Peace River Regional District REPORT

Transcription

1 Peace River Regional District REPORT To: Regional Board Date: October 30, 2014 From: Jodi MacLean, Assistant Manager of Development Services Subject: Development Variance Permit #DVP RECOMMENDATION: Option 3. THAT the Regional Board pass a resolution to issue Development Variance Permit No , on the basis that the proposal is unlikely to negatively affect adjacent properties. BACKGROUND: At the July 24 meeting the Board resolved as follows: INFORMATION: The subject property is zoned R-1 (Residential 1 Zone) pursuant to PRRD Zoning Bylaw No. 1343, This zone does not allow for a commercial or industrial business as a principal use. Therefore, a covenant preventing a use that is already contrary to the zoning regulations is not warranted. This zone allows for a home-based business that is subordinate to the residential use. The list of permitted home-based businesses is listed in the Home-Based Business regulations (attached). The proposed 2,000 ft² shop would be 40 by 50 and suitable for 2 bay doors. Staff Initials: Dept. Head: CAO: Page 1 of 2

2 Report Chair and Directors October 30, 2014 Page 2 of 2 The applicant has agreed to limit the permitted home-based businesses as it is not their intention to use the accessory building for such purposes. However, they would like to retain the option of operating a home-based business out of the house. The applicant intends to use this accessory building for hobby space and parking and servicing of personal vehicles, including one water truck retained for personal use from a now defunct business. OPTIONS 1. To eliminate potential for a home-based business using the property: THAT the Regional Board pass a resolution to issue Development Variance Permit No upon the registration of a covenant that disallows the use of the property for a homebased business. 2. To accommodate the applicant s request that the option of a home-based business be operated out of the house: THAT the Regional Board pass a resolution to issue Development Variance Permit No upon the registration of a covenant that disallows the use of any accessory building or outdoor area in the operation of a home-based business. 3. To issue the proposed DVP without limiting the potential for a home-based business: THAT the Regional Board pass a resolution to issue Development Variance Permit (DVP) No , on the basis that the proposal is unlikely to negatively affect adjacent properties. The R-1 zone and the July 16, 2014 Development Services Report is attached for review and consideration. STRATEGIC PLAN RELEVANCE: None FINANCIAL CONSIDERATION(S): Applicant is responsible for costs incurred in preparing and registering the covenant. OTHER CONSIDERATION(S):

3 Peace River Regional District Zoning Bylaw No. 1343, 2001 SECTION 34 R-1 (Residential I Zone sq. metres/i.8 ha) Permitted Uses The following PRINCIPAL USES and no others are permitted in a R-1 zone subject to Part IV of this bylaw and subject to Sub-Section 2 of this Section 34; (a) DWELLING UNIT; (b) Market garden; (c) AGRICULTURE; The following ACCESSORY uses and no others are permitted in a R-1 zone, subject to Part IV of this bylaw and Sub-Section 2 of this Section 34: (d) ACCESSORY buildings and ACCESSORY structure; (e) AGRICULTURE-DOMESTIC; (f) BED AND BREAKFAST accommodation; (g) HOME BASED BUSINESS; (h) SECONDARY SUITE; (i) TEMPORARY ADDITIONAL DWELLING. 2. Regulations Minimum Parcel Size (a) The minimum parcel size is 1.8 hectares (4.5 acres) where there is no COMMUNITY SEWAGE SYSTEM; (b) The minimum parcel size is 1000 sq. metres (0.25 acre) when the parcel is connected to a COMMUNITY SEWAGE SYSTEM. except for: i) District Lot 418, except Plan 18222, for which the minimum parcel size is 1,000 sq. metres (0.25 acres) where the parcel is connected to a COMMUNITY SEWAGE SYSTEM or where the parcel has a sewage system approved by the agency having jurisdiction regarding sewage disposal in the area covered by this bylaw. {BL#1 829, 2008} Number and type of DWELLING UNIT(S) (c) One SINGLE FAMILY DWELLING is permitted on a parcel; Height (d) (e) (f) One TEMPORARY ADDITIONAL DWELLING, is permitted on a parcel 0.9 hectares (2.2 acres) and larger where there is no COMMUNITY SEWAGE SYSTEM; One TEMPORARY ADDITIONAL DWELLING, is permitted on a parcel 0.4 hectares (1 acre) and larger when the parcel is connected to a COMMUNITY SEWAGE SYSTEM. No building or structure shall exceed 10 metres (32.8 ft) HEIGHT. 28

4 JngByIaw No. 1343, 2001 Peace River Regional District Zoning Bylaw No. 1343, 2001 SECTION 34 R-1 (Residential I Zone sq. metres/i.8 ha) continued Setbacks (g) Except as otherwise permitted in this bylaw, no PRINCIPAL building or structure shall be located within: (i) (ii) (iii) (iv) 7 metres (23 ft) of a FRONT PARCEL LINE; 3 metres (10 ft) of an INTERIOR SIDE PARCEL LINE; 5 metres (17 ft) of an EXTERIOR SIDE PARCEL LINE; or 5 metres (17 ft) of a REAR PARCEL LINE. (h) Except as otherwise specifically permitted in this bylaw, no ACCESSORY building or structure shall be located within: (i) (ii) (iii) (iv) 7 metres (23 ft) of a FRONT PARCEL LINE; 1.5 metres (5 ft) of an INTERIOR SIDE PARCEL LINE; 5 metres (17 ft) of an EXTERIOR SIDE PARCEL LINE; or 3 metres (10 ft) of a REAR PARCEL LINE. Agriculture (i) (j) AGRICULTURE, use is permitted on parcels 4 hectares (10 acres) and larger; AGRICULTURE DOMESTIC, is permitted on parcels 0.4 hectares (1 acre) and largerj Where AGRICULTURE or AGRICULTURE-DOMESTIC are permitted the following regulations shall apply; (i) Maximum LOT COVERAGE for each commodity group is limited to the following: COMMODITY GROUPS Apiculture (bees) Greenhouse, Nursery, Livestock,* Poultry, Mushroom growing Speciality wood & Turf Game and Fur facility Crops Greenhouse: 75% Nurseries, Speciality 20% Wood Crops & Turf 35% 35% Farms: 35% *CONFINED LIVESTOCK AREAS are included in the LOT COVERAGE restriction. The following structures do not fall under the LOT COVERAGE restrictions: detention ponds support structures used for the shading, frost and wind protection of plants and animals. 7Q

5 Peace River Regional District Zoning Bylaw No. 1343, 2001 SECTION 19 HOME BASED BUSINESS Permitted Uses: a) For parcel sizes less than 1.8 hectares (4.5 acres) any one of the following HOME BASED BUSINESS and no other is permitted provided that it complies with Sub-Section 2 of this Section 19: a) artists studio, c) music studio, d) artesian or craft work shop, e) printing or graphics design studio, f) retailing, including direct marketing catalogue sales and telemarketing, g) assembly or repair of computers, clocks appliances, musical instruments, alarm systems and electronic equipment, h) barber or beauty shop, i) tailor shop, j) shoe repair shop, k) daycare with a maximum of 8 children, I) home teaching or tutoring service with a maximum of 5 students at one time, m) business offices such as; medical, accounting, insurance or consulting, n) locksmith, o) gunsmith, p) taxidermy, q) greenhouse or nursery, repair and servicing of motorized garden equipment, ATV s, inboard / outboard water crafts, snowmobiles and motorbikes, (BL#1 436, 2003) r) repair and servicing of cars, trucks, farm equipment and (BL#1 436, 2003) heavy machinery, where work shall be performed indoors, and not more than 2 vehicles or pieces of equipment associated with the Home Based Business may be stored outside, excluding body work and sandblasting, s) food and beverage preparation and catering away from the premises, t) meat cutting and packing facility, excluding abattoirs, u) taxi or courier service, not exceeding two business related vehicles, v) first aid field contractor, not exceeding two business related vehicles, w) construction trades contractor, not exceeding two business related vehicles x) mobile oil field service contractor, not exceeding two business related vehicles, y) mobile mechanic, not exceeding two business related vehicles. b) For parcel sizes equal to or greater than 1.8 hectares (4.5 acres) any one of the following uses and no others are permitted, provided that they meet Sub-Section 2 of this Section 19: Oil and Gas Field Services contractor, except tank farms and chemical storage, steam wash bay facility, or storage of well servicing, cementing, stimulation, or scrubber systems equipment, (BL#1 921, 2011) trucking contractor, logging contractor, construction trades contractor, including repair and maintenance of heavy trucks and equipment, (BL#1 921, 2011) z) repair and servicing of light trucks, automobiles, motor bikes, farm equipment and machinery, excluding body work and sandblasting, aa) repair and servicing of household appliances, bb) manufacture, repair and sale of furniture or other wood products, excluding pre-fabricated houses, cc) metal fabricating, dd) processing and sale of food products grown or raised on the parcel, ee) any uses listed for parcels less than 1.8 hectares (4.5 acres); 14

6 Peace River Regional District Zoning Bylaw No. 1343, Regulations: HOME BASED BUSINESS shall comply to the following regulations: (a) the HOME BASED BUSINESS must be clearly incidental and subordinate to the PRINCIPAL USE of the property, (b) (c) can only be operated by persons residing on the parcel upon which the HOME BASED BUSINESS is taking place, the following table displays the number of employees that are permitted for a HOME BASED BUSINESS, but who are not resident on the property: Parcel Size Permitted Number of (Bylaw #1 436, 2003) Employees less than 1.8 ha (4.5 acres) 2 equal to or greater than 1.8 ha (4.5 acres) 4 (a) (b) (c) (d) (e) (f) (g) except as provided by Section 19.2 (k) a HOME BASED BUSINESS shall be conducted entirely within a DWELLING or within an ACCESSORY building, the maximum area permitted to be utilized for a HOME BASED BUSINESS within a DWELLING shall not exceed the lesser of 40% of the total FLOOR AREA of the DWELLING or 50 sq. metres (538 sq. ft), there shall be no external display or advertisement other than a sign which shall not exceed 1 sq. metre (11 sq. ft) in area, other than the permitted sign, the character of the external appearance of the land, building or structure shall not be changed to mark the presence of a HOME BASED BUSINESS, shall not produce excessive noise or traffic congestion to constitute a nuisance, shall not produce excessive odours, noxious uses, or utilize materials or products that produce inflammable or explosive vapours or gases, the total number of off-street parking spaces required for employees and customers of a HOME BASED BUSINESS are as follows: Parcel Size Minimum No. of Maximum No. of (Bylaw #1739, 2007) Spaces Spaces less than or equal to 0.2 ha (1/2 acre) 1 4 greater than 0.2 ha (1/2 acre) but 1.8 ha (4.5 acres) 2 4 greater than 1.8 ha (4.5 aces) but 4 ha (10 acres) 3 5 greater than 4 ha (10 acres) 3 6

7 Peace River Regional District Zoning Bylaw No. 1343, 2001 (k) outdoor storage and work area may be permitted in association with a HOME BASED BUSINESS on property zoned A-i, A-2, R-2, R-3, R-4, R-5, R-6 and C-i subject to, the maximum outdoor storage area indicated in the following table: Parcel Size (Bylaw_#1 739,_2007) less than or equal to 0.2 ha (1/2 acre) Maximum Outdoor Storage Area NO outside storage permitted greater than 0.2 ha (V2 acre) but 1.8 ha (4.5 acres) 10% of parcel area to a maximum of 1000 sq. metres ¼ acre) greater than 1.8 ha (4.5 acres) but 4 ha (10 acres) 5% of parcel area greater than 4 ha (10 acres) 5% of parcel area to a maximum of 2000 sq. metres (% acre) (I) shall be restricted to one HOME BASED BUSINESS per legal parcel. SECTION 20 MINIMUM PARCEL SIZE EXEMPTIONS Subject to the Local Services Act there shall be no minimum parcel size requirements for any of the following: (a) for ecological reserves; (b) for fish and wildlife habitat areas, (c) for oil and gas wells, PIPELINES and PRODUCTION FACILITIES, (d) PUBLIC UTILITY USE, other than an office building or works yard, (e) PUBLIC PARK; SECTION 21 MINIMUM PARCEL SIZE FOR SUBDIVISION, FOR A RELATIVE ON NON-ALR LANDS For purposes of Section 946(4) of the Local Government Act, the minimum parcel size for a parcel that may be subdivided to provide a residence for a relative on non-alr lands is 1.8 hectares (4.5 acres). SECTION 22 OFFSTREET PARKING AND LOADING SPACES GENERAL (a) Required offstreet parking and loading spaces shall be located on the same parcel as the use, building or structure they serve, (b) (c) (d) (e) Where the calculations of the number of offstreet parking and loading spaces in this section results in a fraction, one parking or loading space shall be provided in respect of the fraction, Each offstreet parking and loading space shall have at all times access to an aisle which intersects with a Highway. Offstreet loading areas, as required by this bylaw, shall not be credited against the requirement for offstreet parking. Offstreet parking areas, as required by this bylaw, shall not be credited against the requirement for offstreet loading. 16

8 PEACE RIVER REGIONAL DISTRICT DEVELOPMENT SERVICES DEVELOPMENT VARIANCE PERMIT REPORT DVP NO Part 26 Participants. Includes all except District of Tumbler Ridge. OWNER: Karla Marsh DATE: July 16, 2014 AREA: Electoral Area C LEGAL: Lot 5, Plan 12514, Section 2, Township 84, Range 19, W6M, PRD LOT SIZE: 3 ha (7 ac) LOCATION: Clairmont, west of the City of Fort St. John PROPOSAL To increase the maximum accessory building floor area by 142 m 2 (1,533 ft 2 ), from the permitted 232 m 2 (2,497 ft 2 ) to 375 m 2 (4,030 ft 2 ), in order to build a new 186 m 2 (2,000 ft 2 ) shop. RECOMMENDATION: OPTION 1 THAT the Regional Board pass a resolution to issue Development Variance Permit (DVP) No , on the basis that the proposal is unlikely to negatively affect adjacent properties. OPTIONS OPTION 1: THAT the Regional Board pass a resolution to issue Development Variance Permit (DVP) No , on the basis that the proposal is unlikely to negatively affect adjacent properties. OPTION 2: THAT the Regional Board refuse the issuance of Development Variance Permit (DVP) No on the basis that it may result in a truck shop on a residential property. LAND USE POLICIES AND REGULATIONS OFFICIAL COMMUNITY PLAN (OCP): High Density Rural Residential, NPFA OCP By-law No. 1870, 2009 ZONING: R-1 (Residential 1 Zone), PRRD Zoning By-law No. 1343, 2001 AGRICULTURAL LAND RESERVE: Outside Optional BUILDING INSPECTION: SITE CONTEXT The subject property is located along the 269 Road, just north of the Clairmont subdivision, and west of the City of Fort St. John. There is light industrial development on the other side of 269 Road. SITE FEATURES LAND: The property has only a homesite and hobby farm cleared. There is significant tree stands on the south and north ends of the property. STRUCTURES: One house, a 735 ft 2 rabbit house, a 200 ft 2 greenhouse, a 245 ft 2 hay shed, two 245 ft 2 wood sheds, and three miscellaneous sheds. ACCESS: 269 Road FIRE: The subject property is within the Charlie Lake Fire Protection Area. Page 1 of 4 Printed on: 17-Jul-14 12:08:00 PM Department Head CAO Report prepared by: Jodi MacLean, Assistant Manager of Development Services

9 COMMENTS AND OBSERVATIONS APPLICANT: ALR: OCP: File No. 112/2014 The applicant is looking to build a 40 ft x 50 ft detached garage. However, the cumulative floor area of the other buildings result in the desired 2,000 ft 2 putting them over the aggregate accessory building floor area limit. The subject property is outside the ALR, and therefore, the farm buildings (eg. rabbit house, hay shed, etc.) are not exempted from the floor area calculation. The OCP does not address floor building areas. ZONING: The subject property is zoned R-1 (Residential 1 Zone) within Zoning By-law No. 1343, The zoning regulations restrict maximum accessory building floor areas for properties between 1.8 ha (4.5 ac) and 4 ha (10 ac) to 232 m 2 (2,497 ft 2 ). A Development Variance Permit is required to vary this accessory building floor area limit. Buildings less 11 m 2 (118 ft 2 ) are not counted against the aggregate floor area limit. IMPACT ANALYSIS CONTEXT: The purpose of the building is to store a vehicles and personal equipment. The property s only access is off the paved 269 Road which is shared with light industrial properties nearby. The proposed variance amounts to a 61% increase the maximum aggregate accessory building floor area. AGRICULTURE: POPULATION: TRAFFIC: The property is a residential lot; therefore, the proposal should not impact agriculture. The new building will not result in an increase in population. The new building will not result in an increase in traffic. COMMENTS RECEIVED FROM MUNICIPALITIES AND PROVINCIAL AGENCIES MINISTRY OF TRANSPORTATION: NOTIFICATION The Ministry supports the proposal to increase the maximum shop size for Marsh DVP , in order to construct a new 2000 sq ft shop for residential use and storage. The property is not to be used for industrial purposes as Riverview North Road No. 269 is not constructed to industrial standards and is considered a rural residential road. Pursuant to Section 922 of the Local Government Act notification was mailed to nearby landowners on July 7, As of the date of this report there have been no written responses received by the PRRD. Any written comments received after the date of this report will be forwarded to the Regional Board. Page 2 of 4

10 File No. 112/2014 DVP REPORT MARSH MAPS FILE NO. 112/2014 NPFA Official Community Plan 1870, 2009 (Map 5) Subject Property N Zoning By-Law 1343, 2001 (Schedule A Map 10) N Subject Property Page 3 of 4

11 File No. 112/2014 DVP REPORT MARSH MAPS FILE NO. 112/2014 Aerial photo N N Page 4 of 4

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17 PEACE RIVER REGIONAL DISTRICT DEVELOPMENT VARIANCE PERMIT NO DVP ISSUED TO: Karla Marsh SS2 Site 5 Comp 20 Fort St. John, BC V1J 4M7 1. Property affected: Lot 5, Plan 12514, Section 2, Township 84, Range 19, W6M, PRD 2. Official Community Plan: North Peace Fringe Area OCP By-law No. 1870, 2009 Designation: High Density Residential 3. Zoning By-law: PRRD Zoning By-law No. 1343, 2001 Zone: R-1 (Residential 1 Zone) 4. This Development Variance Permit is issued subject to compliance with all of the by-laws of the Regional District applicable thereto, except as specifically varied or supplemented by this Permit. The provisions of this Development Variance Permit shall prevail over any other provisions of the by-laws in the event of a conflict. 5. This Development Variance Permit allows for the following variance of the total accessory building floor area: To increase the maximum accessory building floor area by 142 m2 (1,533 ft2), from the permitted 232 m2 (2,497 ft2) to 375 m2 (4,030 ft2), in order to build a new 186 m2 (2,000 ft2) shop. 6. The land described herein, shall be developed strictly in accordance with the terms, conditions and provisions of this permit and any plans and specifications attached to this Permit which shall form a part thereof. 7. This Permit is NOT a building permit. ISSUED THIS day of, Authorizing Resolution No. passed by the Regional Board this day of, Chris Cvik, Chief Administrative Officer