District of Lantzville Agenda for the Regular Meeting of Council of the District of Lantzville to be held on Monday, June 15, 2020, at 7:00 pm in the Council Chamber, Municipal Hall, 2nd Floor, 7192 Lantzville Road, Lantzville, BC Pursuant to the May 1, 2020 Ministerial Order No. M139 [Local Government Meetings and Bylaw Process (COVID-19) Order No. 2) members ofCouncil may participate in this meeting, utilizing electronic or other communication facilities and members ofthe public will not be allowed to attend this open meeting of Council. Members of the public who wish to provide input regarding agenda items can submit written comments by email ([email protected]), mail or drop off at Municipal Hall before 12:00 noon on the meeting day, providing their name, address, and comment, which will be shared with Council and form part of the public record. The public is also encouraged to view and listen to the meeting recording ofthe open portion ofthe meeting, on line via the District's website. Meetings Recorded by the District ofLantzville may be viewed at www.lantzville.ca. The public is p1'0hibitedfrom recording Council meetings unless authorized by Council. Page N o. 1. CALL TO ORDER
1-5 2. ADOPTION OF THE AGENDA THAT the June 15, 2020 regular Council meeting agenda be adopted, as presented.
3. MOTION TO CLOSE THE MEETING TO THE PUBLIC - Nil
4. RECONVENE - Nil
5. PUBLIC AND STATUTORY HEARINGS - Nil
6. GENERAL MATTERS (Delegations/ recognitions) - Nil
START OF CONSENT AGENDA 7. CONSENT AGENDA THAT the recommendation listed for item 7a) in the Consent Agenda be approved. 6-9 a) THAT the May 25, 2020 regular Council meeting minutes be approved, as presented. END OF CONSENT AGENDA
8. PUBLIC INPUT PERIOD - N/ A LEGISLATIVE MATTERS (Bylaws, development variance permits, agreements, contracts, grants, budgets) 10-17 a) Bylaw No. 234 THAT "District ofLantzville Cash-in-Lieu of Parking Bylaw No. 234, 2020" be given first, second and third readings. THAT "District Lantzville Cash-in-Lieu of Parking Bylaw No. 234, 2020" be adopted.
P1 District of Lantzvi11e June I 5, 2020 Regular Council Meeting Agenda Page2 ofS b) Bylaw No. 235 [See Item 9. a staff report] THAT "District of Lantzville Village Core Parking Improvement Reserve Fund Bylaw No. 235, 2020" be given first, second and third readings. THAT "District of Lantzville Village Core Parking Improvement Reserve Fund Bylaw No. 235, 2020" be adopted.
18-29 c) Bylaw No. 238 THAT "District of Lantzville Highway Name Change (Foothills Roads) Bylaw No. 238, 2020" be given first, second and third readings. THAT "District of Lantzville Highway Name Change (Foothills Roads) Bylaw No. 238, 2020" be adopted.
d) Bylaw No. 239 [See Item 9. c staff report] THAT the owners and occupants of 7871 & 7873 McKercher Road be contacted for input on the potential of renaming the section of McKercher Road north ofthe Island Highway to Aats Road.
30-32 e) Bylaw No. 246 THAT "District of Lantzville Sewer Rates and Regulations Bylaw No. 66, 2007, Amendment (Rates) Bylaw No. 246, 2020" be given first, second and third readings. THAT "District of Lantzville Sewer Rates and Regulations Bylaw No. 66, 2007, Amendment (Rates) Bylaw No. 246, 2020" be adopted.
10. UNFINISHED BUSINESS a) Public Hearings Councillor Geselbracht's Recommendation (Notice of Motion Given May 25, 2020): THAT in order to have a public hearing, suggest that Council adopts the following: 1. Designate evening meeting date for rezoning public hearing. 2. Advise public that due to provincial COVID-19 virus restrictions no more than 50 persons (including staff) may attend meeting venue. 3. Therefore, residents are encouraged to either write a letter or send an email to staff who will then ensure that each member of Council receives a copy which will then form part of the public record. 4. Advise public that there are two preferred methods of public input: • Written submissions presented to Council through staff as outlined in item 3 above, and • Verbal presentations at meeting venue. P2 District of Lantzville June 15, 2020 Regular Council Meeting Agenda Page3 ofS 5. With respect to item 4 above (verbal presentations) • Any person wishing to make a verbal presentation must advise staff in writing or by email, on a first come, first served basis, of intention to speak for a first time. Once the reservation list is filled (50 persons less staff needed at the event), then the list will be cut off for the first night of public hearing, • If less than 50 speakers sign up for first night of hearing, then persons wishing to speak a second time may add their name to the speakers' list (during meeting and at discretion of Chair), • If there are additional persons beyond those on the list for the first night, then a second hearing night will be scheduled and a new speakers' list will be compiled by staff set out above, or • If less than 50 speakers sign up for second night of hearing, then persons wishing to speak a second time may add their name to the speakers' list (during meeting and at discretion of Chair). 6. The public hearing will be recorded live for all residents to view proceedings. Staff recommendation: THAT the Public Hearings motion be referred to staff for a report.
11. COMMITIEE/COMMISSION RECOMMENDATIONS 33-35 a) March 3, 2020 Economic Development and Sustainability Committee Meeting Minutes - For Information b) June 2, 2020 Economic Development and Sustainability Committee Meeting Recommendations THAT the call for submission for community murals be published; AND FURTHER THAT $4,000 in special request funding from the 2020 Small Scale Beautification Projects budget be authorized for reimbursement of project materials, and up to $1,000 be authorized as an honorarium to the successful proponent(s), for a total of $5,000. THAT $1,275 in special request funding be authorized for the District of Lantzville to sponsor a community page on the Support Local BC website, and the remaining $3,725 be authorized for Shop Local promotional initiatives, e.g. mailing of a communication piece with a local business directory, two banners to hang at Municipal Hall, the purchase of pridemark window decals, and a social media campaign implemented through a media organization to promote the Shop Local campaign; AND FURTHER THAT the District of Lantzville 2020-2024 Financial Plan Bylaw be amended to reallocate $5,000 in special request funding from the Economic Incentive Programs budget to support village core revitalization to strategic priority 2F. Shop Local Campaign. P3 District of Lantzville June 15, 2020 Regular Council Meeting Agenda Page4 ofS
12. NEW BUSINESS (Reports and correspondence) a) Mayor & Councillors - Verbal Updates
41-53 b) 7193 Sebastion Road Retaining Wall Encroachment i) District's February 3, 2020 Removal Order ii) Owner's June 1, and June 8, 2020 Proposals iii) Greenspace Plan Councillor Savage's recommendation: THAT any further action on the encroachment onto District property at Sebastion Rd, be postponed until a greenspace plan for the Sebastion Rd beach road end has been completed, unless such action is needed to implement the current Sebastion road works.
c) Community Amenity Contributions THAT the District of Lantzville Community Amenity Contributions document be amended as follows: a) in Section 20 by adding ''beach road end improvements" and "community events" to the list of potential community amenity contributions, and b) in Section 21 by adding the words "community amenity contributions and" after the words ''to guide negotiations for"; AND FURTHER THAT the District of Lantzville community Amenity Contributions document, as amended, be approved.
68-80 d) Licence of Occupation Agreement Template THAT the form of the licence of occupation agreement template as substantially attached to the June 15, 2020 staff report be approved.
81-88 e) Pre-Approval for Temporary Expanded Service Area Authorizations for Liquor Licences THAT all applications to the Liquor and Cannabis Regulation Branch for temporary expanded service area authorizations for liquor primary establishments within Lantzville are hereby pre-approved by Council until October 31, 2020.
f) Municipal Security Issuing Resolution THAT Council approve borrowing from the Municipal Finance Authority of British Columbia, as part of the 2020 Fall Borrowing Session, $4,300,000 as authorized through the "District of Lantzville Phase III Sanitary Sewer Collection System Loan Authorization Bylaw No. 144, 2017, Amendment Bylaw No. 221, 2019", and that the Regional District of Nanaimo be requested to consent to the District of Lantzville's borrowing over a 30 year term and include the borrowing in a Security Issuing Bylaw.
P4 District of Lantzville June 15, 2020 Regular Council Meeting Agenda Page 5 of 5 g) Lantzville Beach Road End Survey Mayor Swain's Recommendations: THAT staff survey residents as part ofthe Beach Road End Survey with respect to the regulation of dogs on Lantzville beaches, and report back to Council regarding community feedback. THAT staff survey residents as part ofthe Beach Road End Survey with respect to beach fire options and or regulation, and report back to Council regarding community feedback.
h) Lantzville Road Traffic Calming Mayor Swain's Recommendation: THAT staff investigate traffic calming measures for Lantzville Road between 200m west of Peterson Road to 200m east ofWare Road, and report back to Council regarding options including cost estimates and potential funding sources.
13. INTRODUCTION OF LATE ITEMS (In accordance with Council Procedure Bylaw No. 141, 2020, subsection 18(8) for regular agenda)
14. INTRODUCTION OF "NOTICE OF MOTION" a) Councillor Savage's Recommendations (Notice of Motions for consideration at the June 29, 2020 regular Council meeting): i) THAT staff investigate the cost and feasibility of live streaming Council meetings which take place in the Council Chamber, and report back to Council. ii) WHEREAS, due to COVID-19, British Columbia's economic forecast is poor, with increased unemployment and decreased gross domestic product (GDP); BE IT RESOLVED, THAT the District of Lantzville's planned hiring of a full time bylaw officer and part time office support worker be postponed indefinitely.
15. PUBLIC CLARIFICATION - N/A
16. ADJOURNMENT BY MAYOR
NEXT SCHEDULED COUNCIL MEETING: Monday, June 29, 2020 @ 7:00 pm
P5 DRAFT Minutes of the Regular Meeting of Council of the District ofLantzville held on Monday, May 25, 2020, at 7:00 pm in the Council Chamber, Municipal Hall, 2nd Floor - 7192 Lantzville Road, Lantzville, BC PRESENT Council: Mayor Mark Swain Councillor Will Geselbracht* Councillor Karen Proctor* Councillor Ian Savage* Councillor Jamie Wilson* Staff: Ronald Campbell, Chief Administrative Officer* Trudy Coates, Director of Corporate Administration & partially* Jamie Slater, Director of Financial Services* Kyle Young, Director of Planning* Nelda Richardson, Deputy Director of Corporate Administration *Participated elect:ronically CALL TO ORDER The Mayor called the meeting to order at 7:05 pm and acknowledged that the meeting was being held on the traditional territory of the Snaw-Naw-As, the Nanoose First Nation. ADOPTION OF THE AGENDA MOVED and SECONDED, THAT the May 25, 2020 regular Council meeting agenda be adopted, as presented. CARRIED UNANIMOUSLY
MOTION TO CLOSE THE MEETING TO THE PUBLIC - Nil
PUBLIC AND STATUTORY HEARINGS - Nil
GENERAL MA'ITERS - Nil CONSENT AGENDA C20-100 MOVED and SECONDED, THAT the recommendation listed for item 7a) in the Consent Agenda be approved. CARRIED UNANIMOUSLY a) THAT the May 11, 2020 regular Council meeting minutes be approved, as presented. CARRIED by Consent END OF CONSENT AGENDA PUBLIC INPUf PERIOD Due the meeting being closed to the public due to COVID-19, the following submitted written comments regarding agenda items: Graham Savage, Harwood Drive; Kelly Nixon and Family, Blacltjack Drive; Brian Dempsey, Owen Road; Joan Moody, Millard Drive; and Dave Scott (2), Harwood Drive.
LEGISLATIVE MATI'ERS (Bylaws, development variance permits, agreements, contracts, grants, budgets) 1. Bylaw No. 224 - Reconsideration of May 11, 2020 Motions C20-89 and C20- 90 Required by Mayor per s. 131, Community Charter [No mover or seconder required] MAIN MOTION ON THE FLOOR C20-101 THAT "District of Lantzville Official Community Plan Bylaw No. 150, 2019, Amendment (Clark/Medd) Bylaw No. 224, 2020" be given first and second readings. CARRIED P6 District of Lantzville May 25, 2020 Regular Council Meeting Minutes - DRAFT Page2 of4 MAIN MOTION ON THE FLOOR C20-102 THAT "District of Lantzville Official Community Plan Bylaw No. 150, 2019, Amendment (Clark/Medd) Bylaw No. 224, 2020" is consistent with the District of Lantzville Financial Plan and the relevant waste management plans. CARRIED
2. Bylaw No. 229 - Reconsideration of May 11, 2020 Motions C20-91 and C20-92 Required by Mayor per s. 131, Community Charter [No mover or seconder required] MAIN MOTION ON THE FLOOR C20-103 THAT "District of Lantzville Zoning Bylaw No. 180, 2020, Amendment (Clark/Medd) Bylaw No. 229, 2020" be given first and second readings. CARRIED MAIN MOTION ON THE FLOOR C20-104 THAT the Clark/Medd Official Community Plan and Zoning Bylaw amendment applicant be asked to report back to surrounding neighbourhoods on the outcomes of the October 16, 2019 public information meeting and adjustments made to the application as a result of public input. CARRIED UNANIMOUSLY
3. Bylaw No. 225 C20-105 MOVED and SECONDED, THAT "District of Lantzville Zoning Bylaw No. 180, 2020, Amendment Bylaw (7360 Harby Rd E) No. 225, 2020" be given first and second readings. CARRIED
4. Bylaw No. 240 C20-106 MOVED and SECONDED, THAT "District of Lantzville Sewer Rates and Regulations Bylaw No. 66, 2007, Amendment (Rates) Bylaw No. 240, 2020" be given first, second and third readings. CARRIED UNANIMOUSLY
C20-107 MOVED and SECONDED, THAT "District of Lantzville Sewer Rates and Regulations Bylaw No. 66, 2007, Amendment (Rates) Bylaw No. 240, 2020" be adopted. CARRIED UNANIMOUSLY
5. Bylaw No. 244 MOVED and SECONDED, THAT "District of Lantzville Zoning Bylaw No. 180, 2020, Amendment Bylaw (Lot A Dickinson Road) No. 244, 2020" be given first and second readings. MOVED and SECONDED, THAT the motion be referred back to staff, so staff can investigate combining both lots, and even the third lot to the east, to produce a plan with seniors-oriented housing. DEFEATED MAIN MOTION ON THE FLOOR C20-108 THAT "District of Lantzville Zoning Bylaw No. 180, 2020, Amendment Bylaw (Lot A Dickinson Road) No. 244, 2020" be given first and second readings. CARRIED
UNFINISHED BUSINESS - Nil
COMMI'ITEE/COMMISSION RECOMMENDATIONS - Nil P7 District of Lantzville May 25, 2020 Regular Counci1 Meeting Minutes - DRAFT Page3 of4
NEW BUSINESS 1. Mayor & Councillors - Verbal Updates • Councillor Savage commented on the Vancouver Island Regional Library Board of Trustees Zoom meeting scheduled at the end of the month. • Mayor Swain commented on the Lantzville Legion holding a food drive in support of Loaves and Fishes, the District's Special Edition COVID Community Update Newsletter, and the ongoing COVID-19 situation.
2. Development Permit Application No. DP20-19 - Village South (Ware Road) C20-109 MOVED and SECONDED, THAT Development Permit No. DP20-19 be issued to Lantzville Projects Ltd. for Village South (Ware Road). CARRIED
3. Advisory Committees Meetings C20-110 MOVED and SECONDED, THAT the Economic Development Sustainability Committee and the Parks and Trails Select Committee be allowed to hold electronic meetings using Zoom, when required for pressing issues, until after normal municipal operations resume post COVID-19 response; AND FURTHER THAT notice be provided. CARRIED UNANIMOUSLY
INTRODUCTION OF LATE ITEMS - Nil
INTRODUCTION OF "NOTICE OF MOTION" ·Councillor Geselbracht gave Notice of Motion that at the June 15, 2020 regular Council meeting he will move the following motion: THAT in order to have a public hearing, suggest that Council adopts the following: 1. Designate evening meeting date for rezoning public hearing. 2. Advise public that due to provincial COVID-19 virus restrictions no more than 50 persons (including staff) may attend meeting venue. 3. Therefore, residents are encouraged to either write a letter or send an email to staff who will then ensure that each member of Council receives a copy which will then form part of the public record. 4. Advise public that there are two preferred methods of public input: • Written submissions presented to Council through staff as outlined in item 3 above, and • Verbal presentations at meeting venue. 5. With respect to item 4 above (verbal presentations) • Any person wishing to make a verbal presentation must advise staff in writing or by email, on a first come, first served basis, of intention to speak for a first time. Once the reservation list is filled (50 persons less staff needed at the event), then the list will be cut off for the first night of public hearing, • If less than 50 speakers sign up for first night of hearing, then persons wishing to speak a second time may add their name to the speakers' list ( during meeting and at discretion of Chair), • If there are additional persons beyond those on the list for the first night, then a second hearing night will be scheduled and a new speakers' list will be compiled by staff set out above, or • If less than 50 speakers sign up for second night of hearing, then persons wishing to speak a second time may add their name to the speakers' list (during meeting and at discretion of Chair). 6. The public hearing will be recorded live for all residents to view proceedings. PS District of Lantzville May 25, 2020 Regular Council Meeting Minutes - DRAFT Page4 of 4
PUBLIC CLARIFICATION - N/A
ADJOURNMENT BY MAYOR Mayor Swain adjourned the meeting.
MEETING ADJOURNED: 9:04 pm
Certified Correct:
Trudy Coates, Director of Corporate Administration
Confirmed this dayof , 2020.
Mark Swain, Mayor
pg District of Lantzville REPORT TO CHIEF ADMINISTRATIVE OFFICER
Meeting Date: June 15, 2020
SUBJECT: Village Core Cash-in-Ueu of Parking Program
PURPOSE
To consider a program to accept cash-in-lieu of required onsite parking spaces within the Village Core area.
RECOMMENDATION
1. THAT District of Lantzville Cash-in-Lieu of Parking Bylaw No. 234, 2020 be given first, second and third readings.
THAT District of Lantzville Cash-in-Lieu of Parking Bylaw No. 234, 2020 be adopted.
2. THAT District of Lantzville Village Core Parking Improvement Reserve Fund Bylaw No. 235, 2020 be given first, second and third readings.
THAT District of Lantzville Village Core Parking Improvement Reserve Fund Bylaw No. 235, 2020 be adopted.
COMMITTEE RECOMMENDATION
N/A
ALTERNATIVES AND IMPLICATIONS
As directed by Council.
BACKGROUND/RELEVANT HISTORY
At its July 8, 2019 meeting, Council approved the Lantzville Road Streetscape Concept Design. The concept included a design for the Municipal parking lot on Lantzville School Road (ATTACHMENT 1). The estimated cost to construct the parking lot in accordance with the concept design is $1,127,250 (includes 50% contingency). This includes grading, paving, lighting and onsite stormwater management. Constructing the parking lot will improve the durability of the lot and will increase the number of available spaces by formalizing drive aisles and parking stalls. If improved in accordance with the concept design, 94 parking spaces would likely be achievable. It is anticipated that this parking lot will continue to be used for public parking. The Municipality does not have any money to improve the parking lot.
P10 District of lantzville June 15, 2020, Council Agenda Item - Village Core cash-in-Lieu of Parking Program Page2of3
The Municipality's zoning bylaw requires a minimum number of short term (visitor/customer) and long term (resident/staff) parking depending on the land use. The local Government Act authorizes a Municipality to enact a bylaw to permit an owner or occupier to pay cash-in-lieu of providing a required onsite (off-street) parking space. This is usually done when a municipality intends to construct a common public parking facility to be shared by users within a specified area. Qualicum Beach, Parksville and Nanaimo have adopted cash-in-lieu of parking bylaws.
ATTACHMENTS
1. Concept Design 2. Cash-in-Lieu of Parking Bylaw 3. Village Core Parking Improvement Reserve Fund Bylaw
ANALYSIS/RATIONALE
Staff recommend that Council adopt a cash-in-lieu of parking bylaw to help fund construction of a Municipal parking lot for shared, public use. Dividing $1,127,250 by 94 parking spaces equates to approximately $12,000 per parking space. This happens to be comparable to cash-in-lieu amounts in other cash-in-lieu of parking bylaws. The proposed bylaw is included in ATTACHMENT 2.
The Village Core cash-in-lieu of parking specified area in the bylaw captures the Municipal parking lot on Lantzville School Road, the Village Primary Commercial Core designation in the Official Community Plan and a portion of the Village South designation that is anticipated to support commercial and mixed-use development.
The bylaw does not apply to residential uses. Staff feel that all resident and visitor parking for residential uses should be provided onsite. The bylaw also provides a cap of 25% of the required parking spaces being eligible. The remaining 75% of parking spaces would need to be provided onsite (i.e. they would not have the option of paying cash-in-lieu).
Under the local Government Act, when a Municipality collects cash-in-lieu of required parking spaces, those monies must be deposited into a reserve fund. The appropriate reserve fund bylaw is also being presented to Council for consideration {ATTACHMENT 3).
1. Strategic Plan Obiectives
N/A
2. Policy
There are no policy implications of the recommendation.
3. Resource Implications
There are no resource implications of the recommendation.
P11 District of Lantzville June 15, 2020, Council Agenda Item -Village Core Cash-in-Lieu of Parking Program Page3 of3
4. Financial/Budget Implications
As noted, any money collected under this program could be used to help fund improvements to the Municipal parking lot or other Municipal off-street parking facilities within the specified area.
5. Sustainability Implications
There are no sustainability implications of the recommendation.
6. Legal Implications
There are no legal implications of the recommendation.
Prepared By: Approved for Submission to Council:
Kyle Young,
Date: May 21, 2020
REVIEWED WITH: (g' Corporate Administration D Fire Rescue D Public Works/Engineering □ RCMP IB' Financial Services D Planning D Solicitor D Committee: D Other:
COUNCIL AGENDA INFORMATION: Meeting Type Date Agenda Item # Regular June 15, 2020 'I.ti\ l t>l / Closed (In-Ca mera) ✓ Committee of the Whole
File: 3900-20-234 & 3900-20-235 Location: T:\DISTRICT OF LANTZVILLE\Reports to Council\2020\2020 06 15 Village Core Cash-in-Lieu of Parking Program.docx
P12 ATTACHMENT#1
LANTZVILlf ROAD STREETSCAPE IMPROVEMENTS PLAN VIEW - NORTHWEST _ ,._~....__...,,, _,,,. ; )Y.'i-31TE ,__ _ _ .. ______,,_ ...... __ _--r _ • a. ait • fit-. P13 ATTACHMENT #2
DISTRICT OF LANTZVILLE BYLAW NO. 234 A BYLAW TO IMPLEMENT A CASH-IN-LIEU OF PARKING PROGRAM
WHEREAS Section 525 of the Local Government Act authorizes Council to enact a bylaw to permit an owner or occupier of land to pay to the District of Lantzville an amount of money in lieu of providing required onsite parking spaces;
NOW THEREFORE the District of Lantzville Council in open meeting assembled enacts as follows:
1. This bylaw may be cited for all purposes as "District of Lantzville Cash-in-Lieu of Parking Bylaw No. 234, 2020".
Definitions
2. In this bylaw
"Long Term Parking Space" has the same meaning as in the Zoning Bylaw,
"Onsite Parking" has the same meaning as in the Zoning Bylaw,
"Short Term Parking Space" has the same meaning as in the Zoning Bylaw, and
"Zoning Bylaw" means the District of Lantzville Zoning Bylaw No. 180, 2020.
3. As an alternative to providing onsite parking spaces required under the Zoning Bylaw for all non-residential uses, an owner or occupier of land within the Village Core Cash-in-Lieu of Parking Specified Area in Schedule 1 of this bylaw may pay to the District of Lantzville $12,000.00 per onsite parking space not being provided, for up to 25% of required short term parking spaces and 25% of required long term parking spaces.
4. Money provided to the District of Lantzville under this bylaw is payable as follows:
(a) at the time the building permit is issued for the applicable building or other structure, or
(b) if no building permit is required, at the time the use that requires the parking space specified in the Zoning Bylaw begins.
P14 READ A FIRST TIME this day of , 2020.
READ A SECOND TIME this day of , 2020.
READ A THIRD TIME this day of , 2020.
ADOPTED this day of I 2020
Mayor Director of Corporate Administration
P15 SCHEDULE 1 Village Core Cash-in-Lieu of Parking Specified Area
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PL. 7718 · ------/ 12 JACK'S
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...-. Village Core Cash-in-Lieu .._. of Parking Specified Area .
0 50 100 [\ --==---Meters N P16 ATTACHMENT #3 DISTRICT OF LANTZVILLE BYLAW NO. 235
A BYLAW TO ESTABLISH A VILLAGE CORE PARKING IMPROVEMENT RESERVE FUND
WHEREAS Section 188 of the Community Charter authorizes Council to establish a reserve fund for a specific purpose and direct that money be placed to the credit of the reserve fund;
AND WHEREAS the District of Lantzville may, under section 525 of the Local Government Act, permit owners or occupiers of land, a building or structure within a specified area, to pay an amount of money, specified by bylaw, in-lieu of providing required off-street parking spaces;
NOW THEREFORE the District of Lantzville Council in open meeting assembled enacts as follows:
1. This bylaw may be cited for all purposes as "District of Lantzville Village Core Parking Improvement Reserve Fund Bylaw No. 235, 2020". 2. That a reserve fund be hereby established under the provisions of Section 188 of the Community Charter to be known as the "Village Core Parking Improvement Reserve Fund." 3. Money paid to the District of Lantzville in lieu of providing off-street parking spaces under the District of Lantzville Zoning Bylaw No. 180, 2020 in accordance with Cash-in-Lieu of Parking Bylaw No. 234, 2020, shall be deposited in this reserve. 4. Money from current revenue or as available from general revenue surplus may be paid into this reserve fund as directed by Council. 5. Funds in this reserve and interest earned on it may only be used for the provision of new and existing off-street parking spaces in the "Village Core Cash-in-Lieu of Parking Specified Area" designated in the Cash-in-Lieu of Parking Bylaw No. 234, 2020, and may not be used for any other purpose.
READ A FIRST TIME this day of , 2020.
READ A SECOND TIME this day of , 2020.
READ A THIRD TIME this day of , 2020.
ADOPTED this day of , 2020
Mayor Director of Corporate Administration
P17 District of Lantzville REPORT TO CHIEF ADMINISTRATIVE OFFICER
Meeting Date: June 15, 2020
SUBJECT: Municipal Highway Name Changes - Foothills Roads
PURPOSE
To consider a proposed highway name change bylaw for Foothills roads.
RECOMMENDATION
1. THAT District of Lantzville Highway Name Change (Foothills Roads} Bylaw No. 238, 2020 be given first, second and third readings.
THAT District of Lantzville Highway Name Change (Foothills Roads) Bylaw No. 238, 2020 be adopted.
2. THAT the owners and occupants of 7871 & 7873 McKercher Road be contacted for input on the potential of renaming the section of McKercher Road north of the Island Highway to Aats Road.
COMMITTEE RECOMMENDATION
N/A
ALTERNATIVES AND IMPLICATIONS
As directed by Council.
BACKGROUND/RELEVANT HISTORY
Foothills Roads
When Phase 1 of the Foothills subdivision was registered in January 2019, the road names on the subdivision plans did not match the approved names. The names that appear on the road signs and on the mapping are the correct, approved names. The subject area is shown in ATTACHMENT 1. In order to take the administrative step of ensuring that the roads are named correctly, a highway name change bylaw is being presented for Council consideration (ATTACHMENT 3}. There are 56 properties with addresses on Spence's Way, High Ridge Crescent and Clermont Avenue. Spence's Way and High Ridge Crescent have a number of existing houses and active building permits, so staff do not recommend changing the names of these roads to something different than Spence's Way and High Ridge Crescent. Clermont Avenue does not have any existing houses or active building permits, which means that Council could change the name to something different than Clermont Avenue without negatively impacting property owners. This would require an amendment to the proposed highway name change bylaw because the bylaw includes Clermont Avenue, and would require introduction of a new highway name change bylaw to rename Clermont Avenue to a different name. P18 District of Lantzville June 15, 2020, Council Agenda Item - Municipal Highway Name Changes -Foothills Roads Page2of3
McKercher Road
Fire Rescue Services has concerns with McKercher Road and is recommending that the short section of this road north of the Island Highway be renamed to Aats Road (see ATTACHMENT 2). Aats Road is a frontage road off the highway that provides access to several properties. Given the configuration of McKercher Road and Aats Road, this is a situation where the whole access road would normally have only one name. Staff are recommending that Aats Road be used instead of McKercher Road because McKercher Road provides access to a single property (with two civic addresses), while Aats Road provides access to several properties. Prior to consideration of the highway name change bylaw (see ATTACHMENT 4 for information), it would be appropriate to contact the owners of 7871 & 7873 McKercher Road for their comments on the potential change. The Lantzville Historical Society will also be providing information on the historical relevance of the McKercher name.
ATTACHMENTS
1. Location Map (Foothills Road) 2. Location Map (McKercher Road) 3. Highway Name Change Bylaw (Foothills Roads) 4. Highway Name Change Bylaw (McKercher Road to Aats Road) {FOR INFORMATION) 5. Road Naming Policy
ANALYSIS/RATIONALE
Changing the names of the three subject Foothills roads is an important administrative step. The proposed highway name change bylaw for Foothills roads will not negatively impact any Foothills property owners or residents.
Changing the name of McKercher Road to Aats Road is being recommended by Fire Rescue Service for emergency access and safety reasons. As this change could impact a property owner, it is recommended that the owners be contacted prior to considering the bylaw.
1. Strategic Plan Objectives
N/A
The Municipality's road naming policy is included as ATTACHMENT 5. There are no implications of the road naming policy on the recommendations. If Council chooses to change the name of Clermont Avenue to something different, it should be consistent with the policy.
3. Resource Implications
There are no resource implications of the recommendation.
4. Financial/Budget Implications
There are no financial implications of the recommendation. P19 District of Lantzville June 15, 2020, Council Agenda Item - Municipal Highway Name Changes-Foothills Roads Page 3 of 3
5. Sustainability Implications
There are no sustainability implications of the recommendation.
6. Legal Implications
There are no legal implications of the recommendation.
Prepared By: Approved for Submission to Council:
Ronald Campbell,CtefAdministrative Officer
Date: May 22, 2020 Date: H~ "1.2--j 2..c:>2.0
REVJEWED WITH: B Corporate Administration liJ' Fire Rescue (g'public Works/Engineering □ RCMP D Financial Services D Planning 0 Solicitor D Committee: D Other:
COUNCIL AGENDA INFORMATION: Meeting Type Date Agenda Item # Regular June 15, 2020 1&1. o ~d'., Closed (In-Camera) . Committee of the Whole
File: 3900-20-238 & 3900-20-238 Location: T:\DISTRICT OF LANTZVILLE\Reports to Council\2020\2020 0615 Municipal Highway Name Changes - Foothills Road and McKercher Road.docx
P20 ATTACHMENT #1
I
P21 ATTACHMENT #2
P22 ATTACHMENT #3
DISTRICT OF LANTZVILLE BYLAW NO. 238
A BYLAW TO CHANGE THE NAMES OF DEDICATED MUNICIPAL HIGHWAYS
WHEREAS Section 39 of the Community Charter authorizes Council to assign a name to a highway;
NOW THEREFORE the District of Lantzville Council in open meeting assembled enacts as follows:
1. This bylaw may be cited for all purposes as "District of Lantzville Highway Name Change (Foothills Roads) Bylaw No. 238, 2020".
2. The following District of Lantzville highways are renamed in accordance with Schedule 1 of this bylaw:
(a) from "Myette Crescent" to "Spence's Way",
(b) from "High Bridge Circle" to "High Ridge Crescent", and
(c) from "Broad Ridge Pass" to "Clermont Avenue".
READ A FIRST TIME this day of , 2020.
READ A SECOND TIME this day of , 2020.
READ A THIRD TIME this day of , 2020.
ADOPTED this day of I 2020
Mayor Director of Corporate Administration
P23 SCHEDULE 1
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to ICO ffl \ --iic==-----~ffl i P24 ATTACHMENT #4
DISTRICT OF LANTZVILLE BYLAW NO. 239 A BYLAW TO CHANGE THE NAME OF A DEDICATED MUNICIPAL HIGHWAY
WHEREAS Section 39 of the Community Charter authorizes Council to assign a name to a highway;
NOW THEREFORE the District of Lantzville Council in open meeting assembled enacts as follows:
1. This bylaw may be cited for all purposes as "District of Lantzville Highway Name Change (McKercher Road to Aats Road) Bylaw No. 239, 2020".
2. The section of "McKercher Road" shown in Schedule 1 of this bylaw is renamed to "Aats Road".
READ A FIRST TIME this day of , 2020.
READ A SECOND TIME this day of , 2020.
READ A THIRD TIME this day of , 2020.
ADOPTED this day of , 2020
Mayor Director of Corporate Administration
P25 SCHEDULE1
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P26 ATTACHMENT#5 District of Lantzville
Policy No. 3004-5 Date of Implementation: April 27, 2020 Council Resolution: C20-78
ROAD NAMING POLICY
PURPOSE
To provide guidance on the naming of new roads dedicated at the time of subdivision or when proposals for road name changes are considered by Council.
BACKGROUND
When new roads are dedicated at the time of subdivision, those roads are typically assigned a name and labelled accordingly on the plan of subdivision registered at the Land Title and Survey Authority of BC. While Council is not involved in subdivision review and approval, this policy enables Council to provide input into proposed new road names, for consideration by the owner/developer and the Approving Officer. This policy also provides guidance to members of the public who are considering submitting requests to change the name of an existing road.
POLICY
1. Road names must have an odonym and should be limited to one of the following:
Avenue A through local, collector or arterial road carrying east-west traffic. Boulevard A major through road usually lined with street trees. Crescent Crescent shaped local road connected to another road on both ends. Court A non-through local roadway (e.g. cul-de-sac). Drive A lengthy collector or arterial road. Lane A through local road serving only a limited number of dwellings. Place A non-through local roadway (e.g. cul-de-sac). Plaza An open public space surrounded by buildings or roads. Road A road serving rural or semi-rural residential areas. Row Usually reserved for a road lined with rowhouses. Street A through local, collector or arterial road carrying north-south traffic. Terrace Usually used to describe a street following the top of a slope. Way A small street off a road.
Page 1 of 3 P27 District of Lantzville Road Naming Policy No. 3004-5 -Approved April 27, 2020 Page 2 of 3
2. A proposed road name will be reviewed with dispatch and emergency services to determine if there are any concerns with the proposed name and to ensure that the same name is not already in use in adjoining electoral areas or the City of Nanaimo. If the proposed name is already in use, the name will not be supported. This includes situations where the name is the same, but the odonym is different (e.g. Arbutus Avenue and Arbutus Road). This does not include numbered roads already in use in other municipalities within the region (e.g. 1st Avenue and 1st Street).
3. Road names that sound similar to existing road names should be avoided.
4. Road names should be limited to a single word, without hyphenations, up to a maximum of 15 letters, excluding the odonym. As an exception to this, road names that refer to geographic features may be two separate words, provided that a hyphenation is not used, and the space is included in the maximum 15 characters (e.g. Bald Mountain Drive).
5. Road names relevant to the history, geography, or indigenous flora and fauna of Lantzville are encouraged and, if possible, should be relevant to the neighbourhood context or the context of the site being developed.
A list of potential street names shall be created, and this shall be formed by the following process: a) names submitted by the Lantzville Historical Society, b) names nominated by petition signed by at least 100 Lantzville residents, and c) names nominated by unanimous consent of Council.
6. Where common English words are used, Canadian spelling is required.
7. New road names should not consist of or be derived from the name of the individual or company subdividing the land.
8. New road names should not consist of any word or name that is used for the purpose of advertising.
9. Numbered roads should only be used in the Village Core and immediately surrounding area.
10. Where a person's name is proposed, the person should be an historical figure (usually deceased) who made positive contributions to the Lantzville community, or a long-standing Lantzville resident who achieved national or international prominence or acclaim in fields such as sports, education, politics, science or medicine, etc.
PROCESS - NAMING NEW ROADS
11. When an application for Preliminary Subdivision Review is submitted to the Approving Officer for a subdivision that involves the dedication of new roads, the following process applies:
a) The owner/developer must propose names to the Approving Officer consistent with this policy.
Page 2 of 3 P28 District of Lantzville Road Naming Policy No. 3004-5 -Approved April 27, 2020 Page 3 of 3
b) The Approving Officer will consider the proposed names and decide whether the name is acceptable or unacceptable and will notify the applicant accordingly.
c) If the Approving Officer determines that the proposed name is acceptable, the name must be identified on the subdivision plan submitted to the Approving Officer with an application for Subdivision Approval.
d) If the Approving Officer determines that the proposed name is unacceptable, the owner/developer may appeal that decision to Council in accordance with the general reconsideration procedures outlined in the District of Lantzville Officers, Indemnification, and Delegation Bylaw No.172, 2018.
e) Council will decide whether the proposed name is acceptable or unacceptable and will notify the owner/developer and the Approving Officer accordingly.
f) If Council determines that the proposed name is acceptable, the name must be identified on the subdivision plan submitted to the Approving Officer with an application for Subdivision Approval.
g) If Council determines that the proposed name is unacceptable, the owner/developer must propose alternative names to the Approving Officer for consideration.
PROCESS - RE-NAMING EXISTING ROADS
12. Road re-naming requests initiated by members of the public must be accompanied by a petition signed by a minimum of two-thirds of the property owners directly affected by the proposed road name change.
13. The petition submitted with a road name change request is non-binding on Council. Council may consider a number of different factors in making its decision, including this policy. Road names can only be changed though adoption of a bylaw under Section 39 of the Community Charter.
COMPENSATION FOR ADDRESSING CHANGES
14. Both road name and building numbering changes are sometimes required. Such changes may result from requests by owners, residents, businesses, emergency services, government or developers. When a road name or numbering change occurs, property owners, residents, and businesses may be subject to costs for mail forwarding, stationery updates, and new physical address numbers.
15. Council may consider compensating property owners, residents and businesses impacted by Municipally initiated road name or address changes.
16. Where a road name or building numbering change request is initiated by someone other than the Municipality, all costs associated with that change, including compensation for affected property owners, residents, and businesses, will be the sole responsibility of the person or persons initiating the request.
Page 3 of 3 P29 District of Lantzville REPORT TO CHIEF ADMINISTRATIVE OFFICER
Meeting Date: June 15, 2020
SUBJECT: District of Lantzville Sewer Rates and Regulations Bylaw No. 66, 2007, Amendment (Rates) Bylaw No. 246, 2020
PURPOSE
To amend the sewer rates and regulations bylaw to fix an administrative error that occurred when citing the miscellaneous fees and charges bylaw.
RECOMMENDATION
1. THAT the District of Lantzville Sewer Rates and Regulations Bylaw No. 66, 2007, Amendment (Rates) Bylaw No. 246, 2020 be given first, second, and third readings.
2. THAT the District of Lantzville Sewer Rates and Regulations Bylaw No. 66, 2007, Amendment (Rates) Bylaw No. 246, 2020 be adopted.
ALTERNATIVES AND IMPLICATIONS
1. Other direction, as provided by Council.
BACKGROUND/RELEVANT HISTORY
At the May 25, 2020 Regular Council Meeting, staff brought forward the sewer rates and regulations bylaw for a housekeeping adjustment to remove any references to fees and fee schedules.
Within that amendment bylaw there was a typing error, and the Miscellaneous Fees and Charges Bylaw was accidentally referenced with the incorrect bylaw number.
This amendment bylaw will correct the citing reference to the Miscellaneous Fees and Charges Bylaw.
ATTACHMENT(S)
1. District of Lantzville Sewer Rates and Regulations Bylaw No. 66, 2007, Amendment (Rates) Bylaw No. 246, 2020
P30 District of Lantzville May 25, 2020, Regular Council Agenda - District of Lantzville Sewer Rates and Regulations Bylaw No. 66, 2007, Amendment (Rates) Bylaw No. 240, 2020 Page2of2
ANALYSIS/RATIONALE
This amendment bylaw will correct the references to the ''District of Lantzville Miscellaneous Fees and Charges Bylaw No. 26- 2004", which were originally typed in error as "District of Lantzville Miscellaneous Fees and Charges Bylaw No. 66 - 2004."
Prepared by: Approved for submission to Council:
';-?.ti/. 'ill-~ Jamie Slater R~nald Campb Director of Financial Services Chief Administrative Officer
Date: June 4, 2020 Date: June 4, 2020
REVIEWED WITH: II Corporate D Fire Rescue D Public Works/Engineering □ RCMP Administration D Financial Services D Planning D Solicitor D Committee: D Other:
COUNCIL AGENDA INFORMATION: Agend@ Item# Meeting Type Date q. , __, Regular June 15, 2020 ., Special Closed (In-Camera) Committee of the Whole
File Number: 3900-20-246 Location: T:\DISTRICT OF LANlZVILLE\Reports to Council\2020\2020 06 15 District of Lantzville Sewer Rates and Regulations Bylaw No. 66, 2007, Amendment (Rates) Bylaw No. 246, 2020.docx
P31 DISTRICT OF LANTZVILLE BYLAW NO. 246, 2020
A BYLAW TO AMEND "DISTRICT OF LANTZVILLE SEWER RATES AND REGULATIONS BYLAW NO. 66, 2007"
The Council of the District of Lantzville in open meeting assembled, enacts as follows:
1. District of Lantzville Sewer Rates and Regulations Bylaw No. 66, 2007, is hereby amended as follows:
Section 18.1 is struck in its entirety and replaced with "An Applicant must pay the Service Connection fee as prescribed in the District of Lantzville Miscellaneous Fees and Charges Bylaw No. 26 - 2004 at the time of application for a sewer connection."
Section 19.1 is struck in its entirety and replaced with "The Owner or occupier of Premises must pay the user charges as prescribed in the District of Lantzville Miscellaneous Fees and Charges Bylaw No. 26 - 2004 for the use of the Sewer System."
2. This bylaw may be cited as the "District of Lantzville Sewer Rates and Regulations Bylaw No. 66, 2007, Amendment (Rates) Bylaw No. 246, 2020".
READ A FIRST TIME this day of , 2020.
READ A SECOND TIME this day of , 2020.
READ A THIRD TIME this day of , 2020.
ADOPTED this day of , 2020.
Mark Swain, Mayor Trudy Coates, Director of Corporate Administration
P32 Minutes of the Economic Development and Sustainability Committee held on Tuesday, March 3, 2020 at 6:oo pm, in the Council Chamber, Municipal Hall, 2nd Floor - 7192 Lantzville Road, Lantzville, BC PRESENT: Members: Jolynn Green, Chairperson, Member at Large Craig Edwards, Snaw-Naw-As (Nanoose) First Nation Virginia Fenton, Member at Large Karen Proctor, Voting Member, Councillor Neil Valsangkar, Development Community Sarah Wallbank, Village Core Commercial Sector Absent: Deborah Melenchuk, Industrial Park Derek Riley, Member at Large Will Geselbracht, Non-voting Member, Councillor
Staff: Kyle Young, Director of Planning Andrew Hutchison, Economic Development Officer The Chairperson called the meeting to order at 6:oo pm.
ADOPTION OF THE AGENDA MOVED and SECONDED, THAT the March 3, 2020 Economic Development and Sustainability Committee meeting agenda be adopted, as amended, adding item 4(3) Seaside Community Society Update and 4(4) Appointment of Business Association Member to Economic Development and Sustainability Committee under New Business. CARRIED UNANIMOUSLY
APPROVAL OF THE MINUTES MOVED and SECONDED, THAT the February 4, 2020 Economic Development and Sustainability Committee meeting minutes be approved, as presented. CARRIED UNANIMOUSLY
UNFINISHED BUSINESS 1. Implementation of Four Economic Development Strategy Items Selected For 2020 a) Foundation C. Support Creation of a Lantzville Business Association i) Working Group Report (S. Wallbank, D. Melenchuk and N. Valsangkar) • The Working Group distributed a written update on the formation of the Business Association.
MOVED and SECONDED, THAT the Economic Development and Sustainability Committee call upon a representative of the newly formed Lantzville Business Association to answer questions. CARRIED UNANIMOUSLY
• A representative of the Lantzville Business Association (B. Colclough) answered questions from the Committee.
P33 District of Lantzville March 3, 2020 Economic Development and Sustainability Committee Meeting Minutes Page2 of3
b) 1A. Small Scale Village Beautification Projects i) Working Group Report (S Wallbank, D. Melenchuk, V. Fenton and K. Proctor) Community Cleanup Events • V. Fenton provided a verbal update on the Working Group meetings, and plans for volunteer cleanup days beginning in April.
Procuring flower baskets for businesses • V. Fenton provided a verbal report on the Working Group's decision to procure flower baskets for businesses. c) 1C. Economic Incentive Programs to Support Village Core Item was tabled due to statutory authority concerns. Staff to conduct further review before submitting materials to the Committee for consideration.
d) 5C. Promotion Campaign - Nil
2. Funding Opportunities: Commercial Demand Study • A. Hutchison provided a verbal report on funding sources for a commercial demand survey. • Members discussed the option of a special funding request for 2021. • Staff to investigate cost and implementation of a "Commercial Asset Map" for the Committee to revisit in August.
3. Signage Pricing Report • A. Hutchison provided a verbal report outlining pricing for various gateway signage options, and distributed a contractor quote and mockup for consideration. • N. Valsangkar to develop a working report on signage budget, design and location for the Committee to revisit in April, and potentially recommend to Council in August.
4. Website Content Update Ideas • Staff provided a brief update on new economic development content for the website refresh this year, and invited Committee members to submit ideas.
NEW BUSINESS 1. Strategy Monitoring and Evaluation Report - For Information • Staff provided a brief overview on the status of the Lantzville Economic Development strategic objectives.
2. Business Walle • Staff proposed conducting a business walk in March or April, and invited Committee members to participate.
Seaside Community Society Update • J. Green distributed a written report on the submission of a grant application request of $150,000 to the Co-op Community Spaces Program for a village plaza project, on behalf of the Seaside Community Society. P34 District of Lantzville March 3, 2020 Economic Development and Sustainability Committee Meeting Minutes Page 3 of3 4. Appointment of Business Association Representative to the EDS Committee • Members discussed amending the terms of reference, and appointing a representative of the business association as an ex-officio or liaison member to the Committee.
MOVED and SECONDED, THAT the Economic Development and Sustainability Committee recommends to Council THAT Economic Development and Sustainability Committee terms of reference be amended; AND FURTHER THAT a representative of the Lantzville Business Association be appointed to the Committee. DEFEATED
• Staff were requested to include this item on the agenda in the Fall, following the implementation of business licensing.
ADJOURNMENT (By 8:oo pm unless extended by unanimous vote ofCommittee) MOVED and SECONDED, THAT the Economic Development and Sustainability Committee meeting be adjourned. CARRIED UNANIMOUSLY
MEETING ADJOURNED: 7:36 pm
Certified Correct:
ORIGINAL SIGNED
Trudy Coates, Director of Corporate Administration
Confirmed this 2nd day of June, 2020.
ORIGINAL SIGNED
Jolynn Green, Chairperson
P35 CALL FOR SUBMISSIONS: Community Murals
The District of Lantzville Economic Development and Sustainability Committee invites local artists, professionals and hobbyists alike, to submit proposals for two community murals in the village core. The successful artist(s) will design and paint two pieces of public artwork that will add colour, vibrancy, and enhance the overall attractiveness of the village and encourage community pride.
Successful proposals will respond to the natural location, character and history of Lantzville, and incorporate elements of the community place brand (colours, visual themes) to promote Lantzville's pride of place. Artists w ill be reimbursed for the cost of up to $4,000 in materials, and provided an honorarium of $500 per mural, to a total of $5,000. Artists are invited to submit their proposals before July 31•t, 2020.
Location:
A. Approx. 120 x 10 ft. downward sloping concrete retaining wall to 7217 Lantzville Roa d, Lantzville Plaza parking lot.
B. Approx. 120 x 9 ft. dow nward tiered concrete retaining wall to 7221 Lantzville Road, Seaview Plaza parking lot.
Proponents may submit proposa ls for one or both of the locations above within the available budget. Please see attachments for images and blank templates of each location.
Eligibility:
This opportunity is open to all local artists, professional artists, artist collectives and students that reside within, or have a workshop or studio in or around the District of Lantzville.
Submission:
Interested artists or organizations will submit a concept or sketch using the attached template, along with a short statement about the proposed design. Proponents are required to provide a cost schedu le of materials with their submission. An artist CV, along with examples of previous artwork and mural experience are also encouraged. More than one design may be submitted for each location.
Selection Process:
Proposals will be eva luated and the selected by the District, and assessed by the following criteria: • Demonstrate community identity and pride • Durable and easily maintained • Appropriate for the location and surrounding businesses
Preference will be given to proposals that: • Incorporate elements of the com munity place brand • Respond to the context and hist ory of Lantzville • Fit the desired charact er of the village core • Build a connection to the natural su rroundings and waterfront
How to Apply:
Submissions, or questions regarding this ca ll for submissions, can be addressed t o Andrew Hutchison at st [email protected] or 250.933.8085. The closing date for proposals is July 31 , 2020. LovelifeHere P36 Location A: Lantzville Plaza 7217 Lantzville Road Approx. 120 x 10 ft
-u w -....J Approx. 60ft
Approx.1 ft
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""CJ u) (X) Location B: Seaview Plaza 7217 Lantzville Road Approx. 120 ft X 9 ft
"U w co Approx. 10 ft I NOT TO SCALE - For Illustration only Approx. 30 ft J 7 1
j
Approx. 12 ft I •I l
j I ' r Approx. 40 ft l
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""CJ ~ 0 District of L.antzville PO Box 100, 7192 Lantzville Road ; Tel 250.390.4006 I [email protected] L.antzvllle, BC V0R 2H0 · Fax 250.390.5188 I lantzville.ca
February 3, 2020 Folio No. 35009704.010
Michael Thomas Janet Thomas 7193 Sebastion Road Lantzville, B.C. V0R 2H0
RE: Retaining Wall Encroachment in Sebastion Road Right-of-Way
The Municipality is aware of a retaining wall you have constructed within the public road right-of-way adjacent to your property, as shown on the survey on the reverse side of this letter. You are required to fully remove this retaining wall and restore the land to its original state prior to construction of the retaining wall no later than March 30, 2020.
Please contact the undersigned if you have any questions. //k Kyle Young, RPP Director of Planning District of Lantzville T: 250.933-8083 E: [email protected] c. Ronald Campbell, Chief Administrative Officer Fred Spears, Director of Public Works
T:\DISTRICT OF LANTZVILLE\Planning\Property Database\Sebastion Road\ 7193\Letters LovelifeHef~1 Michael Thomas & Janet Thomas Page 2 February 3, 2020
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T:\DISTRICT OF LANTZVILLE\Planning\Property Database\Sebastion Road\7193\Letters
P42 District of Lantzvllle PO Box 100, 7192 Lantzvllle Road I Tel 250.390.4006 1 [email protected] Lantzville, BC VOR 2HO Fax 250.390.5188 lantzville.ca
February 14, 2020 Folio No. 35009704.010
Ramsay Lampman Rhodes 111 Wallace Street Nanaimo, BC V9R 5B2
Attention: Lisa M. Low (VIA E-MAIL llow@rlr. law)
RE: Retaining Wall Encroachment in Sebastion Road Right-of-Way (Your File R0059)
The Municipality is in receipt of your letter dated February 12, 2020. The Municipality approves your request to extend the deadline to remove the retaining wall encroachment to June 1, 2020.
Please contact the undersigned if you have any questions. 1/H Kyle Young, RPP Director of Planning District of Lantzville T: 250.933-8083 E: [email protected] c. Ronald Campbell, Chief Administrative Officer Fred Spears, Director of Public Works
T:\DISTRICT OF LANTZVI LLE\Planning\Property Database\Sebastion Road\7193\Letters P43 LoveLifeHen Mike Thomas 7193 Sabastian Road 250 7131133 June 1, 2020 12( Counc;i D Circ. To Staff D Mayor Ji( Public Works RECEIVED District of Lantzville i)tcAo. !li{Ptanning PO Box 100, 7192 Lantzville road . F. O 0ireclor o1 mance D Fire Dept. JUN O1 2020 Lantzville, BC V0R 2H0 □ Corp. Admin. D Other ______
Mayor and Council, ~ Agenda ~ < ~~ S::::k.-,: -:2-2-.i.\-O -~, ~N ~~~l~w-J ~ 3 $0J OC\10'-\'- 0 \'O
This letter is further communication regarding Lantzville's no~ification dated February 3, 2020 requiring
the removal of the retaining wall at 7193 Sebastion Road. There are several factors that need to be
considered prior to the wall's removal as per my letter to Na noose First Nation on May 25th (copied to
the Town of Lantzville). The wall was not built without permission. The wall protects archaeological
sensitivities. It preserves heritage trees with riparian and aesthetic values. As the adjacent landowner to
the public access I have not been informed of what alternative is proposed, despite my requests.
Please be aware that I am not apposed to the wall's removal however the needs of the site must be
thoroughly considered. In response to my resistance and the letter sent on May 25th I was informed by a
Lantzville Councillor on May 30th that there is in fact currently no plan developed for the site. It is now
my understanding that a Lantzville Green Plan is proposed for development over the coming year. This is
good news and it should have been conveyed to me originally along with notification if necessary, of
potential upcoming conflicts with the wall. It appears the aggressive removal notice was in fact
unnecessary and it was an affront to me as a lifelong citizen and contributor to our Lantzville
community.
I look forward to contributing to the Lantzville Green Plan in general and particularly to the design work
around the Sa bastion Beach public access. Further, as a respected rock builder in Nanaimo I would be
pleased to volunteer my help and labour to restructure the retaining wall as needed to accommodate
the public Green Plan design. I request that no further action be taken until the design of the Green Plan is in place.
Sincerely, Mike Thomas
P44 Mike Thomas 7193 Sabastian Road, Lantzville Cell: 250 713 1133 May 25, 2020
Brent Edwards Nanoose First Nation Mallard Way. Lantzville BC V0R2HO
Re: Midden disturbance concern at Blunden Point.
Brent Edwards, My family have been settled around Blunden Point in Lantzville since 1954. We have always known this was a home site for Na noose First Nations and over the years we have encountered midden materials. I have collected four artifacts from my property at 7193 Sabastian Road and the adjacent Sabastian Road right of way. We also have known that old human remains were found in the 1930s when Sabastian Road was pushed through to the highwater mark. The bones were reportedly reburied on the highway property "out of the way" which presumably would have had to be between my property line and the existing road (see appended backgrounder).
In 1999 I constructed a low wall along the public beach access on Sa bastion Road to enhance access while preserving the failing slope and protecting the heritage trees. This wall, that is on the public road right of way, was built with the permission of Ministry of Highways at the time. During its construction I encountered midden soils.
I have received an order to remove the wall from the District of Lantzville as they incorrectly say it was built without permission. I am not apposed to its removal; however, the District will not divulge to me why they must disturb the site, what will be done to protect the site nor what their intentions are once it is removed. If the wall's removal enables further development, I would be concerned about cultural impacts and the heritage trees. One of the artifacts was found at the wall site and another within 7m of the wall. In February I approached my long-time acquaintance Wayne Edwards about this concern and provided him background documents. Wayne later suggested I approach you and Tom Bob. I am respectfully providing you this information as my response to Lantzville should be guided by Na noose First Nations. I have attached a diagrammatic backgrounder on the site and the issue. For more information including the viewing of the site and artifacts I would be happy to meet you here at my home.
Sincerely,
Mike Thomas
Copied: Tom Bob, Lands. Nanoose First Nations Wayne Edwards, Chief Negotiator Nanoose First Nations Town of Lantzville
P45 Background Details of Sabastian Road Retaining Wall, Midden and Burial Site. Compiled by: Mike Thomas owner of 7193 Sabastion Road and builder of the wall. location of 750-year-old fir. I tried to put a covenant on the May 2020. tree but was told it was unnecessary as it straddles two properties and Is therefor safe.
Upon excavation of the wall footings I encountered extensive midden material. The material extends from the black dog The edge of the asphalt prior to construction of the wall is shown in the dotted line. Th e wall was built to south pastthe power pole to the footings of the above wall on 7193 property line. I was told by the old timer who retain the sloughing hill slope, stop parking on the hillslope and vegetation, protect the trees, Increase public "pushed" the road through to the highwater mark in the 1930s that a large cedar was removed near the beach. A single parking and allow native vegetation to thrive for privacy of our home. human remains were exposed in the process which was removed and reburied "near by" on highways land. There is and was no available undisturbed land between the road and the private land to the east so It con be assumed that the reburial was to the west in the hill slope between the retaining wall and the property line wall.
The Town of Lantzville has requested the retaining wall be removed as it was "built without permit" (Feb 3, 2020). No alternative to this wall has been shared publicly. Its removal may impact the m idden site and burial site.
In 1999, Figures 3, 4 and 5 below were taken to the City of Nanaimo for a permit where I was informed to take it to the Department of Highways for approval. Aher highway's review I was told no approval was needed as long as the wall height was kept to 36" or lower.
Aher six months of construction when the wall was mostly complete, I was Informed by Lantzville Councillor Denise Haines to stop-work. Three weeks later she came back to me and said I could proceed, which I did to Its completion.
The wall was built as per the architectural design with my lifetime experience as a professional builder. After 20 years standing, It remains in as-new functional condition. Background Details of Sa bastion Road retaining wall, midden and burial site
Figure 3. Artistic rendering of the public beach access and wall completion
This Is the rendering that I took to City of Nanalmo and then to Department of Highways to explain what I wanted to do. I was told I did not need a permit If I kept the wall ~ight at or below that whk:h was built. 36" or lower. As such, I proceeded. After at least 6 month cf construction, Lantzville Councillor Denise Haines informed me to stop. The stop-work was at the point shown In Figure 2. Three weeks later Denise Haines came back and said I could proceed. I offered to install the viewing seat and handicap viewing area but was declined. However, I did donate and Installed the first public garbage can in Lantzvllle at a cost of $480. Page 2of4 Background Details of Sabastlon Road retaining wall, midden and burial site
Figure 4. Site plan for 7193 Sabastlcn Road and the road right of way wall and viewing area.
SEBASTION ROAD iB ROCK RETAINING WAU. gs w (!) & DRl\£WAY '° I C: tal g I CIJ ,.______PRESENT NATURAL BOUNDARY EXISTING EXISTING RES\OENCE GARAGE I I I I ------_J I SITEPLAN L. . ~ 1• • 20' • ~"
Page3 of4
"'U ~ (X) Background Details of Sabastlon Road retaining wall, midden and burial site Rgure S. Typical retafnlng wall section. Provided by Entns Architect Ltd •
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CXNGAE1I! FOUNDATlCN I '(J :,, i := SLOPE>GPACE I''-' 0: ,-i: I di :5_, :w
TYPICAL RETAINING WALL SECTION ii) SCAl.2117:T-Cf JAN.t7.1999 ~ ARCHITECT NC.
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"1J ~ (0 Mfk¢.Thomas o/193 $~,bastion Road June 8, 2020 250 7131133 ~ Council D Circ. ToStaff RECEIVED District of Lantzviile D Mayor OJ Public Works PO Box 100, 7192 Lantzville road ~ CAO. ~ Planning JUN 1 0 2020
Lantzville, BC V0R 2H0 □ . Oireclor of Finance [l Fire Dept. GlS-1-8.l'-l Gt- L.,.,,... 41o11L L '"' 0 Corp. Admin. 0 Other - - ~ --···. u D/Q ~red Spear and Ronald Campbell, M Agenda --· J ?...tfo, '{o G~G&Jj 097_0,. This letter is further communication regarding retaining walls adjacent my property on 7193 Sebastion Road. In recent weeks it has become clear to me that design work around the public access and the sewer pump station is limited at this time. As such, I wish to add my input to the pump station desi~n which is due for construction this summer.
Firstly, I would suggest incorporating a single public toile.t into the pump building design. The value of this at such a busy beach access is undeniable. A public toilet would obviously be connected to our new sewer system. May I suggest that the pump building be sighted very close to the base of the existing large cedar at the corner of Venture Road and Sabastian Road. In this location the building would help retain the tree and the midden. site around. It would also form the southern boundary of development and parking. I stress that the public toilet would be a permanent incorporated structure designed for low maintenance and c;1esthetics and not a plastic stand alone. Maintenance would be by the Town of Lantzville.
The .pump and public toilet building would be built to blend with the retaining wall that I have applied to the Town of Lantzville to build adjacent my property. My vision is to bring Nanoose First Nations on board regarding the design of the wall and building. This concept helps acknowledge the history of the site and the people that valued it long before us.
What my family are willing to offer to Lantzville is my construction of the 3' high rock retaining wall that limit the bounds of parking, retains the bank and the extensive midden site. I would be happy to work with Nanoose Fir$t Nations to insert their images into the wall as conceptually shown on the attachment to this letter. The construction of this retaining wall would be at my cost.
I am presuming that the pump building and toilet would be built of concrete to accommodate its functions and the retention of the adjacent hill slope. Ideally the roof might be a removable concrete slab that could 'be lifted clear to access machinery if needed. ")"his could accommodate a living roof that would blend to the vegetated bank. Rock work and motifs would be the facing of the building. I envision the use of Lantzville coal and Vancouver Island while limestone for motifs such as jumping whales or spawning herring. A.gain, I would be willing to assist with the facing and motifs of the building and the blending it with the other rock work of the sfte.
If it is of interest, I would invite a Nanoose First Nations youth to work with me on these projects. Hopefully, my teachings in construction and r.ockwork would.be.meaningful and possibly inspirational in a future trade.
May I be very clear my offers are not about me and my wants. I offer this proposal from my sell' and my family as long-time residehts of LantzvillE;. We love this area and most of the people in the neighborhood. We just want the best for Lantzville. If I can help, 1 wm.
Sincerely,. Mike and Janet Thomas
P50 REFERENCE ?LAN OF PART OF LOT A. PLAN VIP65913 ANO PART o;: P'--AN [PP101861 LOTS 2 AND 3, P~AN EPP1011:l66. ALL OF lllSlRICT I.OT 5,!, NANOOSE DIS1 R1CT r~n C:r\SlMEtC PJRPos..:s 1-'L'-<~JA'U 10 ::.=.-:;1101. !:'.:.'Fl:!. L:,t.r) ilh: ,t.•:l
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~s Cl ~!ma !c.~ -~~ NI ,Id.-....-...,-, 1,, of•&~ hi.~'!" ,...-,\.111~ ~... , N.:.J ' "-• ~.,...... ,...... , IP"4 ~.-...,.., ~... ,, 1,~1--:r., ~it'llfll!' t"'t ~•.. : ►.,... C-,.--~ ;i. I •..-.ri;, >!f'W'I ~- •t. C':"14:-, •-:•k =•·•n• s,.._..¥ ~1 &«~ 1)1•":~ ~, I I I 'j I I I •/ I, / ,✓-~ fl ! ·1 I, t 1- ,:-:.. i I .,l.,,.,.,,, J ·:--:...... ·-·-· .. --- VENTUnc P51 -Appendix 2. Conceptual image of rock wall wlth motifs by Nanoose First Nations. Ncte: motifs are conceptual for discussion only and do not represent genuine images. "1J 01 I\) FROM: Councillor Savage Meeting Date: June 15, 2020 SUBJECT: Greenspace Plan The current asphalt of Sebastion Rd ends adjacent to the beach, whereas the upcoming new asphalt will be pulled back, some distance from the beach, in order to transform this space into a greenspace. Encroaching onto this District property space, is a rock wall and other improvements, constructed by the adjoining private property. The District has the authority at any time, to alter or remove these improvements, as well as any other works on District property, whether previously approved or not. However, until a plan for this greenspace is created, it seems prudent to leave the encroaching improvements as is, in case some parts of the improvements are incorporated into a greenspace plan. Also, there are two large trees, a fir and arbutus, which need consideration before any works are done. A greenspace plan process will ensure all various aspects of this space are considered. RECOMMENDATION: THAT any further action on the encroachment onto District property at Sebastion Rd, be postponed until a greenspace plan for the Sebastion Rd beach road end has been completed, unless such action is needed to implement the current Sebastion road works. Prepared by Councillor Savage June 9, 2020 File: 2240-40 \ 6340-20 T:\DISTRICT OF LANTZVILLE\Reports To Council\2020\2020 06 15 7193 Sebastion Road Green Space Plan Councillor Savage.Docx P53 District of Lantzville REPORT TO CHIEF ADMINISTRATIVE OFFICER Meeting Date: June 15, 2020 SUBJECT: Community Amenity Contributions PURPOSE To consider a Community Amenity Contributions {CACs} document for the Municipality. RECOMMENDATION 1. THAT the District of Lantzville Community Amenity Contributions document be amended as follows: a} in Section 20 by adding "beach road end improvements" and "community events" to the list of potential community amenity contributions, and b} in Section 21 by adding the words "community amenity contributions and" after the words "to guide negotiations for''. 2. AND FURTHER THAT the District of Lantzville Community Amenity Contributions document, as amended, be approved. COMMITTEE RECOMMENDATION N/A ALTERNATIVES AND IMPLICATIONS 1. THAT the District of Lantzville Community Amenity Contributions document be approved. Council could choose to approve the document without the amendments recommended above. There are no implications to this alternative. BACKGROUND/RELEVANT HISTORY The draft Community Amenity Contributions document was presented to Council at its April 27, 2020 meeting. Council passed the following motion: "THAT the Municipality seek input from the Lantzville development community on the draft Community Amenity Contributions document." P54 District of Lantzville June 15, 2020, Council Agenda Item - Community Amenity Contributions Page 2 of3 The draft document was sent to the Lantzville development and building communities for comment, with a deadline of May 28th• The Municipality received input from two individuals (see ATTACHMENT 1). The April 27, 2020 staff report and the draft document are included as ATTACHMENTS 2 & 3, respectively. Two additional potential amenities are recommended for inclusion based on the input received: "beach road end improvements" and "community events". ATTACHMENTS 1. Input 2. April 27, 2020 Staff Report 3. Community Amenity Contributions Document ANALYSIS/RATIONALE 1. Strategic Plan Objectives Developing a community amenity policy is a Council strategic objective. 2. Policy N/A 3. Resource Implications There are no resource implications of the recommendation. 4. Financial/Budget Implications There are no financial implications of the recommendation. 5. Sustainability Implications There are no sustainability implications of the recommendation. 6. Legal Implications There are no legal implications of the recommendation. 7. Engagement The Provincial Guide recommends consulting with the development community, which has been completed. Prepared By: Approved for Submission to Council: Date: May 29, 2020 Date: P55 District of Lantzville June 15, 2020, Council Agenda Item - Community Amenity Contributions Page3 of3 REVIEWED WITH: D Corporate Administration D Fire Rescue D Public Works/Engineering □ RCMP D Financial Services D Planning D Solicitor D Committee: D Other: COUNCIL AGENDA INFORMATION: Meeting Type Date Agenda Item# Regular June 15, 2020 12. c) Closed (In-Camera) Committee of the Whole File: 6440.20 Location: T:\DISTRICT OF LANlZVILLE\Reports to Council\2020\2020 0615 Community Amenity Contributions.docx P56 ATTACHMENT #1 I suggest the amenity list be developed considering: 1) any items identified in the OCP; not currently required through Bylaws. 2) council priority list: 3) previous P & R commission incomplete project priorities. Trail signage. Interpretive signage at (Foothills bridge) Wetland/Marsh Hwy/Ware Rd (significant) sign. Village Core beautification features... benches, landscaping, etc; Improved vehicle parking at Copley trail and the Woodlot together with historical and interpretive signage. Picnic/BBQ feature Copley Park Additional bus shelters. Improved kayak and small boat launch area at a beach access close to the Village. Contributions to DOL waterfront property acquisition Reserve. Contributions to annual Minetown Day budget. Thank you for the opportunity Graham & Brenda Savage P57 Kyle Young From: Dave Scott Hi Kyle, I have read through the proposed Amenity Contribution Policy for the District of Lantzville. I am generally not a huge fan of amenity charges due to their inconsistencies. The Provincial Guidelines tend to support this and do indicate that it is a grey area and if used should be negotiated on a case by case basis. To me a development is either good for the municipality or it isn't. It almost seems sometimes like these charges equate to buying zoning. Is a development not good for the community but by adding an amenity charge it is acceptable? One area that I believe should be changed in the policy is that Items 23 (j) Environmentally Sensitive Areas and (k) - Lands Subject to Natural Hazards or that are Undevelopable should both be moved to Item 20 as part of the Community Amenities list. These two items should be moved to be consistent with the Staff report for the Clark/Medd property. On page 11 of the report it lists a number of Community Amenity Contributions, one of which is the Blood's Creek corridor. The report supports the transfer of the lands to the District versus having the property privately held with a covenant over the land. This approach also has support in the OCP under Section 4.2.1 (10) - "The District will encourage wherever possible, public ownership of lands, or covenants on title of lands that are deemed to be environmentally sensitive." The OCP Committee spent significant time discussing this and there was a definite preference for District ownership of these land rather than them being privately owned and protected by covenant. As per our discussion the section involving the Foothills should have clearer wording that the amenity contributions already in the MoU and planned to be incorporated in the Phased Development Agreement meet the District's requirements for amenity contributions for the Foothills project. I support the approach taken for the Clark/Medd property and think it is in the best interest of the Environment and the overall Community for the District to control these lands. Regards, Dave Scott D Scott & Associates - Land Use Consulting/Project Management Ph: 250-714-3063 e-mail: [email protected] 1 P58 ATTACHMENT #2 District of Lantzvllle REPORT TO CHIEF ADMINISTRATIVE OFFICER Meeting Date: April 27, 2020 SUBJECT: community Amenity Contributions PURPOSE To consider a Community Amenity Contributions (CACs) document for the Munlclpallty. RECOMMENDATION THAT the Municipality seek input from the Lantzvllle development community on the draft Community Amenity Contributions document. COMMITTEE RECOMMENDATION N/A ALTERNATIVESAND IMPUCATIONS As directed by Council. BACKGROUND/RELEVANT HISTORY Council's Strategic Plan identifies a community amenity policy as a priority for 2020. Staff have prepared a draft Community Amenity Contributions document for Coundl consideration (see ATTACHMENT 1). ATTACHMEN1S 1. Community Amenity Contributions 2. Provincial Guide ANALYSIS/RATIONAlE Official Community Plan Policy 8.6.1.1 of the Official Community Plan (OCP) states the following: "Consider developing a Community Amenity Contribution Policy that identifies the types of projects that are to be funded. These may Include, but are not limited to: • Development of parks and trails P59 District of Lantzville April 27, 2020, Council Agenda Item -Community Amenity Contributions Page 2 of 4 • Development of recreation amenities (sports fields, playgrounds) • Investments in community infrastructure in excess of that required by a development • Recreation or cultural sites/ buildings (e.g., improve or replace Costin Hall) • Fire protection or other safety measures (e.g., new fire vehicles or hall) • Community beautification, entrance signage, streetscape • Waterfront improvements" Based on recent legal advice and the Provincial Guide - Community Amenity Contributions: Balancing Community Planning, Public Benefits and Housing Affordability (ATTACHMENT 2) - staff are not recommending a Council QQ!jQL on CACs. As a Municipal policy, CACs may be perceived as a 'set-in stone' requirement for rezoning applicants and viewed as a tax, charge or fee. CACs must not be considered taxes, charges or fees. In order to avoid this, staff are recommending an options document with a list of potential CACs to provide guidance to Council, staff, rezoning applicants and the public. Council cannot deny a rezoning application simply because an owner does not provide CACs. However, Council is under no obligation to approve a rezoning application. Council can choose to deny a rezoning application based on the impact on the community. If a CAC is intended to offset, reduce or eliminate the impact of the rezoning application on the community, Council can take this into consideration in making its decision and negotiating for the voluntary provision of the community amenity contributions by the owner. Community Amenity Contribution Study If Council wishes to have a financial analysis or Community Amenity Contribution Study completed by a qualified firm, the anticipated costs are $25,000-30,000. Examples The following are examples of community amenity approaches taken by other Vancouver Island municipalities: Commercial/ Municipality Policy Single-Unit Ml!llti-Unit Industrial Campbell No None None None River 2 $2,000/Parcel (S650 m ) 2 $3,000/Parcel (651-850 m ) 2 2 $500 (S100 m ) $4,000/Parcel (851-1250 m ) 2 2 $750 (101-150 m } Courtenay Yes $5,000/Parcel (1251-2500 m ) 2 Case-by-Case 2 $1,500 (151-200 m ) $6,000/Parcel (2501-4000 m ) $2,500 (>200 m2) $7,000/Parcel (4000 m2-1 ha) $10,000/Parcel (>1 ha) Equivalent to Equivalent to 50% of Equivalent to 50% of the 50%ofthe Qualicum the additional land Yes additional land value created additional land Beach value created by the by the rezoning value created by rezoning the rezoning P60 Dfstrfct of Lantzvlffe Aprtl 27, 2020, Coundl Agenda Item-Community Amenity Contrlbutfons PageBaf4 Parksville No Negotiated Negotiated Negotiated PortAlbeml No Negotiated Negotiated Negotiated Nanalmo No $1,000/Unlt $1,000/Unlt $34/m2 Ladysmith Yes $1,000/Unit $1,000/Unlt Equlvalent North No $1,000/Unlt $500/Unlt None Cowlchan $2,500/Unit (Town $2,500/Unit (Town Center) Center) Sooke Yes $5,000/Unit (Outside Town None $5,000/Unlt (Outside Center) Town Center) 0.61-100%of Langford Yes $4,400-$7,000/Unit $10.75/m2 $4,400-$7,000/Unlt $2,000/Unit $2,000/Unit Affordable Equivalent to Central Affordable Housing Yes Housing Amenities for saanlch $5,500/Unit General $5,500/Unit General Amenity SU/MU Amenitv $1SO/m2 of Sidney Yes None None additional GFA Some policies make reference to the uplift In development rights that result from the rezoning application, which Is contrary to the Provincial Gulde. The Provincial Gulde recommends setting a community amenity contribution target. Outside of Special Planning Areas, staff are recommending a target of $3,000 per new additional parcel or primary dwelling unit that Is achievable as a result of the rezoning. $3,000 falls within the range of other munidpallties on Vancouver Island. 1. Stratealc Plan Oblectlves As noted, developing a community amenity policy Is a Council strategic objective. 2. Polley N/A 3. Resource Implications There are no resource implications of the recommendation. 4. Finandal/Bud1et Implications There are no flnandal implications of the recommendation. s. Sustainability Implications There are no sustainability implications of the recommendation. P61 Dlstrfct of LantzvflJe April 27, 2020, Coundl Asenda Item-community Amenity Contributions Pase4of4 6. Legal lmplfcatlons There are no legal Implications of the recommendation. 7. Engagement The Provlnclal Gulde recommends consulting with the development community. Prepared By: Approved for Submission to Council: Date: Aprll 9, 2020 Date: REVIEWED WITH: □ Coroorate Administration □ Ftre Rescue □ PubUc Works/Engineering □ RCMP □ Flnandal Services □ Planning □ Solicitor □ Committee: □ Other: COUNCIL AGENDA INFORMATION: MeetfngTVDe Date Aaenda Item I Regular April 27, 2020 l.2e.J Closed (In-camera) Committee of the Whole Flle: Location: T:\OISTIUCI' OF lAN12VllU\Reports to COuncU\2020\2020 04 27 Community Amenity Contrlbutlons.docx P62 ATTACHMENT #3 District of Lantzville COMMUNITY AMENITY CONTRIBUTIONS April 2020 - DRAFT I PRIN_Cl~L_ES -- - 1. The Municipality will adhere to the Provincial guidelines for community amenity contributions entitled Community Amenity Contributions: Balancing Community Planning, Public Benefits and Housing Affordability (March 2014). 2. In accordance with the Provincial guidelines, community amenity contributions will be negotiated with an applicant on a case-by-case basis. Community amenity contributions are not a fee, charge, tax, or requirement, nor is there a specific minimum contribution. 3. In accordance with the Provincial guidelines, community amenity contributions are for capital projects and are not intended to cover current or future operational costs. 4. The Municipality will not commit to approving a Zoning Bylaw amendment application in exchange for the provision of community amenity contributions. First and foremost, the Municipality will determine whether the proposed amendment is consistent with the Official Community Plan (OCP} and whether the proposed land use is suitable and appropriate. The Municipality will then negotiate, on a case-by-case basis, community amenity contributions in light of the scale of the proposal and anticipated impact on the community. 5. Community amenity contributions will be proportional to the scale of the proposal. Proposals that will result in a larger scale development are anticipated to provide a higher community amenity contribution than proposals that would result in a smaller scale development. 6. Community amenity contributions will, to the extent possible, be based on a link between the impact of the proposal on the community or the Municipality and the amenity being provided. For example, new development will require additional annual public works maintenance resources, which could mean that financial community amenity contributions are allocated to the construction of a public works yard and facility. 7. Community amenity contributions are not intended to discourage applications for Zoning Bylaw amendments. 8. Community amenity contributions for greenfield development proposals are anticipated to be higher than for infill developments and redevelopment proposals. Page 1 of 5 P63 9. Special Planning Areas designated in the OCP have specific policies concerning onsite amenities to be negotiated at the Zoning Bylaw amendment stage, including parkland provisions and trails. r . l. APPLICATION AND._PROCESS ___ ------·······-. . ··- -- - ··-·· 10. Community amenity contributions will be negotiated for all Zoning Bylaw amendment applications, unless exempted. 11. When an owner applies to amend the Zoning Bylaw, staff will discuss community amenity contributions with the owner and will suggest potential amenities based on the OCP policies, community needs, and the scale of the proposal. 12. When an application is brought forward to Council for consideration, the community amenity contributions proposed by the owner will be presented. Council will make the final determination on whether the proposed contributions are acceptable and whether further negotiations are warranted. l EXEMPTIONS ·---- 13. Community amenity contributions are generally not anticipated for Zoning Bylaw amendment applications for the following: a) Non-market rental housing b) Housing for people with disabilities c) Seniors supportive housing d) Secondary suites and carriage houses e) Other forms of attainable housing f) Text amendments that would not alter land use or density 14. There may be specific circumstances where a proposal does not fall within one of the exemptions listed above. The exemption list is not intended to preclude Council from choosing not to negotiate for community amenity contributions in any particular circumstance. [ TIMING & USE-OFCONTRIBUTIONS 15. The community amenity contribution may need to be constructed or physically provided. Alternatively, an equivalent cash-in-lieu of developing, constructing or providing the community amenity on a per parcel, per dwelling unit or per m2 gross floor area basis may be warranted. 16. Community amenity contributions may be secured through covenants, phased development agreements, or amenity zoning. Page 2 of 5 P64 17. Financial community amenity contributions will be deposited in Municipal reserve funds for specific purposes. 18. Where negotiated, community amenity contributions must be provided prior to Subdivision Approval or issuance of a Building Permit, as applicable. If an amenity to be provided at the Building Permit stage is non-financial and must be constructed or physically provided, construction or provision of the amenity may take place concurrently with the authorized building construction but must be completed or provided prior to the final inspection or occupancy. 19. For proposed development in Residential designated areas outside of Special Planning Areas and the Foothills Comprehensive Development Plan Area, the target financial community amenity contribution is $3,000 per new additional parcel or primary dwelling unit that can be achieved as a result of the Zoning Bylaw Amendment. In the case of properties zoned Future Study Area in the Zoning Bylaw No. 180, a minimum average parcel area of 0.2 ha is assumed to be the base density for the purpose of determining "new additional parcels", unless, prior to adoption of Zoning Bylaw No. 180 (Mach 30, 2020), a property had a larger minimum parcel area. 20. The following list represents potential community amenity contributions: a) Land for community purposes (e.g. fire hall, public works, municipal hall) b) Parkland in excess of the 5% statutory requirement c) Parkland improvements (e.g. land preparation, landscaping, park facilities) d) Trails, walkways and pathways, including signage, benches, and other features e) Public transit improvements f) Community facilities (e.g. fire hall, public works, community hall, municipal hall) g) Community equipment (capital only) (e.g. fire truck) h) Community plazas and gathering spaces i) Community signage (highway signage, entrance signage, wayfinding signage) j) Community water infrastructure k) Community sewer infrastructure I) Community beautification and public art m) Attainable housing 21. The Memorandum of Understanding between the Municipality and Lone Tree Properties Ltd. dated September 4, 2014 regarding development of the Foothills Comprehensive Development Plan area will continue to guide negotiations for a Phased Development Agreement to replace the existing covenant (development agreement). 22. The Municipality will maintain a publicly-available list of community amenity contributions agreed to for Zoning Bylaw amendment applications. Page 3 of 5 P65 ! ITEMS THAT ~RE NOT COMMUNITY AMENITY CONTRIBU!~ONS 23. Items that would normally be required through the subdivision or development process are not community amenity contributions. While these items may benefit the community, they may be required regardless of whether the owner applies for a Zoning Bylaw amendment. a) 5% statutory parkland dedication b) Sidewalks (onsite, along highway frontage) c) Walkways (onsite, along highway frontage) d) Water, sewer, storm and road infrastructure required as per Bylaw 175 e) Underground utilities f) Street trees g) Streetlights h) Landscaping i) Development Permit Guideline requirements j) Environmentally sensitive areas k) Lands subject to natural hazards (except wildfires) or that are other undevelopable I) Municipal fees m) Development Cost Charges n) Offsite improvements required for transportation safety o) Offsite infrastructure upgrades required to service a development f" -· --·-·-••------·--· -· --•-· ------·-·-----·•-•· DEFINmONS L------·----·-·-·····-··-··-· ------•· ~~ ------~------·------· -· -··- .. ·-•------•-· Amenity Zoning means Zoning Bylaw provisions adopted under Section 482 of the local Government Act in which an owner is entitled to a higher density subject to the provision of amenities. Attainable Housing means housing that has a rent or sale price that constitutes no more than 30% of gross annual income. Carriage House means a secondary dwelling unit located in a secondary building. Community Amenity Contributions are amenity contributions agreed to by the owner and the Municipality as part of the Zoning Bylaw amendment process initiated by the owner, and are intended to benefit the social, cultural, environmental, recreational, governance and infrastructure needs of the community. Covenant means a covenant under Section 219 of the land Title Act. Page 4 of 5 P66 Greenfield Development means subdivision or development of previously undeveloped areas that are not surrounded by predominantly developed areas, including farmland, forestry lands, rural recreation lands and rural lands generally. Housing for People with Disabilities means housing that caters to the needs of people who require assistance due to a disability. Infill Development means new construction or development within a predominantly developed area. Natural Hazards means elements of the natural environment that have the potential to negatively impact a community. Phased Development Agreement means a phased development agreement between the Municipality and an owner under Section 516 of the Local Government Act. Primary Dwelling Unit means a dwelling unit in a house, townhouse, rowhouse, or apartment and excludes secondary suites and carriage houses. Redevelopment means development of a previously developed site or replacement of existing buildings with new buildings. Secondary Suite means a secondary dwelling unit located in a house. Seniors Supportive Housing means housing that caters to the needs of seniors and includes assisted living and community care facilities licensed in accordance with the Community Care and Assisted Living Act. Page 5 of 5 P67 District of Lantzville REPORT TO CHIEF ADMINISTRATIVE OFFICER Meeting Date: June 15, 2020 SUBJECT: Licence of Occupation Agreement Template PURPOSE To consider approving the form of a licence of occupation agreement to be used by the Municipality. RECOMMENDATION THAT the form of the licence of occupation agreement template as substantially attached to the June 15, 2020 staff report be approved. COMMITTEE RECOMMENDATION N/A ALTERNATIVES AND IMPLICATIONS As directed by Council. BACKGROUND/RELEVANT HISTORY In anticipation of businesses approaching the Municipality regarding the use of a portion of the Lantzville Road right-of-way for outdoor seating and dining, a template licence of occupation agreement is being presented for Council consideration. Under the Officers, Indemnification and Delegation Bylaw, the Director of Corporate Administration has delegated authority "to enter into, on behalf of the District, lease and license agreements where Council has, by resolution or bylaw, approved the substantially similar form of lease or license." A Council resolution is required to approve the form of the licence of occupation agreement before the owner and Director of Corporate Administration can execute the agreement. The proposed template agreement is included as ATTACHMENT 1. ATTACHMENTS 1. Proposed Licence of Occupation Agreement Template P68 District of Lantzville June 15, 2020, Council Agenda Item - Licence of Occupation Agreement Template Page 2 of3 ANALYSIS/RATIONALE The purpose of a licence of occupation agreement is to grant a land owner, individual or business the right to use and occupy a specified area of public land on a temporary basis. This can include structures and other improvements, as specified in the agreement. In considering whether to enter into a licence of occupation agreement for a road right-of-way, the Director will consider the appropriateness of the use (usually an extension of the use taking place on the adjoining private land, but could also be a stand alone use), impacts to public use of the remainder of the road right-of-way, impacts to adjacent properties, and implications for traffic and pedestrian safety. The licensee is required to maintain liability insurance with the Municipality named as an additional insured party. 1. Strategic Plan Objectives N/A 2. Policy The Official Community Plan and Village Commercial Core Improvement Plan support outdoor seating areas and enhanced interaction between private and public spaces. 3. Resource Implications There are no resource implications of the recommendation. 4. Financial/Budget Implications There are no financial implications of the recommendation. 5. Sustainability Implications There are no sustainability implications of the recommendation. 6. Legal Implications The proposed template licence of occupation agreement was based on an agreement prepared by a lawyer. 7. Notification N/A Prepared By: Approved for Submission to Council: Date: June 3, 2020 Date: June 3, 2020 P69 District of Lantzville June 15, 2020, Council Agenda Item - Licence of Occupation Agreement Template Page3of3 REVJjWED WITH: IB" Corporate Administration D Fire Rescue D Public Works/Engineering □ RCMP D Financial Services D Planning D Solicitor D Committee: D Other: COUNCIL AGENDA INFORMATION: Meeting Type Date Agenda Item# Regular June 15, 2020 12. d) Closed (In-Camera) Committee of the Whole File: 2240.01 Location: T:\DISTRICT OF LANTZVILLE\Reports to Council\2020\2020 06 15 Licence of Occupation Agreement Template.docx P70 ATTACHMENT #1 LICENCE OF OCCUPATION AGREEMENT THIS AGREEMENT dated for reference the __ day of [MONTH] [YEAR] . BETWEEN: [OWNER] [STREET ADDRESS] [CITY, PROVINCE POSTAL CODE] (hereinafter called the "Licensee") AND: DISTRICT OF LANTZVILLE 7192 Lantzville Road, PO Box 100 Lantzville, B.C. V0R 2H0 (hereinafter called the "Municipality") GIVEN THAT: A. The Municipality is the registered owner of those certain lands and premises situate, lying and being in the District of Lantzville in the Province of British Columbia, more particularly known and described as the [ROAD NAME] right-of-way (the "road right-of-way). B. The Licensee is the registered owner in fee simple of those lands adjacent to the road right-of-way, being in the District of Lantzville, in the Province of British Columbia, at [SUBJECT PROPERTY], more particularly known and described as: [LEGAL DESCRIPTION] [PID] (hereinafter called the "Licensee's Property") C. The Licensee wishes to use and occupy, for [USES AND IMPROVEMENTS], a portion of the road right-of-way adjacent to the Licensee's Property, as shown on Schedule 1 of this Licence (the "Licence Area" ). D. The Municipality has agreed that the Licensee may use and occupy the Licence Area for the purposes and on the terms and conditions herein set forth (the " Licence" ). P71 District of Lantzville Licence of Occupation Agreement - [PROPERTY OWNER) - [SUBJECT PROPERTY) Page 2 of 10 NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the premises and covenants contained herein and sum of $1.00 now paid by the Licensee to the Municipality, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Grant of Licence l. The Municipality, on the terms and conditions set forth herein, grants to the Licensee the non-exclusive right and licence to enter onto and use the Licence Area for the purposes of [USES AND IMPROVEMENTS], for only the Licensee and its permitted assigns and their servants, agents and invitees and for the Municipality and its successors and assigns and their servants, agents and invitees. Term and Renewal 2. This Licence will commence on DATE (the "Commencement Date" ) and will terminate on DATE, unless terminated on an earlier date by the Municipality or by the Licensee pursuant to this Licence. Termination 3. This Licence does not create any interest in property and is exclusively for the benefit of the Licensee. The Licence will automatically terminate upon the Licensee disposing of an estate in fee simple or a lease of the Licensee's Property to which the Licence gives access. 4. The Licence may be cancelled or terminated despite any rule of law or equity to the contrary in accordance with any of the following provisions: (a) if the Licensee defaults in the observance or performance of any of the terms and conditions contained in this Licence and the Licensee fails to cure such default(s) within 30 days after written notice from the Municipality then the Municipality will be entitled to terminate the Licence without limiting the Municipality's other remedies at law or at equity; (b) if the default under subsection (a) reasonably requires more time to rectify or cure than 30 days, the Licensee will be deemed to have complied with the rectification or curing of it if the Licensee commences rectifying or curing the default within 30 days after notice from the Municipality and diligently completes same as soon thereafter as is reasonably practical; (c) the Licensee will be entitled to terminate this Licence for any or no reason at any time after the Commencement Date upon giving written notice to the Municipality; P72 District of Lantzville Licence of Occupation Agreement - [PROPERTY OWNER] - [SUBJECT PROPERTY] Page 3 of 10 (d) the Municipality will be entitled to terminate this Licence at its sole discretion, for any or no reason and at any time upon giving 24 hours written notice to the Licensee. 5. All of the Licensee's obligations under this Licence that are outstanding on the date that this Licence is terminated will survive the termination of this Licence. For certainty, the Licensee's obligations to release and indemnify the Municipality Will survive the termination of this Licence, but only in respect of events occurring before termination of this Licence. Powers 6. For the purposes of the Licence herein, the Licensee and its servants, agents and invitees have the right to: (a) use the Licence Area; (b) have unobstructed access to and from the Licence Area at any and all times; (c) bring onto and take through the Licence Area all materials and vehicles that must be transported through the Licence Area; (d) clear the Licence Area and keep it clear of anything which might in the opinion of the Licensee, acting reasonably, constitute an obstruction to the use of the Licence Area by the Licensee; and (e) do all other things on the Licence Area as may be reasonably necessary, desirable and incidental to the use of the Licence Area. Municipal Access and Work 7. The Municipality will have free access to all parts of the Licence Area. The Municipality is not required to give any notice to repair the road right-of-way or the Licence Area. No Other Improvements 8. The Licensee will not, without the prior written consent of the Municipality, construct, install, affix, place or store or permit the construction, installation, affixing, placing or storage of any buildings, structures, works, improvements, fencing, material or chattels or anything of any nature or kind including, without limitation, the parking or storage of vehicles on any part of the Licence Area, except for [USES AND IMPROVEMENTS). P73 District of Lantzville Licence of Occupation Agreement - [PROPERTY OWNER) - [SUBJECT PROPERTY) Page 4 of 10 Use 9. The Licence Area will be used by the Licensee for the following purposes only: (a) To pass and repass over and through the Licence Area, on foot for access to the Licensee's Property, which is accessed from the Licence Area; (b) [USES AND IMPROVEMENTS]; and (c) Despite subsections (a) & (b), the Municipality will at all times have a priority right to use and occupy any portion or all of the Licence Area, without notice, in order to access other portions of the road right-of-way, or the Licensee's property, or to carry out any public service or responsibility that requires use of or access to the Licence Area. 10. The Licensee acknowledges and agrees that, by granting this Licence, the Municipality is not accepting any responsibility for the Licensee's use of the Licence Area. The Licensee must use best efforts to cause a minimum of obstruction and inconvenience in the Licence Area. Site Clean-Up 11. Upon termination of this Licence, the Licensee will leave the Licence Area in a tidy condition, and the Licensee, if required by the Municipality in its sole discretion, must remove all personal property belonging to the Licensee within 5 days after termination of this Licence. Any personal property not removed by the Licensee will become the absolute property of the Municipality free of all encumbrances, without payment of any compensation to the Licensee. No Waste of Nuisance 12. The Licensee will not commit or allow any wilful or voluntary waste or destruction of the Licence Area, or do anything that may become a nuisance or annoyance to other occupiers of the road right-of-way or adjoining lands. The Licensee will not stockpile or burn any materials on the Licence Area. Compliance with Laws 13. The Licensee will at all times during the currency of this Licence use the Licence Area in compliance with all statutes, laws, regulations and orders of any authority having jurisdiction and, without limiting the generality of the foregoing, all federal, provincial, or local government laws or statutes or bylaws relating to environmental matters, including P74 District of Lantzville Licence of Occupation Agreement - [PROPERTY OWNER) - [SUBJECT PROPERTY) Page 5 of 10 all the rules, regulations, policies, guidelines, criteria or the like made under or pursuant to any such laws. Assignment 14. Except as expressly set out herein, the rights granted to the Licensee under this Licence may not be sub-licensed, assigned, or otherwise transferred. Risk 15. The Licensee accepts the Licence Area on an as-is basis and agrees that it will use the Licence Area at its own risk, and that the Municipality will not be liable in respect of any loss of life, personal injury, damage to property or loss of property suffered by the Licensee, its servants, agents, or invitees arising out of this License or its or their use and occupation of the Licence Area. Builders Lien Act 16. If any claim of lien over the Licence Area is made under the Builders Lien Act for work performed on or materials supplied to the Licence Area at the Licensee's request, on the Licensee's behalf, or with the Licensee's permission, the Licensee will immediately take all steps necessary to have the lien released, unless the claim of lien is being contested in good faith by the Licensee and the Licensee has taken the steps necessary to ensure that the claim of lien will not subject the License Area or any interest of the Municipality's under this Licence to sale or forfeiture. Indemnity 17. The Licensee hereby indemnifies and saves harmless the Municipality, its officers, directors, elected officials, employees and agents from and against any and all losses, claims, costs, expenses, damages and liabilities, causes of action, suits and judgments including all costs of defending or denying the same, and all costs of investigation, monitoring, remedial response, removal, restoration or permit acquisition and including all solicitor's fees and disbursements in connection therewith which at any time may be paid or incurred by or claimed against the Municipality, its officers, directors, elected officials, employees, agents and invitees arising, directly or indirectly, out of: (a) the uses of the Licensee _under this Licence; (b) a breach by the Licensee of any of the covenants contained in this Licence; (c) any wrongful act or neglect of the Licensee on or about the Licence Area; P75 District of Lantzville Licence of Occupation Agreement - [PROPERTY OWNER) - [SUBJECT PROPERTY} Page 6 of 10 (d) any damage to property related to the Licensee's use and occupancy of the Licence Area; or (e) the death of or injury to any person arising out of or in any way connected with, directly or indirectly, the Licensee's use and occupancy of the Licence Area. 18. This section does not apply to liabilities, damages, costs, claims, suits or actions arising out of the gross negligence or wilful misconduct of the Municipality, its agents, servants, employees or contractors. Insurance 19. The Licensee must obtain and keep in force throughout the existence of the Licence insurance naming the Municipality as an additional insured and protecting the Municipality and the Licensee (without any rights of cross-claim or subrogation against the Municipality) against claims by any person, including any member of the public using the Licence Area, for personal injury, death, property loss or damage, and third party liability or public liability claims arising from any accident or occurrence on the Licence Area or other loss relating to the Licensee's use of the Licence Area to an amount of not less than Five Million ($5,000,000.00) Dollars per occurrence (the "Insurance Policy" ). (a) The Insurance Policy must provide that it is not terminable or alterable without the giving of 30 days' written notice to the Municipality. (b) At the time of execution of this Licence, the Licensee must deliver to the Municipality a copy of the Insurance Policy or an insurance binder or note evidencing that the Licensee has obtained the Insurance Policy on the terms set out herein. (c) At any time during the Term of this Licence the Municipality may require the Licensee to provide evidence to it that the Insurance Policy is valid and in full effect. Notices 20. Any notice or other writing required or permitted to be given to any party will be sufficiently given if delivered by hand, or if sent by prepaid courier or if transmitted by facsimile or e mail to such party: (a) in the case of a notice to the Licensee, at: [OWNER] [STREET ADDRESS] [CITY, PROVINCE POSTAL CODE] P76 District of Lantzville Licence of Occupation Agreement - [PROPERTY OWNER) - [SUBJECT PROPERTY) Page 7 of 10 Attn: Fax: E-mail: (b} in the case of a notice to the Municipality, at: DISTRICT OF LANTZVILLE 7192 Lantzville Road, PO Box 100 Lantzville, B.C. V0R 2H0 Attn: Director of Corporate Administration Fax: 250.390.5188 E-mail: [email protected] or at such other address or addresses as the party to whom such notice or other writing is to be given must have last notified the party giving the notice in the manner provided in this section. Any notice or other writing sent in compliance with this section will be deemed to have been given and received on the day it is so delivered unless that day is not a business day, in which case the notice will be deemed to have been given and received on the next day that is a business day. Breach 21. In the event that the Licensee breaches any term, condition, or provision of this Licence, the Licensee must remedy the breach within 5 days of receipt of a notice from the Municipality and if the breach is not remedied within that time period, all rights accruing to the Licensee under this Licence will cease without further notice to the Licensee, unless the Municipality, in its sole discretion, decides otherwise. Municipality May Take Action 22. If the Licensee fails to do any matter required of them under this Licence, the Municipality is entitled to take all such actions on the Licensee's behalf and at the Licensee's cost as are reasonably necessary to rectify the Licensee's failure, but the Municipality is in no circumstance liable for not taking such action or its manner of doing so, provided that the Municipality acts reasonably. The Licensee must pay to the Municipality the costs the Municipality incurs pursuant to this provision forthwith upon receipt of an invoice. General 23. This Licence will enure to the benefit of and be binding upon the Li censee and its successors, administrators and approved assigns and upon the Municipality and its successors, administrators and assigns. P77 District of Lantzville Licence of Occupation Agreement - [PROPERTY OWNER) - (SUBJECT PROPERTY) Page 8 of 10 24. Every reference to each party is deemed to include the heirs, executors, administrators, corporate successors, servants, employees, agents, contractors, officers, licensees and invitees of such party, wherever the context so requires or permits. 25. Wherever the singular or masculine or neuter is used in this Licence the same will be construed as meaning the plural, the feminine or body corporate where the context or the parties thereto so require. 26. The Schedules attached to this Licence form part of this Licence. 27. This Licence constitutes the entire agreement between the parties and no understanding or agreement, oral or otherwise, exists between the parties with respect to the subject matter of this Licence except as expressly set out in this Licence, and this Licence may not be modified except by subsequent agreement in writing between the parties. 28. Time is of the essence of this Licence. 29. The section headings have been inserted for reference only and do not define, limit, alter or enlarge the meaning of any provision of this Licence. 30. The Licensee's use of the Licence Area will under all circumstances be viewed as a licence only and will not create nor be deemed to create any property interest in favour of the Licensee in the Licence Area. 31. If any section, subsection, sentence, clause or phrase in this Licence is for any reason held to be invalid by the decision of a court of competent jurisdiction, the invalid portion is to be severed and the decision that it is invalid does not affect the validity of the remainder of this Licence, the parties hereby agreeing that they would have entered into the Licence without the severed portion. 32. The parties hereto must execute and do all such further deeds, acts, things and assurances that may be reasonably required to carry out the intent of this Licence. 33. This Licence will be governed by and construed in accordance with the laws of the Province of British Columbia. P78 District of Lantzville Licence of Occupation Agreement- [PROPERTY OWNER) - [SUBJECT PROP ERTY) Page 9 of 10 IN WITNESS WHEREOF the parties have executed this Licence as of the date first above written. DISTRICT OF LANTZVILLE, by its authorized signatories: Trudy Coates, Director of Corporate Administration [OWNER], by its authorized signatories: Authorized Signatory Authorized Signatory P79 District of Lantzville Licence of Occupation Agreement - [P RO PERTY OWNER) - [SU BJECT PROPERTY) Page 10 of 10 SCHEDULE 1 Licence Area P80 District of Lantzville REPORT TO CHIEF ADMINISTRATIVE OFFICER Meeting Date: June 15, 2020 SUBJECT: Pre-Approval for Temporary Expanded Service Area Authorizations for Liquor Licences PURPOSE To consider a blanket pre-approval for the Liquor and Cannabis Regulation Branch to approve applications to temporarily expand service areas for liquor licences for liquor primary establishments within Lantzville. RECOMMENDATION THAT all applications to the Liquor and Cannabis Regulation Branch for temporary expanded service area authorizations for liquor primary establishments within Lantzville are hereby pre-approved by Council until October 31, 2020. COMMITTEE RECOMMENDATION N/A ALTERNATIVES AND IMPLICATIONS THAT the District of Lantzville continue to consider all types of liquor licence applications on a case-by-case basis. As an alternative, local governments can choose to review individual applications. This alternative is the status quo. The implication of this alternative is that applications for temporary expanded service area authorizations will take longer to process, which could adversely impact businesses. BACKGROUND/RELEVANT HISTORY On May 22, 2020, the Liquor and Cannabis Regulation released Policy Directive No. 20-13 concerning temporary expanded service area authorizations (ATTACHMENT 1) and a corresponding explanatory e-mail (ATTACHMENT 2). The new policy directive and online application portal permit liquor primary, food primary and manufacturer licensees to apply for temporary expanded service area authorizations for outdoor seating areas to respond to COVID-19 challenge and physical distancing orders from the Provincial Health Officer. Under normal circumstances, applicants need to engage the Municipality to determine if the Municipality wishes to provide comments on the proposed service area expansion for liquor primary establishments. The purpose of the policy directive is to support businesses that wish to expand their P81 District of Lantzville June 15, 2020, Council Agenda Item - Pre-Approval for Temporary Expanded Service Area Authorizations for Liquor Licences Page2of3 service areas, including outdoor spaces, to accommodate additional seating and dining areas. This will enable businesses to serve as many patrons as possible (within their permitted occupant loads), while maintaining physical distancing. The Branch does not engage local governments for liquor licences for food primary establishments, and there are no manufacturers licences in Lantzville, so there is no need for the blanket permission to include these. ATTACHMENTS 1. Provincial Policy Directive No. 20-13 2. E-mail from Liquor and Cannabis Regulation Branch. ANALYSIS/RATIONALE This is a temporary measure-temporary expanded service area authorizations will end on October 31, 2020. While businesses are permitted to expand their service areas, this does not mean that businesses will be able to expand their permitted occupant loads. The result is a decreased density of patrons. Staff are recommending the blanket pre-approval option in order to provide the greatest level support to liquor primary establishments by expediting the application process. 1. Strategic Plan Objectives N/A N/A 3. Resource Implications There are no resource implications of the recommendation. 4. Financial/Budget Implications There are no financial implications of the recommendation. s. Sustainability Implications There are no sustainability implications of the recommendation. 6. Legal Implications There are no legal implications of the recommendation. 7. Notification N/A P82 District of lantzville June 15, 2020, Council Agenda Item - Pre-Approval for Temporary Expanded Service Area Authorizations for Liquor Licences Page 3 of3 Prepared By: Approved for Submission to Council: Date: June 8, 2020 Date: June 8, 2020 REVIEWED WITH: @ Corporate Administration D Fire Rescue D Public Works/Engineering □ RCMP D Financial Services D Planning D Solicitor D Committee: D Other: COUNCIL AGENDA INFORMATION: Meeting Type Date Agenda Item # Regular June 15, 2020 e) l.a. , Closed (In-Camera) Committee of the Whole File: 4320-50 Location: T:\DISTRICT OF LANTZVILLE\Reports to Council\2020\2020 06 15 Pre-Approval for Tempoary Expanded Service Area Authorizations.docx P83 ATTACHMENT #1 Liquor and Cannabis Regulation Branch POLICY DIRECTIVE No: 20-13 Date: May 22, 2020 To: All LCRB Staff All Licensees All Industry Associations All local government, First Nations and police agencies Re: Temporary Expanded Service Area Authorization General Manager Authority Under the Liquor Control and Licensing Regulation (LCLR), s. 109.1, the General Manager (GM) of the Liquor and Cannabis Regulation Branch (LCRB) may issue a Temporary Expanded Service Area Authorization to food primary, liquor primary, and manufacturer licensees. New Policy In response to the COVID-19 pandemic, the Province's March 2020 declaration of a state of emergency and the Provincial Health Officer's March 2020 declaration of a public health emergency, the GM is putting in place time-limited measures to support the Provincial Health Officer's (PHO) direction and recommendations. This new authorization permits a licensee to temporarily expand their service areas until October 31, 2020. The increased service area will allow licensees to serve patrons while complying with the PHO's guidelines regarding physical distancing. Accordingly, food primary, liquor primary and manufacturer licensees (i.e., wineries, breweries, distilleries) may apply for a Temporary Expanded Service Area Authorization. To meet the intent of this temporary authorization, licensees will not be permitted to increase or exceed their currently approved person/patron capacities or occupant loads. All means of access to the service area must also be supervised to the satisfaction of the GM. Finally, licensees must comply with all local bylaws and health and fire regulations. An expedited on line application will be available for licensees at no charge. Please check our website for a link to the application. Explanation The new policy is provided in the context of the provincial state of emergency and public Page 1 of 2 P84 health emergency related to the COVID-19 pandemic. Increasing the size of existing service areas is expected to support licensees in complying with requirements under the Provincial Health Orders and recommendations, in particular with respect to social/physical distancing. Further Information Further information regarding liquor and cannabis regulation and licensing in British Columbia is available on the Liquor and Cannabis Regulation Branch website at https://www2.gov.bc.ca/gov/content/employment-business/business/liguor-regulation licensing If you have any questions regarding these changes, please contact the Liquor and Cannabis Regulation Branch toll free in Canada at 1-866-209-2111 or 250 952-5787 if calling from the Victoria area. Original signed by Mary Sue Maloughney Assistant Deputy Minister and General Manager Liquor and Cannabis Regulation Branch Page 2 of 2 P85 ATTACHMENT #2 Kyle Young From: Lingwood, Allan LCRB:EX Hello Kyle, The LCRB released policy directive 20-13 empowering Liquor Primary, Food Primary, and Manufacturer licence classes to apply for temporarily expanded service areas. I would be happy to discuss further regarding Lantzville's Opt-in or opt out decision. If I can connect with a more suitable person amongst your team, please let me know. Always happy to connect if there are questions or concerns. Contact info below. Additionally, I have included the original email that went out to local governments below my contact information. Please let me know if someone in your team received? Many Thanks, Allan Allan Lingwood Manager, Local Government Liaison Liquor and Cannabis Regulation Branch Ministry of Attorney General Victoria, B.C. Phone: 250 208 9711 Hello, The Liquor Control and Regulation Branch (LCRB) is aware of the significant ramifications the pandemic has had on B.C's hospitality sector and we understand that with reopening efforts underway, it is critical that licensees are supported in their needs to adhere to Provincial Health Officer's (PHO) direction and recommendations as they aim to resume operations. As such, the LCRB has announced Policy Directive 20-13, that permits food primary, liquor primary and manufacturing licensees to temporarily expand their service area footprint until October 31, 2020. Helping licensees increase their service area will allow them to decrease the density of patrons in their establishments and to continue to serve patrons while complying with PHO orders and guidelines regarding physical distancing. To support this directive, we have implemented an expedited process for the authorization of temporary expansions to service areas. These temporary authorizations will be focused on expanding licensee service areas only and will not increase currently approved person/patron capacities or occupant loads. This will allow the LCRB to expedite approvals while mitigating any public safety risks or local government requirements. Licensees will still be subject to any PHO orders requiring reduced occupancy loads and must also comply with all local bylaws and health and fire regulations. Licensees will be able to submit applications for Temporary Expanded Service Area Authorizations via our online portal at no charge. This user-friendly online system will ensure information is gathered from licensees efficiently and will enable faster processing times. P86 We understand that some local governments may want applications in their jurisdiction approved as soon as possible, while others may want an opportunity to review individual applications more extensively. Therefore, the LCRB is offering the following two options for local government input into the temporary authorization application process for liquor primary and manufacturer licensees: 1. Local governments may provide one pre-approval to cover all liquor primary and manufacturer establishments within their jurisdiction who may apply for an expanded service area. Considerations: • This will enable the fastest processing of applications in your jurisdiction. • You will not have an opportunity to see individual requests before they are approved by the LCRB. • Applicants will be required to disclose that they have met all local government requirements when applying. • You will receive notice when the expanded service area is authorized by the LCRB. • If you have wish to use this expedited process but have specific concerns, please contact the LCRB immediately. If you choose this option, please send confirmation directly to our local government liaison, Allan Lingwood, at A/[email protected] so that your pre-approval can be recorded in our system. 2. Local governments may choose to review and approve all individual requests for liquor primary and manufacturer expansions prior to licensees submitting their applications to the LCRB. Considerations: • This will increase the time required for businesses to begin operating their expanded areas. • You will have the ability to determine what information you require from applicants seeking your approval, and to withhold approval if you have concerns. • If you approve the application, you will be asked to provide written approval directly to the applicant (email is sufficient). The applicant will be required to include this information with their application to the LCRB. • You will receive notice when an expanded service area is authorized by the LCRB. Please note: This is the default process. You do not need to contact LCRB if you wish to follow this process. Local governments who choose to review/approve all individual requests will be required to provide written approval to each applicant (via Jetter or email} prior to submission, with the following information: 1. Establishment name 2. Licence number 3. Establishment address 4. Local Government's confirmation of "no objection" 5. Permission to use publicly owned spaces, if applicable 6. Comments, if any. Since food primary establishments are.not generally required to obtain prior local government approval to expand their service areas, the LCRB will continue to process food primary requests for expanded service areas without requiring local government approval. Food primary licensees are responsible for following all local bylaws and for obtaining any permits as required by their local government. You will receive notice when an expanded food primary service area is approved by the LCRB. 2 P87 Finally, it's important to note that the LCRB will not require evidence from licensees ensuring they have appropriate permissions (including the use of publicly owned spaces like parking lots, sidewalks, etc.) from local governments, if their local government has selected the blanket-approval approach. It is the responsibility of the licensee to ensure they abide by all local bylaws and acquire any necessary permits. However, all applicants will be required to affirm through an online disclosure that they have met all local government requirements. Please quickly decide your local governments approach and either communicate your decided administrative process to the LCRB, or the licensees and applicants that will be likely reaching out to you soon. The LCRB will also continue with its end-to-end review of the existing permanent structural approval process, with the goal of streamlining and modernizing the process, making future applications more straightforward and aligned with today's business needs. We look forward to continuing to work with you to ensure B.C. businesses have the support they need during this challenging time. If you have any questions, please contact our local government liaison, Allan Lingwood, at [email protected]. Sincerely, Mary Sue Maloughney Assistant Deputy Minister and General Manager Liquor and Cannabis Regulation Branch Ministry of Attorney General Allan Lingwood Manager, Local Government Liaison Liquor and Cannabis Regulation Branch Ministry of Attorney General Victoria, B.C. Phone: 250 208 9711 3 PBS District of Lantzville REPORT TO CHIEF ADMINISTRATIVE OFFICER Meeting Date: June 15, 2020 SUBJECT: Municipal Security Issuing Resolution PURPOSE To have Council provide approval for a Municipal Security Issuing Resolution with borrowing to be facilitated through the Regional District of Nanaimo. RECOMMENDATION 1. THAT Council approve borrowing from the Municipal Finance Authority of British Columbia, as part of the 2020 Fall Borrowing Session, $4,300,000 as authorized through the "District of Lantzville Phase Ill Sanitary Sewer Collection System Loan Authorization Bylaw No.144, 2017, Amendment Bylaw No. 221, 2019", and-that the Regional District of Nanaimo be requested to consent to the District of Lantzville's borrowing over a 30 year term and include the borrowing in a Security Issuing Bylaw. ALTERNATIVES AND IMPLICATIONS 1. THAT Council deny approval of borrowing from the Municipal Finance Authority of British Columbia. a. Implications: The Sewer Phase Ill project would need to be put on hold and further direction would be required from Council. BACKGROUND/RELEVANT HISTORY In March 2017 the District of Lantzville received a grant of $4,373,332 through the New Building Canada Fund - Small Communities Fund for the Phase Ill Sanitary Sewer Collection System project. In September 2017, Council established the Phase Ill Sanitary Sewer System Local Area Service and adopted Loan Authorization Bylaw No. 144 (both of which had passed a Petition Against process). On February 5, 2020, Council amended the Phase Ill Sanitary Sewer System Local Area Service and adopted an amended Loan Authorization Bylaw No. 221 to account for the increase in the project budget (both of which had passed a Petition Against process). The one-month quashing period for the bylaws has passed, and the Corporate Officer's Certificate was completed on March 9, 2020. The District has obtained the Certificate of Approval for the Bylaw from the Ministry of Municipal Affairs and Housing, which is dated March 26, 2020. The next step in the process is for Council to pass a Municipal Security Issuing Resolution, which, along with P89 District of Lantzville June 15, 2020, Regular Council Agenda- Municipal Security Issuing Resolution Page2of2 supporting documentation, will be sent to the Regional District of Nanaimo to request access to long term financing. ANALYSIS/RATIONALE All long-term financing under Section 179 of the Community Charter must be facilitated through a Regional District and the Municipal Finance Authority of BC. The Municipal Security Issuing Resolution is the trigger for a Regional District to include a Municipality in a Security Issuing Bylaw and forms a key part of the legal documentation required for Municipal Finance Authority financing. If Council approves the resolution outlined in this report, the Regional District of Nanaimo will bring forward a Security Issuing Bylaw to their Board for approval. Once it is given three readings and adoption by the Regional District of Nanaimo, there is a further 10-day quashing period. Then, they will provide their Corporate Officer Certificate to the Ministry of Municipal Affairs and Housing and receive approval for District of Lantzville borrowing. 1. Strategic Plan Obiectives The Sewer Phase Ill project was included in Council's 2016-2018 Strategic Priorities and grant funding for this project in the amount of $4,373,332 has been received for this project. 2. Financial/Budget Implications The Municipal Security Issuing Resolution will authorize the District to borrow $4,300,000 of funds that will be used towards the construction of the Phase Ill Sanitary Sewer Collection System. Prepared by: Approved for submission to Council: Jamie Slater, CPA, CA Ronald Campb Director of Financial Services Chief Administrative Officer Date: May 22, 2020 Date: May 22, 2020 REVIEWED WITH: □ Corporate □ Fire Rescue □ Public □ RCMP Administration Works/Engineering □ Financial Services □ Planning □ Solicitor □ Committee: □ Other: COUNCIL AGENDA INFORMATION: Meeting Type Date Agenda Item# Regular June 15, 2020 12.. • .(?) r Closed (In-Camera) Committee of the Whole File Number: 3900-20-221 Location: T:\DISTRICT OF LANTZVILLE\Reports to Council\2020\2020 06 15 Municipal Security Issuing Resolution.docx P90