REGIONAL DISTRICT OF NANAIMO
REGULAR BOARD MEETING
TUESDAY, JUNE 11, 2002
7:30 PM
(City of Nanaimo Council Chambers)

A G E N D A

PAGES

1. CALL TO ORDER

    1. DELEGATIONS

13 Janelle Park, re Public Hearing Notification Requirements.

3. BOARD MINUTES

14-34 Minutes of the Board meeting held on Tuesday, May 14, 2002 and the Special Board Meeting held on Tuesday, May 21, 2002.

4. BUSINESS ARISING FROM THE MINUTES

    1. COMMUNICATIONS/CORRESPONDENCE
    2. UNFINISHED BUSINESS
    3. Bylaw Adoption.

      35-38 Bylaw No. 500.279 - Maibach Industries - 2470 Apollo Drive - Area E. (Electoral Area Directors except EA ''B'' - One Vote)

      39-41 Bylaw No. 500.282 - Chouinard - 7184 Lantzville Road - Area D. (Electoral Area Directors except EA ''B'' - One Vote)

      Public Hearing.

      42-82 Minutes of the Public Hearing held April 24, 2002 with respect to Electoral Area ''F'' Zoning and Subdivision Bylaw No. 1285. (All Directors except EA ''B'' - One Vote)

      83-133 Minutes of the Public Hearing held May 29, 2002 with respect to the E&N Railway Corridor and Official Community Plan Amendment Bylaws No. 1240.01, 1148.02, 974.02, 1118.03, 814.07, 1115.02, 1007.03, 500.283. (All Directors - One Vote)

      134-137 Minutes from the Public Hearing held May 30, 2002, with respect to Bylaw No. 500.285 - PRA Holdings Ltd. - Harold Road - Area A. (Electoral Area Directors except EA ''B'' - One Vote)

      137-148 Minutes from the Public Hearing held May 30, 2002, with respect to Bylaw No. 500.284 - Cedar View Estates - Hemer & Cedar Roads - Area A. (Electoral Area Directors except EA ''B'' - One Vote)

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

7.(I) ELECTORAL AREA PLANNING STANDING COMMITTEE

149-150 Minutes of the regular Electoral Area Planning Committee meeting held May 28, 2002. (for information)

PLANNING

AMENDMENT APPLICATIONS

Zoning Amendment Application No. 9626 � Rondalyn Resort/Danron Holdings Ltd. � 1350 Timberlands Road � Area C. (Electoral Area Directors except EA ''B'' - One Vote)

1. That Application ZA9626 by Danron Holdings Ltd. to amend "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987" for the lands legally described as That Part of Block 87, Bright, Douglas and Cranberry Districts, (Lying Within Said Bright District), Lying to the East of a Straight Boundary Bearing Due South From the Point on the Northerly Boundary of Said Block Distant 19.8 Chains Easterly From the South East Corner of District Lot 8, Bright District, Except Part in Plan VIP54950 by rezoning from Resource Management 9 (RM9) Subdivision District �B� to Rondalyn Resort Comprehensive Development 13 (CD13) Subdivision District �Z� that portion of the lands shown outlined on Schedule No. 2, be approved subject to the conditions as outlined in Schedule No. 1.

2. That definitions for Accessory Recreational Vehicle Storage and Seasonal or Periodic Accommodation be added to Bylaw No. 500 as shown on Schedule No. 4.

3. That "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.287, 2002" be given 1st and 2nd reading and proceed to Public Hearing.

4. That the Public Hearing be chaired by the Director for Electoral Area �C�, Director Hamilton or her alternate.

DEVELOPMENT PERMIT APPLICATIONS

DP Application No. 0228 � Baldwin � East Side Road (Horne Lake) � Area H. (Electoral Area Directors except EA ''B'' - One Vote)

That Development Permit Application No. 0228 to vary the minimum setback requirements of the Comprehensive Development 9 (CD9) zone of 15 metres from the top of the bank of a watercourse to a minimum of 3.0 metres from the top of the bank pursuant to the Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987 to legalize the location of an existing recreational residence and permit the repair and replacement of structural supports and footings; and to permit the construction of a 10 m2 minor addition, a 6 m2 deck addition, and the replacement of access stairs to the recreational residence within the Environmentally Sensitive Areas Development Permit Area on the property legally described as Strata Lot 280, District Lot 251, Alberni District, Plan VIS5160, be approved subject to the requirements outlined in Schedule Nos. 1, 2 and 3.

DEVELOPMENT VARIANCE PERMIT APPLICATIONS

Development Variance Permit Application No. 0211 � Kosak � 3043 Jameson Road � Area D. (Electoral Area Directors except EA ''B'' - One Vote)

Delegations wishing to speak to Application No. 0211.

That Development Variance Permit Application No. 0211, submitted by Wanda Kosak for the property legally described as Lot 1, Section 12, Range 3, Mountain District, Plan 38230, to vary a lot line from 8.0 metres to 1.89 metres, be approved, subject to notification requirements pursuant to the Local Government Act.

Development Variance Permit Application No. 0212 � Sims/Husson-Fallows � 2825 Sea Blush Drive � Area E. (Electoral Area Directors except EA ''B'' - One Vote)

Delegations wishing to speak to Application No. 0212.

That Development Variance Permit Application No. 0212, submitted by Helen Sims, agent, on behalf of Kerry Husson and Tracey Fallow, to legalize the siting of an accessory building and to vary the minimum side lot line setback from 8.0 metres to 0.7 metres within the Rural 5 (RU5) zone for the property legally described as Lot 25, Block 586, Nanoose District, Plan 29314, be approved as submitted subject to the notification requirements pursuant to the Local Government Act.

7.(II) COMMITTEE OF THE WHOLE STANDING COMMITTEE

151-160 Minutes of the regular Committee of the Whole Committee meeting held May 28, 2002. (for information)

DEVELOPMENT SERVICES

BUILDING INSPECTION

Expired Building Permit � Salapura � 2079 Walsh Road � Area A. (All Directors except EA ''B'' - One Vote)

That the permit for the construction of an agricultural building and attached dwelling at 2079 Walsh Road be renewed for an additional two years at the minimum permit fee of $45.00 and renewal of the temporary living facility permit for $125.00.

PLANNING

Request for Acceptance of Park Land � Keith Brown Associates Ltd. on behalf of 559500 BC Ltd. � Rowland Road � Area E. (All Directors except EA ''B'' - One Vote)

1. That the resolution adopted by the Regional Board of Directors, at its Regular Meeting held on October 11, 1994, with respect to the dedication of park land for Lot B, District Lot 67, Nanoose District, Plan 13476, be rescinded.

2. That the request, submitted by Keith Brown and Associates Ltd., on behalf of 559500 BC Ltd., for park land dedication in the location and amount as shown on the proposed plan of subdivision of Lot B, District Lot 67, Nanoose District, Plan 13476, be accepted subject to the applicant registering section 219 covenants protecting the seasonal stream, the pond, the swamp areas outside the park land, and the waterfront portions of the parcel as outlined in Schedule No. 1 of staff report.

Request for 10% Frontage Relaxation & Request for Provision of a Combination of Park Land and Cash in Lieu of Park Land � JE Anderson & Associates on Behalf of Terry Peterson & Sandra Strote � Woobank Road � Area A. (All Directors except EA ''B'' - One Vote)

1. That the request, submitted by JE Anderson & Associates, on behalf of Terrance Peterson and Sandra Strote to provide a combination of park land with the balance to be provided as cash in lieu of park land, be denied and the applicant be required to provide 5% cash in lieu of park dedication.

2. That the request for a relaxation of the minimum 10% perimeter frontage requirement for proposed Lots 2 & 3, as shown on the proposed plan of subdivision, be approved.

COMMUNITY SERVICES

RECREATION & PARKS

Electoral Area B Parkland Acquisition Security Issuing Bylaws No. 1299, 1303, 1304, 1305, 1306 & 1307. (All Directors - Weighted)

1. That "Regional District of Nanaimo Electoral Area B Parkland Acquisition Security Issuing Bylaw No. 1299, 2002" be introduced for three readings and be forwarded for approval to the Inspector of Municipalities.

2. That "Regional District of Nanaimo Electoral Area B Parkland Acquisition Security Issuing Bylaw No. 1303, 2002" be introduced for three readings and be forwarded for approval to the Inspector of Municipalities.

3. That "Regional District of Nanaimo Electoral Area B Parkland Acquisition Security Issuing Bylaw No. 1304, 2002" be introduced for three readings and be forwarded for approval to the Inspector of Municipalities.

4. That "Regional District of Nanaimo Electoral Area B Parkland Acquisition Security Issuing Bylaw No. 1305, 2002" be introduced for three readings and be forwarded for approval to the Inspector of Municipalities.

5. That "Regional District of Nanaimo Electoral Area B Parkland Acquisition Security Issuing Bylaw No. 1306, 2002" be introduced for three readings and be forwarded for approval to the Inspector of Municipalities.

6. That "Regional District of Nanaimo Electoral Area B Parkland Acquisition Security Issuing Bylaw No. 1307, 2002" be introduced for three readings and be forwarded for approval to the Inspector of Municipalities.

Electoral Area B Parkland Acquisition Temporary Borrowing Bylaws No. 1300 & 1302.

(All Directors - Weighted)

1 That "Electoral Area B Parkland Acquisition Temporary Borrowing Bylaw No. 1300, 2002" be introduced for three readings.

(All Directors - Weighted - 2/3)

2. That "Electoral Area B Parkland Acquisition Temporary Borrowing Bylaw No. 1300, 2002" having received three readings be adopted.

(All Directors - Weighted)

3. That "Driftwood Water Service Area Temporary Borrowing Bylaw No. 1302, 2002" be introduced for three readings.

(All Directors - Weighted - 2/3)

4. That "Driftwood Water Service Area Temporary Borrowing Bylaw No. 1302, 2002" having received three readings be adopted.

Extension School Field and Playground Rental Agreement. (All Directors - Weighted Vote)

That the Regional District enter into the Rental Agreement for the Extension School property with School District 68.

Cedar Heritage Centre � Funding Request. (All Directors - Weighted Vote)

That the Regional District enter into an Agreement with the Cedar School and Community Enhancement Society to provide for $38,000 in funding as a grant to allow the Society to retire the debts and allow them to finish the project.

TRANSIT

Nanaimo City Centre Transit Exchange � Site Review. (All Directors - One Vote)

That the information report on the Nanaimo City Centre Transit Exchange Site Review be accepted.

CORPORATE SERVICES

ADMINISTRATION

Administration Computer Equipment Reserve Fund Expenditure Bylaw No. 1308. (All Directors - 2/3)

1. That "Administration Computer Equipment Reserve Fund Expenditure Bylaw No. 1308, 2002" be introduced for three readings.

2. That "Administration Computer Equipment Reserve Fund Expenditure Bylaw No. 1308, 2002" having received three readings be adopted.

Port Theatre Funding Request. (All Directors - One Vote)

    1. That staff be directed to prepare individual "Port Theatre Local Service Area" establishing bylaws for Electoral Areas A � E based upon a requisition rate of $2.90 per $100,000 of assessment for consideration at the September Board meeting and referendum in November 2002.
    2. That staff be directed to prepare individual "Port Theatre Local Service Areas" establishing bylaws for Electoral Areas F � H based upon usage for consideration at the September Board meeting and referendum in November 2002.
    3. That the Board correspond with the City of Parksville and Town of Qualicum Beach and encourage them to support proceeding to referendum in November 2002 to put forward the Port Theatre�s request for funding either on a requisition rate of $2.90 per $100,000 of assessment or on the basis of usage.

FINANCE

Operating Results to March 31, 2002. (All Directors - One Vote)

That the summary report of financial results from operations to March 31, 2002 be received for information.

FIRE PROTECTION

Firefighting Coverage by City of Nanaimo for Certain Properties Outside Municipal Boundaries. (All Directors - One Vote)

That the Board correspond with the City of Nanaimo seeking support for the provision of fire protection services to the seven properties outside municipal boundaries identified as:

1675 Kelsie Road

1670/1690 Kelsie Road

1760 Kelsie Road

1840 Kelsie Road

1860 Kelsie Road

1890 Kelsie Road

2105/2115 Richardson Road

Nanoose Fire Protection Service Area (Buildings) Reserve Fund Bylaw No. 1312. (All Directors - 2/3)

1. That "Nanoose Fire Protection Service Area Reserve Fund Bylaw No. 1312, 2002" be introduced for first three readings.

2. That "Nanoose Fire Protection Service Area Reserve Fund Bylaw No. 1312, 2002" having received three readings be adopted.

ENVIRONMENTAL SERVICES

LIQUID WASTE MANAGEMENT

Northern Community Sewer LSA Boundary Amendment Bylaw No. 889.21. (All Directors - Weighted Vote)

That "Regional District of Nanaimo Northern Community Sewer Local Service Area Boundary Amendment Bylaw No. 889.21, 2002" be introduced for first three readings and be forwarded to the Inspector of Municipalities for approval.

Trucked Liquid Waste Disposal Amendment Bylaw No. 988.04.

(All Directors - Weighted Vote)

1. That "Regional District of Nanaimo Trucked Liquid Waste Disposal Amendment Bylaw No. 988.04, 2002" be introduced for three readings.

(All Directors - 2/3)

2. That "Regional District of Nanaimo Trucked Liquid Waste Disposal Amendment Bylaw No. 988.04, 2002" having received three readings be adopted.

Sewer User Rates & Regulations Amendment Bylaws � Fairwinds Sewerage Facilities Amendment Bylaw No. 765.09, French Creek Sewer Service Area Amendment Bylaw No. 422.10 and Surfside Sewer Amendment Bylaw No. 1241.01.

(All Directors - One Vote)

1. That "Fairwinds Sewerage Facilities Specified Area Rates Amendment Bylaw No. 765.09, 2002" be introduced for first three readings.

(All Directors - 2/3)

2. That "Fairwinds Sewerage Facilities Specified Area Rates Amendment Bylaw No. 765.09, 2002" having received first three readings be adopted.

(All Directors - One Vote)

3. That "French Creek Sewer Service Area Rates Amendment Bylaw No. 422.10, 2002" be introduced for first three readings.

(All Directors - 2/3)

4. That "French Creek Sewer Service Area Rates Amendment Bylaw No. 422.10, 2002" having received first three readings be adopted.

(All Directors - One Vote)

5. That "Surfside Sewer Rates and Regulations Amendment Bylaw No. 1241.01, 2002" be introduced for first three readings.

(All Directors - 2/3)

6. That "Surfside Sewer Rates and Regulations Amendment Bylaw No. 1241, 2002" having received first three readings be adopted.

Fairwinds Sewerage Facilities Reserve Fund Establishment Bylaws No. 1310 and No. 1311. (All Directors - 2/3)

1. That "Fairwinds Sewerage (Treatment) Facilities Service Area Reserve Fund Bylaw No. 1310, 2002" be introduced for first three readings.

2. That "Fairwinds Sewerage (Treatment) Facilities Service Area Reserve Fund Bylaw No. 1310, 2002" having received three readings be adopted.

3. That "Fairwinds Sewerage (Collector System) Facilities Service Area Reserve Fund Bylaw No. 1311, 2002" be introduced for first three readings.

4. That "Fairwinds Sewerage (Collector System) Facilities Service Area Reserve Fund Bylaw No. 1311, 2002" having received three readings be adopted.

Transfer of Land � Departure Bay Pump Station. (All Directors - Weighted Vote)

That the Board approve the transfer of a portion of Lot 1, Section 2, Wellington District, Plan 14047 to the City of Nanaimo for highway improvements.

GNPCC Biogas System Upgrade � Consulting Services. (All Directors - Weighted Vote)

That the Board direct staff to award the consulting project for the GNPCC Sludge Heating and Boiler Building upgrade to Associated Engineering Ltd.

SOLID WASTE

Regional Landfill � Leachate Pre-Treatment System. (All Directors - Weighted Vote)

That the Board approve the installation of a leachate pre-treatment system at the Regional Landfill to reduce odours and corrosion at the Cedar Road pumping station.

Electronic Waste Industry Produce Stewardship Resolution. (All Directors - One Vote)

That the RDN Board adopt the Local Government Resolution on E-Waste and forward it, with a covering letter to the Minister of Water, Land and Air Protection requesting implementation of an industry operated E-Waste Produce Stewardship program, and further, the correspondence be copied to UBCM and AVICC for information and support.

UTILITIES

French Creek Bulk Water & Northern Community Sewer Boundary Amendment Bylaws No. 1050.02, 1089.02 and 934.02. (All Directors - One Vote)

1. That "French Creek Bulk Water Supply Local Service Area Boundary Amendment Bylaw No. 1050.02, 2002" be granted first three readings and forwarded to the Inspector of Municipalities.

2. That "Regional District of Nanaimo French Creek Bulk Water Local Service Area Development Cost Charge Boundary Amendment Bylaw No. 1089.02, 2002" be granted first three readings and forwarded to the Inspector of Municipalities.

3. That "Regional District of Nanaimo Northern Community Sewer Local Service Area Development Cost Charge Boundary Amendment Bylaw No. 934.02, 2002" be granted first three readings and forwarded to the Inspector of Municipalities.

Fairwinds Water Supply LSA Regulations & Rates Amendment Bylaw No. 764.11.

(All Directors - One Vote)

1. That "Regional District of Nanaimo Fairwinds Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 764.11, 2002" be introduced for three readings.

(All Directors - 2/3)

2. That "Regional District of Nanaimo Fairwinds Water Supply Local Service Area Regulations and Rates Amendment Bylaw No. 764.11, 2002" having received three readings be adopted.

French Creek Sewer LSA Regulations & Rates Amendment Bylaw No. 422.11.

(All Directors One Vote)

1. That "Regional District of Nanaimo French Creek Sewer Specified Area Regulation and Rates Amendment Bylaw No. 422.11, 2002" be introduced for three readings.

(All Directors - 2/3)

2. That "Regional District of Nanaimo French Creek Sewer Specified Area Regulation and Rates Amendment Bylaw No. 422.11, 2002" having received three readings be adopted.

COMMISSION, ADVISORY & SELECT COMMITTEE

Area A Parks, Recreation and Greenspaces Advisory Committee. (All Directors - One Vote)

That the minutes of the Area A Parks, Recreation and Greenspaces Advisory Committee meeting held March 21, 2002, be received for information.

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

That the minutes of the Lantzville Parks & Open Space Advisory Committee meeting held April 1, 2002, be received for information.

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

That the minutes of the Nanoose Bay Parks & Open Space Advisory Committee meeting held April 22, 2002, be received for information.

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

That the minutes of the District 69 Recreation Commission meeting held May 7, 2002, be received for information.

Grants-in-Aid

That the following Community Grants be approved: (Parksville, Qualicum Beach, EA''s E, F, G, H - Weighted Vote)

Errington War Memorial Hall Association � washroom addition $ 4,100

Lighthouse Recreation Commission � program expenses $ 1,250

Arrowview Elementary PAC � playground $ 2,000

Participaddle Society � paddles $ 1,710

Mid-Island Wheelchair Sports Club � backboard extensions $ 682

Mid-Island Wheelchair Sports Club � wheelchairs $ 3,715

Parksville Seniors Slo-Pitch � dugouts $ 3,700

Arrowsmith Cricket & Sports Association � tournament equipment $ 690

Arrowsmith Mountain Bike Society � timing equipment $ 3,310

Nanoose Bay Recreation and Activities Society � stage $ 3,000

That the following Youth Grants be approved:

Nanoose Bay Recreation and Activities Society � youth dance $ 600

Parksville Royals Baseball Club � pitching bullpen $ 1,000

Parksville Royals Baseball Club � infield screen $ 1,200

Parksville Royals Baseball Club � 2ball program $ 350

Qualicum Beach Skateboard Park Committee � expansion $ 5,400

Vancouver Island Adrenalin Games � event costs $ 1,500

Ballenas Dry Grad � entertainment costs (Velcro Wall/Improv) $ 1,250

Ballenas Tennis Club � court improvements $ 2,000

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

That the minutes of the Gabriola Island Parks and Recreation Commission meeting held May 13, 2002, be received for information.

Grants-in-Aid Committee. (All Directors - One Vote)

That the minutes of the Grants-in-Aid Committee meeting held May 16, 2002, be received for information.

School District 68 (EA''s A, B, C, D, Nanaimo - Weighted Vote)

That the following grants be awarded:

Cedar Community Association $ 3,000

School District 69 (Parksville, Qualicum Beach, EA''s E, F, G, H - Weighted Vote)

That the following grants be awarded:

Arrowsmith Community Justice Society $ 500

Arrowsmith Search & Rescue $ 240

Mid Vancouver Island Habitat Enhancement Society $ 415

Navy League of Canada � Parksville Branch $ 1,000

North Island Wildlife Recovery Association $ 1,000

Oceanside Community Arts Council $ 500

Oceanside Radio Communications Association $ 950

Parksville & District Association for Community Living $ 1,000

Parksville Meeting Place Society $ 250

Parksville-Qualicum Beach & District SPCA $ 500

BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

ALR Exclusion � Wosk � 365 Meadow View Place � Area G. (All Directors except EA ''B'' - One Vote)

That the Wosk ALR Exclusion application be forwarded directly to the Agricultural Land Commission without a recommendation from the Board.

NEW BUSINESS

Verbal Reports. (All Directors - One Vote)

That when verbal reports are included on agendas, attachments containing background information be circulated to Board members in advance to allow preparation by Directors.

7.(III) EXECUTIVE STANDING COMMITTEE

7.(IV) COMMISSION

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

160-168 Minutes from the Building Addition Committee meeting held on May 28, 2002. (for information) (All Directors - One Vote) (Background report attached for information)

That the RDN Administration Building Expansion Project Development Permit Application plans be approved for submission to the City of Nanaimo Design Review Panel.

ADMINISTRATOR�S REPORT

169-172 Land Use Contraventions - Unsightly Premises & Building Regulations - Kilner - 7056 Lavender Road - Area D. (All Directors - One Vote)

173-174 Contravention of Building Regulation Bylaw - Schuerbeke - 1415 Hess Road - Area B. (All Directors - One Vote)

175-177 Contravention of Building Bylaw - Stesco - 3478 Grilse Road - Area E. (All Directors - One Vote)

178-181 DP Application No. 0222A - Mauriks - 1429 Dorcas Point Road - Area E. (Electoral Area Directors except EA ''B'' - One Vote)

182-184 Special Event Application - Transit Services - BC Summer Games. (Electoral Area''s ''A'', ''D'', City of Nanaimo - Weighted)

185-191 Regional Growth Management Plan - Information Report. (All Directors - One Vote)

    1. ADDENDUM

10. BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

11. NEW BUSINESS

12. BOARD INFORMATION (Separate enclosure on blue paper)

    1. ADJOURNMENT

14. IN CAMERA