AGENDA

REGULAR COUNCIL MEETING

Meeting #:
Date:
Time:
3:30 p.m. to Proceed "In Camera", Open Meeting to Reconvene at 7:00 p.m.
Location:
SHAW AUDITORIUM, VANCOUVER ISLAND CONFERENCE CENTRE
80 COMMERCIAL STREET, NANAIMO, BC

​SCHEDULED RECESS AT 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:

(a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality;

(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;

(g) litigation or potential litigation affecting 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;

(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 (Public Hearing) held in the Shaw Auditorium, 80 Commercial Street, Nanaimo, BC, 2018-JUL-05, at 7:00 p.m.

Minutes of the Regular Council Meeting held in the Shaw Auditorium, 80 Commercial Street, Nanaimo, BC, 2018-JUL-09, at 3:00 p.m.

Minutes of the Special Council Meeting held in the Nanaimo River Room, 80 Commercial Street, Nanaimo, BC, 2018-JUL-13, at 9:00 a.m.

Minutes of the Special Council Meeting held in the Douglas Rispin Room, 80 Commercial Street, Nanaimo, BC, 2018-JUL-23, at 4:00 p.m.

To be introduced by Councillor Thorpe, Chair.

[Note:  Link to the original Finance and Audit Committee Agenda dated 2018-JUN-27, is attached for information.]

It was moved and seconded that the Parks, Recreation and Wellness Committee recommend that Council allocate $25,000 from the 2018 Partners in Parks Program, and $20,000 from the Deferred Revenue Account for Future Partners in Park project, for Fern Neighbourhood Park improvements.

To be introduced by Councillor Bestwick, Chair.

[Note:  Link to original Finance and Audit Committee Agenda dated 2018-JUL-11, is attached for information.]

It was moved and seconded that the Finance and Audit Committee recommend that Council:

  1.  approve a $8,683.50 Heritage Façade Grant for the Parkin Block located at 155 Commercial Street to repaint the building exterior and recover its existing awnings; and,
  2. provide for the $7,978.04 Heritage Façade Grant shortfall through a budget transfer from the Heritage Home Grant Program.

It was moved and seconded that the Finance and Audit Committee recommend that Council approve the request from the Mid-Island Youth and Community Development Cooperative for a Community Program Development Grant in the amount of $2,665 to assist in funding a community-based arts and food festival, Food-Art Fun.

It was moved and seconded that the Finance and Audit Committee recommend that Council provide $65,000 to the Nanaimo Deep Discovery Association, from the Council Contingency Fund, and that the Nanaimo Deep Discovery Association fund the balance requested through other sources.

To be introduced by Dale Lindsay, Director of Community Development.

Purpose:  To introduce a new Smoking Regulation bylaw for Council’s consideration.

Recommendation:

  1. That “Smoking Regulation Bylaw 2018 No. 7268” (To regulate smoking in the City of Nanaimo) pass first reading;
  2. That “Smoking Regulation Bylaw 2018 No. 7268” pass second reading; and,
  3. That “Smoking Regulation Bylaw 2018 No. 7268” pass third reading.

To be introduced by Dale Lindsay, Director of Community Development.

Purpose:  To present Council with proposed amendments to City of Nanaimo “Zoning Bylaw 2011 No. 4500” in order to regulate the sale, production, processing, and distribution of cannabis in the city of Nanaimo.

Recommendation: 

  1. That “Zoning Amendment Bylaw 2018 No. 4500.127” (To regulate the sale, production, processing, and distribution of cannabis within the City of Nanaimo) pass first reading;
  2. That “Zoning Amendment Bylaw 2018 No. 4500.127” pass second reading; and
  3. That Council direct Staff to proceed and advertise a Public Hearing related to “Zoning Bylaw Amendment No. 4500.127” and the ‘Cannabis Retail Store Rezoning Criteria’.

To be introduced by Dale Lindsay, Director of Community Development.

Purpose:  To present Council with the City of Nanaimo “Off-Street Parking Regulations Bylaw 2018 No. 7266”, which, if adopted, will replace “Development Parking Regulations Bylaw 2005 No. 7013” in order to regulate required off-street parking within the city.

Recommendation:

  1. That City of Nanaimo “Off-Street Parking Regulations Bylaw 2018 No. 7266” (To regulate parking within the City of Nanaimo) pass first reading;
  2. That City of Nanaimo “Off-Street Parking Regulations Bylaw 2018 No. 7266” pass second reading; and,
  3. That Council direct Staff to proceed and advertise for a Public Hearing related to the City of Nanaimo “Off-Street Parking Regulations Bylaw 2018 No. 7266” and the City of Nanaimo “Parking Variance Policy”.

To be introduced by Dale Lindsay, Director of Community Development.

Purpose:  To update Council on the progress of the mobile food vending program and to present Council with amendments to City of Nanaimo “Business Licence Bylaw 1998 No. 5351” to further support the mobile food vending industry in Nanaimo.

Recommendation: 

  1. That "Business Licence Amendment Bylaw 2018 No. 5351.13" (To amend the mobile food vending licence process which allows food trucks and trailers to operate in specified on-street and City park locations) pass first reading;
  2. That "Business Licence Amendment Bylaw 2018 No. 5351.13" pass second reading; and,
  3. That "Business Licence Amendment Bylaw 2018 No. 5351.13" pass third reading.

To be introduced by Dale Lindsay, Director of Community Development.

Purpose:  To obtain Council approval for the sale of City-owned land, Lot 7 Encroachment Area adjacent to 4134 Wellesley Avenue.

Recommendation:  That Council:

  1. approve the disposition of City-owned property, Lot 7 Encroachment Area located adjacent to 4134 Wellesley Avenue, to Katie Hommy and Allen Armstrong for the sum of $23,000 plus costs; and,
  2. direct the Mayor and the Corporate Officer to execute the necessary documents to effect the transaction.

To be introduced by Dale Lindsay, Director of Community Development.

Purpose:  To present Council with a rezoning application for site-specific amendments to the Chapel Front (DT5) zone to increase the allowable Floor Area Ratio and the maximum building height to allow a 24-storey high-rise, mixed-use building at 65 and 77 Chapel Street.

Recommendation:

  1. That “Zoning Amendment Bylaw 2018 No. 4500.126” (To rezone 65 and 77 Chapel Street to allow a site-specific Floor Area Ratio of 25 and a site-specific maximum building height of 78.5m in the Chapel Front [DT5] zone) pass first reading;
  2. That “Zoning Amendment Bylaw 2018 No. 4500.126” pass second reading; and
  3. That Council direct Staff to secure the community contribution and road dedication prior to the adoption of the bylaw, should Council support the bylaw at third reading.

To be introduced by Dale Lindsay, Director of Community Development.

Purpose:  To present Council with an application to amend the Section 219 covenant registered on the title of 6201 Oliver Road that contains terms that pertain to a previous development plan.

Recommendation:  That Council direct Staff to proceed with a Public Hearing for Covenant Amendment Application No. CA9 at 6201 Oliver Road.

To be introduced by Dale Lindsay, Director of Community Development.

Purpose:  To present Council with a liquor licence application to permit a liquor primary licensed area within the existing HeliJet passenger terminal located at 100 Port Drive.

Recommendation:  That Council recommend that the Liquor and Cannabis Regulation Branch approve the application to permit a liquor primary licensed area within the HeliJet passenger terminal located at 100 Port Drive.

To be introduced by Dale Lindsay, Director of Community Development.

Purpose:  To present Council with a liquor licence application to permit a ten-person picnic area endorsement for the Longwood Brewery located at Unit 101A, 2046 Boxwood Road.

Recommendation:  That Council authorize the Director of Community Development to notify the Liquor and Cannabis Regulation Branch that the City of Nanaimo permits the ancillary use of a picnic area outside of the Longwood Brewery located at 2046 Boxwood Road.

To be introduced by Dale Lindsay, Director of Community Development.

Purpose:  To present for Council’s consideration, a development permit application for a five-storey, 36-unit condominium development with underground parking.

Recommendation:  That Council issue Development Permit No. DP1032 at 119 Haliburton Street with the following variances:

  • increase the maximum building height from 14m to 16.1m;
  • reduce the minimum required front yard setback for an underground parking structure from 1.8m to 0.97m;
  • reduce the minimum landscape buffer width (north side yard) from 1.8m to 0m; and
  • reduce the minimum landscape buffer width (rear yard) from 1.8m to 1.2m.

To be introduced by Dale Lindsay, Director of Community Development.

Purpose:  To present for Council’s consideration a development permit application for a nine-unit multiple-family development at 1217 Manzanita Place.

Recommendation:  That Council issue Development Permit No. DP1096 at 1217 Manzanita Place with the following variances:

  • increase the maximum allowable building height from 7m up to 10.8m;
  • reduce the required front yard setback from 6m to 5m; and,
  • reduce the required rear yard setback from 7.5m to 3m.

To be introduced by Dale Lindsay, Director of Community Development.

Purpose:  To present for Council’s consideration, a development permit application to allow for a below-grade addition within the watercourse setback to a personal care facility located at 940 Hecate Street

Recommendation:  That Council issue Development Permit No. DP1109 at 940 Hecate Street with the following variance:

  • reduce the watercourse setback measured from the top of bank of the creek from 15m to 4.8m.

To be introduced by Dale Lindsay, Director of Community Development.

Purpose:  To present for Council’s consideration a development permit application to allow the reconstruction of a single residential dwelling within the watercourse setback at 3715 Lagoon Road.

Concurrently, to present for Council’s consideration a development variance permit application to allow the construction of a single residential dwelling with a variance to the minimum rear yard setback.

It is requested that Council hear anyone wishing to speak with respect to DVP317 - 3715 Lagoon Road.

Recommendation:  That Council:

1. Issue Development Permit No. DP1058 at 3715 Lagoon Road with the following variance:

  • reduce the watercourse setback measured from the natural boundary of the ocean from 15m to 8.4m; and,

2. Issue Development Variance Permit No. DVP317 at 3715 Lagoon Road with the following variance:

  • reduce the rear yard setback for a principal building from 7.5m to 1.5m.

To be introduced by Dale Lindsay, Director of Community Development.

Purpose:  To present for Council’s consideration, a development variance permit application to reduce the required front yard and rear yard setbacks and increase the permitted projection of an open deck into the rear yard setback to allow for the relocation of an existing dwelling onto the currently vacant property.

It is requested that Council hear anyone wishing to speak with respect to DVP356 - 703 Hecate Street.

Recommendation:  That Council issue Development Variance Permit No. DVP354 for 703 Hecate Street with the following variances:

  • reduce the minimum front yard setback from 6m to 4.5m;
  • reduce the minimum rear yard setback from 7.5m to 7.14m; and,
  • increase the maximum projection of an open deck into a rear yard setback from 2m to 2.44m.

To be introduced by Dale Lindsay, Director of Community Development.

Purpose:  To present for Council’s consideration, a development variance permit application to vary the minimum lot frontage requirement to facilitate subdivision of the subject property located at 4461 Wellington Road.

It is requested that Council hear anyone wishing to speak with respect to DVP358 - 4461 Wellington Road.

Recommendation:  That Council issue Development Variance Permit No. DVP358 at 4461 Wellington Road with the following variance:

  • reduce the minimum lot frontage requirement from 15m to 14.3m for proposed Lots 2 to 5.

To be introduced by Dale Lindsay, Director of Community Development.

Purpose:  To present, for Council’s consideration, a development variance permit application to reduce the flanking side yard setback to legalize an existing non-conforming single residential dwelling and to reduce the rear yard setback to allow a carport addition to the dwelling.

It is requested that Council hear anyone wishing to speak with respect to DVP359 - 380 Fifth Street.

Recommendation:  That Council issue Development Variance Permit No. DVP359 at 380 Fifth Street with the following variances:

  • reduce the minimum rear yard setback from 7.5m to 5.64m; and,
  • reduce the minimum flanking side yard setback from 4m to 3.14m.

To be introduced by Dale Lindsay, Director of Community Development.

Purpose:  To present for Council’s consideration, a development variance permit application to vary the minimum lot depth requirement to facilitate subdivision of the subject property located at 4285 Jingle Pot Road.

It is requested that Council hear anyone wishing to speak with respect to DVP356 - 4285 Jingle Pot Road.

Recommendation:  That Council issue Development Variance Permit No. DVP356 at 4285 Jingle Pot Road with the following variance:

  • reduce the minimum lot depth requirement from 30m to 25.69m for proposed Lot 7. 

To be introduced by Dale Lindsay, Director of Community Development.

Purpose:  To present for Council’s consideration, a development variance permit application to allow an over-height accessory building at 422 Howard Avenue.

It is requested that Council hear anyone wishing to speak with respect to DVP360 - 422 Howard Avenue.

Recommendation:  That Council issue Development Variance Permit No. DVP360 at 422 Howard Avenue with the following variance:

  • increase the maximum accessory building height for a roof pitch less than 6:12 from 4.5m to 4.62m.

That "Official Community Plan Amendment Bylaw 2018 No. 6500.039" (To include the Hospital Area Plan as an amendment to the Official Community Plan) be adopted.

That "Zoning Amendment Bylaw 2018 No. 4500.123" (To rezone the subject property at 580 St Andrews Street from Single Dwelling Residential [R1] to Single Dwelling Residential - Small Lot [R2]) be adopted.

That "Zoning Amendment Bylaw 2018 No. 4500.125" (To rezone 215 Sabiston Street from Singel Dwelling Residential [R1] to Townhouse Residential [R6]) be adopted.

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