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1.0 ISSUES

Fairview is primarily a residential neighbourhood which features single family houses, many on large lots, and a good number of heritage houses. In accommo-dating future growth, it is of great importance to local residents to monitor the type and location of new residential development in an attempt to maintain the character of the community.

In the past, Fairview has been much influenced by industrial lands both on its periphery (along the waterfront) and in its midst (the gravel pit). In the future, the community wishes to convert these lands for non-industrial uses which are more compatible with the residential nature of the area.

Post-secondary educational facilities, of which Fairview has two major ones -- The Nelson University Centre and the Canadian International College -- are positive components of the community's character. Nelson is anxious to receive a degree-granting university, and should this occur, Fairview may be able to accommodate a full-scale campus on its Endowment Lands. The gravel pit area is intended to be converted to on-industrial uses over time and can also accommodate education facilities. The Trevor Street extension from Gyro Park would provide direct access to these areas from both Gyro Park and Uphill.

Nelson Avenue is part of a Provincial Highway, and also functions as a local collector. The future role of this major street is therefore an issue. Because of the nature and volume of traffic along it, it has, over time, developed a number of commercial uses along it. The existing 7-11 convenience store and the Mohawk gas station are examples. The community is not altogether in favour of continuing this trend because of a number of older and heritage houses along Nelson Avenue.

Managing traffic and improving the condition of both streets and sidewalks is a major issue with respect to liveability of the neighbourhood. To this end, Fairview seeks improved transit services, improved traffic management along its major roads, increased safety measures for pedestrians and paving of all streets. Fairview residents regard improvement of municipal services as equal in importance as other planning issues such as redevelopment of the Waterfront.

2.0 WHAT KIND OF NEIGHBOURHOOD IS FAIRVIEW STRIVING TO BE?

Fairview has long been characterized by its residential nature, which has featured single family houses and large lots. This low density has contributed to making the community "green": mature street trees, lawns and a large number of private gardens contribute to this impression of Fairview. The community also possesses an important number of heritage-style houses. The community wishes to maintain this green and heritage image, while adjusting to changing needs in the area. To this end, the community aspires to remain an area of predominantly one- and two-family residences, but through infilling and some new development will provide for small-scale multi-family housing that is in character with the existing neighbourhood.

Educational institutions are seen to play a major role in the life of the community, and additional such facilities, including a new degree-granting university, would be welcomed. Conversely, the community desires its old industrial lands (including the former KFP site and the existing gravel pit) to be converted to uses more compatible with a resi-dential district.

The community is keenly aware of the Provincial Highway that transects it. Fairview sees select areas along the Highway as being appropriate for local and tourist commercial uses, but generally these areas are to be tightly contained so that Nelson Avenue does not evolve into a commercial strip, nor do the commercial areas "bleed" into the adjacent residential blocks.

3.0 POLICIES

3.1 Residential

POLICY #1

The City intends to maintain the low density residential character of Fairview. New residential growth will be accommodated as follows:

¨ The entire residential area of Fairview will accommodate single-family housing, duplexes, and other small-scale multi-family housing such as triplexes and fourplexes which are compatible with the scale and character of the surrounding neighbourhoods.

¨ New townhouses and low-rise apartments will be concentrated in areas which have good access or are close to neighbourhood amenities or major employment centres. Specifically, in Fairview these areas are along Anderson Street and Nelson Avenue near the Safeway and Hume School; north of Gordon Street west of Fifth Street; and that portion of the former KFP site south of the CP Rail line.

¨ Small-scale multi-family housing such as triplexes and fourplexes will be encouraged to located near the private hospital and the CIC/NUC site.

¨ The gravel pit site, when converted to non-industrial uses, will accommodate a variety of multi-family housing types, which may share this site with new education facilities.

POLICY #2

As a means of controlling the amount of new triplexes and fourplexes that may be developed in the neighbourhood, Council will consider the following principles in reviewing rezoning applications:

(i) Within areas that are composed of primarily single-family dwellings, the location of new triplexes and fourplexes should be dispersed to that residential streets/blocks can retain their single-family character.

(ii) As a guideline, no new triplex or fourplex should be located within 100 metres of another triplex or fourplex.

DISCUSSION

Fairview is overwhelmingly a residential neighbourhood, and will remain so throughout the lifetime of this Plan. The majority of land is designated "RESIDENTIAL-NEIGH-BOURHOOD", meaning that the types of housing to be accommodated within these areas are as follows:

¨ single family houses

¨ duplexes

¨ triplexes and fourplexes

¨ secondary suites within single family houses

¨ "granny cottages" on large lots

¨ townhouses

¨ conversions of single family houses into several self-contained suites

¨ apartments.

All housing types are to maintain the character of the existing neighbourhood. New multi-family housing is required to adhere to design criteria to ensure compatibility with the scale, facade, texture and landscaping of adjacent properties. Heritage themes are to be maintained wherever possible. Requiring a development permit for new multi-family housing or for infill development is one tool the Municipality has to protect the existing character of a community.

Because Fairview has historically had large lots, or more precisely has seen its single-family housing often appearing on two properties that consist of two or three 25-30 ft. lots, the future will continue to bear economic pressure on property-owners to subdivide and sell off portions of their property as real estate prices rise. How to monitor infilling is one of the major issues facing Fairview over the next decade or so. Although infilling has the benefits of providing for more housing and a greater property tax base for the City without requiring a significant increase in municipal servicing, it locally has the potential to alter the character of the area in which it occurs. This is particularly true if the infill or new development is in the form of triplexes or fourplexes. In an attempt to provide for opportunities for a range of housing types in the neighbourhood, and yet minimize the potential impacts of greater density, this Plan accommodates these multi-suite buildings but also attempts to preventheir concentration in any one area.

The degree to which the issue of retaining the many gardens which characterize Fairview can be addressed in the municipal review process is limited. Zoning bylaws can prescribe rear yard setbacks, for example, but no municipal regulatory bylaw can prescribe that rear yards must be green or used for gardens.

The Nelson Housing Needs Survey (1990) identified a need for more housing for students and seniors. This housing could be in the form of apartments, dormitories or triplexes/fourplexes. The areas considered appropriate for such housing have been identified because of their proximity to bus routes, to commercial services, to existing high-density development, or to major community use facilities such as the Mt. St. Francis Hospital and the CIC/NUC campus. The "SPECIAL DEVELOPMENT AREA" of the existing gravel pit could also accommodate higher-density housing when converted to non-industrial uses.

POLICY #3

The City will apply design criteria for new/infill development within Development Permit Area 1 identified in Fairview. (See Schedule I). The purpose is to have the City consider the siting and the scale, character and heritage features of adjacent properties when reviewing a development proposal.

DISCUSSION

Municipal measures to protect heritage housing are limited. Heritage designation falls within Provincial jurisdiction. The City can provide for design controls through its development permit process, and this Plan does so, but these design guidelines are applicable to multi-family housing only.

With respect to protecting older, character houses along Nelson Avenue from development pressure, the Plan calls for commercial or tourist facilities along this street to be contained within certain commercial nodes. Pressure to convert Nelson Avenue to a commercial strip along its entire length may occur should the Highway be four-laned, but until such a time, the intention of this Plan is to shield existing single-family houses along this street form development pressure by keeping this area within the "RESIDENTIAL-NEIGHBOURHOOD" designation.

POLICY #4

Residential units can occur in mixed-use buildings, and where they do, they will be located in above-ground storeys.

DISCUSSION

Mixed use buildings can occur in new development in the "SPECIAL DEVELOPMENT AREA" sections of Fairview. Residential uses can work well with small-scale commercial or public use activities within the same building, but it is important to keep the residential units segregated from the "high traffic" areas which usually require maximum exposure to the public, and so are on the ground floor.

3.2 Commercial

POLICY #5

Commercial uses within Fairview will be restricted to those which serve tourists or local residents of the neighbourhood. Both types of commercial uses will be restricted, as follows:

¨ Commercial uses geared to tourists or to the needs of local residents will be confined to several small area along Anderson Street and Nelson Avenue, designated as "COMMERCIAL" on the Land Use Map (Schedule G).

¨ As new housing is developed in Fairview, the City may consider rezoning land to accommodate commercial establishments typically found in residential neighbourhoods (i.e. real estate offices, beauty salons, laundromats, etc.). Such rezoning will be contingent upon community support and satisfying certain location criteria.

¨ Commercial uses will also be accommodated within mixed-use buildings which occur within areas designated "SPECIAL DEVELOPMENT AREA" as illustrated in the Land Use Map (Schedule G), provided that retail commercial uses, if included, are located upon the ground floor.

DISCUSSION

Commercial uses within Fairview are located almost wholly along Nelson Avenue, or Anderson Street west of Nelson. These uses have developed primarily in response to the regional nature of the streets upon which they lie -- both the aforementioned streets comprise part of the Provincial Highway through the City. The Plan intends for these commercial uses to remain oriented to local shopping needs, so that commercial uses within the areas designated "COMMERCIAL" in Fairview are meant to be relatively small-scale and pedestrian-oriented, wherever possible. Only the area near the bridgehead designated "COMMERCIAL" is suitable to accommodate tourist facilities such as motels or restaurants. New commercial development along Nelson Avenue or Anderson Street (west of Nelson) will be required to meet design guidelines for Development Permit Area #1.

Local-oriented, small-scale commercial uses in the form of convenience grocery stores or video stores may occur within the "RESIDENTIAL-NEIGHBOURHOOD" areas as well. Locational and fundamental design criteria will be applied to such commercial developments within residential neighbourhoods, and approval from adjacent residents will be required as part of the City's development review and rezoning process.

Retail commercial uses occurring within mixed-use buildings are most properly located upon the ground floor. Buildings which include commercial space can occur within areas designated "COMMERCIAL" or "SPECIAL DEVELOPMENT AREA". Furthermore, retail or office uses on the ground floor of apartment buildings are considered appropriate in areas identified as appropriate for apartments, provided that they meet certain criteria related to size and design.

3.3 Public Use Facilities

POLICY #6

During the lifetime of this Plan, no new major community facilities are anticipated for Fairview. However, should there arise the opportunity to accommodate a small-scale educational or cultural facility, then rezoning the site would be required. At the time of rezoning, Council will give due consideration to potential community impacts such as traffic, parking overspill, and noise.

POLICY #7

School District No. 7 is undertaking a major upgrading of L.V. Rogers Senior Secondary School during the lifetime of this Plan. The City will encourage the site design for the upgraded school and grounds to be mindful of the designated future use of the gravel pit site as including residential uses.

POLICY #8

Should the City receive a new degree-granting university during the lifetime of this Plan, the City will consider location for the campus in Fairview, given the availability of the Endowment Lands and conversion of the gravel pit area.

POLICY #9

The gravel pit site in Fairview and the industrial tract north of Bealby Pt. Road are designated as a "SPECIAL DEVELOPMENT AREA", reflecting the community's desire for conversion of these areas to non-industrial uses. These areas are designated for residential use, but education and community use facilities may be included and site planning for these uses will attempt to integrate with adjacent land uses in the following manner:

a) green or open space associated with new education facilities will be located, wherever possible, to run contiguously with green/open space on adjacent public use or multi-family residential properties;

b) education or public use facilities will be located, wherever possible, on major roads and within 122m (400 ft.) of a bus route;

c) major public use facilities which abut the BNR rail line (Mt. St. Francis Hospital, Canadian International College, L.V. Rogers Senior Secondary and potential public uses in the gravel pit site) will be encouraged to adapt their on-site pedestrian system to link up with the pedestrian trailway/linear park proposed for the Burlington Northern right-of-way.

DISCUSSION

Fairview is home to several of Nelson's major public use facilities, namely Mt. St. Francis Hospital, the Canadian International College, Nelson University Centre, and L.V. Rogers Senior Secondary School. These uses are expected to continue at their present locations for the lifetime of this Plan, although the two post-secondary educational facilities may require expansion within the decade.

The School District is planning a $10-million renovation of L.V. Rogers Secondary School, including an upgrade of its playing fields. This renovation does not require expansion of the site, but depending upon any changes to the school's site plan, may require consideration of future land uses for the gravel pit to the east. This Plan has designated the industrial site as a "SPECIAL DEVELOPMENT AREA", envisioning conversion of the gravel pit lands for residential and public use facilities, primarily.

Nelson aspires to have a degree-granting university once more, as it formerly did, and also a new college or school of the arts. Certainly, Fairview appears to be an appropriate location for such major education facilities, given Fairview's capacity for accommodating large-scale sites within its Endowment Lands, or as part of the converted gravel pit area. Furthermore, the existing education facilities, CIC and the NUC, are already located within the Endowment Lands, so that further clustering of education facilities in this area could enable sharing of amenities such as parking areas, green/open space areas, exhibition/gallery/theatre facilities, university bookstores, student housing, cafeterias and other amenities which serve students and staff, and are regularly found within a campus setting.

Certainly, the local community supports the growth of education and cultural facilities in its area, as uses which enrich the community, provide jobs, and generally act as "good neighbours" to residential uses.

3.4 Industrial

POLICY #10

No new industrial activity will be accommodated within Fairview.

POLICY #11

a) The gravel pit lands are to be converted to non-industrial uses, as soon as is feasible. These lands are designated as a "SPECIAL DEVELOPMENT AREA" on the Land Use Map (Schedule G), and intended uses for this area are housing and education or community use facilities.

b) The gravel pit lands, as they redevelop, will provide for linkages to any pedestrian/cycling trail system to be developed in the vicinity.

DISCUSSION

Fairview has two industrial areas: the gravel pit, and the derelict industrial lands which used to be the Kootenay Forest Products (KFP) site. (The portion of the former KFP site which occurs north of the CPR rail line is dealt with in the "Waterfront Area Plan - Schedule D".)

Generally, the community wishes to convert its industrial lands for non-industrial uses that are perceived as more compatible with a residential neighbourhood. Because the gravel pit is a more isolated industrial site that is surrounded by existing public and residential uses, and furthermore because it generates off-site impacts (particularly truck traffic) which affect the larger community, Fairview sees conversion of this site to a non-industrial use as a priority. Because the gravel pit area lies between two areas of public use, and because it is bounded by the BNR line which this Plan envisions as a linear park or trail system, this industrial site is more appropriate for residential and public use land uses.

The industrial lands adjacent to the CPR line were used for heavy industry by Kootenay Forest Products, but are now derelict. The site is relatively flat, and contains several abandoned structures on it. The railway which transects the old KFP site is a false boundary, and the section of land south of the rail line is best considered as integrated with the land uses envisioned for the waterfront portion of the KFP lands. Therefore, the Fairview industrial area abutting the CPR is designated as a "SPECIAL DEVELOPMENT AREA", as is the waterfront portion, and a mix of residential, public use and open space uses are appropriate for this area.

POLICY #12

Prior to redevelopment of industrial lands, the City will ensure that the sites will be "cleaned up", or reconfigured in topography if required. Collaboration with the appropriate Provincial government departments/agencies will assist the City in determining the need for cleansing of sites (including waterlots) prior to redevelopment.

DISCUSSION

Both the former KFP site and the existing gravel pit may contain contaminants or have altered the topography of the site in a manner which may pose risks to public health and safety, and to the environment. As with former landfill sites, for example, geotechnical and environmental reviews of these sites are required if they are to be redeveloped for any uses other than undeveloped part or open space.

3.5 Parks and Recreation

POLICY #13

No new major park space has been identified for Fairview. As new development occurs, the City will acquire parkland, or money in lieu of, during subdivision. Location of such park space is to be determined at the time, using criteria related to proximity to multi-family housing, and to major public use facilities.

DISCUSSION

Fairview has only one formal park (Queen Elizabeth Park) at Cottonwood and Fourth, but the community's green space is augmented by the playing fields of both Hume School and the L.V. Rogers School, the open spaces of the CIC campus, the proximity of Lakeside Park, and the general "green" factor of Fairview's many private gardens. The community does not therefore see itself in need of more greenspace during the lifetime of this Plan, but instead has identified the need for a new recreation facility to provide for a number of indoor recreation activities. As stated in Policy #13, the City will respond to new recreational needs as they arise, and the City will consider the following criteria for a new recreation centre:

a) that the site is located adjacent to parkland or school playing fields, if possible;

b) that the site possesses access to a pedestrian/cycling pathway, and lies within 400 ft. of a bus route, if possible; and

c) that the facility is developed in conjunction with new post-secondary education facilities, if possible. Auxiliary services for a recreation centre such as outdoor playing fields, parking, and restaurant services can therefore be shared between facilities.

POLICY #14

The City will acquire lands within the BNR rail line right-of-way when possible, and collaborate with the Central Kootenay Regional District in developing a linear park within this right-of-way.

POLICY #15

The City will ensure that the areas of Fairview designated as a "SPECIAL DEVELOPMENT AREA" (see Schedule G) include land committed for park and open space. Such open space on the former KFP site will provide for pedestrian/cycling

linkages to the trailway system along the BNR right-of-way, when developed.

DISCUSSION

Fairview residents support the concept of a linear park or pedestrian/cycling trail system along the BNR right-of-way, should the city have an opportunity to acquire the land. Also, the concept of continuous public access along the waterfront, and several pedestrian links to this pathway from Fairview has great favour in the community. Development of these two trail systems is a priority in parks and recreation planning for Fairview.

Not only trailways, but contiguous open spaces, particularly in upper Fairview, are a goal. In keeping with the manner in which Fairview's private backyard gardens have collectively provided a flow of greenspace throughout the community, so too the larger public use or new residential areas along the eastern boundary can provide a series of green or open spaces that might flow into one another. Although these spaces would not be public in the sense that they could not be used for public recreation purposes, they nevertheless could provide users of the site (students at CIC/NUC or visitors/patients at Mt. St. Francis Hospital) with a visual green link between properties. Establishing this green meandering corridor between properties means that on built sites such as CIC/NUC and the hospital, redevelopment or new building on the sites would require attempting to align buildings and open spaces so that neighbouring open spaces could link up, if possible. For sites that are not yet redeveloped for neigh-bourhoodses (the gravel pit area), planning for the housing or new education fac-ilities in this area would similarly take location of open spaces into account in site design.

3.6 Roads and Circulation

POLICY #16

Within the lifetime of this Plan, the following are major features of the local Road Network Plan:

¨ Trevor Street will be extended from Gyro Park to provide access to upper Fairview by means of an alignment which generally passes south of L.V. Rogers School and the existing gravel pit to link up with Tenth Street;

¨ Anderson Street and Nelson Avenue will remain major roads;

¨ Fifth Street will remain a major collector road through the neighbourhood;

¨ Davies and Gordon Streets will remain major east-west collectors in the neighbourhood;

¨ Tenth Street is proposed to be extended south and west to link up with both Davies Street and the new Trevor Street extension;

¨ Fourth Street or Fifth Street off Gordon will provide the gateway entrance to the East Waterfront.

POLICY #17

Anderson Street and Nelson Avenue will remain major City roads, but because they form part of the Provincial Highway, the City will endeavour to reduce the amount of local traffic on them, by providing alternative cross-City routes (i.e. Douglas and Trevor Street).

POLICY #18

As a means of improving pedestrian linkages between upper Fairview and Lakeside Park, the City will collaborate with the Ministry of Transportation and Highways with respect to the sequencing of pedestrian crossings of Highway 3A.

POLICY #19

The City will acquire the BNR rail line right-of-way, if possible, and as part of the linear park proposed there, will develop a pedestrian/cycling trail system along its length. This trail system will be designed so as to provide for links to the Waterfront lands, wherever possible.

DISCUSSION

Within the lifetime of this Plan, there are four transportation issues which are likely to dominate in Fairview. They are the proposed four-laning of Highway 3A; the potential acquisition and development of the BNR right-of-way; the development of a pedestrian and cycling trail system to the Waterfront lands as the former KFP site is redeveloped; and the proposed extension of Trevor Street through to Tenth Street. (Fairview residents have identified road and sidewalk improvement as a top priority, but policies related to road maintenance are not within the scope of an O.C.P.)

Generally there is little neighbourhood support for the upgrading of Highway 3A through Nelson. Upgrading the Highway to four lanes is expected to increase the volume and speed of through-traffic through Nelson. Fairview is particularly affected as the Highway passes through a residential neighbourhood whose land use and circulation network is not designed to accommodate the potential impacts of a Provincial Highway of four-lane status.

Front and Anderson Streets as well as Nelson Avenue are located in residential neighbourhoods, and are flanked by some local commercial uses and relatively low-density housing. Increased traffic, and in particular increased truck traffic, through these areas would likely pose noise and safety problems for adjacent residents. For the most part, housing along Nelson Street, for example, is in good repair and indeed some of it is considered of heritage value. Up-grading the Highway would put in-creased redevelopment pressure along the alignment.

With respect to the Trevor Street -- Tenth Street link, some Fairview residents are generally leery of its benefits. Although residents of both Gyro Park and Fairview concede the convenience of the Trevor Street extension in providing for faster "cross-town" travel, people living near the proposed extension in both communities feel the benefits of five or ten minutes' travel time saved do not outweigh the disadvantages of negative impacts upon local communities.

Fourth and Fifth Streets have both been identified as options for the "gateway" to the East Waterfront. Fifth Street is an existing major road which acts as a collector for Fairview, and also links up with Douglas Road as part of a cross-City route. However at present it does not provide direct access to the KFP site as does Fourth Avenue.

3.7 Development Permits

POLICY #20

All commercial and residential development of two (2) or more dwelling units will require a development permit. See Section 3.0 of the Overall Plan for design guidelines.

3.8 Infrastructure

POLICY #21

To accommodate future lands in the land use pattern as provided for in this Plan, the following improvements to the City's engineering services will be provided as follows:

Water:

Maintain and improve water supply to the area, as follows:

¨ additional watermains in Fairview to alleviate unsatisfactory conditions during peak flows;

¨ rehabilitation of Hume Creek Pressure Reducing Station;

¨ undertake site specific investigations for potential developments above Eighth Street and the old KFP site south of the railway.

Sanitary Sewer:

Specific analysis of the impact of all new apartments, major developments and land uses above Eighth Street is required to determine works required.

Other Services:

See Section 4.0 of the Overall Plan.

DISCUSSION

The Plan for Fairview includes new development and redevelopment which will have an impact upon the existing water, sanitary sewer and storm drainage systems. The changes in land use above Eighth Street pose the most concern. However, in general terms, all commercial, multi-family and major community facilities in the area will require specific consideration.

Water: The elevation and location of the proposed land uses in Upper Fairview (Zone 3) will necessitate specific consideration of the ability of the water utility to supply ade-quate pressure and quantity during anticipated flow conditions. Water supply to the area west of Nelson Avenue is located in pressure Zone 4. The general supply to this area should be adequate for nominal redevelopment assuming the improvements required for the Downtown water supply are completed.

Sanitary Sewer: The Fairview system is the route for most of the sanitary sewage from the Gyro Park area. Observations indicate that the system in the Fairview area is in a condition similar to the Gyro Park area.

Storm Drainage: In addition to Anderson Creek, there are four outfalls through which Fairview storm drainage is routed. East of Nelson Avenue the terrain slopes steeply making storm water management difficult. West of Nelson Avenue the grade is flatter but the storm routes must be capable of passing flows from the upper area to the east.

Additionally, the system must accommodate the drainage entering the area from above the BNR right-of-way. Any increase in development in the area will have a negative impact on the existing system.

3.9 Environment/Natural Hazards

POLICY #22

As designated on Schedule J, areas of environmental sensitivity or potential natural hazard in Fairview are the slopes and the watercourse for Anderson Creek. Any new development within these areas may be subject to certain restrictions in order to prevent the creation of hazard, putting people at risk.

DISCUSSION

Potential for slope erosion and stability of the Anderson Creek Channel are of concern in Fairview. These slopes are also areas of aesthetic amenity as they provide the backdrop for the community.

POLICY #23

As required in Policy #12 of this Area Plan, prior to redevelopment of the former KFP site and the existing gravel pit, the City will require the property owner(s) to clean, or remedy the topography of the site to the satisfaction of the provincial Ministries of Environment, and of Health.