PEACE RIVER REGIONAL DISTRICT DEVELOPMENT SERVICES OCP AND ZONING AMENDMENT REPORT BY-LAW NOS AND 2071, st and 2 nd Reading

Transcription

1 PEACE RIVER REGIONAL DISTRICT DEVELOPMENT SERVICES OCP AND ZONING AMENDMENT REPORT BY-LAW NOS AND 2071, st and 2 nd Reading Part 26 Participants. Includes all except District of Tumbler Ridge. OWNER: Richard, Wanda, Scott and Audrey Robinson DATE: May 14 th,2013 AGENT: Les Whitford AREA: Electoral Area E LEGAL: District Lot 1896 LOT SIZE: 62 ha (153 ac ) & 66 ha (163 ac) LOCATION: Groundbirch PROPOSAL To rezone the property to Commercial in order to facilitate a convenience store and gas bar, restaurant, future campground and parking for trucks. RECOMMENDATION: OPTION 1 THAT the Regional Board approve Official Community Plan Amendment By-law No and Zoning Amendment By-law No. 2071, 2013 for 1 st and 2 nd Reading which amends the PRRD Rural Area Official Community Plan By-law No. 1940, 2011 by re-designating a portion of District Lot 1896, from Agriculture-Rural to Commercial and the zoning on the same property in the Dawson Creek Rural Area Zoning By-law No. 479,1986, from A-2 Large Agricultural Holdings to C-2 Highway Commercial. THAT a public hearing be held pursuant to the Local Government Act.; and THAT the holding of the public hearing be delegated to Director Schembri. OPTIONS OPTION 1: THAT the Regional Board approve Official Community Plan Amendment By-law No and Zoning Amendment By-law No. 2071, 2013 for 1 st and 2 nd Reading which amends the PRRD Rural Area Official Community Plan By-law No. 1940, 2011 by re-designating a portion of District Lot 1896, from Agriculture-Rural to Commercial and the zoning on the same property in the Dawson Creek Rural Area Zoning By-law No. 479,1986, from A-2 Large Agricultural Holdings to C-2 Highway Commercial. THAT a public hearing be held pursuant to the Local Government Act.; and THAT the holding of the public hearing be delegated to Director Schembri. OPTION 2: THAT the Regional Board refuse the application as submitted. SITE CONTEXT The subject property is located south of Highway 97S just west of the junction with Stuckey Road. Much of the surrounding area consists of sectioned or half-section parcels that are in agricultural use, primarily cattle and/or hay production. The parcelled land is used for hay crop with the southernmost area consisting of bush. There is a residence Page 1 of 2 Printed on: 15-May-13 4:34:45 PM Department Head CAO Report prepared by: Ken Kalirai, Asst. Manager of Development Services

2 adjacent to the highway on the northern parcel. The area also is subject to some oil and gas activity. File No. 46/2013 SITE FEATURES LAND: Much of the subject property is in hay production with the remainder open scrub or forested. STRUCTURES: Single family dwelling ACCESS: Highway 97S CLI SOIL RATING: FIRE: Class 3 x. Class 3 soils have moderately severe limitations that restrict the range of crops or require special conservation practices. Subclass x denotes soils having a limitation resulting from the cumulative effect of two or more adverse characteristics. Outside any fire protection area. COMMENTS AND OBSERVATIONS APPLICANT: The subject property was used by the previous owners as a gas bar with vehicle repairs, starting as Royalite Fuel in 1959, then Esso until the 1980 s.the gas pumps and underground tanks were removed and an environmental report was completed in ALR: OCP: ZONING: It is the intent of the landowner to establish on a 10 acre portion of the property, a gas bar and convenience store, restaurant, parking for trucks and R.V. s. The subject property lies entirely within the Agricultural Land Reserve. Therefore, Agricultural Land Commission approval is required. An ALR application was submitted by the applicant and was considered by Board on May 9 th, 2013.The Board authorized the application to proceed to the ALC. Pursuant to the PRRD Rural Area Official Community Plan By-law No. 1940, 2011, the property is designated Agriculture-Rural This designation does not allow commercial uses. In this designation, the principal use of land is generally limited to agriculture or those businesses directly compatible or complimentary to the agricultural industry. Therefore the proposal is inconsistent with the OCP, and hence this OCP amendment is required. The subject property is zoned A-2 (Large Agricultural Holdings Zone) within the Dawson Creek Rural Area Zoning By-law No. 479, The uses proposed by the applicant do not comply with the uses permitted in this zone. Hence this proposal is inconsistent with the zoning bylaw and therefore this rezoning application to a commercial zone is required. IMPACT ANALYSIS AGRICULTURE The proposal will reduce the agricultural potential of the northern parcel in the 10 acres proposed for non-farm use, although in essence the 10 acres proposed for inclusion will compensate for this loss. The remainder of this parcel will continue to be used for agricultural purposes. The surrounding agricultural area will not be significantly impacted by the proposal. CONTEXT: There was a gas bar in this location for a number of years although the scale of the commercial use will increase substantially compared to the previous use. It is not uncommon to find such commercial uses offering services to the travelling public adjacent to highways. POPULATION AND TRAFFIC: The proposal would not permanently increase the local population as no residences are proposed, although local temporary population numbers may fluctuate depending on the scale of the campground/r.v./truckstop use. Similarly local traffic will increase depending on the scale of the commercial activity. Page 2 of 2

3 File No. 046/2013 OCP AND ZONING AMENDMENT MAPS FILE NO. 046/2013 PRRD Rural Official Community Plan By-law No. 1940, 2011 (Map 22) N Proposed rezoning 9 Subject Property Dawson Creek Rural Area Zoning Bylaw No. 479, 1986 (Map 9) N Subject Property Page 3 of 5

4 File No. 046/2013 Agricultural Land Reserve (Map #93P.085) N OCP AND ZONING AMENDMENT MAPS FILE NO. 046/2013 Subject Property Proposed Rezoning ALR Non ALR CLI-Soil Classification (Map #93P/14) 5 ct 3 N 6 x4 4 tp 0 2 c 4 x Subject Property 3 6 x4 4 tp Proposed Rezoning 3 6 t6 4 t 3 6 mt4 4 w 3 x m x4 4 t 7 6 t6 4 t 4 6 x4 4 w Page 4 of 5

5 File No. 046/2013 OCP AND ZONING AMENDMENT MAPS FILE NO. 0046/2013 Air Photo N Proposed Rezoning Subject Property Page 5 of 5

6 Please print boo C C C 1. FEES Application for Development Receipt #: Fax: (250) Fax: (250) Telephone: (250) Telephone: (250) Dawson Creek, BC VIG 4H8 Fort St. John, BC VIJ 4N4 ue, i vet, - PEACE RIVER REGIONAL DISTRICT \eiora address: address: Fax Number: umber: Telephone Number: Telephone Number: Postal Code Postal Code V 22_- 2 LL-1 L City / Town / Village City I Town I Village Address of Owner Address of Agent t- 2cL L -ct Property Oer s Nne Authori4ed Agent f Owner (if applicable): issued upon return of the sign to the Regional District. A $ fee will be charged for utilizing the sign and a $ refund will be as provided by the Regional District. ii) temporary commercial or industrial use permit; i) an official community plan and/or zoning by-law; Sign requirement [Amended by By-law No. 1898, 2010] shall post a development application sign on the subject property, Temporary Use Permit $ Development Permit $ Development Variance Permit $ The applicant, on those parcel(s) subject to an amendment to: El $ Official Community Plan and Zoning Amendment combined $1, Zoning Amendment $ Official Community Plan Amendment $1,000.00

7 Application for Development Page 2 3. Full legal description of each property under Area of each lot application %1- -4co P icb ha./ es ha. I acres ha.! acres Total area ha.! acres 4. Civic address or location of property: 5. Particulars of proposed amendment Please check the box(es) that apply(ies) to your proposal. Official Community Plan (OCP) amendrent: f) Existing OCP designation: ls.uejl... Proposed OCP designation Text amendment: 0 For a Zoning amendment: Existing zone:.u4-l - Proposed zone Cj2.14L -- Text amendment: Development Variance Permit: - describe proposed variance request: U Temporary Use Permit (describe proposed use): For a Development Permit: By-law No. Section: 6. Describesting use and buldinas on the subject property:. -L_ riw1-ta 1U fl(lf EJ}-t o L. 7. Describe the existing land use and bildings on all lots adjacent to and surrounding the subject property: a) North b) East c) South d) West J9r4 KtLL OEL-L4. 8. Describe the proposed development of the subject property, attach a separate sheet if necessary:

8 Application for Development Page 3 9. Reasons and support of the piication attach a separate sheet if necessary: -\-r-ric4o QQtrL_, The following information is required. Failure to provide any of the following may delay the application. 1. A copy of the proof of ownership. [For exam pie: Certificate of Title or recent Tax Assessment] for the subject property or properties. 2. A Sketch Plan of the subject property, showing: the legal boundaries and dimensions of the subject property; boundaries, dimensions and area of any proposed lots (if subdivision is being proposed); the location of permanent buildings and structures on the subject property, with distances to property lines; the location of any proposed buildings, structures, or additions thereto, with distances to property lines; the location of any existing sewage disposal systems; the location of any existing or proposed water source; and 3. Additional or more detailed information may be requested by the Regional District following review of your application. If the Regional District believes it to be necessary for the property boundaries and the location of buildings and structures to be more accurately defined, a plan prepared by a British Columbia Land Surveyor may be required. I/We hereby declare that the information provided in this application is, to the best of my! our knowledge, true and correct in all respects, and i/we enclose the required fee with this application. Signature of Owner/s: Signature of Owner/s: c-jd -ti-ac- Date: Agent s Authorization Should the property owners elect to have someone act on their behalf in submission of this application, the following must be signed by all property owners. I / We and hereby authorize (name) to act on my/our behalf in respect of this application. Address of agent: Telephone: Fax: Date Signature of -M2iY Date

9 Peace River Regional District Date: j- Application for Development Property Owner s Names Richard Lance Robinson Wanda Leah Robinson B Ave. Aldergrove, B.C. V4W 3K As to an undivided ½ interest as Joint Tenants. Scott Lee Robinson Audrey-Lee Dail Robinson Road Dawson Creek Rural, B.C. VOC ito As to an undivided ½ interest as Joint Tenants. Legal Description: 8645 S Highway 97 Groundbirch Dawson Creek Rural B.C. DL: 1896 Roll: PID Title # BB DL: 2298 Roll: PID: Title# BB918173

10 Proposal: It is the Present Owners Intention to Resume Operation of a Gasoline Service Station and Vehicle Repair. They also Intend on adding a Convenience Store and Restaurant under the C-2 Highway Commercial Zoning. History: The Subject Property has been operated by the Previous Owners as a Gasoline Service Station with Vehicle Repairs. Starting as Royalite Fuel in 1959, then Operated as Imperial Oil (Esso) until sometime in the 1980 s. The gasoline pumps and underground tanks were removed and an Environmental Report was completed in September 2008 prior to the Sale of the Property to the Present Owner s. Environmental Report, Photo s and History of Previous Owner is attached which show Gasoline Pumps in place until Proposed Development: The Present Owners Plans are to use 10 Acres( 2.4 Ha) within DL: 1896 in the Agriculture Land Reserve for Non-Farm Purposes. These Plans consist of a Proposed Zone of Commercial C-2. Under the C-2 Zone, their proposal would be to establish a - Convenience Store and Gas-Bar - Restaurant - Future Campground - Parking for Trucks and Recreational Vehicles As part of the Application, the Owners Advise they are prepared to Convert Land within their Holding Property that are not at present within Agriculture Land Reserve to the Agriculture Land Reserve. This property is approximately 10 acres (2.4 Ha) within DL: 2298 and would be converted to Agriculture Land Reserve. Maps showing Non ALR Land Attached.

11 Property Size: District Lot /4 sec. 160 acres (38.2 Ha) District Lot /4 sec. 160 acres (38.2 Ha) Total Land 320 acres (76.5 Ha) Project Description: The proposed form and character that results from the proposed C-2 Commercial Zone would be in following the Original Land Use over the previous 50 years. A new Service Station with Convenience Store would be constructed. Space would be provide for Restaurant and Public Washroom. Parking would be provided for restaurant patrons as well as large trucks and recreational vehicles. In future if space permits, the owners would consider a Campground. All Landscape Issues for the Subject Property will be addressed during the Development Permit Stage.

12 -1Et -c Te) a,px- Sc ip OSo C LAL o2t9 7 1q p b-4rl - L) 1//. 16eu- 1rL 0 PID ii S rtt qi --

13 Permitted Uses SECTION 42 C-2 (General Commercial Zone ha) 43 (d) No building or structure shall exceed l2metres (40 ft) in HEIGHT. Height contained within one of the PRINCIPAL USES listed above. (c) Not more than one SINGLE FAMILY DWELLING on a parcel, either detached or Number and type of Dwelling (b) The minimum parcel size is 0.4 hectare (1 acre) when the parcel is connected to a (a) The minimum parcel size is 1.8 hectares (4.5 acres) where there is no COMMUNITY COMMUNITY SEWAGE SYSTEM. SEWAGE SYSTEM; Minimum Parcel Size 2. Regulations (v) DWELLING UNIT(S); The following ACCESSORY uses and no others are permitted in a C-2 zone, subject to Part IV of (t) instrumentation, small equipment sales, rentals and service. (BL No. 1839, 2009) (s) FUNERAL PARLOUR LIMITED; (BL No. 1713,2007) (I) Building material supply facility; (k) Sales, rentals, servicing and repairs of automobiles, recreation vehicles and boats; (i) CAMPGROUND; (j) Retail sales establishment; (h) GARDEN CENTRE; (m) Meat cutting and packing, excluding ABATTOIRS; (f) Car wash; (e) GAS BAR; (C) AUTOMOTIVE SERVICE STATION; (b) RESTAURANT; (d) CONVENiENCE STORE; (g) Liquor Store; (n) Business office; (o) PERSONAL SERVICE ESTABLISHMENT; (p) ANIMAL HOSPITAL; (q) Taxi dispatch office; (u) ACCESSORY building and ACCESSORY structure; (r) RECYCLE CENTRE; (a) TOURIST ACCOMMODATION; by-law and subject to Sub-Section 2 of this Section 42; this by-law and Sub-Section 2 of this Section 42: The following PRINCIPAL USES and no others are permitted in a C-2 zone subject to Part IV of tt F Zoning By-law No. 1343, 2001 Peace River Regional District

14 within: (e) Except as otherwise permitted in this by-law, no building or structure shall be located Setbacks SECTION 42 C-2 (General Commercial Zone ha) continued 44 Parcel A(Plan B5074) of the Northwest 1/4, Section 9, Township 84, Range 19, W6M Parcel A, Plan 33374, SW1/4 Sec. 5, Twp. 84, Rge. 18, W6M. field service. Parcel A(PM36569) SW1I4 Sec. 5, Twp. 84, Rge. 18, W6M. Parcel A, Plan 33374, SW1/4 Sec. 5, Twp. 84, Rge. 18, W6M. manufactured homes, automotive parts, machinery, farm machinery and boats; and Additional Uses square metres (2153 sq.ft.). ACCESSORY Buildings, except DWELLING UNIT(S) Zoning By-law No. 1343, 2001 (I) 7 metres (23 ft) of a FRONT PARCEL LINE; (ii) 3 metres (10 ft) of an INTERIOR SIDE PARCEL LINE; (iii) 5 metres (17 ft) of an EXTERIOR SIDE PARCEL LINE; or (iv) 5 metres (17 ft) of a REAR PARCEL LINE. (f) The aggregate FLOOR AREA of all ACCESSORY buildings shall not exceed 200 (g) The following additional uses are permitted on lands legally described as: i) sales, rental, servicing and repairs of automobile, recreational vehicles, ii) contractors, shop and storage yard for trade, trucking, construction and oil iii) warehousing, cartage, express and freight facilities. Lot 8, Block 2, Plan 9723, Section 2, Township 84, Range 19, W6M (BL#15o2, 2004) iv) NEIGHBOURHOOD PUB Peace River Regional District

15 PEACE RIVER REGIONAL DISTRICT Bylaw No. 2070, 2013 A bylaw to amend the Peace River Regional District Official Community Plan Bylaw No. 1940, 2011 WHEREAS, the Regional Board of the Peace River Regional District did, pursuant to the Province of British Columbia Local Government Act, RSBC 1996, c. 323, adopt the Peace River Regional District Official Community Plan Bylaw No. 1940, 2011 ; AND WHEREAS an application has been made to amend the Peace River Regional District Official Community Plan Bylaw No. 1940, 2011 to facilitate an associated zoning affecting District Lot 1896; NOW THEREFORE the Regional Board of the Peace River Regional District, in open meeting assembled, enacts as follows: This Bylaw may be cited for all purposes as the Peace River Regional District Official Community Plan Amendment Bylaw No. 2070, The Peace River Regional District Official Community Plan Bylaw No. 1940, is hereby amended in the following manner: I) Map No. 22 is hereby amended by redesignating a portion of District Lot 1896 from Agriculture Rural designation Commercial designation as shown shaded on Schedule A which is attached to and forms part of this bylaw. READ A FIRST TIME this day of, READ A SECOND TIME this day of, Public Hearing held on the day of APPROVED by the Ministry of Transportation and Infrastructure this of day District Highways Manager READ A THIRD TIME this day of ADOPTED this day of THE CORPORATE SEAL of the Peace River Regional District was hereto affixed in the presence of: (seal) Karen Goodings, Chair Fred Banham, Chief Administrative Officer

16 :Mojeq 6u!M.ip eq uo pepqs UMOS s uoi4u6sep I3!JewwoD O uoieu6!sep - ejnhino!j6y,, W04 968I O1 D!JS!G o uo!ljod 6uu6isepei Aq pepuewe Aqeieq S! I ON MEIA8 UId ATiunwwo3 [e!d!440 13!-1S!G IUO!9i JOAfti 83d o v enpeqo - 0N djij,v..3lfla3hos CI-O OLO 0N MI-A plnsic Iuo!eU.1OA!J GOOd

17 PEACE R1VER REGIONAL DISTRICT Bylaw No. 2071, 2013 A bylaw to amend the Dawson Creek Rural Area Zoning Bylaw No. 479, WHEREAS, the Regional Board of the Peace River Regional District did, pursuant to the Province of British Columbia Local Government Act, RSBC 1996, c. 323, adopt the Dawson Creek Rural Area Zoning Bylaw No. 479, 1986 ; NOW THEREFORE the Regional Board of the Peace River Regional District, in open meeting assembled, enacts as follows: 1. This by-law may be cited for all purposes as Peace River Regional District Zoning Amendment Bylaw No. 2071, Dawson Creek Rural Area Zoning Bylaw No. 479, 1986 is hereby amended in the following manner: a) Schedule A Map No. 9 - is hereby amended by rezoning a portion of District Lot 1896 from A-2 Large Agricultural Holding Zone to C-2 Highway Commercial Zone, as shown shaded on Schedule A which is attached to and forms part of this bylaw; and READ A FIRST TIME this day of, READ A SECOND TIME this day of Public Hearing held on the day of APPROVED by the Ministry of Transportation and Infrastructure this of day READ FOR A THIRD TIME this ADOPTED this day of day of District Highways Manager (seal) THE CORPORATE SEAL of the Peace River Regional District was hereto affixed in the presence of: Karen Goodings, Chair Fred Banham, Chief Administrative Officer

18 9 o 6 V9M O ei euo ;aiewwo 3 1 -V W O7 P!JS!cJ )LO UOLlJod 6uiuozej Aq :Mojeq 6uiMaip ei uo pepqs UMoqs s 11 0u0Z S6UIPIQH In4Ifl 6 e6i-i AEMII6!HII N dlaj pepuewe Aqeeq S! 996 I- 6LIi N M81AS 6uiuoz B9N IH >feei3 UOSMcJ o v enpeqo - 6 1V1 ]IflQ3HOS 1.LO N Mel-AS PU1S!a leuo!6oj.eai eceed