STAFF REPORT TO COUNCIL

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1 STAFF REPORT TO COUNCIL DATE: July 09, 2013 TO: Mayor Halko and Council FROM: Nelson Wight, Manager of Planning SUBJECT: DEVELOPMENT VARIANCE PERMIT NO ELK VALLEY MOBILE HOME PARK LOT A DL 7781, 8525 and 9488 KD PLAN NEP65613 (7555 Highway 43) PROPOSAL: The applicant is requesting a development variance permit to allow for a reduction in the minimum area for a mobile home space, the minimum width of a mobile home space, and to eliminate the requirements for a buffer area and recreation space for the Elk Valley Mobile Home Park (EVMHP). For additional information, please refer to the documents attached to this report. BACKGROUND: 1. Description The Elk Valley Mobile Home Park (EVMHP) has approximately 60 mobile homes and has been in existence since the 1970 s. There appears not to have been any official approval of the mobile home park layout. The owner, John Koop, intends to redevelop the EVMHP into a conventional subdivision with mobile homes on privately owned lots. He has stated that he plans to rezone the park to R-MH (Modular Home Subdivision / Manufactured Home Subdivision) but a number of steps are required before that can happen: 1) Seek approval from Council for a DVP to approve a mobile home space layout that would satisfy the lot size requirements of the proposed future R-MH zone. Under the current R- MP zone, the development is regulated by the Mobile Home Park Bylaw, which requires sites to be a minimum of 500 m 2 and 15 m wide. Under the R-MH zone, the lots have a minimum size of 405 m 2 and a width of 12 m. There are a number of other sections of the Mobile Home Parks Bylaw that would need to be varied as well; 2) If approved, the owner intends to extend water and sewer services to each of the future lots to District standards, and relocate new mobile homes to these sites (or existing homes that would meet current building standards); and 3) The owner intends to rezone the entire site to the R-MH zone, and subdivide lots in accordance with that zone. Some portions may be zoned to another residential zone to accommodate other forms of development such as duplexes 2. Site Context The property is zoned R-MP, Mobile Home Park and has a future land use designation of Recreation Orientated Residential in the Official Community Plan. Report 1-DVP doc Page 1 of 6 09/07/2013

2 Uses of the surrounding properties are as follows: Direction Zone Activity R-2 - Medium Density Residential & Whiskey Jack Phase 2 Proposed North S-RR - Sparwood Resort Residential Development. East South West A-1 Agricultural Land & PR Parks and Recreation S-RR - Sparwood Resort Residential R-1a Low Density Residential Optional Modular & RR-1b - Low Density Resort Residential Optional Modular Private lot with Single Family Dwelling (8000 Highway 43) & Rivercrest Cemetery Proposed Golf Course (fairway). Currently under development Whiskey Jack Phase 2 Proposed Development. Figure 1: Subject Property Map Report 1-DVP doc Page 2 of 6 09/07/2013

3 3. Technical Comments i 1) Engineering Department 2) Building Official 3) Public Works NOTICE: Figure 2: Aerial image of the subject property. Imagery from No Preliminary Subdivision Layout approval has been applied for and the current application is not for connection to water or sewer nor an application for subdivision; No comments. No comments. Before Council can consider DVP , notice is required to be given to the owners, as shown on the assessment roll as at the date of application for the permit, and to any tenants in occupation, as at the date of the mailing or delivery of the notice, of each parcel, any part of which is the subject of the permit or is within a distance of 60 metres stating: (a) in general terms, the purpose of the Permit; (b) the land or lands that are the subject of the Permit; Report 1-DVP doc Page 3 of 6 09/07/2013

4 (c) the place where and the times and dates when copies of the Permit may be inspected; and (d) the date and time that the Mayor and Council propose to consider adoption of a resolution to issue the Permit. If Council is willing to consider the variance at the August 19, 2013 meeting, notices must be mailed or otherwise delivered to owners and tenants within 60 m of the subject property by August 8, Information packages will be available on our website and at the Main Office as outlined in the attached draft notice. Council has the opportunity to reject this application now before Staff sends notices to the surrounding owners and tenants. DISCUSSION: Figure 3: Subject Property facing West. Aerial Image from June, The owner has stated that his ultimate goal is to redevelop the site to municipal standards, rezone to the R-MH Modular Home Subdivision/Manufactured Home Subdivision zone, and subdivide the property to create individual lots. Approval of a this component of the DVP request would facilitate that objective, as it would allow the owner to create mobile home spaces of a size consistent with the lot size requirements of the R-MH zone. That approval would then allow the owner to extend services to the future lots, allowing for the placement of new mobile homes or existing homes that meet current building standards. The owner has also stated that some portions of the subject property may be zoned to another residential zone to accommodate other forms of development such as duplexes. Width and Size of Mobile Home Space (MHS) The owner has requested a variance to reduce the size of the MHS to be consistent with the lot area and width requirements of the R-MH zone. A lot with a width of 12 metres would be able to accommodate a home, including all decks and additions, with a maximum width of 7.43 m (24.37 ft) so while the lots could accommodate a double wide without any decks, they will more easily fit single wide homes. Mountain View MHP (R-MP zone) and Sycamore Road (R-MH zone) both have mobile Report 1-DVP doc Page 4 of 6 09/07/2013

5 home spaces / lots that range from 12 m 15 m in width. Consequently, Staff has no concerns with this request. Open Space and Landscape Buffer Requirements The owner has requested to vary the open space requirement of the current zone. However, he intends to either dedicate the required 5% of the property for park land, provide a cash-in-lieu equivalent, or a combination of the two at the time of subdivision. Staff does not support this request, because there is no guarantee that this will happen in the future. It is preferred that the open space provision of the existing zone be accommodated in the layout of the mobile home park. The owner has also requested that the landscape buffer requirements be varied. Staff does not support that request. Servicing and Other Concerns The existing EVMHP is serviced by a private water and sewage disposal system. However, the owner has stated that he intends to extend new water and sewer services to the proposed new lots from District water and sewer lines, which are at property line. This would be required before subdivision could occur. In addition, no new homes would be permitted to be placed onsite without approval of a Mobile Home Park Plan. The plans received to date are conceptual only. The actual mobile home park layout would need to be finalized and in a form that could be approved by Staff prior to issuance of the DVP. The applicant is in discussion with the Ministry of Transportation and Infrastructure (MoTI) regarding access. It is likely that the two existing accesses would be reduced to one. Again, the actual layout, including the access to Hwy 43 would need to be finalized prior to issuance of the DVP and approving the Mobile Home Park Plan. RECOMMENDATIONS: 1. RESOLVED that Council authorize notices to be sent to the owners, as shown on the assessment roll as at the date of application for the permit, and to any tenants in occupation, as at the date of the mailing or delivery of the notice, of each parcel, any part of which is the subject of the permit or is within a distance of 60 metres stating that at the Regular Meeting on August 19, 2013 Council will consider Development Variance Permit to vary the following sections of the Mobile Home Parks Bylaw No. 288, 1982 for LOT A DL s 7781, 8525 and 9488 KD PLAN NEP65613 (7555 Highway 43, Elk Valley Mobile Home Park): OPTIONS: 1) Section 4.6 (1), Minimum Area for a Mobile Home Space, is reduced from 500 m 2 (5,382 ft 2 ) to 405 m 2 (4, ft 2 ), a difference of 95 m 2 ( ft 2 ); 2) Section 4.6 (2), Minimum Width of a Mobile Home Space, is reduced from 15 m (49.2 ft) to 12 m (39.37 ft), a difference of 3 m (9.84 m); 3) Section 4.8 (1), Buffer Area, is reduced to 0 m (0 ft) from 4.57 m (15 ft) from remaining boundaries of the park, a difference of 4.57 m (15 ft); 4) Section 5.1 (1), Recreation Area, the gross site area of the mobile home park designated to tenant s recreational uses is reduced from 5% to 0%, a difference of 5%. Council is at liberty to refuse the Variance if they chose to do so. Report 1-DVP doc Page 5 of 6 09/07/2013

6 Respectfully submitted, Nelson Wight Manager of Planning CAO s Initials/Comments: NW/jgw Attached to this report: DVP application Draft DVP Draft Notice Notice Delivery Map i i Additional technical comments may be forthcoming, but were unavailable at the time this report was prepared. Report 1-DVP doc Page 6 of 6 09/07/2013

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12 Development Variance Permit: **DRAFT** SECTION 1 PROPONENT Full Legal Name: John Koop Mailing Address: Box 383 Company Name (if applicable): Elk Valley Investments Ltd. City: Province: Sparwood BC Postal Code: V0B 2G0 SECTION 2 PROPERTY DESCRIPTION Civic Address: 7555 Highway 43 Parcel Identifier: Lot: District Lot: Plan: Block: Folio: A 7781, 8525 AND 9488 KD PLAN NEP Schedule Attached: YES NO Notes: Schedule A Attached Zone: R-MP (Mobile Home Park) SECTION 3 PURPOSE OF PERMIT Residential Commercial Industrial Other: Description of Variance (general terms): Reduce the minimum area for a mobile home space, the minimum width of a mobile home space, reduce the requirements for a buffer area and greenspaces SECTION 4 VARIANCE Section in Bylaw No. 288 is reduced hereby varied as follows: Minimum Area for a Mobile Home Space, is reduced from 500 m2 (5,382 ft2) to 405 m2 (4, ft2), a difference of 95 m2 ( ft2); Section in Bylaw No. 288 is reduced hereby varied as follows: Minimum Width of a Mobile Home Space, is reduced from 15 m (49.2 ft) to 12 m (39.37 ft), a difference of 3 m (9.84 m); Section in Bylaw No. 288 is reduced hereby varied as follows: Buffer Area, is reduced to 0 m (0 ft) from 4.57 m (15 ft) from remaining boundaries of the park, a difference of 4.57 m (15 ft Section in Bylaw No. 288 is reduced hereby varied as follows: The gross site area of the mobile home park designated to tenant s recreational uses is reduced from 5% to 0%, a difference of 0%. Box Spruce Avenue, Sparwood BC V0B 2G0 Ph:

13 Development Variance Permit Page 2 of 2 SECTION 5 TERMS AND CONDITIONS Permit Specific Conditions: Park layout required Expiration Date: This permit laspses within two (2) years following the date of issuance, if the holder of the permit does not substantially commence construction with respect to which the permit was issued. General Conditions: This Development Variance Permit is issued subject to compliance with all Bylaws of the Municipality applicable thereto, except as specifically varied by this Permit. This permit shall not have the effect of varying the use or density. Notice of this permit shall be filed in the Land Title Office at Kamloops, B.C. under Section 922(1) of the Local Government Act, and upon such filing, the terms of this permit or any amendment hereto shall be binding upon all persons who acquire an interest in the land affected by this permit. The application along with any siting, fencing, landscaping plans, exhibits, photographs, samples and written material submitted form a part of this permit. This permit applies only to those lands within the Municipality, and any and all buildings, structures and other development thereon, described in Section 2 of this permit. This permit prevails over the provisions of the Bylaw in the event of conflict. This permit is not a building permit; the applicant must apply separately for a building permit, sign permit, or other authorizations as required under the Bylaws of the District of Sparwood or other enactments. SECTION 6 AUTHORIZATION Date of Authorizing Resolution Passed By Council: Mayor Director of Corporate Services Application Fee Paid $750 Receipt: NOTES: Property File Number: Permit Number: Spruce Avenue, Box 520 Sparwood BC V0B 2G0 Ph:

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15 PUBLIC NOTICE Council for the District of Sparwood will, at the Regular Meeting at 7:00 p.m. on August 19, 2013, consider a resolution issuing a Development Variance Permit on Lot A DL 7781, 8525 & 9488 KD Plan NEP65613 (7555 Highway 43, Elk Valley Mobile Home Park) that would vary: 1) Section 4.6 (1), Minimum Area for a Mobile Home Space, is reduced from 500 m 2 (5,382 ft 2 ) to 405 m 2 (4, ft 2 ), a difference of 95 m 2 ( ft 2 ); 2) Section 4.6 (2), Minimum Width of a Mobile Home Space, is reduced from 15 m (49.2 ft) to 12 m (39.37 ft), a difference of 3 m (9.84 m); 3) Section 4.8 (1), Buffer Area, is reduced to 0 m (0 ft) from 4.57 m (15 ft) from remaining boundaries of the park, a difference of 4.57 m (15 ft); 4) Section 5.1 (1), Recreation Area, the gross site area of the mobile home park designated to tenant s recreational uses is reduced from 5% to 0%, a difference of 5%. Applicant: Elk Valley Investments Address: Box 383 Sparwood, BC V0B 2G0 All persons who believe that their interest is affected by the proposed variance shall be afforded a reasonable opportunity to be heard in person, by a representative, or by written submission on the matters contained within DVP at the Regular Council Meeting. Written submissions may be sent to the District of Sparwood, Box 520, Sparwood, BC V0B 2G0. Electronic submissions by should be sent to sparwood@sparwood.ca. Please note that due to potential issues, all submissions sent by should be confirmed by phone at the number listed below. These submissions must be received by no later than 4:00 p.m. on August 19, 2013 in order to ensure their availability to Council at the Regular Meeting. All submissions must include your name and street address and are considered public information, pursuant to the Freedom of Information and Protection of Privacy Act. The above Variance and related staff reports and background information may be inspected online at or at the Municipal Office, 136 Spruce Avenue, Sparwood, B.C., during regular office hours of 8:30 a.m. - 4:00 p.m. local time, Monday to Friday, with the exception of those days that the office is closed for the holidays, as noted below: August 5, 2013 CLOSED FOR BC DAY DVP Notice.docx 7/9/2013 Page 1 of 2

16 Additional information may be obtained by contacting the Planning Department at 136 Spruce Avenue or (250) Nelson Wight, Manager of Planning Dated this 10th day of July, 2013 DVP Notice.docx 7/9/2013 Page 2 of 2