ADMINISTRATIVE REPORT

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1 ADMINISTRATIVE REPORT TO: FROM: Advisory Planning Commission B. Newell, Chief Administrative Officer DATE: February 14, 2017 RE: OCP & Zoning Bylaw Amendment Electoral Area D Purpose: To facilitate a residential strata subdivision of up to 66 parcels. Owner: OK Falls RV Resort Ltd Agent: McElhanney (Brad Elenko) Folio: D Civic: 1830 & 1816 Alba Rd, OK Falls Legal: Lot 1, Plan KAP87398, District Lot 10, SDYD OCP: Small Holdings (SH) Proposed OCP: Low Density Residential (LR) Zoning: Recreational Vehicle Park (C7) Proposed Zoning: Residential Two Family (Duplex) Site Specific (RS3s) Proposal: This proposal is seeking to amend the OCP designation and zoning of the subject property in order to facilitate a residential subdivision of approximately 66 strata lots. Specifically, the applicant is requesting a Residential Two Family Site Specific (Duplex) (RS3s) Zone that would enable strata parcels to be a minimum of 400 m 2 in area, which is the size currently in the RS3 zone but the site specific would include a minimum parcel size for a duplex parcel to be 670 m 2 in size. These parcel sizes are typical of other Electoral Area duplex zone requirements and that does not currently exist in the D-1 zoning bylaw. The applicant provides the following rationale in support of this proposal: Property is not within the ALR; It is within the Okanagan falls primary growth area as noted in the OCP; Growth management policies support infill and intensification; and Proposal will provide much needed family affordable housing to the community. Site Context: The subject property is approximately 4.0 ha in area and is situated on the west side of Highway 97, accessed from Alba Road, approximately 1.6 km south of Okanagan Falls. The property is sloped downwards from Highway 97 but generally fairly flat. The property is located between the Highway and a designated road (Rail Rd) which also serves as part of the KVR trail and currently contains two dwellings and several accessory structures. The surrounding pattern of development is generally characterized by rural residential type of properties with larger agricultural properties to the west and a commercial tourist zoned property to the south. Background: Page 1 of 7

2 The property was part of a 2008 land use amendment that went from a Small Holdings zone to a site specific Recreational Vehicle Park (C7s) Zone and the property was subsequently consolidated in 2008 which was a condition of the rezoning. The property has not been developed as a RV Park. Under the Electoral Area D-2 Official Community Plan (OCP) Bylaw No. 2603, 2013, the subject property is designated Small Holdings (SH) and is zoned Recreational Vehicle Park (C7) under the Electoral Area D-2 Zoning Bylaw No. 2455, The current zoning, C7, does not permit a residential subdivision to occur, therefore requiring amending the land use designations on the property. Under the Official Community Plan Bylaw No. 2603, 2013, there is an Environmentally Sensitive Development Permit area and a Hillside Development Permit area identified on site. The ESDP area encompasses a small portion of land at the south west portion of the property. The OCP Bylaw also identifies that the subject property is being within the Okanagan Falls Primary Growth Area as outlined through the OCP update in 2013 and a portion of the property also falls within the 300 m buffer zone around the OK Falls waste treatment facility that discourages any new residential development. Analysis: The Official Community Plan (OCP) provides a number of objectives and policies relating to new residential development. The OCP encourages a wide range of residential types and densities in the Okanagan Falls primary growth containment area. Specifically, the OCP recommends that the Board consider any new low density residential developments if the land meets at least a number of criteria such as location in terms of the access, ALR, hazards and flooding, impact to the neighbourhood, other lands available for residential development, and servicing. In this case, the subject property is not within the ALR, nor is it identified as being within the floodplain area. There is no geo-hazard mapping available for this property; however, the property does not appear to be overly steep or hazardous. It also appears that building sites would be located outside of any grades greater than 30%. Access to the proposed development will be through an extension of Alba Rd. Strata developments need to meet MOTI road guidelines for strata developments. The dedicated road (Rail Road) to the west, shown on the site plan is considered a public road and not constructed to MOTI standards nor maintained by MOTI maintenance contractors and would require upgrading if access were proposed. The applicant has stated that there is no plan to use Rail Road as access to and from the site. Rail Rd is used as a driveway for the RDOS to access the Okanagan Falls Sewage treatment plant. The MOTI has required a traffic sensitivity analysis to be undertaken by the applicant to review the impact of traffic on Highway 97. This traffic information will be required as part of this rezoning process to enable the Board to gain a sound understanding of the anticipated impact of the proposed development The subject property is located within the Okanagan Falls sanitary service area and the proposed residential development will be required to hook up to the service system. The property is not within the Okanagan Falls Irrigation District water service area. The OKID has requested a feasibility study to Page 2 of 7

3 determine if water is available and costs to hook up to the system. As above, this information will be required as part of the rezoning process to ensure that the proposed development has the ability to proceed. In assessing on the availability of existing designated Low Density Residential lands in the Okanagan Falls area, the OCP s growth management section references a residential capacity analysis based on low, medium and high growth rates. Through the 2012 assessment there was an estimated remaining zoning capacity for 75 and 141 single detached dwelling units. This analysis did not take into account the subject property as it is zoned as Tourist Commercial. The subject property is however, within the boundaries of the Primary Growth area established for Okanagan Falls. While more intensive density (e.g. townhouses, apartments etc) is recommended for the downtown area of OK Falls, this proposed residential strata subdivision, being at the outer edge of the Growth Area, would be intensifying density for single family units. The two other Residential Single Family zones in Area D-2 both have a minimum parcels size of 667 m 2. The subject property is also partially within the 300 metre buffer area of the OK Falls sewage treatment plant. The OCP includes a policy that the Board will ensure that an adequate buffer shall be maintained around the Okanagan Falls Sewage Treatment Plant through the discouragement of new residential areas being designated within 300 m of the facility. The applicant has shown the south west corner as being common property and within the buffer area; however, there is a discrepancy between the location of the 300 m buffer determined by the applicant and that mapped by the RDOS (see Attachment No. 2). As to the question of whether the proposed development will significantly negatively impact existing residents and the quality of life nearby, there are a number of factors to consider. There are somewhat similar residential subdivisions to the east, across Highway 97, zoned as Residential Single Family One (RS1) that have existed for some time without any known negative impacts on the surrounding area. These subdivisions area accessed from Oliver Ranch Road so there would be no direct impact to the proposed development. There are a number of properties along Alba Road, mostly zoned Small Holdings, that will be impacted by the proposed development with the increased traffic and associated issues. There is a large Agricultural (AG3s) property, in the ALR, to the west which is bounded by the Okanagan River channel and is across from Rail Rd. There appears to be a natural buffer area of trees and wetlands located on the east side of the AG3s property and adjacent to Rail Rd. Future agricultural production in this area may become problematic for nearby residents. This proposal is seen to be adding a higher residential density into an area that is mostly rural residential and farming. However, given that it also designated as an area where residential growth is encouraged within the Okanagan Falls Primary Growth Area, the proposal does reflect the overall strategic direction for Okanagan Falls to increase its population. Administration is therefore in support of these proposed land use amendments. Administration is recommending that the new RS3s zone that is proposed for this property contain a minimum parcel size of 670 m 2 for a duplex parcel. The applicant has stated they wish to develop single family homes with approximately a 400 m 2 parcel area; having a larger parcel area for a duplex will prevent future owners converting one dwelling into two on relatively small parcels. Page 3 of 7

4 Administrative Recommendation: THAT the APC recommends to the RDOS Board that the subject development application be approved. Options: 1. THAT the APC recommends to the RDOS Board that the subject development application be approved. 2. THAT the APC recommends to the RDOS Board that the subject development application be approved with the following conditions: i) TBD 3. That the APC recommends to the RDOS Board that the subject development application be denied. Respectfully submitted Endorsed by: Endorsed by: ERiechert Donna Butler E.Riechert, Planner C. Garrish, Planning Supervisor D. Butler, Dev. Services Manager Attachments: No. 1 Context Maps No. 2 Applicant s Site Plan Page 4 of 7

5 Attachment No. 1 - Context Maps OK FALLS N Amend OCP Bylaw No. 2603, 2013 From: Small Holdings (SH) To: Low Density Residential (LR) AND Amend Zoning Bylaw No. 2455, 2008: from: Recreational Vehicle Park (C7) to: Residential Two Family (Duplex) Site Specific (RS3s) (YELLOW SHADED AREA) Subject Property Page 5 of 7

6 Attachment No. 2 Applicant s Site Plan N Showing difference between the applicant s 300 m buffer boundary (blue line) and the RDOS mapping (red line) Page 6 of 7

7 Page 7 of 7 Attachment No. 3 Google Earth view

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