mccall um-miller (via downie, attendance were a. thompson

FOR INFORMATION ONLY

REPORT OF THE COMMITTEE OF THE WHOLE MEETING HELD IN THE MUNICIPAL COUNCIL CHAMBERS ON MONDAY, NOVEMBER 23, 2020 AT 7:35 P.M.

Chair C. Leclerc presided. Members present were S. Bujtas, L . Christiansen (via videoconference), J. Cordeiro, B. Downie, J. McCall um-Miller (via videoconference), and E. Ramsay. Also in attendance were A. Thompson, Deputy Chief Administrative Officer and Clerk, D . Block, Director of Development Services, and A. Poole, Executive Assistant.

The Development Services Component of the Cammi ttee of the Whole meeting commenced at 7:35 p.m.

A. DEVELOPMENT SERVICES COMPONENT

1. DEVELOPMENT VARIANCE PERMIT NO. 11-2020 -KLASSEN (14 - 4305 LAKELSE AVENUE)

The Committee reviewed a November 23, 2020 report from the Director of Development Services regarding an application for a Development Variance Fermi t for the location at 14-4305 Lakelse Avenue.

On November 3, 2020, the City of Terrace received an application from Bonnie Klassen, property owner of #14-4305 Lakelse Avenue to construct a roof over a portion of an existing uncovered deck . The reason provided for requesting the variance was to make snow clearing easier in the winter.

The property is zoned R6 (Manufactured Home Residential) and is designated Urban Residential in the Official Community Plan. The property is located within Kermode Properties. Kermode Properties features a combination of manufactured homes, both mobile and modular, that are built to either a Z240 or an A277 CSA standard. These homes have been certified by an engineer from the factory and as such, do not require building inspection for structural integrity when arriving in Terrace.

C/W (Dev . Serv. Comp.), November 23, 2020

The subject property received a building permit for the existing 25.5 m2 uncovered deck on December 10, 2013. Mobile homes within Kermode Properties are now regulated by the Manufactured Home Park Bylaw (adopted 2016) which does not permit uncovered decks with areas over 9.0 m2 • This bylaw also stipulates a 15.85 m2 limit for all accessory additions such as decks, vestibules, and secondary landings. The intent of these size limits is to ensure accessory additions remain small enough that they are unlikely to be turned into habitable living spaces, and do not structurally modify engineer certified mobile homes.

Large accessory additions are characteristic of mobile homes in the Kermode Properties development. In 2016, when the Manufactured Home Park Bylaw established size restrictions for accessory additions, a number of mobile homes within the City of Terrace and several properties within Kermode Properties had pre-existing non-conforming accessory additions that exceeded current size restrictions. There have also been three similar Development Variance Fermi ts approved in Kermode Properties to allow for larger than permitted accessory additions since the adoption of the 2016 Manufactured Home Park Bylaw. For instance, in 2016 #32-4305 Lakelse Avenue was granted a Development Variance permit for a 29 m2

deck, 18 m2 of which was covered by a roof.

City staff recommended support for this application for the following reasons:

~ The proposed development will be suitable with the overall form and character of the surrounding residential neighbourhood;

~ Similar variances have in Kermode Properties been found to impact properties;

been approved and have not

neighbouring

C/W (Dev. Serv. Comp.), November 23, 2020

)-' Aside from the requested variance, the proposed accessory addition meets all other aspects of the Manufactured Home Park Bylaw including setback and site coverage requirements;

>-' The proposed covered deck cannot be enclosed and may not be used as additional habitable dwelling space; and

>-' No concerns had been raised by adjacent property owners in regard to this application.

A Public Notice was sent to owners and occupiers of adjacent properties within the specified distance as required in the Local Government Act R.S.B.C., 2015 (and amendments thereto), as per Section 499. The notice stated the location of the subject property, the nature of the proposed variance, and indicated the location at which any person(s) could review and comment on the permit application.

No responses were received from adjacent property owners regarding the Development Variance Permit application.

It was recommended that the City issue Development Variance Permit No. 11-2020 for the property located at #14 4305 Lakelse Avenue [Strata Lot 14, District Lot 368, Range 5, Coast District, Strata Plan PRS348] including the following variance:

>-' To vary Section 6. 6. e. Manufactured Home Park 2099-2016 and amendments

of Bylaw thereto

the No.

to increase the maximum permitted area of accessory additions for mobile homes from 15.85 m2 to 19.14 m2.

C/W (Dev. Serv . Comp.), November 23, 2020

2. DEVELOPMENT PERMIT NO. 15-2020 - CONSBEC INC. (201 BEAM STATION ROAD)

The Committee reviewed a November 23, 2020 report from the City Planner regarding an application for a Development Permit for the location at 201 Beam Station Road.

On November 3, 2020 Richard Walker, Vice President of Consbec Inc., applied for a Development Permit (DP) on behalf of Consbec Inc., for a 36 hectare (ha) area of District Lots 930 and 997, Range 5, Coast District.

These lands are located just inside the City of Terrace municipal boundary, south of the Northwest Regional Airport. They are Crown Land parcels for which Consbec Inc. has obtained a 20-year License of Occupation from the Ministry of Forest, Lands and Natural Resource Operations (FLNRO). They also received a permit from FLNRO to upgrade and use an existing logging road to the site.

District Lots 930 and 997 are split zoned ARl (Agriculture) and M2 (Heavy Industrial). The 36 ha area proposed for development by Consbec Inc. is primarily located within the ARl zone. In 201 7 the City of Terrace, approved an application by Consbec Inc., for a site-specific zoning amendment for these two District Lots to permit the "Manufacturing, General and Outdoor Storage, limited to explosives manufacturing and related operations".

Consbec Inc. is a drilling and blasting company with head offices in northern Ontario, providing services to a variety of industrial projects across Canada. The proposed facility includes a mobile bulk emulsions plant, explosives storage magazine and a steel Quonset building for maintenance and washing purposes. Consbec Inc. is anticipating it will clear only a portion of the 36 ha site and will upgrade an existing logging road for use


as access. This development is expected to provide bulk emulsion for anticipated industrial developments in Northwest BC.

Consbec Inc. intends to drill one and possibly two wells and bring in threephase power to the site. Until overhead power is available, they will be using temporary power provided by portable generators. The site will be primarily operated by one person on a part time basis. Due to the infrequent use of the site, Consbec Inc. is proposing to use a port-a-potty for sanitary waste. Wastewater from the washing of haul trucks will be contained in sealed onsite storage tanks that will be pumped out and hauled away by certified hazard waste haulers to an approved location.

The facility is essentially a mixing facility where non-explosive materials are combined to form the explosive. Emulsion based explosives are more stable and safer than traditional ammonium nitrate/fuel oil (ANFO) explosives. The explosive and detonation systems are stored onsite in approved explosive storage magazines.

Facilities such as these are subject to the Explosives Regulatory Division of Natural Resources Canada (NRCAN) . Consbec has been given "Approval in Principle" by NRCAN for a Division 1 Factory License for this site.

As per the Official Community Plan (OCP), Development Permits are required for all industrial developments; however, since the proposed facility is located well away from any other development, with limited access, and development is regulated by NRCAN, many of the OCP development permit guidelines associated with an industrial development do not apply. Therefore, staff recommended that this development be approved as per the site plan submitted by the applicant. Building permits will still be required


for the construction of some buildings on site.

The proposal met the intent of the OCP and Zoning Bylaw and the applicant has submitted all items required by staff for the processing of the permit.

Staff do not send out notifications to neighbouring properties when Development Permit applications are submitted.

It was recommended that Development Permit No. 15-2020 be issued to Consbec Inc. for an area covering 36 hectares of the properties legally described as District Lots 930 and 997, Range 5, Coast District (201 Beam Station Road) to permit the construction of mobile explosives manufacturing facility.

3. TEMPORARY USE PERMIT NO. 05-2020 SMS EQUIPMENT INC. (5313 & 5317 KEITH AVENUE)

The Committee reviewed a November 23, 2020 report from the City Planner regarding an application for a Temporary Use Fermi t for the locations at 5313 &

5317 Keith Avenue.

On November 3, 2020, Darren Oltmanns, Manager of Facilities and Projects for SMS Equipment Inc., acting as the agent for the property owner SMS Equipment Inc., applied for a Temporary Use Fermi t (TUP), to use the subject properties for temporary outdoor storage, without first establishing a Primary Use, on the properties.

SMS Equipment is an Alberta based industrial sales, rental, and service company that provides large industrial equipment for projects throughout Canada. They purchased the subject properties in anticipation of large industrial projects occurring in northwestern BC but have yet to commit to development of the property, citing the economy and development costs as barriers.


In 2013 SMS Equipment Inc. were permitted under a Development Permit (DP No. 12-2013), to locate four mobile trailer uni ts on the properties for use as temporary office space. The mobile uni ts were to provide temporary office workspaces for employees of SMS Equipment when they visited the region. DP No. 12-2013 expired in November 2015. At the time, a Development Permit was the only permitting mechanism available to permit this temporary use. In 2014, the City adopted Zoning Bylaw No. 2069-2014 which included guidelines for issuing a TUP. TUPs allow a use to be carried out on a property that is not permitted in the Zoning Bylaw for a temporary time period.

In 2016 SMS Equipment was issued TUP No. 03-2016 to allow the use to continue for a three-year period. Local Government Act, Section 497, permits TUPs to be issued for a maximum term of three years. TUP No. 03-2016 expired in April 2019, but SMS Equipment Inc. was subsequently issued TUP 02-2019 to continue the use of the four mobile trailers uni ts for temporary office space until November 15, 2020.

The properties are Zoned Ml (Light Industrial) and are located at the west end of Keith Avenue. They have a combined area of 1.6 ha (4 acres). This section of Keith Avenue is serviced by municipal water but not municipal sanitary sewer. To permit a permanent development on the properties sanitary sewer will need to be extended east from Skeena Street to the properties. Currently, the properties are undeveloped except for the four temporary mobile trailer uni ts that were joined to form a single structure. The four mobile units are located on the 5317 Keith property, with a 1.8 metre high chain link fence surrounding a cleared and graveled area that is approximately the north one third of the two properties.


SMS Equipment has requested the TUP to allow outdoor storage of industrial equipment and the four mobile trailer units. They have committed to disassemble the four uni ts for the purposes of storing the units on the properties. They have indicated that they have an agreement with Progressive Ventures to disassemble and weatherproof the units by early December. The industrial equipment SMS Equipment proposes to store on the property may include transport trucks, graders, bulldozers, rock trucks, and paving and compaction equipment.

A TUP is required in this situation because outdoor storage is a secondary use in the Ml zone and only permitted in association with a primary use being established on the property. Until such time as SMS Equipment fully develops the properties and establishes a primary use that would include the construction of a primary use building, outdoor storage would not be permitted with out a TUP and then only for limited time.

The conditions of the TUP include the establishment of a security deposit for a ma x imum three-year term with a one-time option for renewal. Under the terms of the previous TUP No. 02-2019 SMS Equipment provided a $30,000 security deposit to ensure the removal of the mobile uni ts from the property upon expiry. Since the mobile uni ts are going to remain on the property and additional industrial equipment may be added, staff recommended that the security deposit for this new TUP remain at $30,000. In addition, the TUP would allow the expansion of the storage area provided the area is fenced and that a vegetation buffer remain between the residential property along the south and west boundaries of the properties.


Considerations for issuing a TUP include community benefit from the proposed use, impact on the surrounding area, and consistency with land use plans and policies. The use is consistent with future land use plans and is compatible with the surrounding properties. Neighbouring lots to the east are zoned Ml and are currently being used for Light Industrial purposes. The lot to the north, across Keith Avenue, is zoned M2 (Heavy Industrial) . The properties to the west are zoned Rural Suburban Residential (RSl) and are separated by a vegetation buffer. The two immediately adjacent properties are currently vacant. The applicant has submitted all items required by staff for the processing of the permit.

As per the Local Government Act, one public notice appeared in the local newspaper on November 19, 2020 and was mailed to neighbouring property owners and occupiers. No public submission or enquiries were received.

The community benefit of SMS Equipment is nominal. Staff informed SMS Equipment that they would not allow the office to stay on the property as a temporary use.

It was recommended that Temporary Use Permit No. 05-2020 be issued to SMS Equipment Inc. for the properties legally described as Lot 25, District Lot 615, Range 5, Coast District, Plan 4490 (5313 Keith Avenue), and Lot 26, District Lot 615, Range 5, Coast District, Plan 4490 (5317 Keith Avenue) to permit the following use until November 23, 2023:

~ To temporarily use the subject property for the outdoor storage of industrial equipment related to the industrial equipment sales, rental and service company, SMS Equipment Inc., without first establishing a Primary Use on the property. The term shall be for 3 years.

C/W (Dev. Serv . Comp.), November 23, 2020

The November 23, 2020 Development Services Component of the Committee of the Whole Meeting adjourned at 8:15 p.m .

CERTIFIED CORRECT

Chair

mccall um-miller (via downie, attendance were a. thompson

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