REGIONAL DISTRICT OF NANAIMO

 

BOARD MEETING

TUESDAY, SEPTEMBER 26, 2006

7:00 PM

 

(RDN Board Chambers)

 

 

A G E N D A

 

 

PAGES

 

1.                  CALL TO ORDER

 

            2.         DELEGATIONS

 

                                    Sandra Thomson, Bruce Halliday & Jim Whiteaker, re Port Theatre Annual Update.  (Financial information included as a separate enclosure)

 

11-13                           Peter Avis & Hugh Fletcher, re Englishman River Canyon.  (Map included as separate enclosure)

 

14                                Gary Tennant, re Proposed Building Inspection Bylaw for Area H.

 

15                                Murray Hamilton, re Proposed Building Inspection Bylaw for Area H.

 

            3.         BOARD MINUTES

 

16-20                           Minutes of the Board meeting held August 29, 2006.

 

            4.         BUSINESS ARISING FROM THE MINUTES

 

5.                  COMMUNICATIONS/CORRESPONDENCE

 

21                               Bill & Ruth McBratney, re Development Variance Permit Application No. 90616 – Meyer – 3512 Bluebill Place – Area E.

 

22-24                          Brian & Chriss Steane, re Development Variance Permit Application No. 90616 – Meyer – 3512 Bluebill Place – Area E.  (Photo package included as separate enclosure)

 

            6.         UNFINISHED BUSINESS

 

                                    BYLAWS

 

                                    For Adoption.

 

                                    Bylaw No. 813.37  (All Directors – One Vote)

 

                                    That “French Creek Sewerage Facilities Local Service Area Boundary Amendment Bylaw No. 813.37, 2006”, be adopted.

 

                                    This is a bylaw to remove a property from the French Creek Sewer Local Service Area.  The property is located at 808 Wembley Road – Area G.

 

                                    Bylaw No. 889.42  (All Directors – One Vote)

 

                                    That “Regional District of Nanaimo Northern Community Sewer Local Service Area Boundary Amendment Bylaw No. 889.42, 2006”, be adopted.

 

                                    This is a bylaw to remove a property from the Northern Community Sewer Local Service Area.  The property is located at 808 Wembley Road – Area G.

 

                                    Third Reading.

 

25-32                           Bylaw No. 500.335 (Electoral Area Directors except EA ’B’ – One Vote)

 

                                    This is a bylaw to rezone the subject property located at the corner of Jinglepot Road and Meadow Drive from Rural 1 to Public 4, to allow the use of the site for a fire hall – Area C.

 

                                    Public Hearing and Third Reading.

 

                                    Bylaw Nos. 1240.03, 1152.03, 1148.04, 814.09, 1055.03, 1115.04, 1335.02, 1007.05 and 1400.01.  (All Directors except EA ‘B’ – One Vote)

 

33-48                           Report of the public hearing held September 13, 2006 with respect to the RDN Riparian Areas Regulation OCP amendment Bylaw Nos. 1240.03, 1152.03, 1148.04, 814.09, 1055.03, 1115.04, 1335.02, 1007.05 and 1400.01.

 

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

 

            7.1       ELECTORAL AREA PLANNING STANDING COMMITTEE

 

49-52                           Minutes of the Electoral Area Planning Committee meeting held September 12, 2006.  (for information)

 

                        PLANNING

 

                        DEVELOPMENT PERMIT APPLICATIONS

 

                             Development Permit Application No. 60644 – D & B McKee – 5061 Island Highway West – Area H.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                             Delegations wishing to speak to Development Permit Application No. 60644.

 

                                   That Development Permit Application No. 60644, to allow the construction of a dwelling, be approved according to the terms outlined in Schedule No. 1.

 


                             Development Permit Application No. 60645 – Cloarec – 2615 Noble Road – Area E.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                             Delegations wishing to speak to Development Permit Application No. 60645.

 

                                   That Development Permit Application No. 60645, to allow for the construction of a dwelling unit at 2615 Noble Road, be approved according to the terms outlined in Schedule No. 1.

 

                             Development Permit Application No. 60648 – Fern Road Consulting Ltd., on behalf of R. & L. Wells – 677/669 Barclay Crescent North – Area G.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                             Delegations wishing to speak to Development Permit Application No. 60648.

 

                                   That Development Permit Application No. 60648 submitted by Fern Road Consulting Ltd., on behalf of R. & L. Wells in conjunction with the subdivision on the parcels legally described as Lots 2 & 3, District Lot 28, Nanoose District, Plan 23031 and designated within the Sensitive Lands Development Permit Area pursuant to the “French Creek Official Community Plan Bylaw No. 1115, 1998”, be approved, subject to the conditions outlined in Schedule Nos. 1 and 2 of the corresponding staff report.

 

                        DEVELOPMENT VARIANCE PERMIT

 

                             Development Variance Permit Application No. 90616 – Meyer – 3512 Bluebill Place – Area E.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                             Delegations wishing to speak to Development Variance Permit Application No. 90616.

 

                                   That Development Variance Permit No. 90616 to legalize the existing beach access stairs as shown on Schedule No. 2 located at 3512 Bluebill Place, be approved subject to the terms outlined on Schedule No. 1, and that staff do the following:

 

a)  Develop a policy for the Board’s consideration regarding the appropriate development of beach access stairs, and the associated staff review of development variance permit applications.

 

b)  Proceed with seeking a Court Order to have the stairs removed, to comply with Bylaw No. 500 and Bylaw No. 1250 if the applicants do not meet the terms of Schedule No. 1 within 90 days from the date of the issuance of Development Variance Permit 90616.

 


                             Development Variance Permit Application No. 90618 – Allen and Parker – 448 Manse Road – Area G.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                             Delegations wishing to speak to Development Variance Permit Application No. 90618.

 

                                   That Development Variance Permit Application No. 90618, to relax the front lot line setback from 8.0 metres to 4.6 metres, to legalize an existing garage at 448 Manse Road, 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 Application No. 90619 – JE Anderson, BCLS on behalf of M. Porter – Spring Place – Area F.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                             Delegations wishing to speak to Development Variance Permit Application No. 90619.

 

                                   That Development Variance Permit Application No. 90619, submitted by JE Anderson, BCLS, on behalf of M. Porter, to vary the minimum lot frontage requirement as shown on Schedule No. 3 in conjunction with a 2-lot subdivision proposal of Lot B, Block 544, Nanoose District, Plan VIP60806, be approved subject to the conditions set out in Schedule Nos. 1 and 2 and to the notification procedure pursuant to the Local Government Act.

 

                        OTHER

 

                             Request for Relaxation of the Minimum 10% Frontage Requirement – L. & C. Addison, on behalf of Wessex Enterprises Ltd. – Midora & Extension Roads – Area C.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                   That the request for relaxation of the minimum 10% frontage requirement for proposed Lots 7 and 8 in conjunction with the subdivision application for Parcel Z (DD K83923), Section 13, Range 1 and Sections 12 and 13, Range 2, Cranberry District, be approved subject to the conditions set out in Schedule Nos. 1 and 2 of the staff report.

 

                             Riparian Areas Regulation Stream Declaration Policy.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                   That the Riparian Areas Regulation Stream Declaration Policy, attached to the staff report, be approved.

 

                             Incorporating Green Shores Project Principles into RDN Bylaws.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                   That the Board direct staff to consider policies and development permit area guidelines regarding Green Shores’ principles for inclusion in all future official community plan reviews.

 


                        BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

 

                             Budget Steel – Development Permit Application.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                   That staff review the Budget Steel file with the RDN lawyer to obtain a legal opinion as to whether or not the conditions as set out in the existing Development Permit can be enforced and other matters related to Budget Steel’s operation; and that staff report back to the next Board meeting.

 

             7.2      COMMITTEE OF THE WHOLE STANDING COMMITTEE

 

53-58                           Minutes of the Committee of the Whole meeting held September 12, 2006.  (for information)

 

                        CORPORATE SERVICES

 

                        ADMINISTRATION

 

                             Islands Trust Protocol Agreement.  (All Directors – Weighted Vote)

 

                                    That the Board approve the Protocol Agreement (dated July 27, 2006) between the Regional District of Nanaimo and the Gabriola Island Local Trust Committee.

 

                             Airport Service Bylaws.  (All Directors – One Vote)

 

                             1.    That elector assent for the participating areas be obtained by using the alternative approval process for the entire service area.

 

                             2.    That the “Nanaimo Airport Service Establishment Bylaw No. 1505, 2006” be given three readings, be forwarded to the Ministry of Community Services for approval and proceed to the Alternative Approval Process to receive elector assent.

 

                             3.    That the “Nanaimo Airport Service Borrowing Bylaw No. 1506, 2006” be given three readings, be forwarded to the Ministry of Community Services for approval and proceed to the Alternative Approval Process to receive elector assent.

 

                             4.    That the attached Nanaimo Airport Service Elector Response Form be approved for use with Bylaws 1505 and 1506.

 

                        FINANCE

 

                             UBCM Resolution Regarding Home Owner Grant Program.  (All Directors – One Vote)

 

                                    That the following resolution be submitted for consideration to the next meeting of the AVICC and/or the UBCM:

 

WHEREAS property values continue to increase at a rapid rate in the Province of BC;

 

AND WHEREAS many long term property owners continue to suffer a loss of the Home Owner Grant due to market forces beyond their control;

 

AND WHEREAS there is a general societal benefit to assisting all property owners to be able to afford to live on the properties they have chosen;

 

THEREFORE BE IT RESOLVED THAT the Province be requested to reinstate a Home Owner Grant for properties in excess of the current limit of $894,000.

 

                             Reserve Fund Bylaw Approvals.

 

                             Bylaw No. 1501.  (Electoral Area Directors – Weighted Vote)

 

                             1.    That “Electoral Area Local Government Elections Reserve Fund Establishment Bylaw No. 1501, 2006” be introduced for first three readings.

 

                             2.    That “Electoral Area Local Government Elections Reserve Fund Establishment Bylaw No. 1501, 2006” having received three readings be adopted.

 

                             Bylaw No. 1502.  (All Directors – One Vote)

 

                             1.    That “Decourcey Water Reserve Fund Establishment Bylaw No. 1502, 2006” be introduced for first three readings.

 

                             2.    That “Decourcey Water Reserve Fund Establishment Bylaw No. 1502, 2006” having received three readings be adopted.

 

                             Bylaw No. 1503.  (All Directors – One Vote)

 

                             1.    That “Nanoose Bay Peninsula Water Reserve Fund Establishment Bylaw No. 1503, 2006” be introduced for first three readings.

 

                             2.    That “Nanoose Bay Peninsula Water Reserve Fund Establishment Bylaw No. 1503, 2006” having received three readings be adopted.

 

                             Bylaw No. 1504.  (Parksville, Qualicum Beach, EA’s E, F, G & H – Weighted Vote)

 

                             1.    That “District 69 Arena Reserve Fund Establishment Bylaw No. 1504, 2006” be introduced for first three readings.

 

                             2.    That “District 69 Arena Reserve Fund Establishment Bylaw No. 1504, 2006” having received three readings be adopted.

 


                        2006 Expenditure of Reserve Funds.

 

                             (Electoral Area’s A, B & C – Weighted Vote)

 

                                    That $5,346 to upgrade the Gabriola Island base radio be approved as an expenditure from the “School District 68 E911 Reserve Fund Establishment Bylaw No. 1069, 1996”.

 

                             (All Directors – One Vote)

 

                                    That $49,310 for the acquisition of SCBA breathing apparatus equipment be approved as an expenditure from the “Coombs-Hilliers Fire Protection Reserve Fund Establishment Bylaw No. 833, 1991”.

 

                             (All Directors – One Vote)

 

                                    That $83,125 to upgrade the Sandpiper reservoir be approved as an expenditure from the “French Creek Water Local Service Area Reserve Fund Establishment Bylaw No. 1167, 1999”.

 

                             (All Directors – One Vote)

 

                                    That $218,400 for the Regional District’s portion of the cost for the Craig Bay reservoir be approved as an expenditure from the “Nanoose Bay Bulk Water Local Service Area Development Cost Charge Bylaw No. 1088, 1997”.

 

                        Barclay Crescent Sewer Project Financing.  (Parksville, Qualicum Beach, EA’s E, F, G & H – Weighted Vote)

 

                             1.    That the capital charge rate in the “Northern Community Sewer Local Service Area Capital Charge Bylaw No. 1331” be amended to an amount of $1,743 per lot and that staff proceed to amend the bylaw accordingly.

 

                             2.    That property owners be offered the option of paying the additional capital cost by way of a parcel tax as generally outlined in the table shown in the corresponding staff report.

 

                        DEVELOPMENT SERVICES

 

                        ENGINEERING STANDARDS AND SUBDIVISION

 

                             Rural Streetlighting Local Service Area Boundary Amendment Bylaw No. 791.15 – Area E.  (All Directors – One Vote)

 

                             1.    That the parcel legally described as Lot A, Plan VIP58653, District Lot 6, Nanoose Land District, PID 018700136 be included in the Rural Streetlighting Local Service Area.

 

                             2.    That “Rural Streetlighting Local Service Area Boundary Amendment Bylaw No. 791.15, 2006” be introduced, read three times and forwarded to the Inspector of Municipalities for approval.

 

                             Proposed Board Policy for Registration of Covenants.  (All Directors – One Vote)

 

                                    That the Board policy entitled Registration of Land Title Office Documents in Conjunction with the Amendment Application Process, be adopted as outlined in Schedule No. 1.

 

                        REGIONAL PLANNING

 

                             RDN Strategic Plan 2006 – 2009.  (All Directors – One Vote)

 

                             1.    That the RDN Strategic Plan for the years 2006 – 2009 be approved.

 

                             2.    That staff be directed to refer the 2006 – 2009 RDN Strategic Plan to the member municipalities for information.

 

                             3.    That staff be requested to include in the 2007 workplan, the investigation of an affordable housing strategy for the region in conjunction with the review of the Regional Growth Strategy; and that consulting services be included to facilitate the review.

 

                        ENVIRONMENTAL SERVICES

 

                        LIQUID WASTE

 

                             Pump and Haul Local Service Area Amendment Bylaw No. 975.45 – 626 South Road – Area B and 306 Kinkade Road – Area G.  (All Directors – One Vote)

 

1.    That the boundaries of the RDN Pump and Haul Local Service Area Bylaw 975 be amended to include Lot 108, Section 13, Plan 21531, Nanaimo Land District, Gabriola Island, 626 South Road.

 

2.    That the boundaries of the RDN Pump and Haul Local Service Area Bylaw 975 be amended to remove Lot 2, District Lot 9, Plan 21610, Newcastle Land District, Kinkade Road.

 

3.    That “Regional District of Nanaimo Pump and Haul Local Service Area Amendment Bylaw No. 975.45, 2006” be read three times and forwarded to the Inspector of Municipalities for approval.

 

                             Flamingo Drive/McFeely Drive/Surfside Drive – Sanitary Sewer Servicing Options.  (All Directors – One Vote)

 

                                   That staff include in the 2007 work plan, the preliminary design, cost estimates and public consultation activities to include the 61 properties as shown on the attached drawing in the Surfside Sanitary Sewer Service Area and that individual applications for sanitary sewer service connections in the Surfside Sanitary Sewer Service Area be held in abeyance in the interim.

 


                        SOLID WASTE

 

                             Cedar Road LFG – Amending Agreement, Waiver and Licence of Occupation.  (All Directors – Weighted Vote)

 

                             1.   That the Board approve the Amending Agreement with Cedar Road LFG Inc. to change the project completion date from July 21, 2006 to November 30, 2007.

 

                             2.   That the Board grant a Licence of Occupation to Cedar Road LFG Inc. for use of the area at the Regional Landfill occupied by their electricity generating facility.

 

                             3.   That the Board approve the Waiver of Emission Rights with Cedar Road LFG Inc. associated with any reduction in greenhouse gases that result from the operation of their electricity generating facility.

 

                        COMMISSION, ADVISORY & SELECT COMMITTEE

 

                             Area ‘A’ Parks and Green Spaces Advisory Committee.  (All Directors – One Vote)

 

                                   That the minutes of the Electoral Area ‘A’ Parks and Green Spaces Advisory Committee meeting held July 20, 2006 be received for information.

 

                             East Wellington – Pleasant Valley Parks and Open Space Advisory Committee.  (All Directors – One Vote)

 

                                   That the minutes of the East Wellington – Pleasant Valley Parks and Open Space Advisory Committee meeting held June 15, 2006 be received for information.

 

                             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 July 5, 2006 be received for information.

 

                              Regional Parks and Trails Advisory Committee.  (All Directors – One Vote)

 

                                   That the minutes of the Regional Parks and Trails Advisory Committee meeting held September 5, 2006 be received for information.

 

7.5       SCHEDULED STANDING, ADVISORY STANDING AND SELECT COMMITTEE REPORTS

 

                              Selection Committee.

 

                              Drinking Water – Watershed Protection Stewardship Committee.  (All Directors – One Vote)

 

                             1.   That David Vincent be appointed as the Electoral Area ‘A’ representative to the Drinking Water – Watershed Protection Stewardship Committee.

 

                             2.   That Grace Gundersen be appointed as the Electoral Area ‘C’ representative to the Drinking Water – Watershed Protection Stewardship Committee.

 

8.                  ADMINISTRATOR’S REPORTS

 

59-70                           Development Variance Permit Application No. 90615 – Middleton – 4595 Berbers Drive – Area H.  (Electoral Area Directors except EA ‘B’ – One Vote)

 

                                    Delegations wishing to speak to Development Variance Permit Application No. 90615.

 

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) and (g) of the Community Charter the Board proceed to an In Camera meeting to consider items related to personnel and legal issues.