REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT

Transcription

1 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT ON REZONING APPLICATION NO. REZ TRANQUILLE ROAD OWNER: GOVORCIN APARTMENTS LTD. APPLICANT: BRITISH COLUMBIA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS March 10, 2016 PURPOSE To rezone the subject property on a site-specific basis to permit a British Columbia Society for the Prevention of Cruelty to Animals (BC SPCA) animal shelter and create a definition for animal shelter use. SUMMARY The subject property is located within the Brocklehurst neighbourhood, east of the Kamloops Airport. The vacant property is 9, 012 m² in area and zoned I-1 (Light Industrial). An animal shelter is not permitted under the existing I-1 zone; therefore, a site-specific zoning amendment is required to allow the proposed use. The applicant is a representative of the BC SPCA and proposes to develop the property as an animal shelter with a spay and neuter clinic. The proximity of the property to the Kamloops Airport is ideal as many lost, abandoned, stray, and neglected animals received by the BC SPCA are transported by plane. The subject property is designated Special Development Area in KAMPLAN: City of Kamloops Official Community Plan and is located in the Airport Entry Corridor in the North Shore Neighbourhood Plan. At this time, the applicant only seeks zoning approval, but will require a Development Permit prior to building on the lot. The Development Permit will ensure the future building, site, and landscape design consider neighbouring properties and uses. To avoid potential land use conflicts with residences on neighbouring properties, staff support a number of restrictions in the existing I-1 zone. These include prohibiting bulk petroleum product sales and storage, storage of asphalt materials, and crematoriums, as well as a requirement that any sandblasting activities occur indoors. As a condition of zoning approval, restricting the aforementioned uses on the subject property will be a requirement of the site-specific zoning amendment. Currently, the C-6 (Arterial Commercial) zone is the only zone that permits an animal shelter (which is the current zoning for the BC SPCA on 8th Street); however, a definition for animal shelter does not exist in the current Zoning Bylaw. Therefore, staff recommend the Zoning Bylaw include a definition for animal shelter. The Development and Engineering Services Department supports the proposed rezoning and advises Council to proceed as outlined in the recommendation. 171

2 REZONING APPLICATION NO. REZ00583 March 10, 2016 Page 2 RECOMMENDATION: That Council authorize a Public Hearing to consider the following: a) Amending Zoning Bylaw No , Division Four, Definitions, by adding the following: - ""Animal Shelter" means a building and/or lot operated by a non-profit animal rescue society, providing temporary care and accommodation for lost, abandoned, stray, or neglected animals. Animals permitted include dogs, cats, and small animals (e.g., mice, rabbits, guinea pigs, and hamsters). Commercial kennels are not permitted." b) Amending Zoning Bylaw No , Division Forty-Six, I-1 (Light Industrial), Section 4602, Permitted Uses - Site Specific, by adding: - "Animal shelter; prohibiting bulk petroleum product sales and storage, storage of asphalt materials, and crematoriums; and requiring that any sandblasting activities must occur indoors in the case of Lot 1, D.L. 251, K.D.Y.D., Plan (2815 Tranquille Road)." COUNCIL POLICY KAMPLAN: City of Kamloops Official Community Plan, Section II - Growth Management, Special Development Areas North Shore Neighbourhood Plan, Section Four - Land Use Policies, Airport Entry Corridor SITE CONDITIONS AND BACKGROUND Neighbourhood - Brocklehurst KAMPLAN Designation - Special Development Area Current Zoning/Use - I-1 (Light Industrial) Proposed Variance - I-1 (Light Industrial) site-specific to permit a BC SPCA animal shelter; prohibiting bulk petroleum product sales and storage, storage of asphalt materials, and crematoriums; and requiring that any sandblasting activities must occur indoors Surrounding Uses - Vacant C-4 (Service Commercial) and RS-1 (Single Family Residential-1) properties, Kamloops Airport, Residential Uses, Service Commercial Application Date - December 21, 2015 Restrictive Covenant - n/a Project Evaluation Team (PET) - January 15, 2016 Parcel Size - 9, 012 m² MOTI Referral - n/a 172

3 REZONING APPLICATION NO. REZ00583 March 10, 2016 Page 3 DISCUSSION The subject property is located in the Brocklehurst neighbourhood near the entrance to the Kamloops Airport. The subject property is 9, 012 m² in area and is located within the 20- and 200-year flood plains. The Development and Engineering Services Department received a rezoning application for the subject property to facilitate a BC SPCA animal shelter, which will include a spay and neuter clinic. Under Animal Control Bylaw No , 13.1(a), No person shall use any premises as a kennel for the keeping, training, care, breeding, hospitalization, or boarding of cats or other animals on any parcel of land within the City unless the said parcel is specifically permitted by the City of Kamloops Zoning Bylaw. The proposed use does not fully meet the intent of a kennel; therefore, an amendment to include a definition in the Zoning Bylaw for animal shelter is also proposed. The subject property is located within the Airport Entry Corridor of the North Shore Neighbourhood Plan and will require a Development Permit prior to construction; however, the applicant seeks only zoning approval at this time. Zoning The applicant proposes rezoning the subject property from I-1 (Light Industrial) to I-1 with a site-specific zoning amendment to permit a BC SPCA animal shelter. The purpose of the I-1 zone is to regulate the development of a limited range of light industry and compatible uses. Staff support the requested zoning change to allow an animal shelter, with a number of restrictions on the existing I-1 zone, including prohibiting bulk petroleum product sales and storage, storage of asphalt materials, and crematoriums, as well as requiring that any sandblasting activities occur indoors to avoid potential land use conflicts with residences on neighbouring properties. The adjacent C-4 (Service Commercial) zone permits animal-related uses, including animal grooming, retail sales, and veterinary clinics, but it prohibits outdoor kennels. The applicant has indicated that the animals are mainly indoors, but the site will include outdoor kennels, areas for dog walking, and outdoor communal areas for cats. Screening, fencing, and buffering will be addressed at the Development Permit stage. Currently, the C-6 zone permits animal shelter, which is the current zoning for the BC SPCA on 8th Street; however, a definition for animal shelter does not exist in the current Zoning Bylaw or Animal Control Bylaw. The proposed changes to the Zoning Bylaw include creating a definition for animal shelter. To ensure compliance, staff propose amending the Definition Section of the Zoning Bylaw by adding the following definition: - "Animal Shelter" means a building and/or lot operated by a non-profit animal rescue society, providing temporary care and accommodation for lost, abandoned, stray, or neglected animals. Animals permitted include dogs, cats, and small animals (e.g., mice, rabbits, guinea pigs, and hamsters). Commercial kennels are not permitted. 173

4 REZONING APPLICATION NO. REZ00583 March 10, 2016 Page 4 KAMPLAN/North Shore Neighbourhood Plan KAMPLAN designates the subject property as Special Development Area. Special Development Area is land proposed to be developed at some future date in order to accommodate population growth between 100,000 and 120,000 population horizons, as well as to accommodate development that requires specialized design and sensitive integration considerations. In most cases, individual land use, servicing, traffic, and design studies will be required prior to development approvals. Specifically, the subject property is located in the Brocklehurst West Special Development Area, which identifies incorporating a mix of residential, commercial, light-industrial, and airport-oriented uses. Development in this manner is also supported by the North Shore Neighbourhood Plan. The property is surrounded by a large parcel to the north, which would allow for a comprehensive development, and a mix of commercial and residential uses. As well, the property to the east will accommodate residential uses oriented toward the existing residential uses. The proposed use on the property complies with the commercial, light industrial, and airport-oriented uses that are supported in the Special Development Area. Development Permit The subject property is located within the Airport Entry Corridor of the North Shore Neighbourhood Plan. This is viewed as a significant gateway to the North Shore from the Kamloops Airport and agricultural land to the west. A Development Permit is required prior to construction and will address site design, building elevations, landscaping, parking, access, and vehicular circulation. However, at this time, the applicant only seeks zoning approval, and a Development Permit Application will be made at a later date. Technical Considerations Site servicing, including water and storm drainage, as well as access, will be addressed in conjunction with the future Development Permit and Building Permit once the final site design is completed. Sanitary infrastructure does not exist in front of the proposed development. It may be possible to extend a new private sanitary service from the existing municipal sanitary main, which is 196 m to the east. An easement between the adjacent property owner and approval to cross the Kinder Morgan pipeline and the TELUS easement are required (see Attachment "A" Utilities Map, showing the proposed extension). The Tranquille Road and Airport/Gateway Corridor Concept Plan adopted by Council on July 8, 2015, and Subdivision and Development Control Bylaw No specify future upgrades for the Tranquille Road frontage of the subject property. In conjunction with issuing Building Permits, the applicant will be required to undertake frontage improvements or contribute funds equivalent to the cost of curb, gutter, and sidewalk upgrades. SUSTAINABILITY IMPLICATIONS The Sustainable Kamloops Plan recommends that the City ensure that appropriate commercial activities are located within all city neighbourhoods to meet the community's needs. The Kamloops economy will continue to be well diversified, continue to attract a number of socially sustainable businesses, and will support economic diversity. 174

5 REZONING APPLICATION NO. REZ00583 March 10, 2016 Page 5 M. Kwiatkowski, P.Eng. Development and Engineering Services Director Approved for Council Consideration: Author: E. O'Reilly, Planning Assistant Reviewed by: E. Beach, MCIP, RPP, Planning and Development Supervisor R. J. Martin, MCIP, RPP, Planning and Development Manager/Approving Officer EO/ts/dla/lm Attachment 175

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