MERGED AGENDA
REGULAR COUNCIL MEETING

Monday, August 29, 2022

5:30 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; and,

(n) the consideration of whether a Council meeting should be closed under a provision of this subsection or subsection (2).

3.

INTRODUCTION OF LATE ITEMS:

4.

APPROVAL OF THE AGENDA:

5.

ADOPTION OF THE MINUTES:

a.

Minutes

Minutes of the Regular Council Meeting held in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, on Monday, 2022-JUL-18, at 4:30 p.m.

b.

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, 2022-JUL-21, at 7:00 p.m.

6.

MAYOR'S REPORT:

7.

RISE AND REPORT

8.

PRESENTATIONS:

a.

Nanaimo Art Gallery Feasibility Study 

Carolyn Holmes, Nanaimo Art Gallery, to present the results of the Art Gallery Feasibility Study.  

b.

Mosiac Forest Management

Molly Hudson, Mosaic Forest Management, to provide Council with updates on a number of local topics of interest.

9.

COMMITTEE MINUTES:

a.

Minutes

Minutes of the Design Advisory Panel Meeting held electronically on Thursday, 2022-MAY-12 at 5:00 p.m.

b.

Minutes

Minutes of the Design Advisory Panel Meeting held electronically on Thursday, 2022-MAY-26, at 5:08 p.m.

c.

Minutes

Minutes of the Design Advisory Panel Meeting held electronically on Thursday, 2022-JUN-23, at 5:01 p.m.

d.

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, 2022-JUL-20, at 9:00 a.m.

e.

Minutes

Minutes of the Environment Committee Meeting held in the Boardroom, Service and Resource Centre, 411 Dunsmuir Street, Nanaimo, BC, on Wednesday, 2022-JUL-27 at 5:02 p.m.

10.

CONSENT ITEMS:

a.

Finance and Audit Committee Recommendations 2022-JUL-20

[Note:  A link to the 2022-JUL-20 Finance and Audit Committee Meeting agenda is attached for information]

1.

Travel Assistance Grant - Nanaimo District Lacrosse Association U16 A2 Timbermen

That Council approve a Travel Assistance Grant for the Nanaimo District Lacrosse Association (NDLA) U16 A2 Timbermen team in the amount of $750 for fifteen (15) Nanaimo players to attend the 2022 BCLA Minor Box Lacrosse Provincial Championships held from 2022-JUL-07 through 2022-JUL-10 in Coquitlam, BC. 

2.

Consideration of Security Check Grant

That Council award a Security Check Grant for $500 to the Nanaimo District Senior Citizens Housing Development Society. 

3.

Metral Drive Complete Streets Phase 2

That Council direct Staff to increase the budget for Metral Drive Complete Street Project Phase 2 by $1,400,000 funded by $875,000 from the Community Works Reserve Fund, $35,000 from the Sewer Reserve and $490,000 from the Water Reserve.  

b.

Environment Committee Meeting 2022-JUL-27

[Note:  A link to the 2022-JUL-27 Environment Committee Meeting agenda is attached for information.]

1.

BC Step Code Low Carbon Energy System Implementation

That Council direct Staff to begin preparation for industry consultation on the implementation of the upper steps of the BC Energy Step Code and greenhouse gas emissions targets for new buildings.

11.

DELEGATIONS:

a.

Nanaimo Youth Services Association's (NYSA) Roughing It Event

Amy Worth, Nanaimo Youth Services Association, to speak regarding the NYSA Roughing it Event to increase awareness in the community about youth homelessness. 

12.

REPORTS:

a.

Consideration of New Permissive Tax Exemptions

To be introduced by Jamie Slater, Manager, Revenue Services.

Purpose:  To review Permissive Tax Exemption applications received from:

• Habitat for Humanity Mid-Vancouver Island Society
• Nexus Patient and Community Care Society
• Canadian Mental Health Association Mid Island Branch
• Nanaimo Christian School (1988) Society
  

Recommendation:  

That Council:

1. Award a Permissive Tax Exemption effective for the 2023 taxation year to Habitat for Humanity Mid-Vancouver Island Society for the property that it owns at 474 Pine Street
2. Award a Permissive Tax Exemption effective for the 2023 taxation year to Nexus Patient and Community Care Society for the portion of the property that it leases at #3-1273 Island Highway South
3. Award a Permissive Tax Exemption for the 2023 taxation year to the Canadian Mental Health Association Mid Island Branch for the portion of the property at 250 Albert Street that is not leased to a third party (5.3% for 2023), to be reviewed annually until the long-term use of the building has been determined
4. Deny a Permissive Tax Exemption for the 2032 taxation year to the Nanaimo Christian School (1988) Society for the property that it owns at 2308 Jingle Pot Road 

b.

Boxwood Road Multi-Purpose Facility

To be introduced by Bill Sims, General Manager, Engineering and Public Works. 

Purpose:  To provide Council with an update on the implementation of the Boxwood Multi-purpose Active Mobility Facility on Boxwood Road between Dufferin Crescent and Tulsa Road.  

c.

Fees and Charges Housekeeping Amendment Bylaws

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

Purpose:  To present Council with 1) a bylaw to transfer the Development Services fees from the “Development Services Department Fees and Charges Bylaw” and place them in the “Fees and Charges Bylaw 7336”; and 2) other housekeeping amendment bylaws to delete references to the “Development Services Department Fees and Charges Bylaw” and replace them with reference to the “Fees and Charges Bylaw”.    

Recommendation:  

Fees and Charges Amendment Bylaw

• That “Fees and Charges Bylaw 2022 No. 7336.03” (a bylaw to include Development Services fees within the Fees and Charges Bylaw) pass first reading.
• That “Fees and Charges Bylaw 2022 No. 7336.03” pass second reading.
• That “Fees and Charges Bylaw 2022 No. 7336.03” pass third reading.

Development Approval Procedures and Notification Bylaw Amendment

• That “Development Approval Procedures and Notification Bylaw Amendment Bylaw 2022 No. 7356” (a bylaw to update the reference to the Fees and Charges Bylaw) pass first reading.
• That “Development Approval Procedures and Notification Bylaw Amendment Bylaw 2022 No. 7356” pass second reading.
• That “Development Approval Procedures and Notification Bylaw Amendment Bylaw 2022 No. 7356” pass third reading.

Building Bylaw Amendment Bylaw 

• That “Building Bylaw Amendment Bylaw 2022 No. 7224.04” (a bylaw to update the reference to the Fees and Charges Bylaw) pass first reading.
• That “Building Bylaw Amendment Bylaw 2022 No. 7224.04” pass second reading.
• That “Building Bylaw Amendment Bylaw 2022 No. 7224.04” pass third reading.

Subdivision Control Amendment Bylaw

• That “Subdivision Control Amendment Bylaw 2022 No.3260.07” (a bylaw to remove Schedules G and H) pass first reading.
• That “Subdivision Control Amendment Bylaw 2022 No. 3260.07” pass second reading.
• That “Subdivision Control Amendment Bylaw 2022 No. 3260.07” pass third reading.

d.

Development Variance Permit Application No. DVP435 - 740 Haliburton Street

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To present for Council’s consideration, a development variance permit application to reduce the minimum side yard setback requirement from 1.5m to 0.5m to allow the siting of an existing non-conforming single residential dwelling at 740 Haliburton Street. 

It is requested that Council hear anyone wishing to speak with respect to DVP435 - 740 Haliburton Street.

Recommendation:  That Council issue Development Variance Permit No. DVP435 at 740 Haliburton Street to reduce the minimum required side yard setback on the south property line from 1.5m to 0.5m.

e.

Rezoning Application No. RA479 - 2086 and 2090 East Wellington Road

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To present Council with an application to rezone 2086 and 2090 East Wellington Road from Rural Resource (AR1) to High Tech Industrial (I3) with an additional site-specific use to allow a proposed data centre.

Recommendation:  That:

1. “Zoning Amendment Bylaw 2022 No. 4500.200” (to rezone 2086 and 2090 East Wellington Road from Rural Resource [AR1] to High Tech Industrial [I3] with an additional site-specific use to allow a proposed data centre) pass first reading;
2. “Zoning Amendment Bylaw 2022 No. 4500.200” pass second reading; and,
3. Council direct Staff to secure the conditions related to “Zoning Amendment Bylaw 2022 No. 4500.200” as outlined in the “Conditions of Rezoning” section of the Staff report dated 2022-AUG-29, should Council support the bylaws at third reading.

f.

Rezoning Application No. RA475 -  444, 450, 500 Comox Road, 55 Mill Street, and 1 Terminal Avenue

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To present Council with an application to rezone 444, 450, and 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.

Recommendation:  That:

1. “Land Use Contract Discharge Bylaw 2022 No. 7355” (to discharge an existing Land Use Contract from the property title of 500 Comox Road) pass first reading;
2. “Land Use Contract Discharge Bylaw 2022 No. 7355” pass second reading;
3. “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) pass first reading;
4. “Zoning Amendment Bylaw 2022 No. 4500.204” pass second reading; and,
5. Council direct Staff to secure the conditions related to “Zoning Amendment Bylaw 2022 No. 4500.204” as outlined in the “Conditions of Rezoning” section of the Staff report dated 2022-AUG-29, should Council support the bylaws at third reading.

1.

Add delegation from Deane Strongitharm, Brad Martin and Franc D'Ambrosio

g.

Rezoning Application No. RA476 and RA480 - 560, 604 Fourth Street and 361 Howard Avenue

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To present Council with applications to rezone 560, 604 Fourth Street and 361 Howard Avenue from Single Dwelling Residential (R1) and Community Service One (CS1) to Comprehensive Development District Zone Eleven (CD11) to facilitate a multi-family residential development.

Recommendation:  That:

1. “Zoning Amendment Bylaw 2022 No. 4500.202” (to rezone 560, 604 Fourth Street and 361 Howard Avenue from Single Dwelling Residential [R1] and Community Service One [CS1] to Comprehensive Development District Zone Eleven [CD11] to facilitate a multi-family residential development) pass first reading;
2. “Zoning Amendment Bylaw 2022 No. 4500.202” pass second reading; and,
3. Council direct Staff to secure the conditions related to “Zoning Amendment Bylaw 2022 No. 4500.202” as outlined in the “Conditions of Rezoning” section of the Staff report dated 2022-AUG-29, should Council support the bylaws at third reading.

h.

Rezoning Application No. RA455 - 5378 Rutherford Road

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To present Council with an application to rezone the subject property at 5378 Rutherford Road from Single Dwelling Residential (R1) to Low Density Residential (R6) to allow a multi-family residential development.

Recommendation:  That:

1. “Zoning Amendment Bylaw 2022 No. 4500.203” (To rezone 5378 Rutherford Road from Single Dwelling Residential [R1] to Low Density Residential [R6]) pass first reading;
2. “Zoning Amendment Bylaw 2022 No. 4500.203” pass second reading; and,
3. That Council direct Staff to secure the conditions related to “Zoning Amendment Bylaw 2022 No. 4500.203” as outlined in the “Conditions of Rezoning” section of the staff report dated 2022-AUG-29 should Council support the bylaw at third reading.

i.

Liquor Licence Application No. LA149 - 11 Cliff Street

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To provide Council with an application to amend the existing liquor licence at 11 Cliff Street (Cliffside Brewing Company) to permit a permanent extension for the existing temporary outdoor patio area.

Recommendation:  That Council recommend the Liquor and Cannabis Regulation Branch approve the liquor licence amendment for 11 Cliff Street (Cliffside Brewing Company) to permit a permanent 17.7m2 extension to the existing outdoor patio area.

j.

Development Permit Application No. DP1248 - 6985 Island Highway North

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To present for Council’s consideration a development permit application for a multi-family rental development at 6985 Island Highway North.

Recommendation:  That Council issue Development Permit No. DP1248 for a multi-family residential development at 6985 Island Highway North with variances to:

1. reduce the minimum required front yard setback from the Nanaimo Parkway from 20.0m to 7.5m; and,
2. increase the maximum permitted building height from 14.0m to 17.7m.

k.

Development Permit Application No. DP1251 - 2355 Kenworth Road

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To present for Council’s consideration a development permit application for an automobile sales, service and rental development at 2355 Kenworth Road (Hyundai).

Recommendation:  That Council issue Development Permit No. DP1251 (2355 Kenworth Road) with the following variances:

• increase the maximum front yard setback from 6.0m to 21.79m and allow 100% of the building face to be set back more than 6.0m from the front yard lot line;
• permit parking in front of the building, and within the maximum front yard setback;
• to waive the minimum required building height of two storeys above grade;
• reduce the minimum landscape buffer along the west side yard lot line from 1.8m to 0.9m; and,
• reduce the Minimum Landscape Treatment Level 2 along the west side yard lot line to the proposed landscape treatment.

l.

Development Permit Application No. DP1264 - 2358 Kenworth Road

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To present for Council’s consideration a development permit application for an automobile sales, service, and rental development at 2358 Kenworth Road (Galaxy Motors).

Recommendation:  That Council issue Development Permit No. DP1264 (2358 Kenworth Road) with the following variances:

• increase the maximum front yard setback from 6.0m to 17.1m and to allow 100% of the building face to be set back more than 6.0m from the front yard lot line;
• permit parking in front of the building, and within the maximum front yard setback; and,
• to waive the minimum required building height of two storeys above grade.

m.

340 Campbell Street - Acceptance of Project Under "Revitalization Tax Exemption Bylaw 2018 No. 7261"

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To obtain Council approval for a multi-family development at 340 Campbell Street to be included in the Downtown Revitalization Tax Exemption program.

Recommendation:  That Council approve the Revitalization Tax Exemption Agreement for a proposed 163-unit multi-family development at 340 Campbell Street. 

n.

100 Gordon Street - Amendment of Project under the Revitalization Tax Exemption Bylaw

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To obtain Council approval to amend the Tax Exemption Agreement for the Courtyard Marriott Hotel development at 100 Gordon Street.

Recommendation:  That Council approve the amended Revitalization Tax Exemption Agreement for the 172 room hotel development at 100 Gordon Street.

o.

Appointment of Bylaw Enforcement Officers

To be introduced by Jeremy Holm, Director, Development Approvals.

Purpose:  To obtain Council approval to appoint new Bylaw Enforcement Officers.

Recommendation:  That Council appoint the following individuals as Bylaw Enforcement Officers to enforce the provisions of the City of Nanaimo’s Regulatory Bylaws:

• Cheryl Smith;
• Adam Collishaw; 
• Ronald Litzenberger;
• Mike Leiding; 
• Kris Joseffson; 
• Gino Pagliericci; 
• Shannon Moore; 
• Troy Sterling; 
• Andrew James; 
• Mark Aussenegg;
• Tabitha McPhail; and, 
• Leah Howroyd. 

13.

BYLAWS:

a.

“Zoning Amendment Bylaw 2022 No. 4500.201”  

That “Zoning Amendment Bylaw 2022 No. 4500.201” (To rezone 2980 Island Highway North to allow “Cannabis Retail Store” as a site-specific use in the City Commercial Centre [CC3] zone) be adopted. 

b.

"Highway Closure and Dedication Removal Bylaw 2022 No. 7341"

That "Highway Closure and Dedication Removal  Bylaw 2022 No. 7341" (to provide for highway closure and dedication removal of a portion of Lake Road adjacent to 4295 Victoria Avenue) be adopted. 

14.

NOTICE OF MOTION:

a.

Councillor Armstrong Notice of Motion re:  Boxwood Road Walkway

Councillor Armstrong advised that she would be bringing forward the following notice of motion for consideration at a future Council Meeting:

1. That Council direct Staff to:

1. work in consultation with effected businesses on Boxwood Road to remove barricades erected for the two-way bike lanes/walkway that are impeding the ability for trucks' safe access;
2. proceed with Council’s direction to create a buffered walkway as previously adopted; and, 
3. consult with the cyclist community, truck drivers, WorkSafe, ICBC, RCMP Traffic Services and the City’s liability insurer MIABC to ensure the viability of a buffered walkway.

2. That Council direct Staff to report back to Council with options and costs for an alternative paved walkway over the Midtown Watermain project next to Boxwood Road instead of the buffered walkway.

15.

OTHER BUSINESS:

16.

QUESTION PERIOD:

17.

ADJOURNMENT: