REGIONAL DISTRICT OF NANAIMO

BOARD MEETING

TUESDAY, MAY 11, 2004

7:00 PM

(RDN Board Chambers)

A G E N D A

PAGES

1. CALL TO ORDER

2. DELEGATIONS

3. BOARD MINUTES

10-19 Minutes of the Board meeting held on April 13, 2004

4. BUSINESS ARISING FROM THE MINUTES

5. COMMUNICATIONS/CORRESPONDENCE

20 Deana Grinnell, Planning Institute of BC, re 2004 PIBC Awards of Excellence.

21 Murray Hamilton, Horne Lake Recreation Management Ltd., re Development Permit Application No. 60414 – Bales – 2632 East Side Road – Area H.

6. UNFINISHED BUSINESS

BYLAWS

For Adoption.

Bylaw No. 1096.02 – Decourcey Water Supply Service Area Requisition Limit - Area A. (All Directors – One Vote)

22-26 Bylaw No. 500.298 – Land Use & Subdivision Bylaw Amendment. – Slocombe – Parker Way & Ted’s Road – Area E. (Electoral Area Directors except EA ‘B’ – One Vote)

Public Hearing.

27-32 Bylaw No. 500.299 - Report of the Public Hearing held April 28, 2004 with respect to Land Use & Subdivision Amendment Bylaw – WR Colclough on behalf of BCBC – 1329 Kipp Road – Area A. (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

33-36 Minutes of the Electoral Area Planning Committee meeting held April 27, 2004. (for information)

COMMUNICATIONS/CORRESPONDENCE

37-41 Kathy Minard & Fred Karlzen, re Difference of Boundary Effecting Properties: Parcel A (DD387518-1) of Lot 2, Salvation Army Lots, Plan 1115, Nanoose District and Parcel B (DD26358-W) of Lot 2, Salvation Army Lots, Plan 1115, Nanoose District – Area F. (Electoral Area Directors except EA ‘B’ – One Vote)

That the correspondence from Kathy Minard and Fred Karlzen with respect to a difference in the commercial/multi-residential zoning boundaries effecting their individual properties, be received.

David Bowie, re DP Application No. 60407 – Heck – 1885 & 1879 Widgeon Road – Area H. (Electoral Area Directors except EA ‘B’ – One Vote)

That the correspondence from David Bowie with respect to Development Permit Application No. 60407 be received for information.

Scott Keenlyside, Eaglestar Golf Inc., re DP Application No. 60416 – Fairway Pointe Properties Ltd. (Quail’s Landing) – 730 Barclay Crescent – Area G. (Electoral Area Directors except EA ‘B’ – One Vote)

That the correspondence from Eaglestar Golf Inc. with respect to Development Permit Application No. 60416 be received for information.

Nick Vandermolen, Ministry of Transportation, re DP Application No. 60416 – Fairway Pointe Properties Ltd. (Quail’s Landing) – 730 Barclay Crescent – Area G. (Electoral Area Directors except EA ‘B’ – One Vote)

That the correspondence from the Ministry of Transportation with respect to Development Permit Application No. 60416 be received for information.

PLANNING

DEVELOPMENT PERMIT APPLICATIONS

Development Permit Application No. 60407 – Heck – 1885 & 1879 Widgeon Road – Area H. (Electoral Area Directors except EA ‘B’ – One Vote)

Delegations wishing to speak to DP Application No. 60407.

That Development Permit Application No. 60407, submitted by the applicants Brian and Camilla Heck to permit the construction of a gazebo and attached deck within the Hazard Lands Development Permit Area on the subject property legally described as Strata Lot 1, District Lot 89, Newcastle District, Strata Plan 1253, Together with an Interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as Shown on Form 1 be approved, subject to the Conditions of Approval outlined in Schedules No. 1, 2 and 3.

Development Permit Application No. 60412 – Davies – 3855 Charleton Drive – Area H. (Electoral Area Directors except EA ‘B’ – One Vote)

Delegations wishing to speak to DP Application No. 60412.

That Development Permit Application No. 60412 submitted by Keith Davies to permit land alteration works within the 30.0 metre watercourse protection development permit area that consist of removing organic and non-organic debris, and vegetation from a man made depression and then filling the depression with clean pit run, soils and native and non-native vegetation on the property legally described as Lot 10, District Lot 22, Newcastle District, Plan 30558, be approved subject to the requirements outlined in Schedule Nos. 1, 2 and 3.

Development Permit Application No. 60414 – Bales – 2632 East Side Road – Area H. (Electoral Area Directors except EA ‘B’ – One Vote)

Delegations wishing to speak to DP Application No. 60414.

That Development Permit Application No. 60414, submitted by the property owners Donald Bales and Elizabeth Bales for the subject property legally described as Strata Lot 284, District Lot 251, Alberni District, Strata Plan VIS5160, Together with an Interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as Shown on Form V requesting to relax the minimum setback requirements from the top of bank of the watercourse that is located on adjacent common property from 15.0 metres to 3.7 metres in order to facilitate the raising of an existing cabin which is proposed to include the partial demolition of a portion of the existing cabin and the construction of main floor and loft addition and the legalization of the siting of an existing shed 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.

Development Permit No. 60415 – Morton – 2870 Sunset Terrace – Area H. (Electoral Area Directors except EA ‘B’ – One Vote)

Delegations wishing to speak to DP Application No. 60415.

That Development Permit Application No. 60415, submitted by the property owners Tod Morton and Veronica Morton for the subject property legally described as Strata Lot 226, District Lot 251, Alberni District, Strata Plan VIS5160, Together with an Interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as Shown on Form V requesting to relax the maximum height requirements from 3.0 metres to 3.84 metres in order to accommodate the construction of a new 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.

Development Permit Application No. 60416 – Fairway Pointe Properties Ltd. (Quail’s Landing) 730 Barclay Crescent – Area G. (Electoral Area Directors except EA ‘B’ – One Vote)

Delegations wishing to speak to DP Application No. 60416.

That Development Permit No. 60416, submitted by Fairway Pointe Properties Ltd. (Quail’s Landing) for the property legally described as Lot 1, District Lot 126, Nanoose District, Plan VIP76030, be approved subject to the conditions outlined in Schedules No. 1 and 2 of the corresponding staff report and the notification procedure subject to the Local Government Act with respect to the proposed variances.

Development Permit Application No. 60417 – Zychlinski (Quality Foods) – 2443 Collins Crescent – Area E. (Electoral Area Directors except EA ‘B’ – One Vote)

Delegations wishing to speak to DP Application No. 60417.

That Development Permit Application No. 60417 submitted by Ken Bowerman of Quality Foods Ltd. on behalf of Hans Zychlinski and Irmgard Zychlinski with a variance to relax the minimum other lot line setback requirement from 5.0 metres to 1.7 metres for the property legally described as Lot 1, District Lot 6, Nanoose District, Plan VIP55964 to facilitate the addition of two prefabricated coolers to an existing supermarket, be approved subject to Schedules No. 1, 2 and 3 and the notification requirements pursuant to the Local Government Act.

Amendment to DP Application No. 9713 – B & W Land Corporation – Roberton Boulevard – Area G. (Electoral Area Directors except EA ‘B’ – One Vote)

Delegations wishing to speak to DP Application No. 9713.

That the request to modify Development Permit No. 9713 in association with the property legally described as Lot C, District Lots 29 and 126, Nanoose District, Plan 49145 with Exceptions, by changing the approving triplex in Phase 10 to a duplex in Phase 10, be approved.

DEVELOPMENT VARIANCE PERMIT APPLICATIONS

DVP Application No. 90408 – Heung – 2023 Seahaven Road – Area E. (Electoral Area Directors except EA ‘B’ – One Vote)

Delegations wishing to speak to DVP Application No. 90408.

That Development Variance Permit Application No. 90408, submitted by Terry and Raymond Heung, to facilitate the development of a two storey dwelling unit and vary the maximum permitted dwelling unit height within the Residential 1 zone from 8.0 metres to 8.82 metres for the property legally described as Lot C, District Lot 51, Nanoose Land District, Plan 9915, be approved as submitted subject to Schedules No. 1, 2 and 3 and subject to the notification procedures pursuant to the Local Government Act.

OTHER

Request for Relaxation of the Minimum 10% Perimeter Requirement – WR Hutchinson, BCLS on Behalf of DJ & ML Carr – 5735 Takala Road – Area C. (Electoral Area Directors except EA ‘B’ – One Vote)

That the request from WR Hutchinson, BCLS, on behalf of JD and ML Carr, to relax the minimum 10% frontage requirement for proposed Lots 1 and the Remainder of Lot A, as shown on the plan of subdivision of Lot A, District Lot 19, Bright District, Plan VIP58785, be approved subject to Schedules No. 1 and 2.

BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

Electoral Area F Land Use and Subdivision Bylaw. (Electoral Area Directors except EA ‘B’ – One Vote)

That staff be directed to bring forward a proposed amendment to Electoral Area F Land Use and Subdivision Bylaw to amend the zoning boundary for the properties legally described as Parcel A and Parcel B of Lot 2, Salvation Army Lots, Plan 1115, Nanoose District, as requested in the delegation by Kathy Minard and Fred Karlzen.

7.2 COMMITTEE OF THE WHOLE STANDING COMMITTEE

42-48 Minutes of the regular Committee of the Whole meeting held April 27, 2004. (for information)

COMMUNITY SERVICES

RECREATION & PARKS

Regional Parks Plan Review – Terms of Reference. (All Directors – One Vote)

1. That the Terms of Reference for the Regional Parks Plan Review be approved; and

2. That staff be directed to issue a Request for Proposal for a Project Consultant for the Review; and

3. That two Electoral Area Directors and one Municipal Director be appointed by the Chairperson to participate as members of the Regional Parks Plan Review Select Committee.

Application to Ministry of Transportation to Develop the El Verano Beach Access – Area B. (All Directors – One Vote)

That the Regional District apply to the Ministry of Transportation for a permit to develop and use the El Verano beach access in Electoral Area ‘B’.

CORPORATE SERVICES

FINANCE

Reserve Fund Bylaw Approvals – Administration Computer Equipment Reserve Fund Expenditure Bylaw; Northern Community Sewer LSA Development Cost Charge Reserve Fund Expenditure Bylaw; School District 68 E-911 Reserve Fund Establishment Bylaw No. 1380.

(All Directors – Weighted Vote)

1. That “Administration Computer Equipment (2004) Reserve Fund Expenditure Bylaw No. 1377, 2004” be introduced for first three readings.

(All Directors – 2/3)

2. That “Administration Computer Equipment (2004) Reserve Fund Equipment Bylaw No. 1377, 2004” having received three readings be adopted.

(All Directors – Weighted Vote)

3. That “Northern Community Sewer Local Service Area Development Cost Charge Reserve Fund Expenditure Bylaw No. 1379, 2004” be introduced for first three readings.

(All Directors – 2/3)

4. That “Northern Community Sewer Local Service Area Development Cost Charge Reserve Fund Expenditure Bylaw No. 1379, 2004” having received three readings be adopted.

(All Directors – Weighted Vote)

5. That “School District 68 E-911 Reserve Fund Establishment Bylaw No. 1380, 2004” be introduced for first three readings.

(All Directors – 2/3)

6. That “School District 68 E-911 Reserve Fund Establishment Bylaw No. 1380, 2004” having received three readings be adopted.

Operating Results to March 31, 2004. (All Directors – One Vote)

That the summary report of financial results from operations to March 31, 2004 be received for information.

Accounting Treatment of Liability Insurance Premiums. (All Directors – One Vote)

That the report on accounting treatment of liability insurance premiums be received for information.

Initiative to Request Wireless Telephone Providers to Collect 911 Levy for Local Government Call Answer Center. (Electoral Areas ‘A’, ‘B’, ‘C’, ‘D’, Lantzville – Weighted Vote)

That correspondence in the form attached to the staff report be forwarded to the three wireless service providers, Telus Mobility, Bell Mobility and Rogers Wireless, seeking their cooperation in acting as a collection agent for the 911 call answer levy in a manner consistent with the collection agreement in place with Telus as a landline service provider.

DEVELOPMENT SERVICES

BYLAW ENFORCEMENT

Request to Amend Liquor – Primary License for Morningstar Golf Club – 525 Lowry’s Road – Area G. (All Directors – One Vote)

That the application for a structural change to the current liquor-primary license for the Morningstar Golf Club located at 525 Lowry’s Road and legally described as Lot A, District Lots 81 and 126, Nanoose District, Plan 49145, With Exceptions, to allow the reallocation of seating to permit liquor-primary license on the recently constructed outdoor deck, be supported.

ENVIRONMENTAL SERVICES

LIQUID WASTE

Pump and Haul Local Service Area Bylaw No. 975.34 – 653 South Road – Area B. (All Directors – One Vote)

1. That the boundaries of the RDN Pump and Haul Local Service Area Bylaw 975 be amended to include Lot 75, Section 13, Gabriola Island, Nanaimo District, Plan 21531, 653 South Road, Gabriola Island, Area B.

2. That “Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.34, 2004” be read three times and forwarded to the Inspector of Municipalities for approval.

Waste Management Permit Fee Increase. (All Directors – One Vote)

That the staff report be received for information.

That Board direct staff to forward a letter to the Minister of Water, Land and Air Protection (copy to UBCM) that expresses the RDN’s concern with the Waste Management Permit Fee Regulation amendments consultation process and requesting explanation as to what value the RDN will receive for the large increase in fees.

SOLID WASTE

Waste Stream Management Licensing Bylaw. (All Directors – One Vote)

That the Board direct staff to proceed to public consultation on the final draft of the proposed Waste Stream Management Licensing bylaw.

Solid Waste Management Plan. (All Directors – One Vote)

That the Board direct staff to proceed to public consultation on the final draft of the updated Solid Waste Management Plan.

UTILITIES

San Pareil Water Supply Local Service Area Rates and Regulations Amendment Bylaw No. 1172.03 – Area G.

(All Directors – Weighted)

1. That the user rate structure for San Pareil be amended commencing May 15, 2004 to reflect a decrease in the minimum water rate to $0.82/day and the water rates for the five steps be increased to $1.06, $1.37, $1.68, $2.27 and $2.86 per m³ per day respectively (Alternative 1).

2. That “Regional District of Nanaimo San Pareil Water Supply Local Service Area Rates and Regulations Amendment Bylaw No. 1172.03, 2004” be introduced and read three times.

(All Directors – 2/3)

3. That “Regional District of Nanaimo San Pareil Water Supply Local Service Area Rates and Regulations Amendment Bylaw No. 1172.03, 2004” be adopted.

Morningstar Streetlighting Local Service Area Boundary Amendment Bylaw No. 869.05 – Subdivision between Wembley Road and Arrowsmith Way – Area G. (All Directors – One Vote)

1. That Rem. Lot 2, Plan 41955, DL 29, Nanoose LD and Lot A, Plan VIP72574, DL 29, Nanoose LD be brought into the Morningstar Streetlighting Local Service Area.

2. That “Morningstar Streetlighting Local Service Area Boundary Amendment Bylaw No. 869.05, 2004” be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

West Bay Estates Water LSA Amendment Bylaw No. 929.03 –Nanoose Place – 2925 Northwest Bay Road – Area E. (All Directors – One Vote)

That “West Bay Estates Water Local Service Area Amendment Bylaw No. 929.03, 2004” 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 meetings held March 17, 2004 and April 2, 2004 be received for information.

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

That the minutes of the District 69 Recreation Commission meeting held April 15, 2004 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 April 15, 2004 be received for information.

That the Hybrid Bus report be received.

(All Directors – Weighted)

That the Annual Operating Agreement (AOA) with BC Transit be approved.

(Nanaimo, Parksville, Qualicum Beach, EA’s ‘A’, ‘D’, ‘E’, ‘G’, ‘H’ – Weighted)

That BC Transit be requested to review the administration fee for the Regional District of Nanaimo in context with its review of the service delivery model in member communities.

7.3 EXECUTIVE STANDING COMMITTEE

7.4 COMMISSIONS

7.5 SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS

8. ADMINISTRATOR’S REPORTS

49-50 Solid Waste Management Plan – Alternate Dates for Public Meetings & Reduction in Packaging to Landfills. (All Directors – One Vote)

51-54 Resolution to Incorporate Bow Horn Bay Fire Improvement District as a Regional District Service Area. (Bylaw to be circulated) (All Director – 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)(e) & (h) of the Local Government Act the Board proceed to an In Camera meeting to consider acquisition of land and legal matters.