REQUEST FOR DECISION
DATE: January 31, 2017 Report No. DEV-17-008
TO: Laurie Hurst, Chief Administrative Officer
FROM: Bill Brown, Director of Development Services
SUBJECT:
Title
First and second readings of ZONING BYLAW, 1992, NO. 2050, AMENDMENT BYLAW NO. 2888 (Appendix “A”) being a bylaw to:
(1) Amend portions of Section 55 McLoughlin Point Special Use [I-3] Zone;
(2) Change the designation from Marine Navigation [M-4] Zone to McLoughlin Point Special Use [I-3] Zone of certain portions of the McLoughlin Point property;
(3) Change the Zoning Map to reflect the changes in zoning classification;
(4) Update the Marine Navigation [M-4] Zone to reflect the updated legal description for McLoughin Point; and
(5) Update the definitions of "Sewage Pumping Facility" and "Sewage Screening Facility".
End
RECOMMENDATION:
Recommendation
Recommendation
(1) That Council give first and second readings of ZONING BYLAW, 1992, NO. 2050, AMENDMENT BYLAW NO. 2888 being a bylaw to:
(a) Amend portions of Section 55 McLoughlin Point Special Use [I-3] Zone;
(b) Change the designation from Marine Navigation [M-4] Zone to McLoughlin Point Special Use [I-3] Zone of certain portions of the McLoughlin Point property;
(c) Change the Zoning Map to reflect the changes in zoning classification;
(d) Update the Marine Navigation [M-4] Zone to reflect the updated legal description for McLoughin Point; and
(e) Update the definitions of "Sewage Pumping Facility" and "Sewage Screening Facility";
(2) That Council authorizes the Corporate Officer to schedule a Public Hearing for Zoning Amendment Bylaw No. 2888 for February 20, 2017, send mail notices and advertise for same in the local newspaper;
(3) That Council authorize the Corporate Officer to include in the Public Hearing notices and advertisement a statement indicating that Council will also accept comments from the public regarding the proposed Host Community Impact 5-Year Agreement, the Community Impact Mitigation & Operating Agreement, the Amenity Reserve Fund Administration Agreement, and the Statutory Right of Way for future trail, up to and during the Public Hearing; and
(4) That prior to consideration of adoption, the Capital Regional District execute the Host Community Impact 5-Year Agreement, the Community Impact Mitigation & Operating Agreement, and the Amenity Reserve Fund Administration Agreement in substantially the same form as presented at Public Hearing.
Body
RELEVANT POLICY:
- Official Community Plan
- Zoning Bylaw, 1992, No 2050
- Parking Bylaw, 1992, No. 2011
- Development Application Procedures and Fees Bylaw, 2012, No. 2791
- Advisory Planning Commission Bylaw, 2012, No. 2792
- Subdivision and Development Control Bylaw, 1997, No. 2175
- Host Community Impact 5-Year Agreement
- Community Impact Mitigation & Operating Agreement
- Amenity Reserve Fund Administration Agreement
STRATEGIC RELEVANCE:
The proposed amendments to the Zoning Bylaw are not directly related to any of Council’s strategic priorities in the 2015 - 2019 Strategic Plan dated January 2016.
BACKGROUND:
Context
Owner: Capital Regional District
Legal Description: Lot 1; Section 11; Plan EPP36468
Street Address: 337 Victoria View Road
Property Size: Metric: 14,213 m2
Existing Land Use: Vacant
Surrounding Land Uses:
North: Department of National Defense [Work Point]
South: Strait of Juan de Fuca
West: Department of National Defense [Work Point]
East: Victoria Harbour (Outer Harbour)
Existing Zoning: McLoughlin Point Special Use [I-3]
Existing OCP Designation: Industrial
Appendices:
“A” Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2888
“B” Site Context Map
“C” Host Community Impact 5-Year Agreement
“D” Community Impact Mitigation & Operating Agreement
“E” Amenity Reserve Fund Administration Agreement
“F” McLoughlin Point Wastewater Treatment Plant Traffic Management Plan
“G” Architectural drawing set
History
The McLoughlin Point site is a 14,213 m2 parcel situated on the west side of the entrance to Victoria Harbour and the proposed site for the Core Area Wastewater Treatment Plant (Appendix “B”). The current zoning provisions for the site were the result of amendments made to the I-3 Zone by Bylaw 2806 which was adopted by Council on July 15, 2013. Although the current McLoughlin Point Special Use [I-3] zone allows for the development of a waste water treatment plant with an existing suite of amenities, it became apparent through the detailed design process for the plant that there was an opportunity to amend the zone, including the existing amenities, in order to provide better siting of the plant and a better amenity package for the Township and relieve the Project Board of an obligation to deliver mixed-uses on the site and certain amenities that would have been difficult for it to deliver.
Therefore, Council instructed staff to draft a series of amendments to the McLoughlin Point Special Use Zone [I-3] that would reflect the current thinking about the wastewater treatment plant giving particular attention to obtaining an amenity package that would be more suitable to the needs of the citizens of Esquimalt. The proposed amendments are a response to Council’s instructions to staff and discussions that staff have had with the Project Board Co-chairs and their design team. In addition, some of the amendments are also in response to the review of the proposed plant design by the Design Review Committee. The Township also hosted an Open House to gather initial feedback on the revised amenity package.
Purpose of the Proposed Zoning Bylaw Amendment
The purpose of the amendments to the McLoughlin Point Special Use [I-3] zone are to accommodate a revised siting and design from the previously proposed indicative design for the wastewater treatment plant along with a revised amenity package. A summary of the proposed amendments are outlined in Table 1.
Table 1 Summary of Proposed Amendments to the McLoughlin Point Special Use [I-3] Zone
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Section |
Comments |
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Proposed Amendments to the McLoughlin Point Special Use [I-3] Zone |
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Intent Statement |
The “Intent Statement” has been updated by removing reference to the historic bulk petroleum storage facility and establishing a clearer nexus between the proposed use of the land as a wastewater treatment plant and the proposed amenities. |
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Permitted Uses |
“Bulk storage tanks” have been removed as a permitted use. |
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Definition of Nearby Community |
The definition has been amended to extend the radial extent of the Community from 1.5 kilometers to 2.5 kilometers. This was done because the Extended Community definition which previously had a radial extent of 2.5 kilometers has been deleted in order to help simplify the Bylaw in conjunction with the reduction in the number of Bonus Density Levels from three (3) to one (1). |
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Definition of Extended Community |
As noted above, this definition has been deleted as it is no longer relevant with only one Bonus Density Level. |
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References to sections of the Local Government Act |
All references to sections of the Local Government Act have been updated to reflect the recent renumbering of the sections in the Act. |
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Explanatory Paragraph preceding the density and density bonusing sections. |
A clause has been added to this paragraph to provide clarity with regard to the relationship between the development potential on the site and the proposed amenities. |
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Base Density |
Reference to the authorized rate of discharge for effluent has been deleted from the bylaw since it was deemed unnecessary to interpret the bylaw. |
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Bonus Density Level |
The former three bonus density levels have been reduced to one given that there is now a far better understanding of the project and the process. The proposed Bonus Density largely reflects the existing Level 3 Bonus Density with the exception that the maximum lot coverage has been reduced from 75% to 65% (which is consistent with the proposal). The proposed Bonus Density is as follows: (i) The Floor Area Ratio shall not exceed 0.35; (ii) The Floor Area shall not exceed 4,500, square metres, excluding processing tanks and generators completely enclosed within a Building; (iii) Lot Coverage shall not exceed 65%; (iv) Plant capacity not to exceed 108 million litres per day, Average Dry Weather Flow (ADWF); |
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Barging of materials and supplies |
The barging of materials and supplies has been removed as an amenity. The money saved by eliminating barging will be put into a 17 million dollar Amenity Reserve Fund(s). Money saved by amending or eliminating other amenities outlined in this table has also contributed to the Amenity Reserve Fund. |
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Pier |
The provision to build a pier has been removed as an amenity; without barging or ferry service, it was no longer necessary. |
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Traffic Integration |
This provision has been amended by removing reference to streets in Work Point because mitigation on DND lands is being addressed separately by the Capital Regional District with DND. In addition, a provision has been added to clarify that the traffic integration amenities will also apply to “all remaining Township streets between Lampson Street and Esquimalt Road and the subject property that are materially affected by construction traffic”. The minimum value of these amenities remains at $950,000. |
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Education and Interpretive Centre |
A minimum 75 m2 Education and Interpretive Centre is still required; however, the requirement for a “Centre of Excellence” has been removed. |
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High Efficiency Air Filter Systems on Schools |
Clarification is added that the high efficiency air filter systems are designed to “mitigate any negative effects caused by the construction and related traffic to the WWTP project on air quality and odor reduction”. In addition, a list of the specific schools that will get these systems has been added. The list is as follows: a) Esquimalt High School b) Highrock Middle School c) Ecole Macaulay Elementary School d) Ecole Victor Brodeur |
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LEED ® Standards |
The provisions related to LEED certification are clarified by indicating that the LEED ® Gold Standard is limited to the Operations and Maintenance portion of the building (there are no LEED ® standards for the actual processing portion of the plant). |
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Upgrading of the Macaulay Point and Lang Cove Pump Stations to a design standard consistent with the Craigflower Pump Station Project |
The Lang Cove Pump Station will no longer be aesthetically upgraded, but will have an odour control system added as noted below. |
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Upgrading of the Macaulay Point Pump Station - Odour Control |
This section has been amended to remove the requirement that odour is not detectable by humans outside of the building. Instead, the sole provision is that, “odour mitigation measures to be installed in Macaulay Pump station, and Lang Cove Pump station, providing for an odour detection level no greater than five (5) odour units measured at the property lines (or fence lines where applicable).” |
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Provision of Public Open Space Along the Waterfront. |
Provision of public open space has been reduced from 1,000 m2 to 140 m2. This is due to the fact that the Department of National Defense will not allow unrestricted public access to the site, therefore, the provision of an extensive public open space would go largely unused. The proposed design does include an outdoor observation deck and a rooftop patio connected to the Education Centre for use by visitors who are part of a sanctioned tour. |
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Public Art |
Public Art can now be located off-site as well as on-site. The contribution remains at $100,000. |
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Provision of Public Open Space Improvements with a Value of No Less than $75,000. |
The specific requirement to provide picnic benches and a tot-lot has been removed; however, the $75,000 remains. |
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Provision of a Ferry Service to the Site |
The requirement to provide a ferry service to the site has been removed since public access will be severely restricted at this time. |
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Public Walkway |
The provision to provide a public walkway on-site has been removed; however, a right-of-way for a public walkway will be provided in order to allow a walkway to be built in the future. In addition, the requirement to extend the walkway to the West Bay Neighbourhood has been removed. |
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Rooftop Wetland |
The requirement for a rooftop wetland to polish reclaimed water has been removed and replaced with a requirement for a green roof on 80% of the Operations and Maintenance Building. |
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Heritage Interpretation Signs |
The provision to provide a minimum of 5 Heritage Interpretation Signs remains. |
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Themed Fire Hydrants |
The requirement to provide themed fire hydrants has been removed. |
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Provision of Underground Conduit |
This provision has been removed from the bylaw, but continues to be addressed in the related agreements to allow more flexibility to the Township, as is necessary to coordinate related expenditures and priorities. |
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Reinstatement of all Roads Damaged by Construction Traffic |
This provision remains. All roads damaged by construction traffic will be reinstated to a condition equal to or better than existed before construction. |
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Odour and Noise Mitigation |
The requirement for, “meeting noise and odour within the top 10 percentile of comparable facilities developed in previous five (5) years in North America and Europe”, has been removed as it was deemed unnecessary to obtain the desired outcome. However, the requirement that odour detection remain under (5) odour units remains. In addition, a requirement that the noise level from the waste water treatment plant not exceed 60 dBA at the property lines has been added. |
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Products and Byproducts must be Removed from the Site by Pipe or Marine Access |
This provision remains. |
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No Odour-Causing and/or Methane-Producing Facilities Allowed On-Site |
This provision remains. |
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$17,000,000 One-time contribution to the McLoughlin Point Amenity Reserve Fund |
This provision has been added, in part to compensate for amenities that have been removed and to reflect the lost opportunity of providing amenities on-site given the size requirements of the plant and current access restrictions. The McLoughlin Point Amenity Reserve Fund(s) can be used for capital projects in relation to municipal waterfront parks, municipal community recreational buildings and spaces, and emergency services and public safety facilities. This money must be used within a period of 5 years from the receipt of funds by the Township. |
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Annual Contribution of $55,000 |
The amenity provision for an annual contribution of $55,000 has been enhanced by requiring that the amount be adjusted annually for any increase in Consumer Price Index for Victoria. |
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Ongoing Liaison Committee |
This provision remains. |
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Height |
Maximum building height, irrespective of use, has been increased from 10 m to 15 m. (15m was previously allowed only if the site was mixed-use.) The maximum 5.0 m height still applies to all buildings located within 20 metres of the High Water Mark. |
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A new grade calculation formula has been added to reflect the fact that the site has been disturbed and it is not practical to determine the original “natural” grade. |
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Front Setback |
In order to allow the building to be moved further away from the High Water Mark, the front setback along Victoria View Road has been reduced from 7.5 m to 5.75 m for all buildings. Also, the main building cannot be set back more than 6.25 m from the Front Lot Line. |
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Setbacks for generators and other appurtenances. |
In order to remove the generators from the roof of the building, they have been relocated to the front yard near the proposed location for the transformers and switching gear. A provision has been added to the Siting Requirements section to clarify that the setbacks do not apply to the generators, transformers, and other similar structural appurtenances, however they are to be screened from view. |
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Chimney Height |
A provision clarifying that chimneys can project up to 1.5 m from the maximum 15m height, even if that may be more than 1.5m from the highest point on the roof, has been added. |
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Landscape Requirements |
The landscaping requirements for the landscape buffer in the setback between the building and the High Water Mark has been changed from a minimum width of 4.0 m to a minimum width of 4.5 m for 85% of the exterior perimeter retaining wall facing the marine boundary. In addition, the average overall width shall be 5.0 m and the landscaping shall cover a minimum area of 1,250 square metres. |
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Setback from the High Water Mark |
The building setback from the High Water Mark will be 10 metres along the eastern portion of the site as measured from a line parallel to the north property line at a (straight-line) distance of 144 metres from the north property line as shown on Plan EPP36468. The building setback for the rest of the site will be 7.5 m from the High Water Mark. The increased setback was to allow additional landscaping and screening along the marine boundary. |
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Landscape Screening |
The existing Zoning requires that, “The landscaping shall be of sufficient quality and quantity as to completely obliterate any view of a wastewater treatment plant building and tanks from the marine environment.” The proposed zoning only requires that the “landscaping shall be of sufficient quality and quantity as to contribute to the screening of a wastewater treatment plant building and tanks from the marine environment.” |
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Landscape Buffer for Front and Side Setbacks. |
The current zoning requires that a 2.5 m wide landscape buffer be located in the front and all side setbacks. It is not possible to locate the 2.5 m wide landscape buffer within the setback so a provision has been added that: “A landscape buffer a minimum width of 5.0 metres shall be located at or adjacent to the north property lines of the site, which buffer may be located on adjacent lands.” |
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Retaining wall height and horizontal separation. |
Sections 22 (1) and (2) of the Zoning Bylaw govern the maximum height and minimum horizontal separation distance for retaining walls. In order to provide sea wall protection and more soil for landscaping and screening, the retaining walls on this site do not meet these requirements, therefore, provisions are included in the proposed amendments that render Sections 22 (1) and (2) “not applicable” to this site. |
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Parking |
Based on the results of a parking study, 18 parking stalls are required. However, the proposed amendments will only require a minimum of 2 and a maximum of four parking stalls on site and will prevent any parking stalls from being located in the setback areas of the High Water Mark. Current plans show additional parking spaces on Victoria View Road. The Capital Regional District advises that it is committed to reducing green house gas emissions. One way to encourage this is by limiting the number of parking stalls. This puts the Capital Regional District in the position of choosing between using demand management to reduce the demand for parking and thus contributing to a reduction in green house gas emissions or using supply management and increasing the number of parking stalls and hence the number of vehicles and the concomitant green house gas emissions. |
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Changing Zoning Designation from Marine Navigation [M-4] Zone to McLoughlin Point Special Use [I-3] Zone |
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Rezoning Remnant Pieces of Land |
Two small pieces of land that now form part of the McLoughlin Point site need to be rezoned from Marine Navigation [M-4] Zone to McLoughlin Point Special Use [I-3] Zone. These changes then have to be made to the zoning map. |
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Updating Section 63 (1) (d) in the Marine Navigation [M-4] Zone |
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Updating Legal Reference |
A new plan has been registered for the McLoughlin Point site which necessitates an amendment to the legal description found in Section 63 (1) (d) of the Zoning Bylaw. This amendment is administrative in nature. |
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Updating the Definitions of “Sewage Pumping Station” and “Sewage Screening Facility” |
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The definitions of “Sewage Pumping Station” and “Sewage Screening Facility” are amended by adding wording that adds clarity and certainty to these two definitions in order to avoid any issues of interpretation in the future. |
Advisory Planning Commission
The Advisory Planning Commission reviewed the project at their January 17, 2017 meeting. The Advisory Planning Commission passed the following motion:
That the Esquimalt Advisory Planning Commission recommends that the “Zoning Bylaw, 1992, No. 2050, Amendment Bylaw No. 2888” being a bylaw to amend the McLoughlin Point Special Use [I-3] zone for the Core Area Waste Water Treatment Plant be forwarded to Council with a recommendation of approval with the following condition:
That the applicant:
1. Provide information and studies regarding the truck traffic in lieu of barging be provided to Council in a timely manner.
The reason: The proposal seems like the best value and is a reasonable exchange for the amenities.
That the main motion be amended, recommending approval with the condition that the traffic route analysis be included with the Staff Report that is submitted to Council. The motion Carried
The vote was taken on the amended main motion. The Motion Carried
Consistency with the Official Community Plan
Schedule D of the Official Community Plan designates McLoughlin Point for “Sewage or Waste Treatment”. The proposed zoning amendment is consistent with this designation.
In addition, Section 2.4.5 (a) of the Official Community Plan states:
This plan recognizes the provincial prerogative under the Environmental Management Act, and seeks to facilitate a variety of high technology, industrial, institutional, business and professional mixed uses of impeccable design and cohesive operation, preferably with public access primarily for educational purposes, to showcase the development and proposed sewage treatment plant to the community and world, particularly given the prominence of McLoughlin Point as the entrance to Victoria Harbour.
While the proposed wastewater treatment plant does not incorporate mixed uses, the proposed amendments to the Zoning Bylaw do not preclude such uses in the future. The proposed development does include an education centre with controlled public access.
Section 2.4.5 (b) of the Official Community Plan states:
The Township and proponents may consider and implement (as appropriate) the full breadth of statutory planning tools under the Local Government Act and Community Charter, as well as any other authority or agreement, to further the attributes of and achieve a place of prominence for this unique site, including to implement promises of the proponent(s), achieve high quality design and/or secure amenities for the community.
The proposed Zoning Bylaw amendment takes advantage of the density-bonusing-for-amenity provisions in the Local Government Act. In addition, the Township and the Capital Regional District are proposing to enter into three (3) different agreements.
Finally, the Regional Context Statement in the Official Community Plan, states in part that:
The Township’s outstanding natural amenity - its saltwater shoreline - is of regional significance and will be carefully protected through the municipality’s land use and regulatory measures, while allowing for access and enjoyment by the region’s residents and visitors.
Increasing the building’s setback to 10.0 m from the previous proposal put forward by the Capital Regional District which would have seen a small portion of the plant set back only two (2) metres from the High Water Mark significantly increases the amount of shoreline that is able to be landscaped and left as open space. Although access will be strictly controlled, it is anticipated that the public will be able to access educational programs and tours on the site. In addition, a large observation deck will allow visitors an opportunity to observe the shoreline. It is ultimately up to Council to determine if Bylaw 2888 is consistent with the relevant sections of the Official Community Plan.
Host Community Impact 5-Year Agreement (Appendix “C”)
The Host Community Impact 5-Year Agreement provides further details about how the various amenities will be managed and implemented. The Agreement is based on the premise that there will be significant direct and indirect impact on the community due to the presence of the Wastewater Treatment Plant within it boundaries and on the Project Lands. Specifically, the Agreement deals with the following matters:
1) The term of the Agreement is five (5) years;
2) There will be extensive management of traffic including a Traffic Management Plan (the first version of this is provided in Appendix “F”, but has yet to be approved by the Township; it is under review by staff), mandatory monitoring and reporting of traffic by the Capital Regional District, and strict enforcement;
3) The parties acknowledge that LEED Gold Certification is governed by a body beyond the control of the Capital Regional District;
4) Odour reducing technology will be incorporated into the wastewater treatment plant in order to ensure that odour levels do not exceed five (5) odour units at the property line. If there is a breach of this standard, the Capital Regional District is obligated to deal with it expeditiously.
5) The Capital Regional District acknowledges that the property is in a development permit area and therefore subject to a development permit approval process;
6) The Capital Regional District shall repair all roads damaged by the construction traffic to a condition equal to or better than the condition that existed prior to construction;
7) Details about how the air quality improvements for the four schools referred to in section 55(2)(b)(3) will be conducted;
8) A commitment by the Capital Regional District to upgrade the fire hydrants as part of the water service upgrade to the wastewater treatment plant;
9) A provision that the Township can request that the Capital Regional District install utility conduits in association with road excavations in connection with the construction of the wastewater treatment plant;
10) Provision of “traffic integration amenities” such as traffic calming and bike lane improvements on roads between Lampson Street and Esquimalt Road and the Project Lands that are materially affected by the construction of the wastewater treatment plant;
11) Provision for $950,000.00 of improvements to Lyall Street and other local streets;
12) Requirements that the public will not have access to a future public waterfront walkway unless it is connected to a public walkway providing public access from one or more boundaries of the Project Lands;
13) Clarification that the $100,000.00 for public art includes historical interpretive signage;
14) A commitment from the Capital Regional District to investigate the possibility of moving its works yard out of Macaulay Point. The Township will assist by providing office space and 2 parking spaces in its emergency services and public safety facilities (but not for a new works yard);
15) A provision that the Capital Regional District will allow access to the meeting room and interpretive space on weekends and evenings when booked through the Capital Regional District;
16) Details about how the $17,000,000.00 McLoughlin Point Amenity Reserve Fund is to be allocated:
a. $7,000,000.00 to be used by the Township for the improvement of the waterfront parks;
b. $5,000,000.00 to be used for the addition or improvement of public and/or community space within recreation facilities in the Township; and
c. $5,000,000.00 for the construction, addition or improvement of emergency services and public safety facilities within the Township.
Community Impact Mitigation & Operating Agreement (Appendix “D”)
The Community Impact Mitigation & Operating Agreement acknowledges that the Township will experience a wide range of impacts due to the presence of the wastewater treatment plant within its boundaries on an ongoing basis. In recognition of the corporate social responsibility to address these ongoing impacts, the agreement makes provisions for the following:
1) An annual Community Impact Mitigation Fee of $55,000.00 adjusted annually to reflect the increase, if any, in the Consumer Price Index for Victoria, British Columbia;
2) The term of the agreement is from January 1, 2017 until such time as the wastewater treatment plant is replaced or decommissioned;
3) Details about the governance of the Liaison Committee;
4) Acknowledgement by the Capital Regional District that no lands within the Township will be used for a biosolids treatment facility;
5) A requirement that the Capital Regional District investigate and remediate any odour issues expeditiously and in good faith;
6) An acknowledgement by the Capital Regional District that if the capacity of the plant is increased beyond 108 million litres per day Average Dry Weather Flow, they will need to apply for an amendment to the Zoning Bylaw;
7) A dispute resolution process; and
8) General legal provisions normally associated with legal agreements.
Amenity Reserve Fund Administration Agreement (Appendix “E”)
This agreement contains details about how the $17,000,000.00 Amenity Reserve Fund is to be administered.
Traffic Management Plan (Appendix “F”)
Harbour Resource Partners has submitted a Traffic Management Plan that deals with the following:
1) Traffic segregation and routing;
2) Signage;
3) Staging areas;
4) Hours of work;
5) Noise and dust mitigation;
6) Restrictions;
7) Reporting; and
8) Risk identification.
It is proposed that the traffic be segregated into the following three streams:
1) Truck traffic which includes concrete trucks, over-size loads, rebar deliveries, gravel trucks, equipment and material deliveries on flat-bed trucks, cube vans, light vehicles, etc.
2) Daily Workforce Traffic such as light vehicles, small busses/shuttles, etc.
3) DND Laydown to Plant site includes trucks and light vehicles that will travel between the DND laydown site and the plant construction site.
The report contains an analysis of alternative routes for both the truck traffic and the workforce traffic. The analysis indicates that Head Street is the preferred route for truck traffic. Lampson Street has been identified as the preferred route for workforce traffic.
Statutory Right of Way (To be submitted as a late item)
This agreement gives the Township the authority to construct a public pedestrian walkway in the future, when there is a connection from the Project Lands available to connect to.
ISSUES:
1. Rationale for Selected Option
The Capital Regional District has selected McLoughlin Point as the site for the Core Area Liquid Waste Management Plant. Through the iterative design process, it became apparent that a better plant design and the addition of tertiary treatment could be achieved by amending some of the zoning regulations affecting building height, parking and loading space requirements, landscaping requirements, retaining wall requirements and setbacks, and by reducing the land uses on site at this time (Appendix “G”). Together, the revised amenity provisions and zoning regulations have been consolidated into a Zoning Bylaw Amendment Bylaw, namely Bylaw No. 2888 for Council’s consideration. It is the position of staff that the proposed amendments reflect a more appropriate amenity package for the Township than what is contained in the current McLoughlin Point Special Use [I-3] Zone and that the proposed amendments to the zoning regulations allow the plant to be set back 10 m from the High Water Mark resulting in a more appropriate spatial relationship between the waters of Victoria Harbour and the plant.
2. Organizational Implications
Negotiating the various agreements, examining various plans, and reviewing proposed amendments to the Zoning Bylaw has consumed an inordinate amount of staff time. Should Council adopt the proposed Zoning Bylaw amendments and the accompanying agreements, it is anticipated that significant amounts of staff time will be required to conduct a robust public consultation process to identify the community’s wishes with regard to the use of the $17,000,000 amenity package. In addition, there will be a number of permit processes related to the upgrading of the Macaulay Pump Station.
3. Financial Implications
Details of the financial implications are found in the attached agreements.
4. Sustainability & Environmental Implications
The operations and maintenance portion of the building will be LEED ® Gold Certified. In addition, by only requiring two to four parking stalls on-site, the Capital Regional District has an opportunity to implement demand management transportation policies which generally lead to reduced greenhouse gas emissions from motor vehicles powered by fossil fuels.
Issues related to potential flooding, tsunami and other hazards will be addressed at the Building Permit stage through the certified report of a qualified professional that the land may be used safely for the use intended, along with a Covenant with Indemnity under section 56 of the Community Charter.
5. Communication & Engagement
A statutory public hearing will be required for Bylaw No. 2888. The public will also be allowed to comment on the three accompanying agreements, and the draft statutory right of way.
If Council adopts the bylaw, a robust consultation process will be undertaken to get ideas from the Township’s residents about how they would like to spend the $17,000,000 in a manner that respects the conditions on expenditures identified in the amenity agreements.
ALTERNATIVES:
I Staff recommendation:
1) That Council give first and second readings of ZONING BYLAW, 1992, NO. 2050, AMENDMENT BYLAW NO. 2888 being a bylaw to:
(a) Amend portions of Section 55 McLoughlin Point Special Use [I-3] Zone;
(b) Change the designation from Marine Navigation [M-4] Zone to McLoughlin Point Special Use [I-3] Zone of certain portions of the McLoughlin Point property;
(c) Change the Zoning Map to reflect the changes in zoning classification;
(d) Update the Marine Navigation [M-4] Zone to reflect the updated legal description for McLoughin Point; and
(e) Update the definitions of "Sewage Pumping Facility" and "Sewage Screening Facility";
2) That Council authorizes the Corporate Officer to schedule a Public Hearing on February 20, 2017 for Zoning Amendment Bylaw No. 2888, send mail notices and advertise for same in the local newspaper;
3) That Council authorize the Corporate Officer to include in the Public Hearing notices and advertisement a statement indicating that Council will also accept comments from the public regarding the proposed Host Community Impact 5-Year Agreement, the Community Impact Mitigation & Operating Agreement, the Amenity Reserve Fund Administration Agreement, and the Statutory Right of Way for future trail during the Public Hearing; and
4) That prior to consideration of adoption, the Capital Regional District execute the Host Community Impact 5-Year Agreement, the Community Impact Mitigation & Operating Agreement, and the Amenity Reserve Fund Administration Agreement in substantially the same form as presented at Public Hearing.
II Alternative:
That Council request that staff continue to negotiate for alternative amenities or zoning regulations