REGIONAL DISTRICT OF NANAIMO

 

REGULAR BOARD MEETING

TUESDAY, SEPTEMBER 22, 2009

7:00 PM

 

(RDN Board Chambers)

 

A G E N D A

 

 

 

PAGES

 

          1.           CALL TO ORDER

 

          2.           DELEGATIONS

 

9                            Jessica Reid, Earthbank Resource Systems, re Temporary Use Permit Applications No. 0901 & 0902 – Earthbank Resource Systems and Fern Road Consulting Ltd. – Area ‘G’.

 

          3.           BOARD MINUTES

 

10-16                      Minutes of the regular Board meeting held August 25, 2009 and the Special Board meeting held September 8, 2009.

 

          4.           BUSINESS ARISING FROM THE MINUTES

 

          5.           COMMUNICATIONS/CORRESPONDENCE

 

          6.           UNFINISHED BUSINESS

 

                        BYLAWS

 

                        For Adoption.

 

17-21                      Bylaw No. 500.344 – Amends the Land Use and Subdivision Bylaw (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                    That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.344, 2007”” be adopted.

 

                                    This bylaw rezones the subject property from Subdivision District `D' to Subdivision District `F' to facilitate a 2-lot subdivision with a maximum of one dwelling unit.

 


 

 

22-26                      Bylaw No. 500.347 – Amends the Land Use and Subdivision Bylaw (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                    That “Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.347, 2009” be adopted.

 

                                    This bylaw rezones the subject property from Subdivision District ‘B’ to Subdivision District ‘CC’ to facilitate a 2-lot subdivision.

 

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

 

          7.1         ELECTORAL AREA PLANNING STANDING COMMITTEE

 

27-29                      Minutes of the Electoral Area Planning Committee meeting held September 8, 2009. (for information)

 

                        PLANNING

 

                        DEVELOPMENT PERMIT APPLICATIONS

 

                              Development Permit Application No. 60927 - Cowen – 1435 Grieg Road - Electoral Area 'G'. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                    That Development Permit Application No. 60927, to permit the construction of two dwelling units on the property legally described as Strata Lot 2, District Lot 129, Nanoose District, Strata Plan VIS6121 Together with an Interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as shown on Form V, be approved subject to the conditions outlined in Schedules No. 1 to 4.

 

                              Development Permit Application No. 60919 - Fern Road Consulting Ltd. for Rothwell - 231, 235 & 241 Hilliers Road - Electoral Area 'G'. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                    That Development Permit Application No. 60919 submitted by Fern Road Consulting Ltd., on behalf of R. Rothwell, in conjunction with the subdivision on the parcel legally described as Lot 1, District Lots 91 and 42, Newcastle District and of District Lot 144, Nanoose District (situated in Newcastle District), Plan 13306, Except Part in Plan VIP59597 and designated within the Environmentally Sensitive Features Development Permit Area for aquifer protection pursuant to the “Electoral Area ‘G’ Official Community Plan Bylaw No. 1540, 2008”, be approved, subject to the conditions outlined in Schedules No. 1 and 2 of the corresponding staff report.

 


                              Development Permit Application No. 60933 - Mardaga - 3790 Mallard Place - Electoral Area 'E'. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                    That Development Permit Application No. 60933, to construct a dwelling unit and accessory building within the Environmentally Sensitive Features Development Permit Area pursuant to “Regional District of Nanaimo Nanoose Bay Official Community Plan Bylaw No. 1400, 2005”, for the property legally described as Lot 22, District Lot 78, Nanoose District, Plan 28595, be approved subject to the conditions outlined in Schedules No. 1 to 4.

 

                        DEVELOPMENT PERMIT WITH VARIANCE APPLICATIONS

 

                              Development Permit with Variance Application No. 60932 & Request for Frontage Relaxation - Judge - 1712 Vowels Road - Electoral Area 'A'. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                              Delegations wishing to speak to Development Permit with Variance Application No. 60932.

 

1.      That Development Permit with Variance Application No. 60932, submitted by Pauline Judge, in conjunction with the subdivision on the parcel legally described as Lot 3, Section 1, Range 7, Cranberry District, Plan 725 Except Part in Plans VIP69195 and VIP69231, located at 1712 Vowels Road and designated within the Fish Habitat Development Permit Area pursuant to the “Electoral Area ‘A’ OCP Bylaw No. 1240, 2001”, be approved subject to the conditions outlined in Schedule No. 1 of the corresponding staff report and the notification requirements pursuant to the Local Government Act with respect to the proposed variances outlined in Schedule No. 1.

 

2.      That the request for relaxation of the minimum 10% frontage requirement for proposed section 946 parcel in conjunction with the subdivision of the property, be approved.

 

                        DEVELOPMENT VARIANCE PERMIT APPLICATIONS

 

                              Development Variance Permit Application No. 90904 – Martindale & Collinge - 3150 Farrar Road - Electoral Area 'A'. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                              Delegations wishing to speak to Development Variance Permit Application No. 90904.

 

                                    That Development Variance Permit Application No. 90904, to permit the conversion of an existing agriculture building to a residential dwelling unit, and to legalize the siting of an existing equipment building, on the subject property legally described as Lot A, Section 6, Range 5, Cedar District, Plan 36559, Electoral Area ‘A’, be approved subject to the conditions outlined in Schedules No. 1 to 3 and the notification requirements of the Local Government Act.

 


 

 

                        OTHER

 

                              Request for Frontage Relaxation – Skelding - 6610 Doumont Road - Electoral Area 'C'. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                    That the request for relaxation of the minimum 10% frontage requirement in conjunction with the two lot subdivision of the property legally described as That Part of Lot 1, District Lot 35, Wellington District, Plan 3225, Lying Northerly of a Line Drawn Parallel to and Perpendicularly Distant 2.645 Chains Northerly From the Southerly Boundary of Said Lot, be approved.

 

                              Temporary Use Permit Applications No. 0901 & 0902 – Earthbank Resource Systems and Fern Road Consulting Ltd. for Fritzsche and Wenngatz – Corner of Hodge’s and Fritzsche Roads – Area ‘G’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

1.      That the notes from the Public Information Meeting held on July 6, 2009 be received.

 

2.      That Temporary Use Permit Applications No. 0901 and No. 0902, submitted by Earthbank Resources Systems Ltd. and Fern Road Consulting Ltd. on behalf of Irene Wenngatz and Volkhard Fritzsche, for the properties legally described as District Lot 19, Nanoose District, Except That Part in Plan 13475; and Lot C, District Lot 26, Nanoose District, Plan VIP80909, to permit a commercial composting operation and accessory retail sales be approved, subject to the conditions of permit outlined in Schedule No. 1, and subject to comments received as a result of the notification requirements pursuant to the Local Government Act.

 

                              Building Strata Conversion Application – Fern Road Consulting Ltd. for Medd – 1057 & 1065 Page Road – Electoral Area ‘G’. (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                    That the request from Fern Road Consulting Ltd., on behalf of Andrew John Medd for the building strata conversion as shown on the Proposed Strata Plan as Lot D, District Lot 78, Newcastle District, Plan VIP54784, be approved subject to the conditions being met as set out in Schedules No. 1 and 2 of the corresponding staff report.

 

          7.2         COMMITTEE OF THE WHOLE STANDING COMMITTEE

 

30-33                      Minutes of the Committee of the Whole meeting held September 8, 2009. (for information)

 


                        COMMUNICATIONS/CORRESPONDENCE

 

                              Lawrence Hawkes, Whiskey Creek Water District, re Request to Convert the Water District to an RDN Service Area. (All Directors – One Vote)

 

                                    That the correspondence from the Whiskey Creek Water District requesting the conversion of the existing private water system to a Regional District service area, be received.

 

                              Aimee Greenaway, Extension Heritage Committee, re Request to Officially Name Area ‘C’ Community Park C-13 the Extension Miners Community Park. (All Directors – One Vote)

 

                                    That the correspondence from the Extension Heritage Committee, requesting the re-naming of the Area ‘C’ Community Park C-13 to the Extension Miners Community Park, be received.

 

                        FINANCE AND INFORMATION SERVICES

 

                        FINANCE

 

                              Operating Results for the Period Ending June 30, 2009. (All Directors – One Vote)

 

                                    That the summary report of financial results from operations to June 30, 2009 be received for information.

 

                        INFORMATION

 

                              Wireless Network Feasibility Analysis. (All Directors – One Vote)

 

                                    That the Wireless Network Feasibility report be received for information.

 

                        DEVELOPMENT SERVICES

 

                        BUILDING & BYLAW

 

                              Property Maintenance Contravention – 1109 Island Highway West – Area ‘G’. (All Directors – One Vote)

 

                              Delegations wishing to speak to Property Maintenance Contravention at 1109 Island Highway West – Area ‘G’.

 

                                    That should the property maintenance concerns not be rectified by September 22, 2009, pursuant to the “Unsightly Premises Regulatory Bylaw No. 1073, 1996”, the Board directs the owner of the above-noted property to remove from the premises those items as set out in the attached resolution within fourteen (14) days; or the work will be undertaken by the Regional District’s agents at the owner(s)’ cost.

 

                              Building Inspection Service Funding.

 

                                    (Electoral Area Directors - Weighted Vote)

 

1.      That staff be directed to examine a combined approach of increased tax requisition, fees and charges to cover the full costs of building inspection.

 

                                    (All Directors – One Vote)

 

2.      That staff be directed to schedule a Board seminar to present options for consideration by the Board for the 2010 annual budget and financial plan.

 

3.      That staff review alternatives to building inspection in non-building inspection areas as part of the Board seminar preparation.

 

                        EMERGENCY PLANNING

 

                              Emergency Planning Service - Select Committee Establishment. (All Directors – One Vote)

 

                                    That the Board approve the establishment of the Emergency Management Select Committee with the Terms of Reference attached to the staff report.

 

                        TRANSPORTATION AND SOLID WASTE SERVICES

 

                        SOLID WASTE

 

                              Solid Waste Management Service - BC SPCA Request to Waive Tipping Fees. (All Directors – One Vote)

 

                                    That the Board deny the disposal fee waiver request made by the Parksville-Qualicum branch of the BC SPCA.

 

                        WATER AND WASTEWATER SERVICES

 

                        WASTEWATER

 

                              Bylaw 975.51 - Amends the Pump & Haul Service Establishment Bylaw by Reducing the Service Area Boundaries to Exclude an Area ‘E’ Property. (All Directors – One Vote)

 

1.      That the boundaries of the RDN Pump and Haul Local Service Area Bylaw No. 975 be amended to exclude the property legally described as Lot 5, District Lot 78, Plan 25366, Nanoose District (2397 Arbutus Crescent, Electoral Area ‘E’).

 

2.      That “Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.51, 2009” be introduced and read three times.

 


                        BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

 

                              Whiskey Creek Water District Request to Convert Water District to RDN Service Area. (All Directors – One Vote)

 

                                    That staff be directed to prepare a report on the feasibility of converting the Whiskey Creek Water District to a Regional District service area.

 

                              Request for Electoral Area ‘C’ Community Park Name Change. (All Directors – One Vote)

 

                                    That the Area ‘C’ community park C-13 (commonly referred to as Extension Community Park or Scannel Creek Park) be officially named Extension Miners Community Park.

 

                        NEW BUSINESS

 

                              Green’s Landing - Wharf. (All Directors – One Vote)

 

                                    That staff be directed to prepare a report on the costs and any other aspects that would be associated with taking over the operation and maintenance of a wharf at Green’s Landing on Gabriola Island.

 

                              Application for Coal Mining Operations. (All Directors – One Vote)

 

                                    That staff prepare a letter to the proponent of a mining licensing application for an area adjacent to the boundaries of Electoral Area ‘H’, and to the Ministry of Energy, Mines and Petroleum Resources identifying the potential for impact on Electoral Area ‘H’ and requesting that the community have the opportunity to provide input into the application process prior to public consultation.

 

          7.3         EXECUTIVE STANDING COMMITTEE

 

                              From the Executive Committee meeting held September 16, 2009.

 

34-38                      BC Hydro Energy Management Program.

 

                                    (All Directors – One Vote)

 

1.      That the Board apply to BC Hydro for funding under the Energy Management Program for the establishment of a Manager of Energy and Sustainability position with an implementation date of October 2009.

 

                                    (All Directors - Weighted Vote)

 

2.      That the Strategic Community Investment Funds of $40,780 currently in the Regional Growth Strategies Budget be transferred to the 2010 General Administration Budget to be used towards funding the Manager of Energy and Sustainability position.

 

          7.4         COMMISSIONS

 

          7.5         SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS

 

          8.           ADMINISTRATOR’S REPORTS

 

39-41                      Southern Community Sewer Service – Contract Awards for the Greater Nanaimo Pollution Control Centre Cogeneration Project. (All Directors – Weighted Vote)

 

42-45                      Northern Community Sewer Service – Tender Award for the French Creek Pollution Control Centre Upgrade & Replacement Project and Development Cost Charge Reserve Fund Expenditure Bylaw No. 1581. (All Directors – Weighted Vote; Parksville, Qualicum Beach, EAs ‘E’, ‘F’, ‘G’& ‘H’ – Weighted Vote)

 

46-48                      Vancouver Island University Request for Special Event Busing. (Nanaimo, Lantzville, EAs ‘A’, ‘C’ – Weighted 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) (c), (e), and (g) of the Community Charter the Board proceed to an In Camera meeting to consider items related to personnel, land and legal issues.