REGIONAL DISTRICT OF NANAIMO

 

BOARD MEETING

TUESDAY, OCTOBER 26, 2004

 

(RDN Board Chambers)

 

 

A G E N D A

 

PAGES

 

            1.            CALL TO ORDER

 

            2.            DELEGATIONS

 

                        Eugenie Hird, re Traffic Flow Problems on Corcan Road - Area H.

 

                        Wendy Huntbatch – Zoning Amendment Application No. ZA0413 –2116 Alberni Highway – Area F. 

 

            3.            BOARD MINUTES

 

10-20    Minutes of the Board meeting held on September 28, 2004.

 

            4.            BUSINESS ARISING FROM THE MINUTES

 

5.                  COMMUNICATIONS/CORRESPONDENCE

 

21-22 Thomas McArthur, French Creek Residents’ Association, re Board of Variance.

 

23-24 Derek Trimmer, Ministry of Community, Aboriginal & Women’s Services, re Electoral Areas D/C.

 

            6. UNFINISHED BUSINESS

 

                        From the Board meeting held September 28, 2004.

 

                        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)

 

                        Delegations wishing to speak to DVP No. 90415.

 

                        That the request, submitted by Fern Road Consulting Ltd., on behalf of V & M Fritzsche to:  relax the minimum 10% frontage requirement for the Proposed Lots A, B and C as shown on the submitted plan of subdivision, and attached as Schedule No. 1; and, to relax the minimum interior lot line setback requirement from 30.0 metres to 14.0 metres, 22.5 metres, and 7.6 metres for three agricultural buildings housing livestock or storing manure proposed to be located within Lot A, be approved as shown on Schedule No. 2 and the notification requirements pursuant to the Local Government Act.

 

                        From the Board meeting held September 28, 2004.

 

25-37                Retaining Wall Policy – Adjacent to the Ocean.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

38-46 Restructure Committee – Remainder of Electoral Area ‘D’.  (All Directors – One Vote)

 

                        From the Board meeting held June 8, 2004.

 

WHEREAS geographically, Electoral Areas ‘C’ and ‘D’ are separate and distinct and do not have shared roads other than the Inland Island Highway to connect their communities;

 

AND WHEREAS Electoral Area ‘C’ is already comprised of a number of fragmented communities with few connecting roadways and the addition of the communities in Electoral Area ‘D’ will increase the dispersed nature of the electoral area;

 

AND WHEREAS the Pleasant Valley and East Wellington communities in Electoral Area ‘D’ have already felt themselves represented as minority interest within Electoral Area ‘D’;

 

AND WHEREAS the remainder of Electoral Area ‘D’ is more developed and in an urban setting than Electoral Area ‘C’ which has a rural and agricultural setting;

 

AND WHEREAS for the reasons outlined above, it will be extremely difficult for these two diverse electoral areas to be represented by a single Area Director;

 

AND WHEREAS Electoral Area ‘C’ has existed for many years as an independently represented area despite its small population base and Electoral Area ‘D’ now has a population base similar to Electoral Area ‘C’;

 

THEREFORE BE IT RESOLVED that the Board of the Regional District of Nanaimo request the Province of BC to amend the letters patent dated April 3, 2003 to allow Electoral Area ‘D’ to remain as an independent Electoral Area following the Local Government Elections in November 2005.

 

                        BYLAWS

 

                        For Adoption.

 

47-52 Bylaw No. 500.300 - 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).

 

53-57 Bylaw No. 500.304 - Zoning Amendment Bylaw No. 500.304 Fern Road Consulting on Behalf of Stranaghan – Spider Lake Road and Horne Lake Road – Area H.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Bylaw No. 500.307 – Zoning Amendment Application No. ZA0414 – Department of National Defense Lands – Area E.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Bylaw No. 975.35 - Pump and Haul Local Service Area Bylaw – P. & V. Wild – 261 Cheddar Road – Area G.  (All Directors – One Vote)

 

                        Capital Charge Exclusion – Nature Trust of British Columbia – 1520 Terrien Road – Area E.  (Parksville, Qualicum Beach, EA’s E, F, G, H – Weighted Vote)

 

                        That the request by the Nature Trust of British Columbia to waive the Capital Charge of $2,023 for the inclusion of property located at 1520 Terrien Road and legally described as Lot 8, District Lot 22, Nanoose Land District, Plan 10012, be approved.

 

                        Bylaw No. 1021.05 - Pacific Shores Sewer Local Service Area Amendment Bylaw – 1520 Terrien Road – Area E.  (All Directors – One Vote)

 

                        Bylaw No. 889.26 - Northern Community Sewer LSA Bylaw – 1520 Terrien Road – Area E.  (All Directors – One Vote)

 

 

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

 

            7.1 ELECTORAL AREA PLANNING STANDING COMMITTEE

 

58-61 Minutes of the Electoral Area Planning Committee meeting held October 12, 2004.  (for information)

 

                        COMMUNICATIONS/CORRESPONDENCE

 

                        Richard Dean, re DP Application No. 60449 – Reilly – 1651 Admiral Tryon Boulevard – Area G.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        That the correspondence from Richard Dean with respect to Development Permit Application No. 60449 be received.

 

                        Diane Pertson, re Consideration of Park Land Dedication – Timberlake-Jones Engineering Ltd., on behalf of Timberstone Developments – Northwest Bay Road – Area E.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

That the correspondence from Diane Pertson with respect to the subdivision application by Timberlake-Jones Engineering Ltd/Timberstone Developments be received.

 

                        PLANNING

 

                        DEVELOPMENT PERMIT APPLICATIONS

 

                        Development Permit Application No. 60443 – Tenant/Fern Road Consulting Ltd., and DP Application No. 60444 – West Coast Rangers Ltd., Vincent, Stranaghan, Tennant and Bartzen/Fern Road Consulting Ltd. – Spider Lake Road and Horne Lake Road – Area H.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DP Application No. 60443 and DP Application No. 60444.

 

1. That Development Permit Application No. 60443, submitted by Fern Road Consulting, for the properties legally described as

 

Lot 5, Blk 347, Newcastle and Alberni Districts, Plan 33670;

Lot 4, Blk 360, Newcastle and Alberni Districts, Plan 35096;

Lot 5, Blk 360, Newcastle and Alberni Districts, Plan 35096;

Lot 17, Blk 360, Newcastle District, Plan 36512; and

Lot 18, Blk 360, Newcastle District, Plan 36512

 

be approved, subject to the conditions outlined in Schedule No. 1.

 

2. That Development Permit Application No. 60444, submitted by Fern Road Consulting, for the property legally described as Lot 17, Blk 360, Newcastle District, Plan 36512, be approved, subject to the conditions outlined in Schedule No. 1.

 

3. That the request from Fern Road Consulting to relax the minimum 10% frontage requirements for

 

Lot 5, Blk 347, Newcastle and Alberni District, Plan 66370;

Lot 4, Blk 360, Newcastle and Alberni Districts, Plan 35096;

Lot 5, Blk 360, Newcastle and Alberni Districts, Plan 35096

 

for proposed Lot C, shown on the proposed subdivision, be approved subject to the conditions outlined in Schedule No. 1.

 

                        Development Permit Application No. 60449 – Reilly – 1651 Admiral Tryon Boulevard – Area G.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DP Application No. 60449.

 

That Development Permit No. 60449, to vary the minimum setback from 8.0 metres to 1.0 metre to recognize the siting of the existing concrete retaining wall and to permit the construction of a rip rap retaining wall sited a maximum of 1 metre below the natural boundary of the sea, within the Watercourse Protection Development Permit Area on the property legally described as Lot 22, District Lot 28, Nanoose District, Plan 22290, be approved subject to the Conditions of Approval outlined in Schedules No. 1, 2, 3 and 4 of the corresponding staff report and subject to the comments received as a result of public notification pursuant to the Local Government Act.

 

That staff be directed to send a letter to the French Creek Residents Association confirming receipt of their correspondence of October 11, 2004 as part of the application process.

 

                        Development Permit Application No. 60450 – Kehoe Holdings/Fairwinds – Andover Road – Area E.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DP Application No. 60450.

 

                        That Development Permit No. 60450 for Kehoe Holdings Ltd. for the property legally described as Lot 1, District Lot 8, Nanoose District, Plan VIP72015 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 requirements pursuant to the Local Government Act with respect to the proposed variances to Bylaw No. 500, 1987.

 

                        Development Permit Application No. 60451 & Request for Relaxation for the Minimum 10% Frontage Requirement – C & L Addison – Dan’s and McLean’s Roads – Area C.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DP Application No. 60451.

 

That Development Permit No. 60451 submitted by C & L Addison, to allow a driveway access within a Farm Land Protection Development Permit Area and a subdivision within a Watercourse Development Permit Area and to relax the minimum 10% frontage, for the property legally described as Lot A, Section 7, Range 3, Cranberry District, Plan VIP57090 Except Plan VIP73826 be approved, subject to the conditions outlined in Schedule Nos. 1 and 2 of the corresponding staff report.

 

                        DEVELOPMENT VARIANCE PERMIT APPLICATIONS

 

                        Development Variance Permit Application No. 90416 – Clark – 3696 Bell Road – Area D.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DVP Application No. 90416.

 

                        That Development Variance Permit Application No. 90416, submitted by the property owners David Roland Clark and Kathleen Ann Clark for the property legally described as Lot B, Section 18, Range 3, Mountain District, Plan 22702 to relax the minimum setback requirements from 2 exterior lot lines to facilitate the construction of 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.

 

                        OTHER

 

                        Consideration of Park Land Dedication – Timberlake-Jones Engineering Ltd., on behalf of Timberstone Developments – Northwest Bay Road – Area E.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        That the revised park land proposal submitted by Timberlake-Jones Engineering Ltd., on behalf of Timberstone Developments in conjunction with the subdivision of Lot 1, DL 68, Nanoose District, Plan 3940 & District Lot 68, Nanoose District Except Amended Parcel A Thereof and Except Those Parts in Plans 3940, 26680, 27026, 27376 and 30341 be accepted subject to the conditions set out in Schedule No. 1 of the staff report.

 

7.2              COMMITTEE OF THE WHOLE STANDING COMMITTEE

 

62-66                Minutes of the regular Committee of the Whole meeting held October 12, 2004.  (for information)

 

                        COMMUNICATIONS/CORRESPONDENCE

 

                        Hira Chopra, Chairperson, Alberni-Clayoquot Regional District, re Property Tax Exemption.  (All Directors – One Vote)

 

                        That the correspondence from the Alberni-Clayoquot Regional District with respect to a request for property tax exemption for Mount Arrowsmith Regional Park be received.

 

                        COMMUNITY SERVICES

 

                        RECREATION & PARKS

 

                        Horne Lake Regional Park Operations Update.  (All Directors – One Vote)

 

                        That the update report on long-term planning for Horne Lake Regional Park (HLRP) operations, be received.

 

                        CORPORATE SERVICES

 

                        FINANCE

 

                                                Property Tax Exemption – Alberni Clayoquot Regional District.

 

                        (All Directors – Weighted Vote)

 

1.         That “Property Tax Exemption Bylaw No. 1404, 2004” be introduced for first three readings.

 

(All Directors – 2/3)

 

2.         That “Property Tax Exemption Bylaw No. 1404, 2004” having received three readings, be adopted.

 

3.         That staff follow up with a report on the implications of adopting a bylaw for this purpose which would authorize a multi-year exemption from property taxes.

 

                        DEVELOPMENT SERVICES

 

                                                Liquor Licensing Policy.

 

                                                (All Directors – One Vote)

 

That the staff report on a Liquor Licensing Policy be received for information.

 

That the Board approve, by resolution, the Liquor Licensing Policy attached to the corresponding staff report as Schedule 1.

 

                        (All Directors – One Vote)

 

That the Board direct staff, by resolution, to process an amendment to “Regional District of Nanaimo Fees and Charges Bylaw No. 1259, 2002” to incorporate the fees discussed in the corresponding staff report.

 

                                                Board of Variance Policy.  (All Directors – One Vote)

 

                        That the Board of Variance Policy attached to the staff report as Schedule 1 be deferred until staff comes forward with an assessment of fees and charges and a review of the notification procedures as compared to the development variance permit process.

 

                        BYLAW ENFORCEMENT

 

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

 

                        That a notice be filed against the title of the property listed, pursuant to Section 57 of the Community Charter and that if the infractions are not rectified within ninety (90) days, legal action will be pursued:

 

                        Lot 15, District Lot 78, Plan 14212, Nanoose Land District, 2993 Dolphin Drive, Electoral Area ‘E’, owned by P. and K. Kiidumae.

 

                        EMERGENCY SERVICES

 

                        Inclusion of the District of Lantzville – Emergency Management Agreement.  (All Directors – Weighted Vote)

 

                        That the request by the District of Lantzville to be included in the existing Emergency Management Agreement between the Regional District of Nanaimo, City of Nanaimo, City of Parksville and Town of Qualicum Beach be supported and the revision to the Agreement be endorsed.

 

                        ENVIRONMENTAL SERVICES

 

                        UTILITIES

 

                        French Creek Sewer Local Service Area Bylaw No. 813.30 & Northern Community Sewer Local Service Area Bylaw No. 889.29 – 1371 Lundine Lane– Area G.  (All Directors – One Vote)

 

1. That “French Creek Sewer Local Service Area Bylaw No. 813.30, 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. 889.29, 2004” be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

 

                        COMMISSION, ADVISORY & SELECT COMMITTEE

 

                                                District 69 Recreation Commission.  (All Directors – One Vote)

 

                        That the minutes of the District 69 Recreation Commission meeting held September 16, 2004 be received for information.

 

                                                Intergovernmental Advisory Committee.  (All Directors – One Vote)

 

                        That the minutes of the Intergovernmental Advisory Committee meeting held September 9, 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 meeting held September 8, 2004 be received for information.

 

                        Grants-in-Aid Committee.

 

                        That the minutes of the Grants-in-Aid Committee meeting held October 5, 2004 be received for information.  (All Directors – One Vote)

 

                        That the following grants be approved:

 

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

 

School District 68:

 

ALS Society of BC $ 587

Cedar Community Association 1,215

Cedar Family Playtime Society 800

Cedar School & Community Enhancement Society 1,020

The Hope Centre 378

Nanaimo Search & Rescue 1,528

 

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

 

School District 69:

 

Arrowsmith Watersheds Coalition Society $ 1,500

Central Island Critical Incident Stress Association 200

District 69 Family Resource Association 813

Forward House Community Society 600

Lighthouse Country Marine Rescue Society 1,725

Mount Arrowsmith Elder Abuse Prevention Comm. 300

Oceanside Community Arts Council 1,000

Oceanside Emergency Social Services 800

Parksville & District Historical Society 1,550

 

7.3              EXECUTIVE STANDING COMMITTEE

 

            7.4 COMMISSIONS

 

7.4              SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS

 

8.                  ADMINISTRATOR’S REPORTS

 

67-69                        Low Flush Toilets – Building Code Amendment.  (All Directors – One Vote)

 

70 Open Burning as a Land Clearing Technique.  (Map included as separate enclosure) (All Directors – One Vote)

 

71-97 Zoning Amendment Application No. ZA0413 – Wendy Huntbatch – 2116 Alberni Highway – Area F.  (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 90(1) (g) of the Community Charter the Board proceed to an In Camera meeting to consider items relating to legal matters.