MERGED AGENDA
REGULAR COUNCIL MEETING

5:00 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:

(c) labour relations or other employee relations; 
(i) the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
(n) the consideration of whether a Council meeting should be closed under a provision of this subsection or subsection (2); and,

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.

Minutes of the Special Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2022-SEP-21, at 9:00 a.m.

Minutes of the Special Council (Public Hearing) held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2022-SEP-29, at 7:00 p.m.

Minutes of the Regular Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2022-OCT-03, at 5:00 p.m.

Minutes of the Advisory Committee on Accessibility and Inclusiveness Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Wednesday, 2022-JUN-22 at 4:00 p.m.

Minutes of the Advisory Committee on Accessibility and Inclusiveness Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Wednesday, 2022-SEP-07 at 4:04 p.m.

Minutes of the Governance and Priorities Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2022-SEP-26, at 1:00 p.m.

Minutes of the Environment Committee held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Wednesday, 2022-SEP-28, at 5:02 p.m.

[Note: A link to the 2022-SEP-26 Governance and Priorities Committee Meeting agenda is attached for information]


That Council endorse the Staff recommended projects for 2023 to support and increase affordable housing in the City of Nanaimo as presented in the report dated 2022-JUN-27 by Christy Wood, Social Planner and Lisa Brinkman, Manager of Community Planning, with a prioritization of items A and C in the 2022-SEP-26 report Table 1 - Proposed Projects to Promote Affordable Housing in Nanaimo. 

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;
  • Opportunity for adjacent or affected landowners to provide comments

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 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.

[Note:  Item has been rescheduled to the 2022-NOV-21 Regular Council Meeting.]

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


Purpose:  To obtain Council authorization to enforce the provisions of the Community Charter related to an unauthorized structure.


It is requested that Council hear anyone wishing to speak with respect to Illegal Construction - 2005 Boxwood Road.


Recommendation:  That Council:

  1. issue a Remedial Action Order at 2005 Boxwood Road pursuant to Sections 72 and 73 of the Community Charter;
  2. direct Staff or its authorized agents to take action in accordance with Section 17 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,
  3. direct that the remedial action consist of removing the structures constructed on each side of the main building without a permit.

To be introduced by Sheila Gurrie, Director, Legislative Services.


Purpose:  To bring forward housekeeping amendments to the regulatory bylaws where the reconsideration process is governed under the newly adopted Appeals Procedure Bylaw.


Recommendation:  


1.  Sewer Regulation and Charge Amendment Bylaw


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 given first reading.


That “Sewer Regulation and Charge Amendment Bylaw 2022 No. 2496.36 be given second reading.


That “Sewer Regulation and Charge Amendment Bylaw 2022 No. 2496.36 be given third reading.


2.  Flood Prevention Amendment Bylaw


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 given first reading.


That “Flood Prevention Amendment Bylaw 2022 No. 5101.01 be given second reading.


That “Flood Prevention Amendment Bylaw 2022 No. 5101.01 be given third reading.


3.  Waterworks Rate and Regulation Amendment Bylaw


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 given first reading.


That “Waterworks Rate and Regulation Amendment Bylaw 2022 No. 7004.19” be given second reading.


That “Waterworks Rate and Regulation Amendment Bylaw 2022 No. 7004.19” be given third reading.


4.  Management and Protection of Trees Amendment Bylaw


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 given first reading.


That “Management and Protection of Trees Amendment Bylaw 2022 No. 7126.02 be given second reading.


That “Management and Protection of Trees Amendment Bylaw 2022 No. 7126.02 be given third reading.


5.  Property Maintenance and Standards Amendment Bylaw


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


That “Property Maintenance and Standards Bylaw 2022 No. 7242.02 be given second reading.


That “Property Maintenance and Standards Bylaw 2022 No. 7242.02 be given third reading.


6.  Business Licence Amendment Bylaw


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


That “Business Licence Amendment Bylaw 2022 No. 7318.01” be given second reading.


That “Business Licence Amendment Bylaw 2022 No. 7318.01” be given third reading.


7.  Chauffeurs Regulation Amendment Bylaw


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


That “Chauffeurs Regulation Amendment Bylaw 2022 No. 7319” be given second reading.


That “Chauffeurs Regulation Amendment Bylaw 2022 No. 7319” be given third reading.

To be introduced by Sheila Gurrie, Director, Legislative Services.


Purpose:  To introduce an amendment to the Bylaw Notice Enforcement Bylaw to correct references to bylaw provisions and address fine inconsistencies in the Waterworks Rate and Regulation Bylaw.


Recommendation:  


That Bylaw Notice Enforcement Bylaw 2022 No. 7159.17 (a bylaw to correct references to bylaw provisions and address fine inconsistencies) be given first reading.


That Bylaw Notice Enforcement Bylaw 2022 No. 7159.17 be given second reading.


That Bylaw Notice Enforcement Bylaw 2022 No. 7159.17 be given third reading.

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


Purpose:  To seek Council’s approval to implement a grant program to assist downtown businesses with the cost of work required to repair damage to, and remove graffiti from, their premises arising from incidents of break-in or vandalism in accordance with the recommendations of the Downtown Nanaimo Community Safety Action Plan.


Recommendation:  That Council authorize Staff to enter into a service agreement with the Greater Nanaimo Chamber of Commerce to formalize the Vandalism Relief Grant program to assist downtown businesses with the cost of work required to repair damage to, and remove graffiti from, their premises arising from incidents of break-in or vandalism.

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


Purpose:  To present for Council’s consideration a concurrent development permit application and development variance permit application to reduce the required watercourse setback, side and rear yard setbacks, and to increase the allowable fence height and lot coverage to allow the siting of an existing non-conforming dwelling and the reconstruction of an existing deck with a pool at 6083 Garside Road.


It is requested that Council hear anyone wishing to speak with respect to Development Variance Permit Application No. DVP419 - 6083 Garside Road.


Recommendation:  That Council issue:

  1. Development Permit No. DP1272 at 6083 Garside Road with a variance to the watercourse setback from the wetland adjacent to Brannen Lake from 15m to 1.1m to allow an existing non-conforming dwelling and proposed site improvements; and,
  2. Development Variance Permit No. DVP419 at 6083 Garside Road with with variances to the side and rear yard setbacks; fence height; and lot coverage as outlined in the “Proposed Variances” section of the Staff Report dated 2022-OCT-24.

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


Purpose:  To present for Council’s consideration a development permit application for a multi-family rental residential development at 2103 Bowen Road.


Recommendation:  That Council issue Development Permit No. DP1253 for a multi-family residential development at 2103 Bowen Road with variances to building height setbacks; fence height; refuse receptacle enclosure setbacks; landscaping requirements; and parking requirements as outlined in the “Proposed Variances” section of the Staff Report dated 2022-OCT-24.

To be introduced by Bill Corsan, Director, Corporate and Business Development.


Purpose:  To obtain Council approval for a multi-family development at 235 Wallace Street to be included in the Downtown Revitalization Tax Exemption program.


Recommendation:  That Council approve the Revitalization Tax Exemption Agreement for a proposed 195-unit multi-family development at 235 Wallace Street.

To be introduced by Bill Corsan, Director, Corporate and Business Development.


Purpose:  To obtain Council approval to amend the Tax Exemption Agreement for a multi-family development building at 340 Campbell Street.


Recommendation:  That Council approve the amended Revitalization Tax Exemption Agreement for a proposed 163-unit multi-family development at 340 Campbell Street.

13.

 

That "Zoning Amendment Bylaw 2020 No. 4500.169" (To rezone portions of 3500 Rock City Road from Low Density Residential [R6] to Medium Density Residential [R8] with site-specific Floor Area Ratio) be adopted.

That “Zoning Amendment Bylaw 2022 No. 4500.198” (To rezone 5707 Lost Lake Road from Single Dwelling Residential [R1] to Low Density Residential [R6] to allow a multi-family residential development) be adopted.

That "Zoning Amendment Bylaw 2022 No. 4500.200” (to rezone 2086 and 2090 East Wellington Road from Rural Resource [AR1] to High Tech Industrial [I3] with an additional site-specific use to allow a proposed data centre) pass third reading.

That “Zoning Amendment Bylaw 2022 No. 4500.204” (to rezone 444, 450, 500 Comox Road, 55 Mill Street, and 1 Terminal Avenue from Medium Density Residential [R8] and Gateway [DT12] to Comprehensive Development District Zone Seven [CD7] and to amend the CD7 zone with new zoning regulations, to facilitate a mixed-use development and subdivision) pass third reading.

That “Land Use Contract Discharge Bylaw 2022 No. 7355” (to discharge an existing Land Use Contract from the property title of 500 Comox Road) pass third reading.

That “Housing Agreement Bylaw 2022 No. 7357” (to secure the terms and conditions of occupancy for a residential shelter at 3059 Glen Eagle Crescent) be adopted.

That the “Property Tax Exemption Bylaw, 2022 No. 7358” (a bylaw to exempt certain land and buildings from taxation) be adopted.

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