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:
K. Daniels Chief Administrative Officer
B. Lapham General Manager, Development Services
S. Schopp Manager, Inspection & Enforcement
P. Shaw Manager, Community Planning
N. Tonn Recording Secretary
DELEGATIONS
MOVED Director Krall, SECONDED Director Stanhope, that in recognition of the large number of delegations requesting to appear on this evening�s Agenda:
CARRIED
MOVED Director Sherry, SECONDED Director Stanhope, that Allen Watson be added to the list of late delegations.
CARRIED
Sue Mitchell, re Rezoning Application � Weber/Qualicum Pet Care � 1670 Rodgers Road � Area G.
Ms. Mitchell raised her concerns regarding the effect a dog kennel would have on the living environment of the area. Written material and pictures were distributed to the Committee members for their information.
Louis Lapi, re Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.
Mr. Lapi, Galloway Road off of Spruston, provided a history of Spruston Enterprises� efforts to remain at Cassidy Speedway and noted that the rights of the applicant have been put ahead of those of the residents.
Jim Pelk, Capital City Kart Club, re Special Events Permit � Spruston Enterprises Ltd. � Area C.
Mr. Pelk, 8682 Stirling Arm Drive, Port Alberni, reviewed past decisions of the Board reported in previous minutes and noted that the racing community has attempted to address the concerns of both the Board and the residents.
Jerry Krull, re Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.
Mr. Krull, 767 Bowman Avenue, Nanaimo (property owner at 2890 Riverbend Road) provided a short history of the area and Hub City Lockers, noting the many changes made by the government regarding the classification of the Spruston property. The Board was urged to support the rezoning application by Spruston Enterprises and failing that, approve eight special event permits for this season.
Brian Senini re Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.
Mr. Senini was not in attendance.
Robert Garrett, re Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.
Mr. Garrett, Doole Road off of Yellowpoint Road, speaking as a resident of the area rather than in his capacity as solicitor to Spruston Enterprises, referred to the legislation which changed the legality of the Spruston property and urged the Board to review all the issues and approve a rezoning of the property which would be satisfactory to both the applicant and the residents.
Joe Pullen, re Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.
Mr. Pullen, 1949 Swayne Road, Errington (property owner on Spruston Road) addressed concerns with traffic control and noise levels and noted that racing has had a more beneficial than adverse effect on the area. Information was also distributed to the Committee members.
John Walker, re Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.
Mr. Walker, 2224 Jingle Pot Road, Nanaimo, spoke positively of the go-kart program at Cassidy Speedway and the learning skills obtained by youngsters involved in construction of go-karts and the racing of them.
Gary Cayer, re Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.
Mr. Cayer, 3645 Trans Canada Highway, Duncan, spoke in support of Spruston Enterprises� application and noted that it is a family oriented organization that supports the mid island area�s needs. Mr. Cayer noted that with cooperation, concerns of all parties can be dealt with reasonably.
Gerry Krall, re Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.
It was noted that this is a duplication of name.
Debbie Bigham, re Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.
Scott Bigham, 10992 Oriole Lane, Saanich, spoke on behalf of his wife. Mr. Bigham stressed the need for a sport such as racing for our children and future generations.
Fred Stevens, re Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.
Mr. Stevens was not in attendance.
Cal Linquest, re Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.
Mr. Linquest, 2053 Lakeside Drive, Nanaimo, spoke of his experiences with racing and stressed the need for racing in the community for young people and adults alike.
LATE DELEGATIONS
MOVED Director Rispin, SECONDED Director Krall, that the following late delegations be permitted to address the Committee.
CARRIED
Allen Watson, re Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.
Mr. Watson, 2585 Miles Lake Road, spoke in opposition to the rezoning application submitted by Spruston Enterprises and urged the Board to seek more residential input before making any decision as to the rezoning or any application for special event permits.
Judi Smith, re Spruston Enterprises Ltd. and MacMillan Bloedel Limited � Spruston Road � Area C.
Ms. Smith, 1455 Spruston Road, spoke in opposition of Cassidy speedway citing the negative effect its existence for the last several years has made on this residential area.
Kate Khan, re Spruston Enterprises Ltd. and MacMillan Bloedel Limited � Spruston Road � Area C.
Ms. Khan, Limberlost Road, cited incidents of harassment made towards residents of the area by racing enthusiasts at past meetings and on occasion during past racing seasons.
Elise Hoy, re Spruston Enterprises Ltd. and MacMillan Bloedel Limited � Spruston Road � Area C.
Ms. Hoy, a Spruston Road resident for twenty years, spoke in opposition to Cassidy Speedway and urged the Board to consider the financial investment of the residents in the area and to encourage the racers to find another location to race.
Judy Wilson, re Spruston Enterprises Ltd. and MacMillan Bloedel Limited � Spruston Road � Area C.
Ms. Wilson, 230 Mary�s Turnaround, raised her concerns with the noise level during racing events and the limitations this puts on the planning of residential events.
Patricia Britt, re Spruston Enterprises Ltd. and MacMillan Bloedel Limited � Spruston Road � Area C.
Ms. Britt, 3087 Britt Road, reiterated other residents� concerns with respect to the noise problems and Spruston Enterprises� aggressive plans to promote racing in the area.
Ruth Matson, re Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.
Ms. Matson, a resident of 2940 Riverbend Road for 18 years, presented a history of her family�s involvement in other sports and its importance to children as well as adults. Ms. Matson urged the Board to support the CVRD Recreation Park as a possible relocation for M.I.A.R.A.
Jerry Zvekich, re Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.
Mr. Zvekich, 2700 White Rapids Road, spoke in opposition to Spruston Enterprises� request for rezoning and urged the Board to deny their application.
Barbara Ashmead, re Weber/Qualicum Pet Care � 1670 Rodgers Road � Area G.
Ms. Ashmead provided a petition signed by residents of the area in support of the dog kennel application and provided information respecting the choice of location for the kennel and the research done to find the most suitable kennel construction plan which would promote soundproofing.
Hanna Saefkow, re Weber/Qualicum Pet Care � 1670 Rodgers Road � Area G.
Dr. Saefkow spoke in favour of the proposed dog kennel citing the excellent planning of the building structure.
Richard Johnson, re Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.
Mr. Johnson, a resident of Galloway Road since 1969, provided a history of the area as it reflects on ALR regulations and urged the Board to deny Spruston Enterprises� rezoning application.
Jennifer Hubbard, re Weber/Qualicum Pet Care � 1670 Rodgers Road � Area G.
Ms. Hubbard, 4585 Mapleguard Drive, Qualicum Bay, spoke in favour of the proposed Qualicum Pet Care dog kennel as a necessary service for the area, a source of economic opportunity and a positive source of intangible benefits to the community.
Director Holme, SECONDED Director Sherry, that the delegations be received.
CARRIED
MINUTES
MOVED Director Sherry, SECONDED Director McNabb, that the minutes of the regular Development Services Committee meeting held on March 21, 2000, be adopted.
CARRIED
CORRESPONDENCE/COMMUNICATION
Dan Prince, re Section 700 Filing � 2005 Rena Road � Area E.
MOVED Director McNabb, SECONDED Director Stanhope, that the correspondence from Dan Prince with respect to a Section 700 filing against the property at 2005 Rena Road be received for information.
CARRIED
James Gilding, re Section 700 Filing � 850 View Road � Area E.
MOVED Director McNabb, SECONDED Director Stanhope, that the correspondence from James Gilding with respect to a Section 700 filing against the property at 850 View Road be received for information.
CARRIED
Wendy and Stephen Potter, re Weber/Qualicum Pet Care � 1670 Rodgers Road � Area G.
MOVED Director McNabb, SECONDED Director Stanhope, that the correspondence from Wendy and Stephen Potter with respect to Amendment Application No. ZA0002 be received for information.
CARRIED
Lynn Reeve, re Weber/Qualicum Pet Care � 1670 Rodgers Road � Area G.
MOVED Director McNabb, SECONDED Director Stanhope, that the correspondence from Lynn Reeve with respect to Weber/Qualicum Pet Care�s application be received for information.
CARRIED
Georgina Garrow, re Weber/Qualicum Pet Care � 1670 Rodgers Road � Area G.
MOVED Director McNabb, SECONDED Director Stanhope, that the correspondence from Georgina Garrow with respect to Amendment Application No. ZA0002 be received for information.
CARRIED
A. Van Kerkoerle, re Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.
MOVED Director McNabb, SECONDED Director Stanhope, that the correspondence from A. Van Kerkoerle with respect to the Spruston Enterprises rezoning application, be received for information.
CARRIED
P. Van Kerkoerle, re Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.
MOVED Director McNabb, SECONDED Director Stanhope, that the correspondence from P. Van Kerkoerle with respect to the Spruston Enterprises rezoning application, be received for information.
CARRIED
Lauren, Alexandra, Ian and Leslie Krull, re Spruston Enterprises Ltd. and MacMillan Bloedel Ltd. � Spruston Road � Area C.
MOVED Director McNabb, SECONDED Director Stanhope, that the correspondence from Lauren, Alexandra, Ian and Leslie Krull with respect to Cassidy Speedway be received for information.
CARRIED
UNFINISHED BUSINESS
From the Board Meeting held April 11, 2000.
Application No. ZA9906 � Spruston Enterprises/MacMillan Bloedel Ltd. � Spruston Road � Area C.
MOVED Director McLean, SECONDED Director McNabb,
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:
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)
Director Holdom noted that the burden is on the people wishing to forward this application to public hearing and that the question should be on the land issue and not the sport of racing.
Chairperson Hamilton called upon Vice Chairperson Holdom to chair the meeting to allow her to take part in debate on Application ZA9906.
A request was made for a recorded vote.
MOVED Director Krall, SECONDED Director Rispin, that the motion be amended to be considered as a special event application for the year 2000 only.
The Chair declined this motion as it does not pertain to the zoning motion on the table.
MOVED Director Krall, SECONDED Director Rispin that the ruling of the Chairperson be challenged.
Director Krall spoke to the challenge.
The Chairperson spoke to the challenge.
The question was called on the Chairperson�s ruling to be sustained.
The motion CARRIED.
The question was called on the main motion.
The motion was DEFEATED with Directors McNabb, Krall, McLean and Rispin voting in the affirmative and Directors Holme, Hamilton, Quittenton, Westbroek, Sherry, Haime, Sperling, Macdonald, Holdom, Elliott, Korpan and Stanhope voting in the negative.
MOVED Director Krall, SECONDED Director Rispin, that the application be considered as a special event permit application for the year 2000 only, subject to conditions as outlined in Schedule �3� which would limit operations 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).
A recorded vote was requested.
The motion was DEFEATED with Directors Sperling, McNabb, Krall, McLean and Rispin voting in the affirmative and Directors Holme, Hamilton, Quittenton, Westbroek, Sherry, Haime, Macdonald, Holdom, Elliott, Korpan and Stanhope voting in the negative.
MOVED Director Sherry, SECONDED Director Krall, that the Board reconfirm its position with respect to direction to staff in the continuation of assistance to Spruston Enterprises Ltd. in trying to find an alternative site and to report back to the June Development Services Committee.
CARRIED
Director Hamilton returned to the Chair.
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 withdrawn:
Lot 1, Section 14, Range 4, Cedar District, Plan 26045, 1841 Shasta Road, Electoral Area �A�, owned by Estevan Engineering Ltd.
Tracey Prince noted that she and her husband are in the process of rectifying any outstanding issues with their property and requested that the Board delay filing on the property until June 30th.
MOVED Director Krall, SECONDED Director Rispin, 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:
PLANNING
AMENDMENT APPLICATIONS
Amendment Application No. ZA0002, - Weber/Qualicum Pet Care � 1670 Rodgers Road � Area G.
MOVED Director Stanhope, SECONDED Director Holme, that Amendment Application No. ZA0002 by Weber/Qualicum Pet Care to rezone the property at Lot 5, D.L. 80, Newcastle District, Plan 1969 from Rural 1 (RU1) to Rural 2 (RU2) be denied.
CARRIED
DEVELOPMENT VARIANCE PERMIT
Application No. 0003 � Aird � 2892 Dolphin Drive � Area E.
MOVED Director McNabb, SECONDED Director Holme, that Development Variance Permit Application No. 0003 to vary the maximum accessory building height requirement of the Residential 1 zone from 6.0 metres to 7.31 metres in order to permit the construction of an accessory building on the property legally described as Lot B, District Lot 137, Nanoose District, Plan VIP57840, be approved subject to the notification requirements pursuant to the Municipal Act.
CARRIED
OTHER
Development Permit Fee Structure Amendments � Bylaw No. 500.260.
MOVED Director Quittenton, SECONDED Director Holdom,:
IN CAMERA
MOVED Director Stanhope, SECONDED Director Rispin, that pursuant to Section 242.2(1)(h) of the Municipal Act the Committee proceed to an In Camera Meeting to consider items related to potential litigation.
CARRIED
ADJOURNMENT
MOVED Director Sherry, SECONDED Director Haime, that this meeting terminate.
CARRIED
TIME:10:55 PM
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CHAIRPERSON