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    Thanks again for the depth and completeness of your answers.... I do have one more follow up point to be considered: On Sept 29, 2019 the applicant was issued a regional Mine Permit by the BC Ministry of Energy, Mines - however the current land use designation does not support processing of the aggregate. If the land designation is changed in the OCP and RGS to industrial then, de facto, aggregate processing would be permitted on this site under the Mine Act regardless of the zoning classification because the RDN does not have any authority over the Mine Act. In other words assuming that this application to amend the OCP & RGS was approved there would be no legal mechanism available that could prevent the applicant to set up a rock crusher on the day following the approval of the Amendment to the OCP and RGS and run it 24 hours 7 days a week in perpetuity. Is this a correct interpretation? Thanks again, FW

    FW asked over 2 years ago

    Thank you for your question. The current mines permit is for small-scale aggregate extraction and not processing. Any future amendments to the existing Mines Permit (change in hours, days, use) would be part of a public process facilitated by the Province. The proposed RGS and OCP amendment do not impact this current Mines Permit or allow for the Mines Permit to be amended to allow primary processing of materials. For primary processing to occur, the property would need to allow that as a permitted use within the zoning. Primary processing is not a current permitted use on the subject property or a permitted use in any of the Industrial Zones found within Zoning Bylaw 500. If the applicant desired to amend the Mines Permit at a future date to allow primary processing, a separate rezoning application would be required as part of that process to allow primary processing as a permitted use. This would entail a public process and include notification requirements. 

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    To Whom It May Concern, We are neighbours to the applicant. At this time, we have a question around the application. In the Notice posted, we would like some more information on the intent of the applicant regarding the following statement: "If the application is successful, the applicant intends to apply to rezone the property to facilitate the future expansion of the existing industrial business" The Question is: To what new zoning would the applicant intent to attempt to re-zone to? As a follow up question, As the applicant seem to have a good idea of what will be needed (one of the report, gives building sizes), we would like to know why the entire property needs to go through this re-zoning process, why not limit it to what is required, just like it was done in the past? Thanks in advance, Francois Warren 250-720-5407

    FW asked over 2 years ago

    Good morning Francois. Thank you for your question. If the current Regional Growth Strategy (RGS) and Official Community Plan (OCP) application are successful, the next step in the process is to move forward with a rezoning application to designate the entire property an Industrial use within Regional District of Nanaimo Zoning Bylaw No. 500 to allow the expansion of the existing business. The applicant has indicated that their intention is to rezone the remaining Rural Residential portion of the property to an Industrial use to facilitate the expansion of the existing industrial business. If the RGS and OCP amendments are successful, a more thorough review of the proposed rezoning application will occur and discussions on size, scale and other details of the proposed rezoning will be undertaken prior to the commencement of the application. Thank you. 

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    I apologize if I am being reduntant but I need to be crystal clear on the process. Could you please answer Yes or No to my following questions/statements: 1. There have been public information sessions held for this amendment to the RGS and OCP. 2. Consultation letters have been send out to the immediate neighbors for this amendment to the RGS and OCP. 3. The current OCP & RGS specifies 4.5 acres of this property designated as light Industrial (amended in 1997) the rest of the property is Rural Residential. 4. The reason for this first public hearing on Dec 7th is to approve the amendment to the OCP & RGS increasing the 4.5 acres of Industrial land designation to the entire property (aprox 20acres) unless the public can convince council otherwise. 5. The RDN has the ability and mechanism in place to increase the size of the existing light industrial area to the proposed expansion footprint but is in favor of designating the entire parcel as industrial so that the applicant does not have to "re-do the work" if subsequent area is required in the future. 6. Once designated as Industrial land in the OCP & RGS the land can only be zoned as industrial. No other zoning is permitted on Industrial land according to the OCP and RGS. 7. This application has been recommended by the RDN planning department for approval by council and will be approved on Dec 7th unless the public can convince council not to approve. 8. Once the land has been designated as Industrial the applicants will only be able to apply for 1 of the 5 classes of industrial zoning. 9. Assuming that the application to amend the OCP & RGS is approved the next step in this process will be to approve the zoning which will require another public hearing and the RDN will receive comments. But these comments can only pertain to the 5 classes of industrial zoning. In other words, at this time it would be too late in the process to change the land designation back to Rural or any other RDN zoning. 10. Question - Historically speaking has any land designated as Industrial in the OCP or RGS ever been amended back to Rural? Thanks again for your time FW

    FW asked over 2 years ago

    Thank you for your questions.

    1. Due to the ongoing COVID-19 pandemic, public information sessions are being held by virtual means on the project Get Involved Page and a public hearing is scheduled for December 7, 2021. The Board Approved Engagement Plan outlining the engagement for this project can be found in the document library of the project Get Involved Page. 

    2. Yes

    3. Yes, the current RGS and OCP designate the smaller, square portion near the centre of the property as 'Industrial' and the rest of the surrounding property as 'Rural Residential' in the RGS and 'Rural' in the OCP. Please see the property maps found in the document library for clarity. 

    4. The reason for the public hearing on December 7th is to provide an opportunity for all persons who considered their interest in property to be affected by the proposed amendment bylaws to be heard. No decisions are made at the public hearing. The Board will review all referral submissions and input received from the public at a future Board meeting where it will consider giving third reading to the proposed amendment bylaws. 

    5. The application submitted and currently under review is to amend the RGS and OCP from 'Rural Residential' and 'Rural' to 'Industrial' for the entire property. 

    6. Yes. The intent of the RGS and OCP is that land designated as industrial should be used for industrial uses. However, the zoning on part of the property is currently and will remain Rural 4 and the applicant can continue with the uses permitted in the Rural 4 zone until such time they desire to rezone to an Industrial use. The applicant's intent is to rezone the property to an industrial use if the current RGS and OCP amendments are successful. 

    7. No recommendations have been made and no approvals will happen on December 7. Please see the answer to question 4. 

    8. If the land is designated Industrial in the RGS and OCP, the applicant will have the option to apply for an Industrial Zoning. There are existing Industrial zoning land use designations in RDN Zoning Bylaw No. 500 and site specific zoning catered to this specific site may be created to address certain uses. 

    9. The applicant's intent is to rezone the property to an industrial use if the current RGS and OCP amendments are successful. A rezoning is a public and discretionary process. A public hearing may be held subject to the Local Government Act. No amendments have been approved for the proposed changes to the RGS, OCP. The comments can pertain to anything relevant to the applications and will be reviewed by the RDN Board prior to consideration of readings or adoption. At this time, no land uses have been changed in this process and no recommendations or decisions will be made at the December 7 meeting. This part of the amendment process is to solicit feedback from stakeholders and residents who consider their interest in property to be affected by the proposed amendment bylaws.

    10. To my knowledge, no. However they could be considered for an amendment if the property owner so chooses to apply for one and Electoral Area A OCP Policy B.7.4. states: Lands designated as Industrial Lands may be considered for rezoning to a rural zone without an amendment to this plan provided that: a. The minimum parcel size is 1.0 ha; and b. The proposed land use is compatible with the surrounding land uses.