REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT

Transcription

1 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT ON May, 204 REVIEW OF CITY CENTRE REVITALIZATION TAX EXEMPTION BYLAW NO AND NORTH SHORE REVITALIZATION TAX EXEMPTION BYLAW NO PURPOSE To bring forward for discussion the eligibility criteria and current economics of the City Centre Revitalization and North Shore Revitalization Tax Exemption Bylaws, as outline in the Council Strategic Plan. SUMMARY The City adopted City Centre Revitalization Tax Exemption Bylaw No in In 2008, staff were directed by Council to review the City Centre tax exemption boundaries of the specified area and the possibility of including other eligible criteria within the tax exemption. After receiving input from two Council workshops in 2008 and 2009, the bylaw was amended and City Centre Revitalization Tax Exemption Bylaw No (Attachment "A") was adopted in The amendments included: Expanding the tax exemption area that follows the boundaries around properties zoned CBD (Central Business District) and south to Columbia Street to include hotel/motels in the Columbia Street corridor; Removing all residential uses and implementing the requirement that new residential improvements have 50% of the gross building floor area dedicated to rental residential units; Adding the construction of new hotels/motels; Adding the construction of underground or above ground parking structures containing public parking; and Extending the term of the tax exemption from five years to ten years at 00% (previously years six to ten were on a sliding scale of 80%, 60%, 40%, and 20%). North Shore Revitalization Tax Exemption Bylaw No (Attachment "B"), adopted in 2008, has not undergone any major amendments aside from minor housekeeping items. Revitalization tax exemption bylaws can provide tax exemptions for developments that promote sound planning principals, such as social sustainability, increased density, rental and affordable housing, green building design, mixed uses, and overall revitalization of specified areas. The Revitalization Tax Exemption Bylaws provide the opportunity for property owners within the specified areas who wish to either improve existing buildings or construct new buildings to receive an exemption on their municipal taxes for the increased portion of the assessed value resulting from the improvement. T:\DES\PLAN & DEV\REP\204\City Centre and N Shore Revitalization Tax Exemption Bylaws.docx 2

2 REVIEW OF CITY CENTRE REVITALIZATION TAX EXEMPTION May, 204 BYLAW NO AND NORTH SHORE REVITALIZATION TAX Page 2 EXEMPTION BYLAW NO Properties eligible for the City Centre tax exemption receive a 00% municipal exemption for a ten-year term. Properties eligible for the North Shore tax exemption receive up to 00% municipal exemption, depending on the number of objectives the project achieves in accordance with the Development Checklist and Development Incentive Matrix (Attachment "C"), as outlined in the North Shore Neighbourhood Plan. The current tax exemption eligibility criteria are determined by location and by the type of construction as follows: City Centre Revitalization Tax Exemption Bylaw No : Construction of new improvements must: - have 50% of the gross building floor area dedicated to rental residential uses; - be a hotel/motel; or - be an underground parking structure or an above ground multi-storey parking structure that includes public parking and only the area dedicated to public parking will be eligible for tax exemption; and Projects involving alteration of existing buildings must have construction being a minimum of $00,000 worth of improvements or 30% of assessed value and include a public realm improvement. North Shore Revitalization Tax Exemption Bylaw No : Construction of a new improvement or alteration of an existing improvement must be in accordance with the minimum requirements set forth in the development checklist and the incentive matrix outlines in the North Shore Neighbourhood Plan (Attachment "C") Since the adoption of the bylaws, the City has received 8 applications processed for a tax exemption in the specified areas (eight in the City Centre and ten in the North Shore), five of which were the multi-phased development of Library Square located at 707 Tranquille Road. All of the North Shore applications were for the construction of new development and all included new residential units. Of the City Centre applications, six were for the redevelopment of existing properties and two were for the construction of new improvements, including the Mosaic apartment building and the Sandman Hotel, which is currently under construction. These applications have amounted to $669,75 tax dollars foregone for the City Centre and $693,980 tax dollars forgone for the North Shore, for a total of $,363,696 tax dollars foregone to the end of 204. There are eight applications either still under construction and have not yet been assessed or were completed in the past year and have not yet received tax exemptions to date. See the summary table below identifying the tax dollars (municipal portion only) exempted to date and estimates of the outstanding tax dollars to be exempted for existing projects in the City Centre and North Shore revitalization tax exemption areas. It should be noted that each $ million exempted is equivalent to an approximate % increase in taxes. Current Approved Tax Exemptions Up to 204 Projected Beyond Total Term 204 City Centre $669,75 $4,25,80 $4,794, North $693,980 $2,736,480 $3,430, Shore Combined $,363,696 $6,86,660 $8,225,356 T:\DES\PLAN & DEV\REP\204\City Centre and N Shore Revitalization Tax Exemption Bylaws.docx 3

3 REVIEW OF CITY CENTRE REVITALIZATION TAX EXEMPTION May, 204 BYLAW NO AND NORTH SHORE REVITALIZATION TAX Page 3 EXEMPTION BYLAW NO After the City Centre Revitalization Tax Exemption Bylaw was amended in 2009 implementing the requirement that 50% of the gross floor area be dedicated to rental residential use, no new residential use tax exemption applications have been received. The addition of hotel/motel has facilitated the development of one new hotel (Sandman Signature), located at 205 Lorne Street, and the redevelopment of two existing hotels (DoubleTree by Hilton and Hotel 540), located at 339 St. Paul Street and 540 Victoria Street. The tax exemptions have aided in the viability of a number of new developments on the North Shore, as well as new and redeveloped buildings within the City Centre. The development community and the Kamloops Central Business Improvement Association have expressed concerns, primarily regarding the requirement that 50% gross floor area of new residential improvements be dedicated to rental residential use. The development checklist and incentive matrix utilized to determine the percentage of tax exemption on the North Shore has proven successful as it has resulted in the addition of quality developments that adhere to sound planning policy and urban design. Further, the Council Strategic Plan identified brownfield (contaminated) sites as a discussion item. There are a number of vacant and/or underutilized brownfield (contaminated) sites within the City Centre and North Shore tax revitalization tax exemption areas, including a former dry cleaning operation and decommissioned gas stations. To encourage redevelopment of brownfield sites, Council could consider adding brownfield development to the list of the eligibility criteria in both the City Centre and North Shore Revitalization Tax Exemption Bylaws. RECOMMENDATION: For Council information only. M. Kwiatkowski, P.Eng. Development and Engineering Services Director Approved for Council Consideration: Concurrence: S. E. Edwards, BBA, CMA, Finance Director Author: B. Smith, MCIP, RPP, Planner Reviewed by: E. Beach, MCIP, RPP, Planning and Development Supervisor BS/lm/tb/lm/kjm Attachments T:\DES\PLAN & DEV\REP\204\City Centre and N Shore Revitalization Tax Exemption Bylaws.docx 4

4 Attachment.. A.. CITY OF KAMLOOPS CITY CENTRE REVITALIZATION TAX EXEMPTION BY-LAW NO , 2009 Effective Date - August, 2009 This is a consolidation of "City of Kamloops City Centre Revitalization Tax Exemption By-law No , 2009". The amendment by-laws listed below have been combined with the original by-law for convenience only. This consolidation is not a legal document. The original by-laws should be consulted for all interpretations and applications on this subject. Amendment By-law Effective Date By-law No Section 0- Multi-phase developments 200 June 8 The by-law numbers in the margins of this consolidation refer to the by-laws that amended the principal by-law "City of Kamloops City Centre Revitalization Tax Exemption By-law No , 2009". 5

5 This is a consolidated by-law prepared by the City of Kamloops for information only. To verify the accuracy and currency of this information, please contact Legislative Services at or legjslate@kamloops.ca. CITY OF KAMLOOPS BY-LAW NO A BY-LAW TO PROVIDE FOR REVITALIZATION TAX EXEMPTION IN A SPECIFIED AREA OF THE CITY CENTRE WHEREAS Council may, by by-law, establish a revitalization tax exemption program; AND WHEREAS Council wishes to establish a revitalization tax exemption program in a specified area of the City of Kamloops' city centre for the purposes and objectives of, including but not limited to, strengthening the viability of existing businesses, stimulating and encouraging new private investment, encouraging higher density rental residential development, encouraging public parking in new parking structures, improving the image and attractiveness of the revitalization area, and better utilizing City infrastructure; AND WHERAS Council has adopted a revitalization tax exemption program to accomplish the above-stated purposes and objectives by encouraging new projects which are constructed, maintained, operated, and used in a fashion that is consistent with and will foster the principles set out in the City of Kamloops' Official Community Plan; AND WHEREAS Council has designated revitalization tax exemption areas pursuant to the City of Kamloops' Official Community Plan; AND WHEREAS notice has been provided of the creation of a revitalization tax exemption program, as required by the Community Charter; NOW THEREFORE, in open meeting assembled, the Council of the City of Kamloops enacts as follows:. This By-law may be cited for.all purposes as the "City of Kamloops City Centre Revitalization Tax Exemption By-law No , 2009". 2. City of Kamloops City Centre Revitalization Tax Exemption By-law No , and all amendments, are hereby repealed. 3. In this By-law: "Agreement" means a revitalization tax exemption agreement between the owner of a Parcel and the City, substantially in the form and with the content of the Agreement attached as Schedule "B". 6

6 BY-LAW NO PAGE 2 "By-law" means the City of Kamloops City Centre Revitalization Tax Exemption Bylaw No , 2009, as amended from time to time. "City" means the City of Kamloops. "Council" means the Council of the City of Kamloops. "Development and Engineering Services Director" means the person appointed as such from time to time by the City of Kamloops and any person delegated to assist in carrying out his/her duties under this By-law. "Finance and Information Technology Director" means the person appointed as such from time to time by the City of Kamloops and any person delegated to assist in carrying out his/her duties under this By-law. "Increased Assessed Value" means the difference in assessed value of the land and improvements of a Parcel between the year before the construction or alteration began and the year after which the Tax Exemption Certificate is issued. "Parcel" means a legal parcel within the revitalization area upon which the owner of the Parcel proposes a Project. "Project" means a revitalization project on a Parcel involving the construction of a new improvement or alteration of an existing improvement, which meets the requirements of this By-law. "Public Parking" means a minimum of ten ( 0) parking spaces on the Parcel which are available for use by the general public for rental periods not exceeding one month in duration. "Public Realm Improvement" means for a Parcel, an improvement to an existing structure and/or land, where the improvement is visible from an abutting street and complies with the guidelines for the City of Kamloops City Centre Development Permit Area, as set out in the City of Kamloops Official Community Plan By-law No , as amended. "Revitalization Area" means the area outlined on Schedule "A". "Tax Exemption" means a revitalization tax exemption provided under this By-law. "Tax Exemption Certificate" means a revitalization tax exemption certificate issued by the City of Kamloops pursuant to this By-law and in the form attached as Schedule "C". 4. There is hereby established a revitalization tax exemption program under the provisions of section 226 of the Community Charter, as amended. 5. The terms and conditions upon which a Tax Exemption Certificate may be issued are set out in this By-law, in the Agreement and in the Tax Exemption Certificate. 7

7 BY-LAW NO PAGE 3 6. In order for a Project to be considered for a Tax Exemption, the following requirements must be met: a) For a Project involving the construction of a new improvement: (i) the Project must: a. have fifty per cent (50%) of the gross building floor area dedicated to rental residential uses which shall include, without limitation, residential accessory uses and amenities, and a covenant for the rental residential uses shall be registered against the Parcel for the term of the Tax Exemption; or b. be a hotel/motel construction; or c. be an underground parking structure or an above ground multi-storey parking structure which includes Public Parking and only the area of the structure dedicated to Public Parking will be eligible for Tax Exemption and a covenant for the Public Parking will be registered against the Parcel for the term of the Tax Exemption; and (ii) the land use classification for the completed Project must be one of the uses permitted in the applicable zone for the Parcel, as set out in the City of Kamloops Zoning By-law No , as amended, and must be consistent with the future land use designation for the Parcel, as set out in KAMPLAN, the City of Kamloops Offic i ~l Community Plan By-law No , as amended; and (iii) there must have been no prior Tax Exemption Certificate issued under a revitalization tax exemption program in respect of the Parcel on which the project will be completed. b) For a Project involving the alteration of an existing improvement: (i) the value of the alteration must be at least $00,000 or 30 per cent of the assessed value of improvements the year before the alteration is to begin, whichever is greater; (ii) the Project must include a Public Realm Improvement; (iii) the land use classification for the completed Project must be one of the uses permitted in the applicable zone for the Parcel, as set out in the City of Kamloops.Zoning By-law No , as amended, and must be consistent with the future land use designation for the Parcel, as set out in KAMPLAN, the City of Kamloops Official Community Plan By-law No , as amended; and 8

8 BY-LAW NO PAGE 4 (iv) there must have been no prior Tax Exemption Certificate issued under a revitalization tax exemption program in respect of the Parcel on which the Project will be completed (22-4-7) Any construction or alterations completed prior to an approved application for a Tax Exemption will not be eligible for consideration. Parcels for which a written notice has been filed in the land title office pursuant to Section 976() of the Local Government Act and amendments thereto will not be considered for a Tax Exemption under this By-law. The term of each Tax Exemption shall be ten ( 0) years. The amount of the Tax Exemption shall be 00% of the Increased Assessed Value. Where it has been determined that a multi-phase development qualifies for the Tax Exemption, the Tax Exemption shall apply uniformly to and separately to all Parcels in the multi-phase development as each Parcel is created. The Tax Exemption applicable to a multi-phase development shall be available to all phases of the development notwithstanding their respective dates of completion and notwithstanding subsequent changes to or the repeal of this by-law. A Tax Exemption Certificate issued under this By-law does not relieve an owner from paying any applicable local service taxes. If the owner of a Parcel wishes to enter into an Agreement for a Tax Exemption under this By-law, the owner must apply to the Development and Engineering Services Director in writing, and must provide the following: a) a certificate that all taxes, utilities, rates, and charges imposed on the Parcel have been paid; b) a copy of the property assessment notice for the Parcel for the year before the Project is to begin, as issued by the British Columbia Assessment Authority; and c) the value of the Project, which must be confirmed by one or more of the following: (i} the building permit application process; or (ii) the development permit application process; or (iii) a certificate from the owner's design professional in a form satisfactory to the Development and Engineering Services Director. 9

9 BY-LAW NO PAGE 5 3. Upon receipt of the written application referred to in section 2, the Development and Engineering Services Director will either approve or deny the application for a Tax Exemption. If the Development and Engineering Services Director approves the application for Tax Exemption, it will provide an Agreement to be signed by the property owner and returned to the Development and Engineering Services Director, establishing the terms and conditions upon which a Tax Exemption will be granted. 4. Once the conditions established under this By-law and in the Agreement have been met, a Tax Exemption Certificate must be issued in respect of the Parcel, on the terms and subject to the conditions set forth in the Agreement. 5. The Tax Exemption Certificate may be cancelled by Council, in its discretion, in one or more of the following circumstances: a) on the request of the owner; b) if any of the conditions in the Tax Exemption Certificate or in the Agreement are not met; or c) if the owner has allowed the property taxes to go into arrears or to become delinquent. 6. If the Tax Exemption Certificate is cancelled by Council, the owner of the Parcel for which the Tax Exemption Certificate was issued must remit to the City an amount equal to the value of any Tax Exemption received after the date of cancellation. 7. The Finance and Information Technology Director is designated the municipal officer for the purpose of section 226(3) of the Community Charter, as amended. 20

10 BY-LAW NO PAGE 6 SCHEDULE "A" City Centre Revitilization Tax Exemption Area 2

11 BY-LAW NO PAGE 7 SCHEDULE "B" REVITALIZATION TAX EXEMPTION AGREEMENT This Agreement dated for reference the day of _, 20_ is BETWEEN: (Name and Address of Property Owner) (the "Owner") AND: City of Kamloops 7 Victoria Street West Kamloops, B.C. V2C A2 (the "City") GIVEN THAT: A. The Owner is the registered owner in fee simple of lands in the City of Kamloops at (civic address) legally described as {legal description) {the "Parcel"); B. The Council of the City of Kamloops ("Council") has established a revitalization tax exemption program in a designated area of the City centre and has stipulated, within Schedule, Section V of the "KAMPLAN, the City of Kamloops Official Community Plan 2004, By-law No ", as amended (the "OCP") that the objectives of the designation are to: (i) strengthen the viability of existing businesses; (ii) stimulate and encourage new private investment; (iii) encourage higher density rental residential development; (iv) encourage public parking in new parking structures; (v) improve the image and attractiveness of the tax revitalization areas; and (vi) better utilize City infrastructure. C. The Owner proposes to (construct new improvements or alter existing improvements) on the Parcel and has applied to the City to take part in the revitalization tax exemption program in respect of the (construction or alteration), and the City has agreed to accept the (construction or alteration) under the revitalization tax exemption program, on the terms and subject to the conditions set out in this Agreement; D. The Owner and the City wish to enter into this Agreement. 22

12 BY-LAW NO PAGE 8 THIS AGREEMENT is evidence that in consideration of the promises exchanged below, the Owner and the City covenant and agree each with the other as follows:. The Project - the scope of the project is defined as follows: a) b) {insert project specifics, confirming construction of new improvement or alteration of existing improvement that will be completed on the Parcel) c) (the "Project"). The Owner will use its best efforts to ensure that the Project is constructed, maintained, operated and used in a fashion that will be consistent with and will foster the objectives of the revitalization tax exemption program, as outlined in Schedule, Section V of the OCP. 2. Applicable Improvements - the tax exemption provided for under the City of Kamloops City Centre Revitalization Tax Exemption By-law No , 2009 (the "By-law") applies only to the Project. For greater certainty, the City will not issue more than one revitalization tax exemption certificate in respect of the Parcel. 3. Operation and Maintenance of Project - throughout the term of this Agreement, the Owner will operate, repair and maintain the Project, and will keep the Project in a state of good repair as a prudent owner would do. 4. Revitalization Tax Exemption Certificate - subject to the Owner's fulfillment of the conditions set out in this Agreement and in the By-law, the City will issue a revitalization tax exemption certificate to the British Columbia Assessment Authority entitling the Owner to a property tax exemption in respect of the municipal property taxes due (excluding local services taxes) for the calendar years set out in this Agreement (the "Tax Exemption Certificate"). The Tax Exemption Certificate will be in the form attached as Schedule "C" to the By-law. 5. Conditions Precedent - the following conditions must be fulfilled before the City will issue a Tax Exemption Certificate to the Owner in respect of the Project: a) the Owner must complete the Project in accordance with this Agreement; b) the Project must be completed, as determined by the Development and Engineering Services Director, no later than September 30, 20 ; c) the completed Project must: (i) (for new improvements: a. have fifty per cent (50%) of the gross building floor area dedicated to rental residential uses which shall include, without limitation, residential accessory uses and amenities, and a covenant for the rental residential uses shall be registered against the Parcel ; or b. be a hotel/motel construction; or 23

13 BY-LAW NO PAGE 9 c. be an underground parking structure or an above ground multi-storey parking structure which includes a minimum of ten (0) parking stalls for use by the general public and only the area of the structure dedicated to public parking will be eligible for tax exemption, and a covenant for the public parking will be registered against the Parcel); OR (ii) (for alteration of existing improvement: have an alteration value of at least $00,000 or 30 per cent of the assessed value of improvements the year before the Project began, whichever is greater, and must include a public realm improvement, as defined in the By-law); d) the land use classification for the completed Project must be one of the uses permitted in the applicable zone for the Parcel, as set out in the City of Kamloops Zoning By-law No , as amended, and must be consistent with the future land use designation for the Parcel, as set out in the OCP; and e) there must have been no prior Tax Exemption Certificate issued under a revitalization tax exemption program in respect of the Parcel on which the Project will be completed. 6. Conditions Subsequent - the Tax Exemption Certificate is subject to the following conditions: a} the Owner may not sell, assign, or otherwise transfer all or any portion of its equitable or legal interest in the Parcel unless the transferee takes an assignment of this Agreement, and agrees to be bound by it; and b) the property taxes in respect of the Parcel may not go into arrears or become delinquent. 7. Initial Term of Tax Exemption Certifi cate- provided the requirements of this Agreement and the By-law are met, the Tax Exemption Certificate will be valid for the taxation years 20_ to 20_, inclusive. 8. Calculation of Revitalization Tax Exemption -the tax exemption will be 00% of the amount of any increase in the assessed value of land and improvements in and on the Parcel between the year before the construction or alteration began and the year after which the Tax Exemption Certificate is issued (the "Increased Assessed Value"}. 9. Cancellation- City Council may, in its discretion, cancel the Tax Exemption Certificate at any time in one or more of the following circumstances: a} on the request of the Owner; b) if any of the conditions in the Tax Exemption Certificate or in this Agreement are not met; and 24

14 BY-LAW NO PAGE0 c) if the property taxes in respect of the Parcel have gone into arrears or become delinquent. If such cancellation occurs, the Owner of the Parcel must remit to the City an amount equal to the value of any tax exemption received after the date of cancellation. 0. No Refund -for greater certainty, under no circumstances will the Owner be entitled under the City's revitalization tax exemption program to any cash credit, any carry forward tax exemption credit, or any refund for any property taxes paid. : Revisions - the benefit of all covenants and agreements made by the Owner herein will accrue solely to the City and this Agreement may only be modified by agreement of the City and the Owner. 2. No Representations - it is mutually understood, agreed, and declared by and between the parties that the City has made no representations, covenants, warranties, guarantees, promises, or agreements (oral or otherwise), express or implied, with the Owner other than those expressly contained in this Agreement. 3. Notices - any notice or other writing required or permitted to be given or made under this Agreement will be sufficiently given if delivered by hand (and if so will be deemed to be received when delivered), or posted on the Parcel (and if so will be deemed to be received when posted), or mailed by prepaid registered mail or courier (and if so will be deemed to be received on the sixth business day following such mailing other than in the event of interruption of mail service) or transmitted by facsimile to such party (;:~nd if so will be deemed to be received upon confirmation of a successful transmission): a) in the case of the City, at: THE CITY OF KAMLOOPS 05 Seymour Street Kamloops BC V2C 2C6 Attention: Facsimile: The Development and Engineering Services Director b) in the case of a notice to the Owner, at: (insert name and address of Owner) Attention: Facsimile: Or at such other address or addresses as the party to whom such notice or other writing is to be given will have last notified the party giving the same in the manner provided in this section. 4. No Assignment - the Owner may not assign its interest in this Agreement, except to a subsequent owner in fee simple of the Parcel. 25

15 BY-LAW NO PAGE 5. Severance - if any portion of this Agreement or the By-law is held invalid by a court of competent jurisdiction, the invalid portion will be severed and the remainder of this Agreement will not be affected. 6. Interpretation -wherever the singular or masculine is used in this Agreement, the same will be construed as meaning the plural, the feminine or body corporate where the context or the parties thereto so required. 7. Further Assurances - the parties hereto will execute and do all such further deeds, acts, things and assurances that may be reasonably required to carry out the intent of this Agreement. 8. Waiver -waiver by the City of a default by the Owner must be in writing and will not be deemed to be a waiver of any subsequent or other default. 9. Powers Preserved - this Agreement does not: a) affect or limit the discretion, rights or powers of the City under any enactment or at common law, including in relation to the use or subdivision of the Parcel; b) affect or limit any enactment relating to the use or subdivision of the Parcel; or c) relieve the Owner from complying with any enactment, including in relation to the use or subdivision of the Parcel, and, without limitation, will not confer directly or indirectly any exemption or right of set-off from development cost charges, connection charges, application fees, user fees or other rates, levies or charges payable under any by-law of the City. 20. Reference - every reference to each party is deemed to include the heirs, executors, administrators, personal representatives, successors, assigns, servants, employees, agents, contractors, officers, licensees and invitees of such party, wherever the context so requires or allows. 2. Enurement- this Agreement will enure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. 22. Term - the term of this Agreement is ten ( 0) years, commencing, and ending _ 26

16 BY-LAW NO PAGE2 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. Executed by the CITY OF KAMLOOPS by its authorized signatories: Mayor Corporate Officer Executed by by its authorized signatories: Name: Name: 27

17 BY-LAW NO PAGE3 SCHEDULE "C" TAX EXEMPTION CERTIFICATE. In accordance with the City of Kamloops City Centre Revitalization Tax Exemption By-law No , 2009 (the "By-law") and in accordance with a Revitalization Tax Exemption Agreement dated for reference the day of 20_ (the "Agreement") entered into between the City of Kamloops (the "City") and (the "Owner"), this Certificate certifies that the Parcel (as defined below) is subject to a revitalization tax exemption in an amount equal to the amount of any increase in municipal property taxes which would otherwise be payable as a result of any increase in the assessed value of land and improvements on the Parcel between (the calendar year before the construction of a new improvement or alteration of an existing improvement) and (the calendar year following the calendar year in which this Certificate is issued) (the "Tax Exemption"). 2. The parcel to which the Tax Exemption applies is in the City of Kamloops at civic address as: and is legally described Folio , PID Lot, Block, District Lot., Plan _ {the "Parcel"). 3. The Tax Exemption is valid for each of the taxation years 20_ to 20_, inclusive. 4. The Tax Exemption is provided under the following conditions: a) the Owner does not breach any term, condition or provision of, and performs and satisfies all conditions and obligations set out in the Agreement and the By-law; b) the Owner has not sold, assigned, or otherwise transferred all or any portion of his or her equitable or legal interest in the Parcel without the transferee taking an assignment of the Agreement, and agreeing to be bound by it; and 28

18 BY-LAW NO PAGE 4 c) the property taxes in respect of the Parcel have not gone into arrears or become delinquent. 5. Council of the City of Kamloops may cancel this Revitalization Tax Exemption Certificate in accordance with the Agreement. If such cancellation occurs, the Owner of the Parcel, or a successor in title to the Owner as the case may be, must remit to the City an amount equal to the value of the tax exemption received after the date of the cancellation of the Tax Exemption Certificate. Finance and Information Technology Director City of Kamloops Date 29

19 Attachment "B" CITY OF KAMLOOPS NORTH SHORE REVITALIZATION TAX EXEMPTION BY-LAW NO ,2008 Effective Date June 24, 2008 This is a consolidation of "City of Kamloops North Shore Revitalization Tax Exemption By-law No , 2008". The amendment by-laws listed below have been combined with the original by-law for convenience only. This consolidation is not a legal document. The original by-laws should be consulted for all interpretations and applications on this subject. Amendment By-law By-law No By-law No Sections 2 and 9 - Clarifying time period for calculation of tax exemption. Section 9 - Multi-phase developments Effective Date 2009 March June 8 The by-law numbers in the margins of this consolidation refer to the by-laws that amended the principal by-law "City of Kamloops North Shore Revitalization Tax E:xemption By-law No , 2008". 30

20 This is a consolidated by-law prepared by the City of Kamloops for information only. To verify the accuracy and currency of this information, please contact Legislative Services at or legislate@kamloops ca CITY OF KAMLOOPS BY-LAW NO A BY-LAW TO PROVIDE FOR REVITALIZATION TAX EXEMPTION IN A SPECIFIED AREA OF THE NORTH SHORE WHEREAS Council may, by by-law, establish a revitalization tax exemption program; AND WHEREAS Council wishes to establish a revitalization tax exemption program in a specified area of the North Shore of the City of Kamloops for the purposes and qbjectives of, including but not limited to, strengthening the viability of existing businesses, stimulating and encouraging new private investment, encouraging higher density residential development, improving the image and attractiveness of the tax revitalization areas, better utilizing City infrastructure, encouraging sustainable development and green building techniques through the whole of the North Shore, encouraging mixed-use development in core areas of the North Shore as defined by Development Permit areas, encouraging construction of nonmarket housing units,.and encouraging development throughout the whole of the North Shore; all of which is particularized in.the North Shore Neighbourhood Plan; AND WHEREAS Council has adopted a revitalization tax exemption program to accomplish the above-stated purposes and objectives by encouraging new projects, which are constructed, maintained, operated, and used in a fashion that is consistent with and will foster the principles set out in the North Shore Neighbourhood Plan; AND WHEREAS Council has designated revitalization tax exemption areas pursuant to the City of Kamloops' North Shore Neighbourhood Plan as part of the Official Community Plan; AND WHEREAS notice has been provided of the creation of a revitalization tax exemption program, as required by the Community Charter; NOW THEREFORE, in open meeting assembled, the Council of the City of Kamloops enacts as follows:. This by-law may be cited for all purposes as the "City of Kamloops North Shore Revitalization Tax Exemption By-law No , 2008". 2. In this by-law: "Agreement" means a revitalization tax exemption agreement between the owner of a Parcel and the City, substantially in the form and with the content of the agreement attached as Schedule "B". "By-law" means the City of Kamloops North Shore Revitalization Tax Exemption By-law No , 2008, as amended from time to time. 3

21 BY-LAW NO PAGE 3 "City" means the City of Kamloops. "Council" means the Council of the City of Kamloops."Development and Engineering Services Director" means the person appointed as such from time to time by the City of Kamloops and any person delegated to assist in carrying out his/her duties under this by-law. "Development Checklist" means the checklist attached as Schedule "B" to the North Shore Neighbourhood Plan. "Finance and Information Technology Director" means the person appointed as such from time to time by the City of Kamloops and any person delegated to assist in carrying out his/her duties under this by-law. "Incentive Matrix" means the matrix attached as Schedule "B" to the North Shore Neighbourhood Plan. (22-4-4) "Increased Assessed Value" means the difference in assessed value of the land and improvements of a Parcel between the year before the construction or alteration began and the year after which the tax exemption certificate is issued. "North Shore Neighbourhood Plan" means the North Shore Neighbourhood Plan adopted by Council under Section VIII of the Official Community Plan. "Official Community Plan" means "KAMPLAN, the City of Kamloops Official Community Plan 2004, By-law No ", as amended. "Parcel" means a legal Parcel within the revitalization area upon which the owner of the Parcel proposes a project. "Project" means a revitalization project on a Parcel involving the construction of a new improvement or alteration of an existing improvement, which meets the requirements of this by-law. "Revitalization Area" means the area outlined on Schedule "A". "Tax Exemption" means a revitalization tax exemption provided under this by-law. "Tax Exemption Certificate" means a revitalization tax exemption certificate issued by the City of Kamloops pursuant to this by-law and in the form attached as Schedule "C". 3. There is hereby established a revitalization tax exemption program under the provisions of Section 226 of the Community Charter, as amended. 4. The terms and conditions upon which a tax exemption certificate may be issued are set out in this by-law, in the agreement and in the tax exemption certificate. 32

22 BY-LAW NO PAGE4 5. In order for a project to be considered for a tax exemption, it must involve the construction of a new improvement or alteration of an existing improvement, and the following requirements must be met: a) the minimum requirements set forth in the development checklist and the incentive matrix as determined by the Development and Engineering Services Director; b) the land use classification into which the completed project is intended to fit must be one of the uses permitted in the applicable zone for the Parcel, as set out in the City of Kamloops Zoning By-law No , as amended, and must be consistent with the future land use designation for the Parcel, as set out in the Official Community Plan; and c) there must have been no prior tax exemption certificate issued under this by-law in respect of the Parcel on which the project will be completed. 6. Any construction or alterations completed prior to an approved application for a tax exemption will not be eligible for consideration. 7. Parcels currently subject to a municipal property tax exemption will not be considered for a tax exemption under this by-law. 8. The term of each tax exemption shall be ten {0) years. 9. The amount of the tax exemption: a) will be calculated as a percentage of the increased assessed value, based on the project's satisfaction of the criteria set out in the development checklist and incentive matrix, as determined by the Development and Engineering Services Director; (22-4-4) (22-4-6) b) c) must not exceed the increased assessed value between the year before the construction or alteration began and the year after which the Tax Exemption Certificate is issued ; and once calculated for a multi-phase development shall apply uniformly and separately to parcels in the multi-phase development as each parcel is created. 0. A Tax Exemption Certificate issued under this by-law does not relieve an owner from paying any applicable local service taxes.. If the owner of a Parcel wishes to enter into an agreement for a tax exemption under this by-law, the owner must apply to the Development and Engineering Services Director in writing, and must provide the following: a) a certificate that all taxes, utilities, rates, and charges imposed on the Parcel have been paid; 33

23 BY-LAW NO PAGE 5 b) a copy of the property assessment notice for the Parcel for the year before the project is to begin, as issued by the British Columbia Assessment Authority; c) the value of the project, which must be confirmed by one or more of the following: (i) the building permit application process; or (ii) the development permit application process; or (iii) a certificate from the owner's design professional in a form satisfactory to the Development and Engineering Services Director. 2. Upon receipt of the written application referred to in Section, complete with supporting documents, the City will either approve or deny the application for a tax exemption. If the City approves the application for a tax exemption, it will provide an agreement to be signed by the property owner and returned to the Development and Engineering Services Director, establishing the terms and conditions upon which the City will grant a tax exemption. 3. Once the conditions established under this by-law and in. the agreement have been met, a tax exemption certificate must be issued in respect of the Parcel, on the terms and subject to the conditions set forth in the agreement. 4. The Tax Exemption Certificate may be cancelled by Council in one or more of the following circumstances: a) on the request of the owner; b) if any of the conditions in the tax exemption certificate or in the agreement are not met; or c) if the owner has allowed the property taxes to go into arrears or to become delinquent. 5. If the tax exemption certificate is cancelled by Council, the owner of the Parcel for which the tax exemption certificate was issued must remit to the City an amount equal to the value of any tax exemption received after the date of cancellation. 6. The Finance and Information Technology Director is designated the municipal officer for the purpose of Section 226(3) of the Community Charter, as amended. 34

24 BY-LAW NO PAGE6 SCHEDULE "A" NORTH SHORE REVITALIZATION TAX EXEMPTION AREA.. - ' I AGRICUL \JRAL LANDS " I ; 35

25 BY-LAW NO PAGE 7 SCHEDULE "B" REVITALIZATION TAX EXEMPTION AGREEMENT This Agreement dated for reference the day of, 20_ is BETWEEN: (Name and Address of Property Owner) (the "Owner") AND: City of Kamloops 7 Victoria Street West Kamloops, B.C. V2C A2 {the "City") GIVEN THAT: A. The Owner is the registered owner in fee simple of lands in the City of Kamloops at (civic address) legally described as (legal description) (the "Parcel"); B. The Council of the City of Kamloops ("Council") has established a revitalization tax exemption program for the North Shore and has stipulated, within Section V of "KAMPLAN, the City of Kamloops Official Community Plan 2004, By-law No ", as amended (the "OCP") that the objectives of the designation are to: (i) strengthen the viability of existing businesses; (ii) stimulate and encourage new private investment; (iii) encourage higher density residential development; (iv) improve the image and attractiveness of the tax revitalization areas; (v) better utilize City infrastructure; (vi) encourage sustainable development and green building techniques throughout the whole of the North Shore; (vii) encourage mixed-use development in core areas of the North Shore, defined by Development Permit areas; (viii) encourage construction of non-market housing units; and (ix) encourage development throughout the whole of the North Shore. 36

26 BY-LAW NO PAGE 8 C. The Owner proposes to (construct new improvements or alter existing improvements) on the Parcel and has applied to the City to take part in the revitalization tax exemption program in respect of the (construction or alteration), and the City has agreed to accept the (construction or alteration) under the revitalization tax exemption program, on the terms and subject to the conditions set out in this Agreement; and D. The Owner and the City wish to enter into this Agreement. THIS AGREEMENT is evidence that in consideration of the promises exchanged below, the Owner and the City covenant and agree each with the other as follows:. The Project -the scope of the project is defined as follows: a) b) (insert project specifics, confirming construction of new improvement or alteration of existing improvement that will be completed on the Parcel) c) (the "Project"). The Owner will use its best efforts to ensure that the Project is constructed, maintained, operated and used in a fashion that will be consistent with and will foster the objectives of the revitalization tax exemption program, as outlined in Section V of the OCP. 2. Applicable Improvements- the tax exemption provided for under the City of Kamloops North Shore Revitalization Tax Exemption By-law No (the "By-law") applies only to the Project. For greater certainty, the City will not issue more than one tax exemption certificate in respect of the Parcel. 3. Operation and Maintenance of Project - throughout the term of this Agreement, the Owner will operate, repair and maintain the Project, and will keep the Project in a state of good repair as a prudent owner would do. 4. Revitalization Tax Exemption Certificate - subject to the Owner's fulfillment of the conditions set out in this Agreement and in the By-law, the City will issue a revitalization tax exemption certificate to the British Columbia Assessment Authority entitling the Owner to a property tax exemption in respect of the municipal property taxes due (excluding local services taxes) for the calendar years set out in this Agreement (the "Tax Exemption Certificate"). The Tax Exemption Certificate will be in the form attached as Schedule "C" to the By-law. 5. Conditions Precedent -the following conditions must be fulfilled before the City will issue a Tax Exemption Certificate to the Owner in respect of the Project: a) the Owner must complete the Project in accordance with this Agreement; b) the Project must be completed, as determined by the Development and Engineering Services Director, no later than September 30, 20 ; 37

27 BY-LAW NO PAGE9 c) the completed Project must incorporate all of the criteria set out in the completed development checklist; d) the land use classification into which the completed Project is intended to fit must be one of the uses permitted in the applicable zone for the Parcel, as set out in the City of Kamloops Zoning By-law No , as amended, and must be consistent with the future land use designation for the Parcel, as set out in the OCP; and e) there must have been no prior tax exemption certificate issued under the By-law in respect of the Parcel on which the Project will be completed. 6. Conditions Subsequent- the Tax Exemption Certificate is subject to the following conditions: a) the Owner may not sell, assign, or otherwise transfer all or any portion of its equitable or legal interest in the Parcel unless the transferee takes an assignment of this Agreement, and agrees to be bound by it; and b) the property taxes in respect of the Parcel may not go into arrears or become delinquent. 7. Initial Term of Tax Exemption Certificate - provided the requirements of this Agreement and the By-law are met, the Tax Exemption Certificate will be valid for the taxation years 20_ to 20_, inclusive. 8. Calculation of Revitalization Tax Exemption - for the purposes of this Agreement, the "Increased Assessed Value" means the amount of any increase in the assessed value of land and improvements in and on the Parcel between the year before the construction or alteration began and the year after which the Tax Exemption Certificate is issued. The amount of the tax exemption has been calculated as a percentage of the Increased Assessed Value, based on the Project's satisfaction of the criteria set out in the development checklist and incentive matrix, all of which is in accordance with the by-law. In years 20_ through 20_, the tax exemption will be per cent of the Increased Assessed Value; 9. Cancellation -City Council may, in its discretion, cancel the Tax Exemption Certificate at any time in one or more of the following circumstances: a) on the request of the Owner; b) if any of the conditions in the Tax Exemption Certificate or in this Agreement are not met; and c) if the property taxes in respect of the Parcel have gone into arrears or become delinquent. If such cancellation occurs, the Owner of the Parcel must remit to the City an amount equal to the value of any tax exemption received after the date of cancellation. 38

28 BY-LAW NO PAGE0 0. No Refund -for greater certainty, under no circumstances will the Owner be entitled under the City's revitalization tax exemption program to any cash credit, any carry forward tax exemption credit, or any refund for any property taxes paid.. Covenants - the benefit of all covenants made by the Owner herein will accrue solely to the City and this Agreement may only be modified by agreement of the City. 2. No Representations - it is mutually understood, agreed, and declared by and between the parties that the City has made no representations, covenants, warranties, guarantees, promises, or agreements (oral or otherwise}, express or implied, with the Owner other than those expressly contained in this Agreement. 3. Notices - any notice or other writing required or permitted to be given or made under this Agreement will be sufficiently given if delivered by hand (and if so will be deemed to be received when delivered}, or posted on the Parcel (and if so will be deemed to be received when posted}, or mailed by prepaid registered mail or courier (and if so will be deemed to be received on the sixth business day following such mailing other than in the event of interruption of mail service} or transmitted by facsimile to such party (and if so will be deemed to be received upon confirmation of a successful transmission}: a} in the case of the City, at: THE CITY OF KAMLOOPS 05 Seymour Street Kamloops, BC V2C 2C6 Attention: Facsimile: The Development and Engineering Services Director b) in the case of a notice to the Owner, at: (insert name and address of Owner) Attention: Facsimile: Or at such other address or addresses as the party to whom such notice or other writing is to be given will have last notified the party giving the same in the manner provided in this section. 4. No Assignment - the Owner may not assign its interest in this Agreement, except to a subsequent owner in fee simple of the Parcel. 5. Severance - if any portion of this Agreement or the By-law is held invalid by a court of competent jurisdiction, the invalid portion will be severed and the remainder of this Agreement will not be affected. 6. Interpretation- wherever the singular or masculine is used in this Agreement, the same will be construed as meaning the plural, the feminine or body corporate where the context or the parties thereto so required. 39

29 BY-LAW NO PAGE 7. Further Assurances - the parties hereto will execute and do all such further deeds, acts, things and assurances that may be reasonably required to carry out the intent of this Agreement. 8. Waiver - waiver by the City of a default by the Owner must be in writing and will not be deemed to be a waiver of any subsequent or other default. 9. Powers Preserved - this Agreement does not: a) affect or limit the discretion, rights or powers of the City under any enactment or at common law, including in relation to the use or subdivision of the Parcel; b) affect or limit any enactment relating to the use or subdivision of the Parcel; or c) relieve the Owner from complying with any enactment, including in relation to the use or subdivision of the Parcel, and, without limitation, will not confer directly or indirectly any exemption or right of set-off from development cost charges, connection charges, application fees, user fees or other rates, levies or charges payable under any by-law of the City. 20. Reference -every reference to each party is deemed to include the heirs, executors, administrators, personal representatives, successors, assigns, servants, employees, agents, contractors, officers, licensees and invitees of such party, wherever the context so requires or allows. 2. Enurement - this Agreement will enure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. 22. Term - the term of this Agreement is ten (0) years, commencing, and ending _ IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. Executed by the CITY OF KAMLOOPS by its authorized signatories: Mayor Corporate Officer Executed by by its authorized signatories: Name: Name: 40

30 BY-LAW NO PAGE2 SCHEDULE "C" TAX EXEMPTION CERTIFICATE. In accordance with the City of Kamloops North Shore Revitalization Tax Exemption By-law No , 2008 (the "By-law") and in accordance with a Revitalization Tax Exemption Agreement dated for reference the day of 20_ (the "Agreement") entered into between the City of Kamloops (the "City") and (the "Owner"), this Certificate certifies that the Parcel (as defined below) is subject to a revitalization tax exemption in an amount equal to per cent of any increase in municipal property taxes which would otherwise be payable as a result of any increase in the assessed value of land and improvements on the Parcel between (the calendar year before the construction of a new improvement or alteration of an existing improvement) and (the calendar year following the calendar year in which this Certificate is issued) (the "Tax Exemption"). 2. The Parcel to which the Tax Exemption applies is in the City of Kamloops at civic address and is legally described as: Folio, PID Lot, Block, District Lot., Plan (the "Parcel"). 3. The Tax Exemption is valid for each of the taxation years 20_ to 20_, inclusive. 4. The Tax Exemption is provided under the following conditions: a) the Owner does not breach any term, condition or provision of, and performs and satisfies all conditions and obligations set out in the Agreement and the By-law; b) the Owner has not sold, assigned, or otherwise transferred all or any portion of his or her equitable or legal interest in the Parcel without the transferee taking an assignment of the Agreement, and agreeing to be bound by it; and 4

31 BY-LAW NO PAGE3 c) the property taxes in respect of the Parcel have not gone into arrears or become delinquent. 5. Council of the City of Kamloops may cancel this Revitalization Tax Exemption Certificate in accordance with the Agreement. If such cancellation occurs, the Owner of the Parcel, or a successor in title to the Owner as the case may be, must remit to the City an amount equal to the value of the tax exemption received after the date of the cancellation of the Tax Exemption Certificate. Finance and Information Technology Director City of Kamloops Date 42

32 Attachment ~~c~~ 8 - Development Checf<list INTRODUCTION The North Shore is a varied, compact and well-established combination of neighbourhoods. The diversity of services, residential accommodation and recreational opportunities compliments a lifestyle where residents can walk, cycle or take transit for their daily needs and where access to leisure and activity space is nearby and readily accessible by all age and income groups. Building on, enhancing and embracing this lifestyle is a key component to the goals of the North Shore Neighbourhood Plan. In order to fulfill that commitment, it is essential that development compliment the values and desires of the community to ensure the identified vision is kept in sight as change takes place. An essential component of change in any urban environment is the accommodation of new development into an existing fabric of buildings, people and patterns. Those who are involved with new development, whether it be consultants, developers or property owners, are key players in achieving a community's long-term goals. As such, a development checklist has been created to assist property owners, developers and consultants to create the most sustainable, innovative, appropriate and long-lasting projects possible. The use of this Development Checklist is meant to advance the goals of the North Shore Neighbourhood Plan, as supported by the North Shore community. It is separated into six sections: Regulatory Conditions - includes the policies, by-laws and plans that govern the use and form and character that regulate development within the North Shore. Public Health and Safety - refers to features of the proposed development that affect the public interest in ways that lead to a safe and secure environment as well as an enhanced well-being for the community. Urban Design - pertains to the architectural elements, selected materials and public realm enhancements that work toward creating an environment with visual and functional appeal, actively working toward improving the public realm. Social Sustainability - refers to the ability for the development to contribute to the social well-being of the community through economic enhancement, provision of public services and amenities, supply of affordable housing and other measures that can positively impact the social realm of the community. Site Access, Connectivity and Parking - refers to the movement of people and vehicles, on and off site, as well as to how well the site performs in terms of connection to the adjacent and surrounding road network. Environmental Sustainability - refers to the ability of the development to contribute to an enhanced community environment through the reduction in the consumption of non-renewable resources, sound stewardship of environmental resources, and a reduction in the pressures of infrastructure systems. The North Shore Neighbourhood Plan City of Kamloops Page 82 43

33 8 - Development Checklist SUBMIT A COMPLETE DEVELOPMENT CHECKLIST, WITH SUPPORTING DOCUMENTATION, WITH YOUR DEVELOPMENT APPLICATION. DEVELOPMENT INFORMATION Please provide the following information regarding your development proposal:. Name of Applicant: 2. Subject Property Address: 3. Legal Description: 4. Date of Application: INSTRUCTIONS All applications for Zoning By-law Amendments, Development Permits, Development Variance Permits, Official Community Plan Amendments and Temporary Commercial or Industrial Use Permits are re4uir~d to complete this Development Checklist according to the following steps:. Review and complete the Development Checklist (note: partial points are not permitted; items must be completed in order to receive point tallies). 2. Submit Development Checklist with the above noted applications. 3. Submit any documentation, plans and information that substantiate and coordinates with the Development Checklist items that were identified for the proposed development. 4. If needed, prepare a supplementary letter explaining, in more detail, how the proposed development incorporates the features identified in the North Shore Neighbourhood Plan Goals Section. 5. Staff will review the Development Checklist, in conjunction with your application information and provide comments on your submitted materials. 6. If additional information or changes to submissions are required, re-submit the changes, addressing comments received from staff. 7. Your Development Checklist and application material will become your official application and will be foiwarded to City Council for review. Applicants are encouraged to provide as much information as possible to assist City Council and staff on their review of development proposals. The relevance of the Development Checklist questions will depend on the nature and scope of the project. The intent of the Development Checklist is to assist applicants and the City in working together to develop high quality projects that are a benefit and lasting legacy to the community. The North Sh~re Neighbourhood Plan City of Kamloops Page 83 44

34 The North Shore Neighbourhood Plan City of Kamloops Page 8 45

35 8 - Development Checklist A. REGULA TORY CONDITIONS The North Shore Neighbourhood Plan is a comprehensive document compnsmg policies, zoning regulations and Development Permit Guidelines established and supported by the North Shore community, to guide development over the next 5-0 years. Ensuring that development proposals meet the policies and by-laws that govern the uses and form and character of the North Shore is paramount to the success of the Plan. Regulatory Conditions - includes the policies, by-laws and plans that govern the use and form and character that regulate development within the North Shore. Point Points Features Value Earned Supporting Comments a nd Documentation Regulatory SU(2(20rt a. a.2 a.3 Development meets the policies for development as expressed in the North 0 Shore Neighbourhood Plan. Development meets regulatory criteria as expressed in the North Shore 0 Development Permit Guidelines. Development meets regulatory criteria as expressed in the North Shore Zoning 0 Code. Total Points Earned (Minimum Base Points Required" 30) Regulatory Conditions Minimum Achieved? y I N The North Shore Neighbourhood Plan City of Kamloops Page 84 46

36 "B" - Development Checklist B. PUBLIC HEALTH AND SAFETY Design of the urban environment can incorporate elements that reduce crime nuisances. This improves the livability and sustainability of the urban environment through reducing both risk and fear of crime. Preventing crime before it happens saves enormous costs for property owners and the community as a whole. The most effective way of designing for crime prevention is to integrate a comprehensive crime prevention program review, such as CPTED (Crime Prevention Through Environmental Design), at the early stages of the development design process. Public Health and Safety - refers to features of the proposed development that affect the public interest in ways that lead to a safe and secure environment as well as enhanced well-being for the community. Features Point Points Value Earned Supporting Comments and Documentation b. b.2 b.3 b.4 b.5 Safety and Security Design generally incorporates CPTED principles. Conducted and prepared a CPTED review analysis of the site. Design specifically addresses identified travel routes, gathering places and conflict areas in and around the development site. Neighbourhood has been contacted to obtain e clear picture of issues that exist within the community in conjunction with the development site. Design does not create dark, dead-end spaces and allows for pedestrians to have e clear view of what is ahead of them b.6 Landscaping type and placement does not create hiding places or block view 0 sight lines. Innovation and Design b.7 Development adds other unique or innovative features not covered by the 5 above checklist. Provid e details. Total Points Earned (Minimum Base Points Required= 20) Public Health and Safety Minimum Achieved? y I N The North Shore Neighbourhood Plan City of Kamloops Page 85 47

37 8 - Development Checl<list C. URBAN DESIGN Urban Design strives to create urban spaces based on the strength of the existing character and identity of a place. It also strives to create continuity for ease of movement, to establish quality public spaces, to create cities that have the ability to adapt easily over time and to provide choice and variety. New development should examine its impact on existing and adjacent uses to ensure an appropriate fit is being made. Urban Design - pertains to the architectural elements, selected materials and public realm enhancements that work toward creating an environment with visual and functional appeal, actively working toward improving the public realm. Point Points Features Value Earned Building Design Supporting Comments and Documentation c. c.2 c.3 C.4 Quality of the building design and exterior materials is high (e.g. using a combination of timber, stone, brick, concrete. metal and glass) and creates visual interest. Timber, stone, brick and transparent glass are substantial parts of building design. Development is compatible with, and complimentary to, existing andlor planned developments, in terms of architecture. character, scale, massing, height, setbacks and open space. Residential design incorporates balconies suitable for active U(;O and seating c.5 Developments are designed and sited to reduce their intrusion on the privacy of adjacent 5 properties. c.6 Site Context Design provides a landmark or focal point feature consistent with site context. 5 c.7 Buildings front onto public streets and have 'active' frontages with windows, doorways, decks, etc. which allow interaction between people in the building and people on the street. 0 c.b Solid, blank walls at street level are avoided. 0 c.9 c.0 Public and private open spaces are created that have a high (e.g. exceeds the minimum standards established in the zoning regulations, Development Permit Guidelines and Landscape 5 Guidelines) standard of landscaping and include amenities such as benches, waste receptacles, special lighting, water features and public art. Ground floor commercial is pedestrian-oriented with separate storefronts opening onto the public 5 right-of-way. (ConL) The North Shore Neighbourhood Plan City of Kamloops Page 86 48

38 8 - Development Checf<list C. URBAN DESIGN (cont.) Features Public Realm Enhancements Point Points Value Earn ed Supporting Commen~s and Documentation c. Mature trees are retained on site. 2 c. 2 High (e.g. exceeds the minimum standards established in the zoning regulations, Development Permit Guidelines and Landscape Guidelines) quality landscaping is provided. 0 c.3 c.4 c. 5 Public spaces encourage public life on the street and address sun, shade, wind, safety, and 5 weather protection. Lighting systems create visual interest, are pedestrian-oriented and do not create light 0 pollution. Buildings do not create shadow or shade conditions that negatively impact on the site or on 0 adjacent properties. c. 6 Utility and service areas and equipment are screened from adjacent streets and properti es. c.7 Utility and service areas are screened with high (e.g. exceeds the minimum sllmdclll.ls tlstablished in the zoning regulations, Development Permit 5 Guidelines and Landscape Guidelines) quality landscaping. Signage c.8 Slgnage is Incorporated into building design in a coordinated and visually appealing manner, 5 including sign lighting methods. c.9 Signage is pedestrian-oriented and designed using high-quality material that reflects the materials used on the corresponding development. 5 Innovation in Design c.20 Development adds other unique Of innovative features not covered by the above checklist. 5 Provide details. Total Points Earned (Minimum Base Points Required = 70) Urban Design Minimum Achieved? y I n The North Shore Neighbourhood Plan City of Kamloops Page 87 49

39 "8 - Development Checl<list D. SOCIAL SUSTAINABILITY The primary purpose of a city is to provide for the well-being of its residents, businesses and visitors. New development should contribute to the health and safety of the North Shore, as well as enhance the range of housing, services and recreational options and commercial opportunities, to meet the community's needs. The design of new development should reflect the local heritage and provide attractive public spaces that encourage social interaction. Social Sustainabi/ity refers to the ability for the development to contribute to the social well-being of the community through economic enhancement, provision of public services and amenities, supply of affordable housing and other measures that can positively impact the social realm of the community. Point Points Features Value Earned Economic Benefits Supporting Comments and Documentation d. d.2 Permanent. local employment is created during construction. Direct employment to be created after construction. d.3 Other components of economic sustainability (e.g. flex suites, home-based business adaptable) are created. d.4 Residential units are considered affordable (based on CMHC definition). Non-Market Housing 0 d.5 Non-market housing is included. 5 d.6 At least 20% of units are non-market housing. 5 d.7 At least 50% of units are non-market housing. 7 d.b At least 80% of units are non-market housing. 0 d.9 Non-market housing (minimum 5%) is included with market housing in ttie same development. 0 (Cont...) The North Shore Neighbourhood Plan City of Kamloops Page 88 50

40 8 - Development Checl<list D. SOCIAL SUSTAINABILITY (cont.) Point Points Features Valu e Earned Supporting Comments and Documentation Rental Housing d.0 d. d.2 d.3 Rental housing is induded. 5 At least 20% of the units are rental units. At least 50% of the units are rental units. 2 At least 80% of the units are rental units. 3 d.4 d.5 Rent is considered affordable (based on CMHC d efinition). Housing Agreement used to guarantee a minimum of ten years of rent control. 5 d.6 d.7 d.8 d.9 d.20 Accessi bilit~ Accessibility features (e.g. handicapped-oriented suites, adaptable rental units) are included. Development is ground-oriented with entrances off of public right-of way. Local l den t it~ Reinforcement Development enhances local identity and character {e.g. see Sections 3.3 and 3.6 under General Regulations for details pertaining to local identity and character). Development incorporates horizontal and vertical mix of uses. Development contributes to heritage revitalization d.2 Heritage buildings municipally designated. d.22 d.23 d.24 d.25 d.26 Social Amenities Public art {e.g. murals, sculptures, reader boards, etc.) is provided. A child care facility is integrated into the development. Other public social amenities (such as water features, benches etc.) are provided. A Green Roof, to a minimum of 50% of the total roof area, is provided as amenity space. Privata amenities (such as pools, daycare, recreation rooms) are provided. 2 (Cont...) The North Shore Neighbourhood Plan City of Kamloops Page 89 5

41 8 - Development Checl<list D. SOCIAL SUSTAINABILITY (cont.) Features Planning Process Point Points Value Earn ed Supporting Comments and Documentation d.27 Residents, community stakeholders and end-user groups were involved in the planning, design and 2 development process. Innovation in Design d.28 Development adds other unique or Innovative features not covered by the above checkli st. 5 Provide details. Total Points Ea rned (Minimum Base Points Required 20) Social Sustainability Minimum Achieved? y I N The North Shore Neighbourhood Plan City of Kamloops Page 80 52

42 8 - Development Checklist E. SITE ACCESS, CONNECTIVITY AND PARKING The North Shore is one of Kamloops' most walkable and accessible neighbourhoods. Protecting that walkability and ensuring that service and shopping opportunities remain available to pedestrians requires supporting and encouraging residential development to locate within close proximity to community amenities, health facilities and parkland. Development is located close to urban cores and in more dense environments should be considered first above peripheral, auto-dependent sites. Site Access, Connectivity and Parking - refers to the movement of people and vehicles, on and off site, as well as how well the site performs in terms of connection to the adjacent and surrounding road network. Point Points Features Value Earned Supporting Comments and Documentation 200m {2 /2-minute) Connectivit~ e. e.2 e.3 Development located within 200 m of a public transit bus stop. Development located within 200 m of recreation trails. Development located within 200 m of a clearly defined commercial area. 2 2 e m {5-minute) Connectivit~ Development located within 400 m of a neighbourhood store. e.5 Development located within 400 m of a school. e.6 e.7 e.8 e.9 e.0 e. Development located within 400 m of a community service. Development located within 400 m of a child care facility. Development located within 400 m of a health service. Development located within 400 m of a park or trails. Development located within 400 m of a public transit bus stop. Development located within 400 m of a minimum of 4 (four) of the above criteria. 0 (Coot... ) The North Shore Neighbourhood Plan City of Kamloops Page 8 53

43 8 - Development Checl<list E. SITE ACCESS, CONNECTIVITY AND PARKING (cont.) Features Site Con nec t ivit~ Point Points Value Earned Supporting Comments and Documentation e.2 e.3 The pedestrian network is well integrated throughout the site. Buildings are oriented along pedestrian routes, or sidewalks, to provide passive surveillance. laneways are provided and optimized for garbage e.4 and/or service access to minimize sidewalks being crossed over by driveways. e.5 The pedestrian network from adjacent sites is incorporated In site design. Transj2ortation Features e.6 Covered and secure bicycle storage is provided. 5 e.7 Change rooms are provided. e.8 Designated carpool parking is provided. e.9 e.20 e.2 e.22 Development incorporated Transport,.tion Demand Management principles. Development incorporates an innovative parking and transportation strategy. Parking Surface parking is located to the side or rear of the building. Surface parking areas are landscaped and/or screened A minimum of 80% of residential parking is located e.23 underground or in a parking structure incorporated 5 into the design of the building. Parking Is provided for underground or incorporated e.24 into the design of the building with an 'active' (refer 5 to "c.7" in this Checklist) frontage. Innovation in Design Development adds other unique or innovative e.25 features not covered by the above checklist. 5 Provide details. Total Points Earned (Minimum Base Points Required = 20) Site Access, Connectivity and Parking Minimum Achieved? y I N The North Shore Neighbourhood Plan City of Kamloops Page 82 54

44 8 - Development Checl<list F. ENVIRONMENTAL SUSTAINABILITY Community and building design can significantly influence the resource consumption (e.g. energy and water) and the waste (e.g. vehicle emissions, stormwater run-ofd produced in a local community. New development on the North Shore should be designed to minimize negative impacts on the natural environment and should showcase and provide an example of green development for the rest of Kamloops to emulate and implement. Environmental Sustainabi/ity refers to the ability of the development to contribute to an enhanced community environment through the reduction in the consumption of non-renewable resources, sound stewardship of environmental resources, and a reduction in the pressures of infrastructure systems. Features Green Building Certification Point Points Value Earned Su pp o rting Comments and Documentation f. f.2 f.3 The development is LEED/Built Green certified. 5 The development reached LEED/Built Green silver. 5 The development reached LEED/Built Green gold. 20 f.4 The development reached LEED/Built Green platinum. Environmental Stew ardshiq 25 f.5 f.6 Greenspace (e.g. landscaped areas that have shrubs, trees and/or grass} lor the development is provided. Trees are added to the landscaped areas. f.7 SignifiCant environmental features are maintained and/or enhanced. On-site Stormwater Management f.8 Rain gardens, detention ponds and other on-site stormwater management features are incorporated 5 into landscaped areas. f.9 Green Roof installed to a minimum or 50% of the total roof area. 5.0 Green Street used in development 2 Water Effi c i enc~ f. Water efficient landscaping used. 2 f.2 Non-potable water system installed and used for irrigation. 2 f.3 Innovative wastewater technologies used (e.g. low consumption fixtures, grey water systems. 2 stormwater irrigation}. (Cont... ) The North Shore Neighbourhood Plan City of Kamloops Page

45 8 - Development Checf<fist F. ENVIRONMENTAL SUSTAINABILITY (cont.) Features Good Neighbour Features Point Points Value Earned Supporting Comments and Documentation.4 Noise mitigation building design and features used in development..5 Sign and building light pollution minimized. Construction Management.6.7 Majority of materials from regional sources. 2 Renewable resources used in construction..8 Durable and long-lasting construction materials used. Energ:i Conservation.9 Integration of solar power into building design and construction. including the use of design to orient buildings to maximize interior solar accessibility..20 Power Smart and CFC-reducing HVAC systems used in the building. Site DeveloQment.2 Development connects well with surroundings and integrates into the existing character and function of 2 the neighbourhood..22 Wildlife habitat on or adjacent to the site has been protected, enhanced and/or restored. f Open space exceeds minimum zoning requirements on site (e.g. use of clustering, reduced lot coverage, etc.) Heritage features have been preserved and/or enhanced (in conjunction with the Canadian Historic 2 Places Standards and Guidelines). Innovation in Design.25 Development adds other unique or innovative features not covered by the above checklist. 5 Provide details. Total Point s Earned (Minimum Base Points Required = 35) Environmental Sustainability Minimum Achieved? y I N The North Shore Neighbourhood Plan City of Kamloops Page

46 8 - Development Checklist H. INCENTIVE LEVEL WORKSHEET (For Office Use Only) Development incentives will be determined through negotiations with Development and Engineering Services staff, through the development application process and, depending on the type of incentive received, may require approval from City Council. This Incentive Level W orksheet will be filled out by City Staff confirming the results of the Development Checklist, the Incentive Level reached and the types and amounts of incentives that the development proposal will be eligible for. D evelopment C hecklist Regulatory Conditions Minimum Achieved? Public Health and Safety Minimum Achieved? Urban Design Minimum Achieved? Social Sustainability Minimum Achieved? Site Access, Connectivity and Parking Minimum Achieved? Environmental Sustainability Minimum Achieved? yes no yes no yes no yes no yes no yes no Incentive Level Number of Checklist Section Minimums Achieved Less than 4 Incentive Level Reached for Development Proposal Base Level Level2 Level3 Incentive Amounts (refer to attached Development Incentive Matrix} Tax Reduction Amount(%) DCC Reduction Amount - Non-market Housing Residential Unit Amount (%) - Green Development Related Amount (%) Parking Relaxation Amount (%) Amenity Bonus Increase (%) Public Realm Partnership Amount Recommended (%) Planning Priority Level C hecklist Approval All Supporting Documentation Submitted? Checklist Approved by Development Services Department yes no yes no File Manager: Date Signed: Signature: The North Shore Neighbourhood Plan City of Kamloops Page 85 57

47 8 - Development Checl<list DEVEL OPMENT INCENTIVE MATRIX The following Development Incentive M atrix is an excerpt from the North Shore Neighbourhood Plan (see page 36) and is to be used in conjunction w ith the Development C hecklist to determ ine if incentives apply to a development proposal, and if so, to what level. Development Incentive Levels need to be discussed with Development and Engineering Services Department staff and some incentives require approval by C ity Council. Developmen t Checklist Sectio n Section Minimums refer to the minimum point level for each Section listed within the Development Checklist. B a s e Level 3 or fewer Section L evel 4 out of 6 Section Level 2 Development Incentive Tool Amount Amount Tax Exemption : Within North Shore Towne Centre Within Tranquille Commercial District Within Tranquille South Within Brock Shopping Centre Within Halston Entry Corridor or 8th Street All Other Areas Mixed-use Green Development Green Development Combined Market and Non-market Housing nla nla n/a n/a n/a n/a n/a n/a nla nla 20% additional 20% additional 5% additional 0% additional 0% additional 5% ni:j additional 0% additional 5% additional 0% nla additional0% additional 5% additional0% D CC R educ tion2: Social Housing Units Small Housing Units Green Development Parking R equirement Relaxatio n 00% TBD n/a nla 00% TBD TBD 5% 00% TBD TBD 0% TBQ ~ D e nsity Bonus 3 P u b lic Rea lm Partnering 4 n/a nla 25% 25% 50% 35% Maximum Perrhltted 50'. Plann in g Process Prio r it ie s 5 Normal Process Normal Process Expedited Process Expedited Proceu Exemption Periods are for a maximum of 0 years; exemptions calculated on the increase in total assessed value, post-construction; minimum 50 per cent of roof coverage applies to green roof installation; minimum of 50 per cent of units designated as affordable for combined market and non-market housing developments is required; 2DCC Reductions pertain to social housing units only; Green Development DCC reductions are "To Be Determined" as part of the Green DCC review taking place ; Small Housing Units are self-contained and no larger than 30 m2. 3Density Bonus is an Increase limited to the maximum densities Identified within Section Four of this Plan and within the North Shore Development Permit Area Guidelines; Public Realm Partnering (to a maximum of $00,000) requires the approval of City Council; SPianning Process Priorities will be expedited for all Level developments that incorporate a minimum of 50 per cent of the total units as non-market housing. T he North Shore Neighbourhood Plan City of Kamloops Page 86 58