area A. (All Directors except EA �B� � One Vote)

Delegations wishing to speak to Application No. 9913.

That Development Variance Permit Application No. 9913 to vary the minimum side yard setback requirements of the Rural 4 (RU4) zone from 8.0 metres to 3.43 metres to legalize the location of an existing dwelling and to permit the development of an addition to the dwelling on the property, legally described as Remainder Lot 1, Section 6, Range 5, Cedar District, Plan 22272, be approved as outlined in Alternative 1 on the condition that a relaxation to 3.43 metres for the existing dwelling be secured by the applicant from the Ministry of Transportation and Highways.

FRONTAGE RELAXATION

Request for 10% Frontage Relaxation � Potter/Foglietta � Myles Land Road and Fernwillow Place � Area C. (All Directors except EA �B� � One Vote)

That the request from Fern Sharron Potter and Edlin Faye Foglietta, to relax the minimum 10% perimeter frontage requirement for proposed Remainder of Lot E as shown on the Plan of Proposed Subdivision of the Lot E, Section 9, Range 3, Cranberry District, Plan VIP57442, be approved in consideration of the applicants entering into Section 219 convenants to be at the applicants� expense.

OTHER

Life Lease Bylaw No. 1198 � Gabriola Garden Homes Society (Senior�s Affordable Housing Complex) � 500 Argyle Lane � Area B. (All Directors � One Vote- 2/3)

    1. That the request from Noel Lenaghan, on behalf of Gabriola Garden Homes Society, to consent to a lease greater than 20 years for the 24 unit senior�s affordable housing project at 500 Argyle Lane, Gabriola Island, be approved.
    2. That "Regional District of Nanaimo Residential Tenancy Act Consent Bylaw No. 1198, 2000" be introduced and read 3 times.
    3. That "Regional District of Nanaimo Residential Tenancy Act Consent Bylaw No. 1198, 2000" be adopted.

Bill 88 Implications on Advisory Planning Commissions. Areas A, C, D, E, G & H. (All Directors � One Vote)

    1. That all Regional District of Nanaimo APC�s be disbanded and that "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987" be amended to repeal the applicable parts of Section 5.
    2. That the "Regional District of Nanaimo Impact Assessment Bylaw No. 1165, 1999" be amended to delegate the authority for requiring a public information meeting, prior to the Board�s consideration of applications for zoning amendments, development permits, and industrial or commercial temporary use permits, to the General Manager of Development Services.
    3. That an AVIM/UBCM resolution be forwarded requesting revisions to the Municipal Act or regulations by the Lieutenant Governor in Council to exempt APCs and the Board of Variance from public deliberations.
    4. That a letter be sent to the Ministry of Municipal Affairs noting the content of the resolution.

Electoral Area �F� Zoning Bylaw No. 1155 � Terms of Reference. (All Directors except EA �B� � One Vote)

That the Terms of Reference for the "Regional District of Nanaimo Electoral Area �F� Zoning Bylaw No. 1155" be approved, and staff be directed to proceed with the completion of the Area �F� Planning Project.

Referral from City of Parksville re Block 564 and District Lot 71 � MacMillan Bloedel (Weyerhaeuser) Lands. (All Directors except EA �B� � One Vote)

That the correspondence from the City of Parksville with respect to Block 564 and District Lot 71, both of Nanoose District be received and staff be instructed to advise the City that the Regional District has official community plans, zoning regulations, subdivision standards and development application information requirements in place that the Regional District feels are adequate to address future related development issues.

AVIM. (All Directors � One Vote)

That the Regional District of Nanaimo Board request the support of the Association of Vancouver Island Municipalities, (AVIM) and the Union of British Columbia Municipalities, (UBCM) to request the Ministry of Health add the following phrase to the bottom of all septic disposal permits approved and issued on Vancouver Island:

"The approval of the septic system and the issuance of this permit in no way relieves the owner or occupier of the responsibility of adhering to all other legislation which may apply to the land. This includes Agricultural Land Commission and Forest Land Commission regulations as well as zoning, subdivision, or other land use bylaws, and decisions of any authorities which have jurisdiction."

7.(2) ENVIRONMENTAL SERVICES STANDING COMMITTEE

32-36 Minutes of the Environmental Services Committee meeting held January 25, 2000. (for information)

SOLID WASTE

Waiving of Tipping Fees � Leaky Condos. (All Directors � Weighted Vote)

That the Board deny the request by the Brechin View Condominium owners and any further requests from other leaky condo owners to waive tipping fees as a result of waste material generated by repairs to their buildings.

LIQUID WASTE

Wembley Road/French Creek Sewer Pre-Design Study. (All Directors � One Vote)

That the report, "Wembley Road/French Creek Sanitary Sewer, Pre-Design Study, October 1999" be received and approved as the required servicing strategy for the Wembley Road area in French Creek.

French Creek Pollution Control Centre � Odour Control.

(Parksville, Qualicum Beach, Electoral Areas E, F, G, & H - Weighted Vote)

    1. That staff be directed to construct odour control works for the septage and ATAD air streams.
    2. (Parksville, Qualicum Beach, Electoral Areas E, F, G, & H - Weighted Vote � 2/3)

    3. That "Regional District of Nanaimo Northern Community Sewer Local Service Area Excess Capital Funds Expenditure (Odour Control Improvements) Bylaw No. 1200, 2000" be introduced and read three times.
    4. That "Regional District of Nanaimo Northern Community Sewer Local Service Area Excess Capital Funds Expenditure (Odour Control Improvements) Bylaw No. 1200, 2000" having received three readings, be adopted.
    5. (All Directors � One Vote)

    6. That once the odour control works have been installed, staff report to the Board on the project impact and whether further works are necessary.

Pump and Haul Amendment Bylaw No. 975.16. (Broom Road � Area F)

(All Directors � One Vote)

That the application for inclusion into the pump and haul service for the following property be accepted:

Lot 2, District Lot 74, Cameron Land District, Plan 36425

That "Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.16, 2000" be read three times and forwarded to the Inspector of Municipalities for approval.

Septage Handling � Trucked Liquid Waste Disposal Amendment Bylaw No. 988.02.

(All Directors � One Vote � 2/3)

That the Board reconsider the motion from the April 13, 1999 Board meeting to prohibit septage from being accepted at Regional District Facilities when a private septage handling firm exists that can accept septage from within the RDN.

(All Directors � One Vote)

That the April 13, 1999 Board motion banning septage be rescinded.

That the subject of septage handling of trucked liquid waste disposal be referred to the Regional District�s Services Review Committee for review of cost recovery options and report back to the Environmental Services Committee.

That staff be directed to supply the cost per residence and the number of residences in the District 69 rural areas which contribute to FCPCC and trucked liquid waste disposal and include these figures in the report.

UTILITIES

San Pareil Water Local Service Area Amendment Bylaw No. 1170.02.

(All Directors � One Vote)

    1. That the existing establishing bylaw be amended to exclude two properties from within the San Pareil Water Supply Local Service Area that were not originally within the Bubbling Springs Private Water Utility. The lots to be excluded are:

905 Shorewood Drive (Lot 2, DL 181, Plan 10285, Nanoose Land District)

941 Shorewood Drive (Lot C, DL 1 & 181, Plan 10875, Nanoose Land District)

2. That the "San Pareil Water Supply Local Service Area Amendment Bylaw No. 1170.02, 2000" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

OTHER

Community Infrastructure and Accessibility Grant Program. (All Directors � One Vote)

That the Board of the Regional District of Nanaimo support the following applications to Municipal Affairs for local government grants:

Round 1 (already submitted)

San Pareil Water System Distribution System Upgrade

Wembley Road Sewer Implementation Works

French Creek Pollution Control Center Foul Air Treatment System

French Creek/Chartwell Water Treatment Study

Deep Bay Rural Residential Servicing Review Study

Qualicum Bay Rural Residential Servicing Review Study

Round 2 (to be submitted)

Lantzville Sewer Development Area Pre-Design Study

7.(3) CORPORATE & COMMUNITY SERVICES STANDING COMMITTEE

7.(4) EXECUTIVE STANDING COMMITTEE

7.(5) COMMISSION

7.(6) SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE

Nanaimo Parks, Recreation & Culture Commission Appointments. (Verbal Report)

37-39 Minutes of the Performance Review Committee meeting held January 12, 2000. (for information)

8. ADMINISTRATOR�S REPORT

40-43 Fire Damaged Mobile Home � 720 Barclay Crescent � Area G. (All Directors � One Vote)

44-45 Renewal of Legal Services Contracts. (All Directors � Weighted Vote)

46-55 Bill 88 Implications for RDN Bylaws No. 500, 1165 and Official Community Plan Bylaws. (All Directors except EA �B� � One Vote)

9. ADDENDUM

10. BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

11. NEW BUSINESS

12. BOARD INFORMATION (Separate enclosure on blue paper)

    1. NOTICE OF MOTION
    2. 14. IN CAMERA

      That pursuant to Section 242.2(1)(c) of the Municipal Act the Board proceed to In Camera meeting to consider a personnel issue.

    3. ADJOURNMENT