REGIONAL DISTRICT OF NANAIMO

 

BOARD MEETING

TUESDAY, SEPTEMBER 20, 2005

7:00 PM

 

(RDN Board Chambers)

 

 

A G E N D A

 

PAGES

 

1.                  CALL TO ORDER

 

            2.         DELEGATIONS

 

11                                Michael Procter, re Development Permit Application No. 60542 – Proctor & Kruse/Fern Road Consulting – 6435 & 6445 West Island Highway – Area H.

 

            3.         BOARD MINUTES

 

12-26                           Minutes of the regular Board meeting held on August 23, 2005.

 

            4.         BUSINESS ARISING FROM THE MINUTES

 

5.                  COMMUNICATIONS/CORRESPONDENCE

 

27-29                           Colin Haime, District of Lantzville, re District of Lantzville OCP.

 

            6.         UNFINISHED BUSINESS

 

                                    BYLAWS

 

                                    For Adoption.

 

30-31                           Bylaw No. 500.318 – Land Use and Subdivision Amendment Bylaw – Horne Lake Regional Park – Area H.  (All Directors – One Vote)

 

                                    Bylaw No. 1439 - Extension Fire Protection Service Conversion and Boundary Amendment Bylaw.  (All Directors – One Vote)

 

                                    Bylaw No. 1440 - Nanaimo River Fire Protection Service Area Establishment Bylaw.  (All Directors – One Vote)

 

                                    Bylaw No. 1441 - Nanaimo River Fire Protection Service Area Loan Authorization Bylaw.  (All Directors – Weighted Vote)

 

                                    Bylaw No. 1444 – Extension Fire Protection Service Area Capital Charge Bylaw.  (All Directors – One Vote)

 

                                    Second Reading.

 

32-87                           Bylaw No. 500.324 - Land Use and Subdivision Bylaw Amendment – Nanoose Bay Official Community Plan Implementation – Area E.  (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

 

88-91                           Minutes of the Electoral Area Planning Committee meeting held September 13, 2005.  (for information)

 

                        PLANNING

 

                        AMENDMENT APPLICATIONS

 

                             Zoning Amendment Application No. ZA0501 – Keith Brown & Associates, on behalf of Nanaimo Mini Storage – 2180 South Wellington Road – Area A.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

1.   That Zoning Amendment Application No. ZA0501 to rezone the property legally described as Lot A, Section 11, Range 7, Cranberry District, Plan VIP76453 from Residential 2 Subdivision District ‘F’ (RS2F) / Industrial 1 Subdivision District ‘M’ to Comprehensive Development 28 (CD28) to allow the industrial use of the property, be approved to proceed to Public Hearing subject to the conditions identified in Schedule 1.

 

2.   That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.327, 2005” be given 1st and 2nd reading.

 

3.   That the Public Hearing on “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.327, 2005” be delegated to Director Kreiberg or his alternate.

 

                             Zoning Amendment Application No. ZA0509 – Oceanside Forest Products Ltd./Keith Brown Associates Ltd. – 1429 Springhill Road – Area F.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

1.   That “Regional District of Nanaimo Electoral Area ‘F’ Zoning and Subdivision Bylaw Amendment Bylaw No. 1285.08, 2005” be given 1st and 2nd reading, subject to the Conditions of Approval outlined in Schedule No. 1.

 

2.   That “Regional District of Nanaimo Electoral Area ‘F’ Zoning and Subdivision Bylaw Amendment Bylaw No. 1285.08, 2005” proceed to Public Hearing.

 

3.   That the Public Hearing on “Regional District of Nanaimo Electoral Area ‘F’ Zoning and Subdivision Bylaw Amendment Bylaw No. 1285.08. 2005” be delegated to Director Biggemann or his alternate.

 

                        DEVELOPMENT PERMIT APPLICATIONS

 

                             Development Permit Application No. 60536 – McCaul and Farrell/Allen – 927 McFeely Drive – Area G.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                             Delegations wishing to speak to Development Permit Application No. 60536.

 

                                   That Development Permit Application No. 60536 with a variance to the maximum dwelling unit height from 8.0 metres to 8.6 metres to facilitate the construction of a dwelling unit and attached garage at 927 McFeely Drive 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. 60538 – North Wind Development – 615 Viking Way – Area G.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                             Delegations wishing to speak to Development Permit Application No. 60538.

 

                                   That Development Permit Application No. 60538, with a request to vary the front lot line setback requirement from 8.0 metres to 5.1 metres in order to permit the construction of a dwelling unit at 615 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. 60542 – Proctor & Kruse/Fern Road Consulting – 6435 & 6445 West Island Highway – Area H.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                             Delegations wishing to speak to Development Permit Application No. 60542.

 

                                   That Development Permit Application No. 60542 with variances to the side and other lot line setbacks to legalize the siting of an existing shed/carport and to facilitate the subdivision of the lands at 6435 and 6445 West Island Highway 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 VARIANCE PERMIT APPLICATIONS

 

                             Development Variance Permit Application No. 90516 – NCID/Johnston – 2100 Yellow Point Road – Area A.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                             Delegations wishing to speak to Development Variance Permit Application No. 90516.

 

                                   That Development Variance Permit Application No. 90516 to vary Section 3.4.117.2 of “Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987” to increase the maximum building height from 10.0 metres to 11.2 metres, for the North Cedar Improvement District’s fire hall and administrative offices at 2100 Yellow Point Road according to the terms outlined in Schedule No. 1, be approved subject to the Board’s consideration of comments received as a result of public notification pursuant to the Local Government Act.

 

                             Development Variance Permit Application No. 90517 – AJA Tan Enterprises Ltd. – Blackbeard Drive & Maple Guard Drive – Area H.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                             Delegations wishing to speak to Development Variance Permit Application No. 90517.

 

                                   That Development Variance Permit Application No. 90517 to relax the minimum setback to a top of slope greater than 5% adjacent to a watercourse from 9.0 metres to 3.0 metres to establish a building envelope to facilitate the siting of a dwelling unit 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.

 

                        OTHER

 

                             Request for a Board Resolution for a Patron Participation Entertainment Endorsement for the Juniper Café – 2930 Trans Canada Highway – Area A.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                   That the Board of the Regional District of Nanaimo pass the resolution attached as Schedule No. 1 to permit patron participation entertainment at the Juniper Café subject to consideration of the comments received as a result of public notification.

 

                             Minimum Parcel Size Amendment to Bylaw No. 500 for Subdivisions Pursuant to Section 946 of the Local Government Act – Areas A, C, D, E, G & H.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

1.     That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.320, 2005”, as amended, be given 1st and 2nd reading.

 

2.     That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.320, 2005” be approved to proceed to Public Hearing.

 

3.     That the Public Hearing for proposed Amendment Bylaw No. 500.320, 2005 be delegated to Director Joe Stanhope as a representative of the Board.

 

                             Request to Reconsider the Location of Park Land Dedication – Timberlake–Jones Engineering Ltd. on behalf of Timberstone Development – Northwest Bay Road – Area E.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

1.     That the Board Resolution concerning the acceptance of park land adopted at the Regular Board Meeting held on October 26, 2004 be rescinded.

 

2.     That the reconfigured park land proposal submitted by Timberlake-Jones Engineering Ltd., on behalf of Timberstone Development 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

 

92-97                           Minutes of the Committee of the Whole meeting held September 13, 2005. (for information)

 

                        COMMUNITY SERVICES

 

                        EMERGENCY PLANNING

 

                              Landslide Compensation – Disaster Financial Assistance.  (All Directors – One Vote)

 

                                   That the report on landslide compensation be received for information.

 

                        RECREATION AND PARKS

 

                              Recreation Facilities and Sports Fields Services Agreements.  (All Directors – Weighted Vote)

 

1.     That the District 68 Sports Field and Recreation Services Agreement for 2006-2010 be approved with the usage data for District 68 ice arenas to be based on team registration statistics and with the usage survey to be conducted in the final year of the Agreement’s term to establish cost sharing for the following agreement term.

 

2.     That the District 69 Sports Field Services Agreement for 2006-2010 be approved, with the usage survey to be conducted in the final year of the Agreement’s term to establish cost sharing for the following agreement term.

 

                              Electoral Area ‘A’ Recreation & Culture Service Establishing Bylaw No. 1467.  (All Directors – One Vote)

 

1.     That “Electoral Area ‘A’ Recreation and Culture Service Establishing Bylaw No. 1467, 2005” be introduced for first three readings and be forwarded to the Inspector of Municipalities for approval.

 

2.     That the Regional District proceed to referendum on November 19, 2005 to obtain the assent of the electors of Electoral Area ‘A’ to establish a local recreation and culture service and that the referendum question be as follows:

 

      Are you in favour of adoption of “Electoral Area ‘A’ Recreation and Culture Service Establishment Bylaw No. 1467, 2005” which would establish a service for the purpose of providing recreation and culture services and acquiring, constructing and operating recreation and culture facilities in Electoral Area ‘A’ with a property tax requisition calculated as the greater of $96,750 or an amount equal to $0.15 per $1,000 times the net taxable values for land and improvements in Electoral Area ‘A’.

 

                              Cedar Heritage Centre Lease Renewal.  (All Directors – Weighted Vote)

 

                                    That the lease agreement between the Cedar School and Community Enhancement Society and the Regional District of Nanaimo for the use of the Cedar Heritage Centre for a five year term expiring on October 3, 2010 be approved.

 

                        CORPORATE AND COMMUNITY DEVELOPMENT

 

                        FINANCE

 

                              2006 to 2011 Financial Plan Review Schedule.  (All Directors – One Vote)

 

                                   That the Board approve the 2006 to 2011 financial plan review schedule as amended to change the review of the 2006 to 2011 Financial Plan to Tuesday, October 18th.

 

                        FIRE DEPARTMENTS

 

                              Firefighting Vehicle Financing for Extension Fire Department.  (All Directors – Weighted Vote)

 

1.     That “Extension Fire Protection Reserve Fund Expenditure Bylaw No. 1470, 2005” be introduced for first three readings.

 

(All Directors – 2/3 Vote)

 

2.     That “Extension Fire Protection Reserve Fund Expenditure Bylaw No. 1470, 2005” having received three readings be adopted.

 

(All Directors – Weighted Vote)

 

3.     That the Manager, Financial Services be authorized to enter into a lease agreement with the Municipal Finance Authority on behalf of the Extension Fire Department for a two year period, to complete the financing for a firefighting vehicle.

 

                              Renewal of Fire Protection Service Agreement with the Extension and District Volunteer Fire Department.  (All Directors – Weighted Vote)

 

                                   That the fire services agreement with the Extension and District Volunteer Fire Department be renewed for a five year term from December 1, 2005 to December 31, 2010 and that the agreement provide for automatic five year term renewals.

 

                              Coombs-Hilliers Fire Protection Local Service Area Boundary Amendment Bylaw No. 1022.05 and Errington Fire Protection Local Service Area Boundary Amendment Bylaw No. 821.05.  (All Directors – One Vote)

 

1.   That “Coombs-Hilliers Fire Protection Local Service Area Boundary Amendment Bylaw No. 1022.05, 2005” be introduced for three readings and be forwarded to the Ministry of Community Services for approval.

 

2.   That “Errington Fire Protection Local Service Area Boundary Amendment Bylaw No. 821.05, 2005” be introduced for three readings and be forwarded to the Ministry of Community Services for approval.

 

                        ENVIRONMENTAL SERVICES

 

                        LIQUID WASTE

 

                              ISO 14001 Environmental Management System Registration.  (All Directors – One Vote)

 

                                   That the report on the Liquid Waste Department’s ISO 14001 Environmental Management System be received.

 

                                   That the Manager and staff of the Liquid Waste Department be commended on the ISO 14001 Registration accomplishment.

 

                              Pump and Haul Local Service Area Amendment Bylaw No. 975.40 – Blackbeard and Maple Guard Drives – Area H.  (All Directors – One Vote)

 

1.     That the boundaries of the RDN Pump and Haul Local Service Area Bylaw 975 be amended to include Lot 1, District Lot 40, Newcastle District, Plan 16121. (Blackbeard and Maple Guard Drives in Electoral Area H).

 

2.     That “Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.40, 2005” be read three times and forwarded to the Inspector of Municipalities for approval.

 

                        UTILITIES

 

                              Drinking Water/Watershed Protection Strategy.

 

                              (All Directors – One Vote)

 

1.     That the Drinking Water/Watershed Protection Strategy report be received for information.

 

(All Directors – One Vote)

 

2.     That the Board approve first year funding (2006) of up to $110,000 from the New Deal for Cities and Communities program.

 

(All Directors – One Vote)

 

3.     That the Board approve the establishment of a Drinking Water/Watershed Protection Stewardship Committee and direct staff to develop a Terms of Reference and proposed membership for that committee for Board consideration.

 

                              Rural Streetlighting Local Service Area Boundary Amendment Bylaw No. 791.11 – Admiral Tryon Boulevard – Area G.  (All Directors – One Vote)

 

                              1.   That part of Admiral Tryon Boulevard (VIP62528), be included into the Rural Streetlighting Local Service Area.

 

                              2.   That “Rural Streetlighting Local Service Area Boundary Amendment Bylaw No. 791.11, 2005” be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

 

                              Water User Rate Amendments – Bylaws No. 1468, 619.11, 700.12, 1097.07, 1172.05 and 1383.02.  (All Directors – One Vote)

 

                                    That this item be referred back to staff for further review.

 

                              Property Inclusion into the French Creek Water, Sewer and Streetlighting Local Service Areas – Bylaws No. 813.35, 889.36, 874.06, 1050.03 and 909.01 – Drew Road – Area G.  (All Directors – One Vote)

 

1.     That community water and community sewer services be provided to Rem. Lot 1, DL 27, Nanoose Land District, Plan 30012 pursuant to Regional Growth Strategy Policy 7B.

 

2.     That the full costs of the service provisions be paid by the property owners.

 

3.     That “French Creek Sewer Local Service Area Amendment Bylaw No. 813.35, 2005” be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

 

4.     That “Northern Community Sewer Local Service Area Amendment Bylaw No/ 889.36, 2005” be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

 

5.     That “French Creek Water Local Service Area Amendment Bylaw No. 874.06, 2005” be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

 

6.     That “French Creek Bulk Water Supply Local Service Area Amendment Bylaw No. 1050.03, 2005” be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

 

7.     That “Sandpiper Streetlighting Local Service Area Amendment Bylaw No. 909.01, 2005” be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

 

                              Northern Community Sewer Service Area Boundary Amendment Bylaw No. 889.37 – Barclay Crescent Sewer Service Area.  (All Directors – One Vote)

 

                                   That “Northern Community Sewer Service Area Boundary Amendment Bylaw No. 889.37, 2005” be introduced for first three readings and be forwarded to the Ministry of Community Services for approval.

 

                              French Creek Bulk Water Supply Local Service Area Boundary Amendment Bylaw No. 1050.04 and Sandpiper Streetlighting Local Service Area Boundary Amendment Bylaw No. 909.02 – to Exclude Properties Incorporated into the Town of Qualicum Beach.  (All Directors – One Vote)

 

1.     That “French Creek Bulk Water Supply Local Service Area Boundary Amendment Bylaw No. 1050.04, 2005” be introduced for first three readings and be forwarded to the Ministry of Community Services for approval.

 

2.     That “Sandpiper Streetlighting Local Service Area Boundary Amendment Bylaw No. 909.02, 2005” be introduced for first three readings and be forwarded to the Ministry of Community Services for approval.

 

                        COMMISSION, ADVISORY & SELECT COMMITTEE

 

                              Electoral Area ‘A’ Recreation Services Study Project Advisory Committee.  (All Directors – One Vote)

 

                                   That the minutes of the Electoral Area ‘A’ Recreation Services Study Project Advisory Committee meeting held August 16, 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 August 22, 2005 be received for information.

 

                              Area ‘H’ Parks and Open Space Advisory Committee.  (All Directors – One Vote)

 

                                   That the minutes of the Area ‘H’ Parks and Open Space Advisory Committee meeting held June 6, 2005 be received for information.

 

                        BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

 

                                   That staff prepare a report on the request by the delegation for a home based business on the property legally described as Lot 21, District Lot 78, Plan VIP68559, Nanoose District.

 

7.3              EXECUTIVE STANDING COMMITTEE

 

            7.4       COMMISSIONS

 

7.5       SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS

 

8.                  ADMINISTRATOR’S REPORTS

 

98-120                         Regional Context Statement for the District of Lantzville OCP.  (All Directors – One Vote)

 

                                    Regional Parks.  (All Directors – One Vote) (Report to be circulated)

 

                                    Drinking Water/Watershed Protection Strategy Establishing Bylaw 1471.  (All Directors – One Vote)  (Report to be circulated)

 

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.