THE CORPORATION OF THE CITY OF NELSON

REQUEST FOR DECISION

DATE: February 5, 2018 – Regular Council Meeting
TOPIC: Official Community Plan, Zoning, Off-Street Parking and
Subdivision Bylaw Amendments – Railtown
PROPOSAL: To amend various bylaws to reflect the Railtown Sustainable
Neighbourhood Action Plan
PROPOSED BY: Pam Mierau, Manager of Development Services
_____________________________________________________________________

ANALYSIS SUMMARY:
In 2016 the City completed a sustainable neighbourhood action plan (SNAP) for the
Railtown neighbourhood. As part of the SNAP an implementation table was completed that
articulates projects/actions that would be necessary to begin working towards the vision
articulated in the Plan. The first two items (OCP update & updates to City development
bylaws) establish the legislative framework to begin moving towards the vision. In an effort
to encourage private development that reflects the goals and objectives identified within the
SNAP, four bylaw amendments have been prepared to amend the Official Community Plan,
the Zoning Bylaw, the Off-Street Parking and Landscape Bylaw and the Subdivision and
Development Bylaw. Preparation and adoption of these amendments to the bylaws will
enable private landowners to have a set of rules to work with as they move forward on
development plans.

BACKGROUND:
Subsequent to the City of Nelson completion of a number of sustainable planning processes
involving the Path to 2040 Sustainability Strategy, the Sustainable Waterfront & Downtown
Master Plan, the Heritage Register Update, the Active Transportation Plan, the Community
Energy Plan, and the updated Official Community Plan in 2013, the City identified two key
priorities: upgrade Hall Street to strengthen the connection between the downtown and the
waterfront; and redevelop Railtown and strengthen the connection to Baker Street and the
waterfront. Planning has been completed for Hall Street and the final phase of
infrastructure work is underway with estimated completion for Fall 2018. With respect to
Railtown (map attached), planning has been completed through the development of the
SNAP. The SNAP includes an implementation table (attached) that articulates tasks or
projects to be completed to move towards the vision identified. The first tasks identified
within the SNAP were for the City to move forward on an update to the Official Community
Plan and the regulatory bylaws that would provide guidance for private land owners to move
forward with redevelopment.

Staff is presenting for Council’s consideration proposed amendments to the Official

Community Plan and to three regulatory bylaws (Zoning, Off-Street Parking & Landscape,
and Subdivision and Development) that will begin to establish a regulatory environment that
is expected to encourage redevelopment in Railtown as envisioned in the Railtown SNAP.
Further amendments may be necessary as we implement these new regulations through
development applications. It is suggested that all private developers interested in moving
forward with projects within the Railtown neighbourhood review their plans within the
context of the Official Community Plan, the Sustainable Waterfront & Downtown Master
Plan, the Railtown SNAP and the Zoning Bylaw. These documents provide the context and
vision for future development of the Railtown neighbourhood.
Suggested Amendments:

Official Community Plan Amendment

The proposed amendment to the Official Community Plan articulates two (2) changes. The
first includes a statement that all new development align with the Council approved Railtown
SNAP. Secondly, the amendment updates Schedule B, the land use designation map to
reflect the broad land use expectations for the various areas within Railtown.

Zoning Bylaw Amendment

The proposed amendment to the Zoning bylaw articulates six (6) changes. These zoning
changes are suggested to provide an updated regulatory regime that would encourage
development in Railtown and, at the same time, update some of the existing zoning to
reflect current best practices.
1. Item 1: updates the zoning definition of “Micro-brewery” to a new definition of “Craft
Brewery/Distillery”. This new definition has been developed and derived for the City
of Nelson by reviewing best practices in other communities in British Columbia in
conjunction with established standards for existing micro-breweries in Nelson. This
new definition also includes distilleries as part of the definition.
2. Item 2: deletes the use of “Micro-brewery” in the C1 and MU3 zones within the
zoning bylaw.
3. Item 3: adds the use of “Craft Brewery/Distillery” in the C1 and MU3 zones within the
zoning bylaw.
4. Item 4: adds a new zone to the Zoning Bylaw (C4, Railtown Core Commercial Zone).
This new zone has been proposed to establish land use regulations that would
encourage redevelopment of lands to best reflect land use patterns suggested by the
Railtown SNAP and the Sustainable Waterfront & Downtown Master Plan. The
proposed C4 zone is significantly similar to the C1, Core Commercial Zone. The
major differences are:
a. a maximum height of 20 metres (16 metres is the maximum height in the C1
zone); and
b. land use excludes “Cannabis-related Business” and includes “Live/Work”
5. Item 5: updates the Conditions of Use section of the C1 zone to meet the same
standards as the C4 zone as per best practice with respect to vehicle sales and off-
street parking regulations.
6. Item 6: amends Schedule B being the zoning map of the zoning bylaw to reflect the
updated Official Community Plan, the Railtown SNAP and the Sustainable
Waterfront & Downtown Master Plan.

Off-Street Parking and Landscape Bylaw Amendment

The proposed amendment to the Off-Street Parking and Landscape Bylaw articulates four
(4) changes.
1. Item 1: adds a new definition of “Car-share”.
2. Item 2: proposes an expanded Downtown Parking Area map to provide consistent
parking regulation standards into the expanded area that includes the entire lands to
be zoned C4, Railtown Core Commercial Zone. The purpose here is to move
towards replicating downtown parking standards which relaxes parking requirements
for developments that include mixed-use developments including residential.
3. Item 3: updates section 7.3(1) to specifically identify the standards for the C4 zone.
4. Item 4: provides for an opportunity for parking requirement reduction where mixed-
use developments that include multi-use residential with car-share parking stalls. In
researching various municipalities, opportunities are being provided to reduce
parking stall requirement when stalls are provided for car-share. Various
municipalities reduce the number of stalls by up to four stalls for every car-share stall
provided. It is proposed that there be a limit to a maximum of 2 stalls per
 development thereby reducing the number of stalls by a total of 6. This requirement
is subject to the proponent entering into an agreement with an established car-share
company or organization.
5. Item 5: provides an additional parking stall relaxation where new roads are to be
created from subdivision. This would allow for a reduction in the number of required
parking stalls where a proportion of required stalls can be accommodated on the
newly created street or road. Such a reduction to the on-site parking requirement
would be off-set by the development of an equal number of parking stalls on the
adjacent city street. Such a reduction would occur only if a newly created road(s)
were established as part of a development. Such a road is envisioned in the Official
Community Plan and in the Railtown SNAP (Baker Street extension).

Subdivision and Development Bylaw Amendment

The proposed amendment to the Subdivision and Development Bylaw deletes Appendix A –
Works and Services Requirements and replaces it with a new Appendix A. The change
articulates two (2) minor housekeeping changes that include standards for appropriate
works and services requirements for the new C4 zone and a previously created MU5MED
zone (highlighted in yellow in draft bylaw).

BENEFITS OR DISADVANTAGES AND NEGATIVE IMPACTS:

If the bylaw amendments are approved by Council, property owners will be able to plan for
future development opportunities in the neighbourhood. Approval of the bylaws will assist
staff by updating the bylaws at once rather than based on individual applications into the
future.

LEGISLATIVE IMPACTS, PRECEDENTS, POLICIES:

All bylaw amendments are required to meet Provincial legislative requirements. Suggested
bylaw amendments may set precedent for future changes if proven successful.

COSTS AND BUDGET IMPACT - REVENUE GENERATION:

Staff time has been utilized in preparing bylaw amendments. Completion of amendments
will likely minimize staff costs in preparing individual application requests for development to
Council. Streamlining approval processes will likely minimize costs to developers and
subsequently provide added tax and servicing revenue to the City.

IMPACT ON SUSTAINABILITY OBJECTIVES AND STAFF RESOURCES:

The proposed bylaws will support the vision articulated in the Railtown Sustainable
Neighbourhood Action Plan. Future development helps support the tax base along with
supporting City Services and provides for efficiencies. Redevelopment in Railtown will
support active use of former brownfield sites.
Updates to existing bylaws for the whole of Railtown will support City Staff by amending
bylaws together as a whole as opposed to incremental amendments over time. Future
development proposals will be required to be reviewed and processed by Staff. Further
development proposals will require City staff to provide services as properties develop.

COMMUNICATION:
The proposed bylaws were prepared based on documents (Official Community Plan,
Railtown SNAP, Sustainable Waterfront and Downtown Plan) prepared by the City of
Nelson. These documents involved extensive public consultation as those processes
evolved. If the bylaws move forward, a Public Hearing along with required notifications
pursuant to the Local Government Act and the Development Applications Procedures Bylaw
will be scheduled.
The application was presented to the Advisory Planning Committee on January 23, 2018
and was recommended for approval.

The draft bylaws were forwarded to a number of City of Nelson departments as follows:
Nelson Hydro, Nelson Fire and Rescue Services, Public Works, Information Technology.
Additionally, the draft bylaws were referred to a number of outside agencies as follows:
Ministry of Transportation and Infrastructure, Regional District of Central Kootenay, Interior
Health, Ministry of Environment, Ktunaxa Nation Council, School District #8. Comments
received are identified in the attachments.

OPTIONS AND ALTERNATIVES:

1. Proceed through the adoption process for the draft amending bylaws.
2. Not move forward on the bylaw adoption process.
3. Refer the application back to staff for further information

ATTACHMENTS:
1. Railtown Neighbourhood Map
2. SNAP Implementation Table
3. Draft Amending Bylaws 3391, 3392, 3393, and 3394
4. Existing OCP Map for Railtown
5. Existing Zoning Map for Railtown
6. Existing Downtown Parking Area.
7. Referral Comments Received.

RECOMMENDATION:
That Council passes the following resolutions:

1. That the Official Community Plan Amendment bylaw No. 3391, 2018 be given First and
Second Reading;
2. That Zoning Amendment Bylaw No. 3392, 2018 be given First and Second Reading;
3. That the Off-Street Parking and Landscape Amendment Bylaw No. 3393, 2018 be
introduced and read a first and second time by title only.
4. That the Off-Street Parking and Landscape Amendment Bylaw No. 3393, 2018 be read
a third time by title only.
5. That the Subdivision and Development Servicing Amendment Bylaw No. 3394, 2018 be
introduced and read a first and a second time by title only.
6. That the Subdivision and Development Servicing Amendment Bylaw No. 3394, 2018 be
read a third time by title only.
7. That Council direct staff to schedule a Public Hearing for Bylaws 3391 and 3392.

AUTHOR: REVIEWED BY:

______________________________ ____________________________
MANAGER, DEVELOPMENT SERVICES CITY MANAGER
 City of Nelson
Map Scale:
0 0.03750.075

Map Projection: UTM Zone 11

³
0.15 Kilometers

Map Datum: NAD83

Suite 101 - 310 Ward Street, Nelson, BC V1L 5S4
Phone: 250-352-8260 Fax: 250-352-2131
Internet: www.nelson.ca

The mapping information shown are approximate Railtown Neighbourhood

representations and should only be used for reference
City of Nelson
purposes. The City of Nelson is not Date: 1/25/2018
responsible for any errors or ommissions on this map.
 Implementation Table
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Table 2. Implementation Table

 THE CORPORATION OF THE CITY OF NELSON
BYLAW NO. 3391

A BYLAW TO AMEND "THE CORPORATION OF THE CITY OF NELSON

OFFICIAL COMMUNITY PLAN BYLAW NO. 3247, 2013"
_________________________________________________________________________

The City of Nelson completed a Sustainable Neighbourhood Action Plan for the Railtown
neighbourhood in 2016;

The Council of the Corporation of the City of Nelson considers it desirable and expedient to
amend “The Corporation of the City of Nelson Official Community Plan No. 3247, 2013”
(hereinafter called “the said bylaw”) to reflect the vision identified in the Sustainable
Neighbourhood Action Plan;

The Council of the Corporation of the City of Nelson, in open meeting assembled enacts as
follows:

1. That Schedule A of the “Corporation of the City of Nelson Official Community Plan Bylaw
3247, 2013” be amended by adding the following paragraph immediately prior to the
Downtown – Objectives section on Page 31.

In 2016 the City of Nelson completed a Sustainable Neighbourhood Action Plan (SNAP)
for the Railtown precinct of the Downtown. This SNAP suggests a more refined
development scenario for the future of the area. Future land-use, development design,
and servicing should reflect recommendations identified in this document.

2. That Schedule B of the “Corporation of the City of Nelson Official Community Plan Bylaw
No. 3247, 2013” be amended by redesignating the lands in Railtown to Institutional;
Mixed Use Commercial / Industrial; Mixed Use Core; Mixed Use Residential; and Park
and Open Space as shown on attached Schedule A.

3. This Bylaw may be cited as "The Official Community Plan Amendment Bylaw No.
3391, 2018"

READ A FIRST TIME the day of 2018

READ A SECOND TIME the day of 2018
PUBLIC HEARING held the day of 2018
READ A THIRD TIME the day of 2018

FINALLY PASSED AND ADOPTED the day of 2018

_____________
Mayor

____________
Corporate Officer
 City of Nelson
Legend
TYPE
RAIL
Road

Railtown OCP Designations

Map Scale:
0 0.0375
0.075

Map Projection: UTM Zone 11

³
0.15 Kilometers

Map Datum: NAD83

Suite 101 - 310 Ward Street, Nelson, BC V1L 5S4 CLASS_DESC
Phone: 250-352-8260 Fax: 250-352-2131 Institutional
Internet: www.nelson.ca Mixed Use Commercial / Industrial
Mixed Use Core
The mapping information shown are approximate
representations and should only be used for reference
Mixed Use Residential Schedule A to "The Official Community
purposes. The City of Nelson is not Plan Amendment Bylaw No. 3391, 2018"
Park and Open Space
Date: 1/29/2018
responsible for any errors or ommissions on this map.
 THE CORPORATION OF THE CITY OF NELSON
BYLAW NO. 3392

A BYLAW TO AMEND "THE CITY OF NELSON

ZONING BYLAW NO. 3199, 2013"
_________________________________________________________________________

The Council of the Corporation of the City of Nelson considers it desirable and expedient to
amend “The City of Nelson Zoning Bylaw No. 3199, 2013” (hereinafter called “the said
bylaw”);

The Council of the Corporation of the City of Nelson, in open meeting assembled enacts as
follows:

1. That Part 1 Interpretation section 1.1 Definitions of the said bylaw be amended by
deleting the definition of “Micro-Brewery” and inserting a new definition “Craft
Brewery/Distillery” as follows:
“CRAFT BREWERY/DISTILLERY” means the brewing or distilling of alcoholic
beverages or alcoholic products with alcoholic content exceeding 1% by volume. This
production must be licensed by the Liquor Control Licensing Act. The public tasting and
retail sale of alcoholic product is limited to that which is produced on site. All processes,
functions and mechanical equipment associated with the use must be contained indoors,
and are limited to production activities which are not deemed to be noxious or offensive
to adjacent properties or the general public. The total area for manufacturing shall be
limited to a maximum of 275 square metres.

2. That the permitted use of “Micro-Brewery” in Section 5.3.2 and Section 6.1.2 of
Schedule A of the said bylaw be deleted.

3. That a new permitted use of “Craft Brewery/Distillery” be added to each of Section 5.3.2
and Section 6.1.2 of Schedule A of said bylaw.

4. That a new section 6.4 C4, Railtown Core Commercial Zone be added to Section 6
Commercial Zone Regulations of Schedule ‘A’ – Regulations & Zones of the said bylaw
as follows:

6.4 C4, RAILTOWN CORE COMMERCIAL ZONE

1. Purpose
The purpose is to designate and preserve land for the orderly development of the
Railtown core area of the Downtown.

2. Permitted Uses
The following uses of land, buildings and structures and no others shall be permitted
in the C4, Railtown Core Commercial Zone:
a. Art Gallery and Museum
b. Animal Daycare
c. Broadcasting Studios
 d. Car Wash
e. Care Services
f. Commercial School
g. Craft Brewery/Distillery
h. Custom Indoor Manufacturing
i. Early Childhood Development Centre
j. Entertainment Facility
k. Funeral Home
l. Health Services
m. Liquor Primary Establishment
n. Live/Work
o. Mechanical Repair Service and Sales
p. Mobile Food Vendor
q. Mobile Retail Vendor
r. Multi-Unit Residential)
s. Neighbourhood Pub
t. Off-Street Parking (subject to subsection 3h. below)
u. Participant Recreation Services, indoor
v. Personal Service Establishment
w. Printing and Publishing Establishment
x. Professional and Business Offices
y. Public Administration
z. Public Assembly
aa.Market
bb.Restaurant
cc. Retail Store
dd.Social Services Centre
ee.Tourist Accommodation
ff. Veterinary Clinic

3. Conditions of Use
a. Animal Daycare use must be within an enclosed building.
b. Commercial storage is permitted when accessory to a permitted use.
c. Accessory commercial storage use cannot occupy more than 50% of the gross
floor area of the building, and shall not be located to have direct street
frontage.
d. Exterior, unenclosed storage or goods or materials is not permitted.
e. Car Wash use must be completely enclosed within a building.
f. Mechanical Repair Service and Sales must be conducted indoors. Storage of
vehicles for sale shall be located indoors.
g. Off street parking accessory to the principle use shall not be located in the front
of the principle structure located on a site.
h. A maximum of 50% of the gross floor area of a building at street level may be
used for off-street parking. Such parking on any lot fronting Baker Street shall
be located to the rear of the structure. All parking visible from Baker Street
shall be suitably landscaped or otherwise screened from view as approved in
the Development Permitting Process.
 i. Off-street Parking as a principle use shall be subject to a development permit
and include extensive landscaping and drainage facilities to minimize runoff.

4. Minimum Lot Area and Minimum Lot Width

a. The minimum lot area shall be not less than 278 m².
b. The minimum lot width shall not be less than 7.6 m.

5. Lot Coverage
Buildings and structures shall not cover more than 90 percent of the lot area.

6. Minimum Setback and Maximum Height

Minimum Setback
Front lot line 0m
- If lot is not served by a 1.5 m
constructed rear lane or
road
Exterior side lot line 0m
Interior side lot line 0m
- If lot is not served by a 3.0 m
constructed rear lane or
road
- If lot is adjacent to a lot 3.0 m
with Residential zoning
Maximum Height 20 m

7. Waste and Recycling requirements shall comply with applicable requirements of

section 1.2.9. of Schedule “A”.

8. Amenity Areas for Multi-Unit Residential dwellings shall comply with applicable
requirements of section 1.2.4. of Schedule “A”.

5. That Section 6.1.3 of Schedule “A” of the said bylaw be amended by adding the
following subsections:
e. Mechanical Repair Service and Sales must be conducted indoors. Storage of
vehicles for sale shall be located indoors.
f. Off street parking accessory to the principle use shall not be located in the front
of the principle structure located on a site.
g. A maximum of 50% of the gross floor area of a building at street level may be
used for off-street parking. Such parking shall not be located on the frontage
or exterior side of a site and/or building.

6. That Schedule B of the said bylaw be amended by zoning the lands in Railtown to MU3,
Railtown Mixed Use - Residential & Commercial Zone; MU4, Waterfront Mixed Use –
Industrial & Commercial Zone; C4, Railtown Core Commercial Zone; I1, Institutional
Zone and P1 Park, Open and Recreational Space Zone as shown on attached Schedule
A.
7. This Bylaw may be cited as "Zoning Bylaw Amendment No. 3392, 2018".

READ A FIRST TIME the day of 2018

READ A SECOND TIME the day of 2018
PUBLIC HEARING held the day of 2018
READ A THIRD TIME the day of 2018

FINALLY PASSED AND ADOPTED the day of 2018

_____________
Mayor

____________
Corporate Officer
 C4

P1

MU3

MU4
P1
C4

I1

P1

City of Nelson
Legend
Road

Railtown Zoning
CLASS
Map Scale:
0 0.03750.075

Map Projection: UTM Zone 11

³
0.15 Kilometers

Map Datum: NAD83

Suite 101 - 310 Ward Street, Nelson, BC V1L 5S4
C4
Phone: 250-352-8260 Fax: 250-352-2131
Internet: www.nelson.ca I1

The mapping information shown are approximate MU3

Schedule A to "Zoning Bylaw
representations and should only be used for reference MU4
purposes. The City of Nelson is not
Amendment No. 3392, 2018"
P1 Date: 1/27/2018
responsible for any errors or ommissions on this map.
 THE CORPORATION OF THE CITY OF NELSON
BYLAW NO. 3393

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 Part 1 Section 1.1 be amended by including a definition of “car- share”

as follows:
“Car-share” means ◾a system of sharing vehicles in the City that allows for a
membership based service available to all qualified drivers. No separate
written agreement is required each time a member reserves and uses a
vehicle. The car-share operation offer members access to a dispersed
network of shared vehicles 24-hours, 7 days a week at unattended self-
service locations.

2. That Figure 1: Downtown Parking Area map of the said bylaw be deleted
and replaced with the attached Schedule A, entitled Figure 1: Downtown
Parking Area.

3. That Section 7.3(1) Off-Street Vehicle Parking Requirements of the said

bylaw be amended by deleting the words, “Dwelling Units located in the
Downtown Residential Zone (R3) and the Core Commercial Zone (C1)” and
replacing with the words, “Dwelling Units located in the Downtown
Residential Zone (R3), the C1, Core Commercial Zone and the C4, Railtown
Core Commercial Zone”.

4. That Section 7.3 Off-Street Vehicle Parking Requirements of the said bylaw
be amended by deleting subsection (2) and replacing it with the following:

(2) Despite subsection 7.3(1) when commercial or institutional uses

are located in Figure 1: Downtown Parking Area and are part of a
mixed use building that also contains multi-unit residential
dwellings, the required number of vehicle parking spaces may be
reduced as follows:
(i) parking may be reduced to 50% of the total number that would
otherwise be calculated; and/or
(ii) where car-share stalls are provided, the total parking
requirement may be reduced by four stalls for every one car-
share stall provided subject to the proponent submitting a
long-term license agreement with an established car-share
 company/organization. Such reduction shall not be greater
than two car-share spaces per development.

5. That Section 7.3 Off-Street Vehicle Parking Requirements of the said bylaw
be amended by renumbering subsection (3) to subsection (4) and including a
new subsection (3) as follows:

(3) In addition to subsection (2), where a new subdivision is approved in

Figure 1: Downtown Parking Area that establishes a new public road,
the number of required on-site parking stalls shall be reduced by the
total number of stalls that are able to be established on the newly
created road right-of-way. Such reduction shall be at the discretion of
the Approving Officer based on the needs for street furniture, fixtures,
sidewalks, bump-outs and transit stops. Parking reduction allocation
will be assigned to each lot proportionally based on the size of the lot to
the total size of all newly created lots.

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

Bylaw No. 3393, 2018"

READ A FIRST TIME the day of , 2018

READ A SECOND TIME the day of , 2018
READ A THIRD TIME the day of , 2018

FINALLY PASSED AND ADOPTED the day of , 2018

_________
Mayor

__________
Corporate Officer
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Map Scale:
Figure 1: Downtown Parking Area 0 0.05 0.1 0.2 Kilometers
City of Nelson Legend
Suite 101 - 310 Ward Street, Nelson, BC V1L 5S4 Map Projection: UTM Zone 11 Map Datum: NAD83
Phone: 250-352-8260 Fax: 250-352-2131 Downtown Parking Areas
Internet: www.nelson.ca
TYPE
The mapping information shown are approximate
Schedule A to "Off-Street Parking and
RAIL
representations and should only be used for reference Landscape Bylaw Amendment
purposes. The City of Nelson is not Road
Date: 1/25/2018 No. 3393, 2018"
responsible for any errors or ommissions on this map.
 THE CORPORATION OF THE CITY OF NELSON
BYLAW NO. 3394

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 said bylaw be amended on page 18 by deleting the Appendix A – Works and
Services Requirements table and replacing by Schedule A attached.

3. This Bylaw may be cited as "Subdivision and Development Servicing

Amendment Bylaw No. 3394, 2018"

READ A FIRST TIME the day of , 2018

READ A SECOND TIME the day of , 2018
READ A THIRD TIME the day of , 2018
FINALLY PASSED AND ADOPTED the day of , 2018

_________________
Mayor

_________________
Corporate Officer
Schedule A to Subdivision and Development Servicing Amendment Bylaw No. 3394, 2018

THE CORPORATION OF THE CITY OF NELSON

BYLAW NO. 3170, 2011

Appendix A – Works and Services Requirements

ROADS (refer to
UTILITIES
Schedule A-10 –
(refer to Key Sheet previous page)
Standard Drawings)
Zone Water Sewer Drain Electrical* Lighting Roads Sidewalks
R1 CWS CSS STM/DITCH/OS UG SL/SLI R2/R7/R8 1
R2 CWS CSS STM/OS UG SL R2/R7/R8 1/2
R3 CWS CSS STM/OS UG SL R2/R7/R8 2
R4 CWS CSS STM/OS UG SL R2/R7/R8 2
R5 CWS CSS STM/DITCH/OS UG SL/SLI R2/R7/R8 1/2
R6 CWS CSS STM/OS UG SL/SLI R2 1/2
MU1 CWS CSS STM/OS UG SLI R2/R3 1/2
MU2 CWS CSS STM/OS UG SLI R2/R3 1/2
MU3 CWS CSS STM/OS UG SLI R2/R3 1/2
MU4 CWS CSS STM/OS UG SLI R/R3 1/2
MU5 CWS CSS STM/OS UG SLI R2/R3 1/2
MU5MED CWS CSS STM/OS UG SLI R2/R3 1/2
C1 CWS CSS STM UG SL/SLI R3/R4 2
C2 CWS CSS STM/OS UG SLI R3/R4 1/2
C3 CWS CSS STM/OS UG SLI R2 2
C4 CWS CSS STM UG SLI R4 2
M1 CWS CSS STM/OS UG SLI R3/R4 1
M2 CWS CSS STM/DITCH/OS UG SLI R3/R4 0/1
I1 CWS CSS STM/OS UG SLI R3/R4 1/2
P1 CWS CSS STM/DITCH/OS UG SLI R3/R4 0/1
P2 CWS CSS STM/DITCH/OS UG SLI R3/R4 0/1
RZ1 WELL SF DITCH/OS UG N/A R2/R3/R4 0
CD CWS CSS STM UG SL R2/R3 1/2

1. Where alternate standards are identified above, the Approving Officer shall determine the constructed
standard based on site conditions and anticipated future needs.

2. *Unless otherwise approved in advance by the City, all new subdivisions must be serviced with
underground electrical service. It shall be the developer’s responsibility to contact Nelson Hydro to
arrange for design and construction of the underground distribution system into and within the
subdivision. Any system upgrades outside the subdivision deemed necessary by Nelson Hydro shall be
the developer’s responsibility and cost.
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Legend Map Scale:

Existing OCP Designations - Railtown 0 0.03 0.06 0.12 Kilometers
OBJECTID
City of Nelson
Mixed Use Core Map Projection: UTM Zone 11 Map Datum: NAD83
Suite 101 - 310 Ward Street, Nelson, BC V1L 5S4
Phone: 250-352-8260 Fax: 250-352-2131 Mixed Use Residential
Internet: www.nelson.ca
Mixed Use Commercial / Industrial
The mapping information shown are approximate Institutional
representations and should only be used for reference
purposes. The City of Nelson is not
Park and Open Space
Date: 1/27/2018
responsible for any errors or ommissions on this map.
 MC DR
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Legend Map Scale:

Existing Zoning Railtown 0 0.03750.075 0.15 Kilometers
CLASS
City of Nelson
Suite 101 - 310 Ward Street, Nelson, BC V1L 5S4
C1 Map Projection: UTM Zone 11 Map Datum: NAD83
Phone: 250-352-8260 Fax: 250-352-2131 I1
Internet: www.nelson.ca
MU3
The mapping information shown are approximate MU4
representations and should only be used for reference
purposes. The City of Nelson is not P1
Date: 1/27/2018
responsible for any errors or ommissions on this map.
The Corporation of the City of Nelson Page 6 of 22
Off-Street Parking and Landscape Bylaw No. 3274, 2013
 Referral Comments – Railtown Amending Bylaws
Nelson Hydro
The October 23 email was reviewed but we felt no comments were required. Nelson
Hydro has an existing underground 3 phase primary source to the foot of Baker
Street, installed when the former CP station was redeveloped into the Chamber of
Commerce. Nelson Hydro also has a 25kV feeder along Government Road for any
loads developed on that corridor. I would like to suggest that the commercial
component of this area be required to take underground service, but I think the
Hydro bylaw already covers that….

Nelson Fire
All looks good from my perspective. Just for thought, you may want to restrict this
area from having any shipping containers used since they seem to be getting more
popular and not sure if it can be restricted but also consider restricting above or
below ground fuel tanks of any size.

Operations
I was wondering if the 3d. condition would impact something like a grocer having
bedding plants/Christmas trees for sale in part of the lot (like Walmart’s garden
center) or if fencing around an area would permit for this kind of activity(?). With the
90% lot coverage provision in 5, would the proponent of a design still be required to
attenuate storm water runoff? There are some large tracts of land that would
contribute a lot of runoff and drainage is going to be important. For the changes to
off street parking in the Downtown area, I’m worried that the reduction for the car
share could push a lot of demand to the on street parking. I’m also wondering when
the offstreet parking reductions would be applied to the on-street parking (in relation
to knowing the full extent of his development).

No concerns on the Bylaws going forward – Verbal Comment

Ministry of Transportation, Highways and Infrastructure

As discussed at our meeting, we will not require a Traffic Impact Study at this time
due to these bylaw amendments. However, as we are especially concerned about
the intersection at Baker Street and Hwy 3A reaching its capacity as well as impacts
to other roads/intersections that may be affected, any future building and or
development applications in the Railtown area will require a referral to us for our
review to determine the requirement for a Traffic Impact Study and the need for
improvements to the intersection and other connecting roads. This would include
any applications to existing and any applications for new buildings/developments.
As stated in my previous email, if a TIS is required, it is imperative that the
proponents and/or the City meet to discuss the Terms of Reference for the study.
We very much support this proposed Community Plan for Railtown and look forward
to working together.
Regional District of Central Kootenay
Thank you for the extending the deadline for referral responses. The Regional
District of Central Kootenay has no comments on the proposal.

City of Nelson Advisory Planning Commission

Recommend moving forward with draft Bylaws. (Two members voted opposed)

Other Agency Responses

No comments were received from the following agencies:
Interior Health Authority
Ministry of Environment
School District # 8
Ktunaxa Nation Council