REGIONAL DISTRICT OF NANAIMO
BOARD MEETING
TUESDAY, NOVEMBER 18, 2003
7:00 PM
(RDN Board Chambers)

A G E N D A

PAGES

1. CALL TO ORDER

    1. DELEGATIONS

8 Randy O’Donnell, re Zoning Inconsistencies - Area D.

9 Derek Poteryko, re Jameson Road Quarry – Area D.

3. BOARD MINUTES

10-20 Minutes of the Board meeting held on October 14, 2003.

4. BUSINESS ARISING FROM THE MINUTES

    1. COMMUNICATIONS/CORRESPONDENCE

21 Donna & Bernd Mason re DP Application No. 60354 – French Creek Estates Ltd. – Columbia Drive – Area G.

    1. UNFINISHED BUSINESS
    2. Public Hearing.

      22-36 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. (Electoral Area Directors except EA ‘B’ – One Vote)

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

7.1 ELECTORAL AREA PLANNING STANDING COMMITTEE

37-40 Minutes of the Electoral Area Planning Committee meeting held October 28, 2003. (for information)

PLANNING

AMENDMENT APPLICATIONS

Zoning Amendment Application No. ZA0312 – Richard Irwin on behalf of Tower Fence Products – 1882 Fielding Road – Area A. (Electoral Area Directors except EA’B’ – One Vote)

1. That the minutes from the Public Information Meeting held on October 15, 2003 be received.

2. That "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.297, 2003" be given 1st and 2nd reading.

3. That "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.297, 2003" proceed to public hearing.

4. 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.

DEVELOPMENT PERMIT APPLICATIONS

DP Application No. 60351 – Hawthorne & Anscombe – 816 Flamingo Drive –Area G. (Electoral Area Directors except EA’B’ – One Vote)

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.

DP Application No. 60352 – Fern Road Consulting Ltd./Pepler – 3395 Blueback Drive – Area E. (Electoral Area Directors except EA’B’ – One Vote)

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.

DP Application No. 60354 – French Creek Estates Ltd. – Columbia Drive – Area G. (Electoral Area Directors except EA’B’ – One Vote)

That Development Permit Application No. 60354, submitted by W.R. Colclough, Agent, on behalf of French Creek Estates, to relax the minimum setback requirement for four corner lots within a Residential 5 (RS5) zone as set out in Schedule No. 3 of the corresponding staff report, for the property legally described as Lots 1 and 2, District Lot 28, Nanoose District, Plan VIP62528, 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.

DEVELOPMENT VARIANCE PERMIT APPLICATIONS

DVP Application No. 9623 Addendum – Gerald Rupp – 1570 Fawcett Road – Area A. (Electoral Area Directors except EA’B’ – One Vote)

Delegations wishing to speak to Application No. 9623.

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.

DVP Application No. 90321 – RG Fuller & Associates on behalf of Land & Water BC – Alberni Highway – Area F. (Electoral Area Directors except EA’B’ – One Vote)

Delegations wishing to speak to Application No. 90321.

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.

OTHER

Building Strata Conversion Application – Fern Road Consulting Ltd. on behalf of Ocean Place Holdings Ltd. – 1600 Stroulger Road – Area E. (Electoral Area Directors except EA’B’ – One Vote)

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.

Technical Review Planning Project – Bylaw No. 500 – Public Consultation Framework. (Electoral Area Directors except EA’B’ – One Vote)

1. That the staff report on the Bylaw No. 500 Planning Project be received.

2. That the Public Consultation Framework as set out in Attachment No. 1 of the staff report be endorsed by the Board.

Aquaculture – OCP and Zoning Amendments Issues & Public Consultation Framework. (Electoral Area Directors except EA’B’ – One Vote)

That this item be referred back to staff for further information prior to going to the Board.

7.2 COMMITTEE OF THE WHOLE STANDING COMMITTEE

41-46 Minutes of the regular Committee of the Whole meeting held October 28, 2003. (for information)

COMMUNITY SERVICES

Nanaimo Area Land Trust Update on Mount Benson. (All Directors – One Vote)

That the update report on Mount Benson and the efforts of the Nanaimo Area Land Trust be received for information.

CORPORATE SERVICES

ADMINISTRATION

Policy A1.2 – Distribution of Agendas. (All Directors – One Vote)

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.

Regional Services Review – Terms of Reference. (All Directors – One Vote)

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.

FINANCE

Financing Alternatives for Oceanside Place. (Electoral Area’s E, F, G, H & City of Parksville, Town of Qualicum Beach – Weighted Vote)

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.

DEVELOPMENT SERVICES

BUILDING INSPECTION

Section 700 Filings. (All Directors – One Vote)

Delegations wishing to speak.

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 may be pursued:

    1. 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;
    2. Lot 1, Section 14, Range 4, Cedar Land District, Plan 26045, 1841 Shasta Road, Electoral Area ‘A’, owned by Estevan Engineering Ltd.;

ENVIRONMENTAL SERVICES

LIQUID WASTE

Greater Nanaimo Pollution Control Centre Dewatering Upgrade. (All Directors – Weighted Vote)

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.

SOLID WASTE

Notice of Intent to Issue Landfill Operational Certificate No. MR-01714. (All Directors – Weighted Vote)

    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.

COMMISSION, ADVISORY & SELECT COMMITTEE

Grants-In-Aid Committee.

(All Directors – One Vote)

That the minutes of the Grants-in-Aid Committee meeting held October 20, 2003 be received for information.

That the following grants be approved:

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

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

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

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

BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

Proposed Liquid Natural Gas Facility on Vancouver Island. (All Directors – One Vote)

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.

Nanaimo Area Land Trust Core Funding Support. (All Directors – One Vote)

That the request from the Nanaimo Area Land Trust for core funding be referred to the 2004 budget process.

NEW BUSINESS

Mines Act Permit Amendment Application – Copcan Contracting Limited - Jameson Road. (All Directors – One Vote)

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.

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.

    1. EXECUTIVE STANDING COMMITTEE

7.4 COMMISSIONS

7.5 SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS

Intergovernmental Advisory Committee.

47-49 Minutes of the Intergovernmental Advisory Committee meeting held October 29, 2003. (for information)

Regional Growth Monitoring Advisory Committee/State of Sustainability Project.

50-53 Minutes of the Regional Growth Monitoring Advisory Committee/State of Sustainability Project meetings held October 21 & November 4, 2003. (for information)

Area ‘B’ Parks & Open Space Advisory Committee.

54-59 Minutes of the Area ‘B’ Parks & Open Space Advisory Committee meeting held September 8, 2003. (for information)

    1. ADMINISTRATOR’S REPORT
    2. 60-61 Results of the Emergency Wharf Referendum (Bylaw No. 1357) – Area B. (All Directors – One Vote)

      62 French Creek Water LSA – Proposed Advisory Committee. (All Directors – One Vote)

      Financing Alternatives for Oceanside Place. (Report to be circulated)

    3. ADDENDUM
    4. 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.