DISTRICT OF KITIMAT PUBLIC HEARING AGENDA TO BE HELD AT THE COUNCIL CHAMBERS, 606 MOUNTAINVIEW SQUARE ON MONDAY, APRIL 20, 2020, AT 7:00 P.M.
Page 3 1. Delay of Public Hearing for Multi-Family Development Permit Guidelines, FireSmart Amendment Bylaw No. 1967, 2020 and Development Permit Area – Hazardous Areas, FireSmart Amendment Bylaw No. 1968, 2020
DISTRICT OF KITIMAT REGULAR COUNCIL MEETING AGENDA TO BE HELD IN THE COUNCIL CHAMBERS, 606 MOUNTAINVIEW SQUARE, ON MONDAY, APRIL 20, 2020, FOLLOWING THE PUBLIC HEARING
Message from the Mayor
Delegations/Presentations
Public Input / Questions on Agenda Items
Media Inquiries - For Clarification Only
Call for New Business / Adoption of the Agenda
Consent Agenda Page 5 1. Regular Meeting of Council – 6 April 2020 Page 11 2. Committee of the Whole Meeting – 14 April 2020 Page 15 3. News Release from Province of British Columbia dated 16 April 2020 “New COVID-19 support for business, local governments”
Motions
Bylaws Page 19 1. 1st, 2nd, 3rd and Adoption – 2020 Revenue Anticipation Borrowing Bylaw No. 1962, 2020
Reports and/or Communications Page 21 1. Application for Approval of Strata Plan, 1425 Nalabila Boulevard Page 41 2. Development Variance Permit Application – 71 Starling Street 3. COVID-19 Update (verbal)
New Business
Mayor and Council Reports
Questions and Answers DISTRICT OF KITIMAT CLOSED COUNCIL MEETING AGENDA TO BE HELD IN THE COUNCIL CHAMBERS, 606 MOUNTAINVIEW SQUARE, FOLLOWING THE REGULAR MEETING OF APRIL 20, 2020 ______
Call for Closed New Business Items or Agenda Changes
Moved by , Seconded by ,
THAT the agenda be adopted and Council deal with these matters in a closed session.
At this point the public leaves.
Page 1 1. Adoption of Closed Minutes – April 14, 2020
Page 3 2. Municipal Service Item – S.90(1)(k)
Page 5 3. Land Item – S.90(1)(e)
Page 11 4. Municipal Service Item – S.90(1)(k)
5. Release of Closed Items
6. Adjournment 3 4 5 MINUTES OF DISTRICT OF KITIMAT REGULAR MEETING MEETING HELD IN THE COUNCIL CHAMBERS, 606 MOUNTAINVIEW SQUARE, ON MONDAY, APRIL 6, 2020 AT 7:00 PM
Present: Mayor P. Germuth
Councillors: E. Empinado, M. Feldhoff, L. Gibson (All Via WebEx) R. Goffinet, T. Marleau, M. Zielinski
Present: Staff: W. Waycheshen, Chief Administrative Officer E. Anderson, Director of Corporate Administration Via Webex D. Rutsatz, Director of Finance A Ramos-Espinoza, Director of Engineering Services G. Sewell, Director of Community Planning Via WebEx M. Dewar, Director of Economic Development Via WebEx M. Gould, Director of Leisure Services Via WebEx M. Penner, Director of Human Resources Via WebEx C. McCulley, Director of Operations Via WebEx P. Bizarro, Deputy Fire Chief A. Hansen, Information Systems Coordinator Via WebEx K. Enders, Deputy Director of Corporate Administration
Delegations/Presentations
Public Input / Questions on Agenda Items
Affonso Bizon, BC Works General Manager, Rio Tinto BC Works, responded to questions from Council (via WebEx) regarding Rio Tinto BC Work’s operations and response to COVID-19.
Media Inquiries - For Clarification Only
Call for New Business / Adoption of the Agenda
Moved and seconded, “THAT the Regular Council Agenda for April 6, 2020, be adopted as circulated.”
Motion Carried Unanimously Motion: R20-076
Consent Agenda
Moved and seconded, “THAT the Consent Agenda for April 6, 2020 be approved.”
Motion Carried Unanimously Motion: R20-077 The following meeting Minutes were adopted:
Regular Council Meeting Minutes – 16 March 2020 Committee of the Whole Minutes – 30 March 2020
All correspondence was received and filed. 6 District of Kitimat Regular Meeting Minutes April 6, 2020 Page 2 of 5
Motions
1. COVID-19 Community Safety
Councillor Zielinski declared a conflict of interest as an employee of a contractor on the LNG Canada project. Councillor Zielinski exited the call – 7:34 p.m.
Moved and seconded, " That the District of Kitimat acknowledges the commendable efforts of local industries including LNG Canada, Coastal Gaslink and Rio Tinto to protect the health of our community. For the health and safety of our community during the COVID-19 provincial state of emergency, the District of Kitimat calls upon all employers in Kitimat to refrain to the greatest extent possible from bringing workers or contractors from outside of the Kitimat-Terrace area into our community.” Motion Carried Unanimously Motion: R20-078 COVID-19
2. COVID-19 Community Safety
Councillor Empinado declared a conflict of interest as an employee of Northern Health. Councillor Empinado exited the call – 8:03 p.m.
Moved and seconded, "THAT the District of Kitimat contact Northern Health, including the Northern Health Medical Officer, appropriate provincial representatives, LNG Canada, Coastal GasLink, Kitimat LNG, JGC Fluor, Horizon North and Civeo to discuss concerns about fly in fly out workers amid the pandemic of COVID-19.”
Amendment to Amendment Moved and seconded, "THAT SL&B be included as a contact for discussions." Motion Carried Unanimously Motion: R20-079 COVID-19
Amendment Moved and seconded, "THAT Rio Tinto be included as a contact for discussions.”
Motion Carried Unanimously Motion: R20-080 COVID-19
Main motion as amended:
"THAT the District of Kitimat contact Northern Health, including the Northern Health Medical Officer, appropriate provincial representatives, LNG Canada, Coastal GasLink, Kitimat LNG, JGC Fluor, Horizon North, Civeo, Rio Tinto and SL&B to discuss concerns about fly in fly out workers amid the pandemic of COVID-19.” 7 District of Kitimat Regular Meeting Minutes April 6, 2020 Page 3 of 5 Motion Carried Unanimously Motion: R20-081 COVID-19
Councillor Empinado returned to the call – 8:13 p.m. Councillor Zielinski returned to the call – 8:13 p.m.
Bylaws
1. Official Community Plan & Zoning Amendment Bylaw No. 1974 Add Recreation, Commercial as permitted use in C10 Zone
Moved and seconded, "THAT First and Second Reading be given to “Loganberry Commercial Recreation OCP and Zoning Amendment No. 1974, 2020”;
THAT Council has considered impacts of Bylaw 1974 to Kitimat’s Five Year Financial Plan and Waste Management Plan and found no measurable impact;
THAT Bylaw 1974 be referred to Advisory Planning Commission, School District No. 82 Coast Mountains, and Kitimat Chamber of Commerce;
THAT Council has specifically considered whether additional persons, organizations and authorities, including additional federal and provincial agencies and First Nations, are required to be consulted, and is satisfied that the appropriate persons, organizations and authorities have been identified as referral agencies and will be consulted in advance of the Public Hearing;
THAT a Public Hearing be scheduled for 4 May 2020 at 7:00 pm in Council Chambers at 606 Mountainview Square; AND
THAT public notice be issued: (1) advising a bylaw to add Commercial Recreation as a permitted use in the C10 Agriculture Commercial Zone is under consideration; (2) advising a Virtual Open House is available to visit on the municipal website www.kitimat.ca/pn; (3) inviting comment regarding Bylaw 1974; and (4) advertising Public Hearing.”
Amendment Moved and seconded, "THAT all properties located in Strawberry Meadows be provided with Public Notice.”
Motion Carried Unanimously Motion: R20-082 Bylaw No. 1974
Main Motion as Amended:
"THAT First and Second Reading be given to “Loganberry Commercial Recreation OCP and Zoning Amendment No. 1974, 2020”; 8 District of Kitimat Regular Meeting Minutes April 6, 2020 Page 4 of 5
THAT Council has considered impacts of Bylaw 1974 to Kitimat’s Five Year Financial Plan and Waste Management Plan and found no measurable impact;
THAT Bylaw 1974 be referred to Advisory Planning Commission, School District No. 92 Coast Mountains, and Kitimat Chamber of Commerce;
THAT Council has specifically considered whether additional persons, organizations and authorities, including additional federal and provincial agencies and First Nations, are required to be consulted, and is satisfied that the appropriate persons, organization and authorities have been identified as referral agencies and will be consulted in advance of the Public Hearing"
THAT a Public Hearing be scheduled for 4 May 2020 at 7:00 pm in Council Chambers at 606 Mountainview Square; AND
THAT public notice be issued to all properties in the Strawberry Meadows neighbourhood: (1) advising a bylaw to add Commercial Recreation as a permitted use in the C10 Agriculture Commercial Zone is under consideration; (2) advising a Virtual Open House is available to visit on the municipal website www.kitimat.ca/pn; (3) inviting comment regarding Bylaw 1974; and (4) advertising Public Hearing.”
Motion Carried Unanimously Motion: R20-083 Bylaw No. 1974
Reports and/or Communications
1. Flat Tax Options for 2020
Moved and seconded, “THAT the Flat Tax rate for the 2020 year be set at $649, equal to the 2019 Flat tax rate of $630 plus a 3.0% adjustment for budget increases.”
Motion Carried Unanimously Motion: R20-084 Budget 2020
2. Invasive Plant Report 2019
Moved and seconded, “THAT the Invasive Plant Report 2019 be received for information.”
Motion Carried Unanimously Motion: R20-085 Invasive Plant 9 District of Kitimat Regular Meeting Minutes April 6, 2020 Page 5 of 5 3. COVID-19 Update
Warren Waycheshen, Chief Administrative Officer, provided an update on the District of Kitimat response to COVID-19.
Moved and seconded, "THAT Council receive the verbal report provided by the Chief Administrative Officer regarding the District of Kitimat response to COVID-19.” Motion Carried Unanimously Motion: R20- 086 COVID-19
Mayor and Council Reports
Moved and seconded, “THAT this meeting adjourn.” Motion Carried Unanimously The meeting adjourned at 9:07 p.m.
CERTIFIED TRUE AND CORRECT
______Mayor Corporate Officer 10 11 MINUTES OF DISTRICT OF KITIMAT COMMITTEE OF THE WHOLE MEETING MEETING HELD IN THE COUNCIL CHAMBERS, 606 MOUNTAINVIEW SQUARE, ON TUESDAY, APRIL 14, 2020 AT 7:00 PM
Present: Mayor P. Germuth
Councillors: E. Empinado, M. Feldhoff, L. Gibson (All Via WebEx) R. Goffinet, T. Marleau, M. Zielinski
Present: Staff: W. Waycheshen, Chief Administrative Officer E. Anderson, Director of Corporate Administration D. Rutsatz, Director of Finance A Ramos-Espinoza, Director of Engineering Services G. Sewell, Director of Community Planning Via WebEx M. Dewar, Director of Economic Development Via WebEx C. McCulley, Director of Operations Via WebEx N. Simpkins, Deputy Director of Operations A. Hansen, Information Systems Coordinator Via WebEx K. Enders, Deputy Director of Corporate Administration
1. Call to Order
2. Public Input / Questions on Agenda Items
3. Media Inquiries - For Clarification Only
4. Call for New Business / Adoption of the Agenda
Moved and seconded, “THAT the Committee of the Whole Agenda for April 14, 2020, be adopted as presented.”
Motion Carried Unanimously Motion: C20-007
5. Application for Approval of Strata Plan, 1425 Nalabila Boulevard
Moved and seconded, “THAT the strata conversion for 1425 be tabled until a housing agreement is discussed with the property owner that retains the existing tenants’ rental contracts”
Motion Carried Unanimously Motion: C20-008 1425 Nalabila Boulevard 12 District of Kitimat Committee of the Whole Minutes April 14, 2020 Page 2 of 3
6. April 2020 Budget Deliberations
Moved and seconded, “THAT the increase in tax rate for the ‘Residential’ class be zero percent (0%).”
Motion: Carried
In Favour: Mayor Germuth, Councillors Empinado, Feldhoff, Goffinet, Marleau
Opposed: Councillors Gibson and Zielinski
Motion: C20-009 2020 Budget
Moved and seconded, "THAT the community resiliency fund be increased by two hundred thousand ($200,000) dollars."
Motion Carried Unanimously Motion: C20-010 2020 Budget
Moved and seconded, "THAT the property tax increase for the ‘Light Industry’ class be zero (0%) percent."
Motion Carried Unanimously Motion: C20-011 2020 Budget
Councillor Feldhoff declared a conflict of interest as a member of the Financial Commission for the Catholic Church. Councillor Feldhoff left the call – 7:47 p.m.
Councillor Empinado declared a conflict of interest as a member of the Pastoral Council of the Catholic Church. Councillor Empinado left the call – 7:47 p.m.
Technical Difficulties – 7:48 p.m. – 7:57 p.m.
Moved and seconded, "THAT the property tax increase for the ‘Recreation Non-Profit’ class be zero (0%) percent." Motion Carried Unanimously Motion: C20-012 2020 Budget Councillor Feldhoff returned the call – 8:05 p.m. Councillor Empinado returned to the call – 8:05 p.m. 13 District of Kitimat Committee of the Whole Minutes April 14, 2020 Page 3 of 3
Moved and seconded,
"THAT the tax rate for the ‘Business Other’ class be reduced by seventy-five (75%) percent.”
Moved and seconded, "THAT the motion be tabled pending a report from staff on options to best provide property tax relief in the ‘Business Other’ class."
Motion Carried Unanimously Motion: C20-013 2020 Budget
7. Adjournment
Moved and seconded, “THAT this meeting adjourn.” Motion Carried Unanimously
The meeting adjourned at 8:26 p.m.
CERTIFIED TRUE AND CORRECT
______Mayor Corporate Officer 14 15
NEWS RELEASE For Immediate Release Ministry of Finance 2020FIN0020-000703 Ministry of Municipal Affairs and Housing April 16, 2020 New COVID-19 supports for businesses, local governments
VICTORIA ʹThe Province is providing enhanced relief for businesses by reducing most commercial property tax bills by an average of 25%, along with new measures to support local governments facing temporary revenue shortfalls as a result of COVID-19.
͞We know that B.C. communities and businesses are suffering from the economic impacts of COVID-19,͟said Carole James, Minister of Finance. ͞That is why our B.C. COVID-19 Action Plan is focused on the health and safety of British Columbians, direct support for people and businesses and economic recovery for our province. We are providing further support by making additional temporary property tax changes to provide provincewide relief for business and local governments to help weather the pandemic, continue to deliver the services people count on and be part of our province͛s economic recovery.͟
The Province is taking significant new steps to support B.C. businesses, non-profits and other organizations through the COVID-19 pandemic by:
further reducing the school property tax rate for commercial properties to achieve an average 25% reduction in the total property tax bill for most businesses, providing up to $700 million in relief. This enhances the 50% reduction to the provincial school property tax rate that was originally announced for classes 4, 5, and 6 as part of B.C.͛s COVID-19 Action Plan. Postponing the date that late payment penalties apply for commercial properties in classes 4,5,6,7 and 8 to Oct. 1, 2020, to give businesses and landlords more time to pay their reduced property tax, without penalty.
Responding to key concerns from local governments, the Province is addressing cash flow and revenue shortfalls with new measures that provide additional support:
authorizing local governments to borrow, interest-free, from their existing capital reserves to help pay for operating expenses, such as employee salaries. delaying provincial school tax remittances until the end of the year. This will provide significant relief to local governments facing cash flow issues. providing local governments greater flexibility to carry debt for an additional year. These measures will provide local governments with the resources to meet their operational costs and required remittances to regional districts, regional hospital districts, TransLink and transit authorities, BC Assessment, the Municipal Finance Authority and other taxing authorities. This will ensure that other minor taxing authorities can count on receiving the full amount they bill to municipalities and the Province͛s surveyor of taxes before Aug. 1, 2020. 16 ͞The COVID-19 pandemic is having significant financial impacts on all levels of government. It͛s going to take hard work from both municipalities and the provincial government, but working together we will get through this,͟said Selina Robinson, Minister of Municipal Affairs and Housing. ͞Many local governments have already shown leadership by taking steps to help people and businesses and maintain services, while addressing their finances. With these new measures, we are giving local governments new tools as a first step to ease their financial burdens and that of businesses in their communities now, and as we look to recovery in the months to come.͟
Maja Tait, Union of B.C. Municipalities president, said: ͞Local governments across B.C. are working hard to support the implementation of COVID-19 orders, while ensuring residents have access to the services they need in these challenging times. The measures announced today provide additional relief to small business and will free up funds for local government. UBCM will monitor the impact of these measures on the state of local governments finances, and work with the Province to ensure that local governments have the resources to sustain their communities.͟
Changes to British Columbia͛s property tax framework complement federal measures and build on the $5 billion B.C. COVID-19 Action Plan that provides income supports, tax relief and direct funding for people, businesses and services.
Learn More:
For more information on B.C.͛s COVID-19 Action Plan, visit: http://news.gov.bc.ca/factsheets/bc-takes-steps-to-support-people-businesses-during-covid-19 -pandemic
For information about federal supports for businesses, visit: https://www.canada.ca/en/department-finance/economic-response-plan.html
For the latest medical updates, including case counts, prevention, risks and testing, visit: http://www.bccdc.ca/ Or follow @CDCofBC on Twitter
For provincial health officer orders, notices and guidance, visit: www.gov.bc.ca/phoguidance
For non-health related information, including financial, child care and education supports, travel, transportation and essential service information, visit: www.gov.bc.ca/covid19 Or call 1 888 COVID19 (1 888 268-4319) between 7:30 a.m. and 8 p.m., seven days a week.
A backgrounder follows. 17 Contacts: For non-health related information, visit: For media only: www.gov.bc.ca/covid19 Ministry of Finance Or call 1 888 COVID19 (1 888 268-4319) Media Relations between 7:30 a.m. and 8 p.m., seven days a 250 213-7724 week.
Ministry of Municipal Affairs and Housing Media Relations 778 584-2433
Connect with the Province of B.C. at: news.gov.bc.ca/connect 18 19
COUNCIL REPORT
Date: April 16, 2020
File: �� To: Warren Waycheshen, CAO for Mayor and Council � From: Dustin Rutsatz, Director of Finance KITIMAT Re: Revenue Anticipation Bylaw
Recommendation: THAT three readings and adoption be given to the 2020 Revenue Anticipation Borrowing Bylaw No 1962, 2020
Information:
Council may through bylaw approve the borrowing that may be necessary to meet current expenditures, up to a maximum of 75% of the previous year's taxes plus money remaining due from other governments.
The Revenue Anticipation Bylaw is an annual bylaw that could assist the Finance Department in administering the municipal cash flow.
Budget Implications: N/A -� L./ - . . .-----;:;7 TreaLJ.r:1.itials
Budgeted: Un budgeted:
Council Initiative: I
Submitted by: Approved for S� mission: Dustin Rutsatz, Director of Finance Warren Waych shen, CAO 20
DISTRICT OF KITIMAT
BYLAW NO. 1962
A BYLAW TO PROVIDE FOR THE BORROWING OF MONEY IN ANTICIPATION OF REVENUE
WHEREAS the municipality does not have sufficient money on hand to meet the current lawful expenditures of the municipality prior to tax collections;
AND WHEREAS the Community Charter provides that Council may, without the assent of the electors or the approval of the Inspector of Municipalities, provide for the borrowing of money that may be necessary to meet current lawful expenditures provided that the debt outstanding under this section does not exceed at any time the total of:
(a) The unpaid taxes for all purposes imposed during the current year, provided that prior to the adoption of the annual rates bylaw in any year the taxes in the current year are deemed to be seventy-five percent of the taxes levied for all purposes in the preceding year; and
(b) The money remaining due from other governments;
AND WHEREAS the total amount of liability that Council may incur is $20,924,980.00, being seventy- five percent of the whole amount of the taxes levied for all purposes in 2019;
NOW THEREFORE the Council of the District of Kitimat in open meeting assembled ENACTS AS FOLLOWS:
1. This bylaw may be cited as "2020 REVENUE ANTICIPATION BORROWING BYLAW NO. 1962, 2020".
2. The Council shall be and is hereby empowered and authorized to borrow upon the credit of the municipality an amount or amounts not exceeding the sum of $20,000,000.00 to meet current expenditures.
3. The form of obligation to be given as acknowledgement of the liability shall be a promissory note, notes bearing the corporate seal, or signed credit agreement bearing the corporate seal, and signed by the Mayor and Director of Finance.
4. All unpaid taxes and the taxes of the current year when levied or so much thereof as may be necessary shall, when collected, be used to repay the money so borrowed.
5. This bylaw shall take effect and be binding upon all persons as from the date of adoption.
READ a first time this day of , 2020.
READ a second time this day of , 2020.
READ a third time and passed this day of , 2020.
FINALLY ADOPTED this day of , 2020.
MAYOR Phil Germuth
CORPORATE OFFICER Ethan Anderson 21
COUNCIL REPORT
Date: 16 April 2020 File: 7.11.3.4 To: Warren Waycheshen, CAO for Mayor and Council From: Director of Community Planning & Development KITIMAT Re: Application for Approval of Strata Plan, 1425 Nalabila Boulevard A Mo,�I ol Noh,,� ond 1�11 y
1. Recommendation
1. THAT application from IAG Enterprises Ltd., to convert a rental townhouse complex at 1425 Nalabila Boulevard from market rental to strata-title ownership be received for consideration; and tabled; and 2. THAT letters dated 16 April 2020 from IAG Enterprises Ltd and Michael Drouillard of Harper Grey LLP, regarding: (a) relocation and compensation for existing tenants; and (b) creating four units of low income housing for a term of approximately 36 months; are received for information, and referred to Kitimat Housing Committee for comment.
2. Council Authority
Under Section 242 of the BC Strata PropertyAct, Kitimat Council receives authority to make decisions on applications to convert existing, previously-occupied, rental units to strata-titled properties. The attached Strata Conversion Policy was adopted 2 June 2014 to provide a consistent process for evaluating applications.
3. Background
Known as Elizabeth Townhouses, 30 three-bedroom units were constructed at 1425 Nalabila Boulevard between July 1969 and August 1970. Given the lack of recorded occupation by owner, it is assumed that all units have been market rental housing since August 1970.
The building file contains two inquiries-1985 and 2012-regarding potential stratification. No formal application was submitted by either party. IAG Enterprises, the current owner, represented by Mr. Phillip Cheung, began working towards a strata subdivision application in mid-2019.
Attached correspondence outlines how four existing tenants could be compensated, relocated, and provided with an opportunity to purchase a unit in the event of building stratification. Attached correspondence also outlines how up to four units of low-income housing could be provided for up to 18-months following stratification. Mr. Cheng is expected speak to Council via WebEX on 20 April 2020. Previous Council motions are provided below. 22
File: 7.11.3.4 1425 Nalabila Boulevard, Strata Conversion Application
Background, cont'd
Council Motion C20-011 THAT staff provide a report outlining the details of how we could allow the strata conversion while still requiring that four units remain available to these tenants under their existing contracts.
Council Motion C20-003 THAT the application for approval of Strata Plan at 1425 Nalabila Boulevard be tabled pending a tenant relocation plan being provided.
4. Proposal Review: StaffComment
Attached letters were received after the Council agenda deadline. Detailed staff comment could not be provided within time available, thus recommended action is to receive the stratification application for consideration, and refer the proposed options for term-limited low-income housing and tenant relocation and compensation to the Housing Committee. This item would likely return to Council in early- to mid-May.
Council decision to approve or deny any application to stratify existing rental units must consider all factors listed in section 242(6) of the BC Strata PropertyAct:
(a) Priority of rental accommodation over privately owned housing in the area, (b) Any proposals for the relocation of persons occupying a residential building, (c) Life expectancy of the building, (d) Projected major increases in maintenance costs due to condition of the building, and (e) Any other matters that, in its opinion, are relevant in making a decision.
Factors Kitimat Council wishes to consider that are not listed above should be identified by motion.
6. Decision Options a. THAT letters dated 16 April 2020 from IAG Enterprises Ltd and Michael Drouillard of Harper Grey LLP, regarding: (a) relocation and compensation for existing tenants; and (b) creating four units of low income housing for a term of approximately 36 months; are received for information; or
b. Another option identified during Council debate.
7. Budget Implications To be determined. Dir. of Finance
8. Council Initiatives and Other Plans
Strategic Determine community housing needs before, during, and after the LNG Plan project construction. • Complete 2020 Housing Action Plan and Needs Assessment (HAPNA) and incorporate key findings and recommendations into OCP in 02 2020 • Adopt measures to encourage diversify of form, tenure type and price 23
File: 7.11.3.4 1425 Nalabila Boulevard, Strata Conversion Application
Council Initiatives and Other Plans, cont'd
Official 4.3.3. Preserve the diversity of housing types (e.g., single houses and multi-unit Community housing such as duplexes, row houses, apartments, and condominiums), lot Plan sizes and price ranges by ensuring that infill and new development supports housing choice. Kitimat should monitor housing diversity over time and adopt policies should the need arise in the future for affordable rental and special needs housing. 4.3.6 Explore opportunities to encourage owners and renters to improve the quality (e.g., aesthetics, safety) of their housing.
HAPNA 1. Development a tenant relocation and protection policy to increase tenant 2020 protection and compensation in event of renovation or redevelopment 3. Establish a revitalization tax exemption (RTE) program to incentivized property owners to make improvements without transferring the costs to renters 15. Advocate to BC Housing for additional rent supplements for persons experiencing, or at risk of experiencing homelessness and continued funding for a housing resource worker
Submitted by: Approved for Submif ion Gwendolyn Sewell, MCIP, RPP Warren Waycheshen, Chief Administrative Director of Community Planning & Development Officer
GJS/ Encl: Context Map IAG Letter of 16 April 2020, 2pp M. Drouillard Letter of 16 April 2020, 5pp Strata Conversion Policy, 2pp Application Package, 2pp Plans and Drawings, Spp 24
File: 7.11.3.4 1425 Nalabila Boulevard, Strata Conversion Application
But 25
File: 7.11.3.4 1425 Nalabila Boulevard, Strata Conversion Application
IAG ENTERPRISES LTD. # 410, 233 West 1" Street, North Vancouver, BC V7M 183 Tel ( 604) 980-5973 Fax ( 604) 980-0371
April 16, 2020
The District of Kitimat 270 City Centre Kitimat, BC V8C 2H7
Attention: Mayor and Council,and to whom it may concern Dear Sirs/Mesdames:
RE: 1425 Nalabila Boulevard, Kitimat BC (the "Property'') IAG would like to address th e council on certain issues that we feel have been overlooked during our request to stratify the units at 1425 Nalablla Boulevard. It ls our understanding that councH would like the existing tenants to remain ln their units with no change ln rent following the stratification of the property, We would like to look at this in terms of the costs associated with thls request.
The market value of the units following a complete renovation and stratification is expected to be between $300,000 - $330,000.00. Using a conservativevalue of $315,000 per unit the combined value of those four units is approxlmate!y $1.26 million. At this time current rent per month for these units is $584.00, $701.10. $820,00, and $875.00 totaling $2,980,10 per month in gross revenue, After subtracting running costs, and other expense such as tax and repairs which currently work out to 30% of gross revenue IAG ls left with $21086.07 per month 1n net income for all four units. On an annual basis that means IAG will net $25,032.84 on a $1.26 million dollar investment Utilizing a standard Cap Rate valuatlon model thls equates to a 1.98% return ($25,032.84 / 1.26 mill= 1,98%) Once these units are renovated and stratified, and assuming they are put into the rental market they would earn approximately $2,400.00 per month per unit. Based on the difference, in Gross Revenue, council is asking for a subsldy of $79,439.80 per year for these fourtenants. IAG's proposal ls that the rent of these four units be 30 percent of the family's gross income. Based on the BC housing income limit {Hlls) (https://www.bchousing.org/publications/2019-Housing-lncome limits-HILs.pdf) for a family to qualifyfor low income housing for a 3 bedroom unit in Kitlmat their maximum gross income could not exceed $54,500.00. Therefore the upper limit of the rent would be 30% of $54,500.00 equating to $16,350 in gross rent per year or $1,362.5 in gross rent per month. At the lower limlt, IAG is still offering subsidies of $49,800.00 per year if all tenants earn the maximum $54,500,00. lf tenants' incomes are less than the stated amount IAG subsidies will be higher.
It is understandable that the existing tenants would expect have first right to rent the units following the renovation and stratification of the units. However, under stratification regulations in the BC Tenancy Act there is no requirement to allow tenants to return following stratlflcatlon of a property. 26
File: 7.11.3.4 1425 Nalabila Boulevard, Strata Conversion Application
IAG ENTERPRISES LTD. # 410, 233 West 1st Street, North Vancouver, BC V7M 183 Tel ( 604) 980-5973 Fax ( 604 ) 980-0371
However, if councils request ls that IAG provide low income housing for a period of time following the stratification of the property we believe that the opportunity for all Kitimat citizens to apply should be allowed so that those in the most need receive an equal opportunity.
Attached to our letter, we have asked Harper Grey to address the legal issue with the evictions and Stratification as well as the process.
Yofi(l�
Phillip Cheung � 27
File: 7.11.3.4 1425 Nalabila Boulevard, Strata Conversion Application
H1\RRlS'J'HRS h SOLICITORS .)200 ° (,.'iO \'V(·st (;('01·f-�"St.- cc1 \l,1rn·m1v('rBC: t:nn,1<1� vm 4Pi TeL 60-1 087 Q,111 ° fox 604 66') 9385
MICHAEL L DROUILLARD DIRECT LINE, 604 895 2904 md mni Ila ,d11l' ha rp<-rg,ry .com w,,,,,v.hotpeft',na.y.co,11 Fik Numhr-r: 146':i:i4
April 16, 2020
The District of K..itimat 270 City Centre Ki ti mat, !JC V8C 2H7
Attention: Mavor and CounciL and to ,:vhom it may concern
Dear Sirs/Mesdames:
Re: 1425 Nafabila Boulevard, Kitimat BC (the "Property")
We write futther to our March 5, 2020 let1er about the application to stratif'.y the Property, and recent meetings bct\vccn the District and our client about a propo8ed tenant relocation policy.
first, ns background, our client ,vanted to respond to recent concerns raised about a previous arbitration concerning the Property and the remaining tenants that ,vas heard before the Residential Tenancy Branch ofB.C. in 2019 (the "Hearing"), and to clarify ,:vhat the purpose of that Hearing wus, and its lack of relevancy' to our client's application to strati!\ the Property.
Last year, our client applied fln an order ending the tenancies at the Property on the basis that it had al! necessary permitsand approYals required by law to effect a renovation at the .Property, which ,vere significanten ough to require vacant possession for a prolonged period of time. Some of the tenants contested the application. At the Hearing, the arbitrator agreed that the renovations were significant and required vacant possession. However, the arbitrator did not agree that vacant possession was required Cora prolonged period of time, such that the tenancies had lo end. Instead, the arbitrator ordered that the tenants vacate the Property ,:vhile the renovations requiring n1cant possession take place, and that the tenants ·'iverc permitted to return to the Property afterthe renoYations were completed. Notably, our client ,:vill not conduct repairs of this nature while the COVID-19 provincial state of emergency is in effect.
To clarify_ the result of the Bearing has nothing to do ,vith the stratification of the Property, or the basis upon vd1ich the existing tenancies may end under the Residential Tenaw:y Act (the "'Act"). Should stratification proceed, our client intends to end the existing tenancies, not for renovution purposes, but rather, because stratification has occurred. This is an independent legal basis for ending a tenancy under the Act It has a different policy basis: namely, lo reflect the fact that the type of property the tenant occupied has fundamentally changed because of stratification. The reasoning of the arbitrator at the Hearing is therefore
I 467.'i414827-776,1 "37 06 28
File: 7.11.3.4 1425 Nalabila Boulevard, Strata Conversion Application
Elarmer €BreyLtP Page 2
inapplicable to what is happening with the Prope1ty now, because the arbitrator at the Hearing was not dealing with notices to end tenancy based on stratification.
Second, our client wished to respond to the latest tenant relocation plan that has been proposed. \Ve understand the latest proposal is that the existing tenants at the Property would return to their homes at the same, or similar, rent they are currently paying, after the Property is extensively renovated
Our client is very concernedthat such a proposal would impair the economic viability of the proposed stratification, such that our client would not proceed with stratification. There are several reasons forthis:
1. a relocation plan of this nature, in ,:vhich the existing tenants returnto the developed prope1ty at the same or similar rent is unprecedented, and we are unaware of any similar plan. Not even major urban centres like Vancouver, with much lower vacancy rates, have this as a requirement in their own tenant relocation policies. A!! such policies require the existing tenants to leave permanently;
a. incidentally, New VVestminster an 2. a condition of stratification that a private land mvner conferfinancial benefits onto specificidentified individuals like the existing tenants, as opposed to conveying a benefitonto the public generally, such as by offering the low income units to the public, as our client has proposed, is without legal precedent and may not be something the District is authorized to do; 3. a rent geared to income model, such as what our client has proposed, more fairly reflects the policy intention of low-income housing. The existing rents at the Property are suppressed well below market value because of the effect of rent control imposed under the Act, and not because they are low-income housing. The policy intention of rent control under the Act is to end a tenancy and "reset" the rent charged forthe property when it has been stratified to market level. Therefore, requiring our client to allmv the existing tenants to return at the same or similar rent despite the Property's immense transformation,gives the existing tenants a financial windfall given how rent control operates in British Columbia; and 4 our client would receive greater revenue, and in tum, increase the viability of stratification, if a rent geared to income model were used, instead of allowing the existing tenants to return at the current rents, which are likely we11 below what our client v,,rould receive in a rent geared to income model; and 146754·.,!827-7764-3706 29 File: 7.11.3.4 1425 Nalabila Boulevard, Strata Conversion Application :HarJ;1er (]\jreyLLP Page 3 5. our client legitimately prefers that the 4 units of low income housing be low income for a time limited pe1iod, because a project like this one-- a major restoration of a small townhouse complex - cannot economically include units oflow income housing for a pennanent period of time like in larger developments due to economies of scale. To review and to summarize previous correspondence, our client wishes to propose a number of different options that could work for the Property, as follmvs. Option A This was proposed in our March 5, 2020 letter. 1. Early communication with tenants. including a letter sent by the landmvner to all affected tenants outlining the proposed project and expected timeline, which can be pre-approved by District ofKitimat staff if requested. Frniherrnore, the landmvner will provide ongoing communication regarding the progress of stratification which could include letters to tenants with project updates, and appointing a primary point of contact for the tenants 2. ln addition to the compensation required under the Act which a tenant \vill use for moving expenses, financial compensation provided based on length of tenancy, on a per household basis, and matching that offered in the City of Vancouver, beirig: a. 4 months' rent fortenancies up to 5 years; b. 5 months' rent for tenancies over 5 years and update to 10 years; c 6 months' rent for tenancies over 10 years and up to 20 years; d. 12 months' rent for tenancies over 20 years and up to 30 years; e. 18 months' rent for tenancies over 30 years and up to 40 years; and f. 24 months' rent for tenancies over 40 years. 1 Notably, the overall intention of this compensation is to stabilize a tenant's rent when they leave the rental unit, meaning the above compensation is offered to help top up rent if the tenant moves to a prope11y ln which the rent is higher than \vhat he or she cunently pays. There is no legal basis for a landlord to permanently subsidize a tenant's rent in the market rental housing context, like \vith this property. The intention of this compensation is to provide to the tenant stabilization for a reasonable, but temporary, period ohime. 3. As requested by the District of Kitimat, any affectedhousehold will also receive a right of first refusal to purchase a stratified lot at the property at fair market value. 4. For any tenant facinga relocation baITier, meaning disability, or ,1.,,hois a senior over the age of 65, an additional $2,500 will be offered as a stipend to offset relocation difficulties, matching that required by the City of Vancouver tenant relocation policy. The above is a simplified formof the City of Vancouver tenant relocation policy. It offers compensation well beyond that required by the Act. It is submitted that it is appropriate for this property, because the housing issues faced by the City of Vancouver are very different from the District ofKitimat, including but not limited to a dramatically lmver vacancy rate in 1--U,754-4827- 7764-3706 30 File: 7.11.3.4 1425 Nalabila Boulevard, Strata Conversion Application Elarper \Drey;wv Page 4 Vancouver. Furthermore, although the properiy in question consists of30 units, most of them arc CUITent!y vacant, and only four households are affected. OptionB This ,vas proposed in our client's leller sent earlier this month Our client would provide 4 units oflmv-incorne housing on a temporary basis. Specifically, these units will be rented at 30 percent of the occupying family's gross income. Assessment of the income wil I be based on previous year's tax return. Future rent increases will be governed by the Residenhal Temmcy Act. The existing tenancies would terminate, and new applications would be required. The units will be available for low income occupancy for 18 months after stratification is complete, this means on top of the expected 18 months for the works to be completed. At the end of this pe1iod our client would have to the option to sell these units. This would be set out in a section 219 covenant that would expire 18 months after stratification. Although time limited to 18 months, and to clarify, any tenant \vim occupies a unit at the Property on this basis will be free to continue to reside at the unit until their unit is sold, or until their tenancy otherwise ends, in accordance with the Res;dential Tenam:r Act. This means that their tenancy can only be ended forcause and could extend beyond the 18-month time period if they chose to reside at the Property for longer than ·18 months (subject to our right to sell the unit after 18 months). However, once their tenancy ends after 18 months have elapsed, the unit would reh1rn to market housing. These units would be made available to the public generally through a selection process which could include a committee of a representative of our client, and other community members experienced with administering low income housing of this kind, and at our client's cost. Other Comments Our client is also prepared to grant, at no cost, a 90-day first right of refusal to purchase the units they occupy. at market value, after they have been stratified. In order forthe landowner to end the tenancies for strata conversion purposes, the landowner must have all necessaiy pennits and approvals required by law The landowner cannot end the tenancies in question without this addressed. To deal with the strict requirements of the Act set out above, the landowner proposes that the above tenant relocation plan will be can-ied out by the District of Kitimat granting all necessary pennits and approvals required to stratify the property. The landowner will then prove compliance ·with its tenant relocation plan by showing to the Dist1ict ofKitimat reasonable evidence of having paid the compensation set out above afterhavin g served notices to end the existing tenancies for strata conversion purposes. 146754',4�27-776'1-3706 31 File: 7.11.3.4 1425 Nalabila Boulevard, Strata Conversion Application nlarmer ®rey ,u, Page 5 Thank you and our client invites any further questions you may have. Yours truly, HARPER GREY LLP Per: Michael L Drouillard MLD/MD 32 File 7.11.3.4 1425 Nalabila Boulevard, Strata Conversion Application POLICY-PROCEDURE MANUAL TITLE: STRATA CONVERSION Page 1 of 2 PREPARED BY: AUTHORIZED BY: DATE OF ISSUE OR REVISION: D.Martin Council April, 2014 The purpose of this policy is to provide a consistent process for evaluating applications for the conversion of existing purpose-built rental buildings to strata title ownership. The following guidelines will be considered by Council, under Section 242 of the Strata Property Act, when dealing with applications for the conversion to strata title of existing, previously occupied, rental buildings. The guidelines are without prejudice to Council's power as approving authority to approve, or not approve, st rata conversion, subject to terms and conditions or to delegate its powers and duties, as set out in Section 242 of the Strata Property Act. Once a completed application is submitted, [DOK] staffreviews application with all relevant legislation, bylaws, and Council policies to prepare a report for Council. The following applies to strata titling of existing residential buildings with two or more units. Council will judge each strata application on its own merits. A preliminary application for strata conversion must be accompanied by: 1. Site plan showing access and parking; 2. Landscaping plan - proposed/existing; 3. Floor plans; 4. Elevation drawings; 5. Structural and construction drawings, or as-built drawings; 6. Proposed strata plan; 7. Names and contact information of all present tenants; Applications should consider the following guidelines: Compliance with Municipal Bylaw 1. Applicants shall demonstrate level of compliance with the Zoning regulations in the Kitimat Municipal Code. This includes, but is not limited to lot area, lot frontage, floor area ratio, setbacks, parking, landscaping, and vehicle access. 2. Applicants shall include a proposal to bring areas of non-compliance (if any) into compliance as a condition of strata conversion approval. (S-19) 33 File: 7.11.3.4 1425 Nalabila Boulevard, Strata Conversion Application Compliance with BC Building Codes 3. Applicants shall provide a report prepared by a professional engineer, architect, or code compliance specialist, summarizing the physical condition of the building and identifying components in need of immediate or imminent repair. Building Life Expectancy & Condition 4. The above report must verify the building(s) life expectancy is a minimum of thirty�five (35) years. !n addition, the repoIi must include projected maintenance costs due to the condition of the building and provide comment on expected cost increases [or decreases] assuming strata conversion. Priority of Rental Accommodation 5. Council will only consider a strata conversion application when the rental vacancy rate, after the removal of the strata units, is greater than 5% as determined by the District of Kitimat, unless the applicant proposes an acceptable tenant relocation plan. The strata conversion of any two- or three-unit building is exempt from this requirement. Protection & Relocation of Existing Tenants 6. Within two weeks of submitting the conversion application to the District, the applicant shall provide written evidence that all existing tenants have been notified of the owners' application to convert the building into strata lots as well as written evidence of all tenants who are support of the proposed conversion. 7. Within two weeks of submitting the conversion application to the District, the applicant shall develop a relocation plan that \Nill, at a minimum, outline options available to tenants with respect to purchase options and relocation assistance. The applicant shall identify available market and non-market rental units within the Kitimat market and provide that information to tenants. The plan must be in accordance \Nith the Residential Tenancy Act. 8. Applicants shall provide existing tenants with a 90-day right of first refusal to purchase before giving notice to tenants that they must vacate their unit. A right of first refusal means that a tenant would have the fir.st opportunity to purchase a renovated unit at fair market value based on an independent third party appraisal, less customary commission payable by the developer at that time. (S-19) 34 File: 7.11.3.4 1425 Nalabila Boulevard, Strata Conversion Application File: 7.11.3. 1L PIO l•�br: 011-607-27L__ T Roll Nbr: _!g_,,_o."'O"'DOe,___ _ KlTIMA APPLICATION FOR STRATA CONVERSIOM APPROVAL I/VVe Krahn Engineering Lid./ Kevin Bennett (I-lame or Applican1) 400 34077 Gladys Ave Abbotsford BC V2S 2E8 of (Mailing Address. including City. l'rovince, and Postal Code) hereby make application , inder r0art 9 of the l(ili111al Municipal Corle for strata conversion of the property described below· 1. Subject Prope,iy Civic Address _1_4_2_�_N_a_l_a_b_ila_B_lv_rJ______, Kit imat, 8.C, \/8C �-[:_ 82 1)1 R04? 115C DL 60/43 115C 111 f,0:18 RSC DL Gl :,2 ri,c & DL 6153 RSC Legal Description Lot Block District Lot RP zone RESIDENTIAL ZONE - R3-A Property Area 1. 02_B_1_·11_ B9______ Official Community Plan Designation Existing townhomes - medium density. 2. Existing Use Describe existing use and development Currently undP.r construction to complete needed repairs for water damage and building code upgrades. 3. Prnposed Use Describe proposed use and development (attach extra pages if necessary). Stratificatioh of 30 units to be upgraded and repaired to meet current building code. ------�-----•-·--- Approximate project start date and completion schedule. Ongoing repairs - December 2019 to May 2020. 4. General Comments Any reasons and comments in support of application. Stratification to allow 30 LI nits of affordable housing, allowing for responsible cost ownership for the local market. Revised: Septeniber 12. 201 J 35 File: 7.11.3.4 1425 Nalabila Boulevard, Strata Conversion Application 5. Attachments The BC Strata Property Act requires that you provide lhe following documents in Slipport of your application. Sketch plan of site showing the builcling(s) to be converted to strata lille, access, services, and scale. Measurements should be in metres. Preferred size is 28 cm x 43 cm (11" x 17"). Proposed Strata Plan. This must include a plan showing: structures on the property; extenl of common property; and extent of private property. A report by a licenced professional (Architect, Fngineer, or Code Compliance Consultant) that determines: work to be completed to bring the IJuild1ng(s) into compliance with the current BC F311ilrli11y Cocle; life expectancy of the building(s); and any projected changes in maintenance costs due to the condition of the building(s). Added 6 April 2020 GJ Any proposals for the relocation of persons occupying residential building(s). The following information may also be requested. Copy of (1) State of Title Certificate, or (2) Certificate of Indefeasible Title, for subject property Copies are available from the Land Title Office, amJ should be dated no more than thirty days prior to application date. Technical lnforrncition anct reports listed below. Building condition assessment 6. Declarations a Property Owner Where the applicant(s) is/are not the registered property owner(s), the following statement must be signed by the registered owner(s) or the owner's(s') agent. This application is made with my/our full knowledge and consent IAG Enterprises Ltd. Namc(s) 410 233 West 1st St North Vancouver BC V7M 183 Mailing /\driress (incl Postal Code) 778-995-7175 [email protected] NA Pi10ne Email Fax b. Applicant IM/e declare that statements an�;information submitted in support of this application are, lo the best of my/our knowledge, lrue_and CQrre"CI - �) 1J@11 u.S c--9/!J11 --- [)ate �) 604-853-8831 [email protected] ------NA Phone t.:rnail Fax FOR OFFICE USE: X Yes No Scheduled for 24 Feb 2020 GJS Application Details Attached? Fee Paid (Date) Initials of Offir.ial X Yes No (Repairs, Additions) X Yes No 8uilding Permit Required? 131dg Permit Application Rcvd? Circulation: X [l,iilding X l::ngineering X Fire X Planning X Mayor & Council (M&C Decision) DepartmentComment Required by: _,T_,,B"'D"------(Date) 36 File: 7.11.3.4 1425 Nalabila Boulevard Strata Conversion. Application t------: ------· \ c ;..c - - \· ------.../ \�¾'·•· ------· ------..., z .. ' - ' - �:�\,-'. ---.-·. . ·.-- \]{\ .1 .. '.... /\\ -. s�(_ .-- \ ' \:, · ..... ;," t-..\ ___- ··.>:( }.\ ___,,...... -- . ------�'@' . ._,___. __..---, - \.. \ l-·-"l\ "·:: .. z-:·::�� /; i I t\---1�·� / "\.�ex: " \1 -- r I � .!-- � � -- t\1& I (\ '' ' i I i 0 ' --- ' , I , , / , ' ' i - - - ' - - - i '·--· -.• ---- ·--- ··- - - ·------··-- ··------•. ;' - -- - 37 File: 7.11.3.4 1425 Nalabila Boulevard, Strata Conversion Application Proposed Landscaping Note: fenced yards, refuse storage z � :'.'i '"' 5 Q. "'.:, � - w ·.,, .... . o a>, l:l vi \N :3 ��_;;,� ------··------·· ------.. ------. ------ i i i I i Ii i ; i I! 0 I I i i ; I ; i i ! I ; i i . . ' I I � '- I i . -..,. I i -:--, ___, I . ---, i I' j I ' -. I ' I I / I I ! I I I I " I ---- _\.. ' i I \ i.---·- -·-·-·- '- -- -- \---- -� __...... \ 38 File: 7.11.3.4 1425 Nalabila Boulevard, Strata Conversion Application �� bW t::: :f j� 0 o::r? ' ' 1--- ,� (, z, __ J �-er �� I� c_) ,1 <'. �,_J LLI UJ �Jt.J � I [] t t �·, I _, 2 t I � I 0 0 0 0 1--�,-- 1r-,.:,y :; "i 0 0 0 0 0 8 .).-,1 39 File: 7.11.3.4 1425 Nalabila Boulevard, Strata Conversion Application •5 :'! a i' 2- �' i �� 1111 Ii Ill )�I ---1111 I JI <( m 0 z z z 0 �() () � <( w� Gj� � l!.I w w 0 0 0 w w w (;) (;) (;) 0 0 0 Q. Q. Q. 0 0 0 QC QC QC CL CL CL <( <( <( 0 " 0 z z z 0 0 0 � =' =' ::, ::, ::, CD m m 40 .t,.� N CD en z'" -.J ------0-'"w ------�� OJ 0 CO�H.1CN C --·- / iD . --.- ~- ✓ < . : / 7 '" \ j��;'fi ./: .. _a. ,�j ., (J) '7 ' < C [ . \\ -· • ' '" _c-7 ' ·\ "'" : . . ,·_·' .. ·;�--,I �- --m._ �:�, - ., 0 1 , m ffl\ 1468.8 FT 0 . . � . ) 0 \ C d.4i\LlU I . ' TYPICAL " ":'\ • ___ . _- .. __ :, , __ _ Wk' ' "bi '_- :um, oi . . l.J· '� \ �,.·\-:,_•_ ul \ • \7.,-: s,;,m.," � "'\ ,,_ --. '_ ..• ·:-,-1 _1 15· L· ! _b(.··: ·_ :·.: .· \ '-4, " J v=i� L"" �< �� ':'° � �-. . I (r . 11d:\ 1 BUl�DNG. A. · 1 -6' : ... : '.':.Ji' ·•· ...... " . UNITS )-_IQ , •\/;JD . : : • \· , '"i5' "g ' r . � · ·su1rn1Nc: o JN1rs: 2,...:co . ' ' . ' PROPOSED· STRATA PLAN ·' :'· ·:;;;.:;_;··· ' P - �i's;·g ' .. 1 /r," · ,. @ .-\SCH C G3 B i, ·,·/�•. ' . /- 1rlH i : ' ' \_,."' 1'15 w,J81.J, 2\'LD , .. - � - ' �:llM;' "--:-:-- i ',C VB� IE'· �.:...J ,/-{ 41 COUNCIL REPORT Date: 15 April 2020 File: 7.9.3.96 la: To: Warren Waycheshen, CAO - for Mayor and Council From: Gwendolyn Sewell, Director of Community Planning & Development •KITIMAT Re: Development Variance Permit Application - 71 Starling Street A Muvd of Natur1. ,ndt nduftry Recommendation THAT a development variance permit application to construct an addition to the principal residence to within 1.4 metres of east side property line at 71 Starling Street is accepted for consideration; THAT application is referred to Advisory Planning Commission for comment; AND THAT public notice is issued. Application Property owner at 71 Starling Street has submitted an application for a development variance permit. Variance would allow a proposed addition to the principal residence to be constructed within the east side yard setback. Property is zoned R2-A Two Family Detached Residential. Kitimat Municipal Code (KMC) requires 1.8 metre side yards. Proposed structure would be 1 .4 metres from the east property line and 6.065 metres high at peak. Added height allows second floor living space. Please see attached application, site plan and renderings for more information. Development Variance Permit - Proposed Variance Property 71 Starling Street Zone R2-A Two Family Residential Item Kitimat Municipal Code Proposed Variance Height of Buildings 9 metres N/A Front Yard 4.5 metres N/A Side Yard 1.8 metres East Side: 1.4 metres Rear Yard 7.5 metres N/A Accessory Buildings and structures Within Side or Rear Yard Yard 1 metre Height 3 metres 6.065 metres 42 15 April 2020 71 Starling St DVP Application Page 2 of 7 Public Notice Notice which describes the application and invites public comment would be mailed to property owners and tenants within 30m of the property. Notice would be been posted at kitimat.ca, on municipal bulletin boards, and public handbook made available online and at the District Office. Proposed public comment period would be 21 April 2020 to noon on 5 May 2020, with opportunity to speak to Council on 4 May 2020. Advisory Planning Commission Staff recommends this application be included on next Advisory Planning Commission (APC) agenda. Current APC membership does not meet quorum. A meeting will be called when new members are recruited. Budget Implications None Dir. of Finance Initials Alternative Decisions 1. THAT the development variance permit application to reduce rear yard at 71 Starling Street be denied; or 2. Another option as developed through Council debate. Council Initiatives and Other Plans Official Community Plan (Excerpt, see attached) ' Submitfe'd by: Approved for Supm1ssion: Gwendolyn Sewell, MCIP, RPP Warren Waych71shen, CAO Director of Community Planning & Development GJS, CB Encl: Location Map, OCP Excerpts, Site Plan, Elevation, Application 43 15 April 2020 _ ?1 Starling st DVP Application Page 3 of 7 Location Map 71 STARLING ST 44 15 April 2020 71 Starling St DVP Application Page 4 of 7 OCP Excerpts Neighbourhood Identity and Character Neighbourhood 4.2.18 Reinforce neighbourhood identity through a variety of means such Identity as varied streetscape design; community gathering spaces; heritage features; safe & convenient access between neighbourhoods; and special signage, gateways and other unique urban design features. Neighbourhood 4.2.19 Gauge community support for neighbourhood design guidelines Character for strengthening the character of existing neighbourhoods. Site Plan Starling Street MH2'1 45 15 April 2020 71 Starling St DVP Application Page 5 of 7 Elevations Nots1H £U,�l\11otJ oF 71 51Al E;<1st1tl� STRuc1tH2( I\P{lf�r.,.,. ?.,,7&.v, 1--\Hil\ 12 L '-I v" ---- I .'.I)! ' 46 15 April 2020 71 Starling St DVP Application Page 6 of 7 2 A+L File: 7. PIO Nbr: ______� KITIMAT Roll Nbr: ______DEVELOPMENT & DEVELOPMENT VARIANCE PERMIT APPLICATION (Name of Applicant) o _ M C 1 _ f -'-'l\'---...c:Sc..:�-'-'A'-'-'R.=l.!.-'-\ ..J;:._c(,,_1 _"'-'-'-St R..=fil'-'"--'1� -'-IS'-'-1�-'--11'--- '-"A-'-I.__--=&..=�--"\J'-'-'l,'"" ---' ""'1(-'-l-\....,______(Mailing Address) ' apply for the following permit(s) to manage development on the property specified below. 1. Permit Type D Development Permit $700 [ZJ Development Variance Permit $350 2. Subject Property CivicAddress Jl 'S,,\RL\NCi .Sl/ZQ:1 , Kitimat, B.C., V8C l:.5L( Legal Description I � 2 ! 3�52. Lot Block Di.strict Lot RP ( 687�.,,_c Zone Property Area APP&v<, 0, Mi h<� (7'11JC ="Iti) ha Official Community Plan Designation 3. Existing Use Describe existing use and development. 5\N�L.€ FAMILY K.t'i;.\l)� t,,\C...E:. 4. Proposed Use Describe proposed use and development (attach extra pages if necessary). S1t:-1(JLC fAMlLY R£<:.1D(N CI:: Approximate project start date and completion schedule. DCN\OL \111:>N (li: t)(\ ':)\ \ ,.-l(i GA R.f\ ltt: M(lf.!..(lj1\ PR 11... 5. General Comments Reasons and comments in support of application. 1 r fXJl"))fN\i -n-it" (',:, f\N-;R ck 1\-lt;" \:>u1LD1NC, li--. to 'lf-lt E/\':,fMENt: r'\l\\ AP..F U:,(<.NclZS 1 /\ND 11-1( Ru1L.[)1r-JC, oTHff.!l,Jl\[ HAvE" A L/l,QG1; ,A✓1A.001VT cf si'l-)c1: &itTwtttJ TH[N\. ..il-K t>"TR .A :fooT of bUIL.f'>iJJG ALLo".j') foR. A Mt,ff CoMeAc, 5TA1Rtf\'S(Z DtS\C,N IN Tl-If AOD!Tl(),-..J /\No 1rlu.'> A M(,n FFf 1(1fJT u\,t of '>{>A(c. Fit�1; Cu.Ai!.D D��v->ALL cAN ol l)''S'C�llfD :N Ate wAll s f!1AT E;,,TfN,) 11'/,c 1Hr 2"" £t1SfMftJT \,.ni� �fS?fl .. IQT 71{f r/\-c.T iMT ii l,JILL BE ('.l-O',fR. Tu ft.DJ�CfNT f,ulLDtN(,. Revised: January 1, 2014 47 15 April 2020 71 Starling St DVP Application Page 7 of 7 7. Attachments The Director of Community Planning and Development may require you provide some or all of the following documents in support of your application. Please attach all documents which are checked as "required". Other information may also be requested. [ZIRequired Sketch plan of site showing the parcel(s) to be re-designated (by zoning amendment), existing building, access, services and scale. Measurements should be in metres. Preferred size is 28 cm x 43 cm (11" x 17"). D Required Technical information and reports listed below. [2J Required Copy of (1) State of Title Certificate, or (2) Certificate of Indefeasible Title, for subject property. Copies are available from the Land Title Office, and should be dated no more than thirty days prior to application date. 8. Declarations a. Property Owner Where the applicant(s) is/are not the registered property owner(s), the following statement must be signed by the registered owner(s) or the owner's(s') agent. This application is made with my/our full knowledge and consent. Name{s) Date Mailing Address (incl Postal Code) Authorized Signature(s) Phone Email Fax b. Applicant IM/e declare that statements and information submitted in support of this application are, to the best of my/our knowledge,' true and correct. ? c, 1 l, 'J<, "2:,-�S�ilafre�:;'"'c,c _j'.f0,/, '.':' Date iV\' ' Phone Email Fax FOR OFFICE USE: Yes No Application Details Attached? Fee Paid (Date) Initials of Official Yes No Yes No Building Permit Required? Bldg Permit Application Rcvd? Circulation: Building Engineering Fire Planning Department Comment Required by: (Date) Revised: January 1, 2014