CITY OF PENTICTON PUBLIC HEARING AGENDA. Monday, November 4, :00 p.m. Council Chambers, 171 Main Street, Penticton, BC PUBLIC HEARING

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1 CITY OF PENTICTON PUBLIC HEARING AGENDA Monday, November 4, :00 p.m. Council Chambers, 171 Main Street, Penticton, BC PUBLIC HEARING MAYOR Calls public hearing to order for Zoning Amendment Bylaw No CO Reads Opening Statement and Introduces Bylaw 1. Zoning Amendment Bylaw No Pages 3-24 PURPOSE: To rezone Lot 5, District Lot 2, Group 7, Similkameen Division Yale (Formerly Yale Lytton) District Plan 3520, located at 268 Bassett Street, from RM2 (Low Density Residential) to RD2 (Duplex Housing: Lane). The owner is intending to construct a side-by-side duplex. APPLICANT: Trainor Marketing Ltd. NOTICE: The Public Hearing was advertised in the Penticton Western News on Friday, October 25, 2013 and Wednesday, October 30, 2013 (pursuant to the Local Government Act). CO MAYOR MAYOR MAYOR MAYOR MAYOR No Letters Received Regarding the Zoning Amendment (as of noon on Thursday, October 31, 2013) Requests the Director of Development Services to describe the proposed amendments. Invites applicant to comment or elaborate on the application. Invites those in attendance at the Hearing to present their views. Invites Council member to ask questions. Invites the applicant to respond to questions and those in attendance may provide new additional information. PUBLIC HEARING FOR Zoning Amendment Bylaw No IS TERMINATED and no new information can be received on this matter. Page 1 of 33

2 MAYOR Calls public hearing to order for Zoning Amendment Bylaw No CO Reads Opening Statement and Introduces Bylaw 2. Zoning Amendment Bylaw No Pages PURPOSE: Housekeeping amendments to Zoning Bylaw including rewording the Flood Control Requirements Section 5.4.1, amending Exclusions Section 1.6.2, Definitions Section 4.2, Yards and Projections Section , A-Agriculture Section and RC- Country Residential Housing Section APPLICANT: City of Penticton NOTICE: The Public Hearing was advertised in the Penticton Western News on Friday, October 25, 2013 and Wednesday, October 30, 2013 (pursuant to the Local Government Act). CO MAYOR MAYOR MAYOR MAYOR MAYOR No Letters Received Regarding the Zoning Amendment (as of noon on Thursday, October 31, 2013) Requests the Director of Development Services to describe the proposed amendments. Invites applicant to comment or elaborate on the application. Invites those in attendance at the Hearing to present their views. Invites Council member to ask questions. Invites the applicant to respond to questions and those in attendance may provide new additional information. PUBLIC HEARING FOR Zoning Amendment Bylaw No IS TERMINATED and no new information can be received on this matter. Page 2 of 33

3 REGULAR COUNCIL MEETING MINUTES CORPORATION OF THE CITY OF PENTICTON MONDAY, OCTOBER 21, 2013 CITY HALL COUNCIL CHAMBERS, 171 MAIN STREET, PENTICTON, BC RESOLUTIONS 8.4 Zoning Amendment Bylaw Re: 268 Bassett Street 660/2013 It was MOVED and SECONDED THAT Zoning Amendment Bylaw No being a bylaw to amend the City of Penticton Zoning Bylaw to rezone Lot 5, District Lot 2, Group 7, Similkameen Division Yale (formerly Yale Lytton) District Plan 3520, located at 268 Bassett Street, from RM2 (Low Density Residential) to RD2 (Duplex Housing: Lane) be introduced, read for the first time and forwarded to the November 4, 2013 Public Hearing for public comment; THAT Development Permit PL , a permit to allow for the construction of a duplex on Lot 5, District Lot 2, Group 7, Similkameen Division Yale (Formerly Yale Lytton) District Plan 3520, located at 268 Bassett Street be supported, subject to adoption of Zoning Amendment Bylaw No ; AND THAT staff be directed to issue the permit upon adoption of Zoning Amendment Bylaw No CARRIED UNANIMOUSLY Regular Council Meeting Minutes October 21, 2013 Page 9 of 22 Page 3 of 33

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23 THE CORPORATION OF THE CITY OF PENTICTON BYLAW NO A BYLAW TO AMEND ZONING BYLAW WHEREAS the Council of the City of Penticton has adopted a Zoning Bylaw pursuant the Local Government Act; AND WHEREAS the Council of the City of Penticton wishes to amend Zoning Bylaw ; 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 Zoning Amendment Bylaw AMENDMENT: Zoning Bylaw is hereby amended as follows: 2.1 rezone Lot 5, District Lot 2, Group 7, Similkameen Yale (Formerly Yale Lytton) District Plan 3520, located at 268 Bassett Street, from RM2, (Low Density Residential) to RD2, (Duplex Housing: Lane), as indicated on the attached plan marked Schedule A. READ A FIRST time this 21 day of October, 2013 A PUBLIC HEARING was held this 4 day of November, 2013 READ A SECOND time this day of, 2013 READ A THIRD time this day of, 2013 RECEIVED the approval of the day of, 2013 Ministry of Transportation on the ADOPTED this day of, 2013 Notice of intention to proceed with this bylaw was published on the 25 th day of October, 2013 and the 30 th day of October, 2013, in the Penticton Western newspaper, pursuant to Section 94 of the Community Charter. Approved pursuant to section 52(3)(a) of the Transportation Act this day of, 20 Garry Litke, Mayor for Minister of Transportation & Infrastructure Dana Schmidt, Corporate Officer Page 23 of 33

24 Lot 2 R.P R.P R. R. R. R. R. P. P. P. P. P Lot 3 Lot 4 Lot 5 R.P Lot KAP Lot A54625 A Lot 4 Lot Lot 0 R.P. R.P. R.P. R.P. R.P R.P. B-4668 R.P Lot 1 Lot R.P. R.P. R.P. R.P. R.P Lot A 268 Bassett Street L Rezone from RM2 (Low Density Residential) to RD2 (Duplex Housing: Lane) Lot 13 BASSETT BASSETT BASSETT BASSETT BASSETT ST ST ST ST ST Lot B KAP KAP Lot A R.P. R.P. R.P. R.P. R.P Lot Lot PT Lot PT R.P MAPLE MAPLE MAPLE MAPLE MAPLE ST ST ST ST ST Lot B CITY OF PENTICTON SCHEDULE A ZONING BYLAW AMENDMENT NO DATE: Page 24 of 33 CORPORATE OFFICER

25 REGULAR COUNCIL MEETING MINUTES CORPORATION OF THE CITY OF PENTICTON MONDAY, OCTOBER 21, 2013 CITY HALL COUNCIL CHAMBERS, 171 MAIN STREET, PENTICTON, BC RESOLUTIONS 8.5 Zoning Amendment Bylaw Re: Housekeeping Amendment 661/2013 It was MOVED and SECONDED THAT Zoning Amendment Bylaw being a bylaw to amend Zoning Bylaw be introduced, read a first time and forwarded to the November 4, 2013 Public Hearing. CARRIED UNANIMOUSLY Regular Council Meeting Minutes October 21, 2013 Page 10 of 22 Page 25 of 33

26 COUNCIL REPORT Director AH City Manager DATE: October 21 st, 2013 File No: TO: Annette Antoniak, City Manager FROM: Audrey Tanguay, Senior Planner PURPOSE: Zoning Amendment Bylaw Re: Housekeeping Amendments to Zoning Bylaw RECOMMENDATION: THAT Zoning Amendment Bylaw being a bylaw to amend Zoning Bylaw be introduced, read a first time and forwarded to the November 4 th, 2013 Public Hearing. FINANCIAL IMPLICATIONS: N/A BACKGROUND: Since the adoption of Zoning Bylaw , in September 2011, staff have brought forward a number of housekeeping amendments to ensure the bylaw is as efficient, accurate and simple to interpret. PROPOSAL This bylaw proposes a few changes to Zoning Bylaw as outlined in Attachment A, including rewording the flood control requirements section and minor definitions amendments. A description of the changes and staff s comments are as follows: Add subdivision to Section Section allows residential sales centres for condo buildings, but not for subdivisions. The new changes will reflect the needs for the new subdivision (Sendero Canyon in particular) application to have residential sales building on site to promote the sale of their lots. Rewording of the Flood Control Requirements Section. Section currently states that no building or any part thereof shall be constructed, reconstructed, moved or extended, nor shall any mobile home or unit, modular housing or structure be located: a. within 7.5 m of the natural boundary of Okanagan Lake nor lower than elevation m Geodetic Survey of Canada datum for Okanagan Lake; b. within 7.5 m of the natural boundary of Skaha Lake nor lower than elevation m G.S.C. datum for Skaha Lake; nor c. within 15 m of the natural boundary of any other nearby watercourse; nor lower than 1.5 m above the natural boundary of any other nearby watercourse in the immediate flood hazard area. Page 26 of 33

27 d. within 30 m of the water level boundary of the Okanagan River channel nor lower than 1.5 m above the water level of the Okanagan River channel. The southern limit of the Okanagan Lake flood control requirements shall be from the centre line of the Okanagan River channel dam along Lakeshore Drive east to the point where the natural ground elevation exceeds m. The wording has created a number of issues recently with issuance of building permits. Staff is proposing to amend the Zoning Bylaw to define in greater details what types of buildings and habitable floor space shall be located above the required elevation of Okanagan Lake and Skaha Lake. The new section reflects Section 910 of the Local Government Act, which specify construction requirements in relation to flood plain areas. Rewording Definition of Building Grade To clarify the building grade definition staff is proposing that the building grade be defined as the average ground surface elevation level. The new definition will also be more consistent with the building code description. Rewording Definition of Floor Area, Gross (GFA) To clarify the Floor Area, Gross (GFA) definition, staff are proposing to specify that Gross Floor Area does not include enclosed or open parking areas, unenclosed balconies and decks. Definition of mobile vending cart to be increased from 6.6m 2 maximum size to 20m 2 maximum size. Currently the zoning bylaw restricts mobile vending carts to a maximum of 6.6m 2. In the last few years, we have seen a number of new mobile carts greater than 6.6m 2 as push carts are being replaced by mobile devices and trucks. The proposed 20m 2 will allow for the existing vending carts to be in compliance with the bylaw. Amend Section Presently, the bylaw suggests that certain types of architectural features are permitted to project from a principal building into a yard but does not allow features from an accessory building to encroach. The amendment to the bylaw will allow certain architectural features as presented in table 5.1 of Zoning Bylaw of any buildings and structures to project into a required yard. Amend Section and Single detached dwelling is defined under the permitted use of Country Residential Housing (RC) and Agriculture Zone (A). In all other residential zones of Zoning Bylaw , the use is specified as one single detached dwelling. To clarify and avoid confusion, staff is suggesting to add one single detached dwelling to the Country Residential Housing (RC) zone and Agriculture zone (A). ANALYSIS: Support These minor amendments to the bylaw are intended to make the bylaw as easy to use and efficient as possible. For the reasons listed above, Staff recommends that Council give first reading to Zoning Amendment Bylaw No and forward it to the November 4, 2013, Public Hearing. Deny / Refer Council may feel that some or all of the proposed changes are not in the public interest or that further information is necessary prior to reading the proposed bylaw. If that is the case, Council should refer the application back to staff for further research, or deny first reading of the bylaw. Page 27 of 33

28 ALTERNATE RECOMMENDATIONS: 1. Refer Zoning Amendment Bylaw No back to staff; or 2. Deny first reading of Zoning Amendment Bylaw No ATTACHMENTS: Attachment A Proposed Zoning Bylaw Amendments Respectfully submitted, Audrey Tanguay Senior Planner Page 28 of 33

29 ATTACHMENT A Proposed Zoning Bylaw Amendments AMEND Section Delete existing: Notwithstanding any other provisions of this Bylaw, no building or any part thereof shall be constructed, re-constructed, moved or extended, nor shall any mobile home or unit, modular housing or structure be located: a. within 7.5 m of the natural boundary of Okanagan Lake nor lower than elevation m Geodetic Survey of Canada datum for Okanagan Lake; b. within 7.5 m of the natural boundary of Skaha Lake nor lower than elevation m G.S.C. datum for Skaha Lake; nor c. within 15 m of the natural boundary of any other nearby watercourse; nor lower than 1.5 m above the natural boundary of any other nearby watercourse in the immediate flood hazard area. d. within 30 m of the water level boundary of the Okanagan River channel nor lower than 1.5 m above the water level of the Okanagan River channel. The southern limit of the Okanagan Lake flood control requirements shall be from the centre line of the Okanagan River channel dam along Lakeshore Drive east to the point where the natural ground elevation exceeds m Replace with: Notwithstanding any other provision of this Bylaw, the underside of any floor system, or top of any pad supporting any space or room used for habitation, institutional use, assembly use, tourist accommodation use, business or storage of goods damageable by floodwaters including any mobile home or unit shall not be located: a. within 7.5 m of the natural boundary of Okanagan Lake nor lower than elevation m Geodetic Survey of Canada datum for Okanagan Lake; b. within 7.5 m of the natural boundary of Skaha Lake nor lower than elevation m G.S.C. datum for Skaha Lake; nor c. within 15 m of the natural boundary of any other nearby watercourse; nor lower than 1.5 m above the natural boundary of any other nearby watercourse in the immediate flood hazard area. d. within 30 m of the water level boundary of the Okanagan River channel nor lower than 1.5 m above the water level of the Okanagan River channel. The southern limit of the Okanagan Lake flood control requirements shall be from the centre line of the Okanagan River channel dam along Lakeshore Drive east to the point where the natural ground elevation exceeds m. AMEND Section Delete existing: A building or structure for a residential sales centre for the sales of units of a building under construction, or which is incidental to construction on the lot where such building or structure is situated; such uses shall be permitted in all zones for as long as it is necessary for the Page 29 of 33

30 construction and sales in progress to be completed. or abandoned for a period of 6 months, but only while a valid building permit for such construction remains in force. Replace with: A building or structure for a residential sales centre for the sales of units of a building under construction or lots for sale in a subdivision shall be permitted in all zones for as long as it is necessary for the construction and sales in progress to be completed. AMEND Section 4.2 Definitions Delete existing: BUILDING GRADE means the ground surface elevation level abutting a wall face after construction of a building. WALL FACE means any portion of a vertical wall that is uninterrupted by a horizontal break of less than 1.2m. Replace with: BUILDING GRADE means the lowest of the average levels of finished ground adjoining each exterior wall of a building, except that localized depressions need to be considered in the determination of average levels of finished ground. Delete existing: FLOOR AREA, GROSS (GFA) means the total floor area of all storeys of all buildings or structures with a clear ceiling height of 1.8 meters or more, measured from the outside face of the exterior walls or glazing line of windows. This does not include enclosed or open parking areas. Replace with: FLOOR AREA, GROSS (GFA) means the total floor area of all storeys of all buildings or structures with a clear ceiling height of 1.8 meters or more, measured from the outside face of the exterior walls or glazing line of windows. This does not include enclosed or open parking areas, unenclosed balconies and decks. Delete existing: MOBILE VENDING CART means a self-contained push cart or similar mobile device not exceeding 6.6m2 in ground coverage intended to be moved from location to location for the purpose of offering for sale food products, beverages or flowers. Replace with: MOBILE VENDING CART means a self-contained push cart or similar mobile device not exceeding 20m 2 in ground coverage intended to be moved from location to location for the purpose of offering for sale food products, beverages or flowers. AMEND Section Delete existing: Page 30 of 33

31 Certain types of architectural features are permitted to project from a principal building into a required yard in accordance with Table 5.1. Replace with: Certain types of architectural features are permitted to project from a building or a structure in a required yard in accordance with Table 5.1. AMEND Section Delete existing:.10 single detached dwelling Replace with:.10 one single detached dwelling AMEND Section Delete existing:.3 single detached dwelling Replace with:.3 one single detached dwelling Page 31 of 33

32 THE CORPORATION OF THE CITY OF PENTICTON BYLAW NO A BYLAW TO AMEND ZONING BYLAW WHEREAS the Council of the City of Penticton has adopted a Zoning Bylaw pursuant the Local Government Act; AND WHEREAS the Council of the City of Penticton wishes to amend Zoning Bylaw ; 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 Zoning Amendment Bylaw AMENDMENT: Zoning Bylaw is hereby amended as follows: 2.1 Delete section and replace with the following: Notwithstanding any other provision of this Bylaw, the underside of any floor system, or top of any pad supporting any space or room used for habitation, institutional use, assembly use, tourist accommodation use, business or storage of goods damageable by floodwaters including any mobile home or unit shall not be located: a. within 7.5 m of the natural boundary of Okanagan Lake nor lower than elevation m Geodetic Survey of Canada datum for Okanagan Lake; b. within 7.5 m of the natural boundary of Skaha Lake nor lower than elevation m G.S.C. datum for Skaha Lake; nor c. within 15 m of the natural boundary of any other nearby watercourse; nor lower than 1.5 m above the natural boundary of any other nearby watercourse in the immediate flood hazard area. d. within 30 m of the water level boundary of the Okanagan River channel nor lower than 1.5 m above the water level of the Okanagan River channel. The southern limit of the Okanagan Lake flood control requirements shall be from the centre line of the Okanagan River channel dam along Lakeshore Drive east to the point where the natural ground elevation exceeds m. 2.2 Delete section and replace with the following: A building or structure for a residential sales centre for the sales of units of a building under construction or lots for sale in a subdivision shall be permitted in all zones for as long as it is necessary for the construction and sales in progress to be completed. 2.3 Delete section 4.2 definitions for Building Grade; Wall Face; Floor Area, Gross (GFA); and Mobile Vending Cart and replace with the following: BUILDING GRADE means the lowest of the average levels of finished ground adjoining each exterior wall of a building, except that localized depressions need to be considered in the determination of average levels of finished ground. Page 32 of 33

33 FLOOR AREA, GROSS (GFA) means the total floor area of all storeys of all buildings or structures with a clear ceiling height of 1.8 meters or more, measured from the outside face of the exterior walls or glazing line of windows. This does not include enclosed or open parking areas, unenclosed balconies and decks. MOBILE VENDING CART means a self-contained push cart or similar mobile device not exceeding 20m 2 in ground coverage intended to be moved from location to location for the purpose of offering for sale food products, beverages or flowers. 2.4 Delete section and replace with the following: Certain types of architectural features are permitted to project from a building or a structure in a required yard in accordance with Table Delete section and replace with the following:.10 one single detached dwelling 2.6 Delete section and replace with the following:.3 one single detached dwelling READ A FIRST time this 21 day of October, 2013 A PUBLIC HEARING was held this 4 day of November, 2013 READ A SECOND time this day of, 2013 READ A THIRD time this day of, 2013 ADOPTED this day of, 2013 Notice of intention to proceed with this bylaw was published on the 25 th day of October, 2013 and the 30 th day of October, 2013, in the Penticton Western newspaper, pursuant to Section 94 of the Community Charter. Garry Litke, Mayor Dana Schmidt, Corporate Officer Page 33 of 33