REGIONAL DISTRICT OF NANAIMO
REGULAR BOARD MEETING
TUESDAY, FEBRUARY 12, 2002
7:30 PM
(Nanaimo City Council Chambers)

A G E N D A

PAGES

1. CALL TO ORDER

    1. DELEGATIONS

11 Lila & John Mandziuk, re DVP Application No. 0202 - Shetland Place - Area E.

12 Don Levirs, Parksville and District Save the Park Committee, re District 69 Arena.

13 Howard Fowler, re ALR Exclusion No. 0115 - Virginia Road - Area F.

3. BOARD MINUTES

14-18 Minutes of the Board meeting held on Tuesday, January 8, 2002.

4. BUSINESS ARISING FROM THE MINUTES

    1. COMMUNICATIONS/CORRESPONDENCE
    2. 19-20 A. D. Kemp, Thompson-Nicola Regional District, re Waste Export to the Cache Creek Landfill.

      21-22 Honourable Joyce Murray, Minister of Water, Land and Air Protection, re Waste Export to the Cache Creek Landfill.

      23 Shirley Hine, City of Parksville, re Request for Reduction in Water Rates at the District 69 Arena.

      24-25 Honourable George Abbott, Minister of Community, Aboriginal and Women''s Services, re Restructure Planning Grant for Gabriola Island Study.

      26-27 Kirk Miller, Land Reserve Commission, re Improvements to BC''s Land Reserve Commission.

    3. UNFINISHED BUSINESS
    4. Public Hearing.

      28-33 Minutes of the Public Hearing held January 23, 2002 with respect to Bylaw No. 500.279 - Maibach Industries/Brown - 2093 South Wellington Road - Area A. (All Directors except EA ''B'' - One Vote)

      34-43 Minutes of the Public Hearing held January 31, 2002 with respect to Zoning Amendment Application No. 0107 - Senini - Dickinson Road - Area D. (Electoral Area Directors except EA ''B'' - One Vote)

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

7.(I) ELECTORAL AREA PLANNING STANDING COMMITTEE

44-46 Minutes of the regular Electoral Area Planning Committee meeting held January 22, 2002. (for information)

DEVELOPMENT PERMIT APPLICATIONS

Application No. 0201 � Sort � 1105 Surfside Drive � Area G. (Electoral Area Directors except EA ''B'' - One Vote)

That Development Permit Application No. 0201, as submitted by Sigmund Bering Sort and Barbara Day Sort, to facilitate the construction of a single dwelling unit within the Environmentally Sensitive and Hazard Land Development Permit Areas and to vary the maximum dwelling unit height within the Residential 2 (RS2) zone from 8.0 metres to 9.5 metres for the property legally described as Lot A, District Lot 9, Newcastle District, Plan VIP54706, be approved subject to the conditions outlined in Schedule No. 1 and subject to the notification requirements pursuant to the Local Government Act.

Application No. 0202 � Green � 1390 Madrona Drive � Area E. (Electoral Area Directors except EA ''B'' - One Vote)

That Development Permit Application No. 0202 to permit the removal of an existing retaining wall and to replace it with a new shoreline protection device on the property legally described as Lot 13, District Lot 68, Nanoose District, Plan 26680 be approved, subject to the conditions outlined in Schedule No. 1 of the corresponding staff report.

Application No. 0203 � Klassen/Sims Associates � Crocus Corner � Area G. (Electoral Area Directors except EA ''B'' - One Vote)

That Development Permit No. 0203, submitted by Helen Sims, Agent, on behalf of Mike Klassen and Lene Klassen to permit the construction of a dwelling unit, fence and patio within a Watercourse Protection Development Permit Area pursuant to the "French Creek Official Community Plan Bylaw No. 1115, 1998", to vary the minimum setback requirement for a watercourse from 15 metres to 11 metres pursuant to "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987", and to amend a section 219 (restrictive) covenant on the property legally described as Lot 5, District Lot 29, Nanoose District, Plan 45632 be approved, subject to the conditions as outlined in Schedule No. 1 and subject to notification requirements pursuant to the Local Government Act.

DEVELOPMENT VARIANCE PERMIT

Application No. 0201� Mills � 2705 Shady Mile Way � Area D. (Electoral Area Directors except EA ''B'' - One Vote)

Delegations wishing to speak to Application No. 0201.

That Development Variance Permit Application No. 0201, submitted by Blair Dueck, agent on behalf of Larry Mills and Marie Mills, to facilitate the development of a single dwelling unit and vary the maximum permitted dwelling unit height for the "turret" portion only within the Rural 1 (RU1) zone from 9.0 metres (29.5 feet) to 11.3 metres (37.1 feet) for the property legally described as Lot 8, Section 15, Range 4, Mountain District, Plan VIP68509, be approved as submitted subject to the notification requirements pursuant to the Local Government Act.

Application No. 0202 � Mandziuk � Shetland Place � Area E. (Electoral Area Directors except EA ''B'' - One Vote)

Delegations wishing to speak to Application No. 0202.

That Development Variance Permit No. 0202, submitted by John Mandziuk and Lila Mandziuk, to facilitate the construction of a dwelling unit within the Residential 1 (RS1) zone by varying the maximum height of the dwelling unit from 8.0 metres to 10.4 metres for the property legally described as Strata Lot 30, District Lot 78, Nanoose District, Plan VIS3393 Together With an Interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as Shown on Form 1, be approved as submitted subject to site inspection of the applicant�s property and neighbouring properties and the notification requirements pursuant to the Local Government Act.

Application No. 0203 � Ronkainen/Earthy � 3452 Jingle Pot Road � Area D. (Electoral Area Directors except EA ''B'' - One Vote)

Delegations wishing to speak to Application No. 0203.

That Development Variance Permit Application No. 0203 submitted by William Earthy, agent on behalf of Derek Ronkainen, for the property legally described as a Portion of the Easterly 60 Acres of Section 16, Range 3, Mountain District Except That Part in Plan 29404, VIP68415, VIP68636 and VIP72060 to vary the minimum setback requirements of the Rural 1 (RU1) zone from 8.0 metres to 1.0 metre as shown on Schedule No. 1 be approved, subject to the conditions outlined in Schedule No. 2, and subject to notification requirements pursuant to the Local Government Act.

7.(II) COMMITTEE OF THE WHOLE STANDING COMMITTEE

47-55 Minutes of the regular Committee of the Whole Committee meeting held January 22, 2002. (for information)

COMMUNICATIONS/CORRESPONDENCE

Paula Barrett, Georgia Strait Crossing Pipeline Limited, re Pipeline Progress. (All Directors - One Vote)

That the correspondence received from Georgia Strait Crossing Pipeline Limited with respect to an update on the Georgia Strait Pipeline project, be received for information.

Walter Gray, City of Kelowna, re Provincial Cycling Network Program. (All Directors - One Vote)

That the correspondence received from the City of Kelowna with respect to support for the Provincial Cycling Network Program, be received for information.

Barry O�Neill, CUPE BC, re Community Charter. (All Directors - One Vote)

That the correspondence received from CUPE BC with respect to CUPE BC�s submission to the Community Charter Council, be received for information.

DEVELOPMENT SERVICES

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 Local Government Act and that if the infractions are not rectified within ninety (90) days, legal action will be pursued:

    1. Lot 2, Section 16, Range 1, Plan 27225, Cedar Land District, 2022 Walsh Road, Electoral Area �A�, owned by W. Pirart;
    2. Lot A, Section 6, Ranges 1 and 2, Plan VIP68448, Cedar Land District, 2683 Cedar Road, Electoral Area �A�, owned by G. and D. Laird;
    3. Lot B, Section 19, Plan 33183, Gabriola Island, Nanaimo Land District, 900 Bertha Avenue, Electoral Area �B�, owned by C. and D. Guest;
    4. Lot 21, Section 3, Plan 23540, Gabriola Island, Nanaimo Land District, 1815 Lackehaven Drive, Electoral Area �B�, owned by D. Rinaldi;
    5. Lot 15, Section 9, Plan 30347, Gabriola Island, Nanaimo Land District, 1440 Hess Road, Electoral Area �B�, owned by P. Edge and L. Holbrook;
    6. Lot 24, Section 21, Plan 24297, Gabriola Island, Nanaimo Land District, 280 Malaspina Drive, Electoral Area �B�, owned by C. O�Dell and D. Smith;
    7. Lot 28, Section 9, Plan 30347, Gabriola Island, Nanaimo Land District, 1575 Hess Road, Electoral Area �B�, owned by R. Johannes and E. Foley;
    8. Lot E, District Lots 1 and 181, Plan 10875, Nanoose Land District, 951 Shorewood Drive, Electoral Area �E�, owned by F. Ariello;
    9. Lot 24, Block E, District Lot 38, Plan 13054, Nanoose Land District, 1392 Pilot Way, Electoral Area �E�, owned by C. Eggins;
    10. Lot 7, Block 5, District Lot 11, Plan 1223, Newcastle Land District, 230 Cortes Road, Electoral Area �G�, owned by L. and A. Jensen.

BYLAW ENFORCEMENT

Land Use and Building Bylaw Contraventions � D. Dorman � 2220 Cedar Road � Area A. (All Directors - One Vote)

That a Section 700 filing be placed on the title of the property legally described as Lot 1, Section 10, Range 2, Cedar District, Plan 26245 and should the outstanding land use and building bylaw concerns not be rectified by July 15, 2002, that staff be directed to proceed with the legal action necessary to ensure the property is in compliance with the requirements of both "Regional District of Nanaimo Land Use and Subdivision Bylaw 500, 1987" and "Regional District of Nanaimo Building Regulations & Fees Bylaw 1250, 2001".

PLANNING

ALR Exclusion No. 0115 - Fowler � Virginia Road � Area F. (All Directors - One Vote)

That a Board Resolution recommending the ALR exclusion application be considered for approval, subject to an amendment to the Growth Management Plan, be forwarded to the Land Reserve Commission and that zoning designation be addressed at the time of application for subdivision.

COMMUNITY SERVICES

RECREATION & PARKS

Haslam Creek Bridge Funding � Trans Canada Trail. (Electoral Area Directors - Weighted Vote)

That a reallocation of $40,000 in capital from the Regional Parks budget for the construction of the Trans Canada Trail Haslam Creek Bridge by August 31, 2002, be approved.

Parkland Acquisition Fund Bylaw No. 1282 � Old Errington School.

(All Directors - 2/3 - Weighted Vote)

1. That "Parkland Acquisition Fund (Electoral Area F) Expenditure Bylaw No. 1282, 2002" receive three readings.

2. That "Parkland Acquisition Fund (Electoral Area F) Expenditure Bylaw No. 1282, 2002" having received three readings, be adopted.

MacMillan Park in Cathedral Grove. (All Directors - One Vote)

That the update report on the Western Canada Wilderness Committee request to the Board on the proposed expansion of MacMillan Provincial Park be received for information.

That a letter be sent to the Honourable Joyce Murray, Minister of Water, Land and Air Protection, supporting a cost benefit study regarding expanding MacMillan Provincial Park by acquiring approximately 500 hectares of private land from Weyerhaeuser which includes both old growth and second growth forest to the south of the current park, instead of the 100 hectares currently being considered where the oldest and largest giants were logged one year ago.

That a letter be sent to Weyerhaeuser supporting the request that they voluntarily suspend any logging in the 500 hectares adjacent to MacMillan Provincial Park for one year to give an opportunity to study and possibly acquire the lands for park expansion.

Community Parks Local Service Amendment Bylaw No. 805.03 � Area G and Bylaw No. 804.02 � Area F. (All Directors - One Vote)

1. That "Electoral Area �G� Community Parks Local Service Requisition Amendment Bylaw No. 805.03, 2002" be given three readings and forwarded to the Inspector of Municipalities for approval.

2. That "Electoral Area �F� Community Parks Local Service Requisition Amendment Bylaw No. 804.02, 2002" be given three readings and forwarded to the Inspector of Municipalities for approval.

ENVIRONMENTAL SERVICES

LIQUID WASTE MANAGEMENT

Newcastle Island � Transfer of a Fee Simple Interest to the City of Nanaimo. (All Directors - One Vote)

That the Board approve the transfer of "That part of Newcastle Island, Nanaimo District, shown outlined in red on Plan 1172 RW" to the City of Nanaimo.

SOLID WASTE MANAGEMENT

Amendments to Water and Sewer User Fee Rates.

(All Directors - 2/3 Vote)

1. That "Regional District of Nanaimo French Creek Sewer Specified Area Regulation and Rates Amendment Bylaw No. 422.09, 2002" be introduced for first three readings.

That "Regional District of Nanaimo French Creek Sewer Specified Area Regulation and Rates Amendment Bylaw No. 422,09, 2002" having received three readings be adopted.

2. That "Regional District of Nanaimo Nanoose Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 524.11, 2002" be introduced for first three readings.

That "Regional District of Nanaimo Nanoose Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 524.11, 2002" having received three readings be adopted.

3. That "Regional District of Nanaimo French Creek Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 619.07, 2002" be introduced for first three readings.

That "Regional District of Nanaimo French Creek Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 619.07, 2002" having received three readings be adopted.

4. That "Regional District of Nanaimo Surfside Properties Water Specified Area Regulations and Rates Amendment Bylaw No. 700.08, 2002" be introduced for first three readings.

That "Regional District of Nanaimo Surfside Properties Water Specified Area Regulations and Rates Amendment Bylaw No. 700.08, 2002" having received three readings be adopted.

5. That "Regional District of Nanaimo Arbutus Park Estates Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 726.08, 2002" be introduced for first three readings.

That "Regional District of Nanaimo Arbutus Park Estates Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 726.08, 2002" having received three readings be adopted.

6. That "Regional District of Nanaimo Madrona Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 727.08, 2002" be introduced for first three readings.

That "Regional District of Nanaimo Madrona Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 727.08, 2002" having received three readings be adopted.

7. That "Regional District of Nanaimo Fairwinds Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 764.10, 2002" be introduced for first three readings.

That "Regional District of Nanaimo Fairwinds Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 764.10, 2002" having received three readings be adopted.

8. That "Regional District of Nanaimo Fairwinds Sewerage Specified Area Regulations and Rates Amendment Bylaw No. 765.08, 2002" be introduced for first three readings.

That "Regional District of Nanaimo Fairwinds Sewerage Specified Area Regulations and Rates Amendment Bylaw No. 765.08, 2002" having received three readings be adopted.

9. That "Regional District of Nanaimo West Bay Estates Water Local Service Area Regulations and Rates Amendment Bylaw No. 815.06, 2002" be introduced for first three readings.

That "Regional District of Nanaimo West Bay Estates Water Local Service Area Regulations and Rates Amendment Bylaw No. 815.06, 2002" having received three readings be adopted.

10. That "Regional District of Nanaimo Wall Beach Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 886.05, 2002" be introduced for first three readings.

That "Regional District of Nanaimo Wall Beach Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 886.05, 2002" having received three readings be adopted.

11. That "Regional District of Nanaimo Decourcey Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 1097.03, 2002" be introduced for first three readings.

That "Regional District of Nanaimo Decourcey Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 1097.03, 2002" having received three readings be adopted.

Amendments to Garbage and Recycling Collection User Fee Rates.

(All Directors - Weighted Vote)

12. That "Regional District of Nanaimo Garbage and Recyclable Materials Collection Rates Amendment Bylaw No. 1009.05, 2002" be introduced for first three readings.

(All Directors - 2/3)

That "Regional District of Nanaimo Garbage and Recyclable Materials Collection Rates Amendment Bylaw No. 1009.05, 2002" having received three readings be adopted.

Illegal Dumping Prevention Program � Penalties and Program Publicity. (All Directors - One Vote)

That the Board receive the 2002 Illegal Dumping Program � Penalties and Program Publicity report for information and that as suggested by MWLAP Conservation Officer Service and the RDN Bylaw Enforcement staff, a letter not be sent to AVICC recommending a $2,000 minimum fine for illegal dumping.

UTILITIES/ENGINEERING

Morningstar Streetlighting LSA Boundary Amendment Bylaw No. 869.02 � Area G. (All Directors - One Vote)

That "Morningstar Streetlighting Local Service Area Boundary Amendment Bylaw No. 869.02, 2002" be introduced and read three times, and forwarded to the Inspector of Municipalities for approval.

San Pareil Water Supply LSA Rates & Regulations Amendment Bylaw No. 1172.01 � Area G. (All Directors - 2/3 Vote)

1. That "San Pareil Water Supply Local Service Area Rates and Regulations Amendment Bylaw No. 1172.01, 2002" be introduced and read three times.

2. That "San Pareil Water Supply Local Service Area Rates and Regulations Amendment Bylaw No. 1172.01, 2002" be adopted.

CORPORATE SERVICES

COMMISSION, ADVISORY & SELECT COMMITTEE

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

That the minutes of the Lantzville Parks & Open Space Advisory Committee meetings held November 26, 2001 and January 7, 2002 be received for information.

That the Board of the Regional District of Nanaimo write to the BC Assets and Land Corporation to expand on the rationale for the lands and request reconsideration for a portion of DL 105 to be provided for a staging area for recreational opportunities within the Lantzville Foothills.

7.(III) EXECUTIVE STANDING COMMITTEE

7.(IV) COMMISSION

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

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

56-58 Minutes from the Gabriola Island Parks and Recreation Commission meeting held December 13, 2001. (for information)

59-61 Minutes from the Gabriola Island Parks and Recreation Commission meeting held January 21, 2002. (for information)

(All Directors - Weighted Vote)

62-65 That the staff report be received and that the Regional District enter into an agreement with School District No. 68 that provides for the upgrade of the Gabriola Elementary School field under the financial terms of four annual payments of $5,000 and arrangements for community use and access to the field and school facility as specified in the report.

(All Directors - One Vote)

66-70 That the staff report be received and that a water chlorination system be purchased and installed to service the washrooms and concession at Rollo McClay Community Park and that a temporary fence be placed around the perimeter of the wellhead.

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

71-73 Minutes from the District 69 Recreation Commission meeting held January 17, 2002. (for information)

(Electoral Areas, Parksville, Qualicum Beach - Weighted Vote)

74-76 That the two temporary part time Recreation Assistant positions involved with the delivery of direct youth recreation services be extended from April 1 to December 31, 2002.

Growth Management Plan - Performance Review Committee. (All Directors - One Vote)

77-79 Minutes from the Growth Management Plan Performance Review Committee meeting held January 31, 2002. (for information)

    1. ADMINISTRATOR�S REPORT
    2. 80-95 Development Variance Permit Application No. 0202 - Mandziuk - 3573 Shelby Lane - Area E. (Electoral Area Directors except EA ''B'' - One Vote)

      96-102 Development Permit Application No. 0201 - Sort - 1105 Surfside Drive - Area G. (Electoral Area Directors except EA ''B'' - One Vote)

      103-105 Unsightly Premises Regulatory Bylaw No. 1073, 1996 - E. Stenberg, H. O''Connor, A. Wallace - 1010 Descanso Valley Drive - Area B. (All Directors - One Vote)

      106-194 Electoral Area ''F'' Zoning and Subdivision Bylaw No. 1285, and Electoral Area ''F'' Official Community Plan Amendment Bylaw No. 1152.02. (All Directors except EA ''B'' - One Vote)

      195-201 RDN Security Issuing (City of Parksville) Bylaw No. 1283. (All Directors - Weighted Vote)

      202-212 Provision of an Additional Ice Sheet in District 69. (Additional information included as separate enclosure)(Voting - see report)

    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 Section 242.2 1(a) and (i) of the Local Government Act the Board proceed to an In Camera meeting to consider personal information related to the selection of candidates to a Board appointment and to consider a legal matter.