REGIONAL DISTRICT OF NANAIMO

 

BOARD MEETING

TUESDAY, JULY 13, 2004

7:00 PM

 

(RDN Board Chambers)

 

 

A G E N D A

PAGES

 

            1.            CALL TO ORDER

 

            2.            DELEGATIONS

 

11 Bev Voigt, re Development Permit Application No. 60429 – Bev & Gerd Voigt, on behalf of 642703 BC Ltd. – off Kaye Road & the Island Highway – Area E.

 

12-13 Tim Clermont, re Pacific Shores Sewer LSA Amendment Bylaw No. 1021.05 and Northern Community Sewer LSA Bylaw No. 880.26 – 1520 Terrien Road – Area E.

 

14 Helen Sims, re Development Permit Application No. 60423 & Request for Relaxation of the Minimum 10% Frontage Requirement – Fern Road Consulting Ltd., on behalf of Forevergreen Properties Ltd. – Adjacent to Inland Island Highway accessed from Coldwater Road – Area G.

 

            3.            BOARD MINUTES

 

15-29                Minutes of the Board meeting held on June 8, 2004.

 

            4.            BUSINESS ARISING FROM THE MINUTES

 

            5.            COMMUNICATIONS/CORRESPONDENCE

 

30-34 H. Heringa, re Development Permit Application No. 60429 – Bev & Gerd Voigt, on behalf of 642703 BC Ltd. – off Kaye Road & the Island Highway – Area E.

 

            6. UNFINISHED BUSINESS

 

                        BYLAWS

 

                        For Adoption.

 

                        Bylaw No. 1385 – Bow Horne Bay Fire Protection Service Area Establishment Bylaw - Resolution to Incorporate Bow Horn Bay Fire Improvement District as a Regional District Service Area.  (All Directors – One Vote)

 

35-38 Bylaw No. 500.299 - Zoning Amendment Application No. ZA0401 – Bob Colclough, on behalf of BC Buildings Corporation – 1329 Kipp Road – Area A. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Public Hearing.

 

39-41 Bylaw No. 1285.04 – Report of the Public Hearing held June 10, 2004 with respect to Zoning Amendment Application No. ZA0408 – Kathleen Minard & Fred Karlzen – 1730 & 1740 Alberni Highway – Area F. (Electoral Area Directors except EA ‘B’ – One Vote)

 

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

 

            7.1 ELECTORAL AREA PLANNING STANDING COMMITTEE

 

42-45                Minutes of the Electoral Area Planning Committee meeting held June 22, 2004.  (for information)

 

                        PLANNING

 

                        AMENDMENT APPLICATIONS

 

                        Zoning Amendment Application No. 0410 – Keith Brown & Associates, on behalf of 646268 BC Ltd. (Country Kitchen) – 1922 Schoolhouse Road – Area A.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

1. That Zoning Amendment Application No. ZA0410 submitted by Keith Brown & Associates, on behalf of 646268 BC Ltd. to rezone the property legally described as Lot 1, Section 13, Range 6, Cranberry District, Plan 12009, from split zone [Residential 2, Subdivision District F (RS2F)/ Commercial 1 Subdivision District M (CM1M)] to Comprehensive Development 18 Subdivision District ‘Z’ (CD18Z) in order to facilitate light industrial uses comprising of a mini warehouse use and a heavy equipment display/servicing use be approved to proceed to public hearing.

 

2. That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.301, 2004” be given 1st and 2nd reading.

 

3. That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.301, 2004” proceed to public hearing.

 

4. That the public hearing on “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.301, 2004” be delegated to Director Kreiberg or his alternate.

 

                        DEVELOPMENT PERMIT APPLICATIONS

 

                        Development Permit Application No. 60413 – W. Erskine on behalf of Eric & Patricia Robinson – 3027 & 3029 Landmark Crescent – Area D.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DP Application No. 60413.

 

                        That Development Permit Application No. 60413, submitted by the agent Wayne Erskine on behalf of Eric and Patricia Robinson to legalize the placement of clean fill within an Environmentally Sensitive Development Permit Area on the subject property legally described as Lot 3, Section 20, Range 3, Mountain District, Plan 31215 located at 3027 and 3029 Landmark Crescent in Electoral Area ‘D’ be approved, subject to the Conditions of Approval outlined in Schedules No. 1 and 2.

 

Development Permit Application No. 60423 & Request for Relaxation of the Minimum 10% Frontage Requirement – Fern Road Consulting Ltd., on behalf of Forevergreen Properties Ltd. – Adjacent to Inland Island Highway accessed from Coldwater Road – Area G.

 

                                                Delegations wishing to speak to DP Application No. 60423.

 

That the request, submitted by Fern Road Consulting Ltd., on behalf of Forevergreen Properties Ltd., to allow the creation of a subdivision within the Watercourse Protection and Inland Island Highway Development Permit Areas and to relax the minimum 10% frontage requirement for proposed Lot 5 as shown on the plan of subdivision of Lot A, Block 1438, Plan VIP64704 and Proposed Closed Road, Plan 742, Both of Nanoose District, subject to Schedules No. 1 & 2, be denied.

 

                        Development Permit Application No. 60429 – Bev & Gerd Voigt, on behalf of 642703 BC Ltd. – off Kaye Road & the Island Highway – Area E.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DP Application No. 60429.

 

                        That the request, submitted by Bev and Gerd Voigt, on behalf of 642703 BC Ltd., to create new parcels and dedicate and construct a road as part of a 6-lot subdivision proposal for property designated within the Farm Land Protection, Watercourse Protection, and Sensitive Ecosystems Development Permit Areas and to relax the minimum setback requirement for an existing barn building from 30.0 metres to 13.0 metres from the proposed new lot line as shown on the plan of subdivision of District Lot 44, Nanoose District, Except Parts in Plans 39893, 3132 RW, be approved subject to Schedules No. 1 and 2 and the notification procedures pursuant to the Local Government Act.

 

                        Development Permit Application No. 60431 – Wiebe – 6359 West Island Highway – Area H.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DP Application No. 60431.

 

                        That Development Permit Application No. 60431 submitted by Rob Wiebe to vary the maximum height of two recently constructed dwelling units (1 of which is a suite in a detached garage) from 8.0 metres to 8.2 metres to recognize their height and to permit the installation of a septic field within the Environmentally Sensitive Areas Development Permit Area on the property legally described as Lot 1, District Lot 22, Newcastle District, Plan 19682, be approved subject to the requirements outlined in Schedule Nos. 1, 2, 3 and 4 and subject to notification requirements pursuant to the Local Government Act.

 

                        OTHER

 

                        Request for Relaxation of the Minimum 10% Perimeter Requirement – WR Hutchinson, BCLS, on behalf of Boa Enterprises Ltd. – South Forks Road – Area C.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        That the request from WR Hutchinson, BCLS, on behalf of Boa Enterprises Ltd., to relax the minimum 10% frontage requirement for proposed Lot A, as shown on the plan of subdivision of District Lot 3, Douglas District, be approved.

 

                        Electoral Area F Zoning & Subdivision Bylaw No. 1285 – Finetuning Project – ALR Properties.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

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

 

That the revised Terms of Reference as outlined in Attachment No. 3, be endorsed by the Board.

 

                        Nanaimo Airport – Official Community Plan & Zoning Bylaw Amendments – 3350 Spitfire Road – Area A.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

1. That the report on the proposed amendments to the “Electoral Area ‘A’ Official Community Plan Bylaw No. 1240, 2001” and “RDN Land Use and Subdivision Bylaw No. 500” for the Nanaimo Airport be received for information.

 

2. That the Consultation Strategy for the proposed amendments to the “Electoral Area ‘A’ Official Community Plan Bylaw No. 1240, 2001” and “RDN Land Use and Subdivision Bylaw No. 500” current zoning for the Nanaimo Airport be approved.

 

3. That a public information meeting be scheduled on the proposed amendments to the “Electoral Area ‘A’ Official Community Plan Bylaw No. 1240, 2001” and “RDN Land Use and Subdivision Bylaw No. 500” current zoning for the Nanaimo Airport.

 

4. That the Public Information Meeting be chaired by Director Henrik Kreiberg or his alternate (Electoral Area ‘A’).

 

5. That the proposed OCP and Zoning Amendments be referred to the Nanaimo Airport Select Committee after the Public Information Meeting is held and preliminary referral responses are received from other jurisdictions.

 

7.2              COMMITTEE OF THE WHOLE STANDING COMMITTEE

 

46-53                Minutes of the regular Committee of the Whole meeting held June 22, 2004.  (for information)

 

                        COMMUNICATION/CORRESPONDENCE

 

                        Mark Zaborniak, re Section 57 of the Community Charter – Contravention of Bylaw – 1570 Seacrest Road – Area E.  (All Directors – One Vote)

 

                        That the correspondence from Mr. Zaborniak requesting a deferral be received.

 

                        COMMUNITY SERVICES

 

                        RECREATION

 

                        Recreation Facilities & Sportsfields Usage Survey.  (All Directors – One Vote)

 

                        That the 2004 Recreation Facilities and Sportsfields Usage Survey report be received as information.

 

                        REGIONAL GROWTH MANAGEMENT

 

                        Presentation – Sustainability Workshop Report & Regional Growth Monitoring Advisory Committee Recommendation.  (All Directors except EA ‘B’ – One Vote)

 

That the Workshop Report for the Saturday, April 3, 2004 Sustainability Workshop be received.

 

That the recommendation of the Regional Growth Monitoring Advisory Committee regarding the most immediate actions the Board should consider as a result of the Sustainability Workshop be received.

 

That the RGMAC’s resolution be received and that staff prepare reports for the Board’s consideration on establishing green building guidelines in the RDN and establishing development and land use guidelines that will ensure the conservation of water and protection of watersheds and aquifers in the RDN.

 

                        Drinking Water Protection Initiative Workshop.  (All Directors – One Vote)

 

That the Workshop Report for the May 8, 2004 Drinking Water Quality Workshop be received.

 

That the Feedback Report for the April 30, 2004 Drinking Water Quality Discussion Paper be received.

 

That an ‘action plan’ that identifies actions to be taken to address drinking water quality in the region, excluding the City of Nanaimo’s watershed, be prepared for the Board’s consideration.

 

That the RDN Board recognize that, in as much as the taxpayers of the City of Nanaimo are already funding their own comprehensive drinking water program, the City of Nanaimo will not participate in the action plan as a funding partner.

 

                        Invasive Plant Strategy for British Columbia.  (All Directors – One Vote)

 

That the report, “Invasive Plant Strategy for British Columbia” be received.

 

That the Regional District of Nanaimo endorse the “Invasive Plant Strategy for British Columbia” and sign the “Invasive Plant Strategy for British Columbia Memorandum of Support”.

 

                        TRANSIT

 

Transit Special Event Application – Ocean Idlers Car Club – Parksville.  (All Directors – One Vote)

 

                        That the Transit Special Events request by the Ocean Idlers Car Club for shuttle service to be provided on Sunday, August 1, 2004 be approved.

 

                        Nanaimo Safer City Alliance Program.  (All Directors – One Vote)

 

                        That the involvement of the Regional District of Nanaimo in the Nanaimo Safer City Alliance program be approved.

 

                        That this item be referred back to staff for further information.

 

                        CORPORATE SERVICES

 

                        ADMINISTRATION

 

                                                Procedure Bylaw No. 1393.

 

                                                                        (All Directors – One Vote)

 

1. That the implementation of Board meetings on the fourth Tuesday of each month be implemented commencing September 2004.

 

2. That “Procedure Bylaw No. 1393, 2004” be introduced and read three times.

 

(All Directors – 2/3)

 

3. That “Procedure Bylaw No. 1393, 2004” be adopted.

 

                        FIRE PROTECTION

 

                        Yellowpoint Waterloo Fire Protection Service Area Establishing Bylaw No. 1388 – Rondalyn Resort – Area C.  (All Directors – One Vote)

 

                        That “Yellowpoint Waterloo Fire Protection Service Area Establishing Bylaw No. 1388, 2004” be introduced for first three readings and be forwarded to the Inspector of Municipalities for approval.

 

                        Regulatory Bylaw – Dashwood Fire Service Area.

 

                                                (All Directors – One Vote)

 

That “Regional District of Nanaimo (Dashwood) Fire Services Regulatory Bylaw No. 1390, 2004” be introduced for first three readings.

 

(All Directors – 2/3)

 

That “Regional District of Nanaimo (Dashwood) Fire Services Regulatory Bylaw No. 1390, 2004” having received three readings be adopted.

 

                        DEVELOPMENT SERVICES

 

                        BUILDING INSPECTION

 

                              Section 57 of the Community Charter – Contravention of Bylaw - Infractions.  (All Directors – One Vote)

 

That the following filing be deferred - Lot 8, District Lot 52, Plan 15921, Nanoose Land District, 1570 Seacrest Road, Electoral Area ‘E’, owned by M. Zaborniak and A. Nakatsuka.

 

That the filing at Lot 24, Section 14, Range 2, Plan VIP59885, Cedar Land District, 1874 Mayhutt Place, Electoral Area ‘A’, owned by J. White be deferred for one month.

 

                        That a notice be filed against the title of the property listed, pursuant to Section 57 of the Community Charter.

 

(a)      Lot 3, Block 1, District Lot 9, Plan 15370, Newcastle Land District, 1081 Surfside Drive, Electoral Area ‘G’, owned by H. and K. Kaltenbach.

 

                        EMERGENCY PLANNING

 

                                                Interface Fire Hazards.  (All Directors – One Vote)

 

That the report on the forest fire interface be received for information.

 

That staff be directed to proceed with implementation actions as outlined in Schedule No. ‘1’ of the staff report and that schedule 1 be referred back to staff for an interim report in 1 months time.

 

                        ENVIRONMENTAL SERVICES

 

                        LIQUID WASTE

 

                        Pump and Haul Local Service Area Bylaw No. 975.36 –Dolphin Drive – Area E.  (All Directors – One Vote)

 

1. That the boundaries of the RDN Pump and Haul Local Service Area Bylaw 975 be amended to include Lot 53, District Lot 78, Nanoose Land District, Plan 14275. (Dolphin Drive, Area E)

 

2. That “Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.36, 2004” be read three times and forwarded to the Inspector of Municipalities for approval.

 

                        Trucked Liquid Waste Disposal Amendment Bylaw No. 988.05 – Liquid Waste Septage Fees.

 

                        (All Directors – One Vote)

 

That “Regional District of Nanaimo Trucked Liquid Waste Disposal Amendment Bylaw No. 988.05, 2004” be introduced and read three times.

 

(All Directors – 2/3)

 

That “Regional District of Nanaimo Trucked Liquid Waste Disposal Amendment Bylaw No. 988.05, 2004” having received three readings be adopted.

 

                        Renewal of Agreement – Supply of Ferrous Chloride.  (All Directors – Weighted Vote)

 

                        That the agreement between the RDN and Tree Island Industries Ltd. for the supply of ferrous chloride be renewed for an additional five year term.

 

                        SOLID WASTE

 

                        Solid Waste Disposal LSA Reserve Fund Expenditure Bylaw No. 1389 – Regional Landfill Geogrid Toe Berm – Release of Reserve Funds.  (All Directors – 2/3)

 

1. That “Solid Waste Disposal Local Service Area Reserve Fund Expenditure Bylaw No. 1389, 2004” be introduced for three readings.

 

2. That “Solid Waste Disposal Local Service Area Reserve Fund Expenditure Bylaw No. 1389, 2004” having received three readings be adopted.

 

                        UTILITIES

 

                        Pacific Shores Sewer Local Service Area Amendment Bylaw No. 1021.05 and Northern Community Sewer LSA Bylaw No. 889.26 – 1520 Terrien Road – Area E.  (All Directors – One Vote)

 

That “Pacific Shores Sewer Local Service Area Amendment Bylaw No. 1021.05, 2004” be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

 

That “Regional District of Nanaimo Northern Community Sewer Local Service Area Amendment Bylaw No. 889.26 2004” be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

 

                        COMMISSION, ADVISORY & SELECT COMMITTEE

 

                        Electoral Area ‘A’ Parks and Green Spaces Advisory Committee.  (All Directors – One Vote)

 

                        That the minutes of the Electoral Area ‘A’ Parks and Green Spaces Advisory Committee meeting held May 20, 2004 be received for information.

 

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

 

                        That the minutes of the Electoral Area ‘B’ Parks and Open Space Advisory Committee meeting held May 4, 2004 be received for information.

 

                        Regional Growth Monitoring Advisory Committee/State of Sustainability Project.  (All Directors – One Vote)

 

                        That the minutes of the Regional Growth Monitoring Advisory Committee/State of Sustainability Project meeting held May 19, 2004 be received for information.

 

                        District 69 Recreation Commission.

 

                        (All Directors – One Vote)

 

                        That the minutes of the District 69 Recreation Commission meeting held June 10, 2004 be received for information.

 

                        (Parksville, Qualicum Beach, EA’s ‘F’, ‘G’ & ‘H’ – Weighted Vote)

 

                        That the adoption of rates be implemented each calendar year for Recreation Coordinating, January 1st; Ravensong Aquatic Centre, January 1st; and Oceanside Place, September 1st.

 

                        (Parksville, Qualicum Beach, EA’s ‘E’, ‘F’, ‘G’ & ‘H’ – Weighted Vote)

 

That a common rate for Oceanside Place and Ravensong Aquatic Centre not be pursued.

 

That the revised Fees and Charges Policy C2.1 be approved.

 

That the 2005 Recreation Program Coordinating Function revenues be increased by 1.5% for 2005.

 

That the Recreation Coordinating Function program recovery rates be maintained to include Preschool, Children, Youth and Community Cooperative at 100%, Adults at 125%, Summer Camps and Family at 75% and Volunteer and Leadership Development programs at 50%, along with the Administration fee of 15% and a 75-25% split guideline for Term Instructors (Companies).

 

                        (Parksville, Qualicum Beach, EA’s ‘F’, ‘G’ & ‘H’ – Weighted Vote)

 

That the non-service-area surcharge at Ravensong Aquatic Centre be removed as of January 1, 2005.

 

That the rentals and admission fees for 2005 at Ravensong Aquatic Centre be approved as detailed in Appendix II of the report and that the attached five year forecast chart in the report be used as a guideline.

 

                        (Parksville, Qualicum Beach, EA’s ‘E’, ‘F’, ‘G’ & ‘H’ – Weighted Vote)

 

That the rentals and admission fees for 2004/2005 at Oceanside Place be approved as detailed in Appendix I of the report and that the attached five year forecast chart in the report be used as a guideline.

 

7.3              EXECUTIVE STANDING COMMITTEE

 

            7.4 COMMISSIONS

 

7.5 SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS

 

54-55                        Regional Services Review Board Seminar.  (All Directors – One Vote)

 

                        Minutes of the Regional Service Review Board Seminar held June 15, 2004.  (for information)

 

8.                  ADMINISTRATOR’S REPORTS

 

56-59 Retaining Walls Adjacent to the Ocean.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

9.                  ADDENDUM

10.              BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

            11. NEW BUSINESS

            12. BOARD INFORMATION  (Separate enclosure on blue paper)

13.              ADJOURNMENT

14.            IN CAMERA

                        That pursuant to section 242.2(1)(e) & (h) of the Community Charter the Board proceed to an In Camera meeting to consider acquisition of land and legal matters.