HomeMy Public PortalAboutPublic Hearing - Zoning Amendment Bylaw 1380.22 -
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TOWN OF OLIVER
Public Hearing Meeting Agenda
February 28, 2022, at 7:00 PM
in Council Chambers
Page
A. CALL TO ORDER
B. STATEMENT OF THE CHAIR
C. BYLAWS
1. Zoning Amendment Bylaw 1380.22 - 6955 Meadows Drive
- Director of Development Services report attached
Zoning Amendment Bylaw 1380.22 - 6955 Meadows Drive
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D. ADJOURNMENT
1. Adjourn
REGULAR OPEN COUNCIL REPORT
Development Services Department
For the February 28, 2022 Council Meeting
DATE: February 28, 2022 File No. Z 2021-33
TO:
Mayor and Council
FROM:
Randy Houle, Director of Development Services
RE:
Zoning Amendment - 6955 Meadows Drive
RATIONALE:
This application is seeking a zoning amendment from AGX (Agriculture Transition) to RS1
(Residential Low Density One) for a portion of 6955 Meadows Drive, legally known as Lot 1,
District Lot 2450s, SDYD, Plan 3044, Except Plans B5334 and B6668, to facilitate a lot line
adjustment of the common property line between the subject property and 6940
Mountainview Drive.
OPTIONS:
1. Council may choose to support the Staff recommendation.
2. Council may choose not to support the Staff recommendation.
3. Council may choose to refer back to Staff for additional information.
RECOMMENDATION:
That Zoning Amendment Bylaw 1380.22 be read a third time; and
That Zoning Amendment Bylaw 1380.22 be forwarded to the Ministry of Transportation for
approval prior to adoption.
General:
Organizational:
ITEM C. - 1.
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Financial:
Legal/Statutory Authority:
Strategic Plan:
Good Governance
BACKGROUND:
Site Context:
The subject property is zoned AGX (Agriculture Transition) and is designated by Official
Community Plan 1370 as LR (Low Density Residential). A single family dwelling is constructed on
the west half of the parcel with an underutilized green space on the east half of the property.
The surrounding pattern of development consists of single family and agricultural uses.
Proposal:
The applicant is proposing to rezone the front half of the subject property from AGX
(Agriculture Transition) to RS1 (Residential Low Density One) in order to facilitate a lot line
adjustment between the subject property and 6940 Mountainview Drive. This will allow the
underutilized east half of the subject property to be consolidated with 6940 Mountainview
Drive in which it will be developed as a vineyard.
The subject property is approximately 0.37 hectares in area, with 6940 Mountainview Drive
being 0.47 hectares in area. It is noted that these parcels do not meet the 1 hectare minimum
required in the AGX zone. Section 9.1.2 (c) of the zoning bylaw states that the minimum parcel
size for subdivision requirements do not apply to the alteration of lot lines between two or
more parcels where the alteration does not reduce the site area of the parcels involved to a size
less than that of the smallest parcel that existed prior to the alteration. For clarity, this means
that the smaller parcel of the two can not become smaller through the lot line adjustment
process. In this case, the subject property (6955 Meadows Drive) is the smaller parcel and is
being reduced from 0.37 hectares to approximately 0.15 hectares.
Given that the OCP designation for this parcel is Low Density Residential, the most appropriate
option to achieve the lot line adjustment is to rezone the front half to RS1 (Residential Low
Density One). The minimum parcel size for subdivision in the RS1 zone is 555m2, in which the
proposed 1500m2 parcel will meet. This proposal will also lead to an increase in the area of
6940 Mountainview Drive from approximately 0.47 hectares to 0.69 hectares which is closer to
the 1 hectare minimum.
ITEM C. - 1.
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Regulatory Provisions:
The Low Density Residential policies of the OCP state that the Town of Oliver supports these
lands for single family dwellings, duplexes, secondary suites, carriage homes, accessory
structures, manufactures homes, parks, institutional buildings and neighbourhood commercial
uses. The proposed zoning amendment which retains the existing single family dwelling, is
aligned with this designation.
Analysis:
Support Zoning Amendment Bylaw 1380.22
Staff considers the zoning amendment to allow for the proposed development represents best
use of the land for the following reasons:
• The proposal is consistent with the OCP designation of Low Density Residential.
• The proposal will allow for the conversion of an underutilized agriculture zoned portion
of a property into the expansion of a neighbouring vineyard. A maintenance road will be
constructed along the south portion of the future vineyard, acting as a buffer from the
single family homes to the south (along Chardonnay Place).
• The proposal is consistent with the trend of single family residential properties fronting
Meadows Drive in this area.
Deny Zoning Amendment Bylaw 1380.22
Council may consider that the rezoning is not compatible with the surrounding neighbourhood.
If this is the case, Council should deny the zoning amendment. Alternatively, Council may
choose to refer the application back to Staff to work with the applicant further.
REFERRALS:
Approval from the Ministry of Transportation and Infrastructure (MoTI) is required prior to
adoption of Zoning Amendment Bylaw 1380.22 as the proposed amendment will apply to lands
within 800 metres of a “controlled area” (i.e. Highway 97). MOTI has granted preliminary
approval of the rezoning for a period of one year.
The application was referred to various internal and external departments with no concerns
raised.
PUBLIC PROCESS:
ITEM C. - 1.
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Notice of the February 28, 2022 Public Hearing was mailed to residents within 100.0m of the subject
property. A public notification sign was installed on the subject property and notice of the public hearing
was advertised in two editions of the local print newspaper.
COUNCIL REPORT/RESOLUTION HISTORY:
At the February 14, 2022 Regular Open Council Meeting, the followin g resolution was passed:
R-40/2022 It was MOVED and SECONDED
That Zoning Amendment Bylaw 1380.22 be read a first and second time and proceed to a
public hearing; and
That the holding of the public hearing be scheduled for February 28, 2022; and
That Staff give notice of the public hearing in accordance with the requirements of the
Local Government Act.
CARRIED
Respectfully Submitted:
______________________________________
Randy Houle
Director of Development Services
Approved By: Department: Status:
Ed Chow, Chief Administrative Officer Approved - 18 Feb 2022
Attachments:
attachments
1380.22 Zoning Amendment Bylaw (6955 Meadows Drive)
ITEM C. - 1.
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Figure 1: Property Location Map
Figure 2: Ortho Map
ITEM C. - 1.
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Figure 3: OCP Map
Figure 4: Zoning Map
ITEM C. - 1.
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Figure 5: Proposed Lot Line Adjustment
Figure 6: Proposed 1,500m2 zoning amendment area shown in blue
ITEM C. - 1.
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Figure 7: Street frontage of existing dwelling
Figure 8: Rear portion of existing dwelling & area subject to zoning amendment
ITEM C. - 1.
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Figure 9: Rear portion of subject property to become part of 6940 Mountainview Drive
Figure 10: Rear Portion showing adjacent homes on Chardonnay Place
ITEM C. - 1.
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TOWN OF OLIVER
BYLAW 1380.22
A Bylaw to Amend Town of Oliver Zoning Bylaw 1380
The Council of the Town of Oliver, in open meeting assembled, ENACTS AS FOLLOWS:
1. This bylaw may be cited for all purposes as “Zoning Amendment Bylaw 1380.22.”
2. The Zoning Bylaw Map, being Schedule ‘B’ of the Town of Oliver Zoning Bylaw No. 1380 is
amended by changing the land use designation of the shaded yellow portion of the parcel
described as Lot 1, DL 2450s, SDYD, Plan 3044, Except Plans B5334 and B6668 (6955
Meadows Drive) as shown on Schedule ‘A’, which forms part of this bylaw, from AGX
(Agriculture Transition) to RS1 (Residential Low Density One).
Read a first and second time on the 14th day of February, 2022.
Public hearing held on the ___ day of _____________, 2022.
Read a third time on the ___ day of ___________, 2022.
Adopted on the __ day of ___________, 2022.
_______________________ ____________________________
Mayor Corporate Officer
Approved pursuant to section 52(3)(a) of the Transportation Act this __ day of
___________, 2022
ITEM C. - 1.
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Zoning Amendment Bylaw No. 1380.22 Page 2
Schedule ‘A’
NN
Amend Zoning Bylaw 1380:
from: AGX (Agriculture Transition)
to: RS1 (Residential Low Density One)
(YELLOW SHADED AREA)
ITEM C. - 1.
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