REGIONAL DISTRICT OF NANAIMO

MINUTES OF THE DEVELOPMENT SERVICES COMMITTEE
MEETING HELD ON TUESDAY, NOVEMBER 17, 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

Director I. Savage 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

N. Tonn Recording Secretary

DELEGATIONS

H. Sims, re Amendment Application No. 9808 � Gainsburg Road � Area H.

Ms. Sims presented a short overview of Amendment Application No. 9808.

MOVED Director Rispin, SECONDED Director Luchtmeijer, that the delegation be received.

CARRIED

G. Ellins, re Amendment Application No. 9808 � Gainsburg Road � Area H.

Mr. Ellins presented a verbal and visual summary of Amendment Application No. 9808.

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

CARRIED

J. Miotto, re Kenary Cove Development Project � Area A.

Mr. Miotto presented an overview of the Kenary Cove Development from its beginning in 1994 until present. Mr. Miotto noted that the development does not really fit into the definition of a "node" but rather in a possible "recreation development".

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

CARRIED

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

D. Whiting, District 69 School Board, re Development Variance Permit Application No. 9808 � 240 Bennett Road � Area G.

Mr. Whiting presented a short overview of the Development Variance Permit application and noted that the school will alleviate the present enrollment at three other schools in the area.

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

CARRIED

MINUTES

MOVED Director McNabb, SECONDED Director Sherry, that the minutes of the regular Development Services Committee meeting held on October 20, 1998, be adopted.

CARRIED

UNFINISHED BUSINESS

(From the October 20, 1998 Development Services Committee Meeting)

Development Permit Amendment Application No. 9816 � Guy (Pecora Holdings) � 6855 Mart Road � Area D.

MOVED Director Savage, SECONDED Director McNabb, that Development Permit No. 38 be amended to allow the metal storage shed and the two wooden shed additions to the warehouse to remain as situated on the property legally described as Lot 11, Plan 15245, District Lot 44, Wellington Land District, be approved as outlined in the conditions in Schedule No. 1.

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.

Mr. N. Ryder noted that he is living in the residence at 1120 Fabrick Drive without an occupancy permit but is unable to comply with Building Inspection regulations at this time as he is in the midst of a multi-party lawsuit.

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

CARRIED

MOVED Director McLean, SECONDED Director Stanhope, that a notice be filed pursuant to Section 700 of the Municipal Act and that if the infractions are not rectified within ninety (90) days, legal action will be pursued against the titles of the properties listed as follows:

  1. Lot B, Section 9, Range 3, Cedar Land District, Plan 15284, 2376 Yellowpoint Road, Electoral Area �A�, owned by D. MacDonald and M. Haines;
  2. Lot B, Section 6, Range 5, Cedar Land District, Plan 23525, 3171 De Courcy Drive, Electoral Area �A�, owned by B. & S. Spence;
  3. Lot 9, Section 22, Gabriola Island, Nanaimo Land District, Plan 33019, 470 Spruce Avenue, Electoral Area �B�, owned by G. Mackay.
  4. Lot 5 District Lot 85, Nanoose Land District, Plan 27557, 7478 Forest Turn, Electoral Area �D�, owned by K. and K. Bourcier;
  5. Lot 5, District Lot 78, Nanoose Land District, Plan VIP56437, 2492 Richard Place, Electoral Area �D�, owned by K. and C. Kruper;
  6. Lot 2, District Lot 79, Nanoose Land District, Plan 14576, 2655 Island Highway, Electoral Area �E�, owned by Inkahute Development Corporation;
  7. Lot 4, District Lot 6, Nanoose Land District, Plan 38573, 2536 Schirra Drive, Electoral Area �E�, owned by C. Monmart and W. Ogston;
  8. Lot 65, District Lot 29, Nanoose Land District, Plan 45632, 751 Arrowsmith Way, Electoral Area �E�, owned by R. and A. Cearns.

CARRIED

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

Lot 116, Nanoose Land District, Except parts in Plans 12149, 22878, 23750 and 27229, 1120 Fabrick Drive, Electoral Area �G�, owned by N. Ryder.

CARRIED

BYLAW ENFORCEMENT

Appointment of Animal Control Officer � Parksville/Qualicum Beach.

MOVED Director McGuffie, SECONDED Director McNabb, that Ms. Kim Acton be appointed as a Bylaw Enforcement Officer for the purpose of enforcing Regional District of Nanaimo Licensing and Control of Animals Bylaws.

CARRIED

PLANNING

AMENDMENT APPLICATIONS

Application No. ZA9808 � 509209 BC Ltd./Sims & Associates � Gainsburg Road � Area H.

MOVED Director Garnish, SECONDED Director McGuffie,:

  1. That application ZA9808 to amend the "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987" by amending the zoning for Part of Lot A, Plan 48840, District Lot 1 & 86, Newcastle District, from Residential 2 (RS2) to Residential 3 (RS3), be approved subject to compliance with conditions outlined in Schedule �A�.
  2. That the "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500.248, 1998", which rezones a portion of Lot A, Plan 48840, District Lot 1 & 86, Newcastle District, from Residential 2 (RS2) to Residential 3 (RS3), be given 1st and 2nd reading and proceed to public hearing to be chaired by the Director for Electoral Area �H� or his alternate.

CARRIED

DEVELOPMENT VARIANCE PERMIT APPLICATION

Application No. 9807 � Hutchinson & 497982 BC Ltd./Jerry Clark & Suzanne Hayley � 2425/2435 Myles Lake Road � Area C.

MOVED Director McNabb, SECONDED Director Stanhope, that Development Variance Permit No. 9807, submitted by Jerry Clark and Suzanne Hayley, on behalf of L. and R. Hutchinson and 497982 BC Ltd., which would provide for the subdivision of a non-contiguous parcel and vary the minimum setback requirement from 8.0 metres to 0.91 metres to permit the siting of an existing accessory building, be approved subject to the applicant entering into a Section 219 covenant restricting the number of dwelling units on the proposed bare land strata lots to one dwelling unit per parcel, and the notification procedure pursuant to the Municipal Act.

CARRIED

Application No. 9808 � School District No. 69/BCBC � 240 Bennett Road � Area G.

MOVED Director Luchtmeijer, SECONDED Director Stanhope, that Development Variance Permit No. 9808, submitted by BCBC on behalf of the Qualicum School District No. 69, requesting that the maximum height requirement pursuant to the "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987", be relaxed in order to accommodate an elementary school building, as shown on the submitted plans, subject to the notification procedure pursuant to the Municipal Act.

CARRIED

DEVELOPMENT PERMIT APPLICATION

Application No. 9807 � Jaco (Big Boy�s Toys) � 7373 Industrial Road � Area D.

MOVED Director Savage, SECONDED Director McNabb, that Development Permit 9807 to legalize an existing recreation vehicle sales and service business on the property legally described as Lot 13 and Lot 14, District Lot 44, Wellington District, Plan 15245, be approved subject to the conditions in Schedule �3�.

MOVED Director Savage, SECONDED Director Duncan, that the motion be amended to add the following to Schedule �3�:

6. No sales product may be displayed on public property."

CARRIED

The question was called on the main motion as amended.

The motion CARRIED.

OTHER

Kenary Cove Development Project � Yamoto Developments � Area A.

MOVED Director Garnish, SECONDED Director Savage, that the application by Yamoto Developments to amend the Electoral Area �A� Official Community Plan to designate a new village node including a residential/resort/golf course development be referred to the 1999 review process for the Regional Growth Management Plan.

MOVED Director McLean, SECONDED Director Stanhope, that the motion be amended to delete the words "a new village node including".

DEFEATED

The question was called on the main motion.

The motion CARRIED.

ADJOURNMENT

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

CARRIED

TIME: 8:51 PM