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September 29, 2008 AGENDA FOR THE REGULAR MEETING OF THE TWENTY-THIRD COUNCIL OF THE CITY OF NANAIMO, TO BE HELD IN THE SHAW AUDITORIUM, 80 COMMERCIAL STREET, NANAIMO, BC, ON MONDAY, 2008-SEP-29, COMMENCING AT 7100 P.M. 1. CALL THE REGULAR MEETING OF COUNCIL TO ORDER: 2. INTRODUCTION OF LATE ITEMS: 3. ADOPTION OF AGENDA: 4. ADOPTION OF MINUTES: (a) Minutes of the Regular Meeting of the Twenty-Third Council of the City Pg. 14-22 of Nanaimo held in the Shaw Auditorium, 80 Commercial Street, Nanaimo, BC, on Monday, 2008-SEP-08 at 7:00 p.m. 5. PRESENTATIONS: (a) Mayor Korpan to present Freedom of the City honours to the following members of the 1975 Nanaimo City Council for their outstanding contribution to the City of Nanaimo: Mr. Frank Ney, Ms. Gertrude Hall, Mr. Ray Brookbank, Mr. Ted Kelly, Mr. Ken Medland, Mr. Gino Sedola, Mr. Alex Virostko, Mr. Jim Moffat, and Mr. Alex Ferguson. (b) Mr. P. Kristensen, Director of lnformation Technology, and Mr. G. Ferrero, Manager of Business Applications, lnformation Technology Department, to unveil the City of Nanaimo's new website. 6. DELEGATIONS PERTAINING TO AGENDA ITEMS: (10 MINUTES) (a) Mr. Brian Pettit and Ms. Jacqui Kaese, 280 Calder Road, Nanaimo, BC, Pg. 23 V9R 6J1, in support of the proclamation request for Diabetes Month and Diabetes Day, and further request approval to shine a blue light on an iconic landmark in the City of Nanaimo on 2008-NOV-14 in recognition of "DIABETES DAY [See ltem 8 (0 - Proclamations.] (b) Mr. Nelson Allen, Ms. Christina Knighton and Ms. Kathryn Jane Hazel of Pg. 24-27 Pacific Gardens Cohousing, requesting that Council consider a reduction in the overall costs of the Pacific Gardens Cohousing community project at 347 Seventh Street in the amount of $200,000. [See ltem II (c) - Staff Reports.] (c) Ms. Sharon Kofoed, 2322 Panorama View Drive, Nanaimo, BC, Pg. 28 V9R 6T1, regarding the proclamation of 2008-NOV-02 to 2008-NOV-09 as "NATIONAL PAIN AWARENESS WEEK in the City of Nanaimo. [See ltem 8 (g) - Proclamations.] COUNCIL 2008-SEP-29 PAGE 2 7. MAYOR'S REPORT: 8. PROCLAMATIONS: (a) That 2008-SEP-20 to 2008-SEP-27 is "NATIONAL RESPONSIBLE Pg. 29-30 DOG OWNERSHIP WEEK and that 2008-SEP-27 is "RDOG DAY in the City of Nanaimo. (b) That the month of October is "FOSTER FAMILY MONTH" in the City of Pg. 31-33 Nanaimo. (c) That 2008-OCT-05 is "CHURCH OF THE NAZARENE DAY in the City Pg. 34 of Nanaimo. (d) That 2008-OCT-05 to 2008-OCT-11 is "FIRE PREVENTION WEEK: Pg. 35 PREVENT HOME FIRES" in the City of Nanaimo. (e) That 2008-OCT-19 to 2008-OCT-25 is "WASTE REDUCTION WEEK in Pg. 36-37 the City of Nanaimo. (f) That the month of November is "DIABETES MONTH" and that Pg. 38 2008-NOV-14 is "DIABETES DAY in the City of Nanaimo. (g) That 2008-NOV-02 to 2008-NOV-09 is "NATIONAL PAIN Pg. 39 AWARENESS WEEK" in the City of Nanaimo. 9. COMMISSION REPORTS: 10. COMMITTEE REPORTS: (a) Advisory Committee on the Environment - Cosmetic Pesticide Pg. 40-44 Reduction Strategy Committee's Recommendations: That Council direct Staff to: I. establish a homeowner education program on the alternatives to pesticides beginning in March 2009 and refer the request for $25,000 for the implementation of the program to the 2009 budget deliberations for consideration; AND: 2. participate in the Plant Health BC Accreditation Program and contribute funding (up to $2,000) plus in-kind support toward the development of a horticultural industry outreach/education program coordinated through the Institute of Sustainable Horticulture at Kwantlen Polytechnic University; COUNCIL 2008-SEP-29 PAGE 3 AND: 3. draft a bylaw to restrict the use of pesticides for cosmetic purposes on residential properties and present to Council by April 2009. The bylaw would not come into force until one year after adoption (April 2010). The bylaw would be reviewed by representatives of the lawn and garden industry and interested community members as part of the research process; AND: 4. review both the public education program and bylaw in three years at the conclusion of the Plant Health BC accreditation pilot program. Assess the success of the program and make adjustments depending on its success in lowering cosmetic pesticide use and on whether the Federal or Provincial government has banned or restricted the sale of domestic pesticides. (b) Grants Advisory Committee - 2008 Recommendations Committee's Recommendations: That Council: I. award an Other Grant to assist with symposium costs to Nanaimo Citizens on Patrol (OG-02) - $2,000.; AND: 2. award a Security Check Grant to Nanaimo Arts Alive Summer School for the Fine Arts Society (SC-01) - $300.; AND: 3. award Permissive Tax Exemptions as follows: Central Vancouver Island Centre for the Arts (PTE-06) be placed on the 2009 Permissive Tax Exemption Bylaw for property it leases at 25 Victoria Road (82336.000). Nanaimo Affordable Housing (PTE-07) be placed on the 2009 Permissive Tax Exemption Bylaw for property it leases at 350 Prideaux Street (86080.100). BC Cancer Foundation (PTE-08) be placed on the 2009 Permissive Tax Exemption Bylaw for property it leases at 203 - 4750 Rutherford Road (P=07003.205). Nanaimo Telephone Visiting Society (PTE-09) be placed on the 2009 Permissive Tax Exemption Bylaw for property it leases at 2080 -2520 Bowen Road (P=05447.100); AND: COUNCIL 2008-SEP-29 PAGE 4 4. denV cash in lieu of 2008 Permissive Tax Exemptions to the following applicants: BC Cancer Foundation (PTE-08) for property at 203 - 4750 Rutherford Rd. BC Old Age Pensioners Branch #4 (PTE-04) for property at 2465 Labieux Road; AND: 5. & a Permissive Tax Exemption to the BC Old Age Pensioners Branch # (PTE-04): 2465 Labieux Road (05426.150); AND: 6. deny a Permissive Tax Exemption to the Park Congregation of Jehovah's Witnesses (PTE-05): 1064 Old Victoria Road (162 16.000). (c) Plan Nanaimo Advisorv Committee - Revised Terms of Reference Pg. 47-53 Committee's Recommendation: That Council endorse the revised Terms of Reference for the Plan Nanaimo Advisory Committee. 11. STAFF REPORTS: (blue) DEVELOPMENT SERVICES: (a) Amendments to Citv of Nanaimo Sign Bvlaw Pg. 54-55 Staff's Recommendation: That Council consider giving first, second and third readings to "SIGN BYLAW AMENDMENT BYLAW 2008 NO. 70817', which appears under the bylaw section of this evening's agenda. (b) Housekeeping Amendments to City of Nanaimo Zoning Bylaw Pg. 56-67 Staff's Recommendation: That Council consider giving first and second readings to "ZONING BYLAW AMENDMENT BYLAW 2008 NO. 4000.441", which appears under the bylaw section of this evening's agenda. (c) Reductions in Development Cost Charges Pg. 68-70 Staff's Recommendations: That Council: I. consider giving first, second, and third readings to "BYLAW TO REDUCE DEVELOPMENT COST CHARGES (NOT-FOR- PROFIT RENTAL HOUSING) BYLAW 2008 NO. 7082'; which appears under the bylaw section of this evening's agenda. COUNCIL 2008-SEP-29 PAGE 5 AND: 2. consider giving first, second, and third readings to "HOUSING AGREEMENT BYLAW NO. 7083': which appears under the bylaw section of this evening's agenda. (d) RA206 - 2124 & 2126 Northfield Road Pg. 71-77 Staff's Recommendations: That Council: 1. consider giving first and second readings to "ZONING BYLAW AMENDMENT BYLAW 2008 NO. 4000.444'; which appears under the bylaw section of this evening's agenda; AND: 2. direct Staff to secure road dedication, lot consolidation, trail right-of-way, and register a covenant to secure pre-development storm levels, erosion control plan, and the community contribution. (e) RA210 - 4750 Rutherford Road Pg. 78-85 Staff's Recommendations: That Council: 1. provide direction regarding the proposed rezoning of the subject property; AND: 2. if Council is prepared to support first and second reading of "ZONING BYLA W AMENDMENT BYLAW 2008 NO. 4000.443': direct Staff to secure the proposed community contribution. This bylaw appears under the bylaw section of this evening's agenda. (f) DP567 - 4889 Wills Road Pg. 86-101 Staff's Recommendation: That Council issue Development Permit No. DP567 at 4889 Wills Road in order to permit construction of a mixed-use development on the subject property. The application has three proposed variances: Required Yard Setbacks The required yard setback on Rutherford Road is 7.5 metres (24.6 feet). The proposed building siting is 0.9 metres (3 feet), a proposed variance of 6.6 metres (21.7 feet). Buildinq Height Building I - The maximum building height is 14 metres (46 feet). The proposed building height is 15 metres (49.2 feet), a proposed variance of 1 metre (3.2 feet). COUNCIL 2008-SEP-29 PAGE 6 Building 2 - The maximum building height is 14 metres (46 feet). The proposed building is 14.25 metres (46.75 feet), a proposed variance of 0.25 metres (0.75 feet). (g) DVP134 - 699 Western Acres Road Pg. 102-105 It is requested that Council hear anyone wishing to speak with respect to DVPI 34. Staff's Recommendation: That Council issue Development Variance Permit No. DVP134 at 699 Western Acres Road to vary the servicing requirement that each new lot created be serviced by a connection to a community sanitary sewer system in order to allow an application for subdivision of the parent parcel to reinstate previously existing lot lines and recreate three original lots. (h) Report of the Public Hearing Held Thursday, 2008-SEP-04 for Bylaw Pg. 106-120 No. 6500.001 [Note: Due to the volume of material, the Schedules have not been included in the agenda but a copy is available for viewing in the Legislative Services Department, the Councillor's Office, and at the meeting.] Staff's Recommendation: That Council receive this Report and the Minutes of the Public Hearing held on Thursday, 2008-SEP-04 for Bylaw No.
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