REGIONAL DISTRICT OF NANAIMO

 

BOARD MEETING

TUESDAY, AUGUST 10, 2004

7:00 PM

 

(RDN Board Chambers)

 

 

A G E N D A

 

PAGES

 

            1.            CALL TO ORDER

 

            2.            DELEGATIONS

 

11 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.

 

            3.            BOARD MINUTES

 

12-23                Minutes of the Board meeting held on July 13, 2004.

 

            4.            BUSINESS ARISING FROM THE MINUTES

 

5.                  COMMUNICATIONS/CORRESPONDENCE

 

            6. UNFINISHED BUSINESS

 

                        From the Board meeting held July 13, 2004.

 

                        DEVELOPMENT PERMIT APPLICATION

 

24-41                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.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                                Delegations wishing to speak to DP Application No. 60434.

 

                        Public Hearing.

 

42-52 Bylaw No. 500.301 – Report of the Public Hearing held August 4, 2004 with respect to Zoning Amendment Application No. ZA0410 – Keith Brown & Associates, on behalf of 646268 BC Ltd. (Country Kitchen) – 1922 Schoolhouse Road - Area A.  (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

 

53-56 Minutes of the Electoral Area Planning Committee meeting held July 27, 2004.  (for information)

 

                        COMMUNICATIONS/CORRESPONDENCE

 

                        Submissions to the North Cedar Improvement District Public Information Meeting held June 17, 2004 re Zoning Amendment Application No. ZA0407 – North Cedar Improvement District – Yellow Point Road – Area A.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        That the submissions to the North Cedar Improvement District Public Information Meeting with respect to Zoning Amendment Application No. ZA0407 be received.

 

                        PLANNING

 

                        AMENDMENT APPLICATIONS

 

                        Zoning Amendment Application No. 0407 – North Cedar Improvement District – Yellowpoint Road – Area A.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

1. That the minutes from the Public Information Meeting held on June 18, 2004 be received.

 

2. That Zoning Amendment Application No. ZA0407 submitted by North Cedar Improvement District to rezone the property legally described as Lot A, Section 12, Range 2, Cedar District, Plan VIP71957 from Residential 2 Subdivision District M (RS2M) to Comprehensive Development 17 Subdivision District Z (CD17Z) in order to facilitate the development of the North Cedar Improvement District fire hall and administration offices be approved to proceed to public hearing.

 

3. That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.300, 2004” be given 1st and 2nd reading.

 

4. That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.300, 2004” proceed to public hearing.

 

5. That the public hearing on “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.300, 2004” be delegated to Director Kreiberg or his alternate.

 

                        Zoning Amendment Application Nos. ZA0402 to ZA0406 – Fern Road Consulting – Spider Lake Road & Horne Lake Road – Area H.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

1. That the minutes of the Public Information Meeting held on July 14, 2004 be received.

 

2. That Zoning Amendment Application Nos. ZA0402, ZA0403, ZA0404, ZA0405 and ZA0406 submitted by Fern Road Consulting to rezone 5 properties located in the Spider Lake area from Rural 1 (B) 8ha minimum parcel size to Rural 1 (D) 2ha minimum parcel size be approved to proceed to public hearing subject to the amended conditions included in Schedule No. 1 as recommended by staff.

 

3. That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw Nos. 500.302, 500.303, 500.304, 500.305 and 500.306, 2004” be given 1st and 2nd reading.

 

4. That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw Nos. 500.302, 500.303, 500.304, 500.305 and 500.306, 2004” proceed to public hearing.

 

5. That the public hearing on “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw Nos. 500.303, 500.303, 500.304, 500.305 and 500.306, 2004” be delegated to Director Bartram or his alternate.

 

                        DEVELOPMENT PERMIT APPLICATIONS

 

                        Development Permit Application No. 60434 – Vukicevic – 4823 Ocean Trail – Area H.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DP Application No. 60434.

 

1. That Development Permit Application No. 60434, submitted by the applicants Daniel and Karen Vukicevic to permit the construction of an addition to an existing dwelling unit within the Hazard Lands Development Permit Area on the subject property legally described as Lot 62, District Lot 82, Newcastle District, Plan 31044, located at 4823 Ocean Trail be approved, subject to the Conditions of Approval outlined in Schedules No. 1, 2 and 3.

 

2. That action not be taken against the existing accessory building on the property legally described as Lot 61, District Lot 82, Newcastle District, Plan 31044 subject to the Condition of Approval outlined in Schedules No. 1, 2 and 3 of this permit.

 

                        Development Permit Application No. 60435 – Windsor Enterprises Inc. (DBA: Millway Market) – Anderson Greenplan – 1594 & 1596 MacMillan Road – Area A.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DP Application No. 60435.

 

                        That Development Permit Application No. 60435 submitted by Jack Anderson of Anderson Greenplan Ltd., on behalf of Windsor Enterprises Inc. (DBA: Millway Market) with variances for the properties legally described as Lot A, Section 17, Range 1, Cedar District, Plan 46766 and Lot 3, Section 17, Range 1, Cedar District, Plan 11369, be approved subject to Schedules No. 1, 2 and 3 of the staff report and the notification requirements pursuant to the Local Government Act..

 

                        Development Permit Application No. 60436 – B & W Land Corporation – St. Andrew’s Lane (Phase 11) – Roberton Boulevard – Area G.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DP Application No. 60436.

 

                        That Development Permit Application No. 60436, submitted by Adam Policzer on behalf of B & W Land Corp (St. Andrew’s Lane) to construct a fourplex dwelling unit within the French Creek Harbour Development Permit Area (DPA No. 2) on the subject property legally described as Lot C, District Lots 29 and 126, Nanoose District, Plan 49145 Except Part in Plan VIP56481, be approved, subject to the conditions outlined in Schedules No. 1, 2 and 3 of the corresponding staff report and notification requirements pursuant to the Local Government Act.

 

                        DEVELOPMENT VARIANCE PERMIT APPLICATIONS

 

                        Development Variance Permit Application No. 90412 – Pryke and Lo – 235 Evanson Road – Area G.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DVP Application No. 90412.

 

                        That Development Variance Permit Application No. 90412, submitted by Peter Pryke and Eileen Lo, to legalize the siting of an existing dwelling unit and to facilitate the development of a proposed addition to the dwelling at 235 Evanson Road by varying the minimum front lot line setback requirement from 8.0 metres to 3.467 metres, for the property legally described as Lot 59, District Lot 9, Newcastle District, Plan 28564, be approved subject to notification procedures pursuant to the Local Government Act and subject to the conditions outlined in Schedules No. 1, 2 and 3.

 

                        OTHER

 

                        Request for Relaxation of the Minimum 10% Frontage Requirement – Timberlake – Jones Engineering Ltd., on behalf of Lot G Holdings Ltd. – off Lowry’s Road – Area G.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        That the request from Timberlake – Jones Engineering, on behalf of Lot G Holdings Ltd., to relax the minimum 10% perimeter frontage requirement for Proposed Lots 8, 9, 10, 11, 19 and 22 as shown on the Plan of Proposed Subdivision of Lot 1, District Lots 81 & 126, Nanoose District, Plan VIP70880 be approved.

 

                        Request for Cash in-lieu-of Park Land Dedication – Lost Lake Properties Ltd., on behalf of McKin Estates – off Sumar Lane – Area G.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

1. That the request, submitted by Lost Lake Properties Ltd. to provide cash in-lieu-of park land be refused and the applicant be required to provide the dedication of park land in an amount and location acceptable to the Regional Board of Directors as part of the 34-lot subdivision proposal of Lots 1 and 2, District Lot 28, Nanoose District, Plan VIP61866.

 

2. That upon receipt of a park land proposal from the applicant, the proposal be referred to the Electoral Area ‘G’ Parks Recreation and Greenspaces Advisory Committee and a public information meeting prior to reporting back to the Board.

 

                        Community Water Definition Amendment to Bylaw No. 500, 1987 – Electoral Areas ‘A’, ‘C’, ‘D’, ‘E’, ‘G’ & ‘H’.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

1. That the report on the proposed amendment to the RDN Land Use and Subdivision Bylaw No. 500 concerning the definition of community water supply be received for information.

 

2. That the Consultation Strategy for the proposed amendments to RDN Land Use and Subdivision Bylaw No. 500 concerning the definition of community water supply be approved.

 

3. That the Public Information Meetings be chaired by Director Hamilton or Director Stanhope as her alternate and staff be directed to report back to the Electoral Area Planning Committee with a summary of comments and recommendations.

 

7.2              COMMITTEE OF THE WHOLE STANDING COMMITTEE

 

57-63                Minutes of the regular Committee of the Whole meeting held July 27, 2004.  (for information)

 

                        COMMUNITY SERVICES

 

                        RECREATION

 

                        Name for Community Park on Taylor Bay Road, Gabriola Island – Area B.  (All Directors – One Vote)

 

                        That the Board authorize the adoption of the name ‘Cox Community Park’ for the large Community Park located across from Descanso Bay Regional Park on Gabriola Island.

 

                        Renewal of Trail Use Licence for Trans Canada Trail.  (All Directors – Weighted Vote)

 

                        That the Regional District enter into a five-year renewable non-exclusive licence for the Trans Canada Trail located on Weyerhaeuser private land.

 

                        Application to the Ministry of Transportation for Permits to Develop Water Accesses Nos. 27, 43 and 52 – Area B.  (All Directors – One Vote)

 

                        That the Regional Board authorize staff to apply to the Ministry of Transportation for permission to use and develop Electoral Area ‘B’ beach accesses 27, 43 and 52.

 

                        TRANSIT

 

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

 

                        That the Nanaimo Safer City Alliance Program update report be received for information.

 

                        CORPORATE SERVICES

 

                        ADMINISTRATION

 

                                                Corporate Communications Policy.  (All Directors – One Vote)

 

                        That the Corporate Communications Policy A1.26 be approved.

 

                        Update on Aggregate Issues – Meetings with Fraser Valley Regional District.  (All Directors – One Vote)

 

                        That the Board support, in principle, the concept of joint intervener status with the Fraser Valley Regional District subject to a final report from our legal council.

 

                        FINANCE

 

                        Operating Results to June 30, 2004.  (All Directors – One Vote)

 

                        That the summary report of financial results from operations to June 30, 2004 be received for information.

 

                        Amendment to Purchasing Policy A2.9 to Permit the Use of Purchasing Cards & Introduction of Purchasing Card Policy A2.16.  (All Directors – One Vote)

 

1.         That Policy A2.9 be approved as amended to permit the use of purchasing cards.

 

2.         That Policy A2.16 – Purchasing Cards be approved.

 

                        Financial Plan (2004-2009) Amendment Bylaw No. 1373.02 – Installation of Acoustical Baffles at Oceanside Place.  (All Directors – Weighted Vote)

 

1.     That “Regional District of Nanaimo Financial Plan (2004-2009) Amendment Bylaw No. 1373.02, 2004” be introduced for first three readings.

 

2.     That “Regional District of Nanaimo Financial Plan (2004 to 2009) Amendment Bylaw No. 1373.02, 2004” having received three readings be adopted and forwarded to the Ministry of Community, Aboriginal and Women’s Affairs.

 

                        Fees and Charges Amendment Bylaw No. 944.04 – Financial Information.  (All Directors – Weighted Vote)

 

                        That “Regional District of Nanaimo Fees and Charges Amendment Bylaw No. 944.04, 2004” be introduced for first three readings.

 

                        That “Regional District of Nanaimo Fees and Charges Amendment Bylaw No. 944.04, 2004” having received three readings be adopted.

 

                        FIRE PROTECTION

 

                        Bow Horn Fire Protection Service Area Boundary Extension Amendment Bylaw No. 1385.01.  (All Directors – One Vote)

 

                        That “Bow Horn Bay Fire Protection Service Area Boundary Extension Amendment Bylaw No. 1385.01, 2004” be introduced for first three readings and forwarded to the Ministry of Community, Aboriginal and Women’s Services for approval.

 

                        DEVELOPMENT SERVICES

 

                                                Riparian Area Regulation.  (All Directors – One Vote)

 

                        That the Board endorse the resolution in Attachment No. 1 of the staff report and forward it to the 2004 UBCM Annual General Meeting.

 

                        New FM Radio Programming Undertaking – Westwave Broadcasting Inc., Mount Benson – Area C.  (All Directors – One Vote)

 

                        That Westwave Broadcasting Inc., be advised that the Regional District has no objections to the proposed license application and installation of a new FM tower, antenna and transmitter building on the property legally described as Lot A, Block 787, Mountain District, Plan VIP75642.

 

                        BUILDING INSPECTION

 

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

 

                                                Property owners wishing to speak to their proposed filing.

 

(1) That the recommendation for a notice to be filed against the property owned by Mark Zaborniak and Arlene Nakatsuka, pursuant to Section 57 of the Community Charter, be approved and that no further action be taken until a policy review on secondary suites is completed and considered by the Board.

 

(2) That staff be directed to conduct a policy review with respect to secondary suite development in the Regional District of Nanaimo and that this item also be referred to the RGMAC/State of Sustainability Project for their input.

 

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

 

(a)   Lot 127, District Lot 68, Plan 26680, Nanoose Land District, 1491 Madrona Drive, Electoral Area ‘E’, owned by R. and L. Maurice.

 

                        EMERGENCY PLANNING

 

                                                Wildland/Urban Interface Fire Update Report.  (All Directors – One Vote)

 

1. That the Wildland/Urban Interface Fire Update be received for information.

 

2. That a grant application for emergency planning training be submitted as outlined in the staff report.

 

3. That information with respect to the Wildland/Urban Interface Fire Update be circulated in the Regional Perspectives and the Electoral Directors’ Newsletters.

 

                        ENVIRONMENTAL SERVICES

 

                        LIQUID WASTE

 

                        Pump and Haul Local Service Area Bylaw No. 975.37 –2944 Hillview Road – Area E.  (All Directors – One Vote)

 

1. That the boundaries of the RDN Pump and Haul Local Service Area Bylaw 975 be amended to remove Lot 2, District Lot 117, Nanoose Land District, Plan 18343 (Hillview Road, Area E).

 

2. That “Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.37, 2004” be read three times and forwarded to the Inspector of Municipalities for approval.

 

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

 

                        That the Regional District of Nanaimo award the installation of a centrifuge for the GNPCC Dewatering upgrade for the tendered amount of $251,579 to D. Robinson.

 

                        SOLID WASTE

 

                        Solid Waste Management Plan – Final Approval.  (All Directors – Weighted Vote)

 

                        That the updated Solid Waste Management Plan be approved by the Board and submitted to the Minister of Water, Land and Air Protection.

 

                        Waste Stream Management Licensing Bylaw No. 1386.  (All Directors – One Vote)

 

                        That the Board give first three readings to “RDN Waste Stream Management Licensing Bylaw No. 1386, 2004” and direct staff to submit the bylaw to the Ministry of Water, Land and Air Protection for approval prior to final adoption.

 

                        UTILITIES

 

                        Drought Planning Assistance Program – Land & Water British Columbia Inc.  (All Directors – One Vote)

 

1. That the staff report be received for information.

 

2. That the Board support an application for funding under the Drought Planning Assistance Program.

 

                        West Bay Estates Water Service Reserve Fund Bylaw No. 1394 – Area E.

 

                        (All Directors – Weighted Vote)

 

That “West Bay Estates Water Service Reserve Fund Bylaw No. 1394, 2004” be introduced for first three readings.

 

                        (All Directors – 2/3)

 

That “West Bay Estates Water Service Reserve Fund Bylaw No. 1394, 2004” having received three readings be adopted.

 

                        COMMISSION, ADVISORY & SELECT COMMITTEE

 

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

 

                        That the minutes of the Regional Waste Advisory Committee meeting held April 15, 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 June 24, 2004 be received for information.

 

                        Grants-in-Aid Committee.  (Parksville, Qualicum Beach, EA's E, F, G, H - Weighted Vote)

 

                        That the minutes of the Grants-in-Aid Committee meeting held July 16, 2004 be received for information.

 

                        School District 69

                        That the following grant be awarded:

                        Qualicum Beach Historical Museum Society                        $                        4,000

 

                        ADDENDUM

 

                        CORPORATE SERVICES

 

                        FIRE PROTECTION

 

                        Fire Truck Purchase – Fire Pumper Vehicle for the Coombs Hilliers Fire Department.  (All Directors – Weighted Vote)

 

1.         That a fire pumper vehicle, plus additional equipment, be purchased from Profire Emergency Equipment Inc. for an amount not to exceed $263,000 plus taxes.

 

2.         That a total of $213,000 plus taxes in debt financing for the vehicle be arranged as outlined in this report.

 

7.3              EXECUTIVE STANDING COMMITTEE

 

            7.4 COMMISSIONS

 

7.5 SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS

 

                        Emergency Preparedness.  (All Directors – One Vote)

 

64-66 Minutes of the Emergency Preparedness Meeting held on Thursday, July 21, 2004.  (for information)

 

8.                  ADMINISTRATOR’S REPORTS

 

67-72                        Proposed Thompson Clarke-Ocean Trail – Area H.

 

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.