Committee of the Whole - Development Services - 13 Dec

AGENDA

Committee of the Whole - Development Services Meeting

7:30 PM - Monday, December 13, 2021

Municipal Council Chambers

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Page

1. COMMITTEE OF THE WHOLE

1.1. Planning Manager – Development Permit No. 16-2021 – 4603 Keith Ave

(TDL Group Ltd./Dillon Consulting Ltd.) Memo - Development Permit No. 16-2021- 4603 Keith Ave (TDL Group Ltd/Dillon Consulting Ltd)

2 - 10

1.2. Planning Manager – Temporary Use Permit No. 07-2021 – 5412 and

5414 Highway 16 (Monster Industries Ltd.) Memo - Temporary Use Permit No. 07-2021 – 5412 and 5414 Highway 16

11 - 17

1.3. Planning Manager – Official Community Plan and Zoning Bylaw

Amendments – 5414 Highway 16 West (Monster Industries Ltd.) Memo - OCP and Zoning Bylaw Amendment - 5414 Highway 16 West

18 - 20

Page 1 of 20

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City of Terrace

COUNCIL REPORT Committee of the Whole - Development

Services

MEETING: Committee of the Whole - Development Services - 13 Dec 2021

TO: Kris Boland, CAO for Mayor & Council

FROM: Ken Newman, Planning Manager SUBJECT: Development Permit No. 16-2021 - 4603 Keith Ave (TDL Group Ltd./Dillon

Consulting Ltd.) ATTACHED: DP 16-2021 Tim Hortons

RECOMMENDATION(S): That Development Permit No. 16-2021 be issued to TDL Group Ltd. for the property legally described as Lot 1 District Lot 360 Range 5 Coast District Plan 42116 located at 4603 Keith Avenue to permit the construction of the proposed restaurant.

PURPOSE: To consider approval of a Development Permit (DP) application to permit the redevelopment of the new Tim Hortons restaurant building at 4603 Keith Avenue. The DP is required to ensure the integration of best practices in design for development on commercial lands and to assess that the proposal is compatible with the guidelines under the Official Community Plan.

BACKGROUND INFORMATION: On December 2, 2021, Dillon Consulting Ltd. submitted an application for a DP for the property located at 4603 Keith Avenue on behalf of the property owner, TDL Group Ltd. The property owner is proposing to reconstruct the Tim Hortons restaurant, which had been destroyed by fire in 2019. The agent has indicated the work is to commence next spring with anticipated re-opening of the restaurant by September 2022. The proposed restaurant will be built on the same footprint as the previous Tim Hortons. The Gross Floor Area is 2,700.5 ft2 and will provide 44 seats to patrons. The existing landscaping, parking, and the drive-thru configuration was not impacted by the fire and is not proposed to change. Changes have been made to the building design. This restaurant will be designed in the Tim Hortons ‘arena theme’ which incorporates elements of hockey into the interior and exterior. The exterior finishes will be typical of Tim Hortons, using brick and mortar, aluminum siding in an earth tone color scheme with accents of red and deep brown. Height of the building is slightly taller than the previous

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Planning Manager – Development Permit No. 16-2021 – 4603 Keith Ave (TDL ... Page 2 of 20

building, which is to mask the mechanical equipment located on the roof. The proposed height meets the maximum height regulation for principal buildings under the Zoning Bylaw. The outside patio is slightly larger and will provide seating for an additional 14 patrons. The existing drive-thru menu boards will be upgraded with new digital menu boards. The addition of two bike parking spaces will be incorporated into the site as required under the parking regulations of the Zoning Bylaw.

DISCUSSION AND ANALYSIS: A building permit has been submitted and is currently under review. Building Inspection staff have reviewed the application for code issues and have no concerns.

The applicant is required to apply for a sign permit for the proposed signage. To date, a Sign Permit Application has not been submitted and signage will be considered as part of that separate application review process. The property is designated Commercial under the Official Community Plan and is within the Commercial DP Area. The Commercial DP Area ensures the coordination and integration of best practices in design and the general character for development on commercial lands. It is also intended to ensure that commercial development is visually attractive and compatible with the surrounding properties and is buffered from adjacent residential uses. It is noted that improvements could be made to support pedestrian movement within the parking area. Therefore, it is recommended that the following conditions be added to the permit.

1. Paint a 2.5-metre-wide zebra crossing lines from the northeast corner of the building to Kalum Street, to caution pedestrian movement in front of the drive-thru entrance to the patio;

2. Repaint all parking lines; and 3. Maintain landscape buffer by replacing any unhealthy shrubs, re-seeding grass, and re-edging

lawn that is encroaching into city sidewalk/road areas.

FINANCIAL IMPLICATIONS: There are no financial implications associated with this report.

COUNCIL STRATEGIC FOCUS AREA(S):

☐ Increase City Revenues ☐ Responsible Asset Management ☐ Value our Natural Assets & Lifestyle ☐ Enhance Civic Pride ☐ Advocate for Community, Social & Environmental Issues ☐ Manage the Impacts of Growth ☒ Not Applicable

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COMMUNICATIONS: No notifications are required under the Local Government Act.

SUMMARY AND CONCLUSION: The proposed development meets the guidelines set out in the Official Community Plan and the proposed use, siting, and building design complies with the C3 Zone. Therefore, staff recommend Council support the issuance of the Development Permit with a security of $5,000 to ensure the terms of the permit are met.

Prepared by: Jennifer MacIntyre

Approved by Status: Ken Newman, Planning Manager Approved - 07 Dec 2021 David Block, Director of Development Services Approved - 08 Dec 2021 Ashley Poole, Executive Assistant Approved - 08 Dec 2021 Kris Boland, Chief Administrative Officer Approved - 08 Dec 2021

AGENDA ITEM #1.1.


CITY OF TERRACE DEVELOPMENT PERMIT

NO. 16-2021 Issued to: The TDL Group Ltd., Inc. No. A43475

(Owner as defined in the Local Government Act, hereinafter referred to as the Permittee)

Address: 7460 – 51st Street SE, Calgary, AB T2C 4B4 1. This Development Permit applies to those lands within the City of Terrace

described as:

Lot 1, District Lot 360, Range 5, Coast District, Plan PRP42116 [4603 Keith Avenue]

(THE LAND) for the following development:

New Construction of a Tim Hortons Restaurant

2. This Development Permit is issued subject to compliance with all of the Bylaws of the City of Terrace applicable thereto.

3. TERMS & CONDITIONS: Subject to Section 489 of the Local Government Act the Land described herein

shall be developed in accordance with the development permit guidelines contained in the Official Community Plan, the attached Schedule “A” and the following:

a) Paint 2.5-metre-wide zebra crossing lines from the northeast corner of the

building to Kalum Road, to caution pedestrian movement in front of the drive-thru entrance to the patio.

b) Repaint parking lot lines.

c) Replacement of any unhealthy shrubs, reseed lawn where needed, and re-edge lawn that is encroaching onto city sidewalk/ roads.

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4. As per Section 502 of the Local Government Act the City of Terrace reserves the right to take letters of credit or security deposits for landscaping, for completion of unfinished landscaping requirements, for carrying out any construction required to correct an unsafe condition, or for repairing damage to the natural environment that has resulted as a consequence of a contravention of a condition in a development permit.

5. As a condition of the issuance of this permit, the City requires that the applicant for

the permit provide a security deposit in the amount of $5,000.00 to guarantee the performance of the terms of the permit.

6. This permit shall lapse if the permittee does not substantially commence the construction of the development permitted by this permit within twelve (12) months of the date of this permit, and complete construction within two (2) years.

7. Terms of this permit, or any amendment to it, are binding on all persons who

acquire an interest in the land affected by this permit.

8. This permit is not a building permit. 9. This permit is not a sign permit. Authorising Resolution passed by Council this day of ,2021. Issued this day of , 2021 ________________________________ Clerk

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Schedule A

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Schedule A

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Schedule A

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Schedule A

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City of Terrace


Services



FROM: Ken Newman, Planning Manager SUBJECT: Temporary Use Permit No. 07-2021 – 5412 and 5414 Highway 16

ATTACHED: TUP 07-2021 5412 & 5414 Hwy 16 (Monster Ind.)

RECOMMENDATION(S): That Temporary Use Permit No. 07-2021 be issued to Monster Industries Ltd. for the properties legally described as: Lot 3 and Lot 6, District Lot 1745, Range 5, Coast District, Plan 1016 (5412 and 5414 Highway 16) to permit the following use for a term of one year, ending on December 31, 2022:

• To operate a light industrial business activity for the specific uses of light manufacturing, welding, machine or metal fabrication, trade contracting and outdoor storage of industrial materials and equipment related to the operations of a construction and maintenance company, Monster Industries Ltd.

PURPOSE: To temporarily permit a M1 – Light industrial uses of light manufacturing, welding, machine or metal fabrication, trade contracting and outdoor storage of industrial materials and equipment, for a period of one year ending December 31, 2022, on a property zoned C3 – Service Commercial.

BACKGROUND INFORMATION: The subject properties are both zoned C3 – Service Commercial, located on the north side of Highway 16 east of Earle Street. The 5412 Highway 16 property fronts Highway 16, with the 5414 Highway 16 property located directly behind it with an approximately 6 m wide undeveloped road dedication providing frontage to a highway along the western boundary of this property.

The properties are both 0.477 ha (1.18 ac) is size. The only building on the properties is the former commercial garage building on the 5412 Highway 16 property that was previously occupied as an aircraft hanger and office for White River Helicopters.

In 2018 Monster Industries leased the subject properties from Progressive Ventures Ltd. and in October 2018 was granted a one year Temporary Use Permit (TUP) for a light industrial use. In

AGENDA ITEM #1.2.

Planning Manager – Temporary Use Permit No. 07-2021 – 5412 and 5414 High... Page 11 of 20

November 2019 Monster Industries purchased the properties from Progressive Ventures Ltd. and applied for a renewal of the TUP requesting a two year permit. In October 2019 Monster Industries was granted a TUP that expired on October 31, 2021. At the time of their 2019 TUP renewal application, Monster Industries provided a supporting letter that outlined their plans to work with the City to locate their operations to 5414 Highway 16, rezone the property to M1, dedicate land and construct a road to access the property and construct a 6000 ft² building on the property.

DISCUSSION AND ANALYSIS: Staff on several occasions communicated with Monster Industries about their long-term plans for the property and to remind them that their TUP was expiring on October 31, 2021. In early October, Kyle Thomson, owner of Monster Industries provided some explanation for their delays in accomplishing their plans as outlined in 2019 and acknowledged they were not going to complete any of them before the expiry of the TUP. Mr. Thomson applied for a new TUP to permit the light industrial use to continue temporarily while their OCP and Zoning applications were processed. Following discussions with Mr. Thomson, staff supported consideration of the rezoning application of 5414 Highway 16 to Light Industrial and an application for a TUP in the event he would submit an application for the OCP/rezoning and commit to specific timelines for the construction of the road access and provide a substantial security deposit. Mr. Thomson agreed to the terms of support for the TUP as proposed by staff and has submitted a rezoning application that will appear on the December 13, 2021 Council agenda . The conditions in the TUP include, the dedication of land for and the construction of the road to access the 5414 Highway 16 property. The terms of the TUP are outlined in the attached permit.

FINANCIAL IMPLICATIONS: There are no financial implications associated with this report.


☐ Increase City Revenues ☐ Responsible Asset Management ☐ Value our Natural Assets & Lifestyle ☐ Enhance Civic Pride ☐ Advocate for Community, Social & Environmental Issues ☐ Manage the Impacts of Growth ☒ Not Applicable

COMMUNICATIONS: As per Local Government Act, Section 494, a public notice appeared in the December 9, 2021, issue of the Terrace Standard Newspaper. A public notice was also mailed to the neighbouring property owners and residents. No responses or enquiries had been received at the Planning Department at the time this report was submitted.

AGENDA ITEM #1.2.


SUMMARY AND CONCLUSION: Monster Industries Ltd. has applied for a Temporary Use Permit (TUP) to permit them to continue to operate their M1 use on a C3 zoned property for one year. Staff is recommending support for this TUP subject to several conditions, including submitting an application to rezone 5414 Highway 16 to M1, to constructing an access road to City standard and providing a substantial security deposit to guarantee the terms of the permit.

Prepared by: Ken Newman

Approved by Status: David Block, Director of Development Services Approved - 08 Dec 2021 David Block, Director of Development Services Approved - 08 Dec 2021 Ashley Poole, Executive Assistant Approved - 08 Dec 2021 Kris Boland, Chief Administrative Officer Approved - 10 Dec 2021

AGENDA ITEM #1.2.


CITY OF TERRACE TEMPORARY USE PERMIT

NO. 07-2021 Issued to: Monster Industries Ltd. (Owner as defined in the Local Government Act, hereinafter referred to as the Permittee)

Address: Box 1446 (1420 Morice River Forest Service Road), Houston, BC V0J 1Z0

1. This Temporary Use Permit applies only to those lands within the City of Terrace shown as hatched on the attached Schedule ‘A’ and legally described as:

Lot 3 and Lot 6 of District Lot 1745, Range 5, Coast District, Plan 1016 [5412 & 5414 Highway 16 West]

(THE LAND) for the following temporary use:

To operate a light industrial business activity for the specific uses of light manufacturing, welding, machine or metal fabrication, trade contracting and outdoor storage of industrial materials and equipment related to the operations of a construction and maintenance company, Monster Industries Ltd., until December 31, 2022.

2. This Temporary Use Permit is issued subject to compliance with all of the Bylaws of the City of Terrace applicable thereto and the following terms and conditions:

i. The hours of operation shall be limited to the following:

i. 8:00 am – 7:00 pm Monday to Saturday ii. The use must be operated such that the impact of any noise related to the

temporary use operation on neighbouring residential and public accommodation service properties is minimized and in accordance to the City of Terrace Noise Control Bylaw No. 2100-2016.

iii. Outdoor storage of any materials or equipment related to the temporary use must be screened according to Section 5.0 of Zoning Bylaw No. 2096-2014.

iv. Lighting installed to facilitate the operations of the temporary use shall not cast beyond the properties subject to this Temporary Use Permit to reduce impact on neighbouring properties.

v. That Monster Industries apply to amend the Zoning Bylaw, to change the zoning of 5414 Highway 16 to M1-Light Industrial and to change the Official Community Plan (OCP) land use designation to Industrial.

AGENDA ITEM #1.2.


Monster Industries Ltd.(5412 & 5414 Hwy 16 W) Temporary Use Permit No. 07-2021

vi. Provide confirmation that a B.C. Land Surveyor (BCLS) has been engaged to have a reference plan prepared to the satisfaction of the City of Terrace, as per Section 107 of the Land title Act, that dedicates as road, 13.9 metres width, on the west boundary of 5412 and 5414 Highway 16, for future municipal road providing access to 5414 Highway 16 (approximately 70 metres length), and that the Section 107 road dedication is submitted to the City of Terrace Approving Officer for approval by March 31, 2022.

vii. That Monster Industries enters a City of Terrace Servicing Agreement to engage a qualified engineer and construct the municipal road and extend services to the property at 5414 Highway by March 31, 2022.

viii. That the construction of the municipal road is complete, and all services (deep and shallow utilities) are installed prior to the expiry date of this permit.

ix. That Monster Industries relocate its operations to 5414 Highway 16 prior to the expiry of this permit unless a renewal of this permit is granted. A renewal of this permit will only be considered after satisfactory completion of items vi to viii.

3. This permit is issued for this proposal and the temporary use described in

Section 1 only.

4. Subject to Section 493 of the Local Government Act the Land described herein shall be developed in accordance with the terms and conditions of this permit and any plans and specifications attached to this permit as Schedule “A” shall form part of the Permit.

5. As per Sections 496 and 502 of the Local Government Act the City of Terrace

reserves the right to establish a security deposit to guarantee performance of the terms and conditions of the permit. The security deposit can be established by cash, cheque or irrevocable letter of credit. The $10,000 in security deposit held as part of expired TUP No. 03-2019 will be carried forward and will apply to this permit.

6. In addition to the $10,000 security deposit described in Section 5 of this permit, an

additional security deposit in the amount of $100,000 must be provided to guarantee the terms outlined in Section 2, vi to ix of this permit. The $100,000 in security deposit will be refunded upon Monster Industries Ltd. signing a Service Agreement with the City of Terrace by March 31, 2022.

In the event that the application to amend Zoning Bylaw No. 2069-2014 and Official Community Plan (OCP) Bylaw No. 2142-2018 to change the zoning and land use designation of 5414 Highway 16 is not successful, the $100,000 security deposit will be returned to Monster Industries and the terms in Section 2, vi to ix of this permit will no longer apply.

7. This permit will not be deemed to be issued until the security deposit required in

Section 6 of this permit has been submitted to the City of Terrace.

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8. This permit will not be deemed to be issued until a valid business license has been issued for the temporary use operation on the subject property.

9. This permit and any related business license may be revoked if any of the

conditions of the permit are violated.

10. The Permit will expire 4:00 PM on December 31, 2022. 11. An application for a renewal of this permit will only be considered for a maximum

term of two years. A renewal application must be received 30 days in advance of the expiry of this Permit, otherwise this Permit will not be eligible for renewal. Receipt of an application does not guarantee renewal.

12. Terms of this permit, or any amendment to it, are binding on all persons who

acquire an interest in the land affected by this permit.

13. This permit is not a building permit.

14. This permit is not a sign permit.

Authorising Resolution passed by Council this 13th day of December, 2021. Issued this day of December, 2021. ________________________________ Clerk

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SCHEDULE ‘A’

AGENDA ITEM #1.2.


City of Terrace


Services



FROM: Ken Newman, Planning Manager SUBJECT: OCP and Zoning Bylaw Amendments - 5414 Highway 16 West

RECOMMENDATION(S): That a bylaw to amend Official Community Plan Bylaw No. 2142-2018 by amending Schedule B – Future Land Use to change the land use designation from General Commercial to Industrial and by amending Schedule C – Development Permit Areas by removing the designation as Development Permit Area No. 5 – Commercial, and adding the designation for Development Permit Area No.6 – Industrial for the property legally described as Lot 6, District Lot 1745, Range 5, Coast District, Plan 1016 (5414 Highway 16) proceed to Council for consideration of first and second reading; and

That a bylaw to amend Zoning Bylaw No. 2069-2014 by changing the Zoning from C3 – Service Commercial to M1 – Light Industrial for the property legally described as Lot 6, District Lot 1745, Range 5, Coast District, Plan 1016 (5414 Highway 16) proceed to Council for consideration of first and second reading.

PURPOSE: To amend the Official Community Plan (OCP) and Zoning Bylaw for the property at 5414 Highway 16. The amendments would change the OCP land use designation from General Commercial to Industrial and change the Development Permit Area designation from Commercial to Industrial for the subject property. To also change the zoning of the subject property from C3 - Service Commercial to M1 – Light industrial to permit a proposed light industrial development on the property.

BACKGROUND INFORMATION: The subject property is zoned C3 – Service Commercial and is located on the north side of Highway 16 between Frank Street and Earle Street behind the property addressed as 5412 Highway 16, which is also zoned C3. Monster Industries Ltd. owns both properties and have been using the properties as a single site under the terms of a temporary use permit. Both properties are 0.477 ha (1.18 ac) is size. The 5412 Highway 16 property directly fronts Highway 16, with the 5414 Highway 16 property located directly behind it with an approximate 6 m wide undeveloped road dedication providing access to the highway along the western boundary of the two properties.

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Planning Manager – Official Community Plan and Zoning Bylaw Amendments –... Page 18 of 20

The only building on the properties is the former commercial garage building on the 5412 Highway 16 property that was occupied for many years and used as an aircraft hanger and office for White River Helicopters. In 2018 Monster Industries leased the subject properties from Progressive Ventures Ltd. and in October 2018 was granted a one year Temporary Use Permit (TUP) for a light industrial use. In November 2019 Monster Industries purchased the properties from Progressive Ventures Ltd. and applied for a renewal of the TUP requesting a two-year permit. In October 2019 Monster Industries was granted a TUP that expired on October 31, 2021. As part of their renewal application in 2019, they provided a supporting letter that outlined their plans for the properties including their wish to work with the City to locate their operations to 5414 Highway 16. In addition to this OCP and Zoning amendment application, Monster Industries has also applied for a new TUP application that will appear on the December 13, 2021 Council agenda.

DISCUSSION AND ANALYSIS: Staff on several occasions, beginning in early 2021, communicated with Monster Industries about their long term plans for the property and to remind them that their TUP was expiring on October 31, 2021. In early October, Kyle Thomson, owner of Monster Industries provided some explanation of their delays in accomplishing the plans they had outlined in 2019 and acknowledged they were not going to complete any of them before the expiry of the TUP. Mr. Thomson submitted an application for another TUP to permit them to continue to operate on the commercial zoned properties while the OCP and Zoning amendments are processed. During discussions with Mr. Thomson, staff determined to consider support for a new TUP application if Monster Industries would apply to rezone 5414 Highway 16 to M1, which would permit their operation to move to the subject property for the long term. Staff supports the OCP and Zoning amendments for the subject property as the property doesn’t directly front the highway and the 5412 Highway 16 property would remain zoned for commercial uses. The property is adjacent to the north and east to the Skeena Sawmills property that is zoned M2 – Heavy Industrial and therefore the proposed amendments are considered to be compatible. For Monster Industries to achieve their long-term plans of locating their light industrial, fabrication and manufacturing operations on the 5414 Highway 16 property they will need to construct a municipal road to extend utilities and create an access to this property. Commitments to follow through with the construction of the road dedication and construction are contained in the terms of the TUP.

FINANCIAL IMPLICATIONS: There are no financial implication associated with this report.


☐ Increase City Revenues ☐ Responsible Asset Management ☐ Value our Natural Assets & Lifestyle ☐ Enhance Civic Pride

AGENDA ITEM #1.3.


☐ Advocate for Community, Social & Environmental Issues ☐ Manage the Impacts of Growth ☒ Not Applicable

COMMUNICATIONS: Following the initial readings of the bylaws, a public notice will be circulated and the date set for a Public Hearing to be held regarding the proposed bylaw amendments. As this property is located within 800 metres of a Controlled Access Highway, and as per the Transportation Act, the bylaw must also be referred to the Ministry of Transport & Infrastructure (MoTI) for review and approval prior to adoption.

SUMMARY AND CONCLUSION: Monster Industries Ltd. has applied to amend both the OCP and Zoning Bylaw. The amendments will change the OCP land use designation to Industrial and change the Development Permit Area to Industrial. The changes to the Zoning Bylaw will change the property zoning from C3 to M1. These changes will support the move of Monster Industries operations from the temporary location, at 5412 Highway 16, to their property at 5414 Hwy 16 and enable their industrial use to be established for the long-term.

Prepared by: Ken Newman

Approved by Status: David Block, Director of Development Services Approved - 08 Dec 2021 David Block, Director of Development Services Approved - 08 Dec 2021 Ashley Poole, Executive Assistant Approved - 08 Dec 2021 Kris Boland, Chief Administrative Officer Approved - 10 Dec 2021

AGENDA ITEM #1.3.


Documents

Committee of the Whole - Development Services - 13 Dec