Document Number: 220107
STAFF REPORT TO COUNCIL PLANNING AND DEVELOPMENT 1100 Patricia Boulevard, Prince George, B.C., V2L 3V9
DATE: January 4 2011
TO: MAYOR AND COUNCIL FROM: CHRISTIE BASALLE, PLANNER SUBJECT: Development Variance Permit Application No. VP100248 to vary the requirement
for Portland Cement Concrete Sidewalks along Kinsmen Place and 5th
Avenue, as required under Table 1, Section 7.3 of the City of Prince George Subdivision and Development Servicing Bylaw No. 7652, 2004 Applicant: Charles Maddison – Boni Maddison Architects Location: 760 Kinsmen Place
ATTACHMENT(S): - Development Variance Permit VP100248
- Location & Existing Zoning Plan - Exhibit “A” to VP100248
PURPOSE:
The applicant has applied for a building permit to construct a 3 storey commercial and office building at 760 Kinsmen Place. Section 7.3, Table 1 of the Subdivision and Development Servicing Bylaw No. 7652, 2004 requires the installation of concrete cement sidewalks as a condition of building permit approval. The applicant is seeking a variance to waive the requirement for concrete sidewalks where the subject property fronts Kinsmen Place and 5
th Avenue.
Background: Current Use: Vacant Site Area: 0.32 ha OCP Designation: Urban Zoning: C4: Local Commercial Servicing: Full City Services
RECOMMENDATION(S):
1. The Planning and Development Department recommends that Council approve Development Variance Application No. VP100248 for Lot 1, District Lot 937 and 2610, Cariboo Plan BCP40230 to vary Table 1 of Section 7.3 of the City of Prince George Subdivision and Development Servicing Bylaw No. 7652, 2004 as follows:
a. Vary the requirement for Portland Cement Concrete Sidewalks along
Kinsmen Place and 5th
Avenue, as shown on Exhibit ‘A’.
CITY OF
PRINCE GEORGE
Document Number: 220107
Surrounding Land Uses: North: 5
th Avenue & Residential
South: Kinsmen Place, Kinsmen Hall, Park & Residential East: Undeveloped Parcel West: Parking Lot and Fire Hall DISCUSSION: The subject property is located between Kinsmen Place and 5
th Avenue in the Spruceland Neighbourhood.
The applicant has applied for a building permit to construct a 3 story commercial office building, thereby triggering the provision of the following services outlined in the Subdivision and Development Servicing Bylaw:
Asphalt pavement surface;
Curb and gutter boulevard treatment;
Underground electric power distribution, telecommunication and street lighting wiring;
Portland Cement Concrete sidewalks;
Boulevard landscaping
City sewage collection and disposal system;
City storm sewer collection system for the road network; and,
City water distribution and fire hydrant system. The applicant is requesting to waive the off-site requirements for Portland Cement Concrete sidewalks for both Kinsmen Place and 5
th Avenue.
Kinsmen Place The Department believes that the requested variance along Kinsmen Place is acceptable as the current servicing levels in this area would not warrant a sidewalk along the subject property. Kinsmen Place is a cul-de-sac with no existing sidewalks and no residential frontage. Furthermore, on-street parking demand is expected to be limited given that on-site parking will be provided in accordance with zoning bylaw standards. The Department does not anticipate a demand for this service in the future and installing a sidewalk along the frontage of the subject property would result in a disconnected segment. 5
th Avenue
The Department believes that the requested variance along 5th Avenue is also acceptable. The existing
sidewalk along 5th Avenue is constructed of asphalt and does not meet City standards; however the applicant
does not wish to facilitate upgrades. The Pedestrian Network Study (2004) identifies 5th Avenue as a priority
for sidewalks, as it is an arterial road that plays a critical role in facilitating connectivity to surrounding neighbourhoods; however, arguably a comprehensive redevelopment program is more appropriate in this case given the existing pedestrian infrastructure, and limited frontage impacted by this development when compared to the adjacent network. REFERRALS: No concerns were raised as a result of the application referral process. ALTERNATIVES:
1. Approve the permit 2. Approve the permit as amended 3. Refuse the permit 4. Defer or otherwise deal with the application
• • • • • • • •
Document Number: 220107
SUMMARY AND CONCLUSION: The Planning and Development Department recommends that Council approve Development Variance Permit Application No. VP100248 to vary Table 1, Section 7.3 of the Subdivision and Development Servicing Bylaw No. 7652, 2004 with respect to Kinsmen Place and 5
th Avenue for the reasons outlined in this report.
Respectfully submitted:
Christie Basalle Planner Community Planning Division
To: Mayor and Council
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Path: \\Pc631\gisdev\Projects\CurrentPlannningApplications\DVP\VP100248_exhibitA.mxd - 06/01/2012 - 4:50:27 PM
Exhibit "A" to VP100248Lot 1, DL 937 & DL 2610, CD BCP40230 Geographic Information Systems Group
Coordinate System: NAD 1983 UTM Zone 10NProjection: Transverse Mercator
Datum: North American 1983
Variance Area
Subject Property
Parcel
²
Vary requirement for construction of Portland Cement Concrete sidewalk
i CITY OFPRINCE GEORGE I
* DEVELOPMENT VARIAN CE APPLICATION f .
Current Planning & De\'elopment Division
Date of Application: oc.-r :u2 I 1-C I I Date Complete Application Receivl: Oc... T 20 /4 1
I
File Number: VP \00.2.4B
Fee Collected: jtg&;.00
Application Fee (available payment options: cash, cheque, debit, MasterCard or Visa)
Zoning Bylaw: one variance to AF, AR, RS, RT regulations.
Zoning Bylaw: 2 or more variances to AF, AR, RS, RT regulations or for a variance to other zones
D $220 + D $330 Notification
D $550 + D $330 Notification
Subdivision and Development Servicing Bylaw No. 7652 or Manufactured Home Park Bylaw No. 6091 variance
Sign Bylaw No. 7202 variance
}?($550 +){$330 Notification
D $330 + D $330 Notification
Applicant Information (Owner or Agent as applicable)
Applicant's Name: C H~LE"S M-A-o I) l~o,-.t r,,A IS~ Corporation (t( applicable): e,o,_,.l • MAt>rH:St:>f' fr{lcl--f ..-FC:t$ Address: .3732.- W . 6 ~Wth1
7 Yfh.Jl'o"-"~Postal Code: Vl:,(2 'ZC..I
Telephone: Business: l,o 4- '2i! -S'l:H'f Home: _________ _ Fax: l,o<-1- G,g',5- S8~ Email: U')4rl •e~bc,o; ~Qdd. i~.c.orn
Property Information
Civic Address: ____ 1----=C?~Q"--~(c~JN~~~V!\eN~'-'--"--__,__f"__._t,AC,---'--"'"'-E;=--- -----------Legal Description(s): _Lo~T_(-+)-D~L._c:=,~3"-,-"-J+---'12"'-=~'-z./,p=---'-'----'o=------------Parcel ldentifier(s): __ e_e,~f~A_o_'2..~3~o--,--------.--------------Existing Zoning: C 4 '. l-oc:.a.-{ Co v 11 fY) Q.rd, :;J This application is to vary:
a) Section(s) f . 3 ( Table, 1) of Bylaw No. 1{o5,) 1
200!.( b) Section(s) ______________ of Bylaw No. _______ _
Description of Proposed Variance (attach maps, plans and documents in support of application where New applicable): WE: WotJl-.P i:%-Q\.\.f:5T A Vflg1/bl,lt -r'o D-€'C..S1E 1N9, (z)IJ.C-~
5\PEwAJ.k., 'ON \CJN.51'>\EN, PU::C€ ~p :fr\E' 12,ef'.LAuFmfN:I Df ASPHAvT ~tQt!A)A:YC~ wrr:H CD~E 6 ID:fWA:UC:S ON Fl~:J:!:1 NE,
Current Title Search: Site Profile: ~100:x,S Supporting Letters: Survey Certificate (if applicable):~ Appointment of Agent (if applicable):~
Document Number: 186344
DECLARATION
TO: CITY OF PRINCE GEORGE
I/WE, _ _ C_-H_/W-_ ~_s __ M_Pr_o_o_1.t.._t>,..J_, _ fn_A_\J>_(,,,, _______ _ (Applicant)
DO HEREBY declare that I/we have read the attached documents, information and drawings and that they are true and correct to the best of my knowledge and belief. Further, I/we do hereby agree to submit further documents, information and drawings to assist in the consideration of the application, as determined by the City of Prince George. Further, this statement is made with the knowledge that misrepresentation or failure to disclose, or failure to submit the appropriate application fee, may be deemed sufficient cause for the rejection by the City of Prince George of any application. Further, I am aware that later discovery of an omission or misrepresentation made in the attached statements, documents, information and drawings may be grounds for a determination of ineligibility or revocation of any future license, permit or approval that may be granted;
AND I/WE HEREBY acknowledge that if the City of Prince George grants a license, permit or approval, it will be granted only to the person(s) named in the application, or to the private corporation containing the principal shareholders and executive officers named in the application, or to the public corporation or society containing the executive officers named in the application;
AND I/WE HEREBY acknowledge that all documents, information, and drawings submitted with the application become part of the City's records, and are subject to the Freedom of Information and Protection of Privacy Act, and will be used for the purpose of considering the application, and may be published in Council's public agenda. All personal information is collected under the authority of the City of Prince George Development Procedures Bylaw No. 7635, 2005. Questions should be directed to: City of Prince George, Freedom of Information and Protection of Privacy Coordinator, 1100 Patricia Boulevard, Prince George, B.C. , V2L 3V9, (250) 561-7600;
Further, I/we do hereby voluntarily submitting this declaration with full knowledge.
ApBJicant Signature I
~ol/ Date Signed
City of Prince George, I I 00 Patricia Boulevard, Prince George, BC V2L 3V9 Telephone (250) 561-7611 Fax. (250) 561 -7721 Email: ServiceCentr~(a,city.pg.bc.ca Website: www.city.pg.bc.ca
2
r --APPOINTMENT OF AGENT
TO: CITY OF PRINCE GEORGE DE\,'- -~.-:· . .... .. ~--·. /lC!:.J
(Full name(s) of all registered owner(s) as shown on title to the lands)
the undersigned, being the registered owner(s) in fee simple of the following lands:
Parcel ldentifier(s) : L..-o,- I l Pl.Av-J f;c.,f"4(J Z...3 0 J ,PL q3 7>
tzLz.~io
Civic Address: -J C?O IC, N-$vn £:N PlA4-c E
Legal Description:
DO HEREBY APPOINT AND AUTHORIZE:
C 1-t:':h?--lrS fY\-A {) j)\ ~o,-.J Bo N J ., rflA-op JSON MfH lltlTS, of 7 (Name of Agent)
31? 2 - W e:~--r "f;,f:,oA"P W Vtt1 . V lnJCeM..\/ .f£ 1
B.G. \/ (qE-, U::.l (Address of Agent)
TO ACT AS MY/OUR AGENT and to act on my/our behalf with respect to all matters related to the following application(s) to the City of Prince George in connection with the above lands, including without limitation, to sign and file the application(s), to negotiate with officials and employees of the City, to enter into agreements and approve of conditions with respect to the application(s), and to represent and make submissions on behalf of the undersigned to City Council:
Application(s): p 0/t; Lo em EN-r" Yfl1-1MC.E Mf'L-lcm l~
AND I/WE HEREBY ratify, confirm and adopt as my/our own, the acts, representations, replies, agreements and commitments made on my/our behalf by the above named agent;
AND I/WE HEREBY declare that l/we have verified that all the information contained within this document and contained within all of the documents and plans submitted in support of the above listed application(s) are true and correct in all respects;
AND IN CONSIDERATION OF the sum of $1.00 now paid by the City to the undersigned, and other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged by the undersigned) , each of the undersigned hereby
Doc. 147828_v1 Rev. Jan, 2010
covenants and agrees to indemnify and save harmless the City of Prince George, its elected and appointed officials, employees and agents from and against all claims, liabilities, losses, costs and expenses of every nature whatsoever, in respect of anything done or not done by either the above named agent of the undersigned in connection with the above application(s), including without limitation the failure to comply with any and all agreements, conditions or other commitments, of the failure to obseNe any applicable bylaws, acts or regulations. This covenant will suNive the expiry or termination of this appointment of agent, and is in addition to, and shall not prejudice, any other right or remedies of the City of Prince George.
this 1':l day of ocroe.rn J 20_\_\_ .
IF REGl:T~ED OWNERS ARE INDIVIDUALS, USE THIS SIGNING BLOCK:
~NW,./ ldi~~ vJestmoW\t Ovei . Signature Address
Printed Name 'P~ncl &ar~e I g6 V2N ~~3
Signature Address
Printed Name
IF THE REGISTERED OWNER IS A CORPORATION, USE THIS SIGNING BLOCK:
D~Sl04 \ E>v L--t> (Name of Company as shown on the title to the lands)
by its authorized signatory(ies):
~~~ Signature
(cL,e>i~ WeS~W\1 we~ . Address
Printed Name Vr\f\Ll Gto11 I ()G V2-N ~e..3
Signature Address
Printed Name
I/we have authority to bind the company.
Doc: 147828_v1 Rev Jan. 2010
Document Number: 220352
DEVELOPMENT VARIANCE PERMIT NO. VP100248 1) This Development Variance Permit is issued to: Name: 0851041 B.C. Ltd., Inc. No. BC0851041 Address: 6696 Westmount Crescent Prince George, British Columbia V2N 6R3 2) This Development Variance Permit applies to: Address: 760 Kinsmen Place
Legal description: Lot 1, DL 937 & 2610, Cariboo District BCP40230 PID: 027-840-921
3) This permit is issued subject to compliance with all of the Bylaws of the City of Prince George applicable thereto, except as specifically varied by this permit.
4) This permit varies Table 1, Section 7.3 of the City of Prince George Subdivision and Development Servicing Bylaw No. 7652, 2004 as follows:
a) Vary the requirement for Portland Cement Concrete Sidewalk along Kinsmen Place and 5th Avenue; and,
b) The variance applies only to the provision of a sidewalk as shown on Exhibit “A”.
5) If a Building Permit for the development permitted by this permit has not been issued and
construction substantially commenced within two years after the date of this permit’s issuance, this permit shall lapse.
6) This Development Variance Permit is not a Building Permit. Authorizing resolution passed by Mayor and Council on ____ day of __________, 201_ Issuance date:________________ Authorizing Signature: __________________
i CITY OF PRINCE GEORGE