REGIONAL DISTRICT OF NANAIMO

MINUTES OF THE DEVELOPMENT SERVICES COMMITTEE
MEETING HELD ON TUESDAY, APRIL 20, 1999, 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 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

Alternate

Director J. Macdonald City of Parksville

Director B. Luchtmeijer Town of Qualicum Beach

Director L. Sherry City of Nanaimo

Director D. Rispin City of Nanaimo

Director G. Korpan City of Nanaimo

Director J. Little City of Nanaimo

Director L. McNabb City of Nanaimo

Director B. McGuffie City of Nanaimo

Also in Attendance:

K. Daniels Chief Administrative Officer

B. Lapham General Manager, Development Services

S. Schopp Manager, Building Inspection & Enforcement

N. Tonn Recording Secretary

DELEGATIONS

Vivian Wylie, Deep Bay Planning & Environmental Association, re Application for Exclusion from the ALR � Gainsberg Road and Island Highway � Area H.

Mr. Wylie spoke in opposition to the ALR exclusion at Gainsberg Road and Island Highway and urged the RDN to ensure the integrity of the fragile ecosystem prevalent to the east coast of Vancouver Island.

Helen Sims, Sims Associates, re Application for Exclusion from the ALR � Gainsberg Road and Island Highway � Area H.

Ms. Sims presented a short summary of her client�s application and noted that the proposed development falls within Goals 2, 4, 6 and 7 of the Regional Growth Management Plan. The Board was urged to approve Alternative No. 1 of the staff report.

Brian French, re Application for Exclusion from the ALR � Gainsberg Road and Island Highway � Area H.

Mr. French, RBF Land Resource Consultants Ltd., summarized the results of an agricultural study performed by his company on behalf of Deep Bay Ventures Ltd.

Robert Boyle, Robert Boyle Architecture Inc., re FLR Application No. 9901 � Lockwood Village � Area F.

Mr. Roger Parry, speaking on behalf of Mr. Robert Boyle and Mr. Lyle Price, made himself available for questions regarding FLR Application No. 9901.

MOVED Director McLean, SECONDED Director Stanhope, that the following late delegations be permitted to address the Committee.

CARRIED

Glenn Carey, re Amendment Application No. AA9812 � Radcliffe Development � 2300 Block East Island Highway � Area E.

Mr. Carey provided a brief update of Amendment Application No. AA9812 and requested the Board to grant the applicant a ninety day extension.

Julian Fell, re Electoral Area �F� Official Community Plan.

Mr. Fell stressed the necessity for further review of the Electoral Area �F� Official Community Plan by the Community Steering Committee. The Board was urged to allow the Steering Committee to continue under their original Terms of Reference.

Michael McBride, Parksville & District Chamber of Commerce, re Forest Land Reserve Application 9901 (Lockwood Alpine Village � Area F).

Mr. McBride, representing the Parksville & District Chamber of Commerce, spoke in support in principle of the Lockwood Alpine Village proposal.

Mike Carter, Pacific Rim Tourism, re Forest Land Reserve Application 9901 (Lockwood Alpine Village � Area F).

Mr. Carter was not in attendance.

Mike Blumel, Nanaimo Chamber of Commerce, re Forest Land Reserve Application 9901 (Lockwood Alpine Village � Area F)

Mr. Blumel noted that the Nanaimo Chamber of Commerce is unanimously in support of the proposed Lockwood Alpine Village project as it will have a positive economic impact on the entire area.

Nanaimo City Centre Association, re Forest Land Reserve Application 9901 (Lockwood Alpine Village � Area F).

A representative from the Nanaimo City Centre Association was not in attendance.

MOVED Director Holme, SECONDED Director Stanhope, that all the delegations be received.

CARRIED

MINUTES

MOVED Director Stanhope, SECONDED Director McGuffie, that the minutes of the regular Development Services Committee meeting held on March 16, 1999, be adopted.

CARRIED

UNFINISHED BUSINESS

FLR Application No. 9901 � Lockwood Village/Boyle � Alberni Highway � Area F.

MOVED Director Rispin, SECONDED Director Savage, that the application for exclusion of land from the FLR be supported in principle, subject to the conditions as outlined in Schedule 1.

A recorded vote was requested.

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

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.

It was noted that the following Section 700 filing has been resolved:

Lot 158, District Lot 44, Wellington District, (situated in Nanoose District), Plan 27557, 7432 Clark Crescent, Electoral Area �D�, owned by X. and C. Terris.

MOVED Director Holme, SECONDED Director Stanhope, that a notice be filed against the titles of the properties listed, 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:

  1. Lot 3, Section 15, Range 2, Cedar District, Plan 47749, 1740 Woobank Road, Electoral Area �A�, owned by B. Lajeunesse;
  2. Lot 1, Section 11, Range 1, Cedar District, Plan 23023, 2138 Furn Road, Electoral Area �A�, owned by K. and K. Abma;
  3. Lot 8, Section 6, Gabriola Island, Nanaimo District, Plan 31743, 1637 Peterson Road, Electoral Area �B�, owned by G. Koza and R. Gray;
  4. Lot 62, Section 13, Gabriola Island, Nanaimo District, Plan 21531, 705 South Road, Electoral Area �B�, owned by R. Reesor;
  5. Lot A (DD EJ100172), Block 12, District Lot 12, Range 2, Cranberry District, Plan 716A, 2111 Bramley Road, Electoral Area �C�, owned by D. McBryan;
  6. Section 15, Range 6, Mountain Land District, except Plan 13823 and 19910, that part lying N. of Millstone Creek, MFG Home Reg. No. Z01655, 2255 Maxey Road, Electoral Area �D�, owned by J. Lighthart;
  7. Lot 2, Block 668, Nanoose Land District, Plan VIP61371, 2700 Lana Road, Electoral Area �E�, owned by J. Vidal.

CARRIED

PLANNING

Application No. AA9812 � Radcliffe Development Corporation � 2300 Block East Island Highway � Area E.

MOVED Director Holme, SECONDED Director Garnish, that Application AA9812, by Radcliffe Development Corporation, be denied.

MOVED Director McNabb, SECONDED Director Savage, that this item be deferred for ninety days.

CARRIED

Application No. ZA9904 � Baker/Thompson � 3520 Jinglepot Road � Area D.

Director Savage requested the removal of Condition of Approval number 5 from Schedule 1.

MOVED Director Savage, SECONDED Director McNabb,:

  1. That Amendment Application ZA9904, submitted by Charles and Marion Baker, and Doreen Thompson to rezone the property legally described as Lot 3, Section 17, Range 3, Mountain District, Plan 13361, from Rural 1, Subdivision District �D� (RUID), to Rural 1, Subdivision District �F� (RU1F), be approved subject to the conditions outlined in amended Schedule 1.
  2. That the requirement for a Development Permit pursuant to Section 8.1 of the East Wellington � Pleasant Valley Official Community Plan be waived, provided restrictive covenants for the protection of the natural environment are secured, as outlined in amended Schedule 1, at the time of rezoning.

CARRIED

MOVED Director Savage, SECONDED Director McGuffie, that staff be directed to prepare a report for the Board regarding the use of "Return to Crown" as a condition of approval in amendment applications.

CARRIED

DEVELOPMENT PERMIT APPLICATION

Application No. 9903 � Seargeant/Fielding � 6852 Mart Road � Area D.

MOVED Director Savage, SECONDED Director Little, that Development Permit 9903 to legalize an existing storage shed, to permit recreational vehicle storage and to reduce the landscaping requirement on the property legally described as Lot 12, District Lot 44, Wellington District, Plan 15245 be approved subject to the conditions set out in Schedule 1.

CARRIED

Application No. 9904 � Big Boys Toys � 7373 Industrial Road � Area D.

MOVED Director Savage, SECONDED Director Stanhope, that Development Permit 9904, to legalize the existing use of the minimum setback area for the property legally described as Lots 13 and 14, Plan 15245, District Lot 44, Wellington District, for the storage of recreation vehicles, be approved subject to the conditions outlined in Schedule �2�.

CARRIED

Application 9905 � Marchant/Jorgensen � 3631 Dolphin Drive � Area E.

MOVED Director Rispin, SECONDED Director Holme, that Development Permit No. 9905 to establish one (1) dwelling unit on the property legally described as Lot 10, District Lot 78, Nanoose District, Plan 19688, be approved subject to the conditions outlined in Schedule �1�.

CARRIED

DEVELOPMENT VARIANCE PERMIT APPLICATION

Application No. 9903 � John � 2616 Barnes Road � Area A.

MOVED Director Garnish, SECONDED Director McNabb, that Development Variance Permit Application No. 9903, to vary the setback requirements of RDN Bylaw No. 500, 1987 for an accessory building housing livestock on the property legally described as Lot 1, Section 18, Range 3, Cedar District, Plan VIP55689, be approved as outlined in Schedule �1� and notification of adjacent property owners pursuant to the Municipal Act.

CARRIED

Application No. 9905 � Ludwig Dirnberger � 3482 Grilse Road � Area E.

MOVED Director Holme, SECONDED Director Garnish, that Development Permit 9905, to vary the interior side lot line setback from 2.0 metres to 0.0 metres and to vary the front lot line setback from 8.0 metres to 0.0 metres to allow for the construction and alteration of a retaining wall structure, be approved subject to conditions outlined in Schedule 1 and notification of adjacent property owners pursuant to the Municipal Act.

CARRIED

COMMUNICATIONS/CORRESPONDENCE

Additional Correspondence re Application for Exclusion from the ALR � Gainsberg Road and Island Highway � Area H.

Additional Correspondence re FLR Application No. 9901 � Lockwood Village � Area F.

MOVED Director McNabb, SECONDED Director Garnish, that the correspondence regarding an Application for Exclusion from the ALR and FLR Application No. 9901 be received for information.

CARRIED

OTHER

Application for Exclusion from the ALR � Gainsberg Road & Island Highway No. 39A � Area H.

MOVED Director Duncan, SECONDED Director McLean, that the application be supported in principle and referred to the Regional Growth Management Plan interim review, in order to consider a �net gain policy for agriculture�.

A recorded vote was requested.

The motion was DEFEATED with Directors Duncan, Rispin, McNabb, Savage and McLean voting in the affirmative and Directors Holme, Luchtmeijer, Little, Macdonald, Sherry, McGuffie, Savage, Korpan, Garnish and Hamilton voting in the negative.

MOVED Director Korpan, SECONDED Director Rispin, that the application be referred to the Regional Growth Management Plan interim review to include consideration of a �net gain policy for agriculture�.

CARRIED

City of Nanaimo Official Community Plan Amendment Bylaw Referral.

MOVED Director Sherry, SECONDED Director Rispin, that the referral of proposed amendments to the City of Nanaimo�s Official Community Plan (Amendment Bylaws 6000.021, 6000.022 and 6000.023) be supported subject to revision/clarification of the Urban Containment Boundary policy in Bylaw 6000.022, to ensure that it is consistent with the Regional Growth Management Plan.

CARRIED

Electoral Area �F� Official Community Plan Bylaw No. 1152.

MOVED Director McLean, SECONDED Director Stanhope, that the Electoral Area �F� Official Community Plan be referred back to the Electoral Area �F� OCP Review Committee for review prior to first reading.

DEFEATED

MOVED Director Garnish, SECONDED Director Macdonald,:

  1. That the summary of public and agency comments on the Electoral Area �F� Draft Official Community Plan Bylaw No. 1152, 1999 (Schedule 1), be received.
  2. That the correspondence on the Electoral Area �F� Draft Official Community Plan Bylaw No. 1152 (Schedule 2), be received.
  3. That "Regional District of Nanaimo Electoral Area �F� Official Community Plan Bylaw No. 1152, 1999" be granted 1st and 2nd reading.
  4. That "Regional District of Nanaimo Electoral Area �F� Official Community Plan Bylaw No. 1152, 1999" has been examined in conjunction with the Regional District of Nanaimo�s Capital Expenditure Plan and Liquid Waste Management Plan to ensure consistency between them.
  5. That "Regional District of Nanaimo Electoral Area �F� Official Community Plan Bylaw No. 1152, 1999" proceed to Public Hearing.

CARRIED

A recorded vote was requested.

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

MOVED Director Holme, SECONDED Director Garnish, that the holding of the Public Hearing with respect to "Regional District of Nanaimo Electoral Area �F� Official Community Plan Bylaw No. 1152, 1999" be delegated to Director McLean or his alternate.

CARRIED

Electoral Area �F� Official Community Plan Community Steering Committee.

MOVED Director Korpan, SECONDED Director Garnish, that the Community Steering Committee be directed to provide referral comments on "Regional District of Nanaimo Electoral Area �F� OCP Bylaw No. 1152, 1999" in accordance with the process outlined in Schedule 1.

MOVED Director McLean, SECONDED Director Savage, that the motion be amended to add the following to Schedule 1:

"6. The Community Steering Committee will reconvene to participate in the rezoning bylaw process."

MOVED Director McLean, that this item be tabled until such time as the legal ramifications regarding the rezoning bylaw process are known.

The motion failed for lack of a Seconder.

The question was called on the amendment.

The motion was DEFEATED.

The motion was called on the main motion.

A recorded vote was requested.

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

ADJOURNMENT

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

CARRIED

TIME: 9:21 PM