REGIONAL DISTRICT OF NANAIMO

 

BOARD MEETING

TUESDAY, APRIL 26, 2005

(immediately following Regional Hospital District meeting)

 

(RDN Board Chambers)

 

 

A G E N D A

 

 

PAGES

 

1.                  CALL TO ORDER

 

            2.            DELEGATIONS

 

            3.            BOARD MINUTES

 

11-32    Minutes of the regular Board meeting held on March 22, 2005 and the Special Board meeting held on March 29, 2005.

 

            4.            BUSINESS ARISING FROM THE MINUTES

 

5.                  COMMUNICATIONS/CORRESPONDENCE

 

33 Audrey Eggins, re Development Variance Permit Application No. 90509 – McCullough – 1265 Marina Way – Area E.

 

34 Charles Eggins, re Development Variance Permit Application No. 90509 – McCullough – 1265 Marina Way – Area E.

 

35 Peter & Pauline Webber, re Development Variance Permit Application No. 90509 – McCullough – 1265 Marina Way – Area E.

 

36 John & Lucille Dodd, re Development Variance Permit Application No. 90510 – Teppler – 2424 Ainsley Place – Area E.

 

            6. UNFINISHED BUSINESS

 

                        BYLAWS

 

                        For Adoption.

 

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

 

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

 

7.1              ELECTORAL AREA PLANNING STANDING COMMITTEE

 

37-41                Minutes of the Electoral Area Planning Committee meeting held April 12, 2005.  (for information)

 

                        PLANNING

 

                        AMENDMENT APPLICATIONS

 

                        Zoning Amendment Application No. ZA0415 – Wessex Enterprises Ltd./Addison – Midora Road &  Extension Road – Area C.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        1. That Zoning Amendment Application No. ZA0415 submitted by Harry May for Wessex Enterprises Ltd., to rezone the property legally described as Parcel Z (DD K83923), Section 13, Range 1 and Sections 12 and 13, Range 2, Cranberry District from Rural 6 Subdivision District ‘V’ (RU6V) to Comprehensive Development Zone 19 (CD19) in order to permit residential use and facilitate subdivision be approved to proceed to public hearing.

 

                        2. That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.308, 2005” be given 1st and 2nd reading.

 

                        3. That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.308, 2005” proceed to public hearing, subject to the conditions outlined in Schedule No. 1.

 

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

 

                        That the minutes of the Public Information meeting held January 13, 2005 for Zoning Amendment Application ZA0415 be received.

 

                        Zoning Amendment Application No. ZA0503 – Owners of Strata Plan VIS5160/Hamilton – Horne Lake – Area H.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        1. That the minutes of the Public Information Meeting held on March 23, 2005 be received.

 

                        2. That Zoning Amendment Application No. ZA0503 submitted by Murray Hamilton on behalf of the Owners of Strata Plan VIS5160 to amend the Comprehensive Development 9 (CD9) and Water 4 (WA4) zones pursuant to Bylaw No. 500 to permit a boat ramp; one water storage structure and one three-sided roofed wood storage structure for each recreational residential lot; a ‘lower loft’ and to undertake some minor housekeeping amendments to the CD9 zone for the bare land strata properties around Horne Lake, be approved to proceed to public hearing subject to the conditions included in Schedule No. 1 as recommended by staff.

 

                        3. That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.314, 2005” be given 1st and 2nd reading.

 

                        4. That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.314, 2005” proceed to public hearing.

 

                        5. That the public hearing on “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.314, 2005” be delegated to Director Bartram or his alternate.

 

                        Zoning Amendment Application No. 0507 – RDN Recreation and Parks Department – Horne Lake Regional Park – Area H.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        1. That the minutes of the Public Information Meeting held on March 23, 2005 be received.

 

                        2. That the Ministry of Transportation be requested to amend the Land Use Covenant registered on the title of Block 40, Alberni District, Plan 691N, except that part thereof shown outlined in red on Plan 1339R and except that part in Plan 46603 to include the additional park uses proposed in Zoning Amendment Application No. ZA0507.

 

                        3. That Zoning Amendment Application No. ZA0507 be approved to proceed to public hearing subject to the conditions included in Schedule No. 1 as recommended by staff.

 

                        4. That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.318, 2005” be given 1st and 2nd reading.

 

                        5. That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.318, 2005” proceed to public hearing.

 

                        6. That the public hearing on “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.318, 2005” be delegated to Director Bartram or his alternate.

 

                        Zoning Amendment Application No. 0508 – RDN Recreation & Parks Department – Qualicum River Corridor – Area H.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

1.        That the minutes of the Public Information Meeting held on March 23, 2005 be received.

 

2.        That Zoning Amendment Application No. ZA0508 recognizing the existing fish hatchery uses and trail use be approved to proceed to public hearing.

 

3.        That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.319, 2005” be given 1st and 2nd reading.

 

4.        That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.319, 2005” proceed to public hearing.

 

5.        That the public hearing on “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.319, 2005” be delegated to Director Bartram or his alternate.

 

                        DEVELOPMENT PERMIT APPLICATIONS

 

                        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 Application No. 60449 to allow the installation of a new retaining wall at 1651 Admiral Tryon Boulevard within the Watercourse Protection Development Permit Area, and to vary the minimum setback from the sea from 8.0 metres to 3.0 metres, be approved, in accordance with the terms outlined in Schedule No. 1 of the corresponding staff report and subject to the comments received as a result of public notification pursuant to the Local Government Act, and that Development Permit Application No. 60449 be issued upon completion of the following items:

 

a) The applicants must provide, in the form of a letter of credit or cash, or certified cheque a security in the amount of CDN $5,000.00, for required landscaping, both on the subject property and within the public road right-of-way.

 

b) The applicants must register the geotechnical reports prepared by Davey Consulting and Engineering Limited, dated September 21, 2004 and subsequent addenda, including the save harmless clause, as a Section 219 covenant on the title of the subject property.

 

                        Development Permit Application No. 60510 – Weighill – 1501 Gordon Road – Area A.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DP Application No. 60510.

 

                        That Development Permit Application No. 60510 submitted by Richard and Michele Weighill to approve land alteration works within the Streams, Nesting Trees and Nanaimo River Floodplain Development Permit Area, consisting of the introduction of large amounts of fill (approximately 24,000 m3 in total) to allow for the construction of a French drain on the property legally described as Lot 1, Section 17, Range 8, Cranberry District, Plan 31020 be approved subject to the terms outlined in Schedule No. 1.

 

                        DEVELOPMENT VARIANCE PERMIT APPLICATIONS

 

                        Development Variance Permit Application No. 90505 – Shannon/McLeod-Shannon – 1827 Ballenas Road West – Area E.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DVP Application No. 90505.

 

                        That Development Variance Permit Application No. 90505, submitted by Patrick Shannon and Rosie McLeod-Shannon for 1827 Ballenas Road West, to vary Section 3.4.61 of “Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987” by relaxing the interior side lot line setback requirement from 2.0 metres to 1.2 metres to legalize an existing accessory building according to the terms of Schedule 1, be approved subject to the notification requirements pursuant to the Local Government Act.

 

                        Development Variance Permit Application No. 90506 – Eagles – 1380 Leeson Lane – Area A.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DVP Application No. 90506.

 

                        That Development Variance Permit Application No. 90506, submitted by James and Adrienne Eagles to vary “Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987” as outlined on Schedule No. ‘4’ to legalize the siting of an existing single dwelling unit and attached deck, and allow a second-storey addition according to the terms in Schedule No. ‘1’, be approved subject to the notification requirements pursuant to the Local Government Act.

 

                        Development Variance Permit Application No. 90508 – Seefried – Kirkstone Way – Area A.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DVP Application No. 90508.

 

                        That Development Variance Permit Application No. 90508, submitted by Andrew and Linda Seefried to vary “Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987” by relaxing the maximum permitted dwelling unit height from 8.0 metres to 9.8 metres according to the terms of Schedule ‘A’, be approved subject to the notification requirements pursuant to the Local Government Act.

 

                        Development Variance Permit Application No. 90509 – McCullough – 1265 Marina Way – Area E.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DVP Application No. 90509.

 

                        That Development Variance Permit Application No. 90509, submitted by the property owners, Ken McCullough and Iris McCullough, for 1265 Marina Way to relax the interior side lot line setback requirement according to the terms of Schedule No. 1, be approved subject to the notification requirements pursuant to the Local Government Act.

 

                        Development Variance Permit Application No. 90510 – Teppler – 2424 Ainsley Place – Area E.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DVP Application No. 90510.

 

                        That Development Variance Permit Application No. 90510, submitted by Wolfgang and Carol Teppler, to vary Section 3.4.61 of “Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987” to relax the maximum permitted dwelling unit height from 8.0 metres to 9.2 metres according to the terms of Schedule ‘1’, be approved as submitted subject to the notification procedures pursuant to the Local Government Act.

 

                        Development Variance Permit Application No. 90511 – Heinz-Farris – 2130 Sherritt Drive – Area E.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Delegations wishing to speak to DVP Application No. 90511.

 

                        That Development Variance Permit Application No. 90511, submitted by the property owners Steven Heinz and Jill Ferris for 2130 Sherritt Drive, to vary Section 3.4.61 of “Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987” by relaxing the maximum height requirement from 8.0 metres to 8.7 metres in order to accommodate the construction and siting of a dwelling unit, be approved subject to the conditions outlined in Schedule No. 1, and to the notification requirements pursuant to the Local Government Act.

 

                        OTHER

 

                        Land Use and Subdivision Amendment Bylaw No. 500.303 – Fern Road Consulting Ltd., on behalf of Duanne Vincent – 930 Spider Lake Road – Area H.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

1. That the request by Fern Road Consulting on behalf of Duanne Vincent, to relax the minimum 10% frontage requirement for proposes Lot C, as shown on the plan of subdivision of Lot 4, Block 360, Newcastle and Alberni Districts, Plan 35096, be approved.

 

2. That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.303, 2004” be adopted.

 

                        Development Approval Procedures and Notification Bylaw No. 1432.

 

                        (Electoral Area Directors except EA ‘B’ – One Vote)

 

1. That “Regional District of Nanaimo Development Approval Procedures and Notification Bylaw No. 1432, 2005” be given three readings.

 

(Electoral Area Directors except EA ‘B’ – 2/3 Majority Vote)

 

2. That “Regional District of Nanaimo Development Approval Procedures and Notification Bylaw No. 1432, 2005” having received three readings, be adopted.

 

7.2              COMMITTEE OF THE WHOLE STANDING COMMITTEE

 

42-47 Minutes of the Committee of the Whole meeting held March 8, 2005. (for information)

 

                        COMMUNICATION/CORRESPONDENCE

 

                        F.S. Rockwell, Vancouver Island Health Authority, re West Nile Virus.  (All Directors – One Vote)

 

                        That the correspondence received from the Vancouver Island Health Authority with respect to the spread of West Nile Virus, be received.

 

                        COMMUNITY SERVICES

 

                        RECREATION & PARKS

 

                        Park Proposal for Arrowsmith Massif.  (All Directors – One Vote)

 

That the Regional District of Nanaimo formally join the Alpine Club of Canada and the Federation of Mountain Clubs of British Columbia in partnering to approach the BC Government to seek the creation of a Provincial wilderness park for Crown Land Block 1380 (the Arrowsmith Massif).

 

That the Regional District of Nanaimo request the Board of the Alberni-Clayoquot Regional District support this initiative and invite their participation.

 

                        Oakdown Community Park Adjunct II/Trail Network License – Area H.  (All Directors – Weighted Vote)

 

                        That Land and Water BC’s offer of a 10-year license of occupation for Lots 39, 45 and 46, Plan 1884, DL 89, Newcastle District, be accepted.

 

                        Nanaimo River Regional Park Management Plan.  (All Directors – One Vote)

 

                        That the Nanaimo River Regional Park Management Plan be approved.

 

                        REGIONAL GROWTH MANAGEMENT

 

                        Regional Context Statement – City of Nanaimo.  (All Directors – One Vote)

 

                        That the Regional District of Nanaimo continue to accept the City of Nanaimo Regional Context Statement.

 

                        CORPORATE SERVICES

 

                        ADMINISTRATION

 

                                                Signing Authorities for Deputy Administrator.  (All Directors – One Vote)

 

That Robert Lapham, Deputy Administrator, be added as a signing authority for all financial instruments as outlined in agreements with the Royal Bank of Canada, the Municipal Finance Authority and Canaccord Capital and that this authorization apply equally to the Regional District of Nanaimo and the Nanaimo Regional Hospital District.

 

That the position and signature of the General Manager, Corporate Services are hereby revoked from all agreements with the institutions noted above.

 

                        DEVELOPMENT SERVICES

 

                        PLANNING

 

                                                Sewerage System Regulations.  (All Directors – One Vote)

 

                        That the Board receive the sewerage system regulations report for information.

 

                        That a letter be sent to the Ministry encouraging the sewage disposal industry to take advantage of emerging technology but advising that the RDN has serious concerns about past and proposed approval, monitoring and enforcement of sewage disposal system performance. Further that the Ministry be advised that not all areas of the Regional District are subject to building inspection.

 

                        ENVIRONMENTAL SERVICES

 

                        LIQUID WASTE

 

                        Greater Nanaimo Pollution Control Centre Tunnel Exit and Odour Control Construction Project Tender Award.  (All Directors – Weighted Vote)

 

                        That the Regional District of Nanaimo award the contract to construct the tunnel exit and odour control works to Forbes Industrial Contractors Ltd. for the tendered price of $690,150.

 

                        SOLID WASTE

 

                                                Commercial Food Waste Ban.  (All Directors – One Vote)

 

                        That the Board ban commercial food waste from RDN disposal facilities, effective June 1, 2005 in accordance with the Solid Waste Management Plan.

 

                        Partners for Climate Protection Program Update.  (All Directors – One Vote)

 

                        That the update on the implementation of the Partners for Climate Protection Program be received by the Board for information.

 

                                                Climate Change Standing Committee.  (All Directors – One Vote)

 

                        That the minutes of the Climate Change Standing Committee meeting held April 6, 2005 be received for information.

 

                        UTILITIES

 

                        French Creek Sewer Local Service Area Bylaw No. 813.31 and Northern Community Sewer Local Service Area Bylaw No. 889.30 – H & F Ventures Ltd. – Lee Road – Area G.  (All Directors – One Vote)

 

1. That “French Creek Sewerage Facilities Local Service Area Amendment Bylaw No. 813.31, 2005” be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

 

2. That “Northern Community Sewer Local Service Area Amendment Bylaw No. 889.30, 2005” be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

 

                        COMMISSION, ADVISORY & SELECT COMMITTEE

 

                        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 March 10, 2005 be received for information.

 

                                                Intergovernmental Advisory Committee.  (All Directors – One Vote)

 

                        That the minutes of the Intergovernmental Advisory Committee meetings held March 10 and March 31, 2005 be received for information.

 

                        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 meetings held November 18, 2004 and January 20, 2005 be received for information.

 

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

 

                        That the minutes of the Nanoose Bay Parks and Open Space Advisory Committee meeting held March 7, 2005, be received for information.

 

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

 

                        That the minutes of the District 69 Recreation Commission meeting held March 17, 2005, be received for information.

 

                        BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

 

                                                Traffic Light at Lee Road Intersection.  (All Directors – One Vote)

 

                        That the Regional District send a letter to the Provincial Ministry of Transportation to express the concerns regarding the safety of the Lee Road and Highway 19A intersection and recommend that a lighted signal control be installed and further that the correspondence be copied to the Insurance Corporation of BC.

 

                                                Vancouver Island Biosphere Centre Project.  (All Directors – One Vote)

 

                        That staff review the criteria and look at the serviceability of possible sites within the Regional District for a Biosphere Centre and report back to the Board.

 

                        NEW BUSINESS

 

                                                Forestry Land Downsizing.  (All Directors – One Vote)

 

                        That staff prepare a report for the Board which would identify forestry land sites within the Regional District including Mount Benson, that may be proposed for subdivision and should be considered for zoning amendments that would restrict minimum parcel sizes to 50 hectares.

 

7.3              EXECUTIVE STANDING COMMITTEE

 

            7.4 COMMISSIONS

 

7.4              COMMITTEE REPORTS

 

8.                  ADMINISTRATOR’S REPORTS

 

48-56 RDN Officers Appointment and Delegation Bylaw No. 1433 and RDN Officers and Management Employees Terms and Conditions of Employment Amendment Bylaw No. 1417.01.  (All Directors – One Vote)

 

57-59                        Board Remuneration Review Committee.  (All Directors – One Vote)

 

60-65                        Islands Trust – Election Services Agreement.  (All Directors – Weighted Vote)

 

66-75 Regional Context Statement for Town of Qualicum Beach Official Community Plan.  (All Directors – One Vote)

 

76-81 Proposed Amendments to Subdivision Fees.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

82-87 Amendment Bylaw No. 500.316 – RG Fuller & Associates, on behalf of Land & Water BC – Fielding Road – Area A.  (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