District of LantzvilleIncorporated June 2003

Agenda for the Regular Meeting of Council of the District of Lantzville to be held onMonday, June 22,2015, at 7:00 pm at the District of Lantzville Office, 2* '̂̂ Floor, 7192 LantzvilleRoad, Lantzville, 6CPageNo. (This meetingmaybe recorded)

1. AGENDA ADDITIONS AND/OR DELETIONS

1-2 2. ADOPTION OF THE AGENDA

THAT Council adopts the June 22,2015 regular Council meeting agenda.

3-7 3. APPROVAL OF MINUTES

THAT Council approves the June 8,2015 regular Council meeting minutes.

4. PRESENTATIONS, DELEGATIONS & PETITIONS - Nil

5. CORRESPONDENCE

8 a) Roy Cardinal, President, Royal Canadian Legion Seaview Centennial BranchNo. 257 (31 May 2015) re: Certificate of Transfer of Cenotaph Ownership fromLegion to the District of Lantzville

9-11 b) Peter Luckham, Chair, Islands Trust (12Jim 2015) re: Island Trust CouncilRequest to Advocate in Support of their request to provincial governmentinvestment for 25% Reduction in Minor Route Ferry Fares

6. REPORTS

a) Mayor & Councillors - Verbal Updates

7. UNFINISHED BUSINESS - Nil

8. BYLAWS-Nil

9. NEW BUSINESS, MOTIONS & NOTICES OF MOTIONS12-20 a) Development Permit Application No. 3060-20-DP15-119

7386 Simbury Rd (Applicant: Leonard and Gail Thompson)Lot A District Lot 54, Nanoose District, Plan EPP26253

THAT Council approves Development Permit Application No. 3060-20-DP15-119 to allow removal of an existing house and deck, construction of anew house with decks and patios, general residential landscaping, andaddress works imdertaken without a permit on stairs and a patio within theSteep Slope and Coastal Protection Development Permit Areas and subject tothe general requirements outlined on Schedule Nos. 1 and 2 attached to thestaff report.

b) Council Meeting ScheduleTHAT Council cancels the regular Council meetings scheduled for

7:00pm on July 13 and 27,2015, and refers regular business to a specialCouncil meeting to be held on Monday, July 20,2015, at 7:00 pm at theDistrict of Lantzville Office, 2"^ Floor, 7192 Lantzville Road, Lantzville, BC;AND FURTHER THAT Council schedules a special Council meeting(inaugural for newly-elected Councillors) to be held on Monday, August[insert 24 or 31], 2015, at the District of Lantzville Office, Floor, 7192Lantzville Road, Lantzville, BC at 7:00 pm.

District of LantzvllleJune 22,2015 Regular Council Meeting AgendaPage 2 of 2

10. PUBLIC PARTICIPATION (For questions or comments regarding business discussed byCouncil at this meeting except publichearings topics - speakers mustfirst state their nameand street address)

11. SPECIAL BUSINESS (IN CAMERA) MOTION TO CLOSETHAT Council closes the meeting to the public, pursuant to section 90(1) (a),

(c), (f), (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 municipalityor another position appointed by the municipality;

• labour or other employee relations;• law enforcement, if the council considers that disclosure could reasonably be

expected to harm the conduct of an investigation under or enforcement of anenactment;

• 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.

Following adoption of the above motion, the meeting will be closed to the public.MEETING REOPENS TO PUBLIC

12. ADJOURNMENTTHAT Council adjourns the meeting.

NEXT SCHEDULED COUNCIL MEETING:

Regular Meeting, Monday, July 13,2015 @7:00 pm [subject to recommendation tochange]

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DRAFT

Minutes of the Regular Meeting of Council of the District of Lantzville held on Monday,June 8,2015, at 7:00pm at the District of Lantzville Office, Floor, 7192Lantzville Road,Lantzville, BC

PRESENT; Council; Mayor Colin HaimeCouncillor John CoulsonCouncillor Denise Haime

Staff; Jim Dias, Interim Chief Administrative OfficerTrudy Coates, Director of Corporate AdministrationFred Spears, Director of Public Works

Mayor Haime called the meeting to order at 7:00 pm.

AGENDA ADDITIONS AND/OR DELETIONSADOPTION OF THE AGENDA

Councillor Haime MOVEDand Councillor Coulson SECONDED, THAT Council adopts theJime 8,2015 regular Council meeting agenda, as amended v^ithadditional informationdistributed regarding: (1) Development Variance Permit Application 3090-20-15-03,7040Dickinson Road from staff, the applicant and Rose and Darryle Adams, and (2) BicycleStands email from Harriet Rueggeberg.CARRIED

APPROVAL OF MINUTES

Councillor Coulson MOVEDand Councillor Haime SECONDED, THAT Coimcil approvesthe May 25,2015 regular Council meeting minutes, as presented.CARRIED

Councillor Haime MOVED and Councillor Coulson SECONDED, THAT Council approvesthe May 27,2015 special Council meeting minutes, as presented.CARRIED

Councillor Coulson MOVED and Councillor Haime SECONDED, THAT Council approvesthe June 4,2015 special Council meeting minutes, as presented.CARRIED

PRESENTATIONS, DELEGATIONS & PETITIONS - Nil

CORRESPONDENCE

1. Honourable Christy Clark, Premier of BC (27May 2015) re: 2015UBCM Convention andProcess to Request a Meeting with the Premier or a Cabinet Minister on a SpecificTopic - For InformationCouncil instructed staff to arrange a meeting at the 2015 UBCM Conference withMinister Coralee Oakes re: local government, local governance and grant applications.

Councillor Haime MOVED and Councillor Coulson SECONDED, THAT Councilreceives, for information, the May 27,2015 letter from the Honourable Christy Qark,Premier of BCre: 2015 UBCMConvention and process to request a meeting with thePremier or a Cabinet Minister on a specific topic.CARRIED

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District of Lantzville

June 8,2015 Regular Council Meeting Minutes - DRAFTPage 2 of 5

2, MarkStephens, Director ofOperations, Nanoose FirstNation(29 May 2015) re: Notice ofProposed Local Revenue Laws and Invitation to Make Representations - ForInformation

Council requested J. Dias to review the Nanoose First Nation fire protection contract.

Councillor Haime MOVED and Councillor Coulson SECONDED, THAT Councilreceives, for information, the May29,2015 letterfrom MarkStephens, Director ofOperations,Nanoose FirstNationre:Notice of Proposed Local Revenue Laws and theinvitation to make representations.CARRIED

REPORTS

1. Mayor & Councillors - Verbal Updates - Nil

2. Parks and Recreation Commission - May 28,2015 Meeting MinutesCouncillor Haime MOVED and Councillor Coulson SECONDED, THAT Coimcilreceives, for information, the Parks and Recreation Commission May 28,2015 meetingminutes.

CARRIED

C15-101 Councillor Haime MOVED and Councillor Coulson SECONDED, THAT the District ofLantzville proceedwith the Parks &Recreation Commission coordinating four 2-hourbicycle road safety and maintenance workshops for childrenin early July and invitetheRCMP to participate, with expenses (food plus $250 to instructor PeterMcCaffery) fundedfrom the Parks & Rec Plan - Other account.

CARRIED

C15-102 Councillor Haime MOVED and Councillor Coulson SECONDED, THAT the District ofLantzville submitan applicationto WesternEconomic Diversification imder the Canada150Commxmity Infrastructure Programfor 50/50 funding for the Woodlot Trail with theDistrict contribution beinga maximimi of$10,200, and the application submittedbefore theJune 17,2015 deadline.CARRIED

UNFINISHED BUSINESS

1. Bike Stand and Garbage Can Purchase & InstallationCouncil noted the June 8,2015 email from H. Rueggeberg regarding bike rack design.

C15-103 Councillor Haime MOVED and Councillor Coulson SECONDED, THAT Councildirects staff to purchase 2 bike stands and 1 garbage can and place1 bike stand and 1garbagecan at the District of Lantzville Office and 1 bikestand at CostinHall,withfunding, not exceeding $1,500, from Council discretionary.CARRIED

BYLAWS-Nil

NEW BUSINESS, MOTIONS & NOTICES OF MOTIONS1. DevelopmentVariance Permit Application 3090-20-15-03 - 7040 Dickinson Road

PUBLIC INPUT OPPORTUNITY

Mayor Haimecalled for persons whoconsider their interestin property to beaffected to P4speak or submit written comments.

District of LantzvilleJune 8, 2015 Regular Council Meeting Minutes - DRAFTPage 3 of 5

Janis Moles, 7029 Dickinson Road, previously submitted with her mother/co-owner aMay 20,2015 letter objecting to both variances, spoke on behalf of herself and her motherEdith Higgins, reporting that they objectto the proposed variances on the house and onthe 3-vehiclegarage, expressing concernfor the size of the proposed buildings, thenecessity for ^e variances, the trend for larger homes, and the impact on neighbours,particularly their view and proximity to their property.

Lynne Jenkins, 7051 Dickinson Road, previously submitted with her husband Gary Steynsa May 25,2015 letter of objection to the proposed variance, spoke on behalf of herself andher husband Gary Steyns, reporting she lives across from the property, supports JanMoles' comments, and objects to both of the variances, expressing concern for lack ofrespect for Lantzville bylaws, setting a precedent, and the impact to her view of removingtrees.

Blaine Froats, 7040 Dickinson Road owner/applicant, previously submitted June 4 and 8,2015 letters, petitions from nine neighbours indicating no objection, and a surveyor'ssketch plan of Lot1, Plan 32411, DL37,Wellington District showing elevations,spoke onbehalf of himself and his wife Kathleen Froats in support of the application and inresponse to objections expressed, noting the history of his wife's family owning theproperty; suggesting the neighbours' view will not be lost, the property at 7029 DickinsonRoad had no ocean view at the time of purchase and now has a partial ocean view;explaining the proposed buildings are not huge and could be built two feetwider butthey have chosento not build to the maximimisize and allowablefootprint permitted;clarifying that the height is required otherwise there would only be a 7'T clearancecoming up the stairs,due to the narrow lot size and elevation change; and concludingthat they require the extra room for their kids and grandkids to visit. B. Froatssubmitteda copy of a July2006 survey of Lot 2, DL37,Wellington District,Plan 32411, withhandwritten notation regarding the foimdations of two homes being18.7feet apart,confirmed the information caused no change to the application, and staff copied anddistributed the document which was available to the public.

Hilda Higgs,7048 Dickinson Road,spoke in support of the applicationnoting that shelives next door and would be affected more than anyone else, and her position that theneed for the application is due to the government raising the floodplain elevationrequirements so it should not be an issue, government should not be involved and theapplicant should not be required to obtain a variance.

Rose Adams, 7045 Dickinson Road, previously submitted with her husband DarryleAdams a June 8,2015 letter of opposition to the development of the garage,spoke inopposition to the variance, reporting that she is new to the Island and Lantzville, isattending the meeting to support her neighbours, stating the home is one thing but theoutbuilding is another, and concluded that there is a beautiful view and as a communitywe want to see that more as we are blessed to live here.

Kenneth Brault,1194College Drive, Nanaimo, designer of the house for the applicant,spoke in support of the application, expressing concern about tension in the community,noting that the house is not that large considering the size of the property, is locatedslightly below the road so it will not be that high, has a low pitch to allowfor a secondstorey in the design and efforts to provide a nice house that works, and without having tochop a metre from the attic. P5

District of LantzvilleJune 8.2015 Regular Council Meeting Minutes - DRAFTPage 4 of 5

Linda Martin, 7680 Lantzville Road, spoke noting that the variancewon't directly affecther, however, she lives beside a house where a variance was passed, wishes that it wasnot passed, and does not agree with allowingvariances; and expressedconcernthat it setsa precedent and concluded that she does not want to see it proceed.

Lynne Jenkins, 7051 Dickinson Road,spoke stating that it is unfortunate that four yearswas spent designing a home that was not in compliancewith the zoning bylaw,acknowledging the flood plain is an issue but noting that the FCLdoes not apply to thegarage as it is not a living area, commenting on the precedence of a variance issued for thehome beside it, challenge to enforcerequirements, and giving a variance to one and not tothe next, and concluded that there is no reason for a variance on the garage and if thebuilding was under design for this period of time why was it not designed to bylawspecifications.

Janis Moles, 7029 Dickinson Road, spoke indicating that they are not objectingto thefootprint, they would like the height to be within the existingbylaw, acknowledging thatit might not be changed easily, and concluding that they feel the design should beadjusted and variance denied before there is a belief that a precedent has been set, andthat all applicants need it.

Mayor Haime called for speakers and no one else indicated that they wished to speak.

C15-104 Councillor Haime MOVED and Mayor Haime SECONDED,THAT Coimcil approvesthe height variance to permit construction of a new dwelling unit with an attachedgarage within a defined floodplain at 7040Dickinson Road as requested inDevelopment Variance Permit Application No. 3090-20-15-03 by varying the maximumpermitted dwelling unit height within the Residential 1 (RSI) zone from 8.0 metres to9.0 metres and, deny the height variance to permit the construction of a new accessorybuilding subject to the conditions outlined in Schedules Nos. 1,2, and 3 as revised.CARRIED

2. Appointment to Regional District of Nanaimo BoardC15-105 Councillor Haime MOVED and Mayor Haime SECONDED,THATpursuant to the Local

Government Act, Council appoints Councillor John Coulson as the District of Lantzvillealternate municipal director on the Regional District of Nanaimo Board.CARRIED

3. Designation of Member to Act in Place of MayorC15-106 Coimcillor Haime MOVED and Councillor Coulson SECONDED, THAT pursuant to the

Community Charter, section 130and "District of Lantzville Council Procedure Bylaw No.18,2004", Coimcil designates Coimcillor John Coulson as the member responsible asActing Mayor during the period June 2015 to September 2015; AND FURTHER THAT inthe event that the Mayor and Acting Mayor are either absent or tmable to act. Councildesignates Councillor Denise Haime as Acting Mayor.CARRIED

PUBLIC PARTICIPATION

• Barry French, 7916 Southwind Drive, commented on the Fire Chiefs resignation,extension of service, and plans to recognize his community service post-retirement

• Gary Gaudet, 7056 Tweedhope Road, commented on the use of the word "disrespectful"and the need for more civility in Council meetings

District of Lantzville

June 8,2015 Regular Council Meeting Minutes - DRAFTPage 5 of 5

• Lynn Jenkins, 7051 DickinsonRoad, commented on moving forward with fillingthe FireChief position

• Barry French, 7916Southwind Drive, commented on the time it has taken to fill the FireChief position, and plans for recognitionof a different member of the Fire Departmentwho will soon have served 50 years as a volimteer

• Doug Parkhurst, 6826 Harwood Drive,commented on beginning the FireChiefsearchprocess, and appreciation for the current Council

• A1 Dumouchelle, 6784 Harwood Drive, commentedon Council proceedings, the May 27,2015 Council meeting, and appreciation for the current Coimcil, and submitted a copy ofhis remarks

SPECIAL BUSINESS (IN CAMERA) MOTION TO CLOSECouncillor Haime MOVED and Councillor Coulson SECONDED, THAT Council closes themeeting to the public, pursuant to section 90(1) (a), (c), (f) 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 positionappointed by the municipality;

• labour or other employee relations;• law enforcement, if the Council considers that disclosure could reasonably be expected

to harm the conduct of an investigation under or enforcement of an enactment; and• the receipt of advice that is subject to solicitor-client privilege, including

communications necessary for that purpose.CARRIED

MEETING CLOSEDTO THE PUBLIC: 8:27pmMEETING REOPENEDTO THE PUBLIC: 11:50pm, with all of Council in attendance. Alsoin attendance, J. Dias, Interim CAO

ADJOURNMENTCouncillor Haime MOVED and Councillor Coulson SECONDED, THATCouncil adjournsthe meeting.CARRIED

MEETING ADJOURNED: 11:50pm

Certified Correct:

Trudy Coates,Director of Corporate Administration

Confirmed this day of , 2015.

Colin Haime, Mayor

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We, of Seaview Centennial Branch No. 257 of The RoyalCanadian Legion do hereby transfer ownership of the newlycompleted memorial Cenotaph located in Huddlestone Park to the

District of Lantzville. This monument will serve as a gathering

place for the citizens of the District Of Lantzville as and whenvarious anniversary ceremonies commemorating Canada's roleand the sacrifices made during the numerous conflicts the country

has participated in to preserve our democraticfreedoms.Additionally, we of Seaview Centennial Branch No. 257 of

The Royal Canadian Legion, do hereby, agree to perform, as andwhen required, upkeep and maintenance to the monument during

our residence in the District ofLantzville.

Roy Cardinal, President, Colin Haime, Mayor

Seaview Centennial Br. 257 District ofLantzville

The Royal Canadian Legion

P8

Trudy Coates

From:

Sent:

Subject:Attachments:

Iris Hesl<eth-Boles <ihesl<ethboles@ubcm.ca>

June-15-15 9:14 AM

Islands Trust Letter to AVICC Members re Minor Routes Ferry Fares1685 Islands Trust Chair letter to local governments re ferry fare reduction request.pdf

Please distribute to AVICC Elected Officials and the CAO:

Attached Is a letter from Islands Trust Chair Peter Luckham to AVICC Members and Bowen Island Municipal CouncilRe: Islands Trust Council request for 25% reduction in minor route ferry fares.

Iris Hesketh-Boles

Executive Coordinator

Association of Vancouver Island & Coastal Communities (AVICC)525 Government St, Victoria, BC V8V OAS

Tel: 250-356-5122 Fax: 250-356-5119

EM: iheskethboles@ubcm.ca

avicc.ca RECEiVED

: D

^ Council• Mayor

P CAO.• Direclor of Finance

^ Corp. Admin.^ Agenda

• Circ. To staff

• PublicWorks

• Planning

• Fire Depl.

n Olfier

P9

islandsTrust

200.1627 Fort St.. Victoria. BC VSR 1H8Telephone (250)405-5151 Fax (250)405-5155

Toll Free via Enquiry BC in Vancouver 660-2421. Elsewhere in BC 1.800.663.7867

Email lnformalion@islandstrust.bc.ca

Web vmw.islandsbiist.bc.ca

June 12, 2015 File No.: 0230-20; 3020-20

Dear AVICC members and Bowen Island Municipal Council:

Re: Islands Trust Council request for 25% reduction In minor route ferry fares

I am writing to share the Islands Trust's news release about the Islands Trust Council's request that the Provincefund a reduction in ferry fares on BC Ferries' minor routes by 25 per cent. I will also be writing to the BC FerryCommissioner.

On behalf of the Islands Trust Council, 1encourage your local government to join us in advocating for provincialgovernment investment in reducing ferry fares on the minor routes. A well-advertised drop in fares on the minorroutes would help our communities bounce baci< and give us all time to work together on longer-term solutions.

Since the enactment of the Coastal Ferries Act in 2003, fare increases on some minor routes have increased four

to five times higher than inflation. The BC Ferry Commissioner has proposed an additional 1.9 per cent annualfare increase during BC Ferries' next four-year performance term. For 10 years, we have together raisedconcerns that the fares for ferry-dependent communities have reached the tipping point where they are causingeconomic challenges and reducing ferry ridership. Our request is timed to influence negotiations for BC Ferries'Coastal Ferry Services Contract from 2016 to 2020. We believe these negotiations are a perfect opportunity forthe government to invest in coastal communities.

In May 2015, the Islands Trust hired Pemn Thorau &Associates, a public policy consulting firm with expertise inBC Ferries' markets, to calculate the cost of lowering fares on all minor ferry routes. The consultants built a modelusing recent BC Ferries operating results and fare information, allowing examination of how ridership will reboundin response to lower fares. The consultants calculated that an additional $11 to $14 million is needed annually toreduce fares by 25 per cent from today's prices, on all minor routes on B.C.'s coast. Our funding calculations givethe Province credible information to make a sound investment decision.

Thank you for considering this request. Please be in touch with any questions or ifyou would like moreinformation.

Sincerely,

Peter Luckham

Chair, Islands Trust CouncilPluckham(5)islandstrust.bc.ca

Attach: June 11,2015 News release "Islands Trust ask Province to reduce ferry fares on minor routes by 25%

cc. Islands Trust Council

Islands Trust website

Preserving Island communities, culture and environmentBowen Denman Hornby Gabrlola Galiano Gambler Lasqueti Mayne North Fender Salt Spring Saturna South Fender Thetis

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Islands Trust

News Release200 - 1627 Fort Street Victoria BC VSR 1H8

Telephone 250.405.5151 FAX: 250.405.5155

Toll Free via Enquiry BC in Vancouver 604.660.2421. Elsewhere in BC 1.800.663.7867

lnformation@island$trust.bc.ca www.islandstrust.bc.ca

June 11. 2015 2015-11-11

ISLANDS TRUST ASKS PROVINCE TO REDUCE FERRY FARES ON MINOR ROUTES BY 25%

VICTORIA — The Islands Trust Council is asking the Province of British Columbia to invest an additional $11 to $14 millionannually for four years to reduce fares on all BC Ferries' minor routes. This request is timed to influence negotiations for BCFerries' Coastal Ferry Services Contract from 2016 to 2020.

In May 2015, the Islands Trust hired Perrin Thorau & Associates, a public policy consulting firm with expertise in BC Ferries'markets, to calculate the cost of lowering fares on all minor ferry routes. The consultants built a model using recent BC Ferriesoperating results and fare information, allowing examination of how ridership will rebound in response to lower fares. Theconsultants calculated that an additional $11 to $14 million is needed annually to reduce fares by 25 per cent from today's prices,on all minor routes on B.C.'s coast.

"Ferry-dependent communities are struggling under the weight of ferry fares that have increased at a pace well above the rate ofinflation," said Peter Luckham, Islands Trust Council Chair. "We have a constructive proposal. By strategically investing anadditional $11 to $14 million annually, the Province can lower fares on BC Ferries' minor routes by 25 per cent. Affordable fareswould attract more customers into the ferry system, bolster B.C.'s economy and result in increased provincial tax revenues - awin-win for everyone."

Since the enactment of the Coastal Ferries Act in 2003. fare increases on some minor routes have increased four to five timeshigher than inflation. The BC Ferry Commissioner has proposed an additional 1.9 per cent annual fare increase during BC Ferries'next four-year performance term.

For 10 years, the Islands Trust Council and local government partners have raised concerns that the fares for ferry-dependentcommunities have reached the tipping point where they are causing economic challenges and reducing ferry ridership.

"For years, we've heard clearly from our communities that ferry fare increases have been too steep and are causing hardship forcoastal families and businesses. I appreciate the work that has been done to keep future fare increases lower than In the past, butremain concerned that present fares are unaffordable for our communities," said Luckham. "Current negotiations for a renewedCoastal Ferry Services Contract are a perfect opportunity for the government to invest in coastal communities. Our fundingestimates give the Province credible information to make a sound investment decision. We believe a well-advertised drop in fareson the minor routes would help our communities bounce back and give us all time to work on longer-term solutions with theProvince."

The Islands Trust is a federation of local government bodies representing 25,000 people living within the Islands Tmst Area andanother 10,000 non-resident property-owners. The Islands Trust is responsible for preserving and protecting the uniqueenvironment and amenities of the Islands Trust Area through planning and regulating land use, development management.education, cooperation w/ith other agencies, and land conservation. The area covers the islands and waters between the BritishColumbia mainland and southern Vancouver Island. It includes 13 major and more than 450 smaller islands covering 5200 squarekilometres.

-30-

CONTACT

Peter Luckham

Chair, Islands Trust Council(250)210-2553

Background:

Perrin Thorau &Associates May 2015 report: Calculating Investment Needed to Reduce BC Minor Routes Fares bv25%

Preserving Island communities, culture and environmentBowen, Denman, Hornby, Gabriola, Galiano. Gambler, Lasqueti, Mayne, N. Fender, Salt Spring, Satuma, S. Render, Thetis

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District of Lantzville

REPORT TO CAO

Regular Council Agenda ItemJune 22,2015

File: 3060-20-DP15-119Q:\DISTRICr OF LANTZVILLE\Reports to Council\2015\3060-20-DP15-119 staff report Thompson

AUTHOR; Lisa Bhopalsingh, Community Planner

SUBJECT: Development Permit Application No. 3060-20-DP15-1197386 Sunbury Rd (Applicant: Leonard and Gail Thompson)Lot A District Lx)t 54, Nanoose District;, Plan EPP26253

Recommendation

THAT Council approve Development Permit Application No. 3060-20-DP15-119 to allow removal ofan existing house and deck, construction of a new house with decl<s and patios, general residentiallandscaping, and address works undertaken without a permit on stairs and a patio within the SteepSlope and Coastal Protection Development Permit Areas and subject to the general requirementsoutlined on Schedule Nos. 1 and 2 attached to the June 22, 2015 Staff Report.

Alternatives

1. THAT Council not approve Development Permit Application No. 3060-20-DP15-119 assubmitted.

2. THAT Council request that the applicant of Development Permit Application No. 3060-20-DP15-119 provide further information or documentation.

Purpose

To consider an application for a development permit for the removal of an existing house anddeck, construction of a new house with decks and patios, general residential landscaping, andaddress works undertaken without a permit on stairs and a patio within the Steep Slope andCoastal Protection Development Permit Areas (DPAs) pursuant to theDistrict ofLantzviiie OfficialCommunityPlan Byiaw No. 50,2005'.

Background

The subject property is a high bank waterfront parcel located at 7386 Sunbury Road and legallydescribed as Lot A District Lot 54, Nanoose District, Plan EPP26253 (see Attachment No. 1).The property is approximately 0.57 hectares (1.43 acres) and currently contains a one storey,single family dwelling unit and two detached accessory buildings.

The subject property (and surrounding properties) Is zoned Residential 1, Subdivision District 'L'(RSIL) pursuBint to ^^Distnct ofLantzviiie Zoning ByiawNo. 60,2005'. The minimum setbackrequirements for buildings and structures within Section 3.4.6.1, the Residential 1 (RSI) zoneare 8.0 metres from the front lot line, 2.0 metres from the interior and rear lot lines, and 5.0metres from all other lot lines. This waterfront property is also affected by Section 3.3.9 -Setbacks to the Sea of the Zoning Bylaw, which requires a setback of 8.0 metres from thenatural boundary of the ocean for any buildings or structures. No variances to the ZoningBylaw are requested as part of this application.

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DP No. 3060-20-DP15-119Report to CAO - June 22.2015Page 2

The northern part of the subject property bordering the ocean is designated within the SteepSlope and Coastal Protection DPAs pursuant to ''̂ District of LantzviHe Official Community PlanBylaw No. 50, 2005' (see Attachment No. 2). The Steep Slope Protection DPA applies to landswith a 30 degree incline or more and was established to ensure that potentially hazardousconditions are avoided, adequate tree cover retained and surface water runoff minimized. Inthe absence of a geotechnicai report establishing a safe setback, no development or alterationof land is permitted on escarpments or within 30 metres of the top of the ridge or the base ofthe slope.

The Coastal Protection DPA extends a distance of 15 metres measured inland from the propertyboundary or natural boundary of the Georgia Strait. This was established to ensure thathazardous conditions are avoided, and that the integrity of the slopes and shoreline ismaintained.

Though not mapped in the Sensitive Ecosystem Protection Development Permit Area, staff wereaware that there Is the potential for eagle perch trees on the property, close to the top of thebank on both the subject parcel and an adjacent property to the east.

As a condition of the subdivision that created the subject property in 2012, a Section 219Covenant was registered on the Certificate of Title to address the potential for a "'HazardousCondition" due to the steep slope. This Covenant protects the District of LantzviHe from anyliability arising from the use or development of the land. The Covenant commits the propertyowner to use the land in accordance with the requirements of an attached geotechnicai reporttitled "'^Proposed Residence, 7386 LantzviHe Rd, LantzviHe Geotechnicai Slope HazardAssessment of Two Newiy SuixJivided Lot^', prepared by Lewkowich Engineering AssociatesLtd. (LEA) and dated July 4, 2012.

The July 4, 2012 LEA geotechnicai report recommends a minimum 7.5 metre setback from thetop of the slope for any new residential construction. While the existence of this covenantprovides conditions for future land alteration of the site in relation to the steep slope, it doesnot however, replace the need for future development permits for land alteration within DPAsas required by "District of LantzviHe Official Community Plan Bylaw No. 50, 2005".

As the applicant is proposing to alter land within both the Steep Slope and Coastal ProtectionDPAs, a development permit is required (see Schedule No. 2). The DP application relates to theproposed removal of an existing house and deck located within the two DP areas as well aswithin the 7.5 metres minimum setback from the top of the slope recommended by the July 4,2012 geotechnicai report. A new house is proposed that would be set further back from the topof the slope, outside the 7.5 metre top of the slope setback area and the 15 metre setback areafrom the natural boundary of the coast. The DP application includes the construction of a newpatio near the existing stairs and, general residential landscaping (shaping of land for lawn andgarden areas). It also addresses existing work undertaken between 2012-2014 without a DPto rebuild stairs to the foreshore and construct a landing/patio at the top of a slope.

The site survey of the property (see Schedule No. 2) also shows the footprint of two accessorybuildings to be removed and siting for a proposed new garage. Both the existing and proposedaccessory buildings are not subject to Development Permit Area requirements. As such theapplicants have applied for building permits to remove the existing accessory buildings andconstruct a new one to be used as a garage.

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DP No. 3060-20-DP15-119

Report to CAO - June 22.2015Page 3

Discussion

The proposed development involves removing the existing house and deck, building a newhouse beyond the minimum recommended 7.5 metre setbacl< from the top of the slope forresidential buildings. Part of the existing and proposed new house and deck, all of the existingstairs and patio, new proposed patio and part of the general landscaping are currently orproposed to be located within either or both of the Steep Slope and Coastal Protection DPAs(See Attachment No.2 andi Schedule No. 2).

A geotechnical report prepared for the purposes of this DP application (entitled ''ProposedResidence, 7386 Sunbury Road, Lantzville, B.C." prepared by LEA and dated June 15, 2015)contains the following considerations and conclusions:

• The report describes the slope surface as steep and cliff-like and notes no sign of failureduring a June 1, 2015 site visit.

• States that the "^demolition of the existing residence and deck would not negativelyimpact the integrity of the bedrock slope and coastal areef'.

• Re-affirms the previous July 4, 2012 LEA geotechnical report recommendation of aminimum 7.5 m setback from the top of the slope for new residential construction.

• States that proposed house and deck, and existing stairway to the foreshorewould/do not negatively impact coastalprocesses and the stability of the slope."

• Concludes that the subject slope is safe from a geotechnical perspective, for the useintended (single family residence).

• Asserts that significant alteration of the terrain is planned' relating to proposedlandscaping which is intended to be ''general shaping of the ground for lawn andgarden areas, and relatively small patio areas".

The geotechnical report includes a statement that the proposed use of the site is consideredsafe from a geotechnical perspective, the probability ofa geotechnical failure resulting inproperty damage ofless than 10 percent (10%) in 50 years, with the exception ofgeohazardsdue to a seismic event which are to be based on a 2 percent (2%) probability ofexceedance in50 years, provided the recommendations in this report are followed'.

The District of Lantzville's Guidelines for the Preparation of Geotechnical Reports state that theengineer's recommendations and conclusions must "^certify that the land is safe for the intendeduse with the probability of a geotechnical failure or another substantial hazard resulting inproperty damage ofless than 2 percent (2%) in 50 year^'. The OCP does not include a specificrisk threshold. The risk level associated with seismic events identified by the geotechnicalengineer in this case meets the report guidelines; however the overall probability of ageotechnical failure is reported as higher - less than 10 percent in 50 years. The proposal does,however, meet the risk threshold in the 2010 Building Code and the Guidelines for LegislatedLandslide Assessments for Proposed Residential Developments in BC (by the Association ofProfessional Engineers and Geoscientists of BC - APEG).

Furthermore the Section 219 Covenant registered on the subject property's Certificate of Title in2012 includes a clause saving the District of Lantzville harmless from any loss that arises out ofthe Hazardous Conditiori'. Given the existence of this clause in the 2012 Covenant, theapplicant will not be required to register the June 15, 2015 LEA geotechnical report on theCertificate of Title as a condition of the issuance of this Development Permit.

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DP No. 3060-20-DP15-119

Report to CAO - June 22, 2015Page 4

An environmental report C'Perch Tree Assessment, 7386 Sunbury Rd, Lantzvllle B.C."; preparedby Aquaparian Environmental Consultants, dated May 26, 2015) identifies potential eagle perchtrees and concludes that if care is taken to avoid root compaction from heavy machinery thatno impact is anticipated from the removal of the existing house. The report recommendsinstalling orange snow fencing outside the drip line of the trees and shrubs along the top of thebank to ensure compaction does not occur. The report also indicates that no long term impactson eagles potentially using the perch trees are anticipated from the proposed constructionactivity.

Public Consultation Implications

As the application does not include a request to vary the Zoning Bylaw requirements, nonotification beyond the inclusion of the Development Permit Application Report on the RegularCouncil Agenda is required.

Financial ImplicationsCosts to process this application are considered to be within the fees prescribed by the ""Districtof Lantzville Land Use and Development Procedures and Fee Bylaw No. 37, 2005' and anyamendments thereto. It is not anticipated that additional costs will be incurred on thisapplication.

SUMMARY

The applicant is requesting Council's consideration to approve a development permit inconjunction with construction within the Steep Slopes and Coastal Protection Development PermitAreas pursuant to the "'District of Lantzville Official Community Plan Bylaw No. 50, 2005'. Novariances to "^District of Lantzville Zoning Bylaw No. 60, 2£D5" are requested as part of thisapplication.

A geotechnical engineer has certified that the land may be used safely for the use intended andconfirms that work undertaken without a DP on the patio and stairway to the foreshore doesnot impact coastal processes and the stability of the slope. Therefore, staff is recommendingthat the Development Permit Application No. 3060-20-DP15-119 be approved, subject to thegeneral requirements outlined in Schedule Nos. 1 and 2 attached.

Respectfully submitted

Lifsa BhopalsinghCommunity PlannerDistrict of Lantzville

Reviewed By:

CAO Dir. Finance Director of PW DDCA

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DP No, 3060-20-DP15-119Report to CAO - June 22, 2015Page 5

Attachment No. 1

Subject PropertyDevelopment Permit Application No. 3060-20-DP15-119

7386 Sunbury Rd (Applicant: Leonard and Gail Thompson)Lot A District Lot 54, Nanoose District, Plan EPP26253

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Location of subject property

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DP No. 3060-20-DP15-119

Report to CAO - June 22, 2015Page 6

Attachment No. 2

Development Permit Areas on Subject PropertyDevelopment Permit Application No. 3060-20-DP15-119

7386 Sunbury Rd (Applicant: Leonard and Gail Thompson)Lot A District Lot 54, Nanoose District, Plan EPP26253

Coastal Protection

DPAIV

(dotted area

steep Slope

Protection DPA II

(diagonal linedarea) m

Existing

Accessory

Buildings to

Be Removed

Existing Stairs

renovated and new

patio built without a DPbetween 2012-2014

Location of subject property

Existing House to

Be Removed

m

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DP No. 3060-20-DP15-119Report to CAO - June 22,2015Page?

Schedule No. 1Conditions of Approval

Development Permit Application No. 3060-20-DP15-1197386 Sunbury Rd (Applicant: Leonard and Gail Thompson)

Lot A District Lot 54, Nanoose District, Plan EPP26253

Development within the Lantzville Official Community Plan Bylaw No. 50, 2005Steep Slope and Coastal Protection Development RemitAreas,

To permit construction in compliance to the guidelines specified in Section 11.3 of the OfficialCommunity Plan.

The following sets out the requirements of Development Permit No. 3060-20-DP15-119:

General Requirements:

1. The subject property shall be developed in accordance with Schedule Nos. 1 and 2, attachedto and forming part of this permit.

2. The proposed development shall be conducted In accordance with the provisions of the"^District ofLantzville Zoning BylawNo. 60, 2005'.

3. There shall be no further alteration of land within the subject Development Permit Areasestablished by the District ofLantzville Official CommunityPlan Bylaw No. 50, 2005' otherthan as permitted by this Development Permit, without written approval by the District ofLantzville.

4. The existing house marked on the site plan shall be removed, so that only one dwelling unitIs present on the parcel.

5. The property shall be developed in accordance with the recommendations in the 6-pageenvironmental report entitled Perch Tree Assessment, 7386 Sunbury Rd, Lantzville B.C.",prepared by Aquaparian Environmental Consultants and dated May 26, 2015, as submittedas part of this application. This includes but is not limited to Installing orange snow fencingoutside the drip line of the trees and shrubs along the top of the bank to ensure compactiondoes not occur.

6. Typical residential landscaping to shape lawn and establish garden beds will be permitted.The applicant Is also encouraged to plant dense, low growing shrubs along the top of thebank to increase slope stability and prevent future erosion. Beyond this, the applicant willbe required to confirm with the District of Lantzville the need for a Development Permitprior to proceeding with landscaping that could impact slope stability or coastal processesincluding the removal of plants and trees.

7. The property shall be developed in accordance with the 3-page geotechnical report: entitled^''Proposed Residence, 7386 Sunbury Rd, Lantzville B.C.", prepared by LewkowichEngineering Associates Ltd. (LEA) and dated June 15, 2015.

8. Storm water drainage for all construction (including patios) shall follow therecommendations in the June 15, 2015 LEA geotechnical report that recommends directingrainwater Into a cistern with overflow directed towards existing storm sewer drainage. Nostorm water shall be discharged over the bank.

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DP No. 3060-20-DP15-119

Report to CAO - June 22, 2015Pages

9. Construction activity wltfiin the 7.5 metre setback from the top of the slope shall bereviewed by the applicant's geotechnical engineer and confirmation that construction hasbeen carried out to the geotechnical engineer's satisfaction be submitted to the District ofLantzville.

10. The applicant shall comply with the conditions imposed by the RDN Building InspectionDepartment as part of any future Building Permit process.

11. The applicant is required to obtain ail necessary provincial and federal approvals; theissuance of this Development Permit in no way provides the assurance of meeting thespecific requirements of provincial or federal authorities.

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DP No. 3060-20-DP15-119

Report to CAO - June 22. 2015Page 9

Schedule No. 2

Site Plan

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