regional district of central okanagan agenda 8:30 am ...€¦ · 8:30 am (following a governance...

REGIONAL DISTRICT OF CENTRAL OKANAGANREGULAR BOARD MEETING

AGENDA8:30 am (following a Governance & Services Committee Meeting)

Thursday, September 8, 2016Woodhaven Board Room

1450 K.L.O. Road, Kelowna, BC

Pages

1. CALL TO ORDER

2. ADDITION OF LATE ITEMS

3. ADOPTION OF THE AGENDA

(All Directors - Unweighted Corporate Vote - Simple Majority - LGA 208.1)

Recommended Motion:THAT the agenda be adopted.

4. ADOPTION OF MINUTES

4.1 Regional Board Minutes - August 22, 2016 1 - 8


Recommended Motion:THAT the Regional Board meeting minutes of August 22, 2016 be adopted.

4.2 Public Hearing Minutes - August 22, 2016 9 - 11


Recommended Motion:THAT the Public Hearing minutes of August 22, 2016 be received.

5. CORPORATE SERVICES

No Board Action Required

6. FINANCIAL SERVICES

6.1 Information Report- Purchase Commitments >$100,000 during 2Q 2016 12


Recommended Motion:THAT the Regional Board, as per section 4.6 of the RDCO Purchasing Policy,receive for information the report on the purchase commitments whichexceeded $100,000 made during the second quarter, ending June 30, 2016.

7. COMMUNITY SERVICES

7.1 Extension Request for Application Z14/04 13 - 18

Shelter Cove Estates Ltd. c/o D.E. Pilling & Associates Ltd, Lot 1, PlanKAP60766, District Lot 3546, ODYD (4401 North Westside Road)

(Custom Vote - Electoral Areas & West Kelowna - 1 Director, 1 Vote, SimpleMajority)

Recommended Motion:THAT the Regional Board approve a one-year extension for Application FileNo. Z14/04.

7.2 Extension Request for Application VP-14-02 19 - 22

Shelter Cove Estates Ltd. c/o D.E. Pilling & Associates Ltd, Lot 1, PlanKAP60766, District Lot 3546, ODYD (4401 North Westside Road)

(Custom Vote - Electoral Areas & West Kelowna - 1 Director, 1 Vote, SimpleMajority)

Recommended Motion:THAT the Regional Board approve a one-year extension for Application FileVP-14-02.

8. PARK SERVICES


9. NEW BUSINESS

9.1 Rise & Report from the Governance & Services Committee Meeting - Sept 8,2016

9.1.1 Secondary Suite Applications In The Electoral Areas 23 - 26

(All Directors - Unweighted Corporate Vote - Simple Majority - LGA208.1)

10. DIRECTOR ITEMS

11. ADJOURN IN CAMERA


Recommended Motion:THAT Pursuant to Section 90 (1)(c) of the Community Charter the Regional Boardadjourn and convene to a closed to the public meeting - 'In Camera' session to discuss:

. labour relations or other employee relations.

Minutes of the REGULAR REGIONAL BOARD MEETING of the Regional District of Central Okanagan held at Regional District Offices, 1450 KLO Road, Kelowna, B.C. on Monday, August 22, 2016 ___________________________________________________________________

Directors: J. Baker (District of Lake Country) C. Basran (City of Kelowna) W. Carson (Central Okanagan West Electoral Area) M. Singh, alternate for M. DeHart (City of Kelowna) D. Findlater (City of West Kelowna) C. Fortin (District of Peachland) G. Given (City of Kelowna) T. Gray (City of Kelowna) M. Bartyik, alternate for P. Hanson (Central Okanagan East Electoral Area) D. Ophus (City of West Kelowna) B. Sieben (City of Kelowna) L. Stack (City of Kelowna) C. Derickson (Westbank First Nation)

Staff: B. Reardon, Chief Administrative Officer R. Fralick, Manager of Planning C. Radford, Director of Community Services

M. Rilkoff, Director of Finance B. Smith, Communications M. Drouin, Manager - Corporate Services (recording secretary) 1. CALL TO ORDER Chair Given called the meeting to order at 7:06 p.m. 2. ADDITION OF LATE ITEMS

No additional items 3. ADOPTION OF THE AGENDA

#174/16 FORTIN/BASRAN THAT the agenda be adopted. CARRIED Unanimously 4. ADOPTION OF MINUTES

4.1 Regional Board Minutes - July 25, 2016 (All Directors - Unweighted Corporate Vote - Simple Majority - LGA 208.1)

1

Regional District of Central Okanagan Regular Board Meeting Minutes – August 22, 2016 (Pg. 2)

#175/16 OPHUS/BASRAN

THAT the Regular Board meeting minutes of July 25, 2016 be adopted.

CARRIED Unanimously

4.2 Public Hearing Minutes - July 25, 2016 (All Directors - Unweighted Corporate Vote - Simple Majority - LGA 208.1)

#176/16 SIEBEN/CARSON

THAT the Public Hearing meeting minutes of July 25, 2016 be received.

CARRIED Unanimously

5. DELEGATION

5.1 North Westside Communities Association - Governance Study Committee, Bob Andrews - President (All Directors - Unweighted Corporate Vote – Simple Majority - LGA 208.1)

Bob Andrews, President of the North Westside Communities Association presented the Association’s view on governance in the North Westside area of Central Okanagan West Electoral Area. Mr. Andrews is also the Chair of the North Westside Communities Governance Committee, a group of seven residents. The past accomplishments of the Association were highlighted. Due to dissatisfaction being voiced by some community members on governance regarding lack of transparency, lack of accountability, feeling of alienation and indifference, and increasing water-related costs the Association decided to take action to review governance in the area. Examples of the issues of concern were highlighted. The Committee requests a letter of support for the Province to review the governance options available to the residents of the North Westside. Discussion:

Governance studies and incorporation studies are two different issues.

The Committee’s draft Terms of Reference was presented. The request for $50,000 in funding is to the Province. The Committee petitions the Province to determine if they will consider a study. The Province makes the decision not the Regional District.

It was noted that $30,000 was included in the RDCO Electoral Area budget for 2016 for ‘governance’. Director Carson noted this funding is for ‘service related’ issues not for a governance study. There will be a cost to the RDCO for staff resources should a study be approved by the Province.

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Other communities within the electoral area will be impacted should a change in governance occur.

The question was raised if the Province could attend a future Board meeting to clarify their role in such a study.

#177/16 FORTIN/STACK

THAT the presentation by the North Westside Communities Association regarding a governance study be received for information; AND FURTHER THAT staff report to the Board, prior to UBCM Convention, outlining the implications of a governance study to the Regional District. CARRIED Unanimously

#178/16 OPHUS/BAKER THAT staff request the Province attend a Board meeting, prior to UBCM Convention, to outline the Province’s role and options for a governance study.

CARRIED (opposed Carson)

It was noted that although a letter of support is requested, it is premature as the Board needs an opportunity to review the information presented including the potential impact to the Regional District.

#179/16 CARSON/BAKER

THAT the Board resolve to support a governance study by the North Westside Governance Committee for the North Westside Road Fire Protection Area.

DEFEATED (Carson in support) The Board recessed at 8:35 p.m. and reconvened at 8:40 p.m. Councillor Derickson left the meeting at 8:35 p.m. 6. CORRESPONDENCE

6.1 City of Kelowna - Municipal and Regional District Tax Bylaw No. 11258


City of Kelowna, through a bylaw process, is proposing an increase in the hotel tax in Kelowna from 2% to 3%.

3


Correspondence dated August 6, 2016 outlined the information on the tax increase. Jim Gabriel, City of Kelowna, and Nancy Cameron, Tourism Kelowna were in attendance. J. Gabriel outlined the process which requires consultation with the Regional District and support of the stakeholders. All hotels are located within the City of Kelowna. Provincial regulatory approval is required for the increase.

#180/16 FINDLATER/BAKER

THAT the August 9, 2016 letter from the City of Kelowna regarding the Municipal and Regional District Tax Bylaw No. 11258 be received for information; AND FURTHER THAT the Regional District of Central Okanagan provide a letter of support to the City of Kelowna for the increase in the hotel tax from 2% to 3%. CARRIED Unanimously

6.2 Ministry of Community, Sport and Cultural Development - 2016

Regional District Basic Grant (All Directors - Unweighted Corporate Vote - Simple Majority - LGA 208.1)

#181/16 STACK/OPHUS

THAT the July 22, 2016 letter from the Ministry of Community, Sport and Cultural Development confirming approval of the 2016 Regional District Basic Grant of $128,469 be received for information.

CARRIED Unanimously 7. CORPORATE SERVICES

7.1 Board Policy Review - Corporate Services (All Directors - Unweighted

Corporate Vote - Simple Majority - LGA 208.1) Staff report dated August 15, 2016 outlined the final Corporate Service policies for review and Board consideration.

#182/16 SIEBEN/BAKER

THAT the Regional Board rescind Board policies:

1. No. 2.20 entitled "Directors' Letterhead" adopted June 6, 1983; and

2. No. 2.40 entitled "Freedom of Information & Protection of Privacy" dated

June 2010.

AND THAT the Regional Board amend and confirm Board policy:

1. No. 2.39 entitled 'Delegation/Presentation Policy' adopted February 11, 2010

4


AND FURTHER THAT the Regional Board confirm Board policy:

1. No. 2.37 entitled 'Building with Wood' adopted February 13, 2006.

CARRIED Unanimously

8. FINANCIAL SERVICES


9. COMMUNITY SERVICES

9.1 Agricultural Advisory Commission Appointment 3-Year Term: Leo Gebert


Staff report dated August 15, 2016 outlined the Commission’s Terms of Reference and resume for Leo Gebert with recommendation for a three-year appointment to the Agricultural Advisory Commission.

#183/16 FINDLATER/OPHUS

THAT Leo Gebert be appointed as a member of the Agricultural Advisory

Commission for a three-year term (August 2016-August 2019).

CARRIED Unanimously

9.2 Environmental Advisory Commission Appointment 3-Year Term: Bobby Bedingfield, Gerry Leering, Janice Reilly, Liza Rodrigues-Bishop, Bob Whitehead 1-Year Term: Francesca Bertolini (All Directors - Unweighted Corporate Vote - Simple Majority - LGA 208.1)

Staff report dated August 15, 2016 outlined the Commission’s Terms of Reference, resumes of individuals recommended to be appointed to the Environmental Advisory Commission.

#184/16 FORTIN/BAKER

THAT Bobby Bedingfield, Gerry Leering, Janice Reilly, Liza Rodrigues-Bishop and Bob Whitehead be appointed as members of the Environmental Advisory Commission for three-year terms (August 2016-August 2019). AND FURTHER THAT Francesca Bertolini be appointed as a member of the Environmental Advisory Commission for a one-year term (August 2016-August 2017).

CARRIED Unanimously

5


9.3 Development Variance Permit (Application VP-16-01) Applicant: Regional District of Central Okanagan, Lot 45, Plan 21925, District Lot 3910, ODYD - 9408 Winchester Road, Central Okanagan West Electoral Area (Custom Vote - Electoral Areas - 1 Director, 1 Vote, Simple Majority)

Staff report dated August 15, 2016 outlined the Development Variance Permit to permit the siting of a proposed pump station for the Killiney Beach Water System. Staff reviewed the application and referrals.

Chair Given asked if there was anyone who deemed their property to be affected by the variance.

J. Edgson, #1 Lot Winchester Road – voiced support for the variance.

#185/16 CARSON/BARTYIK

THAT Development Variance Permit, application VP-16-01, to vary Section

13.2.5 of Zoning Bylaw No. 871 by allowing a reduction of the minumum front setback from 4.5m (14.8 ft) to 0.3m (0.98 ft) to permit a pump station be approved. CARRIED Unanimously 9.4 Joe Rich Rural Land Use Bylaw No. 1195-14, 2nd and 3rd readings and

Adoption, Application RLUB-16-03 for D. Scott & S. Thompson, Lot A, Plan KAP62177, District Lot 4052, ODYD, 341 Philpott Road (Custom Vote - Electoral Areas and Kelowna Fringe Area - 1 Director, 1 Vote, Simple Majority)

#186/16 BARTYIK/CARSON

THAT Joe Rich Rural Land Use Bylaw No. 1195-14 be given second and third readings; AND FURTHER THAT Joe Rich Rural Land use Bylaw No. 1195-14 be adopted.

CARRIED Unanimously

9.5 Infrastructure Planning Grant Program Applications-Ministry of Community,

Sport and Cultural Development Regional Floodplain Management Project-Phase 2 and Environmental Services Asset Management Plan Project (All Directors - Unweighted Corporate Vote - Simple Majority - LGA 208.1)

Staff report dated August 15, 2016 outlined a request to the Ministry of Community, Sport and Cultural Development for infrastructure planning grants.

6


#187/16 CARSON/FINDLATER THAT the Regional Board supports the Infrastructure Planning Grant Applications for the Regional Floodplain Management Project-Phase 2 and the Environmental Services Asset Management Plan Project. CARRIED Unanimously 10. PARK SERVICES


11. NEW BUSINESS

11.1 2nd Quarter Program Summary - Video & CAO Verbal Report (All

Directors - Unweighted Corporate Vote - Simple Majority - LGA 208.1)

Staff presented a short video highlighting the various program successes during the second quarter of 2016. It was noted all budgets are on target and that in particular business license, building permits, dog licensing and Westside Transfer station revenues are all above budget.

#188/16 OPHUS/FORTIN

THAT the 2nd Quarter Program Summary report be received for information.

CARRIED Unanimously

12. DIRECTOR ITEMS

Chair Given thanked volunteers and staff for their attendance early this morning at the Emergency Operations Center for the Bear Creek wildfire.

Director Carson noted that $16,000 had been raised at the North Westside Fire Department BBQ.

13. ADJOURN IN CAMERA


7


#189/16 BAKER/BASRAN

THAT Pursuant to Section 90 (1)(g)(i)(l) of the Community Charter the Regional Board adjourn and convene to a closed to the public meeting - 'In Camera' session to discuss:

litigation or potential litigation affecting the Regional District.

receipt of advice that is subject to solicitor-client privilege, including communication necessary for that purpose.

discussion respecting regional district objectives, measures and progress reports

CARRIED Unanimously

There was no further business the meeting was adjourned at 9:30 p.m. CERTIFIED TO BE TRUE AND CORRECT _____________________________________ G. Given (Chair) _____________________________________ B. Reardon (Director of Corporate Services)

8

Minutes of the PUBLIC HEARING of the Regional District of Central Okanagan held in the Woodhaven Board Room, Regional District Offices of Kelowna on Monday, August 22, 2016 ____________________________________________________________________

Directors: J. Baker (District of Lake Country) C. Basran (City of Kelowna) W. Carson (Central Okanagan West Electoral Area) M. Singh, alternate for M. DeHart (City of Kelowna) D. Findlater (City of West Kelowna) C. Fortin (District of Peachland) G. Given (City of Kelowna) T. Gray (City of Kelowna) M. Bartyik, P. Hanson (Central Okanagan East Electoral Area) D. Ophus (City of West Kelowna) B. Sieben (City of Kelowna) L. Stack (City of Kelowna) C. Derickson (Westbank First Nation)

Staff: B. Reardon, Chief Administrative Officer R. Fralick, Manager of Planning C. Radford, Director of Community Services M. Rilkoff, Manager of Financial Services M. Drouin, Manager-Corporate Services (recording secretary) Chair Given brought the Public Hearing to order at 7:00 p.m. Chair Given advised that this Special Meeting is being held for the purpose of considering an amendment to the Joe Rich Rural Land Use Bylaw No. 1195. The Public Hearing was advertised (pursuant to the Local Government Act) as follows:

Capital News on Friday, August 12, 2016 and Wednesday, August 17, 2016.

In accordance with the Development Applications Procedure Bylaw No. 944, a ‘Notice of Application’ sign was also posted on the subject property.

Chair Given stated that the role of the Regional Board is to hear representation from those persons who wish to provide comments regarding the proposed bylaw. Everyone who wishes to speak shall be given the opportunity to be heard. No one will be, or should feel, discouraged or prevented from making his or her views known. She added that it is important that all who speak at this meeting restrict their remarks to matters contained in the bylaw and it is her responsibility as Chair of this meeting to ensure that all remarks are so restricted. It was further noted that members of the Regional Board may if they so wish, ask questions following the presentation, however noted that the main function of the Regional Board members this evening is to listen to the views of the public. It is not the function of the Regional Board at this Public Hearing to debate the merits of the proposed bylaw with individual citizens.

9

Public Hearing Minutes – August 22, 2016 (Pg. 2)

No decision will be made at the Hearing, but the entire proceedings will be considered by the Regional Board at a subsequent meeting. Submissions regarding the proposed bylaw may be received prior to or at this Hearing. No further information or representations can be considered by the Regional Board after the Public Hearing is terminated. The Chair introduced the following bylaw: OWNERS: Regional District of Central Okanagan

Joe Rich Rural Land Use Amendment Bylaw No. 1195-14 (Our File: RLUB-16-03) Received First Reading – June 27, 2016 Central Okanagan East Electoral Area

APPLICATION: To amend the Joe Rich Rural Land Use Bylaw No. 1195 from SH2

Small Holdings 2 to SH2s Small Holdings 2 (Secondary Suite) on Lot A, District lot 4052, ODYD, Plan KAP62177, 341 Philpott Road.

Staff: Staff report dated August 15, 2016 outlined the application. The owners wish to legalize an existing secondary suite attached by a breezeway to the existing single detached house. All technical requirements will be addressed in conjunction with the land use amendment and building permit process. Staff outlined the application. Ortho-photo, elevations and photographs of the subject property were highlighted. The property is located within the Joe Rich Fire Protection Area and is serviced by a septic system and private well. A development permit application will not be triggered in conjunction with this application. There were no comments of note from the referral agencies. To date, one letter of support has been received regarding the application. Board: There were no comments. Applicant: There were no comments from the applicant. Public: There were no comments from the public. Board: No further comments.

10

Public Hearing Minutes – August 22, 2016 (Pg. 3)

The Public Hearing was terminated and adjourned at 7:06 p.m. CERTIFIED TO BE TRUE AND CORRECT G. Given (Chair) B. Reardon (Director of Corporate Services)

11

TO: Regional Board FROM: Andy Brennan Purchasing Manager DATE: August 29, 2016 SUBJECT: Information Report- Purchase Commitments >$100,000 during 2Q 2016

Voting Entitlement: All Directors - Unweighted Corporate Vote - Simple Majority - LGA 208.1

Purpose: To report all purchase commitments exceeding $100,000 during 2Q – 2016 in

accordance with section 4.6 of the Board’s Purchasing Policy.

Executive Summary:

Those purchase commitments exceeding $100,000 made during 2Q 2016 were as follows:

Contract Contract Awarded To Contract Value (excl. taxes)

Competitive Process Followed

Vacuum Truck & Associated Services (3 year agreement) (Ref# T16-275)

Suck It Up Environmental Ltd

$365,190 (total over 3 years based on rates and estimated quantities)

Invitation to Tender

Killiney Water Systems Upgrade (Underground Works) (Ref# T16-280)

R355 Enterprises Ltd $1,352,287 Invitation to Tender (MMCD)

Joe Rich Fire & Community Hall Water System Improvements (Ref# T16-282)

Cumming Construction Ltd

$232,365 Invitation to Tender (MMCD)

RECOMMENDATION: THAT the Regional Board, as per section 4.6 of the RDCO Purchasing Policy, receive for information the report on the purchase commitments which exceeded $100,000 made during the second quarter, ending June 30, 2016. Respectfully Submitted

Andy Brennan, Purchasing Manager Marilyn Rilkoff, Director of Finance & Administration

Approved for Board’s Consideration

Brian Reardon, CAO

Regional Board

Report

12

TO: Regional Board FROM: Ron Fralick

Manager of Planning DATE: August 30, 2016 SUBJECT: Extension Request for Application Z14/04

Shelter Cove Estates Ltd. c/o D.E. Pilling & Associates Ltd. Lot 1, Plan KAP60766, District Lot 3546, ODYD (4401N Westside Road)

Voting Entitlement: Custom Vote – Electoral Areas & West Kelowna – 1 Director, 1 Vote, Simple Majority

Purpose: To consider a request for a one-year extension to File: Z14/04 (Land Use

Contract Amendment Bylaw No. 258-05, Zoning Amendment Bylaw No. 871-224, Official Community Plan Amendment Bylaw No. 1274-04).

Executive Summary:

The Regional Board has not yet considered the above mentioned application due to the absence of provincial agency support with respect to key servicing issues. The intent of the associated bylaw amendments is to allow subdivision of the existing development into 36 single family residential lots. The proponents are working on an alternative solution to address the servicing issues; therefore, a one year extension has been requested for the Application Z14/04. This is the second extension request for this application.

RECOMMENDATION:

THAT the Regional Board approve a one-year extension for Application File No. Z14/04.

Respectfully Submitted:

R. Fralick, MCIP, RPP C. Radford Manager of Planning Director of Community Services Prepared by: Janelle Taylor, Planner 1


Brian Reardon, CAO

Regional Board Report

13

Regional Board Report Extension Request for Application Z14/04 Page 2

Implications of Recommendation:

Policy: Approval of the extension complies with Development Applications Procedures Bylaw No. 944.

Background:

On September 10, 2015, the Regional Board granted a one-year extension to the LUC/OCP/Zoning Application, Z14/04. Other than the extension, the amending bylaws have not been considered by the Regional Board due to outstanding issues which include the absence of provincial agency support with respect to key servicing issues. As per the attached letter from the company’s president, the development proponents have been unable to gain support from the Ministry of Community, Sport and Cultural Development or Interior Health Authority. Notwithstanding, the proponents are working on an alternative solution to address the servicing issues that they anticipate will receive provincial agency support; therefore, the company’s president has requested that a subsequent one-year extension be approved for the application. Project description: The subject property is currently regulated under Land Use Contract No. 258, which permits subdivision of the parcel into 42 vacation home sites. The parcel has been partially developed; the proponents are pursuing the Z14/04 application as they wish to permit full-time occupancy and to subdivide the parcel into 36 separate titles. The bylaw amendments are subject to the servicing parameters identified in Subdivision and Development Servicing Bylaw No. 704; therefore, a Development Variance Permit Application (RDCO File: VP-14-02) has also been submitted in conjunction with the Z14/04 Application to vary servicing requirements. The request for a one-year extension has also been made with respect to the Development Variance Permit Application addressed via a separate staff report. Development Applications Procedures Bylaw No. 944:

Applications that have not been approved or rejected within twelve (12) months after the application date will be of no force and effect. Unless the Regional Board passes a resolution to extend the deadline up to one-year, a new application will be required in order to proceed.

Conclusion:

In recognition that the applicants have been working towards resolution of the servicing issues and that comments from Interior Health Authority are pending, Planning staff has no concerns with the granting of a second one-year extension.

Alternatives:

THAT the Regional Board not approve a one-year extension for Application File: Z14/04.

Organizational/Financial Issues: The extension request was submitted and processed in accordance with requirements of RDCO Development Application Procedures Bylaw No. 944, including payment of the required fee. Considerations not applicable to this report:

Strategic Plan

Legal/Statutory Authority

External Implications

Attachment(s):

Schedule ‘A’ and Orthophoto Maps

14

Regional Board Report Extension Request for Application Z14/04 Page 3

Shelter Cove Estates Ltd. Correspondence, dated July 11, 2016

15

C5

C5

C5

RU3

RU6

pl 60766

2pl 60766 KAS 2984

1

LCP69

LCP68

LCP67LCP66

LCP65LCP64

LCP63LCP62

LCP61LCP60

LCP59LCP58

LCP57LCP56

LCP55LCP54

LCP53LCP52

LCP51

KASLCP50LCP49

LCP48LCP47

LCP46LCP45

LCP44LCP43

LCP42LCP41

LCP40

LCP39LCP38

LCP37LCP36

LCP35LCP34LCP33

LCP32LCP31LCP30

LCP29LCP28

LCP27LCP26

LCP25LCP24LCP23LCP22

LCP21

LCP20

LCP19

LCP18

LCP3

LCP1

LCP17

LCP16

LCP15

LCP14

LCP13

LCP12

LCP11

LCP10

LCP9

LCP8

LCP7

LCP6

LCP5

LCP4

LCP70

LCP128

LCP129

LCP2LCP3

LCP4LCP5

LCP6LCP7

LCP8LCP9

LCP10LCP11

LCP12LCP13

LCP14LCP15

LCP16LCP17

LCP18LCP19

LCP20LCP21 LCP97LCP23

LCP24

LCP25

LCP22

LCP1

16

LCP94

LCP95

LCP96

LCP26

LCP27

LCP2

9

LCP28LCP93

LCP9

8LC

P99

LCP1

00LC

P101

LCP30

LCP31

LCP32

LCP33

LCP77

LCP35LCP36

LCP37

LCP38

LCP39

LCP112

LCP92

LCP91

LCP90

LCP89

LCP88

LCP40LCP41

LCP42LCP43LCP44

LCP45LCP46LCP47LCP48LCP49

LCP87

LCP86

LCP85

LCP84

LCP83

LCP82

LCP81

LCP80

LCP79

LCP78

LCP34 LCP103LCP104

LCP105

LCP106LCP107

LCP108

LCP109

LCP110

LCP111

LCP1

02

LCP1

13LC

P114

LCP1

15

LCP50

LCP51

LCP52

LCP53

LCP54

LCP55

LCP56

LCP57LCP69

LCP76

LCP75

LCP74

LCP73

LCP72

LCP71

LCP70

LCP1LCP117

LCP118

LCP119

LCP120

LCP1

22

KAS

LCP121

LCP1LCP2

LCP3

LCP158

LCP65LCP66LCP67LCP68LCP69LCP70LCP71

LCP72LCP73LCP74LCP75LCP76LCP77LCP78LCP79LCP80LCP81

LCP89



LCP82LCP83

LCP84

LCP85

LCP86

LCP87

LCP88

LCP92

LCP90

LCP91

LCP108LCP109

LCP110

LCP111

LCP112

LCP113

LCP114

LCP115

LCP116LCP117

LCP118

LCP1

19LC

P120

LCP1

21

LCP122

LCP123

LCP124

LCP125LCP126LCP127LCP128LCP129LCP130

LCP1

31LC

P132

LCP1

33

LCP134LCP135LCP136

LCP137LCP138

LCP139LCP140

LCP141LCP142

LCP143LCP144LCP144

LCP145LCP1

46LC

P147

LCP1

48LC

P149

LCP1

50LC

P151

LCP1

52LC

P153

LCP1

54

LCP155 LCP156LCP157

2021

1964

LCP2

Wests

ide R

d

SCHEDULE 'A'

I hereby certify this to be a true and correct copy of Schedule 'A' as described inBylaw No. 871-224 and read a third time by the Regional District of Central Okanaganon the day of

Director of Corporate Services

.

0 90 18045 Meters

1:6,000

Proposed R1

Wests

ide R

oad

Okanagan Lake

16

C5

Wests

ide R

d

ORTHOPHOTO

File: Z14-04 Drawn by: JMDate: Aug. 20, 2014 Lot 1, Plan 60766, DL 3546 ODYD

.

0 60 12030 Meters

1:4,000

Subject Property

Wests

ide R

oad

Okanagan Lake

17

TO: Regional Board FROM: Ron Fralick

Manager of Planning DATE: August 30, 2016 SUBJECT: Extension Request for Application VP-14-02

Shelter Cove Estates Ltd. c/o D.E. Pilling & Associates Ltd. Lot 1, Plan KAP60766, District Lot 3546, ODYD (4401N Westside Road)

Voting Entitlement: Custom Vote – Electoral Areas & West Kelowna – 1 Director, 1 Vote, Simple Majority

Purpose: To consider a request for a one-year extension to Development Variance Permit

Application File: VP-14-02.

Executive Summary:

The Regional Board has not yet considered the above mentioned Development Variance Permit Application due to the absence of provincial agency support with respect to key servicing issues. The intent of the Application is to allow subdivision of the existing development into 36 single family residential lots. The proponents are working on an alternative solution to address the servicing issues; therefore, a one year extension has been requested for the Application VP-14-02. This is the second extension request for this application.

RECOMMENDATION:

THAT the Regional Board approve a one-year extension for Application File: VP-14-02.

Respectfully Submitted:



Brian Reardon, CAO

Regional Board Report

19

Regional Board Report Extension Request for Application VP-14-02 Page 2


Policy: Approval of the extension complies with Development Applications Procedures Bylaw No. 944.

Background:

On September 10, 2015, the Regional Board granted a one-year extension to the Application. Other than the extension, the Application has not been considered by the Regional Board due to outstanding issues which include the absence of provincial agency support with respect to key servicing issues. As per the attached letter from the company’s president, the development proponents have been unable to gain support from the Ministry of Community, Sport and Cultural Development or Interior Health Authority. Notwithstanding, the proponents are working on an alternative solution to address the servicing issues that they anticipate will receive provincial agency support; therefore, the company’s president has requested that a subsequent one-year extension be approved for the application. Development Applications Procedures Bylaw No. 944:

Applications that have not been approved or rejected within twelve (12) months after the application date will be of no force and effect. Unless the Regional Board passes a resolution to extend the deadline up to one-year, a new application will be required in order to proceed.

Conclusion:

In recognition that the applicants have been working towards resolution of the servicing issues and that comments from Interior Health Authority are pending, Planning staff has no concerns with the granting of a second one-year extension.

Alternatives:

THAT the Regional Board not approve a one-year extension for Application File: VP-14-02.

Organizational/Financial Issues: The extension request was submitted and processed in accordance with requirements of RDCO Development Application Procedures Bylaw No. 944, including payment of the required fee. Considerations not applicable to this report:

Strategic Plan

Legal/Statutory Authority

External Implications Attachment(s):

Subject Property Map

Shelter Cove Estates Ltd. Correspondence, dated July 11, 2016

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C5

C5

C5

RU3

RU6

pl 60766

2pl 60766 KAS 2984

1

LCP69

LCP68LCP67LCP66

LCP65LCP64

LCP63LCP62

LCP61LCP60

LCP59LCP58

LCP57LCP56

LCP55LCP54

LCP53LCP52

LCP51

KASLCP50LCP49LCP48LCP47

LCP46LCP45

LCP44LCP43

LCP42LCP41

LCP40

LCP39LCP38

LCP37LCP36

LCP35LCP34LCP33

LCP32LCP31LCP30

LCP29LCP28

LCP27LCP26

LCP25LCP24LCP23LCP22

LCP21

LCP20

LCP19

LCP18

LCP3

LCP1

LCP17

LCP16

LCP15

LCP14

LCP13

LCP12

LCP11

LCP10

LCP9

LCP8

LCP7

LCP6

LCP5

LCP4

LCP70

LCP128

LCP129

LCP2LCP3

LCP4LCP5

LCP6LCP7

LCP8LCP9

LCP10LCP11

LCP12LCP13

LCP14LCP15

LCP16LCP17

LCP18LCP19

LCP20LCP21 LCP97LCP23

LCP24

LCP25

LCP22

LCP1

16

LCP94

LCP95

LCP96

LCP26

LCP27

LCP2

9

LCP28LCP93

LCP9

8LC

P99

LCP1

00LC

P101

LCP30

LCP31

LCP32

LCP33

LCP77

LCP35LCP36

LCP37

LCP38

LCP39

LCP112

LCP92

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LCP40LCP41

LCP42LCP43LCP44


LCP87

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LCP34 LCP103LCP104

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LCP111

LCP1

02

LCP1

13LC

P114

LCP1

15

LCP50

LCP51

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LCP57LCP69

LCP76

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LCP1LCP117

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LCP1

22

KAS

LCP121

LCP1LCP2

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LCP158

LCP65LCP66LCP67LCP68LCP69LCP70LCP71


LCP89



LCP82LCP83

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LCP108LCP109

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LCP1

19LC

P120

LCP1

21

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LCP125


LCP1

31LC

P132

LCP1

33

LCP134LCP135LCP136

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LCP143LCP144LCP144

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46LC

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50LC

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52LC

P153

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LCP155 LCP156LCP157

2021

1964

LCP2

Wests

ide R

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SUBJECT PROPERTY

File: VP-14-02 Drawn by: JMDate: Aug. 20, 2014 Lot 1, Plan 60766, DL 3546 ODYD

.

0 90 18045 Meters

1:6,000

Subject Property

Wests

ide R

oad

Okanagan Lake

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TO: Governance and Services Committee FROM: Ron Fralick Manager of Planning DATE: August 30, 2016 SUBJECT: Secondary Suite Applications (3360-01)

Purpose: To obtain direction from the Board with respect to consideration of secondary

suites by policy approval rather than bylaw amendment.

Executive Summary:

The Regional Growth Strategy, Official Community Plans, and Rural Land Use Bylaw support the provision of secondary suites in the Electoral Areas. However, a property owner wishing to install a secondary suite in the Electoral Areas is required to apply for rezoning or to amend the land use designation prior to obtaining a building permit. In terms of volume, the Regional Board has approved 19 secondary suites since 2000. Three of the four RDCO member municipalities, and our RDNO and OSRD neighbours permit secondary suites by policy; the District of Peachland is exploring implementing similar changes. It is noted that prior to approving this change, these local governments completed a significant public consultation process to which we expect to follow as well.

RECOMMENDATION:

THAT the Governance and Services Committee recommend the Board direct staff to include consideration of secondary suite applications by policy approval rather than bylaw amendment in the 2017 Program Plan (111 – Electoral Planning). Respectfully Submitted:



Brian Reardon, CAO

Governance & Services Committee

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Governance and Services Report - Secondary Suite Applications Page 2


Strategic Plan: Directing staff to review the secondary suite provisions in 2017 meets the 2015-2018 Strategic Priorities Plan, Strategic Priority #1: Provide Proactive and Responsive Governance.

Policy: Directing staff to review the secondary suite provisions in 2017 complies with Regional

Growth Strategy Bylaw No. 1336’s Policy No. 3.2.10.2: Encourage effective governance and service delivery by being transparent, accountable and accessible.

Legal/Statutory Authority: Directing staff to review the secondary suite provisions in 2017 meets Local

Government Act Section 464 requirement of holding a public hearing prior to adopting a land use bylaw.

Background:

On June 27, 2016, the Regional Board passed the following resolution: #140/16 THAT staff be directed to bring a report to a future Governance & Services Committee meeting for consideration of secondary suite applications by policy approval rather than bylaw amendment. History The provision for secondary suites was introduced into Zoning Bylaw No. 871 at time of adoption in 2000; however, Joe Rich Rural Land Use Bylaw No. 1195 only recently included the use in 2012 (File: RLUB-12-01, Amendment Bylaw No. 1195-06). Current RDCO Secondary Suite Regulations Should an owner wish to include a secondary suite within a principal residence, under Zoning Bylaw No. 871 and Joe Rich Rural Land Use Bylaw No. 1195 the person must apply to rezone or amend the land use designation of the parcel. Should the land-use-amendment application for a secondary suite be successful, a subsequent Building Permit for the building construction / alteration is required. At this time, the Electoral Areas have a total of 19 parcels with approved secondary suites, plus 1 application currently in queue (11 in Central Okanagan East Electoral Area and 9 in Central Okanagan West Electoral Area). Regional Growth Strategy Bylaw No. 1336 Policy No. 3.2.6.1 “Preserve and enhance existing neighbourhoods through encouragement of a variety of housing types, densities, choices and affordability”. Official Community Plans / Rural Land Use Bylaw

Brent Road / Trepanier Official Community Plan Bylaw No. 1303:

Section 6.2, Policy No. 7 notes that “secondary suites are recognized as an appropriate form of infill housing that provides affordable rental/special needs housing options without a significant impact on the character of a neighbourhood.”

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Rural Westside Official Community Plan Bylaw No. 1274: Section 6, Policy No. 7 notes that the following should be reviewed “to provide more affordable housing using secondary suites, manufactured homes within existing and new developments, while maintaining sensitivity to the existing rural character of the North Westside area, and resolving additional load on any infrastructure” South Slopes Official Community Plan Bylaw No. 1304: Section 6, Policy No. 6 “The Board may consider allowance of secondary suites on properties that are zoned for residential use. A zoning amendment process is required in accord with the Local Government Act and with provisions of the Zoning Bylaw. Secondary suites are recognized as an appropriate form of infill housing that provides affordable rental/special needs housing options without a significant impact on the character of a neighbourhood. The Regional Board generally supports secondary suites where a landowner demonstrates that all technical issues will be addressed, and where there are no significant objections from neighbouring landowners. Limited growth is anticipated in the foreseeable future due to constraints of potable water and servicing. If there is to be growth, it will be located near or adjacent to established settlement areas of Lakeshore Road and June Springs Estates.” Ellison Official Community Plan Bylaw No. 1124: Section 16, Policy No. 2.8 supports “a range of residential types and densities in order to accommodate different socio-economic groups, age groups, and lifestyles.” Joe Rich Rural Land Use Bylaw No. 1195: Part 3 – Rural Lands for Residential Use, Policy No. 3.2.9 “Investigate the requirements for housing with relatives for family members within the study area.” Comparison The following table is a comparison of RDCO, member municipality, and neighbouring Regional District policies and bylaws regarding secondary suite use:

Secondary Suite Regulations

Local Government Approval Authority Process

RDCO Board Bylaw Amendment and Building Permit

District of Peachland

Council Bylaw Amendment and Building Permit Note: Process under consideration (ie: considering permitting secondary suites by policy)

City of West Kelowna

Permits Secondary Use in some zones

Building Permit, Suite Application Fee, Registration Fee, Business License

City of Kelowna Permits Secondary Use in some zones

Building Permit, Business License

District of Lake Country


Building Permit

25


Local Government Approval Authority Process

Regional District of North Okanagan


Building Permit

Regional District of Okanagan Similkameen


Building Permit

As shown above, three of the four member municipalities currently permit secondary suites by policy in some zones; the District of Peachland is exploring potential changes to their current process. In regards to the two neighbouring Okanagan Valley regional districts, they both permit secondary suites by policy in some zones.

Organizational Issues & Financial Considerations:

The 2016 Program Plan for the Planning Section’s 111- Electoral Planning does not include a project to consider implementing secondary suites by policy, and subsequently processing bylaw amendments to Zoning Bylaw No. 871 and Joe Rich Rural Land Use Bylaw No. 1195. Including the Project in the 2016 Program Plan may cause other projects to be deferred.

External Implications:

The local governments which have provisions to allow secondary suites by policy completed significant public consultation at time of considering the amendment. Planning staff believes that a similar public consultation process should apply if the Committee supports the provision of secondary suites via policy.

Conclusion

Consistency among secondary suite bylaws, policies, and regulations may be beneficial to Central Okanagan residents. Planning staff supports consideration of allowing secondary suites in some zones/land use designations by policy approval rather than bylaw amendment. In order for this process to occur, appropriate amendments to both the RDCO Zoning Bylaw No. 871 and Joe Rich Rural Land Use Bylaw No. 1274 would be required. This initiative should be considered as part of the 2017 Program Plan (111 – Electoral Planning), and the level of public consultation should be greater than the minimum required by the Local Government Act.

Alternative Recommendation:

THAT the provision of secondary suites continues to be subject to a bylaw amendment process in accordance with RDCO Application Procedures Bylaw No. 944.

Considerations not applicable to this report:

General Attachment(s):

Zoning Bylaw No. 871, Section 3.26 Secondary Suites

Joe Rich Rural Land Use Bylaw No. 1195, Section 2, Subsection 3.16 Secondary Suites

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