Present:
Director J. Stanhope Chairperson
Director H. Kreiberg Electoral Area A
Alternate
Director B. Sperling Electoral Area B
Director E. Hamilton Electoral Area C
Director D. Haime Electoral Area D
Director P. Bibby Electoral Area E
Director L. Biggemann Electoral Area F
Director D. Bartram Electoral Area H
Director R. Longmuir City of Parksville
Director T. Westbroek Town of Qualicum Beach
Director C. Haime District of Lantzville
Director G. Korpan City of Nanaimo
Alternate
Director D. Brennan City of Nanaimo
Director T. Krall City of Nanaimo
Alternate
Director D. Tyndall City of Nanaimo
Director L. McNabb City of Nanaimo
Director B. Holdom City of Nanaimo
Also in Attendance:
K. Daniels Chief Administrative Officer
J. Finnie Gen. Mgr. of Environmental Services
B. Lapham Gen. Mgr. of Development Services
N. Connelly Gen. Mgr. of Community Services
C. Mason Gen. Mgr. of Corporate Services
M. Pearse Manager of Administrative Services
CALL TO ORDER
The Chairperson welcomed Alternate Directors Brennan, Tyndall and Sperling to the meeting.
DELEGATIONS
Randy O�Donnell, re Zoning Inconsistencies � Area D.
Mr. O�Donnell voiced his continuing opposition to the Jameson Road quarry and urged Board members to continue a legal challenge to uphold the existing zoning bylaws.
Derek Poteryko, re Jameson Road Quarry � Area D.
Mr. Poteryko spoke of the negative health effects that the quarry has on nearby residents.
MOVED Director Westbroek, SECONDED Director D. Haime, that a late delegation be permitted to address the Board.
CARRIED
Steve Atkinson, re Zoning Bylaw No. 500 in Relation to the Jameson Road Quarry � Area D.
Mr. Atkinson voiced his concerns about the operation of the Jameson Road quarry and encouraged the Board to get a second legal opinion.
BOARD MINUTES
MOVED Director Krall, SECONDED Director Biggemann, that the minutes of the Board meeting held on October 14, 2003 be adopted.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Donna & Bernd Mason, E.A. Pallot, Michael Jessen, Thomas McArthur, Richard Dean & William & Petronella Schoonderbeek, re DP Application No. 60354 � French Creek Estates Ltd. � Columbia Drive � Area G.
MOVED Director Hamilton, SECONDED Director Krall, that Development Permit Application No. 60354 and all correspondence be referred back to staff.
CARRIED
UNFINISHED BUSINESS
Public Hearing.
Report of the Public Hearing held October 29, 2003 with respect to Electoral Area �F� Zoning & Subdivision Bylaw No. 1285.03 � Green Choice Energy Ltd./Fern Road Consulting Ltd. � 2570 Peterson Road � Area F.
MOVED Director Biggemann, SECONDED Director Hamilton, that the Report of the Public Hearing containing the Summary of the Minutes and Submissions of the Public Hearing held October 29, 2003 on "Regional District of Nanaimo Electoral Area �F� Zoning and Subdivision Bylaw No. 1285.03, 2003", be received.
CARRIED
MOVED Director Biggemann, SECONDED Director Hamilton, that "Regional District of Nanaimo Zoning and Subdivision Bylaw No. 1285.03, 2003" amending the zoning from A-1 (Agriculture-1) to CD-14 2570 Peterson Road, be given 3rd reading for the property legally described as Lot A, District Lot 182, Nanoose District, Plan VIP65017.
CARRIED
MOVED Director Biggemann, SECONDED Director Hamilton, that the applicants be required to meet the Conditions of Approval as outlined in Schedule No. 1 prior to the Board�s consideration of adoption.
CARRIED
STANDING COMMITTEE, SELECT COMMITTEE AND COMMISSION MINUTES AND RECOMMENDATIONS
ELECTORAL AREA PLANNING STANDING COMMITTEE
MOVED Director Hamilton, SECONDED Director Kreiberg, that the minutes of the Electoral Area Planning Committee meeting held October 28, 2003 be received for information.
CARRIED
PLANNING
AMENDMENT APPLICATIONS
Zoning Amendment Application No. ZA0312 � Richard Irwin on behalf of Tower Fence Products � 1882 Fielding Road � Area A.
MOVED Director Hamilton, SECONDED Director Kreiberg, that the minutes from the Public Information Meeting held on October 15, 2003 be received.
CARRIED
MOVED Director Hamilton, SECONDED Director Kreiberg, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.297, 2003" be given 1st and 2nd reading.
CARRIED
MOVED Director Hamilton, SECONDED Director Kreiberg, that "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.297, 2003" proceed to public hearing.
CARRIED
MOVED Director Hamilton, SECONDED Director Kreiberg, that the public hearing on "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.297, 2003" be delegated to Director Kreiberg or his alternate.
CARRIED
DEVELOPMENT PERMIT APPLICATIONS
DP Application No. 60351 � Hawthorne & Anscombe � 816 Flamingo Drive �Area G.
MOVED Director Hamilton, SECONDED Director Bibby, that Development Permit Application No. 60351, submitted by Fern Road Consulting, Agent, on behalf of Robert Hawthorne and Lorna Anscombe, for property legally described as Lot 4, District Lot 10, Newcastle District, Plan VIP73563, to vary the maximum accessory building height within the Residential 2 (RS2) zone from 6.0 metres to allow for construction of a detached garage at 9.7 metres GSC be approved subject to the conditions outlined in Schedules No. 1, 2, 3 and 4 of the staff report and subject to the notification requirements pursuant to the Local Government Act.
CARRIED
DP Application No. 60352 � Fern Road Consulting Ltd./Pepler � 3395 Blueback Drive � Area E.
MOVED Director Hamilton, SECONDED Director Biggemann, that Development Permit Application No. 60352, submitted by Fern Road Consulting Ltd., on behalf of William Richard Pepler, for the property legally described as Lot 33, District Lot 78, Nanoose District, Plan 15983 requesting to:
1. Relax the minimum setback requirement for the inland top of slope of 30% or greater adjacent the sea from 8.0 metres to 4.0 metres in order to accommodate the siting of two terraced riprap retaining walls;
2. Relax the minimum setback requirements for both interior side lot lines from 2.0 metres to 0.0 metres in order to accommodate the siting of two terraced riprap retaining walls;
3. Relax the maximum dwelling unit height from 8.0 metres to 9.5 metres in order to accommodate the siting of the dwelling unit
be approved subject to the conditions outlined in Schedules No. 1, 2 and 3 and subject to the notification requirements pursuant to the Local Government Act.
CARRIED
DP Application No. 60354 � French Creek Estates Ltd. � Columbia Drive � Area G.
This Application was referred back to staff earlier in the meeting.
DEVELOPMENT VARIANCE PERMIT APPLICATIONS
DVP Application No. 9623 Addendum � Gerald Rupp � 1570 Fawcett Road � Area A.
MOVED Director Hamilton, SECONDED Director Kreiberg, that Development Variance Permit No. 9623, issued to Gerald Rupp, to vary the minimum setback requirements for a rear lot line from 2.0 metres to 1.0 metres and for a side lot line from 2.0 metres to 1.0 metres for the property legally described as Lot 13, Plan 3779, Section 17, Range 4, Cedar Land District be re-issued, subject to the notification requirements pursuant to the Local Government Act and subject to the conditions as outlined in Schedule No. 1.
CARRIED
DVP Application No. 90321 � RG Fuller & Associates on behalf of Land & Water BC � Alberni Highway � Area F.
MOVED Director Hamilton, SECONDED Director Biggemann, that Development Variance Permit Application No. 90321, submitted by RG Fuller & Associates Ltd. on behalf of Land & Water BC, to allow the creation of a non-contiguous lot in conjunction with the proposed subdivision of District Lot 104 and Lot 1, DL 94, Plan 12937, Except Part in Plan VIP61775, Both of Nanoose District, be approved as shown on Schedule No. 1 subject to notification procedures pursuant to the Local Government Act.
CARRIED
OTHER
Building Strata Conversion Application � Fern Road Consulting Ltd. on behalf of Ocean Place Holdings Ltd. � 1600 Stroulger Road � Area E.
MOVED Director Hamilton, SECONDED Director Bibby, that the request from Fern Road Consulting Ltd., on behalf of Ocean Place Holdings Ltd. for the commercial building strata conversion of 5 units as shown on the Phased Strata Plan of Lot A, Plan VIP51529, DL 22, Nanoose District and DL 2000 Nanaimo District, be approved.
CARRIED
Technical Review Planning Project � Bylaw No. 500 � Public Consultation Framework.
MOVED Director Hamilton, SECONDED Director Bibby, that the staff report on the Bylaw No. 500 Planning Project be received.
CARRIED
MOVED Director Hamilton, SECONDED Director Bibby, that the Public Consultation Framework as set out in Attachment No. 1 of the staff report be endorsed by the Board.
CARRIED
Aquaculture � OCP and Zoning Amendments, Issues & Public Consultation Framework.
MOVED Director Hamilton, SECONDED Director Bartram, that this item be referred back to staff for further information prior to going to the Board.
CARRIED
COMMITTEE OF THE WHOLE STANDING COMMITTEE
MOVED Director Longmuir, SECONDED Director Bartram, that the minutes of the regular Committee of the Whole meeting held October 28, 2003 be received for information.
CARRIED
COMMUNITY SERVICES
Nanaimo Area Land Trust Update on Mount Benson.
MOVED Director Hamilton, SECONDED Director Bibby, that the update report on Mount Benson and the efforts of the Nanaimo Area Land Trust be received for information.
CARRIED
CORPORATE SERVICES
ADMINISTRATION
Policy A1.2 � Distribution of Agendas.
MOVED Director Westbroek, SECONDED Director Bibby, that the Board approve an amendment to Policy A1.2 Distribution of Agendas circulation list to receive full agendas, to include the District of Lantzville Administrator and that Policy A1.2 be amended to authorize the distribution of agenda packages, excluding in camera agendas, to alternate directors who wish to receive them; and that these agenda packages be included in the Board Director�s courier package for pick up by alternate directors.
CARRIED
Regional Services Review � Terms of Reference.
MOVED Director D. Haime, SECONDED Director Hamilton, that this item be referred to a Board workshop to allow Directors an opportunity to review and comment on the terms of reference prior to approval.
CARRIED
FINANCE
Financing Alternatives for Oceanside Place.
MOVED Director Longmuir, SECONDED Director Bartram, that short term financing for the multiplex project be used as long as possible and that long term debt be secured at a target rate between 6.3% and 6.8%; and further that the Town of Qualicum Beach be approached to act as a lender or be permitted to pre-pay their share of costs at the time of securing long term funds provided that this does not increase the yearly or total costs to the other jurisdictions. .
CARRIED
DEVELOPMENT SERVICES
BUILDING INSPECTION
Section 700 Filings.
MOVED Director Kreiberg, SECONDED Director Korpan, 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 may be pursued:
That part of Lot 3, Sections 11 and 12, Range 7, Cranberry Land District, Plan 3153, Lying within said Section 11, except that part in Plan 11018 and Plan 3372W, 2180 South Wellington Road, Electoral Area �A�, owned by R. Soderstrom;
The Chairperson advised that the outstanding infractions on the following property have been resolved:
Lot 1, Section 14, Range 4, Cedar Land District, Plan 26045, 1841 Shasta Road, Electoral Area �A�, owned by Estevan Engineering Ltd.;
CARRIED
ENVIRONMENTAL SERVICES
LIQUID WASTE
Greater Nanaimo Pollution Control Centre Dewatering Upgrade.
MOVED Director Krall, SECONDED Director McNabb, that the Regional District of Nanaimo award supply of a centrifuge for the GNPCC Dewatering upgrade for the tendered amount of $322,070 to Alfa Laval.
CARRIED
SOLID WASTE
Notice of Intent to Issue Landfill Operation Certificate No. MR-01714.
MOVED Director Krall, SECONDED Director McNabb,:
1. That the Board accept the attached Operational Certificate as drafted by the Regional Waste Manager and publish the Notice of Intent; and
2. That the Board approve the establishment of a new Environmental Technician position for the Solid Waste Department to inspect, maintain and operate the environmental protection systems required in the Operational Certificate.
CARRIED
COMMISSION, ADVISORY & SELECT COMMITTEE
Grants-In-Aid Committee.
MOVED Director Hamilton, SECONDED Director Longmuir, that the minutes of the Grants-in-Aid Committee meeting held October 20, 2003 be received for information.
CARRIED
MOVED Director Krall, SECONDED Director Kreiberg, that the following grants be approved:
School District 68:
Cedar Community Association $ 2,632
Cedar School & Community Enhancement Society $ 879
The Hope Centre $ 565
Nanaimo Search & Rescue Society $ 750
$ 4,826
CARRIED
MOVED Director Bartram, SECONDED Director Longmuir, that the following grants be approved:
School District 69:
District 69 Society of Allied Support Groups $ 500
District 69 Volunteer Association $ 2,690
Lighthouse Country Marine Rescue Society $ 2,500
Mount Arrowsmith Elder Abuse Prevention Comm. $ 310
Oceanside Community Arts Council $ 1,000
Parksville Qualicum Beach & District BCSPCA $ 500
RCMP Auxiliary $ 500
TOTAMS � Time Out for Tots & Moms $ 450
$ 8,450
CARRIED
BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS
Proposed Liquid Natural Gas Facility on Vancouver Island.
MOVED Director Krall, SECONDED Director Westbroek, that the Regional District of Nanaimo indicate to Terasen Gas that the Board is willing to consider location of the Liquefied Natural Gas storage facility proposed for Vancouver Island within the regional boundaries subject to resolution of any technical issues related to fire and seismic safety, aesthetics, structural considerations and other issues including the environmental impact.
CARRIED
Nanaimo Area Land Trust Core Funding Support.
MOVED Director Holdom, SECONDED Director Hamilton, that the request from the Nanaimo Area Land Trust for core funding be referred to the 2004 budget process.
CARRIED
NEW BUSINESS
Mines Act Permit Amendment Application � Copcan Contracting Limited � Jameson Road.
MOVED Director D. Haime, SECONDED Director Holdom, that a letter be sent to the Chief Inspector of Mines stating that the Regional District of Nanaimo does not support the amendment, stating clearly that crushing/processing is against our zoning and land use bylaws, the community�s OCP and is in contradiction of the public consultation process the RDN was part of in 1999/2000 and that a copy of the letter be sent to Minister Neufeld and the local MLA�s.
CARRIED
MOVED Director D. Haime, SECONDED Director Holdom, that the Board reaffirm to the residents that if crushing/processing takes place on the Jameson Road property the Regional District of Nanaimo will take action if its bylaws are contravened.
CARRIED
MOVED Director D. Haime, SECONDED Director McNabb, that the RDN get a second legal opinion with regards to the rights of the RDN to enforce its zoning bylaws and the legal rights available to them.
CARRIED
UNANIMOUSLY
SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS
Intergovernmental Advisory Committee.
MOVED Director McNabb, SECONDED Director Bibby, that the minutes of the Intergovernmental Advisory Committee meeting held October 29, 2003 be received for information.
CARRIED
Regional Growth Monitoring Advisory Committee/State of Sustainability Project.
MOVED Director Krall, SECONDED Director Holdom, that the minutes of the Regional Growth Monitoring Advisory Committee/State of Sustainability Project meetings held October 21 and November 4, 2003 be received for information.
CARRIED
Area �B� Parks & Open Space Advisory Committee.
MOVED Director Sperling, SECONDED Director D. Haime, that the minutes of the Area �B� Parks & Open Space Advisory Committee meeting held September 8, 2003 be received for information.
CARRIED
ADMINISTRATOR�S REPORT
Results of the Emergency Wharf Referendum (Bylaw No. 1357) � Area B.
MOVED Director Sperling, SECONDED Director D. Haime, that the official results of the Electoral Area �B� Emergency Wharf Referendum be received for information.
CARRIED
MOVED Director Sperling, SECONDED Director Bibby, that "Descanso Bay Wharf Service Bylaw No. 1357, 2003", be adopted.
CARRIED
French Creek Water LSA � Proposed Advisory Committee.
MOVED Director McNabb, SECONDED Director Westbroek, that the appointments to the French Creek Water Local Service Area Advisory Committee be held in abeyance until the Chartwell incorporation matter has been resolved.
CARRIED
Financing Alternatives for Oceanside Place.
MOVED Director Westbroek, SECONDED Director Biggemann, that the Town of Qualicum Beach be requested to confirm its interest in prepaying its share of capital costs on or before March 2004.
CARRIED
Revision to Development Permit No. 60348 � Symington � 857 Flamingo Drive � Area G.
MOVED Director Hamilton, SECONDED Director Bartram, that Development Permit No. 60348, submitted by Fern Road Consulting, Agent, on behalf of Wilfred Alan Symington and Margaret Lynn Symington, be amended to vary the minimum setback from the natural boundary as shown on the subdivision plan, from 8.0 metres to 6.7 metres to permit the siting of a deck as shown on Schedule No. 1.
CARRIED
Bill 75 � Significant Projects Streamlining Act.
MOVED Director Korpan, SECONDED Director McNabb, that the Regional District of Nanaimo strongly support the UBCM in its position of opposing the proposed legislation included in Bill 75 and that a copy of this correspondence be sent to the Premier, Minister Nebbeling and the Attorney General.
CARRIED
IN CAMERA
MOVED Director Krall, SECONDED Director Longmuir, 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.
CARRIED
ADJOURNMENT
MOVED Director McNabb, SECONDED Director Krall, that this meeting be adjourned to allow for an In Camera meeting.
CARRIED
TIME: 8:10 PM
CHAIRPERSON GENERAL MANAGER, CORPORATE SERVICES