Public Notice - PentictonNews/News/2014/2014-04-24 Public... · Public Notice Page 1 of 2 For Office Use Only: ADDRESS \Kinney Ave\175\2011 MP-0020\NOTICES\2014\2014-04-24 Public

$Page 1: Public Notice - PentictonNews/News/2014/2014-04-24 Public... · Public Notice Page 1 of 2 For Office Use Only: ADDRESS \Kinney Ave\175\2011 MP-0020\NOTICES\2014\2014-04-24 Public$
Public Notice

Page 1 of 2 For Office Use Only: ADDRESS\Kinney Ave\175\2011 MP-0020\NOTICES\2014\2014-04-24 Public Notice

April 24, 2014 Subject Property: 175 Kinney Avenue (Lot 1, District Lots 115 and 116, Similkameen Division Yale District, Plan 25981) Applications: 1. OCP Amendment Application PL2011-013

Amend Official Community Plan Bylaw 2002-20 • Official Community Plan Amendment Bylaw

2014-19 to include 175 Kinney Avenue in the General Multiple Development Permit Area Schedule ‘H’.

• Official Community Plan Amendment Bylaw 2014-20 to change the future land use designation of 175 Kinney Avenue from Parks and Recreation (PR) to Medium Density Residential (MR)

2. Rezoning Application PL2014-004

Amend Zoning Bylaw 2011-23 • Zoning Amendment Bylaw 2014-21 to rezone 175 Kinney Avenue from R1 (Large Lot Residential) to CD5

(Comprehensive Development) Zone The applicant is proposing to construct townhomes and three four-storey apartment buildings. Information: The staff report to Council and Bylaws will be available for public inspection from Friday, April 25, 2014 to Monday, May 5, 2014 at the following locations during hours of operation: • Penticton City Hall, 171 Main Street • Penticton Library, 785 Main Street • Penticton Community Centre, 325 Power Street You can also find this information on the City’s website at http://www.penticton.ca/EN/meta/city-news/latest-news.html. Please contact the Planning Department at (250) 490-2501 with any questions.

580-267

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351-580

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KAP 80370

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KAP 84206

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http://www.penticton.ca/EN/meta/city-news/latest-news.html

http://www.penticton.ca/EN/meta/city-news/latest-news.html

Page 2 of 2 For Office Use Only: ADDRESS\Kinney Ave\175\2011 MP-0020\NOTICES\2014\2014-04-24 Public Notice

Council Consideration: Council will consider this application at a Public Hearing scheduled for 6:00 p.m. Monday, May 5, 2014 at the Penticton Trade & Convention Centre, 273 Power Street, Penticton. For information on the Public Hearing Process go to: http://www.penticton.ca/EN/main/city/mayor-council/council-policies.html. Public Comments: You may appear in person, or by agent, the evening of the Public Hearing, or submit a petition or written comments by mail or email no later than 9:30 a.m., Monday, May 5, 2014 to: Attention: Corporate Officer, City of Penticton 171 Main Street, Penticton, B.C. V2A 5A9 Email: [email protected]. No letter, report or representation from the public will be received by Council after the conclusion of the May 5, 2014 Council Meeting. Please note that all correspondence submitted to the City of Penticton in response to this Notice will form part of the public record and will be published in a meeting agenda when this matter is before the Council or a Committee of Council. The City considers the author’s address relevant to Council’s consideration of this matter and will disclose this personal information. The author’s phone number and email address is not relevant and should not be included in the correspondence if the author does not wish this personal information disclosed. Those persons with special hearing, language or access needs should contact City Hall at (250) 490-2400 prior to the meeting. Anthony Haddad, MCIP Director of Development Services

http://www.penticton.ca/EN/main/city/mayor-council/council-policies.html

mailto:[email protected]

Council Report

Date: April 22, 2014 File No: Rezone PL2014-004 & OCP PL2011-013 To: Annette Antoniak, City Manager From: Audrey Tanguay, Senior Planner Subject: 175 Kinney Avenue

Staff Recommendation

THAT prior to consideration of the Bylaws and in accordance with Section 879 of the Local Government Act, Council consider whether early and ongoing consultation, in addition to the required Public Hearing, is necessary with:

1. One or more persons, organizations or authorities; 2. The Regional District of Okanagan Similkameen; 3. Local First Nations; 4. School District #67; and 5. The provincial or federal government and their agencies;

AND THAT it is determined that the Public Hearing is sufficient consultation;

AND THAT “Official Community Plan Amendment Bylaw No. 2014-19” being a bylaw to include Lot 1 District Lots 115 and 116 Similkameen Division Yale District Plan 25981 located at 175 Kinney Avenue in the General Multiple Development Permit Area Schedule “H” of Official Community Plan Bylaw No 2002-20 be introduced, read a first time and forwarded to the May 5, 2014 Public Hearing;

THAT “Official Community Plan Amendment Bylaw 2014-20”, to change the future land use designation for Lot 1 District Lots 115 and 116 Similkameen Division Yale District Plan 25981 located at 175 Kinney Avenue from Parks and Recreation (PR) to Medium Density Residential (MR) be read a first time and forwarded to the May 5, 2014 Public Hearing;

AND THAT “Zoning Amendment Bylaw No. 2014-21” being a bylaw to rezone Lot 1 District Lots 115 and 116 Similkameen Division Yale District Plan 25981 located at 175 Kinney Avenue from R1 (Large Lot Residential) to CD5 (Comprehensive Development) Zone be introduced, read a first time and be forwarded to the May 5, 2014 Public Hearing.

Strategic priority objective

With Council’s Strategic Priority being the downtown revitalization, the addition of new medium density residential OCP designations outside of the downtown reduces the ability for the downtown to densify.

Page 2 of 22 For Office Use Only: ADDRESS\Kinney Ave\175\2011 MP-0020\COUNCIL\2014-04-22 CL Report

BACKGROUND:

Site History

The subject property is a 2.3 acre site on Kinney Avenue located between Cherry Lane Towers and Parkway Elementary School (Attachment A). The subject property is designated as PR (Parks and Recreation) according to OCP Bylaw 2002-20 and is currently zoned R1 (Large Lot residential) under Zoning Bylaw 2011-23. The site is occupied by a single family house that was constructed in 1935.

The property has been designated Parks and Recreation since at least 1988 with the adoption of Official Community Plan Bylaw 1988-84. The Parks and Recreation Master Plan, adopted in 1995, recommended acquiring additional sports field space and expansion of Lions Park. It was suggested that the future purchase of this property by the City would lead to the further long term development of the park. In 2009, the City began preparing a new parks and recreation plan and a draft has been prepared which has not been endorsed by Council. The draft plan notes that there is a lack of parkland in the Kinney Avenue area yet recommends removing 175 Kinney Avenue from the list of properties for parks acquisition.

Cherry Lane Urban Village

The subject site is located within the Cherry Lane Urban Village as outlined in the OCP, which identifies the area surrounding the Cherry Lane Shopping Centre for future higher density development. With infrastructure in place to support increased residential densities, this site can accommodate development in line with recent higher density developments that have occurred. The goal of the City’s urban village nodes is to make efficient use of infrastructure and provide for dense urban environments that have access to a range of existing services.

In 2011 the applicant applied for an OCP amendment to redesignate the site to Low Density Residential. This application was introduced to Council and the following resolution was passed:

OCP Consultation Plan – 175 Kinney Avenue Moved/Seconded: 322/2011 THAT prior to considering the application to amend Official Community Plan Bylaw 2002-20

to change the future land use designation for Lot 1, District Lots 115 and 116, Similkameen Division Yale District, Plan 25981 located at 175 Kinney Avenue from PR, (Parks and Recreation) to LR, (Low Density Residential); additional public consultation be carried out in accordance with Section 879 of the Local Government Act; AND THAT staff be authorized to carry out public consultation, in accordance with Section 879 of the Local Government Act, with:

1. The Parks, Recreation and Tourism Advisory Committee, 2. Residents living within a 1 km radius of the subject site, 3. The public at large, 4. Park user groups, and 5. The real-estate division of School District #67

AND THAT the applicant be required to cover all sundry costs, including mailing fees, facility rental, advertising, and stationary costs of carrying out said consultation;


AND FURTHER THAT staff be authorized to obtain an appraisal from the City’s appraiser, at the applicant’s cost, to determine the current value of the land and any potential change in the value of the land, resulting from a land use designation change.

CARRIED UNANIMOUSLY

This application did not proceed as the property owner did not pay the fees associated with the additional public notification and they did not request to move the process forward then. At that time, the City had intentions of purchasing the subject land for the purpose of parkland.

In May of 2013, the applicant approached City staff and requested the change to the original application. In August 2013, the applicant intended to proceed with only an OCP amendment to change from Parks and Recreation (PR) to Medium Density Residential (MR) and the following resolution was passed by Council:

8.3 OCP Amendment 2013 – 30 – 175 Kinney Avenue

509/2013 It was MOVED and SECONDED

THAT first reading of “Official Community Plan Amendment Bylaw 2013-30” to change the future land use designation for Lot 1, District Lots 115 and 116 Similkameen Division Yale District Plan 25981 located at 175 Kinney Avenue from Parks and Recreation (PR) to Medium Density Residential (MR) be postponed until it includes a Rezoning Application and Development Permit application that detail the proposed development of the land.

CARRIED

COUNCILLORS KONANZ AND VASSILAKI OPPOSED

The applicant has now come forward with a new request for Council consideration as the City does not anticipate purchasing this land for parkland as there has been no agreed upon value for any land sale.

Staff had requested that the applicant meet with the adjacent neighbourhood prior to this application coming in front of Council for a decision and a public information meeting was held at Parkway Elementary School on October 23, 2013. The applicant notified owners and residents within 100m of the site. Following the meeting, 63 responses were received and concerns over traffic in the school zone and loss of potential views were raised, in addition to concerns related to the City’s ability to purchase the land for future park purposes.

PROPOSAL:

The applicant is requesting that the OCP designation for the subject site be changed from Parks and Recreation (PR) to Medium Density Residential (MR) and rezoning the property from R1 (Large Lot Residential) to CD5 (Comprehensive Development) Zone. The applicant has advised that the property cannot be developed or sold with the current OCP designation and considering the difference in opinion of the appropriate value for the lands, the applicants wish to move forward with this proposal. A development proposal has been submitted in conjunction with the application that complies with the requested OCP designation of Medium Density Residential (Attachment D).


The following table outlines the existing and proposed land use changes.

Current Use: Single–family dwelling Proposed Use: Townhomes + 4 storey apartment buildings

Existing OCP Designation

Parks and Recreation(PR) Proposed OCP: Medium-Density Residential(MR)

Existing DP Area None Proposed DP Area General Multiple Development Permit Area

Existing Zoning Single Family Residential (R1)

Proposed Zoning CD5 (Comprehensive Development) Zone

Site Area 2.3 Acres

Comprehensive Development Zone (CD Zone)

Comprehensive Development Zones (CD Zones) are intended to facilitate and regulate the development of unusual projects that are consistent with the intent of the land use designation of the OCP, but where specific features of the development necessitate site specific regulations. The proposed CD Zone will allow the use of both townhouses and apartments on the site. The concept proposed by the applicant contains three, four storey buildings with townhomes fronting Kinney Avenue with the following provisions:

Zoning Compliance Table Proposed CD zone

Permitted Use: Apartment, townhouse, congregate housing extended care residence, minor home occupations, vacation rentals

Setbacks: Front Yard Interior West Side Yard: Interior Est Side Yard Rear Yard

3.0m

6.1m 8.0

6.0m Building Height 18m ( 4 storey)

Lot Coverage 50% Parking 135 stalls

Floor Area Ratio 1.2

The concept plans attached to this application show that the buildings have been oriented to minimize the potential impact to the views on the adjacent Cherry Lane Towers, in particular the two western most buildings within the Cherry Lane complex. A copy of the concept plans provided by the application is provided in Attachment D.

Development Engineering Review

A finalised analysis of the proposed development will be completed when a refined proposal is submitted for Development Permit application, should Council support the proposed OCP and Rezoning Application. The following is a summary of the review completed at the rezoning stage.


Water Service

A mechanical engineer will need to determine the size of the required services and water meters required for this development.

Hydrant

Current hydrant spacing is deficient in the area. The existing hydrant spacing is 186m rather than the required 90m. As per Subdivision and Development Bylaw No.2004-81, an owner who applies for a Building Permit that would authorize the construction of a building where the fire hydrant system does not conform to the standards, shall improve, upgrade or extend the water system. This requirement will be taken into consideration at the building permit stage.

Sanitary

The proposed development will trigger the installation of a new manhole and new sanitary service. The service size will need to be determined by a mechanical engineer. The approximate estimate based on a manhole and a 150mm service is $12,000. Detailed estimate to be developed based on actual design at the building permit stage.

Storm

The storm drainage is to be controlled and maintained on-site as per Building Bylaw 94-45.

Traffic Impact Analysis

The proposed density may impact the traffic in the area therefore a Traffic Impact Analysis may be necessary, however the applicant has not provided a formal analysis from a Traffic Engineer. The applicant has however provided some rationale with regards to the traffic impacts generated by the proposed densities (Attachment C).

The new proposal will generate approximately 401 daily trips, with 33 AM and 37 PM peak hour trips per hour. The vast majority of these trips would go east and possibly not impact the adjacent school zone. When the analysis takes into consideration the general demographic and possible types of development like Senior Adult Housing development, the total daily trips falls to 303 and the AM and PM peak hour trips descent to 12 and 14 respectively. It is likely based on the product proposed, the demographic it caters to and the general demographic trends that the traffic will be closer to this type of use. Although not accounted for in the trip generation model it can be inferred that traffic would be less than predicted by the model due to the project being within easy walking distance (250m) to significant shopping and service opportunities that make up the Cherry Lane Village area.

Currently, with the existing Cherry Lane Towers and newly developed Athens Creek development, a total of approximately 500 units have the potential to generate traffic. With the proposal seeing 90 more units on this site, the development could generate a vehicle trip increase of 18%, purely based on the number of units proposed. The majority of the trips generated would go east towards the commercial shopping and job areas rather than entering into the residential area and would therefore not impact the adjacent school zone. There would be a small number of trips that would turn west towards the school but based on the overall capacity of Kinney Avenue the impacts could be negligible. For example if 25% of the AM peak hour


trips (8) went west out of the site past the elementary school there would be no noticeable difference as it would be the equivalent of one trip every seven and a half minutes.

Since the predicted AM peak hour trips would not be heading west but rather east out of the site for shopping or work, there would likely be any noticeable impact to the morning traffic flow. The number of trips equates to one car leaving the site every two minutes and certainly less than half of those will be heading west past the school. Kinney Avenue is classified as an urban residential collector as per OCP Bylaw 2002-20 and has been designed for traffic volumes up to 8,000.

Analysis

Support OCP Amendment and Rezoning

OCP – Medium Density

The OCP encourages an intensification of residential land use and density within the Urban Villages including the Cherry Lane location. Under the Medium Density Residential policies of the OCP, the maximum proposed density is 115 dwelling units per hectare and there is an established maximum height of four storeys. The OCP also supports residential densities around major shopping facilities while considering neighborhood character in areas adjacent to the High Density Residential designation. The OCP also encourages a wide range of medium density residential housing forms including townhouses and apartments.

The proposal meets the intent of the Medium Density Residential designation of the OCP. The bigger question revolves around whether the Medium Density OCP designation is appropriate for this site. As previously mentioned, the property is located within the Cherry Lane Village where the maximum height has been established up to 10 storeys. The Cherry Lane Tower development falls under the High Density Residential designation. Redevelopment sites for Medium Density Residential are expected in this area. The Medium Density Residential designation offers a transition from the existing high density residential adjacent to the school.

Rezoning – Comprehensive Development Zone

The zoning that currently exists on the site is R1 (Large Lot Residential) and only permits one single-family dwelling unless it is subdivided for additional single family dwellings. A number of zones conform to the Medium Density Residential OCP designation including RM3 which provides for housing up to 5 storeys. Staff have worked with the applicant to design a Comprehensive Development Zone for this site to try to alleviate some of the neighbors’ concerns raised at the public meeting. The side yard setbacks have been increased from 4.5m to 8.0m on the east parcel line adjacent to the parkway school and 6.1m on the west parcel line adjacent to Cherry Lane Towers representing 14 metres between the proposed building and the existing towers on the west side. The building heights and massing step down from high density residential to medium density with townhouses facing Kinney Avenue, therefore, providing a transition for the different uses. The proposed Comprehensive Development Zone will secure the complete design for this site and if any changes are being anticipated in the future that do not meet the intent of the zone, a rezoning application or variance application will need to be submitted and will have to reflect and support the Medium Density Residential designation of the OCP.


The following table compares the typical RM3 Zoning requirements and the proposed CD Zoning requirements to illustrate how the applicant intends to respond to neighbouring concerns.

RM3 Zone Proposed CD zone Storeys: Five Storey Four Storey Maximum Density: 1.2 FAR 1.2 FAR Density Per Hectare: 115 units 90 units Maximum Height: 18m 18m Minimum Front Yard: 3.0m 3.0m Interior Side Yard: 4.5m 6.1m West side and 8.0m East side Minimum Rear Yard: 6m 6.0m

The proposed concept plans provided by the applicant show townhouse units fronting Kinney Avenue and three, four storey buildings further setback on the property. The larger buildings have been oriented to minimize the potential impact on views and the relative impact of the size and bulk of the buildings. The southern building is adjacent to the parking lot of Cherry Lane Towers to provide view corridors to the adjacent buildings. Attachment F presents the view diagrams and corridors from the Cherry Lane Towers and the potential impacts. The plans attached are a concept that generally fits with the proposed CD zone. The zone has been compiled to deal with potential issues raised by the neighbourhood as part of the development. The plans that have been submitted are conceptual only and are not tied to the rezoning therefore the design may change at the development permit stage. Currently, the existing high density developments in the area represent over 500 units. The maximum density for this proposal is 75 multi-family units and 15 townhouse units, therefore the proposed density represent an approximate 18% increase in the immediate area.

There are a number of criteria under which a traffic impact assessment study may be required. In general, a traffic impact assessment should be conducted whenever a proposed development will generate more than 100 additional new peak hour trips to or from the site. The applicant suggests that the new proposal will generate approximately 401 daily trips, with 33 AM and 37 PM peak hour trips so less than 100. Currently, with the existing Cherry Lane Towers and newly developed Athens Creek a total of approximately 500 units generate traffic in the area. With the potential 90 more units on this site, we could see a traffic increase of up to 18% for the area.

The scale and residential density of the proposal is consistent with the OCP policies for this area and therefore staff recommend the support of the Rezoning and OCP amendment.

Deny OCP Amendment and Rezoning

One of the main concerns for the proposed development is the impact of development of this site for multiple family housing on the adjacent Cherry Lane Towers. Since the public meeting in October 2013, staff have received over 63 letters from owners in the Cherry Lane Towers that have concerns over the loss of views and traffic generation of the proposed development. There is also documented public input that suggests a strong desire from the adjacent Chery Lane Towers development to create a park on this property. The property owners have been trying to change the OCP and zoning of this property for over 10 years. For over two decades the City has maintained an intention to acquire the property for parkland through the Official Community Plan. Council may feel that the proposed rezoning and OCP amendment is


not appropriate for the site. If this is the case, Council should deny the OCP and rezoning application and direct staff accordingly.

With the Comprehensive Development Zone being proposed, Council also have the ability to revise any and all of the components of the zone that have been created. Should Council consider that the regulations proposed as part of the CD Zone are not appropriate, each can be amended, as directed by Council.

Development Permit Area Amendment

Support

The property is not located in a development permit area under OCP Bylaw 2002-20. Staff recommends that the property be included in the General Multiple Family Development Permit Area as this is a new development. The objective of the development permit area is to produce streetscapes defined by attractive buildings and landscaping as well as establishing building forms, site planning principles and landscape standards appropriate for the area. By including the proposed development in a development permit area; staff considers that it will secure the building design for the property as well as retain securities for landscaping. The form and character of the development shows general consistency with the General Multiple Family Development Permit Area. The plans, as part of the eventual development permit application, will be required to substantially conform to the plans submitted as part of this rezoning application.

Deny

Council may feel that a development permit is not suitable for this site therefore denying the insertion of the lot under the General Multiple Family Development Permit Area of OCP Bylaw 2002-20.

Alternate recommendations

1. That Council postpone a decision on this matter until a more comprehensive proposal is submitted.

2. That Council refer the application back to staff

Attachments

Attachment A – Subject Property

Attachment B – Photos of the site

Attachment C – Letter of Rational

Attachment D – Site Plan

Attachment E – Elevation

Attachment F – Views

Attachment G –Comprehensive Development Zone


Respectfully submitted,

Audrey Tanguay

Senior Planner

Approvals

Director City Manager

AH


Attachment A: Subject Property


Attachment B: Site Photos

Figure 1: Subject site looking north

Figure 2: Kinney Avenue looking east

Figure 3: Kinney Avenue looking west


Attachment C: Letter of Rational




Attachment D: Site Plan



Attachment E: Elevations



Attachment F: Views

View looking down from Cherry Lane Towers

View from Kinney Avenue


View from Cherry Lane Tower

View Looking North


Attachment G: Proposed CD Zone

14.5 CD5 Comprehensive Development (175 Kinney Avenue)

14.5.1 PURPOSE This zone provides for the comprehensive design of a residential development for Lot 1, KAP 25981, SDYD (175 Kinney Avenue) that is consistent with the intent of Official Community Plan Bylaw 2002-20.

14.5.2 PERMITTED USES

.1 apartment

.2 townhouse

.3 congregate housing

.4 extended care residence

.5 minor home occupations (Subject to specific use regulations 8.4)

.6 vacation rentals (Subject to specific regulations 8.9)

.7 accessory use, building or structure

14.5.3 SUBDIVISION AND DEVELOPMENT REGULATIONS

.1 Minimum lot width: 45.0 m

.2 Minimum lot area: 2500 m2

.3 Maximum lot coverage: 50%.

.4 Maximum density: 1.2 floor area ratio (FAR) with a maximum of 115 units per hectare (75 apartment units & 15 townhouses) .5 Maximum height: 18.0 m.

Within 8.0m of a parcel line the height may not exceed 10.0m .6 Minimum front yard: 3.0 m

.7 Minimum rear yard: 6.0 m

.8 Minimum side yard: 8.0m on the east parcel line and 6.1m on the west parcel line

.9 Parking: 1 space per unit plus 0.25 spaces/unit for visitors.

.10 Projections into Yard Setbacks: i. Notwithstanding section 5.11 of this bylaw:

1. Entrance canopies or awnings may project no more than 2.0 m into a required rear and side yard setback.

2. Covered or uncovered balcony may project no more than 2.0 m into a required rear and side yard setback.

14.5.4 OTHER REGULATIONS

.1 Off-Street Bicycle Parking Off-street bicycle parking shall comply with the standards and regulations established in Section 7.4 of this Bylaw.

.2 Amenity Space Requirements


i. Amenity space shall be provided at the rate of 20 m2 for each dwelling unit. ii. 25% of the required amenity space must be provided at the ground floor level.

.3 Landscape Buffer

Minimum landscape buffer requirements of Section 6.3 shall apply

.4 A maximum of 60% of the lots shall be covered with hard surfacing, including buildings, structures, parking areas, driveways, walkways, patios and similar construction. The area of green roofs shall not be counted as hard surface.

. .5 The maximum Density specified in Section 14.5.3 may be increased to a maximum floor

area of 1.7 if the owners provide a cash payment of $15.00 for every .0.9m2(1squarefoot) of density bonus to the City of Penticton to be placed in a reserve fund for affordable housing and special needs housing or public amenities off the site. This payment is due at the time of issuance of any building permit authorizing the construction of any phase by any amount, and to the extent that the building permit authorizes construction exceeding that density.

Official Community Plan Amendment Bylaw No. 2014-19 Page 1 of 1

The Corporation of the City of Penticton

Bylaw No. 2014-19

A Bylaw to Amend the Official Community Plan Bylaw 2002-20

WHEREAS the Council of the City of Penticton has adopted an Official Community Plan Bylaw pursuant to the Local Government Act; AND WHEREAS the Council of the City of Penticton wishes to amend “Official Community Bylaw 2002-20”; NOW THEREFORE BE IT RESOLVED that the Municipal Council of the City of Penticton, in open meeting

assembled, hereby ENACTS AS FOLLOWS: 1. Title: THIS Bylaw may be cited for all purposes as “Official Community Plan Amendment Bylaw 2014-19.” 2. Amendment:

2.1 “Official Community Plan Bylaw 2002-20” is hereby amended as follows:

To include Lot 1, District Lots 115 and 116, Similkameen Division Yale District, Plan 25981 located at 175 Kinney Avenue in Schedule “H”, General Multiple Development Permit Area.

2.2 Schedule ‘A’ attached hereto forms part of this bylaw.

READ A FIRST time this day of , 2014

A PUBLIC HEARING was held this day of , 2014

READ A SECOND time this day of , 2014

READ A THIRD time this day of , 2014

ADOPTED this day of , 2014

Notice of intention to proceed with this bylaw was published on the __ day of_____, 2014 and the __ day of_____, 2014 in the Penticton Western newspaper, pursuant to Section 94 of the Community Charter.

Garry Litke, Mayor

Dana Schmidt, Corporate Officer

Official Community Plan Amendment Bylaw No. 2014-20 Page 1 of 1


Bylaw No. 2014-20

A Bylaw to Amend the Official Community Plan Bylaw 2002-20

WHEREAS the Council of the City of Penticton has adopted an Official Community Plan Bylaw pursuant to the Local Government Act; AND WHEREAS the Council of the City of Penticton wishes to amend “Official Community Bylaw 2002-20”; NOW THEREFORE BE IT RESOLVED that the Municipal Council of the City of Penticton, in open meeting

assembled, hereby ENACTS AS FOLLOWS: 1. Title: THIS Bylaw may be cited for all purposes as “Official Community Plan Amendment Bylaw 2014-20.” 2. Amendment:

2.1 “Official Community Plan Bylaw 2002-20” is hereby amended as follows:

Change future land use designation for Lot 1, District Lots 115 and 116, Similkameen Division Yale District, Plan 25981 located at 175 Kinney Avenue from Parks and Recreation (PR) to Medium Density Residential (MR).








Garry Litke, Mayor


Zoning Amendment Bylaw No. 2014-21 Page 1 of 3


Bylaw No. 2014 -21

A Bylaw to Amend Zoning Bylaw 2011-23 WHEREAS the Council of the City of Penticton has adopted a Zoning Bylaw pursuant the Local Government Act; AND WHEREAS the Council of the City of Penticton wishes to amend Zoning Bylaw 2011-23; NOW THEREFORE BE IT RESOLVED that the Municipal Council of the City of Penticton, in open meeting assembled, hereby ENACTS AS FOLLOWS: 1. Title: This bylaw may be cited for all purposes as “Zoning Amendment Bylaw 2014-21.” 2. Amendment:

2.1 Zoning Bylaw 2011-23 Schedule ‘A’ is hereby amended as follows:

Rezone Lot 1, District Lots 115 and 116 Similkameen Division Yale District Plan 25981 located at 175 Kinney Avenue from R1 (Large Lot Residential) to CD (Comprehensive Development) zone.

2.2 Add the following to Chapter 14 – Comprehensive Development:

14.5 CD5 Comprehensive Development (175 Kinney Avenue)

14.5.1 PURPOSE This zone provides for the comprehensive design of a residential development for Lot 1, KAP 25981, SDYD (175 Kinney Avenue) that is consistent with the intent of Official Community Plan Bylaw 2002-20.

14.5.2 PERMITTED USES .1 apartment .2 townhouse .3 congregate housing .4 extended care residence .5 minor home occupations (Subject to specific use regulations 8.4) .6 vacation rentals (Subject to specific regulations 8.9) .7 accessory use, building or structure

14.5.3 SUBDIVISION AND DEVELOPMENT REGULATIONS .1 Minimum lot width: 45.0 m .2 Minimum lot area: 2500 m2 .3 Maximum lot coverage: 50%. .4 Maximum density: 1.2 floor area ratio (FAR) with a maximum of 115 units per hectare (75 apartment units & 15 townhouses) .5 Maximum height: 18.0 m.

Within 8.0m of a parcel line the height may not exceed 10.0m .6 Minimum front yard: 3.0 m

.7 Minimum rear yard: 6.0 m


.8 Minimum side yard: 8.0m on the east parcel line and 6.1m on the west parcel line

.9 Parking: 1 space per unit plus 0.25 spaces/unit for visitors.

.10 Projections into Yard Setbacks: i. Notwithstanding section 5.11 of this bylaw:

1. Entrance canopies or awnings may project no more than 2.0 m into a required rear and side yard setback.

2. Covered or uncovered balcony may project no more than 2.0 m into a required rear and side yard setback.

14.5.4 OTHER REGULATIONS .1 Off-Street Bicycle Parking

Off-street bicycle parking shall comply with the standards and regulations established in Section 7.4 of this Bylaw.

.2 Amenity Space Requirements i. Amenity space shall be provided at the rate of 20 m2 for each dwelling

unit. ii. 25% of the required amenity space must be provided at the ground floor

level.

.3 Landscape Buffer

Minimum landscape buffer requirements of Section 6.3 shall apply

.4 A maximum of 60% of the lots shall be covered with hard surfacing, including buildings, structures, parking areas, driveways, walkways, patios and similar construction. The area of green roofs shall not be counted as hard surface.

.5 The maximum Density specified in Section 14.5.3 may be increased to a

maximum floor area of 1.7 if the owners provide a cash payment of $15.00 for every .0.9m2(1squarefoot) of density bonus to the City of Penticton to be placed in a reserve fund for affordable housing and special needs housing or public amenities off the site. This payment is due at the time of issuance of any building permit authorizing the construction of any phase by any amount, and to the extent that the building permit authorizes construction exceeding that density.









Garry Litke, Mayor


Documents

Public Notice - PentictonNews/News/2014/2014-04-24 Public... · Public Notice Page 1 of 2 For Office Use Only: ADDRESS \Kinney Ave\175\2011 MP-0020\NOTICES\2014\2014-04-24 Public