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
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30.086
7.320
R=12.01
32.83
7
24
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29.672
10.350R=12.00
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26.986
R=171.17
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450.048 sq.m.
1 8 .0 0 0
R =15 1.7 3
25
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4
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8
RD1
457.950 sq.m.
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R =16 7 .5 0
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15.181R=167.49
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1
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TYP.
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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
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DEC
03/21 ISSUED FOR REVIEW MR RML1
MEADO
W
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MEADO
W
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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
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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
.
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1
4
3 .8 0 7
R =1 2 .0 0
26
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3
2
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1 7 .9 3 3
R =1 6 7 .5 0
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4
1 8 .1 2 0
R =1 5 1 .7 3
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R=6.0 0
1 4 .4 5 8
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1 4 .6 0 0
R =1 5 1 .7 3
7.320
R=12.01
23
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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
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2
0
2
23
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1
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15.181R=167.49
10
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2
4
32.83
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5
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=
1
2
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29.1
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1
29.672
3.148
R=12.00
12
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1
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5
15
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2
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30.086
4 .2 1 3
R =1 2 .0 010.6 7 1
R =15 4.12
16.00
1
6
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1.50
TYP.
1.50
TYP.
3
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3.50
TYP.
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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
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DEC
03/21 ISSUED FOR REVIEW MR RML1
MEADO
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MEADO
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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
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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