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AGENDA AGENDA FOR THE SPECIAL MEETING OF THE COUNCIL OF THE CITY OF NANAIMO, TO BE HELD IN THE SHAW AUDITORIUM, 80 COMMERCIAL STREET, NANAIMO, BC ON THURSDAY, 2013-DEC-05, COMMENCING AT 7:00P.M.

CHAIR: MAYOR RUTIAN ACTING MAYOR: COUNCILLOR BESTWICK (2013-DEC-02 TO 2014-JAN-19)

1.

CALL TO ORDER THE SPECIAL MEETING OF COUNCIL:

2.

ADOPTION OF AGENDA: (Bestwick/Kipp}

3.

CALL TO ORDER THE PUBLIC HEARING:

4.

PUBLIC HEARING AGENDA: Mr. Bruce Anderson, Manager, Planning & Design Section to explain the required procedures in conducting a Public Hearing and the regulations contained within Part 26 of the Local Government Act. (a)

Bylaw No. 4500.047- RA321 - 5709 Oceanview Terrace and part of

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5620 Hammond Bay Road - to be introduced by Mr. Dave Stewart, Planner, Planning & Design Section. This bylaw, if adopted, will amend "ZONING BYLAW 2011 NO. 4500" by rezoning the subject areas from Single Dwelling Residential (R1) to Row House Residential (R7) in order to permit two row houses at 5709 Oceanview Terrace and two row houses on part of 5620 Hammond Bay Road. (b)

Bylaw No. 4500.051- RA322 - 2155, 2157 and 2161 Boxwood Road - to be introduced by Mr. Dave Stewart, Planner, Planning & Design Section.

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This bylaw, if adopted, will amend "ZONING BYLAW 2011 NO. 4500" by rezoning the subject properties from Single Dwelling Residential (R1) to Highway Industrial (11) and add fuelling installation as a permitted use within the 11 zone. (c)

Bylaw No. 4500.054 - RA325 - 1100 Maughan Road - to be introduced by Mr. Dave Stewart, Planner, Planning & Design Section. This bylaw, if adopted, will amend "ZONING BYLAW 2011 NO. 4500" by rezoning the subject property from Light Industrial (12) to Industrial (14) in order to allow for a medical marihuana growing and production facility. 1

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AGENDA - SPECIAL COUNCIL MEETING 2013-DEC-05 PAGE2

(d)

Bylaw No. 4500.053- ZA1-51 -Zoning Bylaw Amendments- to be introduced by Mr. Dave Stewart, Planner, Planning & Design Section .

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This bylaw, if adopted, will amend "ZONING BYLAW 2011 NO. 4500" in order to make 11 text and 10 separate mapping amendments.

5.

ADJOURNMENT OF THE PUBLIC HEARING:

6.

BYLAWS: (a)

-That ZONING AMENDMENT BYLAW 2013 NO. 4500.047" (RA321 -to amend "ZONING BYLAW 2011 NO. 4500" by rezoning the subject areas from Single Dwelling Residential (R1) to Row House Residential (R7) in order to permit two row houses at 5709 Oceanview Terrace and two row houses on part of 5620 Hammond Bay Road) pass third reading.

(b)

That ZONING AMENDMENT BYLAW 2013 NO. 4500.051" (RA322- to amend "ZONING BYLAW 2011 NO. 4500" by rezoning the subject properties from Single Dwelling Residential (R1) to Highway Industrial (11) and add fuelling installation as a permitted use within the 11 zone) pass third reading.

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That ZONING AMENDMENT BYLAW 2013 NO. 4500.054" (RA325- to amend "ZONING BYLAW 2011 NO. 4500" by rezoning the subject property from Light Industrial (12) to Industrial (14) in order to allow for a medical marihuana growing and production facility) pass third reading. Pg. 16-28

(d)

7.

That ZONING AMENDMENT BYLAW 2013 NO. 4500.053" (ZA1-51 to amend "ZONING BYLAW 2011 NO. 4500" in order to make 11 text and 10 separate mapping amendments) pass third reading.

ADJOURNMENT OF THE SPECIAL COUNCIL MEETING:

G:Devplan/Files/Admin/057512012013/Special Council Meetings!Agendas/2013Dec05 Special Cncl Mtg Agenda.docx

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NOTICE OF PUBLIC HEARING December

5 th

CITY OF NANAIMO

2013 at 7:00 pm

All persons who believe their interest in property is affected by the proposed bylaw will be given the opportunity to be heard in person, by a representative, or by written submission, on the matters contained within Bylaw No. 4500.047 at the Public Hearing.

BYLAW NO. 4500.047 Purpose: Location(s):

To permit the use of land for row house development. 5709 Oceanview Terrace and part of 5620 Hammond Bay Road, shown on Map A.

File No.:

Rezoning Application - RA000321

This bylaw, if adopted, will rezone the subject areas from Single Dwelling Residential (R1) to Row House Residential (R7) in order to permit two row houses at 5709 Oceanview Terrace and two row houses on part of 5620 Hammond Bay Road. PLEASE NOTE: The application previously went to 1 public hearing on September 5 h, 2013 and was not approved at 3rd Reading on the same date. Council has subsequently directed Staff to prepare a report clarifying access issues related to this Zoning Amendment and return the application to public hearing. The subject properties are legally described as Lot 7, District Lot 40, Wellington District, Plan VIP87805 and part of Lot A, District Lot 40, Wellington District, Plan 26105 and are shown on Map A.

WANT TO FIND OUT MORE INFORMATION? IN PERSON: A copy of the above-noted bylaw and related documents may be inspected from November 22nd 2013 to December 51h 2013, from 8:00am to 4:30pm, Monday through Friday (excluding statutory holidays), at the City of Nanaimo, Community Safety & Development Division, Service and Resource Centre, located at 411 Dunsmuir Street. WEBSITE: Application information can be accessed on the City's webpage: What's Building In My Neighbourhood? www. nanaimo. ca/whatsbuilding QR CODE: Use this OR code on your mobile device to go directly to the online information.

Subject Area: 5709 Oceanview Terrace and part of5620 Hammond Bay Road

WANT TO MAKE A WRITTEN SUBMISSION? If you are unable to attend the Public Hearing, written submissions must be received no later than 4:00pm, 1 December 5 h 2013, to ensure their availability to Council at the Public Hearing. Written submissions can be provided by any of the following methods: IN PERSON: Drop off at the Service and Resource Centre, located at 411 Dunsmuir Street. EMAIL: Email should be sent to [email protected] WEBSITE: Submit comments directly through the City's website at www.nanaimo.ca/publichearing MAIL: City of Nanaimo, Community Safety & Development Division, 455 Wallace Street, Nanaimo, BC, V9R 5J6. 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 necessary to ensure a fair Public Hearing process and provide a reasonable opportunity for people to respond .

City of Nanaimo www.nanaimo.ca Community Safety & Development Division Location: Service and Resource Centre, 411 Dunsmuir Street Phone: (250) 755-4429 Fax: (250) 755-4439 This Notice is published in accordance with Section 892 of th~ Local Government Act. Notice given by the Corporate Officer.

CITY OF NANAIMO

NOTICE OF PUBLIC HEARING December

5 th

2013 at 7:00pm

All persons who believe their interest in property is affected by the proposed bylaw will be given the opportunity to be heard in person, by a representative, or by written submission, on the matters contained within Bylaw No. 4500.051 at the Public Hearing.

BYLAW NO. 4500.051 Purpos e:

To permit the use of land for a fuelling installation (commercial card lock)

Location(s):

2155, 2157 and 2161 Road, shown on Map A.

File No.:

Rezoning Application - RA000322.

Boxwood

This bylaw, if adopted, will rezone the subject properties from Single Dwelling Residential (R1) to Highway Industrial (11) and add fuelling installation as a permitted use within the 11 zone. The subject properties are legally described as LOTS 1 AND 2, SECTION 17, RANGE 7, MOUNTAIN DISTRICT, PLAN 46698; AND LOT 1, BLOCK 12, SECTION 17, RANGE 7, MOUNTAIN DISTRICT, PLAN 526, EXCEPT PART IN PLANS 46698, VIP58484 , VIP66379 AND EPP10729 as shown on Map A.

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WANT TO FIND OUT MORE INFORMATION? IN PERSON: A copy of the above-noted bylaw and related documents may be inspected from November 22nd 2013 to December 51h 2013, from 8:00am to 4:30pm, Monday through Friday (excluding statutory holidays), at the City of Nanaimo, Community Safety & Development Division, Service and Resource Centre, located at 411 Dunsmuir Street. WEBSITE: Application information can be accessed on the City's webpage: What's Building In My Neighbourhood? www. nanaimo. calwhatsbuilding

QR CODE: Use this QR code on your mobile device to go directly to the online information.

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...................................................................................... If you would like more information about Public Hearings please go to the City website at www.nanaimo.ca and use the search function to find the 'Public Hearing Information Sheet', which contains many frequently asked questions.

WANT TO MAKE A WRITTEN SUBMISSION? If you are unable to attend the Public Hearing, written submissions must be received no later than 4:00pm, December 51h 2013, to ensure their availability to Council at the Public Hearing . Written submissions can be provided by any of the following methods:

IN PERSON: Drop off at the Service and Resource Centre, located at 411 Dunsmuir Street. EMAIL: Email should be sent to [email protected] WEBSITE: Submit comments directly through the City's website at www.nanaimo.ca/publichearing MAIL: City of Nanaimo, Community Safety & Development Division, 455 Wallace Street, Nanaimo, BC, V9R 5J6. 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 necessary to ensure a fair Public Hearing process and provide a reasonable opportunity for people to respond .

City of Nanaimo www.nanaimo.ca Community Safety & Development Division Location: Service and Resource Centre, 411 Dunsmuir Street Phone: (250) 755-4429 Fax: (250) 755-4439

'··················································································· This Notice is published in accordance with Section 892 of

th~

Local Government Act. Notice given by the Corporate Officer.

NOTICE OF PUBLIC HEARING

CITY OF NANAIMO

December 5 th 2013 at 7:00 pm

All persons who believe their interest in property is affected by the proposed bylaw will be given the opportunity to be heard in person, by a representative, or by written submission, on the matters contained within Bylaw No. 4500.054 at the Public Hearing.

BYLAW NO. 4500.054 Purpose:

To permit the use of land for medical marihuana growing and production.

Location(s):

1100 Maughan Road, shown on MapA.

FileNo.:

Rezoning Application - RA000325.

This bylaw, if adopted, will rezone the subject property from Light Industrial (12) to Industrial (14) in order to allow for a medical marihuana growing and production facility.

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The subject property is legally described as LOT A, SECTION 2, RANGE 8, NANAIMO DISTRICT, PLAN VIP77217, and is shown on MapA.

WANT TO FIND OUT MORE INFORMAT/ON? IN PERSON: A copy of the above-noted bylaw and related documents may be ins~ected from November 22nd 2013 to December 5 h 2013, from 8:00am to 4:30pm, Monday through Friday (excluding statutory holidays), at the City of Nanaimo, Community Safety & Development Division, Service and Resource Centre, located at 411 Dunsmuir Street.

WANT TO MAKE A WRITTEN SUBMISSION? If you are unable to attend the Public Hearing, written submissions must be received no later than 4:00pm, December 51h 2013, to ensure their availability to Council at the Public Hearing. Written submissions can be provided by any of the following methods:

WEBSITE: Application information can be accessed on the City's webpage:

IN PERSON: Drop off at the Service and Resource Centre, located at 411 Dunsmuir Street.

What's Building In My Neighbourhood? www. nanaimo.ca!whatsbuilding

EMAIL: Email should be sent to [email protected]

QR CODE: Use this QR code on your mobile device to go directly to the online information. If you would like more information about Public Hearings please go to the City website at www.nanaimo.ca and use the search function to find the 'Public Hearing Information Sheet', which contains many frequently asked questions. Please be advised that additional bylaws are scheduled for the Public Hearing. The complete list of public hearing items is available on the City's website and published in local newspapers.

WEBSITE: Submit comments directly through the City's website at www.nanaimo.calpublichearing MAIL: City of Nanaimo, Community Safety & Development Division, 455 Wallace Street, Nanaimo, BC, V9R 5J6. 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 necessary to ensure a fair Public Hearing process and provide a reasonable opportunity for people to respond .

City of Nanaimo www.nanaimo.ca Community Safety & Development Division Location: Service and Resource Centre, 411 Dunsmuir Street Phone: (250) 755-4429 Fax: (250) 755-4439 5

This Notice is published in accordance with Section 892 of the Local Government Act. Notice given by the Corporate Officer.

NOTICE OF PUBLIC HEARING December

5 th

2013 at 7:00 pm

CITY OF NANAIMO /~Q • :P:...,.. ?-5 / TH~

HARB OU R ~ I T~ ~

1

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There will be a Public Hearing on Thursday, December 5 h 2013, starting at 7:00 pm in the Shaw Auditorium, Vancouver Island Conference Centre, 80 Commercial Street, Nanaimo, BC, to consider proposed amendments to the City of Nanaimo "ZONING BYLAW 2011 NO. 4500." All persons who believe their interest in property is affected by the proposed bylaw will be given the opportunity to be heard in person, by a representative, or by written submission, on the matters contained within Bylaw No. 4500.053 at the Public Hearing.

BYLAW NO. 4500.053 Purpose:

To make 11 text and 10 separate mapping amendments to Zoning Bylaw 4500.

Location(s):

Various.

File No.:

Zoning Bylaw Amendment- ZA1-51

This bylaw, if adopted, will amend "ZONING BYLAW 2011 NO. 4500" by: 1.

Removing the definition of "Residential Hotel" from the bylaw

2.

Amending the definition of "Recreational Facility" by removing the phrase "specifically excludes arcades" and amending Part 10 (Commercial Centre) to allow arcades as an accessory use in commercial zones.

3. Amending the definition of "Lot Line, Rear" to include the phrase "or lot lines" 4.

Adding a park model trailer as a permitted use within the Mobile Home Park Residential (R12) zone.

5.

Amending the condition of use regarding retail uses within the Corridor zones to increase the allowable Gross 2 2 Floor Area from 500m 2 to 750m 2 for an individual retail use and from 2000m to 2500m for a grocery store use.

6.

Amending the condition of use regarding an Office within the Residential Corridor zone by clarifying that where an office use is the only use within the building the use is not limited to the ground floor

7.

Addin@ "Financial Institution" as a permitted use within the Neighbourhood Centre zone but limiting the size to 600m.

8.

Adding "Lumber Yard" as a permitted use within the Light Industrial (12) zone.

9.

Adding "Restaurant" as an accessory use within Highway Industrial (11) and Light Industrial (12) zones

10. Adding "Office" as a site specific use for the existing office buildings on 2100 and 2080 Labieux Road within the High Tech Industrial (13) zone. 11. Amending Schedule B (Fine Schedule) to add a fine for home based business uses which are not permitted within the Zoning Bylaw. 12. Rezoning 4743 and 4761 Vista View Crescent from Single Dwelling Residential (R1) to Parks, Recreation and Culture One (PRC-1), as shown on Map A 13. Rezoning 6080 Island Highway North from Single Dwelling Residential (R1) to Parks, Recreation and Culture One (PRC-1 ), as shown on Map B. 14. Rezoning 350 Park Street from Community Service Two (CS2) to Single Dwelling Residential (R1), as shown on Map C. 15. Rezoning 2227 Bourbon Road from Single Dwelling Residential (R1) to Parks, Recreation and Culture Two (PRC-2), as shown on Map D. 16. Rezoning 2050 and 2040 Stonecrop Road from Steep Slope Residential (R1 0) to Parks, Recreation and Culture One (PRC-1), as shown on Map E. 17. Rezoning 3321 Departure Bay Road; 2990 James Street; and 2940, 2950, 2970, 2980 Robson Street from Single Dwelling Residential (R1) to Parks, Recreation and Culture One (PRC-1), as shown on Map F. 18. Rezoning 108 Cowling Place from Single Dwelling Residential (R1) to Parks, Recreation and Culture One (PRC-1), as shown on Map G. This Notice is published in accordance with Section 892 of thtj Local Government Act. Notice given by the Corporate Officer.

19. Rezoning 265 Howard Avenue from Single Dwelling Residential (R1) to Parks, Recreation and Culture One (PRC-1), as shown on Map H. 20. Rezoning 6201 Oliver Road from Mixed Use Corridor (COR2) to Residential Corridor (COR1), as shown on Map I. 21. Rezoning 160 Front Street from High Density (High Rise) Residential (R9) to Community Service Three (CS3), as shown on Map J.

This Notice is published in accordance with Section 892 of th9 Local Government Act. Notice given by the Corporate Officer.

Nanalmo Parkway

This Notice is published in accordance with Section 892 of thf3 Local Government Act. Notice given by the Corporate Officer.

WANT TO FIND OUT MORE INFORMATION?

WANT TO MAKE A WRITTEN SUBMISSION?

IN PERSON: A copy of the above-noted bylaw and related documents may be inspected from November 22nd 2013 to December 51h 2013, from 8:00am to 4:30pm , Monday through Friday (excluding statutory holidays), at the City of Nanaimo, Community Safety & Development Division (Service and Resource Centre), located at 411 Dunsmuir Street. 1

ONLINE: See page 69 of the October 28 h 2013 Council Agenda which includes information regarding the proposed general amendments: www.nanaimo.ca/meetings

If you are unable to attend the Public Hearing, written submissions must be received no later than 4:00pm, 1 December 5 h 2013, to ensure their availability to Council at the Public Hearing. Written submissions can be provided by any of the following methods: IN PERSON: Drop off at the Service and Resource Centre, located at 411 Dunsmuir Street. EMAIL: Email should be sent to [email protected] WEBSITE: Submit comments directly through the City's website at www.nanaimo.calpublichearing MAIL: Mail to the City of Nanaimo, Community Safety & Development Division, 455 Wallace Street, Nanaimo, BC, V9R 5J6.

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 necessary to ensure a fair Public Hearing process and provide a reasonable opportunity for people to respond .

City of Nanaimo Community Safety & Development Division Service and Resource Centre 411 Dunsmuir Street Phone: (250) 755-4429 Fax: (250) 755-4439

www.nanaimo.ca

This Notice is published in accordance with Section 892 of thf!) Local Government Act. Notice given by the Corporate Officer.

CITY OF NANAIMO BYLAW NO. 4500.047 A BYLAW TO AMEND THE CITY OF NANAIMO "ZONING BYLAW 2011 NO. 4500"

WHEREAS the Council may zone land, by bylaw, pursuant to Sections 890, 891, 903 and 904 of the Local Government Act; THEREFORE BE IT RESOLVED the Municipal Council of the City of Nanaimo, in open meeting assembled, ENACTS AS FOLLOWS: 1.

This Bylaw may be cited as the "ZONING AMENDMENT BYLAW 2013 NO. 4500.047".

2.

The City of Nanaimo "ZONING BYLAW 2011 NO. 4500" is hereby amended as follows: By rezoning the lands legally described as LOT 7 DISTRICT LOT 40 WELLINGTON DISTRICT PLAN VIP87805 (5709 Oceanview Terrace) and a portion of LOT A, DISTRICT LOT 40, WELLINGTON DISTRICT, PLAN 26105 from Single Dwelling Residential (R 1) to Row House Residential (R7) as shown on Schedule A

PASSED FIRST READING 2013-AUG-12 PASSED SECOND READING 2013-AUG-12 PUBLIC HEARING HELD 2013-SEP-05 DEFEATED AT THIRD READING 2013-SEP-05 SECOND PUBLIC HEARING HELD RECONSIDERED AT THIRD READING ADOPTED

MAYOR

CORPORATE OFFICER

File: Address:

RA000321 5620 Hammond Bay Road and 5709 Oceanview Terrace

10

Bylaw No.4500.047

Schedule A

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