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Application No: 1403003

THE CORPORATION OF THE CITY OF NELSON


MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:

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

Sproule + Associates Corp.

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.

Amendments Official Community Plan Bylaw 3247, 2013


Requested
To amend the text of Official Community Plan Bylaw 3247, 2013 to allow an increase in the amount of local

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.

Subdivision and Development Servicing Bylaw 3170, 2011


To amend the provisions of the Subdivision and Development Servicing Bylaw 3170, 2011 as follows:
reduced multi-use pathway width from 4.0 m to 3.5 m, reduced urban local road standard from 18 m right-ofway to 12 m right-of-way, reduced road width from 9.0 m to 7.0 m gutter to gutter, reduced sidewalk width
from 1.8 m to 1.5 m, reduced minimum driveway width from 4.0 m to 3.0 m, reduced minimum right-of-way
width for a single storm service, sanitary sewer service and water service from 4.5 m to 3.0 m, and amended
multi-use pathway detail to permit a permeable surface.
Off-Street Parking and Landscape Bylaw 3274, 2013
To amend the provisions of the Off-Street Parking and Landscape Bylaw 3274, 2013 as follows: to reduce the
Care Services parking requirement from 1 space per 30 square metres gross floor area to 0.25 spaces per
dwelling unit for 1 bedroom units (pre 2013 parking ratio), and 1.25 spaces per dwelling unit for 2+ bedroom
units, to reduce the Marina parking requirement from 1 space per 3 boat spaces to five spaces total, and to
reduce the Commercial parking requirement from 1 space per 30 square metres of gross floor area to 1
space per 40 square metres of gross floor area.
Purpose

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.

PHASED DEVELOPMENT AGREEMENT


The Applicant is requesting that the above-noted variances approved for Phase 1 be extended to the remainder of the
property and be ensconced in a Phased Development Agreement (PDA) for a period of 10 years, plus an additional ten
years if 40 residential units have been built. The Applicant has identified that there is significant investment required to
remediate the contaminated lands as well as build the waterfront retaining wall, and believes that a 20 year period
where the development standards are reasonably fixed is essential in order to provide the necessary level of security
required for this investment.The long term vision for this area is set out in the Sustainable Waterfront and Downtown
Master Plan. The proposed PDA and land use regulations will implement the broad vision of the Master Plan and
achieve some of the key goals that have been identified in this area for future development. This development
concept encompasses approximately 8.5 hectares, and includes residential development up to 265 multi-unit medium
density residential units, as well as up to 2,500 m2 of commercial uses including marina, hotel, local retail, etc. The
project also includes dedication of Red Sands Beach to community park and a waterfront pathway system totaling up
to 17% of the project area. Servicing of the site includes a Sierra Wall retaining system for the waterfront pathway,
sidewalk, public road including a CPR crossing, the extension of water, sanitary sewer, storm sewer, street lighting and
hydro. Collectively, these improvements and amenities represent a significant investment in community development
and warrants the proposed twenty-year term of the Agreement. The longer term is necessary given the scale of
development and the time it will take to achieve the full build-out.

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.

FRONT LOT LINE:


A reduction in the setback from the front lot line from 4.5 m to 0.6 m is requested to facilitate enclosed garages. If this
request is not granted, the application could be revised to provide open parking in place of the covered garage. The
applicant feels that it is beneficial from an architectural/aesthetic perspective to have the vehicles within enclosed
garages. Enclosed garages also provide space for bicycle storage and garbage and recycling storage. The garages
will provide a less cluttered appearance. Staff have no concerns with this request.

10.

REAR LOT LINE:


A reduction in the setback from the rear property line is being requested including up to a 12% encroachment into the
4.5 m rear setback of the principle building and building projections , but no portion of the prinicple building or building
projection can be sited closer than 1.0 metre to the Foreshore Path. Given the minimal intrustion into the rear setback
and the 5 m dedication to the City of the Foreshore Pathway right of way, staff have no concerns with this request.

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.

STORM, SANITARY SEWER AND WATER RIGHT OF WAY:


A reduction in the minimum width from 4.5 m to 3.0 m for a single storm, sanitary sewer and water service is
requested. Staff in Public Works have worked with the applicant to ensure the design is appropriate for a reduced right
of way width. The final utilities design will be approved as part of the Subdivision and Development Permit.

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,

Pamela Mierau, MEDes, BA


Manager Development Services
City of Nelson

THE CORPORATION OF THE CITY OF NELSON


BYLAW NO. 3311
A BYLAW TO AMEND "THE CITY OF NELSON
OFFICIAL COMMUNITY PLAN BYLAW NO. 3247, 2013"
______________________________________________________________________
WHEREAS the Council of the Corporation of the City of Nelson considers it desirable
and expedient to amend The City of Nelson Official Community Plan No. 3247, 2013
(hereinafter called the said bylaw);
NOW THEREFORE the Council of the Corporation of the City of Nelson, in open meeting
assembled enacts as follows:
1. That Section 4.2 Land Use & Neighbourhoods, Land Use, subsection
Commercial Development of the said Bylaw be deleted entirety and replaced
with the following:
The Sustainable Waterfront and Downtown Master Plan anticipates that there
will be additional commercial demand within the Waterfronts West, Central and
East areas for approximately 1,000 - 2,500 sq. m. This commercial space is
expected to be in the form of local serving retail targeted to the needs of nearby
residents. The Commercial space should be distributed so that each of the
districts is served by at least one establishment. As there is no projected
demand for office space, limited land should be allocated within the waterfront
for office use.
In addition to the local serving retail, in the Waterfront East area (in the vicinity
of the Peco Decks) there is potential for tourist serving commercial uses
targeting the needs of tourist and residents alike, as well as a limited amount of
office space up to a maximum of 500 m2.
2. That Section 4.2 Land Use & Neighbourhoods, Land Use, subsection
Waterfront East of the said Bylaw be deleted entirely and replaced with the
following:
The lands designated as Mixed-use Residential in the Waterfront East district
are proposed to have approximately 265 multi-unit residential homes generally
at lower densities and heights than Waterfront Central, a possible tourist
accommodation use and a modest component of neighbourhood-serving retail,
all served by additional publicly accessible waterfront trail access and the
development of a public park on the currently privately owned lands referred to
as Red Sands Beach.
3.

This Bylaw may be cited as "Official Community Plan Amendment (Nelson


Landing) Bylaw No. 3311, 2015"
READ A FIRST TIME the
READ A SECOND TIME the

day of
day of

, 2015
, 2015

PUBLIC HEARING held the

day of

, 2015

READ A THIRD TIME the


FINALLY PASSED AND ADOPTED the

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

THE CORPORATION OF THE CITY OF NELSON


BYLAW NO. 3313
A BYLAW TO AMEND "THE CITY OF NELSON
SUBDIVISION AND DEVELOPMENT SERVICING BYLAW NO. 3170, 2011"
______________________________________________________________________
WHEREAS the Council of the Corporation of the City of Nelson considers it desirable
and expedient to amend The City of Nelson Subdivision and Development Servicing
Bylaw 3170, 2011 (hereinafter called the said bylaw);
NOW THEREFORE the Council of the Corporation of the City of Nelson, in open meeting
assembled enacts as follows:
1. That the definition of Zoning Bylaw in the said Bylaw shall be deleted entirely and
replaced with the following:
Zoning Bylaw means the City of Nelson Zoning Bylaw 3199, 2013 as amended.
2. That the definition for Nelson Landing be added to the said bylaw between the
definitions for Medical Health Officer and OCP. The definition will read as
follows:
Nelson Landing means the lands as defined in Schedule B that are located in the
City of Nelson in the east waterfront area, on the banks of the West Arm of Kootenay
Lake. These lands were historically used for industrial purposes, and are currently
zoned for a mix of commercial and residential development.
3. That a new section 5.9 be included as follows:
5.9 Despite Schedule A to the said bylaw, alternate servicing standards apply to
Nelson as approved in the Zoning Bylaw. For clarity, all subdivision and
development servicing standards for Nelson Landing remain consistent to the
said bylaw, except as expressly identified in the Zoning Bylaw.
4. That a new Schedule B of the Subdivision and Development Servicing Bylaw No
3170, 2011 be added as shown on attached Schedule A.
5. This Bylaw may be cited as "Subdivision and Development Servicing
Amendment (Nelson Landing) Bylaw No. 3313, 2015"
READ A FIRST TIME the
READ A SECOND TIME the

day of
day of

, 2015
, 2015

READ A THIRD TIME the


FINALLY PASSED AND ADOPTED the

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

Schedule A to Subdivision and Development Servicing Bylaw Amendment (Nelson


Landing ) Bylaw 3313, 2015

Schedule B City of Nelson Subdivision and Development Servicing


Bylaw No. 3170, 2011

THE CORPORATION OF THE CITY OF NELSON


BYLAW NO. 3314
A BYLAW TO AMEND "THE CITY OF NELSON
OFF-STREET PARKING AND LANDSCAPE BYLAW NO. 3274, 2013"
______________________________________________________________________
WHEREAS the Council of the Corporation of the City of Nelson considers it desirable
and expedient to amend The City of Nelson Off-Street Parking and Landscape Bylaw
No. 3274, 2013 (hereinafter called the said bylaw);
NOW THEREFORE the Council of the Corporation of the City of Nelson, in open meeting
assembled enacts as follows:
1.

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.

Despite the parking rates prescribed in 7.3.(1), alternate parking


rates apply to Nelson Landing lands as approved in Zoning Bylaw
3199 and identified in Schedule B City of Nelson Subdivision
and Development Servicing Bylaw No. 3170, 2011. For clarity, all
parking rates for Nelson Landing remain consistent with the said
bylaw, except for expressly identified in the Zoning Bylaw.

This Bylaw may be cited as "Off-Street Parking and Landscape Bylaw


Amendment (Nelson Landing) Bylaw No. 3314, 2015"
READ A FIRST TIME the
READ A SECOND TIME the

day of March, 2015


day of March, 2015

PUBLIC HEARING held the

day of March, 2015

READ A THIRD TIME the


FINALLY PASSED AND ADOPTED the

day of April, 2015


day of April, 2015

_____________
Mayor
CERTIFIED A TRUE AND CORRECT COPY OF THE
Off-Street Parking and Landscape Bylaw 3314, 2015

Director of Corporate Services

_____
________
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:

Pamela Mierau, MEDes, BA


Manager of Development Services

NELSON LANDING DEVELOPMENT, NELSON, BC

Nelson Landing Development Corp. (NLDC) retained Pottinger Gaherty Environmental


Consultants Ltd. (PGL) to obtain Ministry of Environment (MOE) Approvals in Principle (AIPs) for
Lot A District Lots 58A, 97, 4280 and 16272 Kootenay District Plan NEP70102 Except Plan
NEP74998, Nelson, BC (the Site). The Site is on the eastern shore of the West Arm of Kootenay
Lake in Nelson, and is undergoing redevelopment.
The Site is the Nelson Landing project area, and was the lower portion of the former Kootenay
Forest Products (KFP) Sawmill. The KFP sawmill had a 50-year history in the forestry industry
from 1930 until the mill shut down in 1984.
The former KFP sawmill has been the subject of various environmental investigation, clean-up,
and redevelopment projects since the mill closed. The Nelson Landing Development will result in
successful remediation and redevelopment of this large Brownfield Site. PGLs recent work on the
Site has resulted in AIPs being awarded for parts of the Site that were found to have
contamination. An AIP is a regulatory approval that the Site has been adequately investigated
and that a prescribed remediation plan will remediate the Site to MOE-approved standards. Once
the conditions of the AIP are met and conditions are confirmed to meet remedial standards, the
proponent will submit for a Certificate of Compliance and the Site will be considered remediated
and ready for its intended use.
In the case of Nelson Landing, the identified contamination is in soil and groundwater; however,
the way it is distributed does not make it technically or economically sensible to physically remove
the contaminated soil and groundwater from the Site and replace it with clean material. This is
common to most large Brownfield sites. In this case, the contamination has been risk assessed
for the specific risks to specific receptors, such as aquatic life, animals, plants, and humans.
Through this process, it has been determined that contamination that exists on the Site is:

Not moving anywhere; and


Not going to harm any plants, animals, aquatic life, or humans, provided that certain
conditions are met.

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

Mr. Rick Whitfield


Nelson Landing Development Corp.
1750 Frances Walk
Bowen Island, BC
V0N 1G0
Dear Mr. Whitfield:
Re:

Nelson Landing Property Development Traffic Impact Study Update


Nelson, BC

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

The Road Network


Nelson Avenue (Highway 3A) is a three lane arterial roadway with the centre lane for left
turn bays linking Downtown Nelson and Castlegar to the south with the north shore, the
Balfour Ferry and Kaslo to the north. The adjacent developments on Nelson Avenue are
predominantly residential housing with several gas stations, some commercial retail and
an elementary school along the road side. The posted speed limit is 50 km/h and
curbside parking is permitted on a number of block faces between Anderson Street and
Kokanee Avenue.
The municipal road network in the study area consists of 2 lane roadways with urban
cross sections and on-street parking permitted on many block faces. The posted speed
limit for all municipal roads not in a school or playground zone is 40 km/h. Fifth Street
runs parallel to Nelson Avenue (Highway 3A) and is an alternate route linking downtown
Nelson to the south with the study area to the north.

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)

Anderson Street (Hwy 3A) & Second Street;


Anderson Street (Hwy 3A) & Nelson Avenue (Hwy 3A);
Nelson Avenue (Hwy 3A) & Davies Street;
Nelson Avenue (Hwy 3A) & Kokanee Avenue;
Fourth Street & Gordon Street;
Fifth Street & Gordon Street;
Seventh Street & Gordon Street;
Seventh Street & Sproat Drive / Site Access and
Bealby Road & Site Access.

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.

FUTURE BASE TRAFFIC VOLUMES


In order to assess the traffic impacts of the proposed development on the base future
traffic volumes, the 2010 base vehicle volumes were first factored up by an approved
traffic volume growth rate of 2.0% per annum (simple straight line) to represent year
2020 and 2030 design conditions. The 2.0% annual growth rate is considered high by
MOTI officials but would result in a conservative assessment of the traffic impacts of the
proposed development. The forecast base 2020 and 2030 weekday afternoon peak
hour volumes are illustrated on FIGURE 3 and FIGURE 4 respectively.

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)

100 - Traffic Volume

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)

100 - Traffic Volume

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)

100 - Traffic Volume

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

DEVELOPMENT TRAFFIC VOLUMES

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

ITE (8th Ed.),


Code 931

67%

33%

28

14

41

40.75

ITE (8th Ed.),


Code 936

50%

50%

22

22

45

12.46

ITE (8th Ed.),


Code 565

47%

53%

12

13

25

2.71

ITE (8th Ed.),


Code 814

44%

56%

10

2.71

ITE (8th Ed.),


Code 814

44%

56%

17%

83%

37%

63%

156

113

269

2.00

3.60

3.00

Peak Hour Volumes (vph)

% in

Weekday
Afternoon

Directional Split

ITE(8th Ed.),
Code 230

5.50

Trip Rate
Source

4.20

1.49

6.20

1.45

ITE (8th Ed.),


Code 710
ITE (8th Ed.),
Code 495

TOTAL WEEKDAY AFTERNOON

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.

Weekday Morning Peak Hour


As requested by MOTI, the traffic volume generation for the site during the weekday
morning peak hour was also calculated and this is summarized in TABLE 2. During the
weekday morning peak hour, the site is projected to generate 281 veh/hr, which is 4.4%
higher than the afternoon peak hour. Primary reason is the proposed caf as the trip

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

Scope of Vehicle Trip


Developm Generation
Rate
ent
202
25

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

ITE (8th Ed.),


Code 931

0%

0%

117.23

ITE (8th Ed.),


Code 936

51%

49%

66

63

129

12.26

ITE (8th Ed.),


Code 565

53%

47%

13

12

25

1.00

ITE (8th Ed.),


Code 820

61%

39%

1.00

ITE (8th Ed.),


Code 820

61%

39%

88%

12%

61%

39%

10

119

161

281

2.00

3.60

3.00

Peak Hour Volumes (vph)

% in

Weekday
Morning

Directional Split

ITE(8th Ed.),
Code 230

5.50

Trip Rate
Source

4.20

1.55

6.20

1.62

ITE (8th Ed.),


Code 710
ITE (8th Ed.),
Code 495

TOTAL WEEKDAY MORNING

Saturday Peak Hour


As requested by MOTI, the traffic volume generation for the site during the Saturday
peak hour was also calculated and this is summarized in TABLE 3. During the weekday
morning peak hour, the site is projected to generate 290 veh/hr, which is 7.8% higher
than the afternoon peak hour. Primary reason again is the proposed caf as the trip
rates used assume that the majority of caf patrons will drive to the site instead of
walking.

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

ITE (8th Ed.),


Code 931

59%

41%

35

24

60

65.96

ITE (8th Ed.),


Code 936

48%

52%

35

38

73

1.70

ITE (8th Ed.),


Code 565

63%

37%

4.89

ITE (8th Ed.),


Code 820

52%

48%

18

4.89

ITE (8th Ed.),


Code 820

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

ITE (8th Ed.),


Code 710
ITE (8th Ed.),
Code 495

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

WEEKDAY AFTERNOON PEAK HOUR


IN

OUT

28%

40%

North

via Nelson Ave

East

via Gordon St

0%

0%

via Douglas Rd

14%

14%

South
West

via Nelson Ave

6%

3%

via Anderson St

53%

43%

TABLE 5
TRIP DISTRIBUTION OF SITE GENERATED TRAFFIC

WEEKDAY AFTERNOON PEAK HOUR


FROM/TO

OUT
113

North

via Nelson Ave

43

45

East

via Gordon St

via Douglas Rd

22

16

South
West

via Nelson Ave

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

CONCLUSIONS & RECOMMMENDATIONS

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

7. 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. The analysis determined that the traffic
impacts of the secondary access would be negligible because the projected peak
volume is only 27 veh/hr and this represents on average just 1 vehicle movement
every 2 minutes.
8. Based on collected summer 2010 traffic data, none of the intersections analyzed
have operational problems and all of them will be able to accommodate the
projected site volumes with no operational and/or geometrical improvements.
However, it is noted that the following intersections are expected to have
additional delays to side street traffic, which are deemed to be the non-critical
movements, by the year 2020:

Anderson Street (Hwy 3A) & Second Street;


Anderson Street (Hwy 3A) & Nelson Avenue (Hwy 3A);
Davies Street & Nelson Avenue (Hwy 3A); and
Kokanee Avenue & Nelson Avenue (Hwy 3A).

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:

Based on 20 year traffic volume projections, which is beyond the normal


15 year limit of accurate manual traffic volume forecasting;
It uses a conservative traffic volume growth rate of 2% per year which
may overestimate long term traffic volumes; and
It assumes that the majority of the future occupants of the development
will drive.

Therefore, future monitoring of this intersection should be undertaken to


determine when a full traffic signal is actually warranted.
10. A traffic signal warrant analysis of the intersections of Davies Street & Nelson
Avenue (Hwy 3A) and that of Kokanee Avenue & Nelson Avenue ( Hwy 3A)
determined that the only scenario where a full traffic signal was warranted using
peak volumes for either intersection was the year 2030 at Kokanee Avenue &
Nelson Avenue (Hwy 3A), traffic. Given the concerns about the limitations of the
forecasting accuracy as documented in Conclusion #8 above, only monitoring is
recommended as an action item.

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)

That the Ministry of Transportation & Infrastructure continue to monitor the


intersections of Davies Street & Nelson Avenue (Hwy 3A) and that of Kokanee
Avenue & Nelson Avenue (Hwy 3A) to determine when a full traffic signal may be
warranted and that when this occurs, that alternatives to full signalization
including installing a roundabout be considered at that time.

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)

Constructing the primary access to connect at the future intersection of


Seventh Street & Sproat Drive with the driveway access being stop sign
controlled.

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.

Jan O. Voss, P.Eng., PTOE


President
Attachment

Nelson Landing PropertyDevelopment Traffic Impact Study Draft Report (7January 2011)

From:
To:
Subject:
Date:

Eric & Kathy Manner


Megan Squires
Concerns raised at Nelson Landing Open House Sept 3, 2014
September-08-14 9:46:43 PM

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.

To conclude, I am asking the City of Nelson, to:


<!--[if !supportLists]--> <!--[endif]-->Request the developer of Nelson
Landing to open the 7th street access much earlier in the development of
Nelson Landing. In my opinion, this really should be a requirement even
before the first stage of development commences.
<!--[if !supportLists]--> <!--[endif]-->To provide some type of speed control
along Sproat Drive other than just signage.
I look forward to receiving your response and how the City of Nelson will address
these concerns.
Thank you.
Kathy Manner

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