CITY OF KAMLOOPS ZONING BYLAW AMENDMENTS PUBLIC HEARING NOTICE

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1 CITY OF KAMLOOPS ZONING BYLAW AMENDMENTS PUBLIC HEARING NOTICE The Council of the City of Kamloops hereby gives notice that it will hold a Public Hearing: TIME: PLACE: July 29, 2014, at 7:00 pm City Hall Council Chambers (7 Victoria Street West, Kamloops, BC) Bylaw to consider the following proposed amendments to City of Kamloops Zoning Bylaw No : 1. Location: 2045 Tremerton Drive, as shown on the following map: Purpose: To rezone the subject property on a site-specific basis within the RS-1 (Single Family Residential-1) zone to permit a one-person BodyTalk therapy business as an accessory permitted use. T:\DES\PLAN & DEV\PH NOT\2014\07 29.docx 127

2 ZONING BYLAW AMENDMENTS PAGE 2 Bylaw Location: 2167/2169 Tranquille Road, as shown on the following map: Purpose: To rezone a portion of the subject properties from RS-1 (Single Family Residential-1) to RS-1S (Single Family Residential - Suite) to permit a secondary suite on each of the two proposed lots. A copy of the proposed amendments to City of Kamloops Zoning Bylaw No may be inspected at the Legislative Services Division, City Hall, 7 Victoria Street West, Monday to Friday, between 8:00 am and 4:00 pm. City Hall is located on the following transit routes: No. 1 - Tranquille, No. 2 - Parkcrest, and No. 3 - Westsyde. For schedule and route information, please visit All persons who consider themselves affected by the adoption of the proposed amendments to City of Kamloops Zoning Bylaw No and wish to register an opinion may do so by: 1. Appearing before Council at the said Public Hearing; and/or 2. Forwarding written submissions for Council consideration to the attention of the Legislative Services Division by mail to 7 Victoria Street West, Kamloops, BC, V2C 1A2; by fax to ; or by to legislate@kamloops.ca no later than 4:00 pm the Monday prior to the Public Hearing. For more information on this process, call T:\DES\PLAN & DEV\PH NOT\2014\07 29.docx 128

3 ZONING BYLAW AMENDMENTS PAGE 3 For further information concerning the proposed amendments or for the Development and Engineering Services Department's report to Council, please contact the Planning and Development Division at or visit our website at: Dated July 16, 2014 C. M. Kennedy, CMC Corporate Officer T:\DES\PLAN & DEV\PH NOT\2014\07 29.docx 129

4 CITY OF KAMLOOPS NOTICE FOR DEVELOPMENT VARIANCE PERMIT NO. DVP00427 The Council of the City of Kamloops hereby gives notice that it will be considering a resolution to issue Development Variance Permit No. DVP00427 for the property below at its regular meeting to be held: Location: TIME: PLACE: July 29, 2014, at 7:00 pm City Hall Council Chambers (7 Victoria Street West, Kamloops, BC) 2167/2169 Tranquille Road, as shown on the following map: T:\DES\PLAN & DEV\DVP NOT\2014\DVP00427.docx 130

5 NOTICE OF DEVELOPMENT VARIANCE PERMIT NO. DVP00427 Page 2 Purpose: If approved, the Development Variance Permit would reduce the minimum lot street frontage required in the RS-1 (Single Family Residential-1) zone from 15.0 m to 6.0 m to facilitate the subdivision of two panhandle lots. A copy of proposed Development Variance Permit No. DVP00427 may be inspected at the Legislative Services Division, City Hall, 7 Victoria Street West, Monday to Friday, between 8:00 am and 4:00 pm. City Hall is located on the following transit routes: No. 1 - Tranquille, No. 2 - Parkcrest, and No. 3 - Westsyde. For schedule and route information, please visit All persons who consider themselves affected by the adoption of the proposed Development Variance Permit and who wish to register an opinion may do so by: 1. Appearing before Council at the said Council Meeting; and/or 2. Forwarding written submissions for Council consideration to the attention of the Legislative Services Division by mail to 7 Victoria Street West, Kamloops, BC, V2C 1A2; by fax to ; or by to legislate@kamloops.ca no later than 4:00 pm the Monday prior to the Council Meeting. For more information on this process, call For further information concerning the proposed Development Variance Permit or for copies of background material including reports, site plans, and elevations submitted by the applicant and/or the Development and Engineering Services Department's report to Council, please contact the Planning and Development Division at or visit our website at: Dated July 16, 2014 C. M. Kennedy, CMC Corporate Officer T:\DES\PLAN & DEV\DVP NOT\2014\DVP00427.docx 131

6 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT ON REZONING APPLICATION NO. REZ TREMERTON DRIVE OWNER/APPLICANT: MERYL JANE DAVIES July 3, 2014 PURPOSE To amend the RS-1 (Single Family Residential-1) zone on a site-specific basis to allow a one-person BodyTalk therapy business as an accessory permitted use on the subject property. SUMMARY The subject property is located on Tremerton Drive, south of Chancellor Drive, in Upper Sahali. It is m 2 in area and zoned RS-1 (Single Family Residential-1). The applicant wishes to operate a one-person BodyTalk therapy business. As the home-based business regulations outlined in the Zoning Bylaw do not allow clients to come to the home, a site-specific zoning amendment is required. According to the applicant, BodyTalk therapy aims to help the client manage emotional, physical, and environmental stress; provides insights into the mind and body that need attention; and "refocuses the body's natural healing response to establish better communication within the mind and body, bringing about lasting changes and promoting healing and well-being" (additional information on BodyTalk is available at The applicant has worked as a counsellor for 20 years and works for School District No. 93, Le Conseil Scolaire Francophone, as a teacher and counsellor. The subject property is located in a primarily residential area. KAMPLAN supports the continuation and expansion of home-based businesses within residential areas provided they have minimal impact on neighbouring residents. In this instance, the business will be limited to one client at a time with no employees. The City's home-based business regulations restrict businesses' floor area, signage, hours of operation, and other issues to minimize the impact on the neighbourhood. The existing residence contains a two-car garage, with room on the property for an additional two cars on the driveway (space for four cars in total), which is adequate to accommodate both the residents and the clients attending the business. Given the availability of parking and the fact that the business will be limited to one client at a time, parking and traffic impacts are expected to be minimal. On January 14, 2009, Council approved a Zoning Bylaw amendment for a similar home-based BodyTalk business located at 186 Knollwood Drive in Valleyview. Staff are not aware of any issues or complaints with respect to that business since it was approved. T:\DES\PLAN & DEV\REP\2014\REZ00532.docx 132

7 REZONING APPLICATION NO. REZ00532 July 3, 2014 Page 2 Staff support the application as no technical concerns were raised and the application is supported by KAMPLAN for home-based businesses. As the Public Hearing process provides an opportunity for residents of the area to provide input on the application to Council, staff advise Council to proceed as outlined in the recommendation. RECOMMENDATION: That Council authorize a Public Hearing to consider amending the Zoning Bylaw No , Division Seventeen, RS-1 (Single Family Residential-1), Section 1702, Permitted Uses - Site Specific, by adding the following: "- A one-person BodyTalk therapist in the case of Lot 11, Plan 41651, D.L. 454, K.D.Y.D. (2045 Tremerton Drive)." COUNCIL POLICY KAMPLAN, Section III Neighbourhoods, 3.0 Commercial Development, Policy No the City will support the continuation and expansion of home-based businesses within residential areas provided they have minimal impact on other residents within the neighbourhood. SITE CONDITIONS AND BACKGROUND Neighbourhood - Upper Sahali KAMPLAN Designation - Urban Current Zoning/Use - RS-1 (Single Family Residential-1) Proposed Variance - n/a Surrounding Uses - Single-family residential Application Date - June 3, 2014 Restrictive Covenant - n/a Project Evaluation Team (PET) - June 13, 2014 Parcel Size m 2 MOTI Referral - n/a SUSTAINABILITY IMPLICATIONS The Sustainable Kamloops Plan recommends that the City ensure that appropriate commercial activities are located within all City neighbourhoods to meet residents' needs. Staff are of the opinion that the proposed business is an appropriate addition to the neighbourhood given its small scale and quiet operation. T:\DES\PLAN & DEV\REP\2014\REZ00532.docx 133

8 REZONING APPLICATION NO. REZ00532 July 3, 2014 Page 3 M. Kwiatkowski, P.Eng. Development and Engineering Services Director Approved for Council Consideration: Author: S. Bentley, MCIP, RPP, Planner Reviewed by: E. Beach, MCIP, RPP, Planning and Development Supervisor SB/tb/dla/lm T:\DES\PLAN & DEV\REP\2014\REZ00532.docx 134

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11 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT ON DEVELOPMENT VARIANCE PERMIT APPLICATION NO. DVP00427 REZONING APPLICATION NO. REZ /2169 TRANQUILLE ROAD OWNER: PATRIZIA HUYGHEBAERT APPLICANT: SCOTT HUYGHEBAERT July 7, 2014 PURPOSE To vary the minimum lot street frontage required in the RS-1 (Single Family Residential-1) zone from 15.0 m to 6.0 m for proposed Lots A and D to facilitate subdivision, and to rezone proposed Lots B and C from RS-1 to RS-1S (Single Family Residential - Suite) to permit secondary suites. SUMMARY The subject property is located within the Brocklehurst neighbourhood and has two pre-existing, non-conforming dwelling units and a number of accessory buildings. The existing property is a large, long, gently sloping lot, 7,000 m 2 in area, characteristic of the Brocklehurst neighbourhood. The property is bounded by the 2100 block of Tranquille Road and the South Thompson River with four residential lots adjacent to the west property line and a large estate-style lot adjacent to the east property line. Transit, schools, and the Brock Shopping Centre are located within close proximity to the subject property. The applicant is proposing to subdivide the existing lot into four lots (proposed Lots A, B, C, and D) as detailed on Attachment "A". To accommodate the subdivision, a variance to the minimum 15.0 m lot street frontage is required for proposed Lots A and D to create a 6.0 m-wide panhandle access. There are two existing dwellings and four accessory structures located on the existing parcel. The applicant is proposing to keep the existing dwellings with the exception of the carport/garage attached to the house on proposed Lot A, which will be required to be removed as a condition of subdivision. Both dwellings and the four accessory buildings will conform to the use, siting, and parcel coverage permitted in the RS-1 zone (Attachment "A"). In conjunction with the subdivision and associated Development Variance Permit, the applicant has applied to rezone proposed Lots B and C from RS-1 to RS-1S to permit secondary suites. Both proposed lots will comply with the minimum lot area, lot street frontage, and lot width required in the RS-1S zone. Compliance with the parking requirements for single-family dwellings with secondary suites will be required at Building Permit, should the applications be approved. It should be noted that secondary suites are not permitted on panhandle lots. T:\DES\PLAN & DEV\REP\2014\DVP00427, REZ00522.docx 137

12 DEVELOPMENT VARIANCE PERMIT APPLICATION NO. DVP00427 July 7, 2014 REZONING APPLICATION NO. REZ00522 Page 2 KAMPLAN designates the subject property Urban. In accordance with KAMPLAN, the City will consider residential development proposals within Urban areas in order to encourage infill, intensification, redevelopment, and cost effectiveness. Lots developed with less than 9.0 m in lot frontage (which includes panhandle lots) are designated Development Permit Areas and are subject to the Intensive Residential Design Guidelines, should the properties be redeveloped in the future. Proposed Lots B and C are consistent with the general criteria in evaluating the location for secondary suites as outlined in KAMPLAN; however, the applicant will be required to satisfy the floodplain elevation and parking requirements at the Building Permit stage. The subject property is located within the Brocklehurst area of the North Shore Neighbourhood Plan, which supports the retention of existing larger lots. While the development satisfies the infill objectives of KAMPLAN, the large-lot character of the neighbourhood has been retained with the proposed parcel sizes well exceeding the 464 m 2 minimum lot area permitted in the RS-1 and RS-1S zones. As a condition of subdivision, a road dedication of approximately 2.5 m will be required along with a covenant restricting access points to Tranquille Road and requiring a shared 6.0 m driveway access for proposed Lots A and B, and C and D. Servicing requirements will be addressed as a condition of subdivision. The Development and Engineering Services Department supports the proposed Development Variance Permit and rezoning as the proposed development complies with the land use policy outlined in KAMLPLAN and the North Shore Neighbourhood Plan. RECOMMENDATION: That Council authorize: a) A Public Hearing to consider rezoning Lot 93, D.L. 252 and 253, K.D.Y.D, Plan 1105 (2167/2169 Tranquille Road), from RS-1 (Single Family Residential-1) to RS-1S (Single Family Residential - Suite), for proposed Lots B and C in accordance with Attachment "A"; b) Distribution of Notice of Intent to issue a Development Variance Permit for Lot 93, D.L. 252 and 253, K.D.Y.D, Plan 1105 (2167/2169 Tranquille Road); and c) Subject to approval of items a) and b), issuance of a Development Variance Permit for Lot 93, D.L. 252 and 253, K.D.Y.D, Plan 1105, (2167/2169 Tranquille Road) varying Zoning Bylaw No , Division Seventeen, RS-1 (Single Family Residential-1), Section 1703, Regulations, by reducing the minimum lot street frontage from 15.0 m to 6.0 m for proposed Lots A and D, in accordance with Attachment "A". T:\DES\PLAN & DEV\REP\2014\DVP00427, REZ00522.docx 138

13 DEVELOPMENT VARIANCE PERMIT APPLICATION NO. DVP00427 July 7, 2014 REZONING APPLICATION NO. REZ00522 Page 3 COUNCIL POLICY KAMPLAN: The Official Community Plan The North Shore Neighbourhood Plan SITE CONDITIONS AND BACKGROUND Neighbourhood - Brocklehurst KAMPLAN Designation - Urban Current Zoning/Use - RS-1 (Single Family Residential-1) Proposed Variance - Reduce minimum lot street frontage from 15.0 m to 6.0 m for proposed Lots A and D. Surrounding Uses - Residential Application Date - January 6, 2014 Restrictive Covenant - n/a Project Evaluation Team (PET) - January 10, 2014 Parcel Size - 7,000 m 2 MOTI Referral - n/a SUSTAINABILITY IMPLICATIONS The proposed development complies with the objectives of the Sustainable Kamloops Plan, which includes encouraging infill development in existing neighbourhoods and concentrating development intensification in an existing serviced area. M. Kwiatkowski, P.Eng. Development and Engineering Services Director Approved for Council Consideration: Author: B. L. Smith, MCIP, RPP, Planner Reviewed by: E. Beach, MCIP, RPP, Planning and Development Supervisor BLS/dla/lm Attachment T:\DES\PLAN & DEV\REP\2014\DVP00427, REZ00522.docx 139

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