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

Present:

Director E. Hamilton Chairperson
Alternate
Director P. Grand 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
P. Shaw Manager, Community Planning
S. Schopp Manager, Inspection & Enforcement
N. Tonn Recording Secretary

DELEGATIONS

Dennis Skidmore, re Land Use Issue in Errington � Area F.

Mr. Skidmore raised his concerns regarding safety issues, noise levels and access routes of Wheaton Industrial Saws Limited, located at 1271 Kopernick Road. A petition and two letters from other concerned neighbours were distributed to Committee members by the delegation. Mr. Skidmore requested that the Board put in place strict bylaws to restrict such industrial use in residential areas and to zone the property non-conforming.

MOVED Director McNabb, SECONDED Director Sherry, that the delegation be received.

CARRIED

Mildred MacLeod, Memorial Society of BC, re Green Burials.

Ms. MacLeod presented a short summary of the green burial concept and urged the Regional District to support this ecological and economical option to the present choice between cremation or burial in a formal cemetery.

MOVED Director Krall, SECONDED Director McNabb, that the delegation be received.

CARRIED

LATE DELEGATIONS

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

CARRIED

Terry Moore, re Land Use Issue in Errington � Area F.

Mr. Moore reiterated Mr. Skidmore�s concerns regarding Wheaton Industrial Saws Limited, stressing the noise levels emitting from the business and urged the Board to place a cease and desist order on any further expansions.

Susan Gerrand, re Riparian Rights in the Regional District.

Ms. Gerrand raised her concerns regarding the proposed streamside protection regulations and urged the Board to amend all Official Community Plans to reflect non-acceptance of the proposed new legislation.

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

CARRIED

MINUTES

MOVED Director Sherry, SECONDED Director Holme, that the minutes of the regular Development Services Committee meeting held on June 20, 2000, be adopted.
CARRIED

COMMUNICATIONS/CORRESPONDENCE

R.D. McBride and M.J. Gray, re Leased Parkland � Madrona Point.

MOVED Director Holme, SECONDED Director McNabb, that the correspondence from R.D. McBride and M.J. Gray regarding leased parkland at Madrona Point, be received for information.
CARRIED

UBCM Newspaper Article � June 2000.

MOVED Director Holme, SECONDED Director McNabb, that the UBCM newspaper article regarding Building Inspection liability, be received for information.
CARRIED

UNFINISHED BUSINESS

DEVELOPMENT SERVICES

Madrona Point Marine Park � Area E.

MOVED Director Holme, SECONDED Director Stanhope,:

  1. That the RDN provide a letter of support to relevant senior government agencies on the designation of Marine Protected Areas and further, request that these agencies initiate inventory work to identify areas or species requiring a higher level of protection within the jurisdictional boundaries of the RDN.
  2. That the RDN Board rescind the motion of April 11, 2000 "that staff be directed to apply for a foreshore and water lot lease for the portion of the bed of the Strait of Georgia fronting onto District Lot 68 at the tip of Madrona Point in Nanoose Bay".

CARRIED

Land Use � Seasonal Use of Residential Property � Brooks � 6621 West Island Highway � Area H � from June 13, 2000 Board Meeting.

MOVED Director Krall, SECONDED Director Quittenton, that the staff report be received and Ms. Solera be informed that there are no known bylaw infractions occurring on the property at 6621 West Island Highway (Registered Owner: Brooks).
CARRIED

Enforcement Policy for Outstanding Building Permit Files Particularly on Gabriola Island � from July 11, 2000 Board Meeting.

MOVED Director Sperling, SECONDED Director Quittenton,:

1. That staff be directed to promote the use of legal consent orders in Electoral Area �B� for a period of one year, without recovery of costs, as a method of resolving existing building bylaw contraventions.

2. That staff continue to creatively resolve illegal construction or unapproved building permit files by means of an 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.

A recorded vote was requested.

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

PLANNING

AMENDMENT APPLICATIONS

Application No. ZA0004 � 3536696 Canada Incorporated (Origin Adult Communities Ltd./Fairwinds) � Fairwinds Drive and Collingwood Drive � Area E.

The General Manager of Development Services noted that Schedule 1 was amended after distribution of the Agenda to delete Condition 1(a).

MOVED Director Holme, SECONDED Director Stanhope,:

1. That Application ZA0004 by 3536696 Canada Incorporated (Fairwinds) to amend the "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987" for the lands legally described as part of District Lot 78, Nanoose District by:
a. rezoning from Residential 1 (RS1) to Residential 5 (RS5) that portion of the lands shown outlined on Schedule �2�;
b. rezoning from Residential 1 (RS1) to Fairwinds Comprehensive Development CD8 that portion of the lands shown outlined on Schedule �3�; and
c. changing the Subdivision District for those lands shown outlined in Schedule �2� and �3� from Subdivision District N to Subdivision District Z, be approved subject to the conditions as outlined in Schedule �1�.

2. That "Regional District of Nanaimo Land Use and Subdivision bylaw Amendment Bylaw No. 500.263, 2000" be given 1st and 2nd reading and proceed to a Public Hearing.

3. That the Public Hearing be chaired by the Director for Electoral Area �E�, Director Holme, or his alternate.
CARRIED

DEVELOPMENT PERMIT APPLICATIONS

Application No. 0014 � Ronkainen/Wallace � West Road � Area D.

MOVED Director Haime, SECONDED Director Holme, that Development Permit Application No. 0014 to create a seven-lot subdivision on the property legally described as Part of the Easterly 60 Acres of Section 16, Range 3, Mountain District, Except Part in Plans 29404, VIP68415, and VIP68636 be approved.
CARRIED

DEVELOPMENT VARIANCE PERMITS

Application No. 0006 � Ramsay � 1797 Morden Road � Area A.

MOVED Director Grand, SECONDED Director Krall, that Development Variance Permit Application No. 0006 submitted by Garry and Dorothy Ramsay, for the property legally described as Lot 6, Section 10, Range 8, Block 13, Cranberry Land District, Plan 1724 to vary the maximum building height from 6.0 metres to 7.5 metres to legalize the height of an existing accessory building on the subject property, be approved, subject to notification requirements pursuant to the Local Government Act.
CARRIED

Application No. 0008 � McFarlane � 5012 Thompson Clark Crescent � Area H.

MOVED Director Quittenton, SECONDED Director Sherry, that Development Variance Permit Application No. 0008 submitted by David and Moira McFarlane, for the property legally described as Lot 58, District Lot 28, Newcastle Land District, Plan 22249 to vary the setback from the front lot line from 8.0 m to 2.9 m and to vary the setback to the centerline of a watercourse from 18.0 m to 3.0 m to permit the construction of an accessory building on the subject property, be approved, subject to notification requirements pursuant to the Local Government Act.
CARRIED

OTHER

Provision of Cash in-lieu-of Park Land Dedication � Sims Associates, BCLS on behalf of Seascape Properties Ltd. � Flamingo Road � Area G.

MOVED Director Stanhope, SECONDED Director Korpan, that the request submitted by Sims Associates, BCLS on behalf of Seascape Properties Ltd., to offer paying cash in-lieu-of park land as part of the subdivision of Lot 2, District Lot 10, Newcastle District, Plan VIP65041 be accepted.

CARRIED

IN CAMERA

MOVED Director Holme, SECONDED Director Stanhope, that pursuant to Section 242.2(1)(e) of the Local Government Act the Committee proceed to an In Camera Meeting to consider a land issue.
CARRIED

ADJOURNMENT

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

TIME: 8:30 PM

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CHAIRPERSON