DISTRICT OF LAKE COUNTRY

Transcription

1 DISTRICT OF LAKE COUNTRY REPORT TO DEVELOPMENT PERMIT COMMITTEE MEETING TYPE AND DATE: DEVELOPMENT PERMIT COMMITTEE MEETING AUGUST 7, 2012 FROM: CARIE LIEFKE SUBJECT: STABILITY/EROSION & GHG/RESOURCE CONSERVATION DEVELOPMENT PERMIT FILE #: DP (PORTZ) ISSUE(S)/PURPOSE: To advise the Development Permit Committee of the development permit guidelines contained within the Official Community Plan that apply to this application and to provide recommendations for consideration. To determine if the applicant has met the requirements of the Soil / Erosion, and Greenhouse Gas Reduction / Resource Conservation Development Permit area guidelines. RECOMMENDATION(S): THAT Development Permit DP for Lot 6 Section 17 Township 14 ODYD Plan 31431, be approved allowing the construction of an accessory building with an accessory suite (as shown in Attachment C to the Report from Planning and Development dated August 7, 2012). AND THAT prior to DP being issued, a Security Deposit of $1, be submitted to the District of Lake Country to ensure all stability/erosion and landscaping work is completed. EXECUTIVE SUMMARY: This application is subject to the stability/erosion and GHG/resource conservation development permit areas. A previous DP application (DP ) has been approved for the subject property; this previous permit allows the construction of the principal residence, accessory building, tennis court and pool. The current DP application (DP ) requests that an accessory building with a suite be permitted. Due to the location of this accessory building, the tennis court approved in DP would not be constructed. This development proposal meets the development permit guidelines and it is recommended that the application be approved. S:\Council meetings\2012 DP Committee\August 13\DP Report.docx

2 2 Application Type Development Permit File Number: DP Folio: Proponent: Felix Westerkamp, Bauhaus Designs Owner(s): PORTZ, WILLIAM L. PORTZ, ANNA Legal Description: Lot 6 Section 17 Township 14 ODYD Plan PID Civic Address: WENTWORTH RD OCP Designation: Rural Residential Zoning Designation: RR3 Rural Residential 3 ALR: N/A Parcel Size: 0.87 hectares (2.152 acres) DP Area(s): GHG / Resource Conservation; Stability/Erosion Water Supply: Eastside Water Utility Sewer: Septic Site Summary: Zoning: Use: North: RR3 Rural Residential 3 Residential East: RR3 Rural Residential 3 Residential South: RR3 Rural Residential 3 Residential West: Road; W1 Recreational Water Use Road; Okanagan Lake PROJECT DESCRIPTION This application (DP ) is for an accessory building with an accessory suite. The accessory building is within the stability/erosion and GHG/resource conservation DP areas. BACKGROUND/HISTORY: The property currently has one small accessory building, constructed by a previous owner. A previous development permit, DP , has been issued for this property. DP authorized the construction of a house, tennis court, accessory building (garage), and retaining wall. DP determined the SPEA width. DP is still valid and will remain on the Title of the property. The owner now wishes to construct another accessory building with an accessory suite and has submitted this application to obtain authorization. The new development plans would eliminate the tennis court authorized by DP The geotechnical engineer has reassessed the site from a stability/erosion perspective for the newly proposed building. The site plan for the property shows the development proposed by DP (grey shaded area); and the development proposed by DP (unshaded area). DISCUSSION/ANALYSIS: Site Description: The property is located at the north end of Wentworth Road within Carr s Landing. There is District road right of way adjacent to the west property boundary (between the lot and Okanagan Lake). The site slopes from east to west towards Okanagan Lake. The site is adjacent to District road right of way The property currently has one small accessory building; this building will be replaced by the development proposed in this DP. Current Development Potential: There is rural residential development potential for this property; once DP and DP are complete, very little development potential will remain. S:\Council meetings\2012 DP Committee\August 13\DP Report.docx

3 3 There is no potential for subdivision of this lot due to the size and lack of community sewer service in the area. Off Site Considerations: There are no off site considerations relating to this DP application. APPLICABLE POLICIES AND LEGISLATION: Local Government Act Section permits development permit areas to be designated throughout the community. These designations must be made within an Official Community Plan. Guidelines for the specified development permits must be detailed in either an Official Community Plan or a Zoning Bylaw. Section 920 further explains how development permit areas shall be applied and what restrictions, requirements and conditions may be included in development permit areas. Official Community Plan: Section 22 states the justification and requirements for the various development permit areas within the District of Lake Country. Section 22.9 and Map 19 detail the Stability/Erosion Development Permit Area guidelines. o The purpose of this DP Area is to mitigate the impact of hazardous conditions on development within areas of known stability or erosion concern. Section 22.8 and Map 17 detail the Natural Environment Development Permit Area guidelines. o The purpose of this DP Area is to mitigate the effect that development has on the natural environment. Section and Map 21 depict the Greenhouse Gas Reduction and Resource conservation Development Permit Area guidelines. o The purpose of this DP Area is to aid in the reduction of greenhouse gases and conserve water and energy resources for individual developments and ultimately in the community as a whole. Zoning Bylaw: The property is zoned RR3 Rural Residential 3. The purpose of this zone is to provide for country residential development, and complementary uses, on smaller sized lots in area of high natural amenity and rural services. DEVELOPMENT PERMIT GUIDELINE CHECKLISTS: Stability and Erosion Conditions A geotechnical report for the entire property was prepared by Calibre Geotechnical Engineering Ltd in A reassessment of the property was completed by Calibre Geotechnical Engineering Ltd in 2012; this reassessment states that the discussion and recommendations provided in the original report still apply to the development. The geotechnical report provides recommendations on drainage, site preparation, foundations, and reuse of on site material for fill purposes, for the proposed development. Consideration has been given to the following issues as identified in Section 22.9 of the Official Community Plan relating to Stability/Erosion Development Permit Areas: Does the proposal protect development from hazardous conditions? Yes No N/A Have natural features such as landforms, rock outcroppings, mature Yes No N/A trees and vegetation, drainage courses, hilltops and ridgelines been protected? Has the use of fill been minimized? Yes No N/A Has the coverage of the property by impermeable surfaces been Yes No N/A minimized? Is all site drainage contained on site? Yes No N/A Has existing terrain been incorporated into the project to minimize Yes No N/A S:\Council meetings\2012 DP Committee\August 13\DP Report.docx

4 4 site alteration? Does landscaping include drought resistant or native plant species? Yes No N/A Has retaining wall usage been minimized? Yes No N/A Has a geotech submitted a report stating the land can be safely used for its intended use? Yes No N/A Greenhouse Gas Reduction and Resource Conservation Consideration has been given to the following issues as identified in Section of the Official Community Plan relating to the Greenhouse Gas Reduction and Resource Conservation Development Permit Areas: Are lots and buildings oriented for maximum solar gain? Yes No N/A Is the subdivision layout optimized for maximum efficiency? Yes No N/A This application does not involve subdivision layout. Does the layout facilitate alternative transportation options? Yes No N/A This application does not need to facilitate alternative transportation options due to scope of the project. Will the building receive adequate sunlight? Yes No N/A Are any alternative energy sources incorporated into the development? Yes No N/A not at this point, but solar may be added at a future date. Are building roofs oriented for future solar opportunities? Yes No N/A Does the project use durable or local material? Yes No N/A Does vegetation provide shading along buildings? Yes No N/A Landscaping and natural vegetation provide shading. Will the landscaping take advantage of rainwater recycling Yes No N/A opportunities? Will any water features use recirculated water? Yes No N/A No water features will be installed. Are impermeable surfaces minimized in the landscaping? Yes No N/A COMMUNITY IMPLICATIONS: There are no identifiable community implications as a result of this application for an accessory building. ENVIRONMENTAL IMPLICATIONS: There are no identifiable environmental implications. ADHERENCE TO STRATEGIC OBJECTIVES: This application does not affect the District s Strategic Objectives. COST, BUDGET CONSIDERATIONS AND FINANCIAL IMPLICATIONS: There are no foreseeable District financial implications as a result of this application. IMPACT ON STAFF CAPACITY AND WORKLOAD: Regular staff time will be used to process application(s) related to this development. OPTIONAL RECOMMENDATIONS/ALTERNATIVES: THAT Development Permit DP for Lot 6 Section 17 Township 14 ODYD Plan 31431, be approved allowing the construction of an accessory building with an accessory suite (as shown in Attachment C to the Report from Planning and Development dated August 7, 2012). S:\Council meetings\2012 DP Committee\August 13\DP Report.docx

5 AND THAT the requirement to provide a Security Deposit (to ensure stability/erosion and landscaping work is completed) be waived and Attachment C be updated accordingly. 5 SUMMARY/CONCLUSION: The applicant has requested permission to build an accessory building (with suite) within the stability/erosion and GHG/resource conservation development permit areas. The development proposed in this application builds on a previous DP (DP ) issued for the property; the tennis court approved by DP would no longer be constructed if this application is approved. The applicant has submitted a geotechnical report and information regarding resource conservation; upon evaluation, it has been determined that this application is in substantial compliance with the applicable development permit guidelines. It is recommended that this application be approved and that a $1,250 security deposit be provided. Respectfully Submitted, Carie Liefke Planner Planning and Development This report has been prepared in consultation with the following listed departments: CONCURRENCES Department Director of Planning and Development Name Mark Koch ATTACHMENTS: Attachment A General Location Map Attachment B Aerial Photo Attachment C DRAFT Development Permit S:\Council meetings\2012 DP Committee\August 13\DP Report.docx

6 Attachment A General Location Map 6 Attachment B Aerial Photo S:\Council meetings\2012 DP Committee\August 13\DP Report.docx

7 Development Permit District of Lake Country Bottom Wood Lake Road Lake Country, BC V4V 2M1 t: f: lakecountry.bc.ca APPROVED ISSUANCE OF DEVELOPMENT PERMIT (pursuant to Sec. 920 of the Local Government Act) PERMIT # DP FOLIO # # ZONING DESIGNATION: RR3 Rural Residential 3 DEVELOPMENT PERMIT AREA: ISSUED TO: SITE ADDRESS: GHG / Resource Conservation; Stability/Erosion; Natural Environment Portz, William Lyle & Portz, Anna Wentworth Road LEGAL DESCRIPTION: Lot 6 Section 17 Township 14 ODYD Plan PARCEL IDENTIFIER: SCOPE OF APPROVAL This Permit applies to and only to those lands within the Municipality as described above, and any and all buildings, structures and other development thereon. This Permit is issued subject to compliance with all of the Bylaws of the Municipality applicable thereto, except as specifically varied or supplemented by this Permit, noted in the Terms and Conditions below. Applicants for Development Permits should be aware that the issuance of a Permit limits the applicant to be in strict compliance with all District bylaws unless specific Variances have been authorized by the Permit. No implied Variances from bylaw provisions shall be granted by virtue of drawing notations which are inconsistent with bylaw provisions and which have not been identified as required Variances by the applicant or Municipal staff. If any term or condition of this permit is for any reason held to be invalid by a decision of a Court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this permit. 1. TERMS AND CONDITIONS Development Permit DP Lot 6 Section 17 Township 14 ODYD Plan is approved, allowing the development of an accessory building with an accessory suite and the associated landscaping, subject to the following conditions: a) Development and use of the subject property be in compliance with the provisions of the Municipality s various bylaws, except as explicitly varied or supplemented by the terms of this permit, subsequent permits, amendment(s) and/or development variance permits; b) Development permit is only valid for the development that is described herein. If a change to development is considered, a new development permit or an amendment to this permit is required before starting any work; c) Development of the subject property shall be conducted in accordance with the following documents: (i) Schedule A: Site Plan, prepared by F. Westerkamp, dated June 26, *tennis court shown on site plan of DP shall not be constructed* (ii) Schedule B: Geotechnical Investigation prepared by Calibre Geotechnical Engineering Ltd, dated October 22, S:\Council meetings\ DP Committee\August 13\DP DRAFT Permit.docx

8 DP (iii) Schedule C: Geotechnical Reassessment prepared by Calibre Geotechnical Engineering Ltd, dated July 4, d) A geotechnical engineer must be retained by the applicant to ensure completion of the works in accordance with this Development Permit and will be required to submit monitoring reports and a completion report to the District of Lake Country. e) The District Treasurer has received a security deposit in the amount of $1, (125% of landscaping estimate) to ensure that all works are completed and any necessary plantings are established and maintained. 2. PERFORMANCE SECURITY As a condition of the issuance of this Permit, Council is holding the security set out below to ensure that development is carried out in accordance with the terms and conditions of this Permit. There is filed accordingly: a) Cash in the amount of $ b) A Certified Cheque in the amount of $ c) An irrevocable Letter of Credit in the amount of $ The condition of the posting of the security is that should the Permit Holder fail to carry out the conditions of this Permit, the Municipality may use the security to carry out the work by its servants, agents or contractors, and any surplus shall be paid over to the Permit Holder, or should the Permit Holder carry out the development permitted by this Permit, the security shall be returned to the Permit Holder in the manner described below. Should any interest be earned upon the security, it shall accrue to the Permit Holder and be paid to the Permit Holder if the security is returned. Upon completion of the works, the Permit Holder must provide a statement certified by a qualified professional indicating that the works were completed in compliance with the conditions specified in the Development Permit. Upon acceptance of the works by Municipal staff, 85% of the security shall be returned. The Municipality shall retain the remaining 15% for a period of 24 months from the date of acceptance of the works, during which time the Municipality may use the remaining security to replace the required works, if necessary. The remaining security funds shall be refunded at the expiration of the 24-month warranty period, subject to a final inspection by Municipal staff to confirm the survival of the required works. 3. DEVELOPMENT The development described herein shall be undertaken strictly in accordance with the terms, conditions and provisions of this Permit and any plans and specifications attached to shall form a part hereof. The development shall commence within TWO YEARS of the date that this permit is issued. If the Permit Holder does not commence the development permitted by this Permit within TWO years of the date of issuance of this permit, this permit shall lapse. The terms of the permit or any amendment to it are binding on all persons who acquire an interest in the land affected by the permit. 4. APPROVALS Authorizing resolutions passed by the Development Permit Committee on the day of,. Issued by the Corporate Officer of the District of Lake Country this day of,. Corporate Officer The PERMIT HOLDER is the current land owner. The Security shall be returned to the PERMIT HOLDER. THIS IS NOT A BUILDING PERMIT S:\Council meetings\ DP Committee\August 13\DP DRAFT Permit.docx

9 SCHEDULE 'A' - DP ED POS LD PRO E IC FI SEPT GATE POWER PO LE Roa d " GE OF bauhaus1@shaw.ca CONSULTANTS ED ALT 0 8 '3 Wen t w orth '1 0 " PH Lot 7 AS 366 8% web: G IVE LOP S CED RFA DSU R A H AY EW DRIV RA 7 DR 36 FELIX WESTERKAMP, dipl-ing(fh) # SPALL ROAD KELOWNA, B.C. V1Y-9P6 (250) VE L 368 ANCHOR POWER PO LE ' 00 " # DP WENTWORTH RD 39'-3 3/4" GRASSED AREA BOATHOUSE PLANTED SLOPE 360 EXISTING GRASSED AREA ( TO BE RESTORED AFTER CONSTRUCTION) ACCESSORY BUILDING 1,942 sq ft MAIN RESIDENCE EX Plan 3 #Client LYLE PORTZ Lot '-8 1/2" GARAGE SLAB '-9" Lot DEVELOPMENT PERMIT APPLICATION TO CONSTRUCT AN ACCESSORY BUILDING WITH A SUITE 15 % LOT 6 - PLAN '-8 3/4" S LO PE D 6" ' W AY 36 DR IV E FOR DEVELOPMENT ON THIS SHADED AREA REFER TO DEVELOPMENT PERMIT 4 HA RD SU RF AC ED ING STAG A ARE D OUN N AR R TU FIRE.8 N O T E: 27 TRE A CEN ARE ING G A T S 14'-9" IST ING SL E 32'-1 3/4" OP 358 SUITE 967 sq ft 355 Lo t 1 M '-7 1/2" / / MARK DATE DESCRIPTION DATE: MODEL FILE: DRAWN BY: CHK'D BY: COPYRIGHT EX I S T I N G T R E E D S L O P E COV TH PLANTING LIST: 353 E NAN T PLA N KAP PA JUNE. 26, 2012 QTY '5 5 " CORNUS STOLONFIERA RHUS TYPHINA ROSA NUTKANA SYMPHORICARPUS ALBA -RED OSTER DOGWOOD -STAGHORN SUMAC -NOOTKA ROSE -SNOWBERRY SHEET TITLE SITE PLAN '0 0 " Lot 1 Plan PA TH '0 0" PARK EN ROCK RETA INING A-001 COV 0 1'-0" 9156 SCALE: 1/16" = ANT KAP WALL 348 SHEET 1 OF 18

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