REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE ELECTORAL AREA PLANNING COMMITTEE
MEETING HELD ON TUESDAY, SEPTEMBER 30, 2003, AT 6:30 PM
IN THE RDN BOARD CHAMBERS

Present:

Director E. Hamilton Chairperson
Director H. Kreiberg Electoral Area A
Alternate
Director B. Jepson Electoral Area D
Director P. Bibby Electoral Area E
Director L. Biggemann Electoral Area F
Director Joe Stanhope Electoral Area G
Director D. Bartram Electoral Area H
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

MINUTES

MOVED Director Bartram, SECONDED Director Bibby, that the minutes of the Electoral Area Planning Committee meeting held August 26, 2003 be adopted.

CARRIED

COMMUNICATIONS/CORRESPONDENCE

Helen Sims, re ZA0310 � Green Choice Energy Limited � Peterson Road � Area F.

MOVED Director Bartram, SECONDED Director Biggemann, that the correspondence from Helen Sims with respect to Zoning Amendment Application 0310, be received.

CARRIED

Eric Pattison, re DP No. 60347 � Oughtred/Sims � McFeely Drive � Area G.

MOVED Director Bartram, SECONDED Director Biggemann, that the correspondence from Eric Pattison with respect to Development Permit Application No. 60347, be received.

CARRIED

PLANNING

AMENDMENT APPLICATIONS

ZA0310 � Green Choice Energy Limited � Peterson Road � Area F.

The Manager of Development Services noted proposed amendments to Schedule 1 of the staff report.

MOVED Director Biggemann, SECONDED Director Stanhope,:

1. That the minutes from the Public Information Meeting be received.

2. That "Regional District of Nanaimo Electoral Area �F� Zoning and Subdivision Amendment Bylaw No. 1285.03, 2003" submitted by Fern Road Consulting Ltd. on behalf of H. & F. Ventures and Green Choice Energy Ltd. to rezone the 21.1 ha property legally described as Lot A, District Lot 182, Nanoose District, Plan VIP65017 from A-1 (Agricultural 1) to Comprehensive Development 14 � 2570 Peterson Road, be approved subject to the conditions as outlined in amended Schedule 1, Schedules 2, 3 and 4 and that the bylaw be given 1st and 2nd reading.

3. That "Regional District of Nanaimo Electoral Area �F� Zoning and Subdivision Amendment Bylaw No. 1285.03, 2003" proceed to Public Hearing.

4. That the Public Hearing on "Regional District of Nanaimo Electoral Area �F� Zoning and Subdivision Amendment Bylaw No. 1285.03, 2003" be delegated to Director Biggemann or his alternate.

CARRIED

DEVELOPMENT PERMIT APPLICATIONS

DP Application No. 60344 � Sullivan � Maxey & Newfield Roads �Area D.

MOVED Director Jepson, SECONDED Director Bartram, that Development Permit Application No. 60344 as submitted by Larry Sullivan and legally described as that Part of Lot 2 lying south of Maxey Road, Plan 6930, Section 17, Range 5, Mountain Land District to permit the placement of fill, to facilitate the establishment of a building envelope a minimum of 15.0 metres from the natural boundary, and to permit the siting of a well a minimum of 14.0 metres from the natural boundary of the Millstone River within the Natural Hazard Development Permit Area, be approved subject to the conditions as outlined in Schedule Nos. 1, 2 and 3.

CARRIED

DP Application No. 60346 � D. Friesen on behalf of Ming�s Stores Ltd. Inc. � 1694 Cedar Road � Area A.

MOVED Director Kreiberg, SECONDED Director Bartram, that Development Permit Application No. 60346, submitted by Friesen�s Rentals and Hardware on behalf of Ming�s Stores Ltd. Inc., to recognize the siting of the recently constructed addition by relaxing the minimum setback requirement from the other lot line from 5.0 metres to 4.8 metres within the Cedar Village and Cedar Commercial/Industrial Properties Development Permit Area No. 3 for Lot A, Sections 15 and 16, Range 8, Cranberry District, Plan VIP71569, be approved subject to the conditions outlined in Schedule Nos. 1, 2 and 3 of the corresponding staff report and to the notification requirements of the Local Government Act.

CARRIED

DP Application No. 60347 � Oughtred/Sims � McFeely Drive � Area G.

MOVED Director Stanhope, SECONDED Director Bibby, that Development Permit Application No. 60347, submitted by Helen Sims of Fern Road Consulting Ltd. on behalf of Robert and Adele Oughtred to permit the construction of a dwelling unit and detached garage within the �Environmentally Sensitive Areas and Hazard Lands� Development Permit Areas and to vary the maximum dwelling unit height from 8.0 metres to 8.6 metres on the subject property legally described as Lot 3, District Lot 9, Newcastle District, Plan VIP69413 be approved, subject to the requirements outlined in Schedule Nos. 1, 2, 3 and 4 and subject to notification requirements pursuant to the Local Government Act.

CARRIED

DP Application No. 60348 � Symington � 857 Flamingo Drive � Area G.

MOVED Director Stanhope, SECONDED Director Biggemann, that Development Permit Application No. 60348, submitted by Fern Road Consulting, Agent, on behalf of Wilfred Symington and Alan Symington, to facilitate the removal of an existing dwelling unit and construction of a new dwelling unit, and to vary the maximum dwelling unit height within the Residential 2 (RS2) zone from 8.0 metres to 9.0 metres for the property legally described as Lot 15, District Lot 10, Newcastle District, Plan 10115, be approved subject to the conditions outlined in Schedule No. 1 and subject to the notification requirements pursuant to the Local Government Act.

CARRIED

DEVELOPMENT VARIANCE PERMIT APPLICATIONS

DVP Application No. 90317 & Request for Relaxation of the Minimum 10% Frontage Requirement � RK Brown & Associates on behalf of W. Roine � Farrar, Yellow Point and McQuarrie Roads � Area A.

MOVED Director Kreiberg, SECONDED Director Biggemann, that the request, submitted by RK Brown, on behalf of Wayne Roine to relax the minimum 10% frontage requirement for the Proposed Lots 2, 3 and 4, as shown on the plan of subdivision of The East 20 Chains of Section 5, Range 5, Cedar District, Except Parcel C (DD2340N) and Except That Part in Plan 8609 and to relax the minimum setback requirement from 8.0 metres to 5.3 metres to allow the siting of an existing dwelling unit from a lot line (adjacent to Farrar Road) proposed to be created by subdivision, be approved subject to Schedule No. 1 and the notification requirements pursuant to the Local Government Act.

CARRIED

DVP Application No. 90318 � Kehoe & Adams Freeman � 3475 Cambridge Road � Area E.

MOVED Director Bibby, SECONDED Director Stanhope, that Development Variance Permit Application No. 90318 to vary the minimum setback requirements of the Residential 1 (RS1) zone from 8.0 metres to 0.0 metres for the front lot line and from 5.0 metres to 0.0 metres from the other lot line to legalize the siting of a recently constructed retaining wall on the property legally described as Lot 31, District Lot 78, Nanoose District, Plan VIP51603 be approved, subject to the requirements outlined in Schedule Nos. 1, 2 and 3 and subject to notification requirements pursuant to the Local Government Act.

CARRIED

DVP No. 90319 � Smith & Tomei � 2476 Nuttal Drive � Area E.

MOVED Director Bibby, SECONDED Director Biggemann, that Development Variance Permit Application No. 90319 submitted by Anthony Smith, to vary the minimum setback of 15.0 metres from the natural boundary of the retention pond and from the natural boundary of the drainage ditch to 5.0 metres and to approve a building envelope to facilitate the construction of a dwelling unit and attached garage on the property legally described as Lot 8, District Lot 52, Nanoose District, Plan VIS4626 be approved subject to the requirements outlined in Schedule Nos. 1, 2 3 and 4 and subject to notification requirements pursuant to the Local Government Act.

CARRIED

FRONTAGE RELAXATION

Request for Acceptance of Cash in-lieu-of Park Land Dedication & Relaxation of the Minimum 10% Frontage Requirement � Fern Road Consulting Ltd. on behalf of Windward Development (2002) Ltd. Inc. No. 640334 � Arrowsmith Way & Wembley Road � Area G.

MOVED Director Stanhope, SECONDED Director Bartram,:

1. That the request, submitted by Fern Road Consulting Ltd., on behalf of Windward Development (2002) Ltd. Inc. No. 640334 for cash in-lieu-of park land dedication be accepted.

2. That the request, submitted by Fern Road Consulting Ltd., on behalf of Windward Development (2002) Ltd. Inc. No. 640334 to relax the minimum 10% frontage requirement for proposed Lots 6 and 8, as shown on the plan of subdivision of Lot 2, District 29, Nanoose District, Plan 41955, Except Part in VIP72574, be approved.

CARRIED

Request for Acceptance of Park Land Dedication & Relaxation of the Minimum 10% Frontage Requirement � Koers & Associates on behalf of 3170497 Canada Inc., commonly known as Fairwinds Development � Carmichael Road � Area E.

MOVED Director Bibby, SECONDED Director Biggemann, that the request from Koers & Associates, on behalf of 3170497 Canada Inc., commonly known as Fairwinds Development, to relax the minimum 10% perimeter frontage requirement for Proposed Lots 2, 3, 4, 6 and 7 as shown on the Plan of Proposed Subdivision of Phase 9A be approved and the offer to dedicate park land in the location and amount as shown on the Plan of Proposed Subdivision of Phase 9A be accepted subject to Schedule No. 1 of the corresponding staff report.

CARRIED

Request for Relaxation of the Minimum 10% Frontage Requirement � K. vanWesten � Whiting Way � Area A.

MOVED Director Kreiberg, SECONDED Director Stanhope, that the request, submitted by K vanWesten to relax the minimum 10% frontage requirement for proposed Lot 1 of the proposed subdivision of the Remainder of Lot 1, Section 1, Range 6, Cedar District, Plan VIP68894 as shown on the plan of subdivision be approved.

CARRIED

OTHER

Eagle Nest Tree Development Permit Areas.

MOVED Director Bartram, SECONDED Director Stanhope,:

  1. That the staff report to establish development permit areas and guidelines to protect eagle nest trees and possibly the nesting trees of other endangered birds by proceeding with a Public Consultation Strategy, be received for information.

  2. That staff be directed to proceed with the Public Consultation Strategy as outlined in Attachment No. 1. to the corresponding staff report.

  3. That the Regional Board request that the Minister of Water, Land and Air Protection consider amendments to the Wildlife Act to include a buffer area around eagle nest trees and added protection for other endangered species.

  4. That the Regional Board request that the Minister of Agriculture consider amendments to the Right to Farm Act or the incorporation of policies to provide buffer protection for eagle nest trees.

  5. That the Regional Board encourage each member municipality to begin a public consultation process to introduce a regional standard of bylaw to protect eagle nest trees and a buffer around the trees.

MOVED Director Kreiberg, SECONDED Director Stanhope, that the motion be amended to include the following:

6. That staff prepare a report on the feasibility and value of providing site specific Development Permit Areas based on qualified bird experts� advice, as an option to the minimum-standard specifications under current legislation.

CARRIED

The question was called on the motion as amended.

The motion CARRIED.

ADJOURNMENT

MOVED Director Stanhope, SECONDED Director Bartram, that this meeting terminate.

CARRIED

TIME: 6:55 PM

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CHAIRPERSON