Director F. Garnish Electoral Area A

Director R. Loomis Electoral Area B

Director I. Savage Electoral Area D

Director J. English 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

K. Daniels Chief Administrative Officer

B. Lapham General Manager, Development Services

S. Schopp Manager, Building Inspection & Enforcement

N. Tonn Recording Secretary

MOVED Director Stanhope, SECONDED Director Luchtmeijer, that a late delegation be permitted to address the Committee.

CARRIED

Mr. Hole discussed the advantages of approving an amendment application over the implementation of a strata title on the property and urged the Committee to approve the application.

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

CARRIED

MOVED Director McNabb, SECONDED Director Savage, that the minutes of the regular Development Services Committee meeting held on September 15, 1998, be adopted.

CARRIED

MOVED Director Holme, SECONDED Director Sherry, that a notice be filed pursuant to Section 700 of the Municipal Act, against Lot 68, District Lot 78, Nanoose Land District, Plan 15983, 3482 Grilse Road, Area E, owned by L. and K. Dirnberger and that the owner be given three months to complete the outstanding work.

CARRIED

MOVED Director Garnish, SECONDED Director Savage, that Development Variance Permit Application No. 9802 which would vary the minimum setback requirements of the Rural 4 (RU4) zone from 8.0 metres to 2.0 metres to legalize the house and attached deck and from 2.0 metres to 0.46 metres to legalize the north east corner of a shed on the property legally described as Lot 6, Section 8, Range 7, Cranberry Land District, Plan 29703, be approved subject to a legal survey and approval by the Ministry of Transportation and Highways.

CARRIED

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 Holme, SECONDED Director Garnish, that Mr. A. Mill be permitted to address the Committee with regard to 1345 Private Road.

CARRIED

Mr. Mill presented a short history of the property and more specifically, the setback infraction with regard to one of the cabins.

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

CARRIED

MOVED Director Holme, SECONDED Director McGuffie, that a notice be filed pursuant to Section 700 of the Municipal Act, against the title of the following property:

Lot 14, District Lot 51, Newcastle Land District, Plan 12041, 1345 Private Road, Electoral Area �G�, owned by J. Boultbee.

CARRIED

Mr. B. Sperling, representing Adele Ventures Inc. spoke briefly on the outstanding issues regarding issuance of a valid occupancy permit.

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

CARRIED

MOVED Director Holme, SECONDED Director Little, that notice of filing on the property located at 580 North Road be referred to the next Development Services Committee meeting.

DEFEATED

MOVED Director Korpan, SECONDED Director McGuffie, that a notice be filed pursuant to Section 700 of the Municipal Act, against the title of the following property:

Lot 32, Section 20, Gabriola Island, Nanaimo Land District, Plan 22723, 580 North Road, Electoral Area �B�, owned by Adele Ventures Inc.

A recorded vote was requested.

The motion CARRIED with Directors Stanhope, Korpan, Garnish, Holme, Hamilton, Luchtmeijer, Bradshaw, Sherry, Loomis, Duncan and McGuffie voting in the affirmative and Directors McNabb, Savage, McLean, Little and Rispin voting in the negative.

MOVED Director Holme, SECONDED Director Garnish, that C. Balicki be permitted to address the Committee with regard to 540 Virostko Road.

CARRIED

Ms. Balicki updated the Committee on her Building application and noted that the time delay is due to a controversy over whether the stream behind her property is fish bearing.

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

CARRIED

MOVED Director Luchtmeijer, SECONDED Director McGuffie, that the motion be amended to add "and that if the infractions are not rectified within ninety (90) days, legal action will be pursued".

MOVED Director Garnish, SECONDED Director Stanhope, that the amendment motion be further amended to replace the words "legal action will be pursued" with the words "the option to pursue legal action will be brought back to the Board".

This amendment motion was withdrawn after discussion.

The question was called on the amendment.

The motion CARRIED with Directors Savage, Stanhope, Korpan, Garnish, Holme, Hamilton, Luchtmeijer, Bradshaw, Sherry, Duncan, Rispin and McGuffie voting in the affirmative and Directors McNabb, McLean, Little and Loomis voting in the negative.

The question was called on the main motion as amended.

The motion CARRIED.

MOVED Director Rispin, SECONDED Director McGuffie, that the Chairperson and Secretary be authorized to sign the Animal Control Contract on behalf of the Regional District of Nanaimo to engage the services of Parksville-Qualicum SPCA and Nanaimo Animal Shelter Ltd. to provide animal control services for the term from March 1, 1999 to February 28, 2001.

CARRIED

MOVED Director Luchtmeijer, SECONDED Director Bradshaw, that application AA9628 to amend the "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987" to permit subdivision of Lot 2, District Lot 88, Nanoose District, Plan 37640 at a 1.0 ha parcel size, be denied.

CARRIED

MOVED Director Stanhope, SECONDED Director Holme,:

1. That the request submitted by David Spearing, Architect on behalf of MacMillan Bloedel Ltd. and Culverden Holdings Ltd. to amend the conditions of ZA9622 and ZA9803 as shown on Schedule �A� of the staff report be approved.
2. That Amendment Bylaw No. 500.216 (Application No. ZA9622) be abandoned.
3. That Amendment Bylaw No. 500.242 be reintroduced, as amended to include Applications Nos. ZA9622 and ZA9803 at 1^st and 2^nd reading and proceed to Public Hearing to be chaired by the Director for Electoral Area �E� or his alternate.

A recorded vote was requested.

The motion CARRIED with Directors McNabb, Stanhope, McLean, Holme, Hamilton, Little, Sherry, Duncan and Rispin voting in the affirmative and Directors Savage, Korpan, Garnish, Luchtmeijer, Bradshaw, Loomis and McGuffie voting in the negative.

MOVED Director Garnish, SECONDED Director McGuffie,:

1. That Amendment Application No. ZA9706, submitted by Terry and Irene Burak, to rezone the property legally described as Lot 1, Section 11, Range 7, Cranberry District, Plan 33429 from Residential 2 (RS2) to Industrial 1 (IN1) be approved, subject to the conditions outlined in Schedule �1�.
2. That "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.244, 1998", which rezones the property legally described as Lot 1, Section 11, Range 7, Cranberry District, Plan 33429, from Residential 2 (RS2) to Industrial 1 (IN1) be given 1^st and 2^nd reading and proceed to public hearing to be chaired by the Director of Electoral Area �A� or his alternate.

CARRIED

MOVED Director Garnish, SECONDED Director McNabb, that Development Variance Permit 9805, to vary the setback for a building from 8.0 metres to 3.0 and 3.6 metres from the interior lot lines on Lot 2, VIP 60942, Section 17, Range 2, Cedar District, be approved as outlined in Schedule �A�.

CARRIED

MOVED Director Holme, SECONDED Director Stanhope, that Development Variance Permit No. 9806, submitted by Bruce Hale, on behalf of Oceanside Amusements Ltd., requesting that the height and size requirements pursuant to Bylaw No. 993, be relaxed in order to accommodate the re-siting of a gnome figure, be approved subject to the applicant obtaining all necessary permits and removing other existing signs directed toward the highway which are not recognized as legal non-conforming and further subject to the notification procedure pursuant to the Municipal Act.

CARRIED

MOVED Director Savage, SECONDED Director Stanhope, that Development Permit Application No. 9816 to amend Development Permit No. 38 be referred to the next Development Services Committee meeting and further that staff be directed to call a public information meeting with the property owners in the Lantzville Industrial Park and report back to the next meeting of the Development Services Committee.

CARRIED

MOVED Director McGuffie, SECONDED Director Stanhope, that Development Permit No. 9709 to legalize an existing heavy equipment display and sales business on the property legally described as Lot 1, Sections 14 and 15, Range 6, Cranberry District, Plan 32984 be approved subject to the applicant first obtaining the approval of the Ministry of Environment under the Contaminated Sites Regulations and subject to the conditions outlined in Schedule "5" of the staff report.

CARRIED

MOVED Director Stanhope, SECONDED Director McNabb, that Development Permit 9713 for the Final Phases of a multiple dwelling unit development (41 dwelling units) on the property legally described as Lot C, District Lots 29 and 126, Nanoose District, Plan 49145, Except Part in Plan VIP56481 and Strata Plan VIS2920 (Phases 1, 2, 3, 4, 5 and 6) be approved subject to the conditions outlined in Schedule �1� of the staff report.

CARRIED

MOVED Director Garnish, SECONDED Director McNabb, that Development Permit 9811 to legalize an existing office building on the property legally described as Lot C, Plan 26748, Section 14, Range 6, Cranberry District be approved subject to the conditions outlined in Schedule 3 of the staff report.

CARRIED

MOVED Director Stanhope, SECONDED Director McNabb, that Development Permit 9814 be approved on Lot �D�, District Lot 126, Nanoose District, Plan 49145, subject to conditions in Schedule �A�.

CARRIED

MOVED Director Garnish, SECONDED Director McGuffie, that Development Permit 9815 to establish a transfer facility for the collection, crushing and hauling away of scrap metals for recycling on the property legally described as Lot 5, Block 7, Section 12 and 13, Range 7, Cranberry District, Plan 1643 be approved subject to the conditions outlined on Schedule �3� of the staff report.

CARRIED

MOVED Director Savage, SECONDED Director Luchtmeijer,:

1. That staff be directed to invite the owners of FLR land to meet with the Regional District to discuss the proposed changes to the land use and subdivision regulations which are applicable to the FLR at a series of meetings to be chaired by the Chair of the Development Services Committee and attended by staff and other interested members of the Board.
2. That subject to input from the consultation meeting, staff be directed to bring forward proposed amendments to RDN Bylaw 500 to implement the existing OCP policies which advocate larger minimum parcel sizes within the FLR and further, restrict the number of dwelling units permitted on FLR parcels to one dwelling per parcel.
3. That subject to input from the consultation meeting, staff be directed to bring forward proposed amendments to the Arrowsmith Benson zoning bylaw which would permit no further subdivision within the FLR, other than boundary adjustments permitted through parcel averaging to 80% of the existing size of parcels, and provision for only one dwelling unit per parcel.
4. That subject to input from the consultation meeting, staff be directed to include proposed policies in the preparation of new OCPs which would permit no further subdivision within the FLR, other than boundary adjustments permitted through parcel averaging to 80% of the existing size of parcels, and provision for only one dwelling unit per parcel.

CARRIED

MOVED Director McLean, SECONDED Director McGuffie, that the Ministry of Energy and Mines through the Vancouver Island Mine Development Review Committee be advised that the Regional District of Nanaimo continues to oppose the application by Englishman Aggregates Ltd. and requests that the application process be amended to consider local government zoning, official community plans and other regulatory bylaws.

CARRIED

MOVED Director Savage, SECONDED Director Bradshaw, that staff prepare a soil removal bylaw and that a Special Board meeting be held next week to consider such bylaw.

A recorded vote was requested.

The motion CARRIED with Directors Savage, Korpan, Garnish, Holme, Little, Bradshaw, Loomis, Duncan and McGuffie voting in the affirmative and Directors McNabb, Stanhope, McLean, Hamilton, Luchtmeijer, Sherry and Rispin voting in the negative.

MOVED Director Garnish, SECONDED Director Holme, that a Cedar Village Sewer Advisory Committee be established in accordance with the provisions of the Liquid Waste Management Plan with the membership as set out in Schedule No. 1 of the staff report.

CARRIED

MOVED Director Savage, SECONDED Director Sherry,:

1. That the maximum building height on Rural properties (properties zoned Rural 1, 2, 3, 4, 5 and Resource Management 1, 2, 3) be amended to 9.0 metres.
2. That "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.246, 1998" which amends the maximum building height from 8.0 metres to 9.0 metres within the �Rural 1, 2, 3, 4, 5 and Resource Management 1, 2, 3 zones� be given 1^st and 2^nd reading and that the public hearing be waived in lieu of public notification pursuant to Section 893 of the Municipal Act.
3. That staff be directed to proceed with consultation on a proposed change to the definition of building height as outlined in Schedule "1" and report back to the Development Services Committee.

CARRIED

MOVED Director McLean, SECONDED Director Savage, that the request from Sims Associates, BCLS, for the building strata conversion as shown on the Sketch Plan of Lot 6, District Lot 7, Cameron District, Plan 22313, be denied.

CARRIED

MOVED Director Loomis, SECONDED Director Little, that the referral of Islands Trust Bylaw No. 170, which amends the Gabriola Island Official Community Plan be received and the Island Trust be advised that the Regional District of Nanaimo supports the proposed amendments.

CARRIED

MOVED Director Holme, SECONDED Director Korpan, that this meeting terminate.

CARRIED

TIME: 9:21 PM