NOTICE OF ZONING BYLAW AMENDMENT (457 PINEVIEW ROAD)

Transcription

1 NOTICE OF ZONING BYLAW AMENDMENT (457 PINEVIEW ROAD) This is to advise that Council will consider a Zoning Bylaw Amendment respecting Lot A, District Lot 2710, SDYD, Plan KAP91127 located at 457 Pineview Road, Penticton, B.C. The applicant would like to rezone the property from R1 (Large Lot Residential) to RD1 (Duplex Housing) to permit the construction of a duplex. A copy of the staff report to Council and Bylaw will be available for public inspection from Friday, December 30, 2011 to Monday, January 9, 2012 at the following locations. Location Address Hours 1 City Hall 171 Main Street 8:30am to 4:30 pm Monday Friday Penticton Public Library Penticton Community Centre City Webpage 325 Power Street During hours of operation 785 Main Street 9:30 am to 5:30 pm (M/W/F/Sat) 9:30 am to 9:00 pm (Tu/Th) 1:00 pm to 5:00 pm Sun. (mid- October to Apr 30 th ) Anytime Council will hold a public hearing for Bylaw on Monday, January 9, 2012 at 6:00 p.m. in Council Chambers, Penticton City Hall. Any person who believes their interests may be affected by this proposed Bylaw may appear in person, or by agent the evening of the Regular Council meeting, or submit a petition or written comments by mail or no later than 12 Noon, Monday, January 9, 2012 to Attention: Corporate Officer, City of Penticton, 171 Main Street, Penticton, BC V2A 5A9; publichearings@penticton.ca. No letter, report or representation from the public will be received by Council after the conclusion of the Public Hearing. Please note that all submissions are a matter of public record. Those persons with special hearing, language or access needs should contact City Hall at (250) prior to the meeting. For more information on this application please contact the Planning Department at (250) Dated this 29th Day of December Anthony Haddad, MCIP Director of Development Services 1 Please note that hours are subject to change. Pineview Rd\457\2011-MP1104\2011 RZ PL071\Notices\2011 Dec\ Public Notice_Zoning.doc

2 Lot 1 Lot 9 Lot A R.P. R.P R R. P Lot A KAP R.P Lot 9 R.P Lot A PINEVIEW PINEVIEW PINEVIEW PINEVIEW PINEVIEW RD RD RD RD RD Lot B Lot 7 LAUREL PL Pineview Rd\457\2011-MP1104\2011 RZ PL071\Notices\2011 Dec\ Public Notice_Zoning.doc

3 Director AH CAO THE CORPORATION OF THE CITY OF PENTICTON COUNCIL REPORT TO: Council FILE: RZ PL REP: FROM: Blake Laven, Planning Technologist II DATE: December 19 th, 2011 RES: PROPOSAL: To rezone the subject property to RD1 (Duplex Residential) New Information ADDRESS: 457 Pineview Rd LEGAL: Lot A, DL 2710, SDYD, Plan KAP91127 APPLICANT: Surgit Singh Gill RECOMMENDATION: THAT the revised site and elevation plans, as attached to the report, be received as new information; AND THAT Zoning Amendment Bylaw be given second reading, as amended, and forwarded to a second public hearing on January 9 th, BACKGROUND: Council reviewed the subject rezoning application at its Regular Meeting of Council on October 3, 2011 and gave first reading to the amendment bylaw and forwarded the bylaw to a public hearing on October 17 th, At the public hearing concerns were raised by a neighbouring resident about the design of the building and the appropriateness of allowing a duplex building in a predominately single family neighbourhood. With this in mind, Council postponed final decision on adoption until the applicant could submit plans that provided better detail of what would actually be built on the property. The applicants were provided with the opportunity to redesign the building and submit a new site plan and elevations with greater detail and have submitted said plans (Attachment A ). Proposal Having submitted the new drawings, the applicants are now requesting that Council make a decision on the rezoning application. ANALYSIS: Support Proposal During the public hearing, concerns were raised about the design of the duplex, the proposed parking and access configuration and landscaping. Staff s comments on how the applicant s revised plans address these issues is as follows:

4 Design of the Building: The major design change from the previously submitted plans is the removal of one of the front door entrances. The west unit will now have access from the side of the building rather than the front like the east unit. Presumably the building was oriented this way to make the building look less like a classic duplex. Having only one entrance on Pineview may give the illusion, at first glance, of a large single detached dwelling rather than a duplex. This is intended to make the structure fit in better with the predominately single detached building stock along Pineview Street (Attachment B ). The plans also give more detail on the building materials and proposed colour. The building will be a two storey duplex with a stucco finish. The majority of residences in the area, however, are finished with siding rather than stucco. Nevertheless, the roof line of the building is consistent with the peaked style seen throughout the neighbourhood and staff find that despite the stucco finish, the design of the building will fit in with the other building designs in the area. Access and Parking: The elevation plan shows two garages constructed side by side, one for each unit. The original site plan showed a large expanse of asphalt to access these garages. The newly submitted site and landscape plan shows a landscaping strip delineating the two driveways. Staff find that the additional landscaping sufficiently breaks up the expansive asphalt driveway and the landscaping islands beside the driveway will clearly delineate areas designated for parking (in the driveway and in the garage) from areas for landscaping (all other areas of the lot). One of the concerns from the neighbourhood was that in addition to the wide asphalt driveway that further parking, specifically for recreational vehicles, would be added beside the driveway. If the driveway and landscaping is installed as illustrated, this should not be an issue. Landscape Plan: The landscaping plan submitted illustrates a large expanse of grass broken up with a few a landscape islands planted in front of each unit and three trees to be planted along the frontage of the property. As stated above, a landscape strip is proposed to separate the two driveways. The proposed landscaping is in keeping with the style of landscaping seen in the rest of the neighbourhood. Staff find that the plans submitted show a building that will fit in with the rest of the building stock in the neighbourhood - with parking and access that is adequate and landscaping that is in keeping with the character of the neighbourhood. As such, staff recommend that Council support the rezoning application and forward the application to the January 9 th, 2012 Public Hearing for comment by the public. Support Proposal with Conditions If Council were to support the application and eventually adopt the rezoning bylaw as recommended by staff, the property owner would not be obliged to develop the property strictly in-line with the plans submitted in support of the rezoning application. The property owner would have to follow the development regulations for the RD1 (Duplex Residential) zone in the zoning bylaw, but those regulations do not deal with the same form and character type of considerations that were brought up by neighbouring property owners during the public hearing.

5 In this case, form and character considerations, specifically in regard to parking and landscaping, were brought up as concerns from the neighbourhood. Council made the decision to request plans with greater detail prior to approving the rezoning. The property owner has provided such plans, but will still not be required to construct the development in line with the plans unless Council puts in place some form of control over the form and character of the lot. This could be done by including the property in a development permit area or by requiring the property owner to enter into a Section 219 restrictive covenant. Should Council wish to include the property into a development permit area, an amendment to the OCP would be required. If Council chooses to follow this route, a bylaw would have to be introduced to amend the OCP. Alternatively, Council could make the registration of a Section 219 covenant a condition of final adoption. Section 219 of the Land Title Act allows for local governments to be named on the title of a property with respect to how the property is used, what can be built on the property or when the property may be subdivided. In this case, a covenant could include provisions such as requiring a specified amount of landscaping or placing a limit on the driveway width. The covenant could also restrict setbacks and heights beyond what is required by the zoning bylaw. It is unlikely that the plans that were submitted with the rezoning application could be attached to the covenant, but descriptions could be produced which will ensure that general conformance to the plans are adhered to. Deny/ Refer If Council feels that the proposed zone is not appropriate for the property, Council may deny the rezoning application. If Council follows this route, the property owner would only be permitted to construct buildings in line with the R1 (Large Lot Residential) zone on the property, which includes single detached housing, secondary suites, carriage houses and accessory structures. ALTERNATIVES: 1. Receive the new information and forward the application to the January 9 th, 2012 Public Hearing as recommended by staff; 2. Receive the new information and pass a resolution that final adoption of the bylaw be conditional on the property owner entering into a Section 219 Covenant to ensure that the site is designed in general accordance with the submitted plans; and that the application be forwarded to the January 20 th, 2012 Public Hearing; 3. Receive the new information and direct staff to introduce an OCP Amendment Bylaw to include the subject property in the General Multiple Family Development Permit Area; 4. Refer the application back to staff for further review as specified by Council; or 5. Deny the application. Blake Laven, Planning Technologist II

6 ATTACHMENT A Revised Rendering and Landscape Plan ADDITIONAL DETAIL ON LOCATION AND DESIGN OF LANDSCAPING ENTRANCE SHIFTED FROM FRONT TO SIDE Figure 1: Designer's rendering of proposed duplex LANDSCAPE STRIP TO BREAK UP EXPANSIVE ASPHALT DRIVEWAY

7 Figure 2: Landscape Plan

8 ATTACHMENT B Images of Neighbouring Properties Figure 3: 198 Laurel Place located directly to the east of the subject property Figure 4: 431, 433 Pineview Rd located directly to the west of the subject property

9 Figure 5: 2598 Dartmouth Drive located to the west of the subject property Figure 6: 428 Pineview Road located across the street from the subject property

10 ATTACHMENT C Original Staff Report to Council Dated October 03, 2011

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18 THE CORPORATION OF THE CITY OF PENTICTON BYLAW NO A BYLAW TO AMEND THE TEXT OF ZONING BYLAW WHEREAS the Council of the City of Penticton has adopted a Zoning Bylaw pursuant to Section 903 of the Local Government Act; AND WHEREAS the Council of the City of Penticton wishes to amend Zoning Bylaw ; NOW THEREFORE BE IT RESOLVED that the Municipal Council of the City of Penticton, in open meeting assembled, hereby ENACTS AS FOLLOWS: 1. TITLE: THIS Bylaw may be cited for all purposes as THE CITY OF PENTICTON ZONING AMENDMENT BYLAW AMENDMENT: Zoning Bylaw , Schedule A is hereby amended as follows: 2.1 rezone Lot A, DL 2710, SDYD, Plan KAP91127, located at 457 Pineview Rd. from R1, (Large Lot Residential) to RD1 (Duplex Housing) as indicated on the attached plan marked Schedule A. READ A FIRST time this 3rd day of October, A PUBLIC HEARING was held this 17 th day of October, READ A SECOND time, as amended this day of, A SECOND PUBLIC HEARING was held this day of, 2012 READ A THIRD time this day of, ADOPTED this day of, 2012 Notice of intention to proceed with this bylaw was published on the 7 th day of October and the 12 th day of October, 2011, in the Penticton Western and Penticton Herald newspapers, pursuant to Section 94 of the Community Charter. Second Notice of intention to proceed with this bylaw was published on the 30 th day of December, 2011 and the 4 th day of January, 2012, in the Penticton Western newspapers, pursuant to Section 94 of the Community Charter.

19 Dan Ashton, Mayor Karen Burley Corporate Officer