COUNCIL QUESTIONS & ANSWERS

THE WILDERNESS CITY www.whitehorse.ca

COUNCIL QUESTIONS & ANSWERS

Meeting date: March 19Document date: March 23

1. What is the total cost of the last cell service contract?

The total contract cost billed by Telus is $ 316,745.52 as at the end of Dec 2017, broken down as follows:

Contract YearYear 1 (Apr 2014 to Mar 2015) $ 62,692.15Year 2 (Apr 2015 to Mar 2016) 82,142.32Year 3 (Apr 2016 to Mar 2017) 94,185.12TOTAL 3 YR CONTRACT 239,019.59

2. Is there a red line version of the zoning bylaw amendment for Site Regulations?

Please scroll down for more details.

3. What is the projected cost of servicing all the proposed residential lots and the Motorways Lot?

Following is the breakdown for estimated costs for each project associated with the proposed $250,000 Capital Budget Amendment for servicing of proposed Arkell/MaryLake residential lots, additional onsite investigation for proposed Whitehorse Copper residential lots and the Motorways servicing to Lot 41:

Location Service provider Cost Estimate (gst incl)

Mary Lake ATCO servicing 15,750

NwTel servicing 10,000

Arkell City/ATCO/NwTel servicing 92,000

Surveyor’s subdivision sketch 210



Whitehorse Copper Geo/Hydrologic assessment 12,000

All Appraisals 4,000

Legal Surveys 25,000

Land Titles 200

Motorways 90,000

Total

249,160

4. What was the second bid amount for the Livingstone Lagoon concrete manhole vault replacement?

Norcope bid was $134,815 (does not include GST)

5. How long is the water license renewal period for?

The water license will likely be for an 18 year period

6. Why is snowmobile use in Whistle Bend permitted on a non-motorized trail?

Snowmobiles are permitted on the Whistle Bend Paved Perimeter Trail because it is: (1) not listed as an excluded area under Section 15 of the Snowmobile Bylaw;

and/or (2) not in contravention of Section 24 of the Snowmobile Bylaw, no vegetation or

ground on the trail is being damaged as a consequence of snowmobile use; and/or



(3) not in contravention of Section 29 of the Snowmobile Bylaw, the trail is not closed.

Sections 14 and 15 of the 2012 City of Whitehorse Snowmobile Bylaw permit snowmobile use on MMU trails and any other areas of the City not specifically excluded in the bylaw. In the undeveloped greenspaces, the most notable excluded or “prohibited” areas are Environmentally Sensitive Areas (ESAs) and ski trails. Trails located in greenspaces that do not trigger an exclusion are open to snowmobile use. However, Section 24 of the Bylaw prohibits snowmobiles from damaging any vegetation or ground. Administration is currently working with the Whistle Bend Community Association and its residents to determine snowmobile use on the paved perimeter trail that reflects community interest. A Whistle Bend resident online survey is currently being prepared and notices will be distributed to every household in Whistle Bend for their feedback. Subsequent survey results will inform administration’s recommendation to Council on whether or not to prohibit snowmobile use on the Whistle Bend Paved Perimeter Trail by means of an amendment to the Snowmobile Bylaw.

The following information is provided for clarity

Q: Could we make Mary Lots a bit bigger and remainder lot smaller?

The proposed Mary Lake development lots, shown as Proposed Lots 1 and 2 on the sketch submitted in the Council package, include all of the land that is currently zoned RC1 – Residential Country 1. The area beyond these lots, shown as Proposed Lot 3 (Remainder) on the submitted sketch, remained zoned as PG – Greenbelt to respect the topography of the area and maintain a buffer from existing residential lots. Therefore, the development lots as proposed could not be enlarged without a further zoning amendment bylaw being adopted by Council.



Excerpt from GIS Mapping showing ortho photo and current zoning designation boundaries:

Q: Where is location of KSA parking area?

Please refer to the attached PDF sketch titled “Bylaw 2018-24 – Location Sketch – REVISED”. The existing parking/staging area used by the Klondike Snowmobile Association to access the Trans Canada Trail (TCT) connector is currently located on the north side of McLean Lake Quarry Road within a portion of the proposed quarry lease expansion area. Should future quarry activities impact this parking/staging area and the adjacent TCT connector, the City’s Parks and Community Development Department have advised that a formal parking/staging area would be developed to the northeast just beyond the expanded quarry lease boundary as shown on the sketch. The TCT connector would also be rerouted along the north side of the road right-of-way to connect the new parking/staging area with the existing trail on the south side of the road right-of-way.

Also attached is a revised sketch titled “Bylaw 2018-23 McLean Lake Quarry Appendix A – REVISED” that illustrates the existing quarry lease area, the proposed expanded quarry lease area and the applicable zoning designations/boundary lines within the proposed application area.

Changes to Zoning Bylaw Proposed in Bylaw 2018-18

Text in black is from the current bylaw Text in red shows changes proposed in Bylaw 2018-18 Text in blue with strike-out lines is text proposed to be removed in 2018-18

New Section 4.19 Security 4.19.1 Where the Development Officer has required certain improvements be

made to a property, documents prepared or other actions completed as a condition to the issuance of a development permit for the property (the “Required Improvements”), and has required security in the form of cash or a letter of credit be deposited with the City pursuant to any of the provisions of this bylaw, including without limiting the generality of the foregoing, sections 5.5.2.3, 5.5.3.1, 5.5.5, 5.5.8.1 or 7.2.8: a) Upon completion of the Required Improvements and the filing of

a written request for the release of any cash security deposited with the City, such cash security shall be paid to the property owner, notwithstanding that the person named on the development permit or that provided the security is not the property owner.

b) Notwithstanding that the development permit was issued to another person, the property owner is responsible for completing the Required Improvements.

4.19.2 If cash is offered as the security, it shall be held by the City in a non-interest bearing account.

4.19.3 If a letter of credit is offered as the security, it shall be irrevocable and automatically renewable, with an initial term of two years, or another time frame stipulated by the Development Officer. Any letter of credit shall allow for partial or complete draws by the City if the Required Improvements are not completed within the time frame stipulated by the Development Officer.

4.19.4 Where the Required Improvements are not completed within the time frame stipulated by the Development Officer, the security is forfeited and the City can draw on the security for its use absolutely, including, without limitation, to add to the City’s general revenue fund. This section applies to every security that has been collected pursuant to this bylaw on or after May 11, 1998.

4.19.5 Where the Required Improvements are not completed within the time frame stipulated by the Development Officer, the City may elect to use the security to commission the work. In the event that the security is insufficient for the City to complete the required work, the property owner shall pay such deficiency to the City immediately upon being invoiced.

Section 5: General Development Regulations In all instances in sections 5 and 7 of the current bylaw where the term “owner” is used, Bylaw 2018-18 proposes the term “property owner”


Section 5.5.2.3 (Drainage) Where a landscaping security has been collected pursuant to this bylaw, such landscaping security may be withheld until such Lot Grading Certificate has been submitted to the satisfaction of the Development Officer. Where the Lot Grading Certificate to the satisfaction of the Development Officer is not provided within one year of dwelling occupancy approval, or another time frame stipulated by the Development Officer, the City can draw on the landscaping security for its use absolutely, including, without limitation, to commission the requisite Lot Grading Certificate.

Where landscaping security has been collected pursuant to this bylaw, such landscaping security may be withheld until such Lot Grading Certificate has been submitted to the satisfaction of the Development Officer. Where the Lot Grading Certificate to the satisfaction of the Development Officer is not provided within one year of dwelling occupancy approval, or in the case of a condominium, within one year of the issuance of occupancy approval for any unit of the condominium, or if applicable, any unit of that phase of the condominium, or another time frame stipulated by the Development Officer, the landscaping security is forfeited pursuant to Section 4.19. Section 5.5.2.4 (Fences and Walls) Fence and wall materials shall be consistent with the character of the zone in which they are to be located. Barbed wired fencing or chain link fencing over 1.2 m is not permitted in conjunction with residential uses. Barbed wired fencing may only be permitted as a fence top in CH, IA, IQ, IS and PS zones where additional security is required, or around a public utility structure in any zone. Erection of temporary fences typically incidental to construction, maintenance or alteration of a building or structure shall only be permitted where a development or building permit has been issued or in the interest of public safety. The height of a fence or wall shall be measured from grade. Where the fence or wall is adjacent a property line, the height shall be measured with reference to the grade of the abutting property. Where a fence is located on top of a retaining wall, berm or similar structure, the height of the fence shall include the height of the supporting structure. On a corner lot, both yards fronting streets shall respect the height limitation for front yards. Specific regulations by zone class are included in section 5.5.3.

5.5.3 Specific Requirements by Zone Class 5.5.3.1 Residential Zones In all instances in this section of the current bylaw where it says “issuance of the occupancy permit” Bylaw 2018-18 says “issuance of occupancy approval” Section 5.5.3.1 d) Fences and Walls Fences and walls are not required in any residential zone, but where constructed in the front yard in any residential zone shall not exceed 1.2 m in height, with the exception of RC1 and RC2 zones where fences and walls in the front yard shall not exceed 2.0 m in height. Fences and walls in the side or rear yard of any residential zone shall not exceed 2.0 m in height, with the exception of residential zones which abut a commercial or public/institutional zone, where fences and walls in the side or rear yard shall not exceed 2.5 m in height. This provision may be increased at the discretion of the Development Officer where the residential use is multiple residential


greater than 2 storeys. Fences and walls in an exterior side yard shall not exceed 1.8m in height, and the upper 0.3m of a fence or wall shall be no less than 25% transparent. If the upper 0.3m of a fence or wall in an exterior side yard is less than 25% transparent, a fence or wall shall not exceed 1.5m in height. See section 5.5.2.4 for method of determining height of fences and walls.

5.5.5 Guaranteed Landscaping Security The Development Officer may require that, as a condition of issuing a development permit, the owner provides a guaranteed security to ensure the landscaping is installed and maintained for two growing seasons. Only the following forms of security are acceptable: a) cash to a value equal to 125% of the established landscape

installation and maintenance costs; or b) an unconditional and irrevocable Letter of Credit, automatically

renewable, having a value equivalent to 125% of the established landscape installation and maintenance costs.

5.5.5.1 The projected cost of the landscaping shall be calculated by the applicant. If, in the opinion of the Development Officer, the projected costs are low, the Development Officer may establish an appropriate landscaping cost figure for the purposes of determining the value of the landscaping security and the Development Officer’s calculation will be determinative.

5.5.5.2 If cash is offered as the landscaping security, it shall be held by the City in a non-interest bearing account until the Development Officer is satisfied that the required landscaping has been installed, provided that the security is not withheld pursuant to this bylaw (including, without limitation, pursuant to section 5.5.2.3)

5.5.5.3 If a Letter of Credit is offered as the landscaping security, it shall be in a form satisfactory to the Development Officer. The initial term of the Letter of Credit shall be two years. The Letter of Credit shall be held by the City until, by confirmation through inspection by the Development Officer, the required landscaping has been installed, provided that the security is not withheld pursuant to this bylaw (including, without limitation, pursuant to section 5.5.2.3).

5.5.5.4 Any Letter of Credit shall allow for partial draws by the City if the landscaping is not completed in accordance with the approved landscape plan(s) within two years of the issuance of an occupancy permit. The City may draw on a cash security or a Letter of Credit and the amount thereof shall be paid to the City for its use absolutely.

5.5.5.5 In the event that the owner does not complete the required landscaping and the cash or the proceeds from the Letter of Credit are insufficient for the City to complete the required work, should it elect to do so, then the Owner shall pay such deficiency to the City immediately upon being invoiced. The City shall provide an accounting to the Owner indicating how the proceeds of the Letter of Credit were applied within 60 days of completing or maintaining the landscaping.

5.5.5 Landscaping Security 5.5.5.1 The Development Officer may require that, as a condition of issuing a

development permit, the property owner provide security in accordance with Section 4.19 to ensure the required landscaping is installed within two years of the issuance of the first occupancy approval for the property, or in the case of a condominium, within two years of the issuance of occupancy approval for any unit, or if applicable, any unit in


that phase of the condominium, or another time frame stipulated by the Development Officer.

5.5.5.2 The value of the security shall be equal to 125% of the projected landscape installation costs. The projected cost of the landscaping shall be calculated by the applicant. If, in the opinion of the Development Officer, the projected costs are low, the Development Officer may determine the appropriate landscaping cost for the purposes of setting the amount of the landscaping security and the Development Officer’s calculation will be determinative.

5.5.5.3 The landscaping security shall be held by the City until, by confirmation through inspection by the Development Officer, the required landscaping has been installed, provided that the security is not withheld pursuant to another provision of this bylaw (including, without limitation, pursuant to section 5.5.2.3).

In the event that the landscaping is not installed to the satisfaction of the Development Officer within two years of the issuance of the first occupancy approval for the property, or in the case of a condominium, within two years of the issuance of occupancy approval for any unit, or if applicable, any unit in that phase of the condominium, or another time frame stipulated by the Development Officer, the landscaping security is forfeited pursuant to Section 4.19.

5.5.6 Inspections Upon receipt of a written request, or at his own discretion, the Development Officer may conduct an inspection of the finished landscaping. Inspections shall be made during the normal growing season, between June 01 and September 30. If a request for the inspection is received, the Development Officer will perform the inspection within 20 working days of receipt of such inspection request.

5.5.6.1 Inspections by the Development Officer may, at a minimum, conduct an inspection following installation (installation inspection) and a final inspection at the end of the warranty period (warranty inspection). These inspections will include the following: a) determining whether the variety, size, quantity, location and condition

of plant materials and other landscape features and requirements correspond to those shown on the approved landscape plan(s);

b) determining whether adequate means of watering plant material exists and that there is evidence that this has been done consistently; and

c) determining whether the correct conditions for plant establishment and continued health are maintained for the warranty period as per section 5.5.5.

5.5.6.2 Following the installation inspection, the Development Officer may either issue a certificate that the installation has been completed in accordance with the approved plans or notify the applicant in writing of the deficiencies.

5.5.6.3 Following the warranty inspection, the Development Officer may issue a certificate that the landscaping and maintenance requirements have been fulfilled.


5.5.6 Inspections 5.5.6.1 Upon receipt of a written request, or at his own discretion, the

Development Officer may conduct an inspection of the finished landscaping. Inspections shall be made during the normal growing season, between June 01 and September 30. If a request for the inspection is received, the Development Officer will perform the inspection within 20 working days of receipt of such inspection request. The inspections will include the following: a) determining whether the variety, size, quantity, location and

condition of plant materials and other landscape features and requirements correspond to those shown on the approved landscape plan(s);

b) determining whether adequate means of watering plant material exists and that there is evidence that this has been done consistently; and

c) determining whether the correct conditions for plant establishment and continued health are maintained.

5.5.6.2 Following the inspection, the Development Officer may either release the security if installation has been completed in accordance with the approved plans, or notify the applicant in writing of the deficiencies.

5.5.7 Installation and Maintenance 5.5.7.3 The Development Officer may require the preparation of maintenance records

for landscape materials in commercial, industrial, public/institutional or multiple-residential zones in order to verify that warranty requirements have been satisfied in accordance with section 5.5.5 and section 5.5.6.

5.5.8 Guaranteed As-Built Drawing Security Installation of any servicing (water, sewer, roads, storm, etc.) required for a development shall be done in accordance with the City of Whitehorse Servicing Standards Manual, as amended from time to time, and to the satisfaction of the City Engineer.

5.5.8.1 As a condition of issuing a development permit, a Development Officer may require that the owner provide a guaranteed security to ensure that the final as-built drawings in the form and substance acceptable to the City Engineer are provided for the project. Only the following forms of security are acceptable: a) cash to a value equal to $6,650/ha of development; or b) an unconditional and irrevocable Letter of Credit, automatically

renewable, having a value equivalent to $6,650/ha of development. 5.5.8.2 Where a Development Officer has required a guaranteed security for as-built

drawings, the following will apply: a) If cash is offered as the as-built security, it shall be held by the City in a

non-interest bearing account until the Development Officer is satisfied that the required as-built drawings in the form and substance acceptable to the City Engineer have been provided to the City.

b) If a Letter of Credit is offered as the as-built security, it shall be in a form satisfactory to the Development Officer. The initial term of the Letter of Credit shall be two years. The Letter of Credit shall be held by the City until, by confirmation through inspection by the Development Officer, the required as-built drawings in the form and substance acceptable to the City Engineer have been provided to the City.


c) Any Letter of Credit shall allow for partial draws by the City if the as-built drawings are not submitted within 60 days of the issuance of an occupancy permit. The City may draw on a cash security or a Letter of Credit and the amount thereof shall be paid to the City for its use absolutely, including, without limitation, to commission the requisite as-built drawings.

d) In the event that the owner does not submit the as-built drawings and the cash or the proceeds from the Letter of Credit are insufficient for the City to complete the required work, should it elect to do so, then the Owner shall pay such deficiency to the City immediately upon being invoiced. The City shall provide an accounting to the Owner indicating how the proceeds of the Letter of Credit were applied within 60 days of completing as-built drawings.

5.5.8 As-Built Drawing Security Installation of any servicing (water, sewer, roads, storm, etc.) required for a development shall be done in accordance with the City of Whitehorse Servicing Standards Manual, as amended from time to time, and to the satisfaction of the City Engineer. A Development Officer may require that the property owner provide as-built drawings in the form and substance acceptable to the City Engineer within 60 days of the issuance of the first occupancy approval for the development.

5.5.8.1 As a condition of issuing a development permit, a Development Officer may require that the property owner provide a guaranteed security in accordance with section 4.19 to ensure that the final as-built drawings are provided.

5.5.8.2 The value of the security shall be equal to $6,650/ha of development. 5.5.8.3 In the event that the property owner does not submit the as-built

drawings within 60 days of the issuance of the first occupancy approval for the development, the security shall be forfeited pursuant to section 4.19.

6.4 Comprehensive Development Zones 6.4.4 (Porches) a) A porch, patio, deck, or covered entry shall occupy no less than 25%

of the front width of a building. The building front is defined as that portion of the building fronting onto a public street or open space. For lots fronting two streets, 15% of each street frontage face shall be a porch, patio, deck or covered entry.

6.4.4 a) A porch, patio, deck, or covered entry shall occupy no less than 25% of the building front. The building front is defined as the portion of the building fronting onto a public street. Corner lots shall have a porch, patio, deck, or covered entry that occupies either 25% of one building front or 15% of each building front.


Section 7: Parking and Loading 7.2 Hard-surfacing and Marking 7.2.8 A Development Officer may require that, as a condition of development permit,

the owner provides a guaranteed security to ensure the required hard surfacing is provided and completed. The security will take the form either of cash to a value equal to 125% of the established hard-surfacing costs, or an irrevocable letter of credit having a value equivalent to 125% of the established hard-surfacing costs.

7.2.9 Off-street parking spaces that are provided in addition to the minimum amount of off-street parking requirements and are located in the rear or side yard may be exempt from section 7.2.1 if a hard-surfaced driveway is installed to access an adjacent hard-surfaced public street or lane. The driveway must be no less than 16.5 m2.

7.2.10 A driveway may not exceed 50% of the lot frontage. 7.2.8 A Development Officer may require that, as a condition of issuing a

development permit, the property owner provides security in accordance with section 4.19 to ensure the required hard-surfacing is completed, to the satisfaction of the Development Officer, within one year of the issuance of the first occupancy approval for the property, or in the case of a condominium, within one year of the issuance of occupancy approval for any unit, or if applicable, any unit in that phase of the condominium , or another time frame stipulated by the Development Officer.

7.2.9 The value of the security shall be equal to 125% of the projected hard-surfacing installation costs. The projected cost of the hard-surfacing shall be calculated by the applicant. If, in the opinion of the Development Officer, the projected costs are low, the Development Officer may establish an appropriate hard-surfacing cost figure for the purposes of determining the value of the hard-surfacing security and the Development Officer’s calculation will be determinative.

7.2.10 The hard-surfacing security shall be held by the City until, by confirmation through inspection by the Development Officer, the required hard-surfacing has been installed, provided that the security is not withheld pursuant to another provision of this bylaw. In the event that the hard-surfacing is not installed to the satisfaction of the Development Officer within one year of the issuance of the first occupancy approval for the property, or in the case of a condominium, within one year of the issuance of occupancy approval for any unit, or if applicable, any unit in that phase of the condominium, or another time frame stipulated by the Development Officer, the hard-surfacing security is forfeited pursuant to section 4.19.

7.2.11 Off-street parking spaces that are provided in addition to the minimum amount of off-street parking requirements and are located in the rear or side yard may be exempt from section 7.2.1 if a hard-surfaced driveway is installed to access an adjacent hard-surfaced public street or lane. The driveway must be no less than 16.5 m2.

Proposed

IQ-Quarries

PG-Greenbelt

PE-Environmental

FP- Future Planning

Protection

PE-Environmental

ProtectionFP-Future Planning

to

IQ-Quarries

PG-Greenbelt

to

Expanded Quarry

Existing Quarry

Lease

Lot 1284

M

c

L

e

a

n

L

a

k

e

R

o

a

d

Lease Area

IQ-Quarries

SUBJECT AREA

LEGEND

CITY OF WHITEHORSE

BYLAW 2018-23

APPENDIX 'A'

A Bylaw to amend the zoning of a 3.7ha parcel of vacant

Commissioner's land from FP-Future Planning and PG-Greenbelt to

IQ-Quarries for the expansion of a City quarry lease.

00 50 100

TP14

TP15

TP16

TP17

TP18

TP19

PROPOSEDEXPANSIONAREA 8.8ha±

EXISTINGLEASE 533AREA 3.6ha±

PUBLIC QUARRY

LAND

TREATMENT

FACILITY

LEASE

QUARRY LEASE

TC

T C

onnector

R

e

r

o

u

t

e

d

T

r

a

i

l

S

t

a

g

i

n

g

A

r

e

a

R

e

lo

c

a

te

d

T

C

T

S

ta

g

in

g

A

r

e

a

E

x

i

s

t

i

n

g

T

C

T

Existing T

rail

LOCATION SKETCHProposed Quarry Renewal & Expansion

1:3000

March 19, 2018

nm

Lease 533

2

McLean Lake Quarry Road, Lease 533

Documents

COUNCIL QUESTIONS & ANSWERS