REGIONAL DISTRICT OF NANAIMO

MINUTES OF THE DEVELOPMENT SERVICES COMMITTEE
MEETING HELD ON TUESDAY, JULY 21, 1998, AT 7:30 PM
IN THE CITY OF NANAIMO COUNCIL CHAMBERS,
455 WALLACE STREET, NANAIMO, BC

Present:

Director E. Hamilton Chairperson

Director F. Garnish Electoral Area A

Director R. Loomis Electoral Area B

Alternate

Director H. Larsen Electoral Area D

Director G. Holme Electoral Area E

Director J. McLean Electoral Area F

Director J. Stanhope Electoral Area G

Director J. Duncan Electoral Area H

Director C. Bradshaw City of Parksville

Director B. Luchtmeijer Town of Qualicum Beach

Director L. Sherry City of Nanaimo

Director L. McNabb City of Nanaimo

Director D. Rispin City of Nanaimo

Director G. Korpan City of Nanaimo

Director J. Little City of Nanaimo

Director B. McGuffie City of Nanaimo

Also in Attendance:

B. Lapham General Manager, Development Services

S. Schopp Manager, Building Inspection & Enforcement

L. Burgoyne Recording Secretary

MINUTES

MOVED Director McNabb, SECONDED Director Sherry, that the minutes of the regular Development Services Committee meeting held on June 16, 1998, be adopted.

CARRIED

DELEGATIONS

P. Grand, re Electoral Area �A� Official Community Plan.

Ms. Grand requested a delay to the process of the Electoral Area �A� OCP until more landowners in the area have discussed their concerns and become more aware of the process.

MOVED Director Holme, SECONDED Director Sherry, that the delegation be received.

CARRIED

C. Grad, Nanaimo Airport, re Electoral Area �A� Official Community Plan.

Mr. Grad, representing the Nanaimo Airport Commission, responded to concerns and amendments regarding airport uses in the Electoral Area �A� OCP and spoke in favour of the bylaw.

MOVED Director McNabb, SECONDED Director Garnish, that the delegation be received.

CARRIED

R. Fuller, Cedar View Estates, re Electoral Area �A� Official Community Plan.

Mr. Fuller presented a proposal for a new mixed use development to be located in the Cedar Village area.

MOVED Director McNabb, SECONDED Director Garnish, that the delegation be received.

CARRIED

R. Palmer, re Development Permit Application 9808.

Mr. Palmer, representing the Royal Canadian Legion, requested that the Committee approve the Development Permit application.

MOVED Director McNabb, SECONDED Director Larsen, that the delegation be received.

CARRIED

H. Sims, re Development Variance Permit Application 9803.

Ms. Sims provided background information regarding this application.

MOVED Director McNabb, SECONDED Director Bradshaw, that the delegation be received.

CARRIED

S. Alcock-White, re Amendment to RDN Section 219 Covenant No. EJ058992.

Mr. Alcock-White requested an amendment to a covenant on his subdivided land, which restricts construction of a second dwelling. He requested the covenant be amended to allow a second dwelling of reduced size on these lots.

MOVED Director McNabb, SECONDED Director Garnish, that the delegation be received.

CARRIED

MOVED Director McLean, SECONDED Director Stanhope, that a late delegation be permitted.

CARRIED

E. Kuhn, B & W Land Corporation, re Amendment Application No. 9623.

Mr. Kuhn requested the Board approve the application for an expansion of the St. Andrews Lane development in French Creek, noting that there is an urgency to this request.

MOVED Director Sherry, SECONDED Director McNabb, that the delegation be received.

CARRIED

MOVED Director Garnish, SECONDED Director Bradshaw, that a late delegation be permitted.

CARRIED

F. Travis, re Land Use Contravention.

Mr. Travis stated that he has now removed the vehicles and cleaned up his property, but does not want to remove the trailer and would like to have it remain on the property.

Mr. Garnish requested that Mr. Travis obtain a document from the Agriculture Land Commission, which authorizes him placing the mobile home on this property. Mr. Travis has one month to produce the document for RDN staff.

MOVED Director McNabb, SECONDED Director McLean, that the delegation be received.

CARRIED

MOVED Director Luchtmeijer, SECONDED Director Stanhope, that a late delegation be permitted.

CARRIED

G. Whitney, re Illegal Accessory Building.

G. Whitney requested that the accessory building be allowed to remain on his property. He noted several other properties that have similar accessory buildings.

MOVED Director McNabb, SECONDED Director Garnish, that the delegation be received.

CARRIED

COMMUNICATIONS/CORRESPONDENCE

MOVED Director McNabb, SECONDED Director McGuffie, that all communications/correspondence be received.

MOVED Director McLean, SECONDED Director Stanhope, that these items be dealt with in seriatim.

CARRIED

U. Dosanjh, Attorney General, re a Local Bylaw Court.

MOVED Director McNabb, SECONDED Director McGuffie, that the correspondence from U. Dosanjh, Attorney General, regarding the possible placement of a Bylaw Court in Nanaimo, be received for information.

CARRIED

F. Taylor, re Addition of Civic Address on Advertisements and Agendas.

MOVED Director McNabb, SECONDED Director McGuffie, that the correspondence from F. Taylor regarding the addition of civic addresses to future advertisements and agenda reports, be received for information.

CARRIED

C. Doyle, Ministry of Environment, Lands & Parks, re the Mt. Arrowsmith Biosphere Reserve.

MOVED Director Luchtmeijer, SECONDED Director McLean, that the correspondence from C. Doyle, Ministry of Environment, Lands & Parks, regarding the Mt. Arrowsmith Biosphere Reserve, be tabled to the next Development Services Committee.

CARRIED

BUILDING INSPECTION

Section 700 Filings.

The Chairperson listed each filing and asked that any property owner in the audience wishing to address the Committee, come forward when their name was called.

MOVED Director Garnish, SECONDED Director Rispin, that a notice be filed pursuant to Section 700 of the Municipal Act, against the titles of the properties listed as follows:

a) Section 1, Range 4, Cedar Land District, Part shown outlined in red on Plan 432R, Manufactured Home Registration No. B11682, 3015 Giovando Road, Area �A�, owned by L. and L. McFadden;

b) Lot 2, Section 5, Range 4, Cedar Land District, Plan 47731, 2733 Ritten Road, Area �A�, owned by C. and K. Eert;

c) Lot 7, Section 7, Range 5, Cedar Land District, Plan 13970, 3154 De Courcy Drive, Area �A�, owned by G. Ives;

d) Lot 3, Sections 19 and 22, Gabriola Island, Nanaimo Land District, 755 Horseshoe Road, Area �B�, owned by R. and K. Logan;

e) Lot 3, District Lot 22, Nanoose Land District, Plan 26956, 1489 Bay Drive, Area �G�, owned by A. Lightburn;

f) Lot 3, District Lot 49, Nanoose Land District, Plan 49707, 574 Hawthorne Rise, Area �G�, owned by J. Savage;

g) Lot 11, District Lot 28, Nanoose Land District, Plan 26472, 1365 Lee Road, Area �G�, owned by G. Dailey.

CARRIED

Building Inspection Advisory Committee.

MOVED Director McNabb, SECONDED Director McGuffie,:

  1. That staff be directed to proceed with the actions recommended in Alternative No. 1 and prepare the necessary amendments to Bylaw 1000 to expand the extended Building Inspection Services Area for full building permits and inspections to include the shaded sections of the Cassidy-South Wellington area outlined in Attachments 3 and 4 and 5 to the staff report.

2. That "Regional District of Nanaimo Building Regulations and Fees Bylaw Amendment Bylaw 1000.01, 1998" be introduced and given first three (3) readings and proceed to public notification.

CARRIED

PLANNING

AMENDMENT APPLICATIONS

Application No. ZA 9803 � MacMillan Bloedel/Sims Associates � Area G.

MOVED Director Stanhope, SECONDED Director Holme,:

  1. That Amendment Application No. ZA9803 submitted by Sims Associates, on behalf of MacMillan Bloedel Ltd., to rezone the property legally described as a portion of Block 564, Nanoose District, Except That Part Shown Outlined in Red on Plan 613-R and Except Part in Plans 31833, 39893, 42873 and 3132RW as shown on the corresponding plan of proposed subdivision from Resource Management 1 (RM1) Subdivision District �B� to Recreation 2 (RC2) Subdivision District �Z� be approved, subject to the conditions outlined in Schedule No. 1.

2. That "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.242, 1998" which rezones the property legally described as a portion of Block 564, Nanoose District, Except That Part Shown Outlined in Red on Plan 613-R and Except That Part in Plans 31833, 39893, 42873 and 3132RW from Resource Management 1 (RM1) Subdivision District �B� (8 ha minimum parcel size) to Recreation 2 (RC2) Subdivision District �Z� (no further subdivision), be given 1st and 2nd reading and proceed to public hearing to be chaired by the Director for Electoral Area �G� or his alternate.

MOVED Director Stanhope, SECONDED Director Holme, that the motion be amended to include the following changes to Schedule 1:

MOVED Director Bradshaw, SECONDED Director Luchtmeijer, that this item be tabled to the next Development Services Committee.

CARRIED

Application No. 9804 � Tower Fence Products Ltd. � Area A.

MOVED Director Garnish, SECONDED Director Rispin, that Amendment Application No. AA 9804 by Tower Fence Products Limited, to amend the Electoral Area �A� Official Community Plan and rezone Lot A, Plan 7057, Section 14, Range 6, Cranberry District (1882 Fielding Road) from Residential 2 to Commercial 4, be denied.

CARRIED

Application No. 9623 � B & W Land Corporation � Area G.

MOVED Director Stanhope, SECONDED Director Sherry,:

  1. That application AA9623 to amend the "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987" to rezone Lot D, District Lot 83, Nanoose District, Plan 49145 from Residential 1, and Rural 1, to Residential 5, subject to requirements outlined in Schedule �1�.
  2. That "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500.190, 1998", which rezones Lot �D�, District Lot 83, Nanoose District, Plan 49145 from Residential 1 and Rural 1 to Residential 5, be given 1st and 2nd reading and proceed to public hearing to be chaired by the Director for Electoral Area �G�.

MOVED Director Stanhope, SECONDED Director Sherry, that Schedule 1 be amended to insert the words "and completion of Roberton Boulevard through St. Andrews Lane to Barclay Crescent" in Item No. 7 after the word "Highways".

CARRIED

MOVED Director Bradshaw, SECONDED Director Luchtmeijer, that the motion be amended to include that the development conform to a 15-metre set back from the top of the bank.

CARRIED

The question was called on the main motion as amended.

The motion CARRIED.

DEVELOPMENT VARIANCE PERMIT APPLICATION

Application No. 9803 � Tamagawa/McIntosh � Area A.

MOVED Director Garnish, SECONDED Director McNabb, that Development Variance Permit Application No. 9803, to vary the setbacks to a watercourse requirement of 15m to 0.5m to permit the construction of a boathouse for the property legally described as the Remainder of Section 15, Range 3, Cedar District, be approved subject to the owners being advised to obtain permission from the owners of the lake bed for the proposed float to be located on the surface of the lake below the natural boundary.

CARRIED

DEVELOPMENT PERMIT APPLICATION

Application No. 9808 � Royal Canadian Legion - Area D.

MOVED Director Larsen, SECONDED Director Garnish, that Development Permit No. 9808, to allow an addition to the Lantzville Legion Hall and vary the side yard setback from 5 metres to 30.48 cm (12 inches) and on-site parking requirements from 41 parking spaces to 22 parking spaces, including 2 handicapped parking spaces and one off-street loading space on the property legally described as Lot 1, Plan 48393, District Lot 27G, Wellington Land District, be approved subject to conditions outlined in Schedule �1�.

MOVED Director Larsen, SECONDED Director Garnish, that the motion be amended as follows:

  1. That the words "to 30.48 cm (12 inches)" be replaced with the words "to 22.86 cm (9 inches)".
  2. That the words "drought resistant" be inserted between the words "biological" and "diverse" in Item 2, first bullet, of Schedule 1.

CARRIED

The question was called on the main motion as amended.

The motion CARRIED.

FRONTAGE RELAXATION

Director Hamilton left the meeting citing a possible conflict of interest with the next item.

Director Stanhope assumed the Chair.

Windmill Estates/Williamson & Associates - Area C.

MOVED Director Garnish, SECONDED Director McNabb, that the request from Williamson & Associates, BCLS, on behalf of Windmill Estates to relax the minimum 10% frontage requirement for proposed Lot 1, as shown on the proposed plan of subdivision of Parcel C (DD 4495N) of Section 13, Range 2, Cranberry District, Except Parts in Plan 5255 and Plan 1167R (Revision No. 3), be approved in consideration of the applicant�s concurrence to enter into a Section 219 covenant as outlined in the staff report with all costs associated with the registration of the covenant to be at the applicant�s expense.

CARRIED

Director Hamilton re-assumed the Chair.

OTHER

Electoral Area �A� OCP Amendments.

MOVED Director Garnish, SECONDED Director Bradshaw,:

  1. That the amended "Regional District of Nanaimo Electoral Area �A� Official Community Plan Bylaw No. 1116, 1998" be received, given 2nd reading as amended, and referred to the Agricultural Land Commission, Cowichan Valley Regional District and the City of Nanaimo for comment.
  2. That the amended "Regional District of Nanaimo Electoral Area �A� Official Community Plan Bylaw No. 1116, 1998" proceed to a Public Hearing to be chaired by the Director for Electoral Area �A� or his alternate, after all mandatory referrals have been met.

MOVED Director Garnish, SECONDED Director Bradshaw, that the motion be amended as follows:

  1. that the words "Notwithstanding Policy No. 6," be deleted from Goal 2, Cedar Village Centre, Policies subsection, No. 8, of Schedule �A�.
  2. that the word "existing" be inserted between the words "for" and "commercial" under Goal 6, Subsection 6.8, No. 8, of Schedule �A�.
  3. that the words "pet boarding and kennel facilities" be deleted under Goal 6, Subsection 6.8, No. 6, Airport Related Uses, of Schedule �A�.
  4. that the words "to the satisfaction of the RDN" be inserted after the word "aquifer" under Goal 6, Subsection 6.8, No. 9, of Schedule �A�.
  5. that the heading "Airport Operations Uses" be replaced with the heading "Aviation Related Uses" under Goal 6, Subsection 6.8, No. 2, of Schedule �A�.
  6. that Map 1, Schedule A, be adjusted to reflect changes in the boundary of the �Airport Related� designation to only extend the area to the westerly boundary of the airport parking lot rather than within 30-metres of the highway.

MOVED Director McGuffie, SECONDED Director Bradshaw, that the item regarding pet boarding and kennel facilities be dealt with separately.

MOVED Director Sherry, SECONDED Director Garnish, that clause 1-1, #2, be amended to read:

"However services may be extended outside of the Urban Boundaries for existing construction on developed residential lots in recognition of environmental or public health concerns where existing sewage disposal systems have failed and additional excess capacity is available in an existing community sewage disposal system or pursuant to the policies included in Goal 6, Section 6 � Nanaimo Airport � Nos. 10 and 11 of this Plan".

CARRIED

MOVED Director Garnish, SECONDED Director Bradshaw to withdraw the main motion.

CARRIED

MOVED Director McNabb, SECONDED Director McLean, that the item be referred back for further improvements.

MOVED Director McGuffie, SECONDED Director McNabb, that the Electoral Area �A� OCP Amendments report be tabled to the Board Meeting for further discussion with written changes.

CARRIED

1999 Management of Development Agreements.

MOVED Director Sherry, SECONDED Director McLean,:

  1. That the 1999 Management of Development Agreements between the Regional District and the City of Nanaimo, the City of Parksville and the Town of Qualicum Beach, be calculated at $0.71 per capita based on the 1996 Census.

2. That the Chairperson and Secretary be authorized to sign the agreements on behalf of the Regional District of Nanaimo.

CARRIED

Islands Trust Council Policy Statement Amendment Bylaw No. 1.

MOVED Director Loomis, SECONDED Director Stanhope, that the Regional District of Nanaimo receive the "Islands Trust Council Policy Statement Amendment Bylaw No. 1, 1998" (Bylaw No. 53) and support the policy statement amendments.

CARRIED

ADJOURNMENT

MOVED Director Sherry, SECONDED Director Luchtmeijer, that this meeting terminate.

CARRIED

TIME: 9:30 PM