Cumberland BC: The Cumberlander Articles Section
Uncategorized · 11th February 2008
Editor
Dwayne, following last Mondays Public Information Meeting, based on comments from members of the public, the Village has prepared revised draft Conditions of 3rd Reading.
The wording of Clause F.3 has been revised slightly from the earlier version of the draft.
A copy of the revised draft Conditions is available at the Municipal Office and copies will be available at the Public Hearing on Feb 12th. A copy is attached for your information. Thanks, Anja
Anja Nurvo
Chief Administrative Officer
Village of Cumberland
tel: 250-336-2291 ext 230
fax: 250-336-2321
_____________
CONDITIONS FOR 3RD READING FOR OCP AND REZONING BYLAWS FOR TRILOGY PROPERTIES VI CORPORATIONíS LOTS 4, 6, 8B & 9B
(dated February 8, 2008)
WHEREAS Trilogy Properties VI Corporation (ėTrilogyî) has made applications to the Corporation of the Village of Cumberland (ėCumberlandî), which will require OCP amendments and rezoning of its properties known as Lots 4, 6, 8B & 9B (ėthe Lotsî), and Cumberland requires Trilogy to fulfill the conditions outlined in this resolution to ensure that the adoption of the required Bylaws is in the public interest;
AND WHEREAS Trilogy, in addition to the conditions outlined, will be required to make application for subdivision(s) and development permit(s) as required by Cumberland and the Local Government Act in order to accommodate the proposed development on the Lots and nothing in this resolution implies or exempts Trilogy from making these applications;
AND WHEREAS the detailed conditions that may be required by Cumberland relating to Trilogyís applications for subdivision and/or development permits will be dealt with at that time;
AND WHEREAS Trilogy shall be required to execute a Comprehensive Development Agreement with Cumberland in the form of a restrictive covenant prohibiting development or subdivision of the lands until Trilogy has satisfied the following conditions;
NOW THEREFORE the Council of the Corporation of the Village of Cumberland give third reading of ėThe Corporation of the Village of Cumberland Zoning Amendment Bylaw No. 846, 2006î, ėThe Corporation of the Village of Cumberland Zoning Amendment Bylaw No. 847, 2006î, ėThe Corporation of the Village of Cumberland Official Community Plan Amendment Bylaw No. 851, 2006î, ėThe Corporation of the Village of Cumberland Zoning Amendment Bylaw No. 852, 2006î, and The Corporation of the Village of Cumberland Zoning Amendment Bylaw No. 871, 2007, subject to the following requirements which must be completed prior to final adoption or be addressed in a comprehensive development agreement entered into between Cumberland and Trilogy:
A. WATER
Cumberland has identified a shortage of water and before further development initiatives are approved, additional storage or other supply of water from separate sources is required in the watershed. Prior to 4th reading of the Bylaws, the shortage of water supply shall be satisfied and the following requirements must be met:
Cumberland must have sufficient funds for the provision of additional storage in the watershed.
All design and construction must meet the requirements of Cumberland's Engineer.
Any payments by Trilogy for the work outlined, as above, shall be deducted from appropriate development cost charges payable to Cumberland when the lands are developed and the work to be done has been included in the new Development Cost Charges Bylaw.
Trilogy may pursue alternative sources for the provision of water, subject to the approval of Cumberlandís Engineer.
All other off site water works required to meet the development shall be designed and constructed as approved by Cumberland's Engineer.
Cumberland will work co-operatively with Trilogy to obtain any approvals required from Regulatory Authorities.
B. SEWAGE TREATMENT AND DISPOSAL
Cumberland is proceeding with a liquid waste management plan and improvements to its existing central sewage treatment, disposal facility and separation of storm water from the combined sewerage system, and further development approvals will be dependent on the capacity and the design and construction of these works. To accommodate further development of the Lots, the following requirements must be met:
Cumberland must have secured sufficient funds for the upgrade of the sewage treatment and disposal facilities and separation of storm water from the combined sewerage system.
All design and construction work must meet the requirements of and be to the satisfaction of Cumberland's Engineer.
Any payment by Trilogy outlined in 1 and 2 above would be deducted from appropriate development cost charges payable to Cumberland when the Lots are developed. Upgrade works must be included in new Development Cost Charges Bylaw.
Provide to the satisfaction of Cumberland's Engineer design and construction of new/upgraded sewer lines and related facilities to be built off-site but required to serve the Lots.
Appropriate development cost charge credits will be given for the sewage construction works that are included in the new Development Cost Charges Bylaw.
The attached Private/Public Water and Sewage Systems Policy would apply to Trilogy's proposed development.
C. HIGHWAYS
Cumberland is concerned about the impact of any large development on Cumberland's highway infrastructure and to accommodate further development of the Lots, the following requirements must be met:
Prepare a traffic impact study, to the satisfaction of Cumberland's Engineer, assessing traffic flows, number of vehicles, fire access etc. and identify any additional roads or upgrades to highways required off-site, as the result of the development of all the lands.
Show incremental/cumulative impacts of the phased development of the entire site and identify which works are required with each phase to the satisfaction of Cumberland's Engineer.
Cumberland may include all or a portion of the off-site highway works in its new Development Cost Charges Bylaw and development cost charge credits will be given for the works constructed by Trilogy, which are included in the Development Cost Charges Bylaw.
D. STORMWATER MANAGEMENT
Prepare storm water management studies to show how storm water is to be managed on the whole of the development and incremental/cumulative impacts of the phased development of the entire site and identify which works are required with each phase to the satisfaction of Cumberland's Engineer.
2. Design and construct all off-site works required to the satisfaction of Cumberland's Engineer.
3. Cumberland may include all or a portion of the off-site works in its new Development Cost Charges Bylaw and appropriate development cost charge credits will be given for the works constructed by Trilogy, which are included in the new Development Cost Charges Bylaw.
E. PARKS/TRAILS/ENVIRONMENTAL
Cumberland is concerned about the condition of its natural environment and parks and requires that Trilogy prepare an Environmental Review and Parks and Trails Plan to the satisfaction of Cumberland, and the following requirements must be met:
The Parks and Trails Plan will show the standards for trail development and their connections within each phase of the development and with the rest of the Community.
All Parks/Environmental Studies must demonstrate how the General Environmental, General Open Space and Residential Mix Use performance standards of section 4 of the OCP are being met.
There shall be a listing of all parks/environmental areas and trails that are beyond the 5% parks requirement of the Local Government Act that need to be protected and dedicated or other method of protection, to the satisfaction of Cumberland.
In the case of payment of development cost charges for parks, Trilogy will be given an appropriate credit for any park areas or parks developments that are beyond the 5% requirement of the Local Government Act and that have been included in the new Development Cost Charges Bylaw.
F. AMENITIES
Cumberland wishes to ensure that it proceeds in the public interest and the community is protected and has identified the development of certain amenities, as a priority and Trilogy may meet Cumberland's amenity requirements as follows:
The provision of a total payment of $4.5 million to Cumberland for amenity priorities for the rezoning and OCP amendments for all of Trilogyís lands, being Lots 2, 3, 4, 5, 6, 8A, 8B, 9A, 9B, 10 and 11, shall be required and may be paid in installments relative to the time of rezoning of the Lots.
Of the $4.5 million amenity payment agreed to in the above clause F.1 for the rezoning and OCP amendment of all of Trilogyís lands, $2.5 million shall be payable prior to 4th reading of the rezoning and OCP amendment Bylaws for Lots 4, 6, 8B & 9B.
Cumberland may contribute $1 million from the amenity contribution towards the cost of providing the additional storage capacity in the watershed.
G. SHARING OF COSTS FOR WATER & SEWAGE TREATMENT AND DISPOSAL
Cumberland will consider entering into an agreement with others and Trilogy to share the costs of the required upgrades of the water storage and sewage treatment and disposal systems on the basis of a ratio between potential number of units in each development, with Cumberland determining the ratio of units.
H. COMPREHENSIVE DEVELOPMENT AGREEMENT
Cumberland requires that a Comprehensive Development Agreement, which includes the conditions outlined in this Resolution be finalized and registered against all Lots, before any OCP or Rezoning By-Laws are finally adopted in 4th and final reading.
The wording of Clause F.3 has been revised slightly from the earlier version of the draft.
A copy of the revised draft Conditions is available at the Municipal Office and copies will be available at the Public Hearing on Feb 12th. A copy is attached for your information. Thanks, Anja
Anja Nurvo
Chief Administrative Officer
Village of Cumberland
tel: 250-336-2291 ext 230
fax: 250-336-2321
_____________
CONDITIONS FOR 3RD READING FOR OCP AND REZONING BYLAWS FOR TRILOGY PROPERTIES VI CORPORATIONíS LOTS 4, 6, 8B & 9B
(dated February 8, 2008)
WHEREAS Trilogy Properties VI Corporation (ėTrilogyî) has made applications to the Corporation of the Village of Cumberland (ėCumberlandî), which will require OCP amendments and rezoning of its properties known as Lots 4, 6, 8B & 9B (ėthe Lotsî), and Cumberland requires Trilogy to fulfill the conditions outlined in this resolution to ensure that the adoption of the required Bylaws is in the public interest;
AND WHEREAS Trilogy, in addition to the conditions outlined, will be required to make application for subdivision(s) and development permit(s) as required by Cumberland and the Local Government Act in order to accommodate the proposed development on the Lots and nothing in this resolution implies or exempts Trilogy from making these applications;
AND WHEREAS the detailed conditions that may be required by Cumberland relating to Trilogyís applications for subdivision and/or development permits will be dealt with at that time;
AND WHEREAS Trilogy shall be required to execute a Comprehensive Development Agreement with Cumberland in the form of a restrictive covenant prohibiting development or subdivision of the lands until Trilogy has satisfied the following conditions;
NOW THEREFORE the Council of the Corporation of the Village of Cumberland give third reading of ėThe Corporation of the Village of Cumberland Zoning Amendment Bylaw No. 846, 2006î, ėThe Corporation of the Village of Cumberland Zoning Amendment Bylaw No. 847, 2006î, ėThe Corporation of the Village of Cumberland Official Community Plan Amendment Bylaw No. 851, 2006î, ėThe Corporation of the Village of Cumberland Zoning Amendment Bylaw No. 852, 2006î, and The Corporation of the Village of Cumberland Zoning Amendment Bylaw No. 871, 2007, subject to the following requirements which must be completed prior to final adoption or be addressed in a comprehensive development agreement entered into between Cumberland and Trilogy:
A. WATER
Cumberland has identified a shortage of water and before further development initiatives are approved, additional storage or other supply of water from separate sources is required in the watershed. Prior to 4th reading of the Bylaws, the shortage of water supply shall be satisfied and the following requirements must be met:
Cumberland must have sufficient funds for the provision of additional storage in the watershed.
All design and construction must meet the requirements of Cumberland's Engineer.
Any payments by Trilogy for the work outlined, as above, shall be deducted from appropriate development cost charges payable to Cumberland when the lands are developed and the work to be done has been included in the new Development Cost Charges Bylaw.
Trilogy may pursue alternative sources for the provision of water, subject to the approval of Cumberlandís Engineer.
All other off site water works required to meet the development shall be designed and constructed as approved by Cumberland's Engineer.
Cumberland will work co-operatively with Trilogy to obtain any approvals required from Regulatory Authorities.
B. SEWAGE TREATMENT AND DISPOSAL
Cumberland is proceeding with a liquid waste management plan and improvements to its existing central sewage treatment, disposal facility and separation of storm water from the combined sewerage system, and further development approvals will be dependent on the capacity and the design and construction of these works. To accommodate further development of the Lots, the following requirements must be met:
Cumberland must have secured sufficient funds for the upgrade of the sewage treatment and disposal facilities and separation of storm water from the combined sewerage system.
All design and construction work must meet the requirements of and be to the satisfaction of Cumberland's Engineer.
Any payment by Trilogy outlined in 1 and 2 above would be deducted from appropriate development cost charges payable to Cumberland when the Lots are developed. Upgrade works must be included in new Development Cost Charges Bylaw.
Provide to the satisfaction of Cumberland's Engineer design and construction of new/upgraded sewer lines and related facilities to be built off-site but required to serve the Lots.
Appropriate development cost charge credits will be given for the sewage construction works that are included in the new Development Cost Charges Bylaw.
The attached Private/Public Water and Sewage Systems Policy would apply to Trilogy's proposed development.
C. HIGHWAYS
Cumberland is concerned about the impact of any large development on Cumberland's highway infrastructure and to accommodate further development of the Lots, the following requirements must be met:
Prepare a traffic impact study, to the satisfaction of Cumberland's Engineer, assessing traffic flows, number of vehicles, fire access etc. and identify any additional roads or upgrades to highways required off-site, as the result of the development of all the lands.
Show incremental/cumulative impacts of the phased development of the entire site and identify which works are required with each phase to the satisfaction of Cumberland's Engineer.
Cumberland may include all or a portion of the off-site highway works in its new Development Cost Charges Bylaw and development cost charge credits will be given for the works constructed by Trilogy, which are included in the Development Cost Charges Bylaw.
D. STORMWATER MANAGEMENT
Prepare storm water management studies to show how storm water is to be managed on the whole of the development and incremental/cumulative impacts of the phased development of the entire site and identify which works are required with each phase to the satisfaction of Cumberland's Engineer.
2. Design and construct all off-site works required to the satisfaction of Cumberland's Engineer.
3. Cumberland may include all or a portion of the off-site works in its new Development Cost Charges Bylaw and appropriate development cost charge credits will be given for the works constructed by Trilogy, which are included in the new Development Cost Charges Bylaw.
E. PARKS/TRAILS/ENVIRONMENTAL
Cumberland is concerned about the condition of its natural environment and parks and requires that Trilogy prepare an Environmental Review and Parks and Trails Plan to the satisfaction of Cumberland, and the following requirements must be met:
The Parks and Trails Plan will show the standards for trail development and their connections within each phase of the development and with the rest of the Community.
All Parks/Environmental Studies must demonstrate how the General Environmental, General Open Space and Residential Mix Use performance standards of section 4 of the OCP are being met.
There shall be a listing of all parks/environmental areas and trails that are beyond the 5% parks requirement of the Local Government Act that need to be protected and dedicated or other method of protection, to the satisfaction of Cumberland.
In the case of payment of development cost charges for parks, Trilogy will be given an appropriate credit for any park areas or parks developments that are beyond the 5% requirement of the Local Government Act and that have been included in the new Development Cost Charges Bylaw.
F. AMENITIES
Cumberland wishes to ensure that it proceeds in the public interest and the community is protected and has identified the development of certain amenities, as a priority and Trilogy may meet Cumberland's amenity requirements as follows:
The provision of a total payment of $4.5 million to Cumberland for amenity priorities for the rezoning and OCP amendments for all of Trilogyís lands, being Lots 2, 3, 4, 5, 6, 8A, 8B, 9A, 9B, 10 and 11, shall be required and may be paid in installments relative to the time of rezoning of the Lots.
Of the $4.5 million amenity payment agreed to in the above clause F.1 for the rezoning and OCP amendment of all of Trilogyís lands, $2.5 million shall be payable prior to 4th reading of the rezoning and OCP amendment Bylaws for Lots 4, 6, 8B & 9B.
Cumberland may contribute $1 million from the amenity contribution towards the cost of providing the additional storage capacity in the watershed.
G. SHARING OF COSTS FOR WATER & SEWAGE TREATMENT AND DISPOSAL
Cumberland will consider entering into an agreement with others and Trilogy to share the costs of the required upgrades of the water storage and sewage treatment and disposal systems on the basis of a ratio between potential number of units in each development, with Cumberland determining the ratio of units.
H. COMPREHENSIVE DEVELOPMENT AGREEMENT
Cumberland requires that a Comprehensive Development Agreement, which includes the conditions outlined in this Resolution be finalized and registered against all Lots, before any OCP or Rezoning By-Laws are finally adopted in 4th and final reading.
(Trilogy_Conditi
ding_Draft2.doc)