Striîther SPECTAL (OPEN) MEETTNG OF COUNCTL WEDNESDAY, AUGUST 4,2010, AT NOON IN COUNCIL CHAMBERS 1027 ALDOUS STREET, SMITHERS, B.C. AGENDA 1 1 2 A CALL TO ORDER APPROVAL OF AGENDA (includinq Supplemental Items) PUBLIC HEARING APPROVAL OF MINUTES BUSINESS ARISING FROM THE MINUTES PETITIONS AND DELEGATIONS COUNCIL REPORTS 6-5 COUNCILLOR NORTHRUP 6-5-1 Minutes of the Advisory Planning Commission held August 3,2010. 7A. STAFF (A) REPORTS 7A-1 Report DEV 10-077 dated August 3, 2010, from A. Walker, Planner, recommending amendment of Development Permit Application D10-03 for 3B4B Seventh Avenue (Howard) (3020/D10-03). 3. 4. 5. 6. 7B 8. 9. 10. 11. 12. STAFF (B) REPORTS BYLAWS CORRESPONDENCE (A) ITEMS CORRESPONDENCE (B) ITEMS . RECEIVE AND REPLY CORRESPONDENCE (B) ITEMS - RECEIVE FOR INFORMATION CORRESPONDENCE (C) ITEMS
Transcript
StriîtherSPECTAL (OPEN) MEETTNG OF COUNCTL
WEDNESDAY, AUGUST 4,2010, AT NOON
IN COUNCIL CHAMBERS
1027 ALDOUS STREET, SMITHERS, B.C.
AGENDA
1
1
2
A
CALL TO ORDER
APPROVAL OF AGENDA (includinq Supplemental Items)
PUBLIC HEARING
APPROVAL OF MINUTES
BUSINESS ARISING FROM THE MINUTES
PETITIONS AND DELEGATIONS
COUNCIL REPORTS
6-5 COUNCILLOR NORTHRUP
6-5-1 Minutes of the Advisory Planning Commission held August 3,2010.
7A. STAFF (A) REPORTS
7A-1 Report DEV 10-077 dated August 3, 2010, from A. Walker, Planner,recommending amendment of Development Permit Application D10-03 for3B4B Seventh Avenue (Howard) (3020/D10-03).
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7B
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12.
STAFF (B) REPORTS
BYLAWS
CORRESPONDENCE (A) ITEMS
CORRESPONDENCE (B) ITEMS . RECEIVE AND REPLY
CORRESPONDENCE (B) ITEMS - RECEIVE FOR INFORMATION
CORRESPONDENCE (C) ITEMS
Agenda of the Special (Open) Meeting of Council being held August 4, 2010Pa e2
13.
14.
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17.
CORRESPONDENCE (D) ITEMS
SUPPLEMENTAL ITEMS APPROVED FOR DISCUSSION
OTHER/N BUSINESS
PUBLIC QUE N PERIOD
NOTICE OF SPE L IIN.CAMERA) MEETINGIS) OF NCIL PURSUANT
Recordinq Secretarv:Dorothy Cardinal, Development Services Clerk
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CALL TO ORDER
B. Mitchell called the meeting to order at 12:08 p.m
DELEGATIONS
Steve and lrene Howard made a presentation to the Commissionregarding Development Permit Application D10-03 for the propertylocated at 3848 Seventh Avenue. Since they attended the July 19'n
Advisory Planning Commission meeting, changes have been made to thesite plan for the new 4-unit strata building. S. Howard explained that theoriginal plan was going to require widening and paving the lane, whichproved to be cost prohibitive. The new site plan flips the buildings 180degrees and instead of facing Seventh Avenue, the buildings will havemore private space and face the rear lane. Access would be fromSeventh Avenue instead of the rear lane. Commission membersquestioned the view from the units, the extension of Seventh Avenue andcommented on the more private courtyard. Steve and lrene felt that thebuilding would still be attractive with landscaping in the front and theprivate rear courtyard. They added that they have hired a designer todesign a façade on the carport walls. There were no other questions forSteve and lrene Howard and the meeting continued in their presence.
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Minutes of the Advisory Planning Commission meetingheld in the Town Office, 1027 Aldous Street, Smithers, B.C
on Tuesday, Auqust 3'd,2010, at noonPage 2
3 MINUTES
3-1 SGT. K. MARSHALL/THAT the minutes of the Advisory Planning Commission meeting held July1gth,2010 be approved, as circulated.
CARRIED UNANIMOUSLY.
4. BUSINESS ARISING FROM THE INUTES/UNFINISH ED BUSINESS
5
4-1 None.
REPORTS / PONDENCE
B. GARNER/THAT the report DEV10-075 be received.
CARRIED UNANIMOUSLY.
Report DEV10-075 from A. Walker, Planner, regarding DevelopmentPermit Application D10-03 for 3848 Seventh Avenue.
A. Walker reviewed the changes to the Development Permit application.She advised that Staffls recommendation now requires Seventh Avenue tobe extended and requires garbage screening as before. Commissionmembers questioned lane access for fire trucks, the lack of naturalsurveillance on Central Park and whether a variance would be needed forthe rear yard setback. Staff advised the Commission that the rear lanewould be the standard 16 ft. width and that Council may issue aDevelopment Permit that varies a zoning regulation.
GARNER/THAT Gouncil approve the Development Permit application D10-03 forthe propefi loeated at 3848 Seventh Avenue, provided that:
. There is garbage screening;
. The extension of Seventh Avenue is constructed to Townstandards and;
o There is a minimum setback of 4 metres from the rear lane.CARRIED UNANIMOUSLY.
Steve and lrene Howard exited the meeting at 12:27 p.m
A ITEMS
5-1
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Minutes of the Advisory Planning Commission meetingheld in the Town Office, 1027 Aldous Street, Smithers, B.C.
on Tuesday, August 3'd, 2010, at noonPage 3
6.
B ITEMSSGT. K. MARSHALL/THAT the following 'B' ltems be accepted for information as received
5-2 Report DEV10-062 from M. Allen, Director of Development Services,regarding Development Services Department Report for June, 2010.
5-3 Lette¡'dated July 28th, 2010, from Mayor Farrow to Harley Lychak regardinghis resignatíon from the Advisory Planning Commission.
6-1 None.
UPDATE FROM COUNCIL
7-1 Councillor Northrup provided an update from Council. He advised thatCouncil approved a 3-year Temporary Use Permit for lnnovation Foods at3439 Fulton Avenue. The display and sales of processed foods and otherproduction from the training centre is restricted to 30o/o of the squarefootage per business license. Councillor Northrup advised that the Mayorconfirmed that the public can speak on an applications at Advisory PlanningCommission and Gouncil meetings, even if not listed as a delegation.Regarding Development Permit Amendment application for 3847 ThirdAvenue, Councillor Northrup advised that the application was approvedprovided that all 4 parking spaces are on site. He added that Council hasrequested Staff to prepare an amendment to the Zoning Bylaw to capturethe íntent, if there is space on the property for parking, there will be no cashin lieu option.
The Commission questioned what will happen when the 3-year TemporaryUse Permit expires and D. Sargent replied that the current Council of theday will make a decision. She added that the Temporary Use Permit wifl beissued according to the floor plan and the list of uses provided by theapplicant.
Minutes of the Advisory Planning Commission meetingheld in the Town Office, 1027 Aldous Street, Smithers, B.C.
on Tuesday, August 3'd, 2010, at noonPage 4
10. ADJOURNMENT
MOVEDB. Mitchell adjourned the meeting was adjourned at 12:40 p.m.
CARRIED UNANIMOUSLY
Bob MitchellChairperson
DS/dc
Alison WalkerPlanner
Certified a True and Correct Gopy of the minutesof the Advisory Planning Commission meeting heldAugust 3'o, 2010 at noon in the Town Office at1Q27 Aldous Street, Smithers, B.C.
Deborah SargentCorporate Ad mi n istrator
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REPORT TO COUNCIL
DATE: August 3'd,2o1o REP9RT: DEV10-077
FROM: Alison Walker, Planner FILE: 3020-201D10-03
SUBJECT: Development Permit Application for 3848 Seventh Avenue
RECOMMENDATION:
THAT Council amend Development Permit Application D10-03 (as per the new site
plan) for the property located at 3848 Seventh Avenue, provided that:
. There is garbage screening;
. The extension of Seventh Avenue is constructed to Town standards;
. There is a minimum rear yard setback of 4m.
BACKGROUND:
-unit strata development located at14th (see attached). The originalthe July 1gth APC meeting. At the
ed the development permit but expressedconcerns on the lane access effect on the adjacent commercial property. Councildirected Staff to meet with the applicant and the adjacent commercial property ownerto revisit the site access and layout plan. The attached site plan is a revision to theoverall site layout and design.
The subject property is 1,493.5m2(16,076ft2) in size and is currently vacant. Adjacentland uses are residential, public use (Central Park, Fire Hall), and commercial (Stork'sNest fnn) in nature.
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Agen Date: August 4tn,2o1Oln-Cam Date:Agenda Placement: Staff 'A' RePortsOther:
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Special (Open) Meeting Page 2 Report: DEV-077
The subject property is designated as Downtown Commercial and Single FamilyResidential in the OCP and zoned R-2 Low Density Residential. The property is alsolocated in the Form & Character Development Permit Area, which applies to multi-family developments.
DISCUSSION:
The revised site plan retains many elements of the original plan in terms oflandscaping, overall buildíng scheme and drainage. Main differences include:
Parking is located off of Seventh Avenue rather than the lane. As primaryaccess if now from Seventh Avenue, upgrading the lane is not needed.Fwfanrlinn Qor¡onfh Arran¡ro ic chnrl¡n nn fha narn¡ nlanr vr r (r ¡v r rvYY yrsl r.
The landscaped coudyard is located at the rear of the properly rather than thefront.
Staff recommend that the extension of Seventh Avenue is constructed to townstandards.
Form & Character
Elements of the form & character development permit guidelines have beenintegrated as follows:
Materials - Building siding is an appropriate combination of hardy board andwood in suitable earth tones.Sca/e & massing - The scale and massing (size and bulk) of the developmentis broken up by the various building heights and entrances to create variationand visual interest.Landscaping - The site plan indicates landscaping in the front of the propertyas well as a landscaped courtyard in the rear of the property. This provides acommon area for residents and a natural division from public to private space.
To help keep the area tidy, Staff recommend that garbage screening is provided
Zoninq
Off-street parking requirements for residential units (classified as townhomes in theZoning Bylaw) are 1.5 space per dwelling unit. The required 6 parking spaces areprovided for in the site plan. The Zoning Bylaw does not have standards for paving,lighting, or landscaping for parking areas of multi-family residential projects inresidential zones.
The revised site plan meets front and síde yard setback requirements, but not the rearyard setback requirement of 6m (site plan shows 4.53m and the applicant hasindicated that up to 4m is desired). There are also bay windows projecting onto the
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Special (Open) Meeting Page 3 Report: DEV-077
rear yard, which the Zoning Bylaw contains allowances to reduce setbacks by 0.6m toaccommodate such features. Two patios, constructed from pavíng stones or concreteare also located in the rear yard. Permitting this setback reduction helps retain many
of positive features of this development, such as the landscaped buffer from CentralPark.
Based on the above, staff recommend that the Development Permit be approved.
The Advisory Planning Commission reviewed this application at its August 3'd meetingand made the following motion:
MOVED
THAT Council approve Development Permit Application D10-03 for the propertyIocated at 3848 Seventh Avenue, provided that:
. There is garbage screening;
. The extension of Seventh Avenue is constructed to Town standards;
. There is a minimum setback of 4m from the rear lane.
CARRIED UNANIMOUSLY.
OPTIONS:
1. Request changes to the Development Permit;
2. Deny the Development Permit.
Respectfully submitted by Submission approved by:
Sargent, IPAlison Walker, M.PlanPlanner
AWAttachment: Application, subject property map, photos, draft permitn:\development 2010\d10-03 howardVeport to council d10-03 - aug 4.doc
DeboChief cer (CAO)m
-7A- r- C-
Sfbwn of o
therm1 PO Box 879, 1027 Aldous Stree¡ Smithers, BC VOJ 2N0
Teleohone 1250) 847-1600 Fax 1250) 847-1601
DEVELOPMENT PERMIT APPLIGATION
your personal information is maintained in accordance with fhe Freedom of lnformation and Protectlon of Privacy AcL lt
you näve any questions regarding the use of your personal information, please call the Director of corporate services for
the Town of Smithers, 250-847-1600.
SMITHEßSApplication Date:
Fee Paid:
Construction value > $50,000.00 = $300.00 ConstructÌon value < $50,000.00 = 8200-00
The Development Permit is issued in accordance with the requirements of Section 875
and 920, Par126, of the Local GovernmentAct;
APPLICANT: Stephen Howard OWNER: SIHO lnvestments lnc4454 Tyhee Lake Road Box 536Telkwa, BC Smithers, BC VOJ 2N0
LEGAL DESCRIPTION: Lot 1 District Lot 865 Range 5 Coast District PlanEPP8207
PARCEL IDENTIFIER:
CIVIC ADDRESS:
(the "Lands")
028-273-982
3848 Seventh Avenue
1. This Development Permit is issued pursuant to and in accordance with theapplicable bylaws of the Town of Smithers and is issued subject to compliance with
all of the bylaws of the Town of Smithers, except as varied or supplemented by thisPermit.
2. The following terms and conditions shall apply to the Lands:
2-1 The development must be completed in compliance with the plans attachedhereto and forming part of this development permit.
2-2 Garbage screening is provided.2-3 The extension of Seventh Avenue is constructed to Town standards.2-4 There is a minimum rear yard setback of 4m.
3. The Permittee shall obtain from any purchaser of the Permittee's interest in theLands, or portion thereof, an agreement to be bound by the terms of this
development permit, and until such time as the purchaser agrees to be so bound, all
obligations imposed on the Permittee under this Development Permit shall remain
the obligation of the Permittee.
4. This Permit does not constitute subdivision approval or a building permit and does
not entitle the Permittee to undertake any work without the necessary approvals orpermits. All works must be constructed in accordance with engineering plans andspecifications acceptable to the Director of Development Services; and buildings andstructures can only be constructed in accordance with a building permit issued by
the Building lnspector.
5. lf a building permit for the development permitted by this Permit has not been issuedand construction substantially commenced within two years after the date of theCouncil resolution authorizing this Permit, this Permit shall lapse.
7n-{-KPage 2
6. Notice of this Permit shall be filed with the Land Titles Office under Section 927 ofthe Local Government Act, and upon such filing, the terms of this DevelopmentPermit shall be binding upon all persons who acquire an interest in the land affectedby the Development Permit.
7. As a condition of the issuance of this Permit, the Town of Smithers shall be providedwith Security in the amount of Twenty Thousand dollars ($20,000), in the form ofcash, ceftified cheque, or lrrevocable Letter of Credit acceptable to the Town, toguarantee the construction of Seventh Avenue included ín this Permit. Should anyinterest be earned upon the Security, it shall accrue to the Owner and be paid to theOwner if the Security is returned.
The condition of the posting of the Security is that should the Owner fail to carry outfho ¡larralnnmanf haralrrr atÉJ¡ariza{ o¡¡nrÀina {a fJra {armo an¡l aan¡{i{iana nf thiarrrv vvYvrvyrrrvrrr rrvrvvJ qutrrvrr4vv, qvvvtvtttv !v ftt9 fgttttù qttv vvttutLtvttù vt ltttùPermit, the Municipality may use the Security to carry out the work by its servants,agents, or contractors, and any surplus shall be paid over to the Owner, or shouldthe Owner carry out the development permitted by this Permit within the time set outabove, the Security shall be returned to the Owner. ln the event that the deposit isinsufficient to cover the costs of the Municipality completing the work provided for inthe Permit, that Owner shall reimburse the Municipality for all the additional costswithin thirty (30) days of being invoiced for the additional costs.
AUTHORIZING RESOLUTION PASSED by the Town of Smithers Council thisof 2010.
THE TERMS AND CONDITIONS UPON WHICH THIS PERMIT IS ISSUED AREHEREBY ACKNOWLEDGED.
Stephen Howard
THIS PERMIT IS ISSUED ON: ,2 010
The Corporate Seal of the TOWN OFSMITHERS was hereunto affixed inthe presence of:
Cress Farrow, Mayor Deborah SargentCorporate Administrator
