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Public Hearing Meeting Agenda March 26, 2018, at 7:00 PM Council Chambers

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Public Hearing Meeting Agenda March 26, 2018, at 7:00 PM Council Chambers ____________________________________________________________ TOWN OF OLIVER Public Hearing Meeting Agenda March 26, 2018, at 7:00 PM Council Chambers Page A. CALL TO ORDER B. STATEMENT OF THE CHAIR C. BYLAWS 1. Zoning Amendment Bylaw – 7034 Tuc-el-nuit Drive 2 - 23 - Contract Planners report attached Zoning Amendment Bylaw 1350.26 – 7034 Tuc-el-nuit Drive - Pdf ITEM C. - 1. REGULAR OPEN COUNCIL REPORT Development Services Department For the March 26, 2018 Council Meeting DATE: March 26, 2018 File No. Z-2018-04 TO: Mayor and Council FROM: Christopher Garrish (Contract Planner) RE: Zoning Amendment Bylaw – 7034 Tuc-el-nuit Drive RATIONALE: This application is seeking to amend the zoning of the property in order to facilitate a three lot subdivision in which it is proposed to construct single detached dwellings on the proposed north and south parcels while constructing a duplex on the proposed middle parcel. In order to allow for this, it is being proposed to introduce a Residential Low Density One (RS1) Zone over the proposed north and south parcels and aResidential Low Density Duplex (RD1) Zone over the middle parcel. Currently, the property is split zoned part RS1 and part Residential Low Density (Strata) Three (RS3). In support of the rezoning, the applicant has stated that they are seeking to “downzone to lower density to be more consistent with surrounding area development”. OPTIONS: 1. Council may choose to support the recommendation. 2. Council may choose to refer back to staff for additional information. 3. Council may choose not to support the recommendation. RECOMMENDATION: THAT Zoning Amendment Bylaw 1350.26 be read a third time and adopted. RECOMMENDATION IMPLICATIONS: Page 2 of 23 ITEM C. - 1. In considering this proposal, staff note that this proposal is consistent with the OCP designation of the property for future Low Density Residential (LR) development as both the RS1 and RD1 Zones are considered to be low density zones. Staff also note that the OCP Bylaw speaks to supporting “a variety of housing types and tenures” and prioritizes “residential growth and infill within the Town of Oliver’s boundaries over the expansion of services or extension of boundaries to include residential growth beyond its boundaries.” While a change from RS3 to RS1 & RD1 at the site does introduce larger parcel sizes and potentially reduces the densities that could be achieved at the site (i.e. minimum parcel size in the RS3 Zone is 350 m2 versus 555 m2 in the RS1 Zone), staff are also aware of the challenges associated with past proposals attempting to develop the property under the RS3 Zone. As the property is the subject of a Watercourse Development Permit (WDP) Area designation an assessment of the riparian values found at this site and issuance of a permit will be a requirement prior to the approval of any subdivision or building permit for this property. General: Organizational: Financial: Legal/Statutory Authority: Strategic Plan: BACKGROUND: Site Context: The subject property is approximately 4,114 m2 in area and is situated on the west side of Tuc- el-Nuit Drive with Tuc-el-Nuit Lake forming its rear boundary, and it is seen to comprise an existing single detached dwelling. It is understood that the subject parcel was formerly part of the “Efford property”, which was subdivided in 2004 as part of a seven (7) lot subdivision. The surrounding pattern of development is characterised by low density residential development adjacent to Tuc-el-Nuit Lake and agricultural operations to the east on lands within the Osoyoos Indian Band Reserve. Page 3 of 23 ITEM C. - 1. Regulatory Provisions: Under the Town’s OCP Bylaw 1370, 2017, the property is designated as Low Density Residential (LR), which establishes a maximum density of 30 units per hectare and supports the development of single detached dwellings, duplexes, secondary suites and carriage homes. Under Schedule ‘G’ of the OCP, the property is within the Watercourse Development Permit (WDP) Area, the objective of which is to “to protect aquatic habitat, enhance, conserve and restore watercourses and associated riparian areas.” The property is also shown as being within the floodplain of Tuc-el-Nuit Lake on Schedule ‘C’ (Hazard Lands). Under Zoning Bylaw 1350, the property is split-zoned RS1 and RS3, which only permits “single detached dwellings” as principle permitted uses. REFERRALS: Approval from the Ministry of Transportation and Infrastructure (MoTI) is not required prior to adoption of Amendment Bylaw 1350.26 as the proposal is beyond 800 metres of a controlled area (i.e. Highway 97). Referral comments have been received from the Town’s Corporate Officer, Chief Financial Officer, Oliver Fire Department, Interior Health Authority (IHA), Ministry of Forests, Lands, Natural Resource Operations and Rural Development (Archaeology Branch), FortisBC (Electric) and the Osoyoos Indian Band (OIB). PUBLIC PROCESS: A Public Hearing, in accordance with Section 464 of the Local Government Act, is scheduled to occur ahead of the Regular Council Meeting on March 26, 2018. COUNCIL REPORT/RESOLUTION HISTORY: At its meeting of July 12, 2004, Council adopted Zoning Amendment Bylaw 1094, which changed the zoning of the property under Zoning Bylaw 720 from (then) Single Family Residential (RS2) to (then) Single Family Residential (RS4) in order to facilitate an 11 lot subdivision. At its meeting of November 20, 2014, Council rescinded first and second reading of Zoning Amendment Bylaw 1350.02 and abandoned the bylaw. This amendment bylaw had proposed Page 4 of 23 ITEM C. - 1. to change the zoning of the property from part RS1 and part RS3 to RD1 in order to facilitate the development of five duplexes (10 units). At its meeting of March 12, 2018, Council resolved to approve first and second reading of the Amendment Bylaw and the scheduling of a public hearing for March 26, 2018. CAO COMMENTS: Concur with recommendation. Respectfully Submitted: ______________________________________ Chris Garrish Contract Planner Approved By: Department: Status: Cathy Cowan, Chief Administrative Officer Administration Approved - 19 Mar 2018 Page 5 of 23 ITEM C. - 1. Attachment No. 1 – Context Maps N Subject Property TUCELNUIT DRIVE Page 6 of 23 ITEM C. - 1. Page 7 of 23 Attachment No. 2 – Applicant’s Site Plan ITEM C. - 1. Page 8 of 23 Attachment No. 3 – Site Photo (Google Streetview) TUCELNUIT DRIVE FRONTAGE ITEM C. - 1. Page 9 of 23 ITEM C. - 1. TOWN OF OLIVER BYLAW 1350.26 A Bylaw to Amend Zoning Bylaw 1350 The Council of the Town of Oliver, in open meeting assembled, ENACTS AS FOLLOWS: 1. This bylaw may be cited for all purposes as “Zoning Amendment Bylaw 1350.26.” 2. The Zoning Bylaw Map, being Schedule ‘B’ of the Town of Oliver Zoning Bylaw No. 1350 is amended by changing the land use designation on an approximately 975 m2 area of the parcel described as Lot 1, Plan KAP75133, District Lot 2450S, SDYD, Except Plan KAP81095, and shown shaded yellow on Schedule ‘A’, which forms part of this Bylaw, from Residential Low Density (Strata) Three (RS3) to Residential Low Density One (RS1). 3. The Zoning Bylaw Map, being Schedule ‘B’ of the Town of Oliver Zoning Bylaw No. 1350 is amended by changing the land use designation on an approximately 1,900 m2 area of the parcel described as Lot 1, Plan KAP75133, District Lot 2450S, SDYD, Except Plan KAP81095, and shown shaded purple on Schedule ‘A’, which forms part of this Bylaw, from Residential Low Density (Strata) Three (RS3) to Residential Low Density Duplex (RD1). Read a first and second time on the 12th day of March, 2018. Public hearing held on the ____ day of _____________, 2018. Read a third time on the ____ day of _____________, 2018. Adopted on the ____ day of _____________, 2018. ______________________________ ______________________________ Mayor Corporate Officer Page 10 of 23 Zoning Amendment Bylaw No. 1350.26 Page 2 Schedule ‘A’ Tuc - el - Nuit Amend Zoning Bylaw 1350: Drive from: Residential Low Density N (Strata) Three (RS3) to: Residential Low Density 15.0 m Duplex (RD1) (PURPLE SHADED AREA) 22.866 m Amend Zoning Bylaw 1350: 15.819 m from: Residential Low Density (Strata) Three (RS3) to: Residential Low Density One (RS1) (YELLOW SHADED AREA) ITEM C. - 1. Page 11 of 23 Page 11 ITEM C. - 1. OFFICE USE ONLY Date: February 7, 2018 Bylaw Referral File No: Z-2018-04 6150 Main Street, Oliver, BC, V0H-1T0 Folio: 06402.005 Tel: 250-485-6250 / Email: [email protected] You are requested to comment on the attached permit within 21 days (i.e. by February 28, 2018). If no response is received within that time, it will be assumed that your interests are unaffected. Purpose: This application is seeking to amend the zoning of the property in order to facilitate the construction of a single detached dwelling on the southern part of the parcel and a duplex in the middle of the parcel (NOTE: an application to subdivide a parcel north of the proposed duplex zoning has been submitted to the Town). In order to allow for this, it is being proposed to introduce a Residential Low Density One (RS1) Zone over the southern part of the parcel and a Residential Low Density Duplex (RD1) Zone over the middle part of the parcel. Currently, the property is currently split zoned part RS1 and part Residential Low Density (Strata) Three (RS3). In support of the rezoning, the applicant has stated that they are seeking to “downzone to lower density to be more consistent with surrounding area development”. General Location: 7034 Tuc-el-Nuit Drive, Oliver Legal Description: Lot 1, Plan KAP75133, District Lot 2450S, SDYD, Except Plan KAP81095 PID: 025-870-793 Area Affected ALR Status OCP Designation Zone 4,114 m2 No Low Density Residential (LR) part Residential Low Density One (RS1); and part Residential Low Density (Strata) Three (RS3) Other Information: Under the Town’s OCP Bylaw 1370, 2017, the property is designated as Low Density Residential (LR), which establishes a maximum density of 30 units per hectare and supports the development of single detached dwellings, duplexes, secondary suites and carriage homes.
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