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Powell River senior planner outlines temporary use permits

City council to consider amending bylaws
City of Powell River senior planner Daniella Fergusson
OUTLINES RECOMMENDATION: City of Powell River senior planner Daniella Fergusson outlined to the committee of the whole an initiative to allow temporary use permits, which would act like rezoning, but for a limited duration. Paul Galinski photo

City of Powell River’s planning staff is recommending amendments to three bylaws to allow for temporary use permits.

At the September 29 committee of the whole meeting, senior planner Daniella Fergusson tabled a report on temporary use permits, which would allow council the authority to temporarily permit a use not otherwise permitted in any commercial, civic or industrial zone. In Fergusson’s report, there was also the provision for farm camping in the A2 large lot rural zone.

Ferguson told the committee that the purpose of her report was to present draft bylaws for the councillors’ consideration.

She said temporary use permits are a tool the city can have in its planning toolbox. The proposed bylaw changes were for the zoning bylaw, a delegation bylaw change and a fee bylaw change.

“That’s what we need to step up procedures to start off with this new tool,” said Fergusson.

A temporary use permit is something like a rezoning, said Fergusson. She said the public would be informed at a level that would be similar to a rezoning. However, instead of going through an entire rezoning process, and changing the entire zoning bylaw, it’s a temporary and site-specific change.

Fergusson said there were several criteria for council to consider a temporary use permit, including the intensity of the use and its impact on the surrounding area and environment, which could involve factors such as noise and traffic, to safety considerations. She said criteria also includes whether the temporary use is compatible with surrounding land uses in terms of design and operation.

“The purpose of a temporary use permit is not to allow use that someone could easily do somewhere else in the city but they want to do it in that particular site,” said Fergusson. “It’s really intended to allow something that is difficult to operate somewhere else.

“Lastly, temporary use permits should be temporary, so there should be some confidence that the use is temporary in nature and that there should be a plan attached to the permit about how the site will be restored when the permit expires.”

Fergusson said a permit is issued for three years and can be renewed for an additional three years. The applicant can come back after and apply for another permit but they would have to plan ahead so the permit does not expire.

Staff was recommending that permits apply to the city’s commercial, civic and industrial zones and also the A2 residential zone.

Fergusson said staff were polled internally about what kind of enquiries they’ve had over the counter where a temporary permit could be a reasonable solution to the development challenge someone was presented with, and for the most part, it would occur in a commercial or industrial zone.

The ones that could relate to an A2 zone are things such as the paddling together canoe journey, and looking at potential campsites near Gibsons Beach. She added that in researching the matter, there are municipalities on Vancouver Island that allow farm camping. In Powell River, it would be on 10-acre or greater properties for a maximum of 30 days in a calendar year.

The proposed fee for a temporary use permit is $1,500, the same as a zoning bylaw amendment, with a $1,000 renewal fee.

Mayor Dave Formosa said he thinks this is an excellent tool council could use for interim measures when required.

“I was very happy when I heard this was being considered and I support this 100 per cent.”

Councillor Rob Southcott asked why residential zones were being excluded.

Ferguson said enquiries for temporary uses include things such as outdoor storage, commercial patios or installations that relate to harm reduction. She said it’s a challenge because if considering a residential zone, with non-residential uses in a residential zone, it could create conflicts in the community.

Councillor George Doubt said there are probably a lot of people in the municipality who choose where they are living because of the zoning, and they would be unhappy if they built a house and someone has a temporary use permit to put a gravel pit across the street.

“The reason zoning exists is to give people some kind of comfort about what kind of neighbourhood they are going to be building an industry, a business or a residence in,” said Doubt. “I am going to be voting in favour of this because I’d like to see what the public has to say.”

Councillor Jim Palm, who chaired the committee meeting, asked if a temporary use permit would apply to something such as housing trailers being put in place to accommodate workers coming here to construct the wastewater treatment plant.

Fergusson said that was the case.

The committee voted to refer the matter to city council for consideration.