ADMINISTRATIVE REPORT

Transcription

1 ADMINISTRATIVE REPORT TO: FROM: Board of Directors B. Newell, Chief Administrative Officer DATE: July 20, 2017 RE: Zoning Bylaw Amendment Electoral Area D Administrative Recommendation: THAT Bylaw No , 2017, Electoral Area D Zoning Amendment Bylaw be read a first and second time and proceed to a public hearing; AND THAT the holding of a public hearing be scheduled for the Regional District Board meeting of August 17, 2017; AND THAT staff give notice of the public hearing in accordance with the requirements of the Local Government Act. Purpose: To allow for the development of the site to a duplex or single detached dwelling unit. Owners: Dave Bennett & Rowena Bryant Agent: N/A Folio: D Civic: th Avenue, Okanagan Falls Legal: Lot 1, Plan KAP26499, District Lot 374, SDYD Zone: Neighbourhood Commercial (C3) Proposed Zoning: Residential Two Family (Duplex) (RS3) Proposed Development: This application is seeking to allow for the re-development of the subject property to either a duplex or single detached dwelling unit by amending the zoning from Neighbourhood Commercial (C3) to Residential Two Family (Duplex) (RS3). In support of the application, the applicant has stated that we have attempted to sell the property with the current zoning in place to no avail and have now decided that it would be best to rezone and pursue future plans to renovate and/or add on to the existing structure as our primary residence. In my opinion, there seems to be a lot of Commercial property in Okanagan Falls. Site Context: The subject property is approximately 2,250 m 2 in area and is situated at the north-east corner of the intersection of 9 th Avenue and Birch Street and currently comprises a vacant building (i.e. former laundromat). The surrounding pattern of development is generally characterised by residential uses, including two sets of duplexes on the parcel immediately to the east. Background: Page 1 of 5

2 The subject property was created by a subdivision deposited with the Land Title Office in Kamloops on December 3, 1975, and available Regional District records indicate that Land Use Contract (LUC) No. LU-4-D was previously adopted in 1973 in order to allow for the development of the property as a laundromat and sewage disposal field. At its meeting of November 18, 2004, the Regional District Board adopted Bylaw No. 2309, 2004, which discharged LU-4-D and replaced it with a Neighbourhood Commercial Zone. As the LUC limited commercial uses on the property to a laundromat, it was seen to be overly restrictive and the Neighbourhood Commercial Zone was introduced to allow for a wider variety of commercial uses. Under the Electoral Area D-2 Zoning Bylaw No. 2459, 2008, the property has retained the Neighbourhood Commercial (C3) zoning, which permits retail sales, convenience, offices and personal service establishments as principal uses. Under the Electoral Area D-2 Official Community Plan (OCP) Bylaw No. 2603, 2014, the designation of the property was amended to Low Density Residential (LR). NOTE: it had previously been Commercial (C) under the Electoral Area D-2 OCP Bylaw No. 2454, The property is also within a Hillside and Steep Slope Development Permit (HSSDP) Area designation. Referrals: Approval from the Ministry of Transportation and Infrastructure (MoTI) prior to adoption is required as the proposal is situated beyond 800 metres of a controlled area (i.e. Highway 97). Referral comments on this proposal have been received from the Penticton Indian Band (PIB) and these are included as a separate item on the Board Agenda. Public Process: At its meeting of July 11, 2017, the Electoral Area D Advisory Planning Commission (APC) resolved to recommend to the Regional District Board that this development proposal be approved and that the public hearing be waived in accordance with Section 464 of the Local Government Act. A Public Information Meeting was held ahead of the APC meeting on July 11, 2017, and was attended by members of the APC, the applicants and three (3) members of the public. Analysis: In considering this proposal, Administration notes that the applicant s request for an RS3 Zone is consistent with the preferred future land use of this property under the OCP Bylaw, which is for Low Density Residential (LR) purposes. It is also noted that the potential development of the site to a duplex would be consistent with the duplex units that exist on the parcels to the east (being & th Avenue), while development to a single detached dwelling would be equally consistent with the surrounding residential properties on Birch Street. Administration is also cognizant of the efforts currently being undertaken in relation to the Okanagan Falls Downtown Revitalisation Plan and its refocusing of commercial activity to within the Town Centre (C3) Zone. Administration further concurs with the applicant s assessment that there is a large amount of land currently zoned Commercial within Okanagan Falls and that the conversion of this property to residential uses will not adversely impact the supply of commercial available land. Page 2 of 5

3 With regard to the recommendation provided by the APC, as the proposed RS3 zoning is consistent with the OCP designation of the subject property as Low Density Residential (LR), Section 464 of the Local Government Act provides allows the Board to waive the holding of a public hearing on this amendment. This option is provided at the 2 nd Alternative listed below. Alternatives:.1 THAT Bylaw No , 2017, Electoral Area D Zoning Amendment Bylaw be denied;.2 THAT Bylaw No , 2017, Electoral Area D Zoning Amendment Bylaw be read a first and second time; THAT pursuant to sub-section 464 of the Local Government Act, the Regional District Board resolves to waive the holding of a public hearing for Zoning Amendment Bylaw , 2017; AND THAT pursuant to sub-section 467 of the Local Government Act, staff give notice of the waiving of the public hearing for Zoning Amendment Bylaw , 2017; OR.3 THAT Bylaw No , 2017, Electoral Area D Zoning Amendment Bylaw be read a first and second time and proceed to public hearing; AND THAT the holding of the public hearing be delegated to Director Siddon or delegate; AND THAT staff schedule the date, time, and place of the public hearing in consultation with Director Siddon; AND THAT staff give notice of the public hearing in accordance with the requirements of the Local Government Act. Respectfully submitted: Endorsed By: C. Garrish, Planning Supervisor B. Dollevoet, Development Services Manager Attachments: No. 1 Applicant s Site Plan No. 2 Site Photos (Google Streetview) Page 3 of 5

4 Attachment No. 1 Applicant s Site Plan Page 4 of 5

5 Attachment No. 2 Site Photo (Google Streetview) 9 th Avenue Frontage Birch Street Frontage Page 5 of 5