District of Lantzville Agenda for the Regular Meeting of Council of the District of Lantzville to be held on Monday, November 16, 2020, at 7:00 pm in the Council Chamber, Municipal Hall, 2nd Floor, 7192 Lantzville Road, Lantzville, BC Pursuant to the June 17, 2020 Ministerial Order No. M192 [Local Government Meetings and Bylaw Process (COVID-19) Order No. 3) members of Council may participate in this meeting, utilizing electronic or other communication facilities, and public access to Council Chambers is not pel'mitted, as despite the best efforts of Council, the attendance of members of the public cannot be accommodated at this open meeting in accordance with the applicable requirements or l'ecommendations under the Public Health Act. This meeting may be viewed on the District's live-stream webcast at www.lantzville.ca. Members of the public who wish to provide input regarding agenda items prior to the meeting can submit written comments by email to [email protected]. mail 01' drop offat Municipal Hall that must be received before 12 :oo noon on the meeting day, providing thei1· name, address, agenda item number/ name, and comments, which will be shared with Council and form pal't of the public record. The District does not accept anonymous submissions (this includes emails with an email address only) so please include your name and address. You may also provide you!' public input remotely through Zoom during the Public Input on agenda items section ofthe meeting by registering in advance with the link p1'ovided on the District's website for this Council meeting event. Public input regarding personnel matters, legal action, nominated political candidates, applications for grants in aid or public hearing topics ( except during the official public hearing) will not be included or will be severed. Meetings al'e live-streamed and recorded by the District ofLantzville and may be viewed at www.lantzville.ca The public is prohibitedfrom recording Council meetings unless authorized by Council. PageNo. 1. CALL TO ORDER
2. ADOPTION OF THE AGENDA THAT the November 16, 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 recommendations listed for item 7a) to 7d) in the Consent Agenda be approved. 5-6 a) THAT the November 2, 2020 special Council meeting minutes be approved, as presented.
7-10 b) THAT the November 2, 2020 regular Council meeting minutes be approved, as presented.
11-14 c) THAT the November 9, 2020 special Council meeting minutes be approved, as presented.
15 d) Bylaw No. 225 THAT "District of Lantzville Zoning Bylaw No. 180, 2020, Amendment Bylaw (7360 Harby Rd E) No. 225, 2020" be adopted. P1 District of Lantzville November 16, 2020 Regular Council Meeting Agenda Page2 of 4 END OF CONSENT AGENDA
8. PUBUC INPlIT PERIOD (Currently suspended in person due to COVID-19) - See above on how to provide written or verbal input regarding agenda items.
9. LEGISLATIVE MATIERS (Bylaws, development variance permits, agreements, contracts, grants, budgets) a) Development Variance Permit Application for 7055 Caillet Road THAT issuance of Development Variance Permit No. DVP20-2 for 7055 Caillet Road be denied.
32-34 b) Bylaw No. 252 (to be circulated) MOTION ON THE FLOOR from November 2, 2020 regular Council meeting (Postponed to November 16, 2020 meeting) NO MOVER OR SECONDER REQUIRED THAT "District of Lantzville District of Lantzville Council Procedure Bylaw No. 141, 2020, Amendment (Meeting Schedule) Bylaw No. 252, 2020" be given first, second and third readings.
35-38 c) Bylaw No. 256 THAT "District of Lantzville 2020-2024 Financial Plan Bylaw No. 218, 2019, Amendment (Venture Road Water Main Replacement) Bylaw No. 256, 2020" be given first, second and third readings. THAT "District ofLantzville 2020-2024 Financial Plan Bylaw No. 218, 2019, Amendment (Venture Road Water Main Replacement) Bylaw No. 256, 2020" be adopted.
39-105 d) Bylaw No.243 THAT "District of Lantzville Zoning Bylaw No. 180, 2020, Amendment (7384 & 7402 Lantzville Rd & 7127 Sabrina Pl) Bylaw No. 243, 2020" be given first and second readings.
10. UNFINISHED BUSINESS 106-112 a) Leak Adjustment Request Utility Account 003-09725470-000 7319 Millard Drive THAT the request for adjustment to utility account for 7319 Millard Drive be denied.
b) Transit Services Mayor Swain's Recommendation THAT the Lantzville Regional District ofNanaimo Director (Mayor Swain) send a letter on behalf of District of Lantzville Council formally requesting 1,000 hours of transit service expansion for the Lantzville #11 bus route for consideration in 2022. THAT the Lantzville Regional District of Nanaimo Director (Mayor Swain) send a letter on behalf of District of Lantzville Council formally requesting rerouting of the Southbound #91 bus through Lantzville via Lantzville Road for consideration in 2022. P2 District of Lantzville November 16, 2020 Regular Council Meeting Agenda Page3 of4 11. COMMITIEE/COMMISSION RECOMMENDATIONS 113-114 a) October 6, 2020 Economic Development and Sustainability Committee Meeting Minutes - For Information
12. NEW BUSINESS (Reports and correspondence) a) Mayor & Councillors - Verbal Updates
115-117 b) Santa Drive By THAT the Lantzville Fire Department drive and accompany Santa on the predetermined route through the District of Lantzville on December 5, 2020, beginning and ending at the Lantzville Fire Station as referenced in the November16,202ostaffreport.
118-121 c) Enrollment in Municipal Insurance Associate Member Program and Service Provider Amending Agreement in Relation to Bylaw Enforcement Agreement Background: As with the RDN Agreements in 2018, MIA requires a new authorization for the Bylaw Enforcement Agreement Insurance Coverage THAT Council approves the Municipal Insurance Associate Member Program, Service Provider Agreement between Christina Gobeil DBA CC Canadian Enterprises and the District of Lantzville dated November 16, 2020; AND FURTHER authorizes the ChiefAdministrative Officer to execute the Agreement substantially in the form provided November 16, 2020.
d) 2021-2025 Financial Plan Amendment Councillor Wilson's Recommendation: THAT Consulting Fee Expenses (Communications), $5,000, Funded from Property Taxation, be added to the 2021- 2025 Financial Plan.
122-126 e) Councillor Savage's Recommendations: Clark Medd Development Public Land Dedication Whereas page 122 of Lantzville's Official Community Plan, has a target of "30% public parks and dedicated riparian areas"; be it resolved; THAT the 4.94 acre (2 hectare) dedicated public land in the Clark Medd development, which staff stated is intended for "a public works yard and building, as well as other Municipal facilities", be dedicated as public parkland. Proposed Council Procedure Bylaw No. 141 Amendment THAT the District of Lantzville Council Procedure Bylaw No 141 be amended by inserting the following after section 15.1.f "g. record the names of those members opposed to a motion."
P3 District of Lantzville November 16, 2020 Regular Council Meeting Agenda Page 4 of 4
Estimate of Police Cost Increase When 5,000 Population THAT staff meet with the appropriate provincial representatives to determine Lantzville's policing requirements at population 5000, including the number of constables required by the province, and based on this, staff give an estimate of the police cost increase when Lantzville reaches population 5000.
13. INfRODUCTION OF LATE ITEMS (In accordance with Council Procedure Bylaw No. 141, 2020, subsection 18(8) for regular agenda)
14. INfRODUCTION OF "NOTICE OF MOTION"
15. PUBLIC CLARIFICATION - (Currently suspended due to COVID-19. Email any questions to [email protected] following the meeting.)
16. ADJOURNMENf BYMAYOR
NEXT SCHEDULED COUNCIL MEETINGS:
Special, Wednesday, November 18, 2020@ 1:00 pm Special, Monday, November 23, 2020@ 6:oo pm Regular, Monday, December 7, 2020@ 7:00 pm Special, Monday, December 14, 2020 @ 6:oo pm
P4 DRAFI' Minutes of the Special Council Meeting of Council ofthe District of Lantzville held on Monday, November 2, 2020, at 6:oo 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 (CAO) Trudy Coates, Director of Corporate Administration Nelda Richardson, Deputy Director of Corporate Administration *Participated by phone
CALL TO ORDER The Mayor called the meeting to order at 6:01 pm and acknowledged that the meeting was being held on the traditional territory of the Snaw-Naw-As, the Nanoose First Nation.
ADOPTIONOFTHEAGENDA MOVED and SECONDED, THAT the November 2, 2020 special Council meeting agenda be adopted, as presented. CARRIED UNANIMOUSLY
MOTION TO CLOSE THE MEETING TO THE PUBLIC MOVED and SECONDED, THAT Council closes the meeting to the public, pursuant to sections 90(1) (a), (d), (g), and (i) of the Community Charter, for the purpose of considering: • personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality; • the security of the property of the municipality; • litigation or potential litigation affecting the municipality; and • the receipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED UNANIMOUSLY
MEETING CLOSED TO THE PUBLIC: 6:02 pm
MEETING REOPENED - CLOSED TO THE PUBLIC DUE TO COVID-19 AT: 6:55 pm with Mayor Swain and Councillors Geselbracht, Proctor, Savage* and Wilson present. Also, CAO Campbell, Director Coates, and Deputy Director Richardson.
ADJOURNMENT MOVED and SECONDED, THAT the meeting be adjourned. CARRIED UNANIMOUSLY
P5 District of Lantzville November 2, 2020 Special Council Meeting Minutes - DRAFT Page2 of2
MEETING ADJOURNED AT: 6:54 pm Certified Correct:
Trudy Coates, Director of Corporate Administration Confirmed this day of , 2020.
Mark Swain, Mayor
P6 DRAFI'
Minutes of the Regular Meeting of Council of the District of Lantzville held on Monday, November 2, 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 (CAO) Trudy Coates, Director of Corporate Administration Jamie Slater, Director of Financial Senrices Kyle Young, Director of Planning Nelda Richardson, Deputy Director of Corporate Administration *Participated by phone CALL TO ORDER The Mayor called the meeting to order at 7:02 pm and acknowledged that the meeting was being held on the traditional territory of the Snaw-Naw-As, the Nanoose First Nation. ADOPfION OF THE AGENDA MOVED and SECONDED, THAT the November 2, 2020 regular Council meeting agenda be adopted, as amended with the additional information circulated for item 9. b) Bylaw No. 252 as corrected, and for item 8. Public Input about item 10. a) Official Community Plan, and an emergency motion prepared by Councillor Geselbracht to follow item 7. t) of the Consent Agenda and before item 8. Public Input Period. CARRIED CONSENT AGENDA Council removed agenda items 7e) Bylaw No. 224 and 70 Bylaw No. 229 from the Consent Agenda.
C20-179 MOVED and SECONDED, THAT the recommendations listed for items 7a) to 7d) in the Consent Agenda be approved. CARRIED UNANIMOUSLY a) THAT the October 19, 2020 sp~cial Council meeting minutes be approved, as presented. CARRIED by Consent b) THAT the October 19, 2020 regular Council meeting minutes be approved, as presented. CARRIED by Consent c) THAT the October 26, 2020 special Council meeting minutes be approved, as presented. CARRIED by Consent d) Lantzville Council Strategic Priorities/Objectives Worksheet Quarterly Status Report as at September 30, 2020 - For Information. CARRIED by Consent END OF CONSENT AGENDA
e) Bylaw No. 224 C20-180 MOVED and SECONDED, THAT "District of Lantzville Official Community Plan Bylaw No. 150, 2019, Amendment (Clark/Medd) Bylaw No. 224, 2020" be adopted. CARRIED
P7 District of Lantzville November 2, 2020 Regular Council Meeting Minutes - DRAFT Page2 of4
f) Bylaw No. 229 C20-181 MOVED and SECONDED, THAT "District of Lantzville Zoning Bylaw No. 180, 2020, Amendment (Clark/Medd) Bylaw No. 229, 2020" be adopted. CARRIED EMERGENCY MOTION C20-182 MOVED and SECONDED, THAT Staff prepare a letter to be distributed by mail to all residents setting out: 1. How current development proposal for the Clark/Medd subdivision meets all criteria set out in the District's Official Community Plan; and 2. How the above proposal also meets Council's strategic priorities including diversity of housing, water connections to unserviced areas of the District, and infrastructure (including Fireball, public works yard, etc.); and 3. What amenities are provided by the developer of the above proposal and how they also meet the above Council strategic priorities; AND FURTHER THAT staff prepare the letter to be reviewed by Council at the next Council meeting, before sending out the letter. CARRIED
PUBLIC INPlIT PERIOD - (Suspended in person due to COVID-19) Eight written comments were received and one member of the public registered via Zoom Webinar and provided public input on item 10. a) Official Community Plan Amendment.
LEGISLATIVE MA'ITERS (Bylaws, development variance permits, agreements, contracts, grants, budgets)
1. Bylaw No. 244 C20-183 MOVED and SECONDED, THAT Council agrees to the inclusion of the following community amenity contributions in the covenant to be registered on title prior to adoption of "District of Lantzville Zoning Bylaw No. 180, 2020, Amendment (6953 Dickinson Road) Bylaw No. 244, 2020": 1) construction of a concrete gutter and raised curb on the north side of the road and raised median island for the entire Dickinson Road frontage of 6953 Dickinson Road, and 2) installation of peripheral transverse bars for the entire Dickinson Road frontage of 6953 Dickinson Road. CARRIED UNANIMOUSLY
2. Bylaw No. 252 MOVED and SECONDED, THAT "District of Lantzville Council Procedure Bylaw No. 141, 2020, Amendment (Meeting Schedule) Bylaw No. 252, 2020" be given first, second and third readings. MOVED and SECONDED, THAT the motion on the floor be postponed to the November 16, 2020 regular Council meeting. CARRIED UNANIMOUSLY 3. Bylaw No. 253 C20-185 MOVED and SECONDED, THAT "District of Lantzville Miscellaneous Fees and Charges Bylaw No. 26, 2004, Amendment Bylaw No. 253, 2020" be given first, second and third readings. CARRIED UNANIMOUSLY PS District of Lantzville November 2, 2020 Regular Council Meeting Minutes - DRAFT Page3 of4
C20-186 MOVED and SECONDED, THAT "District of Lantzville Miscellaneous Fees and Charges Bylaw No. 26, 2004, Amendment Bylaw No. 253, 2020" be adopted. CARRIED UNANIMOUSLY
UNFINISHED BUSINESS 1. Official Community Plan Amendment MOTION ON THE FLOOR from September 14, 2020 regular Council meeting [Postponed at the October 5, 2020 regular Council meeting] NO MOVER OR SECONDER REQUIRED THAT an Official Community Plan amendment be initiated to replace the density number in the Official Community Plan with the actual density numbers identified in the 2017 community-wide survey. C20-187 MOVED and SECONDED, THAT the motion on the floor be postponed to the December 7, 2020 Council meeting. CARRIED 3. Huddlestone Park Booking Fee C20-188 MOVED and SECONDED, THAT a bylaw be brought forward for Council consideration to amend the Miscellaneous Fees and Charges Bylaw to establish a $20 fee for booking Huddlestone Park for private special events. CARRIED 4. Code of Conduct C20-189 MOVED and SECONDED, THAT the Code of Conduct be postponed to a special Council meeting to be held on Monday, December 14, 2020 at 6:oo pm. CARRIED UNANIMOUSLY 5. Draft Council Confidentiality and Conflict Policy C20-190 MOVED and SECONDED, THAT the Draft Council Confidentiality and Conflict Policy be postponed to the special Council meeting to be held on December 14, 2020. CARRIED UNANIMOUSLY
6. Public Art Instalment for 7221 Lantzville Road Right of Way C20-191 MOVED and SECONDED, THAT the Economic Development and Sustainability Committee provide a report on a potential Public Art Instalment to be located in the Road Right of Way (site of abandoned garden) at 7221 Lantzville Road, including funding options. CARRIED UNANIMOUSLY 7. George Cuff, George B Cuff & Associates Ltd. - An Update on the Council's Mandate, Leadership & Good Governance C20-192 MOVED and SECONDED, THAT Council adopt the George Cuff report in principle as attached to the November 2, 2020 regular Council agenda. CARRIED UNANIMOUSLY . 8. Beach Road Accesses Engagement and Design Process C20-193 MOVED and SECONDED, THAT the proposed beach accesses planning, engagement and design process outlined in the November 2, 2020 staff report be approved. CARRIED
pg District of Lantzville November 2, 2020 Regular Council Meeting Minutes - DRAFT Page4 of 4 COMMITIEE/COMMISSION RECOMMENDATIONS 1. June 2, 2020 Economic Development and Sustainability Committee Meeting Minutes - For Information
NEW BUSINESS 1. Mayor & Councillors - Verbal Updates • Councillor Savage commented on Halloween. • Mayor Swain commented on attending the October 15, 2020 Regional District of Nanaimo and City of Nanaimo District 68 Sports Field and Recreation Committee meeting, the status of the five-year user survey and the District 68 Sports Field & Recreation Services agreement.
There was insufficient support of the call for unanimous consent for the meeting to proceed beyond 9:30 pm to finish the agenda.
2. Council Committee & District Representatives Appointments C20-194 MOVED and SECONDED, THAT pursuant to the Library Act, Council appoints Councillor Karen Proctor as the District of Lantzville representative to serve on the Vancouver Island Regional Library Board of Trustees for a term ending December 31, 2021. CARRIED
C20-195 MOVED and SECONDED, THAT pursuant to the Library Act, Council appoints Councillor Jamie Wilson as the District of Lantzville alternate representative to serve on the Vancouver Island Regional Library Board of Trustees for a term ending December 31, 2021. CARRIED UNANIMOUSLY
ADJOURNMENT MOVED and SECONDED, THAT the meeting be adjourned. CARRIED UNANIMOUSLY
MEETING ADJOURNED: 9:30 pm
Certified Correct:
Trudy Coates, Director of Corporate Administration
Confirmed this dayof , 2020.
Mark Swain, Mayor
P10 DRAFI' Minutes of the Special Meeting of Council of the District of Lantzville held on Monday, November 9, 2020, at 6:oo 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 (CAO) Trudy Coates, Director of Corporate Administration Fred Spears, Director of Public Works* Jamie Slater, Director of Financial Services Kyle Young, Director of Planning* Nelda Richardson, Deputy Director of Corporate Administration Neil Rukus, Fire Chief* *Participated electronically CALL TO ORDER The Mayor called the meeting to order at 6:02 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 November 9, 2020 special Council meeting agenda be adopted, including additional information circulated for agenda item 4. c) 2021-2025 Five Year Financial Plan. CARRIED UNANIMOUSLY
PUBLIC INPUT PERIOD - (Suspended in person due to COVID-19) No written comments were received, and no members of the public chose to register to provide verbal public input via Zoom Webinar.
LEGISLATIVE MATIERS (Bylaws, development variance permits, agreements, contracts, grants, budgets)
1. Early Approval for Venture Road Water Main Replacement C20-196 MOVED and SECONDED, THAT Council approves work to commence on the Venture Road water main replacement in 2020 with a project budget of $175,000; AND FURTHER THAT staff bring forward a 2020-2024 Financial Plan Amendment to include the Venture Road water main replacement project in 2020 with a project budget of $175,000, with funding from the Waterworks Reserve; AND FURTHER THAT staff remove the Venture Road water main replacement project from the draft 2021-2025 Financial Plan, with a project budget of $175,000, with funding from the Waterworks Reserve. CARRIED UNANIMOUSLY
P11 District of Lantzvi]]e November 9, 2020 Special Council Meeting Minutes - DRAFT Page2 of 4 2. Economic Development and Sustainability Committee November 2, 2019 Meeting Recommendations C20-197 MOVED and SECONDED, THAT the remaining Special Project Budget of $2,500* for objective lA. Small-scale Beautification Projects to support village core revitalization be carried forward to 2021. CARRIED
C20-198 MOVED and SECONDED, THAT the following Economic Development and Sustainability Committee recommendations, in priority order, be considered for the 2021-2025 Financial Plan: Priority Description Budget Funding Source 1 Small Scale Beautification Projects $2,500* District 2020 Financial Plan (*=duplicate) Carry Forward 2 Supporting the creation of the Lantzville NIL NA Business Association
3 Shop Local Campaign NIL NA CARRIED
3. 2021-2025 Five Year Financial Plan a) Potential 2021-2025 Financial Plan Amendments to Reduce the 2021 Property Taxation Rate The Director of Financial Services gave a PowerPoint presentation on debt financing options, asset management, and next steps. Staff spoke to the 2021- 2025 Five Year Financial Plan, the presentation, agenda items, and responded to questions of Council.
b) MOTION ON THE FLOOR referred October 26, 2020 NO MOVER OR SECONDER REQUIRED MOVED and SECONDED, THAT Council removes the Public Works Vehicle Reserve Fund contribution of $43,500 from 2021 and moves it to 2022 in the Financial Plan. DEFEATED
c) Motions to Amend the 2021-2025 Financial Plan MOVED and SECONDED, THAT the hiring of a Deputy Finance Director be postponed indefinitely. DEFEATED
C20-199 MOVED and SECONDED, THAT Item 1 Change Funding Source to Grant Income for items in the 2021 budget now funded by COVID Recovery Funds (Includes $30,000 of Finance Deputy Position), from the 'Potential Financial Plan Adjustments to Reduce 2021 Property Taxation' report be adjusted in the 2021- 2025 Financial Plan as shown in the November 9, 2020 staff report. CARRIED
P12 District of Lantzville November 9, 2020 Special Council Meeting Minutes - DRAFT Page3 of4
C20-200 MOVED and SECONDED, THAT Item 2 Cut Contributions to the Administrative Equipment Reserve due to new COVID Recovery Funding, from the 'Potential Financial Plan Adjustments to Reduce 2021 Property Taxation' report be adjusted in the 2021-2025 Financial Plan as shown in the November 9, 2020 staff report. CARRIED UNANIMOUSLY MOVED and SECONDED, THAT the Deputy Director of Financial Services position be hired on a temporary basis. DEFEATED
C20-201 MOVED and SECONDED, THAT Item 4 Insurance Deductible Budget, eliminating $5,000 for one deductible, from the 'Potential Financial Plan Adjustments to Reduce 2021 Property Taxation' report be adjusted in the 2021- 2025 Financial Plan as shown in the November 9, 2020 staff report. CARRIED UNANIMOUSLY
C20-202 MOVED and SECONDED, THAT Item 5 Equipment Financing - Fire Truck and Public Works Equipment, from the 'Potential Financial Plan Adjustments to Reduce 2021 Property Taxation' report be adjusted in the 2021-2025 Financial Plan as shown in the November 9, 2020 staff report. CARRIED UNANIMOUSLY
C20-203 MOVED and SECONDED, THAT Item 7 Reduce Roads Fund Reserve Contributions - Delay Roads Projects (No Borrowing), from the 'Potential Financial Plan Adjustments to Reduce 2021 Property Taxation' report be adjusted in the 2021-2025 Financial Plan as shown in the November 9, 2020 staff report. CARRIED UNANIMOUSLY Mayor Swain recessed the meeting at 8:03 pm. Mayor Swain reconvened the meeting at 8:10 pm with Councillors Geselbracht, Proctor*, Savage and Wilson in attendance. Also, R. Campbell, T. Coates, J. Slater, F. Spears*, N. Rukus*, K. Young*, andN. Richardson. *Participated electronically
C20-204 MOVED and SECONDED, THAT Item 8 Community Use Building A (Costin Hall) Reserve Fund Contribution be removed from the 'Potential Financial Plan Adjustments to Reduce 2021 Property Taxation' report be adjusted in the 2021-2025 Financial Plan as shown in the November 9, 2020 staff report. CARRIED
C20-205 MOVED and SECONDED, THAT Item 9 Community Use Building B (former church) - Reserve Fund Contribution, from the 'Potential Financial Plan Adjustments to Reduce 2021 Property Taxation' report be adjusted in the 2021-2025 Financial Plan as shown in the November 9, 2020 staff report. CARRIED ·
MOVED and SECONDED, THAT Item 10 Municipal Hall - Reserve Fund Contribution, from the 'Potential Financial Plan Adjustments to Reduce 2021 Property Taxation' report be adjusted in the 2021-2025 Financial Plan as shown in the November 9, 2020 staff report and as amended with no reserve fund contribution to be made. DEFEATED
P13 District of Lantzville November 9, 2020 Special Council Meeting Minutes - DRAFT Page4 of 4
C20-206 MOVED and SECONDED, THAT Item 11 Change the Funding Source for Council Chambers Black Out Blinds, from the 'Potential Financial Plan Adjustments to Reduce 2021 Property Taxation' report be adjusted in the 2021-2025 Financial Plan as shown in the November 9, 2020 staff report. CARRIED UNANIMOUSLY
The Director of Financial Services responded to Council questions and will provide an estimate of anticipated surplus for 2020, at the next Financial Planning meeting.
MOVED and SECONDED, THAT for the 2021 Financial Plan, $2,000 be provided to conduct a financial analysis including a net tax income chart, for each development proposal. DEFEATED
MOVED and SECONDED, THAT Item 13 Consulting Fees for Beach Road Ends (VIU), from the 'Potential Financial Plan Adjustments to Reduce 2021 Property Taxation' report be adjusted in the 2021-2025 Financial Plan as shown in the November 9, 2020 staff report. DEFEATED
MOVED and SECONDED, THAT Item 3 Contributions to Property Acquisition Fund Reserve (Requires Bylaw Amendment) from the 'Potential Financial Plan Adjustments to Reduce 2021 Property Taxation' report be adjusted in the 2021-2025 Financial Plan as shown in the November 9, 2020 staff report. DEFEATED
ADJOURNMENT BY MAYOR Mayor Swain adjourned the meeting.
MEETING ADJOURNED: 8:55 pm
Certified Correct:
Trudy Coates, Director of Corporate Administration
Confirmed this day of , 2020.
Mark Swain, Mayor
P14 DISTRICT OF LANTZVILLE BYLAW NO. 225, 2020
A BYLAW TO AMEND DISTRICT OF LANTZVILLE ZONING BYLAW NO. 180, 2020
NOW THEREFORE the Municipal Council of the District of Lantzville in open meeting assembled enacts as follows:
1. This bylaw may be cited for all purposes as the "District of Lantzville Zoning Bylaw No. 180, 2020, Amendment Bylaw (7360 Harby Rd E) No. 225, 2020".
2. Schedule 'A' of District of Lantzville Zoning Bylaw No. 180, 2020 is hereby amended by re classifying the land legally described as
"LOT 2, DISTRICT LOT 54, NANOOSE DISTRICT, PLAN 24067"
from "Residential I Zone (Rl)" to "Residential 3 Zone (R3)".
READ A FffiST TIME this 25th day of May, 2020. READ A SECOND TIME this 25th day of May, 2020. PUBLIC HEARING HELD this 9th day of September, 2020. READ A THIRD TIME this 9th day of September, 2020. APPROVED BY THE MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE this 8th day of October, 2020. ADOPTED this_ day of_, 2020.
Mark Swain, Mayor Trudy Coates, Director of Corporate Administration
P15 District of Lantzville REPORT TO CHIEF ADMINISTRATIVE OFFICER
Meeting Date: November 16, 2020
SUBJECT: Development Variance Permit Application for 7055 Caillet Road
PURPOSE
To consider a Development Variance Permit application to waive required frontage improvements for a proposed 4-parcel conventional subdivision.
RECOMMENDATION
THAT issuance of Development Variance Permit No. DVP20-2 for 7055 Caillet Road be denied.
COMMITTEE RECOMMENDATION
N/A
ALTERNATIVES AND IMPLICATIONS
1. THAT Development Variance Permit No. DVP20-2 be issued to Scott and Erin Allen for 7055 Caillet Road.
This section of Caillet Road would continue not to have a sidewalk and would not meet the Urban Local Road standard in the Subdivision and Development Works and Services Bylaw.
2. THAT Development Variance Permit No. DVP20-2 be amended by ___
AND FURTHER THAT Development Variance Permit No. DVP20-2, as amended, be issued to Scott and Erin Allen for 7055 Caillet Road.
There are four key features of the variance request: street trees, concrete curb/gutter, concrete sidewalk, and a parking lane (asphalt infill). Council could approve one or more items but not the other(s).
BACKGROUND/RELEVANT HISTORY
The subject property is located at 7055 Caillet Road and is zoned Future Study Area (F-SA) (see ATTACHMENTS 1-3). The property contains a number of mature trees, the Blood's Creek corridor, and a house. Site photos of the streetscape are included as ATTACHMENT 4.
The owner/developer applied for and received a Preliminary Subdivision Review (PSR) in March 2020 for a proposed 4-parcel conventional subdivision (see ATTACHMENT 5). In accordance with the Subdivision and Development Works and Services Bylaw, the PSR requires that the Caillet Road
P16 District of Lantzville November 3 2020, Council Agenda Item - Development Variance Permit Application for 7055 Caillet Road Page2of3 frontage of the subject property (,v94 m/308 ft), up to the centerline of the road right-of-way, be · upgraded to the urban local road standard in the bylaw as a condition of subdivision approval.
Proposal
The owner/developer has applied for a Development Variance Permit and is seeking Council's approval to waive the following components of the urban local road standard (see ATTACHMENT 7):
Boulevard with street trees - Concrete curb and gutter 1.5 m wide concrete sidewalk - 2.5 m wide asphalt parking lane (asphalt infill)
ATTACHMENTS
1. Location Map 2. Air Photo 3. Zoning Map 4. Site Photos 5. Proposed Plan of Subdivision 6. Urban Local Road Standard 7. Application Submission 8. Development Variance Permit
ANALYSIS/RATIONALE
Variance
The proposed Development Variance Permit is included as ATTACHMENT 8. Staff do not support the variance for the following reasons:
1. There are no physical constraints of the land that would prevent constructing the frontage improvements to the bylaw standard. 2. The subject property is close to the Village Core, where walking is expected to be a viable way to travel to services and amenities. 3. The variance is contrary to Council's Strategic Objectives: 5.4 trail connectivity/ develop pedestrian walkways throughout Lantzville, Milestone: "Require construction of trails and pathways for approved subdivision". 4. The variance is contrary to the objectives of the Official Community Plan, including enhancing pedestrian connections and reducing greenhouse gas emissions (GHGs). Transportation is the largest contributor of GHG emissions in Lantzville (82.1%). By beginning to create a network of safe pedestrian connections, walking will become a more viable alternative to private vehicle use, which will lower per capita GHG emissions. The Municipality's objective, as identified in the OCP, is to reduce GHG emissions by 85% by 2050 from 2007 levels.
1. Strategic Plan Obiectives
As noted, in staff's view, the variance is contrary to Council's Strategic Objectives. P17 District of Lantzville November 3 2020, Council Agenda Item - Development Variance Permit Application for 7055 Caillet Road Page 3 of3
2. Policy
As noted, in staff's view, the variance is contrary to OCP.
3. Resource Implications
There are no resource implications of the recommendation.
4. Financial/Budget Implications
There are no financial/budget 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. Notification
Neighbouring owners and occupiers within 60 m of the subject property have been notified of the proposed Development Variance Permit and have been provided with an opportunity to provide written comments to the Municipality.
Prepared By: Approved for Submission to Council:
Date: November 4, 2020 Date:
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 \ Ill Agenda Item # Regular November?,2020 Closed (In-Camera) Committee of the Whole
File: 3090-20-20-2 Location: T:\DISTRICT OF LAN1ZVILLE\Reports to Council\2020\2020 1116 Development Variance Permit Application for 7055 Caillet Road.docx
P18 ATTACHMENT #1
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District of Lantzville SUPPLEMENTAL STANDARD Engineering Specifications DETAIL DRAWINGS
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Schedule 'A' to Subdivision and Development Works and Services Bylaw No. 175, 2020 District of Lantzville P24 ATTACHMENT #7
To: District of Lantzville
We have been issued a Preliminary Subdivision Review (PSR) (File 3320-20-20-1) and associated Development Permit for a 4 lot (3 new parcels) subdivision located at 7055 Caillet Rd. We are requesting a variance to the requirements regarding the road works as outlined in the PSR.
Modification to Road Works
Our Preliminary Subdivision Review (PSR) (File 3320-20-20-1) outlines the following requirements regarding road works.
ROADS AND ACCESS
Requirements as Outlined in PSR :
1O . Caillet Road is classified as an "urban local road" and must be designed and constructed in accordance with Standard UL1 of Bylaw No. 175 up the centerline of Caillet Road, including asphalt infill for a parking lane, concrete gutter and mountable curb, street trees, street lighting, and concrete sidewalk, as a condition of SUBDIVISION APPROVAL. Street tree species and spacing must be approved by the Director of Public Works. Street lighting must be in accordance with Municipal lighting design criteria and dark sky lighting principles.
Lantzville has subsequently indicated that street lighting is no longer a requirement as lighting exists on Cail/et Road.
Form and Character - Comments:
• The road works required under our PSR are similar to those proposed for the southern portion of Lantzville Road although Caillet Road is a quieter residential area with less traffic volume. • Local residents and neighbours have indicated that the requirements requested - specifically the increased paved width for street parking, boulevard with Japanese Maple trees, and sidewalk - would significantly impact the "Form and Character" of Caillet Road. (see attached Urban Local Road UL1 - Bylaw No. 175} • Residents have indicated that pedestrians will not likely utilize the sidewalk as it is to be located well off the current street and that they enjoy the current local road feel. • Neighbours have expressed concern that the increased paved width will encourage on-street parking. • Residents also questioned the likelihood of the remainder of the road undergoing the same improvements as most remaining lots are single family residential with minimal development potential. Concerns are that only this small portion of Caillet Road (on one Lantzville Road (South) Streetscape side) would be developed in this manner and would remain like this Improvements for the foreseeable future. Bylaw 175-2020 Appendix 1 of • Questions have also arisen regarding the costs to complete road Schedule A Lantzvi/le Road works for the remainder of Caillet Road and if the District of Streetscape Improvements Lantzville would bear these costs and that of future maintenance. • To date we have found no residents or neighbours in support of the requested road improvements.
Scott Allen MSc PMP 250 714-3035 1 P25 Requested Road Improvements (Similar Example) Increased paved width for parking, curb, boulevard with Japanese Maple trees and sidewalk. Example: Sarum Rise Way- Hawthorne Area, Nanaimo
Small Scale Development Viability - Comments:
• The current cost estimate to meet all the requirements set out in the existing PSR as well as associated District fees to establish the 3 proposed new lots is $655,000.
This consists of the following: (Supporting cost details available upon request)
o Servicing and Road Works $185,000 o District fees (DCCs, water etc.) $80,000 o Site Specific Costs (Site Prep. Engineering, Surveying, Assessments, Demo etc.) $130,000 o Required Land transfers to Lantzville (37% of parcel. Ecological Protection, Pathway) $210,000 o 5% Park dedication to Lantzville (cash-in-lieu) $37,000-50,000
Although through our independent professional engineers, biologists, surveyors and planners, we have provided alternatives to exceed the ecological protection and park dedication requirements while reducing the cost burden, district staff have declined to consider these options. The overall requested land transfer and cash-in-lieu dedication totals approximately 42% of the parcel area. (See attached site diagram - Schedule 1 Proposed Plan of Subdivision) • The required land transfers also have an impact on lot valuations. Under the proposed Plan of Subdivision in the PSR, the original proposed lots have been reduced in size by approximately 37%. The reduction in lot size reduces the value, the decrease is considered significant and material. The walkway dedication, although beneficial to the community, has been determined to have a minor negative impact on the value of the immediately adjacent parcel.
This information is submitted to provide context for the cumulative costs associated with this small-scale development and how the selected conditions in the PSR have a very real impact on project viability.
Scott Allen MSc PMP 250 714-3035 ? P26 Road Improvement Proposal
In order to maintain the "Form and Character"of Caillet Road while also providing improvement and, to lessen the cost burden slightly, we are proposing the following road works.
1. Remove trees in District road right-of-way 2. Remove invasive plants in District road right-of-way 3. Install underground storm drainage system and required services for new lots. 4. Repave existing width of road to centerline 5. Grade District right-of-way and plant grass to complement and be consistent with the adjacent properties on the street. (See photos)
The proposed lot sizes are large and will accommodate off-street parking for residences and any associated suites or carriage houses as outlined in the OCP.
Variance Request:
Maintain the existing width of camet Road and not install: • Paved parking lane • Concrete mountable curb • Boulevard with Japanese maple trees • Concrete sidewalk. The costs associated with these specific road works are currently estimated at $54,000.
Although most of the other servicing and road improvement costs mentioned previously will still be required, a reduction in these costs would have a significant positive impact on the viability of the project.
Summary
We ask the District of Lantzville to consider the impact the road improvements may have on the "Form and Character" of the Caillet Road neighbourhood and the practicality of constructing these road improvements on one localized section of the road. In addition, we ask that the cumulative costs associated with the requirements set forth in our PSR are considered with respect to the small scale of the project (3 new lots).
We support all required streamside and environmental protection as per regulations and recommendations by professionals. We also encourage low impact development to maintain and enhance both the natural environment and the form and character of the neighborhood. In addition, it is important to us to provide a contribution to the community in which we live.
Lantzville has requested a large portion of the property be transferred to the municipality without provision of credit or accommodation for the lands transferred. Although we maintain that these lands could be credited towards our 5% park dedication (for biodiversity and connectivity of natural areas) or, be protected appropriately without transfer, we have agreed to provide the land as we recognize and support the benefit for our community. All conditions of the PSR are however interrelated and therefore influence viability.
With this variance request we would still be meeting the vast majority of the requirements set out in our PSR and we believe the project would provide a small but enduring benefit for Lantzville residents.
We thank you for your consideration. Scott Allen
Scott Allen MSc PMP 250 714-3035
':) P27 SCHEDULE 1 Proposed Plan of Subd,vision
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Urban Local Road 2019 l7ll ___ .._____ ···•·-····--·· ~ P29 ATTACHMENT #8
DEVELOPMENT VARIANCE PERMIT NO. DVP20-2
Permit: 3090-20-DVP20-2
Registered Owner: Scott & Erin Allen
Applicant: Scott & Erin Allen
Subject Property: 7055 Caillet Road
Legal Description: LOT 7, DISTRICT LOT 37, WELLINGTON DISTRICT, PLAN 18898
PID: 003-809-749
Folio: 350-08145.130
Proposal: 4-Parcel Conventional Subdivision
CONDITIONS OF PERMIT:
General
1. This permit applies to the Land described above and any buildings, structures or other development on the Land.
2. This permit is issued subject to compliance with all relevant District of Lantzville bylaws, except as otherwise varied or supplemented by this permit.
3. This permit varies Sections 3.13, 3.18, and 2.7.1 of Subdivision and Development Works and Services Bylaw No. 175, 2020, by waiving the requirement to install a boulevard with street trees and construct concrete mountable curb and gutter, a 1.5 m wide concrete sidewalk, and a 2.5 m wide asphalt parking lane along the full Caillet Road frontage of the Land as a condition of subdivision approval.
4. This permit does not exempt the owner from obtaining all other federal, provincial and District approvals required to develop the Land. This permit does not constitute subdivision approval or a building permit.
5. The Land must be developed strictly in accordance with this permit.
6. This permit is valid for a period of 2 years from the date of issuance, after which the permit expires.
Authorized Development
7. Authorized development is limited to subdivision of the land.
November 16, 2020 ll P age
P30 Scott & Eric Allen Development Variance Permit No. DVP20-2
Date of Development Permit Issuance / Expiry
8. This permit was approved and issued by Council on November 16, 2020.
9. This permit expires on November 16, 2022.
November 16, 2020 21Page
P31 ------Redistributed November 16, 2020 from the District of Iantzville November 2, 2020 regular Council meeting
REPORT TO CHIBF ADMINISTRATIVE OFFICER
Meeting Date: November 2, 2020 SUBJECT: Council Procedure Bylaw Amendment Bylaw No. 252, 2020
PURPOSE To amend the Council Procedure Bylaw for the new Council meeting schedule, changing the regular meetings to Wednesdays at 6:oo pm, plus the inaugural meeting to a Wednesday, and correcting two housekeeping items. Housekeeping items include clarifying that Council member participation electronically or by other communication facilities is not intended for the portion of Council meetings that are Closed to the public, and correcting, to be consistent, the second reference to the vote required (affirmative) for considering a motion when Notice of Motion is given.
RECOMMENDATION THAT "District of Lantzville Council Procedure Bylaw No. 141, 2020, Amendment (Meeting Schedule) Bylaw No. 252, 2020" be given first, second and third readings.
COMMITfEE/COMMISSION RECOMMENDATION - N/A
ALTERNATIVES AND IMPLICATIONS 1. Take no action. Implications: Bylaw will not be amended and regular Council meeting date and time would remain as Mondays at 7:00 pm, and a new schedule for 2021 Council meetings would need to be approved, i.e. 2021 meetings would not be held on Wednesdays at 6:oo pm. Also, housekeeping items would not be corrected. 2. Other action, as instructed by Council.
BACKGROUND/RELEVANT HISTORY The Community Charter ( CC) requires Council to establish, by bylaw, the general procedures to be followed by Council and Council committees in conducting their business. It details the matters that must be dealt with in the Procedure Bylaw, including: • establish rules of procedure for council meeting, including the manner by which resolutions may be passed, and the manner by which bylaws may be adopted, and establish rules of procedure for council committee meetings • provide for the taking and certifying of minutes of council and committee meetings • establish procedures for giving advance public notice of council committee meetings • identify postings places for public notices issued by the municipality • establish the procedure for designating a council member as the acting mayor; and • establish the day, within the first ten days of December, for the first regular council meeting following a general local election. The CC also requires giving notice in accordance with CC section 94 [public notice] describing the proposed changes in general terms, before amending, or repealing and substituting a Procedure Bylaw.
Section (s.) 127 of the CC requires that a schedule of the date, time and place of all regular Council meetings to be held during the year, be prepared and made available to the public. The P32 District of Lantzville November 2, 2020, Regular Council Agenda- Council Procedure Bylaw No.141, 2020, Amendment (Meeting Schedule) Bylaw No. 252, 2020 Page2of3 CC also requires publishing a statutocy notice (newspaper and on the District's bulletin board) at least once per year of the availability of the schedule. We also publish the notice on the District's website. When developing the Council Procedure Bylaw No. 141, 2020, the Committee of the Whole passed a motion November 20, 2019, to amend the draft bylaw ins. 18(6)(b) by striking "unanimous" and inserting "affirmative" which changed the vote required for considering a motion when Notice of Motion is given. However, it did not change the second reference to such a vote in s. 23(1) which continued to require a "unanimous" vote. Council Procedure Bylaw No. 141, 2020, currently provides that: • the inaugural meeting of Council will be held the first Monday in November in the year of the election; • Council must, by resolution, establish annually a schedule whereby regular Council meetings, o are held on two Mondays of each month (except in December when one meeting will be held and no regular meetings in August), except where Council has established a different day; o are called to order at 7:00 pm and adjourn by 9:30 pm unless there is unanimous consent to proceed beyond that time • to consider a motion at the same meeting when Notice of Motion is given, an affirmative vote is required [per s 18(6)(b)] and a unanimous vote is required [per s. 23(1)]. The CC provides the authority to conduct special council meetings electronically, and to allow council and committee members to participate electronically in council and council committee meetings, as the case may be, if specific rules of procedure are established in the procedure bylaw.
The current procedure bylaw, District of Lantzville Council Procedure Bylaw No. 141, was adopted in March 2020, and amended in April 2020 primarily for electronic meetings. However, the current Council Procedure Bylaw lacks clarity that the Closed portion of a Council meeting is not intended to be held electronically. The exception would be when under a Provincial Order, which is currently the case, if the requisite motion is passed.
On October 5, 2020, Council passed the following motion: THAT the 2021 Council Meeting Schedule be approved as distributed October 5, 2020 and labelled Wednesdays at 6:oo pm (as amended); AND FURTHER THAT staff bring forward any requisite Council Procedure Bylaw amendment bylaw for Council consideration; AND FURTHER THAT staff be authorized to publish notice of availability of the schedule. ATIACHMENTS 1. "District of Lantzville Council Procedure Bylaw No. 141, 2020, Amendment (Meeting Schedule). Bylaw No. 252, 2020". 2. Draft Consolidated District of Lantzville Council Procedure Bylaw No. 141, 2020 as it would read if Bylaw No. 252 was adopted; new wording shown in red.
ANALYSIS/RATIONALE Council has approved the 2021 Council meeting schedule changing the regular meeting day and time from Mondays at 7:00 pm to Wednesdays at 6:oo pm. It is now in order to amend the Council Procedure Bylaw for consistency and compliance. The draft Council Procedure Bylaw Amendment Bylaw No. 252 (Attachment #1): P33 District of Lantzville November 2, 2020, Regular Council Agenda - Council Procedure Bylaw No. 141, 2020, Amendment (Meeting Schedule) Bylaw No. 252, 2020 Page3of3 • changes the inaugural meeting to a Wednesday • changes regular Council meetings to Wednesdays at 6:oo pm • makes no change to the meeting adjournment time (remains at 9:30 pm unless there is unanimous consent at the meeting) • clarifies Council member participation by electronic means is not permitted during the Closed portion of special or regular Council meetings (was already prohibited for inaugural meetings) • corrects the reference to s. 23(1) ins. 18(6)(a), and the vote required for a motion to be considered at the same meeting when Notice of Motion is given, to be an affirmative vote which is consistent withs. 18(6)(b). The CC requires the municipality to publish notice of intended changes before Council amends, repeals or replaces its procedure bylaw. Note: this is not a public hearing notice. If Council gives Bylaw No. 252 first three readings, the notice v.1ill publish twice in November before Council considers adoption of the bylaw.
1. Strategic Plan Objectives - N/ A
2 . Policy (Existing/Relevance/None) - N/A
3. Resources Staff time to process the Bylaw and update the website, and advertising costs to publish notice prior to adoption. 4. Financial/Budget Implications Expenses funded through existing Financial Plan operating accounts.
5. Sustainability Implications There are no sustainability implications of the recommendation. PreparedH:~ by: Approved for submission to Council: Trudy Coates, R:;:;:i~~ Director of Corporate Administration Chief Administrative Officer Date: October 25, 2020 Date: October 26, 2020
REVIEWED WITH: D Corporate Administration D Fire Rescue D Public Works/Engineering □ RCMP D Financial Services □ Planning D Solicitor D Committee: D Other:
COUNCIL AGENDA INFORMATION: Meeting Type Date A2enda Item # Rem.tlar November 2, 2020 'i.b1-, Closed (In-Camera) Special
File Number: 3900.20.252 T:\DISTRJCT OF LANTZVILLE\R.eports to Council\2020\2020 11 2 Council Procedure Bylaw Amendment Bylaw No. 252.docx P34 District of Lantzville REPORT TO CHIEF ADMINISTRATIVE OFFICER
Meeting Date: November 16, 2020
SUBJECT: District of Lantzville 2020-2024 Financial Plan Bylaw No. 218, 2019, Amendment (Venture Road Water Main Replacement) Bylaw No. 256, 2020
PURPOSE
To provide Council with the District of Lantzville 2020-2024 Financial Plan No. 218, 2019, Amendment (Venture Road Water Main Replacement) Bylaw No. 256, 2020 for consideration of first three readings and adoption.
RECOMMENDATION
THAT District of Lantzville 2020-2024 Financial Plan Bylaw No. 218, 2019, Amendment (Venture Road Water Main Replacement) Bylaw No. 256, 2020 be given first, second, and third reading.
THAT District of Lantzville 2020-2024 Financial Plan Bylaw No. 218, 2019, Amendment (Venture Road Water Main Replacement) Bylaw No. 256, 2020 be adopted.
ALTERNATIVES AND IMPLICATIONS
1. Other direction, as provided by Council.
BACKGROUND/RELEVANT HISTORY
The Venture Road water main project was scheduled to be completed in 2021, with a project budget of $175,000. Funding for this project is allocated from the Waterworks Reserve.
The District of Lantzville is currently working on the Sewer Phase III project which includes a portion ofVenture Road.
Progress is being made on Sewer Phase III, which will include sewer main installation and repaving of Venture Road. In order to minimize disruption to residents, and in order to save costs by only having to tear up Venture Road once, staff are requesting early approval of the Venture Road water main replacement project that was originally scheduled for 2021.
The project is funded by the Waterworks Reserve, and there are adequate reserve funds available for the proje~ t9_p~ co_nml~ted jn 29_~0. .
Section 165 of the Community Charter stipulates that the financial plan may be amended by bylaw at any time.
P35 District of Lantzville November 16, 2020, Regular Council Agenda - District of Lantzville 2020-2024 Financial Plan Bylaw No. 218, 2019, Amendment (Venture Road Water Main Replacement) Bylaw No. 256, 2020 Page2of2 ATIACHMENT
Attachment 1: District of Lantzville 2020-2024 Financial Plan Bylaw No. 218, 2019, Amendment (Venture Road Water Main Replacement) Bylaw No. 256, 2020
ANALYSIS/RATIONALE
At the November 9, 2020 Council meeting the following motions were carried unanimously: • THAT Council approves work to commence on the Venture Road water main replacement in 2020 with a project budget of $175,000;
• AND FURTHER THAT staff bring forward a 2020-2024 Financial Plan Amendment to include the Venture Road water main replacement project in 2020 with a project budget of $175,000, with funding from the Waterworks Reserve.
This project was originally included in the draft 2021-2025 Financial Plan and will be removed from the 2021-2025 Financial Plan pursuant to the following motion from the November 9, 2020 Special Council meeting:
• THAT staff remove the Venture Road water main replacement project from the draft 2021-2025 Financial Plan, with a project budget of $175,000, with funding from the Waterworks Reserve.
1. Financial/Budget Implications
The above changes will be included in the capital project section of the 2020-2024 Financial Plan. The project funding source is the Waterworks reserve fund, and there would be no impact on property taxes.
Prepared by: Approved for submission to Council:
Ja-.l ~ Jamie Slater, CPA, CA Ronald campb Director of Financial Services Chief Administrative Officer
Date: November 10, 2020 Date: November 10, 2020
REVIEWED WITH: .J' 6 Corporate D Fire Rescue [i'Public □ RCMP Administration Works/Eneineering D Financial Services □ Planning D Solicitor D Committee: D Other:
COUNCIL AGENDA INFORMATION: Meetin2 Tvoe Date Menda Item # Regular November 16, 2020 ~- (_) Snecial 7 Closed (In-Camera) File Number: 3900-20-256
Location: T: \DISTRICT OF LANTZVILLE\Reports to Council\2020\2020 u 16 District of La.ntzville 2020-2024 Financial Plan Bylaw No. 218, 2019, .Amendment (Venture Road Water Main Replacement) Bylaw No. 256, 2020.docx P36 DISTRICT OF LANTZVILLE BYLAW NO. 256
A BYLAW TO AMEND DISTRICT OF LANTZVILLE 2020-2024 FINANCIAL PLAN BYLAW NO. 218, 2019
WHEREAS section 165 of the Community Charter stipulates that a municipality must have a financial plan that is adopted on an annual basis;
AND WHERAS section 165 (2) of the Community Charter stipulates that for certainty, the financial plan may be amended by bylaw at any time;
NOW THEREFORE the Municipal Council of the District of Lantzville in open meeting assembled hereby enacts as follows:
1. That District of Lantzville 2020-2024 Financial Plan Bylaw No. 218, 2019 is hereby amended by deleting Schedule "A" in its entirety and substituting the amended Schedule "A" as attached hereto and forming part of this Bylaw.
2. This Bylaw may be cited for all purposes as "District of Lantzville 2020-2024 Financial Plan Bylaw No. 218, 2019, Amendment (Venture Road Water Main Replacement) Bylaw No. 256, 2020" and shall become effective upon adoption.
READ A FIRST TIME this __day of November, 2020.
READ A SECOND TIME this_ day of November, 2020.
READ A THIRD TIME this_ day of November, 2020.
ADOPTED this __ day of November, 2020.
Mark Swain, Mayor Trudy Coates, Director of Corporate Administration
P37 District of Lantzville District of Lantzville 2020-2024 Financial Plan Bylaw No. 218, 2019, Amendment (Venture Road Water Main Replacement) Bylaw No. 256, 2020 Page2 of2
Schedule "A"
2020 2021 2022 2023 20~ Revenues Property truces 2,281,048 2,660,836 3,027,276 3,398,196 3,689,024 Payments in lieu 80,587 81,115 81,615 82,115 82,715 Parcel truces 429,163 565,673 565,673 667,173 667,173 Sale of services 805,857 832,773 861,244 890,440 920,753 Other revenue 625,692 541,460 576,598 594,782 596,409 Government grants 5,125,269 4,650,619 2,619,005 448,619 448,619
9,347,616 9,332,475 7,731,411 6,081,325 6,404,693 Expenses General government services 1,176,274 1,268,170 1,355,660 1,366,260 1,396,420 Protective services 500,804 413,810 427,630 436,830 446,320 Transportation services 626,934 481,620 694,310 629,020 663,978 Community development services 363,465 153,710 157,030 250,420 255,910 Building Inspection and Bylaw Services 77,404 234,209 239,480 244,870 250,380 Solid waste collection 207,247 206,390 210,520 214,730 219,020 Recreation and cultural services 150,891 174,100 177,000 179,980 183,050 Sanitary Sewer Operating 266,583 175,620 184,190 193,280 202,850 Water Operating 341,962 358,170 367,530 376,760 386,390 Interest on Debt 10,000 64,094 64,094 95,094 95,094 Amortization 897,000 981,000 981,000 981,000 981,000
4,618,564 4,510,893 4,858,444 4,968,244 5,080,412
Annual Surplus/(Deficit) 4,729,052 4,821,582 2,872,967 1,113,081 1,324,281
Add back: Unfunded Amortization 897,000 981,000 981,000 981,000 981,000
5,626,052 5,802,582 3,853,967 2,094,081 2,305,281
Capital Expenditures General Capital 2,642,308 1,195,000 2,120,000 1,515,000 1,412,000 Sanitary Sewer Capital 5,271,771 1,000,000 Water Capital 401,932 3,202,000 3,202,000 3z4.ooo 8,316,011 5,397,000 5,322,000 1,889,000 1,412,000
Transfers and Acquisitions Transfers to reserves/ surplus 1,430,199 1,701,645 1,917,345 2,134,145 2,350,245 Transfers from reserves/ surplus (2,420,936) (1,429,600) (1,Soz,300) (2,133,100) (1,661,000) Transfers to/ (from) Reserve Funds (990,737) 272,045 110,045 1,045 689,245 Transfers to/from Accumulated Surplus (10,650) (7;000) (7,000) (7,000) (7,000) Proceeds from Borrowing (1,746,700) (1,711,614) Internal Borrowing Repayment 58,128 58,120 58,120 58,120 58,120 Debt principal payments 82,416 82,416 152,916 152,916 (2,689,959) 405,581 (1,468,033) 205,081 893,281 Annual surplus (deficit) 0 () () () ()
P38 District of Lantzville REPORT TO CHIEF ADMINISTRATIVE OFFICER
Meeting Date: November 16, 2020
SUBJECT: Zoning Bylaw Amendment Application for 7384 Lantzville Road, 7402 Lantzville Road & 7127 Sabrina Place
PURPOSE
To consider a Zoning Bylaw amendment application for three properties, including 7384 Lantzville Road, 7402 Lantzville Road & 7127 Sabrina Place to facilitate a 30-parcel subdivision.
RECOMMENDATION
THAT District of Lantzville Zoning Bylaw No. 180, 2020, Amendment Bylaw (7384 & 7402 Lantzville Rd & 7127 Sabrina Pl) No. 243, 2020 be given first and second reading.
COMMITTEE RECOMMENDATION N/A
ALTERNATIVES AND IMPLICATIONS
1. REFUSAL
THAT District of Lantzville Zoning Bylaw No.180, 2020, Amendment Bylaw (7384 & 7402 Lantzville Rd & 7127 Sabrina Pl) No. 243, 2020 be refused.
Subdivision and development of subject properties would be limited to the provisions of the Residential 1 Zone, including a minimum parcel area of 0.2 ha. If the owner applies to subdivide under the current zoning, the Municipality would not receive any community amenity contributions. As per Section 2.6 of the Land Use and Development Procedures Bylaw, the owners would be unable to reapply within 6 months unless permitted to reapply by an affirmative vote by 2/3 of the eligible Council members.
2. AMEND THE BYLAW
When the following motion is on the floor:
THAT District of Lantzville Zoning Bylaw No. 180, 2020, Amendment Bylaw (7384 & 7402 Lantzville Rd & 7127 Sabrina Pl) No. 243, 2020 be given first and second reading.
Amend it by motion:
THAT the motion on the floor be amended by adding "as amended [insert amendment]". P39 District of Lantzville November 16, 2020, Council Agenda Item -Zoning Bylaw Amendment Application for 7384 Lantzvllle Road, 7402 Lantzville Road & 7127 Sabrina Place Page2of6
Vote of the main motion as amended:
THAT District of Lantzville Zoning Bylaw No.180, 2020, Amendment Bylaw (7384 & 7402 Lantzville Rd & 7127 Sabrina Pl} No. 243, 2020, be given first and second reading, as amended [insert preceding amendment].
The implications are unknown until the amendments are known. If Council chooses to amend the bylaw, Staff would advise the applicant and give the applicant an opportunity to proceed with the application, as amended, or abandon the application.
3. NEGOTIATE COMMUNITY AMENITY CONTRIBUTIONS
THAT District of Lantzville Zoning Bylaw No.180, 2020, Amendment Bylaw (7384 & 7402 Lantzville Rd & 7127 Sabrina Pl} No. 243, 2020 be given first and second reading.
THAT the applicant for District of Lantzville Zoning Bylaw No. 180, 2020, Amendment Bylaw (7384 & 7402 Lantzville Rd & 7127 Sabrina Pl) No. 243, 2020 be asked if the owners are agreeable to amending the proposed community amenity contribution by "[insert additional or amended community amenity contributions]".
Staff would report back to Council on whether the owners are agreeable prior to proceeding to the public hearing stage.
BACKGROUND/RELEVANT HISTORY
The subject properties are comprised of three parcels of land located at 7384 Lantzville Road (1.5 ha/3.7 ac), 7402 Lantzville Road {1.0 ha/2.5 ac), and 7127 Sabrina Place (0.6 ha/ 1.5 ac), totaling 3.1 ha (7. 7 ac) (ATTACHMENT 1 & 2). There are three existing houses-one on each of the three parcels - two of which are proposed to be demolished if the properties are redeveloped. While the land is mostly clearly of trees, there are pockets of existing mature trees that remain (ATTACHMENT 3}. The properties front Lantzville Road, Sabrina Place, and Sunbury Road. The surrounding land use context is single unit housing on relatively large residentially zoned properties (ATTACHMENT 4). Adjoining parcels to the east that front Peterson Road are approximately 0.2 ha (0.5 ac) in area.
Proposal
The proposal is to rezone the subject properties from the current Residential 1 Zone (ATTACHMENTS) to a new Residential 5 Zone (see ATTACHMENT 6}. The cover letter and re-submittal letter are included as ATTACHMENTS 7 & 8, respectively. The conceptual development plan and preliminary lot layout plan are included as ATTACHMENTS 9 & 10, respectively. If the rezoning application is approved by Council, the proposed subdivision layout could change at the subdivision application stage.
Conceptually, the owners are proposing a 30-parcel subdivision that includes 20 conventionally subdivided parcels and 10 bare land strata parcels. The average area of the 30 parcels, including the 2 area of the proposed parkland, is 961 m • The overall density of the proposed development is 9. 7 units per hectare.
P40 District of Lantzville November 16, 2020, Council Agenda Item - Zoning Bylaw Amendment Application for 7384 Lantzvllle Road, 7402 Lantzville Road & 7127 Sabrina Place Page3of6
ATTACHMENTS
1. Location Map 2. Air Photo 3. Site Photos 4. Zoning Map 5. Residential 1 Zone 6. Zoning Amendment Bylaw 7. Cover Letter 8. Re-Submission Letter 9. Conceptual Development Plan 10. Preliminary Lot Layout Plan 11. Letters and E-mails Received by the Municipality 12. OCP Residential Land Use Designation 13. OCP Map 5 Parks 14.Covenant
ANALYSIS/RATIONALE
Public Consultation
The applicant was asked to hold a public information meeting to present the proposal to the neighbourhood and seek feedback. A public information meeting was held on September 16, 2020. The applicant's re-submission letter (ATTACHMENT 8) summarizes what they heard from the public and how the application was addressed to respond to the concerns raised. The Municipality also received 11 letters and e-mails from residents (ATTACHMENT 11).
Official Community Plan - Residential Land Use Designation
The subject properties are designated Residential in the OCP (see ATTACHMENT 12). As per policy 5.2.7.4, "where density bonus, averaging, and clustering are applied in residential areas outside the Village and Special Plan Areas, a target average lot size of 960 m1 will be encouraged after dedication of public open space, trail, and road corridors" and further that "for purposes of calculating the average, the land dedicated as parkland, including bonus parkland, may be included."
The proposal includes variable parcel areas ranging from 710 m1 {0.18 ac) to 1,238 m2 {0.31 ac). The proposed RS Zone permits parcel area averaging of up to 40% in accordance with OCP policy 8.5.2 which states "Density averaging may be implemented by provisions in a Zoning or Subdivision Bylaw, which may allow a reduction to 60% to 80% of the minimum lot size, provided the overall gross density is not exceeded".
Rather than using density bonusing, which allows the owner to 'opt out of providing amenities by developing to the lower density permitted in the zoning, community amenities contributions {CACs) are proposed to be secured directly through use of a covenant. This provides the Municipality with certainty that the CACs will be obtained.
P41 District of lantzville November 16, 2020, Council Agenda Item -Zoning Bylaw Amendment Application for 7384 lantzvllle Road, 7402 Lantzvllle Road & 7127 Sabrina Place Page4of 6
Clustering is being achieved through a proposed linear greenway that bisects the site from south to north. In staffs view, the proposed is consistent with the land use designation and the surrounding single unit housing land use context.
Official Community Plan - Parkland
The OCP does not designate a future park in the vicinity of the subject properties (see ATTACHMENT 13). For this reason, the park area was originally proposed to be private managed green space/ open space that would be secured for public use via a statutory right-of-way, together with cash-in-lieu of parkland equivalent to 5% of the predevelopment appraised value of the land. However, based on feedback received from the public, the applicant revised this area to be public parkland. While this is inconsistent with the OCP future parkland designations, this does not preclude Council from supporting public parkland in this location. The total area of the proposed public parkland is 0.25 ha (0.62 ac), which represents 8% of the total site area.
Community Amenity Contributions
Council's CAC Document (June 2020) is included as ATTACHMENT 14 for information. CACs are not based on the uplift in development rights resulting from the rezoning, as per Council's CAC Document and the Provincial Guide to CACs. CACs are based on the scale and scope of the proposal and the level of impact on the community. Council cannot refuse a rezoning application on the basis that the CACs are not 'high' enough - it would be unlawful to do so.
The proposed CACs include:
1. $3,000 per parcel up to $45,000 as a financial amenity contribution. This is based on 15 parcels, which is the number of additional parcels that could be achieved as a result of the rezoning application.
2. 8% public parkland dedication which exceeds the statutory 5%.
3. Public parkland improvements, including topsoil, seeding and new trees (based on a plan to be prepared by a landscape architect).
4. 300 m of paved trails within the public parkland.
5. Landscape buffers.
If Council's wishes to negotiate CACs, a draft motion is included in the alternative and implications section of this report. Consideration of first and second readings is the appropriate time for Council to consider the CACs and re-negotiate if that is Council's wish.
Infrastructure
The proposal would not result in any new public roads and represents an efficient use of land, infrastructure and services. At the subdivision stage, road frontages would need to be upgraded to centerline in accordance with the road standards in the works and services bylaw. This generally
P42 District of Lantzville November 16, 2020, Council Agenda Item - Zoning Bylaw Amendment Application for 7384 Lantzville Road, 7402 Lantzville Road & 7127 Sabrina Place Page5of6 includes asphalt infill, onstreet parking, 2 m wide boulevards with landscaping and street trees and sidewalks.
Water
The development will be serviced with Municipal water.
Sewer
The development will be serviced with Municipal sewer. 7384 Lantzville Road is not currently within the Phase 2 or Phase 3 sewer service areas, which means they will need to be included in the Phase 3 area. A 30-parcel subdivision is estimated to reduce the per parcel Phase 3 parcel tax from $14,007 to $12,836 (~$1.171 reduction). This does not include consideration of other property development that may influence the parcel tax (e.g. inclusion of a portion of the Medd property).
Stormwater Management
A comprehensive stormwater management plan would be required at the subdivision stage to address upstream catchment areas and any downstream improvements or upgrades required.
Traffic Management
The development is anticipated to result in a minor increase in traffic in the neighbourhood. Earlier this year, Council identified speeding on Lantzville Road as an area of concern. To address this·, Council forwarded consideration of a multi-use pathway from Huddlestone Road to Superior Road to the financial planning process. This work is included in the proposed budget for 2021. The multi-use pathway, together with sidewalks along the Lantzville Road, Sabrina Place and Sunbury Road frontages (owner's responsibility/cost) will drastically improve walking and cycling safety in the neighbourhood.
Development Permit
1. Strategic Plan Obiectives
N/A
In staff's view, the proposal is consistent with the OCP.
3. Resource Implications
There will be increased annual maintenance costs associated with the public parkland.
4. Financial/Budget Implications
There are no financial/budget implications of the recommendation.
P43 District of Lantzville November 16, 2020, Council Agenda Item -Zoning Bylaw Amendment Application for 7384 Lantzville Road, 7402 Lantzville Road & 7127 Sabrina Place Page 6of6 s. Sustainability Implications
There are no sustainability implications of the recommendation.
6. Legal Implications
There are no legal implications of the recommendation.
7. Public Hearing
Should Council choose to give first and second reading to the zoning amendment bylaw, the bylaw would proceed the public hearing stage. The public hearing stage is the public's opportunity to make their views known to Council.
Prepared By: Approved for Submission to Council:
Date: November 10, 2020 Date: November 10, 2020
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 November 16, 2020 c.t.dl Closed (In-Camera) I Committee of the Whole
File: 3090-20-20-3 Location: T:\DISTRICT OF LANTZVILLE\Reports to Council\2020\2020 1116 Development Variance Permit Application for 7055 Caillet Road.doC<
P44 ATTACHMENT #1
Strait of Georgia
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s t Lo Lot54,Nan r Plan VI Except That Part i 7402 Lantzville I .....----,--.,------r~~.,...,....
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P45 ATTACHMENT #2
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I- I er:U, M I- I 2003 o:~- Cl z• :5: en.w! o'o! Z• <(. 15 z! PL. . SUBJECT PROPERTY Lot 4, District Lot 54, 3 Nanoose District, Plan VIP87929 R1 2 7127 Sabrina Pl 5 "'a) PL a: 23s2s ..:, N rt. Ri C') "' 'O' C') -~.J 2 rt. Q. SUBJECTP 3 71 Lot' 1, District Lot 54, Nanoose Di SUBJECT PROPERTY n VIP88454, Except That Part in Pia Lot 5, District Lot 54, Nanoose District, 7384 Lantzville Rd Plan VIP87929, Except That Part in Plan VIP884541-==LA:..:;NTZV.:.:.=..:..:'L=L~E~-,--.--i~=:=::;:::::;:~~==-r--T-~~~;:-""f 7402 Lantzville Rd
MAINDEROF A B 112 OF O.l.66 PLAN 733 PLAN 26020 z .5 2 F-SAP ;:! ll. D.L. < :! R1 54G. N R.1 ti: BK.2 A z S.R.W . .s PL.22396 Pl.1909 PlANSS416 Q.
74 A 00. n S-101703 PL Lantzville Zoning 2 258 D 66 65 64 62 c==i Subject Properties
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40 38 ~~::::::-----~--.--~~~----.--F=..---..._ ITER AVENUE f;!, z ATTACHMENT #5
11.1 RESIDENTIAL 1 ZONE (Rl)
Permitted Uses
1. The permitted primary and secondary uses are as follows:
Prrima r.y Use Secwridlarrw llJse House Carriage House Home Business Secondary Suite
Dwelling Units
2. The maximum number of dwelling units per parcel is two and is limited to one house and either one secondary suite or one carriage house. Siting
3. The minimum setbacks from parcel lines are as follows:
SMl!lduirre Fron~ !Rlean lrnAl.e 11i011 Sj;cl1e [ xtel'ior Side
House 6m 6m 2 m 3m Carriage House 6m 3m 3 m 3m Secondary Structure 6m 1.5 m 1.5 m 3 m
Height
4. The maximum heights are as follows:
St11l!l <1:1illl111e f~le~itmH.ltim IHei glM!
House 8m
Carriage House with Garage Below 7 m
Carriage House without Garage Below 6 m
Secondary Structure 6m
Fence 1.8 m
Parcel Coverage
5. The maximum parcel coverage is 35%. Subdivision
6. The subdivision regulations are as follows:
[ rrirfie 11i:a fRleguJla~i'©m 2 Minimum Parcel Area 2,000 m
Minimum Parcel Frontage and W idth 20 m
Schedule 'A' to District of Lantzville Zoning Bylaw No. 180, 2020 5 P56 ATTACHMENT #6
DISTRICT OF LANTZVILLE BYLAW NO. 243, 2020
A BYLAW TO AMEND DISTRICT OF LANTZVILLE ZONING BYLAW NO. 180, 2020
NOW THEREFORE the Municipal Council of the District of Lantzville in open meeting assembled enacts as follows:
1. This bylaw may be cited for all purposes as the "District of Lantzville Zoning Bylaw No. 180, 2020, Amendment Bylaw (7384 & 7402 Lantzville Rd & 7127 Sabrina Pl) No. 243, 2020".
2. Schedule 'A' of District ofLantzville Zoning Bylaw No. 180, 2020 is hereby amended as follows:
(a) in Part 1 by inserting "Residential 5" after "Residential 4" in the list of zones,
(b) in Part 1 by inserting the "Residential 5 Zone" attached hereto as Schedule 1 after Section 1.4 and re-numbering the remaining sections in Part 1, and
( c) by re-classifying the land legally described as
"LOT 4 DISTRICT LOT 54 NANOOSE DISTRICT PLAN VIP87929
LOT 5 DISTRICT LOT 54 NANOOSE DISTRICT PLAN VIP87929, EXCEPT PART IN PLAN VIP88454
LOT 1 DISTRICT LOT 54 NANOOSE DISTRICT PLAN VIP88454 EXCEPT PART IN PLAN EPP26253"
from "Residential I Zone (Rl)" to ''Residential 5 Zone (RS)".
READ A FIRST TIME this_ day of_, 2020. READ A SECOND TIME this_ day of_, 2020. PUBLIC HEARING HELD this_ day of___, 2021. READ A THIRD TIME this_ day of_, 2021. ADOPTED this_ day of___, 2021.
Mark Swain, Mayor Trudy Coates, Director of Corporate Administration
P57 "Schedule 1 to Bylaw 243, 2020"
RESIDENTIAL 5 ZONE (RS)
Permitted Uses
1. The permitted primary and secondary uses are as follows:
Primary Use Secondary Use House Ca rriage House Home Business Secondary Suite
Dwelling Units
2. The maximum number of dwelling units per parcel is two and is li mited t o one house and either one secondary suite or one carriage house. Siting
3. The minimum setbacks from parcel lines are as follows:
Sttrrwe1urre !i=rrolilt Reirn l 111~erri0r Side IE~~errtm~ Sid:e House 6m 6m 2m 3m Carriage House 6m 3m 3m 3m Secondary Structure 6m 1.5 m 1.5 m 3m
Height
4. The maximum heights are as follows:
S!iUl!J,{;;tl!Jir,e MaxillTrlUriFI lll~igM~
House 8m
Carriage House with Garage Below 7m
Carriage House without Garage Below 6m
Secondary Structure 6m
Fence 1.8 m
Parcel Coverage
5. Th e maximum parcel coverage is 35%. Subdivision
6. The subdivision regulations are as follows:
[rriteria Regulati©n
Minimum Parcel Area 960 m 2
Minimum Parcel Frontage and Width 15 m
Maximum Parcel Averaging 40%
P58 ATT CHMENT #7 ~ _/ · \.'! ,: SITE PLANNING 3706 Monterey Drive Nanaimo, BC V9T 6R9 t (250).797.2515 e: [email protected] w: www.townsiteplanning.ca
March 9, 2020
District of Lantzville 7192 Lantzville Road Lantzville, BC V0R 2H0 Our File: 19-12 (Sabrina)
Attn: Kyle Young, Director of Planning
Re: Application for Rezoning / Letter of Rationale • 7127 Sabrina Place (028-274-725), 7402 Lantzville Road (028-274-733), and 7384 Lantzville Road (028-403-134)
Dear Kyle,
Enclosed please find our application and supporting materials for a proposed rezoning application for the above-noted properties, on behalf of our clients (multiple owners).
Attached to this submission please find the following:
1. Cover Letter/ Letter of Rationale. 2. Application Fees - Cheque from the owners for the rezoning application in the amount of $2,400.00 (Application and PH Advertising Fee). 3. Application - A completed Zoning Bylaw Amendment Application form, including signatures from all property owners. 4. Draft RS (Residential 5) Zone. 5. Site Profile -A completed Schedule 1 Site Profile, including signatures from all property owners. 6. Current Title & Relevant Charges - Copies of the current titles and relevant charges (dated March 2, 2020) are attached for all three (3) properties. None of the existing charges on title preclude development of the properties as proposed. 7. Copies of the following plans (1lx17 and 24x36): a. Conceptual Development Plan; b. Preliminary Lot Layout; and c. Rezoning Plan
If you have any questions or find that any application information is missing or inaccurate, please contact the undersigned below and we will endeavour to provide you with the required information as quickly as possible.
------l(} Page 1 of 5 P59 Site & Neighbourhood Context Our clients wish to rezone their properties in order to facilitate the development and construction of a thirty (30) lot single-family subdivision on the subject lands, comprised of twenty (20) fee simple lots and a ten (10) lot bareland strata subdivision. The site currently consists of three separately titled properties totalling 7.654 acres (1.43, 2.504 and 3.711 acres) and is generally flat (elevation climbs slightly from north to south). Significant portions of the site have been previously cleared; however, the site does still contain several individual and groups of mature trees. Partial infrastructure upgrades (water, roads) have already been completed with previous subdivisions. There is an existing single-family dwelling on each of the three parcels, two of which are much older and are proposed to be removed, while one will remain as part of the new development. Two of the existing houses are owner occupied, while the other is currently rented. The subject properties are designated 'Residential' under the District's Official Community Plan (OCP) and are located within the Growth Containment Boundaries. This designation supports residential development in this area with densities up to approximately 10 units per ha. Our proposal identifies a potential maximum density of approximately 9.~ units per ha (or an average lot size of slightly .greater than ¼ acre) and therefore will not necessitate an OCP amendment. The subject properties are located in Lower Lantzville approximately 650 m west of the Village Core. The surrounding neighbourhood is a mix of similar low density / single family residential uses, with many lots ranging in size from ¼ acre, to ½ acre, and a much smaller number of lots ranging from ½ acre up to approximately 5.0 acres.
The subject properties are also located approximately 750 m from Seaview Elementary and 400 m from Sebastion Beach, two important community amenities. and are located directly adjacent to an existing BC transit route. The nearest transit stop is less than 100 m to the east on Lantzville Road. Proposed Development We are proposing to rezone the subject properties from RS1 L (Residential 1 Zone) under Zoning Bylaw No. 60 to RS (Residential 5 Zone) under the new Zoning Bylaw No. 180. Of note, the current zoning (and anticipated default R1 zoning under Bylaw No. 180) could facilitate a 15-lot residential lot subdivision without requiring rezoning. Our application has been prepared in accordance with OCP policies related to the development of lands with the objective of achieving an average parcel size of 960 m2 - the average parcel size in our proposal, including the strata lands, is approximately 1,050 m2. The District's OCP also speaks to the idea of creating a variety of lot sizes in order to provide for variety and a mix of housing styles and sizes. Our proposal provides for a range in lot sizes from 700 m2 up to over 1100m2 (50% larger) in order to achieve this objective.
Page 2 of 5 P60 Based on the above, we have drafted and submit herein a proposed RS (Residential 5) Zone, which we believe would effectively facilitate subdivision of these lands if the rezoning is approved. In order to respect and acknowledge ex~sting directly adjoining neighbours to the east and west, in particular, we are proposing to retain and protect the existing mature trees and vegetation at the edges of the property as well as throughout other areas of the properties where feasible. This will be achieved through the registration of a s.219 covenant against all of those lots that will prevent the owner, or future owners, from removing or altering any of the vegetation within a 4-5 m (13-16ft. wide) buffer zone at the rear of their lots. Where there are presently gaps in the existing vegetative buffer we will provide for a replanting plan and install new trees and vegetation in those areas at the time of subdivision. We believe this will help to maintain privacy for both new and existing owners, is environmentally responsible (increased tree retention and new plantings) and creates a more attractive and desirable development. In ac::tdition, the OCP also identifies linear parks and "greenways" as a desirable component of any new residential development in order to create green spaces that contribute to the overall opportunity for urban forestry, recreation and active transportation. Having said that, District staff have also indicated that they do not wish to obtain any public park land as part of this application and instead would prefer to see a cash contribution in lieu of park land at time of subdivision. In order to achieve this objective without providing for public park land, we are proposing to include approximately 2200 m2 of land within the strata as Common Property dedicated to parks and open space, and in order to create a linear trail connection between Lantzville Road and Sunbury Road. This park space will be landscaped and includes approximately 300 m of 1.5 m wide asphalt trail. A statutory right of-way for public access will be registered over the Common Property in order to allow for the general public to utilize the greenway.
Servicing & Infrastructure Development of these properties would also see the improvement and upgrade for the south side of Sunbury Road, most of both sides of Sabrina Place and the north side of Lantzville Road {the frontage of each of the three subject properties) to the District's new urban local road standards, including concrete curbing, gutters and sidewalks, streetlights and street trees. Each lot would be connected to the District's existing water system and will connect to the planned sewer expansion via the Local Area Service that has been approved by Council and will be constructed in 2020. At the time of subdivision, a P.Eng. will also be required to design a storm water management system that ensures that post develop~ent flow rates off-site and downstream from these properties do not exceed the current pre-development flow rates (water volumes currently leaving the property), as is standard best practice with all new developments in most jurisdictions. Of note, while this project would add 30 new properties to the District's tax roll, with a likely assessed value of +/-$30M at full build-out, it will in fact have a minimal impact on the District's operating
Page 3 of 5 P61 budget as the project does not require the dedication or construction of any additional public roads or park lands, and adds only minimally (sidewalks, streetlights, etc.) to the existing infrastructure that is already in place, making this a long-term financially beneficial project for the District. Community Benefits The owners understand that the District's OCP establishes an expectation that applications for rezoning, where an increase in density is being requested, should provide some form of community or neighbourhood benefit or amenity. We further understand that typicaUy / historically this equates to a contribution either in the form of a cash contribution to a reserve fund (i.e. park land acquisition, affordable housing, etc.), or through the provision of additional public infrastructure or physical amenities (playground equipment, trees, extended sidewalks, etc.). Accordingly, our clients are prepared to offer a two-part community contribution in order to address the District's expectations.
1. The previously noted greenway, which includes 2,200 m2 (approx. ½ acre) of private / strata park land and a linear trail connection between Lantzville Road and Sunbury Road, represents approximately 7% of the overall subject properties, which is in fact 40% more land than would be provided if it was a public park dedication (5%). The registration of a statutory right-of-way in order to allow the general public to use the trail connection and park space makes this a significant public amenity. The additional benefit for the District is that, while all residents will have full use of and access to these lands and trail, it will not have any ownership or maintenance responsibilities for the improvements. Maintenance and up-keep will be managed by the strata corporation. The value of this amenity (2,200 m2 of land and 300 m of 1.5 m wide asphalt trail, tree planting, etc.) is estimated at approximately $150,000 (land and improvements). We believe this approach to the provision of green space on this project is a win for all parties and represents a significant 'no-cost' amenity for the residents of the District.
2. We also would propose to provide a cash amenity contribution of $2,000 for each additional residential lot over and above what could already be developed under current zoning. As the current zoning would facilitate the subdivision of 15 residential lots (without rezoning), a 30- lot subdivision would result in a contribution of $30,000 (15 additional residential lots x $2,000). We would request that these funds be used to either provide for improvements and public amenities at Sebastion Beach, or be placed in the District's Waterfront Park Land Acquisition Reserve Fund in order to be used to purchase future waterfront park lands when and if those lands become available.
To be clear, the above amenities are in addition to the parks cash-in-lieu contribution that will also be made at the time of subdivision. As previously noted, District staff have indicated a preference for a cash-in-lieu contribution towards public park land, rather than a land dedication. This cash contribution (based on the requirements of the Local Government Act) will amount to 5% of the pre-
Page4 of 5 P62 development value of the subject properties at the time of development. It is anticipated that the cash-in-lieu contribution will be + /- $150,000.
We believe that the overall package of community benefits (approximately $330,000 in cash, improvements and cash-in-lieu of park land dedication), plus the anticipated infrastructure and frontage upgrades, represents a significant contribution and will provide long-term benefits for the District in exchange for the 15 additional lots that we are requesting.
Community Consultation
As part of the application process we also recognize the need and importance of providing opportunities for neighbour and community engagement in order to solicit feedback on, and in some cases to adjust, the proposal to address neighbourhood or community concerns. To this end, in addition to the public engagement undertaken by the District (notice to adjacent owners, Public Hearing, etc.) we are also proposing to host a public information session / open house. As per the District's policy we will also post two (2) 4' x 8' information signs on the site with information regarding the application and opportunities for public engagement.
Closing
In dosing, we believe that our application represents a very good flt for this location and achieves numerous goals and objectives from the District's Official Community Plan. We wish to emphasize that our application aligns with both the new OCP and the draft Zoning Bylaw, and if approved will not require any variances to any municipal standards or regulations in order to be developed. As noted above, the project will create significant new tax revenues for the District but does not require the dedication or construction of any additional public roads or parks, therefore adding very minimally to the District's asset management burden. Ultimately, the project has been conceived and designed in order to respect the existing residents, provide for a project that represents a positive addition to the community, and integrates well into this established residential neighborhood.
We look forward to working with Staff and Council to refine the parameters of this development and advance this project forward through the rezoning process, and hopefully the subdivision and development processes thereafter.
Please contact us if you have any questions or concerns with regard to the application or the information contained herein.
Sincere Regards, YN~/1 ------• Scott W. Mack, M.Arch., B.Sc. (PLAN), MCIP, RPP Managing Partner I Registered Professional Planner ec: Nola Johnsen (Owner and Representative for all owne1S}
Page 5 of 5 P63 PLANNIN6 6670 Elm Road, Lantzville, BC V0R 2H0 t: (250).797.2515 I e: [email protected] I w: www.townsiteplanning.ca
November 3, 2020
District of Lantzville 7192 Lantzville Road Lantzville, BC V0R 2H0 Our File: 19-12 (Sabrina)
Attn: Kyle Young, Director of Planning
Re: UPDATED/ REVISED APPLICATION 7127 Sabrina Place (028-274-725), 7402 Lantzville Road (028-274-733), and 7384 Lantzville Road (028-403-134)
Dear Kyle,
Further to our original application (submitted March 9, 2020), we wish to follow up with some revisions and updates to our application in order to address neighbourhood feedback that we have received through the consultation process.
As required by the District, we held a Neighbourhood Information Meeting for community residents on September 16, 2020 at Costin Hall. The meeting was advertised through information on the two signs posted at the subject properties, along with invitations which were mailed to approximately 35 nearby/ surrounding property owners. The meeting was attended by 24 residents (split over three separate drop-in sessions). Feedback at the sessions was mixed, with some attendees expressing strong opposition, to neutral (no specific opinions expressed, primarily looking for information or asking questions in order to review and understand the application), as well as some residents who were in support and/or potentially interested in the project.
As is often the case with rezoning applications, those in support of the application are generally less likely to speak up or speak out in particular during public engagements. One couple in particular was worth noting - they have lived in Lantzville for many years and live in the neighbourhood on a larger property. They were supportive of the project and were interested in potentially being able to build a new house on a smaller lot that would allow them to remain in their neighbourhood but on a more manageable lot. They pulled me aside to convey their thoughts as they were concerned and felt intimated by those who were speaking so strongly against the application.
In terms of feedback, there were a number of key themes that were expressed by attendees, including: • That the application contained too many lots / too much density and is inconsistent with the OCP; • That if developed, the project should include public park dedication and that there should be an improved allocation of park land;
Page 1 of 4 P64 • Lack of on-street/ visitor parking for the strata lots (concern that it would spill over in the neighbourhood); • General neighbourhood traffic concerns; and, • Concerns that all the houses were going to look the same;
In reviewing this feedback with the property owners, we carefully considered where and how we could potentially alter our application in order to attempt to address these concerns. Based on those discussions, this letter is intended to advise you that we wish to revise and update our application as follows. These updates/ revisions are also reflected in the updated conceptual drawings which are attached to and form part of our revised application:
1. The original application contained a greenway corridor along with two 'blocks' of strata park land, roughly at the north and south end of the strata cul-de-sac. We have consolidated those two blocks of park land in to one larger park area at the south end of the cul-de-sac, adjacent to Lantzville Road, creating a larger, much more visible and usable space. The larger consolidated park space also allows for the protection of more mature trees that are located within the proposed park area.
2. We had originally shown approximately 2200 m2 of park area as strata park land {common property) that would have a SRW registered against it to allow for public use. This approach was based on our initial conversations with staff where it was suggested that public park dedication was not preferable at this location. Having heard from the general public about how strongly they value public park land in general, and a belief that public park land would be valuable at this location, we have revised our proposal to show the park area and the greenway as public dedicated park land.
3. We have widened the greenway corridor between the park area (Lantzville Road) and Sunbury Road to between 4.5 m and 7.5 m in width (15' - 25') in order to increase the separation between the 1.5 m paved path and the private strata road and to enhance the sense of a 'greenway'. A combination of retained mature trees and new tree planting will significantly enhance this greenway corridor.
4. The Local Government Act requires that 5% of the lands must be dedicated for park (or be provided as cash-in-lieu). On this site, that calculation would create a park area of approx. 1550 m2. As previously noted, our original application _contemplated 2200 m2 of (strata) park land. ·The revised layout, with a larger consolidated public park space plus a wider greenway, has resulted in a public park area that is now 2490 m2 in area {approximately 12% larger than our original application). The proposed 2490 m2 of public park land represents approximately 60% more than the minimum requirement (1550 m2), or approximately 8% of the overall site.
Page 2 of 4 P65 5. We have revised and updated the strata road design to allow for pockets of on-street parking. The revised layout allows for 10 on-street parking spaces, which will mean that each strata lot will have space for additional/ visitor parking space on the street, over and above the requirement to provide for resident and visitor parking on each lot as per the Zoning Bylaw.
6. The owners have committed to registering a Building Scheme at the time of subdivision that will ensure that certain criteria/ minimum standards are met with the development of each lot in order to create and maintain property values and enhance community character. We would propose that those conditions would be determined through consultation with the Approving Officer at the time of subdivision, and would likely include (but not limited to) a requirement for: a. a minimum building square footage; b. hardie or natural cedar siding (no vinyl, stucco, etc.); c. a roughly equal mix of one- and two-story buildings; d. a unique house/ floor plan for each lot, with no 'repeats' within 4 lots
7. Our original application identified a 4-5 m wide vegetated buffer area along the full western and eastern property boundaries. Based on feedback from some of those adjacent owners, we acknowledge that the circumstances at the property boundaries are unique for each lot and that a different approach may be required with each owner. For example, where there is significant existing mature vegetation it may make sense to provide for the covenant/ buffer area and our clients are prepared to increase this up to 6.0 m (20') in width where necessary. Conversely, in other areas where the existing vegetation is sparse or does not exist, it may be more beneficial to consider the planting of a hedgerow, which would provide enhanced privacy and also requires less of a covenant/ buffer area. In short, we would propose that at the subdivision stage we will work collaboratively with the District and the seven (7) property owners who directly adjoin this property to develop a flexible landscaping / buffering plan that works for everyone.
Recognizing the potential variability of the buffer area discussed above, we anticipate the buffer area will account for an additional approximately 2050 m2 (1/2 acre) of land, or 7% of the overall site, that will be protected (private property) for green space. When combined with the dedicated park space, this means that approximately 15% of the overall site will be protected and/or dedicated for green space. This of course is over and above what individual landowners decide to do with their yards in terms of plantings, landscaping, gardens, etc. As previously noted, the owners have also expressed an interest in retaining other pockets of existing mature trees on the site through the subdivision process, where feasible and where they are outside of building and functional yard areas, which will help to further enhance the character of the development.
Page 3 of 4 P66 Existing Zoning vs. Proposed Development
We wish to take this opportunity as well to reinforce and remind Council of the fact that that these lands are already zoned and designated for residential development. Based on the current R1 zoning, the lands could be subdivided to create fifteen (15) 2000 m2 (1/2 acre) lots without any further Council approval. Under this scenario, however, the District would only be entitled to acquire the minimum 5% park land (1550 m2) and would receive none of the proposed amenity contributions - approx. 940 m2 of additional public park land, park land development (top soil, seeding, new trees), 300 m of paved pedestrian path between Lantzville Road and Sunbury Road, landscape buffers, and a cash amenity contribution).
Further, from a planning perspective, the development of½ acre lots on urban services (water and sewer) is not a sustainable model for new development and represents a poor utilization of very expensive infrastructure, in particular where that infrastructure has capacity to support additional development, which will only add to the District's asset management burden over time.
Our proposal (30 lots) will also generate twice as many DCC's (approx. $630,000 for 30 lots vs. $315,000 for 15 lots), and we believe that it will likely generate approximately 60% more in property tax revenues than the development of½ acre lots under current zoning.
Closing
In closing, we believe that our application is aligned with the District's Official Community Plan and offers significant community amenities and benefits for Lantzville residents to offset the additional density we have requested (as per the process outlined in the OCP).
We are - in relative planning terms - proposing a development of large residential lots (average ¼ acre in size) in an area that already contains large residential lots (mix of ¼-acre, ½-acre, 1-acre+). We believe that the revisions contained herein represent a respectful response to neighbourhood questions and concerns, while still maintaining a financially viable project for our clients and providing long-term benefit and amenities for the community.
Please contact us if you have any questions or concerns with regard to the application or the information contained herein.
Sincere Regards,
Scott W. Mack, M.Arch., B.Sc. (PLAN), MCIP, RPP Managing Partner I Registered Professional Planner
ec: Nola Johnsen (Owner and Representative for all owners)
Attachments: 1. Conceptual Development Plan - Updated November 3, 2020 2. Lot Layout - Updated November 3, 2020
Page 4 of 4 P67 EXAMPLES OF CLUSTERS OF EXISTING MATURE TREES THROUGHOUT SITE TO BE IDENTIFIED AND RETAINED WHERE FEASIBLE (OUTSIDE OF BUILDING POCKET/ FUNCTIONAL YARD AREA) AT SUBDIVISION STAGE
COVENANT AREA (UP TO 6.0 M WIDTH) ALONG FUll WESTERN BOUNDARY TO PROTECT EXISTING VEGETATION · PLANTINGS TD BE AUGMENTED WHERE GAPS CURRENTLY EXIST AT DEVELOPMENT STAGE
Y TO PROTECT EXISTIN ON • PLANTINGS TO BE DWHEREGAPS TLYEXIST AT MENTSTAGE
.5 M PHAL L llE ROAD TO SUNBU
DEVELOPMENT STATISTICS • TOTAl SITE AREA: 3.105 HA (31,049 M2) • LOT AREA: 2.63S HA (26,345 M2) • PUBLIC PARK AREA: 0.249 HA (2.490 M2) • NOTE, PROPOSED PARK DEDICATION (8%} EXCEEDS LOCAL GOVERNMENT ACT REQUIREMENT Of S% PARK DEDICATION BY 60% • PUBLIC ROAD DEDICATION: 0.009 HA (93A M2) • STRATA COMMON PROPERTY: 0212 HA (2.120.6 M2) SUBJECT PROPERTIES: • TOTAL AREA ELIGIBLE FOR 7127 SABRINA PLACE (PIO: 0211-274-725) CALCutATION OF AVG. LOT SIZE: 2.884 HA (28,83S M2) (TOTAL LOT AREA • TOTAL PUBLIC PARK AREA) 7402 lANTZVILLE ROAD IPID: 0211-274·7331 • AVERAGE LOT SIZE: 0.09 HA (961.17 M2) 7384 LANTZVILLE ROAD IPID: 028.. 03 -134)
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AUP\AN'5AUD NfOflMATIONAR[ -- - ____ ] wtb: ~ownsitrp?.al'VllC'.g.c:.a ~lANNINC CONCt:,NAl Al(D SUl.ttl 10QVISlON P69 ATTACHMENT #11 ... Marina and Jon Hawkeswood 7354 Venture Rd Lantzville ,,mhawkcs\\·ood(iilhotmail.com October 19, 2020 marinahawke~wood@{gmail.com Dear Council, We had the opportunity to review the development proposal between Peterson Road and Sabrina Place. This letter addresses the conceptual development plan of Townsite in Nanaimo. The Townsite development proposal is not in the best interest of Lantzville residents. I have spoken with a number of locals in the nearby area, none of whom seem to be on board with the plan. Our ability to achieve consensus and provide a comprehensive report is limited by time, noting we have two busy boys, Jon a full-time medical practice and Marina with graphic design work and new Seaview PAC President commitments. Here are some thoughts: • The contractor is proposing a road between Peterson and Sabrina. It is too small of an area to cram in an extra street running north / south. An overhead map view of nearby streets and the proposed development area is very worthwhile, giving context to the plan and makes this point quite clear. It looks awkward and forced. • To my understanding, the OCP recommends an average lot size of 960 square metres. Given the large lots ofhigh value nearby, in our view, this calculation should be comfortably adhered to-or preferably exceeded. At first glance the current proposal seems to fall well short ofthat number. Are roadways being used for the calculation for spare land? • The extra road off of Sabrina Place will introduce unnecessary traffic between Lantzville Road and the new turnoff, making it a busy thoroughfare for any joggers and cyclists hoping to use that area. Smiling and happy people routinely walk this area because it is pretty and quiet, even with the ongoing construction. The Townsite proposal threatens this. • The proposed eastern walkway in forested land will have it's problems and should be avoided entirely. This seems self-explanatory. Areas should be lit up at night, given how many people visit the beach. P70 • We have endured a lengthy sewer install with plenty ofnoise, preceded by marginally regulated beach usage, also with noise. And now we are looking to double the construction with this proposal ... to be frank, is the current enjoyment of the area relevant for residents? Is there any reprieve? Conclusion: Ifhigh-density housing is crammed into this area, then essentially every resident in Lantzville will feel wlnerable. Perhaps that is one of the reasons why people were so upset with the Clark/Medd proposal. In my view, there are certain regions that would benefit from increased densification (such as along Ware Road between Lantzville Road and the Inland Highway), but this is not one of those areas. The reader should bear in mind that the location of Sebastian Beach has become quite busy. The residents bear a burden of increased traffic because of curious onlookers and beach attendees, above and beyond the vehicles from residents and their frequent visitors, so we are stuck with a lot of traffic already. It is only going to get worse. Kids won't be able to freely bike, due to numerous busy comers about the area. Parked cars are always extra dangerous in the context of busy traffic and there are no back laneways for reprieve (Yancouver's solution to the kid bike problem). Each ofthese lots may have four vehicles (two per family), not to mention the boats and trailers that will force them to park on the street. Sidewalks will help- but at the end of the day, we know that busy traffic still makes for crummy biking. The proposal does not introduce an area for kids to play, rather just a forested walkway where kids will be advised to avoid. Allowing this plan to move forward will necessitate residents to revisit why they live here. We have already seen an exodus of a number of families from the Sebastian Beach area, particularly those with financial means and other options, which is sad for those ofus hoping to set up residence permanently in Lantzville. We want the area to b~ kid-friendly, both for now and in the future - clearly this is a justifiable and sustainable approach. The state of the Sebastian Beach area has been under threat for the past few years (we reference the new graffiti on the rocks, as another example). Taking every possible step to protect this beautiful area will provide both pride and 2 P71 enjoyment for all of Lantzville. Suffice to say, jamming in a bunch of small lots together unnecessarily will make Lantzville feel less semi-rural. For the long tenn, it will probably lower everyone's property value in Lantzville. Attached is a rough drawing, an alternative consideration for the new layout. There is a beautiful view just to the west of the expansive new home on Sunbury, and a walkway running north-south from Lantzville Road to Sunbury is suggested to allow for onlookers to capture and enjoy it. Those lots near the water should be kept larger to keep the nearby residents happy. There should only be one cul de sac - larger, safer and with less driveways attached -- and this can be used for street hockey or other outdoor play as a kid-friendly destination. We believe our proposal is plenty fair for the property owners who will be wealthy from land sales, and there should be no surprises - they affinned future 0.5 acre lots for this development. We see no harm holding them true to their word. Finally, the taxes will be higher for the larger lots, and hopefully that satisfies revenue wants from staff. Whether the property taxes go up for the nearby all Lantville residents in the area (who reap the rewards of higher property values), well, this can be left to the district's discretion. The option will be there. We want to be proud of this community. This development is an opportunity to harness the charm, coziness, beauty and family-oriented elements of Lantzille, while moving forward in a monetarily viable manner. Unfortunately, there is a permanence to these choices, and the Townsite proposal as it stands will mean irreversible hann to the area. This proposal feels like the proverbial 'low hanging fruit' for financial recovery, and we challenge staff and council to focus on what makes Lantzville awesome, not average. Please see the attached drawing below. Best, The Hawkeswoods 3 P72 I (14 ..::-•~ \ ---- y•~ y•1 ', d' D / ~ fl l \ .-" / 'd"' I / ~ 'o/\ , _. ;,, ~D ------a i. - -- ~ 3 P73 Kyle Young From: Nelda Richardson Sent: Tuesday, September 29, 2020 10:42 AM To: Mayor Swain; Councillor Geselbracht; Councillor Proctor; Councillor Savage; Councillor Wilson Cc: Lantzville Management Subject: CORR: Trudy & Bruce Broadley (26 Sep 2020) Zoning Bylaw Amendment Application Lot 1 - Plan 98454; , Lots 4 & 5 - Plan #97929 File No.: 3360-20-20-3 - Zoning Bylaw Amendment for 7127 Sabrina Place, 7402 Lantzville Road & 7384 Lantzville Road -----Original Message---- From: Trudy Broadley Dear Council: We live on 7431 Lantzville Road and purchased our new home in late 2018 from the builder. We live close to Sabrina. We are writing to let you know we do not think that RS zoning should be approved for the area in question. It seems so wrong for this area. Tons of cars parked on the street. Seems unfair to the residents. If this plan is approved, we would have serious concerns that others around us with 2 acre parcels will follow suit. Then we would have small city surrounding us. Please dont let this happen. This is our retirement home. Thank you for your consideration. Trudy and Bruce Broadley 1 P74 , I' - I • SEP 2 :, ?v20 September 25, 2020 Dear Mayor and Council, I am writing this letter to respond to the open house regarding the proposed Sabrina Place Development. I understand that the staff have told the developer that they do not want green space included in this development, and are opting for a cash buyout for future park acquisition. I am deeply concerned at this decision and trend that seems to be happening in Lantzville. I would like to know who makes this decision. As you are well aware, we do not have an abundance of park/green space in lower Lantzville. If this decision is being made, I would like more information on proposed areas to be purchased. 1 have worked on committees over 36 years to acquire park /waterfront and it is not easy to find the properties or to convince neighbours around the property that it would be a good idea. It is my opinion and wish that green space be included in new developments as they occur. You will never get that opportunity back. The proposed 'trail' through the Sabrina development is a narrow path between the strata and houses. It will be on private property and not adequate park area. The district should not be taking a buy out from the development to bypass designating park area. One resident has calculated that there was a potential increase of 120 vehicles to that neighbourhood with the 30 houses plus secondary suites. With the over capacity already experienced at Sebastion Beach access, and the ongoing complaints from residents that live there, one can only imagine what that will look like with 60 to 120 more vehicles and the additional people visiting the beach area. It was pointed out by Scott that the OCP is meant to be changed as the need arises from proposed developments. l would like to say how disappointed l am that the large meeting discussions and kitchen table conversations that took place seemed to be lip service and now we are being told that that vision we created was only a discussion. It is my understanding that the OCP stated that development should retain the integrity of the surrounding neighbourhood(s) which is why zoning categories were created to guide future developments. Scott also mentioned that he was not taking notes, and would not be presenting our concerns to anyone as his job was only to share the proposal. I would question when the residents get to voice their concerns as residents before a crucial vote takes place? In closing, I am against the zoning change to higher, double the density for the Sabrina Place Development. Brenda J. McConachie 734 7 Lynn Drive, Lantzville P75 0 \ Counc,I D Circ. To Slaff RECEIVED September 22, 2020 ~ Mayor ~ Public Works ff...CAO. ,m: Planning SEP 2 4 2020 @.. Director of Finance ~ Fire Dept . .P[corp.Admin . □ Other _____ g--Agend.rr~ ------ti\c.-'0--J.: 0~ 2£0 - ,2.p ~-,b Townsite Planning 6670 Elm Road Lantzville BC V0R2H0 Att: Scott W. Mack We were away when you held your meetings about the development of 7127 Sabine Place, 7402 and 7384 Lantzville Road. This development would have a direct impact to us as our property is right next door and the density is too high. I heard there was also cost to Lantzville when lots are developed and it would take several years to recoup this monetary outlay in taxes. We are against this developme~nm _~•cord. Sincerely ~ Q J.,y(k., t Ron & Shirley Dixon 7420 Lantzville Rd, lantzville BC Cc: District of Lantzville P76 Kyle Young From: Nelda Richardson Sent: Tuesday, September 22, 2020 11 :52 AM To: Mayor Swain; Councillor Geselbracht; Councillor Proctor; Councillor Savage; Councillor Wilson Cc: Lantzville Management Subject: UPDATED (22 Sep 2020) CORRESPONDENCE: Sofia & Curtis La Bounty (18 Sep 2020) Lantzville resident opposition to OCP changes Our address is 7105 Sebastion rd Thanks, Sofia -----Original Message--- From: Nelda Richardson Sent: Monday, September 21, 2020 10:55 AM To: Mayor Swain File No.: 3360-20-20-3 -----Original Message----- From: Sofia La Bounty Both myself and my husband Curtis, residents of Lantzville of 15 years, oppose the proposed changes to the OCP in relation to the Sabrina/Sunbury development. We believe that Lantzville should retain its semi rural feel outside of the village core. While we are not against development in general, we are strongly opposed to the proposed amendment to reduce lot sizes to under 1/2 acre with the Sabrina/Sunbury development Our concerns include: -increased traffic on an already busy Lantzville rd. -not keeping with the surrounding areas - residents who have bought in this area came with the knowledge that it was zoned for 1/2 acre lots -adjacent neighbours will suddenly have up to 4 neighbours in their backyard. -the proposed new green space would actually be on strata land, therefore the access to the green space is not guaranteed for Lantzville residents/public. -on another note, we are also interested in knowing what the fire chiefs analysis is in regards to the laneway accessing the strata lots - if it permits enough access and egress points with only one road in and out. 1 P77 We sincerely hope that the council will listen to and value the feedback of this projects' nearby residents .. Sincerely, Sofia and Curtis La Bounty 2 P78 ,-RECEIVl:D .. 1 SEP 1 B 2020 John and Don Punshon, 7387 Lantzville Road, Lantzville, B.C., VOR2H0 September 18, 2020 To: Village of Lantzville Re: Application to Rezone 7127 Sabrina Place, 7402 Lantzville Road, and 7384 Lantzville Road. W.~, John and Don Punshon, the owners of 7387 Lantzville Road, request that the zoning reapplication to · the District of Lantzville by Townsite Planning Inc., for the land owners of 7127 Sabrina Place, 7402 Lantzville Road, and 7384 Lantzville Road, for the purpose of rezoning the aforesaid properties from Rl (Residential 1 Zone) to RS (Residential 5 Zone) be rejected for the following reasons: 1) An increase in hazardous accidents on Lantzville Road can be expected from increase~ traffic congestion at Sabrina Place intersection from the proposed increase in residential de1¥,iity (the proposed rezoning of 'Sabrina Place' appears to be from ½ acre to, 30 or more,¼ acre (estimated) lots), as well as from the impact resultant from the increase in motor traffic (particularly, from speeders) on Lantzville Road. The hazard of increased traffic on Lantzville Road to the current pedestrian traffic (children and parents walking to school, recreational walkers, and joggers}, as well as.to bicyclists, and other motorists, should be considered critical! Assuming there will be 2 persons per residence, with 30 residences in the proposed rezoning, with an average of 2 automobiles per residence, and each resident makes at least two trips (out and return) per day (for work, for shopping, for travel to recreational sites, for medical visits etc.), we can expect a hundred plus vehicles will be using the intersection of Sabrina Place and lantzville Road, per day. This calculation does not include visitors, or for home deliveries, or repairs, so a worst case scenario could mean hundreds of vehicles at this intersection per day! Therefore, considering the likelihood of traffic congestion at Sabrina Place and lantzville Road, assuming an approval for this rezoning plan with the resultant if)crease in urban density, it is imperative that Lantzville village undertake a traffic st udy prior to any rezoning. Also note, that the section of Lantzville Road adjoining the proposed development (between Leland, and Winslow) is a straight stretch which experiences periods of heavy traffic. We have noted on this section many drivers accelerating above the posted speed limit of 50 km, with some drivers acting like they are on a drag strip and exceeding 80 km/hr! Considering the current hazard from speeders to the many pedestrians, joggers, bicyclists, and motorists now sharing this section of Lantzville Road (from Leland Road to Winslow Road) the village should undertake the building of sidewalks, as well as bicycle lanes, from Leland Road through to the village center! P79 2 The village should also undertake the building of a traffic circle, or roundabout, at Sabrina Place intersection to manage traffic congestion resultant from the proposed residential density increase, as well as to facilitate a reduction of the current hazard from speeding motorists on the Leland to Winslow Road section of Lantzville Road to pedestrians, joggers, bicyclists, and other motorists alike. Alternatively, a series of traffic bumps could be constructed to reduce the risk from speeders! 2) Additionally, the lots on Lantzville Road, and Peterson Road, neighbouring the proposed rezoning area, which are zoned for 1/2 acre lots, can be expected to be detrimentally affected from the higher traffic volume (noise, air pollution, potential for vehicle collision), as well as from increased air pollution due to the number of Sabrina Place lots with a consequent increase in smoke from the burning of their fireplaces, and from outdoor wood waste fires! 3) A further consequence of the proposed 'Sabrina Place' development is the deterioration of an extended area of Lantzville's environment resulting from: smoke from fireplaces, from outdoor burning, from an increase in littering and from vehicle water pollutants! The lack of a recreational area close to Sabrina Place suggests that our local beach will be exposed to serious deterioration from this proposed increase in urban density to the lots adjoining 'Sabrina Place'. Undoubtedly, the environmental threat wilt come in the form of: an increase in litter, campfires, boating traffic, car traffic, wfth the consequent spilling of oils and fuels, etc., as well as from water pollutants from the washing of vehicles, and the spraying of herbicides on lawns and gardens, etc.I In conclusion, the potential hazard to public safety from the proposed rezoning of 'Sabrina Place' (from increased motor vehicle collisions with pedestrians, bicyclists, and other vehicles), as well as from threats to public health, and our local environment (owing to increased air pollution from burning as well as from traffic, increased littering of local roads, and beach area, and from increases in water pollutants (detergents, oils, motor fuels, etc.), we, John and Don Punshon, the owners of 7387 Lantzville Road, respectfully request that the zoning reapplication byTownsite Planning Inc., be rejected by Lantzville village council. Note: It is imperative that a traffic study on Lantzville Road be undertaken including the construction of sidewalks, interceptors (traffic circle, speed bumps), lowering of speed limits on Lantzville Road (from Leland Road to Lantzvilfe village center) to ensure the safety of pedestrian, bicycle, and motorist alike! Yours truly, John Punshon and Don Punshon P81 Kyle Young From: Nelda Richardson Sent: Monday, September 21, 2020 9:30 AM To: Mayor Swain; Councillor Geselbracht; Councillor Proctor; Councillor Savage; Councillor Wilson; Lantzville Management Subject: CORRESPONDENCE: Karen Mostad (19 Sep 2020) Proposed rezoning of property at Sabrina Place, Lantzville Road, and· Sunbury File No.: 3360-20-20-3 From: Karen Mostad I sent the email below to the councillors and mayor and did not receive a reply. I realized that my email maybe should have been directed to the district. Thanks! Karen Mostad From: Karen Mostad Dear Mayor and Councillors, I have Just attended the information meeting with regards to t he rezoning of the property located between lantzville Road and Sunbury and bordering Sabrina Place. I would encourage you to deny the application for rezoning based on the size of the proposed lots. The proposed lot size for some of the lots in this application is much smaller that the 1/2 acre lot size in the OCP and is better suited to areas in the Village Core and Village West. The application is somewhat misleading when it says that they want to go from 1/2 acre lots to 1/4 acre lots, because, even though the average size may be 1/4 acre, some of the proposed lots are significantly smaller than e.ven 1/4 acre. This means that 3 or 4 of the small lots in the strata area would back onto just one of the 1/2 acre lots already in existence on Peterson Road, which does not fit with the rural nature of that area. I would encourage you to follow the OCP and maintain the integrity of 1/2 acre lots in this area. Sincerely, Karen Mostad 7556 Lantzville Road 250-390-2316 1 P83 Kyle Young From: Nelda Richardson Sent: Monday, September 21, 2020 8:37 AM To: Mayor Swain; Councillor Geselbracht; Councillor Proctor; Councillor Savage; Councillor Wilson Cc: Lantzville Management Subject: CORRESPONDENCE: Gail Thomson (18 Sep 2020) To the Attention of Council - Rezoning of 7402, 7384 Lantzville Rd & 7127 Sabrina Pl File: 3360-20-19-3 From: Gail Thomson Mayor & Council, Subject: Rezoning of 7402, 7384 Lantzville Rd & 7127 Sabrina Pl Having spent some 40+ years residing in the north end of Nanaimo, I have been witness to much growth and development in the area. Where once I enjoyed peaceful living in Nanaimo I slowly began to feel like I was living in a fishbowl, at that point I knew it was time to make a change. Lantzville district had always been a dream and finally S years ago it was time to make it a reality. Living so close to the amenities that Nanaimo has to offer but feeling a million miles away has so many benefits. Space to breath and relax with family and friends, exchanging pleasantries with neighbours ( though further apart physically, close.r in spirit), feeling the safety net of a small community ( watching as young children play outdoors and walk to school independently and with confidence that their community is taking care of them ). Like so many others I have met wit hin the Lantzville district, this feeling of peace and being one with nature is what has drawn many to the community. It is not that I do not wish to see development within the Lantzville district, but understand that many residents enjoy the lifestyle afforded by larger residential properties and wish to see these areas of the community protected and maintained, and that the district had stated that they are in support of this desire. I had hoped that the purpose for and goal of the OCP would encourage: 1. new development to "fit in well" with the surrounding area, to plan and design neighbourhood additions consistent in form and character with the surrounding area, maintain community character and avoid "cookie-cutter" development, and 2. to avoid "too much too fast" by clearly defining the Village and other special planning areas, encouraging growth, higher-density residential development, and diversity in these areas so as to experience less pressure for growth in other areas of the community If reading the OCP correctly ( 11.10.3 Guidelines Applicable to All Development - Neighbourliness) the scale, form, and character of new development will enhance and be compatible with the existing character of surrounding properties, and that development will respect the tranquility and privacy of nearby properties. At present the neighbourhood is comprised mainly of 1/2 acre through 1+ acre parcels. Keeping the above mentioned points in mind I would fully support the land in question being used for the existing zoning of 1/2 acre lots, understanding that each new residence would be allowed a secondary suit or carriage home, ultimately allowing for approximately 30 new dwellings within in the Lantzville district. By maintaining the current zoning on these properties we will: 1 P84 1. encourage the new development to fit in well with the surrounding area, 2. preserve our peaceful, more semi-rural/ small town feel by avoiding a cookie-cutter subdivision, and 3. encourage developers to focus higher density residential near the Village Core. Gail Thomson 7386 Sunbury Rd 2 PSS \RECEIVED September 17, 2020 I SEP 1 7 2020 Iu 1s 1R1c1 ,J r LAr,n Lv1LL.t:. To: Village of Lantzville From: Debra Punshon RE: Bylaw Amendment on Sabrina and Sunbury Roads I am opposed to this development for the following reasons: 1. Heavy increase in traffic as each household in Lantzville usually has a minimum of 2 vehicles and often 4 or 5. Most people make multiple trips in a day. This traffic is a danger to pedestrians as we do not have proper sidewalks {aside from upper Peterson Rd.), creates noise pollution already high from our current volume of traffic and compounded by the heavy noise we already experience from the main highway and would also create increased pollution and congestion. To say nothing about destroying the peace and calm once enjoyed in our village, high levels of traffic and noise are well known to cause health problems and to decrease healthy brain functioning. 2. Since we voted to become a village in order to retain a more rural feeling, this would certain destroy that concept completely and we should probably hold a referendum to consider joining Nanaimo. If there is no benefit to being a village, then it is probably cheaper to the taxpayer to join Nanaimo. 3. I am dismayed by how many things are overlooked and ignored in developments in this town. We already have huge developments happening in Upper Lantzville and yet we HAVE VIRTUALLY NO RECREATIONAL FACILITIES for these people. Apparently shopping is supposed to suffice. All residents in North Nanaimo and Lantzville are shockingly far from any form of recreation. We all have to go to downtown Nanaimo to get to a swimming pool or a skating rink. Our parks in Lantzville are miniscule such as Sebastian Park and the bench at the corner of Dickinson and Lantzville Roads. The one sidewalk running down the middle of the proposed development cannot be considered a park. It is a walkway {period). In Vancouver, I have seen signs that show the skyline and how mountain views have been preserved as new buildings are constructed. It should be a priority to PRESERVE OUR OCEAN VIEW. This P86 should mean that no building other than a two level single family dwelling should ever be constructed near the waterfront. Development of this kind should be in Upper Lantzville only. 7273 Bayview Rd PO Box 171, Lantzville BC VOR 2HO • Extra note: Should you be determined to ram this development down our throats, the very least that should be included is a traffic circle at the top of Sabrina to force people to slow down. However, this will not help me trying to get out of Huddlestone Road or people attempting to exit Harper, Winslow, Peterson or Sebastian roads. As current traffic on Lantzville Road is very heavy, I often have to wait for several minutes to exit from Huddlestone Road. When there is an accident on the main highway, all traffic is directed through Lantzville and we have a constant stream of vehicles going at speeds of 80 kms a~ times. Then it is impossible to get onto Lantzville Road. For this reason alone, it would be a good idea to put in a traffic circle. P87 Kyle Young From: Nelda Richardson Sent: Thursday, September 17, 2020 12:40 PM To: Mayor Swain; Councillor Geselbracht; Councillor Proctor; Councillor Savage; Councillor Wilson Cc: Lantzville Management Subject: CORRESPONDENCE: Beth and Ryan Neilson (17 Sep 2020) Opposition to Sabrina Road Rezoning Application File No.: 3360-20-20-3 From: Beth Neilson Dear Lantzville Mayor and Council, We are writing to express our concerns regarding the proposed development and rezoning application at 7127 Sabrina Road, 7402 Lantzville Road, and 7384 Lantzville Road. We are a couple in our thirties who moved to Lantzville in 2018. We were initially drawn to Lantzville for its semi-rural charm, the proximity to the ocean and forests, and the quiet and safe streets for our future children. We chose the Peterson/Sabrina neighbourhood specifically for its large and charming 0.5+ acre lots - we immediately felt "at home" here. We love spending time in our yard, growing food for ourselves and our neighbours. We relish being immersed in nature and watching the wildlife play amongst the treed areas on our property. We enjoy watching the local children play safely in the street. We are proud to live in this small, community-minded village. When we first bought our home, we knew that our property backed onto land that would likely eventually be developed. However, we felt assured that the future development would not significantly impact our neighbourhood, as the property in question is zoned Rl and does not fall within Lantzville's Village Core or Special Plan Areas for higher-density development. We trusted that any future development would be quite reasonable and in line with the rest of the properties in our neighbourhood. In fact, the owners of the property told us on numerous occasions that they were eventually planning to build homes on 0.5 acre lots so that their family members could move back and enjoy the quiet and peaceful community. Needless to say, we were shocked when we saw the Sabrina development plans and proposal for rezoning to a new "RS" designation. It is almost incomprehensible to imagine how a subdivision of multiple small lots (as small as 0.173 acres) would impact our neighbourhood. This proposed development would see at least 3 houses backing onto our property, where we had expected one. We shared our concerns with the consultant/planner, Scott Mack of Townsite Planning, at the information session last night. Mr. Mack claimed that this development proposal was supported by the OCP and that the owners planned to provide "cash in lieu of green space" to Lantzville. We were told that "Lantzville is classified as an urban or semi-urban community now." This is certainly not our understanding or our hope for the future of our community. We believe that the OCP statement on Residential lots (5.2.7) still rings true: ''Many residents ofLantzville enjoy the lifestyle afforded by larger residential properties and wish to see these areas oft he community protected and maintained. The District is supportive of this desire." 1 P88 In general, we are supportive of thoughtful community growth and development planning. We are pleased to see some of the positive changes coming to the Village Core. We recognize the economic benefit that additional homes could bring to our village, and we support slow and meaningful development as laid out in the Official Community Plan -- especially in those areas that can support additional infrastructure, such as areas close to the Village Core. We believe the Sabrina development, as it is currently proposed, would forever change the look and landscape of our neighbourhood, and of our village as a whole. We worry about the precedent that would be set for future developers if this proposal were approved. The impact of additional vehicle traffic would greatly impact the ability for our future children to play in the streets of our neighbourhood. The loss of green space would be devastating to local flora and fauna, something that is already a very real concern for Lantzville. And the small, cookie-cutter lots would give our community a "North-of-North Nanaimo" look -- something we tried to · avoid by moving to Lantzville. It is disheartening to see that Townsite Development's website brags that they specialize in OCP Amendments. After all the work that Lantzville put towards the OCP, we would hope that Council will keep the OCP vision and community feedback in mind when considering these significant rezoning applications. We fear that approving this RS rezoning application would set an ongoing precedent for higher-density development in our village's outlying residential areas and could forever affect the quaint, small-town charm of our beautiful village. As Lantzville moves forward with thoughtful development planning, we respectfully ask Council to maintain the current Rl zoning in our neighbourhood and deny the proposed rezoning application. Thank you for your consideration. Sincerely, Beth and Ryan Neilson 7131 Peterson Rd. Lantzville, BC 778-288-7427 [email protected] neilson [email protected] 2 P89 Kyle Young From: Nelda Richardson Sent Thursday, September 17, 2020 12:10 PM To: Mayor Swain; Councillor Geselbracht; Councillor Proctor; Councillor Savage; Councillor Wilson Cc: Lantzville Management Subject: CORRESPONDENCE: Susan Cormie (16 Sept 2020) Public Information Meeting for rezoning application at Sabrina Place and Lantzville Road · File No.: 3360-20-20-3 Nelda Richardson I Deputy Director of Corporate Administration District of Lantzville I 7192 Lantzville Road, PO Box 100, Lantzville, BC V0R 2H0 T: 250.933.8081 F: 250.390.5188 E: [email protected] This email and any attachments are for the use of the· intended recipient oflly i!fld may be confidential, privileged and subject to disclosure under the F,eedom of Information and Protection of Privacy Act. If you are not the· intended r.ecipoonl. you are hereby notified that any review, retransmission, print ing, copying. circulation or other use of this message and any attachment, is. strielly prohibit ed. If you received this message in error, please notify me by return email and delete this message, any attachments and any copy of the messag.e and attachments.fr om '\!OUr system. From: Susan Mayor and Council I attended one of the sessions today concerning the above noted amendment application. It appeared that there was no one from the District of Lantzville taking notes of the comments made by members of the community. So I can only assume that Council will not be made aware of the public input as there will not be a corresponding staff report outlining all comments made at this meeting. I only attended one of the 3 meetings so I can only tell what was said by various residents at the meeting I attended. Comments heard are as follows: 1. Concern for traffic volume; suggestion was made to construction a 'button' intersection at Lantzville and Sabrina to help with traffic calming. A traffic study needs to be conducted. 2. Concern for the need for park land. The developer's planner stated staff told him the District does not want park land in this area. This is rezoning application and why not consider park land dedication. Residents indicated they would like to see some park land. 3. Developer's offer for strata private space to be used as a trail for the general public is not great as it crosses a proposed private strata road. 4. Concern for possible danger trees adjacent to existing properties on Peterson Road . 1 P90 5. Concern for increase in density. The proposal is to double the density., residents did not support this. 6. Concern for on-site parking on small parcels which allow a dwelling and a secondary suite. 7. Concern for the doubling of community water connections for this application. As connections are limited, are there not better locations to allocate water connections, such as the village core. 8. If this rezoning proceeds and the plans are only conceptual with an offer of a private trail to the public, what guarantee is there the plans as submitted will be built? There may have been additional comments made; these are ones I can remember as I was not taking notesl It was my impression that most people did not support the proposal as submitted. I trust I will receive an acknowledgement that this email has been received. Sincerely, Susan Cormie Sent from Mail for Windows 10 2 P91 ATTACHMENT #12 5.2.7 I Residential Many residents of Lantzville enjoy the lifestyle afforded by larger residential properties and wish to see these areas of the community protected and maintained. The District is supportive of this desire and has adopted the following policies for Residential Lands: 1. Permitted uses include single-unit housing, secondary suites, carriage houses, home occupations, parks, recreation, utilities, places of worship, schools, and fire halls. 2. For subdivisions, the gross development density of areas designated Residential outside the Village area is 5 units per hectare (2 units per acre), with municipal water and sewer services. 3. Density Bonus is explained in Part 2, Section 8 of the OCP. The District may apply a bonus density in Residential areas outside Special Plan Areas without amendment to this plan where the development plan includes parkland acceptable to the District in addition to the required 5% dedication required under the Local Government Act and a Community Amenity Contribution. 4. A range of lot sizes in new subdivisions will be encouraged. Density bonus, averaging, and clustering provisions in Part 2, Section 8 and Part 3, Section 11 of the OCP apply. Where density bonus, averaging, and clustering are applied in residential areas outside the Village and Special Plan Areas, a target average lot size of 960 sq.m. will be encouraged after dedication of public open space, trail, and road corridors. Where parcels are proposed smaller than 960 sq.m., there would need to be an offsetting increase in parcels larger than 960 sq.m. For purposes of calculating the average, the land dedicated as parkland, including bonus parkland, may be included. If no bonus parkland is dedicated (e.g., in cases of less than four lots or where cash in lieu is approved), meeting the average parcel size target may not be achievable, but the principle of varied lot sizes is encouraged. 5. Outside the ALR, farm clusters may be considered by the District. Farm clusters would use the density bonus, averaging, and clustering provisions in Part Two, Section 8 and Part 3, Section 11 to concentrate residential uses on a small portion of the property with community water and sewer services. The majority of the parent property would be maintained as private (common) property in open space/ farm uses, with a no-subdivide covenant to protect this open space in perpetuity. Public access rights of way may be negotiated at edges of the open space. District of Lantzville Official Community Plan 2019 62 P92 DISTRICT OF LANTZVILLE SUBJECT OFFICIAL PROPERTIES COMMUNITY PLAN MAPN0.5 MUNICIPAL ROADS, FACILmES AND TRAILS c:::J otstrlct or l onlzvffle Boundary __ Highway (Mlntltry of Transportation and lntrastrueue) - - M1jor Joumeyway/Road ROW -- Local Jotm• yway/ROM ROW Proposed J«meyway/Ro&d ROW EmtlngTrall Prcposod Trall P()tfl"ltlt\l Tral $11bioct to At.C Approval 0 ..ch I.ow Tlde Wolk 0 S.0naflt9d lnter,e 0 ~:~~tlconl'j) • :;:"U:' :::::t~) ALC ~rove! D Munldpal p,.. □ -•!Hal l!!!!!} FlreHall [:J Sea....tew EJemenlery School LJ C..lln Community Ha• DYi.AW NO. 150. 2019 Moye. 201e ATTACHMENT #14 District of Lantzville COMMUNITY AMENITY CONTRIBUTIONS Approved by Council June 15, 2020 ------ 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. Approved June 15, 2020 Page 1 of 5 P94 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. 1------·-···· ------. -- ·-·- ---·- l_~PP~ICATION 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. I 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. ITIMING & USE OF CONTRIBUTIONS 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. Approved June 15, 2020 Page 2 of 5 P95 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. !~C_O_M_M_U_N_ITY__ A_M_E_N_ITY_C_O_N_TR_I_BU_T_IO_NS ______-°] 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) Beach road end improvements j) Community signage (highway signage, entrance signage, wayfinding signage) k) Community water infrastructure I) Community sewer infrastructure m) Community beautification and public art n) 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 community amenity contributions and a Phased Development Agreement to replace the existing covenant (development agreement). Approved June 15, 2020 Page 3 of 5 P96 22. The Municipality will maintain a publicly-available list of community amenity contributions agreed to for Zoning Bylaw amendment applications. I_ITEMS THAT ARE NOT COMMUNITY AMENITYCONTRIBUTIONS _____ ,.______. . --· . ; 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 I DEFINITIONS 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. Approved June 15, 2020 Page 4 of 5 P97 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 ass.isted living and community care facilities licensed in accordance with the Community Care and Assisted living Act. Approved June 15, 2020 Page 5 of 5 P98 ATTACHMENT #15 TERMS OF INSTRUMENT - PART 2 THIS COVENANT is made pursuant to Section 219 of the Land Title Act, R.S.B.C. 1996, c.250 BETWEEN: Property Owner Street Address City, Province, Postal Code (the "Owner") AND: DISTRICT OF LANTZVILLE 7192 Lantzville Road, PO Box 100 Lantzville, B.C. V0R 2H0 (the "Municipality") WHEREAS: A. The Owner is the registered owner of land located in the territorial area of the Municipality and legally known and described as: PID Legal Description (the "Land") B. The District of Lantzville is a municipality incorporated and operating pursuant to the provisions o_f the Community Charter, S.B.C. 2003, c.26 and the Local Government Act, R.S.B.C. 1996, c.323 and preceding legislation thereto; C. Section 219 of the Land Title Act, R.S.B.C. 1996, c.250, provides that a covenant of a negative or positive nature in respect of the use of the lands, to restrict building on the land, and to preserve amenities, may be registered as a charge against title to land in favour of a municipality. D. The Owner has applied to the Municipality to rezone the Land to facilitate subdivision and development of the Land and, prior to the Municipality rezoning the Land, the Owner has agreed to grant this Covenant to ensure· that subdivision and development of the Land is carried out in a manner set out herein. 1 P99 NOW THEREFORE, in consideration of the sum of $1.00 paid by the Municipality to the Owner, the receipt and sufficiency of which is hereby acknowledged by the parties, the Owner covenants and agrees with the Municipality pursuant to Section 219 of the Land Title Act, R.S.B.C. 1996, c.250, as follows: Definitions 1. In this Covenant, "subdivided" means registration of a subdivision plan with the Land Title and Survey Authority of BC and for clarity does not mean application for or issuance of a Preliminary Subdivision Review (PSR) by the Municipal Approving Officer. Restrictions on Use, Development and Subdivision 2. The Land must not be subdivided or used, nor any building or structure constructed, sited or placed on the Land, except in accordance with this Covenant. 3. The Land must not be subdivided until all of the following have been provided and completed: (a) the Owner provides to the Municipality a financial community amenity contribution in the amount of $3,000 per each new additional parcel up to a maximum of $45,000. (b) at least 2,418 m2 of public parkland is dedicated in the approximate location shown in SCHEDULE 1 of this Covenant. (c) the public parkland referred to in provision 3(b) of this Covenant is improved to the satisfaction of the Municipal Approving Officer, including invasive species removal, topsoil, seeding, and trees. A landscape plan prepared by a landscape architect is required. (d) a 1.5 m wide asphalt pathway is constructed in the approximate location shown in SCHEDULE 1. (e) a buffer, including a covenant and reference plan, is establi&hed in the locations shown in SCHEDULE 1 to act as privacy screening. As determined by the Municipal Approving Officer, the buffer area will range in width, up to 6 m, depending on the extent of existing vegetation in the buffer area. In areas with existing, mature vegetation, the buffer area may be 6 m wide. In areas where existing vegetation is sparse, the buffer area will be narrower and a hedgerow may be planted, as determined by the Municipal Approving Officer. In order to identify for future owners that this is a buffer area, one sign per parcel adjoining the buffer area that is attached to a 6x6 foot wood post must be placed at the approximate midpoint of the parcel at the covenant area boundary and contain explanatory wording, such as "BUFFER AREA, NO DISTURBANCE (AS PER S.219 COVENANT)". The covenant must prohibit hedge or tree removal in the covenant area, unless a certified arborist determines that the tree poses an imminent hazard to life or property, as approved by the Municipality. The covenant must also prohibit removal of the buffer signage and prohibit siting of structures in the covenant area. 2 P100 Withholding of Approval 4. The Owner agrees that the Municipality or Municipal Approving Officer may, acting reasonably, withhold the approval of a subdivision, development permit, or building permit which does not comply with any provision of this Covenant. Inspection 5. The Municipality, including its officers, employees and agents may inspect the Land or any building or structure on the Land, to determine whether the provisions of this Covenant are being or have been complied with. Enforcement Remedy of the Municipality 6. If the Municipality believes that the Owner is in breach of any term or terms of this Covenant: (a} the Municipality may serve the Owner with written notice setting out particulars of the breach; and following service of the said notice; (b} the Owner must immediately or within any time period specified by the said notice, remedy the breach or make arrangements deemed satisfactory by the Municipality to remedy the breach. 7. If the Owner does not remedy a breach as specified in this Covenant, the Municipality is entitled to enter the Land and remedy the breach at the sole cost of the Owner. Notice 8. Whenever provIs1on is made for notice to be given to the Owner pursuant to this agreement, notice is deemed to have been given when delivered personally to the Owner, or to an officer or director of the Owner, or when mailed by prepaid registered mail to the registered and records office of the Owner, on the fourth day following the date of mailing. Notice to the Municipality is deemed to have been given when delivered personally to the business office of the Municipality, or when mailed by prepaid registered mail to the postal address of the Municipality, on the fourth day following the date of mailing. Non-Enforcement 9. Notwithstanding any provision of this Covenant, the Municipality is under no obligation to enforce any provision of this Covenant. Indemnity 10. The Owner must indemnify and save harmless at all times the Municipality, its officers, employees, contractors and agents from and against any proceeding, claim or demand which may be made in relation to restrictions imposed by this agreement or in relation to any obligation required to be performed under this agreement. 3 P101 11. This indemnity applies to any act or omission occurring while the Owner is an owner of the Land, notwithstanding that the Owner may have ceased to be an owner of the Land, and must survive the release of this Covenant from title to the Land in relation to acts or omissions occurring before such discharge. Performance at Cost of Owner 12. Unless otherwise expressly provided for herein, whenever the Owner requests something to be done, or is obliged or required to do or cause to be done any act, matter or thing, such act, matter or thing must be done by the Owner at its sole expense. Interest in Land and Enurement 13. This Covenant must charge the Land pursuant to Section 219 of the Land Title Act and the burden of all covenants herein must run with the Land and charge the Land and every parcel into which the Land may be subdivided. 14. This Covenant enures to the benefit of and is binding upon the parties hereto and their respective successors, heirs, administrators and assigns. 15. No liability for any breach of this Covenant occurring after a person has ceased to be an owner of the Land, or any parcel into which the land may be subdivided, must attach to that person. Amendment and Waiver 16. No amendment or waiver of any provision in this Covenant is valid unless it is made in writing and executed by the Owner and the Municipality. Release of Covenant 17. This Covenant must be of no force and effect if the Municipality declares in writing that the Covenant is to be release from title to the Land. 18. In the event that the rezoning application is not approved by the Municipality, this Covenant must be released from title. The Owner must deliver a release document to the Municipality for signature and file the release document with the Land Title and Survey Authority of BC. Severability 19. All provisions of this Covenant are to be construed as independent covenants and should any provision thereof be held invalid by a Court of competent jurisdiction, that portion must be severed, and the invalidity or unenforceability of such provision must not affect the validity of the remainder, which is to remain binding upon the parties and remain a charge upon the Land. 4 P102 Time of the Essence 20. Time is of the essence of this agreement. Further Acts 21. The Owner covenants and agrees to do and cause to be done all things, and to execute and cause to be executed all plans, documents and other instruments which may be necessary to give proper effect to this Covenant. No Exemption from Jurisdiction 22. Nothing in this Covenant exempts the Owner or the Land from any statutory requirement or from the ordinary jurisdiction of the municipal council of the Municipality, including its bylaws, permits, regulations and orders. 23. The construction of any works or services required to be provided by this Covenant must not confer any exemption or right of set-off from development cost charges, connection charges, application fees, user fees or any other fee or charge of whatever nature, except as statutorily required. Interpretation 24. Wherever the singular or masculine is used herein, the same must be construed as meaning the plural or the feminine or the body corporate or politic where the context so requires. Entire Agreement 25. This Covenant constitutes the entire agreement between the parties, and the Municipality has made no representations, warranties, guaranties, promises, covenants or agreements to or with the Owner in relation to the subject matter of this Covenant other than those expressed in writing herein. Priority Agreement 26. The Owner must, at the expense of the Owner, do or cause to be done all actions reasonably necessary to grant priority to this agreement over all financial charges and encumbrances which may have been registered against the title to the Land save and except those specifically approved in writing by the Municipality or that are in favour of the Municipality. Execution 27. As evidence of its agreement to be bound by the above terms, the Owner has executed and delivered this Covenant by executing the Land Title Act Form C to which this Covenant is attached and which forms part of this agreement. 5 P103 28. The Owner agrees to do everything necessary at its own expense to ensure that this Covenant, and the interests it creates, is registered against title to the Land, with priority over all financial charges, liens and encumbrances registered or pending registration in the Land Title Office at the time of application for registration of this Covenant at the appropriate Land Title Office. 29. By executing and delivering this agreement, each of the parties intends to create both a contract, and a deed and covenant executed and delivered under seal. 6 P104 SCHEDULE 1 I REM 1 lC=:J FEE SIMPLE LOTS I I PUBLIC PARK LANDS 2 j I I r -- C=:J BARELAN D STRATA COVENANT AREA (UP TO 6.0 M ' I WIDTH) ALONG FULL EASTERN l r-, VEGETATED BUFFER BOUNDARY TO PROTECT I L___J I EXISTING VEGETATION · . C=:J S.R.W. FOR PUBLIC ACCESS PLANTINGS TO BE AUGMENTED WHERE GAPS CURRENTLY EXIST ( ♦••• • I •• \.• SITE BOUNDARIES AT DEVELOPMENT STAGE COVENANT AREA (UP TO 6.0 M I WIDTH) ALONG FULL WESTERN BOUNDARY TO PROTECT EXISTING VEGETATION - PlANTINGS TO BE EXISTING LEGAL AUGMENTED WHERE GAPS BOUNDARY BETWEEN CURRENTLY EXIST AT r-----1 7402 AND 7384 DMLOPMENT STAGE LANTZVILLE ROAD I I I A ! ' I I ( LOTlS I _,., r I DEDICATEO (PUBLIC) PARK LAND SL3 (2490 m2) W/ 1.5 M ASPHALT LOT14 71UW TRAIL TO CONNECT LANTZVllLE I _._, ROAD TO SUNBURY ROAD. I 2 3 SL4 110.l fflil j EXISTING SFD (TO LOT13,.., ... f SITE BOUNDARIES REMAIN) LOT4.... ,.., ! I l SLS ! ZIU.-2 l I L011Z l LOT3 Ill I NU-' > l a, SL6 I - 7IO'lail I :a ! z :a I I LO.,.,TZ.., .,,> g s;: C SITE BOUNDARIES n m LOlll ...... L LOT1 101'S0"2 4.5 M S.R.W. FOR PEDESTRIAN ACCESS ACROSS COMMON PROPERTY EXISTING SFD (TO BE REMOVED) 1------.. L019...,.., A i COVENANT AREA (UP TO 6.0 M LOTS i WIDTH) ALONG FULl EASTERN "1.Jr.1 ~ BOUNDARY TO PROTECT EXISTING VEGETATION - PLANTINGS TO BE AUGMENTED WHERE GAPS LOT 7 .i CURRENTLY EXIST AT DEVELOPMENT STAGE 'f2Nftl i LANUVllLE ROAD --- --7-- - I -- - DEDICATED (PUBLIC) PARK AREA (2490 m2) ------, W/ 15 M ASPHALT TRAIL TO CONNECT PROPOSED ROAD DEDICATION (Approx. 93.4 m2) EXISTING SFD (TO BE REMOVED) LANTZVlllE ROAD TO SUNBURY ROAD. 7 P105 ReaIstnt>utea Novemcer 1 ts, £U£U tram me November 2, 2020 regular Council meeting District of Lantzville REPORT TO CHIEF ADMINISTRATIVE OFFICER Meeting Date: Novembe17'2020 SUBJECT: LeakAdjustment Request Utility Account 003-09725470-000 7319 Millard Drive PURPOSE To consider Michael Dixon's request for a leak adjustment to his utility account for 7319 Millard Drive. RECOMMENDATION THAT the request for adjustment to utility account #003-09725470-000 for 7319 Millard Drive be denied. ALTERNATIVFS AND IMPLICATIONS 1. THAT the request for a leak adjustment to utility account #003-09725470-000 for 7319 Millard Drive be authorized in the amount of $1,023.14, in contravention of Water System Bylaw No. 140. 2. Other action as directed by Council. BACKGROUND/RELEVANr HISTORY In April 2018, Council adopted Water System Bylaw No. 140, 2018 that includes in clause 56 - Leak Adjustment Requests, authorization for the Director of Public Works to adjust utility invoices, subject to specified conditions (see Attachment #1). Water System Bylaw No. 140 includes a unique re-delegation in clause 56, that also provides that where requests for leak adjustments due to some circumstances do not meet the criteria for the Director's authorization, the approval of the leak adjustment request is at the discretion of Council. On September 30, 2020, the District of Lantzville sent notification to Michael Dixon about high water consumption at 7319 Millard Drive, and he received a higher than usual quarterly utility bill. District of Lantzville Public Works employees went to 7319 Millard Drive and it was determined that there was an irrigation leak. Michael Dixon wrote to the District requesting a leak adjustment on October 5, 2020, via e-mail. The Director of Public Works approved the leak adjustment request for an irrigation leak, which would reduce the amount of the utility bill by $355.86. The cost of the entire leak is not covered due to section 56 ( d)(i) of Water System Bylaw No. 140, 2018 as follows: "In the case of a leak resulting in a faulty irrigation line the property owner is responsible for their utility invoice up to a maximum of $500 with anything over and above $500 being split 50/ 50 between the property owner and the District of Lantzville. P106 District ofl..antzville November 2, 2020 Regular Council Agenda- Leak Adjustment Request Utility Account #003-09725470-000 7319 Millard Drive Page2of2 Michael Dixon responded via letter on October 18, 2020 requesting reconsideration and approval of a leak adjustment to bring the billing back down to the amount of his regular bill, which is generally at the base rate level for water, sewer, and garbage. He outlined that he recognizes that the bylaw does not allow for a full leak adjustment, but that the billing as it currently stands would put his family into financial hardship. ATIACHMENTS 1. Attachment 1 - Excerpt from Water System Bylaw No. 140, 2018, pages 12 and 13, Leak Adjustment Requests clause 56 2. Attachment 2 - District to Michael Dixon High Water Consumption Notification (September 30, 2020) 3. Attachment 3 - District of Lantzville Water Leak Adjustment Form (Approved October 5, 2020) 4. Attachment 4 - Michael Dixon Requesting Reconsideration For Full Leak Adjustment (Letter dated October 18, 2020) ANALYSIS/RATIONALE According to Water System Bylaw No. 140, the leak adjustment should be denied based on section 56(d)(i), as the request for the leak adjustment was for a faulty irrigation line. However, section 56(f) of the bylaw outlines that in some circumstances, request for leak adjustments may not meet the above criteria, and in those cases the approval of leak adjustment requests is at the discretion of Council. 1. Financial/Budget Implications If the leak adjustment is approved, Michael Dixon's utility account would be adjusted down to $223.24 (base rate for water $65.28, base rate for sewer $123.30, base rate for garbage & recycling $34.66), and District of Lantzville water and sewer revenue would decrease by $1,023.14. Prepared by: Approved for submission to Council: ~~ Jamie Slater Ronald Director of Financial Services Chief rum:mfS· ·ve Officer Date: October 27, 2020 Date: October 27, 2020 rporate □ Fire Rescue lie □ RCMP Administration Works □ Financial Services □ Plannin □ Solicitor □ Committee: □ Other: COUNCIL AGENDA INFORMATION: Re ar November 2, 2020 Closed (In-Camera) Committee of the Whole File Number: 1640.20 WTR T:\DISTRICT OF LANTZVILLE\Reports to Council\2020\2020 1102 Leak Adjustment Request Utility Account Michael Dixon.docx P107 District of Lantzville Water System Bylaw No. 140, 2018 Page 12 of 22 PART 6-CHARGES FOR SERVICE Connection and Abandonment Fees 50. The owner must, on making application for a service connection, a tum on or turn off, or the abandonment of a service connection, pay to the District the applicable fee prescribed in the Miscellaneous Fees and Charges Bylaw. Addition to Taxes 51. All fees and other amounts that the District may recover in relation to the water service charges imposed under this Bylaw and all charges for work done or services provided by the District, whether on default or otherwise, if unpaid on December 3 I st in any year, may be treated as taxes in arrears by the Director of Financial Services. User Fees 52. The consumer whose property is connected to the water system must pay to the District, in addition to any other rates, charges and fees for the use of the water system imposed under other enactments, the fees established in the Miscellaneous Fees and Charges Bylaw for that property on the date specified on a bill or invoice from the District. 53. The user fees established for a property shall apply as of the date of occupancy, except that for un-metered accounts, the rate charged for the first and the final bi})ing period shall be prorated to the nearest full month of service. 54. Non-receipt of the utility bill will not be recognized as a valid excuse for failure to pay the fees when due, 55. Every owner of land or real property in the water service area identified in the District's Official Community Plan Bylaw, that fronts or is within 20 meters of a watermain, and is connected to the water system, shall pay applicable fees for connection and installation as established in the Miscellaneous Fees and Charges Bylaw. Leak Adjustment Requests 56. All requests for adjustments to utility invoices must be received by the District Office within thirty (30) days of the date noted on the invoice. The Director is authorized to adjust utility invoices where there has been an in-ground leak identified and repaired, subject to the following conditions. (a) The property owner advises the District of Lantzville, in writing, that an in-ground leak has been identified and repaired. ATTACHMENT 1 - Excerpt from Water System Bylaw No. 140, 2018, pages 1.2 and 13, Leak Adjusbnent Requests Clause 56 P108 District of Lantzville Water System Bylaw No. 140, 2018 Page 13 of22 (b) The property owner has supplied the District with detailed receipts showing proof of repairs (i.e., plumber's invoice, receipts for materials, etc.). (c) Verification by the Maintenance Technician that repair work has been undertaken and completed. (d) The leak relates only to the main water line inc11'ding any mainline tees and mainline couplers connecting the water meter to the residence or commercial building; OR i) In the case of a leak resulting in a faulty inigation line the property owner is responsible for their utility invoice up to a maximum of $500 with anything over and above $500 being split 50/50 between the property owner and the District of Lantzvi1le. (e) All property owners requesting a leak adjustment shall be advised in writing as to whether their request has been approved or denied. (f) Due to some circwnstances, request for leak adjustments may not meet the above criteria In those cases, the approval of leak adjustment requests is at the discretion of Council. Strata Properties 57. If a strata development is used solely for storage and has either no water or sewer facilities available, the rate otherwise payable under this section is not applicable. 58. If a strata development is provided with water service through one or more water meters, at the option of the District, the District shall bill ~ither: (a) the individual owners ofthe strata lots the user rates, which are payable under this bylaw; or (b) the strata corporation at the user rates payable under this bylaw for the number of units within the strata corporation. 591' If the District bills the strata corporation l,ll1der section 58 (b) and any portion of the user rates are past due on December 31 st in any year, the Director of Financial Services will divide the rates equally among all the strata lots, unless the s.trata council has provided the Director of' Financial Services with a resolution identifying the strata lots whose ow:ners have not contributed to a partial payment of user rates by the strata corporation. 60. A strata council resolution delivered to the Director of Financial Services under section 59 may specify the unit entitlements for the strata lots whose owners have not contributed, in which case the Director of Financial Services will divide the unpaid rates in accordance with the unit entitlements. If the unit entitlements are not provided, the Director of Financial Services shall divide the unpaid charge equally among the strata lots identified in the resolution. P109 DISTRICT OF LANTZVILLE PO Box 100. 7192 Lmtzvme Road LANTZVILLE BC VOR 2B0 Phone: (250) 390-4006 DlsbtctoflBntzvllle Quarterly Utilities lnl1oice Fe: (250) 390-5188 PO Bee 100, 7192 Lllnlzllllle Road I Tel 250.390.40061 ~ Lllnm.111e, BC VOR 21-10 Fax 250.390.5188 lamzvtlle.ca Account#: 003 09725470 000 Billing Date: 29-Sep-2020 Bill From: 17-Jun-2020 Service Address: 7319 MILLARD DR Batch#: 2020092903 Bill To: 23-Sep-2020 Due Date : 31-0ct-2020 September 30, 2020 1m1nm1111111n1m1111mmn•UB00309725470000• Mr.lccClcqllo Payable to DIXON, MICHEALF Dear Utilty Customer, 7319 MILLARD DR LANTZYILLE BC VOR2R0 RE: mGHWATER CONSUMP11ON ~-19.MitLARD·i>R 1-:::r..:.9 UTILITY ACCOUNT# 00~7~00 ~aut Baluee Dae By 31--0ct-2020 S 1,246.38 As a courtesy to the property owners in Lantzville, the District of Lantzville has elected to notify owners of any sudden or excessive increase in water consumption readings. ~aut 11a!a11cc DaeAfta-31-C>c:t-::tO:ZO S 1,371.02 Pleasodctach·IDd rctmn !Op portion wilhpaymcm. Rdaliiboal!mportion ibr)'lllll'~ We have noted that your water consumption has increased substantially since the last reading. Account#: 003 09725470 000 Billing Date: 29-Sep-2020 Bill From: 17-Jun-2020 Service Address: 7319 MILLARD DR Batch#: 2020092903 Bill To: 23-Sep-2020 This may be due to an increase in usage or a waterline leak may be present. Should you feel that the increased consumption is not warranted, please check to see ifa leak is present. Account Detafls From: 29-Sep.2020 Code Description Date Ulllts To check for an in ground leak, read your water meter before and after having all your water turned off for several hours. There is a black triangle on the top of the meter that spins when 01 RWl Water Services Residential 29/09/20 1.00 741.88 water is going through the meter. If the black triangle moves at all when all your water is shut off, 06820454 23/09/20 Oirrmt Radlna: 7412.00 16AM/20 Pnv. Radlq: 7079.00 Co11111mpCfo11: 333.00 Cubic Metcn you most likely have a leak. To determine if the leak is in ground or in the house, tum the water 02 RSI SEWER Services Residential 29/09120 1.00 469.84 to the house off. If the triangle is still moving, then the leak is in ground. 03 GRl Garbaae, RecvclinR & Food Waste Collection 29/09/20 1.00 34.66 We wish to advise you that the waterline from the water meter to the dwelling is the responS1'bility Cammt Levy 1.246.38 of the property owner. Please let our office know if the leak is in ground as we may be able to adjust your current bill, pursuant to section S6 of the Water System Bylaw No. UO, 2018 IMPORTANT NOTES •Utility rates hm,e betm i:ncreased in acconlance with Miscellaneous Fees and Charges Bylaw No. 26-200,t, Amendment (enclosed). Please be advised that you must repair the leak within 30 days of the bDiing date (Rates) Bylaw No. 223, 2020. indicated on the enclosed Invoice fn order to qualify for consideration of an In ground leak •In14met or 'Jelephone Banking- Please allow adequate processing tbnefor yourpayment as a 10% penalty will be adjustment. applied if~after the due date. •,u1 ruquatsforadftut,nmts to utility Invoice, mun be recetvetl in wrlling to Municipal Hall within thirty (30) A letter to the District is required from the resident requesting an adjustment to their account days ofthe billing date noted on the invoice as per Water ~em Bylaw No. U0, 2018. stating when the repair. was completed and enclosing copies of their repair cost invoices. The •Effedive October 1st the Automated Curbside Collection Service will be bUled with rates based on the garbage District Maintenance Technician is required to verify that the repair has been completed. cart size you selected. Your Jim quarterly invoice with the new rata will be issued on Decoiber 31st. Questions about cart excluzngtIS can be directed to the RDN Automated Curbsule Collection Hotline l-877-607-4111. Please note that an account can only be adjusted once In 18 months. If you require further information, please contact Municipal Hall at 250.390.4006 or email [email protected]. Account Balance Due By 31-0ct-2020 S 1,246.38 Jessica Beck Accounting Clerk Account Balance Due After 31-0ct-2020 S 1,371.02 File: 1640.20.Wl'R. T:\DISTRICT OP LANTZVILLEIF~ Recemblc\1.JTtUIY Bll.LING\2020\Q3\2020 Q3 High Ccmumpdon Lcttm 30,09-2020.docx LoveLifeHere District of Lantzville Water Leak Adjustment Form Section I (for office) Date Account No. Name Service Address Phone No. \Vork/Cell No. See reverse for farther notes Section 2 (to be filled out by Public Works} Is this an in grmmd leak? U-{ ~"itn Yes 0 No D Was leak on the main line to the ho~ Y €S D / No ~ No D HasPublicWorksc@nfinnedleak~!? 1 Yes [?" Date leak repair confirmed: ~ '!5; ;;}ff) 3 Meter reading on date of con~ epair::mY- cubic metres (m ) Leak repair confirmed by:---'-~--'"'-"'-'_...... , _____ Secti.on 3 (for office) Calculation for Adjustment (if Applicable) 3 ~~ uarter Actual Consumption= 353 (m ) ,:)Cd- ~ Quarter 3 Year Average Consmnption (oased Service Actual Consumption .Avg. Consumption Adjustment Cha e Ch_ar e Amount Total Oc. I ~, 2 fJ 2 0 Approv~ ofPublic Works Date Appr0ved .,. Date adjustment made on account: ------Prepared By: ______ Denied-Director ofPublic Works Date Denied Reason for denial: ------ATTACHMENT ;3 - District ofLantzville Water Leak Adjustment Form (Approved October 5, 2020:p111 C:/AccountsReceivable/UtilityBilling/Leak Adjustment Form 2019 October 18, 2020 District of La ntzville 7192 Lantzville Road Lantzville, BC V0R 2H0 Attention: Mayor & Council Re: Leak Adjustment Request for 7319 Millard Drive Please accept this letter to formally request a leak adjustment for 7319 Millard Drive. I would like to th request that my utility bill for the September 30 , 2020 be reduced to the amount of our average bill. I understand that the District of Lantzville bylaw does not allow for a full leak adjustment, but I am respectfully requesting forgiveness on this bill and to pay our average bill please. This was an accidental irrigation leak and it has been isolated until I can have a technician repair it, and the September billing as it currently stands at $1,246.38 will put our family into financial hardship. Thank you for your consideration. Michael Dixon 7319 Millard Drive A'ITACHMENT 4 - Michael Dixon Requesting Reconsideration For Full LeakAdjusbnent (Letter dated October 18, 2020) P112 Minutes of the Economic Development and Sustainability Committee Meeting held on Tuesday, October 6, 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* Deborah Melenchuk, Industrial Park* Virginia Fenton, Member at Large* Derek Riley, Member at Large Absent: Karen Proctor, Councillor Will Geselbracht, Non-voting Member, Councillor Neil Valsangkar, Development Community Sarah Wallbank, Village Core Commercial Sector Staff: Kyle Young, Director of Planning* Andrew Hutchison, Economic Development Officer (Recorder) Nelda Richardson, Deputy Director of Corporate Administration *Participated electronically The Chairperson called the meeting to order at 6:oo pm. ADOPTION OF THE AGENDA MOVED and SECONDED, THAT the October 6, 2020 Economic Development and Sustainability Committee meeting agenda be adopted. CARRIED UNANIMOUSLY APPROVAL OF THE MINUTES MOVED and SECONDED, THAT the June 2, 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) 1A. Small Scale Village Beautification Projects (i) Community Mural Project MOVED and SECONDED, THAT the Committee recommends to Council THAT unspent money previously budgeted for the materials for the mural at 7217 Lantzville Road, in the amount up to $829.26, be reallocated to an additional honorarium and small gift for the artist, Grace Edwards. CARRIED UNANIMOUSLY (ii) Remaining Project Budget ($2,500) Committee members discussed options for using, or carrying forward the remaining $2,500 in the Small Scale Beautification Project budget. P113 District of Lantzville October 6, 2020 Economic Development and Sustainability Committee Meeting Minutes Page2 of2 NEW BUSINESS 1. Community Economic Recovery Infrastructure Program a) CERIP Funding Opporb.mities • Committee members expressed support for restoration of the former church at 7244 Lantzville Road with possibility to be repurposed as a venue for coffee shop or other commercial business that meets local needs. MOVED and SECONDED, THAT the Committee recommends to Council THAT the District of Lantzville authorize the submission of a grant application, by the October 29, 2020 deadline, to the Community Economic Resilience Infrastructure Program for Item 1) Commercial Core Revitalization Phase II - Dickinson to Tweedhope Road up, and Item 3) Wayfinding and Gateway Signage. CARRIED UNANIMOUSLY b) Discussion of 2021 Priorities Committee members discussed priority objectives for 2021. ADJOURNMENT MOVED and SECONDED, THAT the Economic Development and Sustainability Committee meeting be adjourned. CARRIED UNANIMOUSLY MEETING ADJOURNED: 7:13 pm Certified Correct: ORIGINAL SIGNED Trudy Coates, Director of Corporate Administration Confirmed this 3rd day of November, 2020. ORIGINAL SIGNED Neil Valsangkar, Alternate Chairperson P114 District of Lantzville REPORT TO CHIEF ADMINISTRATIVE OFFICER Meeting Date: November 16, 2020 SUBJECT: Santa Drive By PURPOSE The Fire Department has been asked to participate in an event on Saturday, December 5, 2020 that would have fire trucks drive and accompany Santa on a predetermined route through the District of Lantzville, beginning and ending at the Lantzville Fire Station. RECOMMENDATION THAT the Lantzville Fire Department drive and accompany Santa on the predetermined route through the District of Lantzville on December 5, 2020, beginning and ending at the Lantzville Fire Station. COMMITI'EE/COMMISSION RECOMMENDATION None ALTERNATIVES AND IMPLICATIONS 1. Take no action. Implication: Without Council authorization, the Fire Department would not participate in this event. BACKGROUND/RELEVANT HISTORY In 2019, the Lantzville Volunteer Firefighters Association was asked to take Santa on a drive around town on the antique fire engine and then deliver him to Huddlestone Park to light the Christmas tree. At the last minute, the Association's fire engine was unable to be used, the Association requested permission from the Fire Chief to use one of the District's fire engines to take Santa on the trip around town. This was granted and the event was completed. ATIACHMENT(S) 1. December 5, 2020 Santa Route ANALYSIS/RATIONALE This event was well received last year and, in the time of COVID, having a Santa drive by through Lantzville neighbourhoods would be a great way to boost the spirit of the community without inviting crowds to gather contrary to COVID best practices. The 2020 volunteer organizers' informal request to the Fire Department, proposed that the Santa drive by end at Huddlestone Park with a Christmas Tree lighting. However, staff have confirmed that bookings and events that may attract crowds are not currently permitted at Huddlestone Park. Island Health has previously cautioned that events to celebrate the season (e.g., tree light-ups, sleigh rides, etc.) would likely fall under the Gathering and Events Order issued by the Office of the Provincial Health Officer (OPHO), be limited to 50 people, and may have other restrictions, e.g., attendance by invitation and advance registration, with contact information for contact tracing, no communal food, etc. P115 District of Lantzville November 16, 2020, Council.Agenda - Santa Drive By Page2of3 1. Strategic Plan Objectives None 2. Policy (Existing/Relevance/None) None Resources To accomplish this event, it would require the use of the District of Lantzville Fire Department vehicles. Financial/Budget Implications The only cost would be the fuel and regular maintenance of the vehicles. Sustainability Implications None Approved for submission to Council: Date: November 12, 2020 Date: November 12, 2020 REVIEWED WITH: I D Corporate Administration D Fire Rescue D Public Works/Engineering □ RCMP D Financial Services □ Planning D Solicitor D Committee: D Other: COUNCIL AGENDA INFORMATION: Meetine: Type Date A2enda Item # Retrular November 16. 2020 12.b) Closed (In-Camera) Special File Number: 8100.01 T: \DISTRICT OF LANI'ZVILLE\Reports to Council\2020\2020 11 16 Santa Drive By.docx P116 AITACHMENT #1 December 5, 2020 Santa Route s:ooPM Fire Hall Snaw-Naw-As 5:10PM Fire Hall Superior Road 5:14PM Right Northwind Drive Left Westwind Drive Left Southwind Drive Right Eastwind Drive Left Lorenzen Lane Left Superior Road Left Southwind Drive Right Eastwind Drive Right Northwind Drive Left Superior Road 5=25PM Right Harby Road West Right Philip Road 5:29PM Right Aulds Road Right Harwood Drive Left ClarkCres Right FemmarRoad Left Harwood Drive Left AndreaCres Right Harwood Drive Right Elizabeth Way Right AndreaCres Right Harwood Drive Left AndreaCres Left Philip Road 5=42PM Right Ronald Road Left Ware Road 5=47PM Right Lantzville Road Left Jack's Road Right Caillet Road Left Myron Road Left Dickinson Road Right Jack's Road Left McGill Road to Lancrest Terrace Left Tremblay Road Right Dickinson Road S:57PM Right Lantzville Road 5:50PM Right Sebastion Road Left Venture Road Left Peterson Road Left Lynn Drive Right Lancewood Avenue Right Rossiter Avenue Right Peterson Road Right Millard Drive Right LancewoodAvenue Right Rossiter Avenue Left JoyWay Right Harby Road Right Leland Road Right Slogar Drive Left Negrin Road Left MrusDrive 6:10 PM Right Leland Road Right Lantzville Road 6:15PM Left Superior Road to Fire Hall P117 SERVICE PROVIDER AMENDING AGREEMENT THIS AGREEMENT made this 16th day of November 2020. BETWEEN: CHRISTINA GOBEIL DBA CC CANADIAN ENTERPRISES 3474 Tyee Crescent Nanoose Bay, BC V9P 9H9 (the "Service Provider'') OFTIIEFIRSTPART AND: DISTRICT OF LANTZVILLE 7192 Lantzville Road Lantzville, BC V0R2H0 (the "Local Government") OF TIIE SECOND PART WHEREAS the Local Government and the Service Provider entered into an agreement in 2020 whereby the Service Provider agreed to provide services to the Local Government; AND WHEREAS the Local Government and the Service Provider wish to clarify the provision of, and responsibility for, insurance coverage for this service agreement; NOW THEREFORE the parties to this Service Provider Amending Agreement (the "Agreement") in consideration of performance of the covenants hereinafter contained and for other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, agree as follows: 1. Term This Agreement is for a term commencing on the 16th day of November 2020 and terminating the 30th day of September 2022. 2. Renewal The Local Government shall notify the Service Provider in writing on or before the 31 st day of August 2022 if it wishes to renew this Agreement for a further period and shall propose terms to be included in the renewal. The renewal shall be conditional upon the Service Provider to all of the terms and conditions of the renewal. 3. Services The Service Provider agrees to provide Bylaw Enforcement services for or on behalf of the Local Government. 4. Continuation of Most Service Terms Except as set forth in Section 5 of this Agreement, the provision of services in Section 3 continues to be governed by the respective following agreements, attached as schedules to this Agreement: a. Independent Consultant Agreement dated September 11, 2020, and attached as Schedule "A"; b. Independent Consultant Agreement Amendment dated October 1, 2020, and attached as Schedule "B". P118 Service Provider Amending Agreement November 2020 - September 2022 Page 2 of2 5. Local Government Insurance Requirements While providing the agreed service, the Service Provider agrees to comply with: all applicable laws, rules and regulations; the practices, procedures and policies of the Local Government; and any special instructions given to the Service Provider by representative(s) of the Local Government. By entering into this agreement, the Service Provider confirms they have the necessary training, experience and knowledge to provide the services as set out above. The Local Government agrees to obtain commercial general liability and errors and omissions insurance coverage from the Municipal Insurance Association of British Columbia (MIABC) naming the Service Provider as an Additional Named Insured entitled to full coverage in the amount of $5,000,000 with respect to third party liability claims arising from the provision of the agreed service. The Service Provider agrees to carry its own statutory worker's compensation insurance and automobile liability insurance, if appropriate. The Service Provider agrees to indemnify, defend and hold harmless the Local Government, its agents, servants, employees, trustees, officers and representatives from any liability, loss or damage which the Local Government may suffer as a result of any claims, demands, costs, actions, causes of actions, or judgments, including legal fees, asserted against or incurred by the Local Government arising out of, during, or as a result of the provision of services outlined in the Agreement except such liability, loss, or damage which is the result of, or arising out of, the sole negligence of the Local Government or that is covered by the MIABC liability insurance policy. The Local Government agrees to be responsible for any and all deductible amounts including any claim expenses incurred and policy premium payments. The Local Government reserves the right to terminate this Agreement and the associated commercial general liability insurance coverage provided to the Service Provider by the MIABC at any time upon written notification to the Service Provider of the termination. 6. Binding Effect This Agreement shall inure to the benefit of, and be binding upon, the parties heret ON BEHALF OF DISTRICT OF LANTZVILLE ON BEHALF OF CHRISTINA GOBEIL DBA CC CANADIAN ENTERPRISES Name: Name: Title: Title: Signature: Signature: Date: Date: P119 MIABC's ASSOCIATE MEMBER PROGRAM BEGANIN JANUARY 2015. Need more INFORMATION? If you have any questions about the MIABC's Associate Member Program, please contact the MIABC's Insurance Services Coordinator, Marina Sen [email protected] or (604) 683-6266. 200 • AW West 2nd Avenue Vancouver, BC V5Y :lE3 .....7J Phone 604-683-6266 Fax 604,683-6244 Toll Free 1-855-683-6266 I\) info@miabc;.org 0 MIABC / ASSOCIATE MEMBERS MIABC/ ASSOCIATE MEMBERS MIABC / ASSOCIATE MEMBERS MIABC members can now apply for liability coverage for individuals, groups and associations that provide services for, or on behalf of, our members, upon request of an MIABC member, up to a limit of $5,000,000. Liability coverage is These individuals, groups and associations must be now available far local individually sponsored by a member in order to qualify for "associate member" status. Onee accepted as an government service associate member, these parties will be ent itled to full coverage under the Liability Protection Agreement, providers but only for services provided for, or on behalf of, the sponsoring member. In order to qualify as l!O associate member: • The associate member must be sponsored by an existing MIABC member; • The sponsoring member has a written agreement for the provision of services with the associate member (the "Service Provider Agreement"); • The services provided are services to the community provided for, or on behalf of, the sponsoring member; • The Service Provider Agreement has been approved by the sponsoring member's council or board by resolution or bylaw; and • The MIABC has received payment of a premium on .. these parties will be behalf of the associate member. entitled to full coverage It is important to understand that the sponsoring member's deductible will apply to claims brought t t against the associate member and the sponsoring under the Liability member will be responsible for the payment of any costs incurred below t he deductible. In addition, all claims Protection Agreement brought against the associate member will form part of the sponsoring member's claims history and experience rating...... ""CJ ...... I\) 3 MOTIONS FOR THE November 16 council meeting. Whereas page 122 of Lantzville's Official Community Plan, has a target of "30% public parks and dedicated riparian areas"; be it resolved THAT the 4.94 acre (2 hectare) dedicated public land in the Clark Medd development, which staff stated is intended for "a public works yard and building, as well as other Municipal facilities", be dedicated as public parkland. THAT the District of Lantzville Council Procedure Bylaw No 141 be amended by inserting the following after section 15.1.f "g. record the names of those members opposed to a motion." THAT staff meet with the appropriate provincial representatives to determine Lantzville's policing requirements at population 5000, including the number of constables required by the province, and based on this, staff give an estimate of the police cost increase when Lantzville reaches population 5000. Reports to accompany motions : MOTION Whereas page 122 of Lantzville's Official Community Plan, has a target of "30% public parks and dedicated riparian areas''; be it resolved THAT the 4.94 acre (2 hectare) dedicated public land in the Clark Medd development, which staff stated is intended for "a public works yard and building, as well as other Municipal facilities", be dedicated as public parkland. Councillor Savage's report accompanying this motion per procedure bylaw 18.7. The Clark Medd development dedicates as parkland 0.44 acre on the Medd property and 9.9541 acres of the Blood's Creek ravine on the Clark property. This totals 10.3941 acres of parkland or dedicated riparian area, which equates to 19.52 % of the total 53.25 acres of the development. This falls well short of the ocp target of 30 % parkland or dedicated riparian area. If the 4.94 acres becomes parkland, the total parkland becomes 15.3341 acres which is 28.7964 % of the total land. This is closer to the ocp target of 30 %. Parkland is a direct benefit to residents who will have unlimited access to the land. As well, this land is currently treed, as opposed to the majority of Lantzville Projects lands which have been clearcut. This forested land is contiguous with the forested highways property abutting Ware Rd. By contrast, a public works yard, with a building, as well as other municipal facilities offers little or no public access. Further, much of the forest will be removed. This forest mitigates highway noise, highway exhaust, and water runoff. This contradicts all the sections of the ocp which embrace looking after the environment. P122 The Foothills which has vast parkland, is a more suitable location for public works and other municipal facilities. It will not deprive residents of parkland, like the Clark Medd location does. The majority of growth is proposed for upper Lantzville, so over time the Foothills will become more central, especially with long term potential growth on the Timberwest property, as urban containment boundaries and zoning often evolve. As well, some of the funding for a new public works building could be negotiated, as opposed to the Clark Medd location, which would be completely funded with public dollars. Also, the two water wells, now owned by the community, are located in this 4.94 acres of forested land. The health of these wells will be better served by the largest forested area possible. THAT the District of Lantzville Council Procedure Bylaw No 141 be amended by inserting the following after section 15.1.f "g. record the names of those members opposed to a motion." Councilor Savage report At the November 20, 2019 procedure bylaw meeting, council passed a motion to continue recording in the meeting minutes, those members opposed to a motion. This should have translated to the procedure bylaw, but did not. MOTION THAT staff meet with the appropriate provincial representatives to determine Lantzville's policing requirements at population 5000, including the number of constables required by the province, and based on this, staff give an estimate of the police cost increase when Lantzville reaches population 5000. Below is Councillor Savage's report, which accompanies this motion, per procedure bylaw 18.7. Any financial analysis of Lantzville's future should include the police cost increases when population 5000 is reached. Other communities plan ahead for this big financial hardship. Years ago, Duncan B.C. instilled a 12% tax increase, in preparation of their upcoming arrival at population 5000. A few years ago, Oliver B.C. started a 5 year program of a 9% tax increase each year for 5 years, (suspended this year due to Covid), in anticipation of an 800 000 plus annual tax increase. Below is some research which indicates police cost increases can be substantial. Metchosin BC - Sam Weller for 12 years has been the consultant Chief Financial Officer (CFO) for Metchosin. In 2001 he worked for Sechelt when they hit population 5000. He said : -In 2016 Metchosin predicted a 520 000 increase for their police costs when they hit population 5000. The total cost to them would be 720 000. - Support staff and police building usually works out to be about 10% - 20% of the total cost. -When a municipality hits pop 5000 it has to negotiate with the province about the policing level required. The average in B.C. is 1 officer per 1000 people. The province's opening position is often 1 officer per 800 people. P123 -The province wants Metchosin (low crime/little commercial) to have 4 officers when they hit population 5000, Metchosin wanted just 2 officers. -When Creston hit pop 5000 - the Province mandated 8 officers, as Creston is hub for surrounding areas - lots of pubs. -Sometimes the increase is spread over two years, depending on the time of the year the increase takes effect. Duncan BC- Bernice Crossman Chief Financial Officer said : -Now that Duncan has hit population 5000, their projection of increased police costs is going from 311 000 to 1500 000. A 1189 000 increase. The reason it is so high is they will be paying for 8 officers. -They will be sharing/contributing to the North Cowichan support staff and building. Some time ago they initiated a 12 % tax increase in anticipation of this. On top of that they are anticipating a further 5.95 % tax increase in 2021 and a further tax increase of 6.3 % in 2022. Qualicum - John Marsh Chief Financial Officer said : These are the 2019 costs and 2020 Budget for RCMP. Please note that the 8 positions noted also includes an additional two clerical (1 clerical for 4 members is the formula), building costs and overtime. Police Protection - RCMP 2020 2019 2019 Budget Budget Actual 8 RCMP positions (@70% cost) 1,276,000 1,220,000 978,722 Wages 140,000 135,000 120,249 Telephone and misc. 5,000 5,000 0 1,421,000 1,360,000 1,098,971 Note - the 2019 actual is low due to not yet having filled some missing positions. -A rough rule of thumb is total police costs at population 5000 can work out to roughly 175 000 per constable. Oliver BC - Doug Leahy who has 35 years experience with the police cost issue, said : -police costs for 2020 are approx 300 000 -his prediction is the increase will go up to 1100 000 just for the RCMP contract. Contributions to support staff and building will be on top of that. 1100 000 - 300 000 = 800 000 increase + support staff. -this increase would equate to a 55 % tax increase for Oliver. To soften this, they began a 9 % tax increase for each year for 5 years. This was suspended this year due to Covid. Osoyoos - Jim Zakall Director of Finance emailed this summary of police costs 2015 $380,559.69 2016 $387,531.01 2017 $531,348.00 2018 $659,824.41 2019 $1,012,965.99 Creston - Stefan Klassen emailed "The Town of Creston, prior to 2012 paid for its policing through provincial Police Tax. The tax in 2011 was $217,436. In 2012 the budget was $1,027,410" An 809 974 increase. P124 A B C D E F G H J Municipality Popu #of Total Police Increase Cost per Cost per Resultant lation Re cost+ costs At pop capita 5000 increase mp number of 5000 people to Lantz officers at pop 5000 Lantzville 3605+ 250 952 Metchosin 2016 5000 4 180000 720000 144 720000 469048 projection Qualicum 2020 8943 8 178 000 1421000 159 795 000 544048 Duncan 5000 187 500 1500000 1189 000 300 1500 000 1249 000 Parksville 12514 17 162 000 2 746400 219 1097 330 846378 Ladysmith 2020 9417 8 182 000 1454655 154 770000 519048 Oliver 2021 1100000+ 800000+ 220 1100 000 849048 Osoyoos2019 5085 1012 965 199 Creston 2012 8 809974 205 1027 410 776458 P125 Nelda Richardson From: Trudy Coates Sent: Tuesday, November 10, 2020 1:26 PM To: Nelda Richardson Subject: FW: 3 motions for the Nov 16 council meeting From: Councillor Savage Sent: Tuesday, November 10, 2020 1:20 PM To: Ronald Campbell Addition to my report on the motion to amend the procedure bylaw please : the time stamp of the Nov 20, 2019 meeting video begins at the 2:14:50 mark. This is the segment where the direction of council was to continue recording those opposed in the minutes. Thank you From: Councillor Savage Sent: November 10, 2020 12:51 PM To: Ronald Campbell See attached please. 1 P126