AGENDA FOR THE REGULAR MEETING OF THE TWENTY-THIRD COUNCIL OF THE CITY OF NANAIMO, TO BE HELD IN THE REGIONAL DISTRICT OF NANAIMO BOARD CHAMBERS, 6300 HAMMOND BAY ROAD, NANAIMO, BC ON MONDAY, 2007-MAR-26, COMMENCING AT 7100P.M.
CALL THE REGULAR MEETING OF COUNCIL TO ORDER:
INTRODUCTION OF LATE ITEMS:
ADOPTION OF THE AGENDA:
ADOPTION OF MINUTES:
(a) Minutes of the Regular Meeting of the Twenty-Third Council of the City of Nanaimo held in the Regional District of Nanaimo Board Chambers, 6300 Hammond Bay Road, Nanaimo, BC, on Monday, 2007-MAR-12 at 7:00 p.m.
PRESENTATIONS:
(a) Ceremony to sign Good Neighbour Agreement for the New Hope Centre.
DELEGATIONS PERTAINING TO AGENDA ITEMS: (10 MINUTES)
MAYOR'S REPORT:
(a) Media Advisory regarding "VICC Wins Engineering Award." Pg. 8-9
PROCLAMATIONS:
(a) Mrs. Sharon Paugh, Beta Sigma Phi, 3851 King Arthur Drive, Nanaimo, Pg. 10-11 BC, V9T 6B9, requesting that 2007-APR-29 to 2007-MAY-05 be proclaimed "BETA SIGMA PHI WEEK in the City of Nanaimo.
(b) Ms. Denyse McCullough, Unit President, Canadian Cancer Society, Pg. 12-13 British Columbia and Yukon, Nanaimo Unit, 777E Poplar Street, Nanaimo, BC, V9S 2H7, requesting that the month of April, 2007, be proclaimed "CANADIAN CANCER SOCIETY'S DAFFODIL MONTH" in the City of Nanaimo.
9. REPORTS OF ADVISORY BODIES: COUNCIL 2007-MAR-26 PAGE 2
10. PARKS, RECREATION AND CULTURE COMMISSION:
11. STAFF REPORTS: (blue)
DEVELOPMENT SERVICES:
(a) DVPI 04 - Hawthorne Subdivision
Staff's Recommendation: That Council:
I. direct Staff to proceed with the required Statutory Notification for Development Variance Permit No. DVPI 04 for the Hawthorne Subdivision to vary the frontyard setback from 6 metres (19.69 feet) to 4.5 metres (14.76 feet);
AND:
2. if Council is prepared to consider statutory notification, direct Staff to secure the proposed design principles as conditions of the variance permit,
(b) DVPI I1- 5230 Fillinner Crescent
Stars Recommendation: That Council direct Staff to proceed with the required Statutory Notification for Development Variance Permit No. DVPI 11 at 5230 Fillinger Crescent to vary the maximum gross floor area from 390.18 square metres (4,200 square feet) to 468.2 square metres (5,040 square feet) to construct a two storey level entry single family dwelling.
(c) DVPI 12 - 3323 Savannah Place
Stars Recommendation: That Council direct Staff to proceed with the required Statutory Notification for Development Variance Permit No. DVPI 12 at 3323 Savannah Place to vary the gross floor area from 390.18 square metres (4,200 square feet) to 424.4 square metres (4,566.4 square feet) in order to accommodate a covered rear and side deck.
(d) DVPI 13 - 3319 Savannah Place Pg. 33-41
Stars Recommendation: That Council direct Staff to proceed with the required Statutory Notification for Development Variance Permit No. DVPl13 at 3319 Savannah Place to vary the gross floor area from 390.18 square metres (4,200 square feet) to 433.6 square metres (4,667.2 square feet) in order to accommodate a covered rear porch. COUNCIL 2007-MAR-26 PAGE 3
(e) CIP1825 - Referral Request for Water Lease - 172 Captain Pg. 42-65 Morgans Boulevard (Protection Island)
Staffs Recommendation: That Council either:
I. support the application and recommend the Crown grant the lease;
OR:
2. not support the application and recommend the Crown not grant the lease;
OR:
3. provide no comment with respect to this application.
(f) Road Closure Bylaw - Goodwin Road - BYLAW 2007 NO. 7045 Pg. 66
Staff's Recommendation: That Council:
I. consider giving first two readings to "ROAD CLOSURE BYLAW 2007 NO. 7045," which appears under the bylaw section of this evening's agenda;
AND:
2. approve, in principal, the sale of the proposed road closure area to Malaview Developments Ltd. for the sum of $237,000.
(g) Expropriation of Right-of-way - 2500 Crystal Brook Way Pg. 67-69
Staff's Recommendation: That Council consider giving first three readings to "EXPROPRIATION BYLAW NO. 7048," which appears under the bylaw section of this evening's agenda, authorizing the City of Nanaimo to expropriate a right-of-way at 2500 Crystal Brook Way.
(h) Propertv Disposal - 825 Milton Street Pg. 70-71
Staff's Recommendation: That Council authorize the Mayor and General Manager, Development Services, to execute the necessary documents to complete the sale of 825 Milton Street to Paul Edward 0 Carroll for the sum of $5,000. COUNCIL 2007-MAR-26 PAGE 4
(i) Unresolved Buildinq Deficiencies - Notice on Title (Section 57) Pg. 72-75
It is requested that Council hear anyone wishing to speak with respect to unresolved building deficiencieslillegal suiteslgrow operations for the following properties:
(1) 2663 Willow Grouse Crescent - Illegal Construction 1 Secondary Suite (2) 21 19 Bay Street - Illegal Construction 1 Secondary Suite (3) 4022 Uplands Drive - Illegal Grow-Op 1 Roof Cover (4) 31 Lebarz Road - Illegal Grow-Op 1 Enclosed Carport
Staffs Recommendation: That Council, by resolution, instruct the Director of Legislative Services to file a Bylaw Contravention Notice respecting the above property(ies) at the Land Title and Survey Authority of British Columbia under Section 57 of the Community Charter.
(j) Unresolved Building Deficiencies - Remedial Action Requirements Pg. 76-85 /Section 72/73)
It is requested that Council hear anyone wishing to speak with respect to unresolved building deficiencieslillegal suiteslgrow operations for the following properties:
(1) 4022 Uplands Drive (2) 31 Lebarz Road (3) 3147 Smugglers Hill Drive (4) B2-2575 McCullough Road
Staffs Recommendation: That Council, by resolution, pursuant to Sections 72(2) and 73(1) of the Community Charter, order the owner(s) to remove the structure or bring it up to standard within thirty (30) days and that any cost incurred by the Municipality be recovered pursuant to the Community Charfer.
(k) Unsightly Premises - Property Maintenance Bylaw No. 3704 Pg. 86-87
It is requested that Council hear anyone wishing to speak with respect to unsightly premises for the following properties:
(1) 4394 Tiki Way
Staffs Recommendation: That Council, pursuant to "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704" and amendments thereto, direct the owner(s) of the above property(ies) to remove from the premises those items as set out in the resolutions within fourteen (14) days, or the work will be undertaken by the City's agents at the owner(s) cost. COUNCIL 2007-MAR-26 PAGE 5
COMMUNITY SERVICES:
(I) Terasen Gas Locate Policy
Staffs Recommendation: That Council pass the following resolution and bring it forward at the Association of Vancouver Island Coastal Communities (A VICC) Annual General Meeting:
NATURAL GAS LINE LOCATION BY GAS UTILITIES
WHEREAS pursuant to the Gas Safety Regulation, BC Reg. 103/2004, under the Safety Standards, Act, SBC 2003 c.39, a gas utility company has the option of indicating the location of buried gas lines by way of a plan provided to the local government rather than marking out the location on site;
AND WHEREAS the installation methods for buried natural gas lines in many instances result in deflection from the intended alignment, with the result that plans provided by the major natural gas utility in the Province are not conducive to accurate location of gas lines in the field;
AND WHEREAS the consequences of a gas line rupture can be extremely serious for residents, businesses and local government employees;
THEREFORE BE IT RESOLVED THAT the Province be asked to amend the Gas Safety Regulation to require the gas utility company to attend on site to mark out buried gas line locations in connection with excavation work.
(m) Terminal Avenue / Terminal Park Intersection Upgrades Pg. 91-92
Staff's Recommendation: That Council award the contract for the Terminal Avenue / Terminal Park lntersection Upgrades to the low tenderer, Hub City Paving, for the low bid of $655,035.85.
12. INFORMATION ONLY ITEMS:
(a) Report from Fire Chief Ron Lambert re: Fire Station No. 4 Pg. 93-94 Environmental and Energy Efficient Measures.
13. RECONSIDERATION OF BYLAWS:
(a) That "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.409" Pg. 95-97 (RA177 - to rezone from Rural Agricultural/Residential Zone (A-2) to Light Industrial Zone (1-2) at 4910 Goodwin Place) be adopted. COUNCIL 2007-MAR-26 PAGE 6
(b) That "LAND USE CONTRACT DISCHARGE BYLAW 2007 NO. 7042" Pg. 98-99 (RA177 to discharge Land Use Contract 1845 to allow for subsequent rezoning and lot consolidation with adjacent properties at 4910 Goodwin Place) be adopted.
(c) That "FEES AND CHARGES BYLAW 2007 NO. 7041" (to establish fees Pg. 100-104 and charges for various City of Nanaimo Departments) be adopted.
14. INTRODUCTION OF BYLAWS:
(a) That "HIGHWAY CLOSURE AND DEDICATION REMOVAL (PORTION Pg. 105-120 OF GOODWIN PLACE) BYLAW 2007 NO. 7045" (to stop up and close to traffic and remove highway dedication of a portion of Goodwin Road for the purpose of disposing of the land to the adjacent landowner) be given first reading.
That "HIGHWAY CLOSURE AND DEDICATION REMOVAL (PORTION OF GOODWIN PLACE) BYLAW 2007 NO. 7045" (to stop up and close to traffic and remove highway dedication of a portion of Goodwin Road for the purpose of disposing of the land to the adjacent landowner) be given second reading.
(b) That "EXPROPRIATION (PORTION OF 2500 CRYSTAL BROOK WAY) Pg. 121-129 BYLAW 2007 NO. 7048" (to provide for the expropriation of a portion of property at 2500 Crystal Brook Way for a sewerage right-of-way) be given first reading.
That "EXPROPRIATION (PORTION OF 2500 CRYSTAL BROOK WAY) BYLAW 2007 NO. 7048" (to provide for the expropriation of a portion of property at 2500 Crystal Brook Way for a sewerage right-of-way) be given second reading.
That "EXPROPRIATION (PORTION OF 2500 CRYSTAL BROOK WAY) BYLAW 2007 NO. 7048" (to provide for the expropriation of a portion of property at 2500 Crystal Brook Way for a sewerage right-of-way) be given third reading.
BYLAW STATUS SHEET Pg. 130-132
15. INTRODUCTION OF DEVELOPMENT BYLAWS:
16. CORRESPONDENCE:
(a) Letter dated 2007-MAR-12 from Monte Solberg, P.C., M.P., responding Pg. 133-135 to Mayor Korpan's letter dated 2006-DEC-08 regarding the National Homelessness Initiative (NHI), and advising of the new Homelessness Partnering Strategy (HPS) which will take effect on April 1, 2007. COUNCIL 2007-MAR-26 PAGE 7
(b) Fax dated 2007-FEB-26 from Mr. Bob Bennett, BCNukon Command Pg. 136-138 Office, The Royal Canadian Legion, requesting that Council sponsor the Annual Veterans Remembrance Project by purchasing space in the War Service Recognition Book Vol. 2 for a support message and/or advertisement.
17. COUNCIL APPOINTMENTS:
18. NOTICE OF MOTION:
19. CONSIDERATION OF LATE ITEMS I OTHER BUSINESS:
20. DELEGATIONS PERTAINING TO ITEMS NOT ON THE AGENDA: (10 MINUTES)
(a) Mr. Pat Barron, 1911 Valley Oak Drive, Nanaimo, BC, V9R 6N1, re: a Pg. 139-142 contribution made by the overseas community of Mondorf-les-Bains to NALT for the preservation of Mt. Benson and Buttertubs Marsh.
21. QUESTION PERIOD: (Agenda Items Only)
22. ADJOURNMENT:
ACTING MAYOR: COUNCILLOR HOLDOM
2007-MAR-10 to 2007-APR-24 Date: Monday 2007-MAR-26 Ref: MEDIA ADVISORY
FOR IMMEDIATE RELEASE VlCC WINS ENGINEERING AWARD
NANAIMO - On 2007-MAR-03 the Consulting Engineers of BC held the 2007 Awards for Engineering Excellence.
This year 42 projects were entered for consideration in five categories. The judging panel, comprised of industry leaders, selected 11 winners. One of these winners, receiving an Award of Merit in the Buildings category was Golder Associates Ltd. and GAIA Inc. for their geotechnical solution for the Vancouver Island Conference Centre.
The VlCC site was chosen by the City because of its ideal location in the heart of downtown Nanaimo. It was an area in desperate need of renewal. The site, however, posed difficult foundation issues. The area was previously an inlet and over time had been filled with materials that did not meet current standards for constructing a modern building.
The City's engineers, Golder Associates Ltd., were charged with the challenge of finding a cost effective solution to this challenge.
Golder's foundation design utilized state of the art European Cutter Soil Mixer technology to conduct deep soil mixing at select footing locations. In this solution, cement is blended with the soil with a rotary tool to create a series of interlocking walls that extend down through the soil to the bedrock. The Vancouver Island Conference Centre is built on top of the interlocking walls that provide the necessary support. This option addressed seismic concerns, provided a rigid foundation system and reduced the amount of soil that would otherwise be necessary to relocate. The cost of the solution (approximately $3M) was substantially less than all other options considered. This project was the first ever North American application of this technology and possibly the first application of this design approach for a commercial application in an urban environment anywhere. yc.~ a cw- &sl~pen ~~ing [3% k-Camera Meettftg Meeting Date: a?-MMHXJ 8 As the owner of the Vancouver Island Conference Centre, the City is proud that its project has been the recipient of this award and is pleased that its project team has been recognized for its excellence and innovation. The City's confidence in its design team has proven to be well justified.
Construction of the VICC, including the new Nanaimo Museum, the Shaw Auditorium, parkade and retail space is moving ahead quickly.
The impact of the VICC has already been felt in downtown with increased activity and a renewed sense of purpose. When the VICC opens in 2008 it will bring new life and energy to historic downtown Nanaimo.
Contact information:
Jeet Manhas, Chair, New Nanaimo Centre Al Kenning, Deputy City Manager Advisory Committee Phone: 250-755-4410 Phone: 250-668-2772 John Scholte, Senior Project Manager Phone:&04-296-4232
@p GAIACONTRACTORS VANCOUVER ISLAND CONFERENCE CENTRE
Randy Williams, Senior Geotechnical Engineer Phone: 604-296-4287
g:\al kenning\conferencecentre (0550-20-03-02)\press releases\2007\nr070326award.doc Mrs. Sharon Paugh 3851 King Arthur Drive Nanaimo BC V9T 6B9
March 16,2007
To Mayor & Council
On behalf of Beta Sigma Phi, I would like the week of April 2gthto May 5', 2007 proclaimed as BETA SIGMA PHI week.
If you need any information, I can be reached at 250-751-3049. 1 would appreciate it if you could mail the proclamation to the above address.
Thank you very much.
V Sharon Paugh I/ Beta Sigma Phi PROCLAMATION BETA SIGMA PHI WEEK APRIL 29- MAY 05/2007
WHEREAS: Beta Sigma Phi is an international woman7s organization that has been a strong source of life, learning and friendship; and
WHEREAS: over the years, this organization has devoted time and effort into the community and will continue to do so now and in the future; and
WHEREAS: this year will mark the 76th year of Beta Sigma Phi.
NOW THEREFORE, I Gary Korpan, Mayor of the City of Nanaimo, do hereby proclaim the week of April 29 - May 05,2007, be known as:
"BETA SIGMA PHI WEEKv in the City of Nanaimo.
Gary Korpan MAYOR
DATED THIS 16TH DAY OF APRIL, 2007. . Canadian- Cancer Nanaimo Unit I( J Society 777E Poplar Street Nanaimo, BC BRITISH COLUMBIA AND YUKON V9S 2H7 - 5 March 2007 His Worship Mayor Gary Korpan City of Nanaimo 455 Wallace Street Nanaimo, BC V9R 536
Dear
In order to help us raise awareness of and support for people living with cancer, we respectfully request that your Office proclaim April as the Canadian Cancer Society's Daffodil Month. In addition to their role in other activities the Society hosts or sponsors, hundreds of our fellow citizens take part in this, our annual April residential, door-to-door fundraising campaign. Volunteers usually canvass their own neighbourhoods to raise funds for cancer research, cancer prevention information, cancer community-based programs and general cancer support services. It is estimated two in five Canadians will develop cancer over the course of his or her lifetime, this despite decreasing overall cancer mortality rates. Consequently, Daffodil Month celebrates our collective struggle and progress against cancer, and, highlights the kinds of challenges we still face. However, there is some good news. We now know with some certainty that at least 50 per cent of cancers can be prevented. The people of Nanaimo could reduce their own cancer risk:
by not smoking and by avoiding exposure to second-hand smoke; by maintaining a healthy body weight through good nutrition and regular physical activity; by eating 5-10 servings of vegetables and fruit daily; and by using a protective sunscreen when appropriate. Ihave attached a sample proclamation that could be used for the occasion. An official declaration not only supports our canvassers here in the Nanaimo area, but it provides an opportunity to celebrate cancer patients and their families; cancer survivors; volunteers; donors, all involved with the Nanaimo Unit of the Canadian Cancer Society. We would be very grateful for Council's moral support to and for our April Campaign. Thank you for considering our request. Sincerely,
Denyse McCullough Unit President &dl mb Q Committee...... Delegation 0 Proclamation d a ~n-~m~ee~gc0~r-Q MMiW Dm: 2007 F'I kR 2-1, . Canadian- Cancer Society
BRITISH COLUMBIA AND YUKON
Proclamation :
Whereas the Canadian Cancer Society's British Columbia and Yukon Division continues to be a leader in cancer research funding, cancer prevention, advocacy and patient support: initiatives, and
Whereas the Canadian Cancer Society's British Columbia and Yukon Division consistently demonstrates a collaborative approach to cancer research, cancer patient support and cancer prevention issues, and
Whereas the Canadian Cancer Society's British Columbia and Yukon Division encourages and assists members of the public to take reasonable and meaningful steps to reduce their own cancer risk, and
Whereas the Canadian Cancer Society's Nanaimo Unit is a significant partner in these endeavors,
Therefore, let it be known that the month of April 2007 shall be proclaimed the Canadian Cancer Society's Daffodil Month in and for the City of Nanaimo. 2007-MAR-26 STAFF REPORT
TO: A. TUCKER, DIRECTOR, PLANNING AND DEVELOPMENT, DSD
FROM: D. LINDSAY, MANAGER, PLANNING DIVISION, DSD
RE: DVPI 04 - HAWTHORNE SUBDIVISION
LOT B, SECTION 1, NANAIMO, PLAN VIP63268 and LOT 1, SECTION 1, NANAIMO DISTRICT, PLAN VIP79548 EXCEPT PART IN PLAN VIP79549 & PLAN VIP82272 and Lots 1 -52, SECTION 1, NANAIMO DISTRICT, PLAN VIP82272
RECOMMENDATION:
That Council: 1. Direct Staff to proceed with the required statutory notification for Development Variance Permit No. DVP104 to vary the frontyard setback from 6 metres (19.69 feet) to 4.5 metres (14.76 feet); and 2. If Council is prepared to consider statutory notification, direct Staff to secure the proposed design principles as conditions of the variance permit.
EXECUTIVE SUMMARY:
The City has received a development variance permit application from Insight Holdings Ltd., to reduce the frontyard setback for those lots within proposed Phases 11, Ill and IV of Hawthorne Subdivision. Staff support the variance and recommend that Council consider the application and direct Staff to proceed with statutory notification.
BACKGROUND:
Hawthorne Subdivision The subject site is presently under active subdivision which, once completed, will consist of 231 single-family lots (Schedule 'A'). Phase I of the subdivision is currently under development with over 75% of the lots now occupied. A similar development variance permit for lots within Phase I was approved by Council 2005-JUN-27 (DVP87), to allow a frontyard setback of 4.5 metres, exclusive of the garage structure.
Proposed Development The applicants have now come forward with a similar variance application for lots within proposed Phases 11, Ill and IV (Schedule 'B'). If approved, the subject variance will allow for a reduced setback of 4.5 metres for all buildings, inclusive of garage structures, where the garage doors do not directly face the street (Schedule 'C').
The subject variance is considered a fundamental component to the applicants overall vision of creating a more traditional neighbourhood by bringing pedestrian scale buildings closer to the road and minimizing the impact of garages on the adjacent street. drnH 0 Committee...... 14 Wbp~Meeting 0 In-Camera Meeting MeePingk h7-A- Page 2
Staff recognize and support the applicants initiatives to create a more aesthetically pleasing and traditional neighbourhood, and feel that the variance approved for Phase I has played a successful role in achieving this vision.
Staff are also of the opinion that by implementing design criteria, together with the reduced yard setbacks will help build on the existing principles of traditional neighbourhoods. These criteria include the following: Where the garage door directly faces the adjacent street, garages shall be setback from the faqade of the principal building by a minimum of I.5 metres. a Where the garage door directly faces the adjacent street, the garage component must be less than 55% of the front building faqade. Double-width garage doors greater than 16 feet in width are not permitted where the garage directly faces the adjacent street, although double car garages are permitted.
As noted above, Staff believe that these criteria will build on the existing principles established and therefore recommend that if Council is prepared to consider the development variance permit, that these criteria be secured.
Small Lofs (RS-6) As Council is aware, the applicants have submitted a separate application to rezone parts of the subject properties to allow for the development of 24 single-family small lots. If approved, the development of these lots will be consistent with the goals achieved through the subject variance as the RS-6 Zone allows for a reduced setback of 4.5 metres. Therefore, whether or not Council is prepared to support this variance will not impact the proposed rezoning.
Respectfully submitted,
Director, Planning & Development DEPARTMENT DEVELOPMENT SERVICES DEPARTMENT
JC/pm Council: 2007-MAR-26 Po: CIW MANAGER Pros~eroAttachmenf: DVPI04 F~&?OEDFOR CITY MANAGERS
Of DEVElOPMENT SERVICES SCHEDULE A
DEVELOPMENT VARIANCE PERMIT NO. DVP00104 LOCATION PLAN Subject NORTH Property - CIVIC: 1400 Jingle Pot Road, 75 Wakesiah Avenue, 543 Stonewater Drive, 371 - 463 Poets Trail Drive & 578 - 632 Sarum Rise Way
SCHEDULE C
REAR YARD
STREET
18 STAFF REPORT
TO: A. TUCKER, DIRECTOR, PLANNING AND DEVELOPMENT, DSD
FROM: D. LINDSAY, MANAGER, PLANNING DIVISION, DSD
RE: DVPI 1 1 - 5230 FlLLlNGER CRESCENT
STAFF'S RECOMMENDATION:
That Council direct Staff to proceed with the required Statutory Notification for Development Variance Permit No. DVPI 11 at 5230 Fillinger Crescent to vary the maximum gross floor area from 390.18 square metres (4,200 square feet) to 468.2 square metres (5,040 square feet) to construct a two storey level entry single family dwelling.
EXECUTIVE SUMMARY:
The City of Nanaimo has received a Development Variance Permit Application from Bonnie Heys on behalf of G. H. Investments Limited, to vary the maximum gross floor area from 390.18 square metres (4,200 square feet) to 468.2 square metres (5,040 square feet), a variance of 78 square metres (839.9 square feet).
Staff supports the requested variance and recommend that Council consider this application.
BACKGROUND:
Subject Property The subject property is a vacant waterfront lot in an established neighbourhood. The subject property is 1,326 square metres (14,273.4 square feet). The property slopes down towards the ocean and is zoned RS-1 (Residential Single Family).
Neighbourly House Regulations The RS-1 zone limits the gross floor area (GFA) of the single family dwelling to the maximum of 390.18 square metres (4,200 square feet). The bylaw allows an exemption of 41.81 square metres (450 square feet) for attached garages.
Proposed Development The applicant is proposing to construct a two storey single family dwelling (one storey when viewed from the street) with an attached garage on the subject property.
domi/ y€M*;"i...... 0 In-Camera Meeting
Meeting Date ,- - Page 2 -
The floor plate of the proposed single family dwelling is 11 metres by 20.4 metres (36 by 67 feet) or 224.1 square metres (2,412 square feet). If the single family dwelling was constructed with a partial basement and the remainder of the lower floor as crawl space (which does not count as gross floor area) the single family dwelling would conform to the requirements of the bylaw. The applicant wants to develop the full basement instead of the crawlspace and as such the single family dwelling exceeds the GFA. The additional floor area is set into the slope so the lower floor development will have no visual impact on the abutting lots or increase the building scale.
Applicants Rationale The applicant is familiar with a similarly designed single family dwelling two lots to the east (5218 Fillinger Crescent) and likes the design and the fully developed walkout basement. 5218 Fillinger Crescent received a variance in GFA to allow the full development of the basement.
Staff Comment The proposed housing design and scale is similar to existing houses on the ocean to the east and west of the subject property. The proposed variance has no impact on upland views (5231 Fillinger Crescent) and in Staff's opinion does not result in a home which is out of character with the neighbourhood.
Respectfully submitted,
~wnnin~Division Director, Planning and Development Development Services Department Development Services Department
GN/ctb Council: 2007-MAR-26 Prospero attachment: DVPOOI II SCHEDULE A
DEVELOPMENT VARIANCE PERMIT NO. DVP00111 LOCATION PLAN Civic: 5230 Fillinger Crescent Lot 30, District Lot 42, Wellington District, Plan 36355 Subject Property B.C. LAND SURVEYOR'S CERTIFICATE OF PROPOSED LOCATION ON: LOT 30, PLAN 36355, DISTRICT LOT 42, WELLINGTON DISTRICT.
SCALE 1: 250 OISTANCES AN0 ELEVATIONS ARE IN METRES.
LOT OIMENSIONS ARE OERIVEO FROM REGISTERED PLANS.
CIVIC AOORESS: 5230 FILLINGER CRESCENT
STRAIT OF GEORGIA
TOP OF CURB AT CENTRE OF LOT FRONTAGE 17.27 ...... PROPOSEO BASEMENT FLOOR 12. SO APPROX. HEIGHT TO MAIN + 3. 12 PROPOSEO UAIN FLOOR= 15.62 APPROX. HEIGHT TO PEAK + 5. 23 PROPOSEO ROOF PEAK = 20.85
MINIMUM GARAGE SLAB ELEVATION PER CITY OF NANAIMO GUIDELINES FOR SINGLE FAMILY ACCESSES
TOP OF CURB ELEVATION: 17.25
NOTES:
ELEVkTION DATUM IS OERIVEO PROH LNTEGRATRl SURVEY CONTROL HONUHENTS.
HOUSE OESIGW FROM BONNIE HEYS. 810.
STANDARD IRON POST FOUNO.
A HUB1SPIKEICONCRETE NAIL SET.
[(5 OENENES PROPOSEO GARAGE SLAB.
FG 13.8 OENOTES TYPICAL SPOT ELEVATION OF PROPOSED FINISHED GRAOE 1-1 IN CONFORHANCE WITH THE CITY OF NANAlHO ZONING BYLAW.
EG 15.1 DENOTES TYPICAL SPOT ELEVATION OF EXISTING GRADE IEGI.
TM SIGNATORY lCWlS H1 ~SIBILIYIOR LI*BILITI Fw. AWI O*X1GES WT"A* BE NFFm BY A THIRD PARTI AS A RESULT OF AN? OECISIOM rUE, OR ACTIONS YWEN BAY0 CII THIS CUCUXM.
INS PA~ELHA1 81 SUBJECT TO REGISTEREO CH*RSP: - STANTO(I'I BUIWIHO SChEIE K(106948 - COVENM Mlb96: - STATUTORY RtMTS OF YAY -7832 K67833:
THIS PLAN DXS HOT WRX9.T TD MRlFI CWLIINCE YIM TK E€SRLOI(NS TWIK
THIS PUH PUIWI1TS TO POSITIOH OHLI THE ACTUAL UOIW R1OPO5EO IWROVENEMUI SWN RELATIVE TO ONLY THE BMOIRIES SHIW OF *PRRTENINT TO llf5 WVE OE90118W PWSELUI. THIS PLM WVIOES w u*aRurn OR armESEHTAT1W L~UTSDEYER WITH RMECT 10 mr Lcurron OF *NY OTMR ACTUAL OR PROPDSED IrPROVEmT UI RELATIVE 10 LN? B0UM)IRI OF OR APRRTEMT TO TK IWVE ESmIBEO PARCEL IS. THIS PLAN IS MT TO BE UEED TO RE-ESTABLISH ~IRILIES THIS BUILOlNG LOCATION CERTIFICATE HAS BEEN WA WILLIAMSON 8 ASSOCIATES PROFESSIONAL SURVEYORS OZOM 3o~aBA~S ROAD HAHAIW) B.L WT 18s PI(ONE. 150-116-7723 FAX 250-756-771' WAIk YAPSPlELVS.NtT FIE 06236-4
Development Variance Permit No. POOI II Schedule B 5230 Fillinger Crescent 95 Proposed Building Siting
:*a NMWO 9002 'OF AoN
STAFF REPORT
TO: A. TUCKER, DIRECTOR, PLANNING AND DEVELOPMENT, DSD
FROM: D. LINDSAY, MANAGER, PLANNING DIVISION, DSD
RE: DVPI 12 - 3323 SAVANNAH PLACE
STAFF'S RECOMMENDATION:
That Council direct Staff to proceed with the required Statutory Notification for Development Variance Permit No. DVP112 at 3323 Savannah Place to vary the gross floor area from 390.1 8 square metres (4,200 square feet) to 424.2 square metres (4,566.4 square feet) in order to accommodate a covered rear and side deck.
EXECUTIVE SUMMARY:
The City of Nanaimo has received a Development Variance Permit Application from Daniel John Wurth and Paula Wendy Wurth to vary the maximum gross floor area from 390.18 square metres (4,200 square feet) to 424.2 square metres (4,566.4 square feet), a variance of 34.1 square metres (366.5 square feet).
Staff supports the request variance and recommend that Council consider this application.
BACKGROUND:
Subject Property The subject property is at the east end of the Savannah Place cul-de-sac bulb, is 1,610 square metres (17,329.9 square feet) in area and is zoned RS-1 (Residential Single Family). The rear property line abuts a significant bank that rises approximately 8 metres (26 feet) to the adjacent lot.
Neighbourly House Regulations The RS-1 zone limits the gross floor area (GFA) of the single family dwelling to the maximum of 390.18 square metres (4,200 square feet). With a two storey house there is no options under the conditions of use to increase the maximum GFA. However, if the lot exceeded 1,666.6 square metres (17,940 square feet) there would be no restriction on the maximum G FA.
Proposed Development The applicant has a building permit to construct the home without the covered deck. The home is currently at the foundation stage. The current GFA of the home without the covered decks is 374.1 square metres (4,027 square feet). The addition of the rear and side covered decks would increase the maximum GFA to 424.2 square metres (4,566.4 squar@& R Committee ...... , ~openmg C3 In-Camera Meettng Meeting Date b?.-.A a< - - Page 2 -
The rear elevation of this country style home with the current building permit plan is not consistent with the detailing of the front elevation which includes a turreted bay window and a covered veranda with a gable style roof. The approved rear elevation appears very contemporary and out of character with the front elevation. The applicant has reviewed this design concern and by changing the rear hip style roof to a gable roof, improving the window detail in conjunction with the addition of the covered deck allows the house design to be symmetrical and fit well into the country style image.
Applicants Rationale The applicant has contacted the immediate neighbours and has discussed the addition of the covered decks. According to the applicant, all contacted neighbours have no objection to the proposed variance. The results of this neighbourhood survey are included in Schedule E.
The applicant has noted these reasons for asking for the proposed variance: The building scheme in this subdivision was meant to be country style and the house was designed on that premise. A roof cover of the wrap around deck would fit with the building scheme and the subdivision. The addition of the covered roof over the side and back deck would be made to look smaller and more esthetically pleasing to the surrounding houses. Without the covered decks the roof would appear larger as the covered decks break up the size of the side wall and back elevations. Adding a covered roof to the wrap around deck would allow for fire access from the second storey bedrooms.
Staff Comment The proposed covered rear and side decks as well as the new rear roof gable allow the home to display a country character. Given the relatively large lot and the topography of the site, Staff are of the opinion that the variance will not result in a home out of character with the neighbourhood.
Respectfully spitted,
- Director, Planning and Development ~evelopmentservices Department Development Services Department
To: CITY MANAGER D FOR CITY MANAGER'S
GNIctb Council: 2007-MAR-26 Prospero attachment: DVP00112 DEVELOPMENT VARIANCE PERMIT NO. DVP00112 LOCATION PLAN Civic: 3323 Savannah Place Lot 5, Section 20, Range 4, Mountain District, Plan VIP81898 Subject Property
I (the undersigned) have read the variance letter for the address of 3323 Savannah Place and I do not have an issues with the roof (covered) wraparound deck
&xF& & CUV~r(cI)Aplt L L/ 753 -' 3 5% 33 15 Savanah PI. Signature Name Phone number
C ,/' / pc,l 3 -- y$y,Z 33 16 Savanah P1. Signature Name Phone number
&K~CUJ h~f,Z.JJ 29 cb - 751-8266 3 3 19 Savanah PI. Signature Name Phone number
3320 gavanah PI. signature1 Name Phone number "'ho,j 06 -
velopmenf Variance Permif No. DVPOOI I2 3 Savannah Place Applicant's Neighbourhood Survey STAFF REPORT
TO: A. TUCKER, DIRECTOR, PLANNING AND DEVELOPMENT, DSD
FROM: D. LINDSAY, MANAGER, PLANNING DIVISION, DSD
RE: DVPI 13 - 3319 SAVANNAH PLACE
STAFF'S RECOMMENDATION:
That Council direct Staff to proceed with the required Statutory Notification for a Development Variance Permit No. DVPI 13 at 3319 Savannah Place to vary the gross floor area from 390.18 square metres (4,200 square feet) to 433.6 square metres (4,667.2 square feet) in order to accommodate a covered rear porch.
EXECUTIVE SUMMARY:
The City of Nanaimo has received a Development Variance Permit from Henricus Johannus Scheffers and Joanne Elizabeth Scheffers to vary the gross floor area from 390.18 square metres (4,200 square feet) to 433.6 square metres (4,667.2 square feet), a variance of 43.4 square metres (467.2 square feet).
Staff supports the requested variance and recommend that Council consider this application.
BACKGROUND:
Subject Property The subject property is at the southeast end of the Savannah Place cul-de-sac bulb.
The subject property is 1,460 square metres (15,715.8 square feet) and is zoned RS-1 (Residential Single Family).
Neighbourly House Regulations The RS-1 zone limits the gross floor area (GFA) of the single family dwelling to a maximum of 390.18 square metres (4,200 square feet). As this is a two storey home there is no option under the conditions of use to increase the maximum GFA.
Proposed Development The applicant has a building permit to construct the home without a rear covered deck. The home is currently at the framing stage. The current GFA of the home without the covered deck is 383.7 square metres (4,130.1 square feet); the single family dwelling is 6.3 square metres - Page 2-
(67.8 square feet) under the maximum GFA of 390.18 square metres (4,200 square feet). The addition of a covered porch would increase the GFA to 433.6 square metres (4,667.2 square feet).
Under the approved permit, the rear elevation of this country style home appears very large. The introduction of the covered porch reduces the massing and scale of the rear elevation. The addition of the covered porch mirrors the existing front porch.
Applicants Rationale The applicant has contacted the immediate neighbours and has discussed the addition of the covered deck. According to the applicant, all contacted neighbours have no objection to the proposed addition of the rear porch and the proposed variance. The neighbourhood survey is attached as Schedule F.
The applicant has noted these reasons for asking for the proposed variance: The property size is large, only 209 square metres (2,249.7 square feet) under the 1,666 square metres (17,933 square feet) lot size that would have no restrictions on the maximum gross floor area. The subdivision is meant to be country style. The addition of the covered deck on the rear elevation would not only match the front covered deck but would continue the country style on all building elevations. The addition of the covered deck would make the rear elevation more esthetically pleasing. The covered deck on the back of the house would allow for fire egress from the upper storey.
Staff Comment Staff are of the opinion that the variance will not impact views or result in a home which is out of character with this area.
Respectfully submitted,
V ~w~lannin~Division Director, Planning and Development Development Services Department Development Services Department
ED FOR CITY MANAGERS
GNlctb Council: 2007-MAR-26 Prospero attachment: DVP00113 SCHEDULE A
- -- DEVELOPMENT VARIANCE PERMIT NO. DVP00113 LOCATION PLAN Civic: 3319 Savannah Place Lot 6, Section 20, Range 4, Mountain District, Plan VIP81 898 Subject Property B.C. LAND SURVEYOR'S CERTIFICATE OF PROPOSED HOUSE LOCATION ON. LOT 6 PLAN VIP81898. SECTIQN 20. RANGE 4, MOUNTAIN DISTRICT.
SCALE 1: 250 OISTANCES AND ELEVATIONS ARE IN METRES MAXiMUW HOUSE HEIGHT LOT DIUENSIONS ARE DERIVED FROM REGISTERED PLANS CALCULATION BY GRAOES
CIVIC AOORESS 3319 SAVANNAH PLACE UEAN FG 8b 90
NOTES SAVANNAH ~EWIFLG a5 90 UUlMW HEIGHT r B 2s ELEVATLGY OlTUt! 15 OERlVED FROM CON fiAXIMm ROOF PE~Kr 95 15 AS comwTmPECOROS ON FILE AT THE CITY OF NANIII.0 ENGlMERTNG OEPARTHENT PROPOSED MAIN FLOOR 87 35 APPROX HEIGHT TO PEM + 7 78 HOUSI OESIGU FROV ORION HOhE PROPOSED ROOF PEAK 195 13 ORAWINGS OlTEO APRIL 17. 2QOb PLAN VIP81898 AS AHlNOED 81 DE5lGNER / SUILOER PROPOSED 3ASEUENT SLA3 = 8' 61
THE UNOWIGNEO CONFIRMS THAT HE HAS 3CEN RlNIIlUU BASEMENT FLOOR RETAIm BY CHRIS BRAGG TO PRDVIOE ELEVATION 85 72 FOUNDATION LAYOUT IN ICCOROANCE WITH ME FOUNOATION LOCATION SHOWN ON THIS PLAN
STANDkRB IRON POST FOUND mls P~ELlur ac rvs,ECi TO RCEIS~E~ED CHS- - C~YENINTSIIMNIT FA~Z-~P~BVILDIM S-E F~ezaor 1111 OENWTES PROPOSEO ORIVN.41 I GARAGE SL8B GRADE. TnlS PUN ODES ~m PU)PORT TO YE~IFI CWPLlhNTr UITn TL(E IESIUICilWS MRLIK FU 87 3 DENOTES TYPICAL SPOT ELEVATJON OF FiNAL LOT GRAOE (FLGl DERIVED FROM TIIE FINAL LOT GRADING PLAN
FG 87 20 OEMlTES TYPICAL SPOT ELEVATION OF PROPOSEO FINISHE0 GPAOE FG) IN CONFORMhNCE WITH THE Gin OF NANAlrO ZONlNG 8lLP.W
PLAN VIP81898
PLAN YIP81898
THIS PLAN Wa7TB TO POSITION GHLI THE ACTUAL UWOR PmSSO IWIIDMFiTlD mNREUTlYL TO DULY M mw,EZ nom or OR rpPrnE"A"T TO mE MOYE DESG?lOW PARCEL IS8 in15 PLUl PROVIrnB HJ !,-NTI OR ~Al,(*I YUTSOEVER WITH RESPECT TO TELOUTIW M U1I OIIL'R ACTUAL OR P-ED IWROYUIMVI RELATIVE TO rm BWARY n= rn ORTEII~HT TO E AWE OEZCRleW PllCELW THIS PWiS 1IDT TO E USED TO RE-ESTABLISH $WART LIES THIS BUILDING LOCATION CERTIFICATE HAS SEEN WA WILLIAMSON 8 ASSOCIATES PROFESSIONAL SURVEYORS 0200b PLAN VIP81898 PLAN VIP01898 30~BLROUS ll010 w~lno8 L MT 185 Dm150-156-1113 FA% 210-156-772' 3lll U*PI1TrUFiMT FILE 06207-1 IEV 1 IBASL PLUI 05111BPO
Development Variance Permit No. DVPOOI 13 Schedule B 3319 Savannah Place Site Plan
REAR ELNATION suurw. .!.o;r-, , ... .
Development Variance Permit No. DVP00113 Schedule D 3319 Savannah Place Approved Rear Elevation with Covered Porch &Additional Detailing on Garage
. . -
The following is a list of signatures and names from the surrounding properties of 33 19 Savannah Place.
The signatures below represents that the owners of the properties below do not have an objection with the DVP Proposa dd a cover to the rear existing deck of 33 19 Savannah Place.
33 16 Savannah Place J Signature Name Phone
3320 Savannah Place krCeoI*s AfAr/fi fd ~ouf~~j !O fl" ad"1[ Signature Name Phone
f] - .. . . 3323 Savannah Place L-p && 758--/5/2.J Signature Name Phone
, .p,y 33 15 Savannah Place ,& L,.3[?21-:.,-5 kkS&-&rALL 143~1N(cl)r\ d,t,L. 743 355b , (in view og(T Signature .,,Mame Phone < 3562 Monterey Drive (in view of deck) Phone I 3556 Monterey Drive 0 - (in view of deck) Signature ~ame gL?ktereY gL?ktereY Drive 0,c c &2?%!~y 7/kw af (in view of deck) Name Phone Developmenf Variance Permit No. DVP00113 Schedule F 3319 Savannah Place 40 Applicant's Neighbourhood Survey - -9O& K/9 I I being ae owocr or the pr~p~rtyd lo? tL ~~~kl~ Plac~ha e no objection with the Devcloplnent Varience ~~~lio~tio~~(~pl13)located at 33 19 Sava~inahPlace. -. ?- , 1,~sj--7,3-7d{gg . Signature Name -Phone Dated this 15"' Da.y of Marcl~,2007 STAFF REPORT TO: A. TUCKER, DIRECTOR, PLANNING AND DEVELOPMENT, DSD FROM: D. LINDSAY, MANAGER, PLANNING DIVISION, DSD RE: CIP1825 - REFERRAL REQUEST FOR WATER LEASE - 172 CAPTAIN MORGANS BOULEVARD (PROTECTION ISLAND) RECOMMENDATION: That Council either: 1. Support the application and recommend the Crown grant the lease; or 2. Not support the application and recommend the Crown not grant the lease; or 3. Provide no comment with respect to this application. EXECUTIVE SUMMARY: The City has received a referral from the Ministry of Agriculture and Lands with respect to a proposed water lease. The proposed lease, if approved, would permit the construction of a dock for private moorage accessory to 172 Captain Morgan's Boulevard. While the decision regarding the lease is the Crown's, the City is invited to provide comment. BACKGROUND: The application for lease is from West Coast Floatation Systems on behalf of Gregory and Joan Patton. The application identifies the associated upland property as 172 Captain Morgan's Boulevard. The subject property is currently vacant however the owners also own the adjacent property to the north (168 Captain Morgan's Boulevard) which is occupied by a single-family dwelling. According to Schedule 'A' of the CITY OF NANAIMO ZONING BYLAW 1994 NO. 4000, the upland property is zoned RS-4 (Protection Island Zone). The foreshore around the majority of Protection Island, including the subject property, is zoned MA-1 (Marine Zone). The MA-1 Zone permits floats, wharves and piers. Although zoned to permit these uses, the approval for them is not under the City's jurisdiction. As such, regardless of zoning, the Crown can authorize the construction of dock facilities. Page 2 DISCUSSION: Proposed Development The applicants are requesting a lease from the Ministry in order to permit a 88.5 metre (290 ft.) long dock. A copy of the application, which includes sketches of the proposed facility, is attached as Schedules 'B-I' - 'B-I 1'. The length of the dock is necessary given the shallow shelf in the area. The 290 foot dock is required in order to reach water of sufficient depth to moor a boat. Neighbourhood Submissions Although the City has not solicited public comments on this application, it has received written comments from two property owners who own land in the immediate area. Their comments are attached as Schedules 'C', 'D' and 'El. The submissions cite concerns with the impact on the environment, the vulnerability of the area to winter storms, and the potential for the structure to create a barrier to the public who use the beach. Options The decision with respect to this application will be made by the Crown. The City has no jurisdiction over these applications. However, the Ministry has referred the application to the City fw review and comments. Given the situation, Staff are of the opinion that Council has three principle options: 1. Support the application and recommend the Crown grant the lease; 2. Not support the application and recommend the Crown not grant the lease; or 3. Provide no comment with respect to this application. Respectfully submitted, Mana Director, Planning & Development Development Services Department Development Services Department DUprn Council: 2007-MAR-26 Prospero: CIPl825 To: CITY MANAGER ED FOR CITY MANAGERS SCHEDULE A Parks Location Plan Civic: 172 Capt. Morgans Blvd. 44 SCHEDULE B-1 THIS PAGE MUST BE COMPLETED FOR ALL APPLICATIONS. PLEASE READ THE LWBC APPLICATION FORM GUIDE WHEN COMPLETING THIS APPLICATION. /~omCompany~me 0 OR Society Name / For applications made by more than one individual: I I Cb ~oint en ants; or. Tenants in Common 52 53 ke L/af/w, P#Z, US-''?8 Letter of ched (see Form Guide for additional Information): Yes &NO BC Incorp. No., BC Registered No. or Society No.: GST Registration Number: Age: 19 or over Yes d No a Canadian Citizen or Permanent Resident ~esFNo Mailing Address ~~en/r r~ fvflP@'OF Cub7 f2-2 eflr@A?PA/~J~~~ coA57 F.A@MR 7- ryxre~t 4 T~ ' @PF 7'/.?-/090 45 &or 379' d@@rwflc 2~0- Ipostal Code: vq&3'X ,E-mail ~ddress5 upc&jrl 4 C OX , n & Home Phone Business Phone Fax Number (480) 807-002s' (602)376-3327 (4%)556 // / // I Applicant /Agent's Signature(s) &dfl A haom Please Enclose Appropriate fees INOTE: Make cheque or money order payable to Land & Water ~rig6hColumbia Inc. I PLEASE RETAIN A COPY OF THIS APPLICATION FOR YOUR RECORDS Page 1 of 2 SCHEDULE B-2 t _ LAND AND WATER ==s- BRITISH COLUMBIA INC. I width (kmlm): I Land Use Purpose: I Type of Tenure Investigative permit Temporary permit License pb ease 0 Statutory right-of-way Purchase Waterpower land tenure Period of Occupation Required A~,&joii,A& /#f/fl/e IDo you hold another Crown land tenure issued through LWBC? Yes No [B I I If yes, state Type and Tenure Number: I For surveyed land, give legal description. For unsuweyed land, see the Application Guidebook for instructions to describe I 1 unsurveyed Crown land and provide a description of boundaries. P mc IVC~'H~/~d~ NMPn cp,&..r(~Pn/fafza' ~j=/.or 302. &? 67@ C 79-23/u) ' (76-y //PfT/WC* TBP' 30' /SZ* ( S&/Tm) Q JIRN 27fl' NOTE: Please refer to the LWBC Inc. Requirements Checklist for the specific program (e.g., Aggregates) for additional information that must be submitted with this application. information on each program is available at: htt~:lhvww.lwbc.bc.ca/02landltenurin~lindex.htmior contact your LWBC oMce (listed in the Application Guide). The information you provide will be subject to the Freedom of Information and Protection of Privacy Act. If you have any questions regarding the treatment of your personal information by LWBC, please contact the Manager, Privacy, lnforrnation Access and Records Management at 250-952-6247. I In addition, the submission of this form does not in any manner convey any rights to use or occupy Crown land. Page 2 of 2 46 SCHEDULE B-5 - BOX 374 Duncan BC "9L 3x5 (250) in3-1A8 Fax: (250) 143-1025 Call: (250)252-0011 Box 374 Duncan BC VSL 3x5 (250) 743-I&@ Fax: (250) 743-1025 Ccll: (250) 252.0071 SCHEDULE 8-7 SCHEDULE B-8 -- '\UUc: SCHEDULE B-9 4- 2 SCHEDULE B-10 October 23,2006 MANAGEMENT PLAN Re: Greg Patton Lot 32, Plan 14 1 1 Douglas Island (Protection Island) Narlainlo Land District 'r Tlierc are no existing docks witliir~tlie 25 rneter syecificatior~as indicated in the photos. i There will be a 4's 200' overliead walkway out to a 4's 50' ramp down onto the 10's 35' dinghy dock. This systeni is for private moorage as Douglas Island does riot have ferry access (vehicle carrier). 'r The water lease boundary follows tlie property line out to the end of the lease and remains inside the projected area of the lot. The lease area is 290'x 30' / 0.64 Iiectare. b Public access will re~nainas tlortt~albeneath ttie overtlead walkways. > Orily 1 boat will be tied up at this float. k The walkways will be licld up by 4 concrete colunitis and tile dock held in place by 2 steel piles. 'r All work will be performed under the guidelines of the UFO Best Practices Guidelines by West Coast Floatation Systerns. Box 374 Duncan BC V9L 3x5 (250) 743-1sFax: (250) 743-1025 Ccll: (250) 252-0071 October 18, 2006 To Whom it may concern; We, Gregory S. Patton and Joan W. Patton with this letter, do hereby authorize Robin Rooke with West Coast Flotation Systems Inc. to act on our behalf as our agent in the application and construction process with government and municipal agencies governing the placement of a private boat dock on our property at lots 301 and 302 Protection Island, British Columbia Canada. C/ / Gregory S. Patton Joan W. Patton ._c - LAND TITLE ACT - STATE OF TITLE CERTIFICATE LAND TITLE DISTRICT: VICTORIA, BRITISH COLUHBIA CERTIFICATE NO: STC00308638 TITLE NO: ES49197 THIS IS TO CERTIFY THAT AT 14:39 ON 18 OCTOBER, 2006, THE STATE OF THE TITLE TO THE LAND DESCRIBED HEREIN IS AS STATED AND IS SUBJECT TO THE NOTATIONS APPEARING BELOW. THIS CERTIFICATE IS TO BE READ SUBJECT TO THE THE LAND TITLE ACT (R.S.B.C. SECTIONS 50 AND 55-58 OF THE APPLICATION FOR REGISTRATION RECEIVED ON: 21 JUNE, 2001 ENTERED; 21 JUNE, 2001 REGISTERED OWNER IN FEE SIMPLE: GREGORY SCOTT PATTON, BUSINESSMAN JOAN WOOD PATTON, BUSINESSWOMAN 3812 EAST MENLO STREET MESA, ARIZONA U.S.A. 85215 AS JOINT TENANTS TAXATION AUTHORITY: CITY OF NANAIMO DESCRIPTION OF LAND: PARCEL IDENTIFIER: 004-340-809 LOT 302, DOUGLAS ISLAND, (ALSO KNOWN AS PROTECTION ISLAND), NANAIMO DISTRICT, PLAN 14111 LEGAL NOTATIONS: LAND HEREIN INTER ALIA WITHIN BUILDING SCHEME, SEE DD 93322N CHARGES, LIENS AND INTERESTS: NATURE OF CHARGE CHARGE NUMBER DATE TIME RESTRICTIVE COVENANT 4280686 REMARKS: DD 84273W UNDERSURFACE RIGHTS D23415 1975-01-27 08:lO REGISTERED OWNER OF CHARGE HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUHBIA D23415 REMARKS: INTER ALIAj ASSIGNMENT OF 2333466 (DD 88539N AND 3799021) SEE 3253506 DUPLICATE INDEFEASIBLE TITLE: NONE OUTSTANDING TRANSFERS: NONE 5 7 CONTINUED ON PAGE 2 LAND TITLE ACT STATE OF TITLE CERTIFICATE GREGORY PATTON LAND TITLE DISTRICT: VICTORIA, BRITISH COLUMBIA CERTIFICATE NO: STC00308639 TITLE NO: EN53603 THIS IS TO CERTIFY THAT AT 14:39 ON 18 OCTOBER, 2006, THE STATE OF THE TITLE TO THE LAND DESCRIBED HEREIN IS AS STATED AND IS SUBJECT TO THE NOTATIONS APPEARING BELOW. THIS CERTIFICATE IS TO BE READ SUBJECT TO THE PROVISIONS OF SECTION 23(2) OF THE LAND TITLE ACT (R.S.B.C. 1996 CHAPTER 250) AND SECTIONS 50 AND 55-58 OF THE LAND ACT (R.S.B.C. APPLICATION FOR REGISTRATION RECEIVED ON: 21 JUNE, 1999 ENTERED: 22 JUNE, 1999 REGISTERED OWNER IN FEE SIMPLE: GREGORY SCOTT PATTON, BUSINESSPERSON JOAN WOOD PATTON, BUSINESSPERSON 3812 EAST MEN10 STREET MESA, ARIZONA U.S.A. 85215-1716 AS JOINT TENANTS TAXATION AUTHORIN: CITY OF NANAIMO DESCRIPTION OF LAND: PARCEL IDENTIFIER: 004-340-442 LOT 301, DOUGLAS ISLAND] (ALSO KNOWN AS PROTECTION ISLAND), NANAIMO DISTRICT, PLAN 14111 LEGAL NOTATIONS: LAND HEREIN INTER ALIA WITHIN BUILDING SCHEME SEE DD 93322N CHARGES, LIENS AND INTERESTS: NATURE OF CHARGE CHARGE NUMBER DATE TIME RESTRICTIVE COVENANT 3835316 1969-08-11 14~52 REMARKS: DD 38385W INTER ALIA UNDERSURFACE RIGHTS D23415 1975-01-27 08:lO REGISTERED OWNER OF CHARGE HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA 023415 REMARKS: ASSIGNMENT OF 2333466 (DD 88539N 8 37990211 SEE 3253506s INTER ALIA DUPLICATE 1,NDEFEASIBLE TITLE: NONE OUTSTANDING TRANSFERS: NONE 58 CONTINUED ON PAGE 2 SCHEDULE C 176 Captain Morgans Blvd Nunuifno, B. C. V9R 6RI hwljt@telu,v. net February 19,2007 Kevin Brydges: Environmental Coordinator Development Services Branch Nanaimo. B. C. I am writing to inform you of a proposed dock that will extend 290 feet 08 the east side of Protection Island. The dock would extendfpom 168 Captain Morgans Blvd We are very concerned about the impact that such a dock will have on the beach. As you know we have huge wind storms and high tides in the fall and winter. In order to withstand the weather, the dock is proposed to be supported by four concrete pillars and two steel pilings. We live on the most beautiful bay on Protection Island--with scapes out to Sechelt and Gabriola. We regularly walk a beach, that has amazing rock forms, and very special tidal life. In the summer we swim across the bay to Smugglers Park. We are able to look out at the sea birds; and the herring spawn. There is no question that this structure will impact the environment in a very negative way and that the coastal Douglas fir ecosystem will be disturbed. The people proposing to build the dock, spend very little time on the Island, a few weeks at the most each year. I would ask that you seriously look at the impact of such a dock on the environment. The proposal is with the Provincial Minister of Agriculture and Lands File Number 141 3887. I am sending along a letter written by another resident whose home faces the bay. The people who live on the waterside are united in their opposition to this venture. Thank you for your attention. Page 1 of 1 SCHEDULE D Thora, thank you for bringing this matter to our attention. We are currently in London until April. Please let me know who we need to respond to formally, or alternatively, please pass my details onto the persons responsible for considering the application. Hazel and I strongly oppose this application for the following reasons: 1. Such a structure requires the use of public lands, but would provide absolutely NO benefit to the public, and therefore should be denied. 2. We, as residents within the subject bay area would be negatively impacted by the disruption to the natural beauty of the tidelands with a permanent man made structure. This would be enormously harmful to the entitlement of beauty we bargained for when we purchased and constructed our home of the waterfront. The value of our property would be diminished. 3. Due to the winter storms conditions on this side of the island, we firmly believe a Dock facility would be destroyed often, and very noisy. Would we have to hear an application for a Breakwater Permit next? I don't believe the applicant, due to their part time use of their vacation home are cognizant of the severe S.E .weather this area is exposed to. 4. The tideland terrain in this beach area is not suitable for a Dock facility because of the shallow incline. A tideland with steeper incline would require less superstructure. 5. A dock structure as proposed would create a barrier between both ends of the beach and disrupt the use of the beach, let alone its beauty.. 6. Any man made structure on the tidelands, and more particularly the sandy, eel grass area, I believe will impact negatively on the herring, crab, otter and rock fish habitant within the bay area. FRANK D. NEY London: 0 11.44.(0)20.7379.0376 Fax: 0 11.44.(0)20.7240.9 199 When dialing fiom overseas you must delete "(0)" fiom the number above. No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.441 / Virus Database: 268.18.11690 - Release Date: 211 612007 2:25 PM Page 1 of 2 From: "Thora & Jerry Howell" ---Original Message --- From: Ralph Kirby To: Thora & Jerw Howell Sent: Friday, February 16, 2007 4:24 PM Subject: Fw: Private Moorage application, Protection Island Thora, this is the email from Diane Elliot Ralph I From: Elliott, D~~~~ILMB:EX To: [email protected] Sent: Friday, February 16, 2007 4:20 PM Subject: Private Moorage application, Protection Island Ralph, as per our phone conversation this is the link to the posting on our web site for the private moorage application made by Gregory and Joan Patton. This application is held on lntegrated Land Management Bureau's File 1413887. +ttp://www2. Iwbc. bc.ca/ApplicationPosting/viewpost.j~?PostlD=7402 I have also attached a copy of the top and side view of this dock. Should you wish to submit comments on this application please make them to: Section Head, Crown Land Adjudication Integrated Land Management Bureau 142 - 2080 Labieux Rd Nanaimo BC V9T 6J9 Please be sure to indicate File No. 1413887 Diane Elliott Natural Resource Officer FrontCounterBC Integrated Land h4anagement Bureau 142 - 2080 Labieux Rd Nanaimo BC V9T 6J9 Phone: 250 751-7227 Fax: 250 751-7224 Page 2 of 2 e-mail: [email protected] No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.441 / Virus Database: 268.18.1/690 - Release Date: 2/16/2007 2:25 PM No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.441 / Virus Database: 268.18.11690 - Release Date: 2/16/2007 2:25 PM No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.441 / Virus Database: 268.18.11691 - Release Date: 2/17/2007 5:06 PM Protection Island Dock A Page 1 of 1 SCHEDULE E Dale Lindsay From: Frank Ney [[email protected]] Sent: Monday, March 19,2007 545 AM To: Andrew Tucker Cc: Dale Lindsay Subject: RE: Protection Island Dock Application #I413887 Follow Up Flag: Follow up Flag Status: Red Attachments: Smuggler's Beach DOCK applic.doc Dears Sirs, Thank you for your reply. I accept the City does not have any jurisdiction regarding the subject dock application noted above. However, aside from the fact that such a structure is completely unnecessary, aesthetically criminal to the natural beauty this beach provides to both its residents and the public which use the beach via Smuggler's Park, I expect the float will contribute to the residents suffering from continuous noise pollution due to violent crashing and banging movement of the float caused by sea and wind. This side of the island is exposed to the S.E which experiences the strongest of the prevalent winds and seas for the area. If you represent the City's concerns attributed to this application, then I urge you to please voice a concern to the Ministry of Agriculture that this structure may affect the resident's entitlement to limited noise pollution as provided for in our noise by-laws. Another concern the City could express is one similar to what I have described in my letter (attached) to the Ministry whereby I argue my Riparian access rights will be impaired by this structure due to the unique and narrow anchorage area. The City, as owner of the waterfront park, could express a similar concern in that the public who come to enjoy the beach park by boat will also will be negatively affected. I encourage you to visit the subject area during low tide to help visualize what I'm describing. FRANK D. NEY Frank Ney 48 Cutlass Lookout (Protection Island) Nanaimo, B.C. V9R 6R1 Email: [email protected] March 12, 2007 Doug Berry Integrated Land Management Bureau Regional Client Services Ministry of Agriculture and Lands Suite142 2080 Labieux Road Nanaimo, BC, V9T 6J9 RE: File # 1413887 I am a waterfront neighbour fronting onto the Smugglers Beach area of Protection Island. We strongly oppose the application seeking permission to construct a permanent dock ramp facility over the tidelands and floating dock below the mean low tide mark. Our objection is based upon the fact that such a structure will interfere and obstruct our riparian rights for anchorage and navigation maneuverability within the confined water area. Over the past forty five (45) years we have used the area below the tidelands for temporary anchorage to access our property. There is also a City of Nanaimo park which fronts the tidelands which users will from time to time access via boat. GEOGRAPHY 1. The geography of the tidelands and natural navigational hazards already affect access by way of boat which can be dangerous and limited at times. 2. The tidelands, due to the minimal slope, run approximately 240' to 300' out from the foreshore edge. 3. Beyond the low tide water mark, are two reefs which surface when the tide is low. These reefs provide a natural boundary for anchorage. 4. The distance between the low tide mark and the reefs, and between the reefs themselves is highly restricted at lower tides, providing very limited room for access to the anchorage area, anchorage swing and for maneuverability within the area. 5. During periods when the wind blows from the NW SE the margin for error when searching for deepest water and trying to set an anchor is extremely challenging in a larger craft and can easily result in an unintentional grounding on the shallows or collision with the reefs. Please see attached diagram. It is our strong contention that adding a "Dock structure to the anchorage area is tantamount to the creation of another reef. This Dock obstruction will render the area useless for anchorage for our purposes. Furthermore, for those that do risk anchoring within the affected area, the Dock will be hazardous to their navigational safety as it will impair their turning radious. Therefore, we submit the subject Dock application must be denied. Thank you for the opportunity to comment on this proposal. Yours truly, Frank Ney 2007-MAR-16 STAFF REPORT REPORT TO: TOBY SEWARD, DIRECTOR, PERMITS AND PROPERTIES FROM: CINDY NESSELBECK, MANAGER, PROPERTY SERVICES, LAND DIVISION, DSD RE: ROAD CLOSURE BYLAW - GOODWIN ROAD BYLAW 2007 NO. 7045 STAFF'S RECOMMENDATIONS: That Council: 1. give first two readings to Road Closure Bylaw 2007 NO. 7045 2. approve in principal the sale of the proposed road closure area to Malaview Developments Ltd for the sum of $237,000.00 EXECUTIVE SUMMARY: Malaview Developments have submitted a road closure application, pursuant to a rezoning and subdivision application. It is the intention of the applicant to purchase the existing Goodwin Road right of way from the City in order to utilize the lands to support future expansion of the neighbouring building and lumber supply yard (Slegg Lumber). An independent appraisal estimates the market value of the road right of way to be $237,000.00 and the owner has submitted an Offer to Purchase on this basis. BACKGROUND: Goodwin Place extends from Jordan Avenue in a northwest direction to its cul-de-sac westerly end (see Schedule A). The road right of way is approximately 20 metres wide by 235 metres long for a total area of roughly 5,053.m2. The applicant currently owns all of the lands which are accessed by the Goodwin Place road right of way. There are currently City, Hydro and Telus services within the existing Goodwin Road which will require protection via statutory right of ways that will be registered against the lands once title has been raised. In addition, the applicant has provided an appraisal of the road closure area, completed by Baker & Osland Appraisals, identifying a market value of $237,000 ($60.71/m2). Council, at its meeting of 2007-MAR-12, approved Third Reading of Bylaw 4000.409, associated with the rezoning application. The subdivision application has received Preliminary Layout Approval, with completion of the rezoning and road closure stipulated as requirements of the subdivision process. After first two readings have been given to this road closure Bylaw, Staff will prepare the public notice for posting in the local newspaper and on the City's website. Anticipated publication dates are March 30th and April 5th, 2007. Respectfully submitted, Toby Seward Property Services Manager Director Land Division, DSD Permits & Properties Attachment: LD1413 Council Date: 2007-MAR-26 0 In-Camtra Meeting MeetingDan ~I./.l&r- STAFF REPORT REPORT TO: TOBY SEWARD, DIRECTOR, PERMITS AND PROPERTIES FROM: CINDY NESSELBECK, MANAGER, PROPERTY SERVICES, LAND DIVISION, DSD RE: EXPROPRIATION OF RIGHT-OF-WAY - 2500 CRYSTAL BROOK WAY STAFF'S RECOMMENDATION: That Council give first three readings to Expropriation Bylaw No. 7048 authorizing the City of Nanaimo to expropriate a right-of-way at 2500 Crystal Brook Way. EXECUTIVE SUMMARY: The existing Long Lake Lateral Sanitary Sewer Line, which runs from Labieux Road to the Nanaimo Parkway (see Schedule "A), will be replaced in the summer of 2007. Staff have negotiated access with all affected property owners with the exception 2500 Crystal Brook Way (see Schedule "B"). This property owner has given notice of a potential claim against the City arising out of any trespass onto the subject property. Staff are now seeking to expropriate an expanded right-of-way area (126.35 m2) to ensure that the project will stay within the boundaries of the right-of-way. In consultation with legal counsel, an independent appraisal and survey were completed. Staff subsequently sent an offer of compensation based on the appraisal but no response has been received from the owner. Staff recommend initiating expropriation action at this time in order to secure the expanded right of way and allow construction to commence as scheduled BACKGROUND: The existing Long Lake Lateral Sanitary Sewer Line is operating at capacity with the current population. The City plans to replace and upsize the the existing 300 mm diameter AC pipe with new 450 mm diameter pipe to meet existing and projected development demands. The Long Lake Lateral Sanitary Sewer Line, which runs from Labieux Road to the Nanaimo Parkway (see Schedule "A"), will be replaced the summer of 2007. Staff have negotiated access to all of the right-of-ways across all affected properties, with the exception of the City right of way at 2500 Crystal Brook Way (see Schedule "B"). The property owner has advised that he will not consent to the City trespassing outside of the right-of-way boundary and has given notice of a potential claim against the City arising out of any trespass onto the subject property by City employees or its authorized contractors. Consequently, Staff are seeking to expropriate an expanded right-of-way area (126.35 mZ)to ensure that the project will stay within the boundaries of the right-of-way. In consultation with legal counsel, and in preparation for the expropriation, an independent appraisal and survey were completed. The appraisal estimated the market value of the proposed right of way area to be $3,500.00. On February 13, 2007, Staff sent an offer of compensation based on the appraisal, along with a survey plan showing the required right-of-way area. The owner has not responded. Staff recommend commencing the expropriation at this time in order to secure the expanded right of way and allow construction to commence as scheduled. Toby Seward Property Services Manager Director Land Division. DSD Permits & Pro~erties Attachment: LD001207 motlftcii COUNCIL: 2007-MAR-26 R Committee ...... Papen Ming 0 In-Camera Meeting Mering k Jon7 - flc$, SCHEDULE "B" LOCATION PLAN SUBJECT NORTH Civic: 2500 Crystal Brook Way PROPERTY STAFF REPORT REPORT TO: TOBY SEWARD, DIRECTOR, PERMITS AND PROPERTIES FROM: CINDY NESSELBECK, MANAGER, PROPERTY SERVICES, DSD RE: PROPERTY DISPOSAL - 825 MILTON STREET STAFF'S RECOMMENDATION: That Council authorize the Mayor and General Manager, Development Services to execute the necessary documents to complete the sale of 825 Milton Street to Paul Edward O'Carroll for the sum of $5,000.00. EXECUTIVE SUMMARY: At Council's "In Camera" meeting of 2007-Mar-12, Council directed Staff to proceed with the property disposal of 825 Milton Street. In accordance with Section 94 of the Communify Charter, notice of the proposed property disposition was published on March 17'~and 23rd. No public comments have been received and Staff are now ready to proceed with finalizing the transaction. BACKGROUND: 825 Milton Street was originally a 26' x 66' titled property purchased by the City in 1991 to facilitate widening of the laneway off Milton Street between Nicol and Haliburton. A 10' x 66' portion of the property was required for the project, leaving a remnant parcel of 16' x 66' which is surplus to City requirements. Notice, as required under Section 26 of the Communify Charter has been published, in accordance with Secfion 94 of the Communify Charter (see Schedule A). Respectfully submitted, /c7 T. Seward Property Services Manager Director Land Division, DSD Permits and Properties evelopment Services Attachment: LD000294 Council: 2007-MAR-26 SCHEDULE "A" CITY OF NANAIMO - NOTICE OF INTENT - To Sell Municipally Owned Property 825 Milton Street TAKE NOTICE THAT, pursuant to Section 26 of the Community Charter, the Council of the City of Nanaimo intends to sell the vacant lands legally described as: The Westerly 26 Feet of Lot 18, Block 9, Section I,Nanaimo District, Plan 584 Except Plan VIP55904 and having a civic address of 825 Milton Street to Paul Edward OrCarroll for the amount of $5,000.00 cash. The property is a vacant land parcel compris- ing approximately 100 square meters. The property is zoned Mixed Use Commercial (C-4). Any inquiries concerning this proposed disposition may be directed to Property Services, City of Nana~mo, during office hours - 8:30 a.m. to 4:30 p.m., Monday to Friday, at 755-4476. Manager, Property Services City of Nanaimo LD000294 N* L°CATloNPLAH DSUBJECT Chic62SMhSwe PROPERTI Attachment: LD000294 STAFF REPORT TO: T. P. SEWARD, DIRECTOR, PERMITS AND PROPERTIES FROM: J. D. KINCH, MANAGER, BUILDING INSPECTION DIVISION RE: ILLEGAL SECONDARY SUITES 1 UNRESOLVED BUILDING DEFICIENCIES STAFF'S RECOMMENDATION: That Council, by resolution, instruct the Director of Legislative Services to file a Bylaw Contravention Notice on title with the Land Title and Survey Authority of British Columbia to the property(ies) identified in this report in conformance with Section 57 of the Community Charter. 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. BACKGROUND: Property: 2663 Willow Grouse Crescent - Illegal Construction 1 Secondaw Suite Legal: Lot 67, Section 19 and 20, Range 5, Mountain District, Plan 24320 P. I. D.: 003-013-537 Owner(s): Daryl L. Hugh 2663 Willow Grouse Crescent Nanaimo BC V9T 3T8 The above noted property was inspected on 2007-MAR-05 as the result of a complaint. It was found that illegal construction had taken place to incorporate a Secondary Suite within the basement of the Single Family Dwelling. No Building Permits were obtained for the construction in contravention of "BUILDING BYLAW 2003 NO. 5693". Safety deficiencies have been identified, including, nonexistent, hard wired interconnected smoke detection, nonexistent fire rated doors, inadequate fire separation, nonexistent automatic ventilation, no proof of approved Electrical Permit and installation. File summaw: Received complaint 2007-FEB-02 Inspection completed 2007-MAR-05 Letter requesting Building Permit application 2007-MAR-12 Letter advising of Council date for Section 57 Notice 2007-MAR-13 (Life safety deficiencies exist) d~mii Q Committee...... d0penwng 0 In-Camcra Meeting Meetingk -7-IJ\d Property: 21 19 Bav Street - Illegal Construction 1 Secondary Suite Legal: Lot 17, Section 5, Wellington District, Plan 34485 P. I. D.: 000-037-788 Owner(s): Jean C. Hong Keith X. Hong 21 19 Bay Street Nanaimo BC V9T 4V6 The above noted property was inspected on 2007-MAR-08 as the result of a complaint. It was found that illegal construction had taken place to enclose beneath the upper rear deck and incorporate a Secondary Suite within the basement of the Single Family Dwelling. No Building Permits were obtained for the construction in contravention of "BUILDING BYLAW 2003 NO. 5693". Safety deficiencies have been identified, including, nonexistent, hard wired interconnected smoke detection, nonexistent fire rated doors, no proof of approved Electrical Permit and installation. File summary: Received complaint lnspection completed Letter requesting Building Permit application Letter advising of Council date for Section 57 Notice (Life safety deficiencies exist) Respectfully submitted, we inch, Manager T. P. Seward, Director A~uildinginspection Division Permits and Properties DEVELOPMENT SERVICES DEPARTMENT DEVELOPMENT SERVICES DEPARTMENT NLR g:ldevbldIneldalcounciII2007reportl2007mar26Section 57 report.doc STAFF REPORT TO: T. P. SEWARD, DIRECTOR, PERMITS AND PROPERTIES FROM: J. D. KINCH, MANAGER, BUILDING INSPECTION DIVISION RE: ILLEGAL GROW OPERATIONS / UNRESOLVED BUILDING DEFICIENCIES STAFF'S RECOMMENDATION: That Council, by resolution, instruct the Director of Legislative Services to file a Bylaw Contravention Notice on title with the Land Title and Survey Authority of British Columbia to the property(ies) identified in this report in conformance with Section 57 of the Community Charter. 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. BACKGROUND: Property: 4022 Uplands Drive - llleaal Grow-OD/ Roof Cover Legal: Lot 6, District Lot 17, Wellington District, Plan 31939 P. I. D.: 001-111-795 Owner(s): Lan N. Dinh 4022 Uplands Drive Nanaimo BC V9T 4Hl The above property has been inspected as the result of the RCMP attending the location and it was found that alterations to the existing construction were undertaken to build a roof cover over the rear deck as well as facilitate activity involving the cultivation and processing of marijuana within the basement as well as a portion of the upper floor in the Single Family Dwelling. No Building Permits were obtained prior, neither for the construction nor for the change of use of the Single Family Dwelling in contravention of "BUILDING BYLAW 2003 NO. 5693, and as such a "Stop Work notice was attached to the Dwelling and all services were disconnected. The following life safety deficiency was noted at the time of the inspection; nonexistent hard wired, interconnected, ionized smoke alarms. File summary: Complaint received Inspection completed Letter advising of Council date for Section 57 Notice (Life safety deficiencies exist) dcowci, 0 Committee ...... - dapmwin~ 0 In-CamcraMeeting Meeting Date: 9001- flap -26 Property: 31 Lebarz Road - llleqal Grow-Op / Enclosed Carport Legal: Lot 5, Section 2, Nanaimo District, Plan 20851 P. I. D.: 003-454-673 Owner(s): Gordon R. Mcllwraith Cynthia Mcllwraith 31 Lebarz Road Nanaimo BC V9X 1A9, and Dixie Mcllwraith 6435 Wellington Avenue West Vancouver, BC V7W 2H7 The above property has been inspected as the result of the RCMP attending the location and it was found that alterations to the existing construction were undertaken to enclose the attached carport as well as facilitate activity involving the cultivation and processing of marijuana within the basement of the Single Family Dwelling. No Building Permits were obtained prior, neither for the construction nor for the change of use of the Single Family Dwelling in contravention of "BUILDING BYLAW 2003 NO. 5693", and as such a "Stop Work notice was attached to the Dwelling and all services were disconnected. A metal accessory building at the rear of the property does not comply with the property setbacks. The following life safety deficiencies were noted at the time of the inspection; the rear deck construction is dilapidated, nonexistent guard and handrail for front entry stairs, nonexistent handrail for interior stairs, nonexistent hard wired, interconnected, ionized smoke alarms, no proof of approved Gas Permit and installation. File summary: Complaint received Inspection completed Letter advising of Council date for Section 57 Notice (Life safety deficiencies exist) Respectfully submitted, L" T. P. Seward, Director Permits and Properties DEVELOPMENT SERVICES DEPARTMENT DEVELOPMENT SERVICES DEPARTMENT NLR g:/devbld/nelda/counci1/2007reporV2007mar26Section 57 report.doc 75 STAFF REPORT REPORT TO T.P. SEWARD, DIRECTOR OF PERMITS AND PROPERTIES FROM RANDY CHURCHILL, MANAGER OF BYLAW SERVICES RE: ILLEGAL GROW OPERATION PROPERTY: 4022 Uplands Drive LEGAL: Lot 5, District Lot 17, Wellington District, Plan 31939 OWNER: Lan Nhu Dinh 4022 Uplands Drive Nanaimo, BC V9T 4H1 STAFF'S RECOMMENDATION: That Council, by Resolution pursuant to Sections 72 and 73 of the Community Charfer, order the owner to remove the structure or bring it up to standard within thirty (30) days and that any cost incurred by the Municipality be recovered pursuant to the Community Charter. EXECUTIVE SUMMARY: The above property contains an illegal grow operation 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 grow operation in a single family dwelling. Registered mail was sent to the owner advising that Council, at its meeting of 2007-Mar-26, will give consideration to ordering the structure removed or brought up to standard pursuant to Sections 72 and 73 of the Community Charter. 0spectfully submitted, -. -. Randy Churchill T.P. Seward ~ana~er Director Bylaw Services Permits and Properties BTmit 0 Committee...... OpefI Wing P In-Camera Mm Meeting Oar. 2~-Aar-s IN THE MATTER OF A RESOLUTION MADE PURSUANT TO SECTION 73 OF THE COMMUNITY CHARTER NOW THEREFORE BE IT RESOLVED THAT it is the opinion of the Council that the real property, building or structure located at: 4022 Uplands Drive which is legally known and described as: Lot 5, District Lot 17, Wellington District, Plan 31939 is in such a condition as to be unsafe or is contrary to City of Nanaimo "Building Bylaw 2003 No. 5693" and is therefore declared to be a hazard pursuant to the provisions of Section 73 of the Community Charter, FURTHER BE IT RESOLVED that the Council orders and directs that the owners: Lan Nhu Dinh 4022 Uplands Drive Nanaimo, BC V9T 4H1 (hereinafter called "the Owner") remove the structure or bring it up to standard. This work is to be completed within 30 days after the service of this order and direction made pursuant to the provisions of the Community Charter. The Council further orders that should the Owner fail to comply with the order made by this Resolution, the City or its authorized agents may enter and affect the work, and the Owner shall pay the costs of such work to the Municipality forthwith, and in the default of payment, the amount of such costs, including incidental expenses, incurred by the Municipality in carrying out the order, if unpaid on December 31 in any year, shall be added to and form part of the taxes payable on the private lands as taxes in arrears. The Manager of Bylaw Services is hereby authorized to ensure that the requirements of this Resolution are carried out. Passed by the Council of the City of Nanaimo in open meeting at Nanaimo, British Columbia this 26" day of March 2007. STAFF REPORT REPORT TO T.P. SEWARD, DIRECTOR OF PERMITS AND PROPERTIES FROM RANDY CHURCHILL, MANAGER OF BYLAW SERVICES RE: ILLEGAL GROW OPERATION PROPERTY: 31 Lebarz Road LEGAL: Lot 5, Section 2, Nanaimo District, Plan 20851 OWNER: Gordon Robinson Mcllwraith Dixie Mcllwraith Cynthia Mcllwraith 6435 Wellington Ave 31 Lebarz Road West Vancouver, BC Nanaimo, BC V9X 1A9 V7W 2H7 STAFF'S RECOMMENDATION: That Council, by Resolution pursuant to Sections 72 and 73 of the Community Charter, order the owner to remove the structure or bring it up to standard within thirty (30) days and that any cost incurred by the Municipality be recovered pursuant to the Community Charter. EXECUTIVE SUMMARY: The above property contains an illegal grow operation 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 grow operation in a single family dwelling. Registered mail was sent to the owner advising that Council, at its meeting of 2007-Mar-26, will give consideration to ordering the structure removed or brought up to standard pursuant to Sections 72 and 73 of the Community Charter. Randy Churchill T.P. Seward Manager Director Bylaw Services Permits and Properties a'cd a Committee...... -. @'ope~wng O In-Camera Meeting Meeting Daa -1- rhr-24- IN THE MATTER OF A RESOLUTION MADE PURSUANT TO SECTION 73 OF THE COMMUNIN CHARTER NOW THEREFORE BE IT RESOLVED THAT it is the opinion of the Council that the real property, building or structure located at: 31 Lebarz Road which is legally known and described as: Lot 5, Section 2, Nanaimo District, Plan 20851 is in such a condition as to be unsafe or is contrary to City of Nanaimo "Building Bylaw 2003 No. 5693" and is therefore declared to be a hazard pursuant to the provisions of Section 73 of the Community Charter. FURTHER BE IT RESOLVED that the Council orders and directs that the owners: Gordon Robertson Mcllwraith Dixie Mcllwraith Cynthia Mcllwraith 6435 Wellington Avenue 31 Lebarz Road West Vancouver, BC Nanaimo, BC V9X 1A9 V7W 2H7 (hereinafter called "the Owner") remove the structure or bring it up to standard. This work is to be completed within 30 days after the service of this order and direction made pursuant to the provisions of the Community Charter. The Council further orders that should the Owner fail to comply with the order made by this Resolution, the City or its authorized agents may enter and affect the work, and the Owner shall pay the costs of such work to the Municipality forthwith, and in the default of payment, the amount of such costs, including incidental expenses, incurred by the Municipality in carrying out the order, if unpaid on December 31 in any year, shall be added to and form part of the taxes payable on the private lands as taxes in arrears. The Manager of Bylaw Services is hereby authorized to ensure that the requirements of this Resolution are carried out. Passed by the Council of the City of Nanaimo in open meeting at Nanaimo, British Columbia this 26" day of March 2007. STAFF REPORT REPORT TO: T. P. SEWARD, DIRECTOR, PERMITS AND PROPERTIES FROM: J. D. KINCH, MANAGER, BUILDING INSPECTION DIVISION RE: ILLEGAL CONSTRUCTION 1 SECONDARY SUITE 3147 SMUGGLERS HILL DRIVE STAFF'S RECOMMENDATION: That Council, by Resolution, pursuant to Sections 72 and 73 of the Community Charter, order the owner(s) to remove the structure or bring it up to standard within thirty (30) days and that any cost incurred by the Municipality be recovered pursuant to the Community Charter. EXECUTUVE SUMMARY: PROPERTY: 3147 Smugglers Hill Drive LEGAL: Lot 9, Section 15, Wellington District, Plan 20645 P. I. D.: 003-547-957 OWNER(S): Gary J. Plumpton Sheila M. Plumpton 3147 Smugglers Hill Drive Nanaimo BC V9T 1H7 The above noted property was inspected on 2006-NOV-29 as the result of the City of Nanaimo, Revenue Services Section review of properties where additional billing of services is requested. It was found that illegal construction had taken place to incorporate a Secondary Suite within the basement of the Single Family Dwelling. No Building Permits were obtained for the construction in contravention of "BUILDING BYLAW 2003 NO. 5693". At the Regular Meeting of Council held 2007-JAN-1 1, Council passed a resolution respecting the contravention of certain bylaws pursuant to Section 57 of the Community Charter and as such Bylaw Contravention Notice FB007068 was registered with the Land Title and Survey Authority of British Columbia on 2007-JAN-24 to reflect the illegal construction. File Summarv: Received file from Revenue Services Section Letter requesting inspection Inspection completed Letter requesting Building Permit application Letter advising of Council date for Section 57 Notice Registered letter advising of Council date for Structure Removal ~rd~~~2007-MAR-08 (Life safety deficiencies exist) 0 Committee...... 80 Meting 0@'hell M3lneraMna BACKGROUND: The Building lnspector attended 3147 Smugglers Hill Drive on 2006-NOV-29 and identified that construction had been undertaken to facilitate the incorporation of a Secondary Suite in the basement. Safety deficiencies have been identified, including, interconnected heating system, nonexistent automatic ventilation, nonexistent smoke detection, inadequate fire separations between the dwellings, nonexistent twenty minute fire rated doors between the dwellings, inadequate egress in bedrooms, no proof of approved Electrical Permit and installation. One additional off street parking stall has not been provided for the Suite, there are three bedrooms within the Suite, the living space of the Secondary Suite exceeds the maximum allowable 40 percent within the Single Family Dwelling in contravention of "ZONING BYLAW 1993 NO. 4000" and Council's Secondary Suite Policy. On 2006-DEC-05 correspondence was sent to the property owners requesting a Building Permit application prior to 2007-JAN-19. To date the Building Permit application has not been forthcoming and the Building lnspector has not received confirmation that the removal of the Secondary Suite has taken place. Given these circumstances Staff recommend that Council consider an order to removelupgrade at this time. Correspondence was sent to the owners by registered mail advising that Council, at its Regular Meeting to be held 2007-MAR-26, will give consideration to ordering that the structure be removed or brought up to standard. Respectfully submitted, T. P. Seward, Director P' Building inspection Division Permits and Properties DEVELOPMENT SERVICES DEPARTMENT DEVELOPMENT SERVICES DEPARTMENT COUNCIL: 2007-MAR-26 p:/callslattachrnentlds213878/councilreportillegalstructure.doc IN THE MATTER OF A RESOLUTION MADE PURSUANT TO SECTION 73 OF THE COMMUNITY CHARTER NOW THEREFORE BE IT RESOLVED THAT it is the opinion of the Council that the real property, building or structure located at: 3147 Smugglers Hill Drive which is legally known and described as: Lot 9, Section 15, Wellington District, Plan 20645 P. I. D.: 003-547-957 is in such a condition as to be unsafe or is contrary to "BUILDING BYLAW 2003 NO. 5693" and is therefore declared to be a hazard pursuant to the provisions of Section 73 of the Community Charter. FURTHER BE IT RESOLVED that the Council orders and directs that the owner(s): Gary J. Plumpton Sheila M. Plumpton 3147 Smugglers Hill Drive Nanaimo BC V9T 1H7 (hereinafter called "the Owner") Remove the Secondary Suite or bring it up to standard. This work is to be completed within 30 days after the service of this order and direction made pursuant to the provisions of the Community Charter. The Council further orders that should the Owner fail to comply with the order made by this Resolution, the City or its authorized agents may enter and affect the work, and the Owner shall pay the costs of such work to the Municipality forthwith, and in the default of payment, the amount of such costs, including incidental expenses, incurred by the Municipality in carrying out the order, if unpaid on December 31 in any year, shall be added to and form part of the taxes payable on the private lands as taxes in arrears. The Manager of Bylaw Services is hereby authorized to ensure that the requirements of this Resolution are carried out. Passed by the Council of the City of Nanaimo in Open Meeting at Nanaimo, British Columbia this 26'h day of March 2007. STAFF REPORT REPORT TO: T. P. SEWARD, DIRECTOR, PERMITS AND PROPERTIES FROM: J. D. KINCH, MANAGER, BUILDING INSPECTION DIVISION RE: ILLEGAL CONSTRUCTION 1 STRUCTURAL ALTERATIONS 82 - 2575 MCCULLOUGH ROAD STAFF'S RECOMMENDATION: That Council, by Resolution, pursuant to Sections 72 and 73 of the Community Charter, order the owner(s) to remove the structure or bring it up to standard within thirty (30) days and that any cost incurred by the Municipality be recovered pursuant to the Community Charter. EXECUTUVE SUMMARY: PROPERTY: B2 - 2575 McCullough Road LEGAL: Lot 1, Section 19, Range 8, Mountain District, Plan VIP62624 P. I. D.: 023-317-1 75 OWNER(S): Canwest Mediaworks Inc. 201 Portage Avenue, 3lStFloor Winnipeg MB R3B 3L7 The above noted property was inspected on 2005-MAY-18 as the result of a Business Licence application inspection. At the time of the inspection it was found that illegal construction had taken place to incorporate a mezzanine and divide Unit B2 of 2575 McCullough Road into two individual units. No Building Permits were obtained for the construction in contravention of "BUILDING BYLAW 2003 NO. 5693". At the Regular Meeting of Council held 2006-JUN-26, Council passed a resolution respecting the contravention of certain bylaws pursuant to Section 57 of the Community Charter and as such Bylaw Contravention Notice FA084861 was registered with the Victoria Land Title and Survey Authority of British Columbia on 2006-JUL-12 to reflect the illegal construction. File Summary: Business Licence Application inspection completed 2005-MAY-18 Letter requesting Building Permit application 2005-MAY-18 Received Building Permit Application BPI09224 2005-AUG-24 Letter to Architect requesting required information for further application review 2005-SEP-19 Letter advising of Council date for Section 57 Notice 2006-JUN-16 Letter advising of Council date for Structure Removal Order 2007-MAR-08 (Life safety deficiencies exist) rdcouncil BACKGROUND: The Building Inspector attended Unit B2 - 2575 McCullough Road on 2005-MAY-18 and identified that construction had been undertaken to incorporate a mezzanine and divide Unit B2 of 2575 McCullough Road into two individual units without the required Permits and inspections. On 2005-MAY-18 correspondence was sent to the property owners requesting a Building Permit application. On 2005-AUG-22 Building Permit application No.: 109224 was received for the Commercial Alteration. To date Staff has not been able to issue the Building Permit as the required information has not been forthcoming; the Building Inspector has not received confirmation that the removal of the offending construction has taken place. Signage Canada is currently operating a business without an approved Business Licence in contravention of "BUSINESS LICENCE BYLAW 1998 NO. 5353. Safety deficiencies include; lack of adequate egress, nonexistent fire separation and improper guardrails. Given these circumstances Staff recommend that Council consider an order to removelupgrade at this time. Correspondence was sent to the owners by registered mail advising that Council, at its Regular Meeting to be held 2007-MAR-26, will give consideration to ordering that the structure be removed or brought up to standard. Respectfully submitted, T. P. Seward, Director Permits and Properties DEVELOPMENT SERVICES DEPARTMENT DEVELOPMENT SERVICES DEPARTMENT COUNCIL: 2007-MAR-26 p:/callslattachmentlcfs200865/councilreportillegalstructure.doc IN THE MATTER OF A RESOLUTION MADE PURSUANT TO SECTION 73 OF THE COMMUNITY CHARTER NOW THEREFORE BE IT RESOLVED THAT it is the opinion of the Council that the real property, building or structure located at: B2 2575 McCullough Road Nanaimo, BC which is legally known and described as: Lot 1, Section 19, Range 8, Mountain District, Plan VIP62624 P.I.D.: 023-317-175 is in such a condition as to be unsafe or is contrary to "BUILDING BYLAW 2003 NO. 5693" and is therefore declared to be a hazard pursuant to the provisions of Section 73 of the Community Charter. FURTHER BE IT RESOLVED that the Council orders and directs that the owner(s): Canwest Mediaworks Inc. 201 Portage Avenue, 31st Floor Winnipeg MB R3B 3L7 (hereinafter called "the Owner") Remove the illegal construction. This work is to be completed within 30 days after the service of this order and direction made pursuant to the provisions of the Community Charter. The Council further orders that should the Owner fail to comply with the order made by this Resolution, the City or its authorized agents may enter and affect the work, and the Owner shall pay the costs of such work to the Municipality forthwith, and in the default of payment, the amount of such costs, including incidental expenses, incurred by the Municipality in carrying out the order, if unpaid on December 31 in any year, shall be added to and form part of the taxes payable on the private lands as taxes in arrears. The Manager of Bylaw Services is hereby authorized to ensure that the requirements of this Resolution are carried out. Passed by the Council of the City of Nanaimo in Open Meeting at Nanaimo, British Columbia this ~6'~day of March 2007. STAFF REPORT TO T.P. SEWARD, DIRECTOR, PERMITS AND PROPERTIES FROM RANDY CHURCHILL, MANAGER OF BYLAW SERVICES RE: PROPERTY MAINTENANCE BYLAW 1990 NO. 3704 PROPERTY: 4394 Tiki Way LEGAL: Lot 8, District Lot 41, Wellington District, Plan 30056 OWNER: Alex Shevelyov Madeleine Shevelyov 5740 Cranley Drive West Vancouver, BC V7W 1S8 STAFF'S RECOMMENDATION: That Council, pursuant to "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704", direct the owner of the property to remove from the premises those items as set out in the attached resolution 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 2007-Mar-06. A bylaw enforcement officer inspected the property and found discarded household furniture and appliances, automobile parts, wood debris, household items, and miscellaneous debris. Photographs were taken and are available for viewing. BACKGROUND: This is the second property maintenance complaint about this address. The owner was advised by registered mail that Council, at its meeting of 2007-Mar-26, 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. Respectfully submitted, fl e flandy Churchill T.P. Seward ~ana~er Director Bylaw Services/Business Licences Permits and Properties Council: 2007-Mar-26 Wcow~jl CI Committee...... d~pen Wing Q In-Camera Meeting Meeting Daff 2w37 -flnr -26 86 THAT pursuant to the provisions of the "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704 IT IS HEREBY RESOLVED that: Alex Shevelyov Madeleine Shevelyov 5740 Cranley Drive West Vancouver, BC V7W IS8 owner of the property located at: 4394 Tiki Way which is legally known and described as: Lot 8, District Lot 41, Wellington District, Plan 30056 be directed to clean up the property described above, within 14 days after the service of this order, as Council deems the property to be unsightly due to the accumulation of household furniture and appliances, automobile parts, wood debris, household items, and miscellaneous debris. and to specifically remove the household furniture and appliances, automobile parts, wood debris, household items, and miscellaneous debris. AND BE IT FURTHER RESOLVED that in default of the removal, the municipality, by its employees and others, may enter and effect the removal at the expense of the person defaulting and the charges for so doing, if unpaid on December 31'' in any year, shall be added to and form part of the taxes on the real property as taxes in arrears. AND BE IT FURTHER RESOLVED that the Manager of Bylaw Services of the City of Nanaimo is hereby authorized to ensure that the requirements of this order are carried out as are provided for in the said bylaw. Passed by the Council of the City of Nanaimo in open meeting assembled at Nanaimo, British Columbia this ~6'~day of March 2007. STAFF REPORT REPORT TO: ANDY LAIDLAW, GENERAL MANAGER, COMMUNITY SERVICES FROM: STEPHEN RICKETTS, MANAGER, ENGINEERING CONSTRUCTION RE: TERASEN GAS LOCATE POLICY RECOMMENDATION: That Council pass the following resolution and bring it forward at the Association of Vancouver Island Coastal Communities (AVICC) Annual General Meeting: NATURAL GAS LINE LOCATION BY GAS UTILITIES WHEREAS pursuant to the Gas Safety Regulation, BC Reg. 10312004, under the Safety Standards, Act, SBC 2003 c.39, a gas utility company has the option of indicating the location of buried gas lines by way of a plan provided to the local government rather than marking out the location on site; AND WHEREAS the installation methods for buried natural gas lines in many instances result in deflection from the intended alignment, with the result that plans provided by the major natural gas utility in the Province are not conducive to accurate location of gas lines in the field; AND WHEREAS the consequences of a gas line rupture can be extremely serious for residents, businesses and local government employees; THEREFORE BE IT RESOLVED THAT the Province be asked to amend the Gas Safety Regulation to require the gas utility company to attend on site to mark out buried gas line locations in connection with excavation work. EXECUTIVE SUMMARY When working in the vicinity of gas mains, Vancouver Island municipalities and contractors have relied on Terasen Gas to physically locate their gas utility. Terasen has provided these field locate services on Vancouver Island since an lnterim Operating Agreement was enacted in 1991. Terasen will discontinue this service to the municipalities as of April 2, 2007. Staff believe the removal of this service will jeopardize the safety of City employees and the general public, will increase the City's liability when working near Terasen's gas utility, and will download the costs to provide these locate services to the municipal taxpayers, many of whom are not Terasen customers or cannot be physically provided with natural gas. In 1991, Staff believe Terasen committed to providing field locate services during the BC Utilities Commission hearings that established the current lnterim Operating Agreement with Terasen. To quote from the hearing transcripts, Jac Kreut, President, Terasen said: "The responsibility for the location of that pipeline is squarely on the shoulders of the gas utility. We would not like to see someone else attempt, aeJ"Cwre the Q ommlttee...... -. dopenm 0 In-Cam Meehng Meetfng Date -&XI7 - &T.=G municipalities don't want to take the responsibility for having to locate the pipelines and ensure that they're absolutely in the right spot. We do take that responsibility. We take that responsibility very seriously". Terasen has refused to recognize the municipal concerns of increased liability, safety of the worker and general public, and downloading of costs. Staff have developed an action plan to require Terasen to reinstate this service: 1. Request Council bring a resolution to AVlCC Annual General Meeting asking the Province to change the legislation to require Terasen to provide field locates of their utility. 2. Staff, in conjunction with other Vancouver lsland municipalities, will pursue the municipalities ability to enact a bylaw to require private utility companies to physically locate their utility. 3. If Council is unable to enact a bylaw, Staff, in conjunction with other Vancouver lsland municipalities, will pursue an application to the BC Utilities Commission asking the BC Utilities Commission to amend the lnterim Operating Agreement to require field locates. 4. Staff will continue to gather evidence to support Staffs position that Terasen's removal of field locate services poses an increased safety risk to the worker and general public. DISCUSSION: The BC Utilities Commission mandated an lnterim Operating Agreement between Terasen, (formerly Centra Gas) and the Vancouver lsland municipalities in 1991. Municipal concerns raised during the hearings leading up to this agreement included the accuracy of as-built drawings which record the installed location of the gas utility. It was during these hearings, Terasen represented they would provide field locate services for their gas mains to mitigate the Municipalities' concerns with the as-built drawings. Municipalities have received field locate services ever since. Terasen stopped providing this valuable service to the contracting community last year, and in October 2006, advised Staff of their plan to no longer provide this service to all Vancouver lsland Municipalities. Staff are of the opinion: The Terasen as-built drawings are not reliable. Design drawings approved for construction included the disclaimer, "Terasen Gas does not guarantee the accuracy of this drawing, therefore, it should be used for reference purposes only. Companies or individuals should not rely on this documentation. All pipe locations must be verified in the field by Terasen Gas prior to excavation". The removal of field locate services increases the potential for gas main hits and as a result increases the risk to workers and general public. Excavation companies, which include City crews, will inherit the liability associated with field locating gas mains. The City will incur additional costs of up to $150Wyear to hire a private locate company to replace this service. Gas utility field locates are provided in every jurisdiction in North America, except British Columbia. Terasen advised Staff they do not provide field location services to any municipality in British Columbia except on Vancouver Island. This change is to standardize Terasen's operation in British Columbia. Staff see the differences on Vancouver lsland being: Terasen's commitment to provide field locate services was a major factor in municipal approvals for gas utility installations. Vancouver Island operates under a different Operating Agreement. • Other municipalities in the province receive franchise fees that could be used to offset the City costs to provide locates; Vancouver Island municipalities do not. The requirements for locating gas utilities is regulated by the Gas Safety Act which falls under the BC Safety Authority. Terasen's removal of field locate services is interpreted by the BC Safety Authority as still complying with the Gas Safety Act, but are monitoring the change to ensure there are no increased safety concerns. The BC Construction Association also share the same concerns and are actively lobbying the Province to make legislative changes. The BC Construction Association is a member of the BC Common Ground Alliance whose mandate is to ensure the highest possible standards of public safety, worker safety and damage prevention in connection with underground infrastructure. The City of Nanaimo has joined the BC Common Ground Alliance to ensure there is strong municipal representation. Terasen's decision has unified Vancouver Island Municipalities to oppose this change. The Municipalities met with Terasen on Feb 7, 2007 to present our concerns with the hope Terasen would honour their President's commitment to the Vancouver Island Municipalities. Terasen advised the Municipalities they would not honour their commitment, and refused to recognize the concerns with increased liability, safety of the worker and general public, and downloading of costs. Following the meeting, Terasen gave notice they will no longer provide field locate services as of April 2, 2007. In response to Terasen's position, Staff developed the action plan as outlined in the Executive Summary. Staff will not be able to resolve the issue before Terasen's April 2, 2007 deadline. To ensure the safety of our City employees and the general public when working around Terasen's gas utility, as an interim measure, Staff will hire a private contractor to provide the service. Respectfully submitted, A Stephen Ricketts, Manager, ~ngineeringconstruction ~nginedY' & Public Works Andy Laidlaw, General Manager Community Services STAFF REPORT REPORT TO: K. M. (Mac) MACKENZIE, DIRECTOR, ENGINEERING & PUBLIC WORKS FROM: STEPHEN RICKETTS, MANAGER, ENGINEERING CONSTRUCTION RE: TERMINAL AVENUE 1 TERMINAL PARK INTERSECTION UPGRADES RECOMMENDATION: That Council award the contract for the Terminal Avenue / Terminal Park lntersection Upgrades to the low tenderer, Hub City Paving, for the low bid of $655,035.85. EXECUTIVE SUMMARY: Tenders were called for the Terminal Avenue / Terminal Park lntersection Upgrades contract on 2007-MAR-06. Three tenders were received by the Director of Legislative Services on Tuesday, 2007-MAR-20 and opened in the Board Room, City Hall at 2:00 p.m. 1. Hub City Paving $655,035.85 2. Hub Excavating Ltd. $727,378.00 3. Hazelwood Construction Services (1999) Inc. $762,457.75 The tenders have been checked and no errors were found. The low tender of $655,035.85 is within the City's capital budget. Respecffully submitted, A Engineering Construction Andy Laidlaw, General Manager, Community Services dcd 0 mrnkte ...... -- dmwng tl In-Camera Meeting - MeetingM m-AQcab Terminal Avenue / Terminal Park Intersection Upgrades INFORMATION ONLY TO: ANDY LAIDLAW, GENERAL MANAGER COMMUNITY SERVICES FROM: RON LAMBERT, FlRE CHIEF RE: FlRE STATION 4 ENVIRONMENTAL AND ENERGY EFFICIENT MEASURES RECOMMENDATION: That Council receives this report for information. EXECUTIVE SUMMARY: Council has established a policy for all new City facilities to be built to meet Leadership in Energy and Environmental Design (LEED) Silver Certification. The primary environmental and energy efficient measures used in the design of Fire Station 4 incorporates storm water management, water efficiency, energy efficiency for heating, ventilation and lighting systems as well as recycled and regional building materials. BACKGROUND: To meet the LEED silver certification, the design team have identified the most cost-effective environmental and energy efficient measures and incorporated them into design features for Fire Station 4. A summary of 'green building' initiatives that will be incorporated include: Storm Water Management Features - To protect Wexford Creek, a water collection tank, bio swales and a detention pond to treat storm water from roof and parking areas will be incorporated into the drainage system. The drainage system is designed to limit flows to pre-development levels for both quantity and quality. Sedimentation and erosion control features are incorporated in the design of both the construction period and permanent drainage system. Landscape - The use of vegetation for shade will reduce the building's "heat island" effect. This will have a positive impact on costs to cool the building in summer months. The use of native plants will eliminate use of chemical fertilizers, the need for a permanent irrigation system and reduce maintenance. Hard surfaced areas will select materials that are reflective and will reduce the heat island effect of the building. Lightinq - The lighting system will utilize energy efficient fluorescent fixtures. 'Occupancy sensors' will be installed in low traffic areas. Internal and external indirect light fixtures and 0 a placement are designed to reduce light pollution to neighbouring properties. 4 Water Efficiency - A number of water efficiency initiatives are targeted to conserve potable water resources. Landscape design will include 'drought tolerant' plants to limit the need for a permanent irrigation system. A water collection tank will 'recycle' site rain water for reuse. Plumbing technologies include low flow fixtures for sinks, showers and waterless urinals. Enersv Efficiencv - Lighting, heating system and equipment is designed to reduce consumption and optimize energy performance. The floor plan and operable window placement supports natural lighting in all regularly occupied areas with utilization of outside air to reduce energy consumption. Slab radiant pipes will be used in the main floor grade for radiant heating and cooling. This will be particularly energy efficient for heating apparatus bays where overhead doors are frequently used. Personal Protective Gear storage will use mesh to enhance drying by air circulation. Ozone Friendly HVAC System - The HVAC system will incorporate a non- chlorofluorocarbons (CFC) system as they are ozone depleting substances. Material Recvclinq - A construction waste management plan will be followed to recycle andlor divert formwork, packaging and wood products from the landfill. Approximately 50 percent of the waste will be diverted from the landfill. Regular household recycling will also be conducted throughout the construction process and once occupied. Use of Reused and Reaional Materials - The LEED system places an emphasis on using building materials and products extracted, processed or manufactured within the region. A large portion of the building will be wood frame construction and this is considered a renewable material. Besides its environmental benefits, this supports the local economy. The detailed design will consider the reuse of wood timbers from the demolished 'Foundry' building in a portion of the building. Indoor Air Qualitv - Indoor air quality can have a direct effect on the health and wellness of people using the building. Windows will open to provide natural ventilation and the mechanical ventilation system will ensure air change effectiveness. The apparatus bays will have a built-in extraction system for apparatus exhaust. Use of Low V.O.C. Materials - The indoor environment will also be constructed with low volatile organic compounds (V.O.C.) materials. Often, indoor chemical and pollutant sources from materials are present after installation. Low emitting paint, adhesives and sealant materials will be utilized to minimize the release of gassing. A 'green roof' is also being considered for the small flat roof (traininglmeeting room) portion on the front side of the building. Green roofs provide some insular qualities that impact interior temperatures and reduce the "heat island" effect. Currently, Staff believes that LEED points related to the heat island effect are already achieved. As such, the cost was not included within the current estimates but if construction costs be 'under budget', this feature may be included for it's insular values. The building system with the structural and architectural features, mechanical and electrical systems and landscape design will put high priority on the green building and sustainability issue. Life cycle cost analysis and benefits have been considered to achieve the LEED Silver Certification. Respectfully submitted, Ron Lambert Andy Laidlaw FIRE CHIEF GENERAL MANAGER, COMMUNITY SERVICES 2007 MAR 06 g:\1 admin\02~counlgovt\02~~unc~rpk\2007\Stn4-LEEDs-lnfoReport.doc CITY OF NANAIMO BYLAW NO. 4000.409 A BYLAW TO AMEND THE CITY OF NANAIMO "ZONING BYLAW 1993 NO. 4000" WHEREAS the Council may zone land, by bylaw, pursuant to Sections 890, 891, 903 and 904 of the Local Government Act; THEREFORE BE IT RESOLVED the Municipal Council of the City of Nanaimo, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited as the "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.409. 2. The City of Nanaimo "ZONING BYLAW 1993 NO. 4000 is hereby amended by rezoning all lands within those areas outlined on the attached Schedule '.A'from Rural Agricultural/Residential Zone (A-2) to Light Industrial Zone (1-2). PASSED FIRST READING 2007-FEB-12. PASSED SECOND READING 2007-FEB-12. PUBLIC HEARING HELD 2007-MAR-01. PASSED THIRD READING 2007-MAR-1 2. APPROVED BY MINISTRY OF TRANSPORTATION 2007-MAR-15. ADOPTED MAYOR DIRECTOR, LEGISLATIVE SERVICES File: RA000 177 Address: 491 0 Goodwin Place Applicant: Malaview Development Ltd. SCHEDULE A File : RAOOOl77 Civic: 4910 Goodwin Place ClTY OF NANAIMO BYLAW NO. 4000.409 A BYLAW TO AMEND THE ClTY OF NANAIMO "ZONING BYLAW 1993 NO. 4000" WHEREAS the Council may zone land, by bylaw, pursuant to Sections 890, 891, 903 and 904 of the Local Government Act; THEREFORE BE IT RESOLVED the Municipal Council of the City of Nanaimo, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited as the "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.409". 2. The City of Nanaimo "ZONING BYLAW 1993 NO. 4000" is hereby amended by rezoning all lands within those areas outlined on the attached Schedule '.A1 from Rural AgriculturallResidential Zone (A-2) to Light Industrial Zone (1-2). PASSED FIRST READING 2007-FEB-12. PASSED SECOND READING 2007-FEB-12. PUBLIC HEARING HELD 2007-MAR-01. PASSED THIRD READING 2007-MAR-1 2. APPROVED BY MINISTRY OF TRANSPORTATION Do7 - pl4-k- J5 ADOPTED MAYOR DIRECTOR, LEGISLATIVE SERVICES File: RAOOOI 77 Address: 491 0 Goodwin Place Applicant: Malaview Development Ltd. Approved under the Transportation Act CITY OF NANAIMO BYLAW NO. 7042 A BYLAW TO AUTHORIZE THE DISCHARGE OF A LAND USE CONTRACT WHEREAS the City of Nanaimo entered into a Land Use Contract with GREAT NATIONAL LAND AND INVESTMENT CORPORATION LTD., for the purpose of determining the terms and conditions under which P.I.D. 000-289-604, LOT A, SECTION 5, WELLINGTON DISTRICT, PLAN 40693, EXCEPT PART IN PLAN VIP63696 (the "Lands") should be developed; AND WHEREAS the said Land Use Contract was registered in the Victoria Land Title Office under G37751 on April 28th, 1978; AND WHEREAS the City of Nanaimo has agreed to release and discharge said Land Use Contract from title to the Lands. NOW THEREFORE the Council of the City of Nanaimo, in open meeting assembled, ENACTS AS FOLLOWS: -Title 1. This Bylaw may be cited for all purposes as the City of Nanaimo "LAND USE CONTRACT DISCHARGE BYLAW 2007 NO. 7042". Discharge 2. The City of Nanaimo does hereby discharge the Land Use Contract registered against the Lands in the Victoria Land Title Office on April 28th, 1978 under number G37751. Execution of Documents 3. The Mayor and Director of Legislative Services are hereby authorized to execute all documents necessary for the discharge of the Land Use Contract from title to the Lands. PASSED FIRST READING 2007-FEB-12. PASSED SECOND READING 2007-FEB-12. PUBLIC HEARING HELD 2007-MAR-01. PASSED THIRD READING 2007-MAR-12. APPROVED BY MINISTRY OF TRANSPORTATION 2007-MAR-15. ADOPTED MAYOR DIRECTOR, LEGISLATIVE SERVICES File: RAI 77 Address: 4910 Goodwin Place Applicant: Malaview Development Ltd. 98 CITY OF NANAIMO BYLAW NO. 7042 A BYLAW TO AUTHORIZE THE DISCHARGE OF A LAND USE CONTRACT WHEREAS the City of Nanaimo entered into a Land Use Contract with GREAT NATIONAL LAND AND INVESTMENT CORPORATION LTD., for the purpose of determining the terms and conditions under which P.I.D. 000-289-604, LOT A, SECTION 5, WELLINGTON DISTRICT, PLAN 40693, EXCEPT PART IN PLAN VIP63696 (the "Lands") should be developed; AND WHEREAS the said Land Use Contract was registered in the Victoria Land Title Office under G37751 on April 28th, 1978; AND WHEREAS the City of Nanaimo has agreed to release and discharge said Land Use Contract from title to the Lands. NOW THEREFORE the Council of the City of Nanaimo, in open meeting assembled, ENACTS AS FOLLOWS: -Title 1. This Bylaw may be cited for all purposes as the City of Nanaimo "LAND USE CONTRACT DISCHARGE BYLAW 2007 NO. 7042". Discharqe 2. The City of Nanaimo does hereby discharge the Land Use Contract registered against the Lands in the Victoria Land Title Office on April 28th, 1978 under number G37751. Execution of Documents 3. The Mayor and Director of Legislative Services are hereby authorized to execute all documents necessary for the discharge of the Land Use Contract from title to the Lands. PASSED FIRST READING 2007-FEB-12. PASSED SECOND READING 2007-FEB-12. PUBLIC HEARING HELD 2007-MAR-01. PASSED THIRD READING 2007-MAR-1 2. APPROVED BY MINISTRY OF TRANSPORTATION 2°7-uhR-15 ADOPTED Approved under the,Transportation Act MAYOR this 15 day offlock 2007 A /3 DIRECTOR, LEGISLATIVE SERVICES File: RA177 Address: 4910 Goodwin Place Applicant: Malaview Development Ltd. 99 CITY OF NANAIMO BYLAW NO. 7041 A BYLAW TO ESTABLISH VARIOUS FEES AND CHARGES THEREFORE BE IT RESOLVED that the Municipal Council of the City of Nanaimo, in open meeting assembled, HEREBY ENACTS AS FOLLOWS: 1. This Bylaw may be cited as "FEES AND CHARGES BYLAW 2007 NO. 7041". Imposition 2. The various fees and charges as set out in Schedules A, B, C, & D attached hereto and forming part of this Bylaw are hereby imposed. Repeal 3. This bylaw repeals "FEES AND CHARGES BYLAW 1988 NO. 3277" and any amendments thereto. PASSED FIRST READING 2007-MAR-12. PASSED SECOND READING 2007-MAR-12. PASSED THIRD READING 2007-MAR-12. ADOPTED MAYOR DIRECTOR, LEGISLATIVE SERVICES SCHEDULE 'A' LEGISLATIVE SERVICES Annual fee to receive Agendas and Minutes $300.00 per year Photocopying of documents $ 0.25 per page (8 % x 11 or 8 W x 14) $ 0.30 per page (11 x 14) SCHEDULE 'B' ENGINEERING AND PUBLIC WORKS Colour Prints up to 24 x 36 ThematicISpecial Maps Color Ortho 18 x 24 Prints Color Ortho 24 x 36 Prints B&W Prints 18 x 24 B&W Prints 24 x 36 Digital files of contours, legal cadastre, utilities $25.00 on CD in AutoCad DWG file Engineering Standards $50.00 SCHEDULE 'C' FIRE DEPARTMENT 1. Class "A" Burning Permit $ 10.00 per permit 2. Class "ABurning Permit (Annual) $100.00 per permit 3. Fuel Tank Installation Permits (1 There shall be a minimum charge of not less than $10.00 (ten dollars) for any one permit which shall apply only to one storage tank and one appliance to be used in conjunction thereof. Each additional appliance shall be charged at the minimum fee rate. (2) The following fees shall be levied in accordance with the gallon (litre) capacity of any one installation: (Litres) Gallons Per Tank (Litres) Charge Up to 250 ( 1,I 36.52) $ 10.00 ( 1,141.07) 251 to 500 ( 2,273.05) 15.00 ( 2,277.59) 501 to 750 ( 3,409.57) 20.00 ( 3,414.1 1) 751 to 1,000 ( 4,546.09) 25.00 ( 4,550.64) 1,001 to 1,500 ( 6,819.14) 30.00 ( 6,823.68) 1,501 to 2,000 ( 9,092.18) 40.00 ( 9,096.73) 2,001 to 2,500 ( 1 1,365.23) 45.00 ( 1 1,369.77) 2,501 to 3,000 ( 13,638.27) 50.00 ( 13,642.82) 3,001 to 3,500 ( 15,911.32) 55.00 ( 15,915.86) 3,501 to 4,000 ( 18,184.36) 60.00 ( 18,188.91) 4,001 to 4,500 ( 20,457.41 ) 65.00 ( 20,461.95) 4,501 to 5,000 ( 22,730.45) 70.00 ( 22,735.00) 5,001 to 7,500 ( 28,387.50) 82.50 ( 34,100.22) 7,501 to 10,000 ( 45,460.90) 95.00 ( 45,465.45) 10,001 to 50,000 ( 227,304.50) 200.00 (227,309.04) 50,001 to 100,000 ( 454,609.00) 300.00 (454,613.54) 100,001 to 200,000 ( 909,218.00) 400.00 (909,222.54) 200,001 to 500,000 (2,273,045.00) 750.00 Over 500,000 (2,273,045.00) 1,000.00 POLICE SERVICES (R.C.M.P.) Services: Criminal Record Checks (Regular) $25.00 Criminal Record Checks (Volunteer - Non-Profit) $1 0.00 Fingerprinting $25.00 AccidentICrime Scene: Field Diagram Scale Drawing Mechanical Inspection Report Reports: Motor Vehicle Accident Reports $25.00 Police Investigation Reports (including Court Orders) $60.00 Traffic Analyst Report $50.00 Insurance Letters $30.00 AudioNideo Tapes $25.00 CD/DVD/Electronic Media $25.00 Photocopying (billed in 15 minute increments) $30.00 per hour plus $ 0.25 per page Photographs $25.00 per transaction plus $ 1.50 per photograph Note: Volunteers of non-profit organizations receive a reduced rate if they reside within City of Nanaimo and they produce a signed and dated letter, on letterhead, from a non-profit organization that includes their name and outlines what their duties will be within the organization. CITY OF NANAIMO BYLAW NO. 7045 HIGHWAY CLOSURE AND DEDICATION REMOVAL BYLAW 2007 NO. 7045 WHEREAS the soil and freehold of every highway in the City of Nanaimo is vested in the City of Nanaimo; and WHEREAS the Council may, by bylaw pursuant to Section 40 of the Community Charter, both stop up and close to traffic a highway or a portion of it, and remove highway dedication; and WHEREAS it is deemed expedient to stop up and close to traffic and remove highway dedication to Goodwin Road for the purpose of disposing of the land to the adjacent landowner for consolidation with the adjacent landowner's lands; and WHEREAS all lands and premises immediately adjoining, and in the vicinity of the portion of highway that is stopped up and closed and highway dedication removed, are adequately serviced by well-established highways giving convenient access to all such premises; and WHEREAS public notice pursuant to Section 94 of the Community Charter has been published in a newspaper circulating 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 for all purposes as "HIGHWAY CLOSURE AND DEDICATION REMOVAL (PORTION OF GOODWIN PLACE) BYLAW 2007 NO. 7045". 2. Goodwin Place in Section 5, Wellington District shown as Closed Road comprising of 5,057.7 m2 on a plan to accompany City of Nanaimo Bylaw No. 7045, prepared by McElhanny Consulting Services Ltd., B.C. Land Surveyor and dated the 19th day of March, 2007, a print of which is attached as Schedule A to "HIGHWAY CLOSURE AND DEDICATION REMOVAL (PORTION OF GOODWIN PLACE) BYLAW 2007 NO. 7045", is hereby closed to all traffic. 3. The highway dedication of that part of Goodwin Place referred to in section 2 is hereby removed. Bylaw 7045 Page 2 4. His Worship the Mayor and the Director of Legislative Services are hereby authorized to execute all the necessary documents as may be required for the due completion of the aforesaid highway closure and dedication removal and affix the Seal of the Corporation thereto. PASSED FIRST READING PASSED SECOND READING Notice of intention to proceed with this bylaw was published on the day of , 2007 'and the day of , 2007 in the Nanaimo Daily News newspaper, circulating in the City of Nanaimo, pursuant to Section 94 of the Community Charter. PASSED THIRD READING APPROVED BY MINISTRY OF TRANSPORTATION ADOPTED MAYOR DIRECTOR, LEGISLATIVE SERVICES File: LD001413 Address: Goodwin Place REFERENCE PLAN TO ACCOMPANY CITY OF NANAIMO PLAN VIP ROAD DEDICATION CANCELLATION BYLAW No. OEPOmm H TK LAM) TlRE WEE AT WTmA. B.C. OF ME ROAD DEDICATED ON PLAN 40693, AND PARTS na OAY a . 203.. OF ROADS DEDICATED ON PLANS 40708 AND VIP63698, SECTION 5, WELLINGTON DISTRICT. REOGTRMI (PURSUANT TO SEC~ON40 OF ME C~MUNIWCHARTER AND SECTION 120 OF ME LAND nm ACT.) B.C.G.S. 92F.030 SCALE kl000 2.3 2.3 1050 60 PLAN 40693 ALL DbTAKES Am N NmMESS 0- KITED LEcimR / ~mam~mmFROllOQSERYAm EnCEV NTEQUTED WRCC rWW€NIS 78WAM 8W21. NTE- 9RVn A%% KI. 10. NMimo. HM IU (CSR5). naPWI9DVS(R(LMLEVa~LXSTuxn TO CaRm am DbTMES lUTRY mcur, LEYa WLMSBY A -0 FACTrX OF 03996%. eOlOm STMAW RCU POn FGDQ o mom STMNW tam mr m @ImrolEscamcan*uprrF(LM n mom mKnn ms sET PUN WP664.54 , PUN 40701 CITY OF NANAIMO TIS FIRM( LES wm M tuwm REOIUL mrm~ I. maJ. rAnm A msn mwu um mvnm a M MY OF MIX). N 8(rm9( CUVBI. CERTFY TMT I WAS PEYNT AT Am PEUYmALLY -mEo M 9RvEY RER(ESEHTE0 BY M R*)( AH) WTM mYn LH) PWI ME COMCT. TbE WATM a nrms D3.D WAS -DD 01 TK 19TH DAY OF MRM2W7. M PWI- WAS C(CRETED AM afcnm. *M M afwasr FL~ UC€R EW4WO79. 01 ME 19TU DAY ff fW+Ql2037. McQHUUiEY A52M1Am LW NRKIllC LX). PROmnOPlN UHD NRKmRS SUITE 1 - 1351 ESTNAN ROAD NAHAIMO. B.C. WS 3Y3 B.UZI. C.U OUR nLc 2232-80701-RfF1 SCHEDULE "A" OFFER TO PURCHASE MALAVEW DEVELOPMENT LTD., MC.NO. 300896 C/O2030 Mdaview Avenue West Sidney, BC V8L 5x6 (the "Purchaser") Hereby offers to purchase hm: CRY OF NANAIMO 455 Wallace Street Nanaimo, BC V9R 5J6 (the "City") WHEREAS the soil and hehold of every highway in the City of Nanaimo is vested in the City of Nmaimo; and WH[EREAS the Purchaser wishes to acquire a portion of highway to consolidate with their adjacent lands as described in this Agreement, on the tenns and conditions set out in this Agreeinat. NOW THEWORE, in consideration of the terms and conditions of tbis agreement the parties agree as follows: DESCRIPTION OF LANDS 1. The Purchaser is the owner in fee simple of parcels of land located in the City of Nanaimo and described as: Lot A, Section 5, Wellington District, Plan 40693, Except Part in Plan VIP 63696 PID: 000-289-604 Lot 2, Section 5, Wellington District, Plan VIP66454 PIP: 023-988-452 Lot 2, Section 5, Wellington District, Plan VIP67334 PID: 024-181-234 (the "Purchaser's Lands") 2. The City has possession and control of those portions of highway known as Goodwin Place and as generally shown outlined in bold on the plan attached as Schedule A to this Agreement. (the "City's Lands"). CONDITION PRECEDENT 3. This Offer is subject to the following conditions precedent and all obligations of the Purchaser adthe City under this Agreement are subject to the fblfillrnent at or piior to the Completion Date of the conditions preoedent hereinafter enumerated: (a) subject to the adoption of the Road Closure and Road Dedication Removal Bylaw No, 7045 by Council of the City of Wannimo; and (b) subject to final approval of the sale of the City's Lands by Council of the City of Nannimo, following completion of the public notice requirements as set out in Section 26 of the Commmify Charter, such approval to be panted or withheld at the sole discretion of Council of thc City of Nankno. These conditions are fm the sole benefit of the City and inay be waived by the City at its sole discretion and unless so waived in writing this Agreement shall be null and void. TITLE 4. Title to the City's Lands shall be free of all charges and encumbrances save and except reservations, limitatioils am1 provisos contained in the original Crown grant thereof, building, zoning or other municipal or gova~unentalregulations, and Permind Encumbrances referred to in Section 6. COMPLETION PROCEDURE 5. (a) The Purchaser shall prepare, at its expense, the road clos~ueand consolidation plans necessary to raise title to the closed road and effect the transfer and donsolidation. (b) The Purchaser shall prepare, at its expense, the right-of-way plans roquired for the Pennittted Encunbrmces refmed to in Section 6. (c) The City shall prepare, at its expense, dl conveyalcing documents required to effect the transfer (the "Trmsfer Docuinents"), and shall deliver the Trmfa Docunmts to tile Purchaser's solicitor not later than 4 days prior to the Completion Date. (d) On the Completion Datc, the Purchaser's solicitor shall tender tb road closure and consolidation plans and Transfer Documents for registration in the Victoria Lands Title Office. PERMITTED ENCUMBRANCES (a) A 3 meter wide right-of-way in favour of the City of Nannimo for the existing watennain; and @) A right-of-way in favour of BC. Hydro and Telus for he existing works owned by B.C. Hydro and Telus. 6. The City's Lands shall be and remain at the City's risk uutil and including the Completion Date and shall thereher be at the Purchaser's risk. FULL COMPENSATION 7. The payment provided for in the Offer to Purchase constitutes full and find payment for any and all claims by the Pmchaser arising out of the consolidation of the Puxchaser's hdswith the City's Lands m shown on the plan attached as Schcdule B to this Agreement, and without limitation, the Purchaser waives any claim, for compensation under any statute. P'URCHASE PRICE 9. The City agrees to sell the City's Lands to the Purchaser for the purchase price of TWO HUNDRED THIRTY-SEVEN THOUSAND DOLLARS ($237,000.00) payable as follows: Deposit upon signing Balollce due on Completion TOTAL: $237,000.00 PROPERTY PURCHASE TAX AND GOODS AND SERVICES TAX 10. The Purchaser will pay the Property Purchase Tax and Goods and Services Tax if applicable in respect of the conveyance contemplated in this Agreanmt. COMPLETION 11. Tho Completion Datc shall be on or before thirty (30) days following the final approval of the sale of the City's Lands by Council of the City of Nmaimo as referred to in Section 3(b). REPRESENTATIONS AND WARRANTIES 12. There arc; no representations, warranties, guarantees, promises or agreements except as set out herein all of which survive this sale and continue in full force and effect for the benefit of the parties after the Completion Date. BASIS OF SALE 13. The Purchaser acknowledges, covenants and agreos that: a) the Purchaser is purchasing the City's Lands on an "as is" basis; b) the Purchaser waives the right to be provided with a site pi-ofile as may otherwise be required under Seotion 26.1(7) of the Waste Management Act; c) the City, its councillors, officers, employees, consultants and agents (collectively the "Agents") have made no representation, warranties, inducements, guarantees, promism, conditions or agreements (collectively the "Representations7')md are n~aldngno Representations (other than ihose expressly contained in this Agreement) in respect to or in connection with the City's Lands including, without limiting the foregoing, its state, condition (including surface and groundwater), environmental condition or impact, contarninants, usefulness, divisibility, suitability, legal access or zoning, or any other aspect, matter or thing whatsoever related to or in connection with the City's' Lands; , d) the Purchaser hereby releases and forever discharges the City and its Agents of and from any and dl inanner of actions, causes of action, suits, contracts, claims, demands, damages, costs, expenses and losses of any nature or kind whatsoever which the Putchaser ever had or now has or may in the future have or which the Purchaser's successors and permitted assigns or any of then1 hereafter cm, shall or may have for, or by reason of, or in connection with the City's Lands or any aspect, matter or thing whatsoever relating to, or in connection with the City's Lands including but not limited to the items refmed to in sub-paragraph 13(c) herein; , e) the Purchaser agrees to indemnify and save harmless the City and its Agents fiom and against any and dl claims arising from, in respect oc relating to or in connection with the City's Lands or any other aspect, matter or thing whatsoever relating to the City's Lands; 0 the Purchaser, fioin and afier the Closing Date, shall: i) assume a11 environmental liabilities to the City's Lands including, but not limited to, any liability for any contamination, toxic, hazardous, dangerous or potentially dangerous substances 01. conditions on or under the City's Lands or migrating to or from the City's Lands (including swface and groundwater); ii) indemnify and save harmless the City and it Agents froin and against my claims, demands, liabilities, losses, damages, costs or expenses suffered by them arising out of or in connection with any and all environmental liabilities relating to the City's Lands including, without limitation any conbnhsltion, toxic, hazardous or potentidly dangerous substances migrating to or from the City's Lands; g) the Purchilser acknowledges and understands &it the City's Lands will be zoned 1-2 (]Light Industrid) pursuant to City of Nanaimo Zoning Bylaw 4000 (September 2004), and the Purchaser acknowledges that he has read and understands the relevant sections of the said zoning bylaw, a copy of which sections Elre attached hereto as Schodule C. h) the City is under no obligation, express or implied, to provide financial assistance or to contribute, in any way, to the cost of servicing or developing the City's Lands or to assist the Purchaser in obtaining 'my permits or approvals in connection with b City's Lands; i) nothing in this Agreement constitutes the Purchaser as the agent, joint venturer or partner of the City; j) the Purchaser is aware that this Agreement and my informatioil regarding this Agreement or the Purchaser may be disclosed or may be required to , be disclosed pursuant to the Freedom oflnformntion and Protection of Privacv Act, R.S.B.C. 1996. CONSOLIDATION PLANS 14. The Purchaser shall register, or cause to be registered, at the Victoria Land Title Office, concurrently with the Transfer Documents, a plan of consolidation indicating the consolidation of the Purchaser's Lands with the City's hds. 15. Time shall be ofthe essence of this Agreement. Unless the cash payment is paid and the other terms of this Agreement complied with by the Purchaser wi&h the times mentioned, the City may, at its option, cancel this Agreement and in such event the deposit paid by the Purchaser may, at the option of the City, be forfeited to the City crs liquidated damages, without prejudice to the City's other randies. ACCEPTANCE 16. This Offer is open for acceptance by the City until 4:30 P.M. on the 28" day of March, 2007. Upon acceptance by the City, this Offer to Purchase shall form a binding contract of purchase and sale of the City's Lands upon the tenm and conditions herein set forth, it being specifically contemplated by the parties hereto that this transaction will be consummated and docmnei~tedin the manner herein set forth. This said contract of purchase and sale shall enure to the benefit of ald be bincling upon the parties hereto and their respective heirs, executors, administrators, successors and assigns 17. \;Vherevcr the singular or masculine are used throughout this document, the same shall be construed as the plural or the feminine or neuter gender wherever the parties or the context so require. NOTICE 18. Any notices hercunder or documents or deliveries required hereby may be served or made on the City adthe Purchaser by delivery by hand or by sending by registered mail fiom within the Province of B.C. to the following addresses: To the Purchaser: Malaview Development Ltd., Inc. No. 300896 C/O2030 Malaview Avenue West Sidney, BC V8L 5x6 @Y hand) Attention: Eric Slegg *. P.O.Box 2235 Sidney, BC V8L 3S8 (by mail) Thanas Irwin Law Office 2 16 - 9764 Fifth Street Sidney, BC V8L 2X2 Attention: Thomas Irwin To the City: City of Nanaimo 455 Wallace Street Nanaimo, BC V9R 5J6 Attention: Manager, Property Services, Lands Division or at such other address as the City or Purchaser may &om thetoclime notify the other in writing. Any delivery or service which is made shall be deemed to have been received when actually delivered. EXECUTE3 BY THE PURCHASER at s/b n/~.y ,British Columbia, this /4 - day of $&#. ,2007. SIGNED AND DELIVERED in the h4ALAVIEW DEVELOPMENT LTD. presence of: INC. NO. 300896 authorized signatory: de.~L Witness: /O?s&wd-& a,??&md, Address: Bc! VLA IS-^./ Print Name: c Occupation: Print Name: EXECUTED BY THE CITY at Nanaimo, British Columbia, this day of ,2007. CITY OF NANAIMO by its authorized signatories: Mayor Director of Legislative Services --.11111~ AV LVVl -IlVll IL'7J I11 4)1F55 Ul eUI b VI I IL'e 4)lUII 1 Tlil IlV, LJVUJVJIUJ 1 * uu . . -.-.. -w an wnrbo vrrut u vl I 1~5UIWI~ -- .- - -- I 1111 11VI LUVVUVW I uu MRR-16-2087 14: 35 SGHtUULt C; 11.2. LIGHT INDUSTRIAL ZONE - CI-21 This ronc providor for clan indu8trial use8 with a high gtandard of design and maintenance. Abovc ground s--rage of flammable and combustible material not orcccding 119,000 USGW contained within 3 storage tank on land IogalIy described as Lot 4, Section 19, Range 8, Mountain District, PIan 11555 Auction&(4000.178; 1998-Feb-02) Automotive Repair Shop Boat and Marine Equipment Sales, Service and Rentals on land legally dmcnbed as Lot 1, Scction 1, Nanaimo District, Plan42067,except &at part in Plan 48000 (690 Comox Road) (4000372;2001-Mar-CtS) CareWbDwelling Unit Conunorcid Schools Custom Worksbops Financial Institution (4000.086; 1994-Nov-28) Food and Bcvaap Processing (4000362; 2004-Nov-01) Fueling Installations Marennd Appliance Sales Helicopter landing Pads, on land legally described as Lot 9, Scction 16, hgc7, Mountain District, Plan W6 1143 (1985 BomdRoad) (4000.270; 2000-Dec-04) Indoor Mini S toraga Injury Managtment Cenm (4000.176; 1997-Mar-03) Light Industry Lumber and Building Supply Yards Pet Day Care (4000,271;2000-Aug-28) Priming md Pubhhing Facilities (4000.178; 1998-Beb-02) Prefabrlcated Homo Sale8 (4000.178; 1998-Feb-02) Production Bakery (4000303; 2002-Jul-29) hduction Studio Rcoreatianal Facilities Raoydig Dcpots Repair Shaps Resraurants Retail of Auto Accessories and Pam Swvice Mushy Storage Yards Tools and ~qui~rnent en& and Service Tow Truck ]>ispatch and Storage Yard (4000.086; 1994-Nov-28) Truck, Trailer and Heavy Equipment Sales, Services and Rentals vctuiky Clinios The following indcpcndcnt offiae uses: (a) Architect (b) Genere1 oonlractor provided thst any . contractor's storagc yard is enclosed by a building or compIt~talyscrecnod (c) Computer sorviccs and data processing (d) Courier, oommunicdon or dispatch (e) Engineer, rtoicntist, surveyor or geologist City of Nanaimo Zoning Bylaw4000 (June, 2006) 11167 ( Graphic or industrial designex (1 swcror (h) Shipping agont or freight forwardw (i) Wholcsalc broker or rnanuEactur's agent (i) An offioo use similar to rhe abovq provided the use has 8 direct ralationship to the immdintc industrial area and wiU not generally amact the public to its premises CONDUIONS OF USE 11.2.2.1, An aoocssory buildkg must bt locatcd to the rear of Ihe prin~jpalbuilding. (4000.178; 1998-Fcb-02) 11.26.2. hi1sale and display of goods msnufactured or stored on thc property shall be permitted provided thc total gross floor ma devoted to such accessory retail sale aud display does not exoeed 25% of tlie gross floor arca af the pril~cipnluse to whioh it is accessory, or 200 square metres (2,153 square fed) whichever is lesser, and providcd the BCC~SO~~redail sale and display aroa acceseible to Lhr: gcncral public Is separated by a wall fiom the principal use. (4000.178; 1998-PCB-02) 1.1.2.2.3. Materials oollecwd at a rccyoling depor ehall be stored withiin a building or othmise cnolosed if stored outsido ofa building. (4000.175; 1997-Mar-03) (4000346; 2004-h-07) 11.2.2.4. Accessory offces looatod withfn an iajury managemeot centre shall no1 cxceed 25 percant of the kljury management centre'e gross floor arm, (4000.176; 1997-MPI-43) 11.2,2.S. A use in this zone shall not ordinarily discharge or emit odorous, toxic or uoxious mattab or vapors, hear, glare. noise, vlbmtion, smoke, duy effluent or other emission hazards, electrioal inerence, or raditrtion across any lot line. (4000,176; 1997--3) 11.2,2.6. The eale of Mofor Vchide.~is pennitred in associatio~rwid1 a Tow 2hck Dopatch alid Slurage Yard prodded the Motor Vehicles kvcbeen lawfully impounded or recovered by heoperator, and providcd that no more than 3 Mofor Vehicles arc fix ~sleat any one L~c.(4000371; 2000-Au~-28) 11.22.8. All proctssiag of materials musl occur within a building. (4000303;2002-Jul-29) 112.3.1. The minimum lot area sball not be less than 1500 square metres (I 6,146.39 equarc foat) serviced by a codtywtcr syetem, a community sanitary eewar system, and a stom draimgc system. (4000.066; 1994=Oct-17) 11.2.32. Notwithetanding Subaectioiou 11,2.3,1., where land is being subdivided and i&serviced by a ooinmunity wator system, a community sanitary stwcr system, and a storm drainage system, the minimum lot area may bc reduced U, not 1s tlwn 900 squm metres (9,687.84 squnrt fi;ct) for not ~KUC than 60% of hc lo18 being created. (4000.066; City ofNanairno 7x)niag Bylaw 4000 (June, 2006) -- (- i1-Zsl8 --.-.- _- .._.. ...-00 "a W". "a. .rr " "V -.. -.. --- __ . . . .. ".",. 1 I,', 'I". L.VYVVVY, NFIR-16-2887 14:36 11.2.3.3. Notwithsmding Subsootions 11,2.3.1. and 11.2.32., whcrc a lot contains or abuts a walcrcoursc idontificd in Schedule (3 the required Iqaw strip shall not be included in the calculation of minimum lot area. (4000.126; 1995Dec-18)(4000.303; 2002-Jul-29) 11.2.4. LOT COVERAGE The maximum lot covetage shall nor uccccd 50% of the lor area. 1 1.2.5. YARD RIEOUJREMENTS 11.2.5.1. A on^ yard sball baproyided of not las rhan 7.5 metres (24.60 feet) in depth, provided hat wbcm tho area between a buildia froat line and a front lot line is Isn&$capedand not used for off-etwt parking, the minimum selback may be reduced to 4.5 metres (14.76 fcot), 11.2.5.2. Side Yardg; (a) A side,yardshall be provided of not less than 6 metre$ (1 9.69 feet) in wid6 hr 1 side yard and 0 10)8keS for the ohcr, (b) In tho casc of a comer lot, the side adjoiniig tho fhhgfi-t shall be subject to rhe regulations oESubsection I 1.2.5,l. (c) Where a lot abuts a Lor in a Rural or a Residential Zone, a side yard shall be provided of not less than 7.5 metres (24.60 feet) In width. 11.2.5.3. No mar yard is required except where a lot abuts a lot in a Rural or Residential Zone, a rear yard shall bo pmvidcd of not Ias than 7.5 metres (24.60 het) io depth. 112.5,4, Nowithstanding Subseotiaos 11.2.5.1. to 11.2.5.3., the general qulations of Part S. pertaining to the locarion and siting of buildings and etructuros to watercourses and major roads will also apply. Tho huight oPa building or stwtum shall not exaeed 9 metres (29.53 feet). 1 1.2.7.1. The height of a Stnce dull not occwd 2.4 metree (7.87 fect) in a front, side or rear yard 112.7.2. Notwithsrandiq Subsection 11.2.7.1.. fences are subject lo the general provision.. set out in Part 5, "VLibilityat Inlerseethns'', "Fenw Neighu", end ''HeightExemptions". 1 1.2.8. Om-STREET PARKING Deleted (4000,296; 2002-Apr-22) City of Nanho Zoning 4000 (June, 2006) 11 1 1.2.9. ~~TNGAND 1;ANDSCAl'TNG 11.2.9.1, AU mechanical, electrical or ohservice equipment located outside or on he roof of a building shall bc screened born adjacent properties and strcet~by omametltnl structures, landscaping, ar other means. 11.2.9.2. A1 outdoor storage nnd rhcrcceptncb arm shall be screened in nccordonoc with IPlut 14 of this Bylaw. 11.2.9.3. Whcrc a '1-2 Zone abuts a highway screcning and landscaping shall be provided ia accordance wlth Parf 14 of this Bylaw. (4000.122; 199SOct-30) 1l.2.9A. Whcrc a E2 Zone abuts, or is across o Mghwy from an RS, A, C, RM,MA or P ?an% screaning shall be provided in accordance with Part el4 of this Bylaw. City of Nanaho Zoning Bylaw 4000 (June, 2006) 11 -7 120 TOTAL P. 07 ClTY OF NANAIMO BYLAW NO. 7048 A BYLAW TO AUTHORIZE THE ClTY OF NANAIMO TO EXPROPRIATE LANDS FOR A LIMITED ESTATE IN THE NATURE OF A PERPETUAL RIGHT OF WAY WHEREAS pursuant to section 31 of the Community Charfer a municipality may expropriate any real property or works or an interest in them for the purpose of exercising or performing its powers, duties and functions; AND WHEREAS the City of Nanaimo has deemed it necessary in the interests of the public to construct, install, operate, maintain and repair a right of way for a system of sewer pipes and appurtenances including all activities necessary to that purpose, and for that purpose it has become necessary and convenient to acquire certain lands; AND WHEREAS the City of Nanaimo has been unsuccessful in obtaining title to the lands by negotiation; THEREFORE BE IT RESOLVED that the Council of the City of Nanaimo, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited for all purposes as the "CITY OF NANAIMO EXPROPRIATION (PORTION OF 2500 CRYSTAL BROOK WAY) BYLAW 2007 NO. 7048". 2. For the purposes of this Bylaw, the "Lands" are that Part of Parcel I, (DD 20408-N) of Parcel C (DD 34646-I), Section 5, Wellington District, Except Plans 45509 and VIP58983, designated as Statutory Right of Way and having an area of 125.7 square metres as shown on a plan prepared by Leigh Millan, B.C.L.S. and attached hereto as Schedule "A. 3. The City of Nanaimo, by its servants, agents, contractors and employees is hereby authorized to expropriate a limited estate in the Lands in the nature of a perpetual right of way in the form attached hereto as Schedule "B", for a linear development: (a) for the purpose of constructing, installing, operating, maintaining and repairing a right of way for a system of sewer pipes and appurtenances including all activities necessary to that purpose; and (b) without the consent of the owner of the Lands affected to enter on, break up, take or enter into possession of and use the Lands. Bylaw 7048 Page 2 4. The Mayor'and Director of Legislative Services are hereby empowered to do all things necessary to give effect to this Bylaw. PASSED FIRST READING PASSED SECOND READING PASSED THIRD READING ADOPTED MAYOR DIRECTOR, LEGISLATIVE SERVICES File: LD001207 Address: 2500 Crystal Brook Way PLAN OF STATUTORY RIGHT OF WAY OVER PART OF PARCEL I, PLAN NO. VIP (DO 20408-N) OF PARCEL C, (0034646-11, SECTION 5,. oEPosITEo IN THE LAW TITLE OFFICE AT VICTORIA, B.C. THISDAY OF , lo-. ~ElJ-IMTON STRICT, EXCEPT PLANS 45509 AND VIP58983 muTy wGIsTRAe t''URSUANT TO SECTION 11 13 OF THE LAND TITLE ACT 0. C. G. S. 92F. 020 SCALE 1: 1250 LEGEND: 20 10 0 20 40 so OEHOTES STNARO IROn POST HUH) 1 DENOTES STANDARD IR(M POST PUCE0 AII 0irt.nc.r are in m.trclr ODC)TES CONTROL WMBENl HUH) @ DENOTES STANDARD CAPPED POST FUMJ GRIO 6EARINGS ME DERIVm FI~OM CONTROL IK*WKHTs 'lW271 YO OWi5622 WIS PLM M~YSGF.UM-LEVEL DI~*HCES. StIffl TO CCiiUKATIW ff U T. K CO-Q(DIWTES, WLTIPLY BY CWINEO FACTOR 0.5l996500 THIS PLAN LIES WITHIN IMTECAATPO MY=A m. 20, W 9..79"9278 CITY OF WIW. IW (13 ICSRSI c. +, ..-.> ... CITY OF NANAIMO GENERAL UWC€R, DEVELagENT SERVICES WITNESS AS TO BDTH SIGNATWES WITNSS OCOIPATIOn ? PLAN VIP58983 ------I DETAIL 1:2s0 I I PLAN 9567 I REMINDER OF PMKEL 1 OF PARCEL C (00 34646-1) OF PARCEL C (00 34646-1) PLAN VIP60301 _..a .I 776355 d! I. LEIGH A. MILLAN. A BRITIS4 COLWlA LWO LEIGH A. HILLAN WRVEYO~. OF NAHIIMJ.IN BRITIU1 COLUHBIA. BRITISH COLOnaIA CERTIFY MAT IWAS PRESENT AT AND PERSONALLY UND SURVEYOR SWERINTOIOED TtKZ WRVEY REPRESENTED BY THIS CANMA LANOS SURVEYOR PLAN, AM THAT THE NRVEY AND PLAN ARE CORRECT. SCHEDULE "A" THE FIELD SORVEY WAS COWLETED OH THErnDAY SUITE WEER 7 OF DECEMBER , 2007 THE PLAN WAS COWLETEO AND 20 FRONT STREET NANAIM, 8. C. V9R-5H8 (250) -753-9181 123 FlLE NO. 2763 SEE 2763YKl.O F. B. NO. COW. FILE 2763SRUl. 0 THIS PUN LIES WITHIN ME REGIONAL DISTRICT OF NANAIW SCHEDULE "B" LAND TITLE ACT Form C (Section 233) Province of British Columbia GENERAL INSTRUMENT - PART 1 (This area for Land Title Office Use) Page- 1 of .pages - 1. A plication: (Name, address, phone number and signature of applicant, applicant's solicitor or agent) ~PaplesMcDannold Stewart Barristers & Solicitors 2nd Floor, 837 Burdett Avenue Victoria, BC V8W 163 380-7744 File #I94 977lMHlWG Authorized Signatory 10303 2. Parcel Identifier(s) and Legal Description(s) of Land: (PID) (Legal Description) 005-705-762 Parcel 1 (DD 20408-N) of Parcel C (DD 34646-I), Section 5, Wellington District, except Plans 45509 and VIP58983 3. Nature of Interest Document Reference (page & paragraph) Person Entitled to Interest Description Statutory Right of Way over that part shown in Plan VIP Entire Document Grantee 4. Terms: Part 2 of this instrument consists of (select one only) (a) Filed Standard Charge Terms D.F. No. (b) Express Charge Terms Annexed as Part 2 (c) Release There is no Part 2 of this instrument A selection of(a)includes any additional or modified terms referred to in ltem 7 or in a schedule annexed to this instrument.lf(c)is selected, the charge described in ltem 3 is released or discharged on the Land described in ltem 2. 6. Transferee(s)(Grantee(s)): (including postal address(es) and postal code@))' CITY OF NANAIM0 455 Wallace Street, Nanaimo, B.C. V9R 5J6 7. Additional or Modified Terms: NIA 8. Execution(s): This instrument creates, assigns, modifies, enlarges, discharges or governs the priority of the interest(s) described in ltem 3 and the Transferor@) and every other signatory agree to be bound by this instrument, and acknowledge(s) receipt of a true copy of the filed standard charge terms, if any. I Date: Party(ies) Signature: Officer Certification Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1996 c. 124, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument. If space insufficient, enter "SEE SCHEDULE" and attach schedule in Form E. ** If space insufficient, continue executions on additional page(s)inTclfm D. LAND TITLE ACT Form D EXECUTIONS CONTINUED Page 2 Officer Signature: Execution Date: Party(ies) Signature: YMD CITY OF NANAIMO by its authorized signatories 2007 General Manager Development Services Director of Legislative Services (as to both signatures) Officer Certification Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1996 c. 124, to take affidavits for use in British Columbia and certifies the matters set out in Part 5 of the Land Title Act as they pertain to the execution of this instrument. 125 Page 3 TERMS OF INSTRUMENT - PART 2 WHEREAS: A. The Grantor is the registered owner of: PID 005-705-762 Parcel I (DD 20408-N) of Parcel C (DD 34646-I), Section 5, Wellington District, Except Plans 45509 and VIP58983 (the "Grantor's Lands"); B.. A Right of Way has been registered in favour of the City of Nanaimo as Grantee under No. N86385 (the "Works Right of Way") and the Grantee requires the use of an additional area of the Grantor's Lands in connection with work to be performed within the Right of Way; C. This Right of Way is necessary for access to, operation and maintenance of a sewer system including pipes, valves, fittings and facilities (the "Works") within the Works Right of Way. NOW THEREFORE THIS INDENTURE WITNESSES that in consideration of the sum of One ($1.00) Dollar of lawful money of Canada, now paid by the Grantee to the Grantor (the receipt and sufficiency of which is hereby acknowledged by the Grantor), and in consideration of the covenants and conditions hereinafter contained to be observed and performed by the Grantee and for other valuable consideration: THE GRANTOR DOES HEREBY: 1.I Grant, convey, confirm and transfer unto the Grantee, for itself, and its servants, agents, works, contractors, and all other licensees of the Grantee together with machinery, vehicles, equipment, material or supplies, the full, free and uninterrupted right, licence, liberty, privilege, permission and right of way to enter upon, pass and repass, clear, labour, and use for the purpose of ingress and egress to and from the Works Right of Way and for the purpose of storing machinery, vehicles, equipment, material or supplies used or to be used in connection with the construction, repair or maintenance of the Works and for the purpose of placing or storing the surface or subsurface material to be excavated from the Works Right of Way upon and over that part or parts of the Grantor's Lands shown on the reference plan of right of way prepared by Leigh Millan BCLS, a reduced print of which is attached hereto as Schedule "A to this Agreement (the "Working Right of Way"). 1.2 Provided always, and it is hereby agreed, that nothing herein contained shall permit the Grantee to dig, trench or otherwise disturb the subsurface of the 194 224/3MO/OTTEMPORARY CONSTRUCTION SRWIMHMIG 126 Page 4 Working Right of Way and the Grantee shall only clear such trees and growth and interfere with and disturb the surface of the Working Right of Way in a manner that is reasonably necessary in the conduct of its operations thereon. Covenant and agree to and with the Grantee that for the purposes aforesaid and upon, under and across the Working Right of Way, the Grantee shall for itself and its servants, agents, workmen, contractors and all other licensees of the Grantee together with machinery, vehicles, equipment, and materials be entitled at all times to enter, use, pass and repass, labour, construct, erect, install, dig, carry away soil or other surface or subsurface materials, clear of all trees, growth, buildings or obstruction now or hereafter in existence, as well as may be necessary, useful, or convenient in connection with the operations of the Grantee in relation to the Works. 1.4 Grant unto the Grantee the licence, permission and right of way to lay down, install, construct, operate, maintain, inspect, alter, remove, replace, cleanse, string, and otherwise establish one or more temporary..systems of works upon the Grantor's Lands, in the event of a breakdown or malfunction of the Works or arising from repair, maintenance or replacement of the Works. 2.0 THE GRANTOR HEREBY COVENANTS TO AND AGREES WlTH THE GRANTEE, as follows: 2.1 The Grantor will not, nor permit any other person to do anything that in any way interferes with or prevents access to or is likely to interfere with the Grantee's use of the Working Right of Way. 2.2 That if the Grantor wishes to erect, place or install or maintain any building, structure or addition to a building or structure or mobile home within the Working Right of Way that it shall not do so without the consent of the Grantee, which consent will not be unreasonably withheld, it being the intent of this Agreement that the Grantee's use of the Working Right of Way shall be on terms that minimize the impact of the use of the Working Right of Way on the Grantor to the extent that this is reasonable given the activities of the Grantee. 3.0 THE GRANTEE HEREBY COVENANTS TO AND AGREES WlTH THE GRANTOR, as follows: 3.1 That the Grantee will not bury any debris or rubbish of any kind in excavations or backfill, and will remove shoring and like temporary structures as backfilling proceeds. 3.2 That the Grantee will thoroughly clean all lands to which it has had access hereunder of all rubbish and construction debris created or placed thereon by the Grantee and will leave such lands in a neat and clean condition. 194 224/3/19/07TEMPORARYCONSTRUCTION SRWIMHNVG Page 5 That the Grantee will, as soon as weather and soil conditions permit, and so often as it may exercise its right of entry hereunder to the Working Right of Way, replace the surface soil as nearly as may be reasonably possible to the same condition as it was prior to such entry, in order to restore the natural drainage to such lands. That the Grantee will, as far as reasonably possible, carry out all work in a proper and workmanlike manner so as to do as little injury to the Working Right of Way as possible. The Grantee will compensate the Grantor for damages caused by the Grantee to any crops, livestock, equipment or timber destroyed, damaged or removed by the Grantee in the exercise of its rights hereunder. That the Grantee will make reasonable efforts to give notice to the Grantor of its intent to enter the Working Right of Way at least three (3) business days prior to entry (except in the case of emergency). THE PARTIES HERETO EACH COVENANT TO AND AGREE WITH THE OTHER, as follows: That no part of the title in fee simple to the soil shall pass to or be vested in the Grantee under or by virtue of these presents and the Grantor may fully use and enjoy all of the Grantor's Lands subject only to the rights and restrictions herein contained. That the covenants herein contained shall be covenants running with the Land and that none of the covenants herein contained shall be personal or binding upon the Grantor, save and except during the Grantor's seisin or ownership of any interest in the Grantor's Lands, and with respect only to that portion of the Grantor's Lands of which the Grantor shall be seised or in which he shall have an interest, but that the Grantor's Lands, nevertheless, shall be and remain at all times charged therewith; That, if at the date hereof the Grantor is not the sole registered owner of the Grantor's Lands, this Agreement shall nevertheless bind the Grantor to the full extent of his interest therein, and if he shall acquire a greater of the entire interest in fee simple, this Agreement shall likewise extend to such after- acquired interests. Where the expression "Grantor" includes more than one person, all covenants herein on the part of the Grantor shall be construed as being several as well as joint. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors and 194 2241311 9107TEMPORARY CONSTRUCTION SRWIMHNVG Page 6 assigns as the case may be and wherever the singular or masculine is used, it shall be construed as if the plural or the feminine or neuter, as the case may be, had been used, where the parties or the context hereto so require and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made. IN WITNESS WHEREOF the parties hereto hereby acknowledge that this Agreement has been duly executed and delivered by the parties executing Form C and D (pages 1 and 2) attached hereto. 194 22413119IOi'TEMPORARY CONSTRUCTION SRWIMHNVG 129 2007-MAR-26 STATUS OF BYLAWS PAGE I 4000.328 "ZONING BYLAW AMENDMENT BYLAW 2003 NO. 4000.328" (ZAI-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. 4000.385 "ZONING BYLAW AMENDMENT BYLAW 2006 NO. 4000.385" (RA000153 - to rezone property from 1-2 to IS-la in order to develop an automobile sales and service dealership at 2474 Kenworth 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. Requires registration of a restrictive covenant prior to final adoption. 4000.387 "ZONING BYLAW AMENDMENT BYLAW 2006 NO. 4000.387" (RA000130 - 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. Requires final adoption. 4000.399 "ZONING BYLAW AMENDEMENT BYLAW 2006 NO. 4000.399" (to add additional requirements for the siting of heat pumps and central air conditioning units) Passed first and second readings 2006-AUG-14. Public hearing held 2006-SEP-07. Requires third reading and approval from Ministry of Transportation prior to final adoption. 4000.401 "ZONING BYLAW AMENDMENT BYLAW 2006 NO. 4000.401" (RA000174 - to add "fast food restaurant" as a site specific use in the Mixed Use Commercial Zone (C-4) forproperty located at 6334 Metral Drive and to amend an existing covenant in order to allow illuminated signage facing the Island Highway) Passed first and second readings 2006-SEP-I I. Public Hearing held 2006-OCT-05. Passed third reading 2006-OCT-16. Approved by Ministry of Transportation 2006-OCT-20. Requires covenant registration 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-OCT-16. Public Hearing held 2006-NOV-02. Passed third reading 2006-NOV-20. Requires covenant registration prior to final adoption. 4000.406 "ZONING BYLAW AMENDMENT BYLAW 2006 NO. 4000.406" (RA179 - to add "Teletheatre Outlet" as a site specific use in the Tourist and Public House Commercial Zone (C-6) for property located at 221 1 Jingle Pot Road) Passed first and second readings 2006-NOV-20. Public Hearing held 2007-FEBO-01. Requires third reading and approval from Ministry of Tfi~portationprior to final adoption. DEFEATED AT THIRD READING 2007-FEB-12. 2007-MAR-26 STATUS OF BYLAWS PAGE 2 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. Covenant registration required prior to final adoption. 4000.409 "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.409" (RA177 - to rezone from Rural Agricultural/Residential Zone (A-2) to Light Industrial Zone (1-2) at 491 0 Goodwin Place) Passed first and second readings 2007-FEB-12. Public Hearing held 2007-MAR-01. Passed third reading 2007-MAR-12. Approved by Ministry of Transportation 2007-MAR-15. Requires final adoption. 4000.410 "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.410" (RA184 - to rezone parts of the subject properties from Single Family Residential Zone (RS-1) to Single Family Residential Small Lot Zone (RS-6) in order to allow for development of 24 single family smalls lots at 1400 Jingle Pot Road and 75 Wakesiah Avenue. Passed first and second readings 2007-FEB-26. Requires Public Hearing, third reading and Easement registration prior to final adoption. 4000.41 1 "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.41 1" (RA185 - to rezone part of subject property from Single Family Residential Zone (RS-1) to Residential Duplex Zone (RM-I), in order to construct a duplex on a proposed new subdivided lot at 6031 Hammond Bay Road) Passed first and second readings 2007-FEB-26. Requires Public Hearing and third reading prior to final adoption. 4000.41 2 "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.412" (to authorize general map and text housekeeping amendments) Passed first and second readings 2007-MAR-12. Requires Public Hearing, third reading and approval from Ministry of Transportation prior to final adoption. 6000.054 "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2004 NO. 6000.054" (OCP00011 - to redesignate the property at 6975 Island Highway North from District of Lantzville 'Gateway~ands'to City of Nanaimo 'Woodgrove Regional Shopping Town Centre') Passed first and second readings 2004-MAR-22. Public Hearing held 2004-APR-15. Passed third reading 2004-MAY-03. Requires final adoption. 2007-MAR-26 STATUS OF BYLAWS PAGE 3 7041 "FEES AND CHARGES BYLAW 2007 NO. 7041" (to establish fees and charges for various City of Nanaimo Departments). Passed first, second and third readings 2007-MAR-12. Requires final adoption. 7042 "LAND USE CONTRACT DISCHARGE BYLAW 2007 NO. 7042" (RA177 to discharge Land Use Contract 1845 to allow for subsequent rezoning and lot consolidation with adjacent properties at 4910 Goodwin Place). Passed first and second readings 2007-FEB-12. Public Hearing held 2007-MAR-01. Passed third reading 2007-MAR-12. Approved by Ministry of Transportation 2007-MAR-15. Requires final adoption. 7050 "FIRE STATION NO. 4 LOAN AUTHORIZATION BYLAW 2007 NO. 7050" (to authorize the borrowing of up to $3.75 Million to construct Fire Station No. 4 at Section 222, Range 18, Section 19, Range 4, Cranberry District, Plan 1332, Except 38710 - 1425 Cranberry Avenue) Passed first, second and third readings 2007-JAN-08. Received approval from Inspector of Municipalities 2007-JAN-19. Notice of Intention to Proceed with Bylaw published in local newspapers 2007-JAN-31 and 2007-FEB-07. Approval of electors obtained 2007-MAR-12. Received final adoption 2007-MAR-12. Requires 30 day quashing period prior to becoming effective. Minister Ministre of Human Resources and des Ressources humai : L, c-; q4i,;r Social Development Developpement soc$al 3 MAR 1 :237 -. Ottawa, Canada KIA OJ9 MAR 1 L LUU/ His Worship Gary Korpan and co-signatories City Hall 455 Wallace Street, Nanaimo, British Columbia V9R 5J6 Dear Mayor Korpan and co-signatories: I am pleased to respond to your letter of December 8,2006, addressed to my predecessor, the Honourable Diane Finley, concerning the National Homelessness Initiative's (NHI) Supporting Communities Partnership Initiative. Please accept my apologies for the delay in replying. Canada's new government is committed to preventing and reducing homelessness in communities across the country. That is why, on December 19,2006, we announced a new Homelessness Partnering Strategy (HPS) to find more effective and sustainable solutions to addressing homelessness. The HPS will take effect on April 1,2007. This Strategy will improve upon the NHI by putting in place partnerships and structures, including longer-term housing solutions, to help homeless individuals move towards greater autonomy and self-sufficiency. The federal government recognizes that housing stability is a precondition to good socio-economic outcomes and full participation in Canadian society. The HPS will therefore focus on transitional and supportive housing as important measures to move people out of homelessness. Funding of $269.6 million over two years will allow the HPS to provide more tools for community service providers. It will ensure that funds are used in an effective and efficient manner to provide concrete, meaningful and lasting results for some of Canada's most vulnerable citizens, including Aboriginal people, and individuals in major urban centres, rural communities and the North. Additional information on the HPS is available at the following link: htt~://news.~zc.ca/cfmx/view/en/index.~s~?~icleid=263819.Departmental officials are updating the Homelessness Web site to reflect the new program. Canad'! 133 We are committed to working with all levels of government including the City of Nanaimo, local communities, faith-based organizations, and the private, not-for-profit and voluntary sectors to implement short- and long-term solutions to homelessness. I hope this is helpful in addressing your concerns. Sincerely, ~ohteSolberg, P.C., &. The Honourable Diane Finley Minister of Human Resources and Social Development #707 - Confederation Building House of Commons Ottawa, Ontario KIA OA6 Dear Minister Finley: Re: National Homelessness Initiative Nanaimo, like many cities in Canada, is experiencing an upsurge in the numbers of homeless on our streets. As a Supporting Community Partnerships lnitiative (SCPI) community we have, since 1999, been receiving support from the National Homelessness lnitiative to tackle this distressing social phenomenon. We understand that this program is coming to an end in March of 2007, and we are writing to urge that you look at a continuation of this program or that the federal government find some way to remain involved. The partnership model through which the SCPl funds were dispensed is, to our minds, the gold standard as to how these things should be done. It has created in our community a cohesive and strategic response mechanism to an issue that is complex and which remains stubbornly resistant to resolution. All three levels of government and First Nations are working together in Nanaimo on this issue; as a municipality we have done everything we can to make a difference but lack the capacity to have the kind of impact we would like to. We firmly believe that a federal contribution to these efforts is essential to ending homelessness and again urge you consider a continuation of the National Homelessness Initiative. Regards, Gary Korpan, Mayor Viola Wyse, Chief Bill Mills, President & CEO City of Nanaimo Snuneymuxw First Nation Nanaimo Port Authority I:CORR061208DianeFinley pc: ' Council G.D. Berry D. Holmes A. Kenning T. Swabey A. Laidlaw British Columbia / Yukon Command The Royal Canadian Legion To ssme veterans arid the~rdepz?nder~ts, to promote R3~nernbrancc . . and to act In the service 0f.C rnY~y3~s1 I B-d Ah, I I February 26, 2007 MAR 1 lj 280% city of Nanaimo 1 Fax No. 250-755-4435 ! LEGISLATiicbE SFI?\ICES ' Attention: +4-- mfa"fit/ Re: War Service Recognition Book Vol 2 Annual Veterans Remembrance Project Dear Further to my recent conversation with your office, I am pleased to provide the information on this very .important Annual Remembrance Project l1ForMthe Veterans of BC and The Yukon. The 2nd. Annual Edition of "THE WAR SERVICE RECOGNITION BOOK'1 will be released in conjunction with Remembrance Day 2007. It will xdentify and Honour over 400 Veterans with pictures and biographies on each. 20,000 copies will be distributed by our branches, "Free of Chargen. copies will also be provided for school and public libraries as an educational aid for the younger generation. The book is very popular because everyone is curious to see which veterans are being honoured each year. We must raise $2.2 Million annually to fund the program and remedial services we provide for our Veterans and to support the Provincial projects listed on our President's information sheet. We hope Nanaimo will consider the cause of the Veterans for an Annual Sponorship and support this important project of our command. There may be Veterans, living or deceased, who are or have been council members. This project provides an excellent opportunity to honour them should you so desire. I hope we can count on your support this year for our Veterans who have given so much for our Freedom by purchasing space in the book for a Support Message and/or Advertisement. The two most popular sizes amongst Local Governments have been the 1/2 and 1/4 pg. with a picture of the Mayor and/or Council and desired text. Any level of support would be most appreciated. BC/Yukon Command Office P/-I kladab Q'- Tel. 1-800-964-9074 a C mime ,.....,..-... Deiegwlon CP GP'Open Meeting Proclamation C;B enc. 2 'Ille Royal Canaditrn Lcgicln plays an active role in communities ~hroughou[BC snd chc Yukon, With 156 Branches an~i 110 Ivdies Auxililuies in Brirlsh Columhiu and the Yukon there's not a citize~lwidtin our Command whose lifc isn'; fctuchcd by Thc KoyJ Canadian Legion. Thc tragedy for the Legion is thac oiten tlmcs the public isn't aware of thc exreril of our work. We have a hiswry of workiug Ilard :tnd no1 nally publicizing our contributions. IVif'ltu we arc and whur do we do:' The mare tl~an80.0 rricmher.; ill Tht Royiil C~nadiunLcgion RCRulton Command arc dcdicattd to ussisling Vercmnr and tllcir farnilics. We arc also rqt~nllydedicated to assisting tl~ascin need within our comrnuniticn, whcthcr it ig seniors 01. our you~h. Pundine 'me govcnimen\ docs nrti fund 'nlr Royal Canudian Legicn. We rely or1 our mcniber's ducu, dona~innsfrom tlrc public and iu-housc furldrnising xtivincs. How do we lrdp setrion. and ynrrth within vrrr cornmriniticcs! Sirrcc 1956 provided ufii,rdablc Irousing irllrilkring ill ~.hcthousands for seniors throughout BCIYubn with ;a conswniun cost of bvcr $168.000.000 and u current valuc many tirncs that amount, Prdvidc "assislad living" accommc&lion for those needing rhc cxm care. Presently this rype of accornmodstio~l numbers iri the hundreds of unils wirh at I~IL~Ifour new cvrnplexes undcr consauction. Supporc our ~lmrnunitieshy paying in excess of One million ddlars in yearly propeny taxcs Thc Lcglon combined wirh our Foundu~iondoriatcs: Over hail II mllllun dollan annually Githin BCiYuksn in suppnn of eleclric hedp and lifts. whcelchnirs arrd jpecialry ~wltresr;cs,specialit.cd mcdical quip~nenrtherapeutic gurdcns, buses and even fornishirlgs und rclevislon ses to our hospiuls and extended care Pxiliricr. Half a million dollan ~alscdby the 5000 Ladies Auxiliwy members; for charities and deserving hrnnch projects Over 5350,000 on Youlll Programs. sponsoring a vuricty of spon!: uams. - Over $275.000 in Bursaries and Scholarnhips itwarded Sponsor over 5,000 cubs. scorrts. guides and c~&tr; $16,500 annually to send young BC. athletes md coaches (0 a Legion-sponsored National Athlctic calnp arid I(\ tuud lwill evenrf %%O.MIO annltally to the Dcpanmtnl of Farnily Pructice at ORC. Over ?00 bmily doctorl: huvc graduated silrc.1 its inczpion in 1978. most of thee arc in praclicc in BC, including a luge nurnbcr in rural arcas Spo~rsorTransition prc1gr;m)s ar IJRC and cl~cUniversity of Victorir for our Vctcn~lsand (hcir families suflering wilt: Port Tmurnatic Srrcss Disorder Sponsur "Spinoza Re:u" prosrdrp rhrou$htru( BC for ehildrcn sufferirtg with ~criou~illrlcss or stf~sSrelated disardcv Over half a million dollars rrom poppy lunds ro ex-ervicc perso~rnrlmd rhcir depcr~JllnlsIn need The I.egitjrt err: work irr yorrr co~~rmrrnity! Again, wc thank you tbr your sponsorship and support of this vcry wortl~whilcprojec~. Sinccrelv. Geny Vowlcs Prcrridcnt ROYAI. CANADIAN 1,EGION BCJYUKON COMMAND Sr LEGIONwww.pacificIegjon, org British Columbia / Yukon Command The Royal Canadian Legion "War Service Recognition Book" Advertising Prices Ad Sire Cost Full Color Outside Back Cover f ~/Q#M' $1,693.34 - + $107.66-GST = $1,795.00-Total Inside FrontlBack Cover (Full Color) $1,504.72 + $90.28 = $1,595.00 Full Page (Full Color) 7'~9.7" $1,410.38 + $84.62 = $1.495.00 Full Page $938.68 + $56.32 = $995.00 YZ Page (Full Color) 7N% 67'' $801.89 + $48.11 = $850.00 % Page $561.32 + $33.68 = $595.00 ~4 Page .~95''x%ma; $400.94 + $24.06 = $425.00 1/10 Page (Business Card) 3.375.~h735" $235.85 + $14.15 = $250.00 G.S.T. Registration # R10 793 3913 All advertising space less than the If2 Page size in the publication is printed in black and white only. However, Cover SpacesfFull Pages are available in Full Color process. All typesetting and layout charges arc included in the above prices. A complimentary copy of this year's publication will be received by all advertisers purchasing space of 1/10 page and up, along with a Certificate of Appreciation from the Provincial Command. PLEASE MAKE CHEQOE PAYABLE TO: BClYukon Command The Royal Canadian Legion (BCNKCL) (Campaign Office) P 0 Box 5555 Vancouver. BC VGB -1235 I CITY OF NANAIMO LEGISLATIVE SERVICES DEPARTMENT REQUEST TO APPEAR AS A DELEGATION year month day d COUNCIL (at 7:00 p.m. in the RDN Board Chambers, 6300 Hammond Bay ~q@&~~ 0 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: /I4&f4/ r@4~&N I ,- Print I ADDRESS: street address City Province Postal Code I PHONE: 753, &/%' FAX: I home business NAME OF APPLICANT IF OTHER THAN ABOVE: DETAILS OF PRESENTATION: PLEASE NOTE Electronic presentations must be provided on a CD or by e-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 139 [email protected] This Certificate of Appreciation for tKe addition of 30 rn2 of land to the ?reserved area in buttertubs Marsh, Photo: Wayne O'Connell IAMUA~2007 Dated For the Buttertubs Marsh Liason Committee and the Campaign to Secure the Integrity of Buttertubs Marsh I I I I The Nature Trust I 01 ~r111shColumbta , A donation Has been made in the name of The City Of Nanaimo Who have made a contribution in your name to the Mount Benson Acquisition Campaign the Summit of Mount Benson Mk&CLf 2/, 200 7 Signed Date MOUNTBENSON A-AND THE AIM0 &AREA LAND TRUST LEGACYGROUP 12~~march 2007 Dear Tat %arron, 'Tbday is a very special moment in your fiye. Indeed our honory citizen is ceh6rating his gotfibirthday. On behay of all mem6ers on the council of your 6eloved munneref; we have the honor andphasure to send you our heartiest congratuhtions on this exceptional occasion. Our thoughts go to a fine person with best wishes for the future, take care of your health andmany more years together with your dear w$e sar6ara in your new home in Nanaimo. Wehope that you willenjoy your huge birthday party on 17" march 2007 in the presence of all your children, grandchzldren andfriendifm all over the world ., ;7 maggy NAGFL SCHLFCK ., .' Nor6ert SOYXA Steve