ADMINISTRATIVE REPORT TO: FROM: Advisory Planning Commission B. Newell, Chief Administrative Officer DATE: October 11, 2016 RE: Temporary Use Permit Application Electoral Area D Purpose: Owners: To allow for a sales display area for agricultural trailers and equipment. Peter & Merle Kappes Applicant: Bar T5 Trailers North Inc Folio: D-02341.000 Civic: 1146 Highway 3A, Kaleden Legal: Lot 1, DL 228s, SDYD, Plan KAP11044 OCP: Commercial (C) Zoning: General Commercial (C1) Proposal: This application proposes to use a portion of the subject property as a display and sales area for agricultural trailers and equipment. The applicant is leasing an area of the subject property for this proposed sales area. The applicant states that no repair, manufacturing or mechanical work will be done on site. The display site will be fenced. The hours of operation are proposed to be 9 AM to 5 PM Monday to Saturday. In support of this proposal the applicant states that it is a perfect rural location for our farm and ranch trailers and financial viable location. Site Context: The subject property is 5.54 ha in size and is located on the north side of Highway 3A near the junction of Twin Lakes Road. The leased sales area is approximately 6,070 m 2 in area and located along Highway 3A. The subject property contains the Twin Lakes service station and store. The surrounding pattern of development is characterised by rural properties, with Twin Lakes Golf Course to the south of the highway. There is a rural residential subdivision to the north around Trout Lake and a large Resource Area parcel to the west. Background: The property was created by subdivision in 1960 and records indicate that a building permit was issued in 2006 for an addition to the convenience store. Under the Electoral Area D Zoning Bylaw No. 2457, 2008, the property is currently zoned General Commercial (C1) and under the Official Community Plan (OCP) Bylaw No. 2456, 2008, the property is designated as Commercial (C). The property is identified as being within a Watercourse Development Permit (WDP) area. The D-1 Zoning Bylaw lists agricultural implement and trailer sales in the definition of service industry which a permitted use only in the Industrial (Light) One zone (I1). Page 1 of 6
Analysis: In assessing this proposal, Administration notes that the OCP Bylaw contains a number of criteria against which the Board will consider an application for a TUP. These include: a) The use must be clearly temporary or seasonal in nature; b) Compatibility with adjacent uses; c) Impact on the natural environment, including groundwater, wildlife, and all environmentally sensitive areas; d) Intensity of use; e) Opportunity to conduct the proposed use on land elsewhere in the community; f) Remedial measures to mitigate any damage as a result of the temporary use. In this case, the proposed use is being considered as a trial period and if viable a rezoning application will be applied for in order to change the zoning on the property to allow for the sales display use. Once the temporary use permit expires and zoning is not in place, the use will be discontinued. The proposed use would be seen a fairly compatible to adjacent uses as the convenience store and service station are commercial in nature. The display area would not generate any extra noise or other negative impacts. There is a WDP Area identified as being partially within or adjacent to the proposed least site area. Confirmation will be required from a QEP that there is no negative impact on the WDP area. Much of the area proposed for the sales and display area has been graded and has been used for storage of various items. The proposed use is generally static with display models to be located on site, therefore, the intensity of the use is minimal in terms of equipment use, noise or other typical negative industrial impacts. There are no buildings proposed at this time. There may be some extra traffic generated on Highway 3A. The applicant will be required to remove display items and restore the area as found previously. For the above reasons Administration supports the proposed Temporary Use permit application. The APC is asked to be aware that the Board maintains the discretion to require a Public Information Meeting prior to consideration of a TUP application. Administration notes that due relatively compatible type of zoning on the existing property, an open house is not warranted at this time. However, the APC may consider differently. Administrative Recommendation: THAT the APC recommends to the RDOS Board that the proposed temporary use be approved. Options: 1. THAT the APC recommends to the RDOS Board that the proposed temporary use be approved. 2. THAT the APC recommends to the RDOS Board that the proposed temporary use be approved with the following conditions: Page 2 of 6
a) TBD 3. That the APC recommends to the RDOS Board that the proposed temporary use be denied. Respectfully submitted: Endorsed by: Endorsed by: ERiechert _Donna Butler E. Riechert, Planner C. Garrish, Planning Supervisor D. Butler, Development Services Manager Attachments: No. 1 Context Maps No. 2 Applicant s Site Plan No. 3 Applicant s Photo Page 3 of 6
Attachment No. 1 Context Maps KALEDEN N Subject Parcel Page 4 of 6
Attachment No. 2 Applicant s Site Plan N Page 5 of 6
Attachment No. 3 Applicant s photo Looking north from Highway 3A Page 6 of 6