REGIONAL DISTRICT OF NANAIMO
MINUTES OF THE ELECTORAL AREA PLANNING COMMITTEE
MEETING HELD ON TUESDAY, JANUARY 27, 2004, AT 6:00 PM
IN THE RDN BOARD CHAMBERS

Present:

Director E. Hamilton Chairperson
Director H. Kreiberg Electoral Area A
Director D. Haime 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

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

MINUTES

MOVED Director Bibby, SECONDED Director Biggemann, that the minutes of the Electoral Area Planning Committee meeting held December 9, 2003 be adopted.

CARRIED

PLANNING

AMENDMENT APPLICATIONS

Zoning Amendment Application No. ZA0313 � Slocombe � Parker Way & Ted�s Road � Area E.

MOVED Director Bibby, SECONDED Director Bartram,:

1. That the minutes of the Public Information Meeting held on January 14, 2004 be received.

2. That "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.298, 2004" be given 1st and 2nd reading.

3. That "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.298, 2004" proceed to public hearing.

4. That the public hearing on "Regional District of Nanaimo Land Use and Subdivision Bylaw Amendment Bylaw No. 500.298, 2004" be delegated to Director Bibby or her alternate.

CARRIED

DEVELOPMENT PERMIT APPLICATIONS

Director Bibby left the meeting citing a possible conflict of interest.

DP Application No. 60358 � Smith & Tomei/Timberlake Jones � Clayton Crescent �Area E.

MOVED Director Stanhope, SECONDED Director Kreiberg, that Development Permit No. 60358, submitted by Timberlake Jones Engineering on behalf of T. Smith & N. Tomei, for the protection of an eagle nest tree designated within the Sensitive Ecosystem Development Permit Area, in conjunction with the proposed subdivision of the parcel legally described as Lot 3, District Lot 52, Nanoose District, Plan VIP67511, be approved, subject to the requirements outlined in Schedule Nos. 1, 2 and 3.

CARRIED

Director Bibby returned to the meeting.

DP Application No. 60359 � Horne Lake Strata Corp. � Finholm � Strata Lot 313 Horne Lake � 2498 Shady Lane � Area H.

MOVED Director Bartram, SECONDED Director Stanhope, that Development Permit Application No. 60359, submitted by the agent, Keith Finholm, on behalf of Horne Lake Land Corporation, for the property legally described as Strata Lot 313, District Lot 251, Alberni District, Strata Plan VIS5160, Together with an Interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as Shown on Form V, requesting to relax the minimum setback requirements for all watercourses except Horne Lake from 15.0 metres from the top of bank to 5.0 metres in order to accommodate the siting of a recreational residence with deck and porch, and an accessory building, be approved subject to the conditions outlined in Schedules No. 1, 2 and 3 and subject to the notification requirements pursuant to the Local Government Act.

CARRIED

DEVELOPMENT VARIANCE PERMIT APPLICATIONS

DVP No. 0304 � Revision � Melvyn � Seaview Drive � Area H.

The Chairperson noted that this application has been withdrawn.

DVP No. 90324 � Eddy � 5058 Longview Drive � Area H.

MOVED Director Bartram, SECONDED Director Stanhope, that Development Variance Permit Application No. 90324, submitted by Diane Eddy and Nelson Eddy, to legalize the existing accessory buildings and structures within a Residential 2 (RS2) zone by varying the minimum permitted setbacks for lot lines and for a watercourse, as shown in Schedule No. 3 of this staff report, for the property legally described as Lot 43, District Lot 28, Newcastle District, Plan 22249, be approved subject to the conditions outlined in Schedule No. 1 and subject to the notification procedures pursuant to the Local Government Act.

CARRIED

DVP No. 90325 � Green � Martindale Road � Area G.

The General Manager of Development Services noted that Schedule 1 to DVP Application No. 90325 be amended as follows:

(a) Item number 5 be removed.

(b) The words "within 30 metres" be deleted and replaced with "within 20 metres" in Item No. 6.

MOVED Director Stanhope, SECONDED Director Bibby, that Development Variance Permit No. 90325, submitted by Dale Green and Peggy Green, to facilitate the development of a single dwelling unit within a Rural 1 (RU1) zone by varying the minimum permitted setback to the south lot line from 8.0 metres to 4.0 metres, for the property legally described as Lot 9, District Lot 128, Nanoose District, Plan 20938, be approved as amended, subject to notification procedures pursuant to the Local Government Act and subject to the conditions outlined in Schedule No. 1.

CARRIED

DVP No. 90326 & Request for Minimum 10% Frontage Requirement � RK Brown & Associates on behalf of Wayne Roine � Farrar, Yellow Point & 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 Lot 1, as shown on the revised 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 allow the creation of a non-contiguous parcel in conjunction with the proposed 3-lot subdivision, be approved subject to the notification requirements pursuant to the Local Government Act.

CARRIED

DVP No. 90401 � Sertic Simmons (Jorgensen) � 3525 Shetland Place � Area E.

MOVED Director Bibby, SECONDED Director Stanhope, that Development Variance Permit Application No. 90401, submitted by the agent, Peter Jorgensen, on behalf of Marijan Sertic and Renate Dawn Simmons, for the property legally described as Strata Lot 48, District Lot 78, Nanoose District, Strata Plan VIS3393 Together with an Interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as Shown on Form 1 to:

a) Relax the minimum setback requirements for the front lot line from 8.0 metres to 2.85;

b) Relax the minimum setback requirements for the west interior side lot line from 2.0 metres to 0.0 metres;

in order to accommodate the siting of a riprap retaining wall be approved subject to the conditions outlined in Schedules No. 1 and 2 and subject to the notification requirements pursuant to the Local Government Act.

CARRIED

OTHER

Aquaculture � Official Community Plan & Zoning Amendment Issues & Public Consultation Strategy.

MOVED Director Stanhope, SECONDED Director Kreiberg,:

1. That the staff report on Aquaculture containing the minutes of the Public Consultation Strategy be received.

2. That staff arrange a public information meeting to present the draft zoning bylaws and OCP policy amendments to the public, government agencies and the shellfish industry.

3. That staff prepare official referrals for the proposed amendments and forward them to the agencies listed in the Public Consultation Framework.

4. That staff contact those landowners on the list supplied by MAFF that have an existing aquaculture facility on non-ALR land for comments on the proposed site specific zoning amendment for these properties.

CARRIED

MOVED Director Bartram, SECONDED Director Bibby, that the existing definition of aquaculture pursuant to RDN Subdivision and Land Use Bylaw No. 500, 1987 be expanded to specific types of aquaculture so that no confusion exists between various types of aquaculture that will or will not be permitted in the RDN land use regulations.

CARRIED

MOVED Director Bartram, SECONDED Director Bibby, that the siting criteria or guidelines in OCP policies for considering zoning amendments to facilitate more intensive aquaculture development including seafood processing and zoning amendment applications for new sites outside identified areas proposed in the staff report be reviewed with appropriate federal and provincial ministries to ensure consistency and concurrence and to ensure no duplication of the requirements.

CARRIED

MOVED Director Bartram, SECONDED Director Biggemann, that the proposal in the report to reduce noise and visual impacts for upland owners and provide a safer environment for employees by encouraging shellfish growers to conduct their operations in a building rather than on vessels or outside on decks on the lease area be strengthened by not only expanding the building envelope in the RDN land use bylaw but entering into discussion with the Shellfish Growers Association and the provincial ministry to have them endorse this best practice policy.

CARRIED

MOVED Director Bartram, SECONDED Director Biggemann, that the RDN enter into a review of the existing Memorandum of Understanding with LWBC to ensure they provide a referral on any proposed aquaculture leases in the RDN, to include any public notification requirements in appropriate local newspapers.

CARRIED

MOVED Director Bartram, SECONDED Director Biggemann, that the RDN enter into a Memorandum of Understanding with the Ministry of Agriculture on various types of aquaculture best practices.

CARRIED

MOVED Director Bartram, SECONDED Director Biggemann, that Schedule No. 2 policy proposal "New Aquaculture Development" be held in abeyance until after discussion with appropriate federal and provincial ministries to ensure consistency and concurrence and to ensure no duplication of the stated information requirements.

CARRIED

MOVED Director Bartram, SECONDED Director Stanhope, that Schedule No. 2 be amended to read "Electoral Area �H� Bylaw No. 1335, 2003" � Section 5.2 � "Resource Lands" and Section 5.3, "Rural Lands", at the bottom of the Schedule.

CARRIED

MOVED Director Bartram, SECONDED Director Biggemann, that the General Manager of Development Services begin individual discussions with RDN Directors on possible OCP map zoning amendments prior to beginning public information meetings.

CARRIED

Intergovernmental Advisory Committee.

The General Manager of Development Services presented a visual and verbal report on the Intergovernmental Advisory Committee.

MOVED Director Bibby, SECONDED Director Stanhope, that the report "Intergovernmental Advisory Committee" be received.

CARRIED

Nanoose Bay Official Community Plan � Terms of Reference � Area E.

MOVED Director Bibby, SECONDED Director Stanhope,:

1. That the staff report on the Nanoose Bay Official Community Plan Terms of Reference be received.

2. That the Nanoose Bay Official Community Plan Terms of Reference (Attachment No. 1) be endorsed by the Board.

CARRIED

NEW BUSINESS

Board of Variance.

MOVED Director Stanhope, SECONDED Director Bartram, that staff be directed to prepare a report on the Board of Variance�s authority and make recommendations on possible revisions to the public information guide, fees and relationship to the RDN development variance permit process; and further that this report be presented to the Board following the Province�s Board of Variance seminar.

CARRIED

MOVED Director Bibby, SECONDED Director Bartram, that staff review and report back to Committee on policies with respect to retrospective variance applications.

CARRIED

ADJOURNMENT

MOVED Director Kreiberg, SECONDED Director Bibby, that this meeting terminate.

CARRIED

TIME: 6:56 PM

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CHAIRPERSON >