REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE ELECTORAL AREA PLANNING COMMITTEE
MEETING HELD ON TUESDAY, FEBRUARY 25, 2003, AT 7:00 PM
IN THE CITY OF NANAIMO COUNCIL CHAMBERS,
455 WALLACE STREET, NANAIMO, BC

Director E. Hamilton Chairperson
Alternate
Director H. Kreiberg Electoral Area A
Director D. Haime Electoral Area D
Director P. Bibby Electoral Area E
Director L. Biggemann Electoral Area F
Alternate
Director M. Klee Electoral Area G
Director D. Bartram Electoral Area H
Alternate
Director A. Kruyt Town of Qualicum Beach
Director L. Sherry City of Nanaimo

Also in Attendance:
B. Lapham General Manager, Development Services
P. Shaw Manager of Community Planning
N. Tonn Recording Secretary

Brian Coath, re Request for Land Exchange – Fern Road Consulting Ltd. on behalf of R & L Todsen & McTay Holdings Ltd. – Hawthorne Rise & White Pine Way – Area G.

Mr. Coath, representing the Electoral Area ‘G’ Parks and Open Space Advisory Committee, advised that any considered modifications of the original dedicated park proposal by the applicant should be such that concerns raised at the public information meeting are thoroughly addressed.

Lyle Hollingworth, re Request for Land Exchange – Fern Road Consulting Ltd. on behalf of R & L Todsen & McTay Holdings Ltd. – Hawthorne Rise & White Pine Way – Area G.

Mr. Hollingworth raised his concerns with respect to the proposed request for land exchange and provided a number of recommendations for the Board’s consideration.

MOVED Director Haime, SECONDED Director Bartram, that the following late delegations be permitted to address the Committee.

Helen Sims, re Request for Land Exchange – Fern Road Consulting Ltd. on behalf of R & L Todsen & McTay Holdings Ltd. – Hawthorne Rise & White Pine Way – Area G.

Ms. Sims provided a short history of the park as well as an update with respect to the applicant’s proposal for land exchange in order to better facilitate the subdivision layout. It was also noted that the applicant will assist with the construction of a pathway through the park land.

Richard Dean, re Request for Land Exchange – Fern Road Consulting Ltd. on behalf of R & L Todsen & McTay Holdings Ltd. – Hawthorne Rise & White Pine Way – Area G.

Mr. Dean noted the concerns that were raised by area residents during a neighbourhood canvas undertaken by the French Creek Residents Association which included retention of healthy trees, protection of native plants, park access and any proposal to trade any portion of the park for park access.

MOVED Director Haime, SECONDED Director Bartram, that the minutes of the Electoral Area Planning Committee meeting held January 28, 2002 be adopted.

Thomas McArthur, French Creek Residents Association, re Request for Land Exchange – Fern Road Consulting Ltd. on behalf of R & L Todsen & McTay Holdings Ltd. – Hawthorne Rise & White Pine Way – Area G.

MOVED Director Bartram, SECONDED Director Biggemann, that the correspondence received from the French Creek Residents Association with respect to Fern Road Consulting Limited’s request for land exchange, be received.

Dennis & Anita Lawrence, re Request for Land Exchange – Fern Road Consulting Ltd. on behalf of R & L Todsen & McTay Holdings Ltd. – Hawthorne Rise & White Pine Way – Area G.

MOVED Director Bartram, SECONDED Director Biggemann, that the correspondence received from Dennis and Anita Lawrence with respect to the subdivision proposal for the land legally described as Remainder of Lot 1, DL 49, Nanoose District, Plan 19351, be received.

Hawthorne Rise Area Residents, re Request for Land Exchange – Fern Road Consulting Ltd. on behalf of R & L Todsen & McTay Holdings Ltd. – Hawthorne Rise & White Pine Way – Area G.

MOVED Director Bartram, SECONDED Director Biggemann, that the correspondence received from the Hawthorne Rise Area Residents with respect to the parkland contained within the proposed development in the French Creek area, be received.

David & Ros Ross, re Request for Land Exchange – Fern Road Consulting Ltd. on behalf of R & L Todsen & McTay Holdings Ltd. – Hawthorne Rise & White Pine Way – Area G.

MOVED Director Bartram, SECONDED Director Biggemann, that the correspondence received from David and Ros Ross with respect to the application for an exchange of land for property legally described as the Remainder of Lot 1, DL 49, Nanoose LD, Plan 19351, be received.

Gareth Rees, re Request for Land Exchange – Fern Road Consulting Ltd. on behalf of R & L Todsen & McTay Holdings Ltd. – Hawthorne Rise & White Pine Way – Area G.

MOVED Director Bartram, SECONDED Director Biggemann, that the correspondence received from Gareth Rees with respect to the proposed changes to the boundary of the existing park located in the St. Evar subdivision, be received.

R.A. and Anna K. Bloxham, re Request for Land Exchange – Fern Road Consulting Ltd. on behalf of R & L Todsen & McTay Holdings Ltd. – Hawthorne Rise & White Pine Way – Area G.

MOVED Director Bartram, SECONDED Director Biggemann, that the correspondence received from R.A. and Anna Bloxham with respect to the proposed park boundary changes requested by the developer for the land legally described as Lot 1, District Lot 49, Nanoose District, Plan 19351, be received.

DP Application No. 0301 – Juthans/Murphy – 5489 Deep Bay Drive – Area H.

MOVED Director Bartram, SECONDED Director Bibby, that Development Permit Application No. 0301, submitted by Sven Juthans and Colleen Murphy, for the property legally described as Lot 39, District Lot 1, Newcastle District, Plan 20442, requesting to:

1. Vary the minimum setback for the front lot line
a) From 8.0 metres to 3.3 metres to accommodate the existing garage and courtyard.
b) From 8.0 metres to 0.0 metres to accommodate the existing woodshed.

2. Vary the eastern interior lot line setback
a) From 2.0 metres to 1.2 metres to accommodate the existing workshop at the rear of the parcel.
b) From 2.0 metres to 0.0 metres to accommodate the existing woodshed.

3. Vary the minimum setback requirement from the natural boundary
a) From 15 metres to 6.9 metres to accommodate the existing workshop at the rear of the parcel.
b) From 15 metres to 4.5 metres to accommodate the existing retaining wall.
c) From 15 metres to 9.6 metres to allow for the placement of a hot tub structure within the development permit area.

be approved subject to the conditions outlined in Schedules No. 1, 2 and 3 and subject to notification requirements pursuant to the Local Government Act.

Zoning Amendment Application No. 0303 – Haylock Bros./Sims – Melrose Road – Area G.

2. That Amendment Application No. 0303 submitted by Haylock Bros. to rezone a 15.2 ha portion of the property legally described as Lot 9, Section 12, Range 7, Cranberry District, Plan 27070 from Rural 1 (RU1) to Resource Management 1 (RM1) be given 1^st and 2^nd reading.

3. That "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.290, 2002" proceed to Public Hearing.

4. That the Public Hearing on "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.290, 2002" be delegated to Director Stanhope or his alternate.

DP Application No. 0305 – Thiessen & Marshall/Kyler – 1272 Seadog Road – Area E.

MOVED Director Bibby, SECONDED Director Bartram, that Development Permit Application No. 0305, submitted by Ken Kyler on behalf of Thiessen and Marshall to permit the construction of a stormwater drain pipe within the Watercourse Protection Development Permit Area on the property legally described as Lot 21, Block C, District Lot 38, Nanoose District, Plan 10777, be approved subject to the requirements outlined in Schedule Nos. 1, 2 and 3..

MOVED Director Klee, SECONDED Director Haime, that Development Permit Application No. 0306, submitted by Yorke/Rowland to facilitate the construction of a single residential dwelling unit, retention wall and drainage rock pit, on the property legally described as Lot 1, District Lot 80, Newcastle District, Plan 15785 be approved subject to the requirements outlined in Schedules No. 1, 2 and 3.

MOVED Director Bartram, SECONDED Director Bibby, that Development Variance Permit Application No. 0303, submitted by Susan Buchanan, to facilitate the construction of a dwelling unit and vary the minimum permitted setbacks within a Residential 2 (RS2) zone from 8.0 metres to 5.36 metres for the front lot line, from 5.0 metres to 3.81 metres for an other lot line located along Seaview Drive, and from 18.0 metres from a stream centerline to 6.58 metres from a stream centerline for setbacks from a watercourse for the property legally described as Lot 22, District Lot 28, Newcastle District, Plan 22249, be approved subject to the notification requirements pursuant to the Local Government Act.

MOVED Director Bartram, SECONDED Director Biggemann, that Development Variance Permit Application No. 0304, submitted by Fern Road Consulting, Agent, on behalf of Anthony Melvyn, to facilitate the development of a single dwelling unit and to legalize the existing rip rap retaining wall within a Residential 2 (RS2) zone by varying the minimum permitted setback to an interior side lot line from 2.0 metres to 0.0 metres, and to a watercourse from 18.0 metres horizontal distance from a stream centerline to 0.0 metes for the retaining wall and 10.5 metres for the dwelling unit, and to vary the maximum permitted height of a dwelling unit from 8.0 metres to that height required to accommodate an 8.0 metre dwelling unit, as measured from the existing fill grade as set out in Schedule No. 1, for the property legally described as Lot 3, District Lot 28, Newcastle District, Plan 22249, be approved subject to notification procedures pursuant to the Local Government Act and subject to the conditions outlined in Schedule No. 1.

DVP Application No. 0305 – H & F Ventures Ltd. – 2980 Matthew Road – Area E.

MOVED Director Bibby, SECONDED Director Bartram, that Development Variance Permit Application No. 0305, submitted by Norman Evans, agent on behalf of H & F Ventures Ltd., to facilitate the development of a single dwelling unit and vary the maximum permitted dwelling unit height within the Rural 5 (RU5) zone from 9.0 metres to 13.0 metres for the property legally described as Lot 12, Block 668, Nanoose Land District, Plan VIP62598, be approved as submitted subject to the notification procedures pursuant to the Local Government Act.

MOVED Director Haime, SECONDED Director Klee, that Development Variance Permit Application No. 0306 by Stanley Neville Balance to vary the ‘all lot lines’ setback requirement from 8.0 metres to 4.0 metres for the west interior side lot line to allow for the construction of a two-car garage with loft for the property legally described as Lot 8, Sections 9 and 10, Range 4, Mountain District, Plan 36191 be approved, subject to Schedules No. 1, 2 and 3 and to the notification requirements pursuant to the Local Government Act.

Request for Cash in Lieu of Park Land Dedication & Relaxation of the Minimum 10% Frontage Requirement – WR Hutchinson, BCLS on Behalf of A. Cochran & J. Radzuil – Greive Road – Area A.

MOVED Director Kreiberg, SECONDED Director Haime, that the requests, submitted by WR Hutchinson, BCLS, on behalf of James Radzuil and Agnes Cochran, for cash in-lieu of park land dedication be accepted and to relax the minimum 10% frontage requirement for proposed Lots 5, 6, 7 and 13, as shown on the plan of subdivision of Lot 7 & 8, Section 12, Range 2, Cedar District, Plan VIP53334, be approved.

Request for Park Land Exchange – Fern Road Consulting Ltd. on Behalf of R & L Todsen & McTay Holdings Ltd. – Hawthorne Rise & White Pine Way – Area G.

MOVED Director Klee, SECONDED Director Haime, that the Electoral Area ‘G’ Parks and Open Space Advisory Committee be requested to provide further comments and recommendations on the revised park land exchange proposal as suggested by staff prior to the March 11, 2003 Board meeting.