THE CORPORATION OF THE CITY OF NELSON Regular Council Meeting AGENDA Monday, June 10, 2013 at 7:00 PM. in Council Chambers, City Hall 2nd Floor, 310 Ward Street, Nelson, B.C. Page . 1 Call to Order . 2 Introduction of Late Items . 3 Adoption of the Agenda . 4 Adoption of Minutes of Previous Meetings . (a) Special Meeting, April 8, 2013 . (b) Public Hearing, April 8, 2013 . (c) Regular Meeting, April 8, 2013 . (d) Special Meeting, April 15, 2013 . (e) Special Committee of the Whole Meeting, April 15, 2013 . (f) Committee of the Whole Meeting, April 22, 2013 . (g) Special Meeting, April 22, 2013 . (h) Special Meeting, May 6, 2013 . (i) Regular Meeting, May 6, 2013 . (j) Public Hearing, May 13, 2013 . (k) Special Meeting, May 13, 2013 . 5 Recommendations from Committee of the Whole Meetings . 6 Requests . (a) Development Permit: Roof Top Sign Exemption (115 Hall Street) 3 - 8 . (b) Development Permit and Development Variance Permit (601 Latimer 9 - 44 Street) . 7 Delegations . (a) Community Health Resource and Education Centre 45 - 78 . 8 Recommendations from Staff . (a) Municipal Partnership Agreement with Sandpoint ID 79 - 86 . 9 Information Items (includes Correspondence and Minutes of Committee and Commission Meetings) . (a) Reports and Correspondence 87 - 95 . (b) Minutes of Commissions and Committees 96 - 102 . (c) Action Items Listing 103 - 107 . (d) Take Root Grant Application 108 . 10 Notice of Motion . (a) Councillor Macdonald: Composting Assessment 109 - 111 . (b) Councillor Cherbo: Healthy Communities Motion 112 - 129 . 11 Late Items . 12 Council Reports . 13 In-Camera Items Released to the Public . 14 Resolution to Adjourn THE CORPORATION OF THE CITY OF NELSON REQUEST FOR DECISION DATE: June 10, 2013 Regular TOPIC: Development Permit – Roof Top Sign at 115 Hall Street PROPOSAL: A sign permit for a roof top sign was applied for at 115 Hall Street. (Roof top signs are not permitted under the Sign Bylaw No. 2027 and an exemption is required from Council) PROPOSED BY: Staff _____________________________________________________________________ ANALYSIS SUMMARY: Kootenai Moon Furniture Inc. has applied for a roof top sign at 115 Hall Street. Roof top signs are explicitly not permitted by the Sign Bylaw No. 2027. Exemptions from the Sign Bylaw may be granted by a majority decision of Council. BACKGROUND: There is precedence for roof top signs within the Downtown. To the best of staff’s knowledge roof top signs were approved for Cowan’s (517 Victoria St.) and the Academy of Classical Oriental Science (303 Vernon St.) since the Sign Bylaw No. 2027 has been in place. Historically, the Hume Hotel roof top sign continues to exist and predates the Sign Bylaw adopted in 1983. The application has been reviewed by staff in Development Services and Sustainability. A Building Permit is required for the roof top sign. While it would be preferable for the sign to be affixed to the building face, the business owner is requesting an exemption as she believes visibility will be increased with the sign that she is proposing. The proposed sign is on a lower portion of the roof that serves as a canopy, and the sign has been designed so that it will not extend above the main parapet of the roof. BENEFITS OR DISADVANTAGES AND NEGATIVE IMPACTS: Approval of this roof top sign will continue to set precedence in the Downtown. LEGISLATIVE IMPACTS, PRECEDENTS, POLICIES: The Sign Bylaw No. 2027 controls the size, shape, type and location of signs within the City. All new signs within the Downtown core require a Development Permit for Signage. The Sign Bylaw was written in 1983, and has been identified as requiring a complete update. COSTS AND BUDGET IMPACT - REVENUE GENERATION: Costs associated with the review and processing of Development Permits and Building Permits are subject to application fees that are intended to cover the costs of processing the permits. IMPACT ON SUSTAINABILITY OBJECTIVES AND STAFF RESOURCES: The Hall Street corridor is one of the key connections to link the downtown and the waterfront. Efforts are underway to develop a plan to strengthen the connection along the Hall Street corridor. COMMUNICATION: Council’s decision will be communicated to the applicant. OPTIONS AND ALTERNATIVES: 1. Deny the request for exemption. 2. Refer the matter to staff. ATTACHMENTS: • Development Permit for Signage application • Sign Bylaw excerpt RECOMMENDATION: That Council passes the following resolution/s: 1. That Council authorize an exemption to the Sign Bylaw No. 2027 and that staff be directed to issue a Development Permit for a roof top sign for 115 Hall Street as submitted. AUTHOR: REVIEWED BY: __________________________ ____________________________ MANAGER OF DEVELOPMENT CITY MANAGER SERVICES & SUSTAINABILITY Schedule A DP_Sign-1302013 115 Hall Street Schedule A DP_Sign-1302013 115 Hall Street THE CORPORATION OF THE CITY OF NELSON REQUEST FOR DECISION DATE: June 10, 2013 Regular TOPIC: Renewal – Development Permit and Development Variance Permit – 601 Latimer Street PROPOSAL: To Construct a Four-Plex PROPOSED BY: Staff _____________________________________________________________________ ANALYSIS SUMMARY: The proponent is seeking a renewal of a Major Development Permit to construct a four- plex, which includes variances to the parking requirement, the front and exterior setbacks and the lot coverage. The property is currently vacant. The Development Permit with variances was considered and approved by Council on May 9, 2011. No changes from the application approved by the City of Nelson in 2011 are requested or proposed by the proponent. The following variances are required to facilitate the development: • vary the parking requirement from 6 stalls below ground to 6 stalls above ground; • relax the lot coverage requirement from 45% to 48%; • relax the front setback (from Latimer St.) from 4.5m to 3.0m; and • relax the exterior side setback (from Josephine St.) from 4.5m to 3.0m. A staff memo is attached. BACKGROUND: The subject property consists of two vacant lots at the corner of Latimer Street and Josephine Street. The applicant is seeking approval to construct a four-plex with parking accessed from the lane. BENEFITS OR DISADVANTAGES AND NEGATIVE IMPACTS: If approved, the variances will enable the owner to move forward with their plans and provide four additional dwelling units to the existing residential housing stock. No negative impacts are expected if the variances are approved. LEGISLATIVE IMPACTS, PRECEDENTS, POLICIES: Variances are required for any construction that varies the provisions of the Land Use Regulation Bylaw No. 2243. Council must approve all development variance permits. The neighbours within a 60 meter radius have been notified of Council’s intention to review this application. Section 922(6) of the Local Government Act states that notice must be mailed or otherwise delivered at least 10 days before adoption of the resolution. COSTS AND BUDGET IMPACT - REVENUE GENERATION: Revenue is received through building permit fees. Property improvements increase property assessments, and thus taxes. IMPACT ON SUSTAINABILITY OBJECTIVES AND STAFF RESOURCES: There are no perceived negative impacts on Sustainability Objectives within the Path to 2040 documents. The increase to the mix of housing options is a priority objective of the Affordable Housing Strategy and this development will likely serve moderate income households seeking homeownership, a group identified as facing housing challenges. Multi-unit housing and infill developments support the principle of Healthy Neighbourhoods identified in the Path to 2040 Sustainability Strategy. COMMUNICATION: The neighbours within a 60 m radius of the subject property were notified of the request for a variance and have been invited to make comment on the proposed application. At the time of writing this report, no written comments have been received. OPTIONS AND ALTERNATIVES: 1. Approve the application 2. Deny the application 3. Refer the matter to staff ATTACHMENTS: • Staff Memo RECOMMENDATION: That Council passes the following resolution: 1. That the application for a Development Variance Permit to vary the requirements of Land Use Regulation Bylaw No. 2243, 1987 to allow for the construction of four-plex multi unit residential building BE APPROVED for Lot 23 & 24, Block 41, District Lot 95, Kootenay District Plan 9500 (601 Latimer Street) as follows: Bylaw No. 2243, Sections 2.4.5(2)(b); 2.4.7(2); 2.4.9(1)(a)(i); 2.4.9(1)(c)(i). To vary the underground parking requirement by replacing it with on-site parking; to relax the lot coverage from 45% to 48%; to relax the front setback from 4.5 meters to 3.0 meters; and to relax the exterior side setback from 4.5 meters to 3.0 meters. AUTHOR: REVIEWED BY: __________________________ ____________________________ MANAGER OF DEVELOPMENT CITY MANAGER SERVICES & SUSTAINABILITY Application No: 1302008 THE CORPORATION OF THE CITY OF NELSON MEMORANDUM TO: Dave Wahn FROM: Daphne Powell DATE: June 3, 2013 RENEWAL: Development Permit & Development Variance Permit SUBJECT: Application: 0868556 BC Ltd. 601 Latimer Street The owner has applied to renew a Development Permit and Development Variance Permit. The application includes variances to relax requirements of the City of Nelson Land Use Regulation Bylaw No. 2243, 1987 as follows: Applicant Wilfred Schmidt Property Lots 23 & 24, Block 41, District lot 95, Plan 9500 - 601 Latimer Street section 2.4.5(2)(b); 2.4.7(2); 2.4.9(1)(a)(i); 2.4.9(1)(c)(i) To vary the underground parking requirement by replacing it with on-site Relaxation parking; to relax the lot coverage from 45% to 48%; to relax the front Requested setback from 4.5 m to 3.0 m; and to relax the exterior side setback from 4.5m to 3.0 m Purpose To allow construction of a four-plex residential building Background: The proponent is seeking a renewal of a Major Development Permit to construct a four- plex, which includes variances to the parking requirement, the front and exterior setbacks and the lot coverage.