REPORT TO: Council FOR: Regular Meeting. PRESENTED: April 1, 2008 FILE: , Byl 1932 & 1936

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1 DISTRICT OF SQUAMISH REPORT TO: Council FOR: Regular Meeting PRESENTED: April 1, 2008 FILE: , Byl 1932 & 1936 DEPARTMENT: Planning Department SUBJECT: First and Second Readings for Bylaws 1932 (rezoning) and 1936 (OCP amendment), 1000 Industrial Way Recommendation: That the District of Squamish Council give First Two Readings to District of Squamish Official Community Plan Bylaw No. 1536, 1998 Amendment Bylaw No. 1936, 2006 (1000 Industrial Way) And that the District of Squamish Council give First Two Readings to District of Squamish Zoning Bylaw No. 1342, 1995, Amendment Bylaw No. 1932, 2006 (1000 Industrial Way) And that should Council adopt Bylaws 1936, 2006 and 1932, 2006 the developer s contribution of $200,000 to the District is required in advance of adoption, and that the funds are to be allocated to a District project that will upgrade the Discovery Trail including installation of two bridges (on north and south sides of Industrial Way) across the Hwy 99 ditch to improve alignment of the trail with pedestrian crossing of Industrial Way And that the District of Squamish Council schedule a Public Hearing Date of April 15, 2008 for District of Squamish Official Community Plan Bylaw No. 1536, 1996 Amendment Bylaw No. 1936, 2006 (1000 Industrial Way) and District of Squamish Zoning Bylaw No. 1342, 1995, Amendment Bylaw No. 1932, 2006 (1000 Industrial Way). CAO Recommendation: Concur with Planning Department Report and Recommendation. K. Anema, CAO 1. Purpose: For Council to consider first and second readings of the rezoning bylaw and OCP amendment bylaw that are associated with the subject application. Page 1

2 2. Time Critical: The applicant is eager to move ahead with the council consideration of the application. 3. Background: Current Development Application ( Subject Application ) and Site Information Staff received the subject application in March 2006 from Besharat Friars Architects, on behalf of owners Taina Gateway Two Developments Inc. The site is located at the north west corner of Highway 99 and Industrial Way, as shown in Figure 1 below. Figure 1 Site Location Map: 1000 Industrial Way Subject property Previous Council direction received on the subject application Council provided the following direction to staff regarding this application in July 2007: THAT Council directs staff to restrict retail and office uses in the bylaws for OCP amendment (Business Park Gateway designation) and rezoning (CD zone) for 1000 Industrial Way (Lot 93 DL 1305 Group 1 Plan 20132) as per the intent of the Business Park Sub Area Plan, as follows: N Page 2

3 Retail uses: restrict to home improvement retail and building supply retail Office uses: restrict to business office uses The zone has been drafted according to Council s direction regarding uses. Policy Context The subject property is designated Industrial in the Squamish OCP (the whole Business Park is designated Industrial). The Business Park Sub Area Plan makes provision for limited commercial development along the Highway 99 frontage on the lands designated as Specialized Highway Commercial, and includes the subject property. The commercial development in this frontage area is restricted to large format retail outlets and automobile oriented commercial activities. We have included the land use plan from the Business Park Sub Area Plan for reference, as Attachment 4. The property is zoned Light Industrial (I-1) and is in Development Permit Area 5 Highway 99 Corridor. The relatively small acre (35,371 sq ft) subject property would not have adequate capacity to accommodate in an acceptable form the Specialized Highway Commercial development prescribed in the plan, which requires minimum 30,000 square foot buildings (or 10,000 square foot tenancies) in a power centre configuration. The plan does make provision for smaller parcels that are designated as Specialized Highway Commercial, for commercial operations with tourist focus that cater to the traveling public (e.g. hotel/motel, tourist info centre, recreation facilities) that do not meet the applicant s intent. In order to accommodate the proposed development the applicant proposes an OCP amendment to the Squamish Business Park Sub Area Plan to allow for Gateway development in the Business Park. Staff support an OCP amendment to create a new Business Park Gateway designation and apply it to this site, which would support other Business Park uses, and create an inviting and functional gateway to the Business Park from Highway Project Information: Proposed Development The applicant is proposing to develop a building that would be three storeys in height, plus a mezzanine (partial fourth floor). The CD zone would specify the general layout setbacks etc. as well as the uses, and the Development Permit would address the form and character of the building. As currently proposed in the DP application that has been submitted by the applicant, the building would be comprised of about 24,000 square feet of useable space. The ground floor is about 8,000 square feet, 2 nd and 3 rd floors are about 7,200 square feet each, and the top mezzanine floor is about 1,600 square feet. Parking would be accommodated both underground and on the surface of the site. Site access would be from a driveway on Industrial Way. The driveway is close to the west property line of the site. Page 3

4 Gateway Land Use Designation In order to accommodate the proposed development the applicant proposes an OCP amendment to the Squamish Business Park Sub Area Plan. The OCP amendment bylaw is Attachment 1. The amendment is to add a new land use designation to the Business Park Sub Area Plan, which acknowledges the distinct role of the site as an inviting and functional gateway to the Business Park from Highway 99. As included in the policy text of the amendment (which if approved would be added to the OCP s Business Park Sub Area Plan) the new designation would support other Business Park uses, and would not support small scale retail and personal services that are better suites in the downtown and other neighbourhood commercial areas. The gateway designation also makes provision within the gateway designation for appropriate urban design and architecture principles, the focus of which is to establish an inviting entryway for businesses. CD Zone The permitted uses in the drafted CD zone include the following: accessory retail sales; automobile oriented commercial including retail sale of industrial equipment and vehicles; business office; building supply outlet; catering; coffee shop; community directional signs; dine-in restaurant; fitness centre; indoor recreation; industrial business; processing, fabricating, assembling, repairing of goods or materials; media production and broadcasting; messenger and courier; motor vehicle repair; nurseries; publishing and printing of materials; school; small scale manufacturing; tourist information centre; and wholesale. The CD zone (CD-41) is attached as Attachment 2. Permitted Uses: Some of the I-1 permitted uses are included in the zone. The other permitted uses similar to uses intended for the northern part of the business park to be developed in the future including indoor recreation, media, publishing, industrial business, and business office. The uses envisioned for the Industrial Business area are considered to be also appropriate for this site because of the visibility and profile of the subject site, and because the uses on the subject site will reflect the existence of these types of uses within the business park. Building Height, FAR, Lot Coverage: The proposed CD zone allows for up to 4 storeys or 14.5 metres in height, but includes a limitation on the size of the 4 th storey to be a mezzanine which means that the 4 th floor would be set back from the edge of the building. The height restriction would be higher than the I-1 zone (3 storeys or 10.7 m), and staff feels that the additional height is appropriate for a development that should intentionally stand out as a key entry building to the business park. The CD zone includes a lot coverage of 30% (much less than the 75% lot coverage of the I-1 zone) and a Floor Area Ratio (FAR) of 1.0. Siting requirements: The building setbacks are comparable to the I-1 zone with some slight variations. Page 4

5 Parking and loading: In accordance with the zoning bylaw, no special parking provisions included in the CD zone. Transportation and Site Access: Automobiles The site will be accessed from a single driveway off Industrial Way. The driveway is located close to the west property line of the property (ie as far away as possible from the intersection of Industrial Way and Highway 99). Access to the site will be right-in and right-out as shown on the figure below (from traffic report submitted by the applicant): Due to the turning movement limitations (limited by centre median), traffic leaving the site and heading for Highway 99 will not be able to turn left from the site. Traffic will have to turn right and then come back to the highway from an alternate intersection to the north or south, or reapproach the Hwy 99 and Industrial Way intersection. In addition, traffic traveling east along Industrial Way that wants to access the site could turn north on Discovery Way, right on Commercial Way, South on Hwy 99, then west on Industrial Way in order to turn right into the site. The Highway 99 upgrade includes a deceleration lane (for right turns) onto Industrial Way. Industrial Way (upgraded) has two westbound lanes (and a left turn lane at Progress Way). The applicant s traffic consultant has submitted a series of studies for staff s review and analysis. Staff have determined that the proposal for access and traffic and the submitted studies are satisfactory, and that the proposed arrangement is as practical as possible with the parameters of the site s proximity to the Hwy 99 intersection and access constraints. Overall the applicant is not proposing to include uses that would exacerbate automobile traffic and access demand (eg a drive-thru restaurant, which are not included as permitted use in the zone). MoT will need to approve the bylaws prior to adoption. MoT has given preliminary review and preliminary approval. Pedestrians and Cycling Sidewalk: A sidewalk will be installed along the north side Industrial Way with the upgrade that is underway. The sidewalk will be constructed to meet with the on-street, at-grade pedestrian crossing of Industrial Way. Discovery Trail and Crossing at Industrial Way: The Developer has offered to contribute $200,000 toward the installation of bridges (spanning the Hwy 99 ditch) that will improve the alignment of the trail with the at-grade pedestrian crossing of Industrial Way at Hwy 99. As indicated in the staff recommendation, the contribution would be received as a condition of bylaws approval. Page 5

6 Currently the alignment of the Discovery Trail to the pedestrian crosswalk at Industrial Way is poor. When pedestrians and cyclists approach the interruption of the Discovery Trail by Industrial Way they have to walk/ride over a small culvert bridge, which is not located along a desire line of travel and not well protected (particularly north side) from automobile traffic. Since the alignment is poor and inconvenient many cyclists and pedestrians cross Industrial Way just west of the intersection and not in a crosswalk, which is extremely dangerous. The District is proposing to improve the situation by installing two bridges along the Discovery Trail (close to its intersection with Hwy 99) to span the Hwy 99 ditch. The bridges would be installed on both the north side and the south side of Industrial Way. The bridges would be installed at an angle, which allows pedestrians to conveniently and safely access the on-street pedestrian crossings of Industrial Way. As part of the Industrial Way upgrade, installation of a median along the middle of Industrial Way is proposed, which would strongly deter unsafe pedestrian/cycle crossings that are not at the designated intersection crosswalk. The District has received quotations for the proposed bridge work, and that the cost will be approximately equal to the developer s contribution of $200,000. The Trails Society executive has reviewed the conceptual plans and supports the plans. MoT supports the plans in concept as well. If the bylaws are approved (and hence the funds are received) the District will proceed with this project which involves more detailed planning and permit from MoT since the bridges would be within the highway right-of-way. The District is also investigating a similar bridge treatment at the Commercial Way intersection, which would not be funded from this developer s contribution. Engineering requirements The District has already received required funds for frontage upgrades. No offsite infrastructure upgrade requirements were identified. The owner also has already dedicated as road a narrow strip along the frontage of the property (on Industrial Way) for road widening. Public process and input The Developer held a public information meeting on April 18, The meeting was attended by a small group, and focused on site access and traffic considerations. If Council gives two readings and schedules a public hearing, then the opportunity for community input to Council will be at the public hearing. 4. Department Comments: Staff are supportive of an amendment to the Business Park Sub Area Plan, to implement a new gateway designation on this site. Staff are also supportive of rezoning to a CD zone, which aligns with the intent of the gateway designation. 5. Policy Implication This application, if approved, would result in the creation of a new land use designation Business Park Gateway in the Business Park Sub Area Plan. Page 6

7 7. Staff Recommendation and Alternatives: Staff Recommendation: That the District of Squamish Council give First Two Readings to District of Squamish Official Community Plan Bylaw No. 1536, 1998 Amendment Bylaw No. 1936, 2006 (1000 Industrial Way) And that the District of Squamish Council give First Two Readings to District of Squamish Zoning Bylaw No. 1342, 1995, Amendment Bylaw No. 1932, 2006 (1000 Industrial Way) And that should Council adopt Bylaws 1936, 2006 and 1932, 2006 the developer s contribution of $200,000 to the District is required in advance of adoption, and that the funds are to be allocated to a District project that will upgrade the Discovery Trail including installation of two bridges (on north and south sides of Industrial Way) across the Hwy 99 ditch to improve alignment of the trail with pedestrian crossing of Industrial Way And that the District of Squamish Council schedule a Public Hearing Date of April 15, 2008 for District of Squamish Official Community Plan Bylaw No. 1536, 1996 Amendment Bylaw No. 1936, 2006 (1000 Industrial Way) and District of Squamish Zoning Bylaw No. 1342, 1995, Amendment Bylaw No. 1932, 2006 (1000 Industrial Way). Alternative 1: That the District of Squamish Council NOT give First Two Readings to District of Squamish Official Community Plan Bylaw No. 1536, 1998 Amendment Bylaw No. 1936, 2006 (1000 Industrial Way) And that the District of Squamish Council NOT give First Two Readings to District of Squamish Zoning Bylaw No. 1342, 1995, Amendment Bylaw No. 1932, 2006 (1000 Industrial Way) Implications: No readings to bylaw and closure of application. Alternative 2: That Council directs staff to bring bylaws 1936, 2006 and 1932, 2006 to a Strategy Session of Council to discuss the following issues: {Council to specify issues} Implications: No readings to bylaw, and further discussion of issues prior to bylaw readings. Page 7

8 Heather Evans Planner Attachments: Attachment 1: Bylaw 1936, 2008 (OCP amendment) Attachment 2: Bylaw 1932, 2008 (zoning bylaw amendment) Page 8

9 DISTRICT OF SQUAMISH Bylaw No. 1936, 2006 A bylaw to amend the District of Squamish Official Community Plan Bylaw No. 1536, 1998 WHEREAS the District of Squamish deems it necessary and appropriate to amend Official Community Plan Bylaw No. 1536, NOW THEREFORE the Council of the District of Squamish, in open meeting assembled, enacts as follows: 1. This bylaw may be cited as: District of Squamish Official Community Plan Bylaw No.1536, 1998, Amendment Bylaw (1000 Industrial Way) No. 1936, District of Squamish Official Community Plan Bylaw No. 1536, 1998, is amended in as follows: a) Section Generalized Land Use Pattern, Table One i) by adding the following row to Table one, below the sixth row: Business Park Gateway.8 less than 1% Section 4. b) Section Business Park Sub Area Plan under section Commercial Land Use Policies by adding the following after item (f): (g) Accommodate commercial development within the Business Park Gateway designated area that is of a type, scale, and design that creates a sense of entry into the Business Park. This will be achieved by applying contextually appropriate urban design and architecture principles, the focus of which is to establish an inviting entryway for businesses, customers, and the traveling public to enter the Business Park. Uses will reflect the gateway location and strongly reinforce the Business Park s function. Include all land in the Business Park Gateway designation area within Development Permit Area 5. The mix and type of commercial uses that will occupy the buildings within the Business Park Gateway designated area is also important in enhancing the image of the Business Park. Notwithstanding Policy (d), the range of uses that would be considered appropriate includes: tourist facilities, business office, industrial business, dine-in restaurants, commercial and technical schools, small scale manufacturing, wholesaling, coffee shop, fitness centres, indoor recreational use, and home improvement and building supply. The types of uses that would be considered inappropriate include: gas station; car wash; retail except home improvement, building supply, personal service, industrial business; professional offices; banks; liquor stores.

10 3. Figure 2 of the Business Park Sub Area Plan, Section , forming part of Schedule A of the District of Squamish Official Community Plan Bylaw No. 1536, 1998 is amended by changing the land use designation of Lot 93, District Lot 1305, Plan as shown in Schedule A of this bylaw, from Specialized Highway Commercial to Business Park Gateway. READ A FIRST TIME this day of, READ A SECOND TIME this day of, PURSUANT TO THE LOCAL GOVERNMENT ACT, NOTICE WAS ADVERTISED ON AND. PUBLIC HEARING HELD on the day of, 2008 READ A THIRD TIME this day of, ADOPTED this day of Ian Sutherland, Mayor R. Arthurs, Director of Administrative Services

11 DISTRICT OF SQUAMISH SCHEDULE "A" to District of Squamish Official Community Plan Bylaw No. 1536, 1998, Amendment Bylaw (1000 Industrial Way) No. 1936, 2006 Create New Business Park Gateway designation. Change Land Use designation of Lot 93, District Lot 1350, Plan from Specialized Highway Commercial to Business Park Gateway.

12 ATTACHMENT 2 DISTRICT OF SQUAMISH BYLAW NO. 1932, 2006 A bylaw to amend the District of Squamish Zoning Bylaw No. 1342, 1995 WHEREAS the District of Squamish deems it necessary and appropriate to amend Zoning Bylaw No. 1342, 1995; NOW THEREFORE the Council of the District of Squamish, in open meeting assembled, enacts as follows: 1. This bylaw may be cited as "District of Squamish Zoning Bylaw No. 1342, 1995, Amendment Bylaw (Comprehensive Development Zone No. 41) No. 1932, District of Squamish Zoning Bylaw No. 1342, 1995 is amended as follows: That Section 1.2 Definitions be amended by adding the following in alphabetical order: INDUSTRIAL BUSINESS means the use of a building for analytical, scientific and technological research and may involve the development, processing, testing, fabrication, assembly, storage, servicing, wholesaling, and distribution of information, material goods or things, but does not include medical, dental, or other health science-related laboratories that directly service the public. That Section 14KK Comprehensive Development Zone 41 (CD-41) be added after the existing Section 14JJ Comprehensive Development 40 (CD-40) Zone: SECTION 14KK- COMPREHENSIVE DEVELOPMENT ZONE 41 (CD-41) In accordance with the policies of the Business Park Gateway designation in the Business Park Sub Area Plan, the intent of this zone is to accommodate a multitenant commercial development at the main entrance to the Business Park with uses that are compatible with and complimentary to function and purpose of the Business Park. 14KK.1 Permitted Uses In the Comprehensive Development Zone No. 41 the use of land and buildings is restricted to: (a) accessory uses; (b) automobile oriented commercial including retail sale of industrial equipment and vehicles; (c) business office; (d) building supply outlet; (e) catering; (f) coffee shop; (g) community directional signs;

13 (h) dine-in restaurant; (i) fitness centre; (j) indoor recreation; (k) industrial business; (l) processing, fabricating, assembling, repairing of goods or materials; (m) media production and broadcasting; (n) messenger and courier; (o) motor vehicle repair shops; (p) nurseries; (q) off-street parking and loading; (r) publishing and printing of materials; (s) school; (t) small scale manufacturing; (u) tourist information centre; and (v) wholesale. 14KK.2 Conditions of Use a) All permitted uses and storage areas except garbage and recycling storage shall be completely enclosed within the principal building. b) Accessory retail sales shall be limited to not more than 20% of the gross floor area of the building. Accessory retail sales are limited to products produced or stored on the site, and shall not be permitted within a business office use. c) A school use shall be limited to the teaching of commercial or technical school subjects. 14KK.3 Minimum Lot Area No lot shall be created by subdivision that is less than 0.4 ha (1 acre). 14KK.4 Height of Principal Buildings No principal building shall exceed a height of 14.5 m (47.6 ft) or four storeys, whichever is less. 14KK.5 Density a) The lot coverage shall not exceed 30% of the area of the lot. b) The Floor Area Ratio shall not exceed 1.0

14 14KK.6 Siting Requirements of Principal Building (a) Front Lot Line Setback: No principal building shall be located within 7 meters (22.97 ft) of a front lot line (b) Interior Side Lot Line Setback: No principal building shall be located within 25 meters (82 ft) of a side lot line; (c) Exterior Side Lot Line Setback: No principal building shall be located within 7 meters (22.97) of a side lot line; (d) Rear Side Lot Line Setback: No principal building shall be located within 12 meters (39.37ft) of a rear lot line; (e) Parking structures located entirely below the finished grade may project beyond the property setbacks. The underground encroachments must not result in a finished grade that is inconsistent with the grade of the site and abutting lots. (f) Gross floor area on the fourth storey of a principal building shall not exceed 155 sq m ( sq ft). 14.Y.7 Outdoor Space A minimum of 5% or 130 sq m (1399 sq ft), whichever is more, of the building s gross floor area shall be provided in the form of a patio, terrace, deck and / or balcony for the use of the occupants of the building or individual unit. 14Y.8 Fencing Fencing shall be provided in accordance with Section 4.6 of this Bylaw. 14Y.9 Off-Street Parking Off-street parking spaces for buildings and uses shall be provided in accordance with Section 40 of this Bylaw. 14Y.10 Off-Street Loading Off-street loading spaces for buildings and uses shall be provided in accordance with Section 41 of this Bylaw. 14Y.11 Accessory Buildings (a) (b) All accessory buildings shall comply with the requirements of Section 4.4 of this Bylaw. Notwithstanding Section 4.4(b) a maximum of one accessory building shall be permitted. 14Y.11 Screening and Landscaping Screening and Landscaping shall be provided in accordance with Section 4.7 of this Bylaw. 3. That those parcels of land in the District of Squamish, legally described as Lot 93 District Lot 1305, Plan and located at 1000 Industrial Way, Squamish, British Columbia, as shown shaded in black on the sketch attached as Schedule "A" to this bylaw, is rezoned from Light Industrial (I -1) zone to Comprehensive Development Zone No. 41 (CD-41) Business Park

15 Gateway Zone. 4. The zoning map, being Schedule "A" to the District of Squamish Zoning Bylaw No. 1342, 1995 is amended to reflect the rezoning. READ A FIRST AND SECOND TIME this day of. PURSUANT TO THE LOCAL GOVERNMENT ACT, NOTICE WAS ADVERTISED ON AND. PUBLIC HEARING HELD on the day of. READ A THIRD TIME this day of. THIRD READING RESCINDED this day of. APPROVED by the Ministry of Transportation, pursuant to Section 54(2) of the Highway Act this day of ADOPTED this day of. Ian Sutherland, Mayor R. Arthurs, Director of Administrative Services

16 DISTRICT OF SQUAMISH SCHEDULE "A" to District of Squamish Zoning Bylaw No. 1342, 1995, Amendment Bylaw (1000 Industrial Way) No. 1932, 2008 Lot 40 HWY 99 Industrial Way Rezone from Light Industrial (I-1) to Comprehensive Development 41 (CD-41)

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