S:\DCS\PH 2015-10-06 Combined_NOT.docx
When? Tuesday, October 6, 2015, 7:00 pm
Where? Council Chambers, City Hall, 7 Victoria Street West
Why? Kamloops City Council will hold a Public Hearing to consider the following proposed amendments to Zoning Bylaw No. 5-1-2001.
Property Location:
6767 Dallas Drive
Purpose:
To rezone the subject property on a site-specific basis to allow mobile home sales, outdoor storage, and associated office use in the C-4 (Service Commercial) zone. Property Location: 328 Maple Street Purpose:
To rezone the subject property from RT-3 (Two Family Residential-3) to RS-1S (Single Family Residential-Suite) to allow a carriage suite (accessed off the lane).
Questions? Contact the Planning and Development Division at 250-828-3561 or access relevant background material available at www.kamloops.ca/councilagenda.
Copies of background materials are also available at City Hall for review between the hours of 8:30 am and 4:30 pm, Monday-Friday (excluding statutory holidays).
Have Your Say: Email Mail Fax Speak
[email protected] 7 Victoria Street West
Kamloops BC V2C 1A2 250-828-3578 In person at the Council Meeting
Written submissions must include your name and address and be received no later than 4:00 pm on October 5, 2015.
Written submissions, including your name and address, are included in the Council Agenda and will be posted on the City's website as part of the permanent public record. Please note that the City considers the author's address relevant to Council's consideration of this matter and will disclose this personal information.
September 3, 2015 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER
FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT ON
REZONING APPLICATION NO. REZ00559 DEVELOPMENT PERMIT NO. DPM00528
6767 DALLAS DRIVE
OWNER/APPLICANT: HALSTON HOMES LIMITED, INC.
PURPOSE
To rezone the subject property on a site-specific basis to allow mobile home sales with associated office use in the C-4 (Service Commercial) zone, and to issue a Development Permit in accordance with the South Thompson Silt Bluff Red Zone Development Permit Area to allow development within the Foreset/Backset Zone (also known as the Yellow Zone).
SUMMARY
The subject property is located in the Dallas neighbourhood, is 4,524 m2 in area, and is zoned
OS (Open Space) and C-4 (Service Commercial) site-specific to allow outdoor storage. The property fronts on to Dallas Drive adjacent to C-4 and OS zoned property to the east, which is owned by the applicant, and P-4 (Public and Quasi-Public Use) to the west, which is owned by TELUS, and backs onto the South Thompson silt bluffs.
The property was rezoned in 2010 to allow outdoor storage on a site-specific basis in the C-4 zone to facilitate the storage of mobile homes, with a portion of the property rezoned to OS (Open Space).
Due to the property's location in the Foreset/Backset Zone of the South Thompson Silt Bluff Red Zone Development Permit Area, staff determined that a Temporary Use Permit (TUP) was an appropriate approach to allow a temporary office for mobile home sales in conjunction with the mobile home storage permitted on the site. The TUP was intended to provide the applicant ample time to find another suitable location outside of the Foreset/Backset Zone. Accordingly, a TUP and a Development Permit (DP) were issued; however, in the interim, the Sustainable Kamloops Plan (SKP) was adopted, which supports the exploration of more development opportunities within the Foreset/Backset Zone. As the TUP has come to term, the applicant has requested a permanent office use on the site. To accommodate this request, a new application for a site-specific amendment to the C-4 zone to allow a permanent office has been submitted along with a new DP application to implement mitigative measures to facilitate the use within the Foreset/Backset Zone on a permanent basis.
The Natural Environment Section of the SKP recommends protecting development from hazardous conditions through avoidance and/or acceptable mitigative measures, which includes reviewing the southern silt bluff hazard area, particularly the Foreset/Backset Zone, with a view toward making additional settlement land available in a safe manner. In past practice, new development that contained habitable/occupied buildings, in this case the office building, within the Foreset/Backset Zone was not supported; however, the new SKP policy allows for the reconsideration of lands not previously recommended for development due to their location in the Foreset/Backset Zone, based on a mitigation strategy designed and implemented by a geotechnical engineer. This change in policy will be reflected in revised DP guidelines during the review and redrafting of KAMPLAN: City of Kamloops Official Community Plan that is currently in process.
KAMPLAN designates the land use for the subject property as Commercial and identifies it as being located within Foreset/Backset Zone of the South Thompson Silt Bluffs Red Zone Development Permit Area. As such, a DP is required for any improvements to a property for protection of development from hazardous conditions, specifically significant and extensive silt in and adjacent to the bluffs bordering the South Thompson River. Development may be permitted in the Foreset/Backset Zone upon submission of a geotechnical report prepared by a professional engineer (qualified to practice in the field of geotechnical engineering) that recommends specific criteria for development such that potential hazards are eliminated or accommodated.
In this case, the applicant has submitted a report prepared by Golder Associates Ltd. dated August 17, 2015, (Attachment "B"), which requires the construction of a protective wall structure that will act as a landslide runout mitigation structure for the office building. In accordance with the report:
• The proposed structure will consist of a wedge-shaped structure, with the tip of the wedge pointed south toward the silt benchland escarpment;
• The proposed structure will consist of mechanically stabilized earth walls, backfilled on the inside with compacted reinforced soil that buttresses the walls against the impact of potential future landslide runout;
• The two arms of the wedge shaped structure form a 45° angle, with one arm parallel to the western property line having a 1.5 m offset from the western property line and being approximately 27.75 m in length and the other arm being approximately 37.5 m in length; • The wall will be highest at the south end near the wedge tip where both arms are tied in, and the exposed wall height of the west arm will ranges from 0.8 m to 1.9 m while the height of the east wall ranges from 0.4 m to 1.9 m; and
• The wall will be constructed with lock-block or gabion structure.
In the event of a slide, the proposed mitigation structure is intended to divert the majority of landslide runout debris through the subject property and away from the office building while avoiding diverting incident debris to the neighbouring property. Based on the construction of the wall in accordance with the geotechnical report (Attachment "B") and under the supervision of a professional engineer, staff are of the opinion that the proposal meets the criteria of South Thompson Silt Buff Development Permit Area Guidelines.
In accordance with regulations in Zoning Bylaw No. 5-1-2001, the applicant will be required to pave all parking and circulation areas and to screen the required landslide mitigation wall with a 2 m solid wood fence, which will be constructed along the west property line. These items will be required as a condition of Building Permit. The secondary access across the adjacent property to the west will be required to be closed or a reciprocal cross-access easement will be required with the adjacent property owner. The existing save harmless covenant (LC379374) registered against the title of the property will be released and a new save harmless covenant, based on the geotechnical report prepared by Golder Associates Ltd. dated August 17, 2015 (Attachment "B"), will be required prior to registration of the Development Permit
The Development and Engineering Services Department supports the proposed rezoning and DP as the proposed development complies with the land use policies outlined in KAMPLAN, satisfies the requirements of the South Thompson Silt Bluff Development Permit Area, and is in keeping with the intent of the SKP.
RECOMMENDATION: That Council authorize:
a) A Public Hearing to consider rezoning Parcel Z (KE33944), D.L. 273, K.D.Y.D., Plan 25880 (6767 Dallas Drive), to amend Zoning Bylaw No. 5-1-2001 as follows:
i) Division Forty-One, C-4 (Service Commercial),
Section 4102, Permitted Uses - Site Specific, by removing: - "Outdoor storage shall be the only permitted use in
the case of Parcel Z and a portion of Parcel Y, D.L. 273, K.D.Y.D., Plan 25880 (6767 and 6805 Dallas Drive).";
ii) Division Forty-One, C-4 (Service Commercial),
Section 4102, Permitted Uses - Site Specific, by adding: - "Mobile home sales, outdoor storage, and
associated office use in the case of Parcel Z (KE33944), D.L. 273, K.D.Y.D., Plan 25880 (6767 Dallas Drive)."; and
b) Subject to zoning approval, the Corporate Officer to issue Development Permit No. DPM00528 for Parcel Z (KE33944), D.L. 273, K.D.Y.D., Plan 25880 (6767 Dallas Drive), to allow development in accordance with the site plan shown as Attachment "A" and the geotechnical report Attachment "B". Note: Registration of the Development Permit will be held pending registration of a save harmless covenant.
COUNCIL POLICY
• KAMPLAN, Section 3 - Hazard Lands
• KAMPLAN, Schedule 1 - Development Permit Area, Section 1.6 South Thompson Silt Bluffs Red Zone Development Permit Area
• Sustainable Kamloops Plan - Mitigative Measures Section SITE CONDITIONS AND BACKGROUND
• Neighbourhood - Dallas
• KAMPLAN Designation - Commercial/South Thompson Silt Bluff Red Zone Development Permit Area
• Current Zoning/Use - C-4 (Service Commercial) site-specific to allow outdoor mobile home storage, OS (Open Space), and a Temporary Use Permit to allow sale of mobile homes and an office
• Proposed Variance - C-4 (Service Commercial) site-specific to allow mobile home storage, sales, and associated office use
• Surrounding Uses - C-4 (Service Commercial), OS (Open Space), and P-4 (Public and Quasi-Public Use) • Application Date - April 23, 2015
• Restrictive Covenant - Save harmless covenant based on the geotechnical report prepared by Golder Associates Ltd. dated August 17, 2015 • Project Evaluation Team (PET) - May 15, 2015
• Parcel Size - 4,524 m2
• MOTI Referral - n/a
SUSTAINABILITY IMPLICATIONS
The Natural Environment Section of the SKP recommends protecting development from hazardous conditions through avoidance and/or acceptable mitigative measures. This includes reviewing the southern silt bluff hazard area, particularly the Foreset/Backset Zone, with a view toward making additional settlement land available in a safe manner. In this case, the applicant has submitted a geotechnical report outlining mitigative measures to allow the permanent office use to remain on the property.
_____________________________________ M. Kwiatkowski, P.Eng.
Development and Engineering Services Director Approved for Council Consideration:
Author: B. L. Smith, MCIP, RPP, Planner
Reviewed by: E. Beach, MCIP, RPP, Planning and Development Supervisor R. Lambright, MCIP, RPP, Planning and Development Manager BLS/dla/lm/kjm
Attachments
September 2, 2015 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER
FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT ON
REZONING APPLICATION NO. REZ00561
DEVELOPMENT PERMIT APPLICATION NO. DPM00531 328 MAPLE STREET
OWNER/APPLICANT: SHORE CONSTRUCTION CORP.
PURPOSE
To rezone the subject property from RT-3 (Two Family Residential-3) to RS-1S (Single Family Residential - Suite) to allow a carriage suite, and to issue a Development Permit to control the site design and the form and character of the suite.
SUMMARY
The subject property is located on the west side of Maple Street in the McDonald Park neighbourhood on the North Shore. The property is 705.04 m2 in area and is currently
zoned RT-3. The applicant is building a two-storey single-family residence on the property and would like to build a carriage suite to be accessed off of the lane. As the RT-3 zone does not allow garden or carriage suites, the applicant has applied to rezone the property to RS-1S. As carriage suites are subject to the Intensive Residential Development Permit Area Guidelines for form and character, a Development Permit is required.
KAMPLAN encourages infill development as well as innovation, flexibility, and quality in the provision of housing. The rezoning application facilitates the provision of infill within an established neighbourhood and helps meet targets identified in the Sustainable Kamloops Plan (SKP), including increasing density of development by 25% by 2050 and managing overall growth of the Urban area to achieve a rate of Urban growth that is 50% of the rate of population growth.
Staff support the rezoning application as it is consistent with the policies of KAMPLAN and the SKP and it meets most zoning requirements for carriage suites, including lot coverage, building height, setbacks, and parking. Variances will be required to reduce the minimum lot width and street frontage from 15 m to 14 m and to increase the maximum distance from the suite to the municipal road dedication from 30 m to 36 m. Staff also support the proposed Development Permit application as it meets the intent of the City's Intensive Residential Development Permit Area Guidelines. Specifically, site design features a hard-surfaced path that provides connectivity between the suite and the street, amenity space in the form of a patio for the suite, front yard landscaping in front of the primary residence, and adequate parking for the house and the suite (Attachment "A"). The building design features a mix of materials (including grey horizontal HardiePlank lap siding, brown HardieShingles, and white accent features) and varied rooflines with habitable floor space incorporated into gable features at the front and rear of the building (Attachment "B").
In summary, the application meets the policies of KAMPLAN, the SKP, and the Intensive Residential Development Permit Area Guidelines. As the Public Hearing process provides an opportunity for the neighbourhood to provide input, staff support the application and advise Council to proceed as outlined in the recommendation.
RECOMMENDATION: That Council authorize:
a) A Public Hearing to consider rezoning Lot A, D.L. 255, K.D.Y.D., Plan EPP24448 (328 Maple Street), from RT-3 (Two Family
Residential-3) to RS-1S (Single Family Residential - Suite) to allow a carriage suite; and
b) Subject to rezoning approval, the Corporate Officer to issue Development Permit No. DPM00531 for Lot A, D.L. 255, K.D.Y.D., Plan EPP24448 (328 Maple Street), in accordance with the site plan shown as Attachment "A" and the building elevations shown as Attachment "B".
Note: Approval of this Development Permit will vary Zoning Bylaw
No. 5-1-2001, Division Eighteen, RS-1S (Single Family Residential - Suite), as follows:
• Section 1802(i), Regulations, to reduce the minimum lot width for single-family residential with a secondary suite from 15 m to 14 m and to reduce the minimum lot street frontage for single-family residential with a secondary suite from 15 m to 14 m; and
• Section 1808, Garden and Carriage Suites - Special Conditions, to increase the maximum distance from a carriage suite entrance to municipal road dedication from 30 m to 36 m, subject to the installation of a sprinkler system for the suite.
Note: Final registration of this Development Permit will be subject to the submission of landscape security in the amount of $2,500.
COUNCIL POLICY
KAMPLAN: The Official Community Plan supports residential development that exemplifies infill and intensification on serviced lots and encourages innovation, flexibility, and quality in the provision of housing. KAMPLAN also promotes a broad range of housing types, lifestyles, and income levels. Additionally, KAMPLAN supports various types of housing, including carriage suites and secondary suites on land designated as Urban, subject to their meeting criteria such as availability of transit, servicing by a lane, lack of on-street parking restrictions, measures to minimize visual impact, and sensitive integration into the neighbourhood.
SITE CONDITIONS AND BACKGROUND
• Neighbourhood - McDonald Park
• KAMPLAN Designation - Urban
• Current Zoning/Use - RT-3 (Two Family Residential-3)/Single-family home currently under construction
• Proposed Variance - Reduce minimum lot width and street frontage in the RS-1S zone from 15 m to 14 m, and increase maximum distance from the suite to the municipal road dedication from 30 m to 36 m
• Surrounding Uses - Single-family residential • Application Date - June 3, 2015
• Restrictive Covenant - Flood plain covenant on title • Project Evaluation Team (PET) - June 18, 2015
• Parcel Size - 705.04 m2
• MOTI Referral - n/a
DISCUSSION
Rezoning
The subject property is located on the west side of Maple Street in the McDonald Park neighbourhood of the North Shore. The property is 705.04 m2 in area and is currently
zoned RT-3. The applicant wishes to rezone the property to RS-1S to allow a carriage suite, which is a secondary suite located above a garage. The rezoning application is consistent with KAMPLAN's policies for infill and specific policies for suites, including access to public transit (the subject property is approximately 140 m from the No. 2 - Parkcrest bus stop), availability of municipal servicing, access to a lane, and availability of on-street parking.
A secondary suite in the form of a carriage suite is supported as the property is located within the 200-year flood plain. By providing the suite above the garage, all habitable space is elevated out of the flood plain, which would not be the case if the suite was provided as an at-grade garden suite or basement suite within the principal dwelling. Due to the existence of a two-storey house under construction on the property and two-storey homes elsewhere on the block, the two-storey carriage suite will not appear to be out of scale with the neighbourhood. It should also be noted that a secondary suite is already permitted under the current RT-3 zoning; therefore, rezoning to RS-1S does not allow an increase in the number of units permitted on site. Instead, it allows a change in the form that the second unit may take, in this case, a detached carriage suite versus a secondary suite within the main building.
The proposed carriage suite meets the requirements of the RS-1S zone, including the following: • A minimum 2 m setback for side property lines (a 2 m setback is provided on the north
side, and a 3.5 m setback is provided on the south side);
• A maximum building height of 7 m (the height from the lowest elevation to the peak is 6.6 m);
• A minimum of three parking stalls for the site (the principal residence contains a single-car garage and room for parking in the driveway accessed off of Maple Street, while the proposed carriage suite contains a single-car garage, one surface parking stall next to the garage, and room for a small vehicle to park in front of the garage); and • A minimum 1.5 m setback from the lane (a rear setback of 4.9 m is provided to allow
room for parking a small vehicle).
Several minor variances to the zoning regulations are required to facilitate the rezoning application, such as a reduction in lot width, street frontage, and maximum distance between the suite and the roadway. As these variances are proposed to be achieved through the Development Permit process, they are discussed below under Site Design, Landscaping, and Variances.
Intensive Residential Development Permit
As carriage and garden suites are subject to the Intensive Residential Development Permit Area Guidelines, a Development Permit is required prior to the issuance of a Building Permit. The guidelines are intended to promote high-quality developments that are sensitive to the established neighbourhood. In particular, the guidelines aim to provide a high level of residential livability, consider site-specific characteristics, reduce impacts on adjacent properties, and promote a style of development that is compatible with existing dwellings in terms of landscaping and massing.
Site Design, Landscaping, and Variances
Site design for the development features parking for the principal dwelling that is accessed off of Maple Street (a one-car garage in the principal dwelling under construction plus room for one vehicle to park in the driveway) and parking for the suite accessed off of the lane. Parking for the suite includes a standard-sized parking stall adjacent to the suite plus room for a small car to park in a stacked configuration in front of the carriage suite's two-car garage. As per the Intensive Residential Development Permit Area Guidelines, the entrance to the suite is connected to Maple Street via a 1.5 m wide, hard-surfaced path. Amenity space for the suite includes a patio south of the building (Attachment "A").
As noted above, several variances are required in order to approve this Development Permit, including:
• Reducing the minimum lot width and street frontage for single-family residential with a secondary suite from 15 m to 14 m. Staff support this variance as the lot significantly exceeds the minimum lot size of the zone (the lot is 705.04 m2, whereas the minimum lot
size is 464 m2) and the applicant has shown that a suite can be accommodated on site
while meeting parking and setback requirements.
• Increasing the maximum distance from a carriage suite entrance to a municipal road dedication from 30 m to 36 m. In accordance with the Intensive Residential Development Permit Area Guidelines, staff support this variance subject to the installation of a sprinkler system for the building. Additional fire safety provisions include orienting the entrance to the suite towards the street; providing a 1.5 m, hard-surfaced path to the suite for emergency access; and providing an outdoor strobe light that is connected to the smoke alarm in the building.
Staff support these variances as shown on Attachment "A".
REZONING APPLICATION NO. REZ00561
DEVELOPMENT PERMIT APPLICATION NO. DPM00531
September 2, 2015 Page 5
Building Design
The proposed carriage suite complements the principal dwelling under construction on the property through the use of matching grey horizontal HardiePlank lap siding, the inclusion of brown HardieShingles, and the provision of white accent features. Also consistent with the Intensive Residential Development Permit Area Guidelines, the building design features varied rooflines with habitable floor space incorporated into gable features at both the front and rear of the building. The entrance to the suite is oriented towards Maple Street with a roofed entrance feature to add visual Interest and improve visibility of the entrance to the street (Attachment "B"). The proposed carriage suite complies with zoning regulations and the Intensive Residential Development Permit Area Guidelines as far as overall footprint, floor area, and height. The total footprint of the proposed building is 80 m^, including a 71.8 m^ garage, a 5.3 m^ finished stairwell and landing, and a 2.9 m^ covered entry area, which complies with the maximum 80 m^ footprint allowed in the RS-1S zone. The total finished floor area in the building is 75.6 m^,
which includes 70.3 m^ for the suite plus 5.3 m^ for the stairs and landing. This is less than the
maximum 95 m^ floor area allowed in the Intensive Residential Development Permit Area Guidelines. The total height for the suite is 6.6 m from the lowest point to the peak, which is less than the 7 m maximum height specified in both the zoning regulations and the Intensive Residential Development Permit Area Guidelines. Additionally, the building is subordinate in
scale and massing to the principal dwelling under construction on the property (Attachment "B").
SUSTAINABILITY IMPLICATIONS
The SKP encourages infill development in existing neighbourhoods in a variety of ways, including garden suites and, by extension, carriage suites and concentrating development Intensification in serviced areas. Garden suites in existing neighbourhoods will assist in achieving targets in the SKP, such as increasing density of development by 25% by the year
2050 and managing overall growth of the Urban area to achieve a rate of growth that is 50% of the rate ot^population growth.
watkowski, PjEng.
Development and Engineering Approved for Council Consideration:
Author: 8. Bentley, MClP, RPP, Planner
Reviewed by: E. Beach, MClP, RPP, Planning and Development Supervisor
R. Lambright, MClP, RPP, Planning and Development Manager
SB/ts/dla/kjm/lm
Attachments
S:\DCS\REZ00561 DPM00531_REP.docx
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