REGIONAL DISTRICT OF NANAIMO
REGULAR BOARD MEETING
TUESDAY, AUGUST 14, 2001
(Nanaimo City Council Chambers)

A G E N D A

PAGES

1.CALL TO ORDER

    1. DELEGATIONS

Brian Smith, Chairperson, Nanaimo Airport Commission, re Update Regarding Nanaimo Airport Commission Issues.

William and Wendy Malainey, re Development Permit Application No. 0115.

11Ed Brook, re Temporary Commercial Use Permit No. 0103 & Development Permit No. 0117 – Fairwinds Development Corp. – Real Estate Office – Andover Road – Area E.

12Kay Brook, re Temporary Commercial Use Permit No. 0103 & Development Permit No. 0117 – Fairwinds Development Corp. – Real Estate Office – Andover Road – Area E.

13Mike Durnin, re Temporary Commercial Use Permit No. 0103 & Development Permit No. 0117 – Fairwinds Development Corp. – Real Estate Office – Andover Road – Area E.

14Jarl Dyrud, re Temporary Commercial Use Permit No. 0103 & Development Permit No. 0117 – Fairwinds Development Corp. – Real Estate Office – Andover Road – Area E.

15Kamal and Lea Moghrabi, re Temporary Commercial Use Permit No. 0103 & Development Permit No. 0117 – Fairwinds Development Corp. – Real Estate Office – Andover Road – Area E.

16Tony Ransom, re Temporary Commercial Use Permit No. 0103 & Development Permit No. 0117 – Fairwinds Development Corp. – Real Estate Office – Andover Road – Area E.

17Dawn Burnett, re Scheduling of Public Hearings.

18Ian Harrison, re Contravention of RDN Building Regulations and Fees Bylaw No. 1250 – 464 Berg Road – Area B.

3.BOARD MINUTES

19-27Minutes of the Regular Board meeting held on Tuesday, July 10, 2001.

4.BUSINESS ARISING FROM THE MINUTES

    1. COMMUNICATIONS/CORRESPONDENCE
    2. 28-35J. Macdonald, City of Nanaimo, T. Westbroek, Town of Qualicum Beach and J. Stanhope, Electoral Area G, re the Area F Draft Zoning Bylaw.

      36-41K. Daniels, re response to Mayors Macdonald, Westbroek and Director Stanhope with respect the Area F Draft Zoning Bylaw.

      42-44Gayle A. Jackson, Acting City Manager, City of Parksville, re the Area F Draft Zoning Bylaw – Potential Impact on City’s Water Supply.

      45K. Daniels, re response to Gayle Jackson, City of Parksville, re the potential impact on Parksville’s water supply.

      46-47Penny Grant, Vancouver Island Regional Library, re Ten Year Facility Plan.

      48-49Ed & Kay Brook, re Temporary Commercial Use Permit No. 0103 & Development Permit No. 0117 – Fairwinds Development Corp. – Real Estate Office – Andover Road – Area E.

      50-52Mike and Sheila Durnin, re Temporary Commercial Use Permit No. 0103 & Development Permit No. 0017 – Fairwinds Development Corp. – Real Estate Office – Andover Road – Area E.

      53M. & R. Miners, re Temporary Commercial Use Permit No. 0103 & Development Permit No. 0117 – Fairwinds Development Corp. – Real Estate Office – Andover Road – Area E.

      54-55William and Wendy Malainey, re Development Permit Application No. 0115.

      56Victor and Louise Parrack, Gary and Edith Hough, re Development Permit Application No. 0115.

      57David and Wendy Liddiard, re Development Permit Application No. 0115.

      58Alex Rennie, re Development Permit Application No. 0115.

    3. UNFINISHED BUSINESS

For Adoption.

Southern Community Sewer LSA Development Cost Charge Amendment Bylaw No. 1020.02. (All Directors – One Vote)

Public Hearing. (All Directors except EA ‘B’ – One Vote)

59-91Summary of Proceedings of the Public Hearing held July 25, 2001 with respect to Electoral Area ‘A’ Official Community Plan – Bylaw No. 1240, 2001 – Area A.

92-99Minutes of the Public Hearing held August 1, 2001 with respect to Amendment Application No. 9630 – Horne Lake License Holders Association on behalf of Texada Land Corporation (Bylaw Amendment Bylaw No. 500.275) – Area H.

7.STANDING COMMITTEE, SELECT COMMITTEE AND COMMISSION MINUTES AND RECOMMENDATIONS

7.(I)DEVELOPMENT SERVICES STANDING COMMITTEE

100-102Minutes of the regular Development Services Committee meeting held July 24, 2001. (for information)

CORRESPONDENCE/COMMUNICATIONS

Marie Crawford, UBCM, re Premature Building Envelope Failure. (All Directors - One Vote)

That the correspondence from UBCM with respect to the provincial response to the Board’s resolution on Premature Building Envelope Failure, be received.

PLANNING

DEVELOPMENT PERMIT APPLICATIONS

Application No. 0115 – McGarrigle/Sims – Admiral Tryon Boulevard – Area G. (Electoral Area Directors except EA ''''B'''' - One Vote)

That Development Permit Application No. 0115, to vary the minimum ‘other’ lot line setback for the Residential 1 (RS1) zone from 5.0 metres to 0.5 metres and to vary the minimum setback from the natural boundary requirements from 8.0 metres to 7.5 metres pursuant to the RDN’s Land Use and Subdivision Bylaw No. 500, 1987; and to vary the Watercourse Protection Development Permit Area setback from the natural boundary pursuant to the French Creek Official Community Plan Bylaw No. 1115, 1998 from 15.0 metres to 3.0 metres to permit the construction of a retaining wall, and to vary the DPA setback from 15.0 metres to 7.5 metres to permit the siting of the dwelling unit for the property legally described as Lot 18, District Lot 28, Nanoose District, Plan VIP62528, be approved subject to the requirements outlined in Schedule ‘1’ and subject to the notification requirements pursuant to the Local Government Act.

FRONTAGE RELAXATION

Request for Relaxation of the Minimum 10% Perimeter Requirement – Leigh Millan on behalf of Lorraine & Clifford Haslam – 3026 Adshead Road and 2974 Haslam Road – Area A. (Electoral Areal Directors except EA ''''B'''' - One Vote)

That the request from Leigh Millan, BCLS, on behalf of Lorraine Haslam and Clifford Haslam, to relax the minimum 10% frontage requirement for the proposed Homesite Severance parcel and the Remainder of Lot 1, Plan VIP69321, as shown on the plan of subdivision prepared by Leigh Millan, be approved.

Request for Relaxation of the Minimum 10% Perimeter Requirement – Dave Wallace on behalf of 565832 BC Ltd. – off West Road – Area D. (Electoral Directors except EA ''''B'''' - One Vote)

That the request from Dave Wallace, BCLS, on behalf of 565832 BC Ltd., to relax the minimum 10% frontage requirement for proposed Lots 4 and 5, as shown on the plan of subdivision of Part of Lot 3, Range 3, Mountain District, Plan VIP57411, be approved.

OTHER

Building Strata Conversion Application – Philip Sopow – 2525 Myles Lake Road – Area C. (All Directors except EA ''''B'''' - One Vote)

That the request from Philip Sopow, for the building strata conversion as shown on the Sketch Plan of Lot A, Cranberry District, Section 8, Range 3, Plan VIP53510, be approved subject to the conditions being met as set out in Schedule No. 1 of the staff report.

Temporary Commercial Use Permit No. 0103 & Development Permit No. 0117 – Fairwinds Development Corporation – Real Estate Office – Andover Road – Area E. (All Directors except EA ''''B'''' - One Vote)

That Temporary Commercial Use Permit No. 0103 and Development Permit No. 0117, submitted by the Fairwinds Development Corporation Inc. No. 441838 for the property legally described as Lot 56, District Lot 8, Nanoose District, Plan VIP68559, to allow a temporary real estate office use, proceed to a public information meeting prior to the Board’s consideration of these permits, subject to the conditions outlined in Schedule No. 1 and the notification requirements pursuant to the Local Government Act.

NEW BUSINESS

Zoning Regulations for Mobile and Modular Homes – Columbia Beach. (All Directors except EA ''''B'''' - One Vote)

That staff be directed to investigate amendment to the zoning bylaw for the Columbia Beach neighbourhood to disallow mobile or modular homes at Columbia Beach.

7.(II)ENVIRONMENTAL SERVICES STANDING COMMITTEE

103-105Minutes of the regular Environmental Services Committee meeting held July 24, 2001. (for information)

LIQUID WASTE/UTILITIES

Surfside Sewer LSA Reserve Fund Establishment Bylaw No. 1252. (All Directors - One Vote)

1.That "Surfside Sewer Local Service Area Reserve Fund Establishment Bylaw No. 1252, 2001" be introduced and receive first three readings.

(All Directors – Two Thirds)

2.That "Surfside Sewer Local Service Area Reserve Fund Establishment Bylaw No. 1252, 2001", having received three readings, be adopted.

Pacific Shores LSA Reserve Fund Establishment Bylaw No. 1253. (All Directors - One Vote)

1.That "Pacific Shores Sewer Local Service Area Reserve Fund Establishment Bylaw No. 1253, 2001" be introduced and receive first three readings.

(All Directors – Two Thirds)

2.That "Pacific Shores Sewer Local Service Area Reserve Fund Establishment Bylaw No. 1253, 2001" having received three readings, be adopted.

Pump & Haul LSA Amendment Bylaw No. 975.23 – Darryl & Julianne Danner – 1926 Sea Otter Place – Area E. (All Directors - One Vote)

1.That the application for inclusion into the pump and haul service be accepted.

2.That "Regional District of Nanaimo Pump & Haul Local Service Area Amendment Bylaw No. 975.23, 2001" be read three times and forwarded to the Inspector of Municipalities for approval.

French Creek Pollution Control Centre Annual Report on Odour Control. (All Directors - One Vote)

That the ‘2000 Annual Odour Report for the French Creek Pollution Control Centre’ be received.

Funding Request from Green Communities Nanaimo – Residential Source Control & Volume Reduction Education. (All Directors - Weighted Vote)

That the RDN enter into an agreement with Green Communities Nanaimo to provide residential source control and volume reduction education for $3,420,00.

OTHER

Security Issuing Bylaws – Nanoose Bay Bulk Water Supply and French Creek Bulk Water Supply. (All Directors - Weighted Vote)

    1. That "Regional District of Nanaimo (Nanoose Bay Bulk Water Supply) Security Issuing Bylaw No. 1239, 2001" be introduced, given three readings and forwarded to the Inspector of Municipalities for approval.

2.That "Regional District of Nanaimo (Nanoose Bay Bulk Water Supply) Security Issuing Bylaw No. 1242, 2001" be introduced, given three readings and forwarded to the Inspector of Municipalities for approval.

3.That "Regional District of Nanaimo (Nanoose Bay Bulk Water Supply) Security Issuing Bylaw No. 1243, 2001" be introduced, given three readings and forwarded to the Inspector of Municipalities for approval.

4.That "Regional District of Nanaimo (Nanoose Bay Bulk Water Supply) Security Issuing Bylaw No. 1244, 2001" be introduced, given three readings and forwarded to the Inspector of Municipalities for approval.

5.That "Regional District of Nanaimo (Nanoose Bay Bulk Water Supply) Security Issuing Bylaw No. 1245, 2001" be introduced, given three readings and forwarded to the Inspector of Municipalities for approval.

6.That "Regional District of Nanaimo (French Creek Bulk Water Supply) Security Issuing Bylaw No. 1246, 2001" be introduced, given three readings and forwarded to the Inspector of Municipalities for approval.

7.That "Regional District of Nanaimo (French Creek Bulk Water Supply) Security Issuing Bylaw No. 1247, 2001" be introduced, given three readings and forwarded to the Inspector of Municipalities for approval.

8.That "Regional District of Nanaimo (French Creek Bulk Water Supply) Security Issuing Bylaw No. 1248, 2001" be introduced, given three readings and forwarded to the Inspector of Municipalities for approval.

9.That "Regional District of Nanaimo (French Creek Bulk Water Supply) Security Issuing Bylaw No. 1249, 2001" be introduced, given three readings and forwarded to the Inspector of Municipalities for approval.

7.(III)CORPORATE & COMMUNITY SERVICES STANDING COMMITTEE

106-110Minutes of the regular Corporate & Community Services Committee meeting held July 24, 2001. (for information)

CORRESPONDENCE/COMMUNICATIONS

Marie Crawford, UBCM, re Rescue Services on Rural Highways. (All Directors - One Vote)

That the correspondence received from UBCM with respect to the provincial response to the 2000 resolution put forward by the Board regarding rescue services on rural highways, be received.

G.R. Peterson, Northwest Nanoose Residents Association, re Waterfront and Beach Access Issue – Parks and Open Space Plan. (All Directors - One Vote)

That the correspondence received from G.R. Peterson, Northwest Nanoose Residents Association with respect to waterfront and beach access management within Nanoose, be received.

Mike Gray, Norwest Nanoose Residents Association, re Nanoose Parks and Open Space Plan. (All Directors - One Vote)

That the correspondence received from Mike Gray, Northwest Nanoose Residents Association, with respect to the Association’s request for amendments to the Nanoose Bay Parks and Open Space Plan, be received.

UNFINISHED BUSINESS

From the Board Meeting held July 10, 2001. (All Directors - One Vote)

That the Errington Fire Department be authorized to approach the Province of BC Coastal Fire Service with an offer to trade firefighting vehicles, with an overall budget target of $130,000.

ADMINISTRATION

Treaty Negotiations Update – B. Sperling. (All Directors - One Vote)

That the verbal report with respect to Treaty Negotiations, be received.

Application for Temporary Change to Liquor Licence – Cassidy Inn – 2954 Trans Canada Highway – Area A. (All Directors - One Vote)

That the Cassidy Inn’s request for a temporary change to their Liquor Licence to provide for an extended patio area for their Show ‘n Shine event scheduled for September 9, 2001 be approved.

RECREATION AND PARKS

Vancouver Island Recreational Corridor. (All Directors - One Vote)

That the Board decline to sign the Vancouver Island Recreational Corridor Memo of Understanding at this time given the current priorities for regional district trail system development and the limited resources available to participate in their planning processes.

Qualicum Bay Lions Club Lease of Community Centre and Lighthouse Community Park – Area H. (All Directors - Weighted Vote)

That the lease agreement between the Qualicum Bay Lions Club and the Regional District of Nanaimo for the property legally described as: Lot A, District Lot 32, Newcastle District, Plan 45846 for a ten year term be approved.

Regional Parks Act – Request for Additional Power Under Section 801 of the Local Government Act. (All Directors - One Vote)

That the Lieutenant Governor in Council be requested to grant to the Regional District additional power under Section 801 of the Local Government Act to acquire and manage land for a regional park or regional trail by way of a permit or a license or a lease for any term where that land has been designated for the regional park or regional trail under Section 4(1)(a) of the Park (Regional) Act.

SPECIAL EVENT/SPECIAL OCCASION APPLICATIONS

Status Reports. (All Directors - One Vote)

That the Special Event/Special Occasion status reports be received for information.

TRANSIT

Special Event Application – Royal Canadian Legion’s 75th Anniversary Celebrations – September 8, 2001 – Request for Bus Service. (City of Nanaimo, Electoral Areas A and D - Weighted Vote)

That the Transit Special Events request by the Royal Canadian Legion – Branch #10 for shuttle service to be provided on Saturday, September 8, 2001 be approved.

COMMISSION, ADVISORY & SELECT COMMITTEE

Lantzville Parks & Open Space Committee. (All Directors - One Vote)

That the minutes of the Lantzville Parks & Open Space Committee meeting held June 25, 2001 be received for information.

Gabriola Island Parks and Recreation Commission. (All Directors - One Vote)

That the minutes of the Gabriola Island Parks and Recreation Commission meeting held June 18, 2001 be received for information.

1.That the staff report on the proposed development of a Gabriola Island Community Recreation Association be received for information.

2.That the Regional District, through the Commission, work with the Community to provide for the establishment of a non-profit society (Gabriola Island Community Recreation Association) to deliver recreation services on the Island starting in January 2002.

3.That staff initiate the development of an agreement to advance funding and other arrangements with a society established to provide for the delivery of recreational services on Gabriola Island.

4.That the minutes of the Gabriola Island Parks and Recreation Commission meeting held July 16, 2001 be received for information.

5.That the resolutions from the July 16, 2001 Gabriola Island Parks and Recreation Commission meeting be received for information.

District 69 Recreation Commission. (All Directors - One Vote)

That the minutes of the District 69 Recreation Commission meeting held June 21, 2001 be received for information.

7.(IV)EXECUTIVE STANDING COMMITTEE

7.(V)COMMISSION

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

Performance Review Committee. (All Directors - One Vote)

111Minutes of the Performance Review Committee meeting held July 18, 2001. (for information)

    1. ADMINISTRATOR’S REPORT
    2. 112-116Amendment Application 9601 – Bylaw No. 500.202 – Caillet – Biggs Road – Area D. (Electoral Area Directors except EA ‘B’ – One Vote)

      117-123Temporary Use Permit No. 0103 – Fairwinds Development Corporation – Lot 56, Andover Drive – Area E. (All Directors – One Vote)

      124-141Soil Conservation Permit Application 0104 – Alan Stewart – 3230 Palmer Road – Area F. (All Directors – One Vote)

      142-145Dashwood Fire Protection Local Services Area Boundary Amendment. (All Directors – One Vote)

      146-147Refund of Property Taxes – Dashwood Fire Protection Local Service Area. (All Directors – Weighted Vote)

      148-151Second Quarter Operating Results for 2001. (All Directors – One Vote)

    3. ADDENDUM

10.BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

11.NEW BUSINESS

12.BOARD INFORMATION (Separate enclosure on blue paper)

    1. ADJOURNMENT

14.IN CAMERA

That pursuant to Sections 242.2(1)(c) and (h) of the Local Government Act the Board proceed to an In Camera meeting to consider matters related to employee negotiations, potential litigation and draft policy matters pursuant to Section 13 of the Freedom of Information and Protection of Privacy Act.