regional district of central okanagan … district of central okanagan public hearing agenda monday,...

REGIONAL DISTRICT OF CENTRAL OKANAGANPUBLIC HEARING AGENDA

Monday, January 23, 20177:00 p.m.

Woodhaven Board Room1450 K.L.O. Road, Kelowna, BC

Pages

1. CALL TO ORDER

This Special Meeting is being held for the purpose of considering an amendment to theRural Westside Official Community Plan Amendment Bylaw No. 1274-05 and RDCOZoning Bylaw No. 871.

The Public Hearing was advertised pursuant to the Local Government Act as follows:

·The Vernon Morning Star on Friday, January 13, 2017 and Wednesday, January 18, 2017, and

·The Capital News on Friday, January 13, 2017 and Wednesday, January 18, 2017,

A Consultation Notice in accordance with the Local Government Act was advertised in theVernon Morning Star and the Capital News on Friday, December 9, 2016.

In accordance with Development Applications Procedure Bylaw No. 944, a “Notice ofApplication” sign was also posted on the subject properties.

The role of the Regional Board is to hear representation from those persons who wish to providecomments regarding the proposed bylaws. Everyone who wishes to speak shall be given theopportunity to be heard. No one will be, or should feel, discouraged or prevented from makinghis or her views known. However, it is important that all who speak at this meeting restrict theirremarks to matters contained in the bylaws and it is my responsibility as Chairperson of thismeeting to ensure that all remarks are so restricted.

Members of the Regional Board may, if they so wish ask questions of you following yourpresentation. However, the main function of the Regional Board members this evening is tolisten to the views of the public. It is not the function of the Regional Board at this public hearingto debate the merits of the proposed bylaws with individual citizens.

No decision will be made at the Hearing, but the entire proceedings will be considered by theRegional Board at a subsequent meeting.

Submissions regarding the proposed bylaws may be received prior to or at this Hearing.

No further information or representations can be considered by the Regional Board afterthe Public Hearing is terminated.

2. The Province of BC c/o The Owners of Strata Plan KAS2428 1 - 20

AGENT: B. Wills

Rural Westside Official Community Plan Amendment

Bylaw No. 1274-05(Our file: Z16/05)

Received First Reading October 24, 2016

(Central Okanagan West Electoral Area)

To amend the Official Community Plan Future Land Use

Designation from Parks and Recreation to

Commercial Resort.

Zoning Amendment Bylaw No. 871-238 (Our file: Z16/05)

Received First Reading October 24, 2016

(Central Okanagan West Electoral Area)

To amend the zoning from P1 Park and Open Space to C5

Campground, Cabin and Motel Commercial.

3. TERMINATE & ADJOURN

TO: Regional Board FROM: Ron Fralick Manager of Development Services

DATE: January 16, 2017

SUBJECT: Rural Westside Official Community Plan Amendment Bylaw No. 1274-05

Zoning Amendment Bylaw No. 871-238 Application Z16/05 (The Province of BC c/o The Owners of Strata Plan KAS2428 (La Casa) c/o B. Wills)

Blocks C and D of District Lot 3542, ODYD - Westside Rd

Purpose: To amend the OCP Future Land Use Designation from Parks and Recreation to

Commercial Resort, and to amend the zoning from P1 Park and Open Space to C5 Campground, Cabin and Motel Commercial.

Executive Summary:

The Regional Board conditionally supported the FrontCounter BC referral application to permit the purchase of the Crown land parcels in 2015 (File: CL-15-10). This OCP/Rezoning Application, specific to Blocks C & D, is a condition of the sale of the subject Crown Land parcels. The applicants intend to develop the site as ATV access to Terrace Mountain Forest Service Road; swimming pool with amenities; parking for boat trailers/cars/golf carts; garbage transfer station; and other uses associated with La Casa Lakeside Cottage Resort (La Casa). To date, no opposition has been received from affected agencies or neighbouring property owners.

Respectfully Submitted:

R. Fralick, MCIP, RPP Manager of Development Services

Prepared by: Janelle Taylor, Planner 1

Approved for Board’s Consideration

Brian Reardon, CAO

Regional Board Report For the Public Hearing January 23, 2017

1

Public Hearing Report (Z16/05) Page 2

Implications of Recommendation:

Strategic Plan: Approval of the official community plan and zoning amendments meets the 2015-2018 Strategic Priorities Plan, Strategic Priority #3: Nurture Responsible Growth and Development.

Policy: Approval of the official community plan and zoning amendments complies with:

Regional Growth Strategy Bylaw No. 1336, Policy: Proposals for new growth areas should consider the impacts on existing services and facilities in the community.

Background: History: The applicant, The Owners of Strata Plan KAS2428 (La Casa), proposes to purchase three parcels of Crown land currently under tenure (Blocks B, C & D). The Regional Board conditionally supported the original Crown tenure referral application in 2008 (File: CL-08-14), and upon considering the FrontCounter BC referral application to permit the purchase of three Crown land parcels in 2015, passed the following resolution: #230/15 THAT FrontCounter referral application to permit the purchase of three Crown land parcels adjacent to the La Casa Resort development, south of Fintry (CL-15-10) for the Owners of Strata Plan KAS2428 (La Casa) be conditionally supported subject to the following being addressed prior to the issuance of, or applied as conditions to, the sale of the subject parcels:

Issues and recommendations of other agencies (included and appended to the Regional District staff report dated November 16, 2015).

Strata KAS2428 bylaws be amended to reflect the ‘no motorized vehicle’ areas.

That a covenant be registered on title on the subject Crown parcels stating the parcels cannot be sold, without Regional District consent and that the parcels be managed by the Strata Corporation.

For Block C: the applicant to install a fence along the eastern border, to apply for a Development Permit, and to submit an application to amend the zoning and OCP designation.

CARRIED Project Description: This application is specific to Blocks C & D, as the zoning and future land-use designation of Block B was captured in an Official Community Plan/Zoning amendment application in 2010 (File: Z10/03). The applicants are proposing to amend the OCP Future Land Use Designation from Parks and Recreation to Commercial Resort, and to amend the zoning from P1 Park and Open Space to C5 Campground, Cabin and Motel Commercial. As outlined in the attached correspondence from Lynnpeaks Consulting Ltd., the applicants intend to develop the site as ATV access to Terrace Mountain Forest Service Road; a swimming pool with amenities such as change rooms/washrooms and a club house; parking for boat trailers, cars and golf carts; a garbage transfer station; and other uses associated with La Casa. The applicants would continue to maintain the current private road, Barcelona Drive East.

2


Should the Regional Board adopt the Official Community Plan/Zoning amendment bylaws, a Development Permit to address the form and character within the Crown lease area of Blocks C & D would be submitted by the applicant and considered by the Regional Board prior to developing the area. At time of the applicant submitting the Development Permit, Planning staff will recommend that the previous Form and Character Development Permits be repealed and replaced with one updated master Development Permit for La Casa. The C5 Campground, Cabin and Motel Commercial Zone could create opportunity to increase the number of accommodation units within the La Casa resort development. As such, a density restricting covenant was recommended by staff at time of first reading to be registered on the subject parcels. Site Context: The property is located outside of a Fire Protection Area. It is anticipated that the lands will be serviced by a private community water and sewer system operated and maintained by the La Casa development. In accordance with the Rural Westside Official Community Plan Bylaw No. 1274, the Hillside, Sensitive Terrestrial Ecosystem and Wildfire Interface Development Permit provisions affect the parcel. Additional Information: Owner: Province of BC Agent: The Owners of Strata Plan KAS2428 (La Casa) c/o B. Wills Address: Westside Road / Barcelona Drive East Legal: Blocks C and D of District Lot 3542, ODYD Lot Size: +/- 1.81 ha (4.47 acres) Zoning: P1 Park and Open Space OCP Designation: Parks and Recreation Existing Use: Private road, garbage/recycling station, ATV Crown land access

route, boat trailer parking Sewage Disposal: Private (La Casa) Community Sewer System Water Supply: Private (La Casa) Community Water System ALR: Outside of the ALR Fire Protection: Not within a Fire Protection Area Surrounding Uses: North: La Casa South: Fintry Provincial Park and Protected Area / Westside Road East: Fintry Provincial Park and Protected Area West: Westside Road AGENCY REFERRALS (Presented at First Reading): RDCO Parks Services and Environmental Section staff indicates that their interests are unaffected by the application. RDCO Environmental/Land Use Planner indicates that the area under consideration has been cleared with no environmental values remaining. Habitat connectivity potential in the area is considered high according to the Okanagan Biodiversity Conservation Strategy. A Development Permit will be required prior to any development occurring and can address siting, design, landscaping, restoration and servicing issues; the Development Permit should consider naturalization of portions of the site and accommodation of wildlife connectivity.

3


Central Okanagan West Advisory Planning Commission (APC) supports the application as presented. Environmental Advisory Commission supports the application, but notes that at time of considering the Form and Character Development Permit, naturalizing the area between the development and the Fintry Provincial Park and Protected Area is recommended. Fire Section staff advises that the subject parcels are not within a fire protection area. Prior to adoption of the bylaws, all parcels to be consolidated with La Casa must be included within the North Westside Fire Protection Area. The applicants may complete this task by applying to the Regional District. Inspection Section staff notes that should any structures or buildings be constructed or altered on the subject land, RDCO Building Bylaw No. 835, 1999, will apply. Ministry of Transportation and Infrastructure indicates that Preliminary Approval is granted for the rezoning for one year pursuant to section 52(3)(a) of the Transportation Act, subject to the following conditions:

1. The site layout drawing shows an access to Westside Rd. MOTI is not willing to approve vehicular access at this location. The owners must show that the access is permanently decommissioned for vehicles and allows only enough space for pedestrians and ATVs to use it. Any bollards or fences used to fulfill this requirement must be fully within private property and not within road right-of-way.

2. It is the landowners’ responsibility to ensure that any ATVs travelling within Westside Rd right-of-way have the appropriate insurance and licensing.

Subsequent to MOTI’s comments, the applicants advise that there are no plans to allow vehicle access to Westside road; currently, there is a large steel green gate that prevents vehicle access. The ATV issue at La Casa has been dealt with extensively by all parties. BC Hydro notes that their interests are unaffected. Interior Health Authority indicates that there are no objections to the proposed amendments; however, at construction stage the owner of the subject property will require plan approvals and permits from Interior Health for the proposed swimming pool and clubhouse. Ministry of Forests, Lands and Natural Resource Operations (Archaeology Branch) advises that according to Provincial records there are no known archaeological sites recorded on the subject property; however, archaeological potential modeling for the area indicates there is the possibility for unknown/unrecorded archaeological sites to exist on the property. A previously recorded archaeological site EaQv-32 is located approximately 20m of the south boundary of Block D. Archaeological sites (both recorded and unrecorded, disturbed and intact) are protected under the Heritage Conservation Act and must not be altered or damaged without a permit from the Archaeology Branch.

4


Ministry of Forests, Lands and Natural Resource Operations (Resource Management) notes that it is the proponent’s responsibility to ensure their activities are in compliance with all relevant legislation. To ensure proposed activities are planned and carried out with minimal impacts to the environment and in compliance with all relevant legislation, the proponent and approving agency are advised to adhere to guidelines in the provincial best management practices (BMP’s) document: Develop with Care: Environmental Guidelines for Urban & Rural Land Development. MFLNRO further indicates that the proposal provided by the applicant contains little information concerning the water delivery system, proposed water source or requested volumes. Moreover, the Ministry of Forests, Lands and Natural Resource Operations does not provide direction concerning whether water rights will be issued for an undertaking outside of the legislated water licence application process. The RDCO may wish to consider the following points:

If the development does not source water from a licensed purveyor, it will require a water licence;

the shoreline of Okanagan Lake immediately east of the proposed development is characterized as highly sensitive kokanee spawning habitat, thereby potentially prohibiting the approval of new points of diversion; and

requested water withdrawals of over 100 cubic metres per day should be accompanied by a water development plan.

Subsequent to MFLNRO comments, the applicant has provided a copy of Water Permit No. 22762 and Conditional Water Licence No. 113291. Furthermore, the applicant has advised that La Casa can add a third swimming pool and stay within the existing water licence without an additional change to the licence. Upon receipt of the information, MFLNRO indicates that they have no additional comments. Ministry of Community, Sport and Cultural Development advises that there are no concerns with the proposed bylaw at this time, subject to any provincial interests that may be raised through the RDCO’s broader referral process. Shaw advises that their interests are unaffected. Updates For Public Hearing:

o Corix Utilities Letter In addition to the agent satisfying the concerns of Ministry of Forests, Land and Natural Resource Operations (Resource Management) prior to first reading, a conditional letter of support from the utility operator for the La Casa water and wastewater facilities has been received and is attached.

o At time of first reading, the Regional Board was interested in learning more about the Fintry Protected Area, which is identified on Schedule ‘A’ of the proposed bylaw amendments. BC Parks’ website1 outlines that “Fintry Protected Area was established on April 18, 2001, to enhance the ecological viability of the existing [Fintry Provincial]

1 “Fintry Provincial Park and Protected Area.” Province of British Columbia, http://www.env.gov.bc.ca/bcparks/explore/parkpgs/fintry. Accessed 10 January 2017.

5

http://www.env.gov.bc.ca/bcparks/explore/parkpgs/fintry


Park. This protected area protects important California bighorn sheep habitat and provides increased representation of the North Okanagan Basin ecosection by capturing an increased elevational gradient”.

Public Hearing Requirements: Status of Conditions outlined in RDCO Resolution #230/15 Regional District staff received an update from the agent which provided an overview of the above-noted conditions. Draft Covenant Regional District staff worked collaboratively with the agent and the owner’s legal representative to draft the covenant restricting the density of Blocks C & D. In addition to restricting the subject parcels from permitting any accommodation, Block B and District Lot 5266 were volunteered to be named on the covenant. Registered Plan KAP67076 has been attached, which will form a part of the covenant; the areas outlined in red are proposed to be restricted by the covenant. External Implications: In accordance with Development Applications Procedures Bylaw No. 944, a Notice of Application sign has been posted on the subject properties. Subsequent to the Public Hearing notification process, up to and including the date of this report no letters or correspondence has been received from neighbouring property owners or residents. Conclusion: Should the Regional Board close the Public Hearing, the application will come forward with a separate staff report for Board consideration of further readings to the bylaw amendments. Considerations not applicable to this report:

Financial

Organizational Attachment(s):

Bylaws No. 1274-05 & 871-238

Orthophoto Map

Proposed Site Plans, August 10, 2016, Monashee Surveying Geomatics

Lynnpeaks Consulting Ltd. Correspondence, August 19, 2016

Corix Utilities, October 21, 2016, Letter

Registered Plan KAP67076

6

Bylaw No. 1274-05

Page 1 of 2

REGIONAL DISTRICT OF CENTRAL OKANAGAN

BYLAW NO. 1274-05

A Bylaw to Amend the Regional District of Central Okanagan Rural Westside Official Community Plan 1274, 2010

WHEREAS the Regional Board of the Regional District of Central Okanagan is desirous of amending Bylaw No. 1274, 2010 under the provisions of the Local Government Act. NOW THEREFORE the Regional Board of the Regional District of Central Okanagan, in an open meeting enacts as follows: 1. This bylaw may be cited as Rural Westside Official Community Plan Amendment

Bylaw No. 1274-05. 2. That the Rural Westside Official Community Plan Bylaw 1274, 2010 is hereby

AMENDED by changing the designation on Blocks C and D of District Lot 3542, ODYD, Plan KAP67076 as shown on Schedule ‘A’ attached to and forming part of this bylaw from Parks and Recreation to Commercial Resort.

3. That the Rural Westside Official Community Plan ‘Future Land Use’ map of the

bylaw be AMENDED to depict the change. READ A FIRST TIME this 24th day of October 2016

PUBLIC HEARING HELD PURSUANT TO THE LOCAL GOVERNMENT ACT this

day of

READ A SECOND TIME this day of

READ A THIRD TIME this day of

ADOPTED this day of

Chairman Director of Corporate Services

7

Bylaw No. 1274-05

Page 2 of 2

I hereby certify the foregoing to be a true and correct copy of Bylaw No. 1274-05 as read a third

time by the Regional District of Central Okanagan the day of

Dated at Kelowna, this day of

Director of Corporate Services

I hereby certify the foregoing to be a true and correct copy of Bylaw No. 1274-05 which was

Adopted by the Regional District of Central Okanagan on the

day of



H:\Planning\3360-Zoning\20-Applications\2016\Z16-05\Maps & Bylaws\Bylaw - 1274-05.doc

8

Bylaw No.871-238

Page 1 of 2

REGIONAL DISTRICT OF CENTRAL OKANAGAN

BYLAW NO. 871-238

A Bylaw to Amend Regional District of Central Okanagan Zoning Bylaw 871, 2000

WHEREAS the Regional Board of the Regional District of Central Okanagan is desirous of amending Zoning Bylaw No. 871 under the provisions of the Local Government Act. NOW THEREFORE the Regional Board of the Regional District of Central Okanagan, in an open meeting enacts as follows: 1. This bylaw shall be cited as Regional District of Central Okanagan Zoning

Amendment Bylaw No. 871-238. 2. That the Regional District of Central Okanagan Zoning Bylaw No. 871, 2000 is

hereby AMENDED by changing the zoning on Blocks C and D of District Lot 3542, ODYD, Plan KAP67076 as shown on Schedule ‘A’ attached to and forming part of this bylaw from P1 Park and Open Space to C5 Campground, Cabin and Motel Commercial.

3. That the Regional District of Central Okanagan Zoning Bylaw map being Schedule

‘B’ of the bylaw be AMENDED to depict the change. READ A FIRST TIME this 24th day of October 2016

PUBLIC HEARING HELD PURSUANT TO THE LOCAL GOVERNMENT ACT this

day of

READ A SECOND TIME this day of

READ A THIRD TIME this day of

Approved under the Transportation Act this day of

Ministry of Transportation & Infrastructure

10

Bylaw No.871-238

Page 2 of 2

ADOPTED this day of

Chairman Director of Corporate Services

I hereby certify the foregoing to be a true and correct copy of Zoning Bylaw No. 871-238 as read

a third time by the Regional District of Central Okanagan the day of



I hereby certify the foregoing to be a true and correct copy of Zoning Bylaw No. 871-238 which

was Reconsidered and Adopted by the Regional District of Central Okanagan on the

day of



H:\Planning\3360-Zoning\20-Applications\2016\Z16-05\Maps & Bylaws\Bylaw 871-238.doc

11

Blk D

Westside Rd

Barc

elon

a D

r E

F I N T R Y P R O T E C T E D A R E A

Okanagan Lake

P1

C5

C5

SCHEDULE 'A'

I hereby certify this to be a true and correct copy of Schedule 'A' as described in Bylaw No. 871-238 and read a third time by the Regional District of Central Okanagan on the day of __________________________


.0 40 8020

Metres

1:2,000

Proposed C5Proposed C5Proposed C5

12

Westside R

d

Toledo Dr

Tera

zona

Dr Santiago Loop

Barcelona Dr E

La Palma Loop

Madrid Way

Valencia Way

Verona Loop

Marbella Loop

ORTHOPHOTO

File: Z16/05 Blocks C and D of District Lot 3542, ODYD

Date: August 19, 2016 Drawn by: KY

.0 50 10025 m

1:5,000

Block C

Block D

Block C

13

regional district of central okanagan … district of central okanagan public hearing agenda monday,...

Documents