REGIONAL DISTRICT OF NANAIMO

 

BOARD MEETING

TUESDAY, SEPTEMBER 28, 2004

(immediately following the Hospital Board meeting)

 

(RDN Board Chambers)

 

 

A G E N D A

 

PAGES

 

                1.                CALL TO ORDER

 

                2.                DELEGATIONS

 

10                            Gwen Harmen, Nanaimo Film Society/Film Nanaimo, re Services Provided by Film Nanaimo.

 

                3.                BOARD MINUTES

 

11-23       Minutes of the Board meeting held on August 10, 2004 and the Special Board meeting held September 14, 2004.

 

                4.                BUSINESS ARISING FROM THE MINUTES

 

5.                   COMMUNICATIONS/CORRESPONDENCE

 

24                            Maura Rafferty, re Development Variance Permit Application No. 90414 – Kawerau & Butler – 1405 Reef Road – Area E.

 

                6. UNFINISHED BUSINESS

 

                                From the Board meeting held July 13, 2004.

 

                                ADMINISTRATOR’S REPORTS

 

25-31                                       Retaining Walls Adjacent to the Ocean.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                BYLAWS

 

                                For Adoption.

 

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

 

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

 

32-37 Bylaw No. 500.301 – Keith Brown & Associates, on behalf of 646268 BC Ltd. (Country Kitchen) – 1922 Schoolhouse Road – Area A.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

Public Hearings.

 

38-58 Report of the Public Hearing held September 17, 2004 with respect to Land Use and Subdivision Amendment Bylaw No. 500.300 – North Cedar Improvement District (NCID) – Yellow Point Road – Area A.  (Electoral Area Directors except EA ‘B’ – One Vote).

 

59-73 Report of the Public Hearing held September 7, 2004 with respect to Land Use and Subdivision Amendment Bylaw Nos. 500.302, 500.303, 500.304, 500.305 and 500.306 – Fern Road Consulting on behalf of West Coast Rangers Ltd., Vincent, Stranaghan, Tennant and Bartzen – Spider Lake Road and Horne Lake Road – Area H.  (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

 

74-76 Minutes of the Electoral Area Planning Committee meeting held September 14, 2004.  (for information)

 

                                PLANNING

 

                DEVELOPMENT PERMIT APPLICATIONS

 

                                Development Permit Application No. 60437 – Lajeunesse – 1539 Gordon Road – Area A.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                Delegations wishing to speak to DP Application No. 60437.

 

                                That Development Permit Application No. 60437 submitted by Rob Lajeunesse to approve the land alteration works that have been undertaken within the Streams, Nesting Trees, and Nanaimo River Floodplain Development Permit Area that consists of the introduction of large amounts of fill to create access to a proposed new lot on the property legally described as the North ½ of Section 17, Range 8, Cranberry District, Shown on Plan Deposited Under DD5657N, Except Parts in Plans 31020, 40229, and 2735 RW, be approved subject to the requirements outlined in Schedule No. 1.

                                Development Permit Application No. 60440 – Keith Brown & Associates on behalf of 646268 BC Ltd. (Country Kitchen) – 1922 Schoolhouse Road – Area A.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                Delegations wishing to speak to DP Application No. 60440.

 

                                That Development Permit No. 60440 submitted by Keith Brown & Associates, on behalf of 646268 BC Ltd., for the property legally described as Lot 1, Section 13, Range 6, Cranberry District, Plan 12009 and located at 1922 Schoolhouse Road, be approved, subject to the conditions outlined in Schedule Nos. 1, 2, 3, 4, 5 and 6 of the corresponding staff report and to the notification procedure subject to the Local Government Act with respect to the proposed variances.

 

                                DEVELOPMENT VARIANCE PERMIT APPLICATIONS

 

                                Development Variance Permit Application No. 90413 – Skollsberg – 3584 Outrigger Road – Area E.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                                                Delegations wishing to speak to DVP Application No. 90413.

 

                                That Development Variance Permit Application No. 90413, submitted by the property owners Jan-Wilhelm Skollsberg and Anne-Christine Skollsberg for the property legally described as Lot 7, District Lot 78, Nanoose District, Plan 19688 to relax the maximum permitted height to allow for the architectural style and construction of the proposed 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 Application No. 90414 – Kawerau & Butler – 1405 Reef Road – Area E.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                                                Delegations wishing to speak to DVP Application No. 90414.

 

                                That Development Variance Permit Application No. 90414, submitted by the property owners Peter Kawerau and Karen Butler for the property legally described as Lot 23, District Lot 38, Nanoose District, Plan 21633 to legalize the siting of an existing dwelling unit and to facilitate the replacement of an existing attached deck within the front lot line setback area by relaxing the minimum required front lot line setback requirement from 8.0 metres to 3.3 metres and the minimum interior side lot line setback requirement from 2.0 metres to 1.6 metres, 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 Application No. 90415 & Request for Relaxation of the Minimum 10% Frontage Requirement – Fern Road Consulting Ltd. on behalf of V & M Fritzsche – 1410, 1420 and 1424 Hodge’s Road – Area G.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                                                That this item be deferred to allow for further consultation.

 

                                OTHER

 

                                Consideration 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)

 

                                That the park land proposals submitted by Lost Lake Properties Ltd. be refused and that the Regional District require that park land be dedicated in conjunction with the proposed subdivision of Lots 1 and 2, Both of District Lot 28, Nanoose District, Plan VIP61866 in the location and amount detailed on Schedule No. 1 of the staff report.

 

                                Temporary Use Permit No. 0401 – James & Ellen Rothwell – 241 Hilliers Road North – Area G.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                That Temporary Use Permit No. 0401, submitted by Jim and Ellen Rothwell for the property legally described as Lot 1, District Lot 91 and 42, Newcastle District and District Lot 144, Nanoose District, Plan 13306, Except Part in Plan VIP59597, to allow a temporary soil mixing and compost storage operation be approved, subject to the Conditions of Approval outlined in Schedule No. 1 and subject to comments received as a result of the notification requirements pursuant to the Local Government Act.

 

                                Request for Relaxation of the Minimum 10% Frontage Requirement – Dave Scott on behalf of 3170497 Canada Inc., Commonly Known as Fairwinds Development – Carmichael Road – Area E.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                That the request from David Scott, on behalf of 3170497 Canada Inc., commonly known as Fairwinds Development, to relax the minimum 10% perimeter frontage requirement for Proposed Lot 5 shown on the Revised Plan of Proposed Subdivision of Phase 9A be approved subject to Schedule No. 1 of the corresponding staff report.

 

                                Electoral Area ‘F’ – Delegation of Authority for Non-Farm Uses.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                That the staff report be received for information.

 

                                That staff be directed to report back with a detailed assessment of the implications of assuming delegation of authority for non-farm uses in Electoral Area ‘F’ and prepare a draft delegation agreement to consider assuming delegation of authority for non-farm uses in Electoral Area ‘F’.

 

                                DIRECTOR’S AGENDA ITEM

 

                                Traffic Flow on Corcan Road.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                That the Regional District of Nanaimo request that the Ministry of Transportation work with staff of the RDN to investigate both long and short term solutions to resolve the traffic flow problems on Corcan Road as part of their 2005-2006 work program.

 

7.2                COMMITTEE OF THE WHOLE STANDING COMMITTEE

 

77-82                      Minutes of the regular Committee of the Whole meeting held September 14, 2004.  (for information)

 

                                COMMUNICATIONS/CORRESPONDENCE

 

                                Bill Barisoff, Minister, Ministry of Water, Land and Air Protection, re Fish Protection Act.  (All Directors – One Vote)

 

                                That the correspondence from the Minister of Water, Land and Air Protection with respect to the Fish Protection Act be received.

 

                                COMMUNITY SERVICES

 

                                Green Buildings.  (All Directors – One Vote)

 

                                                                That the August 31, 2004 report, “Green Buildings”, be received.

 

                                That terms of reference for a project to promote green building in the region be developed for the Board’s consideration.

 

                                RECREATION & PARKS

 

                                Draft Bylaw No. 1399 to Provide for the Regulation of Park Use in the RDN.  (All Directors – One Vote)

 

                                That the draft ‘Bylaw to Provide for the Regulation of Parks in the Regional District of Nanaimo’ be received and that staff be authorized to disseminate the bylaw for public comment.

 

CORPORATE SERVICES

 

                                FIRE PROTECTION

 

                                Financing Bylaws – San Pareil Water Service Security Issuing Bylaw No. 1395 & Coombs-Hilliers Fire Service Security Issuing Bylaw No. 1396.

 

                                1. That “Regional District of Nanaimo (San Pareil Water Service) Security Issuing Bylaw No. 1395, 2004” be introduced for first three readings.  (All Directors – Weighted Vote)

 

                                2. That “Regional District of Nanaimo (San Pareil Water Service) Security Issuing Bylaw No. 1395, 2004” having received three readings, be adopted and forwarded to the Ministry of Community, Aboriginal and Women’s Services for a Certificate of Approval.  (All Directors – 2/3)

 

                                3. That “Regional District of Nanaimo (Coombs-Hilliers Fire Service) Security Issuing Bylaw No. 1396, 2004” be introduced for first three readings.  (All Directors – Weighted Vote)

 

                                4. That “Regional District of Nanaimo (Coombs-Hilliers Fire Service) Security Issuing Bylaw No. 1396, 2004” having received three readings be adopted, and forwarded to the Ministry of Community, Aboriginal and Women’s Services for a Certificate of Approval.  (All Directors – 2/3)

 

                                DEVELOPMENT SERVICES

 

                                BYLAW ENFORCEMENT

 

                                Section 57 of the Community Charter – Contravention of Bylaw – Peter and Kathleen Kiidumae – 2993 Dolphin Drive – Area E.  (All Directors – One Vote)

 

                                                                                                That this item be deferred to allow for further discussion with property owners.

 

                                ENVIRONMENTAL SERVICES

 

                                LIQUID WASTE

 

                                                                Lasqueti Island Septage.

 

                                1. That “Regional District of Nanaimo Trucked Liquid Waste Disposal Amendment Bylaw No. 988.06, 2004” be introduced for three readings.  (All Directors – One Vote)

 

                                2. That “Regional District of Nanaimo Trucked Liquid Waste Disposal Amendment Bylaw No. 988.06, 2004” having received three readings be adopted.  (All Directors – 2/3)

 

                                SOLID WASTE

 

                                Non-Profit Organizations – Solid Waste Tipping Fee Waivers.  (All Directors – One Vote)

 

                                That the Board receive the status report on non-profit organizations tipping fee waiver policies for information.

 

Status of the Provincial Product Stewardship Business Plan.  (All Directors – One Vote)

 

                                That the report on the status of the Provincial Product Stewardship Business Plan be received for information.

 

                                That the RDN Board send a letter to the BC Premier, copied to the Minister of Water, Land and Air Protection and UBCM encouraging the Province to accept industry product stewardship plan proposals that are consistent with the guiding principles of the product stewardship business plan and amend the stewardship regulation to include electronics.

 

                                UTILITIES

 

                                Melrose Terrace Community Water Supply Service Area Establishment Bylaw No. 1397 & Melrose Terrace Community Water Supply Service Area Loan Authorization Bylaw No. 1398 – Area F.  (All Directors – One Vote)

 

                                1. That “Melrose Terrace Community Water Supply Service Area Establishment Bylaw No. 1397, 2004” be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

 

                                2. That “Melrose Terrace Community Water Supply Service Area Loan Authorization Bylaw No. 1398, 2004” be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

 

                                French Creek Sewer Local Service Area Bylaw No. 813.29 & Northern Community Sewer Local Service Area Bylaw No. 889.27 – 978 Lee Road – Area G.  (All Directors – One Vote)

 

                                1. That “French Creek Sewer Local Service Area Bylaw No. 813.29, 2004” be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

 

                                2. That “Northern Community Sewer Local Service Area Bylaw No. 889.27, 2004” be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

 

                                Morningstar Streetlighting Local Service Area Boundary Amendment Bylaw No. 869.06 – Wembley Road – Area G.  (All Directors – One Vote)

 

                                That “Morningstar Streetlighting Local Service Area Boundary Amendment Bylaw No. 869.06, 2004” be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

 

                                Surfside Sewer Local Service Area Bylaw No. 1124.03 & Northern Community Sewer Local Service Area Bylaw No. 889.28 – 965 Surfside Drive – Area G.  (All Directors – One Vote)

 

                                1. That “Regional District of Nanaimo Surfside Sewer Local Service Area Bylaw No. 1124.03, 2004” be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

 

                                2. That “Regional District of Nanaimo Northern Community Sewer Local Service Area Bylaw No. 889.28, 2004” be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

 

                                COMMISSION, ADVISORY & SELECT COMMITTEE

 

                                                                Area B Parks & Open Space Advisory Committee.  (All Directors – One Vote)

 

                                That the minutes of the Area B Parks & Open Space Advisory Committee meeting held June 29, 2004 be received for information.

 

                                Nanoose Bay Parks & Open Space Advisory Committee.  (All Directors – One Vote)

 

                                That the minutes of the Nanoose Bay Parks & Open Space Advisory Committee meetings held March 22 and July 12, 2004 be received for information.

 

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

 

                                That the minutes of the Regional Growth Monitoring Advisory Committee/Status of Sustainability Project meetings held July 21, August 18 and September 1, 2004 be received for information.

 

                                Regional Parks Plan Review Select Committee.  (All Directors – One Vote)

 

                                That the minutes of the Regional Parks Plan Review Select Committee meeting held July 5, 2004 be received for information.

 

                                ADDENDUM

 

                                CORPORATE SERVICES

 

                                FIRE PROTECTION

 

                                Open Burning as a Land Clearing Technique.  (All Directors – One Vote)

 

                                That the Board request the MWLAP to act on the 1996 request to change portions of the RDN to Category A under the OBSCR.

 

                                That the Board direct staff to further consider the issue of banning burning in the rural urban interface in the 2005 workplan.

 

7.3                EXECUTIVE STANDING COMMITTEE

 

                7.4 COMMISSIONS

 

7.4                SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS

 

                                Transit Business Plan Update Select Committee.

 

83-84                      Minutes of the Transit Business Plan Update Select Committee meeting held September 9, 2004.  (for information)  (All Directors – One Vote)

 

                                (All Directors – One Vote)

 

85-86                      That staff prepare a report, including financial details, on the Option 1 transit service expansion outlined in the Nanoose Bay Transit Service Review Report by BC Transit, that could be used in conjunction with public consultation with Electoral Area ‘E’ residents.

 

                                Gabriola Island Parks and Open Space Advisory Committee.

 

8.                   ADMINISTRATOR’S REPORTS

 

                                Delegations wishing to speak to Development Permit Application No. 60418.

 

87-101 Development Permit Application No. 60418 – Gunning – 1733 Admiral Tryon Boulevard – Area G.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

102-111 Zoning Amendment Application No. ZA0414 – RDN and Department of National Defense – Area E.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

112-114 Nanaimo Area Land Trust Additional Funding Request.  (All Directors – Weighted Vote)

 

                                Delegations wishing to speak to Liquor-Primary Licence – Cassidy Inn.

 

115-119 Request to Amend Liquor-Primary Licence for Cassidy Inn Hotel – 2954 Canyon Road (off the Trans Canada Highway) – Area A.  (All Directors – 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 90(1) (g) of the Community Charter the Board proceed to an In Camera meeting to consider items relating to legal matters.