REGIONAL DISTRICT OF NANAIMO
BOARD MEETING
TUESDAY, JUNE 10, 2003
7:30 PM
(RDN Boar

d Chambers)

A G E N D A

PAGES

1. CALL TO ORDER

    1. DELEGATIONS

3. BOARD MINUTES

9-22 Minutes of the Board meeting held on Tuesday, May 13, 2003.

4. BUSINESS ARISING FROM THE MINUTES

5. COMMUNICATIONS/CORRESPONDENCE

    1. UNFINISHED BUSINESS
      2.

      BYLAWS

      Public Hearing.

      23-52 Report of the Public Hearing held April 29 & 30, 2003 with respect to Regional Growth Strategy Bylaw No. 1309. (All Directors except EA ‘B’ – One Vote)

      For Adoption.

      53-56 Bylaw No. 814.98 & 500.291 – Englishman River OCP Bylaw Amendment and Subdivision Bylaw Amendment – Michael Rosen & Associates, on behalf of Englishman River Land Holdings Ltd. – Kaye Road – Area G. (Electoral Directors except EA ‘B’ – One Vote)

      57-59 Bylaw No. 1333 – Park Land Exchange Bylaw – Fern Road Consulting Ltd. on behalf of R. & L. Todsen & McTay Holdings Ltd. – off Hawthorne Rise & White Pine Way – Area G. (All Directors except EA ‘B’ – One Vote)

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

7.1 ELECTORAL AREA PLANNING STANDING COMMITTEE

60-62 Minutes of the Electoral Area Planning Committee meeting held Tuesday, May 13, 2003. (for information)

PLANNING

AMENDMENT APPLICATIONS

Zoning Amendment Application No. ZA0305 – Sarkozy – Wembley Road – Area G – Land Use & Subdivision Amendment Bylaw No. 500.293. (Electoral Area Directors except EA ‘B’ – One Vote)

1. That the summary of the Public Information Meeting on Amendment Application No. 0305, submitted by Fern Road Consulting Ltd. on behalf of Paul Sarkozy be received.

2. That "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.293, 2003" be given 1st and 2nd reading.

3. That Amendment Application No. 0305, submitted by Fern Road Consulting Ltd. on behalf of Paul Sarkozy, to rezone the subject property legally described as Lot B, District Lot 29, Nanoose District, Plan VIP74062, from Residential 1 (RS1) to Residential 2.1 (RS2.1) be advanced to a public hearing subject to the conditions outlined in Schedule No. 1.

4. That the Public Hearing on "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.293, 2003" be delegated to Director Stanhope or his alternate.

DEVELOPMENT PERMIT APPLICATIONS

DP Application No. 60324 – Weldon/Kyler – 796 Miller Road –Area G. (Electoral Area Directors except EA ‘B’ – One Vote)

That Development Permit No. 60324, submitted by Ken Kyler, BCLS on behalf of Vivian Isabel Weldon to permit the construction of a dwelling unit within a Sensitive Lands Development Permit Area on the property legally described as Lot 28, District Lot 28, Nanoose District, Plan 26472 be approved, subject to the conditions outlined in Schedule No. 1 and 2, and subject to a geotechnical report.

DEVELOPMENT VARIANCE PERMIT APPLICATIONS

DVP Application No. 90310 – Raines – 2424 Ainsley Place – Area E. (Electoral Area Directors except EA ‘B’ – One Vote)

Delegations wishing to speak to Application No. 90310.

That Development Variance Permit Application No. 90310, submitted by Fern Road Consulting Ltd. on behalf of Derek Raines and Janet Raines, to facilitate the development of a two storey dwelling unit and vary the maximum permitted dwelling unit height within the Residential 1 zone from 8.0 metres to 9.2 metres for the property legally described as Lot 40, District Lot 78, Nanoose Land District, Plan VIP68559, proceed to public notification as submitted subject to the notification procedures pursuant to the Local Government Act.

DVP Application No. 90311 – Fern Road Consulting Ltd. on behalf of R. & L. Todsen & McTay Holdings Ltd. – Off Hawthorne Rise & White Pine Way – Area G. (Electoral Area Directors except EA ‘B’ – One Vote)

Delegations wishing to speak to Application No. 90311.

That Development Variance Permit Application No. 90311, submitted by Fern Road Consulting on behalf of Richard and Linda Todsen and McTay Holdings Ltd., to relax the minimum setback requirements for proposed Lots 2, 3, and 4 to 9.0 metres horizontal distance from the adjacent watercourse and for proposed Lots 7, 8, 9, and 10 to 6.0 metres horizontal distance from the adjacent watercourse/pond in order to facilitate future building site for these parcels in conjunction with the subdivision of The Remainder of Lot 1, District Lot 49, Nanoose, Plan 19351, be approved subject to Schedules No. 1 and 2 and the notification requirements pursuant to the Local Government Act.

DVP Application No. 90312 & Request for Relaxation of the Minimum 10% Frontage Requirement –K. & B. Sorenson on behalf of Kristoff Enterprises – Hodge’s & Lowry’s Roads – Area G. (Electoral Area Directors except EA ‘B’ – One Vote)

Delegations wishing to speak to Application No. 90312.

That the request, submitted by K & B Sorensen, on behalf of Kristoff Enterprises to relax the Minimum 10% frontage requirement for the Proposed Remainder of Lot A as shown on the plan of subdivision of Lot A, District Lots 19 & 81, Nanoose District, Plan 13475 and to relax the minimum interior lot line setback requirement from 8.0 metres to 2.5 metres for the accessory building and from 30.0 metres to 23.0 metres for the agricultural building housing livestock, be approved, subject to Schedules No. 1 and the notification requirements pursuant to the Local Government Act.

OTHER

Aquaculture – Official Community Plan & Zoning Amendments Issues & Public Consultation Framework. (Electoral Area Directors except EA ‘B’ – One Vote)

That the staff report on Aquaculture and potential amendments to Regional District of Nanaimo bylaws be received for information.

That staff be directed to proceed with the Public Consultation Strategy as outlined in Attachment No. 1, with the addition of Odyssey Shellfish Ltd. to the referral listing, and clarification in the Terms of Reference that potential conflicts might result from land use activities adjacent to aquaculture operations.

Terms of Reference & Public Consultation Strategy for a ‘Finetuning’ Exercise for the Electoral Area ‘F’ Zoning & Subdivision Bylaw No. 1285. (Electoral Area Directors except EA ‘B’ – One Vote)

That the staff report on the Electoral Area ‘F’ Zoning Bylaw Finetuning Project be received.

That Electoral Area ‘F’ Zoning Bylaw Finetuning Project Terms of Reference and Consultation Strategy (Attachment No. 1) be endorsed by the Board.

7.2 COMMITTEE OF THE WHOLE STANDING COMMITTEE

63-69 Minutes of the regular Committee of the Whole meeting held May 13, 2003. (for information)

COMMUNICATIONS/CORRESPONDENCE

George Abbott, Minister of Community, Aboriginal & Women’s Services, re Board of Variance Appointments. (All Directors – One Vote)

That the correspondence re Board of Variance appointments from Minister George Abbott be received.

COMMUNITY SERVICES

Intergovernmental Advisory Committee – District of Lantzville Representation. (All Directors – One Vote)

That the Regional District of Nanaimo Board invite the District of Lantzville Council to appoint a representative to the Intergovernmental Advisory Committee to represent the District.

Descanso Bay Wharf Service Bylaw No. 1352. (All Directors – One Vote)

1. That the report on the facility proposal for a new wharf function and for emergency medical evacuations for Gabriola Island be received.

2. That "Descanso Bay Wharf Service Bylaw No. 1352, 2003", be given 1st, 2nd and 3rd readings and proceed to counter petition pursuant to section 801.3 of the Local Government Act.

3. That the Counter Petition deadline of July 25, 2003 be established for "Descanso Bay Wharf Service Bylaw No. 1352, 2003".

RECREATION AND PARKS

Terms of Reference for the Descanso Bay Regional Park and Nanaimo River Regional Park Management Plans. (All Directors – One Vote)

That the Terms of Reference for the Descanso Bay Regional Park and Nanaimo River Regional Park Management Plans be approved.

TRANSIT

Pets on Board Program – Conventional Transit. (Electoral Areas ‘A’, ‘C’, ‘D’, ‘E’, ‘G’, ‘H’, Nanaimo, Parksville, Qualicum Beach – Weighted Vote)

That the Master Joint Operating Agreement with BC Transit be amended to allow for Pets-On-Board Program.

That once the agreement is amended the proposed Pets-on-Board Program run for a trial period of six months.

CORPORATE SERVICES

ADMINISTRATION

Application for a Temporary Change to a Liquor Licence – Cassidy Inn – Area A. (All Directors – One Vote)

That the Board has no objection to 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 June 22, 2003.

FINANCE

Nanoose Bay Bulk Water Supply Security Issuing Bylaw No. 1239. (All Directors – Weighted Vote)

That "Regional District of Nanaimo (Nanoose Bay Bulk Water Supply) Security Issuing Bylaw No. 1239, 2001" be forwarded to the Municipal Finance Authority to complete the borrowing for the Northwest Bay Road transmission line.

FIRE DEPARTMENTS

Firefighting Vehicle Upgrades for the Nanoose Bay Fire Protection Society.

(All Directors – Weighted Vote)

1. That the Regional District of Nanaimo advise the Nanoose Bay Fire Protection Society that the adjustments to its budget for the purposes of upgrades to trucks #12 and #13 are approved.

2. That "Regional District of Nanaimo Financial Plan (2003 to 2008) Amendment Bylaw 1337.01, 2003" be introduced for first three readings.

(All Directors – 2/3)

3. That "Regional District of Nanaimo Financial Plan (2003 to 2008) Amendment Bylaw 1337.01, 2003" having received three readings be adopted.

(All Directors – Weighted - 2/3)

4. That "Nanoose Fire Protection Function Reserve Fund Expenditure Bylaw No. 1351, 2003" be introduced for first three readings.

5. That "Nanoose Fire Protection Function Reserve Fund Expenditure Bylaw No. 1351, 2003" having received three readings be adopted.

DEVELOPMENT SERVICES

Nanaimo Airport Master Plan – Implications for Regional District of Nanaimo – Area A. (All Directors – One Vote)

    1. That the staff report on ‘Nanaimo Airport Master Plan – Implications for the Regional District of Nanaimo’ be received for information.

    2. That the Chair of the Board select a Committee to work with Nanaimo Airport Commission to consider issues related to future land use at the Nanaimo Airport and direct staff to prepare amendments to the OCP policy and zoning for the airport lands that will harmonize proposed airport land use and development with the Electoral Area ‘A’ Official Community Plan and Regional Growth Management policies.

BUILDING INSPECTION

Section 700 Filings. (All Directors – One Vote)

That a notice be filed against the title of Lot 1, Section 1, Range 6, Plan VIP68894, Cedar Land District, 3460 Whiting Way, Electoral Area ‘A’, owned by Pieter Van Westen, pursuant to Section 700 of the Local Government Act and that if the infractions are not rectified within ninety (90) days, legal action may be pursued.

ENVIRONMENTAL SERVICES

LIQUID WASTE

Licence Agreement with City of Nanaimo for a Portion of Regional District of Nanaimo Land at Chase River Pumping Station for Trail Network. (All Directors – Weighted Vote)

That the Licence Agreement that permits the City of Nanaimo to use the Regional District of Nanaimo lands at 1174 Island Highway South for extension of the Chase River Park trail network be approved and executed.

Pump and Haul LSA Amendment Bylaw No. 975.28. (All Directors – One Vote)

That "Regional District of Nanaimo Pump & Haul Local Service Area Amendment Bylaw No. 975.28, 2003" be read three times and forwarded to the Inspector of Municipalities for approval.

UTILITIES

Rural Streetlighting LSA Boundary Amendment Bylaw No. 791.07. (All Directors – One Vote)

That ‘Rural Streetlighting Local Service Area Boundary Amendment Bylaw No. 791.07, 2003’ be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

Electoral Area ‘A’ (MacMillan Road School Site) Sewer LSA Rates & Regulations Amendment Bylaw No. 1237.02.

(All Directors – One Vote)

    1. That "Electoral Area ‘A’ (MacMillan Road School Site) Sewer Local Service Area Rates and Regulations Amendment Bylaw No. 1237.02, 2003" be introduced for three readings.
      2.

      (All Directors – 2/3)

    2. That "Electoral Area ‘A’ (MacMillan Road School Site) Sewer Local Service Area Rates and Regulations Amendment Bylaw No. 1237.02, 2003" having received three readings, be adopted.

Morningstar Streetlighting LSA Boundary Amendment Bylaw No. 869.04. (All Directors – One Vote)

That ‘Morningstar Streetlighting Local Service Area Boundary Amendment Bylaw No. 869.04, 2003’ be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

COMMISSION, ADVISORY & SELECT COMMITTEE

Electoral Area ‘A’ Parks & Open Space Advisory Committee. (All Directors – One Vote)

That the minutes of the Electoral Area ‘A’ Parks & Open Space Advisory Committee meeting held April 17, 2003, be received for information.

Grants-in-Aid Committee.

(All Directors – One Vote)

That the minutes of the Grants-in-Aid Committee meeting held May 15, 2003 be received for information.

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

That the following grants be awarded in District 68:

Cedar School & Community Enhancement Society $ 260

1st Lantzville Scouts 2,250

Nanaimo Search & Rescue Society 1,300

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

That the following grants be awarded in District 69:

District 69 Historical Society $ 2,500

Forward House Community Society 1,000

Oceanside Community Policing Offices 900

Parksville Special Olympics 200

Vancouver Island Palaeontology Museum Society 1,100

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

That the minutes of the Lantzville Parks & Open Space Advisory Committee meetings held March 3 and April 7, 2003, 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 May 8, 2003, be received for information.

That the Guidelines for Regional District Role in Ministry of Transportation Water Accesses in Area ‘E’ be accepted.

Regional Waste Advisory Committee. (All Directors – One Vote)

That the minutes from the Regional Waste Advisory Committee meetings (previously named Regional Environmental Advisory Committee) held April 24 and May 15, 2003 be received for information.

Transit Business Plan Update Select Committee. (All Directors – One Vote)

That the minutes of the Transit Business Plan Update Select Committee meeting held May 15, 2003, be received for information.

Haslam Creek Suspension Bridge. (All Directors – One Vote)

That the Board congratulate Regional District Staff on the successful completion of the Haslam Creek Suspension Bridge.

7.3 EXECUTIVE STANDING COMMITTEE

7.4 COMMISSIONS

7.5 SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS

Vancouver Island Generation Project Committee – Verbal Update – Gail Lund.

    1. ADMINISTRATOR’S REPORT
      2.

      70-72 Landfill Gas Collection System Expansion – Tender Award. (All Directors – Weighted Vote)

      73-75 Results of the Electoral Area ‘A’ By-Election. (All Directors – One Vote)

      76-79 Board Procedure Amendment Bylaw No. 1268.03. (All Directors – 2/3)

    2. 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)(h) of the Local Government Act the Board proceed to an In Camera meeting to consider legal matters.