REGIONAL DISTRICT OF NANAIMO
MINUTES OF
THE REGULAR MEETING OF THE BOARD
OF THE
REGIONAL DISTRICT OF NANAIMO HELD ON
Present:
Director
J. Stanhope Chairperson
Alternate
Director
H. Kreiberg Electoral Area
A
Director
G. Lund Electoral Area B
Director
E. Hamilton Electoral Area
C
Director
D. Haime Electoral Area D
Director
P. Bibby Electoral Area E
Director
L. Biggemann Electoral Area
F
Director
D. Bartram Electoral Area H
Director
R. Longmuir City of
Parksville
Director
T. Westbroek Town of
Qualicum Beach
Director
C. Haime District of
Lantzville
Director
G. Korpan City of Nanaimo
Director
T. Krall City of Nanaimo
Director
R. Cantelon City of Nanaimo
Director
L. McNabb City of Nanaimo
Director
L. Sherry City of Nanaimo
Director
B. Holdom City of Nanaimo
Also in Attendance:
K.
Daniels Chief
Administrative Officer
C.
Mason Gen. Mgr. of
Corporate Services
B.
Lapham Gen. Mgr. of
Development Services
N.
Connelly Gen. Mgr. of
Community Services
J.
Finnie Gen. Mgr. of
Environmental Services
M.
Pearse Manager of
Administrative Services
CALL TO ORDER
DELEGATIONS
Gwen Harmen, Nanaimo Film Society/Film Nanaimo, re
Services Provided by Film Nanaimo.
Ms. Harmen
introduced Ms. Walrond who spoke of the benefits of the work being done in the
community by film makers and advised that the Society wishes to hold further
discussions in the future about the possible partnership of Film Nanaimo with
the Regional District of Nanaimo.
LATE DELEGATIONS
Doug Speller, re Building Code Bylaw Regarding Moved On Buildings.
Mr. Speller
requested reconsideration of Bylaw No. 1250 which at the present time does not
permit him to move a house onto his lot in Driftwood Beach.
BOARD MINUTES
MOVED
Director Sherry, SECONDED Director McNabb, that the minutes of the Board
meeting held August 10, 2004 and the
Special Board meeting held September 14, 2004 be adopted.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Maura Rafferty, re Development Variance Permit
Application No. 90414 – Kawerau & Butler – 1405 Reef Road – Area E.
MOVED
Director Krall, SECONDED Director Bibby, that the correspondence received from
Maura Rafferty with respect to DVP Application No. 90414, be received.
CARRIED
UNFINISHED BUSINESS
ADMINISTRATOR’S REPORTS
Retaining Walls Adjacent to the Ocean.
MOVED
Director Hamilton, SECONDED Director Bartram, that item be deferred.
CARRIED
BYLAWS
For Adoption.
Bylaw No. 975.36.
MOVED
Director Bibby, SECONDED Director Sherry, that “Regional District of Nanaimo
Pump and Haul Local Service Area Amendment Bylaw No. 975.36, 2004” be adopted.
CARRIED
Bylaw No. 975.37.
MOVED
Director McNabb, SECONDED Director Holdom, that “Regional District of Nanaimo
Pump and Haul Local Service Area Amendment Bylaw No. 975.37, 2004” be adopted.
CARRIED
Director
Korpan left the meeting.
Bylaw No. 500.301 – Keith Brown & Associates, on
behalf of 646268 BC Ltd. (Country Kitchen) – 1922 Schoolhouse Road – Area A.
MOVED
Director Burnett, SECONDED Director Hamilton, that “Regional District of
Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.301, 2004” be
adopted.
CARRIED
Public Hearings.
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.
Director
Burnett left the meeting citing a possible conflict of interest with this item.
MOVED
Director Hamilton, SECONDED Director D. Haime, that the Report of Public
Hearing containing the Summary of Minutes and Submissions of the Public Hearing
held on September 17, 2004 as a result of public notification for “Regional
District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.300,
2004” be received.
CARRIED
MOVED
Director Hamilton, SECONDED Director D. Haime, that “Regional District of
Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.300, 2004” be
given 3rd reading.
CARRIED
MOVED
Director Hamilton, SECONDED Director D. Haime, that the conditions outlined in
Schedule No. 1 be secured and/or completed by the applicant to the satisfaction
of the Regional District prior to consideration of adoption of Bylaw No.
500.300, 2004.
CARRIED
Director
Burnett returned to the meeting.
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.
MOVED
Director Bartram, SECONDED Director Hamilton, that the Report of Public Hearing
containing the Summary of Minutes and Submissions of the Public Hearing held on
September 7, 2004 for “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 received.
CARRIED
MOVED
Director Bartram, SECONDED Director Hamilton, 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 3rd reading.
CARRIED
MOVED
Director Bartram, SECONDED Director Hamilton, that the conditions as outlined
in Schedule No. 1 be secured and/or completed by the applicant to the
satisfaction of the Regional District prior to consideration of adoption of
Bylaw Nos. 500.302, 500.303, 500.304, 500.305 and 500.306, 2004.
CARRIED
STANDING COMMITTEE, SELECT COMMITTEE AND COMMISSION
MINUTES AND RECOMMENDATIONS
ELECTORAL AREA PLANNING STANDING COMMITTEE
MOVED
Director Hamilton, SECONDED Director Bibby, that the minutes of the Electoral
Area Planning Committee meeting held September 14, 2004 be received for
information.
CARRIED
PLANNING
DEVELOPMENT PERMIT APPLICATIONS
Development Permit Application No. 60437 – Lajeunesse
– 1539 Gordon Road – Area A.
MOVED
Director Hamilton, SECONDED Director D. Haime, 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.
CARRIED
Development Permit Application No. 60440 – Keith
Brown & Associates on behalf of 646268 BC Ltd. (Country Kitchen) – 1922
Schoolhouse Road – Area A.
MOVED
Director Hamilton, SECONDED Director Bibby, 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.
CARRIED
DEVELOPMENT VARIANCE PERMIT APPLICATIONS
Development Variance Permit Application No. 90413 –
Skollsberg – 3584 Outrigger Road – Area E.
MOVED
Director Hamilton, SECONDED Director Bibby, 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.
CARRIED
Development Variance Permit Application No. 90414 –
Kawerau & Butler – 1405 Reef Road – Area E.
MOVED
Director Hamilton, SECONDED Director Bibby, 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.
CARRIED
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.
MOVED
Director Hamilton, SECONDED Director Bartram, 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.
CARRIED
OTHER
Consideration of Park Land Dedication – Lost Lake
Properties Ltd., on behalf of McKin Estates – off Sumar Lane – Area G.
MOVED
Director Hamilton, SECONDED Director D. Haime, 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.
CARRIED
Temporary Use Permit No. 0401 – James & Ellen
Rothwell – 241 Hilliers Road North – Area G.
MOVED
Director Hamilton, SECONDED Director Bartram, 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.
CARRIED
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.
MOVED
Director Hamilton, SECONDED Director Bibby, 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.
CARRIED
Electoral Area ‘F’ – Delegation of Authority for
Non-Farm Uses.
MOVED
Director Hamilton, SECONDED Director Bibby,:
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’.
CARRIED
DIRECTOR’S AGENDA ITEM
Traffic Flow on Corcan Road.
MOVED
Director Bartram, SECONDED Director Biggemann, 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.
CARRIED
COMMITTEE OF THE WHOLE STANDING COMMITTEE
MOVED
Director Sherry, SECONDED Director McNabb, that the minutes of the regular
Committee of the Whole meeting held September 14, 2004 be received for
information.
CARRIED
COMMUNICATIONS/CORRESPONDENCE
Bill Barisoff, Minister, Ministry of Water, Land and
Air Protection, re Fish Protection Act.
MOVED
Director Krall, SECONDED Director Holdom, that the correspondence from the
Minister of Water, Land and Air Protection with respect to the Fish Protection Act be received.
CARRIED
COMMUNITY
SERVICES
Green Buildings.
MOVED
Director Holdom, SECONDED Director Bartram,:
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.
CARRIED
RECREATION & PARKS
Draft Bylaw No. 1399 to Provide for the Regulation of
Park Use in the RDN.
MOVED
Director McNabb, SECONDED Director Bartram, 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.
CARRIED
CORPORATE
SERVICES
FIRE PROTECTION
Financing Bylaws – San Pareil Water Service Security
Issuing Bylaw No. 1395 & Coombs-Hilliers Fire Service Security Issuing
Bylaw No. 1396.
MOVED
Director Sherry, SECONDED Director McNabb, that “Regional District of Nanaimo
(San Pareil Water Service) Security Issuing Bylaw No. 1395, 2004” be introduced
for first three readings.
CARRIED
MOVED
Director Sherry, SECONDED Director McNabb, 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.
CARRIED
MOVED
Director Westbroek, SECONDED Director Biggemann, that “Regional District of
Nanaimo (Coombs-Hilliers Fire Service) Security Issuing Bylaw No. 1396, 2004”
be introduced for first three readings.
CARRIED
MOVED
Director Biggemann, SECONDED Director Cantelon, 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.
CARRIED
DEVELOPMENT
SERVICES
BYLAW ENFORCEMENT
Section 57 of the Community Charter – Contravention
of Bylaw – Peter and Kathleen Kiidumae – 2993 Dolphin Drive – Area E.
MOVED
Director Bibby, SECONDED Director McNabb, that this item be deferred to allow
for further discussion with property owners.
CARRIED
ENVIRONMENTAL
SERVICES
LIQUID WASTE
Lasqueti Island Septage.
MOVED
Director Sherry, SECONDED Director C. Haime, that “Regional District of Nanaimo
Trucked Liquid Waste Disposal Amendment Bylaw No. 988.06, 2004” be introduced
for three readings.
CARRIED
MOVED
Director Sherry, SECONDED Director C. Haime, that “Regional District of Nanaimo
Trucked Liquid Waste Disposal Amendment Bylaw No. 988.06, 2004” having received
three readings be adopted.
CARRIED
SOLID WASTE
Non-Profit Organizations – Solid Waste Tipping Fee
Waivers.
MOVED
Director D. Haime, SECONDED Director Longmuir, that the Board receive the
status report on non-profit organizations tipping fee waiver policies for
information.
CARRIED
Status of the Provincial Produce Stewardship Business
Plan.
MOVED
Director Sherry, SECONDED Director Holdom,:
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.
CARRIED
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.
MOVED
Director Biggemann, SECONDED Director Hamilton, 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.
CARRIED
MOVED
Director Biggemann, SECONDED Director Hamilton, 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.
CARRIED
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.
MOVED
Director Westbroek, SECONDED Director Sherry, 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.
CARRIED
MOVED
Director Westbroek, SECONDED Director Sherry, 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.
CARRIED
Morningstar Streetlighting Local Service Area
Boundary Amendment Bylaw No. 869.06 – Wembley Road – Area G.
MOVED
Director Westbroek, SECONDED Director McNabb, 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.
CARRIED
Surfside Sewer Local Service Area Bylaw No. 1124.03
& Northern Community Sewer Local Service Area Bylaw No. 889.28 – 965
Surfside Drive – Area G.
MOVED
Director Sherry, SECONDED Director Westbroek, 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.
CARRIED
MOVED
Director Sherry, SECONDED Director Holdom, 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.
CARRIED
COMMISSION, ADVISORY & SELECT COMMITTEE
Area B Parks & Open Space Advisory Committee.
MOVED
Director Lund, SECONDED Director Cantelon, that the minutes of the Area B Parks
& Open Space Advisory Committee meeting held June 29, 2004 be received for
information.
CARRIED
MOVED Director Bibby, SECONDED
Director Cantelon, that the minutes of the Nanoose Bay Parks & Open Space
Advisory Committee meetings held March 22 and July 12, 2004 be received for
information.
Open Burning as a Land Clearing Technique.
MOVED
Director Lund, SECONDED Director D. Haime, that the Board defer the request to
MWLAP to act on the 1996 request to change portions of the RDN to Category A
under the OBSCR.
CARRIED
MOVED
Director Longmuir, SECONDED Director Krall, that the Board direct staff to
further consider the issue of banning burning in the rural urban interface in
the 2005 workplan.
CARRIED
Transit
Business Plan Update Select Committee.
MOVED Director Krall, SECONDED
Director Westbroek, that the minutes of the Transit Business Plan Update Select
Committee meeting held September 9, 2004 be received for information.
CARRIED
MOVED Director Lund, SECONDED
Director Bartram, that Marylyn Beaubien be appointed to the Gabriola Island
Parks and Open Space Advisory Committee for a term ending December 31, 2005.
Development Permit Application No.
60418 – Gunning – 1733 Admiral Tryon Boulevard – Area G.
MOVED Director Hamilton, SECONDED Director Bibby,
that Development Permit Application No. 60418 to vary the minimum setback from
8.0 metres to 1.1 metres 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 30, District Lot 28, Nanoose District, Plan VIP62528, be
approved subject to confirming the requirements outlined in Schedules No. 1, 2,
3 and 4 of the original report were met and conditions outlined in Schedule No.
1 of this report be met.
CARRIED
Zoning Amendment Application No. ZA0414 – RDN and Department of National
Defense – Area E.
MOVED Director Bibby, SECONDED Director Hamilton, that “Regional
District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.307,
2004” be given 1st and 2nd reading.
MOVED Director Bibby, SECONDED Director
Hamilton, that the Board pass a resolution waiving the holding of a Public
Hearing for “Regional District of Nanaimo Land Use and Subdivision Bylaw
Amendment Bylaw No. 500.307, 2004”.
CARRIED
MOVED Director Bibby, SECONDED
Director D. Haime, that notice be provided regarding “Regional District of
Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.307, 2004” in
accordance with statutory requirements.
CARRIED
MOVED Director Bibby, SECONDED
Director Bartram, that the bylaw be forwarded to the Ministry of Transportation
for approval, prior to final reading.
CARRIED
Nanaimo
Area Land Trust Additional Funding Request.
MOVED Director D. Haime, SECONDED Director Bartram, that the report on
the Nanaimo Area Land Trust request for additional funding in 2004 from the
Regional District, be received.
MOVED Director Burnett, SECONDED Director D. Haime, that the motion be
amended to read: that the report on the
Nanaimo Area Land Trust be received for information and that the Nanaimo Area
Land Trust be provided an additional $5,000 in funding for 2004 from the
Regional Parks operating budget.
CARRIED
MOVED Director McNabb, SECONDED Director Biggemann, that the resolution
with respect to the Liquor License Application submitted by the Cassidy Inn
Hotel, attached as Schedule No. 1, be approved subject to consideration of any
written submissions or comments resulting from public notification.
CARRIED
Moved On Buildings Bylaw No. 1250.
MOVED Director Cantelon, SECONDED Director Bibby, that staff be
instructed to review Bylaw No. 1250 with consideration being given to:
1.
Mr. Speller’s presentation.
2.
Procedures in other jurisdictions.
3.
Code considerations.
4.
Effects on neighbouring property values and other
consideration staff may deem relevant.
CARRIED
MOVED Director McNabb, SECONDED
Director Sherry, 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.
MOVED Director McNabb, SECONDED Director Sherry, that this meeting
adjourn to allow for an in camera session.
CARRIED
TIME:
8:45 PM