Lantzville looking for authorized guidance to stay clear of complying with mandated density

The District of Lantzville is not fascinated in applying provincial housing density improvements unless expected to do so.

Final fall, the province passed various housing-associated bills to amend municipal zoning bylaws, which in accordance to a team report serve to “amend restrictive zoning bylaws that have resulted in a prevalence of solitary-household dwellings that are no extended economically attainable for quite a few B.C. inhabitants.”

1 of these costs outlines least density specifications, mandating three to 4 units on heaps zoned for one-household dwellings.

“I have no desire in observing three-storey residences on every lot in Lantzville. If our lawful crew claims or else we can talk about it then,” claimed Coun. Jonathan Lerner for the duration of a committee of the full assembly April 17. “My fears are with heading from eight-metre top to 11-metre peak, two-storey to 3-storey on essentially each individual lot that has sewer and h2o. A necessity to have setbacks that are just a couple metres from the road, it’s possible fewer.”

In response, Lerner launched a recommendation for a bylaw to instruct personnel “to retain present Lantzville web-site standards, these kinds of as top, parcel protection and setback necessities.”

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Coun. Ian Savage and Joan Jones agreed with Lerner’s interpretation of it as optional.

“I would like that authorized impression in writing when it arrives due to the fact looking at by means of in this article I am also seeing the similar phrases that these are ‘recommended,’” Jones included.

Team suggested council that they have been given authorized belief that explained to them it was a prerequisite, but stated more lawful guidance could be acquired.

The bylaw received its first looking through at a assembly Wednesday, April 24.

“This is simply that it has occur down to a issue of impression what the coverage handbook states,” Savage said. “So I would like to keep it that council will have the last say and if they really feel for this the policy handbook offers us leeway, that’ll be our decision.”

George Robinson, director of arranging and group expert services, replied that he has attained out to Lidstone and Organization Law Corporation for lawful information and that the response would be included to the agenda at an future in-digital camera assembly.

“I would genuinely caution, the advice administration as been presented from ministry, from legal, from other municipalities, is that if we are not heading to go with the web-site specifications that are laid out in the guide pretty explicitly, that we have to provide extremely intensive justification for it,” he claimed. “I would motivate not striking this piece for now right until council receives lawful assistance.”

The amendment handed 3-2 with Mayor Mark Swain and Coun. Rachelle Mundell voting versus. Equally dissenting councillors expressed that they wished to wait for lawful guidance prior to moving forward.

“I’m likely to rely on staff’s know-how listed here and their due diligence in this complete process, and fundamentally we’ll entertain the authorized opinion when it comes, but in the meantime I won’t guidance this modification,” Swain explained.

Council has right up until the close of June to put into practice the demanded zoning adjustments or the province will intervene, issuing a 30-day letter of compliance, then overriding the municipality’s zoning bylaw.

One more housing-relevant piece of provincial laws close to transit-oriented enhancement was significantly less controversial amongst council. The legislation sets least allowable densities in just prescribed distances from transit exchanges.

The only transit station applicable to Lantzville is Woodgrove Centre’s RDN Transit trade, which is regarded as temporary.

Robinson advised council on April 17 that team was instructed by the province to briefly go a relevant bylaw for it, then repeal it if Woodgrove’s transit trade is moved farther from Lantzville jurisdictional boundaries. Work to re-locate the trade is not expected to be done until Oct at the earliest.

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