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HomeMy Public PortalAboutPublic Hearing - Zoning Amendment Bylaw 1380.23 - ____________________________________________________________ TOWN OF OLIVER Public Hearing Meeting Agenda February 14, 2022, at 7:00 PM Hybrid via Zoom Page A. CALL TO ORDER B. STATEMENT OF THE CHAIR C. BYLAWS 1. Zoning Amendment Bylaw 1380.23 - Lots 5 & 6, KAP64043 - Director of Development Services report attached Zoning Amendment Bylaw 1380.23 - Lots 5 & 6, KAP64043 2 - 32 D. ADJOURNMENT 1. Adjourn REGULAR OPEN COUNCIL REPORT Development Services Department For the February 14, 2022 Council Meeting DATE: February 14, 2022 File No. Z 2021-35 TO: Mayor and Council FROM: Randy Houle, Director of Development Services RE: Zoning Amendment - Lots 5 & 6, KAP64043 RATIONALE: This application is seeking a zoning amendment from RS4s (Residential Low Density Four Site- Specific) to RD1s (Residential Low Density Duplex Site-Specific) to facilitate the subdivision of 10 duplex lots on a portion of Lots 5 & 6, District Lot 2450s, SDYD, Plan KAP64043. 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 give the bylaw third reading w ith a condition that prior to adoption, the properties be added to the multiple family development permit area. RECOMMENDATION: That Zoning Amendment Bylaw 1380.23 be read a third time; and That Zoning Amendment Bylaw 1380.23 be forwarded to the Ministry of Transportation for approval prior to adoption. General: Organizational: Financial: ITEM C. - 1. Page 2 of 32 Legal/Statutory Authority: Strategic Plan: Good Governance BACKGROUND: Site Context: The subject properties are zoned RS4s (Residential Low Density Four Site-Specific) and are designated by Official Community Plan 1370 as LR (Low Density Residential). The subject properties are currently undeveloped and located in a central location, in close proximity to the river channel. The surrounding pattern of development consists of single and multi-family residential as well as institutional uses. Background & Proposal: In 2015, the subject properties were rezoned from Residential Medium Density to Residential Low Density by Zoning Amendment Bylaw 1350.03. In 2018, preliminary approval was issued by the Town for a 27-lot single family subdivision of the subject properties. This subdivision did not proceed in its entirety, with the developer instead subdividing 9 lots along the west portion of Bentgrass Avenue in 2020. Rather than subdividing the remainder properties into 18 single family lots, the proposal is to rezone a portion to create 10 duplex lots with 6 single family lots resulting in a total of 26 dwelling units. 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 is aligned with this designation as duplexes are considered low density development. Development Statistics: The following table outlines the proposed development statistics on the plans submitted with the application: Provision Current RS4s RD1 Zone RD1s ITEM C. - 1. Page 3 of 32 Minimum Parcel Size 350.0m2 555.0m2 450m2 Minimum Parcel Width 12.0m 18.0m 15.0m Minimum Parcel Depth 25.0m 27.0m 24.0m Minimum Setbacks: front parcel line: rear parcel line: interior parcel line: exterior parcel line: 3.0m 1.5m 1.5m 3.0m 4.5m 6.0m 1.5m 3.5m 6.0m 3.0m 1.5m 3.5m Maximum Height 10.0m 10.0m 10.0m Maximum Coverage: 50% 50% 50% Minimum Parking Spaces 2 per dwelling 4 total 4 total Analysis: Support Zoning Amendment Bylaw 1380.23 Staff considers the zoning amendment to allow for the proposed development represents best use of the land for the following reasons: • The residential policies of the OCP speaks to prioritizing residential growth and infill within the Town's boundaries over the extension of boundaries. These policies also speak to encouraging higher density forms of housing in single-family neighbourhoods, such as secondary suites and duplexes. • The Low Density Residential policies of the OCP speak to establishing a maximum net density for duplexes of 45 dwelling units per hectare. The area subject to the zoning amendment is 0.46 hectare (1.13 acres) in size, which results in a maximum of 21 duplex units permitted. The proposed 20 duplex units meet this requirement. • The proposal is located adjacent to other two-storey multi-family uses and along an arterial road. • The proposal in close proximity to the downtown, parks and other services. The proximity to the hike and bike path encourages more walking and active forms of transportation. There is an existing town covenant on the title of the subject properties which requires all dwellings to have a minimum roof pitch of 5/12, eave overhangs of at least 16 inches, six exterior faces to the building, minimum building width of 24ft, stucco or fibre cement siding and an off-set garage. The Housing Needs Report completed in 2020 indicates that in order to meet basic housing demand by 2025, 59 three-bedroom units are required which is broken down into 29 owner ITEM C. - 1. Page 4 of 32 and 30 rental. It is anticipated that the majority of the duplex units will be three bedrooms, thus making a significant contribution towards this requirement. Several site specific provisions have been added to the bylaw for the following reasons: • vacation rentals are prohibited in the current RS4s zone, thus this has been carried forward for consistency purposes. • a reduction in the required minimum width, depth and area of the duplex lots is consistent with the smaller than typical lots in this area. The proposed lots will allow for sizeable duplexes (approximately 1,700ft2 each half) to be created without any future variances required. The preliminary site plan features two-storey duplexes with a single car garage and living space on the main floor with three bedrooms on the seco nd floor. • the required front parcel line setback of 6.0m will ensure that four vehicles can be parked entirely on the property to satisfy bylaw requirements. Through the frontage improvements required along Meadows Drive, it is anticipated that upwards of 15 new on-street parking spaces will be created that do not exist now. These spaces can be functionally utilized by 6 of the 10 duplex lots that back onto Meadows Drive, thus reducing the on-street parking demand along Bentgrass Avenue. • the current rear parcel line setback in the RS4s zone is 1.5m, thus it is appropriate to double to 3.0m for duplexes to help limit impacts on the neighbours and to increase the rear yard amenity space. It should be noted that the proposed zoning amendment will still allow for single family dwellings with suites to be constructed if the plans of the developer change. For the reasons listed above, Staff recommend that Zoning Amendment Bylaw 1380.23 be read a third time. Deny/Refer Zoning Amendment Bylaw 1380.23 ITEM C. - 1. Page 5 of 32 Council may consider that the addition of duplexes to the area is not compatible with the surrounding neighbourhood. If this is the case, Council should deny the zoning amendment. Alternatively, Council may consider giving third reading to the bylaw but require that prior to adoption that an OCP amendment occur to add the properties to the multiple family development permit area and include duplexes as part of this area. This will ensure that the form and character of the duplexes and landscaping are held to a high standard and similar to that of the conceptual renderings attached to the report. Council may also defer third reading until the OCP amendment is completed. REFERRALS: Approval from the Ministry of Transportation and Infrastructure (MoTI) is re quired prior to adoption of Zoning Amendment Bylaw 1380.23 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 several items to be addressed at the subdivision stage. As part of the required off-site works, the entire Meadows Drive frontage will be upgraded with new sidewalk, streetlights, boulevard trees and irrigation along with new asphalt and a wider road with on-street parking spaces. PUBLIC PROCESS: Notice of the February 14, 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 January 24, 2022 Regular Open Council Meeting, the following resolution was passed: R-25/2022 It was MOVED and SECONDED That Zoning Amendment Bylaw 1380.23 be read a first and second time and pro ceed to a public hearing; and That the holding of the public hearing be scheduled for February 14, 2022; and ITEM C. - 1. Page 6 of 32 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 - 25 Jan 2022 Attachments: Attachments 2021-12-07 - Subdivision Plan 2022-01-07 - Site Plan and Renderings 2021-12-07 - Letter of Intent 1380.23 Zoning Amendment Bylaw Site Specific (Lots 5 & 6 KAP64043) ITEM C. - 1. Page 7 of 32 Figure 1: Property Location Map ITEM C. - 1. Page 8 of 32 Figure 2: OCP Map Figure 3: Zoning Map ITEM C. - 1. Page 9 of 32 Figure 4: Proposed Zoning Amendment Area ITEM C. - 1. Page 10 of 32 Figure 5: 27-lot Subdivision (2018) not completed ITEM C. - 1. Page 11 of 32 Figure 6: Completed 9-lot Subdivision (2020) ITEM C. - 1. Page 12 of 32 Figure 7: Meadows Drive Elevation of Subject Properties Figure 8: Bunchgrass Avenue Elevation of Subject Properties ITEM C. - 1. Page 13 of 32 Figure 9: Future duplexes adjacent to MacPherson Meadows and Meadows Drive Figure 10: Photo showing existing single family portion of subject properties ITEM C. - 1. Page 14 of 32 Figure 11: Photo showing future duplex lots adjacent to 225 Bentgrass Avenue ITEM C. - 1. Page 15 of 32 1 RD1 450.252 sq.m. 2 RD1 450.007 sq.m. 4 RD1 450.091 sq.m. 5 RD1 450.059 sq.m. 6 RD1 484.722 sq.m. 7 RD1 469.594 sq.m. 9 RD1 458.398 sq.m. 10 RD1 458.445 sq.m. 30.093 15 . 2 5 0 30.086 15 . 2 5 0 15 . 2 5 0 30.086 15 . 2 5 0 30.086 7.320 R=12.01 32.83 7 24 . 2 6 2 29.672 10.350R=12.00 29.1 7 1 26.986 R=171.17 23 . 0 1 4 25 . 2 0 2 18.14 5 R =16 5.0 6 23 . 0 1 4 3 .8 0 7 R =1 2 .0 0 26 . 3 2 4 1 7 .9 3 3 R =1 6 7 .5 0 25 . 6 4 4 1 8 .1 2 0 R =1 5 1 .7 3 4. 6 4 8 18 . 8 0 6 7.0 3 7 R=6.0 0 1 4 .4 5 8 R =1 6 7 .7 1 26 . 3 2 4 1 4 .6 0 0 R =1 5 1 .7 3 7.320 R=12.01 23 . 0 1 4 3 RD1 450.048 sq.m. 1 8 .0 0 0 R =15 1.7 3 25 . 6 4 4 8 RD1 457.950 sq.m. 17 .9 2 6 R =16 7 .5 0 25 . 2 0 2 23 . 0 1 4 15.181R=167.49 10 . 1 2 4 32.83 7 7 . 5 0 0 R = 1 2 . 0 0 29.1 7 1 29.672 3.148 R=12.00 12 . 1 5 5 15 . 2 5 0 30.086 4 .2 1 3 R =1 2 .0 010.6 7 1 R =15 4.12 16.00 1 6 . 0 0 6 . 0 0 T Y P . 1.50 TYP. 1.50 TYP. 3 . 0 0 T Y P . 3.50 TYP. - BY APP'DDESCRIPTIONNo. DATE DESIGN BY DRAWN BY DATE ACAD FILE PROJECT REFERENCE No. ISSUES / REVISIONS DRAWING No. SCALE CONSULTANT SEAL SHEET REVISION 1OF1 C0220373-00 20373-00.dwg 2422-20373-00 DECEMBER 2021 MR MR 1:200 DL 2450s, SDYD KAP64043 LOT 5 & REM LOT 6 SUBDIVISION OF SUBDIVISION LOT 5 & 6 BENTGRASS AVENUE OLIVER OF TOWN BENTGRASS AVENUE BU N C H G R A S S A V E N U E BE N T G R A S S A V E N U E DEC 03/21 ISSUED FOR REVIEW MR RML1 MEADO W S D R I V E MEADO W S D R I V E Zone RD1s Minimum Lot Width (m) 15 Minimum Lot Depth (m) 24 Minimum Lot Area (m²) 450 Front Setback (m) 6.0 Rear Setback (m) 3.0 Side Setback (Interior, m) 1.5 Side Setback (Exterior, m) 3.5 LOW DENSITY RESIDENTIAL DUPLEX (RD1s) BLUEGRASS STREET 1 Attachment B IT E M C . - 1 . Pa g e 1 6 o f 3 2 IT E M C . - 1 . Pa g e 1 7 o f 3 2 IT E M C . - 1 . Pa g e 1 8 o f 3 2 IT E M C . - 1 . Pa g e 1 9 o f 3 2 IT E M C . - 1 . Pa g e 2 0 o f 3 2 IT E M C . - 1 . Pa g e 2 1 o f 3 2 McElhanney Page 1 Letter of Intent Zoning Amendment Application Portions of Lots 5 and 6, DL 2450s, SDYD, Plan KAP64043 Lot 5 PID: 024-476-846 Lot 5, Plan KAP64043, District Lot 2450S, Similkameen Div of Yale Land District Lot 6 PID: 024-476-854 Lot 6, Plan KAP64043, District Lot 2450S, Similkameen Div of Yale Land District, Except Plan EPP77635 EPP106441 1. SITE CONTEXT As identified on Attachment A - Proposed Rezoning Map, the application lands include portions of two undeveloped parcels located at the intersection of Meadows Drive and Bunchgrass Avenue in the Town of Oliver (Figure 1). The total area of the application lands is approximately 1.40 acres (0.56 hectares). Subject Lands Parcel Lines Figure 1. Site Location ITEM C. - 1. Page 22 of 32 Page 2 Surrounding developments include single family lots to the north and west and a townhouse development to the south (MacPherson Meadows). The site can be accessed from Bunchgrass Avenue and Bentgrass Avenue. The Town of Oliver Official Community Plan Bylaw 1370 designates the application lands as Low Density Residential. The current zoning for the site is Residential Low Density Four Site Specific (RS4s) Zone. Single detached dwellings and compatible uses are permitted under the RS4s zone. 2. PURPOSE The proposed rezoning application is to rezone portions of the subject two parcels from Residential Low Density Four Site Specific (RS4s) Zone to Low Density Residential Duplex Specific (RD1s) Zone. The purpose is to allow duplex development in the proposed area and accommodate the proposed Preliminary Site Plan (Attachment B - Preliminary Site Plan). The development intends to subdivide and develop the subject area into ten (10) duplex dwelling units. To achieve this, additional site-specific provisions are being proposed to the Low Density Residential Duplex Specific (RD1) Zone (Attachment C - Site-Specific Provision to Section 10.5.11). 3. RATIONALE The proposed duplex development is consistent with the broad goals, objectives and policies in the Town of Oliver Official Community Plan (OCP). The following outlines how the proposed rezoning complies with the Town’s OCP: - The subject lands are within the Urban Growth Boundary. - The OCP residential land use policies (section 8) encourage higher density forms of housing such as duplexes in single-family neighbourhoods. - The proposed duplex development will contribute to housing affordability and provide an additional housing option in the neighbourhood. - The proposed duplex housing is supported under the OCP Low Density Residential designation (section 8.3). - The net developable area for the proposed duplexes is approximately 1.13 acres (0.46 hectares), which translates to a net density of 22 units per hectare. The proposed net density is below the maximum density for duplexes (45 units per hectare). - The proposed rezoning and subsequent development will not have a negative impact on the use and enjoyment of adjacent or surrounding properties. - The proposed duplex development will be adjacent to an exiting multi-family project. - The proposed duplex development will be near the entrance to Meadows Drive, which is a local collector road. The duplex development will be a good fit for the existing context and provide an additional affordable housing option in the neighbourhood. ITEM C. - 1. Page 23 of 32 McElhanney Page 3 Attachments 1. Attachment A - Proposed Rezoning Map 2. Attachment B - Preliminary Site Plan 3. Attachment C - Site-Specific Provision to Section 10.5.11 ITEM C. - 1. Page 24 of 32 ` McElhanney Attachment A Subject Lands Parcel Lines ITEM C. - 1. Page 25 of 32 1 RD1 450.252 sq.m. 2 RD1 450.007 sq.m. 4 RD1 450.091 sq.m. 5 RD1 450.059 sq.m. 6 RD1 484.722 sq.m. 7 RD1 469.594 sq.m. 9 RD1 458.398 sq.m. 10 RD1 458.445 sq.m. 30.093 15 . 2 5 0 30.086 15 . 2 5 0 15 . 2 5 0 30.086 15 . 2 5 0 30.086 7.320 R=12.01 32.83 7 24 . 2 6 2 29.672 10.350R=12.00 29.1 7 1 26.986 R=171.17 23 . 0 1 4 25 . 2 0 2 18.14 5 R =16 5.0 6 23 . 0 1 4 3 .8 0 7 R =1 2 .0 0 26 . 3 2 4 1 7 .9 3 3 R =1 6 7 .5 0 25 . 6 4 4 1 8 .1 2 0 R =1 5 1 .7 3 4. 6 4 8 18 . 8 0 6 7.0 3 7 R=6.0 0 1 4 .4 5 8 R =1 6 7 .7 1 26 . 3 2 4 1 4 .6 0 0 R =1 5 1 .7 3 7.320 R=12.01 23 . 0 1 4 3 RD1 450.048 sq.m. 1 8 .0 0 0 R =15 1.7 3 25 . 6 4 4 8 RD1 457.950 sq.m. 17 .9 2 6 R =16 7 .5 0 25 . 2 0 2 23 . 0 1 4 15.181R=167.49 10 . 1 2 4 32.83 7 7 . 5 0 0 R = 1 2 . 0 0 29.1 7 1 29.672 3.148 R=12.00 12 . 1 5 5 15 . 2 5 0 30.086 4 .2 1 3 R =1 2 .0 010.6 7 1 R =15 4.12 16.00 1 6 . 0 0 6 . 0 0 T Y P . 1.50 TYP. 1.50 TYP. 3 . 0 0 T Y P . 3.50 TYP. - BY APP'DDESCRIPTIONNo. DATE DESIGN BY DRAWN BY DATE ACAD FILE PROJECT REFERENCE No. ISSUES / REVISIONS DRAWING No. SCALE CONSULTANT SEAL SHEET REVISION 1OF1 C0220373-00 20373-00.dwg 2422-20373-00 DECEMBER 2021 MR MR 1:200 DL 2450s, SDYD KAP64043 LOT 5 & REM LOT 6 SUBDIVISION OF SUBDIVISION LOT 5 & 6 BENTGRASS AVENUE OLIVER OF TOWN BENTGRASS AVENUE BU N C H G R A S S A V E N U E BE N T G R A S S A V E N U E DEC 03/21 ISSUED FOR REVIEW MR RML1 MEADO W S D R I V E MEADO W S D R I V E Zone RD1s Minimum Lot Width (m) 15 Minimum Lot Depth (m) 24 Minimum Lot Area (m²) 450 Front Setback (m) 6.0 Rear Setback (m) 3.0 Side Setback (Interior, m) 1.5 Side Setback (Exterior, m) 3.5 LOW DENSITY RESIDENTIAL DUPLEX (RD1s) BLUEGRASS STREET 1 Attachment B IT E M C . - 1 . Pa g e 2 6 o f 3 2 Page 3 Attachment C Site-Specific Provision to Section 10.5.11, Zoning Bylaw 1380 Portion of Lots 5 and 6, DL 2450s, SDYD, Plan KAP64043 10.5.11 Site Specific Residential Low Density Duplex (RD1s) Regulations: (a) In the case of land described as That portion of Lots 5 and 6, DL 2450s, SDYD, Plan KAP64043, and shown yellow shaded on Figure 10.5.11 (a): i) despite Section 10.5.1 (g), vacation rentals are prohibited. ii) despite Section 10.5.2 (b), the minimum parcel size for subdivision shall be 450 m2 when connected to the municipal sewer system. iii) despite Section 10.5.3, the minimum parcel width for subdivision shall be 15.0m. iv) despite Section 10.5.4, the minimum parcel depth for subdivision shall be 24.0m. v) despite Section 10.5.6 (a), the minimum setbacks for buildings and structures shall be as follows: i) front parcel line – 6.0m ii) rear parcel line – 3.0m iii) interior side parcel line – 1.5m iv) exterior side parcel line – 3.5m vi) despite Section 10.5.6 (b), the minimum setbacks for accessory buildings and structures shall be as follows: i) front parcel line – 6.0m ii) rear parcel line – 1.0m iii) interior side parcel line – 1.0m iv) exterior side parcel line – 3.5m ITEM C. - 1. Page 27 of 32 Page 4 ITEM C. - 1. Page 28 of 32 Zoning Amendment Bylaw No. 1380.23 Page 1 TOWN OF OLIVER BYLAW 1380.23 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 1380.23.” 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 parcels described as Lots 5 and 6, DL 2450s, SDYD, Plan KAP64043 as shown on Schedule ‘A’, which forms part of this bylaw, from RS4s (Residential Low Density Four Site-Specific) to RD1s (Residential Low Density Duplex Site- Specific). 3. Adding the following in its entirety to Section 10.5.11 (a) In the case of the shaded yellow portion of the parcels described as Lots 5 and 6, DL 2450s, SDYD, Plan KAP64043, as shown on Figure 10.5.11 (a): i) despite Section 10.5.1 (g), vacation rentals are prohibited. ii) despite Section 10.5.2 (b), the minimum parcel size for subdivision shall be 450m2, when connected to the municipal sewer system. iii) despite Section 10.5.3, the minimum parcel width for subdivision shall be 15.0m. iv) despite Section 10.5.4, the minimum parcel depth for subdivision shall be 24.0m. v) despite Section 10.5.6 (a), the minimum setbacks for buildings and structures shall be as follows: i) front parcel line – 6.0m ii) rear parcel line – 3.0m iii) interior side parcel line – 1.5m iv) exterior side parcel line – 3.5m vi) despite Section 10.5.6 (b), the minimum setbacks for accessory buildings and structures shall be as follows: i) front parcel line – 6.0m ii) rear parcel line – 1.0m iii) interior side parcel line – 1.0m iv) exterior side parcel line – 3.5m 4. Replacing Section 10.4.11 (a) with an updated legal description that reads: In the case of land described as Lots 1-17 EPP67772, Lots 20-37 EPP77635, Lots 38-46 EPP106441, and That portion of Lots 5 and 6 DL 2450s SDYD Plan KAP64043, and shown shaded yellow on Figure 10.4.11 (a): ITEM C. - 1. Page 29 of 32 5. Replacing Figure 10.4.11 (a) with the map shown on Schedule ‘B’, which forms part of this bylaw. Read a first and second time on the 24 day of January, 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 ___________, 20 22 ITEM C. - 1. Page 30 of 32 Schedule ‘A’ NN Amend Zoning Bylaw 1380: from: RS4s (Residential Low Density Four Site-Specific) to: RD1s (Residential Low Density Duplex Site-Specific) (YELLOW SHADED AREA) ITEM C. - 1. Page 31 of 32 Schedule ‘B’ NN Residential Low Density Four Site Specific (RS4s) (YELLOW SHADED AREA) Figure 10.4.11 (a) ITEM C. - 1. Page 32 of 32