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Development Variance Permit No. 641-42 (073182 BC Ltd. (Hagglund) DESCRIPTION: Report from Ken Gobeil, Senior Planner, Dated November 27, 2020

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Development Variance Permit No. 641-42 (073182 BC Ltd. (Hagglund) DESCRIPTION: Report from Ken Gobeil, Senior Planner, Dated November 27, 2020 BOARD REPORT TO: Chair and Directors File No: DVP641-42C PL20200000122 SUBJECT: Electoral Area C: Development Variance Permit No. 641-42 (073182 BC Ltd. (Hagglund) DESCRIPTION: Report from Ken Gobeil, Senior Planner, dated November 27, 2020. 1885, Tappen Notch Hill Road, Tappen RECOMMENDATION: THAT: In accordance with Section 498 of the Local Government Act, Development Variance Permit No. 641-42C for Lot 1, Section 23, Range 10, W6M, KDYD Plan KAP55494, Excluding Plans KAP65068, KAP69965 and KAP75073; and Lot 1 Section 23 Township 21 Range 10, W6M, KDYD, Plan 34273, varying Subdivision Servicing Bylaw No. 641 as follows; Section 7.2 Access Driveways. The maximum grade of access driveways where multiple dwelling units are proposed is varied from 12.5% to 15% for Lots 2 and 3 of a proposed four lot subdivision under application number 2019-03788; be approved this 10th day of December 2020; AND THAT: Issuance of the Development Variance Permit be withheld until the Manager of Development Services has approved a Hazardous Lands (Steep Slope) Development Permit for Subdivision File No. 2019- 03788. SHORT SUMMARY: The owner is requesting to vary the maximum grade permitted for an access driveway servicing two lots in a proposed subdivision. The owner has applied to subdivide the properties into four lots, and proposes to utilize an existing access driveway for two of those four lots. The access driveway has a maximum grade of 15%, whereas the CSRD Subdivision Servicing Bylaw No 641 (Bylaw No. 641) requires a maximum grade of 12.5% for driveways accessing more than one dwelling. The variance (15% grade) is 20% steeper than permitted in Subdivision Servicing Bylaw No. 641 (12.5%). Unweighted LGA Part 14 Weighted Stakeholder VOTING: Corporate (Unweighted) Corporate (Weighted) BACKGROUND: REGISTERED OWNER: 073182 BC LTD (Richard Hagglund) AGENT: Franklin Engineering (Dave Sonmor) Page 1 of 7 Board Report DVP 641-42C December 10, 2020 ELECTORAL AREA: C LEGAL DESCRIPTION: - Lot 1, Section 23, Range 10, W6M, KDYD Plan KAP55494, Excluding Plans KAP65068, KAP69965 and KAP75073 - Lot 1 Section 23 Township 21 Range 10, W6M, KDYD, Plan 34273 PID: - 023-187-468 - 002-999-838 CIVIC ADDRESS: 1885 Tappen Notch Hill Road, Tappen SURROUNDING LAND USE PATTERN: North = Trans-Canada Highway, Agriculture South = Rural East = Rural Residential, Agriculture West = Rural CURRENT USE: Agriculture; Mobile Home Park; Vacant PROPOSED USE: Agriculture; Mobile Home Park; Three lot subdivision. PARCEL SIZE: 38.39 ha 54.85 ha PROPOSED PARCEL SIZE: Lot 1: 4.54 ha Lot 2: 6.04 ha Lot 3: 13.73 ha Lot 4: 68.98 ha DESIGNATION: NR Neighbourhood Residential SH Small Holdings ZONE: N/A PROPOSED DESIGNATION: N/A PROPOSED ZONE: N/A AGRICULTURAL LAND RESERVE: 0% SITE COMMENTS: There are two subject properties, the northern property is 1885 Tappen Notch Hill Road and the southern property has no civic address. Page 2 of 7 Board Report DVP 641-42C December 10, 2020 There are two lines of the Canadian Pacific Railway (CRR) on the northern property (1885 Tappen Notch Hill Road). The CPR runs along the northern and eastern side of the property, and a different track runs through the centre of the lot joining with the main track at the south eastern corner of the property. The property is also bisected by Tappen Notch Hill Road at the south end of the property. The portion of the property north of Tappen Notch Hill Road is used for agriculture, and the portion south of Tappen Notch Hill Road is a mobile home park. This property is sloped on the north and south ends with a relatively flat middle section. The northern property has two designations in the Electoral Area C Official Community Plan Bylaw No. 725 (Bylaw No. 725) the portion of the property north of Tappen Notch Hill Road is designated as AG Agriculture, and the portion of the property south of Tappen Notch Hill Road with the mobile home park is designated NR Neighbourhood Residential, The southern property has a panhandle access between 1747 and 1725 Tappen Notch Hill Road. It is steeply sloped down toward the east, with most of the property having slopes over 30%. The flattest portion of the property is at the northernmost side of the property. The southern property has two designations in the Electoral Area C Official Community Plan Bylaw No. 725 (Bylaw No. 725), the northern half of the property is designated Neighbourhood Residential and the southern half of the property is designated as Small Holdings. There is a proposed subdivision, (file 2019-03788) which would subdivide three lots out of the southern half (designated Small Holdings); and consolidate the remainder (designated Neighbourhood Residential) with the mobile home park to the north (Lot 1, Section 33, Township 21, Range 10, W6M, KDYD, Plan 34273). POLICY: Subdivision Servicing Bylaw No. 641 PART 7 ACCESS TO PROPERTY Building Sites 7.1 An Owner must supply a diagram with an application for subdivision that shows adequate building sites for Parcels proposed to be subdivided. For the purpose of this bylaw an adequate building site, where on-site sewer and water servicing is proposed an area of 1,000 m2, having average natural (pre- development) slopes in the identified area of less than 20%, in the case of parcels smaller than 1.0 Ha., at least 40% of the lot area must be under 30% average natural slope. Access Driveways 7.2 An Owner must provide a diagram indicating access driveways to any existing and proposed building site, as indicated in 7.1, above. Access Driveways, to single Dwelling Units must be a minimum of 4.0 m wide and have a maximum grade on the property of less than 15%. Access Driveways, where multiple Dwelling Units are proposed must be a minimum of 6.9 m wide and have a maximum grade of 12.5%. All Access Driveways must conform to Ministry of Transportation and Infrastructure requirements for private access within the Ministry of Transportation and Infrastructure Right-of-Way area. FINANCIAL: There are no financial implications for the CSRD as a result of this application. Page 3 of 7 Board Report DVP 641-42C December 10, 2020 KEY ISSUES/CONCEPTS: See “Maps_Plans_Photos_DVP641-42C.pdf". The applicant has applied to subdivide their properties into four lots. This subdivision is part of an ongoing effort to bring the mobile home park located at 1885 Tappen Notch Hill Road into compliance with the Bylaw No. 725. 1885 Tappen Notch Hill Road is a mobile home park, the property is designated as NR Neighbourhood Residential in Bylaw No. 725, which permits a maximum density of 2 units per acre (1 unit per 0.2 ha). Under the current regulation, only 51 units are permitted at 1885 Tappen Notch Hill Road. Currently there are 67 modular homes on the property. The proposed Lot 4 of the subdivision will increase the size of 1885 Tappen Notch Hill Road property. If this subdivision is completed, the mobile home park at 1885 Tappen Notch Hill Road could have 121 mobile homes. The portion of the property designated SH is able to accommodate the three proposed lots in this subdivision and there is no change to the portion of the property designated AG. Subdivision No. 2019-03788. The CSRD provided initial comments regarding the proposed subdivision on December 13, 2019; and the Ministry of Transportation and Infrastructure (MOTI) issued their Proposed Subdivision Preliminary Layout Review February 20, 2020, which establishes the obligations of the owner in order for the Provincial Approving Officer to approve a subdivision. The applicant has noted that the owner does not want to begin work completing the other CSRD subdivision requirements until this variance application is approved. The owner may need to request additional variances if the owner cannot meet the other subdivision requirements of Bylaw No. 641. However, plans for proposed building sites have also been included for reference in this DVP application. Bylaw No. 641: Part 7.2 Access Driveways Part 7 of Bylaw No, 641 requires properties to have road access. For an access to a single dwelling, the access must be 4 m wide with a maximum grade of 15%. For a shared access to multiple dwellings, the access must be 6.9 m wide with a maximum grade of 12.5%. Access driveways that are shared by multiple dwellings increase the likelihood that vehicles will need to pass by one another. The change in grade and width for shared access driveways makes it easier for vehicles to pass. The application does not include any variance to the minimum width requirements (6.9 m). Currently there is one existing access driveway on the southern property. The owner proposes that a new access driveway be installed for Lot 1, and that the existing driveway be upgraded and used as a shared driveway for Lots 2 and 3. This driveway is approximately 265 m through Lot 3 starting from the road going to the boundary of proposed Lot 2. Lot 4 is proposed to be consolidated with 1885 Tappen Notch Hill Road to the north which has its own access. The applicant noted that if a variance was not granted, a 6.5 m cut would be required to maintain the grade required. If the variance is approved, a cut of only 2.5 m would be required to meet the grade requirements. Page 4 of 7 Board Report DVP 641-42C December 10, 2020 The driveway grade meets the requirements for access to a single dwelling (15%). However, it is 20% steeper than the maximum permitted in Bylaw No. 641 (12.5%). The applicant noted that given the terrain, available access, and building sites are limited.
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