MERGED AGENDA 

REGULAR COUNCIL MEETING

Meeting #:
Date:
Time:
4:00 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;

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

(j) information that is prohibited, or information that if it were presented in a document would be prohibited, from disclosure under Section 21 of the Freedom of Information and Protection of Privacy Act;

(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 Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Wednesday, 2018-OCT-03 at 3:00 p.m.

Minutes of the Special Council Meeting (Public Hearing) held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo BC, on Thursday, 2018-OCT-04 at 7:00 p.m.

Minutes of the Special Council Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Friday, 2018-OCT-12 at 11:00 a.m.

Minutes of the Regular Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2018-OCT-15 at 5:00 p.m.

That Council receive, for information, the following Committee Minutes:

  1. Design Advisory Panel Meeting held on Thursday, 2018-APR-12, at 5:00 p.m.
  2. Community Vitality Committee Meeting held on Wednesday, 2018-MAY-02 at 4:30 p.m.
  3. Community Vitality Committee Meeting held on Wednesday, 2018-JUN-06 at 4:30 p.m.
  4. Public Works and Engineering Committee Meeting held on Wednesday, 2018-JUN-13 at 4:30 p.m.
  5. Community Vitality Committee Meeting held on Wednesday, 2018-JUL-04 at 4:30 p.m.
  6. Design Advisory Panel Meeting held on Thursday, 2018-SEP-13 at 5:30 p.m.
  7. Community Planning and Development Committee Meeting held on Tuesday, 2018-SEP-18, at 5:00 p.m.
  8. Nanaimo Youth Advisory Committee Meeting held on Wednesday, 2018-SEP-19, at 4:30 p.m.

To be introduced by Sheila Gurrie, Chief Election Officer.

Purpose:  To advise Council of the 2018 General Local Election Results.

Recommendation:  That the 2018 Election Results report, dated 2018-NOV-19, be received for information.

To be introduced by Sheila Gurrie, City Clerk.

Purpose:  To present Council with a draft Committee of the Whole Delegation Policy to provide guidelines for delegations to Committee of the Whole Meetings where applicable legislation is silent.

Recommendation:  That Council adopt the Committee of the Whole Delegation Policy, 01-540-20, dated 2018-NOV-19.

To be introduced by David Laberge, Manager, Community Safety.

Purpose:  To inform Council of ongoing activities at 5350 Metral Drive, Nanaimo, BC which substantially and unreasonably interfere with other persons’ use and enjoyment of property, and require repeated calls for police services to abate nuisances.

Recommendation:  That Council declare 5350 Metral Drive a “Nuisance” pursuant to the “Nuisance Abatement and Cost Recovery Bylaw 2003 No. 5645”, and to authorize Staff to record and charge for municipal services including police required to abate nuisance activity.

To be introduced by David Laberge, Manager, Community Safety.

Purpose:  To have council designate Fire Inspectors and Fire Fighters as “Bylaw Enforcement Officers” to enable efficient enforcement of the provisions of City of Nanaimo “Fire Protection and Life Safety Regulations Bylaw 2011 No. 7108”.

Recommendation:  That Council appoint Fire Inspectors and Fire Fighters as Bylaw Enforcement Officers to enforce the provisions of City of Nanaimo “Fire Protection and Life Safety Regulations Bylaw 2011 No. 7108”.

To be introduced by Bill Corsan, Deputy Director, Community Development.

Purpose:  To obtain Council approval to update the Revitalization Tax Exemption Agreement for 440 Selby Street.

Recommendation:  That Council approve an update to the Revitalization Tax Exemption Agreement for a proposed three-storey hotel at 440 Selby Street.

To be introduced by Dave Laberge, Manager, Community Safety.

Purpose:  To obtain Council authorization to enforce the provisions of the Community Charter related to an unfenced swimming pool. 

Recommendation:  That Council, pursuant to Sections 72 and 73 of the Community Charter, order the owner of 3168 Uplands Drive, within 30 days, to erect a fence as required pursuant to the City of Nanaimo “Building Bylaw 2016 No. 7224” or remove the swimming pool. 

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

Purpose:  To present for Council’s consideration, a development variance permit application to waive the frontage works and services requirements for a proposed subdivision at 1 Port Drive.

It is requested that Council hear anyone wishing to speak with respect to DVP363 - 1 Port Drive.

Recommendation:  That Council issue Development Variance Permit No. DVP363 at 1 Port Drive, to vary “Subdivision Control Bylaw 1989 No. 3260”, to exempt the proposed subdivision from the required works and services.

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

Purpose:  To present for Council’s consideration, a development variance permit application to allow a setback variance for a garage fronting on Whalley Way.

It is requested that Council hear anyone wishing to speak to DVP364 - 4822 Whalley Way.

Recommendation:  That Council issue Development Variance Permit No. DVP364 at 4822 Whalley Way with the following variance:

  • reduce the minimum setback for garage doors facing a street from 6m to 4.37m.

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

Purpose:  To present, for Council’s consideration, a development variance permit application to allow a heat pump to be located to the front of the principal single family dwelling at 3712 Polaris Drive.

It is requested that Council hear anyone wishing to speak with respect to DVP366 - 3712 Polaris Drive.

Recommendation:  That Council issue Development Variance Permit No. DVP366 at 3712 Polaris Drive with the following variance:

  • allow a heat pump to be located to the front of the principal dwelling.

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

Purpose:  To present for Council’s consideration, a development variance permit application to allow a backlit sign at 171 Calder Road.

It is requested that Council hear anyone wishing to speak with respect to DVP368 - 171 Calder Road.

Recommendation:  That Council issue Development Variance Permit No. DVP368 at 171 Calder Road with the following variances within the Parkway Buffer on lands designated as part of the “Rural Parkway”:

  • allow a backlit facia sign; and
  • increase the maximum allowable facia sign size from 5m2 to 11.65m2.

That “Zoning Amendment Bylaw 2018 No. 4500.119” (RA386 - To rezone 40 Maki Road from Single Dwelling Residential-R1 to Highway Industrial‑I1) be adopted.

That "Zoning Amendment Bylaw 2018 No. 4500.126" (To rezone 65 and 77 Chapel Street to allow a site specific Floor Area Ratio of 4.25m and a site‑specific maximum building height of 78.5m in the Chapel Front [DT5] zone) be adopted.

That "Zoning Amendment Bylaw 2018 No. 4500.128" (To rezone portions of the subject properties at 4525 and 4461 Wellington Road from Single Dwelling Residential [R1] to Duplex Residential [R4]) be adopted.

That “Official Community Plan Amendment Bylaw 2018 No. 6500.038” (OCP87 – To re-designate 40 Maki Road on the Future Land Use Plan (Map 1) from ‘Neighbourhood’ to ‘Light Industrial’; and to re-designate 40 Maki Road on the Chase River Neighbourhood Plan Land Use schedule A from ‘Low-Medium Density Residential’ to ‘Service Industrial Enterprise Area’) be adopted.

That “Highway Closure and Dedication Removal Bylaw 2018 No. 7255” (To provide for highway closure and dedication removal of a portion Newcastle Avenue adjacent to 400 Newcastle Avenue) be adopted.

That “Highway Closure and Dedication Removal Bylaw 2018 No. 7265” (To provide for highway closure and dedication removal of an unnamed lane adjacent to 897 Albert Street and 474 and 478 Pine Street) be adopted.