AGENDA
REGULAR COUNCIL MEETING

Monday, October 16, 2023

4:00 p.m. To Proceed In Camera, Reconvene Regular Council Meeting 7:00 p.m.

SHAW AUDITORIUM, VANCOUVER ISLAND CONFERENCE CENTRE

80 COMMERCIAL STREET, NANAIMO, BC

SCHEDULED RECESS AT 9:00 P.M.

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1.

CALL THE MEETING TO ORDER:

2.

PROCEDURAL MOTION:

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;

(c)        labour relations or other employee relations; 

(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;

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

(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.

3.

INTRODUCTION OF LATE ITEMS:

4.

APPROVAL OF THE AGENDA:

5.

ADOPTION OF THE MINUTES:

a.

Minutes

Minutes of the Special Council Meeting (Public Hearing) held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Thursday, 2023-SEP-14, at 7:00 p.m.

b.

Minutes

Minutes of the Regular Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2023-SEP-25, at 4:30 p.m.

6.

MAYOR'S REPORT:

7.

RISE AND REPORT:

8.

PRESENTATIONS:

a.

Darren Moss, Nanaimo Development Group, and Jeremy Holm, Director, Development Approvals, re:   Approvals Process Improvements Update

[Note:  PowerPoint presentation to be distributed on the Addendum.]

b.

Rob Turnbull, President and Chief Executive Officer, Streetohome Foundation, and Dave Hammond, prominent member of the business community, re: Streetohome Foundation

[Note:  PowerPoint presentation to be distributed on the Addendum.]

9.

COMMITTEE MINUTES:

a.

Minutes

Minutes of the Finance and Audit Committee Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Wednesday, 2023-JUL-19, at 9:00 a.m.

10.

CONSENT ITEMS:

11.

DELEGATIONS:

12.

REPORTS:

a.

Harewood Centennial Turf Fields Reserve Fund Bylaw

To be introduced by Laura Mercer, Director, Finance.

Purpose:  To introduce “Harewood Centennial Turf Fields Reserve Fund Bylaw 2023 No. 7369” for first, second and third readings.

Recommendation:  

1. That “Harewood Centennial Turf Fields Reserve Fund Bylaw 2023 No. 7369” (To establish a Harewood Centennial Turf Fields Reserve Fund) pass first reading;

2. That “Harewood Centennial Turf Fields Reserve Fund Bylaw 2023 No. 7369” pass second reading; and,

3. That “Harewood Centennial Turf Fields Reserve Fund Bylaw 2023 No. 7369” pass third reading.

b.

Highway Closure and Dedication Removal a Portion of Melideo Road and a Portion of Old Victoria Road Adjacent to 1044 & 1048 Old Victoria Road Bylaw 2023 No. 7367

To be introduced by Bill Corsan, Director, Corporate and Business Development.

Purpose:  To obtain Council approval to close a portion of Melideo Road and a portion of Old Victoria Road and obtain approval to enter into a Land Exchange Agreement with the Owners of 1044 & 1048 Old Victoria Road to dedicate part of their property for road in exchange for the road closure areas.

Recommendation:  That:

1. Council authorize the road closure and disposition of a portion of Melideo Road and a portion of Old Victoria Road, and direct Staff to enter into a Road Closure and Land Exchange Agreement;
2. “Highway Closure and Dedication Removal Bylaw 2023 No. 7367” (to provide for highway closure and dedication removal of a portion of Melideo Road and portion of Old Victoria Road adjacent to 1044 and 1048 Old Victoria Road) pass first reading;
3. “Highway Closure and Dedication Removal Bylaw 2023 No. 7367” pass second reading; and,
4. Council direct Staff to proceed with public notice for the closure and disposition of a portion of Melideo Road and a portion of Old Victoria Road.

c.

Alternative Approval Process Results - "Park Dedication Bylaw Amendment Bylaw 2023 No. 7182.01"

To be introduced by Sheila Gurrie, Director, Legislative Services.

Purpose:  To provide Council with the results of the Alternative Approval Process for "Park Dedication Bylaw Amendment Bylaw 2023 No. 7182.01".

d.

Covenant Amendment Application No. CA17 - 6340 McRobb Avenue

To be introduced by Jeremy Holm, Director, Planning and Development.

Purpose:  To present Council with an application to discharge and replace existing Section 219 covenants at 6340 McRobb Avenue, in order to facilitate the development of Phases 2 and 3 of a 6-storey multi-family residential project.

Recommendation:  That Council direct Staff to proceed with a Public Hearing to consider the proposed Covenant Amendment.

e.

Development Permit Application No. DP1291 - 13, 17 & 21 Haliburton Street

To be introduced by Jeremy Holm, Director, Planning and Development.

Purpose:  To present for Council’s consideration a development permit application for a multi-family development at 13, 17 and 21 Haliburton Street.

Recommendation:  That Council issue Development Permit No. DP1291 for a 44-unit multi-family development at 13, 17 and 21 Haliburton Street with variances as outlined in the “Proposed Variances” section of the Staff Report dated 2023-OCT-16.

f.

Rezoning Application No. RA492 - 6074 Metral Drive

To be introduced by Jeremy Holm, Director, Planning and Development.

Purpose:  To present Council with an application to rezone 6074 Metral Drive from Single Dwelling Residential [R1] to Residential Corridor [COR1] to facilitate a multi-family development. 

Recommendation:

1. That “Zoning Amendment Bylaw 2023 No. 4500.216” (to rezone 6074 Metral Drive from Single Dwelling Residential [R1] to Residential Corridor [COR1]) pass first reading;
2. That “Zoning Amendment Bylaw 2023 No. 4500.216” pass second reading; and,
3. That Council direct Staff to secure the conditions related to "Zoning Amendment Bylaw 2023 No. 4500.216" as outlined in the "Conditions of Rezoning" section of the Staff Report dated 2023-OCT-16 should Council support the bylaw at third reading.

g.

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

To be introduced by Jeremy Holm, Director, Planning and Development.

Purpose:  To present for Council’s consideration an application 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], in order to facilitate a residential, industrial, and mixed-use development aligned with the Sandstone Master Plan.

Recommendation:  That:

1. “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 first reading;
2. “Zoning Amendment Bylaw 2023 No. 4500.215” pass second reading; and,
3. Council direct Staff to secure the conditions related to “Zoning Amendment Bylaw 2023 No. 4500.215” as outlined in the “Conditions of Rezoning” section of the Staff Report dated 2023-SEP-25 should Council support the bylaw at third reading.

 

13.

BYLAWS:

a.

“Zoning Bylaw Amendment Bylaw 2022 No. 4500.204”

That “Zoning Amendment Bylaw 2022 No. 4500.204” (to rezone 444, 450, 500 Comox Road, 55 Mill Street, and 1 Terminal Avenue from Medium Density Residential [R8] and Gateway [DT12] to Comprehensive Development District Zone Seven [CD7] and to amend the CD7 zone with new zoning regulations, to facilitate a mixed‑use development and subdivision) be adopted.

b.

“Land Use Contract Discharge Bylaw 2022 No. 7355”

That “Land Use Contract Discharge Bylaw 2022 No. 7355” (to discharge an existing Land Use Contract from the property title of 500 Comox Road) be adopted.

c.

“Zoning Bylaw Amendment Bylaw 2022 No. 4500.205”

That “Zoning Amendment Bylaw 2022 No. 4500.205” (to rezone 5645 and 5655/5657 Metral Drive from Single Dwelling Residential [R1] and Duplex Residential [R4] to Low Density Residential [R6] with site-specific provisions to increase the maximum allowable floor area ratio to 0.75 and increase the maximum principal building height to 13.0m) be adopted. 

d.

"Zoning Amendment Bylaw 2023 No. 4500.208"

That "Zoning Amendment Bylaw 2023 No. 4500.208" (to rezone 6030 Pine Ridge Crescent from Single Dwelling Residential [R1] to Three and Four Unit Residential [R5]) be adopted. 

e.

“Building Bylaw Amendment Bylaw 2023 No. 7224.05”

That “Building Bylaw Amendment Bylaw 2023 No. 7224.05” (to introduce Zero Carbon Step Code and revise BC Energy Step Code regulations) be adopted. 

f.

"Municipal Highway Naming (Loretta Lane) Bylaw 2023 No. 7366"

That “Municipal Highway Naming (Loretta Lane) Bylaw 2023 No. 7366” (to provide for the naming of a municipal highway) be adopted.

g.

“Property Tax Exemption Bylaw, 2023 No. 7368”

That “Property Tax Exemption Bylaw, 2023 No. 7368” (a bylaw to exempt certain land and buildings from taxation) be adopted.

14.

NOTICE OF MOTION:

15.

OTHER BUSINESS:

a.

Correspondence, dated 2023-SEP-29, from Keith Wilson, Nanaimo Youth Services Association Re:  Support for a Nanaimo Foundry location

16.

QUESTION PERIOD:

17.

ADJOURNMENT: