PUBLIC HEARING REPORT - TEMPORARY USE PERMIT 2022/01 – 2 HOSPITAL WAY

TEMPORARY USE PERMIT 2022/01 – 2 HOSPITAL WAY

RECOMMENDATION:

THAT the following conditions be incorporated into Temporary Use Permit 2022/01 at 2 Hospital Way, if the permit is approved:

1. Prior to commencing the deposit of gravel: a. A report from a geotechnical engineer is to be provided prior to commencing the deposit of gravel to provide recommendations on the proposed use of the site and to confirm that the site is safe for the use intended; and b. A $5000 road cleaning deposit is to be provided;
2. The Director of Engineering may require a paved apron to reduce the potential for soil migration and damage to the roadway;
3. The Director of Engineering may require a wheel wash if dust, mud or other nuisance materials are tracked onto the roadway;
4. No vehicular parking or equipment / material laydown is permitted within Statutory Right of Way 305909G, and that delineation and protection of this Statutory Right of Way is done to the satisfaction of the Capital Regional District;
5. No work within the public road allowance is authorized by this permit; and
6. A soil permit is required for the deposit of more than 20 cubic meters of soil within a twelve-month period.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’S COMMENTS:

I concur with the recommendation.

DIRECTOR OF ENGINEERING’S COMMENTS:

I concur with the recommendation.

PURPOSE OF REPORT:

1. To provide information for a public hearing for Temporary Use Permit 2022/01 to use the property at 2 Hospital Way as a parking lot for a construction project on an adjacent development site.
2. To outline permit conditions for Temporary Use Permit 2022/01 if it is approved

BACKGROUND:

The 2.9ha property was quarried several decades ago and is vacant. There are two driveway accesses to Hospital Way that are fenced and gated. Information in this report was previously presented at the May 10, 2022, Committee of the Whole meeting

PROPOSAL:

The applicant proposes to use approximately 3600m2 of the subject property as a parking lot to support construction at 9 Erskine Lane. The development at 9 Erskine Lane is for 336 units of rental housing in four five-storey apartment buildings with underground parking. This is a major construction project that is in a location where there is little on street parking available.

The parking area (Figure 1 and Attachment 3) is currently secured by a locked gate. The applicant indicates it would be monitored by staff daily to ensure there are no unintended users (Attachment 2). Gravel would be deposited to make the site suitable for parking and would be left in place when the permit expires.

In support of the application, the following are provided as attachments to this report:

1. Subject property location map
2. Letter from applicant
3. Site Plan

DISCUSSION:

1. Regulatory Framework

a. Zoning

The subject property is zoned C-1 Community Commercial and P-1 Community Institutional. Like all other zones in the Town, parking is only permitted as accessory use to a primary use on the same property.

Figure 1. Air photo of proposed parking area, 2021

b. Official Community Plan

Policy LU1.8 of Official Community Plan Bylaw N0. 811, 2011 allows the consideration of temporary use permits on a case-by-case basis throughout the Town.

c. Temporary Use Permits

Under the Local Government Act temporary use permit may do one or more of the following: a. allow a use not permitted by a zoning bylaw b. specify conditions under which the temporary use may be carried on c. allow and regulate the construction of buildings or structures in respect of the use for which the permit is issued

In the same manner as a rezoning, public notice and a public hearing must be conducted prior to a Council decision on the application.

A temporary use permit may be valid for three years or a shorter term, if specified. An applicant may apply to have the permit renewed once only.

2. Rationale and permit conditions

Staff supports the proposal because it would minimize the potential impact of demand for construction parking on streets in the local area. There are no concerns about a three-year term for the permit.

Staff recommends the following as conditions of the permit:

1. Prior to commencing the deposit of gravel: a. A report from a geotechnical engineer is to be provided prior to commencing the deposit of gravel to provide recommendations on the proposed use of the site and to confirm that the site is safe for the use intended b. A $5000 road cleaning deposit is to be provided
2. The Director of Engineering may require a paved apron to reduce the potential for soil migration and damage to the roadway
3. The Director of Engineering may require a wheel wash if dust, mud or other nuisance materials are tracked onto the roadway
4. No vehicular parking or equipment / material laydown is permitted within the Statutory Right of Way 305909G, and that delineation and protection of this Statutory Right of Way is done to the satisfaction of the Capital Regional District.
5. No work within the public road allowance is authorized by this permit
6. A soil permit is required for the deposit of more than 20 cubic meters of soil within a twelve-month period

Staff strongly recommends the geotechnical report because rock fragments have accumulated at the edges of the quarried areas as shown in Figure 2 and construction is proposed beyond the top of slope at 9 Erskine Lane, directly behind the subject property. The construction project is major, but the applicant has indicated the default initial term of three years should be sufficient.

The Capital Regional District requests that no disturbance of Statutory Right of Way 305909G (shown in Figure 1) be permitted because the CRD water mains supplying water to the core municipalities of the region are located within the statutory right-of-way.

Figure 2. Google Street View from Hospital Way, 2018

RECOMMENDATION:

THAT the following conditions be incorporated into Temporary Use Permit 2022/01 at 2 Hospital Way, if the permit is approved:

1. Prior to commencing the deposit of gravel: a. A report from a geotechnical engineer is to be provided prior to commencing the deposit of gravel to provide recommendations on the proposed use of the site and to confirm that the site is safe for the use intended; and b. A $5000 road cleaning deposit is to be provided;
2. The Director of Engineering may require a paved apron to reduce the potential for soil migration and damage to the roadway;
3. The Director of Engineering may require a wheel wash if dust, mud or other nuisance materials are tracked onto the roadway;
4. No vehicular parking or equipment / material laydown is permitted within the Statutory Right of Way 305909G, and that delineation and protection of this Statutory Right of Way is done to the satisfaction of the Capital Regional District;
5. No work within the public road allowance is authorized by this permit; and
6. A soil permit is required for the deposit of more than 20 cubic meters of soil within a twelve-month period.

SUBMITTED BY: Jeff Chow, RPP, MCIP, Senior Planner

REVIEWED BY: Lindsay Chase, RPP, MCIP, Director of Development Services

ATTACHMENTS:

1. Subject property location map
2. Letter from applicant
3. Site Plan