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Kevin Cormack
Pam Mierau, Manager of Development Services
Megan Squires, Senior Planner
April 7, 2015
OCP and Rezone Application for Nelson Landing Development at 1200 Sproat Drive
The City has recieved an application to amend the Official Community Plan Bylaw 3247, 2013 and Zoning Bylaw 3199, 2013. To
facilitate changes to the land use zone, amendments must be made to Subdivision and Development Servicing Bylaw 3170, 2011
and Off-Street Parking and Landscape Bylaw 3274, 2013. The Applicant is also requesting approval of a Phased Development
Agreement Bylaw with a term of 20 years.
Applicant
Property
That a portion of Lot A, District Lots 58A, 97, 4280 and 16272, Plan NEP 70102, Except Plan NEP 74998
(PID: 025-180-142), Block E of District Lot 4280, Block C of District Lot 14562, Part of District Lot 4280,
Part of Block B of District Lot 14562, all of Kootenay District.
serving commercial - including a limited amount of office up to 500 square metres - from approximately 2000
square metres to 2500 square metres, and to allow for increased residential density from approximately 200
to 265 units.
Zoning Bylaw 3199, 2013
To amend the zoning to consolidate five land use zones (CD 5, 6, 7, and 8 and P1) into one comprehensive
development mixed-use residential and commercial land use zone, CD 5, as follows: increased residential
from 200 to 265 units; increased commercial from 2000 square metres to 2500 square metres including up to
500 square metres of office; commercial uses limited to 465 square metres except for Garage, Tourist
Accommodation and Marina; Tourist Accommodation limited to 40 units; creation of a new use - Pocket
Neighborhood, Residential; add new permitted uses to the zone including Animal Daycare, Health Services,
Participant Recreation Services, Personal Service Establishment, Veterinary Clinic, Office, Market, Garage
(parking), Micro-Brewery and Mobile Food Vendor; increased lot coverage from 45% to 55%; reduced front lot
line setback from 4.5 m to 0.6 m; reduced rear lot line to allow for up to 12% of the 4.5 m rear setback to be
encroached upon by the principle building and/or building projections; reduced minimum frontage from 15 m
to 12 m; increased heights from 10 m to 11 m; increased amenity space provision from approximately 5300
square metres to approximately 14,300 square metres; reduction in the number of waste and recycling
facilities from one container per parcel to a total of four containers in total located equitably throughout the
site so that residents travel a maximum of 85 m to access a facility.
To amend the City's Offical Community Plan, Zoning, Subdivision and Development Servicing, and Parking
bylaws to facilitate a mixed use residential and commercial development on 8.492 hectares of land in the East
Waterfront area.
Background:
The property commonly referred to as 'Nelson Landing' is one legal lot with five different land use zones. The subject
property consists of 8.492 hectares (84,920 square metres or 20.98 acres) and includes Phase 1, which received approval
of a Development Variance Permit from Council in March 2014. Phase 1 is 0.12 hectares (1,249.33 square metres or 0.30
acres) in area and includes the proposed development of an eight-plex multi unit residential development.
The variances approved by Council for Phase 1 include: increased lot coverage from 45% to 60%, reduced front setback
from 4.5 m to 0.6 m, reduced rear setback from 4.5 m to 1.0 m, increased height from 10 m to 10.5 m, reduced multi-use
pathway width from 4.0 m to 3.5 m, reduced road right-of-way (ROW) from 18 m to 12 m, reduced road width from 9.0 m to
7.0 m gutter to gutter, removal of the sidewalk requirement, reduced driveway width to 3.0 m, reduced minimum ROW width
for a single storm service from 4.5 m to 3.0 m and permission to create a permeable surface on the multi-use pathway.
The owner wishes to achieve similar zoning for the remainder of the property to further develop multi unit residential, as well
as commercial uses. The applicant is requesting amalgamation of the five existing comprehensive development zones into
one zone to facilitate this future development.
Analysis:
1
The current land designation (in the OCP) is Mixed-Use Residential. The proposed new CD 5 zone is consistent with
this designation.
2.
Current zoning for the property is Comprehensive Development Zones 5, 6, 7 and 8, and P1 East Waterfront in Zoning
Bylaw 3199, 2013. These zones permit low and medium density multi-unit residential, with a maximum of 91 dwelling
units. Also permitted are tourist and recreational activities including hotel (up to 110 hotel rooms), restaurants, pubs,
marinas, and seaplane base terminals.
3.
The subject property, including Phase 1 (1,249.33 square metres), is approximately 8.492 hectares (84,920 square
metres) in area. Development Variance Permit No. 1401001 was approved by Council in April 2014 for Phase 1. It
allowed for construction of an eight-unit residential building.
4.
The subject property is located within Development Permit Area 2: Downtown and Waterfront, as well as Development
Permit Area 3: Natural Environment and Hazardous Lands. The Applicant has applied for amendments to the Official
Community Plan Bylaw 3247, 2013, Zoning Bylaw 3199, 2013, Subdivision and Development Servicing Bylaw 3170,
2011, and Off-Street Parking and Landscape Bylaw 3274, 2013. Final subdivision approval for Phase 1 is pending and
will be signed off by the Approving Officer once the requirements of the Preliminary Layout Review have been
completed. These include, among other things, construction of the foreshore pathway and the public road for the first
phase of development and receipt of the Certificate of Compliance.
5.
ENVIRONMENTAL CONSTRAINTS: Three environmental studies have been undertaken on the subject lands to
determine the level and type of contamination as well as potential mitigation. Two areas within the subject lands have
been identified as contaminated, and the Applicant has received Approvals in Principle (AIPs) from the Ministry of
Environment for proposed remediation plans. The identified contamination is in soil and groundwater. Common to
most brownfield sites, the way the contamination is distributed does not make it technically or economically sensible to
phsyically remove the contaminated soil and groundwater and replace it with clean material. The contamination has
been risk assessed for the risks to specific receptors such as aquatic life, animal, plants and humans. Through this
process, it has been determined that the contamination that exists on the development lands is not moving anywhere
and is not going to harm any plants, animals, aquatic life, or humans provided that certain conditions are met. These
conditions include covering of the ground surface by either buildings, pavement or concrete, and any areas that are not
covered have at least one metre of topsoil covering up the old ground surface. These measures have been deemed
sufficient in acting as a physical barrier between the old KFP mill soils and the new soil surface. It is this physical
barrier that makes the development lands acceptable for use, based on the risk assessment that has been completed.
Once all conditions for each development phase have been met through site development, a report will be submitted to
the Ministry of Environment with an application for a Certificate of Compliance. Certificates of Compliance will be
required for subdivision approval. The AIPs will be updated every five years as required by the MOE.
6.
The sequencing of the provision of amenities over the term of the PDA will ensure significant public benefits are
provided concurrently with the benefitting phases of development. The length of the PDA term and proposed phasing
of amenities also represents the City of Nelsons consideration of acquiring these public assets incrementally and in
manageable segments, and establishing service areas as needed to finance the operations and maintenance of these
assets. With this context, the proposed term is based on a reasonable business case both for the land owner and the
City.
7.
INCREASED DENSITY: The Applicant is requesting increased commercial density from 2,000 sq. m. to 2,500 sq. m.
to accommodate both local serving retail, as well as the ability to capture potential tourist serving commercial uses
targeting the needs of tourists and residents alike. The maximum use area for commercial uses will be limited to 465
square metres except for Garage (parking), Marina and Tourist Accommodation. The Applicant is also requesting a
limited amount of office space - up to a maximum of 500 square metres. An increase in the number of residential units
from approximately 200 to 265 units is being requested, with the inclusion of the potential for a pocket neighborhood,
residential incorporating detached or duplex residential dwellings gathered around a shared open space (maximum of
22 dwelling units). Tourist Accommodation (hotel) will be limited to a maximum of 40 units. This increased density is in
alignment with the City's Official Community Plan which calls for a mix of smaller lot sizes, adding multi-unit residential
dwellings within the City's neighborhoods, and directing higher density, mixed use growth to the Downtown and
Waterfront areas.
8.
LOT COVERAGE:
Existing lot coverage is 0% as the land is vacant. The maximum lot coverage currently permitted under the existing
zoning ranges between 45% and 50%. The applicant is requesting that the lot coverage be increased to 55% (Phase
1 was approved at 60%), as there may be fluctuations in lot area size resulting from the final alignment of the pathway
and retaining wall structures along the waterfront. Staff have no concerns with this request. The lot coverage
calculation is based on subdivision of the land which will dedicate a waterfront pathway and create an extension of
Sproat Drive. Without the road and waterfront pathway dedications, the lot coverage would be approximately 25%.
9.
10.
11.
HEIGHT: Current heights permitted in the CD 5-8 zones range from 10 m to 16 m. The Applicant is requesting an
increase of 1.0 m to the bottom end of this range, resulting in a range of 11 m to 16 m. The 16 m heights would occur
in Area V and Sub-Area W1 - the same general areas where these heights are currently allowed. The main change to
the current zoning would be to allow 11 m heights within the narrow, central portion of the site (Area W). The 1.0
metre height increase is being requested to accommodate a varied roofline which will add architectural interest to
future development. Staff have no concerns with this request.
12.
WASTE AND RECYCLING: The Applicant is requesting a revision to the waste and recycling requirements to
accommodate the narrow, linear central portion of the site. To accommodate the narrow width of this area of the site,
the Applicant is requesting a change to the bylaw from one 11 square metre container per lot with a minimum height of
4 m to providing four 11 square metre containers with no minimum height requirement to be located throughout the
entire site area to achieve minimal intrusion to the landscape and spaced so that residents travel a maximum of 85 m
(0.08 km) to access the facility. This change will impact approximately 65 residents or 25% of the total density allowed
on the site. Staff have no concerns with this request.
13.
ROAD STANDARD: The Applicant is requesting a reduction of the road right-of-way from 18 m to 12 m, and a
reduction of the road width from 9 m to 7 m, gutter to gutter. Staff have reviewed the street widths for various streets in
Nelson, and have found that there are numerous cases where there is less than 7 m wide roads where two lanes of
traffic are intended, and in areas where no sidewalks are provided. Furthermore, both Engineering and Nelson Hydro
Staff have confirmed that servicing (as proposed) will work within the 12 m road width. It is a priority of staff to ensure
that current and future roads meet acceptable safety standards and that active transportation is a priority. Staff are of
the opinion that the application presented addresses the concerns raised by the community and staff. There are
provisions within the Phased Development Agreement to review the road allowance and amend if required.
A significant amount of public input received during the approval of Phase 1 was focused on the lack of a public
sidewalk. The provision of a 3.5 m wateRfront pathway was not deemed sufficient by the public given the significant
amount of use that this area experiences. Although not required by Council in Phase 1, the Applicant committed to
providing a 1.5 m sidewalk within the 12 m road width, and they are committed to extending this sidewalk on the north
side of the road throughout the remainder of the development. The sidewalk width is a reduction from the standard
width of 1.8 m.
Staff are also requesting that as a condition of approval of the variance for the reduced road width, that the road be
signed as a "Shared Use Lane Single File" with sharrows on the pavement surface as per the Transportation
Association of Canadas TAC Bikeway Traffic Control Guidelines for Canada (2012). This would be completed as part
of the Subdivision requirements. The "Shared Use Lane Single File" signage and markings would ensure that cyclists
and vehicles share the road.
14.
PARKING: All on-site residential parking requirements (resident and visitor) will be provided for on each individual lot
in compliance with bylaw requirements. Comments from the community during Phase 1 also focused on the need for
public parking to accommodate people that are coming down to make use of the property and access Red Sands
Beach. While there is no current legal public access to either Red Sands or the CP right of way, this area experiences
a significant amount of recreational use. In consideration of the reduced road width from 9 m to 7 m, on-street parking
is limited to designated pull-outs spaced throughout the development. In addition to the 5 public parking stalls provided
for public use in Phase 1, 15 public parking stalls will be provided in designated pullouts spaced throughout the
remainder of the development area. The Applicant is also providing $70,000 to the City to construct additional
parking stalls and toilet facilities off of Bealby road adjacent to the Red Sands Beach area.
15.
PARKING RATES: The Applicant is requesting reduced parking rates for three uses within the development. For
Care Services, the reduced rate requested is from 1 stall/30 sq. m. to 0.25 stalls per unit for 1 bedroom units, and 1.25
stalls per unit for 2+ bedroom units. The reduced rate for 1 bedroom units is consistent with the rate that was
previously specified in Land Use Regulation Bylaw 2243, 1987, and based on research from other areas it is more in
keeping with anticipated demand for this size of unit. Similarly, individuals that choose more than 1 bedroom units will
likely have the disposable income for a vehicle as well and will require the increased parking rate. Staff have no
concerns with this request. For Marina, the reduced rate requested is from 1 stall per 3 boat spaces to a total of 5
spaces. The Applicant will provide for a covenant on title limiting boat moorage within the Marina to residents within
the East Waterfront Area located within the boundaries of Elwyn Street, Highway 3, and the natural boundary of
Kootenay Lake, roughly a 15 minute walking radius, which will eliminate a significant amount of traffic. Staff have no
concerns with this request. For commercial, the reduced rate requested is from 1 stall/30 sq. m to 1 stall/40 sq. m.
Given the local nature of the commercial and that much of the catchment area is within walking distance, staff have no
concerns with this request. There are provisions within the Phased Development Agreement to review these parking
ratios and amend if required.
16.
MULTI-USE PATHWAY:
The OCP identifies a multi-use pathway along the eastern portion of the waterfront. The Subdivision and Development
Servicing Bylaw requires a 5.0 m right-of-way with a 4.0 m paved pathway and 0.5 m gravel shoulders on either side.
The Applicant is proposing a 5.0 m right of way dedication with a 3.5 m permeable pathway with 0.5 gravel shoulders
on either side. A 0.5 m decrease in the travel surface is needed to accommodate the retaining wall structure that is
necessary in order to establish the waterfront path. For context, the John's Walk pathway is approximately 2.5 m wide
on average. Given the local nature of the commercial, the significant catchment area within walking distance, and the
impact of the waterfront path on increased non-vehicular commercial support, staff have no concerns with this request.
A permeable pathway will provide continuity with the John's Walk pathway, and a permeable surface is preferable to a
paved surface within a riparian zone.
17.
DRIVEWAY WIDTH:
A reduction in the minimum driveway width from 4 m to 3 m. This request is supported by staff as it reduces the
amount of required pavement surface and increases landscaping opportunities.
18.
19.
PUBLIC COMMENTS:
Advisory Planning Commission: The application was presented to the APC on September 17, 2014. APC members
voted unanimously in favor of the rezoning to allow for future development of a mixed use residential property.
Phase 1: The community responded negatively to the Development Variance Permit application for Phase 1. In
response, the Applicant hosted an Open House on March 11, 2014. The City then hosted another Open House on
March 17, 2014. Concerns raised by the public at these open houses included the number of variances requested, lack
of off-street parking, green space, the lack of a sidewalk on Sproat Drive, the narrow road width, future access to Red
Sands Beach and the CPR path, the large scale of the development, traffic concerns with enclosed garages being
located close to the street, and public amenity space.
Rezoning Application: The Applicant hosted Open Houses on September 3rd and 17th, 2014. Three comment forms
were received, as well as a one letter emailed to Staff. Approximately 65-70 people attended the first open house.
Comments received from the public, both verbally and in writing included concerns with traffic on John's Walk and the
timing of construction of the CPR crossing, traffic calming on Sproat Drive, the 12 m road width, loss of views for
adjacent properties, higher density, future access for walkers, traffic impacts on 4th Street and 7th Street, pedestrian
safety on Sproat Drive, driveways backing out onto Sproat Drive, the lack of on-street parking, construction traffic and
lack of parkland in the development.
Any additional correspondence received prior to 4:00 pm on Monday April 7, 2015 will be provided to Council and
made part of the public record. All responses received at the time of writing this report are attached for Council's
consideration. As per the Local Government Act, notice of a Public Hearing will be advertised in the local newspaper
and owners and tenants of land within 60 m of the subject property will be notified of the amending bylaws.
20.
REFERRALS:
The application was circulated to city staff in Nelson Hydro, Public Works & Utilities, and Fire. Staff have worked with
the Applicant to ensure servicing requirements will be met and that all emergency service issues are addressed
through the development.
The application was circulated to Fortis BC, the Ministry of Transporation and Infrastructure, and BC Transit.
Fortis BC - no comments received.
Ministry of Transportation and Infrastructure - MOTI requested the Applicant update the PM peak hour trips based
on 265 residential units from 200 units, and update/revise recommendations if required. The Applicant's Traffic
Engineer reviewed the increased density and found negligible impacts and deemed the original findings of the study
still valid.
BC Transit - BC Transit requested the road network be designed to allow for a conventional (40 foot) transit bus to
turn around safely in addtion to being able to access a bus stop. Routing of the bus will cross the CP rail lines on the
extension of 7th Street and a bus stop will be provided for in the existing Sproat Drive cul-de-sac at the current end of
Sproat. BC Transit has no objection to the development.
Recommendation:
That Council passes the following resolutions:
The application to rezone that portion of Lot A, District Lots 58A, 97, 4280 and 16272, Plan NEP 70102, Except Plan
NEP 74998 (PID: 025-180-142), Block E of District Lot 4280, Block C of District Lot 14562, Part of District Lot 4280,
Part of Block B of District Lot 14562, all of Kootenay District be recommended to Council as follows:
1. That the "Official Community Plan Amendment (Nelson Landing) Bylaw No. 3311, 2015" be introduced and
read a first time and a second time by title only
2. That the "Zoning Amendment (Nelson Landing ) Bylaw No. 3312, 2015" be introduced and read a first time
and a second time by title only.
3. That the Nelson Landing Phased Development Agreement Bylaw No. 3310, 2015 be introduced and read a
first time and a second time by title only.
4. That a Public Hearing pursuant to the Local Government Act be scheduled for the Official Community Plan
Amendment (Nelson Landing) Bylaw No. 3311, the Zoning Amendment (Nelson Landing) Bylaw and the
Nelson Landing Phased Development Agreement Bylaw No. 3310.
5. That a covenant satisfactory to the City is registered on title of that portion of Lot A, District Lots 58A, 97,
4280 and 16272, Plan NEP 70102, Except Plan NEP 74998 (PID: 025-180-142), Block E of District Lot 4280,
Block C of District Lot 14562, Part of District Lot 4280, Part of Block B of District Lot 14562, all of Kootenay
District that ensures that boat moorage within the marina be limited to residents within the East Waterfront
area located within the boundaries of Elwyn Street, Highway 3, and the natural boundary of Kootenay Lake,
roughly within a 15 minute walking radius.
6. That the Subdivision and Development Servicing Amendment (Nelson Landing) Bylaw No. 3313, 2015 be
introduced and read a first time and a second time by title only.
7. That the Subdivision and Development Servicing Amendment (Nelson Landing) Bylaw No. 3313, 2015 be
read a third time by title only.
8. That the Off-Street Parking and Landscape Amendment (Nelson Landing) Bylaw No. 3314,2015 be
introduced and read a first time and a second time by title only.
9. That the Off-Street Parking and Landscape Amendment (Nelson Landing) Bylaw No. 3314, 2015 be read a
third time by title only.
Regards,
day of
day of
, 2015
, 2015
day of
, 2015
day of
day of
, 2015
, 2015
_____________
Mayor
CERTIFIED A TRUE AND CORRECT COPY OF THE
Official Community Plan Amendment (Nelson Landing)
Bylaw No. 3311, 2015
Corporate Officer
Director of Corporate Services
day of
day of
, 2015
, 2015
day of
day of
, 2015
, 2015
_________________
Mayor
CERTIFIED A TRUE AND CORRECT COPY OF THE
Subdivision and Development Servicing Amendment
(Nelson Landing) Bylaw No. 3313, 2015
_________________
Director of Corporate Services
Corporate Officer
That Section 7.3 Off-Street Vehicle Parking Requirements of the said Bylaw
be amended by adding the following section 7.3.(3):
7.3. (3)
2.
_____________
Mayor
CERTIFIED A TRUE AND CORRECT COPY OF THE
Off-Street Parking and Landscape Bylaw 3314, 2015
_____
________
Corporate Officer
NelsonLan
ndingOVERVIEW
Overview
wofNelsonLLandingDevvelopmentProposal
mittedinJuly20
014bySproule
e+Associatesoonbehalfofth
heNelsonLand
dingDevelopm
ment
Anapplicationwassubm
ontorezoneawaterfrontpro
opertyofappro
oximately8.5hhectares(21accres)attheeasternterminussof
Corporatio
SproatDrivve(thedevelo
opmentlands).Alllandspro
oposedforredeesignationarecurrentlyown
nedbyNelson
LandingDe
evelopmentCo
orporation.
history
Thepropertyhasalongh
umberindustryyand
withthelu
wasusedaasamillsiteforat
least50ye
ears.Itwassub
bjected
toconsiderableprogresssive
od
infilling,mainlywithwoo
orming
wasteanddebris,transfo
theshoreliineofKootenaayLake.
Alargeme
etalstructurew
was
constructe
edontheforesshorein
the1970s,referredtoassthe
PecoDeck,,whichwasmeantto
holdnewccranestobeinstalled.
Awastece
elltotheeasto
ofthe
developme
entlandswas
constructe
edinthesametime
period,tohostwastemaaterial
millactivities,aandis
fromthem
currentlyo
ownedbytheC
Crown.
Thesawmiillwaspermanently
closedin1
1984duetoa
declininglu
umbermarket.The
immediate
esurroundingaareaof
thedevelo
opmentlandsp
provides
numerousrecreational
hiking,
opportunittiesincludingh
biking,boaating,watersports
andswimm
ming.NearbyR
Red
SandsBeacch,locatedtotthe
northofth
hedevelopmen
ntlands
isapopulaarbeachdestin
nation.
Thepropertycommonly
oasNelsonLan
nding
referredto
(developm
mentlands)islocated
inNelsonsseastwaterfro
ontareaandin
ncludesoneleggallotwithfiveedifferentland
dusezones.TThecurrent
developme
entproposalw
wouldamalgam
matethesefivezonesintooneezoneCD5,andwouldinccludeanew
waterfronttdevelopmenttmixedusecommunitywithmediumdens ityresidential includingoppo
ortunitiesfor
seniorsho
ousing,amixofcommercialu
usesincludingamarinaandppublicdaydock,restaurantsandpubs,locaal
retail,asw
wellasanexten
nsivewaterfron
ntpathwaysysstemandtheR
RedSandsBeacchareaasaneewcommunityypark.
ThePecoD
Deckisstillattthesiteandpro
ojectplansincludetheintegrrationofthissstructureinfutturedevelopment.
March117,2015
NelsonLandingOVERVIEW
1.
NEIGHBORHOODPLANCOMPLIANCE
TheintentoftheproposedPDAandrelatedlanduseandsubdivisionservicingamendmentbylawsistoallow
andguidethelongtermdevelopmentofthelandswithinNelsonseastwaterfrontarea.TheSustainable
WaterfrontandDowntownMasterPlanwasadoptedbyCouncilin2011.ThekeygoalsofthisPlanwerethen
adoptedintotheCitysOfficialCommunityPlanin2013.Staffhavereviewedtheapplicationagainstthe
policiesandobjectivesestablishedforthewaterfront,andspecificallytheeastwaterfrontarea.Ingeneral,
theincreaseddensityandmixofusesisinalignmentwiththeCitysOfficialCommunityPlanwhichcallsfora
mixofsmallerlotsizes,addingmultiunitresidentialdwellingswithintheCitysneighborhoods,anddirecting
higherdensity,mixedusegrowthtotheDowntownandWaterfrontareas.Theproposeddevelopment
achievestwoofthetenkeygoalsidentifiedintheSustainableWaterfrontandDowntownMasterPlan
includingenhancingpublicwaterfrontopportunitiesandprotectingRedSandsBeach.
TheproposeddevelopmentalsoachievesseveralofthesustainabilityobjectiveswithinthePathto2040
SustainabilityStrategy,includingprovidingdiverseandaffordablehousingopportunitiesinall
neighbourhoods,connectingresidentialareasviasafe,enjoyablewalkingcorridors,usingnaturalresources
efficientlyandconservingthemtothegreatestextentpossible,protectingthenaturalareasinneighborhoods,
supportingavibrant,safedowntownandwaterfrontasawelcomingspace,fosteringadiverse,flexible
businesscommunitythatsustainsprosperity,andadaptingandflourishingdespiteanuncertain,changing
climateandenvironment.
InMarch2014CouncilapprovedaDevelopmentVariancePermitforPhase1oftheNelsonLanding
developmentproposal.Phase1isapproximately0.12hectares(0.3acres)andconsistsofstackedtownhomes
withfourunitsatgradeandfourunitsabove,aswellasadjacentpublicroad,retainingwallandwaterfront
pathway.Constructionisunderwayonbankstabilizationforapproximately40madjacenttoPhase1.This
stabilizationwork,inadditiontothewaterfrontpathway,isexpectedtobecompletedinApril2015.Road
constructionisanticipatedtooccurbetweenAprilandJuly,withconstructionofthe8plexanticipatedtostart
inJuly/August2015.Phase1wasapprovedwithanumberofvariancestovariousCityofNelsonBylaws.The
followingvarianceswereapprovedbyCouncilforPhase1:
increasedlotcoveragefrom45%to60%
reducedfrontlotlinesetbackfrom4.5mto0.6m
reducedrearlotlinesetbackfrom4.5mto1.0m
increasedheightfrom10mto10.5m
reducedmultiusepathwaywidthfrom5.0mto3.5m
reducedurbanlocalroadstandardfroman18mrightofwaytoa12mrightofway
reducedroadwidthfrom9.0mtoaminimumwidthof7.0mguttertogutter
reducedminimumdrivewaywidthfrom4.5mto3.0m
reducedminimumrightofwaywidthforasinglestormservicefrom4.5mto3.0m
amendedmultiusepathwaydetailtopermitapermeablesurface
InJuly2014NelsonLandingDevelopmentCorporationsubmittedanapplicationforamendmenttotheZoning
BylawaswellastheOfficialCommunityPlanandrequestedthattheabovenotedapprovedvariancesfor
Phase1beextendedtotheremainderoftheproperty,andbeensconcedinaPhasedDevelopment
Agreement(PDA)foraperiodof10years,plusanadditionaltenyearsif40residentialunitshavebeenbuilt.
ThelongtermvisionforthisareaissetoutintheSustainableWaterfrontandDowntownMasterPlan.The
proposedPDAandlanduseregulationswillimplementthebroadvisionoftheMasterPlanandachievekey
goalsinthePlanthathavebeenidentifiedinthisareaforfuturedevelopment.Thisdevelopmentconcept
encompassesapproximately8.5hectares,andincludesresidentialdevelopmentupto265multiunitmedium
densityresidentialunits,aswellasupto2,500m2ofcommercialusesincludingpublicmarina,hotel,local
retail,etc.TheApplicanthasalsocommittedtoprovidingthefollowingamenitiestofacilitatecommunity
development:
March17,2015
NelsonLandingOVERVIEW
constructionofapublicwaterfrontpathwayandSierraSloperetainingwall,andtwopublicaccess
pathways,tobededicatedtotheCityattimeofsubdivisionapprovalandpriortooccupancyandtobe
maintainedbytheCity
provisionofaSierraSloperetainingwallsystemincludingtheinstallationoffishhabitatstructuresand
vegetationintendedtomitigatetheenvironmentalimpactsofdevelopmentthewallistobededicated
totheCityattimeofsubdivisionapproval
dedicationofRedSandsBeachareatotheCity,approximately1hectareofwaterfrontland,onorbefore
theissuanceofthefirstbuildingpermitforPhase2,andtobemaintainedbytheCity
overalldedicationof1.4294haofparkspace,threetimestheamountrequiredbytheLocalGovernment
Act(0.42haor5%ofdevelopmentlands)
contributionof$70,000communityparkimprovementmoneytobeprovidedtotheCityonorbeforethe
issuanceofthefirstbuildingpermitforPhase2
contributionof$625/residentialunittothepublicartfundtoatotalof$25,000
contributionof$250/residentialunittotheaffordablehousingfund
refurbishmentofonepubliclyaccessibledock
provisionofapublicmarinathatfocusesonnonmotorizedboatsandwaterleisure
provisionofpublicroad,anddesignandconstructionofanewroad/CPrailcrossingandconnectionto
SproatDrivetobecompletedonorbeforefinalinspectionoroccupancyofthe71stresidentialunit
retentionofaqualifiedCivilEngineertoensureliftpumpcapacityintheCityssanitaryliftstation(west
endofJohnsWalk),withanengineeringstudytobeprovidedonorbeforetheCityissuesthefirst
buildingpermitinPhase2andcompletionofpumpupgradesatthelandownerscostinaccordancewith
thetimingrecommendationssetoutintheengineeringstudy
remediationofcontaminatedlandsinaccordancewiththeApprovalsinPrincipleassetoutbythe
MinistryofEnvironment
provisionof20publicparkingstallslocatedindesignatedpulloutsdistributedthroughoutthe
developmentlands
TheApplicanthasidentifiedthatthereisasignificantinvestmentrequiredtoremediatethecontaminated
lands,buildthewaterfrontretainingwallandpathwaysystem,aswellasprovidethenumerousother
amenitiestothecommunity,andbelievesthata20yearperiodwherethedevelopmentstandardsare
reasonablyfixedisessentialinordertoprovidethenecessarylevelofsecurityrequiredforthisinvestment.
Thelongertermisnecessarygiventhescaleofdevelopmentandthetimeitwilltaketoachievethefullbuild
out.
ThesequencingoftheprovisionofamenitiesoverthetermofthePDAwillensuresignificantpublicbenefits
areprovidedconcurrentlywiththebenefittingphasesofdevelopment.ThelengthofthePDAtermand
proposedphasingofamenitiesalsorepresentstheCityofNelsonsconsiderationofacquiringthesepublic
assetsincrementallyandinmanageablesegments,andestablishingserviceareasasneededtofinancethe
operationsandmaintenanceoftheseassets.Withthiscontext,theproposedtermisbasedonareasonable
businesscasebothforthelandownerandtheCity.
ApprovalofthedevelopmentproposalwouldalsorequireamendmentstotheSubdivisionandDevelopment
ServicingBylaw,theOffStreetParkingandLandscapeBylawaswellasaPDAAuthorizationBylaw.The
proposedbylawsandPDAtermsareconsistentwiththeSustainableWaterfrontandDowntownMasterPlan
policiesandwouldregulatethefuturedevelopmentoftheselands,includingdevelopmentphasingandthe
provisionofamenitiesasenvisionedintheMasterPlan.
2.
DEVELOPMENTSUMMARY
ThedevelopmentlandsarecurrentlyzonedCD5,6,7,and8andP1.Thesezonespermitlowandmedium
densitymultiunitresidential,withamaximumof91dwellingunits.Alsopermittedaretouristand
recreationalactivitiesincludinghotel(upto110rooms),restaurant,pub,marinaandseaplanebaseterminal.
March17,2015
NelsonLan
ndingOVERVIEW
Thede
evelopmentprroposalistoam
malgamatethe
esefivezonesi ntoonezone,CD5,whichw
willincludethreee
subzonesAreaV,A
AreaWandAre
eaW1(PockettNeighborhoo d,Residential)).
ExistinggZoning
PropoosedZoning
CD5
nvironmentand
TheprropertyiswithinDPArea#2:DowntownandWaterfronttandDPArea##3:NaturalEn
Hazard
dousLands,an
ndwillrequireadevelopmen
ntpermittoad dressissuesoffformandchaaracteraswellas
meetlandscapingan
ndparkingrequ
uirements.Assummaryofthhekeychangessbetweentheexistingzonesand
nthetablebelo
ow:
theprroposedzonesisidentifiedin
AREA
AreaV
V
LANDUSE
mixof
m
co
ommercialand
re
esidential
SUMMARYOFCH
HANGE
AreaW
W(including
SubA
AreaW1)
mediumdensity
m
re
esidential
(includingCare
Services)
Area
asV,W,and
W1
zo
oning
re
equirements
increasedam
mountofcommerccialspacefrom20000m to2500m includes500m o
of
officespace toaccommodate bothlocalservinggretailaswellastheabilitytocaptu
ure
uristservingcomm
mercialusestargettingtheneedsofttouristsandresideents
potentialtou
alike
2
maximumindividualuseareassforcommercialuusesarelimitedto465m
TouristAccommodation(hote l)islimitedto40uunits
reductionintheparkingratiofforMarinafrom11stallper3boatsp
pacesto5stallsto
otal
relaxationof21stalls
2
reductionoftheparkingratio forCommercialussesfrom1stallpeer30m to1stallp
per
2
40m arelaaxationof21stallssatfullbuildoutoofCommercial
newusesincclude:AnimalDayycare,HealthServiices,ParticipantReecreationServicess,
PersonalServiceEstablishmennt,VeterinaryCliniic,Office,Market,Garage(parking),,
MicroBrewe
ery,andMobileFooodVendor
reductionoffrontlotlinesetbbackfrom4.5mto 0.6mforattached
danddetached
garages
reductionofrearlotlinesetbaackforproperties adjacenttothefo
oreshorepathway
principlebuildingandbuildinggprojectionscaneencroachintotherrearsetbackareaup
e4.5mrearsetbacckarea,butcannootbecloserthan11.0mtothepathw
way
to12%ofthe
increasedbu
uildingheightfrom
m10mto11m
2
reductionofparkingratioforCCareServicesfrom
m1stallfor30m tto0.25spacesperr
nitfor2+bedroom
m
dwellingunittfor1bedroomunnitsand1.25spaccesperdwellingun
units
creationofa
anewuse:PocketNeighbourhood, Residential,incorp
poratingdetached
dor
2
duplexreside
entialdwellingsoffnotmorethan1550m gatheredaro
oundasharedopeen
space
increasedressidentialdensityffrom200to265unnits
increasedlottcoveragefrom455%to55%
amenityrequ
uirementsforthe entirepropertyw
willbefulfilledthro
oughdedicationoffa
March117,2015
NelsonLan
ndingOVERVIEW
5mrightofw
wayforthewaterffrontpathwayanddRedSandsBeach
h
development
ervicing
se
re
equirements
3.
reductionofthemultiusepatthwaywidthfrom 4.0mto3.5m.
reductionoftheurbanlocalrooadstandardfrom
m18mto12m
reductionoftheroadwidthfroom9mto7m
reductionofthesidewalkwidtthfrom1.8mto1..5m
reductionoftheminimumdrivvewaywidthfrom
m4.0mto3.0m
reductionoftheminimumrighhtofwaywidthfoorasinglestormservice,sanitaryseewer
waterservicefrom
m4.5mto3.0m
serviceandw
allowthemu
ultiusepathwaytoohaveapermeabbleservice
reducedwassteandrecyclingccontainersrequiredtoaccommodatelong,linearcenttral
portionofsitte
RONMENTALR
REMEDIATION
ENVIR
Nelson
nLandingDeve
elopment
Corporation(NLDC)hasundertake
en
threeenvironmentalstudies:an
Report;a
ImpacctAssessmentR
Geote
echnicalExploraationand
Assesssment;andaSStage1and2
Prelim
minarySiteInve
estigation,
DetailedSiteInvestiggationand
diationPlan.B
Basedonthis
Remed
analyssis,aremediatiionplanand
SierraSloperetainingwallsystem
evelopedandh
hasresultedin
n
wasde
MinisttryofEnvironm
ment(MOE)
Appro
ovalsinPrinciplle(AIPs)forthe
develo
opmentlands.The
develo
opmentlandsccomprisea
portio
onoftheforme
erKootenay
ForesttProducts(KFP
P)Sawmillwhicch
hada50yearhistoryintheforestrry
untilthemillsh
hut
industtryfrom1930u
downin1984.Thisccurrent
opmentpropossalisthethird
develo
timethissitehasbeenproposedfo
or
opment.
develo
ormerKFPSawmillhasbeentthesubjectofvvariousenviro nmentalinvesstigation,clean
nup,and
Thefo
redeve
elopmentprojectssincethemillclosed.In1987MarlakeeDevelopmenttIncpurchased
dthepropertyy
formerlyoccupiedbyKFP,andund
dertookenvironmentalsiteaassessments,howevertheird
development
proposaldidnotpro
oceed.In2009thepropertyw
waspurchaseddbyNelsonLan
ndingDevelopm
mentCorporattion
proposedanen
ntirelynewdevvelopmentplan
n,butthisalsoowentdorman
ntin2011.In2
2012theNelso
on
whop
Landin
ngDevelopmen
ntCorporation
nwaspurchase
edbyanewow
wnerwhoiscurrentlyproceeedingwiththe
proposeddevelopmentplan.
onandRemed
diationPlanforrthe
AStagge1andStage2PreliminarySSiteInvestigation,DetailedSSiteInvestigatio
develo
opmentlandsw
wascompleted
dinJanuary20
014.AsaresulttofthisworkN
NLDChasobtainedAIPsbeing
award
dedforpartsoffthesitethatw
werefoundtohavecontaminnationAreassIandII.AreasIIIandIVwerre
deeme
ednotcontam
minated.AnAIP
Pisaregulatorryapprovalthaatthedevelopmentlandshavebeenadequ
uately
investigatedandthaataprescribedremediationp
planwillremeddiatethelandsstoMOEappro
ovedstandards.
ditionsareconffirmedtomeeetremedialstandards,the
OncettheconditionsoftheAIParemetandcond
March117,2015
NelsonLan
ndingOVERVIEW
proponentwillsubm
mitforaCertificcateofComplianceandtheddevelopmentlandswillbeco
onsidered
diatedandread
dyfortheirintendeduse.
remed
hedevelopmen
ntlandsisinsooilandgroundwater.Commontomost
Theidentifiedcontaminationonth
nfieldsites,the
ewaythecontaaminationisdistributeddoessnotmakeitttechnicallyoreeconomically
brown
sensib
bletophysicallyyremovetheccontaminatedsoilandgroun dwaterandreeplaceitwithcleanmaterial.The
contam
minationhasb
beenriskassessedforthespe
ecificriskstos pecificrecepto
ors,suchasaquaticlife,anim
mal,
plantssandhumans.Throughthisp
process,ithasbeendeterminnedthattheco
ontaminationtthatexistsontthe
develo
opmentlandsiisnotmovingaanywhereandisnotgoingtooharmanyplants,animals,aaquaticlife,or
human
nsprovidedthatcertaincond
ditionsaremet.Thesecond itionsincludeccoveringoftheegroundsurfaceby
eitherbuildings,pavvementorconccrete,andanyareasthatareenotcoveredh
haveatleaston
nemetreofto
opsoil
e.Thesemeassureshavebeeendeemedsuffficientinactinggasaphysical
coveringuptheoldggroundsurface
oilsandthene
ewsoilsurface..Itisthisphyssicalbarrierthaatmakesthe
barrierbetweentheoldKFPmillso
opmentlandsaacceptableforuse,basedontheriskassesssmentthathassbeencompleeted.
develo
enmetthrougghsitedevelop ment,areporttwillbesubmiittedtotheMO
OE
Onceaalloftheconditionshavebee
withaanapplicationfforaCertificate
eofCompliancce.TheAIPsw
willbeupdateddeveryfiveyeaarsasrequiredby
theMOE.
SierraSlopeRetainingWall
DevelopmentPe
ermitArea#3,Natural
nvironment&HazardousLan
nds
En
re
egulatesdevelo
opmentactivitiesnear
watercourses,K
w
KootenayLake,
wetlandsandth
w
heiradjacentlaandsso
asstoprotectaquatichabitat,aandto
co
onserve,enhan
nceand,where
e
ne
ecessary,resto
orewatercourssesand
th
heirriparianareas
riparianareasarealllandswitthin15
mofthehighw
m
atermarkofall
watercourses,w
w
wetlands,and
Ko
ootenayLake
hiighwatermarkkonthedevelo
opment
landsis533.4m
m
no
orthedgeofth
hepropertydro
ops
sh
harplydownto
othelakeduetto
hiistoricalinfillin
ngandthefore
eshore
baanksexhibitsiggnsoferosionforapproximaatelytwothirdssofthelength
hoftheproperrty
aportionofthesteepembankkmentissusceptibletoerosioonbythelakewaveactionaathighwaterleevels
ngofthesteep slopeandrequiressomeforrmofbankstabilizationandprotection
caausingslumpin
SierraSloperetaainingwalldessignwasunderrtakenbyMassseEnvironmen
ntalConsultantts
co
onsistsofmech
hanicallystabillizedearthslop
pesystemsthaatprovideerossioncontrolan
ndretainingwaall
sttructuresatad
diversityofgrades
bu
uiltusing0.5m
mliftswithstru
ucturalcompon
nentsincludinggprimaryreinfforcement,surrficial
re
einforcement,weldedwirem
meshanderosio
onmatcompoosedofpolypro
opyleneorcocconutfibre
lifftscanbesteppedbackfrom
mthosebelowttoprovideasloopedfrontfaceandtoprovid
depedestalarreas
co
ontainingtopso
oilforplantinggtheremaind
deroftheliftsaareloadedwitthcompactedggranularfill
fisshhabitatstructuresandveggetationwillbe
eincorporateddintotheretainingwallstruccturetomitigatethe
en
nvironmentalimpactsoftheprojectasrequiredbytheP rovincialWateerActandtheFederalFisherries
Actascondition
nsofpermittingg
March117,2015
NelsonLandingOVERVIEW
4.
5.
LEGALREVIEWANDRISKASSESSMENT
InaccordancewithSections905.1(4)oftheLocalGovernmentAct,theproposedPhasedDevelopment
Agreement(PDA)termsspecifytheprovisionsofazoningbylaw,asubdivisionbylawandparkingbylawwhich
willapplytothedevelopmentlands(approximately8.5hectaresintotal)whiletheAgreementisineffect.The
PDAtermswillbecomelegallybindingontheownersoftheland(NelsonLandingDevelopmentCorporation)
andtheCityofNelsonthroughexecutionofthePDAfollowingadoptionofPDAAuthorizationBylaw3310.
TheCityofNelsonengagedasolicitor(MichaelMcAllisterfromMurdy&McAllister)toconductathorough
reviewofthedraftzoningandsubdivisionservicingamendmentbylaws,thedraftPDAtermsandPDA
AuthorizationBylaw.ThepurposeofthelegalreviewwastoadviseCityofNelsonstaffofanyimplicationsof
thebylawsandPDAandtorecommendmeasurestomitigateanylegalrisksthatmaybeassociatedwiththe
futureimplementationofthebylawsandPDAasdrafted.TheSolicitorhasreviewedseveraliterationsofthe
bylawsanddraftPDAAuthorizationBylaw.ThislegalreviewresultedinclarificationofthePDAframework,
administration,andterminologyanddefinitionsreferencedinthePDAtermsandassociatedbylaws.The
SolicitorsrecommendationsalsoinformedtheCitysassessmentofthefinancialimplicationsofthisproject.
ItisimportanttonotethatthedevelopmentlandsareidentifiedwithintheSustainableWaterfrontand
DowntownMasterPlanandtheproposeddevelopmentisentirelyconsistentwiththevisionandpoliciesof
thisPlan.Thepresentzoningofthedevelopmentlandsallowsforamixofresidentialandcommercialunits
includingmultiunitlowtomediumdensityresidentialdevelopment,marina,hotel,restaurant,retail,etc.The
zoningamendmentswouldresultinslightlyincreasedresidentialandcommercialdensity,aswellasanumber
ofnewcommercialusesincludingmarket,pocketneighborhoodresidential,animaldaycare,healthservices,
office,etc.,alongwithapproximately17%ofthelandzonedforparkuse.
TheproposedamendmentswouldnotintroduceanysignificantriskastheCityalreadyenvisionedproviding
servicestotheselandsthroughdevelopment.Theproposedamendmentswouldinsteadallowthelandstobe
developedwithreducedservicingcostsandincreasedefficiencies,andabuiltformthatwouldprovidefor
increaseddensityonthelandswhichisinalignmentwiththeCitysOfficialCommunityPlanwhichcallsfora
mixofsmallerlotsizes,addingmultiunitresidentialdwellingswithintheCitysneighborhoods,anddirecting
higherdensity,mixedusegrowthtotheDowntownandWaterfront.
Inadditiontothelegalreviewanddialoguewithexternalagencies,theCityofNelsonmaintainedahighlevel
ofinterdepartmentalcollaborationbetweenPlanning,PublicWorksandUtilities,NelsonHydro,NelsonFire
andRescueServices,andCorporateAdministration.Staffmetonaregularbasisforinformationsharingand
roundtablediscussionstoensurethattheproposedbylawsareacceptableinconsiderationoffinancial
budgetsandresourcesthatwillberequiredtoimplementthesetermsasdevelopmentproceeds.
Collectively,theseinternalandexternalreviewshaveresultedinaverythoroughriskassessmentandwell
informedstaffrecommendationstoCouncilinsupportoftheproposedbylaws.
SEQUENCINGOFCOMMUNITYAMENITYPROVISIONS
Theamenitiesprovidedthroughthisdevelopmentproposalrepresentsignificantpublicbenefitsasenvisioned
intheSustainableWaterfrontandDowntownMasterPlanincludingtheprotectionofthenaturalenvironment
andsensitiveecosystemsthroughtheremediationplanandSierraSloperetainingwallsystem.ThePDAalso
requirestheprovisionofsignificantregionalandcommunityparklandswithfundsprovidedtotheCityto
undertakeimprovements.ThesededicationssignificantlyexceedthestatutoryrequirementsofSection941of
theLocalGovernmentAct.Theproposedparkandpathwayswouldbeprovidedtothestandardsand
guidelinessetoutinthePDA.Thesequencingfortheprovisionoftheseamenitiesandhowtheywillbe
providedwithinthetwentyyeartermoftheAgreementisidentifiedinthePDA.
WhilethePDAoutlinesthesequencingofamenitiestobeprovidedwithineachphaseofdevelopment,the
provisionofsomeoftheseamenitiesispredicateduponthecompletionofthefulldevelopmentofthelands
withinthetwentyyeartermoftheAgreement.Ifdevelopmentisnotcompletedwithintheterm,theCity
March17,2015
NelsonLandingOVERVIEW
wouldnothavetheauthoritytorequirethecompletionordedicationoftheremainingunfinishedportionof
thepathway.Similarly,ifdevelopmentdidnotproceedbeyondPhase1,theCitywouldnothavetheauthority
torequirededicationoftheRedSandsBeachareawhichiscurrentlyprivatelyownedorrequirethe$70,000
forcommunityparkimprovements.
Recognizingthisimplication,itisnotedthattheSustainableWaterfrontandDowntownMasterPlan
designatestheRedSandsBeachareaasafuturepublicparkandprovidespolicytosecureawaterfront
pathway.AswelltheDevelopmentPermitAreaguidelinesaddresstheprotectionofthenaturalfeaturesin
thelandscape.Additionally,thezoningoftheselandswillremainineffect,andtheCityofNelsonwould
pursuetheprovisionofpublicaccesstotheselands,shouldthisissuearise,asaconditionofsubdivision
approval.
6.
7.
RATIONALEFOR20YEARTERMOFPHASEDDEVELOPMENTAGREEMENT
ThelongtermvisionforthisareaissetoutintheSustainableWaterfrontandDowntownMasterPlan.The
proposedPDAandlanduseregulationswillimplementthebroadvisionoftheMasterPlanandachievesome
ofthekeygoalsthathavebeenidentifiedinthisareaforfuturedevelopment.Thisdevelopmentconcept
encompassesapproximately8.5hectares,andincludesresidentialdevelopmentupto265multiunitmedium
densityresidentialunits,aswellasupto2,500m2ofcommercialusesincludingmarina,hotel,localretail,etc.
TheprojectalsoincludesdedicationofRedSandsBeachtocommunityparkandawaterfrontpathwaysystem
totalingupto17%oftheprojectarea.ServicingofthesiteincludesaSierraWallretainingsystemforthe
waterfrontpathway,sidewalk,publicroadincludingaCPRcrossing,theextensionofwater,sanitarysewer,
stormsewer,streetlightingandhydro.Collectively,theseimprovementsandtheamenitiesdiscussedinthe
previoussectionofthisletterrepresentasignificantinvestmentincommunitydevelopmentandwarrantsthe
proposedtwentyyeartermoftheAgreement.Thelongertermisnecessarygiventhescaleofdevelopment
andthetimeitwilltaketoachievethefullbuildout.
ThesequencingoftheprovisionofamenitiesoverthetermofthePDAwillensuresignificantpublicbenefits
areprovidedconcurrentlywiththebenefittingphasesofdevelopment.ThelengthofthePDAtermand
proposedphasingofamenitiesalsorepresentstheCityofNelsonsconsiderationofacquiringthesepublic
assetsincrementallyandinmanageablesegments,andestablishingserviceareasasneededtofinancethe
operationsandmaintenanceoftheseassets.Withthiscontext,theproposedtermisbasedonareasonable
businesscasebothforthelandownerandtheCity.
BYLAWAMENDMENTS
Otherthanthespecifiedbylawchangesidentifiedbelow,allotherrulescontainedintheCitysbylaws,as
amendedfromtimetotime,willapplytothedevelopmentlands:
OfficialCommunityPlan
increasedcommercialdensityfrom2000m2to2500m2commercial,includingupto500m2office
increasedresidentialdensityfrom200to265residentialunits
SubdivisionandDevelopmentServicingBylaw
reducedmultiusepathwaywidthfrom4.0mto3.5m
reducedurbanlocalroadstandardfroman18mROWtoa12mROWandreducedroadwidthfrom
9mto7mguttertogutter
flexibilitytoreviewthereducedroadallowanceandincreaseupto15m,asrequiredbytheCity,is
builtintothePhasedDevelopmentAgreement
reducedsidewalkwidthfrom1.8mto1.5m
reducedminimumdrivewaywidthfrom4.0mto3.0m
amendedthemultiusepathwaydetailtopermitapermeablesurface
provisionforpublicparkingindesignatedpullouts
March17,2015
NelsonLan
ndingOVERVIEW
pavementsstructuretobe
eprovidedasfo
ollows:
o DesignTrafffic(EASL)2.8xx104
00mm,Base1
100mm,HotM
MixAsphalt75mm
o Subbase30
ntsfortheprovvisionofserviccesforstormdrainage,sanitaarysewerandwater
rightsofwaayrequiremen
forNelsonLLandingforsin
ngleserviceare
easfollows:
o R.O.W.width=twicethed
depthfromsurrfacetothecro
ownofthepip
peora3.0m
erisgreater.Innallcases,thewidthofrightssofwayshallbe
minimumwidth,whicheve
enexcavationw
withsideslopeesinaccordanccewiththe
sufficienttopermitanope
Cregulations,w
withoutimpacctingonorend
dangeringadjaccentstructuress.
WorkSafeBC
Propose
edRoadClassifica
ationandSiteServvicing
OffStrreetParkingandLandscapeBylaw
es(privatehosspital,assistedliving,nursingghomes)parkingratereduceedfrom1stallper
CareService
30m2to0.2
25stallsperdw
wellingunitforr1bedroomu nitsand1.25sstallsperdwelllingunitfor2
bedroomunits.Thereducedrateiscon
nsistentwiththhepreviousbyylawrateandb
basedonresearch
withanticipatedddemandfortthissizeofunit.Similarly,
fromotherareasitismorreinkeepingw
morethan1bed
droomunitsw
willlikelyhavetthedisposableincomefora
individualsthatchoosem
wellandwillrequiretheincre
easedparkingrrate.
vehicleasw
Commercialparkingratettogofrom1sttallper30m2tto1stallper40m2,exceptfo
orTourist
Accommodationwhichm
mustcomplywitththerequirem
mentsoftheO
OffStreetParkingandLandsccape
Bylawrequirements
o
wand
Atfullbuildofcommerciall,thiswouldreesultin63stalllsundertheprroposedbylaw
dertheexistinggbylaw
83stallsund
o
majorityofccatchmentareaiswithin15m
minutewalkinggdistance
o
commercialuseswillbelocalservingrettailforlocalressidentsandho
otelvisitors
Marinaparkingratetogo
ofrom1stallpe
er3boatspacees(26stalls)to
o5stallstotal
March117,2015
NelsonLandingOVERVIEW
covenanttoberegisteredontheMarinatitletolimitpermanentboatmoorageto
residentsoftheeastwaterfrontlocatedwithintheboundariesofElwynStreet,Highway
3andthenaturalboundaryofKootenayLakea15minutecatchmentarea
o
marinadoesnothavelaunchingfacilitiessotrailerstorageormaneuveringisnot
required
o
parkingmainlyforloadingandunloadingonly
flexibilitytoreviewthesereducedparkingrates,asrequiredbytheCity,isbuiltintothePDA
o
ZoningBylaw
increasedresidentialdensityfrom200unitsto265,
ensuredensityisdistributedthroughoutthesitebyallowingnomorethan130unitsinAreaVand
175residentialunitsinAreaW/W1
increasedcommercialdensityfrom2,000m2to2,500m2,including500m2ofOffice,butwithno
individualusearealargerthan465m2grossfloorareaexceptforGarage(parking),Marinaand
TouristAccommodation
TouristAccommodation(hotel)limitedto40units
additionofnewusesAnimalDaycare,HealthServices,ParticipantRecreationServices,Personal
ServiceEstablishment,VeterinaryClinic,Office,Market,Garage(parking),MicroBrewery,andMobile
FoodVendor
creationofanewusePocketNeighborhood,Residentialincorporatingdetachedorduplex
residentialdwellingsnolargerthan150m2gatheredaroundasharedopenspace(areaW1).
Maximumof22units.
increasedlotcoveragefrom45%to55%toaccommodatefluctuationsinthelotareasizeresulting
fromthefinalalignmentofthepathwayandretainingwallstructuresalongthewaterfront
reducedfrontlotlinesetbackfrom4.5mto0.6m
reducedrearlotlinetoallowtheprinciplebuildingandbuildingprojectionstoencroachintotherear
setbackareaupto12%ofthe4.5mrearsetbackareabutinnocaseshallthebuildingorbuilding
projectionbelocatedcloserthan1.0mtothepropertyline
minimumfrontageonstreetisreducedfrom15mto12m
increasedheightsfrom10m16mto11m16m
o
currently,theheightsallowedintheCD58zonesrangefrom10mto16m.TheApplicantis
requestinganincreaseof1mtothebottomendofthisrange,resultinginarangeof11mto
16m.The16mheightswouldoccurinAreaVandsubareaW1thesamegeneralareas
wheretheseheightsarecurrentlyallowed.Themainchangetothecurrentzoningwouldbe
toallow11mheightswithinthenarrow,centralportionofthesite(AreaW).The1mheight
increaseisbeingrequestedtoaccommodateavariedrooflinewhichwilladdarchitectural
interesttofuturedevelopment.
amendtheamenityspaceprovisionfromaperdwellingunitcalculation(20m2perdwellingunit,
approximately5,300m2underexistingzoning)todedicationofcommunityopenspaceincludinga
communitypark(RedSandsBeach),andwaterfrontpathwayandtwoaccesspathwaysconnecting
thepublicroadtothewaterfrontpathway(approximately14,295m2withproposedzoning)
o
proposedcommunitypark
11,390m2
o
proposedpathways
2,905m2
reductioninthenumberofwasteandrecyclingfacilitiesfroman11m2wasteandrecyclingcontainer
foreveryparceltoatotaloffour11m2containerslocatedequitablythroughoutthedevelopmentso
thatresidentstravelamaximumof85mtoaccessafacilityinordertoaccommodatethenarrow,
linearcentralportionofthesite.Aneasementtobeprovidedontitletoensurethatallresidents
haveaccesstothewasteandrecyclingfacilities.
March17,2015
10
NelsonLandingOVERVIEW
8.
OVERVIEWOFPHASEDDEVELOPMENTAGREEMENT
TermofAgreement
10years+another10years(foratotalof20years)if40residentialunitsintotalhavebeenbuiltand
haveobtainedafinalinspectionpermit
CommunityPark(RedSandsBeach)andAmenityFunds
dedicatedtotheCityonorbeforetheissuanceofthefirstbuildingpermitforPhase2
$70,000communityparkimprovementmoneyprovidedtoCityonorbeforetheissuanceofthe
firstbuildingpermitforPhase2
communityparktobemanagedandoperatedbytheCityattheCityscost
TemporaryPathway
concurrentlywiththetransferofthecommunitypark,theCitywillbegrantedaSROWtemporary
blanketforpublicaccessoverallportionsofthedevelopmentlands(otherthanzoningareav)for
whichanapprovedsubdivisionplanordevelopmentpermithasnotbeenissuedtheCitytorelease
thistemporaryblanketonorbeforetheDPisissuedforthatphase
temporaryclosuresorrealignmentsallowedwith30dayswrittennoticefromOwnerforaperiodup
to30daystoenableconstructionandensurepublicsafety
atalltimesthereshallbeaccessfromPhase1totheCrownlands
Ownerwillconstructthetemporarypathway,acceptabletotheCityandincompliancewiththe
ApprovalsinPrinciple
Cityhas$5millioninliabilityfortemporarypathwayforusebypublic
Ownerhas$5millionliabilityforalldevelopmentlandsoutsideofthetemporarypathway
ForeshorePathway(waterfront/permanent)
5mrightofway/3.5mwalkwayofpermeablematerials
dedicatedasaconditionofsubdivisionofthephasebeingdevelopedandbeforeoccupancy
theApplicantwillrepairandmaintainthatportionofthepathforaperiodofoneyearfromthedate
ofcompletionofconstruction
tobemanagedandoperatedbytheCityattheCityscost
Accesspathway
twopublicaccesspathwaysfromthepublicroadtotheForeshorePathwaytobeprovidedby
developer4mrightofway/3.5mpathwidth
pathwaytoaccommodatepedestrian,bicycleandcitymaintenancevehicles
dedicatedasaconditionofsubdivisionofthephasebeingdevelopedandbeforeoccupancy
tobemanagedandoperatedbytheCityattheCityscost
DedicationofParkland
includesRedSandsBeacharea(approx.1hectare),ForeshorePathway(5mROW)andtwopublic
accesspathways(4mROW)
PublicAccesstoLake
Ownerwillhavesatisfiedthepublicinterestofcitizenstoenjoypublicaccesstotheshoreof
KootenayLakeviadedicationofthecommunitypark,theForeshorePathwayandthetwoSROW
(permanent)accesspathwaysfromthepublicroadtotheForeshorePathway
PublicDock
priortouseoroccupancy,theOwnerwillgranttotheCityastatutoryrightofwayforpublicaccessto
thepublicdock
theSROWforpublicaccesstothemarinawillbelimitedfromdawntoduskandwillbesubjectto
reasonablesecuritylimitationsandprivacysafeguards
PublicArtContribution
$625/unitforthefirst40unitsforatotalof$25,000,priortoissuanceofthebuildingpermit
AffordableHousingContribution
$250/unitpriortoissuanceofthebuildingpermit
PublicRoad/Utilities
12mroadallowance/7mroadwidthguttertogutter
designatedpulloutsforparkingspacedthroughoutdevelopmentforatotalof25publicparking
spaces
March17,2015
11
NelsonLandingOVERVIEW
potentialtoincreasetheroadallowancefrom12mto15mifallotheroptionsforensuringresident
safetyhavebeenexhaustedlackofpublicparkingisnotsufficientreasontoincreaseroad
Ownershallremediate,constructandmaintainthepublicroadandallservicesandutilitiesin
accordancewiththeSubdivisionandDevelopmentServicingBylaworAmendmentBylawas
applicableatitsowncostandallrequirementsthattheCityandtheApprovingOfficerlawfully
require
roaddedicationatthetimeofsubdivision
CPRCrossing
Ownertodesignandconstructatitscostanewroad/railwaycrossingat7thStreetandconnectionto
SproatDrive
completionoffinaldesignandconstructiondrawingpriortofinalsubdivisionapprovalofPhase1
constructiontobecompletedonorbeforefinalinspectionortheuseoroccupancyofthe71st
residentialunit
LiftPump
OwnerwillretainaqualifiedcivilengineertoensureliftpumpcapacityintheCityssanitarylift
station(westendofJohnsWalk)
studytobeprovidedonorbeforetheCityissuesthefirstbuildingpermitinPhase2
ownerwillcompletepumpupgradeatitscostinaccordancewiththetimingrecommendationsset
outintheengineeringstudy
Lighting
willcomplywithallregulationstoreduceexteriorambientlighting
OffStreetParkingRates
parkingrequirementsforCareServices,MarinaandCommercialwillbereviewed,asandwhen
neededbytheCity,withthepotentialtoincreasebyupto50%
9. PublicInput
TherehasbeensignificantpublicandstakeholderinterestintheNelsonLandingzoningamendment.Atotalof
fouropenhouseshavebeenundertakenbytheapplicant.TwoopenhouseswereheldonMarch11,2014and
March17,2014priortotheapprovaloftheDevelopmentVariancePermitforPhase1.ARegularmeetingof
CouncilwasheldonMarch19,2014,andalllandownerswithin60mofthesubjectlandswerenotifiedtendaysin
advanceoftheCouncilmeeting.
TwoadditionalopenhouseswereheldonSeptember3and17,2014toprovidepublicopportunitytocommenton
theproposedredesignationoftheentiresite.Keyconcernsfromthepublicincluded:
increasedtrafficonadjacentstreets
reducedroadwidths
lossofviewsforadjacentproperties
higherdensity
futureaccessforpedestrians
pedestriansafetyonSproatDrive
drivewaysbackingontoSproatDrive
lackofpublicparking
constructiontraffic
Alloftheopenhouseswerewellattendedbythecommunity.Informationwasprovidedanddisplayedforpublic
viewinganddialogueabouttheproposeddevelopment,theapprovalsprocessandtimeline,proposedservicing
standards,increasedresidentialandcommercialdensity,developmentphasingandprovisionofcommunity
amenities.Asaresult,thepublicwaswellinformedoftheproposeddevelopmentandprovidedwithsignificant
opportunityforinputtoCitystaff.
March17,2015
12
NelsonLandingOVERVIEW
10. Referrals
CitystaffinNelsonHydro,PublicWorks&UtilitiesandFireallconcernshavebeenresolved
AdvisoryPlanningCommission(whendidthisgo?)recommendedapproval
FortisBCnocomment
BCTransitnoobjections
MinistryofTransportationandInfrastructureMOTIrequestedtheApplicantupdatethePMpeakhour
tripsbasedon265residentialunitsfrom200units,andupdate/reviserecommendationsifrequired.The
ApplicantsTrafficEngineerreviewedtheincreaseddensityandfoundnegligibleimpactsanddeemedthe
originalfindingsofthestudystillvalid.
March17,2015
13
March 9, 2015
PGL File: 3248-01.05
Via Email:
pmierau@nelson.ca
City of Nelson
Suite 101, 310 Ward Street
Nelson, BC
V1L 5S4
Attention:
RE:
In the case of Nelson Landing, the conditions include that the ground surface be covered by
either buildings, pavement or concrete, and that any areas that are not covered (i.e., landscaping)
have at least 1m of topsoil covering up the old ground surface. These measures act as a physical
Page 1
Date:
Our File No:
7 January 2011
3840-01
BY COURIER
Creative Transportation Solutions Ltd. (CTS) is pleased to submit this DRAFT report
summarizing our work on the above study. CTS was retained by the Nelson Landing
Development Corp. on 20 August 2010 to undertake a traffic impact assessment of the
proposed development in Nelson, B.C known as Nelson Landing. This letter report documents
the analysis and findings of the study.
1.0
BACKGROUND
1.1
The Site
The proposed development by Nelson Landing Development Corporation is located in
the northeast corner of Nelson and is bounded by the West Arm of Kootenay Lake to the
west and north, Red Sands Beach to the north, the Canadian Pacific Railway to the east
and 7th Avenue / Sproat Drive to the south.
The construction of the proposed development is anticipated to commence in 2011 and
be fully built-out by the year 2020. The proposed development consists of the following
components:
48 mixed use residential units
154 multi-family residential units
31,700 ft2 of commercial space including a 25 room hotel, a caf and other uses.
A copy of the site plan is included in APPENDIX A.
Nelson Landing PropertyDevelopment Traffic Impact Study Draft Report (7 January 2011)
Page 2
The applicant proposes to construct the extension of 7th Street over the railway line to
link with Sproat Drive adjacent to the site so that the primary access can be constructed
at this location and function as one of the new intersection approaches at this location.
A secondary access is also proposed via Bealby Road in the vicinity of Short Street but
this would be gated near the proposed development and used only for emergency
purposes.
1.2
2.0
EXISTING CONDITIONS
2.1
Study Area
A Scope Development Meeting with City of Nelson and Ministry of Transportation &
Infrastructure staff was held on 10 September 2010 to confirm the study parameters for
this project. The minutes of the meeting have been included in APPENDIX B.
The study area is bounded by Anderson Street to the south, Second Street to the west
the West Arm of Kootenay Lake to the north and Bealby Point Road to the east.
FIGURE 1 illustrates the study area for the project. The following intersections were
included in the traffic impact assessment:
1)
2)
3)
4)
5)
6)
7)
8)
9)
Nelson Landing PropertyDevelopment Traffic Impact Study Draft Report (7January 2011)
Page 3
FIGURE 1
STUDY AREA
Nelson Landing PropertyDevelopment Traffic Impact Study Draft Report (7January 2011)
Page 4
The weekday afternoon peak hour was selected as the design hour for the traffic impact
assessment.
The existing vehicle access to the site is via Fourth Street over an at-grade railway
crossing which currently carries 2 trains a day and then onto to Sproat Drive. The
Seventh Street railway crossing is planned for but has not yet been constructed.
2.2
Traffic Volumes
CTS conducted intersection traffic movement counts from 14:30 to 17:30 in the study
area from Wednesday, 25 August 2010 to Friday, 27 August 2010. The weather
conditions were ideal to represent peak summer conditions and no incidents were
observed (e.g. motor vehicle accident, schools closed, etc.) that could have skewed the
data. The traffic count data was tabulated and reviewed to ensure data integrity and
validity. The tabulated traffic movement count data sheets are in APPENDIX C. From
the collected data, the afternoon peak hour was determined. The base volumes for the
2010 weekday afternoon peak hour are illustrated in FIGURE 2. In order conduct a more
conservative traffic impact assessment, the individual peak hour volumes of each
intersection were used instead of the more commonly used network peak hour.
During the duration of the survey, the following observations were made:
3.0
Kokanee Avenue and not Davies Street is used as a primary access point to
northeast Nelson from the Provincial Highway network and has a wide cross
section for a two lane roadway; and
Although Fifth Street is on the major road network and provides a direct link to
downtown Nelson, the number of stop signs on this road between Behnsen
Street and Gordon Avenue severely reduce the effective capacity of this key link.
From a traffic control point of view, it functions more like a local road than a
collector road as shown in the Official Community Plan.
Nelson Landing PropertyDevelopment Traffic Impact Study Draft Report (7January 2011)
Page 5
FIGURE 2
2010 WEEKDAY AFTERNOON PEAK HOUR
BASE TRAFFIC VOLUMES
5
50
7
34
SITE
t Dr
Sproa
Radio Ave
Fell St
Elwyn St
Cottonwood St
Third St
(Hwy 3A)
Sixth St
6
1
6
(Hwy 3A)
545
- Overhead
Flashing Beacon
65 9
- Proposed Roads
- Canadian
Pacific Railway
NOT TO SCALE
To Downtown
Nelson
To Downtown
Nelson
To Downtown
Nelson
Nelson Landing PropertyDevelopment Traffic Impact Study Draft Report (7January 2011)
Page 6
FIGURE 3
2020 WEEKDAY AFTERNOON PEAK HOUR
BASE TRAFFIC VOLUMES
6
60
6
41
SITE
t Dr
Sproa
Radio Ave
Fell St
Elwyn St
Cottonwood St
Third St
(Hwy 3A)
Sixth St
7
1
7
(Hwy 3A)
655
- Overhead
Flashing Beacon
79 1
- Proposed Roads
- Canadian
Pacific Railway
NOT TO SCALE
To Downtown
Nelson
To Downtown
Nelson
To Downtown
Nelson
Note: 2020 Base Traffic = 2010 Base x 1.20 (2.0% annual growth rate)
Nelson Landing PropertyDevelopment Traffic Impact Study Draft Report (7January 2011)
Page 7
FIGURE 4
2030 WEEKDAY AFTERNOON PEAK HOUR
BASE TRAFFIC VOLUMES
7
70
6
48
SITE
t Dr
Sproa
Radio Ave
Fell St
Elwyn St
Cottonwood St
Third St
(Hwy 3A)
Sixth St
8
1
8
(Hwy 3A)
763
- Overhead
Flashing Beacon
922
- Proposed Roads
- Canadian
Pacific Railway
NOT TO SCALE
To Downtown
Nelson
To Downtown
Nelson
To Downtown
Nelson
Note: 2030 Base Traffic = 2010 Base x 1.40 (2.0% annual growth rate)
Nelson Landing PropertyDevelopment Traffic Impact Study Draft Report (7January 2011)
Page 8
4.0
4.1
Traffic Generation
Weekday Afternoon Peak Hour
TABLE 1 summarizes the forecast generated traffic for the proposed Nelson Landing
Property Development using the Institute of Transportation Engineers (ITE) Trip
Generation Informational Report (8th edition). Of note, internal trip making credits and
pass-by traffic were all assumed to be zero so that the projected volumes would
represent the worst case scenario in that all the traffic would be new traffic to the
adjacent road network.
TABLE 1
SITE GENERATED TRAFFIC FOR THE WEEKDAY AFTERNOON PEAK HOUR
Scenario
Land Use
Residential
Trip Generation
Variable
Scope of
Development
Number of Dwelling
Units
Hotel
Number of Rooms
Restaurant
1000 ft
Gross Floor Area
Caf
1000 ft
Gross Floor Area
Daycare
1000 ft
Gross Floor Area
Retail
1000 ft
Gross Floor Area
Grocer
1000 ft
Gross Floor Area
Office
Misc. Commercial /
Community Space
1000 ft
Gross Floor Area
2
1000 ft
Gross Floor Area
202
25
Vehicle Trip
Generation
Rate
1.10
% out
in
out
total
0.54
67%
33%
74
36
110
0.59
ITE(8th Ed.),
Code 310
53%
47%
15
7.49
67%
33%
28
14
41
40.75
50%
50%
22
22
45
12.46
47%
53%
12
13
25
2.71
44%
56%
10
2.71
44%
56%
17%
83%
37%
63%
156
113
269
2.00
3.60
3.00
% in
Weekday
Afternoon
Directional Split
ITE(8th Ed.),
Code 230
5.50
Trip Rate
Source
4.20
1.49
6.20
1.45
The site is forecasted to generate a total of 269 vehicle trips during the weekday
afternoon peak hour (156 inbound, 133 outbound) which is equivalent to an average of
4.5 vehicle movements every minute. Of note, the Provincial warrant for triggering a
traffic impact assessment is 100 or more new vehicle trips during the design hour.
Therefore, the proposed site meets this warrant during the weekday afternoon peak hour
thereby confirming the requirement for the traffic study.
Nelson Landing PropertyDevelopment Traffic Impact Study Draft Report (7January 2011)
Page 9
rates used assume that the majority of caf patrons will drive to the site instead of
walking.
TABLE 2
SITE GENERATED TRAFFIC FOR THE WEEKDAY MORNING PEAK HOUR
Scenario
Land Use
Residential
Trip Generation
Variable
Number of Dwelling
Units
Hotel
Number of Rooms
Restaurant
1000 ft
Gross Floor Area
Caf
1000 ft
Gross Floor Area
Daycare
1000 ft
Gross Floor Area
Retail
1000 ft
Gross Floor Area
Grocer
1000 ft
Gross Floor Area
Office
Misc. Commercial /
Community Space
1000 ft
Gross Floor Area
2
1000 ft
Gross Floor Area
1.10
% out
in
out
total
0.44
17%
83%
16
74
90
0.56
ITE(8th Ed.),
Code 310
61%
39%
14
n/a
0%
0%
117.23
51%
49%
66
63
129
12.26
53%
47%
13
12
25
1.00
61%
39%
1.00
61%
39%
88%
12%
61%
39%
10
119
161
281
2.00
3.60
3.00
% in
Weekday
Morning
Directional Split
ITE(8th Ed.),
Code 230
5.50
Trip Rate
Source
4.20
1.55
6.20
1.62
TABLE 3
SITE GENERATED TRAFFIC FOR THE SATURDAY PEAK HOUR
Residential
Number of Dwelling
Units
Hotel
Number of Rooms
Restaurant
1000 ft
Gross Floor Area
Caf
1000 ft
Gross Floor Area
Daycare
1000 ft
Gross Floor Area
Retail
1000 ft
Gross Floor Area
Grocer
1000 ft
Gross Floor Area
Office
Misc. Commercial /
Community Space
1000 ft
Gross Floor Area
2
1000 ft
Gross Floor Area
202
25
0.47
ITE(8th Ed.),
Code 230
54%
46%
52
44
96
0.72
ITE(8th Ed.),
Code 310
56%
44%
10
18
10.82
59%
41%
35
24
60
65.96
48%
52%
35
38
73
1.70
63%
37%
4.89
52%
48%
18
4.89
52%
48%
15
54%
46%
54%
46%
155
135
290
5.50
1.10
SATURDAY
2.00
3.60
3.00
4.20
0.41
6.20
1.07
TOTAL SATURDAY
Nelson Landing PropertyDevelopment Traffic Impact Study Draft Report (7January 2011)
Page 10
4.2
Trip Distribution
Trip distribution parameters to distribute the site generated vehicle trips to/from the site
were developed from existing traffic patterns entering and exiting the study area for the
afternoon peak hour. The trip distribution parameters used in this study are summarized
in TABLE 4 and TABLE 5.
TABLE 4
TRIP DISTRIBUTION PERCENTAGES
FROM/TO
OUT
28%
40%
North
East
via Gordon St
0%
0%
via Douglas Rd
14%
14%
South
West
6%
3%
via Anderson St
53%
43%
TABLE 5
TRIP DISTRIBUTION OF SITE GENERATED TRAFFIC
OUT
113
North
43
45
East
via Gordon St
via Douglas Rd
22
16
South
West
via Anderson St
82
49
TOTAL
4.3
IN
156
269
Traffic Assignment
The additional vehicle trips generated from the proposed development were
subsequently assigned to the road network using the trip distribution parameters in
TABLE 5. Although a gate is proposed to keep the secondary access open to only
emergency vehicles, CTS assigned 10% of the site traffic to use the secondary access in
order to assess the potential impacts on both Bealby Point Road and Gordon Street east
of Seventh Street. FIGURE 5 illustrates the site generated traffic volumes on the road
network for the weekday afternoon peak hour.
Nelson Landing PropertyDevelopment Traffic Impact Study Draft Report (7January 2011)
Page 21
8.0
8.1
Conclusions
1. Nelson Landing Property Development is proposing to develop a mixed use
development along the south shore of the West Arm of Kootenay Lake just east
of the Highway 3A bridge north of downtown Nelson. A total of 202 residential
units are proposed, along with 31,700 ft2 of commercial retail space that would
include among other things, a 25 room hotel, a caf and office space.
Transportation improvements proposed to support the development include
extending Seventh Street across the Canadian Pacific Railway line via a new atgrade crossing and connecting to Sproat Drive, as well as constructing an
emergency access via Bealby Point Road. For the purposes of this study, it was
assumed that the development would be completed by the year 2020.
2. Intersection counts were conducted the intersections in the study area on
Wednesday, 25 August 2010, Thursday, 26 August 2010 and Friday, 27 August
2010 from 14:30 to 17:30 in order to document existing peak summer traffic
volumes in Nelson. A review of available historical traffic volumes determined
that the weekday afternoon peak hour is the critical design hour for the study
area.
3. The proposed development is estimated to generate up to 269 new vehicle trips
during the critical weekday afternoon peak hour (156 inbound, 133 outbound).
This represents on average 4.5 vehicle movements per minute. This volume
projection is considered to represent the worst case scenario as it assumes that
the majority of residents and visitors will drive, it assumes no credit for any
internal trip making, and it assume 0% for pass-by traffic which means that 100%
of the site traffic is new traffic to the adjacent road network.
4. The Provincial warrant for triggering a traffic impact assessment is 100 or more
new vehicle trips during the design hour. Therefore, the proposed site meets this
warrant during the weekday afternoon peak hour thereby confirming the
requirement for the traffic study.
5. During the weekday morning peak hour, the site is projected to generate 281
veh/hr, which is 4.4% higher than the weekday afternoon peak hour. For the
Saturday peak hour, the site is projected to generate 290 veh/hr, which is 7.8%
higher than the weekday afternoon peak hour. For both of these peak hours, the
primary reason for the higher volumes is the proposed caf as the trip rates used
assume that the majority of patrons to the caf would drive which for this site, is
considered somewhat unrealistic.
6. A review of the projected peak driveway volumes for the site determined that the
peak directional volume forecast under the full development scenario was 156
veh/hr inbound (combined for both accesses), which represents only 43% of the
theoretical capacity of 1 access. Therefore, the projected site traffic volumes
only warrant the provision of a single vehicle access point for the development
and that the proposed secondary (and gated) access to the north is not needed
to address any traffic engineering or capacity deficiencies.
Nelson Landing PropertyDevelopment Traffic Impact Study Draft Report (7January 2011)
Page 22
For the above 4 locations, none of them warrant any improvements to at least the
year 2020 with the addition of the site traffic volumes. For the year 2030 with
both background and site traffic volumes, the intersection of Kokanee Avenue &
Nelson Avenue (Hwy 3A), the intersection is projected to be operating at Level of
Service F (failing), predominantly due to the vehicle delays to the side street.
9. Regarding the year 2030 capacity results of the intersection of Kokanee Avenue
& Nelson Avenue, it should be noted that this finding is:
Nelson Landing PropertyDevelopment Traffic Impact Study Draft Report (7January 2011)
Page 23
8.2
Recommendations
Based on the findings of this study, it is recommended:
1)
2)
That the City of Nelson review their stop sign policy for Fifth Street between
Gordon Street and Behnsen Street as the existing traffic control does not support
the designation of Fifth Street as a collector street with a higher priority in the
Official Community Plan.
3)
That in order to accommodate the forecast site generated traffic volumes from
the proposed Nelson Landing Property development, that the following
transportation improvements be in place upon opening day:
i)
Extending Seventh Street across the Canadian Pacific Railway right-ofway via an at-grade crossing to connect to Sproat Drive; and
ii)
We would like to take this opportunity to thank you for this unique project and we look forward to
working with you again in the future. Please call the undersigned should you have any
questions or comments.
Yours truly,
CREATIVE TRANSPORTATION SOLUTIONS LTD.
Nelson Landing PropertyDevelopment Traffic Impact Study Draft Report (7January 2011)
From:
To:
Subject:
Date:
Dear Megan,
Further to our discussion at the Nelson Landing Open House on Wednesday
September 3rd, I am emailing you at your request regarding the 7th street access
road and traffic control along Sproat Drive.
As a resident along Sproat Drive, which is currently the only access to the Nelson
Landing site, I am very concerned regarding the amount of traffic from both
construction vehicles and residents as the proposed development is built and units
are occupied.
In respect to the 7th street crossing, I understand that a traffic study was completed
which recommended that the crossing is necessary with the construction of 70
Nelson Landing units. This traffic study likely reflects the absolute maximum
capacity of Sproat Drive to carry normal daily traffic. However, does it include the
increased construction traffic in the building of the site, which will continue for years
not just months? It was apparent in talking with Nelson Landing representatives at
the Open House that this development is a multi year project that could span 10+
years. Are the residents of Sproat Drive to solely incur this construction traffic for
the next 10+ years? With many children routinely playing along our road, this is
certainly a key concern of our neighbors and ours. Additionally, with the CPR trains
passing through twice a day it affects both access to and exit from Sproat Drive and
Nelson Landing. Was this considered in the traffic study?
Our Sproat Drive subdivision still has a number of vacant lots that remain to be built
upon and thus has not fully shown the impact of its own traffic and street parking.
With 42 lots on Sproat Drive plus 70 units from the proposed Nelson Landing, the
current plan calls for up to 112 residences to utilize Sproat Drive exclusively before
the 7th Street access is developed. In my opinion this not only creates a traffic
control hazard but also significant safety concerns for the residents with only one
access in the case of an emergency. I believe the City of Nelson has due diligence
to ensure the safety of their residents. The development of this 7th Street crossing
is a cost that the developer will have to bear regardless of timing considering the
scale of the project. Therefore, I ask why not have them bear this cost at a sooner
point in time to ensure these concerns are addressed? What if this development
never even completes 70 units? What if construction stops after 24,48, 60 or 65
units, will the 7th Street access never come to be?
My second key concern is the current speed of traffic along our road. Although
there is signage for 40km/hr, we observe vehicles travelling at speeds that are too
fast for a residential street with children often playing in their front yards and riding
bikes along the roadway. It has been our experience living along the John Walk
waterfront easement, that current signage regarding respecting private property on
both sides of the easement is not observed by people. Therefore, I do not believe
that additional signage will resolve this speed issue. As per my discussion with
yourself, I am very interested in exploring all other options to control traffic speeds
such as speed bumps.