CITY OF DUNCAN. Agenda Public Hearing Meeting Monday, September 14, 6:45 p.m. Council Chambers, City Hall, 200 Craig Street, Duncan, BC

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1 Page 1 of 28 CITY OF DUNCAN Agenda Public Hearing Meeting Monday, September 14, 6:45 p.m. Council Chambers, City Hall, 200 Craig Street, Duncan, BC 1. Mayor - Calls the Public Hearing to order for "Land Use Contract Discharge Bylaw No. 3144, 2015" 2. Mayor - outlines the public hearing process 3. Planner - describes the proposed Land Use Discharge Bylaw Page # 3.1. Bylaw No Land Use Contract Discharge Festubert St DOCS - introduces any correspondence received on the proposed Land Use Discharge Bylaw 5. Mayor - invites those in attendance to present their view (1st time) 6. Mayor - invites those in attendance to present their view (2nd time) 7. Mayor - invites those in attendance to present their view (3rd time) 8. Mayor - declares the public hearing for "Land Use Contract Discharge Bylaw No. 3144, 2015" closed City of Duncan, Public Hearing Meeting - September 14, 2015

2 Page 2 of 28 CITY OF DUNCAN BYLAW NO A BYLAW TO AUTHORIZE THE DISCHARGE OF A LAND USE CONTRACT WHEREAS section 930 of the Local Government Act provides that a Land Use Contract may be discharged by bylaw, with the agreement of the local government and the owner of any parcel that is described in the bylaw as being covered by the discharge; AND WHEREAS Electra Refrigeration and Appliance Ltd. owns land located at 361 Festubert Street in Duncan, BC, and has applied to the City of Duncan to discharge the Land Use Contract charging the title to the land; NOW THEREFORE the Council of the City of Duncan in open meeting assembled, ENACTS AS FOLLOWS: 1. Title: This Bylaw may be cited as Land Use Contract Discharge Bylaw No. 3144, Administration: 2.1 The Land Use Contract between Electra Refrigeration and Appliance Ltd. and the Corporation of the City of Duncan, registered in the Victoria Land Title Office under No. F55621 on June 21, 1977, is discharged as against the title to: PID: Lot 4, Block 10, Section 17, Range 6 Quamichan District, Plan The Director of Corporate Services is directed: to register the discharge described in s. 2 of this bylaw in accordance with the Land Title Act; and if required by the registrar, to register a certified copy of this Bylaw in accordance with s. 930(10) of the Local Government Act. 3. Repeal: Bylaw No. 1134, cited as Land Use Contract Bylaw No. 1, 1976 is hereby repealed. PASSED FIRST READING 2015-AUG17 PASSED SECOND READING 2015-AUG-17 PUBLIC HEARING HELD 2015-SEP-14 PASSED THIRD READING. ADOPTED. Phil Kent, Mayor Karen Robertson, Director of Corporate Services

3 Page 3 of 28 Request for Decision To: Peter de Verteuil, CAO File No: Bylaw 1134, 1977 Date: Committee of the Whole - August 4, 2015 From: Michelle Geneau, Planner Re: Application to Discharge Existing Land Use Contract No. F55621 for 361 Festubert Street RECOMMENDATION: That the Committee of the Whole direct staff to forward Bylaw No. 3144, a bylaw to repeal Bylaw No. 1134, 1977 and discharge the existing Land Use Contract for 361 Festubert Street (Lot 4, Block 10, Section 17, Range 6, Quamichan District, Plan 1063) to Council for first and second reading. And That the Committee of the Whole recommend Council set a Public Hearing for September 14 th, 2015 at 6:45 pm for Bylaw No And That staff be directed to advertise for the Public Hearing in accordance with the Local Government Act. BACKGROUND: The City received an application (Attachment B) to discharge the existing Land Use Contract for the property located at 361 Festubert Street (Lot 4, Block 10, Section 17, Range 6, Quamichan District, Plan 1063) by the owners of the subject property. In addition to a building scheme (that was not constructed), the Land Use Contract restricts use of the land to refrigeration, air conditioning, and electrical services and repairs, and construction and maintenance of a building for the provision and management of such services (Schedule A of Attachment A). The property is being considered for purchase by another party but the permitted uses and the development of the lot are limited by the Land Use Contract. Land Use Contracts came into effect in the late 1970s prior to the introduction of Development Permits and were used to authorize site-specific variances from zoning use and density restrictions, and to oblige developers to provide off-site works and services. Zoning Bylaws do not apply for those properties under a Land Use Contract. Bill 17, otherwise known as the Miscellaneous Statutes Amendment Act, 2014, was recently passed by the Province, and all Land Use Contracts will automatically terminate on June 30, Land use Contracts may be discharged before this sunset date, with consent of the owner of the affected land and approval of a bylaw by Council, along with a Public Hearing. A Land Use Contract may be terminated by the adoption of a bylaw authorizing early discharge. Bylaw adoption will require a Public Hearing and public notification. The owners (applicant) have submitted payment of $ to cover the Land Title Office fee associated with Removal of Notice on Title and for advertisement costs for the Public Hearing. Replacement zoning for the affected Page 1 of 2

4 Page 4 of 28 Request for Decision Land Use Contract 361 Festubert Street Committee of the Whole Meeting August 4, 2015 property will not be required, as the existing C-2 Zone for the property is already shown on the Zoning Map under the C-2 Zone, which will apply to the affected land. ANALYSIS: The Land Use Contract for the subject property would terminate in 2024 if no action is taken at this time. However, the use of the property is very limited by the Land Use Contract. The interested purchaser of the property intends to continue the martial arts school (considered a personal service use under the Zoning Bylaw), but would possibly lease other parts of the building to other businesses and/or make improvements to the exterior of the building. A Business Licence was inexplicably issued to the martial arts school in 2002, and has been renewed annually. The office for the refrigeration business is still located on the second floor of the existing building. It is unlikely that the discharge of this Land Use Contract will have any negative implications for the surrounding area. The proposed addition permitted in the Land Use Contract was not constructed. The rear and side setbacks for the existing building will become non-conforming under the C-2 Zone. If an addition is made to the building in the future, a Development Variance Permit would be required to allow the current setbacks. The amount of parking provided meets the Off Street Parking and Loading Bylaw requirements for the existing building. The property is located within the Other Commercial Area Development Permit Area, and a Development Permit would be required for future redevelopment of the property or for significant changes to the existing building. IMPLICATIONS: Financial: Policy: Strategic Priorities: Sustainability: N/A The process for the early discharge of a Land Use Contract is included in the Local Government Act, and will be followed. N/A N/A ATTACHMENTS: Attachment A: Bylaw No Land Use Contract for 361 Festubert Street Attachment B: Letter from owners Attachment C: Bylaw No Attachment D: Location Maps Respectfully submitted, Michelle Geneau, Planner Reviewed by CAO Page 2 of 2

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26 Page 26 of 28 July 22, 2015 City of Duncan 200 Craig Street Duncan, B.C. V9L 1W3 Attn: Michelle Geneau, Planner gal FESTUVDEQ/Y3T. Ms. Geneau, As per your letter dated June 24, 2015 we request Land Use Contract Registration Number: F55621 be discharged. We enclose a cheque for $ as fees for the removal of Notice on Title and fees Associated with the Public Notice and Public Hearing. Regards, John and Anna Ruppenthal Electra Refrigeration & Appliance Ltd. / 7%

27 ATTACHMENT D Page 27 of 28 Location of Property: 361 Festubert Street Zoning of Property: C-2

28 ATTACHMENT D Image of Property Located at 361 Festubert Street (Source: Google Maps) Page 28 of 28