MERGED AGENDA
REGULAR COUNCIL MEETING

3:00 p.m. To Proceed In Camera, Reconvene Regular Council Meeting 7:00 p.m.
SHAW AUDITORIUM, VANCOUVER ISLAND CONFERENCE CENTRE
80 COMMERCIAL STREET, NANAIMO, BC

SCHEDULED RECESS 9:00 P.M.


That the meeting be closed to the public in order to deal with agenda items under the Community Charter:

Section 90(1) A part of the Council meeting may be closed to the public if the subject matter being considered relates to or is one or more of the following:

(i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and,

(n) the consideration of whether a Council meeting should be closed under a provision of this subsection or subsection (2);

Community Charter Section 90(2):

(b) the consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party.

 

(e) the acquisition, disposition or expropriation of land or improvements, if the Council considers that disclosure could reasonably be expected to harm the interests of the municipality.


(k) negotiations and related discussions respecting the proposed provision of a municipal service that are at their preliminary stages and that, in the view of the council, could reasonably be expected to harm the interests of the municipality if they were held in public.

Minutes of the Regular Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2022-OCT-24, at 5:00 p.m.

To be introduced by Bill Sims, General Manager, Engineering and Public Works.


Presentation:

  1. David Thompson, Manager, Roads & Traffic Services and Charlotte Davis, Manager, Parks Operations.

[Note:  A link to the Agenda for the 2022-NOV-16 Finance and Audit Committee Meeting is attached for information.]

That Council approve accelerating the CSOs Vehicle project from 2023 to 2022 in the 2022 – 2026 Financial Plan.

That Council award an Other Grant in the amount of up to $10,000 for the 2022 calendar year to Growing opportunities, with funding to come from the Strategic Infrastructure Reserve Fund, and that the 2022-2027 Financial Plan be amended accordingly.

That Council direct staff to submit an application under the B.C. Active Transportation Infrastructure Grant as follows:

  • Submit an application for the Albert and Fourth Complete Street Ph 2 project, and confirm the local share of $2,324,322 is available and supported, the project is a municipal priority, and the project is “shovel ready” and intended to be complete within the required timeline.

Dr. Dawn Johnson, Vancouver Island University, to speak regarding students research on solutions to current social and environmental struggles in Nanaimo.

Ann Livingston to speak regarding Nanaimo Area Network of Drug Users (NANDU) overdose prevention site.

Brunie Brunie and Errol Home to ask council to not move people from place to place.

Ruth Taylor to speak regarding the impacts of the Nanaimo Area Network of Drug Users (NANDU) site.

To be introduced by Dale Lindsay, General Manager, Development Services/Deputy CAO.


Purpose:  To consider Gabriela Reinhold's (authorized agent for Yan Bernier) request for Council to reconsider the remedial action requirement (under Section 72, 73, and 74 of the Community Charter) for 5 Durham Street as imposed by Council at its October 3, 2022 meeting and grant an extension of 60 or 90 days to obtain a building permit. 


The order of proceedings for this reconsideration prior to Council making its final determination on the resolution will include:

  • Opportunity for Ms. Reinhold to address Council;
  • Staff will then be given the opportunity to respond;

Recommended Options:   


Option 1:


That Council confirm the following resolution that was passed at the October 3, 2022 Regular meeting: 

That Council:

      • Issue a Remedial Action Order at 5 Durham Street pursuant to Sections 72, 73, and 74 of the Community Charter;
      • Direct Staff or its authorized agents to take action in accordance with Section 187 of the Community Charter without further notice and at the owner's expense if the said remedial action is not undertaken within 30 days of Council's resolution; and
      • Direct that the remedial action consist of removing the front entry deck, rear carport and second floor rooms and washrooms which have been constructed without a permit or inspection.

OR


Option 2:


That Council vary the Remedial Action Order to extend the time period to obtain a building permit (as requested by the applicant) as follows: 

That Council:

      • issue a Remedial Action Order at 5 Durham Street pursuant to Sections 72, 73, and 74 of the Community Charter;
      • Direct Staff or its authorized agents to take action in accordance with Section 187 of the Community Charter without further notice and at the owner's expense if the said remedial action is not undertaken within (insert 60 or 90 days here) of Council's resolution; and
      • Direct that the remedial action consist of removing the front entry deck, rear carport and second floor rooms and washrooms which have been constructed without a permit or inspection.

To be introduced by Dale Lindsay, General Manager, Development Services/Deputy CAO.


Purpose:  To present for Council’s consideration, four development variance permits to allow LED menu board signs at four McDonald’s locations.


It is requested that Council hear anyone wishing to speak with respect to DVP414 - 1213 Princess Royal Avenue; DVP436 - 6675 Mary Ellen Drive; DVP437 - 1835 Bowen Road; and DVP438 - 4275 Rutherford Road.


Recommendation:  That Council issue Development Variance Permits at:

  • DVP414 at 1213 Princess Royal Avenue;
  • DVP436 at 6675 Mary Ellen Drive;
  • DVP437 at 1835 Bowen Road; and,
  • DVP438 at 4725 Rutherford Road,

to allow the proposed LED menu board signs

To be introduced by Dale Lindsay, General Manager, Development Services/ Deputy CAO.


Purpose:  To present for Council’s consideration, a development variance permit application to increase the allowable lot coverage and to reduce the rear yard setback requirement to allow an addition to an existing single residential dwelling.


It is requested that Council hear anyone wishing to speak with respect to DVP439 - 6566 Kestrel Crescent.


Recommendation:  That Council issue Development Variance Permit No. DVP439 at 6566 Kestrel Crescent to increase the allowable maximum lot coverage from 40% to 41%; and to reduce the rear yard setback requirement from 7.5m to 6.19m for a proposed addition.

To be introduced by Dale Lindsay, General Manager, Development Services/Deputy CAO.


Purpose:  To present for Council’s consideration, a development variance permit application to reduce the minimum required flanking side yard setback for a proposed single residential dwelling.


It is requested that Council hear anyone wishing to speak with respect to DVP440 - 2592 Departure Bay Road.


Recommendation:  That Council issue Development Variance Permit No. DVP440 at 2592 Departure Bay Road to reduce the minimum flanking side yard setback from 4.0m to 2.0m for a proposed single residential dwelling.

To be introduced by Dale Lindsay, General Manager, Development Services/Deputy CAO.


Purpose:  To present Council with an application to rezone 5645 and 5655/5657 Metral Drive from Single Dwelling Residential (R1) and Duplex Residential (R4) to Low Density Residential (R6) with site-specific density and building height to facilitate a multi-family development.


Recommendation:  That:

  1. “Zoning Amendment Bylaw 2022 No. 4500.205” (To rezone 5645 and 5655/5657 Metral Drive from Single Dwelling Residential [R1] and Duplex Residential [R4] to Low Density Residential [R6] with site-specific provisions to increase the maximum allowable floor area ratio to 0.75 and increase the maximum principal building height to 13.0m pass first reading;
  2. “Zoning Amendment Bylaw 2022 No. 4500.205” pass second reading; and,
  3. Council direct Staff to secure the conditions related to “Zoning Amendment Bylaw 2022 No. 4500.205” as outlined in the “Conditions of Rezoning” section of the Staff report dated 2022-NOV-21 should Council support the bylaw at third reading.

To be introduced by Dale Lindsay, General Manager, Development Services/Deputy CAO.


Purpose:  To present Council with an application to 1) discharge a Section 215 and Section 219 covenant from the property titles of 514, 540 Haliburton Street, 120 Needham Street, and 575 Nicol Street; and, 2) secure a covenant to bind the titles of 120 Needham Street and 575 Nicol Street, in order to facilitate redevelopment of the subject properties.


Recommendation:  That Council direct Staff to proceed with public notification prior to Council’s consideration of Covenant Amendment Application No. CA18 at an upcoming Council meeting.

13.

 

That “Zoning Amendment Bylaw 2021 No. 4500.196” (to rezone 6033 and 6053 Nelson Road from the Single Dwelling Residential [R1], Duplex Residential [R4], Low Density Residential [R6] and Parks Recreation and Culture One [PRC-1] to Low Density Residential [R6] and Medium Density Residential [R8] and Parks Recreation and Culture One [PRC-1] to allow a multi-family residential development) be adopted.

That “Sewer Regulation and Charge Amendment Bylaw 2022 No. 2496.36" (a bylaw to include a provision that points to the Appeals Procedure Bylaw and other housekeeping amendments) be adopted.

That “Flood Prevention Amendment Bylaw 2022 No. 5105.01" (a bylaw to include a provision that points to the Appeals Procedure Bylaw and other housekeeping amendments) be adopted.

That “Waterworks Rate and Regulation Amendment Bylaw 2022 No. 7004.19” (a bylaw to include a provision that points to the Appeals Procedure Bylaw and other housekeeping amendments) be adopted.

That “Management and Protection of Trees Amendment Bylaw 2022 No. 7126.02” (a bylaw to include a provision that points to the Appeals Procedure Bylaw and other housekeeping amendments) be adopted.

That “Property Maintenance and Standards Amendment Bylaw 2022 No. 7242.02” (a bylaw to include a provision that points to the Appeals Procedure Bylaw and other housekeeping amendments) be adopted.

That “Business Licence Amendment Bylaw 2022 No. 7318.01” (a bylaw to include a provision that points to the Appeals Procedure Bylaw) be adopted.

That “Chauffeurs Regulation Amendment Bylaw 2022 No. 7319" (a bylaw to include a provision that points to the Appeals Procedure Bylaw) be adopted.

That "Bylaw Notice Enforcement Amendment Bylaw 2022 No. 7159.17" (a bylaw to correct references to bylaw provisions and address fine inconsistencies) be adopted.

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