Document Number: 217134

STAFF REPORT TO COUNCIL PLANNING AND DEVELOPMENT 1100 Patricia Boulevard, Prince George, B.C., V2L 3V9

DATE: November 28 2011

TO: MAYOR AND COUNCIL FROM: CHRISTIE BASALLE, PLANNER SUBJECT: Variance Permit Application No. VP100250 to waive the requirement for Portland

Cement Concrete Sidewalks required under Table 1, Section 7.3 of the City of Prince George Subdivision and Development Servicing Bylaw No. 7652, 2004 Applicant: L & M Engineering Limited for Fair Value Homes Ltd. Location: 9841 Milwaukee Way

ATTACHMENT(S): - Variance Permit

- Location & Existing Zoning Plan - Exhibit “A” to VP100250 - Supporting Documents

PURPOSE:

The applicant has requested that the City vary the requirement for concrete sidewalks as required in Table 1, Section 7.3 of the Subdivision and Development Servicing Bylaw No.7652, 2004. The applicant has applied to waive the requirement for a sidewalk along the frontage of the subject property. Background: Current Use: Undeveloped Site Area: 0.615 ha OCP Designation: Light Industrial Zoning: M2: General Industrial Servicing: Full City Services

RECOMMENDATION(S):

1. The Planning and Development Department recommends that Council approve Development Variance Application No. VP100250 for Lot 12, DL751, Cariboo District Plan 25498 to vary Table 1 of Section 7.3 of the City of Prince George Subdivision and Development Servicing Bylaw No. 7652, 2004 as follows:

a. Waive the requirement for Portland Cement Concrete Sidewalks; and,

b. The variance applies only to the provision of a sidewalk as shown on

Exhibit “A”.

CITY OF

PRINCE GEORGE

Document Number: 217134

Surrounding Land Uses: North: Industrial Use – Metal Recovery South: Greenbelt and Fraser River East: Vacant West: Industrial Use – Manufacturing/ Transportation Services DISCUSSION: The subject property is located within the BCR Industrial Subdivision. The applicant has submitted a Building Permit Application (BP036380), thereby triggering the provision of services outlined in the City of Prince George Subdivision and Development Servicing Bylaw No. 7652, 2004. The applicant is required to provide curb, gutter and sidewalk, boulevard landscaping, underground electrical power distribution, telecommunication, and a storm runoff collection system. The applicant is requesting to vary the sidewalk requirement along the frontage of 9841 Milwaukee Way, as there is a lack of sidewalks and pedestrian activity in the area. Additionally, the majority of properties along Milwaukee Way are developed, so the probability of adjacent developments constructing linking sidewalks along their property frontages is unlikely, resulting in a disconnected segment of sidewalk. The applicant has therefore applied to waive the provision of Portland Cement Concrete Sidewalks along the frontage of the subject property. The Department believes that this variance is acceptable as the current servicing levels in this area would not warrant a sidewalk along the subject property, and the Department does not anticipate a demand for this service in the future. REFERRALS: No concerns were raised as a result of the application referral process. ALTERNATIVES:

1. Approve the permit 2. Approve the permit as amended 3. Refuse the permit 4. Defer or otherwise deal with the application

SUMMARY AND CONCLUSION: The Planning and Development Department recommends that Council approve Development Variance Application No. VP100250 to vary Table 1, Section 7.3 of the Subdivision and Development Servicing Bylaw No. 7652, 2004 for the reasons discussed above.

Respectfully submitted:

Christie Basalle Planner Community Planning Division

To: Mayor and Council

~,,Qo.

. ~·::~~-(--::-~ -··· 7.,:.•r; -;-;;.

-::._~ ,.,_,v,_.'J.i._-:-

12

11

M I L W A U K E E W A Y

M I L W A U K E E W A Y

Path: \\Pc631\gisdev\Projects\CurrentPlannningApplications\DVP\VP100250_exhibitA.mxd - 29/11/2011 - 4:34:24 PM

Exhibit "A" to VP100250Lot 12, DL 751, CD Plan 25498 Geographic Information Systems Group

Coordinate System: NAD 1983 UTM Zone 10NProjection: Transverse Mercator

Datum: North American 1983

Waive requirement for construction of Portland cement concrete sidewalk.

VP100250Subject Property

Parcel

²

~ [] •

I i CITY OFPRINCE GEORGE I

~~ ·~c1~~ * ;,rnv , s 2011 J

DEVELOPMEN'lin¥tARIANCE APPLICATION CurrentPlanning& ~3ffl DeYelopment DiYision

Application Date: -4~.lL..-~-1--4-/ Date Complete Application Rec'd: ~F"'-'___;_;b/=+--H File Number: ~

Fee Collected: f g f0, ;_ Application Fee

Zoning Bylaw: one variance to AFO, RRS, SRS, URS, URT regulations.

'loning Bylaw: 2 or more variances to AFO, RRS, SRS, URS, URT regulations Jr for a variance to other zones

Subdivision and Development Servicing Bylaw No. 7652 or Manufactured Home Park Bylaw No. 6091 variance

Sign Bylaw No. 7202 variance

Applicant Information

Name of Applicant(s): l... f /1 EN ft l NE£(2.t N 6- LJ MI re:?_';:)

Address: 12.10 f ougrn m e PR, NC.E {rf:oR r;E BC TelephoneNumber{ Zs-o) S"bZ-1 °111 Fax: Czso) S};z-/ql;;/= Name of Owner(s): FA l R \/ A LUE HOt1E ~ (If different from Applicant)

D $ + D ~ Notification

• $ + • $: I Notification

18.$ ... + jiif'$ 1 Notification

• $: + • $: Notification

Address: z..99 :Z. 13,eRN.A-RD Ro/YD PRl"-:!Cl:: G-:t2h:BG-E RC. \JZN 'tel I

Property Information

Civic Address: 9 8 I.\ I M , , w At,\ l<EG: v✓ A--1 Legal Description: PtD 0of :;JZ883 DL ""f':,l LO-T l--Z PLAN 25 L/9B Existing Zoning: --.!.H...!..Z=-------------- -----------------­

This application is to vary:

a) Section(s) __ ---=C::,'--'-' -=Z ,,...., -=2 "'-"._,_I _______ ofBylawNo. +~52. b) Section(s) of Bylaw No. --------

Description of Proposed Variance (attach maps, plans and documents in support of the application where applicable):

'REP£(< TO ~ C..l..QSe:D LEn:ER t>A i}:?:D NO✓ l L/ ~OIi

Current Title Search: ~ Survey Certificate (if applicable): __

Letter of Consent from the Owner (if applicable): - ~><.,.__ Contaminated Site Profile: )( ---I/WE HEREBY DECLARE THAT ALL THE ABOVE STATEMENTS AND THE INFORMATION CONTAINED IN THE MATERIAL SUBMITTED IN SUPPORT OF THIS APPLICATION ARE TO THE BEST OF MY/OUR BELIEF TRUE AND CORRECT IN ALL RESPECTS.

~ Q-et/s,. foe..-- t,8?.'£:1 FJU/..s.Tf<!/M P.EJJli- NO-../ l'--1 2o// Si~ f Applicant Printed Name of Applicant Date

s;g.f.,~1 B J LL 1-J A'leR N{)V IL/ '2-o ll Printed Name of Owner Date

City of Prince George, 1100 Patricia Boulevard, Prince George, BC V2L 3V9 Telephone (250) 561-7611 Fax (250) 561-7721 Email: ServiceCentre@citv.pg.ca Website: www.citv.pg.bc.ca

F:\Fonns and Templates\CoPG FORMS\Development Variance Application.01.07.05.doc

APPOINTMENT OF AGENT

TO: CITY OF PRINCE GEORGE

I/WE, r-u\ ( \f a\v--e \-k>VYJes L:\-J. -1 \ l\i (_ -, hl O ' ~c ()S l 9/6 §?£ (Full name(s) of all registered owner(s) as shown 6n title to the lands)

the undersigned, being the registered owner(s) in fee simple of the following lands:

Parcel ldentifier(s): ()Q-:; - S'S~ -3fi5

001-S 11-gg:;

Legal Description: Lo~ r~ i Oc.~~\ll.,J_ LcA- 7-SL Plun ~s 4 q3, (ari'boo Or~\-·f(C

lot ld, 0,\\-:D-(ALo~ 1-S\:f,\/J~ d-SLJ Q}< (qr;!:x;)O t)s+riL+

DO HEREBY APPOINT AND AUTHORIZE:

__,_h,-1..,\~""-a.U.,__,_' '--"'e'-"-(--=0--'-"lu=-iv'~i~r):.,__Y\f..,,__,'~,__-,.....:.,.\f_,,f_,_( ~\,c._1 _,_f....,,,-'-'P'2.'1\l.c..~L.~-"-.!\L=).:..:h:Jc..L_ ________ , of

(Name of Agent) 1 '-.I

L ! h ~Orid')ePr-.'i'Y! L.\..&, \-;1_l0 h'';i: rl-h /~\fr2_., g, C, V ~L 3 IL/ (Address of Agent)1 ~ J ' · · ·

TO ACT AS MY/OUR AGENT and to act on my/our behalf with respect to all matters related to the following application(s) to the City of Prince George in connection with the above lands, including without limitation, to sign and file the application(s), to negotiate with officials and employees of the City, to enter into agreements and approve of conditions with respect to the application(s), and to represent and make submissions on behalf of the undersigned to City Council:

Application(s): \b~\~ \¼1u£>r ' ~ )lf Vo11i.e \~b'.JQ(, LlJ. I - ' •

AND I/WE HEREBY ratify, confirm and adopt as my/our own, the acts, representations, replies, agreements and commitments made on my/our behalf by the above named agent;

AND I/WE HEREBY declare that I/we have verified that all the information contained within this document and contained within all of the documents and plans submitted in support of the above listed application(s) are true and correct in all respects;

AND INCONSIDERATION OF the sum of $1.00 now paid by the City to the undersigned, and other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged by the undersigned), each of the undersigned hereby

Doc: 147828_v1 Rev. Jan, 2010

covenants and agrees to indemnify and save harmless the City of Prince George, its elected and appointed officials, employees and agents from and against all claims, liabilities, losses, costs and expenses of every nature whatsoever, in respect of anything done or not done by either the above named agent of the undersigned in connection with the above application(s), including without limitation the failure to comply with any and all agreements, conditions or other commitments, of the failure to observe any applicable bylaws, acts or regulations. This covenant will survive the expiry or termination of this appointment of agent, and is in addition to, and shall not prejudice, any other right or remedies of the City of Prince George.

Signed at. ________ _ _ this __ day of _ ____ _ _ _ , 20 __ .

IF REGISTERED OWNERS ARE INDIVIDUALS, USE THIS SIGNING BLOCK:

Signature Address

Printed Name

Signature Address

Printed Name

IF THE REGISTERED OWNER IS A CORPORATION, USE THIS SIGNING BLOCK:

~i, UcJup \\Jn1e-') L\-J,1 lnc__ . )\JO. 2COS \ ~~86 (Name of Company as shown on the title (o the lands)

by its authorized signatory(ies):

A,c ;~r; /7 Signatuf ~ (

/ b t \ \ p,(l~/ p( Printed Name '

Signature

Printed Name

I/we have authority to bind the company.

Doc: 147828_v1 Rev.Jan, 2010

/tt tL!vY ~~ ~ (f;.7v//

k:ll'f \lri\UE \kc>me~ L+J~ Address

}qc(a_ '6env,1,n~ y_J, Y.--if\Cf> (&)re,. , g l \Jd \~-J~2l

Address

I & ~ 1210 Fourth Avenue lllilllill Prince George, B.C. V2L 3J4

Tel. (250) 562-1977 ENGINEERING LIMITED Fax. (250) 562-1967

City of Prince George 1100 Patricia Boulevard Prince George BC V2L 3V9

Attention: Mr. Donald Parent, P.Eng., Approving Officer

Reference: Fair Value Homes

Dear Sir:

BP036380 - 9841 Milwaukee Way Development Variance Permit Application

Dat e: 14th November, 2011 File: 1256-08-00

On behalf of our client, Fair Value Homes, we enclose an application to vary the requirement for

concrete sidewalks for the above referenced industrial property.

Background

The subject property is situated at 9841 Milwaukee Way in the BCR Industrial Subdivision. The property is currently vacant and has been cleared. Fair Value Homes has submitted a building permit application (BP036380) to construct an office building on the property. In response to the appl ication, the City of Prince George (City) has identified the requirement to construct offsite works on t he perimeter road, Milwaukee Way as outlined in the October 20

th 2011 email from

Tanja Puhlmann. The email identifies that a concrete sidewalk and boulevard landscaping are required along the frontage of the property, approximately 65 meters in width.

Discussion

The industrial subdivision that the subject lot is situated in was constructed in 1979. The Subdivision Bylaw at that time did not require the construction of concrete sidewalks. The

requirement for concrete sidewalks on industrial roads was initiated in the 2004 version of the

Subdivision and Development Services Bylaw.

A review of PG Map reveals that there are no existing sidewalks south of the Simon Fraser Bridge (over 8km away). Installing a 65 metre segment of sidewalk will not provide a link to surrounding pedest rian networks. In addition, the majority of properties on Milwaukee Way are developed so the likelihood of adjacent developments constructing sidewalks on their properties is very unlikely.

For the reasons stated above, we wish to vary the requirement for constructing a concrete sidewalk.

In support of the application we have submitted the following documentation:

• Co PG Development Variance Applicat ion;

• Cheque in the amount of $1,000.00; e Current Title search;

• Letter of consent form the owner*; and

• Contaminated site profile* * (submitted previously on 13th June, 2011 for EDP Application).

Summary

Should you have any questions or require additional information please feel free to contact the undersigned directly.

Yours very truly, L&M ENGINEERING LIMITED

Terry Fjellstrom, P.Eng.

Vice President

Copy to: Mr. Bill Hayer, Fair Va lue Homes

Enclosures: As noted.

G \Job ~,•es\ 1:00\ 1256 · FAIR VALUf HOMES l/MJTE0\08 · Milwaukee Way - Env. Dev. Perm1t\Correspondence-\Sent\CoPG\ltr to O.Parent(11142011l docx

Document Number: 217247

DEVELOPMENT VARIANCE PERMIT NO. VP100250 1) This Development Variance Permit is issued to: Name: Fair Value Homes Ltd., Inc. No. 518886 Address: 2992 Bernard Road Prince George, B.C. V2N 4Z1 2) This Development Variance Permit applies to: Address: 9841 Milwaukee Way

Legal description: Lot 12, DL 751, Cariboo District Plan 25498

3) This permit is issued subject to compliance with all of the Bylaws of the City of Prince George applicable thereto, except as specifically varied by this permit.

4) This permit varies Table 1, Section 7.3 of the City of Prince George Subdivision and Development Servicing Bylaw No. 7652, 2004 as follows:

a) Waive the requirement for Portland Cement Concrete Sidewalks; and,

b) The variance applies only to the provision of a sidewalk as shown on Exhibit “A”.

5) If a Building Permit for the development permitted by this permit has not been issued and

construction substantially commenced within two years after the date of this permit’s issuance, this permit shall lapse.

6) This Development Variance Permit is not a Building Permit. Authorizing resolution passed by Mayor and Council on ____ day of __________, 201_ Issuance date:________________ Authorizing Signature: __________________

i CITY OF PRINCE GEORGE