THE CORPORATION OF THE CITY OF VERNON

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1 THE CORPORATION OF THE CITY OF VERNON MINUTES OF ADVISORY PLANNING COMMITTEE MEETING HELD TUESDAY, FEBRUARY 25, 2014 PRESENT: VOTING Bill Hellwig, Chair Steven Debella, Vice Chair Vicki Topping Joanne Georgeson Cliff Lattery NON VOTING Councillor Spiers Councillor Lord ABSENT: STAFF: John Lainsbury Don Schuster Scott Anderson Fiona Anderson Dale Rintoul, Manager, Current Planning Sherri Biluk, Committee Clerk ORDER ADOPTION OF AGENDA ADOPTION OF MINUTES The Chair called the meeting to order at 4:03 p.m. Moved by Joanne Georgeson, seconded by Cliff Lattery: THAT the agenda for the Advisory Planning Committee meeting of Tuesday, February 25, 2014 be adopted. Moved by Steven Debella, seconded by Joanne Georgeson: THAT the minutes for the Advisory Planning Committee meeting of Tuesday, January 14, 2013 be adopted.

2 NEW BUSINESS: CANADIAN LAKEVIEW DEVELOPMENT PARK SUBDIVISION DEVELOPMENT VARIANCE PERMIT APPLICATION FOR LOT 2, PLAN KAP51334, D.L. 297, ODYD DVP00294 (9192 Tronson Road) The Advisory Planning Committee reviewed Development Variance Permit Application DVP The following points were discussed: The applicant is asking to waive the off-site works requirements for a subdivision requesting to not be required to install sidewalks, curb and gutter in order for the property to be divided into two lots at this time. The owner would be required to complete the off-site works when a Building Permit Application is applied for. One of the two proposed lots, which are outlined in red on Attachment #1, is intended to be used as public parkland. The current parcel is designated and zoned C6 - Village Commercial. Under Zoning Bylaw #5000, commercial developments require the installation of sidewalk, curb and gutter. It was pointed out that a cost assessment and related levels of service that are required in the City's current Asset Management Plan, which outline the requirements for off-site works are being reviewed at this time. Development of the remaining lot is not intended in the foreseeable future. Moved by Cliff Lattery, seconded by Steven Debella: support the Development Variance Permit Application, submitted by Canadian Lakeview Developments to waive offsite requirements in the Subdivision and Development Servicing Bylaw #3843 as a condition of approval for the subdivision of Lot 2, Plan KAP51334, D.L. 297, ODYD (9192 Tronson Road). AVANTI INVESTMENTS LTD. - DEVELOPMENT VARIANCE PERMIT APPLICATION FOR LOT 4, SEC. 11, TP. 8, ODYD, PLAH KAP68038, AND LOT 5, SEC. 11, TP. 8, The Advisory Planning Committee reviewed Development Variance Permit Application DVP The following points were discussed: The portion of land outlined in red on Attachment #1 has been rezoned to R4 - Small Lot Residential and is considered a low density zone. It is the intention of the developer to 2

3 ODYD, PLAN KAP68038, EXCEPT PLAN KAP71859 DVP00293 (5975 Lefoy Road and 6141 Highway 97) construct single family homes on the 12 lots within the subject development. Access to the proposed development will be constructed off of Lefoy Road with the installation of a cul-de-sac turn around. There will be no other access to the development. The surrounding areas to this proposed development are within the Regional District of the North Okanagan's jurisdiction, and in keeping with the essence of the surrounding residential areas, and so that the NORD highways contractor can safely come off of PV Road to plow snow in the cul-de-sac, staff have recommended that Council support the recommendation by not requiring curb, gutter and sidewalk installation for the small extension of Lefoy Road. Any further development on the surrounding lands, which are owned by the same developer, will require the extension of 20th Street to eventually connect to connect to Stickle Road which will access Highway #97 north. It was pointed out that the Lefoy Road name may have been intended to be named after a well known Vernon Postmaster back in late 1800's, although his name was spelled Lefroy. Moved by Steve Debella, seconded by Vicki Topping: support the Development Variance Permit Application submitted by Don Searle of Avanti Investments Ltd. to vary Schedule A (Level of Service) and Schedule O (Standards Drawings), Standards Drawing of the Subdivision and Development Servicing Bylaw #3843 and not require curb, gutter and sidewalk for the extension of Lefoy Road as a condition of approval for the proposed R4 zoned subdivision of Lot 4 and Lot 5, Plan KAP68038, Sec. 11, Tp. 8, ODYD (5975 Lefoy Road and 6141 Highway 97) currently in progress under SUB ZONING BYLAW # PROVISION TO REQUIRE OWNER TO OCCUPY EITHER PRIMARY UNIT OR The Advisory Planning Committee reviewed rezoning application ZON The following points were discussed: The recommended amendment to Zoning Bylaw #5000 was generated by an individual in the community who ed the 3

4 SECONDARY SUITE ZON00233 Affordable Housing Advisory Committee (AHAC) advising them that they wished to construct a secondary suite in a single family dwelling. The writer went on to explain that they proposed to use both units for rental and investment purposes but do not intend to live in either the primary unit or secondary suite. A recommendation was made to Council from the Affordable Housing Committee requesting that staff be directed to investigate how other communities in the province allow for secondary suites, which Council supported. During their investigation, staff requested a legal opinion from municipal solicitors for their advice on the legalities of requiring the home owner to reside in either the primary or secondary suite. The legal opinion advised that the City cannot legally request the owner live in the home if there is a secondary suite in the home. A good number of communities do not require the owner live in the same dwelling if they have a secondary suite. West Kelowna had the requirement in their Zoning Bylaw but removed it noting that there were no more complaints received that when it was a requirement. Now that the legalities have been challenged, the City is obliged to act on it. Only one rental unit is allowed on a property. Moved by Steve Debella, seconded by Cliff Lattery: support amending Zoning Bylaw #5000 to delete the requirement that the property owner reside in either the primary unit or secondary suite in the case of single detached housing with a secondary suite; AND FURTHER, that Council direct staff to prepare the necessary Zoning Bylaw #5000 amendment for its consideration. CARRIED, with Joanne Georgeson opposed. 4

5 INFORMATION ITEMS: The Staff liaison provided a verbal update of APC related items that were discussed at the last Regular Council Meeting. The next regular meeting of the Advisory Planning Committee is scheduled for 4:00 pm on Tuesday, March 11, ADJOURNMENT The meeting of the Advisory Planning Committee adjourned at 4:35 p.m. CERTIFIED CORRECT: Chair 5

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