AGENDA

FOR THE SPECIAL COUNCIL MEETING (PUBLIC HEARING)

Meeting #:
Date:	Wednesday, October 09, 2019 at 7:00 P.m. - 11:00 P.m.
Location:	SHAW AUDITORIUM, VANCOUVER ISLAND CONFERENCE CENTRE 80 COMMERCIAL STREET, NANAIMO, BC

SCHEDULED RECESS AT 9:00 P.M.

---

1.

CALL THE SPECIAL MEETING OF COUNCIL TO ORDER:

2.

INTRODUCTION OF LATE ITEMS:

3.

ADOPTION OF AGENDA:

4.

RECONVENE THE PUBLIC HEARING OF 2019-SEP-19:

Lainya Rowett, Manager, Current Planning, to explain the required procedures in conducting a Public Hearing and the regulations contained within Part 14 of the Local Government Act.

a.

OCP Amendment Application - OCP89 and Rezoning Application RA395 - 388 Machleary Street

To be introduced by Lainya Rowett, Manager, Current Planning.

Call for submissions from the public.

5.

FINAL CALL FOR SUBMISSIONS REGARDING OCP AMENDMENT APPLICATION - OCP89 AND REZONING APPLICATION RA395 - 388 MACHLEARY STREET:

Following the close of a Public Hearing, no further submissions or comment from the public or interested persons can be accepted by members of City Council, as established by provincial case law. This is to ensure a fair Public Hearing process and provide a reasonable opportunity for people to respond.

6.

ADJOURNMENT OF THE 2019-SEP-19 PUBLIC HEARING:

7.

PUBLIC HEARING AGENDA

​Lainya Rowett, Manager, Current Planning, to explain the required procedures in conducting a Public Hearing and the regulations contained within Part 14 of the Local Government Act.

a.

 Zoning Bylaw Schedule D Amendments - Step Code Implementation

To be introduced by Lainya Rowett, Manager, Current Planning.

Call for submissions from the public.

8.

FINAL CALL FOR SUBMISSIONS:

​Following the close of a Public Hearing, no further submissions or comments from the public or interested persons can be accepted by members of City Council, as established by provincial case law.  This is to ensure a fair Public Hearing process and provide a reasonable opportunity for people to respond.

9.

ADJOURNMENT OF THE PUBLIC HEARING

10.

BYLAWS:

a.

“Official Community Plan Amendment Bylaw 2019 No. 6500.040”

That "Official Community Plan Amendment Bylaw 2019 No. 6500.040" (To re-designate 388 Machleary Street on the Future Land Use Plan [Map 1] from 'Neighbourhood' to 'Corridor', and to amend the text of Section 4.1.2 'Land Use Designations' of the Old City Neighbourhood Concept Plan) pass third reading.

b.

“Zoning Amendment Bylaw 2019 No. 4500.124”

That "Zoning Amendment Bylaw 2019 No. 4500.124" (To rezone 388 Machleary Street from Community service One [CS1] to Comprehensive Development Eleven [CD11]) pass third reading.

c.

"Zoning Amendment Bylaw 2019 No. 4500.154"

That "Zoning Amendment Bylaw 2019 No. 4500.154" (To amend Schedule D of the Zoning Bylaw to modify Category 5 - Energy Management to include reference to the BC Energy Step Code) pass third reading.

11.

REPORTS:

a.

Unauthorized Structure - 479 Park Avenue

To be introduced by Dave Laberge, Manager, Bylaw Services.

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 Unauthorized Structure - 479 Park Avenue.

Recommendation:  That Council:

1. issue a Remedial Action Order at 479 Park Avenue pursuant to Sections 72 and 73 of the Community Charter;
2. direct Staff to advise the owner that he may request Council reconsider the Remedial Action Order by providing written notice within 14 days of the date on which notice of the remedial action requirement was sent;
3. 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,
4. direct that the remedial action consist of removal of the unauthorized lean-to structure.

b.

Unauthorized Structure - 3440 Shenton Road

To be introduced by Dave Laberge, Manager,  Bylaw Services.

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

It is requested that Council hear anyone wishing to speak with respect to Unauthorized Structure - 3440 Shenton Road.

Recommendation:  That Council:

1. issue a Remedial Action Order at 3440 Shenton Road pursuant to Sections 72 and 73 of the Community Charter;
2. direct Staff to advise the owner that he may request Council reconsider the Remedial Action Order by providing written notice within 14 days of the date on which notice of the remedial action requirement was sent;
3. 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,
4. direct that the remedial action consist of removal of the temporary fabric-covered structure.

c.

Bylaw Contravention Notice - Secondary Suite

To be introduced by Darcy Fox, Manager, Building Inspections.

Purpose:  To obtain Council authorization to proceed with the registration of a Bylaw Contravention Notice on the property title of the property listed within this report.

It is requested that Council hear anyone wishing to speak with respect to Bylaw Contravention Notice, Secondary Suite.

Recommendation:  That Council direct the Corporate Officer to file a Bylaw Contravention Notice at the Land Title and Survey Authority of British Columbia under Section 57 of the Community Charter for the following property:

1. 432 Stable Place – illegal secondary suite

d.

Bylaw Contravention Notice - Construction Started Without a Building Permit - 2805/2817/2829 Glenayr Drive

To be introduced by Darcy Fox, Manager, Building Inspections.

Purpose:  To obtain Council authorization to proceed with the registration of a Bylaw Contravention Notice on the property title of 2805/2817/2829 Glenayr Drive.

It is requested that Council hear anyone wishing to speak with respect to Bylaw Contravention Notice - 2805/2817/2829 Glenayr Drive.

Recommendation:  That Council direct the Corporate Officer to file a Bylaw Contravention Notice at the Land Title and Survey Authority of British Columbia under Section 57 of the Community Charter for the property located at 2805/2817/2829 Glenayr Drive for construction started without a building permit in contravention of “Building Bylaw 2016 No. 7224”.

e.

Bylaw Contravention Notice - Construction Started Without a Building Permit - 337 Ninth Street 

To be introduced by Darcy Fox, Manager, Building Inspections.

Purpose:  To obtain Council authorization to proceed with the registration of a Bylaw Contravention Notice on the property title of 337 Ninth Street.

It is requested that Council hear anyone wishing to speak with respect to Bylaw Contravention Notice - 337 Ninth Street.

Recommendation:  That Council direct the Corporate Officer to file a Bylaw Contravention Notice at the Land Title and Survey Authority of British Columbia under Section 57 of the Community Charter for the property located at 337 Ninth Street for construction started without a building permit in contravention of “Building Bylaw 2016 No. 7224”.

f.

Bylaw Contravention Notice - Construction Started Without A Building Permit - 4663 Lost Lake Road

To be introduced by Darcy Fox, Manager, Building Inspections.

Purpose:  To obtain Council authorization to proceed with the registration of a Bylaw Contravention Notice on the property title of 4663 Lost Lake Road.

It is requested that Council hear anyone wishing to speak with respect to Bylaw Contravention Notice - 4663 Lost Lake Road.

Recommendation:  That Council direct the Corporate Officer to file a Bylaw Contravention Notice at the Land Title and Survey Authority of British Columbia under Section 57 of the Community Charter for the property located at 4663 Lost Lake Road for construction started without a building permit in contravention of “Building Bylaw 2016 No. 7224”.

12.

ADJOURNMENT: