When? Where? Why? Tuesday, October 20, 2015, 7:00 pm Council Chambers, City Hall, 7 Victoria Street West Kamloops City Council will hold a Public Hearing to consider the following proposed amendments to KAMPLAN: The Official Community Plan Bylaw No. 5-1-2146 and City of Kamloops Zoning Bylaw No. 5-1-2001. Property Location: 8170 Dallas Drive Bylaw No. 5-1-2775 Purpose: To rezone the subject property from I-1S (Industrial Park) to I-2 (General Industrial) to allow a medical marihuana grow operation. Property Location: 1452 McGill Road Purpose: To designate a portion of road as commercial; rezone the portion of road to CD-10 (West McGill Road Comprehensive Development Zone Ten); and rezone the subject property on a site-specific basis to permit a 150-seat neighbourhood pub or restaurant, a residential real estate office, an insurance office, and limited general office use. Bylaw Nos. 5-1-2776 5-1-2777 5-1-2778 S:\DCS\PH 2015-10-20 Combined_NOT.docx 98
Notice for Public Hearing Page 2 Property Location: 2238 Tranquille Road Bylaw No. 5-1-2779 Purpose: To rezone the subject property from RS-1 (Single Family Residential-1) to RS-1S (Single Family Residential - Suite) to permit three single-family dwellings with suites, and to RT-1 (Two Family Residential-1) to permit three two-family dwellings. Property Location: 1900 Qu'Appelle Boulevard Bylaw No. 5-1-2780 Purpose: To rezone a portion of the subject property from CD-4 (Qu Appelle Boulevard Comprehensive Development Zone Four) to RS-4 (Single Family Residential-4) to facilitate subdivision into three lots. Questions? Contact the Planning and Development Division at 250-828-3561 or access relevant background material at www.kamloops.ca/councilagenda. Copies of background materials are also available at City Hall for review between the hours of 8:30 am and 4:30 pm, Monday-Friday (excluding statutory holidays). Have Your Say: Email Mail Fax Speak S:\DCS\PH 2015-10-20 Combined_NOT.docx legislate@kamloops.ca 7 Victoria Street West Kamloops BC V2C 1A2 250-828-3578 In person at the Council Meeting Written submissions must include your name and address and be received no later than 4:00 pm on October 19, 2015. Written submissions, including your name and address, are included in the Council Agenda and will be posted on the City's website as part of the permanent public record. Please note that the City considers the author's address relevant to Council's consideration of this matter and will disclose this personal information. 99
September 21, 2015 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT ON REZONING APPLICATION NO. REZ00562 8170 DALLAS DRIVE OWNER: 0916254 BC LTD. APPLICANT: AUGUSTUS MARKS PURPOSE To rezone the subject property from I-1S (Industrial Park) to I-2 (General Industrial) to allow a medical marihuana grow operation. SUMMARY The subject property is located on the north side of Dallas Drive in the Gateway Industrial Park. The property is zoned I-1S and is 1.11 ha in area, and it is occupied by a recently built industrial warehouse that is currently vacant. The applicant is in the process of acquiring a permit from the federal government to operate a legal medical marihuana grow operation (MMGO). MMGOs are currently only permitted in I-2 (General Industrial) and I-3 (Heavy Industrial) zones, subject to regulations. The City's zoning regulations for MMGOs date back to 2013, when the City responded to changes to federal regulations that discontinued the issuance of licences for homebased medical marihuana production as a means to improve public safety. As MMGOs are not permitted in the I-1S zone, the applicant wishes to rezone the property to I-2 to facilitate the operation. The property is currently designated Medium Industrial in KAMPLAN: City of Kamloops Official Community Plan, as are all industrially zoned properties in the Campbell Creek Industrial Park. According to KAMPLAN, land designated Medium Industrial shall be oriented towards more extensive manufacturing activities, including the storage and processing of raw materials. The I-2 zone allows a range of uses compatible with the Medium Industrial designation, including industrial equipment (sales, rentals, storage, and/or service), laboratory, warehousing, and MMGOs. Additionally, the applicant has met the intent of the zoning regulations for MMGOs, as discussed below, and municipal water and sanitary sewer services are sufficient to service the development. The application to rezone the subject property from I-1S to I-2 to allow an MMGO is supported by the KAMPLAN land use designation for the property, and the application will be required to meet all applicable municipal, provincial, and federal regulations. As the Public Hearing provides an opportunity for the community to provide input to Council, staff advise Council to proceed as outlined in the recommendation. S:\DCS\REZ00562_REP.docx 100
REZONING APPLICATION NO. REZ00562 September 21, 2015 Page 2 RECOMMENDATION: That Council authorize a Public Hearing to consider rezoning Lot 2, D.L. 269, K.D.Y.D., Plan EPP28927 (8170 Dallas Drive), from I-1S (Industrial Park) to I-2 (General Industrial) to allow a medical marihuana grow operation. COUNCIL POLICY KAMPLAN designates the property as Medium Industrial. KAMPLAN, Section III Neighbourhoods, Subsection 4.0, Industrial Development, Policy 4.3 states: Land designated for Medium and Heavy Industrial purposes will continue to be oriented towards more extensive manufacturing activities including the storage and processing of raw materials, such as logs and wood products, sand/gravel, concrete and minerals, metallic industries, and petroleum products. These activities require special attention by reason of their potential impact on the urban and natural environment, and accordingly, the City may undertake special initiatives such as Development Permit Area designation, an environmental assessment, or other appropriate mechanisms. Zoning Bylaw No. 5-1-2001, Division Three, General Regulations, Section 311A, Medical Marihuana Grow Operations, provides regulations for MMGOs. SITE CONDITIONS AND BACKGROUND Neighbourhood - Campbell Creek/Gateway Industrial Park KAMPLAN Designation - Medium Industrial Current Zoning/Use - I-1S (Industrial Park)/industrial warehouse Proposed Zoning - I-2 (General Industrial) Surrounding Uses - Industrial Application Date - June 11, 2015 Restrictive Covenant - n/a Project Evaluation Team (PET) - June 26, 2015 Parcel Size - 1.11 ha MOTI Referral - n/a S:\DCS\REZ00562_REP.docx 101
REZONING APPLICATION NO. REZ00562 September 21, 2015 Page 3 DISCUSSION The subject property is located on the north side of Dallas Drive in the Gateway Industrial Park. The property is surrounded by a log debarking business to the west, vacant industrial land to the north and east, and various industrial businesses to the south. The property is zoned I-1S and is 1.11 ha in area. In 2013, the City issued a Development Permit and a Building Permit for an industrial warehouse with a footprint of 898 m 2. The building has been built and is vacant. The applicant is in the process of acquiring a permit from the federal government to operate a legal MMGO. MMGOs are currently only permitted in I-2 and I-3 zones, subject to regulations. As MMGOs are not permitted in the I-1S zone, the applicant wishes to rezone the property from I-1S to I-2. The property is designated Medium Industrial in KAMPLAN, as are all industrially zoned properties in the Campbell Creek Industrial Park. According to KAMPLAN, land designated Medium Industrial shall be oriented "towards more extensive manufacturing activities including the storage and processing of raw materials, such as logs and wood products, sand/gravel, concrete and minerals, metallic industries, and petroleum products." The Medium Industrial land use designation supports the I-2 zone, which allows a range of compatible uses such as composting plant, general industry, industrial equipment (sales, rental, storage and/or service), laboratory, warehousing/mini-warehousing, wholesale distribution, and MMGOs. It should be noted that much of the land in the industrial park that is designated Medium Industrial is already zoned I-2. In 2013, the City amended its zoning regulations to establish a definition for MMGO, restrict MMGOs to the I-2 and I-3 zones, and establish regulations for MMGOs. These zoning amendments comprised the City's regulatory response to a move by Health Canada to replace its existing Marihuana Medical Access Regulations (MMAR) with the Marihuana for Medical Purposes Regulations (MMPR). Health Canada's regulatory changes were intended to streamline and simplify the program, improve physician access to the program, and improve community safety through a number of measures, including discontinuing licences for home-based medical marihuana production. The City's zoning regulations for MMGOs dovetail with the MMPR's goal of improving public safety by restricting MMGOs to industrial areas rather than residential ones and providing criteria to minimize impacts on youth and other vulnerable populations. The applicant has met the intent of the City's zoning regulations for MMGOs as follows: 1. Description of all discharges to air, sanitary sewer, storm sewer, streams, or groundwater - emissions into the air will be filtered as noted in item 4 below. The applicant has indicated that liquid waste will be discharged into the City's sewer system or used for the facility's fermentation system and there will no discharge into streams or groundwater. 2. Building Permit - a Building Permit will be required for internal renovations required to facilitate conversion of the building into a licensed MMGO. S:\DCS\REZ00562_REP.docx 102
REZONING APPLICATION NO. REZ00562 September 21, 2015 Page 4 3. Compliance with all municipal, provincial, and federal regulations: a) Municipal - the proposed MMGO will require zoning approval, compliance with zoning regulations, appropriate Building Permits, business licencing, and any other applicable measures. b) Provincial - the proposed operation will need to comply with the Drinking Water Protection Act Drinking Water Protection Regulation (for water supply); the Public Health Act Sewerage System Regulation (for wastewater discharge), and the Environmental Management Act (for industrial waste). c) Federal - the proposed operation will require a federal medical marihuana licence. The applicant has indicated it is currently in the security clearance stage of the Health Canada application and will require various federal approvals prior to receiving a federal licence. 4. Ventilation plan including system to prevent offensive odours from leaving the building - the applicant has provided a plan for managing exhaust from the building. Specific measures include pre-filtration in each room to keep ducts free of foreign particles and odour removal via a "gas-phase carbon filtration and ozonator" to "guarantee removal of all odours from the building". 5. In a stand-alone building - as per the zoning regulations, the proposed MMGO will occupy all of the 898.5 m 2 building on the site. 6. Ancillary uses - as per the zoning regulations, no ancillary uses will occur in the building. 7. Proximity to community facilities that could potentially be impacted by the facility - in accordance with the zoning regulations, the proposed facility is no closer than 150 m from any residential zone, daycare facility, playground, community centre, school, public park, or any use catering to individuals under the age of 18. The closest applicable facility is the daycare located in the NRI building at 8205 Dallas Drive (as shown on the aerial map), which is more than 190 m from the closest point on the subject property. It should be noted that Interior Health has also indicated that the operation's impact on adjacent land uses should be considered, including the proximity of residences and schools, the size of the property, access, potential air quality, noise, and vibration impacts. Staff also take these considerations into account during the application review process, and in this case, the property is approximately 630 m from the closest residential subdivision and 3.8 km from the closest school; therefore, the operation is unlikely to impact residents or children in the area. Impacts on other businesses in the area are also expected to be minimal as the proposed operation is located in a secure, stand-alone building on a large parcel of land. Furthermore, as the proposed facility is of a horticultural nature, noise and vibration impacts are anticipated to be minimal in comparison to noise emitted from other businesses typical of major industrial parks and from the Trans Canada Highway. 8. Diversion of CO 2 gas to feed plants - the applicant has confirmed that the CO 2 that is produced will not be used to feed plants and will be discharged through the ventilation system, thereby assisting in odour reduction. S:\DCS\REZ00562_REP.docx 103
REZONING APPLICATION NO. REZ00562 September 21, 2015 Page 5 9. As per the zoning regulations, the proposed operation will need to be decommissioned and irradiated in accordance with the City's Controlled Substances Property Remediation Bylaw if the operation is inactive for more than one year. 10. The zoning requirement to decommission formerly licensed MMGOs under the Marihuana Medical Access Program is not applicable. 11. As per the zoning and Business Licence regulations, a Business Licence will be required before the business begins to operate. This licence will only be issued after the City has approved any necessary building upgrades and the federal government has issued a licence to operate the operation. Based on the information provided by the applicant, the City's existing water and sanitary sewer services are sufficient to service the development. No technical concerns were raised with the application. In conclusion, the application to rezone the subject property from I-1S to I-2 to allow an MMGO is supported by the KAMPLAN land use designation for the property, and the application meets, or will be required to meet, all applicable regulations. As such, Staff support this application. SUSTAINABILITY IMPLICATIONS The Sustainable Kamloops Plan identifies a number of initiatives to achieve economic success in the city, including reviewing the Zoning Bylaw to ensure there are appropriate land use designations, locations, and regulations in place to accommodate industries with permitted emissions and to continue to promote the growth of small business. M. Kwiatkowski, P.Eng. Development and Engineering Services Director Approved for Council Consideration: Author: S. Bentley, MCIP, RPP, Planner Reviewed by: E. Beach, MCIP, RPP, Planning and Development Supervisor R. Lambright, MCIP, RPP, Planning and Development Manager SB/ts/lm/dla S:\DCS\REZ00562_REP.docx 104
105
106
September 29, 2015 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT ON OFFICIAL COMMUNITY PLAN APPLICATION NO. OCP00105 REZONING APPLICATION NO. REZ00567 1452 MCGILL ROAD OWNER: TOP OF MCGILL HOLDINGS LTD., INC. NO. BC0997870 APPLICANT: A & T VENTURES LTD. PURPOSE To seek Council's approval to amend KAMPLAN: City of Kamloops Official Community Plan to designate a portion of road right-of-way as Commercial and rezone that portion of road to CD-10 (West McGill Comprehensive Development Zone Ten); to rezone the subject property on a site-specific basis to CD-10 (West McGill Comprehensive Development Zone Ten) to permit an increase in the number of seats in a neighbourhood pub or restaurant from 50 to 150 seats and to allow limited residential real estate office; and to DENY the applicant's request to amend the CD-10 zone to allow general office use and insurance office use. SUMMARY The subject property is located at the intersection of Hillside Drive North and McGill Road at the west entrance to the Southgate Industrial Park. The site is vacant and was rezoned from I-1S (Industrial Park) to CD-10 (West McGill Comprehensive Development Zone Ten) in 2014 (Attachment "A"). The owner purchased the property from the City with the vision to enhance the Southgate Industrial Park by constructing high-quality industrial and limited commercial space and 14 multi-family residential units. The subject property received approval for a Development Permit for form and character of building elevations and site/landscape design (Attachment "B"). As the owner is attempting to secure tenants into the proposed development, it wishes to expand the range of permitted uses under the current CD-10 zone. The applicant would like to increase the number of permitted seats for a neighbourhood pub or restaurant from 50 to 150 in the CD-10 zone. The applicant has also applied to increase the amount of general office use on the subject property and limit the amount of building area that the office use could occupy. The applicant has proposed to restrict general office use for the subject property to 25% of the total gross floor area (GFA) available on the property, or in this case, based on the approved Development Permit, approximately 1,672 m 2 (18,000 sq. ft.) and that each office space not exceed 465 m 2 (5,000 sq. ft.) gross leasable area (GLA). It should be noted that under the current CD-10 zone, offices associated with construction, engineering, surveying, and forestry field crews; resource-based industries such as pipelines and mining; property management; land development and architecture; and commercial real estate are permitted with no restriction on size. The applicant has requested to add residential real estate use to the currently permitted commercial real estate use and to add insurance office use to the list of stand-alone permitted office uses. The applicant has included a letter outlining the rationale on the requested changes (Attachment "C"). S:\DCS\OCP00105 REZ00567_REP.docx 107
OFFICIAL COMMUNITY PLAN APPLICATION NO. OCP00105 September 29, 2015 REZONING APPLICATION NO. REZ00567 Page 2 Staff have reviewed the request to amend the CD-10 zone and are of the opinion that the increase in the number of seats for a neighbourhood pub or restaurant from 50 to 150 seats can be supported as the additional parking can be accommodated on site with the proposed land purchase and will not impact traffic in the area. However, staff recommend that the residential real estate office use be limited in size to 200 m 2 GLA on the entire property. Staff believe that larger residential real estate offices are better situated in the traditional commercial cores. Commercial real estate offices typically deal in larger properties associated with industrial or commercial lands and do not cater to the day-to-day customer. As a result, fewer staff would be required compared to a residential real estate office, which would deal in a higher volume of residential listings, thereby requiring more staff. As the CD-10 zone already permits a commercial real estate office use, staff recommend limiting stand-alone residential real estate offices to 200 m 2 to ensure larger residential real estate offices locate in the commercial core areas. Staff do not support allowing any general office use on the subject property due to the following factors: Allowing the migration of general office use into the McGill Corridor area will increase the amount of unused office space in the traditional core office areas, particularly the City Centre. KAMPLAN identifies the City Centre as the City's central commercial area, where major office uses should be encouraged to be located in order to maintain a strong vibrant community centre. The City Centre Plan further echoes this policy, stating that new public or private sector office developments will be strongly encouraged to locate within the downtown area. Support of general office use in the McGill Corridor area facilitates the displacement of industrial uses, as they could no longer occupy the potential industrial space, thereby creating pressure to create industrial spaces on the city's periphery. Further, staff have received an increase in the number of requests from other businesses, both within the McGill Corridor and city-wide, to rezone properties to permit general office use. Staff have maintained a consistent position, which is to not support the rezoning of land to permit general office use due to the aforementioned concerns. If Council approves the general office component of the rezoning proposal on the subject property, it could be seen as setting a precedent, which could lead to other property owners requesting the same approval for general office use within the McGill Corridor or other areas of the City where office use is not encouraged. Further planning exercises should be undertaken to identify where additional office space could be supported city-wide; however, at this time, it would be premature to recommend support for any increase in general office use outside of the traditional core office areas. With an updated OCP and, subsequently, an updated McGill Corridor/Southgate Plan, comes the necessary research and analysis to determine the overall community commercial/office needs to accommodate current and future populations. The applicant could subsequently apply for sitespecific zoning amendments should the applicant receive a request to locate a potential business not currently permitted under the zoning. This approach would allow staff to evaluate the proposed uses on a case-by-case basis to determine if that particular use would be appropriate on the subject property. S:\DCS\OCP00105 REZ00567_REP.docx 108
OFFICIAL COMMUNITY PLAN APPLICATION NO. OCP00105 September 29, 2015 REZONING APPLICATION NO. REZ00567 Page 3 Staff do not support the applicant's request to permit any general office use, even if restricted in size, on the subject property. The expansion of general office use is not supported by the current policies of KAMPLAN and the City Centre Plan. Staff support an increase in the number of seats in a neighbourhood pub or restaurant from 50 to 150 seats, allowing limited residential real estate use in the CD-10 zone, and consolidating the portion of road into the subject property shown as Attachment "D". It should be noted that the applicant's request is included as Option 2 in the recommendation. Further, staff have provided a third option, which captures the majority of the applicant's request but limits individual office spaces to 200 m 2. The Public Hearing process provides an opportunity for the applicant and the adjacent property owners to provide input; however, staff advise Council to proceed as outlined in Option 1 of the recommendation. RECOMMENDATION: Option 1 That Council authorize a Public Hearing to consider the following: a) Amending KAMPLAN: City of Kamloops Official Community Plan, Map No. 1, Generalized Land Use Map, by creating a land use designation of that portion of road adjacent to Lot A, Plan KAP90415 (1452 McGill Road) to Commercial, as shown on Attachment "D"; b) Rezoning a portion of unzoned road adjacent to Lot A, Plan KAP90415 (1452 McGill Road) to CD-10 (West McGill Comprehensive Development Ten) Zone, as shown on Attachment "E"; c) Amending Zoning Bylaw No. 5-1-2001, Division Fifty-Four, CD (Comprehensive Development), Section 5406, Schedule "B", by amending the CD-10 (West McGill Comprehensive Development Ten) Zone, Permitted Uses, by removing the following: " Neighbourhood pub or restaurant to a maximum of 50 seats"; and replacing it with: " " Neighbourhood pub or restaurant to a maximum of 150 seats"; and Offices associated with residential real estate limited to 200 m 2 gross leasable area (GLA)". S:\DCS\OCP00105 REZ00567_REP.docx 109
OFFICIAL COMMUNITY PLAN APPLICATION NO. OCP00105 September 29, 2015 REZONING APPLICATION NO. REZ00567 Page 4 Option 2 That Council authorize a Public Hearing to consider the following: a) Amending KAMPLAN: City of Kamloops Official Community Plan, Map No. 1, Generalized Land Use Map, by changing the land use designation of that portion of road adjacent to Lot A, Plan KAP90415 (1452 McGill Road) to Commercial, as shown on Attachment "D"; b) Rezoning a portion of unzoned road adjacent to Lot A, Plan KAP90415 (1452 McGill Road) to CD-10 (West McGill Comprehensive Development Ten) Zone, as shown on Attachment "E"; c) Amending Zoning Bylaw No. 5-1-2001, Division Fifty-Four, CD (Comprehensive Development), Section 5406, Schedule "B", by amending the CD-10 (West McGill Comprehensive Development Ten) Zone, Permitted Uses, by removing the following: " " Neighbourhood pub or restaurant to a maximum of 50 seats"; and Offices associated with commercial real estate"; and replacing them with: " " " Neighbourhood pub or restaurant to a maximum of 150 seats"; Offices associated with real estate and insurance"; and General office use restricted to 25% of total gross floor area (GFA) on site and that the maximum gross leasable area (GLA) for each individual office does not exceed 465 m 2." S:\DCS\OCP00105 REZ00567_REP.docx 110
OFFICIAL COMMUNITY PLAN APPLICATION NO. OCP00105 September 29, 2015 REZONING APPLICATION NO. REZ00567 Page 5 Option 3 That Council authorize a Public Hearing to consider the following: a) Amending KAMPLAN: City of Kamloops Official Community Plan, Map No. 1, Generalized Land Use Map, by changing the land use designation of that portion of road adjacent to Lot A, Plan KAP90415 (1452 McGill Road) to Commercial as shown on Attachment "D"; b) Rezoning a portion of unzoned road adjacent to Lot A, Plan KAP90415 (1452 McGill Road) to CD-10 (West McGill Comprehensive Development Ten) Zone, as shown on Attachment "E"; c) Amending Zoning Bylaw No. 5-1-2001, Division Fifty-Four, CD (Comprehensive Development), Section 5406, Schedule "B", by amending the CD-10 (West McGill Comprehensive Development Ten) Zone, Permitted Uses, by removing the following: " Neighbourhood pub or restaurant to a maximum of 50 seats"; and replacing it with: " " " Neighbourhood pub or restaurant to a maximum of 150 seats"; Offices associated with residential real estate limited to 200 m 2 gross leasable area (GLA)"; and General office use restricted to 25% of total gross floor area (GFA) on site and that the maximum GLA for each individual office does not exceed 200 m 2." S:\DCS\OCP00105 REZ00567_REP.docx 111
OFFICIAL COMMUNITY PLAN APPLICATION NO. OCP00105 September 29, 2015 REZONING APPLICATION NO. REZ00567 Page 6 COUNCIL POLICY Policies and goals within KAMPLAN that do not support the proposed increase in office development outside of the traditional commercial centres include the following: KAMPLAN encourages offices to locate in town centres, such as the City Centre, North Shore Town Centre, and ancillary neighbourhood centres scattered around the City to ensure they continue to function as high-activity focal points for the city. A full range of general office use is permitted in the Landmark Centre, which is located at the intersection of McGill Road and Summit Drive, at the eastern entrance to TRU. This mixed-use commercial centre provides neighbourhood services for TRU. Staff have not supported other requests to locate offices in zones where they are not currently permitted. These decisions have been made in order to prevent the removal of office space from commercial centres and potentially adding to the vacancy rates that currently exist in the town centres (City Centre, North Shore Town Centre, and Tranquille Commercial District). Government offices and major office buildings will be encouraged in the City Centre. The 2010-2015 Industrial Land Review adopted in 2011 identifies that the supply of vacant industrial land is low in the Southwest Sector, with the Southgate Industrial Park having the lowest vacancy rate. Staff agreed to amend the CD-10 zone to permit offices limited to natural resource industries and retail requiring larger storage areas as they complement industrial uses; however, general office uses, such as a medical office or law office, do not complement these industrial uses. SITE CONDITIONS AND BACKGROUND Neighbourhood - Southgate Industrial Park KAMPLAN Designation - Commercial Current Zoning/Use - CD-10 (West McGill Comprehensive Development Zone Ten)/vacant Proposed Zoning (Applicant's Request) - CD-10 site-specific to permit a 150-seat neighbourhood pub or restaurant, residential real estate office, insurance office, and restricted general office use Surrounding Uses - FortisBC, TELUS and Q9 data centres, and Thompson Rivers University lands Application Date - July 10, 2015 Restrictive Covenant - n/a Project Evaluation Team (PET) - July 24, 2015 Parcel Size - 11,274 m 2 and 490 m 2 surplus road area MOTI Referral - n/a S:\DCS\OCP00105 REZ00567_REP.docx 112
OFFICIAL COMMUNITY PLAN APPLICATION NO. OCP00105 September 29, 2015 REZONING APPLICATION NO. REZ00567 Page 7 DISCUSSION The subject property is located at the west end of the Southgate Industrial Park at the intersection of McGill Road and Hillside Drive North, with TELUS and Q9 data centres to the north, FortisBC to the south, and TRU lands to the east. The property is 11,274 m 2 in size and was rezoned to CD-10. A Development Permit was approved in 2014 with the intent to develop high-quality industrial space, complementary limited commercial space, and residential dwellings to create an innovative, mixed-use development that complements TRU (Attachments "A" and "B"). The owners of the land are attempting to secure tenants for the proposed development at 1452 McGill Road. The owners have identified a need to expand the permitted uses in the CD-10 zone to make the development more economically viable and marketable and, as a result, have submitted a rezoning application. Amendments to the CD-10 (West McGill Comprehensive Development Zone Ten) Zone Road Right-of-way The applicant approached the City to purchase an adjacent parcel of surplus road right-of-way that is 490 m 2 and located between the subject property and the existing City sidewalk (Attachment "D"). The applicant wishes to purchase this parcel of road to increase the land area of the parcel to accommodate additional parking for the proposed increase to the number of seats in either a neighbourhood pub or restaurant. As the road does not have a land use designation and is unzoned, it requires an OCP amendment from road to Commercial and a zoning amendment from unzoned road to CD-10. If Council approves the OCP and zoning amendments, a future Development Permit amendment would be required for changes to the overall site, building location, and landscaping. Due to the minor nature of the changes, a Development Permit amendment could be issued as an in-house Development Permit through the Development Permit Procedure and Delegation Bylaw No. 5-1-2277. Increase the Number of Seats in a Neighbourhood Pub or Restaurant The proposed rezoning would result in an amendment the CD-10 zone to increase the number of seats in a neighbourhood pub or restaurant from 50 to 150 seats. The applicant has indicated that increasing the number of seats will make a difference to its customers' enjoyment of the site and would also act as an amenity for the community in that area. It should be noted that the Social Planning Council (SPC) was canvassed for its opinion on increasing the number of seats in a neighbourhood pub. The SPC indicated that it has no concerns with the increase in the number of seats from 50 to 150 for either a neighbourhood pub or a restaurant. S:\DCS\OCP00105 REZ00567_REP.docx 113
OFFICIAL COMMUNITY PLAN APPLICATION NO. OCP00105 September 29, 2015 REZONING APPLICATION NO. REZ00567 Page 8 During the technical review of the application, staff identified that an increase in the number of seats would contribute to an increase in the number of vehicle trips along McGill Road. A traffic impact assessment (TIA) was conducted by Urban Systems Ltd. to determine if the additional 100 seats would impact safety or necessitate any off-site improvements. The TIA concluded that the impact from the additional 100 seats would be minimal and could be mitigated by minor changes to the location of pedestrian signage and site grading and landscaping to maximize sightlines. These requirements must be addressed prior to approving building occupancy, and they can be captured either as a condition of a Development Permit amendment or during the Building Permit process. The technical review also determined that no major off-site improvements are required at this time. Future off-site upgrades, such as installing a left-hand turn bay into the subject property, will eventually be required; however, this upgrade can be captured in the overall Hillside Drive/McGill Road intersection improvement as a component of Phase 2 of the Hillside Connector (2021). Office Use The applicant has requested to expand the currently permitted office uses allowed under the existing CD-10 zone. The CD-10 zone permits offices associated with construction, engineering, surveying, and forestry field crews; resource-based industries such as pipelines and mining; property management; land development and architecture; and commercial real estate, with no restriction on size. The applicant has requested to add residential real estate use to the currently permitted commercial real estate use and to add an insurance office use to the list of stand-alone permitted office uses. The applicant has further requested to permit general office use on the property. Examples of offices uses captured under the general office use include a law, medical, dental, or accounting office. The applicant has indicated, through the rezoning application, that it would limit the amount of office floor area to 25% of the total space available on the property or, in this case, 1,672 m 2 (18,000 sq. ft.) maximum, and that the unit sizes of each office would be restricted to 465 m 2 GLA (5,000 sq. ft.) (Attachment "C", applicant letter). Staff support the proposed residential real estate use; however, the residential component must be restricted in size as this could be seen to furthering the exodus of offices out of traditional commercial core areas. The residential real estate component would typically cater to the general public wishing to purchase a home and could employ a larger number of staff than a stand-alone commercial real estate office. Commercial real estate offices deal in larger properties associated with industrial or commercial lands and do not cater to the day-to-day customer. As a result, less staff would be required compared to a residential real estate office, which would deal in a higher volume of listings. Staff recommend limiting the residential real estate to 200 m 2 GLA on the subject property, similar to how office space is restricted in the C-4 (Service Commercial) zone of the East Entry Corridor of the City Centre Plan. As commercial real estate office is a permitted outright use under the existing CD-10 zone, staff believe a portion of the space could be used for residential real estate purposes. S:\DCS\OCP00105 REZ00567_REP.docx 114
OFFICIAL COMMUNITY PLAN APPLICATION NO. OCP00105 September 29, 2015 REZONING APPLICATION NO. REZ00567 Page 9 Staff do not support an insurance office use as it would be typically classified under the definition of office and is similar to the request to permit general office. At this time, the City does not support the general office use component of the proposed rezoning based on the following reasons: Office Departure The OCP identifies the City Centre as the City's central commercial area, where major office uses should be encouraged to be located in order to maintain a strong vibrant community centre. The City Centre Plan also states that new public or private sector office developments will be strongly encouraged to locate within the downtown centre. Allowing general office use on the subject property will see the movement of office from the traditional office core areas, particularly the City Centre, to the detriment of the core areas. This has the potential to create significant voids that will not be easily filled for a lengthy period of time. Until a detailed/robust strategy is structured and implemented, these core areas, specifically the City Centre, could be impacted for an unknown period. Potential incentives that could be used to backfill voids in the City Centre could include Development Cost Charges reductions, expanded criteria for the Revitalization Tax Exemption Bylaw for interior office space renovations, or other unknown mechanisms that could be created to alleviate vacancies. In staff's opinion, these town centre areas may not recover without significant private and public investment. Industrial Displacement/Sustainability Allowing outright general office use in the Southgate Industrial Park facilitates the displacement of existing legitimate, centralized users who will be looking for other, more economical opportunities, which places added pressure on creating industrial space at the periphery of the city. This is seen as an unsustainable approach as it places more reliance on the automobile and has the potential to place added pressure on lands not designated for Industrial uses, such as Agricultural lands. The Corporate Strategic Plan, in collaboration with Venture Kamloops, indicates that a strategy is required to research costs and benefits and prepare an options report regarding servicing additional land in the Southwest Sector. This planning exercise is currently underway, with the goal to complete the strategy by the end of 2015. Precedence Staff have had an increase in the number of requests from other businesses within the McGill Corridor and city-wide to rezone properties to permit general office use. Staff have maintained a consistent position to not support rezoning lands to permit general office use due to the aforementioned concerns. If Council approves the general office use component of the rezoning proposal on the subject property, it could be seen as setting a precedent. Other property owners could potentially request the same approval for general office use for similar reasons within the McGill Corridor or other areas of the city where office use is not encouraged. S:\DCS\OCP00105 REZ00567_REP.docx 115
OFFICIAL COMMUNITY PLAN APPLICATION NO. OCP00105 September 29, 2015 REZONING APPLICATION NO. REZ00567 Page 10 Option 3 Staff have included a third option in this report, which would see a reduction in the amount of space that a general office use could occupy. In this scenario, the zoning amendment would limit general office use to 25% of total GFA on site and ensure that the maximum GLA for each individual office use or business does not exceed 200 m 2. This option would see a reduction by 265 m 2 for each office space as requested by the applicant, which would limit the size to smaller offices. This approach can be found in the C-4 zone, in which offices are permitted outside of the City Centre on properties that front Battle Street and Victoria Street, located in the East Entry Corridor, as defined in the City Centre Plan. The restrictions under the C-4 zoning clause would limit the office use to 200 m 2 for each office or business within this particular area of the City. This same rationale or approach could be applied to the proposed rezoning application on McGill Road. This would encourage larger office tenant space to locate with the City Centre as opposed to areas outside the traditional core commercial areas. Under this policy, the applicant would be restricted to smaller tenant spaces for each office but could still develop 25% of the total GFA on site with general office, while limiting the individual businesses to 200 m 2 GLA per office space. Conclusion Staff support following the current strategy of allowing the various planning processes to unfold. With an updated OCP and, subsequently, an updated McGill Corridor/Southgate Plan, comes the necessary research and analysis to determine the overall community commercial/office needs to accommodate current and future population. As well, this affords the necessary time to develop a strategy to account for the potential voids in the core if additional office is supported in the Southgate Industrial Park. This strategy may include expanding the Revitalization Tax Exemption Bylaw to include incentives for office space renovations, development cost charge relaxation, public investment in creating an expanded health care district in the core, or other unknown components. Additionally, one of the major themes arising from the first phase of the OCP public engagement exercise in fall 2014 was a "... vibrant downtown where people can live, work, and play." With over 1,000 participants providing input, this was/is clearly an overwhelming desire. It was the only theme where there was absolute consistency of responses throughout the community. This further underscores the need to undertake a comprehensive process as opposed to randomly allowing site-specific zoning amendments to permit general office uses in other areas of the city. With an appropriate strategy in place, the necessary measures can be implemented to offset any negative impacts the downtown core may incur. As a result, staff recommend Council proceed with Option 1, as outlined in the recommendation. S:\DCS\OCP00105 REZ00567_REP.docx 116
OFFICIAL COMMUNITY PLAN APPLICATION NO. OCP00105 September 29, 2015 REZONING APPLICATION NO. REZ00567 Page 11 SUSTAINABILITY IMPLICATIONS The proposed application is supported by a number of goals and policies in the Sustainable Kamloops Plan (SKP), including: Encouraging mixed-use developments comprising appropriate commercial, institutional, recreational, and related activities in all neighbourhoods; Recognizing market demands for type, form, and density of residential developments and encouraging infill developments in existing neighbourhoods in a variety of ways; Reviewing areas of the City where there are high concentrations of employment activity, yet little residential use, generally centred on the Southgate business area; and Facilitating an economic diversity index higher than provincial and national averages. The proposed application is not supported by the following polices in the SKP: Reviewing projected commercial land demands, including the ability to accommodate a portion of these demands within existing vacant space and developed lands; and Undertake an industrial land review in partnership with Venture Kamloops to review land currently available to accommodate industry, according to type and location. M. Kwiatkowski, P.Eng. Development and Engineering Services Director Approved for Council Consideration: Author: E. Beach, MCIP, RPP, Planning and Development Supervisor Reviewed by: R. Lambright, MCIP, RPP, Planning and Development Manager EB/lm/ts Attachments S:\DCS\OCP00105 REZ00567_REP.docx 117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
September 29, 2015 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT ON REZONING APPLICATION NO. REZ00565 2238 TRANQUILLE ROAD OWNER/APPLICANT: BRENDA BEPPLE PURPOSE To rezone the subject property from RS-1 (Single Family Residential-1) to RS-1S (Single Family Residential - Suite) and RT-1 (Two Family Residential-1) to enable greater density and permit a variety of housing types within a future subdivision. SUMMARY The subject property is located within the Brocklehurst neighbourhood and has one pre-existing single-family dwelling and one accessory building. The property is bordered by Tranquille Road to the south, Invermere Court to the east, single-family residential land to the north, and two-family residential land to the west. Transit, schools, and the Brock Shopping Centre are within close proximity to the subject property. The applicant wishes to rezone the land in order to increase the density of development and provide options for a range of housing types. The applicant has proposed to retain the existing dwelling as it is a viable building and is currently occupied by a renter. The existing dwelling and accessory building will conform to the use, siting, and parcel coverage permitted under both the existing RS-1 and the proposed RS-1S zoning. The applicant has also submitted a subdivision application concurrent with the rezoning application to subdivide the property into six lots, proposed Lots A-F, as shown on Attachment "A." The lot layout is in compliance with the existing RS-1 zoning and can proceed subject to compliance with all applicable municipal bylaws and provincial regulations. If the rezoning is approved, the development will permit three duplexes, two single-family dwellings with suites, and the existing house, as compared to six single-family dwellings under the existing zoning. KAMPLAN: City of Kamloops Official Community Plan designates the subject property Urban, which encourages infill, intensification, redevelopment, and cost effectiveness while ensuring a broad range of housing types, lifestyles, and income levels. The subject property is located within the Brocklehurst area of the North Shore Neighbourhood Plan, which supports the retention of existing larger lots, but also the provision of a broad range of housing types and forms suitable to both owners and renters and/or various household sizes and income levels. The proposed development satisfies the infill and range of housing choice/type objectives of KAMPLAN and the North Shore Neighbourhood Plan. In addition, the large lot character will be retained, as the proposed parcel sizes exceed the 464 m 2 and 557 m 2 minimum lot area required for RS-1S and RT-1 zones respectively. S:\DCS\REZ00565_REP.docx 136
REZONING APPLICATION NO. REZ00565 September 29, 2015 Page 2 The Tranquille Road and Airport/Gateway Corridor Concept Plan adopted by Council on July 8, 2015, specifies future sidewalk upgrades for the Tranquille Road frontage of the subject property. As a condition of subdivision approval, the applicant will be required to contribute funds equivalent to the cost of the sidewalk upgrades minus the cost of constructing an accessible bus pad that is required at this time. The funds will be held until the entire project is undertaken rather than constructing the improvements in a piecemeal manner. As a condition of subdivision approval, a covenant will be required restricting driveway widths and access points to Tranquille Road for proposed Lots B and C, while prohibiting driveway access to Tranquille Road for proposed Lot F. Proposed Lot A will retain its existing driveway access point. Servicing requirements will be addressed as a condition of subdivision. The Development and Engineering Services Department supports the proposed rezoning as it complies with the land use policies outlined in KAMPLAN and the North Shore Neighbourhood Plan and the zoning requirements of the RS-1S and RT-1 zones. RECOMMENDATION: That Council authorize a Public Hearing to consider rezoning Lot 1, D.L. 252, K.D.Y.D., Plan 24482 (2238 Tranquille Road), from RS-1 (Single Family Residential-1) to RS-1S (Single Family Residential - Suite) and RT-1 (Two Family Residential-1) in accordance with Attachment "A." COUNCIL POLICY KAMPLAN: City of Kamloops Official Community Plan North Shore Neighbourhood Plan SITE CONDITIONS AND BACKGROUND Neighbourhood - Brocklehurst KAMPLAN Designation - Urban Current Zoning/Use - RS-1 (Single Family Residential-1)/single-family dwelling Proposed Zoning - RS-1S (Single Family Residential - Suite) and RT-1 (Two Family Residential-1)/six lots Surrounding Uses - Single- and two-family residential Application Date - June 17, 2015 Restrictive Covenant - n/a Project Evaluation Team (PET) - July 24, 2015 Parcel Size - 0.48 ha MOTI Referral - n/a S:\DCS\REZ00565_REP.docx 137
REZONING APPLICATION NO. REZ00565 September 29, 2015 Page 3 SUSTAINABILITY IMPLICATIONS The proposed development complies with the objectives of the Sustainable Kamloops Plan, which includes encouraging infill development in existing neighbourhoods and concentrating development intensification in an existing serviced area. M. Kwiatkowski, P.Eng. Development and Engineering Services Director Approved for Council Consideration: Author: J. Mazzardis, MCIP, RPP, Planner Reviewed by: E. Beach, MCIP, RPP, Planning and Development Supervisor R. J. Martin, MCIP, RPP, Subdivision Development Manager/Approving Officer JM/ts/lm Attachment S:\DCS\REZ00565_REP.docx 138
139
140
141
September 22, 2015 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT ON REZONING APPLICATION NO. REZ00569 1900 QU'APPELLE BOULEVARD OWNER: JUNIPER WEST DEVELOPMENTS LTD. APPLICANT: DOUG MACKENZIE PURPOSE To rezone a portion of the subject property from CD-4 (Qu'Appelle Boulevard Comprehensive Development Zone Four) to RS-4 (Single Family Residential-4) to permit subdivision. SUMMARY The subject property is located in the Juniper neighbourhood at the west end of Qu'Appelle Boulevard. The overall development parcel is approximately 65.34 ha in size and is zoned FD (Future Development), RS-4 (Single Family Residential-4), RS-1S (Single Family Residential - Suite), RM-1 (Multiple Family - Low Density), and CD-4 (Qu'Appelle Boulevard Comprehensive Development Zone Four) to accommodate varying densities of residential development. This application is for a small area (1,440 m 2 ) of the CD-4 zoned portion of the overall development site. The current phase of development is a 68-lot subdivision, which requires a storm detention pond to be constructed. The location of the pond is dictated by topography, requiring it to be located at the lowest point in the subdivision, in close proximity to the natural drainage gulley, which the stormwater will be conveyed into. The area that meets this criteria is located within the CD-4 zoned portion of the subject property that is designated for multiple-family development, as shown on Attachments "A" and "B"; however, its location will result in a small portion of CD-4 zoned land southwest of the detention pond being severed from the larger CD-4 zoned lands to the east. Given its area and shape, the smaller CD-4 zoned pocket would be challenging to develop as a multiple-family development. Consequently, the applicant has requested to rezone the approximately 1,440 m 2 of CD-4 zoned land to RS-4 as shown on Attachments "A" and "B" to permit it to be subdivided into three single-family lots, which is compatible with the adjacent development on the street. KAMPLAN: The Official Community Plan Bylaw No. 5-1-2146 and the Juniper West Neighbourhood Plan designate the portion of the subject property as Urban, which supports not only multiple-family development but also single- and two-family residential development. KAMPLAN encourages development in Urban areas to proceed in an orderly, cost-effective manner while ensuring a broad range of housing types, lifestyles, and income levels. Rezoning the identified portion of the property from CD-4 to RS-4 is supported by the policies of KAMPLAN and allows the small pocket of land to be developed in a viable manner. S:\DCS\REZ00569_REP.docx 142
REZONING APPLICATION NO. REZ00569 September 22, 2015 Page 2 No technical concerns were raised in conjunction with the application. Accordingly, staff advise Council to authorize a Public Hearing, as outlined in the recommendation of this report. RECOMMENDATION: That Council authorize a Public Hearing to consider amending Zoning Bylaw No. 5-1-2001 by adding: "- Part of the North West 1/4 of Sec. 34, Twp. 19, Rge. 17, W6M, K.D.Y.D., Except Plans 35114 and EPP51319 (1900 Qu'Appelle Boulevard), from CD-4 (Qu'Appelle Boulevard Comprehensive Development Zone Four) to RS-4 (Single Family Residential-4)." as shown on Attachment "A". COUNCIL POLICY KAMPLAN, Section III Neighbourhoods, Sub-section 1.0 Juniper West Neighbourhood Plan SITE CONDITIONS AND BACKGROUND Neighbourhood - Juniper KAMPLAN Designation - Urban, Special Development Area, and Parkland and Open Space Current Zoning/Use - FD (Future Development), RS-4 (Single Family Residential-4), RS-1S (Single Family Residential-Suite), RM-1 (Multiple Family-Low Density), and CD-4 (Qu'Appelle Boulevard Comprehensive Development Zone Four) Proposed Zoning - RS-4 (Single Family Residential-4) Surrounding Uses - Vacant land, single family residential, and multiple family residential Application Date - July 17, 2015 Restrictive Covenant - n/a Project Evaluation Team (PET) - July 31, 2015 Parcel Size - Approximately 65.34 ha (approximately 1,440 m 2 for proposed RS-4 zoning) MOTI Referral - n/a S:\DCS\REZ00569_REP.docx 143
REZONING APPLICATION NO. REZ00569 September 22, 2015 Page 3 SUSTAINABILITY IMPLICATIONS Reducing density does not generally comply with the Sustainable Kamloops Plan goals; however, when a large scale neighbourhood plan is undertaken there are always technical reasons that necessitate changes to the overall layout. In this situation, the lot layout is affected by the storm water detention pond location, which results in the small parcel of land being orphaned from the main multiple family site. Rezoning the small piece to single family is consistent with the adjacent lots along the north side of the street and does not have a significant impact on the overall lot yield in the neighbourhood. ok M. Kwiatkowski, P.Eng. Development and Engineering Services Dir^or Approved for Council Consideration: -v- Author: J. Mazzardis, MClP, RPP, Planner Reviewed by: R. Martin, MClP, RPP, Subdivision Development Manager/Approving Officer JM/lm/ts Attachments S:\DCS\REZ00569_REP.docx Our corporate mission is... MAKING KAMLOOPS SHINE 144
145
146
147
148