Tuesday, June 14, 2011

Email Thread with Planners Noble, Tucker re Mayor's Memo: Port Place Mall

From - Wed May 26 13:20:25 2010
Date: Wed, 26 May 2010 13:20:24 -0700
From: Frank Murphy
Thanks for taking the time to explain this to me Andrew. I appreciate it.


On 26/05/2010 11:52 AM, Andrew Tucker wrote:


You are incorrect. The development permit for 9 Nicol Street (DP613) does not require Council approval. It meets the requirements of the Zoning Bylaw with only one minor variance (which is less than 50% of the required standard). The required building setback is 4.5 metres fronting Nicol Street. The proposed building siting is 2.3 m. (7.58 ft.) from Nicol Street. The proposed setback variance is less than 50 % of the bylaw standard so the DP will be signed off by the General Manager of Development Services.

Section 920 of the Local Government Act provides the statutory authority for the issuance of DPs including the option for Council to delegate its authority. Development Permits (DPs) are not like rezoning applications where a change in use or density is requested. Instead, the legislation for DPs does not require any public process in their approval and stipulates that DPs can only address the general form and character of the proposed building and not particulars of exterior design and finish. Case law has confirmed that the discretion of Council is extremely limited with regards to DPs and that Council cannot refuse to issue a DP for design elements.

Under the City’s delegation by-law (Bylaw 7031), the General Manager of Development Services is delegated the authority to approve the DP. The process by which this occurs is that, following acceptance by the Design Advisory Panel, the application is posted for 5 days in the Councillors’ office for their review and information and then signed off by the GM Development Services. Approximately 64% of all DP applications received by the City are approved by the GM of Development Services following posting.

I trust this clarifies the processing of development permits for you.

Andrew Tucker MCIP
Director of Planning
City of Nanaimo


From: Frank Murphy [mailto:frankmurphy@shaw.ca]

Sent: Tuesday, May 25, 2010 11:09 AM

To: Gary Noble

Cc: Jeremy Holm; Andrew Tucker; Ted Swabey

Subject: Re: Mayor Ruttan's memo

Thanks Gary --

I want to be sure I have this right. No need to reply on this unless I'm incorrect that:

Your are referring to DP000613 at 9 Nicol Street. It will require Council approval before it can proceed.

- Frank


On 25/05/2010 8:44 AM, Gary Noble wrote:

Good morning Frank,

This project has been reviewed and accepted by the Design Advisory Panel. We are awaiting Min. of Environment (MOE) approval under contaminated site legislation. This should be available shortly. With MOE approval the project will be posted for Council review and approval.

Gary Noble MCIP


From: Frank Murphy [mailto:frankmurphy@shaw.ca]

Sent: Sunday, May 23, 2010 1:26 PM

To: Gary Noble; Ted Swabey; Andrew Tucker

Subject: Mayor Ruttan's memo

Hi Gary -- Can I ask you to clarify for me something in Mayor Ruttan's reply to my request re consulting architect Franc D'Ambrosio on the Port Place Mall redevelopment and rezoning applications?

The Mayor's memo states that, "The construction of the Commercial Rental Unit on 9 Nicol Street can proceed to construction as soon as the owner would like to start." Does this application not require Council approval? Has it been approved by Council at this point?

Thanks --



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