REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE DEVELOPMENT SERVICES COMMITTEE
MEETING HELD ON TUESDAY, JUNE 19, 2001, AT 7:30 PM
IN THE CITY OF NANAIMO COUNCIL CHAMBERS,
455 WALLACE STREET, NANAIMO, BC

Present:

Director B. Holdom Chairperson
Director L. Elliott Electoral Area A
Director B. Sperling Electoral Area B
Alternate
Director M. Young Electoral Area C
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 T. Krall City of Nanaimo
Director G. Korpan City of Nanaimo
Director D. Rispin City of Nanaimo
Alternate
Director T. Beech City of Nanaimo

Also in Attendance:
K. Daniels Chief Administrative Officer
B. Lapham General Manager, Development Services
P. Shaw Manager, Community Planning
F. McFarlane Recording Secretary

DELEGATIONS

K. Van Westen, re Land Use Contravention - 3460 Whiting Way - Area A.

Mr. Van Westen spoke regarding the present land use of lots 4 and 5. He requested that the Board allow him time to take out a building permit that would allow him to build two modest single family residences on these lots, bringing them into line with the present land use requirements of Bylaw 500.

Helga Schmitt, re Home Based Business Bylaw.

Ms. Schmitt noted the May 8th petition signed by 129 residents of Morello Road who are opposed to the Home Based Business Draft Bylaw. The residents want to maintain their quality of life and home based hobby farms and would like the area to be designated as RS1.

Robin Cole & Neil Christensen, re Water, Safety, Noise, Air Quality and Industrial Traffic Issues.

Ms. Cole expressed the very serious concerns of area residents about the proposed industrial development in Area ‘F’ on Allsbrook Road. Residents feel that this could adversely affect their water supply and create other health issues.

LATE DELEGATIONS

MOVED Director Stanhope, SECONDED Director Sherry that the late delegations, Mary Jane Puckrin and Matt MacLeod, be allowed to address the Committee.

CARRIED

Mary Jane Puckrin, re Home Based Business Review.

Ms. Puckrin noted that since the petition received from Morello Road residents is entitled "Zoning Change", it should be considered in this instance and not as an amendment to the proposed home based regulations. She also requested consideration to allow the use of accessory buildings for home based businesses.

Matt MacLeod, re Frontage Relaxation – 2403 Nanoose Road – Area E.

Mr. MacLeod stated that he had first made application to subdivide his property six years ago. He again requested that the Board reconsider his request for frontage relaxation in order to facilitate a 2-lot subdivision.

MINUTES

MOVED Director Sherry, SECONDED Director Rispin, that the minutes of the regular Development Services Committee meeting held May 15, 2001, be approved.

CARRIED

UNFINISHED BUSINESS

From June 12, 2001 Board Meeting:

Matt MacLeod – 2403 Nanoose Road – Area E.

MOVED Director Westbroek, SECONDED Director Stanhope, that the request from Matt MacLeod, on behalf of Matt MacLeod and Candace MacLeod, to relax the minimum 10% perimeter frontage requirement for proposed parcels, as shown on the Plan of Proposed Subdivision of Lot 2, District Lot 130, Nanoose District, Plan VIP62561, be approved and that a letter indicating Mr. MacLeod’s support for inclusion within the sewer boundary be accepted in support of the decision to approve the frontage relaxation.

CARRIED

CORRESPONDENCE/COMMUNICATIONS

Oceanside Development & Construction Association, re Amendment to Section 879 of the Local Government Act.

MOVED Director Rispin, SECONDED Director Krall, that the correspondence from Oceanside Development & Construction Association, re Amendment to Section 879 of the Local Government Act, be received.

CARRIED

MOVED Director Westbroek, SECONDED Director Stanhope, that Oceanside Development & Construction Association be recognized by the Regional District as a referral organization and that a letter to this effect be sent to them.

CARRIED

Joseph Calenda, City of Colwood, re Bylaw Courts.

MOVED Director Rispin, SECONDED Director Krall, that the correspondence from Joseph Calenda, City of Colwood, re Bylaw Courts, be received.

CARRIED

Sandra Keddy, Town of Qualicum Beach, re Home Based Business Review.

MOVED Director Stanhope, SECONDED Director Sherry, that the correspondence from Sandra Keddy, Town of Qualicum Beach, re Home Based Business Review, be received.

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 Krall, that a notice be filed against the titles of the properties listed, pursuant to Section 700 of the Local Government Act and that if the infractions are not rectified within ninety (90) days, legal action will be pursued.

(a) Lot 1, Section 18, Range 3, Cedar District, Plan 24306, except parts in Plans 30692, 44695, and VIP5589, owned by Donna MacNaughton;

(b) Lot 4, District Lot 67, Plan 29941, Nanoose District, owned by Steven Gaucher.

CARRIED

PLANNING

DEVELOPMENT PERMIT APPLICATION

Application No. 0109 – Barclay/Sims, Lot 1, DL 110, Nanoose District, Plan 17536, Electoral Area ‘E’ – 1389 Dorcas Point Road.

MOVED Director Holme, SECONDED Director Stanhope, that Development Permit Application No. 0109, to permit the construction of a boat launch rail system within the Watercourse Protection Development Permit Area on the property legally described as Lot 1, DL 110, Nanoose District, Plan 17536, be approved subject to the conditions outlined in Schedule No. 1 and that the ramp must be kept in good repair or must be removed.

CARRIED

DEVELOPMENT VARIANCE PERMIT

Application No. 0105 - Kambic - 2347 South Wellington - Area A.

MOVED Director Elliott, SECONDED Director Krall, that Development Variance Permit No. 0105, submitted by Joseph and Shirley Kambic, to legalize two existing accessory buildings by varying the minimum setback requirement for a rear lot line within the Residential 2 (RS2) zone from 2.0 metres (6.6 feet) to 0.0 metres (0.0 feet) and the other lot line located along Michener Avenue from 5.0 metres (16.4 feet)

to 0.0 metres (0.0 feet) for the property legally described as Lot C (DD EG114354), Block 10, Section 9, Range 7, Cranberry District, Plan 2055, be approved as submitted subject to Schedule 1 of the staff report and notification requirements pursuant to the Local Government Act.

CARRIED

OTHER

Home Based Business Review - Land Use & Subdivision Amendment Bylaw No. 500.270 and Land Use and Subdivision Amendment Bylaw No. 500.272 - Electoral Areas A, C, D, E, G & H.

MOVED Director Stanhope, SECONDED Director Quittenton,:

  1. That the staff report, minutes from the meetings on the Home Based Business Draft Strategy and written submissions from the public and referral agencies be received for information.
  2. That staff be directed to investigate noise bylaws for Electoral Areas ‘D’ and ‘H’.
  3. That Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.270, 2001 be given 1st and 2nd reading and proceed to a public hearing (amendments to Home Based Business Regulations).
  4. That Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.272, 2001 be given 1st and 2nd reading and proceed to a public hearing (amendments to accessory building size provisions).
  5. That the public hearing on "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.270, 2001" and "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.272, 2001" be delegated to Director Holme or his alternate.

CARRIED

BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS

Robin Cole & Neil Christensen, re Water, Safety, Noise, Air Quality and Industrial Traffic Issues.

MOVED Director Krall, SECONDED Director Stanhope, that staff consider the concerns and issues raised by the owners/residents of Allsbrook Road and report back to the Development Services Committee with recommendations on how to potentially address these concerns.

CARRIED

IN CAMERA

MOVED Director Sherry, SECONDED Director Stanhope, that pursuant to Section 242.2(I)(f) of the Local Government Act the Committee proceed to an In Camera Meeting to consider a matter of litigation or potential litigation affecting the Local Government.

CARRIED

ADJOURNMENT

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

TIME: 8:35 PM

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CHAIRPERSON