Regular Meeting of Council
Regular Meeting of Council
Council Members:
Mayor Mike Little
Councillor Jordan Back
Councillor Mathew Bond
Councillor Megan Curren
Councillor Betty Forbes
Councillor Jim Hanson
Councillor Lisa Muri
www.dnv.org
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District of North Vancouver
355 West Queens Road,
North Vancouver, BC, Canada V7N 4N5
604-990-2311
www.dnv.org
7:00 p.m.
Monday, May 9, 2022
Council Chamber, Municipal Hall,
355 West Queens Road, North Vancouver
Watch at https://dnvorg.zoom.us/j/67910218298
AGENDA
Recommendation:
THAT the agenda for the May 9, 2022 Regular Meeting of Council for the District of
North Vancouver is adopted as circulated, including the addition of any items listed in
the agenda addendum.
2. PUBLIC INPUT
3. RECOGNITIONS
4. DELEGATIONS
5. ADOPTION OF MINUTES
Recommendation:
THAT the minutes of the March 21, 2022 Regular Council meeting are adopted.
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8. REPORTS FROM COUNCIL OR STAFF
With the consent of Council, any member may request an item be added to the Consent
Agenda to be approved without debate.
If a member of the public signs up to speak to an item, it shall be excluded from the Consent
Agenda.
Recommendation:
THAT items are included in the Consent Agenda and be
approved without debate.
Recommendation:
THAT “Tax Rates Bylaw 8569, 2022” is ADOPTED.
Recommendation:
THAT the 2021 Audited Consolidated Financial Statements of the District of North
Vancouver are considered and approved.
THAT the 2021 Audited Financial Statements of the North Vancouver Recreation &
Culture Commission are considered and approved.
8.3. Filing under the Financial Information Act – 2021 Statement of Financial p.87-153
Information (SOFI)
File No. 05.1760
Recommendation:
THAT the 2021 Statement of Financial Information (SOFI) of the District of North
Vancouver is approved.
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Report: Manager, Financial Services, April 28, 2022
Recommendation:
THAT the report Council Remuneration and Expenses Paid During 2021 is approved.
8.5. Extension of Temporary Outdoor Business Areas to March 31, 2023 p.157-162
Covid-19 Recovery
File No. 08.3170.20/513.000
Recommendation:
THAT “Fees and Charges Bylaw 6481, 1992 Amendment Bylaw 8581,
2022 (Amendment 80)” is given FIRST, SECOND and THIRD Readings.
8.6 Housing Options for Single Family Neighbourhoods: Public Engagement p.163-219
File No. 13.6440.20/000.000
Recommendation:
THAT staff are directed to initiate engagement on secondary suite size regulations
and incentives and report back to Council on engagement results, along with
recommendations for changes to the secondary suite program for Council’s
consideration;
AND THAT staff are directed to initiate engagement on priority sensitive infill housing
types and report back to Council on engagement results, along with the
recommendations for future policy work for Council’s consideration;
AND THAT staff are directed to initiate engagement on short-term rental regulations
and report back to Council on engagement results, along with recommendations for
a regulatory framework for Council’s consideration.
Recommendation:
THAT Development Variance Permit 10.22 for a retaining wall and fence at 125
Kensington Crescent is ISSUED.
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8.7.1 Neighbourhood Response to Development Variance Permit 10.22 Being
Considered May 9, 2022 (152 Kensington Cres)
File No. 08.3060.20/010.22
8.8 Bylaw 8568 – Rezoning from Public House Commercial (C6) to p.241-256
Employment Zone – Light Industrial (EX-LI) at 1970 Spicer Road
File No. 08.3060.20/013.22
Recommendation:
THAT “District of North Vancouver Rezoning Bylaw 1418 (Bylaw 8568)” is given
FIRST Reading;
8.9 Bylaws 8573, 8574, 8575, 8576, and 8577: Rezoning and Housing Agreements p.257-378
for a Mixed-Use Development at 2050 - 2070 Marine Drive and an Unaddressed
Lot
File No. 08.3060.20/037.18
Recommendation:
THAT “District of North Vancouver Rezoning Bylaw 1419 (Bylaw 8573)” is
given FIRST Reading;
AND THAT “Housing Agreement Bylaw 8574, 2022 (2050 Marine Drive –
Market Rental Housing)” is given FIRST Reading;
AND THAT “Housing Agreement Bylaw 8575, 2022 (2050 Marine Drive –
Non-Market Rental Housing)” is given FIRST Reading;
AND THAT “Housing Agreement Bylaw 8576, 2022 (2050 Marine Drive – No
Rental Restrictions – North Site)” is given FIRST Reading;
AND THAT “Housing Agreement Bylaw 8577, 2022 (2050 Marine Drive – No
Rental Restrictions – South Site)” is given FIRST Reading;
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AND THAT Bylaw 8573 is referred to a Public Hearing.
9. REPORTS
9.1. Mayor
9.3. Councillors
10. ADJOURNMENT
Recommendation:
THAT the May 9, 2022 Regular Meeting of Council for the District of North Vancouver is
adjourned.
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8
MINUTES
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5.1
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12
13
14
15
16
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18
REPORTS
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8.1
AGENDA INFORMATION
RECOMMENDATION:
THAT ''Tax Rates Bylaw 8569, 2022" is ADOPTED.
BACKGROUND:
Bylaw 8569 received First, Second and Third Readings on April 25 th 2022.
OPTIONS:
1. Adopt the bylaw;
2. Give no further Readings to the bylaw and abandon the bylaw at Third Reading ; or,
3. Rescind Third Reading, debate possible amendments to the bylaw.
Genevieve La
Deputy Municipal Clerk
Attachments:
1. Bylaw 8569
2. Staff Report dated April 21 st , 2022
REVIEWED WITH:
22 Document: 563944 1
IATT ACHMENT-----1
The Corporation of the District of North Vancouver
Bylaw 8569
The Council for The Corporation of the District of North Vancouver enacts as follows:
Citation
2. The following tax rates are imposed for 2022 on the taxable land and improvements
as set out in the assessment roll :
a) for all lawful general purposes of the municipality on the assessed value of land
and improvements taxable for general municipal purposes, rates appearing in
column "A" of the Schedule A attached hereto and forming a part hereof;
b) for provision of the monies required in 2022 under bylaws of the municipality to
meet payments of interest and principal of debts incurred for which other
provision has not been made, on the assessed value of land and improvements
taxable for general municipal purposes, rates appearing in column "B" of
Schedule A attached hereto and forming a part hereof; and,
c) for provision of the municipality's appropriate share of the monies required for
Regional District purposes for the year 2022, for expenditures of the Metro
Vancouver Regional District on the assessed value of land and improvements
taxable for hospital purposes, rates appearing in column "C" of Schedule A
attached hereto and forming a part hereof.
Document: 5598517
23
ADOPTED
Municipal Clerk
Document: 5598517
24
Schedule A to Bylaw 8569
A B C
Property Class Municipal Municipal Total Metro
General Debt Municipal Vancouver
Regional
District
Document: 5598517
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!ATTACHMENT 1 ]
AGENDA INFORMATION
RECOMMENDATION:
THAT 'Tax Rates Bylaw 8569, 2022" is given FIRST, SECOND, and THIRD Readings.
The following table details the distribution of the tax share to each property class:
2022 2021
Residential 72.1% 72.1%
Utilities 0.2% 0.2%
Major Industry - Non-capped 5.8% 5.8%
Major Industry - Capped 4.0% 4.0%
Light Industry 0.9% 0.9%
Business 16.7% 16.7%
Recreation 0.3% 0.3%
Total 100.0% 100.0%
The District's tax strategy aims at promoting vibrancy and diversification at competitive tax
rates for all classes benchmarked within the Metro Vancouver region. For 2022 rates are lower
than regional averages due to steady increases in property market values and new
construction growth.
9 Document 5613645
27
SUBJECT: Tax Rates Bylaw 8569, 2022
April 21, 2022 Page2
Select small businesses within the region continue to be affected by increased assessment
valuation due to future development potential. The District continues to work with Metro
Vancouver Regional Finance Officers' sub-committees to assess potential policy tools that the
Province could implement to assist in limiting increased taxation impacts caused by current
assessment practices.
POLICY:
Section 165(3.1) of the Community Charter requires five-year financial plans to include speclflc
objectives and tax policy disclosure. The tax strategy is based on tax rate competitiveness
within the Metro Vancouver region working towards sustaining economic development and tax
growth through investment. The strategy continues to sustain an equitable and competitive
taxation environment.
Each year the tax strategy will be re-evaluated in the context of achievements to date and
prevailing economic conditions inclusive of the status of assessment appeals impacting major
industrial land valuations and potential tax loss risks.
Timing/Approval Process:
Adoption of Bylaw is required before May 14, 2022.
Respectfully submitted,
~
Gr
Andy Wardell
General Manager, Finance & CFO
10 Document 5613645
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SUBJECT: Tax Rates Bylaw 8569, 2022
April 21, 2022 Page3
REVIEWED WITH:
D Sustainable Community Dev. D Clerk's Office External Agencies:
□ Development Services D Communications □ Library Board
D Utilities □ Finance □ NS Health
D Engineering Operations D Fire Services □ RCMP
□ Parks □ ITS □ NVRC
D Environment D Solicitor □ Museum & Arch.
□ Facilities □ GIS □ Other.
D Human Resources □ Real Estate
11 Document: 5613645
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8.2
31
SUBJECT: 2021 Audited Financial Statements2021 Audited Financial Statements
April 28, 2022 Page 2
EXISTING POLICY:
Section 9 of BC Reg. 371/93 (Financial Information Act) requires that the annual Audited
Consolidated Financial Statements of the District be approved by Council.
Community Charter Section 167 ( 1) requires that municipal Financial Statements must be
prepared by the Financial Officer and presented to Council for acceptance.
Community Charter Section 170 (2) states "reports submitted by the municipal auditor to a
committee under this section are deemed to have been submitted to Council".
Responsibility for the approval of the Financial Statements of the North Vancouver
Recreation & Culture Commission falls to the District of North Vancouver Council by virtue of
the delegation of the responsibility for the annual audit to the District's Chief Financial Officer.
Under Bylaw 7987 - North Vancouver Recreation Commission Establishing Bylaw, Part 4,
Section 38, the Chief Financial Officer for the District of North Vancouver is the Appointed
Financial Officer responsible for the annual financial audit of the Commission. The approval
of the Financial Statements of the North Vancouver Recreation & Culture Commission is part
of this responsibility.
Community Charter Section 14(2) provides that the municipal powers, duties and functions of
one or more of the participating municipalities may be exercised in relation to the "North
Vancouver Recreation Commission" in another participating municipality. Community
Charter Section 154 requires a Council to approve the Financial Statements of the North
Vancouver Recreation & Culture Commission.
ANALYSIS:
Timing/Approval Process:
The approval of the Audited Consolidated Financial Statements of the District of North
Vancouver is necessary prior to submitting the audited Consolidated Financial Statements to
the Ministry of Municipal Affairs and Housing before May 16, 2022.
Respectfully submitted,
A~:t:~ 4
General Manager, Finance & CFO
32 Document: 5325039
SUBJECT: 2021 Audited Financial Statements2021 Audited Financial Statements
April 28, 2022 Page 3
REVIEWED WITH:
33 Document: 5325039
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34
Attachment 1
April 21 , 2022
File:
RECOMMENDATION:
THAT the 2021 Audited Consolidated Financial Statements-Analysis report be received for
information.
SUMMARY
This report is provided to present information on the District's finances for 2021 , including
highlights on the District's proactive and pivotal response to on-going impacts and changing
conditions resulting from the pandemic.
ANALYSIS
It's been over 2 years since COVID-19 was declared a pandemic by the World Health
Organization so as expected, 2021 has been a year of continuous change. The impact has
been profound and changed our way of life and the community around us. The District and
its partner agencies have proactively managed and complied with all Public Health Orders to
keep everyone safe while continuing to deliver core community services.
Despite the on-going impacts of COVID-19, the District's results from operations were
favourable to the budget due to savings in expenses resulting from reduced activity and
offsetting any revenue shortfall, cost containment efforts, deferred or delayed work, staff
vacancies and stronger than anticipated revenues from permits, golf, film and timing of
developer contributions. Excess funds were set aside and placed in special purpose reserves
to address future costs.
Return to normal activity levels will bring new challenges including a backlog of work, higher
demand for scarce products and surging commodity prices. Maintaining our stable long-term
approach to financial planning, responsible leadership and fiscal management will be more
important than ever heading into 2022 as we address these and other new pressures and
aim to implement Council Priorities.
Document: 5591238
35
SUBJECT: 2021 Audited Consolidated Financial Statements Analysis
April 21, 2022 Page 2
Variance Analysis
Highlights from the Consolidated Financial Statements for the District of North Vancouver
("District") for the year ended December 31 , 2021 focus on the:
The District's overall financial position improved by $49.3 million in 2021 with accumulated
surplus totalling $950.0 million (2020 - $900.7 million).
The District's "Net financial assets" is calculated as "Financial assets less Liabilities" and
indicates funds are available for future expenditures. This amount has improved $7.4 million
from 2020. This amount is related primarily to delays in the timing of capital expend itures.
Non-financial assets are the major infrastructure and other assets the District owns. These
assets increased in 2021 by $41.9 million. The increase is the result of both the renewal of
existing assets and new assets offset by disposals and depreciation.
Statement of O~erations
Budget to
Actual
($Millions) 2021 Budget 2021 Variance
Revenues $ 231 .1 $ 251 .1 $ 20.0
Expenses 191 .9 201 .8 (9.9)
Annual surplus $ 39.2 $ 49.3 $ 10.1
Consolidated revenues of $251 .1 million were higher than budgeted revenues of $231 .1
million by $20.0 million mainly due to:
Document: 5591238
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SUBJECT: 2021 Audited Consolidated Financial Statements Analysis
April 21, 2022 Page 3
• Taxation - $0.4 million lower than budgeted due to supplementary roll adjustments
processed to refund taxes.
• Water & Sewer Utilities - $1.4 million lower than budgeted due to lower consumption
by commercial customers possibly due to operations being impacted by the pandemic
and slow to recover to pre-pandemic levels, and lower connection fee revenues.
• Parks, Recreation and Culture - $3.7 million lower due to gradual re-opening of Parks
attractions and recreation facilities with strict public health orders in place requiring
capacity limits, mandatory masks and vaccination checks.
• Other fees and charges - $11 .7 million higher than budgeted due to timing of revenue
recognition for DCC/developer/private funded capital works i.e. $5.7 million
recognized in 2021 for the Lynn Valley Trunk Sewer Main project, greater fees and
permit revenue related to construction activity.
• Transfer from Governments - $9.9 million higher than budgeted due to contributed
assets received from the Ministry of Transportation and Infrastructure (MoTl) as part
of the Lower Lynn Improvements project.
• Investment Income - $0.1 million higher than budgeted due to slightly better rates on
some long term investments.
• Land Sales and Other contributions - $3.8 million higher than budgeted due to
developer contributed assets and the timing around the receipt of these contributions.
Consolidated expenses of $201 .8 million (less depreciation of $21 .5 million), were lower
than budgeted expenses by $11 .6 million. The main variances were due to:
• Parks, Recreation and Culture Services - $6.1 million lower than budgeted costs due
to gradual re-opening of facilities as a result of COVID-19, lower staffing levels,
delayed capital maintenance work and lower operating expenses.
• Water and Sewer Utility Services - $2.6 million lower than budgeted costs due to lower
water purchases from GVRD, deferred capital maintenance work, lower salaries and
other operating expenses.
• Protective Services - $0.3 million lower than budgeted costs due to savings in other
operating expenses offset by current year RCMP retro accrual. Total estimated RCMP
retro accrual of $4.35 million from 2017-2021 has been fully accrued for over the
years.
Document: 5591238
37
SUBJECT: 2021 Audited Consolidated Financial Statements Analysis
April 21, 2022 Page4
• General Government - actual expenses include the depreciation of District assets. The
General Government budget does not include the depreciation of District assets.
Budgets are prepared on a cash basis and include the renewal of assets and new
assets; not the depreciation of assets. As a result, actual General Government
expenses, (excluding depreciation of $21.5 million) are $2.0 million lower than
budgeted costs due to on-going impacts of COVI D-19 including shifting of project
priorities and impacts on the supply chain, use of the BC Safe Restart grant to create
a safe work environment, and lower costs in other areas resulting from the general
slowdown in activity.
• All Other Areas - $0.6 million lower than budgeted due to lower operating expenses,
salaries, consulting / contract for service work related to projects, lower cost allocation
to projects due to delays related to on-going impacts of the pandemic.
Annual Surplus - When adjusted for the $21.5 million depreciation, the District's $49.3
million annual surplus is $70.8 million and exceeds budget ($39.2 million) by $31 .6 million.
• Each year this annual surplus funds the District's capital expenditures. The amended
budget in Note 16 to the financial statements profiles planned capital expenditures for
2021 at $99.5 million. Reserve funds are drawn upon to help fund the plan.
Reserves - The District has a number of reserve funds for specific purposes under bylaw
8418. The bylaw provides a clear purpose for these reserve funds and aligns them with
Council priorities and long term plans. At the end of 2021 , reserve funds totalled $146.5
million which is $8.9 million higher than in 2020 and are primarily reserved for future capital
works.
The District's reserve funds are grouped into four main categories, highlights are as follows:
Document: 5591238
38
SUBJECT: 2021 Audited Consolidated Financial Statements Analysis
April 21 , 2022 Page 5
Operating and Risk Management- provides for the mitigation of risks and enables an
appropriate response to adverse or unplanned events.
• Assessment appeal and property tax reserve was established to fund the impacts
from tax appeals /losses.
• Working capital reserves for the utilities provide for the mitigation of risks related to
these operations.
• The COVID-19 safe restart grant remaining from 2020 was $3.3 million. After applying
the grant to pandemic impacts during 2021 the remaining balance is $0.5 million. It is
anticipated this amount will be drawn upon to mitigate pandemic driven revenue
losses and additional expenses in 2022.
Existing Capital - provides for renewal, replacement and major maintenance of existing
capital assets to maintain service levels and keep the assets in a state of good repair.
New Capital, Initiatives and Growth - support investments in transportation and mobility,
community health and safety, climate mitigation and innovation and to fund financial impacts
as the community grows.
• Tax growth was established to match growth in property tax revenue to related
impacts on services, including on-going costs related to new assets and increased
demand on services.
Land and Housing - provides funding to preserve the value of the District's lands and
support investments in social and supportive housing.
• Land income was established to accumulate income earned from real property for the
purpose of planning, acquiring, and disposing of land and improvements as well as
servicing and other activities which improve land value.
Equity in tangible capital assets - represents District's net investment in tangible capital
assets. The $739.4 million is the remaining value of monies expended after depreciation. It is
important to note that under Public Sector Accounting Board standards the audited financial
Document: 5591238
39
SUBJECT: 2021 Audited Consolidated Financial Statements Analysis
April 21, 2022 Page6
statements are based upon historical cost. The District's assets have a replacement value of
approximately $2.5 billion.
Respectfully submitted,
Document: 5591238
40
SUBJECT: 2021 Audited Consolidated Financial Statements Analysis
April 21 , 2022 Page 7
REVIEWED WITH:
Document: 5591238
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FINAL FOR COUNCIL APPROVAL
43
FINAL FOR COUNCIL APPROVAL
Table of Contents
44
FINAL FOR COUNCIL APPROVAL
KPMG LLP
PO Box 10426 777 Dunsmuir Street
Vancouver BC V7Y 1K3
Canada
Telephone (604) 691-3000
Fax (604) 691-3031
To the Mayor and Councillors of the Corporation of the District of North Vancouver
Opinion
We have audited the consolidated financial statements of the Corporation of the District of
North Vancouver (the "District"), which comprise:
• the consolidated statement of changes in net financial assets for the year then ended
• the consolidated statement of cash flows for the year then ended
• notes to the financial statements, including a summary of significant accounting policies
In our opinion, the accompanying financia l statements present fairly, in all material respects,
the consolidated financial position of the District as at December 31 , 2021 and its
consolidated results of operations, its consolidated changes in net financial assets, and its
consolidated cash flows for the year then ended in accordance with Canadian public sector
accounting standards.
We are independent of the District in accordance with the ethical requirements that are
relevant to our audit of the financial statements in Canada and we have fulfilled our other
ethical responsibilities in accordance with these requirements.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide
a basis for our audit opinion.
2020 KPMG LLP an 0111a110 l1m1tcd liabilnv par1ncn:,h1p ,rnd a n,(lmbc1 fmn of the KPMG ~lobal orgc:in1za11011 ot m,1cpCJ1dcn1 mcmbe:r firms
affiliated with KPMG lnternaltonal Limited, a private English company limited by guarantee All 11ghts reserved
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FINAL FOR COUNCIL APPROVAL
The Corporation of the District of North Vancouver
Page2
Those charged with governance are responsible for overseeing the District's financial
reporting process.
Reasonable assurance is a high level of assurance, but is not a guarantee that an audit
conducted in accordance with Canadian generally accepted auditing standards will always
detect a material misstatement when it exists.
Misstatements can arise from fraud or error and are considered material if, individually or in
the aggregate, they could reasonably be expected to influence the economic decisions of
users taken on the basis of the financial statements.
We also:
• Identify and assess the risks of material misstatement of the financial statements,
whether due to fraud or error, design and perform audit procedures responsive to those
risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for
our opinion.
The risk of not detecting a material misstatement resulting from fraud is higher than for
one resulting from error, as fraud may involve collusion, forgery, intentional omissions,
misrepresentations, or the override of internal control.
• Obtain an understanding of internal control relevant to the audit in order to design audit
procedures that are appropriate in the circumstances, but not for the purpose of
expressing an opinion on the effectiveness of the District's internal control.
• Evaluate the appropriateness of accounting policies used and the reasonableness of
accounting estimates and related disclosure made by management.
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FINAL FOR COUNCIL APPROVAL
The Corporation of the District of North Vancouver
Page 3
• Communicate with those charged with governance regarding, among other matters, the
planned scope and timing of the audit and significant audit findings including any
significant deficiencies in internal control that we identify during our audit.
• Obtain sufficient appropriate audit evidence regard ing the financial information of the
entities or business activities within the group entity to express an opinion on the financial
statements. We are responsible for the direction, supervision and performance of the
group audit. We remain solely responsible for our audit opinion.
Vancouver, Canada
May 9, 2022
47
FINAL FOR COUNCIL APPROVAL
2021 2020
Financial assets
Cash and cash equi\0lents (Note 2) $ 116,497,600 $ 159,717,708
Taxes receivable 6,392,488 6,110,364
Accounts recei\0ble 7, 117,593 5,816,075
Due from go-.emments (Note 3) 2,583,312 2,925,700
ln-.estments (Note 4) 216,695,355 204,786,080
MFA debt reser-.e deposit (Note 13(f)) 605,651 595,522
ln-.entories held for resale 159,213 191,231
350,051,212 380,142,680
Liabilities
Accounts payable and accrued liabilities 29,375,682 28,750,909
Due to go-.emments (Note 5) 23,657,367 57,424,891
Restricted re-.enue (Note 6) 29,915,741 30,977,981
Deferred re-.enue (Note 7) 25,500,909 24,589,179
Debt (Note 8) 30,503,882 32,760,765
Post-employment benefits (Note 9) 10,695,683 10,800,096
Deposits and other liabilities 28,780,549 30,672,227
178,429,813 215,976,048
Non-financial assets
Prepaid expenses 1,402,071 1,600,315
ln-.entories held for consumption 1,645,680 1,396,906
Tangible capital assets (Note 10) 775,280,912 733,439,086
Other assets 36,772 55, 157
778,365,435 736,491 ,464
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FINAL FOR COUNCIL APPROVAL
(Note 16)
Re-.enue
Taxation (Note 12) $ 116,282,087 $ 115,856,623 $ 104,703,219
Sales, fees , and user charges
Water 30,966,991 30,459,002 28,980,942
Sewer 27,572,494 26,675,847 24,497,227
Solid waste 7,863,134 7,823,465 7,867,638
Parks, recreation and culture 14,734,702 11 ,079,377 7,844,239
Other 23,304,682 34,973,377 28,901 ,903
Transfer from go-.emments
Federal Gowmment 25,652
Pro1.1ncial Go-.emment 2,666,294 12,103,509 8 ,446,059
Regional Go-.emment 1,215,443 1,645,887 770,191
ln-.estment income 3,300,844 3,453,234 5 ,931,940
Land sales and other contributions 3,193,112 7,028,983 15,231 ,172
231 ,099,783 251,124,956 233,174,530
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FINAL FOR COUNCIL APPROVAL
2021 2020
Operating transactions
Annual surplus $ 49,328,738 $ 44,468,448
Non-cash items:
Depreciation 21,522,413 20,933,021
Loss on disposal of tangible capital assets 889,111 315,402
Amortization of other assets 18,385 44,419
Contributed tangible capital assets (10,326,729) (12,279,481)
Changes in operating assets and liabilities (Note 18) (36,559,247) 40,808,051
Cash pro\oided by operating transactions 24,872,671 94,289,860
Capital transactions
Proceeds on sale of tangible capital assets 80,507
Cash used to acquire tangible capital assets (53,926,621) (40,399,269)
Cash applied to capital transactions (53,926,621) (40,318,762)
Investing transactions
Net change in im.estments (11,909,275) 45,412,672
Cash pro\oided by (applied to) investing transactions (11,909,275) 45,412,672
Financing transactions
Debt repayment (2,256,883) (2,176,108)
Cash applied to financing transactions (2,256,883) (2,176,108)
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FINAL FOR COUNCIL APPROVAL
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FINAL FOR COUNCIL APPROVAL
The reporting entity is comprised of all organizations that are controlled by the District. The financial
statements reflect the consolidation of the District's funds with the financial position and results of
operations of the District of North Vancouver Municipal Public Library and the District's proportionate
interest in the North Vancouver Recreation & Culture Commission, North Vancouver Museum and
Archives Commission, and North Shore Emergency Management Office.
In March 2020, the COVID-19 outbreak was declared a pandemic by the World Health Organization and
has had a significant impact globally, domestically, and locally. The pandemic impacted the District's
operations resulting in a decrease in certain types of revenue, and changes in expenses and cash flows.
The District continues to closely monitor the impact of any financial implications.
The reporting entity is comprised of all organizations that are controlled by the District. The
financial statements reflect the consolidation of the District's funds with the financial position and
results of operations of the District of North Vancouver Municipal Public Library and the District's
proportionate interest in the North Vancouver Recreation & Culture Commission, North Vancouver
Museum and Archives Commission, and North Shore Emergency Management Office.
Inter-entity and inter-fund balances and transactions have been eliminated on consolidation.
c) Segment disclosures
A segment is defined as a distinguishable activity or group of activities of a government for which it
is appropriate to separately report financial information. Consolidated financial statements report
financial activities by major service. Segment disclosures provide information on the District's
services delivered by department.
d) Revenue recognition
Revenue is recorded on the accrual basis and is recognized when it is earned . Unearned revenue
is reported on the consolidated statement of financial position as either deferred revenue or
deposits and other liabilities. Property tax revenue is recognized on the accrual basis using
approved tax rates and the tax class assessments related to the each year.
e) Expense recognition
Expenses are recognized on an accrual basis by the receipt of goods and services or the creation
of an obligation to pay.
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FINAL FOR COUNCIL APPROVAL
i) Operating fund
These funds include the General , Water and Sewer Operating funds as well as the
operating fund of the District of North Vancouver Municipal Public Library and the District's
interest in the operating fund of the North Vancouver Recreation & Culture Commission,
North Vancouver Museum and Archives Commission, and North Shore Emergency
Management Office. They are used to record the consolidated operating assets, liabilities,
revenue and expenses of the District.
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FINAL FOR COUNCIL APPROVAL
10
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11
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FINAL FOR COUNCIL APPROVAL
2021 2020
Cash $ 9,179,954 $ 8,198,729
Business Investment Savings Account 1,376,842 1,359,756
Pooled High Interest Saving Account 105,940,804 150,159,223
$ 11614971600 $ 159?17?08
12
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FINAL FOR COUNCIL APPROVAL
5. Due to governments
2021 2020
Due to Federal Government
RCMP police contract $ 10,736,454 $ 9,470,450
Other 129,212 113,776
10,865,666 9,584,226
Due to Provincial Government
Taxes collected on behalf of other jurisdictions 1,611,575 39,065,216
Ministry of Transportation & Infrastructure Capital Project 5,763,762 682,824
Payroll liability 140,466
Other 1,652 214,474
7,376,989 40,102,980
Due to Other Regional Entities
Metro Vancouver 2,592,999 3,043,525
Due to partner organizations 2,307,070 2,369,128
School District No. 44 294,174 216,069
District of West Vancouver 77,981 727,791
City of North Vancouver 217,504 617,306
DCC collected on behalf of other jurisdictions 501 ,089 1,210,890
Taxes collected on behalf of other jurisdictions (635,042) (486,162)
Other 58,937 39,138
5,414,712 7,737,685
$ 2316571367 $ 57 424 891
13
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FINAL FOR COUNCIL APPROVAL
2021 2020
Development cost charges (1)
Water $ 1,800,990 $ 2,314,923
Sewer 3,995,880 3,985,201
Drainage 1,127,187 2,181,346
Roads 9,182,933 6,734,004
Parks 11,439,608 11 ,207,948
27,546,598 26,423,422
Restricted donations and other 1,552,743 3,747,590
Community amenity contribution 521 ,962 515,932
Developer parkland reserve contributions 294,438 291 ,037
Balance, Beginning of year $ 2,31 4,923 3,985,201 2. 181,346 6 ,734,004 11,207,948 $26,423.422
Add:
Interest Income 23,911 46,366 19,221 92,469 131,570 313,537
DCC collected 501,601 248,440 200,344 2,421 ,800 1,001,618 3,44 1,053
Deduct:
Acquisition of tangible capital
assets 1,039,445 284,127 1,273,724 65,340 901,528 2,631 ,414
Balance, End of year $ 1,800,990 3,995,880 1,127,187 9,182,933 11,439,608 $ 27,546,598
14
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FINAL FOR COUNCIL APPROVAL
8. Debt
The District finances certain tangible capital asset acquisitions through the Municipal Finance
Authority in accordance with the Community Charter. The District makes payments to sinking funds
related to its debt. Sinking fund balances, managed by the Municipal Finance Authority, are netted
against related debt.
Repayments and
Gross Amount Actuarial
Borrowed Adjustments Net Debt 2021 Net Debt 2020
General Fund $ 47,745,000 $ 17,241 ,118 $ 30,503,882 $ 32,760,765
Repayments on net outstanding debt over the next five years and thereafter are as follows:
Year
2022 $ 2,301 ,101
2023 2,387,060
2024 2,476,244
2025 2,568,774
2026 2,664,778
Thereafter 18,105,925
$ 3015031882
The District paid $1 ,108,563 (2020 - $1 ,108,563) in interest on long-debt during the year. Interest
rates on debt range from 2.20% to 3.30% (2020 - 2.20% to 3.30%).
15
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FINAL FOR COUNCIL APPROVAL
The District uses an actuarial valuation to determine the estimated value of post-employment
benefits. The most recent full actuarial valuation was completed as at December 31, 2020. Results
have been extrapolated to December 31, 2021.
Actuarial gains and losses are amortized over 8 to 1 0 years, being the expected average
remaining service period of the related employee group, commencing the year after the gain
or loss arises.
2021 2020
Accrued benefit obligation balance, end of year $ 11 ,809,107 $ 12,610,283
Unamortized actuarial loss (1,140,281) (1 ,830,637)
Other employee benefit liabilities 26,857 20450
Accrued benefitliability, end of year $ 10,695,683 $ 10,800,096
The significant actuarial assumptions used in estimating the District's accrued benefit
obligation are as follows:
2021 2020
Discount rate 2.50% 2.10%
Expected future inflation rates 2.50% 2.50%
Expected wage increases 2.58-4.63% 2.58-4.63%
16
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FINAL FOR COUNCIL APPROVAL
Balance at Balance at
December 31, Depreciation for December 31,
Accumulated depreciation 2020 the year Disposals 2021
17
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2021 2020
Land and Buildings $ $ 11 ,593,792
Roads 5,118,403 422,349
Water 1,516,236 105,967
Sewer 1,448,967 74,594
Drainage 2,243,123 82,779
$ 10,326,729 $ 12,279,481
18
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FINAL FOR COUNCIL APPROVAL
Partner Organizations:
District of North Vancouver Municipal Public Library 485,887 354,362
North Vancouver Reaeation & Cutture Commission
North Vancouver Museum and Archives 21,501 39,599
North Shore Emergency Management Office 156,371 143,881
27,080,855 28,639,164
Existing Capital
Infrastructure 32,340,109 32,004,770
Utilities - Water 9 ,776,617 8,389,285
Utilities - Sewer and Drainage 20,494,137 18,404,114
Utilities - Solid Waste 5,783,387 4,984,557
Vehicles and Equipment 4,389,482 4,003,169
72,783,732 67,785,895
19
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Every three years, an actuarial valuation is performed to assess the financial position of the plan
and adequacy of plan funding. The actuary determines an appropriate combined employer and
member contribution rate to fund the plan. The actuary's calculated contribution rate is based on
the entry-age normal cost method, which produces the long term rate of member and employer
contributions sufficient to provide benefits for average future entrants to the plan. This rate may
be adjusted for the amortization of any actuarial funding surplus and will be adjusted for the
amortization of any unfunded actuarial liability.
20
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FINAL FOR COUNCIL APPROVAL
The most recent valuation for the Municipal Pension Plan as of December 31 , 2018 , indicated a
$2,866 million funding surplus for basic pension benefits on a going concern basis. The next
valuation will be as at December 31 , 2021 , with results available in 2022. Employers participating
in the plan record their pension expense as the amount of employer contributions made during the
fiscal year (defined contribution pension plan accounting). This is because the plan records
accrued liabilities and accrued assets for the plan in aggregate, resulting in no consistent and
reliable basis for allocating the obligation, assets and cost to the individual employers participating
in the plan.
The District paid $6,955,124 (2020 - $6,802,370) for employer contributions to the plan in fiscal
2021.
c) Third party claims and property tax appeals
Several claims have been initiated against the District in varying or unspecified amounts. In
addition, several property tax appeals have been filed with BC Assessment and are pending at
December 31 , 2021 . Any amounts payable in addition to the accrued amounts, if any, arising from
the claims and the appeals will be recorded in the year in which the amount is determinable.
Reserves have been established to fund potential additional unfavourable results.
d) Insurance
In the ordinary course of business, claims are asserted or made against the District, and the
District is currently involved in various legal actions. The outcome of these actions cannot be
determined at this time. A provision has been made in the accounts for any possible unfavourable
outcome of these actions. The amount of any loss in excess of the provision and insurance
coverage will be recorded when determinable.
e) Contractual obligations
The District has entered into an agreement with a facility manager to manage a recreational facility
for a period of 5 years commencing September 1, 1998 and renewable at the option of the facility
manager for further 5-year terms to August 31 , 2048. As part of the agreement the District has
committed to the payment of 2,800 hours of facility rental for each year ended August 31st. For
the year ended December 31, 2021, the District's liability is estimated at $651 ,059. For
succeeding years, this amount will be adjusted by any change in the Vancouver average all-in
consumer price index for the previous year.
f) Municipal Finance Authority demand notes
The District issues its debt instruments through the Municipal Finance Authority. As a condition of
these borrowings, a portion of the debenture proceeds is withheld by the Municipal Finance
Authority as a debt reserve deposit. The District also executes demand notes in connection with
each debenture whereby the District may be required to lend certain amounts to the Municipal
Finance Authority. Demand notes have been executed in the amount of $1,099,485 (2020 -
$1 ,099,485). These demand notes are contingent in nature and are therefore not recorded as
liabilities.
21
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Revenues not directly attributable to a specific segment are included in General Government &
Admin.
Amounts shown for operating expenses are the gross amounts including interfund eliminations
incurred by departments for all segmented activity.
General Government & Admin provides internal support services to Council and the community
and other departments who provide direct services to its residents. These internal departments
include the City Manager's Office, Corporate Services, Financial services, Information Technology,
Legal and Human Resources. Various corporate expenses not directly attributable to a specific
segment are included in General Government including but not limited to depreciation, climate
related events, interest on long term debt and third party claims.
Utility services provide planning, design, construction and maintenance for water distribution,
sewage collection, drainage, neighbourhood energy utilities and refuse removal services.
Transportation & Engineering provides planning, design, construction and maintenance of the
District's streets, street lighting, traffic control, transportation planning, utility and communication
corridors and project delivery services.
22
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Protective services includes Police, fire and rescue, natural hazards mitigation, bylaws and
emergency management. Emergency Management is a shared service provided by the District of
North Vancouver, the District of West Vancouver and the City of North Vancouver.
Community services includes programs that foster sustainable, creative and inclusive
communities for living and working. It also includes North Vancouver Museum and Archives
Commission (NVMA) and North Vancouver Recreation & Cultural Commission (NVRC) which are
shared services provided by the District of North Vancouver and the City of North Vancouver.
Planning and Development creates plans, programs and policies required for District wide and
community planning, zoning and subdivision. It also includes Real Estate and Properties.
Library services includes the District of North Vancouver Municipal Public Library (the "Library")
which enriches our community by connecting people, sharing knowledge and inspiring stories.
The Library is a welcoming community hub that provides free access to a wide range of public
resources and services to the residents of the District of North Vancouver.
23
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Operating expenses
Salaries and benefits 15,506,819 7,527,507 7,769,182 23,695,190 20,833,694 10,306,238 5,001,912 90,640,542 83,462,833
Goods and materials 1,487,395 1,357,169 808,465 248,923 1,300,799 106,686 950 5,310,387 4,862,057
Building and grounds 2,401 ,872 1,233,762 703,956 921,962 4,359,825 239,373 517,015 (704,178) 9,673,587 8,819,415
Equipment costs (2,881,957) 3,293,351 1,088,015 990,333 1.467,895 263,765 239,208 4,460,610 4,219,021
Ser.ice costs 806,053 806,053 774,774
Administrati\.e costs 2,868,299 1,530,129 1,254,773 1,134,597 3,848,280 1,307,838 565,283 (31 ,181) 12,478,018 11,926,703
Contract seNces (352,369) 31,059,743 8,987 21,397,068 7,526,264 765,264 33,711 (7,262,794) 53,175,874 50,428,233
Grants 111 ,000 2 ,375,935 42,820 2,529,755 2,079,480
Debt interest 1,198,979 1,198,979 1,200,545
20,340,038 46,001,661 12,439,431 48,388,073 41 ,712,692 13,031 ,984 6,358,079 (7,998,153) 180,273,805 167,773,061
Depreciation 7,517,109 4,639,286 6 ,004,576 316,097 2 ,513,676 531 ,669 21,522,413 20,933,021
27,857,147 50,640,947 18,444,007 48,704,170 44,226,368 13,031,984 6,889,748 (7,998,153) 201,796.218 188,706,082
Annua I (Surplus) Deficit 105,514,317 15,332,668 (16,438,554) (44,856,298) (32,395,282) 4,880,667 767,457 16,523,763 49,328,738 44,468,448
24
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FINAL FOR COUNCIL APPROVAL
Operating Elq)enditures
Community Services 42,607,397 43,133,471 526,074
Planning and Development 13,618,107 14,297,854 679,747
Protective Services 45,130,474 46,153,196 1,022,722
Transportation and Engineering 9,167,470 9,145,285 (22,185)
Utilities 49,796,437 49,796,437
Governance and Admin 18,556,768 18,405,336 (151,432)
178,876,653 180,931 ,579 2,054,926
Capital Expenditures 87,045,156 99,524,975 12,479,819
Debt Service 2,761 ,745 2,761 ,745
Contributions to:
Operating ReseMs 3,271,566 3,696,959 425,393
Capital Reserws 55,173,972 55,510,460 336,488
58,445,538 59,207,419 761,881
Use of Funds $ 327,129,092 $ 342,425,718 $ 15,296,626
25
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The chart below reconciles the amended budget to the budget figures reported in these consolidated
financial statements.
Re\A:!nue
Operating budget $ 336,860,724
Capital budget 5,564,994
Total re'A:!nue per appro'A:!d budget 342,425,718
Less:
Transfers from other funds (85,753,048)
Capital funding less repair and maintenance
Inter-agency eliminations (10,007,922)
Proceeds from debt (15,564,965)
Total re'A:!nues , as reported 231,099,783
Expenses
Operating budget 242,900,744
Capital budget 99,524,974
Total expenses per appro'A:!d budget 342,425,718
Less :
Transfers to other funds (59,207,419)
Inter-agency eliminations (804,753)
Capital expenses, including major repair and maintenance (99,524,975)
Debt principal repayment (1,653,182)
Operating repair and maintenance funded as capital expenses 10,672,672
Total expenses as reported 191 ,908,061
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2021 2020
27
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Due to the COVID-19 pandemic in 2020, the District received the BC Safe Restart Grant of $6.4
million from the Province to help with COVID-19 financial impacts to the District's operations. The
schedule below details how the District utilized the grant funds in 2020 and 2021. The remainder of
the funds have been placed in the COVID-19 safe restart reserve to be utilized to offset ongoing
COVID-19 impacts.
2021 2020
$ 3,250,660 $ 6,484,000
2,711 ,279 3,233,340
539,380 3,250,660
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Contents
Page
Statement of Operations 5
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~
KPMG LLP
PO Box 10426 777 Dunsmuir Street
Vancouver BC V7Y 1K3
Canada
Telephone (604) 691-3000
Fax (604) 691-3031
To the Mayor and Councillors of the Corporation of the District of North Vancouver
Opinion
We have audited the accompanying financial statements of North Vancouver Recreation &
Culture Commission (the "Entity"), which comprise:
• the statement of change in net debt for the year then ended;
• the statement of cash flows for the year then ended; and
In our opinion, the accompanying financial statements present fairly, in all material respects,
the financial position of the Entity as at December 31 , 2021 and its results of operations, its
changes in net debt and its cash flows for the year then ended in accordance with Canadian
public sector accounting standards.
We are independent of the Entity in accordance with the ethical requirements that are relevant
to our audit of the financial statements in Canada and we have fulfilled our other ethical
responsibilities in accordance with these requirements.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide
a basis for our audit opinion.
2021 KPMG LLP. 3n On tano l imited liabihty partocn;h1p and a member fi rm c.,f lhc KPMG glob31 orgar.ii:atton of indcpond~nt member f irms
affiliated with KPMG lnternat10nal L1m1ted, e private English company lirmtert by guarantee. All rights reserved
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FINAL FOR COUNCIL APPROVAL
North Vancouver Recreation & Culture Commission
Page 2
In preparing the financial statements, management is responsible for assessing the Entity's
ability to continue as a going concern, disclosing as applicable, matters related to going
concern and using the going concern basis of accounting unless management either intends
to liquidate the Entity or to cease operations, or has no realistic alternative but to do so.
Those charged with governance are responsible for overseeing the Entity's financial reporting
process.
Reasonable assurance is a high level of assurance, but is not a guarantee that an audit
conducted in accordance with Canadian generally accepted auditing standards will always
detect a material misstatement when it exists.
Misstatements can arise from fraud or error and are considered material if, individually or in
the aggregate, they could reasonably be expected to influence the economic decisions of
users taken on the basis of the financial statements.
We also:
• Identify and assess the risks of material misstatement of the financial statements,
whether due to fraud or error, design and perform audit procedures responsive to those
risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for
our opinion.
The risk of not detecting a material misstatement resulting from fraud is higher than for
one resulting from error, as fraud may involve collusion, forgery , intentional omissions,
misrepresentations, or the override of internal control.
• Obtain an understanding of internal control relevant to the audit in order to design audit
procedures that are appropriate in the circumstances, but not for the purpose of
expressing an opinion on the effectiveness of the Entity's internal control.
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FINAL FOR COUNCIL APPROVAL
~
North Vancouver Recreation & Culture Commission
Page3
• Evaluate the overall presentation, structure and content of the financial statements,
including the disclosures, and whether the financial statements represent the underlying
transactions and events in a matter that achieves fair presentation.
• Communicate with those charged with governance regarding, among other matters, the
planned scope and timing of the audit and significant audit findings including any
significant deficiencies in internal control that we identify during our audit.
Vancouver, Canada
May 9, 2022
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FINAL FOR COUNCIL APPROVAL
Financial assets
Cash $ 976,584 $ 580,941
Accounts receivable 132,658 163,814
Receivable from District of North Vancouver (Note 3) 5,379,080 5,656,641
Inventories held for resale 10,765 14,719
6,499,087 6,416,115
Liabilities
Accounts payable and accrued liabilities 1,529,113 1,452,763
Due to City of North Vancouver (Note 3) 37,509 204,024
Deposits held 1,409,598 1,573,134
Deferred revenue (Note 4) 1,409,955 972,280
Post-employment benefits (Note 5) 2,303,600 2,365,600
6,689,775 6,567,801
Non-financial assets
Prepaid expenses 190,688 151,686
190,688 151,686
Accumulated surplus $ $
Approved by:
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FINAL FOR COUNCIL APPROVAL
Revenue
Memberships $ 3,240,113 $ 1,086,129 $ 916,297
Programs and lessons 8,857,035 5,339,676 3,468,248
Rentals 2,215,998 1,490,271 1,168,948
Other (Note 8) 756,066 758,773 328,575
15,069,212 8,674,849 5,882,068
Expenses (Note 6)
Program 12,086,952 7,643,957 6,093,100
Maintenance 6,245,555 5,134,467 4,692,640
Operating 9,917,241 8,433,382 7,317,010
Administration 3,709,123 3,525,122 3,256,484
31,958,871 24,736,928 21,359,234
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Operations
Annual deficit $ $ (150,000)
Decrease in accounts receivable 31,156 451,987
Decrease in inventories held for resale 3,954 638
Increase in prepaid expenses (39,002) (24,462)
Increase (decrease) in accounts payable and accrued liabilities 76,350 (806,704)
(Decrease) increase in deposits held (163,536) 466,933
Increase (decrease) in deferred revenues 437,675 (1,288,528)
(Decrease) increase in post-employment benefits (62,000} 82,400
284,597 (1,267,736)
Financing
Decrease in receivable from District of North Vancouver 277,561 971,794
(Decrease) increase in due to City of North Vancouver {166,515) 358,602
111,046 1,330,396
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1. Operations
The North Vancouver Recreation & Culture Commission (the "Commission") was established
under the Community Charter, SBC 2003, c.26 as amended ("the Community Charter") by the
District of North Vancouver (the "District") and the City of North Vancouver (the "City") to provide
inter-municipal recreation services. Operating since 1970, the North Vancouver Recreation and
Culture Commission Establishing Bylaws of the District (#7987) and City (#8380) were amended
in 2014 to include cultural services.
The annual contribution to the Commission by the District and the City is amended and agreed
upon periodically, and approximates the usage of the recreation facilities by the residents of the
District and the City. The current allocations are 66.06% (2020 - 66.06%) and 33.94% (2020 -
33.94%), respectively. Arts and culture grants are shared equally and building utilities are paid by
the owner municipality. Any annual operating surplus is returned to the District and the City in
proportion to the funding contribution of each, adjusted for any specific items. The District and the
City consolidate their proportionate share of the Commission's operations into their respective
annual consolidated financial statements.
The Commission's operations include the planning and delivery of a comprehensive range of
recreation and cultural programming in the community and at facilities owned by the District and
the City.
The Commission is required under the agreement between the District and the City to maintain
detailed records of tangible capital assets. In addition, the Commission is responsible for the
maintenance of these assets and charges the District and the City for capital purchases. Title to the
tangible capital assets is retained by the District and City and accordingly tangible capital assets
are not recorded in the financial statements of the Commission.
The COVID-19 pandemic continues to impact Commission operations. In 2021, all facilities were
open but Provincial Health Orders limiting facility capacity and activity type occurred throughout the
year. Revenues have not returned to pre-pandemic levels, but expenditure savings offset the
overall financial impact. As the situation is dynamic and the ultimate duration and magnitude of the
COVID-19 pandemic is not known, an estimate of the future financial effect on the operations of the
Commission is not practical at this time.
c) Budget information
Budget information, presented in these financial statements, was adopted by the District of
North Vancouver and the City of North Vancouver on April 12, 2021 .
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FINAL FOR COUNCIL APPROVAL
d) Revenue recognition
Revenue is recorded on an accrual basis and is recognized when it is earned. Unearned
revenue in the current period is reported on the statement of financial position as deferred
revenue or deposits.
e) Expense recognition
Expenses are recognized on an accrual basis as they are incurred as a result of the receipt of
goods and services or the creation of a legal obligation to pay.
f) Pension Fund
The Commission makes contributions to the Municipal Pension Plan. These contributions are
expensed as incurred.
g) Post-employment benefits
Post-employment benefits also accrue to the Commission's employees. The liabilities related
to these benefits are actuarially determined based on service and best estimates of retirement
ages and expected future salary and wage increases. The obligation under these benefit plans
are accrued based on projected benefits prorated as the employees render services necessary
to earn the future benefits
h) Non-financial assets
Non-financial assets are not available to discharge existing liabilities and are held for use in
the provision of services. They have useful lives extending beyond the current year and are
not intended for sale in the ordinary course of operations.
j) Segment disclosure
A segment is defined as a distinguishable activity or group of activities of a government for
which it is appropriate to separately report financial information to achieve the objectives of
the standard. The Commission's activities are in only one segment and hence no additional
disclosure is required.
k) Cash
Cash is held by the District on behalf of the Commission in separate bank accounts.
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FINAL FOR COUNCIL APPROVAL
3. Related parties
The receivable from the District is comprised of amounts arising from net transactions throughout
the year. Interest on the receivable is paid quarterly, at a variable rate based on the District's short-
term investment performance. The amount payable to the City represents the net amount arising
from transactions between the City and the Commission throughout the year and is non-interest
bearing.
4. Deferred revenue
6. Post-employment benefits
As per the Collective Agreement and compensation policy, the Commission provides its
employees with sick days and certain employee benefits on termination and retirement. These
include severance pay based on years of service and a full year's vacation entitlement in the year
of retirement.
The Commission uses an actuarial valuation to determine the estimated value of post-employment
benefits. The most recent full actuarial valuation was completed as at December 31 , 2020. Results
have been extrapolated to December 31 , 2021 .
2021 2020
Actuarial gains and losses are amortized over ten years, being the expected average remaining
service period of the related employee group, commencing the year after the gain or loss arises.
10
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FINAL FOR COUNCIL APPROVAL
The significant actuarial assumptions used in estimating the Commission's accrued benefit
obligation are as follows:
2021 2020
6. Expenses by object
a) Pension liability
The Commission and its employees contribute to the Municipal Pension Plan (a jointly trusteed
pension plan). The board of trustees, representing plan members and employers, is responsible
for administering the plan, including investment of assets and administration of benefits. The
plan is a multi-employer defined benefit pension plan. Basic pension benefits are based on a
formula. As at December 31, 2020, the plan has about 220,000 active members and
approximately 112,000 retired members. Active members include approximately 42 ,000
contributors from local governments, including approximately 285 contributors from NVRC.
Every three years, an actuarial valuation is performed to assess the financial position of the
plan and adequacy of plan funding. The actuary determines an appropriate combined
employer and member contribution rate to fund the plan. The actuary's calculated contribution
rate is based on the entry age normal cost method, which produces the long-term rate of
member and employer contributions sufficient to provide benefits for average future entrants to
the plan. This rate may be adj usted for the amortization of any actuarial funding surplus and
will be adjusted for the amortization of any unfunded actuarial liability.
The most recent valuation for the Municipal Pension Plan as of December 31 , 2018, indicated
a $2,866 million funding surplus for basic pension benefits on a going concern basis.
11
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FINAL FOR COUNCIL APPROVAL
Employers participating in the plan record their pension expense as the amount of the employer
contributions made during the fiscal year (defined contribution pension plan accounting). This
is because the plan records accrued liabilities and accrued assets for the plan in aggregate,
resulting in no consistent and reliable basis for allocating the obligation, assets and cost to
individual employers participating in the plan.
b) Contingent liabilities
The Commission is currently engaged in or party to certain legal actions. Any amounts payable
in addition to the accrued amounts, if any, arising from the claims, will be recorded in the year
in which the amount is determinable.
Other Revenue includes $474,319 in COVID-19 Safe Restart Grant funding. The City
contributed $152,866 (2020 - nil) and the District contributed $321,453 (2020 - nil) to fund
increased operating costs as a result of the pandemic.
9. Subsequent Event
Lions Gate Community Recreation Centre was completed in February 2022, with programs for
the public expected to start in the spring of 2022.
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86
8.3
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88
I
AGENDA INFORMATION
SUBJECT: Filing under the Financial Information Act - 2021 Statement of Financial
Information (SOFI)
RECOMMENDATION:
THAT the Finance and Audit Standing Committee recommend to Council:
THAT the 2021 Statement of Financial Information (SOFI) of the District of North
Vancouver be approved.
9 Document: 5598304
89
SUBJECT: Filing under the Financial Information Act - 2021 Statement of Financial
Information (SOFI)
April 22, 2022 Page 2
ANALYSIS:
In response to recurring media requests for information on local government remuneration,
focusing on select large payments, we are continuing to report using the Metro Vancouver
enhanced format that isolates base salaries from all other salary types. "Other" includes
retirements/severances, overtime, taxable benefits and all other forms of remuneration that
are not considered part of an employee's base salary.
The $75,000 threshold came into effect in September 2002. Inflation adjusted, using Core
CPI, the current threshold would be $109,000 resulting in 176 positions greater than the
threshold.
The major reasons for the year over year increase in payments to suppliers relates to the
gradual re-opening of economy and continued development and renewal of community
assets as we navigate the on-going impacts of COVID-19. The balance is attributable to the
timing of payments between fiscal years.
Respectfully submitted,
~def'
Andy Wardell
GM, Finance & CFO
10 Document: 5598304
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fATTACHMENT 'L J
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THE CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Sections 1 to 4
AS AT DECEMBER 31, 2021
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Table of Contents
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~
KPMG LLP
PO Box 10426 777 Dunsmuir Street
Vancouver BC V7Y 1K3
Canada
Telephone (604) 691-3000
Fax(604)691-3031
To the Mayor and Councillors of the Corporation of the District of North Vancouver
Opinion
We have audited the consolidated financial statements of the Corporation of the District of
North Vancouver (the "District"), which comprise:
• the consolidated statement of changes in net financial assets for the year then ended
• the consolidated statement of cash flows for the year then ended
In our opinion, the accompanying financial statements present fairly , in all material respects,
the consolidated financial position of the District as at December 31 , 2021 and its
consolidated results of operations, its consolidated changes in net financial assets, and its
consolidated cash flows for the year then ended in accordance with Canadian public sector
accounting standards.
We are independent of the District in accordance with the ethical requirements that are
relevant to our audit of the financial statements in Canada and we have fulfilled our other
ethical responsibilities in accordance with these requirements.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide
a basis for our audit opinion.
2020 K.PMG LLP, an 011tan<.i J11nitr.<l 11.1L11lny pM1ncrshiJ.> and a n,c.:mbcr firm of the KPMG olobal organ1zdtion of iridcµcndcnt member firff\5
affiliated wilh KPMG lntftrna11onal L1m1ted, a pnvilte Er:glish cornpany limited by guarnntee All rtgt':ts re>servP-d
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~
The Corporation of the District of North Vancouver
Page 2
In preparing the financial statements, management is responsible for assessing the District's
ability to continue as a going concern, disclosing as applicable, matters related to going
concern and using the going concern basis of accounting unless management either intends
to liquidate the District or to cease operations, or has no realistic alternative but to do so.
Those charged with governance are responsible for overseeing the District's financial
reporting process.
Reasonable assurance is a high level of assurance, but is not a guarantee that an audit
conducted in accordance with Canadian generally accepted auditing standards will always
detect a material misstatement when it exists.
Misstatements can arise from fraud or error and are considered material if, individually or in
the aggregate, they could reasonably be expected to influence the economic decisions of
users taken on the basis of the financial statements.
We also:
• Identify and assess the risks of material misstatement of the financial statements,
whether due to fraud or error, design and perform audit procedures responsive to those
risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for
our opinion.
The risk of not detecting a material misstatement resulting from fraud is higher than for
one resulting from error, as fraud may involve collusion, forgery , intentional omissions,
misrepresentations, or the override of internal control.
• Obtain an understanding of internal control relevant to the audit in order to design audit
procedures that are appropriate in the circumstances, but not for the purpose of
expressing an opinion on the effectiveness of the District's internal control.
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~
The Corporation of the District of North Vancouver
Page 3
• Evaluate the overall presentation, structure and content of the financial statements,
including the disclosures, and whether the financial statements represent the underlying
transactions and events in a matter that achieves fair presentation.
• Communicate with those charged with governance regarding, among other matters, the
planned scope and timing of the audit and significant audit findings including any
significant deficiencies in internal control that we identify during our audit.
• Obtain sufficient appropriate audit evidence regarding the financial information of the
entities or business activities within the group entity to express an opinion on the financial
statements. We are responsible for the direction, supervision and performance of the
group audit. We remain solely responsible for our audit opinion.
Vancouver, Canada
May 9, 2022
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2021 2020
Financial assets
Cash and cash equi\elents (Note 2) $ 116,497,600 $ 159,717,708
Taxes receivable 6,392,488 6,1 10,364
Accounts receivable 7, 117,593 5,816,075
Due from go-.ernments (Note 3) 2,583,312 2,925,700
ln-.estments (Note 4) 216,695,355 204,786,080
MFA debt reser-.e deposit (Note 13(f)) 605,651 595,522
ln-.entories held for resale 159,213 191 ,231
350,051 ,212 380, 142,680
Liabilities
Accounts payable and accrued liabilities 29,375,682 28,750,909
Due to go-.emments (Note 5) 23,657,367 57,424,891
Restrict ed re-.enue (Note 6) 29,915,74 1 30,977,981
Deferred re-.enue (Note 7) 25,500,909 24,589,179
Debt (Note 8) 30,503,882 32,760,765
Post-employment benefits (Note 9) 10,695,683 10,800,096
Deposits and other liabilities 28,780,549 30,672,227
178,429,813 215,976,048
Non-financial assets
Prepaid expenses 1,402,071 1,600,315
ln-.ent ories held for consumption 1,645,680 1,396,906
Tangible capital assets (Note 10) 775,280,912 733,439,086
Other assets 36,772 55,157
778,365,435 736,491,464
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(Note 16)
Re1.enue
Taxation (Note 12) $ 116,282,087 $ 115,856,623 $ 104,703,219
Sales, fees , and user charges
Water 30,966,991 30,459,002 28,980,942
Sewer 27,572,494 26,675,847 24,497,227
Solid waste 7,863,134 7,823,465 7,867,638
Parks, recreation and culture 14,734,702 11 ,079,377 7,844,239
Other 23,304,682 34,973,377 28,901 ,903
Transfer from go1.ernments
Federal Go1.emment 25,652
Pro..,;ncial Go1.ernment 2,666,294 12,103,509 8,446,059
Regional Go-..ernment 1,215,443 1,645,887 770,191
ln-..estment income 3,300,844 3,453,234 5,931,940
Land sales and other contributions 3,193,112 7,028,983 15,231 ,172
231 ,099,783 251 ,124,956 233,174,530
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2021 2020
Operating transactions
Annual surplus $ 49,328,738 $ 44,468,448
Non-cash items:
Depreciation 21,522,413 20,933,021
Loss on disposal of tangible capital assets 889,111 315,402
Amortization of other assets 18,385 44,419
Contributed tangible capital assets (10,326,729) (12,279,481)
Changes in operating assets and liabilities (Note 18) (36,559,247) 40,808,051
Cash pro\1ded by operating transactions 24,872,671 94,289,860
Capital transactions
Proceeds on sale of tangible capital assets 80,507
Cash used to acquire tangible capital assets (53,926,621) (40,399,269)
Cash applied to capital transactions (53,926,621) (40,318,762)
lm.esting transactions
Net change in in'A'lstments (11 ,909,275) 45,412,672
Cash pro\1ded by (applied to) im,e sting transactions (11 ,909,275) 45,412,672
Financing transactions
Debt repayment (2,256,883) (2,176,108)
Cash applied to financing transactions (2,256,883) (2,176,108)
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The reporting entity is comprised of all organizations that are controlled by the District. The financial
statements reflect the consolidation of the District's funds with the financial position and results of
operations of the District of North Vancouver Municipal Public Library and the District's proportionate
interest in the North Vancouver Recreation & Culture Commission , North Vancouver Museum and
Archives Commission, and North Shore Emergency Management Office.
In March 2020, the COVID-19 outbreak was declared a pandemic by the World Health Organization and
has had a significant impact globally, domestically, and locally. The pandemic impacted the District's
operations resulting in a decrease in certain types of revenue, and changes in expenses and cash flows.
The District continues to closely monitor the impact of any financial implications.
The reporting entity is comprised of all organizations that are controlled by the District. The
financial statements reflect the consolidation of the District's funds with the financial position and
results of operations of the District of North Vancouver Municipal Public Library and the District's
proportionate interest in the North Vancouver Recreation & Culture Commission, North Vancouver
Museum and Archives Commission, and North Shore Emergency Management Office.
Inter-entity and inter-fund balances and transactions have been eliminated on consolidation.
c) Segment disclosures
A segment is defined as a distinguishable activity or group of activities of a government for which it
is appropriate to separately report financial information. Consolidated financial statements report
financial activities by major service. Segment disclosures provide information on the District's
services delivered by department.
d) Revenue recognition
Revenue is recorded on the accrual basis and is recognized when it is earned . Unearned revenue
is reported on the consolidated statement of financial position as either deferred revenue or
deposits and other liabilities. Property tax revenue is recognized on the accrual basis using
approved tax rates and the tax class assessments related to the each year.
e) Expense recognition
Expenses are recognized on an accrual basis by the receipt of goods and services or the creation
of an obligation to pay.
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i) Operating fund
These funds include the General, Water and Sewer Operating funds as well as the
operating fund of the District of North Vancouver Municipal Public Library and the District's
interest in the operating fund of the North Vancouver Recreation & Culture Commission,
North Vancouver Museum and Archives Commission, and North Shore Emergency
Management Office. They are used to record the consolidated operating assets, liabilities,
revenue and expenses of the District.
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2021 2020
Cash $ 9,179,954 $ 8,198,729
Business Investment Savings Account 1,376,842 1,359,756
Pooled High Interest Saving Account 105,940,804 150,159,223
$ 11614971600 $ 159i711i708
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5. Due to governments
2021 2020
Due to Federal Government
RCMP police contract $ 10,736,454 $ 9,470,450
Other 129,212 113,776
10,865,666 9,584,226
Due to Provincial Government
Taxes collected on behalf of other jurisdictions 1,611,575 39,065,216
Ministry of Transportation & Infrastructure Capital Project 5,763,762 682,824
Payroll liability 140,466
Other 1,652 214.474
7,376,989 40,102,980
Due to Other Regional Entities
Metro Vancouver 2,592,999 3,043,525
Due to partner organizations 2,307,070 2,369,128
School District No. 44 294,174 216,069
District of West Vancouver 77,981 727,791
City of North Vancouver 217,504 617,306
DCC collected on behalf of other jurisdictions 501 ,089 1,210,890
Taxes collected on behalf of other jurisdictions (635,042) (486,162)
Other 58,937 39,138
5,414,712 7,737,685
$ 2316571367 $ 57 424 891
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2021 2020
Development cost charges (1)
Water $ 1,800,990 $ 2,314,923
Sewer 3,995,880 3,985,201
Drainage 1,127,187 2,181 ,346
Roads 9,182,933 6,734,004
Parks 11,439,608 11,207,948
27,546,598 26,423,422
Restricted donations and other 1,552,743 3,747,590
Community amenity contribution 521,962 515,932
Developer parkland reserve contributions 294,438 291 ,037
$ 29,915,741 $ 30,977,981
Balance. Beginning of year $ 2,314,923 3,985,201 2,181 ,346 6,734,004 11 ,207,948 $26,423,422
Add:
Interest Income 23,911 46,366 19,221 92,469 131 ,570 313,537
DCC collected 501,601 248,440 200,344 2,421,800 1,001 ,618 3,441,053
Deduct:
Acquisition of tangible capital
assets 1,039,4 45 284,127 1,273,724 65,340 901 ,528 2,631 ,4 14
Balance, End of year $ 1,800,990 3,995,880 1,127,187 9,182,933 11 ,439,608 $27,546,598
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8. Debt
The District finances certain tangible capital asset acquisitions through the Municipal Finance
Authority in accordance with the Community Charter. The District makes payments to sinking funds
related to its debt. Sinking fund balances, managed by the Municipal Finance Authority, are netted
against related debt.
Repayments and
Gross Amount Actuarial
Borrowed Adjustments Net Debt 2021 Net Debt 2020
General Fund $ 47,745,000 $ 17,241 ,118 $ 30,503,882 $ 32,760,765
Repayments on net outstanding debt over the next five years and thereafter are as follows:
Year
2022 $ 2,301, 101
2023 2,387,060
2024 2,476,244
2025 2,568,774
2026 2,664,778
Thereafter 18,105,925
$ 3015031882
The District paid $1 ,108,563 (2020 - $1,108,563) in interest on long-debt during the year. Interest
rates on debt range from 2.20% to 3.30% (2020 - 2.20% to 3.30%).
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The District uses an actuarial valuation to determine the estimated value of post-employment
benefits. The most recent full actuarial valuation was completed as at December 31 , 2020. Results
have been extrapolated to December 31 , 2021.
Actuarial gains and losses are amortized over 8 to 1 O years, being the expected average
remaining service period of the related employee group, commencing the year after the gain
or loss arises.
2021 2020
Accrued benefit obligation balance, end of year $ 11,809,107 $ 12,610,283
Unamortized actuarial loss (1,140,281) (1,830,637)
Other employee benefit liabilities 26857 20450
Accrued benefit liability, end of year $ 10,695,683 $ 10,800,096
The significant actuarial assumptions used in estimating the District's accrued benefit
obligation are as follows:
2021 2020
Discount rate 2.50% 2.10%
Expected future inflation rates 2.50% 2.50%
Expected wage increases 2.58-4.63% 2.58-4.63%
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Balance at Balance at
December 31, Depreciation for December 31,
Accumulated de preciation 2020 the }'.ear Disposa ls 2021
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2021 2020
Land and Buildings $ $ 11 ,593,792
Roads 5,118,403 422,349
Water 1,516,236 105,967
Sewer 1,448,967 74,594
Drainage 2,243,123 82,779
$ 10,326,729 $ 12,279,481
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Partner Organizations:
District of North Vancouver Municipal Public Library 485,887 354,362
North Vancouver Recreation & Culture Commission
North Vancouver Museum and Archives 21 ,501 39,599
North Shore Emergency Management Office 156,371 143,881
27,080,855 28,639,164
Existing Capital
Infrastructure 32,340,109 32,004,770
Utilities - Water 9,776,617 8,389,285
Utilities - Sewer and Drainage 20,494,137 18,404,1 14
Utilities - Solid Waste 5,783,387 4,984,557
Vehicles and Equipment 4,389,482 4,003,169
72,783,732 67,785,895
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Every three years, an actuarial valuation is performed to assess the financial position of the plan
and adequacy of plan funding. The actuary determines an appropriate combined employer and
member contribution rate to fund the plan. The actuary's calculated contribution rate is based on
the entry-age normal cost method, which produces the long term rate of member and employer
contributions sufficient to provide benefits for average future entrants to the plan. This rate may
be adjusted for the amortization of any actuarial funding surplus and will be adjusted for the
amortization of any unfunded actuarial liability.
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The most recent valuation for the Municipal Pension Plan as of December 31, 2018, indicated a
$2,866 million funding surplus for basic pension benefits on a going concern basis. The next
valuation will be as at December 31, 2021, with results available in 2022. Employers participating
in the plan record their pension expense as the amount of employer contributions made during the
fiscal year (defined contribution pension plan accounting). This is because the plan records
accrued liabilities and accrued assets for the plan in aggregate, resulting in no consistent and
reliable basis for allocating the obligation, assets and cost to the individual employers participating
in the plan.
The District paid $6,955,124 (2020 - $6,802,370) for employer contributions to the plan in fiscal
2021 .
c) Third party claims and property tax appeals
Several claims have been initiated against the District in varying or unspecified amounts. In
addition, several property tax appeals have been filed with BC Assessment and are pending at
December 31, 2021. Any amounts payable in addition to the accrued amounts, if any, arising from
the claims and the appeals will be recorded in the year in which the amount is determinable.
Reserves have been established to fund potential additional unfavourable results.
d) Insurance
In the ordinary course of business, claims are asserted or made against the District, and the
District is currently involved in various legal actions. The outcome of these actions cannot be
determined at this time. A provision has been made in the accounts for any possible unfavourable
outcome of these actions. The amount of any loss in excess of the provision and insurance
coverage will be recorded when determinable.
e) Contractual obligations
The District has entered into an agreement with a facility manager to manage a recreational facility
for a period of 5 years commencing September 1, 1998 and renewable at the option of the facility
manager for further 5-year terms to August 31 , 2048. As part of the agreement the District has
committed to the payment of 2,800 hours of facility rental for each year ended August 31st. For
the year ended December 31 , 2021, the District's liability is estimated at $651 ,059. For
succeeding years, this amount will be adjusted by any change in the Vancouver average all-in
consumer price index for the previous year.
f) Municipal Finance Authority demand notes
The District issues its debt instruments through the Municipal Finance Authority. As a condition of
these borrowings, a portion of the debenture proceeds is withheld by the Municipal Finance
Authority as a debt reserve deposit. The District also executes demand notes in connection with
each debenture whereby the District may be required to lend certain amounts to the Municipal
Finance Authority. Demand notes have been executed in the amount of $1,099,485 (2020 -
$1,099,485). These demand notes are contingent in nature and are therefore not recorded as
liabilities.
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Revenues not directly attributable to a specific segment are included in General Government &
Admin.
Amounts shown for operating expenses are the gross amounts including interfund eliminations
incurred by departments for all segmented activity.
General Government & Admin provides internal support services to Council and the community
and other departments who provide direct services to its residents. These internal departments
include the City Manager's Office, Corporate Services, Financial services, Information Technology,
Legal and Human Resources. Various corporate expenses not directly attributable to a specific
segment are included in General Government including but not limited to depreciation, climate
related events, interest on long term debt and third party claims.
Utility services provide planning , design, construction and maintenance for water distribution,
sewage collection, drainage, neighbourhood energy utilities and refuse removal services.
Transportation & Engineering provides planning, design, construction and maintenance of the
District's streets, street lighting, traffic control, transportation planning, utility and communication
corridors and project delivery services.
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Protective services includes Police, fire and rescue, natural hazards mitigation, bylaws and
emergency management. Emergency Management is a shared service provided by the District of
North Vancouver, the District of West Vancouver and the City of North Vancouver.
Community services includes programs that foster sustainable, creative and inclusive
communities for living and working. It also includes North Vancouver Museum and Archives
Commission (NVMA) and North Vancouver Recreation & Cultural Commission (NVRC) which are
shared services provided by the District of North Vancouver and the City of North Vancouver.
Planning and Development creates plans, programs and policies required for District wide and
community planning, zoning and subdivision. It also includes Real Estate and Properties.
Library services includes the District of North Vancouver Municipal Public Library (the "Library")
which enriches our community by connecting people , sharing knowledge and inspiring stories.
The Library is a welcoming community hub that provides free access to a wide range of public
resources and services to the residents of the District of North Vancouver.
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General
Transportation Protective Community Planning & 2021 2020
Government & Utility S ervices Library Service s Eliminations
& Engineering Services Services Development Consolidated Consolidated
Admln
Revenues
Taxation 115,856,623 115,856,623 104,703,219
Sales. fees and user charges
Water 30,864,402 (405,400) 30,459,002 28,980,942
Sewer 26,689,153 (13,306) 26,675,847 24,497,227
Solid waste 8,109,701 (286,236) 7,823.465 7,867,638
Parks, recreatioo and culture 10 10,963,462 115,905 11,079,377 7,844,239
Other 9,000,145 60,950 635,778 1,809,824 380,635 17,810,449 5,275,596 34,973,377 28,901,903
Transfers from go\e!Tlment
Federal Gm.emment 25,652 25,652
Pr01incial Go\e!Tlment 76,623 664,115 1,214,357 111 ,504 67,133 7,473,105 2,496,672 12,103,509 8 ,446,059
Regional Gm.emment 169,200 21,699 705,560 77,081 29,630 642,717 1,645,887 770,191
lmestment income 3,737,596 32,576 (316,938) 3,453,234 5 ,931,940
Land, sales and other contributions 4,531,267 227,710 823,691 265,828 5,439 42 ,543 1,132,505 7,028.983 15,231,172
133,371,464 65,973,615 2,005,453 3,847,872 11,831 ,086 17,912,651 7 ,657, 205 8,525,610 251,124 ,956 233.174,530
Operating expenses
Salaries and benefits 15,506,819 7,527,507 7,769,182 23,695,190 20,833,694 10,306,238 5,001,912 90,640,542 83,462,833
Goods and materials 1,487,395 1,357,169 808,465 248,923 1,300,799 106,686 950 5,310 ,387 4 ,862,057
Building and grounds 2,401,872 1,233,762 703,956 921 ,962 4,359,825 239,373 517,015 (704,178) 9,673,587 8 ,819,415
Equipment cosls (2,881 ,957) 3,293,351 1,088,015 990,333 1,467,895 263,765 239,208 4,460,610 4 ,219,021
Sen.ice costs 806,053 806,053 774 ,774
Administrati\,e costs 2,868,299 1,530,129 1,254,773 1,134,597 3,848 ,280 1,307,838 565,283 (31,181) 12,478,018 11,926,703
Contract seNces (352,369) 31,059,743 8,987 21,397,068 7,526,264 765,264 33,711 (7,262,794) 53,175,874 50,428,233
Grants 11 1,000 2,375,935 42,820 2,529,755 2,079,480
Debt interest 1,198,979 1,198,979 1,200,545
20,340,038 46,001 ,661 12,439,431 48,388,073 41,712,692 13,031 ,984 6,358,079 (7,998, 153) 180,273,805 167,773,061
Depreciation 7 ,517,109 4,639,286 6,004,576 316,097 2,513,676 531,669 21 ,522,413 20,933,021
27,857,147 50,640,947 18,444,007 48,704,170 44,226,368 13,031.984 6,889,748 (7,998,153) 201 ,796,218 188,706,082
Annual (Surplus) Deficit 105,514,317 15,332,668 (16,438,554) (44,856,298) (32,395,282) 4 ,880,667 767,457 16,523,763 49,328,738 44,468,448
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Operating Eiq>enditures
Community Services 42,607,397 43,133,471 526,074
Planning and Development 13,618,107 14,297,854 679,747
Protecti'.1:) Services 45,130,474 46,153,196 1,022,722
Transportation and Engineering 9,167,470 9,145,285 (22,185)
Utilities 49,796,437 49,796,437
Governance and Admin 18,556,768 18,405,336 (151,432)
178,876,653 180,931 ,579 2,054,926
Capital Expenditures 87,045,156 99,524,975 12,479,819
Debt Service 2,761,745 2,761 ,745
Contributions to:
Operating Reserves 3,271 ,566 3,696,959 425,393
Capital Reserves 55,173,972 55,510,460 336,488
58,445,538 59,207,419 761 ,881
Use of Funds $ 327,129,092 $ 342,425,718 $ 15,296,626
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The chart below reconciles the amended budget to the budget figures reported in these consolidated
financial statements.
Re-.enue
Operating budget $ 336,860,724
Capital budget 5,564,994
Total re-.enue per appro-.ed budget 342,425,718
Less:
Transfers from other funds (85,753,048)
Capital funding less repair and maintenance
Inter-agency eliminations (10,007,922)
Proceeds from debt (15,564,965)
Total re-.enues, as reported 231 ,099,783
Expenses
Operating budget 242,900,744
Capital budget 99,524,974
Total expenses per appro-.ed budget 342,425,718
Less:
Transfers to other funds (59,207,419)
Inter-agency eliminations (804,753)
Capital expenses, including major repair and maintenance (99,524,975)
Debt principal repayment (1 ,653,182)
Operating repair and maintenance funded as capital expenses 10,672,672
Total expenses as reported 191 ,908,061
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2021 2020
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Due to the COVID-19 pandemic in 2020, the District received the BC Safe Restart Grant of $6.4
million from the Province to help with COVID-19 financial impacts to the District's operations. The
schedule below details how the District utilized the grant funds in 2020 and 2021 . The remainder of
the funds have been placed in the COVID-19 safe restart reserve to be utilized to offset ongoing
COVID-19 impacts.
2021 2020
$ 3,250,660 $ 6,484,000
2,711,279 3,233,340
539,380 3,250,660
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THE CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Sections 5(4)
AS AT DECEMBER 31, 2021
125
CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Section 6(2)(a)
AS AT DECEMBER 31, 2021
Remuneration Expenses
126
CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Section 6(2)(b) & (c)
AS AT DECEMBER 31, 2021
127
CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Section 6(2)(b) & (c)
AS AT DECEMBER 31, 2021
128
CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Section 6(2)(b) & (c)
AS AT DECEMBER 31, 2021
129
CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Section 6(2)(b) & (c)
AS AT DECEMBER 31, 2021
130
CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Section 6(2)(b) & (c)
AS AT DECEMBER 31, 2021
131
CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Section 6(2)(b) & (c)
AS AT DECEMBER 31, 2021
132
CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Section 6(2)(b) & (c)
AS AT DECEMBER 31, 2021
133
CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Section 6(2)(b) & (c)
AS AT DECEMBER 31, 2021
134
CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Section 6(2)(b) & (c)
AS AT DECEMBER 31, 2021
135
CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Section 6(2)(b) & (c)
AS AT DECEMBER 31 , 2021
136
CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Section 6(2)(b) & (c)
AS AT DECEMBER 31, 2021
137
CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Section 6(2)(b) & (c)
AS AT DECEMBER 31, 2021
* Other - Includes retroactive pay, overtime, taxable benefits and other forms of remuneration which are not considen
a part of an employees' base salary.
138
CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Section 6(2)(d)
AS AT DECEMBER 31 , 2021
Salary Reconciliation
Add:
Salaries and Benefits
District of North Vancouver Municipal Public Library 4 ,966,270
North Vancouver Recreation & Culture Commission 9,685,839
North Vancouver Museum & Archives Commission 465,757
CDNV benefits 16,921 ,418
2021/2020 salary accruals 690,426
Less:
2021/2020 various liability top-ups 817,072
Salaries charged to capital accounts (2,320,755)
Salary amounts charged to liability accounts (2,360,662)
Capital overhead eliminated on consolidation, net of other adjustments {2,088 ,675)
139
CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Section 6(7)(a)&(b)
AS AT DECEMBER 31 , 2021
There were two severance agreements made between The Corporation of the
District of North Vancouver and its non-unionized employees during the 2021
fiscal year.
140
THE CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Sections 7(1)(a)&(b)
AS AT DECEMBER 31, 2021
141
THE CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Sections 7(1)(a)&(b)
AS AT DECEMBER 31, 2021
142
THE CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Sections 7(1)(a)&(b)
AS AT DECEMBER 31, 2021
143
THE CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Sections 7(1)(a)&(b)
AS AT DECEMBER 31, 2021
ICBC 318,481
lconix Waterworks 373,977
IDRS Data 46,668
Imperial Parking Canada Corporation 61,735
Infinite Roadmarking Ltd 159,256
Insight Software.com Inc 86,933
144
THE CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Sections 7(1)(a)&(b)
AS AT DECEMBER 31, 2021
145
THE CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Sections 7(1)(a)&(b)
AS AT DECEMBER 31, 2021
146
THE CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Sections 7(1)(a)&(b)
AS AT DECEMBER 31, 2021
147
THE CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Sections 7(1)(a)&(b)
AS AT DECEMBER 31, 2021
148
THE CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Sections 7(1)(a)&(b)
AS AT DECEMBER 31, 2021
149
THE CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Section 7(1)(c)
AS AT DECEMBER 31, 2021
Add:
CDNV Salaries & Benefits 63,382,082
Expenditures incurred by consolidated entities 4,133,298
Depreciation of tangible capital assets 21 ,522,413
Net change in inventory 1,973,594
Provisions, accruals and other net adjustments 7,621 ,665
Less:
Acquisition of tangible capital assets and deferred expenses (53,926,621)
Employer portion of employee benefits included in salaries (10,988,806)
Payments made to other taxing authorities (77,355,494)
Debt principal payments (1 ,653,182)
150
CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Sections 7(2)(b)
AS AT DECEMBER 31, 2021
151
THE CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Section 9(2)
AS AT DECEMBER 31, 2021
Andy Wardell
GM, Finance & CFO Council Member on behalf of Council
_ _ _ _ _ _ _, 2022 _ _ _ _ _ _ _, 2022
152
CORPORATION OF THE DISTRICT OF NORTH VANCOUVER
Statement of Financial Information
FIR Schedule 1, Section 9(3)
AS AT DECEMBER 31, 2021
MANAGEMENT REPORT
The Financial Statements contained in this Statement of Financial Information under the Financial
Information Act have been prepared by management in accordance with generally accepted
accounting principles, and the integrity and objectivity of these statements are management's
responsibility. Management is also responsible for all the statements and schedules, and for
ensuring that this information is consistent, where appropriate, with the information contained in
the financial statements.
Management is also responsible for implementing and maintaining a system of internal controls to
provide reasonable assurance that reliable financial information is produced.
The Mayor and Council are responsible for ensuring that management fulfils its responsibilities for
financial reporting and internal control and exercises this responsibility through the Finance and
Audit Standing Committee. The Committee meets periodically throughout the year as required.
The external auditors, KPMG LLP, conduct an independent examination, in accordance with
generally accepted auditing standards, and express their opinion on the financial statements.
Their examination does not relate to the other schedules and statements required by the Act.
Their examination includes a review and evaluation of the corporation's system of internal control
and appropriate tests and procedures to provide reasonable assurance that the financial
statements are presented fairly. The external auditors have full and free access to the Finance
and Audit Standing Committee.
_ _ _ _ _ _ _ _, 2022
153
THIS PAGE LEFT BLANK INTENTIONALLY
154
8.4
AGENDA INFORMATION
RECOMMENDATION:
THAT the report Council Remuneration and Expenses Paid During 2021 be approved.
The Finance and Audit Committee has reviewed and recommends that the report Council
Remuneration and Expenses Paid During 2021 be approved.
(1) At least once a year, a council must have prepared a report separately listing the
following for each council member by name:
(a) the total amount of remuneration paid to the council member for the discharge
of the duties of office, including any amount specified as an expense
allowance;
(b) the total amount of expense payments for the council member made to the
council member as reimbursement for expenses incurred by the council
member or as an allowance that is not reported under paragraph (a);
(c) the total of any benefits, including insurance policies and policies for medical or
dental services, provided to the council member or the member's dependants;
(d) any contracts reported under Section 107 (disclosure of contracts with Council
members and former Council members), including a general description of their
nature.
Section 107
No Section 107 contracts exist.
Respectfully submitted,
£_
Elio Iorio
Manager, Financial Services
REVIEWED WITH:
RECOMMENDATION:
THAT Bylaw 8581 , to amend the Fees and Charges Bylaw, be given first, second and third
readings .
ANALYSIS
On May 22, 2020, the Provincial Liquor and Cannabis Regulation Branch (LCRB) issued
Policy Directive 20-13 enabling food primary (e.g. restaurants), liquor primary (e.g. pubs),
and manufacturing licensees (e.g. wineries, breweries and distilleries) to apply for a
Temporary Expanded Service Area (TESA) Authorization. All TESA authorizations were
originally set to expire on October 31 , 2020. After two previous extensions, on April 7, 2022,
the Province issued Policy Directive 22-05 further extending the expiry of TESA
authorizations until March 31, 2023.
As noted by the Province, these amendments will support local governments by providing
additional time to review applications where required for permanent expansions to licensed
service areas, and also to update any associated policies or requirements . It will also support
local businesses, including licensees by providing additional time to apply for a permanent
expansion to their service area, and mitigate risks of disruption in the use of the expanded
area during the application process.
The District has approved 43 Temporary Outdoor Business Areas both on-site (private
property) and off-site (public property, such as road allowances). Businesses continue to look
for ways to accommodate physical distancing, and the Temporary Outdoor Business Area
program allows for an increase in the size of the existing service areas and increased
person/patron capacities. Businesses have expressed that the Temporary Outdoor Business
Areas program should be extended, and are looking for innovative ways to attract patrons.
Staff will contact each business owner that has an approved Temporary Outdoor Business
Area, to discuss any changes in the policy and guidelines. The existing approvals will be
extended until March 31, 2023, if requested by the business owner and if the space for the
patio is available. Staff will also continue to expedite any new applications for Temporary
Outdoor Business Areas.
CONCLUSION
Temporary patio spaces and outdoor business areas are tools for businesses to expand their
service areas to allow for continued physical distancing. The amendment to the Fees and
Charges Bylaw will set the bylaw fees at $0.00 for Temporary Outdoor Business Areas
through to March 31, 2023.
Options:
1. THAT Bylaw 8581 , to amend the Fees and Charges Bylaw, be given first, second and
third readings; (Staff Recommendation)
OR
Respectfully submitted,
~
Janine Ryder
Manager, Real Estate and Properties
REVIEWED WITH:
Bylaw 8581
The Council for The Corporation of the District of North Vancouver enacts as follows:
Citation
1) This bylaw may be cited as "Fees and Charges Bylaw 6481, 1992 Amendment
Bylaw 8581, 2022 (Amendment 80)".
Amendments
c) by changing the dates under the heading "Building Permit Fee" in Schedule "B"
from June 1, 2022 - March 31 , 2023;
d) by changing the date in the last row under the heading "Development Permit -
Major'' in Schedule "B" from June 1, 2022 - March 31, 2023;and,
e) by changing the date in the first row under the heading "Permit" in Schedule "B"
from June 1, 2022 - March 31 , 2023.
3) Bylaw 8443, 2020 is amended as follows: by changing the date in section 2(f) from
June 1, 2022 - March 31, 2023.
ADOPTED
Document: 5613742
161
Certified a true copy
Municipal Clerk
Document: 5613742
162
8.6
AGENDA INFORMATION
RECOMMENDATION:
1. THAT staff are directed to initiate engagement on secondary suite size regulations and
incentives and report back to Council on engagement results, along with
recommendations for changes to the secondary suite program for Council's consideration;
2. THAT staff are directed to initiate engagement on priority sensitive infill housing types and
report back to Council on engagement results, along with recommendations for future
policy work for Council's consideration;
3. AND THAT staff are directed to initiate engagement on short-term rental regulations and
report back to Council on engagement results, along with recommendations for a
regulatory framework for Council's consideration.
SUMMARY:
This report provides information on the proposed community engagement activities and
timeline related to secondary suites, sensitive infill housing types, and short-term rentals.
This report also seeks Council's direction to initiate public engagement and report back with
findings and recommendations.
BACKGROUND:
Increasing housing diversity in single family residential neighbourhoods has been identified
as a priority in numerous District policies and initiatives. Single family neighbourhoods have
been slowly evolving to accommodate changing housing needs. Secondary suites and coach
houses, for example, have provided rental housing options, flexible living arrangements, and
the potential for supplementary rental income for families. Opportunities exist to continue
looking at single family neighbourhoods and exploring how to better accommodate the
changing needs of residents.
In 2018, Council directed staff to look at secondary suite incentive options and in 2019, the
BC Building Code was changed to remove maximum secondary suite size regulations. To
encourage the creation of larger, more family-friendly secondary suites, staff are proposing
increasing the maximum suite size in the District's Zoning Bylaw. A minimum suite size is
also being proposed to ensure the liveability of smaller suites.
There are a number of options that can be considered to expand current sensitive infill types,
such as coach houses, Small Lot Infill Areas (SLIAs), and duplex, triplex, and fourplex
developments, or to create new ones, such as allowing multiple accessory units on a lot.
Interest has been expressed by some members of Council to review the District's coach
house program in particular.
Finally, short-term rentals (residential units that are rented for a short period of time via
online platforms) can provide flexible supplemental income to households while also
indirectly supporting local businesses. Although they are not currently permitted in the
District, by introducing a regulatory framework, we can better manage potential nuisances
and help maintain long-term rental stock. Council, the public, and the Rental, Social and
Affordable Housing Task Force have provided previous input on this topic. Further feedback
on outstanding questions is desired before bringing forward a new regulatory framework for
Council's consideration.
Further engagement on one or all of these topics is recommended in order to understand the
community's priorities and preferences.
DISCUSSION:
At the April 11, 2022 Council Workshop, the Committee discussed opportunities to increase
housing diversity in single family neighbourhoods, including options for secondary suites,
sensitive infill, and short-term rentals. A summary of the proposed options and comments
heard at the workshop is provided below.
Secondary Suites
Staff proposed increasing the maximum size of secondary suites from 90 m2 (969 ft2 ) to 130
m2 (1,400 ft2 ) or 40% of the gross floor area of the single family home after permitted floor
area deductions, as well as introducing a minimum suite size requirement of 30 m2 (323 ft2 ) .
The Committee indicated general support for the proposal, and also expressed interest in
exploring larger suite sizes, accommodating more above-grade suites, and other financial or
regulatory incentives for homeowners to build suites in their homes. In response to the
Committee's comments, staff propose to expand the consultation approach for secondary
suites as follows:
• Obtain feedback on the proposed maximum and minimum secondary suite sizes
(original approach);
• Identify current barriers faced by homeowners and developers to constructing
secondary suites in existing or newly built homes (new);
• Understand preference on potential incentives that could encourage the construction of
more secondary suites (e.g. utility or building permit fee reductions, grants) (new); and
• Obtain feedback on and explore zoning changes necessary to promote suites that are
partially above-grade (new).
The Committee also suggested streamlining the building permit review process for
secondary suites and registering restrictive covenants to secure the long-term use and/or
affordable rent levels of secondary suites. These approaches are not recommended by staff
as significant resources would be required to implement and enforce these programs.
Further, the Committee had suggested reducing municipal property taxes for single family
homes with secondary suites. The District does not have the ability to set a different
municipal tax rate for a home with a secondary suite as municipal tax rates are based on
property class and applied to the assessed value of a property, which are both set by BC
Assessment.
Upon completion of community engagement, staff will review feedback and refine or confirm
proposed changes to size regulations. Staff will also report back on potential next steps and
incentives that would be most impactful for incentivizing the creation of more secondary
suites. Next steps could include further assessment of the incentives preferred by the public,
as well as an assessment of the overall impact they may have on the community (e.g.
reduced revenue for the District or increased utility fees for other properties).
Sensitive Infill
During the workshop, the Committee discussed infill housing opportunities that could be
expanded in the District, as well as potential concerns. These included:
However, it was noted that not moving forward with a broader range of housing options
would also have impacts on the affordability and availability of housing and that even more
options may need to be considered. With approximately 55% of the District's land area under
single family zoning, enabling more housing options in these areas could have a significant
impact on increasing housing diversity.
Staff propose initiating engagement to obtain the community's insight into the types of infill
housing that should be prioritized, and what potential concerns need to be addressed. Staff
will report back with engagement findings and provide Council with recommendations for
future policy work, additional analysis and any further engagement that may be required.
Short-term Rentals
At the workshop, the Committee indicated a desire to set a limit on the number of days a
short-term rental can operate in order to avoid impacting the long-term rental market.
Committee members also commented that single family areas are permitted to have other
uses (e.g. home based business, child care, suites) and how these would overlay with short-
term rentals needs to be considered . Alignment of the District's proposed STR regulations
with the City of North Vancouver and District of West Vancouver, and the need for a more
proactive approach to enforcement were also discussed.
Staff have investigated the feasibility of including a limit on the number of days a short-term
rental can be operated, also known as a night cap. The experiences of other jurisdictions has
shown that enforcement of a night cap to be challenging, if not impossible. Enforcement
requires voluntary data sharing by short-term rental platforms, in addition to significant
municipal resources for data analysis, tracking, and observation to ascertain the number of
booked nights. Even with these enforcement tools in place, there are limitations on
achievable accuracy which ultimately will reduce the ability to enforce regulations.
A principal residence requirement, where short-term rentals are only permitted in a principal
dwelling unit (owned or rented), has been shown to be effective at limiting the frequency of
short-term rental activity and is easier to enforce. A principal residence dwelling unit is
where someone lives most of the year, pays their bills, cooks meals, and receives
government mail.
When residents were last consulted on short-term rentals, 64% of survey respondents were
supportive of the proposed regulatory framework. The most common comments from those
in support of a regulatory approach was a desire to see STRs permitted in secondary suites,
coach houses, and/or multi-family dwellings.
Staff propose proceeding with engagement on a regulatory approach for short-term rentals ,
with a particular focus on the following questions:
• Should short-term rentals be permitted in secondary suites and coach houses?
• Should short-term rentals be permitted in multi-family dwellings?
• Should short-term rental licences be issued to renters (with owner permission) in all
housing types where short-term rentals are permitted?
Upon completion of community and stakeholder engagement, staff will report back to Council
on engagement results, along with recommendations for a regulatory framework and
enforcement strategy for Council's consideration. Further, staff will report back with an
analysis and recommendations regarding the potential impacts of compounding uses on
single family properties.
Similar to the District of North Vancouver, the City of North Vancouver and District of West
Vancouver have not yet developed regulatory frameworks for short-term rentals. A
comprehensive scan of municipal short-term rental regulatory approaches will be compiled
and used to further inform the District's proposed framework.
Public Engagement
Engagement will seek to understand the community preferences and priorities on each of the
following topics:
• Secondary Suites: Proposed changes to the District's suite size regulations and
other potential incentives or barriers to building secondary suites;
• Sensitive Infill: The potential for various types of sensitive infill housing; and
• Short Term Rentals: Options for a regulatory framework for short term rentals.
Should the proposed motions included in this report be approved, the recommended
approach is to conduct the engagement on all the topics concurrently. A single webpage
would be created with information about each topic, and virtual and/or in-person open
houses would also cover all three topics. The online engagement tool (e.g. survey) would
allow respondents to choose to provide feedback on all topics or only those which interest
them most. Additional stakeholder outreach is planned specifically for Short Term Rentals to
ensure feedback is received from businesses that may be impacted.
In addition, staff will be targeting outreach to other stakeholders, such as youth and members
of the housing sector (e.g. builders), to gather input and feedback. Given that the topic of
short-term rentals is of particular interest to the local tourism sector, outreach to Vancouver's
North Shore Tourism Association (VNSTA) is planned.
T bl 1 0 f • • d • • t
Estimated ,
· Description Timing
- - ~- - - ---- - - --- - -- -- - --- -- - - - - -- - -· - -- - - -
Open At least three virtual open houses will be hosted, one for each of the three Early June
Houses topics. If significant interest is expressed , additional virtual open houses
(virtual) could be hosted. At each virtual open house, participants will be able to
learn about the topic of focus, explore the proposed next steps, share
ideas, and provide feedback.
The virtual open houses will be in addition to any in-person events
(described below). The virtual open houses will be interactive and offer
opportunities for questions and contributions (e.g. real-time polls,
facilitated break-out discussion groups and note takers).
Online The community will be encouraged to use the District's online engagement May-
Engagement tool at any point during a three-week period to learn about each of the June
Tool topics and to share ideas and provide feedback.
Feedback collected through the online engagement tool will be considered
alongside input gathered at the open houses, and will be summarized for
Council's information.
Open House One in-person open house is planned, pending considerations relating to in- Late May
(in-person, person events and the status of the ongoing COVID-19 pandemic. - Early
tentative) This will provide an additional opportunity for engagement and to access June
audiences that might not otherwise participate. (tentative)
Guests will be able to visit at any point during the open house. The date,
time, and location of the open house will be posted on the District's website,
and promoted via social media and other communication channels.
Pop-Ups Pop-ups will be held in high pedestrian traffic locations across the District, May -
such as libraries or recreation centres. The purpose is to provide people June
who are interested with a brief overview of each topic and let them know
how they can provide their feedback, including through the virtual or in-
person open houses and the online survey. Dates, locations, and times of
these pop-ups will be posted on the District's website and promoted via
social media.
Results from the public engagement will be used to inform the next steps for each of the
topics. For secondary suites, feedback will be used to refine or confirm proposed changes to
size regulations and to determine what incentives will be most impactful for incentivizing the
creation of secondary suites. Feedback on sensitive infill housing types will be used to help
prioritize, and inform, future policy work. On short term rentals, feedback will help to inform
the proposed regulatory framework.
Public involvement on these topics will fall within the CONSULT area of the District's Public
Engagement Spectrum. The commitment we are making is that the District will keep the public
informed, listen to and acknowledge their concerns and aspirations in developing solutions.
The District will report back to the public on how their input has influenced decisions.
"We will keep you "We will listen to "We will keep you "We will work with "We will look to "We will
informed. We will you and learn informed, and you to ensure you for advice implement
provide information about your plans, listen to and your concerns and and innovation in what you
that is timely, views, and issues; acknowledge your aspirations are formulating decide."
accurate, balanced, and work to concerns and directly reflected solutions, and we
objective, and easily understand your aspirations in in the alternatives will incorporate
understood. We will concerns, developing final developed, and your
respond to q uestions expectations, and solutions, and we we will report recommendations
for clarification and ideas." will report back to back on how you r into the decisions
direct you to sources you on how your input influenced to the maximum
of additional input influenced the decision." extent possible."
information." the decision."
Next Steps
Staff propose to proceed with public engagement for any of the topics as directed by Council.
Engagement is described in Table 1 and could happen concurrently on all three topics or as
otherwise directed. Staff will report back to Council on the findings from the public
engagement process. The anticipated timing to report back on the engagement results and
next steps is Q3-Q4 2022.
Concurrence:
Community Planning has worked closely with the Communications Department to prepare
the public engagement plan as summarized in this report.
Conclusion:
In respons_e to Committee direction provided on April 11, 2022, staff have prepared a
detailed public engagement plan that outlines how input on secondary suites, sensitive infill,
and short term rentals will be gathered . Engagement is anticipated for May-June 2022. A
report back to Council on the public engagement findings is anticipated for Q3-Q4 2022.
Options:
1. THAT staff are directed to initiate engagement on secondary suite size regulations and
incentives and report back to Council on engagement results, along with recommendations
for changes to the secondary suite program for Council's consideration;
THAT staff are directed to initiate engagement on priority sensitive infill housing types
and report back to Council on engagement results, along with recommendations for
future policy work for Council's consideration;
AND THAT staff are directed to initiate engagement on short-term rental regulations
and report back to Council on engagement results, along with recommendations for a
regulatory framework for Council's consideration. (staff recommendation)
Document Number: 5595315
169
SUBJECT: Housing Options for Single Family Neighbourhoods: Public Engagement
April 20, 2022 Page 8
OR
Respectfully submitted ,
Ryan Gilmore
Community Planner
~~
Community Planner
REVIEWED WITH:
172
Attachment 1
AGENDA INFORMATION
0 Council Workshop Date: April 11, 2022
0 Finance & Audit Date:________
□ Advisory Oversight Date:________
□ Other. Date: -------- Dept
Mana
RECOMMENDATION:
THAT the Committee recommend to Council:
THAT staff are directed to initiate engagement on secondary suite size regulations and
report back to Council on engagement results, along with proposed Zoning Bylaw
amendments for Council's consideration;
THAT staff are directed to initiate engagement on priority sensitive infill housing types
and report back to Council on engagement results, along with recommendations for
future policy work for Council's consideration;
AND THAT staff are directed to initiate engagement on short-term rental regulations and
report back to Council on engagement results, along with recommendations for a
regulatory framework for Council's consideration.
173
SUBJECT: Housing Options for Single Family Neighbourhoods
March 30, 2022 Page 2
SUMMARY:
Single family neighbourhoods have been slowly evolving to accommodate changing housing
needs. Secondary suites and coach houses, for example, have provided valuable rental
housing options, flexible living arrangements, and the potential for supplementary rental
income for families.
In response to recent changes to the BC Building Code, an opportunity exists to increase the
size of secondary suites in the District to encourage and reduce barriers for the creation of
larger, family-friendly suites. Complementary changes could also be considered to introduce
a minimum secondary suite size that would maintain the liveability of smaller suites. At the
regular meeting of Council on July 23, 2018, Council passed a motion directing staff to
prepare a report on secondary suite incentive options for Council's consideration. The
proposed changes to secondary suites discussed in this report would reduce barriers to and
encourage the creation of larger secondary suites.
Opportunities also exist to expand current options for sensitive infill, such as coach houses,
Small Lot Infill Areas (SLIAs), and duplex, triplex, and fourplex developments. Some
Councillors have expressed a particular interest in reviewing the District's coach house
program, which was last updated in January 2020. New opportunities may also be possible,
such as allowing multiple accessory units on a lot. These could increase rental and
homeownership options within single family neighbourhoods and make more efficient use of
municipal infrastructure, while maintaining the scale and character associated with lower
density single family areas.
Short-term rental (STR) refers to the rental of a residential dwelling unit facilitated by online
platforms for a short period of time, and can provide flexible supplemental income to
households while also indirectly supporting local businesses. Short-term rentals are
currently not permitted in the District. However, regulating short-term rentals is important to
ensure safe operation, manage potential nuisances, and to maintain long-term rental stock.
At the November 25, 2019 Council Workshop, Council expressed a desired to see short-term
rentals referred to the Rental, Social and Affordable Housing Task Force for feedback.
Council received the Task Force's final report in September 2021 and staff are now reporting
back to Council on next steps for a short-term rentals regulatory framework.
This report provides background on work completed to-date related to secondary suites,
sensitive infill, and short-term rentals, and makes recommendations to initiate public
engagement for each of these topics.
EXISTING POLICY:
The District has historically supported adding housing options within single family
neighbourhoods in the form of secondary suites and coach houses, or designating the use of
Small Lot Infill Areas, which enables subdivision of larger lots into smaller lots. There is also
considerable Council direction and supporting policy to expand housing diversity options in
single family neighbourhoods through sensitive infill, as identified below.
174
SUBJECT: Housing Options for Single Family Neighbourhoods
March 30, 2022 Page 3
Rental, Social and Affordable Housing Task Force (RSAHTF) Final Report (2021):
Proposed High Seek opportunities to increase housing diversity through sensitive infill
Priority Action (E.) beyond the Town and Village Centres, such as duplexes, triplexes,
townhouses/rowhouses, and more coach houses in locations near
transit, employment, or both.
DISCUSSION:
The following sections provide an overview of each of the three topics that are the focus of
this report (secondary suites, sensitive infill, and short-term rentals), including work to date
and recommended next steps.
175
SUBJECT: Housing Options for Single Family Neighbourhoods
March 30, 2022 Page 4
Secondary Suites
The District has permitted secondary suites in single family homes since 1997. They are
currently permitted in:
• All single family residential zones;
• Three comprehensive single family development zones (CD14, CD34, and CD88); and
• Two multi-family residential zones (RM1 and RM2).
Secondary suites are a critical component of the District's rental housing stock, benefiting a
diverse group of residents such as renters looking for ground-oriented housing, homeowners
seeking rental income, and inter-generational and extended families. According to the 2020
Pace of Development, over 6,290 secondary suites had been approved in the District by the
end of 2020. This comprised 70% of the District's market rental housing stock. The 2020
Pace of Development also indicates there is an estimated demand for an addition 640 new
secondary suites by 2030.
To provide local governments with greater opportunities for the creation of affordable housing
options, the BC Building Code was revised in December 2019 to:
• Eliminate the prescribed maximum sizes for secondary suites (previously 90m2 or 40%
of the total building's residential floor area); and
• Permit the construction of secondary suites in more types of ground-oriented housing,
such as certain duplexes and townhouses (previously only permitted in single family).
With the most recent changes to the BC Building Code, the District has the opportunity to set
its own size restrictions and broaden where secondary suites can be located, in alignment with
existing District policies and Council directions. A review of secondary suite regulations was
identified by staff in a November 2020 Report to Council in response to recommendations
made by the Rental, Social and Affordable Housing Task Force in their Interim Report.
The current restriction on the size of a secondary suite in the District is a maximum of 90 m2
(969 ft2 ) or 40% of the residential floor area, whichever is less. There is no minimum size
requirement. The following amendments to secondary suite size regulations are proposed:
• Increase the maximum secondary suite size to 130 m2 (1,400 ft2 ) or 40% of the gross
floor area of the single family home after permitted floor area deductions, whichever is
less (common floor area deductions may include portions of basements below grade,
balconies, and parking structures per Section 410 of the Zoning Bylaw); and
• Introduce a 30 m2 (323 ft2 ) minimize secondary suite size requirement to maintain
liveability.
Staff believe that the proposed changes would reduce barriers to and encourage the creation
of larger secondary suites, as called for in the OCP. The proposed changes would apply to
all zones that permit secondary suites. Generally, properties within the majority of affected
zones would be able to achieve secondary suites that are larger than the current maximum
size requirement of 90 m2 (969 ft2); however, this would depend on the size of the specific lot
or single family building.
176 Document Number: 5510136
SUBJECT: Housing Options for Single Family Neighbourhoods
March 30, 2022 Page 5
Staff recommend seeking community feedback on the proposed secondary suite size
regulations. Engagement would include information on the District's website, an online
feedback form, and virtual and/or in-person open houses. Staff will report back to Council
with engagement findings, and depending on the outcomes, provide draft Zoning Bylaw
amendments for Council to consider.
Staff will explore how to take advantage of the other BC Building Code changes, such as
permitting secondary suites in other ground-oriented housing types (e.g. duplexes), as part of
the sensitive infill options discussed below. Council in the past has approved lock-off units in
multi-family developments and can continue to consider these on a case-by-case basis.
Sensitive Infill
Infill housing can generally be described as housing that fits within an existing
neighbourhood without significantly altering its character or appearance. It can increase
rental and homeownership options and make more efficient use of existing municipal
infrastructure, while maintaining the scale and character associated with lower density single
family areas.
There are various types of sensitive infill housing that currently exist across the District,
including:
• Coach houses;
• Small Lot Infill Areas; and
• Duplex, triplex, and fourplex developments.
A map showing the locations of existing coach houses and Small Lot Infill Areas is provided as
Attachment 2. Examples of all three types of infill housing in the District are in Attachment 3.
A new approach that could be explored in the District is multiple accessory units on one lot.
This might include allowing secondary suites and coach houses on the same lot or allowing
secondary suites in duplexes.
Further to Council's direction under the Heritage Strategic Plan (2019) and input received
from the District's Heritage Advisory Committee, some of these types of sensitive infill could
also be explored in the context of heritage preservation. Various policy mechanisms (e.g.
density bonus zoning) could be used to enable the preservation of heritage properties with
sensitive infill. This is particularly relevant to the discussion on duplex, triplex, and fourplex
developments and multiple accessory units on one lot.
The history, status, and potential avenues of future exploration for new and existing sensitive
infill types in the District are discussed below.
177
SUBJECT: Housing Options for Single Family Neighbourhoods
March 30, 2022 Page 6
Coach Houses
The District's coach house program began in 2014. Interested property owners were
required to apply for a Development Variance Permit (DVP), essentially to allow a
secondary suite to be detached from the main house. The DVP process was selected to
provide Council with the opportunity to review all initial coach house applications since
this was a new housing form in the District at the time.
Between 2015 and 2018, a total of eighteen coach houses were approved through the
Development Variance Permit process, averaging between three and four coach houses
per year. This was fewer than the five to twenty-five applications per year anticipated
when the program began.
In January 2020, after a public engagement process, Council approved a more streamlined
coach house program:
1. A simplified, building permit only approval process for one-storey coach houses on
lots at least 15 m (49.2 ft.) wide, that met one of the following criteria:
o Open lane access; or
o Corner lot on a local street.
2. The continued use of the Development Variance Permit process so that Council may
consider on a case-by-case basis two-storey coach houses and coach houses on:
o Lots greater than 929 m2 (10,000 ft2) with no lane access;
o Double-fronting lots (two street frontages) at least 15 m (49.2 ft.) wide; or
o Corner lots on collector or arterial streets.
A summary of coach house applications received from January 2020, when the above
changes were implemented, to March 8, 2022 is provided as Attachment 5. Eighteen
applications have been submitted within this time frame:
• Eleven building permit applications (seven approved and four in progress); and
• Seven DVP applications (six approved and one in progress).
Table 1, below, summarizes the total number of coach houses approved, constructed, and
in progress since 201 4 when the coach house program began. It also shows the number
of storeys and whether the coach house was approved through a Development Variance
Permit or Building Permit process.
178
SUBJECT: Housing Options for Single Family Neighbourhoods
March 30, 2022 Page 7
To increase the uptake of coach houses in the District, several strategies could be
investigated, such as:
• Allowing a wider range of lots to be eligible to build a coach house, whether one
storey or two storeys (e.g. reducing minimum lot width or lot area requirements so
that coach houses could be developed on smaller lots);
• Further streamlining the process to allow more applications (e.g. one storey
applications on lots over 929 m2 (10,000 ft2 ) with no lane access) to go straight to
the building permit stage;
• Allowing more coach house applications (e.g. two storey coach houses) to be
approved through a process delegated to staff for review, which may include the
creation of a Coach House Development Permit Area;
• Reducing parking requirements and side yard setbacks to facilitate the reduction of
lot width or area requirements, thereby enabling smaller lots to be able to have a
coach house;
• Exploring options to enhance liveability and functionality (e.g. allowing crawlspaces
for storage or allowing full-height basements); and
• Updating the guidelines in the Coach House How-To Guide if any of the above
strategies are implemented to address potential concerns related to overlook and
other key issues.
179
SUBJECT: Housing Options for Single Family Neighbourhoods
March 30, 2022 Page 8
Small lot infill is one way to achieve a modest increase in housing units while retaining the
single family nature of a neighbourhood. Smaller houses with smaller environmental
footprints may be suitable for young families, seniors wanting to age in place and others
looking to downsize. They can also offer a level of affordability compared to larger
houses on larger lots.
It should be noted that not all large lots within SLIAs have or will be subdivided into
smaller lots. In some instances, owners may not wish to subdivide. In other cases,
technical challenges such as drainage, high groundwater table, and access in the area
may need to be resolved before a small lot subdivision can proceed. All of these issues
can increase cost and complexity for applicants and can sometimes require coordination
between neighbours and the District (e.g. lane improvements).
The District's OCP includes policy directions to undertake Neighbourhood Infill Plans and/or
Housing Actions Plans where appropriate to identify potential infill areas near Town and
Village Centres, and/or to designate additional SLIAs. This could be advanced by:
• Investigating the interest and capacity to accommodate smaller lots in areas of
transition between Town and Village Centres and single family neighbourhoods
where new SLIAs could be designated; or
• Reviewing opportunities to enable more lots to be eligible for subdivision in existing
SLIAs (e.g. consider reducing the current minimum lot width of 10 m (33 ft.) so that
smaller lots are able to subdivide).
The District has approximately thirty duplex, triplex, and fourplex developments that are
outside of Town and Village Centres and close to single family neighbourhoods. This
report is focused on the potential for these infill options to be embedded within single
family neighbourhoods, rather than on large lots within Town and Village Centres meant
for comprehensive development.
180
SUBJECT: Housing Options for Single Family Neighbourhoods
March 30, 2022 Page 9
Multiple Accessory Units on One Lot (Secondary Suites & Coach Houses or Duplexes
with Secondary Suites)
Accessory units is a general term that refers to smaller units on a residential property,
which may be attached to the primary residence, or detached. In the District, accessory
units include secondary suites and coach houses. Accessory units can be a key source
of housing for seniors looking to downsize, multi-generational families, and young people
or families looking for rental options.
In a public survey conducted in fall 2018 as part of the public engagement on the coach
house program, 76% of respondents (108 people out of 142) expressed that the District
should consider allowing both coach houses and secondary suites on the same lot in
single family neighbourhoods. More recently, feedback received during the OCP
Targeted Review Engagement process highlighted the importance of increasing the
diversity of housing forms and tenures in the District to meet the needs of people at all
stages life.
The District's Zoning Bylaw does not currently permit both a secondary suite and a coach
house on the same single family lot. The City of North Vancouver and the District of West
Vancouver both permit secondary suites and coach houses on the same lot as long as
certain criteria are met (e.g. sufficient unused floor area, minimum 10 m (33 ft.) lot width,
the owner resides on the property, and parking requirements are met).
As noted earlier, the BC Building Code was updated in 2019 to permit the construction of
suites in more types of ground-oriented housing, such as duplexes and townhouses.
Both the City of North Vancouver and the District of West Vancouver also allow
secondary suites in duplexes.
As part of the work to expand housing options in the District, the following could be
explored:
• Identifying criteria for lots where both secondary suites and coach houses could be
considered (e.g. establishing lot area, width, and/or depth requirements);
• Identifying existing duplex areas where secondary suites could be considered; or
• Identifying the heritage properties where secondary suites and coach houses or
duplexes with secondary suites could be appropriate in exchange for heritage
preservation.
Identifying the types of sensitive infill housing that are of the most interest to residents will
help to prioritize future policy work on these topics. Expanding the District's existing
approaches to infill housing and considering new ones would support residents in continuing
to live in their community by providing more options to suit their different ages, needs, and
incomes.
181
SUBJECT: Housing Options for Single Family Neighbourhoods
March 30, 2022 Page 10
Short-Term Rentals
Short-term rental (STR) refers to the rental of a residential dwelling unit (either the entire unit
or a room), within any housing type, for a short period of time (generally less than 30 days).
Short-term rentals are facilitated by online platforms (e.g. Airbnb), and primarily used by
visitors and tourists. Short-term rentals first appeared in San Francisco in 2008 and were
initially seen as a way to earn some supplementary income and provide low cost visitor
accommodation in expensive locations. Since then there has been a substantial expansion
in short-term rentals across Canada. The business model has also shifted from home
sharing to the rental of entire homes and non-principle dwellings at the expense of long-term
rental housing units.
With the expansion of STRs, many local communities have encountered negative impacts
associated with short term accommodation. These have included nuisances such as noise
and parking, and the loss of long-term rental housing. Local governments have responded
by developing regulatory and enforcement frameworks.
In 2017, Council considered the growing impact of short-term rentals in the District and
directed that a regulatory approach be prepared. Table 2, below, provides a summary of
Council and public engagement.
November 28, 2017 Council Workshop on the impact of short-term rentals and
re ulato o tions.
June 1 1, 2018 Report to Regular Council on a draft regulatory framework and
b laws.
June - August 2018 Public engagement on the draft regulatory framework (online
surve and three o -u events .
November 25, 2019 Council Workshop on engagement findings and three revised
options. Committee directed staff to engage with Rental, Social
and Affordable Housi
Option 1: Allow STRs in single family homes, secondary suites, and coach houses (staff
recommendation).
Option 2: Allow STRs in single family homes, secondary suites, coach houses, and
multi-family units.
Option 3: Allow STRs in single family homes only.
182
SUBJECT: Housing Options for Single Family Neighbourhoods
March 30, 2022 Page 11
Following the 2019 workshop, staff identified the following outstanding items that emerged
from the discussion of options and which appeared to require additional engagement or
analysis:
• whether to permit STRs in suites, coach houses, and in multi-family units;
• whether to grant STR licenses to tenants (with permission of the owner); and
• whether time limits on STR listing are feasible (e.g. maximum number of nights per year).
Since 2019, the number of STR listings in the District has decreased from 960 in November
2019 to 520 in December 2021. Similarly, the number of STR-related complaints peaked in
2019 at 22 and dropping to seven in 2021. The above trends highlight the impact the
COVID-19 pandemic has had on STRs in the District.
Additionally, over the past two years best practices for regulating STRs have emerged that
allow for customizing regulations to fit the context of different communities. Five Metro
Vancouver municipalities now have regulatory frameworks in place and four others are in the
process of developing regulations. The lessons learned from other jurisdictions will be
valuable when finalizing a regulatory framework for the District.
Given that staff sought feedback from the Rental, Social, Affordable Housing Task Force and
that considerable time has elapsed since Council or the public has been engaged on the
topic of short-term rentals, staff recommend seeking further community feedback on the
proposed regulatory framework, with a particular focus on the outstanding questions outlined
above.
Public Engagement
Engagement on secondary suites, sensitive infill, and short-term rentals will seek to
understand the community preferences and priorities. Engagement will use a variety of
techniques for community and stakeholder input, including virtual open houses and use of
the District's online engagement platform, and potentially in-person pop-up open houses if
public health guidance and timing permits. A brief overview of the proposed engagement
activities and timelines is provided in Table 3.
183
SUBJECT: Housing Options for Single Family Neighbourhoods
March 30, 2022 Page 12
Staff are recommending that the engagement for each of the three topics take place
concurrently. This would encompass a singular webpage with information on all three topics.
Virtual and/or in-person open houses would cover all three topics. The online engagement
tool (e.g. survey) would allow respondents to choose to provide feedback on all or only those
housing types which interest them most.
Next Steps:
Should the Committee endorse staff's recommendation and forward this report to Council,
staff would prepare a subsequent report for the next available Regular Meeting of Council.
That report would seek direction to proceed with public engagement on the single family
housing options discussed above and will provide additional details on the proposed
engagement activities. Subject to Council's direction, staff will initiate public engagement
and report back to Council with findings and recommendations for Council's consideration.
Concurrence:
The Communications department has reviewed the proposed engagement plan and support
the recommendation for a combined engagement on the topics of this report.
Conclusion:
Increasing housing diversity in single family neighbourhoods will help to meet the needs of
residents of all ages, incomes, abilities, and household types. A number of District policies
and plans recommend exploring the expansion of housing options in single family
neighbourhoods through sensitive infill. By exploring these diverse housing options, the
District will be supporting young families as they seek ways to stay in the community,
children as they grow up and move out of the family home, seniors as they look to age in
place, and families wishing to live together in multi-generational homes.
184
SUBJECT: Housing Options for Single Family Neighbourhoods
March 30, 2022 Page 13
Options:
1. THAT the Committee recommend to Council:
THAT staff are directed to initiate engagement on priority sensitive infill housing
types and report back to Council on engagement results, along with
recommendations for future policy work for Council's consideration;
OR
Respectfully submitted,
Ryan Gilmore
Community Planner
.
!SI�
Community Planner
185
SUBJECT: Housing Options for Single Family Neighbourhoods
March 30, 2022 Page 14
REVIEWED WITH:
0 Community Planning 0 Clerk's Office External Agencies:
□ Development Planning □ Communications 0 Library Board
0 Development Engineering 0 Finance □ NS Health
□ Utilities □ Fire Services □ RCMP
0 Engineering Operations □ ITS □ NVRC
□ Parks □ Solicitor 0 Museum & Arch.
0 Environment □ GIS 0 Other:
□ Facilities □ Real Estate
0 Human Resources 0 Bylaw Services
0 Review and Compliance □ Planning
□ Climate and Biodiversity
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[ATTACHMENT .3
Coach Houses
Figure 1 : Coach house facing a laneway at 880 Calverhall St., North Vancouver
Figure 2: Coach house facing a laneway at 1 146 West 20th St., North Vancouver
Figure 3: Small lot infill houses at 1098 & 1 100 Canyon Blvd., North Vancouver
Figure 4: Small lot infill houses at 3575 & 3585 Fromme Rd., North Vancouver
Figure 5: Duplex with front and rear units with lane access at 1225 & 1227 West 16th St., North
Vancouver
Figure 6: Duplex with side by side units at 3703 & 371 1 Bluebonnet Rd., North Vancouver
Triplexes
Figure 8: Two triplexes with lane access at 1279, 1 281 & 1283 West 16th St. (left) and
1285, 1287 & 1289 West 16th St (right), North Vancouver.
Figure 9: Fourplex at 926, 928, 930 & 932 Berkley Rd., North Vancouver
196
I ATTACHMENT�
Municipal Scan of Sensitive Infill Housing Options
(as of March 8, 2022)
Permitt�d in � II residential Permitted in: Not permitted in any Permitted in: Permitted in all single
Coach I
Houses zones, including: • Single Family Dwelling residential zones. • One-Family Dwelling family residential zones as
• One-Unit Residential zones zones long as certain criteria met.
zones • Some Single Family Burnaby's Housing and • Some Two-Family
• Two-Unit residential Dwelling - Upper Homelessness Strategy Dwelling zones
zones Lands zones (HOME, 202 1 ) calls for • Some Multiple
• Ground-Oriented • Some Duplex Dwelling development of an infill Dwelling zones
Apartment residential zones housing program, which
zones (with • Some Ground-oriented would include permitting
exceptions) Dwelling zones laneway homes.
• Apartment residential
zones (with
exceptions)
Small Lots I Minimum lot size Minimum lot size and width Two small lot zones (R4 7.3 m (24 ft) minimum lot 1 0 m (33 ft) minimum lot
requirements were requirements were and R5) allow minimum width in most One-Family width in 26 Small Lot Infill
removed to allow for more reduced in single family 9 . 1 5 m (30 ft) lot width and Dwelling zones. Areas (SLIAs).
subdivision in single family zones by: 334.40 m 2 (3600 ft2 ) area
zones. • 1 2.5% for minimum lot under certain conditions.
size
Minimum lot frontages are: 1 • 1 2.5% for minimum lot
• 1 0 m (33 ft) for single width
family lots
• 7.5 m (25 ft) for
duplexes
197
City of North District of West City of Burnaby City of Vancouver District of North
Vancouver Vancouver Vancouver
Duplex/ Duplexes permitted in: Duplexes permitted in: Duplexes permitted in the Duplexes permitted in the Duplexes permitted in;
Triplex/ • Two-Unit residential • All Duplex Dwelling one- and two-family majority of residential • Some Multiple-Family
Fourplex zones zones residential zones: zones. residential zones
• Ground-Oriented • Some Ground- • Residential District 4 • One Low-Rise
Apartment residential Oriented Dwelling • Residential District 5 Triplexes or fourplexes residential zone
zones zones permitted in:
• Apartment residential • Some Multiple- Triplexes and fourplexes • Some Duplex zones Triplexes and fourplexes
zones Dwelling zones are only permitted in multi- • Most Multiple Dwelling are not permitted in single
• Some Special family zones. zones family zones, but are
Residential zones Triplexes and fourplexes permitted in:
not permitted. HOME includes actions to • Some Multiple-Family
Triplexes and fourplexes consider permitting residential zones
permitted in: duplexes in additional
• Ground-Oriented residential zones and
Apartment residential permitting triplexes and
zones fourplexes in most
• Apartment residential residential zones.
zones
• Some special
residential zones
Lots zoned for One-Unit Lots zoned for Single Not permitted in any Laneway houses and Not permitted in any single
I
Multiple
Accessory Residential use may have Family Dwelling use may residential zones. secondary suites together family zones.
Units a secondary suite and a have a secondary suite on one lot are permitted in
coach house when certain and a coach house when HOME includes actions to zones where laneways are
conditions are met. certain conditions are met. consider allowing permitted (see above).
secondary suites and
laneway houses in Secondary suites
duplexes. I permitted in duplexes.
198
I ATTACHMENT 5
Summary of Coach House Appl ications Received from January 2020 - Present
Open Lane
March 7,
6 959 Drayton St. Approved June 14, 2021 Rear Yard (variance 2
2022
for height)
Open Lane
December 2, Rear yard (variances
7 1258 Adderley St. In process 2
2021 for height and lot
coverage)
1 No Development Variance Permits have been denied or withdrawn in this time period.
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205
S ECO N DARY S U ITES - R EG U LATI O N S
• Cu rrent reg u l ations:
- S i n g l e fa m i ly h o m es on ly
- Maxi m u m size of 90m 2 or 40% of
residenti a l floor a rea (whichever is less)
• BC B u i l d i n g Code (Dec 20 1 9) :
- Rem oved second a ry size restrictions
- Al l owed su ites in m o re g ro u n d-
o ri ented housing types
206
S ECO N DARY SU ITES - P RO POS ED
1. I n crease maxi m u m 2. N ew m i n i m u m
fl oor a rea su ite size
Living -+ I I -
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S E N S ITIVE I N F I LL - POTE NTIAL O PTI O N S
Coach Houses S m a l l Lot Infi l l Duplex/Triplex/ M u ltiple Accessory
Areas (SLIAs) Fou rplex Un its on One Lot
Current approach --
• 1 8 appl ications approved • First adopted 1 980s • Not currently permitted • Not cu rrently permitted
201 4-2020 in single family zones
• 3 SLIAs added i n Upper
• Updated i n 2020; 1 3 Capilano i n 201 8
approved since update • 26 SLIAs
Potential Options
• Allow more lots to be • Investigate • Identify priority locations • Identify specific areas or
eligible by red ucing opportu nities to for this type of housing: heritage properties
req u i rements designate new SLIAs where the following
• Adjacent to Town &
could be permitted:
• Streamline appl ication • Review options to Village Centres
process further increase lot eligibility i n • Secondary su ites
• Specific types of
existing SLIAs (e.g. and coach houses
• Enhance l iveability (e .g. heritage properties
reduce lot width on same lot
through basements) • Develop a broader policy
minimum)
• Duplexes with suites
• Update guidel ines to enable in a l l single
family neighbourhoods
211
212
S H O RT-TE RM R E NTALS - BACKG RO U N D
• Not cu rrently perm itted • Listi ngs a re evenly d istri buted,
• Previous Cou n ci l engagement com p l a i nts a re n ot
in 201 7 , 20 1 8, a n d 2 0 1 9 • 960 listings i n N ovem ber 2 0 1 9
• P u b l i c eng agement i n 20 1 8 , • 520 l isti n g s i n Decem ber 202 1
RSAHTF i n 2020 • 7 6 com p l a i nts received since 20 1 3
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S H O RT-TE R M R E N TALS - PAST O PTI O N S
Secondary Suites & Renters with owner
Option Single Family Multi-Family
Coach Houses permission
Option 1 ✓
(201 9 Recommendation)
✓ ✓ X
Option 2 ✓ ✓ ✓ ✓
Option 3 ✓ X X ✓
214
S H O RT TERM R E NTALS - PU B LI C
E N GAG E M E NT
• Add i ti on a l pu b l i c i n put
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coa ch houses?
2. S h o u l d short-te rm renta ls be
perm itted i n m u lti-fa m i ly dwe l l i n gs?
3. S h o u l d short-te rm re nta l l i ce n ces be
issued to renters (with own er's
permission) i n a l l housi n g types where
STR is perm itted ?
215
S I N G LE FAM I LY H O US I N G O PTI O N S
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seco n d a ry su ite size a n d opti ons a nd/or expand reg u lating short-term renta ls
i ntroduce a new m i n i m u m existi n g ones
su ite size
216
355 West Queens Road
N o rth Va ncouver, BC
V7 N 4N5
604-990-231 1
217
THIS PAGE LEFT BLANK INTENTIONALLY
218
ATTACHMENT 2. HOUSING PROGRAM SUMMARY AND TIMELINE
1. RESIDENTIAL 3. HOUSING TASK FORCE FINAL REPORT UTILIZING DISTRICT-OWNED LANDS FOR
TENANT AFFORDABLE HOUSING
4. STAFF REPORT BACK ON TASK FORCE'S
RELOCATION
RECOMMENDATIONS 15. ENGAGEMENT FINDINGS -
ASSISTANCE
POLICY (RTRAP) 5. UTILIZING DISTRICT-OWNED LANDS FOR HOUSING OPTIONS FOR SINGLE FAMILY
AFFORDABLE HOUSING NEIGHBOURHOODS
(PRESENTATION OF SCENARIOS)
16. NEXT STEPS- HOUSING OPTIONS
6. DISTRICT-INITIATED REZONING FOR FOR SINGLE FAMILY NEIGHBOURHOODS
RIVERSIDE SITE SOCIAL HOUSING (DNV LAND)
7. HOUSING NEEDS REPORT
8. MUNICIPAL CONTRIBUTIONS TO
AFFORDABLE HOUSING
220
8.7
AGENDA INFORMATION
RECOMMENDATION:
THAT Development Variance Permit 10.22 for a retaining wall and fence at 125
Kensington Crescent is ISSUED.
ANALYSIS:
Site and Surrounding Area: The subject property is located on the southwest corner of
Kensington Crescent and Carnarvon Avenue, west of Lonsdale Avenue as shown below
on the Air Photo and Context Map. The subject property is approximately 1,116 m2
(12,000 sq. ft.) in size and contains one single-detached dwelling and a detached
garage. The site and surrounding lots are zoned RSMH (Single-family Residential Zone
Marlborough Heights) as seen in the following context map and air photo.
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The construction of the proposed retaining wall and fence requires the following
variances:
Maximum
Regulation New Work Variance
Permitted
0.91 m 2.35 m 1.43 m
Retaining Wall height (7.7ft.) (4.7 ft.)
(3 ft.)
Fence height (on 1.22 m 1.43 m 0.21 m
retaining wall) (4 ft.) (4.7 ft.) (0.7ft.)
DISCUSSION:
The applicant has applied to construct a new retaining wall to replace the existing
damaged retaining wall. The existing wall is located at the edge of rear yard and
follows the rear property line. The applicant is proposing to construct a new retaining
wall in the same location with the same height as the existing retaining wall. The
proposed location of the retaining wall is shown on the site plan on the following page.
222
SUBJECT: Development Variance Permit 10.22 -125 Kensington Cres.
April 13, 2022 Page 3
Kensington Cres
.
I' h':-1
Principal
Dwelling
Proposed
Retaining Wall
Variances:
The proposed construction of the retaining wall and fence requires two variances to the
Zoning Bylaw which are outlined below.
The maximum permitted height of a retaining wall within the rear yard setback is
0.91 m (3 ft.). The applicant is proposing a retaining wall with a height of 2.35 m (7.7
ft.) which requires a variance of 1.43 m (4. 7 ft.).
223
SUBJECT: Development Variance Permit 10.22 -125 Kensington Cres.
April 13, 2022 Page 4
Property line
Maximum
Regulation New Work Variance
Permitted
Fence height (on 1.22 m 1.43 m 0.21 m
retaining wall) (4 ft.) (4.7 ft.) (0.7ft.)
The maximum permitted height of a fence atop a retaining wall is 1.22 m (4 ft.). The
applicant is proposing a fence with a height of 1.43 m (4. 7 ft.) which requires a variance
of 0.21 m (0.7 ft.). The previous fence which was above the retaining was 6 ft. tall, the
proposed fence is 1.3 ft. shorter than the previous fence. The fence is located over a
small "notch" in the retaining wall and provides screening to the wall. This variance is
required in order to screen the non-compliant portion of the concrete retaining wall. The
fence does not provide any structural support for the retaining wall, nor additional rear
yard privacy for the owners.
224
SUBJECT: Development Variance Permit 10.22 - 125 Kensington Cres.
April 13, 2022 Page 5
Screening the retaining wall is not a requirement of the District, this was a decision
made by the applicant to provide visual relief at street level and improve the overall
appearance of the retaining wall from the rear lane. A comparison of the existing and
proposed retaining walls is provided below and on the following page.
Existing Retaining Wall - view from the rear lane (fence has since been removed due to
damage)
225
SUBJECT: Development Variance Permit 10.22 -125 Kensington Cres.
April 13, 2022 Page 6
Notification:
An information letter was sent to the adjacent neighbours and the Norwood Queens
Community Association to inform them of the application. Six responses were provided
by neighbours, all of which expressed support for the proposed retaining wall and
complimented the aesthetics of the design. The neighbours also indicated that the
proposed design is a significant improvement to the existing condition.
226
SUBJECT: Development Variance Permit 10.22 -125 Kensington Cres.
April 13, 2022 Page 7
Conclusion:
Staff are supportive of the Development Variance Permit as the proposed retaining wall
and fence is in the same location and of the same scale as the existing wall, and
represents a significant improvement on the existing condition. The updated design has
support from the neighbours and allows the owners to maintain full use of their rear
yard.
OPTIONS:
Respectfully submitted,
~ ~- -- ~
Dejan Teodorovic
Planning Assistant
Attachments:
1. Development Variance Permit 10.22
2. Redacted Public Input
227
SUBJECT: Development Variance Permit 10.22 -125 Kensington Cres.
April 13, 2022 Page 8
REVIEWED WITH:
228
ATTACHMENT__,;;1=---
.
355 West Queens Road
DISTRICT OF North Vancouver BC
V7N 4N5
NORTH www.dnv.org
VANCOUVER (604) 990-2311
This Development Variance Permit 10.22 is hereby issued by the Council for The Corporation of the
District of North Vancouver to the registered owner(s) for a retaining wall on the property located at
125 Kensington Crescent, legally described as Lot 9 Block M Of Blocks 1 to 3 and 14 to 16, District Lot
2026 Plan 7200, (PID: 010-695-524) subject to the following terms and conditions:
A. The following Zoning Bylaw regulations are varied under Part 14, Division 9, Subsection 498 (1) of
the Local Government Act :
1. The maximum height of a retaining wall within the required setback is increased to 2.35 m
(7.7 ft.);
2. The maximum height of a fence on a retaining wall within the required setback is increased to
1.43 m (4.7 ft.);
3. The relaxations above apply only to the proposed retaining wall as illustrated in the attached
drawings (DVP 10.22 1 through 3);
4. The construction of the retaining wall shall include plants and landscaping as specified on
drawing DVP 10.22 - 2.
B. The following requirement is imposed under Subsection 504 of the Local Government Act :
Mayor
Municipal Clerk
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232
ATTACHMENT_1--
__
From:
To:
Subject: Proposal for Development Variance Parmit • 125 Kensington Crescent
Date: March 24, 2022 10:52:06 AM
CAUTION This email originated from outside of the DNV. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Sincerely,
233
~
From:
To:
Subject: Proposal for a Development Variance Permit - 125 Kensington Oescent
Date: March 27, 2022 6:52:24 PM
N This email originated from outside of the DNV. Do not click links or open attachments unless you
-------------------
recognize the sender and know the content is safe.
There' s not hing wit hin said document t hat should cause any subst antive concern . I'm a-
and
, I cannot comment upon any aspect of t he engineering
design for t he st ruct ural element s. I must et hically accept that t he design is a safe and proper
design that is likely t o provide a safe and effect ive structure t hat will last for many decades.
The int ent of zon ing bylaws is to provide a general framework to act as a guideline for those
who are undert aking such work wit hout t he engagement of a prof essional engineer. Some
bylaws are in place for example t he maximum allowable height of a roof so as t o preserve t he
line of sight of views of say t he Lions Gate Bridge and limit ing the locat ions where high rise
st ructu res can be const ructed . In this particular sit uation there's no line of sight issues and
si nce it ha s been designed by a prof essional engineer t here should be no concerns regarding
t he st ru ct ural integrity of t he struct ure.
The proponent for this Development Variance Permit - 125 Kensington Crescent should be
commended for submitting a proposal which yields a very aest het ically and environmentally
friendly approach not very common in such circumstances.
-
234
From:
To:
Subject: 125 Kensington Cr. development Variance
Date: March 10, 2022 12:54:51 PM
CAU110N· This email originated from outside of the DNV. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Dejan;
AS - we are happy to fully accept the variance as outlined, in fact we encourage you to fully
accept them as well
Thanks
235
From:
To: Dejan Jeodorovic
Subject: Proposal for Development variance permit - 125 Kensington Crescent
Date: March 11, 2022 4:22:54 PM
CAUTION: This email originated from outside of the DNV. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Dear Dejan
We have read your very complete and informative proposal for a Development Variance Permit - 125 Kensington
Crescent and was very impressed with the proposed retaining wall. We have lived here since- -
- 125 Kensington Crescent and are quite familiar with the old retai ning wall which failed. We believe the new
proposed retaining wall is a signifi cant improvement in both appearance and function and wi ll add to the beauty and
safety of our neighbourhood.
Thank you for giving us this opportunity to comment.
Yours truly
236
From:
To:
subject:
- eodoroYjc
RE: Development Variance Permit file OS.3060.20/010.22 case Pl.N2022-CKl10
Date: March 16, 2022 9 :19: 13 AM
This email originated from outside of the DNV. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Hi Dejan.
Thank you for the letter inviting neighbour input regarding the construction of
- retaining wall at the back of their property at 125 Kensington Crescent. North
Vancouver.
The proposed wall design with landscaping will be more effective and aesthetically pleasing than a
lower one. and more aesthetically pleasing than a tiered retaining wall. Even without the
landscaping, the proposed wall would look best.
A lower wall would not be as safe for children. Also. a single wall can be built to match to the height
of the neighbouring property. making it safer as well.
A tiered-style wall will detract from the look of the back of the property, which is clearly visible from
Carnarvon. a main thoroughfare in our neighbourhood. Also, a tiered-style wall would not be in
keeping with the rest of the lane.
Further, I have noticed an increase of older teenagers walking on Carnarvon adjacent to the
- property and through the lane at the back of their home. They are often noisy as they
walk past and may begin to congregate, as others might, should there be a tiered retaining wall on
which to sit. versus one wall as had stood there previously.
Thank you for your consideration and help in keeping our neighbourhood safe. peaceful. and looking
its best.
-
Sincerely,
237
From:
To:
Cc:
!!!l!iocOYi c
Mavoc and c.ouncij - DNY
Subject: Variance Permit comment on 125 Kensington
Date: March 21, 2022 4:25:23 PM
This email originated from outside of the DNV. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
-----~-------------~"""
Dear Mr. Teodorovic,
Thank you for providing the proposal for a variance penuit for 125 Kensington Crescent. File:
08.3060.20/010.22 Case: PLN2022-00010
While I can tmderstand the District having mies in place in order to tty to cover any sihiation
that might impact sight lines for traffic and views, in this case the proposed variance is in a
back lane with no impact on traffic or views. In fact , it is a nice improvement from the fonner
wall for those either walking or driving along the lane. Therefore it has our approval.
238
8.7.1
239
THIS PAGE LEFT BLANK INTENTIONALLY
240
8.8
AGENDA INFORMATION
RECOMMENDATION
THAT "District of North Vancouver Rezoning Bylaw 1418 (Bylaw 8568)" is given FIRST
reading;
The Rezoning Bylaw is recommended for introduction and referral to a Public Hearing.
SUMMARY
BACKGROUND
EXSITING POLICY
•
The Official Community Plan (OCP)
designates the site as "Light
Industrial Commercial" (UC) - as N
indicated in the map - and intended
predominantly for a mix of industrial, warehouse, office, service, utility and business
park-type uses. This OCP designation is consistent with sites to the north, east and
west, while sites to the south are designated "Industrial" (IND) and intended for heavy
industrial uses.
242
Document: 56011 97
SUBJECT: Bylaw 8568: Rezoning from Public House Commercial (C6) to Employment Zone-Light
Industrial (EZ-LI) at 1970 Spicer Road.
April 20, 2022 Page 3
The proposal has been reviewed against the OCP and is consistent with the following
policies:
Policy 3.3: Enabling a Diverse Range of Economic Uses within Employment Lands
Policy 3.3.2: Preserve industrial designated lands for industrial uses and uses that are
accessory or supportive of industrial activities
Policy 3.3.3: Facilitate an appropriate mix of light industrial and non-retail commercial
uses in Light Industrial Commercial designated lands
The project has been reviewed against the Targeted Official Community Plan Review
Action Plan (Action Plan) and addresses the following "Priority Actions":
Priority Action# 1 -Achieve Town and Village Centres that deliver low-carbon,
compact, and diverse housing, transportation choices, and supportive public amenities
and employment space
Maplewood Village Centre and Innovation District Implementation Plan & Design
Guidelines (Maplewood Plan)
The project has been reviewed against the Maplewood Plan and achieves plan
objectives by contributing to the intensification of industrial uses in Maplewood, and
providing employment opportunities accessible to those in the Maplewood Village
Centre.
Key Issue - Economy: Retaining and growing the full spectrum of businesses within
the District, while building towards a complete community of jobs and housings, will be
our measures of success.
As intended with the addition of the Employment Zones to the Zoning Bylaw in 2010,
the proposal would serve to accommodate the evolution of an existing North Shore
business and help to preserve one of the District's key employment areas.
243
Docum ent: 5601197
SUBJECT: Bylaw 8568: Rezoning from Public House Commercial (C6} to Employment Zone-Light
Industrial (EZ-LI) at 1970 Spicer Road.
April 20, 2022 Page 4
Zoning
The subject property is currently zoned Public House Commercial (C6), which is
intended to provide for the consumption of alcoholic beverages as a principle use. The
C6 zone does not permit the light industrial service use as proposed.
The EZ-LI zone regulates other factors such as maximum height, minimum building
setbacks, and minimum parking requirements. While no new building is proposed on the
site with this application, these requirements would apply to any future construction.
The site is subject to a "siting area map" in the Zoning Bylaw. The siting area map
regulates the placement of structures on the site and as the proposed E-LI zoning would
regulate the siting of structures, the existing siting area map is proposed to be deleted .
PROPOSAL
A proposed site plan has been submitted with the rezoning application, which delineates
three primary areas for the storage of vehicles and equipment as shown on the image
on the next page. The storage areas are located around the exterior of the site which
will ensure sufficient space is available for the movement of vehicles through the site.
244
Document: 56011 97
SUBJECT: Bylaw 8568: Rezoning from Public House Commercial (C6) to Employment Zone-Light
Industrial (EZ-LI) at 1970 Spicer Road.
April 20, 2022 Page 5
Two driveway accesses are proposed from Spicer Road using existing let-downs, which
will help to ensure safe vehicle movement and visibility when entering and exiting the
site. The proposal includes the demolition of the existing building, and resurfacing of the
site in a dust-free surface as required by the Zoning Bylaw. Existing hedging along the
north property line as well as the tree in the southwest corner of the site are proposed to
be retained which will assist in reducing impacts on neighbouring industrial properties.
No new building construction is proposed at this time.
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Development Permits
The site is designated within the following Development Permit Areas (DPAs):
245
Document: 5601197
SUBJECT: Bylaw 8568: Rezoning from Public House Commercial (C6) to Employment Zone-Light
Industrial (EZ-LI) at 1970 Spicer Road.
April 20, 2022 Page 6
The application is exempt from the requirement to obtain a Development Permit for
Form and Character, as well as Energy and Water Conservation and Green House Gas
Emission Reduction, as the proposal does not involve the construction or installation of
any new building or structure. Any future proposals which include buildings or structures
would be required to obtain these development permits and would be subject to review
against the applicable guidelines in Schedule B of the OCP.
The site is identified as a potential flood hazard area in the Protection of Development
from Hazardous Conditions - Creek Hazard DPA. The application is exempt from the
requirement to obtain a Development Permit for Protection of Development from
Hazardous Conditions - Creek Hazard, as there is no expansion of the building footprint
and does not include the construction of habitable space. Any future proposal involving
building or structures may require a Development Permit and would be subject to review
against a Flood Hazard report prepared by a qualified professional.
Parking
The applicant is proposing to rezone the site to EZ-LI, with the intent to use the property
for parking of vehicles associated with their business. As the proposal does not include
the construction of new floor area, the Zoning Bylaw does not require additional parking
on-site.
The payment of Development Cost Charges (DCCs) will not be required with this
proposal as no additional Gross Floor Area is proposed.
Concurrence
The project has been reviewed by staff from the Building, Engineering, Community
Planning, Environment, Transportation, Construction Traffic Management, Property
Use, Legal, and Fire Departments.
District of North Vancouver Rezoning Bylaw 8568 affects land lying within 800 m of a
controlled access intersection and therefore approval by the Provincial Ministry of
Transportation and Infrastructure will be required following third reading of the bylaw
and prior to bylaw adoption.
The CTMP must outline how the applicant will work to minimize construction impacts on
pedestrian and vehicle movement along Spicer Road and Amherst Avenue. The plan is
246
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SUBJECT: Bylaw 8568: Rezoning from Public House Commercial (C6) to Employment Zone-Light
Industrial (EZ-LI) at 1970 Spicer Road.
April 20, 2022 Page 7
PUBLIC INPUT
One comment has been received expressing opposition to the rezoning due to impacts
associated with light industrial uses such as noise, heavy vehicle traffic, and dust, as
well as perceived security risks arising from visitors to the site.
CONCLUSION
The proposal assists in preserving the existing employment lands in one of the District's
key industrial hubs, and in providing for the intensification of industrial uses.
OPTIONS
Respectfully submitted,
Taylor Jenks
Development Planner
ATTACHMENTS
247
Document: 56011 97
SUBJECT: Bylaw 8568: Rezoning from Public House Commercial (C6) to Employment Zone-Light
Industrial (EZ-LI) at 1970 Spicer Road.
April 20, 2022 Page 8
REVIEWED WITH:
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ATTACHMENT_c:J.
_ __
Bylaw 8568
The Council for The Corporation of the District of North Vancouver enacts as follows:
Citation
1. This bylaw may be cited as "District of North Vancouver Rezoning Bylaw 1418 (Bylaw
8568)".
Amendments
a) The Zoning Map is amended in the case of lands illustrated in the attached map
(Schedule A) by rezoning the land from Public House Commercial Zone (C6) to
Employment Zone-Light Industrial (EZ-LI)
b) The Siting Area Map section is amended by deleting Plan Section C/25.01
Certified a true copy of "Rezoning Bylaw 1418 (Bylaw 8568)" as at Third Reading
Municipal Clerk
ADOPTED
Municipal Clerk
BYLAW 8568
District of North Vancouver Rezoning Bylaw 1418 (Bylaw 8568)
™
_ _
PUBLIC HOUSE COMMERCIAL ZONE (C6) TO
EMPLOYMENT ZONE-LIGHT INDUSTRIAL (EZ-LI)
A
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254
ATTACHMENT_3_ _
From:
To:
Cc:
Subject:
y Mayor and <:,ouocjl - DNY
ezoning application - 1970 Spice Road
Date: April 11, 2022 3:37:46 PM
r, This email originated from outside of the DNV. Do not click links or open attachments unless you
----------------
recognize the sender and know the content is safe.
We are opposed to the proposed rezoning of the property at 1970 Spicer Road
We are not In favour of this rezoning for the stated purpose by Headwater Management
proceeding further.
1. ■ property contains Thomas FX Group Inc and Thomas Film Studios. A rezoning that would
allow heavy diesel trucks immediately behind■ film studio would be extremely harmful for
film studio operation and would negatively impact ■ clients, inhibiting the filming and
recording of sound in ■ studio.
2. Increased heavy truck and personnel traffic on this lot will increase the possibility of crime and
persons attempting to break into t h e - building ....
are very concerned about an increased crime risk if the property were to be rezoned.
3. We are very concerned about the amount of dust and debris that movement of a multitude of
heavy trucks would generate, undoubtedly to the detriment of the health and safety of our
employees, and the overall appearance of our property.
4. With a significant amount of heavy vehicular traffic activity on the site, there is no doubt that
our building will be damaged by one or more of these trucks at various times, detracting from
the value of our property and generating additional repair costs for our
business that would be recurring and inhibit our profitability.
We pay an outrageous amount of property tax. I submit that it would not be ethically correct for the
District of North Vancouver, who benefits from the collection of these ever-escalating property
255
taxes, to allow an adjacent land use that would have such a negative effect on our commercial
property and the profitability of our long standing business,
Sincerely,
256
8.9
AGENDA INFORMATION
D Regular Meeting Date: May 9, 2022
D Other: Date:-------- GM/
Director
SUBJECT: Bylaws 8573, 8574, 8575, 8576, and 8577: Rezoning and Housing
Agreements for a Mixed-Use Development at 2050 - 2070 Marine
Drive and an Unaddressed Lot
RECOMMENDATION
THAT "District of North Vancouver Rezoning Bylaw 1419 (Bylaw 8573)" is given FIRST
Reading;
AND THAT "Housing Agreement Bylaw 8574, 2022 (2050 Marine Drive - Market Rental
Housing)" is given FIRST Reading;
AND THAT "Housing Agreement Bylaw 8575, 2022 (2050 Marine Drive - Non-Market
Rental Housing)" is given FIRST Reading;
AND THAT "Housing Agreement Bylaw 8576, 2022 (2050 Marine Drive - No Rental
Restrictions - North Site)" is given FIRST Reading;
AND THAT "Housing Agreement Bylaw 8577, 2022 (2050 Marine Drive - No Rental
Restrictions - South Site)" is given FIRST Reading;
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•
• Bylaw 8575 to authorize a housing
agreement to secure all non-market rental
units (Attachment 4). N
• Bylaw 8576 to authorize a housing agreement to ensure all future owners of the
North Parcel strata units are eligible to rent their units (Attachment 5).
• Bylaw 8577 to authorize a housing agreement to ensure all future owners of the
South Parcel strata units are eligible to rent their units (Attachment 6).
Rezoning Bylaw 8573 and the Housing Agreement Bylaws are recommended for
introduction and Rezoning Bylaw 8573 is recommended for referral to a Public Hearing.
A Development Permit would be forwarded to Council for consideration if the rezoning is
adopted by Council.
BACKGROUND
The development proposal for 2050 Marine Drive was presented to Council at an Early
Input Opportunity on November 23, 2020. At the meeting, Council commented on a
variety of issues including affordability, traffic impacts, and demands on local
infrastructure. A motion was passed that Council was not supportive of the rezoning
application as proposed, and that the applicant revise their proposal.
In response, the applicant revised their proposal to reduce the tower height, increase
the number of non-market rental units, increase the number of market rental units, and
include a cafe and other opportunities for social integration. This revised application was
considered by Council on July 19, 2021, and Council directed staff to prepare the
necessary bylaws for consideration.
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SUMMARY
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EXISTING POLICY
The proposal is consistent with the following policies of the District's OCP:
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The project has been reviewed against the Targeted Official Community Plan Review
Action Plan (Action Plan) and addresses the following "Priority Actions":
Priority Action #1: Achieve Town and Village Centres that deliver low-carbon,
compact, and diverse housing, transportation choices, and supportive public amenities
and employment space.
The project contributes to this action by providing a range of housing options within
the heart of the Lions Gate Village Centre. It also delivers key public amenities
such as a new road, a new neighbourhood park, and new pedestrian connections
Priority Action #2: Advocate for infrastructure and service improvements, such as
Rapid Transit, to get our key transportation networks moving better
Priority Action #3: Prioritize rental, social, and supportive housing projects to increase
the range of housing options.
The project proposes that 36% (118 units) of the residential units are rental in
tenure (13% as non-market rental units and 23% as market rental units).
The project is located in Lions Gate Village Centre and includes a range of
residential units, strata apartments, non-market rental apartments, and market
rental apartments. All of these units meet either "Basic" or "Enhanced" levels of
accessibility.
Priority Action #6: Create a continuous and connected network of walking and cycling
routes to encourage more people of all ages and abilities to walk and cycle
The project is providing a new road through the development along with pedestrian
and cycling connections in all directions.
Priority Action #8: Reduce greenhouse gas emissions from buildings, transportation,
and waste to address the climate emergency
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Lower Capilano (Lions Gate) Marine Village Centre Implementation Plan and
Lions Gate Public Realm and Design Guidelines
The project has been reviewed against the Lower Capilano (Lions Gate) Marine Village
Centre Implementation Plan (Implementation Plan) and the Lions Gate Public Realm
and Design Guidelines. The project achieves the public realm objectives and provides a
dedicated road, which will connect to Glenaire Drive, Curling Road, and a yet-to-be-
named new road . This new road will be an important connecting feature within the Lions
Gate Village Centre. This proposal also delivers the Curling Road Park planned south of
Curling Road.
The proposal is being considered in the context of the approved Lions Gate Plan which
identifies a mix of building heights of up to 20 storeys for this site. The proposal includes
a mix of building heights at 4, 9, and 27 storeys. While the proposed tower as proposed
at 27-stroreys is higher than anticipated in the Implementation Plan, staff are supportive
of the height given the significant amount of land dedications (44% of gross area), the
neighbouring buildings which range in height from 23 to 26 storeys, and achieving the
District's urban design goals while completing the important Curling Road Park and road
network.
• Transit
o The proposal increases residential density in a Key Growth Area, adjacent
to an existing Frequent Transit Network.
• Walking and Cycling
o The proposed offsite improvements include walking and cycling
improvements along the site frontages.
The proposal has been reviewed against the District's "Rental and Affordable Housing
Strategy" below:
The project proposes that 36% of the residential units are rental in tenure (13% as
non-market rental units and 23% as market rental units).
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The proposed bylaws respond to the following Council Priority Directions to 2022:
Key Issue - Mobility: Pursuing the options we have available to reduce congestion and
increase alternatives, while vigorously championing our residents' needs in dialogue
with regional partners, will be our measure of success.
Key Issue - Housing: Increasing housing diversity and addressing affordability through
projects that deliver rental housing for low and moderate income earners and for those
in need of social housing.
The project includes 41 non-market rental units, with rents ranging from 18% to
30% below the median 2021 rents for the District.
Zoning
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ANALYSIS
The proposal is for a mixed-use development with 53 m 2 (574 sq. ft.) of commercial
space and a total of 330 residential units, including 212 market strata units, 77 market
rental units, 41 non-market rental units. Over one-third of the residential units in this
development (118 units) are proposed as rental. The subject site is proposed to be
consolidated and then subdivided into 3 "Parcels" as per the list and site plan below:
• South Parcel
o Building A: a 27-storey commercial and residential mixed-use building with
158 strata units and 77 market rental units; and
o Building B: a 4-storey residential building with 41 non-market rental units.
• North Parcel
o Building C: a 9-storey residential building with 54 strata units.
• Park Parcel
o A neighbourhood park on an independent parcel of land to be transferred
to the municipality.
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The total unit mix by tenure type is outlined in the table below and will be secured in the
Development Covenant:
Strata - 65 90 57 212
Market Rental 7 35 35 - 77
Non-Market Rental 8 8 21 4 41
Approximately 62% of the total units are 2-bedrooms or larger, and considered suitable
for families.
The proposed development is located in the Lions Gate Village Centre, at the western
gateway to the District of North Vancouver. The rendering below highlights the proposal
within the context of existing buildings and developments currently under construction.
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Housing Proposal
Arrangements to provide and operate these rental units and sales programs will be
secured through the development covenant and housing agreements.
The 41 non-market rental units located in "Building B". The applicant is targeting rents
for the non-market units to be affordable to "Low-to-Moderate Income Households"
(households with 2020 before-tax incomes ranging from $30,001 to $85,170). The
Metro Vancouver median rents (2021 ), District of North Vancouver median rents (2021 },
and proposed non-market unit rents are shown in the table below for reference. This
building is proposed to be built to "Passive House" standards to optimize occupant
comfort and minimize operating costs.
Total 41
These rental rates offer significant discounts when compared to both Metro median and
District median rents for all apartment and ground oriented rental stock.
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The 77 market rental units locate in "Building A" are comprised of 7 studios, 35 one-
bedroom units, and 35 two-bedroom units.
Workforce Housing
The proposal presented to Council at Early Input on November 23, 2020 included 11
Workforce Housing units. The applicant has removed these units due to legal limitations
but will continue to work with staff to explore mechanisms for implementing this
component of the project. For now, these are standard strata units.
Locals-First Units
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Lock-off Suites
It is proposed that 21 strata units will contain lock-off suites, providing the ability to have
a mortgage-helper in a condominium settings.
Development Permits
The proposal is consistent with the OCP Design Guidelines for Commercial and Mixed-
Use Buildings, the Lower Capilano Marine Village Centre Implementation Plan, and the
Lions Gate Public Realm Strategy.
The application was considered by the Advisory Design Panel (ADP) on May 24, 2018
and the Panel recommended approval of the project subject to addressing the Panel
comments. The applicant has addressed the Panel's comments by revising the tower
height and massing, improving pedestrian links, and refining the design of the non-
market rental building.
A detailed review of development permit issues, outlining the project's compliance with
the applicable development permit guidelines will be provided for Council's
consideration should the application proceed through the rezoning process.
The proposal as designed is consistent with the OCP Guidelines for Energy and Water
Conservation and Greenhouse Gas Emission Reduction. In addition, the applicant has
considered the District's Community Energy and Emissions Plan (CEEP) and Council's
declaration of a Climate Emergency.
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Landscaping
A conceptual landscape plan has been submitted with the rezoning application showing
a courtyard , a new neighbourhood park, and public realm areas along adjacent streets.
Other significant features include shared and private rooftop patios, green roofs, and
small plazas with pedestrian furniture and a fountain.
Should the rezoning proposal proceed, a more detailed review of landscape issues will
be included in the development permit report.
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Accessibility
The proposal fulfils the requirements of the District's Accessible Design Policy for
Multifamily Housing as 100% of the apartment units (330 units) meet the 'Basic
Accessible Design' criteria and 6% of the apartment units (19 units) meet the 'Enhanced
Accessible Design' criteria.
Vehicle Parking
Vehicle parking is proposed in a three-level underground garage for the south parcel,
and a two-level underground garage for the north parcel. Both underground garages are
accessed from the new Lions Gate Crescent.
Part 10 of the Zoning Bylaw requires a total of 610 parking stalls for residential and
commercial uses (including visitor stalls). This proposal has undertaken a parking needs
assessment in conjunction with the District's "Alternative Vehicle Parking Rates Policy"
and is proposing a total of 373 parking stalls.
The District's "Alternative Vehicle Parking Rates" Policy was approved in November
2020 and includes base parking rates based on unit mix with opportunities for parking
reductions based on location if the proposal includes Transportation Demand
Management (TOM) features. The proposed 373 parking stalls complies with this policy.
The parking provision is detailed as follows:
Commercial N/A 2
Residential 1.685 91
Total 1.796 97
The District OCP includes as Section 5.1 (8) the statement that reductions for parking
requirements should be considered for new developments in centres well served by
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The proposed TOM features include proximity to frequent (rapid bus) transit, shared
parking with commercial and residential visitor, and unbundled parking.
The applicant has proposed to provide energized outlets capable of supporting "Level 2"
charging for all of the residential parking spaces.
Proposed universal parking for the residential and commercial project components will
comply with the District's Accessible Design Policy for Multi-Family Housing and the
Zoning Bylaw. A total of 16 universal parking spaces are proposed.
Staff are supportive of the proposed parking as the site is well-served by frequent transit
along both Marine Drive and Capilano Road , is located in the heart of the Lions Gate
Village Centre, and the overall plan for the Lions Gate Village Centre includes
numerous long-term transportation improvements for pedestrians and cyclists.
Bicycle Parking
The District's "Bicycle Parking and End-of-Trip Facilities Policy" includes the following
rates for bicycle parking:
Commercial 1 1 2
Total 492 19 521
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Bicycle repair rooms are proposed in both the South Parcel and North Parcel
underground parking garages. Bicycle repair rooms typically include a work bench,
repair tools, and tire pumps to allow residents to maintain their bicycle and help
encourage continued bicycle use.
The requirements for bicycle parking are secured in the proposed CD 142 zone.
Overall, the bicycle parking proposed, the proximity to transit service, and the
pedestrian and cycling infrastructure improvements proposed will help to support
alternate transportation options for residents and visitors to the project.
Off-site improvements
The application includes improved street frontages with street tree plantings and
streetlight upgrades, pedestrian lighting, curb, gutter, and paving improvements, along
the existing and proposed roadways adjacent to or within the development.
The proposal includes dedications of approximately 44% of the site for public
infrastructure. These significant dedications deliver the following:
• A 4.1 m (13.5 ft.) wide highway dedication along Marine Drive to accommodate
improved transit and pedestrian infrastructure,
• A 16 m (52.5 ft.) wide highway dedication through the site for the construction of
a new public road (Lions Gate Crescent),
• A 3.46 m to 5 m (11.4 ft. to 16.4 ft.) wide highway dedication along Curling Road
for improved sidewalks, and
• A 7.5 m (24.6 ft.) wide highway dedication along a portion of the eastern property
line which will provide improved road access for the easterly neighbour.
In addition, the design includes a new neighbourhood park (see image on Page 13) on
land that is proposed to be transferred to the District. Detailed design of the
neighbourhood park will be finalized through the Parks Department, with public input.
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The estimated total value of off-site works (engineering and landscaping) is $2,673,000.
This estimate has been provided by the applicant and the full scope (and value) of
required off-site construction will be determined through the detailed design work at the
Building Permit stage.
The project will also pay Development Cost Charges at the applicable rate at the date of
Building Permit submission should the rezoning be successful.
The District's Community Amenity Contribution (CAC) Policy outlines expectations for
contribution for projects which result in an increase in density. In addition to the other
amenities noted in this report, a cash CAC of $3.4 million is included in the proposed
CD142 Zone. It is anticipated that the CACs from this development will be directed
toward the affordable housing fund; park and trail improvements; public art; or other
public realm infrastructure improvements.
Financial Impacts
The project will contribute the following housing amenities, off-site works, land, DCC's,
and CAC's:
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Concurrence
The project has been reviewed by staff from the Development Planning, Building, Urban
Design, Business Licencing, Fire and Rescue Services, Community Planning,
Landscape, Environment, Development Engineering, Construction Traffic Management,
Parks, and Legal departments.
The District of North Vancouver Rezoning Bylaw 8573 affects land lying within 800m of
a controlled access intersection and therefore approval by the Provincial Ministry of
Transportation and Infrastructure will be required after third reading of the bylaw and
prior to bylaw adoption.
The site outline in red is shown in relation to other residential construction projects and
potential development projects in the following image.
IIIIIID D
LEGEND
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Preliminary Application
Stage
Rezoning Stage
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In order to reduce development's impact on pedestrian and vehicular movements, the
applicant is required to provide a Construction Traffic Management Plan (CTMP) as a
condition of a Development Permit.
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The Plan must outline how the applicant will coordinate with other projects in the area .
(specifically Sentinel and Park West developments, both currently under construction) to
minimize construction impacts on pedestrian and vehicle movement along Monashee
Drive and surrounding roadways. Road closures will only be approved for the roadworks
and service main upgrades. The CTMP is required to be approved by the District prior
to issuance of a building permit.
Public Input
The applicant held a facilitated Public Information Meeting on May 23, 2018.
Notices were distributed to neighbours in accordance with the District's policy on Non-
Statutory Public Consultation for Development Applications. Signage was placed on the
property to notify passersby of the meeting, and advertisements were placed in the
North Shore News. A webpage was established for this project on the District's website.
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Implementation
Implementation of this project will require a rezoning, and housing agreements, as well
as issuance of a development permit and registration of legal agreements.
Bylaw 8573 (Attachment 2) rezones the subject properties from C4 and C9 to a new
Comprehensive Development Zone 142 (CD142) which:
Bylaw 8576 and 8577, (Attachment 5 and 6) authorizes the District to enter into a
Housing Agreement to ensure that there will be no future restrictions on renting the
strata units.
A legal framework will be required to support the project and it is anticipated that a
development covenant will be used to secure items such as the details of off-site
servicing and airspace parcel subdivision requirements. Additional legal documents
required for the project will include but are not limited to:
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CONCLUSION
This project is consistent with the District's Official Community Plan and the Lower
Capilano (Lions Gate) Marine Village Centre Implementation Plan, and the Lions Gate
Public Realm and Design Guidelines. In particular, the proposal provides new market
and non-market rental housing to support with the District's "Rental and Affordable
Housing Strategy" and Council's priority direction regarding rental housing. The project
also provides significant community infrastructure and amenities such as a new road , a
new neighbourhood park, and community amenity contributions.
OPTIONS
1. Introduce Bylaws 8573, 857 4, 8575, 8576, and 8577 and refer Bylaw 8573 to a
Public Hearing (staff recommendation);
Respectfully submitted,
Kevin Zhang
Development Planner
ATTACHMENTS
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ATTACHMENT ~
----
The Corporation of the District of North Vancouver
Bylaw8573
The Council for The Corporation of the District of North Vancouver enacts as follows:
Citation
1. This bylaw may be cited as "District of North Vancouver Rezoning Bylaw 1419 (Bylaw
8573)".
Amendments
(a) Part 2A, Definitions is amended by adding CD142 to the list of zones that
Part 2A applies to.
4B 142 - 1 Intent
The purpose of the CD142 Zone is to establish specific land use and
development regulations to permit a commercial and residential mixed-use
project.
The owner of the multi-family flex unit must be a resident in the multi-
family flex unit.
i) Not applicable.
b) Conditional Uses:
The following principal uses are permitted when the conditions outlined
in Section 48 142 - 4 Conditions of Use, are met:
i) residential use;
ii) multi-family flex unit; and
iii) restaurant use.
a) All conditional uses: All uses of land, buildings and structures are
only permitted when the following conditions of use are met:
4B 142 - 6 Density
a) The maximum permitted density within the CD142 zone, for both the
South Parcel and the North Parcel as shown on the map attached
labelled "Schedule B" (the "South Parcel" and the "North Parcel"
respectively) combined, is 706 m2 (7600 sq. ft.) of commercial gross
floor area and 5732 m 2 (61,695 sq. ft.) of residential gross floor area if
the residential floor space is located above the ground floor, and a
maximum of 65 residential units.
b) Despite Section 4B 142 - 6 (a) the maximum gross floor area for the
South Parcel shall be 21,533 m2 (231,778 sq. ft.) and the maximum
number of dwelling units for the South Parcel shall be 276 dwelling
units (but for greater certainty not including permitted lock-off rooms) if
the following condition is met:
i. $2,448,000 is contributed to the municipality to be used for any
of the following amenities (with allocation and timing of
c) Despite Section 48 142 - 6 (a) the maximum gross floor area for the
North Parcel shall be 7,342 m2 (79,031 sq. ft.) and the maximum
number of dwelling units for the North Parcel shall be 54 dwelling units
(but for greater certainty not including permitted lock-off rooms) if the
following condition is met:
i. $952,000 is contributed to the municipality to be used for any of
the following amenities (with allocation and timing of
expenditure to be determined by the municipality in its sole
discretion).
i. The provision or enhancement of public facilities;
ii. Improvements to public parks, plazas, trails and
greenways;
iii. Playgrounds;
iv. Public art and other beautification projects; and
v. Affordable or special needs housing.
d) For the purpose of calculating gross floor area, the following are
exempted:
Table 1
Maximum Exempted
Parcel
Amenity Floor Area
4B142 - 7 Setbacks
(1) Buildings shall be set back from property lines to the closest
building face, excluding any underground or partially-exposed
parking structure, window wells, balcony columns, alcove
projections or projecting balconies, with said projecting balconies
not to exceed a depth of 2 m (6.5 ft.), all as established by
development permit and in accordance with "Table 2" and
"Figure 1".
Table 2
F 4.0m(13.1 ft.)
J 11.0m(36.1 ft.)
M 0 m (0 ft.)
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a) The maximum permitted height for any building in the CD142 Zone,
shall be regulated by geodetic elevation as follows, with specific
building height provisions based on "Table 3" and the map attached
labelled "Schedule B".
Table 3
48 142 - 9 Coverage
Table 4
I I
Parcel Maximum Building Coverage
South Parcel 65%
North Parcel 65%
Table 5
Parcel Maximum Site Coverage
South Parcel 75%
North Parcel 75%
Table 6
b) The provision of small car parking spaces shall not exceed 35% of
the required parking spaces when calculated separately for the
South Parcel and the North Parcel.
Table 7
(d) The Zoning Map is amended in the case of the lands illustrated on the
attached map (Schedule A) by rezoning the land from the Tourist
Commercial Zone 4 (C4) and Marine Drive Commercial Zone (C9) to
Comprehensive Development Zone CD142 and Neighbourhood Park (NP).
(e) The Siting Area Map section is amended by deleting Plan Section C/1 and
replacing it with the revised Plan Section C/1 attached in Schedule C.
Effective Date
Municipal Clerk
ADOPTED
Municipal Clerk
CD104
CD106
C4
f0'd%i TOURIST COMMERCIAL ZONE (C4) AND MARINE DRIVE COMMERCIAL ZONE (C9) TO
COMPREHENSIVE DEVELOPMENT ZONE (CD142)
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TOURIST COMMERCIAL ZONE (C4) AND MARINE DRIVE COMMERCIAL ZONE (C9) TO
NEIGHBOURHOOD PARK ZONE (NP) f~
Curling Road
Existing Property Line
North Parcel
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312
ATTACHMENT_ 3_ _
Bylaw 8574
The Council for The Corporation of the District of North Vancouver enacts as follows:
Citation
1. This bylaw may be cited as "Housing Agreement Bylaw 857 4, 2022 (2050 Marine
Drive - Market Rental Housing)".
2. The Council hereby authorizes a housing agreement between The Corporation of the
District of North Vancouver and Marvel Developments (Lions Gate Village) Ltd.
substantially in the form attached to this Bylaw as Schedule "A" with respect to the
portion of the following lands outlined in bold and labelled as "South Parcel" on the
sketch plan attached hereto as Schedule "B":
a) PIO 004-811-054, Lot 1 of Lot 1 Block 15 District Lot 764 Plan 14885;
b) PIO 009-283-862, Lot 2 Block 15 District Lot 764 Plan 10846;
c) PIO 005-260-817, Lot 3 Block 15 District Lot 764 Plan 10846; and
d) PIO 005-260-809, Lot 1 Block 15 District Lot 764 Plan 10846.
Execution of Documents
3. The Mayor and Municipal Clerk are authorized to execute any documents required to
give effect to the Housing Agreement.
ADOPTED
Municipal Clerk
BETWEEN:
("Marvel")
AND:
(the "District")
WHEREAS :
A. Marvel is the registered owner in fee simple oflands in the District of North Vancouver,
British Columbia legally described in Item 2 of the Form C General Instrument Part 1 to
which this Agreement is attached and which forms part of this Agreement (the "Lands");
B. Section 219 of the Land Title Act permits the registration of a covenant of a negative or
positive nature in favour of the District in respect of the use of land, construction on land
or the subdivisions ofland;
C. Section 483 of the Local Government Act permits the District to enter into a housing
agreement with an owner ofland, which agreement may include terms and conditions
regarding the occupancy, tenure and availability of dwelling units located on the Lands;
and
D. The elected council of the District has adopted Housing Agreement Bylaw 8574, 2022
authorizing the District to enter into this Agreement; and
E. Marvel and the District wish to enter into this Agreement to restrict the subdivision and
use of, and construction on, the Lands on the terms and conditions of this agreement, to
have effect as both a covenant under section 219 of the Land Title Act and a housing
agreement under section 483 of the Local Government Act.
314
Document: 5599757
NOW THEREFORE in consideration of the sum of $10.00 now paid by the District to Marvel
and other good and valuable consideration, the receipt and sufficiency of which the Owner
hereby acknowledges, the parties covenant and agree pursuant to Section 219 of the Land Title
Act (British Columbia) as follows:
(a) "Consumer Price Index" means the all-items consumer price index published by
Statistics Canada, or its successor in function, for British Columbia (based on a
calendar year);
(b) "Development Covenant" means the section 219 covenant registered in favour of
the District against title to the Lands under No. _ _ _ _ __
(c) "Director" means the District's General Manager of Planning, Permits and
Properties and his or her designate;
(d) "Dwelling Unit" means a room or set of rooms containing cooking and sanitary
facilities and designed to be used for residential occupancy by one or more
persons;
(e) "Lands" has the meaning given to it in Recital A hereto prior to completion of the
registration at the LTO of the partial discharge(s) pursuant to section 5 herein, and
after completion of the registration at the LTO of said discharge(s) means the
Rental Units Remainder Parcel;
(f) "LTO" means the Lower Mainland Land Title Office and any successor of that
office.
(g) "Master Development Plan" has the meaning given to it in the Development
Covenant;
(h) "Mixed Use Building A" means the 27 storey apartment building containing, inter
alia, the Rental Dwelling Units constructed or to be constructed on the Lands
generally as shown on the Master Development Plan;
(i) "Owner" means Marvel and any other person or persons registered in the LTO as
owner of the Lands from time to time, or of any parcel into which the Lands are
consolidated or subdivided, whether in that person's own right or in a
representative capacity or otherwise;
Document: 5599757
315
(k) "Rental Units Remainder Parcel" means the remainder parcel created by the air
space subdivision of the Lands containing the Rental Dwelling Units generally as
shown on the sketch plan attached hereto as Schedule "A";
(1) "Subdivided" means the division of land into two or more parcels by any means,
including by deposit of an air space subdivision plan or other subdivision plan
under the Land Title Act, lease, or deposit of a strata plan or bare land strata plan
under the Strata Property Act (including deposit of any phase of a phased bare
land strata plan).
2. Mixed Use Building A-Mixed Use Building A must contain the Rental Dwelling Units.
3. Use of Rental Dwelling Units -The Rental Dwelling Units may not be used for any
purpose whatsoever save and except for the purpose of rental housing pursuant to arm's
length month-to-month residential tenancy agreements or arm's length residential
tenancy agreement with terms not exceeding one year in duration (including all periods in
respect of which any rights or renewal, contingent or otherwise have been granted).
4. Arm's Length - For the purpose of this Agreement, "arm's length" means:
(a) not in any other contractual relationship with the Owner or any director, officer or
other senior employee of the Owner;
(c) not employed by any corporate entity that is an affiliate of the Owner, as that term
is defined in the British Columbia Business Corporations Act as of the date of this
Agreement,
provided that the Director may, in his or her sole discretion, relax the restrictions
contained in this section 4 upon the written request of the Owner on a case-by-case basis.
Any such relaxation in relation to any particular residential tenancy agreement is not to
be construed as or constitute a waiver of the requirements in relation to any other
residential tenancy agreement. No relaxation of the restrictions in this section 4 will be
effective unless it is granted in writing by the Director prior to the execution and delivery
of the residential tenancy agreement to which the relaxation relates
5. Partial Discharge - At the request of the Owner and at the Owner's sole expense, the
District will deliver to the Owner discharge(s) in registrable form discharging this
Agreement (including a discharge of the section 219 covenant and rent charge and notice
of housing agreement referred to in section 11) from all of the Lands other than the Rental
Units Remainder Parcel, provided that:
(a) the air space subdivision creating the Rental Units Remainder Parcel is deposited
and fully registered at the LTO;
Document: 5599757
316
(b) the Director is satisfied that the Owner has met all of its obligations under all
provisions of the Development Covenant that relate to the Rental Dwelling Units,
Mixed Use Building A, or the Rental Units Remainder Parcel, and has obtained
occupancy permits for Mixed Use Building A and all Dwelling Units located
therein (including the Rental Dwelling Units); and
(c) this Section 219 Covenant and Rent Charge - Housing Agreement remains
registered at the LTO against title to the Rental Units Remainder Parcel in favour
of the District in priority to all financial charges.
6. No Subdivision - The Rental Units Remainder Parcel, once created, and any
improvements from time to time thereon may not be subdivided by any means
whatsoever, including, without limitation, by subdivision plan, strata plan, fractional
interest, lease or otherwise.
7. Duty to Account and Report - In addition to the other covenants and obligations to be
performed by the Owner hereunder, the Owner covenants and agrees that it will:
(a) keep or cause to be kept separate true and accurate records and accounts in
accordance with generally accepted accounting principles regarding the rental
income earned from each of the Rental Dwelling Units; and
(b) deliver to the District, on request of the District, copies of all current tenancy
agreements in respect of the Rental Dwelling Units.
8. Statutory Declaration - Within three days after receiving notice from the District, the
Owner must deliver to the District a statutory declaration, substantially in the form
attached as Schedule "B", sworn by the Owner (or a director or officer of the Owner if
the Owner is a corporation) under oath before a commissioner for taking affidavits in
British Columbia, containing all of the information required to complete the statutory
declaration.
(a) The Owner acknowledges that the District requires compliance with the
provisions in this Agreement for the benefit of the community. The Owner
therefore agrees that for each day the Lands are occupied in breach of this
Agreement, the Owner must pay the District $200.00 (the "Daily Amount"), as
liquidated damages and not as a penalty, due and payable at the offices of the
District on the last day of the calendar month in which the breach occurred. The
Daily Amount is increased on January 1 each calendar year by the 12 month
average percent increase in the Consumer Price Index for the previous calendar
year. The Owner agrees that payment may be enforced by the District in a court of
competent jurisdiction as a contract debt.
(b) By this section, the Owner grants to the District a rent charge under section 219 of
the Land Title Act, and at common law, securing payment by the Owner to the
District of the amounts described in subsection 9(a). The District agrees that
317
Document: 5599757
enforcement of the rent charge granted by this section is suspended until the date
that is 30 days after the date on which any amount due under subsection 9(a) is
due and payable to the District in accordance with subsection 9(a). The District
may enforce the rent charge granted by this section by an action for an order for
sale or by proceedings for the appointment of a receiver.
(c) The Director may, in his or her sole discretion, grant to the Owner full or partial
relief from the obligation to pay liquidated damages on a case-by-case basis if the
Owner establishes to the satisfaction of the Director, in the Director's discretion,
that the breach for which the Daily Amount is payable was inadvertent. No such
relief in relation to any particular default is to be construed as or deemed to
constitute relief in relation to any other default other default.
10. Specific Performance - The Owner agrees that, without affecting any other rights or
remedies the District may have in respect of any breach of this Agreement, the District is
entitled to obtain an order for specific performance of this Agreement and a prohibitory
or mandatory injunction in respect of any breach by the Owner of this Agreement. The
Owner agrees that this is reasonable given the public interest in restricting occupancy of
the Lands in accordance with this Agreement.
11. Notice of Housing Agreement - For clarity, the Owner acknowledges and agrees that:
(a) this Agreement constitutes both a covenant under section 219 of the Land Title
Act and a housing agreement entered into under section 483 of the Local
Government Act;
(b) the District is required to file a notice of housing agreement in the LTO against
title to the Lands; and
(c) once such a notice is filed, this Agreement, as a housing agreement under section
483 of the Local Government Act, binds all persons who acquire an interest in the
Lands in perpetuity.
9. Compliance with Laws - The Owner will at times ensure that the Lands are used and
occupied in compliance with all statutes, laws, regulations, bylaws, and orders of the
District and other authorities having jurisdiction, including all rules, regulations, policies,
guidelines and the like under or pursuant to them.
10. Cost - The Owner shall comply with all requirements of this Agreement at its own cost
and expense, and shall pay the reasonable costs and expenses incurred and payment and
expenditures made by the District, including without limitation, all survey, advertising,
legal fees and disbursements and the District's administration costs (as determined by the
District's charge out rate for District staff time) in connection with the preparation or
enforcement of this Agreement and all other covenants, agreements and statutory rights
of way granted by the Owner to the District or entered into between the Owner and the
District in respect of the development of the Lands contemplated in this Agreement and
ancillary documents and any modifications, discharges and partial discharges of them
from time to time, and the costs of registration of such documents in the LTO.
318
Document: 5599757
11. Limitation on Owner's Obligations - The Owner is only liable for breaches of this
Agreement that occur while the Owner is the registered owner of the Lands.
(a) reference to the singular includes a reference to the plural, and vice versa, unless
the context requires otherwise;
(b) any reference to a statute or by-law includes and is a reference to such statute or
by-law and to the regulations made pursuant thereto, with all amendments made
thereto and as in force from time to time, and to any statute, by-law and
regulations that may be passed which have the effect of supplementing or
superseding such statute, by-law and regulations;
(c) article and section headings have been inserted for ease of reference only and are
not to be used in interpreting this Agreement;
(e) reference to the "Lands" or to any other parcel of land is a reference also to any
parcel into which it is subdivided or consolidated by any means (including the
removal of interior parcel boundaries) and to each parcel created by any such
subdivision or consolidations;
(t) if a word or expression is defined in this Agreement, other parts of speech and
grammatical forms of the same word or expression have corresponding meanings;
(g) reference to any enactment includes any regulations, orders, permits or directives
made or issued under the authority of that enactment;
(k) reference to a "party" is a reference to a party to this Agreement and the their
respective heirs, executors, successors (including successors in title), trustees,
administrators and receivers;
(1) reference to the District is a reference also to is elected and appointed official,
officer, employees and agents;
Document: 5599757
319
(m) reference to a "day'', "month", "quarter", or "year" is a reference to a calendar
day, calendar month, calendar quarter or calendar year, as the case may be, unless
otherwise expressly provided;
(n) where the word "including" is followed by a list, the contents of the list are not
intended to circumscribe the generality of the expression preceding the word
"including"; and
13. Notice-All notices and other communications required or permitted to be given under
this Agreement must be in writing and must be sent by registered mail or delivered as
follows:
Attention:
Any notice or other communication that is delivered is considered to have been given on
the next business day after it is dispatched for delivery. Any notice or other
communication that is sent by registered mail is considered to have been given five days
after the day on which it is mailed at a Canada Post office. If there is an existing or
threatened strike or labour disruption that has caused, or may cause, an interruption in the
mail, any notice or other communication must be delivered until ordinary mail services is
restored or assured. If a party changes its address it must immediately give notice of its
new address to the other party as provided in this section.
320
Document: 5599757
14. No Waiver-No provision or breach ofthis Agreement, or any default, is to be
considered to have been waived or acquiesced in by a party unless the waiver is express
and is in writing by the party. The waiver by a party of any breach by the other party of
any provision, or default, is not to be construed as or constituted a waiver of any further
or other breach or the same or any other provision or default.
15. Rights are Cumulative - All rights and remedies of a party under or in respect of this
Agreement (including its breach) are cumulative and are in addition to, and do not
exclude or limit any other right or remedy. All rights and remedies may be exercised
concurrently.
16. Third Party Beneficiaries - Except as may be expressly provided in this Agreement,
this Agreement is not be interpreted to create rights in, or to grant remedies to, any third
party as a beneficiary of this Agreement or of any duty or obligation created by this
Agreement.
17. No Effect on Laws or Powers -This Agreement and the Owner's contributions,
obligations and agreements set out in this Agreement do not:
(a) affect or limit the discretion, rights or powers of the District or the approving
officer under any enactment or at common law, including in relation to the use,
development, servicing or subdivision of the Lands;
(b) impose on the District or the approving Officer any legal duty or obligation,
including any duty of care or contractual or other legal duty or obligation, to
enforce this Agreement;
(c) affect or limit any enactment relating to the use, development or subdivision of
the Lands; or
(d) relieve the Owner from complying with any enactment, including in relation to
the use, development, servicing or subdivision of the Lands.
18. Binding Effect - This Agreement endures to the benefit of and is binding upon the
parties and their respective heirs, executors, administrators, trustees, receivers and
successors (including successors in title).
19. Covenant Runs With the Lands - Every provision of this Agreement and every
obligation and covenant of the Owner in this Agreement, constitutes a deed and a
contractual obligation, and also a covenant granted by the Owner to the District in
accordance with section 219 of the Land Title Act, and this Agreement burdens the Lands
to the extent provided in this Agreement, and runs with them and binds the Owner's
successors in title. This Agreement also burdens and runs with every parcel into which
the Lands are consolidated (including by the removal of interior parcel boundaries) by
any means.
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20. Voluntary Agreement - The Owner acknowledges that the Owner has entered into this
Agreement voluntarily and has taken legal advice with regard to the entry of this
Agreement and the development of the Lands.
21. Agreement for Benefit of District Only - The Owner and the District agree that:
(a) this Agreement is entered into only for the benefit of the District;
(b) this Agreement is not intended to protect the interests of the Owner, any tenant, or
any future owner, lessee, occupier or user of the property, the Lands or the
building or any portion thereof, including any Dwelling Unit; and
(c) the District may at any time execute a release and discharge of this Agreement,
without liability to anyone for doing so, and without obtaining the consent of the
Owner.
22. Limitation on Owner's Obligations -The Owner is only liable for breaches of this
Agreement that occur while the Owner is the registered owner of the Lands.
23. Further Acts - The Owner must do everything reasonably necessary to give effect to the
intent of this Agreement, including execution of further instruments.
24. Joint Obligations of Owner - If two or more persons execute this Agreement as Owner,
the liability of each such person to observe and perform all of the Owner's obligations
pursuant to this Agreement will be deemed to be joint and several.
25. Severance - If any part of this Agreement is held to be invalid, illegal or unenforceable
by a court having the jurisdiction to do so, that part is to be considered to have been
severed from the rest of this Agreement and the rest of this Agreement remains in force
and unaffected by that holding or by the severance of that part.
26. No Joint Ventureship - Nothing in this Agreement shall constitute the Owner as the
agent, joint venturer or partner of the District or give the Owner any authority or power to
bind the District in any way.
27. Amendment - This Agreement may be amended from time to time by agreement
between the Owner and the District. Except as otherwise expressly provided in this
Agreement, the amendment agreement must be by an instrument in writing duly executed
by the Owner and the District.
28. Deed and Contract - By executing and delivering this Agreement each of the parties
intends to create both a new contract and a deed of covenant executed and delivered
under seal.
As evidence of their agreement to be bound by the above terms, the parties each have executed
and delivered this Agreement under seal by executing Part 1 of the Land Title Act Form C to
which this Agreement is attached and which forms part of this Agreement.
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Schedule "A" to Housing Covenant and Rent Charge
Sketch Plan of Rental Building Air Space Parcel
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324
ATTACHMENT_ 4.;;..,__
Bylaw 8575
The Council for The Corporation of the District of North Vancouver enacts as follows:
Citation
1. This bylaw may be cited as "Housing Agreement Bylaw 8575, 2022 (2050 Marine
Drive - Non-Market Rental Housing)".
2. The Council hereby authorizes a housing agreement between The Corporation of the
District of North Vancouver and Marvel Developments (Lions Gate Village) Ltd.
substantially in the form attached to this Bylaw as Schedule "A" with respect to the
portion of the following lands outlined in bold and labelled as "South Parcel" on the
sketch plan attached hereto as Schedule "B":
Execution of Documents
3. The Mayor and Municipal Clerk are authorized to execute any documents required to
give effect to the Housing Agreement.
ADOPTED
Municipal Clerk
BETWEEN:
AND:
(the "District")
WHEREAS:
A. The Developer is the registered owner in fee simple oflands in the District of North
Vancouver, British Columbia legally described in Item 2 of the Form C General
Instrument Part 1 to which this Agreement is attached and which forms part of this
Agreement (the "Land");
B. Section 219 of the Land Title Act permits the registration of a covenant of a negative or
positive nature in favour of the District in respect of the use ofland, construction on land
or the subdivisions of land;
C. Section 483 of the Local Government Act permits the District to enter into a housing
agreement with an owner of land, which agreement may include terms and conditions
regarding the occupancy, tenure and availability of dwelling units located on the Land;
D. The elected council of the District has adopted Housing Agreement Bylaw 8575, 2022
authorizing the District to enter into this Agreement; and
E. The Developer and the District wish to enter into this Agreement to restrict the
subdivision and use of, and construction on, the Land on the terms and conditions of this
agreement, to have effect as both a covenant under section 219 of the Land Title Act and
a housing agreement under section 483 of the Local Government Act.
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326
NOW THEREFORE in consideration of the sum of$10.00 now paid by the District to the
Developer and other good and valuable consideration, the receipt and sufficiency of which the
Owner hereby acknowledges, the parties covenant and agree pursuant to section 219 of the Land
Title Act (British Columbia) as follows:
(a) "Affordable Rental Building" means the 4 storey apartment building containing
the Affordable Rental Units constructed or to be constructed within the
Affordable Rental Building Air Space Parcel generally as shown on the Master
Development Plan;
(b) "Affordable Rental Building Air Space Parcel" means the air space parcel created
by the air space subdivision of the Land generally as shown on the sketch plan
attached hereto as Schedule "B" containing the Affordable Rental Building;
(c) "Affordable Rental Units" means collectively the 8 studio Dwelling Units, 8 one
bedroom Dwelling Units, 21 two bedroom Dwelling Units, and 4 three bedroom
Dwelling Units in the Affordable Rental Building each in the locations and
satisfying the criteria and requirements set out in the Development Covenant;
provided that the Owner may from time to time, subject to obtaining the prior
written approval of the Director, reconfigure and change the location of the
Affordable Rental Units in the Affordable Rental Building, provided that the mix
of Affordable Rental Units does not change and provided further that the
aggregate number of Affordable Rental Units in the Affordable Rental Building
will always be no less than 41. The Director's approval of a proposed
reconfiguration or change in the location of the Affordable Rental Units will not
be withheld provided that the proposed reconfiguration or change is, in the
reasonable opinion of the Director, at least equal to the Affordable Rental Units
being reconfigured or changed in size, quality and condition;
(d) "Annual Allowable Adjustmenf' means an increase in the Maximum Rate once
each calendar year by the lesser of:
(i) the 12 month average percent increase in the Consumer Price Index for the
previous calendar year; or
(ii) the annual rent increase amount provided for in the Residential Tenancy
Act and regulations made thereunder; or
(iii) the average annual percent increase over the previous calendar year in the
rent charged for the market rental units in the Market Rental Units
Remainder Parcel of similar size which are occupied at any time during
the previous calendar year.
If the 12 month average percent change in the Consumer Price Index for any
calendar year is less than zero then the affordable rent for the following year must
not be increased, but may be decreased at the Owner's discretion;
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327
(e) "Approving Officer" means the approving officer for the District appointed under
the Land Title Act;
(t) "Consumer Price Index" means the all-items consumer price index published by
Statistics Canada, or its successor in function, for British Columbia (based on a
calendar year);
(g) "Development Covenant" means the covenant under section 219 of the Land Title
Act dated for reference _ _ ___, 20_ granted by the Owner to the District and
registered at the LTO against the Land under number CA_ _ __
(h) "Director" means the District's General Manager of Planning, Permits and
Properties and his or her designate;
(i) "Discounted Rental Rate" means for each Affordable Rental Unit:
(i) for the calendar year in which a certificate of final occupancy is issued for
the Buildings by the District, the amount set out in Schedule "A" for the
applicable Affordable Rental Unit increased by the Annual Allowable
Adjustment from the calendar year in which this Agreement is executed
and delivered by both parties until the calendar year in which the final
occupancy permit is issued; and
(ii) for each subsequent calendar year, an amount not greater than the rent for
the preceding calendar year increased by the Annual Allowable
Adjustment for such preceding calendar year;
(j) "Dwelling Unit" has the meaning given to it in the Zoning Bylaw;
(i) aggregate annual household gross income that is less than or equal to
333% of the annual rent for the size of the Affordable Rental Unit
proposed to be rented (which rent, for greater certainty, may not be greater
than the Maximum Rate for the unit), where said aggregate income is
established by way of true copies of the previous year's income tax returns
for each household member or individual who will reside in the
Affordable Rental Unit provided, however, a person will be deemed not to
meet the Eligibility Requirements if the Owner has reasonable grounds to
believe that such person is not in need of subsidized housing (e.g. seniors
with a substantial assets or students with financial support from parents)
even if such person would otherwise meet the criteria set out above; and
(ii) a household size and composition that is commensurate with and justifies
the size of the subject Affordable Rental Unit. For example, a household
consisting of two adults would not be commensurate with and would not
justify a 3 bedroom Affordable Rental Unit;
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(1) "Land'' has the meaning given to it in Recital A hereto;
(m) "LTO" means the Lower Mainland Land Title Office and any successor of that
office;
(n) "Maximum Rate" means the Discounted Rental Rate for each Affordable Rental
Unit or another rental rate for each Affordable Rental Rate that is consented to in
writing in advance by the Director pursuant to section 6 herein;
(o) "Owner" means the Developer and any other person or persons registered in the
LTO as owner of the Land from time to time, or of any parcel into which the Land
are consolidated or subdivided, whether in that person's own right or in a
representative capacity or otherwise;
(q) "Market Rental Units Remainder Parcel" means the remainder parcel created by
the air space subdivision of the Land containing market rental Dwelling Units
generally as shown on the sketch plan attached hereto as Schedule "B";
(r) "Society" means a registered housing society approved in writing by the District;
(s) "Subdivided" means the division ofland into two or more parcels by any means,
including by deposit of an air space subdivision plan or other subdivision plan
under the Land Title Act, lease, or deposit of a strata plan or bare land strata plan
under the Strata Property Act (including deposit of any phase of a phased bare
land strata plan);
(t) Zoning Amendment Bylaw" means District of North Vancouver Rezoning Bylaw
1416 (No. 8562); and
(u) "Zoning Bylaw" means the District of North Vancouver Zoning Bylaw No. 3210,
1965 as modified by the Zoning Amendment Bylaw and as further amended,
consolidated, re-enacted or replaced from time to time.
2. No Subdivision -The Affordable Rental Building Air Space Parcel, once created, and
any improvements from time to time thereon (including without limitation the Affordable
Rental Building) may not be subdivided by any means whatsoever, including, without
limitation, by subdivision plan, strata plan, fractional interest, lease or otherwise.
The Owner and the District acknowledge and agree that the subdivision to create the
Affordable Rental Building Air Space Parcel as contemplated in this section 2 and in
section 3 is subject to all applicable enactments and to the authority of the Approving
Officer, and, for greater certainty, the Approving Officer may impose additional
conditions or requirements on the approval of any subdivision to create the said air space
parcel or otherwise.
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3. Partial Discharge - At the request of the Owner and at the Owner's sole expense, the
District will deliver to the Owner discharge(s) in registrable form discharging this
Agreement (including a discharge of the section 219 covenant, rent charge and notice of
housing agreement referred to in section 18) from all of the Land other than the Affordable
Rental Building Air Space Parcel, provided that:
(a) the air space subdivision creating the Affordable Rental Building Air Space
Parcel is deposited and fully registered at the LTO;
(b) the Director is satisfied that the Owner has met all of its obligations under all
provisions of the Development Covenant that relate to the Affordable Rental
Units, the Affordable Rental Building, and the Affordable Rental Building Air
Space Parcel, and has obtained occupancy permits for the Affordable Rental
Building and all Affordable Rental Units located therein; and
(c) this Section 219 Covenant and Rent Charge - Housing Agreement remains
registered at the LTO against title to the Market Rental Units Remainder Parcel in
favour of the District in priority to all financial charges.
4. Use and Occupancy of the Affordable Rental Building and Affordable Rental
Building Air Space Parcel - The Affordable Rental Building and Affordable Rental
Building Air Space Parcel shall not be improved, renovated or replaced for any purpose
other than for the Affordable Rental Units and shall not be used or occupied for any
purpose other than for the purpose of renting the Affordable Rental Units to persons
meeting the Eligibility Requirements in accordance with this Agreement.
5. The Housing Society-No building or structure on the Land shall be occupied for any
purpose and the District shall not issue any occupancy permit in respect of any building
or structure on the Land, and the Owner shall not offer for rent any Affordable Rental
Units in the Affordable Rental Building or enter into any residential tenancy agreements
in respect of any said Affordable Rental Units, unless and until the Owner has:
(a) entered into a lease, licence or operating agreement with the Society in respect of
the Affordable Rental Units, said agreement to be in form and substance
acceptable to the District; and
(b) caused the Society to enter into a separate agreement with the District in form and
substance acceptable to the District regarding the operation of the Affordable
Rental Units.
6. Changing the Discounted Rental Rate - The Society may request in writing that the
Director consent to the Society charging a rental rate for each Affordable Rental Unit that
is different from the Discounted Rental Rate, and the Director will not unreasonably
refuse such a request provided that the Director is satisfied, in his or her discretion, that
the change in rental rates would be fair and would result in lower rent, on an annual
aggregate basis, for the Affordable Rental Units.
(b) the other members of the person's household, provided that the income of all
members (other than income of legal dependents up to a maximum of $10,000 per
year per dependent) is included in the determination of eligibility under the
Eligibility Requirements.
9. Tenancy Agreements for Affordable Rental Units -The Owner shall not suffer, cause
or permit occupancy of any Affordable Rental Unit except pursuant to a residential
tenancy agreement that:
(a) is entered into by the Owner and, as tenant, a person at arm's length from the
Owner. For the purpose ofthis Agreement, "at arm's length" means:
(i) not in any other contractual relationship with the Owner or the Society or
any director, officer or other senior employee of the Owner or the Society;
(iii) not employed by any corporate entity that is an affiliate of the Owner or
the Society, as that term is defined in the British Columbia Business
Corporations Act as of the date of this Agreement,
provided that the Director may, in his or her sole discretion, relax the restrictions
contained in this subsection 9(a) upon the written request of the Owner on a case-
by-case basis. Any such relaxation in relation to any particular residential tenancy
agreement is not to be construed as or constitute a waiver of the requirements in
relation to any other residential tenancy agreement. No relaxation of the
restrictions in this subsection 9(a) will be effective unless it is granted in writing
by the Director prior to the execution and delivery of the residential tenancy
agreement to which the relaxation relates.
(b) does not, in relation to any Affordable Rental Unit, require payment of rent or any
other consideration for the Affordable Rental Unit directly or indirectly that ·
exceeds the Maximum Rate for the unit, but the tenant may be required to pay:
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(i) additional consideration for parking, storage and bicycle storage provided
that the additional consideration does not exceed the following amounts:
C. for a parking stall: an amount that does not exceed the amount
charged from time to time for a parking stall to tenants in the
market rental units located in the Market Rental Units Remainder
Parcel discounted by the same percentage amount as the
Discounted Rental Rate; and
(ii) third party providers directly for utilities, internet services and, if approved
by the Director acting reasonably, other services not usually included in
rent except the cost of hydronic heat, air conditioning or hot water which
must be included in Maximum Rate no matter who may be providing these
services;
(c) does not require the rent to be prepaid at an interval greater than monthly;
(d) prohibits the tenant from subletting the unit, assigning the tenancy agreement, or
operating the unit on a short term rental basis (less than one month), except to the
extent that the Residential Tenancy Act restricts or prohibits such prohibitions;
(e) requires the tenant to provide within 30 days of demand true copies of the most
recent filed income tax returns or assessment notices from Canada Revenue
Agency for each occupant of the unit; and
(f) contains a provision that, if the tenant ceases to qualify for the Affordable Rental
Unit because he or she no longer meets the Eligibility Requirements, the Society
may end the tenancy agreement by giving the tenant a clear six months' notice to
end the tenancy in accordance with section 49 .1 of the Residential Tenancy Act
(or successor legislation).
10. Rental Application Process - The Owner or the Society, as the case may be, must:
(a) accept applications for residential occupancy of the Affordable Rental Units only
from applicants meeting the Eligibility Requirements;
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(b) maintain a housing waiting list of all eligible applicants for the Affordable Rental
Units (the "Affordable Housing List"); and
(c) where Affordable Rental Units become available for occupancy, offer the units to
persons on the Affordable Housing List in the order in which their applications
were accepted, unless the person no longer meets the Eligibility Requirements;
and
(d) make the Affordable Housing List available to the District immediately upon
request.
11. Duty to Account and Report - In addition to the other covenants and obligations to be
performed by the Owner hereunder, the Owner covenants and agrees that it will:
(a) keep or cause to be kept separate true and accurate records and accounts in
accordance with generally accepted accounting principles regarding the rental
income earned from each of the Affordable Rental Units; and
(b) deliver to the District, on request of the District, copies of all current tenancy
agreements in respect of the Affordable Rental Units.
12. Statutory Declaration - Within three days after receiving notice from the District, the
Owner must deliver to the District a statutory declaration, substantially in the form
attached as Schedule "C", sworn by the Owner (or a director or officer of the Owner if
the Owner is a corporation) under oath before a commissioner for taking affidavits in
British Columbia, containing all of the information required to complete the statutory
declaration.
(a) The Owner acknowledges that the District requires compliance with the
provisions in this Agreement for the benefit of the community. The Owner
therefore agrees that for each day the Land is occupied in breach of this
Agreement, the Owner must pay the District $200.00 (the "Daily Amount"), as
liquidated damages and not as a penalty, due and payable at the offices of the
District on the last day of the calendar month in which the breach occurred. The
Daily Amount is increased on January 1 each calendar year by the 12 month
average percent increase in the Consumer Price Index for the previous calendar
year. The Owner agrees that payment may be enforced by the District in a court of
competent jurisdiction as a contract debt.
(b) By this section, the Owner grants to the District a rent charge under section 219 of
the Land Title Act, and at common law, securing payment by the Owner to the
District of the amounts described in subsection 13(a). The District agrees that
enforcement of the rent charge granted by this section is suspended until the date
that is 30 days after the date on which any amount due under subsection 13(a) is
due and payable to the District in accordance with subsection 13(a). The District
(c) The Director may, in his or her sole discretion, grant to the Owner full or partial
relief from the obligation to pay liquidated damages on a case-by-case basis if the
Owner establishes to the satisfaction of the Director, in the Director's discretion,
that the breach for which the Daily Amount is payable was inadvertent. No such
relief in relation to any particular default is to be construed as or deemed to
constitute relief in relation to any other default other default.
14. Specific Performance-The Owner agrees that, without affecting any other rights or
remedies the District may have in respect of any breach of this Agreement, the District is
entitled to obtain an order for specific performance of this Agreement and a prohibitory
or mandatory injunction in respect of any breach by the Owner of this Agreement. The
Owner agrees that this is reasonable given the public interest in restricting occupancy of
the Land in accordance with this Agreement.
15. Indemnity - Except for the negligence of the District or its employees, agents or
contractors, the Owner will indemnify and save harmless each of the District and its
elected officials, board members, officers, directors, employees, and agents, and their
heirs, executors, administrators, personal representatives, successors and assigns, from
and against all claims, demands, actions, loss, damage, costs and liabilities, which all or
any of them will or may be liable for or suffer or incur or be put to by reason of or arising
out of any act or omission by the Owner, or its officers, directors, employees, agents,
contractors, or other persons for whom at law the Owner is responsible or the Owner's
ownership, operation, management or financing of the Dwelling Units or any part
thereof, or the use and occupancy of any Dwelling Units in the Buildings by anyone.
16. Release - Except to the extent such advice or direction is given negligently, the Owner
hereby releases and forever discharges the District, its elected officials, board members,
officers, directors, employees and agents, and its and their heirs, executors,
administrators, personal representatives, successors and assigns from and against all
claims, demands, damages, actions or causes of action by reason of or arising out of
advice or direction respecting the ownership, operation or management of any Dwelling
Units in the Buildings or any part thereof which has been or hereafter may be given to the
Owner by all or any of them.
17. Survival-The covenants of the Owner set out in sections 15 and 16 will survive
termination of this Agreement and continue to apply to any breach of the Agreement or
claim arising under this Agreement during the ownership by the Owner or any Dwelling
Unit therein, as applicable.
18. Notice of Housing Agreement - For clarity, the Owner acknowledges and agrees that:
(a) this Agreement constitutes both a covenant under section 219 of the Land Title
Act and a housing agreement entered into under section 483 of the Local
Government Act;
(c) once such a notice is filed, this Agreement, as a housing agreement under section
483 of the Local Government Act, binds all persons who acquire an interest in the
Land in perpetuity.
19. Compliance with Laws -The Owner will at times ensure that the Land is used and
occupied in compliance with all statutes, laws, regulations, bylaws, and orders of the
District and other authorities having jurisdiction, including all rules, regulations, policies,
guidelines and the like under or pursuant to them.
20. Cost - The Owner shall comply with all requirements of this Agreement at its own cost
and expense, and shall pay the reasonable costs and expenses incurred and payment and
expenditures made by the District, including without limitation, all survey, advertising,
legal fees and disbursements and the District's administration costs (as determined by the
District's charge out rate for District staff time) in connection with the preparation or
enforcement of this Agreement and all other covenants, agreements and statutory rights
of way granted by the Owner to the District or entered into between the owner to the
District in respect of the development of the Land contemplated in this Agreement and
ancillary documents and any modifications, discharges and partial discharges of them
from time to time, and the costs of registration of such documents in the LTO.
21. Limitation on Owner's Obligations - The Owner is only liable for breaches of this
Agreement that occur while the Owner is the registered owner of the Land.
(a) reference to the singular includes a reference to the plural, and vice versa, unless
the context requires otherwise;
(b) any reference to a statute or by-law includes and is a reference to such statute or
by-law and to the regulations made pursuant thereto, with all amendments made
thereto and as in force from time to time, and to any statute, by-law and
regulations that may be passed which have the effect of supplementing or
superseding such statute, by-law and regulations;
(c) article and section headings have been inserted for ease ofreference only and are
not to be used in interpreting this Agreement;
(e) reference to the "Land" or to any other parcel ofland is a reference also to any
parcel into which it is subdivided or consolidated by any means (including the
removal of interior parcel boundaries) and to each parcel created by any such
subdivision or consolidations;
(g) reference to any enactment includes any regulations, orders, permits or directives
made or issued under the authority of that enactment;
(k) reference to a "party'' is a reference to a party to this Agreement and the their
respective heirs, executors, successors (including successors in title), trustees,
administrators and receivers;
(1) reference to the District is a reference also to is elected and appointed official,
officer, employees and agents;
(n) where the word "including" is followed by a list, the contents of the list are not
intended to circumscribe the generality of the expression preceding the word
"including"; and
23. Notice -All notices and other communications required or permitted to be given under
this Agreement must be in writing and must be sent by registered mail or delivered as
follows:
Attention: - - - -- -
Fax: - - -- - - --
Any notice or other communication that is delivered is considered to have been given on
the next business day after it is dispatched for delivery. Any notice or other
communication that is sent by registered mail is considered to have been given five days
after the day on which it is mailed at a Canada Post office. If there is an existing or
threatened strike or labour disruption that has caused, or may cause, an interruption in the
mail, any notice or other communication must be delivered until ordinary mail services is
restored or assured. If a party changes its address it must immediately give notice of its
new address to the other party as provided in this section.
25. Rights are Cumulative - All rights and remedies of a party under or in respect of this
Agreement (including its breach) are cumulative and are in addition to, and do not
exclude or limit any other right or remedy. All rights and remedies may be exercised
concurrently.
26. Third Party Beneficiaries - Except as may be expressly provided in this Agreement,
this Agreement is not be interpreted to create rights in, or to grant remedies to, any third
party as a beneficiary of this Agreement or of any duty or obligation created by this
Agreement.
(a) affect or limit the discretion, rights or powers of the District or the approving
officer under any enactment or at common law, including in relation to the use,
development, servicing or subdivision of the Land;
(b) impose on the District or the approving Officer any legal duty or obligation,
including any duty of care or contractual or other legal duty or obligation, to
enforce this Agreement;
(c) affect or limit any enactment relating to the use, development or subdivision of
the Land; or
(d) relieve the Owner from complying with any enactment, including in relation to
the use, development, servicing or subdivision of the Land.
29. Covenant Runs With the Land- Every provision of this Agreement and every
obligation and covenant of the Owner in this Agreement, constitutes a deed and a
contractual obligation, and also a covenant granted by the Owner to the District in
accordance with section 219 of the Land Title Act, and this Agreement burdens the Land
to the extent provided in this Agreement, and runs with it and binds the Owner's
successors in title. This Agreement also burdens and runs with every parcel into which
the Land is or they are consolidated (including by the removal of interior parcel
boundaries) by any means.
30. Voluntary Agreement-The Owner acknowledges that the Owner has entered into this
Agreement voluntarily and has taken legal advice with regard to the entry of this
Agreement and the development of the Land.
31. Agreement for Benefit of District Only - The Owner and the District agree that:
(a) this Agreement is entered into only for the benefit of the District;
(b) this Agreement is not intended to protect the interests of the Owner, any tenant, or
any future owner, lessee, occupier or user of the property, the Land or the
building or any portion thereof, including any Affordable Rental Unit; and
(c) the District may at any time execute a release and discharge of this Agreement,
without liability to anyone for doing so, and without obtaining the consent of the
Owner.
32. Limitation on Owner's Obligations - The Owner is only liable for breaches of this
Agreement that occur while the Owner is the registered owner of the Land.
33. Further Acts - The Owner must do everything reasonably necessary to give effect to the
intent of this Agreement, including execution of further instruments.
34. Joint Obligations of Owner - If two or more persons execute this Agreement as Owner,
the liability of each such person to observe and perform all of the Owner's obligations
pursuant to this Agreement will be deemed to be joint and several.
36. No Joint Ventureship - Nothing in this Agreement shall constitute the Owner as the
agent, joint venturer or partner of the District or give the Owner any authority or power to
bind the District in any way.
38. Deed and Contract - By executing and delivering this Agreement each of the parties
intends to create both a new contract and a deed of covenant executed and delivered
under seal.
As evidence of their agreement to be bound by the above terms, the parties each have executed
and delivered this Agreement under seal by executing Part 1 of the Land Title Act Form C to
which this Agreement is attached and which forms part of this Agreement.
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Schedule "A" to Section 219 Covenant - Housing Agreement
The Affordable Rental Units -Rental Rates
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ATTACHMENT S
Bylaw 8576
The Council for The Corporation of the District of North Vancouver enacts as follows:
Citation
1. This bylaw may be cited as "Housing Agreement Bylaw 8576, 2022 (2050 Marine
Drive - No Rental Restrictions - North Site)".
2. The Council hereby authorizes a housing agreement between The Corporation of the
District of North Vancouver and Marvel Developments (Lions Gate Village) Ltd.
substantially in the form attached to this Bylaw as Schedule "A" with respect to the
following lands:
a) PID 004-811-054, Lot 1 of Lot 1 Block 15 District Lot 764 Plan 14885;
b) PID 009-283-862, Lot 2 Block 15 District Lot 764 Plan 10846;
c) PIO 005-260-817, Lot 3 Block 15 District Lot 764 Plan 10846; and
d) PIO 005-260-809, Lot 1 Block 15 District Lot 764 Plan 10846.
Execution of Documents
3. The Mayor and Municipal Clerk are authorized to execute any documents required to
give effect to the Housing Agreement.
ADOPTED
Municipal Clerk
BETWEEN:
(the "Developer")
AND:
(the "District")
WHEREAS:
1. The Developer is the registered owner of the Lands (as hereinafter defined);
2. The Developer wishes to obtain development permissions with respect to the Lands and wishes
to create a condominium development which will contain residential strata units on the Lands;
3. Section 483 of the local Government Act authorises the District, by bylaw, to enter into a housing
agreement to provide for the prevention of rental restrictions on housing, and provides for the
contents of the agreement; and
4. Section 219 of the land Title Act (British Columbia) permits the registration in favour of the District
of a covenant of a negative or positive nature relating to the use of land or a building thereon, or
providing that land is to be built on in accordance with the covenant, or providing that land is not
to be built on except in accordance with the covenant, or providing that land is not to be
subdivided except in accordance with the covenant;
NOW THEREFORE in consideration of the mutual promises contained in it, and in consideration of the
payment of $1.00 by the District to the Developer (the receipt and sufficiency of which are hereby
acknowledged by the Developer), the parties covenant and agree with each other as follows, as a housing
agreement under Section 483 of the Local Government Act, as a contract and a deed under seal between
the parties, and as a covenant under Section 219 of the land Title Act, and the Developer hereby further
covenants and agrees that neither the Lands nor any building constructed thereon shall be used or built
on except in accordance with this Agreement:
1.01 Definitions
In this agreement:
(a) "Development Covenant" means the section 219 covenant registered in favour of the
District against title to the Lands under No. _ _ _ _ __,
(b) "Development Permit" means development permit No. _ _ issued by the District;
(c) "Director'' means the District's General Manager of Planning, Permits and Properties and
his or her designate;
(d) "Lands" means land described in Item 2 of the Land Title Act Form C to which this
agreement is attached;
(e) "Owner" means the Developer and any other person or persons registered in the Land
Title Office as owner of the Lands from time to time, or of any parcel into which the Lands
are consolidated or subdivided, whether in that person's own right or in a representative
capacity or otherwise;
(f) "Proposed Development'' means the proposed development containing not more than 54
residential dwelling strata Units to be constructed on the Lands in accordance with the
Development Permit and the Development Covenant;
(g) "Short Term Rentals" means any rental of a Unit for any period less than 30 days;
(h) "Strata Corporation" means the strata corporation formed upon the deposit of a plan to
strata subdivide the Proposed Development pursuant to the Strata Property Act;
(i) "Unit" means a residential dwelling strata unit in the Proposed Development and "Units"
means all of the residential dwelling strata units in the Proposed Development; and
(j) "Unit Owner" means the registered owner of a Dwelling Unit in the Proposed
Development.
2. TERM
This Agreement will commence upon adoption by District Council of Bylaw 8-9-7-8576 and remain
in effect until terminated by the District as set out in this Agreement.
3. RENTAL ACCOMODATION
No Unit in the Proposed Development may be occupied unless the Owner has:
(a) before the first Unit is offered for sale, or conveyed to a purchaser without being offered
for sale, filed with the Superintendent of Real Estate a rental disclosure statement in the
(b) given a copy of the Rental Disclosure Statement to each prospective purchaser of any Unit
before the prospective purchaser enters into an agreement to purchase in respect of the
Unit. For the purposes of this paragraph 3.0l(b}, the Owner is deemed to have given a
copy of the Rental Disclosure Statement to each prospective purchaser of any Unit in the
building if the Owner has included the Rental Disclosure Statement as an exhibit to the
disclosure statement for the Proposed Development prepared by the Owner pursuant to
the Real Estate Development Marketing Act.
The Units constructed on the Lands from time to time may always be used to provide rental
accommodation as the Owner or a Unit Owner may choose from time to time, except that this
Section 3.02 does not apply to Short Term Rentals which may be restricted by the Strata
Corporation to the full extent permitted by law.
This agreement shall be binding upon all Strata Corporations created by the subdivision of the
Lands or any part thereof (including the Units) pursuant to the Strata Property Act, and upon all
Unit Owners.
Any Strata Corporation bylaw which prevents, restricts or abridges the right to use any of the
Units as rental accommodations (other than Short Term Rentals) shall have no force or effect.
3.05 No Bylaw
The Strata Corporation shall not pass any bylaws preventing, restricting or abridging the use of
the Lands, the Proposed Development or the Units contained therein from time to time as rental
accommodation (other than Short Term Rentals).
3.06 Vote
No Unit Owner, nor any tenant or mortgagee thereof, shall vote for any Strata Corporation bylaw
purporting to prevent, restrict or abridge the use of the Lands, the Proposed Development or the
Units contained therein from time to time as rental accommodation (other than Short Term
Rentals).
The Owner will provide notice of this Agreement to any person or persons intending to purchase
a Unit prior to any such person entering into an agreement of purchase and sale, agreement for
sale, or option or similar right to purchase as part of the disclosure statement for any part of the
Proposed Development prepared by the Owner pursuant to the Real Estate Development
Marketing Act.
The District may, acting reasonably, give to the Owner written notice to cure a default under this
Agreement within 30 days of delivery of the notice. The notice must specify the nature of the
default. The Owner must act with diligence to correct the default within the time specified.
4.02 Costs
The Owner will pay to the District upon demand all the District's costs of exercising its rights or
remedies under this Agreement, on a full indemnity basis.
The Owner acknowledges and agrees that in the case of a breach of this Agreement which is not
fully remediable by the mere payment of money and promptly so remedied, the harm sustained
by the District and to the public interest will be irreparable and not susceptible of adequate
monetary compensation.
Each party to this Agreement, in addition to its rights under this Agreement or at law, will be
entitled to all equitable remedies including specific performance, injunction and declaratory
relief, or any of them, to enforce its rights under this Agreement.
The Owner acknowledges and agrees that it is entering into this Agreement to benefit the public
interest in providing rental accommodation, and that the District's rights and remedies under this
Agreement are necessary to ensure that this purpose is carried out, and the District's rights and
remedies under this Agreement are fair and reasonable and ought not to be construed as a
penalty or forfeiture.
No reference to nor exercise of any specific right or remedy under this Agreement or at law or at
equity by any party will prejudice, limit or preclude that party from exercising any other right or
remedy. No right or remedy will be exclusive or dependent upon any other right to remedy, but
any party, from time to time, may exercise any one or more of such rights or remedies
independently, successively, or in combination . The Owner acknowledges that specific
5. LIABILITY
5.01 Indemnity
Except if arising directly from the negligence of the District or its employees, agents or
contractors, the Owner will indemnify and save harmless each of the District and its board
members, officers, directors, employees, agents, and elected or appointed officials, and their
heirs, executors, administrators, personal representatives, successors and assigns, from and
against all claims, demands, actions, loss, damage, costs and liabilities that all or any of them will
or may be liable for or suffer or incur or be put to any act or omission by the Owner or its officers,
directors, employees, agents, contractors, or other persons for whom the Owner is at law
responsible, or by reason of or arising out of the Owner's ownership, operation, management or
financing of the Proposed Development or any part thereof.
5.02 Release
The Owner hereby releases and forever discharges the District, its elected officials, board
members, officers, directors, employees and agents, and its and their heirs, executors,
administrators, personal representatives, successors and assigns from and against all claims,
demands, damages, actions or causes of action by reason of or arising out of advice or direction
respecting the ownership, operation or management of the Proposed Development or any part
thereof which has been or hereafter may be given to the Owner by all or any of them.
5.03 Survival
The covenants of the Owner set out in Sections 5.01 and 5.02 will survive termination of this
Agreement and continue to apply to any breach of the Agreement or claim arising under this
Agreement during the ownership by the Owner of the Lands or any Unit therein, as applicable.
6. GENERAL PROVISIONS
(a) affects or limits any discretion, rights, powers, duties or obligations of the District under
any enactment or at common law, including in relation to the use or subdivision of land;
(b) affects or limits any enactment relating to the use of the Lands or any condition contained
in any approval including any development permit concerning the development of the
Lands; or
(c) relieves the Owner from complying with any enactment, including the District's bylaws in
relation to the use of the Lands.
(a) this Agreement is entered into only for the benefit of the District:
(b) this Agreement is not intended to protect the interests of the Owner, any Unit Owner,
any occupant of any Unit or any future owner, occupier o~ user of any part of the
Proposed Development, including any Unit, or the interests of any third party, and the
District has no obligation to anyone to enforce the terms of this Agreement; and
(c) the District may at any time terminate this Agreement, in whole or in part, and execute a
release and discharge of this Agreement in respect of the Proposed Development or any
Unit therein, without liability to anyone for doing so.
This Agreement burdens and runs with the Lands and any part into which any of them may be
subdivided or consolidated, by strata plan or otherwise. All of the covenants and agreements
contained in this Agreement are made by the Owner for itself, its successors and assigns, and all
persons who acquire an interest in the Lands or in any Unit after the date of this Agreement.
6.04 Release
The covenants and agreements on the part of the Owner and any Unit Owner and herein set forth
in this Agreement have been made by the Owner and any Unit Owner as contractual obligations
as well as being made pursuant to Section 483 of the Local Government Act (British Columbia) and
as such will be binding on the Owner and any Unit Owner, except that neither the Owner nor any
Unit Owner shall be liable for any default in the performance or observance of this Agreement
occurring after such party ceases to own the Lands or a Unit as the case may be.
The Owner will, at its expense, do or cause to be done all acts reasonably necessary to ensure this
Agreement is registered against the title to each Unit in the Proposed Development, including any
amendments to this Agreement as may be required by the Land Title Office or the District to effect
such registration.
The District and the Owner each intend by execution and delivery of this Agreement to create
both a contract and a deed under seal.
6.07 Waiver
An alleged waiver by a party of any breach by another party of its obligations under this
Agreement will be effective only if it is an express waiver of the breach in writing. No waiver of a
breach of this Agreement is deemed or construed to be a consent or waiver of any other breach
of this Agreement.
Time is of the essence in this Agreement. If any party waives this requirement, that party may
reinstate it by delivering notice to another party.
If a Court of competent jurisdiction finds that any part of this Agreement is invalid, illegal, or
unenforceable, that part is to be considered to have been severed from the rest of this Agreement
and the rest of this Agreement remains in force unaffected by that holding or by the severance of
that part.
Every obligation of a party which is set out in this Agreement will extend throughout the Term
and, to the extent that any obligation ought to have been observed or performed prior to or upon
the expiry or earlier termination of the Term, such obligation will survive the expiry or earlier
termination of the Term until it has been observed or performed.
6.11 Notices
All notices, demands, or requests of any kind, which a party may be required or permitted to serve
on another in connection with this Agreement, must be in writing and may be served on the other
parties by registered mail or by personal service, to the following address for each party:
If to the Owner:
If to the District:
The address of the registered owner which appears on title to the Unit at
the time of notice.
Service of any such notice, demand, or request will be deemed complete, if made by registered
mail, 72 hours after the date and hour of mailing, except where there is a postal service disruption
during such period, in which case service will be deemed to be complete only upon actual delivery
of the notice, demand or request and if made by personal service, upon personal service being
effected. Any party, from time to time, by notice in writing served upon the other parties, may
Upon request by the District, the Owner will promptly do such acts and execute such documents
as may be reasonably necessary, in the opinion of the District, to give effect to this Agreement.
This Agreement will enure to the benefit of and be binding upon each of the parties and their
successors and permitted assigns.
7. INTERPRETATION
7 .01 References
Gender specific terms include both genders and include corporations. Words in the singular
include the plural, and words in the plural include the singular.
7.02 Construction
The division of this Agreement into sections and the use of headings are for convenience of
reference only and are not intended to govern, limit or aid in the construction of any provision. In
all cases, the language in this Agreement is to be construed simply according to its fair meaning,
and not strictly for or against either party.
7.03 No Limitation
The word "including" when following any general statement or term is not to be construed to
limit the general statement or term to the specific items which immediately follow the general
statement or term similar items whether or not words such as "without limitation" or "but not
limited to" are used, but rather the general statement or term is to be construed to refer to all
other items that could reasonably fall within the broadest possible scope of the general statement
or term.
The words "must" and "will" and "shall" are to be construed as imperative.
7 .OS Statutes
Any reference in this Agreement to any statute or bylaw includes any subsequent amendment,
re-enactment, or replacement of that statute or bylaw.
(a) This is the entire agreement between the District and the Owner concerning its subject,
and there are no warranties, representations, conditions or collateral agreements
relating to this Agreement, except as included in this Agreement.
This Agreement is to be governed by and construed and enforced in accordance with the laws of
British Columbia.
As evidence of their agreement to be bound by the terms of this instrument, the parties hereto have
executed the land Title Act Form C that is attached hereto and forms part of this Agreement.
Bylaw 8577
The Council for The Corporation of the District of North Vancouver enacts as follows:
Citation
1. This bylaw may be cited as "Housing Agreement Bylaw 8577, 2022 (2050 Marine
Drive - No Rental Restrictions - South Site)".
2. The Council hereby authorizes a housing agreement between The Corporation of the
District of North Vancouver and Marvel Developments (Lions Gate Village) Ltd.
substantially in the form attached to this Bylaw as Schedule "A" with respect to the
portion of the following lands outlined in bold and labelled as "South Parcel" on the
sketch plan attached hereto as Schedule "B":
a) PIO 004-811-054, Lot 1 of Lot 1 Block 15 District Lot 764 Plan 14885;
b) PIO 009-283-862, Lot 2 Block 15 District Lot 764 Plan 10846;
c) PIO 005-260-817, Lot 3 Block 15 District Lot 764 Plan 10846; and
d) PIO 005-260-809, Lot 1 Block 15 District Lot 764 Plan 10846.
Execution of Documents
3. The Mayor and Municipal Clerk are authorized to execute any documents required to
give effect to the Housing Agreement.
ADOPTED
Municipal Clerk
BETWEEN:
(the "Developer")
AND:
(the "District")
WHEREAS:
1. The Developer is the registered owner of the Lands (as hereinafter defined);
2. The Developer wishes to obtain development permissions with respect to the Lands and wishes
to create a condominium development which will contain residential strata units on the Lands;
3. Section 483 of the local Government Act authorises the District, by bylaw, to enter into a housing
agreement to provide for the prevention of rental restrictions on housing, and provides for the
contents of the agreement; and
4. Section 219 of the Land Title Act (British Columbia) permits the registration in favour of the District
of a covenant of a negative or positive nature relating to the use of land or a building thereon, or
providing that land is to be built on in accordance with the covenant, or providing that land is not
to be built on except in accordance with the covenant, or providing that land is not to be
subdivided except in accordance with the covenant;
NOW THEREFORE in consideration of the mutual promises contained in it, and in consideration of the
payment of $1.00 by the District to the Developer (the receipt and sufficiency of which are hereby
acknowledged by the Developer), the parties covenant and agree with each other as follows, as a housing
agreement under Section 483 of the Local Government Act, as a contract and a deed under seal between
the parties, and as a covenant under Section 219 of the Land Title Act, and the Developer hereby further
covenants and agrees that neither the Lands nor any building constructed thereon shall be used or built
on except in accordance with this Agreement:
1.01 Definitions
In this agreement:
(a) "Development Covenant" means the section 219 covenant registered in favour of the
District against title to the Lands under No. _ _ _ _ ___,
(b) "Development Permit" means development permit No. _ _ issued by the District;
(c) "Director" means the District's General Manager of Planning, Permits and Properties and
his or her designate;
(d) "Lands" means land described in Item 2 of the Land Title Act Form C to which this
agreement is attached;
(e) "Owner" means the Developer and any other person or persons registered in the Land
Title Office as owner of the Lands from time to time, or of any parcel into which the Lands
are consolidated or subdivided, whether in that person's own right or in a representative
capacity or otherwise;
(f) "Proposed Development" means the proposed development containing not more than
158 residential dwelling strata Units to be constructed on the Lands in accordance with
the Development Permit and the Development Covenant;
(g) "Short Term Rentals" means any rental of a Unit for any period less than 30 days;
(h) "Strata Building Air Space Parcel" means the air space parcel created by the air space
subdivision of the Lands generally as shown on the sketch plan attached hereto as
Schedule "A" containing, inter alia, all of the residential dwelling strata Units;
(i) "Strata Corporation" means the strata corporation formed upon the deposit of a plan to
strata subdivide the Proposed Development pursuant to the Strata Property Act;
(j) "Unit" means a residential dwelling strata unit in the Proposed Development and "Units"
means all of the residential dwelling strata units in the Proposed Development; and
(k) "Unit Owner" means the registered owner of a Dwelling Unit in the Proposed
Development.
2. TERM
This Agreement will commence upon adoption by District Council of Bylaw 8577 and remain in
effect until terminated by the District as set out in this Agreement.
No Unit in the Proposed Development may be occupied unless the Owner has:
(a) before the first Unit is offered for sale, or conveyed to a purchaser without being offered
for sale, filed with the Superintendent of Real Estate a rental disclosure statement in the
prescribed form (the "Rental Disclosure Statement") designating all of the Units as rental
strata lots and imposing at least a 99 year rental period in relation to all of the Units
pursuant to the Strata Property Act (or any successor or replacement legislation), except
in relation to Short Term Rentals and, for greater certainty, stipulating specifically that
the 99 year rental restriction does not apply to a Strata Corporation bylaw prohibiting or
restricting Short Term Rentals; and
(b) given a copy of the Rental Disclosure Statement to each prospective purchaser of any Unit
before the prospective purchaser enters into an agreement to purchase in respect of the
Unit. For the purposes of this paragraph 3.0l(b), the Owner is deemed to have given a
copy of the Rental Disclosure Statement to each prospective purchaser of any Unit in the
building if the Owner has included the Rental Disclosure Statement as an exhibit to the
disclosure statement for the Proposed Development prepared by the Owner pursuant to
the Real Estate Development Marketing Act.
The Units constructed on the Lands from time to time may always be used to provide rental
accommodation as the Owner or a Unit Owner may choose from time to time, except that this
Section 3.02 does not apply to Short Term Rentals which may be restricted by the Strata
Corporation to the full extent permitted by law.
This agreement shall be binding upon all Strata Corporations created by the subdivision of the
Lands or any part thereof (including the Units) pursuant to the Strata Property Act, and upon all
Unit Owners.
Any Strata Corporation bylaw which prevents, restricts or abridges the right to use any of the
Units as rental accommodations (other than Short Term Rentals) shall have no force or effect.
3.05 No Bylaw
The Strata Corporation shall not pass any bylaws preventing, restricting or abridging the use of
the Lands, the Proposed Development or the Units contained therein from time to time as rental
accommodation (other than Short Term Rentals).
No Unit Owner, nor any tenant or mortgagee thereof, shall vote for any Strata Corporation bylaw
purporting to prevent, restrict or abridge the use of the Lands, the Proposed Development or the
Units contained therein from time to time as rental accommodation (other than Short Term
Rentals).
3.07 Notice
The Owner will provide notice of this Agreement to any person or persons intending to purchase
a Unit prior to any such person entering into an agreement of purchase and sale, agreement for
sale, or option or similar right to purchase as part of the disclosure statement for any part of the
Proposed Development prepared by the Owner pursuant to the Real Estate Development
Marketing Act.
At the request of the Owner and at the Owner's sole expense, the District will deliver to the Owner
discharge(s) in registrable form discharging this Agreement from all of the Lands other than the
Strata Building Air Space Parcel, provided that:
(a) the air space subdivision creating the Strata Building Air Space Parcel is deposited and
fully registered at the Land Title Office;
(b) the Director is satisfied that the Owner has met all of its obligations all of its obligations
under all provisions of the Development Covenant that relate to the air space subdivision
to create the Strata Building Air Space Parcel, and has obtained occupancy permits for the
Units located therein; and
(c) this Section 219 Covenant - Housing Agreement remains registered at the LTO against
title to the Strata Building Air Space Parcel (and each strata lot located in the Strata
Building Air Space Parcel) in favour of the District in priority to all financial charges.
The District may, acting reasonably, give to the Owner written notice to cure a default under this
Agreement within 30 days of delivery of the notice. The notice must specify the nature of the
default. The Owner must act with diligence to correct the default within the time specified.
4.02 Costs
The Owner will pay to the District upon demand all the District's costs of exercising its rights or
remedies under this Agreement, on a full indemnity basis.
The Owner acknowledges and agrees that in the case of a breach of this Agreement which is not
fully remediable by the mere payment of money and promptly so remedied, the harm sustained
by the District and to the public interest will be irreparable and not susceptible of adequate
monetary compensation.
Each party to this Agreement, in addition to its rights under this Agreement or at law, will be
entitled to all equitable remedies including specific performance, injunction and declaratory
relief, or any of them, to enforce its rights under this Agreement.
The Owner acknowledges and agrees that it is entering into this Agreement to benefit the public
interest in providing rental accommodation, and that the District's rights and remedies under this
Agreement are necessary to ensure that this purpose is carried out, and the District's rights and
remedies under this Agreement are fair and reasonable and ought not to be construed as a
penalty or forfeiture.
No reference to nor exercise of any specific right or remedy under this Agreement or at law or at
equity by any party will prejudice, limit or preclude that party from exercising any other right or
remedy. No right or remedy will be exclusive or dependent upon any other right to remedy, but
any party, from time to time, may exercise any one or more of such rights or remedies
independently, successively, or in combination. The Owner acknowledges that specific
performance, injunctive relief (mandatory or otherwise) or other equitable relief may be the only
adequate remedy for a default by the Owner under this Agreement.
5. LIABILITY
5.01 Indemnity
Except if arising directly from the negligence of the District or its employees, agents or
contractors, the Owner will indemnify and save harmless each of the District and its board
members, officers, directors, employees, agents, and elected or appointed officials, and their
heirs, executors, administrators, personal representatives, successors and assigns, from and
against all claims, demands, actions, loss, damage, costs and liabilities that all or any of them will
or may be liable for or suffer or incur or be put to any act or omission by the Owner or its officers,
directors, employees, agents, contractors, or other persons for whom the Owner is at law
responsible, or by reason of or arising out of the Owner's ownership, operation, management or
financing of the Proposed Development or any part thereof.
5.02 Release
The Owner hereby releases and forever discharges the District, its elected officials, board
members, officers, directors, employees and agents, and its and their heirs, executors,
5.03 Survival
The covenants of the Owner set out in Sections 5.01 and 5.02 will survive termination of this
Agreement and continue to apply to any breach of the Agreement or claim arising under this
Agreement during the ownership by the Owner of the Lands or any Unit therein, as applicable.
6. GENERAL PROVISIONS
(a) affects or limits any discretion, rights, powers, duties or obligations of the District under
any enactment or at common law, including in relation to the use or subdivision of land;
(b) affects or limits any enactment relating to the use of the Lands or any condition contained
in any approval including any development permit concerning the development of the
Lands; or
(c) relieves the Owner from complying with any enactment, including the District's bylaws in
relation to the use of the Lands.
(a) this Agreement is entered into only for the benefit of the District:
(b) this Agreement is not intended to protect the interests of the Owner, any Unit Owner,
any occupant of any Unit or any future owner, occupier or user of any part of the
Proposed Development, including any Unit, or the interests of any third party, and the
District has no obligation to anyone to enforce the terms of this Agreement; and
(c) the District may at any time terminate this Agreement, in whole or in part, and execute a
release and discharge of this Agreement in respect of the Proposed Development or any
Unit therein, without liability to anyone for doing so.
This Agreement burdens and runs with the Lands and any part into which any of them may be
subdivided or consolidated, by strata plan or otherwise. All of the covenants and agreements
contained in this Agreement are made by the Owner for itself, its successors and assigns, and all
persons who acquire an interest in the Lands or in any Unit after the date of this Agreement.
The covenants and agreements on the part of the Owner and any Unit Owner and herein set forth
in this Agreement have been made by the Owner and any Unit Owner as contractual obligations
as well as being made pursuant to Section 483 of the Local Government Act (British Columbia) and
as such will be binding on the Owner and any Unit Owner, except that neither the Owner nor any
Unit Owner shall be liable for any default in the performance or observance of this Agreement
occurring after such party ceases to own the Lands or a Unit as the case may be.
The Owner will, at its expense, do or cause to be done all acts reasonably necessary to ensure this
Agreement is regist1:;red against the title to each Unit in the Proposed Development, including any
amendments to this Agreement as may be required by the Land Title Office or the District to effect
such registration.
The District and the Owner each intend by execution and delivery of this Agreement to create
both a contract and a deed under seal.
6.07 Waiver
An alleged waiver by a party of any breach by another party of its obligations under this
Agreement will be effective only if it is an express waiver of the breach in writing. No waiver of a
breach of this Agreement is deemed or construed to be a consent or waiver of any other breach
of this Agreement.
6.08 Time
Time is of the essence in this Agreement. If any party waives this requirement, that party may
reinstate it by delivering notice to another party.
If a Court of competent jurisdiction finds that any part of this Agreement is invalid, illegal, or
unenforceable, that part is to be considered to have been severed from the rest of this Agreement
and the rest of this Agreement remains in force unaffected by that holding or by the severance of
that part.
Every obligation of a party which is set out in this Agreement will extend throughout the Term
and, to the extent that any obligation ought to have been observed or performed prior to or upon
the expiry or earlier termination of the Term, such obligation will survive the expiry or earlier
termination of the Term until it has been observed or performed.
All notices, demands, or requests of any kind, which a party may be required or permitted to serve
on another in connection with this Agreement, must be in writing and may be served on the other
parties by registered mail or by personal service, to the following address for each party:
If to the Owner:
If to the District:
The address of the registered owner which appears on title to the Unit at
the time of notice.
Service of any such notice, demand, or request will be deemed complete, if made by registered
mail, 72 hours after the date and hour of mailing, except where there is a postal service disruption
during such period, in which case service will be deemed to be complete only upon actual delivery
of the notice, demand or request and if made by personal service, upon personal service being
effected . Any party, from time to time, by notice in writing served upon the other parties, may
designate a different address or different or additional persons to which all notices, demands, or
requests are to be addressed.
Upon request by the District, the Owner will promptly do such acts and execute such documents
as may be reasonably necessary, in the opinion of the District, to give effect to this Agreement.
This Agreement will enure to the benefit of and be binding upon each of the parties and their
successors and permitted assigns.
7. INTERPRETATION
7.01 References
Gender specific terms include both genders and include corporations. Words in the singular
include the plural, and words in the plural include the singular.
The division of this Agreement into sections and the use of headings are for convenience of
reference only and are not intended to govern, limit or aid in the construction of any provision. In
all cases, the language in this Agreement is to be construed simply according to its fair meaning,
and not strictly for or against either party.
7.03 No Limitation
The word "including" when following any general statement or term is not to be construed to
limit the general statement or term to the specific items which immediately follow the general
statement or term similar items whether or not words such as "without limitation" or "but not
limited to" are used, but rather the general statement or term is to be construed to refer to all
other items that could reasonably fall within the broadest possible scope of the general statement
or term.
The words "must" and "will" and "shall" are to be construed as imperative.
7.05 Statutes
Any reference in this Agreement to any statute or bylaw includes any subsequent amendment,
re-enactment, or replacement of that statute or bylaw.
(a) This is the entire agreement between the District and the Owner concerning its subject,
and there are no warranties, representations, conditions or collateral agreements
relating to this Agreement, except as included in this Agreement.
(b) This Agreement may be amended only by a document executed by the parties to this
Agreement and by bylaw, such amendment to be effective only upon adoption by District
Council of a bylaw to amend Bylaw 84e-h8577.
This Agreement is to be governed by and construed and enforced in accordance with the laws of
British Columbia.
As evidence of their agreement to be bound by the terms of this instrument, the parties hereto have
executed the Land Title Act Form C that is attached hereto and forms part of this Agreement.
Document: 5606904
364
ATTACHMENT -=,..
ROCKANDEL&ASSOCIATES
Building Success Through Process Facilitation
Organizational & Community Engagement
PUBLIC INFORMATION MEETING REPORT
Attendees: 52 members of the public attended the meeting, In addition, the following project
team members, and District of North Vancouver staff were in attendance.
District of North Vancouver
Tamsin Guppy, Planner, District of North Vancouver
Project Consultants
Community Engagement: Samantha Potter, Sophie Perndl, Kara Matheson,
Brook Pooni Associates
Development Management: Barry Savage, Three Shores Development
Architecture & Urban Design: Andrew Browne, Stuart Jones, Farnaz Abed, IBI
Landscape Architecture: David Stoyko, Connect Landscape Architecture
Transportation Engineers: Mladen Pecanac, IBI
Facilitator
Catherine Rockandel, Rockandel & Associates
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PRESENTATION SUMMARY
The Official Community Plan (OCP) designates this site as Commercial Residential Mixed Use 2
(CRMU2). The application as submitted proposes approximately:
• 208 owned (condominium) units in a 29-storey tower with adjacent townhouses
• 56 owned (condominium) units in a six-storey building with adjacent townhouses
• 35 affordable rental apartments in a four-storey building
• Two floors of underground parking and a new public park are proposed.
To support public engagement in the meeting a sign language interpreter was provided and
presentation boards handouts were translated into Farsi.
Key Themes
Twenty (20) comment forms were received at the meeting, of which fourteen (14) individuals
expressed support for the proposal and six (6) did not indicate support but provided comments.
There was no (0) individuals that indicated they were opposed to the development.
The key themes heard in the facilitated Q&A were also reflected in the comment sheets. Some
individuals mentioned more than one theme in their comments.
• Twelve (12) comment forms focused on mixed housing and affordability issues including
consideration of more market rental and senior housing
• Seven (7) comment forms focused on traffic issues in the area including some comments
related to bus movements that impact traffic congestion
• Two (2) comment forms about parking in the local area including suggestions for
changing parking orientation on Curling Road
• Two (2) comments forms focused on the Marine Drive interface with development
including sidewalks and open space improvements.
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between Marine Drive and Curling Road and it has a road that connects to Glenaire and
also connects to a new road that is currently a service road being used for truck deliveries.
Curling will ultimately connect onto McGuire but that will only happen if and when the
Comfort Inn and Best Western choose to redevelop.
Q2 Are they going to provide some stops or depots for the buses? I would like to understand
how that works.
A2 (Tamsin Guppy) There is an existing bus stop on the south side of the Grouse Inn and
Grouse Inn's application includes a widening of this bus stop and the development of a
new public plaza . That application has been approved and they are going through the
building permit process right now. They will probably start construction later this year or
early next year. The application we are discussing tonight is right next door so we didn't
need or ask for another bus stop. We will be getting better pedestrian connections.
People coming from Woodcraft will be able to come straight down Glenaire and down a
public path. For those, in the future that will be living in the Belle Isle developments or in
the Larco project there will be a greenway trail that comes down. We are working on the
landscape plan so that there will be a nice connection through the park and down the
eastern side to bring you to Marine Drive as quickly as possible.
C3 I am concerned about the parking and traffic. If you have extra lanes as a perimeter to
the development you have open space that could be used for vertical parking. All the
parking on top is parallel. If you turn them 90 degrees and add another lane for backing
up into the lane before Curling Road you could go from 12-15 feet of parking to 35 feet of
parking. It is still open space but it would be double the parking. You should also think
about the future and the possibility of wanting to widen that road. If you make that extra
lane right now with vertical parking that would become possible. If you get future
developers to do this as well maybe eventually an additional lane could be added to
Marine Drive. The traffic is already bad and it is just going to get worse when the village
project is completed.
A3 It comes down to extra street parking. Currently there is street parking along Curling Road
and along the Crescent. Parking was placed according to city plans so we have been
forced to place them where they decided they were to be. We agree there are other
opportunities to increase the street parking but it comes down to the District approved
parking locations.
Q4 Will you provide housing for people with disabilities and those who are homeless? I see
you will offer 35 discounted units but what does that mean? Is that intended for those
people or other kinds of people?
A4 The discounted or subsidized rental is proposed to be provided at CMHC Level 2. That is a
35% discount from average rents for any given unit. This is based on average rents for
purpose built rental.
The District has a policy for enhanced accessibility requirements and adaptable unit
requirements. The project will meet all of those requirements.
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CS I am happy to see that there is more densification and more multi-family densification
happening on the North Shore. It gives some of us that grew up on the North Shore a
chance to move back. Yes, densification brings more traffic issues but hopefully we will
have some good resolutions for that. Overall, I am happy and impressed to see some
diversity in housing stock because that has always been lacking on the North Shore.
C6 I want to applaud the District for working with the proponent to ensure that purpose built
rental is included in this project and the fact that this is affordable purpose built rental.
On the North Shore we have a nearly zero vacancy rate and this is persistently continuing.
We need to build more propose built rental here on the North Shore and in the District.
The reality is that we need to get away from cars and the future is less cars and not more
of them. Because of this, I wouldn't get too hung up on the parking.
C7 I take the bus and the bus trip from that bus stop to downtown takes about 20 minutes.
QB I know densification is happening all over the world but my concern at the moment is the
fact that you are increasing densification by stealth and we are now going up to 29
stories. Can you please tell me where I can see a 29 storey apartment building in North
Van district at this time?
A8 Seylynn by Second Narrows Bridge has several towers between 24 and 32 stories. In
terms of density, this project isn't any denser than it was when it was shorter. We just
squeezed it because we have a bigger park and more roads and now an affordable
housing building. The market condo part remains at the same square footage it is just in a
different shape.
Q9 When I phoned the District, the person on the front counter was not aware of any 29
stories or higher buildings so you might want to make sure that your people at the District
know. My concern is that we will have a forest of towers. The woman at City Hall was
very helpful in explaining density to me. We hear at these meetings that there is going to
be lots of parks for children but where are these children going to go to school?
A9 (Tamsin Guppy) This area is within the Capilano and Norgate Elementary School
catchments and both schools have space in them. At the current time Capilano
elementary also has the IB program in it to keep the number of students up to be able to
keep the doors open. Schools are funded by the number of students not by the school
itself and that is why some schools were closed in the past.
ClO It is my understanding that Capilano Elementary is full but that there are spaces at
Norgate. I would think the majority of children would have to go to Norgate.
Cll We live in the Woodcraft building and I had a problem finding a school near this area so it
is a huge problem for parents. Lions Gate Bridge is already so busy and I don't understand
how the District can approve having more tall buildings, I just feel it is going to be a
disaster. If Lions Gate Bridge was bigger there would be no problem but three lanes and
so many people traveling to downtown is going to be a huge problem.
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C12 I think this is a huge opportunity for millennials and people who are looking to be part of
community and invest in the community where they can give into the community. If you
look between the borders there is not really anything that we feel we could be a part of. I
think this is an addition to the community and it is just going to bring benefit to the
community.
C13 There is a valid concern about traffic and public transportation. I think there is lack of
communication between the City and the residents of the Lower Mainland in general and
the municipalities all together. We can't just increase the traffic to a point where people
are forced to get rid of their cars and use public transportation. I know it is extremely
hard to get funding for public transport but we are not creative at all. There are all kinds
of things that could be done with Lions Gate Bridge, there could also be more Sea Buses.
It seems tax payers don't want to pay more for public transport because they don't
understand why they have to. There seems to be a lack information and communication.
A13 Translink is currently planning the B Line along Marine Drive and is due to open
September 2019. The B Line goes across the North Shore and you would have to transfer
to go downtown. There is also a plan to increase the Sea Buses.
C14 The transportation plan is to have Curling cross over to McGuire where there will be lights
on Marine Drive to bypass Capilano and Marine. The problem is the motels withdrew
their applications so there is no Curling crossing Capilano at this time. The timing for this
project is wrong. You are going to put these towers in with nowhere to go. You won't get
out of Curling because Curling will not cross until the hotels put their applications in.
A14 (Tamsin Guppy) As a municipality, one of the things we are obligated to consider is how
we house our own residents. We have many wonderful single-family homes but they are
expensive and not always great for seniors. We need to look at what our housing options
are and that includes more apartments to compliment the single-family homes. We could
put those anywhere but we tried to focus on town centres where there are services and
buses so that some of those people wouldn't have to buy a second car and could
sometimes possibly catch the bus. Right now, the adjacent bus stop has a bus every two
minutes during rush hour which is better than anywhere else on the North Shore. That is
why we focus development in places like this. The long-term vision is that we provide
other ways out. Glenaire is already open so you can drive up to Fullerton and across. We
are currently working with the owner of the other property, with the hopes of opening up
a piece to create this link in the shorter term. We are still trying to play through when this
could happen. This application being discussed today is still at its early stages and hasn't
even started the Council process. We are at least four or five years out so we do have
some time to achieve some other linkages.
C15 You didn't let the people know where the buses will ultimately be going on McGuire.
Currently buses coming off the Lions Gate Bridge go up Capilano Road and the ones
coming down go down Garden. They are all to go on McGuire once the hotels put in their
applications.
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AlS (Tamsin Guppy) In the implementation plan, that is what we explored with Translink. We
are currently having more workshops with Translink to see if we might be able to have
the buses on Capilano Road. In the short term, we can still continue to use Garden
Avenue.
C16 In the OCP, the tower was supposed to be tapering down so it was supposed to be 19
stories not 29. The public was presented with an OCP that they approved in 2011 at 19
stories. I still think it needs to be lowered.
Q17 I didn't get an answer to my question and am still wondering why we can't have a setback
along Marine Drive for all new development? It would leave 20 feet for a bus stop. It is
for public transportation not parking. Then when the bus stops the traffic can flow by.
A17 (Tamsin Guppy) The developer is prepared to give up land for roads and road
improvements. You are right that we need more land to make our roads work better. We
ask developers when they go through rezoning to give up land for that purpose. 29% of
this site is already being proposed for roads.
C18 They are giving more land to the north side and they want to make it green. Why don't
they give it to Marine Drive so when the bus parks, traffic can flow on the bridge?
A18 (Tamsin Guppy) We have people that want to ride safely on Curling so we want enough
land that we can have a shared bike lane on Curling Road. We agree that better traffic
flow is needed and are working hard on a variety of measures to make that happen over
time.
Q19 Will you make crossing at Capilano and Marine safer for pedestrians? Maybe with a ramp
or overpass?
A19 (Tamsin Guppy) The implementation plan of 2013 was a best guess but as each
application comes in, we work harder to improve. We listen to comments and try to
adjust. What we have now for the Grouse Inn is land dedication that they have given up
to get a whole extra lane. We have tried to address the design of this crossing and there
is a ramp to get across and it will be a fully accessible intersection. Every new intersection
we do will have ramps down. We are also looking at tactile strips for those people with
visual disabilities. We work with organizations like the Rick Hansen Foundation to try to
improve our public realm and make our communities as inclusive as possible. We find
that people feel safer with wider and safer sidewalks with shops' looking onto them
instead of using a pedestrian overpass that is closed in, especially at night.
(Traffic Engineer) Another option is to increase the traffic light times for pedestrians to
cross as well.
C20 We have serious problems right now with traffic jams on Capilano and Marine Drive. To
me, a simple solution would be to allow cars coming south on Capilano to turn first and
then allow the green lights to turn from north going south, that way they wouldn't create
a traffic jam. That is the problem now and then when you start to use Curling for moving
all the development vehicles and work, it is going to be a huge problem. There is not
adequate space for the vehicles, you need an extra lane which you don't have.
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A20 I believe the District is planning on having a south bound left turn lane in the future that
would allow better operation of the signal. The signal timings can be tweaked to improve
the operation.
C21 That is something that should be done right now.
C22 The concept of overhead walkways were in the first iteration that came out for the
Village. The District removed the overhead walkways because they didn't want to pay for
them. Everything here is being paid for by the developers and the District didn't want to
put in any more money and put in the walkways.
C23 Every time I come to these meetings I hear you talk about shops at street level. I have
been very disappointed with the development of the shops along Marine Drive. There
are essentially no shops along Marine Drive. If we are talking about the future, many
people are already using online shopping so we won't be using shops. There will be no
need and there will be no lights of shops shining on Capilano Road as there aren't already
on Marine Drive. It is a dead area and you aren't going to be able to generate stores, they
are going to disappear. I think it might be good if by the time we get to the next iteration
you can think of a different way of describing what is going to happen here.
Q24 Have you thought about helping the NDP with the process of lowering the price of
housing for first time buyers? Have you thought about doing anything besides the 35%
rental? That is much lower than what I had in mind. I thought they were going to build up
a huge complex of rental apartments in this area. If you are going to do this, maybe 50-
60% of them should have to be rental to help with the housing problem.
A24 In terms of the market units, we don't' know what price we will be offering them at. We
don't know what programs we are going to offer. We have at least 18 months of a City
process to go through so it is far too early to decide on that. With regards to the rental,
the buildings that are under construction right now, the Larco buildings, they are 100%
rental.
C25 I am interested in hearing about any plans moving forward that the City may have in
regards to helping first time home buyers
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Pie e
The Marvel Group is hosting a Public Information Meeting for
our proposal in Lions Gate Village. Located at 2050-2070
Marine Drive, the proposal is for one 26-storey tower, one
6-storey and one 2-storey building which includes 22 ground
oriented townhomes, office and amenity space.
DETAILS
Date: SaturdHy, May 27, 2017
~ ',. *
MEETING LOCATION:
GROUSE INN MEETING ROOM
1633 CAPILANO RD
NORTH VANCOUVER
Please note· this information package is being distributed to residents within approximately 400 metres
of the proposed development site, in accordance with District of North Vancower policy.
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Marvel Group: Travelodge Public Information Meeting Summary
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DESIGN CONCEPT
SITE MAP
QUESTIONS?
Tamsin Guppy Samantha Potter
Planner, District of North Vancouver Projects Manager, Brook Pooni Associates
t: ('-,()4-990-2360 t: 604- 731 .9053
e: [email protected] e: sr,[email protected] 1
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Marvel Group: Travelodge Public Information Meeting Summary
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Information packages are being distributed to residents within approximately 400 meters
of the proposed development site. If you would like more information please contact Sophie
Perndl at Brook Pooni Associates at 604-731-9053 orTamsin Guppy at the District of North
Vancouver at 604-990-2391.
Please note: this is not a Public Hearing. DNV Council will receive a report from staff on issues
raised at the meetina and will fonnallv consider the orooosal at a later date.
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Developer's
Public Information Meeting #2
Revised Proposal:
A 29-storey residential tower,
a 6-storey residential building,
a 4-storey purpose-built
subsidized rental building,
and an expanded public park.
Included would be a range
of residential units including
townhomes and rental housing.
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