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
Director R. Quittenton Electoral Area H
Director J. Macdonald City of Parksville
Director T. Westbroek Town of Qualicum Beach
Alternate
Director R. Cantelon City of Nanaimo
Director G. Korpan City of Nanaimo
Director L. Sherry City of Nanaimo
Alternate
Director S. Lance City of Nanaimo
Director L. McNabb City of Nanaimo
Director B. Holdom City of Nanaimo
Also in Attendance:
K. Daniels Chief Administrative Officer
B. Lapham Gen. Mgr. of Development Services
J. Finnie Gen. Mgr. of Environmental Services
M. Pearse Manager of Administrative Services
M. Donnelly Manager of Transportation Services
N. Tonn Recording Secretary
SPECIAL PRESENTATION
Presentation of a Certificate of Commendation to Per Humle by George Holme, Chairperson, on behalf of Her Excellency the Right Honourable Adrienne Clarkson, Governor General.
The Chairperson presented a Certificate of Commendation to Mr. Humle on behalf of the Governor General for his selfless actions in coming to the rescue of an individual following a vehicle accident on November 22, 2001.
DELEGATIONS
David Flaig, Combined Forest Holdings, re Request for Acceptance of Cash in Lieu of Park Land � Church & Valley Roads � Area F.
Mr. Flaig provided a short history of the application for subdivision by Combined Forest Holdings and urged the Board to accept the application for cash in-lieu-of park land dedication as the subdivision application commenced prior to the adoption of the Area �F� OCP.
Phil Robertson, re DVP Application No. 0214 � Intracorp/Fairwinds � Arbutus Hills Development � Area E.
Mr. Robertson speaking on behalf of a number of residents on Andover Road, spoke in opposition to DVP Application No. 0214. Mr. Robertson noted, however, that consultation with a representative of the applicant is ongoing.
LATE DELEGATIONS
MOVED Director Stanhope, SECONDED Director McNabb, that the following late delegations be permitted to address the Board.
CARRIED
David Stalker, re Development Variance Permit No. 0211 � Kosak � 3043 Jameson Road � Area D.
Mr. Stalker spoke in opposition to Development Variance Permit application No. 0211, citing his concerns with a 1.44 metre lot line.
Wanda Kosak, re Development Variance Permit No. 0211 � Kosak � 3043 Jameson Road � Area D.
Ms. Kosak addressed some of the previous delegation�s concerns and urged the Board to approve DVP Application No. 0211.
Helen Sims, re Development Variance Permit Application No. 0214 � Intracorp/Fairwinds - Arbutus Hills Development � Area E.
Ms. Sims noted her client�s wish to work with the neighbours with respect to their concerns regarding Lot 25, and requested that the application for development variance for Lot 25 be held in abeyance for thirty days and that approval for the remaining lots be approved. Ms. Sims also noted that a single level dwelling would be proposed for Lot 26.
MOVED Director Sherry, SECONDED Director McLean, that the delegations be received.
CARRIED
BOARD MINUTES
MOVED Director Sherry, SECONDED Director Korpan, that the minutes of the regular Board meeting held on June 11, 2002 and the Special Board meeting held on Tuesday, June 25, 2002 be adopted.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Scott Tanner, re Community Bonds.
MOVED Director Korpan, SECONDED Director Westbroek, that the correspondence received from Scott Tanner with respect to the Community Bond as an alternative to conventional debenture borrowing, be received.
CARRIED
George Koutris, re Development Variance Permit Application No. 0214 � Intracorp/Fairwinds � Arbutus Hills Development � Area E.
MOVED Director Korpan, SECONDED Director Westbroek, that the correspondence received from George Koutris with respect to Development Variance Permit Application No. 0214 be received.
CARRIED
UNFINISHED BUSINESS
From the Board Meeting held June 11, 2002.
Development Variance Permit Application No. 0211 - Kosak - 3043 Jameson Road - Area D.
MOVED Director Haime, SECONDED Director McLean, 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 1.44 metres, be approved, subject to notification requirements pursuant to the Local Government Act.
CARRIED
Public Hearing.
Minutes of the Public Hearing held June 19, 2002 with respect to Bylaw No. 500.286 � Amendment to Home Based Business Operations � Areas A, C, D, E, G and H.
MOVED Director Stanhope, SECONDED Director Quittenton, that the minutes of the Public Hearing held Wednesday, June 19, 2002 as a result of public notification of "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.286, 2002", be received.
CARRIED
MOVED Director Stanhope, SECONDED Director Quittenton, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.286, 2002" be given 3rd reading and be referred to the Ministry of Transportation for approval.
CARRIED
STANDING COMMITTEE, SELECT COMMITTEE AND COMMISSION MINUTES AND RECOMMENDATIONS
ELECTORAL AREA PLANNING STANDING COMMITTEE
MOVED Director Hamilton, SECONDED Director Haime, that the minutes of the regular Electoral Area Planning Committee meeting held June 25, 2002, be received for information.
CARRIED
PLANNING
DEVELOPMENT PERMIT APPLICATIONS
DP Application No. 0235 � M. Salmon on Behalf of Wilcox � Strata Lot 59, Horne Lake Caves Road � Area H.
MOVED Director Quittenton, SECONDED Director Hamilton, that Development Permit Application No. 0235 be approved subject to the conditions set out in Schedule Nos. 1 and 2 of the corresponding staff report and the notification requirements pursuant to the Local Government Act.
CARRIED
DP Application No. 0236 � Roy � 3379 Blueback Drive � Area E.
MOVED Director Hamilton, SECONDED Director Stanhope, that Development Permit Application No. 0236, submitted by Fern Road Consulting, Agent, on behalf of Louise Roy, to facilitate the construction of (1) an addition to a single dwelling unit within the Development Permit Area and (2) a stairwell to access the foreshore by varying the minimum permitted setback to the natural boundary of the ocean for the stairwell, within the Residential 1 (RS1) zone from 8.0 metres to 0.0 metres for the property legally described as Lot 29, District Lot 78, Nanoose District, Plan 15983, be approved, subject to conditions as outlined in Schedule No. 1 and subject to notification requirements pursuant to the Local Government Act.
CARRIED
DEVELOPMENT VARIANCE PERMIT APPLICATIONS
Development Variance Permit Application No. 0210 � Littlewood � 2406 Nanoose Beach Road � Area E.
MOVED Director Hamilton, SECONDED Director Haime, that Development Variance Permit Application No. 0210, submitted by Scott Littlewood for the property legally described as Parcel No. 1 (DD 24745N) of Lot A, of Lot 79, Nanoose District, Plan 1460, to vary the other lot line from 5.0 metres to 0.0 metres and the interior side lot line from 2.0 metres to 0.0 metres, be approved, subject to the conditions outlined in Schedule No. 1 as amended to replace the words "within 30 days" with the words "within 60 days", and subject to the notification requirements pursuant to the Local Government Act.
Development Variance Permit Application No. 0213 � Walker � 3652 Dolphin Drive � Area E.
MOVED Director Hamilton, SECONDED Director Haime, that Development Variance Permit Application No. 0213, submitted by Helen Sims, Agent, on behalf of James Walker and Faye Walker, for the property legally described as Lot 26, District Lot 78, Nanoose District, Plan 20762 to vary the minimum other lot line setback requirements of the Residential 1 (RS1) zone from 5.0 metres to 0.0 metres to legalize the siting of a retaining wall, and to vary the other lot line setback from 5.0 metres to 0.1 metres to facilitate the construction of an accessory building, both as shown on Schedule No. 2 be approved, subject to the conditions outlined in Schedule No. 1, and subject to the notification requirements pursuant to the Local Government Act.
CARRIED
Development Variance Permit Application No. 0231 � Culverden Holdings Inc./Davey � 1888 Kay Road � Areas E & G.
MOVED Director Hamilton, SECONDED Director Stanhope, that Development Permit Application No. 0231 to legalize the construction of a fire protection device within an Environmentally Sensitive Area and Watercourse Protection Development Permit Area on the property legally described as Lot 1, District Lot 171, Nanoose District, Plan VIP71158, be approved, subject to the conditions outlined in Schedules No. 1 and 2.
CARRIED
Development Variance Permit Application No. 0214 � Intracorp/Fairwinds � Arbutus Hills Development � Area E.
MOVED Director Hamilton, SECONDED Director McLean, that Development Variance Permit Application No. 0214 submitted by Helen Sims, Agent on behalf of 3536696 Canada Inc., to facilitate construction of single dwelling units and retaining walls for the properties legally described as Lots 2-20 and Lot 26 (single level dwelling unit with no setback relaxation for retaining walls in the front setback), District Lot 78, Nanoose District, Plan VIP73214, be approved subject to the conditions outlined in Schedules No. 1 and 2 and subject to the notification requirements pursuant to the Local Government Act and that the application for Lot 25 be held in abeyance for one month.
CARRIED
COMMITTEE OF THE WHOLE STANDING COMMITTEE
MOVED Director Stanhope, SECONDED Director Sherry, that the minutes of the Committee of the Whole meeting held June 25, 2002, be received for information.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Don Sutherland, Ministry of Community, Aboriginal & Women�s Services, re Order in Council to Acquire Access to Regional Parks & Trails.
MOVED Director Stanhope, SECONDED Director Quittenton, that the correspondence received from the Ministry of Community, Aboriginal & Women�s Services, with respect to the approval of an amendment to RDN Regulation, BC Reg. 194/91 to add a section regarding access to regional parks and trails, be received.
CARRIED
Director McNabb left the meeting citing a possible conflict with the next item.
DEVELOPMENT SERVICES
BUILDING INSPECTION
Section 700 Filings.
MOVED Director Hamilton, SECONDED Director Macdonald, that a notice be filed against the title of the property 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:
CARRIED
Director McNabb returned to the meeting.
PLANNING
ALR Exclusion Application No. 0206 � Dorman � Pirart Road � Area D.
MOVED Director Haime, SECONDED Director Sherry, that application for exclusion from the Agricultural Land Reserve for a portion of Lot D, Sections 16 and 17, Range 5, Mountain District, Plan 2964, except those parts thereof included within the boundaries of Plans 17458 and 20359, be refused, and that the Land Reserve Commission be advised that this application is not proceeding.
CARRIED
Request for Acceptance of Cash in Lieu of Park Land � Kenyon & Wilson on behalf of Arturo Mendenhall � Smithers & Bellevue Roads � Area F.
MOVED Director McLean, SECONDED Director Holdom, that the request, submitted by Kenyon & Wilson, BCLS, on behalf of Arturo Mendenhall, pursuant to Section 941 of the Local Government Act, offering to pay cash in-lieu-of park land dedication in conjunction with the proposed subdivision of Lot 1, District Lot 99, Nanoose District, Plan 2626, Except Part in Plans 37533 and VIP53117, be referred back to the Subdivision Approving Officer, recommending that the subdivision be denied in the public interest as it is inconsistent with the Area �F� Official Community Plan and proposed zoning Bylaw 1285, and due to concerns regarding possible contamination of the area�s water source, septic disposal and drainage issues.
CARRIED
Request for Acceptance of Cash in lieu of Park Land � JE Anderson on behalf of Combined Forest Products Ltd. � Church & Valley Roads � Area F.
MOVED Director McLean, SECONDED Director Macdonald, that the request, submitted by JE Anderson & Associates, BCLS, on behalf of Combined Forest Holdings Ltd., pursuant to Section 941 of the Local Government Act, offering to pay cash in-lieu-of park land dedication in conjunction with the proposed subdivision of Lot 11, District Lot 156, Nanoose District, Plan 1964, be referred back to the Subdivision Approving Officer, recommending that the subdivision be denied as it is inconsistent with the Area �F� Official Community Plan zoning which proposes a minimum parcel size of 1.0 ha.
CARRIED
COMMUNITY SERVICES
REGIONAL DEVELOPMENT
Regional Growth Management Plan Review � Present Status Lands Designation � Bylaw No. 1309.
MOVED Director Stanhope, SECONDED Director Sherry, that the report on the issue of the Present Status Lands (Sub-Urban Area) designation, prepared as a part of the Growth Management Plan Review and consideration of Regional Growth Strategy Bylaw 1309, be received for information.
CARRIED
MOVED Director Stanhope, SECONDED Director Westbroek, that "Regional District of Nanaimo Regional Growth Strategy Bylaw No. 1309, 2002" be received.
CARRIED
MOVED Director Stanhope, SECONDED Director Macdonald, that "Regional District of Nanaimo Regional Growth Strategy Bylaw No. 1309, 2002" be granted 1st and 2nd reading.
A recorded vote was requested.
MOVED Director McLean, SECONDED Director Quittenton, that this item be deferred for twenty-four months.
DEFEATED
The question was called on the motion.
The motion CARRIED with Directors Holme, Hamilton, Sherry, Haime, Macdonald, Holdom, McNabb, Elliott, Lance and Stanhope voting in the affirmative and Directors Quittenton, Westbroek, McLean, Korpan and Cantelon voting in the negative.
MOVED Director Stanhope, SECONDED Director McNabb, that "Regional District of Nanaimo Regional Growth Strategy Bylaw No. 1309, 2002" proceed to public hearing on a date to be determined by the Public Hearing Chairpersons or their alternates.
CARRIED
MOVED Director Stanhope, SECONDED Director Holdom, that the holding of the public hearing with respect to "Regional District of Nanaimo Regional Growth Strategy Bylaw No. 1309, 2002" be delegated to Board Chair Director George Holme, Board Deputy Chair Director Larry McNabb and Committee of the Whole Chair Director Stanhope, or their alternates.
CARRIED
Regional Growth Management Plan Review � Watersheds � Bylaw No. 1309.
MOVED Director Stanhope, SECONDED Director Sherry, that the report on the issue of watersheds, prepared as a part of the Growth Management Plan Review and consideration of Regional Growth Strategy Bylaw 1309, be received for information.
CARRIED
TRANSIT
Transit Service and Feasibility Reviews � Cedar & Gabriola Island.
MOVED Director Stanhope, SECONDED Director Cantelon, that the Transit Service and Feasibility reports for Cedar and Gabriola be received for information and be brought forward as part of the 2003 Transit Business Plan review.
CARRIED
Regional Transit/handyDART � 2001 BC Transit Performance Summary.
MOVED Director Stanhope, SECONDED Director Westbroek, that the Regional Transit/HandyDART 2001 Performance Summary report be received for information.
CARRIED
MOVED Director Stanhope, SECONDED Director Cantelon, that a letter of congratulations be sent to the staff of the Transportation Services Department with respect to their excellent performance in the past year in achieving an outstanding cost recovery and service record.
CARRIED
BC Transit � Funding & Service Strategy Review.
MOVED Director Stanhope, SECONDED Director Sherry, that the Regional District respond to BC Transit�s Phase 1 Consultation program concerning reduced funding for 2003 with a position that BC Transit consider a reduction to their annual administration fee to assist with the Regional District�s 2003 budget review process for Transit this Fall.
CARRIED
ENVIRONMENTAL SERVICES
SOLID WASTE
Contract for Bird Control at Regional Landfill.
MOVED Director Sherry, SECONDED Director Holdom, that the Board award the contract for bird control services at the Regional Landfill to Pacific Northwest Raptors for a period of three years commencing September 1, 2002 at a total cost of $249,000.
CARRIED
UTILITES
Rural Streetlighting LSA Boundary Amendment Bylaw No. 791.04 � Area G.
MOVED Director Stanhope, SECONDED Director Sherry, that "Rural Streetlighting Local Service Area Boundary Amendment Bylaw 791.04, 2002" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.
CARRIED
Driftwood Water Supply Service Area Bylaw No. 1255.01 � Area E.
MOVED Director Stanhope, SECONDED Director Sherry, that "Driftwood Water Service Area Boundary Amendment Bylaw 1255.01, 2002" be introduced, read three times and forwarded to the Inspector of Municipalities for approval.
CARRIED
COMMISSION, ADVISORY & SELECT COMMITTEE
Lantzville Parks & Open Space Advisory Committee.
MOVED Director Haime, SECONDED Director McNabb, that the minutes of the Lantzville Parks & Open Space Advisory Committee meeting held May 6, 2002, be received for information.
CARRIED
Area A Parks, Recreation and Greenspaces Advisory Committee.
MOVED Director Elliott, SECONDED Director Macdonald, that the minutes of the Area A Parks, Recreation and Greenspaces Advisory Committee meeting held May 16, 2002, be received for information.
CARRIED
District 69 Recreation Commission.
MOVED Director Quittenton, SECONDED Director Westbroek, that the minutes of the District 69 Recreation Commission meeting held June 11, 2002, be received for information.
CARRIED
Nanoose Bay Parks & Open Space Advisory Committee.
MOVED Director Hamilton, SECONDED Director Holdom, that the minutes of the Nanoose Bay Parks & Open Space Advisory Committee meeting held June 10, 2002, be received for information.
CARRIED
BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS
Canadian Community Monitoring Network.
MOVED Director Holdom, SECONDED Director Stanhope, that the Board support the Canadian Nature Federation and the Ecological Monitoring and Assessment Network Coordinating Office of Environment Canada�s Canadian Community Monitoring Network initiative.
CARRIED
SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE
Intergovernmental Advisory Committee.
MOVED Director Sherry, SECONDED Director Macdonald, that the minutes from the Intergovernmental Advisory Committee meetings held on June 6, June 14, June 19 and June 27, 2002 be received for information.
CARRIED
BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS
Community Bonds � Arena Multiplex Facility.
MOVED Director Westbroek, SECONDED Director McNabb, that staff prepare a report on the financing options for the Arena Multiplex Facility including community bonds.
CARRIED
NEW BUSINESS
Arrowsmith Community Justice Society.
Director Westbroek presented an overview of the Arrowsmith Community Justice Society�s statistical report and noted that he would be requesting consideration of funding this programme in the future.
CARRIED
Electoral Area �A� Community Trails Study Project Committee.
MOVED Director Elliott, SECONDED Director Korpan, that Joe Materi be appointed to the Electoral Area �A� Community Trails Study Project Committee.
CARRIED
ADJOURNMENT
MOVED Director Sherry, SECONDED Director McNabb, that this meeting terminate.
CARRIED
TIME: 8:55 PM
CHAIRPERSON GENERAL MANAGER, CORPORATE SERVICES