NOTICE OF DEVELOPMENT VARIANCE PERMIT APPLICATION (1901 CARMI AVENUE & 1682 LAWRENCE AVENUE)

Transcription

1 NOTICE OF DEVELOPMENT VARIANCE PERMIT APPLICATION (1901 CARMI AVENUE & 1682 LAWRENCE AVENUE) This is to advise that an application has been made for a Development Variance Permit respecting Lot 1 and 2, District Lot 2710, Similkameen District Yale Division, Plan KAP located at 1901 Carmi Avenue and 1682 Lawrence Avenue, Penticton, BC. The applicant proposes to subdivide the properties to create three lots. The applicant is requesting a variance to Section of Zoning Bylaw to reduce the minimum lot size from 16 hectares to 9.51 hectare. A copy of the staff report to Council and Permit will be available for public inspection from Monday, December 12, 2011 to Monday, December 19, 2011 at the following locations. Community Centre City Webpage Location Address Hours 1 City Hall 171 Main Street 8:30am to 4:30 pm Monday Friday Penticton Public Library 785 Main Street 9:30 am to 5:30 pm (M/W/F/Sat) 9:30 am to 9:00 pm (Tu/Th) 1:00 pm to 5:00 pm Sun. (mid- October to Apr 30 th ) Penticton 325 Power Street During hours of operation Anytime Council will consider this application at its Regular Meeting scheduled for Monday, December 19, 2011, 6:00 p.m. in Council Chambers, Penticton City Hall, 171 Main Street, Penticton. Any person who believes their interests may be affected by this proposed Development Variance Permit may appear in person, or by agent, the evening of the Regular Council meeting, or submit a petition or written comments by mail or no later than 12 Noon, Monday, December 19, 2011 to Attention: Corporate Officer, City of Penticton, 171 Main Street, Penticton, BC V2A 5A9; publichearings@penticton.ca. No letter, report or representation from the public will be received by Council after the conclusion of the December 19, 2011 Council Meeting. 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) prior to the meeting. For more information on this application please contact the Planning Department at (250) Dated this 8 th Day of December 2011 Anthony Haddad, MCIP Director of Development Services 1 Please note that hours are subject to change Carmi Avenue/1682 Lawrence Avenue DVP PL

2 1901 Carmi Avenue/1682 Lawrence Avenue DVP PL SUBJECT PROPERTY MAP

3 Director AH CAO THE CORPORATION OF THE CITY OF PENTICTON COUNCIL REPORT TO: Council FILE : MP REP: FROM: Jake Belobaba DATE: December 19 th 2011 RES: PROPOSAL: Variance to minimum lot size for three lot subdivision ADDRESS: 1901 Carmi Avenue & 1682 Lawrence Avenue LEGAL DESCRIPTION: Lots 1 & 2 District Lot 2710 Similkameen Division Yale District Plan KAP73304 located at 1901 Carmi Ave. & 1682 Lawrence Ave. APPLICANT: Tony & Judy Lloyd RECOMMENDATION: THAT development variance permit PL for Lots 1 & 2 District Lot 2710 Similkameen Division Yale District Plan KAP73304 located at 1901 Carmi Avenue and 1682 Lawrence Avenue to vary Section of Zoning Bylaw to reduce the minimum lot size from 16 hectares to 9.51 hectares be approved. AND THAT prior to final consideration of the application, persons who believe their interests may be affected by the proposed variance be given an opportunity to speak to the proposal in accordance with Section 31 of Development Procedures and Delegation Bylaw IMPLICATION OF RECOMMENDATION: Organizational: Financial: Policy: Strategic Plan: Communication: n/a n/a n/a n/a Notification of adjacent residents in accordance with Section 922(4) of the Local Government Act and Section 32 of Development Procedures and Delegation Bylaw has been carried out. REFERENCE: Provincial Legislation Section Local Government Act 922 Development Variance Permits City Regulations Section Official Community Plan No (OCP) Zoning Bylaw No Forestry Grazing Zone Columbia Heights Neighbourhood Plan Development Procedures and Delegation Bylaw No Consideration of Variance Permits N:\city\ADDRESS\Carmi Ave\1901\2011-MP-0794\2011-DVP-PL-078\COUNCIL\Final Council Report\Council Report\ CNCL REP.docx

4 BACKGROUND: Site Area (approximate): Lot 1: hectares Lot 2: 9.76 Hectares Total Area Current Use: Undeveloped Existing OCP: Columbia Heights Existing DP Area: None Neighbourhood or Area Plan: Columbia Heights Existing Zoning: Forestry Grazing (FG) Penticton Airport Zoning Site is outside all zoning surfaces Regulations Adjacent Developments North: Single-Family Residential (Sendaro Canyon) East: Rural Residential (Beyond City Limits) South: Rural / Single-family Residential West: Single-Family Residential Proposal The applicant is proposing to subdivide the subject parcel into three lots as shown in proposed Variance Permit (Attachment 2). The minimum lot size in the Forestry Grazing Zone is 16 Hectares. The lot sizes for the proposed subdivision are outlined in Table 1. Table 1: Proposed Lot Sizes Lot Number/Feature Size (ha) Road 1.71 Total Engineering Review The City s Engineering department has reviewed both the Development Variance Permit and Subdivision applications. Infrastructure requirements will be addressed through the subdivision approval process and will not form part of this application. ANALYSIS: Support Application The OCP and Columbia Heights Neighbourhood plan calls for increased densification on this parcel of land. Although a comprehensive development for the site is not proposed at this stage, the proposed subdivision will facilitate the City s future growth plans. Smaller parcels, attuned to the new road dedications will be created which can be further subdivided to facilitate the land use nodes created in the Columbia Heights Plan (see Attachment 3). The lot configurations and sizes are consistent with the OCP and therefore staff recommend approval of the application. Refer Application Should Council determine that additional information is required, it may refer the application back to Staff for additional analysis as specified by Council. N:\city\ADDRESS\Carmi Ave\1901\2011-MP-0794\2011-DVP-PL-078\COUNCIL\Final Council Report\ CNCL REP.docx

5 Deny the Application Should Council consider that, in the absence of a comprehensive development proposal, the variance is premature or not in keeping with the intent of the OCP, it may deny the application. If the application is denied the Subdivision will be rejected by the Subdivision Approving Officer. Staff do not recommend considering this option for the reasons noted under Approve Application. ALTERNATIVES: 1. Approve the application and proceed through the required approval and consideration process; 2. Refer the application back to staff for further review as specified by Council; or 3. Deny the application. Per: Jake Belobaba, BTM, MPLAN Planner, Current Planning N:\city\ADDRESS\Carmi Ave\1901\2011-MP-0794\2011-DVP-PL-078\COUNCIL\Final Council Report\ CNCL REP.docx

6 ATTACHMENT 1. ATTACHMENT 2. ATTACHMENT 3. Subject Property Map Permit Columbia Heights Future Land Use Plan N:\city\ADDRESS\Carmi Ave\1901\2011-MP-0794\2011-DVP-PL-078\COUNCIL\Final Council Report\ CNCL REP.docx

7 AVE DUNCAN AVE E AVE BRACEWELL DR CLELAND DR Lawrence Ave. DEWDNEY CRES EN EN EN N RD RD RD CARMI AVE Carmi Ave. CARMI AVE Attachment 1 N:\city\ADDRESS\Carmi Ave\1901\2011-MP-0794\2011-DVP-PL-078\COUNCIL\Final Council Report\ CNCL REP.docx

8 Date: December 20 th 2011 Permit Number: PL Skaha Investments Ltd. # Front Street Penticton, BC V2A 1H1 Conditions of Permit Development Variance Permit The Corporation of the City of Penticton Development Services Division 171 Main Street, Penticton B.C. V2A 5A9 Phone: (250) Fax: (250) Website: 1. This permit is issued subject to compliance with all of the bylaws of the City, except as specifically varied or supplemented by this Permit. 2. This permit applies to: Legal: Lots 1 & 2 District Lot 2710 Similkameen Division Yale District Plan KAP73304 Civic Address: 1901 Carmi Avenue & 1682 Lawrence Avenue Zoning District: Forestry Grazing (FG) 3. This permit has been issued in accordance with Section 922 of the Local Government Act, to vary Section of Zoning Bylaw to reduce the minimum lot size from 16 hectares to 9.51 hectares, as shown in the plans attached in Schedule A: General Conditions 4. In accordance with Section 928(2) of the Local Government Act, the lands subject to this permit shall be developed strictly in accordance with this permit and the plans attached as Schedule A. However, the lot layout depicted in Schedule A, may include differing road configurations and additional roads required as a condition of subdivision approval. 5. In accordance with Section 926 of the Local Government Act, if the holder of this permit does not register the subdivision authorized by this permit within 2 years of the date of this permit, this permit shall lapse. 6. In accordance with Section 922(3) of the Local Government Act, in the event of a conflict between the provisions of this permit and the zoning bylaw, the provisions of this permit shall prevail. 7. This permit does not constitute any other municipal, provincial or federal approval. The holder of this permit is responsible to obtain any additional municipal, federal,

9 or provincial approvals prior to commencing the development authorized by this permit. 8. This permit does not include off-site infrastructure costs that may be required at the building permit stage, such as Development Cost Charges (DCC s), road improvements and electrical servicing. There may be substantial infrastructure and servicing costs payable at a later date. For more information on servicing and infrastructure requirements please contact the Development Engineering Department at (250) For more information on electrical servicing costs, please contact the Electric Utility at (250) Authorization resolution passed by council the 19 th day of December, 2011 Issued this 20 th day of December, 2011 Karen Burley Corporate Officer Attachment 2

10 Attachment 2

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