REZONING APPLICATION

Transcription

1 REGIONL DISTRICT of NORTH OKNGN PLNNING DEPRTMENT INFORMTION REPORT REZONING PPLICTION DTE: February 9, 07 FILE NO.: PPLICNT: LEGL DESCRIPTION: C-RZ RDNO c/o Parks Department Lot, District Lot 5, ODYD, Plan KP760, Except Plan KP899 P.I.D.#: CIVIC DDRESS: PROPERTY SIZE: SERVICING: PRESENT ZONING: PROPOSED ZONING: O.C.P. DESIGNTION: PROPOSED USE: 4 East Vernon Road 6.5 ha Greater Vernon Water / on-site septic Country Residential (C.R) Large Holding (L.H) gricultural gricultural and rural residential PLNNING DEPRTMENT RECOMMENDTION: That Zoning mendment Bylaw No. 74, 07 which proposes to rezone a 55.5 ha portion of the property legally described as Lot, District Lot 5, ODYD, Plan KP760, Except Plan KP899 and located at 4 East Vernon Road, Electoral rea C from the Country Residential Zone (C.R) to the Large Holding Zone (L.H) as shown on Schedule attached to and forming part of Zoning mendment Bylaw No. 74, 07 be given First and Second Readings and be forwarded to a Public Hearing. BCKGROUND: This report relates to an application to rezone a 55.5 ha portion of the property located at 4 East Vernon Road from the Country Residential (C.R) zone to the Large Holding (L.H) zone to satisfy the conditions of approval of the gricultural Land Commission relating to a boundary adjustment subdivision between the subject property and two parcels located along its western boundary that have frontage on Mutrie Road. Site Context

2 Rezoning pplication No C-RZ (RDNO c/o Parks Department) Page The subject property is zoned and designated as Country Residential (C.R) and gricultural to reflect that the lot is within the gricultural Land Reserve. 06 air photo and maps of the LR boundary and the zoning of the surrounding properties are attached to this report. The property is bounded by BX Road to the north, East Vernon Road to the east and 9 th venue to the southwest. Small farms, rural and residential properties surround the subject property on all sides and Mutrie dog park is located adjacent to the west property line. portion of the west boundary line borders the City of Vernon boundary near in the southwest corner. The property is farmed in forage crops and contains a single family dwelling, an old barn, a hay shed and a farm equipment storage building. The property has access from East Vernon Road. The Proposal The applicant proposes to rezone a 55.5 ha portion of the subject property from the Country Residential Zone (C.R) to the Large Holding Zone (L.H) as shown on Schedule to accompany Zoning mendment Bylaw No. 74, 07 and as delineated on the attached pril 8, 06 BC Land Surveyor plan of the proposed boundary adjustment subdivision. The purpose of the rezoning is to satisfy one of the Provincial gricultural Land Commission (PLC) conditions associated with their approval of the proposed boundary adjustment subdivision under Resolution #7/06 that was approved on February 9, 06. The PLC decision allows a boundary lot line adjustment between the subject property and two properties located to the west that have frontage on Mutrie Road. In making their decision, the PLC applied conditions to reduce the width of the walking space; install a 6 high fence along the perimeter; secure the irrigation water rights for the farm and rezone the agricultural remainder lot from the C.R zone to an agriculture friendly zone with a large minimum lot size to reflect its use in the gricultural Land Reserve (eg. LH zone). The proposed boundary adjustment subdivision would create a 4.8 ha lot for passive recreation and wildlife scenery viewing that would link Mutrie Road Park to Black Rock Park and BX Ranch Park. The 4.8 ha lot would front Mutrie Road, BX Road, 9 th venue and East Vernon Road. The proposed 55.5 ha lot would front East Vernon Road. The use of the 55.5 ha is not proposed to change. ZONING BYLW: 55.5 ha portion of the subject property is proposed to be rezoned from the Country Residential (C.R) zone to the Large Holding (L.H) zone. Uses permitted in the L.H zone include ancillary single family dwellings, bed and breakfast use, boarding house use, community care facilities, fruit and produce pickers cabins, home occupation use, intensive agricultural use, manufactured homes, packing houses, public parks and playgrounds, single family dwellings, two family dwellings, veterinary clinics, wineries and cideries, work force housing units and secondary suites. The maximum number of dwellings permitted on parcels in the Large Holding zone and the LR is one Single Family Dwelling or one Two Family Dwelling. One ncillary Single Family Dwelling is also permitted provided it is ancillary to an existing single family dwelling. The minimum lot size standard of the L.H zone is 0.5 ha. OFFICIL COMMUNITY PLN:

3 Rezoning pplication No C-RZ (RDNO c/o Parks Department) Page The Electoral reas B and C Official Community Plan designates the land use of the subject property as gricultural. small portion of the property adjacent to BX Road is within a Wildfire Interface rea, however a Development Permit is not triggered for the boundary adjustment subdivision. The following OCP gricultural Lands Policies are relevant to the application: ll uses and subdivision of land within the gricultural Land Reserve (LR) shall be in accordance with the gricultural Land Commission ct regulations thereto or Orders and Policies of the Commission (throughout this Plan these documents are combined in references to the gricultural Land Commission ct ). The minimum parcel size for gricultural lands shall be 0.5 ha unless otherwise approved by the gricultural Land Commission. Large parcel sizes and setbacks are encouraged and supported through the Zoning Bylaw regulations to minimize the potential for land use conflicts and to support long term agricultural use consistent with the gricultural Land Commission ct objectives. Support the gricultural Land Commission in its efforts to protect and enhance farmland. Where land is in the LR, minimum parcel sizes shall apply only when the land is excluded from the LR; or approved for subdivision within the LR pursuant to the gricultural Land Commission ct, regulations thereto, or orders of the Commission; or exempted by the gricultural Land Commission ct, regulations thereto, or orders of the Commission. Support the retention of large land holdings and the consolidation of small parcels of land to help maintain and establish economically viable farms. Subdivisions within the LR which involve boundary adjustments that allow for the more efficient use of agricultural land will also be supported; Encourage strategies that will see large agricultural land holdings retained and parcels consolidated and operated as single agricultural operations rather than broken up as individual land tenures with multiple ownership. Riparian and Swan Lake Development Permit rea (RSLDP) The subject property will require a Riparian and Swan Lake Development Permit at the time of subdivision. The primary objective of the Riparian and Swan Lake Development Permit designation is to regulate development activities in watercourses and their riparian areas in order to preserve natural features, functions and conditions that support natural processes. Environmentally Sensitive Lands Development Permit rea The subject property will require an Environmentally Sensitive Lands Development Permit at the time of subdivision as portions of the subject property fall within areas of High and Very High conservation ranking as identified on Schedule C of the Official Community Plan. The primary objective of the Environmentally Sensitive Lands Development Permit rea designation is to regulate development activities in areas of High and Very High conservation value to protect rare and fragile terrestrial ecosystems and habitat for endangered species or native rare vegetation or wildlife.

4 Rezoning pplication No C-RZ (RDNO c/o Parks Department) Page 4 PLNNING NLYSIS: The Planning Department recommends that the application to rezone a 55.5 ha portion of the subject property from the Country Residential (C.R) zone to the Large Holding (L.H) zone be supported as it conforms to the Official Community Plan policies and the Zoning Bylaw of the Regional District. In this regard, the rezoning will support the retention of large land holdings and the consolidation of small parcels of land to help maintain an economically viable farm. Rezoning a portion of the subject property will also satisfy Item No. 0.d of the Provincial gricultural Land Commissions Resolution #7/06 to rezone the proposed agricultural remainder to an agriculture friendly zone with a large minimum lot size to reflect its use within the LR. s noted below, the subject rezoning application was referred for comments to various agencies and organizations. In response, the City of Vernon has recommended that as a condition of rezoning approval, there should be road right-of-way dedication along the portion of the property fronting Mutrie Road and the property owner should enter into a Works Contribution greement that would govern the future off-site works and services in the widened road right-of-way area and to the centerline of Mutrie Road. The Planning Department notes that the Ministry of Transportation and Infrastructure issued a preliminary letter of approval for the proposed boundary adjustment subdivision on January 9, 06 and that the conditions of approval include the dedication of Mutrie Road as requested by the City. The Planning Department has not recommended that the Regional District enter into a Works Contribution greement for upgrades to Mutrie Road as a condition of rezoning approval as the subject property does not front Mutrie Road and the application does not propose to rezone the park property which fronts Mutrie Road. In this case, the rezoning is specific to a proposed 55.5 ha lot which is proposed to be used for agricultural and rural residential purposes and not for park purposes. lso, the proposed 55.5 ha lot would not front Mutrie Road, nor would it gain access from it. The Planning Department acknowledges that the proposed boundary adjustment subdivision allows for an expanded use of the park property fronting Mutrie Road, and as such, it is suggested that any future upgrades or expansion of the park be considered in conjunction with upgrades to Mutrie Road. Schedule of Zoning mendment Bylaw No. 74, 07 as attached to this report defines the 55.5 ha portion of the subject property proposed to be rezoned. The Planning Department recommends that the Board of Directors grant First and Second Readings to Zoning mendment Bylaw No. 74, 07 and forward the bylaw to a Public Hearing. SUMMRY: This report relates to an application to rezone a 55 ha portion of the property located at 4 East Vernon Road. The Planning Department recommends support as the application conforms to the Official Community Plan policies and the Zoning Bylaw of the Regional District. In addition, rezoning the subject property will satisfy one of the conditions relating to the approval of a boundary adjustment subdivision from the Provincial gricultural Land Commission. In this regard, the Planning Department recommends that Zoning mendment Bylaw No. 74, to rezone a 55 ha portion of the subject property from the Country Residential Zone (C.R) to the Large Holding Zone (L.H) be granted First and Second Readings and be forwarded to a Public Hearing.

5 Rezoning pplication No C-RZ (RDNO c/o Parks Department) Page 5 REFERRL COMMENTS: The application was referred for comments to the following:. Electoral rea C Director. Electoral rea C dvisory Planning Commission. Building Inspection Department 4. BX/Swan Lake Fire Department 5. Ministry of Transportation and Infrastructure The Ministry s District Development Technician provided the following comments: The rezoning is beyond 800 m from a Controlled ccess Highway and therefore, the Ministry of Transportation and Infrastructure have no legislated authority in the process. The rezoning has no effect on the MoTI requirements of subdivision approval (File No ). Note: The Ministry of Transportation and Infrastructure issued a preliminary letter of approval for the proposed boundary adjustment subdivision on January 9, 06 Conditions of approval include written confirmation of approval from the LC; written confirmation from the RDNO of compliance with all their bylaws; dedication of East Vernon Road 0 m from mean existing centerline or m beyond all cuts and fills, whichever is greater and dedication of Mutrie Road to match the existing dedication of the adjacent properties to the north and south. 6. City of Vernon The City of Vernon Current Planning Manager provided the following comments: s a condition of rezoning approval, there should be road right-of-way dedication along the portion of the subject property fronting Mutrie Road. The property owner should enter into a Works Contribution greement that would govern the future off-site works and services in the widened road right-of-way area and to the centerline of Mutrie Road. The following recommendations are to be considered when the proposed lots are to be developed for public use purposes: More than one access should be provided to the new large lot Consideration should be made for sufficient parking provisions at the provided access to the property Primary access to the property on 9 th venue is recommended and will be supported by the City of Vernon. ccess from Mutrie Road north to 4 rd venue is not supported. ny proposed change of access to Mutrie Road may be contingent on upgrading of Mutrie to 9 th venue Ensure adequate road dedication at BX Road to allow construction of a minimum of 0 metres of asphalt (two travel lanes and two shoulders) to coincide with the Cities planned cross section to the west Drainage routing through the site should be protected The top of slope and toe of slope of any adjacent roads be protected Note: The Ministry of Transportation and Infrastructure referred the boundary adjustment subdivision application City of Vernon for comments. In response, the Current Planning Manager recommended that road dedication along Mutrie Road be required as a condition of the proposed subdivision.

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7 File: pplicant: Location: ELECTORL RE "C" REZONING PPLICTION SUBJECT PROPERTY MP C-RZ Regional District of North Okanagan Parks Department 4 East Vernon Road

8 File: pplicant: Location: ELECTORL RE "C" REZONING PPLICTION 06 ORTHOPHOTO MP C-RZ Regional District of North Okanagan Parks Department 4 East Vernon Road

9 File: pplicant: Location: ELECTORL RE "C" REZONING PPLICTION GRICULTURL LND RESERVE BOUNDRY MP C-RZ Regional District of North Okanagan Parks Department 4 East Vernon Road

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12 REGIONL DISTRICT OF NORTH OKNGN BYLW No. 74 bylaw to rezone lands and amend the Zoning Map attached to the Regional District of North Okanagan Zoning Bylaw No. 888, 00 to change a zone designation WHERES pursuant to Section 479 [Zoning bylaws] of the Local Government ct, the Board of the Regional District of North Okanagan may, by Bylaw, divide the whole or part of the Regional District into zones, name each zone, establish boundaries for the zones and regulate uses within those zones; ND WHERES the Board has created zones, named each zone, established boundaries for these zones and regulated uses within those zones by Bylaw No. 888, being the Regional District of North Okanagan Zoning Bylaw No. 888, 00 as amended; ND WHERES, pursuant to Section 460 [Development approval procedures] of the Local Government ct, the Board must, by bylaw, define procedures under which an owner of land may apply for an amendment to a Zoning Bylaw and must consider every application for an amendment to the bylaw; ND WHERES the Board has enacted the Regional District of North Okanagan Development pplication Procedures and dministrative Fees Bylaw No. 5, 008 as amended to establish procedures to amend an Official Community Plan, a Zoning Bylaw, or a Rural Land Use Bylaw, or to issue a Permit: ND WHERES the Board has received an application to rezone property; NOW THEREFORE, the Board of the Regional District of North Okanagan in open meeting assembled, hereby ENCTS S FOLLOWS:. This Bylaw may be cited as Zoning mendment Bylaw No. 74, 07.. The zoning of a 55.5 ha portion of the property legally described as Lot, District Lot 5, ODYD, Plan KP760, Except Plan KP899 and located at 4 East Vernon Road, Electoral rea C is hereby changed from the Country Residential Zone [C.R] to the Large Holding Zone [L.H] as shown on the attached Schedule. Read a First and Second Time this day of, 07 dvertised on this day of, 07 this day of, 07 Public Hearing held this day of, 07 Read a Third Time this day of, 07

13 Bylaw No. 74 Page of pproved by Minister of Transportation and Infrastructure (Transportation ct s. 5()) this day of, 07 DOPTED this day of, 07 Chair Deputy Corporate Officer

14 6 PLN P.764 D ELECTORL RE "C" S KP87659 KP KP948 PLN 50 PLN 4 64 L.44 PLN 474 RD. KP760.0ha PLN 848KP455 KP760.90ha KP7770 KP947 KP455 KP ha KP44 KP H907 H PCL. COVENNT KP76856 KK677 BX ROD SRW PLN KP ha KP899 NORTHERLY 0' 4 PLN 6 4 PLN 599 H687 PCL.B (COV) KP76856 KP760 5 KP7509 KP760 K KP CRRIGE CT. 6 8 BOLDUC ROD KP55 9 PLN KP PLN K KP576 PLN 5 Lot 5 Plan 50 PLN 574 KP7770 KP ha 6 COV KP8660 EST VERNON ROD S 66' LOT 8 7 PLN 5 W 6.5 OF LOT P.474 KP PLN 4084 DD 8648F KP760 P.9640 PLN 78 KP60090 KP60090 S 0.5' 7 PLN 5 H77 LN 474 B B SCHEDULE "" to accompany the Regional District of North Okanagan "Zoning mendment Bylaw No. 74, 07". 464 PLN P.67 P.67 6 P 5 6 P 5 rea rezoned from Country Residential Zone (C.R.) to Large Holding Zone (L.H.) shown... I hereby certify this to be a true and correct copy of SCHEDULE "" attached to and forming part of the Regional District of North Okanagan "Zoning mendment Bylaw No. 74, 07". Dated at Coldstream, BC this day of, 07 :6,000 Corporate Officer