AMENDED

AGENDA FOR THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF , TO BE HELD IN THE SHAW AUDITORIUM, 80 COMMERCIAL STREET, NANAIMO, BC ON MONDAY, 2010-MAR-22, COMMENCING AT 7:00 P.M.

1. CALL THE REGULAR MEETING OF COUNCIL TO ORDER:

2. INTRODUCTION OF LATE ITEMS:

• Add Item 8 (d) - Proclamations - "Parkinson's Awareness Month"

• Delete Item 11 (h) - Staff Reports - Unsightly Premises - 830 Beaufort Drive

• Add Item 17 (a) - Council Appointments - Ratification of External Appointments to the Economic Development Commission

• Add Item 17 (b) - Council Appointment - Council Appointments to the Economic Development Commission

3. ADOPTION OF AGENDA:

4. ADOPTION OF MINUTES:

(a) Minutes of the Regular Meeting of the Council of the City of Nanaimo Pg. 10-13 held in the Shaw Auditorium, 80 Commercial Street, Nanaimo, BC, on Monday, 2010-MAR-08 at 7:00 p.m.

5. PRESENTATIONS:

(a) Mayor Ruttan to present Mr. Matthew Landry with certificates and medals for his outstanding achievements, winning gold in the following events:

• 2010 Junior National Taekwondo Championships, "B" Division Black Belt Poomsae • 2010 U.S. Open Taekwondo Championships, Black Belt Co-Ed Pairs Poomsae

(b) Mayor Ruttan to present Award of Heroism certificates in recognition of their prompt application of life-saving assistance to Mr. Paul Walters, who suffered a heart attack while playing hockey on 2009-DEC-21 to:

• Mr. Dave Sheepwash, • Mr. Jeff Braun, and, • Mr. Pat O'Dwyer AGENDA - COUNCIL 2010-MAR-22 PAGE 2

(c) Mr. Mike Hooper, President, CEO, Nanaimo Airport Commission, to provide a presentation regarding Nanaimo Airport operations.

(d) Mr. Per Kristensen, Director of Information Technology, to provide a presentation regarding Nanaimo's entry into the "Google Earth Model Your Town" contest.

6. DELEGATIONS PERTAINING TO AGENDA ITEMS: (10 MINUTES)

(a) Delegations Pertaining to the 2010 - 2014 Financial Plan

7. MAYOR'S REPORT:

8. PROCLAMATIONS:

(a) That 2010-APR-18 to 2010-APR-24 is "NATIONAL VOLUNTEER Pg. 14-15 WEEK" in the City of Nanaimo.

(b) That 2010-APR-24 is "LANDSCAPE ARCHITECTS DAY" in the City of Pg. 16-17 Nanaimo.

(c) That 2010-APR-25 is "PARENTAL ALIENATION AWARENESS DAY" in Pg. 18 the City of Nanaimo.

(d) That the month of April is "PARKINSON'S AWARENESS MONTH" in Pg. 18.1- the City of Nanaimo. 18.2

9. COMMISSION REPORTS:

10. COMMITTEE REPORTS:

(a) Social Planning Advisory Committee - Annual Work Plan Pg. 19-20

Committee's Recommendation: That Council endorse the Social Planning Advisory Committee annual work plan for 2010.

(b) Joint Use Committee - Appointment of School District Pg.21-27 Representative to Plan Nanaimo Advisory Committee (PNAC)

Committee's Recommendations: That Council:

1. approve an appointment of a School District Representative as a member of the Plan Nanaimo Advisory Committee (PNAC);

AND: AGENDA - COUNCIL 2010-MAR-22 PAGE 3

2. direct Staff to amend the Terms of Reference of PNAC to include one representative from School District #68.

Staff's Recommendation: That the School District #68 Representative be an employee of the School District. An employee would provide technical expertise related to impact on School District facilities. Political discussions would occur at the Council level.

11. STAFF REPORTS: (blue)

DEVELOPMENT SERVICES'

(a) DP631 - 253 Victoria Road Pg.28-39

Staff's Recommendation: That Council:

1. issue Development Permit No. DP631 at 253 Victoria Road with the following variances:

• Required Front Yard (Victoria Road - Major Collectorl The required front yard is 10 metres (32.8 feet). The proposed setback is 0.22 metres (0.72 feet), a proposed variance of 9. 78 metres (32.09 feet).

• Required Rear Yard The required rear yard is 10.5 metres (34.5 feet). The proposed setback is 1.5 metres (5 feet), a proposed variance of 9 metres (29.5 feet).

• Required Side Yard (Lanel The required side yard is 3 metres (9.8 feet). The proposed setback is 1.03 metres (3.38 feet), a proposed variance of 1.97 metres (6.5 feet).

• Required Flankinq Street Side Yard (Farquhar Street) The required flanking street side yard is 4 metres (13.12 feet). The proposed setback is 0.56 metres (1.84 feet), a proposed variance of 3.44 metres (11.3 feet).

• Lot Coveraqe The maximum lot coverage is 35%. The proposed lot coverage is 44.1%, a proposed variance of 9.1%.

• Allowed Small Car Parkinq Spaces The maximum allowed small car parking space is 33% of the total required parking. The proposed small car count is 50% of the overall required parking spaces, a proposed variance of 17%. AND: AGENDA - COUNCIL 2010-MAR-22 PAGE 4

2. direct Staff to secure road dedication from both Victoria Road and the lane which borders the northern property boundary.

(b) Fa\(ade Grant Approval - Nash Hardware Building, Harris Pg.40-42 Residence and E&N Railway Station

Staff's Recommendation: That Council approve the following fac;ade. grants, subject to the conditions specified in the report:

1. E&N Railway Station (321 Selby Street) - $10,000. 2. Nash Hardware Building (19 Commercial Street) - $7,000. 3. Harris Residence (375 Franklyn Street) - $3,000.

(e) Housing Agreement with Salish Lelum Housing Society Pg.43-48

Staff's Recommendation: That Council receive the report pertaining to "HOUSING AGREEMENT BYLAW 2010 NO. 7101" regarding an 18-unit affordable housing project for Aboriginal youth and elders at 477 Tenth Street in Nanaimo, which is presented under the Bylaws section of tonight's agenda.

(d) Official Community Plan Amendment Application OCP56 - Pg.49-55 Greenhouse Gas Emissions Reduction Targets

PNAC's Recommendation: That Council consider approving OCP 56 to include greenhouse gas emissions reduction targets within "OFFICIAL COMMUNITY PLAN BYLAW 2008 NO. 6500".

Staff's Recommendation: That Council receive the report pertaining to "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2010 NO. 6500.010", which is presented under the Bylaws section of tonight's agenda.

(e) Official Community Plan General Amendment Pg.56-58

PNAC's Recommendation: That Council consider approving the proposed general amendments to "OFFICIAL COMMUNITY PLAN BYLAW 2008 NO. 6500".

Staff's Recommendation: That Council receive the report pertaining to "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2010 NO. 6500.011", which is presented under the Bylaws section of tonight's agenda.

(f) UBCM Seniors' Housing and Support Initiative Pg.59-63

Staff's Recommendation: That Council endorse the application from the City to the UBCM Seniors' Housing and Support Initiative (SHSI) for the development of a community garden targeting seniors in the city centre. AGENDA - COUNCIL 2010-MAR-22 PAGE 5

(g) Subdivision Approval - Cash-in-Lieu of Park Dedication - Pg.64-67 5660 Hammond Bay Road (SUB00802)

Staff's Recommendation: That Council approve the acceptance of a cash-in-lieu contribution instead of parkland dedication for the subdivision of lands described as Lot A, District Lot 40, Wellington District, Plan 29333, except part in Plan 32282 - 5650 Hammond Bay Road.

(h) Unsightly Premises 83Q Beaufort Drive Pg. 68

(i) Unsightly Premises - 130 Cliff Street Pg. 69

It is requested that Council hear anyone wishing to speak with respect to unsightly premises at 130 Cliff Street.

Staff's Recommendation: That Council, pursuant to "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704" and amendments thereto, direct the owner(s) of 130 Cliff Street to remove graffiti from the premises within fourteen (14) days, or the work will be undertaken by the City's agents at the owner(s) cost.

(j) Unsightly Premises - 536 Franklyn Street Pg. 70

It is requested that Council hear anyone wishing to speak with respect to unsightly premises at 536 Franklyn.

Staff's Recommendation: That Council, pursuant to "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704" and amendments thereto, direct the owner(s) of 536 Franklyn Street to remove graffiti from the premises within fourteen (14) days, or the work will be undertaken by the City's agents at the owner(s) cost.

(k) Unsightly Premises 34 Nicol Street Pg.71

It is requested that Council hear anyone wishing to speak with respect to unsightly premises at 34 Nicol Street.

Staffs Recommendation: That Council, pursuant to "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704" and amendments thereto, direct the owner(s) of 34 Nicol Street to remove graffiti from the premises within fourteen (14) days, or the work will be undertaken by the City's agents at the owner(s) cost. AGENDA - COUNCIL 2010-MAR-22 PAGE 6

(I) Unsightly Premises - 211 Terminal Avenue Pg.72

It is requested that Council hear anyone wishing to speak with respect to unsightly premises at 211 Terminal Avenue.

Staff's Recommendation: That Council, pursuant to "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704" and amendments thereto, direct the owner(s) of 211 Terminal Avenue to remove graffiti from the premises within fourteen (14) days, or the work will be undertaken by the City's agents at the owner(s) cost.

(m) Structure Removal Order -Illegal Suite - 265 Kennedy Street Pg. 73

It is requested that Council hear anyone wishing to speak with respect to the illegal suite at 265 Kennedy Street.

Staff's Recommendations: That Council, pursuant to Sections 72 and 73 of the Community Charter, order the owner(s) of 265 Kennedy Street to remove the secondary suite or bring the property up to standard within thirty (30) days.

(n) Structure Removal Order -Illegal Structures -1041 Maughan Road Pg.74

It is requested that Council hear anyone wishing to speak with respect to the illegal structures at 1041 Maughan Road.

Staff's Recommendations: That Council, pursuant to Sections 72 and 73 of the Community Charter, order the owner(s) of 1041 Maughan Road to remove the green and white fabric covered structure, illegal mobile units, and other buildings in contravention of the Building Bylaw or bring the property up to standard within thirty (30) days.

(0) Unresolved Building Deficiencies - Notice on Title (Section 57) Pg. 75-81

It is requested that Council hear anyone wishing to speak with respect to unresolved building deficiencies/illegal suites for the properties listed below.

Staff's Recommendation: That Council, by resolution, instruct the Director of Legislative Services to file a Bylaw Contravention Notice respecting the properties listed below at the Land Title and Survey Authority of under Section 57 of the Community Charter:

(1) 110 Acacia Avenue - Illegal Construction / Enclosed Carport and Finished Basement to Include a Secondary Suite (2) 2374 Mill Road - Illegal Construction / Enclosed Carport and Finished Basement to Include a Secondary Suite, Alterations to Include an Additional Secondary Suite and Construct a Carport AGENDA - COUNCIL 2010-MAR-22 PAGEl

(3) 6012 Bowron Place - Illegal Construction I Roof and Addition to Deck, Stairs and Storage Area Below (4) 16 Victoria Crescent (Alias Unit within 14 Victoria Crescent) - Illegal Construction I Incomplete Building Permit (5) 452 Milton Street - Illegal Construction - Additional Unit, Exterior Stairs and Deck Guard (6) 778 Southland Way - Illegal Construction I. Occupy Single Family Dwelling without Approval (7) 184 Piper Crescent - Illegal Construction I Covered Front Entry, Additions to Rear and Left of Dwelling, Side Deck and Enclosure Below Existing Rear Deck

CORPORATE SERVICES·

(p) Regional District of Nanaimo Parks and Trails Service Area Pg.82-84 Amendment Bylaw No. 1231.02, 2010

Staff's Recommendation: That Council waive the consent requirements under Section 801.4 of the Local Government Act by consenting to the adoption of "REGIONAL DISTRICT OF NANAIMO PARKS AND TRAILS SERVICE AREA AMENDMENT BYLAW NO. 1231.02,2010" and that the Regional District of Nanaimo be notified accordingly.

(q) Participation in Citizen Satisfaction Survey Pg.85-89

Staff's Recommendation: That Council:

1. direct Staff to proceed with the 2010 core subscription of $5,900 to conduct a citizen satisfaction survey;

AND:

2. provide Staff with direction regarding the additional modules;

AND:

3. provide Staff with direction regarding the addition of a custom question or questions to be added to the survey.

COMMUNITY SERVICES·

( r) Invitation to Tender No. 1008 Cemetery Maintenance Pg. 90

Staff's Recommendation: That Council award the contract for Cemetery Landscape Maintenance to the low tenderer, Strain Landscaping, for the low bid of $281,631.

12. INFORMATION ONLY ITEMS: AGENDA - COUNCIL 2010-MAR-22 PAGE 8

13. RECONSIDERATION OF BYLAWS: To Be Moved By Councillor Holdorn

(a) That "SOUTH WEST BULK WATER RATE BYLAW 2010 NO. 7099" (to Pg. 91 establish the rate for bulk water supply to south west as $1.50 per thousand gallons) be adopted.

14. INTRODUCTION OF BYLAWS:

(a) (1 ) That "HOUSING AGREEMENT BYLAW 2010 NO. 7101" (to Pg.92-97 authorize a Housing Agreement between the City of Nanaimo and the Salish Lelum Housing Society regarding an 18-unit affordable housing project for Aboriginal youth and elders at 477 Tenth Street) pass first reading.

(2) That "HOUSING AGREEMENT BYLAW 2010 NO. 7101" pass second reading.

(3) That "HOUSING AGREEMENT BYLAW 2010 NO. 7101" pass third reading.

15. INTRODUCTION OF DEVELOPMENT BYLAWS:

(a) (1 ) That "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT Pg. 98-101 BYLAW 2010 NO. 6500.010" (to include green house gas emissions reduction targets within the Official Community Plan) pass first reading.

(2) That "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2010 NO. 6500.010" pass second reading.

(b) (1 ) That "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT Pg.102-104 BYLAW 2010 NO. 6500.011" (General text and map amendments to maintain the effectiveness and accuracy of the bylaw.) pass first reading.

(2) That "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2010 NO. 6500.011" pass second reading.

BYLAW STATUS SHEET Pg. 105-108

16. CORRESPONDENCE:

(a) Letter dated 2010-FEB-25 from Bev Van Ruyven, Acting President and Pg.109 CEO, BC Hydro, encouraging the City's participation in the World Wildlife Fund's annual Earth Hour Event scheduled for 201 O-MAR-27. AGENDA - COUNCIL 2010-MAR-22 PAGE 9

17. COUNCIL APPOINTMENTS:

(a) Ratification of External Appointments to the Economic Development Commission

Recommendation: That Council ratify the following representatives to the Economic Development Commission:

• Chamber of Commerce - A.J. Hustins • Island University - Or. Ralph Nilson • Snuneymuxw First Nation - Chief Douglas White • Nanaimo Airport Commission - G.E. (Jerry) Pink • Tourism Nanaimo - Jolynn Green • Ministry of Small Business, Technology and Economic Development - Glen Scobie • Nanaimo Port Authority - Robert Bennie

(b) Council Appointments to the Economic Development Commission

Recommendations: That Council:

1. direct Staff to amend "ECONOMIC DEVELOPMENT COMMISSION BYLAW 2010 NO. 7098" to make the Provincial representative a non-voting member and to add one more at-large position to make a total of four at-large positions;

AND:

2. ratify the appointments of the following four at-large members to the Economic Development Commission:

• Ms. Moira Jenkins; • Mr. Douglas Slowski; • Mr. Rob Grey; and, • Mr. Terrence (Terry) Knight.

18. NOTICE OF MOTION:

19. OTHER BUSINESS:

20. DELEGATIONS PERTAINING TO ITEMS NOT ON THE AGENDA: (10 MINUTES)

(a) Ms. Ruth Sharun, Nanaimo Marine Rescue Society, to provide Pg. 110 information regarding their organization and fund raising effort to purchase an enclosed vessel to better serve the community's marine emergency response needs. AGENDA - COUNCIL 2010-MAR-22 PAGE 10

(b) Mr. Will Frankling, 221 Pine Street, Nanaimo, BC, on behalf of the Pg. 111-112 Vancouver Island Military Museum Society, requesting a motion of support and that the City supply 2 City flags for the Operation "Nanaimo-Gram" (Greetings Recognizing Armed Forces Members in Afghanistan) project.

21. QUESTION PERIOD: (Agenda Items Only)

22. ADJOURNMENT:

ACTING MAYOR: Councillor Holdom

2010-MAR-08 to 201 0-APR-18 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF NANAIMO HELD IN THE SHAW AUDITORIUM, 80 COMMERCIAL STREET, NANAIMO, BC ON MONDAY, 2010-MAR-08 COMMENCING AT 7:00 P.M.

PRESENT: Acting Mayor W. J. Holdom, Chair

Members: Councillor W. L Bestwick Councillor D. K. Johnstone Councillor J. A. Kipp Councillor L. D. McNabb Councillor J. F. K. Patije Councillor L. J. Sherry Councillor M. W. Unger

Absent: His Worship Mayor J.R. Ruttan

Staff: A.C. Kenning, City Manager I. Howat, Director of Legislative Services B. E. Clemens, Director of Finance B. Anderson, Manager, Community Planning R. J. Harding, Director of Parks, Recreation and Culture C. Scott, E-GovernmentiCommunications Officer J. E. Harrison, Manager of Legislative Services L. Dennis, Recording Secretary

1. CALL THE OPEN MEETING TO ORDER:

The Regular Meeting was called to order at 7:00 p.m.

2. INTRODUCTION OF LATE ITEMS:

(a) Delete Agenda Item 5 (a) - Presentations - Mr. Per Kristensen.

(b) Add Agenda Item 8 (b) - Proclamations - "ELIMINATION OF RACIAL DISCRIMINATION DAY."

(c) Delete Agenda Item 11 (b) - Staff Reports - Unsightly Premises - 190 Westwood Road.

3. ADOPTION OF AGENDA:

13210 It was moved and seconded that the Agenda, as amended, be adopted. The motion carried unanimously.

10 MINUTES - COUNCIL 2010-MAR-08 PAGE 3

(b) Nanaimo Community Heritage Commission - Annual Work Plan 2010

13810 It was moved and seconded that Council endorse the Nanaimo Community Heritage Commission work plan for 2010. The motion carried unanimously.

8. COMMITTEE REPORTS:

(a) Advisory Committee on the Environment - Annual Work Plan

13910 It was moved and seconded that Council endorse the Advisory Committee on the Environment work plan for 2010. The motion carried unanimously.

9. STAFF REPORTS:

DEVELOPMENT SERVICES:

(a) Report of the Special Public Hearing held Thursday, 2010-FEB-18 for Bylaw No. 6500.007

14010 It was moved and seconded that Council receive the Report and the Minutes for the special Public Hearing held 2010-FEB-18 for Bylaw No. 6500.007. The motion carried unanimously.

(b) Unresolved Building Deficiencies - Bylaw Contravention Notice - Marijuana Grow Operation - 494 Haliburton Street

Acting Mayor Holdom inquired if there was anyone wishing to speak to the report pertaining to the unresolved building deficiencies/marijuana grow operation for 494 Haliburton Street.

Ms. Barbara Pollard, 1598 Bush Street, spoke on behalf of the tenant and informed Council that permit applications have been submitted and that the tenant is working towards compliance.

14110 It was moved and seconded that Council, by resolution, instruct the Director of Legislative Services to file a Bylaw Contravention Notice respecting the property listed below at the Land Title and Survey Authority of British Columbia under Section 57 of the Community Charter: (1) 494 Haliburton Street - Illegal Grow Operation / Finish Basement, incorporate new Windows, new front Deck and Stairs, create Living Space below Deck.

The motion carried unanimously.

(c) Illegal Grow Operation - 494 Haliburton Street

Acting Mayor Holdom inquired if there was anyone wishing to speak to the report pertaining to the illegal grow operation for 494 Haliburton Street.

11 MINUTES - COUNCIL 2010-MAR-08 PAGE 4

Ms. Barbara Pollard, 1598 Bush Street, spoke on behalf of the tenant and informed Council that permit applications have been submitted and that the tenant is working towards compliance.

14210 It was moved and seconded that Council, pursuant to Section 73 of the Community Charter, order the owner(s) of 494 Haliburton Street to remove the structure or bring it up to standard within thirty (30) days. The motion carried unanimously.

CORPORATE SERVICES:

(d) Bylaw to Increase the Rate Charged to South West for Bulk Water Supply

14310 It was moved and seconded that Council receive the report pertaining to "SOUTH WEST BULK WATER RATE BYLAW 2010 NO. 7099." The motion carried unanimously.

10. INFORMATION ONLY ITEMS:

(a) . Report from Mr. A. J. Tucker, Director of Planning, re: Downtown Nanaimo Business Improvement Association.

Councillor Johnstone congratulated Councillor Unger on a great job of chairing the Downtown Nanaimo Partnership Society during its transition period.

11. RECONSIDERATION OF BYLAWS:

(a) "FINANCIAL PLAN BYLAW 2010 NO. 7097" (to confirm and adopt the Financial Plan).

14410 It was moved and seconded that "FINANCIAL PLAN BYLAW 2010 NO. 7097" be adopted. The motion carried. Opposed: Councillors Bestwick and Sherry

12. INTRODUCTION OF BYLAWS:

(a) "SOUTH WEST BULK WATER RATE BYLAW 2010 NO. 7099" (to establish the rate for bulk water supply to south west as $1.50 per thousand gallons).

14510 It was moved and seconded that "SOUTH WEST BULK WATER RATE BYLAW 2010 NO. 7099" be given first reading. The motion carried unanimously.

14610 It was moved and seconded that "SOUTH WEST BULK WATER RATE BYLAW 2010 NO. 7099" be given second reading. The motion carried unanimously.

14710 It was moved and seconded that "SOUTH WEST BULK WATER RATE BYLAW 2010 NO. 7099" be given third reading. The motion carried unanimously.

12 MINUTES - COUNCIL 2010-MAR-08 PAGE 5

13. CORRESPONDENCE:

(a) Letter dated 2010-FEB-04 from Mr. Dean Gaudry and Mr. Dale Lovick, Nanaimo & Area Land Trust Co-chairs, 8-140 Wallace Street, Nanaimo, V9R 5B1, expressing support for the intiative to have the bog bird's-foot trefoil, Lotus pinnatus, declared the floral emblem of the City of Nanaimo.

(b) Letter dated 2010-FEB-22 from Mr. Tyler Alton, Vice President, Corus Custom Networks, Suite 501 - 630 3 Avenue SW, Calgary, AB T2P 4L4, requesting that Council support the application by Corus Custom Networks for a licence to operate a new television channel in 64 markets in western Canada, including Nanaimo, by writing a letter of support to the CRTC.

14. OTHER BUSINESS:

(a) Councillor Kipp commented on the success of the Vancouver Olympic Games and the great pride he felt in being Canadian. Councillor Kipp also congratulated the efforts made in Nanaimo to celebrate the Olympics, such as the publicly televised events in Diana Krall Square.

15. DELEGATIONS PERTAINING TO ITEMS NOT ON THE AGENDA:

(a) Cathy Davis and James Cunningham presented a slide show of their experience busking at the Vancouver Olympic Games. Ms. Davis informed Council that she was charged $25 at the RCMP office for a criminal record check, when she should have been charged the $10 volunteer rate as outlined in the Fees and Charges Bylaw.

16. ADJOURNMENT:

14810 It was moved and seconded at 7:55 p.m. that the meeting terminate. The motion carried unanimously.

MAYOR

CERTIFIED CORRECT:

DIRECTOR, LEGISLATIVE SERVICES

13 .'

~ I .-. , ~ _ .-.. .. .,... .~ .- {-or every Vo~unteE!r ,7i,n CJpporrunJry to ~.f t t. II t ~. v I

January 04,2010 RECEIVED JAN -8 2010

The Honourable John Ruttan MAVOR'S OFFICE Mayor, City ofNanaimo Nanaimo, BC

Your Worship:

National Volunteer Week - Volunteer Appreciation Luncheon

We at Volunteer Nanaimo are making an Olympian effort to make our 16th annual Volunteer Appreciation Luncheon on April 21, 2010 at Behan Auditorium our best ever, and we would like to express our sincere thanks and gratitude for your generous donation of space for our annual Volunteer Appreciation Luncheon in Beban Park Auditorium and support in previous years. We hope we may rely on your continued support for this year's luncheon which makes it possible for Volunteer Nanaimo to thank the City's volunteers each year.

We are delighted to invite you to attend our luncheon this year, to sit at the head table and say a few words to the approximately 350 volunteers expected to attend. The luncheon is to be held at Beban Auditorium on Wednesday, April 21st, 2009 and will start at 12:00 noon

As this is an annual event, we request that Your Honour officially declare the week of th April 18th to 24 , 2009 as National Volunteer Week in the City of Nanaimo, and have enclosed a Proclamation for your signature.

We hope you can join us on the 21 st April. If you would be so kind as to have your Secretary confirm your attendance, we would greatly appreciate it.

Sincerely yours, "-1/\'f~l oca!2£ Marjorie Driscoll, Executive Director Phone: 250.758.7121 Fax: 250.758.7106 Email: [email protected] Website: www.volunteemanaimo.ca

14 i~or every VOiunt€,er an UPPOfIUH!ty anO Tor every upportunlty <:"~ V\.'~un::i2;;-;

Whereas our nation was founded upon a spirit of volunteerism, the talents and energies of Canadian volunteers continue to be one of our greatest natural resources; and

Whereas to build a society that is fair and just for all, we must work together in a spirit of love, respect and cooperation; and

Whereas Canada can not look to government alone to solve all of its societal problems; and

Whereas the active involvement of citizens is needed today more than ever to combat growing human and social problems, to renew our belief that these problems can be solved, and to strengthen our sense of community; and

Whereas anyone can be a volunteer and reap the rich rewards that come from doing for others, as well as from improving one's own skills and widening one's horizons; and

Whereas volunteering offers all Canadians - young and old - the opportunity to participate in the life of their community and to link their talents and resources to address some of the major issues facing our cities, such as drug and alcohol abuse, education, hunger, youth, homeless ness, our elderly; and

Whereas it is fitting for all Canadians to join in this celebration of our rich volunteer heritage and to give special recognition to the dedicated volunteers and volunteer programs which contribute immeasurably to communities throughout our City and country.

NOW THEREFORE, I Mayor John Ruttan, do hereby proclaim that April 18th - 24th, 2010 shall be known as Volunteer Appreciation Week in the City of Nanaimo.

15 PLANNING SYNERGY CREATIVITY

BRITISH COLUMBIA

SOCIETY OF LANDSCAPE ARCHITECTS

Suite 110 - 355 Burrard Street IIl! II!! luna Vancouver, British Columbia V6C zG8 m : ::: :::!IIl British Columbia LEGISLATNE ~~==V!CES T 604.682.5610 F 604.681.3394 Iii! : liS: gm:: LANDSCAPE ARCHITECTS E [email protected] www.bcsla.org

March 11, 2009

ATTN: His Worship Mayor John Ruttan City of Nanaimo Mayor's Office 455 Wallace Street Nanaimo, BC V9R 5J6

Dear Mr. Ruttan:

We are pleased to report that since 2006 the BC Society of Landscape Architects has joined our national and international counterparts in the annual celebration of World Landscape Architecture month. The International Federation of Landscape Architects worked with landscape architecture professional associations to join together to honour the profession in April, a month notable for Earth Day (April 22nd) and the birthday of Frederick Law Olmsted (April 27th), founder of the landscape architecture profession in North America.

In April 2010 landscape architectural organizations from around the globe will celebrate with public outreach activities to introduce the profession as a green career choice to youth, parents and educators. The scope of our profession encompasses the design of anything imaginable in the space around, between, or even on top of buildings. For individuals interested in the environment, conservation, and a blend of science and artistic expression, an occupation in landscape architecture may be a great career choice.

Professionals entering the field typically hold either a bachelor's or master's degree in landscape architecture. Landscape architects work with architects, planners, engineers and other professionals and play an important role in environmental protection by designing and implementing projects that respect both the needs of people and of the environment while ensuring that public safety is paramount. Career opportunities include the development and preservation of open spaces, recreation areas, green roofs and living walls, wildlife refuges, parks, greenways, transportation systems and many other public spaces. Many of the 2010 Winter Olympic and Paralympic Games venues were designed by landscape architects.

The BCSLA will be holding our 2010 Annual Conference in the Lower Mainland from April 23 to 24, 2010 at the River Rock Casino Resort & Conference Center. A pre-conference event is being held on April 22 at the same venue. This year, the Conference of URBAN INTERVENTIONS: Understanding and Designing the Urban Landscape, will challenge key stakeholders, practitioners and design professionals to dissect and investigate the issues of urban development that face the communities, towns, and cities of BC today. The goal of URBAN INTERVENTIONS is to provide delegates with a tangible understanding of urban issues and how various practitioners and stakeholders are embracing the complex issues that affect urban design, by developing effective urban design interventions. J4council Page 1 of 2 C (emmlttee ... "" ...... ;a:open Meeting C In-Camera Meeting 16 Meeting Date: 28~-M&t-"2--z... BCSLA: International Landscape Architecture Month Page 2 of 2

Conference delegates will include landscape architects, planners, architects and other allied professionals. Events will be open to the public for a nominal cost.

We are asking the City of Vancouver to help us recognize the important city building work done by landscape architects to change the face of urban and rural spaces in BC. It will be a tremendous opportunity to not only celebrate these individuals who represent our profession so well, but also to celebrate Vancouver's urban achievements with a global audience.

The BC Society of Landscape Architects is respectfully requesting that the City of Vancouver officially proclaim Saturday, April 24, 2010 as 'Landscape Architects Day" in this celebration of the profession. This day will showcase the best that Vancouver has to offer in projects that celebrate the city and feature such innovations as LEED®, green roofs, living walls, smart growth, greenway projects and planning and design for sustainability.

Thank you, in advance, for your consideration. We hope that you look favourably on our request to help celebrate our City and the professionals who have made a difference. Please contact me at (604) 682-5610 should you require further assistance or have any questions.

Yours sincerely, Be SOCiety of Landscape Architects

Tara Culham Executive Administrator

The BC Society of Landscape Architects (BCSLA) was formed in 1962 and registered in 1964 under the BC Societies Act. BCSLA regulates the profession of landscape architecture according to provincial statute. Landscape architecture is a comprehensive discipline involving land analysis, planning, design, management and conservation and rehabilitation. Typical projects include site deSign, urban planning, environmental impact studies, parks and recreation planning and residential garden design. The BCSLA promotes continuing education and high standards of professional practice in order to assure the health, safety and welfare of the public in British Columbia.

17 February 19th 2010

455 Wallace Street Nanaimo, BC V9R 5J6

Dear Mayor Ruttan:

Re: Proclamation of April 25th 2010 as Parental Alienation Awareness Day

Nanaimo Men's Resource Centre (NMRC) would like to thank City Council for their support last year in proclaiming April 25th Parental Alienation Awareness Day. Our hope is that Nanaimo City Council will once again support and pass a motion this year to have April 25 th declared 'Parental Alienation Awareness Day'. The Nanaimo Men's Resource Centre has for a number of years been working in the community and across the province to raise awareness on this issue through developing resources and offering one on one support for fathers and mothers who are going through this situation. We believe that having your support in bringing awareness to citizens of Nanaimo will help achieve a healthier community and social structure.

Parent Alienation is destructive, irrespective of the gender of the alienating parent. It is also being identified across North America and the world, as a serious form of mental abuse that affects the greater majority of children in broken homes. Nearly every child of divorce has experienced some form of this type of abuse. Parental Alienation doesn't just hurt the parent being alienated, but most importantly, research shows long term damage to children. Children are being victimized by parental alienation through subtle and not so subtle abuse from a parent, and sometimes other caregivers as well. All of this creates a negative environment for our youth, schools and communities.

Education and awareness will do wonders to help put an end to this abuse to children and the parent who is being alienated. There are 14 countries that are participating in awareness campaigns and Canada is one of these. Our hope is that Nanaimo City Council will continue to be a leader in BC by again this year declaring and promoting April 25th as Parental Alienation Awareness Day. An official declaration and the posting on the city website of links to resources and support for parents going through this very emotional and draining experience would be much appreciated. Websites like the Nanaimo Men's Resource Centre (www.nanaimomen.com) and the Canadian Parental Alienation Awareness Organization in Ontario (http://www.paawarenessday.com ) are good resources for raising awareness about Parental Alienation.

We have enclosed copies of our brochure for all council members and invite them to visit the above websites for more information. Copies of our Parental Alienation Awareness DVD are also available upon request. If we can be of any assistant please feel free to call us at 250-716-1551. We look forward to hearing the council's response.

Sincerely,

Theo J. Boere Executive Director Nanaimo Men's Resource Centre ~Council (250) 716-1551 C Cemmlttee ... nnn...... fin Meeting [email protected] IJ In-Camera Meeting www.nanaimomen.com Meeting Date: ?£?\Q -lYJAX? -"2~

For Nen - Helping :Families. r,1en, Wornen and Children 18 609 First SI. Nanaimo, BC V9R 1Y8

March 19,2010.

BY HAND

City of Nanaimo 455 Wallace SI. Nanaimo, BC

Attention: Ms. Joan Harrison

Dear Ms. Harrison:

Re: "PARKINSON'S AWARENESS MONTH"

April is Parkinson's Awareness Month. Please find enclosed, an updated template for the Proclamation, which has just been provided to me by the office of Parkinson Society British Columbia.

Th is template contains current information about the number of adults affected by Parkinson's in the Province of British Columbia.

The purpose of this letter is to respectfully request that the month of April be proclaimed "Parkinson's Awareness Month" in the City of Nanaimo.

Thank you for your assistance in this matter.

Yours truly,

~c_ Gil Luckham

754 - 2129

Encl.

\'6. \ PARKINSON'S AWARENESS MONTH APRIL,2010

WHEREAS Parkinson's disease, for which there is no known cause or cure, is a progressive, degenerative neurological disorder which causes tremor or trembling of the arms and legs, muscular rigidity, slowness of movement and difficulty with speaking and swallowing;

AND WHEREAS Parkinson's affects approximately 11,000+ adults in the Province of British Columbia;

AND WHEREAS Parkinson Society British Columbia is providing information, consultation, support services and educational seminars for people with Parkinson's and their families; and is promoting a better understanding of this disorder;

AND WHEREAS it is desirable to increase the level of understanding of Parkinson's and the needs of persons suffering from Parkinson's:

NOW, THEREFORE 1, John Ruttan, Mayor of the City of Nanaimo, DO HEREBY PROCLAIM the month of April 2010 as

"PARKINSON'S AWARENESS MONTH"

in the City of Nanaimo.

\'6.7.. Council Report -2-

Social Status • Provide statistical measures of • Update Social Status measures Report community health. in consultation with SDS group. (SSR). • Provision of Social status data for community use.

Communicate • Review emerging issues in the • Provision of advice to Council emerging issues community of a social nature. with respect to specific social to Council, staff • Build relationships and understanding issues. and the through effective communication. community. • Present on issues at an open session of Council.

PartiCipation on • Provide a social perspective to • Attend meetings as required PNAC, Grants committees of Council. and act as liaison on behalf of Advisory SPAC. Committee and other committees of Council as requested.

Communicate on • To engage citizens on social issues • Forum or event which leads to a social issues to and provide accurate information to better public understanding on a broader same. specific issue. community

Social • Grant programs will help raise public • Review criteria and timing of Development awareness about social issues and grant programs. Grants and demonstrate the City's commitment to • Proceed with 2010 grant Community building community capacity and programs. Service Grants. partnerships that address our • Promulgation of best practices community's social challenges. locally. • Evaluation of successes. LRS and rezoning • Provide input as appropriate on • Provision of advice to City staff applications. rezoning applications for proposed with respect to specific social LRS's and residential! commercial issues. developments.

In addition, the Committee will address additional topics or tasks that fall within the mandate of SPAC that may be referred by Council.

Respectfully submitted, ~ Jim Kipp, Chair Social Planning Advisory Committee

JH/ch g:compln\admin\2010\SPAC 2010 workplan Council Date: 2010-Mar-22

20 2010-Mar-12

REPORT TO: COUNCIL

FROM: CHAIR, SOCIAL PLANNING ADVISORY COMMITTEE

RE: ANNUAL WORKPLAN 2010

COMMITTEE'S RECOMMENDATION:

That Council endorse the Social Planning Advisory Committee's workplan for 2010.

EXECUTIVE SUMMARY:

The purpose of this report is to highlight some of the activities of SPAC in 2009, propose the Committee's priorities for 2010, and seek Council endorsement.

BACKGROUND:

The Social Planning Advisory Committee (SPAC) was created as an advisory committee to Council to be a resource to Council and Staff in providing a broad-based social perspective on community issues or in response to specific matters of a social nature. In addition, SPAC assists Council in setting priorities amidst competing objectives. In order to keep Council informed of issues in the community, the Committee acts as a liaison with community groups, agencies, the public and other government sectors.

Activities of the Social Planning Advisory Committee in 2009: • Provided input to City staff on: >- City of Nanaimo Affordable Housing Policy; >- housing agreements; and >- the need to enhance the capacity of the emergency food sector. • Commented on the relocation of an LRS from Woodgrove Centre to University Village. • Provided reports to Council on: >- recommended recipients for Social Development grants; >- recommended recipients for Community Service grants; and >- presentation of 2009 Excellence in Social Development awards • Provided support to the Social Development Strategy Steering Committee. • Received delegations from non-profit social service agencies with respect to emerging social issues in the community. • Provided committee representatives to the Grants Advisory Committee, PNAC and the Loaves & Fishes/Salvation Army Christmas Hamper Program.

Workplan Priorities for 2010: Project / Issue Purpose / Work Required Expected Outcomes Social • Liaise with Social Development • Integration of SDS with work of Development Strategy Steering Committee. Economic Development Group. Strategy • Support to pilot initiatives arising from • Furtherance of SDS objectives. (SDS). that group, i.e., Clemente. • Enhanced capacity of volunteer • Support to the voluntary sector. I charitable organizations.

"Council C Cemmlttet ...... ~Open Meetlng r.J In-Camera Meetin& tll? 'l 19 Meeting Date: aDt - M - k ~ REPORT TO: NANAIMO CITY COUNCIL

FROM: JOINT USE COMMITTEE

RE: APPOINTMENT OF SCHOOL DISTRICT REPRESENTATIVE TO PLAN NANAIMO ADVISORY COMMITTEE (PNAC)

RECOMMENDATION FROM THE JOINT USE COMMITTEE:

That Council:

1. Approve an appointment of a School District Representative as a member of the Plan Nanaimo Advisory Committee (PNAC); 2. That the Terms of Reference of the Plan Nanaimo Advisory Committee be amended to include one representative from School District 68.

RECOMMENDATION FROM STAFF:

It is recommended that the School District 68 representative be an employee of the School District. An employee would provide technical expertise related to impact on School District facilities. Political discussions would occur at the Council level.

EXECUTIVE SUMMARY:

At the regular meeting of Council on 2010-JAN-25 the School District 68 I City of Nanaimo Joint Use Committee was re-established and three Councillors were appointed.

At the first meeting of the Joint Use Committee of 2010-MAR-04, School District Representatives requested that a representative from the School District be appointed to the Plan Nanaimo Advisory Committee.

BACKGROUND:

At the initial meeting of the School District 68 I City of Nanaimo Joint Use Committee School District Representatives expressed a desire that a School Board representative be appointed to the Plan Nanaimo Advisory Committee. Although School District staff currently receives all development application referrals, Board members believe that it would be advantageous that a School District representative formally be appointed to the Plan Nanaimo Advisory Committee.

PNAC has a mandate to promote the community's wellbeing and to advise Council with regards to land use decisions. It is to bring a broad community based perspective to monitoring and protecting the integrity of the City's Official Community Plan and Zoning Bylaw, which represent the community vision, and to make recommendations to Council on proposed amendments to the OCP and zoning bylaw, ftC I ~ ound a Cemmittee ..... __ ...... Ja:. Open Meeting 21 [J In-Camera Meeting Meeting Date: 1.0 I,,() - t'\ A-r< -'"l-'- Report To Council - Appointment Of School District Representative To Plan Nanaimo Advisory Committee (Pnac) 2010-MAR-22 Page 2 of2

Currently the Committee is comprised of 18 members. The 18 member committee must reflect a broad representation of community interests and a diversity of opinions in order to fulfill its mandate. Current membership includes:

• 1 Representative each from: _ o City Council; o Snuneymuxw First Nation; o Nanaimo Port Authority; o Vancouver Island University; o Canadian Home Builders' Association of Central Vancouver Island; o Vancouver Island Real Estate Board; o Nanaimo Chamber of Commerce; o Environment Community; o Youth (under 25 years of age); ·0 Social Planning Advisory Committee; o Nanaimo Community Heritage Commission; o Advisory Committee on the Environment; and, o Parks, Recreation and Culture Commission. • 2 Representatives from: o Community At Large_ • 3 Representatives from: o Neighbourhood Associations.

Attached is the current Terms of Reference for the Plan Nanaimo Advisory Committee. If Council approves the appointment of a School District Representative, these Terms of Reference would be modified.

Respectfully submitted,

Andy L· idlaw General Manager, Community Services

2010-MAR-16 9 :\admin\council rpts\20 1 o\RPT1 00222AppointmentOfSchooiDistrictRepresentative T oPlanNanamoAdviosoryCommittee­ PNAC.doc

22 CITY OF NANAlMO TERMS OF REFERENCE planNANAIMO ADVISORY COMMITTEE CITY OF NANAIMO

Preamble Page 1 Of the many services provided by a municipality, it is most critical Mandate Page 1 that decisions involving planning and development reflect the Objectives Page 1 values, aspirations and priorities of the community; and while Scope Of Work Page 2 communities tend to have considerable policy documentation, Membership Page 3 managing the growth and change happens on an incremental Appointment and Term Page 3 basis as individual applications for development are considered. Chair Page 4 The City of Nanaimo Official Community Plan (OCP) outlines a Quorum Page 4 process for amending and auditing OCP policies and objectives, Meeting Procedures Page 4 and which includes the participation of a planNanaimo Advisory Reporting to Council Page 4 Committee (PNAC). PNAC also has the opportunity to review Budget Page 4 and consider zoning amendment proposals, reflecting on the Staff Support Page 5 objectives and best interests of the residents, neighbourhoods and city as a whole. Given the varied goals of community members and levels of interest, conflicting objectives are inevitable. The assistance of residents working with Staff and City Council is essential to sift through the many objectives of the city's development. The planNanaimo Advisory Committee is one way to tap the community's priorities to assist Council in evaluating decisions about the community's development. In this context, these Terms of Reference identify a mandate for the planNanaimo Advisory Committee. The mandate is an invitation to city residents to become involved in setting a direction and pace for the city's development.

PNAC has a mandate to promote the community's wellbeing and to assist Council in setting priorities amid competing objectives. It is to to bring a broad community based perspective to monitoring and protecting the integrity of the City's Official Community Plan and Zoning Bylaw, which represent the community vision, and make recommendations to Council on proposed amendments and initiatives related to the OCP and zoning bylaw, including development proposals involving zoning amendments. The OCP and zoning amendments may be submitted separately or jointly.

OBJEC1!I'VES, '7 ; •.'., .:.,.•.• ,.,~:" "'~h." .~ The mandate of PNAC is supported by a series of objectives. 1. To advocate on behalf of the community on land use issues. 2. To measure the progress towards achieving OCP goals and objectives. 3. To assess and monitor proposed changes to the OCP through an amendment and review process; and to review rezoning applications to ensure proposed developments comply with the policies and objectives of the OCP. 4. To develop and initiate methods of public education as it pertains to land use, OCP policies, and City regulations related to managing growth. 5. To bring the community perspective to the neighbourhood planning process as an active participant in neighbourhood and area planning. 6. To consider and integrate economic, social, land use and environmental impacts through the decision process. 7. To initiate changes to the OCP that reflect changing community circumstances.

23 Terms of Reference

8. To provide recommendations regarding the City of Nanaimo Zoning Bylaw in order to ensure that it remains an effective and relevant document. 9. To make recommendations that reflect and articulate community opinion, in all its diversity, on matters referred by City Council.

In order to achieve the objectives, the Committee will meet on a regular basis to: .• Review proposed OCP amendments and zoning amendments as per the amendment processes and make recommendations to Council; • Monitor the effectiveness with which the City's OCP and Zoning Bylaws achieve their objectives and recommend changes to Council as necessary; and • In addition to regularly scheduled meetings, members may meet more frequently to: assess proposed OCP amendments in an effort to ensure amendments to the OCP are considered in a timely manner; or to participate with Staff, Council and Council Committees on specific task forces or project Committees.

Specific tasks related to the scope of work include, but is not limited to, the following. As Part of the Amendment Process • educate and inform the community about the OCP and zoning amendment processes; • receive OCP and zoning amendments from Council, external applicants, staff and other interests as part of the amendment processes; and • consider PNAC initiated proposed OCP amendments; a general, community wide, non-site specific OCP amendment may be initiated by the community through PNAC. As Part of Community Education • encourage neighbourhood planning to ensure the implementation of the OCP policies and commitment to the fundamental principles of the OCP, and • educate and inform the community about OCP policies and zoning regulations. As Part of the OCP Review • Every five years, beginning in 2013, a review of progress towards OCP goals will be prepared and published under the Committee's direction. • PNAC will make recommendations on any changes to OCP goals, objectives and policies in order to reflect changing community circumstances.

Page 2 of 5

24 Terms of Reference

The 18 member committee must reflect a broad representation of community interests and a diversity of opinions in order to fulfill its mandate. While it is difficult to guarantee a complete cross-section of the community, Council recognizes that certain groups are identifiable. Residents and community interest groups will be invited to submit names for membership within the following categories, as opportunities arise.

Members Membership Area

City Council Snuneymuxw First Nation 1 Nanaimo Port Authority 1 Vancouver Island University Canadian Home Builders' Association of Central Vancouver Island Vancouver Island Real Estate Board Nanaimo Chamber of Commerce 3 Neighbourhood Association 1 Environment Community 1 Youth (under 25 years of age) 2 Community At Large Representatives Acting for the Following Council Committees (a committee member reporting on PNAC business related to that committee's mandate, or an at large representative with a specific focus on a committee of Council's interest): Social Planning Advisory Committee Nanaimo Community Heritage Commission Advisory Committee on the Environment Parks, Recreation and Culture Commission

As neighbourhoods complete their neighbourhood plans, PNAC will ensure neighbourhood input into proposed amendments is provided. If an application to amend a plan is submitted, or when a new neighbourhood plan is being considered, the neighbourhood association or representative group will be invited to provide up to three temporary representatives under the following conditions: • attend the meetings where proposed OCP amendments are being discussed; • comment on all aspects of the discussion about the proposed amendment; • not participate in determining consensus or voting on the proposed amendment; and • must not have a perceived conflict of interest with any amendment proposed for the neighbourhood plan.

APeQIW1!MENTANOTE~M With the exception of those members who represent committees of Council, and whose term is concurrent with their appointment to that committee, members of the Committee will be appointed by Council to serve overlapping three year terms. Each three year term is scheduled to expire on the last day of June, three years from the date of appointment. This structure of overlapping three year appointments will provide continuity and consistency in the OCP amendment process by providing a mix of past experience with planNanaimo and new community representatives. The temporary neighbourhood representative( s) will remain on PNAC only for meetings pertaining to OCP amendments in the neighbourhood plan area.

Page 3 of 5

25 Terms of Reference 4illii!I" A Chair will be appointed, by Council, to the Committee. In the absence of the Chair, an Alternate Chair will be selected by the Committee.

A quorum for the meeting shall be a simple majority of the currently active positions on the Committee; however, the Committee may carry out its work at a meeting in the absence of a quorum. The absence of a quorum will be specifically noted in the minutes. Any member who misses three consecutive meetings, where regrets were not received, shall be asked by the Chair to reconfirm their commftment to serve on the Committee. At the discretion of the Committee and in consultation with the member, a further absence of two consecutive meetings may constitute a report to Council to terminate the appointment and appoint a replacement member.

Regular meetings will take place on a monthly basis. Special or ad hoc meetings shall be at the call of the Chair. All meetings will be held in open session and in a location accessible to the public. The order of business is to be as set out in an agenda package to be provided to the members in advance of the meeting date. Minutes of the meeting will be prepared and adopted by the Committee at its next regular meeting. Originals of the minutes will be retained by the Development Services Department. Individual applications submitted for review shall be dealt with in an open session. In each case, City Staff will initiate the review with a presentation of background information, including a summary of major policy issues applicable to the proposal. Where OCP and/or zoning amendment applications are under review, the applicant and/or agent and the public shall be given the opportunity to address the Committee, following which the Committee members will have an opportunity to address questions to the applicant and Staff. The Committee will then formulate its position in relation to the proposal and provide its recommendation. The Committee's recommendation will then be forwarded to Council with a copy of all relevant minutes. If a Committee member has a conflict of interest or a perceived conflict, the member must declare their conflict of interest and leave the room until the discussion on that matter is completed. The identified conflict of interest and the removal and return of the member must be recorded in the minutes.

~epqRrINGTOCOVNCIL The Committee Chair or a Committee appointee will report to Council on behalf of the Committee. Any communication on behalf of PNAC by the Chair or appointee will be in accordance with a motion of PNAC on the form and content of the presentation. The Committee may report to Council on an issue within its mandate or other issues as requested by Council. auo<;?ET The budget allocation will be located within the Development Services Department.

Page 4 of 5

26 Terms of Reference

Staff support will be provided by the Development Services Department. Typically, the function includes the following: • organizing and preparing the agenda, in conjunction with the Chair; • distribution of the agenda package to the Committee members; • taking and preparing minutes; • provide information and research required by the Committee for tasks related to their mandate; • managing files of the Committee as necessary; • maintaining a list of outstanding issues for Committee action; • budget tracking and reporting; • in conjunction with the Chair, drafting Committee reports to Council and an annual report; • provide the position of City staff on issues discussed by the Committee, and • other duties subject to authorization by the Director of Planning and Development.

These Terms of Reference were prepared on 1999-MAY-18 and approved by Council on 1999-JUN-28. These Terms of Reference were amended on 2005-MAY-24 and approved by Council on 2005-MAY-30. These Terms of Reference were amended on 2006-SEP-19 and approved by Council on 2006-0CT-16. These Terms of Reference were amended on 2008-SEP-16 and approved by Council on 2008-SEP-29.

g:lcommplanlpnacladministrativelterms of reference 2008 revised. doc

Page 5 of 5

27 2010-MAR-16 STAFF REPORT

TO: A. TUCKER, DIRECTOR OF PLANNING, DEVELOPMENT SERVICES

FROM: J. HOLM, MANAGER, PLANNING DIVISION, DEVELOPMENT SERVICES

RE: DP631 - 253 VICTORIA ROAD

STAFF'S RECOMMENDATION:

That Council:

1. Issue Development Permit No. DP631 at 253 Victoria Road with the following variances:

• Required Front Yard (Victoria Road - Major Collector) The required front yard is 10 metres (32.8 feet). The proposed setback is 0.22 metres (0.72 feet), a proposed variance of 9.78 metres (32.09 feet).

• Required Rear Yard The required rear yard is 10.5 metres (34.5 feet). The proposed setback is 1.5 metres (5 feet), a proposed variance of 9 metres (29.5 feet).

• Required Side Yard (Lane) The required side yard is 3 metres (9.8 feet). The proposed setback is 1.03 metres (3.38 feet), a proposed variance of 1.97 metres (6.5 feet).

• Required Flanking Street Side Yard (Farquhar Street) The required flanking street side yard is 4 metres (13.12 feet). The proposed setback is 0.56 metres (1.84 feet), a proposed variance of 3.44 metres (11.3 feet).

• Lot Coverage The maximum lot coverage is 35%. The proposed lot coverage is 44.1 %, a proposed variance of 9.1 %.

• Allowed Small Car Parking Spaces The maximum allowed small car parking space is 33% of the total required parking. The proposed small car count is 50% of the overall required parking spaces, a proposed variance of 17%.

2. Direct Staff to secure road dedication from both Victoria Road and the lane which borders the northern property boundary.

l:l-Counclt C Cemmlttee ...... _ )':if Open Meeting r.J In-Camera Meeting 28 Meeting Date: '2:0 tD - ~-k~ - Page 2-

EXECUTIVE SUMMARY:

The City has received an application for a development permit from Juris Voldemars Bergins, Architect, on behalf of 0854043 BC Ltd., to permit the construction of a 20-unit apartment. Staff has identified a requirement for road dedication from Victoria Road and the lane which borders the northern property boundary. The proposed setback variances from Victoria Road and the lane are based on the proposed property boundary following dedication. Staff supports the development plan, including the proposed variances and recommends that Council issue the development permit.

BACKGROUND:

Subject Property The subject property is a vacant Medium Density Multiple Family Residential (RM-6) zoned corner lot with an area of 1,211.5 square metres (13,040.9 square feet).

According to Map 1 of the Official Community Plan, the subject property is designated Downtown Centre Urban Node. According to Map 3 of the OCP, the subject property is within Development Permit Area No. 9 (Form and Character) and, as such, a development permit is required before a building permit can be issued.

Proposed Development The proposed development is a four-storey apartment with underground parking. The proposed structure contains 20 apartments of varying unit layouts as follows:

• 1 one-bedroom unit; • 5 one-bedroom plus den units; • 14 two-bedroom units; • 20 underground parking spaces.

The ground floor units facing Victoria Road have front doors on the street and direct access to the street, as well as some limited on-street parking. These ground floor units complement the existing Victoria Avenue streetscape.

The main building entrance is off Farquhar Street. The local road frontage on Farquhar Street allows for on-street parallel parking.

The concept landscape plan is a traditional design that emphasizes property edges. The property edges are defined by a four foot metal picket fence and a small hedge detail in the background. The units on Victoria Avenue have individual gates. The plant material proposed is compatible with plantings found in the neighbourhood. The site landscape plan proposes a green roof over the proposed parking structure. As such, the top of the parking structure effectively becomes part of the yard space of the proposed development.

Required Variances The applicant is requesting a number of variances as follows:

Setbacks The proposed setback variances are in relation to the underground parking structure, which extends beyond the footprint of the apartment building. The apartment building siting has more

29 - Page 3-

conventional setbacks that fit in with the neighbourhood and mirror front yard setbacks in this block of Victoria Road (Milton to Farquhar Streets). Buildings in this area have typical setbacks from the road of between 3.9 metres (12.5 feet) to 4.5 metres (14.6 feet). The proposed building is sited 4.44 metres (14.5 feet) from Victoria Road. The apartment building is sited 4.34 metres (14.2 feet) from Farquhar Street and 9.4 metres (30.8 feet) from the property line of the neighbouring single family dwelling to the east.

• The required front yard (Victoria Road - major collector) is 10 metres (32.8 feet). The proposed setback is 0.22 metres (0.72 feet), a proposed variance of 9.78 metres (32.09 feet). This responds to road dedication.

• The required rear yard is 10.5 metres (34.5 feet). The proposed setback is 1.5 metres (5 feet), a proposed variance of 9 metres (29.5 feet).

• The required side yard (lane) is 3 metres (9.8 feet). The proposed setback is 1.03metres (3.38 feet), a proposed variance of 1.97 metres (6.5 feet). This responds to road dedication.

• The required flanking street side yard (Farquhar Street) is 4 metres (13.12 feet). The proposed setback is 0.56 metres (1.84 feet), a proposed variance of 3.44 metres (11.3 feet).

As the proposed setback variances from Victoria Road and the lane are from the edge of the parking structure and the future property line following road dedication, Staff recommends securing road dedication by way of covenant. The applicant is agreeable to registering a covenant which will require road dedication from Victoria Road (approximately 3 metres) and the lane (approximately 0.75 metres) at building permit stage.

Lot Coverage The vacant site has a small area. The applicant has had a challenge fitting the building footprint on the site even with the small-sized units that are being proposed (approximately 60 square metres to 79 square metres). The applicant has worked with the small site by providing the required number of parking stalls underground, which is a considerable expense for a small project.

• The maximum lot coverage is 35%. The proposed lot coverage is 44.1 %, a proposed variance of 9.1 %.

Allowed Small Car Parking Spaces The subject property lies within Area 3 of the Parking Bylaw, which requires one space for each dwelling unit. The applicant has provided 20 parking stalls for 20 units, which meets the Parking Bylaw requirement in relation to the number of stalls provided. The applicant proposes to provide 50% of the required parking as small car spaces, rather than the 33% bylaw maximum for small car spaces.

The proposed increase in the number of small car parking spaces allows for better circulation within the parkade and responds to the applicant's expected target market demand for the units. The applicant feels that the typical owner of these small scale units will likely have a small car or possibly no car at all. The applicant has also provided secured bike storage in the underground garage.

30 - Page 4-

• The maximum allowed small car parking space is 33% of the total required parking. The proposed small car count is 50% of the overall required parking spaces, a proposed variance of 17%.

Staff supports the proposed variances as noted above.

Design Advisory Panel Recommendation: The Design Advisory Panel, at its meeting held on 2009-0CT-22, accepted DP631 , supporting the requested variances. The Panel, however, made the following recommendations:

• redesign the entranceway; • provide a storage area/enclosure for bikes, etc. within the underground parking area; • revise the landscape plan as follows: o consider preserving the existing trees; o incorporate additional street trees into the landscape plan; o consider, at the very least, a minimum level of site sustainability; o add pergolas to the west elevation; o provide a barrier to ensure privacy and to deter residents approaching ground floor windows on the east elevation; o consider the safety and security issues with regard to the south-west plantings. • City Staff to present updates at the Design Advisory Panel meeting.

The entrance way off of Farquhar Street has been redesigned to be more prominent. Bicycle storage areas have been set aside.

The concept landscape plan issues have been resolved. The existing trees have been reviewed by the City's Urban Forestry Coordinator and found to be in decline and need to be removed. The fence detail, organization of plant material and the transparency of the site with doors opening onto the street are all ways of increasing the site safety and security.

The Design Advisory Panel, on 2010-FEB-25, reviewed and accepted all the changes as presented.

The applicant has consulted both the Nob Hill Neighbourhood Association and the South End Community Association.

South End Community Association The South End Community Association indicated in general principle that they are interested in promoting new additions to existing housing stock as part of an overall commitment to increase the density in the neighbourhood. The group was pleased to support a new development at this location, but they were concerned about the general design of the building and a perceived lack of cohesiveness with the overall character of the neighbourhood, which emphasizes more traditional and heritage values.

Nob Hill Neighbourhood Association The Nob Hill Neighbourhood Association felt unanimously that the building is not a good aesthetic fit for the neighbourhood. The following recommendations were made by members to help make the building more traditional and fitting: wrought iron balconies; hardi-plank siding;

31 - Page 5- cornices; overhangs and other architectural details added to the exterior would do much to help this building be part of the neighbourhood.

Staff Comment Staff discussed both recommendations from the Associations with the applicant and owner. The recommendations are not binding and should only be considered as they relate to the Design Guidelines. The applicant was not prepared to change the concept from a contemporary design to a traditional design, but was prepared to add traditional design elements to make the building design more robust. The applicant has made the following changes to respond to the Associations' concerns: • the window detail is improved with a four pane window pattern rather than a two pane pattern; • the lower floor is completed in hardi-board rather than vinyl, providing a more traditional image; • the balconies have a picket detail flanking either side of the glass panels, which adds more texture; • the main entrance detail has been increased in massing and scale. All building pillars land on an architectural concrete base.

Staff concurs with the Design Advisory Panel, supports the proposed variances and recommends that Council authorize the development permit.

Respectfully Submitted, J.HOlm~ Manager, Planning Division Director of Planning DEVELOPMENT SERVICES DEPARTMENT DEVELOPMENT SERVICES DEPARTMENT

GN/hd

COUNCIL: 2010-MAR-22 Prospero Attachment: DP000631

32 Development Permit No. DP000631 Schedule A 253 Victoria Road Location Plan

202 200 217

C13 251

Z 224 (') 0 264 ~ (J),..... M 275

.." N 0 or:ctJ F uhar St .9 303 ~ CJ 01 330 ::> 333

374

Pine St

DEVELOPMENT PERMIT NO. DP000631 NORTH LOCATION PLAN ~ SUBJECT ~PROPERTY Civic: 253 Victoria Road Lot 5, Block Jackson, Section 1, Nanaimo District, Plan 584

33 Development Permit No. DP000631 Schedule B 253 Victoria Road Site Plan

THEWAVB ONVIcrORIA

REVISED JAN 2010 ~

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J.E. .&.NO£RSOH a: ASSOOAlES 1/16" =l' B.C. ~~~~~_~~~~9. ~teera SITE PLAN! File: 86875 Dot. : Oetober 15, 2009 DP·1 Development Permit No. DP000631 Schedule G 253 Victoria Road Building Elevations

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DP-4 " J E ANDERSON SKETCH PLAN ASSOCIATES Ill.. SURVEYORS - ENGINEERS TEl:25D-75B-4631 FAX:25D-7SB-4660 NANAIM:J -ViCTORIA - PARKSVIUE

File: 86875 Civic: 253 Victoria Roed, Nonoimo. B.C.

Legal: Lot 5. Block Joc~son" Section 1, Nonaimo District, Pion 584.

Dimensions are in metres and ore derived from field survey. This sketch does not constitute a redefinltion of the legal boundaries hereon described and is not to be used in any matter which would Qssume same. This sketch plan has been prep9red in accordance with "the Manual of Standard Practice and is certified correct this th dey of Merch. 2010. This document is not valid unless a·" - originally signed and sealed B.C.LS.

C Copyright 2010 J.E. Anderson & Associates. All rights reserved. No person may copy, reproduce. tr~nsmit or alter this document in whole or in part without the consent of the signatory.

The signatory {]ccepts no responsibility or liability for any damages that may be suffered by 0 third party as Q result of cny decision made. or actions token based ·on this document. Subject to cherges. legel notetions. end interests shown on; Title No. CA1150607 (P.I.D. 000-120-995) Scele 1:250 W c: n n-~ I 0 0 2.5 5 10 15 20 25 metres ~ :;:::; ::J CI:S "C .2 .s::.CD "C 0 CD U) C "C CI:S ~ 0 14 () 0:: 0 "C ...J CD III t/) 0 0- 0 '- It) D. 0" LANE 0.76

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REM. 5 1104.0m2 PLAN p 584 4 ~

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RIR:EIVEOI NOV 1'Il'00 b~~~~a·~ 2010-MAR-08 STAFF REPORT

REPORT TO: ANDREW TUCKER, DIRECTOR, PLANNING

FROM: BRUCE ANDERSON, MANAGER, COMMUNITY PLANNING

RE: FA<;ADE GRANT APPROVAL - NASH HARDWARE BUILDING, HARRIS RESIDENCE AND E&N RAILWAY STATION

STAFF'S RECOMMENDATION:

That Council approve the following fa9ade grants, subject to the conditions specified in this report:

1. E&N Railway Station (321 Selby Street) - $10,000 2. Nash Hardware Building (19 Commercial Street) - $7,000 3. Harris Residence (375 Franklyn Street) - $3,000

EXECUTIVE SUMMARY:

The Heritage Fa9ade Improvement Grant Program was created by Council in 2003 as part of the City's Downtown Revitalization Strategy. The program has subsequently been very successful at leveraging private investment toward the repair and rehabilitation of historic buildings located in the downtown core. Up until 2009, the program was jointly administered between the City and the Downtown Nanaimo Partnership (now the Downtown Nanaimo Business Improvement Association). With the reconstitution of the DNBIA, the grant program is now administered solely by the City, requiring a modification of the approval process and the need for Council's direct approval of the fa9ade grants as recommended by the City's Heritage Commission. The 2010 Fa9ade Improvement Grant Program budget is $20,000.

BACKGROUND:

The Heritage Fa9ade Improvement Grant Program was created by Council in 2003 as part of the City's Downtown Revitalization Strategy. The program is designed to provide financial incentives to encourage rehabilitation and enhancement of heritage buildings located in the City's downtown core, as well as promote economic growth and investment.

Fa9ade grants are available yearly on a first come, first served basis, while funding lasts. The 2010 grant program budget is $20,000. Each grant covers up to 50% of a project cost, to a maximum of $10,000 per building face fronting on a street. To date, $214,169 have been paid out under the grant program for exterior building fa9ade improvements, which has leveraged an additional $560,014.97 of private investment.

)lCouna1 CJ Cemmlttee ...... a Open Meeting rJ In{amera Meetlno Meeting Date: '2D~"6 .... (Y\A~ -"2-1... 40 Staff Report Page 2

Staffs Evaluation

Three grant applications have been submitted for review this year. These include the following:

1) E&N Railway Station (321 Selby Street) - the applicant intends to complete a major rehabilitation of the station to accommodate a new pub/restaurant use and an office/waiting room/cafe for use by VIA Rail passengers. (Estimated project cost for exterior rehabilitation and reconstruction work: $1,300,000) 2) Nash Hardware Building (19 Commercial Street) - the applicant intends to repair the building's existing stucco finish and repaint the building face on both Commercial Street and Terminal Avenue. Also proposed is retiling of the Commercial Street storefront, repair of upper floor windows, and erection of a new structural canopy replicating a previous awning from the 1940s. (Estimated project cost: $47,657.86) 3) Harris Residence (375 Franklyn Street) - although originally constructed as a residence this building has been used as a commercial space for many years. The applicant intends to repair the building's exterior wood detailing and then repaint the entire building exterior. (Estimated project cost: $10,290)

Staff has reviewed and evaluated the grant applications submitted this year and note that they satisfy all requirements and objectives of the fa9ade grant program. Consequently, staff recommends that Council approve the fa9ade grants.

Should Council approve the grants, staff recommends that the following conditions apply:

1) The fa9ade improvement project must be fully completed prior to payment of the grant. 2) The owner must agree to the placement of a Heritage Conservation Covenant on the property title for a five year term prohibiting demolition or alteration of the building, unless the City approves these actions. 3) Work must be substantially underway within 6 months of grant approval and completed within one year. 4) Work must be of good quality, meet appropriate building/fire codes or approved equivalent, comply with existing bylaws, be conducted in accordance with a valid building permit (if applicable), and pass municipal inspections. 5) Work is subject to inspection. If, during the course of the project, it is determined that the work fails to adhere to the program guidelines, then the award of the grant, in whole or in part, may be rescinded. 6) Signage crediting the City's funding will be provided and must be displayed for the duration of the project, and for a mutually agreeable period not to exceed three months after the project is completed. Grant recipients may be asked to participate in other promotional efforts as appropriate. 7) The applicant shall not involve the City of Nanaimo in any legal action between him/her and any contractors, estimators, employees, workers or agents arising from or out of the fa9ade improvement project.

Heritage Commission Recommendation

The Nash Hardware Building (19 Commercial Street) and Harris Residence (375 Franklyn Street) grant applications were reviewed by the City's Heritage Commission on 2010-Feb-03 and the following motions passed: .

41 Staff Report Page 3

"that the Nash Hardware Building receive a $7,000 Heritage Fagade Grant, subject to approval of the 2010 fagade grant budget by Council."

"that the Harris Residence receive a $3,000 Heritage Fagade Grant, subject to approval of the 2010 fagade grant budget by Council."

At its 2010-Mar-03 meeting, the Heritage Commission passed the following motion:

"that the E&N Railway Station receive a $10,000 Heritage Fagade Grant, subject to approval of the 2010 fagade grant budget by Council."

Respectfully submitted,

Bruce Anderson, Andrew Tucker, Manager, Community Planning Director, Planning Development Services Department Development Services Department

CS/rt g:\commplan\admin\2010\NCHC 2010 Fac;;ade Grant Endorsement Report.doc Council Date: 2010-MAR-22

42 2010-FEB-22 STAFF REPORT

REPORT TO: ANDREW TUCKER, DIRECTOR OF PLANNING

FROM: BRUCE ANDERSON, MANAGER OF COMMUNITY PLANNING

RE: HOUSING AGREEMENT WITH SALISH LELUM HOUSING SOCIETY

STAFF'S RECOMMENDATION:

That Council receive the report pertaining to a Housing Agreement with the Salish Lelum Housing Society in respect of an 18-unit affordable housing project for Aboriginal youth and elders at 477 Tenth Street in Nanaimo, which is presented under the Bylaw section of tonight's agenda.

EXECUTIVE SUMMARY:

On 2010-JAN-11, Council approved payment in full of development cost charges for the Tillicum Lelum affordable housing project on Tenth Street. In order to process the payment, Bylaw No. 7082 requires that a Housing Agreement be "registered against the title to the land on which the development is located".

The enabling legislation for Housing Agreements, Section 905 of the Local Government Act, 1996, requires that housing agreements be adopted by bylaw. The Housing Agreement is attached as Schedule A.

BACKGROUND:

The Tillicum Lelum Aboriginal Friendship Society has created a separate non-profit society, the Salish Lelum Housing Society, which will hold title to the land on which the above-referenced affordable housing project is being built. This was done at the behest of the Provincial and Federal Governments, who are providing the capital and operational funding for the project. The Housing Agreement will ensure that the development remains affordable housing in perpetuity.

The property at 477 Tenth Street was rezoned by Council on 2009-0CT-05, and on 2010-JAN-11 Council authorized provision of relief for the entirety of the development cost charges associated with the affordable housing development. It is required that the Salish Lelum Housing Society enter into a housing agreement with the City in order to process the payment.

Respectfully submitted,

-Ca,r: Bruce~ Anderson, Manager of Community Planning Director of Planning Development Services Department Development Services Department

JH/ch g:\commplan\admin\tillicum lelum housing agreement Council Date: 2010-MAR-22

;t:1 CCMlno1 ed Sw\iliey. General Manager .s Committee. __ Oe lo~ent Services Department ~ Open Meeting [J In-Camera Meeting ~ Date: "",-20.;..,;\:,.=.0_-___ 43 SCHEDULE A

HOUSING AGREEMENT

THIS AGREEMENT made this day of ,2010

BETWEEN: CITY OF NANAIMO 455 Wallace Street Nanaimo, BC V9R 5J6

(the "City") OF THE FIRST PART

AND: SALISH LELUM HOUSING SOCIETY 774-B Centre Street Nanaimo, BC V9R4Z6 [Registration No. forthcoming]

(the "Owner") OF THE SECOND PART

WHEREAS:

A. The City may, by agreement under section 905 of the Local Government Act, enter into a housing agreement with an owner regarding the occupancy of the housing units identified in the agreement, including but not limited to terms and conditions referred to in section 905(2) of the Local Government Act,

B. The Owner is the registered owner in fee-simple of the lands described as:

PID: 009-762-779 That Part of Section 1, Nanaimo District, shown outlined in red on Plan 1006R, except Part in Plan VIP60488.

(the "Parent Parcel");

C. The Owner wishes to develop an affordable housing project with 18 units (dwelling units, sleeping units or combination) intended for occupancy by tenants (the "Housing Units") on that part of the Parent Parcel comprising 2,042 square metres, more or less, shown as the proposed Lot 1 on the Tentative Plan of Proposed Subdivision prepared by J.E. Anderson & Associates, a reduced copy of which is attach to this Agreement as Schedule "A" (the "Lands").

44 - 2-

D. The City wishes to enter into this agreement (the "Agreement") to establish terms and conditions regarding the occupancy of the Housing Units identified in the Agreement and the Owner has agreed.

NOW THEREFORE THIS AGREEMENT WITNESSES that pursuant to section 905 of the Local Government Act and in consideration of the premises and covenants contained in this Agreement, the parties hereto covenant and agree with the other as follows:

1.0 INTERPRETATION

1.1 The City and the Owner agree that the definitions in the City of Nanaimo's Zoning Bylaw 1993 No. 4000, as amended from time to time, apply to the interpretation of the terms in this Agreement.

2.0 OCCUPANCY OF HOUSING UNITS

2.1 The Owner covenants and agrees with the City that a minimum of seven (7) of the Housing Units be occupied by persons who have an income that is equal to or less than the Housing Income Limit (HIL) as established by Canada Mortgage and Housing Corporation ("CMHC") (or BC Housing) from time to time for Nanaimo.

2.2 Should HIL's no longer be produced by CMHC or BC Housing, then the income level applicable to section 2.1 shall be determined by reference to the most recently available HIL figures for Nanaimo plus an annual adjustment no less than the Cost of Living Allowance ("COLA") prepared by Statistics Canada. If necessary for this calculation, the 2010 HIL figures for Nanaimo are as follows:

Bachelor $21,000 1 Bedroom $26,500 2 Bedroom $33,000 3 Bedroom $37,500 4 Bedroom $40,500

3.0 ANNUAL REPORT

3.1 The Owner further covenants and agrees that during the term of this Agreement, it will, commencing on the first anniversary of the date an occupancy permit is issued for the building on the Lands, and on that anniversary date annually thereafter, provide to the City's General Manager of Development Services a report in writing confirming:

(a) that the Housing Units continue to be occupied as required under this Agreement;

(b) identification by suite number of the Housing Units that are being rented to tenants who qualify under Part 2 of this Agreement; and

(c) the total number of tenants of the Housing Units and the total number of tenants who qualify under Part 2 of this Agreement.

45 - 3-

4.0 BINDING EFFECT

4.1 This agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors, administrators and permitted assignees.

5.0 ENFORCEMENT AND WAIVER

5.1 Nothing contained or implied herein shall prejudice or affect the rights and powers of the City in the exercise of its functions under any public or private statutes, bylaws, orders and regulations, all of which may be fully and effectively exercised in relation to the Lands as if this Agreement had not been executed and delivered by the Owner. The waiver by a party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Agreement shall not be construed as a waiver of any future or continuing failure, whether similar or dissimilar.

5.2 The parties agree that the City is not obligated to inspect the Lands or to otherwise ensure compliance with this Agreement, nor is the City obligated to remedy any default of this Agreement. A failure by the City to enforce this Agreement shall not constitute a waiver of any of the City's rights hereunder.

5.3 No remedy under this Agreement is deemed to be exclusive but will, where possible, be cumulative with all other remedies available at law or in equity.

5.4 The Owner covenants and agrees that, in addition to any remedies that are available under this Agreement or at law, the City is entitled to all equitable remedies, including specific performance, injunction and declarative relief to enforce its rights under this Agreement. The Owner acknowledges that specific performance, injunctive relief (mandatory or otherwise) or other equitable relief may be the only adequate remedy for a default by the Owner under this Agreement.

6.0 NOTICE TO BE REGISTERED IN LAND TITLE OFFICE

6.1 Notice of this Agreement shall be registered in the Land Title Act by the City at the cost of the Owner in accordance with section 905 of the Local Government Act, and this Agreement shall be binding on all persons who acquire an interest in the Land after registration of this notice.

7.0 TERMINOLOGY

7.1 Wherever the singular, masculine or neuter are used throughout this Agreement, the same shall be construed as meaning the plural or the feminine or the body corporate or politic as the context requires.

46 - 4-

8.0 BC LAWS GOVERN

8.1 This Agreement shall be construed in accordance with and governed by the laws applicable in the Province of British Columbia.

EXECUTED BY THE CITY at , British Columbia, this __ day of__ ___,2010.

CITY OF NANAIMO by its authorized ) signatories ) ) ) ) ) )

EXECUTED BY THE OWNER at , British Columbia, this __ day oC ___,2010.

SALISH LELUM HOUSING SOCIETY ) by its authorized signatories ) ~L ta;A;t~LJl- -.-~- ) ./.. ,,-_.- ~ -.---~- ... -.. ) ~ ~::;:--.----=-) " ... ~ .. ~ ...... ~-" ... .,.",-

47 TENTATIVE PLAN OF PROPOSED SUBDIVISION OF PART OF THAT PART OF SECTION 1, NANAIMO N DISTRICT, SHOWN OUTLINED IN RED ON PLAN 1006R EXCEPT PART IN PLAN VIP60488. Scale 1: 1000

iii iii i --- • ------• o 10 20 40 60 80 100 6.0M !OAO PED{CATlON ,",,~ TENTH STREET ~ P.OFtO p.E~eA.VE COVENI*Nr No-avll-D

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~

Approved By---"-­ cx:;roBE.R. 2'1,2.0(0 Expiry Date 2010-MAR-16 STAFF REPORT

REPORT TO: ANDREW TUCKER, DIRECTOR OF PLANNING

FROM: BRUCE ANDERSON, MANAGER OF COMMUNITY PLANNING

RE: OFFICIAL COMMUNITY PLAN AMENDMENT APPLICATION OCP56 - GREENHOUSE GAS EMISSIONS REDUCTION TARGETS

PNAC'S RECOMMENDATION:

That Council consider approving OCP56 to include greenhouse gas emissions reduction targets within the City of Nanaimo "OFFICIAL COMMUNITY PLAN BYLAW 2008 NO. 6500."

STAFF'S RECOMMENDATION:

That Council consider giving First and Second Reading to "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2010 NO. 6500.010".

EXECUTIVE SUMMARY:

To meet the greenhouse gas reduction targets established by the Province, the City of Nanaimo proposes to amend Section 5.1 of the Official Community Plan (OCP) to include a long-term greenhouse gas (GHG) emissions reduction target of 80% below 2007 GHG levels by 2050, and a medium-term target of 33% below 2007 GHG levels by 2020. A community sustainability action plan will be developed that will identify specific actions that the community will pursue to implement the GHG emissions reduction targets.

BACKGROUND:

In 2002, the City of Nanaimo joined the Federation of Canadian Municipalities (FCM) "Partners for Climate Protection" Program (PCP). The PCP program is used by municipalities to undertake initiatives that reduce energy use and greenhouse gas emissions on a local government level. The PCP program encourages local governments to complete GHG reduction plans on both a corporate level (Le. civic buildings, vehicle fleets) and a community level (Le. residential! commercial buildings, transportation).

In 2007, the City established a corporate climate change plan that set a GHG emissions reduction target for the City's corporate operations. The plan lays out a number of initiatives that include building new civic buildings to LEED gold standards and conducting building I lighting retrofit projects that improve energy efficiency and lower GHG emissions.

The City has also signed onto the UBCM "Climate Action Charter". The Charter voluntarily commits local governments across the province to work together to lower emissions corporately and to become "carbon neutral" in their operations by 2012. Carbon neutrality involves measuring GHG emissions that come from government operations such as buildings and fleet vehicles and then reducing those emissions to net zero. Governments achieve carbon neutrality by reducing emissions where possible and by supporting projects that reduce emissions equivalent to our remaining emissions by investing in offsets.

;g ~:~:ttet ...... ~Open Meeting [J In-{amera Meeti'!9 49 MeetIng Da.te; Z~ IQ - Ma~ -72- Staff Report Page 2

Much of the attention on the issue of climate change emerged as a result of the 2007 report from the United Nations Intergovernmental Panel on Climate Change (IPCC) that confirmed ongoing global climate change was tied to human development activity. The IPCC recommended that in order to stabilize concentrations of GHGs in the atmosphere, governments around the world would need to work toward limiting GHG emissions to a point where global average temperatures would· not increase beyond 2°C over the next century. Keeping the average global temperature increase to 2°C is significant in order to minimize the long-term impacts that would negatively affect all life on the planet (Bernstein, Lenny et al. 2007. Climate Change 2007: Synthesis Report and Summary for Policymakers Intergovernmental Panel on Climate Change. United Nations).

In response to the IPCC conclusions, the Province has taken a number of legislative actions, including passing the Local Government (Green Communities) Statutes Amendment Act (Bill 27), and the Greenhouse Gas Reductions Target Act (Bill 44).

As a way of demonstrating leadership, the Province, under Bill 44, is requiring all public sector organizations (PSO) to become carbon neutral by 2010. PSOs include provincial ministries, heath authorities and school districts in the province. In addition, GHG reductions targets are set for PSOs at:

• In 2020, and for each subsequent year, BC's GHG emissions will be at least 33% less than the level of those emissions in 2007. • In 2050, and for each subsequent year, BC's GHG emissions will be at least 80% less than the level of those emissions in 2007.

In addition, the Province, under Bill 27, requires local governments to set GHG reduction targets in official community plans by May 2010; and in Regional Growth Strategies by May 2011. Within the Local Government Act (Part 26, section 877), Bill 27 has amended the Act to include the following:

"An official community plan must include targets for the reduction of greenhouse gas emissions in the area covered by the plan, and policies and actions for the local government proposed with respect to achieving those targets (by May 31, 2010)."

DISCUSSION:

In collaboration with the Regional District of Nanaimo, the City will match the provincial emission reduction targets of 33% below 2007 GHG levels by 2020, and 80% below 2007 GHG levels by 2050, and amend the OCP to include these targets along with supporting policies. In addition, a sustainability action plan will be developed that will contain the actions to work toward in meeting the GHG reduction targets in the community.

How planNanaimo currently addresses Climate Change

While the City is required to set a GHG emissions reduction target, the City is already well positioned to address the issue. planNanaimo includes a number of measures the City is prepared to take action on in the coming years, as follows:

50 Staff Report Page 3

• Vision and Guiding Principle (Sustainability as the guiding principle): The recognition that for Nanaimo to be sustainable, it must offer residences close to employment, shops, schools, and recreation so that single vehicle dependent travel does not have to be the only option to commute. Increasing housing density also works to make transit and other forms of transportation more affordable and more convenient for users.

• Goal 1 - Managing Urban Growth: Focusing urban development within a defined Urban Containment Boundary (UCB) is a primary tool to focus growth and protect agricultural and environmentally sensitive lands.

• Goal 2 - Build a more Sustainable Community: Reaching higher density levels in Nanaimo will be targeted toward the urban nodes and corridors identified in the OCP. These areas will provide the higher levels of servicing and amenities that will help support greater alternate transportation options and lower GHG emissions, over the long-term.

• Goal 3 - Social Enrichment: A key component addresses food security which encourages more opportunity and choice for locally grown food in the community. By having significant sources of locally grown food, there is less reliance on food transported from great distances that could be grown here otherwise. This has a significant impact on GHG emissions.

• Goal 4 - Promoting a Thriving Economy: Taking advantage of new business opportunities for a "green" economy that includes green energy generation based on renewable energy to substitute fossil fuels and promoting energy conservation for efficient energy use. The eventual goal is to create jobs, ensure real economic growth and prevent environmental pollution, degradation, and GHG emissions.

• Goal 5 - Protect and Enhance our Environment: By looking after and enhancing Nanaimo's natural diversity; found throughout the City in our Douglas-fir forests, Garry oak meadows, watercourses and wetlands; we ensure we are more resilient and better prepared for the coming changes that will affect our landscape with a warming climate.

Section 5.1 of Goal 5 deals with energy and emissions management, which is specific to reducing greenhouse gas emissions. The greenhouse gas reduction targets required by Provincial legislation will be included in this section (see Schedule A). New and existing policies also encourage, for example, greater energy efficiency in the planning, building design and construction of neighbourhoods and buildings; as well as development of a sustainability checklist.

• Goal 6: Improve Mobility and Servicing: Creating greater accessibility and more opportunity for safe and convenient travel around the City by transit, bike, and on foot will have the greatest impact on the level of GHG emissions for Nanaimo. Rethinking our water and sewer services in a manner that utilizes opportunities to forestall new expansions and by using the existing systems as efficiently as possible will play an important, immediate role. Over the long-term, seeking opportunities to recapture waste heat, energy and reuse of water, where feasible, offer great potential for the future in increasing our overall energy efficiency and lowering our emissions levels.

51 Staff Report Page 4

Taking Action on Climate Change

The City has taken the initiative and made some corporate policy changes in how City buildings are constructed and how the vehicle fleet is managed in a way that demonstrates the City's commitment toward reducing emissions. By taking these actions, the corporation also hopes to act as a catalyst and build some capacity in the community for residents, businesses and institutions to find solutions in managing emissions effectively. Information on energy management and reducing GHG emissions is currently available to the public on the City's sustainability website, but much more needs to be done to raise awareness. Greater public education and awareness will be needed to establish cooperation and partnerships with key community partners, which, in the long-run, will create momentum in addressing climate action.

The key long-term goals for a community GHG reduction strategy will include:

• reducing fossil fuel energy consumption and shifting to renewable energy sources; • reducing potable water usage and managing waste water efficiently; • managing solid waste and reducing resource use intensity; • reducing impacts on ecological systems and biodiversity and enhancing these systems where possible; • supporting and promoting a more sustainable food system through economic development support; and • striving to provide healthy options for staff and visitors to City facilities.

In developing an action plan that meets these long-term goals, the City of Nanaimo will need to work with community groups, businesses, institutions and other jurisdictions in taking collective action, over time. The City will need to help remove barriers as they arise and showcase some of the corporate programs that have been initiated so that the community can learn from these initiatives.

Taking a Regional Approach

While there are limitations to what local government can do within their range of powers, there are areas where local government can encourage and assist the community to reduce GHGs. It will be important to coordinate all actions within a regional framework. The RON is currently working toward completing a regional community energy and emissions plan, which will provide regional targets and a selection of actions that member local governments can select from.

City staff has been meeting regularly with the Regional District of Nanaimo in setting GHG targets and in identifying emissions reductions measures that could be implemented on a regional level. Sharing resources and opportunities to offset emissions makes sense, especially when recognizing that the responsibility for some of the solutions (Le. transit and transportation) will require regional cooperation to implement in any case.

At this stage, the Regional District is looking at a two-phase approach. The first phase will involve setting an emissions target for the Region and the second phase will involve developing a "menu" of emissions reduction measures that are ultimately needed to meet the long-term reductions target. The City, being closer to its May 2010 deadline to set a target, has decided in consultation with the Regional District, to follow the Provincial reduction targets set in Bill 44.

52 Staff Report Page 5

The City will also proceed with developing an action plan that will identify measures dealing with transportation, land use, buildings, energy generation and solid waste.

In collaboration with the Regional District, the City will match the provincial emission reduction targets of 33% below 2007 GHG levels by 2020, and 80% below 2007 GHG levels by 2050, and amend the OCP to include these targets, along with supporting policies.

planNanaimo Advisory Committee

The GHG target policy has been presented to the planNanaimo Advisory Committee (PNAC) for comment at three separate meetings, 2010-JAN-19, 2010-FEB-16 and 2010-MAR-16. At these meetings, PNAC was advised of the proposed targets, development of the relevant action plans, and the City's liaison with the RON and their energy plan. PNAC representatives have been supportive of the proposed targets, providing input on the various aspects of the proposed policy.

Respectfully submitted, ~------~ w: ~Bruce Anderson, Manager of Community Planning Director of Planning Development Services Department Developm nt Services Department

dj p:\prospero\planning\ocp\ocp00056\council report.docx Council: 2010-MAR-22

53 Staff Report Page 6

SCHEDULE A Proposed Amended OCP, Section 5.1 (Energy and Emissions Management) To Include Greenhouse Gas Emissions Targets

5.1 Energy and Emissions Management

Most Canadians have become aware of the terms "global warming~ and "climate change" which describes the phenomena of changes to the earth's climate and a general rise in temperatures as human activities increase the amount of greenhouse gases (GHG) that are released into the atmosphere.

Local governments across British Columbia have begun the process of recognizing and addressing the issue of Climate Change in significant ways. The City of Nanaimo has established a framework, based on the Federation of Canadian Municipalities "Partners for Climate Protection" program, to track and reduce greenhouse gas emissions for its corporate buildings and vehicle fleet. The City has also signed onto the provincial Climate Action Charter, which has placed the corporation on a path to become "carbon neutral" in its operations by 2012. In addition, through the requirements of the Local Government (Green Communities) Statutes Amendment Act (Bill 27), all local governments are required to include community-wide GHG emissions reduction targets within their OCPs.

Over the coming years, a significant part of the work to reduce GHG emissions will be met on the regional and municipal level. Meeting our emissions reduction targets will be addressed through a variety of long and short­ term actions. Taking action at the municipal level has been recognized as crucial by both the Federal and Provincial government in meeting provincial and national GHG stabilization and reduction goals.

In fulfilling our commitment to reduce GHG emissions, the City has set targets for GHG reductions to be achieved by 2050 and will develop a ·Sustainability Action Plan", which will identify specific sustainability actions the City will take as it implements the target GHG reductions in the OCP. These actions will be reviewed every 5 years and will be tracked through a set of performance measures to assess progress, including meeting the community GHG reduction targets. Meeting our targets can only be achieved through the actions taken by everyone in the community. This includes working at a regional level with the Regional District of Nanaimo through its Community Energy and Emissions Plan (CEEP).

As part of its next step, the City will: encourage the planning, design and construction of energy-efficient neighbourhoods and buildings in order to help minimize the use of non-renewable energy; promote the use of clean and efficient on-site energy supply systems; and promote investment in energy efficient design features for sites and buildings, as part of the City's efforts to develop a compact and complete urban form.

Objectives

To reduce greenhouse gas emissions. Establish a target for reduction of GHG emissions as part of a commitment to minimizing our climate change impact.

To encourage energy efficiency. Through the planning, design and construction of energy-efficient neighbourhoods and buildings.

To reduce energy consumption and reduce local pollution. Improve community liveability and air quality by reducing local sources of pollution through reducing energy consumption and increasing the use of cleaner energy alternatives.

To foster the development of new energy supply options.

54 Staff Report Page 7

Policies

1 Greenhouse Gas Emission Reduction Target The City of Nanaimo will work to reduce emissions by 33% below 2007 emissions levels by the year 2020. Over the long-term, the City will continue to work toward reducing emissions by 80% of 2007 emissions levels by the year 2050, A ·Sustainability Action Plan" will be developed to identify sustainability actions to achieve the City targets for GHG emission reduction.

2 The City of Nanaimo shall encourage greater energy efficiency in the planning, design, and construction of neighbourhoods and buildings by developing a strategy that focuses on both new and existing. built stock, and which encourages and / or requires the planning, design and construction of energy-efficient neighbourhoods and buildings.

3 Developing a sustainability ·checklist" for use during rezonings and as part of the development permit process. The checklist should cover environmental, social and economic priorities of the community and assess proposals from a sustainable development perspective. The checklist is intended to direct builders to think about a range of sustainable building issues including:

- The use of an integrated design team approach as part of the development process. - Building sites (setting environmental goals - incorporating Leadership in Energy and Environmental Design (LEED) Green Building Rating System™ or equivalents where possible; preserving and encouraging biodiversity, protecting vegetation, watercourse and wildlife habitat, recharging and protecting groundwater; incorporating alternative rainwater controls and flows offsite; encouraging alternative transportation use; reusing topsoil; optimizing renewable or alternative energy; moderating urban heat island effect; facilitating composting and recycling). - Construction and design (reducing water use; reducing or eliminating pesticide use; reducing energy use; providing daylighting and views; salvaging from existing structures; reusing construction and demolition waste). - Building durability and design (designing for durability; making efficient and responsible use of materials; using sustainable wood sources; minimizing pollutants).

4 Developing comprehensive parking plans to reduce the impact of vehicles and to encourage transit, pedestrian and cycle use. Parking plans should address: areas such as parking supply ratios, parking prices, a shared use of parking among mixed use developments, parking location and design, connections to cycle and pedestrian networks, and trip reduction initiatives.

5 Supporting the development of innovative green spaces such as green roofs and landscape designs that will reduce the urban heat island effect and contribute toward the City's Urban Forest goals.

6 Encouraging the development of alternative energy supply options.

7 Encouraging multi-use buildings to take advantage of waste heat utilization and to share energy needs.

8 While incorporating Crime Prevention Through Environmental Design (CPTED) principles, encouraging landscaping which can buffer buildings from wind and sun and which help reduce heating and cooling needs.

9 Encouraging building design and features (i.e., windows) which reduce energy needs, including the use of local or recycled construction materials, and the installation of water efficient appliances.

10 In Industrial areas, support businesses in developing an eco-industrial network to build efficiencies in energy, resource use, and waste management.

55 2010-MAR-15 STAFF REPORT

REPORT TO: ANDREW TUCKER, DIRECTOR OF PLANNING

FROM: BRUCE ANDERSON, MANAGER OF COMMUNITY PLANNING

RE: OFFICIAL COMMUNITY PLAN GENERAL AMENDMENTS

PNAC'S RECOMMENDATION:

That Council consider approving the proposed general amendments to the City of Nanaimo "OFFICIAL COMMUNITY PLAN BYLAW 2008 NO. 6500."

STAFF'S RECOMMENDATION:

That Council consider giving First and Second Reading to "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2010 NO. 6500.011".

EXECUTIVE SUMMARY:

The City of Nanaimo "OFFICIAL COMMUNITY PLAN BYLAW 2008 NO. 6500" was adopted by Council in September 2008. Historically, Council has recognized that the Official Community Plan (OCP) bylaw is subject to revisions brought about by changing circumstances and public needs. Periodic general amendments are therefore required to maintain the effectiveness and accuracy of the OCP. Proposed changes addressed in this report include both text and map amendments.

BACKGROUND:

At its meetings of 2010-MAR-16, PNAC made its recommendation on the two proposed amendments noted below, and in both cases recommended that the proposal be approved.

Text Amendment

:AtnendmenrN6:i·.· "":;." . ". ", ...... Proposal: Update Implementation Strategy to reflect completion of the South Nanaimo Urban Node plan (Sandstone Master Plan). Rationale: Section 7.8 of the OCP identifies a range of measures to be implemented within a specified time period. The above-noted item has been completed and the Implementation Strategy would show a completion date as: South Nanaimo Urban Node Plan Completed 2009

Map Amendment

Amendment No.2 Proposal: Redesignate property at 4050 Morningside Drive from Neighbourhood to Parks and Open Space. Rationale: This amendment is intended to reflect the 2009 acquisition of parkland at 4050 Morningside Drive, adjacent to Neck Point Park, as shown on Schedule A. ~ouncll C (emmittee .. --._ .... .ll'Open Meeting , a In-Camera Meetill

Respectfully submitted, n.£f ~ ~' Manager of Community Planning Development Services Department

dj p:\prospero\planning\ocp\ocp00057\council reporldoc Council: 2010-MAR-22

57 Staff Report Page 3

Schedule A Parks and Open Space Designation - 4050 Morningside Drive

58 2010-Mar-11 STAFF REPORT

REPORT TO: ANDREW TUCKER, DIRECTOR OF PLANNING

FROM: BRUCE ANDERSON, MANAGER, COMMUNITY PLANNING

RE: UBCM SENIORS' HOUSING & SUPPORT INITIATIVE

STAFF'S RECOMMENDATION:

That Council endorse the attached application from the City of Nanaimo to the UBCM Seniors' Housing & Support Initiative (SHSI) for the development of a community garden targeting seniors in the city centre.

EXECUTIVE SUMMARY:

Staff is recommending that the City apply for a $20,000 grant from SHSI to support the development of a community garden targeting seniors in the city centre.

One hundred percent of the estimated $20,000 project costs are being applied for through SHSI. Ongoing project support will be provided by local partners.

BACKGROUND:

Launched in 2004, the Seniors' Housing & Support Initiative (SHSI) was created through a one­ time $2 Million grant from the (now) Ministry of Community & Rural Development to assist local governments to prepare for an aging population. In 2007, the (now) Ministry of Healthy Living & Sport provided a $0.5 Million grant to further support the initiative and to incorporate a focus on age-friendly projects.

Grants of up to $20,000 are available to support community planning initiatives and community projects focused on age-friendly communities and the ability of seniors to age in place.

The project involves the development of a community garden in close proximity to 40 units of supportive housing, to be constructed by the Canadian Mental Health Association (CMHA) in the city centre. The tenants in that complex, as well as other community members of all ages, will be actively involved with the garden. Discussions on the site for the garden are ongoing with the Parks, Recreation and Culture department, as well as with non profit and government partners. The output from the garden would be channeled into the meal services at those residences, as well as to the local food bank.

The project is innovative in that it addresses several key issues simultaneously: • It provides for an active lifestyle for seniors through gardening. • It engages seniors actively in the community, providing opportunities to be part of a social network consisting of other local seniors and residents. • It supports urban renewal in the city centre. • It enhances food security and access to fresh, locally grown produce.

)Zt Council [J (emmittet._ Ja-Open Meeting 59 a In-Camera Meeti~ Meeting Date: M\ - WVJd1t -'7~ Staff Report -2-

Project partners include: VIHA, CMHA, School District #68, BC Housing, Community Gardens Society, Loaves and Fishes Food Bank Society, and Heritage Food Services Cooperative Association.

Total project costs are estimated to be $20,000. One hundred percent of funding is being sought from SHSI.

Ongoing project support will be supplied by project partners. Distribution of the food will be supported by several of the partners referenced above, and support to the project will be ongoing in partnership with food related social agencies in Nanaimo.

Respectfully submitted,

Andrew Tucker, Manager of Community Planning Director of Planning Development Services Department Development Services Department

JH\ch g:\commplan\admin\UBCM Srs Support Initiative Council Date: 2010-Mar-22

60 UBCM Seniors' Housing & Support Initiative E-mail: [email protected] ~~COLUMBIA 1 MUNICIPALITIES Mail: 525 Government Street, Victoria, BC, V8V OA8 \ Fax: (250) 356-5119 ~~ ~------2010 Age-friendly Community Planning & Project Grants APPLICATION FORM

The completed Application Form, with all required attachments, is due March 12, 2010. Please type directly in this form or print and complete. Use additional space or pages wherever required. Questions? Contact Local Government Program Services at [email protected] or (250) 356-5134.

Local Government Applicant Information

Local Government: City of Nanaimo Mailing Address: 455 Wallace Street, Nanaimo BC, V9R 5J6

Contact person: John Horn Position: Social Planner

Phone: 250-755-4483 E-mail: [email protected]

Other Contact

Contact person: Christina Martens Position: Executive Director

Organization: Canadian Mental Health Mailing Address: 1045A Terminal Avenue N, Association - Mid island Branch Nanaimo, BC V9S 4K3

Phone: 250-244-4042 E-mail: [email protected]

1. PROPOSED FOCUS AREA(S) [8J Outdoor spaces & buildings D Social participation D Transportation (including traffic safety) D Communication & information D Housing D Civic participation & employment D Respect & inclusion D Community support & health services

2010 Seniors' Housing & Support Initiative - Application Form Page 1/3 61 2. TYPE OR PROJECT. Please indicate what type of project you are proposing: D Community Planning [g] Community Project

3. DESCRIPTION OF PROPOSED ACTIVITIES. Please describe the specific activities you plan to undertake. The project involves the development of a community garden in the city centre in an area in close proximity to a number of seniors oriented residences. The output from the garden would be channelled into the meal services at those residences as well as to the local food bank. The garden would be supported by the Canadian Mental Health Association, who are constructing a 40 unit affordable housing complex for single adults next door. Staff and residents would participate in the community garden as well as local seniors

4. AGE-FRIENDLY COMMUNITIES IMPLEMENTATION TEAM. Please indicate if you would like the support of the team for your project. If yes, please describe how the team could best support your activities. SUPPORT FROM THE IMPLEMENTATION TEAM PROBABLY ISN'T REQUIRED

S. OBJECTIVES. What do you hope the project will achieve? TO ENGAGE LOCAL SENIORS IN ACTIVE LIVING THROUGH GARDENING. TO ENGAGE LOCAL SENIORS IN PROVIDING SUPPORT TO MEET FOOD SECURITY NEEDS IN THE COMMUNITY. TO PROVIDE TO LOCAL SENIORS AN OPPORTUNITY TO BE PART OF A SOCIAL NETWORK CONSISTING OF OTHER SENIORS FROM THE AREA AND A RANGE OF AGES WHO WOULD ALSO CONTRIBUTE. TO SUPPORT SENIORS IN HAVING ACCESS TO FRESH, LOCALLY GROWN PRODUCE.

6. COMMUNITY PARTNERS. Please list all proposed and confirmed partners (e.g. health authority, community organization, First Nation, other local government, etc.). THE LOCAL HEALTH AUTHORITY (VIHA) CITY OF NANAIMO, SCHOOL DISTRICT #68, CANADIAN MENTAL HEALTH ASSSOCIATION, BC HOUSING, COMMUNITY GARDENS SOCIETY, LOAVES AND FISHES FOOD BANK SOCIETY, HERITAGE FOOD SERVICES COOPERATIVE ASSOCIATION.

7. INTENDED OUTCOMES & DELIVERABLES OUTCOMES WOULD BE INCREASED PHYSICAL ACTIVITY IN THE TARGET POPULATION, INCREASED SOCIAL INTERACTION, ENAGEMENT IN COMMUNITY SERVICES AND POVERTY REDUCTION STRATEGIES, PRODUCTION OF LOCAL FOOD, MODELLING OF AN URBAN GARDEN PROJECT AND SUPPORTING URBAN RENEWAL IN THE CITY CENTRE. DELIVERABLES WOULD BE A LARGE URBAN GARDEN PRODUCING VEGETABLES AND FRUIT, ENAGEMENT OF A MINIMUM OF TWENTY SENIORS ON AN ONGOING BASIS AND INCREASED COHESION OF THE LOCAL NIEGHBOURHOOD.

2010 Seniors' Housing & Support Initiative - Application Form Page 2/3 62 8. EVALUATION. What tools will be used to evaluate the project and how will this information be used? THE EVALUATION WILL CONSIST OF TRACKING THE NUMBER OF CONTRIBUTION HOURS BY THE SENIORS, THE AMOUNT OF PRODUCE PRODUCED, THE AMOUNT OF PRODUCE PROVIDED TO THE LOCAL FOOD BANK AND THE MONETARY VALUE OF THAT, THE AMOUNT OF PRODUCE CONSUMED BY THE PARTICIPANTS.

9. DEMONSTRATION OF PROMISING PRACTICES. How is the project innovative? What lessons will it provide to other local governments? The project is innovative in that it address's several key issues simultaneously; provides for an active lifestyle for seniors, contributes to urban regeneration efforts, engages seniors actively in the community, enhances food security, contributes to local production of food etc.

10. SUSTAINABILITY. Will the project be sustained after the funding? If yes, how? Yes; a key partner is the Canadian Mental Health Association who will be constructing 40 units of housing next to the site of the garden, the tenants in that complex will be actively involved with the garden, power and water will be supplied from the complex, distribution of the food will be supported by several of the partners referenced above, and support to the project will be ongoing in partnership with food related social agencies in Nanaimo.

11. ADDITIONAL COMMENTS. Please use this space to add any additional comments. THERE IS CURRENTLY ONLY ONE COMMUNITY GARDEN IN THE CITY CENTRE, A SMALL DEMONSTRATION PROJECT ON THE LAWN OF CITY HALL. CONSIDERABLE INTEREST HAS BEEN EXPRESSED BY RESIDENTS FOR AN EXPANSION OF THAT PROJECT AND FOR THE IDEA OF URBAN AGRICULTURE IN GENERAL.

12. REQUIRED ATTACHMENTS. Please submit the following with your application: o Council/Board Resolution [gI Detailed budget

Please send completed Application Form and all required attachments as an e-mail attachment to Local Government Program Services at [email protected]. If you submit by e-mail, hardcoDies and/or additional copies of the application are not required.

Please submit your application as either a WORD or PDF file{s) and note "2010 SHSI" in the subject line.

2010 Seniors' Housing & Support Initiative - Application Form Page 3/3 63 2010-MAR-16 STAFF REPORT

TO: E.C. SWABEY, GENERAL MANAGER, DEVELOPMENT SERVICES

FROM: S. MACK, DEVELOPMENT APPROVALS MANAGER, DSD

RE: SUBDIVISION APPROVAL - CASH-IN-LlEU OF PARK DEDICATION 5650 HAMMOND BAY ROAD (SUB00802)

STAFF'S RECOMMENDATION:

That Council approve the acceptance of a cash-in-lieu contribution instead of parkland dedication for the subdivision of lands as described below:

Legal Address: Lot A, District Lot 40, Wellington District, Plan 29333, except part in Plan 32282. Civic Address: 5650 Hammond Bay Road

EXECUTIVE SUMMARY:

The City's Approving Officer coordinates the review of subdivision applications to ensure that all statutory requirements, City bylaws, plans and policies are addressed and adequately considered prior to Final Approval.

As part of this review process, the Parks, Recreation & Culture Department makes recommendations with respect to whether the City should acquire dedication of land for park or accept a cash-in-lieu contribution, or a combination of the two options for all applications in which dedication requirements are triggered.

The proposed subdivision at 5650 Hammond Bay Road consists of 10 single family lots zoned RS-1 (Single Family Residential Zone).

The property is in close proximity to two existing neighbourhood parks located at 5651 Norasea· Road and 291 Rovere Place. In addition, dedication of the statutory requirement of 5% of the 2 parent parcel (approximately 446 m ) would yield a park area generally considered too small to be functional. Accordingly, the acceptance of cash-in-lieu rather than parkland dedication is recommended with the approval of the subdivision as presented in the attached concept plan (Schedule "B").

BACKGROUND:

Section 941 of the Local Government Act allows the City to authorize an owner to either dedicate land to the municipality (without compensation) for park purposes, or pay the cash-in­ lieu equivalent (or a combination of both) for any subdivision where the following criteria apply:

a) the subdivision would result in 3 or more additional lots being created; and b) the smallest lot being created is less than 2 hectares; or .l!'Coondl OC . ~;~:g"""""" CJ In-Camera Meeting 64 MeetIng Date: J.Q1Q-~-W - Page 2-

c) a subdivision creating fewer than 3 or more lots where the parcel proposed to be subdivided was itself created by subdivision within the past 5 years.

Section 941 provides for a dedication of parkland based on 5% of the original area of the parent parcel being subdivided. In those cases when the City does not wish to obtain parkland, subject to Council approval, the owner is obligated to provide cash in an amount equal to 5% of the appraised pre-development value of the lands being subdivided. These funds are then placed in a reserve to be used by the City for future acquisition of parks.

Respectfully Submitted,

T. Seward Development Approvals Manager Director of Development DEVELOPMENT SERVICES DEPARTMENT DEVELOPMENT SERVICES DEPARTMENT

KS/lr COUNCIL: 2010-MAR-22 Prospero: SUB00802

65 SCHEDULE A

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Location Plan File: SUB00802 Civic: 5650 Hammond Bay Road

66 SCHEDULE "8" I',..----~ -~~.""""~---"-- LOT DESCRIPTION fir'''' !Wl1/.;j1 £ffI 'l'!"1::r. ' 1J~'"., ;".", .~ III~.'J.> "'.~<~, iI!II li~ iiw """'"~<" i~" 11fii ·THE REMAINDER OF LOT A, PLAN 29333 '11.\ ~,.... "<\,J)fII."", ~ i!:;.'V/ '~"",'". ,),!i_ DISTRICT LOT 40, WELLINGTON DISTRICT, 2 ", ·5650 HAMMOND BAY ROAD, ·LOT AREA· 8,940 m: (2.2 acres) ·ZONING: RS1 :S;Cil1f:C 1~)D8"<':Y:'~D8 2lJfJ!3 ;' 4 3 (J'i' Y u;-;; ;\!/:\r~i;.. flV'~ PLAN I O!EViCl..oprVlC}.iT src:R:\tICI2S VIP8S638 PROPOSED DEVELOPMENT L_. ,r:NG;;Vi"'r.'N'I,~l:'!::!~J'.':L._,J

• FEE SIMPLE SUBDIVISION • MINIMUM LOT SIZE 600 sq,m, • DEDICATE ROAD 653 sq.m . " 10 • 5% CASH IN LIEU OF PARK DEDICATION PLAN OCEAN VIEW TERRACE 9 .<:: NOTES ...:' zo .PARENT LOT AliGNMENTS DERIVED 28 5 6 FROM REGISTERED PLANS. PLAN VIPSS63S ·AlL DIMENSIONS AND AREAS ARE PRELIMINARY. / ·CONTOURS FROM THE CITY OF NANAIMO AERIAL MAPPING. ~ N 3 ·HOUSE TO BE RELOCATED: 27 M. OUTBUILDINGS TO ge DEMOLISHeD. PARK

, 26 , ------, , -....J , '" , REM.3 i PLAN 7728 25 \, '------FUTURE ROAO SCALE 1:750 10 20 30 40 eo

AR~*"'1oq.t\'I, ! I1..._._ """"-- .J .Al! CON SUBOMSION """"'" 23 ~cisi 'IRSll~. ~~:;;~:",.r.... FILE: SUBO036B i : PR.O.JECT: 5650 HAMMOND BAY ROAD LOTI LOT 1 '. 10 3 PLAN 32220 PLAN 32282 ..uU;).... l~Sq...... ' CLIENT: BROAD COMMERCIAL MANAGEMENT INC, '" '" ";.',~. LOTA Oft ... wttO, PROPOSED SUBDIVISION PLAN PlAN 26105 CEO. 7, 2009 '. '- .-.(t.;.eJ ~AJ.(: 1:150 ...... OR ...... : DH VVILLIAMSON & ASSOCIATES HAMMOND BAY PR.OFESSIONAL SURVEYORS ROAD 30M BARONS ROAD HAHAIIoIO S.c. Y9T 48& FlU:: 08228-6 PHON£: (2$O)7$8-772)'... CSllIt£(250) 7f.4-n24 tliAlt.: WolPSOT!L.U$,N(T SIolE£1: 10F1 2010-Mar-15 STAFF REPORT

TO ANDREW TUCKER, DIRECTOR OF PLANNING

FROM RANDY CHURCHILL, MANAGER OF BYLAW, REGULATION AND SECURITY

RE: PROPERTY MAINTENANCE BYLAW 1990 NO. 3704

PROPERTY: 830 Beaufort Drive LEGAL: Lot 3, Block 1, District Lot 97G, Plan 1712 OWNER: David Mario Negrin 830 Beaufort Drive Nanaimo, BC V9S 2C7

STAFF'S RECOMMENDATION:

That Council, pursuant to "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704", direct the owner of 830 Beaufort Drive to remove graffiti from the premises within fourteen (14) days or the work will be done by the City or its agents at the owner's cost.

EXECUTIVE SUMMARY:

A complaint was received about this property on 2010-Mar-03. A bylaw enforcement officer inspected the property and found graffiti on the fence. Photographs were taken and are available for viewing.

BACKGROUND:

This is the first property maintenance complaint about graffiti at this address. The owner was advised by registered mail that Council, at its meeting of 2010-Mar-22, will give consideration to ordering the property cleaned up pursuant to City of Nanaimo "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704".

To date, the property has not been cleaned up.

ectfully submitted, d~ yC~~~------~ Andrew Tucker Manager Director of Planning Bylaw, Regulation and Security

Council: 2010-Mar-22

• ner. O'er ent Semces Oepartmem ~otIncil ~~~~g ...... [J In-Camera Meeting 68 Meeting Date: 2o\b- m!\ e- '},-"2-- 2010-Mar-15 STAFF REPORT

TO ANDREW TUCKER, DIRECTOR OF PLANNING

FROM RANDY CHURCHILL, MANAGER OF BYLAW, REGULATION AND SECURITY

RE: PROPERTY MAINTENANCE BYLAW 1990 NO. 3704

PROPERTY: 130 Cliff Street LEGAL: Lot A, Section 1, Plan 34127 OWNER: 521510 BC Ltd 130 Cliff Street Nanaimo, BC V9R 5E7

STAFF'S RECOMMENDATION:

That Council, pursuant to "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704", direct the owner of 130 Cliff Street to remove graffiti from the premises within fourteen (14) days or the work will be done by the City or its agents at the owner's cost.

EXECUTIVE SUMMARY:

A complaint was received about this property on 2009-Nov-24. A bylaw enforcement officer inspected the property and found graffiti. Photographs were taken and are available for viewing.

BACKGROUND:

This is the third property maintenance complaint regarding graffiti at this address. The owner was advised by registered mail that Council, at its meeting of 2010-Mar-22, will give consideration to ordering the property cleaned up pursuant to City of Nanaimo "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704".

To date, the property has not been cleaned up.

e ectfully submitted,

Randy Churchill Manager Bylaw, Regulation and Security

Council: 2010-Mar-22

ey. General NtoD'...... er nt Services DePM~nt g,Coundl 9 (ommitt~. __ ~Open Meeting 69 Cl 'n-Camera Meeting Meeting Date: ~C> l t> - tI'\~ -2')..--- 2010-Mar-15 STAFF REPORT

TO ANDREW TUCKER, DIRECTOR OF PLANNING

FROM RANDY CHURCHILL, MANAGER OF BYLAW, REGULATION AND SECURITY

RE: PROPERTY MAINTENANCE BYLAW 1990 NO. 3704

PROPERTY: 536 Franklyn Street LEGAL: Lot 1, Block 25, Section 1, Nanaimo District, Plan 584 OWNER: David James Montizambert Sylvianne Marie St Onge 201 1738 Alberni Street Vancouver, BC V6G 1B2

STAFF'S RECOMMENDATION:

That Council, pursuant to "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704", direct the owner of 536 Franklyn Street to remove graffiti from the premises within fourteen (14) days or the work will be done by the City or its agents at the owner's cost.

EXECUTIVE SUMMARY:

A complaint was received about this property on 2009-Dec-31. A bylaw enforcement officer inspected the property and found graffiti. Photographs were taken and are available for viewing.

BACKGROUND:

This is the first property maintenance complaint about this address. The owner was advised by registered mail that Council, at its meeting of 2010-Mar-22, will give consideration to ordering the property cleaned up pursuant to City of Nanaimo "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704".

To date, the property has not been cleaned up. oe~UIIY submitted, _

Randy Churchill Andrew Tucker Manager Director of Planning Bylaw, Regulation and Security I Council: 2010-Mar-22

Swabey. \!:ie~1J qel lopment Serv1ces 1.1eIlMtment • Council [J C9I11mittet. __ S Open Meeting 70 o In-Camera Meeting Meeting Date: '2o~1) - M}.}~ -7-~ 2010-Mar-15 STAFF REPORT

TO ANDREW TUCKER, DIRECTOR OF PLANNING

FROM RANDY CHURCHILL, MANAGER OF BYLAW, REGULATION AND SECURITY

RE: PROPERTY MAINTENANCE BYLAW 1990 NO. 3704

PROPERTY: 34 Nicol Street LEGAL: Lot 6 Except the southerly 2.75 feet, Block AA, Section 1, Plan 584 OWNER: Sake House Restaurant Inc. 5314 Bayshore Drive Nanaimo, BC V9V 1R4

STAFF'S RECOMMENDATION:

That Council, pursuant to "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704", direct the owner of 34 Nicol Street to remove graffiti from the premises within fourteen (14) days or the work will be done by the City or its agents at the owner's cost.

EXECUTIVE SUMMARY:

A complaint was received about this property on 2009-Nov-24. A bylaw enforcement officer inspected the property and found graffiti. Photographs were taken and are available for viewing.

BACKGROUND:

This is the first property maintenance complaint about this address. The owner was advised by registered mail that Council, at its meeting of 2010-Mar-22, will give consideration to ordering the property cleaned up pursuant to City of Nanaimo "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704".

To date, the property has not been cleaned up.

ectfully submitted,

...... o.oorndy Churchill Andrew Tucker Manager Director of Planning Bylaw, Regulation and Security

Council: 2010-Mar-22

Ted w, y. GeneIi r IOpnient,~ a (emmittte .. - .. _ .. aOpen Meeting 71 tJ In-Camera Meeting "- MeetIng Date: OlD'"{)- xY\¥A -)7- 2010-Mar-15 STAFF REPORT

TO ANDREW TUCKER, DIRECTOR OF PLANNING

FROM RANDY CHURCHILL, MANAGER OF BYLAW, REGULATION AND SECURITY

RE: PROPERTY MAINTENANCE BYLAW 1990 NO. 3704

PROPERTY: 211 Terminal Avenue LEGAL: Lots 1 & 16, Section 1, Plan 10490 OWNER: Volkman Investments Ltd. cIa 365 Bloor Street E (Speedy Muffler) Toronto, ON M4W 3M7

STAFF'S RECOMMENDATION:

That Council, pursuant to "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704", direct the owner of 211 Terminal Avenue to remove graffiti from the premises within fourteen (14) days or the work will be done by the City or its agents at the owner's cost.

EXECUTIVE SUMMARY:

A complaint was received about this property on 2010-Jan-14. A bylaw enforcement officer inspected the property and found graffiti. Photographs were taken and are available for viewing.

BACKGROUND:

This is the first property maintenance complaint about this address. The owner was advised by registered mail that Council, at its meeting of 2010-Mar-22, will give consideration to ordering the property cleaned up pursuant to City of Nanaimo "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704".

To date, the property has not been cleaned up.

ectfully submitted,

Andrew Tucker Director of Planning

Council: 2010-Mar-22 cii~~ ~ t'~:~g ...... [J In-Camera Meeting OJ IV? 0:") 7 2 Meetilg Date: riD l"D""- _ ~.,.-!i:a' STAFF REPORT

REPORT TO: ANDREW TUCKER, DIRECTOR OF PLANNING

FROM: RANDY CHURCHILL, MANAGER OF BYLAW, REGULATION AND SECURITY

RE: STRUCTURE REMOVAL ORDER - 265 KENNEDY STREET ILLEGAL SUITE IN A SINGLE FAMILY DWELLING

PROPERTY: 265 Kennedy Street LEGAL: Lot 1, Section 1, Nanaimo District, Plan 14526 OWNER: Michael Paul Degemjardt 265 Kennedy Street Nanaimo, BC V9R 2H9

STAFF'S RECOMMENDATION:

That Council, pursuant to Sections 72 and 73 of the Community Charter, order the owner of 265 Kennedy Street to remove the secondary suite or bring the property up to standard within thirty (30) days.

EXECUTIVE SUMMARY:

The above property contains a secondary suite in contravention of City of Nanaimo "BUILDING BYLAW 2003 NO. 5693". Photographs were taken and are available for viewing.

BACKGROUND:

An inspection revealed an illegal suite in the single family dwelling. Building Inspection sent correspondence to the owner outlining how the property can be brought into compliance. As no response was received, registered mail was sent to the owner advising that Council, at its meeting of 2010-Mar-22, will give consideration to ordering the structure removed or brought up to standard pursuant to Sections 72 and 73 of the Community Charter.

Andrew Tucker Manager Director of Planning Bylaw, Regulation and Security

Council: 2010-Mar-22 , Gener er Ll9'relOJ_nt Servioes Department .!lCound1 a Cemmittet.---. ;a:Open Meeting 73 Cl In-Camera Meeting Meeting Date: 'do \ D - \Iv\, v.t rt-"2-2.- 2010-Mar-15

STAFF REPORT

REPORT TO: ANDREW TUCKER, DIRECTOR OF PLANNING

FROM: RANDY CHURCHILL, MANAGER OF BYLAW, REGULATION AND SECURITY

RE: STRUCTURE REMOVAL ORDER-1041 MAUGHAN ROAD ILLEGAL STRUCTURES

PROPERTY: 1041 Maughan Road LEGAL: Lot 21, Section 2, Range 8, Nanaimo District, Plan VIP63717 OWNER: Island West Forest Products Ltd 1350 Kurtis Crescent Nanaimo, BC V9X 1X3

STAFF'S RECOMMENDATION:

That Council, pursuant to Sections 72 and 73 of the Community Charter, order the owner of 1041 Maughan Road to remove the green and white fabric covered structure, illegal mobile units, and other buildings in contravention of the Building Bylaw or bring the property up to standard within thirty (30) days.

EXECUTIVE SUMMARY:

The above property contains a green and white fabric covered structure, illegal mobile units (trailers) and other buildings in contravention of City of Nanaimo "BUILDING BYLAW 2003 NO. 5693". Photographs were taken and are available for viewing.

BACKGROUND:

Since May of 2009, staff have been working with the owner of the property to have it brought into compliance with City bylaws. At· the meeting of 2010-Feb-08, Mr. Paul Verhey spoke to Council and said that it was anticipated that the deficiencies would be rectified within 30 days. To date, the deficiencies are still outstanding. A letter was delivered to the owner advising that Council, at its meeting of 2010-Mar-22, will give consideration to ordering the structures removed or the property brought up to standard pursuant to Sections 72 and 73 of the Community Charter.

Deaundl Cly Churchill CJ Cemmittee. ___ Manager .1{Open Meeting Bylaw, Regulation and Security a In-Camera Meeting Meeting Date: @P\b ~-2-z.... Council: 2010-Mar-22 2010-MAR-18 STAFF REPORT

REPORT TO: T. P. SEWARD, DIRECTOR OF DEVELOPMENT

FROM: J. D. KINCH, MANAGER, BUILDING INSPECTION DIVISION

RE: UNRESOLVED BUILDING DEFICIENCIES I BYLAW CONTRAVENTION NOTICES

STAFF'S RECOMMENDATION:

That Council, by resolution, instruct the Director of Legislative Services to file a Bylaw Contravention Notice respecting the properties listed below at the Land Title and Survey Authority of British Columbia under Section 57 of the Community Charter.

(1) 110 Acacia Avenue - Illegal Construction I Enclosed Carport and finished Basement to include a Secondary Suite (2) 2374 Mill Road - Illegal Construction I Enclosed Carport and finished Basement to include a Secondary Suite, alterations to include an additional Secondary Suite and construct a Carport (3) 6012 Bowron Place - Illegal Construction I Roof and Addition to Deck, Stairs and Storage Area below (4) 16 Victoria Crescent (Alias unit within 14 Victoria Crescent) - Illegal Construction I incomplete Building Permit (5) 452 Milton Street - Illegal Construction I Additional Unit, exterior Stairs and Deck Guard (6) 778 Southland Way - Illegal Construction I Occupy Single Family Dwelling without Approval (7) 184 Piper Crescent - Illegal Construction I Covered front Entry, Additions to rear and left of Dwelling, side Deck and Enclosure below existing rear Deck

EXECUTIVE SUMMARY:

Construction has been undertaken at the following property(ies) that is not in compliance with "BUILDING BYLAW 2003 NO. 5693", "ZONING BYLAW 1993 NO. 4000" or the applicable edition of the BC Building Code (BCBC).

BACKGROUND:

(1 ) 110 Acacia Avenue - Illegal Construction I Enclosed Carport and finished Basement to include a Secondary Suite

Owner(s): Douglas E. Reid Judy L. Reid 5217 Fox Place Nanaimo BC V9T 6K5

Legal: Lot 2, Section 1, Nanaimo District, Plan 18477 P. I. D.: 003-759-491 ~Coondl ~(emmittet._ .. _._. ~Open Meeting 75 IJ In-Camera Meeting Meetklg Date: 9c:ij)- roM-'ll:: Page 2

Building Permit No. 114754 (BP114754) was issued 2010-FEB-01 to undertake the required safety upgrades and 'Authorize' the existing Secondary Suite previously constructed in the basement and carport of the Single Family Dwelling (SFD) without a Building Permit. As the suite was constructed prior to Council's adoption of the Secondary Suite Policy (Policy) (2005-FEB-07), the Policy allows it to be upgraded under a Building Permit to meet the basic requirements of "ZONING BYLAW 1993 NO. 4000" and the basic safety provisions identified in the Policy, thereby achieving the status of 'authorized'. A condition of the Building Permit is that a Bylaw Contravention Notice be registered on the property title in compliance with the Policy.

A Bylaw Contravention Notice is recommended to be registered on the property title to advise individuals with interest in the property of the nonconformity. The Notice provides disclosure to future owners to protect taxpayers of potential claims against the noncompliant work.

File summary:

Building Permit application 2010-JAN-18 Building Permit issued 2010-FEB-01 Letter advising of Council date for Section 57 Notice 2010-MAR-03

(2) 2374 Mill Road - Illegal Construction I Enclosed Carport and finished Basement to . include a Secondary Suite, alterations to include an additional Secondary Suite and construct a Carport

Owner(s): John Qualizza Ann-Marie A. Qualizza 2374 Mill Road Nanaimo BC V9R 6S9

Legal: Lot 1, Section 11, Range 6, Mountain District, Plan 27954 P. I. D.: 002-246-384

The Single Family Dwelling (SFD) located at 2374 Mill Road was inspected on 2010-FEB-04 as the result of a complaint. It was found that construction had taken place to incorporate two Suites within the SFD in contravention of "ZONING BYLAW 1993 NO. 4000". The basement has been finished to incorporate a Suite, the addition has been altered to include a Suite, the existing carport has been enclosed to create living space, and an additional carport has been added to the Dwelling. No Building Permits were obtained for the construction in contravention of "BUILDING BYLAW 2003 NO. 5693".

On 2009-JAN-26, Building Permit No. 112599 (BP112599) was completed to construct an addition to the existing SFD. During the required inspections for BP112599, no Suites were identified. As per "ZONING BYLAW 1993 NO. 4000", only one Secondary Suite is allowed within a SFD. As only one Suite can remain, one of the Suites is required to be removed.

76 Page 3

The construction to incorporate the illegal Suites took place after Council's adoption of "ZONING BYLAW AMENDMENT BYLAW 2004 NO. 4000.366" to permit Secondary Suites in residential and rural agricultural zones; therefore, if the one permissible Suite is to remain, it must be constructed to fully comply with the 2006 BG Building Code (Gode).

Correspondence was sent to the Owners on 2010-FEB-10 advising of the nonconforming use and requesting that one Suite be removed and, should the other remain, that a Building Permit was to be received prior to 2010-APR-05 to undertake the necessary work to create a fully Gode-compliant Suite.

A Bylaw Contravention Notice is recommended to be registered on the property title to advise individuals that may have an interest in the property of the nonconformity. The Notice provides disclosure to future owners to protect taxpayers of potential claims against the unpermitted work. As per Council's Secondary Suite Policy, the Owner may have a secondary suite in the SFD if a Building Permit is completed to fully comply with the requirements of Section 9.36 of the Code. If the Owner does not comply with either removal or legalization of the Suites, the file will be referred to a future Council Meeting for additional enforcement action.

File summary:

Received complaint 2009-DEC-01 Inspection completed 2010-FEB-04 Letter advising of nonconformity 201 0-FEB-1 0 Letter advising of Council date for Section 57 Notice 2010-MAR-04

(3) 6012 Bowron Place - Illegal Construction I Roof and Addition to Deck, Stairs and Storage Area below

Owner(s) Donald G. Phillips Kim E. Phillips 6012 Bowron Place Nanaimo BC V9T 6A4

Legal: Lot 125, District Lot 20, Wellington District, Plan VIP54713 P. I. D.: 017-868-327

The Single Family Dwelling located at 6012 Bowron Place was inspected in December of 2009 as the result of a complaint. At the time of the Inspection, it was found that the existing deck had been increased, a roof constructed above and a storage area was constructed beneath the deck. No building permits were obtained for the construction in contravention of "BUILDING BYLAW 2003 NO. 5693" and the method of construction did not comply with the BC Building Code (BGBG). On 2010-FEB-23, correspondence was sent to the Owners advising of the nonconformity.

A Bylaw Contravention Notice is recommended to be registered on the property title to inform individuals with future interest in the property of the nonconformity. The Notice provides disclosure to future owners to protect taxpayers of potential claims against the unpermitted work.

77 Page 4

File summary:

Received complaint 2009-DEC-03 Letter advising of nonconformity 2010-FEB-23 Letter advising of Council date for Section 57 Notice 2010-MAR-05

(4) 16 Victoria Crescent (Alias unit within 14 Victoria Crescent) - Illegal Construction I Incomplete Building Permit

Owner(s) Hogler Enterprises Limited 8482 No 6 Road Richmond BC V6W 1E2

Legal: Lot A, (DO EG6637), Section 1, Nanaimo District, and of the Bed of the Public Harbour of Nanaimo, Plan 7657 P. I. D.: 018-084-419

A Final Inspection was conducted at the Commercial Building located at 16 Victoria Crescent (Alias address within 14 Victoria Crescent) on 2008-0CT-01 under Building Permit No. 110829 (BP110829), issued 2006-NOV-24 to expand the kitchen and relocate a washroom. During the 2008-0CT-01 Inspection, five deficiencies were identified: nonexistent fire stopping in ceiling openings, nonexistent grab bar in washroom, nonexistent lever handle for washroom door, nonexistent Accessible Washroom decal affixed to the door and plumbing trap capped where sink was removed. No further inspections were requested and the Building Permit has since expired.

On 2009-JUL-16, correspondence was sent to the Owner advising of the nonconformity. On 2010-JAN-26, further correspondence was sent to the Owner, the Occupant and the Business Licencee advising of the deficiencies and Council's consideration for imminent action with respect to a Bylaw Contravention Notice. To date, Staff is not aware that the required work has been completed and no contact has been initiated by any of the parties. A Bylaw Contravention Notice is recommended to be registered on the property title to advise individuals with future interest in the property of the nonconformity. The Notice provides disclosure to potential owners to protect taxpayers of possible claims against the noncompliant work. If the Owner does not rectify the nonconformity, the property will be referred to a future Council Meeting for additional enforcement action.

File summary:

Building Permit issued 2006-NOV-24 Inspection completed 2008-0CT-01 Letter advising of nonconformity 2009-JUL-16 Additional letter advising of nonconformity 2010-JAN-26 Letter advising of Council date for Section 57 Notice 2010-MAR-05

78 PageS

(5) 452 Milton Street - Illegal Construction I Additional Unit. exterior Stairs and Deck Guard

Owner(s) Jean P. Hamelin Patricia A. Nessman 884 Brookfield Drive Nanaimo BC V9R 6P4

Legal: The Northerly Y2 of Lot 5, Block 24, Section 1, Nanaimo District, Plan 584 P. I. D.: 000-057-631

The Triplex located at 452 Milton Street was inspected on 2010-JAN-13 as the result of a complaint. At the time of the Inspection, it was found that construction had been undertaken to create an additional fourth unit, build new exterior stairs to the left upper floor unit and build a new guard for the right side upper unit deck. No Building Permits were obtained for the construction in contravention of "BUILDING BYLAW 2003 NO.5693" and the method of construction does not comply with the BCBC. On 2010-JAN-25, correspondence was sent to the Owners advising of the nonconformity.

A Bylaw Contravention Notice is recommended to be registered on the property title to inform individuals with future interest in the property of the nonconformity. The Notice provides disclosure to future owners to protect taxpayers of potential claims against the unpermitted work. If the Owners do not rectify the nonconformities the property will be referred to a future Council Meeting for additional enforcement action.

File summary:

Received complaint 2009-0CT-02 Inspection competed 2010-JAN-13 Letter advising of nonconformity 2010-JAN-25 Letter advising of Council date for Section 57 Notice 2010-MAR-09

(6) 778 Southland Way - Illegal Construction I Occupy Single Family Dwelling without Approval

Owner(s): Edward L. Roetman Tara M. Roetman 778 Southland Way Nanaimo BC V9R 6P4

Legal: Lot 29, Section 1, Nanaimo District, Plan VIP77985 P. I. D.: 026-117-525

An Occupancy Inspection was conducted at the Single Family Dwelling (SFD) located at 778 Southland Way on 2009-SEP-11 under Building Permit No. 113462 (BP113462), issued 2008-NOV-05 to construct a SFD with a Secondary Suite. During the 2009-SEP-11 Inspection, 12 deficiencies were identified; as such, Occupancy was not granted. On 2009-DEC-16, a further Occupancy Inspection was requested at which time nine outstanding deficiencies were identified and the SFD and Suite were occupied without the Building Inspector's approval.

79 Page 6

To date, no further inspections have been requested and Staff is not aware that the required work has been completed and no contact has been initiated by Owners.

On 2010-MAR-09, further correspondence was sent to the Owners advising of the deficiencies and Council's consideration for imminent action with respect to a Bylaw Contravention Notice. A Bylaw Contravention Notice is recommended to be registered on the property title to advise individuals with future interest in the property of the nonconformity. The Notice provides disclosure to potential owners to protect taxpayers of possible claims against the noncompliant work. If the Owners do not rectify the nonconformities, the property will be referred to a future Council Meeting for additional enforcement action.

File summary:

Building Permit application 2008-0CT-22 Building Permit issued 2008-NOV-05 Letter advising of nonconformity 2010-MAR-09 Letter advising of Council date for Section 57 Notice 2010-MAR-09

(7) 184 Piper Crescent - Illegal Construction I Covered front Entry, Additions to rear and left of Dwelling, side Deck and Enclosure below existing rear Deck

Owner(s) John R. Linder Margaret C. Linder 184 Piper Crescent Nanaimo BC V9T 3G3

Legal: Lot B, District Lot 41, Wellington District, Plan 32327 P. I. D.: 000-101-982

The Single Family Dwelling (SFD) located at 184 Piper Crescent was inspected on 2010-JAN-29 as the result of a complaint. At the time of the Inspection, it was found that a covered roof structure had been constructed at the front entry doorway with no regard for the required front yard setback, additions have been added to the rear and to the left of the SFD, and a deck had been added to the side of the SFD. Work was also underway to enclose beneath the existing rear deck; as such, a 'Stop Work' notice was posted.

No Building Permits were obtained for the construction in contravention of "BUILDING BYLAW 2003 NO. 5693" and the method of construction does not comply with the BGBG. On 2010-FEB-22, correspondence was sent to the Owners advising of the nonconformities and the requirement to submit an appeal to the Board of Variance (BOV) for a relaxation to the front yard setback in order for the front entry to remain.

A Bylaw Contravention Notice is recommended to be registered on the property title to inform individuals with future interest in the property of the nonconformity. The Notice provides disclosure to future owners to protect taxpayers of potential claims against the unpermitted work. If the Owners do not rectify the nonconformities, the property will be referred to a future Council Meeting for additional enforcement action.

80 Page 7

File summary:

Received complaint 2010-JAN-28 Inspection completed 2010-JAN-29 Letter advising of nonconformity 2010-FEB-22 Letter advising of Council date for Section 57 Notice 2010-MAR-10

Respectfully submitted,

AD. Kinch T. P. Seward MANAGER, BUILDING INSPECTION DIVISION DIRECTOR OF DEVELOPMENT DEVELOPMENT SERVICES DEPARTMENT DEVELOPMENT SERVICES DEPARTMENT

Council: 2010-MAR-22 NR g:\devbldg\council\2010 reports\nelda\201 Omar22 section 57 report.doc

" \ \ \ "

81 2010-MAR-15 STAFF REPORT

REPORT TO: D. W. HOLMES, GENERAL MANAGER, CORPORATE SERVICES

FROM: I. HOWAT, DIRECTOR OF LEGISLATIVE SERVICES

RE: REGIONAL DISTRICT OF NANAIMO PARKS AND TRAILS SERVICE AREA AMENDMENT BYLAW NO. 1231.02,2010

STAFF'S RECOMMENDATION:

That Council waive the consent requirements under Section 801.4 of the Local Government Act by consenting to the adoption of "REGIONAL DISTRICT OF NANAIMO PARKS AND TRAILS SERVICE AREA AMENDMENT BYLAW NO. 1231.02, 2010" and that the Regional District of Nanaimo be notified accordingly.

EXECUTIVE SUMMARY:

Staff have received correspondence from the Regional District of Nanaimo advising that they have introduced and read three times "REGIONAL DISTRICT OF NANAIMO PARKS AND TRAILS SERVICE AREA AMENDMENT BYLAW NO. 1231.02,2010". The bylaw proposes to amend the service of regional parks and regional trails to include regional conservation areas. As part of the approval process, the Regional District of Nanaimo requires the City's consent to this bylaw.

Respectfully submitted,

I. Howat, Direc or D. W. Holmes, G.M. Legislative Services Corporate Services

Ikk

Council: 2010-MAR-22

L:\OocSearch\Reports\Administration\201 O\RPT1 00322RONParks& Trails.doc

)(Counci1 .~ Cemmlttee ...... ~Open Meeting IJ In-Camera Meeting 82 Meeting Date: 1-'D \'0 ~ 1'(\ ~1,11 I /ill@@U\YiIE) I March 9, 2010 MAR 1 1 2010

LEGISLATIVE SERVICES

... City of Nanaimo REGIONAL 455 Wallace Street DISTRICT Nanaimo, BC OFNANAIMO V9R 5J6 Attention: Ian Howat Director of Legislative Services

Rc: RDN Regional Parir.s and Trails Sen'ice Are~ Amendment Bylaw No. 1231.02

The Board, at its regular meeting held February 23,2010, introduced and read three times the above noted amendment bylaw. (copy attached) This bylaw proposes to amend the service of regional parkS and regional trails to include regional conservation areas. As part of the approval process, the Regional District of Nanaimo requires the City's consent to this bylaw.

It would be appreciated if your Council would endorse the following resolution:

MOVED , SECONDED , that the Council of the City of Nanaimo waive the consent requirements under Section 801.4 of the Local Government Act by consenting to the adoption of "Regional District of Nanaimo Regional Parks and Trails Service Area Amendment Bylaw No. 1231.02, 2010" and FURTHER that the Regional District be notified accordingly.

As the District requires this consent as part of the approval process, it would be appreciated if you would consider this request at your next Council meeting.

If you have any questions, please do not hesitate to contact this office.

Sincerely,

Maureen Pearse Senior Manager of Corporate Administration

MMP:nh 6300 Hammond Bay Rd. Nanaimo, B.C. Attachment V9T 6N2

Ph: (250)390-4111 Toll Free: 1-877-607-4111 Fax: (250) 390-4163

RDN Website: www.rdn.bc.co

11231.02 - Cily of Nanaimo Consent Letter - March 2010 83 REGIONAL DISTRICT OF NANAIMO

BYLAW NO. 1231.02

A BYLAW TO AMEND THE REGIONAL DISTRICT OF NANAIMO REGIONAL PARKS AND TRAILS SERVICE AREA CONVERSION BYLAW NO. 1231,2001

WHEREAS by "Regional District of Nanaimo Regional Parks and Trails Service Area Conversion Bylaw No. 1231, 2001", converted the service for the purpose of acquiring, developing and operating regional parks and regional trails to a service established by bylaw;

AND WHEREAS the Regional District wishes to amend the service of regional parks and regional trails to include regional conservation areas;

NOW THEREFORE, the Board of the Regional District of Nanaimo in open meeting assembled, enacts as follows:

1. "Regional District of Nan~imo Regional Parks and Trails Service Area Conversion Bylaw No. 1231,2001" is amended as follows:

Section 1 of the bylaw is repealed arid replaced with the following:

lea) A service including the function Division XXVI - Regional Parks, as conveyed by Supplementary Letters Patent dated July 28, 1989, is hereby established for the purpose of acquiring, developing and operating regional parks and regional trails and for the purpose of acquiring, developing and operating regional conservation areas.

I (b) Reference in the bylaw to the "service" or to the "service of regional parks and trails" shall be deemed to be a reference to the service established under subsection I(a).

2. This bylaw may be cited for all purposes as "Regional District of Nanaimo Regional Parks and Trails Service Area Conversion Amendment Bylaw No. 1231.02,2010".

Introduced and read three times this 23rd day of February, 20 I O.

Received the approval of the Inspector of Municipalities this __ day of ______, 20_.

Adopted this __ day of ______, 20_.

CHAIRPERSON SR MGR., CORPORATE ADMINISTRATION 84 2010-MAR-17 STAFF REPORT

TO: D. W. HOLMES, GENERAL MANAGER OF CORPORATE SERVICES

FROM: I. HOWAT, DIRECTOR OF LEGISLATIVE SERVICES

RE: PARTICIPATION IN CITIZEN SATISFACTION SURVEY

RECOMMENDATION:

That Council:

1. direct Staff to proceed with the 2010 core subscription of $5,900 to conduct a citizen satisfaction survey; 2. provide Staff with direction regarding the additional modules; and, 3. provide Staff with direction regarding the addition of a custom question or questions to be added to the survey.

EXECUTIVE SUMMARY:

Citizen satisfaction surveys are an effective means of sampling the resident population for the purpose of providing Council with insight into the community's view of their City government. Ipsos Reid annually conducts a core survey that the City may participate in for a fee of $5,900.

BACKGROUND:

Every year Ipsos Reid conducts a survey of participating municipalities across the country. This is a shared research survey, which enables the City to participate in a customer satisfaction survey at a reduced cost. Because the survey is standardized, Nanaimo can be compared to the normalized results developed by the rest of the participating municipalities. Along with the questions asked of the citizens, their demographic data is also collected. This can provide Council with insightful information about Nanaimo, the citizen's perception of our local government and how we compare to other communities across Canada.

Ipsos Reid will conduct a telephone survey of 300 citizens 18 years or older and will break down the results into demographic subgroups such as age, gender, length of residency, homeownership, and families with children under 18. The core survey will cover:

• Issues of interest to citizens. • Perceptions toward quality of life. • Satisfaction with municipal services. • Perceived value for municipal taxes. • Communication and information needs.

Nanaimo's results will be provided to us in a table format and where applicable will compare us to the normalized results from the rest of the participating communities across Canada. Individual results will not be shared with other communities. )lCoona1 a (emmittee. __ ~Open Meeting [J In-Camera Meeting 85 Meeting Date: 2ol0- {YHte~2-2-- Report to Council Participation in Citizen Satisfaction Survey Page 2

In addition to the core survey Ipsos Reid offer additional modules, the ability to ask a custom question, or increase the sample size all at an additional cost. The description of each module is on page 2 of the attachment. Those additional services are outlined below:

• Citizen Priorities and Expectations $1,500 • Measuring Staff and Council Performance $1,500 • Infrastructure $1,500 • Custom close-ended questions $ gOO/question • Custom open-ended questions $1,400/question • Increasing the sample size $22 / additional interview

Staff recommend that the core survey is a cost-effective opportunity where Council and Staff can gain additional insight into citizen satisfaction and topical issues. This is an annual service that Ipsos Reid conduct. If Council proceed and the information received is deemed to be of good value, Staff would recommend that Council consider future year's subscriptions to develop some bench marking and tracking the changing trends in issues of importance to Nanaimo's citizenry.

Respectfully submitted,

I. Howat Director of Legislative Services General Manager of Corporate Services

Council: 2010-MAR-22

86 _IRSOS Reid Public Affairs

MAR / 8 2010 Februa 25, 2010 AI Kenning CITY MANAGER Acting City Manager CITY OF NANAIMO City of Nanaimo 455 Wallace St Nanaimo, BC V9R 5J6

Dear AI Kenning,

In today's ever changing municipal landscape, governments are faced with increased expectations from their citizens to provide a broader range of services and resources to support their community. But with a turbulent economy, budgetary shortfalls and evolving social agendas, priorities need to be placed. Do you know how well your municipality measures up against citizen expectations?

To help answer this question, Ipsos Reid is pleased to offer your municipality the opportunity to participate in our upcoming Citizen Satisfaction syndicated study. This shared-cost research vehicle is designed to provide City staff, Administrators, Council, and other stakeholders with accurate and actionable information regarding citizen satisfaction and expectations within your community. Key topics explored in this survey include:

• Issues of interest to your citizens; • Perceptions towards quality of life in your community; • Satisfaction with municipal services; • Perceived value for municipal taxes and preferred funding options; and • Communication and information needs, including website visitation.

In addition to these core questions, we are pleased to offer the following three modules at an additional cost:

• Citizens Priorities & Expectations: What do citizens see as key priorities for your municipality over the next 12 months? How do citizens rank your top three priorities? How do local community versus broad municipal priorities fare against one another? Are citizens aware of Council! Administration's priorities and how do they align against citizens' expectations?

• Measuring Staff & Council Performance: How do citizens rate the performance of municipal staff? Do they approve or disapprove of Council's performance? Are citizens satisfied with the contact experience they have with your municipality?

• Infrastructure: How much responsibility do citizens assign to municipalities versus other levels of government when it comes to maintaining key infrastructure assets? How do citizens rate your municipality's performance in this area? Which infrastructure assets are seen as in most need of attention and assigned the greatest priority for action?

Subscribers to the Citizen Satisfaction syndicated study receive a comprehensive PowerPoint report detailing their citizens' attitudes and opinions, as well as Detailed Tables showing how the results break down by key demographic variables. As part of this analysis, Ipsos Reid will alsQ include normative comparisons that show how your results compare to those of other Canadian municipalities, thus providing valuable benchmarks against which to evaluate your results.

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To learn more about the Citizen Satisfaction syndicated study and how to subscribe, please see the enclosed prospectus or contact me directly at (778) 373-5131 or [email protected].

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Jpsos Reid Public Affairs 1285 West Pender Street, Suite 200 Vancouver, Be V6E 4Bl Tel: (778) 373-5000 Fax: (604) 688-9568 \\'w,v.ipsos.ca 87 Citizen Satisfaction Measuring citizen expectations and satisfaction in your community

How Does Your Municipality In addition to these core issues, municipalities. Ipsos Reid's Measure Up Against Citizen this year's survey will also include unparalleled experience in Expectations? three optional modules that municipal research has enabled Citizen satisfaction surveys are target key areas of concern: us to develop a normative data- widely regarded as one of the e Citizen Priorities & Expecta- base for key questions such as most effective tools a municipality tions: What do citizens see as top-of-mind concerns, quality of has for understanding citizens' key priorities for your munici- life, satisfaction with municipal priorities, satisfaction with pality over the next 12 months? services, value for taxes, commu- municipal services, and attitudes How do citizens rank your top nication, and perceptions of towards topical issues facing the three priorities? How do local staff and Council, among others. community. By incorporating the community versus broad As part of the final deliverables information provided by these municipal priorities fare against for participating in this syndicated surveys into long-term strategic one another? Are citizens aware study, Ipsos Reid will compare planning initiatives, municipalities of Council/Administration's your municipality's results to our are well positioned to not only priorities and how do they align municipal norms, thereby provid- meet but also exceed citizens' against citizen expectations? ing valuable context, added expectations for their local • Measuring Staff & Council insight, greater depth of analysis, government. Conducting surveys Performance: How do citizens and benchmarks against which on a regular basis is also an rate the performance of to evaluate your performance. excellent way to understand how municipal staff? Do they approve citizens' needs and priorities or disapprove of Council's How Does The ~urvey Work? are changing, identify new or performance? Are citizens Ipsos Reid will conduct a emerging issues facing the com- satisfied with the contact telephone survey of 300 citizens munity, and assess your municipal experiences they have with aged 18 year~ or older in each government's performance in your municipality? municipality hat decides to key areas. • Infrastructure: How much participate in the research. This To accommodate this need, responsibility do citizens assign will provide overall results that Ipsos Reid is pleased to offer to municipalities versus other are accurate to within ±S.7% your municipality the opportunity levels of government when (19 times out of 20) and will to participate in our Citizen it comes to maintaining key also allow for analysis by key Satisfaction 1 synd icated resea rch infrastructure assets? How do demographic subgroups such study. This shared-cost vehicle citizens rate your municipality's as age, gender, etc. performance in this area? is designed to explore key issues To keep the costs low, the same Which infrastructure assets are facing local municipalities, core questions (topics outlined seen as most in need of atten- including citizens': above) will be asked in all munici- tion and assigned the greatest • Issue agenda; palities. However, there is also priority for action? • Perceptions towards quality an opportunity to add custom of life in their community; How Does Your questions or increase the number • Satisfaction with municipal Municipality Compare of interviews for an additional services; To Others In Canada? charge. Your municipality's • Perceived value for municipal individual results will not be In addition to looking at your taxes and preferred funding shared with other municipalities, overall results, we believe that one options; and, although will be incorporated of the best ways to understand into the overall normative score • Communication and informa- how well your municipality is for comparative purposes. tion needs, including website performing is to compare your visitation. results to those of other Canadian ..

88 102010 Ipsos. AU Rights Reserved. What Willi Get? Schedule (2010) About Ipsos Reid • PowerPoint slides of your results This research will be completed Ipsos Reid is Canada's largest, • Detailed Tables with cross­ in April/May 2010. The deadline best-known, and most trusted tabulations of the major to confirm participation is marketing and public affairs demographics such as age, April 21, with custom questions research company. Ipsos member gender, length of residency, submitted by April 23. The survey companies offer expertise in homeownership, and families will be conducted from April advertising, customer loyalty, with children under 18 29th to May 9th and results will marketing, media, and public • Access to Ipsos Reid's municipal be available mid-June. affairs research as well as fore­ norms, where appropriate casting, modeling, and consulting. About Ipsos Reid's • In-person presentation of Ipsos has a full line of custom, Municipal Affairs Practice the findings to an audience syndicated, omnibus, panel, and of your choice (travel will Ipsos Reid is Canada's leader online research products and be billed extra) in municipal affairs research. services, guided by industry We have extensive experience experts and bolstered by advanced Subscription Options conducting research on behalf of analytics and methodologies. and Pricing municipalities across the country Visit our website at www.ipsos-na.com. Core Subscription on a multitude of issues including $5,900 plus GST citizen satisfaction, finance and budget allocation, program Contact Information Citizen Priorities & development and evaluation, land For more information, Expectations Module (only use and community planning, and please contact: available with core subscription) the environment, among others. $1,500 plus GST British Columbia Ipsos Reid provides municipalities Measuring Staff & Council Catherine Knaus with a scientific form of public Performance Module (only Associate Vice President consultation that ensures you available with core subscription) 778.373.5131 hear from the entire public and $1,500 plus GST [email protected] not just the vocal minority. Infrastructure Module (only We help you listen to what your Alberta, Saskatchewan, available with core subscription) citizens are saying, understand Manitoba $1,500 plus GST what they are thinking, and Jamie Duncan Custom Questions anticipate their future needs and Associate Vice President priorities. But we also go beyond • Close-ended questions 403.294.7385 simply delivering the data -we [email protected] $900 per question plus GST also analyze it, put it into context, • Open-ended questions and provide advice as to how Ontario, Atla.ntic Canada $1,400 per question plus GST the results can best be translated Graham Loughton Increasing the Sample Size into efficient and effective Vice President $22 per additional interview policies, programs, and commu­ 416.324.2004 nications strategies. [email protected] As a full-service research company, Quebec Ipsos Reid provides expertise in custom, syndicated, omnibus Daniel Boutin surveys, focus groups, workshop Associate Vice President facilitations, and public consul­ 514.904.4328 tation. Whatever your municipal­ [email protected] ity's research needs, Ipsos Reid 'Formerly called Municipal Quality of life has a solution that will work and Financial Planning. for you.

89 10-02-44 2010-MARCH-03 STAFF REPORT

REPORT TO: TOM HICKEY, DIRECTOR, ENGINEERING & PUBLIC WORKS

FROM: G. FRANSSEN, MANAGER,

RE: INVITATION TO TENDER #1008 CEMETERY MAINTENANCE

RECOMMENDATION:

That Council award the contract for Cemetery Landscape Maintenance to the low tenderer, Strain Landscaping, for the low bid of $281,631.

EXECUTIVE SUMMARY:

The contract for the landscape maintenance of the City's three cemeteries expires 2010-March. A tender for a three year contract was advertised on the City Website and on BC Bid. Two bids were received with the annual totals for basic landscape maintenance as follows:

Easy Living (annual cost) $78,831.81 Strain Landscaping (annual cost) $78,877.00

The tender also required prices for provisional work such as irrigation repair, pruning and plot and grounds re-Ieveling. Provisional work is in the range of $15,000 annually. The Strain landscaping bid provides better value to the City when provisional work is added to the base contract.

A bid comparison based on the value of a three year contract with consideration given to the amount of provisional work is as follows:

Strain Landscaping (three year term) $281,631.00 Easy Living (three year term) $287,120.43

The low tender of $281,631.00 is within the City's budget.

Respectfully submitted, I!~~~A~~~' Garylfranssen, Manager Tom Hickey Andy Laidlaw Sanitation, Recycling, Director General Manager Cemeteries Engineering & Public Community Services Works

g:\admin\council rpts\201 O\Cemetery Landscape Award 2010

llcouna1 CJ Carnmlttee ...... n ..n AOpen Meeting (J In-Camera Meeting MeetIng Date: 20\D -m&~~1-L- 90 CITY OF NANAIMO

BYLAW NO. 7099

A BYLAW TO ESTABLISH THE RATE FOR BULK WATER SUPPLY TO SOUTH WEST

WHEREAS the Greater Nanaimo Water District is now part of the City of Nanaimo;

AND WHEREAS South West depends on its water supply from the City of Nanaimo;

AND WHEREAS Section 194 of the Community Charter provides that a Council may by bylaw, impose a fee payable in respect of all or a part of a service of the municipality.

THEREFORE BE IT RESOLVED that the Council of the City of Nanaimo in open meeting assembled, ENACTS AS FOLLOWS:

1. Title

This Bylaw may be cited as "SOUTH WEST BULK WATER RATE BYLAW 2010 NO. 7099".

2. Definition

"South West" means the geographic area of the water district outside the geographic area of Nanaimo immediately before the dissolution of the water district, as defined within the Nanaimo and South West Water Supply Act.

3. Rate

The rate for bulk water supply to South West is $1.50 per thousand gallons.

4. Effective Date

This Bylaw shall take effect 201 0-APR-01.

5. Repeal

"SOUTH WEST BULK WATER RATE BYLAW 2007 NO. 7062" is hereby repealed.

PASSED FIRST READING 201 0-MAR-08 PASSED SECOND READING 2010-MAR-08 PASSED THIRD READING 201 0-MAR-08 ADOPTED ______

MAYOR

DIRECTOR, LEGISLATIVE SERVICES

91 CITY OF NANAIMO

BYLAW NO. 7101

A BYLAW TO AUTHORIZE A HOUSING AGREEMENT

WHEREAS Section 905 of the Local Government Act provides that Council may enter into a Housing Agreement with an owner which may include terms and conditions agreed to regarding the occupancy of the housing units identified in the Agreement; and

WHEREAS the Council wishes to enter into such an Agreement with respect to certain housing units located in the City of Nanaimo;

THEREFORE BE IT RESOLVED that the Council of the City of Nanaimo in open meeting assembled, hereby ENACTS AS FOLLOWS:

1. This Bylaw may be cited as the "HOUSING AGREEMENT BYLAW 2010 NO. 7101".

2. The Council of the City of Nanaimo hereby authorizes the Mayor and Director of Legislative Services to enter into an Agreement, on behalf of the City of Nanaimo, in substantially the form attached hereto as Schedule 'A', which sets out the terms and conditions of the occupancy of the housing units identified in the Agreement. The land identified in the Agreement is legally described as "THAT PART OF SECTION 1, NANAIMO DISTRICT, SHOWN OUTLINED IN RED ON PLAN 1006R EXCEPT PART IN PLAN VIP60488."

3. Upon execution of the Agreement by the Mayor and Director of Legislative Services and application of the seal of the City of Nanaimo, this Agreement shall be validly entered into as authorized by this Bylaw.

PASSED FIRST READING _____ PASSED SECOND READING _____ PASSED THIRD READING _____ ADOPTED ______

MAYOR

DIRECTOR, LEGISLATIVE SERVICES

File: CIP 01381 Address: 477 Tenth Street Applicant: Salish Lelum Society

92 SCHEDULE A

HOUSING AGREEMENT

THIS AGREEMENT made this day of ,2010

BETWEEN: CITY OF NANAIMO 455 Wallace Street Nanaimo, BC V9R 5J6

(the "City") OF THE FIRST PART

AND: SALISH LELUM HOUSING SOCIETY 774-B Centre Street Nanaimo, BC V9R4Z6 [Registration No. forthcoming]

(the "Owner") OF THE SECOND PART

WHEREAS:

A. The City may, by agreement under section 905 of the Local Government Act, enter into a housing agreement with an owner regarding the occupancy of the housing units identified in the agreement, including but not limited to terms and conditions referred to in section 905(2) of the Local Government Act, .

B. The Owner is the registered owner in fee-simple of the lands described as:

PID: 009-762-779 That Part of Section 1, Nanaimo District, shown outlined in red on Plan 1006R, except . Part in Plan VIP60488.

(the "Parent Parcel");

C. The Owner wishes to develop an affordable housing project with 18 units (dwelling units, sleeping units or combination) intended for occupancy by tenants (the "Housing Units") on that part of the Parent Parcel comprising 2,042 square metres, more or less, shown as the proposed Lot 1 on the Tentative Plan of Proposed Subdivision prepared by J.E. Anderson & Associates, a reduced copy of which is attach to this Agreement as Schedule "A" (the "Lands").

93 - 2-

D. The City wishes to enter into this agreement (the "Agreement") to establish terms and conditions regarding the occupancy of the Housing Units identified in the Agreement and the Owner has agreed.

NOW THEREFORE THIS AGREEMENT WITNESSES that pursuant to section 905 of the Local Government Act and in consideration of the premises and covenants contained in this Agreement, the parties hereto covenant and agree with the other as follows:

1.0 INTERPRETATION

1.1 The City and the Owner agree that the definitions in the City of Nanaimo's Zoning Bylaw 1993 No. 4000, as amended from time to time, apply to the interpretation of the terms in this Agreement.

2.0 OCCUPANCY OF HOUSING UNITS

2.1 The Owner covenants and agrees with the City that a minimum of seven (7) of the Housing Units be occupied by persons who have an income that is equal to or less than the Housing Income Limit (HIL) as established by Canada Mortgage and Housing Corporation ("CMHC") (or BC Housing) from time to time for Nanaimo.

2.2 Should HIL's no longer be produced by CMHC or BC Housing, then the income level applicable to section 2.1 shall be determined by reference to the most recently available HIL figures for Nanaimo plus an annual adjustment no less than the Cost of Living Allowance ("COLA") prepared by Statistics Canada. If necessary for this calculation, the 2010 HIL figures for Nanaimo are as follows:

Bachelor $21,000 1 Bedroom $26,500 2 Bedroom $33,000 3 Bedroom $37,500 4 Bedroom $40,500

3.0 ANNUAL REPORT

3.1 The Owner further covenants and agrees that during the term of this Agreement, it will, commencing on the first anniversary of the date an occupancy permit is issued for the building on the Lands, and on that anniversary date annually thereafter, provide to the City's General Manager of Development Services a report in writing confirming:

(a) that the Housing Units continue to be occupied as required under this Agreement;

(b) identification by suite number of the Housing Units that are being rented to tenants who qualify under Part 2 of this Agreement; and

(c) the total number of tenants of the Housing Units and the total number of tenants who qualify under Part 2 of this Agreement.

94 - 3-

4.0 BINDING EFFECT

4.1 This agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors, administrators and permitted assignees.

5.0 ENFORCEMENT AND WAIVER

5.1 Nothing contained or implied herein shall prejudice or affect the rights and powers of the City in the exercise of its functions under any public or private statutes, bylaws, orders and regulations, all of which may be fully and effectively exercised in relation to the Lands as if this Agreement had not been executed and delivered by the Owner. The waiver by a party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Agreement shall not be construed as a waiver of any future or continuing failure, whether similar or dissimilar.

5.2 The parties agree that the City is not obligated to inspect the Lands or to otherwise ensure compliance with this Agreement, nor is the City obligated to remedy any default of this Agreement. A failure by the City to enforce this Agreement shall not constitute a waiver of any of the City's rights hereunder.

5.3 No remedy under this Agreement is deemed to be exclusive but will, where possible, be cumulative with all other remedies available at law or in equity.

5.4 The Owner covenants and agrees that, in addition to any remedies that are available under this Agreement or at law, the City is entitled to all equitable remedies, including specific performance, injunction and declarative relief to enforce its rights under this Agreement. The Owner acknowledges that specific performance, injunctive relief (mandatory or otherwise) or other equitable relief may be the only adequate remedy for a default by the Owner under this Agreement.

6.0 NOTICE TO BE REGISTERED IN LAND TITLE OFFICE

6.1 Notice of this Agreement shall be registered in the Land Title Act by the City at the cost of the Owner in accordance with section 905 of the Local Government Act, and this Agreement shall be binding on all persons who acquire an interest in the Land after registration of this notice.

7.0 TERMINOLOGY

7.1 Wherever the Singular, masculine or neuter are used throughout this Agreement, the same shall be construed as meaning the plural or the feminine or the body corporate or politic as the context requires.

95 - 4-

8.0 BC LAWS GOVERN

8.1 This Agreement shall be construed in accordance with and governed by the laws applicable in the Province of British Columbia.

EXECUTED BY THE CITY at , British Columbia, this __ day of__ __,2010.

CITY OF NANAIMO by its authorized ) signatories ) ) ) ) ) )

EXECUTED BY THE OWNER at , British Columbia, this __ day oC __,2010.

SALISH LELUM HOUSING SOCIETY ) by its authorized signatories ) ~L tte.;A;t~~ "'".-..- .. _. /:-- ) .'- ~-.. -- ...... ) --""-'-4.... ~.--_._ ...... __ .:;::: .. _-_ .. _:;;:;- )

~•• ~ .....$ - -

96 TENTATIVE PLAN OF PROPOSED SUBDIVISION OF PART OF THAT PART OF SECTION 1, NANAIMO N DISTRICT, SHOWN OUTLINED IN RED ON PLAN 1006R EXCEPT PART IN PLAN VIP60488. Scale 1:1000 o' , ,; 0 20 40 60 80 100 ~" TENTH STREET ~ ROAD R£~eRvE COVENflcN, ~~~~~ i~!/;)';";'" z-:Cib;;-;-:-:;- t;i J_ CO,vSNANi.,.· <:

A ~ I PLAN 36694

~~ d = _____ CITY OF NANAIMO

BYLAW NO. 6500.010

A BYLAW TO AMEND THE CITY OF NANAIMO "OFFICIAL COMMUNITY PLAN BYLAW 2008 NO. 6500"

WHEREAS the Council of the City of Nanaimo wishes to amend City of Nanaimo "OFFICIAL COMMUNITY PLAN BYLAW 2008 NO. 6500";

THEREFORE, BE IT RESOLVED that the Municipal Council of the City of Nanaimo, in open meeting assembled, ENACTS AS FOLLOWS:

1. This Bylaw may be cited as the "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2010 NO. 6500.010".

2. The City of Nanaimo "OFFICIAL COMMUNITY PLAN BYLAW 2008 NO. 6500" is hereby amended as set out in Schedule A to this Bylaw.

PASSED FIRST READING _____ PASSED SECOND READING _____ PUBLIC HEARING HELD ______PASSED THIRD READING _____ ADOPTED ______

MAYOR

DIRECTOR, LEGISLATIVE SERVICES

File: OCP00056 Applicant: City of Nanaimo

98 Bylaw No. 6500.010 Schedule A Page 1

SCHEDULE A

1. Subsection 5.1 (Energy and Emissions Management) of the "OFFICIAL COMMUNITY PLAN BYLAW 2008 NO. 6500" is deleted in its entirety and replaced with

5.1 Energy and Emissions Management

Most Canadians have become aware of the terms "global warming" and "climate change" which describes the phenomena of changes to the earth's climate and a general rise in temperatures as human activities increase the amount of greenhouse gases (GHG) that are released into the atmosphere.

Local governments across British Columbia have begun the process of recognizing and addressing the issue of Climate Change in significant ways. The City of Nanaimo has established a framework, based on the Federation of Canadian Municipalities "Partners for Climate Protection" program, to track and reduce greenhouse gas emissions for its corporate buildings and vehicle fleet. The City has also signed onto the provincial Climate Action Charter, which has placed the corporation on a path to become "carbon neutral" in its operations by 2012. In addition, through the requirements of the Local Government (Green Communities) Statutes Amendment Act (Bill 27), all local governments are required to include community-wide GHG emissions reduction targets within their OCPs.

Over the coming years, a significant part of the work to reduce GHG emissions will be met on the regional and municipal level. Meeting our emissions reduction targets will be addressed through a variety of long and short-term actions. Taking action at the municipal level has been recognized as crucial by both the Federal and Provincial government in meeting provincial and national GHG stabilization and reduction goals.

In fulfilling our commitment to reduce GHG emissions, the City has set targets for GHG reductions to be achieved by 2050 and will develop a "Sustainability Action Plan", which will identify specific sustainability actions the City will take as it implements the target GHG reductions in the OCP. These actions will be reviewed every five years and will be tracked through a set of performance measures to assess progress, including meeting the community GHG reduction targets. Meeting our targets can only be achieved through the actions taken by everyone in the community. This includes working at a regional level with the Regional District of Nanaimo through its Community Energy and Emissions Plan (CEEP).

As part of its next step, the City will: encourage the planning, design and construction of energy-efficient neighbourhoods and buildings in order to help minimize the use of non-renewable energy; promote the use of clean and efficient on-site energy supply systems; and promote investment in energy efficient design features for sites and buildings, as part of the City's efforts to develop a compact and complete urban form.

Objectives

To reduce greenhouse gas emissions. Establish a target for reduction of GHG emissions as part of a commitment to minimizing our climate change impact.

To encourage energy efficiency. Through the planning, design and construction of energy-efficient neighbourhoods and buildings.

99 Bylaw No. 6500.010 Schedule A Page 2

To reduce energy consumption and reduce local pollution. Improve community liveability and air quality by reducing local sources of pollution through reducing energy consumption and increasing the use of cleaner energy alternatives.

To foster the development of new energy supply options.

Policies

1. Greenhouse Gas Emission Target

The City of Nanaimo will work to reduce emissions by 33% below 2007 emissions levels by the year 2020. Over the long-term, the City will continue to work toward reducing emissions by 80% of 2007 emissions levels by the year 2050. A "Sustainability Action Plan" will be developed to identify sustainability actions to achieve the City targets for GHG emission reduction.

2. The City of Nanaimo shall encourage greater energy efficiency in the planning, design, and construction of neighbourhoods and buildings by developing a strategy that focuses on both new and existing built stock, and which encourages and / or requires the planning, design and construction of energy-efficient neighbourhoods and buildings.

3. Developing a sustainability "checklist" for use during rezonings and as part of the development permit process. The checklist should cover environmental, social and economic priorities of the community and assess proposals from a sustainable development perspective. The checklist is intended to direct builders to think about a range of sustainable building issues including:

The use of an integrated design team approach as part of the development process; Building sites (setting environmental goals - incorporating Leadership in Energy and Environmental Design (LEED) Green Building Rating System ™ or equivalents where possible; preserving and encouraging biodiversity, protecting vegetation, watercourse and wildlife habitat, recharging and protecting groundwater; incorporating alternative rainwater controls and flows offsite; encouraging alternative transportation use; reusing topsoil; optimizing renewable or alternative energy; moderating urban heat island effect; facilitating composting and recycling); Construction and design (reducing water use; reducing or eliminating pesticide use; reducing energy use; providing daylighting and views; salvaging from existing structures; reusing construction and demolition waste); and Building durability and design (designing for durability; making efficient and responsible use of materials; using sustainable wood sources; minimizing pollutants ).

4. Developing comprehensive parking plans to reduce the impact of vehicles and to encourage transit, pedestrian and cycle use. Parking plans should address: areas such as parking supply ratios, parking prices, a shared use of parking among mixed use developments, parking location and design, connections to cycle and pedestrian networks, and trip reduction initiatives.

100 Bylaw No. 6500.010 Schedule A Page 3

5. Supporting the development of innovative green spaces such as green roofs and landscape designs that will reduce the urban heat island effect and contribute toward the City's Urban Forest goals.

6. Encouraging the development of alternative energy supply options.

7. Encouraging multi-use buildings to take advantage of waste heat utilization and to share energy needs.

8. While incorporating Crime Prevention Through Environmental Design (CPTED) principles, encouraging landscaping which can buffer buildings from wind and sun and which help reduce heating and cooling needs.

9. Encouraging building design and features (i.e., windows) which reduce energy needs, including the use of local or recycled construction materials, and the installation of water efficient appliances.

10. In Industrial areas, support businesses in developing an eco-industrial network to build efficiencies in energy, resource use, and waste management.

101 CITY OF NANAIMO

BYLAW NO. 6500.011

A BYLAW TO AMEND THE CITY OF NANAIMO "OFFICIAL COMMUNITY PLAN BYLAW 2008 NO. 6500"

WHEREAS the Council of the City of Nanaimo wishes to amend City of Nanaimo "OFFICIAL COMMUNITY PLAN BYLAW 2008 NO. 6500";

THEREFORE, BE IT RESOLVED that the Municipal Council of the City of Nanaimo, in open meeting assembled, ENACTS AS FOLLOWS:

1. This Bylaw may be cited as the "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2010 NO. 6500.011".

2. The City of Nanaimo "OFFICIAL COMMUNITY PLAN BYLAW 2008 NO. 6500" is hereby amended as set out in Schedules A and B to this Bylaw.

PASSED FIRST READING _____ PASSED SECOND READING _____' PUBLIC HEARING HELD ______PASSED THIRD READING _____' ADOPTED ______

MAYOR

DIRECTOR, LEGISLATIVE SERVICES

File: OCP00057 Applicant: City of Nanaimo

102 Bylaw No. 6500.011 Schedule A

SCHEDULE A

1. Section 7.8, Table 6 (Implementation Strategy) of the "OFFICIAL COMMUNITY PLAN BYLAW 2008 NO. 6500" is amend~d by:

Adding '2009' as a completion date for the Implementation Action 'Develop Urban Node plans, South Nanaimo'.

103 Bylaw No. 6500.011 Schedule B

SCHEDULE B

1. Map 1 (Future Land Use Plan) of the "OFFICIAL COMMUNITY PLAN BYLAW 2008 NO. 6500" is amended as follows:

Redesignating the subject property known as

4050 Morningside Drive (Lot 4, District Lot 41, Wellington District, Plan 37808; PID 001 035 380)

from 'Neighbourhood' to 'Parks and Open Space'.

104 2010-MAR-22 STATUS OF BYLAWS PAGE 1

4000.328 "ZONING BYLAW AMENDMENT BYLAW 2003 NO. 4000.328" (ZA1-60 - text amendment to incorporate recommendations of the Neighbourly House Committee re: Protection Island Zone.)

Passed first and second readings 2003-JUN-09. Public Hearing held 2003-JUL-03.

4000.387 "ZONING BYLAW AMENDMENT BYLAW 2006 NO. 4000.387" (RA130 - to allow "Parking Lots' as a site-specific use at 3054 and 3058 Barons Road.)

Passed first and second readings 2006-FEB-13. Public Hearing held 2006-MAR-02. Passed third reading 2006-MAR-13. Approved by Ministry of Transportation 2006-MAR-22.

4000.399 "ZONING BYLAW AMENDMENT BYLAW 2006 NO. 4000.399" (To add additional requirements for the siting of heat pumps and central air conditioning units.)

Passed first and sec9nd readings 2006-AUG-14. Public hearing held 2006-SEP-07. Requires third reading and approval from Ministry of Transportation prior to final adoption.

4000.402 "ZONING BYLAW AMENDMENT BYLAW 2006 NO. 4000.402" (RA172 - to rezone from Single Family Mobile Home Residential Zone (RS-3) to Public Institution Zone (P-2) in order to allow seniors care facility of up to 75 rooms at 6121 Hammond Bay Road.)

Passed first and second readings 2006-0CT-16. Public Hearing held 2006-NOV-02. Passed third reading 2006-NOV-20. Requires registration of a restrictive covenant prior to final adoption.

4000.407 "ZONING BYLAW AMENDMENT BYLAW 2006 NO. 4000.407" (RA180 - to rezone part of property from Single Family Residential Zone (RS-1) to Residential Duplex Zone (RM-1) in order to construct three duplex's at 5640 Hammond Bay Road.)

Passed first and second readings 2006-NOV-20. Public Hearing held 2006-DEC-07. Passed third reading 2006-DEC-18. Requires registration of a restrictive covenant prior to final adoption.

4000.444 "ZONING BYLAW AMENDMENT BYLAW 2008 NO. 4000.444" (RA206 - to rezone property from Transition Industrial Zone (1-1) to Comprehensive Development District Zone (CD-6) in order to facilitate the construction of a mixed use commercial and residential development at 2124 and 2126 Northfield Road)

Passed first and second readings 2008-SEP-29. Public Hearing held 2008-0CT-16. Passed third reading 2008-0CT-20. Approved by Ministry of Transportation 2008-0CT-29. Requires registration of a restrictive covenant approval prior to final adoption.

105 2010-MAR-22 STATUS OF BYLAWS PAGE 2

4000.445 "ZONING BYLAW AMENDMENT BYLAW 2008 NO. 4000.445" (to rezone a portion of property from Rural 1 (RU1D) to Regional Shopping Town Centre Commercial Zone (C-1) in order to facilitate the construction of a commercial development)

Passed first and second readings 2008-0CT-20. Public Hearing held 2008-DEC-04, Passed third reading 2008-DEC-15. Received Ministry of Transportation approval on 2008-DEC-29. Requires covenant registration prior to adoption.

4000.449 "ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.449" (RA207- to rezone the subject property from Residential Duplex Zone (RM-1) to Public Institution Zone (P-2) in order to permit the use of "Administrative Office").

Passed first and second reading 2009-APR-06. Public Hearing held 2009-MAY-07. Passed third reading 2009-MAY-25. Received Ministry of Transportation approval 2009-JUN-15.

4000.459 "ZONING BYLAW AMENDMENT 2009 NO. 4000.459" (RA119 - to rezone 240 Nicol Street from Commercial Service Zone [C-13] to Comprehensive Development District Zone [CD-7] in order to facilitate a multi-family development)

Passed first and second readings 2010-FEB-08. Requires Ministry of Transportation approval and covenant registration prior to adoption.

4000.460 "ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.460" (RA211 - 970 & 972 Brechin Road - to rezone property from Residential Duplex Zone [RM-1] to Residential Triplex and Quadruplex Zone (RM-2] in order to legalize an existing quadruplex [fourplex]).

Passed first and second reading 2009-0CT-05. Public Hearing held 2009-NOV-05. Passed third reading 2009-NOV-23. Requires Ministry of Transportation approval prior to adoption.

4000.462 "ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.462" (RA217 - to permit a site specific text amendment to the Light Industrial Zone [1-2] in order to permit the use of "Boat and Marine Equipment Sales, Service and Rentals")

Passed first and second reading 2009-SEP-14. Public Hearing held 2009-0CT-08. Passed third reading 2009-0CT-26. Requires Ministry of Transportation approval prior to adoption.

4000.464 "ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.464" (RA226 - 635 Second Street - to rezone property from Single Family Residential Zone [RS-1] to Single Family Small Lot Zone [RS-6] in order to facilitate a 3 lot subdivision).

Passed first and second reading 2009-0CT-05. Public Hearing held 2009-NOV-05. Passed third reading 2009-NOV-23. Requires covenant registration prior to adoption.

106 2010-MAR-22 STATUS OF BYLAWS PAGE 3

4000.466 "ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.466" (RA228 - to rezone 5876 Shadow Mountain Road from Single Family Residential Zone [RS-1] to Residential Triplex and Quadruplex Zone [RM-2] in order to facilitate the construction of a multi-family development).

Passed first and second reading 2010-JAN-11. Public hearing held 2010-FEB-04.

4000.467 "ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.467" (RA218 - to rezone 5220 Metral Drive from Single Family Residential Zone [RS-1] to Comprehensive Development District Zone 7 [CD-7] to facilitate the construction of a mixed-use development).

Passed first and second reading 2009-NOV-09. Passed third reading 2009-DEC-14. Requires Ministry of Transportation approval and covenant registration prior to adoption.

4000.468 "ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.468" (RA230 - to rezone 6155 Metral Drive from Single Family Residential Zone [RS-1] to Mixed Use Commercial Zone [C-4] to facilitate the construction of a mixed-use development).

Passed first and second reading 2009-NOV-09. Passed third reading 2009-DEC-14. Requires Ministry of Transportation approval and covenant registration prior to adoption.

4000.469 "ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.469" (RA216 - to rezone 446 Milton Street from Old City Low Density Residential [Fourplex] Zone [RM-9] to Old City Medium Density Multiple Family Residential Zone [RM-10] to facilitate the construction of a multi-family development)

Passed first and second readings 2009-DEC-14. Public Hearing held 2010-JAN-14. Passed third reading 2010-JAN-25. Requires Ministry of Transportation approval and covenant registration prior to adoption.

4000.470 "ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.470" (RA225 - to rezone 3 Leam Road from Single Family Residential Zone [RS-1] to Medium Density Multiple Family Residential [Suburban] Zone [RM-5] to facilitate the construction of a multi-family residential development)

Passed first and second readings 2009-DEC-14. Public Hearing held 2010-JAN-14. Passed third reading 2010-JAN-25. Requires Ministry of Transportation approval and covenant registration prior to adoption.

4000.4000.472 "ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.472" (RA234 - to rezone 5040 Hammond Bay Road from Single Family Residential Zone [RS-1] to Residential Duplex Zone [RM-1] and Single Family Residential Small Lot Zone [RS-6] to facilitate subdivision of the lot)

Passed first and second readings 2009-DEC-14. Public hearing held 2010-FEB-04. Passed third reading 201 0-FEB-22. Requires covenant registration prior to adoption.

107 2010-MAR-22 STATUS OF BYLAWS PAGE 4

4000.473 "ZONING BYLAW AMENDMENT BYLAW 2009 NO. 4000.473" (RA225 - to rezone a portion of 6057 Doumont Road from Single Family Residential Zone [RS-1] to Medium Density Multiple Family (Suburban) Zone [RM-5] in order to facilitate the construction of a multi-family development).

Passed first and second reading 2010-JAN-11. Public hearing held 2010-FEB-04. Passed third reading 2010-FEB-22.

7099 "SOUTH WEST BULK WATER RATE BYLAW 2010 NO. 7099" (to establish the rate for bulk water supply to south west as $1.50 per thousand gallons).

Passed first three readings 2010-MAR-OB. g:\bylaws\agenda\bylawstatus.doc

108 BChgdro m FOR GENERATIONS OO@~ Bev Van Ruyven Acting President and CEO MAR 0 5 2010

February 25, 2010 LEGISLATNE SERVICES.

His Worship Mayor John Ruttan City of Nanaimo 455 Wallace Street Nanaimo, BC V9R 5J6

Dear Mayor Ruttan and Council:

I am writing to encourage you to sign up again this year to the World Wildlife Fund's (WWF) annual Earth Hour event.

In 2009, your community played an important role in promoting energy conservation and addressing the global climate change problem through its involvement in Earth Hour. By participating in this years event, scheduled for March 27, 2010, you will demonstrate your ongoing effort to save energy and address global climate change. You can join the Earth Hour effort by visitingwww.EarthHourCanada.org .

As a sponsor of Earth Hour 2010, BC Hydro is working with the WWF and communities like yours to make a difference. This is a world-wide event involving millions of people and your ongoing involvement with Earth Hour is commendable.

If you have any questions or would like to share your Earth HoUr plans with us please contact the BC Hydro Community RelationsManager in your region. ·Ted Olynyk can be reached at 250 755-7180 in Nanaimo or by email [email protected].

Your contribution to Earth Hour is valuable and appreciated. I urge you to take the opportunity to highlight your participation and save energy in your community again this yeaI'.

Yours sincerely, ~~.~

Bev Van Ruyven

c: Ted Olynyk, Manager, Community Relations Vancouver Island

British Columbia Hydro and Power Authority BChydro m 333 Dunsmuir Street. Vancouver BCV6B 5R3 vancouver 2010 vancouver 2010 OFFICIAL SUPPORTER bchydro.com f'ARALYMf'lC CAMES ."- JEUKPARAlYMI'IQUES ll-...J 109 @ A09-413 DELEGATION REQUEST

Nanaimo Marine Rescue Society- Ruth Sharun (presenter) has requested an appearance before council.

The requested date is Mar 22, 2010.

The requested meeting is: Council

Presenter's information

Address: 6454 Lasalle Road City: Nanaimo Province: BC Postal Code: V9V 1P3 Home Phone: 250-390-9024 Email: [email protected] Business Phone: 250-619-5030

Details of Presentation:

The Nanaimo Marine Rescue Society would like to do a short presentation regarding our organization and our fundraising efforts to purchase an enclosed vessel to better serve the community's marine emergency response needs. We would like to request the City's support to complete our fundraising goal.

We have a short powerpoint and written material to distribute. Please let me know to whom these should be e-mailed prior to the presentation.

Thank you. Ruth Sharun Unit Leader CCGA Unit 27 Nanaimo

110 CITY OF NANAIMO [ID@@D\~[30 MAR 1 7 2010

year month day

COUNCIL (at 7:00 p.rn. in the Shaw Auditorium, 80 Commercial Street)

o FINANCE I POLICY COMMITTEE OF THE WHOLE (at 4:30 p.m. in the City Hall Board Room, 455 Wallace Street)

NAME OF PERSON MAKING PRESENTATION: V! / / h () /I ~~UOJ

ADDRESS: 2 2 / PI/)e S t (Ie e t !Von CII m 0 /];- C, Postal Code PHONE: (256) 7~~d:es; 2 7(} 5//;;£ F;;:vince / home business ------

NAME OF APPLICANT IF OTHER THAN ABOVE: __S--=-/l,--,-~------,tE,,---- ______

o / ~CO J1 /t; ~/l CJ1o{).(1 La flo. a -tl' Do ~ S e (IV /l7q ;/7 AI'Jhaw l~ttfl,E' NOTE . Electronic presenYations must be provided on a CD or bye-mail no later than 9:00 a.m. the day of the Meeting. Please submit a written copy of your presentation to the Recording Secretary either at, or prior to, the Meeting. Multiple speakers on a single issue or topic shall be given 5 minutes each to make their presentations as per Section 18 of the Council Procedure Bylaw.

Phone: (250) 755-4405 Legislative Services Department Fax: (250) 755-4435 455 Wallace Street, Nanaimo BC V9R 5J6 [email protected] III VANCOUVER ISLAND MILITARY MUSEUM SOCIETY 255 - 4750 Rutherford Road, Nanaimo, B.C. V9T 4K6 Telephone: 250756-2554, Fax: 250 756-3009 Email: [email protected] www.nanaimo.ark.coml~vimm

HONOURARY PAST PATRONS

The Honourable Iona Campagnolo Operation "Nanaimo-Gram" - a Project from the Heart of Nanaimo to Our P.c., C.M., O.B.c. Heroes in Afghanistan.

The Hon. David C.Lam c.V.O., C.M., K. St. J., O.B.C., Operation "Nanaimo-Gram" stands for §.reetings Recognizing 6rmed Forces B.c., (Econ)., M.B.A., LL.D., Members in Afghanistan. It is a project of the Vancouver Island Military D. Mil Sc., D.H.L., D.H. Museum in conjunction with the City of Nanaimo. Col. The Hon. Robert G. Rogers O.c., K. St. J., O.B.C., L.L.D., Our mission is to recognize the important and courageous job our Canadian D.Se.M., C.D. troops are doing in Afghanistan by sending them a City of Nanaimo flag signed Brig. The Hon. H.P. Bell-Irving by groups and service clubs all over the city. A second flag will be sent over for O.C., D.S.O., O.B.E., K. St. J. O.B.C., E.D., C.D. the troops to sign and return to us. We will also urge residents to sign our Book(s) of Greetings which will be on display at strategic locations such as City HONOURARY PRESIDENT Hall, schools and our Museum. These will accompany the flags to Afghanistan. Cdr. (Ret) Evan Petley-Jones CD We have been assured that they will be viewed by soldiers serving everywhere Canada's mission in Afghanistan takes them. We will not let our troops feel they have been forgotten.

This report is submitted on behalf of the Nanaimo-Gram Committee of the Vancouver Island Military Museum.

Museum Contacts: Roger Bird, Joe Hazelzet, Will Frankling

(250) 755-1270 [email protected]

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