REGIONAL DISTRICT OF NANAIMO

 

BOARD MEETING

TUESDAY, JULY 26, 2005

7:00 PM

 

(RDN Board Chambers)

 

 

A G E N D A

 

PAGES

 

1.                  CALL TO ORDER

 

            2.            DELEGATIONS

 

10 Maeve O’Byrne, Nanaimo & District Hospital Foundation, re Update on the Activities of the Foundation.

 

11                        Frank Garnish, re Referendum for a Recreation Function in Electoral Area A.

 

            3.            BOARD MINUTES

 

12-26    Minutes of the regular Board meeting held on June 28, 2005.

 

            4.            BUSINESS ARISING FROM THE MINUTES

 

5.                  COMMUNICATIONS/CORRESPONDENCE

 

27 Margaret & Tony Giblett, re Development Permit Application No. 60532 – Davis/Carniato – Andover Road – Area E.

 

            6. UNFINISHED BUSINESS

 

                        BYLAWS

 

                        For Adoption.

 

28-30 Bylaw No. 500.319 - Land Use and Subdivision Bylaw Amendment – Qualicum River Corridor – Area H.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

31-32 Bylaw No. 500.320 – Land Use and Subdivision Bylaw Amendment – Amendment Application ZA0511 – 946 Text Amendment.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Bylaw No. 813.32 – French Creek Sewerage Facilities LSA Amendment Bylaw – 1355 Lundine Lane – Area G.  (All Directors – One Vote)

 

                        Bylaw No. 889.31 - Northern Community Sewer Local Service Area – 1355 Lundine Lane – Area G.  (All Directors – One Vote)

 

                        Bylaw No. 788.04 - Madrona Point Water Service Area Purpose Amendment Bylaw.  (All Directors – One Vote)

 

                        Bylaw No. 867.01 - Nanoose Bay Peninsula Water Services Amalgamation Bylaw.  (All Directors – One Vote)

 

                        Bylaw No. 929.04 - West Bay Estates Water Service Area Purpose Amendment Bylaw.  (All Directors – One Vote)

 

                        Bylaw No. 930.03 - Arbutus Park Estates Water Service Area Purpose Amendment Bylaw.  (All Directors – One Vote)

 

                        Bylaw No. 1255.02 - Driftwood Water Service Area Purpose Amendment Bylaw.  (All Directors – One Vote)

 

                        Bylaw No. 1288.01 - Fairwinds Water Service Area Purpose Amendment Bylaw.  (All Directors – One Vote)

 

                        Bylaw No. 1372.02 - Nanoose Bay Water Supply Service Area Purpose Amendment Bylaw.  (All Directors – One Vote)

 

                        Bylaw No. 1224.02 - Sewage Disposal Regulation Amendment – Pump and Haul.  (Electoral Areas ‘B’, ‘D’, ‘E’, ‘F’, ‘H’ & City of Nanaimo – Weighted Vote)

 

33-38 Bylaw No. 1285.06 - Zoning Amendment Application No. ZA0413 – Wendy Huntbatch – 2116 Alberni Highway – Area F.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        Public Hearing & Third Reading.

 

39-51 Report of the Public Hearing held June 30, 2005 with respect to Bylaw No. 500.308 – Land Use and Subdivision Bylaw Amendment – Wessex Enterprises Ltd./Addison – Midora and Extension Roads – Area C.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

52-93 Report of the Public Hearing held June 27, 2005 with respect to Bylaw No. 1400 - Nanoose Bay Official Community Plan Bylaw.  (All Directors except EA ‘B’ – One Vote)

 

                        Third Reading.

 

94-99 Bylaw No. 1442 – Northern Community Sewer Service Area Development Cost Charges Bylaw.  (All Directors – One Vote)

 

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

 

7.1              ELECTORAL AREA PLANNING STANDING COMMITTEE

 

100-102            Minutes of the Electoral Area Planning Committee meeting held July 12, 2005.  (for information)

 

                        PLANNING

 

                        DEVELOPMENT PERMIT APPLICATIONS

 

                        Development Permit Application No. 60524 – Chiste & Larsen – Northwest Bay Road – Area E.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

            Delegations wishing to speak to Development Permit Application No. 60524.

 

                        That Farm Land Protection Development Permit Application No. 60524 to facilitate remediation of the 15.0 metre buffer area through replanting and leveling of the site and to allow the installation of a septic system within the buffer area, be approved, according to the terms outlined in Schedule No. 1.

 

                        Development Permit Application No. 60525 – Purves – 629 Viking Way – Area G.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

            Delegations wishing to speak to Development Permit Application No. 60525.

 

                        That Development Permit Application No. 60525 with a front yard setback variance from 8.0 metres to 5.1 metres to permit the construction of a dwelling unit at 629 Viking Way be approved according to the terms outlined in Schedule No. 1, and subject to the Board’s consideration of comments received as a result of public notification.

 

                        Development Permit Application No. 60526 – Friede/Fern Road – 6060 Island Highway West – Area H.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

            Delegations wishing to speak to Development Permit Application No. 60526.

 

                        That Development Permit Application No. 60526 with variance be approved according to the terms of Schedule No. 1, subject to consideration of comments received as a result of public notification and that the issuance of Development Permit No. 60526 be withheld until completion of the following:

 

The applicant shall, at the applicant’s expense and to the satisfaction of the Regional District of Nanaimo, prepare and register a Section 219 covenant saving the Regional District of Nanaimo harmless of any damages and/or losses as a result of flooding and/or erosion.

 

                        Development Permit Application No. 60528 – Fern Road Consulting Ltd. on behalf of D & B Van Damme – 1921/1931 Northwest Bay Road – Area E.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

            Delegations wishing to speak to Development Permit Application No. 60528.

 

                        That Development Permit No. 60528, submitted by Fern Road Consulting Ltd., on behalf of D and B Van Damme for the property legally described as Lot 3, District Lot 10, Nanoose District, Plan 28601, be approved subject to the conditions outlined in Schedules No. 1 and 2 of the corresponding staff report.

 

                        Development Permit Application No. 60529 – Fern Road Consulting Ltd., on behalf of Forevergreen Properties Ltd. – Inland Island Highway/Butler Avenue – Area G.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

            Delegations wishing to speak to Development Permit Application No. 60529.

 

That the request, submitted by Fern Road Consulting Ltd., on behalf of Forevergreen Properties Ltd., to allow the creation of a subdivision within the Inland Island Highway Development Permit Area as shown on the proposed plan of subdivision of Block 1438, Nanoose District, Except Parts in Plans 33564, VIP52788, VIP55714, 3501RW and VIP64704 and Proposed Closed Road, be approved subject to the conditions of Schedules No. 1 and 2.

 

That the Approving Officer be specifically advised to take all necessary steps for the protection of all water wells, and in particular, those wells within the City of Parksville.

 

                        Development Permit Application No. 60532 – Davis/Carniato – Andover Road – Area E.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

            Delegations wishing to speak to Development Permit Application No. 60532.

 

                        That Development Permit Application No. 60532 with a variance to reduce the front lot line setback from 8.0 metres to 5.0 metres on Andover Road be approved according to the terms outlined in Schedule No. 1, subject to consideration of comments received as a result of public notification.

 

                        DEVELOPMENT VARIANCE PERMIT APPLICATIONS

 

                        Development Variance Permit Application No. 90515 – Schlegel – Blueback Drive – Area E.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

            Delegations wishing to speak to Development Permit Application No. 90515.

 

                        That Development Variance Permit Application No. 90515, 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 9.1 metres according to the terms of Schedule ‘1’, be approved subject to consideration of the comments received as a result of notification pursuant to the Local Government Act.

 

                        OTHER

 

                        Building Strata Conversion Application – S & W Jessen – 3051 West Road – Area D.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                        That the request from Steven and Wendy Jessen, for the building strata conversion as shown on the Proposed Strata Plan of Lot 2, Section 16, Range 3, Mountain District, Plan VIP72060, be approved subject to the conditions being met as set out in Schedules No. 1, 2 and 3 of the staff report.

 

7.2              COMMITTEE OF THE WHOLE STANDING COMMITTEE

 

103-107 Minutes of the Committee of the Whole meeting held July 12, 2005. (for information)

 

                        COMMUNICATION/CORRESPONDENCE

 

                        Jac Kreut, Board Chair, Vancouver Island Health Authority, re Attendance at Joint Capital Planning Meetings.  (All Directors – One Vote)

 

                        That the correspondence from the Vancouver Island Health Authority regarding attendance at Joint Capital Planning meetings be received.

 

                        COMMUNITY SERVICES

 

                        EMERGENCY PLANNING

 

                        CVRD Pesticide Reduction Strategy.  (All Directors – One Vote)

 

                        That the report on a pesticide reduction strategy be received for information and that staff be provided with direction for further action on this issue.

 

                        RECREATION AND PARKS

 

                        Boardwalk Construction at Cox Community Park – Area B.  (All Directors – Weighted Vote)

 

                        That the revised Area B community parks budget and the construction of a boardwalk within Cox Community Park on Gabriola Island, be approved.

 

                        REGIONAL GROWTH MANAGEMENT

 

                                                Green Buildings Project – Green Buildings Tour.  (All Directors – One Vote)

 

                        That the report on the educational green building tour conducted as a part of the Green Buildings Project be received.

 

                        CORPORATE AND COMMUNITY DEVELOPMENT

 

                        ADMINISTRATION

 

                        Port Theatre Funding Request for Electoral Areas D and E.  (All Directors – One Vote)

 

1. That the Regional District of Nanaimo proceed to referendum on November 19, 2005, to obtain the assent of electors in the remainder of Electoral Area D and Electoral Area E to establish individual Port Theatre Contribution Service Areas and that the referendum questions be as follows:

 

i. Are you in favour of the “Remainder of Electoral Area D Port Theatre Contribution Service Area Bylaw No. 1448” which, if enacted, would establish an annual contribution of $3,575 to contribute towards the operation of the Port Theatre?

 

ii. Are you in favour of the “Electoral Area E Port Theatre Contribution Service Area Bylaw No. 1449” which, if enacted, would establish an annual contribution of $19,950 to contribute towards the operation of the Port Theatre?

 

2. That the “Remainder of Electoral Area D Port Theatre Contribution Service Area Bylaw No. 1448, 2005” be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

 

3. That the “Electoral Area E Port Theatre Contribution Local Service Area Bylaw No. 1449, 2005” be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

 

4. That the Port Theatre be required to report annually to a meeting of the Board.

 

                        Police Support Services Funding.  (Parksville, Qualicum Beach, EA’s ‘E’, ‘F’, ‘G’ & ‘H’ – Weighted Vote)

 

                        That assistance be provided to community based organizations providing police support services in the District 69 area through the 2005 general grants in aid function in the amount of $3,064 for 2005 only.

 

                        That staff bring back the Police Support Services Establishing Bylaw No. 1421 report which considers establishing a new function to provide ongoing financial support to community based volunteer organizations delivering police support services to commence in 2006.

 

                        BUILDING INSPECTION

 

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

 

                                                Property owners wishing to speak to their proposed filing.

 

                        That a notice be filed against the titles of the properties 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.

 

                        (a) Lot 14, Section 14, Range 2, Plan VIP67829, Cedar District, 1866 Kirkstone Way, Electoral Area ‘A’, owned by T. Ryan and K. Schroder;

 

                        (b) Lot 1, Section 12, Range 2, Plan VIP76511, Cedar District, 2070 Grieve Road, Electoral Area ‘A’, owned by T. Davies and D. Bouchard;

 

                        (c) Lot 2, Section 4, Gabriola Island, Plan 16716, Nanaimo District except that part in Plan VIP52510, 1780 Stalker Road, Electoral Area ‘B’, owned by T. Upton and B. Plummer;

 

                        (d) Lot 2, District Lot 29, Plan VIP63647, Nanoose District and part of the Bed of the Strait of Georgia, 992 Lee Road, Electoral Area ‘G’, owned by A. Short.

 

                        ELECTIONS

 

                                                Mail in Ballots.  (All Directors – One Vote)

 

                        That the District continue to provide curb side voting at every voting place for electors with physical disabilities.

 

                        ENVIRONMENTAL SERVICES

 

                        LIQUID WASTE

 

                        Pump & Haul Local Service Area Amendment Bylaw No. 975.39 – Remora Place – Area E.  (All Directors – One Vote)

 

1. That the boundaries of the RDN Pump and Haul Local Service Area Bylaw 975 be amended to include Lot 12, DL 8, Plan 20762, Nanoose Land District. (Remora Place in Electoral Area E.)

 

2. That “Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.39, 2005” be read three times and forwarded to the Inspector of Municipalities for approval.

 

                        UTILITIES

 

                        French Creek Sewer Local Service Area Bylaw No. 813.34 and Northern Community Sewer Local Service Area Bylaw No. 889.34 – 808 Wembley Road – Area G.  (All Directors – One Vote)

 

1. That “Regional District of Nanaimo French Creek Sewer Local Service Area Amendment Bylaw No. 813.34, 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. 889.34, 2005” 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 June 16, 2005 be received for information.

 

                        (Parksville, Qualicum Beach, EA’s ‘E’, ‘F’, ‘G’ & ‘H’ – Weighted Vote)

 

                        That the recommendations in the 2005 Fees and Charges report be approved as follows:

 

1. That the program, admission and rental fees for Oceanside Place in 2005/06 be approved as outlined in Appendix A.

 

2. That the program, admission and rental fees for Ravensong Aquatic Centre in 2006 be approved as outlined in Appendix B.

 

3. That Recreation Coordination program fees and recovery rates, administration fee and revenue-sharing percentage ratio for Term Instructor (Companies) agreements for 2006 be approved as outlined in Appendix C.

 

                        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 15, 2005 be received for information.

 

                        Transit Business Plan Update Select Committee.  (All Directors – One Vote)

 

                        That the minutes of the Transit Business Plan Update Select Committee meeting held June 30, 2005 be received for information.

 

7.3              EXECUTIVE STANDING COMMITTEE

 

            7.4 COMMISSIONS

 

7.5 SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS

 

                        Electoral Area ‘A’ Recreation Services Study Project Advisory Committee.

 

108-109 Minutes from the Electoral Area ‘A’ Recreation Services Study Project Advisory Committee meeting held July 14, 2005.  (for information)

 

110-114            That the Regional District proceed to Phase III of the Recreation Services Study to conduct a referendum in November 2005 for the creation of a local recreation service function in Electoral Area ‘A’.

 

8.                  ADMINISTRATOR’S REPORTS

 

115-116 2005 Emergency Planning Program Funding Application.  (All Directors – One Vote)

 

117-121 Acceptance of 286 ha of Fee Simple Land for Community Park Use – Area B.  (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 242.2(1)(h) of the Local Government Act the Board proceed to an In Camera meeting to consider legal matters.