Scanned Open Council Agenda

AMENDED

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-NOV-19, COMMENCING AT 7100 P.M.

1. CALL THE REGULAR MEETING OF COUNCIL TO ORDER:

2. INTRODUCTION OF LATE ITEMS:

2630 Lynburn Crescent and 14 Watkins Street - Unsightly Premises - Property Maintenance Bylaw No. 3704 under Staff Reports were rectified prior to the meeting.

5287 Toms Turnabout - Illegal Suite - Unresolved Building Deficiencies - Remedial Action Requirements (Section 72/73) under Staff Reports was pulled from the Agenda.

Mr. Brett Hayward, Chair, Nanaimo Working Group on Homelessness, to provide information regarding the homeless census conducted in Nanaimo 2007-SEP-26. [See ltem (a) under Presentations.]

Mr. G. D. Berry, City Manager, to provide a Powerpoint presentation regarding the future of local government. [See ltem I1 under Staff Reports.]

Delegation request from Mr. Fred Pattje, 2830 Fandell Street, Nanaimo, BC, V9S 3R6, regarding Development Variance Permit No. DVP124 - 727 Millstone Avenue. [See ltem (c) under Staff Reports.]

Delegation request from Mr. Daryl Grunlund, 5150 Hammond Bay Road, Nanaimo, BC, V9T 5B5, regarding Rezoning Application No. RA195 - 5160 Hammond Bay Road. [See ltem (g) under Staff Reports.]

Delegation request from Mr. Fred Taylor, 204 Emery Way, Nanaimo, BC, V9R 528, regarding Proposed Park Zoning. [See ltem (a) under Parks, Recreation and Culture Commission.]

Delegation request from Mr. Fred Taylor, 204 Emery Way, Nanaimo, BC, V9R 528, regarding Development Variance Permit No. DVP124 - 727 Millstone Avenue. [See ltem (c) under Staff Reports.]

Notice of Motion from Councillor Brennan regarding manufactured homes. COUNCIL 2007-NOV-19 PAGE 2

3. ADOPTION OF THE AGENDA:

4. ADOPTION OF MINUTES:

(a) Minutes of the Regular Meeting of the Twenty-Third Council of the City of Pg. 10-18 Nanaimo held in the Regional District of Nanaimo Board Chambers, 6300 Hammond Bay Road, Nanaimo, BC, on Monday, 2007-OCT-29 at 7:00 p.m.

5. PRESENTATIONS:

(a) Mr. Brett Hayward, Chair, Nanaimo Working Group on Homelessness, to provide information regarding the homeless census conducted in Nanaimo 2007-SEP-26.

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

(a) Delegation request from Mr. Fred Pattje, 2830 Fandell Street, Nanaimo, Pg. 18. I BC, V9S 3R6, regarding Development Variance Permit No. DVP124 - 727 Millstone Avenue. [See ltem (c) under Staff Reports.] [Supplemental]

(b) Delegation request from Mr. Daryl Grunlund, 5150 Hammond Bay Road, Pg. 18.2 Nanaimo, BC, V9T 5B5, regarding Rezoning Application No. RA195 - 5160 Hammond Bay Road. [See ltem (g) under Staff Reports.] [Supplemental]

(c) Delegation request from Mr. Fred Taylor, 204 Emery Way, Nanaimo, BC, Pg. 18.3 V9R 528, regarding Proposed Park Zoning. [See ltem (a) under Parks, Recreation and Culture Commission.] [Supplemental]

(d) Delegation request from Mr. Fred Taylor, 204 Emery Way, Nanaimo, BC, Pg. 18.4 V9R 528, regarding Development Variance Permit No. DVP124 - 727 Millstone Avenue. [See ltem (c) under Staff Reports.] [Supplemental]

7. MAYOR'S REPORT:

8. PROCLAMATIONS:

(a) Ms. Karen Madeiros, Executive Director, Adoptive Families Association of Pg. 19-23 BC, #200 - 7342 Winston Street, Burnaby, BC, V5A 2H1, requesting that the month of November 2007 be proclaimed "ADOPTION AWARENESS MONTH" in the City of Nanaimo. COUNCIL 2007-NOV-19 PAGE 3

9. REPORTS OF ADVISORY BODIES:

(a) Advisory Committee on the Environment - Addition of Cosmetic Pg. 24 Pesticide Review to ACE Workplan

Committee's Recommendation: That Council endorse the Advisory Committee on the Environment conducting an update and review of cosmetic pesticide regulation and education programs in Canada, and provide recommendations to Council on whether Nanaimo should change its current position on cosmetic pesticide use.

(b) Nanaimo Community Heritage Commission - Community Heritage Pg. 25-26 Register Update

Committee's Recommendation: That Council adopt amended Schedule 'H"as the City's official Community Heritage Register.

[Note: Due to the volume of the material contained in Schedule "A (Community Heritage Register), a copy of this material has been placed in the Councillor's Office and the Legislative Services Department for viewing.]

Committee's Recommendation: That Council direct Staff to have a commemorative plaque prepared for presentation to the Pacific Biological Station in 2008 to mark the Station's Centennial Anniversary.

10. PARKS, RECREATION AND CULTURE COMMISSION:

(a) Proposed Park Zoning Pg. 29-31

Committee's Recommendation: That Council support the proposed park zoning and consider giving first and second readings to 'ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.426': which appears under the Bylaw Section of this evening's Agenda.

(b) School Community Connections Program Pg. 32-33

Committee's Recommendation: That Council support moving to Step 2 of the School Community Connections Program in partnership with School District 93, Ecole Oceane (formerly Princess Anne School), and the Francophone Association of Nanaimo.

Commission's Recommendation: That Council receive the Minutes. COUNCIL 2007-NOV-19 PAGE 4

(d) Minutes of the Parks, Recreation and Culture Commission Meeting Pg. 39-46 held Wednesdav, 2007-OCT-03

Commission's Recommendation: That Council receive the Minutes.

1 1. STAFF REPORTS: (blue)

ADMINISTRATION:

(a) Mr. G. D. Berry, City Manager, to provide a Powerpoint presentation regarding the future of local government.

DEVELOPMENT SERVICES:

(b) Subdivision Approval - Park and Cash-in-Lieu - 2695 Labieux Road Pg. 47-50 lSUB00674)

Staffs Recommendation: That Council approve the payment of cash-in-lieu of park for the subdivision of lands at 2695 Labieux Road (SUB00674), described as Lot I, Section 20, Range 5, Mountain District, Plan 13833.

Staffs Recommendation: That Council direct Staff to proceed with the required Statutory Notification for Development Variance Permit No. DVP124 at 727 Millstone Avenue to convert the existing detached garage into a secondary suite.

(d) Development Variance Permit No. DVP125 - 4648 Lanuna Way Pg. 57-67

Staffs Recommendation: That Council direct Staff to proceed with the required Statutory Notification for Development Variance Permit No. DVPl25 at 4648 Laguna Way to vary the gross floor area from the maximum 390.18 square metres (4,200 square feet) to 453.35 square metres (4,880 square feet), a variance of 63.17 square metres (680 square feet) and vary the maximum height measured from curb level from, 5 metres (16.4 feet) to 5.3 metres (I7.4 feet), a variance of 0.3 metres (1 foot).

(e) Citv of Nanaimo Zoninn Bylaw Housekeeping Amendments Pg. 68-75

Staffs Recommendation: That Council consider giving first and second readings to "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.425': which appears under the Bylaw Section of this evening's Agenda. COUNCIL 2007-NOV-19 PAGE 5

(f) Report of the Public Hearing Held Thursday, 2007-NOV-01 for Pg. 76-79 Bylaw Nos. 4000.423.4000.424, and 6000.073

Staffs Recommendation: That Council receive the Report and the Minutes of the Public Hearing held Thursday, 2007-NOV-01.

(g) Rezoning Application No. RA195 - 5160 Hammond Bav Road Pg. 80-86

Staffs Recommendations: That Council:

1 consider giving first and second readings to "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.427': which appears under the Bylaw Section of this evening's Agenda;

AND:

2. direct Staff to secure the storm water management plan, erosion and sediment control plan, buildings setbacks, and the proposed community contribution as conditions of rezoning.

(h) Animal Control Services Contract Pg. 87

Stafs Recommendations: That Council:

1. authorize Staff to renew the Animal Control Services Contract with the Nanaimo Animal Shelter for an additional two-year period at an increased cost of six percent;

AND:

2. re-tender the contract affer the two year extension has expired.

(i) Unresolved Building Deficiencies - Notice on Title (Section 57) Pg. 88-92

It is requested that Council hear anyone wishing to speak with respect to unresolved building deficiencies/illegal suites/grow operations for the following properties:

(1) 5285 Toms Turnabout - Illegal Construction IAdditional Dwelling Unit (2) 5287 Toms Turnabout - Illegal Construction IAdditional Dwelling Unit (3) 4914 Fillinger Crescent - Illegal Construction / Deck (4) 820 Fitzwilliam Street - Incomplete Building Permit (5) 3764 Avonlea Drive - Illegal Construction / Accessory Building (6) 5568 Clipper Drive - Illegal Grow Operation / Illegal Construction (7) 3340 Kite Way - Illegal Grow Operation / Illegal Construction

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. COUNCIL 2007-NOV-19 PAGE 6

(j) Unresolved Building Deficiencies - Remedial Action Requirements Pg. 93- /Section 72173) 100

It is requested that Council hear anyone wishing to speak with respect to unresolved building deficiencieslillegal suiteslgrow operations for the following properties:

(1) 5568 Clipper Drive - Illegal Grow Operation (2) 3340 Kite Way - Illegal Grow Operation (3) 5285 Toms Turnabout - Illegal Suite

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 Charter.

(k) Unsiqhtlv Premises - Propertv Maintenance Bvlaw No. 3704 Pg. 101- 104 Note: This item has been pulled from the Agenda.

CORPORATE SERVICES:

(I) Bylaw to Amend the Waterworks Rate and Regulation Bvlaw Pg. 105

Staffs Recommendation: That Council consider giving first three readings to "WATERWORKS RATE AND REGULATION BYLAW AMENDMENT BYLAW 2007 NO. 7004.02': which appears under the Bylaw Section of this evening's Agenda.

(m) Commercial Vehicle Licencing Regulation Bvlaw Pg. 106

Staffs Recommendation: That Council consider giving first three readings to "COMMERCIAL VEHICLE LlCENClNG REGULATION BYLAW 2007 NO. 7054': which appears under the Bylaw Section of this evening's Agenda.

12. INFORMATION ONLY ITEMS:

(a) Report from Councillor McNabb, Chair, Parks, Recreation and Culture Pg. 107 Commission, re: Branding of the Nanaimo Sports Zone.

(b) Report from Mr. B. Anderson, Manager, Community Planning, Pg. 108 re: Affordable Housing lnitiative - Bowen Road.

(c) Report from Mr. B. Anderson, Manager, Community Planning, re: Urban Pg. 109 Clean Up Initiative - Victoria Road. COUNCIL 2007-NOV-19 PAGE 7

(d) Report from Mr. R. J. Reimer, Manager, Revenue Services and Financial Pg. 110- Systems, re: Assessment Roll Adjustments. Ill

13. RECONSIDERATION OF BYLAWS:

(a) That "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.423" Pg. 112- (RA196 - to rezone property from Single Family Residential Zone (RS-1) 113 to Residential Duplex Zone (RM-1) in order to construct a duplex at 5190 Dunster Road) be given third reading.

(b) That "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.424" Pg. 114- (RAI 97 - to rezone a portion of the property from Residential Duplex Zone 115 (RM-1) to Single Family Residential Zone (RS-1) in order to create two single family lots at 4775 and 4777 Hammond Bay Road) be given third reading.

That "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.424" (RAI 97 - to rezone a portion of the property from Residential Duplex Zone (RM-1) to Single Family Residential Zone (RS-1) in order to create two single family lots at 4775 and 4777 Hammond Bay Road) be adopted.

(c) That "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW Pg. 116- 2007 NO. 6000.073" (OCP 30 - to redesignate property from 117 "Rural Resource Lands" to "Suburban Neighbourhood" designation and include inside the Urban Containment Boundary property located at 141 Westwood Road) be given third reading.

That "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2007 NO. 6000.073" (OCP 30 - to redesignate property from "Rural Resource Lands" to "Suburban Neighbourhood" designation and include inside the Urban Containment Boundary property located at 141 Westwood Road) be adopted.

(d) That "HIGHWAY NAME CHANGE BYLAW 2007 NO. 7058" (to change the Pg. 118- name of a portion of Otter Way to Zorkin Road) be adopted. 119

(e) That "COUNCIL PROCEDURE BYLAW 2007 NO. 7060" (to regulate the Pg. 120- meetings of Council) be adopted. 138 COUNCIL 2007-NOV-19 PAGE 8

14. INTRODUCTION OF BYLAWS:

(a) That "WATERWORKS RATE AND REGULATION BYLAW AMENDMENT Pg. 139- BYLAW 2007 NO. 7004.02" (to replace Schedules A and B) be given first 141 reading.

That "WATERWORKS RATE AND REGULATION BYLAW AMENDMENT BYLAW 2007 NO. 7004.02" (to replace Schedules A and B) be given second reading.

That "WATERWORKS RATE AND REGULATION BYLAW AMENDMENT BYLAW 2007 NO. 7004.02" (to replace Schedules A and B) be given third reading.

(b) That "COMMERCIAL VEHICLE LlCENClNG REGULATION BYLAW 2007 Pg. 142- NO. 7054" (to provide for the licencing of commercial vehicles operating 145 within the City of Nanaimo) be given first reading.

That "COMMERCIAL VEHICLE LlCENClNG REGULATION BYLAW 2007 NO. 7054" (to provide for the licencing of commercial vehicles operating within the City of Nanaimo) be given second reading.

That "COMMERCIAL VEHICLE LlCENClNG REGULATION BYLAW 2007 NO. 7054" (to provide for the licencing of commercial vehicles operating within the City of Nanaimo) be given third reading.

15. INTRODUCTION OF DEVELOPMENT BYLAWS:

(a) That "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.425" Pg. 146- (to ensure the Bylaw does not discriminate between users of the land and 150 instead only regulates the use of the land) be given first reading.

That "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.425" (to ensure the Bylaw does not discriminate between users of the land and instead only regulates the use of the land) be given second reading.

(b) That "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.426" Pg. 151- (to create three new zones which are intended to reflect the varying levels 192 of use on city parkland) be given first reading.

That "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.426" (to create three new zones which are intended to reflect the varying levels of use on city parkland) be given second reading. COUNCIL 2007-NOV-19 PAGE 9

(c) That "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.427" Pg. 193- (RA-195 to rezone property from Single Family Residential Zone (RS-I) to 194 Low Density Multiple Family Residential (RM-3) in order to construct four duplexes and three fourplexes at 5160 Hammond Bay Road) be given first reading.

That "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.427" (RA- 195 to rezone property from Single Family Residential Zone (RS-1) to Low Density Multiple Family Residential (RM-3) in order to construct four duplexes and three fourplexes at 5160 Hammond Bay Road) be given second reading.

BYLAW STATUS SHEET

16. CORRESPONDENCE:

(a) Letter dated 2007-NOV-05 from the Federation of Canadian Municipalities, Pg. 198 Land Management in Local Communities: Opportunities and Challenges for First Nations, Municipal Government Relations, inviting Council to a Land Management Workshop, to be held on Thursday, 2007-DEC-06 at the Coast Bastion Hotel, Nanaimo, BC.

(b) Letter dated 2007-NOV-06 from Ms. Rosemary Bonanno, Pg. 199 Executive Director, Vancouver Island Regional Library, Box 3333, 6250 Hammond Bay Road, Nanaimo, BC, V9R 5N3, requesting that Council appoint a Representative and Alternate to the Vancouver Island Regional Library Board for 2008.

17. COUNCIL APPOINTMENTS:

18. NOTICE OF MOTION:

19. CONSIDERATION OF LATE ITEMS 1 OTHER BUSINESS:

(a) At the Regular Meeting of Council held Monday, 2007-OCT-29, Councillor Holdom put forward the following Notice of Motion:

"That Council request Staff to prepare a Request for Proposals to provide art works for the new Vancouver Island Conference Centre." COUNCIL 2007-NOV-19 PAGE 10

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

(a) Ms. Lesley Lorenz, Vice Chair of Team Nanaimo, and Mr. Bert Abbott, Pg. 200 Director of BC Paraplegic Association, 40 Kennedy Street, Nanaimo, BC, V9R 2H6, requesting that Council support implementation of the "Legacies Now Measuring Up" program.

21 . QUESTION PERIOD: (Agenda Items Only)

22. ADJOURNMENT:

ACTING MAYOR: COUNCILLOR UNGER

2007-OCT-26 to 2007-DEC-10 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-OCT-29 COMMENCING AT 7:00 P.M.

PRESENT: His Worship Mayor G. R. Korpan, Chair

Members: Councillor W. L. Bestwick Councillor M. D. Brennan Councillor J. D. Cameron Councillor W. J. Holdom Councillor L. D. McNabb Councillor C. S. Manhas Councillor L. J. Sherry Councillor M. W. Unger

Staff: G. D. Berry P. Kristensen A. C. Kenning L. J. Murray A. W. Laidlaw A. J. Tucker D. W. Holmes K. L. Burley E. C. Swabey T. Wilkinson B. E. Clemens K. King T. P. Seward

1. CALL THE OPEN MEETING TO ORDER:

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

2. INTRODUCTION OF LATE ITEMS:

(a) Mayor Korpan to announce "Leading EDG Awards".

(b) Ratification of the Appointment of a Council Representative to the Newcastle Island Collaborative Management Agreement Board.

3. ADOPTION OF AGENDA:

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

4. ADOPTION OF MINUTES:

(a) Minutes of the Regular Meeting of the Twenty-Third Council of the City of Nanaimoheld in the Regional District of Nanaimo Board Chambers, 6300 Hammond Bay Road, Nanaimo, BC on Monday, 2007-OCT-15 at 7:00 p.m.

It was moved and seconded that the Minutes be adopted as circulated. The motion carried unanimously. 10 COUNCIL 2007-OCT-29 PAGE 2

5. MAYOR'S REPORT:

(a) "Leadinq EDG Awards" (Supplemental)

Mayor Korpan announced that the City of Nanaimo, along with its protocol partners, the Nanaimo Port Authority and the Snuneymuxw First Nation, received the Leading EDG Excellent Foundation Award. The City was also awarded the Quality Infrastructure Award for the construction of the Nanaimo Ice Centre.

(b) Ratification of the Appointment of a Council Representative to the Newcastle Island Collaborative Manaqement Aqreement Board (Supplemental)

It was moved and seconded that Councillor Unger be appointed to the Newcastle lsland Collaborative Management Agreement Board. The motion carried unanimously.

Mayor Korpan encouraged Nanaimo citizens to register for the City of Nanaimo's Emergency Notification System by contacting 756-131 1, or by going to the City's Website at www.nanaimo.ca. In the event of an emergency that you would need to know about, you would be automatically contacted by telephone or email with the nature of the situation and instructions to follow.

6. REPORTS OF ADVISORY BODIES:

(a) Nanaimo Community Heritaqe Commission - Heritaqe Awards

Commission's Recommendation: That Council ratify the following Heritage Award recipients and direct the Heritage Commission to present them at the City of Nanaimo Awards Luncheon scheduled for 2007-NOV-08:

1. Mr. Gino Sedola as the recipient of the John Thomson Heritage Memorial Award; and,

2. Rehabilitation Recognition Awards for:

St. Andrew's United Church (315 Fitzwilliam Street); Ranger's Shoes Building (310 Fitzwilliam Street); Gusola Block (120 Commercial Street); Van Houten Residence (184 Mt. Benson Street); and, Gulliford Residence (285 Wall Street).

It was moved and seconded that the recommendation of the Nanaimo Community Heritage Commission be adopted. The motion carried unanimously. COUNCIL 2007-OCT-29 PAGE 3

(b) Plan Nanaimo Advisory Committee - Official Community Plan Amendment Application OCP41 - 5220 Metral Drive

PNAC's Recommendation: That Council consider approving Official Community Plan (OCP) Amendment Application 041 for 5220 Metral Drive.

Staffs Recommendation: That Council consider giving first and second readings to "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2007 NO. 6000.079.

It was moved and seconded that the recommendations be adopted. The motion carried unanimously.

Committee's Recommendation: That Council approve the following Excellence in Social Development Awards and direct that they be presented at an Awards Luncheon to be held Thursday, 2007-NOV-08, at 11:30 a.m. at the Beban Park Lounge:

Joanne Bevis - Caring Citizen MGM Restaurant - Caring Corporate Citizen Nanaimo Youth Services Association - Caring Non-profit Clemete Program - Caring Community Collaboration John Barsby Secondary School - Caring Young Person (under age 19 or School 1 Youth Group)

It was moved and seconded that the recommendation of the Social Planning Advisory Committee be adopted. The motion carried unanimously.

(d) Advisory Committee on the Environment - City Council's Green Nanaimo Awards

Committee's Recommendation: That Council ratify the following City Council's Green Nanaimo Awards and direct that they be presented at an Awards Luncheon to be held Thursday, 2007-NOV-08, at 11:30 a.m. at the Beban Park Lounge:

Barry Reid (The Soap Exchange) - Energy Conservation Paul Wyse -Seward - Environmental Awareness Joan Rogerson - Environmental Awareness Mel Shang - Environmental Awareness Ray Read and Ken Epps - Environmental Awareness Mathieu Jallabert - Healthy Living Morrell Sanctuary - Award with Distinction

It was moved and seconded that the recommendation of the Advisory Committee on the Environment be adopted. The motion carried unanimously. COUNCIL 2007-OCT-29 PAGE 4

7. PARKS. RECREATION AND CULTURE COMMISSION:

(a) Naminq of the New Community Centre

At the "In Camera" Meeting of Council held 2007-OCT-15, Council considered submissions from the public for the naming of the new north end community centre.

Council passed a motion supporting Parks, Recreation and Culture Commission's recommendation to name the centre the "Oliver Woods Community Centre".

Committee's Recommendation: That Council ratify the name of the new north end Community Centre as "Oliver Woods Community Centre".

It was moved and seconded that the recommendation of the Parks, Recreation and Culture Commission be adopted. The motion carried unanimously.

8. STAFF REPORTS:

DEVELOPMENT SERVICES:

(a) Report of the Public Hearing Held Thursday, 2007-OCT-04 for Bylaws 6000.078 and 6000.076

Staffs Recommendation: That Council receive the Report and the Minutes of the Public Hearing held Thursday, 2007-OCT-04.

It was moved and seconded that the recommendation be adopted. The motion carried unanimously.

(b) "HIGHWAY NAME CHANGE BYLAW 2007 NO. 7058"

Staffs Recommendation: That Council consider giving first three readings to "HIGHWAY NAME CHANGE BYLAW 2007 NO. 7058".

It was moved and seconded that the recommendation be adopted. The motion carried unanimously.

(1) 2137 Boundary Crescent - Illegal Suites

Mayor Korpan inquired if there was anyone in attendance who wished to speak to the report pertaining to Unresolved Building Deficiencies - Remedial Action Requirements (Section 72/73).

No one in attendance wished to make representation with respect to this matter. 13 COUNCIL 2007-OCT-29 PAGE 5

It was moved and seconded that the recommendation be adopted. The motion carried unanimously.

CORPORATE SERVICES:

(d) "COUNCIL PROCEDURE BYLAW 2007 NO. 7060

Staffs Recommendation: That Council:

1. incorporate some or all of the changes to the Council Procedure Bylaw (as noted in the report) prior to giving first three readings; or,

2. give three readings to Council Procedure Bylaw as presented.

It was moved and seconded that Section 9.l(a) of "COUNCIL PROCEDURE BYLAW 2007 NO. 7060" be amended to state: "A Special Open Council Meeting may, upon authorization of Council, be conducted by means of electronic or other communication facilities". The motion was defeated. Opposed: Mayor Korpan, Councillors Bestwick, Brennan, Cameron, Holdom, McNabb, Manhas, and Unger

It was moved and seconded that Section 15 of "COUNCIL PROCEDURE BYLAW 2007 NO. 7060" be amended to include: "All reports from City Staff shall be introduced by the City Manager with the necessary information relating to each item under consideration with a Staff recommendation". The motion was defeated. Opposed: Councillors Bestwick, Brennan, Cameron, Holdom, McNabb, Manhas, and Unger

It was moved and seconded that Section 15.6 of "COUNCIL PROCEDURE BYLAW 2007 NO. 7060" be amended to state: "As per the City's Record Retention Policy". The motion carried. Opposed: Councillors Brennan, McNabb, and Unger

It was moved and seconded that Section 18.7 of "COUNCIL PROCEDURE BYLAW 2007 NO. 7060" be amended to state: "There shall be no limit to the number of delegations included on the Agenda for items that have been included on the Agenda. However, the Director of Legislative Services will be granted the authority to schedule delegations that wish to speak on items that are not on the Agenda to another Council Meeting or Advisory Body Meeting as deemed appropriate according to the subject matter of the presentation". The motion carried unanimously.

(e) Appointment to the Board of Variance

Staff's Recommendation: That Council ratify the appointment of Mr. Edwin James (Jim) Galloway to fill the at-large vacancy on the Board of Variance for the remainder of the term ending 2008-DEC-31.

It was moved and seconded that the recommendation be adopted. The motion carried unanimously. COUNCIL 2007-OCT-29 PAGE 6

(f) PNC Telecommunications Services

Staffs Recommendation: That Council award the Telecommunications Services Contract for the Port of Nanaimo Centre to Charter Telecom for a total of $747,000.

It was moved and seconded that the recommendation be adopted. The motion carried unanimously.

9. INFORMATION ONLY ITEMS:

(a) Report from Mr. D. Lindsay, Manager, Planning Division, re: LA15 - Modern Cafe - 221 Commercial Street - Application for a Transfer of Location - Old Flag Inn.

10. RECONSIDERATION OF BYLAWS:

(a) "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2007 NO. 6000.076" (OCP38 - to redesignate lands, amend the Urban Containment Boundary, and add site specific policy to permit a mixed use comprehensive development, including a new Regional Shopping Town Centre, Town Centre, Service Industrial and Neighbourhood lands at 1200 Frew Road, 1560 and 1650 Island Highway South).

It was moved and seconded that "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2007 NO. 6000.076" pass third reading. The motion carried. Opposed: Councillor Sherry

It was moved and seconded that "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2007 NO. 6000.076" be adopted. The motion carried. Opposed: Councillor Sherry

(b) "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2007 NO. 6000.078 (OCPOI 1 - to redesignate subject property to Regional Shopping Town Centre at 6975 Island Highway North).

It was moved and seconded that "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2007 NO. 6000.078 pass third reading. The motion carried unanimously.

It was moved and seconded that "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2007 NO. 6000.078" be adopted. The motion carried unanimously.

It was moved and seconded that "SOUTH WEST BULK WATER RATE BYLAW 2007 NO. 7047" be adopted. The motion carried unanimously. COUNCIL 2007-OCT-29 PAGE 7

(d) "PROPERTY TAX EXEMPTION BYLAW 2007 NO. 7057" (to exempt certain land and buildings from taxation).

It was moved and seconded that "PROPERTY TAX EXEMPTION BYLAW 2007 NO. 7057" be adopted. The motion carried unanimously.

11. INTRODUCTION OF BYLAWS:

(a) "COUNCIL PROCEDURE BYLAW 2007 NO. 7060" (to regulate the meetings of Council).

It was moved and seconded that "COUNCIL PROCEDURE BYLAW 2007 NO. 7060" pass first reading as amended. The motion carried unanimously.

It was moved and seconded that "COUNCIL PROCEDURE BYLAW 2007 NO. 7060" pass second reading as amended. The motion carried unanimously.

It was moved and seconded that "COUNCIL PROCEDURE BYLAW 2007 NO. 7060" pass third reading as amended. The motion carried unanimously.

12. INTRODUCTION OF DEVELOPMENT BYLAWS:

(a) "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2007 NO. 6000.079" (OCP041 - to add site specific policy to permit a mixed use development, including office, commercial and multiple-family residential uses, to a maximum 50 units per hectare and six-storey height on property located at 5220 Metral Drive).

It was moved and seconded that "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2007 NO. 6000.079" pass first reading. The motion carried unanimously.

It was moved and seconded that "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2007 NO. 6000.079 pass second reading. The motion carried unanimously.

(b) "HIGHWAY NAME CHANGE BYLAW 2007 NO. 7058" (to change the name of a portion of Otter Way to Zorkin Road).

It was moved and seconded that "HIGHWAY NAME CHANGE BYLAW 2007 NO. 7058" pass first reading. The motion carried unanimously.

It was moved and seconded that "HIGHWAY NAME CHANGE BYLAW 2007 NO. 7058" pass second reading. The motion carried unanimously.

It was moved and seconded that "HIGHWAY NAME CHANGE BYLAW 2007 NO. 7058" pass third reading. The motion carried unanimously. COUNCIL 2007-OCT-29 PAGE 8

13. CORRESPONDENCE:

(a) Invitation regarding the 2007 Green lnfrastructure Leadership Forum, sponsored by Association of Vancouver Island and Coastal Communities (AVICC) and Convening for Action on Vancouver Island (CAVI), to be held on Monday, 2007-DEC-03 at the Coast Bastion Inn, Nanaimo, BC.

It was moved and seconded that Council grant permission to any Council member wishing to attend the 2007 Green lnfrastructure Leadership Forum to be held on Monday, 2007-DEC-03 at the Coast Bastion Inn. The motion carried unanimously.

14. NOTICE OF MOTION:

(a) Request for Proposals - Councillor Holdom (Supplemental)

Councillor Holdom put forward the following Notice of Motion for consideration at the Regular Meeting of Council to be held 2007-NOV-19:

"That Council request Staff to prepare a Request for Proposals to provide art works for the new Vancouver Island Conference Centre."

15. CONSIDERATION OF LATE ITEMS / OTHER BUSINESS:

(a) Remembrance Day Parking (Supplemental)

Councillor Unger advised that parking is free on-street and at all City-operated parkades on Remembrance Day, but cautioned that free parking does not apply to privately owned parking lots.

16. DELEGATIONS PERTAINING TO ITEMS NOT ON THE AGENDA:

(a) Mr. Wayne Chudek, 969 Robins Street, Nanaimo, BC, V9R 1H8, regarding International Paper Industries (IPI) recycling depot at 255 Eaton Street.

Mr. Chudek advised of his concerns with excessive noise and glass dust from International Paper Industries' (IPI) glass recycling at 225 Eaton Street. He believes that this operation is inappropriate in a residential neighbourhood and if they are permitted to expand as they are planning, it will cause further hardship to the area residents. COUNCIL 2007-OCT-29 PAGE 9

17. ADJOURNMENT:

It was moved and seconded at 8:30 p.m. that the meeting terminate, with the next Meeting of Council to be held Monday, 2007-NOV-19, commencing at 7:00 p.m. in the Regional District of Nanaimo Board Chambers. The motion carried unanimously.

MAYOR

CERTl FlED CORRECT:

DIRECTOR, LEGISLATIVE SERVICES CITY OF NANAIMO 1 1 LEGISLATIVE SERVICES DEPARTMENT \ I

ON 2007 , 11 ,19 year month day

COUNCIL (at 7:00 p.m. in the RDN Board Chambers, 6300 Hammond Bay Road)

FINANCE 1 POLICY COMMITTEE OF THE WHOLE (at 4:30 p.m. in the City Hall Board Room, 455 Wallace Street)

NAME OF PERSON MAKING PRESENTATION: Fred Pattje Print ADDRESS: 2830 Fandell Street street address PHONE: 250-758-7575 - FAX: - business

NAME OF APPLICANT IF OTHER THAN ABOVE:

To comment on Development Variance Permit DVP 124 , 727 Millstone Avenue, to convert a detached garage to a secondary suite.

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 [email protected] ------=I ------=I _,- _ _- CITY OF NANAIMO , B NOV f 3 2087 ii I LEGISLATI* SEAk/i,"ECES LEGISLATIVESERVICES DEPARTMENT '------I REQUEST TO APPEAR AS A DELEGATION

year month day

COUNCIL (at 7:00 p.m. in the RDN Board Chambers, 6300 Hammond Bay Road)

FINANCE 1 POLICY COMMITTEE OF THE WHOLE (at 4:30 p.m. in the City Hall Board Room, 455 Wallace Street)

NAME OF PERSON MAKING PRESENTATION: Dar~lGrunlund Print ADDRESS: 5150 Hammond Bay Rd Nanaimo BC V9T 5B5 street address City Province Postal Code PHONE: 250-758-8646 - FAX: - home business NAME OF APPLICANT IF OTHER THAN ABOVE:

DETAILS OF PRESENTATION:

We have 51 neighbourhood resident forms in opposition to the Rezoning application from 5160 Hammond Bay Road, that have been collected since Friday, to present to Council and a some questions about the proposed development.

~>g.q~@~~$~+&@pz&&ggg~@pA~ & , %*@Aw: *$?4 ";*tdst'.?i^d .*"" * " * .. .&* *~&*~-.,*2g"1 ~fiq@g$~;$~$@*~.~c*T* '; -&4>&. : &$j@&@#&$paFe.qm$&#r2>~si&&$~G*sb*&~$&~~~&~x* PLEASE NOTE m8&:@gi&ak&B~@q&~qgp&#$y,,,wea g T& 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 [email protected] PAGE 01 CITY OF NANAIMO

- _ 7-=A LEGISLATIVE SERVICES DEPARTMENT I REQUEST TO APPEAR AS A DELEGATION/ I ON 2007 - November - 19 Ymr month day

@ COUNCIL (at 7:00 p.m. in the RON &ard Chambers, 6300,HammondBay Row

FINANCE I POLICY COMMiTEE OF THE WHOLE (at 4:30 p.m. in f'he City Hell Board Room, 455 WdIwSh#)

NAME OF PERSON MAKING PRESENTATION: FRED TAYLOR Rint ADDRESS: 204 EMERY WAY NANAIM0 V9B-5Z8 stfeet acihss Cw Rwinct mstai cce I I t PHONE: 754-6917 FAX: 753-8124 hane hsirrsrr . . NAME OF APPLICANT IF OTHER THAN ABOVE:.

DETAILS OF PRESENTATION: I request the opportunity : to address the Council in regards to the proposed park zoning (item 10 (a)

I .I...... :...... ',.., J ..'.... , :,* :'...:. . . ' ' E.&&, F&itn-;,:. ).'.,'...... , .. ,l:.F*rn,-. : ' ...... ;:..;:::...... :. 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 Medimg. Pkase 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 Fw: (250) 755-4435 455 Wallace Street. Nanalrno BC V9R 5J6 [email protected] PAGE 02 CITY OF NANAlMO

-3 LEGISLATIVE SERVICES DEPARTMENT NOV 1 ,+f-il REQUEST TO APPEAR AS A DELEGATION

ar'u COUNCIL (at 7:00 p.m. in the RDN Board Chambers, 6300 Hammnd Bay Row

FINANCE I POUCY COAAMI~TTEEOF THE WHOLE (at 4:30 p-m, In the City Hall BOW Room, 455 Wallace Sm,

NAME OF PERSON MAKING PRESENTATION: FRED . TAYLOR RSM / I\DD.E~: 204 EMERY WAY. NANAIMO V9R-528 dwd adrlrees CitV iJlwlme postal code I NAME OF APPLICANT IF OTHER THAN ABOVE: I 1 DETAILS OF PREs'WTATWN: I

request the opportunity to address the Counci 1 ,in regards to the Development Variance Permit.No DVP 124 - ,727 Mills tone .Ave (item 11 (b) &hXmii Awltern EP 01 Committee."...... ,.. .. Dehmf-m -hkting Proclamation 0 Pkr-CwneraWng Cormpodem0 Date: abo7 - dO\i - 19

I I . . , , , ...... ;,. ::< ....i.. . .' . . .,, >.,:::,: , : . , ' Em- ~*h, .; , ;. . . .:...... PLEASE NOTE ...... ;. . ,.. .EM[I$~;:;:;,, ...... ,.. :; ;:.,; ...... , .... ;,. . , .....:.,: ...... : Electronic presentations must be provided on a CD or by e-mail-nolater than 9:00 a.m. the day of the Meeting. Please submit a writlen 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 perSection 18 of the Council Procedure Bylaw,

Phone: (250)755-4405 Legislative Services Department Fax: (250)75w435 455 Wallace Street, Nanaimo 8C V9R 5J6 legislaWeservices.~ca@nam~.ca Adoptive Families Association of BC Provincial Office: #200 - 7342 Winston St., Burnaby, BC, V5A 2Hl Tel(604) 320-7330 Fax (604) 320-7350 E-mail: [email protected] Web: www.bcadoption.com m CWl Aoendalm November 2007 P Commim..,...... Delegation 0 -HOpen Mew Proclamation lX PMamenm conespondcncea Mhjk /3007-d0~-19 Your Worship,

On behalf of the membership, volunteers, staff, and board of the Adoptive Families Association of British Columbia (AFABC), I would like to invite you to join us in celebrating Adoption Awareness Month this November. As part of our commitment to children and in recognition of the contributions made by adoptive families, we are hosting activities across the province as well as helping to raise the profile of BC's Waiting Children. We ask for your support in informing the public about the vital role that permanence plays in a child's life and request that

you recognize the month of November 2007 as Adoption Awareness Month...... % Having a healthy f At the same time, I am also writing about a matter of utmost importance to your i family is the single community: children in foster care. More than 9,000 children in British Columbia j most important i are currently in foster care, with approximately 60% of those children in i determinant of { continuous foster care and 40% in temporary foster care. Perhaps less well known i success in is that one in nine of the children in foster care is awaiting adoption. i adulthood...... , In BC, there are approximately 1,300 children waiting for a permanent home and there is an acute shortage of prospective adoptive parents. Years ago, there were more parents wanting to adopt than there were children needing to be adopted. Now, the tables are turned and increasing numbers of children have to wait for a permanent home.

As AFABC celebrates its 30th anniversary of supporting adoptive families, we have seen firsthand the evolution of adoption services in our province and the emergence of the biggest barrier to finding families for these children: public unawareness and misconceptions. We hope that with your help, we can heighten public awareness about children who need families and educate people about adoption.

The Children In the August, September issue of Focus on Adoption, I spoke about a young girl, Christine, whom I had the pleasure of meeting when she was 13 years old. Christine has always been open to adoption and was waiting for an unconditionally loving and committed family. Through the hard work and determination of her social worker, Christine finally joined her forever family in late 2006 at the age of 16

Together, We Can Better Fulfill These Children's Hopes Many children in foster care spend an unnecessary amount of time waiting for a loving home. At the same time that I point out this failure on our part as a province, I applaud our thousands of dedicated and diligent social workers and committed foster care parents. Theirs is a crucial task, sometimes thankless, that often goes unnoticed. While we unreservedly express enormous appreciation to dedicated social workers and foster parents, I also say that as a province, we can do better. We can all do better. The current situation is that approximately 1,300 children are on the waiting list for adoption. Each year, a family is found for about 300 of these children. We are overjoyed about the children and families that are brought together by adoption. While we celebrate the many families that do open their homes and hearts to BC's waiting children, we cannot accept that about three-quarters of the wait-listed children never actually find a permanent home. Too many children "time-out" or "age-out" of the child welfare system each year upon reaching the age of 18. These youth face a bleak future when they are tasked with facing new life challenges of adulthood that they are not adequately prepared to handle.

We are gravely concerned that adoption statistics indicate a worsening trend. For the past four years, the number of adoptions of BC-born children has declined; meanwhile, the number of wait-listed children has remained constant or increased.

You Can Help! Simply by reading this letter and sharing it with your Council and staff, you have already helped. Thank you very much. Most probably, there are children right in your own community who are wait-listed for a family. During Adoption Awareness Month this November, please use your leadership position to raise awareness and support adoption in your community.

Firstly, please proclaim the month of November 2007 as Adoption Awareness Month and consider taking an opportunity to educate your Council and community by reading this letter to them and displaying some of our materials in your office or in your community.

Secondly, perhaps your Council could get an update as to exactly how many children are wait-listed for adoption amongst the citizens that you serve. The children that are uncounted are often the ones that don't get the help that they need.

,, , ...... Thirdly, adoption strengthens communities, so we encourage you to get involved in Help find a adoption. We invite you to meet our vast network of families and come out to any of permanent home the events, activities, and workshops that we host around the province year-round. for BC's Waiting We also encourage you to touch base with a support staff member in your area; you can easilyfind one of our adoption support coordinators by visiting our website at Children www.bcadoption.com.

We appreciate your consideration of our requests and welcome the opportunity to answer any questions you may have about adoption or the Adoptive Families Association of BC. Please feel free to contact me at 604-320- 7330 (ext. 108) or [email protected]. I would be delighted to hear about your activities to celebrate, educate and support Adoption Awareness Month

Best Regards,

Karen Madeiros Executive Director Adoptive Families Association of BC Provincial Office: #200 - 7342 Winston St., Burnaby, BC, V5A 2H1 Tel(604) 320-7330 Fax (604) 320-7350 E-mail: [email protected] Web: www.bcadoption.com

Facts about Adoption in BC

The Children 1,307 British Columbian children are currently wait-listed for adoption. About 150 of these children are less than 2 years of age. Others are older. Some are teens. Over one-third are Aboriginal or Metis children and need an approach that will honour their cultural heritage. There are almost 200 groups of siblings that need to be adopted together. Some children have been exposed to alcohol or drugs. These children have had a rough start in life but with love and adequate support, they do amazingly well. While awaiting adoption, these children live in foster care. Profiles of children waiting to be adopted are available at the website of the Ministry for Children and Family Development: www.mcfgov.bc.ca/adoption.

Who Is Eligible to Adopt a Child? You must be a mature adult, capable of committing to loving and raising a child. You must be 19 years of age or older and a BC resident. You do not have to be married, own a home, or have a certain type of job or education. What counts is love and unconditional commitment.

How Do Parents and Children Get Matched Up? Social workers make the best possible match based on their assessments of prospective parent(s) and their in-depth knowledge of the child.

What Does the Process Entail? The process begins with an application, available at the website of the Ministry for Children and Family Development: www.mcfgov.bc.ca/adoption. A home study evaluation by a social worker is required. All adoptive parents are required to take an orientation course to better understand what an adopted child goes through and learn how best to help him or her adjust to a new life and family. It's all part of looking out for a child's best interests.

Can the Birth Parents Take a Child Back? Adoption is forever. If it is in a child's best interests to have some connection and contact with his or her biological family, you may want to make an agreement to openness with the birth parent(s) and other significant people in the child's life. Again, what matters is what is in the child's best interest. An openness agreement sets out the kind of information exchange and contact that each of you would like and how often the exchange or contact would take place. Participation in an openness agreement is voluntary for both you and the birth parent(s).

How Long Does It Take to Adopt? Usually, 12 - 18 months. Sometimes less, sometimes longer. Each situation is unique depending on the circumstances of the child and the workload of the social worker.

Costs and Financial Support I No fees are charged to adopt a child through the Ministry of Children and Family Development. Support services are available to families who adopt children with special needs. Financial assistance may also be provided through the Ministry of Children and Family Development. For post-secondary education for adopted children, financial assistance may also be available.

For more information, visit www.mcf.gov.bc.ca/adoption or call the Adoptive Families Association of BC at 1-877-236-7807 (1-877-ADOPT-07). Ado~tionAwareness Month Join us in celebratin; adoption at these events and workshops around the province. True Colours Mentoring Diwali Celebration - Nov 18 Timo 7 nrn ./: nm 8 ""C. 1 ,,", - 7 ,,a,, Fomily Fun day November 4 - Location: Okanagan Boys and Girls Club Rutland Centre, 355 Hartman Road, Time: Noon - 3 pm Kelowna Location: Burnaby Village Museum 6501 Deer Lake Ave, Burnaby Contact: Dianna at 1-866-694-7222 or [email protected] Contact: Jen at 604-320-7330 [email protected] Celebrating Family Adoption Conference - Fri Nov 23 - Sat Nov 24 Time: 8:45 am - 4 pm Dawson Creek Mom's Night Out - Every Second Thursday Location: Executive Plaza Hotel and Conference Centre 405 North Road, Time: pm Coquitlam Location: Boston Pizza Contact: Register online at www. bcadoption.com Contact: Sherrie at 250-786-5370 or [email protected] Gay and Lesbian Adoptive and Waiting Parents Dessert Evening - Nov Family Pot Luck and Fun Night - Nov 29 Time: 4:30 pm - 7 pm Time: 7 pm - 9 pm Location: The Ark Location: TBA Contact: Sherrie at 250-786-5370 or [email protected] Contact: Michelle at 604-320-7330 or [email protected] Gymnastics and Coffee Special - Nov 11 Time: 3:30 pm - 5: 30 pm Location: North Peace Gymnastics, Fort St. John Kelowna Dessert and Coffee Evening (Adults only) Nov 2 - Contact: Sherrie at 250-786-5370 or [email protected] Time: 7 pm - 9 pm Location: Kelowna Community Resources Building 1735 Dolphine Ave Adoption Awareness and Night Contact. Dianna at 1-866-900-7330 or [email protected] Time: TBA Kelowna Family Fun Day Swim and Social - Nov 4 Location: TBA Contact: Lorena at 1-866-900-7330 Time: 1 pm - 4 pm Location: Parkinson Recreation Centre Quesnel Family Event - Nov 3 Contact- Dianna at 1-866-694-1222 or [email protected] Time: pm - 4:30 pm Location: Quesnel Soccer Facility Salmon Arm Family Fun Day :Swim and Social - Nov 3 Contact: Register with Susan at 250-747-0500 Time: TBA . Location: Salmon Arm Community Rec Centre Pool Contact: Jan Lacko at 250-832-2170 Attachment in Older Child and Teen Adoption - Presented by Dr. Kamloops Spaghetti Night - Nov 24 Brenda McCreight - Nov 2 Time: 6 pm Time: 8 am - 4:15 pm Location: Gateway City Church 163 Oriole Road, Kamloops Location: Queen Alexandra Centre for Children's Health Contact: Jo at 250-554-7006 or toll free ot 1-866-303-4818 or Contact: [email protected] jreaney@bcadoption. com Parksville/ Qualicum Beach AFABC Open House - Nov 18 Free Family Skate - Nov 4 Time: 1 pm - 3 pm Time: 2 pm - 4pm Location: 874 Aberdeen Drive, Parksville Location: Kinsmen Arena, Cranbrook Contact: Sharon and Nigel at 250-248-8202 Contact: Margaret at 1-866-884-2224 or [email protected] Nanaimo Family Swim and Social Date TEA (All pre- and post- West Kootenay Family Potluck Dinner - Nov 18 - adoptive families, MCFD and agency workers invited!) Time: 3 pm - 6 pm Time: TBA Location: Crescent Valley Hall, Highway 6, Crescent Valley Location: TBA Contact: Margaret at 1-~766-884-2224or [email protected] Contact: Dianne at 1-866-334-3873 or [email protected] Proclamation

ADOPTION AWARENESS MONTH November 2007

WHEREAS adoptive families in British Columbia provide the love and support of a permanent family; and

WHEREAS the government of British Columbia recognizes the care, compassion, and unselfish commitment of British Columbia adoptive families; and

WHEREAS there continues to be a need for adoptive families to nurture the growth and development of children, especially those with special needs because of age, physical, mental, or emotional disabilities and sibling groups; and

NOW THEREFORE 1, ,do hereby proclaim the month of November 2007 as Adoption Awareness Month and remind the citizens during this time that there are many children in our province who need adoptive families. REPORT TO COUNCIL

FROM: CHAIR, Advisory Committee on the Environment

RE: Addition of Cosmetic Pesticide Review to ACE Workplan

COMMITTEE'S RECOMMENDATION:

That Council endorse the Advisory Committee on the Environment conducting an update and review of cosmetic pesticide regulation and education programs in Canada, and provide recommendations to Council on whether Nanaimo should change its current position on cosmetic pesticide use.

EXECUTIVE SUMMARY:

During the ACE meeting held 2007-Jul-03, a recommendation was made to request Council approval for the ACE workplan to be adjusted in order to consider ways to reduce cosmetic use of pesticides. This would include reviewing current practices in other communities and discussing with Bylaw and Parks staff the most appropriate approach for Nanaimo to pursue.

BACKGROUND:

In 2001, the Advisory Committee on the Environment completed a background report on pesticide use and practice in order to inform Council at the time about the issue. Later in 2005, ACE partnered with Malaspina University-College in gauging public opinion on pesticide use practices and how receptive residents would be to enhanced public education or bylaw restrictions to cosmetic pesticide use. The results demonstrated many respondents believed they should be notified when neighbours are using pesticides and some bylaw controls on cosmetic pesticide use and greater public education on their use should be pursued. The Committee at the time decided that providing education and monitoring the issue was probably the best approach to emphasize for the time being.

Since 2005, some Island communities in the Capital Regional District and the Comox valley have gone onto develop cosmetic pesticide use bylaws. As a result, ACE feels it is time to revisit the issue and would like Council endorsement to review current municipal bylaws and education programs on cosmetic pesticide use from other communities.

Respectfully submitted,

~WRC~I Agendatrem W Councillor Joy Cameron, Chair Cornminee..,.,..,... Delegation P Advisory Committee on the Environment @@en Meeting Proclamation 0 0 In-Camera Meethtg ConwpondenceO k&gDate: &7- do\I-lq RL\ch g:\commplan\admin\ACE-WorkplanAddition Council Date: 2007-Nov-19 2007-NOV-07 REPORT TO COUNCIL

FROM: CHAIR, NANAIMO COMMUNITY HERITAGE COMMISSION

RE: COMMUNITY HERITAGE REGISTER UPDATE

COMMISSION'S RECOMMENDATION:

That Council adopt amended Schedule "A" as the City's official Community Heritage Register.

EXECUTIVE SUMMARY:

The purpose of this report is to present Council with an updated heritage register including seven additional buildings nominated by property owners for inclusion in the register over the past year. The updated register also contains ten revised heritage value statements for buildings already listed. In order for the buildings to be added to the register, Council must pass a resolution adopting the updated heritage register. A copy of the full register document has been placed in the Council office for reference.

BACKGROUND:

Council adopted the City's first official Community Heritage Register at its regular meeting held 2002-Oct-07. At this time, the Register included 140 buildings, six cemeteries, and six structures. Council has since amended the Register by adding five buildings in 2004, and five buildings and one structure in 2006.

A Community Heritage Register is an official listing of properties identified by the City as having heritage value. Adoption of a register ensures that building owners and prospective buyers are aware of the building's heritage status. In addition, creation of a register permits Council, through the Heritage Procedures Bylaw, to implement temporary protection measures for buildings threatened with demolition or alteration. These temporary protection measures allow Council to:

temporarily withhold approval for an action that would lead to alteration of a listed heritage property; temporarily withhold a demolition permit; and require an impact assessment to determine the effect of a proposed development on a heritage resource, before the development takes place.

Buildings on a heritage register can also take advantage of special "equivalency" provisions contained in the B.C. Building Code Heritage Building Supplement. The register can also be used as a criterion for municipal grants, tax exemption, and non-monetary incentives, such as zoning relaxation or development bonuses.

New Nominations:

Since January, 2007, ten buildings have been nominated by property owners for inclusion on the Register. At its regular meeting held 2007-OCT-03, the Heritage Commission reviewed and evaluated the nominations as required by the City's Heritage Procedures Bylaw No. 5549, and passed the following motion: ~OUI#II Agendah Q' a Committee...... Delegation Q -~ng Pr~iamation o Qkr-Camera n Mcetlrylh 25 Council Report

"That the Commission recommend Council add the following properties to the Heritage Register: Simpson Residence (18 Albion Street) Clements Residence (420 Pine Street) Parrot Residence (41 1 Machleary Street) Daniel Galbraith Residence (185 Stewart Avenue) Granby Mine Residence (523 Vancouver Avenue) Aldred House (529 Wentworth Street) Well Residence (904 Wentworth Street)"

The successfully nominated properties and structure have been incorporated into the revised Heritage Register document, a copy of which is available for viewing in the Council office.

Housekeeping Amendments:

With Staff assistance, the Heritage Commission also reviewed all existing heritage valuelcharacter statements contained in the Register for accuracy. A number of amendments were identified based on input from the Nanaimo Community Archives and on information generated by the recently completed Historic Places initiative Statements of Significance Project. As a consequence of this review, the Commission has updated, to a greater or lesser degree, the value statements of approximately ten property entries. These updates have been incorporated into the revised Register document.

In addition, two properties: the Foundry Building at 100 Comox Road and the Meakin Residence at 437 Albert Street have been removed from the register due to demolition.

The Land Residence (Fernville) has been relocated from 84 Esplanade to 1002 Milton Street. The register entry for this property has been updated to reflect the building relocation.

RECOMMENDATION:

That Council adopt amended Schedule "A as the City's official Community Heritage Register.

g:\cornrnplan\admin\2007\Heritage Register Update.doc 2007-NOV-19- SCHEDULE A

Adopted: [2002-OCT-071 Updated: [2004-DEC-131 Updated: [2006-SEP-251 Updated: [2007-NOV-I 991

Historic Buildinqs:

763 Albert Street Holland/Morrison Residence 18 Albion Street Simpson Residence 70-76 Bastion Street B.C. Telephone Exchange 121 Bastion Street Commercial Hotel 133-41 Bastion Street Eagle's Hall 500 Bowen Road Raines Cabin 2290 Bowen Road Beban House 990 Campbell Street Steel Residence 100 Cameron Road Rowbottom Residence (Miner's Cottage) 25 Cavan Street Provincial Liquor Store 20 Chapel Street Christian Science Society Building 41 Chapel Street Shaw Residence 100 Chapel Street St. Paul's Anglican Church and Hall 2-4 Church Street The Earl Block (Grassick's) 5-17 Church Street Great National Land Building 208 Colviletown Trail Gallows Point Lighthouse Keeper's Cottage 6 Commercial Street Jean Burns Building 19 Commercial Street Nash Hardware 35 Commercial Street Caldwell Block 37-45 Commercial Street The Hall Block 83-87 Commercial Street The Rogers Block 93-99 Commercial Street The Hirst Block (Dakin Block) 101 Commercial Street Ashlar Lodge (Masonic Temple) 120 Commercial Street The Gusola Block 143-155 Commercial Street The Parkin Block 172-174 Commercial Street A.R. Johnston & Co. Grocers 221 Commercial Street Modern Cafe 223 Commercial Street Free Press Building 445 Comox Road First Nanaimo Scout Hut 112 Craig Street Residence 1500 Cranberry Avenue Residence 1518 Cranberry Avenue Residence o 467 Eighth Street Residence 1526 Extension Road Stark's Barn o 715 Farquhar Street Western Fuel Company House #24 o 1009 Farquhar Street Mine Rescue Station o 310 Fitzwilliam Street Ranger's Shoes o 315 Fitzwilliam Street St. Andrew's Presbyterian (United) Church o 403-9 Fitzwilliam Street S&W Apartments o 41 1 Fitzwilliam Street Mitchell's Market o 413-7 Fitzwilliam Street T&B Apartments o 418 Fitzwilliam Street Adirim's Junk Store (later the Zorkin Building) n 426 Fitzwilliam Street Angell's Trading o 428 Fitzwilliam Street Central Dairy o 432 Fitzwilliam Street Occidental Hotel o 437 Fitzwilliam Street Rawlinson & Glaholm Grocers o 580 Fitzwilliam Street Vancouver Island Regional Library o 815 Fitzwilliam Street Shaw Residence o 825 Fitzwilliam Street Beattie Residence o 18 Fourteenth Street Wilson Residence Q 423 Fourth Street Fourth Street Store o 375 Franklyn Street Harris Residence 421 Franklyn Street Franklyn Street Gymnasium o 750 Franklyn Street McCourt Residence o 20 Front Street Nanaimo Motors o 25 Front Street The Globe Hotel o 28 Front Street Tom Brown's Auto Body o 31-35 Front Street Nanaimo Court House o 54-66 Front Street Nanaimo Post Office and Federal Building o 98 Front Street The Bastion o 102 Fry Street Young Residence o 797 Girvin Road Residence o 55 Haliburton Street Jones/Bevilockway Residence o 111 Haliburton Street Residence o 236-240 Haliburton Street Manson's Store o 545 Haliburton Street Rowe Residence

City of Nanaimo Community Heritage Register (1 1/09/07) Page 4 o 602 Haliburton Street Haliburton Street Methodist Church o 703 Haliburton Street Hayes Residence o 3190 Hammond Bay Road Pacific Biological Station Residence 925 Harbour View Road Hunt Estate o 908-912 Hecate Street York Residence o 505 Howard Street Harewood School o 12 Irwin Street SmithNVilson Residence o 1904 Jingle Pot Road Brick Residence o 4334 Jingle Pot Road Our Lady of Good Counsel o 190 Kennedy Street Cunningham Residence o 304 Kennedy Street Freethy Residence o 305 Kennedy Street Wilkinson Residence o 307 Kennedy Street Woodman Residence o 536 Kennedy Street Pargeter Residence o 547 Kennedy Street Adams Residence o 639 Kennedy Street Dykes Residence o 115 Machleary Street LayerIHall Residence o 320 Machleary Street Rowbottom Residence o 388 Machleary Street Nanaimo General Hospital o 395 Machleary Street Hitchen Residence o 41 1 Machleary Street Parrot Residence o 426 Machleary Street Rowley Residence o 2126 Meredith Road Meredith Road Residence o 408 Millstone Road Residence o 39 Milton Street Newbury Residence o 45 Milton Street Young-Pargeter Residence o 129 Milton Street WiltonNVelch Residence o 133 Milton Street Wood Residence o 347 Milton Street Ledingham Residence o 434 Milton Street Residence o 1002 Milton Street "Fernville" The Land Residence o 1 150 Milton Street Robins Gardens o 164 Mount Benson Street Galbraith Residence o 184 Mount Benson Street Van Houten Residence

City of Nanaimo Community Heritage Register (11/09/07) Page 5 o 21 5 Newcastle Avenue WoodwardIHarrison Residence o 225 Newcastle Avenue Westwood/Giovando Residence 34 Nicol Street Nanaimo Fire Hall #2 o 2249 Northfield Road North Field School o 757 Northumberland Avenue McCannel Residence o 465 Park Avenue Residence o 259 Pine Street Residence o 420 Pine Street Clements Residence o 546 Prideaux Street McKechnie Residence o 639-41 Prideaux Street Jones Residence o 1343 Quinn Lane Residence o 746 Railway Avenue Residence o 678 Second Street Newbury Farm House o 241 Selby Street Brackman-Ker Milling Building o 279 Selby Street Gilbert Residence o 321 Selby Street Esquimalt & Nanaimo Railway Station o 471 Selby Street Manson Residence o 610 Selby Street Beck Residence o 673 Selby Street Sullivan Residence o 151 Skinner Street Reid Residence o 275 Skinner Street Palace Hotel o 36 Stewart Avenue Johnston Residence o 185 Stewart Avenue Daniel Galbraith Residence o 255 Stewart Avenue Sloanllsaacson Residence o 404 Stewart Avenue Hoggan's Store o 505 Stewart Avenue Stephens Residence o 405 Terminal Avenue North Galloway Building o 725 Terminal Avenue North Egdell Residence o 755 Terminal Avenue North Wardill Residence o 40 Thetis Place Williams Residence o 560 Third Street "Five Acres" Farm o 225 Vancouver Avenue Schetky Residence o 261 Vancouver Avenue Sharp Residence o 441 Vancouver Avenue Ekins Residence

City of Nanaimo Community Heritage Register (11/09/07) Page 6 a 523 Vancouver Avenue Granby Mine Residence o 33-35 Victoria Crescent Commercial Building a 34 Victoria Crescent Davidson BlockIQueens Hotel a 39-45 Victoria Crescent Nanaimo Pioneer Bakery (Johnson's Hardware) o 63 Victoria Crescent Eagle Hotelrrerminal Hotel o 98 Victoria Road McRae Residence o 41 3 Victoria Road Residence o 421 Victoria Road Isherwood Residence o 624 Wakesiah Avenue Crewe Residence a 285 Wall Street Gulliford Residence a 291 Wallace Street Willard Service Station a 455 Wallace Street City Hall a 481-489 Wallace Street Brumpton Block o 499 Wallace Street Merchant's Bank of Canada a 529 Wentworth Street Aldred House o 674 Wentworth Street Jenkins Residence o 697 Wentworth Street Wilson Residence o 718 Wentworth Street Crossan Residence o 904 Wentworth Street Wells Residence

Historic Cemeteries: o 555 Bowen Road Nanaimo Public Cemetery a 4700 Ledgerwood Road Wellington Cemetery o 301 Machleary Street St. Peter's Cemetery o 105 St. George Street Garden Memorial to Chinese Pioneers o 1598 Townsite Road Chinese Cemetery o 10 Wallace Street Pioneer Cemetery

Historic Structures: o 85 Front Street Dallas Square Cenotaph o 85 Front Street Welsbach Gas Lamp o 6 Front Street Dugout Canoe

City of Nanaimo Community Heritage Register (11109107) Page 7

decorated with 'fishscale' shingles and scroll-cut brackets. There are arched windows in the front gable and in the panelled front door. The large lot retains some early landscape features, including mature shrubs and hedges. The house was built by William Morrison, a tailor, on land acquired from Andrew Haslarn; it is unknown if Morrison ever lived here.

Name: HollandlMorrison

Location: 763 Albert Street Date: Circa 1896

Located in Harewood, the Simpson Residence is a tangible reminder of the area's early development. In 1884, Samuel Robins, Superintendent of the Vancouver Coal Mining and Land Company, purchased Harewood Estates, a large parcel of land between Nanaimo and the base of Mount Benson. Robins subdivided the area into five-acre lots and made them available to mining families as homesteads at affordable prices. Robins envisioned farming as a way for miners to provide for themselves whenever coal markets were depressed. Over time, many of the farms were subdivided into standard size building lots, although the rural character of the area remained well into the 1970s. The Simpson Residence, built by coal miner David Simpson, is a good example of the type of working class housing that was built in the area in the early part of the 20'~century. Name: Simpson Residence Location: 18 Albion Street The residence stands in contrast to most of the adjacent housing, which was built during the 1950s and 1960s. Consequently, the building is an important heritage landmark on the street.

City of Nanaimo Community Heritage Register (11/09/07) Page 9 Originally these were two separate buildings. The taller building to the west was built prior to 1908, and was owned by the Knights of Pythias; B.C. Telephone opened its exchange here in 1908. In 1911, it was extended to the rear, and was renovated in 1926, with a new front fa~ade.The smaller building to the east was originally built in 1926 as a garage, with a store above. They were later joined with an addition that now forms the main

Location: 70-76 Bastion Street The B.C. Telephone Exchange building is a very good example of a vernacular Edwardian style commercial building and is significant as an early example of the adaptive reuse of buildings to suit corporate needs. The fa~aderedevelopment modernized the building and projected a more

early Nanaimo had a large population of single, often transient men. As affordable housing alternatives, hotels functioned as living quarters and, in the saloons and restaurants typically located on the ground floor, as social centres.

Associated with Nanaimo's earliest commercial development, the Commercial Hotel has operated continuously in Nanaimo since 1875. The first Commercial Hotel was located on the adjacent corner. In 1913, this new structure was built as an addition and the original hotel was eventually torn

Designed by architects Breseman and Durfee, who also designed Victoria's First Congregational Church and St. James Hotel, the Commercial Hotel is a very good example of the Edwardian Commercial style and features the simplicity and overall restrained appearance typical of this style. Despite some alterations, much of the building's original character is intact, including the brick facing, projecting metal cornices and storefront piers.

Name: Commercial Hotel Location: 121 Bastion Street

City of Nanaimo Community Heritage Register (1 1/09/07) Page 10 Designed by Vancouver architects McCarter & Nairne, the provincial masters of Art Deco style, the Eagle's Hall is a rare case of a building designed by non-resident architects and/or contractors. The firm dominated public architecture in Vancouver during the mid-20'~century and is best known for the Marine Building and the Georgia Medical-Dental Building.

Location: 133-41 Bastion The cast concrete eagle sculpture over the front entry is a tangible reminder of the Eagle's long association with the building and of the importance of fraternal organizations in the cultural, economic and social life of the city. Before the institution of Medicare and government pensions, organizations like the Eagle's provided medical and other benefits to their members. In coal mining communities like Nanaimo where accident and death rates were exceptionally high, such benefits were crucially important.

The Raines Cabin is significant as a rare example of a vernacular, pioneer log structure. Built in the Cedar area south of Nanaimo in the mid-291h century, the cabin speaks to the difficult living conditions of the area's earliest rural settlers. The small, dark and low building is a tangible reminder of the hardships of pioneer life.

The Raines Cabin is significant as an example of a community preservation project. Originally located in a rural area south of Nanaimo, the last private owners, Jane and Tom Gilchrist, in the process of tearing down the house, discovered the original log cabin hidden under later additions. The cabin was donated to the Nanaimo Museum, was moved to its present location in Bowen Park, and was restored in 1984.

The Raines Cabin's value resides in its location in a municipal park, readily accessible to the public as an educative and interpretative venue.

Beban House is a rare and sophisticated local example of Rustic style architecture. Popular in the 1930s, rustic architecture was based on a design philosophy of sympathy with the surrounding landscape. Beban House has many of the features typical of this style including its log construction, Name: Beban House stone foundations and chimneys, small paned windows and overhanging roofs. Location: 2290 Bowen Road Beban house is significant because its interior is one of the most intact and well-preserved 1930s interiors in public ownership in British Columbia. Beban House's size, park-like setting and its location on a slight rise make it a highly visible landmark in this neighbourhood.

City of Nanaimo Community Heritage Register (11/09/07) Page I I relocation. It was moved to Piper's Park adjacent to the Nanaimo District Museum, and rehabilitated to provide a tangible reminder of how many of Nanaimo's early residents lived. It was designated a municipal heritage site on February 18, 1980.

tional value as an example of the living arrangements includes a regional museum and other mining-related

This house was built by the Steel Brothers, prolific local contactors from the 1920s to the 1950s. They owned a number of lots in this area and their workshop, later converted to a house, is still standing at 994 Campbell Street.

The Steel Residence is part of a grouping of heritage buildings in one of the city's oldest neighbourhoods, adjacent to the downtown core.

The Provincial Liquor Store is a very good example of Streamline Moderne architecture. Built of cast-in-place concrete, this horizontally proportioned building is minimally detailed. Glass block, a typical feature of this style, was used for the windows and curved entry walls.

The Provincial Liquor Store is significant as one of few local buildings constructed by the provincial government. Built in 1949 to a standardized plan created by the Department of Public Works' Assistant Chief Architect Lord Wilfred Hargreaves, the Liquor Store is one of only two known surviving examples of this particular plan. The other is located in Prince George. Hargreaves also designed the Queen's Printers building in Victoria.

Location: 25 Cavan Street

0's post Second World Ware economic renewal and represents, in its striking modernity, a shift

City of Nanaimo Community Heritage Register (11/09/07) Page 12 A good example of early adaptive re-use, the building, original a residence known as the McDonald Property, was substantially renovated in 1932. Renovations included removing the interior partitions, setting the house on a concrete foundation and covering the outside in stucco. Since that time, the building has remained remarkably unchanged and continues to serve the function for which it was renovated. Name: Christian Science

Location: 20 Chapel Street

Built in 2921 for Joseph H. and Florence Shaw, the residence is a very good example of late Craftsman style architecture. The house is notable for its refined handling of wood detailing. The overall cladding is cedar shingle, with twinned coursing to mark the foundation level. The exposed rafter ends, projecting brackets and the multi-paned casement windows with their tapered surrounds are all typical of the Craftsman style. The original front door, with its bevelled glass inserts and brass hardware, remains in place.

The building, one of only three remaining single-family houses in the downtown core, is a tangible reminder of the historic presence of this housing form in the downtown area. From the 1850s until the 1930s. Nanaimo's downtown included an eclectic mix of commercial, industrial and residential buildings, including single-family homes. By the 1930s, residential neighbourhoods adjacent to the downtown core were firmly established. Name: Shaw Residence Although the upper stories of commercial buildings and hotels continued to providing living accommodation, no new single-family housing was built Location: 41 Chapel downtown after 1930.

The Shaw Residence is an exceptional example of a building that takes full advantage of its site. Located at the top of a cliff, the building is a prominent landmark and has spectacular views of Mount Benson to the west and the harbour to the east.

At the time this house was built, Joseph Shaw was the manager of Sampson Motors, 20 Front Street. In 1924 he became the manager of Nanaimo Motors, but the Shaws seem to have left Nanaimo soon after, as they are not listed in Directories after that year.

City of Nanaimo Community Heritage Register (1 1/09/07) Page 13 St. Paul's Anglican Church is significant as one of the oldest, continuously functioning parishes in British Columbia, linked to both the ecclesiastic history of the province and the earliest social and spiritual development of Nanaimo. Built on land given by the Hudson's Bay Company in 1859, the current building is the third church on the site.

Built in 1931, St. Paul's Anglican Church is an excellent and the only identified local example of Gothic Revival architecture, a popular style for churches in this period. The building's modest proportions and minimal ornamentation reflect its construction during the Depression. St. Paul's Anglican Church was designed by architect J.C.M. Keith, best known for Victoria's landmark Christ Church Cathedral.

Keith was born in Scotland in 1858, the son of an Anglican clergyman. He settled in Victoria in 1891, and three years later won the competition to Name: St. Paul's Anglican design Victoria's landmark Christ Church Cathedral. Recommended by the Bishop, Keith's first design for this church was rejected as too costly, Church & Hall estimated at $80,000 without furnishings. His second design was also rejected at being too expensive. His third and final design was built at a tender Location: 100 Chapel Street price of $23,296 by Turley Brothers of Parksville. The first service was held on January 3, 1932. -Date: 1931 The exterior of the church is distinguished by its stained glass windows and decorative pre-cast concrete trim. The interior has survived in intact condition, including a fir plank ceiling, plastered walls, a stone baptismal font, oak altar railings and pulpit, and a large fir organ case. The perpetual light to the left of the altar is an original miner's lamp, presented to Mr. Freeman in 1914 by the Wolfe Company of Germany when he was the manager of the Jingle Pot Mine.

The landscaped grounds in front of the church, combined with the adjacent Dallas Square Cenotaph plaza, form a significant park area at a busy downtown intersection. The front garden, with a winding path that leads to the main entry, creates a barrier from the street and a secluded, peaceful ambience appropriate to a church building.

The Earl Block is significant as the only surviving example of the many ltalianate style buildings that predominated at this downtown intersection by the late 19Ih century. Built in 1888 during the economic boom precipitated by the completion of the Esquimalt and Nanaimo Railway and the expansion of the No. 1 Coal Mine, this highly detailed brick building speaks to the mood or prosperity and possibility prevalent at the time. It is an important tangible reminder of Nanaimo's economic heritage.

Two stories in height, with a flat roof, the building marks a prominent intersection. The facades display highly ornamental detailing, including segmental arched window openings with projecting heads and keystones, brick pilasters with recessed lines, and projecting stringcourses. The original double-hung wooden windows have also survived.

This Downtown landmark was designated as a municipal heritage site in March of 1977. Name: Earl Block Location: 2-4 Church Street -Date: Circa 1888-1890

City of Nanaimo Community Heritage Register (1 1/09/07) Page I4 Sympathetically rehabilitated in 1997, the Bank of Commerce is Nanaimo's premier example of Classical Period Revival architecture. Built in 1914 during the 1912-1914 coal miners' strike, the building's classical conservatism represented tradition, stability and prosperity during a fractious and volatile period. Built to standards plans designed by Bank of Commerce staff architect Victor Horsburgh, the building transcends mere copying and responds dramatically to its prominent downtown corner location.

The Bank of Commerce Building's monumental presence, manifested in four massive columns, makes it second only to the Bastion as the city's most recognizable landmark.

Name: The Bank of Commerce The Bank of Commerce is an important intact example of the type of bank architecture that predominated throughout Canada during the late lgthand (now the Great National Land early 20'~centuries. Building) Location: 5-1 7 Church Street Date: 1914

In 1852 a Hudson's Bay Company shepherd was murdered near Saanich, and outraged Governor James Douglas was determined that law and order would prevail in the new colony. He dispatched a ship from Victoria to apprehend the two native suspects, one of whom was from Cowichan and the other the son of a chief from Nanaimo. They refused to surrender, however, and two more ships were dispatched to the area. After they were apprehended, they were tried on the quarterdeck of the S.S. Beaver on January 17, 1853, and hung the same afternoon, the first trial by judge and jury under English law on the Coast. The site of the hanging was originally called Execution Point, but subsequently became known as Gallows Point.

The Gallows Point Light Keeper's Cottage's value resides in its direct association with coal mining activity in the Nanaimo area. From the late lgth Name: Gallows Point century to around 1938, the New Vancouver Coal Mining and Land Company and its successor companies developed extensive mine workings on Lighthouse Keeper's Cottage Protection Island that extended far out into the harbour and back towards Nanaimo. The Protection Island Mine was a long-term, significant Location: 208 Colviletown Trail employer and a major resource and, as such, a key element in the city's economic development. By the 1940s. it's demise along with that of other Date: Circa 1912 area mines, signalled the end of the coal era and prompted the development of other industries.

The Gallows Point Light Keeper's Cottage speaks to the critical importance of navigational aids in a coastal community dependent on the safe and efficient movement of large cargoes of coal, other goods, and people, particularly in pre-aircraft days. The fixed red anchor light, first installed at nearby Gallows Point in 1900 was replaced by a more powerful beacon in 1905 and was initially operated by miners from the Western Fuel Company. In the 1920s, a foghorn was also installed to reinforce safety and navigational concerns. The light was eventually automated and remains an important aid to navigation for both pleasure and working craft.

Built around 1912, the Gallows Point Light Keeper's Cottage is a good example of a modest Edwardian residence. The building's simple form and massing reflects its utilitarian purpose and the minimal ornamentation that was characteristic of the era after the architectural exuberance of the Victorian period. A later addition is sympathetic to the building's original character. The surrounding grounds, including the trees, shrubs, flower beds and pathways are important elements of the site's value as a park.

The Gallows Point Light Keeper's Cottage is an excellent example of the adaptive re-use of a historic resource. This building and another residence built in 1938 were abandoned about 1980 when the lighthouse was automated. The two-acre site is now owned by the municipality and leased to a local service group who make the building available for special events.

City of Nanaimo Community Heritage Register (11/09/07) Page 15 The building is significant for its association with Jean Burns, who operated a Ladies and Children's Wear Shop from this site for over forty years beginning in 1934. Burns opened branches at other Vancouver Island locations and is best remembered for the elegant, upscale merchandise and service she provided.

Alfred Nash opened a painting and decorating business in Nanaimo in 1891, and in 1912 started retail operations as Nash Paint and Wallpaper. Four years later he began stocking hardware. In 1936 Nash Hardware moved into an existing building on this site.

The Nash Hardware Building is a very good example of late Art Deco architecture. Originally built in 1909, the building received an Art Deco style facelift in 1945. The new fa~aderepresented a modern design aesthetic that was increasingly popular in post-war Nanaimo and particularly appropriate to a building supply business.

The building is significant as part of a continuous line of similarly scaled and largely intact historic buildings located on the west side of Commercial Name: Nash Hardware Location: 19 Commercial

Name: Caldwell Block Location: 35 Commercial

Date: Circa 1908

City of Nanaimo Community Heritage Register (1 1/09/07) Page 16 The Hall Block is significant because of its association with Dr. G.A.B. Hall. Dr. Hall was the long time physician and surgeon to the Western Fuel Company miners and had a lengthy record of community service, including a term as Mayor from 1930-31. Hall represents the intrinsic connection between doctors, coal companies and the coal mining population. In a city with exceptionally high accident and death rates, these connections were especially significant.

Built in 1925, the Hall Block is a simple, symmetrical and well-proportioned example of an inter-war period building in a vernacular Edwardian Commercial style. With only minor alterations, the Hall Block maintains much of its original character.

Situated in the middle of one city block of largely intact and similarly scaled buildings, the Hall Block is a significant part of the Commercial Street streetscape. Name: The Hall Block Location: 37-45 Commercial Street -Date: 1925

Built in 1913, the Rogers Block is a very good example of a vernacular Edwardian-era commercial building. John Hirst, one of Nanaimo's early settlers, arrived in 1863, and amassed property in and around the Downtown area, including the property on which this building stands. Hirst died in 1882, survived by his wife Harriet, three daughters and eight sons; his holdings were then managed by the Hirst Estate Land Company. One of the daughters was Louise Agnes, who married Francis James Rogers, who acted as Secretary for the Company. This building was underway when her husband died in 1912, and Louise Agnes Rogers arranged for its completion. It was built by contractor J. Henry Walker, originally from Ontario, who also built the Terminal Hotel. The two storey brick fa~adeis enlivened by the original projecting metal cornice above the storefront, and by an elaborate pressed metal cornice that continues the one on the adjacent Dakin Block. The name of the building and the date of construction are displayed in raised lettering. The two front bay windows were removed in an earlier renovation, but were reinstated as part of the rehabilitation work undertaken in the mid-1980s. Name: The Rogers Block Location: 83-87 Commercial Street The Rogers block is significant because of its association with the Hirst and Rogers's families, early merchant families who played prominent roles in the social and economic life of Nanaimo. The building also forms part of a continuous line of heritage buildings located on the West side of Date: 1913 - Commercial Street.

Built in 1911, the Hirst Block is a superior example of the Edwardian-era commercial building style in Nanaimo. The front fa~adeis beautifully detailed with elaborate tan-coloured brickwork and a projecting pressed metal cornice. Three round-arched windows on the second floor have decorative bevelled glass in the upper sash. The building was sensitively rehabilitated as part of a 1985 Downtown Revitalization program.

The building is the eastern cap of a continuous line of substantially intact buildings located on the west side of Commercial Street. An elaborate pressed metal cornice at the roofline continues the one on the adjacent Rogers Block and reinforces the sense of connectedness to the rest of the

life. Charles Dakin was born in Asherton, Derby, England. After he moved to Nanaimo he operated a men's wear and shoe store. He was one of

bought this building in 1922, but did not move his business here until three years later.

City of Nanaimo Community Heritage Register (1 1/09/07) Page 17 Still used for lodge meetings, the building exemplifies the historic and continuing importance of fraternal societies to the cultural, economic and social life of Nanaimo. The building occupies the same site as an earlier lodge that was built in 1873, the first Freemason's Lodge in British

The Lodge is part of a grouping of historic commercial buildings located on Nanaimo's main downtown thoroughfare. Its prominent corner location, with large storefront windows on both the front and side elevations, adds to its street presence.

few notable exceptions, most of Nanaimo's buildings were not architect designed. The building shares some basic similarities with the B.C. Hydro Building (13 Commercial Street) constructed in 1941, the most apparent being the triangular building form. However, this building is much simpler in detail. The Gusola Block's blend of architectural styles exemplifies the predominantly vernacular nature of Nanaimo's architecture and underlines the city's modest, working class character.

Name: Gusola Block A significant rehabilitation and adaptation of the building to a mixed residential/commercial use was completed in 2007. Although altered, the Location: 120 Commercial building still retains much of its original integrity and along with the B.C. Hydro Building (1941), the Eagles Hall (1934), and Tom Brown's Autobody (1937) forms part of the Downtown core's Art Deco influenced building history. Date: Circa 1937 The Gusola Block forms part of a significant cluster of heritage buildings located at a prominent intersection on the main downtown thoroughfare, and is an excellent example of a building designed to fit an irregularly shaped lot. The triangular lot was defined by Nanaimo's original topography; until the inner harbour was filled in the 1960s, this lot followed the line of the original waterfront.

City of Nanaimo Community Heritage Register (1 1/09/07) Page 18 Designed by local architect and contractor Daniel Egdell and built in 1922, the Parkin Block is a very good example of the type of vernacular commercial building built in downtown Nanaimo just after the First World War. The building continues the traditional appearance of the Edwardian- era but has a more eclectic fapde treatment. Predominantly stucco, the fapde is highlighted by simple brick detailing that outlines the edges of the building and structural elements.

The building was built for John Parkin, a native of Nanaimo, who was born on February 4th, 1867. After clerking in his family's store, he joined the local Fire Department, and within three years he became the City's first Fire Chief. Parkin and his family lived above the Fire Hall, and held family gatherings every Saturday night during which the youngsters used to amuse themselves by sliding down the fireman's pole. Parkin was Fire Chief -Name: The Parkin Block for forty years. In 1937, at the age of 70, he directed the fight against one of Downtown's largest fires. It was mid-winter - Parkin got very wet, and as Location: 143-155 Commercial a result developed pneumonia. He died at the Fire Hall on February 25th, 1937. Street Date: 1922

Built in 1898 to replace an earlier building at this site, the Johnston Block is a very good example of a simple, vernacular commercial building. The two storey rear portion of the building has a stone foundation and hip roof. The interior of the one storey front portions retains the original pressed tin ceiling. The exterior has been stuccoed but the foundation is still visible at the side and rear and is a rare local example of early stone construction.

Illustrating Nanaimo's early commercial development, the A.R. Johnston Block is one of very few pre-1900 buildings still standing. The building was part of a complex that included a store, warehouse and wharf and originally backed onto Nanaimo's now infilled inner harbour. The siting underlines the historic importance of harbour access and water transportation to early merchants operating in isolated Nanaimo.

Name: A.R. Johnston & Co. Grocers Location: 172-174 Commercial Street -Date: 1898

City of Nanaimo Community Heritage Register (11/09/07) Page I9 The Modern Cafe neon sign, erected in the mid-1940s, is a rare surviving example of the type of signage that proliferated in downtown Nanaimo from the 1940s until the 1980s. Recently refurbished, the sign is a well loved and highly visible landmark.

Located on Nanaimo's main downtown thoroughfare, the Modern Cafe Building forms part of a significant cluster of heritage buildings located at the intersection of Church, Chapel and Commercial Streets.

The Modern Cafe Building is significant because of its association with A.E. Planta, who built and operated an insurance, financial services and real estate business in this building from 1910 to the mid-1930s. Planta was active in local politics serving as an alderman for eight terms, mayor for eight terms and a school trustee for many years before his 1917 appointment to the Canadian Senate. Planta Park in the Hammond Bay area of the City is named for the family.

910 (fa~aderebuilt

Location: 223 Commercial

Date: 1893 (fa~aderebuilt The Free Press Building is an excellent example of the stylistic evolution of a building over time. Originally built in the Victorian ltalianate style, the building was significantly altered in 1956 as a result of an earlier fire. Many of the elements of the original elaborate fa~ade,including the brickwork and arched window openings, can still be seen on the building's rear and side elevations. The newer international style fa~adereflects a contemporary desire to appear modern and progressive, an appropriate choice for a news organization.

City of Nanaimo Community Heritage Register (11/09/07) Page 20 Located on a high rocky outcrop in a municipal park, the building is a highly visible symbol of the scouting movement in Nanaimo and, by extension, the continuing importance of local organizations to the vitality and richness of community life.

: 445 Comox Road

This house displays features typical of the Edwardian era, but also has some special decorative touches. The front fa~adeis enlivened by an inset front verandah with square chamfered columns, balanced by a projecting square front bay. Decorative art glass transoms are used in the front windows, while coloured glass is used in the unusual stepped triple casement in the central front dormer. The landscape features a mature sumac, a large mature oak and a Mountain Ash at the front.

Location: 112 Craig Street

Built around 1912, the Cranberry Avenue Residence is a very good example of the type of farmhouse that was commonly built during the Edwardian era in the rural areas surrounding Nanaimo. Typical characteristics of this style include the square floor plan, cross-gabled roofline with tall gabled capping each fa~ade,full open front verandah with square columns, horizontal twin bevelled wooden siding, double hung wooden sash windows, shingle insets in gable ends, stained glass transoms in the living room window and original front door with oval glass inset. The building's solid, symmetrical and substantial appearance and minimal decoration reflects the era's move away from the ornamental excesses of the Victorian era.

The Residence is significant as a rare early remaining building in Chase River, an area that originally developed south of Nanaimo as a separate mining and small-scale farming community in the last quarter of the nineteenth century. As Nanaimo grew, the physical distinction between Chase Name: Cranberry Avenue River and Nanaimo blurred. Today, the Chase River area is a mix of commercial and residential buildings but surviving early farmhouses such as this residence, typically sited on large lots, are evidence of the original rural character of the area. Location: 1500 Cranberry

Date: Circa 1912

City of Nanaimo Community Heritage Register (1 1/09/07) Page 21 It is located on the same 2.5 acre parcel as 1500 Cranberry Avenue, and appears to have been a smaller parcel subdivided at the same time. It is probable that the house was built at the same time as the subdivision, but may be the earlier of the two buildings.

The Garland Farmhouse speaks to the direct role local coal companies played in shaping the physical, economic and social development of the Nanaimo area. In 1884, in one of the earliest known examples of community planning in British Columbia, Samuel Robins, the Superintendent of the Vancouver Coal Mining and Land Company, purchased Harewood Estates, a large parcel of land between Nanaimo and the base of Mount Benson. Robins subdivided the area into "Five Acre" farms and made them available at affordable prices. Robins envisioned small-scale farming as an alternate means of sustaining mining families during coal market depressions. The Garland Farmhouse is located on one of the original five-acre

Date: Circa 1912 Built around 1912, the farmhouse is a very good example of an Edwardian bungalow. Characteristics of this style include the simple, boxy form, horizontal lapped, twin bevelled wooden siding, double hung wooden sash windows, stained glass in living room window, cross gable roof, side gable dormers with hip returns, and full open front verandah with square chamfered columns. The building's solid, substantial appearance and minimal decoration reflects the era's move away from the ornamental excesses of the Victorian era and its function as a working farmhouse.

where he and his family could live as free people. He eventually established a farm in Chase River in the 1870s. Stark is credited with developing what is now known as the Stark apple. His daughter, Emily, was the first teacher at North Cedar School, a significant achievement for a black woman in 19Ih century British Columbia. Louis Stark was murdered in 1895. It is speculated that Stark, who had significant coal measures on his property, was murdered so that others could acquire clear access to this coal.

This small barn is an excellent example of an early agricultural building and one of the last visible reminders of the area's farming heritage.

Name: Stark's Barn The building is located amidst mature vegetation on a large lot in a compatible rural use area, and is prominently viewed from both Extension Road and the abutting Chase River School.

City of Nanaimo Community Heritage Register (1 1/09/07) Page 22 The Western Fuel Company House #24 is a direct link with Nanaimo's coal mining history, the city's primary industry for almost 100 years. The Western Fuel Company, successor to the Hudson's Bay and Vancouver Coal Mining and Land companies, was Nanaimo's single largest employer from 1903 to the end of the 1930s. During the Western Fuel Company period, miners experienced tremendous change including mine mechanization, bitter labour conflicts, including the infamous 1912-14 strike and, eventually, the decline of the industry and the loss of their livelihoods.

Rebuilt in 1916 from an old house on the site, the Western Fuel Company House is a rare and very good example of company housing. Although it is known that the company built a number of houses, very few have been identified. No company housing built after this residence is known to exist. -Name: Western Fuel Company The expensive features of this house suggest that it was intended for a managerial or supervisory employee. The house features a very unusual House #24 cross gambrel roof and cross hip dormers, an open front verandah supported on square columns; decorative elements include bevelled glass in the Location: 715 Farquhar Street front door and sidelights, and a cross-leaded feature window. -Date: Pre-I 908; Rebuilt 1916

Built in 1913, the Provincial Government Mine Rescue Station is a good example of a vernacular, utilitarian building and one of the oldest known local uses of corrugated iron cladding.

The building is exceptionally important as a rare, direct link to Nanaimo's coal mining industry, the most important economic activity for almost 100 years. Nanaimo's coalmines were among the most dangerous in the world with over 2000 injuries and fatalities recorded during the coalmining era. During this period, from the early 1850s to the early 1950s, the threat of mining disasters was always present and mining conditions were the source of repeated labour conflicts and community disruptions. Although accidents could never be completely prevented, Mine Rescue Station operations did much to improve the situation by providing practical training and communicating provincial-level commitment to the community. Name: Provincial Government Mine Rescue Station The Station's value resides in its location in one of the City's oldest mixed-use neigbhourhoods, adjacent to the former site of one of the largest coal Location: 1009 Farquhar mining complexes in British Columbia history (the No. 1 Mine). Street -Date: 1913

City of Nanaimo Community Heritage Register (11/09/07) Page 23 Ernest Ranger established his shoe repair business at 312 Fitzwilliam Street in 1920. G.A. Moore opened an auto upholstery business at 310 Fitzwilliam Street at the same time. Both businesses operated for over 20 years from these spaces. In the 1950s, Bayliss Neon Signs, a Victoria company, established a branch office at 310 Fitzwilliam Street.

The building forms part of the Fitzwilliam Street commercial building grouping and is a prominent part of the historic Fitzwilliam Street streetscape.

Name: Ranger's Shoes

Still in use, the Church represents the historic and continuing spiritual, social and cultural importance of the building to Nanaimo. In addition to church services, the building has long hosted community events such as concerts and festivals.

St. Andrew's United Church is significant because of its association with the historic national merger of the Methodist, Presbyterian and Congregational churches in 1925 and it speaks to the historic and continuing complex and often divisive religious issues that confront communities. In Nanaimo, the merger was controversial. A large proportion of Presbyterians voted against union and the subsequent legal battle over the division of the property was the only union litigation case in British Columbia.

Name: St. Andrew's St. Andrew's United Church is also significant because of its association with American architect Warren H. Hayes, a specialist in church design who

Scottish Rite Temple in Minneapolis and Central Presbyterian Church in St. Paul, Minnesota and is known to have provided the plans for at least two Location: 315 Fitzwilliam churches in Canada.

The manse, rock wall, landscaped grounds and attached hall all have a historic and physical relationship to the church and are an essential part of Construction Date: 1893 the site's value. (Church Hall: 1927)

City of Nanaimo Community Heritage Register (1 1/09/07) Page 24 Built in 1910, the S&W Apartment Block is a very good example of an Edwardian era apartment-type commercial building. Its restrained appearance and simple massing set the tone for the architectural aesthetic in this neigbhourhood and the form of the street's development as a commercial strip. The building remains substantially intact.

The S&W Apartment Block, Nanaimo's first known apartment building, is significant because it represents the introduction of a new housing form in the city. Until its construction, housing forms consisted of single-family homes, boarding houses, dormitories or hotels. The construction of this commercial building with its self-contained apartment units on the second floor spurred the development of similar buildings in the area and signalled Nanaimo's move towards more sophisticated, urban housing options.

The ground-level shops have housed a variety of businesses over the years, including the Farmer's Market, and Perry & McGarrigle's Meats. Hyman Name: S&W Apartments Angel also had his Second Hand Goods business here until he built his own building at 426 Fitzwilliam Street. Several prominent businessmen made Location: 403-409 Fitzwilliam their residences in the apartments above, such as George Grigor, of Grigor's Dry Goods, and N.E. Carter, of the Sprott-Shaw Business Institute. The Street stores and apartments remain in full use today. -Date: 1910 In order to design the building, owner T.J. Stephen engaged the services of William Arthur Owen, one of Nanaimo's early professional architects. Owen was born in Swansea, South Wales in 1881, and left England in 1904 due to 'tubercular trouble'; he practiced in Nanaimo from 1911 until 1914, after which he served as City Engineer for three years.

Built in 1922 by Thomas B. Mitchell to house his market and meat shop, the building exemplifies the type of simple, functional commercial structure commonly built in Nanaimo during the interwar period. Both the large front windows, designed to showcase merchandise, and the rear loading bays emphasize the building's functionality. Later renovations significantly modified the building's original appearance but its essential form is still intact.

The Mitchell's Market building is part of a substantial grouping of heritage buildings in this area.

Name: Mitchell's Market Location: 41 1 Fitzwilliam Street -Date: 1922

City of Nanaimo Community Heritage Register (11/09/07) Page 25 The building, an integral part of the Fitzwilliam Street corridor, is part of a grouping of historic buildings located in this neigbhourhood.

The building is significant for its association with Zorkin, who developed numerous recreational, commercial and residential properties on mid- Vancouver Island. In addition to opening the first strip mall in British Columbia at Terminal Park in Nanaimo in the 1950s. Zorkin later developed other areas of Nanaimo and properties at French Creek and Columbia Beach in the Parksville / Qualicum area. Zorkin is also significant for his role

(later the Zorkin Building) Location: 418 Fitzwilliam The Zorkin Building is part of a grouping of similarly scaled historic commercial buildings on the north side of this city block.

Built in 1926, Angell's Trading Building represents the style of the majority of commercial buildings constructed during the interwar period in Nanaimo. A simple, functionally building, it takes full advantage of its sloped site to bring light into the exposed basement and accommodate loading facilities at the rear. The oversize front windows designed to showcase merchandise further emphasize the building's functional quality.

The Angell's Trading Building is significant because of its association with prominent local contractor and designer Alexander Forrester. Typical of many men of his time, Forrester, in addition to his busy construction business, was very active in civic affairs, sewing both as alderman and school trustee for many years. Forrester was born in Kingskettle, Fifeshire, Scotland, and came to the city in 1891. Name: Angell's Trading Location: 426 Fitzwilliam

City of Nanaimo Community Heritage Register (1 1/09/07) Page 26 The Central Dairy building is an integral part of a significant grouping of historic commercial buildings on this street.

Name: Central Dairy Location: 428 Fitzwilliam

The Occidental Hotel's value resides in its role as a gateway building. Located at a prominent intersection, the building marks the western entrance to one of Nanaimo's oldest commercial areas. The angled corner entry mirrors the entry on the building directly across the street and creates a visual funnel, reinforcing the impression of entering a new and distinct space. Tall, imposing and located at a prominent intersection, the Occidental Hotel is a highly visible landmark.

Built in 1886, the Occidental Hotel is very good example of Victorian ltalianate architecture, one of the most popular 19th century styles in North America for a wide variety of building types, from houses and small apartment buildings, to commercial and institutional structures. The Occidental Hotel features the vertical proportions and tall, rounded windows and doors typical of this style.

Name: Occidental Hotel The Occidental Hotel is significant because of its association with prominent Victoria architect John Teague, who came to Victoria in 1862 as an Location: 432 Fitzwilliam engineer for the Royal Navy at Esquimalt. After designing some of the navy buildings, he went into private practice, designing a wide variety of buildings, from hospitals and churches to business blocks and private homes. Remarkably prolific, Teague designed over 350 buildings and greatly m:1886-1887 influenced the character of early architecture in Victoria. His buildings include Victoria City Hall, the Freemason's Meeting Hall, the East Block of St. Ann's Academy, Scholefield House and the Church of Our Lord.

The substantial and handsome Occidental Hotel speaks to the mood of prosperity and possibility prevalent in the 1880s by the completion of the Esquimalt and Nanaimo Railway and the expansion of the huge No. 1 Coal Mine. Located one block from the train station, the Occidental Hotel was the first business to take advantage of the opportunities the nearby train station provided. Over time, other businesses were established and the area eventually became an important secondary retail district within a predominantly residential neighbourhood.

The Occidental Hotel has been in continuous use as an eating and drinking establishment for over 100 years.

City of Nanaimo Community Heritage Register (1 1/09/07) Page 27 Built in 1916, the Rawlinson & Glaholm building is a very good example of a modest, elegant Edwardian era Commercial building. The building's size is in keeping with the pedestrian scale of this mixed residential and commercial area. The building was designed by architect E. J. Bresemann, who with partner Durfee, also designed Victoria's First Congregational Church and St. James Hotel and Nanaimo's Commercial Hotel.

The Rawlinson & Glaholm Building's value resides in its role as a gateway building. Located at a prominent intersection, the building marks the western entrance to one of Nanaimo's oldest commercial areas. The angled corner entry mirrors the entry on the building directly across the street and creates a visual funnel, reinforcing the impression of entering a new and distinct space.

-Name: Rawlinson & Glaholm Grocers Location: 437 Fitzwilliam Street -Date: 1916

The Vancouver lsland Regional Library is a very good example of West Coast vernacular style. Developed after World War 2, this regional style typically used post and beam construction which allowed for greater freedom in the positioning of windows and partitions than did standard stud construction. The style's modern ambience was appropriate for new institutional buildings such as libraries.

The Vancouver lsland Regional Library is significant for its association with the architectural firm of McArravy and Barley. One of the pioneers of the use of modernism on Vancouver Island, Thomas McArravy was Nanaimo's most prominent architect for many years. His best known work is the Nanaimo City Hall. McArravy later partnered with Les Barley and the firm designed a number of local landmarks including the Salvation Army Building and the Nanaimo District Senior Secondary School. After McArravy retired, Barley partnered with Weismiller and designed the Bowen Park Name: Vancouver Island Complex, the Nanaimo District Museum and many other institutional buildings throughout the mid-island area. Regional Library Location: 580 Fitzwilliam The Vancouver Island Regional Library speaks to the municipal government's earliest attempt to streamline community services for efficiency and Street easy public access. By the mid-1960s, the police station, health unit, library and fire hall were all located in what was historically known as Lubbock -Date: 1961 Square, just outside the downtown core. The library and health unit have since moved to other locations. The fire hall and main police station remain and are tangible reminders of the area's early importance as a central location for most of the city's protective and community services.

Built in 1910-11 by George N. Shaw, manager of International Correspondence Schools, the Shaw Residence is a very good example of a modest Craftsman style bungalow. Long and low in form, this simple building features a few decorative elements typical of the Craftsman style including a stained glass panel in the second floor window, triangular brackets under the porch roof and double-hung wooden sash windows.

The Shaw Residence is a good example of a building that takes full advantage of its hillside site. Located at the crest of a long, gentle slope that rises from the harbour, the building's east facing windows provide views of the harbour and distant mountains while the front entry faces a less attractive view of the street.

Name: Shaw Residence The Shaw Residence is part of a significant cluster of exceptionally intact and well maintained historic buildings in this neighbourhood. Location: 815 Fitzwilliam -Date: 1910

City of Nanaimo Community Heritage Register (1 1/09/07) Page 28 The Beattie Residence is significant as an example of the type of superior housing, both in design and construction, that typifies this neighbourhood. By the turn of the 201h century, this area was established as a middle to upper income residential neighbourhood a comfortable distance from the busy commercial core and adjacent mixed-use neighbourhoods.

The name of this residence's original builder and occupant are unknown, however, the building was later the home of John Wilson, a miner at the Reserve Mine in the 1920s.

In excellent condition, this building is a very good example of a vernacular workers cottage of which few examples remain. The building has a side gable roof typical of this housing form, with extended back addition and a front porch running the buildings entire width. Gingerbread detailing is a recent addition and not typical of buildings from this period which tended to be utilitarian in appearance.

The building is located on a corner lot and is sited prominently on Fourteenth Street. It represents a rare surviving example of the early miner's Name: Wilson (John) cottage building form still located on its original site.

Location: 18 Fourteenth Street Date: Circa 1890

The Fourth Street Store Building is an excellent example of a simple, vernacular Boomtown or False-Front style structure. The false front facade increased the apparent size of the building and provided ample space for a large painted sign while the large windows at the ground level provided a showcase for goods display. Name: Fourth Street Store

Date: Circa 1910 the street make it a neighbourhood landmark.

City of Nanaimo Community Heritage Register (11/09/07) Page 29 The Harris Residence's value resides lies in its location on a highly visible corner lot as part of a continuous line of substantially intact historic buildings on the south side of this city block.

Morgan Harris was a miner, and had previously lived on Fry Street. The land that this house was built on was originally owned by Arthur Bullock, and

Built in 1922, the Franklyn Street Gymnasium and Auditorium is a good example of a utilitarian, institutional building with some Classical Revival elements. The building is symmetrically arranged with a central entry. Rows of multi-paned windows on the front facade relieve its otherwise boxy appearance. In spite of renovations and additions over the years, this imposing building is substantially intact.

The Franklyn Street Gymnasium caps the vista up Wesley Street and is part of a continuous line of historic buildings on the south side of a full city

Westminster) and the Jewish Community Centre, Pacific Athletic Club and the St. Vincent de Paul Hospital (all in Vancouver). The Franklyn Street Gymnasium is representative of the firm's generally conservative design aesthetic.

Name: McCourt Residence Location: 750 Franklyn Street Date: Circa 1901

City of Nanaimo Community Heritage Register (1 1/09/07) Page 30 This building formed part of a group of automotive dealerships and parts supply houses that began to line Front Street in the 1920s and 30s. Prior to Nanaimo Motors locating here the site was occupied by Sampson Motors and Dier-Shaw Motors.

Nanaimo Motors Ltd., under the management of N.T. Corfield, constructed a service garage on this site in 1924. This building was designed by Douglas James, an architect based in Duncan. A major renovation and addition was completed in 1948. This renovation, designed by Eric C. Clarkson, a Victoria architect resulted in the existing building, which is a good example of the late streamline moderne style. The three storey rear fa~adeof the building facing out into the harbour has remained relatively unchanged from the 1924 design. Similar to the adjoining Tom Brown Auto Body building, the front fa~adeof this building also featured poured-in-place concrete with cast concrete column details. The original fa~adeof the building has been obscured by unsympathetic alterations over the years, including the use of antique brick and wooden siding, as well as alterations -Name: Nanaimo Motors to the storefront. Location: 20 Front Street -Date: 1924 (renovated 1948) This building forms a prominent part of the Front Street heritage grouping, and is representative of the continuing development in the 1920s and 30s of automotive service related buildings on Front Street. This area was effectively Nanaimo's first "automobile strip".

Built in 1887, the Globe Hotel is a very good example of the stylistic evolution of a building over time. The original portion of the hotel was predominantly ltalianate in style with Second Empire influences evident in the mansard roof and arched dormers. The 1916 addition at the rear was fairly plain in detailing and did not actively impact the overall appearance. The 1936 north side addition echoed the building's original detailing, including a new datestone and extending its decorative cornice line. A new dimension was added with the application of multi-coloured Art Deco tilework across the front of the ground floor. Although some of the building's character was compromised by the replacement of the original windows, it retains much of its original character.

The Globe Hotel is significant because of its association with two prominent Nanaimo architects. Alexander Forrester, a local contractor and designer, drew the plans for the 1916 workmanlike addition. Typical of many men of his time, Forrester, in addition to his construction business, was -Name: Globe Hotel Location: 25 Front Street very active in civic affairs, serving both as alderman and school trustee for many years. Thomas McArravy, Nanaimo's most prominent mid-20th Date: 1887, rear addition ,913, century architect, designed the 1936 addition. Although most of the addition mirrors the architecture of the older building, it was typical of modernist - McArravy, to apply a more contemporary element, in this case the decorative tilework that runs across the entire bottom front of the building. side addition 1936 The Globe Hotel has been an important part of Nanaimo's social history for over a century. Like other hotels built during this period, the Globe provided an affordable housing option for the many single men that came to the City to work in the coalmines.

City of Nanaimo Community Heritage Register (1 1/09/07) Page 31 Tom Brown's Autobody is significant as an example of the type of building that once formed the main automotive sales and service district in Nanaimo. From the mid-1920s to the early 1960s, this section of downtown included numerous service stations, automotive parts businesses and car showrooms. In the early 1960s, automobile-related businesses were among the first to relocate to areas outside the downtown core. This exodus was part of a broader trend of commercial relocation away from the city centre and to outlying suburban areas. The building continues to house an automobile-related business.

Built in 1937, Tom Brown's Autobody building is an excellent and rare example of Streamline Moderne style in Nanaimo. This modest structure shows the influence of the new discipline of Industrial Design at a time when the automobile was becoming increasingly important in North America. Name: Tom Brown's Auto The horizontal lines and detailing of this building echo the streamlining bands found on most manufactured objects during the 1930s. The building's Body setback from the street provides an important function by allowing ample parking space in the front. Except for a few minor changes to the Location: 28 Front Street storefront, the building is very intact. -Date: 1937 Tom Brown's Autobody building is also significant for its association with Thomas McArravy, Nanaimo's most prominent mid-century architect. McArravy was responsible for a number of important Modern buildings, most notably City Hall.

Tom Brown's Autobody building is part of a grouping of historic buildings located on the only downtown thoroughfare that runs parallel to the waterfront. The rear of the building faces the waterfront and is a highly visible landmark from both the water and from the harbour walkway below.

Grand and imposing in its rugged monumentality, this structure serves as the symbol of justice in Nanaimo. Around the turn of the century, the rapidly expanding population had necessitated a reorganization of the provincial court system, and a number of new regional court houses were constructed.

Built from 1895 to 1896, the Nanaimo Court House is a very striking and superior example of Richardsonian Romanesque architecture, which was favoured for major public buildings of this period. The building features the rough-dressed masonry and prominent round arched openings typical of this style. The picturesque roofline is highlighted with a slate covering and intricate copper ornamentation. A plain 1957 addition at the rear of the building does not actively infringe on the original building's character. This exceptional building marks the height of the architectural grandeur of the Name: Nanaimo Court House Late Victorian era. Location: 31-35 Front Street -Date: 1895-1896 The Nanaimo Court House is significant because of its association with Francis Mawson Rattenbury, British Columbia's premier institutional architect of the late 19th and early 20th centuries. Rattenbury also designed the Nanaimo and Nelson Court Houses, the provincial Parliament Buildings and numerous other residential and institutional buildings. This building, and the Nelson Court House, represented a continuation of Rattenbury's interest in the picturesque eclecticism of the Late Victorian era.

The Courthouse's location on a major street facing the waterfront and its height and substantial mass also make it a very prominent landmark.

The Nanaimo Court House is the premier symbol of early provincial government presence in Nanaimo. Replacing an earlier wooden Court House, this expensive and sophisticated building projected provincial authority and power and, at the same time, signaled Nanaimo's nascent function as a regional centre.

The Nanaimo Court House is also significant because of its siting on the lot. The mid-block location was an unusual choice, as most courthouses were given a prominent corner location. To increase the formality of the design and the presence of the building, the building is set to the rear of the sloping site. This position allowed for a gracious landscaped plaza at the front.

City of Nanaimo Community Heritage Register (1 1/09/07) Page 32 The Nanaimo Post Office and Federal Building is significant as the premier symbol of the federal government's presence in the Nanaimo district. As early as the 1870s, a federal building has been located at this site. This lengthy occupation has demonstrated, symbolically and tangibly, federal

Location: 54-66 Front St.

of the community's earliest European social and economic development.

The Bastion, built between 1853-1855, is the only known remaining freestanding tower structure built by the Hudson's Bay Company. As such, it is a unique example of a defense fortification built by a company that played a major role in Canadian history.

The Bastion's unusual octagonal shape and high visibility from both land and sea make it Nanaimo's premier landmark.

The Bastion represents British Columbia's earliest case of historic preservation and is an important example of the changing approaches to heritage conservation. It originally stood on the other side of Front Street, and was moved in 1891 after its original site was sold. In 1974, it was moved to its present location in another preservation effort. The building's environmental context, overlooking the harbour, has never changed. During the settlement's early history, the Bastion represented a beacon of civilization in the wilderness, and provided the focus for social and economic growth in the new community. Now used as a museum, it has been a continuous part of Nanaimo's history, and remains a source of pride Location: 98 Front Street to the city. The Bastion is a municipally designated heritage site, and is listed on the Canadian Register of Heritage Properties.

Behind the Bastion a flight of steps leads down to the spot where the "Princess Royal Pioneers" landed in 1854 after a six month's voyage around Cape Horn. The site is marked by a cairn and plaque on Pioneer Rock.

James Young owned a local general store. Early in the history of the city he was active in the fledgling labour movement. The Calvin Ewing Knights of Labour, Local Assembly 3017 was the first Knights of Labour local in British Columbia, and the focus of union activity north of Victoria; Young signed the notice for their first meeting at the Foresters' Hall in January of 1884. Young later served on Nanaimo City Council in 1910 and 1912- 1916, and 1919. Young acquired this property by 1888 from the Vancouver Coal Company, and is listed as resident by 1891; the house may have been built at that time or slightly later. Set close to the intersection of Finlayson and Fry Streets, this prominent house, is a well-preserved example of a Late Victorian residence. An open verandah is set into the front corner of the L-shaped floor plan, and the projecting front semi-octagonal bay is decorated with scroll-cut panel work. The windows have segmental arched tops, and those on the second floor have decorative sill aprons. Carpenter ornamentation has been lavished on the front gable screens and the elaborate verandah balustrade. Vertical emphasis is provided by the -Name: Young Residence tall corbelled brick chimneys. The original front door retains its sidelight and transom panels. Location: 102 Fry Street -Date: 1890

City of Nanaimo Community Heritage Register (1 1/09/07) Page 33 Building in 1912, the Girvin Road Residence is a very good example of an Edwardian bungalow. The building displays many of the features typical

Location: 797 Gi~inRoad

"house fenced and cultivated" existed on this site as early as 1875, the first year that assessment records were kept. The first owner was Nicholas Jones. By 1877, Joseph Bevilockway is listed as the owner. Joseph and his wife Ann, both of Staffordshire, England, came to Nanaimo in 1854 aboard the barque "Princess Royal." Joseph built numerous buildings for the Vancouver Coal Mining and Land Company and at least two residences for his own family. The family later moved to Newcastle Townsite.

Although the house has been renovated and now features a new roof, modern siding and a small porch at the rear, it remains a good example of early, vernacular worker's housing typical of this Nanaimo neighbourhood.

A house existed on this site as early as 1875, although it is unclear whether this is the house. According to the assessment records John Caulfield and Thomas Zealand were the original owners of this property. The property was later owned in the 1880's by John Hilbert, an undertaker and furniture maker who was also mayor in 1891. However, it does not appear that Hilbert lived at this address.

This building is one of the earliest surviving examples of a vernacular workers cottage (or miners' cottage) located in Nanaimo. This residence retains the basic form of a miner's cottage with a side gable roof, extended back addition and front porch typical of the housing form.

Located prominently to Haliburton Street this is a relatively intact reminder of the type of housing that once dotted this area of Nanaimo and provided housing for the miners' and their families. Location: 111 Haliburton Street Date: Circa 1875

City of Nanaimo Community Heritage Register (1 1/09/07) Page 34 Located on a corner lot, this is a very good example of the type of early commercial buildings constructed outside Nanaimo's downtown core. It is also one of the few surviving commercial buildings located along Haliburton Street. In relatively poor condition, the basic form of the building has

Date: Circa 1876

Built around 1906, the Rowe Residence is a very good example of an Edwardian era residence. This elegant, symmetrical building demonstrates the stylistic shift from the picturesque asymmetry of the Late Victorian era to the rigid formality that was favoured in the Edwardian era.

The Rowe Residence is significant for its association wit the Malpass family. This house was built for Mary Ann Malpass Blundell Rowe, the daughter of John and Lavinia Malpass. The Malpass' arrived in Nanaimo in 1954 after a lengthy voyage from England aboard the barque Princess Royal. Although there were settlers here before the arrival of the Princess Royal families, the latter are typically celebrated in an annual public ceremony that marks their historic arrival. Mary Ann eventually sold the business to her nephew James Malpass, who renamed it Malpass & Wilson, thus reinforcing the association with the original Malpass family. Name: Rowe Residence

Date: circa 1906

City of Nanaimo Community Heritage Register (11/09/07) Page 35 Wallace Street Church, Rev. W.W. Bauer... As a preaching appointment it first appears on the Wallace Street Plan of January 1892. In 1893 it was separated from the Wallace Street circuit and organized as a separate circuit with a minister of its own. It was a bold stroke to take, when it was considered that only about 20 members and these transfers from the Wallace Street circuit. The first Board of Trustees consisted of James Lister, H. Streighthorst, E. Devlin, E. Rogers, T. Miles, T. Bryant. These assumed responsibility for a debt of $1,000 which rested on the building; this was, however, soon liquidated.'

'The first pastor was a young ordained man, Rev. E.V. Smith, who left at the end of his first year to attend McGill University. In the year 1894 it was Name: Haliburton Street found necessary owing to the large congregation, to enlarge the church to its present capacity. This was done at an outlay of about $1,800, and Methodist Church made provision for the seating of a choir, an enlarged auditorium, and two large classrooms in the rear. The acoustic properties are excellent and the

In an 1894 enlargement, the width of the church was extended about ten feet on each side, and an altar added. The first parsonage for the church was on Victoria Road. In 1898 Samuel Robins, General Manager of the Vancouver Coal Company, advised the Trustees to buy the property adjacent to the church, and in 1912 a new manse was built. In 1935, when the Wallace Street Church was being dismantled, the stones were purchased, and a stone wall erected around the Haliburton Street property; the $400 cost was raised by the Ladies' Circle. In 1903, continuing labour difficulties cause the Federal Department of Labour to send the Hon. William Lyon Mackenzie King, then Minister of Labour, to Nanaimo to investigate working conditions, and settle a labour dispute. He delivered a sermon at the Haliburton Methodist Church entitled 'The Young Man of

The building is a very good example of late Victorian Eclectic architecture and is one of the oldest surviving church buildings in Nanaimo. The picturesque massing typical of this style is demonstrated in the asymmetrical, gable roofed towers. Although there have been some changes to the original building, it's essential form is still intact.

The Haliburton Street Methodist Church's tall towers, large mass and location on a main street, in a predominantly residential area, make it a highly prominent neighbourhood landmark.

The Church is an excellent example of the adaptive re-use of a building. When the congregation dwindled and the building was no longer viable as a church, it was successfully converted to accommodate a variety of community uses including a first nation's health and wellness centre.

Built around 1920 for Jack Hayes, the residence is a superior example of the type of simple bungalow that proliferated in Nanaimo's working-class neighbourhoods. The form is reduced to the essentials; a hipped roof caps a rectangular plan, relieved by an inset entry porch with square chamfered columns. Otherwise minimally embellished, the coloured art glass panels used in the upper window sash provide some relief from

The building's corner location on the main thoroughfare of this neighbourhood makes it a prominent landmark in one of the city's oldest neighbourhoods.

Name: Hayes Residence Location: 703 Haliburton Street Date: Circa 1920

City of Nanaimo Community Heritage Register (1 1/09/07) Page 36 Name:Pacific Biological Station Residence Built in 1928, the Pacific Biological Station Residence is an unusual, very good example of a vernacular institutional building with Craftsman style

Triangular eave brackets provide a decorative note to an otherwise plain and functional structure. Also on the site is a small structure, probably built as a picnic shelter and now used as a bicycle shelter. It was designed in a rustic style with a concrete base clad with rounded stones and a peeled

Victorian Cottage style architecture. Although modest in size, this symmetrical cottage was enhanced with decorative panels of vertical and diagonal siding in framed insets and superior leaded windows.

The surround grounds, including an exceptionally large Douglas Fir tree and other specimen trees, reinforce the estate's ambience and are an important port of the site's value.

The Hunt Estate Cottage's location on the top of a ridge, parallel to a main highway and overlooking the harbour makes it a highly visible neighbourhood landmark.

Name: Hunt Estate Cottage Location: 925 Harbour View

Date: Circa 1890

City of Nanaimo Community Heritage Register (11/09/07) Page 37 This modernistic residence has many design characteristics influenced by the streamline moderne style. These include a horizontal building form, stucco surfaces, corner windows, and a unique curved roof entry portico. Built in 1948, this building is comparable to other modernistic residences of this era, including the Burns Residence at 755 Terminal Avenue North and the Giovando Residence at 225 Newcastle Avenue.

Although a late addition, this building formed part of the Third Chinatown grouping, and is one of the few remaining residences in this area from this

Harewood School is significant because it speaks to the direct role local coal companies played in shaping the physical and social development of the Nanaimo area. In 1884, Samuel Robins, the Superintendent of the Vancouver Coal Mining and Land Company, purchased Harewood Estates, a large parcel of land between Nanaimo and the base of Mount Benson. Robins subdivided the area into "Five Acre" farms and made them available to mining families at affordable prices. The company also determined the location of and donated the school site. Robins envisioned farming as a way for miners to provide for themselves whenever coal markets were depressed.

4, Harewood School is a very good example of a Classical Period Revival style building and the only remaining school of this style in the rea. This tall building, with its banks of symmetrical windows, its classical ornamentation and its overall austere appearance successfully uthority and regimentation, concepts that were contemporarily linked to good education.

The building is a very good example of a vernacular late-Victorian cottage with ltalianate influences. The simple rectangle form has been embellished with ltalianate style bays at the front and side. Although there have been changes to the building over time, most notably the application of modern reproduction "fish scale" shingles and wood siding over the original shingles, the essential character of the building is intact and it is very well maintained.

City of Nanaimo Community Heritage Register (11/09/07) Page 38 The Brick Cottage is an excellent example of a community preservation project. Built around 1910 as an office or storage building for a minor local coal company, the small rectangular building and grounds were converted into a residence and small farmstead in the 1920s by the Specogna Family. Over time, a frame addition and concrete milk house were added to the rear. In 1999, as part of a community preservation project, the original modest, brick building, minus the addition and milk house, was relocated to its current location to accommodate road construction. The building is currently owned by the municipality and used as an environmental and historical interpretation centre for the adjoining park.

The grounds surrounding the Brick Cottage are an integral part of the site and are an excellent example of a recreated landscape that reflects the building's original context. The original site featured several agricultural out buildings, extensive flower and vegetable gardens and an orchard. Many of these elements were recreated on the new site, including a grape arbour and other appropriate plantings and hard landscape features. Name: Brick Cottage Location: 1904 Jingle Pot The Cottage's primary value resides in its location adjacent to a popular park, readily accessible to the public as an educational and interpretive Road venue. -Date: Circa 1910-1912

Built in 1938, the Our Lady of Good Counsel Roman Catholic Church building is a very good example of Gothic Revival architecture, a popular style for churches in this period and typified by its overall vertical emphasis and pointed arch windows. The building's modest proportions and minimal ornamentation reflect its construction during the Depression.

The Our Lady of Good Counsel roman Catholic Church building is an excellent example of a community project. Built by volunteer labour, under the supervision and to the plans of parishioner Joseph Myette, the building typifies the once common methods and means of construction of public buildings in smaller communities where funding was not available for either professional plans or paid labour.

Name: Our Lady of Good The Church building is significant as an example of building preservation. Originally located in Lantzville, just north of Nanaimo, the building was Counsel Roman Catholic moved to its current location and maintained in mostly original condition, including much of the interior. Church Location: 4334 Jingle Pot Road -Date: 1938

City of Nanaimo Community Heritage Register (1 1/09/07) Page 39 The suburban ranch style is characterized by its single storey, "to the ground" character. Typically, ranchers had low pitched roofs which emphasized the form's horizontality, broad central chimneys without ornamentation, corner windows and large "picture" windows that were the centrepieces of the main rooms of the house. The suburban ranch style was the favored design in suburban tract developments from the late 1940s into the 1970s. For this reason, this house's downtown, old city location is unusual. Name: Cunningham The building is prominently oriented to Kennedy Street and forms a unique part of a larger grouping of residential buildings in the city's old city

Date: Circa 1961

full front verandah, tapered columns and scroll-cut vergeboards are typical features of this style.

Located within a grouping of superior historic buildings, the Freethy Residence speaks to the development of this area, after the turn of the 2oth century, as a middle to upper income residential neighbourhood, a comfortable distance away from the busy commercial core and adjacent mixed- use neighbourhoods.

John Freethy was a clerk at Spencer's Store. Name: Freethy Residence Location: 304 Kennedy Street -Date: 1911

Built in 1913, the Wilkinson Residence is Nanaimo's premiere example of the eclectic design trends of the Edwardian era. The Craftsman-influenced river rock foundation, Classical style porch columns and Edwardian era vertical proportions of the building are evidence of this trend. The building is further distinguished by a two-storey high rounded turret on the front fa~ade,stained glass window panels and sidelights and a roofed second floor balcony.

The Wilkinson Residence's corner location and height and mass make it a highly visible neighbourhood landmark.

The residence speaks to the area's growth, after the turn of the 2oth century, as a middle to upper income residential neighbourhood, a comfortable -Name: Wilkinson Residence distance from the busy commercial core and adjacent mixed-use neighbourhoods. Location: 305 Kennedy Street Date: 1913

City of Nanaimo Community Heritage Register (1 1/09/07) Page 40 Built in 1913, the Pargeter Residence is a very good example of a World War 1 era Craftsman bungalow, a style exceptionally popular in Nanaimo during this period. Long and low and with the front gable typical of the earliest versions of this style, the building is embellished with exceptional art glass transoms in the ground floor windows and the half-timbering in the gable ends.

The Pargeter Residence is significant as the site of two of Nanaimo's largest Chilean Pines, also known as Monkey Puzzle trees. Popular from the late 19'~to early 2oth centuries, Monkey Puzzle trees were typically used as specimen trees in front yards. The use of specimen trees marks a

insets on the front bay. The projecting entry porch as been but the half-columns still attached to the house are original.

Location: 547 Kennedy Street

City of Nanaimo Community Heritage Register (1 1/09/07) Page 41 Built in 1913, the Layer-Hall Residence is an excellent example of an Edwardian building with Foursquare and Craftsman influences. The Four square's box plan made it economical and practical to build and the simple design typifies restrained, Edwardian elegance. The Layer-Hall Residence's basic box plan is embellished with Craftsman details including large eave brackets and leaded and stained glass wooden sash casement windows. Although a rear addition alters the original square configuration, the building is substantially intact.

The Layer-Hall Residence is significant for its association with Dr. G.A.B. Hall who lived here during the 1930s and early 1940s. The long-time accident and death rates, these connections were especially significant.

Originally built for the Layer family, it later became the home of Dr. Hall. Born in Ontario, Hall graduated in dentistry from the Philadelphia Dental College and operated an office in Nanaimo from 1980-1893. He then went to Stanford University and received a diploma in medicine. For 13 years, he practiced medicine in Nelson, B.C. In Nelson, Hall served nine years as the president of the school board, one year on the City council, and three years as an MLA. Returning to the coast, Hall was hired as the physician and surgeon to the Western Fuel Company miners.

Sited in the middle of a street lined with lower buildings, the two-storey Layer-Hall Residence is a prominent neighbourhood landmark, overlooking a municipal park.

City of Nanaimo Community Heritage Register (1 1/09/07) Page 42 The Rowbottom Residence, part of a grouping of superior heritage buildings, speaks to the neighbourhoods' early status as a prestigious residential area. By the turn of the 20Ih century, Nanaimo's entrepreneurial and professional classes were moving to areas west and north of the original town site. This movement was largely spurred by the development of the huge No. 1 Coal Mine in what was once a predominantly residential area on the

The house was built for Francis (Frank) Rowbottom Jr. The Rowbottoms emigrated from their native England in the mid-1880s. Francis Sr. initially worked as a miner but eventually purchased the Union Bakery on Bastion Street. Later, the business moved to the Northwest corner of Fitzwilliam and Milton Streets. As a young man, Frank Jr. was a live-in apprentice baker at Smith & Hague's Excelsior Bakery. After his father's death in 1897, Frank Jr. worked with his mother and brothers at the family bakery. The bakery was sold to the Shelley Brothers Bakery in 1918.

Built between 1925 and 1942, the Nanaimo Hospital is a very good example of Classical Period Revival style. Based on the architecture of Ancient Greece and Rome, Classical Revival was one of the most widespread styles in North America from the late 1880s to the early 1900s, especially for churches and public buildings. The Nanaimo Hospital's Greek Cross form and minimal ornamentation are typical elements of this style. The building's overall austere and institutional appearance, appropriate for the serious nature of providing medical services, symbolizes tradition and authority. Although there have been some alterations and additions over time, the essential form and character of the building remains intact.

The Nanaimo Hospital building represents the City's complex history of medical services and speaks to the on-going challenge of providing

Location: 388 Machleary St. until 1942 because of funding problems. In 1962, a new hospital was opened at another site. The Nanaimo Hospital Building has since been -Date: 1925-1928 adapted for other uses. The Nanaimo Hospital is significant for its association with Alexander Ernest Henderson, best known, in partnership with George W. Grant, for the design of the Vancouver City Hospital (now known as the Heather Pavilion) of Vancouver General Hospital in 1903. Lbcally, Henderson also designed the Freemason's Ashlar Lodge.

The Nanaimo Hospital building is prominently located at the brow of a long, gentle slope that rises from the waterfront. It's height and mass, especially in relation to the much smaller buildings adjacent to it, make the building a highly visible landmark.

City of Nanaimo Community Heritage Register (1 1/09/07) Page 43 Built in 1952, the Hitchen Residence is a very good example of early ranch house design and displays many elements typical of the style including a long and low profile, rock trim on the exterior, a low-pitched roof, large picture windows and deeply overhanging eaves. The street-facing porch, so popular in earlier bungalows, is replaced here by a discreet entryway and street facing garage, another typical Ranch style element. Inside, the original highly coloured bathroom tiles and fixtures, airy living areas and intact kitchen are delightful reminders of the "modern" decade.

Arthur Hitchen Jr. built this house in 1952 for his widowed mother, Ethel. Born in Nanaimo in 1896, Ethel was the granddaughter of merchant John Hirst and the daughter of merchants Frank and Louisa Hirst Rogers. Ethel married Arthur Hitchen, also a merchant. Arthur died in 1938 and Ethel appears to have lived with her son's family until this house was built. Ethel was a schoolteacher for many years and an active member of St. Name: Hitchen Residence Andrew's United Church and the Business and Professional Women's Club. She died in 1970. Location: 395 Machleary St. -Date: 1952 The Hitchen Residence is part of a grouping of superior heritage buildings, located in one of the city's oldest neighbourhoods adjacent to the downtown core.

Built in 1916 for W.S. and Clara Parrot, the Parrot Residence is a very good example of an Edwardian era bungalow. Common elements include an open front verandah inset under a projecting second storey front gable, supported by square chamfered columns. Other common features of this housing style are a simple, square building form, and a cross-gabled roof, with hip returns in the gable ends. The building is substantially intact.

The Parrot Residence is significant as an example of the type of superior housing, both in design and construction, that typifies this neighbourhood. By the turn of the 20"' Century, this area was established as a middle to upper income residential neighbourhood a comfortable distance from the busy commercial core and adjacent mixed-use neighbourhoods.

Located on a sloping lot with sympathetic modern plantings and an excellent view of Harewood, the residence is part of a grouping of heritage buildings in one of the City's oldest neighbourhoods, adjacent to the downtown core. -Name: Parrot Residence Location: 41 1 Machleary Street -Date: 1916

Name: Rowley Residence Location: 426 Machleary St.

City of Nanaimo Community Heritage Register (1 1/09/07) Page 44 A very good example of an early vernacular worker's cottage, the Meredith Road Residence, built around 1900, represents the Nanaimo area's predominant housing form from around 1900 to 1920. Inexpensive to build, the typical worker's cottage features a simple square plan, pyramidal

siding has been used as cladding, and leaded patterned glass has been used in the front windows. The mature landscaping provides an appropriate setting, and features a large Walnut tree.

substantially intact and very well maintained. The Newbury Residence represents an architectural style that was extremely popular with Nanaimo's middle class during this period.

Arthur Newbury first appears in local records in 1909 as a miner for the Western Fuel Company. In 1921, he received his 1"' Class Certificate of Competency, a requirement to become a coal mine official. From 1921 - 1926, he managed the Harewood Mine and from 1927-1935, he was the manager of the No.1 Mine. Around 1937, he moved to 103 Milton Street where he lived until his death in 1952 at the age of 67. Name: Newbury Residence Location: 39 Milton Street

City of Nanaimo Community Heritage Register (11/09/07) Page 45 Built by local contractor Levi Chester Young, the Young-Pargeter Residence was acquired in 1913 by James T. Pargeter, an auto mechanic and later, engineer for the Canadian Western Fuel Company. Born in England in 1862, James arrived in British Columbia in 1876. He married Sarah Lee in 1893. James did not live in this house and it is likely it was built as an investment property. James appears to have lived in Five Acres (now Harewood) for most of his life.

The building is part of a significant concentration of heritage buildings located in one of the City's oldest neighbourhoods, immediately adjacent to the downtown core.

Location: 45 Milton Street

shaped plan has an overall restrained appearance that is enriched by carpenter ornamentation including scroll-cut eave brackets and contrasting tongue-and-groove in detailing in the front gable and along the eave lines. A major rear addition in the 1970s does not significantly impact the overall appearance of the house.

The Wilton-Welch Residence is significant as the site of Nanaimo's largest identified Catalpa Tree, commonly referred to as an Indian Bean Tree after its prominent seed pods. The tree's great height and mass and it's location at the front property line make this site a very prominent neighbourhood landmark. Name: WiltonNVelch The residence is part of a grouping of significant heritage buildings in this section of one of Nanaimo's oldest neighbourhoods. Location: 129 Milton Street -Date: 1903 Sarah and Alfred Wilton acquired this property in 1902, and the house is believed to have been built in 1903. Albert and lsabella Welch and their children arrived in Nanaimo in 1908. Albert purchased a farm in the Wellington area, raised animals for the fur trade and opened a feed business in Nanaimo, originally sited opposite the Esquimalt and Nanaimo Railway station. This site was later exchanged by the Railway Company for another lot further down Selby Street located near the Railway tracks. Around 1912, the Brackman-Kerr Milling Company bought out his feed business. Albert and his youngest son Lance opened the Welch &Welch Confectionery at the corner of Bastion and Skinner Streets. Later, they moved the business a few feet East on Bastion Street into one of the storefronts of a more modern brick building by the Commercial Hotel. Lance died in 1921 and Albert sold the business shortly after. Albert continued to raise animals for the fur trade at the Wellington farm but lived in the City at 129 Milton Street. The fur trade failed in the Depression years and Albert decided to retire. During the late 192Os, he served on the City Council and was the Police Commissioner for a time. After Isabella's death in 1939, Albert moved to Lethbridge, Alberta and lived with his son Albert V.E. Welch. The house remained in the family. Albert returned home to Nanaimo in 1947 and lived with his daughter Jaunita and her family until his death in 1953.

City of Nanaimo Community Heritage Register (11/09/07) Page 46 of the Commercial Hotel, died. She later married William A. Wood, Nanaimo Station Master. Wood had come to British Columbia in 1882 to represent the Dominion Government when it loaned equipment to build the C.P.R. William Wood died in 1934; Sarah lived in the house until her death at the age of 90 in 1954. The exact date of construction of this house is unknown, as early Assessment Records record only land value, not the amount of improvements. It is known, however, that John Wilcox lived at this address at the corner of Milton and Wentworth Streets before he died. The charming Late Victorian cottage appears to date from approximately 1896. This was the era when steam-driven band saws allowed for the extensive use of scroll-cut carpenter ornamentation, of which this house is a splendid example. In addition to intricate eave brackets, there is an elaborate balustrade with shaped handrails, carved newel posts, and turned columns.

33 Milton Street

Built around 1902, the Ledingham Residence is a very good example of vernacular, transitional style -from Late Victorian carpenter ornamentation to Edwardian symmetry and boxiness. The building displays some unusual features. The symmetrical massing is emphasized by twin projecting front bays on the ground floor that are joined by a continuous hip roof to form a covered porch over the central front entry. Decorative fish-scale shingling is used in the front gable.

The Ledingham Residence is significant as one of a few su~ivinghistoric buildings in this immediate area that recalls it's early identity as a prestigious residential neighbourhood. Over time, other single-family residences in the area were replaced with apartment blocks, multiple-family housing and institutional buildings. Name: Ledingham Residence The residence's height and strong and unusual fa~adedesign make it a neighbourhood landmark.

City of Nanaimo Community Heritage Register (11/09/07) Page 47 This attractive Late Victorian home is one of the few suwivors in what was previously a toney residential area. Tall and imposing in massing, with a high roofline, the house features a cross-gabled roof. Drop siding is used for the ground floor cladding, with bell cast shingling above. The corner entry porch is supported on a single turned column. Coloured glass insets still exist in the corners of some of the second floor windows. The interior staircase, with its elaborate balustrade is still intact.

The property at 84 Esplanade on which the building was originally located was acquired from Angus McKenzie by Captain Peter M. Land in 1888. Land, a master mariner, is listed as living here the following year; the house was either built at this time, or at a slightly later point during Land's ownership. Name: "Fernville" The Land Residence By 1905 the house was acquired by Mrs. C. E. Barton of Vancouver, and by 1908 was owned by the E.G. Cavalsky family. Edward George Location: 1002 Milton Street Cavalsky was born in Denmark, and came to Victoria in 1880, where he lived for six years, employed on the coast boats. In 1886 he moved to -Date: Circa 1889 Nanaimo, and opened a grocery business, and after a varied career, went into insurance and accounting. Cavalsky sewed on Nanaimo City Council for 17 different terms, starting in 1908; he also joined the fire department in 1888, becoming the secretary in 1895. Cavalsky married Laura Gilbert in 1887 - she had arrived in Nanaimo with her family in 1874. By the time of their Golden Anniversary in 1937, they were considered "one of Nanaimo's best known and most beloved pioneer couples".

The building was relocated to nearby 1002 Milton Street in 2007 as part of a consewation initiative initiated by the property owners and supported by the local neighbourhood. Also relocated was the name of the house set in blue tile in the entrance sidewalk at 84 Esplanade.

Robins' Gardens are named after Samuel Robins, the Vancouver Coal Company Mine Superintendent from 1884 to 1903. Robins revitalized the Vancouver Coal Company after years of decline and developed good relationships with labour. Robins was also an avid gardener who collected plant specimens from around the world. In addition to the varied and exotic plantings on this site, Robins planted poplars and holly trees throughout the Harewood area. His 18 room home and grounds, complete with gazebo, fishpond and rose garden, have long since disappeared. In addition to Robins, John Bryden, Mine Manager and son-in-law of Robert Dunsmuir, and Dr. Daniel Cluness, Colliery Surgeon, also built homes here. Before 1900, this area was the "upscale" part of town and featured most of Nanaimo's elegant homes. By 1930, the Western Fuel Corporation owned the entire property and no buildings remained. During WWII, at least 6 auto courts were built in Nanaimo in response to the rising popularity of automobile vacations. The Evergreen Auto Court was built on this site by Ole Andrew Buck.

the original character of the area.

The Galbraith Residence is part of a significant grouping of heritage buildings in this neighbourhood.

164 Mount Benson

City of Nanaimo Community Heritage Register (11/09/07) Page 48 The Van Houten Residence is part of a significant grouping of heritage buildings in this neighbourhood.

This house was likely built by Hiram Woodward, a carpenter, for his family around 1900. By the 1930s, Victor Harrison had purchased the property. Harrison was a lawyer and also served as mayor of Nanaimo from 1925-26 and from 1938-44. In his role as a "Native Son", he was responsible for the creation of Petroglyph Provincial Park. Harrison was also involved in preserving the Nanaimo Bastion and its historical collections. Harrison is best known, however, for his role in bringing the notorious cult leader Brother XI1 to trial.

This simple residence was originally constructed in the late Victorian style popular at the end of the 19Ih Century. Prominently located in a cluster of older homes facing onto the harbour, the house commands an excellent view of the harbour, Newcastle and Protection Islands, and is a reminder of the Newcastle Townsite's early prominence as an exclusive neighbourhood for Nanaimo's well-to-do. Name: WoodwardlHarrison

The design of this modernistic house is balanced through the use of single storey wings to each side of a two storey block with a hip roof. A curved second floor balcony with pipe railings covers the inset front entry. The living room window is inset with curved reveals. The site has been beautifully landscaped to complement the house, including planted flower beds, a gracious front lawn, and a large mature cedar tree.

The GiovandoMlestwood Residence is associated with two prominent Nanaimoites. The Earle Westwood family lived in the building in the 1950s and 1960s. Descended from one of the area's pioneer families, Westwood was mayor and Nanaimo's representative in the provincial legislature in the late 1950s. The building is also associated with Dr. Larry Giovando who resided here during the 1970s and early 1980s. Giovando was a highly regarded doctor and community leader and twice Nanaimo's representative in the provincial legislature from 1952-1956. estwood/Giovando The Residence's waterfront location, exceptional condition and its unusual style make it a highly prominent landmark.

City of Nanaimo Community Heritage Register (1 1/09/07) Page 49 Built in 1893, the Nanaimo Fire Hall No. 2 is a very good example of Victorian ltalianate architecture, one of the most popular 19th century styles. The fortress-like crenellated roofline is particularly appropriate on the fire hall, a widely recognized symbol of protection. The large doors at the front lower level were designed for easy access for the fire company's horses and equipment. Similarly functional, the concrete hose tower, added to the rear of the building in 1914, allowed for the efficient drying of fire hoses.

The Nanaimo Fire Hall No. 2 speaks to the continuing growth and maturity of the City. Although a volunteer fire brigade existed before the construction of the Fire Hall, this substantial and expensive building, whose construction costs were raised through subscription, indicates community commitment to efficient, modern service and faith in the City's future.

Located on a narrow triangular lot between two main thoroughfares and at a major intersection, the Fire Hall is an important downtown gateway building and a highly visible landmark. Name: Nanaimo Firehall #2 Location: 34 Nicol Street

The Northfield School building is significant as one of few remaining early buildings in an area that, until amalgamation with the City of Nanaimo in 1975, was a distinct community. Originally developed as a coal mining town in the late 19Ih century, Northfield enjoyed a brief resurgence as such in the late 1930s. In addition to coal mining, small-scale farming, dynamite manufacturing and other businesses were developed. Amalgamation and development between separate coal towns eventually blurred the distinctions among them. Northfield School serves as a physical reminder of the area's original development as a distinct community.

Built around 1920, the Northfield School is a very good example of Department of Public Works school designs of this era. Typical elements of this style include a central front entry, ground level first floor and banks of windows in the upstairs classrooms. Minor alterations over time have not Name: Northfield School altered the essential form or overall appearance of the building. Location: 2249 Northfield Road Date: Early 1920s The Northfield School's height, mass and location on a main thoroughfare make it an important neighbourhood landmark.

Built around 1950, the McCannel Residence is a very good, early example of the popular post-WWII Suburban Ranch style. The influence of architect Frank Lloyd Wright and Japanese architecture is very apparent in the design. The building displays many elements typical of this style including low pitched roofs which emphasize the form's horizontality, broad central chimneys without ornamentation, asymmetrical fa~ade,exposed trusses, attached garage, linear window rows, and brick exterior. The Suburban Ranch style was the favored design in suburban tract developments from the late 1940s into the 1970s.

Date: Circa 1950

City of Nanaimo Community Heritage Register (1 1/09/07) Page 50 This beautifully detailed Craftsman bungalow is set in a gracious landscape. Mature trees provide a complementary setting, which is at the crest of a hill that slopes away to the west. An extensive stone wall at the front property line echoes the stone foundation, verandah columns and stair walls. Twin-coursed shingles have been used as cladding, and bevelled glass is used as a decorative feature on the main floor.

In 1945 the house was converted to suites under the Housing Conversion Plan, meant to provide additional housing during wartime. The house and site have been well-maintained; the main alterations have been the replacement of some original windows, and the partial enclosure of the front

The house was built by its original owner, Walter Clements. Based on information available, it appears that Clements has no specific historical significance, nor does the building represent any particular historical trend.

The residence is located on sloping topography forming the dividing line between two significant older City neighbourhoods - the Old City Neighbourhood to the east and the Harewood neighbourhood to the west. The residence is part of a concentration of heritage buildings in one of the City's oldest neighbourhoods, immediately adjacent to the downtown core.

Name: Clements Residence

City of Nanaimo Community Heritage Register (1 1/09/07) Page 51 The Harrison Residence is a rare surviving example of the type of prestigious housing that predominated in this area, known as Nob Hill, from its first development around 1870 until around 1910. Here, the city's commercial and professional elite built substantial homes, many of which featured excellent harbour views. By the early 20Ih century, Nanaimo's middle class were relocating to areas further north and west, away from the city centre. Today, the neighbourhood is a mix of apartment buildings, boarding houses and single family houses and has lost much of its upscale character, but surviving early residences, such as this building, testify to the original nature of the area. Location: 546 Prideaux The residence is associated with a succession of prominent Nanaimo citizens. Built for Judge Eli Harrison, the house was subsequently owned by the Honourable Dr. R.E. McKechnie (Member of the Provincial Parliament, President of the Provincial Executive Council and doctor for the Coal Company), Dr. James Hogle who operated a ladies hospital from the house and much later, by Shelby Saunders, a prominent businessman and real estate developer, who opened the Pygmy Pavilion as a dance hall. The hall was popular with soldiers stationed here during W.W.11, and Saunders broke his house up into suites for some of the soldiers' wives. Between the wars, this house became a boy's residential and day school, known as St. George's On-The-Hill. It was modelled on an English style boys' school, with a number of boarders whose families were travelling; for some, it was an alternative to jail.

Built around 1907 and renovated around 1913, the Jones Residence is a superior, sophisticated example of Craftsman style architecture and ornamentation. The house appears to be the result of the renovation of an earlier house on the site. The original part of the house, now clad in twin- coursed shingles, has an open front verandah, with tapered columns and an arched opening. The addition to the north has a projecting semi- octagonal bay at the front. Throughout the ground floor bevelled glass transoms have been used in the casement windows. Pointed verge boards and exposed rafter ends are also hallmarks of the Craftsman style. The house has now been duplexed but its essential form remains intact.

The Jones Residence is a rare suwiving example of the type of superior housing that predominated in this area, known as Nob Hill, from its first development around 1870 until around 1910. Here, the city's commercial and professional elite built substantial homes. By the early lgthcentury, Nanaimo's middle-classes were relocating to areas further north and west, away from the city centre. Today, the neighbourhood is a mix of apartment buildings, boarding houses and single-family houses and has lost much of its upscale character but surviving early residences such as this building testify to the original nature of the area.

porch is supported on square columns. The plantings provide a sympathetic setting, including large mature holly bushes. The house has been very well maintained.

Location: 1343 Quinn Lane

City of Nanaimo Community Heritage Register (1 1/09/07) Page 52 Location: 746 Railway Avenue

Harewood Estates, a large parcel of land between Nanaimo and the base of Mount Benson. Robins subdivided the area into "Five Acre" farms and made them available to mining families at affordable prices. Robins envisioned farming as a way for miners to provide for themselves whenever coal markets were depressed. The experience of William Newbury, who built this home, illustrates Robins' concept in application. William Newbury and his son were alternately miners and nurserymen, at one time operating a florist shop in downtown Nanaimo.

William Newbury, a miner, lived here as early as 1909. In 1912 he and his son William Jr. are also listed as florists and nurserymen, with a shop on Commercial Street. By 1925, William was again listed as a miner, and his son as a rancher.

Due to its mass, this building forms a prominent part of the Selby Street streetscape and is a visual reminder of an area abutting the railway that formed one of Nanaimo's earliest industrial zones.

Location: 241 Selby Street Construction Date: 1911

City of Nanaimo Community Heritage Register (1 1/09/07) Page 53 John King Gilbert, a native of Cornwall, England, died in Nanaimo on October 25, 1876. After his death, Gilbert's widow Mary Jane, also from Cornwall, became the Proprietor of the Temperance House, a boarding house at the corner of Bastion and Skinner Streets. Mary Jane built this charming Victorian cottage, and lived here until her death in 1898 at the age of 60. Her son John King Gilbert, originally a trader on the Naas River and later a machinist, continued to live here, later moving to Vancouver, where he died in 1926 at the age of 64. Her daughter, Laura, married E.G. Cavalsky and was Nanaimo's first telephone operator. in 1904 the house was acquired by A.E. Mainwaring.

This Late Victorian cottage survives mostly in its original configuration (a second floor was removed), and is one of the best surviving examples of this type of house in Nanaimo. Square and symmetrical in design, with a central front entry, it is covered with a pyramidal roof that extends over the paired front bays to form a small porch. The front bays display decorative cawed brackets at the eave line. The front door is original, with arched top panels, and retains its sidelights and transoms. The Gilbert Residence still sits on its original large property, with many mature shrubs and landscape features typical of the period, including variegated hollies. One of the most remarkable features is the unique wrought iron front gate and gateposts, -Name: Gilbert Residence manufactured by the Stewart Company of Cincinnati, Ohio; decorative cast metal was generally removed from older houses during the Second Location: 279 Selby Street World War as a result of 'scrap metal drives'. -Date: 1893

The Esquimalt and Nanaimo Railway Station is significant because of its association with the British Columbia confederation controversy. The railway was completed as a "consolation prize" from the federal government after it broke its promise to make Victoria the western terminus of the transcontinental railway. This breach led to threats of British Columbia's secession from Canada. Further controversy was fuelled when money and land for the railway were given to Nanaimo coal baron Robert Dunsmuir, already one of the province's richest men. In 1886, the Esquimalt and Nanaimo Railway opened with the local station being built at this site.

During the 1880s, the completion of the railway and the simultaneous expansion of the huge No. 1 Coal Mine precipitated an economic boom that almost doubled Nanaimo's population and created a consequent demand for more housing and commercial services. The Station represents the -Name: Esquimalt & Nanaimo commercial and residential development of a hitherto undeveloped area as a direct result of the siting of the station on Selby Street. Railway Station Location: 321 Selby Street Built by the Canadian Pacific Railway Company in 1920, the Nanaimo Station, which replaced the earlier building, exemplifies the form of station Date: 1920 built in mid-sized communities across Canada in the early 20th century and can be seen as an early example of corporate branding that visually tied - Nanaimo to the rest of the CPR empire. The Nanaimo station appears to be a more elaborate version of CPR Standard Plan No. 9., a "combination station" that included living quarters and commercial space. The station house's most distinctive feature is its central square tower. In addition to providing an attractive visual element, the tower's projecting bay served a useful function by giving an unobstructed view of the track. Although there have been some changes to the building over time, it remains substantially intact and continues to serve its original function.

The Esquimalt and Nanaimo Railway Station has been in continuous use since 1920 and continues to provide transportation service to Vancouver Island. This historic structure was designated a Municipal Heritage Site on December 19, 1977.

City of Nanaimo Community Heritage Register (1 1/09/07) Page 54 The Manson Residence is a very good example of the stylistic evolution of a building over time. The original part of the house was a typical, modest Nanaimo worker's cottage, built between 1885 and 1887. The worker's cottage form is still clearly visible at both sides of the house. Subsequent renovations include the addition of a full front verandah with front gable and late-Victorian posts and a large rear addition. Although modern metal windows and doors have been introduced, the essential character of the building remains intact and the building is well maintained. Name: Manson Residence Location: 471 Selby Street Date: 1885-1887

This Craftsman bungalow was built for John Beck, a blacksmith for the Western Fuel Company. By 1921 the lot was subdivided from a larger property owned by William M. Langton, in the Nob Hill area. Typical of the Craftsman style, the house has scroll-cut vergeboards, pointed and exposed rafter ends, triangular eave brackets, and tapered porch piers. Twin-coursed shingles clad the gable ends and the foundation skirting, while the main floor is clad with lapped horizontal wood siding. Stained glass panels have been used in the window transoms, and a prominent tapered chimney provides a strong vertical element. The lot has mature shrubs and fruit trees, and an early concrete perimeter wall with concrete driveway

: Beck Residence

shapes, ornate ornamentation, uced decorative trim work. In either removed or obscured by

The Sullivan Residence is part of a significant grouping of heritage buildings in an area that, in the late 19Ih century, was one of Nanaimo's most

Date: Circa 1892

City of Nanaimo Community Heritage Register (1 1/09/07) Page 55 Perched at the top of a steep cliff, the highly visible Reid House is an important neighbourhood landmark.

Name: Reid Residence Built in 1921, the Reid House is a very good example of the late Craftsman style. The Reid House has many of the features typical of this style Location: 151 Skinner including finely crafted wood detailing.

Built in 1889, the Palace Hotel is a very good example of the ltalianate style, one of the most popular nineteenthcentury architectural styles in North America. The Palace Hotel was one of the earliest of the new type of hotels that was built during this era. It's marks the beginning of a transition from the City's early rough, pioneer type architecture to a more refined and elegant style. Although there have been numerous renovations over the years, the building retains much of its original character.

The Palace Hotel represents the economic boom that was generated by the completion of the Esquimalt and Nanaimo Railway and the expansion of the No. 1 Coal Mine in the 1880s. This handsome, ornate brick building speaks to the mood of prosperity and possibility prevalent at the time.

Name: Palace Hotel

exposed rafter ends are other hallmarks of the Craftsman style. The Johnston Residence is substantially intact.

The Johnston Residence is a rare surviving example of the type of prestigious housing that predominated in NewcastleTownsite from its first development just after 1900 until the 1940s. Separated from the rest of the Nanaimo by the Millstone River, Newcastle Townsite quickly became an exclusive residential suburb for the city's commercial and professional elite. Today, the neighbourhood is a mix of commercial buildings, apartment

Located on a narrow lot bounded by a main thoroughfare and the waterfront, the Johnston Residence is a highly visible neighbourhood landmark.

City of Nanaimo Community Heritage Register (1 1/09/07) Page 56 its newly built English Cottage style neighbours.

The residence is the earliest known surviving residence in the Newcastle Townsite neighbourhood. Records indicate that Daniel Galbraith, the foreman at the Nanaimo (Haslam's) Sawmill, lived at this site in the early 1890s. Within a few decades, Newcastle Townsite had developed into Nanaimo's most exclusive residential neighbourhood, home to many of the City's commercial, managerial and professional elite. Today, the neighbourhood is a mix of commercial buildings, apartment buildings and single family housing. Surviving early residences such as this building provide important evidence of the original genteel character of the area.

Date: Circa 1890 Located on a corner lot on a major thoroughfare, the residence is a highly visible neighbourhood landmark.

The Sioan/lsaacson Residence is an excellent example of the English Cottage Style that was very popular in Nanaimo during the interwar period. Design features representative of this style include the asymmetric floor plans and rolled eave roof treatments, designed to simulate the appearance of thatch. Other notable design features include jerkin-headed and steeply pitched gable roofs and early use of rough stucco siding.

are important evidence of the original genteel character of the area. The low stone and concrete fence and cut stone gatepost, the latter a remnant "Eldovilla", further reinforce the genteel character of an earlier era.

Prominently located at the corner of Stewart Avenue and Mt. Benson Street, this residence formed part of a larger concentration of heritage buildings comprising the Newcastle Townsite and is a highly visible neighbourhood landmark. The building is surrounded by mature, sympathetic landscaping which features a row of mature Copper Beech trees located on the adjoining Mt. Benson Street right-of-way.

City of Nanaimo Community Heritage Register (1 1/09/07) Page 57 Built in 1914, Hoggan's Store is a very good example of a vernacular Edwardian Commercial style building. This restrained, symmetrical style was very popular after the exuberant eclecticism of the Victorian era. The building is substantially intact.

Hoggan's Store is significant because it was, for many years, the only commercial building in Newcastle Townsite. Its presence is a tangible reminder that this area was, from its initial development in the early 1900s to the 1960% a prestigious, almost exclusively residential neighbourhood. Today, although the neighbourhood is a mix of commercial buildings, apartment buildings and single-family houses, the surviving early residences and this building are evidence of the original character of the area.

Due to its corner lot location, Hoggan's Store has a prominent street presence and is a highly visible neighbourhood landmark. Name: Hoggan's Store Location: 404 Stewart Avenue -Date: 1914

Built around 1921, the Stephens' Residence is an excellent example of a late Craftsman-style residence. The house features typical Craftsman-style elements such as triangular eave brackets, tapered porch piers, exposed rafter ends and twin-coursed shingles.

Although the house was built earlier, the first known residents were John "Jack" and Sophia Stephens who moved here in the mid-1930s. Born in Cleveland, Ohio in 1893, Jack came to Canada in 1913. For many years, Jack worked as an accountant at Nanaimo Motors and at Canadian Collieries (CCD) Ltd. A founding member of the Nanaimo Yacht Club and a Past Commodore, Jack was also a member of the Ashlar Lodge. The Stephens lived here until the 1970s. Jack died in 1971, Sophia in 1980.

The Stephen's Residence is part of a group of historic buildings in one of Nanaimo's oldest neighbourhoods, just north of the downtown core. The building's location on a major thoroughfare makes it's a well known neighbourhood landmark. Name: Stephens' Residence Location: 505 Stewart Avenue -Date: Circa 1921

g/ g/ .. This building housed a variety of commercial ventures in the 1940s and 50s including a grocery store, cafe, plumbing sewice and warehouse. The building style suggests that it was built circa 1920 but no records exist to confirm exact construction date.

The building is a very good example of a simple vernacular interwar commercial structure. As a result of a major renovation initiated in 1991 the building's wooden siding was replaced and roof parapet restored.

Along with Hoggan's Store located at 404 Stewart Avenue, this building was one of the few early commercial buildings located in the predominantly residential Newcastle Townsite. The building is located flush with the adjoining Island Highway on a prominent corner lot. -Name: Galloway Building Location: 405 Terminal Avenue N. Construction Date: Circa 1920

City of Nanaimo Community Heritage Register (11/09/07) Page 58 Built around 1945, the Wardill Residence is one of the best provincial examples of the Streamline Moderne style. This historic style shows the influence of the new discipline of Industrial Design. The horizontal lines and detailing of this building echo the streamlining bands found on most manufactured objects during the 1930s, including radio cabinets, cars, trains and ocean liners.

The building's height and mass, unusual architecture, and its location on a curve on a major thoroughfare, make it one of the city's most recognizable landmarks,

The residence is a tangible reminder of this neighbourhood's earlier character as an upscale, semi-rural, residential neighbourhood. When built, the Name: Wardill Residence house was part of a grouping of prestigious homes that lined this section of the road. By the late 1960s, the neighbourhood was becoming Location: 755 Terminal increasingly commercial and the area lost much of its previous exclusive residential status. Avenue North

construction, built on nine acres of land far from the city centre. Although the area has since become densely populated, the rustic Williams Residence and surrounding mature landscaping testify to the area's earlier remoteness and country character.

The Williams Residence is significant for its association with Nanaimo native Dr. Seriol Williams. Active in the Nanaimo Historical Society, the Boy Scouts organization, the Nanaimo Horticultural Society and the Nanaimo Field Naturalists, Williams is best remembered for helping to establish Beach Estates park, a municipal wildflower sanctuary built partly on the site of Williams' property. Name: Williams Residence Location: 40 Thetis Place Date: Circa 1938

City of Nanaimo Community Heritage Register (11/09/07) Page 59 The sole farm acreage in an area of single-family dwellings on small lots, the Five Acres Farm is a highly visible and well-loved community landmark.

Built around 1898 for G.L. Schetky, an insurance agent and U.S. Consul, the Schetky Residence is an excellent example of a transitional Late VictorialEdwardian style bungalow. The square-plan house has a central front entry with square chamfered columns, and a bellcast pyramidal roof. The long, low proportions mark the change in style at the end of the Victorian era, when tall, asymmetrical houses with highly decorated surfaces and complex roof lines went out of fashion. The ornamentation is limited to scroll-cut eave brackets, banded and corbelled chimneys, and a rear window flashed with coloured glass.

The Schetky Residence, the oldest know building in this neighbourhood, is a rare surviving example of the type of prestigious housing that predominated in Newcastle townsite from its first development just after 1900 until the 1940s. Separated from the rest of Nanaimo by the Millstone Name: Schetky Residence River, Newcastle Townsite quickly became an exclusive residential suburb for the city's commercial and professional elite. Today, the Location: 225 Vancouver neighbourhood is a mix of commercial buildings, apartment buildings and single-family houses, but surviving early residences such as this building are important evidence of the original character of the area.

The Schetky Residence's grounds represent the type of landscaping that was favoured for Nanaimo's upscale neighbourhoods in the late lgthand early 201h centuries. The mature Chilean Pine (Monkey Puzzle Tree) on the site is listed on the City's register of heritage trees. These trees were a popular fad before World War 1 and were often brought in my ship's crews as souvenirs when they stopped to refuel in South America. Often given as gifts, they were planted singly or in pairs in front yards. Other landscape features include mature holly trees, lilac bushes, rose bushes along the walk and a Japanese Plum. The grounds have a historical and physical relationship to the building and, as such, are an important component of the site's value.

The residence's location at a busy intersection and the massive Chilean Pine in the front yard make it a neighbourhood landmark.

City of Nanaimo Community Heritage Register (1 1/09/07) Page 60 Location: 261 Vancouver

features a high hip roof, stucco cladding, and multi-paned casement windows. Visual interest is provided by a gable projection over the front entry, a hip dormer, and a larger jerkin-headed dormer facing to the front. This house was built for Dr. William Edward James Ekins, and has been very well maintained by the present owners. The beautifully landscaped garden provides an appropriate setting for the house.

Name: Ekins Residence Location: 441 Vancouver

City of Nanaimo Community Heritage Register (1 1/09/07) Page 61 The residence symbolizes the once common local practice of moving buildings to different locations. As new coalmines were developed or as old ones failed, buildings were moved to new sites, at first by train and later by truck. The relocation of the majority of buildings from Wellington to Ladysmith in the early 1900s is the best-known instance of building relocation but there are numerous other examples. The Granby Mine Residence was moved from Granby, a model community south of Nanaimo, after the mine closed in the early 1930s. The relocation of buildings underlines the fragile and variable nature of coal mining economies and, as such, is a significant symbol of the area's socio-economic history.

The Granby Mine residence is associated with two well-known figures. Dr. Larry Giovando, a highly regarded doctor and community leader and twice Nanaimo's representative in the provincial legislature from 1952-1956. By the 1970s, the Stupich family owned the residence. Dave Stupich was a prominent local politician who served multiple terms as a NDP MLA and MP from the 1960s to the early 1990s.

The Granby Mine Residence is a rare surviving example of the type of prestigious housing that predominated in Newcastle Townsite from its first development just after 1900 until the 1940s. Separated from the rest of Nanaimo by the Millstone River, Newcastle Townsite quickly became an exclusive residential suburb for the city's commercial and professional elite. Today, the neighbourhood is a mix of commercial buildings, apartment buildings and single-family housing but surviving early residences such as this building are important evidence of the original character of the area.

Prominently sited on the lot and surrounded by mature landscaping, the residence is part of a significant grouping of heritage buildings in one of Nanaimo's oldest neighbourhoods.

Name: Commercial Building Location: 33-35 Victoria

Date: Circa 1892 or earlier

City of Nanaimo Community Heritage Register (11/09/07) Page 62 The Queen's Hotel is a tangible reminder of the historic importance of hotels in Nanaimo history. Early Nanaimo, subject to the boom and bust economic cycles typical of mining towns, had a large population of single, often transient, men. As affordable housing alternatives, hotels functioned as living quarters and, in the saloons and restaurants typically located on the ground floor, as social centres.

The Queen's Hotel is significant as a reminder of the importance of Victoria Crescent as an early commercial strip. Most of Nanaimo's oldest surviving commercial buildings are located on this street. The Queen's Hotel has been in continuous use as a drinking establishment for over 100

Located mid-block, Queen's Hotel is prominent on the street and is part of a grouping of historic buildings in this area. the Queen's Hotel) Location: 34 Victoria Crescent

This property was owned by William E. Webb, an early Nanaimo settler, and City Councillor in 1887. There is some indication that this structure was originally Peck's Hotel, catering to the crews of sailing ships that docked across the street; it was located on the waterfront at a time when the other -Name: Nanaimo Pioneer side of Victoria Crescent had not yet been filled in. If so, the building may date from as early as the 1870s. Webb owned this property as early as Bakery Now Johnson's 1887, and appears to have established a bakery in the eastern half of the site as early as 1889. By 1895 the eastern half was occupied by Smart & Hardware Thorne's Nanaimo Bakery, and the adjacent storefront by George Whitfield, Boots & Shoes. Location: 39-45 Victoria Crescent The Nanaimo Pioneer Bakery building illustrates the very early importance of Victoria Crescent as a commercial district. The building has been in -Date: Circa 1870s continuous use as a commercial building for over 125 years, the longest known continuous business use of any building in the downtown area. The Nanaimo Pioneer Baker-y building, which follows the curve of the street, is part of a significant grouping of historic buildings in this area.

City of Nanaimo Community Heritage Register (11/09/07) Page 63 The Terminal Hotel, built in 1912, is a handsome, very good example of vernacular Edwardian Commercial style. This restrained and symmetrical style was a reaction to the exuberant eclecticism of the Victoria architecture that preceded it. The building's storefront has been modified over time, most extensively in 1951, but the upper story and essential form remains intact.

The Terminal Hotel is a tangible reminder of the social and economic importance of hotels in Nanaimo history. Like most mining communities, early Nanaimo had a large population of single, often transient, men. The City's many hotels functioned as affordable living quarters and, in the saloons and restaurants typically located on the ground floor, as social centres. The Terminal Hotel has been in continuous use as a hotel or similar function for almost 100 years.

This hotel was built to replace two earlier structures on the site, the Oriental and the Identical. It was built for Mrs. Busby by the contractor J. Henry m:Eagle Hotel (Later the Walker, originally from Ontario, who also built the Rogers Block. The elaborate design provided by Toronto architect Harvey in 1912 does not seem Terminal Hotel) to have been executed; the building as constructed is a relatively plain structure, brick faced, with simple corbelled detailing and segmental arched Location: 63 Victoria Crescent window openings. In 1951 the hotel was reconstructed to the plans of Thomas B. McArravy, and re-opened as the Terminal, named for its close Date: 1912-1914 - proximity to the Canadian Pacific Railways Terminal.

The three-storey Terminal Hotel is very prominent on the street and is part of a continuous line of historic buildings on one of Nanaimo's oldest commercial strips.

This charming home was built by carpenter Malcolm McRae. McRae and his wife Annie Quennell lived here for many years; their daughter Mildred Couture lived in the house, sleeping in the same room she was born in, until her death in 1996. Situated at the corner of Victoria Road and Selby Street, the house was built on a lot subdivided from property owned by William M. Langton. It displays tall, vertical massing, with a two storey verandah built into the corner of its L-shaped plan. It remains as one of the earlier intact homes in the area.

Name: McRae Residence Location: 98 Victoria Road Q&: 1901

City of Nanaimo Community Heritage Register (11/09/07) Page 64 Location: 41 3 Victoria Road Date: Circa 1892

This Craftsman bungalow was built for Richard Isherwood, a carpenter, who may have been responsible for its construction; he is listed as resident elsewhere the following year. The house features art glass panels in the upper window sash, twin-coursed shingles in the gable ends, and an inset front corner porch with a square column. Set close to the streetline, the setting of this well-maintained house is enhanced by the mature arbutus trees in the front yard.

Name: Isherwood Residence Location: 421 Victoria Road

Name: Crewe Residence Location: 624 Wakesiah

City of Nanaimo Community Heritage Register (1 1/09/07) Page 65 The residence was built for the Gulliford family, who operated a florist business downtown. A large greenhouse (now demolished) that serviced the florist business was built adjacent to the house.

The building is located in one of Nanaimo's older neighbourhoods, just north of the downtown core. its location at a busy intersection makes it a well known neighbourhood landmark.

Built around 1910, the Willard Service Station Building is a very good example of the type of small scale, vernacular commercial building that predominated in Nanaimo until World War II. A unique element of the building is the multiple storefronts, two of which include false front storefronts. Although the building has been altered over the years, its essential from remains intact and it continues to be used for commercial purposes.

The building is also significant for its contemporary function as an outdoor art gallery. Lined with framed paintings, the exterior west wall of the building, adjacent to a narrow alley, has been used to showcase local art since the mid-1990s.

Located on a major intersection that marks the eastern entrance to the "Old City" mixed commercial and residential district and within a grouping of heritage buildings, the Willard Service Station Building is an important neighbourhood landmark. Name: Willard Service Station

restaurants have located at the Wallace Street storefront while the Fitzwilliam Street storefronts have hosted craft and service shops. The building is noteworthy for housing Nanaimo's first radio station, CFDC, in 1922.

City of Nanaimo Community Heritage Register (1 1/09/07) Page 66 Built in 1951, City Hall is an excellent example of and Nanaimo's first venture into the International style. Designed to project progress and modernity, the International style was the appropriate choice for a municipality striving to overcome its image as a dirty, depressed coal town and present itself as a forward looking city. A sympathetic 1970 addition on the north side respects the original building's architectural integrity. The exterior and interior are largely intact. Name: Nanairno City Hall

Island, McArravy was Nanaimo's most prominent architect for many years. City Hall has survived in near pristine condition, a testament to the integrity of the original design and McArravy's skill.

Architect McArravy was born in Glasgow in 1900; after moving to Canada he served four years at the Wallace Shipyards in North Vancouver, first as a loftsman and later in the drawing office. Starting in 1921 he started work as an indentured student in the offices of Gardiner & Mercer in Vancouver. He later moved to Nanaimo, although he was in Vancouver during the war years. As early as 1940 McArravy was preparing plans for this building; these first schemes bear a remarkable similarity to what was actually built after the war.

The gardens at the side and front of City Hill were designed at the same time as the building and are integral parts of the site's value. Situated on a high rocky outcropping, the extensively landscaped grounds soften the rigid formality of the building's architecture. The winding roadway that leads to the front entry provides a welcoming entrance, appropriate to a public building.

The Brumpton Block is significant because of it's association with the Wong family and the Diner's Rendezvous Restaurant. For several decades,

buildings including City Hall and the Fitzwilliam Street Library building.

A neighbourhood landmark, the Brumpton Block's long facade is very prominent to the street.

City of Nanaimo Community Heritage Register (1 1/09/07) Page 67 The Merchant's Bank is significant for its association with Francis Mawson Rattenbury, British Columbia's premier architect of the late 19th and early 20th centuries. Rattenbury also designed the Nanaimo and Nelson Court Houses, the provincial Parliament Buildings and numerous other residential and institutional buildings.

99 Wallace Street

Built around 1890, Aldred House is a good example of a modest, vernacular, ltalianate influenced residence. Characteristics of this style include a tall appearance, asymmetrical massing, rectangular shape, tall, narrow windows, side bay windows and segmented arches above windows and or doors. Over the years, the building deteriorated and it was not until 1987 that a systematic rehabilitation took place.

Aldred House was likely built by Murdoch Morrison, a house builder and contractor. In 1922, the residence was purchased by John and Jane Aldred. The house was owned by the Aldred family until 1975. Based on information available, it appears that no specific historical significance is associated with either Morrison or Aldred.

Aldred House is one of the earliest known buildings in this neighbourhood, just north of the downtown core. Additionally, it is one of few surviving Victorian era buildings of this size and style in Nanaimo. The house is located within a larger grouper of significant heritage buildings and is prominent to the street. Location: 529 Wentworth

late Craftsman bungalow. Its long and low form is typically Craftsman but it also features many distinct design elements including carved vergeboards with unusual upswept ends and a treatment in the gable ends and verandah piers in which random sized pieces of granite were pressed into wet mortar. These elements, and the immaculate condition of the building, combine to make the Jenkins Residence an exceptional

Renovated in the early 1990s when sympathetically detailed dormers were added to make the upstairs space more usable, the Jenkins Residence speaks to contemporary concerns about heritage building renovation and to ever evolving trends in historic interpretation. Name: Jenkins Residence Location: 674 Wentworth Located at an intersection within a grouping of significant heritage buildings, the Jenkins Building is a highly visible neighbourhood landmark.

City of Nanaimo Community Heritage Register (1 1/09/07) Page 68 Built in 1926, the Wilson Residence is an excellent example of a late Craftsman style building. The building is finely detailed and has a notable wrap-around verandah that takes advantage of its corner location.

Located at a prominent intersection, the Wilson Residence is highly visible and part of a grouping of superior heritage buildings in this

This lot was owned by the New Vancouver Coal Company, and later by the Western Fuel Company. Acquired by Janet and James William Crossan, this house was built by 1912. James Crossan was Chief of Police from 1894 to 1912, Secretary for the Pilot Board, and an Alderman for the North Ward; James Crossan died in 1915 at the age of 60, and Janet died just a few months later at the age of 59. James William Crossan, Jr., their son, then took possession; he was a blacksmith, then a landing waiter for H.M. Customs, and later a Post Office clerk. Original features include a shower on the back porch, of the type miners used after work, before they entered the house. The established landscape features include fruit trees, Japanese Maple, a Pink Dogwood, fruit trees and a vegetable garden.

Name: Crossan Residence Location: 718 Wentworth

Charles S. Wells was an accountant for the Western Fuel Company. The company, successor to the Hudson's Bay and Vancouver Coal Mining and Land companies, was Nanaimo's single largest employer from 1903 to the end of the 1930s. During the Western Fuel Company period, miners experienced tremendous change including mine mechanization, bitter labour conflicts, including the infamous 1912-14 strike and, eventually, the decline of the industry and the loss of their livelihoods.

Name: Wells Residence Located within a grouping of superior historic buildings, the Wells Residence speaks to the development of this area, after the turn of the 2oth Location: 904 Wentworth century, as a middle to upper income residential neighbourhood, a comfortable distance away from the busy commercial core and adjacent mixed- use neighbourhoods.

City of Nanaimo Community Heritage Register (11/09/07) Page 69 The Nanaimo Public Cemetery exemplifies the role the local coal company played in the development of the City. In addition to numerous park, school and church sites, the Vancouver Coal Mining and Land Company also donated the land for this cemetery. Because the company owned all the land in the area, the community was highly dependent on company largesse for the acquisition of public land. The company was, in turn, dependant on community goodwill to ensure economic stability. As such, the site testifies to the long-standing symbiotic relationship between the coal company and the community.

The Wellington Cemetery is one of very few tangible links to the town of Wellington, a formerly distinct community that was subsequently absorbed into the City of Nanaimo. Developed in the 1870s as a coal town by Robert Dunsmuir, who became one of the province's wealthiest men, Wellington rivalled Nanaimo in population and industrial output until its demise in 1900 when coal operations were moved south of Nanaimo to Extension and Ladysmith. At that time, many of the buildings were moved by railcar to the new communities. Combined with a few remaining lgthcentury buildings that are scattered throughout the area, the Wellington Cemetery is an important example of the ephemeral nature of single-industry resource towns.

The physical remains of the Wellington Cemetery reveal much about the early social and economic history of the area. The original Name: Wellington division of the cemetery into quadrants by religious denomination reflects the importance of those distinctions. In addition, the Cemetery headstones provide evidence of the community's population composition. Unlike Nanaimo, which was developed predominantly by Location: 4700 English and Scottish settlers, the headstones at Wellington Cemetery indicate an ethnically diverse population that included Ledgerwood Road significant numbers of Italians, Fins and Belgians. Other headstones tell of deaths due to mining accidents, a common occurrence in -Date: 1890s or earlier Wellington's history. As a whole, the cemetery functions as an outdoor classroom of Wellington history.

St. Peter's Cemetery is a rare, tangible link with Nanaimo's Roman Catholic heritage and speaks to the earliest ecclesiastic, social and spiritual history of Nanaimo. The first recorded burial took place in 1876, although the church was established in Nanaimo at least 15 years earlier. The cemetery is the only surviving single denomination graveyard in Nanaimo. Still in active use, the cemetery is important as a communal, spiritual space, and as a publicly accessible, outdoor history museum.

St. Peter's Cemetery is also an important green space in a dense residential neighbourhood. This peaceful oasis offers excellent views of the western section of the city.

-Name: St. Peter's Cemetery Location: 301 Machleary Street -Date: 1880s or earlier

City of Nanaimo Community Heritage Register (1 1/09/07) Page 70 Cemetery is specially significant.

structure, an altar and a shrine. Although the cemetery is no longer exclusively Chinese, it retains, through the presence of these elements, a distinct Chinese character.

The Cemeteries' striking entrance gates and its location on a main thoroughfare make it a highly visible neighbourhood landmark.

City of Nanaimo Community Heritage Register (1 1/09/07) Page 71 Pioneer Cemetery Park speaks to the community's earliest development and is a valuable record of the lives of Nanaimo's first European settlers. The park is the third oldest cemetery in British Columbia after Fort Langley and Victoria. From the first known burial in 1953 to the final burial in 1895, this cemetery served as an essential communal space, both practically and spiritually.

Pioneer Cemetery Park is an important example of an early preservation project and the development of community heritage consciousness. In 1953, concerned by the overall dilapidation of the site, the newly formed Nanaimo Branch of the BCHA (BCHF) made a record of all the stones still standing and a sketch of their original positions. In 1958, as the remaining headstones in a curving rock wall and planted grass and flowers. In 1960, the project was completed and the site was officially converted into a -Name: Pioneer Cemetery memorial park by the municipality. Park Location: 10 Wallace Street Pioneer Cemetery Park is significant green space. When first created, this site was a considerable distance from the town core. -Date: circa 1853 Today, surrounded by a busy commercial district, the site, with its massive maple trees, functions as a relatively quiet, secluded and peaceful urban oasis.

City of Nanaimo Community Heritage Register (1 1/09/07) Page 72 The Cenotaph is the focal point of a small municipal park bordered by trees and St. Paul's Anglican Church yard on three sides. Facing a busy downtown street and the harbour, the Cenotaph and adjacent grounds are highly visible and provide a calm and restful green space in the downtown core.

The Cenotaph is a very good example of a simple, graceful monument. Minimally ornamented, the Cenotaph's design, created and executed by local monument works owner E. Millins, was based on an ancient Egyptian model.

Name: Welsbach Gas

Location: 85 Front Street

City of Nanaimo Community Heritage Register (11109107) Page 73

returned to Nanaimo he built a grand mansion, which he name 'Eldo Villa'. Sloan later served as the provincial Minister of Mines; he died in 1923 and his mansion was demolished in 1930. The stone fence serves as a tangible reminder of this imposing estate.

Location: 201 thru 255

The motel forms part of a distinct concentration of building's constructed along the Island Highway in the 1950's and 1960's to accommodate the growing number of vacationers travelling by motor vehicle during this period. Of the motel signs located in this area, the Castaway's neon sign is unique, and represents a period in which neon was a very common signage type used by highway and traffic oriented commercial uses to attract automobile bound customers.

Name: Castaway Motel

Location: 205 Terminal Avenue North Date: Circa 1940s

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FROM: CHAIR, NANAIMO COMMUNITY HERITAGE COMMISSION

RE: PACIFIC BIOLOGICAL STATION CENTENNIAL ANNIVERSARY PLAQUE

COMMITTEE'S RECOMMENDATIONS:

That Council direct Staff to have a commemorative plaque prepared for presentation to the Pacific Biological Station in 2008 to mark the event of the Station's Centennial Anniversary.

EXECUTIVE SUMMARY

The purpose of this report is to request Council support for the manufacture and placement of a plaque at the Pacific Biological Station commemorating the Station's Centennial Anniversary, and specifically recognizing the Station's contribution to the knowledge and understanding of Canada's marine environment and to the social and economic life of the City of Nanaimo.

BACKGROUND

Early in 2007, Council directed the Heritage Commission to proceed with a nomination to the Historic Sites and Monuments Board of Canada to designate the Pacific Biological Station as a national historic site. This nomination has been submitted and is currently being processed by the Board. However, if the nomination is successful, recognition of the Station's historic status will likely not occur until 2009 due to an application backlog at the Board. Consequently, a member of the Pacific Biological Station Centennial Committee addressed the Commission in 2007-JUN-06 requesting that the City consider placement of its own plaque recognizing the Station's Centennial Anniversary in 2008. At its regular meeting held 2007-SEP-05, the Heritage Commission passed the following motion: "that up to $900.00 of the Commission's budget be committed to purchase a plaque for the Pacific Biological Station and that Council endorsement be sought."

The purpose of the plaque is to commemorate the Centennial Anniversary of the Station, and more specifically its beneficial impact on our knowledge and understanding of Canada's marine environment, and the social and economic life of the City of Nanaimo.

The Station's Centennial Committee will be hosting a series of events throughout 2008 to commemorate the Station's anniversary. It is anticipated that the plaque would be formally dedicated by the City and unveiled at a ceremony in the Fall of 2008.

The rectangular, 1InX17" bronze plaque will cost approximately $900.00 to manufacture. A draft of the proposed wording on the plaque is attached. The plaque will be installed in a suitable location by the Station.

Respectfully submitted,

John Hofman, Chair Nanaimo Community Heritage Commission g:\commplan\admin\2007\PBS Plaque Report.doc 2007-NOV-19 THIS PLAQUE PRESENTED TO THE PACIFIC BIOLOGICAL STATION ON THE OCCASION OF ITS CENTENNIAL ANNIVERSARY IN RECOGNITION OF THE STATION'S CONTRIBUTIONS TO OUR KNOWLEDGE AND UNDERSTANDING OF CANADA'S MARINE ENVIRONMENT AND TO THE SOCIAL AND ECONOMIC LIFE OF THE CITY OF NANAIMO

CITY OF NANAIMO, 2008

(CITY COAT OF ARMS OR LOGO)

(NOTE: RECTANGULAR BRONZE PLAQUE WITH RAISED BORDER - 1 1" X 17") REPORT TO: MAYOR AND COUNCIL

FROM: LARRY McNABB, CHAIR, PARKS, RECREATION AND CULTURE COMMISSION

RE: PROPOSED PARK ZONING

RECOMMENDATION:

That Council supports the proposed park zoning and considers first and second reading of the associated Zoning Bylaw Amendment 4000.426.

EXECUTIVE SUMMARY:

At the Parks, Recreation and Culture Commission Meeting of 2007-JUN-27, the Commission received a report from staff regarding creating three draft park zones. Commission approved the draft park zones for public review and directed staff to host a public open house to receive input. Parks, Recreation and Culture staff, in conjunction with Development Services, held an Open House on 2007-OCT-10. Based on the comments received during the Open House, staff recommended changes to the draft zoning for a number of individual park properties. The draft Park Zoning was also presented to the Plan Nanaimo Advisory Committee at their 2007-SEP-18 meeting. The Commission, at their regular meeting of 2007-OCT-24, received the Open House comments and recommended that Council proceed with the park zoning process.

BACKGROUND:

The current City of Nanaimo Zoning Bylaw 4000 does not have zoning specifically for parkland. In the past, parkland and the uses within those parks have been permitted within numerous zones as "civic use". A recent British Columbia Court of Appeal decision involving School District No. 61 versus the District of Oak Bay has held that Zoning Bylaws that rely on the use of terms such as "Civic" are unlawful as they discriminate between users rather than use. Based on this decision, staff will be preparing a Zoning Bylaw Amendment that will remove the term "Civic Use" from the City's Zoning Code. After reviewing Zoning Bylaws for other BC municipalities, park zone regulations were developed for review. The proposed changes will create three new zones which are intended to reflect the varying levels of use on City parkland.

At the regular meeting of the Parks, Recreation and Culture Commission of 2006-JUL-18, the Commission approved the development of Park Zoning within City of Nanaimo Zoning Bylaw 4000 using the following processes:

1. Staff will review Zoning Bylaws of other BC cities and develop a draft Park Zoning Bylaw for Nanaimo.

2. Present the draft Park Zoning Bylaw to Parks, Recreation and Culture Commission and Plan Nanaimo Advisory Committee.

3. Host a public open house to receive community input for Commission's consideration.

4. Parks, Recreation and Culture Commission to make a recommendation to City Council. WCmil Agenda Item B' Commif& ..--..-... klegation O WOpen~ng Proclamation O 0 Wng CorrerponheQ klbgDaa: -..-NQJ-19 Report to Mayor and Council Re: Park Zoning Page 2.

5. Council considers the recommendation; and if adopted, a Zoning Bylaw amendment is given first and second reading.

6. A public hearing is held to provide Council with additional public input.

7. Bylaw amendment is given third reading and final adoption at Council.

This process has been followed and the Parks, Recreation and Culture Commission recommend that the Park Zoning Bylaw process proceed to Step 5. Once approved, the proposed Zoning Bylaw amendment will create three new parks zones and three new definitions, 'Nature Park', 'Community Park' and 'City Park'.

An Open House was held on 2007-OCT-10 in Bowen Park Activity Room #I from 5:00 p.m. to 8:00 p.m. to present the following three proposed park zones to the public:

1. Parks, Recreation and Culture Zone One (PRC-1): The primary intent of this zone is to provide for the conservation of natural spaces within City parks. Where possible, the zone will allow for recreational and educational use when compatible with the preservation of natural features within the park.

2. Parks, Recreation and Culture Zone Two (PRC-2): This zone will provide park areas which allow for organized and unorganized outdoor recreational activities. Parks within this zone shall include playgrounds, sports fields, and undeveloped parks with limited ecological value.

3. Parks. Recreation and Culture Zone Three (PRC-3): This zone recognizes the wide variety of uses which exist within the City's developed parks. The primary intent of this zone is to provide opportunities for organized recreational and cultural activities.

The recommended zones also recognize Parks, Recreation and Culture's traditional role in hosting special events within City parks. The temporary use of lands, buildings or structures for assembly will be permitted on all Parks, Recreation and Culture zoned lands in order to host special events.

In addition to creating the above zones, the amendments will create three new definitions that reflect the uses which will be permitted in each of the above zones:

"Nature Park" means use of lands, buildings, or structures primarily for conservation. Uses can include boardwalks, trails, environmentally sensitive areas, nature centres, nature sanctuaries, and the like.

"Community Park" means use of lands, buildings, and structures for recreation including playgrounds, band shells, skateboard parks, canoe and kayak docks, boathouses, playfields, multi- purpose courts and the like.

"City Park" means use of the lands, buildings, or structures for participatory recreation and cultural activities including recreational facilities, waterslides, libraries, cultural facilities, golf courses, golf driving ranges, mini putt golf courses, assembly halls, horse riding stables, petting zoos, daycares and the like. This definition shall specifically include accessory uses of restaurant, office, retail, caretakers dwelling unit, commercial school and lounge. Report to Mayor and Council Re: Park Zoning Page 3.

'Nature Parks' will be permitted in all Parks, Recreation and Culture (PRC) Zones; 'Community Parks' shall be permitted in PRC-2 and PRC-3 zones; and a 'City Park' will only be allowed with the PRC-3 zone. Mapping of the proposed zones is intended to reflect the current and potential use of the park properties.

Mapping of the recommended zones will reflect the current and potential use of the park properties. A map of the parks and their proposed zones is attached to the amendment bylaw on tonight's agenda.

Respectfully submitted,

Larry McNabb, Chair Parks, Recreation and Culture Commission

RH:clc File: C5-4-8 2007-NOV-0 1 g:\Admin\PRCC\RptCouncil\ REPORT TO: MAYOR AND COUNCIL

FROM: LARRY McNABB, CHAIR, PARKS, RECREATION AND CULTURE COMMISSION

RE: SCHOOL COMMUNITY CONNECTIONS PROGRAM

RECOMMENDATION:

That Council support moving to Step 2 of the School Community Connections Program in partnership with School District 93, Ecole Oceane (formerly Princess Anne School) and the Francophone Association of Nanaimo.

EXECUTIVE SUMMARY:

The School Community Connections Program was developed to encourage partnerships between schools and local governments to greater utilize school facilities for broader community purposes. The program is divided into three phases:

1. meeting of potential partners to explore opportunities for collaboration. 2. facilitate planning for potential projects identified in Phase 1. 3. assist communities in moving their concept into a construction phase.

This report seeks support to move to Step 2 which does not necessitate moving to Step 3. The Parks, Recreation and Culture Commission, at their meeting of 2007-OCT-24, unanimously supported moving to Step 2 of the School Community Connections Program in partnership with School District 93, Ecole Oceane and the Francophone Association of Nanaimo.

BACKGROUND:

Preliminary discussions with City staff and members of the Francophone School District took place in the summer of 2007 regarding opportunities to better utilize Ecole Oceane for broader community proposes. Following these initial talks, a Steering Committee meeting was held on 2007-SEP-19 to discuss possible opportunities within the school. Committee members included: - Francophone School District - Ecole Oceane Principal - City of Nanaimo staff - Francophone Association of Nanaimo - PAC - Ecole Oceane

This Committee explored potential opportunities for collaboration and potential projects. Some of the ideas included:

a new or expanded gymnasium cultural activity space pre-schoollday care facilities field upgrading Lst&mcil Aggndattm M trail upgrading 0 ComW ,....,... Dekptbn 0 a new playground W@enhb%ng Prodamation O multi-use court QlnSameraMnq cillmmba francophone adult programming space Report to Mayor and Council School Community Connections Program Page 2.

All of these potential projects would take into account the community needs as a whole. This constitutes Phase 1.

Phase 2 of the program, which facilitates planning of possible projects identified in Phase 1, requires the Francophone School District to request $40,000.00 in funding from the Ministry of Education. There is no commitment of funding by the City of Nanaimo at this point in the program.

If Phase 2 funding is successful, the step 2 process would include:

- establishing demographics and enrolment projections - establishing community needs - matching needs to facility opportunities - establishing priorities for costing purposes - establishing costs - reviewing funding sources - creating a plan - submitting a plan for Step 3 funding approval to School District 93 Board and City of Nanaimo Council for approval.

Respectfully submitted,

Larry McNabb, Chair Parks, Recreation and Culture Commission

File: C7-3-5 2007-NOV-06 g:\Admin\PRCC\RptCouncil\PRCCRPT071119CommunityConnections.doc MINUTES OF THE BUDGET MEETING OF THE PARKS, RECREATION AND CULTURE COMMISSION HELD IN THE CONFERENCE ROOM, OF THE BOWEN PARK COMPLEX, ON WEDNESDAY, 2007-OCT-03, COMMENCING AT 4100 P.M.

PRESENT: Commissioner L. McNabb, Chair

Members: Commissioner L. Avis Commissioner D. Burnett Commissioner J. Cameron Commissioner B. Dempsey Commissioner P. Field Commissioner L. Fraser Commissioner D. Johnstone Commissioner S. Lance Commissioner L. Sherry Commissioner A. Young

Absent: Commissioner B. Sperling

Staff: R. Harding J. Ritchie B. Meunier C. Connett, recording D. Duncan

1. CALL THE OPEN MEETING TO ORDER:

The Budget Meeting was called to order at 4:00 p.m.

2. INTRODUCTION OF LATE ITEMS:

3. ADOPTION OF AGENDA:

It was moved and seconded that the Agenda be adopted. The motion carried unanimously.

4. STAFF REPORTS:

(a) Parks, Recreation and Culture Financial Plan 2008 - 2012.

Mr. R. Harding, Director of Parks, Recreation and Culture, provided an overview of the City's financial planning and budgeting process. Q-€mlcil agendab P Committee..,..,,,.,. wegation OJ P-BpenlrAeeting Prodamation Q 0 34 PARKS, RECREATION AND CULTURE COMMISSION Budget Meeting held 2007-OCT-03 PAGE 2

2008 to 2012 Capital Plan (Appendix A).

Staff reviewed the 2008 - 2012 Capital Plan (Appendix A), focussing on the projects scheduled for 2008. lnformation was provided on Commission's questions regarding various projects including:

Off-Site Leisure lnformation Kiosks (Capital) - this is a 2009 project but because more people now have home computers this project has been postponed for additional review.

Bowen Park Im~rovements(Capital) - a concept design plan and report will be provided to Commission in the New Year outlining the planned improvements to parking, traffic flow, trails, interpretive centre, etc.

Lake Front Park lm~rovements (Capital) - this includes the continuing implementation of Loudon Park improvements and planning for Westwood Lake improvements.

Plavqround lmprovements (Capital) - this will provide for Deverill Square playground upgrades and Oliver Road playground development.

Third Street Trail (Capital) - this will provide a better trail connection from Malaspina University College, Nanaimo Ice Centre and Nanaimo District Secondary School to the Serauxmen Sports Fields.

Trailwav Development and Rehab (Capital) - the 2008 Capital Plan follows the adopted Trail Implementation Plan and will include the development a trail around the playground at Oliver Road; Chase River Estuary Park and Hawthorne Creek. Commissioner Lance inquired about the status of the trail connection from Princess Anne School to the Parkway. Mr. Ritchie, Manager of Parks Operations, replied that property ownership has changed and preliminary discussions are underway.

Port Theatre Window Replacement (Capital) - some of the windows at the Port Theatre are failing and the City, as the owner, is responsible for replacement.

Commissioners noted that there have been complaints about the elevation of the horseshoe pitches at Bowen Park and asked if consideration is being given to relocating the pitches to a more level location with easy access to a change room/ washroom. Chair McNabb advised this has been discussed over the past several years including moving the horseshoe pitch to Beban Park. Mr. Harding advised that staff have met with the local Horseshoe Club several times but the Club has not presented a proposal to Commission.

Park Development Cost Charqes (Appendix B).

Mr. Harding advised that the Parks Development Cost Charges (DCC) Reserve is projected to be $2,620,988 at year end. These funds are generated from the issuance of subdivision building permits and are to be used in park areas. PARKS, RECREATION AND CULTURE COMMISSION Budget Meeting held 2007-OCT-03 PAGE 3

Facility Development Reserve Fund (Appendix C).

Mr. Harding advised that the Facility Development Fund is projected to be $807,275 at year end and these funds are to be used for facilities on park property.

2008 Capital Plan Prioritization (Appendix D).

Mr. Harding reviewed the 2008 Capital Plan Prioritization list, noting that Council and Senior Staff have not requested this. Chair McNabb suggested that this is a good document for Commission to review and prioritize.

Commissioner Sherry asked if the Gallows Point Erosion Control funding should be funded from the Public Works budget because it is city property. Mr. Harding replied that it is parkland; therefore, it is appropriate to be funded from the Parks, Recreation and Culture budget.

Commissioner Lance asked if sufficient funds have been allocated for the installation of the Frank Crane Arena Elevator. Chair McNabb confirmed that the budgeted funds will be adequate.

It was moved and seconded that Public Art $50,000 be moved to below the Lacrosse Box Upgrades. The motion carried unanimously.

It was moved and seconded that the Parks, Recreation and Culture Commission recommends that Council support the 2008 Capital Plan Prioritization List as amended. The motion carried unanimously.

2008 Operating Budqet (Appendix E) & Net Operatinq Budget Summary {Appendix F) and the Operatinq Budget Variances (Appendix GI.

Mr. Harding reviewed the 2008 Operating Budget (Appendix E), Net Operating Budget Summary (Appendix F) and the Operating Budget Variances (Appendix G).

Commissioner Sherry asked why funding is not shown as taxation verses program revenue on Appendix F. Mr. B. Meunier, Manager of Recreation and Culture, noted that revenues are shown in Appendix E and Facility Development Fund revenue is directed to Capital; therefore, not shown in Operating.

Commissioner Cameron asked about various program changes. Mr. B. Meunier replied that a staff restructure has taken place and new responsibilities have been assigned resulting in changes to the budget regarding some programs showing no expense and new areas showing expenses.

Commissioner Cameron asked about the Cultural Capitals project and budget. Mr. Meunier replied that the program consists of 9 major events and that Nanaimo will most likely receive the full grant amount. He noted that additional information will be provided at the 2007-OCT-24 Commission meeting. PARKS, RECREATION AND CULTURE COMMISSION Budget Meeting held 2007-OCT-03 PAGE 4

Commissioner Sherry asked that monthly Cultural Capitals updates be provided at Commission meetings. Mr. Harding advised that Bob Kuhn will be managing the Cultural Capitals program and he will provide monthly updates to Commission.

Commissioner Sherry asked about the future of the existing Museum and noted that community groups are often looking for meeting space. Commissioner Lance reported that the building is in poor repair and it would cost significant funds to refurbish the building and bring it up to code. She also noted that the Museum would like to have access to the bottom of the building for workshops and storage. Commissioner Sherry asked that staff do due diligence before deciding that it is removed. Mr. Harding advised that there is a public process planned regarding the Museum's future included in the Piper Park Plan.

2008 Operating Budqet Chanqes (Appendix G).

Commissioner Dempsey asked for clarification regarding the Port Theatre Society expenses versus the Port Theatre Building expenses. Mr. Harding replied that 2% is the increase approved by Council and that $100,000 of the annual grant is directed to a capital improvement plan.

Hiqher Service Level Requests (Appendix HI.

Mr. Harding reviewed the Higher Service Level Requests (Appendix H):

Parks Operations - Maintenance - this will provide for 1.0 FTE Parks Maintenance Position in the amount of $80,935 which includes labour and a vehicle. The parks system continues to grow and additional staff are required to maintain parks to the current levels.

Parks Operations - Custodial - this will provide for an additional .5 part-time custodial position for park washrooms, field houses and activity centres in the amount of $27,694. This will be an afternoon shift throughout the spring and summer for busy beach and park locations, as well as for tournaments and festivals, to provide coverage from 6:00 a.m. to 6:00 p.m.

Parks Operations - Parks - this will provide for a .5 FTE ParkdRecreation Bylaw Officer in the amount of $33,873. This will provide coverage from April to October and better enforcement of parks bylaws.

Facility Operations - this will provide for 1.0 FTE Facility Operator at a cost of $67,185. All department facility major maintenance and repairs are completed by 3 staff and with the addition of the Nanaimo Aquatic Centre, Nanaimo Ice Centre and the Oliver Road Community Centre there is a need for an additional person.

Commissioner Lance asked if the recommendation from the Recreation Committee to increase the Tournament and Festival Fund Grant was included in the budget. Mr. Meunier replied that it was increased by only 2% because the overall budget was already up 7%. PARKS, RECREATION AND CULTURE COMMISSION Budget Meeting held 2007-OCT-03 PAGE 5

Commissioner Lance stated that Tournament and Festival Grants should be funded from the Tourism or Economic Development Destination Marketing budget. She added that it would be more effective to direct funding locally rather than spending money on ads in Vancouver. Mr. Harding advised that a presentation to Al Kenning, Deputy City Manager, is taking place next month on exactly that topic. The Parks, Recreation and Culture Department want to make it easier for the groups brining in the tournaments and/or festivals to be more successful. Mr. Harding added that there is a pool of money under the auspices of Destination Marketing that can hopefully be accessed to assist the local groups.

Staff's Recommendation: That the Parks, Recreation and Culture Commission recommends that Council support the Parks, Recreation and Culture Department's 2008 - 2012 Financial Plan.

It was moved and seconded that the recommendation be adopted. The motion carried unanimously.

17. ADJOURNMENT:

It was moved and seconded at 5:09 p.m. that the meeting terminate

The motion carried unanimously.

L. McNabb, Chair Parks, Recreation and Culture Commission

CERTIFIED CORRECT:

R. Harding, Director Parks, Recreation and Culture MINUTES OF THE REGULAR PARKS, RECREATION AND CULTURE COMMISSION MEETING HELD IN THE CONFERENCE ROOM, OF THE BOWEN PARK COMPLEX, ON WEDNESDAY, 2007-OCT-03, COMMENCING AT 7100P.M.

PRESENT: Commissioner L. McNabb, Chair

Members: Commissioner L. Avis Commissioner D. Burnett Commissioner J. Cameron Commissioner 6. Dempsey Commissioner P. Field Commissioner L. Fraser Commissioner D. Johnstone Commissioner S. Lance Commissioner L. Sherry Commissioner B. Sperling Commissioner A. Young

Staff: R. Harding J. Ritchie 6. Meunier C. Connett, recording

1. CALL THE OPEN MEETING TO ORDER: &wncii Wgembm The Regular Meeting was called to order at 7:00 p.m. B Cornmitree.,...... -.- Megaffon t%

2. INTRODUCTION OF LATE ITEMS:

(a) Commission Burnett regarding Electoral Area A.

(b) Commissioner Dempsey regarding School District No. 68's Healthy Food in Vending Machines Initiative.

3. ADOPTION OF AGENDA:

It was moved and seconded that the Agenda be adopted. The motion carried unanimously.

4. ADOPTION OF MINUTES:

(a) Minutes of the Regular Parks, Recreation and Culture Commission Meeting held Wednesday, 2007-JUL-25 at 7:00 p.m. in the Conference Room of the Bowen Park Complex. PARKS, RECREATION AND CULTURE COMMISSION 2007-OCT-03 PAGE 2

It was moved and seconded that the Minutes be adopted as circulated. The motion carried unanimously.

5. PRESENTATIONS:

On behalf of the City of Nanaimo, the Parks, Recreation and Culture Commission presented certificates and medallions to the Provincial Champion Nanaimo Track and Field Club members Miryam Bassett, Alex Bonnetplume, Alexandra Fontaine, Marissa Kingzett, Anthony Serban and Jade Richardson; and to the Western Canadian Champion Track and Field Club member Paul Little.

6. DELEGATIONS:

7. CHAIRMAN'S REPORT:

(a) Chairman McNabb circulated letters from Fairview School students regarding the benefits of the viewing platform in Jingle Pot Marsh.

(b) Chair McNabb reviewed the upcoming Management staffing changes.

8. REPORTS OF ADVISORY BODIES:

(a) Parks Committee. Commissioner Field advised that no meeting was held.

(b) Recreation Committee. Commissioner Lance advised that no meeting was held.

E. J. Hushes Mural.

The City is moving forward with plans to restore and display the 1938 E. J. Hughes mural that was removed from the old Malaspina Hotel. The mural will be on display in a pre-function area of the Vancouver Island Conference Centre.

Cultural Committee's Recommendation: That the Parks, Recreation and Culture Commission recommend that Council allocate up to $200,000 from the 2007 - 2008 Parks, Recreation and Culture Department's Five Year Capital Public Art budget for restoration and display of the E.J. Hughes mural at the Vancouver Island Conference Centre.

It was moved and seconded that the recommendation of the Cultural Committee be adopted. The motion carried unanimously.

Commissioner Lance invited Commissioners to attend the Cultural Awards ceremony to be held on Friday, 2007-DEC-14 at Beban Park at 7:00 p.m. PARKS, RECREATION AND CULTURE COMMISSION 2007-OCT-03 PAGE 3

(d) Athletic Commission. Commissioner McNabb advised that no meeting was held.

(e) Grants Advisorv Committee. Commissioner Burnett advised that a meeting was held but there was nothing to report.

(f) Plan Nanaimo Advisow Committee. Commissioner Lance reported that a meeting was held and the Park Zoning report was discussed.

(g) Social Planninq Advisorv Committee. Commissioner Johnstone reported that the meeting was cancelled.

(h) Port Theatre. Monthly report - July and August.

(i) Nanaimo Art Gallerv. Monthly report -July and August.

(j) Nanaimo District Museum. Monthly report - July and August. Commissioner Lance invited Commission to attend the Closing Social on 2007-NOV-03.

(k) BC Seniors Games Committee. Commissioner Johnstone reported that the Games were a great success and that working on the Committee was a very rewarding experience. She informed Commission that a legacy of approximately $100,000 will be shared with the BC Seniors Games Society; and that a final report will be provided at a future Commission meeting. Commissioner Johnstone expressed sincere appreciation to Bill France, City Liaison, who was a marvellous asset to the Committee and willingly served in any and every capacity. She also extended thanks to all the liaisons and supporters that made hosting the Games possible, especially Malaspina University College, School District No. 68 and City of Nanaimo. Commissioner Johnstone expressed immense appreciation to the Board of Directors for their dedication and hard work as well as to the many volunteers.

It was moved and seconded that the Advisory Body Reports be received. The motion carried unanimously.

9. STAFF REPORTS:

(a) Knowles Estate Statutow Reserve Fund Allocation Guidelines.

Staff's Recommendation: That the Parks, Recreation and Culture Commission allocate the interest from the Knowles Estate Statutory Reserve Fund for 2008 - 2012 to add, replace or improve playground equipment to south end parks as described in Schedule "A".

In September 2007, approximately $500,000 from the estate of Mr. Knowles was forwarded to the City of Nanaimo. This Fall, $100,000 of the $500,000 has been allocated for improvements to Knowles Park and a meeting to discuss these improvements with area residents was held on 2007-SEP-27. PARKS, RECREATION AND CULTURE COMMISSION 2007-OCT-03 PAGE 4

At their 2007-JUL-25 meeting, Commission directed staff to develop Knowles Estate Statutory Reserve Fund Allocation Guidelines. The annual interest is recommended to be directed to Department initiated playground improvements in the south end until 2012 and projects will be reviewed by the Commission each year. Guidelines will be prepared for Commission's consideration for years exceeding the existing Five Year Capital Plan.

It was moved and seconded that the recommendation be adopted. The motion carried unanimously.

(b) Parks and Facilities Naminq Conventions.

Staff's Recommendation: That the Parks, Recreation and Culture Commission's direction is sought.

At the 2007-JUL-25 In Camera Parks, Recreation and Culture Commission meeting, staff were directed to seek information and clarification regarding the City of Nanaimo's policy for the naming of parks and facilities. Currently, there is not a formal policy with respect to the naming of City of Nanaimo parks and facilities; rather, the standard practice has been for the City to "reserve the naming of parks and facilities for individuals who have made special contributions to the community, or for clubs and organizations to recognize their contributions in the development of facilities."

The types of policies established by other municipalities, although limited, vary from the naming of municipal assets through corporate sponsorship, to limiting the naming of parks and facilities for commemorative purposes. In addition, naming rights policies often recognize items of community or historical significance.

Should the City of Nanaimo pursue a Municipal Naming Convention Policy options for consideration are:

1. Maintain Status Quo - In the past, the City has reserved the right to name parks and facilities based on contributions, either financial or otherwise to the community, individuals or non-profit societies and organizations. Requests for naming are presented to the Parks, Recreation and Culture Commission and deliberated based on several factors including community impact, investment in public facilities or commemorative naming; and then forwarded to Council for consideration.

2. Establish a Naminq Convention Policy - Conduct a community based process to develop a formal Naming Convention Policy for the City of Nanaimo (a model similar to the City of Vancouver) and forward to Council for consideration.

Commissioners agreed that the status quo should be maintained and noted that a history of how parks and facilities have been named in the past; and a terms of reference or more extensive policy/procedure would be useful. Commissioners felt that this information would also be useful for the community when making naming requests. PARKS, RECREATION AND CULTURE COMMISSION 2007-OCT-03 PAGE 5

Commissioner Burnett suggested that the policylprocedure could address not only parks and facilities, but the placinglnaming of plaques, benches, fountains, artwork, sections of sidewalks, etc.

Chair McNabb stated that he believes the status quo is working well and that plaques can still be purchased at the Lions Pavilion in Maffeo Sutton Park.

It was moved and seconded that the Parks, Recreation and Culture Commission request staff to prepare a report recommending a general naming policy statement for their consideration; and further, that a list be prepared of existing park and facility names and the rationale used by Commission in the naming. The motion carried unanimously.

10. INFORMATION ONLY ITEMS (staff reports):

(a) BC Lions 2009 Traininq Camp Bid.

Community members and Parks, Recreation and Culture staff liaison are involved in preparing a bid to host the BC Lions Training Camp in Nanaimo in 2009. A Steering Committee was formed to work on community supportlcommitment and develop a bid proposal. The Steering Committee is currently working on completing the bid proposal to meet the December 2007 submission deadline.

(b) Monthly Report from Mr. J. Ritchie, Manaqer of Parks.

Mr. J. Ritchie, Manager of Parks, invited Commission to attend the Park Zoning Open House Wednesday, 2007-OCT-10 from 5 - 8 p.m. at Bowen Activity Room #I and the Sod Turning ceremony for Rotary Field House scheduled for 2007-OCT-16 at 10:OO a.m. He advised that the Knowles Park residents are pleased with the proposed improvements and that he has had discussions with the Departure Bay Neighbourhood Association regarding Wardropper Park. Mr. Ritchie reported that a draft Third Street Vegetation Plan has been prepared and will be presented to interested stakeholders and a summary will be provided to Commission.

Mr. 6. Meunier, Manager of Recreation and Culture, advised that summer programming was extremely successful with high participation numbers; the Canadian Tire Jump Start program continues to assist with the LEAP program; Cultural Committee and Recreation Committee grant meetings will be scheduled at the beginning of November. He also circulated Cultural Capitals information.

It was moved and seconded that the Information Only Items be received. The motion carried unanimously. PARKS, RECREATION AND CULTURE COMMISSION 2007-OCT-03 PAGE 6

11. CORRESPONDENCE: (Information)

(a) Letter dated 2007-AUG-17, to the Parks, Recreation and Culture Commission from Mr. I. Howat, Director, Legislative Services, expressing appreciation to Commission for their adherence to Council policy regarding travel assistance grants.

(b) Letter dated 2007-JUL-23, to Sandy Raddysh, Aquatics Supervisor, from Mr. Dave Looney, Passenger Ropeway/Amusement Ride Safety Officer, BC Safety Authority, rejecting the City's application for variance regarding the waterslide regulations.

(c) Letter dated 2007-AUG-08, to the Editor, from Mr. H. J. Pat Barron, requesting various agencies of the City to Help Save Mt. Benson and that the City allocate $150,000 annually for the retention of this area until it is in the public domain.

(d) Letter dated 2007-AUG-29, to Kathy Kitchen and Maurya Tatler, from Dale Miller, Executive Director, Lifesaving Society, expressing appreciation for their assistance in the hosting of the 2007 Barnsley Lifeguard Championships at the Nanaimo Aquatic Centre.

(e) Letter dated 2007-AUG-26, to Chair McNabb, Parks, Recreation and Culture Commission, from Samantha Letourneau, Theatreone Administrator, expressing appreciation for the Arts and Cultural Event Grant.

(f) Letter dated 2007-AUG-22, to Mr. Richard Harding, Director, from Harvey Hurd, Double H Holdings Ltd, regarding Golf Teaching Academy and Practice Facility implementation.

It was moved and seconded that the Correspondence be received. The motion carried unanimously.

12. NOTICE OF MOTION:

13. CONSIDERATION OF OTHER BUSINESS:

(a) Reqional District A.

Commissioner Burnett noted that the Regional District has struck a Recreation and Culture Commission for Area A.

(b) Healthy Food in Vending Machines.

Commissioner Dempsey suggested that the City should support School District No. 68's initiative for healthy food in vending machines by putting healthier food in the Nanaimo Aquatic Centre (NAC) vending machines, as well as in other recreation facilities. PARKS, RECREATION AND CULTURE COMMISSION 2007-OCT-03 PAGE 7

Commissioner Fraser recommended that the City needs to make a strong statement for healthy living by removing junk food from recreation facilities.

It was moved and seconded that the Parks, Recreation and Culture Commission direct staff to support School District No. 68's initiative for healthy food in vending machines by having healthy food choices in the Nanaimo Aquatic Centre's vending machines, as well as all other vending machines in City facilities; and further, that staff prepare a report advising of actions taken regarding implementing healthy food choices in department facilities. The motion carried unanimously.

Commissioner Lance noted that the Port Theatre attendance report appears to have errors and asked Mr. Harding to check with the Port Theatre General Manager.

It was moved and seconded that Other Business Items be received. The motion carried unanimously.

14. BUSINESS ARISING FROM DELEGATIONS:

15. UNFINISHED BUSINESS:

(a) Nanaimo Christian School Request for Joint Use of Holland Road Park - referred to Parks Committee for consideration in Spring 2008.

(b) Bowen Side Channel Interpretive Plan - staff report requested (January 2008).

16. QUESTION PERIOD:

17. ADJOURNMENT:

It was moved and seconded at 8:05 p.m. that the meeting terminate, with the next Meeting of Commission to be held Wednesday, 2007-OCT-24, commencing at 7:00 p.m. in the Conference Room of the Bowen Park Complex; and,

With the next meeting of the Cultural Committee to be held Wednesday, 2007-NOV-07, commencing at 4:00 p.m. in the Conference Room of the Bowen Park Complex; and,

With the next meeting of the Recreation Committee to be held, if required, Wednesday, 2007-NOV-14, commencing at 4:00 p.m. in the Conference Room of the Bowen Park Complex; and,

With the next meeting of the Parks Committee to be held, if required, Thursday, 2007-NOV-15, commencing at 4:00 p.m. in the Conference Room of the Bowen Park Complex. PARKS, RECREATION AND CULTURE COMMISSION 2007-OCT-03 PAGE 8

The motion carried unanimously.

L. McNabb, Chair Parks, Recreation and Culture Commission

CERTIFIED CORRECT: *

R. Harding, Director Parks, Recreation and Culture STAFF REPORT

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

FROM: R. GRANT, DEVELOPMENT APPROVALS MANAGER, DSD

RE: SUBDIVISION APPROVAL - PARK AND CASH-IN-LIEU 2695 LABIEUX ROAD (SUB00674)

STAFF'S RECOMMENDATION:

' That Council approve the payment of cash-in-lieu of park for the subdivision of lands as described below:

Lot 1, Section 20, Range 5, Mountain District, Plan 13833 Civic Address: 2695 Labieux Road (SUB00674)

EXECUTIVE SUMMARY:

The City's Approving Officer coordinates the review of subdivision applications to ensure City bylaws and policies, as well as statutory requirements applicable to the subdivision of lands, are addressed.

As part of this review, the Parks, Recreation & Culture Department makes recommendations with respect to whether the City should acquire parkland or take cash-in-lieu, or a combination of the two options.

This subdivision proposes the creation of 7 single family lots zoned RS-1 (Single Family Residential Zone).

Dedication of the statutory requirement of 5% of the parent parcel (approximately 396 m2/ 4,260 ft2) would yield parkland too small to be functional. This subdivision is also in close proximity to Ravine Park, Divers Lake Park, Ardoon Place Playlot, Horth Park, Shenton Park and Divers Beach Park. Accordingly, the payment of cash-in-lieu of park is recommended with the approval of the subdivision as presented in the attached concept plan (Schedules A & B).

BACKGROUND:

Section 941 of the Local Government Act allows the City to authorize a subdividor to dedicate lands to the community for parkland, or pay the cash-in-lieu equivalent thereof (or a combination of both), for any subdivision where the following criteria apply: a) the subdivision would result in 3 or more lots being created; and

47 Page 2

b) the smallest lot being created is less than 2 hectares; or c) a subdivision creating fewer than 3 or more lots where the parcel proposed to be subdivided was itself created by subdivision within the past 5 years.

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

Respectfully submitteg,

Rick Grant ndrew Tucker Development Approvals Manager sDirector of Planning Development Services Division Development Services Division

JHIRGllrlhd Council: 2007-NOV-19 Prospero Attachment: SUB00674

FOR CljY MANAGER'S SCHEDULE A

Diver Lake

...... Location Plan ...... Parks ...... File: SUB00674 Civic: 2695 Labieux Road SCHEDULE "B"

Plan of proposed subdivision of Lot I, Serf ion 20, Ranqe 5, Noun fa in D is fr ic f, Plan 13833.

Scale 1:750 All distances in metres

( OCT 182bm I W. R. Hutchinson Land Surveying Ltd. CITY OF NANAIMO OEVUOPMENT SERVICES 512 Wentworth St., ENGINEERING DIVISION Nana irno, 0. C. V9R 3E4 , 753-2921 File M-20-5-6 May 4, 2Q07. STAFF REPORT

TO: A. TUCKER, DIRECTOR, PLANNING AND DEVELOPMENT, DSD

FROM: D. LINDSAY, MANAGER, PLANNING DIVISION, DSD

RE: DVP124 - 727 MILLSTONE AVENUE

STAFF'S RECOMMENDATION:

That Council direct Staff to proceed with the required Statutory Notification for Development Variance Permit No. DVP124 at 727 Millstone Avenue to convert the existing detached garage into a secondary suite.

EXECUTIVE SUMMARY:

The City of Nanaimo has received a Development Variance Permit Application from Patricia Jennings to vary the requirement to contain a secondary suite within the principal dwelling as regulated in Part 5, Section 5.12 "Secondary Suites", of the Zoning Bylaw. The applicant proposes to locate the secondary suite in an existing accessory building.

Given the applicant has support of the surrounding property owners and/or occupants; the garage structure is existing and therefore not out of character with the surrounding homes; and ample onsite parking is available, Staff support the variance and recommend that Council consider the application and direct Staff to proceed with Statutory Notification.

BACKGROUND:

Subject Property The subject property is a corner lot situated at the Millstone Avenue and Hunter Street intersection (Schedule 'A'). The lot size is approximately 1431 m2 (0.3 acres) as it is made up of two separate legal lots. The subject site is occupied by a single family dwelling that straddles both legal lots. Pedestrian and vehicle accesses are located off of Millstone Avenue; in addition, an accessory building (garage) with vehicle access is located along the Hunter Street frontage. The detached garage is setback 2.0 m (6.5 ft) from the western property line and is setback 2.0 m from the property line fronting Hunter Street. The garage is approximately 52 m2 (560 ft2). Building Permit 41 1801 was issued in 1993 for the construction of the garage. See Schedule 'By.

Proposed Development The applicant proposes to convert the existing detached garage into a secondary suite. The proposed secondary suite has an internal open studio plan. The proposed suite complies with the maximum floor area restrictions of the Zoning Bylaw. W~ounci~ iigmiattem W CP Committee...,...... Delegation CB 8'6~eetlng Rodamation O B IdmMq CweP

51 mk&:~7- m-(,4,,, ,, Applicants Rationale A copy of the owner's letter of rationale is attached as Schedule 'C'.

Proposed Variances The Secondary Suites Regulation, Section 5.12 of Zoning Bylaw 4000, specifies that the secondary suite be completely contained within the principal dwelling, and shall not be located within an accessory building. The proposed variance is to locate the secondary suite within an accessory building.

Staff Comment A secondary unit in a detached accessory building; often referred to as a "Granny Flat", "Carriage House" or "Garden Home", are allowed in many jurisdictions and are often found in new urbanist communities in response to goals of densification, affordability and urban form. While Nanaimo's current bylaw limits the location of secondary suites to within the primary dwelling, Staff do believe detached suites are a valid tool for achieving sensitive densification and should be considered as a further housing option.

The secondary suite use is a permitted use in the zone and the garage is an existing structure that will not impact the character of the surrounding neighbourhood. In terms of the parking arrangements, there is sufficient on-site parking for both the principal dwelling and the secondary suite. Staff is of the opinion that the dwelling unit will not negatively impact the surrounding neighbourhood and will not result in a development that is out of character with homes in the area. As such, Staff support the variance and recommend that Council consider this application.

1A. Tuc er Director, Planning and Development Development Services Department

SSlctb Council: 2007-NOV-19 MANAGERS Prospero Attachment: DVP00124 SCHEDULE A

DEVELOPMENT VARIANCE PERMIT NO. DVP00124 LOCATION PLAN Civic: 727 Millstone Avenue

Subject Property Development Permit No. DVP00124 Schedule B 727 Millstone Avenue Site Plan I Re: Application for Permit-Jennings DEVfLfij-~~SEWICES

(1) The proposed variance is to Part 5: To permit a secondary suite within a detached dwelling with separate access.

(2) The purpose of my request is to enable me to remain in my house for the rest of my years. The secondary suite would provide extra security for me by having another presence on the property; as well as generating additional income to pay for future maintenance should I no longer be able to perform all the tasks I presently do. This is my home.

I have been a resident of this neighbourhood for over forty years, with my family home being only a few blocks down the street. As a child, I would take my dog for walks up and down the streets and alleys of this neighbourhood and dream of which house I would own when I grew up. Needless to say, my first home purchase was two blocks away from here on Northumberland Ave. where I lived for two years before upgrading to a larger home---three doors down! I was there for eight years until receiving an expropriation order from School District 68. They required my property and that of two other neighbours in order to develop a playing field in scale to the new renovation and rebuilding of Brechin School. Finding a replacement was difficult as my husband and I were focused on a small radius where we wanted to live, and also wanted an existing workshop or area to build one as he was running a windowlrenovation business. Although it was never one of my favourite homes in the area, when my present home came on the market we jumped at the opportunity to purchase it in late 1991.

------.------. - .- - .- - - - - Unfortunately, the legal battles with S.D. 68 were not settled until early 1993. when we finally received payment for the Northumberland residence and were financially able to proceed with construction of the workshop. As the building was deemed to be too high and too close to the adjacent property line and to the street, we had to obtain the permission/approval of the neighbours, redraw and resubmit our plans to a Board of Variance. They were finally approved in June of 1993 and construction of the existing workshop was completed and licensed to operate as a home-based business. This usage continued until 1998 when my husband and I separated and he departed to his native New Zealand. From that time until June of this year I had rented the space as a storage facility for $150./month.

When I finally succeeded in paying off my mortgage early in March of 2006, I wanted to invest my saved dollars back into the house. I knew of several people who were either tenants or owners of "detached cottages" that were renting from $650-$750 per month., a nice sum to add to my monthly retirement income in the future. I contacted my next door neighbour (whose house is directly beside me and would be the most impacted by the renovation) as he is a contractorlbuilder and I knew and trusted his workmanship. Work commenced in July, with the removal of the overhead door, construction of a concrete curb, roughed in plumbing, and some interior framing. I also was fortunate enough to purchase an entire kitchen fiom a co-worker who was renovating her condo and it is being held in storage. On August 17", I was issued a Stop Work order. Plans were redrawn and resubmitted to allow the renovation of the shop into an "artist's studio"; with no cooking facilities and not to be used as a dwelling unit. I paid for the permit as I could not just leave the shop in its present derelict condition, unsightly and useless for storage of vehicles or anything else with the overhead door removed and boarded over.

This is not satisfactory, and does not achieve my goal of maintaining the integrity of the neighbourhood by allowing me to remain in my residence for as long as possible. I have the full support of my neighbours as they recognize the heart and soul and hard work I pour into my house and grounds, and how there would be no negative impact from my proposal.

In essence:

**Primary residence to be occupied solely by the owner, with one personal vehicle utilizing the Millstone Ave. driveway arid access

**Secondary residence to be occupied by a carefully selected single renter with no more than one vehicle utilizing the Hunter St. driveway and access

**Total impact: Two persons, two vehicles, two residences on two city lots

STAFF REPORT

TO: A. TUCKER, DIRECTOR, PLANNING AND DEVELOPMENT, DSD

FROM: D. LINDSAY, MANAGER, PLANNING DIVISION, DSD

RE: DVP125 - 4648 LAGUNA WAY w~u~il Agmbh :w 61 Comm~w...,.,.,... Delaon 5 mamarJon h4am Meting CmmpmdenceQ STAFF'S RECOMMENDATION: mg Rat&: &Q&5-&??U: 1q

That Council direct Staff to proceed with the required Statutory Notification for Development Variance Permit No. DVP125 at 4648 Laguna Way. The applicant is requesting to vary the gross floor area from the maximum 390.18 square metres (4,200 square feet) to 453.35 square metres (4,880 square feet), a variance of 63.1 7 square metres (680 square feet) and vary the maximum height measured from curb level from, 5 metres (16.4 feet) to 5.3 metres (17.4 feet), a variance of 0.3 metres (1 foot).

EXECUTIVE SUMMARY:

The City of Nanaimo has received a Development Variance Permit Application from Dueck General Contracting, on behalf of Glen and Linda Harvey, to vary the gross floor area in the Steep Slope Residential Zone (RS-7) from 390.18 square metres (4,200 square feet) to 453.35 square metres (4,880 square feet), a variance of 63.17 square feet (680 square feet) and to vary the height of a principal building measured from curb level from 5 metres (16.4 feet) to 5.3 metres (17.4 feet), a variance of 0.3 metres (1 foot). The applicant is requesting the variance in order to permit a single family home currently under construction.

The design of the new building is in character with those in the surrounding neighbourhood. As the height variance only applies to the peak or ridge line of the roof, Staff is of the opinion that the dwelling unit will not significantly impact existing views. As such, Staff support the variance and recommend that Council consider this application.

BACKGROUND:

Subject Property The single family dwelling is located within a new subdivision at the corner of Lost Lake Road and Laguna Way. The majority of the surrounding lots are currently vacant. The City of Nanaimo currently has two active building permits for the lots on either side of the subject property. The height, scale and design of the proposed dwelling is in character with that of the two proposed dwelling units on either side of the subject property.

Proposed Development The single family dwelling, ,currently under construction, will consist of a single storey on the front elevation with an 8/12 roof pitch. The rear elevation is two storeys plus a crawl space. Due to an error in construction, the house was constructed over height and over size due to the Page 2

joist being placed above foundation instead of beveled into the foundation. This resulted in the crawl space being over 5 feet in height and therefore included in the calculation of gross floor area.

Applicants Rationale A copy of the builder's letter of rational is attached as Schedule F. A letter from the property owner is also attached as Schedule G.

Proposed Variances The existing zoning limits homes to a 0.55 Floor Area Ratio (FAR) and a maximum Gross Floor Area (GFA) of 309.18 square metres (4,200 square feet). The proposed house is under the .55 (FAR) requirement but over the (GFA) cap of 390 square metres (4,200 square feet) by 63.1 7 square metres (680 square feet); and as such, a variance is required. Within the RS-7 Zone, on lots less than 1,666.66 square metres (17,940 square feet), the height of principal dwelling may be measured from curb level of the highest street abutting the property. The maximum height for a single family dwelling measured from curb, is 5 metres (16.4 feet). The proposed house is 5.3 metres (17.4 feet) from curb height; therefore a variance of 0.3 metres (1 foot) is required.

Staff Comment The subject dwelling unit is over height and over size due to an error during the construction of the dwelling. The joists being incorrectly placed above the foundation subsequently resulted in the crawl space height being over 5 feet and therefore included into the gross floor area. As well, the joist being placed above the foundation also resulted in the building being over height.

Respectfully submitted,

Director, Planning and Development ~evelo~mentservices Department Development Services Department

DSlctb Council: 2007-NOV-19 Prospero Attachment: DVP00125 DEVELOPMENT PERMIT NO. DVP00125 v,A SUBJECT LOCATION PLAN lLLLl PROPERTY Civic: 4648 Laguna Way Lot 9, District Lot 55, Wellington District, NORTH Plan VIP82382 SCALE 1: 25C Development Permit No. DVP00125 Schedule B LOT DIMENSIONS 4648 Laguna Way C IV IC ADDRESS: Height Survey F I NOTES: \ V~PB'L'Ud - ...- / / ELEVATION DATUM IS DERIVED FROM - ...- INTEGRATED SURVEY CONTROL MONUMENTS...... / ......

/ ...... - k I)"-

PLAN VIP82382 a7CI %{ 5 n 0 LOT 10 I) UJ zm PLAN VIP82382 z

VARIANCE CALCULATION

ACTUAL ROOF PEAK 114. 25

LOT PLAN VI

DN~~WE~SERVjCES

" THIS PLAN PURPORTS TO POSITION ONLY THE ACTUAL AND/OR PROPOSED IMPROVEMENT(S) SHOWN RELATIVE THIS PARCEL MAY BE SUBJECT TO REGISTERED CHARGES: TO ONLY THE BOUNDARIES SHOWN OF OR APPURTENANT STATUTORY BUILDING SCHEME FA149250 - TO THE ABOVE DESCRIBED PARCEL(S1. - COVENANTS FA149233 8 FA149235 THIS PLAN PROVIDES NO WARRANTY OR REPRESENTATION - STATUTORY RIGHT OF WAY FA149243 WHATSOEVER WITH RESPECT TO THE LOCATION OF ANY THIS PLAN DOES NOT PURPORT TO VERIFY OTHER ACTUAL OR PROPOSED IMPROVEMENT (S) RELATIVE COMPLIANCE WITH THE RESTRICTIONS THEREIN. TO ANY BOUNDARY OF OR APPURTENANT TO THE ABOVE DESCRIBED PARCEL (S) . THE SIGNATORY ACCEPTS NO RESPONSIBILITY OR THIS PLAN IS NOT TO BE USED TO RE-ESTABLISH LIABILITY FOR ANY DAMAGES THAT MAY BE SUFFERED BOUNDARY LINES BY A THIRD PARTY AS A RESULT OF ANY DECISIONS MADE. OR ACTIONS TAKEN BASE0 ON THIS DOCUMENT. THIS BUILDING LOCATION CERTIFICATE HAS BEEN PREPARED IN ACCORDANCE WITH THE MANUAL OF 60 STANDARD PRACTICE AND IS CERTIFIED CORRECT THIC nATF nF. nrTnRFO 71 3AA7

Developmenf Permit No. DVP00125 Schedule F , "mhguna way Builders Letter of Rationale

DGC Contractors Ltd. #3 - 4515 Upland Drive Nanaimo, BC V9T 6M8 Ph: 250-756-4480 Fax: 250-756-4428 email: [email protected]

Nov. 5,2007

RE: 4648 Laguna Way

We write this letter to request the following:

- variance of .3m or (1 1 13/16") in the height of the house - gross floor area variance of 680 sqft for the crawlspace

Our reasons for requesting this are:

- this variance will avoid a 'flat-top' roof in this case which the neighborhood views as less appealing than allowing the house as it stands - this house was constructed over height by the joists being placed above the foundation instead of corbelled level with the foundation - there is no advantage to the home-owners or us (the contractors) which instigated this - this over height has necessitated the development variance for the gross floor area

Attached are: - all neighbors support of application -. survey noting height variance - photo's showing home - owners letter - gross floor area calculation -

Thank You for your consideration, if you have any questions please feel free to call me.

air ueck Dueck General Contracting Office 756-4480 Cell 755-9540 Development Permit No. DVP00125 4648 Laguna Way

Nov 7,2007 Nanaimo, BC

City of Nanaimo

Re: Application for Variance at 4648 Laguna Way

We are the owners of the above property and understand the crawl space in the sub-basement is over 5 feet in height.

We have retired to Nanaimo fiom Saskatchewan and plan to live in this house for 251- years. We certainly don't plan to use any of the crawl space in our house for living space, only for storage. Infact, we do not plan to use any of the sub basement for living space even the portion that is 8 feet high. We have not even put roughed plumbing in the sub-basement level. We have more than enough space with the 3300 sq ft of developed area on the main and basement level.

We ask that you please give favourable consideration to our request for Variance.

Yours truly, Development Permif No. DVP00125 4648 Laguna Way

I/we do hereby appeal to the Board of Variance under Part 26, Section 901, of the Municipal Act of the Province of British Columbia to:

Describe Variance: - Reason for Variance:

Address of Property: knm-w Legal Description: . %I?K%3BZ

In support of this appeal I/we attach the following information necessary to confirm the nature and extent of this appeal: 0 Written explanation (point form) addressed to the Board of Variance describing the reasons why a variance is required Dimensioned site (survey) plan - required for setback variances 0 Height survey, noting building corner elevations used to determine average natural grade - required for height variances 0 Also included is an Application Fee of $100.00 (no GST) to be submitted with this application

If this variance is required to legalize a building or structure that has whether or not a valid Building Permit was issued before construction began. ) (3 No

Print Name of Agent/ " 3 Ij>/)- d a 1- Dr. Mailing Address 22-0 - 3s-i$- Phone Number (home and work) Phone Number (home and work)

Consent of Neighbors: We the undersigned have been advised of the appeal and have examined the provided information and are familiar with the nature and extent of the appeal. We are the owners of property adjacent to the property of which this appeal is being made. We offer no objection whatsoever to the granting of the variance asked for in the appeal. Civic Address I

w NOTE: 1. In order for a Variance to remain valid, a build in^- -permit must be issued within three (3). . months of the appeal- - date. This time limit may be increased or decreased, for a given appeal, at the Board's discretion. 2 A relaxation by the Board of Variance applies only io the City of Nanaimo Bylaws specified - the Board does not have the authority to waive or relax any rules or requirements that involve Section 901(3) of the Municipal Act.

OFFICE USE Property is Zoned: Application Checklist Bylaw section & requirement: Comments: 0 Written Rational Survey 0 Application Fee 0 Consent of Neighbors g:/devplan/ forms/ bov/appeal Appeal NO.: w vur

Development Permit No. DVP00125 4648 Laguna Way Neighbours Consent to Height Variance

i/we do hereby appeal m tlu Board of Variance undex Pan 26, Sction 901, of the Municipal Act of the Province of Britkh Columbia to: i1 Desaibe Variance: &W hei4k. i u

Reason for Variance: L 3

Address of Property: Legal Description:

In support of this appeal I/we attach the fonowing information necessary to confirm the nature and extent of this appeal:

U Written explanation (point fonn) addressed €0the Bodof Variance describing the reasons why a variance is required O Dimensioned site (survey) plan - required for setback variances (3 Height survey, noting building comer elevations used to determine average nntural grade - required for height variances D Also incIuded is an AppIication Fee of $100.00 (no GST) to be submitted with this application

If this variance is required to iegalize a btdding or structure that has already been constructed, lease indicate whether or not a vaIid Building Permit was issued before construction began rermit~o:11 ??4 ) 13No .

- Phone Number (home and work) Phone Number (home and work)

Consent of Neighbors We the undersigned have been advised of the appeal and have examined the provided informationand are familiar with the nature and extent of the appeal We are the owners of property adjacent to the property of which this appeal is bein!; made. We offer no objection whatsoever to the granting of the variance asked for in the appcd. Owner's Name (please print) Civic ~ddress

m: I. In order for a Variance to remain valid, a building permit must be issued within he(3) months of the appeal date. This time Iimit may be increased or decreased, for a given appeal, at d~eBoard's discrefion. 2 A relaxation granted by the Board of Variance applies ody to the City of Nanaimo Bylaws specrfied - the Board does not have tlre authority to waive or reIax any rules or requirements that involve Section 901(3) of the Municipal Act.

OFFICE USE Property is Zoned: Application Checklist Bylaw section Rr requiren~ent: Con~ments: Written Rational a Survey U Application Fee 0 Consent of Neighbors Appeal No.: - STAFF REPORT

REPORT TO: A. TUCKER, DIRECTOR, PLANNING & DEVELOPMENT, DSD

FROM: D. LINDSAY, MANAGER, PLANNING DIVISION, DSD

RE: CITY OF NANAIMO ZONING BYLAW HOUSEKEEPING AMENDMENTS

STAFF'S RECOMMENDATION:

That Council consider First and Second Readings to "ZONING BYLAW AMENDMENT 2007 NO. 4000.425".

EXECUTIVE SUMMARY:

Amendment Bylaw 4000.425, if adopted will make a number of changes to the City of Nanaimo Zoning Bylaw 1993 No. 4000. The changes are primarily intended to ensure the Bylaw does not discriminate between users of the land and instead only regulates the use of the land.

BACKGROUND:

A recent British Columbia Court of Appeal decision involving School District 61 versus District of Oak Bay has held that Zoning Bylaws that rely on the use of terms such as ilCivic" or "Public" are unlawful as they discriminate between users. The Court ruling emphasized that the Local Government Act does not authorize a municipality to regulate the user of land or who uses a property, but rather only the use of land.

This ruling poses a potential problem regarding the City of Nanaimo's Zoning Bylaw which relies heavily upon the qualifier that the uses are permitted subject to being operated by a "public" or "government" body. Based on this ruling Council previously directed Staff to review the existing Zoning Bylaw and specifically the definition of "Civic Use" in order to determine necessary amendments. A review of the Zoning Bylaw has been completed and has resulted in a number of proposed changes (see Schedule 'A').

Parks Zoning Also on this evening's agenda is a separate but related report from the Parks, Recreation and Culture Commission and the association amendment regarding zoning for parkland. Parks zoning is related to the issue of Use versus User as the current definition of "Park" refers to government- owned land permitted in all zones. The subject bylaw will remove the current definition of "Park" and "Civic Use", while Bylaw 4000.426 (the parks bylaw) will create three parks zones and three definitions to reflect the uses permitted within these zones. munci i W 0 ComW.".." .--.. Megaon P -Meeting Proclamation Cl h-CammMig CoqmdenceO MmhgOm: db7-/\l0JLt9 Rezoning Advisory Committee (RAC) The proposed amendments were presented to the RAC on 2007-NOV-01. During the meeting the Committee unanimously supported the amendments as proposed. Staff concur with RAC and recommend that Council consider First and Second reading to the associated Amendment Bylaw.

Respectfully submitted,

*Director,' A. nning & Development Development Services Department Development Services Department

DS/pm Council: 2007-NOV9 3900-30-ZA 1-78 Schedule A

Section Existing wording Proposed Change

Lot area requirements do not apply to a lot 1 Remove the term 'public'' created for an unattended public utility unattended shall mean there is no attendant or employee present on the lot.

3.6.1. The following uses are permitted in Remove the term "public" and all zones: replace "Civic Use" with proposed 3.6.1.1. Civic uses subject to the new definition of "General regulations contained in the Institutional Use" (P-2) Public Institution Zone. 3.6.1.2. Utility corridors including highways, gas lines, telephone lines, electrical lines, and railways. 3.6.1.3. . Unattended public utility buildings. In this case, unattended shall mean there is no attendant or employee present on the lot. 3.6.1.4. Nature Sanctuary

Definition of "Civic Use": Definition of "General Intuitional Use": "CIVIC USE" - means the use of a "GENERAL INSTITUTIONAL USE1'- building, structure, or lot for the following means the use of lands, buildings or public functions which are under the structures for: police, ambulance auspices of a public body: elementary and fire stations; courts of law; and secondary schools, fire stations, legislative chambers and offices, police stations, ambulance stations and all archives and meeting rooms functions and uses under the auspices of ancillary thereto whether on the the City of Nanaimo, The Regional same property or not; utilities; nature District of Nanaimo, or The Greater parks; and community parks. Nanaimo Water District, with the exception of sanitary landfills, sewage treatment plants, and waste transfer stations.

Definition of "Caretakers Dwelling Unit": Remove definition from the Bylaw "CARETAKER'S DWELLING UNIT" - means a single family dwelling or mobile home which is used as a residence by a caretaker or watchman or which is merely inhabited in order to provide added security to the premises.

Definition of "Highway": Proposed definition of "Highway": "HIGHWAY- includes a public street, "HIGHWAY- includes a street, path, walkway, trail, lane, bridge, road, path, walkway, trail, lane, bridge, thoroughfare and any other public way. It road, thoroughfare and any other includes a place or passageway owned transportation right-of-way, buf and operated by the City of Nanaimo for does not include a place or the purpose of providing off-street parking, passageway used exclusively by but does not include a place or pedestrian or cycle traffic. Highway passageway used only by pedestrian or includes common access within a cycle traffic. Highway includes common bare land strata plan which has access within a bare land strata plan been subdivided pursuant to the which has been subdivided pursuant to the Condominium Act, but does not Condominium Act, but does not include include other private rights-of-way other private rights-of-way on private on private property. property

Definition of Nature Centre: Remove phrase "by a public or "NATURE CENTRE" - means the use of non-profit group or organization" land, buildings or structures for the use of educational programs and tours, special events and exhibits, galleries and theatres, and accessory offices, and operated accessory to a Nature Sanctuary by a public or non-profit group or organization.

Definition of Nature Sanctuary: Proposed definition of Nal 'NATURE SANCTUARY" - means the Sanctuary: on-commercial use of land, buildings or "NATURE SANCTUARY- means structures for the preservation of plant and the non-commercial use of land, animal life, operated by a public or non- buildings or structures for the orofit group or organization, and may preservation of plant and animal life Aso include, as accessory uses, Nature and may also include, as accessory Zentre and Caretaker's Dwelling Unit. uses, Nature Centre and Caretaker's Dwelling Unit lefinition of Park: Remove definition from Bylaw 'PARK - means a government owned lot Definition to be replaced with ~hichis used or intended to be used for three new Park definitions which .ecreation and enjoyment of the public and will be created during the Parks nay be developed with recreational Zoning Amendment Bylaw. acilities or may be in a natural state. Definition of Public Utilities: Definition of Utilities: "PUBLIC UTILITIES - means utilities whict "UTILITIES"- means the use ol are operated by the City of Nanaimo or tht lands, buildings or structures fo~ Regional District of Nanaimo, the Greate, utilities which furnishes service: Nanaimo Water District or are regulate( and facilities available at approvec under the Utilities Commission Act. Suct rates to or for the use of the utilities include a system, works, plant inhabitants of the City. Suct- equipment or service, owned and operated b~ services and facilities shall be or for the City, or by a corporation unde limited to the production, agreement with or under a franchise from transmission, delivery or furnishing the City, or under a Federal or Provincia of water, gas, electricity or statute which furnishes services and facilitie: communication to the public; available at approved rates to or for the use collection and disposal of sewage, of the inhabitants of the City, including but no garbage, and other waste; local limited to: transportation by bus, trolley, or (1) public transportation by bus or trolleq other vehicle which operate coach or other vehicles; scheduled services for the public a1 (2) production, transmission, delivery or large. furnishing of water, gas, electricity 01 communication to the public at large; (3) collection and disposal of sewage garbage, and other waste.

Definition of School- Public and School- Priva Definition of School- Academic "SCHOOL - PRIVATE" - means an academic "SCHOOL- ACADEMICn- Means an school for grades 1 to 12 not being a public institution with no residential school. component or temporary "SCHOOL - PUBLIC" - means a public school accommodation, providing a as defined by the Schools Act. curriculum, for academic instruction up to completion of Grade 12, and which consists of a body of students, organized as a unit for educational purposes. Students attending the school shall have an opportunity to earn a diploma provided by the British Columbia Ministry of Education.

Definition of School- Commercial: Proposed definition of School- 'SCHOOL - COMMERCIAL" - means the Commercial: Jse of land and buildings as a school "SCHOOL- COMMERCIAL"- means zonducted for hire or gain other than a the use of land and buildings as a private academic, religious, or school conducted for hire or gain philanthropic school, and includes a other then an academic school, and jance studio, an art school, golf school, includes a dance studio, an art School of callisthenics, business school, school, golf school, school of nusic school, martial arts school, computer callisthenics, business school, :raining centre, and any other specialized language school, music school, jchool conducted for hire or gain. For the martial arts school, animal training, purposes of this Bylaw Commercial School computer training centre, and an includes Animal Training. other specialized school conductec for hire or gain.

Definition of "Private- Restaurant": Remove definition from the Bylaw "PRIVATE RESTAURANT" - means a building or lot or portion thereof used or intended to be used for the purpose of providing meals to tenants or guests residing in the same building.

Definition of "Private Recreation Facility": Remove definition from the Bylaw "PRIVATE RECREATIONAL FACILITY- means a recreational facility provided for the use of residents or guests, residing on a permanent or temporary basis, on the same lot

- - --

Definition of "Micro- Brewery": Definition of "Micro- Brewery": "MICRO-BREWERY" - means a small scale "MICRO- BREWERY- means 2 brewery dedicated to producing low small scale brewery dedicated tc volumes of high quality beer for sale to a producing low volumes of higt number of licensed establishments andlor quality beer for sale to a number o government liquor stores, but often licensed establishments and101 confined to a relatively small geographic licensed liquor stores, but ofter area confined to a relatively smal geographic area.

Definition of "Private Hospital": Definition of "Hospital": "PRIVATE HOSPITAL" - means a use or "HOSPITAL"- means a use or intended use of lands and buildings as intended use of lands and buildings defined in the Hospital Act, but not as defined in the Hospital Act. operated as a government institution.

Temporary structures: Remove phrase "private or public" 5.6.1. The following uses, buildings or structures are permitted to the extent specifically stated: 5.6.1.1. Temporary structures or buildings erected for the purpose of: (e) the storage of materials for the construction or maintenance of any private or public utility, or a building or structure for which a required building permit has been obtained; provided the temporary structure or building is removed within 30 days of completion of the permanent utility, building or structure or 12 months after the temporary building is erected or installed, whichever is the lesser period.

5.6.1.2. Temporary buildings or structures for Replace the term 'public schools' classrooms on property zoned for public with 'academic schools' schools and subject to the parking requirements for the facility.

5.9.5. Open mesh or chain link type fences Open mesh or chain link type fences erected on tennis courts, public swimming erected on a nature park, pools, public parks, playgrounds, public community park, city park, academic schools, public utilities on properties school, utility, and properties zoned zoned lndustrial are exempt from height lndustrial are exempt from height restrictions. restrictions.

5.1 6.2.1 The residential shelter is operated by a Remove Subsection from the Bylaw non-profit society or is licensed or operated by a Provincial or Federal Agency.

6.5.1. Permitted use: Replace the permitted use of Administration and Recreation 'Administration and Recreation Buildings for the Strata Corporation Buildings for the Strata Corporation' with 'Administration and Recreation Buildings Accessory to a Strata Use'

8.2.1; Permitted Use: Replace with the permitted use of 8.3.1; Caretaker's Dwelling Unit 'Accessory Dwelling Unit' 9.13.1; 10.2.1; 10.3.1; 11.2.1; 11.3.1; 11.4.1; 11.5.1;

9.10.2.2 Residential hotels may include a private Residential hotels may include a restaurant or dining area for the use of dining area or accessory restaurant patron's provided the restaurant or dinning resident therein. area is completely contained within the Residential Hotel and can only be accessed from within the Residential Hotel.

Permitted Uses: Replace the term 'Private School' Private School with 'Academic School' and the Publicl Private Hospital term 'Public1 Private Hospital' with 'Hospital'

Permitted Uses: Reword permitted uses as follows: Helicopter Landing Pads in association Helicopter Landing Pads in with PublicIPrivate Hospitals association with Hospitals Provincial and Federal Health Units and Health Units and Clinics Clinics Hospitals PublicIPrivate Hospitals Academic Schools PubliclPrivate Schools

Permitted Uses: Remove term 'Public' from the Public Utilities permitted uses of 'Public Utilities' Public Storage and Works Yard and 'Public Storage and Works Yard'

Permitted Uses: Remove the permitted uses of Airports 'Airports', 'Car and Truck Ferry Car and Truck Ferry Terminals and related Terminals and related facilities', facilities 'Seaplane Terminals, Services and Helicopter Landing Pads related facilities', 'Truck Terminal' Railway Yards and 'Bus TerminalIStations' Seaplane Terminals, Services and related facilities Add the permitted use of: Truck Terminal 'Transportation Terminal and related Unoccupied Utility Buildings facilities' Bus Terminal/Stations Transportation Equipment Industry and Storage 2007-NOV-09 STAFF REPORT

TO: A. TUCKER, DIRECTOR, PLANNING & DEVELOPMENT, DSD

FROM: D. LINDSAY, MANAGER, PLANNING DIVISION, DSD

RE: REPORT OF THE PUBLIC HEARING HELD THURSDAY, 2007-NOV-01 FOR BYLAWS NO. 4000.423,4000.424 AND 6000.073

STAFF'S RECOMMENDATION:

That Council receive this report and the minutes of the Public Hearing held on Thursday, 2007-NOV-01.

EXECUTIVE SUMMARY:

A Public Hearing was held on 2007-NOV-01, the subject of which was three items. Seven members of the public were in attendance. Minutes of the Public Hearing are attached.

Uouncir W BACKGROUND: Camminee...... Belegation P Wq Proclamation 8 I. BYLAW NO. 4000.423: w@en !kh?aqm~&-sPlMmmMpe(i ConqmdenceO RA 196 - 5190 Dunster Road

This bylaw, if adopted, will rezone property from Single Family Residential Zone (RS-1) to Residential Duplex Zone (RM-1) in order to permit a duplex. The subject property is legally described as LOT 5, SECTION 4. RANGE 4, WELLINGTON DISTRICT, PLAN VIP80527.

This application appears before Council this evening for consideration of Third Reading.

No written or verbal submissions were received for this Bylaw.

2. BYLAW NO. 4000.424:

RAl97- 4775 and 4777 Hammond Bay Road

This bylaw, if adopted, will rezone a portion of the property from Residential Duplex Zone (RM-1) to Single Family Residential Zone (RS-1) in order to permit a three-lot residential subdivision, with two single family lots proposed to front along Gulfview Drive, and the existing duplex to remain along Hammond Bay Road. The subject property is legally described as LOT 3, DISTRICT LOT 51, WELLINGTON DISTRICT, PLAN 20283.

This application appears before Council this evening for consideration of Third Reading and Adoption.

No written or verbal submissions were received for this Bylaw. Staff Report Page 2

3. BYLAW NO. 6000.073:

OCP30 - 14 1 Westwood Road

This bylaw, if adopted, will amend Schedule A (Future Land Use and Mobility) of the "OFFICIAL COMMUNITY PLAN BYLAW 1996 N0.6000" by realigning the Urban Containment Boundary (UCB) and redesignating the subject property from "Rural Resource Lands" to "Suburban Neighbourhood" to allow for future subdivision. The subject property is legally described as THAT PART OF LOT 10, SECTION 14, RANGE 7, MOUNTAIN DISTRICT, PLAN 2494, SHOWN OUTLINED IN RED ON PLAN 914R, EXCEPT THOSE PARTS IN PLANS VIP58984 AND VIP60427.

This application appears before Council this evening for consideration of Third Reading and Adoption.

No written or verbal submissions were received for this Bylaw.

Respectfully submitted, /'

@@ ent Services Department

/Pm Council: 2007-NOV-19 G:\DEVPLAN\F/LESMDM/N\0575\20Reports\2007Nov01PHRptdoc MINUTES OF THE PUBLIC HEARING HELD PURSUANT TO THE LOCAL GOVERNMENT ACT IN THE BOARD CHAMBERS OF THE REGIONAL DISTRICT OF NANAIMO, 6300 HAMMOND BAY ROAD, NANAIMO, BC, ON THURSDAY, 2007-NOV-01, TO CONSIDER AMENDMENTS TO THE CITY OF NANAIMO "OFFICIAL COMMUNITY PLAN BYLAW 1996 NO. 6000"

PRESENT: Councillor W.L. Bestwick Councillor M.D. Brennan Councillor J.D. Cameron Councillor L.D. McNabb

REGRETS: Mayor G.R. Korpan Councillor W.J. Holdom Councillor C.S. Manhas Councillor L.J. Sherry Councillor W.M. Unger

STAFF: D. Lindsay, Manager, Planning Division, DSD S. Smith, Planner, Planning Division, DSD P. Masse, Planning Clerk, Planning Division, DSD

PUBLIC: There were seven members of the public present.

CALL TO ORDER:

Councillor McNabb called the meeting to order at 7:02 pm and asked Mr. Lindsay to explain the required procedure for this evening's Public Hearing. Mr. Lindsay explained the required procedure in conducting a Public Hearing and the regulations contained within Section 892 of the Local Government Act. Mr. Lindsay read the items as they appeared on the Agenda, adding that this is the final opportunity to provide input to Council before consideration of Third Reading of Bylaw No. 4000.423, and Third Reading and Adoption of Bylaws No. 4000.424 and 6000.076, at the next regularly scheduled Council meeting of 2007-NOV-19.

1. BYLAW NO. 4000.423:

RA 196 - 5190 Dunster Road

No written or verbal submissions were received for this Bylaw. Public Hearing Minutes -2-

2. BYLAW NO. 4000.424:

RA 197- 4775 and 4777 Hammond Bay Road

No written or verbal submissions were received for this Bylaw.

3. BYLAW NO. 6000.073:

OCP30 - 14 1 Wesfwood Road

This bylaw, if adopted, will amend Schedule A (Future Land Use and Mobility) of the "OFFICIAL COMMUNITY PLAN BYLAW 1996 N0.6000 by realigning the Urban Containment Boundary (UCB) and redesignating the subject property from "Rural Resource Lands" to "Suburban Neighbourhood" to allow for future subdivision. The subject property is legally described as THAT PART OF LOT 10, SECTION 14, RANGE 7, MOUNTAIN DISTRICT, PLAN 2494, SHOWN OUTLINED IN RED ON PLAN 914R, EXCEPT THOSE PARTS IN PLANS VIP58984 AND VIP60427.

No written or verbal submissions were received for this Bylaw.

MOVED by Councillor Bestwick, SECONDED by Councillor Brennan, that the meeting be adjourned at 7:08 pm.

CARRIED

Certified Correct:

Development Services Department

/pm Council: 2007-NOV-19 G:Devplan/Files/Admin/0575/2O/Minutes/20~01PHMinutes 2007-NOV-09 STAFF REPORT

TO: A. TUCKER, DIRECTOR, PLANNING & DEVELOPMENT, DSD

FROM: D. LINDSAY, MANAGER, PLANNING DIVISION, DSD

RE: RAI95 - 5160 HAMMOND BAY ROAD

STAFF'S RECOMMENDATION:

That Council: 1. consider First and Second Reading to "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.427"; and 2. direct Staff to secure the storm water management plan, erosion and sediment control plan, buildings setbacks, and the proposed community contribution as conditions of rezoning.

EXECUTIVE SUMMARY:

The City has received an application from Maureen Pilcher to rezone the subject property from Single Family Residential Zone (RS-1) to Low Density Multiple Family Residential (Townhouse) Zone (RM-3) in order to allow for the construction of twenty multiple family units.

Staff support the application and recommend that Council approve the proposed rezoning.

BACKGROUND:

Subject Property The subject property is approximately 0.81 hectares (2.0 acres) in area, and is currently occupied by a single-family dwelling (Schedule 'A'). The site fronts on Hammond Bay Road and is bordered by the Harry Wipper Park, and a single family lot, to the east; the Frank Ney Elementary School to the north; and three single family residential lots and one duplex lot to the west. Walley Creek is located to the rear of the property, with part of the associated leave strip situated within the subject site.

Official Community Plan (OCP) The subject property is designated as "Neighbourhood" according to Schedule 'A' of the Official Community Plan (OCP). The relevant policies of the OCP are as follows: Predominant uses in Neighbourhoods will be low-density residential land uses. The target gross unit density for Neighbourhoods is 15 units per hectare (6 units per acre). A target mix of 60% single-family and 40% multiple family should be used as a guide for achieving Neighbourhood densities of 15 units per hectare. Residential uses on Neighbourhood designated lands will include detached and semi- detached dwelling units, secondary suites, mobile homes, duplexes, triplexes, quadraplexes or ground oriented townhomes. In detached housing areas, infill development will be designed to complement existing neighbourhood character and will maintain the ground-oriented character of existing housing. Building height will be limited to that generally permitted by zoning for detached dwellings. Page 2

Staff is of the opinion that the proposed rezoning complies with the intent of the OCP.

Proposed Development The applicant is proposing to rezone from Single Family Residential (RS-1) to Low Density Multiple Family Residential (Townhouse) Zone (RM-3) in order to permit the construction of 20 multiple family units (Schedules 'B' and 'C'). The applicant's intention is to construct units with a floor area of approximately 107.9 m2 (1,161 ft2). The proposed development complies with the density, lot area, and lot coverage of the RM-3 Zone, as well as meeting the setback requirements for the nearby creek.

Setbacks The building setbacks along the western boundary are greater than that required by the bylaw (3.0 metres). The proposed minimum building setback is 7.0 metres; it is recommended that a covenant secure the increased building setback along the western property line.

On-Site Storm Drainage The subject property is tributary to the upper reaches of Walley Creek and therefore must incorporate Low Impact Development (LID) features into the on-site storm water management. In addition to maintaining pre-development peak flow volumes, 50% of the Mean Annual Rainfall (MAR) must be redirected instead of discharging directly into Walley Creek. Given the parking requirements for the development, treatment of storm runoff to remove oil and grit will be required prior to discharge into Walley Creek. Staff recommend that a Storm Water Management Plan be required prior to development and that this item be secured as a condition of rezoning.

Erosion & Sediment Control Given the topography of the lands and in order to ensure adequate protection of the nearby watercourse, Staff recommend that a covenant be registered as a condition of rezoning which restricts any re-grading, vegetation removal or development of the site, until such time as an erosion and sediment control program and grading plan has been submitted and approved.

Community Contribution As outlined in Section 6.2 of the Official Community Plan (OCP), in exchange for value conferred on land through rezoning, the applicant should provide a community contribution. In response to this policy, the applicant is proposing $10 000 towards the Housing Legacy Fund and $10 000 toward the Harry Wipper Trail.

Staff support this community contribution proposal and recommend that this item be secured as a condition of rezoning.

RTMENT DEVELOPMENT SERVICES DEPARTMENT Council: 2007-NOV-19 Prospero: RA 195 SCHEDULE A

Subject File : RA000195 Civic: 5160 Hammond Bay Road nProperty 5160 HAMMOND BAY ROAD Drown PROPOSED RM-5 MULTl LAYOUT Date: 10-11-07 NEWCASTLE ENGINEERING LTD \ - 83

STAFF REPORT

REPORT TO TOBY SEWARD, DIRECTOR OF PERMITS AND PROPERTIES

FROM RANDY CHURCHILL, MANAGER OF BYLAW, REGULATION AND SECURITY

RE: ANIMAL CONTROL SERVICES CONTRACT

STAFF'S RECOMMENDATIONS:

That Council:

1. authorize Staff to renew the Animal Control Services Contract with the Nanaimo Animal Shelter for an additional two-year period at an increased cost of six percent; and

2. re-tender the contract after the two year extension has expired.

EXECUTIVE SUMMARY:

The Nanaimo Animal Shelter Limited has been providing animal control services to the City of Nanaimo for the past 23 years. The Shelter is located a1260 Nanaimo Lakes Road, which is jointly owned by the City and the Greater Nanaimo Water District. The Shelter's current three year Agreement provides the option of a two-year extension, provided that the Shelter has complied with all the terms of the agreement and the two parties are able to agree on a contract price.

The Shelter has indicated that it wishes to renew the Contract for an additional two years, provided that the City agrees to a six percent increase. This would increase the contract from $335,280.00 to $355,396.80.

BACKGROUND:

Staff has been pleased with the services provided by the Animal Shelter. Their experience and knowledge of animal control matters is excellent. Without question, the Shelter has complied with the terms of the Agreement. Staff believe the Shelter's request for a six percent increase over two years is reasonable considering the cost of inflation, and that three years have passed since the agreement was last negotiated. As such, Staff is recommending that the contract with the Nanaimo Animal Shelter be extended for an additional two years and be re-tendered at the end of this two year extension.

The other available option is to re-tender the Contract at this time. As noted previously, Staff is very satisfied with the service the Animal Shelter provides and believes that the most cost effective manner in which to deal with animal control is to renew the Shelter's contract with the six percent increase. Wuncii Wh Q' GI Cornmitree ...,.....,.... Delegation Os Respectfully submitted, eMng Proclamation P 0 ln-Cmk$atiq CwFesQondenceQ mklg Date &7 -l\lov- I9 Randy Churchill TobyS64 ar Manager, Bylaw, Regulation and Security Director, Pprmits and Properties g:\reports\anirnalsheIter.doc

Council: 2007-Nov-19 2007-OCT-26 STAFF REPORT

TO: T. P. SEWARD, DIRECTOR, PERMITS AND PROPERTIES

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

RE: ILLEGAL SECONDARY SUITES AND 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:

5285 Tom's Turnabout - Illegal Construction 1 Additional Dwelling Unit mwwl agsndab Owner(s): Michael J. Carmel Q Canmime...... dm Q Crystal C. Carmel Prodamation 5285 Tom's Turnabout am-oak Cnmpadareoiq Nanaimo BC V9T 5M9 2mx- -

Legal: Strata lot 2, District Lot 49, Wellington District, Strata Plan VIS4389 together with an interest in the Common Property in proportion to the unit entitlement of the Strata Lot shown on form 1 P. I. D.: 023-871-059

The above noted property was inspected on 2007-SEP-24 as the result of a complaint. It was found that illegal construction had taken place to finish the basement and incorporate an additional Dwelling Unit in contravention of "ZONING BYLAW 1993 NO. 4000. No Building Permits were obtained for the construction in contravention of "BUILDING BYLAW 2003 NO. 5693". This property is one half of a side by side Duplex which is a Strata Property with each side having individual property titles and owners. The other half of the Strata Property also appears on this evening's Agenda, as that property owner has also added an additional Dwelling Unit within the basement.

File summary:

Received complaint Inspection completed Letter requesting removal of additional Dwelling Unit Letter advising of Council date for Section 57 Notice 5287 Tom's Turnabout - Illegal Construction IAdditional Dwelling Unit

Owner(s): Charles Gervais Lois P. Gervais 5287 Tom's Turnabout Nanaimo BC V9T 5M9

Legal: Strata lot 1, District Lot 49, Wellington District, Strata Plan VIS4389 together with an interest in the Common Property in proportion to the unit entitlement of the Strata Lot shown on form 1 P. I. D.: 023-871-041

The above noted property was inspected on 2007-SEP-24 as the result of a complaint. It was found that illegal construction had taken place to finish the basement and incorporate an additional Dwelling Unit in contravention of "ZONING BYLAW 1993 NO. 4000". No Building Permits were obtained for the construction in contravention of "BUILDING BYLAW 2003 NO. 5693". This property is one half of a side by side Duplex which is a Strata Property with each side having individual property titles and owners. The other half of the Strata Property also appears on this evening's Agenda, as that property owner has also added an additional Dwelling Unit within the basement.

File summary:

Received complaint Inspection completed Letter requesting removal of additional Dwelling Unit Letter advising of Council date for Section 57 Notice

4914 Fillinaer Crescent - Illegal Construction I Deck

Owner(s): Valentina Buloychik Robert J. Hazlewood 4914 Fillinger Crescent Nanaimo BC V9V 1H9

Legal: Lot 2, District Lot 51, Wellington District, Plan 41555 P. I. D.: 000-800-457

The above noted property was inspected on 2004-JUL-29 as the result of a complaint. At the time of the inspection it was found that construction had been undertaken to replace the existing deck and stairs at the rear of the Single Family Dwelling. No Building Permits were obtained for the construction in contravention of "BUILDING BYLAW 2003 NO. 5693, and as such a 'Stop Work' notice was issued at that time advising that an approved Building Permit is required On 2004-NOV-15 Building Permit No.: 108018 was issued to replace the existing lower deck and construct an additional deck. On 2006-JUN-12 an inspection was undertaken to determine the status of the construction. At that time it was determined that several items were not in compliance with the BC Building Code. No further inspections have been requested and the Building Permit is expired.

File summary:

Received complaint lnspection completed I 'Stop Work' notice issued Building Permit issued Progress lnspection Letter advising of Council date for Section 57 Notice 820 Fitzwilliam Street - Incomplete Buildinq Permit

Owner(s): Ruthalena J. Weis 820 Fitzwilliam Street Nanaimo BC V9R 3B8

Legal: Parcel A (DD 2846-N) of Section B, Lot 1, Block Y, Section 1, Nanaimo District, Plan 584 P.I.D.: 008-820-376

As the result of a 'Stop Work' order, Building Permit No.: BPI 11587 was issued on 2007-JUL-10 to construct a back porch addition. On 2007-SEP-18, the Building Inspector conducted a final inspection, at that time it was determined that several items were not in compliance with the BC Building Code or the approved plans in contravention of "BUILDING BYLAW 2003 NO. 5693".

File summary:

Building Permit Issued Letter advising that deficiencies are outstanding Letter advising of Council date for Section 57 Notice

3764 Avonlea Drive - Illegal Construction / Accessory Buildinq

Owner(s): Michelle Hynes Trevor Hynes 3764 Avonlea Drive Nanaimo BC V9T 6R1

Legal: Lot B, Section 20, Range 4, Mountain District, Plan VIP78583 P. I. D.: 026-260-379

The above noted property was inspected on 2007-JUN-01 as the result of a complaint. At the time of the inspection it was found that construction had been undertaken to build an accessory building. No Building Permits were obtained for the construction in contravention of "BUILDING BYLAW 2003 NO. 5693, and as such a 'Stop Work' notice was issued at that time advising that an approved Building Permit is required To date a Building Permit has not been forthcoming and the offending construction still exists.

File summary:

Received complaint lnspection completed 1 'Stop Work' notice issued Letter advising of Council date for Section 57 Notice

Respecffully submitted,

J. D. Kinch, Manag T. P. ~edaa,Grector Building Inspection Division Permits and Properties DEVELOPMENT SERVICES DEPARTMENT DEVELOPMENT SERVICES DEPARTMENT

NLR 90 n:\devbldg\nelda\counciI\2007 reports\2007nov19 section 57report.doc STAFF REPORT

TO: T. P. SEWARD, DIRECTOR, PERMITS AND PROPERTIES

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

RE: ILLEGAL GROW OPERATIONS AND UNRESOLVED BUILDING DEFICIENCIES

STAFF'S RECOMMENDATION:

EXECUTIVE SUMMARY:

BACKGROUND:

Property: 5568 Clipper Drive - Illeaal Grow Operation 1 llleaal Construction

Legal: Lot 29, District Lot 38, Wellington District, Plan 31662 P.I.D.: 000-1 11-287 dc~i mb a' P rnm ..,...... Oeiegatron Q Owner(s): Jim Wong 5568 Clipper Drive QkFCamerahkering c-0 Nanaimo BC V9T 5M7 m~~$;dOoI-Nod-\q

The above noted property was inspected on 2007-NOV-02 as the result of the RCMP attending the location and it was found that alterations to the existing construction were undertaken to facilitate activity involving the cultivation and processing of marijuana throughout the Single Family Dwelling. Asunroom has been constructed on the existing rear deck and an accessory building has been constructed within the required setback. 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 "ZONING BYLAW 1993 NO. 4000", and as such a "Stop Work notice was attached to the Dwelling and all services were disconnected. The following life safety deficiencies were noted at the time of the inspection; front entry door has been damaged and will need to be replaced, electrical system to be reviewed by a Licensed Electrician to confirm that the alterations made to the system did not compromise the safety of the residence, nonexistent interior stair handrail, nonexistent hard wired, interconnected smoke alarms and an insufficient exterior guard and handrail for rear deck stairs. File summary:

Received complaint lnspection completed Letter advising of Council date for Section 57 Notice (Life safety deficencies exist)

Property: 3340 Kite Way - lllenal Grow Operation 1 lllenal Construction

Legal: Lot 2, Section 11, Wellington District, Plan 29620 P.I.D.: 001-379-275

Owner(s): Mei Q. Huang 6915 Beatrice Street Vancouver BC V5P 3R6

The above noted property was inspected on 2007-NOV-01 as the result of the RCMP attending the location and it was found that alterations to the existing construction were undertaken to facilitate activity involving the cultivation and processing of marijuana throughout the Single Family Dwelling. The basement has been finished, the double carport has been enclosed and a deck constructed with the underside enclosed at the rear 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 "ZONING BYLAW 1993 NO. 4000n, and as such a "Stop Work notice was attached to the Dwelling and all services were disconnected. The following life safety deficiencies were noted at the time of the inspection; front entry door has been damaged and will need to be replaced, electrical system to be reviewed by a Licensed Electrician to confirm that the alterations made to the system did not compromise the safety of the residence.

File summary:

Received complaint lnspection completed Letter advising of Council date for Section 57 Notice (Life safety deficiencies exist)

Respectfully submitted,

fl.Kinch, Manager T. P. seddrd, ~itector Building lnspection Division Permits and Properties DEVELOPMENT SERVICES DEPARTMENT DEVELOPMENT SERVICES DEPARTMENT

NLR g:ldevbMlneldalmuncilI2007repoN2007n0~19Section gro3h report.doc STAFF REPORT

REPORT TO T.P. SEWARD, DIRECTOR OF PERMITS AND PROPERTIES

FROM RANDY CHURCHILL, MANAGER OF BYLAW, REGULATION AND SECURITY

RE: ILLEGAL GROW OPERATION

PROPERTY: 5568 Clipper Drive LEGAL: Lot 29, District Lot 38, Wellington District, Plan 31662 OWNER: Jim Wong 5568 Clipper Drive Nanaimo, BC V9T 5M7

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-Nov-19, will give consideration to ordering the structure removed or brought up to standard pursuant to Sections 72 and 73 of the Community Charter.

Respectfully submitted, r)

T.P. $4ewa d Manager Director Bylaw, Regulation and Security Permits and Properties

WCouncii Agendaitem B' Ul Committee..-.... ,.... Delegation P 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:

5568 Clipper Drive which is legally known and described as:

Lot 29, District Lot 38, Wellington District, Plan 31662 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:

Jim Wong 5568 Clipper Drive Nanaimo, BC V9T 5M7

(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, Regulation and Security 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 lgthday of November 2007. STAFF REPORT

REPORT TO T.P. SEWARD, DIRECTOR OF PERMITS AND PROPERTIES

FROM RANDY CHURCHILL, MANAGER OF BYLAW, REGULATION AND SECURITY

RE: ILLEGAL GROW OP

PROPERTY: 3340 Kite Way LEGAL: Lot 2, Section 11, Wellington District, Plan 29620 OWNER: Mei Qing Huang 6915 Beatrice Street Vancouver, BC V5P 3R6

STAFFS RECOMMENDATION:

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 a grow operation in a single family dwelling. Registered mail was sent to the owner advising that Council, at its meeting of 2007-Nov-19, will give consideration to ordering the structure removed or brought up to standard pursuant to Sections 72 and 73 of the Community Charter.

Respectfully submitted, n /

T. &. Seward Manager Director ~~lawyRegulation and Security Permits and Properties

Council: 2007-Nov-19

&mil aBendah UI Cornmime. --..._... Odegation P GMpenk9eebing Proclamation 0 lnInaaMng CmqmdenceP hkMg Date: a-dou - 19 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:

3340 Kite Way which is legally known and described as:

Lot 2, Section 11, Wellington District, Plan 29620 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:

Mei Qing Huang 6915 Beatrice Street Vancouver, BC V5P 3R6

(hereinafter called "the Owner") remove the structure or bring it up to standard

The Manager of Bylaw, Regulation and Security 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 lgthday of November 2007. STAFF REPORT

REPORT TO T.P. SEWARD, DIRECTOR OF PERMITS AND PROPERTIES

FROM RANDY CHURCHILL, MANAGER OF BYLAW, REGULATION AND SECURITY

RE: ILLEGAL SUITE

PROPERTY: 5285 Toms Turnabout LEGAL: Strata Lot 2, DL 49, Wellington District, Plan VIS4389 OWNER: Michael Joseph Carmel Crystal Carol Carmel 5285 Toms Turnabout Nanaimo, BC V9T 5M9

STAFF'S RECOMMENDATION:

EXECUTIVE SUMMARY:

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

BACKGROUND:

An inspection revealed an illegal suite in the strata unit. Registered mail was sent to the owner advising that Council, at its meeting of 2007-Nov-19, will give consideration to ordering the structure removed or brought up to standard pursuant to Sections 72 and 73 of the Community Charter. mtfullysubmitted, /

Randy Churchill T.P. \Sewhrd Manager Director Bylaw, Regulation and Security Permits and Properties

EtTCncil Agmdartem W 0 CocnrRree ...-...... Del~garion 0 d~klpcancj Prodamation O lnbnaaMao' CocrerpondmeP AkagOltP: &IzdW-,4 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:

5285 Toms Turnabout which is legally known and described as:

Strata Lot 2, District Lot 49, Wellington District, Plan VIS4389 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:

Michael Joseph Carmel Crystal Carol Carmel 5285 Toms Turnabout Nanaimo, BC V9T 5M9

(hereinafter called "the Owner") remove the structure or bring it up to standard

The Manager of Bylaw, Regulation and Security 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 19' day of November 2007. STAFF REPORT

REPORT TO T.P. SEWARD, DIRECTOR OF PERMITS AND PROPERTIES

FROM RANDY CHURCHILL, MANAGER OF BYLAW, REGULATION AND SECURITY

RE: ILLEGAL SUITE

PROPERTY: 5287 Toms Turnabout LEGAL: Strata Lot 1, District Lot 49, Wellington District, Plan VIS4389 OWNER: Lois Peterson Gervais Charles Gervais 5287 Toms Turnabout Nanaimo, BC V9T 5M9

STAFF'S RECOMMENDATION:

EXECUTIVE SUMMARY:

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

BACKGROUND:

7ectfully submitted,

Randy Churchill T.P. Sewa4 d Manager Director Bylaw, Regulation and Security Permits and Properties

Ma1 agendartffn w- CornmMee.. ...,...... Delegation O -Wing Prodamation 0 0 ln-hera Meeting Conwpondec##Q MWigDate dco7- &J - I? 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:

5287 Toms Turnabout which is legally known and described as:

Strata Lot 1, District Lot 49, Wellington District, Plan VIS4389 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:

Lois Peterson Gervais Charles Gervais 5287 Toms Turnabout Nanaimo, BC V9T 5M9

(hereinafter called "the Owner") remove the structure or bring it up to standard

The Manager of Bylaw, Regulation and Security 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 1gth day of November 2007. STAFF REPORT

TO T.P. SEWARD, DIRECTOR, PERMITS AND PROPERTIES

FROM RANDY CHURCHILL, MANAGER OF BYLAW, REGULATION AND SECURITY

RE: PROPERTY MAINTENANCE BYLAW 1990 NO. 3704

PROPERTY: 2630 Lynburn Crescent LEGAL: Lot 4, Section 1, Range 8, Nanaimo District, Plan 9500 OWNER: Allen Kerry Windecker 2630 Lynburn Crescent Nanaimo, BC V9S 3T6

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-JuI-30. A bylaw enforcement officer inspected the property and found dirt piles, old lumber, plywood, bricks, windows, household garbage, 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 , 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, /

RadJ/h y C urchill T.P. Seward Manager Director Bylaw, Regulation and Security Permits and Properties

Council: 2007-Nov-19 Ounci~ ~~ttm-iW a Cmmh.-...... Megation P WkUng Proclamation O Qln-OnwraMngng CompmdenceO -Date: J~I-fiod-tq THAT pursuant to the provisions of the "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704" IT IS HEREBY RESOLVED that:

Allen Kerry Windecker 2630 Lynburn Crescent Nanaimo, BC V9S 3T6 owner of the property located at:

2630 Lynburn Crescent which is legally known and described as:

Lot 4, Section 1, Range 8, Nanaimo District, Plan 9500 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 dirt piles, old lumber, plywood, bricks, windows, household garbage, and miscellaneous debris. and to specifically remove the dirt piles, old lumber, plywood, bricks, windows, household garbage, 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, Regulation and Security 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 lgthday of November 2007. STAFF REPORT

TO T.P. SEWARD, DIRECTOR, PERMITS AND PROPERTIES

FROM RANDY CHURCHILL, MANAGER OF BYLAW, REGULATION AND SECURITY

RE: PROPERTY MAINTENANCE BYLAW 1990 NO. 3704

PROPERTY: 14 Watkins Street LEGAL: Ely. 50 feet of Lot 8, Block Fry, Section 1, Nanaimo District, Plan 584 OWNER: Stephen M. Paxian c/o Realty Executives Property Management 503 Comox Road Nanaimo, BC V9R 3J2

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-Oct-25. A bylaw enforcement officer inspected the property and found household garbage, lumber, furniture, old toys, and miscellaneous debris. Photographs were taken and are available for viewing.

BACKGROUND:

This is the first property maintenance complaint about this address. The owner was advised by registered mail that Council, at its meeting of , 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.

Randy Churchill T.P. Seward ~anager Director Bylaw, Regulation and Security Permits and Properties

Council: 2007-Nov-19 THAT pursuant to the provisions of the "PROPERTY MAINTENANCE BYLAW 1990 NO. 3704" IT IS HEREBY RESOLVED that:

Stephen M. Paxian C/ORealty Executives Property Management 503 Comox Road Nanaimo, BC V9R 3J2 owner of the property located at:

14 Watkins Street which is legally known and described as:

The easterly 50 feet of Lot 8, Block Fry, Section 1, Nanaimo District, Plan 584 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 garbage, lumber, furniture, old toys, and miscellaneous debris. and to specifically remove the household garbage, lumber, furniture, old toys, and miscellaneous debris.

Passed by the Council of the City of Nanaimo in open meeting assembled at Nanaimo, British Columbia this 19" day of November 2007. STAFF REPORT

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

FROM: B. E. CLEMENS, DIRECTOR OF FINANCE

RE: BYLAW TO AMEND THE WATERWORKS RATE AND REGULATION BYLAW

RECOMMENDATION:

That Council consider giving first three readings to "WATERWORKS RATE AND REGULATION BYLAW AMENDMENT BYLAW 2007 NO. 7004.02", which appears under the Bylaw Section of this evening's agenda.

EXECUTIVE SUMMARY

"WATERWORKS RATE AND REGULATION BYLAW AMENDMENT BYLAW 2007 NO. 7004.02 is on the agenda tonight for the first three readings.

The "FINANCIAL PLAN BYLAW AMENDMENT BYLAW 2007 NO. 7043.01" adopted May 14, 2007 included annual water rate increases of 5%.

The 5% increase in 2008 will be effective January 1, 2008 and will apply to all properties. The increase in water rates is to begin funding costs of the water treatment and supply infrastructure.

The total impact of this proposed change on a typical single family home for 2008 is $13.02.

Respectfully submitted,

D.W. ~olmes Director of Finance General Manager, Corporate Services

BEC/sf Council: 2007-Nov-19 G:MDMINISTRATION\Council\Reports\2008 Wafer Rates Increase 20070ct09.doc STAFF REPORT

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

FROM: B. E. CLEMENS, DIRECTOR OF FINANCE

RE: COMMERCIAL VEHICLE LlCENClNG REGULATION BYLAW

RECOMMENDATION:

That Council consider giving first three readings to the Commercial Vehicles Licencing Regulation Bylaw 2007 No. 7054, which appears under the Bylaw Section of this evening's agenda.

EXECUTIVE SUMMARY

"THE COMMERCIAL VEHICLE LlCENClNG REGULATION BYLAW 2007 NO. 7054" is on the agenda tonight for the first three readings.

On November 1, 2006, new legislation came into effect, adjusting the definition of the "Licence Year" to be the same as the calendar year. The Bylaw on tonight's agenda addresses the change to the definition of Licence Year.

The impact of this change is purely administrative; there was no change to the fees set out by the Union of Municipalities.

Respectfully submitted,

- I B.E. Clemens D.W. Holmes Director of Finance General Manager, Corporate Services BEC/ea Council: 2007-NOV-19 G:MDMINISTRATION\Council\Reports\B7054 Commercial Vehicle.doc

a Cormcrl Ggendah a Cmmirm ....-...... Delegation 0 B @enWy Prodm~on 0 Q-wng cm-0 Meetkg Date: 2007 -d 04 - \q INFORMATION ONLY REPORT

REPORT TO: MAYOR AND COUNCIL

FROM: LARRY McNABB, CHAIR, PARKS, RECREATION AND CULTURE COMMISSION

RE: BRANDING OF THE NANAIMO SPORTS ZONE

RECOMMENDATION:

That Council receives the report.

EXECUTIVE SUMMARY:

Since 2000, the City of Nanaimo has developed a multi-purpose sport and recreation corridor with the construction of a variety of facilities situated in the Fifth Street, Wakesiah Avenue and Third Street area. In addition, various community organizations have partnered with the City of Nanaimo in the development of some of the venues. The facilities include a state-of-the-art aquatic centre, ice centre, multi-purpose sports fields, Malaspina University-College and Nanaimo District Secondary School facilities all within close proximity to one another.

The Parks, Recreation and Culture Commission, at their meeting of 2007-OCT-24, approved the branding of the Nanaimo Ice Centre, the Nanaimo Aquatic Centre, Serauxmen Sports Fields and the Rotary Bowl as the 'Nanaimo Sports Zone'with a promotional tagline of Learn, Train, Play.

BACKGROUND:

Multi-media information and marketing materials are being developed that highlight the various sport and recreation facilities located in this area. As part of the process in the development of the marketing materials and current work being conducted for Sports Development, a need has been identified to 'brand' the area in a manner that would provide meaning to potential end users. 'The Nanaimo Sports Zone - Learn, Train, Play!'will provide connotation for end users about what the area has to offer in terms of multi-purpose sports facilities. In addition, this marketing initiative as communicated with the various stakeholders was received positively. The current names of the individual facilities will remain.

The marketing package will include information about the facilities and the benefits of having several sports facilities situated in a common area for community users and external users. By branding the area, 'The Nanaimo Sports Zone - Learn, Train, Play!', it is anticipated that various community sports organizations will also utilize the brand as part of their own marketing and communication efforts in organizing events and tournaments, thereby sending consistent information about the facilities and the area.

Respectfully submitted,

Larry McNabb, Chair Parks, Recreation and Culture Commission

RH:cIc 2007-OCT-16 File: Dl-4-30 1 H14-2 2007-NOV-09 FOR INFORMATION ONLY

REPORT TO: ANDREW TUCKER, DIRECTOR, PLANNING AND DEVELOPMENT

FROM: BRUCE ANDERSON, MANAGER, COMMUNITY PLANNING

RE: AFFORDABLE HOUSING INITIATIVE - BOWEN ROAD

STAFF'S RECOMMENDATION:

That Council receive the report.

EXECUTIVE SUMMARY:

The implementation phase of this affordable housing project located at 2102, 2104, 2106 Bowen Road has commenced. In addition to the property lease for this initiative, the City also committed to contribute toward components of the construction project - including site preparation and off-site servicing. Funding for the estimated $35,000 budget for these construction components will be provided from the Housing Legacy Reserve.

BACKGROUND:

Council on 2006-MAY-29 directed staff to assist the Canadian Home Builders' Association (CHBA) and the Nanaimo Affordable Housing Society (NAHS) in developing an affordable housing project on the subject property. The City has engaged in this affordable housing initiative as a partnership between the two levels of government; the private sector and the non-profit social services community in Nanaimo. The local chapter of the CHBA committed to construct approximately 2,000 square feet of finished residential accommodation (four units) as a charitable donation. NAHS has submitted, on behalf of the Nanaimo Working Group on Homelessness, a proposal to B.C. Housing for funding to build out the remainder of the proposed development; 16 dwelling units totalling approximately 7,200 square feet. Funding for this has been approved by B.C. Housing.

The City recently committed to leasing the subject property for the project to proceed. A development permit has been issued. The remaining commitment of our partnership in this affordable housing initiative is toward the site preparation costs and the provision of off-site water services and lane improvements. The funding source for the construction components of this affordable housing project is the Housing Legacy Reserve, which was established with gaming revenues and community contributions from the development approvals process.

Respectfully submitted,

- - Bruce Anderson, Manager / Andre!w Tucker, Director Community Planning ~Lision Planning and Development Development Services Department Development Services Department 2007-NOV-12 FOR INFORMATION ONLY

REPORT TO: ANDREW TUCKER, DIRECTOR, PLANNING AND DEVELOPMENT

FROM: BRUCE ANDERSON, MANAGER, COMMUNITY PLANNING

RE: URBAN CLEAN UP INITIATIVE - VICTORIA ROAD

STAFF'S RECOMMENDATION:

That Council receive the report.

EXECUTIVE SUMMARY:

In 2007 the successful rezoning of a liquor primary resulted in a $10,000 community contribution by the applicant, a contribution which was broadly intended to address addictions. The City intends to use this $10,000 community contribution towards alleviating the impact of addictions on the businesses and residents of Victoria Road. This will be implemented by enhancing the service provided by the John Howard Society Urban Clean Up Initiative to increase the number of hours spent focusing on Victoria Road.

BACKGROUND:

The SAFER Nanaimo Committee held a meeting ( 2007-OCT-23 ) with businesses and residents on Victoria road between Cavan and Prideaux. Concerns were expressed about open drug use, the number of street people loitering in the area and the litter associated with their presence.

At a subsequent operational meeting, the SAFER Nanaimo committee agreed on a number of actions to address these concerns, including a commitment to try and alleviate the litter problem. In 2006 the City of Nanaimo received undesignated funding from the Vancouver Island Health Authority which was used to implement an Urban Clean Up Initiative. The City partnered with the Nanaimo Region John Howard Society (JHS) in this unique program in which one day a week a JHS staff member, accompanied by several JHS clients, goes throughout the urban centre cleaning up litter. Feedback from residents and business owners in the downtown has been positive; the program has come to be seen as an excellent tool with which to mitigate the impact of homelessness and addictions on the community. The current initiative intends to build on this success.

Respectfully submitted,

< Bruce Anderson, Manager A --- Community Planning ~ivision Planning and Development Development Services Department Development Services Department

JHIfg g:\commplan\admin\2007\addiction~fund~urban~cleanup ~gendattpm a- m COmniCree ...... Delegation p wbnwng Prodamation 0 Q-wng ComrpadmrO MthgDatc; &'%7&0v-/q 109 FOR INFORMATION ONLY

REPORT TO B. E. CLEMENS, DIRECTOR OF FINANCE

FROM R.J. REIMER, MANAGER, REVENUE SERVICES & FINANCIAL SYSTEMS

RE: ASSESSMENT ROLL ADJUSTMENTS

STAFF'S RECOMMENDATION:

That Council receive the report for information.

DISCUSSION:

We are now in receipt of one additional assessment roll adjustment from BC Assessment processed as follows: "2007 Supplementary 9" which was received in 2007

The attached schedule summarizes the assessment adjustments and the impact on property taxation levies.

The impact of this assessment adjustment received in 2007 is to increase gross taxation by $642.18 which includes an increase in the municipal portion of $378.06.

2007 and 2006 assessment adjustments received in 2007 is to decrease gross which includes a decrease in the municipal portion of $3,684.54.

Douglas W. Holmes , Revenue Services D General Manager, Corporate Services & Financial Systems

EAIsf Council: 2007-Nov-19 G:\ADMINISTRATION\Council\Reports\AssessmentRoll Adjustments 2007Nov13.doc CITY OF NANAIMO

ASSESSMENT ADJUSTMENT SCHEDULE

GENERAL, DEBT, OTHER TOTAL YEAR SUPPLEMENTARY AND LIBRARY AGENCIES ADJUSTMENTS

2007 9 $378.06 $264.1 2 $642.1 8 - Total Adjustments $378.06 $264.1 2 $642.1 8

G:\PROPTY\APPEAL BOARD\200ARunsurn.xls(Surnrnary) Anita Sundberg 11/9/2007 CITY OF NANAIMO

BYLAW NO. 4000.423

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. 4000.423".

2. The City of Nanaimo "ZONING BYLAW 1993 NO. 4000" is hereby amended as follows:

(1) By rezoning the land legally described as LOT 5 SECTION 4 RANGE 4 WELLINGTON DISTRICT PLAN VIP80527 from the Single Family Residential Zone (RS-1) to the Residential Duplex Zone (RM-I), as shown on the attached Schedule "A

PASSED FIRST READING 2007-OCT-15. PASSED SECOND READING 2007-OCT-15. PUBLIC HEARING HELD 2007-NOV-01. PASSED THIRD READING APPROVED BY MINISTRY OF TRANSPORTATION ADOPTED

MAYOR

Dl RECTOR, LEGISLATIVE SERVICES

File: RA196 Address: 5190 Dunster Road Applicant: City of Nanaimo Bylaw 4000.423

SCHEDULE A

File: RAOOOI 96 SUBJECT LOCATION PLAN @ PROPERTY Civic: 5190 Dunster Road Lot 5, Section 4, Range 4, Wellington District, NORTH Plan VI P80527 ClTY OF NANAIMO

BYLAW NO. 4000.424

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. 4000.424.

2. The City of Nanaimo "ZONING BYLAW 1993 NO. 4000" is hereby amended as follows:

(1) By rezoning a portion of the land legally described as LOT 3 DISTRICT LOT 51 WELLINGTON DISTRICT PLAN 20583 from Residential Duplex Zone (RM-1) to Single Family Residential Zone (RS-I), as shown on the attached Schedule "A

PASSED FIRST READING 2007-OCTO-15. PASSED SECOND READING 2007-OCT-15. PUBLIC HEARING HELD 2007-NOV-01. PASSED THIRD READING ADOPTED

MAYOR

DIRECTOR, LEGISLATIVE SERVICES

File: RAI97 Address: 477514777 Hammond Bay Road Applicant: Xandrea Holdings Ltd. Bylaw 4000.424

SCHEDULE A

File : RA000197 Civic: 4775 and 4777 Hammond Bay Road

r-ISubject L--' Property ;I;;: ;;;ezoned from ,,;xzt ClTY OF NANAIMO

BYLAW NO. 6000.073

A BYLAW TO AMEND THE ClTY OF NANAIMO "OFFICIAL COMMUNITY PLAN BYLAW 1996 NO. 6000"

WHEREAS the Council of the City of Nanaimo wishes to amend City of Nanaimo "OFFICIAL COMMUNITY PLAN BYLAW 1996 NO. 6000;

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

1. This Bylaw may be cited as the "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2007 NO. 6000.073".

2. The City of Nanaimo "OFFICIAL COMMUNITY PLAN BYLAW 1996 NO. 6000" is hereby amended as set out in Schedule A to this Bylaw.

PASSED FIRST READING 2007-MAY-14. PASSED SECOND READING 2007-MAY-14. PUBLIC HEARING HELD 2007-NOV-01. PASSED THIRD READING ADOPTED

MAYOR

DIRECTOR, LEGISLATIVE SERVICES

File: OCP00030 Address: 141 Westwood Road Applicant: John Salmon Bylaw 6000.073

SCHEDULE A

1. Schedule A (Future Land Use and Mobility) of the "OFFICIAL COMMUNITY PLAN BYLAW 1996 NO. 6000 is amended as follows:

a) Include the subject property at 141 Westwood Road (That Part of Lot 10, Section 14, Range 7, Mountain District, Plan 2494, Shown Outlined in Red on Plan 914R, Except Those Parts in Plans VIP58984 and VIP60427) inside the Urban Containment Boundary; and

b) Redesignate the subject property at 141 Westwood Road (That Part of Lot 10, Section 14, Range 7, Mountain District, Plan 2494, Shown Outlined in Red on Plan 914R, Except Those Parts in Plans VIP58984 and VIP60427) from "Rural Resource Lands" to "Suburban Neiahbourhood". CITY OF NANAIMO

HIGHWAY NAMING BYLAW 2007 NO. 7058

A BYLAW TO PROVIDE FOR THE NAMING OF A MUNICIPAL HIGHWAY

WHEREAS Section 39 of the Community Charter empowers Council to name or change the name of highways within their municipality and to assign numbers to buildings and other structures.

AND WHEREAS as part of the reconfiguration of the BC Ferries Departure Bay Terminal, and the realignment of Zorkin Road, there is a portion of Otter Way that will become part of the newly aligned Zorkin Road.

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 for all purposes as the "HIGHWAY NAME CHANGE BYLAW 2007 NO. 7058."

2. That the highway name of Otter Way shown outlined in red on the plan attached hereto, marked Schedule 'A', be changed from Otter Way to Zorkin Road.

PASSED FIRST READING 2007-OCT-29. PASSED SECOND READING 2007-OCT-29. PASSED THIRD READING 2007-OCT-29. ADOPTED

MAYOR

DIRECTOR, LEGISLATIVE SERVICES REFERENCE PLAN TO ACCOMPANY ME CITY OF NANAIMO PLAN VIP

ROAD DEDICATION CANCELLATION BYLAW NO. OEPOSIRO IN WE LAND nnc OFFICE AT UCTORIA. B.C. OF PARTS OF ROADS DEDICATED ON PLANS 11762 & 45495, THIS DAY OF ZW .

ALL WlTHlN SECTION 1, NANAIMO DISTRICT RECIS~RAR (PURSUANT TO SECTION 40 OF THE COMMVNIN CHARTER AND SECTION 120 OF lHE LAND Tin€ ACT) BOOK OF REFERENCE PART OF ROAO IN sccnw 1. NANAIMO DISTRICT 0,1 B.C.G.S. 92G.011 DEOICAIEO BY PLAN 11762 ,, P*R? OF ROAD IN SECTION I. NANAIHO DISTRICT M2 OEOICAIEO BY PLAN 45495 g9, TOTAl: 0.133 HA

I-' I-' Lo BYLAW NO. 7060

A BYLAW TO REGULATE THE MEETINGS OF THE COUNCIL AND THE CONDUCT THEREOF

WHEREAS under section 124 of the Community Charter Council must establish procedures to be followed for the conduct of its business;

NOW, THEREFORE, the Council of the City of Nanaimo in open meeting assembled, ENACTS AS FOLLOWS:

1. -Title

This Bylaw may be cited for all purposes as the "COUNCIL PROCEDURE BYLAW 2007 NO. 7060".

PART I - GENERAL

2. Interpretation

In this Bylaw unless the context requires otherwise:

"ADVISORY BODY" means an advisory committee appointed by Council for the purpose of providing advice to Committees, Commissions and staff.

"AVICC" means the Association of Vancouver Island Coastal Communities.

"BOARD OF VARIANCE" means an independent Board, comprised of 5 members, appointed by Council for the purpose of hearing appeals outlined in Section 901 (2) of the Local Government Act.

"CITY" means the City of Nanaimo.

"CITY HALL" means Nanaimo City Hall located at 455 Wallace Street, Nanaimo, British Columbia.

"CITY WEBSITE" means the information resource found at an internet address provided by the City.

"COMMISSION" means a municipal commission appointed by Council under Section 143 of the Community Charter.

"DIRECTOR OF means the person responsible for corporate LEGISLATIVE SERVICES administration as set out under Section 147 of the Community Charter. Bylaw 7060 Page 2

"COUNCIL" means the Council of the City.

"FINANCEIPOLICY means a committee of Council comprised of all members COMMITTEE OF THE of Council as established pursuant to "COUNCIL WHOLE" DELEGATION OF POWERS BYLAW 2006 NO. 7022".

"FCM means the Federation of Canadian Municipalities.

"IN CAMERA MEETING" means a meeting that is closed to the public in accordance with Sections 90 and 92 of the Community Charter.

"MAYOR means the Mayor of the City.

"MEMBER means a member of the Council.

"PARCEL TAX ROLL Means a panel consisting of at least 3 members REVJEW PANEL" appointed by Council under Section 204 of the Community Charter to consider complaints respecting the parcel tax roll and to authenticate the roll.

"PUBLIC NOTICE POSTING means the Notice Board at the front entry of Nanaimo PLACE" City Hall, 455 Wallace Street, Nanaimo, BC, or the Bowen Park Complex lobby, 500 Bowen Road, Nanaimo, BC, or the Beban Park Pool notice board in the lobby at 2300 Bowen Rd. Nanaimo, BC.

"QUORUM" means the majority of Council.

"STANDING COMMITTEE" means a committee appointed by the Mayor under Section 141 of the Community Charter for matters the Mayor considers would be better dealt with by a Committee and at least half of the members must be Council members.

"SELECT COMMITTEE" means a committee appointed by Council under Section 142 of the Community Charter for a select purpose and to report its finding and opinion to the Council. At least one member of a select committee must be a Council member.

"UBCM" means the Union of British Columbia Municipalities.

3. Application of Rules of Procedure

3.1 The provisions of this Bylaw govern the proceedings of Council, Commissions, Standing Committees, Select Committees, the FinanceIPolicy Committee of the Whole and Advisory Bodies. Bylaw 7060 Page 3

3.2 In cases not provided for under this Bylaw, the New Robert's Rules of Order Yd Edition, 1998, apply to the proceedings of Council and Council Committees to the extent that those Rules are:

(a) applicable in the circumstances;

(b) not inconsistent with provisions of this Bylaw, the Community Charter or the Local Government Act.

PART II - COUNCIL MEETINGS

4. Inaugural Meeting

4.1 Following a general local election, the first Council meeting will be held on the first Monday in December in the year of a general local election.

4.2 If a quorum of Council members elected at the general local election has not taken office by the date of the meeting referred to in Section 4.1, the first Council meeting must be called by the Director of Legislative Services and held as soon as reasonably possible after a quorum has taken office.

5. Time and Location of Meetinqs

5.1 All Council meetings must take place within the Regional District of Nanaimo Board Chambers or Committee Room, except when Council resolves to hold meetings elsewhere and dictates the Legislative Services Department to give notice of the different meeting place by posting a notice of the change on the Public Notice Posting Place at least 24 hours prior to the time of the Council meeting.

5.2 Regular Council meetings will:

(a) be held on the second and fourth Monday of each month, with the exception of July and August in which only one meeting will be held on the second Monday of the month;

(b) where a Council meeting falls on a statutory holiday or occurs during a week in which the FCM, UBCM or AVlCC annual conferences are held, the meeting should be held on the following Monday.

(c) notwithstanding Section 5.2(a), the regular meetings in December will take place annually on the first and third Mondays in December.

(d) begin at 7:00 p.m.; and

(e) be adjourned before 11:OO p.m. on the day scheduled for the meeting unless Council resolves to proceed beyond that time in accordance with Section 36. Bylaw 7060 Page 4

5.3 Regular Council meetings may:

(a) be cancelled by Council, provided that two consecutive meetings are not cancelled;

(b) be postponed to a different day, time and place by the Mayor, provided the Director of Legislative Services is given at least two days written notice of the change.

6. Notice of Council Meetinqs

6.1 In accordance with Section 127 of the Community Charter, Council must prepare annually on or before December lSt,a schedule of the dates, times and places of Regular Council meetings and must make the schedule available to the public by posting it at the Public Notice Posting Place and on the City Website.

6.2 Council must give notice annually on or before December lSt,in accordance with Section 94 of the Community Charfer, of the time and duration that the schedule of Regular Council meetings is available to the public.

6.3 Where revisions are necessary to the annual schedule of Regular Council meetings, the Director of Legislative Services must, as soon as possible, post a notice on the Public Notice Posting Place and the City Website which indicates any revisions to the date, time and place or cancellation of a Regular Council meeting.

7. Notice of Special Meetinqs

7.1 Except where notice of a Special meeting is waived by unanimous vote of all Council members under Section 127(4) of the Community Charter, a notice of the date, hour, and place of a Special Council meeting must be given at least 24 hours before the time of the meeting, by:

(a) posting a copy of the notice on the Public Notice Posting Place and the City's Website; and

(b) placed in Council's electronic schedule.

7.2 The notice under Section 7.1 must describe in general terms the purpose of the meeting and be signed by the Mayor or the Director of Legislative Services.

7.3 Notice of a Special Council meeting may be waived by unanimous vote of all Council members. Bylaw 7060 Page 5

8. Annual Municipal Report

8.1 In accordance with Section 99 of the Community Charter, the Council must annually consider the Annual Municipal Report. The Director of Legislative Services must give notice, in accordance with Section 94 of the Community Charter, of the date, time and place when Council will consider:

(a) the annual report prepared under Section 98 of the Community Charter;

(b) submissions and questions from the public.

9. Electronic Meetinqs

9.1 Provided the conditions set out in Subsection 128(2) of the Community Charter are met:

(a) a Special Council meeting may, upon authorization of the Mayor, be conducted by means of electronic or other communication facilities;

(b) a member of Council or a Committee member who is unable to attend at a Council or Committee of the Whole or Committee meeting, may, upon authorization of the Mayor or Chair, participate in the meeting by means of electronic or other communication facilities.

9.2 The member presiding at a Special Council or Council Committee meeting must not participate electronically.

9.3 No more than two members of Council at one time may participate at a Special Council meeting under Section 9(l)(a).

PART Ill - DESIGNATION OF MEMBER TO ACT IN PLACE OF MAYOR

10. Actinq Mayor

10.1 Council must, on an annual basis, from amongst its members, designate Councillors to serve on a rotating basis as the member responsible for acting in the place of the Mayor when the Mayor is absent or otherwise unable to act or when the office of the Mayor is vacant.

10.2 Each Councillor designated under Section 10.1 is responsible for fulfilling the duties of the Mayor in his or her absence.

10.3 If both the Mayor and Acting Mayor are absent from a Council meeting, the members present must choose the next member in succession from the rotating roster established under Section 10.1 to preside at the Council meeting.

10.4 Other than at a Council meeting, if both the Mayor and the Acting Mayor are absent or otherwise unable to act, the member next in succession on the rotating roster established under 10.1 shall be the Acting Mayor. Bylaw 7060 Page 6

10.5 The member designated under Section 10.1, 10.3 or 10.4 has the same powers and duties as the Mayor.

PART IV - COUNCIL PROCEEDINGS

11. Attendance of Public at Meetinqs

11 .I Except where the provisions of Section 90 of the Community Charter apply, all Council meetings must be open to the public.

11.2 Before closing a Council meeting or part of a Council meeting to the public, Council must pass a resolution in a public meeting in accordance with Section 92 of the Community Charter.

11.3 This Section applies to all meetings of the bodies referred to in Section 93 of the Community Charter including Council committees, commissions, a parcel tax roll review panel, a board of variance, or advisory bodies.

11.4 Despite Subsection 11 .I, the Mayor or the Acting Mayor may expel or exclude from a Council meeting a person in accordance with Section 133 of the Community Charter.

12. Callinq Meetinq to Order

12.1 As soon after the time specified for a Council meeting as there is a quorum present, the Mayor, if present, must take the Chair and call the Council meeting to order; however, where the Mayor is absent, the Councillor designated as the member responsible for acting in the place of the Mayor in accordance with Section 10 must take the Chair and call such meeting or order.

13. Adiourninq Meetinq Where No Quorum

13.1 If there is no quorum of Council present within 15 minutes of the scheduled time for a Council meeting, the Director of Legislative Services must:

(a) record the names of the members present and those absent; and,

(b) adjourn the meeting until the next scheduled meeting.

14. Order of Proceedinqs and Business

14.1 The Agenda for all Regular Council meetings contains the following matters in the order in which they are listed below:

Introduction of Late ltems Adoption of Agenda Adoption of Minutes Presentations Delegations Pertaining to Agenda ltems Mayor's Report Proclamations Commission Reports 125 Bylaw 7060 Page 7

Committee Reports Staff Reports Information Only ltems Bylaws Correspondence Council Appointments Notice of Motion Other Business Delegations Pertaining to ltems Not on the Agenda Question Period Adjournment

14.2 Notwithstanding the provisions under Section 14.1, it shall always be in order for the Council to vary the order in which business on the Agenda shall be dealt with by a majority vote of the members present.

14.3 The City will receive all proclamations which will be read out by the Mayor or designate.

15. Aqenda

15.1 Prior to each Council meeting, the Director of Legislative Services shall prepare an Agenda setting out all items for consideration at that meeting.

15.2 The deadline for the public to submit items to the Director of Legislative Services for inclusion on the Council meeting Agenda shall be 1:00 p.m. on the Wednesday preceding the meeting.

15.3 ltems received in the Legislative Services Department after the appropriate deadline in Section 15.2 shall not be placed on the Agenda, but shall instead be placed on the Agenda for consideration at the following Council meeting, unless the item is introduced as a Late ltem pursuant to Section 16.

15.4 Council Agendas will be available to the members of the Council and the public on the Thursday afternoon (by 4:00 p.m.) prior to the meeting.

15.5 Only those matters included on the Agenda shall be considered or dealt with at the Council meeting unless a new matter for consideration is properly introduced as a Late ltem pursuant to Section 16.

15.6 In cases where documents are too unwieldy to be readily reproduced, the Director of Legislative Services may omit these materials from the Agenda and may, instead, merely refer to these items in short form on the Agenda and keep the documents on file in the Legislative Services Department for reference purposes. Bylaw 7060 Page 8

16. Late Items:

16.1 For the purposes of this section, the following terms are defined as:

(a) Essential Items:

These would include matters arising after the preparation of the Agenda and which, if not acted upon in a timely manner, would prejudice or compromise the City's position or the position of a constituent or group of constituents. These topics would be of a legal or legislative nature.

(b) Elective Items:

These would include matters which are purely administrative and require no background information to support them or provide additional information pertinent to items on the agenda.

The deadline for essential or elective items to be included as a Late item for the agenda is 11:OO a.m. on the Monday morning of the day of the Council meeting. Late Items shall be distributed to Council just prior to the commencement of the Council meeting.

17. Votinq at Meetinqs

17.1 The following procedures apply to voting at Council meetings:

(a) when debate on a matter is closed, the presiding member must put the matter to a vote.

(b) Council members who are in the room shall take their places when a vote is called for, and shall not leave until the vote has been taken;

(c) after the presiding member finally puts the question to a vote under paragraph (a), a member must not speak to the question or make a motion concerning it;

(d) the presiding member's decision about whether a question has been finally put is conclusive;

(e) whenever a vote of the Council is taken for any purpose, each member present and voting shall signify their vote upon the question, openly and individually by raising their hand, and the Chair shall declare the motion carried or defeated as the case may be;

(f) no vote shall be taken in a Council meeting by ballot or by any other method of secret voting. Bylaw 7060 Page 9

18. Delesations

18.1 All delegations requesting permission to appear before Council shall submit a written request to address the members of Council, including a written brief outlining their intended presentation.

18.2 Any request to appear before Council shall be received, in writing, prior to the appropriate deadline stated in Section 15.2 in order to be placed as a new matter on the Council Agenda.

18.3 Any request to appear before Council pertaining to an item already on the Agenda shall be received up to Monday at 11:OO a.m. prior to the meeting. Those delegations that have not been received in time to be placed on the Agenda but were received prior to Monday at 11:OO a.m. shall be distributed to Council as a Late Item and shall be given ten (10) minutes to make their presentation.

18.4 All delegation requests pertaining to items on the Agenda shall be heard at the beginning of the meeting. Any delegation requests that do not pertain to an item on the Agenda shall be heard at the end of the meeting.

18.5 All delegations shall be afforded ten (10) minutes to make their presentation and shall be restricted to the topic as included on their written submission. Additional time may be available, at the discretion of the Chair, for answering questions from members of Council

Delegations received after Monday at 11:OO a.m. regarding matters already on the Agenda will be referred to a future meeting unless Council passes a resolution to hear the delegation. If approved, the delegation shall be afforded five (5) minutes to make their presentation at the beginning of the meeting.

18.6 Notwithstanding Section 18.5, multiple speakers (four or more) on a single issue or topic shall be given five (5) minutes each to make their presentations.

18.7 There shall be no limit to the number of delegations included on the Agenda for items that have been included on the agenda. However, the Director of Legislative Services will be granted the authority to schedule delegations that wish to speak on items that are not on the Agenda to another Council meeting or Advisory Body meeting as deemed appropriate, according to the subject matter of the presentation.

18.8 The Director of Legislative Services shall be granted the authority to screen delegation requests and, if deemed appropriate, refuse to place a delegation on the Agenda if the issue is not within the mandate or jurisdiction of a Municipal Council. In the event the delegation wishes to appeal the Director of Legislative Services' decision, the information shall not be placed on the Agenda but shall be distributed under separate cover to Council for their consideration. Bylaw 7060 Page 10

18.9 Where a delegation has addressed Council on a particular issue, if a subsequent request is received from the same delegation to address Council on the same issue, and no new significant information is being provided, the Director of Legislative Services will be granted the authority to not place the item on the Agenda, but will circulate the request under separate cover as an item of general information.

19. Notice of Motion

19.1 Any Council member may give a "Notice of Motion" respecting an item which he or she intends to present by giving a copy of such motion to the Director of Legislative Services during a meeting of the Council and upon the member being acknowledged by the Chair and the Notice of Motion being read to the meeting.

19.2 A copy of the motion presented under Section 19.1 shall appear in the Minutes of that meeting as a "Notice of Motion". The Director of Legislative Services shall place the motion on the Agenda of the next Council meeting, or other future meeting designated by the member bringing forward the Notice of Motion, for consideration.

20. Question Period

20.1 At the Conclusion of the proceedings, the Council members shall provide time to answer inquiries from the Media and any member of the public, but such inquiries shall be strictly limited to matters considered by the Council at that particular meeting. The Chair shall determine, if necessary, when sufficient discussion has taken place.

PART V - PETITIONS AND COMMUNICATIONS

21. Proper Form

21.1 All communications and petitions intended to be presented to Council shall be legibly written, typed or printed, signed by at least one person and shall be dated and include a contact phone number before being accepted.

22. Referrals

22.1 Communications addressed to Council which relate to matters that fall within the scope of responsibility of a particular City department may be referred by the Director of Legislative Services directly to that department.

22.2 If a matter is referred under Section 22.1, a copy of the communication shall be copied to each member of the Council and the General Managers, with a copy forwarded to the appropriate Staff member. An acknowledgement shall be provided to the writer on receipt of the communication, advising where the matter has been referred.

22.3 The Director of Legislative Services will be granted the authority to forward correspondence items to the meeting considered to be most appropriate according to the subject matter of the letter. 129 Bylaw 7060 Page 11

22.4 A right of appeal from any referral under Sections 22.1 and 22.3 may be made to the City Manager who shall determine the final disposition of the matter. As well, Council may refer any item of correspondence as it deems appropriate.

22.5 AH petitions or other written communications which require a report may be referred to the City Manager by means of formal motion.

PART VI - BYLAWS

23. Form of Bylaws

23.1 A bylaw introduced at a Council meeting must:

(a) be printed; (b) have a distinguishing name; (c) have a distinguishing number; (d) contain an introductory statement of purpose; (e) be divided into sections.

24. Bvlaws to be Considered Separatelv or Jointly

24.1 Council must consider a proposed bylaw at a Council meeting either:

(a) separately when directed by the presiding member or requested by another Council member; or,

(b) jointly with other proposed bylaws in the sequence determined by the presiding member.

25. Readinq and Adopting Bvlaws

25.1 Every proposed bylaw shall receive three separate readings prior to its final adoption.

25.2 The first three readings of a bylaw may be given on the same day, except in the case of an Official Community Plan designation bylaw or a Zoning bylaw which is to be considered at a Public Hearing.

25.3 An Official Community Plan designation bylaw or a Zoning bylaw which is to be considered at Public Hearing may receive only first and second reading at the time of introduction.

25.4 Where the Council resolves to consider a bylaw clause by clause, such consideration shall be done at the second reading of the bylaw. Bylaw 7060 Page 12

25.5 Where Council desires to amend a bylaw after third reading with the exception of those specific provisions respecting an Official Community Plan designation bylaw or a Zoning bylaw, it may do so as follows:

(a) by motion to reconsider third reading and, if carried;

(b) by motion to amend the bylaw at third reading in accordance with the procedure set down in this bylaw;

25.6 Despite Section 135(3) of the Community Charter, and in accordance with Section 890(9) of the Local Government Act, an Official Community Plan designation bylaw or a Zoning bylaw may be adopted at the same meeting at which the bylaw passed third reading.

25.7 The Acting Mayor shall be the Councillor designated to introduce and move each bylaw to be considered by Council.

26. Bylaws Must be Sisned

26.1 After a bylaw is adopted, and signed by the Director of Legislative Services and the presiding member of the Council meeting at which it was adopted, the Director of Legislative Services must have it placed in the City's records for safekeeping with the following affixed to the bylaw:

(a) the City's corporate seal, (b) the dates of its readings and adoption, (c) the date of the Public Hearing if applicable; and, (d) the date of Ministerial approval or approval of the electorate if applicable.

PART V11- RESOLUTIONS

27. Copies of Resolutions to Council Members

27.1 A resolution may be introduced and considered at a meeting as long as it has been included as an item on the Council's printed Agenda or placed as a Late Item in accordance with Section 16 of this bylaw.

PART Vlll - MOTIONS

28. Introduction of Motion

28.1 Every motion must be moved and seconded before it is deemed to be in the possession of the Council. Bylaw 7060 Page 13

29. Recordinq of Motions in Minutes:

29.1 Every motion that has been seconded shall be recorded in the Minutes.

29.2 Notwithstanding Section 29.1, motions that have been withdrawn by Council as per Section 31, shall not be recorded in the Minutes.

29.3 The names of the members who moved and seconded a motion presented to Council shall not be recorded in the Minutes.

29.4 All votes on motions will be recorded as either:

(a) carried unanimously; (b) defeated unanimously; or, (c) in cases where unanimity is not reached, the names of those who voted against the motion will be recorded in the Minutes.

30. Consideration of Motions

30.1 When any motion is under consideration, no other motion shall be received, except a motion to amend, refer, table or postpone.

31. Withdrawal of Motions

31.1 After a motion has been made and seconded, it shall be deemed to be in the possession of the Council, but the motion may be withdrawn by the mover of the motion at any time before a decision or amendment is made, provided that the mover has the consent of the seconder.

32. Appeal Rulinq of the Chair

32.1 Whenever the Chair is of the opinion that a motion is contrary to the rules and privileges of the Council, the Chair shall apprise the members thereof without proposing the question and shall cite the rule or authority applicable to the case without argument or comment. The ruling of the Chair may be appealed to the other members of Council then present.

32.2 On an appeal by a Council member from the decision of the Chair, the question shall be immediately put by him, and decided without debate "Shall the Chair be sustained?" and the Chair shall be governed by the vote of the majority of the Council members then present, excluding himself. In the event of the votes being equal, the question shall pass in the affirmative.

32.3 If the Chair refuses to put the question "Shall the Chair be sustained?", the Council shall immediately appoint a Chair pro tem. He shall proceed in accordance with Section 32.2. A resolution or motion carried under this Section is binding. Bylaw 7060 Page 14

33. Reconsideration

33.1 A motion/resolution which was adopted or defeated may be reconsidered by Council provided that the resolution has not had the assent of the electors, has not been reconsidered under this Section or Section 131 of the Community Charter, and has not been acted upon by an officer, servant or agent of the Municipality.

A reconsideration motion:

(a) must be brought forward by a member who voted on the prevailing side of the motion, or by any member who was absent during the original vote;

(b) may be seconded by any member;

(c) must be brought forward at the next meeting of Council after the original vote; or, in the case of when a member was absent at the time of the original vote, at the next meeting to which this member is able to attend;

(d) must receive a majority vote of Council for it to be adopted;

(e) if defeated, and the outcome being that the resolution is preserved unchanged, the same resolution may not be brought back before Council for six (6) months from the date of the latest vote, except with two-thirds consent of all the members of Council.

33.2 Each resolution or reading of a bylaw may be reconsidered under the provisions of Section 33.1

33.3 Notwithstanding section 33.2, once a bylaw is finally adopted, it may not be reconsidered except in accordance with Section 131 of the Community Charter.

33.4 Notwithstanding section 33.2, resolutions for third reading or final adoption of an Official Community Plan Bylaw or Zoning Bylaw shall not be reconsidered.

PART IX - RULES OF CONDUCT AND DEBATE

34. Decorum in Debate

34.1 Every Council member who wishes to speak to any question or motion shall raise their hand, wait to be recognized by the Chair and shall address themselves to the Chair.

34.2 Members of Council shall address the Chair as "Mr. Mayor, "Madam Mayor", or "Your Worship" or "Mr. or Madam Acting Mayor", or "Mr. or Madam Chair'' as the case may be, and shall refer to each other as "the Mayor" or "Councillor ", as the case may be. Bylaw 7060 Page 15

34.3 Members of Staff shall be addressed as Mr., Mrs., or Ms. or else shall be referred to by their official title.

34.4 When two or more Council members desire to speak at the same time, the Chair shall name the member who shall have the floor.

34.5 When the Chair is of the opinion that there has been sufficient debate he may put the question.

34.6 Any questions addressed to Staff shall be put through the Chair to the City Manager who shall refer the matter to the appropriate Staff representative if necessary.

35. Chair - Questions of Order

35.1 The Chair may call any Council member to order while that member is speaking.

35.2 When such action is taken, the Chair shall immediately suspend the debate, and the Council member in question shall refrain from speaking until the point of order is determined by the Chair, whose ruling is subject to an appeal by the Council members.

35.3 No Council member shall speak to any matter other than the question in debate or reflect upon any vote of the Council except for the purpose of moving that such vote be rescinded.

35.4 No Council member shall resist the rules of the Council nor disobey the decision of the Chair on points of order or practice, or upon the interpretation of the rules of the Council.

35.5 Should any Council member resist or disobey the decision of the Chair, the members may order the member in question to leave his seat for that meeting, and in the event of his refusing to do so, the Chair may order that the member be removed from the meeting.

35.6 In the event of satisfactory apology being made by the offending member, the Council may, by vote of the majority, permit the member to resume their seat forthwith.

35.7 When a Council member is speaking, no other member shall hold discourse which may interrupt the speaker except to raise a point of order, nor shall a member pass between the speaker and the Chair.

35.8 Any Council member may, by right, require the question under discussion to be read for his information at any period of the debate, but shall not do so as to interrupt a member speaking.

35.9 The Chair may speak at any time to either explain or clarify the effect of the motion then before the Council, but should the Chair determine to take part in any debate, the Chair shall be vacated while addressing the Council, and a new Chair shall assume the Chair as provided under Section 10. The Chair shall not be resumed until after the vote has been taken on the question. 134 Bylaw 7060 Page 16

35.10 When the question under consideration contains more than one recommendation, any member may request, by motion, that the vote upon each recommendation shall be taken separately and the Council members shall decide by majority vote of the members present how such vote shall be taken.

36. 11:OO P.M. Curfew

36.1 The Council shall observe an 11:OO p.m. curfew whereby the item on the Agenda under discussion at 11:OO p.m. will be the last item dealt with on that day unless, by majority vote, the Council members decide to extend the time of adjournment.

PART X - MINUTES

37. Adoption and Distribution

37.1 Minutes of the proceedings of Council, Committees, and Commissions must be legibly recorded, certified as correct by the Director of Legislative Services and signed by the Mayor or other member presiding at the meeting. Minutes of Advisory Bodies may be signed off by the Chair of that Advisory Body.

37.2 Prior to adoption, the Director of Legislative Services shall distribute a copy of all Minutes of Council meetings to each member of Council.

37.3 Whenever possible, Minutes of a given meeting shall be adopted at the next Council meeting or CommitteeICommission meeting, as appropriate.

37.4 In accordance with Section 97 of the Community Charter, Minutes of the proceedings of Council/Committees and Commissions must be available for public inspection at City Hall during its regular office hours.

37.5 Section 37.4 does not apply to Minutes of a Council meeting or that part of a Council meeting from which persons were excluded under Section 90 of the Community Charter.

PART XI - CONDUCT OF COMMITTEE BUSINESS

38. FinanceIPolicy Committee of the Whole

38.1 The FinanceIPolicy Committee of the Whole shall meet bi-weekly on the opposite Mondays of Council at 4:30 p.m. with the exception of July, August and December in which only one meeting will be held;

38.2 Despite subsection 38.1, meetings will not be held where a FinanceIPolicy Committee meeting falls on a statutory holiday or occurs during a week in which the FCM, UBCM or AVlCC annual conferences are held.

38.3 The Acting Mayor shall act as Chairperson of the FinanceIPolicy Committee of the Whole, unless otherwise determined by the Mayor. Bylaw 7060 Page 17

38.4 The Council, pursuant to the Council Delegation of Powers Bylaw has delegated its authority to the FinanceIPolicy Committee of the Whole to exercise any of the executive and administrative powers of Council.

38.5 The FinanceIPolicy Committee of the Whole may, by a majority vote of the Committee, refer any item appearing on the agenda to the regular Council for its consideration. If an item is referred in the manner noted above, the Director of Legislative Services shall place the item referred on the next regular Council agenda.

39. Duties of Commissions/Committees and Advisory Bodies

39.1 Commissions/Committees and Advisory Bodies must consider, inquire into, report, and make recommendations to Council about all of the following matters:

(a) matters that are related to the general subject indicated by the name of the Commission;

(b) matters that are assigned by Council;

39.2 CommissionsICommittees or Advisory Bodies must report and make recommendations to Council on all of the following items:

(a) in accordance with the schedule of the committee's meetings;

(b) on matters that are assigned by Council or the Mayor,

(i) as required by Council or the Mayor, or

(ii) at the next Council meeting if the Council or Mayor does not specify a time.

40. Schedule of Meetinqs

40.1 At its first meeting after its establishment a Commission, Committee or Advisory Body must establish a regular schedule of meetings.

40.2 The Chair of a Commission, Committee or Advisory Body may call a meeting in addition to the scheduled meetings or may cancel a meeting.

41. Notice of Meetings

41 .I After the Commission or Advisory Body has established the regular schedule of meetings, including the times, dates and places of the meetings, notice of the schedule must be given by:

(a) posting a copy of the schedule at the applicable Public Notice Posting Place; and

(b) providing a copy of the schedule to each member of the Commission, Committee or Advisory Body. 136 Bylaw 7060 Page 18

41.2 Where revisions are necessary to the annual schedule of Commission, Committee or Advisory meetings, as soon as possible a notice must be posted at the applicable Public Notice Posting Place which indicates any revisions to the date, time and place or cancellation of a meeting.

42. Minutes of Meetinqs

42.1 Minutes of Committee of the Whole, Commissions, Standing, or Select Committees must be maintained and available to public and:

(a) legibly recorded,

(b) certified by the Corporate Officer,

(d) open for public inspection in accordance with Section 97(l)(c) of the Community Charter.

43. Quorum

43.1 The quorum for a Committee of the Whole, Standing, Select or Advisory Committee or Commission is a majority of all of its members.

43.2 If a Committee/Commission member misses more than 3 meetings in a row, Council may rescind their appointment at any time and appoint another person in place of the person whose appointment was rescinded.

44. Conduct and Debate

44.1 The rules of the Council procedure must be observed during Standing or Select Committees, Commission, or Advisory Body meetings, so far as is possible and unless as otherwise provided in this Bylaw.

44.2 Council members may attend any meetings of a Standing or Select Committee, Commission or Advisory Body and may participate in discussions; however, only members who have been appointed or an alternate member attending in the absence of an appointed committee member, may introduce or vote on the proceedings.

44.3 The Mayor shall be an ex-officio, a voting member of all Committees and Commissions and when in attendance, shall possess all the rights, privileges, powers and duties of other members.

45. Deleqations

45.1 When a person or a group of persons wish to appear as a delegation before a Standing or Select Committee, Commission or Advisory Body on a matter within the jurisdiction of the Committee, they shall be subject to the requirements set out in this bylaw. Bylaw 7060 Page 19

46. Sub-committees

46.1 Committee of the Whole, Standing, Select or Advisory Committees or Commissions shall not be permitted to create sub-committees without the prior approval of Council.

47. Recommendations

47.1 Standing or Select Committee, Commission, or Advisory Body recommendations shall be subject to the approval of the Council, except where the Standing, Select, Committee of the Whole or Advisory Committee has been delegated administrative power by the Council.

PART Xll - GENERAL

48. If any section, subsection or clause of this bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this bylaw.

49. Any one or more of the rules and orders contained in this bylaw may be temporarily suspended by an affirmative vote of the majority of all Council members.

50. This bylaw may not be amended or repealed and substituted unless Council first gives notice in accordance with Section 94 of the Community Charter.

51. "COUNCIL PROCEDURE BYLAW 2005 NO. 7007" and amendments thereto, are hereby repealed.

PASSED FIRST READING 2007-OCT-29. PASSED SECOND READING 2007-OCT-29. PASSED THIRD READING 2007-OCT-29.

Notice of intention to proceed with this bylaw was published on the 8'h day of November 2007 in the Nanaimo Daily News, and on the 15thday of November 2007 in the Nanaimo News Bulletin, newspapers circulating in the City of Nanaimo, pursuant to Section 94 of the Community Charter.

ADOPTED

MAYOR

DIRECTOR, LEGISLATIVE SERVICES CITY OF NANAIMO

BYLAW NO. 7004.02

A BYLAW TO AMEND THE WATERWORKS RATE AND REGULATION BYLAW

WHEREAS the Council has, by bylaw, provided for the classification of users and established terms, rates and conditions under which water facilities may be supplied and used throughout the City;

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

1. -Title

This bylaw may be cited for all purposes as "WATERWORKS RATE AND REGULATION BYLAW AMENDMENT BYLAW 2007 NO. 7004.02.

2. Amendments

"WATERWORKS RATE AND REGULATION BYLAW 2007 NO. 7004" is hereby amended as follows:

(a) By deleting in its entirety Schedule 'A' and substituting therefore the attached Schedule 'A', which forms part of this Bylaw.

(b) By deleting in its entirety Schedule '9' and substituting therefore the attached Schedule 'B', which forms part of this Bylaw.

3. Effective Date

This Bylaw shall take effect on January 1, 2008.

PASSED FIRST READING PASSED SECOND READING PASSED THIRD READING ADOPTED

MAYOR

DIRECTOR LEGISLATIVE SERVICES Bylaw 7004.02

SCHEDULE 'A'

WATER RATES

1. A Minimum Service Rate of .3694257 dollars per day is hereby imposed on all properties.

2. The Minimum Service Rate referred to in Section 1 of this Schedule shall be levied and collected in any billing period.

3. In addition to the rates imposed pursuant to Section 1 of this Schedule, the following rates are hereby imposed upon all users and these rates shall be levied and collected for the proportionate amount of water consumed per day:

- for the first 145 gallons, $.00077175 per gallon, or the equivalent in cubic feet and/or cubic metres.

- for the next 75 gallons, $.0035721 per gallon, or the equivalent in cubic feet and/or cubic metres.

- for the next 109 gallons, $.003759525 per gallon, or the equivalent in cubic feet and/or cubic metres.

- for the next 219 gallons, $.003913875 per gallon, or the equivalent in cubic feet and/or cubic metres.

for the next 548 gallons, $.004046175 per gallon, or the equivalent in cubic feet and/or cubic metres.

- all consumption over 1,096 gallons, $.00416745 per gallon, or the equivalent in cubic feet andlor cubic metres.

4. All rates charged, as set out above, shall be due and payable when levied which shall be subject to a discount of five (5) percent, provided rates for the current billing period are paid in full including all arrears then outstanding into the office of the Collector or his agents, on or before the close of business on the date set out on the billing form.

5. Interim bills based on the estimated water consumption may be levied and collected between billing periods.

6. Where more than one residential unit has consumption measured through a single meter, the City will calculate the charge for water in two ways:

(a) in the manner described in Sections 1 - 4 of this Schedule ; and

(b) divide the total consumption by the number of units and use the average consumption per unit to calculate the charge as if each unit were a single family residence.

The City would then bill for the lower of the two amounts calculated above.

7. Water hauling services, distributors and other contractors shall be charged the highest water rate of $0.0041 6745 ($4.1711 000 gallons). Bylaw 7004.02

SCHEDULE 'B'

FIRELINE RATES

1. In the case of fireline service connections which are under 4 inches or 100 millimetres, rates levied and charged shall be on a minimum fee basis of $.365401575 per day.

2. In the case of fireline service connections which are 4 inches or 100 millimetres and over (combination), rates levied and charged shall be on a minimum fee basis of $307806975 per day.

3. In the case of fireline service connections which are 4 inches or 100 millimetres and over, rates levied and charged shall be on a minimum fee basis of $.61561395 per day.

BYLAW NO. 7054

A BYLAW TO PROVIDE FOR THE LlCENClNG OF COMMERCIAL VEHICLES OPERATING WITHIN THE ClTY OF NANAIMO

WHEREAS the Council of the City of Nanaimo may by bylaw, pursuant to Part 20 of the Local Government Act, to licence commercial vehicles operating within the City of Nanaimo;

AND WHEREAS the Council declares that Part 20 of the Local Government Act applies to the City of Nanaimo.

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

This Bylaw may be cited as the "COMMERCIAL VEHICLE LlCENClNG REGULATION BYLAW 2007 NO. 7054".

Interpretation

"City" Means the City of Nanaimo "Director of Finance" Means municipal officer assigned responsibility by Council under the Local Government Act. "Gross Vehicle Weight Means the weight of a vehicle without the load plus the (G.V.W.)" weight of any load therein, as licenced under Commercial Transport Act or Motor Vehicle Act. "Highway" Includes every highway within the meaning of the Transportation Act and every road, street, lane or right-of-way designed or intended for or used by the general public for the passage of vehicles and every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited." "Licence Plate" Means a commercial vehicle licence decal issued under Part 20 of the Local Government Act. "Licence Year" Means the period of time defined in the Local Government Act s.664. "Owner" Includes a person in possession of a motor vehicle under a contract by which he may become its owner on full compliance with the contract. "Owner's Certificate" Means and owner's certificate as defined in the Insurance (Motor Vehicle) Act. "Participating Municipality" Means a municipality in which a bylaw is in force declaring that Part 20 of the Local Government Act applies in that Municipality. Bylaw 7054

"Vehicle" Means a vehicle used by a person on a highway in a participating municipality which is a commercial vehicle defined as such by and licensed under the Commercial Transport Act and a vehicle not so licensed by which is used for the collection or delivery, or both, of merchandise or other commodity in the ordinary course of a business undertaking.

3. No person shall drive or operate a vehicle other than a vehicle exempt under Section 13 of this Bylaw, on a highway within the City of Nanaimo, unless there is displayed on the vehicle a valid and subsisting licence plate, issued in accordance with this Bylaw, for the vehicle.

4. The owner of a vehicle requiring a licence plate or operating under an agreement under the Commercial Transport Act shall:

(1) make an application as outlined in Schedule "A to this Bylaw;

(2) provide an owner's certificate for the vehicle to which the application applies; and

(3) pay the fees as prescribed by the program administered by the Union of British Columbia Municipalities.

5. All fees collected under this bylaw and in accordance with Division 3 of Part 20 of the Local Government Act shall be forwarded to the Director of Finance, who shall deal with them in the manner provided for by the said Act.

6. Upon receipt of the completed application and prescribed fee, a licence plate will be issued.

7. The licence plate issued under Section 6, shall be affixed to the inside of the front windshield in the upper centre (behind the rear-view mirror in most cases) of the vehicle to which it applies.

8. Where the owner ceases to be the owner of a vehicle to which a licence plate has been issued, the owner shall remove the licence plate and return it to the City for destruction.

9. A licence plate may be transferred from

(1) person to person for the same vehicle, provided that: (a) an application form is completed as noted in Section 4; and (b) a fee of $6.25 is paid to the City.

(2) vehicle to vehicle for the same person, provided that: (a) the old licence plate is returned to the City for destruction (b) an application form is completed and noted in Section 4; and (c) a fee of $6.25 is paid to the City, and any sum representing the difference in licence fee required for the transfer of a licence plate to a vehicle of a greater g.v.w. and the latter sum is deemed to be a licence fee for the purpose of Part 20 of the Local Government Act. Bylaw 7054

10. Where a licence plate becomes illegible or mutilated, the owner may apply to the City for a replacement, providing:

(1) the licence plate is returned to the City; (2) a new application form as outlined in Section 4 is completed.

11. A licence plate issued by the municipality is valid in every municipality for the current licence year.

12. Penalty:

(1) The owner or operator of a vehicle, other than a vehicle exempt under Section 667 of the Local Government Act,, who operates or uses or causes the vehicle to be operated or used on a highway in a participating municipality without holding and displaying a valid and subsisting licence plate for the vehicle commits an offence and may be subject to a fine as prescribed by the program administered by the Union of British Columbia Municipalities.

(2) A person who displays or causes to be displayed a licence plate on a vehicle not authorized to have it displayed on a vehicle, commits an offence and may be subject to a fine as prescribed by the program administered by the Union of British Columbia Municipalities and the licence plate may be seized by any peace officer.

(3) No fine imposed under this Section removed any liability for a prescribed licence fee under Part 20, Division 3 of the Local Government Act.

13. "COMMERCIAL VEHICLE LlCENClNG REGULATION BYLAW 1987 No. 3175" and all amendments thereto are hereby repealed.

PASSED FIRST READING PASSED SECOND READING PASSED THIRD READING ADOPTED

MAYOR

DIRECTOR LEGISLATIVE SERVICES Bylaw 7054

SCHEDULE "A"

r, CITY OF NANAIMO r) .APPLICATION FOR MUNICIPAL COMMERCIAL VEHICLE LICENSE - APPENDIX A BY-LAW 3300 14989

Applicant

(Signed) ...... i Address ......

1. Municipal license(s) on the following vehide(s):

And I remit herewith the total license fee for the year 20-

NOTE: Motor Vehicle Registration Card must accompany this application. The plate must be affixed on the front of the vehicle.

I DISTRIBUTION:WHITE-ACCOUNTING COPY CANARY-OFFICE COPY PINK-CUSTOMER FORM LCP 17/82 I ! ClTY OF NANAIMO

BYLAW NO. 4000.425

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. 4000.425".

2. The City of Nanaimo "ZONING BYLAW 1993 NO. 4000" is hereby amended as follows:

(1) By deleting Section 3.5 and replacing with the following:

3.5 LOT AREA EXEMPTIONS

Lot area requirements do not apply to a lot created for an unattended utility. Unattended shall mean there is no attendant or employee present on the lot.

(2) By deleting Subsection 3.6.1. and replacing with the following:

3.6.1 The following uses are permitted in all zones:

3.6.1.1. General Institutional Uses subject to the regulations contained in the (P-2) Public Institution Zone.

3.6.1.2. Utility corridors including highways, gas lines, telephone lines, electrical lines, and railways.

3.6.1.3. Unattended utility buildings. In this case, unattended shall mean there is no attendant or employee present on the lot.

3.6.1.4. Nature Sanctuary

(3) By deleting the definition of "Civic Use" from Section 4.1 Bylaw 4000.425 Page 2

(4) By adding the following definition of "General Institutional Use" in Section 4.1:

"GENERAL INSTITUTIONAL USE"- means the use of lands, buildings or structures for: police, ambulance and fire stations; courts of law; legislative chambers and offices, archives and meeting rooms ancillary thereto whether on the same property or not; utilities; nature parks; and communityparks.

(5) By deleting the definition of "Highway" from Section 4.1 and replacing with the following:

"HIGHWAY- includes a street, path, walkway, trail, lane, bridge, road, thoroughfare and any other transportation right-of-way, but does not include a place or passageway used exclusively by pedestrian or cycle traffic. Highway includes common access within a bare land strata plan which has been subdivided pursuant to the Condominium Act, but does not include other private rights-of-way on private property.

(6) By deleting the definition of "Nature Centre" from Section 4.1 and replacing with the following:

"NATURE CENTREn- means the use of land, buildings or structures for the use of educational programs and tours, special events and exhibits, galleries and theatres, and accessory offices, and operated accessory to a Nature Sanctuary

(7) By deleting the definition of "Nature Sanctuary" from Section 4.1 and replacing with the following:

"NATURE SANCTUARY- means the non-commercial use of land, buildings or structures for the preservation of plant and animal life and may also include, as accessory uses, Nature Centre and Caretaker's Dwelling Unit.

(8) By deleting the definition of "Public Utilities" from Section 4.1 and replacing with the following:

"UTILITIES"- means the use of lands, buildings or structures for utilities which furnishes services and facilities available at approved rates to or for the use of the inhabitants of the City. Such services and facilities shall be limited to the production, transmission, delivery or furnishing of water, gas, electricity or communication to the public; collection and disposal of sewage, garbage, and other waste; local transportation by bus, trolley, or other vehicle which operate scheduled services for the public at large.

(9) By deleting the definitions of "School- Private" and "School- Public" and adding the following definition of "School- Academic" to Section 4.1:

"SCHOOL- ACADEMIC1'- Means an institution with no residential component or temporary accommodation, providing a curriculum, for academic instruction up to completion of Grade 12, and which consists of a body of students, organized as a unit for educational purposes. Students attending the school shall have an opportunity to earn a diploma provided by the British Columbia Ministry of Education. Bylaw 4000.425 Page 3

(10) By deleting the definition of "School- Commercial" from Section 4.1 and replacing with the following:

"SCHOOL- COMMERCIAL"- means the use of land and buildings as a school conducted for hire or gain other then an academic school, and includes a dance studio, an art school, golf school, school of callisthenics, business school, language school, music school, martial arts school, animal training, computer training centre, and any other specialized school conducted for hire or gain.

(1 1) By deleting the definition of "Private Restaurant" from Section 4.1

(12) By deleting the definition of "Private Recreational Facility" from Section 4.1

(13) By deleting the definition of "Micro- Brewery" from Section 4.1 and replacing with the following:

"MICRO- BREWERY- means a small scale brewery dedicated to producing low volumes of high quality beer for sale to a number of licensed establishments andlor licensed liquor stores, but often confined to a relatively small geographic area.

(14) By deleting the definition of "Private Hospital" from Section 4.1 and replacing with the definition of "Hospital"

"HOSPITAL"- means a use or intended use of lands and buildings as defined in the Hospital Act.

(15) By deleting the definition of "Caretaker's Dwelling Unit" from Section 4.1

(16) By removing the permitted use "Caretaker's Dwelling Unit" from Subsections 8.2.1, 8.3.1, 9.13.1, 10.2.1, 10.3.1, 11.2.1, 11.3.1, 11.4.1, 11.5.1, and replacing it with "Accessory Dwelling Unit"

(17) By deleting Subsection 5.6.1 .Iand replacing with the following:

5.6.1.1. Temporary structures or buildings erected for the purpose of:

(a) temporary office space in a zone permitting the office use subject to other requirements of this Bylaw; or

(b) shelter for construction or maintenance crews; or

(d) sales office for subdivision, provided the office does not .exceed a gross floor area of 70 square metres (753.5 square feet); or Bylaw 4000.425 Page 4

(e) the storage of materials for the construction or maintenance of any utility, or a building or structure for which a required building permit has been obtained; provided the temporary structure or building is removed within 30 days of completion of the permanent utility, building or structure or 12 months after the temporary building is erected or installed, whichever is the lesser period.

(18) By deleting Subsection 5.6.1.2 and replacing with the following:

Temporary buildings or structures for classrooms on property zoned for academic schools and subject to the parking requirements for the facility.

(19) By deleting Subsection 5.9.5 and replacing with the following:

Open mesh or chain link type fences erected on a nature park, community park, city park, academic school, utility, and properties zoned Industrial are exempt from height restrictions.

(20) By deleting Subsection 5.16.2.1

(21) By deleting the permitted use "Administration and Recreation Buildings for a Strata Corporation" from Subsection 6.5.1 and replacing it with "Administration and Recreation Buildings Accessory to a Strata Use".

(22) By deleting Subsection 9.10.2.2. and replacing with the following:

Residential Hotels may include a dining area or accessory restaurant provided the restaurant or dining area is completely contained within the Residential Hotel and can only be accessed from within the Residential Hotel.

(23) By deleting the permitted use "private school" from Subsections 9.26.1, 9.28.1, 9.29.1, 9.30.1 and replace with "academic school"

(24) By deleting the permitted use of "public/ private hospital" from Subsections 9.27.1, 9.28.1, 9.29.1, 9.30.1 and replace with "hospital"

(25) By deleting the permitted use of "Helicopter Landing Pads in association with PublicIPrivate Hospitals" from Subsection 12.2.1 and replacing it with "Helicopter Landing Pads in association with Hospitals" Bylaw 4000.425 Page 5

(26) By deleting Subsection 12.3.1 and replacing with the following:

12.3.1 PERMITTED USES

Accessory Dwelling Unit Cemeteries and Related Facilities Jails, Prisons and Correctional Centres Laboratories Motor Vehicle Testing Stations Utilities Storage and Works Yard

(27) By deleting Subsection 12.4.1 and replacing with the following:

12.4.1 PERMITTED USES

Helicopter Landing Pads Railway Yards Unoccupied Utility Buildings Transportation Equipment Industry and Storage Transportation Terminal and related facilities

PASSED FIRST READING PASSED SECOND READING PUBLIC HEARING HELD PASSED THIRD READING MINISTRY OF TRANSPORTATION APPROVAL ADOPTED

MAYOR

DIRECTOR LEGISLATIVE SERVICES

File: 3900-30-ZAI-78 ClTY OF NANAIMO

BYLAW NO. 4000.426

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. 4000.426.

2. The City of Nanaimo "ZONING BYLAW 1993 NO. 4000" is hereby amended as follows:

(1) By deleting "13 off-street parking" from the Table of Contents and replacing with the following:

13. Parks, Recreation and Culture Zones

13.1 Parks, Recreation and Culture Zone One - (PRC-1) 13.2 Parks, Recreation and Culture Zone Two - (PRC-2) 13.3 Parks, Recreation and Culture Zone Three - (PRC-3)

(2) By adding the following to Subsection 3.1 after "Part 12- Public Institution Zones"

Part 13- Parks, Recreation and Culture Zones

Parks, Recreation and Culture Zone One (PRC-1) 13-1 Parks, Recreation and Culture Zone Two (PRC-2) 13-2 Parks, Recreation and Culture Zone Three (PRC-3) 13-3

(3) By adding the following definitions in Section 4.1 :

"CITY PARK- means use of land, buildings or structures for participatory recreation and cultural activities including recreational facilities, water slides, libraries, cultural facilities, golf courses, golf driving range, mini put golf, assembly halls, horse riding stables, petting zoo's, daycares and the like. This definition shall specifically include accessory uses of restaurant, office, retail, accessory dwelling unit, commercial school, lounge, and neighbourhood pub.

"COMMUNITY PARK- means use of land, buildings or structures primarily for recreation including playgrounds, band shells, skateboard parks, canoe and kayak docks, boathouses, playfields, field houses, multi-purpose courts and the like. Bylaw 4000.426 Page 2

"NATURE PARK- means use of land, buildings or structures primarily for conservation and enjoyment of natural areas. Uses can include boardwalks, trails, environmentally sensitive areas, nature sanctuaries and the like.

(4) By adding the following after Section 12.6:

Part 13- Parks, Recreation and Culture Zones

13.1 Parks, Recreation and Culture Zone One - (PRC-1)

This zone provides opportunities for the conservation and enjoyment of natural spaces within City parks. The zone will allow for recreational and educational uses that are compatible with the natural features within the park.

13.1.1 Permitted Uses Nature Park

13.1.2 Lot Coverage

13.1.2.1 The maximum lot coverage shall not exceed 20% of the lot area

13.2 Parks, Recreation and Culture Zone Two - (PRC-2)

This zone provides for a park area for the recreational and cultural use and enjoyment by the general public.

13.2.1 Permitted Uses Nature Park Community Park

13.2.2 Lot Coverage

13.2.2.1 The maximum lot coverage shall not exceed 20% of the lot area

13.2.3 Yard Requirements

13.2.3.1 Front, rear and side yards shall be provided of not less than 3.0 metres (9.84 feet) in depth

13.3 Parks, Recreation and Culture Zone Three - (PRC-3)

This zone provides for organized recreational and cultural activities in developed parks, playfields, or similar recreational facilities.

13.3.1 Permitted Uses Nature Park Community Park City Park Bylaw 4000.426 Page 3

13.3.2 Conditions of Use

13.3.2.1 Neighbourhood pubs shall be contained within a recreational facility and shall only be accessible to the public from within a recreational facility.

13.3.3 Lot Coverage

13.3.3.1 The maximum lot coverage shall not exceed 40% of the lot

13.3.4 Yard Requirements

13.3.4.1 Front, rear, and side yards shall be provided of not less than 3.0 metres (9.84 feet) in depth.

PASSED FIRST READING PASSED SECOND READING PUBLIC HEARING HELD PASSED THIRD READING APPROVED BY THE MINISTRY OF TRANSPORTATION ADOPTED

MAYOR

DIRECTOR LEGISLATIVE SERVICES

File: 3900-30-21-32 SCHEDULE A 154 pRCl ...... PRCZ SCHEDULE B PRC3 155 SCHEDULE C

156 SCHEDULE D 157 SCHEDULE E 158 nnie ~?iveView Point

SCHEDULE F 159 SCHEDULE G

160 SCHEDULE H 161 Colborne Park

pRCr .:.::::ssssy:s3: yJs>sss>sj:::s PRC2 SCHEDULE I SCHEDULE J 163 SCHEDULE K SCHEDULE L

SCHEDULE N

167 PRCl ...... PRC~pzA SCHEDULE O PRC3 168 GORWNS LqNE

SCHEDULE P 169 SCHEDULE Q

170 wn Road Park

SCHEDULE R 171 SCHEDULE S Kinsman Park

. _

SCHEDULE T

173 Crescent View D

SCHEDULE U 174 SCHEDULE V

175 SCHEDULE W SCHEDULE X

177 SCHEDULE Y 178 SCHEDULE Z SCHEDULE AA 180 isborn Garden

PRCZ SCHEDULE BB Westwood Lake Park

SCHEDULE CC 182 Trinity Park

MORRELL CIRCLE MORRELLPl

SCHEDULE DD 183 SCHEDULE EE 184 SCHEDULE FF SCHEDULE GG

186 SCHEDULE HH

187 SCHEDULE ll 188 SCHEDULE JJ

189 SCHEDULE KK 190 SCHEDULE LL

191 pRCl I.:.::::i:i:i:i:$:I:j:i: ::::l;$$$i:$i::::::: PRCZ wA SCHEDULE MM PRC3 192 ClTY OF NANAIMO

BYLAW NO. 4000.427

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. 4000.427".

2. The City of Nanaimo "ZONING BYLAW 1993 NO. 4000" is hereby amended as follows:

(1) By rezoning the land legally described as LOT 3 DISTRICT LOT 54 WELLINGTON DISTRICT PLAN 17543 EXCEPT THOSE PARTS IN PLANS 30804, 38226, AND 47665 from Single Family Residential Zone (RS-1) to Low Density Multiple Family Residential (Townhouse) Zone (RM-3), as shown on the attached Schedule "A"

PASSED FIRST READING PASSED SECOND READING PUBLIC HEARING HELD PASSED THIRD READING ADOPTED

MAYOR

DIRECTOR, LEGISLATIVE SERVICES

File: RAOOOI 95 Address: 5160 Hammond Bay Road Applicant: Maureen Pilcher Bylaw 4000.427

SCHEDULE A

' 5310 a, 5311 tj i? -3 C W 5089 Park 5291 5086

File : RA000195 Subject Civic: 5160 Hammond Bay Road 0Property 2007-NOV-19 STATUS OF BYLAWS PAGE 1

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.

4000.387 "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.

4000.402 "ZONING BYLAW AMENDMENT BYLAW 2006 NO. 4000.402" (RAI 72 - 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.

4000.407 "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.

4000.41 0 "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.410" (RA184 - to rezone parts of the subject properties from Single Family Residential Zone (RS-I) to Single ~amil~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. Public Hearing held 2007-APR-05. Passed third reading 2006-APR-30. Requires covenant registration prior to final adoption.

4000.418 "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.418" (RA190 - to rezone from Single Family Residential Zone (RS-1) to Residential Duplex Zone (RM-1) in order to construct a duplex at 1606 Meredith Road)

Passed first and second readings 2007-JUN-25. Public Hearing held 2007-AUG-02. Passed third reading 2007-AUG-13. Approved by Ministry of Transportation 2007-AUG-24. Requires covenant registration prior to final adoption. 195 2007-NOV-19 STATUS OF BYLAWS PAGE 2

4000.41 9 "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.419" (RA186 - to rezone from Single Family Residential Zone (RS-1) to Residential Triplex / Quadruplex Zone (RM-2), in order to construct a three unit development at 3772 Departure Bay Road)

4000.420 "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.420" (RA192 - for a site specific amendment to the Chapel Front Zone (C-28) to increase the maximum floor area ratio from 2.5 to 3.3 at 15/21 Front Street)

Passed first and second readings 2007-JUL-09. Public Hearing held 2007-AUG-02. Passed third reading 2007-AUG-13. Approved by Ministry of Transportation 2007-AUG-24. Requires covenant registration prior to final adoption

4000.421 "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.421" (RA182 - to rezone from Single Family Residential to a new Comprehensive Development Zone (CD-5), in -order to allow a nine-unit development at 2937 Departure Bay Road)

Passed first and second readings 2007-JUL-09. Public Hearing held 2007-SEP-06. Passed third reading 2007-SEP-10. Requires covenant registration prior to final adoption.

4000.423 "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.423" (RA196 - to rezone property from Single Family Residential Zone (RS-1) to Residential Duplex Zone (RM-I), in order to construct a duplex at 5190 Dunster Road)

Passed first and second readings 2007-OCT-15. Requires Public Hearing, third reading, and Ministry of Transportation approval prior to final adoption.

4000.424 "ZONING BYLAW AMENDMENT BYLAW 2007 NO. 4000.424" (RA197 - to rezone a portion of the property from Residential Duplex Zone (RM-1) to Single Family Residential Zone (RS-1) in order to create two single family lots at 4775 and 4777 Hammond Bay Road)

Passed first and second readings 2007-OCT-15. Requires Public Hearing and third reading prior to final adoption.

6000.073 "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2007 NO. 6000.073" (OCP00030 - to redesign ate the property from "Rural Resource Lands" to "Suburban Neighbourhood" designation and include inside the Urban Containment Boundary property located at 141 Westwood Road)

Passed first and second readings 2007-MAY-14. Requires Public Hearing and third reading prior to final adoption. 2007-NOV-19 STATUS OF BYLAWS PAGE 3

6000.079 "OFFICIAL COMMUNITY PLAN BYLAW AMENDMENT BYLAW 2007 NO. 6000.079 (OCP041 - to add site specific policy to permit a mixed use development, including office, commercial and multiple-family residential uses, to a maximum 50 units per hectare and six-storey height on property located at 5220 Metral Drive)

Passed first and second readings 2007-OCT-29. Requires Public Hearing and third reading prior to final adoption.

7058 "HIGHWAY NAME CHANGE BYLAW 2007 NO. 7058" (to change the name of a portion of Otter Way to Zorkin Road)

Passed first and second readings 2007-OCT-29. Requires final adoption.

7060 "COUNCIL PROCEDURE BYLAW 2007 NO. 7060" (to regulate the meetings of council)

Passed first, second and third readings 2007-OCT-29. Requires publication of Notice of Intention to Proceed with Bylaw in local newspapers prior to final adoption. 11/05/2007 HON 14:14 PIiX 250 755 4436 CITY OF NAlJAIKO --- LEGISLATIVE SERV FCM 613.241.7440 11/5/2007 3:13:5S PM PAGE 001/001 -~.~S.~LVRY:.~.~~~~I

Land Management in Local Comrnunitie FCM Opportunities and Chaltenges for First Nations - rd-mdowdaPdhM*+iliw - Municipal Government Relations IdndMaNinmerUW

*"PLEASE DISTRIBUTE TO ALL MEMBERS OF COUNCIL AND SENIOR STAFF*"

You are Invited to a Land Management Workshop I Nanaimo, BC, The Coast Bastien Inn Thursday, December 6,2007,8:00 a.m. - 4:30 p.m. Objective of the Land Management Project The Land Management Project (LMP) seeks to encourage communication and cooperation between First , Nations and municipal governments on issues related to land management and social and economic development.

Who we are The LMP is an initiative of FCM, in partnership with the Lands Advisory Board, the National Aboriginal Land Managers Association and the First Nations Tax Commission, with support from Indian and j Northern Affairs Canada.

Workshops Workshops are being conducted across Canada, providing a forum for discussion between First Nations . i and municipal governments on land-management issues. In particular, the workshops provide information on the Additions to Reserve Process and the First Nations Land Management Act and the resulting opportunities and challenges for First Nations and municipal governments. The workshops also explore the ,growing potential for First Nation-municipal partnerships in areas such as infrastructure, service provisions, and economic and social development.

Who should attend? Elected municipal officials, elected First Nation officials, administrators, land managers, economic development officers, and others interested in improving or establishing effective communications with an adjacent First Nation or municipality. i What will be addressed? lnvited speakers will address various topics. including: Working Through Additions to Reserves: Challenges and Opportunities for Municipal- Aboriginal Relationships; Building Community-Level Support for First Nations-Municipal Relationships; and Economic and Social Development Partnerships. A substantial amount of time will be dedicated to questions, break-out sessions, and dialogue.

Participation is free of charge. Breakfast, lunch and refreshments will be provided. Please contact Elaine Gibson, Project Coordinator, at (613) 907-6330 or [email protected] to confirm I your attendance or for more information- Please ask for the hotel booking information when you confirm your attendance. Please note that the Hotel will only hold rooms until November 16". More j information on the project is available on the project website at www.lmp-~at.fcm.ca.

NEW: FCM now pays a travel subsidy to help First Nations and Municipal a dlstance -.please inquire for more detans. d 0

...... <- -.... _-- -..." .--.>. - .,->, . ! I rr--.-: ..___... -._ -->--"-; i NTRAL SERVICES : 3333,6250 Hammond Bay Rd., Nanaimo BC, Canada V9R 5N3 Phone: (2501 758-4697 Fax: (2501 758-2482

November 6, 2007

His Worship Gary Korpan, Mayor City of Nanaimo 455 Wallace Street Nanaimo, BC

Dear Mayor Korpan and councillors:

Re: Appointment to the 2008 Vancouver Island Regional Library Board

As cornerstones of their communities, our libraries connect people to each other, to their community and to their hopes and dreams. Libraries promote and enrich the democratic, cultural, educational and economic life of your residents.

With the new year not too far off, it is time to consider your appointment or reappointment to the Vancouver Island Regional Library Board. The position is one of great importance, as VIRL is the ninth largest library system in Canada, and serves in excess of 420,000 island residents.

As per provincial legislation (Library Act [RSBC 19961 Chapter 264), certified resolutions must be submitted to VIRL by December 15, 2007, along with specific information pertaining to the appointment or reappointment

For your convenience we have included Board Member and Alternate Appointment Forms.

Please send the completed forms and certified copy of the appropriate resolution to the attention of Rosemary Bonanno, Executive Director, in the enclosed self-addressed envelope or by fax (250) 758-2482, or email ([email protected]).

Thank you for your continuing support!

Sincerely,

Rosemary Bonanno Executive Director, Vancouver Island Regional Library

Strong Libraries Strong Communities 199 CITY OF NANAIMO

LEGISLATIVE SERVICES DEPARTMENT REQUEST TO APPEAR AS A DELEGATION

year month day

COUNCIL (at 7:00 p.m. in the RDN Board Chambers, 6300 Hammond Bay Road)

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: LOrenzlBert AbbOtt Print ADDRESS: 40 Kennedy Street Nanaimo BC V9R 2H6 street address City Province Postal Code PHONE: 250-741 -8381 250-7 14-2106 FAX: - home business

NAME OF APPLICANT IF OTHER THAN ABOVE: U~rream NanaimO

Lesley Lorenz, Vice Chair of Team Nanaimo, and Bert Abbott, Director of BC Paraplegic Association,have recieved $25,000 provincial funding for our community to conduct a survey and assessment of accessibility and inclusion issues for persons with a disability. We will give a brief 3-4 minute report on what our Task Force hopes to achieve. At this point no special technical requirements other than microphone access for Bert Abbott, who will be speaking from a wheelchair. We ask that Council pass a motion to proclaim that: "The City of Nanaimo is in support of the implementation of the Legacies Now Measuring Up program which will seek greater inclusion

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.

HCmll Phone: (250) 755-4405 Legislative Services Department Fax: (250) 755-4435 455 Wallace Street, Nanaimo BC V9R ,a~ese~m.ofi,g,,,,[email protected]