REGIONAL DISTRICT OF NANAIMO MINUTES OF THE DEVELOPMENT SERVICES COMMITTEE
MEETING HELD ON TUESDAY, JANUARY 18, 2000, AT 7:30 PM
IN THE CITY OF NANAIMO COUNCIL CHAMBERS,
455 WALLACE STREET, NANAIMO, BC

Present:

Director E. Hamilton Chairperson
Director L. Elliott Electoral Area A
Director B. Sperling Electoral Area B
Director D. Haime Electoral Area D
Director G. Holme Electoral Area E
Director J. McLean Electoral Area F
Director J. Stanhope Electoral Area G
Director R. Quittenton Electoral Area H
Director J. Macdonald City of Parksville
Director T. Westbroek Town of Qualicum Beach
Director L. Sherry City of Nanaimo
Director L. McNabb City of Nanaimo
Alternate
Director T. Beech City of Nanaimo
Director G. Korpan City of Nanaimo
Director T. Krall City of Nanaimo
Director B. Holdom City of Nanaimo

Also in Attendance:
K. Daniels Chief Administrative Officer
B. Lapham General Manager, Development Services
S. Schopp Manager, Inspection & Enforcement
F. McFarlane Recording Secretary

ELECTION OF DEPUTY CHAIRPERSON

MOVED Director Stanhope, SECONDED Director Sherry, that Director Holdom be elected Deputy Chairperson.
CARRIED

MINUTES

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

CORRESPONDENCE/COMMUNICATION

MOVED Director Stanhope, SECONDED Director Holdom, that the correspondence from Donald Wagner, re Development Permit Application No. 9919 be received for information.
CARRIED

MOVED Director McNabb, SECONDED Director Stanhope, that the correspondence from Gerd Voigt, re Development Permit Application No. 9918 be received for information.
CARRIED

UNFINISHED BUSINESS

From the December 14, 1999 Board Meeting:

Development Permit Application No. 9918 �Caillet Street Restaurant/de Beeld � 7143 Caillet Road � Area D.

MOVED Director Haime, SECONDED Director Krall, that Development Permit Application No. 9918, to facilitate the conversion of an accessory dwelling to a restaurant addition on the property legally described as Lot 2, District Lot 27G, Wellington District, Plan 36633 be approved with relaxation of the front yard (Caillet Road) setback from 8.0 metres to 0.5 metres and relaxation of the side yard setback (east property line) from 5.0 metres to 0.0 metres to allow for parking spaces.
CARRIED

MOVED Director Haime, SECONDED Director Holdom, that the motion with respect to Development Permit Application No. 9918 be subject to a landscape buffer being installed along the east (neighbouring) property line.
CARRIED

Development Permit Application No. 9919 � Pacific Shores Resort � 1600 Strougler Road � Area E.

MOVED Director Holme, SECONDED Director Stanhope, that the variances requested, with the exception of the variance for setback of the off-street parking area, as part of the proposed amendment to the corresponding development permit be approved subject to the conditions attached as Schedule 1, in addition to those conditions set out in the previous staff report.
CARRIED

Development Variance Permit Application No. 9912 � Williams/Morrison � 2086 Rolston Place � Area E.

MOVED Director Holme, SECONDED Director Stanhope, that Development Variance Permit Application No. 9912 to vary the minimum setback requirements of the Residential 1 (RS1) zone from 4.0 metres from the front lot line, 1.4 metres from the side lot line and 3.0 metres from other lot lines to legalize the location of existing retaining walls on the property legally described as Lot 45, District Lot 78, Nanoose District Plan VIP53134, be approved.
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.

It was noted that the following Section 700 filings have been resolved or withdrawn:

Lot 16, Section 25, Gabriola Island, Nanaimo District, Plan 14718, 801 Descanso Bay Road, Electoral Area �B�, owned by Sandra Clapham, Terry Easthom, Barbara Clarkson & Michael Easthom;

Parcel A (DD375779-I) of Lot 1, District Lot 53, Nanoose District, Plan 2910, except part in Plan 40250, 7708 Lantzville Road, Electoral Area �D�, owned by Sabine Taylor;

Lot 41, Block 586, NanooseDistrict, Plan 29314, 2608 Sea Blush Drive, Electoral Area �E�, owned by Mandy Makowsky.

It was noted that number 1 under Electoral Area �A� should be under Electoral Area �C�.

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

  1. Lot 1, Section 12, Range 2, Cranberry District, Plan 34763, 609 Chapman Road, Electoral Area �C�, owned by Bernard Dodd;

  2. That part of Lot 9, Section 17, Range 1, Cedar District, Plan 8843, Lying to the south of a boundary parallel to and perpendicularly distant 160 feet from the southerly boundary of said Lot 9, except parts in Plans 18064 and 19633, 1568 MacMillan Road, Electoral Area �A�, owned by Shari and Mark Poulsen;

  3. Lot A, Section 14, Range 1, Cedar District, Plan VIP55307, 1885 Starling Road, Electoral Area �A�, owned by Leslie Lindquist;

  4. Lot 111, Section 12, Gabriola Island, Nanaimo District, Plan 23435, 1155 McGillvary Avenue, Electoral Area �B�, owned by Joanne Horton;

  5. Lot 23, Section 21, Gabriola Island, Nanaimo District, Plan 12655, 230 Decourcey Drive, Electoral Area �B�, owned by David Brown;

  6. Lot 1, Section 15, Gabriola Island, Nanaimo District, Plan 25118, 1480 North Road, Electoral Area �B�, owned by Margaret Tait;

  7. Lot 81, District Lot 78, Nanoose District, Plan 15983, 3412 Blueback Drive, Electoral Area �E�, owned by Bruce McOuatt;

  8. Lot 1, Plan 28601, District Lot 10, Nanoose Land District, 1969 Northwest Bay Road, Electoral Area �E�, owned by Serena and Rob Wood

  9. Lot 2, District Lot 88, Nanoose District, Plan 36740, 1084 Ravensbourne Lane, Electoral Area �G�, owned by Debra Larsen, Albert Kiverago and Holiday Holdings Inc.

CARRIED

BYLAW ENFORCEMENT

Fire Damaged Mobile Home � 720 Barclay Crescent � Area G.

MOVED Director Stanhope, SECONDED Director Macdonald, that the report be received and that staff be directed to notify the property owner and bring forward a Structure Removal Bylaw to the next Board meeting.
CARRIED

PLANNING

DEVELOPMENT PERMIT APPLICATION

Application No. 9914, - Ciammaichella/MacDonnell � 7180 Lantzville Road � Area D.

MOVED Director Haime, SECONDED Director McLean:

  1. That the Board resolution of October 12, 1999 denying Development Permit Application 9914 be reconsidered.

  2. That Development Permit 9914 to establish a freestanding sign on the property legally described Lot 7, District Lot 27G, Wellington District, Plan 6757 be approved subject to the conditions outlined in Schedule 1.

CARRIED

Application No. 9920 � Guy (Pecora Holdings) � 6855 Mart Road � Area D.

MOVED Director Haime, SECONDED Director McLean, that Development Permit Application No. 9920, to vary the setback to the rear lot line of the Industrial 1 (IN1) zone from 5.0 metres to 0.0 metres to permit the proposed development of an addition on the property legally described as Lot 11, D.L. 44, Plan 15245, Wellington District, be approved as outlined in Alternative No. 1, subject to Schedule 1.
CARRIED

Application No. 9922 � Town of Qualicum Beach � 1000 Ravensbourne Lane � Area G.

MOVED Director Stanhope, SECONDED Director McNabb, that Development Permit Application No. 9922, to retroactively approve the removal of trees on the property legally described as Lot 2, District Lot 124, Nanoose District, Plan 42567, be approved.
CARRIED

Director Westbroek advised that the monies received from the sale of the trees removed will be used for habitat improvement.

DEVELOPMENT VARIANCE PERMIT

Application No. 9913 � Demsky � 3225 Decourcey Drive � Area A.

MOVED Director Elliott, SECONDED Director Krall, that Development Variance Permit Application No. 9913 to vary the minimum side yard setback requirements of the Rural 4 (RU4) zone from 8.0 metres to 3.43 metres to legalize the location of an existing dwelling and to permit the development of an addition to the dwelling on the property, legally described as Remainder Lot 1, Section 6, Range 5, Cedar District, Plan 22272, be approved as outlined in Alternative 1 on the condition that a relaxation to 3.43 metres for the existing dwelling be secured by the applicant from the Ministry of Transportation and Highways.
CARRIED

FRONTAGE RELAXATION

Request for 10% Frontage Relaxation � Potter/Foglietta � Myles Land Road and Fernwillow Place � Area C.

MOVED Director Stanhope, SECONDED Director Sperling, that the request from Fern Sharron Potter and Edlin Faye Foglietta, to relax the minimum 10% perimeter frontage requirement for proposed Remainder of Lot E as shown on the Plan of Proposed Subdivision of the Lot E, Section 9, Range 3, Cranberry District, Plan VIP57442, be approved in consideration of the applicants entering into Section 219 convenants to be at the applicants� expense.
CARRIED

OTHER

Life Lease Bylaw No. 1198 � Gabriola Garden Homes Society (Senior�s Affordable Housing Complex) � 500 Argyle Lane � Area B.

MOVED Director Sperling, SECONDED Director Stanhope:

That the request from Noel Lenaghan, on behalf of Gabriola Garden Homes Society, to consent to a lease greater than 20 years for the 24 unit senior�s affordable housing project at 500 Argyle Lane, Gabriola Island, be approved.

That "Regional District of Nanaimo Residential Tenancy Act Consent Bylaw No. 1198, 2000" be introduced and read 3 times.

That "Regional District of Nanaimo Residential Tenancy Act Consent Bylaw No. 1198, 2000" be adopted.
CARRIED

Bill 88 Implications on Advisory Planning Commissions. Areas A, C, D, E, G & H.

MOVED Director Holme, SECONDED Director Stanhope:

  1. That all Regional District of Nanaimo APC�s be disbanded and that "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987" be amended to repeal the applicable parts of Section 5.

  2. That the "Regional District of Nanaimo Impact Assessment Bylaw No. 1165, 1999" be amended to delegate the authority for requiring a public information meeting, prior to the Board�s consideration of applications for zoning amendments, development permits, and industrial or commercial temporary use permits, to the General Manager of Development Services.

  3. That an AVIM/UBCM resolution be forwarded requesting revisions to the Municipal Act or regulations by the Lieutenant Governor in Council to exempt APCs and the Board of Variance from public deliberations.

CARRIED

MOVED Director Macdonald, SECONDED Director Holme, that a letter be sent to the Ministry of Municipal Affairs noting the content of the resolution.
CARRIED

Director Korpan noted that City staff would be meeting with Jim Doyle, Secretary to the Minister of Municipal Affairs, on Thursday, January 20th, at 1:30 pm at the Coast Bastion Inn. Director Korpan invited any staff or representatives of the Regional District of Nanaimo to attend.

Electoral Area �F� Zoning Bylaw No. 1155 � Terms of Reference.

MOVED Director Holme, SECONDED Director Sherry that the Terms of Reference for the "Regional District of Nanaimo Electoral Area �F� Zoning Bylaw No. 1155" be approved, and staff be directed to proceed with the completion of the Area �F� Planning Project.

A recorded vote was requested.

The motion was CARRIED with Directors Holme, Hamilton, Holdom, Westbroek, Sherry, Haime, Sperling, Macdonald, McNabb, Elliott, Krall, Korpan, Beech and Stanhope voting in the affirmative and Directors Quittenton and McLean voting in the negative.

ALR Exclusion Application No. 9916 � Munro � 2701 Alberni Highway � Area F.

MOVED Director McLean, SECONDED Director Quittenton, that this item be tabled until the next Development Services meeting.
CARRIED

Referral from City of Parksville re Block 564 and District Lot 71 � MacMillan Bloedel (Weyerhaeuser) Lands.

MOVED Director Stanhope, SECONDED Director Sherry, that the correspondence from the City of Parksville with respect to Block 564 and District Lot 71, both of Nanoose District be received and staff be instructed to advise the City that the Regional District has official community plans, zoning regulations, subdivision standards and development application information requirements in place that the Regional District feels are adequate to address future related development issues.
CARRIED

AVIM

MOVED Director McNabb, SECONDED Director Sherry, that the Regional District of Nanaimo Board request the support of the Association of Vancouver Island Municipalities, (AVIM) and the Union of British Columbia Municipalities, (UBCM) to request the Ministry of Health add the following phrase to the bottom of all septic disposal permits approved and issued on Vancouver Island:

"The approval of the septic system and the issuance of this permit in no way relieves the owner or occupier of the responsibility of adhering to all other legislation which may apply to the land. This includes Agricultural Land Commission and Forest Land Commission regulations as well as zoning, subdivision, or other land use bylaws, and decisions of any authorities which have jurisdiction."
CARRIED

ADJOURNMENT

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

TIME: 8:12 PM

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CHAIRPERSON