REPORT OF THE COMMITTEE OF THE WHOLE MEETING HELD IN THE MUNICIPAL COUNCIL CHAMBERS ON MONDAY, SEPTEMBER, 12 2016, AT 8:20 P.M. Chair Leclerc presided. Members present were J. Cordeiro (via telephone), L. Christiansen, B. Downie, M. Prevost, and S. Tyers. Member S. Buj tas was absen t. Also in attendance were H. Avison, Chief Administrative Officer, D. Block, Director of Development Services, T. Irwin, City Planner, A. Thompson, Clerk, and L. Wilson, Executive Assistant. The Development Services Component of the Commi ttee of the Whole meeting commenced at 8:20 p.m. A. DEVELOPMENT SERVICES COMPONENT 1. TEMPORARY LIQUOR LICENSE AMENDMENT APPLICATION (EXTENSION OF HOURS OCTOBER 1, 2016) - BOSTON PIZZA SPORTS BAR The Commi ttee reviewed a September 12, 2016 report from the City Planner regarding an applica tion to a temporary liquor licence amendment to extend hours of operation on October 1, 2016 for Boston Pizza Sports Bar. On August 29, 2016 an applica tion for a temporary amendment to a primary liquor license was submi tted by Rosinder Singh, manager of Boston Pizza Sports Bar (Terrace). The Liquor Control and Licensing Board (LCLB) requires comment/approval from the local municipal government prior to issuing the temporary change to operating hours. The reason for the application is to allow the establishment to extend their operating hours from the currently permi tted closing time of 1 a.m. until 3 a.m. for the hosting of the annual awards night for the Terrace Northmen Rugby Club to be held on October 1, 2016. A copy of the application was referred to the R. C. M. P. who expressed concerns regarding staff capacity in discussion and indicated they do not support the proposed amendment.
c/w (Dev. Servo Comp.), September 12, 2016 Page 2 City of Terrace Policy No. 83 states that Council should consider the potential for noise and the impact on the community tha t may resul t from a temporary license amendment. The subject property, located at 4924 Highway 16 West, is an existing establishment in a Service Commercial area and therefore it is not anticipated tha t a one-time extension of the hours for the service of liquor will create noise disturbance nor is it likely tha t this application will cause a negative impact on the community. It was recommended that Council pass the following resolution opposing the temporary change to hours of sale for Boston Pizza Sports Bars (Terrace) for the hosting of an awards evening on October 1, 2016: Be it reso2ved that: 1. The City of support the the subject 2016 as: Terrace Council does not "temporary" amendment of license for October 1, a) The application is for a temporary extension of operating hours (4924 Highway 16 West) during a special event and the allotted time frame of 11:00 a.m. to 3:00 a.m. b) The R. C.M. P. opposes the granting of the temporary extension of licensed operating hours due to concerns of potential nega ti ve impact on the communi ty, and issues of limited staffing complement and capacity. 2. The Council's comments on the prescribed considerations are as follows: a) The potential for noise if the application is approved would likely be negligible as it is in an existing establishment ~n a commercial area.
C/W (Dev. Servo Comp.), September 12, 2016 Page 3 b) The overall impact on the community if the application is approved may however prove to be negative. 3. The views of the residents were not gathered for this application because: a) City of Terrace Policy No. 83 Liquor License Application Process does not require a public notice and hearing for temporary applications. 2. DEVELOPMENT VARIANCE PERMIT NO. 14-2016 - RITCHEY (4305 LAKELSE AVENUE) The Commi ttee reviewed a September 12, 2016 report from the Ci ty Planner regarding an application for a Development Variance Permi t for the property at 4305 Lakelse Avenue. On August 18, 2016, an application for a Development Variance Permit was submitted by Don Ritchey, Strata council president for the Kermode Trailer Park. The property is zoned R6 - Manufactured Home Residen tial and is designa ted Mul ti Family in the Official Community Plan. The applicant requested variances to allow barbed wire along the span of the existing 1.8 metre high fence as well as to allow the existing 3.6 metre high open mesh (chainlink) fence on the west side of the property. In an attempt to improve security at the Kermode Trailer Park, the Stra ta installed barbed wire on to the existing 1.8 metre chain-link fence. This was completed as some residents have reported an increase in thefts, breakins, and vandalism. The fence runs just inside the parcel line of Kermode Trailer Park, immedia tely adjacent to Riverside Park (ball diamond). Records show that in 1976 the City built a 2.4 metre (8 feet) high chain-link and wood post fence around the perimeter of Riverside Park. Over time the section of fence between Riverside
c/w (Dev. Servo Comp.), September 12, 2016 Page 4 Park and Kermode Trailer Park was replaced by a 1.8 metre (6 feet) high chain-link fence with a 3.6 metre (12 feet) high section. It is likely that the City constructed the 3.6 metre high section to reduce the risk of baseballs from potentially damaging dwellings/property in Kermode Trailer Park. Over the years the section of fence between Riverside Park and Kermode Trailer Park has been upgraded and maintained by the Strata for Kermode Trailer Park. The total length of this fence is approximately 128 metres (420 feet). Following a review of the application and site visits to Kermode Trailer Park, Riverside Park, and vicinity, staff recommended that these variances are approved for the following reasons: ~ The barbed wire is generally kept above the height of 1.8 metres, which is a requirement of the Zoning Bylaw. ~ The fence is completely contained within the property lines of Kermode Trailer Park and is maintained by the Strata. ~ There are no future plans to install b.arbed wire on the existing 3. 6 metre high section or any other part of the existing fence surrounding Kermode Trailer Park. ~ The fence is loca ted immedia tely adjacent to the P2 Park and Recreation zoned lot (Riverside Park). Both barbed wire fencing and open mesh fencing with heights of 3.6 metres are permi tted in Public zones. ~ In the opinion of Ci ty staff, the barbed wire will have a minor impact on the community and potentially increase safety at Kermode Trailer Park.
c/w (Dev. Servo Comp.), September 12, 2016 Page 5 A public notice was sent to owners and occupiers of adjacent properties wi thin the specified distance as required in the Local Government Act, R.S.B.C., 2015, (and amendments thereto), under Sections 498 and 499. The notice stated the location of the subject property and the nature of the proposed variances and indica ted the loca tion a t which any person(s) could review and comment on the permit application. In addition to the public notices, Mr. Ri tchey also engaged wi th the lot owners of Kermode Trailer Park by conducting a door-to-door survey, asking whether or not they are in favour of the newly installed barbed wire. Resul ts from the door-to-door survey show that out of the 41 lot owners, 37 are in favour and 3 are not (1 did not respond). As of the writing of report, no concerns were adjacent property owners proposed variances. the planner's received from regarding the Mr. Ritchey, president of the Kermode Trailer Park strata addressed the Committee. He stated that there had been an increase in vandalism and theft in the trailer park and vandals had been observed jumping over the fence between the parking lot and the trailer park. Securi ty cameras have been installed and the request for the fencing and barb wire are an added measure of security for the seniors living in the park.
c/w (Dev. Servo Comp.), September 12, 2016 Page 6 It was recommended that the Ci ty issue Developmen t Variance Permi t No. 14-2016 for the property located at 4305 Lakelse Avenue (PRS3481' District Lot 3681' Range 5, Coast District), for the following variances: );> To vary Section 3. 6.3 of Zoning Bylaw 2069-2014 and amendments thereto to allow barbed wire in a R6 Manufactured Home Residential zoned lot. );> To vary Section 3. 6.2. b of Zoning Bylaw 2069-2014 and amendments thereto to allow the existing 3.6 metre high open mesh fence in a R6 - Manufactured Home Residential zoned lot. 3. DEVELOPMENT VARIANCE PERMIT NO. 15-2016 - FRANK (4436 PARK AVENUE) The Commi ttee reviewed a September 121' 2016 report from the Ci ty Planner regarding an application for a Development Variance Permi t for the property at 4436 Park Avenue. On August 18, 2016 an application for a Development Variance Permit was submitted by Norman and Linda Frank, owners of the subj ect property. The property is currently zoned R5 - High Densi ty Mul ti Family Residential and is designa ted Downtown in the Official Community Plan. The property owners propose to construct an open carport structure to be used as covered storage for a recreational vehicle. In 2010 the Franks received a variance to reduce the required setback for a similar structurei' also for the stated purpose of the storage of a recreational vehicle. The structure that was built was a detached garage. In 2007 the Franks received a variance to reduce the rear setback for their house from 7.5 metres to 3.0 metres.
C/W (Dev. Servo Comp.), September 12, 2016 Page 7 The property is located between Park Avenue and Little Avenue. The lot is only 30 metres deep and there is considerable slope between the two streets which resul ts in some building challenges. Placing the structure closer to Little Avenue decreases cost by reducing the amount of retaining walls required to support the structure. Little Avenue is a gravel street that recei ves minimal traffi c. However, another structure located close the property line may result in an increased occurrence of parking on the boulevard. There are no immediate plans to redevelop Li ttle Avenue but when it is redeveloped in the future there will not be enough room for the property owner to park vehicles in front of their garage or carport. Vehicles parked outside of the garage or carport would block traffic movement. A variance is recommended for the following reasons I' the challenging topography of the parcell' there are no foreseeable plans to redevelop Little Avenue and it is not anticipated that the carport would affect traffic movement on Little Avenue as vehicles are intended to be parked within the garage and carport. A public notice was sent to adjacent property owners wi thin the specified distance as required in the Local Government Act, R.S.20151' (and amendments thereto) I' under Section 499. The notice sta ted the loca tion of the subject property and the na ture of the proposed variances and indicated the location at which any person(s) could review and comment on the permit application. As of the wri ting of this report I' no concerns were indicated from the adjacent property owners or tenants.
c/w (Dev. Servo Comp.), September 12, 2016 Page 8 It is reco:mmended that the Ci ty issue Development Variance Permi t No. 15-2016 for the property located at 4436 Park Avenue (Parcel A, District Lot 369, Range 5, Coast District, Plan BCP32363), including the following variance: ~ To vary Section 11.6.3.4. d of Zoning Bylaw No. 2069-2014 and amendments thereto to reduce the minimum rear parcel line (Li ttle Avenue frontage) setback for an accessory building from 1.5 metres to O. 6 metres for the construction of a carport structure. 4. DEVELOPMENT VARIANCE PERMIT NO. 16-2016 - SILVERTIP PROMOTIONS AND SIGNS INC. (4655 LAZELLE AVENUE) The Commi ttee reviewed a September 12, 2016 report from the City Planner regarding an application for a development variance permi t for the property at 4655 Lazelle Avenue. On August 22, 2016 an applica tion for a Development Variance Permi t (DVP) was submitted by Silvertip Promotions and Signs Inc. (Silvertip) acting as the agent for the owners for the property at 4655 Lazelle Avenue. The subject property is zoned C1 - Central Business Commercial and is designated Downtown in the Official Community Plan. As per the Sign Bylaw the property is permi tted to have up to 18. 6 m 2 of total sign area. Currently, the property has a total of 17.55 m 2 of sign area. On July 13, 2016, the applicant submitted a sign permit application requesting a ground sign for the rear (south) entrance of the property. Upon review of the application it was determined tha t the proposed sign would result in more signage than permi tted in the bylaw and addi tionally that the applicant had not included an already existing sign on the property which had not been previously permitted.
C/W (Dev. Servo Comp.), September 12, 2016 Page 9 On August 22, 2016 the applicant submi tted a revised DVP applica tion addressing these two signs on the property. Firstly, the applicant is requesting to reinstall a 2.23 m 2 sign at the rear of the property. In 2015 the property owner leased the property to new tenan ts and a t this time Sil vertip, acting as the agent for the property owner, submitted a sign permit application for new signs. Upon review of the application staff determined that the proposed sign age area exceeded wha twas permitted. Silvertip received a variance (DVP No. 19-2015). As part of this DVP, the applicant agreed to remove the existing freestanding sign located at the rear of the property in order to gain addi tional signage on the building. As part of this current DVP the applicant is now proposing to modify the previously removed sign into a ground sign and return it to its former location. The second sign forming part of this variance concerns a sign on the building that was not previously included as part of the 2015 permi t applica tion process. It is a Sun Life Financial sign loca ted on the south (rear) wall of the building. This sign has a total sign area of 3.33 m 2 This sign was on the building prior to the change of tenants in 2015 but was not factored into the 2015 permits. Since the issuance of the DVP in 2015, staff completed a review of the Ci ty of Terrace Sign Bylaw and a new bylaw, Sign Bylaw No. 2102-2016, was adopted in February 2016. The new bylaw resulted in an increase in the amount of signage for most zones in Terrace. This included a slight increase in the total sign area for properties in the C1 zone, to a maximum of 18. 6 m 2 Staff recommended an increase in the total sign area for the property to 20.9 m 2 This would permit the existing Sun Life Financial sign but not the proposed ground sign.
C/W (Dev. Servo Comp.), September 12, 2016 Page 10 Staff felt this is an appropriate recommendation for the following reasons. > The relocation of the sign as a ground sign to the rear of the property will further obstruct the view of traffic into a busy the lane. > The freestanding sign was removed as part of a trade-off in order to gain addi tional signage on the building in 2015 and that agreement should be upheld. Staff spent considerable time reviewing and preparing the Sign Bylaw No. 2102-2016 in consultation with local sign companies. In an attempt to assist in the understanding of the new bylaw and permi tting process staff prepared guides and offered support to local sign companies. Despi te this, sign permi t applications continue to regularly be submitted that do not comply with the bylaw. A public notice was sent to the adjacent property owners wi thin the specified distance as required in the Local Government Act, R.S.2015, (and amendments thereto), under Section 499. The notice sta ted the loca tion of the subj ect property and the na ture of the proposed variances and indicated the location at which any person(s) could review and comment on the permit application. As of the writing of this report, no responses were received from adjacent property owners regarding the proposed variance.
C/W (Dev. Servo Comp.), September 12, 2016 Page 11 It is recommended that the City amend and issue Development Variance Permit No. 16-2016 for the property loca ted at 4655 Lazelle Avenue (Lot B (Being the Consolida tion of Lots 3 r 4 and 5 r Block 4, District Lot 361, Plan 972 See BA153558) Block 4, District Lot 361, Range 5, Coast District, Plan 972, as follows: ~ To vary Section 6.4.3. a. i of Sign Bylaw No. 2102-2016 and amendments thereto to increase the Maximum Total Sign Area per Lot from 18.6 m 2 to 20.9 m 2 to permit an existing wall sign. 5. DEVELOPMENT VARIANCE PERMIT NO. 17-2016 - ANDREW SHERET LTD. (4650 KEITH AVENUE) The Commi ttee reviewed a September 12, 2016 report from the City Planner regarding an application for a Development Variance Permi t for the property at 4650 Keith Avenue. On August 23, 2016 an application for a Development Variance Permit (DVP) was submitted by Andrew Sheret Ltd. owners of the property at 4650 Keith Avenue. The subject property is zoned C3 Service Commercial and is designa ted Commercial in the Official Community Plan. As per the Sign Bylaw the property is permitted to have up to 28.9 m 2 of total sign area on the property. Currently, the property has a total of 24.2 m 2 of sign area on the property. Andrew Sheret Ltd. opened their business at this location in 2015. As part of the permi tting process they were required to apply for a Development Permi t (DP 08-2015) and as part of the DP they received a variance to allow for an increase in the total sign area for the property from 18.6 m 2 to 24.2 m 2 In February 2016, Sign Bylaw 2102-2016 was adopted further increasing the total sign area for the property to 28.9 m 2
C/W (Dev. Servo Comp.), September 12, 2016 Page 13 In an attempt to assist in the understanding of the new bylaw and permit process staff prepared guides and offered support to local sign companies. Despi te this, sign permi t applica tions continue to regularly be submitted that do not comply with the bylaw. A public notice was sent to the adjacent property owners wi thin the specified distance as required in the Local Government Act, R.S.2015, (and amendments thereto), under Section 499. The notice stated the location of the subject property and the na ture of the proposed variances and indica ted the loca tion at which any person(s) could review and comment on the permit application. As of the writing of this report, no responses were received from adjacent property owners regarding the proposed variance. It is recommended that the City does not issue Development Variance Permit No. 17-2016 as requested for the property located at 4650 Keith Avenue Lot A, District Lot 361, Range 5, Coast District, Plan PRP12858. The applicant is requesting the following variance: )P> To vary Section 6. 6.3 of Signage Bylaw No. 2102-2016 and amendments thereto to increase the Maximum Total Sign Area per Lot from 28.9 m 2 to 39.3 m 2 to allow addi tional wall signs. The September 12, 2016 Development Services Component of the Commi ttee of the Whole Meeting adjourned at 9:05 p.m. CERTIFIED CORRECT Chair C~erk