STAFF REPORT TO COUNCIL 1100 Patricia Blvd. I Prince George, BC, Canada V2L 3V9 I

Transcription

1 t CITYOF PRINCE GEORGE STAFF REPORT TO COUNCIL 1100 Patricia Blvd. I Prince George, BC, Canada V2L 3V9 I DATE: April 17, 2018 TO: NAME AND TITLE: SUBJECT: MAYOR AND COUNCIL IAN WELLS, GENERAL MANAGER OF PLANNING AND DEVELOPMENT Rezoning Application No. RZ (Bylaw No. 8903) and Land Use Contract Discharge LU (Bylaw No. 8904). Applicant: Location: L&M Engineering Ltd. for Jerr-Ron Holdings Ltd Highway 97 South ATTACHMENT(S): - Location and Zoning Map - Appendix A to Bylaw No Appendix B to Bylaw No Appendix A to Bylaw No Bylaw No. 3034, 1977 (Land Title Office Document No. N1363) - Community Meeting Summary RECOMMENDATION(S): THAT Council: 1. GIVE first two readings to City of Prince George Zoning Bylaw No. 7850, 2007, Amendment Bylaw No. 8903, 2018 ; 2. GIVE first two readings to Amendment Bylaw No. 8904, 2018 to discharge the following Land Use Contract from legal title: a. Land Use Contract Bylaw No. 3034, 1977 (Land Title Office Document Number N1363). 3. PERMIT that consideration of Final Reading of proposed Bylaw No and 8904 BE WITHHELD until the following requirements have been met to the satisfaction of Administration: a. Receipt of a Servicing Brief; and b. Receipt of a Traffic Impact Study In addition, any recommendations presented in the preceding items must be addressed to the satisfaction of the General Manager of Planning and Development.

2 PURPOSE: The applicant would like to remove the existing land use contract from the title of the subject property, and rezone Highway 97 South from AF: Agriculture & Forestry to RM9: Manufactured Home Park. The property owner would like to place modular homes on the subject property, an office for administration purposes, and provide an area for the showcasing of their product (i.e. new modular homes for sale). Background Site Characteristics Location Legal Description Current Use Site Area Growth Management Class Servicing 7919 Highway 97 South The North East ¼ of District Lot 750, Cariboo District, Except Plans 15470, 16630, 18608, 18991, 20076, 23849, PGP36675 and PGP Undeveloped property 14.6 ha Rural Resource Fully Serviced Zoning (see Appendix A to Bylaw No ) Current Zoning AF: Agriculture and Forestry Proposed Zoning RM9: Manufactured Home Park Home Business Overlay (see Appendix B to Bylaw No ) Existing The subject property is within the Home Business Overlay that permits a Home Business 3 category. Proposed Removal of the Home Business Overlay from the subject property. Land Use Contract (see Appendix A to Bylaw No. 8904) Bylaw No. 3034, 1977 This contract permitted general retail and grocery sales with a maximum floor area of 5,000 ft 2. Surrounding Land Use Table North South East West Manufactured Home Park, Highway 97 South and undeveloped land Sintich Road and rural residential uses Gas station, convenience store and a liquor store Manufactured Home Park and rural residential uses Relevant Applications AR100027: Council approved Application Number AR on May 11, This application facilitated the removal of 7919 Highway 97 South from the Agricultural Land Reserve. POLICY/REGULATORY ANALYSIS: Official Community Plan Future Land Use The subject property is designated as Rural in Schedule B-6: Future Land Use of the Official Community Plan. This designation is intended to provide a transition between rural resource lands and urban areas, providing for rural residential and more active small-scale agriculture. Through rural designation and policies, the City should provide for development that addresses a desire for a rural lifestyle (Policy ). The OCP also encourages a mix of housing options, and showcasing new housing forms and tenures for residents of the city (Policy 7.5. C. and ). In addition to this, the OCP identifies policy which aims to create a robust and diverse housing stock (Policy ).

3 The applicant would like to construct a manufactured home park on the subject property. As indicated above, the OCP supports amending the inclusion of a mixture of housing forms and tenures to create a robust housing stock. Growth Management The subject property is designated as Rural Resource in Schedule B-4: Growth Management of the Official Community Plan. This designation includes areas used for agriculture, forestry, and resource extraction activities that are important in the long-term health of the regional economy. It also encompasses natural open spaces and environmentally sensitive areas. The City has recently conducted a servicing upgrade in the subject area to provide increased capacity for the BCR Industrial area. The subject property will also benefit from this servicing upgrade. Administration will obtain a Servicing Brief that will indicate how the subject property will be serviced. Multiple Residential Form and Character Development Permit Area The proposed manufactured home park will trigger a Multiple Residential Form and Character Development Permit (Policy 9.3). During this process, the applicant will provide a comprehensive layout of the manufactured home park that indicates a consideration of open space, buffering, landscaping, internal roadways, parking, and pedestrian connectivity. Land Use Contract A land use contract is formed between the owner of a specific property and the municipality, and is adopted by Council as a Bylaw. This approach was commonly used through the 1970 s as a means to negotiate the terms and conditions of subdivision and development within the City and the Regional District. The contract can describe the subject lands, the uses permitted, the regulations for siting of building, the use of parks, landscaping requirements, and many other development criteria. The presence of a contract on a land title requires that any regulations with the contract take precedence over zoning or subdivision regulations on that land. Pursuant to section 546 of the Local Government Act, a land use contract that is registered in a land title office may be amended (modified, varied or discharged), with the agreement of the local government, and the owner of any parcel that is described in the bylaw as being covered by the amendment. Land Use Contract No. 3034, 1977 The subject property has Land Use Contract (LUC) No. 3034, 1977 (Land Title Office Document Number N1363) registered on legal title. This LUC permits a general retail and grocery sales use, of a maximum floor area of 5,000 square feet. As identified on Appendix A to Bylaw No. 8904, the applicant would like to discharge this land use contract from title. Administration is supportive of discharging this land use contract as the discharge will facilitate the development of a manufactured home park which is supported by policy direction in the OCP. Zoning Bylaw The subject property is zoned as AF: Agriculture and Forestry. The intent of the AF zone is to conserve and manage agricultural forestry land by providing for a compatible range of uses with regulations that maintain parcels of at least 15.0 ha. The applicant would like to rezone the parcel to RM9: Manufactured Home Park. The purpose of this zone is to regulate manufactured home park uses in a rental or bare land strata format. The applicant would like to create a manufactured home park on the subject property. This type of residential use is already occurring within the Sintich Road area. The property that is directly northwest to the subject property is an existing manufactured home park. There is also a manufactured home park 290 m south of the subject property, which is located within the Regional District of Fraser-Fort George. In terms of maintaining the building form and character of this area, the proposed manufactured home park will be consistent with these uses. In terms of the proposed location for the proposed manufactured home park there are approximately twenty-one (21) manufactured home parks located within the urban (60%) and rural (40%) portions of the City. This allows residents to live within a manufactured home park in either a rural or urban setting, which is consistent with the

4 Official Community Plan. In addition to this, the subject property will be fully serviced to an urban standard (i.e. water and sanitary sewer). Administration supports rezoning the subject property to a manufactured home park as it is consistent with the policy direction provided in the OCP as well as the location of manufactured home parks already established within the city (i.e. urban and rural settings). OTHER CONSIDERATIONS: Land Use Impacts Home Business Overlay (HBO) The City of Prince George Zoning Bylaw No. 7850, 2007 has three classes of home based businesses: Home Business 1, Home Business 2 and Home Business 3. Only properties within the HBO are permitted a Home Business 3, the least restrictive Home Business class. Home Business 3 permits a greater number of employees, traffic and storage; and is intended for large rural lots. As the subject property will be a manufactured home park, Administration recommends that the subject property be removed from the HBO as part of this application. This will mitigate any negative impacts associated with the Home Business 3 in a residential neighbourhood (please see Appendix B to Bylaw No. 8903). Public Meeting The applicant hosted a public open house on November 16, 2017 at Van Bien Elementary School Gym located at 311 Wilson Crescent. The intent of this meeting was to provide an opportunity for residents to comment on the proposed application early in the process prior to a formal public hearing. Approximately eighteen (18) residents attended the open house and discussed the following items: Traffic concerns with respect to heavy semi-truck traffic along Sintich Road; Questions about the existing lagoons on the subject property, and if they would remain to accommodate the proposed manufactured home park; Wildlife concerns with respect to removing trees on the subject property; Questions about the overall development (i.e. types of units, facilities to be present and construction time); and, Expressions of support toward the proposed manufactured home park use. Please see attached Community Meeting Summary for more detailed information. Traffic Impacts The subject property is bordered by Highway 97 South Frontage Road (north) and Sintich Road (south). Sintich Road is considered a major collector and can accommodate a slightly higher volume of traffic. However, due to the proximity to the intersection of Highway 97 South and Sintich Road intersection, the Ministry of Transportation and the City have requested an analysis of traffic impacts with consideration of the highest and best use of the property as it relates to the proposed RM9: Manufactured Home Park zone. Potential site impacts adjacent to residential uses As indicated previously, the construction of a manufactured home park will require a Multiple Residential Form & Character Development Permit. At this stage, Administration will analyze the site to ensure that buffering, landscaping, paving, parking, and access is considered in proximity to other uses (i.e. manufactured home park(s) and rural residential).

5 Referrals This application was referred to internal City divisions and external agencies for comments. The following comments were received during the referral process. Servicing Brief A Servicing Brief prepared and sealed by a Professional Engineer registered in the Province of British Columbia is required. The Servicing Brief will address technical issues related to water supply, sanitary sewer collection, and storm drainage system designs. Administration recommends that Final Reading of Bylaw Nos and 8904 be withheld until a Servicing Brief has been prepared and submitted to the satisfaction of Administration. Traffic Impact Study The property is adjacent to the Ministry of Transportation and Infrastructure (MOTI) Right-of-Way and Bylaw Nos and 8904 requires Ministerial approval prior to Final Reading. Through the referral process MOTI requested a Traffic Impact Study (T.I.S) that reflects the maximum allowable development under the proposed rezoning. The Department recommends that Final Reading be withheld until a Traffic Impact Study prepared and sealed by a Transportation Engineer registered in the Province of British Columbia is prepared and submitted to the satisfaction of Administration. Administration recommends that Final Reading of Bylaw Nos and 8904 be withheld until a Traffic Impact Study has been prepared and submitted to the satisfaction of Administration. ALTERNATIVES: 1. Approve the bylaw 2. Approve the bylaw as amended 3. Refuse the bylaw 4. Defer or otherwise deal with the bylaw The Department recommends that Council approve Bylaw No and 8904 for the reasons outlined in this report. SUMMARY AND CONCLUSION: The property owner would like to discharge the existing land use contract and rezone the subject property from AF: Agriculture and Forestry to RM9: Manufactured Home Park. Administration is supportive of this application based on the rationale provided in this report. RESPECTFULLY SUBMITTED: Ian Wells, General Manager of Planning and Development PREPARED BY: Mandy Stanker, Supervisor of Planning and Development Services Administration APPROVED: Kathleen Soltis, City Manager Meeting date: May 2, 2018