ZONING AMENDMENT Bylaw 2012-22 (Housekeeping) PUBLIC NOTICE IS HEREBY given that Council intends to adopt Zoning Amendment Bylaw 2012-22 to amend Zoning Bylaw 2011-23 as follows: 1. Section 10.6.1 (Permitted Uses) Add.7 major home occupation (subject to specific use regulation 8.5) as a permitted use in Section 10.6.1; 2. Section 10.6.3.3 (Other Regulations) Add to Section 10.6.3.3, Major home occupation use shall only be permitted within a single detached dwelling or accessory building ; 3. Section 10.6.2.4 Increase the maximum permitted density from 0.6 FAR to 0.8FAR Any person whose interest may be affected by the proposed amendment may appear in person, by petition or by attorney the evening of the Regular Council Meeting on Monday, November 19, 2012 at 6:00 p.m. Delegations and Submissions will be received no later than 9:30 a.m. Monday, November 19, 2012 to Attention: Corporate Officer, City of Penticton, 171 Main Street, Penticton, BC V2A 5A9; Email: publichearings@penticton.ca. No letter, report or representation from the public will be received by Council after the conclusion of the Public Hearing. Please note that all submissions are a matter of public record. Those persons with special hearing, language or access needs should contact City Hall at 250-490-2400 prior to the meeting. The above mentioned bylaws and supporting information may be inspected between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding holidays, up to and including Monday, November 19, 2012, in the offices of the Development Services Department and Corporate Administration Department at Penticton City Hall, 171 Main Street, Penticton or online at http://www.penticton.ca/en/meta/city-news/latest-news.html
Director AH City Manager COUNCIL REPORT DATE: November 5 th, 2012 File No: 3360-01 TO: Annette Antoniak, City Manager FROM: Blake Laven, Planner PURPOSE: Housekeeping Amendments to Zoning Bylaw 2011-23 RECOMMENDATION: THAT Council support the following amendment to the City of Penticton Zoning Bylaw 2011-23 to include under Section 10.6 RD2-Duplex Housing: Lane the following: 1. Section 10.6.1 Permitted Uses Add #.7 major home occupation (subject to specific use regulation 8.5); 2. Section 10.6.2 Subdivision and Development Regulations Remove #.4 Maximum density: 0.6 FAR and Replace #.4 Maximum density: 0.8 FAR; 3. Section 10.6.3 Other Regulations Add.3 Major home occupation use shall only be permitted within a single detached dwelling or accessory building. AND THAT the City of Penticton Zoning Amendment Bylaw 2012-22 be introduced, read for the first time and forwarded to the November 19 th, 2012 Public Hearing. FINANCIAL IMPLICATIONS: N/A BACKGROUND: Since the adoption of Zoning Bylaw 2011-23, in September 2011, staff have brought forward a number of housekeeping amendments to ensure the bylaw is as efficient, accurate and easy to use as possible. Staff have received favorable feedback on the improved bylaw as it has now been in existence for more than a year. Most of the housekeeping amendments to date have been broad in nature, this particular amendment is more specific in nature, dealing with the RD2 (Duplex Housing: Lane) zone only. Through discussions with residents in the zone and developers looking to construct in the zone, two issues have been brought to staff s attention that have required review. The first issue is that the bylaw does not currently allow for major home occupations in situations where there is only a single detached dwelling located on a property in the RD2 zone, while all other low density residential zones do permit major home occupations in single detached dwellings. The second issue is the restrictive floor area ratio in the RD2 zone. It was brought to staff s attention that the site coverage and the Floor Area Ratio (FAR) are not in line with each other, severely limiting the development potential of properties in the zone. Page 1 of 4
Proposal This bylaw proposes to make amendments to Section 10.6 RD2 (Duplex Housing: Lane) of Zoning Bylaw 2011 23 as follows: Add major home occupation (subject to specific use regulation 8.5) as a permitted use in Section 10.6.1 Add Section 10.6.3.3, Major home occupation use shall only be permitted within a single detached dwelling or accessory building Change: Section 10.6.2.4 from: maximum density of 0.6 FAR; to: maximum density of 0.8 FAR. ANALYSIS: Support The subject bylaw proposes two major changes to the RD2 zone. A description of the changes and staff s comments are as follows: Adding major home occupation use to the RD2 zone: All of the other low density single and two family zones in the zoning bylaw, save for the mobile home park zone, allow for major home occupations. This is not the case with the RD2 zone. Most likely, the reason that this use was not permitted, is because this zone is intended for dense residential housing on small urban lots. The major home occupation use has requirements for parking and permits several visits per day for the business. It may have been thought that this was too high of an activity for the type of development envisioned in the zone. The problem is that many of the properties with this zone feature single detached dwellings that are identical to other properties that allow the major home occupation use. Staff are suggesting that in these cases, where there are existing single detached houses, that the major home occupation use be permitted. Increase in density from 0.6 FAR to 0.8 FAR: The RD2 zone is intended for dense duplex development of an urban nature. Working with a few different designers it was brought to staff s attention that the floor area ratio did not allow for the realization of the intended use of properties in the zone. Specifically, the site coverage in the zone is listed as 40%. If a designer were to build to the 40% allowable footprint, a proper up/down duplex could not be built, because the FAR is only 0.6. It was suggested, and staff agree, that the FAR should be increased to 0.8 to be in-line with the site coverage. For the reasons listed above, staff recommend that Council give first reading to Zoning Amendment Bylaw 2012-22 and forward it to the November 19 th Public Hearing for public input. Deny / Refer Council may feel that the changes are not in the public interest or that further information is necessary. If that is the case, Council should refer the application back to staff for further research, or deny first reading of the bylaw. Page 2 of 4
ALTERNATE RECOMMENDATIONS: 1. Refer the application back to staff 2. Deny first reading ATTACHMENT: Attachment A Proposed Zoning Bylaw Amendments Respectfully submitted, Blake Laven, RPP, MCIP Planner Page 3 of 4
Attachment A Proposed Zoning Bylaw Amendments Section 10.6.1 Add major home occupation (subject to specific use regulation 8.5) as a permitted use in Section 10.6.1 Section 10.6.3.3 Add Section 10.6.3.3, Major home occupation use shall only be permitted within a single detached dwelling or accessory building Section 10.6.2.4 Change: Section 10.6.2.4 from: maximum density of 0.6 FAR; to: maximum density of 0.8 FAR. Page 4 of 4
THE CORPORATION OF THE CITY OF PENTICTON BYLAW NO. 2012-22 A BYLAW TO AMEND ZONING BYLAW 2011-23 WHEREAS the Council of the City of Penticton has adopted a Zoning Bylaw pursuant to Section 903 of the Local Government Act; AND WHEREAS the Council of the City of Penticton wishes to amend Zoning Bylaw 2011-23; NOW THEREFORE BE IT RESOLVED that the Municipal Council of the City of Penticton, in open meeting assembled, hereby ENACTS AS FOLLOWS: 1. TITLE: THIS Bylaw may be cited for all purposes as City of Penticton Zoning Amendment Bylaw 2012-22. 2. AMENDMENT: Zoning Bylaw 2011-23 is hereby amended as follows: 1. Section 10.6.1 (Permitted Uses) Add.7 major home occupation (subject to specific use regulation 8.5) as a permitted use in Section 10.6.1; 2. Section 10.6.3.3 (Other Regulations) Add to Section 10.6.3.3, Major home occupation use shall only be permitted within a single detached dwelling or accessory building ; 3. Section 10.6.2.4 3.1 Delete Section 10.6.2.4 maximum density: 0.6 FAR; and 3.2 Replace Section 10.6.2.4 maximum density: 0.8 FAR. READ A FIRST time this 5 th day of November, 2012. A PUBLIC HEARING was held this day of November, 2012. READ A SECOND time this day of November, 2012. READ A THIRD time this day November, 2012.
Notice of intention to proceed with this bylaw was published on the 9 th day of November, 2012 and the 14 th day of November, 2012, in the Penticton Western newspapers pursuant to Section 94 of the Community Charter. ADOPTED this day of November, 2012 Dan Ashton, Mayor Karen Burley, Corporate Officer