City of Surrey ADDITIONAL PLANNING COMMENTS File:

Transcription

1 City f Surrey ADDITIONAL PLANNING COMMENTS Planning Reprt Date: March 22, 2010 PROPOSAL: OCP Text Amendment Temprary Cmmercial Use Permit in rder t allw the strage f recreatinal vehicles, trailers and bats n a prtin f the subject site fr a perid nt t exceed tw (2) years. LOCATION: Avenue OWNERS: Shayne Khan and Jarina Nisha ZONING: A-1 OCP DESIGNATION: Suburban

2 Staff Reprt t Cuncil Additinal Planning Cmments Page 2 RECOMMENDATION SUMMARY T implement Cuncil's previus directive: By-law Intrductin and set a date fr Public Hearing fr OCP Amendment. Apprval fr Temprary Cmmercial Use Permit t prceed t Public Ntificatin. DEVIATION FROM PLANS, POLICIES OR REGULATIONS The prpsed cmmercial use is nt cmpatible with the current r future land use in the area. RATIONALE OF RECOMMENDATION The initial Planning Reprt fr the prpsed Temprary Cmmercial Use Permit applicatin was frwarded t Cuncil n December 14, 2009 and subsequently referred back t staff t prepare the apprpriate by-law, limiting the prpsed use t a prtin f the site. The wner had previusly garnered supprt fr the prpsal frm eleven (11) lcal residents. The subject site is well-kept and the recreatinal vehicles are largely unnticeable frm the street due t existing trees and landscaping.

3 Staff Reprt t Cuncil Additinal Planning Cmments Page 3 RECOMMENDATION The Planning & Develpment Department recmmends that: 1. a By-law be intrduced t amend the Official Cmmunity Plan by declaring the subject site a Temprary Cmmercial Use Permit Area and a date fr Public Hearing be set. 2. Cuncil determine the pprtunities fr cnsultatin with persns, rganizatins and authrities that are cnsidered t be affected by the prpsed amendment t the Official Cmmunity Plan, as described in the Reprt, t be apprpriate t meet the requirement f Sectin 879 f the Lcal Gvernment Act. 3. Cuncil apprve Temprary Cmmercial Use Permit N (Appendix V) t prceed t Public Ntificatin. 4. Cuncil instruct staff t reslve the fllwing issues prir t final adptin: (a) (b) (c) (d) (e) ensure that all engineering requirements and issues including restrictive cvenants, and rights-f-way where necessary, are addressed t the satisfactin f the General Manager, Engineering; submissin f a site plan delineating the ne-acre prtin f the lt and the parking spaces fr the prpsed recreatin vehicle parking, as well as identifying well and septic lcatins n the subject prperty; submissin f a landscaping plan and landscaping cst estimate t the specificatins and satisfactin f the City Landscape Architect; submissin f a survey plan cnfirming the lcatin f the tp-f-bank f Latimer Creek in relatin t the prpsed strage use; and the wner submit an applicatin fr a business license. 5. Cuncil direct staff t bring frward this applicatin tw (2) mnths frm the date f apprval t prceed (i.e. first Cuncil meeting after May 22, 2010) fr cnsideratin f filing, if the cnditins have nt been adequately fulfilled by the applicant. REFERRALS Engineering: The Engineering Department has n bjectin t the prject subject t the cmpletin f Engineering servicing requirements as utlined in Appendix III.

4 Staff Reprt t Cuncil Agricultural Advisry Cmmittee (AAC): SITE CHARACTERISTICS Additinal Planning Cmments Page 4 This prject was cnsidered at the January 7, 2010 AAC meeting and the prpsed Temprary Cmmercial Use Permit was supprted with the fllwing recmmendatins: n ne may reside in the R.V.s while they are stred n the subject site; standard landscape buffering is required; a maximum f 50 recreatinal vehicles are permitted; and a business license shuld be btained. Existing Land Use: Five-acre suburban lt with existing single family dwelling and shed structures, and unauthrized, utdr recreatinal vehicle strage n a prtin. Adjacent Area: Directin Existing Use OCP Designatin Existing Zne Nrth: 3-acre heavily treed Suburban A-1 prperty with an existing single family dwelling. East: Vacant 5-acre suburban lt. Suburban A-1 Suth (Acrss 84 Avenue): West: 8-acre agricultural prperty with existing dwelling and greenhuse. Acreage lt with existing single family dwelling and 4-acre lt with existing dwelling and structures. Agricultural in the ALR A-1 Suburban A-1 DEVELOPMENT CONSIDERATIONS Backgrund At the December 14, 2009 Regular Cuncil Land Use meeting, Cuncil cnsidered a Planning Reprt fr a Temprary Cmmercial Use Permit (TUP) t allw fr the strage f recreatinal vehicles (i.e. fifth wheels, straight hit trailers, mtr hmes and bats) n the subject site. Staff recmmended that the applicatin be denied (see Appendix VIII). Fllwing a presentatin frm the applicant and his representative, Cuncil: Requested that staff review the unsightliness f the prperty t the west f the subject site [at Street]; Requested further infrmatin related t ther prperties in the City fr the parking and strage f recreatinal vehicles; and

5 Staff Reprt t Cuncil Additinal Planning Cmments Page 5 Referred the applicatin t staff t wrk with the applicant with further cnsideratin f a restricted apprach regarding the parking issue based n a defined area, and that the applicatin be brught back fr Cuncil's cnsideratin. (Reslutin RES. R ). Current Prpsal The applicant prpses t stre up t 40 recreatin vehicles (R.V.s) n a 0.40-hectare (1.0 acre) prtin f the subject prperty at the nrtheast crner (Appendix II). The applicant has stated that the site is nt a recreatinal vehicle (R.V.) park, campgrund r R.V. sales lt. The vehicles are fully licensed and insured by their respective wners and are unccupied. Staff have requested the applicant t prvide additinal infrmatin as part f the applicatin prcess (i.e., landscape plans, survey plan, lcating the riparian area), hwever, the applicant has yet t prvide these items. Additinally, the applicant has nt installed the Develpment Prpsal Sign, cntrary t staff's request n several ccasins. Cnditin f Adjacent Prperty t the West Cuncil mentined the unsightliness f the adjacent prperty t the west ( Street). By-law Enfrcement staff advise that the barn structures n the abutting site have either endured fire damage r have been cmpletely destryed. Bth By-law Enfrcement staff and Surrey R.C.M.P. members have visited the 188 Street site due t this unsightliness issue and ther unauthrized uses n the prperty. By-law Enfrcement staff cnfirm that the wners were issued a ntice indicating the requirement t remediate the barn t City standards r t demlish it and clean the site. The wner fulfilled the requirement within 30 days f the issuance f the ntice. Other Licensed R.V. Parking/Strage Sites in the City Strage f recreatinal vehicles, bth utdr and indr, is permitted in the IL Zne. There are a number f prperties and businesses that currently ffer recreatinal vehicle strage in Surrey (Appendix IX): U-Haul Self Strage prvides utdr nly R.V. strage at tw (2) Surrey lcatins: Avenue under CD (By-law N ); and Avenue under IL zning. Other licensed facilities that permit bth indr and utdr strage f recreatinal vehicles are: Newtn Self Strage ( Street) under IL zning; Strage fr Yur Life ( Avenue) under IL zning; and Bridgeview Self Strage ( Street) under CD (By-law Ns and 14166).

6 Staff Reprt t Cuncil Additinal Planning Cmments Page 6 Temprary Use Permit N t allw the utdr strage f recreatinal vehicles n tw (2) prperties in Suth Surrey was apprved by Cuncil n March 9, 2009 fr a perid f tw years. The sites (2743 and Street) will accmmdate apprximately 75 recreatinal vehicles. There are a number f R.V. Parks in Surrey that, in additin t perating as a campgrund, als permit the strage f recreatinal vehicles n a transient basis. These include Peace Arch R.V. Park, Dgwd Campgrund and R.V. Park and Tynehead R.V. Park. PRE-NOTIFICATION The applicant has yet t install the requested Develpment Prpsal Sign. Hwever, staff sent ut Pre-ntificatin letters n May 12, As indicated in the initial Planning Reprt, cnsidered n December 14, 2009, staff had received sixteen (16) letters r telephne calls frm prperty wners in the area wh expressed ppsitin t the prpsal. Prir t the Pre-ntificatin prcess, the wner had canvassed the neighburhd and had submitted eleven (11) letters f supprt frm the neighburing prperty wners. Subsequent t the December 14, 2009 Regular Cuncil Land Use meeting, staff have received six (6) letters frm neighburs ppsed t the prpsal. Five (5) f the letters were frm neighburs that had previusly stated their ppsitin, while the remaining letter f cncern was sent frm an area resident that was previusly in supprt f the prpsal. These are their main cncerns: apprval f the applicatin will set an undesirable precedent; inapprpriate land use fr a suburban residential area; the strage f the recreatin vehicles is an aesthetic eyesre; the City shuld enfrce the Zning By-law regulatins, as the wner is already perating an unauthrized use; and the prpsal cntradicts the visin f their cmmunity and wuld facilitate a deteriratin f the rich heritage and rural atmsphere f the Prt Kells area. PUBLIC CONSULTATION PROCESS FOR OCP AMENDMENT Pursuant t Sectin 879 f the Lcal Gvernment Act, it was determined that it was nt necessary t cnsult with any persns, rganizatins r authrities with respect t the prpsed OCP amendment, ther than thse cntacted as part f the pre-ntificatin prcess. CONCLUSION The subject applicatin was triggered as a result f by-law enfrcement actin. Staff have been requesting the applicant t submit the necessary dcumentatin and t install the Develpment Prpsal Sign, with n success t date. Meanwhile, hwever, the unauthrized strage f recreatinal vehicles cntinues n the subject site.

7 Staff Reprt t Cuncil Additinal Planning Cmments Page 7 In an effrt t advance this applicatin in accrdance with Cuncil's directive, staff are recmmending that a deadline f tw (2) mnths be instituted, similar t truck parking TUP applicatins. During this time, the applicant shuld submit the fllwing: a landscaping plan and landscaping cst estimate; a survey plan delineating the ne-acre prtin f the prperty and the parking spaces fr the prpsed recreatin vehicle parking, as well as identifying well and septic lcatins; a survey plan cnfirming the lcatin f the tp-f-bank f Latimer Cree in relatin t the prpsed strage use; an applicatin fr a business license; and a pht shwing the develpment prpsal sign has been installed n the subject prperty. Shuld the applicant nt adequately fulfill the cnditins f apprval, staff will request Cuncil file this applicatin and By-law Enfrcement will be requested t take actin t address the unauthrized parking n the subject site. INFORMATION ATTACHED TO THIS REPORT The fllwing infrmatin is attached t this Reprt: Appendix I. Lt Owners and Actin Summary Appendix II. Site Plan Appendix III. Engineering Summary Appendix IV. Agricultural Advisry Cmmittee Minutes Appendix V. Temprary Cmmercial Use Permit N Appendix VI. Prpsed OCP Amendment By-law Appendix VII. Licensed R.V. Strage Sites in Surrey Appendix VIII. Initial Planning Reprt dated December 14, 2009 Jean Lamntagne General Manager Planning and Develpment DN/kms v:\wp-dcs\planning\plncm10\ dn.dc. 3/18/10 5:06 PM

8 Page 1 APPENDIX I Infrmatin fr City Clerk Legal Descriptin and Owners f all lts that frm part f the applicatin: 1. (a) Agent: Name: Shayne Khan and Jarina Nisha Address: Avenue Surrey, BC V4N 3G5 Tel: Prperties invlved in the Applicatin (a) Civic Address: Avenue (b) Civic Address: Avenue Owners: Shayne Khan and Jarina Nisha PID: Lt 2 Nrth East Quarter Sectin 28 Twnship 8 New Westminster District Plan Summary f Actins fr City Clerk's Office (a) Intrduce a By-law t amend the Official Cmmunity Plan and declare the prperty a Temprary Cmmercial Use Permit and set a date fr Public Hearing. (b) Prceed with Public Ntificatin fr Temprary Cmmercial Use Permit N v:\wp-dcs\planning\plncm10\ dn.dc. 3/18/10 5:06 PM