ADMINISTRATIVE REPORT

Transcription

1 ADMINISTRATIVE REPORT TO: FROM: Board of Directors B. Newell, Chief Administrative Officer DATE: April 6, 2017 RE: OCP and Zoning Bylaw Amendment Electoral Area D Administrative Recommendations: RECOMMENDATION 1: THAT Bylaw No , 2017, Electoral Area D-2 Official Community Plan Amendment Bylaw and Bylaw No , 2017, Electoral Area D-2 Zoning Amendment Bylaw be read a first and second time and proceed to a public hearing; AND THAT the Board considers the process, as outlined in the report from the Chief Administrative Officer dated April 6, 2017, to be appropriate consultation for the purpose of Section 475 of the Local Government Act; AND THAT, in accordance with Section 477 of the Local Government Act, the Board has considered Amendment Bylaw No , 2017, in conjunction with its Financial and applicable Waste Management Plans; RECOMMENDATION 2: THAT the holding of the public hearing be delegated to Director Siddon or delegate; AND THAT staff schedule the date, time, and place of the public hearing in consultation with Director Siddon; AND THAT staff give notice of the public hearing in accordance with the requirements of the Local Government Act. Purpose: To allow for the subdivision of a two new lots. Owner: M. Ingraham & S Nelson Agent: Graham Birds Folio: D Civic: 170 Sunnybrook Drive, OK Falls Legal: Lot 23, DL 2710, SDYD, Plan OCP: Small Holdings (SH) Proposed: Low Density Residential (LR) Zoning: Small Holdings Five Site Specific (SH5s) Proposed: Residential Single Family One (RS1) Proposal: The proposal is seeking to rezone an approximately 1,517 m 2 portion of the subject property in order to facilitate a three lot subdivision that will result in two parcels approximately m 2 in area and a remainder parcel of approximately 4,000 m 2. Page 1 of 6

2 Specifically, it is being proposed to amend the OCP designation on part of the property from Small Holdings (SH) to Low Density Residential (LR) and to amend the zoning to Residential Single Family One (RS1) as this would allow for a minimum parcel size of 667 m 2, subject to servicing. Currently the SH5s zone specifies a minimum parcel size of 2,020 m 2. In support of the proposal the applicant states that this project promotes sustainable development as it will be utilizing existing water and sanitary infrastructure. Site Context: The subject property is approximately 5,684 m 2 in area, although the area proposing to be rezoned is approximately 1,517 m 2 in area that being land adjacent to Vintage Boulevard. It is located approximately 1.2 km north of OK Falls and is immediately next to the Vintage Views subdivision. The subject property has an existing dwelling and associated accessory structures contained within it; however, the area proposed to be rezoned is currently vacant. The land slopes steeply down from Vintage Blvd toward the remaining property area. The surrounding pattern of development is characterized as residential with smaller parcels within Vintage Views and larger properties within Lakeshore Highlands and Heritage Hills. Background: The subject property was created by subdivision in 1976 and was within Land Use Contract LUC-3-D, Bylaw No 158, that was adopted in LUC-3-D was discharged from the property in January 2017 and the SH5s zoning came into effect. Under the Electoral Area D-2 OCP Bylaw No. 2603, 2013, the subject property is designated as Small Holdings (SH). The property is also subject to a Watercourse Development Permit (WDP) and an Environmentally Sensitive Development Permit (ESDP) and is within the Hillside / Steep Slope Development Permit area (HDP). Under these designations, permits are required as part of the subdivision of the land. Under the Electoral Area D-2 Zoning Bylaw No. 2455, 2208, the subject property is currently zoned Small Holdings Five Site Specific (SH5s), which specifies a minimum parcel size of 2,020 m 2. The subject property is also within the Rural Growth Area as designated within the Regional Growth Strategy. The applicant has provided an from Lakeshore Waterworks and Vintage Views Waste Water, dated March 8, 2017, confirming that water and sanitary serving will be provided once finances are finalized. Written confirmation will be required indicating that the existing systems have the capacity and ability to provide services and the service area has been extended to include the proposed three lots. Referrals: At its meeting of March 21, 2017, the Electoral Area D Advisory Planning Commission (APC) resolved to recommend to the Regional District Board that this application be approved with the following condition: a recommendation for amendment which asks the developer to put a covenant on proposed lot 2 to limit future development to a one floor rancher at road grade level. Page 2 of 6

3 A Public Information Meeting was held ahead of the APC meeting on March 21, 2017, and was attended by approximately 6 members of the public. The owner met on site the day after the APC with a nearby land owner who had expressed concern at the Public Information Meeting regarding view impacts. It appears an understanding was reached that the views would not be negatively impacted. Photos showing the visual impact of the proposed development is attached as a separate item on the Board agenda. Referral comments on this proposal have been received from the Interior Health Authority (IHA), Fortis BC (Electric) and Ministry of Forest, Lands and Natural Resource Operations (MFLNRO) and these are included as a separate item on the Board Agenda. Approval from the Ministry of Transportation and Infrastructure (MoTI) is not required as the proposed amendment affects land beyond 800 metres of a controlled area. Analysis: In considering this proposal, Administration notes that the SH designation as a replacement for the LUC-3-D was subject to considerable debate during the process of discharging the LUC. The original Administrative recommendation was that the lands contained within LUC-3-D were to be designated as Low Density Residential (LR); however, after consultation and further discussion, the Board approved the designation of SH and a zone of SH5s over the rural-residential parcels comprised in the Heritage Hills and Lakeshore Highlands neighbourhoods. Administration further recognizes that there has been a recent history of developing the last phase of the Vintage Views residential subdivision that included a new parcel immediately adjacent to the subject property with an area of 986 m 2. The existing streetscape generally includes houses located near and accessed through Vintage Boulevard with development being constrained by a WDP Area flowing along the northern boundary near Sunnybrook and Highland Drives. Administration does have concerns regarding the ability to develop the two new parcels in terms of steepness of slope and location of existing structures below. There may also be a need for variances to reduce parcel line setbacks. A Hillside Steep / slope Permit (HDP) is required prior to subdivision and is intended to protect the natural environment and protect development from hazardous conditions. While the HDP assists with supporting a development plan that may be more harmonious with the natural terrain, Administration has concerns about creating parcels where the natural terrain appears to be difficult to develop. Although incremental small lot subdivision is not normally supported in rural areas, the proposed rezoning and consequential subdivision is within a designated growth area, can be serviced with water and sewer and is not out of context with the surrounding neighbourhood and general streetscape of Vintage Blvd. For the above reasons, Administration supports the proposed subject application. Alternatives: THAT Bylaw No , 2017, and Bylaw No , 2017 Electoral Area D-2 OCP and Zoning Amendment Bylaws be denied. Page 3 of 6

4 Respectfully submitted: Endorsed by: Endorsed by: ERiechert Donna Butler E.Riechert, Planner C. Garrish, Planning Supervisor D. Butler, Development Services Manager Attachments: No. 1 Applicant s Site Plan No. 2 Site Photo (Google Streetview) Page 4 of 6

5 Attachment No. 1 Applicant s Site Plan SUBJECT PROPERTY PROPOSED NEW PARCELS (YELLOW SHADED AREA) Page 5 of 6

6 Attachment No. 2 Site Photo (Google Streetview) PROPOSED NEW PARCELS (APPROXIMATE AREA) View of proposed parcel from Vintage Blvd (looking north-west) Page 6 of 6