Report to Development Permit Committee
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DISTRICT OF LAKE COUNTRY REPORT TO DEVELOPMENT PERMIT COMMITTEE MEETING TYPE AND DATE: DEVELOPMENT PERMIT COMMITTEE MEETING – AUGUST 13 2012 FROM: CARIE LIEFKE SUBJECT: NATURAL ENVIRONMENT, HILLSIDE & GHG/RESOURCE CONSERVATION DEVELOPMENT PERMIT FILE #: DP2012‐018 (ELDRED) ISSUE(S)/PURPOSE: To advise the Development Permit Committee of the development permit guidelines contained within the Official Community Plan which apply to this application. To determine if the applicant has met the requirements of the Natural Environment, Hillside, and Greenhouse Gas Reduction / Resource Conservation Development Permit area guidelines and to provide recommendations for consideration. RECOMMENDATION(S): THAT Development Permit DP2012‐018 for Strata Lot 9 Section 4 Township 20 ODYD Strata Plan KAS3478 together with an Interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as shown on Form V, be approved allowing the construction of a single family dwelling with attached garage, in‐ground swimming pool, patios and decks, and landscaping (as shown in Attachment “C” to the Report from Planning and Development dated August 7, 2012). AND THAT prior to DP2012‐018 being issued, a Security Deposit of $33,000.00 be submitted to the District of Lake Country to ensure all environmental landscaping is completed and to ensure that damage to the natural environment does not result from a contravention of a condition of this permit. EXECUTIVE SUMMARY: This property is subject to natural environment, hillside and GHG/resource conservation development permit guidelines. An environmental report and building elevations were submitted; these documents along with GHG/resource conservation matters have been considered for this application. The proposed development includes a single family house, attached garage, pool and landscaping. The lot has already been disturbed during the development of Granite Road; but there are fragmented portions of the site that have moderate to low environmental considerations. The proposed development does not impede on the hillside aesthetics. The DP guidelines have been substantially met, and it is recommended that this application be approved. S:\Council meetings\2012 ‐ DP Committee\August 13\DP2012‐018 Report.docx 2 Application Type Development Permit File Number: DP2012‐018 Folio: 33102177.019 Proponent: JR Wilson & Company Ltd Owner(s): ELDRED, REVETT A. ELDRED, SHAUNE M. Legal Description: Strata Lot 9 Section 4 Township 20 ODYD Strata Plan KAS3478 together with an Interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as shown on Form V. PID 027‐549‐828 Civic Address: 1651 GRANITE RD OCP Designation: Resort Zoning Designation: RU1 – Single Family Housing ALR: N/a Parcel Size: 0.34 hectares (0.84 acres) DP Area(s): Natural Environment; Hillside; GHG/Resource Conservation Water Supply: Municipal Water Sewer: Municipal Sewer Site Summary: Zoning: Use: North: DC3 – Direct Control 3 (20/20 Developments) Residential East: RU1 – Single Family Housing Vacant South: RU1 – Single Family Housing Vacant West: RU1 – Single Family Housing Vacant PROJECT DESCRIPTION The applicant is seeking a Development Permit to allow the construction of a single family dwelling. The property is within the hillside, natural environment, and GHG/resource conservation DP areas. BACKGROUND/HISTORY: The subject property is in the first phase of the Lakestone development. Portions of the site have been highly modified due to the construction of Granite Road and the installation of utilities. It is proposed to build a single family dwelling with attached garage, in‐ground swimming pool, patios and decks, and landscaping. DISCUSSION/ANALYSIS: Site Description: The site is irregular in shape and is 0.34 hectares. Slopes from the north east down towards Okanagan Lake The subject property is currently undeveloped, but previous land alteration on site has occurred during the construction of Granite Road for phase 1 of Lakestone. Current Development Potential: The site is currently vacant and therefore has full development potential; once the development proposed in this application is constructed, the property will be built to its full potential. Off‐Site Considerations: There are no foreseeable offsite considerations for this proposal. Local Government Act Section 919.1 permits development permit areas to be designated throughout the community. These designations must be made within an Official Community Plan. Guidelines for the specified development permits must be detailed in either an Official Community Plan or a Zoning Bylaw. S:\Council meetings\2012 ‐ DP Committee\August 13\DP2012‐018 Report.docx 3 Section 920 further explains how development permit areas shall be applied and what restrictions, requirements and conditions may be included in development permit areas. Official Community Plan: Section 22 states the justification and requirements for the various development permit areas within the District of Lake Country. Section 22.11 and Map 18 detail the Hillside Development Permit Area guidelines. o The purpose of this DP Area is to enhance the visual impact of development on steep slopes. Section 22.8 and Map 17 detail the Natural Environment Development Permit Area guidelines. o The purpose of this DP Area is to mitigate the effect that development has on the natural environment. Section 22.12 and Map 21 depict the Greenhouse Gas Reduction and Resource conservation Development Permit Area guidelines. o The purpose of this DP Area is to aid in the reduction of greenhouse gases and conserve water and energy resources for individual developments and ultimately in the community as a whole. Zoning Bylaw: The property is zoned RU1 – Single Family Housing. The purpose of this zone is to provide for single detached housing, and compatible secondary uses on medium sized serviced urban lots. DEVELOPMENT PERMIT GUIDELINE CHECKLISTS: Environmental Protection An Environmental Assessment Report prepared by Ecoscape Environmental Consultants dated July 2012 has been submitted for this application. The environmental report contains the following key information: The site is undeveloped, but there is some evidence of disturbance – trails, cut face that is part of the Granite Road right of way, invasive weed species. An environmental sensitivity analysis has resulted in the site being classified as having moderate to low value. The location of the proposed house on the southern half of the property is a more suitable location than the northern half of the site because the southern half is more fragmented. The following recommendations/mitigation measures are recommended to protect the natural integrity of terrestrial communities within or adjacent to the proposed works; o If excess coarse woody debris is removed, care should be taken to minimize disturbance to understory vegetation to limit the spread of invasive plants; o Limit the removal of mature or maturing ponderosa pine trees to maintain habitat for local birds (hawks, etc); o Native species (grasses, etc.) have been incorporated into the landscape plan, as such limit disturbance of the natural grassland area (machines, excavations, etc) where possible. Cluster planting of native shrubs rather than trees is encouraged to protect the grassland; o Install temporary snow fencing to help limit disturbance, and prevent equipment access and stockpiling in the north half of the site; o Consider salvaging native grasses in cleared areas for replanting as part of site landscaping; and o Environmental monitoring of construction is not recommended due to the scope of the proposed works and the current condition of the site. Environmental monitoring is not recommended by the Registered Professional Biologist. An estimate for landscaping was submitted for the development, as such it is recommended that a security deposit in the amount of $33,000 be provided to ensure all environmental landscaping is completed and to ensure that damage to the natural environment does not result from a contravention of a condition of this permit. Consideration has been given to the following issues as identified in Section 22.8 of the Official Community Plan relating to Natural Environment Development Permit Areas: S:\Council meetings\2012 ‐ DP Committee\August 13\DP2012‐018 Report.docx 4 Does the proposal protect sensitive areas by minimizing development Yes No N/A around identified features? Will sensitive features be temporarily fenced or protected during the Yes No N/A development process? Does the size and footprint of the project minimize impacts to the Yes No N/A site? Does the proposal include measures to provide compensation for any Yes No N/A lost habitat? ‐ not necessary for this site Has existing terrain been incorporated into the project to minimize Yes No N/A site alteration? Does the buffer strip remain undeveloped? Yes No N/A ‐ no buffer strip required; but naturalized area remains. Has indigenous vegetation within buffer strips been retained? Yes No N/A ‐ no buffer strip required; but naturalized area remains. Does the landscaping plan include drought resistant and indigenous Yes No N/A vegetation? Have existing trees been retained? Yes No N/A Hillside Consideration has been given to the following issues as identified in Section 22.11 of the Official Community Plan relating to Hillside Development Permit Areas: Does the proposal avoid developing on ridgelines? Yes No N/A Is the structure design