AGENDA
SPECIAL COUNCIL MEETING (PUBLIC HEARING)

-
SHAW AUDITORIUM, VANCOUVER ISLAND CONFERENCE CENTRE
80 COMMERCIAL STREET, NANAIMO, BC

SCHEDULED RECESS 9:00 P.M.

1.
CALL THE MEETING TO ORDER:

 

2.
INTRODUCTION OF LATE ITEMS:

 

3.
ADOPTION OF AGENDA:

 

4.
PUBLIC HEARING REQUIREMENTS:

 

Chair to explain the Public Hearing process.

5.
CALL THE PUBLIC HEARING TO ORDER FOR COVENANT AMENDMENT APPLICATION NO. CA17 - 6340 MCROBB AVENUE

 

a.
Covenant Amendment Application No. CA17 - 6340 McRobb Avenue

This item has attachments. 
1.RPT_C231016CA17_6340McRobbAvenue.pdf
2.AttA_SubjectPropertyMap_CA17_6340McRobbAvenue_RPT_C231016.pdf
3.AttB_ExistingCovenants_CA17_6340McRobbAvenue_RPT_C231016.pdf
4.AttC_LetterOfRationaleAndProposedAmendments_CA17_6340McRobbAvenue_RPT_C231016.pdf
5.AttD_ConceptualSitePlan_CA17_6340McRobbAvenue_RPT_C231016.pdf
6.AttE_BuildingCrossSectionComparison_CA17_6340McRobbAvenue_RPT_C231016.pdf
7.AttF_ShadowStudy_CA17_6340McRobbAvenue_RPT_C231016.pdf

[Note:  Please click to view the Public Hearing Written Submissions.]


To be introduced by Staff.


The Applicant to be provided an opportunity to outline their proposal.


Comments from the Public.


Following the close of the Public Hearing for Covenant Amendment Application No. CA17 - 6340 McRobb Avenue, no further comments or submissions can be accepted by members of City Council.


ADJOURN THE PUBLIC HEARING FOR CA17 - 6340 MCROBB AVENUE.

6.
CALL THE PUBLIC HEARING TO ORDER FOR REZONING APPLICATION NO. RA492 - 6074 METRAL DRIVE, ZONING AMENDMENT BYLAW 4500.216

 

a.
Rezoning Application No. RA492 - 6074 Metral Drive

This item has attachments. 
1.RPT_C231016RA492_6074MetralDrive.pdf
2.AttA_SubjectPropertyMap_RA492_6074MetralDrive_RPT_C231016.pdf
3.AttB_ConceptualSitePlan_RA492_6074MetralDrive_RPT_C231016.pdf
4.AttC_ConceptualBuildingPerspectives_RA492_6074MetralDrive_RPT_C231016.pdf
5.Public Hearing Blank Bylaw Page.pdf
6.B4500_216.pdf

[Note:  Please click to view the Public Hearing Written Submissions.]


To be introduced by Staff.


The Applicant to be provided an opportunity to outline their proposal.


Comments from the Public.


Following the close of the Public Hearing for Rezoning Application No. RA492 - 6074 Metral Drive, no further comments or submissions can be accepted by members of City Council.


ADJOURN THE PUBLIC HEARING FOR RA492 - 6074 METRAL DRIVE


Bylaw:


That “Zoning Amendment Bylaw 2023 No. 4500.216” (to rezone 6074 Metral Drive from Single Dwelling Residential [R1] to Residential Corridor [COR1]) pass third reading.

7.
CALL THE PUBLIC HEARING TO ORDER FOR REZONING APPLICATION NO. RA461 - 1100 CEDAR ROAD, 1505 & 1605 FIELDING ROAD, 1759 RAJEENA WAY, ZONING AMENDMENT BYLAW 4500.215 (SANDSTONE)

 

a.
Rezoning Application No. RA461 - 1100 Cedar Road, 1505 & 1605 Fielding Road, and 1750 Rajeena Way (Sandstone)

This item has attachments. 
1.RPT_C231016RA461_Sandstone-1100CedarRoad-1505and1605FieldingRoad-1750RajeenaWay.pdf
2.AttA_SubjectPropertyMap_RPT_C231016RA461_1100CedarRoad.pdf
3.AttB_AerialPhoto_RPT_C231016RA461_1100CedarRoad.pdf
4.AttC_ProposedZoningMap_RPT_C231016RA461_1100CedarRoad.pdf
5.AttD_ConceptualPlan_RPT_C231016RA461_1100CedarRoad.pdf
6.AttE_SummaryofConditions_RPT_C231016RA461_1100CedarRoad.pdf
7.AttF_TransportationMitigationMeasures_RPT_C231016RA461_1100CedarRoad.pdf
8.AttG_CityStaffTransportationComments_RPT_C231016RA461_1100CedarRoad.pdf
9.AttH_SandstoneParksandOpenSpaceMasterPlan_RPT_C231016RA461_1100CedarRoad.pdf
10.AttI_LinkstoTechnicalStudies_RPT_C231016RA461_1100CedarRoad.pdf
11.Public Hearing Blank Bylaw Page(1).pdf
12.B4500_215.pdf

[Note:  Please click to view the Public Hearing Written Submissions.]


To be introduced by Staff.


The Applicant to be provided an opportunity to outline their proposal.


Comments from the Public.


Following the close of the Public Hearing for Rezoning Application No. RA461 - 1100 Cedar Road, 1505 & 1605 Fielding Road, 1750 Rajeena Way (Sandstone), no further comments or submissions can be accepted by members of City Council.


ADJOURN THE PUBLIC HEARING FOR RA461 - 1100 CEDAR ROAD, 1505 & 1605 FIELDING ROAD, 1750 RAJEENA WAY (SANDSTONE).


Bylaw:


That “Zoning Amendment Bylaw 2023 No. 4500.215” (to rezone 1100 Cedar Road, 1505 & 1605 Fielding Road, and 1750 Rajeena Way from Rural Resource [AR1] and Parks, Recreation, and Culture One [PRC1] to Steep Slope Residential [R10], Highway Industrial [I1], Light Industrial [I2], and Comprehensive Development District Zone Thirteen [CD13]) pass third reading.

8.
REPORTS:

 

a.
Bylaw Contravention Notice - Construction Started Without A Building Permit - 3459 Tunnah Road

This item has attachments. 
1.RPT_PH231116IllegalConstruction_3459TunnahRoad.pdf

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 3459 Tunnah 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 3459 Tunnah Road for construction started without a building permit in contravention of “Building Bylaw 2016 No. 7224”.

b.
Bylaw Contravention Notice - Construction Started Without A Building Permit - 1050 Cedar Road

This item has attachments. 
1.RPT_PH231116IllegalConstruction_1050CedarRoad.pdf

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 1050 Cedar 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 1050 Cedar Road for construction started without a building permit in contravention of “Building Bylaw 2016 No. 7224”.

c.
Bylaw Contravention Notice - Construction Started Without A Building Permit - 46 Pirates Lane

This item has attachments. 
1.RPT_PH231116IllegalConstruction_46PiratesLane.pdf

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 46 Pirates Lane.


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 46 Pirates Lane for construction started without a building permit in contravention of “Building Bylaw 2016 No. 7224”.

d.
Bylaw Contravention Notice - Construction Started Without A Building Permit - 458 Stirling Avenue

This item has attachments. 
1.RPT_PH231116IllegalConstruction_458StirlingAvenue.pdf

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 458 Stirling Avenue.


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 458 Stirling Avenue 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 - 17 - 111 Wall Street

This item has attachments. 
1.RPT_PH231116IllegalConstruction_17-111WallStreet.pdf

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 #17 – 111 Wall 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 #17 – 111 Wall 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 - 6220 Icarus Drive

This item has attachments. 
1.RPT_PH231116IllegalConstruction_6220IcarusDrive.pdf

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 6220 Icarus 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 6220 Icarus Drive for construction started without a building permit in contravention of “Building Bylaw 2016 No. 7224”.

g.
Bylaw Contravention Notice - Construction Started Without A Building Permit - 5353 Dewar Road

This item has attachments. 
1.RPT_PH231116IllegalConstruction_5353DewarRoad.pdf

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 5353 Dewar 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 5353 Dewar Road for construction started without a building permit in contravention of “Building Bylaw 2016 No. 7224”.

h.
Remedial Action Requirement - 30 Robarts Street

This item has attachments. 
1.RPT_PH231116RemedialActionRequirement_30RobartsStreet.pdf

To be introduced by David LaBerge, Director, Bylaw Services.


Purpose:  To inform Council that a retaining wall on the property at 30 Robarts Street has failed and is hazardous, and to recommend remedial action requirements be imposed pursuant to the provisions of the Community Charter requiring a full geotechnical review and replacement of the retaining wall in accordance with the Engineers and Geoscientists BC guidelines with an approved building permit.


Recommendation:  That Council:

  1. issue a Remedial Action Requirement at 30 Robarts Street pursuant to Sections 72 and 73 of the Community Charter;
  1. direct Staff to advise the owner(s) that they may request Council reconsider the Remedial Action Requirement by providing written notice within 14 days of the date on which notice of the remedial action requirement was sent;
  1. 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,
  1. direct the remedial action require the removal of the failed retaining wall, completion of a full geotechnical review, and installation of a new retaining wall engineered to EGBC guidelines with an approved building permit.

9.
ADJOURNMENT:

 
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