REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE DEVELOPMENT SERVICES COMMITTEE
MEETING HELD ON TUESDAY, JUNE 20, 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 R. Cantelon 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
P. Shaw Manager, Community Planning
S. Schopp Manager, Inspection & Enforcement
N. Tonn Recording Secretary

DELEGATIONS

Sandra Verley, re ALR Issue – Swayne & Station Roads – Area F.

Ms. Verley spoke in opposition to the flying of model airplanes on ALR property. Forty-eight signatures have been collected on a petition in opposition to the activity, and asks the Board to bring forward a bylaw which would protect the farming properties in the area from such activity on ALR land.

PRESENTATIONS

Lawrence Glaister, property owner, re ALR Issue – Swayne & Station Road – Area F.

Mr. Glaister presented a short summary of the activities on his property and provided the committee with a copy of a letter he has sent to the ALR as well as the rules and regulations which are in place for the flying of model aircraft on his property.

Bill Rollins, President, Parksville Flying Club, re ALR Issue – Swayne & Station Road – Area F.

Mr. Rollins made himself available for any questions from the Committee members with regard to the practices of the Parksville Flying Club and their use of the property at Swayne and Station Road.

MOVED Director Holme, SECONDED Director McLean, that the delegation and presentations be received.

CARRIED

MINUTES

MOVED Director Sherry, SECONDED Director Stanhope, that the minutes of the regular Development Services Committee meeting held on May 16, 2000, be adopted.
CARRIED

UNFINISHED BUSINESS

From the June 13, 2000 Board Meeting.

ALR Issue – Swayne & Station Roads – Area F.

The Manager of Community Planning noted that the Regional District has no jurisdiction over the activity currently in progress on the property in Electoral Area ‘F’.

MOVED Director Holdom, SECONDED Director McNabb, that both parties be encouraged to meet and come to an agreement over the flying of model aircraft on the property and that if mediation is requested, it will be provided by the District.

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 Korpan, that a notice be filed against the title of the property 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 12, District Lot 88, Nanoose District, Plan VIP65008, 809 Norwood Place, Electoral Area ‘G’, owned by P. and M. Kostadinov.

CARRIED

Unsightly Premises – 3030 Barnes Road – Area A.

MOVED Director Krall, SECONDED Director Holme, that should this matter not be rectified by July 11, 2000, pursuant to the "Unsightly Premises Regulatory Bylaw No. 1073, 1996", the Board directs the owners of the above property to remove from the premises those items as set out in the attached resolution within fourteen (14) days, or the work will be undertaken by the Regional District’s agents at the owners’ cost.

CARRIED

PLANNING

AMENDMENT APPLICATIONS

Application No. 0005 – Ciammaichella/I~Land Professional Property Services – 6430 Phantom Road – Area D.

MOVED Director Haime, SECONDED Director Krall,:

  1. That Application ZA0005, submitted by I~Land Professional Property Services on behalf of Ciammaichella to amend the "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987" by changing the zoning designation for the northerly 0.859 ha portion of the property legally described as Lot 8, Block 389, Wellington District, Plan VIP53736 and situated on Aulds Road, from Rural 1 (RU1), Subdivision District ‘D’, to Residential 1 (RS1), Subdivision District ‘K’, be approved, subject to the conditions outlined in Schedule 1.
  2. That "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.262, 2000" be given 1st and 2nd reading and proceed to Public Hearing.
  3. That the Public Hearing be chaired by the Director for Electoral Area ‘D’, Director Haime, or her alternate.

CARRIED

DEVELOPMENT PERMIT APPLICATIONS

Application No. 0009, - Keith Brown on behalf of Gregson & Sons Contracting – 1930 Balsam Road – Area A.

MOVED Director Krall, SECONDED Director Elliott,:

  1. That the amendments to the Section 219 Covenant Document No. EM076479 as set out in Schedule No. 2 of the corresponding staff report, be approved.

2, That Development Permit No. 0009 be approved subject to the conditions outlined in Schedule No. 1, of the corresponding staff report and to the notification procedure subject to the Municipal Act with respect to the proposed variances to Bylaw No. 500.
CARRIED

Application No. 0012 – Brooks/Fern Road Consulting Ltd. – 3366 Rockhampton Road – Area E.

MOVED Director Holme, SECONDED Director Sherry, that Development Permit Application No. 0012 to facilitate the development of a single family dwelling in the Watercourse Protection Development Permit Area, including variances to "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987" consisting of varying the minimum setback requirements of the Residential 1 (RS1) zone from 8.0 metres to 5.99 metres, varying the minimum setback requirements from the top of bank of a watercourse from 9.0 metres to 0.0 metres, and varying the Residential 1 (RS1) zone maximum permitted height of a structure from 8.0 metres to 9.3 metres on the property legally described as Lot 20, District Lot 30, Nanoose Land District, Plan VIP57407 be approved, subject to the conditions outlined in Schedule ‘1’ as amended to delete item four.

CARRIED

DEVELOPMENT VARIANCE PERMIT

Application No. 0007 – Fairwinds Development – Andover Road – Area E.

MOVED Director Holme, SECONDED Director Stanhope, that the request from David Scott, on behalf of 3170497 Canada Inc., commonly known as Fairwinds Development, to relax the minimum 10% perimeter frontage requirement for Proposed Lots 1, 15, 16, 17 and 18, and to vary the parcel averaging provisions pursuant to Section 7.4.4 of Bylaw No. 500, as shown on the Plan of Proposed Subdivision of Phase 7B and 7C of the Fairwinds Development, be approved subject to notification procedures pursuant to the Municipal Act.

CARRIED

FRONTAGE RELAXATION

Susan Gunnarson on behalf of the Committee of the Estate of Elsie Brockley – Sunnybeach Road and Island Highway – Area H.

MOVED Director Quittenton, SECONDED Director Sherry, that the request from Susan Gunnarson, on behalf of the Committee of the Estate of Elsie Brockley, to relax the minimum 10% perimeter frontage requirement for the proposed Remainder of Lot 2, as shown on the Plan of Proposed Subdivision of the Lots 1 and 2, District Lot 33, Newcastle District, Plan 43098, be approved.
CARRIED

OTHER

Proposed Boundary Expansion – Town of Qualicum Beach – Area G.

MOVED Director Quittenton, SECONDED Director Stanhope, that the Town of Qualicum Beach be requested to hold a public information meeting(s) with area residents from Electoral Area ‘G’, and to submit recommendations on how potential concerns will be addressed, prior to the RDN considering comments on the proposed boundary expansion.

CARRIED

Director Stanhope, speaking on behalf of the area residents, requested that it be noted in the minutes that he is in opposition to this approximate one mile intrusion into Electoral Area ‘G’.

Spruston Enterprises Ltd.

Director Holdom requested that the staff recommendations be dealt with in seriatum.

MOVED Director McLean, SECONDED Director Holme, that the application to the Ministry of Transportation and Highways and BC Assets and Lands to obtain a transfer in title of occupation for a portion of the Remainder of Lot A, Plan 2323, District Lot 92, Newcastle Land District for the relocation of the motorsport facilities commonly known as the Cassidy Speedway be referred back to staff for sixty days to allow for further consultation and further study into additional possible sites, and that a report be submitted to the following Development Services Committee meeting.

CARRIED

MOVED Director Krall, SECONDED Director Stanhope, that the RDN Board restate their support to the Provincial Land Reserve Commission for the Cowichan Valley Regional District’s proposed outdoor recreation park.

CARRIED

MOVED Director Krall, SECONDED Director McNabb, that the RDN Board request the CVRD’s consideration for allowing the user groups at the Cassidy Speedway to relocate to the CVRD’s outdoor recreation park, should the proposed use be approved by the Provincial Land Reserve Commission.

CARRIED

ADJOURNMENT

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

TIME: 8:39 PM

IN CAMERA

MOVED Director Holme, SECONDED Director Stanhope, that pursuant to Section 242.2(1)(h) of the Municipal Act the Committee proceed to an In Camera Meeting to consider a legal issue.

CARRIED

The meeting reconvened at 9:12 PM.

Enforcement Policy for Outstanding Building Permit Files Particularly on Gabriola Island.

MOVED Director Holme, SECONDED Director Stanhope,:

  1. That staff be directed to offer a three-month amnesty program on recovery of legal costs associated with bringing forward consent orders to resolve existing Building Bylaw contraventions in Electoral Area ‘B’ only.
  2. That staff continue to creatively resolve illegal construction or unapproved building permit files by means of a offering to accept a legal consent order for compliance to the building code in effect at the time of commencement of construction in Electoral Area ‘B’ only.
  3. That staff be further directed to discontinue processing of legal cost recovery on any files in the system that can currently be resolved with voluntary consent orders, with the exception of costs incurred to return to court on contempt applications in Electoral Area ‘B’ only.
  4. That staff be directed to amend the building bylaw requirements for ‘moved on buildings’ to permit a two year temporary dwelling while building a single family dwelling, and a reduction of the bond to $1,000.00 in Electoral Area ‘B’ only.

CARRIED

ADJOURNMENT

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

CARRIED

TIME: 9:13 PM

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CHAIRPERSON