Local Service Area Bylaw – 33 Helmcken Road (Eagle Creek Village)

Planning & Development Report

TO: Committee of the Whole FROM: Jeff Chow, MCIP, RPP, Senior Planner DATE: March 3, 2016 MEETING DATE: March 8, 2016 FILE NO: 3360-20-2013-04

LOCAL SERVICE AREA BYLAW - 33 Helmcken Road (Eagle Creek Village)

RECOMMENDATION:

THAT the March 3, 2016 report from the Senior Planner titled "Local Service Area Bylaw - 33 Helmcken Road (Eagle Creek Village)" be received;

AND THAT Committee of the Whole recommend to Council that staff be directed to prepare a Local Area Service bylaw for storm water management and landscape maintenance both on and off-site along the Helmcken Road and Watkiss Way frontages of 33 Helmcken Road (Eagle Creek Village).

CHIEF ADMINISTRATIVE OFFICER'S COMMENTS:

I concur with the recommendations.

DIRECTOR OF FINANCE'S COMMENTS:

I concur with the recommendations.

DIRECTOR OF DEVELOPMENT SERVICES' COMMENTS:

I concur with the recommendations.

PURPOSE OF REPORT:

1. To provide information regarding the preparation of a Local Service Area bylaw for the provision of municipal services to Eagle Creek Village for stormwater and landscape management.
2. To provide direction to staff regarding the management of on- and off-site landscaping along Helmcken Road and Watkiss Way.

BACKGROUND:

Eagle Creek Village is a mixed use development comprised of a shopping centre with offices and a 60-unit rental apartment. Construction is nearing completion, with occupancy permits issued for three buildings to date. The approval of Development Permit 2013/04 authorizing the development included a requirement for a Local Area Service Bylaw to upgrade ditches in the public boulevard along Helmcken Road and Watkiss Way into rain gardens and bio-swales to provide stormwater management for the site. This was necessary because soils on the site were not suitable for treatment and infiltration as required by development permit guidelines. Also, the provision of underground parking below buildings and surface parking did not leave sufficient area for on-site stormwater management.

PROPOSAL:

That the Local Area Service bylaw for stormwater management for 33 Helmcken Road include provisions for maintaining on- and off-site landscaping.

DISCUSSION:

The key issues include the following:

1. Why should landscape maintenance be included in the Local Area Service bylaw for stormwater management?
2. How would the bylaw be implemented?
3. What are the alternatives?
4. What are the next steps?

1. Including Landscape Maintenance in the Local Area Service Bylaw

Buildings were sited near the road to enhance the street presence. The area between the buildings and the public sidewalk will have extensive, good quality plantings that will be installed shortly. Like the stormwater management facilities, the plantings will be partly on the property and partly in the Town’s road right-of-way (see Figure 1 and Attachment 2).

In working out the administrative details for the Local Area Service bylaw with the applicant for stormwater management, it was found that property line meanders through planting areas and it will be difficult to determine the line between public and private property on site. It was agreed with the applicant that it would be more efficient for the Town to look after the planting areas (which are also served by one irrigation system) between the buildings and the sidewalk as shown in Attachment 2.

The full cost of landscape maintenance would be recovered from the property owner through the Local Area Service Bylaw because the landscape design was proposed and installed by the property developer in order to benefit the shopping centre and is a key component of the development’s aesthetic. The density of planting in the boulevard exceeds municipal standards, but the Official Community Plan supports a high quality built environment in the Northern Gateway Community Corridor and this development will be key entrance feature. By providing this service, the Town can ensure that the plantings would be properly maintained in accordance with BC Landscape Standards (Level 2 – Groomed).

2. How the bylaw would be implemented

The Community Charter provides broad authority to municipalities for the provision of services. A Local Area Service bylaw allows the Town to recover costs of the provided service from benefitting property owners through (addition to) property taxes or through a parcel tax.

The installation of stormwater management facilities and planting is currently underway. On completion, there will be a one year warranty period where the installer will maintain all the planting. In spring of 2017, a new contractor would take over maintenance with monthly costs billed to the Town. The costs would be recovered from the property owner as part of the property tax process starting in 2017.

3. Alternative Option

Alternatively, the Town could enter into a boulevard maintenance agreement that the property owner maintain offsite landscaping. The advantage would be that the scale of administration the Local Area Service Bylaw would be less but staff considers that to be outweighed by the disadvantages, which are as follows:

1. There would be confusion between contractors as to where standard landscaping ends and rain garden and bio-swale plantings begin.
2. There is little recourse available if a property owner stops maintenance.
3. There is no obligation to provide replacements if plantings fail.
4. Boulevard maintenance agreements do not run with the land (i.e. do not apply to a new owner).

Should a boulevard maintenance agreement be supported, an alternative recommendation has been provided:

ALTERNATE RECOMMENDATION:

THAT the March 3, 2016 report from the Senior Planner titled "Local Service Area Bylaw - 33 Helmcken Road (Eagle Creek Village)" be received;

AND THAT it be recommended to Council that Staff be directed to prepare a Local Area Service bylaw for storm water management only and that the Town enter into a boulevard maintenance agreement with the property owner.

4. Next Steps

The Local Area Service bylaw for storm water management will be presented to Council for consideration once direction has been received on the whether landscape maintenance should be included.

RECOMMENDATION:

THAT the March 3, 2016 report from the Senior Planner titled "Local Service Area Bylaw - 33 Helmcken Road (Eagle Creek Village)" be received;

AND THAT Committee of the Whole recommend to Council that staff be directed to prepare a Local Area Service bylaw for storm water management and landscape maintenance both on and off-site along the Helmcken Road and Watkiss Way frontages of 33 Helmcken Road (Eagle Creek Village).

SUBMITTED BY: Jeff Chow, MCIP, RPP, Senior Planner

REVIEWED BY: Michael Dillabaugh, CPA, CA, Director of Finance

REVIEWED BY: Lindsay Chase, MCIP, RPP, Director of Development Services

ATTACHMENTS:

1. Subject Property Map
2. Plan L1 – Landscape Concept Plan – Small & Rossell Landscape Architects – April 23, 2015