REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE DEVELOPMENT SERVICES COMMITTEE
MEETING HELD ON TUESDAY, FEBRUARY 15, 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
Director D. Rispin City of Nanaimo
Director G. Korpan City of Nanaimo
Director T. Krall City of Nanaimo
Director B. Holdom City of Nanaimo

Also in Attendance:
B. Lapham General Manager, Development Services
S. Schopp Manager, Inspection & Enforcement
N. Tonn Recording Secretary

DELEGATIONS

Allen Looy, re ALR Exclusion Application No. 9916 � Munro � 2701 Alberni Highway � Area F.

Mr. Looy noted the depletion of farms in Errington over the past years. Thirteen farms which were in existence in the past have depleted to three today due mainly to changing economic conditions within the dairy industry. The farming industry is no longer a sustainable industry on Vancouver Island. Mr. Looey urged the committee to approve exclusion from the ALR.

Reg Nosworthy, re ALR Exclusion Application No. 9916 � Munro � 2701 Alberni Highway � Area F.

Mr. Nosworthy noted that changes to the use of Mr. Munro�s property were started prior to the implementation of the OCP and urged the Board to approve exclusion of this property from the ALR. Mr. Nosworthy also proposed that a sub-committee be formed in Electoral Area �F� comprised of members of the Board and the community to review the OCP to produce a viable answer to problems which have arisen since the implementation of the OCP.

R.A. St. Louis, re ALR Exclusion Application No. 9916 � Munro � 2701 Alberni Highway � Area F.

Mr. St. Louis urged the Board to review this application as an exceptional case and to deal with it individually. Mr. St. Louis also urged the Board to consider a third recommendation which would have the Board accept the ALC�s decision without any input from the Regional District.

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

Mr. Munro distributed soil reports to all Committee members and provided background information on his property. Mr. Munro also noted that a large number of properties surrounding his are commercial based although they are on ALR lands.

Julian Fell, re ALR Exclusion Application No. 9916 � Munro � 2701 Alberni Highway � Area F.

Mr. Fell raised his concerns regarding the lack of broadbased public approval in the implementation process of the Electoral Area �F� OCP and its focus on ideology rather than reality.

Doug Schug, re ALR Exclusion Application No. 9916 � Munro � 2701 Alberni Highway � Area F.

Mr. Schug noted that Mr. Munro�s property is not viable farming land and should be excluded from the ALR. He urged the Board to approve exclusion of this property from the ALR and to look more to the community for information in the future to voice the wishes of the electorate.

Sue Banasky, re Application No. ZA9906 � Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.

Mrs. Banasky, speaking as a sponsor, advertiser and fan of racing, stressed the need for fairness, compromise and positive communication between all parties concerned. The Board was urged to support Schedule 2 as presented in the staff report.

Don Patterson, re Application No. ZA9906 � Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.

Mr. Patterson spoke in support of Mountainaire campsites and the Cassidy Speedway as a source of economic growth in the community and as a safe interest for the community�s younger generation.

Bill Baker, re Application No. ZA9906 � Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.

Mitch Goldberg, speaking on behalf of Mr. Bill Baker and Baker Supplies, spoke in support of the Cassidy Speedway.

Jim Pelk, re Application No. ZA9906 � Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.

Mr. Pelk presented a short update regarding improvements of Cassidy Speedway and stressed Spruston�s serious intentions for continual improvement of conditions in the area. Spruston Enterprises is in support of Schedule 2 of the staff report but would also support Schedule 3 with a few minor changes.

LATE DELEGATIONS

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

CARRIED

Steve Chomolok, re ALR Exclusion Application No. 9916 � Munro � 2701 Alberni Highway � Area F.

Mr. Chomolok raised his concerns regarding allowing the exclusion of this property. He asked the Board how future property owners would be protected if a precedent was set at this time in allowing exclusion of a property from the ALR.

W. Williams, re ALR Exclusion Application No. 9916 � Munro � 2701 Alberni Highway � Area F.

Mr. Williams noted the improvements Mr. Munro has made to the property requesting exclusion and reiterated other delegate�s requests to approve the exclusion of the property at 2701 Alberni Highway from the ALR.

Carol Neville, re ALR Exclusion Application No. 9916 � Munro � 2701 Alberni Highway � Area F.

Ms. Neville spoke in support of the exclusion of the property at 2701 Alberni Highway from the ALR and noted the number of existing businesses operating in contravention of ALR regulations.

Kate Khan, re Application No. ZA9906 � Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.

Ms. Khan was not in attendance.

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

CARRIED

MINUTES

MOVED Director Rispin, SECONDED Director McNabb, that the minutes of the regular Development Services Committee meeting held on January 18, 2000, be adopted.
CARRIED

CORRESPONDENCE/COMMUNICATION

Dan Whiting, School District 69, re School Site Acquisition Charge Regulation.

MOVED Director Stanhope, SECONDED Director Holdom, that the correspondence from Dan Whiting, regarding school site acquisition charge regulation, be received for information.
CARRIED

Petition re Spruston Enterprises Ltd. (Cassidy Speedway) Rezoning Proposal.

MOVED Director Korpan, SECONDED Director Elliott, that the petition from area residents distributed to Committee members regarding Spruston Enterprises Limited�s rezoning proposal, be received for information.

CARRIED

UNFINISHED BUSINESS

From the January 18, 2000 DSC Meeting:

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

MOVED Director McLean, SECONDED Director Stanhope, that the Regional District of Nanaimo Board support the application for exclusion from the ALR of Lot 2, District Lot 143, Nanoose District, Plan VIP65354.

MOVED Director Holme, SECONDED Director Krall, that the motion be amended to include "on condition of removal of signs (third party signs located along the frontage of the property).

CARRIED

The question was called on the main motion as amended.

The motion CARRIED.

MOVED Director Quittenton, SECONDED Director McNabb, that:
WHEREAS there is now compelling evidence that agriculture is no longer economically viable on Vancouver Island;
AND WHEREAS land held in an uneconomic state may be impeding the economic development of Vancouver Island;
BE IT RESOLVED that the Regional District of Nanaimo solicit the Minister of Agriculture to review the pertinence of the ALR Act to Vancouver Island.

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 Holme, 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 B, Section 19, Range 2, Cedar District, Plan 35767, 1322 White Road, Electoral Area �A�, owned by R. and D. Irvine;
  2. Lot 3, Section 6 and of Lot 1, Gabriola Island, Nanaimo District, Plan 25832, 2960 McDonald Road, Electoral Area �B�, owned by P. and C. Phinney;
  3. Lot 16, Section 3, Gabriola Island, Nanaimo District, Plan 23476, 1930 South Road, Electoral Area �B�, owned by W. and E. Fitzpatrick;
  4. Lot 1, Section 12, Gabriola Island, Nanaimo District, Plan 26561, 1070 Conville Road, Electoral Area �B�, owned by D. and K. Sears;
  5. Lot 2, Section 19, Gabriola Island, Nanaimo District, Plan 25487, 945 Horseshoe Road, Electoral Area �B�, owned by J. and B. Moorecroft;
  6. Lot 5, Section 18, Gabriola Island, Nanaimo District, Plan VIP51655, 625 Horseshoe Road, Electoral Area �B�, owned by L. and J. O�Hara;
  7. Parcel A (DD 4495N), Section 13, Range 2, Cranberry District, Plan , 2090 Bramley Road, Electoral Area �C�, owned by M. Bilodeau;
  8. Lot 1, District Lot 85, Nanoose District, Plan VIP61472, 7600 Fernmar Road, Electoral Area �D�, owned by A. Steele;
  9. Lot 16, Section 7, Wellington District, Plan 26447, 7126 Blackjack Drive, Electoral Area �D�, owned by J. and G. Starling;
  10. Lot 7, District Lot 46, Wellington District, Plan 22829, 7060 Arbutus Crescent, Electoral Area �D�, owned by R. and L. Moody;
  11. Lot 25, District Lot 177 and Block 668, Nanoose District, Plan 33913, 1831 Morello Road, Electoral Area �E�, owned by R. and K. White;
  12. Lot 70, District Lot 78, Nanoose District, Plan 15983, 3461 Blueback Drive, Electoral Area �E�, owned by D. and M. Best;
  13. Lot 5, Block 586, Nanoose District, Plan 29314, 2475 Sea Blush Drive, Electoral Area �E�, owned by J. Davis;
  14. Lot 4, Block 586, Nanoose District, Plan 33977, 1697 Admiral Tryon Boulevard, Electoral Area �G�, owned by D. and L. Preston.

CARRIED

Chairperson Hamilton called upon Vice Chairperson Holdom to chair the meeting to allow her to take part in debate on the next item.

PLANNING

AMENDMENT APPLICATION

Application No. ZA 9906, - Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.

MOVED Director Hamilton, SECONDED Director Sherry, that the application be denied as submitted and that staff be directed to proceed with enforcement of the court order to restrict any further motor sport racing on the property and to remove any related improvements or facilities.

A recorded vote was requested.

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

MOVED Director McLean, SECONDED Director McNabb, that the application be approved as submitted.

A recorded vote was requested.

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

MOVED Director Holme, SECONDED Director Stanhope,:

  1. That Application No. 9906 by Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. to amend the "Regional District of Nanaimo Bylaw No. 500, 1987" by changing the zoning designation for the properties legally described on Schedule �3� from Rural and Resource Management zoning to a new Spruston Comprehensive Development Zone created specifically for the subject properties be approved subject to the conditions as outlined in Schedule �3� to be amended as follows:

3. Operations are limited to 16 weekends per season with an allowance that three of these events be permitted to operate as 3 day events (Friday, Saturday and Sunday).

    1. Drag strip to remain unpaved unless a school district volunteer group was able to finance paving for their use.

19. No construction of a return road at the drag strip will be permitted, subject to further discussion.

  1. That "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.258, 2000" be given 1st and 2nd reading and proceed to a Public Hearing.
  2. That the Public Hearing be chaired by the Director for Electoral Area �C�, Director Hamilton, or her alternate.
  3. That staff be directed to prepare a legal agreement to secure the works listed in the amended Schedule �3�.

CARRIED

MOVED Director Krall, SECONDED Director Sherry, that amended numbers 18 and 19 of Schedule 3 remain as originally presented, as follows:

    1. Drag strip to remain unpaved.

19. No construction of a return road at the drag strip will be permitted.

CARRIED

Chairperson Hamilton resumed the Chair.

DEVELOPMENT VARIANCE PERMIT

Application No. 0001 � Whittall/Island Straits � 3840 Amberwood Lane � Area E.

MOVED Director Holme, SECONDED Director Stanhope, that Development Variance Permit Application No. 0001, to vary the minimum setback requirements of the Residential 1 (RS1) zone from 2.0 metres to 0.0 metres for the side lot line and from 5.0 metres to 0.0 metres for the �other� lot line to facilitate the construction of a 2.6 metre high entrance gate on the property legally described as Lot 9, District Lot 78, Nanoose District, Plan 47638, be approved subject to conditions in Schedule 1.
CARRIED

OTHER

Home Based Business Provisions.

MOVED Director Haime, SECONDED Director Stanhope, that this item be referred back to a future Development Services Committee meeting to allow for further review.
CARRIED

Forest Land Reserve Exclusion Application No. 9902 � Qualicum Farms � Rupert Road � Area G.

MOVED Director Stanhope, SECONDED Director Holdom, that the application for exclusion of the property legally described as the Remainder of Plan 310-R of District Lot 78, Newcastle Land District from the FLR be denied; however, the Regional District recommends that the Forest Land Commission consider a proposal to subdivide the subject property into three parcels in the form as presented in Schedule 1.
CARRIED

ADJOURNMENT

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

TIME: 10:17 PM

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CHAIRPERSON