STAFF REPORT TO COUNCIL Date: Tuesday, April 25, 2017 To: From: Chief Administrative Officer Nelson Wight, Manager of Planning Subject: Development Variance Permit: 2017-002 141B Aspen Drive (Lot 1 DL 4589 Kootenay District Plan NEP60574 PID 023-956-402) RECOMMENDATION THAT Council authorize notices to be sent to the owners, as shown on the assessment roll as of the date of application for the permit, and to any tenants in occupation, as of the date of the mailing or delivery of the notice, of each parcel, any part of which is the subject of the permit or is within a distance of 60 metres stating that at the Regular Meeting on June 5, 2017 Council will consider Development Variance Permit 2017-002 for 141B Aspen Drive (Lot 1 DL 4589 Kootenay District Plan NEP60574 PID 023-956-402) as shown on Schedule A to: Vary Sign Bylaw No. 839, 2001 to Vary Section 2.3.(b).(i) to permit two freestanding signs on a lot for the freestanding sign as detailed in the application form. PURPOSE The applicant, Michel-Natal-Sparwood Heritage Society (MNSHS), has applied for a Development Variance Permit to allow for two freestanding signs where one is only permitted in our sign bylaw. BACKGROUND 1. Proposed Sign The sign is 1.83 m (6 ft) tall and shows the silhouette of a coal miner with a directional arrow leading to the museum. See Figure 1 for a drawing of the sign.
Figure 1: Freestanding sign for MNSHS. 2. Description The new home for the MNSHS at 141B Aspen Drive is located on a lot that also houses the Sparwood Chamber of Commerce (CoC) and Visitor Information Centre (VIC). The variance is requested as the sign bylaw only allows one freestanding sign per property in a C-2 (Highway ) zone and there is already an existing sign for the CoC and VIC. 3. Site Context The property is zoned C-2, Highway, and has a future land use designation of in the Official Community Plan (OCP). The surrounding properties are designated as follows: Direction Zone OCP Designation Activity North C-4 Comprehensive Greenwood Mall
East South C-2 Highway C-2 Highway Sparwood Chamber of Commerce and Visitor Information Centre Ministry of Transportation and Infrastructure Rightof-Way. No development. West C-2 Highway Causeway Bay Hotel Variances Requested The table below summarizes the requested variance to those requirements of Sign Bylaw No. 839, 2001: Bylaw Section 2.3.(b).(i) Regulation Requested Variance Notes Permits one freestanding sign on a site. Allow for an additional freestanding sign on the property. INTERNAL CIRCULATION Application was circulated to staff on April 5, 2017. Any comments received will be circulated at the subsequent meeting. LEGAL/STATUTORY AUTHORITY Local Government Act [RSBC 1996] Chapter 323 Section 498 1(iii) Permits a local government to vary bylaws associated with signs LEGAL/STATUTORY PROCEDURAL REQUIREMENTS Local Government Act [RSBC 1996] Chapter 323 Section 499 Details requirements on providing notice to affected property owners and tenants. Before Council can consider DVP 2017-002, notice is required to be given to the owners, as shown on the assessment roll as at the date of application for the permit, and to any tenants in occupation, as at the date of the mailing or delivery of the notice, of each parcel, any part of which is the subject of the permit or is within a distance of 60 metres stating: a) in general terms, the purpose of the Permit; b) the land or lands that are the subject of the Permit;
c) the place where and the times and dates when copies of the Permit may be inspected; and d) the date and time that the Mayor and Council propose to consider adoption of a resolution to issue the Permit. If Council is willing to consider the variance at the June 5, 2017 meeting, notices must be mailed or otherwise delivered to owners and tenants within 60 m of the subject property by Wednesday, May 24, 2017. COMPLIANCE WITH CORPORATE STRATEGIES & POLICIES Development Application Procedures Bylaw Section 5 details notice and sign requirements. Section 7 details fees and refunds. Council has the opportunity to reject this application now before Staff sends notices to the surrounding owners and tenants. Rejecting the application now will also permit half of the application fee to be returned to the applicant. Schedule C contains the information and process for Development Variance Permits. FINANCIAL / BUDGETARY CONSIDERATIONS n/a PERSONNEL IMPLICATIONS n/a EXTERNAL AGENCY / PUBLIC COMMENTS n/a COMMUNICATION CONSIDERATIONS See notification details in Legal/Statutory Procedural Requirements. Information packages will also be available on our website and at the Main Office as outlined in the attached draft notice. In addition, one sign is required to be placed at the property detailing the proposed variance and showing contact information for inquiries.
OPTIONS 1. THAT Council authorize notices to be sent to the owners, as shown on the assessment roll as of the date of application for the permit, and to any tenants in occupation, as of the date of the mailing or delivery of the notice, of each parcel, any part of which is the subject of the permit or is within a distance of 60 metres stating that at the Regular Meeting on June 5, 2017 Council will consider Development Variance Permit 2017-002 for 141B Aspen Drive (Lot 1 DL 4589 Kootenay District Plan NEP60574 PID 023-956-402) as shown on Schedule A to: Vary Sign Bylaw No. 839, 2001 to Vary Section 2.3.(b).(i) to permit two freestanding signs on a lot for the freestanding sign as detailed in the application form. Or, 2. That Council not approve further consideration of the application. CONCLUSION Staff is recommending Option #1. Respectfully submitted, CAO s initials and comments: tm Nelson Wight, Manager of Planning Attachments: A. Draft DVP including Schedule A B. Notice to Community C. Rationale
Development Variance Permit: 2017-002 SECTION 1 PROPONENT Full Legal Name: Company Name (if applicable): Michel-Natal-Sparwood Heritage Society Mailing Address: City: Province: Postal Code: PO Box 1675 Sparwood BC V0B 2G0 SECTION 2 PROPERTY DESCRIPTION Civic Address: 141B Aspen Drive Parcel Identifier: 023-956-402 Lot: District Lot: Plan: Block: Folio: 1 4589 KD PLAN NEP60574 00818.210 Schedule Attached: YES NO Notes: DVP applicable to the freestanding 'miner' sign as detailed in the application. Zone: C-2 SECTION 3 PURPOSE OF PERMIT Residential Industrial Other: Description of Variance (general terms): Permit a second freestanding sign on the lot whereas only one is permitted in Sign BYlaw 839, 2001. SECTION 4 VARIANCE Section 2.3.(b).(i) in Bylaw No. 839 is hereby varied as follows: Two double-faced freestanding signs are permitted on the site. SECTION 5 TERMS AND CONDITIONS Box 520 156 Spruce Avenue, Sparwood BC V0B 2G0 Ph: 250.425.6271 www.sparwood.ca
Development Variance Permit Page 2 of 2 Permit Specific Conditions: DVP applies to sign detailed in the application. Expiration Date: This permit laspses within two (2) years following the date of issuance, if the holder of the permit does not substantially commence construction with respect to which the permit was issued. General Conditions: This Development Variance Permit is issued subject to compliance with all Bylaws of the Municipality applicable thereto, except as specifically varied by this Permit. This permit shall not have the effect of varying the use or density. Notice of this permit shall be filed in the Land Title Office at Kamloops, B.C. under Section 922(1) of the Local Government Act, and upon such filing, the terms of this permit or any amendment hereto shall be binding upon all persons who acquire an interest in the land affected by this permit. The application along with any siting, fencing, landscaping plans, exhibits, photographs, samples and written material submitted form a part of this permit. This permit applies only to those lands within the Municipality, and any and all buildings, structures and other development thereon, described in Section 2 of this permit. This permit prevails over the provisions of the Bylaw in the event of conflict. This permit is not a building permit; the applicant must apply separately for a building permit, sign permit, or other authorizations as required under the Bylaws of the District of Sparwood or other enactments. SECTION 6 AUTHORIZATION Date of Authorizing Resolution Passed By Council: Mayor Deputy Director of Corporate Services Application Fee Paid $400 Receipt: NOTES: Property File Number: n/a Permit Number: 156 Spruce Avenue, Box 520 Sparwood BC V0B 2G0 Ph: 250.425.6271 www.sparwood.ca
PUBLIC NOTICE Council for the District of Sparwood will at the Regular Meeting at 7:00 p.m. on May 15, 2017 will consider Development Variance Permit 2017-002 for 141B Aspen Drive (Lot 1 DL 4589 Kootenay District Plan NEP60574 PID 023-956-402) as shown on the reverse of this notice to: Vary Sign Bylaw No. 839, 2001 to: 1. Vary Section 2.3.(b).(i) to permit two freestanding signs on a lot for the freestanding sign as detailed in the application form. Applicant: Address: Michel-Natal-Sparwood Heritage Society PO Box 1675 Sparwood BC V0B 2G0 All persons who believe that their interest is affected by the proposed variance shall be afforded a reasonable opportunity to be heard in person, by a representative, or by written submission on the matters contained within DVP 2017-002 at the Regular Council Meeting. Written submissions may be sent to the District of Sparwood, Box 520, Sparwood, BC V0B 2G0. Electronic submissions by email should be sent to sparwood@sparwood.ca. Please note that due to potential email issues, all submissions sent by email should be confirmed by phone at the number listed below. These submissions must be received by no later than 4:00 p.m. on May 15, 2017 to ensure their availability to Council at the Regular Meeting. All submissions must include your name and street address and are considered public information, pursuant to the Freedom of Information and Protection of Privacy Act. The above Variance and related staff reports and background information may be inspected online at http://www.sparwood.ca/dvp or at the Municipal Office, 136 Spruce Avenue, Sparwood, B.C., during regular office hours of 8:30 a.m. 4:00 p.m. local time, Monday to Friday from May 1, 2017 May 15, 2017. Additional information may be obtained by contacting the Planning Department at 136 Spruce Avenue, 250.425.6271, or email sparwood@sparwood.ca. DVP 2017-002 Notice.docx Page 1 of 2
Nelson Wight, Manager of Planning Dated this XX day of May, 2017 DVP 2017-002 Notice.docx Page 2 of 2
Rationale for two Free-standing signs at 141 Aspen Drive The site accommodates two buildings: one houses the museum run by the Michel Natal Sparwood Heritage Society, and the other is the Visitor Information Centre, which is operated by the Sparwood Chamber of Commerce. Both groups lease portions of the site for their operations from the District of Sparwood, who own the property. Because of the different activities in each of the buildings, it is necessary that there be signage to distinguish that difference for the public. While there are opportunities to do so using other sign provisions in the Sign Bylaw (e.g. fascia signage, etc.), there are two main reasons why we are requesting that an additional free-standing sign is necessary: (a) we commissioned the creation of this sign for our former site, and it seems a waste to not use it for this site as well, given its utility and beauty; (b) this free-standing sign is more effective in communicating to those travelling along Aspen Drive where we are located.