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1 When? Where? Why? Tuesday, December 1, 2015, 7:00 pm Council Chambers, City Hall, 7 Victoria Street West Kamloops City Council will hold a Public Hearing to consider the following proposed amendments to City of Kamloops Zoning Bylaw No Property Location: 903 Battle Street Bylaw No Purpose: To discharge the existing Land Use Contract and to amend the RT-1 (Two Family Residential-1) zone on a site-specific basis to allow office use. Property Location: 730 Yates Road Bylaw No Purpose: To rezone the subject property from RS-2 (Single Family Residential-2) to RS-1S (Single Family Residential - Suite) to facilitate the construction of a new single-family dwelling with a secondary suite. S:\DCS\PH Combined_NOT.docx 132

2 Notice for Public Hearing Page 2 Property Location: 3555 Tranquille Road Bylaw No Purpose: To rezone the subject property in the A-1 (Agricultural) zone on a site-specific basis to allow an additional mobile home. Questions? Contact the Planning and Development Division at or access relevant background material at Copies of background materials are also available at City Hall for review between the hours of 8:30 am and 4:30 pm, Monday-Friday (excluding statutory holidays). Have Your Say: Mail Fax Speak legislate@kamloops.ca 7 Victoria Street West Kamloops BC V2C 1A In person at the meeting Written submissions must include your name and address and be received no later than 4:00 pm on December 1, Written submissions, including your name and address, are included in the Council Agenda and will be posted on the City's website as part of the permanent public record. Please note that the City considers the author's address relevant to Council's consideration of this matter and will disclose this personal information. S:\DCS\PH Combined_NOT.docx 133

3 November 10, 2015 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT ON REZONING APPLICATION NO. REZ BATTLE STREET OWNER/APPLICANT: KAMLOOPS DENTURE AND IMPLANT CENTRE LTD., INC. NO. BC PURPOSE To discharge the existing Land Use Contract (LUC) and to amend the RT-1 (Two Family Residential-1) zone on a site-specific basis to allow office use. SUMMARY The subject property (903 Battle Street) is located at the corner of 9th Avenue and Battle Street in the City Centre neighbourhood and is 557 m 2 in area. The property is zoned RT-1 and is subject to LUC No. M72403 and subsequent Amendment No. KC19759 allowing a dental laboratory and a clock and instrument repair shop. The property is currently operating as a denture and implant centre and contains examination rooms, a dental lab, and a denture shop. While the RT-1 zone does not allow office use, an LUC was registered against the title of the property in 1977 permitting dental laboratory use. The applicant has proposed releasing the existing LUC and amendment in advance of the provincial termination of all LUCs by June 30, After this date, the existing denture and implant centre would become pre-existing, non-conforming and, if the use were to cease for a period of six months, it would no longer be permitted. The applicant has proposed replacing the LUC with a site specific amendment to the RT-1 zone to allow office use. The proposed LUC discharge and site-specific amendment will allow for the continued operation of the property as is, as well as the opportunity for other office or residential use, subject to compliance with the provisions of Zoning Bylaw No The siting and site layout of the existing building is pre-existing, non-conforming. The dental laboratory use complies with the office parking requirement of three off-street parking spaces per 100 m 2 of gross leasable area (GLA) with a total GLA of 105 m 2. Sufficient area for the provision of four off-street parking spaces is provided at the rear of the building. Any redevelopment or expansion would require compliance with the Zoning Bylaw's off-street parking regulations. KAMPLAN designates the property as Urban, which allows for neighbourhood commercial use subject to individual evaluation. In this case, the property has been functioning in a commercial capacity as a denture and implant centre for many years, and the proposed site-specific rezoning to allow a full range of office uses at this location is not anticipated to have a significant impact. S:\DCS\REZ00573_REP.docx 134

4 REZONING APPLICATION NO. REZ00573 November 10, 2015 Page 2 The City Centre Neighbourhood Plan discourages site-specific commercial conversions located east of 6th Avenue. The subject property was approved for dental laboratory use in 1977, prior to the existing City Centre Plan policy, and has been functioning for many years without adversely affecting the neighbourhood; therefore, staff feel the proposed office use is acceptable. The Development and Engineering Services Department supports the proposed LUC discharge and site-specific rezoning as the established denture and implant centre use has not negatively impacted the neighbourhood and the proposed site-specific rezoning will update the zoning of the site in advance of the provincial termination of LUCs in Therefore, staff advise Council to proceed as outlined in the recommendation. RECOMMENDATION: That Council authorize: a) A Public Hearing to consider amending Zoning Bylaw No , Division Twenty Four, RT-1 (Two Family Residential-1), Section 2402, Permitted Uses Site Specific, by adding: "- Office use in the case of Lot 1, D.L. 234, K.D.Y.D., Plan 1058 (903 Battle Street);" and b) Discharge of Land Use Contract Nos. M72403 and KC19759 from Lot 1, D.L. 234, K.D.Y.D., Plan 1058 (903 Battle Street). COUNCIL POLICY KAMPLAN, Section and City Centre Plan, Section 4.3 SITE CONDITIONS AND BACKGROUND Neighbourhood - City Centre KAMPLAN Designation - Urban Current Zoning/Use - RT-1 (Residential Two Family-1) and Land Use Contract/denture and implant centre Proposed Zoning/Use - RT-1 (Residential Two Family-1) site-specific to allow office use Surrounding Uses - Single- and two-family residential Application Date - September 4, 2015 Restrictive Covenant - n/a Project Evaluation Team (PET) - September 25, 2015 Parcel Size m 2 MOTI Referral - n/a S:\DCS\REZ00573_REP.docx 135

5 REZONING APPLICATION NO. REZ00573 November 10, 2015 Page 3 SUSTAINABILITY IMPLICATIONS The Sustainable Kamloops Plan (SKP) strives to achieve a balance between social, economic, and environmental sustainability, which includes developing land in a compact and efficient manner that reduces the impact of the built environment on the natural environment. The SKP notes the importance of ensuring appropriate commercial activities are located within all City neighbourhoods. M. Kwiatkowski, P.Eng. Development and Engineering Services Director Approved for Council Consideration: Author: B. Smith, Planner Reviewed by: E. Beach, MCIP, RPP, Planning and Development Supervisor R. Martin, MCIP, RPP, Planning and Development Manager BS/ts/kjm S:\DCS\REZ00573_REP.docx 136

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8 November 10, 2015 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT ON REZONING APPLICATION NO. REZ YATES ROAD OWNERS/APPLICANTS: TREVOR AND LINDA BENTZ PURPOSE To rezone the subject property from RS-2 (Single Family Residential-2) to RS-1S (Single Family Residential - Suite) to facilitate the construction of a new single-family dwelling with a secondary suite. SUMMARY The subject property is located in the Westsyde neighbourhood, is zoned RS-2, and is 3,679 m 2 in area. The property fronts Yates Road immediately adjacent to the City's proposed new emergency water intake, the North Thompson River, and residential properties zoned RS-2 to the north and west. The property contains a small single-family dwelling with a footprint of 51 m 2 and a 48 m 2 accessory building (Attachment "A"). There were originally two dwellings on the parent parcel. One dwelling was the applicant's primary residence, which is to be removed as it is located on the portion of the property that was sold to the City for the emergency water intake project. The small, pre-existing, non-conforming second dwelling is on the remainder lot. The applicants would like to retain the existing dwelling and construct an addition abutting it to the south, thereby converting the existing dwelling into a secondary suite (Attachment "A"). To accommodate this proposal, the subject property must be rezoned from RS-2, which permits only single-family dwellings, to RS-1S, which allows for single-family dwellings with secondary suites. The subject property meets the RS-1S requirements for minimum frontage (15 m), lot area, and 40% front yard landscaping. The property also provides ample area for the three required, unobstructed parking spaces. The existing single-family dwelling that will become the suite within the new building has a pre-existing, non-conforming rear setback of 1.8 m. The proposed new home must be constructed in compliance with the minimum 6 m rear yard setback and the existing non-conforming setback cannot be expanded. Any reconstruction of the home would be required to comply with all applicable setbacks and regulations of the proposed RS-1S zone. S:\DCS\REZ00563_REP.docx 139

9 REZONING APPLICATION NO. REZ00563 November 10, 2015 Page 2 KAMPLAN designates the subject property as Urban. In accordance with KAMPLAN, the City will consider residential development proposals in Urban areas to encourage infill, intensification, redevelopment, and utilize existing infrastructure. KAMPLAN also promotes a broad range of housing types to reflect different lifestyles, and income levels. The subject property meets the general criteria for evaluating the siting of suites. Westmount Elementary School is located within 400 m, and the nearest bus stop is located within 110 m of the subject property. The conceptual site plan (Attachment "A") has been designed to maintain access to the existing detached garage; however, it must comply with the Provincial Riparian Area Regulations (RAR) and will be subject to a RAR Development Permit prior to issuance of a Building Permit. The Development and Engineering Services Department supports the proposed rezoning as it complies with the land use policies outlined in KAMPLAN and the zoning requirements of the RS- 1S zone, and advises Council to proceed as outlined in the recommendation. RECOMMENDATION: That Council authorize a Public Hearing to consider rezoning Lot 1, Sec. 25, Twp. 20, Rge. 18, W6M, K.D.Y.D., Plan EPP8869 (730 Yates Road), from RS-2 (Single Family Residential-2) to RS-1S (Single Family Residential - Suite), to permit a secondary suite. COUNCIL POLICY KAMPLAN Sections and 1.4.3A SITE CONDITIONS AND BACKGROUND Neighbourhood - Westsyde KAMPLAN Designation - Urban Current Zoning/Use - RS-2 (Single Family Residential-2)/Single-family residential Proposed Zoning/Use - RS-1S (Single Family Residential - Suite)/Single-family residential with secondary suite Surrounding Uses - Single-family residential, emergency water intake Application Date - June 15, 2015 Restrictive Covenant - n/a Project Evaluation Team (PET) - June 26, 2015, and October 30, 2015 (revised plan) Parcel Size - 3,679 m 2 MOTI Referral - n/a S:\DCS\REZ00563_REP.docx 140

10 REZONING APPLICATION NO. REZ00563 November 10, 2015 Page 3 SUSTAINABILITY IMPLICATIONS The proposed development complies with the objectives of the Sustainable Kamloops Plan, which include 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. Smith, MCIP, RPP, Planner Reviewed by: E. Beach, MCIP, RPP, Planning and Development Supervisor R. Martin, MCIP, RPP, Planning and Development Manager BS/lm/ts/kjm Attachment S:\DCS\REZ00563_REP.docx 141

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14 November 10, 2015 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT ON REZONING APPLICATION NO. REZ TRANQUILLE ROAD OWNER/APPLICANT: JERRY RATH PURPOSE To authorize a site-specific amendment to the A-1 (Agricultural) zone to allow an additional dwelling unit (mobile home) on the subject property. SUMMARY The subject property is located on the south side of Tranquille Road. The ha property is zoned A-1 and is within the Agricultural Land Reserve (ALR). Two mobile homes and various farm buildings, including a horse barn, are on the property, and the applicant would like to add a third mobile home to house additional farm help. The first mobile home is the principal residence, while the second mobile home is considered a legal non-conforming use as it was approved in 1990 under Zoning Bylaw No , 1979, which, at the time, contained regulations in the A-1 zone allowing for an additional mobile home provided it was necessary for farm use (Attachment "A"). These regulations were removed from the current Zoning Bylaw No as site-specific rezoning applications became the preferred option of assessing the need for additional dwellings for farm help in the ALR. The applicant runs approximately 65 head of cattle in the summer on an irrigated pasture and trains roping and cutting horses year-round. The second mobile home was located on site for the applicant's horse trainer and his wife, who both helped with the irrigation system, property maintenance, and the cattle. The horse trainer recently passed away, and his widow would like to remain on the property in her existing mobile home to provide help with gardening and other small tasks. The applicant is not able to maintain the long-term agricultural viability of the farm without help and is not able to add additional farm help without displacing the widow. The applicant is requesting approval for a third mobile home on the property to allow his stepson to take over management of the farm (Attachment "A"). As part of the proposal, the applicant will register a housing agreement stipulating that the mobile home occupied by the widow of the horse trainer will be removed when it is no longer required by its current occupant and that the third mobile home will be removed when it is no longer required for farm help (Attachment "B"). This agreement will allow the property to remain agricultural, remove the threat of displacement for current residents, and provide an opportunity for a new farmer to gain agricultural experience. S:\DCS\REZ00575_REP.docx 145

15 REZONING APPLICATION NO. REZ00575 November 10, 2015 Page 2 The Agricultural Land Commission Act states that more than one residence on a parcel of land is permitted for farm help in the ALR, unless prohibited by a local government. The act does not limit the number of residences; however, it stipulates that these residences must be mobile or modular homes no wider than 9 m. The intent is to accommodate farming operations of various sizes that require additional labour. KAMPLAN: City of Kamloops Official Community Plan states that the City will ensure agricultural lands are preserved for agricultural purposes and agricultural viability is enhanced. The recently adopted Agricultural Area Plan (AAP) includes goals and policies designed to encourage agriculture and a set of criteria for evaluating plans or proposals related to agricultural land. Water service is available, and previous percolation tests indicate a third septic system can be constructed on the property. Kamloops Fire Rescue has confirmed the property has no fire hydrant protection, as the closest fire hydrant is over 1.3 km away. No other technical concerns were raised in the review of the application; as such, it is recommended that Council proceed as outlined in the recommendation. RECOMMENDATION: That Council authorize: a) A Public Hearing to consider amending Zoning Bylaw No , Division Five, A-1 (Agricultural), Section 502, Permitted Uses - Site Specific, by adding the following: "- One accessory dwelling (premanufactured home) in the case of Plan 17979, Lot 3, D.L. A, Group 2, K.D.Y.D., (3555 Tranquille Road)."; b) Preparation of a bylaw for the issuance of a housing agreement limiting the use of the new dwelling to farm help only and including a sunset clause for the current occupant of the mobile home included as Attachment "B". COUNCIL POLICY KAMPLAN, and more specifically the Agricultural Area Plan, includes goals and policies designed to encourage agriculture and includes a criteria to evaluate plans or proposals related to agricultural lands. Applications should be evaluated based on the effects of the proposal on the following: The agricultural potential of the subject property and/or the agriculture industry; Adjacent ALR properties and surrounding agricultural production; Local/regional economic development; Intergenerational equity; Water resources and transportation issues; S:\DCS\REZ00575_REP.docx 146

16 REZONING APPLICATION NO. REZ00575 November 10, 2015 Page 3 A rating of the priority or impact of the application on the maintenance of the agricultural land; Where appropriate, possible alternatives to the proposal; and The identification of issues relating to the protection of the ALR land specific to the application, including the use of appropriate buffering techniques aimed at enhancing land use compatibility. The proposal to add a third dwelling to the subject property enhances many of the criteria listed above, including the positive effect on agricultural potential of the subject property and intergenerational equity. If approved, the proposal will permit the property to remain agricultural with no significant increased demand on water or transportation resources. While the scope of the current agricultural operation does not impact the economy at the municipal or regional scale, it is important to consider the positive economic impact on the applicant and the current long-term, elderly resident of the property. The surrounding properties are also agricultural and the continued viability of this operation is expected to have positive impacts on their neighbours. SITE CONDITIONS AND BACKGROUND Neighbourhood - Tranquille KAMPLAN Designation - Agriculture Current Zoning/Use - A-1 (Agricultural)/Farm with two mobile home dwellings Proposed Zoning - A-1 (Agricultural) - site-specific to permit one additional mobile home dwelling Surrounding Uses - Active farms (all within the ALR) Application Date - September 21, 2015 Restrictive Covenant - Housing agreement Project Evaluation Team (PET) - October 2, 2015 Parcel Size ha MOTI Referral - n/a SUSTAINABILITY IMPLICATIONS The Sustainable Kamloops Plan recommends the City increase the number of active farms in the Kamloops area and the number of affordable housing units. This application will maintain an active farm and provide secure housing tenure to current residents of the property. The portable nature of the mobile homes allows the land they occupy to easily be returned to agricultural use, and the housing agreement ensures the additional mobile home can only be used for farm help to support agricultural uses. S:\DCS\REZ00575_REP.docx 147

17 REZONING APPLICATION NO. REZ00575 November 10, 2015 Page 4 M. Kwiatkowski, P.Eng. Development and Engineering Services Director Approved for Council Consideration: Author: S. Hanson, MUP, Planning Technician Reviewed by: E. Beach, RPP, MCIP, Planning and Development Supervisor R. Martin, RPP, MCIP, Planning and Development Manager/Approving Officer SH/lm/ts/kjm Attachments S:\DCS\REZ00575_REP.docx 148

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21 ATTACHMENT B HOUSING AGREEMENT THIS AGREEMENT made this day of, BETWEEN: AND: WHEREAS: CITY OF KAMLOOPS 7 Victoria Street West Kamloops BC V2C 1A2 (hereafter called the "City") JERRY RATH 3555 Tranquille Road Kamloops BC V2B 2L3 (hereafter called the "Owner") OF THE FIRST PART OF THE SECOND PART A. The City may, under Section 905 of the Local Government Act, enter into a housing agreement with an owner regarding the occupancy of the housing project identified in this agreement. B. The Owner is the registered owner, in fee simple, of the lands described as PID: Legal: Lot 3 District Lot A Group 2 Kamloops (Formerly Lytton) Division Yale District Plan (hereinafter called the "Lands") and wishes to place a third mobile home on the property for farm help (hereinafter called the new mobile home ) and establish a sunset clause regarding an existing mobile home (MHR #48377) on the property. C. The City wishes to enter into this agreement to establish terms and conditions regarding the occupancy of the Project on the Lands identified in this agreement, and the Owner has agreed. NOW THEREFORE THIS AGREEMENT WITNESSES, that pursuant to Section 905 of the Local Government Act, and for good and valuable consideration, the parties hereto covenant and agree with the other as follows: 1. The Owner shall not permit the existing mobile home (MHR #48377) to be occupied by anyone other than the current tenant (Maxine Grass) and the existing mobile home will S:\LEGS\Council ARM Development (c7)\ \pdf's separate\housing AGREEMENT Tranquille 152 Road.docx 1 November 26, 2015

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