PAGES
1. CALL TO ORDER
12 Geraldine Babiy, re Electoral Area F Zoning & Subdivision Bylaw No. 1285.
3. BOARD MINUTES
13-23 Minutes of the Board meeting and Board Seminar held on January 13, 2004 and the Special Board meeting held on January 27, 2004.
4. BUSINESS ARISING FROM THE MINUTES
24 Kathleen Bennett, re DVP No. 90324 Eddy 5058 Longview Drive Area H.
BYLAWS
For Adoption.
Bylaw No. 1363 Englishman River Community Storm Water Management Service Area Establishment Bylaw. (All Directors One Vote)
7.1 ELECTORAL AREA PLANNING STANDING COMMITTEE
25-29 Minutes of the Electoral Area Planning Committee meeting held January 27, 2004. (for information)
PLANNING
AMENDMENT APPLICATIONS
Zoning Amendment Application No. ZA0313 Slocombe Parker Way & Teds Road Area E. (Electoral Area Directors except EA B One Vote)
1. That the minutes of the Public Information Meeting held on January 14, 2004 be received.
2. That "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.298, 2004" be given 1st and 2nd reading.
3. That "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.298, 2004" proceed to public hearing.
4. That the public hearing on "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.298, 2004" be delegated to Director Bibby or her alternate.
DEVELOPMENT PERMIT APPLICATIONS
DP Application No. 60358 Smith & Tomei/Timberlake Jones Clayton Crescent Area E. (Electoral Area Directors except EA B One Vote)
Delegations wishing to speak to Application No. 60358.
That Development Permit No. 60358, submitted by Timberlake Jones Engineering on behalf of T. Smith & N. Tomei, for the protection of an eagle nest tree designated within the Sensitive Ecosystem Development Permit Area, in conjunction with the proposed subdivision of the parcel legally described as Lot 3, District Lot 52, Nanoose District, Plan VIP67511, be approved, subject to the requirements outlined in Schedule Nos. 1, 2 and 3.
DP Application No. 60359 Horne Lake Strata Corp. Finholm Strata Lot 313 Horne Lake 2498 Shady Lane Area H. (Electoral Area Directors except EA B One Vote)
Delegations wishing to speak to Application No. 60359.
That Development Permit Application No. 60359, submitted by the agent, Keith Finholm, on behalf of Horne Lake Land Corporation, for the property legally described as Strata Lot 313, District Lot 251, Alberni District, Strata Plan VIS5160, Together with an Interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as Shown on Form V, requesting to relax the minimum setback requirements for all watercourses except Horne Lake from 15.0 metres from the top of bank to 5.0 metres in order to accommodate the siting of a recreational residence with deck and porch, and an accessory building, 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 No. 90324 Eddy 5058 Longview Drive Area H. (Electoral Area Directors except EA B One Vote)
Delegations wishing to speak to Application No. 90324.
That Development Variance Permit Application No. 90324, submitted by Diane Eddy and Nelson Eddy, to legalize the existing accessory buildings and structures within a Residential 2 (RS2) zone by varying the minimum permitted setbacks for lot lines and for a watercourse, as shown in Schedule No. 3 of this staff report, for the property legally described as Lot 43, District Lot 28, Newcastle District, Plan 22249, be approved subject to the conditions outlined in Schedule No. 1 and subject to the notification procedures pursuant to the Local Government Act.
DVP No. 90325 Green Martindale Road Area G. (Electoral Area Directors except EA B One Vote)
Delegations wishing to speak to Application No. 90325.
That Development Variance Permit No. 90325, submitted by Dale Green and Peggy Green, to facilitate the development of a single dwelling unit within a Rural 1 (RU1) zone by varying the minimum permitted setback to the south lot line from 8.0 metres to 4.0 metres, for the property legally described as Lot 9, District Lot 128, Nanoose District, Plan 20938, be approved as amended, subject to notification procedures pursuant to the Local Government Act and subject to the conditions outlined in Schedule No. 1, as amended.
DVP No. 90326 & Request for Minimum 10% Frontage Requirement RK Brown & Associates on behalf of Wayne Roine Farrar, Yellow Point & McQuarrie Roads Area A. (Electoral Area Directors except EA B One Vote)
Delegations wishing to speak to Application No. 90326.
That the request, submitted by RK Brown, on behalf of Wayne Roine to relax the minimum 10% frontage requirement for the Proposed Lot 1, as shown on the revised plan of subdivision of The East 20 Chains of Section 5, Range 5, Cedar District, Except Parcel C (DD2340N) and Except That Part in Plan 8609 and to allow the creation of a non-contiguous parcel in conjunction with the proposed 3-lot subdivision, be approved subject to the notification requirements pursuant to the Local Government Act.
DVP No. 90401 Sertic Simmons (Jorgensen) 3525 Shetland Place Area E. (Electoral Area Directors except EA B One Vote)
Delegations wishing to speak to Application No. 90401.
That Development Variance Permit Application No. 90401, submitted by the agent, Peter Jorgensen, on behalf of Marijan Sertic and Renate Dawn Simmons, for the property legally described as Strata Lot 48, District Lot 78, Nanoose District, Strata Plan VIS3393 Together with an Interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as Shown on Form 1 to:
a) Relax the minimum setback requirements for the front lot line from 8.0 metres to 2.85;
b) Relax the minimum setback requirements for the west interior side lot line from 2.0 metres to 0.0 metres;
in order to accommodate the siting of a riprap retaining wall 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.
OTHER
Aquaculture Official Community Plan & Zoning Amendment Issues & Public Consultation Strategy. (Electoral Area Directors except EA B One Vote)
That the staff report on Aquaculture containing the minutes of the Public Consultation Strategy be received.
That staff arrange a public information meeting to present the draft zoning bylaws and OCP policy amendments to the public, government agencies and the shellfish industry.
That staff prepare official referrals for the proposed amendments and forward them to the agencies listed in the Public Consultation Framework.
That staff contact those landowners on the list supplied by MAFF that have an existing aquaculture facility on non-ALR land for comments on the proposed site specific zoning amendment for these properties.
That the existing definition of aquaculture pursuant to RDN Subdivision and Land Use Bylaw No. 500, 1987 be expanded to specific types of aquaculture so that no confusion exists between various types of aquaculture that will or will not be permitted in the RDN land use regulations.
That the siting criteria or guidelines in OCP policies for considering zoning amendments to facilitate more intensive aquaculture development including seafood processing and zoning amendment applications for new sites outside identified areas proposed in the staff report be reviewed with appropriate federal and provincial ministries to ensure consistency and concurrence and to ensure no duplication of the requirements.
That the proposal in the report to reduce noise and visual impacts for upland owners and provide a safer environment for employees by encouraging shellfish growers to conduct their operations in a building rather than on vessels or outside on decks on the lease area be strengthened by not only expanding the building envelope in the RDN land use bylaw but entering into discussion with the Shellfish Growers Association and the provincial ministry to have them endorse this best practice policy.
That the RDN enter into a review of the existing Memorandum of Understanding with LWBC to ensure they provide a referral on any proposed aquaculture leases in the RDN, to include any public notification requirements in appropriate local newspapers.
That the RDN enter into a Memorandum of Understanding with the Ministry of Agriculture on various types of aquaculture best practices.
That Schedule No. 2 policy proposal "New Aquaculture Development" be held in abeyance until after discussion with appropriate federal and provincial ministries to ensure consistency and concurrence and to ensure no duplication of the stated information requirements.
That Schedule No. 2 be amended to read "Electoral Area H Bylaw No. 1335, 2003" Section 5.2 "Resource Lands" and Section 5.3, "Rural Lands", at the bottom of the Schedule.
That the General Manager of Development Services begin individual discussions with RDN Directors on possible OCP map zoning amendments prior to beginning public information meetings.
Intergovernmental Advisory Committee. (Electoral Area Directors except EA B One Vote)
That the report "Intergovernmental Advisory Committee" be received.
Nanoose Bay Official Community Plan Terms of Reference Area E. (Electoral Area Directors except EA B One Vote)
1. That the staff report on the Nanoose Bay Official Community Plan Terms of Reference be received.
2. That the Nanoose Bay Official Community Plan Terms of Reference (Attachment No. 1) be endorsed by the Board.
NEW BUSINESS
Board of Variance. (All Directors except EA B One Vote)
That staff be directed to prepare a report on the Board of Variances authority and make recommendations on possible revisions to the public information guide, fees and relationship to the RDN development variance permit process; and further that this report be presented to the Board following the Provinces Board of Variance seminar.
That staff review and report back to Committee on policies with respect to retrospective variance applications.
7.2 COMMITTEE OF THE WHOLE STANDING COMMITTEE
30-36 Minutes of the Committee of the Whole Committee meeting held January 27, 2004. (for information)
COMMUNICATIONS/CORRESPONDENCE
Tom Krall, Chair, Vancouver Island Regional Library Board, re Library Book Rate Petition. (All Directors One Vote)
That the correspondence from the Vancouver Island Regional Library Board requesting support in urging the Minister of Canadian Heritage and the President/CEO of Canada Post to maintain the current Canada Post library rate be received for information.
Maureen Surkan, re Walkers Animal Rescue Centre 1810 Nevan Brae Road Area A. (All Directors One Vote)
That the correspondence from Ms. Surkan with respect to her support of the Walker Animal Rescue Centre and the need for the service it provides be received.
COMMUNITY SERVICES
Establishment of a New Service to Manage Hogweed as a Noxious Weed. (All Directors One Vote)
1. That the report, "Establishment of a Service to Manage Hogweed as a Noxious Weed" be received.
2. That the Regional District of Nanaimo not establish a new service to manage hogweed.
RECREATION & PARKS
Lighthouse Community Centre Society Request for Funding Area H. (All Directors Weighted Vote)
That the Regional District enter into an Agreement with the Lighthouse Community Centre Society to provide funding assistance over four years for capital improvements, with $15,000 to be allocated in 2004 and subsequent years assistance to be confirmed through consultation with the Society and annual Regional District budget approvals.
Nanaimo Area Land Trust Funding Request. (All Directors One Vote)
That the report on the Nanaimo Area Land Trust request for $16,000 in core funding in 2004 from the Regional District, be received.
That the NALT request for $16,000 in core funding be referred to the Budget Committee meeting.
REGIONAL GROWTH MANAGEMENT
Regional Context Statements Content & Review Process. (All Directors except EA B One Vote)
CORPORATE SERVICES
ADMINISTRATION
Establishing Bylaw Amendments District of Lantzville Incorporation:
Recycling and Compulsory Collection Local Service Amendment Bylaw No. 793.02. (All Directors One Vote)
That "Recycling and Compulsory Collection Local Service Amendment Bylaw No. 793.02, 2004" be introduced for first three readings and be forwarded to the Ministry of Community, Aboriginal and Womens Services for approval.
RDN District 68 E-911 Extended Service Area Amendment Bylaw No. 887.02. (All Directors One Vote)
That "Regional District of Nanaimo District 68 E-911 Extended Service Area Amendment Bylaw No. 887.02, 2004" be introduced for first three readings and be forwarded to the Ministry of Community, Aboriginal and Womens Services for approval.
RDN Pump & Haul Local Service Area Amendment Bylaw No. 975.31. (All Directors One Vote)
That "Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.31, 2004" be introduced for first three readings and be forwarded to the Ministry of Community, Aboriginal and Womens Services for approval.
Solid Waste Management Local Service Amendment Bylaw No. 792.01. (All Directors One Vote)
That "Solid Waste Management Local Service Amendment Bylaw No. 792.01, 2004" be introduced for first three readings and be forwarded to the Ministry of Community, Aboriginal and Womens Services for approval.
Southern Community Recreation Local Service Area Amendment Bylaw No. 1059.03. (All Directors One Vote)
That "Southern Community Recreation Local Service Area Amendment Bylaw No. 1059.03, 2004" be introduced for first three readings and be forwarded to the Ministry of Community, Aboriginal and Womens Services for approval.
Southern Community Transit Service Area Amendment Bylaw No. 1230.02. (All Directors One Vote)
That "Southern Community Transit Service Area Amendment Bylaw No. 1230.02, 2004" be introduced for first three readings and be forwarded to the Ministry of Community, Aboriginal and Womens Services for approval.
Certified Population Figures District of Lantzville. (All Directors One Vote)
That the report regarding the certified population figures for Lantzville be received for information.
FINANCE
San Pareil Water Service Security Issuing Bylaw No. 1367.
(All Directors Weighted Vote)
(All Directors 2/3)
2004 Parcel Tax Rolls. (All Directors 2/3)
2004 Revenue Anticipation Borrowing Bylaw No. 1368.
(All Directors Weighted Vote)
(All Directors 2/3)
Ethical Purchasing Principles. (All Directors One Vote)
That Regional District staff include in future tenders for employee clothing, a term requiring the supplier to certify that they have not knowingly provided products which have been manufactured in factories where children are used as slave labour or under other exploitative circumstances.
Oceanside Place - Multiplex Financing. (All Directors One Vote)
That the report on multiplex financing be received for information.
ENVIRONMENTAL SERVICES
LIQUID WASTE
Pump and Haul Local Service Area Amendment Bylaw No. 975.33 180 Burne Road Area H. (All Directors One Vote)
Greater Nanaimo Pollution Control Centre Biosolids Composting Quote Results. (All Directors One Vote)
That this item be deferred to allow for District of Lantzville and Regional District staff to meet on this issue and to allow time for review by District of Lantzville Council and further that, following these meetings, a report be forwarded to the Board for consideration.
SOLID WASTE
Policy for Solid Waste Disposal Fee Waiver Requests. (All Directors Weighted Vote)
That staff be directed to prepare a policy that retains the illegal dumping clean up protocol and provides options for existing no-charge accounts.
That staff be directed to send a letter to the Salvation Army advising them that their request for tipping fee relief for construction and demolition debris from their new facility cannot be supported.
UTILITIES
Unconfined Aquifer Protection Resolution. (All Directors One Vote)
That the Board advance the following resolution to AVICC and UBCM:
WHEREAS the Regional District of Nanaimo has previously advanced a resolution to AVICC/UBCM expressing support for new provincial groundwater protection legislation and identifying a need for the province to provide the resources and initiative to implement its legislative responsibility and authority for the provinces groundwater resource;
AND WHEREAS it is recognized that although groundwater protection legislation should address all groundwater resources in the province, some areas of the province are underlain by unconfined aquifers that may be more vulnerable to contamination from certain surface activities and if these aquifers become contaminated, they may require a long time or substantial costs to resolve the impact;
THEREFORE BE IT RESOLVED THAT the Province, in enacting groundwater protection legislation, insure that the regulatory and operational requirements that apply to the commercial, industrial and development sectors are sufficiently prescriptive and will be effectively administered and enforced to protect the Provinces unconfined aquifers from contamination.
French Creek Sewer LSA Bylaw No. 813.28 and Northern Community Sewer LSA Bylaw No. 889.24 792 Reid Road Area G. (All Directors One Vote)
COMMISSION, ADVISORY & SELECT COMMITTEE
Electoral Area B Parks & Open Space Advisory Committee. (All Directors One Vote)
That the minutes of the Electoral Area B Parks & Open Space Advisory Committee meeting held November 3, 2003 be received for information.
Regional Waste Advisory Committee. (All Directors One Vote)
That the minutes of the Regional Waste Advisory Committee meeting held December 4, 2003 be received for information.
District 69 Recreation Commission.
(All Directors One Vote)
That the minutes of the District 69 Recreation Commission meeting held January 13, 2004 be received for information.
(Parksville, Qualicum Beach, Electoral Areas F, G, H Weighted Vote)
That the Ravensong Aquatic Steam Room/Dry Sauna project be approved for tender.
Intergovernmental Advisory Committee. (All Directors One Vote)
That the minutes of the Intergovernmental Advisory Committee meeting held January 14, 2004 be received for information.
BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS
Library Book Rate Petition. (Electoral Area Directors - Weighted Vote)
That the Regional District of Nanaimo advise the Minister of Canadian Heritage of the Regional Districts support for the maintenance of the Canada Post library rate and the inclusion of informational, recreational and educational audiovisual materials in the library rate.
7.4 COMMISSIONS
7.5 SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS
Appointment to Nanaimo Airport Commission. (All Directors One Vote)
That Brian Smith be appointed to the Nanaimo Airport Commission for a term ending April, 2005.
Electoral Area A Parks & Greenspace Advisory Committee. (All Directors One Vote)
That Margaret Johnson be appointed to the Electoral Area A Parks & Greenspace Advisory Committee for a term ending December 31, 2005.
37-39 Regional Growth Management Services Public Workshops: Sustainability & Drinking Water Protection. (All Directors One Vote)
40-47 Liquid Waste Management Southern Community Local Service Area Function Review. (All Directors One Vote)
48-50 Solid Waste Management Costs. (All Directors One Vote)
51-53 Repeal Structure Removal Bylaw No. 1362 Unsafe Building 4025 West Island Highway - Area G. (All Directors One Vote)
54-58 Bylaw Contravention - Unsightly Premises Littlewood 2406 Nanoose Beach Road Area E. (All Directors One Vote)
59-62 Bylaw Contravention - Unsightly Premises Beavan/Lackie - 3030 Barnes Road Area A. (All Directors One Vote)
63-93 Electoral Area F Zoning & Subdivision Bylaw No. 1285 Finetuning Project. (Electoral Area Directors except EA B One Vote)
94-95 Permissive Tax Exemption Request. (All Directors Weighted Vote)
11. NEW BUSINESS
12. BOARD INFORMATION (Separate enclosure on blue paper)
14. IN CAMERA
That pursuant to section 242.2(1)(a), (c) and (h) of the Local Government Act the Board proceed to an In Camera meeting to consider personnel issues, employee negotiations and legal matters.