REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE REGULAR MEETING OF THE BOARD
OF THE REGIONAL DISTRICT OF NANAIMO HELD ON
TUESDAY, SEPTEMBER 12, 2000, AT 8:05 PM IN THE
NANAIMO CITY COUNCIL CHAMBERS

Present:

Director G. Holme Chairperson
Director L. Elliott Electoral Area A
Director B. Sperling Electoral Area B
Director E. Hamilton Electoral Area C
Director D. Haime Electoral Area D
Director J. McLean Electoral Area F
Director J. Stanhope Electoral Area G
Alternate
Director J. Pipes Electoral Area H
Director J. Macdonald City of Parksville
Director T. Westbroek Town of Qualicum Beach
Director L. Sherry City of Nanaimo
Director D. Rispin City of Nanaimo
Director G. Korpan City of Nanaimo
Director T. Krall City of Nanaimo
Director L. McNabb City of Nanaimo
Director B. Holdom City of Nanaimo

Also in Attendance:
K. Daniels Chief Administrative Officer
N. Connelly Gen. Mgr. of Community Services
B. Lapham Gen. Mgr. of Development Services
C. Mason Gen. Mgr. of Corporate Services
J. Finnie Gen. Mgr. of Environmental Services
M. Pearse Manager of Administrative Services

DELEGATIONS

D. Cichy, re Illegal Accessory Building � 1485 Sunrise Drive � Area G.

Mr. Cichy was not in attendance.

BOARD MINUTES

MOVED Director Sherry, SECONDED Director Krall, that the minutes of the regular Board meeting held on Tuesday, August 8, 2000, be adopted.

CARRIED

COMMUNICATIONS/CORRESPONDENCE

W. Young, Chairman, District 69 Recreation Commission, re Resignation from D69 Recreation Commission.

MOVED Director Stanhope, SECONDED Director Macdonald, that the correspondence from W. Young, District 69 Recreation Commission with respect to his resignation from the Commission, be received.

CARRIED

Joan van der Goes, re Resignation from the Electoral Area �A� Parks, Recreation and Greenspace Advisory Committee.

MOVED Director Elliott, SECONDED Director Hamilton, that the correspondence from Joan van der Goes with respect to her resignation from the Electoral Area �A� Parks, Recreation and Greenspace Advisory Committee, be received.

CARRIED

UNFINISHED BUSINESS

Public Hearing.

Bylaw No. 500.263 � 3536696 Canada Incorporated.

MOVED Director Hamilton, SECONDED Director Sherry, that the Summary of Proceedings of the Public Hearing held August 31, 2000 in accordance with the public notification of "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.263, 2000", Attachment 3, be received.

CARRIED

MOVED Director Hamilton, SECONDED Director McNabb, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.263, 2000" be granted 3rd reading.

CARRIED

MOVED Director Hamilton, SECONDED Director McNabb, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.263, 2000" be held pending completion of the conditions as outlined in Schedule 1.

CARRIED

DEVELOPMENT SERVICES STANDING COMMITTEE

MOVED Director Hamilton, SECONDED Director Sherry, that the minutes of the regular Development Services Committee meeting held August 15, 2000, be received for information.

CARRIED

COMMUNICATIONS/CORRESPONDENCE

Deanna Miller, re Voting on Land Use Issues.

MOVED Director Hamilton, SECONDED Director McNabb, that the correspondence received from Deanna Miller with respect to the voting authority on land use issues and home based business, be received for information.

CARRIED

Kathleen Lewis, Spider Lake Community Association, re Voting on Land Use Issues.

MOVED Director Hamilton, SECONDED Director Pipes, that the correspondence received from Kathleen Lewis with respect to voting authority on land use issues, be received for information.

CARRIED

Jack Pipes, re Voting on Land Use Issues.

MOVED Director Hamilton, SECONDED Director McNabb, that the correspondence received from Jack Pipes with respect to voting authority on land use issues, be received for information.

CARRIED

Mary Jane Puckrin & Barry Hedley, re Voting on Land Use Issues.

MOVED Director Hamilton, SECONDED Director McNabb, that the correspondence received from Mary Jane Puckrin and Barry Hedley with respect to voting authority on land use issues, be received for information.

CARRIED

UNFINISHED BUSINESS

Home Based Business Review.

MOVED Director Hamilton, SECONDED Director Sherry, that the Draft Home Based Business Strategy as contained in Schedule 1 be received.

CARRIED

MOVED Director Hamilton, SECONDED Director Sherry, that the "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987" amendment process for home based business be endorsed.

CARRIED

BUILDING INSPECTION

Section 700 Filings.

The Chairperson advised that the following filing has been rectified:

Lot 23, District Lot 28, Nanoose Land District, Plan VIP62528, 1761 Admiral Tryon Boulevard, Electoral Area �G�, owned by L. and K. Shelton;

The Chairperson listed each filing and asked that any property owner in the audience wishing to address the Board, to come forward when their name was called.

MOVED Director Hamilton, SECONDED Director Krall, that a notice be filed against the title of the properties listed, pursuant to Section 700 of the Local Government Act and that is the deficiencies are not rectified within ninety (90) days, legal action will be pursued:

  1. Lot 50, Section 14, Range 1, Cedar Land District, Plan 27083, 2184 Hummingbird Drive, Electoral Area �A�, owned by R. Watson and D. Varney;
  2. Lot A, District Lot 28, Nanoose Land District, Plan VIP60624, 1395 West Island Highway, Electoral Area �G�, owned by Revelstoke Home Centres Ltd.;
  3. Lot 3, District Lot 56, Nanoose Land District, Plan 11289, 1465 East Island Highway, Electoral Area �G�, owned by D. Curran, G. Armstrong and R. Askew.

CARRIED

PLANNING

AMENDMENT APPLICATIONS

Application No. ZA 0007 � Greaves/Burgess � 1880 Claudet Road � Area E.

MOVED Director Hamilton, SECONDED Director Sherry, that Amendment Application ZA 0007 to amend the "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987" to rezone the property legally described as Lot 5, District Lot 84, Nanoose District, Plan 47545 from Resource Management 3 (RM3) Subdivision District �B�, to Rural 5 (RU5) Subdivision District �D�, be approved, subject to the conditions outlined in Schedule 1.

CARRIED

MOVED Director Hamilton, SECONDED Director Korpan, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.265, 2000" which rezones the property legally described as Lot 5, District Lot 84, Nanoose District, Plan 47645 from Resource Management 3 (RM3) Subdivision District �B�, to Rural 5 (RU5) Subdivision District �D�, be given 1st and 2nd reading and proceed to public hearing to be chaired by the Director for Electoral Area �E� subject to the requirements outlined in Schedule �2�.

CARRIED

DEVELOPMENT PERMIT APPLICATIONS

Application No. 9808 � Royal Canadian Legion � 7227 Lantzville Road � Area D.

MOVED Director Hamilton, SECONDED Director McNabb, that the request from Royal Canadian Legion, Seaview Centennial (Pacific No. 257) for revisions as outlined in Schedules �4� and �5� to Development Permit No. 9808 issued April 21, 1999 on the property legally described as Lot 1, District Lot 27G, Wellington District, Plan 48393 be approved as outlined in Alternative 1.

CARRIED

DEVELOPMENT VARIANCE PERMITS

Application No. 0009 � Pritchard � 5205 Gainsberg Road � Area H.

MOVED Director Hamilton, SECONDED Director McNabb, that Development Variance Permit No. 0009 submitted by Wayne and Betty Pritchard, requesting that the setback from the sea requirement be relaxed from 8.0 metres horizontal distance to 4.9 metres horizontal distance as shown on the Sketch Plan of Lot A, Plan VIP64866, DL 27, Newcastle District in order to accommodate the existing deck and the original portion of the single dwelling unit, be approved subject to notification procedure pursuant to the Local Government Act.

CARRIED

OTHER

Electoral Area A Issues.

MOVED Director Hamilton, SECONDED Director McNabb, that the staff report outlining a response to issues concerning Electoral Area �A�, be received and the response be forwarded to Mrs. Burnett.

CARRIED

Proposed Boundary Expansion � Town of Qualicum Beach.

MOVED Director Hamilton, SECONDED Director Stanhope, that the referral from the Ministry of Municipal Affairs be received, and that the Ministry be advised that the Regional District of Nanaimo does not support the boundary expansion proposal by the Town of Qualicum Beach.

A recorded vote was requested.

A short recess was called.

The meeting reconvened at 8:35 pm.

The question was called on the motion.

The motion CARRIED with Directors Holme, Hamilton, Sherry, Haime, Holdom, Elliott, McLean, Korpan, Rispin and Stanhope voting in the affirmative and Directors Pipes, Westbroek, Sperling, Macdonald, McNabb and Krall voting in the negative.

ENVIRONMENTAL SERVICES STANDING COMMITTEE

MOVED Director Sherry, SECONDED Director McNabb, that the minutes of the Environmental Services Committee meeting held August 22, 2000, be received for information.

CARRIED

LIQUID WASTE

Pump and Haul Amendment Bylaw No. 975.20 � Lot 32, Dolphin Drive� Area E.

MOVED Director Sherry, SECONDED Director Macdonald, that the application for exclusion from the pump and haul service be approved for the following property:
Lot 49, District Lot 78, Nanoose District, Plan 14275
Dolphin Drive
Randal Jenkins
Area E

CARRIED

MOVED Director Sherry, SECONDED Director Hamilton, that "Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.20, 2000" be read three times and forwarded to the Inspector of Municipalities for approval.

CARRIED

RDN Sewage Disposal Regulation Bylaw No. 1224.

MOVED Director Sherry, SECONDED Director Macdonald, that this item be deferred to a future Environmental Services Committee meeting.

CARRIED

Southern Community Sewer Development Cost Charges � Nanaimo Travellers Lodge.

MOVED Director Sherry, SECONDED Director McNabb, that the development cost charges for the Nanaimo Travellers Lodge expansion be reduced by 50%.

CARRIED

SOLID WASTE

Waste Export � Emergency Backup and Non-exportable Wastes Disposal.

MOVED Director Sherry, SECONDED Director Macdonald, that the RDN utilize reserve capacity at the Regional Landfill to provide emergency back up and disposal of non-exportable wastes to be reviewed in the year 2005.

CARRIED

Residual Solid Waste Management Plan Stage Two Report.

MOVED Director Sherry, SECONDED Director Stanhope, that the Stage Two Residual Solid Waste Management Plan be approved by the Board and submitted to the Ministry of Environment, Lands and Parks.

CARRIED

Director Stanhope left the meeting citing a possible conflict of interest with the next item.

OTHER

Conditions of Sewer Infrastructure Grant for Area G.

MOVED Director Sherry, SECONDED Director McNabb, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.264, 2000" be given 1st and 2nd reading and proceed to Public Hearing.

CARRIED

 

MOVED Director Sherry, SECONDED Director McNabb, that the Public Hearing be chaired by the Director for Electoral Area �E�, Director George Holme, or his alternate.

CARRIED

MOVED Director Sherry, SECONDED Director McNabb, that administration bring forward a report indicating the impact of implementing a similar bylaw in each Electoral Area.

CARRIED

Director Stanhope returned to the meeting.

SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE

Aggregates Study Select Committee.

MOVED Director McNabb SECONDED Director Krall, that the minutes of the Aggregates Study Select Committee meeting held August 30, 2000, be received for information.

CARRIED

Growth Management Plan Performance Review Committee.

MOVED Director Krall, SECONDED Director Stanhope, that the minutes of the Growth Management Plan Performance Review Committee meeting held August 23, 2000, be received for information.

CARRIED

Large Land Holdings Study Select Committee.

MOVED Director Hamilton, SECONDED Director Elliott, that the minutes of the Large Holdings Study Select Committee meeting held August 22, 2000, be received for information.

CARRIED

MOVED Director Hamilton, SECONDED Director McLean, that the Large Land Holdings Study be received, that its recommendations be considered for incorporation into the Growth Management Plan during the next review, and that staff consult with the owners of the Categories 1, 3 and 4 large land holdings as identified by the Study.

MOVED Director Macdonald, SECONDED Director Stanhope, that the motion be amended by adding the words "prior to the growth management review".

CARRIED

The question was called on the main motion as amended.

The motion CARRIED.

ADMINISTRATOR�S REPORT

Bylaw 500.266 � Zoning Amendment Notification Distances for Rural and Resource Zoned Parcels � Electoral Areas A, C, D, E, G and H.

MOVED Director Hamilton, SECONDED Director Macdonald, that the "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.266, 2000" that amends Part 3 Section 3.3 �Notice of Amendment� to increase the notification distance for properties either zoned or proposed to be zoned Rural or Resource Management from 100 metres to 200 metres be given 1st and 2nd reading.

CARRIED

MOVED Director Hamilton, SECONDED Director Krall, that the Regional District of Nanaimo waive the holding of a public hearing with respect to "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.266, 2000" in lieu of notification of the Bylaw pursuant to the Local Government Act.

CARRIED

Gaming Control Act � Bill 30.

MOVED Director Stanhope, SECONDED Director McNabb, that the Board support the UBCM response to Bill 30 (Gaming Control Act).

CARRIED

Illegal Accessory Building � Cichy, David and Barbara � 1485 Sunrise Drive � Area G.

The Administrator indicated that Mr. Cichy is working towards resolving the issue with his accessory building.

MOVED Director Stanhope, SECONDED Director Hamilton, that no further action be taken at this time.

CARRIED

NEW BUSINESS

Board Selection Committee Appointments.

MOVED Director Stanhope, SECONDED Director McLean, that Craig Young be appointed to the District 69 Recreation Commission as a representative of Electoral Area �G� for a term ending January 1, 2003.

CARRIED

Highway 4A.

MOVED Director McLean, SECONDED Director Sherry, that the District request the Ministry of Transportation and Highways to consider including left turn lanes at the intersections of McLean, Pratt, Howard and Clark during their refurbishing of Highway 4A.

CARRIED

Select Committee Agendas.

Director Haime requested that all Board members receive copies of Select Committee agendas.

ADJOURNMENT

MOVED Director Sherry, SECONDED Director Stanhope, that this meeting adjourn to allow for an in camera meeting.

CARRIED

TIME: 8:50 PM.

IN CAMERA

MOVED Director Krall, SECONDED Director McLean, that pursuant to Section 242.2(1)(h) of the Local Government Act that the meeting be closed to consider a matter of litigation or potential litigation affecting the Local Government.

CARRIED

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CHAIRPERSON GENERAL MANAGER, CORPORATE SERVICES